Committee of Adjustment

Meeting #:
Date:	Thursday, February 18, 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

B8/21

6 PINE AVE N (WARD 1)

AL LATEEF HAIDER

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 the Committee to amend draft condition number #5. The Committee agreed with the request and amended condition number 5 by removing sub condition #1. The applicant was in agreement with all other conditions.

 

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 sever a parcel of land for the creation of a new lot. The parcel of land has a frontage of approximately 7.25m and an area of approximately 330.05sq.m.

  
  
  
  

4.2

B9/21

17 PINE AVE N (WARD 1)

ALWASH SINDIS

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 Bell Canada.

The Committee amended Bell Canada’s condition. The Committee stated the applicant shall enter into a non blanket easement with Bell Canada.

 

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 sever a parcel of land for the creation of a new lot. The parcel of land has a frontage of approximately 7.24m and an area of approximately 327.74sq.m.

  
  
  
  

4.3

A27/21

2494 MISSISSAUGA RD (WARD 8)

SUKHDEEP SANDHU

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. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO CONDITION:

   

  To allow a driveway proposing a combined points of access dimension of 11.04m whereas By-law 0225-2007, as amended, permits a maximum combined points of access dimension of 8.50m in this instance.

   

  CONDITION:

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

4.4

A31/21

5935 AIRPORT RD (WARD 5)

AIRWAY CENTRE 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

 

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 a reduction in required parking of 502 parking spaces whereas By-law 0225-2007, as amended, requires a minimum of 506 parking spaces in this instance.

  
  
  
  

4.5

A38/21

494 RATTRAY PARK DR (WARD 2)

KAMYAR MOHAJER

The Secretary – Treasurer noted the comments received from:

• A memorandum was received from Ward Councillor Ras expressing concerns for the subject application. She requested the Committee to defer the subject application.
• Correspondence was received from 15 area residents expressing objections for the subject application.

 

Three area residents appeared before the Committee and objected the 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 15 written submissions, and 4 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.

 

The Committee felt the concerns related to the architectural design and placement of windows were not matters subject to the fours tests under the Planning Act.

• DECISIONS

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

   

  MOVED BY:

  D. Kennedy

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED:

   

  A 2 storey dwelling proposing a combined width of side yards of 19.79% of the lot frontage (6.05m) whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 27% of the lot frontage (8.25m) in this instance.

  
  
  
  

4.6

A39/21

3371 NIGHTHAWK TR (WARD 10)

JOANNE MARCELLE GOODRIDGE

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from one area resident expressing no objection for the subject application.
• Correspondence was received from one area resident expressing no objection for the subject application.
• A petition of support was received through the applicant signed by 13 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 two 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 a driveway widening proposing a driveway width of 6.10m whereas By-law 0225-2007, as amended, permits a maximum driveway width of 5.20m in this instance.

  
  
  
  

4.7

A41/21

3930 NASHUA DR (WARD 5)

2697330 ONTARIO LTD.

The Secretary – Treasurer noted the comments received from:

• A memorandum was received from Ward Councillor Parrish expressing support for the subject application.
• A petition of support signed by 3 area business was received.

 

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 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 CONDITIONS:

   

  To allow a private school on the subject property proposing:

  1. 73 parking spaces whereas By-law 0225-2007, as amended, requires a minimum of 77 parking spaces in this instance; and
  2. A private school as an ancillary use to a multi-use recreational centre whereas By-law 0225-2007, as amended, does not permit a private school as an ancillary use to a multi-use recreational centre in this instance.

   

  CONDITION(S):

  1. A letter shall be received from GTAA stating that satisfactory arrangements have been made.
  2. The applicant shall submit a complete Record of Site Condition (RSC), including all supporting documents to the Transportation and Works Department for review and the RSC must be posted to the Ministry of the Environment, Conservation and Parks Environmental Site Registry (ESR).
  
  
  
  

4.8

A42/21

5100 SATELLITE DR (WARD 5)

WEST FRASER HOLDINGS ONTARIO LTD.

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:

  J. Page

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITION:

  To allow the construction on a 8 storey hotel proposing:

  1. 240 parking spaces whereas By-law 0225-2007, as amended, requires a minimum of 272 parking spaces in this instance;
  2. 1 loading space whereas By-law 0225-2007, as amended, requires a minimum of 4 loading spaces in this instance;
  3. A landscape buffer of 2.6m for that portion of the property line along Skymark Ave west of the driveway whereas By-law 0225-2007, as amended requires a minimum landscape buffer of 4.5m; and
  4. A bike rack and a patio within the landscape buffer along Satellite Drive whereas By-law 0225-2007, as amended does not permit a bike rack or patio within a landscape buffer.

