Page COMMITTEE OF ADJUSTMENT Council Chambers, Townhall Monday, April 25, 2016, 7:00 PM 1. CALL TO ORDER 2. DECLARATION OF PECUNIARY INTEREST 3. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING 3-6 i) Confirmation of the Minutes of the February 22, 2016 meeting of the. THAT the adopt the minutes from the meeting dated February 22, 2016 as distributed. 4. BUSINESS ARISING FROM THE MINUTES 5. NEW BUSINESS 7-15 i) Minor Variance Application A3/2016 178 Little Sandy Bay Road THAT the of the Town of Penetanguishene approves Minor Variance application A3/2016, respecting 178 Little Sandy Bay Road to increase the permitted gross floor area of an Accessory Building required by Subsection 3.22.5 of Zoning By-law 2000-02, as amended, from 55 square metres to 90 square metres and to increase the permitted Height of an Accessory Building required by Subsection 3.22.6 of Zoning By-law 2000-02, as amended, from the maximum 4.5 metres to 4.8 metres subject to the following conditions: 1. That a Building Permit be obtained within one (1) year. 16-25 ii) Minor Variance Application A4/2016 94 Cambridge Street THAT the of the Town of Penetanguishene approves Minor Variance application A4/2016, respecting 94 Cambridge Street to increase the permitted gross floor area of an Accessory Building required by Subsection 3.22 a) of Zoning By-law 2000-02, as amended, from 55 square metres to 89 square metres to maximum existing land for an Accessory Building, subject to the following Page 1 of 30
Page Town of Penetanguishene Agenda conditions: 1. That a Building Permit be obtained within one (1) year. 2. That the Lot Grading Plan for the existing Single Detached dwelling be updated and approved to reflect the location of the new Accessory Building. 26-30 iii) Consent Application B1/2015-74 Broad Street THAT the of the Town of Penetanguishene approves Provisional Consent to Sever a new lot having the following general dimensions: Frontage of 18.3 metres onto Byrnes Crescent, a depth of 42.8 metres for a Lot Area of 784.4 square metres. subject to the following conditions: 1. That the Town receive Cash-in-lieu of a Parkland Dedication of 5% of the appraised value of the area of the severed lands paid by cash or certified cheque. The value of the land to be determined as of the day before the granting of provisional consent. The appraiser to be retained by the Town at the expense of the Owner, with the appraisal fee paid in advance. 2. That a Draft Electronic Transfer be submitted to the Town prior to issuance of the Certificate of Official for the lands to be severed. 6. COMMUNICATIONS AND CORRESPONDENCE i) OACA Newsletter - to be circulated at the meeting THAT the Committee receive this information and file. 7. ANNOUNCEMENTS AND INQUIRIES 8. ADJOURNMENT Page 2 of 30
COMMITTEE OF ADJUSTMENT MEETING COUNCIL CHAMBERS, TOWNHALL MONDAY FEBRUARY 22, 2016 at 7:00 PM Present: R. Spearn M. Cudahy-Stubbins D. Charlebois L. Lipton A. Betty, Secretary Treasurer M. Lefaive, Chief Water Operator MINUTES Regrets: P. Steele Absent: 1 CALL TO ORDER 2 DECLARATION OF PECUNIARY INTEREST 3 CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING Confirmation of Minutes from the Previous Meeting - Minutes dated January 25, 2016 Moved by Member Charlebois and Seconded by Member Lipton THAT the adopt the minutes from the meeting dated January 25, 2016 as amended. CARRIED Confirmation of the Minutes of the February 22, 2016 meeting... Page 3 of 30
Town of Penetanguishene - 4 BUSINESS ARISING FROM THE MINUTES 5 NEW BUSINESS Minor Variance Application A1/2016 for 77 Poyntz Street The Committee held significant discussions with respect to the application. Comments or questions were raised with respect to the location of the porch from the property line, recent addition to the rear of the existing dwelling, location of tree and interference with the water service. In considering the application the Committee determined that the application did not meet the intent and purpose of the Zoning By-law and was not minor in nature and therefore refused the application. Moved by Member Lipton and Seconded by Member Spearn THAT the of the Town of Penetanguishene refuses Minor Variance application A1/2016, respecting 77 Poyntz Street to reduce the front yard setback required by Subsection 5.2.4.4 a) of Zoning By-law 2000-02, as amended, from 7.5 metres to 0.4 metres to permit the enclosure of the existing porch. CARRIED Minor Variance Application A2/2015 for 187,185 and 183 Robert Street East The Committee discussed the application and requested clarification with respect to the calculation of the Office floor area. Moved by Member Charlebois and Seconded by Member Lipton THAT the of the Town of Penetanguishene approves Minor Variance application A2/2016, respecting 187, 185 and 183 Robert Street East to increase the permitted gross floor area of an accessory office required by Subsection 7.1.1.1.2 a) of Zoning By-law 2000-02, as amended, from 10% to 25% to permit an addition to the existing building and to increase the maximum size of an accessory office space, subject to the following conditions: Confirmation of the Minutes of the February 22, 2016 meeting... Page 4 of 30
