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MINUTES - Committee of Adjustment - 20160609AuRvRA y&a*f& oedC#Ny V TOWN OF AURORA COMMITTEE OF ADJUSTMENT MEETING MINUTES NO. 16-06 ATTENDANCE COMMITTEE MEMBERS REGRETS OTHER ATTENDEES Council Chambers Aurora Town Hall Thursday, June 9, 2016 Carl Barrett (Vice -Chair), Roy Harrington, David Mhango and Tom Plamondon Grace Marsh (Chair) Justin Leung (Secretary -Treasurer) and Marty Rokos (Planner) Chair called the meeting to order at 7:00 p.m. 1 DECLARATIONS OF PECUNIARY INTEREST - None H APPROVAL OF AGENDA Moved by Tom Plamondon Seconded by Roy Harrington THAT the Agenda as circulated by the Secretary -Treasurer be approved. CARRIED Committee of Adjustment Meeting No. 16-06 Thursday, June 9, 2016 Page 2 0t �, 111 ADOPTION OF MINUTES Committee of Adjustment Minutes of May 12, 2016 Meeting Number 16-05 Moved by David Mhango Seconded by Tom Plamondon THAT the Committee of Adjustment Minutes from Meeting Number 16-05 be adopted as printed and circulated. CARRIED IV PRESENTATION OF APPLICATIONS 1. Minor Variance Application: MV-2016-19 — Architectural Dimensions Inc. 305 Industrial Parkway South, Unit 14 The Applicant has submitted an Application to allow Fitness Centre use in portion of building used for commercial self -storage facility, warehouse or industrial use. Section. 25.4.10.1 of the Zoning By-law permits 'Fitness Centre' provided that no port of the building is used for commercial self -storage facility, warehouse or industrial use. The Applicant is proposing 'Fitness Centre' use in portion of building which is also used for warehouse and industrial uses; thus required relief from this provision of the By-law. The Chair read through the purpose of the Application. In attendance was the Applicant Pierre Legasse and future owner Paul Lau. Mr. Legasse stated fitness centre use already exists within the subject property's complex. In addition, this proposed swimming school would be operating during off- peak hours and would have staggered pick up/drop off to address traffic concerns. In addition, the future owner would be hiring an engineer, architect and pool consultant to assist them in the construction of their indoor pool. The Chair asked if any members of the public wished to speak with regards to the Application. Robert Lawson of Unit 17 spoke in opposition to the Application. Mr. Lawson was concerned that they did not have sufficient information with this proposal to ensure issues relating to possible flooding and construction impacts. Fred Rankel of Units 1 & 2 spoke in support of the Application. Mr. Rankel did not believe construction impact of this pool would be significant. George Truft of Unit 13 spoke in opposition to the Application. Mr. Truft also wanted more information on the proposal. Shari Card of Unit 12 spoke in opposition to the Application. Ms. Card was concerned with possible water leakage, construction impact, parking impact and possible increased water meter costs to other tenants in the complex. Committee of Adjustment Meeting No. 16-06 Thursday, June 9, 2016 Page 3 of 6 Staff indicated that staff concerns were assessed as part of their review of this Application. In addition, this subject property's Zoning has a requirement of 89 parking spaces as per the Zoning By-law. The subject property has 147 spaces provided. In terms of issues relating to humidity, mould and flooding, these would be assessed when the Applicant applied for a building permit. Furthermore, the Pool By-law would also be applicable in this instance. Mr. Paul responded that their unit would room would have vapor barrier and be bearing columns within this unit. Mr. Lau architect and engineer on this proposal. reports would be commissioned after process. Moved by Tom Plamondon have its own in line meter and that pool completely sealed. There were also no also indicated that he had consulted with However, more detailed drawings and the completion of this Minor Variance Seconded by David Mhango THAT Minor Variance Application MV-2016-19 be APPROVED subject to conditions in the report and with an additional condition: - That Building Services, Planning & Building Services, take into account concerns raised by other tenants within this subject property's industrial complex. CARRIED 2. Minor Variance Application: MV-2016-20A-B — Tremblay 20 Ransom Street The Applicant is seeking relief from the provisions of Zoning By-law No. 2213-78, as amended, to allow a reduction in front yard setback and exterior side yard setback to facilitate construction of 2 storey detached dwelling. Section 11.22 of the By-law requires minimum front yard setback of 6.0 metres. The Applicant is proposing to construct a 232 m2 detached dwelling which is 3.9 metres to front property line; thus requiring Variance of 2.1 metres. Section 11.2.2 of the By-law requires minimum exterior side yard setback of 6.0 metres. The Applicant is proposing to construct a 232 m2 detached dwelling which is 1.5 metres to exterior side property line; thus requiring a Variance of 4.5 metres. The Chair read through the purpose of the Application. In attendance was the Applicant Michelle Tremblay. Ms. Tremblay inquired as to whether conditions could be amended by Committee. Staff responded that they could. Ms. Tremblay requested changes in conditions as indicated by Planning Services, Planning & Development Services, and Parks & Recreation Services. The Committee saw