ESTUDIO-VIDA DE HECHOS
LA PREPARACION DE LOS DISCIPULOS Regresan a Jerusalén
Unless otherwise specified in this by-law, the following combined maximum width of all hard surfaces (driveways plus walkways) and landscaped open space area
requirements shall apply for detached, semi-detached, duplex, triplex, fourplex, common element townhouse, common element back-to-back townhouse, and street townhouse dwellings:
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a. Front lot or street side lot lines equal to or greater than 18 m in width: i. The combined maximum width of all hard surfaces is 50% of the
front lot or street side lot line.
ii. The remaining lot area between a street line and a building
elevation facing a street shall be landscaped open space area. The applicant is proposing the construction of an attached garage and breezeway. The existing driveway is being widened in the area in front of the new attached garage to provide access. The lot is an irregular shape and has a lot width of 40.77 m and combined lot frontage of 23.5m.
Variances required:
1. To permit a 5.4 m front yard setback instead of the minimum required 11 m for proposed additions to an existing 2 storey dwelling.
2. To permit a 1.1 m front yard eave or gutter overhang encroachment from the wall of the dwelling instead of the maximum permitted 1 m for additions to a detached dwelling.
3. To permit a 1.1 m side yard eave or gutter overhang encroachment from the wall of the dwelling instead of the maximum permitted 0.5 m for additions to a detached dwelling.
4. To permit an attached garage with a garage door facing the street to project 1.6 m beyond the front wall of the dwelling whereas By-law 2020 does not permit the garage to project beyond the front wall of the first storey of the dwelling.
5. To permit a total hard surface width of 24.3 m instead of the maximum permitted 11.75 m for combined driveway and walkway widths for proposed additions to a detached dwelling.
Notes and Conditions:
Conditions:
1. A zoning clearance certificate is required for the proposed garage and breezeway additions to the existing dwelling.
2. Conservation Halton approval is required for the proposed attached garage and driveway expansion.
Notes:
1. The variances identified are based on the plans provided. Any changes to the plans resulting in additional variances will be the responsibility of the applicant to obtain.
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Site Planning
The subject property is located on the south side of Edgewater Crescent, which is south of North Shore Boulevard East and west of King Road. The site is located at the eastern dead end of Edgewater Crescent and abuts Lake Ontario to the south, a
residential property to the west, and part of a residential property as well as a municipal lot to the east. The applicant is proposing the construction of an attached garage and breezeway. The site currently supports a single detached two-storey dwelling with an attached two-car garage and covered front porch.
1) Official Plan Designation:
Does the proposed minor variance from the Zoning By-law maintain the general intent and purpose of the Official Plan?
Yes
The subject property is designated as “Residential – Low Density” in the City’s Official Plan (OP). This designation permits single-detached dwellings with a density of up to 25 units per net hectare. The Official Plan also requires new development to be compatible with the surrounding area. Part II, Section 6.5 a) of the Official Plan states that “The density, form, bulk, height, setbacks, spacing and materials of development
are to be compatible with its surrounding area.”
The applicant is proposing the construction of an attached garage and breezeway, which includes variances for a reduced front yard setback, garage projection, increased hardscape width, and increased eave encroachments. For new development to be considered compatible, it must not detract or cause an unreasonable negative impact to the existing neighbourhood and be able to co-exist in harmony with surrounding
development. This is largely achieved by way of massing, spatial separations, and a consistent built line, among other things. Staff notes that the area surrounding the subject property supports a mixture of lot sizes and shapes, as well as dwelling designs and sizes. Furthermore, the subject property supports an irregular frontage and unique lot configuration because of its frontage onto Lake Ontario and location on a dead end road.
The proposed breezeway and garage extend from the existing two-car garage toward the side lot line. There is a small shed on the adjacent property; however, staff notes that this portion of the adjacent property is the side yard not front yard. The proposed garage maintains the required side yard setbacks. While the proposed garage
encroaches closer to the front lot line, it only occurs at one point and increases away from this point. In addition to a reduced front yard setback, the proposed garage’s location projects in front of the existing dwelling. While staff typically discourage garage projections, in this case the proposed garage’s orientation is following the bend/dead
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end of Edgewater Crescent. Given the inconsistent built line and form along Edgewater Crescent, as well as the lot’s unique configuration, staff opines that the proposed garage will not detract from the surrounding area’s streetscape experience or compatibility.