Town of Penetanguishene - 1. That a Building Permit be obtained within one (1) year. CARRIED 6 COMMUNICATIONS AND CORRESPONDENCE Letter from MHBC Planning Regarding Bill 73 and How it affects Decision. Moved by Member Spearn and Seconded by Member Lipton THAT the receive the letter for information. CARRIED Information from Ontario Association of Committee of Adjustments Regarding Bill 73. Moved by Member Charlebois and Seconded by Member Lipton THAT the receive the summary report for information. CARRIED 7 ANNOUNCEMENTS AND INQUIRIES 8 ADJOURNMENT Chair Recording Secretary Confirmation of the Minutes of the February 22, 2016 meeting... Page 5 of 30
Town of Penetanguishene - Confirmation of the Minutes of the February 22, 2016 meeting... Page 6 of 30
COMMITTEE: COMMITTEE CHAIR: SUBJECT: M. Cudahy-Stubbins Minor Variance Application A3/2016-178 Little Sandy Bay Road Staff Report PD-2016-25 RECOMMENDATION THAT the of the Town of Penetanguishene approves Minor Variance application A3/2016, respecting 178 Little Sandy Bay Road to increase the permitted gross floor area of an Accessory Building required by Subsection 3.22.5 of Zoning By-law 2000-02, as amended, from 55 square metres to 90 square metres and to increase the permitted Height of an Accessory Building required by Subsection 3.22.6 of Zoning By-law 2000-02, as amended, from the maximum 4.5 metres to 4.8 metres subject to the following conditions: 1. That a Building Permit be obtained within one (1) year. INTRODUCTION The Town received an application for a Minor Variance from Roger Hughes, authorized agent on behalf of the owner Angus Cunningham, for the property at 178 Little Sandy Bay Road on March 4, 2016. The application requests to increase the maximum permitted gross floor area of an Accessory Building from 55 square metres to 90 square metres and to increase the Height of an Accessory Building from the maximum 4.5 metres to 4.8 metres. The effect of the minor variance would be the construction of an Accessory Building (garage) having a larger floor area and height than permitted under the Zoning By-law. It should be noted that the application submitted indicated a Height increase request to 6.0 metres; however, upon further examination of the plans it was determined that the actual Height of the prosed building is only 4.8 metres. The subject property is legally described Part Lot 18A on Plan 69 and Part of the unopened road allowance, and more particularly described as Part 1, on Reference Plan 51R-34717 formerly in the Township of Tay, now in the Town of Penetanguishene. The property (see Location Map Attachment #1) has frontage of 43.2 metres onto the private road known as Little Sandy Bay Road and for a Lot Area of 13,300 square metres. Currently located on the property is a dwelling with a gross floor area of 142.64 square metres. The main building is located on the northern side of the property, towards the waterfront. The remainder of the site is tree covered. Surrounding Land Uses: North: Water South: Residential Minor Variance Application A3/2016 178 Little Sandy Bay Ro... Page 7 of 30
East: Residential West: Residential Correspondence Memo dated April 5, 2016 from the Chief Building Official indicating no comments or concerns regarding the application. Email dated April 5, 2016 from the Fire Chief indicating no comments or concerns with the application. Email from Mark McBrien dated April 20, 2016 (attached) 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 Shoreline Residential in the Town of Penetanguishene s Official Plan (OP). The land use policies of the designation are to maintain the existing character of this predominantly residential area and protect the natural shoreline features. The permitted uses of the designation include single detached dwellings for year-round or seasonal use. Secondary permitted uses which may be permitted include home occupations and bed and breakfast establishments. Public parks are also permitted in this designation. Zoning By-law 2000-02, as amended The property is zoned Limited Services Rural Residential Zone LSR The permitted uses of the LSR zone include Accessory Uses. The following are the regulations of the LSR zone for Accessory Uses: 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 Minor Variance Application A3/2016 178 Little Sandy Bay Ro... Page 8 of 30
