A house is a house, is a house – unless it is being converted into studio space in Puslinch Township.
Kevin Hern is seeking a minor variance for a property on 7058 Concession 1. The township zoning bylaw states no accessory building shall exceed five metres in height.
The applicant is asking permission to convert an existing house to an accessory building. However, that building is 6.7 metres tall and exceeds the bylaw limitation by 1.7 metres.
Early in the meeting, Mayor Dennis Lever asked that chief building official Robert Kelly comment when the building report was presented.
Councillor Ken Roth asked for information on the process and how it reached this point. “Was this house to be torn down?”
Kelly said when the application came to build a new home on the lot, the intent was to keep the original home, which would be converted to a studio and accessory building.
“But not a residence?” Roth asked.
“That is correct,” said Kelly.
Roth wondered if that meant the accessory building would need to be disconnected from the septic system and the kitchen removed.
Kelly said that as part of the permit, the owners would be allowed to retain a two-piece washroom – but had to remove the rest.
Councillor Wayne Stokley asked if part of the arrangement includes removal of the second floor of the building. Kelly said that is why there is a request for a variance.
He added when the original application was made, there was no indication of the size of the building to be converted, so the issue did not arise until Kelly did a site visit.
“It was then I realized it was a two-storey structure – which exceeds our height limitations for accessory structures.”
Stokley said the township has considered adjusting its procedures for minor variances.
He was unsure if those procedures affect this request.
Kelly said the application was brought in before council started its revisions.
Kelly said the township has a $20,000 security deposit. The refund is dependant on the finalization of a building permit to convert that structure into an accessory building. The minor variance would be required before a permit is issued.
Councillor Susan Fielding said even though this is an accessory building, would the Kelly still be able to inspect the structure.
Kelly said since the minor variance would be in place and the permit is issued, he would have to do inspections to ensure the work is done. Once the final inspection is done and the structure is deemed an accessory building, the applicant can get the refund.
Stokley asked what assurance council has the building will not be revert to a home.
Kelly said the township could lay charges because the building would be in contravention of the zoning bylaw.
Stokley asked if the check would be complaint driven “or is this something you would be keeping an eye on?”
Kelly said in this particular case, there would probably be a degree of declining observance and monitoring of the property.
He said as time goes on it might be a complaint that spurs an investigation.
Lever told Hern, “I’m sure you can understand council’s concern, because of other issues which had come for recently.”
The difference in those situations, is that no building permits were applied for.
“We’re just being cautious here,” Lever said.
