MINUTES - Committee of Adjustment - 20180111AURORA
Town of Aurora
Committee of Adjustment Meeting Minutes
No. 18-01
Council Chambers, Aurora Town Hall
Thursday, January 11, 2018
Attendance
Committee Members Grace Marsh (Chair), Tom Plamondon (Vice -Chair), Hank
Gosar (arrived 7:23 p.m.), David Mhango, and Roy Harrington
Regrets None
Other Attendees Justin Leung, Secretary -Treasurer, Marty Rokos, Planner, and
Linda Bottos, Council/Committee Secretary
The Chair called the meeting to order at 7:02 p.m.
1. Approval of the Agenda
Moved by Tom Plamondon
Seconded by Roy Harrington
That the agenda as circulated by the Secretary -Treasurer be approved, with the
exception that Item 4 will be considered prior to consideration of Item 1.
Carried
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. 18-01
Thursday, January 11, 2018 Page 2 of 7
Committee of Adjustment Meeting Minutes of November 9, 2017
Meeting Number 17-11
Moved by Roy Harrington
Seconded by Tom Plamondon
That the Committee of Adjustment meeting minutes from Meeting Number 17-11
be adopted as amended.
Carried
Committee of Adjustment Meeting Minutes of December 7, 2017
Meeting Number 17-12
Moved by David Mhango
Seconded by Roy Harrington
That the Committee of Adjustment meeting minutes from Meeting Number 17-12
be adopted as printed and circulated.
Carried
4. Presentation of Applications
1. Minor Variance Applications: MV-2017-45A-D — Mogadasian
1940 Vandorf Sideroad
The Committee consented to consider Item 1 following consideration of Item 4 under
Approval of the Agenda.
The Applicant has submitted four applications:
MV-2017-45A is an application to allow the construction of a detached
dwelling within Oak Ridges Moraine -zoned lands. Section 14.4.3(i) of the
Zoning By-law states that no development or site alteration shall occur on
Category 1 and Category 2 lands without an amendment or relief of the
Zoning By-law. The Applicant is proposing to construct a detached
dwelling within a Category 2 Landform Conservation Area; thus requiring a
Variance from this provision of the By-law;
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Thursday, January 11, 2018 Page 3 of 7
MV-2017-45B is an application to allow the construction of a detached
dwelling within Oak Ridges Moraine -zoned lands. Section 17.1 of the
Zoning By-law does not include detached dwelling as a permitted use. The
Applicant is proposing to construct a detached dwelling; thus requiring a
Variance to allow as a permitted use;
• MV-2017-45C is an application to allow the construction of a detached
dwelling within Oak Ridges Moraine -zoned lands. Section 17.1.3 of the
Zoning By-law states that new single residential dwellings and related
accessory uses on existing lots will only be permitted through a Minor
Variance or Zoning By-law Amendment. The Applicant is proposing to
construct a detached dwelling on the existing lot; thus requiring a Variance
to permit construction;
MV-2017-45D is an application to allow an increase in building height.
Section 17.1.1 of the Zoning By-law allows a maximum building height of
10.0 metres. The Applicant is proposing to construct a detached dwelling
with a height of 13.9 metres; thus requiring a Variance of 3.9 metres.
The Chair read through the purpose of the applications. In attendance was the
Agent, Mr. Brian Whitehead, Engineer, on behalf of the Applicant.
Mr. Whitehead provided background information and noted the Applicant's
intent to site the new dwelling in the least sensitive area of the property and
retain as many trees as possible. He indicated that there were no objections
to the conditions outlined in the report.
The Committee inquired about the report's Supplementary Information
regarding the Ministry of Transportation request that an MTO Building and
Land Use permit be obtained prior to commencement of any on -site
construction/works, and staff provided clarification.
The Committee further inquired about tree replanting, infiltration and run-off,
and the Agent provided a response.
Moved by Tom Plamondon
Seconded by David Mhango
Committee of Adjustment Meeting Minutes No. 18-01
Thursday, January 11, 2018 Page 4 of 7
1. That Minor Variance Application MV-2017-45A-D be APPROVED, subject
to the conditions contained in the report and an additional, fifth condition:
"5. That the owner be required to obtain a Ministry of Transportation
(MTO) Building and Land Use permit prior to the issuance of a
Building Permit from the Town of Aurora."
Carried
2. Minor Variance Applications: MV-2017-46A-B -- Azzaro
36 Mendy's Forest
The Applicant has submitted two applications:
MV-2017-46A is an application to allow a reduction in the rear yard
setback to construct a one -storey addition (sunroom). Section 7.2 of the
Zoning By-law requires a minimum rear yard setback of 7.5 metres. The
Applicant is proposing to construct a one -storey addition which has a rear
yard setback of 6.9 metres; thus requiring a Variance of 0.6 metres;
MV-2017-46B is an application to allow an increase in the eaves projection
to construct a one -storey addition (sunroom). Section 4.20 of the Zoning
By-law allows a maximum projection of 0.70 metres into any required yard.
