Minor variance to deal with stop work order

Council is giving approval for a minor variance for a property at 38 Young Street West in Harriston

 

Property owners are Jim and Inez Richardson.

The variance is to allow con­struction of a 51.9 square foot addition with a setback of 19-feet, 10-inches. The town’s comprehensive zoning bylaw requires a front yard setback of 24.9 feet.

Mayor David Anderson said the municipality received in­for­mation on the reason for the request. Clerk Marsha Paley explained the building is a four-unit apartment. Before the construction of an addition, there was a concrete porch at the front door.

The building at that time complied with the minimum front yard setback because unenclosed porches are permitted to encroach on the minimum setback allowance.

The addition was constructed on top of that porch and is comprised of three walls, a roof system, and an enlarged opening into the building.

“However, once the addition was constructed, the building contravened the zoning bylaw because of insufficient setbacks.”

Paley explained if the minor variance passed it would legalize the construction of the addition as well as the fire exit at the front door.

At the time of Building Inspector Terry Kuipers’ report construction of the addition was about 75% complete. An order to comply and a stop work order were issued and will remain in effect until a building permit is obtained.

The minor variance is considered to be part of the building permit requirement.

Planner Linda Redmond said the variance would provide relief from the setback and allow the minor addition.

She had no concerns with the application and said it is minor.

Although council typically follows through a process of passage later in the meeting, the proponent saw no reason why it could not be done then and there. After some discussion, council agreed that matter be moved ahead in the agenda.

Council passed the motion.

Richardson has yet to apply for the building permit, but he asked if he could pick up a record of the decision the following morning.

Paley pointed out there is still a 20 day appeal period.

She said the municipality can provide the information that council passed the minor variance, but he will need to wait for the appeal period be­fore a building permit is issued.

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