Committee of Adjustment Agenda Meeting Date: Monday October 17, 2016 Place: Woodstock City Hall, Council Chambers Regular Session: 7:00 PM Chair: Len Reeves 1. Declaration of Conflict Of Interest 2. Approval of Minutes September 12, 2016 meeting minutes 3. Business Arising From Minutes 4. Correspondence 5. Applications for Minor Variance MV-14-16 216 Boot Hill Road Henry Deroo Relief from Section 6.2 Zone Provisions, Table 6.2 Lot Coverage; to increase the maximum lot coverage for a single detached dwelling from 36.5% to 40% of the lot area to facilitate the construction of a single detached dwelling. 6. General Business 7. Adjournment
Committee of Adjustment September 12, 2016 Page 1 of 6 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 Mr. Tom Rock, Mr. Fred Curry, Mr. Peter Rigby, J. DaPonte Also present: Mr. Ron Versteegen, City Planner Harold dehaan, City Engineer Chris Gauthier, Acting Secretary Treasurer DECLARATION OF CONFLICT OF INTEREST none MINUTES Moved by F. Curry Seconded by P. Rigby That the minutes of the meeting of July 11 2016, be adopted as printed. Carried APPLICATIONS FOR MINOR VARIANCE a) MV-13-16 550 Canterbury Street William & Catherine Harrington Relief from Section 5 General Provisions, Section 5.1.1.1 Accessory Uses, Table 1 Regulations for Accessory Buildings Uses and Structures, Side Yard Setback; to reduce the required side yard setback from 1.2 m (3.9 ft.) to 0.6 m (2 ft.) to allow for the replacement of an existing detached garage. Relief from Section 5 General Provisions, Section 5.1.9.3 Projections into Required Yards Permitted for Accessory Buildings, Table 3 Permitted Projections for Accessory Buildings and Structures, Sills, cornices, pilasters, chimneys, eaves, gutters and similar architectural features; to reduce the required minimum setback between building and lot line from 0.6 m (2 ft.) to 0 m (0 ft.) to allow for the replacement of an existing detached garage. Location: The subject lands are described as Part Lot 8, Block O, Plan 50, in the City of Woodstock. The lands are located on the south side of Canterbury Street, between Wellington Street N. and Victoria Street N. and are municipally known as 550 Canterbury Street. Presentation and Discussion Mr. R. Versteegen stated that the applicant proposes to obtain relief from the abovenoted provisions of the City s Zoning Bylaw to accommodate the replacement of an existing garage with a slightly enlarged garage. Specifically, the applicant is proposing a 29.9 m2 (321.8 ft2) detached garage in place of an existing 22.6 m2 (243.3 ft2) garage.
Committee of Adjustment September 12, 2016 Page 1 of 6 The proposed garage is intended to match the same interior side yard setback as the existing garage. Due to the location of the existing dwelling relative to the driveway the applicant noted that complying with the required side yard setback would place the entrance of the garage partially behind the dwelling making it a challenge to safely enter and exit the garage. While locating the new garage further back from its existing location would provide more room to maneuverer in and out of the structure the amount of private amenity space on the lands would be significantly reduced. The subject property comprises a total area of approximately 468.2 m2 (5,040 ft2), and contains an approximate 118 m2 (1,275 ft2) single detached dwelling along with the detached garage. It is the opinion of this Office that the relief requested by the applicant to permit the construction of the slightly enlarged detached garage is minor and desirable for the development of the lands. While the applicant is proposing the reduce the side yard from 1.2 m (3.9 ft.) to 0.6 m (2 ft.), this setback matches what has existed with the current garage since it was constructed in 1938. The applicant also noted that complying with the required side yard setback would place the entrance of the garage partially behind the dwelling, which makes safely entering and exiting the garage a challenge. While the applicant applied for relief from the projections into required yards to reduce the required setback between building and lot line from 0.6 m (2 ft.) to 0 m (0 ft.), the City s Manager of Building & Facilities noted that required relief should be from 0.6 m (2 ft.) to 0.3 m (1 ft.). In doing so, it allows for a 0.15 m (0.5 ft.) soffit and 0.15 m (0.5 ft.) for the gutter. The City s Manager of Building & Facilities has also recommended that gutters and downspouts be installed to the satisfaction of the City of Woodstock and also that the existing garage be demolished to the satisfaction of the City. The proposed relief maintains the intent and purpose of the Official Plan as well as the City s Zoning By-law and should be given favourable consideration by the Committee. F. Curry inquired if there would be an overlap regarding the length of the applicants proposed garage compared to the neighboring garage. The applicant William Harrington spoke in favor of the application and provided that there will be a slight overlap of a couple of feet. Moved by H. Pye Seconded by F. Curry That the City of Woodstock Committee of Adjustment approve Application File MV-13-16, submitted by William & Catherine Harrington for lands described as Part Lot 8, Block O, Plan 50 in the City of Woodstock as it relates to:
