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MINUTES - Committee of Adjustment - 20150212AUR-ORA TOWN OF AURORA COMMITTEE OF ADJUSTMENT MEETING MINUTES NO. 15-02 Council Chambers Aurora Town Hall Thursday, February 12, 2015 ATTENDANCE COMMITTEE MEMBERS Hank Gosar (Chair), Grace Marsh (Vice Chair), Roy Harrington, Carl Barrett and David Mhango REGRETS OTHER ATTENDEES Justin Leung (Acting Secretary -Treasurer) and Jeff Healey (Planner) Chair called the meeting to order at 7:01 p.m. I DECLARATIONS OF PECUNIARY INTEREST R APPROVAL OF AGENDA Moved by Roy Harrington Seconded by Carl Barrett THAT the Agenda as circulated by the Secretary -Treasurer be approved. CARRIED III ADOPTION OF MINUTES Committee of Adjustment Minutes of January 8, 2015 Meeting Number 15-01 Moved by Grace Marsh Seconded by Roy Harrington THAT the Committee of Adjustment Minutes from Meeting Number 15-01 be adopted as printed and circulated. CARRIED Committee of Adjustment Meeting No. 15-02 Page 2 of 5 Thursday, February 12, 2015 IV PRESENTATION OF APPLICATIONS 1. Minor Variance application- MV-2014-40A B (Lebovic Enterprises Ltd.) 36 Civobel Drive The applicant is seeking relief from the provisions of Zoning By-law No. 2213-78, as amended, respecting to allow a reduction in rear side yard setback and a reduction in minimum distance separation from front lot line. The Chair read the purpose of the application. In attendance was Scott Waterhouse of GHD, acting on behalf of the applicant. Mr. Waterhouse explained that one of the lot lines for the subject property was initially interpreted as a side lot line but was found to actually be a rear lot line. As such, they need a Variance for this setback requirement. The second Variance is proposing 4.1 metres to the front lot line where 4.5 metres is the by- law requirement. The house siting has been changed so that it now sits closer to the front lot line. The streetscape and adjacent dwellings are compatible with this subject property's dwelling. The Committee asked what was located behind the subject property and if there was a relationship with the golf course being constructed on the subject lands. Mr. Waterhouse responded that the lands behind the subject property were open space and no houses were proposed to be built there. The golf course being constructed is connected to the estate -style residential homes being built nearby. Moved by Car! Barrett Seconded by David Mhango THAT minor variance application MV-2015-40A-B be APPROVED. CARRIED 2. Minor Variance application: MV-2015-02A-B (Palombo) 56 Offord Crescent The applicant is seeking relief from the provisions of Zoning By-law No. 2213-78, as amended, respecting to allow the construction of an addition and garage within an ORM-zoned land and an increase in maximum height for an accessory structure. The Chair read through the purpose of the application. In attendance was Dan Palombo, agent acting on behalf of the applicant_ Committee of Adjustment Meeting No. 15-02 Thursday, February 12, 2015 Page 3 of 5 Staff indicated that in the original interpretation by Building Department staff, an omission had been made in the building height. The circulated notice indicated 4.5 metres while it was supposed to be 5.5 metres. After discussing this with the applicant, they decided to revise their proposal to show 4.5 metres. The Chair then asked if any members of the public wished to speak in relation to this application. Michael O'beime of 48 Offord Crescent spoke in opposition to the application. Mr. O'beime was concerned about the size of the proposed addition and the impact on the woodlot located on 48 Offord Crescent. He also had questions about the Town's notification protocols. Staff responded that properties within a 120 metre radius of the subject property were sent a notice by mail which for this Variance application was 15 addresses. The Committee then asked about the woodlot raised by Mr. O'beime. Staff responded that natural heritage features are subject to a Natural Heritage Evaluation (NHE) which is linked to a Simplified Development Agreement. In addition, the NHE shows the current site, how it will be affected by construction and possible mitigation measures. Staff have reviewed these measures and determined them to be appropriate. Moved by Grace Marsh Seconded by David Mhango THAT minor variance application MV-2015-02A-13 be APPROVED subject to the conditions contained