by Sylene Argent, Local Journalism Initiative
Admin to find resolution for issue with driveway at 33 Irwin Avenue
Essex Council received the Report “Driveway at 33 Irwin Avenue” that David McBeth, Manager, Capital Work and Asset Management, prepared.
Back in September, the landowner, John Fraser, approached Council regarding concerns of his driveway width after the reconstruction on the road. As a result of the delegation, Council directed Administration to bring back a report on the cost to expand the driveway at 33 Irwin Avenue.
He said his original permit for a driveway was applied for around five-years ago. He was permitted to cut the curb at 25’. His driveway is 19’ wide. He was told by Town staff his driveway width was going to be shortened, because the 25’ width puts him over where the driveway is and could potentially allow someone to park on the boulevard, blocking the sidewalk. That was due to the road reconstruction.
It is around 16’4’’ now.
Council moved then to receive the delegation and to have a report created on the cost of allowing the full 19’ of the driveway.
At the October 7 meeting, when the matter returned before Council, it was decided some members of Council and administration would have an onsite meeting to learn more regarding the width of a driveway at 33 Irwin Avenue and to speak with the property owner.
The report McBeth provided estimates to complete the required work was $8,588. Administration recommended the cost to widen the driveway be borne by the property owner, who could choose to select a different contractor, if desired.
McBeth previously noted the Town did not approach residents for any additional widening. The engineering consultant surveyed existing driveways, and as part of the detailed design, the driveways were matched at the property line. They were given an additional foot on either side for the flare.
McBeth said residents reached out to the contractor about getting additional concrete. That was above and beyond what the Town had initiated as part of the road construction.
Councillor Joe Garon noted he met with Fraser and other residents on the road recently. He added a permit was pulled in 2019 for a curb cutout for this property. He said this is a different circumstance.
He put forward a motion that Town administration meet with Fraser to discuss coming to a resolution as to what the proper curb cutout should be, based on the permit awarded five-years ago. Admin would report back to Council after that meeting.
Deputy Mayor Rob Shepley wanted to see any work that is done to be completed after the maintenance period. Garon assumed this type of direction can be discussed when the matter comes back to Council.
In answering Councillor Katie McGuire-Blais’s question on what is different about this meeting than the one already had on this driveway with administration. Director of Legislative Services/Clerk, Joe Malandruccolo, explained in this circumstance there was something different with this matter than the other driveways on the road, and there is information that will allow administration to come to a conclusion with the resident to satisfy all parties.
If administration can come to some sort of proposal, Malandruccolo believes that is the best way to address the matter.
ZBA for 80 Maidstone Avenue West approved
Council passed By-Law Number 2392, being a By-Law to amend the Comprehensive Zoning By-Law for the Town of Essex, for 80 Maidstone Avenue West.
In addition, the Subdivision Development Agreement between 1552843 Ontario Limited and the Corporation of the Town of Essex for the lands located at 80 Maidstone was amended to include a provision requiring the owner of the development to construct a privacy fence, to the satisfaction of the Town of Essex, along the property boundary between Lots 1 to 13 and the residential lots along Bell Avenue.
A further amendment was made to reduce the building height from eight-meters to six.
This matter was discussed during a public meeting on October 21 to review the merits on the matter and hear public feedback.
Semi-detached and townhomes are still being proposed. The size of or the number of lots are not changing.
Director of Planning Services, Lori Chadwick, said the developer proposed amendments to the zoning regulations to facilitate a larger building envelope for more living space.
In speaking to concerns heard, Chadwick noted the developer was unable to provide a 25-foot rear yard setback due to the required width of Suzy Court and Lucy Lane, two rights-of-way in the Plan of Subdivision required to be designed to municipal standards. He was still requesting a 20-foot rear yard setback for all lots.
Regarding the encroachment of decks into the required rear yard, Chadwick said the max height is 4’ as per the Zoning By-Law and they can only encroach 6.5’. In terms of the building height, Chadwick said it was not stipulated it would be limited to one-storey. The developer has agreed to reduce the originally requested 10-meter height to eight-meters.
To mitigate impact to landowners along Bell Avenue, the developer agreed to install a six-foot privacy fence.
Andrea Grimes, a resident of the area, presented a list of suggestions to Council to keep the beauty and the charm the area has for current and future generations. That included the possibility of limiting the deck height to three-feet.
It was noted the deck height is 3’4’’.
Deputy Mayor Rob Shepley said he was pleased to see the developer took some of the concerns and worked with the residents.
Councillor Katie McGuire-Blais added that the building height should be reduced from eight-meters to six.
Chadwick noted administration would have to return with a report amending the development agreement for the fence.
For additional Town of Essex Council notes for Monday, November 4, see the articles “Essex Council endorses 20% affordable housing target for Harrow High School redevelopment” and “Essex enters lease agreement with Chittle Sports Academy for space at Essex Arena.” More Council news will be found in the November 14 edition of the Essex Free Press.