MINUTES - Committee of Adjustment - 20160414W
AUR,oRA
YeAre-God Cojeep-y
TOWN OF AURORA
COMMITTEE OF ADJUSTMENT MEETING MINUTES
NO. 16-04
ATTENDANCE
COMMITTEE MEMBERS
REGRETS
OTHER ATTENDEES
Council Chambers
Aurora Town Half
Thursday, April 14, 2016
Grace Marsh (Chair), Carl Barrett (Vice -Chair), Roy
Harrington, David Mhango and Tom Plamondon
Justin Leung (Secretary -Treasurer), Marty Rokos
(Planner) and Glen Letman (Manager, Development
Planning)
Chair called the meeting to order at 7:10 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
- None
1! APPROVAL OF AGENDA
Moved by Tom Plamondon
Seconded by David Mhango
THAT the Agenda as circulated by the Secretary -Treasurer be approved
with the following revisions:
- Item # 6 move to Item #1 in Agenda order
CARRIED
Committee of Adjustment Meeting No. 16-04 Page 2 of 8
Thursday, April 14, 2016
III ADOPTION OF MINUTES
Committee of Adjustment Minutes of March 10, 2016
Meeting Number 16-03
Moved by Carl Barrett Seconded by Tom Plamondon
THAT the Committee of Adjustment Minutes from Meeting Number 16-03
be adopted as printed and circulated.
CARRIED
IV PRESENTATION OF APPLICATIONS
1. Minor Variance Application: MV-2016-13A-E - Hudson
405 St. John's Sideroad
The Applicant has submitted an Application to allow construction of a two storey
detached dwelling in the Oak Ridges Moraine, increase in height for detached
dwelling and reduction in rear yard setback for accessory building. Sections 34.1.3
and 34.1.4 of the Zoning By-law states no development or site alteration shall occur
on that portion of the lot that contains Minimum Vegetation Protection Zone or
significant woodland feature without amendment to, or relief from the Zoning By-
law. The Applicant is proposing to construct a 1011 m2 detached dwelling and 35
mZ cabana which are located within Minimum Vegetation Protection Zone and
partially located in area that contains significant woodland feature; thus requiring
relief. Section 34.4.2 (ii) of the Zoning By-law states net developable area of site
that has impervious surfaces shall not exceed 20.0% of total site area for properties
within Category 2 Landform Conservation Area. The Applicant's property is located
within Category 2 Landform Conservation Area and proposing impervious area of
32 %; thus requiring Variance of 12%. Section 34.4.2(i) of the Zoning By-law states
net developable area of site that has disturbed surfaces shall not exceed 50% of
total site area for properties within Category 2 Landform Conservation Area. The
Applicant's property is located within Category 2 landform conservation Area and
proposing a disturbed area of 56%; thus requiring a Variance of 6%. Section 9.2.3
of the Zoning By-law allows maximum height of 10.0 metres. The Applicant is
proposing to construct a 1011.0 m2 detached dwelling unit with building height of
10.5 metres; thus requiring a Variance of 0.5 metres. Section 6.2.2 of the Zoning
By-law requiring a minimum rear yard setback of 4.5 metres for accessory building.
The Applicant is proposing to construct a cabana with rear yard setback of 0.3
metres; thus requiring a Variance of 4.2 metres. The Committee indicated that the
Applicant had revised their proposal which is smaller than their original proposal.
However, the Committee believes the Application should be re -circulated to the
public so that they are aware of these changes.
Committee of Adjustment Meeting No. 16-04
Thursday, April 14, 2016
Moved by Tom Plamondon
Page 3 of 8
Seconded by Roy Harrington
THAT Minor Variance Application MV-2016-13A-E be DEFERRED to the next
available meeting.
CARRIED
2. Consent Application: C-2016-02 — MHJH Holdings Inc.
63 & 75 Eric T. Smith Way
The Applicant has submitted an Application to sever Part Block 11 into 2 parts
shown as Part 8 and Part 10 on 65R-359: Part 7 to be conveyed To Party 6 (63
Eric T Smith Way) and Part 10 will be conveyed to Part 8 (75 Eric T Smith Way)
on Plan 65R-35964.