in the report and to the following additions: Condition 1, bullet 3: include `THAT the applicant updates the Natural Heritage Evaluation to identify silt fencing location and details to the satisfaction of Planning & Development Services.' Condition 2, bullet 4: include THAT appropriate vegetative screening be provided within the southerly side yard of the subject lands to the satisfaction of Parks & Recreation Services.' Condition 5: include 'THAT the applicant be advised of the revised conditions of approval granted by the Committee of Adjustment at the February 12, 2015 public meeting. CARRIED Committee of Adjustment Meeting No. 15-02 Page 4 of 5 Thursday, February 12, 2015 3. Minor Variance application: MV-2015-03 (Zarfam Inc.) 15483 Yonge Street, Unit 6 The applicant is seeking relief from the provisions of Zoning By-law No. 2213-78, as amended, respecting to allow an animal hospital. The Chair read through the purpose of the application. In attendance was Thom Vandenbusche, agent acting on behalf of the applicant. Mr. Vandenbusche requested that the Committee consider removing the recommended restriction on overnight accommodation of animals. He explained that the subject unit faces Yonge Street and that there was sufficient buffer for noise. The Chair then asked if any members of the public wished to speak to this application. Sabrina Sgotto of Weston Consulting, retained by the operators of Golf Glen Veterinary Clinic of 15770 Yonge Street spoke in opposition to this application. Ms. Sgotto raised questions on whether or not the 20% gross floor area for restaurants and medical clinics should include this proposed animal clinic, whether the parking was sufficient at the retail plaza and whether to allow overnight boarding of animals. Staff responded that with the 20% restriction, the animal hospital is not included in this calculation. Secondly, with the parking on the subject property, Building staff reviewed the application and determined no parking shortfall. Finally, with overnight boarding, the recommended restriction addresses noise concerns and, is consistent with the Official Plan Promenade policies, allowing for a transition from commercial to residential areas. Mr. Vandenbusche stated that if the Committee passed the application with the recommended restriction that was acceptable but asked them to consider not including the restriction as the proposed operator of this clinic operates other clinics in York Region which border residential areas where noise has not been a concern. As such, they feel this site would also have minimal impact on adjacent residential communities. Dr. Leslie Riley, Golf Glen Veterinary Clinic owner, stated that it was unrealistic not to have overnight boarding as you would need kennels to keep pets. Dr. Janna Hilton, a resident on Valhalla Court, also raised concerns about noise and that overnight boarding of animals would be necessary for such an operation. Committee of Adjustment Meeting No.15-02 Thursday, February 12, 2015 Page 5 of 5 Gerald Zaroukian, owner of the retail plaza, stated that the rear of the plaza property was fenced and had approximately 35 feet pine trees which screen the plaza from the residential homes to the rear of the plaza. In addition, the clean operation of this clinic is important as that would ensure other tenants in the plaza would not be negatively impacted by possible noise or smell issues. Moved by Carl Barrett Seconded by Roy Harrington THAT minor variance application MV-2015-03 be APPROVED subject to the restrictions contained in the report. Carl Barrett, Roy Harrington and Hank Gosar APPROVE. Grace Marsh and David Mhango OPPOSE. CARRIED V NEW BUSINESS/GENERAL INFORMATION • Staff indicated that Council had met to discuss Committee appointments for the 2014-2018 term and had selected new appointees, including for Committee of Adjustment. Clerk's staff would notify those who had applied to committees of the outcome of Council's meeting. • Staff informed the Committee that Variance application's D13-(32A-F)-14 (Pechen) Ontario Municipal Board (OMB) appeal has been scheduled for a 2 day hearing on September 3, 2015 at 10 am in Council Chambers of Aurora Town Hall. VI ADJOURNMENT Moved by Hank Gosar THAT the meeting be adjourned at 8:52 p.m. CARRIED Confirm in open session this 12th day of March 2015. Grace rsh, Justin Leung, Committee Chair Acting Secretary -Treasurer