b) 100 square metres of gross floor area in the Rural (RU) Zone; or 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. 5.10.2 LSR ZONE REGULATIONS 5.10.2.1 Minimum Lot Area.2 hectares 5.10.2.2 Lot Frontage 30 metres 5.10.2.3 Minimum Yards a) Front 7.5 metres b) Rear 7.5 metres c) Interior Side 3.0 metres d) Exterior Side 7.5 metres 5.10.2.4 Maximum Lot Coverage 35% 5.10.2.5 Minimum Ground Floor Area 90 square metres 5.10.2.6 Maximum Building Height 11.0 metres ANALYSIS The request is to increase the maximum permitted gross floor area of an Accessory Building from 55 square metres to 90 square metres, a variance of 35 square metres and to increase the Height of an Accessory Building from the maximum 4.5 metres to 4.8 metres, a variance of 0.3 metres. The intended use of the building as stated in the application is for the storage of a boat and two automobiles. Currently located on the property is a single detached dwelling which does not have an attached garage. Access is provided through the private road known as Little Sandy Bay Lane. The site is tree covered except in areas where development has occurred for driveway access and the single detached dwelling. In the analysis of the property, the current lot has a total Lot Area of 4,588 square metres. The existing building has a gross floor area of 142.6 square metres for a Lot Coverage of approximately 3%. The proposed Accessory Building will have total gross floor area of 89.2 square metres, making a combined total lot area of 231.8 square Minor Variance Application A3/2016 178 Little Sandy Bay Ro... Page 9 of 30
metres, or a Lot Coverage of 5%. Therefore, the proposed building and the existing building will be well under the Maximum Lot Coverage permitted for all buildings and structures of 35%. Staff further note that the has approved a number of Minor Variance applications for increases to Lot Coverage for Accessory Buildings throughout the Town similar to the one proposed in A3/2016. The second request is to increase the Height of the Accessory Building to 4.8 metres. As noted above, the request to increase the Height to permit the seasonal storage of a boat which requires a larger than typical garage door. The Planning and Community Development Department supports the requested variance and is of the opinion that the application maintains the intent and purpose of the Official Plan and Zoning By-law, it is a desirable and appropriate use and the variance is minor in nature. In addition, the proposed increase in the Lot Coverage and Height does not appear to cause an adverse impact on the surrounding properties. The Staff are recommending approval of the variance subject to the condition of obtaining a Building Permit within one (1) year of approval. 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: Dana Suddaby, Planning Intern Reviews by: Andrea Betty, Director of Planning and Community Development COA Meeting Date: April 25 th, 2016 Attachments #1 Location Map #2 Survey #3 Elevation Drawings Minor Variance Application A3/2016 178 Little Sandy Bay Ro... Page 10 of 30
Electronic File Location: S:\Planning Department\\2016\A2 2016-187 Robert St. E, 18 & 20 Laurier Rd\Staff Reports\PDD Report 2016-12 RE A2 2016 187 Robert St E.docx\ Minor Variance Application A3/2016 178 Little Sandy Bay Ro... Page 11 of 30
Minor Variance Application A3/2016 178 Little Sandy Bay Ro... Page 12 of 30
Minor Variance Application A3/2016 178 Little Sandy Bay Ro... Page 13 of 30
MEMORANDUM Date: April 5, 2016 To: From: Re: Andrea Betty, Secretary, Terry Paquette, Chief Building Official A3/2016 178 Little Sandy Bay Road The Building Department has no comments or concerns regarding the above-noted Minor Variance Application A3/2016. Thank you. Minor Variance Application A3/2016 178 Little Sandy Bay Ro... Page 14 of 30
Andrea Betty To: Subject: Ted Walker RE: 178 little sandy bay lane Original Message From: Mark McBrien [mailto:markmcbrien@yahoo.ca] Sent: April 20 16 10:07 AM To: Ted Walker Subject: 178 little sandy bay lane Good morning Mr. Walker. We are opposed to the application proposed by 178 Little Sandy Bay Lane. This minor variance exceeds the permitted standards. A variance is essentially a request to break a rule. We have by laws to set local regulations & standards in place. Let's follow them. (185 and 189 Gordon Drive) Sent from my iphone 1 Minor Variance Application A3/2016 178 Little Sandy Bay Ro... Page 15 of 30
