D08-02-15/A-00218

Committee of Adjustment application
Ward
Received2015-10-07
Updated2015-09-21
Address (Zoning) 7184841 Canada (zoning unknown)
165 Wesley (R3H)
Possibly related devapp(s) D08-01-15/B-00228 - coa
D08-01-15/B-00229 - coa
D08-02-15/A-00219 - coa
Agenda Excerpt

-3MINOR VARIANCE/PERMISSION APPLICATIONS
Under Section 45 of the Planning Act
To be held on Wednesday, October 7, 2015, starting at 1:00 p.m.
Ben Franklin Place, The Chamber, Main Floor, 101 Centrepointe Drive
File Nos.:
Owner(s):
Location:
Ward:
Legal Description:
Zoning:

D08-02-15/A-00218 & D08-02-15/A-00219
7184841 Canada Inc.
(163), 165 Wesley Avenue
15 - Kitchissippi
Part of Lot 43, Reg. Plan 309
R3H under Zoning By-law 2008-250 as amended by Zoning Bylaw 2015-228

PURPOSE OF THE APPLICATIONS:
The Owners have filed Consent Applications (D08-01-15/B-00228 & D08-01-15/B00229) which, if approved, will have the effect of creating two separate parcels of land.
It is proposed to demolish the existing dwelling and construct a new two-storey semidetached dwelling, with one dwelling unit on each of the newly created parcels of land,
as shown on plans filed with the Committee.
RELIEF REQUIRED:
In order to proceed, the Owners require the Authority of the Committee for Minor
Variances from the Zoning By-law as follows:
A-00218: 163 Wesley Avenue, Part 1 on Draft 4R Plan - One half of the proposed semidetached dwelling:
Under By-law 2008-250
a) To permit a reduced front yard setback of 4.5 metres whereas the By-law
requires a minimum front yard setback to be the average of the existing front
yard setbacks of the abutting lots on which the buildings front the same street. In
this case, the application indicates that the average front yard setback is 4.65
metres.
Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II)
b) To permit a reduced rear yard setback of 6.1 metres, whereas the By-law
requires that lots with a depth greater than 30 metres but less than 45 metres
have a minimum rear yard setback which is the greater of the building height or
the lot depth minus 22.5 metres. In this case, the minimum rear yard setback is
7.97 metres which represents the lot depth of 30.47 metres minus 22.5.
c) To permit a reduced rear yard area of 20% of the lot area, or 51.82 square
metres whereas the By-law requires a minimum rear yard area of 22.28% of the
area of the lot which, in this case, is 57.73 square metres.


A-00219: 165 Wesley Avenue, Part 2 on Draft 4R Plan - One half of the proposed semidetached dwelling:
Under By-law 2008-250
d) To permit a reduced front yard setback of 4.8 metres whereas the By-law
requires a minimum front yard setback to be the average of the existing front
yard setbacks of the abutting lots on which the buildings front the same street. In
this case, the application indicates that the average front yard setback is 5.4
metres.
e) To permit a reduced corner side yard setback of 2.3 metres whereas the By-law
requires a minimum corner side yard setback of 4.5 metres.
Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II)
f) To permit a reduced rear yard setback of 6.1 metres, whereas the By-law
requires that lots with a depth greater than 30 metres but less than 45 metres
have a minimum rear yard setback which is the greater of the building height or
the lot depth minus 22.5 metres. In this case, the minimum rear yard setback is
7.97 metres which represents the lot depth of 30.47 metres minus 22.5.
g) To permit a reduced rear yard area of 20% of the lot area, or 57.7 square metres
whereas the By-law requires a minimum rear yard area of 22.28% of the area of
the lot which, in this case, is 63.25 square metres.
THE APPLICATIONS indicate that the Property is the subject of the above noted
consent applications under the Planning Act.

Date Status
2015-10-07 Appearance on CoA agenda, panel 1

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