The development appeals board (DAB) has approved homeowner Tim McLean’s request to build a detached garage on his property even though city hall denied the initial application over zoning bylaw conflicts.
The board met on Oct. 17 to hear from McLean at 1264 Third Avenue Northeast. After reviewing the variance request, the board submitted a report with its decision to council, which received and filed the document during its Nov. 27 regular meeting.
McLean wanted to build a detached garage that is 4.79 metres (15.74 feet) in height, which is contrary to the maximum height allowed under the bylaw of 4.5 metres (14.76 feet) and over by 0.29 metres (0.98 feet), the report said.
The property is zoned R1 large lot, low-density residential district.
The homeowner told the board that he needs 12-foot walls in the proposed building so he can use the space for his motorhome and other projects, the report continued. In reply, a city official said the only concern was the proposed development would contravene the zoning bylaw’s maximum height requirements for accessory buildings in such districts.
After reviewing the situation, the appeals board granted McLean’s variance request for three reasons:
- It would not be a special privilege since the board would grant a similar appeal to other property owners in the same district and, in the past, has granted similar requests with greater proposed variances
- It would not be a relaxation of the zoning bylaw since it would not hinder the health, safety or general welfare of the community and could enhance the variety and efficient use of the land
- It would not injuriously affect the neighbourhood since the contraventions would have no negative effects on the adjacent properties, the proposed project has a “minute variance” in height and no negative written submissions were received
The next regular council meeting is Monday, Dec. 4.
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