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Committee of Adjustment
June 15, 2022
What was decided (12 motions)
11 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
That the Committee of Adjustment Hearing Minutes dated May 18, 2022, be received. A recorded vote was taken as follows:
Moved by W. Snell, seconded by K. Mifsud
Carried
That the variance requested for Minor Variance Application A 023-22 be revised to permit: 1. A driveway width (maximum) of 16.9 metres (55.4 feet), whereas the by-law permits a driveway width (maximum) of 10 metres (32.8 feet) in accordance with the site plan attached as Schedule D to the staff report; and That the revised variance for Minor Variance Application A 023-22, be approved with conditions attached as Schedule C to this report as the variance requested meets the four tests as set out in Section 45(1) of the Planning Act. Conditions 1. That the Secretary-Treasurer receive written confirmation from the Planning Department that Oak Ridges Moraine Site Plan application SPA 2022-0009 is deemed to be satisfactory. A recorded vote was taken as follows:
Moved by W. Snell, seconded by D. Crandall
Carried
That the variances requested for Minor Variance Application A 024-22 be revised to permit: 1. A driveway width (maximum) of 21.3 metres (69.9 feet), in accordance with the site plan attached as Schedule D to the report; whereas the by-law permits a driveway width (maximum) of 10 metres (32.8 feet); and 2. A building height (maximum) for a structure accessory to a residential use of 7.9 metres (25.9 feet), whereas the by-law permits a building height (maximum) for a structure accessory to a residential use of 4.5 metres (14.8 feet); and That the revised variances for Minor Variance Application A 024-22 be approved with conditions attached as Schedule C to this report as the variances requested meet the four tests as set out in Section 45(1) of the Planning Act. Conditions 1. That the Secretary-Treasurer receive written confirmation from the Planning Department that the related Oak Ridges Moraine Site Plan application (SPA 2021- 0091) is deemed to be satisfactory. A recorded vote was taken as follows:
Moved by K. Mifsud, seconded by W. Snell
Carried
That the variances requested for Minor Variance Application A 025-22 be revised to include reference to the site plan: 1. A parking space setback (minimum) of 1.5 metres (4.9 feet) to an interior side yard, in accordance with the site plan attached as Schedule D to the report, whereas the by-law requires a parking space setback (minimum) of 3 metres (9.8 feet); 2. A landscaped berm width (minimum) of 9 metres (29.5 feet), in accordance with the site plan attached as Schedule D to the report, whereas the by-law requires a landscaped berm width (minimum) of 12 metres (39.4 feet); 3. A planting strip width of 1.05 metres (3.44 feet) along an interior side yard, in accordance with the site plan attached as Schedule D to the report, whereas the by- law requires a planting strip (minimum) of 1.5 metres (4.9 feet) along an interior side yard; 4. To permit the required Landscaped Buffer to have a width (minimum) of 12.65 metres (41.5 feet) at its narrowest section, in accordance with the site plan attached as Schedule D to the report, whereas the by-law requires a Landscaped Buffer to have a width (minimum) of 16.8 metres (55.12 feet); and 5. To permit the proposed Industrial Use to encroach into the lands zoned Open Space Exception 417 (OS-417) on the subject property, in accordance with the site plan attached as Schedule D to the report, whereas Open Space Exception 417 (OS-417) does not permit the Industrial Use; and That the revised variances for Minor Variance Application A 025-
Moved by D. Crandall, seconded by W. Snell
Carried
That Application A 027-22 to permit an accessory apartment that is 45.65% of the floor area of the dwelling to which it is accessory to, be approved with conditions. Conditions 1. That the Secretary-Treasurer receive written confirmation from the Toronto and Region Conservation Authority that the owner has submitted the required variance application fee of $610 payable to TRCA. A recorded vote was taken as follows:
Moved by W. Snell, seconded by D. Crandall
Carried
That the variance requested for Minor Variance Application A 028-22 be revised to include reference to the site plan: 1. To permit an interior yard setback (minimum) of 5 metres (16.4 feet) for an agricultural use, in accordance with the Site Plan attached as Schedule C to the report, whereas the by-law requires an interior yard setback (minimum) of 15 metres (49.2 feet) for an agricultural use; and That the revised variance for Minor Variance Application A 028-22 be approved as the variance requested meets the four tests as set out in Section 45(1) of the Planning Act. A recorded vote was taken as follows:
Moved by D. Crandall, seconded by K. Mifsud
Carried
That the variances requested for Minor Variance Application A 029-22 be revised to permit: 1. The existence of two dwellings on the subject lands until the proposed dwelling has been constructed for a period of two years to June 15, 2024 (Relief from Section 4.9 – Dwellings Per Lot); and 2. A building height (maximum) of 12.4 metres (40.7 feet), whereas the by-law permits a building height (maximum) of 10.5 metres (34.4 feet); and That the revised variances for Minor Variance Application A 029-22 be approved with conditions attached as Schedule C to this report, as the variances meet the four tests as set out in Section 45(1) of the Planning Act. Conditions 1. That the Secretary-Treasurer receive written confirmation from the Planning Department that Oak Ridges Moraine Site Plan application SPA 2022-0009 is deemed to be satisfactory. 2. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items: a) A registered second dwelling agreement and the collection of applicable securities, if required, and insurance. This agreement shall be prepared by Legal Services and all costs associated with the preparation and registration of same shall be at the expense of the applicant in accordance with the Town’s Fees By- law. A recorded vote was taken as follows:
