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COMMITTEE OF ADJUSTMENT December 19, 2016 Please ensure that cell phones and personal digital assistants (PDAs) are set to an inaudible function during Committee Meetings

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Page 1: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

COMMITTEE OF ADJUSTMENT December 19, 2016 Please ensure that cell phones and personal digital assistants (PDAs) are set to an inaudible function during Committee Meetings

Page 2: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

COMMITTEE OF ADJUSTMENT

Meeting #24 Monday December 19, 2016 TIME OF MEETING: 6:30 P.M. PLACE OF MEETING: Room 247 2nd Floor City Hall

AGENDA DECLARATION OF INTEREST: HEARING NO. TIME FILE NO. 540-02- APPLICANT 1) 6:30 P.M. A-122/16 Re: 1012 Marley Cres.,

Burlington Pages 1-5 Ward 1

2) 6:30 P.M. A-127/16 Re: 415 Rosslyn Dr., Burlington Pages 6-10 Ward 4

3) 6:30 P.M. A-128/16 Re: 3117 Centennial Dr., Burlington Pages 11-18 Ward 4

4) 6:30 P.M. A-132/16 Re: 300 Silvana Cres., Burlington Pages 19-23 Ward 4

5) 6:30 P.M. A-136/16 Re: 2083 Maria St., Burlington Pages 24-29 Ward 2

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 1

HEARING NO. 1 - 6:30 P.M.

File 540-02-A-122/16

PROPERTY: 1012 Marley Cres., PLAN 789 LOT 27 City of Burlington - Regional Municipality of Halton.

VARIANCES: 1) To permit a front yard setback of 9.1 m whereas the by-law requires a minimum 11 m front yard setback for the proposed two storey garage and second storey addition over the existing dwelling

2) To permit a front yard setback of 8.7 m whereas the by-law requires a minimum 9.4 m (11 m – 0.65 m encroachment allowance) for the proposed second storey bay window projection

3) To permit a front yard setback of 7.9 m whereas the by-law requires a minimum 10.35 m (11 m – 0.65 m encroachment allowance) for the proposed front roofed-over porch

4) To permit a front yard setback of 8.2 m whereas the by-law requires a minimum 9.4 m (11 m – 1.6 m encroachment allowance) for the proposed garage roof overhang

5) To permit a south side yard setback of 1.7 m whereas the by-law requires a minimum 2.29 m for the proposed two storey garage addition

Page 4: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 2

STAFF REPORTS: PLANNING AND BUILDING DEPARTMENT COMMENTS Committee of Adjustment There are no previous land division or minor variance applications on record for this property. Date: September 19, 2016 Prepared By: Amanda D’Angelo Zoning The applicant is proposed a 2 storey garage addition and a second storey over the existing dwelling. Variance required:

1) To permit a front yard setback of 9.1 m whereas the by-law requires a minimum 11 m front yard setback for the proposed two storey garage and second storey addition over the existing dwelling

2) To permit a front yard setback of 8.7 m whereas the by-law requires a minimum 9.4 m (11 m – 0.65 m encroachment allowance) for the proposed second storey bay window projection

3) To permit a front yard setback of 7.9 m whereas the by-law requires a minimum 10.35 m (11 m – 0.65 m encroachment allowance) for the proposed front roofed-over porch

4) To permit a front yard setback of 8.2 m whereas the by-law requires a minimum 9.4 m (11 m – 1.6 m encroachment allowance) for the proposed garage roof overhang

5) To permit a south side yard setback of 1.7 m whereas the by-law requires a minimum 2.29 m for the proposed two storey garage addition

Notes: • A Zoning clearance certificate is required for the proposed new dwelling.

o At time of zoning clearance, applicant to properly show the lot width at 9.1 m

• Zoning comments based upon the submitted plans only. Any additional variances determined through further reviews will be the applicant’s responsibility.

Date: October 6, 2016 Prepared By: Mark Dalrymple

Page 5: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 3

Site Planning 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 “Residential – Low Density” within the City’s Official Plan. Single-detached housing units up to a maximum density of 25 units per net hectare are permitted in this designation. The Official Plan also requires new residential development to be compatible with surrounding properties in terms of siting, massing, and overall design. In this case, the proposed setback variances would maintain compatibility with the adjacent residential uses. The additions would result in setbacks that are in keeping with the character of the surrounding neighbourhood. Staff considers the proposed front yard setbacks and the south side yard setback to be compatible with surrounding development and consistent with the objectives 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 applicant requires five variances to allow the addition to the existing single-detached dwelling. The proposed front yard setback is 9.1 m instead of the required 11 m, with the second-storey bay window, roofed-over porch, and garage roof overhang further encroaching 0.4 m (8.7 m setback), 1.2 m (7.9 m setback), and 0.9 m (8.2 m setback), respectively, into the required front yard setback. The intent of the 11 m front yard setback requirement is to deter overbuilding on lots within mature, stable neighbourhoods and also to ensure that new development incorporates space as a design element. The proposed front yard setback does not differ from the existing front yard setback, which is legal non-conforming. Furthermore, the second-storey bay window and roofed-over porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead of the required 2.29 m. The intent of the side yard setback requirement is to ensure that suitable access to the rear yard of the house and adequate space for

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 4

drainage is achieved. The proposed south side yard setback does not interfere with the neighbouring property, and similar side yard setbacks can be found in the surrounding neighbourhood. The reduced side yard setback variance also facilitates added functionality to the home, allowing for the addition of the garage. Staff is of the opinion that the intent of the by-law regulation as it applies to the house, and the bay window, porch, and garage additions will be maintained. 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 The variances are desirable to allow for additions to the existing house that are compatible with surrounding development and that also maintain an appropriate balance between built form and appropriate spacing within the neighbourhood. The variances also allow for design and functional elements that add to the visual quality of the streetscape and increase the utility of the existing home. 4) Minor in Nature:

Is the proposed minor variance from the Zoning By-law considered minor in nature? Yes The variances are considered minor as they do not pose a large impact to any surrounding use or the overall streetscape. The scope of the variances is minor. Cumulative Effects of Multiple Variances and Other Planning Matters: N/A Recommendation: Staff has reviewed the proposed variances in accordance with the Planning Act, the policies of the Official Plan and the requirements of the Zoning By-law and has no objection. Date: November 17, 2016 Prepared By: Paul Klassen

