MINUTES - Committee of Adjustment - 20160714AvRoRA
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TOWN OF AURORA
COMMITTEE OF ADJUSTMENT MEETING MINUTES
NO. 16-07
Council Chambers
Aurora Town Hall
Thursday, July 14, 2016
ATTENDANCE
COMMITTEE MEMBERS Grace Marsh (Chair), Carl Barrett (Vice -Chair), Roy
Harrington and David Mhango
REGRETS Tom Plamondon
OTHER ATTENDEES Justin Leung (Secretary -Treasurer) and Marty Rokos
(Planner)
Chair called the meeting to order at 7:00 p.m.
I DECLARATIONS OF PECUNIARY INTEREST
- None
ll APPROVAL OF AGENDA
Moved by Carl Barrett
Seconded by David Mhango
THAT the Agenda as circulated by the Secretary -Treasurer be approved.
CARRIED
111 ADOPTION OF MINUTES
Committee of Adjustment Minutes of June 9, 2016
Meeting Number 16-06
Moved by Roy Harrington
Seconded by Carl Barrett
Abstained by Grace Marsh (not in attendance for this meeting)
Committee of Adjustment Meeting No. 16-07
Thursday, July 14, 2016
Page 2 of 6
THAT the Committee of Adjustment Minutes from Meeting Number 16-06
be adopted as printed and circulated.
CARRIED
IV PRESENTATION OF APPLICATIONS
1. Minor Variance Application: MV-2016-25 — Williams
139 Chapman Court
The Applicant has submitted an Application to allow reduction in maximum
projection for a rear deck. Section 15.36.5 of the Zoning By-law allows rear decks
to project a maximum of 3.0 metres. The Applicant is proposing rear deck which
projects 5.54 metres into rear yard; thus requiring Variance of 2.54 metres.
The Chair read through the purpose of the Application. In attendance was the
Applicant Chris Williams.
Mr. Williams stated that he built this deck for safety and aesthetics. It is similar to
other decks within this townhouse community. The deck had been partially
constructed until Building Inspector attended site where construction was then
halted and a Minor Variance submitted to the Town.
Moved by Carl Barrett Seconded by David Mhango
THAT Minor Variance Application MV-2016-25 be APPROVED.
CARRIED
2. Minor Variance Application: MV-2016-26 — Butler -Wadden
47 Temperance Street
The Applicant is seeking relief from the provisions of Zoning By-law No. 2213-78,
as amended, to permit parking area to be located in front yard of subject property.
Section 21.2.4 of the Zoning By-law requires parking area to be located in rear
yard. The Applicant is proposing a parking area to be located in front yard; thus
requiring relief from this provision of the By-law.
The Chair read through the purpose of the Application. In attendance was the agent
Michelle Tremblay of MNT Consulting.
The Chair asked if any members of the public want to speak in relation to the
Application. Emile Simon of 41 Temperance Street spoke in support of the
Application as he supports more commercial activity in the area. Mr. Simon asked
why the Zoning By-law does not permit front yard parking.
Committee of Adjustment Meeting No. 16-07
Thursday, July 14, 2016
Page 3 of 6
Staff responded that Zoning By-law provisions generally indicate no front yard
parking within the Town's downtown area. In addition, as the parking area is
existing at this subject property staff did not have any concerns. Staff also stated
they will need to determine if a site plan is required. If so, signage for parking may
be required.
Moved by David Mhango
Opposed by Roy Harrington
Seconded by Carl Barrett
THAT Minor Variance Application MV-2016-26 be APPROVED subject to
conditions in the report.
CARRIED
3. Minor Variance Application: MV-2016-27 — Countrywide Homes at Aurora Inc.
3 Sparks Street
The Applicant is seeking relief from the provisions of Zoning By-law No. 2213-78,
as amended, to allow reduction in garage exterior side yard setback. Section
15.64.2.2 of the Zoning By-law requires minimum garage exterior side yard setback
of 6.0 metres. The Applicant is proposing to construct townhouse dwelling unit with
attached garage which has exterior side yard setback of 3.0 metres; thus requiring
a Variance of 3.0 metres.
The Chair read through the purpose of the Application. In attendance was the
Applicant Manny da Cunha of Countrywide Homes.
Moved by Roy Harrington
Seconded by David Mhango
THAT Minor Variance Application MV-2016-27 be APPROVED subject to
conditions in the report.
CARRIED
4. Consent Application: C-2016-03 — Manziana Builders Corp.
1289 Wellington Street East
The Applicant has submitted an Application to allow a servicing easement
(storm sewer) along western portion of subject property.
The Chair read through the purpose of the Application. In attendance was
Joseph Pavia of Manziana Builders Corp.
