RECOMMENDATION REPORT: Proposed Exemption to Interim Control. By-law for 53 Curtis Drive and 24 Huttonville Drive

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1 bromptonca BRAMPTONKz"' FlOWOr Qty J22 The Corporation of the City of Brampton Date: June 21, 2013 File: P80 ICB BRAMPTON CITY COUNCIL hatp- August ~7.?o\2> Subject: Contact: RECOMMENDATION REPORT: Proposed Exemption to Interim Control By-law for 53 Curtis Drive and 24 Huttonville Drive David Waters, Manager, Land Use Policy, Heritage & Central Area Planning (905) Overview: Interim Control By-law (ICBL) took effect on March 1, 2013 to control the approval of incompatible additions to residential dwellings and replacement dwellings within the City's mature neighbourhoods. For properties subject to the Interim Control By-law, additions to residential dwellings that propose an increase in gross floor area beyond 15% of the existing floor area require an exemption from the ICBL before the City can issue a building permit. ICBL exemption requests have been submitted to the City for building additions at 53 Curtis Drive and 24 Huttonville Drive. The size of each addition exceeds the existing gross floor area of each respective dwelling by more than 15%. After an assessment of the proposals on the basis of Council-endorsed evaluation criteria, staff is recommending that Council approve the exemption by-laws for each property. Recommendations: 1. THAT the report from David Waters, Manager, Land Use Policy, Heritage & Central Area Planning, Planning, Design and Development, dated June 21, 2013, to the Council Meeting of August 7, 2013, re "RECOMMENDATION REPORT: Proposed Exemption to Interim Control By-law for 53 Curtis Drive and 24 Huttonville Drive" be received; 2. THAT a by-law be passed to exempt 53 Curtis Drive from Interim Control By-law , attached hereto as Appendix D; and,

2 IM-1 THAT a by-law be passed to exempt 24 Huttonville Drive from Interim Control By-law , attached hereto as Appendix E. Background: On February 13,2013, City Council enacted Interim Control By-law (ICBL) to control additions to existing residential dwellings or replacement dwellings within the City's mature neighbourhoods starting March 1,2013. The ICBL applies to all proposed additions to residential dwellings or replacement dwellings that would exceed 15 percent of the existing floor area of the dwelling. The ICBL seeks to protect the City's mature neighbourhoods from incompatible building additions or replacement dwellings otherwise permitted by existing zoning regulations. The provisions of the City's Zoning By-law for many of the older neighbourhoods throughout Brampton are based on historical zoning regulations that generally permit lot coverages, setbacks and building heights that exceed those of the existing dwellings within these mature communities. A comprehensive policy review is now underway to examine the impact of infill development on mature neighbourhoods within Brampton. The study is reviewing the City's current zoning regulations and Official Plan policies with respect to infill development, and will recommend policies and regulations designed to protect the City's mature neighbourhoods from incompatible building additions or replacement dwellings. Current Situation Until the policy review is completed and new policies and zoning regulations are enacted accordingly, an exemption from the ICBL is required for property owners who are seeking an increase in gross floor area beyond 15 percent of the dwelling's existing floor area. Approval of the exemption by City Council is required before the City can accept a building permit application. All exemption requests are reviewed and assessed by City staff before a recommendation is presented to Council. At its March 27, 2013 meeting, Council endorsed the following criteria for assessing exemption requests (Council Resolution C ): Whether the addition to the existing dwelling or replacement dwelling is respectful of the physical character of the existing neighbourhood with regard to massing, built form, and siting matters;

