Loading...
MINUTES - Committee of Adjustment - 20200312Public Release March 25, 2020 Town of Aurora Committee of Adjustment Meeting Agenda March 12, 2020 7 p.m., Council Chambers, Town Hall 1. Confirmation of Secretary-Treasurer Recommended: THAT Brashanthe Manoharan be confirmed as the appointed Secretary Treasurer. Moved by Clarence Lui Seconded by Steven D’Angeli Carried 2. Approval of the Agenda Recommended: That the Agenda as circulated by the Secretary-Treasurer be approved. Moved by Michele Boyer Seconded by Steven D’Angeli Carried 3. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. Committee of Adjustment Meeting No. 20-02 Thursday, March 12, 2020 Page 2 of 9 4. Adoption of the Minutes Committee of Adjustment Minutes of February 6, 2020 Meeting Number 20-01 Recommended: That the Committee of Adjustment Minutes from Meeting Number 20-01 be adopted as printed and circulated. Moved by Steven D’Angeli Seconded by Clarence Lui Carried 5. Presentation of Applications 1. C-2020-01 – 1623 Wellington Street Developments Ltd. – 1623 Wellington Street East Proposal is to facilitate the the creation of 2 new lots fronting Wellington Street East. The applicant is requesting provisional consent to: • Sever and convey a parcel of land (Part 5) with an approximate area of 8.2 acres (33,317 m2) and lot frontage of 216.68m (710.9ft); and, • Retain two parcels of land; one with an approximate lot area of 14.1 acres (57,039m2) and lot frontage of 294.19 (965.2ft2)(Parts 2, 3, 4); and one with an approximate lot area of 12 acres (48,587m2) and lot frontage of 175.38m (575.4ft)(Part 1). The Planning Department is currently reviewing a Zoning By-law Amendment application for the subject property. It is staff’s recommendation, that if conditional approval is granted, the owner will be required to enter into a Site Plan/ Development Agreement with the Town to secure the extension of Goulding Avenue. The retained parcel (Part 1) does not have direct access to the future extension of Goulding Avenue, however, approval of the subject application is conditional on the owner applying to Committee of Adjustment to secure an access easement in favour of Part 1. Committee of Adjustment Meeting No. 20-02 Thursday, March 12, 2020 Page 3 of 9 The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant, Nikolas Papapetrou from Smart Centres on behalf of the owner 1623 Wellington Street Developments Ltd. Nikolas brought forward a presentation that outlined the current proposal. He stated that after reviewing the staff report, he asked to make a minor change for the consideration of the Committee, to ensure that all 3 parcels have access to Goulding Avenue. The proposed minor change is to reduce the severed parcel (part 5, 7, and 8) in area from 8.2 acres to 7.83 acres. He further stated that the reduction in area is to allow for a 13m drive aisle access point from Goulding Avenue to the second retained parcel (Part 1). The Chair invited members of the public to provide comments. There were no comments or questions from public. The Chair asked staff if they had seen the amendment that was brought forward at the meeting. Staff confirmed that the requested amendment was for access to Goulding Avenue through Part 6. The Chair asked Nikolas if Part 7 was intended to be a public right of way. Nikolas stated that it could be in the future, at which point they would come back to the Committee for an easement. The Chair also requested confirmation from Nikolas that appropriate traffic studies have been done to provide access to Wellington Street for the duration of the development. Nikolas answered that the traffic studies have taken all development proposed on the West and East blocks into account. Moved by Steven D’Angeli Seconded by Michele Boyer 1. That the Consent Application C-2020-01 be APPROVED, as amended, subject to the conditions in Appendix “A” of the staff report. Carried 2. MV-2020-02 – 27 Chiswick Crescent – Kudlak The owner/applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to permit a sunroom addition at the rear of an existing detached dwelling. Section 24.31.1.3 permits a Committee of Adjustment Meeting No. 20-02 Thursday, March 12, 2020 Page 4 of 9 maximum lot coverage of 35.0%. The applicant is proposing a lot coverage of 37.5%. The Chair invited the Applicant or Agent to address the Committee. In attendance was the agent on behalf of Lifestyle Sunrooms Inc. The Chair invited members of the public to provide comments. In attendance was Chris Comission, who