Committee of Adjustment September 12, 2016 Page 1 of 6 1. Relief from Section 5 General Provisions, Section 5.1.1.1 Accessory Uses, Table 1 Regulations for Accessory Buildings Uses and Structures, Side Yard Setback; to reduce the required side yard setback from 1.2 m (3.9 ft.) to 0.6 m (2 ft.) for the replacement of an existing detached garage. 2. Relief from Section 5 General Provisions, Section 5.1.9.3 Projections into Required Yards Permitted for Accessory Buildings, Table 3 Permitted Projections for Accessory Buildings and Structures, Sills, cornices, pilasters, chimneys, eaves, gutters and similar architectural features; to reduce the required minimum setback between building and lot line from 0.6 m (2 ft.) to 0.15 m (0.5 ft.) to allow for the replacement of an existing detached garage, subject to the following conditions: a) That the existing garage be demolished to the satisfaction of the City of Woodstock; b) That gutters and downspouts be installed and be directed internal on the subject property to the satisfaction of the City of Woodstock; and c) That the proposed detached garage not exceed 32 m2 (344.4 ft2) in area. The proposed 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 are minor variances from the provisions of the City s Zoning By-law in that the reduced setback from interior side lot line and increased projection for the detached garage will not have a negative impact on the neighbouring properties; b) The proposed relief is desirable for the use of the land as the said relief will allow for development that is permitted by the Zoning By-law, the use is compatible with surrounding uses and is complimentary to existing development in the area; c) The proposed relief maintains the general intent and purpose of the City s Zoning By-law as the development is in keeping with the permitted uses in the R2 zone; and d) The relief maintains the intent and purpose of the Official Plan as it permits the replacement of an accessory use to an existing low density residential from of development contemplated within the Low Density Residential policies of the Official Plan. Carried GENERAL BUSINESS None
Committee of Adjustment September 12, 2016 Page 1 of 6 ADJOURNMENT Moved by P. Rigby Seconded by J. DaPonte That the meeting adjourn at 7:16 p.m. Carried Tom Rock Vice Chair
Community and Strategic Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: MV14-16 APPLICATION FOR MINOR VARIANCE TO: City of Woodstock Committee of Adjustment MEETING: October 17, 2016 REPORT NUMBER: 2016-254 OWNER: Henry Deroo 500 Devonshire Avenue, Woodstock, Ontario, N4S 5P8 VARIANCE REQUESTED: Relief from Section 6.2 Zone Provisions, Table 6.2 Lot Coverage; to increase the maximum lot coverage for a single detached dwelling from 36.5% to 40% of the lot area to facilitate the construction of a single detached dwelling. LOCATION: The subject lands are described as Lot 11, Plan 41M-304 in the City of Woodstock. The lands are located on the west side of Boot Hill Road, south of Sparkys Lane and west of Mill Street. The lands are municipally known as 216 Boot Hill Road. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule W-1 City of Woodstock Land Use Plan Residential Schedule W-3 City of Woodstock Residential Density Plan Low Density Residential CITY OF WOODSTOCK ZONING BY-LAW: Residential Zone 1 (R1) SURROUNDING USES: surrounding uses are predominantly low density residential with agricultural lands to the west in the Township of South-West Oxford.
File Number: MV14-16 Report Number 2016-254 Page 2 COMMENTS: (a) Purpose of the Application: The applicant proposes to obtain relief from Section 6.2 of the City s Zoning By-law to permit the maximum lot coverage of a single detached dwelling to be increased from 36.5% to 40.0%. The applicant has indicated that the proposed relief is required in order to accommodate the proposed dwelling design including a 29.6 m 2 (318.6 ft 2 ) covered porch to be located at the rear of the dwelling. 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 dimensions of the property and the location of the proposed dwelling. (b) Agency Comments The application was circulated to a number of public agencies considered to have interest in the proposal. The following comments were received from the Manager of Building & Facilities: Relief from Section 6.2, Table 6.2 Lot Coverage to increase the maximum lot coverage allowed for the dwelling house from 36.5% to 40% for a lot having 15 m of frontage or greater to allow the construction of a SFD with a 29.6 m 2 (318.6 ft 2 ) rear covered porch. 1. The applicant is proposing a specific house design for 216 Boot Hill Road and requires an increase in lot coverage from 36.5% to 40% for the dwelling house and covered deck. 2. The covered deck is considered part of the main building and has maximum lot coverage of 36.5%. 3. The builder has a customer who wants a covered rear deck. As requested the proposed covered deck which is attached to the house puts the dwelling over the maximum main building coverage of 36.5%. 4. The subject lot has two lot coverage provisions; main building maximum 36.5% and total lot coverage maximum 40%. 5. Typically a few of these requests occasionally come in and have been supported. 6. The proposal does not exceed the total lot coverage of 40% for all buildings. Public notice was mailed to surrounding property owners on October 5 th, 2016. At the time of writing this report, no comments or concerns had been received from the public. (c) Intent and Purpose of the Official Plan: The subject lands are designated Low Density Residential according to the City of Woodstock Residential Density Plan, as contained in the County Official Plan. The construction of a single detached dwelling on the subject lands conforms to the relevant policies of the Official Plan.
