Committee of Adjustment

That the minutes from the September 8, 2022 Regular Hearing of the Committee of Adjustment, be approved as circulated.

That consent applications B-26/22, B-27/22 and B-28/22 for 105 Victoria Road North, be

That minor variance application A-64/22 for 80 Woodlawn Road West, be

That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent to create the following severance and easement over Lots 64 and 65 and Part Lots 62 and 63, Registered Plan 258, currently known as 7 and 9 Omar Street and 19 Alma Street North, substantially in accordance with a sketch prepared by J.D. Barnes Ltd., dated August 30, 2022, and revised October 11, 2022, reference number 16-14-075-02: a. the severance of a parcel of land with frontage along Omar Street of 14.14 metres and an area of 542 square metres; and b. the creation of a 542 square metre easement over the proposed severed parcel (proposed Part 1) for drainage in favour of the proposed retained parcel and proposed severed parcel (proposed Parts 2 and 3), be approved, subject to the following conditions: 1. That prior to the issuance of a building permit for the severed and retained lots, the Owner/Developer shall submit to the City, in accordance with Section 41 of the Planning Act, a fully detailed site plan, indicating the location of the building, design and elevations, landscaping, parking, traffic circulation, access, lighting, noise mitigation measures outlined in the accepted Noise and Vibration Feasibility Study, grading and drainage on the said lands to the satisfaction of the General Manager of Planning and Building Services and the General Manager/City Engineer, prior to any construction or grading on the lands. 2. That prior to the issuance of the

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 Lots 64 and 65 and Part Lots 62 and 63, Registered Plan 258, currently known as 7 and 9 Omar Street and 19 Alma Street North, a parcel with a frontage on Alma Street North of 12.63 metres, and an area of 353 square metres, substantially in accordance with a sketch prepared by J.D. Barnes Ltd., dated August 30, 2022, and revised October 11, 2022, reference number 16-14-075-02, be approved, subject to the following conditions: 1. That prior to the issuance of a building permit for the severed and retained lots, the Owner/Developer shall submit to the City, in accordance with Section 41 of the Planning Act, a fully detailed site plan, indicating the location of the building, design and elevations, landscaping, parking, traffic circulation, access, lighting, noise mitigation measures outlined in the accepted Noise and Vibration Feasibility Study, grading and drainage on the said lands to the satisfaction of the General Manager of Planning and Building Services and the General Manager/City Engineer, prior to any construction or grading on the lands. 2. That prior to the issuance of the building permit, the owner shall submit to the City, in accordance with Section 41 of The Planning Act, a fully detailed site plan indicating the location of the building, building design, landscaping, parking, traffic circulation, access, lighting, grading and drain

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 Part Block D, Registered Plan 598, being Parts 2 and 3 according to Reference Plan 61-6854, currently known as 33 Islington Avenue, a parcel of land with an area of 273 square metres, as a lot addition to Part Block D, Registered Plan 598, Part 1 according to Reference Plan 61-R-6854, currently known as 37 Islington Avenue, substantially in accordance with a sketch prepared by J.D. Barnes Ltd. dated September 6, 2022, reference number 22-14-789-00-A, 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

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 Part Lot 19, Division A, Part 2 of Reference Plan 61-R-22032, currently known as 710 Woolwich Street, a parcel with a frontage on Woolwich Street of 49.7 metres, and an area of 3000 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 17, 2022, project number 28990-20, 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 the deposited Reference Plan (version

That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent to create the following easement over Part Lot 19, Division A, Part 2 of Reference Plan 61R-22032, currently known as 710 Woolwich Street, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated August 17, 2022, project number 28990-20, the creation of a 1,300 square metre easement over a portion of the retained parcel for access and stormwater servicing in favour of the severed parcel, 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 Committee of Adjustment Minutes: October 13, 2022 - 16 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 easem

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 Part Lot 6, Division C, Registered Plan 53, Part 1 of Reference Plan 61-R-10871, currently known as 300 Grange Road, a parcel with a frontage on Grange Road of 9.0 metres, and an area of 288 square metres, substantially in accordance with a sketch prepared by J.D. Barnes Ltd., dated September 8, 2022, reference number 22-14-656-00-8, be approved, subject to the following conditions: 1. That prior to the issuance of a building permit, a plan shall be submitted to, and approved by the General Manager of Planning and Building Services, for the new dwellings on the "severed" parcels indicating the location and design of the new dwellings. 2. That prior to the issuance of a building permit, elevation and design drawings for the new dwellings on the “severed” parcels shall be submitted to, and approved by the General Manager of Planning and Building Services. 3. That prior to the issuance of a building permit, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, the following studies, plans and reports: a. a stormwater management report (Brief) and plans certified by a Professional Engineer in accordance with the City’s Guidelines and the latest edition of the Ministry of the Environment’s "Stormwater Management Practices Planning and Design Manual," which addresses the quantity and quality of stormwater

