Thank you for the…

Thank you for the opportunity to provide comments on the Protect Ontario by Building Fast and Smarter Act. Town staff offer the following comments on the proposed As of Right from Setback Requirements regulations.

General Comments:

Staff have concerns regarding the broad application of the "as-of-right" provision across all zoning by-law setback requirements. The zoning by-law review process is intended to ensure that land use planning is orderly, safe, and sustainable. Zoning standards are carefully established to regulate land and buildings in a way that protects public health and safety, preserves neighbourhood character, and promotes compatibility between uses. Applying a general 10% reduction to setback requirements could undermine these objectives and result in unintended impacts on adjacent properties and the overall planning framework.

When Planning staff review a minor variance application for setback relief, several key considerations are assessed. These considerations include maintaining sufficient separation between the dwelling and the lot line to accommodate private surface drainage, the extension of municipal services and utilities to support ARUs, and to facilitate building maintenance, such as access to eaves and exterior walls, while also ensuring clear and unobstructed access to the rear yard. Setback requirements also play a crucial role in maintaining a consistent development pattern, protecting privacy, and reinforcing the established character of mature neighbourhoods. The application of a 10% "as-of-right" setback reduction within the zoning by-law could directly impact these considerations, potentially undermining the intent and effectiveness of the current standards.

Staff are seeking clarification on whether the proposed regulations apply to individual lots or entire subdivisions. Allowing as-of-right setback reductions without a minor variance effectively lowers the minimum standard for all applications. This could reduce building separation by 20%, which could cause concerns for adequate space for air conditioning units, proper drainage, and rear yard access. These provisions should be limited to individual properties, not large-scale developments like subdivisions.

Staff have similar concerns regarding the potential for increased height and lot coverage permissions. Increased lot coverage may negatively impact stormwater management and drainage issues by reducing the amount of permeable surface available on a lot that increases the volume of surface drainage which was not included in the design of municipal storm sewers. Additionally, greater flexibility in both height and lot coverage could undermine the intent of previously approved Mature Neighbourhood zoning provisions, which were designed to preserve the established character and built form of these areas.

When a building is located closer to a property line after a permit is issued due to the knowledge that there is an as of right 10% reduction, the impact on the spatial separations and construction requirements within the building code could drastically change as most designs are based on the maximum allowable openings. It is understood that this proposal is meant to relieve submitted designs prior to construction from requiring a minor variance. It is understood that a building could be improperly located/built during construction. The concern is the misinterpretation during construction that there is an as of right set back reduction allowance that could result in “as built” building conditions that do not meet the spatial separation or construction requirements of the building code. These situations are significantly more expensive and time-consuming than going through a variance.

Town staff urge the Province to consult with local municipalities during the development of the proposed regulations that would allow variations to be permitted “as-of-right”. Consultation with local municipalities responsible for implementing these regulations is vital to ensure that the proposed variations to be permitted as of right do not negatively impact local residents.