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MINUTES - Committee of Adjustment - 20181206AuRoRA Town of Aurora Committee of Adjustment Meeting Minutes No. 18-12 Council Chambers, Aurora Town Hall Thursday, December 6, 2018 Attendance Committee Members Tom Plamondon (Vice -Chair), Hank Gosar, Roy Harrington and David Mhango Regrets Grace Marsh (Chair) Other Attendees Antonio Greco, Secretary -Treasurer, and Matthew Peverini, Planner. The Chair called the meeting to order at 7:05 p.m. 1. Approval of the Agenda Moved by Roy Harrington Seconded by David Mhango That the agenda as circulated by the Secretary -Treasurer be approved. 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 of October 11, 2018 Meeting Number 18-10 and November 8, 2018 Meeting Number 18-11. Committee of Adjustment Meeting Minutes No. 18-12 Thursday, December 6, 2018 Page 2 of 9 Moved by David Mhango Seconded by Hank Gosar That the adoption of Committee of Adjustment meeting minutes from Meeting Number 18-10 be APPROVED. Carried That the adoption of Committee of Adjustment meeting minutes from Meeting Number 18-11 be APPROVED. Moved by Hank Gosar Seconded by Roy Harrington Carried 4. Fees The Applicant has submitted a request That Minor Variance Application: MV- 2018-33 — Momot & Marshall — 32 Wells Street be granted a waiver of the Application submission fee. In attendance was the Owner, Mr_ Igor Momot who provided a detailed overview in request of an Application fee waiver. In addition, the Applicant provided a background history with the construction of the ramp and dwelling. The Committee expressed that the fee waiver request will be addressed as a separate matter from the Minor Variance Application: MV-2018-33 — Momot & Marshall — 32 Wells Street. Furthermore, the Committee asked that Minor Variance Application: MV-2018-33 — Momot & Marshall — 32 Wells Street be moved to the first item under the Presentation of Applications sub -section. The Committee looked to the Applicant to confirm that the subject property was previously granted approval by the Committee of Adjustment, which led to design and construction errors by the Applicant, who is now requesting a fee waiver and the Applicant provided confirmation. The Applicant provided an explanation in support of his request of a fee waiver. Committee of Adjustment Meeting Minutes No. 18-12 Thursday, December 6, 2018 Page 3 of 9 The Committee looked to Staff to confirm whether the Minor Variance Application fees have been paid. Staff provided confirmation in response. In addition, the Committee inquired about the rise & fall of the accessibility ramp and whether there was an error in construction, and the Applicant provided clarification in response. The Committee inquired about the previous Minor Variance Application in 2017 and the proposed actions which were taken place by the Applicant and contractors. The Applicant provided additional clarification in response to the inquiry by Committee. Furthermore, the Committee inquired to Staff regarding the Town's protocol in processing fees for Planning Applications. Staff provided clarification in response. The Committee inquired on whether the previous Minor Variance Application contained a variance for the accessibility ramp. Staff provided clarification in response. The Committee inquired about the Application fee amount of a Minor Variance Application and Staff provided additional clarification in response. Moved by David Mhango Seconded by Roy Harrington 1. That Minor Variance Application MV-2018-33 be granted APPROVAL of a 50% Application Fee waiver. Carried 5. Presentation of Applications 1. Minor Variance Application: MV-2018-33 — Momot & Marshall — 32 Wells Street The Applicant has submitted a Minor Variance Application to permit an accessibility ramp to encroach into the front yard greater than the Zoning By- law permits: Committee of Adjustment Meeting Minutes No. 18-12 Thursday, December 6, 2018 Page 4 of 9 • MV-2018-33: To permit an accessibility ramp with a setback of 2.5m from the front lot line, thereby, requiring a variance of 2.0m. The Chair read through the purpose of the Application_ In attendance was the Applicant, Mr. Igor Momot, who did not provide any additional background to the Application. Staff provided clarification to Committee in addressing a clerical error with the site plan in regards to lot coverage and front yard setback. The Committee looked to the members of the public for comments on the subject Application. Mr. Blake Aspen from 40 Wells Street expressed concern with the inconsistency throughout the proposed site plans, as built drawings and grading plans. The Applicant provided clarification in regards to the finalization of the drawings in which will be provided to the Town. In addition, the Applicant stated that a financial security has been left with the Town of Aurora as final completion with grading on the property being conducted. Mr. Dave Presley from 85 Harrison Avenue expressed concern with the accessibility ramp to the home. Mr. Presley suggested that the ramp should be located at the back of the property instead. The Committee provided a response to the concerns brought forth by Mr. Presley. The Applicant provided additional clarification in response to the expressed concerns brought forth by Mr. Presley. Moved by Roy Harrington Seconded by Hank Gosar 1. That Minor Variance Application MV-2018-33 be APPROVED, with no conditions. Carried 2. Minor Variance Application: MV-2018-26 — Marsland — 77 Wellington Street East Committee of Adjustment Meeting Minutes No. 18-12 Thursday, December 6, 2018 Page 5 of 9 The Applicant has submitted a Minor Variance Application to construct a rear yard playground for the proposed daycare centre: • MV-2018-26: To permit a maximum of 8 parking spaces, thereby, requiring a variance of 5 parking spaces. The Chair read through the purpose of the Application and stated that the Application was deferred by the Applicant at the October 2018 meeting. In attendance was the Agent, Mr. Reza Reazy and the Transportation/Planning consultant Mr. Pirooz Davoodina, who provided