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MINUTES - Committee of Adjustment - 20200910 Town of Aurora Committee of Adjustment Meeting Minutes No. 20-07 September 10, 2020 7 p.m., Electronic Meeting 1. Approval of the Agenda Recommended: That the Agenda as circulated by the Secretary-Treasurer be approved. Moved by Daniel Lajeunesse Carried 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 3. Adoption of the Minutes Committee of Adjustment Minutes of August 6, 2020 Meeting Number 20-06 Recommended: That the Committee of Adjustment Minutes from Meeting Number 20-06 be adopted. Moved by Steven D’Angeli Seconded by Michele Boyer Committee of Adjustment Meeting No. 20-07 Thursday, September 10, 2020 Page 2 of 7 Carried 4. Presentation of Applications 1. C-2020-04 – 1623 Wellington Street Developments Inc. 1623 Wellington Street East The purpose of this application to request a change of conditions for provisional consent which was granted by the Committee, subject to 7 conditions, on March 12, 2020 (C-2020-01). The applicant is seeking that condition #4 be revised as follows: “That the Owner enter into an agreement with the Town, to the satisfaction of the Director of Planning and Development Services for: a. The design and construction of Goulding Avenue, including all applicable costs for all necessary services and utilities to extend existing Goulding Avenue to Wellington Street East; and, b. To construct and dedicate the extension of Goulding Avenue to the Town within 12 months of starting construction, and provide full access to the retained and severed parcels, including any required access easements, to the satisfaction of the Director of Planning and Development Services.” The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant, Nikolas Papapetrou. Through the presentation, he stated that the purpose of the application is to amend a condition from C-2020-01, where they are required to enter into a Site Plan Agreement to construct Goulding Avenue (Part 3), which is currently under review with the Planning Department. He further explained that since then, they had to pause the retail development on the West side of the property. Thus, they are requesting to remove the reference to the Site Plan Agreement, and to revise the completion timeline to 12 months of starting construction. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. Committee of Adjustment Meeting No. 20-07 Thursday, September 10, 2020 Page 3 of 7 Through the Chair, Daniel requested clarification regarding whether the employment side or commercial side that is on hold. Nikolas confirmed that it was the commercial side. Through the Chair, Michele asked staff if there would be any conflicts with the removal of the Site Plan Agreement in the conditions. Staff stated that the new condition references a Development Agreement for the construction of the road, and whenever the applicant is ready to proceed, they will restart their Site Plan Application process. Staff further noted that condition #7 (that the owner enter into a Memorandum of Understanding for a Cash-in-lieu of Parkland if required) has been added because Cash-in-Lieu of Parkland is typically collected during the Site Plan Agreement process. Moved by Steven D’Angeli Seconded by Daniel Lajeunesse 1. That the Consent Application C-2020-04 be APPROVED, subject to the conditions in Appendix “A” of the staff report. Carried 2. MV-2020-15 – Theriault – 51 Haskell Crescent The applicant is requesting the following relief from the Town’s Comprehensive Zoning By-law 6000-17, as amended, to permit a reduced interior side yard setback for an existing detached pavilion: a) Section 7.2 of the Zoning By-law requires a minimum interior side yard setback of 1.2 metres. The applicant is proposing an interior side yard setback of 0.50 metres to the eastern interior side property line. The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant Rob Theriault. Rob present a short video that showed the location of the pavilion and how it fits in with his backyard. The Chair invited members of the public to provide comments. Colin and Victoria Worley. Colin stated that the creation of the pavilion has brought upon drainage Committee of Adjustment Meeting No. 20-07 Thursday, September 10, 2020 Page 4 of 7 concerns, and brought forward a plan that showed the various slope differences amongst the lots on Haskell Crescent. Through the Chair, Steven asked Colin and Victoria if they had the opportunity to review the conditions in the staff report, and asked if they believe this is a reasonable approach. They confirmed, and inquired about the timeline. Through the Chair, staff stated that we do not have a reasonable timeframe, and is unsure when the applicant would be looking to complete the works. However, that the applicant will have to comply with the