3 TM-J Whether the development proposal generally support the principles of Chapter 7 of the City's Development Design Guidelines (Architectural Control Guidelines) with respect to streetscape design and architectural design standards; and, Whether satisfactory drainage and property maintenance can be adequately provided. Streetscape design considerations relate to the relationship between the street and building, and to massing and building height compatibility with adjacent buildings. Architectural design considerations pertain to fagade improvements, building projections, and the proposed design of main entrances, roof lines, and porches. By applying the foregoing evaluation criteria to exemption requests, staff will determine whether the proposal is compatible with the built-form and physical character of the host community, and whether the height and massing of the proposed addition or new construction are appropriate. Exemption Request 53 Curtis Drive An ICBL exemption request has been submitted by the owner of 53 Curtis Drive. The current home is a two storey single-detached dwelling that is approximately 174 square metres (1,870 square feet). The proposal is to expand the second floor to accommodate a side-split addition of 67 square metres (700 square feet). The property is within the Brampton South Secondary Plan and is zoned R1B. The lot area of the subject property is 500 square metres and backs onto parkland. The home is located within an established neighbourhood comprised of one and two-storey single detached dwellings. With the addition, the dwelling would total 278 square metres (3,000 square feet). A variance was previously approved by the Committee of Adjustment for the property to allow for a reduced side yard setback to permit the addition. As the proposed addition exceeds 15% of the existing dwelling's gross floor area, an exemption from the ICBL is required before a building permit can be issued by the City. The addition will extend the second level to allow for a new master bedroom, and has been designed to be respectful of the host neighbourhood's character. Urban Design reviewed the exemption request and advise that it complies with the City's Architectural Control Guidelines. Additionally, no massing or drainage issues have been identified through staff's assessment of the proposal.

4 IS-1-4 In light of the foregoing, the proposal satisfies the Council-endorsed exemption criteria. Therefore, staff recommends that the exemption request for 53 Curtis Drive be approved by Council. 24 Huttonville Drive The owner of 24 Huttonville Drive has submitted an ICBL exemption request to permit a side and rear addition to the existing home. The property is located within the Huttonville Secondary Plan and is zoned RE The lot area of the subject property is approximately 4,100 square metres and the existing two storey dwelling is 400 square metres (4,300 square feet) in size. This area of Huttonville is comprised of large single-detached homes on private servicing, varying in height and character. The proposed side addition is for two additional bedrooms and a living area, while the rear addition is to permit an extension to the current kitchen, collectively resulting in an increase in floor area of 112 square metres (1,200 square feet). The ICBL exemption request received by the City complies with the zoning by-law for the property. However, because the proposal exceeds 15% of the existing dwelling's gross floor area, an exemption from the ICBL is required before a building permit can be issued by the City. Urban Design reviewed the submission and are generally satisfied with the proposed additions. With regard to massing and built-form considerations, staff considers the addition to be compatible with the other dwellings in this area of Huttonville. The subject site is currently serviced by a septic system, however, no drainage or servicing concerns have been identified through staff's evaluation of the exemption request. Based on the above assessment, staff advises that the proposal satisfies the Councilendorsed exemption criteria, and therefore, recommends that the exemption request for 24 Huttonville Drive be approved by Council. Conclusion: After assessing the exemption requests against the evaluation criteria, staff recommends that Council enact an exemption by-law for 53 Curtis Drive and 24 Huttonville Drive. The exemption by-laws are attached hereto as Appendix D and E, respectively.

5 TS-2-S Respectfully submitted, \ Henrikgfcogar, MCIP, RPP Acting Director Planning Policy & Growth Management Dan Kraszewski, MCIP, RPP Acting Commissioner Planning, Design & Development Attachments: Appendix A - Air Photos Appendix B - Correspondence from Midtown Technical Services Appendix C - Correspondence from M. Kim Appendix D - Exemption By-law - 53 Curtis Drive Appendix E - Exemption By-law - 24 Huttonville Drive Report authored by: Daniella Balasal, Policy Planner

6 ls-2-t Appendix A

7 biompiwto Flower City PLANNING, DESIGN & DEVELOPMENT Drawn By: CJK Date: CITY FILE: P80-ICB

8 SUBJECT LANDS Air Photo Date: Spring 2012 SI BRAMPTON m( bramplonxa FIOIM GfV PLANNING, DESIGN & DEVELOPMENT LOCATION - 24 HUTTONVILLE DRIVE Drawn By: CJK Date: CITY FILE: P80-ICB

