Committee of Adjustment Agenda. Meeting Date: Monday January 9, 2017 Woodstock City Hall, Council Chambers Regular Session: 7:00 PM

Transcription

1 Committee of Adjustment Agenda Meeting Date: Monday January 9, 2017 Place: Woodstock City Hall, Council Chambers Regular Session: 7:00 PM Chair: Tom Rock 1. Declaration of Conflict Of Interest 2. Approval of Minutes December 12, 2016 meeting minutes 3. Business Arising From Minutes 4. Correspondence 5. Applications for Minor Variance MV Nellis St. owner Rick Correia, agent Jennifer Gaudet Variance Requested Relief from Section 14.2, Table 14.2 Lot Coverage; to increase the maximum lot coverage for a non-residential building from 40% to 42%; Relief from Section 14.2, Table 14.2 Rear Yard Depth; to reduce the minimum rear yard depth from 7.5 m (24.6 ft) to 3.5 m (11.4 ft); Relief from Section 14.2, Table 14.2 Interior Side Yard Width; to reduce the minimum interior side yard width from 3 m (9.8 ft) to 1.2 m (3.9 ft) to facilitate the construction of a m 2 (1,500 ft 2 ) addition to the existing building. Recommendation: That the City of Woodstock Committee of Adjustment defer Application File MV 01-17, submitted by Jennifer Gaudet for lands described as Lots 37 & 38, Plan 337, 898 & 900 Nellis Street in the City of Woodstock as it relates to: 1. Relief from Section 14.2, Table 14.2 Lot Coverage; to increase the maximum lot coverage for a non-residential building from 40% to 42%; 2. Relief from Section 14.2, Table 14.2 Rear Yard Depth; to reduce the minimum rear yard depth from 7.5 m (24.6 ft) to 3.5 m (11.4 ft); 3. Relief from Section 14.2, Table 14.2 Interior Side Yard Width; to reduce the minimum interior side yard width from 3 m (9.8 ft) to 1.2 m (3.9 ft) to facilitate the construction of a m 2 (1,500 ft 2 ) addition to the existing building. 6. General Business 7. Adjournment

2 Committee of Adjustment December 12, 2016 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: Vice Chair- Tom Rock, Fred Curry, Peter Rigby, J. DaPonte Also present: Mr. Ron Versteegen, City Planner Mr. Craig Wallace, Chief Building Official Mr. Chris Gauthier, Acting Secretary Treasurer DECLARATION OF CONFLICT OF INTEREST MINUTES Moved by J. DaPonte Seconded by F. Curry That the minutes of the meeting of November 14, 2016, be adopted as printed. Carried APPLICATIONS FOR MINOR VARIANCE a) MV Springbank Ave Jack Onafrychuck Relief from Section 6.2 Zone Provisions, Table 6.2 Lot Coverage; to increase the maximum lot coverage for all main buildings and accessory buildings from 40% to 42% of the lot area to recognize an existing 7.4 m2 (79.7 ft2) accessory shed that is located in the rear yard of the subject property. Location: The subject lands are described as Lot 35, Plan M110 in the City of Woodstock. The lands are located on the south side of Springbank Avenue, between Indian Road and Algonquin Road and are municipally known as 728 Springbank Avenue. Presentation and Discussion Mr. R. Versteegen stated that the applicant proposes to obtain relief from Section 6.2 of the City s Zoning By-law to increase the maximum lot coverage for all main buildings and accessory buildings from 40% to 42%. The applicant has indicated that the proposed relief is required to recognize an existing 7.4 m2 (79.7 ft2) accessory shed in the rear yard of the subject property. For Committee s information, the applicant placed the noted accessory shed on the lands with the understanding that the shed did not require a building permit as it was less than 9.3 m2 (100 ft2) in area. However, the applicant was not aware that while the accessory structure did not require a building permit, the said building must comply with the provisions of the City s Zoning By-law, including the lot coverage provisions for all main and accessory buildings and structures.

