Page COMMITTEE OF ADJUSTMENT Council Chambers, Townhall Monday, June 26, 2017, 7:00 PM 1. CALL TO ORDER 2. DECLARATION OF PECUNIARY INTEREST 3. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING 2-5 i) Confirmation of Minutes from the Previous Meeting - Minutes dated May 29, 2017 THAT the Committee of Adjustment adopt the minutes from the meeting dated May 29, 2017 as distributed. 4. BUSINESS ARISING FROM THE MINUTES 6-16 i) A8/2017-245 Fox Street THAT the Committee of Adjustment of the Town of Penetanguishene approves Minor Variance Application A8/2017 respecting 245 Fox Street to increase maximum permitted Lot Coverage for an Accessory Building to 158 square metres, as amended from 55 square metres to increase the maximum Height of an Accessory Building to 6.4 metres as amended from 4 metres to permit the construction of a new detached garage and allow three (3) sheds to remain on the property 5. COMMUNICATIONS AND CORRESPONDENCE 6. ANNOUNCEMENTS AND INQUIRIES 7. ADJOURNMENT Page 1 of 16
The Corporation of The Town of Penetanguishene COMMITTEE OF ADJUSTMENT MEETING COUNCIL CHAMBERS, TOWNHALL MONDAY MAY 29, 2017 at 7:00 PM Present: R. Spearn M. Cudahy-Stubbins D. Charlebois K. Elsdon-Befort L. Lipton MINUTES S. Filson- Secretary Treasurer A. Betty- Director of Planning and Community Development 1 CALL TO ORDER 2 DECLARATION OF PECUNIARY INTEREST 3 CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING Confirmation of the Minutes from the Previous Meeting -Minutes dated April 24, 2017 Moved by Member Ross Spearn and Seconded by Member Kathy Elsdon-Befort THAT the Committee of Adjustment adopt the minutes from the meeting dated April 24, 2017 as distributed. CARRIED 4 APPLICATIONS Confirmation of Minutes from the Previous Meeting - Minutes... Page 2 of 16
Town of Penetanguishene - Committee of Adjustment A6/2017-203 Fox Street The Committee discussed the following: the changes in the updated drawings brought by Perry Hatzipetrakos, the height of the garage and proposed use of the garage. Moved by Member Kathy Elsdon-Befort and Seconded by Member Ross Spearn THAT the Committee of Adjustment of the Town of Penetanguishene approves Minor Variance application A6/2017 respecting 203 Fox Street to increase the maximum size of an Accessory Building required by Subsection 3.3.3.5 a) of Zoning Bylaw 2000-02, as amended, from 55 square metres to 118 square metres, subject to the following conditions: 1. That a Building Permit be obtained within one (1) year. 2. The building application shall be accompanied with and engineered lot grading plan showing how the water will be managed on the property. 3. The lot grading plan shall show all buildings and driveways. 4. The lot grading plan shall be to the satisfaction of the Town s engineer prior to permit being issued. CARRIED A7/2017-40 Irving Court The Committee discussed the following: the size and model of the house, the impact of the house on the surrounding properties and character and fit of the neighbourhood, the possibility of the future development on the property including a potential severance and the use of the current proposed house as a secondary house. Moved by Member Ross Spearn and Seconded by Member Don Charlebois THAT the Committee of Adjustment of the Town of Penetanguishene approves Minor Variance application A7/2017 respecting 40 Irving Court to reduce the minimum required ground floor area of a single detached dwelling in the Rural Residential Estate Exception One (RE-1) Zone to 108 square metres as amended from 140 square metres to permit the construction of a two storey single detached dwelling subject to the following conditions: Confirmation of Minutes from the Previous Meeting - Minutes... Page 3 of 16
Town of Penetanguishene - Committee of Adjustment 1. That a Building Permit be obtained within one (1) year. CARRIED A8/2017-245 Fox Street The Committee discussed the following: the uncertainty surrounding the use of the property, the current use of storage on the property, any possible changes to the design of the garage and sheds on the property. Moved by Member Don Charlebois and Seconded by Member Lois Lipton THAT the Committee of Adjustment of the Town of Penetanguishene defer Minor Variance application A8/2017 respecting 245 Fox Street to increase maximum permitted Lot Coverage for an Accessory Building to 158 square metres, as amended from 55 square metres to increase the maximum Height of an Accessory Building to 6.4 metres as amended from 4 metres to permit the construction of a new detached garage and allow three (3) sheds