Committee of Adjustment

Meeting #:
Date:	Thursday, April 08, 2021
Time:	3:00 P.m. - 5:00 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

---

1.

CALL TO ORDER

2.

DECLARATION OF CONFLICT OF INTEREST

3.

DEFERRALS OR WITHDRAWLS

4.

MATTERS TO BE CONSIDERED

4.1

B16/21

4130 PARKSIDE VILLAGE DR (WARD 4)

AMACON DEVELOPMENT (CITY CENTRE) 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.

 

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

 

DECISION

 

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

 

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

• DECISIONS

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

   

  MOVED BY:

  D. George

   

  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 115m and an area of approximately 1.05ha.

  
  
  
  

4.2

B17/21-A97/21-A98/21

960 MEADOW WOOD RD (WARD 2)

2728095 ONTARIO INC

The Secretary – Treasurer noted the comments received from:

• Correspondence was received from three 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 three written submissions.

 

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

 

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

• 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 17.27m and an area of approximately 1,312.0sq.m.

   

  CONDITIONS:

  1. The variance application approved under File(s) 21 & A98.21 must be finalized
  
  
  
  
• DECISIONS

  The Secretary – Treasurer noted the comments received from:

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

   

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

   

  DECISION

   

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

  D. Kennedy

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED SUBJECT TO CONDITION:

   

  A lot frontage of 17.27m whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 18.00m in this instance.

   

  CONDITION:

  1. Variance(s) approved under file(s) A97.21 & A98.21 shall lapse if the consent application under file is not finalized within the time prescribed by legislation.
  
  
  
  

4.3

B18/21

1434 CAWTHRA RD (WARD 1)

NEZAR FREENY & CASHCOW HOLDING INC

On April 8, 2021, D. McKay, agent, requested to defer the application to meet with staff.

 

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

4.4

B19/21-A104/21-A105/21

17 BEN MACHREE DR (WARD 1)

MUHAMMAD ASIF

The Secretary – Treasurer noted the comments received from:

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

 

Thirteen area residents appeared before the Committee and objected the application. Concerns included, application not in character with the neighbourhood.

 

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 sixteen written submissions, and thirteen oral submissions.

 

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

 

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

• DECISIONS

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

   

  MOVED BY:

  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 11.43m and an area of approximately 557.43q.m.

   

  CONDITIONS:

   

  1. The variance application approved under File(s) 21 & A105.21 must be finalized.
  
  
  
  
• 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 CONDITIONS:

   

  A lot frontage of 11.43m whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 12.00m in this instance.

   

  CONDITIONS:

  1. Variance(s) approved under file(s) A104.21 & A105.21 shall lapse if the consent application under file B19.21 is not finalized within the time prescribed by legislation.
  2. That the applicant enter into a consent development agreement to the satisfaction of the Secretary Treasurer of the Committee of Adjustment which agreement shall include a requirement that the property be subject to approval of a site plan application that is to be submitted to the City’s Planning and Building Department and that the Department is satisfied with the plans and drawings addressing among other things: neighbourhood context, and tree preservation.
  
  
  
  
• 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 CONDITIONS:

   

  A lot frontage of 11.43m whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 12.00m in this instance.

   

  CONDITIONS:

  1. Variance(s) approved under file(s) A104.21 & A105.21 shall lapse if the consent application under file B19.21 is not finalized within the time prescribed by legislation.
  2. That the applicant enter into a consent development agreement to the satisfaction of the Secretary Treasurer of the Committee of Adjustment which agreement shall include a requirement that the property be subject to approval of a site plan application that is to be submitted to the City’s Planning and Building Department and that the Department is satisfied with the plans and drawings addressing among other things: neighbourhood context, and tree preservation.
  
  
  
  

4.5

A113/21

3654 EAST PARK CRT (WARD 8)

KAREN & DEAN WOODMAN

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 CONDITIONS:

   

  To allow the construction of a pool and accessory structures on the subject property proposing:

  1. An accessory structure (Gazebo) area of 26.77sq.m whereas By-law 0225-2007, as amended, permits a maximum accessory structure area of 20.00sq.m in this instance;
  2. A side yard to an accessory structure (Gazebo) of 0.61m whereas By-law 0225-2007, as amended, requires a minimum side yard to an accessory structure of 1.20m in this instance;
  3. A side yard to an accessory structure in a side yard (Pool Storage Shed) of 1.38m whereas By-law 0225-2007, as amended, requires a minimum side yard to an accessory structure in a side yard of 1.50m in this instance;
  4. A swimming pool in a tree preservation area whereas By-law 0225-2007, as amended, does not permit a swimming pool in a tree preservation area in this instance;
  5. A partial accessory structure (Gazebo) in a tree preservation area whereas By-law 0225-2007, as amended, does not permit an accessory structure in a tree preservation area in this instance; and
  6. A partial accessory structure and partial swimming pool within a tree preservation area whereas By-law 0225-2007, as amended, requires a minimum rear yard to a tree preservation area of 7.50m in this instance.

   

  CONDITION(S):

  1. A letter shall be received from the City of Mississauga, Community Services Department, Park Planning Division, indicating satisfactory arrangements have been made with respect to the lack of trees in the rear yard.
  
  
  
  

4.6

A114/21

35 KING ST. E. (WARD 7)

NAM INTERNATIONAL 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:

  D. Kennedy

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED:

   

  To allow a take-out restaurant in Unit 20 of the subject property within 60m of a Residential zone whereas By-law 0225-2007, as amended, requires a minimum 60m buffer from a take-out restaurant to a Residential zone in this instance.

  
  
  
  

4.7

A116/21

43 ORIOLE AVE (WARD 1)

BRYAN AND BETH BUTCHER

The Secretary – Treasurer noted the comments received from:

• A petition of support was received signed by 6 members of the public was received.

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:

  S. Patrizio

  CARRIED

   

  The Decision of the Committee is:

   

  APPLICATION APPROVED AS AMENDED:

   

  To allow the construction of an addition proposing:

  1. An interior side yard measured to the garage of 1.24m whereas By-law 0225-2007, as amended, requires a minimum interior side yard measured to the garage of 1.80m in this instance; and
  2. A combined width of side yards of 4.09m whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 4.93m in this instance.
  
  
  
  

4.8

A394/20

1330 EGLINTON AVE E (WARD 3)

GREYCAN 6 PROPERTIES GP INC C/O PANATTONI DEVELOPMENT CO

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

 

One member of the public spoke requesting a deferral of 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 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:

   

  Insufficient parking on-site of 329 spaces; whereas By-law 225-2007, as amended, requires a minimum of 457 spaces in this instance.

  
  
  
  

5.

OTHER BUSINESS

6.

ADJOURNMENT