Committee of Adjustment

That the minutes from the July 13, 2023 Regular Hearing of the Committee of Adjustment, be approved as circulated.

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 4.23.1 of Zoning By-law (1995)-14864, as amended, for 561 York Road, to permit the proposed accessory use (pharmacy) to the medical clinic use to occupy a maximum of 50% of the gross floor area of units 6 and 7 within the existing commercial Committee of Adjustment Minutes: August 10, 2023 - 2 building, when the By-law requires that every accessory use shall be located in the same building or structure as the permitted use to which it is devoted and shall not occupy more than 25% of the gross floor area of the said building or structure, and a variance from the requirements of Section 4.21(b) of Zoning By-law (2023)- 20790, as amended, for 561 York Road, to permit the proposed accessory use (pharmacy) to the medical clinic use to occupy a maximum of 50% of the gross floor area of units 6 and 7 within the existing commercial building, when the By-law requires that every accessory use shall be located in the same building or structure as the permitted use to which it is devoted and shall not occupy more than 25% of the net floor area of the said building or structure, 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 committ

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 6.2.1.1 of Zoning By-law (1995)-14864, as amended, for 10 Samuel Drive, to permit a commercial school use (pilates studio) as an additional permitted use on the subject property, when the By-law allows a variety of uses in the NC Zone, but does not permit a commercial school, 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 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Part of Lots 10 and 11, Registered Plan 264, currently known as 239 Kathleen Street, a parcel with a frontage on Kathleen Street of 10.97 metres, and an area of 314 square metres, substantially in accordance with a sketch prepared by J.D. Barnes Limited, dated June 27, 2023, reference number 23-14-944-0, be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official or removal/injury of any City-owned trees (whichever occurs first), the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) for any City-owned trees along Kathleen Street that may be impacted by the proposed development to the satisfaction of the General Manager of Parks. If any City-owned 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 must contact Forestry staff to confirm requirements prior to preparing the TIPP. 2. That prior to the issuance of the Certificate of Official, the Owner(s), shall provide to the City, to the satisfaction of the Committee of Adjustment Minutes: August 10, 2023 - 6 General Manager/City Engineer, the following studies, plans and reports: i. a stormwater management report and plans certified

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 3 of Zoning By-law (1995)-14864, as amended, for 239 Kathleen Street, to permit: a. a minimum lot frontage of 10.97 metres for the proposed severed lot, when the By-law requires a minimum lot frontage of 15 metres for a property located in the R.1B Zone; and b. a minimum lot area of 314 square metres for the proposed severed lot, when the By-law requires a minimum lot area of 460 square metres for a property located in the R.1B Zone and a variance from the requirements of Table 6.2 of Zoning By-law (2023)-20790, as amended, for 239 Kathleen Street, to permit a minimum lot area of 314 square metres for the proposed severed lot, when the By-law requires a minimum lot area of 460 square metres for a property in the RL.1 Zone, be approved, subject to the following condition: 1. That consent application file B-11/23 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 condition of approval, this application meets all four tests under Section 45(1) of the Planning Act.

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 3 of Zoning By-law (1995)-14864, as amended, for 239 Kathleen Street, to permit: a. a minimum lot frontage of 10.98 metres for the proposed retained lot, when the By-law requires a minimum lot frontage of 15 metres for a property located in the R.1B Zone; and b. a minimum lot area of 314.4 square metres for the proposed retained lot, when the By-law requires a minimum lot area of 460 square metres for a property located in the R.1B Zone and a variance from the requirements of Table 6.2 of Zoning By-law (2023)-20790, as amended, for 239 Kathleen Street, to permit a minimum lot area of 314.4 square metres for the proposed retained lot, when the By-law requires a minimum lot area of 460 square metres for a property in the RL.1 Zone, be approved, subject to the following condition: 1. That consent application file B-11/23 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 condition of approval, this application meets all four tests under Section 45(1) of the Planning Act.

