Having considered a change or extension in a use of property which is lawfully non-conforming under the By-law as to whether or not this application has met the requirements of Section 45(2) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and
Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,
Moved by D. Kendrick
Seconded by S. Dykstra
That in the matter of an application under Section 45(2)(a)(i) of the Planning Act, R.S.O. 1990, C.P13, as amended, permission to enlarge/extend the legal non-conforming use at 102 Kathleen Street the construction of a two-storey building addition with a gross floor area of 112.17 square metres onto the left side of the existing semi-detached dwelling unit, and
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Sections 4.13.2.1 and 5.1.2.7 i), and Table 5.1.2, Row 6 of Zoning By-law (1995)-14864, as amended, for 102 Kathleen Street, to permit:
- the required parking space to be located a minimum of 5.2 metres from the street line, when the By-law requires that, in a R.1 Zone, every required parking space shall be located a minimum distance of 6 metres from the street line and to the rear of the front wall of the main building; and
- a minimum front yard setback of 5.2 metres for the proposed two-storey building addition and attached garage, when the By-law requires:
- a minimum front or exterior side yard for dwellings located within Defined Area Map Number 66 of 6 metres or the average of the setbacks of the adjacent properties; and
- that where the off-street parking space is located within a garage or carport, the setback for the garage or carport shall be a minimum of 6 metres from the street line; and a minimum front yard setback of 6.0 metres for one to two-storey single-detached dwellings in an R.1B zone,
be approved.
Reasons:
This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1) of the Planning Act.
Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.