Committee of Adjustment

That minor variance application A-18/23 for 12 Terry Boulevard, be

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, Table 5.1.2 Row 6a, Section 5.1.2.7 i), Table 5.1.2 Row 8, Table 5.1.2 Row 12, Section 4.6.1, and Table 4.7 Row 3 of Zoning By-law (1995)-14864, as amended, for 21 Dublin Street South, to permit: a. a minimum front yard setback of 1.2 metres for the proposed detached dwelling, when the By-law requires that the minimum front yard setback for a dwelling located in Defined Area Map Number 66 of the By-law shall be 6 metres or the average of the setbacks of the adjacent properties [being 1.5 metres]; b. a minimum exterior side yard setback of 0.3 metres for the proposed detached dwelling, when the By-law requires that the minimum exterior side yard setback for a dwelling located in Defined Area Map Number 66 of the By-law shall be 6 metres or the average of the setbacks of the adjacent properties [being 0.52 metres]; c. a minimum rear yard setback of 2.45 metres for the proposed detached dwelling, when the By-law requires that the minimum rear yard setback be 7.5 metres or 20% of the lot depth [being 2.76 metres], whichever is less, for a dwelling located in the R.1B Zone; d. a minimum of 0 metres between the driveway and right side lot line, when the By-law requires a minimum of 0.5 metres between the driveway and nearest lot line, and that this space be maintained as landscaped space in the form of grass, flowers, tr

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 77 Foster Avenue, to permit a minimum left side yard setback of 0.56 metres for the existing dwelling and the proposed third-storey addition, when the By-law requires a minimum side yard setback of 1.5 metres for a dwelling over two-storeys located within Defined Area Map Number 66 of the By-Law, 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, variances from the requirements of Section 4.16.2 and Section 3.1 of Zoning By-law (1995)-14864, as amended, to permit: a. the angular plane from the street to be a maximum of 59 degrees for the proposed building “D” as shown on the site sketch, with the angular plane being measured from the centreline of Whitelaw Road at the average grade on Whitelaw Road across from the frontage of the building, when the By-law requires an angular plane from a street to be a maximum of 45 degrees; and b. that the definition of “finished grade” be considered as the finished grade at the front entrance to the proposed building facing Whitelaw Road, when the By-law defines “finished grade” as the average elevation of the finished surface of the ground, excluding any artificial embankment, immediately adjoining the base of the exterior walls or supports of a building or structure, be refused. Reasons: 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 as outlined in the staff comments document, specifically being that the requested variances do not meet the general intent and purpose of the Official Plan. 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

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 6.5.2 Row 4, Table 4.7, Row 12 and Section 4.6.1 i) of Zoning By-law (1995)-14864, as amended, for 423 Woolwich Street, to permit: a. a minimum front yard setback of 0.4 metres for the existing building and the proposed third-storey addition, when the By- law requires that the minimum front yard setback be 3.0 metres; b. a minimum exterior side yard setback of 2.3 metres for the existing building and the proposed third-storey addition, when the By-law requires that the minimum exterior side yard setback be 3.0 metres; c. a maximum exterior side yard projection of 2.4 metres and a minimum exterior side yard setback of 0.6 metres for the existing exterior stairs along Woolwich Street, when the By-law requires that the maximum projection for exterior stairs into the exterior side yard is 1.5 metres, and the minimum setback for exterior stairs located in the front and exterior side yards be 0.8 metres; and d. a portion of the existing building and proposed third-storey addition to be located within the sight line triangle for the subject property, when the By-law does not permit a building or structure to be located within the sight line triangle on a corner lot, 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 Ac

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 6.4.3.2.3.1 of Zoning By-law (1995)-14864, as amended, for 51 Woodlawn Road West, to permit an animal care establishment as an additional permitted use on the subject property, when the By-law allows a variety of uses in the SC.2-3 Zone, but does not permit an animal care establishment, 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 5.1.2 Row 8 of Zoning By-law (1995)-14864, as amended, for 88 McCann Street to permit a minimum rear yard setback of 5.95 metres for the proposed addition to the rear of the existing dwelling, when the By-law requires that the minimum rear yard setback be 7.5 metres or 20% of the lot depth [being 7.2 metres], whichever is less, for a dwelling located in the R.1B Zone, be approved, subject to the following conditions: 1. That the rear yard variance shall be in general accordance with the Public Notice sketch. 2. That prior to the issuance of a Building Permit, the Owner(s) shall have a Professional Engineer or Ontario Land Surveyor design a grading and drainage plan for the site, to the satisfaction of the General Manager/City Engineer. Grading must demonstrate that existing drainage patterns are maintained and the adjacent property will not be impacted by the addition or any associated works. 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 t

