Committee of Adjustment Agenda

Transcription

1 Committee of Adjustment Agenda Meeting Date: Tuesday October 13, 2015 Place: Woodstock City Hall, Council Chambers Regular Session: 7:00 PM Chair: Len Reeves 1. Declaration of Conflict Of Interest 2. Approval of Minutes September 14, 2015 meeting minutes 3. Business Arising From Minutes 4. Correspondence 5. Applications for Minor Variance MV Munnoch Blvd Michael and Agelina Breadner Relief from Section , Accessory Uses Permitted, Table 1 Regulations for Accessory Buildings, Uses and Structures Residential Uses Setback from Streetline; to reduce the minimum setback from streetline from 6m (19.7 ft) to 0.55m (1.8 ft) to permit a 8.64 m 2 (93 ft 2 ) accessory structure. 6. General Business 7. Adjournment

2 Committee of Adjustment September 14, 2015 Page 1 of 3 A meeting of the City of Woodstock Committee of Adjustment was held on the above mentioned date commencing at 7:00 p.m. in the Council Chambers, City Hall. Members present: Len Reeves Chairperson, Mr. Howard Pye, Mr. Fred Curry, Mr. Tom Rock, Mr. Peter Rigby, Mr. Paul Barron Also present: Ron Versteegen, City Planner Craig Wallace, Manager of Buildings and Facilities Ashley Sage, Acting Secretary Treasurer DECLARATION OF CONFLICT OF INTEREST none MINUTES Moved by P. Rigby Seconded by F. Curry That the minutes of the meeting of August 10, 2015, be adopted as printed. Carried APPLICATIONS FOR MINOR VARIANCE a) MV Riddell Street Filtec Screens Inc. Variances requested: Relief from Section 15.2 Zone Provisions, Table 15.2 Lot Area; to reduce the required lot area per dwelling unit for a multiple use apartment dwelling house from 80 m2 (861.1 ft2) per dwelling unit to 77 m2 (828.8 m2) per dwelling unit, to allow for a maximum of 32 dwelling units within the existing building. Location: The subject lands are described as Lots 5-9, Block E, Plan 50 in the City of Woodstock. The lands are located on the northeast corner of Riddell Street and Adelaide Street and are municipally known as 34 Riddell Street. Presentation and Discussion: Mr. R. Versteegen stated that the subject application is seeking relief from section 15.2 of the City s Zoning By-law to reduce the required lot area per dwelling unit for a multiple use apartment dwelling house from 80 m2 (861.1 ft2) per dwelling unit to 77 m2 (828.8 ft2) per dwelling unit. The subject property is currently zoned Special Central Commercial Zone (C5-10), which based on the total lot area is permitted to have a maximum of 31 dwelling units. The applicant has indicated that they wish to add an additional dwelling unit within the building and therefore is seeking to reduce the total lot area per dwelling unit.

3 Committee of Adjustment September 14, 2015 Page 2 of 3 The subject property is approximately 2,491.9 m2 (26,822.5 ft2) in area and contains a former church and associated parking lot. The subject application seeks to reduce the total lot area per dwelling unit to facilitate the conversion of a former church to a 32 unit apartment dwelling house. The applicant s original intent was to create 28 units but as the renovation has progressed, it has become apparent that the building has space for 4 more units. It is the opinion of this Office that the applicant s request to reduce the total lot area per dwelling unit from 80 m2 (861.1 ft2) to 77 m2 (828.8 ft2) can be considered minor in nature and desirable for the development of the lands. According to the C5 zoning provisions, the subject property could accommodate up to 31 units without requiring relief and therefore the applicant is proposing a minor deviation from the zoning provisions. The lot area provisions are typically designed to provide sufficient space for all buildings and structures, parking and adequate space for landscaping. The requested relief is considered to be minor and no impact on neighbouring properties is anticipated. The additional units that will be permitted by this requested relief will be accommodated within the existing building and the said units would not appear to unduly impact the ability of the site to provide on-site parking or amenity space. In light of the foregoing, it is the opinion of this Office that the applicant s proposal can be supported from a planning perspective. Staff are satisfied that the application maintains the general intent of the Official Plan and the Zoning By-law. The applicant, Emma Li of 574 Thomas Street, Kitchener spoke to the application. By adding an additional unit, they will be able to accommodate more families that require housing. They have already had more than 10 preregistered applicants for the building. The units are geared to lower income and four of the units are accessible. Mrs. Li feels that Oxford County is facing a big housing shortage. The location of the apartment dwelling provides amenities for those living in the building. Mr. Li indicated that the streets will be safer, as there will be more people walking places and the environment will be better, as people will not be driving as often. There are no technical issues will the apartment dwelling house and all apartments will be spacious. The increase from 31 to 32 will help to accommodate families in need. Recommendation: Moved by T. Rock Seconded by P. Barron That the City of Woodstock Committee of Adjustment approve Application File MV-12-15, submitted by Filtec Screens Inc. described as Lots 5-9, Block E, Plan 50 in the City of Woodstock as it relates to: 1. Relief from Section 15.2 Zone Provisions, Table 15.2 Lot Area; to reduce the

