4.0 ZONING BY-LAW REGULATIONS 1-2014

The subject lands are zoned ‘Commercial District 2.1 (CD2.1)’ in the Comprehensive Zoning By-law 8600 for the City of Windsor.

Please refer to APPENDIX A - (CD2.1) ZONE PROVISIONS.

CD2.1 BYLAW PROVISIONS

i) Section 15.1.1 does not permit residential use on the main floor. The ZBA will permit residential use on both the main floor and the second floor for a low profile residential building.

ii) Table 24.20.5.1 defines ‘Multiple Dwelling containing a minimum of 5 Dwelling Units requires 1.25 spaces for each dwelling unit to allocate one space per unit and a visitor parking space.” The subject site did not provide parking on site with residential units considered legal non-conforming. With 6 residential apartment units being legally represented in the building, 8 parking spaces are required. The revised site only accommodates 7 parking spaces so the requested amendment will recognize the site specific provision of 7 spaces.

COMMENT:

The site specific zoning bylaw amendment will recognize the residential use of the existing building.

In addition, the site specific amendment will identify that 7 parking spaces will be provided on site, providing for the proposed residential units and one additional visitor parking. On street parking was provided for the commercial units on the ground floor. Visitor parking can be utilized on a temporary basis on street to accommodate the additional visitor space the site cannot accommodate.

COMMENT:

The requested by-law amendment will establish the inclusion of residential apartment uses in the existing building to create a low profile, small scale building with 6 residential units.

In my professional opinion, the requested ZBA maintains the intent of the Comprehensive Zoning By-law regulations for the City of Windsor. After passing of the ZBA, the proposed development will comply with the regulatory framework under the CZB for the City of Windsor.