to remain on the property. DEFERRED A9/2017-43 Maria Street The Committee discussed the following: the distance of the new porch from the road, the future possibility to turn the porch into a closed porch and the existence of a hydro wire near the roof of the house. Moved by Member Kathy Elsdon-Befort and Seconded by Member Lois Lipton THAT the Committee of Adjustment of the Town of Penetanguishene approves Minor Variance application A9/2017 respecting 43 Maria Street to reduce the minimum front yard setback required by Subsection 5.2.4.4 to 4.2 metres from a legal non-complying 6.0 metres, to permit the construction of a wraparound porch subject to the following conditions: 1. That a Building Permit be obtained within one (1) year. CARRIED Confirmation of Minutes from the Previous Meeting - Minutes... Page 4 of 16
Town of Penetanguishene - Committee of Adjustment 5 NEW BUSINESS 6 COMMUNICATIONS AND CORRESPONDENCE 7 ANNOUNCEMENTS AND INQUIRIES 8 ADJOURNMENT The Meeting was adjourned at 8:30 pm. Chair Recording Secretary Confirmation of Minutes from the Previous Meeting - Minutes... Page 5 of 16
The Corporation of The Town of Penetanguishene Committee of Adjustment Committee Report COMMITTEE: COMMITTEE CHAIR: SUBJECT: Committee of Adjustment M. Cudahy-Stubbins Minor Variance Application A8/2017 245 Fox Street Staff Report PD-17-39 RECOMMENDATION THAT the Committee of Adjustment of the Town of Penetanguishene approve Minor Variance application A8/2017 respecting 245 Fox Street to increase maximum permitted Lot Coverage for an Accessory Building to 158 square metres, as amended from 55 square metres to increase the maximum Height of an Accessory Building to 6.4 metres as amended from 4 metres to permit the construction of a new detached garage and allow three (3) sheds to remain on the property, subject to the following conditions: 1. That a Building Permit be obtained within one (1) year; 2. The new roof shall drain in such a fashion as to not adversely affect the neighbouring properties. 3. Any rain water leader shall drain to the road and in no case be directed to the neighbouring properties. 4. The west portion of the roof shall have snow guards installed. INTRODUCTION The Town received an application for a minor variance from Martin and Doris Robillard, registered owners of the property at 245 Fox Street on May 5, 2017. The application requests to increase maximum permitted Lot Coverage for an Accessory Building from the 55 square metres to 158 square metres, a variance of 103 square metres and to increase the maximum Height of an Accessory Building from 4 metres to 6.4 metres, a variance of 2.4 metres. The subject property is legally described as Part of Lot 70 on Plan 70, municipally known as 245 Fox Street in the town of Penetanguishene (see Attachment #1)). Although there is a single detached dwelling on the property which is currently being used for a triplex, planning staff discovered that the property is only zoned to permit a duplex. Due to this confusion, it was recommended that the application be deferred for the Committee of Adjustment Meeting on May 29 th, 2017. There are currently discussions to make the property a legal triplex and staff feel that original application could be considered regardless of the current main use matter. Surrounding Land Uses: North: Residential East: Vacant South: Residential West: Residential A8/2017-245 Fox Street Page 6 of 16
The Corporation of The Town of Penetanguishene Committee of Adjustment Committee Report Correspondence Email from the Chief Building Official dated May 25, 2017 with the following comments: The proposed building/structure will require a Building Permit prior to construction. 1) The new roof shall drain in such a fashion as to not adversely affect the neighbouring properties. 2) Any rain water leader shall drain to the road and in no case be directed to the neighbouring properties. 