The Applicant is proposing an eaves encroachment of 0.78 metres into the
rear yard; thus requiring a Variance of 0.08 metres.
The Chair read through the purpose of the applications. In attendance was the
Agent, Ms. Alexandra Hodis of Four Seasons Sunrooms, on behalf of the
Applicant.
Ms. Hodis reviewed the application and indicated that there were no objections
to the conditions outlined in the report.
The Committee inquired about the eaves projection encroachment and
sunroom, and staff and the Agent provided clarification.
Moved by Hank Gosar
Seconded by Roy Harrington
Committee of Adjustment Meeting Minutes No. 18-01
Thursday, January 11, 2018 Page 5 of 7
1. That Minor Variance Application MV-2017-46A-B be APPROVED, subject
to the conditions contained in the report.
Carried
3. Consent Application: C-2017-10 — 2567086 Ontario Inc.
100 Tyler Street and 34-46 George Street
The Applicant has submitted an application to sever the subject lands to create
an additional lot with frontage onto Tyler Street.
The Chair read through the purpose of the application and noted that a letter
had been received today from Ms. Cindy Skillins, which was distributed to the
Committee. In attendance was the Agent, Ms. Angela Sciberras of Macaulay
Shiomi Howson Ltd., Planning Consultant on behalf of the Applicant.
Ms. Sciberras provided background information and an overview of the
application, noting that the Applicant intends to demolish and replace the
existing single -storey bungalow with a two -storey single detached dwelling,
which would be in full compliance with the Zoning By-law standards. She
indicated that there were no objections to the conditions outlined in the report.
Mr. Emil Simon, owner of 9 Harriman Road, expressed concern regarding a
large tree overhanging his property from the subject lands and requested its
removal. The Agent indicated that she would communicate with Mr. Simon
toward resolving this matter. Mr. Simon inquired about the common ownership
of the subject lands, which was confirmed by the Chair and staff.
Mr. Chris Cameron, owner of 13 Harriman Road, expressed concern regarding
a tree that had fallen from the subject lands into his backyard, which had not
yet been removed. The Chair noted that this matter would be resolved
through one of the report conditions, which requires work to be carried out by
an Arborist/Forester. Mr. Cameron requested clarification regarding the
proposed severance, and the Chair, staff, and Agent provided a response.
Ms. Susan Hallworth, owner of 96 Tyler Street, inquired'about whether the
subject lands are in a floodplain, and expressed concern regarding water
pressure in relation to the size of the proposed new dwelling. Staff confirmed
that the subject lands are not located in a floodplain, noting that there is a
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Thursday, January 11, 2018 Page 6 of 7
fioodplain nearby to the north and west of the property. Staff agreed to supply
Ms. Hallworth with the appropriate Town staff contact information in order to
address the water pressure concerns.
Ms. Sandy Bever, owner of 86 Tyler Street, inquired about the fence line at the
rear of the four lots facing George Street and whether the fence would be
opened up. The Agent agreed to confirm the Applicant's intent.
The Committee requested a response to the letter from Ms. Cindy Skillins
regarding an alleged underground water course below 100 Tyler Street. Staff
indicated that they were not aware of any information regarding an
underground stream on the subject lands.
The Committee inquired about a previous development proposal for the
subject property, and staff confirmed that an application proposal was
considered by Council in October 2017, which was not accepted by Council.
The Committee inquired about the report's Supplementary Information
regarding building height and design for the proposed dwelling within a
Heritage Resource Area, and staff confirmed that the property is not listed or
designated and no conditions were attached to the report.
Moved by David Mhango
Seconded by Tom Plamondon
1. That Consent Application C-2017-10 be APPROVED, subject to the
conditions contained in the report; and
2. That staff investigate the letter from Ms. Cindy Skillins and circulate
the letter to the Lake Simcoe Region Conservation Authority for a
response.
Carried as amended
4. Minor Variance Applications: MV-2017-41A-D — Hadcock
14014 Bayview Avenue
The Committee consented to consider Item 4 prior to consideration of Item 1 under
Approval of the Agenda.
Committee of Adjustment Meeting Minutes No. 18-01
Thursday, January 11, 2018 Page 7 of 7
The Applicant has submitted four applications to allow the construction of a
detached garage.
The Applicant, Mr. Daniel Hadcock, noted that staff had requested that this
Item be deferred due to omitted information.
Motion to defer
Moved by Tom Plamondon
Seconded by David Mhango
1. That Minor Variance Application MV-2017-41A-D be DEFERRED to a
future meeting.
5. New Business
None
6. Adjournment
Moved by Tom Plamondon
That the meeting be adjourned at 8:21 p.m.
Motion to defer
Carried
Confirmed in open session this 81" day of February, 2018.
7/m
Justin Leung, Secretary -Treasurer