D08-02-15/A-00301

Committee of Adjustment application
Ward
Received2015-09-16
Updated2015-08-31
Address (Zoning) 9 Fairbairn (^_R3P[487])
Possibly related devapp(s) D08-01-15/B-00314 - coa
D08-01-15/B-00315 - coa
D08-02-15/A-00300 - coa
Agenda Excerpt

5
MINOR VARIANCE/PERMISSION APPLICATIONS
Under Section 45 of the Planning Act
To be held on Wednesday, September 16, 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-00300 & D08-02-15/A-00301
Hicks & Leonie Barrett
9, (11) Fairbairn Street
17 - Capital
Lots 86 and 87 and Part of Lot 88, Reg. Plan 118266
R3P [487] under Zoning By-law 2008-250 as amended by Zoning
By-law 2015-228

PURPOSE OF THE APPLICATIONS:
The Owners have filed Consent Applications (D08-01-15/B-00314 to B-00315) which, if
approved will have the effect of creating two separate parcels of land. The existing
dwelling known municipally as 9 Fairbairn Street is to remain, and it is proposed to
construct a two-storey detached dwelling on the newly created parcel, 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-00300: 9 Fairbairn Street, Part 1 on Draft 4R Plan, existing dwelling
Under By-law 2008-250
a) To permit a total interior side yard setback of 1.34 metres with side yards of 0
metres (north) and 1.34 metres (south) whereas the By-law requires a minimum
total interior side yard setback of 1.8 metres with one minimum yard no less than
0.6 metres.
b) To permit a reduced front yard setback of 4.85 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 5.06
metres.
Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II)
c) To permit a reduced rear yard setback of 2.55 metres (existing) whereas the Bylaw requires the minimum rear yard setback for lots with a depth greater than 20
metres but less than 30 metres is a distance equal to the height of the building
above existing average grade. In this case the existing building height is 8.95
metres.


A-00301: 11 Fairbairn Street, Part 2 on Draft 4R Plan, proposed dwelling
Under By-law 2008-250
d) To permit a reduced lot area of 250.7 square metres whereas the By-law
requires a minimum lot area of 270 square metres.
e) To permit a reduced front yard setback of 2.75 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 5.06
metres.
Under Zoning By-law Amendment 2015-228 (Infill Development Regulations – Phase II)
f) To permit a reduced rear yard setback of 6.43 metres whereas the By-law
requires the minimum rear yard setback for lots with a depth greater than 20
metres but less than 30 metres is a distance equal to the height of the building
above existing average grade. In this case the existing building height is 10.78
metres.
g) To permit a balcony (upper level) to project 6.17 metres into the required rear
yard whereas the By-law does not permit balconies to project into the required
rear yard.
h) To permit a balcony (lower level) to project 7.39 metres into the required rear
yard whereas the By-law does not permit balconies to project into the required
rear yard.
i) To permit an increase in building height to 10.78 metres above average grade
whereas the By-law permits a maximum building height of 10 metres above
average grade.
THE APPLICATIONS indicate that the Property is the subject of above noted Consent
Applications under the Planning Act.

Date Status
2015-09-16 Appearance on CoA agenda, panel 1

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