a Power Point presentation to the Committee. The Committee looked to the members of the public for comments on the subject Application. Mr. Drew Brims from 91 Centre Street expressed multiple concerns with regards to traffic congestion within the area and the reduction in parking on the subject property. In addition, Mr. Brims inquired about the proposed variance and possibly linking it with the business, instead of the property. The Committee asked Staff whether an accessibility parking spot was required on the subject property, Staff provided clarification in response. In addition, the Committee inquired about the number of full time employees which are projected to work at the daycare. The Agent provided further clarification of the business model in response. The Committee expressed concern with the proxy site survey which was completed by the Consultant. The Consultant provided a comprehensive response in addressing the concerns by Committee. Furthermore, the Committee inquired about snow removal on the subject property, and the Consultant provided a response. Additionally, the Committee sought out clarification with regard to the number of daycare staff and the proposed use of Presto cards for full-time employees. The Agent and Consultant provided clarification in response. In addition, the Committee looked back to Staff in providing clarification in regards to an accessibility parking space to be included as one of the Committee of Adjustment Meeting Minutes No. 18-12 Thursday, December 6, 2018 Page 6 of 9 proposed parking spots. Staff confirmed that an accessibility parking space would be required. Mr. Brims expressed concern with the lack of an accessible parking spot shown within the proposed Site Plan_ The Committee provided a response in addressing Mr. Brims concern. In addition, the Committee expressed concern with the accessible parking spot and shortage of spots in relation. The Consultant provided clarification in supporting the proposal by the Applicant. The Committee inquired about the front yard playground on the subject property and the Agent provided a response accordingly. Furthermore, the Committee addressed vehicular access through the subject property. The Consultant provided additional clarification in response. The Committee inquired about the possible conditions which can be imposed on the Application. Committee looked to Staff in addressing the merits of the variance, on whether it would hold to the property or business. Staff provided clarification in response. Moved by Roy Harrington Seconded by Hank Gosar 1 _ That Minor Variance Application MV-2018-26 be REFUSED. Carried 3. Minor Variance Application: MV-2018-30 — Markangel Real Estate Assets Inc. —169 Edward Street Application has been withdrawn by the Applicant prior to the Committee of Adjustment meeting. 4. Minor Variance Application: MV-2018-31 —16-18 Mosley Aurora Inc.— 16 Mosley Street The Applicant has submitted a Minor Variance Application to allow "Day Care Centre' for the westerly building located on Lot 1: Committee of Adjustment Meeting Minutes No. 18-12 Thursday, December 6, 2018 Page 7 of 9 MV-2018-31: To permit "Day Care Centre" as a permitted use, thereby, requiring a variance. The Chair read through the purpose of the Application. In attendance was the Agent, Mr. Claudio Balbinot, from the Agora Research Group, representing the owners. The Agent provided a comprehensive overview of the Application. The Committee looked to Staff to provide information in regards to parking availability within the site. Staff provided clarification to the inquiry by Committee in response. The Committee inquired about the number of washrooms being provided within the building and Staff provided clarification in response. In addition, the Committee inquired about the heritage significance of the building and Staff provided clarification. Furthermore, the Committee inquired about the interior of the subject property and the amount of parking spaces available. The Agent provided clarification in response. In addition, the Committee inquired about the outdoor playground and the Agent provided a response. Committee also inquired about snow removal on the subject property. The Agent provided clarification in response to Committee. Moved by David Mhango Seconded by Hank Gosar 1. That Minor Variance Application MV-2018-31 be APPROVED, subject to conditions contained in the report. Carried 5. Minor Variance Application: MV-2018-32 —16-18 Mosley Aurora Inc. —16 Mosley Street Committee of Adjustment Meeting Minutes No. 18-12 Thursday, December 6, 2018 Page 8 of 9 The Applicant has submitted a Minor Variance Application to allow "Private School' for the westerly building located on Lot 1: • MV-2018-32: To permit "Private School" as a permitted use, thereby, requiring a variance. The Chair read through the purpose of the Application. In attendance was the Agent, Mr, Claudio Balbinot, from the Agora Research Group, representing on the behalf of the owners. The Agent provided a comprehensive overview of the Application. The Committee inquired about the bicycle parking spots on the property and Staff provided a response. In addition, Committee inquired about the function of the private school. The Agent provided clarification in response. Moved by Hank Gosar Seconded by David Mhango 1. That Minor Variance Application MV-2018-32 be APPROVED, subject to conditions contained in the report. Carried 6. New Business The Committee was informed that there Director of Planning & Development Services has left the Town of Aurora. The Committee further inquired about the 2019 Committee of Adjustment Meeting schedule and Staff provided clarification. Additionally. Committee inquired about the Henderson Drive Application status and Staff provided a response. 7. Adjournment Moved by David Mhango That the meeting be adjourned at 9:45 p.m_ Committee of Adjustment Meeting Minutes No. 18-12 Thursday, December 6, 2018 Page 9 of 9 Confirmed in open session this 61h day of December, 2018. Tom Plarr�ondon, Vice -Chair Antonio Greco, Secretary - Treasure r/Pla nn 1 ng Technician