M I - I ReportBRAMPTON Planning, Design andbromptonta FlOWef City Development Committee

Committee of the Council of

The Corporation of the City of Brampton

PLANNING. DESIGN &DEVELOPMENT COMMITTEE

Date: October 15,2012 date: fJou*jyJ»e^ £,2ot?­

File: G31 Committee of Adjustment Process and Procedures

Subject: RECOMMENDATION REPORT Referred Matters:

A. "Review of by-laws for Residential Fencing and an Alternative to Hardships for property owners who wish to request Minor Variances (i.e. through C of A)" (RML 2009-038);

B. "Location of Air Conditioning Units in Proximity to (Side) Property Lines and ability to control the placement of satellite dishes on the front of residential properties" (RML 2011-031); and,

C. "Report of the possibility of an Official Plan policy and Zoning By-law re "a) squeezing in smaller lots in subdivisions with reduced setbacks in order to maximize the subdivision yield; b) inconsistent staff recommendations to Committee of Adjustment regarding accessory buildings; and c) a summary report or reference guide for new homeowners respecting property matters such as fences, decks, sheds and pools." (RML 2012-007)

City Wide Ward: AllWards

Contact: Kathy Ash, Manager, Planning Design and Development Department

Overview:

This report reviews and provides recommendations on three separate matters that have been referred to staff for further analysis.

With respect to referred item A, staff is recommending that the attached zoning by-law be enacted as it amends current zoning provisions related to fence height restrictions, oversized decks, accessory buildings, detached garages and the parking of trailers for personalized watercraft. A Public Meeting for this item was held on May 7,2012. In

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addition, it is recommended that up to a 50% reduction in fees for accessibility issues related to minor variance applications be permitted at the discretion of the Committee of Adjustment.

Staff has reviewed matters concerning the location of air conditioning units and satellite dish antennae and is not recommending any changes to the zoning by-law at this time (referred matter B).

Concerning item C, staff is recommending updates to the reference guides to new property owners.

Recommendations:

1. THAT the report from Kathy Ash, Manager, Planning Design and Development Department, entitled "RECOMMENDATION REPORT" dated October 15, 2012 to the Planning, Design and Development Committee Meeting of November 5, 2012 re: Referred Matters:

A."Review of by-laws for Residential Fencing and an Alternative to Hardships for property owners who wish to request Minor Variances (i.e. through C of A)" (RML 2009-038);

B."Location of Air Conditioning Units in Proximity to (Side) Property Lines and ability to control the placement of satellite dishes on the front of residential properties" (RML 2011-031); and,

C."Report of the possibility of an Official Plan policy and Zoning By-law re "a) squeezing in smaller lots in subdivisions with reduced setbacks in order to maximize the subdivision yield; b) inconsistent staff recommendations to Committee of Adjustment regarding accessory buildings; and c) a summary report or reference guide for new homeowners respecting property matters such as fences, decks, sheds and pools." (RML 2012 - 007), File: G31 be received;

2. THAT staff be directed to prepare a Zoning By-law Transmittal Report to Council in order to enact the proposed changes to the zoning provisions for fences, rear yard decks, accessory buildings, detached garages and the parking of trailers in accordance with the attached draft zoning by-law;

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THAT Council direct a maximum 50% reduction in the payment of fees for minor variance applications involving accessibility issues only at the discretion of the Committee of Adjustment; and,

THAT staff be directed to update the 'City's Guide on New Home Construction* and the City's handbook 'Guide to the City of Brampton By-law Services' to incorporate information on fences, decks, and sheds for new and existing homeowners and to reflect changes enacted with the zoning by-law amendment.

BACKGROUND

Several planning matters have been referred to staff for further review and analysis based on the corresponding RML number. This report addresses three referred matters as noted below:

A. "Review of by-laws for Residential Fencing and an Alternative to Hardships for Property Owners who wish to request Minor Variances (i.e. through C of A)" (RML 2009-038);

B. "Location of Air Conditioning Units in Proximity to (Side) Property Lines and ability to control the placement of satellite dishes on the front of residential properties" (RML 2011-031); and,

C. "Report of the possibility of an Official Plan policy and Zoning By-law re "a) squeezing in smaller lots in subdivisions with reduced setbacks in order to maximize the subdivision yield; b) inconsistent staff recommendations to Committee of Adjustment regarding accessory buildings; and c) a summary report or reference guide for new homeowners respecting property matters such as fences, decks, sheds and pools." (RML 2012-007)

CURRENT SITUATION:

This report has therefore been structured on the basis of the three separate topic areas as noted above. At the end of each section, staff has provided recommendations pertaining to each matter.

