Committee of Adjustment

Meeting #:
Date:	Thursday, January 21, 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

B-1/21

3600 HURONTARIO ST (WARD 7)

ARMDALE ESTATES INC

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from one area resident expressing concerns 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 one written 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:

  S. Patrizio

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED ON CONDITIONS AS STATED APPEDIX A AND THOSE LIST BELOW:

   

  To sever a parcel of land for the purpose of a lot addition and easements. The parcel of land has a frontage of approximately 23.89m and an area of approximately 1,220.52sq.m. The parcel will be added to the property immediately to the West known as 0 Enfield Drive.

   

   

  AND IS SUBJECT THE FOLLOWING:

   

  1. Subsection 50(3) and/or 50(5) of the Planning Act, shall apply to any subsequent conveyance or transaction that is subject to this consent and the Secretary-Treasurer's Certificate shall contain reference to this stipulation.

   

  1. The severed portion shall merge into common ownership with the lands municipally know as 0 Enfield Drive, Mississauga Ontario. If required the applicant may have to submit a letter form a lawyer describing how the two properties will be merged.
  
  
  
  

4.2

B-2/21

0 ENFIELD PL (WARD 7)

TOUCHSTONE CONSTRUCTION LTD

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from one area resident expressing concerns 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 one written 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:

  S. Patrizio

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED ON CONDITIONS AS STATED APPEDIX A AND THOSE LIST BELOW:

   

  To sever a parcel of land for the purpose of a lot addition and easements. The parcel of land has a frontage of approximately 32.96m and an area of approximately 2,865.56sq.m. The parcel will be added to the property immediately to the east known as 3600 - 3606 Hurontario Street.

   

  AND IS SUBJECT THE FOLLOWING:

   

  1. Subsection 50(3) and/or 50(5) of the Planning Act, shall apply to any subsequent conveyance or transaction that is subject to this consent and the Secretary-Treasurer's Certificate shall contain reference to this stipulation.

   

  1. The severed portion shall merge into common ownership with the lands municipally know as 3600- 3606 Hurontario Street, Mississauga Ontario. If required the applicant may have to submit a letter form a lawyer describing how the two properties will be merged.
  
  
  
  

4.3

B-58/20, B-59/20, B-60/20, & B-61/20

2476 & 2482 CONFEDERATION PKY (WARD 7)

2629591 ONTARIO INC

On January 21, 2021, M. Katerelos, owner, requested to defer the application to meet with staff.

 

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

4.4

A-355/20

1031 LUCERNE CRES (WARD 6)

METAXAS KATERELOS & NIKOLETA KATERELOU

The file has been withdrawn from consideration by the agent.

4.5

A-407/20

3083 O'HAGAN DR (WARD 6)

AMJAD MAJEED & ANJUM IQBAL

The file was withdrawn from consideration by the agent.

4.6

A-9/21

3038 CANTELON CRES (WARD 9)

RICHARD GUINOT & TANYA DESOUSA-GUINOT

On January 21, 2021, R. Guinot, owner, requested to defer the application to meet with staff.

 

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

4.7

A-11/21

1446 BIRCHWOOD DR (WARD 2)

NGUYEN QUYNH HOA

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

 

One area residents spoke 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 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:

  S. Patrizio

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED:

   

  To allow the construction of a new house proposing:

  1. A front yard of 7.68m whereas By-law 0225-2007, as amended, requires a minimum front yard of 9.00m in this instance;
  2. A combined side yard width of 24.78% of the lot frontage (6.01m) whereas By-law 0225-2007, as amended, requires a minimum combined side yard width of 27% of the lot frontage (6.55m) in this instance;
  3. A building height measured to the eaves of 7.00m whereas By-law 0225-2007, permits a maximum building height measured to the eaves of 6.40m in this instance.
  
  
  
  

4.8

A-14/21

4065 CONFEDERATION PKY (WARD 4)

DANIELS CCW CORPORATION

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 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. George

  CARRIED

   

  The Decision of the Committee is:

  APPLICATION APPROVED SUBJECT TO CONDITION:

  To allow the as-built parking to remain on the subject property proposing:

  1. A parking space length of 4.80m for units 55 & 56 on Level A, Units 66 & 67 on Level B, and Units 66 & 67 on Level C whereas By-law 0225-2007, as amended, requires a minimum parking space length of 5.20m in this instance; and
  2. A parking space width of 2.40m for Units 80, 84 & 85 on Level A, Units 25, 26, 91, 92, 137 & 138 on Level B, and Units 23, 24, 31, 93, 94, 113, 135, 136 & 141 on Level C whereas By-law 0225-2007, as amended, requires a minimum parking space width of 2.75m in this instance.