9 IM-^ Appendix B

10 I?-Z-io yiwwwm 53 Curtis Drive Brampton, Ont. L6Y 2J6 May 6,2013»V.Nr#;Ci. fccotek h 0SVEIOPMENT ^ MAY Rec'd File No. Planning, Design & Development Department City ofbrampton 2 Wellington Street West Brampton, Ont. To whom it may concern: RE: 53 Curtis Drive - LOT 79 - Plan M-212 Please accept this letter as our written request to seek an exemption/relief from Interim Control By-Law (ICBL). We have been caught by the ICBL which states our proposed addition cannot increase the gross floor area ofthe existing dwelling beyond 15% of the existing floor area. The Committee ofadjustment gave its approval on March 6, 2012 for our request for a minor variance to allow an interior side yard setback of 1.28 m (4.20 ft.) to our proposed second story addition. Our proposed addition is sq.m., which calculates as 28.93% ofthe existing gross area ofour home. Our preliminary plans have now been completed. We would appreciate an expeditious reply to our request for an exemption so that we can move forward with this project. Thank you for your time and consideration ofour request. We look forward to a positive decision regarding this. Sincerely, 'fk&jw foj&yjbs^ Mario Balzan andxynn Berry 53 Curtis Drive Brampton, Ont. L6Y 2J6

11 EXISTING ' EiUILDtNG, NEW ASPHALT SU1NGLES (TYPICAL) T/O WALL PLATE PREFIN1SUCD ALUMINUM VENTED SOFFIT, FASiCA EAVESTROUGH AND DOWNSPOUTS AS RECTD mi - OUTLINE OF EXISTING ROOF ' " ~-2 :-- ^T^r^M/H T/O PROPOSED UPPER FLOOR', new stojc ' T/O WALL PLATE O WINDOW T«iM TrTZT Zl*rt.t Pi '' C"I!JCZ T/O UPPER FLOOR NEW FRiEIE BOARD (TTP> - NEW ALUMINUM RAILING STS-TEM NEW EXTERIOR LtGUTS - - NEW 10" SQUARE AT EACH SIDE OT DECORATIVE GARAGE DOORS (7 RCCD; CLAD POSTS T/O LOWER FLOOR GRADE NEW GARAGE DCORS M^stiss T/O T/O MAIN FLOOR LOWER FLOOR ggggrpethe GRADE, T/O BASEMENT FLOOR T/O EASEMENT FLOOR HEST ELEVATION SCALE. 3/16'-!'-<?' Hoion ttoncml M»v»<m M (c rvrwvwi «mli r^ ( ' -^4> Wit "*JJt to ti-»«n*«perair coatojcticm J»1L. ICT^tMXTl^J ' - i - 1Q t>«cxramc u>enuikk f«act< is. VT"irr».i»»»-.'r prwwvm, prmtl *"0 wn_i»ioti»rt iur!in-xim '-Mil. «i>"x' <«^K^U'-vtCiS. fc- B^JWrTVIUKA i» N*" ***** (ajiri^. * P*Vf *W to "fm mdtiwi Tir>**.\*. ;,«xv<f3 rwc* to CJX- tn-.nft **y 9 «5» * U*w >*? Go * " p-*t-r«7 C«*i- <w«r>n, illotowh Tc?-na»l s*rvc» t-k««mrvzr:rr.-*l ir. BALZAN RE6C6NCE 53 CURTIS OWE BRAMPTON. ONTARIO WEST ELEVATION - STONE PROPOSED ADOTTKW A-5

12 is-a-\i Appendix C

13 Balasal, Daniella From: Sent: To: Subject: XZ-2-l% miyeon kim 2013/04/23 8:59 PM Balasal, Daniella to obtain an exemption for 24 Huttonville Dr. I'm writing to obtain an exemption from the interim Control By-law(ICBL) For adress: 24 Hutonville Drive, Brampton, L6X 0C3 The size of existing dewelling is 421.2(m2) The Lot demensions are 140 x 348 feet The proposed addition is 113(m2) My Contact information: Thank You Mia Kim