3 Committee of Adjustment December 12, 2016 Page 2 of 3 It is the opinion of this office that the applicant s request to increase the maximum lot coverage for all buildings and structures from 40% to 42% of the lot area to recognize an existing 7.4 m2 (79.7 ft2) accessory shed in the rear yard of the subject property is minor in nature and desirable for the development of the lands. The existing shed is not anticipated to have any impact with respect to drainage or amenity space and as the property is fenced, it would not appear that the building will have any significant impact on neighbouring properties or the general character of the broader neighbourhood. In light of the foregoing, it is the opinion of this Office that the applicant s proposal is in keeping with the intent and purpose of the Official Plan and the City s Zoning By-law and can be given favourable consideration. Recommendation Moved by P. Rigby Seconded by: J. DaPonte That the City of Woodstock Committee of Adjustment approve Application File MV-17-16, submitted by Jack Onafrychuk for lands described as Lot 35, Plan M-110 in the City of Woodstock as it relates to: 1. Relief from Section 6.2 Zone Provisions, Table 6.2 Lot Coverage; to increase the maximum lot coverage for all main buildings and accessory buildings from 40% to 42% of the lot area to recognize a 7.4 m2 (79.7 ft2) accessory shed located in the rear yard; And further that the committee did not receive any comments from the public respecting this application. The recommended relief meets the four tests of a minor variance as set out in Section 45(1) of the Planning Act as follows: a) The proposed relief is a minor variance from the provisions of the City of Woodstock Zoning Bylaw in that the resulting coverage will maintain sufficient amenity space for the residential use of the lands and there would appear to be no impact on drainage or grading in the immediate area. b) The proposed relief is desirable for the appropriate development and use of the land as the said relief will facilitate development of similar scale and proportions to that found in the immediate neighbourhood; c) The relief maintains the intent and purpose of the Official Plan as an accessory shed is a permitted accessory building for low density residential development contemplated by the Official Plan. d) The proposed relief is minor in nature as the increased coverage still provides sufficient amenity space for the residential use of the lands and there would appear to be no impact on drainage or grading in the immediate area. Carried GENERAL BUSINESS None

4 Committee of Adjustment December 12, 2016 Page 3 of 3 ADJOURNMENT Moved by J. DaPonte Seconded by F. Curry That the meeting adjourn at 7:08 p.m. Carried Tom Rock Vice-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: January 9, 2017 REPORT NUMBER: OWNER: AGENT: Rick Correia 900 Nellis Street, Woodstock ON N4S 4C5 Jennifer Gaudet 1401 Dundas Street, Woodstock ON N4S 8X8 VARIANCE REQUESTED: Relief from Section 14.2, Table 14.2 Lot Coverage; to increase the maximum lot coverage for a non-residential building from 40% to 42%; Relief from Section 14.2, Table 14.2 Rear Yard Depth; to reduce the minimum rear yard depth from 7.5 m (24.6 ft) to 3.5 m (11.4 ft); Relief from Section 14.2, Table 14.2 Interior Side Yard Width; to reduce the minimum interior side yard width from 3 m (9.8 ft) to 1.2 m (3.9 ft) to facilitate the construction of a m 2 (1,500 ft 2 ) addition to the existing building. LOCATION: The subject lands are described as Lots 37 & 38, Plan 337, in the City of Woodstock. The lands are located on the south side of Nellis Street, between McKenzie Avenue and Clarke Street South. The lands are municipally known as 898 & 900 Nellis Street. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: CITY OF WOODSTOCK ZONING BY-LAW: Service Commercial Special Highway Commercial Zone (C4-39)

6 File Number: MV Report Number Page 2 SURROUNDING USES: surrounding uses are predominantly highway commercial type uses with Dundas Street to the immediate south, residential uses to the west and the Woodstock Fairgrounds directly north COMMENTS: (a) Purpose of the Application: The applicant proposes to obtain relief from the City of Woodstock Zoning By-Law to increase the maximum lot coverage, reduce the minimum rear yard depth and reduce the minimum interior side yard width to facilitate the construction of a m 2 (1,500 ft 2 ) addition to the existing building. The applicant has indicated that the addition will be used to accommodate additional machinery for the existing silk screening business. The subject property comprises a total area of 1,172 m 2 (12,615 ft 2 ), and contains a m 2 (3,550 ft 2 ) commercial building that consists of a small retail store and the remainder of the building is used for the preparation and storage of silk screening materials. The subject lands consist of three parts that are all under single ownership. The requested relief for the interior side yard width is required because the existing building encroaches on the interior side yard and the owner would like to construct the addition consistent with the exterior wall. Relief for lot coverage and the rear yard depth are being requested due to the design of the addition and the limited lot size. 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 (2015), shows the location of the subject lands and surrounding properties. Plate 3, Applicant s Sketch, illustrates the location of the existing building and the proposed addition on the subject lands. (b) Agency Comments The application was circulated to a number of public agencies. The City of Woodstock Engineering Department (Building Division) indicated that they have reviewed the application and are supportive of the requested relief to accommodate the proposed addition. However, it was further noted that the Building department requires that the applicant provide a breakdown of the building floor areas to confirm that the remaining parking spaces meet the relevant parking requirements contained in the Zoning By-law. The subject commercial use is also required to provide a loading space and the applicant should confirm that the minimum 10% landscaped open space is also provided. (c) Intent and Purpose of the Official Plan: The subject lands are designated Service Commercial according to the City of Woodstock Residential Density Plan, as contained in the County Official Plan. Generally, Service Commercial uses cater to vehicular traffic and single purpose shopping trips where customers

