Committee of Adjustment

Meeting #:
Date:	Thursday, October 29, 2020
Time:	1:00 P.m. - 4:00 P.m.
Location:	Online Video Conference

Members

• Sebastian Patrizio, (Chair)
• David George
• John Page
• David Kennedy
• Wajeeha Shahrukh
• David Cook
• John Kwast

Staff Present

• Shelby Clements

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1.

CALL TO ORDER

2.

DECLARATION OF CONFLICT OF INTEREST

3.

DEFERRALS OR WITHDRAWLS

4.

MATTERS TO BE CONSIDERED

4.1

B-49/20

5869 AIRPORT RD (WARD 5)

BRL REALTY LIMITED

No public comments were received as a result of the public circulation of this application.

Committee asked questions of the agent who appeared before the Committee.

 

The applicant agreed with the conditions requested by city and agency staff.

 

DECISION

 

Committee has taken into consideration all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality.

 

The Committee, having regard to those matters under subsection 51(24) of the Planning Act R.S.O. 1990, c. P.13., as amended, resolves to grant provisional consent subject to the conditions of Appendix A being fulfilled.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  D. George

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED ON CONDITIONS AS STATED IN APPENDIX A:

   

  To permit a lease greater than 21 years.

  
  
  
  

4.2

B-50/20

5889 AIRPORT RD (WARD 5)

BRL REALTY LIMITED

No public comments were received as a result of the public circulation of this application.

Committee asked questions of the agent who appeared before the Committee.

 

The applicant agreed with the conditions requested by city and agency staff.

 

DECISION

 

Committee has taken into consideration all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality.

 

The Committee, having regard to those matters under subsection 51(24) of the Planning Act R.S.O. 1990, c. P.13., as amended, resolves to grant provisional consent subject to the conditions of Appendix A being fulfilled.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  D. George

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED ON CONDITIONS AS STATED IN APPENDIX A:

   

  To permit a lease greater than 21 years.

  
  
  
  

4.3

B-51/20

71 PARK ST W (WARD 1)

DANE HAWKINS & MARIA HAWKINS FOSTER

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from two area resident expressing objections for the subject application.

 

Two area residents appeared before the Committee and expressed concerns for the application. Concerns included the semi-detached permissions under the Zoning regulations and parking.

 

Committee asked questions of the agent who appeared before the Committee.

 

The Applicant agreed with the conditions requested by city and agency staff.

 

 

 

 

DECISION

 

Committee has taken into consideration, on balance, any and all submissions made before its decision including two written submissions and two oral submissions.

 

The Committee, having considered all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality.

 

The Committee, having regard to those matters under subsection 51(24) of the Planning Act R.S.O. 1990, c. P.13., as amended, resolves to grant provisional consent subject to the conditions of Appendix A being fulfilled.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED ON CONDITIONS AS STATED IN APPENDIX A:

   

  To sever a parcel of land for the creation of a new lot. The parcel has a frontage of approximately 7.62m and an area of approximately 319.4sq.m.

  
  
  
  

4.4

B-38/20A-201/20A-202/20

40 PINE AVE N (WARD 1)

BABAK NAGHASH

No public comments were received as a result of the public circulation of this application.

Committee asked questions of the agent who appeared before the Committee.

The Applicant agreed with the conditions requested by city and agency staff.

 

DECISION

 

Committee has taken into consideration, on balance, any and all submissions made before its decision including three written submissions.

 

The Committee, having considered all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality.

 

The Committee, having regard to those matters under subsection 51(24) of the Planning Act R.S.O. 1990, c. P.13., as amended, resolves to grant provisional consent subject to the conditions of Appendix A being fulfilled.

 

CORRESPONDENCE & DISCUSSION

 

No public comments were received as a result of the public circulation of this application.

 

Committee asked questions of the agent who appeared before the Committee.

 

DECISION

 

The applicant requested that the application be amended and Committee agreed to the request.

