MINUTES - Committee of Adjustment - 20171109AURORA
Town of Aurora
Committee of Adjustment Meeting Minutes
No. 17-11
Council Chambers, Aurora Town Hall
Thursday, November 9, 2017
Attendance
Committee Members Grace Marsh (Chair), Tom Plamondon (Vice -Chair), Hank
Gosar, and Roy Harrington
Regrets David Mhango
Other Attendees Justin Leung, Secretary -Treasurer, Marty Rokos, Planner, and
Linda Bottos, Council/Committee Secretary
The Chair called the meeting to order at 7:04 p.m.
1. Approval of the Agenda
Moved by Roy Harrington
Seconded by Tom Plamondon
That the agenda as circulated by the Secretary -Treasurer be approved, with the
exception that Item 6 will be considered prior to consideration of Items 1 to 5.
Carried as amended
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 Meeting Minutes No. 17-11
Thursday, November 9, 2017 Page 2 of 9
Committee of Adjustment Meeting Minutes of October 12, 2017
Meeting Number 17-10
Moved by Hank Gosar
Seconded by Roy Harrington
That the Committee of Adjustment meeting minutes from Meeting Number 17-10
be adopted as printed and circulated.
Carried
4. Presentations of Applications
The Committee consented to consider Items 1 and 2 together.
1. Consent Application: C-2017-08 — Jessmar Group Ltd.
190 Kennedy Street West
The Applicant has submitted an application to sever the subject lands to create
a total of three lots.
2. Consent Application: C-2017-09 — Jessmar Group Ltd.
190 Kennedy Street West
The Applicant has submitted an application to sever the subject lands to grant
an easement over the lands identified as "Shared Driveway Easement" for the
purpose of access for personal vehicles, in favour of the two lots to the west
and east of the retained lot to be created by severance with access onto
Kennedy Street West.
The Chair read through the purpose of the applications In Items 1 through 5
and noted the corrections to the application numbers in Items 1 and 2. The
Chair further noted that an eighth condition has been added to the seven
conditions detailed in the staff report. In attendance was Mr. Tom Kilpatrick, of
Malone Given Parsons Ltd., and Mr. Larry Dekkema, of Ballymore Homes
Corporation, Agents representing the Applicant.
Mr. Kilpatrick presented an overview of the Consent and Minor Variance
Applications including site context, neighbourhood compatibility, proposed
Committee of Adjustment Meeting Minutes No. 17-11
Thursday, November 9, 2017 Page 3 of 9
severance plan, preliminary landscaping plan, conceptual elevations and cross
sections, consent to sever justifications, and minor variance tests.
Mr. Gilles Cinq-Mars, of 180 Kennedy Street West, requested clarification
regarding the reference to "no comments" in the staff report and on the width
of the proposed single driveway, and staff provided a response.
The Committee inquired about the municipal easement and its impact on the
proposed driveway and services. Staff and the Agent provided clarification
regarding the existing easement and services, and referred to the additional
condition recommended by staff, which was not included in the report.
The Chair read the additional condition (no. 8) for the record: `That any repair,
maintenance and replacement of service laterals proposed within municipal
easement will be the responsibility of the homeowners, and as such, a warning
clause to that effect will be registered by the applicant on title of each of the
proposed lots to make the future homeowners aware of this responsibility." Mr.
Dekkema stated that the Applicant is agreeable to all of the conditions.
The Committee inquired about the minimum lot area, the proposed entry
feature at the street line and any discussions with Central York Fire Services
(CYFS) regarding the driveway access, and the Agent and staff provided
clarification.
Moved by Tom Plamondon
Seconded by Hank Gosar
1. That Consent Applications C-2017-08 and C-2017-09 be APPROVED,
subject to the conditions contained in the report and the added condition
no. B.
Carried
The Committee consented to consider Items 3, 4, and 5 together, and vote on each
application separately.
The Committee expressed' concerns regarding compatibility, roof pitch, lot
frontage and building height, and the proposed driveway entrance feature.
The Agent provided an explanation and acknowledged the Committee's
suggestion regarding the driveway feature and CYFS access.
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Thursday, November 9, 2017 Page 4 of 9
The Committee inquired about the concerns of the owner of 180 Kennedy
Street West, and suggested that staff and the applicant be required to meet
with Mr. Cinq-Mars to address any concerns regarding servicing.