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 5

Site Engineering Actual road width is equal to or greater than deemed road width (20m) No road widening required. Date: September 21, 2016 Prepared By:A. Capone Site Engineering has reviewed the minor variances and has no objections. Date: November 22 2016 Prepared By: A. Scott 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: November 18, 2016 Prepared By: Kathy Pavlou Transportation Planning Transportation Planning has reviewed the application and has no objections to the proposed variances. Date: November 22, 2016 Prepared By: John Zaloznik 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. Tax Pay all property taxes owing. The taxes owing includes any outstanding balances plus current year taxes that have been billed to the satisfaction of the Director of Finance. Local improvement must be commuted. Date: Nov 9, 2016 Prepared By: L. Bray

Page 8: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

(905) 335-7629 (905) 335-7880 [email protected] FILE NO. 540-02-A-122/16

Committee of Adjustment

December 5, 2016

NOTICE OF PUBLIC HEARING The owners of 1012 Marley Cres. Burlington have applied to the Committee of Adjustment for a Minor Variance to the requirements of Zoning By-law 2020, as amended (see attached key map). The applicant is proposing a 2 storey garage addition and a second storey over the existing dwelling. This proposal results in the following variances (for your assistance see the attached sketch):

1) To permit a front yard setback of 9.1 m whereas the by-law requires a minimum 11 m front yard setback for the proposed two storey garage and second storey addition over the existing dwelling

2) To permit a front yard setback of 8.7 m whereas the by-law requires a minimum 9.4 m (11 m – 0.65 m encroachment allowance) for the proposed second storey bay window projection

3) To permit a front yard setback of 7.9 m whereas the by-law requires a minimum 10.35 m (11 m – 0.65 m encroachment allowance) for the proposed front roofed-over porch

4) To permit a front yard setback of 8.2 m whereas the by-law requires a minimum 9.4 m (11 m – 1.6 m encroachment allowance) for the proposed garage roof overhang

5) To permit a south side yard setback of 1.7 m whereas the by-law requires a minimum 2.29 m for the proposed two storey garage addition

You have received this notice as your property is within 60 metres of the property noted above. The Committee of Adjustment will meet on MONDAY DECEMBER 19, 2016, at City Hall Room 247, 2nd Floor, to consider the above application under Section 45 of the Planning Act, 1990, as amended. This application is scheduled to be heard at 6:30 P.M. You may attend the meeting and/or submit written comments (email or letter) to the Committee. If you are submitting comments in advance of the meeting please attempt to submit them by the Thursday Prior to the Hearing Date, so that they can be given to Committee Members in advance of the meeting. Please email or your send letter to the undersigned. A copy of the Agenda, containing staff reports, can be obtained from the Committee of Adjustment, 2nd Floor, City Hall, on or after TUESDAY DECEMBER 13, 2016, between 8:30 a.m. and 4:30 p.m. If you wish to be notified of the decision of the Committee of Adjustment in respect to this application, you must submit a written request to the Secretary-Treasurer of the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. The applicant is advised it is mandatory that either the applicant or an authorized agent be present at the hearing.

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Any submissions or for more information about this matter, contact Sean Kenney, Secretary Treasurer, [email protected] or visit the City of Burlington Planning Department, 426 Brant Street Burlington ON L7R 3Z6

Yours truly, Sean Kenney

Sean Kenney Secretary-Treasurer Committee of Adjustment

Personal information including comments and public feedback, is collected under the legal authority of the Planning Act, R.S.O. 1990, Chapter c. P.13, as amended, and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, as amended, which will be used to process the application and in the decision making process and becomes the property of the City of Burlington, and is considered to be a public record and will be disclosed to any individual (including being posted on the internet) upon request. Questions about this collection should be directed to the Secretary-Treasurer, Burlington Committee of Adjustment, Planning And Building Department, 426 Brant Street, P.O. Box 5013, Burlington, Ontario; L7R 3Z6 (905) 335-7629.

Key Map

Page 10: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

*The drawings are provided for context only and full plans are available to view at the Planning Dept. as per the accompanying letter

Marley Crescent

Variance 1

Variance 2

Variance 3 Variance 4

Variance 5

Page 11: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

City of Burlington

Date

Department

Comments

Monday, September 19, 2016

Planning - Committee of Adjustment

1012 Marley Cres.

25.4050.8 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

1,000.001 :

Page 12: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

City of Burlington

Date

Department

Comments

Monday, September 19, 2016

Planning - Committee of Adjustment

1012 Marley Cres.

25.4050.8 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

1,000.001 :

Page 13: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 6

HEARING NO. 2 - 6:30 P.M..

File 540-02-A-127/16

PROPERTY: 415 Rosslyn Dr., PLAN 1242 LOT 8 City of Burlington - Regional Municipality of Halton.

VARIANCES: 1) To permit a 7.4 m front yard setback instead of the minimum 11 m for a proposed 2 storey detached dwelling

2) To permit a 7.9 m front yard setback instead of the minimum 10.35 m (11 m – 0.65 m encroachment allowance) for the proposed front porch

Page 14: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 7

STAFF REPORTS: PLANNING AND BUILDING DEPARTMENT COMMENTS Committee of Adjustment There are no previous land division or minor variance applications on record for this property. Date: October 4, 2016 Prepared By: Amanda D’Angelo Zoning The applicant is proposing a new 2 storey dwelling. Variances required:

1) To permit a 7.4 m front yard setback instead of the minimum 11 m for a proposed 2 storey detached dwelling

2) To permit a 7.9 m front yard setback instead of the minimum 10.35 m (11 m – 0.65 m encroachment allowance) for the proposed front porch

Notes:

• A zoning clearance will be required for the proposed dwelling. At time of zoning clearance issuance the following will be required:

o For zoning clearance certificate a stamped proposed building location survey will be required verifying lot coverage, setbacks and dwelling height measured from fixed grade.

• Comments based upon the plans submitted. Any additional variances determined through further reviews are the applicant’s responsibility.

Date: October 27, 2016 Prepared By: Mark Dalrymple

Site Planning 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 “Residential – Low Density” within the City’s Official Plan. Single-detached housing units up to a maximum density of 25 units per net hectare are permitted in this designation.

