Appeals board allows residents to alter properties despite bylaw conditions
The Development Appeals Board has approved the application requests from five residents to alter their properties even though their requests contravened the municipality’s zoning bylaw.
The board met on July 16 to review the applications of Grant Schneider, Greg R. Fysh, Randy and Debra Hahn and Trisha German, and Jarrod Jones. After giving its approval to the requests, the board submitted its report to the Aug. 12 regular council meeting. Council approved a motion during the meeting to receive and file the report.
Schneider, on 33 Bluebell Crescent, wanted to build a storage shed on the northwest corner of his backyard. It had floor space of 125.6 square metres (1,352 square feet), which is contrary to the 83.61 square metres (900 square feet) prescribed in the zoning bylaw.
The appeals board ruled that a variance of the bylaw would be allowed since the lot was big enough to hold the building; the relaxation did not impede the intent of the bylaw; and the variance would not affect neighbouring properties.
Fysh, on 138 Hochelaga Street East, wanted to construct a building with a combined floor space area of 101.45 square metres (1,092 square feet), which is contrary to the 83.61 square metres (900 square feet) in the zoning bylaw.
The appeals board ruled that a variance of the bylaw would be allowed since the size and location of the lot is acceptable and it is considered a through-site, as it abuts Hochelaga Street East and Caribou Street East; the variance would not impede the intent of the bylaw; and the variance would not affect neighbouring properties.
The Hahns and German wanted to construct a residential fence at 605 and 607 Fourth Avenue Northwest. The fence would be two metres (6.5 feet) high, which is greater than the maximum height of one metre (3.3 feet) in height, as per the zoning bylaw.
The appeals board ruled the variance would be approved due to the orientation of the house on the lot; the intent of the bylaw would not be impeded by the request; and the variance would not affect neighbouring properties.
Jones wanted to construct a residential fence at 1 Flax Road. The fence would be 1.8 metres (six feet) high, which is greater than the maximum height of one metre (3.3 feet) in height, as per the zoning bylaw. The appeals board ruled the variance would be approved due to the orientation of the house on the lot; the intent of the bylaw would not be impeded; and the variance would not affect neighbouring properties. Future appeals
Three property owners have submitted applications to the appeals board requesting a variance under the zoning bylaw.
Sam Shaw with C&S Builders wants to construct an accessory building at 459 Lillooet Street West that has a floor space of 179 square metres (1,927 square feet), contrary to the 83.6 square metres (900 square feet) in the zoning bylaw.
Patricia Watling wants to construct a front porch at 1122 – Seventh Avenue Northwest. The front yard setback would be 4.57 metres (15 feet), which is contrary to the minimum required setback of 7.5 metres (24.6 feet) in the zoning bylaw.
Jay Fellinger wants to construct a detached garage at 1110 Simcoe Street, which would have a height from grade to peak of 5.73 metres (18.8 feet), contrary to the maximum height of 4.5 metres (14.76 feet) in the zoning bylaw.
The meeting with the appeals board is Wednesday, Aug. 28.