Committee of Adjustment

Meeting #:
Date:	Thursday, April 22, 2021
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

A44/21

48 COTTON DR (WARD 1)

ROHAN & SHIPRA SETHI

The Secretary – Treasurer noted the comments received from:

• A memorandum was received from Ward Councillor Dasko expressing support for the subject application.
• Correspondence was received from three area residents expressing no objection for the subject application.
• A petition of support signed by seven 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 eight written submissions, and 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:

  D. George

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

   

  To allow the construction of an addition and garage on the subject property proposing:

  1. A garage projection of 1.01m beyond the front wall of the first storey, whereas By-law 0225-2007, as amended, permits a maximum garage projection of 0.00m in this instance;
  2. An easterly side yard measured to the second storey of 1.2m whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m to the second storey in this instance;
  3. A westerly side yard measured to the second storey of 1.55m whereas By-law 0225-2007, as amended, requires a minimum side yard measured to the second storey of 1.81m in this instance; and
  4. A combined width of side yards of 2.75m whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 3.8m in this instance.
  
  
  
  

4.2

B20/21

3078 PARKERHILL RD (WARD 7)

ELITE INVESTMENTS AND PROPERTY HOLDINGS INC

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

One area residents appeared before the Committee and asked questions about the proposal.

 

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 one oral submission.

 

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:

  D. Cook

   

  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 15.03m and an area of approximately 1372.5sq.m.

  
  
  
  

4.3

B21/21-A130/21-A131/21

2564 SHARON CRES (WARD 7)

ANTONIO & DEOLINDA FRAGOSO

The Secretary – Treasurer noted the comments received from:

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

• DECISIONS

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

   

  MOVED BY:

  D. Kennedy

   

  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 15.63m and an area of approximately 820.10sq.m.

   

  CONDITIONS:

  1. The variance application approved under File(s) A130/21 & A131/21 must be finalized

   

  
  
  
  
• DECISIONS

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

   

  MOVED BY:

  D. Kennedy

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO CONDITIONS:

   

  A lot frontage of 15.63m whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 22.50m in this instance.

   

  CONDITION(S):

  1. Variance(s) approved under file(s) A130/21 & A131/21 shall lapse if the consent application under file B21/21 is not finalized within the time prescribed by legislation.
  
  
  
  
• DECISIONS

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

   

  MOVED BY:

  D. Kennedy

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO CONDITIONS:

   

  A lot frontage of 15.18m whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 22.50m in this instance.

   

  CONDITION(S):

  1. Variance(s) approved under file(s) A130/21 & A131/21 shall lapse if the consent application under file B21/21 is not finalized within the time prescribed by legislation.
  
  
  
  

4.4

A128/21

1041 STRATHY AVE (WARD 1)

MINGOULIN KONSTANTIN

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

Committee asked questions of the owner 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. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

   

  To allow the construction of a deck proposing a front yard measured to the deck inclusive of stairs of 2.30m whereas By-law 0225-2007, as amended, requires a minimum front yard measured to the deck inclusive of stairs of 5.90m in this instance.

  
  
  
  

4.5

A129/21

1350 HICKORY DR (WARD 3)

TARAS & ROXOLANA HARASYM

The Secretary – Treasurer noted the comments received from:

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

 

Committee asked questions of the owner 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. 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 the construction of a gazebo proposing a height of an accessory structure of 4.34m whereas By-law 0225-2007, as amended, permits a maximum height of an accessory structure of 3.50m in this instance.

  
  
  
  

4.6

A132/21

215 LOUIS DR (WARD 7)

CARLOS & GORETTI LOURENCO

The Secretary – Treasurer noted the comments received from:

• A petition of support signed by seven area residents.

 

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 SUBJECT TO A TERM:

   

  To allow the construction of an accessory structure on the subject property proposing:

  1. A lot coverage of 37.7% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance;
  2. Maximum area occupied of 20.08sq.m whereas By-law 0225-2007, as amended, permits a maximum floor area of 10.00sq.m in this instance; and
  3. A height of 4.0m whereas By-law 0225-2007, as amended, permits a maximum height of 3.0m in this instance.

   

  TERM:

  1. Catch basin at rear shall remain free and clear of any obstruction to allow for drainage.
  
  
  
  

4.7

A133/21

2525 HAINES RD(WARD 1)

2340730 ONTARIO INC

The Secretary – Treasurer noted the comments received from:

• A memorandum was received from Ward Councillor Dasko expressing support 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 one written 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:

  D. Cook

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO CONDITIONS:

   

  To allow:

  1. Outdoor storage in excess of 5% of the lot area or 10% of the gross floor area - non residential of the building, whichever is lesser, whereas By-law 0225-2007, as amended, permits a maximum outdoor storage of 5% of the lot area or 10% of the gross floor area - non residential of the building, whichever is lesser; and
  2. Outdoor display in excess of 5% of the lot area whereas By-law 0225-2007, as amended, permits a maximum outdoor display of 5% of the lot area in this instance.

   

  CONDITION:

   

  1. Outdoor storage/display shall not be located in the front yard.
  2. Shall be in general conformance with the site plan approved by the Committee.
  
  
  
  

4.8

A136/21

6989 SECOND LINE WEST (WARD 11)

STEPHANIE & MASON KORTEKAAS

On April 22, 2021, B. Oughtred, agent, and requested to defer the application to meet with staff.

 

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

4.9

A137/21

48 NORTH ALARTON ST (WARD 5)

SUKHPREET & MEENAKSHI DHANOTA

On April 22, 2021, S. Dhanota, agent, and requested to defer the application to meet with staff.