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 8

The Official Plan also requires new residential development to be compatible with surrounding properties in terms of siting, massing, and overall design. In this case, the proposed setback would maintain front yard space in a similar manner as the surrounding development. Furthermore, the variances would allow for the siting of the house in a manner that would retain an existing mature tree at the front of the property. Mature trees also add to the character of an area. Staff considers the proposed variances as meeting the intent 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 applicant requires two variances to allow the construction of a new single detached dwelling. The house will maintain a front yard setback of 7.4 m instead of the required 11 m. The front porch will maintain a 7.9 m setback instead of the required 10.35 m (11 m – 0.65 m encroachment allowance). The intent of the 11 m setback requirement is to deter overbuilding on lots within mature stable neighbourhoods and also to ensure that new development incorporates space as a design element. In this case, the front yard and front porch setbacks suitably align the new home with homes on Rossyln Drive to the east, ensuring the continuity of the established streetscape design. Due to the irregular shape and corner lot position of the property, the proposed setbacks are measured from the midpoint of the radius that forms part of the property line to the nearest corners of the house and porch projections. The proposed setback values increase across the front yard of the property, allowing for more front yard space than the variance would indicate at first glance. Furthermore, a mature tree will be preserved at the front of the lot, retaining a valuable element of this mature neighbourhood. Staff is of the opinion that the intent of the by-law regulation as it applies to the house and the porch feature will be maintained. 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 The variances are desirable for the appropriate development of a new house that is compatible with surrounding development and maintains consistent streetscape character and spacing in a mature neighbourhood. The variance for the front porch

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 9

setback is desirable to allow for a positive design element that enhances the visual quality of the streetscape. 4) Minor in Nature:

Is the proposed minor variance from the Zoning By-law considered minor in nature? Yes The variances are considered minor as they do not pose a large impact to any surrounding use or the overall streetscape. The scope of the variances is minor. Cumulative Effects of Multiple Variances and Other Planning Matters: N/A Recommendation: Staff has reviewed the proposed variances in accordance with the Planning Act, the policies of the Official Plan and the requirements of the Zoning By-law and has no objection. Date: November 17, 2016 Prepared By: Paul Klassen Site Engineering Actual road width is equal to or greater than deemed road width (20m) No road widening required. Date: October 4, 2016 Prepared By: A. Capone Site Engineering has no ojbection to the variance. Note: Site Engineering requires a grading and drainage plan prior to a building permit being issued. Date: November 18, 2016 Prepared By: Carol Gulak 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: November 18, 2016 Prepared By: Kathy Pavlou

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 10

Transportation Planning Transportation Planning has the reviewed the application and has no objection to the variances proposed. Date: November 22, 2016 Prepared By: John Zaloznik 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. Tax Pay all property taxes owing. The taxes owing includes any outstanding balances plus current year taxes that have been billed to the satisfaction of the Director of Finance. Local improvement must be commuted. Date: Nov 10/2016 Prepared By: L. Bray

Page 18: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

(905) 335-7629 (905) 335-7880 [email protected] FILE NO. 540-02-A-127/16

Committee of Adjustment December 5, 2016

NOTICE OF PUBLIC HEARING The owners of 415 Rosslyn Drive, Burlington have applied to the Committee of Adjustment for a Minor Variance to the requirements of Zoning By-law 2020, as amended (see attached key map). The applicant is proposing a new 2 storey dwelling. This proposal results in the following variances (for your assistance see the attached sketch):

1) To permit a 7.4 m front yard setback instead of the minimum 11 m for a proposed 2 storey detached dwelling

2) To permit a 7.9 m front yard setback instead of the minimum 10.35 m (11 m – 0.65 m encroachment allowance) for the proposed front porch

You have received this notice as your property is within 60 metres of the property noted above. The Committee of Adjustment will meet on MONDAY DECEMBER 19, 2016, at City Hall Room 247, 2nd Floor, to consider the above application under Section 45 of the Planning Act, 1990, as amended. This application is scheduled to be heard at 6:30 P.M. You may attend the meeting and/or submit written comments (email or letter) to the Committee. If you are submitting comments in advance of the meeting please attempt to submit them by the Thursday Prior to the Hearing Date, so that they can be given to Committee Members in advance of the meeting. Please email or your send letter to the undersigned. A copy of the Agenda, containing staff reports, can be obtained from the Committee of Adjustment, 2nd Floor, City Hall, on or after Tuesday December 13, 2016, between 8:30 a.m. and 4:30 p.m. If you wish to be notified of the decision of the Committee of Adjustment in respect to this application, you must submit a written request to the Secretary-Treasurer of the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. The applicant is advised it is mandatory that either the applicant or an authorized agent be present at the hearing. Any submissions or for more information about this matter, contact Sean Kenney, Secretary Treasurer, [email protected] or visit the City of Burlington Planning Department, 426 Brant Street Burlington ON L7R 3Z6 Yours truly, Sean Kenney Sean Kenney Secretary-Treasurer Committee of Adjustment Personal information including comments and public feedback, is collected under the legal authority of the Planning Act, R.S.O. 1990, Chapter c. P.13, as amended, and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, as amended, which will be used to process the application and in the decision making process and becomes the property of the City of Burlington, and is considered to be a public record and will be disclosed to any individual (including being posted on the internet) upon request. Questions about this collection should be directed to the Secretary-Treasurer, Burlington Committee of Adjustment, Planning And Building Department, 426 Brant Street, P.O. Box 5013, Burlington, Ontario; L7R 3Z6 (905) 335-7629.

Page 19: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

Key Map

Page 20: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

*The drawings are provided for context only and full plans are available to view at the Planning Dept. as per the accompanying letter

Variance 1

Variance 2

Page 21: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

City of Burlington

Date

Department

Comments

Tuesday, October 04, 2016

Planning - Committee of Adjustment

415 Rosslyn Drive

15.8831.8 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

625.001 :

Page 22: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

City of Burlington

Date

Department

Comments

Tuesday, October 04, 2016

Planning - Committee of Adjustment

415 Rosslyn Drive

15.8831.8 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

625.001 :

Page 23: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 11

HEARING NO. 3 - 6:30 P.M.