The Chair read through the purpose of the Application. In attendance was the
agent Kenneth Goodbrand.
Moved by Carl Barrett
Seconded by David Mhango
THAT Consent Application C-2016-02 be APPROVED subject to the conditions
contained in the report.
CARRIED
3. Minor Variance Application: MV-2016-10 — Eyelet Investment Corp.
1114 Wellington Street East
The Applicant has submitted an Application to allow for garages of 2 proposed
corner lot units to project beyond the front porch/face of a house. Sections
11.98.2.2 and 11.99.2.2 of the Zoning By-law states that notwithstanding any other
provisions to the contrary, the habitable ground floor front wall or porch face shall
be either flush with, or project in front of the garage. The applicant is proposing the
garage to project a maximum of 1.45 metres forward of the habitable ground floor
wall or porch/face for Lots 56 & 69 within the Draft Approved Plan of Subdivision,
thus requiring a variance.
The Chair read through the purpose of the Application. In attendance was the agent
Joseph Pavia.
The Committee asked if these lots' detached dwelling units had been sold. Mr.
Pavia responded they had not.
Committee of Adjustment Meeting No. 16-04
Thursday, April 14, 2016
Moved by Roy Harrington
Page 4 of 8
Seconded by David Mhango
THAT Minor Variance Application MV-2016-10 be APPROVED.
CARRIED
4. Minor Variance Application: MV-2016-11- Skygrove Developments Inc.
233 & 239 Earl Stewart Drive
The Applicant has submitted an Application to allow animal hospital and pet
grooming as permitted uses. Section 23.A.1 of the Zoning By-law does not include
'animal hospital' and 'pet grooming' as permitted uses. The Applicant is proposing
to include 'animal hospital' and 'pet grooming' as permitted uses to the subject
property retail plaza; thus requiring a Variance.
The Chair read through the purpose of the Application. In attendance was the agent
Joseph Pavia.
The Committee asked staff if this Variance would be restricted to a specific unit.
Staff responded that it did not make that recommendation
The Committee asked if overnight boarding would occur with these uses, if
permitted. Mr. Pavia responded there would not.
Moved by Tom Plamondon
Seconded by David Mhango
THAT Minor Variance Application MV-2016-11 be APPROVED subject to
conditions contained in the report and that the use be restricted to 239 Earl
Stewart Drive.
CARRIED
5. Minor Variance Application: MV-2016-14A-M -- 2457920 Ontario Inc.
14070 Yonge Street
The Applicant has submitted an Application to allow the increase in maximum
height for 29 detached dwellings and to allow increase in maximum lot coverage on
12 lots all within a Draft Approved Plan of Subdivision. Section 11.104.2.3 of the
Zoning By-law allows a maximum height of 10.0 metres. The Applicant is
proposing to construct detached dwelling units with a height of 11.2 metres; thus
requiring a Variance of 1.2 metres (for Lots 9 to 29). Section 11.103.2.3 of the
Zoning By-law allows maximum lot coverage of 35.0%. The Applicant is proposing
a detached dwelling unit with lot coverage of 43.0%; thus requiring a Variance of
8.0% (for Lot 8). The Applicant is proposing a detached dwelling unit with lot
coverage of 43.0%; thus requiring a Variance of 8.0% (for Lot 9). The Applicant is
proposing a detached dwelling unit with lot coverage of 39.0%; thus requiring a
- Committee of Adjustment Meeting No. 16-04
Thursday, April 14, 2016
Page 5of8
Variance of 4.0% (for Lot 10). The Applicant is proposing a detached dwelling unit
with lot coverage of 40.0%; thus requiring a Variance of 5.0% (for Lot 11).
