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MINUTES - Committee of Adjustment - 2020806 Town of Aurora Committee of Adjustment Meeting Minutes No. 20-06 August 6, 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 Clarence Lui Seconded by Michele Boyer 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 July 9, 2020 Meeting Number 20-05 Recommended: That the Committee of Adjustment Minutes from Meeting Number 20-05 be adopted. Moved by Daniel Lajeunesse Seconded by Clarence Lui Committee of Adjustment Meeting No. 20-06 Thursday, August 6 2020 Page 2 of 5 Carried 4. Presentation of Applications 1. MV-2020-13 – 42 Long Valley Road – Dean The applicant is requesting the following relief from the requirements of the Town of Aurora Comprehensive Zoning By-law 6000-17, as amended, to consider the front yard as a side yard for purposes of permitting a swimming pool on the property: (a) Section 4.12(a) of the Zoning By-law allows pools to be located in rear and side yards only. The applicant is proposing that the front yard of the lot be considered as the side yard and to build a swimming pool therein. The Chair invited the Applicant or Agent to address the Committee. In attendance was the owner Chantalle Dean. Chantalle provided a presentation that included pictures of the dwelling and where the proposed pool will be located. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. Through the Chair, Michele asked Chantalle if she had reviewed the conditions of approval. Chantalle confirmed. Through the Chair, Steven asked staff if a condition would be required to reflect the applicant’s understanding to relocate pool or services if required. Staff stated that it will be addressed through the pool permit process with the Building Department. The Chair asked staff if there was anything registered on title that the Committee/owner/staff should be aware of. Staff stated that there was a restrictive covenant that was registered on the lands when the subdivision was developed, and that the instrument of that convent provides that certain lots that are zoned Private Open Space (O2) must obtain Town’s approval for any tree removal. However, this does not apply to the property in question. The Chair noted that the last condition makes reference to the requirement that the owner enter into a Letter of Undertaking as part of approval. Staff confirmed. Committee of Adjustment Meeting No. 20-06 Thursday, August 6 2020 Page 3 of 5 The Chair asked Chantalle if she foresees any issues if the pool does have to be shifted from the proposed location. Chantalle stated that upon discussing with staff, that she does have the option to shift the location of the pool depending on where the existing services are located. Moved by Steven D’Angeli Seconded by Daniel Lajeunesse 1. That the Minor Variance Application MV-2020-13 be APPROVED, subject to the conditions in Appendix “A” of the staff report. Carried 2. MV-2020-14 – 100 Woodland Hills Boulevard – Beriault The owner/applicant is requesting relief from the requirements of the Town’s Zoning By-law 6000-17, as amended, to permit the widening of an existing driveway, as outlined below: a) Section 5.6.1(a)(iii) of the Zoning By-law allows a maximum driveway width of 10.0 metres if the lot frontage is 18.0 metres or greater, with the exception that the maximum driveway width at the street line shall not exceed 6.0 metres. The applicant is proposing a driveway width of 9.0 metres at the street line. The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant Paul Beriault. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. Through the Chair, Steven asked staff to elaborate on how the Zoning By-law is applied when it comes to driveway widths and what the intent is, as it seems that properties are exceeding the maximum driveway width provisions. Staff stated that the intent of this provision is to 1) ensure that the physical appearance of the streetscape will not be compromised and 2) to reduce the amount of hard surfaces in order to mitigate any drainage concerns. The subject property is situated on a Committee of Adjustment Meeting No. 20-06 Thursday, August 6 2020 Page 4 of 5 fairly large lot, and there is sufficient soft landscaped space that will maintain the appearance of the streets. Staff further stated that the four tests of variance will ultimately come into effect when considering the streetscape of the neighbourhood. Through the Chair, Daniel asked staff if every dwelling in Aurora should allow for a 9.0m entry onto the property, and if the intent and the aesthetic of the neighbourhood will be maintained. Staff stated that every application has to be reviewed individually, and it would depend on the specifics of the application and property. If the property in question has sufficient soft landscaped space and if the general scale of the other driveways is kept, the Town will most likely will not have an objection. Through the Chair, Clarence stated that as similar applications are being received and approve, it is setting a precedent for future applications. The Chair further asked why it is becoming difficult to comply with the provisions of the by-law, and that these applications are more to do with the concern of safety as it relates to traffic and accessibility. Moved by Steven D’Angeli Seconded by Michele Boyer 1. That the Minor Variance Application MV-2020-14 be APPROVED, subject to conditions as outlined in Appendix “A” of the staff report. Carried 5. New Business 6. Adjournment Moved by Clarence Lui That the meeting be adjourned at 7:40 PM. CARRIED Committee of Adjustment Meeting No. 20-06 Thursday, August 6 2020 Page 5 of 5 Confirmed in open session this 6th day of August, 2020.