FROM: RE: APPLICATION FOR MINOR VARIANCE TRAVIS AND ...

4
MUNICIPALITY OF THAMES CENTRE PLANNING & DEVELOPMENT SERVICES REPORT NO: PDS-014-20 FILE: A1/20 TO: Members of Committee of Adjustment FROM: Marc Bancroft, Director of Planning & Development Services MEETING DATE: June 22, 2020 RE: APPLICATION FOR MINOR VARIANCE TRAVIS AND KARLEIGH SCHRUDER (APPLICANTS) JAY ADAMS (AGENT) 142 QUEEN STREET, DORCHESTER 1. PURPOSE The purpose of the subject application is to provide relief from the Zoning By-law to permit the construction of a detached garage with a reduced exterior side yard depth. 2. BACKGROUND (see attached map) The subject property is an 800 square metre (0.19 ac) residential lot located on the north side of Queen Street on the east side of Ann Street in the village of Dorchester. The property contains a single detached dwelling serviced by municipal water and a private septic system. The lands are designated Residential according to the Thames Centre Official Plan and zoned Residential First Density (R1). The applicants are proposing to construct a single car detached garage in the rear yard that would be accessible from the existing driveway off Queen Street. No access from Ann Street is proposed. The garage is to be situated at least 1 metre (3.3 ft) from the exterior side lot line whereas the Zoning By-law requires an exterior side yard depth of at least 4.5 metres (14.7 ft). 3. ANALYSIS Section 45 of the Planning Act allows the Committee of Adjustment to grant relief from zoning by-law requirements subject to four tests, as follows: June 22, 2020 Page 1 of 4

Transcript of FROM: RE: APPLICATION FOR MINOR VARIANCE TRAVIS AND ...

MUNICIPALITY OF THAMES CENTRE

PLANNING & DEVELOPMENT SERVICES

REPORT NO: PDS-014-20 FILE: A1/20 TO: Members of Committee of Adjustment FROM: Marc Bancroft, Director of Planning & Development Services MEETING DATE: June 22, 2020

RE: APPLICATION FOR MINOR VARIANCE TRAVIS AND KARLEIGH SCHRUDER (APPLICANTS) JAY ADAMS (AGENT) 142 QUEEN STREET, DORCHESTER

1. PURPOSE • The purpose of the subject application is to provide relief from the Zoning By-law

to permit the construction of a detached garage with a reduced exterior side yard depth.

2. BACKGROUND (see attached map)

• The subject property is an 800 square metre (0.19 ac) residential lot located on the north side of Queen Street on the east side of Ann Street in the village of Dorchester. The property contains a single detached dwelling serviced by municipal water and a private septic system. The lands are designated Residential according to the Thames Centre Official Plan and zoned Residential First Density (R1).

• The applicants are proposing to construct a single car detached garage in the rear yard that would be accessible from the existing driveway off Queen Street. No access from Ann Street is proposed. The garage is to be situated at least 1 metre (3.3 ft) from the exterior side lot line whereas the Zoning By-law requires an exterior side yard depth of at least 4.5 metres (14.7 ft).

3. ANALYSIS

• Section 45 of the Planning Act allows the Committee of Adjustment to grant relief from zoning by-law requirements subject to four tests, as follows:

June 22, 2020 Page 1 of 4

Memo – Members of Committee of Adjustment A1/20 – Schruder Page 2 Is the variance considered minor in nature? YES • Unacceptable adverse impacts on neighbouring lands are not anticipated

considering existing trees and fencing surrounding the property are proposed to remain. The detached garage would complement the existing dwelling, and as such the effects of this variance would be considered minor in nature.

Is the variance an appropriate use of the land? YES • Detached garages are characteristic of residential uses in this neighbourhood. The

proposed detached garage is an appropriate use of the land and is in keeping with the character of the area.

Does the variance maintain the intent of the Official Plan? YES

• Under the Residential designation, permitted uses include residential uses and

buildings accessory thereto. With the proposed detached garage being an accessory building to the single detached dwelling, the intent of the Plan would be maintained.

Does the variance maintain the intent of the Zoning By-law? YES

• The intent of the exterior side yard requirement is to promote public safety as it

relates to the safe passage of vehicles and pedestrians on adjacent streets and to ensure that the parking of vehicles on driveways is wholly contained without encroachment onto the road allowance. The foregoing would not be compromised as no new access is proposed off Ann Street in that the proposed garage would be accessible from the existing driveway. The intent of this requirement is to also promote orderly built form through the creation of a consistent building line, which would not be compromised as the building line for the proposed detached garage would remain generally consistent with the existing detached garage located on the abutting property.

3.1 Agency Comments In the circulation of the notice of public hearing to prescribed agencies, the

following comments were received: 3.1.1 County Engineer: No comment. 3.1.2 UTRCA: No objections.

June 22, 2020 Page 2 of 4

Memo – Members of Committee of Adjustment A1/20 – Schruder Page 3

3.1.3 Drainage Superintendent: No comment.

3.1.4 Chief Building Official:

Considering there is no record on file to confirm the location of the septic system, the owners will need to confirm that the new accessory structure will not interfere with the current system.

3.2 Public Comments

In the circulation of the notice of public hearing to surrounding property owners, no concerns have been received from the public as of the date of this report.

4. RECOMMENDATION

THAT application A1/20 by Jay Adams on behalf of Travis and Karleigh Schruder to permit a reduced exterior side yard depth of at least 1 metre to facilitate the construction of a detached garage, be approved subject to the following conditions:

i) That no new driveway be permitted on Ann Street. ii) That the owners confirm that the proposed accessory building will not

interfere with the location of the septic system to the satisfaction of the Municipality’s Chief Building Official.

REASONS • The general intent and purpose of the Official Plan would be maintained; • The general intent and purpose of the Zoning By-law would be maintained; • The effects of the variance are considered minor in nature; and • The variance is desirable for the appropriate use and development of the land.

Prepared by: Marc Bancroft, Director of Planning & Development Services Reviewed by: Mike Henry, Chief Administrative Officer

June 22, 2020 Page 3 of 4

Disclaimer: This map is for illustrative purposes only. Do not rely on it as being a precise indicator of routes, locations of features, nor as a guide to navigation.

ORTHOPHOTOGRAPHY: SWOOP 2015

March 2020

49

4745

43

43

139

150148144142

130

129 153141131 135

4141

41334125

411941134101

QUEEN STREET

HAMILTON ROADAN

N STR

EET

Municipality of THAMES CENTRE

1:8000 8 16 24 324

Metres ²

APPLICATION FOR MINOR VARIANCE A1/20 Applicants: Travis and Karleigh ShruderAgent: Jay AdamsLocation: 142 Queen Street, Dorchester

SUBJECT LANDS

June 22, 2020 Page 4 of 4