With respect to the requested total hard surface width, staff do not anticipate any adverse effects to the surrounding streetscape or compatibility. Staff notes that the surrounding area is supported by a mixture of driveway designs and sizes, with many being circular. Additionally, given the property’s lot configuration the proposed driveway addition would extend east and not be located directly along the travelled portion of the streetscape. The requested driveway width would also provide safe access to the proposed garage. Since the proposed garage is not anticipated to pose negative impacts to the streetscape experience, coupled with the reasons noted above, staff opines that the proposed driveway modification is acceptable in this specific case. The applicant is also requesting a 1.1 m front yard eave overhang encroachment instead of the maximum 0.5 m, and a 1.1 m side yard eave overhang encroachment instead of the maximum 1 m. Staff is of the opinion that this is minor in nature and would not detract from the streetscape’s experience or compatibility.
Given the above, the proposed development is not anticipated to pose adverse effects to the surrounding streetscape experience or compatibility. Staff is of the opinion that all of the requested variances maintain the general intent and purpose of the Official Plan.
2) Zoning By-law Designation:
Does the proposed minor variance from the Zoning By-law maintain the general intent and purpose of the Zoning By-law?
Yes
The subject property is zoned as R2.1, low density residential, under the City’s Zoning By-Law 2020, as amended.
The applicant is requesting a variance to permit a 5.4m front yard setback instead of the minimum required 11m. The intent of front yard setbacks is to promote compatibility and mitigate adverse effects of massing on the surrounding streetscape and adjacent properties. As previously discussed, the area surrounding the subject property supports a mixture of lot shapes and sizes, as well as dwelling design and massing. The
proposed garage will extend from the existing two-car garage towards the subject property’s front and east side lot line. Although it extends closer to the front lot line, this reduced setback only occurs at one point and follows the natural bend/dead end of Edgewater Crescent. Furthermore, staff does not anticipate any negative impacts from
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the proposed garage extending towards the east side lot line. Even though there is a small shed located on the adjacent property, the proposed garage complies with the required side yard setbacks.
The applicant is also requesting a variance to permit an attached garage with a garage door facing the street to project 1.6 m beyond the front wall of the dwelling, whereas the Zoning By-law does not permit the garage to project beyond the front wall of the first storey of a dwelling. The intent of this regulation is to ensure that garages are not the main focal point of a dwelling by recessing the habitable portion of a dwelling behind the garage. Staff notes that this variance is generated due to the irregular front lot line and location of the existing garge. The orientation of the existing attached two-car garage extends from the dwelling on an angle towards the east side lot line. Due to the irregular front lot line and building orientation, the proposed garage technically faces the front lot line. However, staff notes that the proposed garage will extend to a portion of the property that is not directly in front of the street. Since the property is located at a dead end, the proposed garage will have a visual buffer from the streetscape consisting of coniferous trees.
With respect to the proposed driveway addition, the applicant requires a variance to permit a total hard surface width of 24.3 m instead of the maximum permitted 11.75 m for combined driveway and walkway widths. The intent of this regulation is to maintain a balance between paved and green front yard. Staff notes that the subject property’s existing total hard scape width is approximately 18.45m (including existing walkways) and therefore, the proposed development is increasing the existing hardscape by
approximately 5.85m. As previously discussed, the surrounding area supports a mixture of driveway sizes and designs with many being circular driveways. In this sense, the proposed driveway would not be out of keeping of the streetscape compatibility. With respect to the balance of paved and green front yard, the proposed driveway addition will maintain the existing green space that is visible from the street. Due to the irregular lot line and the property being located on a dead end, the proposed driveway addition extends beyond the street limits and is screened by coniferous trees.