A) Review of by-laws for Residential Fencing and an Alternative to Hardships for Property Owners who wish to request Minor Variances

Further to a staff report to Planning, Design and Development Committee in January of this year, a Public Meeting was held on May 7,2012 respecting the above noted

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matters. Most matters pertain to Committee of Adjustment applications involving the following:

• Fence heights • Over sized decks and projections into the rear yard • Construction of accessory buildings, including size and number • Size of detached garages; and • Parking of trailers.

At the Public Meeting, three (3) members of the public spoke and expressed concerns with the proposed deck size; the parking of trailers for watercraft; the waiving of fees for applications related to accessibility, and driveway widths (refer to Public Meeting Attendance in Appendix 1). The following is a synopsis of each point raised:

Deck Size

Staff is recommending to amend the zoning by-law to increase the permitted deck encroachment into the rear yard from 1.5 metres (4.9 feet) to 3.0 metres (10 feet). A deck which encroaches only 1.5 metres into the rear yard cannot hold much more than a barbeque. This change is proposed in order to accommodate a reasonably-sized deck in keeping with current residential building design. Staff is of the opinion that allowing a deck encroachment of 3.0 metres will not result in negative impacts to surrounding properties.

Trailer Parking

The intent in amending the zoning by-law is to provide consistency between trailers for watercraft and trailers for snowmobiles. The current regulations permit parking of trailers for snowmobiles, but not for personal watercraft, which are similar in size and impact. The attached draft by-law adds trailers for personal watercraft to be permitted along with trailers for snowmobiles which are allowed under the current zoning by-law.

Waiving of Fees - Accessibility

A resident indicated that he would be supportive of a review to the fee structure related to accessibility and suggested that the fees be waived for minor variance applications related to accessibility.

The Planning Act allows the Committee of Adjustment to reduce or waive fees in instances where the Committee is satisfied that it would be unreasonable to require payment in accordance with the tariff of fees (Section 69.(2)). When compared to other municipalities, the City has one of the lowest fees for residential variances at $536 per application. Staff agrees that there is merit in reducing minor variance fees in matters related to accessibility, but not a complete waiving of fees. In such cases, a fee reduction could be considered by the Committee of Adjustment when requested to do so by the applicant.

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Driveway Widths

City staff explained at the Public Meeting that there had been a recent comprehensive review of the driveway width issue. The current regulations have been crafted to provide a balance between allowing a usable driveway for residential properties, protecting neighbourhoods with an aesthetically pleasing streetscape and accommodating drainage between properties, particularly when driveways are paired side by side along a street.

The attached residents' petition at Appendix 2 explains a driveway issue when only a single car garage is provided. Single car garages are provided on smaller lots. The zoning by-law requires that two parking spaces be provided per dwelling unit. In this case, one parking space exists in the garage and one on the driveway.

The current regulations for driveways are found in the General Provisions for Residential Zones, which require a minimum driveway width of 3.0 metres and a maximum driveway width of between 4.9 metres (for lots less than 8.23 metres in width) and 9.14 metres (for lots greater than 18.3 metres in width). In no instance can the driveway width exceed the width of a garage on the lot.

As a thorough zoning review of appropriate driveway widths was undertaken recently, with public consultation, staff recommends no further action on amending the zoning by law regarding driveway widths.

Other Matters

Planning, Design and Development Committee members also addressed licensing of vehicles in driveways. Any vehicle which is parked in a driveway in a residential zone must be plated. Vehicles without current plates cannot be operated on public streets; are considered to be 'outside storage'; and are subject to enforcement action.

Committee members asked about the potential for providing a reduced fee for similar minor variance applications. The concern with this is that each application must be considered on its own merits and is based on a fee per lot basis. Each application requires a full evaluation of the four tests under the Planning Act.

