Committee of Adjustment

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 Sections 4.5.1, Table 4.7 Rows 1 and 2, and Section 4.20.10.3 of Zoning By-law (1995)-14864, as amended, for 14 O'Connor Lane to permit: a. the existing accessory structure (gazebo) to be located in the exterior side yard with a minimum exterior side yard setback of 0.5 metres, when the By-law requires that an accessory building or structure may occupy a yard other than a front yard or required exterior side yard on a lot; b. the existing uncovered porch (deck) partially more than 1.2 metres above finished grade to be located in the exterior side yard with a minimum exterior side yard setback of 0.5 metres and a maximum projection of 3.95 metres into the required exterior side yard, when the By-law requires a minimum exterior side yard setback of 0.8 metres and a maximum projection of 3 metres into the required exterior side yard for an uncovered porch partially more than 1.2 metres above finished grade; and c. an existing fence height of 1.85 metres in the exterior side yard in front of the midpoint of the dwelling, when the By-law requires that within any residential zone, any fence located in the exterior side yard shall not exceed 0.8 metres in height in the remaining exterior side yard, be approved, subject to the following condition: 1. That the variances only apply to the existing single-storey accessory structures (gazebo and deck) and fencing i

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 4.15.1.6.3 of Zoning By-law (1995)-14864, as amended, to permit no interior access between the existing additional residential dwelling unit and the primary dwelling unit, when the By-law requires interior access between floor levels and between the additional residential dwelling unit and the primary dwelling unit, be approved, subject to the following condition: 1. That the applicant applies for and is issued any required building permit and registration for the Additional Residential Dwelling Unit (ARDU). Reasons: 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.

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 4.5.1.2 of Zoning By-law (1995)-14864, as amended, for 22 Summit Crescent, to permit a minimum right side yard setback of 0.6 metres for the proposed single-car attached garage, when the By-law requires a minimum side yard setback of 1.5 metres for 1 to 2 storey dwellings in an R.1B Zone, be approved, subject to the following conditions: 1. That the right-side yard setback of 0.6 metres applies only to the proposed one storey single-car attached garage, in general accordance with the public notice sketch. 2. That the existing rear yard shed be relocated, in general accordance with the revised sketch, to be 0.6 metres from the side and rear yard. 3. That prior to issuance of the Building Permit, the Owner(s), shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading plan in accordance with the City’s Development Engineering Manual. Reasons: 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 any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have b

That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of a portion of Part Lot 5, Concession 1, Division ‘B’, being Part 4 of Plan 61R-3806 and Part 1 of Plan 61R- 9602, currently known as 361 Whitelaw Road, a parcel with frontage along Paisley Road of 189.5 metres, and an area of 70,100 square metres, substantially in accordance with a sketch prepared by BSR&D Inc. dated March 7, 2022, reference number 22-14-666-00, be approved, subject to the following conditions: 1. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official. 2. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first. 3. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of

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 4.5.2.1 of Zoning By-law (1995)-14864, as amended, to permit the proposed accessory building (detached garage) to have a maximum building height of 5 metres, when the By-law requires a maximum building height of 3.6 metres for an accessory building within a residential zone, be approved, subject to the following conditions: 1. That the requested variance applies only to the proposed accessory building (detached garage), in general accordance with the public notice sketch and submitted elevation plans. 2. That prior to the issuance of the building permit, the existing accessory structures (shop/barn) shall be demolished to the satisfaction of the Chief Building Official. 3. That prior to issuance of the Building Permit, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a grading plan in accordance with the City’s Development Engineering Manual. Reasons: 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 any and all oral submissions related to this application that were made at a public hearing, held under

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 4.13.7.2 ii) of Zoning By-law (1995)-14864, as amended, for 148 Cardigan Street, to permit two existing residential driveway accesses on the property, when the By-law requires that 1 driveway (residential) access only shall be created per residential property, be approved. Reasons: This minor variance request is approved, as it is the opinion of the Committee that this request meets all four tests under Section 45(1) of the Planning Act. 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 Table 5.1.2 Rows 7 and 8, and Section 4.15.1.7.8 of Zoning By-law (1995)-14864, as amended, to permit: a. a minimum right side yard setback of 0.7 metres for the proposed addition to the primary 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; b. a minimum rear yard setback of 0.42 metres for the proposed addition to the primary dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres or 20 percent of the lot depth [being 3.35 metres], whichever is less; c. a minimum left side yard setback of 0.41 metres for the proposed accessory dwelling unit in a separate building, when the By-law requires that an additional residential dwelling unit in a separate buil

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 4.20.3 of Zoning By-law (1995)-14864, as amended, to permit a proposed fence with a height of 1.2 metres to be within 0 metres of the street line in the exterior side yard, when the By-law requires that any fence within an Institutional Zone shall not be within 4 metres of the street line unless the height of such fence is less than 0.8 metres, be approved, subject to the following conditions: 1. That the 1.2-metre-tall fence with a 0 metres setback from the street line in an exterior side yard applies only to the proposed fence, in general accordance with the public notice sketch. 2. That prior to the issuance of any building permit, the owner(s) shall enter into, or amend any existing, encroachment agreement(s) in accordance with City Lands Encroachments By- law (2009)-18799 as may be amended from time to time, or any successor By-law(s) thereto, at the discretion of the City and to the satisfaction of the City Solicitor, for any and all actual or proposed encroachments within the City’s right of way. Reasons: 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 de

That a partial refund of 50 percent ($196.50) of the deferral fee for minor variance file A-55/21 (14 O'Connor Lane) be approved.

That this hearing of the Committee of Adjustment be adjourned. (6:13 p.m.)