the conditions as recommended as being appropriate as is. Committee of Adjustment Meeting No.16-06 Page 4 ofr6 Thursday, June 9, 2016 Moved by David Mhango Seconded by Roy Harrington THAT Minor Variance Application MV-2016-20A-B be APPROVED subject to conditions in the report. CARRIED 3. Minor Variance Application: MV-2016-21A-B — Petre 20 Jasper Drive The Applicant is seeking relief from the provisions of Zoning By-law No. 2213-78, as amended, to allow a reduction in minimum distance separation to front lot line for open -sided roofed porch & steps and to reduce front yard setback for an attached garage. Section 6.48.1 of the By-law requires minimum distance separation of4.5 metres to front lot line. The Applicant is proposing to construct an open -sided roofed porch & steps which is 3.3 metres to front property line, thus requiring a Variance of 1.2 metres. Section 11.2.2 of the By-law required minimum front yard setback of 6.0 metres for attached garage. The Applicant is proposing to construct an attached garage which is 5.0 metres to front property line; thus requiring a Variance of 1.0 metre. The Chair read through the purpose of the Application. In attendance was the Applicant Gheorghe Petre. Mr. Petre indicated that they had submitted a written request to Town staff requesting withdrawal of MV-2016-21 B while proceeding with MV-2016-21 A. Moved by Tom Plamondon Seconded by Roy Harrington THAT Minor Variance Application MV-2016-21 A be APPROVED. CARRIED 4. Minor Variance Application: MV-2016-22 — Morguard Realty Holdings Inc. 15490 Bayview Avenue The Applicant is seeking relief from the provisions of Zoning By-law No. 2213-78, as amended, to allow a 'Kennel' as an accessory use to 'retail store' use. Section 23.D.1.2 of the By-law does not include 'Kennel' as one of the permitted uses. The Applicant is proposing to allow `Kennel' in addition to the permitted uses on the subject lands. The Chair read through the purpose of the Application. In attendance was the agent Ron Rogan of Greystone Design Group Inc. The Committee asked what their nearest tenant was. Mr. Rogan responded it was Goodlife Fitness_ Committee of Adjustment Meeting No. 16-06 Thursday, June 9, 2016 Moved by David Mhango Page 5 of 6 Seconded by Tom Plamondon THAT Minor Variance Application MV-2016-22 be APPROVED. CARRIED 5. Minor Variance Application: MV-2016-23 — Bayview St. John's Centre Inc. 15955 and 15975 Bayview Avenue The Applicant is seeking relief from the provisions of Zoning By-law No. 2213-78, as amended, to include 'Clinic' as a permitted use. Section 20.7.1 of the By-law does not include 'Clinic' as one of the permitted uses. The Applicant is proposing to allow 'Clinic' in addition to the permitted uses on the subject lands. The Chair read through the purpose of the Application. In attendance was the Applicant Louisa Dillulio of Bayview St. John's Centre Inc. Ms. Dillulio asked if pharmacy use would be included as per recommended restriction. Staff responded restriction only for clinic use. The Chair asked if any members of the public wished to speak in relation to this Application. Sue Pestell of Winn Place, Paul Deruse of 11 Edwin Pearson Street, Jeff Setton of 87 Burton Howard Drive and Hawk Ballard, President of York Region Standard Condominium Corp. 1259 all spoke in opposition to the Application. These residents were concerned that this proposed clinic use would result in increased traffic into their adjacent residential area via the walkway which links the plaza to their residential community. They inquired if the walkway could either be removed or a gate be placed to restrict access between commercial plaza and their residential community. Staff indicated that the walkway had been part of the Site Plan Approval Application for both the commercial and residential developments and had both been approved by Council in 2011. For removal of walkway, a Site Plan Exemption Application may have to be submitted for such a proposal. In addition, a gate could be placed there in consultation with the commercial plaza owners. Moved by Roy Harrington Seconded by David Mhango THAT Minor Variance Application MV-2016-23 be APPROVED subject to restriction in the report. CARRIED Committee of Adjustment Meeting No. 16-06 Page 6 0f,6 Thursday, June 9, 2016 6. Minor Variance Application; MV-2016-24- Aurora Investments Inc. 155 Industrial Parkway South, Units 1-4 The Applicant is seeking relief from the provisions of Zoning By-law No. 2213-78, as amended, to include 'Recreation Centre' as a permitted use. Section 20.7.1 of the By-law does not include 'Recreation Centre' as one of the permitted uses_ The Applicant is proposing to allow 'Clinic' in addition to the permitted uses on the subject lands. The Chair read through the purpose of the Application. in attendance was the agent Andrea Bourrie of Bourrie Planning Services. Moved by Tom Plamondon Seconded by David Mhango THAT Minor Variance Application MV-2016-23 be APPROVED subject to conditions in the report. CARRIED V NEW BUSINESS/GENERAL INFORMATION The Secretary -treasurer stated that with regards to the staff report provided to them on Bill 73 as proposed by the provincial government, that the regulations were no in effect. VI ADJOURNMENT Moved by Tom Plamondon THAT the meeting be adjourned at 9:45 p.m. CARRIED Confirmed in open session this 141" day of July 2016, Carl Barrett, Justin Leung, Committee Acting Chair Secretary -Treasurer