The Applicant is proposing a detached dwelling unit with lot coverage of 36.0%;
thus requiring a Variance of 1.0% (for Lot 20). The Applicant is proposing a
detached dwelling unit with lot coverage of 41.0%; thus requiring a Variance of
6.0% (for Lot 21). The Applicant is proposing a detached dwelling unit with lot
coverage of 43.0%; thus requiring a Variance of 8.0% (for Lot 22). The Applicant is
proposing a detached dwelling unit with lot coverage of 43.0%; thus requiring a
Variance of 8.0% (for Lot 23). The Applicant is proposing a detached dwelling unit
with lot coverage of 41.0%; thus requiring a Variance of 6.0% (for Lot 24). The
Applicant is proposing a detached dwelling unit with lot coverage of 36.0%; thus
requiring a Variance of 1.0% (for Lot 26). The Applicant is proposing a detached
dwelling unit with lot coverage of 39.0%; thus requiring a Variance of 4.0% (for Lot
27). The Applicant is proposing a detached dwelling unit with lot coverage of
39.0%; thus requiring a Variance of 4.0% (for Lot 28).
The Chair read through the Application In attendance was the agent Emilio Ronco.
The Chair asked if any members of the public want to speak in relation to this
Application.
Stefanie Wang of 40 Ridge Road spoke in opposition to this Application. Ms. Wang
question if the Minor Variance was a 'Minor' Application including concerns
regarding this proposal's possible impact on the local aquifer.
Jennifer Day of 114 Ridge Road also spoke in opposition to this Application. Ms.
Day including concerns about incremental changes to these lands in Oak Ridges
Moraine.
The Committee asked if hydrogeological analysis had been conducted.
Mr. Ronco responded that it had.
Moved by Tom Plamondon
Seconded by Roy Harrington
THAT Minor Variance Application MV-2016-14A-M be REFUSED.
CARRIED
6. Minor Variance Application: MV-2016-15A-C — Brookfield Residential
350 William Graham Drive
The Applicant has submitted an Application to allow reduction in front yard setback
for garage where house has a single driveway that intersects sidewalk, reduction in
rear yard setback and reduction in minimum parking space on driveway. Section
15.62.2.2 of the Zoning By-law requires a minimum front yard setback of 9.25 for
garage where a house has a single driveway that intersects a sidewalk. The
Applicant is proposing to construct a row dwelling unit which has a front yard
setback of 9.12 metres; thus requiring a Variance of 0.13 metres. Section 15.62.2.2
Committee of Adjustment Meeting No. 16-04
Thursday, April 14, 2016
Page 6 of 8
of the Zoning By-law requires minimum rear yard setback of 7.0 metres. The
Applicant is proposing to construct a row dwelling unit which has a rear yard
setback of 5.8 metres; thus requiring a Variance of 1.2 metres. Section 15.62.2.5 of
the Zoning By-law requires minimum 2 parking spaces on the driveway. The
Applicant is proposing 1 parking space on the driveway; thus requiring a Variance
of 1 parking space.
The Chair read through the purpose of the Application. In attendance was the agent
Jamie Lopes.
Mr. Lopes let the Committee know that they had revised the Application thereby
withdrawing MV-2016-15A and MV-2016-15C. Mr. Lopes also referenced the letter
they subsequently provided to staff for this request.
Moved by Car! Barrett Seconded by David Mhango
THAT Minor Variance Application MV-2016-15B be APPROVED subject to
conditions contained in the report.
CARRIED
7. Minor Variance Application: MV-2016-12-A-G- 2496343 Ontario Inc.
11 Hawthorne Lane
The Applicant has submitted an Application to allow reduction in front yard setback,
reduction in interior side yard setback, increase in eaves projection and increase in
chimney projection_ Section 10.2.2 of the Zoning By-law requires a minimum front
yard of 9.0 metres. The Applicant is proposing to construct a detached dwelling unit
which has a front yard setback of 8.1 metres; thus requiring a Variance of 0.9
metres. Section 10.2.2 of the Zoning By-law requires a minimum interior side yard
setback of 4.5 metres. The Applicant is proposing to construct a detached dwelling
unit with a east interior side yard setback of 2.6 metres; thus requiring a Variance of
1.9 metres. Section 10.2.2 of the Zoning By-law requires a minimum interior side
yard setback of 4.5 metres. The Applicant is proposing to construct a detached
dwelling unit with a west interior side yard setback 3.5 metres; thus requiring a
Variance of 1.0 metre. Section 6.48.1 of the Zoning By-law allows eaves to project
0.7 metres into any required yard. The Applicant is proposing to construct eaves
projecting 1.3 metres into the front yard; thus requiring a Variance of 0.6 metres.