With regular reporting to Council, staff will be able to identify iffurther amendments to the zoning by-law are appropriate for regularly occurring similar variances.

Staff Recommendation:

As noted in Recommendation 2 of this report, staff recommends that the attached by law (Appendix 3) be enacted by Council. The by-law enables the following:

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1) Accessory Buildings - allows 2 accessory buildings on a residential property up to an area of 20 square metres rather than permitting only 1 accessory structure with an area of 10 square metres.

2) Detached Garages - allows a 2 car detached garage rather than a single car detached garage

3) Parking of Trailers - adds a provision permitting one or two personal motorized watercrafts on a trailer not exceeding 7.0 metres in length on a lot in a residential zone in the interior side yard or rear yard. This provision is similar to the provision that already permits one or two snowmobiles.

4) Fences - allows a fence height of 2.5 metres rather than 2.0 metres when the side or rear yard of a residential property abuts an institutional zone. The by-law also removes height requirements for hedges. The maintenance of hedges is monitored by property standards.

As noted in Recommendation 3 of this report, staff is recommending that fees be reduced up to 50% for minor variance applications related to accessibility issues and at the discretion of the Committee of Adjustment.

B) Location of Air Conditioning Units in Proximity to (Side) Property Lines and ability to control the placement of satellite dishes on the front of residential properties

Air Conditioning Units

There are currently no regulations within the zoning by-law which govern the placement of air conditioning units in residential zones. Typical interior side yard requirements are 0.6 metres on one side of a dwelling unit and 1.2 metres on the other side. As many dwellings are built to these standards, an air conditioning unit located in the side yard will be located in the larger side yard. Most units are installed by the builder, who will typically locate them in the shortest line from the location of the furnace as there are no building code requirements on locating the units.

Most municipalities do not regulate placement of air conditioning units, although staff did find two instances in which the zoning by-law includes requirements that the equipment may be located in a side yard 'provided that it is not closer than 0.61 metres to any lot line' (Mississauga) and that the equipment must maintain a 'setback from a side lot line of 60 centimetres' (0.6 metres) (Burlington).

Staff investigated 2 complaints related to air conditioner locations - in both instances the complaint came from the owner of the property as they were not satisfied where the builder had located the air conditioning unit - one had been placed in the interior side yard beside a window and the other had been located on the rear of the dwelling unit.

In instances where the placement of an air conditioning unit could infringe upon an adjacent property owner, it may be appropriate to place a restriction. For example, in a

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recent Committee of Adjustment decision, approval for a reduced side yard at one corner of a proposed dwelling was subject to a condition that 'no air conditioning unit be placed on the side of the property to which the variance applies.'

Staff is not recommending a change to the by-law, but rather that appropriate restrictions be considered in instances where relief from side yard regulations is requested.

Satellite Dishes

Council also expressed concern with the ability to control the placement of satellite dishes in the front yard of residential properties. Under the General Provisions for Residential Zones (Section 10.0 of the zoning by-law), the current regulations for satellite dish antennae restrict the placement of the dish (to the rear yard, no closer than 1.2 metres from a lot line, and at a maximum height of 4.5 metres) only in cases where the satellite dish 'has a surface area of 1 square metre or more.' As technology has advanced and dishes are now typically much smaller than 1 square metre in area, these restrictions on placement rarely apply. Additionally, this has not been an issue which has generated many complaints.

Staff is not recommending a change to the by-law, but if Council wants to restrict the location of these smaller dishes, a public meeting will be required, followed by a zoning by-law to be enacted.

Staff Recommendation:

Staff is not recommending any changes to the zoning by-law regarding the placement of air conditioning units or satellite dishes at this time.

C) Squeezing in smaller lots in subdivisions with reduced setbacks in order to maximize the subdivision yield; Inconsistent staff recommendations to Committee of Adjustment regarding Accessory Buildings; and A Summary Report or Reference Guide for New Homeowners respecting property matters such as fences, decks, sheds and pools.