 

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

4.10

A140/21

1010 PELHAM AVE (WARD 1)

JASKIRAT GILL

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:

  D. George

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

   

  To allow the construction of a new house proposing:

  1. A lot area (existing) of 508.30sq.m whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m in this instance;
  2. A lot coverage of 39.20% whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.00% in this instance; and
  3. A building height measured to the eaves of 7.16m whereas By-law 0225-2007, as amended, permits a maximum building height of 6.40m in this instance.
  
  
  
  

4.11

A141/21

29 JOYMAR DR (WARD 11)

STANLEY & ERENA GARCIA

The Secretary – Treasurer noted the comments received from:

• A Petition of support signed by eleven area residents.

 

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. Kwast

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

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

  1. A lot coverage of 34.5% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 25.0% of the lot area in this instance;
  2. A gross floor area of 366.48sq.m whereas By-law 0225-2007, as amended, permits a maximum gross floor area of 289.37sq.m in this instance;
  3. A height measured to the highest ridge of 9.14m whereas By-law 0225-2007, as amended, permits a maximum height measured to the highest ridge of 9.00m in this instance;
  4. A height measured to the eaves of 6.73m whereas By-law 0225-2007, as amended, permits a maximum height measured to the eaves of 6.40m in this instance;
  5. A front yard measured to a garage awning of 6.38m whereas By-law 0225-2007, as amended, requires a minimum front yard measured to a garage awning of 6.89m in this instance; and
  6. A side yard measured to a walk-up of 0.81m whereas By-law 0225-2007, as amended, requires a minimum side yard measured to a walk-up of 1.20m in this instance.
  
  
  
  

4.12

A22/21

7592 CHINOOK DR (WARD 5)

JAGJIT SINGH KHANGURA

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 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 AS AMENDED SUBJECT TO CONDITIONS:

   

  To allow the construction of a new dwelling proposing:

  1. A lot coverage of 32.03% whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 30.00% in this instance;
  2. A gross floor area of 369.20sq.m whereas By-law 0225-2007, as amended, permits a maximum gross floor area of 266.07sq.m in this instance;
  3. A building height of 9.32m whereas By-law 0225-2007, as amended, permits a maximum building height of 9.00m in this instance;
  4. A building height measured to the eaves of 6.94m whereas By-law 0225-2007, as amended, permits a maximum building height measured to the eaves of 6.40m in this instance;
  5. A rectangular garage area of 5.84m x 5.38m whereas By-law 0225-2007, as amended, requires a minimum rectangular garage area of 6.00m x 2.75m in this instance.

   

  CONDITION(S):

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

4.13

A23/21

7480 HOMESIDE GDNS (WARD 5)

NARINDER KHANGURA

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 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 AS AMENDED SUBJECT TO CONDITIONS:

   

  To allow the construction of a new dwelling proposing:

  1. A lot coverage of 32.03% whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 30.00% in this instance;
  2. A gross floor area of 369.20sq.m whereas By-law 0225-2007, as amended, permits a maximum gross floor area of 266.07sq.m in this instance;
  3. A building height of 9.32m whereas By-law 0225-2007, as amended, permits a maximum building height of 9.00m in this instance;
  4. A building height measured to the eaves of 6.93m whereas By-law 0225-2007, as amended, permits a maximum building height measured to the eaves of 6.40m in this instance; and
  5. A rectangular garage area of 5.84m x 5.38m whereas By-law 0225-2007, as amended, requires a minimum rectangular garage area of 6.00m x 2.75m in this instance.

   

  CONDITION(S):

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

4.14

A26/21

7217 TERRAGAR BLVD (WARD 10)

ABHAY & SHANU BHARGAVA

The Secretary – Treasurer noted the comments received from:

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

 

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

 

DECISION

 

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:

  W. Shahrukh

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO CONDITIONS:

   

  To allow a driveway widening proposing:

  1. A driveway width of 7.20m whereas By-law 0225-2007, as amended, permits a maximum driveway width of 6.00m in this instance; and
  2. A setback measured to a property line of 0.30m whereas By-law 0225-2007, as amended, requires a minimum setback measured to a property line of 0.61m in this instance.

   

  CONDITION(S):

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

4.15

A53/21

4120 UXBRIDGE LANE (WARD 3)

IZYDOR, SZYMON & FIK-IZYDOR, MARIOLA

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 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:

  D. George

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED:

   

  To allow the construction of an addition proposing:

  1. A lot coverage of 47.90% (135sq.m) whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 40.00% (112.00sq.m) in this instance;
  2. A gross floor area of 196.2sq.m whereas By-law 0225-2007, as amended, permits a maximum gross floor area of 169.00sq.m in this instance;
  3. 2 kitchen whereas By-law 0225-2007, as amended, permits a maximum of 1 kitchen in this instance;
  4. A side yard measured to an air conditioning unit of 0.00m whereas By-law 0225-2007, as amended, requires a minimum side yard measured to an air conditioning unit of 0.61m in this instance;
  5. A side yard (northerly) measured to the rear yard deck of 0.00m whereas By-law 0225-2007, as amended, required a minimum side yard measured to the rear yard deck of 0.61m in this instance;
  6. A driveway width of 5.92m whereas By-law 0225-2007, as amended, permits a maximum driveway width of 4.75m in this instance; and
  7. A side yard (northerly) measured to the side yard deck stairs of 0.00m whereas By-law 0225-2007, as amended, required a minimum side yard measured to the rear yard deck of 1.20m in this instance.

   

  
  
  
  

5.

OTHER BUSINESS

6.

ADJOURNMENT