Lastly, the applicant is also requesting a variance to permit a front yard 1.1 m eave overhang encroachment instead of the maximum permitted 0.5m, as well as a side yard 1.1 m eave overhang encroachment instead of the maximum permitted 1.0 m. The intent of regulations on overhang encroachments is to achieve consistency in built form as well as sufficient access for maintenance purposes. Staff is of the opinion that the proposed eave overhang encroachments are a minor deviation from the Zoning By-Law and would still allow the site to provide sufficient spatial separation and room for
maintenance purposes. Furthermore, since the garage will not be directly visible from the street, the proposed front yard eave encroachment is not anticipated to pose negative impacts to the streetscape compatibility.
Given the above, staff is of the opinion that the requested variances maintain the general intent and purpose of the Zoning By-Law.
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3) Desirability:
Is the proposed minor variance from the Zoning By-law desirable for the appropriate development or use of the land, building or structure?
Yes
Staff recommend that development comply with the Zoning By-Law where it is possible to do so. However, staff also recognizes that some specific properties have unique lot orientations and development context. In this instance, the proposed development is not anticipated to pose negative impacts to the subject property, adjacent properties or the surrounding streetscape. While the proposed garage extends towards the site’s front lot line and an adjacent property, it is not located directly in front of the street and complies with side yard setbacks. Staff is of the opinion that the subject property presents unique circumstances and find the variances to be desirable for the development of the lot.
4) Minor in Nature:
Is the proposed minor variance from the Zoning By-law considered minor in nature?
Yes
As previously noted, staff prefer development to comply with zoning regulations as closely as possible. The subject property presents unique circumstances that make additions or new development difficult. Although the proposed garage encroaches closer to the front lot line, this only occurs at one point and is a result of an irregular lot line/being located at a dead end. The proposed garage will not be located directly in front of the street and is accompanied by a visual buffer of coniferous trees. With respect to the proposed drive way addition, the existing driveway is approximately 18.45m (including walkways). The driveway addition is also screened by the coniferous trees and allows access to the proposed garage. Staff is of the opinion that the
requested variances are considered minor with regards to overall impact.
Cumulative Effects of Multiple Variances and Other Planning Matters:
Taken individually or collectively, the variances are within the scope of a minor variance application.
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Staff has reviewed the proposed variance in accordance with the Planning Act, the policies of the Official Plan and the requirements of the Zoning By-law and has no objection.
Staff notes that the subject property is located within Conservation Halton’s
approximate regulation limit. As such, staff defer such matters to Conservation Halton.
Date: March 11, 2020 Prepared By: Taylor MacDonald-Plummer
Site Engineering
Actual road width is equal to or greater than deemed road width (20m). No road widening required.
Date: January 20, 2020 Prepared By: A. Capone
Site Engineering has reviewed the proposed minor variances and has no objection. The applicant shall obtain a Grading and Drainage Certificate prior to Building Permit.
Date: February 27, 2020 Prepared By: A. Capone
Building
1. A Building Permit is required for all building construction.
2. Permit application drawings are to be prepared by a qualified designer as per Div. C., Section 3.2 - Qualifications of Designers and OBC 2012.
Date: March 4, 2020 Prepared By: Kathy Pavlou
Transportation Planning
Transportation Services has no concerns with this Minor Variance Application.
Date: March 2, 2020 Prepared By: Trevor Clark
Finance
Notice regarding Development Charges:
The owner, its successors and assigns, are hereby notified that City Development Charges may be payable in accordance with the applicable By-law 72-2004, as may be amended, upon issuance of a building permit, at the rate in effect on the date issued. For further information, the owner is advised to contact the City Building Department (905) 335-7731.
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Tax
All property taxes including penalty and interest must be paid.
This includes all outstanding balances plus current year taxes that have been billed but are not yet due. Local improvements must be commuted.
Date: February 21, 2020 Prepared By: L. Bray
Conservation Halton (CH)
Conservation Halton (CH) staff has reviewed the above-noted application as per our responsibilities under Ontario Regulation 162/06; the Provincial Policy Statement (PPS) (delegated responsibility for comments relating to provincial interests under Sections 3.1.1-3.1.7 inclusive); the Memorandum of Understanding (MOU, 1999) with Halton Region; and as a public body under the Planning Act. These responsibilities are not mutually exclusive. Comments that pertain to items contained in the MOU may also apply to areas regulated under Ontario Regulation 162/06.