4 Reasons Committee of Adjustment September 14, 2015 Page 3 of 3 required lot area per dwelling unit for a multiple use apartment dwelling house from 80 m2 (861.1 ft2) per dwelling unit to 77 m2 (828.8 ft2) per dwelling unit, to allow for a maximum 32 dwelling units within the existing building. a) The proposed relief is a minor variance from the provisions of the City s Zoning By-law in that the subject property will be able to provide adequate lot area for the use; b) The proposed relief is desirable for the use of the land as the said relief will not negatively impact neighbouring properties; c) The proposed relief maintains the general intent and purpose of the City s Zoning By-law as the development is generally in keeping with the provisions of the C5 zone; and d) The relief maintains the intent and purpose of the Official Plan as an apartment dwelling house is a form of development contemplated by the Central Business District designation. Carried GENERAL BUSINESS ADJOURNMENT Moved by H. Pye Seconded by F. Curry That the meeting adjourn at 7:09 p.m. Carried Len Reeves Chair

5 Community and Strategic Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: Fax: Web site: Our File: MV APPLICATION FOR MINOR VARIANCE TO: City of Woodstock Committee of Adjustment MEETING: October 13, 2015 REPORT NUMBER: OWNER: Michael & Angelina Breadner 290 Munnoch Boulevard, Woodstock ON N4T 0C4 VARIANCE REQUESTED: Relief from Section , Accessory Uses Permitted, Table 1 Regulations for Accessory Buildings, Uses and Structures Residential Uses Setback from Streetline; to reduce the minimum setback from streetline from 6 m (19.7 ft) to 0.55 m (1.8 ft) to permit a 8.64 m 2 (93 ft 2 ) accessory structure. LOCATION: The subject lands are described as Lot 64, Plan 41M-238 in the City of Woodstock. The lands are located on the south east corner of Munnoch Boulevard and Normandy Drive and are municipally known as 290 Munnoch Boulevard. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: CITY OF WOODSTOCK ZONING BY-LAW: SURROUNDING USES: Low Density Residential Residential Type 1 Zone (R1) surrounding uses include low density residential development COMMENTS: (a) Purpose of the Application: The applicant proposes to obtain relief from Section of the City s Zoning By-law to reduce the minimum setback from streetline from 6 m (19.7 ft) to 0.55 m (1.8 ft) to permit a 8.64 m 2 (93 ft 2 ) accessory structure. The applicant constructed the garden shed without knowing that a building permit was required. Upon inspection of the shed, staff noted that the structure did not meet the minimum setback for an accessory structure from streetline.

6 File Number: MV Report Number Page 2 Plate 1, Existing Zoning & Location Map, shows the location of the subject lands and the current zoning in the immediate vicinity. Plate 2, Aerial Map (2014), provides an aerial view of the subject lands and surrounding properties. Plate 3, Applicant s Sketch, illustrates the dimensions of the property and the location of the dwelling and accessory structure. (b) Agency Comments The City Engineering Office (Building Department) indicated that there are no concerns with the requested relief as the location of the shed does not impact on the sight lines for the street. (c) Intent and Purpose of the Official Plan: The subject lands are designated Low Density Residential according to the City of Woodstock Land Use Plan, as contained in the County Official Plan. The construction of an accessory structure on the subject lands conforms with the relevant policies of the Official Plan. (d) Intent and Purpose of the Zoning By-law: The intent of setbacks from streetlines is to minimize the physical impact of structures along the roadway. Additionally, streetline setbacks ensure that sightlines and a consistent streetscape are maintained. (e) Desirable Development/Use: It is the opinion of this Office that the relief requested by the applicant to permit the garden shed on the subject lands can be considered minor and desirable for the subject lands. The existing accessory structure has been constructed within the fenced yard and is therefore not anticipated to have a negative impact on the neighbouring properties or interfere with sightlines. In light of the forgoing, it is the opinion of this Office that the requested relief maintains the general intent of the Official Plan and Zoning By-law, is minor in nature and can be given favorable consideration. RECOMMENDATION: That the City of Woodstock Committee of Adjustment approve Application File MV 13-15, submitted by Michael and Angelina Breadner for lands described as Lot 64, Plan 41M-238 in the City of Woodstock as it relates to: 1. Relief from Section , Accessory Uses Permitted, Table 1 Regulations for Accessory Buildings, Uses and Structures Residential Uses Setback from Streetline; to reduce the minimum setback from streetline from 6 m (19.7 ft) to 0.55 m (1.8 ft) to permit a 8.64 m 2 (93 ft 2 ) accessory structure.

7 File Number: MV Report Number Page 3 The proposed relief meets the four tests of a minor variance as set out in Section 45(1) of the Planning Act as follows: The proposed relief is a minor variance from the provisions of the City s Zoning By-law in that the reduced setback from streetline proposed for the accessory structure will not have a negative impact on the neighbouring properties or interfere with sightlines; The proposed relief is desirable for the use of the land as the said relief will allow for development that is permitted by the Zoning By-law, the use is compatible with surrounding uses and is complimentary to the existing development in the area; The proposed relief maintains the general intent and purpose of the City s Zoning By-law as the development is in keeping with the permitted uses in the R1 zone; and The relief maintains the intent and purpose of the Official Plan as accessory structures are complimentary to the low density residential development contemplated within the Low Density Residential Designation. Authored by: original signed by Andrea Hächler, Development Planner Approved by: original signed by Gordon K. Hough, MCIP, RPP, Director

8 Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Notes Meters NAD_1983_UTM_Zone_17N This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey October 5, 2015

9 Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Notes Meters NAD_1983_UTM_Zone_17N This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey October 5, 2015

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11 Subject property and accessory structure Site Photos MV 13-15