Committee of Adjustment

Meeting #:
Date:	Thursday, November 12, 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

B53/20

1190 LORNE PARK RD (WARD 2)

1190 LORNE PARK ROAD DEVELOPMENTS 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.

 

The applicant asked Committee to amend the conditions requested by city and agency staff to remove condition number 4 regarding Transportation and Works as there were no conditions listed in their comments. The Committee agreed to the request.

 

 

 

 

 

 

 

 

DECISION

 

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

 

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.

Sebastian Patrizio joined the meeting at 1:41 PM.

David George joined the meeting at 1:41 PM.

John Page joined the meeting at 1:41 PM.

David Kennedy joined the meeting at 1:41 PM.

Wajeeha Shahrukh joined the meeting at 1:41 PM.

David Cook joined the meeting at 1:41 PM.

John Kwast joined the meeting at 1:41 PM.

Shelby Clements joined the meeting at 1:41 PM.

• 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:

   

  The applicant requests the approval of the Committee to sever a parcel of land for the creation of a new lot.

  
  
  
  

4.2

A-346/20

1346 LAKESHORE RD W (WARD 2)

CONSUL MONIKA & SRIVASTAVA PRASHANT

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

One area resident appeared before the Committee and expressed concerns regarding the application. Concerns included additional variances potentially being required and the health of trees.

 

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 1 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:

   

  To allow the construction of a new house proposing:

  1. A height of an accessory structure of 4.54m whereas By-law 0225-2007, as amended, permits a maximum height of an accessory structure of 3.50m in this instance; and
  2. A building height measured to the eaves of 7.21m whereas By-law 0225-2007, as amended, permits a maximum building height measured to the eaves of 6.00m in this instance.
  
  
  
  

4.3

A-347/20

1067 ALBERTSON CRES (WARD 2)

SUMAN & MANGLESH NIRANJAN

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

One area resident appeared before the Committee and expressed concerns regarding the application. The concern included the height of the proposed dwelling.

 

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 1 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 resolve to authorize and grant the request.

   

  MOVED BY:

  D. George

  CARRIED

   

  The Decision of the Committee was:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITION(S):

  To allow the construction of a new dwelling proposing:

  1. A gross floor area of 469.05sq.m whereas By-law 0225-2007, as amended, permits a maximum gross floor area of 450.20sq.m in this instance;
  2. A building height measured to the eaves of 6.92m whereas By-law 0225-2007, as amended, permits a maximum building height measured to the eaves of 6.00m in this instance;
  3. A building depth of 20.58m whereas By-law 0225-2007, as amended, permits a maximum building depth of 20.00m in this instance; and
  4. Combined side yard setback of 8.02m (26.31% of the lot frontage) whereas By-law 0225-2007, as amended, requires a minimum combined side yard setback of 8.23m (27% of the lot frontage) in this instance.

   

  CONDITION(S):

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

4.4

A-353/20

362 LAKESHORE RD E

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, on balance, any and all submissions made before its decision. 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:

  W. Shahrukh

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

   

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

  
  
  
  

4.5

A-354/20

7305 CUSTER CRES (WARD 5)

YARDELY & LISA LIONEL

On November 12, 2020, P. Ghavidel, agent, attended and requested to defer the application to address staff concerns.

 

The Committee consented to the request and deferred the application to the February 22^nd, 2020 hearing.

4.6

A-357/20

26 PEARL ST (WARD 11)

JOSEPH & TINA TRIGIANI

The Secretary – Treasurer noted the comments received from:

• A petition of support was received signed by 3 area residents.

 

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 petition. 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:

   

  To allow an on-site drive aisle width of 3.96m whereas By-law 0225-2007, as amended, requires a minimum on-site drive aisle width of 7.00m in this instance.

  
  
  
  

4.7

A-360/20

1295 HAIG BLVD (WARD 1)

MURRAY & MARGARET KOONTZ

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, on balance, any and all submissions made before its decision. 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. Kwast

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

   

  To allow the construction of an addition on the subject property proposing a lot coverage of 40.15% (220.39m sq) of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35% (192.12m sq) of the lot area in this instance.

  
  
  
  

4.8

A-363/20

3091 GRENVILLE DRV (WARD 7)

SKRINJAR STEVEN DENNIS

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. 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 was:

   

  APPLICATION APPROVED AS AMENDED:

   

  To allow an addition, proposing:

  1. A lot coverage of 43.73% (438.69sq.m); whereas, By-law 0225-2007, as amended, permits a maximum lot coverage of 35% (351.12sq.m), in this instance;
  2. An encroachment into the required side yard of 2.45m, measured to a porch; whereas, By-law 0225-2007, as amended, permits a maximum encroachment into the required side yard of 1.60m, measured to a porch, in this instance; and,
  3. A balcony encroachment into the required exterior side yard of 1.67m; whereas, By-law 0225-2007, as amended, permits a maximum balcony encroachment into the required exterior side yard of 1.00m, in this instance.
  
  
  
  

4.9

A-364/20

80 LAKESHORE RD E (WARD 1)

2547101 ONTARIO INC

On November 12, 2020, N. Dell, agent, attended and requested to defer in order to make amendments to the application.

 

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

4.10

A-365/20

47 LAKESHORE RD E (WARD 1)

MARKAKIS CORP

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 regarding the past use of the space and discussed the proposed amendments and conditions. The agent indicated that he was unable to complete a parking study during the pandemic, as the numbers would not be accurate. He requested a temporary approval at this time in order to allow the parking to be evaluated at a later date.