14 T9-&-IU.

15 It-2-15 Appendix D

16 X?-2-/<* -tssk. THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW Number To amend Interim Control By-Law , An Interim Control By-Law applicable to Part of the Area Subject to By-Law , as amended, and known municipally as 53 Curtis Drive. The Council of the Corporation of the City of Brampton ENACTS as follows: 1. By-Law as amended, is hereby amended as follows: 1.1 Section 1 is amended by adding after the words "Except as provided for in Section 1.1, Section 1.2. Section 1.3. Section 1.4, Section 1.5, Section 1.6, Section 1.7, and Section 1.8", the following: "Section 1.9" 1.2 The following is added as Section 1.9: " 1.9 On lands described as Concession I WHS. Part of Lot 3and referenced as the "Lands Subject to Specific Exemption From Interim Control By-Law , as amended by By- Law " and as shown on Schedule A to this by-law as 53 Curtis Drive, there shall be permitted an addition to the principal dwelling resulting in a total gross floor area of the principal dwelling not exceeding 283 square metres." By-Law is hereby further amended by adding thereto, as Schedule H, Schedule A to this by-law. READ a FIRST, SECOND AND THIRD TIME, and PASSED, in OPEN COUNCIL, this day of SUSAN FENNELL- MAYOR PETER FAY - CITY CLERK 5gar, MCIP, RPP Acting" )ircclor, Planning Policy & Growth Management APPROVED AS TO FORM LAW OEPT BRAMPTOH ja HEP

17 Y////A, LANDS SUBJECT TO SITE SPECIFIC EXEMPTION FROM INTERIM CONTROL BY-LAW AS AMENDED BY BY-LAW LOT 3, CONCESSION 1 W.H.S. Schedule H Ml BRAMPTON > PLANNING.OESIGN S DEVELOPMENT Data: SCHEDULE TOBY-LAW Fto:P80!CB LOCATION.MAPS Drawn By CJK

18 3S-1-tf Appendix E 10

19 IS-2-11 THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW Number To amend Interim Control By-Law , An Interim Control By-Law applicable to Part of the Area Subject to By-Law , as amended, and known municipally as 24 Huttonville Drive. The Council of the Corporation of the City of Brampton ENACTS as follows: 1. By-Law , as amended, is hereby amended as follows: 1.1 Section 1 is amended by adding after the words "Except as provided for in Section 1.1, Section 1.2, Section 1.3, Section 1.4, Section 1.5, Section 1.6, Section 1.7, Section 1.8. and Section 1.9". the following: "Section 1.10" 1.2 The following is added as Section 1.10 "1.10 On lands described as Concession 5 WHS, Part of Lot 6 and referenced as the "Lands Subject to Specific Exemption From Interim Control By-Law , as amended by By-Law " and as shown on Schedule A to this by-law as 24 Huttonville Drive, there shall be permitted an addition to the principal dwelling resulting in a total gross floor area of the principal dwelling not exceeding 517 square metres." By-Law is hereby further amended by adding thereto. Schedule I, Schedule A to this by-law. READ a FIRST, SECOND AND THIRD TIME, and PASSED, in OPEN COUNCIL, this day of SUSAN FENNELL- MAYOR PETER FAY - CITY CLERK APPROVED i to Content AS TO FOW! LAW DEf! ; BRAMPTON ' 15Z * '?M»31 HcnVik Z^gfcJvIClP. RPP Acting-Director, Planning Policy & Growth Management

20 Y////A LANDS SUBJECT TO SITE SPECIFIC EXEMPTION FROM INTERIM CONTROL BY-LAW AS AMENDED BY BY-LAW LOT 6, CONCESSION 5 W.H.S. Schedule I SCHEDULE TOBY-LAW m BRAMPTON ** Flower"" PLANNING. DESIGN S DEVELOPMENT Dale: Fae P8QICB LOCATION MAPS *' - Drawn By CJK