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setback in interior side yard

S

sunyaer

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Joined
Apr 21, 2022
Messages
338
Location
Toronto
This is from a municipal zoning by-law:
-----------------------------------------------------------------------------------------
7.133 R2 ZONE STANDARDS, GREENS BOROUGH
(By-law 100-2000)
Notwithstanding any other provision of this By-law, the provisions in this Section
shall apply to those lands denoted by the symbol *133 on the Schedules to this
By-law. All other provisions, unless specifically modified/amended by this Section,
continue to apply to the lands subject to this Section.
7.133.1 Additional Permitted Uses
The following additional use is permitted:
a) schools, public, subject to the provisions of the OS2 Zone.

7.133.2 Zone Standards
The following specific Zone Standards apply:
a) For single detached dwellings on a lot not accessed by a lane:
i) Minimum lot frontage – 9.0 m;
ii) Minimum required interior side yard – 0.3 m with a
minimum 1.2 m separation between dwellings on abutting lots.

-------------------------------------------------------------------------------------------

A scenario:

There are two lots abutting each other, both have their own individual existing interior side yard setback of 1.2 m. If the owner of one lot applies for an addition of basement walkout stairs ( assume 900 mm wide) in the side yard, as per the clause ii) above, he/she can satisfy the requirements of ii). However, once this owner completes his / her addition, there would be about 1.5 m separation between the two dwellings on the abutting lots, resulting in the fact that the owner of the other lot basically can not add anything in this interior side yard if he / she wishes to add a similar basement walkout stairs as his/her neighbor.

How does zoning by-law stipulate on this tricky situation in a fair manner, rather than something like "first come, first approved"?
 
This is up to each individual jurisdiction on how they approach things like this. Ultimately, the proponent of the variance must demonstrate that their request is "reasonable, desirable and in accord with the general intent of the bylaw". Most likely, the AHJ would have to be open to granting the same variance to the neighbor as well. If not, it would likely be rejected.
 
sunyaer said:
This is from a municipal zoning by-law:
-----------------------------------------------------------------------------------------
7.133 R2 ZONE STANDARDS, GREENS BOROUGH
(By-law 100-2000)
Notwithstanding any other provision of this By-law, the provisions in this Section
shall apply to those lands denoted by the symbol *133 on the Schedules to this
By-law. All other provisions, unless specifically modified/amended by this Section,
continue to apply to the lands subject to this Section.
7.133.1 Additional Permitted Uses
The following additional use is permitted:
a) schools, public, subject to the provisions of the OS2 Zone.

7.133.2 Zone Standards
The following specific Zone Standards apply:
a) For single detached dwellings on a lot not accessed by a lane:
i) Minimum lot frontage – 9.0 m;
ii) Minimum required interior side yard – 0.3 m with a
minimum 1.2 m separation between dwellings on abutting lots.

-------------------------------------------------------------------------------------------

A scenario:

There are two lots abutting each other, both have their own individual existing interior side yard setback of 1.2 m. If the owner of one lot applies for an addition of basement walkout stairs ( assume 900 mm wide) in the side yard, as per the clause ii) above, he/she can satisfy the requirements of ii). However, once this owner completes his / her addition, there would be about 1.5 m separation between the two dwellings on the abutting lots, resulting in the fact that the owner of the other lot basically can not add anything in this interior side yard if he / she wishes to add a similar basement walkout stairs as his/her neighbor.

How does zoning by-law stipulate on this tricky situation in a fair manner, rather than something like "first come, first approved"?
Click to expand...
I think that you answered your own question.
 
ICE said:
I think that you answered your own question.
Click to expand...
Only one of the two lots can add a basement walkout stairs on the interior side yard in this scenario. Are you saying the city would approve a permit on the basis of "first come, first approved"?
 
sunyaer said:
Only one of the two lots can add a basement walkout stairs on the interior side yard in this scenario. Are you saying the city would approve a permit on the basis of "first come, first approved"?
Click to expand...
Why not? Apparently one owner has a need or desire for the stairs, the other does not. It's not the city's place to track down all possible future work.
 
Would a hole in the ground for basement stars affect the distance between buildings? Are stairs allowed in the setback area? Instead of first come first served I like what’s good for the goose is good for the gander. And in line with that everybody gets a no.
 
Last edited:
e hilton said:
Why not? Apparently one owner has a need or desire for the stairs, the other does not. It's not the city's place to track down all possible future work.
Click to expand...
I would look at the situation this way: One owner has a need or desire for the stairs at a time before the other does. I am not a lawyer, while through my gust feeling, I feel it's a bit going against fairness and equity, don't you?
 
I perfectly that the AHJ should discuss the situation with the neighbor and explain to him that if the variance is granted for the 1st home he couldn't grant one for the 2nd home. See how the neighbor feels about that situation before approving it for the 1st home.
 
Msradell said:
I perfectly that the AHJ should discuss the situation with the neighbor and explain to him that if the variance is granted for the 1st home he couldn't grant one for the 2nd home. See how the neighbor feels about that situation before approving it for the 1st home.
Click to expand...
That puts the neighbor in an uncomfortable position. If the neighbor says that he's against the variance that might cause strife between the two. The neighbor might be intimidated by the applicant. In the case at hand, it is either allowed or it is not and that should already be established.

There is precedent for asking neighbors for opinions about a project but it encompasses a neighborhood, not just one neighbor and the individual opinions are kept confidential.
 
Zoning changes and such as advertised to property owners within a certain distance, becuse it's a change. Asking neighborhood permission for something that is within existing code and zoning is going to open up a terrible situation.
 
I think we are all on the same page here. The rule seems unfair, but it is up to the AHJ. If this is what they have decided on, it is up to them.

We all know how this is going to blow up politically when one person gets to do it, but the neighbour won't be allowed.
 
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