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 Part Lot 44, Registered Plan 50, Part 2 of Reference Plan 61R-3037 and Part 2 of Reference Plan 61R-3234, currently known as 64 Forest Street, a parcel of land with frontage on Forest Street of 1.5 metres, and an area of 65 square metres, as a lot addition to Part Lot 44, Registered Plan 50, Part 1 of WGR132 and Part 1 of Reference Plan 61R-3234, currently known as 70 Forest Street, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated September 13, 2022, project number 30033-21, 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. Committee of Adjustment Minutes: October 13, 2022 - 23 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, dep

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 Part Lot 44, Registered Plan 50, Part 1 of WGR132 and Part 1 of Reference Plan 61R-3234, currently known as 70 Forest Street, a parcel of land including the lot addition created via file B-29/22 with frontage on Forest Street of 12.7 metres, and an area of 551 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated September 13, 2022, project number 30033-21, be approved subject to the following conditions: 1. That Consent application B-29/22 is approved. 2. That Minor Variance application A-51/22 is approved. 3. That prior to the issuance of a building permit, a plan shall be submitted to, and approved by the General Manager of Planning and Building Services, for the new dwelling on the "severed" parcel indicating the location and design of the new dwelling. 4. That prior to the issuance of a building permit, elevation and design drawings for the new dwelling on the “severed” parcel shall be submitted to and approved by the General Manager of Planning and Building Services. Committee of Adjustment Minutes: October 13, 2022 - 25 5. That prior to the issuance of a building permit, or removal of the City boundary tree (whichever occurs first), the applicant shall provide compensation either in the form of Cash in Lieu or Replacement Trees, or a combination of the two at the discretion of City staff f

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 5.1.2 Row 4 of Zoning By-law (1995)-14864, as amended, for 70 Forest Street, to permit a minimum lot frontage of 12.7 metres for the proposed severed parcel, when the By-Law requires a minimum lot frontage of 15.0 metres for properties located in a R.1B Zone, be approved subject to the following conditions: 1. That the driveway width be limited to a maximum of 6 metres. 2. That consent applications B-29/22 and B-30/22 receives final certification of the Secretary-Treasurer and be registered on title. 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 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 4.13.2.1 of Zoning By-law (1995)-14864, as amended, for 43 Everton Drive, to permit the required parking space to be located 0.8 metres from the street line (within the driveway) and be located in front of the front wall of the dwelling, when the By-Law requires that in a R.1 Zone, every required parking space shall be located a minimum distance of 6 metres from the street line and to the rear of the front wall of the main building, be approved subject to the following conditions: 1. That the Owner enters into an Agreement registered on title of the property prior to the lapsing of the original variance application A-94/19, requiring the temporary sales office at 43 Everton Drive, be removed from within the garage and the garage restored to accommodate a 3 metre by 6 metre parking space for the dwelling prior to the transfer of lease/title to a subsequent owner(s) or within 3 years of Committee’s final decision, whichever occurs first. 2. That the temporary sales office be permitted for a maximum of three (3) years from the date of Committee’s final decision. 3. That the existing agreement registered January 15, 2020, as Instrument No. WC589989 be released off title once the new agreement is registered at the sole cost of the Owner. Reason: This application is approved, as it is the opinion of the Committee that, with the ab

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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 6 Breesegarden Lane, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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 related to this application that were made at a public hearing, held under the Committee of Adjustment Minutes: October 13, 2022 - 31 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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 8 Breesegarden Lane, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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 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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 179 Cityview Drive North, to permit a maximum driveway width of 5 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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 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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 17 Harrington Road, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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 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.

Committee of Adjustment Minutes: October 13, 2022 - 34 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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 19 Harrington Road, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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 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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 21 Harrington Road, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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 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. Committee of Adjustment Minutes: October 13, 2022 - 35

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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 23 Harrington Road, to permit a maximum driveway width of 6 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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 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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 87 Silurian Drive, to permit a maximum driveway width of 5 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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 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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 89 Silurian Drive, to permit a maximum driveway width of 5 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 metres, be approved. Committee of Adjustment Minutes: October 13, 2022 - 37 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.

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 4.13.7.2.3 of Zoning By-law (1995)-14864, as amended, for 91 Silurian Drive, to permit a maximum driveway width of 5 metres, when the By-Law requires that a residential driveway in a R.2 Zone shall have a maximum width of 3.5 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 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, variances from the requirements of Table 5.1.2 Rows 4 and 7 of Zoning By-law (1995)-14864, as amended, for Lots 103-111 Phase 2, Cityview Subdivision, currently a portion of 55 Cityview Drive North, to permit: a. a minimum lot frontage of 9.0 metres for each lot, when the By-Law requires that the minimum lot frontage be 12 metres in an R.1C Zone; and b. a minimum side yard of 0.6 metres for each lot, when the By-Law requires that the minimum side yard for a 1-2 storey dwelling be 1.2 metres in an R.1C Zone, be approved subject to the following conditions: 1. That the maximum driveway width for each lot shall be 5 metres. 2. Prior to issuance of building permits, the owner makes satisfactory arrangements with the Subdivisions Department of Alectra Utilities for the servicing of the new lot(s). The servicing costs would be at the applicant’s expense. Not

That this hearing of the Committee of Adjustment be adjourned. (5:36 p.m.)