File 540-02-A-128/16

PROPERTY: 3117 Centennial Dr., PLAN M48 LOT 263 City of Burlington - Regional Municipality of Halton.

VARIANCES: 1. To permit a 1.1 m west side yard setback instead of the minimum required 1.2 m for a proposed garage addition on an existing detached dwelling.

2. To permit a 1.1 m east side yard setback instead of the minimum required 1.8 m for renovations to the existing first floor and the proposed second storey addition on an existing detached dwelling.

3. To permit a 0.6 m west side yard eave and gutter encroachment instead of the maximum permitted 0.5 m for proposed additions to an existing detached dwelling.

4. To permit a 0.7 m east side yard eave and gutter encroachment instead of the maximum permitted 0.5 m for proposed additions to an existing detached dwelling.

5. To permit a 4.7 m front yard setback instead of the minimum required 5.35 m for proposed front porch including steps on an existing detached dwelling.

Page 24: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 12

STAFF REPORTS: PLANNING AND BUILDING DEPARTMENT COMMENTS Committee of Adjustment There are no previous land division or minor variance applications on record for this property. Date: October 17, 2016 Prepared By: Amanda D’Angelo Zoning The applicant is proposing the construction of a new second storey and a single storey garage on an existing detached dwelling with side yard setbacks of 1.18 m and a front porch setback of 4.72 m. Variances required:

1. To permit a 1.1 m west side yard setback instead of the minimum required 1.2 m for a proposed garage addition on an existing detached dwelling.

2. To permit a 1.1 m east side yard setback instead of the minimum required 1.8 m for renovations to the existing first floor and the proposed second storey addition on an existing detached dwelling.

3. To permit a 0.6 m west side yard eave and gutter encroachment instead of the maximum permitted 0.5 m for proposed additions to an existing detached dwelling.

4. To permit a 0.7 m east side yard eave and gutter encroachment instead of the maximum permitted 0.5 m for proposed additions to an existing detached dwelling.

5. To permit a 4.7 m front yard setback instead of the minimum required 5.35 m for proposed front porch including steps on an existing detached dwelling.

Notes:

1. A zoning clearance certificate is required for the proposed addition 2. The variances identified are based on the plans provided, date stamped received

by Committee of Adjustment October 31, 2016. Any changes to the plans resulting in additional variances will be the responsibility of the applicant to obtain.

3. Conservation Halton approval is required. Date: November 11, 2016 Prepared By: C. Lipnicky

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 13

Site Planning 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 “Residential – Low Density” within the City’s Official Plan. Single-detached housing units up to a maximum density of 25 units per net hectare are permitted in this designation. The Official Plan requires new residential development to be compatible with surrounding properties in terms of siting, massing, and overall design. In this case, the proposed setback variances would maintain compatibility with the adjacent residential uses. The proposed garage addition will be constructed in place of the existing car port, which does not result in a significant, additional impact on the property to the west. The existing east wall will be retained and re-clad, posing little to no additional impact on the property to the east. Furthermore, the proposed eave and gutter and porch encroachments do not raise any compatibility concerns. Staff is of the opinion that the proposed variances are in keeping with the character of the surrounding neighbourhood. 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 applicant requires five variances to allow the additions to the existing single-detached dwelling. The application contemplates a west side yard setback of 1.1 m instead of the required 1.2 m. The proposed east side yard setback is 1.1 m instead of the required 1.8 m. The proposed eave and gutter encroachments for the west and east side yards are 0.6 m and 0.7 m, respectively, instead of the maximum permitted encroachment of 0.5 m. The side yard setback requirements are in place to ensure that suitable access to the rear yard of the property and adequate space for drainage is achieved. Currently, a car port exists at the west side of the house. The proposed garage represents a formal addition to the home with a similar footprint to the car port. It should be noted that only the rear corner of the garage addition extends beyond the setback requirement. The side yard setback of the garage and its eave and gutter projection increases towards the front of the garage. On the east side of the home, the change from the existing wall setback

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 14

value is only due to the addition of new cladding to the existing wall. The proposed eave and gutter encroachments do not impose unreasonably on the neighbouring property. The proposed setback for the front porch, including the proposed steps, is 4.7 m instead of the required 5.35 m. Because the steps leading to the porch constitute the encroachment, the impact is minimal and does not unreasonably detract from front yard space or the consistency of the streetscape. The front porch and steps represent a positive design element, adding visual interest to the home. Staff is of the opinion that the intent of the by-law regulation will be maintained as it applies to the garage addition, the proposed eave and gutter projections, and the front porch and steps. 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 The variances are desirable to allow for additions to the existing house that are compatible with surrounding development and that also maintain an appropriate balance between built form and appropriate spacing within the neighbourhood. The variances also allow for a positive design feature and increase the utility of the existing home. 4) Minor in Nature:

Is the proposed minor variance from the Zoning By-law considered minor in nature? Yes The variances are considered minor as they do not pose a large impact to any surrounding use or the overall streetscape. The scope of the variances is minor. Cumulative Effects of Multiple Variances and Other Planning Matters: N/A Recommendation: Staff has reviewed the proposed variances in accordance with the Planning Act, the policies of the Official Plan and the requirements of the Zoning By-law and has no objection. Date: November 22, 2016 Prepared By: Paul Klassen

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 15

Site Engineering Actual road width is equal to or greater than deemed road width (20m) No road widening required. Date: October 18, 2016 Prepared By: A. Capone Site Engineering has reviewed the proposed minor variances and has no objections. Note: Site Engineering will require grading and drainage plans, for approval, prior to a building permit being issued. Date: November 23, 2016 Prepared By: J. McIsaac 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: November 23, 2016 Prepared By: Kathy Pavlou Transportation Planning Transportation Planning has reviewed the application and has no objection to the proposed variances. Date: November 22, 2016 Prepared By: John Zaloznik 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. Tax Pay all property taxes owing. The taxes owing includes any outstanding balances plus current year taxes that have been billed to the satisfaction of the Director of Finance. Local improvement must be commuted. Date: Nov 14, 2016 Prepared By: L. Bray

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 16

Conservation Halton Re: Application for Minor Variance

File: 540-02-A-128/16 3117 Centennial Drive, City of Burlington Jaroslaw Jarzebski (Owner/Applicants)

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 Hamilton Harbour Remedial Action Plan

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 17

Proposal The purpose of the above-noted Minor Variance Application is to permit the construction of a new second storey and a single storey garage on an existing detached dwelling with side yard setbacks of 1.18 metres and a front porch setback of 4.72 metres. The following variances are required as indicated by Zoning: 1. To permit a 1.1 metre west side yard setback instead of the minimum required 1.2

metres for a proposed garage addition on an existing detached dwelling. 2. To permit a 1.1 metre east side yard setback instead of the minimum required 1.8

metres for renovations to the existing first floor and the proposed second storey addition on an existing detached dwelling.