 

Committee has taken into consideration, on balance, any and all submissions made before its decision including three written submissions. They have also considered all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the application is minor in nature, desirable for the appropriate development on the subject property, and that the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED ON CONDITIONS AS STATED IN APPENDIX A:

   

  To sever a parcel of land for the creation of a new lot. The parcel of land has a frontage of approximately 6.74m and an area of approximately 291.44sq.m.

   

  CONDITIONS:

  1. The variance application approved under File(s) A201/20 & A202/20 must be finalized.
  
  
  
  
• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITION:

   

  To allow the construction of a semi-detached dwelling proposing a side yard of 1.00m whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.20m in this instance.

   

  CONDITION:

   

  1. Variance(s) approved under file(s) A201/20 & A202/20 shall lapse if the consent application under file B38/20 is not finalized within the time prescribed by legislation.
  
  
  
  
• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITION:

   

  To allow the construction of a semi-detached dwelling proposing:

  1. A lot frontage of 6.74m whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 6.80m in this instance; and
  2. A side yard of 1.00m whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.20m in this instance.

   

  CONDITION:

   

  1. Variance(s) approved under file(s) A201/20 & A202/20 shall lapse if the consent application under file B38/20 is not finalized within the time prescribed by legislation.
  
  
  
  

4.5

A-330/20

6981 CORDINGLEY CRES (WARD 9)

MAHIN & DILANI DE SILVA

No public comments were received as a result of the public circulation of this application.

Committee asked questions of the agent who appeared before the Committee.

 

DECISION

 

The applicant requested that the application be amended and Committee agreed to the request.

 

Committee has taken into consideration all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the application is minor in nature, desirable for the appropriate development on the subject property, and that the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  W. Shahrukh

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED:

   

  To allow the construction of an addition on the subect property proposing a rear yard of 4.8m; whereas, By-law 0225-2007, as amended, requires a minimum rear yard of 7.5m, in this instance.

  
  
  
  

4.6

A-331/20

101 HOLLYROOD HEIGHTS DR (WARD 1)

MCGUIGAN JAMES ALEXANDER

This file has been withdrawn from consideration by the agent.

4.7

A-332/20

1468 ELAINE TR (WARD 1)

MOHANNAD SAMRA & MOHAMMED KHAN

No public comments were received as a result of the public circulation of this application.

Committee asked questions of the agent who appeared before the Committee.

 

DECISION

 

Committee has taken into consideration all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the application is minor in nature, desirable for the appropriate development on the subject property, and that the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Kwast

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

   

  To allow the construction of a new home on the subject property proposing a height measured to the eaves of 7.65m whereas By-law 0225-2007, as amended, permits a maximum height measured to the eaves of 6.40m in this instance.

  
  
  
  

4.8

A-333/20

2225 ERIN MILLS PKY (WARD 8)

SHERIDAN RETAIL INC

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from one area resident expressing concerns for the subject application.
• Correspondence was received from one area resident expressing no objection for the subject application.

 

1. Petricca, Planning and Building, added that if Committee saw merit in the application, that they recommend imposing a condition restricting the GFA of the storage use to a maximum of 5%.

 

One area residents appeared before the Committee and expressed concerns for the application.

 

Committee asked questions of the agent who appeared before the Committee. Committee discussed the size and location of the storage use and had concerns about illuminated signage.

 

 

 

 

DECISION

 

Committee has taken into consideration, on balance, any and all submissions made before its decision including two written submissions, two oral submissions. They have also considered all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the application is minor in nature, desirable for the appropriate development on the subject property, and that the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITIONS FOR A TEMPORARY PERIOD OF 5 YEARS (approval will lapse on NOV, 30, 2025):

   

  To allow a self storage facility on the subject property whereas By-law 0225-2007, as amended, does not permit such a use in this instance.