presented his letter of March 9, 2020 that was circulated to the Committee prior to the meeting. He presented his concerns of blockage of natural light, drainage, and property value and aesthetics. The Chair invited the agent to address any of the comments made by Chris. The agent stated that he would have to confirm with the Engineering Services about the drainage concerns. The Chair had asked staff to confirm whether the height of the sunroom was an issue. Staff confirmed that it was not an issue. Through the Chair, Staff informed the Committee that staff had received a last minute clarification from the Operations Division. The Operations Division had advised that they received clarification on the method of construction, as there will be no excavation to install the proposed structure, they are no longer concerned about the impact to the tree roots located at the property boundary. Therefore, the initial comments related to the tree matters are no longer applicable. Committee clarified that they would like to keep the Operations Divisions conditions as is. Moved by Michele Boyer Seconded by Clarence Lui 1. That the Minor Variance Application MV-2020-02 be APPROVED, subject to conditions as outlined in Appendix “A” of the staff report. Carried 2. MV-2020-03 – 71 Child Drive – Summit Homes Holdings The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to permit the construction of a two storey single detached dwelling. The following relief is being requested: Committee of Adjustment Meeting No. 20-02 Thursday, March 12, 2020 Page 5 of 9 • Section 24.497.3.3 specifies a maximum Gross Floor Area (GFA) of 370 square meters. The applicant is proposing a Gross Floor Area of 432 square meters. The Chair invited the Applicant or Agent to address the Committee. In attendance was the Applicant, A. Behesht and Hamid Behesht. He stated that the gross floor area is now proposed to be reduced from 432 sq.m to 400 sq.m. The Chair asked staff if they had seen the presentation, to which staff advised they had not, along with the committee members and public. The Chair had suggested that the Applicant can proceed with the presentation or request a deferral. Hamid requested an opinion on the proposed reduction from staff, to which staff advised that they were unable to comment without being given the opportunity to circulate and review the plans. Committee members reiterated that it is the role of the Committee to consider all applications fairly and that the presentation would be a disadvantage to Committee and staff as they were not given enough time to review the new proposal. A. Behesht stated that the property is also subject to the Stable Neighbourhoods site plan approval, and that the deferral of the minor application would further delay the project. The Chair asked staff if this application can be scheduled for the next Committee meeting. Staff advised that it would be possible if the applicant can submit a full set of drawings within the next day. The applicant requested a deferral. Moved by Clarence Lui Seconded by Steven D’Angeli 1. That the Minor Variance Application MV-2020-03 be DEFERRED. Carried 2. MV-2020-04 – 94 Connaught Avenue – Hall The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to permit the construction of a two storey single detached dwelling. The following relief is being requested: • Section 24.497.3.2 of the Zoning By-law requires a minimum rear yard setback of 7.5 m. The applicant is proposing a second storey addition, which is 1.19 metres to the rear property line. Committee of Adjustment Meeting No. 20-02 Thursday, March 12, 2020 Page 6 of 9 • Section 4.20 of the Zoning By-law states that eaves may project 0.7 metres into any required yard. The applicant is proposing a second storey addition with eaves projecting 6.62 metres into the required yard. • Section 4.20 of the Zoning By-law states open porches may encroach 2.5 metres into the front yard and in no cases shall be closer than 4.5 metres. The applicant is proposing a porch, which is 4.3 metres to the front property line. • Section 4.20 of the Zoning By-law states steps may encroach 2.0 metres into all yards and in no case be closer than 4.5 metres. The applicant is proposing porch steps, which is 3.2 metres to the front property line. • Section 4.20 of the Zoning By-law states that decks may encroach 3.7 metres into the rear yard and in no case shall be closer than 3.8 metres. The applicant has constructed a deck, which is 0.0 metres to the rear property line. The Chair