BYLAW - LPAT ZBA 497 Wellington Street W 2419059 Ontario Inc. - 20210622 - 635921The Corporation of the Town of Aurora
By-law Number 6359-21
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as 497 Wellington Street West
(2419059 Ontario Inc).
Whereas under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the
“Planning Act”), zoning by-laws may be passed by the councils of local municipalities to
prohibit and regulate the use of land, buildings and structures;
And whereas on October 14, 2015, the Town received an appeal, pursuant to section
34(11) of the Planning Act, for the refusal of a zoning by-law amendment application
respecting 497 Wellington Street West (the “Lands”) to amend the zoning by-law in effect
at the time, being By-law Number 2213-78, as amended (the “Former Zoning By-law”),
which appeal to the Ontario Municipal Board (the “OMB”) was assigned OMB File No.
PL151051;
And whereas on August 10, 2016, the OMB issued a Memorandum of Oral Decision and
Interim Order, under OMB Case No. PL151051, allowing the appeal in part and generally
approving an amendment to the Former Zoning By-law respecting the Lands, subject to a
final draft being submitted to the OMB;
And whereas on June 27, 2017, before said appeal could be finally disposed of, the
Council of The Corporation of the Town of Aurora (the “Town”) enacted By-law Number
6000-17 (the “Zoning By-law”), which Zoning By-law repealed and replaced the Former
Zoning By-law and which Zoning By-law was also appealed to the OMB;
And whereas on January 29, 2018, the OMB made an order, in accordance with
subsection 34(31) of the Planning Act, providing that any part of the Zoning By-law not
in issue in the appeal shall be deemed to have come into force on the day the Zoning
By-law was passed;
And whereas the OMB is continued under the name Local Planning Appeal Tribunal (the
“LPAT”), and any reference to the Ontario Municipal Board or the OMB is deemed to be a
reference to the LPAT;
And whereas on October 24, 2019, the LPAT issued an Order, under OMB Case No.
PL151051 (the “Order”), giving the Town the authority to administer final approval,
pursuant to subsection 12(1) of the Local Planning Appeal Tribunal Act, 2017, S.O. 2017,
c. 23, Sched., as amended;
Now therefore the Zoning By-law is amended by the Local Planning Appeal Tribunal as
follows:
1. The Zoning By-law be and is hereby amended to replace the “Estate Residential
“ER(14)” Exception Zone” zoning category applying to the lands shown in
hatching on Schedule “A” attached hereto and forming part of this By-law with
“Detached Dwelling Fourth Density Residential “R4(508)” Exception Zone” and
“Environmental Protection “EP(509)” Exception Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
“24.508 Detached Dwelling Fourth Density Residential R4(508) Exception Zone
By-law Number 6359-21 Page 2 of 7
24.508.1 Permitted Uses
The following uses are permitted:
• A maximum of 11 detached dwelling units
• Home occupation
24.508.2 Definitions
Notwithstanding the definitions of “Lot”, “Lot Line, Front” and “Street or Road, Public”,
the following definitions shall apply:
Lot:
Shall be deemed to mean the whole of one unit fronting on a private road as shown on
a registered plan of condominium pursuant to the Condominium Act, 1998.
Lot Line, Front:
Shall be deemed to mean the Lot Line abutting a private road as shown on a
registered plan of condominium pursuant to the Condominium Act, 1998.
Street or Road, Public:
Shall also include a private road as established on a registered plan of condominium
pursuant to the Condominium Act, 1998.
24.508.3 Zone Requirements
24.508.3.1 Lot Specifications
Lot Area (minimum) 325 square metres
Lot Frontage (minimum) 10.9 metres
The west lot line of Lots 10 and 11 is deemed to be the Front Lot Line
24.508.3.2 Siting Specifications
As shown on the Site Plan on Schedule “B” attached hereto and forming part of this
By-law, the following shall apply:
By-law Number 6359-21 Page 3 of 7
Minimum Setback from Wellington Street
West
3.0 metres
Minimum Front Yard Setback (Detached
Dwelling portion)
• 4.0 metres, Lots 1 to 9 and 11;
• 3.0 metres, Lot 10
Minimum Front Yard Setback (Attached
Garage portion)
• 6.0 metres, Lots 1 to 3 and 5 to 11;
and
• 5.0 metres, Lot 4
Minimum Rear Yard Setback 7.5 metres
Minimum Setback for Lot 9 from the
Environmental Protection “EP (509)”
Exception Zone
10.5 metres
Minimum Interior Side Yard Setback • 1.2 metres;
• 1.5 metres, west side of Lot 5; and
• 3.0 metres, east side of Lot 9
Minimum Exterior Side Yard Setback for Lot
4 to a private road
1.5 metres
Minimum Setback of Pools and Accessory
Buildings from the Environmental
Protection “EP (509)” Exception Zone
7.5 metres
24.508.3.3 Building Specifications
Lot Coverage (maximum) 40.0 percent
Height (maximum) 10.0 metres
24.508.4 Encroachments
Structure or Feature Applicable Yard Maximum Encroachment
into a Minimum Yard
Open Porches Front or Exterior Side Yard 2.5 metres, and in no case
shall be located closer
than 1.5 metres from the
By-law Number 6359-21 Page 4 of 7
front or exterior lot line
Steps. Landings Front or Exterior Side Yard 3.5 metres, and in no case
shall be located closer
than 0.5 metres from the
front or exterior lot line”
3. The Zoning By-law be and is hereby amended to add the following:
“24.509 Environmental Protection EP(509) Exception Zone
24.509.1 Encroachments
Structure or Feature Maximum Permitted Encroachment into EP (509)
Zone
Balconies, Decks and Patios 3.7 metres”
4. This By-law shall come into full force subject to compliance with the provisions
of the Planning Act, and subject to compliance with such provisions, this By-law
will take effect from the date of final passage hereof.
Pursuant to the Order of the Local Planning Appeal Tribunal issued on the 24th day of
October, 2019 under OMB Case No. PL151051.
By-law Number 6359-21 Page 5 of 7
Explanatory Note
Re: Zoning By-law Number 6359-21
By-law Number 6359-21 has the following purpose and effect:
To amend By-law Number 6000-17, as amended, being the Zoning By-law in effect in the
Town of Aurora, to rezone the subject lands from “Estate Residential “ER(14)” Exception
Zone” to “Detached Dwelling Fourth Density Residential “R4(508)” Exception Zone” and
“Environmental Protection “EP(509)” Exception Zone”.
The rezoning will permit a Site Plan Application with a total of 11 single detached
residential dwellings and conservation uses on the subject lands.
By-law Number 6359-21 Page 6 of 7
Schedule “A”
Location: Part of Lot 1 and Part 40 Acre Reserve, Registered Plan 102, Town
of Aurora, Regional Municipality of York
Lands to be rezoned from “Estate Residential “ER(14)” Exception
Zone” to “Detached Dwelling Fourth Density Residential “R4(508)”
Exception Zone and “Environmental Protection “EP(509)” Exception
Zone”.
By-law Number 6359-21 Page 7 of 7
Schedule “B”
Location: Part of Lot 1 and Part 40 Acre Reserve, Registered Plan 102; Town
of Aurora, Regional Municipality of York