Recommendation:
That Woodstock City Council advise the Land Division Committee that the City supports Application File A24-12-8, submitted by Lapointe and J.R. Lapointe Limited, for lands described as Part Lot 23, Plan 212 as in 425886, City of Woodstock, and municipally known as 566 Henry Street, as it relates to:
1. Section 7.2, Table 7.2 – R2 Zone Provisions to reduce the minimum rear yard depth of the lands to be severed from 7.5 m (24.6 ft) to 7 m (23 ft);
2. Section 7.2, Table 7.2 – R2 Zone provisions to reduce the minimum lot frontage for a duplex from 18 m (59 ft) to 13.7 m (44.9 ft);
3. Section 7.2, Table 7.2 – R2 Zone provisions to reduce the minimum lot area from 540 m² (5,812.7 ft²) to 340 m² (3,659.8 ft²); and
4. Section 5.4.4.2, Table 8 – Setback of Parking Area from Street Line to reduce the minimum street line setback for residential units with individual driveways from 1m (3.3 ft) to nil to facilitate the severance proposed in application B24-38-8.
The recommended relief meets the four tests of a minor variance as set out in Section 45(1) of the Planning Act as follows:
i) The relief is a minor variance from the provisions of the City’s Zoning By-law.
ii) The relief is desirable for the use of the land.
iii) The relief maintains the general intent and purpose of the City’s Zoning By-law.
iv) The relief maintains the intent and purpose of the Official Plan.
And further that Woodstock Council advise the Land Division Committee that the City supports the proposal to sever the subject lands, subject to the following conditions:
1. The Owner shall submit a recent survey to confirm lot sizes and building setbacks, to the satisfaction of the City of Woodstock.
2. The Owner(s) confirm(s) that no underground or overhead services serving the retained lands traverse the severed parcel and visa versa. Where such services exist, the owner shall relocate the services or obtain private easements over the severed and/or retained lands to the satisfaction of the City of Woodstock.
3. The Owner(s) shall agree, in writing, to satisfy all requirements, financial and otherwise, of the City of Woodstock and the County of Oxford, regarding the installation of services and drainage facilities, if required.
4. The applicant remove all accessory structures from the lands to be severed to the satisfaction of the City of Woodstock.
5. The Clerk of the City of Woodstock advise the Secretary-Treasurer of the Land Division Committee that all requirements of the City of Woodstock have been complied with.