invited the Applicant or Agent to address the Committee. In attendance was the owner, Trevor and Krista Hall. Trevor stated that the requested variances are in existence, and that the proposal will be aligned with the existing character of the community and the Stable Neighbourhoods Design Guidelines. Krista stated that a second-storey addition will provide more space. The Chair invited members of the public to provide comments. In attendance was Linda Stevens, who voiced her support for the application. Dave Pressely and Matthew Kinsella was also in attendance, who voiced their support as well. Moved by Steven D’Angeli Seconded by Clarence Lui 1. That the Minor Variance Application MV-2020-04 be APPROVED, subject to conditions as outlined in Appendix “A” of the staff report. Carried 2. MV-2020-05 – 126 Wells Street – Ilenane The owner/applicant is requesting relief from the requirements of the Town’s Zoning By-law 6000-17, as amended, to permit a side addition to an existing detached dwelling. Committee of Adjustment Meeting No. 20-02 Thursday, March 12, 2020 Page 7 of 9 • Section 24.497.3.2 of the Zoning By-law requires a minimum interior side yard setback of 1.5 metres. The applicant is proposing a side addition with an interior side yard setback of 0.6 m. • Section 4.20 of the Zoning By-law permits a maximum eave encroachment of 0.7 m into any required yards. The applicant is proposing a side addition with eaves projecting 1.2 metre into the required interior side yard. • Section 24.497.3.2 of the Zoning By-law requires a minimum interior side yard setback of 3.0 metres for any portion of a building that extends beyond the main rear wall of the adjacent dwelling. The applicant is proposing a side addition with an interior side yard setback of 0.6 m. • Section 4.20 of the Zoning By-law permits a maximum eave encroachment of 0.7 m into any required yards. The applicant is proposing a side addition with eaves projecting 2.7 metre into the required interior side yard. The Chair invited the Applicant or Agent to address the Committee. In attendance was the agent, Matthew Kinsella. He stated that the purpose of the variance was to accommodate a single car garage with a loft space above it. He further explained that the proposal will be consistent with the roofline of the neighbourhood. The Chair invited members of the public to provide comments. In attendance was Linda Stevens, who voiced her support for the application. The Chair asked staff if the applicant was sent the letters of opposition, staff confirmed. Moved by Michele Boyer Seconded by Clarence Lui 1. That the Minor Variance Application MV-2020-05 be APPROVED, subject to conditions as outlined in Appendix “A” of the staff report. Carried q. MV-2020-06 – 68 Cousins Drive – Stewart Committee of Adjustment Meeting No. 20-02 Thursday, March 12, 2020 Page 8 of 9 The applicant is proposing a one-storey addition to the existing two-storey dwelling at 68 Cousins Drive. The following relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, is requested: • Section 24.497.3.2 of the Zoning By-law requires a minimum interior side yard setback of 3.0m beyond the main rear wall of the adjacent dwelling. The applicant is proposing an addition with an interior side yard setback of 1.76m; and, • Section 4.20 of the Zoning By-law states that eaves may project 0.7m into any required yard. The applicant is proposing an addition with eaves projecting 1.70m into the required interior side yard. The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant, Kyle Khadra. He stated that the purpose of the variance is to provide more space for outdoor living, kitchen, and great room space. He acknowledged and accepted the conditions from the Operations Department, along with the other conditions in the staff report. The Chair invited members of the public to provide comments. There were no comments or questions from public. Through the Chair, Steven D’Angeli asked staff if the interior side yard setback of the existing garage was non-conforming. Staff confirmed that it was. Moved by Clarence Lui Seconded by Michele Boyer 1. That the Minor Variance Application MV-2020-06 be APPROVED, subject to conditions as outlined in Appendix “A” of the staff report. Carried 6. New Business Committee of Adjustment Meeting No. 20-02 Thursday, March 12, 2020 Page 9 of 9 7. Adjournment Moved by Steven D’Angeli Seconded by Clarence Lui That the meeting be adjourned at 8:35 PM. CARRIED Confirmed in open session this 12th day of March, 2020.