COMMITTEE: COMMITTEE CHAIR: SUBJECT: M. Cudahy-Stubbins Minor Variance Application A4/2016-94 Cambridge Street Staff Report PD-2016-26 RECOMMENDATION THAT the of the Town of Penetanguishene approves Minor Variance application A4/2016, respecting 94 Cambridge Street to increase the permitted gross floor area of an Accessory Building required by Subsection 3.22 a) of Zoning Bylaw 2000-02, as amended, from 55 square metres to 89 square metres subject to the following conditions: 1. That a Building Permit be obtained within one (1) year. 2. That the Lot Grading Plan for the existing Single Detached dwelling be updated and approved to reflect the location of the new Accessory Building. INTRODUCTION The Town received an application for a Minor Variance from John Robitaille, owner of the property at 94 Cambridge Street on March 31, 2016. The application requests to increase the size of the accessory building from the maximum 55 square metres to 89 square metres. The subject property is legally described as lands composed of Lot 32B on Plan 70 and more particularly Part of Lot 2 on Reference Plan 51R-17692 in the Town of Penetanguishene. The property (see Location Map Attachment #1) has frontage of 75 metres onto Cambridge Street and for a Lot Area of 1,948.2 square metres. Currently located on the property is a Single Detached Dwelling. The main building is located near the midpoint of the property. Minor Variance Application A4/2016 94 Cambridge Street Page 16 of 30
Surrounding Land Uses: North: Residential East: Residential South: Residential West: Rural Correspondence Memo dated April 4, 2016 from the Chief Building Official regarding the open Lot Grading Plan for the Single Detached Dwelling. In the correspondence it was requested that an updated Lot Grading Plan be submitted for approval to ensure that the draining will not adversely affect the neighbouring properties. The CBO has requested that a condition of approval of the Minor Variance application include the preparation and approval of the updated Lot Grading Plan. Email dated April 5, 2016 from the Fire Chief indicating no comments or concerns with the application. Email dated April 18, 2016 from E. Kuhn (attached) 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 occupations and professional uses, associated institutional uses and accessory retail uses. Zoning By-law 2000-02, as amended The property is zoned Residential First Density Zone R1 The permitted uses of the R1 zone include Accessory Uses. The following are the regulations of the R1 zone for Accessory Uses: Minor Variance Application A4/2016 94 Cambridge Street Page 17 of 30
3.22 ACCESSORY BUILDINGS, USES AND STRUCTURES 3.22.2 Any accessory building may be erected as part of the main building provided that all yard and area requirements of this By-law are complied with in respect to main building requirements and not accessory building requirements. Notwithstanding this, in any Residential Zone an attached or detached private garage or other accessory structure may be erected and used in an interior side or rear yard provided that it shall be no closer than one (1) metre to the interior side or rear lot line, except where a mutual garage is erected on the common lot line between two lots, in which case no interior side yard is required. In all other Zones, the yard requirements for the main building shall apply to detached accessory buildings. 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 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. 5.1.2 R1 ZONE REGULATIONS SINGLE DETACCHED DWELLINGS 5.1.2.1 Minimum Lot Frontage 19 metres 5.1.2.2 Minimum Lot Area 743 square metres 5.1.2.3 Maximum Lot Coverage 25% 5.1.2.4 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 Minor Variance Application A4/2016 94 Cambridge Street Page 18 of 30
d) Minimum Rear Side 9 metres 5.1.2.5 Minimum Ground Floor Area 116 square metres 5.1.2.6 Maximum Height 11 metres 5.1.2.7 Maximum Accessory Building Height 4 metres ANALYSIS The request is to increase the size of the Accessory Building from the maximum 55 square metres to 89 square metres to permit the construction of an Accessory Building. Under the Zoning By-law, 2000-02, as amended, the location of buildings must meet the zoning regulations of 5.1.2, where any Accessory Building shall not exceed a gross floor area of 55 square metres. The proposed location of the Accessory Building (storage shed) will be located in the south west end of the lot, with an interior setback of 3.5 metres and a rear setback of 6.1 metres, thus exceeding the requirements required by the Subsection 3.22 Zone Regulations of a one (1) metre setback for both side and rear yards. The Accessory Building will have a width of 8.5 metres and a depth of 10.4 metres, giving it a total gross floor area of 89 square metres. The existing single detached dwelling has a footprint of 256.1 square metres, for a Lot Coverage of 14%. With the addition of the Accessory Building, the Lot Coverage will be approximately 19%, which is under the maximum permitted Lot Coverage of 25%. Staff also note that the Committee has approved a number of similar applications for an increase in Lot