BYLAW - ZBA 7 Cousins Drive Grossi OMB Order - 20170905 - 603317PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant and Appellant: Nunzio Grossi
Subject: Application to amend Zoning By-law No. 2213-78 -
Refusal of Application by the Town of Aurora
Existing Zoning: Detached Dwelling Second Density Residential (R2)
Zone
Proposed Zoning: Site specific (to be determined)
Purpose: To permit five new single detached lots with site
specific zoning
Property Address/Description: 7, 15, 19 Cousins Drive
Municipality: Town of Aurora
Municipality File No.: ZBA-2015-02
OMB Case No.: PL170685
OMB File No.: PL170685
OMB Case Name: Grossi v. Aurora (Town)
APPEARANCES:
Parties Counsel
Nunzio Grossi Self-represented
Town of Aurora Patricia DeSario
MEMORANDUM OF ORAL DECISION DELIVERED BY JUSTIN DUNCAN ON
NOVEMBER 2, 2017 AND ORDER OF THE BOARD
[1] This order follows from a settlement hearing that took place by Telephone
Conference Call (“TCC”) in relation to an appeal by Nunzio Grossi (“Appellant”) from the
Ontario Municipal Board
Commission des affaires municipales
de l’Ontario
ISSUE DATE: November 22, 2017 CASE NO(S).: PL170685
Heard: November 2, 2017 by telephone conference call
2 PL170685
Town of Aurora (“Town”) refusal of an application to amend Zoning By-law No. 2213-78
to permit the development of five new single detached dwellings on lots with site
specific zoning.
[2]The parties entered into Minutes of Settlement that revise the Appellant’s
application and attach a draft Zoning By-law Amendment. The Minutes of Settlement
and an expert planning report prepared by the Appellant’s Planner, Michael Manett,
were filed with the Board prior to the TCC.
[3] During the TCC, Mr. Manett provided an overview of his Planning Report, the
Minutes of Settlement and the Zoning By-law Amendment that the parties have agreed
to. Mr. Manett’s report explains that the application relates to three residential lots
known as 7, 15 and 19 Cousins Drive and that the surrounding neighbourhood is
comprised of single detached dwellings of various types and lot sizes.
[4]Mr. Manett’s report explains that the original application submitted to and
rejected by the Town was to create five residential lots from the three existing lots to
accommodate single detached dwellings. The report explains that the revised
application proposes a Zoning By-law Amendment that would allow for the severance of
7 Cousins Drive and leave 15 and 19 Cousins Drive intact, while establishing site
specific zoning standards on the severed and retained lots. It was explained that the
Appellant will still need to apply to the Town’s Committee of Adjustment for approval for
consent to sever 7 Cousins Drive should the Zoning By-law Amendment be approved.
[5]Mr. Manett’s report provides a fulsome planning opinion on the proposed Zoning
By-law Amendment agreed upon by the parties. He opines that the proposed Zoning
By-law Amendment is consist with and conforms with applicable provincial policy
contained in the Provincial Policy Statement, 2014 and the Growth Plan for the Greater
Golden Horseshoe 2017 respectively, that it meets the requirements of the Planning Act
for a Zoning By-law that would facilitate a consent to sever, and that it is consistent with
the policies contained in the Town’s Official Plan.
3 PL170685
[6]On behalf of the Town, Ms. DeSario explained that the Town’s planning staff
prepared the Zoning By-law Amendment that is attached to the Minutes of Settlement
and that planning staff were fully supportive of the revised proposal.
[7] Having considered the settlement reached between the parties and the
uncontested expert planning evidence filed by Mr. Manett on behalf of the Appellant, the
Board allowed the appeal in part and approved the Zoning By-law Amendment attached
to the Minutes of Settlement as Schedule “B”. The Board further ordered that the Clerk
of the Town may attach a Zoning By-law number to the Zoning By-law Amendment as
necessary for administrative purposes.
[8] Finally, the Board noted that although it will attach the Minutes of Settlement in
its entirety to this order that the Board has not approved the Minutes of Settlement as
they are a private agreement between the parties. Rather, the Board has only approved
the Zoning By-law Amendment attached to the Minutes of Settlement.
“Justin Duncan”
JUSTIN DUNCAN
MEMBER
If there is an attachment referred to in this document,
please visit www.elto.gov.on.ca to view the attachment in PDF format.
Ontario Municipal Board
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
Case No. PL170685
MINUTES OF SETTLEMENT dated this 20_" day of October, 2017.
