The development appeals board has approved two applications from property owners for variances under the zoning bylaw, including an application from a member of the board.
The board met on Aug. 18 to hear the appeals of Rece Allen at 952 Stadacona Street East and Wade McBride and Celia Duquette at 1221 Redland Avenue. After hearing the evidence from both parties and city hall, the appeals board granted both requests.
City council received a copy of the board’s decisions during its Aug. 24 regular meeting. Council voted unanimously to receive and file the document.
952 Stadacona Street East
Allen — who is the board chair — asked city hall for a variance under the zoning bylaw so he could construct a detached garage that had a proposed site coverage of 38 per cent, which is contrary to the 35 per cent in the zoning bylaw, the report explained. The building would be 93.6 square metres (1,008 square feet) in size — or 28 feet by 36 feet — contrary to the 83.6 square metres (900 square feet) in the zoning bylaw.
The property owner told the board that his neighbours have no problem with his proposed garage, while constructing a large building would allow him to park a bigger vehicle he uses to transport people in the home who have special needs.
After reviewing the case, the appeals board granted the variance request for three reasons:
- the appeal was not a special privilege since there have been similar variance requests recently that have been granted to neighbouring properties;
- the appeal was not contrary to the purpose and intent of the bylaw, since the proposed garage would not affect sunlight or privacy to neighbouring properties, would not restrict access to the rear yard, and would not affect sightlines; and
- the appeal would not injuriously affect neighbouring properties since area residents had no problem with the project.
1221 Redland Avenue
Proper owners McBride and Duquette asked city hall for a variance under the zoning bylaw to construct a detached garage with a site coverage of 46.7 per cent, which is contrary to the 40 per cent laid out in the bylaw. The building would be 21 feet by 28 feet in size, which exceeds the maximum site coverage requirements in the R1 district, the report explained.
Duquette told the appeals board that other people on her block already have two-car garages, while area neighbours have no concerns with the proposed building.
After reviewing the case, the appeals board granted the variance request for three reasons:
- the appeal was not a special privilege since there have been similar variance requests recently that have been granted to properties in the R1 district, while the property lot is smaller than average for this district;
- the appeal was not contrary to the purpose and intent of the bylaw, since the proposed garage would not affect sunlight or privacy to neighbouring properties, would not restrict access to the rear yard, and would reduce on-street parking; and
- the appeal would not injuriously affect neighbouring properties since area residents had no problem with the project; in fact, one neighbour sent an email in support of the initiative.
The next regular council meeting is Monday, Sept. 14.
