Mark Kluge, Manager of Planning stated the applicants were not in attendance and were advised of the meeting date. He introduced Steven Krepps, Planning and Office Coordinator who would be presenting the application.
Mr. Krepps provided a summary of the proposed Zoning By-Law amendment stating the application is for the property located at 8 Rainey Drive. He advised the purpose of the proposed amendment is to reduce the minimum rear yard set back from 6.0m to 2.54m and increase the maximum lot coverage from 50 percent to 56 percent to allow for the construction of an elevated deck in the owner's rear yard.
Deputy Mayor Rentsch thanked Mr. Kluge and Mr. Krepps for presenting the application and requested Council provide questions and comments.
Councillor Paul Latam inquired as whether the deck would be covered and the reasons for the amendment to the lot coverage.
Mr. Krepps advised the lot coverage amendment relates to the height of the deck. The proposed deck is over 1.8 meters in height and needs to respect the requirements in place for rear yard setback. He stated the set back requires a minimum of 6 meters and the current rear yard set back is at 6.2 meters and it is not a covered deck.
Councillor Paul Latam inquired as to where deck support posts would be located and if they would be within the drainage swale.
Mr. Krepps stated supports posts would not reach the swale area. He added the swale area experiences excess water during rain, impacting the use of the rear yard and is the reasoning for the construction of a raised deck to provide for additional use of the backyard space.
Mr. Kluge advised during a site visit, the applicant stated "it was a big house on a little lot".
Councillor Paul Latam inquired as to height of finished deck and whether the deck would overhang the fence and school yard.
Mr. Krepps advised the property is located in a wooded area and there are no impacts to fencing or the school yard.
Councillor James Jonker expressed concerns regarding flooding, installation of support posts in the swale, drainage of the property and inquired as to whether engineering drawings had been submitted.
Mr. Kluge advised through submission of a building permit application to County, the Town reviews applications to provide municipal approvals regarding the Town Zoning By-law. Mr. Kluge advised it was through the review of zoning that the Town became aware of the requirement for a zoning by-law amendment and that engineering drawings would be submitted as part of the process for building permits. He advised support posts would not be permitted in the swale area and referred to materials submitted with the Zoning-By-Law application on the Town's website.
Deputy Mayor Rentsch commented building permits are issued by the County of Dufferin and building permit requirements and responsibility of the County
Councillor Lorne Dart commented that the justification for building a raised deck was to compensate for a wet backyard and he was concerned building a deck within the wet area would impact drainage and affect other property owners.
Mark Kluge advised the deck is raised permitting an open area underneath allowing for drainage and the owners will not permitted to change the property's grading.
Councillor Lorne Dart inquired as to whether the applicants could be required to state why the rear yard is flooding and fix this issue before proceeding with the construction of the deck.
Mr. Kluge clarified, it was not his belief the area flooded, it experienced excess water during thaws. There is a drainage swale in the rear yard to deal with excess water and was installed as part of the subdivision agreement. Mr. Kluge advised the swale drained to a catch basin in the neighbouring property.
Deputy Mayor Rentsch sought clarification as to the direction of swale drainage. He commented the property owners have advised the swale does not capture all of the drainage at times and regardless of where posts are located, the property will remain wet, and this is a risk of the property owners.
Councillor Lorne Dart commented the deck should not impact drainage of other property owners and as the property owners have identified the property floods, consideration should be given to the drainage for other properties if the deck is constructed.
Mr. Kluge advised the applicants applied for a building permit to the County. The Town's responsibility is to review zoning and provide municipal approval with respect to the Town's Zoning By-Law. He clarified, it was identified by the Town that municipal approval could not be granted as the application did not meet current zoning. Staff conducted a site visit and it was during the site visit, staff were made aware by the applicants of the excessive water in the rear-yard. Staff were not aware if the entire property flooded, but were advised there is excess water along the swale area which limited the use of the backyard and a raised deck enable the property owners to expand their living area from their main floor.
Mr. Krepps clarified "flooding" was an incorrect term, the rear-third of the yard experienced excess water when it rained. The raised deck permitted an expanded outdoor living area for the owners as the raised deck would be constructed outside of their main floor living area.
Councillor Paul Latam inquired as to the requirement for privacy screens on each end of the elevated deck.
Mr. Krepps stated the request for privacy screens was to mitigate any potential neighbour privacy concerns.
Councillor Paul Latam inquired as to whether the owner was aware of the requirement for privacy screens.
Mr. Krepps advised privacy screens were discussed with the owners and they did not express any concerns.
Deputy Mayor Rentsch inquired as to whether the application had been circulated.
Mr. Krepps advised the application had been circulated and no comments had been received.
Deputy Mayor Rentsch inquired as to whether any public members in attendance wished to provide comments.
Jim Moses, a resident at 42 Jenkins Drive appeared to provide comments. He stated he resides across the street from the applicant's property. He was concerned approval of the application would result in setting a precedent, could result in neighbour complaints and the need for further approvals.
He stated his property has experienced a drainage easement in the past issue which was rectified when a broken drainage pipe was repaired. He recommend the applicants conduct an investigation of the current drainage piping.
Mr. Kluge responded to Mr. Moses comments, advising, if raised decks are constructed without proper permits or zoning and the Town was to receive a complaints, it would be investigated and, if necessary, further action would be taken.
Deputy Mayor Rentsch advised if the application was approved, the Town would be setting a precedent.
Deputy Mayor Rentsch thanked those in attendance for their comments and questions.