Moved by W. Snell, seconded by K. Mifsud
Carried
That Application A 030-22, be
Moved by K. Mifsud, seconded by W. Snell
Deferred
That Application B 018-21 to create a new lot inclusive of three lot line adjustments on the subject property, be conditionally approved. Conditions 1. That the Secretary-Treasurer’s Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer’s Certificate. 2. That the Secretary-Treasurer receive draft reference plan(s) for approval by the Planning Department and Legal Services Section. 3. That the Secretary-Treasurer and Legal Services receive the required number of prints of the resultant deposited reference plan(s). 4. That the Secretary-Treasurer receive written confirmation from the Town’s Engineering Services Department that the applicant is to submit for approval a satisfactory grading and servicing plan showing the proposed and existing grades and service locations. The plan is to conform to the Towns Development Engineering Standards and include existing grades up to 10m outside of the subject property limits or far enough to determine existing drainage patterns and confirm that the development will have no adverse impact to adjacent lands. Draining is to be self- contained, existing property lines are to be matched and swales identified for the conveyance of drainage. The drawing shall be stamped and signed by a professional engineer licensed in the Province of Ontario and shall be in compliance with the town’s Development Standards. 5. That the Secretary-Treasurer receive written confirmation from Legal Services indi
Moved by W. Snell, seconded by D. Crandall
Carried
That Application B 019-21 to create a lot line adjustment from the subject lands where approximately 196.1 square metres (2,110.8 square feet) of land will be merged with the existing lot located at 8 Jean Street resulting in a larger lot at 8 Jean Street, be approved with conditions. Conditions 1. Subsection 50(3) and/or 50(5) of the Planning Act, shall apply to any subsequent conveyance or transaction and the Secretary-Treasurer’s Certificate shall contain reference to this stipulation. 2. That the Secretary-Treasurer’s Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer’s Certificate. 3. That the Secretary-Treasurer receive draft reference plan(s) for approval by the Planning Department and Legal Services Section. 4. That the Secretary-Treasurer and Legal Services receive the required number of prints of the resultant deposited reference plan(s). 5. That the Secretary-Treasurer receive a letter from the Zoning Administrator confirming that both the resultant and retained parcels satisfy all applicable zoning bylaw standards. The owner/agent must submit a development plan (drawn to scale in metric) certified by an Ontario Land Surveyor showing sufficient detail for staff to assess compliance with all the applicable standards. 6. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items: a. Draft Transfer prepared to the satisfaction of Legal Se
Moved by D. Crandall, seconded by K. Mifsud
Carried
That Application B 020-21 to create a lot line adjustment from the subject lands where approximately 195.1 square metres (2,100 square feet) of land will be merged with the existing lot located at 16 Hilltop Drive resulting in a larger lot at 16 Hilltop Drive, be approved with conditions. Conditions 1. Subsection 50(3) and/or 50(5) of the Planning Act, shall apply to any subsequent conveyance or transaction and the Secretary-Treasurer’s Certificate shall contain reference to this stipulation. 2. That the Secretary-Treasurer’s Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer’s Certificate. 3. That the Secretary-Treasurer receive draft reference plan(s) for approval by the Planning Department and Legal Services Section. 4. That the Secretary-Treasurer and Legal Services receive the required number of prints of the resultant deposited reference plan(s). 5. That the Secretary-Treasurer receive a letter from the Zoning Administrator confirming that both the resultant and retained parcels satisfy all applicable zoning bylaw standards. The owner/agent must submit a development plan (drawn to scale in metric) certified by an Ontario Land Surveyor showing sufficient detail for staff to assess compliance with all the applicable standards. 6. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items: a. Draft Transfer prepared to the satisfaction of Lega
Moved by W. Snell, seconded by K. Mifsud
Carried
That Application B 021-21 to create a lot line adjustment from the subject lands where approximately 631.5 square metres (6,797.4 square feet) of land will be merged with the existing lot located at 18 Hilltop Drive resulting in a larger lot at 18 Hilltop Drive, be approved with conditions. Conditions 1. Subsection 50(3) and/or 50(5) of the Planning Act, shall apply to any subsequent conveyance or transaction and the Secretary-Treasurer’s Certificate shall contain reference to this stipulation. 2. That the Secretary-Treasurer’s Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer’s Certificate. 3. That the Secretary-Treasurer receive draft reference plan(s) for approval by the Planning Department and Legal Services Section. 4. That the Secretary-Treasurer and Legal Services receive the required number of prints of the resultant deposited reference plan(s). 5. That the Secretary-Treasurer receive a letter from the Zoning Administrator confirming that both the resultant and retained parcels satisfy all applicable zoning bylaw standards. The owner/agent must submit a development plan (drawn to scale in metric) certified by an Ontario Land Surveyor showing sufficient detail for staff to assess compliance with all the applicable standards. 6. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items: a. Draft Transfer prepared to the satisfaction of Le