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 139 Victoria Road South, to permit a minimum right side yard setback of 0.22 metres for the addition at the rear of the existing dwelling, when the By-law requires that the minimum side yard setback for a dwelling in the R.1C Zone be 1.2 metres, be approved, subject to the following conditions: 1. That the variance only apply to the right side yard setback in general accordance with the Public Notice sketch. 2. That the addition be limited to one storey in height. 3. That an Encroachment Agreement be registered on title of the neighbouring property (137 Victoria Rd S) for the portions of the building and eves that cross the property line, and it is to be submitted prior to the issuance of the building permit to the satisfaction of the Chief Building Official. 4. That an Access and Maintenance Agreement be registered on title of the neighbouring property (137 Victoria Rd S) that shall contain provisions to permit access for the owner of 139 Victoria Rd S onto 137 Victoria Rd S to allow for maintenance and construction of the right side of the dwelling, and it is to be submitted prior to the issuance of the building permit to the satisfaction of the Chief Building Official. Reason: This application is approved, as it is the opinion of the Committee that, with the above n

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, Section 4.5.1.1 and Section 4.5.2.2 of Zoning By-law (1995)-14864, as amended, for 390 York Road, to permit: a. an accessory structure (proposed gas canopy) be located in the front yard of the subject property, when the By-law requires that an accessory building or structure may occupy a yard other than a front yard or required exterior side yard; b. an accessory structure (proposed gas canopy) to occupy 45.1% of the front yard, when the By-law requires that an accessory building or structure may not occupy more than 30% of a yard, other than a front or required exterior side yard; and c. a maximum height of 5.9 metres for the proposed gas canopy, when the By-law requires that an accessory building or structure may not exceed 4.5 metres in height in the Commercial Residential Zone, be approved, subject to the following condition: 1. That prior to issuance of a building permit, the applicant make arrangements with the ICI and Layouts Department of Alectra Utilities for the possible relocation of the existing overhead hydro service and confirmation of appropriate clearances from the existing pole line infrastructure. This would be at the applicant’s expense. 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 u

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 Lot 8, Registered Plan 432, currently known as 8 Lynwood Avenue, a parcel with a frontage on Lynwood Avenue of 15.5 metres, and an area of 469 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc., dated March 16, 2023, project number 30343-21, be approved, subject to the following conditions: 1. That the right side yard setback for the proposed severed parcel be a minimum of 2 metres; 2. That prior to the issuance of the Certificate of Official, the attached garage shall be demolished to the satisfaction of the Chief Building Official. 3. That prior to the issuance of a building permit, the applicant shall prepare and submit a Tree Inventory and Preservation Plan (TIPP) for any City-owned trees along Lynwood Avenue that may be impacted by the proposed development to the satisfaction of the General Manager of Parks. If any trees are to be removed 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. 4. That prior to the issuance of the Certificate of Official, the Owner(s) shall extend the existing sanitary sewer. All costs associated with the design and construction shall b

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 8 Lynwood Avenue, to permit a minimum rear yard setback of 2 metres for the existing dwelling on the retained parcel, when the By-law requires that the minimum rear yard setback be 7.5 metres or 20% of the lot depth [being 6.7 metres], whichever is less, for a dwelling located in the R.1B Zone, be approved, subject to the following condition: 1. That consent application B-5/23 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. 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(2)(a)(i) of the Planning Act, R.S.O. 1990, c.P13, as amended, permission to enlarge/extend the legal non- conforming use at 192 Arthur Street North, to permit the construction of a two- storey addition onto the right side of the existing semi-detached dwelling unit, be approved with the following conditions: 1. That the addition and new deck shall be located in general accordance with the Public Notice sketch. 2. That prior to issuance of a building permit, the applicant make arrangements with the ICI & Layouts Department of Alectra Utilities for the possible relocation of the existing combined overhead hydro service to both 190 and 192 Arthur Street North. 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 conditions of approval, this application meets the criteria under Section 45(2) 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, variances from the requirements of Table 5.1.2 Row 7, Table 5.1.2 Row 8, Section 4.13.2.1 and Section 4.13.4.3 of Zoning By-law (1995)- 14864, as amended, for 85 Cork Street West, to permit: a. a minimum right side yard setback of 1.22 metres for the proposed addition and existing dwelling, when the By-law requires a minimum side yard setback of 1.5 metres for a property located in the R.1B Zone; b. a minimum rear yard setback of 5.75 metres for the proposed addition and existing dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres or 20% of the lot depth [6.8 metres], whichever is less, for properties located in the R.1B Zone; c. the required off-street parking space to be located a minimum of 5.5 metres from the street line and only partially to the rear of the front wall of the main dwelling, when the By-law requires a required parking space to be located a minimum distance of 6 metres from the street line and to the rear of the front wall of the main building for a property in a R.1B Zone; and d. a minimum of 2 off-street parking spaces for the 3 unit dwelling, when the By-law requires a minimum of one off-street parking space per unit [total of 3 parking spaces required], be approved, subject to the following conditions: 1. That the variances shall only apply to the addition and parking spaces as shown on the public notice sketch. 2. That

1. That the appointment of any previous Deputy Secretary- Treasurer appointments are hereby rescinded. 2. That Andrew Sandor be appointed as Deputy Secretary- Treasurer pursuant to Section 44(8) of the Planning Act, R.S.O. 1990, c. P.13., until such time as a successor is appointed.

That this hearing of the Committee of Adjustment be adjourned. (6:49 p.m.)