7 File Number: MV Report Number Page 3 are typically generated from passing traffic or a wide ranging market area. Service Commercial Areas will have direct access to an arterial or collector road. Service Commercial Areas, while providing for a limited amount of retail use, are not intended to accommodate retail activities that are typically characteristic of a Central Area and will not directly compete with these areas. The Service Commercial designation applies to those areas largely developed for commercial uses which primarily cater to the commercial needs of the traveling public. Types of service commercial uses that generate significant amounts of traffic and draw patrons from a wide area may also be located within these areas. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned Special Highway Commercial Zone (C4-39) in the City s Zoning By-law. The site specific zoning allows for all uses permitted in the C4 zone in addition to a silk screening and embroidering establishment. The lot coverage and yard setback provisions contained in the City s Zoning By-law are generally intended to limit the extent of buildings and structures on a lot to ensure sufficient area is maintained for parking, drainage, access and maintenance and to act as a buffer between buildings. (e) Desirable Development/Use: The applicant is requesting relief to increase the maximum lot coverage from 40% to 42%, reduce the minimum rear yard depth from 7.5 m (24.6 ft) to 3.5 m (11.4 ft) and to reduce the interior side yard width 3 m (9.8 ft) to 1.2 m (3.9 ft) to facilitate the construction of a m 2 (1,500 ft 2 ) addition to the existing building. It is the opinion of staff that the requested relief can be considered minor in nature and desirable for the development of the lands. Staff are also satisfied that the requested relief is not anticipated to have a negative effect on neighbouring properties, access, maintenance or drainage. As previously indicated, the Building department is also supportive of the requested relief however Building staff have requested that the applicant provide additional information to support the proposed addition. Building staff have indicated that the applicant must provide a floor layout of the existing building and proposed addition, identifying the different uses and the floor area to determine the required number of parking spaces. The applicant is also required to provide a loading space and provide the calculation for the landscaped open space, which must both be identified on the proposed site layout. Due to the limitations of the site and the proposed size of the addition, staff have concerns that additional relief may be required and therefore recommend a deferral of the application until the applicant is able to provide the required information. If additional relief is required, the applicant will have the opportunity to amend their application for staff review. At such time, a report will be prepared for the Committee with a staff recommendation.

8 File Number: MV Report Number Page 4 RECOMMENDATION: That the City of Woodstock Committee of Adjustment defer Application File MV 01-17, submitted by Jennifer Gaudet for lands described as Lots 37 & 38, Plan 337, 898 & 900 Nellis Street in the City of Woodstock as it relates to: 1. Relief from Section 14.2, Table 14.2 Lot Coverage; to increase the maximum lot coverage for a non-residential building from 40% to 42%; 2. Relief from Section 14.2, Table 14.2 Rear Yard Depth; to reduce the minimum rear yard depth from 7.5 m (24.6 ft) to 3.5 m (11.4 ft); 3. Relief from Section 14.2, Table 14.2 Interior Side Yard Width; to reduce the minimum interior side yard width from 3 m (9.8 ft) to 1.2 m (3.9 ft) to facilitate the construction of a m 2 (1,500 ft 2 ) addition to the existing building.. Authored by: Original signed by Andrea Hächler, Development Planner Approved by: Original signed by Gordon K. Hough, RPP, Director

9 Legend 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 December 20, 2016

10 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 January 5, 2017

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