Appeals board approves construction of garages despite bylaw conflict
The Development Appeals Board continues to approve projects that contradict the zoning bylaw, with two more property owners receiving the green light to proceed with projects.
The board approved the appeal applications of Dennis Grado of 204 Stadacona Street West and Norm Hales of Horizon Homes at 1017 Vaughan Street during its April 21 meeting. The board then sent a report to city council with the results of the meeting.
Council approved a motion during its April 27 regular meeting to receive and file the report.
Grado wants to build a detached garage that takes up about 45 per cent of the proposed site. This is contrary to the 40 per cent as prescribed in the zoning bylaw, the report explained. The property is zoned R1 — large lot low density residential district, which allows for a one-unit dwelling and any complementary community uses. In this situation, Grado’s house is large and covers 35 per cent of the yard space, excluding any accessory buildings. The largest accessory building that he could construct would have to be 298 square feet in size; the proposed detached garage would be 642 square feet.
After reviewing the appeal application, the board approved the project for three reasons:
• City hall recently granted similar variances to neighbouring properties in the same zoning district, so granting this appeal would not amount to special privilege;
• Granting the appeal would not compromise the purpose and intent of the bylaw, especially since Grado has to remove the existing garage and shed before he can build a new garage;
• None of Grado’s neighbours objected to this project, so it would not injuriously affect neighbouring properties.
Hales wants to construct a detached garage that would cover 49 per cent of the proposed site area and 38 per cent of the rear yard, which is contrary to the 40 per cent and 35 per cent, respectively, prescribed in zoning bylaw, the report explained. This property is also zoned R1; Hales wants to construct a garage that is 520 square feet in size.
After reviewing the appeal application, the board approved the project for three reasons:
• City hall recently granted similar variances to neighbouring properties in the same zoning district, so granting this appeal would not amount to special privilege;
• Granting the appeal would not compromise the purpose and intent of the bylaw, especially since Hales’ property lot is smaller than average, which limits the buildable area, so the board thought leniency should be given;
• None of Hales’ neighbours objected to this project, so it would not injuriously affect neighbouring properties.