Committee of Adjustment

That the minutes from the June 8, 2023 Regular Hearing of the Committee of Adjustment, and the June 22, 2023 Special Hearing of the Committee of Adjustment, be approved as circulated.

That consent application B-9/23 for 516 Imperial Road North, 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 for severance of Part of Lot 1, Concession 4, Division C, currently known as 105 Victoria Road North, a parcel with a frontage on Victoria Road North of 21.33 metres, and an area of 1,042 square metres, substantially in accordance with a sketch prepared by MHBC Planning, dated September 9, 2022, file number 18172B, be approved, subject to the following conditions: 1. That prior to the issuance of a building permit or any works taking place on site, the owner shall provide a site-specific Arborist Report and Tree Inventory and Preservation Plan (TIPP), through the City’s Private Tree Bylaw process, satisfactory to the General Manager of Planning and Building Services. Committee of Adjustment Minutes: July 13, 2023 - 3 2. That prior to the issuance of a building permit or any works taking place on site, the owner shall complete a Tree Compensation Plan as per the City’s Tree Technical Manual, satisfactory to the General Manager of Planning and Building Services, prior to any works taking place. Should space not be available for compensation trees on site, an alternative site and/or cash-in-lieu compensation can be considered by City staff. 3. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide a servicing plan, showing the lateral service connections to the City’s infrastructure for review and approval for the severed lands, to

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 of Lot 1, Concession 4, Division C, currently known as 105 Victoria Road North, a parcel with a frontage on Cassino Avenue of 105.53 metres, and an area of 9,662.2 square metres, substantially in accordance with a sketch prepared by MHBC Planning, dated September 9, 2022, file number 18172B, be approved, subject to the following conditions: 1. That consent application files B-26/22 and B-28/22 receive final certification of the Secretary-Treasurer and be registered on title. 2. 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. 3. 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. 4. 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

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 of Lot 1, Concession 4, Division C, currently known as 105 Victoria Road North, a parcel of land with an area of 41.8 square metres, as a lot addition to Part of Lot 1, Concession 4, Division C, currently known as 103 Victoria Road North, substantially in accordance with a sketch prepared by MHBC Planning dated September 9, 2022, file number 18172B, be approved, subject to the following conditions: 1. That consent application files B-26/22 and B-27/22 receive final certification of the Secretary-Treasurer and be registered on title. 2. 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. 3. 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 Committee of Adjustment Minutes: July 13, 2023 - 8 issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first. 4. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the S

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 4.5.1.4 and 4.5.2.1 of Zoning By-law (1995)-14864, as amended, for 12 Terry Boulevard, to permit: a. a maximum total ground floor area of the proposed accessory building (detached garage) to be 83.7 square metres, when the By-law requires that in a residential zone, the total ground floor area of all accessory buildings or structures shall not exceed 70 square metres; and b. a maximum height of 4.1 metres for the proposed accessory building (detached garage), when the By-law requires that in a Committee of Adjustment Minutes: July 13, 2023 - 10 residential zone, an accessory building or structure shall not exceed 3.6 metres in height, and variances from the requirements of Sections 4.5.2(a) and 4.5.2(b) of Zoning By-law (2023)-20790, as amended, for 12 Terry Boulevard, to permit: a. a maximum total ground floor area of the proposed accessory building (detached garage) to be 83.7 square metres, when the By-law requires that the maximum total ground floor area of all accessory buildings or structures in a residential zone is 70 square metres; and b. a maximum height of 4.1 metres for the proposed accessory building (detached garage) when the By-law requires that the maximum height of an accessory building or structure is 4 metres, be approved. Reason: This application is approved, as it is the opinion of the Committee that thi

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 7 of Zoning By-law (1995)-14864, as amended, for 3 King Street, to permit a minimum left side yard setback of 0.85 metres for the proposed conversion of the existing attached garage into living space, when the By-law requires a minimum side yard setback of 1.5 metres in the R.1B Zone, and a variance from the requirements of Table 6.3 of Zoning By-law (2023)-20790, as amended, for 3 King Street, to permit a minimum left side yard setback of 0.85 metres for the proposed conversion of the existing attached garage into living space, when the By-law requires a minimum interior side yard of 1.5 metres in the RL.1 Zone, 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 5.1.1 of Zoning By-law (1995)-14864, as amended, for 83 Bagot Street, to permit a duplex dwelling as a permitted use on the subject property, when the By-law allows a variety of uses in the R.1B Zone, including an additional residential dwelling unit, but does not permit a duplex dwelling, be approved. Reasons: 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 Table 5.1.2 Row 7 of Zoning By-law (1995)-14864, as amended, for 31 Suffolk Street West, to permit a minimum left side yard setback of 1.05 metres for the proposed second storey addition to the rear of the existing dwelling, when the By-law requires a minimum interior side yard of 1.5 metres in the R.1B Zone, and a variance from the requirements of Table 6.3 of Zoning By-law (2023)-20790, as amended, for 31 Suffolk Street West, to permit a minimum left side yard setback of 1.05 metres for the proposed second storey addition to the rear of the existing dwelling, when the By-law requires a minimum interior side yard of 1.5 metres in the RL.1 Zone, 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 Table 4.7 Row 1 of Zoning By-law (1995)-14864, as amended, for 12 Mollison Court, to permit the existing uncovered porch (deck) located at the rear of the subject property to have a minimum setback of 0.09 metres from the left side yard lot line, when the By-law requires an uncovered porch not more than 1.2 metres above finished grade to have a minimum setback of 0.6 metres from the side lot line, and a variance from the requirements of Table 4.7.6B of Zoning By-law (2023)-20790, as amended, for 12 Mollison Court, to permit the existing uncovered porch (deck) located at the rear of the subject property to have a minimum setback of 0.09 metres from the left side yard lot line, when the By-law requires an uncovered porch not more than 1.2 metres above finished grade to have a minimum setback of 0.6 metres from an interior side yard 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 Committee of Adjustment Minutes: July 13, 2023 - 15 related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, t

