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Committee of Adjustment
December 14, 2023
What was decided (10 motions)
9 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
That the minutes from the November 9, 2023 Regular Hearing of the Committee of Adjustment, be approved as circulated.
Moved by J. Goodfellow, seconded by G. Sayer
Carried
That minor variance application A-86/22 for 35 Hillcrest Drive, be
Moved by J. Goodfellow, seconded by R. Speers
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 4.7.2 of Zoning By-law (2023)-20790, as amended, for 1-3 Quebec Street, to permit a minimum setback from the interior side and rear lot lines of 0.15 metres for the proposed second floor balcony, when the By-law requires a minimum setback from a lot line of 2 metres for balconies above the main floor/entry level, 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 R. Speers, seconded by J. Goodfellow
Carried
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 from the requirements of Table 7.8 of Zoning By-law (2023)-20790, as amended, for 145 Speedvale Avenue West, to permit a minimum building height of 5.2 metres for the proposed new building containing a convenience store and automatic car wash, when the By-law requires a minimum building height of 7.5 metres for a building located within 15 metres of an existing and proposed arterial and/or collector road, as identified in the City’s Official Plan, be approved, subject to the following condition: 1. That the reduced minimum height of 5.2 metres apply only to the structures shown on the public notice sketch. 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 public hearing, held under the Committee of Adjustment Minutes: December 14, 2023 - 4 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 R. Pyke
Carried
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 7.3 Row 3 of Zoning By-law (1995)-14864, as amended, for 101 Beverley Street, to permit a minimum exterior side yard setback of 3 metres (facing Smith Avenue) for the proposed addition, when the By-law requires a minimum exterior side yard setback of 6 metres, and variances from the requirements of Tables 10.3 and 10.1 of Zoning By-law (2023)-20790, as amended, for 101 Beverley Street, to permit: a. to permit a minimum exterior side yard setback of 3 metres (facing Smith Avenue) for the proposed addition to the existing building, when the By-law requires requires a minimum exterior side yard setback of 6 metres; and b. to permit commercial entertainment as an additional permitted use on the subject property, when the By-law permits a variety Committee of Adjustment Minutes: December 14, 2023 - 5 of uses in the MB Zone, but does not permit a commercial entertainment use, be approved, subject to the following condition: 1. That a Tree Inventory and Preservation Plan, undertaken by a qualified arborist, in accordance with the requirements of the City’s Tree Technical Manual will be required prior to any works on site or development approvals (ie. Site Plan) to the satisfaction of the General Manager of Planning/Building Services. Reason: This application is approved, as it is the opinion of the Committee that, with the above note
Moved by R. Speers, seconded by G. Sayer
Carried
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 108 Ferguson Street, to permit a minimum interior side yard setback of 0.66 metres for the proposed residential addition and attached additional residential dwelling unit (ARDU), when the By-law requires a minimum side yard setback of 1.5 metres for single detached dwellings in the R.1B Zone be approved, subject to the following condition: 1. That the addition be constructed in general accordance with the public notice sketch. 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 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 G. Sayer, seconded by R. Pyke
Carried
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 8 of Zoning By-law (1995)-14864, as amended, for 48 Edinburgh Road South, to permit a minimum rear yard setback of 1.277 metres for the proposed second storey addition to the existing dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres or 20 percent of the lot depth [being 5.377 metres], whichever is less, and a variance from the requirements of Table 6.3 of Zoning By- law (2023)-20790, as amended, for 48 Edinburgh Road South, to permit a minimum rear yard setback of 1.277 metres for the proposed second storey addition to the existing dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres or 20 percent of the lot depth [being 5.377 metres], whichever is less, be approved, subject to the following conditions: 1. That the addition be constructed in general accordance with the sketch included in the public notice. 2. That no windows be permitted on the wall of the second storey addition which faces the technical rear yard. Committee of Adjustment Minutes: December 14, 2023 - 8 3. That a Tree Inventory and Preservation Plan, undertaken by a qualified arborist, in accordance with the requirements of the City’s Tree Technical Manual will be required prior to any works on the site or development approvals to the satisfaction of the General Manager of Planning/Building Services.
Moved by R. Pyke, seconded by Chair J. Smith
Carried
Committee of Adjustment Minutes: December 14, 2023 - 9 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 4.7 Row 1 of Zoning By-law (1995)-14864, as amended, for 110 Beechwood Avenue, to permit: a. the proposed uncovered porch not more than 1.2 metres above finished grade to have a maximum projection of 6 metres into the required front yard, when the By-law requires that an uncovered porch not more than 1.2 metres above finished grade have a maximum projection into the required front yard of 3 metres; and b. the stairs associated with an uncovered porch to have a minimum setback of 0 metres from the front lot line, when the By-law requires that stairs associated with an uncovered porch have a minimum setback of 0.8 metres from the front lot line, and variances from the requirements of Table 4.7.6A of Zoning By-law (2023)- 20790, as amended, for 110 Beechwood Avenue, to permit: a. the proposed uncovered porch not more than 1.2 metres above finished grade to have a maximum projection of 6 metres into the required front yard, when the By-law requires that an uncovered porch not more than 1.2 metres above finished grade have a maximum projection into the required front yard of 3 metres; and b. the stairs associated with an uncovered porch to have a minimum setback of 0 metres from the front lot line, when the By-law requires that stairs associated with an uncovered porch have a mi
Moved by J. Goodfellow, seconded by R. Pyke
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 5(2) of Township of Puslinch Zoning By-law Number 19/85, as amended, for 16 Glenholm Drive, to permit permit an additional residential dwelling unit (ARDU) to be located in the Agriculture (A) Zone, when the By-law permits a variety of uses in the Agriculture (A) Zone, but does not permit an accessory building or structure for the purposes of residential habitation, be approved. 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 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 R. Speers, seconded by G. Sayer
Carried
That this hearing of the Committee of Adjustment be adjourned. (5:35 p.m.)