Section 6.48.1 of the Zoning By-law allows eaves to project 0.7 metres into any
required yard. The Applicant is proposing to construct eaves projecting 2.3 metres
into the east interior side yard; thus requiring a Variance of 1.6 metres. Section
6.48.1 of the Zoning By-law allows eaves to project 0.7 metres into any required
yard. The Applicant is proposing to construct eaves projecting 1.4 metres into the
west interior side yard; thus requiring a Variance of 0.7 metres. Section 6.48.1 of
the Zoning By-law allows chimneys to project 0.7 metres into any required yard.
The Applicant is proposing to construct a chimney that projects 1.5 metres into the
west interior side yard, thus requiring a Variance of 0.8 metres.
Committee of Adjustment Meeting No. 16-04
Thursday, April 14, 2016
Page 7 of 8
The Chair read through the purpose of the Application. In attendance was the
agent Peter Higgins.
Mr. Higgins indicated they propose to demolish and build a new 2 storey house.
They have attempted to reach a new proposal which is similar to new houses
being built nearby.
The Chair then asked if any members of the public wished to speak in relation to
this Application.
Nancy Browne of 21 Hawthorne Lane spoke in opposition to this Application. Ms.
Browne is concerned about the trend of such development.
Joyce Deitch of 22 Hawthorne Lane also spoke in opposition to this Application.
Ms. Deitch is concerned about a monster home being built in their
neighbourhood.
George Woolley of 10 Hawthorne Lane also spoke in opposition to this
Application. Mr. Wooley did not believe such development was appropriate for
Hawthorne Lane.
Michael Ronco of 15 Hawthorne Lane also spoke in opposition to this
Application. Mr. Ronco raised issues with privacy.
Staff responded that the backyard and porch in the rear comply with Town
Zoning By-law
The Committee asked if the lot coverage complies.
Mr. Higgins responded that it does.
The Committee asked that continued local dialogue should continue to progress
with additional condition that elevation and plans be reviewed and approved by
Planning staff.
Moved by Tom Plamondon Seconded by Carl Barrett
THAT Minor Variance Application MV-2016-12A-G be APPROVED subject to
conditions in the report and that building elevation plans be submitted to Planning
staff for their review and approval
CARRIED
• Committee of Adjustment Meeting No. 16-04 Page 8 of 8
Thursday, April 14, 2016
8. Minor Variance Application: MV-2016-09 — Ornat-Frisoni
41 Larmont Street
The Applicant has submitted an Application to allow an increase in height for an
accessory structure. Section 6.2.3 of the Zoning By-law requires maximum height
of 3.5 metres for an accessory structure. The Applicant is proposing to construct a
detached garage with height of 6.7 metres; thus requiring a Variance of 3.2 metres.
The Chair read through the purpose of the Application. In attendance was the
Applicant Frank Ornat_ Mr. Ornat explained the Variance was needed to
accommodate the pitched roof.
The Chair asked if any members of the public wanted to speak in relation to this
Application.
Frank Pignataro of 35 Larmont Street spoke in opposition to this Application. Mr.
Pignataro did not support this structure's building height and also raised concerns
on constant construction at site.
Ron Weese of 37 Larmont Street also spoke in opposition to this Application. Mr.
Weiss was concerned about the second floor of the proposed garage which was not
proposed when the original Variance was approved.
Mr. Ornat stated the side yard setbacks complied and that he had to do
construction work the last few months at his property.
Moved by David Mahngo
Seconded by Roy Harrington
THAT Minor Variance Application MV-2016-09 be DENIED.
CARRIED
V NEW BUSINESS/GENERAL INFORMATION
VI ADJOURNMENT
Co
Moved by Tom Plamondon
THAT the meeting be adjourned at 10:25 p.m.
CARRIED
121h day of May 2016.
4 � ��
Justin Leung,
Secretary -Treasurer