Staff noted that a proposed trail had been identified, which would nun through
the subject lands and which was not included in the comments and conditions
of the staff report, and advised that the Applicant was agreeable to providing
an easement for a trail.
3. Minor Variance Applications: MV-2017-34A-C — Jessmar Group Ltd.
190 Kennedy Street West
The Applicant has submitted three applications.
MV-2017-34A is an application to allow a reduction in the minimum lot
frontage for construction of a two -storey detached dwelling. Section 7.2 of
the Zoning By-law requires a minimum lot frontage of 30.0 metres. The
Applicant is proposing a newly created lot with lot frontage of 10.1 metres;
thus requiring a variance of 19.9 metres (Lot 1);
MV-2017-34B is an application to allow an increase in the maximum
driveway width. Section 5.6.1(a)(ii) of the Zoning By-law permits a
maximum driveway width of 6.0 metres if lot frontage is greater than 9.0
metres and less than 18.0 metres. The Applicant is proposing a driveway
width of 11.7 metres; thus requiring a variance of 5.7 metres (Lot 1);
MV-2017-34C is an application to allow an increase in the maximum
building height to construct a two -storey detached dwelling. Section 7.2 of
the Zoning By-law permits a maximum height of 10.0 metres. The
Applicant is proposing to construct a detached dwelling unit with a building
height of 13.1 metres; thus requiring a variance of 3.1 metres (Lot 1).
Moved by Tom Plamondon
Seconded by Hank Gosar
1. That Minor Variance Application MV-2017-34A be APPROVED, subject to
the conditions contained in the report and the added condition no. 8; and
Committee of Adjustment Meeting Minutes No. 17-11
Thursday, November 9, 2017 Page 5 of 9
2. That staff and the Applicant meet with the owner of 180 Kennedy Street
West to address any concerns regarding servicing; and
3. That staff meet with the developer to determine whether an easement is
required for a section of trail.
Carried
Moved by Tom Plamondon
Seconded by Roy Harrington
1. That Minor Variance Application MV-2017-34B be APPROVED, subject to
the conditions contained in the report and the added condition no. 8; and
2. That staff and the Applicant meet with the owner of 180 Kennedy Street
West to address any concerns regarding servicing; and
3. That staff meet with the developer to determine whether an easement is
required for a section of trail.
Carried
Moved by Hank Gosar
Seconded by Roy Harrington
1. That Minor Variance Application MV-2017-34C be APPROVED, subject to
the conditions contained in the report and the added condition no. 8; and
2. That staff and the Applicant meet with the owner of 180 Kennedy Street
West to address any concerns regarding servicing; and
3. That staff meet with the developer to determine whether an easement is
required for a section of trail.
Carried
4. Minor Variance Applications: MV-2017-35A-B — Jessmar Group Ltd.
190 Kennedy Street West
The Applicant has submitted two applications:
MV-2017-35A is an application to allow a reduction in the minimum lot
frontage for construction of a two -storey detached dwelling. Section 7.2 of
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Thursday, November 9, 2017 Page 6 of 9
the Zoning By-law requires a minimum lot frontage of 30.0 metres. The
Applicant is proposing a newly created lot with lot frontage of 10.2 metres;
thus requiring a variance of 19.8 metres (Lot 2);
MV-2017-35B is an application to allow an increase In maximum building
height to construct a two -storey detached dwelling. Section 7.2 of the
Zoning By -Saw permits a maximum height of 10,0 metres. The Applicant is
proposing to construct a detached dwelling unit with a building height of
13.3 metres; thus requiring a variance of 3.3 metres (Lot 2);
Moved by Tom Plamondon
Seconded by Hank Gosar
1. That Minor Variance Application MV-2017-35A be APPROVED, subject to
the conditions contained in the report and the added condition no. 8; and
2. That staff and the Applicant meet with the owner of 180 Kennedy Street
West to address any concerns regarding servicing; and
3_ That staff meet with the developer to determine whether an easement is
required for a section of trail.
Carried
Moved by Tom Plamondon
Seconded by Hank Gosar
1. That Minor Variance Application MV-2017-35B be APPROVED, subject to
the conditions contained in the report and the added condition no. 8; and
2. That staff and the Applicant meet with the owner of 180 Kennedy Street
West to address any concerns regarding servicing; and
3. That staff meet with the developer to determine whether an easement is
required for a section of trail.
