BYLAW - amend 2213 78 (West Hill) - 19941026 - 358094DDB# llOj I FOLIO# I !10
ORDER ISSUE DATE
JUN 2 2 1995
COUNSEL:
Lisa Corne
R 940103
R 950063
Ontario Municipal Board T 0 W N 0 F /~ U Fl 0 f{ ;,
Commission des affaires municipales de !'Ontario R E C [ j \j E IJ
McAlpine Ford Lincoln Mercury Sales Ltd. has
appealed to the Ontario Municipal Board under '95 JUN 26 A10 :18
subsection 34(19) of the Planning Act, R.S.O.
199 , against Zoning By-laws. 3499-93 CLERK'S UEP Ak i Ml:N T
3580-94 of the Town of Aurora O.M.B. Files
R940 3 and R950063
for McAlpine Ford Lincoln Mercury Sales Ltd.
Warren S. Rapoport for West Hill Redevelopment Company Ltd and
Revlis Securities Ltd.
DISPOSITION delivered by T. YAO on May 31, 1995
AND ORDER OF THE BOARD
The parties having settled by McAlpine withdrawing its appeal, the Board orders
that the appeals are dismissed.
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T. YAO
MEMBER
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(West Hill)
THE CORPORATION OF THE TOWN OF AURORA
BY-LAW NUMBER 3580-94.D
BEING A BY-LAW to amend By-law
No. 2213-78.
WHEREAS it is deemed advisable to amend By-law number 2213-78.
NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts as
follows: ·
1. That the zoning category applying to the lands shown in shading on Schedule 'A'
attached hereto and forming part of this By-law, being Blocks E and F Plan M-
57, is hereby amended from "Holding (H) Zone" to "Detached Dwelling Second
Density Residential Holding (H)R2-59 Exception Zone" and "Semi-Detached and
Duplex Dwelling Third Density Residential Holding (H)R3-11 Exception Zone".
2. That Section 12 is hereby amended by adding the following as subsection 12.13
"Semi-Detached And Duplex Dwelling Third Density Residential Holding (H)R3-
11 Exception Zone":
12.13.1 Uses Permitted
- a maximum of 6 semi-detached units
-private home daycare
12.13.2 Zone ReqJiirements
12.13.2.1 Lot Specifications
Lot Area Per Unit (minimum) 220.0 square metres
Lot Frontage Per Unit (minimum) 7.0 metres
12.13.2.2 Siting Specifications
Front Yard (minimum):
Main Building 4.5 metres
Garage 6.0 metres
Rear Yard (minimum) 7.5 metres
Interior Side Yard (minimum) · 1.2 metres
Notwithstanding the above, the minimum required setback from the
common lot line between an attached pair of dwelling units shall
be nil for the main building and garage.
Notwithstanding the above, the minimum required rear yard
setback for the three units located farthest from Y onge Street shall
be 6.2, 6.0 and 3.0 metres moving from the closest to the farthest.
Notwithstanding the above, the minimum required setback from
lands shown zoned "Major Open Space (0) Zone" on Schedule A
shall be 1. 5 metres.
12.13.2.3 Building Specifications
In accordance with Section 12.2.3 with the exception that the
maximum permitted coverage shall be 40 percent.
7.
12.13.2.4
12.13.2.5
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Accessory Buildings and Structures
Notwithstanding the provisions of Sections 6.2.2, 6.2.5 and 6.38,
accessory structures, satellite dishes and swimming pools shall be
setback a minimum of 2. 5 metres from the rear lot line. All other
provisions of Sections 6.2 and 6.38 shall apply.
Holding Prefix
Notwithstanding the provisions of Section 12.13 above, while the
"(H)" Holding prefix is in place, no person shall within the lands
zoned (H)R3-11 on Schedule "A" attached hereto, use any lot or
erect, alter or use any buildings or structures for any purposes
except those uses which existed on the date of passing of this by-
law. Furthermore, no extension or enlargement of the uses which
existed on the date of passing of this by-law shall occur, unless an
amendment to this by-law is approved by the Council of the
Corporation of the Town of Aurora and comes into full force and
effect.
