Owners of a property on Third Avenue Northeast can build a covered deck on the side of their house even though the deck’s construction is contrary to the zoning bylaw.
The Development Appeals Board heard the homeowners’ request for a variance from the zoning bylaw during a meeting at city hall on Feb. 25. Contractor Sam Shaw lobbied the board on behalf of the residents, who live at 1213 Third Avenue Northeast.
The property is zoned as R1 large lot low-density residential district and is covered under section six of the zoning bylaw, according to a city council report. The development standards for this district require a side-yard setback of fewer than 1.2 metres or 10 per cent of the site width.
The dwelling was constructed with a 1.83-metre side yard that contains the main entrance and landing with stairs. The proposal is to construct a covered deck that wraps around the corner of the building. The covered deck would leave about two feet between the edge of the deck and property line.
Since the proposal is beyond what is required to access the dwelling, the setback must be appealed for a variance, the report continued.
While representing the property owners, Shaw told the board that the homeowner to the south — on the side of the property where the proposed deck would be built — is not opposed to the proposed deck.
After reviewing the facts, the appeals board granted the property owners’ request for three reasons:
- The variance would not deter from the neighbourhood ethics, while similar side-yard setbacks have been granted in the R1 district;
- The proposed deck would not restrict airflow, sunlight or access to the rear yard, or be contrary to the zoning bylaw;
- The variance would not injuriously affect the neighbouring properties; the adjacent neighbour had no problem with the project and no letters of concern were received from property owners within 75 metres.
The next regular council meeting is March 23.