Carried
5. Minor Variance Applications: MV-2017-36A-C — Jessmar Group Ltd.
190 Kennedy Street West
Committee of Adjustment Meeting Minutes No. 17-11
Thursday, November 9, 2017 Page 7 of 9
The Applicant has submitted three applications:
MV-2017-36A is an application to allow a reduction in the minimum lot
frontage for construction of a two -storey detached dwelling. Section 7.2 of
the Zoning By-law requires a minimum lot frontage of 30.0 metres. The
Applicant is proposing a newly created lot with a lot frontage of 10.2
metres; thus requiring a variance of 19.8 metres (Lot 3);
MV-2017-36B is an application to allow an increase in the maximum
driveway width. Section 5.6.1(a)(ii) of the Zoning By-law permits a
maximum driveway with of 6.0 metres if lot frontage is greater than 9.0
metres and less than 18.0 metres. The Applicant is proposing a driveway
width of 12.0 metres; thus requiring a variance of 6.0 metres (Lot 3);
MV-2017-36C is an application to allow an increase in maximum building
height to construct a two -storey detached dwelling. Section 7.2 of the
Zoning By-law permits a maximum height of 10.0 metres. The Applicant is
proposing to construct a detached dwelling unit with a building height of
13.1 metres; thus requiring a variance of 3.1 metres (Lot 3).
Moved by Tom Plamondon
Seconded by Roy Harrington
That Minor Variance Application MV-2017-36A be APPROVED, subject to
the conditions contained in the report and the added condition no. 8; and
2. That staff and the Applicant meet with the owner of 180 Kennedy Street
West to address any concerns regarding servicing; and
3. That staff meet with the developer to determine whether an easement is
required for a section of trail.
Carried
Moved by Tom Plamondon
Seconded by Hank Gosar
1. That Minor Variance Application MV-2017-36B be APPROVED, subject to
the conditions contained in the report and the added condition no. 8; and
Committee of Adjustment Meeting Minutes No. 17-11
Thursday, November 9, 2017 Page 8 of 9
2. That staff and the Applicant meet with the owner of 180 Kennedy Street
West to address any concerns regarding servicing; and
3. That staff meet with the developer to determine whether an easement is
requ i red for a section of trail _
Carried
Moved by Hank Gosar
Seconded by Roy Harrington
1. That Minor Variance Application MV-2017-36C be APPROVED, subject to
the conditions contained in the report and the added condition no. 8; and
2. That staff and the Applicant meet with the owner of 180 Kennedy Street
West to address any concerns regarding servicing; and
3. That staff meet with the developer to determine whether an easement is
required for a section of trail_
Carried
6. Minor Variance Applications: MV-2017-37A-C — Russo
29 Mark Street
The Committee consented to consider Item 6 prior to consideration of Item 1.
The Applicant has submitted three applications to facilitate the construction of
a second -storey addition to the existing dwelling.
MV-2017-37A is an application to allow a reduction in the front yard
setback for a second -storey addition. Section 7.2 of the Zoning By-law
requires a minimum front yard setback of 6.0 metres. The Applicant is
proposing a front yard setback of 4.6 metres; thus requiring a variance of
1.4 metres;
• MV-2017-37B is an application to allow an increase in the maximum
projection for eaves. Section 4.20 of the Zoning By-law allows for a
maximum projection of 0.70 metres into any required yard for eaves. The
Applicant is proposing an eaves encroachment of 2.0 metres into the front
yard; thus requiring a variance of 1.30 metres;
Committee of Adjustment Meeting Minutes No. 17-11
Thursday, November 9, 2017
Page 9 of 9
MV-2017-37C is an application to allow a reduction in the minimum front
yard setback for steps and landings. Section 4.20 of the Zoning By-law
requires a minimum front yard setback of 4.5 metres for steps and
landings. The Applicant is proposing to construct steps and landing with a
front yard setback of 1.5 metres; thus requiring a variance of 3.0 metres.
The Chair read through the purpose of the applications. In attendance was the
Applicant.
Moved by Hank Gosar
Seconded by Tom Plamondon
1. That Minor Variance Application MV-2017-37A-C be APPROVED, subject
to the conditions contained in the report.
Carried
5. Adjournment
Moved by Tom Plamondon
That the meeting be adjourned at 8:33 p.m.
Confirmed in open session this 7th day of December, 2017.
f
Grace Mars , Committee Chair Justin Leung, Secretary -Treasurer