The Committee asked about the proposed servicing (pipe) easement and its
alignment and possible impact on right of way with Wellington Street.
Committee of Adjustment Meeting No. 16-07
Thursday, July 14, 2016
Page 4 of 6
Mr. Pavia responded that this was a draft R-plan and that it can be adjusted.
Staff indicated that this easement was also currently under review through other
Planning Applications for this subject property. Details of this easement would
be addressed with the Plan of Subdivision Application process.
Moved by Carl Barrett
Seconded by Roy Harrington
THAT Consent Application C-2016-03 be APPROVED subject to the conditions
contained in the report.
CARRIED
5. Minor Variance Application: MV-2016-28 — Asif-Salyani
5 Northern Dancer Lane, Unit 20
The Applicant is seeking relief from the provisions of Zoning By-law No. 2213-78,
as amended, to allow increase in height for an accessory structure. Section 6.2.3 of
the Zoning By-law requires allows maximum height of 3.5 metres for an accessory
structure. The Applicant is proposing to construct an accessory structure (cabana)
with a height of 4.62 metres; thus requiring Variance of 1.12 metres.
The Chair read through the purpose of the Application. In attendance was the
owner Asif Salyani.
Mr. Salyani stated that they were building their cabana to be consistent with others
within their neighbourhood and would comply with requirements from their Condo
Corporation.
The Committee asked if Condo Corporation could impose such requirements for the
Town to consider and if there has been other similar Variances in this area.
Staff responded that Condo Corporation can make recommendations to their
residents. However, in this instance, Minor Variance was assessed in accordance
with Planning Act requirements only. Staff indicated there has been other
Variances. However, with some properties, their accessory structures were built to
comply to Zoning By-law so no Variances had to be sought.
Moved by Roy Harrington
Seconded by David Mhango
THAT Minor Variance Application MV-2016-28 be APPROVED.
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Committee of Adjustment Meeting No. 16-07
Thursday, July 14, 2016
Page 5 of 6
6. Minor Variance Application: MV-2016-29A-E — Mattamy (Aurora) Ltd.
1280 St. John's Sideroad East
The Applicant is seeking relief from the provisions of Zoning By-law No. 2213-78,
as amended, to allow; the reduction in minimum front yard setback for main building
for 1 detached dwelling unit; reduction in minimum front yard setback for attached
garage for 2 detached dwelling units, increase in maximum projection for open -
sided roofed porch into front yard and increase in projection allowed for bay window
to front property line for a detached dwelling unit. Section 11.99.2.2 of the Zoning
By-law requires minimum front yard setback of 6.0 metres to attached garage. The
Applicant is proposing to construct detached dwelling unit with attached garage
which is 4.5 metres to front property line; thus requiring a Variance of 1.5 metres
(Lot 20). The Applicant is also proposing to construct detached dwelling unit with
attached garage which is 4.5 metres to front property line; thus requiring a Variance
of 1.5 metres (Lot 32). Section 11.99.22 of the Zoning By-law requires minimum
front yard setback of 4.5 metres to main building. The Applicant is proposing to
construct detached dwelling unit which is 3.8 metres to front property line; thus
requiring a Variance of 0.7 metres (Lot 28). Section 11.99.2.3.1 of the Zoning By-
law requires open -sided roofed porches, balconies, uncovered terraces, patios and
decks not exceeding 3.0 metres above grade with or without foundation to project a
maximum of 2.0 metres into the required front and exterior side yard. The Applicant
is proposing to construct an open -sided roofed porch which projects 2.1 metres into
the required front yard; thus requiring Variance of 0.1 metres (Lot 28). Section
11.99.2.3.3 of the Zoning By-law states bay, bow or box window may project 0.6
metres into required front, exterior and rear yards. The Applicant is proposing to
construct bay window that projects 1.5 metres to front property line; thus requiring
Variance of 0.9 metres (Lot 28).
The Chair read through the purpose of the Application. In attendance was Thomas
Kastelic of Mattamy Homes.
Moved by David Mhango Seconded by Carl Barrett
THAT Minor Variance Application MV-2016-29A-E be APPROVED.
CARRIED
V NEW BUSINESS/GENERAL INFORMATION
- Staff informed the Committee that moving forward, Decision forms would
have a statement with regards to public comments had been received and
considered by the Committee. This is to conform to the recent passing of Bill
73 by the Province.
Committee of Adjustment Meeting No. 16-07
Thursday, July 14, 2016
Page 6 of 6
VI ADJOURNMENT
Moved by David Mhango
THAT the meeting be adjourned at 7:35 p.m.
CARRIED
Confirmed in open session this 11t" day of August 2016.
Grace Marsh,
Committee Chair
Justin Leung,
Secretary -Treasurer