3. To permit a 0.6 metre west side yard eave and gutter encroachment instead of the maximum permitted 0.5 metre for proposed additions to an existing detached dwelling.

4. To permit a 0.7 metre east side yard eave and gutter encroachment instead of the maximum permitted 0.5 metre for proposed additions to an existing detached dwelling.

5. To permit a 4.7 metre front yard setback instead of the minimum required 5.35 metre for proposed front porch including steps on an existing detached dwelling.

Ontario Regulation 162/06 River and Stream Valley Hazards (flooding/erosion) &/or allowances The subject property is adjacent to lands containing a tributary of Roseland Creek. Specifically, in this area the regulated watercourse is considered to be contained beneath Centennial Drive. The aforementioned has been confirmed as per the Roseland Creek Flood Control Class EA prepared by Philips Engineering. Conservation Halton regulates that watercourse and an additional 7.5 metres from that feature. As such, a portion of the subject property is considered to contain a portion of that 7.5 metre regulatory limit, from the contained watercourse. Based on a review of the Survey and Site Statistics submitted with this application, staff are of the opinion that the proposed second storey addition, single storey garage, and front porch will be located in the portion of the property not considered to be regulated. In light of the above, staff have no concern with the proposed development and/or the variances requested. CH Permit Requirements Conservation Halton has no objection to the issuance of a building permit for the proposed works as shown on the attached plans submitted with this application.

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 18

MNRF/MMAH/CA MOU and CA/Halton MOU PPS - Natural Hazards As per Policy 4.2.3 of Conservation Halton’s Policies and Guidelines for the Administration of Ontario Regulation 162/06, staff works with the applicant and municipality to ensure no new development, be permitted within the flooding and erosion hazard limits, that would be contrary to the Provincial Policy Statement and/or Conservation Halton policies. While specific comments relating to Natural Hazards can be found under the heading ‘Ontario Regulation 162/06’, staff are able to confirm that the proposed development meets the PPS and Conservation Halton Policy. Staff have no further comment in this regard. Conclusion Based on the above, Conservation Halton has no objection to the approval of the above-noted Minor Variance application and no objection to the issuance of a building permit for the proposed works. We trust the above is of assistance. If you have any further questions, please contact the undersigned at extension 2301. Yours truly, Original Signed Cassandra Connolly Environmental Planning Analyst

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(905) 335-7629 (905) 335-7880

[email protected] FILE NO. 540-02-A-128/16

Committee of Adjustment December 5, 2016

NOTICE OF PUBLIC HEARING

The owner of 3117 Centennial Dr. Burlington has applied to the Committee of Adjustment for a Minor Variance to the requirements of Zoning By-law 2020, as amended (see attached key map).

The applicant is proposing the construction of a new second storey and a single storey garage on an existing detached dwelling. This proposal results in the following variances (for your assistance see the attached sketch):

1. To permit a 1.1 m west side yard setback instead of the minimum required 1.2 m for a proposedgarage addition on an existing detached dwelling.

2. To permit a 1.1 m east side yard setback instead of the minimum required 1.8 m for renovationsto the existing first floor and the proposed second storey addition on an existing detacheddwelling.

3. To permit a 0.6 m west side yard eave and gutter encroachment instead of the maximumpermitted 0.5 m for proposed additions to an existing detached dwelling.

4. To permit a 0.7 m east side yard eave and gutter encroachment instead of the maximumpermitted 0.5 m for proposed additions to an existing detached dwelling.

5. To permit a 4.7 m front yard setback instead of the minimum required 5.35 m for proposed frontporch including steps on an existing detached dwelling.

You have received this notice as your property is within 60 metres of the property noted above. The Committee of Adjustment will meet on MONDAY DECEMBER 19, 2016, at City Hall Room 247, 2nd Floor, to consider the above application under Section 45 of the Planning Act, 1990, as amended. This application is scheduled to be heard at 6:30 P.M. You may attend the meeting and/or submit written comments (email or letter) to the Committee. If you are submitting comments in advance of the meeting please attempt to submit them by the Thursday Prior to the Hearing Date, so that they can be given to Committee Members in advance of the meeting. Please email or your send letter to the undersigned.

A copy of the Agenda, containing staff reports, can be obtained from the Committee of Adjustment, 2nd Floor, City Hall, on or after TUESDAY DECEMBER 13, 2016, between 8:30 a.m. and 4:30 p.m.

If you wish to be notified of the decision of the Committee of Adjustment in respect to this application, you must submit a written request to the Secretary-Treasurer of the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public.

The applicant is advised it is mandatory that either the applicant or an authorized agent be present at the hearing.

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Any submissions or for more information about this matter, contact Sean Kenney, Secretary Treasurer, [email protected] or visit the City of Burlington Planning Department, 426 Brant Street Burlington ON L7R 3Z6 Yours truly, Sean Kenney Sean Kenney Secretary-Treasurer Committee of Adjustment Personal information including comments and public feedback, is collected under the legal authority of the Planning Act, R.S.O. 1990, Chapter c. P.13, as amended, and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, as amended, which will be used to process the application and in the decision making process and becomes the property of the City of Burlington, and is considered to be a public record and will be disclosed to any individual (including being posted on the internet) upon request. Questions about this collection should be directed to the Secretary-Treasurer, Burlington Committee of Adjustment, Planning And Building Department, 426 Brant Street, P.O. Box 5013, Burlington, Ontario; L7R 3Z6 (905) 335-7629.

