RECOMMENDATION:
That Council enact a by-law to deem Lot 34, and the south Part of
Lot 36, Plan 1318, Town of Markham, not to be a registered plan of subdivision, and that staff take
appropriate action as required under Section 50 of the Planning Act.
PURPOSE:
The purpose of this report is to enact a by-law
under the Planning Act which would allow the owner of Lot 34, and the south Part of
Lot 36, Plan 1318, to obtain a building permit in accordance with the Building
Code Act.
BACKGROUND:
Property consists of a single lot and a part lot
Mr. and Mrs. Marciano
are owners of the property known municipally as 30 Wales Avenue (Lot 34, and the south Part of
Lot 36, Plan 1318). Although the
property has effectively existed as a single residential property since the
house was built in the early 1900s, the subject parcel consists of both a
single lot (34) and a part lot (36) of the original historic plan of
subdivision (Plan 1318).
Owners are proposing further development of the property
The applicants are proposing to construct a
detached garage, a rear addition to the existing heritage house and a new rear
and side deck. The proposed garage
would straddle both Lot 34 and 36. The applicant has
made an application to the Committee of Adjustment requesting relief from the
requirements of By-law 1229, as amended with respect to: a) location of part of
the deck into the side yard and b) a maximum height of 16 feet for the garage
whereas the by-law permits 12 feet. The
application was approved by the Committee of Adjustment at its meeting of October 6, 2004. The applicant will be required
to enter into a site plan agreement with the Town prior to obtaining a building
permit for the proposed works.
The owner wishes to merge the lot and part lot into a single
parcel
The Building Code Act requires any
building located on more than one lot to be connected separately to the
municipal services from each lot.
Notwithstanding that Mr. and Mrs. Marciano own
both lots, each lot is a separate property, which can be conveyed. The subject property has access to municipal
services through only one lot. The
applicant intends to use both lots as one single residential property and has
no need to provide connections to the other lot as required by the Building
Code. Merging of the lots will also
negate the need for additional zoning related variances from the Committee of
Adjustment.
OPTIONS/DISCUSSION:
Proposed development would contravene part of the Ontario Building Code
The existing residence and garage
at 30 Wales
Avenue are
located entirely on Lot 34, Plan 1318 and are connected to the municipal
water main at this location. The
applicant proposes to demolish the existing garage and build a larger garage in
the style of an early 20th Century carriage house, which would
straddle both Lot 34 and Lot 36 of Plan 1318. The owner intends to service the garage
entirely through Lot 34. This
proposal would contravene Articles 7.1.6.1 and 7.1.6.3 and 7.1.6.4 of the
Ontario Building Code which require every building to be separately connected
to municipal services.
A solution to the problem is to merge the properties
Merging of the properties into one
legal lot would resolve this problem.
Accordingly, staff has proposed the two lots be
merged so that a building permit can be issued for the proposed garage, once
the applicant enters into a site plan agreement with the Town. This can be accomplished by the Town enacting
a by-law pursuant to Subsection 50 (4) of the Planning Act, which would
deem Lots 34 and the south part of Lot 36 not to be
lots on a registered plan of subdivision.
The Planning Act requires the following steps to be taken after
the by-law is enacted:
- A copy of the by-law is to be forwarded by the Clerk to the
Minister of Municipal Affairs and Housing;
- Notice of the by-law is to be given to the Owner within thirty (30)
days of the passing thereof. The
Owner may then make representations respecting the by-law to Council. In this case, the by-law is being
enacted to accommodate the Owner. Staff intends to request a letter from the Owners
waiving his right to make representations to Council. This would allow the Town to register
the by-law at the earliest possible opportunity so that the Owner may be
issued a building permit;
- By-law to be registered on title.
The by-law comes into effect upon registration on title.
Once the by-law is enacted and
registered on title, the Owners would not be able to convey either lot
separately without first obtaining a severance.
This would enable the Owners to obtain a building permit under the Building
Code Act. Merging the two lots will
not require any additional variances.
Staff has discussed this matter with the Owners and they
are in support of the proposed course of action as outlined in this report.
FINANCIAL CONSIDERATIONS:
Currently there is no fee for applications by
property owners to have their property deemed not to be part of a registered
plan of subdivision. Town (Development
Services) staff is working to amend the fee by-law to establish a fee for
similar applications in the future to cover staff time spent on processing and
implementing the deeming by-law request.
ENVIRONMENTAL CONSIDERATIONS:
None
ACCESSIBILITY CONSIDERATIONS:
None
ENGAGE 21ST
CONSIDERATIONS:
The proposed application is
consistent with the community vision of preserving our natural and physical
environment by accommodating the sensitive improvement of a heritage property
in the Markham Village Heritage Conservation District.
BUSINESS UNITS CONSULTED AND AFFECTED:
The Building Department and the Legal
Department have been consulted in the preparation of this report.
ATTACHMENTS:
Figure 1 – Applicant and Location Map
Figure 2 – Existing Survey – 30 Wales Avenue
Figure 3 – Proposed additions and new
construction – 30
Wales Avenue
Appendix A – Draft By-law
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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FIGURE 1
APPLICANT: Frank
Marciano, 30 Wales Avenue, Markham, ON
FILEPATH: Q:\Development\Heritage\PROPERTY\WALES\pms1119.doc
LOCATION MAP:
