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Committee of Adjustment
December 12, 2024
What was decided (15 motions)
6 carried, 9 recorded otherwise. Every motion below is printed as the minutes print it.
That consent application file B-51/24 for 39 Armstrong Avenue, be
Moved by R. Speers, seconded by G. Sayer
Deferred
That minor variance application files A-92/24 and A-93/24 for 39 Armstrong Avenue, be
Moved by R. Speers, seconded by G. Sayer
Deferred
That minor variance application file A-90/24 for 493 Victoria Road North, be
Moved by J. Goodfellow, seconded by P. Membreño
Deferred
That minor variance application file A-95/24 for 39 Hayes Avenue, be
Moved by R. Speers, seconded by G. Sayer
Deferred
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 long-term lease in excess of 21 years for Part Lot 11, Concession 7, formerly Township of Puslinch, Part 1 of 61R-11333, currently known as 436 Clair Road West, over portion of the property comprising an area of 3,904.04 square metres, substantially in accordance with a sketch prepared by Kimley-Horn and Associates Inc., dated June 17, 2024, project number 161155000, 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 dep
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, variances from the requirements of Section 4.5.1(b)(ii) of Zoning By-law (2023)-20790, as amended, for 85 Cork Street West, to permit: a. a minimum left side yard setback of 0.45 metres for the existing accessory building (shed), when the By-law requires that an accessory building or structure is setback a minimum of 0.6 metres from any lot line; and Committee of Adjustment Minutes: December 20, 2024 - 6 b. a minimum rear yard setback of 0.3 metres for the existing accessory building (shed), when the By-law requires that an accessory building or structure is setback a minimum of 0.6 metres from any lot line, be approved, subject to the following condition: 1. That the shed maintains general conformity with the submitted site plan. This application is approved, as it is the opinion of the Committee, with the above noted condition, 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 G. Sayer
Carried
Committee of Adjustment Minutes: December 20, 2024 - 7 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 7.1 of Zoning Bylaw (2023)-20790, as amended, for 1030 Gordon Street, to permit a medical clinic use to a maximum of 1,682 square metres within the existing building, 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 A. Balaban, seconded by P. Membreño
Carried
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 Block A, Plan 620; Part of Lot 4, Concession 3, Division G and Part of Lot 4, Concession 3, Division G, currently known as 302 and 306 Edinburgh Road South, parcels of land (noted as Severed Parcels 1 to 7) with various frontage along Edinburgh Road South, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated October 24, 2024, project number 33820-24, be approved, subject to the following conditions: 1. Prior to the issuance of the Certificate of Official and/or prior to undertaking activities which may injure or destroy private trees, the applicant shall submit a Tree Preservation Plan (TIPP) undertaken by a Certified Arborist, in accordance with the requirements of the City’s Tree Technical Manual and to the satisfaction of the General Manager of Planning and Building Services. 2. That the designated stone markers be relocated off of the site to the satisfaction of heritage planning staff prior to the issuance of the certificate of official. 3. That prior to the issuance of the Certificate of Official, the Owner(s) shall transfer to the City, at no cost, a road widening in accordance with Table 5.1 of the Official Plan, to the satisfaction of the General Manager/City Engineer. 4. That prior to the issuance of the Certificate of Official, the owner(s) shall provide to the City, to the satisfaction of the Gener
Moved by R. Speers, seconded by A. Balaban
Defeated
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 5.9 Row 1, Table 5.10 Row 1, Section 5.11.2(a), Section 5.11.2(a), Table 5.2 Additional Regulation 1, Table 5.3 Row 15, and Section 4.12.1(c)(i)(A) of Zoning By-law (2023)-20790, as amended, for 302 and 306 Edinburgh Road South (severed parcels one to eight), to permit: a. a maximum attached garage width of 50 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi- detached dwelling; b. a maximum residential driveway width of 60 percent of the lot frontage or 5 metres, whichever is less, for the proposed semi- detached dwelling; c. an attached garage to project beyond the main front wall of the first storey containing habitable floor space oriented towards the Committee of Adjustment Minutes: December 20, 2024 - 12 front lot line abutting a street line, and if a roofed porch is proposed, the attached garage may be located ahead of the main front wall, to a maximum projection of 2 metres; d. a minimum floor area of 20 square metres for the proposed attached garage; e. a minimum of 1 parking space per semi-detached dwelling unit; and f. an additional residential dwelling unit located within the basement to occupy the entirety of the basement and contain 3 bedrooms be approved, subject to the following condition: 1. That consent application files B-52/24 to B-58/24, receive final certification of the Sec
Moved by R. Speers, seconded by A. Balaban
Defeated
That consent application files B-52/24, B-53/24, B-54/24, B-55/24, B-56/24, B- 57/24 and B-58/24 for 302 and 306 Edinburgh Road South, be
Moved by A. Balaban, seconded by P. Membreño
Deferred
That minor variance application files A-96/24, A-97/24, A-98/24, A-99/24, A- 100/24, A-101/24, A-102/24, and A-103/24 for 302 and 306 Edinburgh Road South, be
Moved by A. Balaban, seconded by P. Membreño
Deferred
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 41 Stuart Street, to permit a minimum left side yard setback of 1.2 metres for the proposed attached garage to the existing dwelling, when the By-law requires a minimum interior side yard setback of 1.5 metres, be approved, subject to the following conditions: Committee of Adjustment Minutes: December 20, 2024 - 14 1. That the proposed structure maintains general conformity with the submitted site plan. 2. That construction will proceed in consultation with an Arborist. 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.
Moved by J. Goodfellow, seconded by R. Speers
Carried
That a waiver of 100 percent ($4,170) of the application fee and 100% of the administration fee ($630) for a future consent application at 51, 53 and 55 Manitoba Street be refused.
Moved by R. Speers, seconded by P. Membreño
Defeated
That a full refund ($1900.00) of the application fee for minor variance file A-83/24 for (63 Arkell Road) be approved.
Moved by A. Balaban, seconded by G. Sayers
Carried
That this hearing of the Committee of Adjustment be adjourned (5:49 p.m.).