 

 

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. 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 resolved to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee was:

   

  APPLICATION APPROVED AS AMENDED FOR A TEMPORARY PERIOD OF 3 YEARS (approval will lapse on December 31, 2023:

   

  To allow a personal service establishment in the existing building proposing:

  1. 6 parking spaces whereas By-law 0225-2007, as amended, requires a minimum of 16 parking spaces in this instance;
  2. 0 loading spaces whereas By-law 0225-2007, as amended, requires a minimum of 1 loading space in this instance;
  3. An aisle width of 5.06m whereas By-law 0225-2007, as amended, requires a minimum aisle width of 7.00m in this instance; and
  4. Parking space size of 2.40m x 5.00m whereas By-law 0225-2007, as amended, requires a minimum parking space size of 2.60m x 5.20m in this instance.
  
  
  
  

4.11

A-367/20

1435 HURONTARIO ST (WARD 1)

AL-MOHAMMEDI MEDICINE PROFESSIONAL CORPORATION

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, on balance, any and all submissions made before its decision. 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:

  D. Cook

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

   

  To allow a medical office on the subject property proposing:

  1. A driveway width of 7.0m whereas By-law 0225-2007, as amended, permits a maximum driveway width of 6.0m in this instance; and
  2. A front yard landscaped area of 33.73% whereas By-law 0225-2007, as amended, requires a minimum front yard landscaped area of 40% in this instance.
  
  
  
  

4.12

A-368/20

2416 HAINES RD (WARD 1)

BUSINESS REALTY CONCEPTS 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, on balance, any and all submissions made before its decision. 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 resolve to authorize and grant the request.

   

  MOVED BY:

  W. Shahrukh

  CARRIED

   

  The Decision of the Committee was:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITION(S):

   

  To permit a funeral establishment on a lot that does not have frontage on a street identified on Schedules 2.1.2.2(1) or (2) whereas Zoning by-law 0225-2007, as amended requires that all lots to be used for a funeral home shall have frontage on a street identified on Schedules 2.1.2.2(1) or (2).

   

  CONDITION(S):

   

  1. The business operation shall be conducted wholly within the building.
  2. Cremations and visitations shall not be permitted on-site.
  
  
  
  

4.13

A-370/20

1524 CHASEHURST DR (WARD 2)

TOM VUKSANOVIC & TONIA WILSON-VUKSANOVIC

The Secretary – Treasurer noted the comments received from:

• A memorandum was received from Ward Councillor Ras expressing concerns regarding the subject application. She requested the Committee to refuse the subject application.
• Correspondence was received from four area residents expressing support for the subject application.
• Correspondence was received from two area residents expressing objections to the subject application.
• A petition of objection was received signed by 12 area residents.

One area resident appeared before the Committee and objected to the application. Concerns included noise and visibility from the road and from the second storey of surrounding dwellings. A second area resident concurred with the concerns.

 

Committee asked questions of the staff regarding if pools are permitted in side yards. L. Patricca, a Planner with the Planning & Building Department, indicated that pools are permitted in side yards provided they meet the minimum setback requirements.

 

DECISION

 

Committee has taken into consideration, on balance, any and all submissions made before its decision including 7 written submissions, 1 oral submission and 1 petition. 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 resolved to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee was:

   

  APPLICATION APPROVED SUBJECT TO CONDITION:

   

  To allow the construction of a pool in the front and exterior side yard of the subject property whereas By-law 0225-2007, as amended, does not permit a pool in a front or exterior side yard in this instance.

   

  CONDITION:

   

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

4.14

A-372/20

1862 STEEPBANK CRES (WARD 3)

SHAUN & WHITNEY GIBSON

The Secretary – Treasurer noted the comments received from:

• A petition of support was received signed by 5 area residents.

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 1 petition. 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:

  D. George

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

   

  To allow the construction of a new home on the subject property, propsing:

  1. A lot coverage of 37.74% of the lot area; whereas, By-law 0225-2007, as amended, permits a maximum lot coverage of 35% of the lot area, in this instance;
  2. An eave projection into a side yard of 0.62m; whereas, By-law 0225-2007, as amended, permits a maximum eave projection into a side yard of 0.45m, in this instance; and,
  3. A front yard measured to the porch canopy of 6.78m; whereas, By-law 0225-2007, as amended, requires a minimum front yard of 7.50m, in this instance.
  
  
  
  

4.15

A-261/20

881 EDISTEL CRES (WARD 2)

STEFAN BORYS

No public comments were received as a result of this public circulation of this 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 2 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 resolved to authorize and grant the request.

   

  MOVED BY:

  J. Page

  CARRIED

   

  The Decision of the Committee was:

   

  APPLICATION APPROVED SUBJECT TO CONDITION:

  To allow an addition proposing:

  1. A building height measured to the eaves of 6.70m whereas By-law 0225-2007, as amended, permits a maximum building height measured to the eaves of 6.40m in this instance;
  2. A garage projection of 2.08m whereas By-law 0225-2007, as amended, permits a maximum garage projection of 0.00m in this instance; and
  3. A front yard measured to a porch of 7.29m whereas By-law 0225-2007, as amended, requires a minimum front yard measured to a porch of 7.40m in this instance.

   

  CONDITION:

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

5.

OTHER BUSINESS

6.

ADJOURNMENT