1.2m Side Yard Setbacks - Too Close for Comfort?

Big houses sometimes come with small side yards. In most cases, the minimum side setback area in the City of Calgary is 1.2 meters according to Land Use Bylaw 1P2007:

Building Setback from Side Property Line

456 (1) For a laned parcel, the minimum building setback from any side property line is 1.2 meters.
(2) For a laneless parcel, the minimum building setback from any side property line is:
(a) 1.2 meters; or
(b) 3.0 meters on one side of the parcel, when no provision has been made for a private garage on the front or side of a building.

Typically, this means no part of the building foundation can be closer to the property line than 1.2 meters. Exceptions do happen, and the City Planning Department may grant a relaxation if a building foundation is closer than 1.2 meters after a 6-8 week process.

6-8 can be a very long time, especially if a Real Property Report has been ordered late and it reveals part of a building foundation is too close to the property line and no Development Permit or relaxation had been previously issued. The City will refuse to issue a Certificate of Compliance and closing conditions might not be met in time.

This could have been the case for a recent client in Valley Ridge. City staff were puzzled that the client's house had been previously granted a Certificate of Compliance without a Development Permit or relaxation. A portion of the foundation was only 0.75 meters from the property line.

The projection encroaches 0.45 meters into the side setback area (1.2 subtract 0.75) and is 2.44 meters long.

After some inquiries with senior staff, there is an exception that appears in the City Bylaws. If the portion of the offending foundation is less than 3.1 meters in length, it is considered a "projection" and allowed to encroach up to 0.6 meters into the side setback area.

Length of Portions of a Building in Setback Areas

335 (1) On each storey, the total combined length of all projections into any setback area must not exceed 40.0 per cent of the length of the façade.
(2) The maximum length of an individual projection into any setback area is 3.1 metres.
(3) Subsections (1) and (2) do not apply to:
  (a) decks, eaves, ramps, and stairs when located in any setback area; and
  (b) a private garage attached to a main residential building when located in the rear setback area.

City staff follow a simple "one side clear" rule when checking real property reports. The simple rule is: if one side of the building has projections into the side setback area, the other side needs to be clear of all obstructions.

Projections Into Side Setback Area

337 (1.2) Portions of a building less than 2.4 meters above grade may project a maximum of 0.6 meters, and window wells may project a maximum of 0.8 meters, into a side setback area:

(b)(ii) where at least one side setback area is clear of all central air conditioning equipment, window wells and portions of the building measure from grade to a height of 2.4 meters.

Unfortunately for the client, because one side had projections, the air conditioning units on the other side of the building needed to be moved towards the house to maintain a 1.2 meter clearance. The AC units were encroaching into the side setback area by 0.1 meters.The City refused to issued a Certificate of Compliance and  required another survey showing the air conditioning units at least 1.2 meters from the side property line.

The Air Conditioning units are 0.1 meters too close to the property line, this sideyard must be clear since there are projections on the other side of the house.

Thankfully the units were not bolted to the concrete foundation so they could be easily moved and a new survey was issued for City approval.

When it comes to City of Calgary Planning Bylaws, there are always exceptions - the key is knowing where they are in Land Use Bylaw 1P2007 - a document weighing in at over 944 pages.