X8-M Report „„„ BRAMPTON

City Councilbmmptonca FlOWef City The Corporation of the City of Brampton

BRAMPTON CITY COUNCIL

riATP- to*M&,2QlZDate: April 25, 2013

Files: G31 Committee of Adjustment Process and Procedures C112.017 City-Initiated Zoning By-law Amendment

Subject: Zoning By-Law Transmittal Report City-Initiated Zoning By-law Amendment - Relief Measures for Committee of Adjustment Applications - City Wide

Contact: Paul Snape, Acting Director, Development Services, Planning, Design and Development Department 905-874-2062

OVERVIEW:

• This report forwards the amending Zoning By-law to Council to implement the approved changes with respect to zoning provisions in residential zones that are often subject to variance applications.

• The changes to the by-law are with respect to:

> increasing the cumulative size of accessory structures, > allowing 2-car detached garages, > recognizing personal motorized water craft, > allowing an increase in fence height next to institutional zones,

and

> permitting slightly larger decks and 'open-roofed' porches.

• Additional residential zoning implications related to satellite dishes, air conditioning units and side entrances will require a further report to Planning Design and Development Committee and further public notice.

Council Transmittal Report CI12.017

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RECOMMENDATION:

1. THAT the report from Paul Snape, Acting Director, Planning Design and Development Department, entitled, "Zoning By-law Transmittal Report," dated April 25,2013 to the Council Meeting of May 8, 2013 re: City-Initiated Zoning By law Amendment - Relief Measures for Committee of Adjustment Applications, All Wards, File: C112.017, be received; and,

2. THAT a by-law be passed to amend Comprehensive Zoning By-law 270-2004, as amended.

BACKGROUND:

Planning. Design and Development Committee November 5. 2013

A recommendation on residential zoning provisions that are often subject to minor variance applications was considered at the November 5, 2013 Planning, Design and Development Committee meeting. The need for the report arose from a review of variance applications heard by the Committee of Adjustment over several years. These applications were about similar requests seeking relief from zoning requirements such as those for sheds, detached garages and decks.

The Planning Design and Development Committee approved the recommendations to allow, essentially, the following:

Accessory Structures Currently, only one accessory structure (a shed being the most common) is permitted on a residential lot, at a maximum size of 10 square metres (107.6 sq. ft.). The approved recommendation is to permit a cumulative maximum size of 20 square metres (215 sq. ft.), and to permit two structures, other than a detached garage. At the Planning Committee meeting, concern was raised about incidents when only one structure would be desired and that that structure could be 20 square metres (214 sq. ft.) in size. To remedy this situation, the attached by-law provides an additional restriction to ensure that no individual accessory structure can exceed a gross floor area of 15 sq. m. (161 sq. ft.)."

For Estate Residential and Residential Hamlet zones, a maximum cumulative size of 40 sq. m. (430 sq. ft.) was recommended. This will permit several structures, but to ensure no one structure is excessively large, the current 23 sq. m. (215 sq. ft.) maximum size should be maintained for an individual structure.

Detached Garages Currently detached garages are restricted to a size of 24 sq. m. (260 sq. ft.). This equates roughly to a one-car garage. The approved recommendation is to accommodate a two-car garage at a maximum size of 48 sq. m. (520 sq. ft.).

Council Transmittal Report - CI 12.017

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Personal Motorized Water Craft

The approved recommended zoning change is to recognize personal motorized water craft (a "SeaDoo" or "JetSki") in the same way snowmobiles are permitted. This will permit personal motorized water craft to be parked or stored in an interior yard or rear yard, on its own or on a trailer (and also two on a trailer).

Fence Height The approved recommendation will permit a fence higher than the standard 2.0 m (6.6 ft.), to 2.5 m (8.2 ft.), but only in the situation where the fence is abutting an institutional zone. In addition, hedges will no longer be interpreted as fences.

Decks (and Balconies) and Open-Roofed Porches The approved recommendation permits decks and balconies to encroach 3.0m (10 ft.) into a rear yard instead of the current maximum encroachment of 1.5 m (5 ft.). Open-roofed porches are recommended to encroach 1.8 m (6 ft.) into front, rear, and exterior side yards rather than the current 1.5 m (5 ft.).

Other Matters. Including Satellite Dishes. Air Conditioning Units and At-Grade Side Entrances.

The recommendation report and Planning Committee discussion also dealt with satellite dishes, air conditioning units and at-grade side entrances. Additional analysis, and the required public notice and public meeting will be required before zoning changes can be recommended and brought forward to Planning, Design and Development Committee and Council. With a future report, there will also be an opportunity to introduce other common improvements and changes to the Zoning By-law.

CURRENT SITUATION:

Attached for enactment by City Council is the amending zoning by-law to effect the recommended and approved zoning changes.

Respectfully submitted:

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

Council Transmittal Report-CII2.017

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THE CORPORATION OF THE CITY OF BRAMPTON

BY-LAW

Number

To amend By-law 270-2004, as amended

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

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 (d) and replacing it with the following:

"(d) not more than one swimming pool enclosure and two accessory buildings, other than a swimming pool enclosure, shall be permitted on a lot."

b) by deleting 10.3 (e) and replacing it with the following:

(e) the combined gross floor area of permitted accessory buildings, other than a swimming pool enclosure, shall not exceed:

i) 40.0 square metres, with any individual accessory building not exceeding 23 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, with any individual accessory building not exceeding 15 square metres, on a lot in all other Residential Zones."

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

a) by deleting 10.4.1 (g) and replacing it with the following:

"(g) it shall have a maximum gross floor area of 48 square metres, and it shall have a minimum interior rectangular area of 2.7 metres by 5.4 metres with no more than a one step of a stairway encroachment within the rectangular area."

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

"10.6.3 Only one (1) of the following vehicles or vehicle 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 Visibility Triangle 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) within a required yard other than a front yard may exceed 2.0 metres in height, except where the yard abuts an institutional zone no fence may exceed 2.5 metres in height."

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5) by deleting the last two rows in Table 6.13.A and replacing the rows 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 exterior side including eaves height yards and cornices

READ a FIRST, SECOND and THIRD TIME and PASSED in OPEN COUNCIL,

this day of 2013.

Susan Fennell • Mayor

Peter Fay - City Clerk

ApprovecLas to Content:

Paul Snape-MCIP, RPP

ActmgiJirector. Development Services

APPROVED AS TO FORM

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