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Committee of Adjustment
October 10, 2024
What was decided (9 motions)
9 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 5.3, Section 5.9(b) and Section 6.18 of Zoning By-law (2023)-20790, as amended, for 50-60 Fife Road, to permit: a. a minimum of 95 off-street parking spaces for the existing apartment building, existing townhouse units, and proposed multiple attached dwellings, when the By-law requires a minimum of 1.5 parking spaces per unit for the first 20 units in an apartment building, and 1.25 spaces per unit for more than 20 units; 1 parking space per unit for an existing townhouse Committee of Adjustment Minutes: October 10, 2024 - 2 unit; and 1.2 parking spaces per unit for the proposed townhouse units [total of 102 parking spaces required]; b. 0 designed electric vehicle parking spaces, when the By-law requires a minimum of 80 percent of total required parking spaces for multi-unit buildings with 3 or more dwelling units, townhouse – cluster, stacked, stacked back-to-back, and mixed- use buildings shall be provided as designed electric vehicle parking spaces; and c. a minimum buffer strip of 1 metre around the perimeter of the surface parking lot and to permit the placement of a transformer within the buffer strip, when the By-law requires a minimum buffer strip of 3 metres is required around the perimeter of surface parking lots, be approved. Reason: This application is approved, as it is the opinion of the Committee that this applic
Moved by J. Goodfellow, seconded by A. Balaban
Carried
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Section 4.12.1(d)(vii) of Zoning By-law (2023)-20790, as amended, for 424 Willow Road, to permit a minimum left side yard setback of 0.6 metres for the proposed additional residential dwelling unit in a separate building on the lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum interior side yard and rear yard setback consistent with the interior side yard setback for the primary dwelling unit in the RL.1 Zone, being a minimum of 1.2 metres, be refused. Reason: This minor variance application is refused, as it is the opinion of the Committee that this application does not meet all four tests under Section 45(1) of the Planning Act, specifically being that the requested variance is not minor in nature, and is not desirable for the appropriate development of the lands, based on reasons outlined in the staff comments.
Moved by J. Smith, seconded by A. Balaban
Carried
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Table 4.7.6B of Zoning By-law (2023)-20790, as amended, for 42 Acker Street to permit a minimum left side yard setback of 0.49 metres for the proposed uncovered porch (landing) and exterior stairs, when the By-law requires a minimum interior side yard setback of 0.6 metres for an uncovered porch and stairs, be approved, subject to the following condition: 1. That prior to building permit the applicant submits a grading and drainage plan for the property, to the satisfaction of the General Manager/City Engineer. Reason: This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act. Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.
Moved by A. Balaban, seconded by P. Membreño
Carried
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 4.7.5A of Zoning By-law (2023)-20790, as amended, for 25 Aberdeen Street, to permit: a. a minimum front yard setback of 1.3 metres for the proposed open, roofed front porch, when the By-law requires a minimum front yard setback of 2 metres for an open, roofed porch not exceeding 1 storey in height; and b. a minimum front yard setback of 0.1 metres for the proposed exterior stairs associated with the proposed open, roofed front porch, when the By-law requires stairs associated with a porch to have a minimum front yard setback of 2 metres, be approved. Reason: This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1) of the Planning Act. Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions Committee of Adjustment Minutes: October 10, 2024 - 6 related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.
Moved by Balaban, seconded by Goodfellow
Carried
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Section 4.12.1(d)(vii) and Section 4.12.1(d)(viii) of Zoning By-law (2023)-20790, as amended, for 8 Grant Street to permit: a. a minimum left side yard setback of 0 metres for the proposed additional residential dwelling unit in a separate building on the lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum interior side yard and rear yard setback consistent Committee of Adjustment Minutes: October 10, 2024 - 7 with the interior side yard setback for the primary dwelling unit in the D.2 Zone, being a minimum of 1.5 metres; and b. a minimum distance of 2.63 metres between the primary dwelling unit and the proposed additional residential dwelling unit in a separate building on the lot, when the By-law requires a minimum distance of 3 metres shall be provided between the primary dwelling unit and an additional residential dwelling unit in a separate building on the same lot, be approved, subject to the following conditions: 1. That the proposed accessory dwelling unit be constructed in general accordance with the submitted site plan sketch to the satisfaction of the General Manager of Planning and Building Services, which includes the removal of the rear shed as shown on the plan. 2. That an Access and Maintenance Agreement be registered on title of the neighbour
Moved by J. Goodfellow, seconded by A. Balaban
Carried
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Section 4.12.1(d)(vii) of Zoning By-law (2023)-20790, as amended, for 82 Eramosa Road, to permit a minimum right side yard setback of 0.56 metres for the proposed additional residential dwelling unit in a separate building on the subject lot, when the By-law requires that an additional residential dwelling unit in a separate building on a lot shall have a minimum interior side yard and rear yard setback consistent with the interior side yard setback for the primary dwelling unit in the RL.1 Zone, being a minimum of 1.5 metres, be approved, subject to the following condition: 1. That an Access and Maintenance Agreement be registered on title of the neighbouring property (100 Queen Street) to the satisfaction of the Chief Building Official. The agreement shall contain provisions to permit access for the owner of 82 Eramosa Road onto 100 Queen Street, to allow for maintenance and construction of the additional residential dwelling unit in a separate building. Committee of Adjustment Minutes: October 10, 2024 - 9 Reason: This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act. Any and all written submissions relating to this application that were made to the committee of Adjustment before its decisi
Moved by J. Goodfellow, seconded by A. Balaban
Carried
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Table 6.3 of Zoning By-law (2023)-20790, as amended, for 84 Forbes Avenue, to permit a minimum rear yard setback of 3.2 metres for the proposed addition to the rear of the existing detached dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres, or 20 percent of the lot depth [being 8.2 metres], whichever is less, be approved. Committee of Adjustment Minutes: October 10, 2024 - 10 Reason: This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1) of the Planning Act. Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.
Moved by A. Balaban, seconded by J. Goodfellow
Carried
That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of 4.16.3(b)(iii) of Zoning By-law (2023)-20790, as amended, for 90 Cityview Drive North, to permit Committee of Adjustment Minutes: October 10, 2024 - 11 the extension of the existing fence with a maximum fence height of 1.8 metres in the exterior side yard, located from the midpoint of the main dwelling to the front wall of the main dwelling, and located outside of the sight line triangle for the subject property, when the By-law requires that a fence located in an exterior side yard shall not exceed 0.8 metres in height in the remaining exterior side yard, located from the midpoint of the main building towards the front lot line, be approved. Reason: This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1) of the Planning Act. Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.
Moved by J. Goodfellow, seconded by A. Balaban
Carried
1. That Jordan McDonald be appointed as an additional Deputy Secretary-Treasurer pursuant to Section 44(8) of the Planning Act, R.S.O. 1990, c. P.13. until such time as a successor is appointed. 2. That the previous appointment of Andrew Sandor as Deputy Secretary-Treasurer continue until such time as a successor is appointed.