Submission No.: A 2024-090
Applicant: Kalpesh Bhatt
Property Location: 386 Wake Robin Crescent
Legal Description: Part Block 3, Plan 58M-55; being Parts 59, 60, 61, 62 & 63 on Reference Plan 58R-11873
Appearances:
In Support:
M. Ribau
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to permit an accessory structure (existing detached garage) to have an easterly side yard setback of 0.11m rather than the minimum required 0.6m; a maximum height to the underside of the fascia of 4m rather than the permitted 3m; and, a building height of 6.3m rather than the permitted 5.5m to facilitate a 2nd-storey addition to an existing accessory structure.
The Committee considered Development Services Department report DSD-2024-476, dated November 6, 2024, recommending refusal as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 30, 2024, advising they have no concerns with the subject application.
The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 4, 2024, advising they have no concerns with the subject application.
T. Malone-Wright advised the Committee that when the application was originally submitted, the proposed 2nd-storey was shown to be setback 0m from the side lot line however following the completion of the Staff report, the applicant submitted a new drawing showing the 2nd-storey will rather be setback 0.6m from the side lot line. However, Staff have reviewed the requested variances in light of the four tests of the Planning Act and have concerns with the height of the building and its' impacts on the adjacent property, as well as the use of accessory building for human habitation thus Staff have recommended refusal of the application.
M. Ribau, Perspective Views, was in attendance in opposition of the staff recommendation noting the purpose for the proposed legalization and conversion of the existing detached garage is to provide a recreational space and storage space. It was noted the property owner initially submitted an application to convert the garage into a separate dwelling unit however due to the structure of the lot, it would not have been feasible to maintain the lot width and parking requirements of the Zoning By-Law. As such, the property owner opted to use the accessory structure as a recreational space. M. Ribau noted, concerns related to the 0m setback from the lot line were raised concerns in the Staff report and although this setback is permitted by the Planning Act, the property owner submitted new drawings prior to the meeting indicating they are willing to meet the 0.6m setback requirement. Further, the property owner provided a declaration indicating the accessory structure will not be used as a dwelling unit. M. Ribau noted, he believes the requested variances are reasonable, minor in nature and meets the requirement of the Planning Act.
In response to questions from the Committee, T. Malone-Wright advised a recreational space is considered a human habitation.
S. Hannah suggested the Committee defer consideration of the application to give the applicant an opportunity to apply for a variance for the recreation room to be used as a human habitation. In response, T. Malone-Wright advised Staff would not be in support of a variance for the recreation space to be used as a human habitation as it would be considered an Additional Dwelling Unit (ADU), however due to the lot structure, the required setbacks and walkways for an ADU use would not be met.
M. Ribau requested the Committee impose a condition for the accessory structure to be used only as a storage space and further advised all occupants will be living in the main dwelling.
The Committee noted the accessory structure could be converted into a human habitation even though it is proposed to only be used as a recreational space.
A motion to refuse the application was brought forward by S. Hannah and seconded by B. Santos. The motion was then voted on and was Carried.
Moved by S. Hannah
Seconded by B. Santos