Mr. Stainton summarized Report COA2021-062, to request relief to reduce the minimum interior side yard setback in order to permit the construction of a detached garage.
It was important to note that through the pre-screening process it was identified that the eave projection of the detached garage will need to be reduced in order to prevent abutting the interior side lot line. The applicant revised the dimensions of the eaves to project 0.6 meters in order to be compliant with the development standards.
On September 12, 2021 public comments were received from Karen Simpson on behalf of Doreen Downes, owner of 9 Bayside Street, whom expressed concerns with damage to the private road with heavy machinery traveling to and from the work site and requested that the road be repaired if any damages occur. The planning staff spoke to the owner of 7 Bayside Street and due to the nature of the construction it does not involve heavy machinery.
Staff acknowledges the application meets all four tests of the minor variance. Staff respectfully recommends approval of the application subject to the conditions identified within the report.
The owner, Ms. Bosiljevac was present via electronic participation and thanked staff and the Committee.
The Committee noted public comments from Ms. Simpson and asked staff if this will be addressed at the building permit stage and if a retainer will be required. Staff responded by saying planning cannot impose a condition related to the road and would defer to the Chief Building Official but also noted it is a municipal owned road, however unassumed and unmaintained. Ms. Murchison, Chief Building Official commented that the building permit process is not able to address this issue and that you would have to go through the Roads Division.
The Committee asked staff how many dwellings are along this road. Staff confirmed 7 dwellings and also noted that staff reached out to Realty Services and the Road Division and as yet to receive commentary back from them.
The Committee proposed adding a condition suggesting that the Land Management Division be advised of this application and concerns raised. Staff replied by suggesting that if Committee wishes to impose a condition it would be advisable to reach out to Public Works or Roads Division to see if there are any requirements for occupancy or maintenance issues.
Councillor Yeo suggested that if it causes a concern it should be brought before the Council and stressed this is not something the Committee needs to be concerned with. He went on to say that Public Works require a permit to work at the stage of putting an entrance into the lot. When an entrance is put in anybody can obtain a building permit as long as an entrance if off that road, and work without getting a permit to travel on that road. Unassumed or not this is beyond this Committees' concerns.
The Chair felt that if we approve this application knowing what we have discussed, this might be seen as enabling or encouraging liability issues, which is a concern. Member Marsh responded that he understood what Councillor Yeo is saying and summarized by saying the application was circulated to Public Works and they chose not to comment. As far as liability issues, it is a municipal road, it is insured. Member Strangway also pointed out that the issue is beyond the scope of the Committee. Staff and the Committee agreed with Councillor Yeo.
Mr. Erik Bosiljevac, son of Linda and Mike Bosiljevac was present via electronic participation and stated that his parents had lost connection in the meeting and mentioned on their behalf that they have maintained the road for the past 30 years and will continue to do so.
No further questions from the Committee or other persons.