3) The west portion of the roof shall have snow guards installed. Provincial Policy Statement and Provincial Plan Section 3 of the Planning Act states that all planning applications must be consistent with the Provincial Policy Statement (PPS). The PPS contains a number of policies which encourage development to occur in settlement areas in order to minimize land consumption. Section 1.1.3.2 requires that land use patterns be based on densities and a mix of land uses which efficiently use land and resources. Section 14(1) of the Places to Grow Act, 2005 requires that all decisions under the Planning Act shall conform to the Growth Plan for the Greater Golden Horseshoe (GGH) area. Generally, the Growth Plan directs growth to built-up areas and promotes the creation of a more compact, mixed-use and complete communities. County of Simcoe Official Plan The Town of Penetanguishene is designated a Settlement Area in the County s Official Plan (SCOP). The SCOP generally directs development to settlement areas where more compact development on full services is encouraged. Official Plan The property is designated Neighbourhood Residential in the Town of Penetanguishene s Official Plan (OP). The land use policies of the designation are to further the development of healthy, safe, efficient and attractive patterns of land use. The permitted uses of the designation include a full range and density of housing options along with limited home Zoning By-law 2000-02, as amended The property is zoned Residential First Density Special Exception Nine R1S-9. The permitted uses of the R1S zone include a Single Detached Dwelling and Accessory Unit. The following are the regulations of the R1S zone for a Single Detached Dwelling and Accessory Unit: 3.22 ACCESSORY BUILDINGS, USES AND STRUCTURES 3.22.5 The total lot coverage of all accessory buildings and structures on a lot, excluding swimming pools, shall not exceed: a) 55 square metres of gross floor area in and Residential Zone; or b) 100 square metres of gross floor area in the Rural (RU) Zone; or A8/2017-245 Fox Street Page 7 of 16
The Corporation of The Town of Penetanguishene Committee of Adjustment Committee Report c) Thirty-five (35) percent of the gross floor area of the main building in all other zones. 3.22.6 No accessory building or structure shall exceed a height of 4.5 metres in any Residential Zone, except in the case of a private garage constructed as an integral part of a dwelling. 5.5.2 R1S - ZONE REGULATIONS - SINGLE DETACHED DWELLINGS Public Water & Sanitary Sewers 5.5.2.1 Minimum Lot Frontage 19 metres 5.5.2.2 Minimum Lot Area 743 sq/m 5.5.2.3 Maximum Lot Coverage 25% 5.5.2.4 Minimum Yard Requirements a) Minimum Front Yard 7.5 metres b) Minimum Side Yard 1 metre on each side where there is an attached private garage; or 1 metre on one side and 3 metres on the other where there is no attached private garage. c) Minimum Exterior Side Yard 6 metres d) Minimum Rear Yard 9 metres 5.5.2.5 Minimum Ground Floor Area 93 sq. metres 5.5.2.6 Maximum Height 11 metres 5.5.2.7 Maximum Accessory Building Height 4 metres 5.5.5.9 Notwithstanding the Residential Uses Permitted in Subsection 5.5.1, the building located on the lands zoned RESIDENTIAL FIRST DENSITY SPECIAL-EXEMPTION ("R1S-9"), municipally known as 245 Fox Street, shall be permitted to be converted into a duplex dwelling. ANALYSIS The request is to increase the maximum permitted Lot Coverage for an Accessory Building from the 55 square metres to 158 square metres, a variance of 103 square A8/2017-245 Fox Street Page 8 of 16
The Corporation of The Town of Penetanguishene Committee of Adjustment Committee Report metres and to increase the maximum Height of an Accessory Building from 4 metres to 6.4 metres, a variance of 2.4 metres. The effect of the variance would permit the construction of a new detached garage and allow three (3) sheds to remain on the property. The property is currently being used as a triplex and three small sheds on the property with hedge fences along the front and side yard. It is surrounded by mostly residential with the exception of vacant lands to the east. The request to increase the maximum size and height of an accessory building will allow for the construction of a large detached garage to be used to store an R.V. in the winter as well as other storage purposes. The garage will allow the three small sheds to stay on the property. An issue arose when it came to the attention of planning staff that 245 Fox Street is being used as a triplex even though its zoning only allows for a duplex. In 1989, Mr. Robillard submitted plans to replace the foundation of the house on the property which was allowed to be used as a duplex. After completion of the foundation, Mr. Robillard decided to construct a new house rather than move the existing house. It was not until later that the planning staff at the time realized there were two houses existing on the property. At that time, Mr. Robillard entered into an agreement with the town to remove the older dilapidated house. Mr. Robillard then applied for a change of use for the new house to be lawfully used as a Triplex Dwelling in addition to the other residential uses permitted in the R1S