APPLICATION FOR MINOR VARIANCE APPLICANT:

Transcription

1 COMMUNITY AND STRATEGIC PLANNING P. O. Box 397, 415 Hunter Street Woodstock Ontario N4S 7Y3 Phone: Fax: Web Site: Our File: A-11/07 APPLICATION FOR MINOR VARIANCE TO: Township of Norwich Committee of Adjustment MEETING: November 13, 2007 REPORT NO: OWNER: Activa Holdings Inc. 713 Bridge St. West Waterloo, ON N2V 2H1 APPLICANT: Ironwood Homes Inc. 18 Charleston Place Kitchener, On N2A 4G1 VARIANCE REQUESTED: PURPOSE OF APPLICATION: Relief from the provisions of Section 11.2 RESIDENTIAL TYPE 1 (R1), TABLE ZONE PROVISIONS, to allow a maximum lot coverage of 38% in place of the permitted maximum 30% for all buildings and structures on a single detached residential lot zoned R1. To obtain relief of the above-noted section of the Zoning Bylaw to permit the construction of a one-storey single detached dwelling having an area of sq.m. (2,172.9 sq.ft.), with an attached 2-car garage, on a vacant building lot in the Norwich Heights (Phase 1) subdivision. LOCATION: The subject lot is described as Lot 20, Registered Plan 41M- 219, in the Village of Norwich, Township of Norwich. The subject site is located on the south side of Irving Drive, west of Cayley Street - municipally known as 66 Irving Drive. OFFICIAL PLAN: ZONING BY-LAW: Schedule "N-1" Township of Norwich Land Use Plan Schedule N-2 Village of Norwich Land Use Plan Residential Type 1 (R1) Zone Settlement Low Density Residential

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3 File No. A-11/07 Page 2 Report No PLANNING REVIEW: Phase 1 (23 single detached lots) of the Norwich Heights subdivision was registered in February, As of October 2007, 6 building permits for single detached homes have been issued by the Township. Plate 1 Location and Existing Zoning shows the location of the subject lands and the existing zoning in the area. Plate Aerial Orthophotography shows the extent of development in this area of the Village of Norwich, including the locations of the recently issued building permits. A recent site visit by staff determined 4 homes are under construction, one is complete but unoccupied and one home is occupied. Plate 3 Applicant s Site Sketch shows the location and dimensions of the proposed single detached dwelling as well as the proposed yard setbacks. It should be noted that this drawing shows the building orientation opposite to the building shown in the drawings submitted by the applicant for the building permit. Intent and Purpose of Official Plan: The Official Plan (Section ) requires the Committee of Adjustment to consider the following issues for applications involving minor variances to zoning regulations: the objectives and policies of the Official Plan can be met if the minor variance is granted; the request for variance constitutes a minor departure from the performance standards of the zoning by-law; the general intent of the zoning by-law can be met; and whether the variance is desirable for the appropriate development of land. In determining whether the variance is desirable, the Official Plan states that the Committee shall consider: whether there are constraints and/or restrictions due to physical or inherent conditions of the site; whether alternative designs of the proposal are clearly not feasible or appropriate; the concerns of adjacent owners and residents, and community in general; whether approval would create an undesired precedent; whether compliance with the By-law would be unreasonable or impossible and impose undue hardship on the applicant. Generally, the intent and objectives of the Official Plan can be

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6 File No. A-11/07 Page 3 Report No maintained with the development of a single detached dwelling on a vacant residential lot in a developing subdivision. Intent and Purpose of Zoning By-Law: The purpose of regulating the lot coverage to a maximum of 30% for a residential lot is to ensure that adequate off-street parking and appropriate private amenity areas can be established on the lot for the residential use. Additionally, regulating the lot coverage ensures that the lot can adequately convey surface water to the designated storm sewer outlets in the subdivision. Under the current 30% lot coverage regulation, the sq.m. (5,897.9 sq. ft.) vacant lot could accommodate a building footprint of sq. m. (1,769.3 sq.ft.). The applicant intends to build a larger home, without impacting on the required minimum yard setbacks or the required 30% minimum landscaped open space, as shown on Plate 3. It is noted that the sq. m. (2,172.9 sq. ft.) single detached dwelling (and 2-car attached garage) will cover 36.8% of the lot area. In preliminary discussions with planning staff, the applicant was advised to request sufficient lot coverage in order to allow the future home owner to establish a small garden shed, without the need to secure an additional minor variance shortly after moving into the new home. With a lot area of sq.m. (5,897.9 sq. ft.), the request for 38% lot coverage would allow a small shed that covered 1.2% of the lot area, resulting in a detached structure or not more than 6.5 sq. m. (70.7 sq. ft.). A shed any larger than this size would require a further minor variance being granted prior to issuance of a building permit by the Township. From a planning perspective, it would be appropriate to consider a lot coverage of 39%, which would allow for an accessory structure with a ground floor area of not more than 11.8 sq.m. (127 sq.ft.), which is more typical of the type of structure commonly used as a garden shed on a residential lot. This approach would accommodate the future owner s needs, without requiring any further variance for a standard size garden shed. Allowing for up to 39% lot coverage should accommodate the needs of the future home owner, without negatively impacting on the minimum 30% landscaped open space requirement of the R1 zone. Therefore, the intent and purpose of the Zoning regulations can

7 File No. A-11/07 Page 4 Report No be maintained. Desirable Development/Use: The requested minor variance is considered desirable for the development of a new single detached dwelling in this new subdivision. It is noted that the subject site is one of the larger lots in this phase of the Norwich Heights subdivision. If the builder intends to market this style of 1-storey home on the smaller lots, he has been made aware that site specific minor variances will likely be required for those situations prior to issuance of any building permits by the Township. As noted above, increasing the lot coverage to 39% should be considered, since the home owner would be able to erect an accessory structure with a floor area of not more than 11.8 sq.m. (127 sq.ft.), without requiring any further variances to the lot coverage provisions of the Zoning By-law. The Township Chief Building has indicated this approach to increase the variance to 39% lot coverage is considered appropriate, as it would avoid enforcement issues at a future date, and it would accommodate the future home owner s needs should they decide to erect a garden shed on the lot. Summary: It is the opinion of this office that the variance to increase the maximum lot coverage from 30% to 39%, to allow construction of a one-storey single detached dwelling with a 2-car attached garage, could be given favourable consideration. RECOMMENDATION: Whereas the variance for increased lot coverage: (i) is a minor variance from the provisions of the Township of Norwich Zoning By-law No Z; (ii) is desirable for the appropriate development or use of the land, building or structure; (iii) is in keeping with the general intent and purpose of the Township of Norwich Zoning By-law No Z; and (iv) is in keeping with the general intent and purpose of the Official Plan of the County of Oxford, this office is of the opinion that this application is acceptable from a planning point of

8 File No. A-11/07 Page 5 Report No view and should be granted, subject to the following condition: 1. The applicant amend the application, in writing, to request the Lot Coverage be increased to a maximum of 39% of the lot area in order to accommodate an accessory structure with a ground floor area of not more than 11.8 sq. m. (127 sq.ft.). Authored By: Stephen Couture Stephen Couture, B.E.S. Planner Approved By: Margaret Misek-Evans Margaret Misek-Evans, MCIP, RPP Corporate Manager October 30, 2007 SC/ File: N-11-06_Ironwood Homes