   

  CONDITION(S):

   

  1. There shall be no outside storage in the parking area.
  2. Construction related to this variance shall be in general conformance with the site plan approved by the Committee.
  3. Gross floor area of the storage facility shall be restricted to a gross floor area of 2,738.50sq.m.

  Access to the storage facility shall only be from P2.

  
  
  
  

4.9

A-334/20

55 PORT ST E (WARD )

BROWN MAPLE INVESTMENTS LTD

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from one area resident expressing concerns for the subject application.

 

One area resident appeared before the Committee and expressed concerns for the application.

 

Committee asked questions of the agent who appeared before the Committee.

 

DECISION

 

Committee has taken into consideration, on balance, any and all submissions made before its decision including one written submission and one oral submission. They have also considered all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the application is minor in nature, desirable for the appropriate development on the subject property, and that the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO CONDITION:

   

  To permit a residential building proposing:

  1. A maximum balcony projection of 5.20m whereas By-law 0225-2007, as amended, permits a maximum balcony projection of 1.00m in this instance;
  2. An encroachment into a required yard of 3.00m whereas By-law 0225-2007, as amended, permits a maximum encroachment into a required yard of 1.80m in this instance;
  3. To permit a path of egress and vent shaft within the landscape buffer abutting open space lands, whereas By-law 0225-2007, as amended, does not permit a path of egress and vent shaft within the landscape buffer abutting open space lands in this instance;
  4. To permit an exit stairwell within a landscape buffer abutting open space lands, whereas By-law 0225-2007, as amended, does not permit an exit stairwell within a landscape buffer abutting open space lands in this instance; and
  5. To permit an exit stairwell with a 0m setback in the south east corner, whereas By-law 0225-2007, as amended, does not permit an exit stairwell with a 0m setback in the south east corner in this instance.

   

  CONDITION:

   

  1. Construction related to this variance shall be in general conformance with the plans approved by the Committee.
  
  
  
  

4.10

A-335/20

3585 MAVIS RD (WARD 7)

NYE MARK EDWARD

No public comments were received as a result of the public circulation of this application.

Committee asked questions of the agent who appeared before the Committee. The Committee expressed concern for the expansion. The Committee discussed the Development Zone permissions and future plans for the site and Mavis Road stretch.

 

DECISION

 

Committee has taken into consideration all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the application is not minor in nature, is not desirable for the appropriate development on the subject property, and that the general intent and purpose of the Zoning By-law and the Official Plan are not maintained.

• DECISIONS

  Accordingly, the Committee resolves to refuse the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION REFUSED:

   

  To permit the construction of a two storey addition, proposing a gross floor area of 692.90m² to the existing industrial building with an existing gross floor area of 1193.40 m²; whereas, By-law 0225-2007, as amended, permits only minor alterations or additions to existing industrial facilities, buildings and structures, in this instance.

  
  
  
  

4.11

A-337/20

1496 PINETREE CRES (WARD 1)

CASHEL MEAGHER & LEANNE LUHTA

On October 22, 2020, A. Beuamont, agent, requested to defer the application to verify the accuracy of the requested variances.

The Committee consented to the request and deferred the application until further notice.

4.12

A-339/20

3672 KARIYA DR (WARD 7)

2729740 ONTARIO INC

No public comments were received as a result of the public circulation of this application.

Committee asked questions of the agent who appeared before the Committee.

 

DECISION

 

The applicant requested that the application be amended and Committee agreed to the request.