zone. Council refused the amendment; although it was recommended for approval by the Planning Advisory Committee of the day. The application was brought to the Committee of Adjustment on May 29, 2017. Staff recommended that the application be deferred until further investigation could determine the correct lawful use of the property and potential options to consider to legally allow for a triplex use on the property. Since the last Committee of Adjustment meeting there have been discussions between Mr. and Mrs. Robillard and planning staff about the possibility of a zoning amendment to allow for a legal triplex on the property. Staff is therefore satisfied that the primary use of the building will be resolved and that it is appropriate for the Committee to consider the original application regarding the accessory building. In review of the application, staff considered the intent and purpose of the Official Plan and are satisfied that the application fulfills the test as residential uses are permitted in the designation. In regards to the second test concerning the intent and purpose of the Zoning By-law, Staff feel that the variance fulfills this test as well. The intent behind accessory building size restrictions is to maintain the use as being accessory to the primary building. Due to limited storage for three dwelling units, the proposed accessory building is appropriate to be larger than is currently permitted at 55 square metres. The intent behind Subsection 3.22.6 regarding permitted height of Accessory Buildings was to discourage accessory buildings being more than one storey. The reason for this height restriction is also tied to maintaining accessory use. Two storey accessory buildings could be used to house an accessory dwelling which is in violation of the Zoning By-law. The proposed garage will still be one storey however in order to store A8/2017-245 Fox Street Page 9 of 16
The Corporation of The Town of Penetanguishene Committee of Adjustment Committee Report the owners R.V. the height needs to be 6.4 metres. Included in the application were drawings that show the proposed garage dimensions (see attachment 2). Staff are of the opinion that the variance is also minor in nature. The proposed garage is 158 square metres which is admittedly large; however, given that the property houses a triplex with storage needs of three dwellings and the garage will only be one storey, Staff feel that the additional size request is minor in nature. It should also be noted that had the garage been attached to the house there would be no need for a variance as the house would still be well under the maximum permitted lot coverage for the R1S zone. The possibility of attaching the garage was discussed with Mr. and Mrs. Robillard but ultimately this option may not be feasible given the requirements of the Building Code and the costs of doing so. The final test is in regards to appropriateness and desirability of the use. The location of the garage will be behind the house and partially shaded from street view due to the hedge fences. There is enough space on the property to accommodate a slightly larger garage and Staff feel that the proposed variance is appropriate and desirable use of land. Staff are recommending approval of the variance subject to the condition of obtaining a Building Permit within one (1) year of approval and others. BUDGETARY IMPLICATIONS There are no budgetary implications as a result of this report. RISK MANAGEMENT Not applicable. COMMUNICATION & MARKETING Notice was provided regarding the application in accordance with the Planning Act and the Town s Notice Policy. SUSTAINABILITY Neither the application nor this report impacts or is impacted by the Severn Sound Sustainability Plan. STRATEGIC GOALS & OBJECTIVES It is a strategic goal of the Town to provide for safe, healthy, diverse and affordable housing. Prepared by: Shawn Filson, Planning Intern Reviewed by: A. Betty, MCIP RPP Director of Planning and Community Development COA Meeting Date: June 19, 2017 Attachments #1 Location Map #2 Drawings of Garage A8/2017-245 Fox Street Page 10 of 16
The Corporation of The Town of Penetanguishene Committee of Adjustment Committee Report Electronic File Location: S:\Planning Department\D13 - Variances\2017\A8 2017-245 Fox Street\Revised PDD Report 17-39 RE A8 2017 245 Fox Street.docx\ A8/2017-245 Fox Street Page 11 of 16
The Corporation of The Town of Penetanguishene Committee of Adjustment Committee Report A8/2017-245 Fox Street Page 12 of 16
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