   

  CONDITION:

  1. The applicant shall include a warning clause in the condo declaration to advise owners and potential purchasers of units 55 & 56, 80,84 & 85 on Level A, units 66, 67, 25, 26, 91, 92, 137 &138 on Level B, and units 66, 67, 23, 24, 31, 93, 94, 113, 135, 136 & 141 on Level C of the size deficiency. The applicant shall register on title a warning clause identifying the parking spaces that are substandard in size.
  
  
  
  

4.9

A-15/21

1728 LAKESHORE RD W (WARD 2)

1728 LAKESHORE INVESTMENTS INC.

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from eight area resident and business owners expressing objection for the subject application.

Six area residents appeared before the Committee and objected the application.

 

Committee asked questions of the agent who appeared before the Committee. The Committee discussed the merits of the application. The Committee discussed animal boarding and dog training permissions in this Zone. L. Petricca, Planner, Planning and Building Department spoke, and stated that regardless of animal boarding or a dog training use, a variance would be required.

 

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 eight written submissions, six 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 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:

  S. Patrizio

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION REFUSED AS AMENDED:

  To allow a dog training facility providing parking at a rate of 3.6 spaces per 100m² of GFA Non-Residential whereas By-law 0225-2007, as amended, does not permit a dog training facility in this instance and would require parking at the rate of 5.4 spaces per 100m² of GFA Non-Residential.

  
  
  
  

4.10

A-16/21

1000 ROPER AVE (WARD 2)

ALWRIGHT INVESTMENTS INC

The Secretary – Treasurer noted the comments received from:

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

Three area residents appeared before the Committee and expressed objection for 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 four written submissions, three 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:

  D. Kennedy

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITIONS:

   

  To allow the construction of a new house proposing:

  1. A gross floor area of 314.33sq.m whereas By-law 0225-2007, as amended, permits a maximum gross floor area of 282.66sq.m in this instance;
  2. A lot coverage of 47.27% whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 30.00% in this instance;
  3. A dwelling unit depth of 21.76m whereas By-law 0225-2007, as amended, permits a maximum dwelling unit depth of 20.00m in this instance;
  4. A rear yard of 1.22m whereas By-law 0225-2007, as amended, requires a minimum rear yard of 3.00m in this instance;
  5. A rear yard measured to an eave of 0.77m whereas By-law 0225-2007, as amended, requires a minimum rear yard measured to an eave of 2.39m in this instance;
  6. An interior side yard measured to the dwelling of 1.35m whereas By-law 0225-2007, as amended, requires a minimum interior side yard measured to the dwelling of 3.00m in this instance;
  7. An interior side yard measured to the porch of 1.35m whereas By-law 0225-2007, as amended, requires a minimum interior side yard measured to the porch of 3.00m in this instance;
  8. An interior side yard measured to an eave of 1.04m whereas By-law 0225-2007, as amended, requires a minimum interior side yard measured to an eave of 2.55m in this instance;
  9. An interior side yard measured to the window well of 0.75m whereas By-law 0225-2007, as amended, requires a minimum interior side yard measured to the window well of 2.39m in this instance;
  10. An interior side yard measured to the balcony of 1.66m whereas By-law 0225-2007, as amended, requires a minimum interior side yard measured to the balcony of 3.00m in this instance;
  11. An exterior side yard measured to the dwelling of 4.34m whereas By-law 0225-2007, as amended, requires a minimum exterior side yard measured to the dwelling of 7.50m in this instance;
  12. An exterior side yard measured to the eaves of 4.03m whereas By-law 0225-2007, as amended, requires a minimum exterior side yard measured to the eaves of 7.50m in this instance;
  13. An exterior side yard measured to the porch of 3.43m whereas By-law 0225-2007, as amended, requires a minimum exterior side yard measured to the eaves of 5.90m in this instance;
  14. An exterior side yard measured to the garage of 5.67m whereas By-law 0225-2007, as amended, requires a minimum exterior side yard measured to the garage of 7.50m in this instance;
  15. A driveway width of 6.87m whereas By-law 0225-2007, as amended, permits a maximum driveway width of 6.00m in this instance;
  16. A fireplace (interior) between the front wall of the dwelling and the front lot line whereas By-law 0225-2007, as amended, does not permit a fireplace between the front wall of the dwelling and the front lot line in this instance.

   

   

  CONDITION(S):

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

4.11

A-17/21

6612 LISGAR DR (WARD 10)

ALI HABEEB  & GHADA HAMZA

On January 21, 2021, A, Habeeb, owner, requested to defer the application to meet with staff.