 

Committee has taken into consideration all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the application is minor in nature, desirable for the appropriate development on the subject property, and that the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  D. Cook

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITION FOR A TEMPORARY PERIOD OF 5 YEARS (approval will lapse on NOV, 30, 2025):

   

  The applicant requests the Committee to approve a minor variance to allow:

   

  1. To permit a one storey sales office on lands currently zoned H-CC2(2); whereas, By-Law 0225-2007, as amended, does not permit a sales office on lands zoned H-CC2(2), in this instance;
  2. To permit a one storey sales office on lands where the zoning designation is preceded by a Holding provision (‘H’); whereas, By-law 0225-2007, as amended, does not permit the erection of buildings or structures on lands where the zoning designation is preceded by a Holding provision (‘H’), in this instance; and,
  3. To permit a one storey sales office on lands currently zoned H-CC2(2), to be erected not in accordance with Schedule CC2(2); whereas, By-Law 0225-2007, as amended, requires all buildings and structures to be built in accordance with Schedule CC2(2), in this instance; and
  4. A minimum floor area of 700m²; whereas, By-law 0225-2007, as amended, requires a minimum gross floor area - apartment zone of 1.0 times the lot area, in this instance.

   

  CONDITION:

   

  1. Construction related to the variance shall be in general conformance with the plans approved by the Committee (SITE PLAN: A100, IBI Group, April/2020).
  
  
  
  

4.13

A-425/19

1259 HAIG BLVD (WARD 1)

PAULO MEDEIROS & ANDREIA CAETANO

The Secretary – Treasurer noted the comments received from:

• One written submission was received withdrawing their previously submitted comment to the Committee.

 

1. Petricca, Planning and Building Department, spoke noting a requirement for soft landscaping within the R3-75 Zone.

 

Committee asked questions of the agent who appeared before the Committee.

 

DECISION

 

Committee has taken into consideration, on balance, all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the only variance(s) 1, 2, 4 were minor in nature, desirable for the appropriate development on the subject property, and maintain the general intent and purpose of the Zoning By-law and the Official Plan.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED IN PART SUBJECT TO CONDITIONS:

   

  To approve a minor variance to allow the construction of a rear covered patio on the subject property proposing:

  1. A lot coverage of 47.29% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.00% of the lot area in this instance;
  2. A rear yard of 5.80m whereas By-law 0225-2007, as amended, requires a minimum rear yard of 7.50m in this instance;
  3. A walkway width of 1.90m whereas By-law 0225-2007, as amended, permits a maximum walkway width of 1.50m in this instance.

   

  CONDITION(S):

  1. Roof structure of the covered patio shall be equipped with an eaves trough and downspout directed in such a manner as to not impact the adjacent lots.
  2. A swale along the rear properly limit shall be reinstated.
  
  
  
  

4.14

A-190/20

594 OLD POPLAR ROW (WARD 2)

VALENTINA DONISON

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from three area residents expressing concerns for the subject application.

 

Three area residents appeared before the Committee. Concerns included runoff, tree preservation and the possibility of including permeable surfaces.

 

Committee asked questions of the agent who appeared before the Committee.

 

DECISION

 

The applicant requested that the application be amended and Committee agreed to the request.

 

Committee has taken into consideration, on balance, any and all submissions made before its decision including forty-six written submissions, eleven oral submissions and two petitions. They have also considered all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the application is minor in nature, desirable for the appropriate development on the subject property, and that the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITION:

   

  To allow the construction of a new house proposing:

  1. A driveway width of 22.26m whereas By-law 0225-2007, as amended, permits a maximum driveway width of 8.50m in this instance;
  2. A walkway width attachment of 2.90m whereas By-law 0225-2007, as amended, permits a maximum walkway width attachment of 1.50m in this instance;
  3. A northerly side yard of 2.53m whereas By-law 0225-2007 as amended, requires a minimum northerly side yard of 5.00m in this instance;
  4. A northerly side yard measured to the window well of 2.53m whereas By-law 0225-2007 as amended, requires a minimum northerly side yard measured to the window well of 4.39m in this instance;
  5. A floor area of an accessory structure of 67.03sq.m whereas By-law 0225-2007, as amended, permits a maximum floor area of an accessory structure of 60.00sq.m in this instance;
  6. A dwelling unit depth of 56.10m whereas By-law 0225-2007, as amended, permits a maximum dwelling unit depth of 20.00m in this instance;
  7. A building height measured to the eaves of 11.51m whereas By-law 0225-2007, as amended, permits a maximum building height measured to the eaves of 6.40m in this instance;
  8. A building height measured to the highest ridge of 13.47m whereas By-law 0225-2007, as amended, permits a maximum building height of 9.50m in this instance;
  9. A building height measured to a flat roof of 9.20m whereas By-law 0225-2007, as amended, permits a maximum building height measured to a flat roof of 7.50m in this instance;
  10. A garage area of 137.25sq.m whereas By-law 0225-2007, as amended, permits a maximum a garage area of 75.00sq.m in this instance; and
  11. A combined width of side yards of 4.33m whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 5.00m in this instance.