The following comments relate to the items marked as “applicable” for this specific application. Comments under Ontario Regulation 162/06 are clearly identified and are requirements. Other comments are advisory.
Ontario Regulation 162/06 Applicable
Lake Ontario/Burlington Bay/Hamilton Harbour Shoreline Hazards &/or allowances
River and Stream Valley Hazards (flooding/erosion) &/or allowances Wetlands &/or Other Areas*
Hazardous Lands (Unstable Soil/Unstable Bedrock) CH Permit Requirements
One Window Delegated Authority under PPS
Natural Hazards (Sections 3.1.1-3.1.7 inclusive)
CA/MOU
Impacts on Lakes and Rivers Wildlife Habitat
Endangered & Threatened Species Fish Habitat
Stormwater Management (as per Schedule I) Sub-watershed Planning/Master Drainage Planning
Other Comments (as a Public Body)
Niagara Escarpment Plan Watershed Plan
Greenbelt Plan
Source Protection Plan
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Proposal
The applicant is proposing the construction of an attached garage and breezeway. The existing driveway is being widened in the area in front of the new attached garage to provide access. The lot is an irregular shape and has a lot width of 40.77 m and combined lot frontage of 23.5 m. The following variances are required as indicated by Zoning:
1. To permit a 5.4 m front yard setback instead of the minimum required 11 m for proposed additions to an existing 2 storey dwelling.
2. To permit a 1.1 m front yard eave or gutter overhang encroachment from the wall of the dwelling instead of the maximum permitted 1 m for additions to a detached dwelling.
3. To permit a 1.1 m side yard eave or gutter overhang encroachment from the wall of the dwelling instead of the maximum permitted 0.5 m for additions to a detached dwelling.
4. To permit an attached garage with a garage door facing the street to project 1.6 m beyond the front wall of the dwelling whereas By-law 2020 does not permit the garage to project beyond the front wall of the first storey of the dwelling.
5. To permit a total hard surface width of 24.3 m instead of the maximum permitted 11.75 m for combined driveway and walkway width for proposed additions to a detached dwelling.
Staff has reviewed the following document submitted with this application: ▪ Site and Grading Plan prepared by Altimap Land Surveyors Inc. signed and
stamped February 3, 2020;
▪ Site Plan prepared by Kevin Webster Designs Inc. dated January 6, 2020; and, ▪ Proposed Elevations and Proposed Floor Plans prepared by Kevin Webster
Designs Inc. dated December 12, 2019.
Recommendation
Staff has no objection to the approval of this Minor Variance Application, under the following condition:
1. That the applicant applies for and obtains a Revised Permit associated with CH File S/19/B/21 to acknowledge the revisions from the stamped approved drawings.
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Ontario Regulation 162/06
River and Stream Valley Hazards (flooding/erosion) &/or allowances
Lake Ontario/Burlington Bay/Hamilton Harbour Shoreline Hazards &/or allowances
The property is regulated by CH pursuant to Ontario Regulation 162/06 as it is adjacent to lands traversed by a tributary of Falcon Creek and contains the flooding and erosion hazards associated with that watercourse. CH regulates those hazards plus a 7.5 metre regulatory allowance from the limit of the greater hazard. The property is also adjacent to Lake Ontario. Through the review of the plans for development along the shoreline, CH seeks to ensure that waterfront development will generally be directed to areas outside of the hazardous lands. Hazardous lands are those lands adjacent to the shoreline of the Great Lakes – St. Lawrence River system, which are impacted by flooding, erosion, and/or dynamic beach hazards. The combination of these hazardous lands delineates the extent of the development setback and is determined on-site specific conditions.
Proposed Development
In advance of this Minor Variance Application, staff had been working with the applicant to ensure that the proposed development complies with the relevant policies pursuant to Ontario Regulation 162/06. The development associated with this Minor Variance Application is associated with CH Permit S/19/B/21. CH Permit # 7333 was issued on November 4, 2019 in support of this development.
Based on a review of the drawings submitted, the size and location of the proposed garage has changed from the CH staff approved drawings under CH Permit #7333.