Committee of Adjustment

That the minutes from the November 10, 2022 Regular Hearing of the Committee of Adjustment, be approved as circulated.

That minor variance application A-73/22 for 191 Kortright Road West, be

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 Sections 6.4.3.2.4.1 and 4.13.4.2 of Zoning By-law (1995)-14864, as amended, for 80 Woodlawn Road West, to permit: a. a restaurant within a freestanding building (not in a mall) at 80 Woodlawn Road West, when the By-Law permits a variety of uses in the SC.2-4 Zone, but only a restaurant use within a mall; and b. a minimum of 19 off-street parking spaces for the proposed restaurant use within the existing building, when the By-Law requires a minimum of one (1) off-street parking space per 7.5 square metres of gross floor area for a restaurant use [total of 41 off-street parking spaces required], be approved subject to the following conditions: 1. That prior to the issuance of a building permit(s), the applicant shall demarcate a minimum of 19 off-street parking spaces, including one (1) accessible parking space as shown on the Public Notice sketch, to the satisfaction of the General Manager of Planning and Building Services. 2. That the drive-thru window indicated in Elevation Sketch # 1 is not approved. Reason: This application is approved, as it is the opinion of the Committee that, with the above noted conditions 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

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 Sections 6.4.3.2.4.1 and 4.13.4.1 of Zoning By-law (1995)-14864, as amended, for 190 Nicklin Road, to permit: a. a day care centre as an additional permitted use at 190 Nicklin Road, when the By-Law permits a variety of uses in the SC.2-4 Zone, but does not permit a daycare centre, and; b. a minimum of 32 off-street parking spaces for the existing service commercial mall (existing three buildings), when the By- Law requires a minimum of one (1) off-street parking space per 16.5 metres square metres of gross floor area for a service commercial mall [total of 49 off-street parking spaces required for the property], be approved subject to the following conditions: 1. That prior to the issuance of any building permit(s), the applicant shall demarcate 7 off-street parking spaces directly beside 190 Nicklin Road, including one (1) accessible parking space as shown on the Public Notice sketch, to the satisfaction of the General Manager of Planning and Building Services. 2. That prior to the issuance of any building permit(s), the Owner(s) shall install traffic bollards along the perimeter of the proposed outdoor area. Reason: This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets all four tests under Section 45(1) of the Planning Act. Any and all written

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 5.1.2, Row 7 and Sections 5.1.2.8 and 5.1.2.1 of Zoning By-law (1995)-14864, as amended, for 123 Stuart Street, to permit: a. a minimum left side yard setback of 0.8 metres for the proposed addition to the rear of the existing detached dwelling, when the By-Law requires a minimum side yard setback of 1.5 metres for a dwelling over two-storeys located within Defined Area Map Number 66 of the By-law; and b. a minimum right side yard setback of 2.2 metres for the proposed addition to the rear of the existing detached dwelling, when the By-Law requires that, where a garage, carport or parking space is not provided, one side yard shall have a minimum dimension of 3 metres, be approved subject to the following condition: 1. That the left and right side yard setbacks of 0.8 metres and 2.2 metres respectively apply only to the proposed addition within the rear yard of the property as shown on the public notice sketch. 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 heari

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 5.1.2, Row 7 and Section 5.1.2.1 of Zoning By-law (1995)-14864, as amended, for 66 Hayes Avenue, to permit: a. a minimum right side yard setback of 0.65 metres for the proposed addition to the rear of the existing detached dwelling, when the By-Law requires a minimum side yard setback of 1.5 metres for 1 to 2 storey dwellings in a R.1B Zone and; b. a minimum left side yard setback of 1.76 metres for the proposed addition to the rear of the existing detached dwelling, when the By-Law requires where a garage, carport or parking space is not provided, one side yard shall have a minimum dimension of 3 metres, be approved subject to the following condition: 1. That the left and right side yard setbacks of 1.76 metres and 0.65 metres respectively apply only to the proposed addition within the rear yard of the property as shown on the public notice sketch. 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

That this hearing of the Committee of Adjustment be adjourned. (5:04 p.m.)