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 6, Section 5.1.2.7, Table 5.1.2 Row 6a, and 5.1.2 Row 7 of Zoning By-law (1995)- 14864, as amended, for 51 Spring Street, to permit: a. a minimum front yard setback of 2.63 metres for the proposed second storey addition to the existing dwelling, when the By-law requires that the minimum front yard setback be 6 metres or the average of the setbacks of the adjacent properties [which is greater than 6 metres], whichever is less, for a dwelling located in the R.1B Zone, and within Defined Area Map Number 66 of the By-law; b. a minimum exterior side yard setback of 1.09 metres for the proposed second storey addition to the existing dwelling, when Committee of Adjustment Minutes: July 13, 2023 - 16 the By-law requires that the minimum exterior side yard be 6 metres or the average of the setbacks of the adjacent properties [being 1.5 metres], whichever is less, for a dwelling located in the R.1B Zone, and within Defined Area Map Number 66 of the By-law; and c. a minimum interior side yard setback of 0.9 metres for the proposed second storey addition to the existing dwelling when the By-law requires that the minimum side yard setback be 1.5 metres for a 1 to 2 storey dwelling located in the R.1B Zone and variances from the requirements of Table 6.3 and Additional Regulation 2 of Zoning By-law (2023)-20790, as amended, for 51

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 6.5.3.37.1 of Zoning By-law (1995)-14864, as amended, for 512 Woolwich Street, to permit a medical clinic use with a maximum gross floor area of 1171 square metres as an additional permitted use on the subject property, when the By-law permits a variety of uses in the OR-37 Zone, including a medical clinic, provided it does not exceed 464.5 square metres of gross floor area and a variance from the requirements of Section 18.12.3 of Zoning By-law (2023)-20790, as amended, for 512 Woolwich Street, to permit a medical clinic use with a maximum gross floor area of 1171 square metres as an additional permitted use on the subject property, when the By-law permits a variety of uses in the CC-3 Zone, but does not permit a medical clinic use, be approved, subject to the following condition: 1. That the medical clinic use be limited to 464.5 sq. metres of total gross floor area. Committee of Adjustment Minutes: July 13, 2023 - 19 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

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 96 and 97, Plan 274, currently known as 61 Hearn Avenue, a parcel with frontage on Hearn Avenue of 17.4 metres, and an area of 532 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated June 13, 2023, project number 32194-23, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, the existing rear yard shed shall be removed to ensure that a minimum 1.5 metre side yard setback is met to the satisfaction of the Chief Building Official. 2. That prior to the issuance of the Certificate of Official or removal/injury of any City-owned or boundary trees (whichever occurs first), the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) to the satisfaction of the General Manager of Parks. If any City-owned or boundary trees are to be removed/injured to accommodate the development 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. The applicant shall contact Forestry staff to confirm requirements prior to preparing the TIPP. 3. That prior to the issuance of the Certificate of Official, the Owner(s) shall provide to the City, to the satisfaction of the General Manager/City Engineer, a stormwater management brief f

That consent application B-10/23 for 61 Hearn Avenue, be

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 Row 2 of Zoning By-law (1995)-14864, as amended, for 261 Arthur Street North, to permit permit the proposed uncovered porch to be 3.35 metres above finished grade, exceeding the height of the main floor entry level of the dwelling, when the By-law requires an uncovered porch more than 1.2 metres above finished grade, to be no higher than the main floor/entry level of the dwelling, and a variance from the requirements of Section 4.7.7 of Zoning By-law (2023)-20790, as amended, for 261 Arthur Street North, to permit the proposed uncovered porch to be 3.35 metres above finished grade, exceeding the height of the main floor entry level of the dwelling, when the By-law requires an uncovered porch more than 1.2 metres above finished grade, to be no higher than the main floor/entry level of the dwelling, 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 a

Committee of Adjustment Minutes: July 13, 2023 - 25 That this hearing of the Committee of Adjustment be adjourned. (6:18 p.m.)