   

  CONDITION:

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

4.9

A43/21

1302 MARTLEY DR (WARD 2)

REZA GHARIB

On February 18, 2021, Z. Chen, agent, requested to defer the application to meet with staff.

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

4.10

A44/21

48 COTTON DR (WARD 1)

ROHAN & SHIPRA SETHI

On February 18, 2021, J. Benczkowski, agent, requested to defer the application to speak to the neighbours.

 

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

4.11

A45/21

66 QUEEN ST S (WARD 11)

MAHFAM INC

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

Committee asked questions of the agent/resident(s) 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 a three storey condo proposing a front yard of 7.81m whereas By-law 0225-2007, as amended, requires a maximum front yard of 3.00m in this instance.

  
  
  
  

4.12

A217/20

1033 EASTMOUNT AVE (WARD 1)

YUSUF AND MELY ARIKAN

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:

  J. Kwast

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED:

   

  To allow the construction of a new house proposing:

  1. A lot coverage of 38.62% 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. An interior side yard measured to the second storey of 1.20m whereas By-law 0225-2007, as amended, requires a minimum interior side yard measured to the second storey of 1.81m in this instance;
  3. An exterior side yard measured to the garage face of 2.76m whereas By-law 0225-2007, as amended, requires a minimum exterior side yard measured to the garage face of 6.00m in this instance;
  4. A porch encroachment into the exterior side yard of 3.50m whereas By-law 0225-2007, as amended, permits a maximum porch encroachment into the exterior side yard of 1.60m in this instance;
  5. An exterior side yard of 3.00m whereas By-law 0225-2007, as amended, requires a minimum exterior side yard of 6.00m in this instance;
  6. An encroachment into the exterior side yard for an architectural column of 3.61m whereas By-law 0225-2007, as amended, does not permit an encroachment into the exterior side yard for an architectural column in this instance;
  7. An encroachment into the exterior side yard for a window well of 3.45m whereas By-law 0225-2007, as amended, permits a maximum encroachment into the exterior side yard of 0.61m in this instance;
  8. An encroachment into the exterior side yard for a chimney of 3.30m whereas By-law 0225-2007, as amended, permits a maximum encroachment into the exterior side yard of 0.61m in this instance; and
  9. An interior side yard measured to an A/C unit of 0.40m whereas By-law 0225-2007, as amended, requires a minimum interior side yard of 0.61m in this instance.
  
  
  
  

4.13

A358/20

13 THOMAS ST (WARD 11)

DEMETRA & CARLOS VALENTE

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 an addition on the subject property proposing:

  1. 7 parking spaces whereas By-law 0225-2007, as amended, requires a minimum of 20 parking spaces in this instance; and
  2. 1 accessible parking space whereas By-law 0225-2007, as amended, requires a minimum of 2 accessible parking spaces in this instance.
  
  
  
  

4.14

A379/20

185 MAPLEWOOD RD (WARD 1)

DEEPAK & RAVAN BARING

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from one area resident expressing objections for the subject application.
• A petition of no objection was received through the applicant expressing no objection to 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 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:

  W. Shahrukh

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

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

  1. A gross floor area of 512.20sq.m whereas By-law 0225-2007, as amended, permits a maximum gross floor area of 467.01sq.m in this instance;
  2. A lot coverage of 25.35% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 25.00% of the lot area in this instance;
  3. A height of 7.20m to the eaves whereas By-law 0225-2007, as amended, permits a maximum height of 6.40m in this instance;
  4. A dwelling depth of 22.49m whereas By-law 0225-2007, as amended, permits a maximum dwelling depth of 20.00m in this instance; and
  5. A front yard measured to a porch, inclusive of stairs, of 10.05m whereas By-law 0225-2007, as amended, requires a minimum front yard measured to a porch, inclusive of stairs, of 10.40m in this instance.
  
  
  
  

4.15

A394/20

1330 EGLINTON AVE E (WARD 3)

GREYCAN 6 PROPERTIES GP INC C/O PANATTONI DEVELOPMENT CO

On February 18, 2021, C. Naylor agent, requested to defer the application to meet with staff.

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

5.

OTHER BUSINESS

6.

ADJOURNMENT