Coverage. With the current lot size, a minor variance would not be needed if the applicant was proposing an addition on the existing building. However, the construction of an Accessory Building requires a minor variance since the proposed gross floor area is greater than the maximum gross floor area permitted in the By-law for Accessory Buildings. The construction of an Accessory Building is preferred by the Owner given the proposed use of the building being that for storage of vehicles and equipment associated with a residential use. The Planning and Community Development Department supports the requested variance and is of the opinion that the application maintains the intent and purpose of the Official Plan and Zoning By-law, it is a desirable and appropriate use and the variance is minor in nature. In addition, the proposed increase to the floor area for an Accessory Building does not appear to cause an adverse impact on the surrounding properties. Staff are recommending approval of the variance subject to the condition of obtaining a Building Permit within one (1) year of approval and the completion of a lot grading and drainage plan. BUDGETARY IMPLICATIONS There are no budgetary implications as a result of this report. Minor Variance Application A4/2016 94 Cambridge Street Page 19 of 30
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: Dana Suddaby, Planning Intern Reviewed by: Andrea Betty, Director of Planning and Community Development COA Meeting Date: April 25, 2016 Attachments #1 Location Map #2 Survey #3 Elevation Drawings Electronic File Location: S:\Planning Department\Committee of Adjustment\2016\A4 2016 94 Cambridge Street\Staff Reports\ PDD Report 2016-26 RE A4 94 Cambridge Street Minor Variance Application A4/2016 94 Cambridge Street Page 20 of 30
Minor Variance Application A4/2016 94 Cambridge Street Page 21 of 30
Minor Variance Application A4/2016 94 Cambridge Street Page 22 of 30
Minor Variance Application A4/2016 94 Cambridge Street Page 23 of 30
Minor Variance Application A4/2016 94 Cambridge Street Page 24 of 30
Andrea Betty From: Sent: To: Subject: Enrico Kuhn <ricoskuhns@yahoo.ca> April-16-16 10:51 AM Andrea Betty Minor Variance on 90 Cambridge Street, Penetanguishene Dear Director of planning and community development, I am emailing you because I am very concerned about my neighbor intention building such a big shed on 90 Cambridge street. At least that was what He told me in the beginning " a shed". 2 Weeks ago he put up the sign for minor variance and decided to check in the town office what kind of variance, previously my lovely neighbor was supposed to build a two bay garage and expanded to three bay garage. Then He was told to lover the grade around his house since he built up approx. 1 foot higher and he did not. Later he also incorporated an apartment to his house. Now His excuse for such a big shed, according to the building inspector staff "he has to many toys". Well He was sneaky before and probably will be sneaky again and again, the shed turned into a 17 foot tall building and large enough to accommodate probably his furniture business. I like to sell my house in the near future, probably will not be successful, there will be another big clumpy building with a noisy and stinky shop on both side of my lot. I bought my house thinking it was located on residential area planning. I have no problem with a shed, but a building that resemble a working shop I am opposed. Like to know what right the neighbors for example me have. Thank you for considering my complaint, and also in anticipation for your response. Truly Enrico Kuhn 1 Minor Variance Application A4/2016 94 Cambridge Street Page 25 of 30
COMMITTEE: COMMITTEE CHAIR: M. Cudahy-Stubbins SUBJECT: Provisional Consent to Sever Application B1/2016 74 Broad Street Staff Report PD-2016-27 RECOMMENDATION THAT the of the Town of Penetanguishene approves Application B1/2016 for Provisional Consent to Sever from 74 Broad Street a new lot having the following general dimensions: Frontage of 18.3 metres onto Byrnes Crescent, a depth of 42.8 metres for a Lot Area of 784.4 square metres. subject to the following conditions: 1. That the Town receive Cash-in-lieu of a Parkland Dedication of 5% of the appraised value of the area of the severed lands paid by cash or certified cheque. The value of the land to be determined as of the day before the granting of provisional consent. The appraiser to be retained by the Town at the expense of the Owner, with the appraisal fee paid in advance. 