Committee of Adjustment

That minor variance application A-44/22 for 25 Hood Street, be

That minor variance application A-45/22 for 67 Arkell Road, be

That consent applications B-16/22 and B-17/22 for 140 Mary Street, 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 Section 6.2.1.2 of Zoning By-law (1995)-14864, as amended, for 35 Harvard Road, to permit an animal care establishment as an additional permitted use at 35 Harvard Road, unit 1, when the By-Law permits a variety of uses in the CC Zone, including a veterinary service, but does not permit animal care establishment, be approved, subject to the following conditions: 1. That no overnight or continual 24-hour animal accommodations, including boarding is permitted. 2. That no outdoor play area is permitted. 3. That the animal care establishment be limited in size to 440 square metres as shown on the public notice sketch. 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 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 4.13.3.2.2 of Zoning By-law (1995)-14864, as amended, to permit an interior parking space within the existing garage to have a minimum length of 4.1 metres, when the By- Law requires that the minimum parking space dimensions for single detached dwellings are 3 metres by 6 metres within a garage or carport, be refused. Reasons: This minor variance request is refused, as it is the opinion of the Committee that this variance request does not meet all four tests under Section 45(1) of the Planning Act as outlined in the staff comments document, specifically being that the requested variance does not meet the intent of the Zoning By-Law, and is not minor in nature. 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 12 of Zoning By-law (1995)-14864, as amended, for 35 Meadowview Avenue, to permit a minimum left side yard setback of 0.3 metres for the existing exterior stairs, when the By-Law requires a minimum side yard setback of 0.6 metres for exterior stairs, be approved, subject to the following condition: 1. That the left-side yard setback of 0.3 metres apply only to the existing exterior staircase, in general accordance with the sketch shown on the Notice of Public Hearing. 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 4.23.1 of Zoning By-law (1995)-14864, as amended, for 170 Dawson Road, to permit the proposed accessory uses to the trucking operation (office and service area) to accommodate a maximum of 33.18 percent of the gross floor area of the proposed building, when the By-Law requires that an accessory use not occupy more than 25 percent of the gross floor area of the building or structure on the property be approved, subject to the following condition: 1. That prior to issuance of a building permit, the applicant makes arrangement for provision of underground hydro servicing to the parcel, satisfactory to the ICI and Layouts Department of Alectra Utilities. The servicing costs would be at the applicant’s expense. 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 5.1.2.1 and Table 5.1.2 Row 7 of Zoning By-law (1995)-14864, as amended, for 58 Dufferin Street, to permit a minimum left side yard setback of 1.63 metres for the proposed addition to the existing detached dwelling, when the By-Law requires that where a garage, carport or parking space is not located a minimum distance of 6 metres from the street line and to the rear of the front wall of the main building, one side yard shall have a minimum dimension of 3 metres, be approved, subject to the following condition: 1. That the left-side yard setback of 1.63 metres apply only to the proposed second storey addition to the existing single detached dwelling, in general accordance with the sketch shown on the Notice of Public Hearing. 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 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Part of Lot 10, Range 1, Division F, currently known as 40 Spring Street, a parcel with an area of 140 square metres, as a lot addition to Part of Lot 10, Concession 1, Division F, currently known as 32 Spring Street, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. date August 29, 2022, project number 31533-22, be approved, subject to the following conditions: 1. That upon the registration of the Certificate of Official and Application to Consolidate, an amending by-law be passed by City Council and registered on title by the City to remove the severed lands from the heritage by-law registered as By-law Number (2004)-17606, at the sole expense of the Owner, at the discretion of the City and to the satisfaction of the City Solicitor. 2. That a Building Permit be applied for and issued for the existing hot tub at 32 Spring Street. 3. That a Building Permit be applied for and issued for the existing additional residential dwelling unit located in the basement and it be registered with the City as per the Additional Residential Dwelling Units Bylaw or it be removed to the satisfaction of the Building Services. 4. 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.

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 6 and 7, Registered Plan 156, currently known as 9 King Edward Place, a parcel of land with frontage on King Edward Place, and an area of 12 square metres, as a lot addition to Part of Lots 7 and 8, Registered Plan 156, as in R0745570, currently known as 188 Dublin Street North, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated August 22, 2022, project number 29365-21, be approved subject to the following conditions: 1. That Minor Variance application A-46/22 is approved at the same time as the consent application and becomes final and binding. 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

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 3 of Zoning By-law (1995)-14864, as amended, for 9 King Edward Place, to permit a minimum lot area of 420 square metres for the proposed retained parcel, when the By-Law requires a minimum lot area of 460 square metres, be approved subject to the following condition: 1. That consent application B-18/22 receives final certification of the Secretary-Treasurer and be registered on title. 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 7.3.4.5.1 of Zoning By-law (1995)-14864, as amended, for 23 Garibaldi Street, to permit a personal services establishment as an additional permitted use at 23 Garibaldi Street, unit F, when the By-Law permits a variety of uses in the B.4-5 Zone but does not permit a personal services establishment, 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.