 

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

4.12

A-18/21

185 ENFIELD PL (WARD 7)

THE CANADA LIFE ASSURANCE COMPANY

The Secretary – Treasurer noted the comments received from:

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

  D. Cook

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED SUBJECT TO CONDITIONS:

   

  1. To provide resident parking for a rental apartment at a rate of 0.72 resident spaces per one-bedroom unit and at a rate of 0.85 resident spaces per two-bedroom and three-bedroom units, whereas By-law 0225-2007, as amended, requires resident parking for a rental apartment at a rate of 1.0 spaces per unit in this instance.
  2. To provide visitor parking for a rental apartment at a rate of 0.12 visitor spaces per unit, whereas By-law 0225-2007, as amended, requires visitor parking for a rental apartment at a rate of 0.15 spaces per unit in this instance.
  3. A drive aisle width of 5.90m whereas By-law 0225-2007, as amended , requires a minimum drive aisle width of 7.00m in this instance.

  CONDITIONS:

   

  1. Accommodating the resulting shortfall of parking for the development of Phase 1 lands on the Phase 2 lands of the subject site, subject to site plan approval of Phase 1 development, and/or
  2. Submitting a satisfactory shared parking agreement with a plan demonstrating the provision of 18 parking spaces at an off-site location, and/or applying for a Payment-in-Lieu (PIL) application for the consideration of a partial parking deficiency as applicable. Through the PIL application process, the proponent contribution will be calculated for the requested parking deficiency.
  
  
  
  

4.13

A-19/21

1500 GULLEDEN DR (WARD 3)

CITY OF MISSISSAUGA

The Secretary – Treasurer noted the comments received from:

• A memorandum was received from Ward Councillor Fonseca expressing support for the subject 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 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. George

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED:

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

  1. A setback of 3.10m to the building whereas By-law 0225-2007, as amended, requires a minimum setback of 4.50m in this instance;
  2. A landscaped buffer of 3.00m whereas By-law 0225-2007, as amended, requires a minimum landscaped buffer of 4.50m in this instance;
  3. 231 parking spaces whereas By-law 0225-2007, as amended, requires a minimum of 387 parking spaces in this instance; and
  4. A parking area within lands zoned OS2 as a stand alone use whereas By-law 0225-2007, as amended, requires parking as a secondary use in this instance.
  5. Proposing eight (8) Accessible parking spaces whereas By-law 0225-2007, as amended, requires a minimum of ten (10) Accessible parking spaces in this instance.
  6. Proposing a walkway within the landscape buffer not in compliance with the definition for landscape buffer whereas By-law 0225-2007, as amended, requires a walkway to be in compliance with the definition of Landscape Buffer in this instance.
  
  
  
  

4.14

A-36/21 & A-37/21

5 PINE AVE N (WARD 1)

2738442 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

 

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:

  S. Patrizio

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO A CONDITION:

   

  To allow the creation of a new lot (5A Pine Avenue) proposing a lot frontage of 6.49m whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 6.80m in this instance.

   

  CONDITION:

   

  1. Variance(s) approved under file(s) A36/21 & A37/21 shall lapse if the consent application under file B78/19 is not finalized within the time prescribed by legislation.

   

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

   

  MOVED BY:

  S. Patrizio

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO A CONDITION:

   

  To allow the creation of a new lot (5B Pine Avenue) proposing a lot frontage of 6.12m whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 6.80m in this instance.

   

  CONDITION:

   

  1. Variances approved under files A36/21 & A37/21 shall lapse if the consent application under file B78/19 is not finalized within the time prescribed by legislation.
  
  
  
  

4.15

A-338/20

329 LAKESHORE RD E (WARD 1)

JOESEF AND DANICA SCHINDLER

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. George

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED:

   

  To allow a take-out restaurant proposing:

  1. A take-out restaurant being located within 60m of a Residential Zone whereas By-law 0225-2007, as amended, requires a minimum separation distance of 60m from a take-out restaurant to a Residential Zone in this instance;
  2. Two tandem spaces with an on-site aisle width of 4.20m, whereas By-law 0225-2007, as amended, requires a minimum of 7.0m aisle width and does not permit tandem spaces for this use in this instance;
  3. 4 parking spaces on-site whereas By-law 0225-2007, as amended, requires a minimum of 7 parking spaces for all uses onsite in this instance.
  
  
  
  

4.16

A-375/20

880 SEVENTH ST (WARD 1)

SAMANTHA PINTO

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from two area resident expressing concerns 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 four 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. Kwast

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO A CONDITION:

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

  1. A lot coverage of 42.61% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 40.00% of the lot area in this instance;
  2. A height of 10.08m whereas By-law 0225-2007, as amended, permits a maximum height of 9.50m in this instance; and
  3. A height measured to the eaves of 7.64m whereas By-law 0225-2007, as amended, permits a maximum height measured to the eaves of 6.40m 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