timelines as stipulated in the Notice of Violation. Rob stated that they are already speaking with a potential engineer to complete the report and is willing to undertake the measures as recommended. Colin also inquired how his issues with the fence can be resolved, and Steven stated that it is a civil matter. Through the Chair, Daniel asked staff what would happen if the problem is not resolved through implementing the conditions in the staff report. Staff stated that would be dealt through property standards. Through the Chair, Steve asked staff if it was possible to put a temporal component on the second and third condition, and if that will conflict the Notice of Violation. Staff stated that it will conflict with the Notice of Violation. Through the Chair, Michele stated to Colin that if the variance is approved and the issues do not get resolved through the recommendations provided by the engineer, that he has the opportunity to go through property standards. Colin acknowledged. Moved by Steven D’Angeli Seconded by Daniel Lajeunesse 1. That the Minor Variance Application MV-2020-15 be APPROVED, subject to conditions as outlined in Appendix “A” of the staff report. Carried Committee of Adjustment Meeting No. 20-07 Thursday, September 10, 2020 Page 5 of 7 3. MV-2020-16 – Pontisso – 10 Jasper Drive The applicant is requesting relief from the requirements of the Town of Aurora Comprehensive Zoning By-law 6000-17, as amended, to permit the construction of a two-storey addition, and a new porch. In response to Staff comments, the applicant has revised their plans to increase the proposed minimum front yard setback from 5.13 metres to 5.5 metres. As such, the following relief from the Zoning By-law is requested: (a) Section 7.2 of the Zoning By-law requires a minimum front yard setback of 6.0 metres. The applicant is proposing a two-storey addition with an integral garage with a front yard setback of 5.5 metres; and, (b) Section 4.20 of the Zoning By-law states that open porches require a minimum setback of 4.5 metres from the front property line. The applicant is proposing a front porch with steps with a setback of 3.42 metres to the front property line. The Chair invited the Applicant or Agent to address the Committee. In attendance was the owner, Michael Pontisso. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. Through the Chair, Steve asked staff if the house itself is non-compliant. Staff confirmed and stated that the existing front yard is closer than what the by-law requires. Steve asked that with the amended request, the proposed addition would be consistent with the existing non-conformity. Staff confirmed. The Chair asked Michael if he had seen and understood the conditions of the staff report. Michael confirmed. Moved by Steven D’Angeli Seconded by Daniel Lajeunesse 1. That the Minor Variance Application MV-2020-16 be APPROVED, subject to conditions as outlined in Appendix “A” of the staff report. Committee of Adjustment Meeting No. 20-07 Thursday, September 10, 2020 Page 6 of 7 Carried 4. MV-2020-17 – Charbonneau – 64 Cousins Drive The owner is requesting the following relief from the requirements of the Town’s Zoning By-law 6000-17, as amended, to permit the construction of an attached garage to an existing dwelling: a) 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 an attached garage with a west interior side yard setback of 0.6 metres. The Chair invited the Applicant or Agent to address the Committee. In attendance was the owner, Michael Charbonneau and the applicant Caroline Charbonneau. Caroline provided a presentation that provided an overview of the proposal. She stated that the existing dwelling and the detached garage was built in the 60s, and that the garage is showing signs of deterioration and is not wide enough to fit a large standard sized vehicle. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. Through the Chair, Michele asked the applicant if they have read and are satisfied with the conditions in the staff report. Caroline asked for clarification regarding the condition that may require an Arborist Report. Through the Chair, staff stated that the condition has to be cleared with the Parks Department prior to any permits being issued. Through the Chair, Steve stated that these are standard conditions when there are significant mature vegetation present on the properties. Staff confirmed. Moved by Daniel Lajeunesse Seconded by Michele Boyer 1. That the Minor Variance Application MV-2020-17 be APPROVED, subject to conditions as outlined in Appendix “A” of the staff report. Carried Committee of Adjustment Meeting No. 20-07 Thursday, September 10, 2020 Page 7 of 7 5. New Business 6. Adjournment Moved by Daniel Lajeunesse That the meeting be adjourned at 8:15 PM. CARRIED Confirmed in open session this 10th day of September, 2020.