Soueezing in Smaller Lots

Regarding the perceived trend of squeezing of lots in new subdivisions, staff is being pressured continually to review development proposals with narrower side yards, higher building heights and narrower lot widths in line with shifting market demands. Despite the Development Design Guidelines that were endorsed by Council in 2003, developers pursue alternate design concepts calling for denser and more compact development, particularly for ground related residential units. This is particularly apparent in the Mount Pleasant Village area. New standards were applied in this area to create a different and unique development concept. Proposals for townhouse units, that

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generally require a width of 6.0 metres, are being submitted resulting in much narrower widths which can result in more units within a plan of subdivision.

Recommendation Reports to Planning, Design and Development Committee include a full zoning analysis to make clear the City's expectations for future zoning on proposed lots, particularly if the applicant proposes zoning not in keeping with City standards. Recommendation reports will continue to identify what density is being proposed versus that which is permitted through the density provisions in the secondary plan. The draft plan does not change much from the draft approval stage to the zoning stage, and staff can and has been reporting on any anticipated deviations when the zoning by-law is presented to Council for enactment. As one of Council's directives, applicants are to agree to the form and content of a zoning by-law prior to draft plan approval.

Accessory Buildings

Regarding the notion of inconsistent staff recommendations to Committee regarding rear yard accessory buildings, staff note that each individual request for relief from the zoning regulations must be evaluated on its own merits. Not all requests have the same issues. For example, assessing a minor variance for an oversized accessory shed in the 'zero lot line' area of the City is quite different than on much larger lots. Variables include the size and topography of the lot, the size of the structure, the amount of vegetation on the lot, and whether similar structures have been built in the area. There is no standard approach to evaluating accessory structures. However, all four tests required in the Planning Act must be addressed. Each application is unique to the lot and to the surrounding area. Staff do, however, strive to ensure consistent application of variance approvals.

Reference Guide for New Homeowners

Regarding the concern that the informational materials available to residents should be updated, staff recommends that both the 'Guide to City of Brampton By-law Services' and the 'New Home Purchaser's Guide' be updated to incorporate information on fences, decks, sheds and pools, including the proposed zoning changes currently under consideration by Planning Design and Development and the attached by-law.

Staff Recommendation:

In accordance with recommendation 4 of this report, staff is recommending that the "City's Guide on New Home Construction" and the City's handbook, "Guide to the City of Brampton By-law Services" be amended to incorporate information on fences, decks, accessory buildings, detached garages and the parking of trailers as per the provisions of the attached by-law in Appendix 3.

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CONCLUSION

Staff will report to Committee on a regular basis to highlight any further modifications to the zoning by-law. Such modifications require a Public Meeting and the enactment of a zoning by-law.

Respectfully submitted:

Dan Kraszewski, MClP RPP Acting Commissioner, Planning, Design and Development

Authored by: Kathy Ash, MClP, RPP, Manager, Development Services

Appendices

Appendix 1 Public Meeting Attendance

Appendix 2 Resident Petition Submitted at Public Meeting

Appendix 3 Draft Zoning By-law

Original Signed By

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Appendix 1 Public Meeting Attendance

File G31 Committee of Adjustment Process and Procedures

Members Present:

Members Absent:

Staff Present:

Public Present:

May 7, 2012

Regional Councillor P. Palleschi - Wards 2 and 6 (Chair) City Councillor V. Dhillon - Wards 9 and 10 (Vice-Chair) Regional Councillor E. Moore - Wards 1 and 5 Regional Councillor J. Sanderson - Wards 3 and 4 Regional Councillor G. Miles - Wards 7 and 8 Regional Councillor S. Hames - Wards 7 and 8 Regional Councillor J. Sprovieri - Wards 9 and 10 City Councillor G. Gibson - Wards 1 and 5 City Councillor J. Hutton - Wards 2 and 6 City Councillor B. Callahan - Wards 3 and 4

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Planning, Design and Development Department D. Kraszewski, Director, Planning and Land Development Services

M. Won, Director, Engineering and Development Services H. Zbogar, Acting Director, Planning Policy and Growth Management K. Ash, Manager, Development Services A. Parsons, Manager, Development Services M. Gervais, Development Planner N. Grady, Development Planner

Corporate Services Department J. Burton, Legal Counsel E. Evans, Deputy Clerk C. Urquhart, Legislative Coordinator S. Pacheco, Legislative Coordinator