   

  CONDITION:

   

  1. Construction related to the variance shall be in general conformance with the plans approved by the Committee.
  
  
  
  

4.15

A-265/20

150 PAISLEY BLVD W (WARD 7)

CANAHAHNS COMPANY LIMITED

The Secretary – Treasurer noted the comments received from:

• City of Mississauga, Planning and Building Department (dated October 21, 2020)
• City of Mississauga, Transportation and Works Department (dated October 21, 2020)
• Region of Peel (dated October 21, 2020)

 

CORRESPONDENCE & DISCUSSION

 

The Secretary – Treasurer noted the comments received from:

 

• Correspondence was received from one area resident expressing objections for the subject application.

 

Committee asked questions of the agent who appeared before the Committee.

 

DECISION

 

Committee has taken into consideration, on balance, any and all submissions made before its decision including two written submissions. They have also considered all relevant materials including: information provided by the applicant, plans submitted, and staff and agency comments, and the majority of the members have determined that the application is minor in nature, desirable for the appropriate development on the subject property, and that the general intent and purpose of the Zoning By-law and the Official Plan are maintained.

• DECISIONS

  Accordingly, the Committee resolves to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED:

   

  To allow a mid-rise rental apartment and above grade parking garage, proposing:

  1. A floor space index of 1.82; whereas, By-law 0225-2007, as amended, permits a maximum floor space index of 1.50, in this instance;
  2. An exterior side yard of 7.00m for a portion of the dwelling with a height greater than 26.00m; whereas, By-law 0225-2007, as amended, requires a minimum exterior side yard of 10.50m for a portion of the dwelling with a height greater than 26.00m, in this instance;
  3. A centre line setback of 17.70m; whereas, By-law 0225-2007, as amended, requires a minimum centre line setback of 25.50m, in this instance;
  4. A balcony projection above the first storey of 2.30m; whereas, By-law 0225-2007, as amended, permits a maximum balcony projection above the first storey of 1.00m, in this instance;
  5. A balcony encroachment of 5.88m; whereas, By-law 0225-2007, as amended, permits a maximum balcony encroachment of 1.00m, in this instance;
  6. A balcony encroachment into the exterior side yard of 4.31m; whereas, By-law 0225-2007, as amended, permits a maximum balcony encroachment into the exterior side yard of 1.80m, in this instance;
  7. A setback measured from a parking structure to an interior side yard lot line of 4.94m; whereas, By-law 0225-2007, as amended, requires a minimum setback measured from a parking structure to an interior side yard lot line of 7.50m, in this instance;
  8. A landscaped area of 33.63%; whereas, By-law 0225-2007, as amended, requires a minimum landscaped area of 40%, in this instance;
  9. A landscape buffer (southeast lot line) of 1.65m; whereas, By-law 0225-2007, as amended, requires a minimum landscape buffer of 3.00m, in this instance;
  10. 212 residential parking spaces; whereas, By-law 0225-2007, as amended, requires a minimum of 264 residential parking spaces, in this instances; and,
  11. 27 visitor parking spaces; whereas, By-law 0225-2007, as amended, requires a minimum of 41 visitor parking spaces, in this instance.
  
  
  
  

5.

OTHER BUSINESS

6.

ADJOURNMENT