Comment submitted on behalf…

Comment submitted on behalf of the Corporation of the City of Windsor, through the Office of Windsor Mayor Drew Dilkens.

Windsor Comments - Proposed Regulation – As-of-right Variations from Setback Requirements

Proposed Regulation – As-of-right Variations from Setback Requirements – Summary of the proposal can be found here along with supporting documents: Proposed Regulation– As-of-right Variations from Setback Requirements | Environmental Registry of Ontario

City of Windsor Comments:
Planning Comments:

Minor Variance Flexibility:
• Regulation-making power granted to the Minister to allow certain variances as-of-right (e.g. 10% variation from existing side yard setback requirements without Committee of Adjustment approval).
• While providing flexibility to proposals that are within 10% of the by-law requirement, this change will effectively decrease the required distance between most dwellings within the City. The current minimum side yard setback is 1.2 metres, which is consist with requirements under the Building Code to have 2.4 metres between most dwellings. Less than 2.4 metres of distance may require building material upgrades and/or reduction in wall openings to address safety concerns, which will lead to additional project costs.
• The 10% variation should be subject to criteria demonstrating why the design cannot reasonably comply with the required setback (e.g. existing building).