Mr. Tony Moracci, Valleyside Trail Mr. Prem Sharma, Domenico Court Ms. Carla Pennings, Massey Street

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MHI »*17,1»i Appendix 2

Mayor Susan Fennell Office of the Mayor City of Brampton 2 Wellington St. West Brampton, Ontario L6Y 4R2

Dear Ms. Susan Fennell

We are the residents living between Gore market and Hindu Sabha Mandir. Our houses are at the intersections of Kanashiro St. and Domenico Cres. / Caranci Cres. (corner houses) with 3-4 bed rooms, but surprisingly with only one garage. It became difficult to adjust even two cars in the garage or parking area for a house with four bed rooms. It really becomes a headache when 3-4 people are working arid they have to have more than a car and space.

We however are lucky to have a bigger lot sizes to accommodate separate garage nicely accommodating twocars in our lots. We therefore request you to direct city officials to look into our very genuine need, demarcate space for two car garage from either side and arrange necessary construction work.

We shall be thankful.

2 Domenico Cres. Brampton

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City Councillor Vicky Dhillon Regional Councillor John Sprovieri

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To amend By-law 270-2004. as amended

The Council of The Corporation of the City of Brampton ENACTS as follows:

1. By-law 270-2004. as amended, is hereby further amended:

(1) by amending Section 10.3, Accessory Buildings, as follows:

a) by deleting 10.3 (b), and (c)and replacing them with the following:

"(b) not more than two accessory buildings shall be permitted on a lot.

(c) the combined gross floor area of any permitted accessory building(s) shall not exceed:

i) 40.0 square metres on a lot in a Residential Hamlet or Residential Estate Zone or on a lot

in an Agricultural Zone where the lot area is 2 hectares or less;

ii) 20.0 square metres on a lot in all other Residential Zones.

b) by removing in 10.3 (f), the words "except a swimming pool enclosure"

c) bydeleting 10.3 (g) in its entirety and renumbering the remainder of Section 10.3 accordingly.

2) by amending Section 10.4, Detached Garaao or Carport, as follows:

a) by replacing Ihe number 24.0 in 10.4 (g) to "48.0"

b) by renumbering 10 4 (h). (i). (j). (k) to 10.4 (i). (j), (k) and (I) and adding the following:

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"(h) the interior space of a detached garage shall be a rectangular area not less than 2.7 metres by 5.4 metres with no more than a one step encroachment."

3) by amending Section 10.6, Parking of Trailers, by deleting and replacing 10.6.3 with the following:

"Only one (1) of the following vehicles orvehicle combinations may be parked or stored on any one lot in a residential zone in the interior side yard or rear yard:

(a) a boat,

(b) a snowmobile,

(c) a personal motorized water craft, (d) a utility trailer,

(e) a boat on a trailer, together not exceeding 7.0 metres in length; and,

(f) one or two snowmobiles on a trailer, together not exceeding 7.0 metres in length; and,

(g) one or two personal motorized water crafts on a trailer, together not exceeding 7.0 metres in length."

4) by deleting Section 10.10, Fences, in its entirety and replacing it with the following:

"Subject to the VisibilityTriangle regulation in the General Provisions for All Zones and except for a noise attenuation barrier, no fence in a Residential Zone:

(a) within a required front yard may exceed 1.0 metres in height; and,

(b) withinany other required yard, may exceed 2.0 metres in height except where the lot line abuts an institutional zone, 2.5 metres in height."

5) by deleting the last two rows in Table 6.13.A regarding balconies or decks, and open roofed porches, not exceeding one story in height, uncovered terraces, and replacing it with the following three rows:

Balconies or decks Front and exterior 1.5 metres

side yards

Balconies or decks Rear yard 3.0 metres

Open, roofed porches not Front, rear and 1.8 metres

exceeding one storey in height, exterior side yards including eaves uncovered terraces and cornices

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READ a FIRST, SECOND andTHIRD TIME and PASSED in OPEN COUNCIL, this day of 2012.

Susan Fennell - Mayor

Peter Fay - City Clerk

Approved as to Content:

Dan Kraszewski, MClP, RPP

Director of Planning and Land Development Services