File Number: MV14-16 Report Number 2016-254 Page 3 (d) Intent and Purpose of the Zoning By-law: The property is zoned Residential Type 1 (R1) in the City of Woodstock Zoning By-law. The R1 zone identifies a number of development provisions such as lot area, lot frontage, yard setback requirements, and lot coverage. Specifically, the R1 zone permits a maximum lot coverage of 36.5% of the lot area for the dwelling. The lot coverage 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 and amenity area and to limit the impact of development on the normal use and enjoyment of abutting properties. (e) Desirable Development/Use: It is the opinion of this office that the applicant s request to increase the maximum lot coverage from 36.5% to 40.0% of the lot area to facilitate the construction of a single detached residential dwelling with a 29.6 m 2 (318.6 ft 2 ) rear covered porch is minor in nature and desirable for the development of the lands. The proposed porch is not expected to impact neighbouring property owners and is a compatible form of development for the neighbourhood. For the Committee s information, the subject lands are zoned R1, which permits a total lot coverage (including the dwelling and all detached accessory structures) of 40%. As such, the applicant s proposal to increase the lot coverage for a single detached dwelling to 40% remains within the total lot coverage figure. The consequence of the proposed increase in the dwelling lot coverage is that there will be no coverage room left for accessory buildings. 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: That the City of Woodstock Committee of Adjustment approve Application File MV 14-16, submitted by Henry Deroo for lands described as Lot 11, Plan 41M-304 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 a single detached dwelling from 36.5% to 40% of the lot area to facilitate the construction of a single detached residential dwelling with a 29.6 m 2 (318.6 ft 2 ) rear covered porch. The proposed relief meets the four tests of a minor variance as set out in Section 45(1) of the Planning Act as follows: The proposed relief is a minor variance from the provisions of the City of Woodstock Zoning Bylaw in that the lot coverage proposed for the dwelling house does not exceed the total lot coverage permitted for all buildings and structures in the R1 Zone; The proposed relief is desirable for the appropriate development and use of the land as the said relief will allow only for the construction of a single detached dwelling of similar proportions and setbacks as development in the immediate neighbourhood; The proposed relief maintains the general intent and purpose of the City of Woodstock Zoning By-law as the development remains within the overall lot coverage provisions of the R1 Zone
File Number: MV14-16 Report Number 2016-254 Page 4 and all construction will be in accordance with all relevant yard width and depth provisions of that Zone; and The relief maintains the intent and purpose of the Official Plan as the single detached dwelling proposed for the site is a form of low density residential development contemplated by the Official Plan. Authored by: original signed by Andrea Hächler, Development Planner Approved by: original signed by Gordon K. Hough, RPP, Director
Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary 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 0 51 102 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 October 11, 2016
Legend Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Notes 0 26 51 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 October 11, 2016
LOT10 C') * co GRADING PLAN 216 LOT No. 11 (222 BOOT HILL RD.) SCALE: 1 :200 TOP OF FIRE HYDRANT J37.5+/- 20.00 J37.0+/ OPP.LOT 4/5 SPARKY'S0LANE ELEV. 332.36 \ \ \ LOT 12 LOT 16, 201 BOOT HILL RD., \ AS BUil T TOP OF FON \ ~~~ \ o \ (O &s LOT 11 ~ ELEV. 333.77 ' (').. ~~ î <O 'I~ \~~ (336.75) ~ ~ o * LD OVERED DECK ~ L{)~\ ~ ( f ". {O m \ n \ n o n L{) o (O M\Vr * N r-, n M I ~ T/FDN 337.20 PLAN No. 41 M-304 CLIENT: DEROO BROS VENTURES BENCH MARK Type of building (336.45) 2 STOREY * N o (O (") Invert Elev. Sanitary Sewer -Denotes direction of runoff Sump pump and downspouts not to be directed at adjacent houses Bottom of Ftg. to be 1.2m (min) below finished grade 1.40-- ' r (336.30)"' \ ~~ (336.1qY ~ (336.60) cs..20 [56'-5"] ~ ': GARAGE ---- i--1.40 ~ ;536.30),\ C') * ~ PROPOSED FINISHED x~ GRADES ~J4.8+/- EXISTING GRADES LOT AREA= 720.2 m2 BLD. AREA= 286.95 m2 COVERAGE = 39.84% THIS PLAN IS APPROVED (335.80) FOR GRADING ONLY..f',.,,f:,f" fi-- "' BOO~ HILL RO, vj ~ CD CJ11--------------- co L --:::.l_ --~-~0 LO I ~I _.. ~ CD (,J ~ ~ _ VAUD WHEN DATED AND SIGNED BY THE PROFESSIONAL APPROVED FOR CONSTRUCTION J.B. CHAMBERS ENGINEERING SOßYSHAMPARKDRIVE WOODSTOCK.ON., - - - CITY OF WOODSTOCK- - - N4T 1R2 (519)539-0612 DATE: SEPTEMBER 23, 2016 JOB No. 2677