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 3 of Zoning By-law (1995)-14864, as amended, for 239 Kathleen Street, to permit: a. a minimum lot frontage of 10.97 metres for the proposed severed lot, when the By-law requires a minimum lot frontage of 15 metres for a property located in the R.1B Zone; and Committee of Adjustment Minutes: August 10, 2023 - 12 b. a minimum lot area of 314 square metres for the proposed severed lot, when the By-law requires a minimum lot area of 460 square metres for a property located in the R.1B Zone and a variance from the requirements of Table 6.2 of Zoning By-law (2023)-20790, as amended, for 239 Kathleen Street, to permit a minimum lot area of 314 square metres for the proposed severed lot, when the By-law requires a minimum lot area of 460 square metres for a property in the RL.1 Zone, be refused. Reason: These minor variance requests are refused, as it is the opinion of the Committee that these variance requests do not meet all four tests under Section 45(1) of the Planning Act, specifically being that the requested variances are not minor in nature and not desirable for the appropriate development of the lands in question. 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 m

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 3 of Zoning By-law (1995)-14864, as amended, for 239 Kathleen Street, to permit: a. a minimum lot frontage of 10.98 metres for the proposed retained lot, when the By-law requires a minimum lot frontage of 15 metres for a property located in the R.1B Zone; and Committee of Adjustment Minutes: August 10, 2023 - 13 b. a minimum lot area of 314.4 square metres for the proposed retained lot, when the By-law requires a minimum lot area of 460 square metres for a property located in the R.1B Zone and a variance from the requirements of Table 6.2 of Zoning By-law (2023)-20790, as amended, for 239 Kathleen Street, to permit a minimum lot area of 314.4 square metres for the proposed retained lot, when the By-law requires a minimum lot area of 460 square metres for a property in the RL.1 Zone, be refused. Reason: These minor variance requests are refused, as it is the opinion of the Committee that these variance requests do not meet all four tests under Section 45(1) of the Planning Act, specifically being that the requested variances are not minor in nature and not desirable for the appropriate development of the lands in question. 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

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, and Section 5.1.2.8 of Zoning By-law (1995)-14864, as amended, for 277 Arthur Street North, to permit a minimum right side yard setback of 1.0 metre for the proposed attached garage to the existing detached dwelling, when the By-law requires that properties located in the R.1B Zone with buildings over 2 storeys located within Defined Area Map Number 66 of Schedule "A" of the By-law shall have a minimum side yard of 1.5 metres, be approved, subject to the following conditions: 1. That prior to the issuance of a building permit, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) for any boundary or City-owned trees along Arthur Street North that may be impacted by the proposed works to the satisfaction of the General Manager of Parks. If any trees are to be injured or removed to accommodate the proposed 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 must Committee of Adjustment Minutes: August 10, 2023 - 16 contact Forestry staff to confirm requirements prior to preparing the TIPP. 2. That prior to the issuance of a building permit, the owner agrees to provide a grading and drainage plan in accordance with the City’s Development Engineering Manua

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 5.2.2(a), Section 5.2.2(b), and Table 9.1 of Zoning By-law (2023)-20790, as amended, for 11 Cork Street West, to permit: a. parking spaces for the proposed multiple attached dwelling to have a minimum setback of 0 metres from the side and rear lot lines, when the By-law requires that for any cluster, stacked, back-to-back, stacked back-to-back townhouse, and apartment buildings, every parking space for the uses specified in Section 5.2.2 shall be located in the interior side yard or rear yard, and any parking area or parking space shall be setback a minimum of 3 metres from any lot line; b. parking spaces for the proposed multiple attached dwelling to have a minimum setback of 0 metres from any window of a habitable room, when the By-law requires that for any cluster, stacked, back-to-back, stacked back-to-back townhouse, and Committee of Adjustment Minutes: August 10, 2023 - 19 apartment buildings, any surface driveway or surface parking area shall be setback a minimum of 3 metres from a building wall, entrance or any window of a habitable room; and c. a multiple attached dwelling as an additional permitted use on the subject property, when the By-law permits a variety of residential uses in the D.1 Zone, but does not permit a multiple attached dwelling as a permitted use, be approved. Reason: This application is approved, a

That this hearing of the Committee of Adjustment be adjourned. (6:16 p.m.)