Key Map

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*The drawings are provided for context only and full plans are available to view at the Planning Dept. as per the accompanying letter

Centennial Drive

Variance 1

Variance 2

Variance 3

Variance 4

Variance 5

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City of Burlington

Date

Department

Comments

Thursday, October 06, 2016

Planning-Committee of Adjustment

3117 Centennial Drive

7.9415.9 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

312.501 :

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City of Burlington

Date

Department

Comments

Thursday, October 06, 2016

Planning-Committee of Adjustment

3117 Centennial Drive

15.8831.8 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

625.001 :

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 19

HEARING NO. 4 - 6:30 P.M.

File 540-02-A-132/16

PROPERTY: 300 Silvana Cres., PLAN 1349 LOT 13 RP 20R16177 PART 5 City of Burlington - Regional Municipality of Halton.

VARIANCES: 1. To permit a north side yard setback of 1.3 m instead of the minimum required 1.8 m for a proposed second storey addition.

2. To permit lot coverage of 26.6% instead of the maximum permitted 25% for a proposed second storey addition.

3. To permit a front yard setback of 3.2 m instead of the minimum required 4.4 m (6 m – 1.6 m = 4.4 m) for existing front porch stairs.

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 20

STAFF REPORTS: PLANNING AND BUILDING DEPARTMENT COMMENTS Committee of Adjustment There are no previous land division or minor variance applications on record for this property. Date: October 17, 2016 Prepared By: Amanda D’Angelo Zoning The applicant is proposing the construction of a second storey addition. Variances required:

1. To permit a north side yard setback of 1.3 m instead of the minimum required 1.8 m for a proposed second storey addition.

2. To permit lot coverage of 26.6% instead of the maximum permitted 25% for a proposed second storey addition.

3. To permit a front yard setback of 3.2 m instead of the minimum required 4.4 m (6 m – 1.6 m = 4.4 m) for existing front porch stairs.

Note: A zoning clearance certificate is required. Date: November 7, 2016 Prepared By: Tina Vassalli Site Planning 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 lands are designated “Residential – Low Density” in the City’s Official Plan. This designation permits and encourages the development of single detached dwellings. The proposed addition maintains the existing use on the property and is consistent with the existing form of the development in the surrounding area. In light of the above, the proposed addition to the existing single detached dwelling is consistent with the general intent and purpose of the Official Plan.

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 21

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 Variance # 1: The intent of the side yard setback provision is to maintain an appropriate distance from adjacent properties in order to protect both the streetscape and the privacy of property owners. It should be noted that the existing setback to the north side yard will be maintained, as the proposed addition will be going above the existing first storey. In this regard, the streetscape as well as the distance between dwellings will remain the same. Variance #2 The lot coverage provision is meant to prevent overbuilding within mature neighbourhoods. The applicant is requesting a lot coverage that is greater than what is permitted in the Zoning By-law, however it is important to note that the proposed addition will be on the second storey and within the existing footprint of the dwelling. Variance # 3 The front yard setback provision is in place to ensure that the streetscape is consistent and the character continues to be maintained. The applicant is requesting a reduced front yard setback in order to accommodate the stairs at the front of the dwelling. The proposed stairs are a feature will enhance the look and character of the house and have a positive impact on the streetscape. The existing dwelling and most other dwellings along Silvana Crescent are older homes that form a well-established neighbourhood. Staff are of the opinion that the general intent and purpose of the Zoning By-law will therefore be maintained, as the proposal will be requesting to recognize development standards that have been in place for many years. 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 The area surrounding the subject property is characterized mostly by older homes, with some newer homes being constructed over time. It should be noted that the older homes in the area are a mix of one and two-storey dwellings; and newer development,

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 22

which includes the abutting property to the north, are commonly two storeys in height. The existing dwelling is consistent with the older, established character of the area, however the proposed second storey provides an opportunity to redevelop the dwelling while still maintaining that character. As such, the proposed addition is a desirable development of the land. 4) Minor in Nature:

Is the proposed minor variance from the Zoning By-law considered minor in nature? Yes The applicant is proposing to maintain the existing siting and design of the first storey, while adding an additional storey that is in keeping with the existing façade. The impact of the second storey will not negatively impact the existing streetscape, character or development standards. For these reasons, the proposed variances are minor in nature. Cumulative Effects of Multiple Variances and Other Planning Matters: Individually or together the variances are considered acceptable to allow for the proposed development. Recommendation: 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. Date: November 17, 2016 Prepared By: Melissa Morgan Site Engineering Actual road width is equal to or greater than deemed road width (20m) No road widening required. Date: October 18, 2016 Prepared By: A. Capone Site Engineering has reviewed the proposed minor variances for a secondary addition and has no objections. Date: November 21 2016 Prepared By: A. Scott

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 23

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: November 18, 2016 Prepared By: Kathy Pavlou Transportation Planning No transportation issues with this minor variance application. Date: November 9/2016 Prepared By: Dan Ozimkovic 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. Tax Pay all property taxes owing. The taxes owing includes any outstanding balances plus current year taxes that have been billed to the satisfaction of the Director of Finance. Local improvement must be commuted. Date: Nov 8, 2016 Prepared By: L. Bray

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(905) 335-7629 (905) 335-7880

[email protected] FILE NO. 540-02-A-132/16

Committee of Adjustment December 5, 2016

NOTICE OF PUBLIC HEARING

The owners of 300 Silvana Cres. Burlington have applied to the Committee of Adjustment for a Minor Variance to the requirements of Zoning By-law 2020, as amended (see attached key map).

The applicant is proposing the construction of a second storey addition. This proposal results in the following variances (for your assistance see the attached sketch):

1. To permit a north side yard setback of 1.3 m instead of the minimum required 1.8 m for aproposed second storey addition.

2. To permit lot coverage of 26.6% instead of the maximum permitted 25% for a proposed secondstorey addition.

3. To permit a front yard setback of 3.2 m instead of the minimum required 4.4 m (6 m – 1.6 m =4.4 m) for existing front porch stairs.

You have received this notice as your property is within 60 metres of the property noted above. The Committee of Adjustment will meet on MONDAY DECEMBER 19, 2016, at City Hall Room 247, 2nd Floor, to consider the above application under Section 45 of the Planning Act, 1990, as amended. This application is scheduled to be heard at 6:30 P.M. You may attend the meeting and/or submit written comments (email or letter) to the Committee. If you are submitting comments in advance of the meeting please attempt to submit them by the Thursday Prior to the Hearing Date, so that they can be given to Committee Members in advance of the meeting. Please email or your send letter to the undersigned.