2. That a Draft Electronic Transfer be submitted to the Town prior to issuance of the Certificate of Official for the lands to be severed. INTRODUCTION The Town received an application for consent submitted by Mr. John DeVillers, authorized agent on behalf of the owner Greg DeVillers, for the property on 74 Broad Street, on March 24, 2016. The purpose of the application is to sever a new residential building lot from the existing property. The subject property is legally described Part Lot 134 & 135 on Registered Plan 70 and more particularly described as Part 5 on Reference Plan 51R-15441 and Part 5 on Reference Plan 51R-28373, in the Town of Penetanguishene. The retained lot (see Location Map Attachment #1) has a frontage of 18.5 metres on Broad Street, a depth of 42 metres and an area of 782 square metres and currently supports a single detached dwelling. The severed lot will have a frontage of 18.3 metres onto Byrnes Crescent, a depth of 42.8 metres and an area of 784.4 square metres and is currently vacant. The proposed use of the severed lot is for residential purposes. Consent Application B1/2015-74 Broad Street Page 26 of 30
Surrounding Land Uses: North: Residential East: Residential South: Residential West: Residential 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 occupations and professional uses, associated institutional uses and accessory retail uses. Zoning By-law 2000-02, as amended The property is zoned Residential Second Density R2. The permitted uses of the R2 zone include a Single Detached Dwelling. The following are the regulations of the R2 zone for a Single Detached Dwelling: 5.2.4 R2 - ZONE REGULATIONS - SINGLE DETACHED DWELLINGS 5.2.4.1 Minimum Lot Frontage 18 metres 5.2.4.2 Minimum Lot Area 613 sq. metres 5.2.4.3 Maximum Lot Coverage 35% 5.2.4.4 Minimum Yard Requirements Consent Application B1/2015-74 Broad Street Page 27 of 30
a) Minimum Front Yard 7.5 metres b) Minimum Side Yard - 1 metre on either 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 4.5 metres d) Minimum Rear Yard 7.5 metres 5.2.4.5 Minimum Ground Floor Area 83 sq. metres 5.2.4.6 Maximum Height 11 metres 5.2.4.7 Maximum Accessory Building Height 4 metres ANALYSIS The purpose of this application is sever in half the existing through lot to create a new building lot. As discussed above, both the existing and proposed lots will have a frontage of 18.5 metres, depth of 42 metres and an area of 782 square metres, therefore, meeting the minimum lot requirements for in the R2 zone. The proposed lot is currently vacant land but is proposed to be developed for residential purposes. The application conforms to the Town of Penetanguishene Official Plan which designated the subject property NEIGHBOURHOOD RESIDENTIAL and permits, in principle, various types of residences. Under the Town s Zoning By-law the property fronting onto Broad Street is zones RESIDENTIAL SECOND DENSITY EXEMPTION (R2-6) and the south portion fronting onto Byrnes Crescent is also zoned RESIDENTIAL SECOND DENSITY EXEMPTION (R2-6). It should be noted that municipal services were installed on Byrnes Crescent in association with previous development in the immediate area. As a result, water and sewer laterals have been installed on Byrnes Crescent in anticipation of a lot pattern similar to what is being proposed by the consent application being considered. The developer who front ended the servicing costs was compensated in 2012 for this cost, therefore a condition to this effect is not required to be included in the Decision. The Planning and Community Development Department supports the requested consent and is of the opinion that the application maintains the intent and purpose of the Official Plan and Zoning By-law; it is a desirable and appropriate use. In addition, the proposed new lot would not appear to cause an adverse impact on the surrounding properties. Staff are recommending approval of the consent application based on the following conditions: Consent Application B1/2015-74 Broad Street Page 28 of 30
1. That the Town receive Cash-in-lieu of a Parkland Dedication of 5% of the appraised value of the area of the severed lands paid by cash or certified cheque. The value of the land to be determined as of the day before the granting of provisional consent. The appraiser to be retained by the Town at the expense of the Owner, with the appraisal fee paid in advance. 2. That a Draft Electronic Transfer be submitted to the Town prior to issuance of the Certificate of Official for the lands to be severed. 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: Dana Suddaby, Planning Intern Reviewed by: Andrea Betty, Director of Planning and Community Development COA Meeting Date: June 22, 2015 Attachments 1 Location Map Electronic File Location: S:\Planning Department\\2016\B1 2016-74 Broad Street\Staff Reports\PDD Report 2016-27 RE B1 2016 74 Broad Street.docx\ Consent Application B1/2015-74 Broad Street Page 29 of 30
Lot to be Retained Lot to be Severed Consent Application B1/2015-74 Broad Street Page 30 of 30