Removal of Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding
prefix from the lands zoned (H)R3-11 or any part thereof, the
Town of Aurora shall be satisfied that an agreement concerning the
grading and/or servicing of the lands has been executed between
the owner of the lands and the Corporation of the Town of Aurora,
that adjacent lands will be used for non-industrial purposes, and
that the Ministry of the Environment has cleared the conditions of
the Subdivision Agreement.
Upon removal of the "(H)" Holding prefix from the lands zoned
(H)R3-ll pursuant to Section 36 of the Planning Act, RSO 1990,
or a successor thereto, the provisions applicable to the said lands
shall be as set out in Section 12.13.
3. That Section 11 is hereby amended by adding the following as subsection 11.61
Detached Dwelling Second Density Residential Holding (H)R2-59 Exception
Zone":
11.61
11.61.1
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Notwithstanding the provisions of Sections 11.2.2 and 11.2.3, for
the lands shown zoned R2-59 on Schedule "A", the minimum
required front and exterior side yard setbacks shall be 4.5 metres
for the main building and 6 metres for the garage, the minimum
required interior side yard setback shall be 1.2 metres and the
maximum permitted coverage shall be 40 percent. All other
provisions of Sections 11.1 and 11.2 shall apply.
Holding Prefix
Notwithstanding the provisions of Section 11.61 above, while the
"(H)" Holding prefix is in place, no person shall within the lands
zoned (H)R2-59 on Schedule "A" attached hereto, use any lot or
erect, alter or use any buildings or structures for any purposes
except those uses which existed on the date of passing of this by-
law. Furthermore, no extension or enlargement of the uses which
existed on the date of passing of this by-law shall occur, unless an
amendment to this by-law is approved by the Council of the
Corporation of the Town of Aurora and comes into full force and
effect.
-3-
Removal of Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding
prefix from the lands zoned (H)R2-59 or any part thereof, the
Town of Aurora shall be satisfied that an agreement concerning the
grading and/or servicing of the lands has been executed between
the owner of the lands and the Corporation of the Town of Aurora,
that adjacent lands will be used for non-industrial purposes, and
that the Ministry of the Environment has cleared the conditions of
the Subdivision Agreement.
Upon removal of the "(H)" Holding prefix from the lands zoned
(H)R2-59 pursuant to Section 36 of the Planning Act, RSO 1990,
or a successor thereto, the provisions applicable to the said lands
shall be as set out in Section 11. 61.
4. No part of this By-law will come into force until the provisions of the Planning
Act have been complied with, but subject to such provisions the By-law will take
effect from the day of passing thereof.
READ A FIRST AND SECOND TIME THIS 28TH DAY OF SEPTEMBER, 1994.
READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF OCTOBER,
1994.
L. ALLISON, CLERK
7.
OF AURORA
REGIONAL MUNICIPALITY OF YORK
BLOCKS E AND F
REGISTERED PLAN M-57
THIS IS SCHEDULE "A"
TO BY-LAW NO. 3~}lo-cpfl>
MAYO
D SUBJECT LANDS REZONED FROM H TO (H)R2-59 AND (H)R3-11
SCHEDULE "A" TO BY-LAW NO. 3s-Su.;t'-f-P
7.
/
Explanatory Note
Re: Zoning By-law 3580-94.D
By-law 3580-94.D has the following purpose and effect:
To amend By-law 2213-78, the Zoning By-law in effect in the Town of Aurora to re-zone
Block E Registered Plan M-57 from "Holding (H) Zone" to "Detached Dwelling Second
Density Residential Holding (H)R2-59 Exception Zone" to permit one detached residence
and Block F Registered Plan M-57 from "Holding (H) Zone" to "Semi-Detached and
Duplex Dwelling Third Density Residential Holding (H)R3-11 Exception Zone" to permit
six semi-detached residences subject to the specific siting and building specifications set
out in the by-law. The Holding (H) prefix applied to the (H)R2-59 and (H)R3-11 zones
must be removed prior to development of the lands requiring further public notice but not
a public meeting nor further opportunity for third party anpeal. Conditions for removal
of the Holding prefix require that an agreement concerning the grading and/or servicing
of the lands has been executed between the owner of the lands and the Town of Aurora,
that adjacent lands will be used for non-industrial purposes, and that the Ministry of the
Environment has cleared the conditions of the Subdivision Agreement.
7.
APPROXI~TELOCAnoNOF
SUBJECT LANDS
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