A copy of the Agenda, containing staff reports, can be obtained from the Committee of Adjustment, 2nd Floor, City Hall, on or after TUESDAY DECEMBER 13, 2016, between 8:30 a.m. and 4:30 p.m.

If you wish to be notified of the decision of the Committee of Adjustment in respect to this application, you must submit a written request to the Secretary-Treasurer of the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public.

The applicant is advised it is mandatory that either the applicant or an authorized agent be present at the hearing.

Any submissions or for more information about this matter, contact Sean Kenney, Secretary Treasurer, [email protected] or visit the City of Burlington Planning Department, 426 Brant Street Burlington ON L7R 3Z6

Yours truly, Sean Kenney Sean Kenney Secretary-Treasurer Committee of Adjustment

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Personal information including comments and public feedback, is collected under the legal authority of the Planning Act, R.S.O. 1990, Chapter c. P.13, as amended, and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, as amended, which will be used to process the application and in the decision making process and becomes the property of the City of Burlington, and is considered to be a public record and will be disclosed to any individual (including being posted on the internet) upon request. Questions about this collection should be directed to the Secretary-Treasurer, Burlington Committee of Adjustment, Planning And Building Department, 426 Brant Street, P.O. Box 5013, Burlington, Ontario; L7R 3Z6 (905) 335-7629.

Key Map

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*The attached drawings are provided for general information only - full plans are available for viewing at the Planning Department, 2nd Floor.

Silvana Crescent

Variance 1

Variance 3

Variance 2

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City of Burlington

Date

Department

Comments

Monday, October 17, 2016

Planning - Committee of Adjustment

300 Silvana Crescent

15.8831.8 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

625.001 :

Page 45: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

City of Burlington

Date

Department

Comments

Monday, October 17, 2016

Planning - Committee of Adjustment

300 Silvana Crescent

15.8831.8 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

625.001 :

Page 46: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 24

HEARING NO. 5 - 6:30 P.M.

File 540-02-A-136/16

PROPERTY: 2083 Maria St., PLAN 92 BLK D PT LOTS 6 TO 8 City of Burlington - Regional Municipality of Halton.

VARIANCES: 1. To permit lot coverage of 33.6% instead of the maximum permitted 25% for a proposed one storey rear addition.

2. To permit an existing combined driveway width of 8.5 m instead of the maximum permitted combined width of 7.5 m for all hard surfaces in the front yard.

3. To permit an existing attached garage with an internal height of less than 2.0 m for a 2.0 m portion of the garage depth instead of the minimum required 2.0 m height.

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 25

STAFF REPORTS: PLANNING AND BUILDING DEPARTMENT COMMENTS Committee of Adjustment There are no previous land division applications on record for this property. There is one previous minor variance application on record for this property. File No. A1406/1971 – Approved

• Lot width Date: October 27, 2016 Prepared By: Amanda D’Angelo Zoning The applicant is proposing the construction of a one storey addition and roofed over rear deck to the existing detached dwelling. A variance is required to permit lot coverage to be increased to 33.6%.

Additional variances are required to recognize the existing combined driveway width and interior garage dimensions.

Variances required: 1. To permit lot coverage of 33.6% instead of the maximum permitted 25% for a

proposed one storey rear addition. 2. To permit an existing combined driveway width of 8.5 m instead of the maximum

permitted combined width of 7.5 m for all hard surfaces in the front yard. 3. To permit an existing attached garage with an internal height of less than 2.0 m

for a 2.0 m portion of the garage depth instead of the minimum required 2.0 m height.

Notes:

1. The existing west side yard setback of 1.25 m is deemed legal non-conforming. A building permit was issued on March 4, 2014 for a proposed attached garage and second storey addition. The zoning By-law at that time required a minimum side yard setback of 1.2 m for a one or two storey side.

2. Building permit 04/462182 issued March 4, 2004 for an attached garage addition. Although interior garage dimensions were not in place until By-law 2020.200 enacted April 11, 2006, the floor plans indicate insufficient room to park a car. Additional variance included to recognize interior garage dimensions.

Date: November 11, 2016 Prepared By: Tina Vassalli

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 26

Site Planning 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 “Mixed Use Centre” within the City’s Official Plan. The intent of the Mixed Use Centre designation is to allow for mixed use development that is transit-supportive and pedestrian oriented while still maintaining the existing character of the area. It should be noted that the subject property is further defined as being located in the “Emerald Neighbourhood Precinct” within the “Mixed Use Centre”. The intent of the “Emerald Neighbourhood Precinct” policies is to preserve the residential and heritage character of the neighbourhood, and to ensure that redevelopment is compatible with the existing character. In the case of this application, the property is located in an established low-density residential neighbourhood. The applicant is proposing to demolish a one-storey portion of the rear of their house and replace it with a larger one-storey portion. In this regard, the use of the property is not changing and the character and heritage value of the dwelling will be retained. 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 current zoning designation for the subject property is DRL - Downtown Residential Low-Density Zone. The purpose of this zone category is designate particular areas within the Mixed Use Centre for low-density residential uses and to establish appropriate development standards. Variance #1 The applicant is proposing a lot coverage of 33.6% instead of the maximum permitted 25% in order to accommodate a rear addition. The intent of the lot coverage provision is to prevent overbuilding of lots and to preserve the existing character and streetscape design. Staff notes that the streetscape will not change with the construction of this addition. Further, it is important to note that the dwelling is two (2) storeys at the front and one (1) storey at the rear. The house has a higher lot coverage because of its lower

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 27

mass. This lessens the visual impact of the addition from the street. Variances #2 and #3 The applicant is requesting relief to recognize the existing combined driveway width of 8.5 metres instead of the maximum permitted 7.5 metres, and to recognize the existing attached garage with a deficient internal height. The intent of the regulations is to ensure an adequate sized driveway that does not detract from front yard open space and to ensure an internal garage space that is suitable for the parking of a vehicle. It should be noted that in both cases the variances describe existing situations that have existed without incident. While staff would prefer compliance with the zoning regulations, staff notes that the driveway is well integrated in the area and that modifying the garage design would be considered difficult to achieve. Staff would not object to the approval of the variances as they relate to the existing driveway and garage design. 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 The proposed minor variances are being requested to capture existing deficiencies and to add a rear building additon. Adding to the rear of the dwelling will improve the dwelling for the owner, but will have very little impact on the character of the area. In this regard, staff is of the opinion that the proposed development is a desirable and appropriate use of the land. 4) Minor in Nature:

Is the proposed minor variance from the Zoning By-law considered minor in nature? Yes As previously mentioned, the proposal will have very little visual impact on the existing area. Further, the extent of the rear addition will not create a major impact on abutting properties, as the rear addition is replacing a previous rear portion of the dwelling. In this regard, staff is of the opinion that the proposal is minor in nature. Cumulative Effects of Multiple Variances and Other Planning Matters: N/A

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 28

Recommendation: 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. Date: November 22, 2016 Prepared By: Melissa MorganU Heritage Planning The subject property is designated under Part IV of the Ontario Heritage Act by by-law 114-1992. Heritage Planning staff have reviewed the subject application and have no objection to the requested variances. The applicant is advised that a Heritage Permit will be required prior to issuance of a Building Permit for the proposed works. For more information the applicant may contact Heritage Planning staff at (905) 335-7600 ext. 7929 or [email protected]. Date: November 28, 2016 Prepared By: Thomas Douglas Site Engineering Actual road width is 13.5m. Deemed road width is 15m. The required road widening will be taken from south side of the road, therefore, no road widening is required for this property. Date: October 28, 2016 Prepared By: A. Capone Site Engineering has reviewed the proposed minor variances and has no objections. Note: Site Engineering will require grading and drainage plans, for approval, prior to a building permit being issued. Date: November 23, 2016 Prepared By: J. McIsaac 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: November 23, 2016 Prepared By: Kathy Pavlou

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COMMITTEE OF ADJUSTMENT

Meeting #24 AGENDA DECEMBER 19, 2016

Page 29

Transportation Planning Transportation Planning has reviewed the application and has no objections to the proposed variances. Date: November 22, 2016 Prepared By: John Zaloznik 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. Tax Pay all property taxes owing. The taxes owing includes any outstanding balances plus current year taxes that have been billed to the satisfaction of the Director of Finance. Local improvement must be commuted. Date: Nov 15, 2016 Prepared By: L. Bray

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(905) 335-7629 (905) 335-7880 [email protected] FILE NO. 540-02-A-136/16

Committee of Adjustment

December 5, 2016

NOTICE OF PUBLIC HEARING

The owner of 2083 Maria St. Burlington has applied to the Committee of Adjustment for a Minor Variance to the requirements of Zoning By-law 2020, as amended (see attached key map). The applicant is proposing the construction of a one storey addition and roofed over rear deck to the existing detached dwelling. Additional variances are required to recognize the existing combined driveway width and interior garage dimensions. This proposal results in the following variances (for your assistance see the attached sketch):

1. To permit lot coverage of 33.6% instead of the maximum permitted 25% for a proposed one storey rear addition.

2. To permit an existing combined driveway width of 8.5 m instead of the maximum permitted combined width of 7.5 m for all hard surfaces in the front yard.

3. To permit an existing attached garage with an internal height of less than 2.0 m for a 2.0 m portion of the garage depth instead of the minimum required 2.0 m height.

You have received this notice as your property is within 60 metres of the property noted above. The Committee of Adjustment will meet on MONDAY DECEMBER 19, 2016, at City Hall Room 247, 2nd Floor, to consider the above application under Section 45 of the Planning Act, 1990, as amended. This application is scheduled to be heard at 6:30 P.M. You may attend the meeting and/or submit written comments (email or letter) to the Committee. If you are submitting comments in advance of the meeting please attempt to submit them by the Thursday Prior to the Hearing Date, so that they can be given to Committee Members in advance of the meeting. Please email or your send letter to the undersigned. A copy of the Agenda, containing staff reports, can be obtained from the Committee of Adjustment, 2nd Floor, City Hall, on or after TUESDAY DECEMBER 13, 2016, between 8:30 a.m. and 4:30 p.m. If you wish to be notified of the decision of the Committee of Adjustment in respect to this application, you must submit a written request to the Secretary-Treasurer of the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. The applicant is advised it is mandatory that either the applicant or an authorized agent be present at the hearing.

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Any submissions or for more information about this matter, contact Sean Kenney, Secretary Treasurer, [email protected] or visit the City of Burlington Planning Department, 426 Brant Street Burlington ON L7R 3Z6

Yours truly, Sean Kenney Sean Kenney Secretary-Treasurer Committee of Adjustment

Personal information including comments and public feedback, is collected under the legal authority of the Planning Act, R.S.O. 1990, Chapter c. P.13, as amended, and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, as amended, which will be used to process the application and in the decision making process and becomes the property of the City of Burlington, and is considered to be a public record and will be disclosed to any individual (including being posted on the internet) upon request. Questions about this collection should be directed to the Secretary-Treasurer, Burlington Committee of Adjustment, Planning And Building Department, 426 Brant Street, P.O. Box 5013, Burlington, Ontario; L7R 3Z6 (905) 335-7629.

Key Map

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*The drawings are provided for context only and full plans are available to view at the Planning Dept. as per the accompanying letter

Variance 1

Variance 2 Driveway Width

Variance 3 to permit existing garage – not shown on site plan

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City of Burlington

Date

Department

Comments

Thursday, October 27, 2016

Planning - Committee of Adjustment

2083 Maria Street

25.4050.8 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

1,000.001 :

Page 56: COMMITTEE OF ADJUSTMENT - Burlington€¦ · porch features are both positive design elements. The proposed south side yard setback for the two-storey garage addition is 1.7 m instead

City of Burlington

Date

Department

Comments

Thursday, October 27, 2016

Planning - Committee of Adjustment

2083 Maria Street

25.4050.8 Meters

The information contained herein is compiled from other documentation and may contain errors, omission or inaccuracies. The City of Burlington, its officers, employees and agents are not responsible for, and the users by accepting this document hereby waive as against the said City, its officers, employees, agents, any claim for damages arising from or in any way related to any errors, omissions, misrepresentation or inaccuracies contained in this document whether due to negligence or otherwise. Any user is advised to verify all information and assume all risk in relying on the information contained hereon.

1,000.001 :