BETWEEN:
NUNZIO GROSSI
(the "Developer")
-and-
THE CORPORATION OF THE TOWN OF AURORA
(the "Town")
WHEREAS the Developer is the registered owner of the freehold interest in the lands and
premises known municipally as 7, 15 and 19 Cousins Drive, in the Town of Aurora, which
are more particularly described in Schedule "A" attached to these Minutes of Settlement
(collectively referred to as the "Subject Lands");
AND WHEREAS the Subject Lands comprise of three (3) lots having a total site area of
2660 square metres; a frontage of 55.41 metres; and containing three (3) single detached
dwellings, each with driveway access to Cousins Drive;
AND WHEREAS the Subject Lands are designated under the Town's Official Plan as
"Stable Neighbourhoods" which permits, subject to criteria, ground -related residential
uses including detached, semi-detached and townhouse residential dwellings;
AND WHEREAS the Subject Lands are zoned under the Town's Zoning By-law No. 2213-
78, as amended, as Detached Dwelling Second Density Residential ("R2") which permits
a single detached residential dwelling and a home occupation;
AND WHEREAS the Developer filed an application for re -zoning with the Town to permit
the development of the Subject Lands for four (4) new two -storey single detached
dwelling units with double car garages, with the existing two -storey dwelling at 7 Cousins
Drive to remain, for a total of five (5) dwellings;
AND WHEREAS the application was refused by the Town at the meeting of Council held
on March 22, 2017;
AND WHEREAS the Developer has appealed the decision of the Town to refuse the
application for re -zoning to the Ontario Municipal Board ("the Developer's Appeal") which
appeal will be considered under OMB Case No. PL170685;
AND WHEREAS the Town and the Developer used the dispute resolution techniques as
provided for in section 34(11.0.0.1) of the Planning Act in an attempt to resolve the
dispute;
AND WHEREAS the Developer subsequently proposed a revised rezoning application
for the Subject Lands to permit two (2) new two -storey single detached dwelling units with
double car garages at 7 Cousins Drive, with the existing dwellings at 15 and 19 Cousins
Drive to remain, for a total of four (4) dwellings;
AND WHEREAS the Developer and the Town have, in good faith, agreed to resolve their
differences relative to the Developer's Appeal in accordance with the terms as set out by
these Minutes of Settlement.
NOW THEREFORE WITNESSETH THAT in consideration of the sum of two dollars
($2.00) of lawful money of Canada, now paid by each party to the other, the mutual
covenants herein, and other good and valuable consideration (the receipt and sufficiency
of which is acknowledged), the parties agree upon a full and complete settlement in
respect of all matters arising from the Developer's Appeal on the following terms and
conditions:
The parties confirm that the foregoing recitals are true and correct and form part of
these Minutes of Settlement.
2. Pursuant to the settlement of the Developer's Appeal, the Town and the Developer
agree that the development of the Subject Lands will be revised to provide for the
re -zoning and development of 7 Cousins Drive, being the portion of the Subject
Lands described on Schedule "A" as Detached Dwelling Second Density
Residential, subject to development standards set forth within an Exception Zone,
permitting a minimum lot frontage of 10.5 metres and with side yard setbacks of 1.2
metres to allow the lot to be severed into two (2) lots as set forth in the Settlement
Zoning By-law attached as Schedule "B".
3. The following is a list of the schedules to these Minutes of Settlement which shall
form part of these Minutes of Settlement for all purposes:
Schedule "A" Legal Description of the Subject Lands; and
Schedules "B" Settlement Zoning By-law.
4. The Town agrees that its staff will support any proposed Committee of Adjustment
application for the Lands based on Schedule "B" respecting the creation of one (1)
additional lot on the portion of the Lands municipally known as 7 Cousins Drive. The
parties acknowledge and agree that nothing in these Minutes of Settlement shall
fetter the discretion of the Town's Committee of Adjustment to approve such
application and that nothing in these Minutes of Settlement abrogates from the rights
pursuant to the Planning Actto appeal any related decision of the Town's Committee
of Adjustment. The parties further agree that they shall bear their own costs of any
related appeals of such application to the Ontario Municipal Board.
5. These Minutes of Settlement shall be conditional upon the issuance of a final order
by the Ontario Municipal Board (the "Board") approving the Settlement Zoning By-
law substantially in the form as attached as Schedule "B" to these Minutes of
Settlement.
6. For the purpose of requesting the order from the Board referred to in Section 5 of
these Minutes of Settlement, the parties shall cooperate with each other as may
reasonably be required for the purpose of calling evidence and presenting closing
submissions before the Board in support of the settlement.
7. The parties agree that there shall be no request made to the Board by any party to
these Minutes of Settlement against another party to these Minutes of Settlement
for an Order as to costs unless such other party is in breach of its obligations under
these Minutes of Settlement.
8. The Developer acknowledges and agrees that, notwithstanding these Minutes of
Settlement, it shall continue to be required to comply with the applicable in -force by-
laws and policies of the Town of Aurora pertaining to the payment of development
charges and payment of cash in lieu of conveyance of land for park purposes.
9. The parties agree that all parties are contractually bound and that the provisions of
these Minutes of Settlement are enforceable by civil action should a party be in
breach of these Minutes of Settlement.
10. The parties acknowledge and consent to these Minutes of Settlement being filed
with the Board at the commencement of the OMB telephone conference call
scheduled for November 2, 2017 to deal with the Developer's Appeal.
11. The parties agree that all of the covenants, rights, duties, provisions, conditions and
obligations contained in these Minutes of Settlement shall enure to the benefit of
and be binding upon each party and their respective successors and assigns.
12. These Minutes of Settlement and all other documents to be executed and delivered
pursuant to these Minutes of Settlement constitute the entire agreement between
the parties as to the matters dealt with in these Minutes of Settlement and supersede
all prior negotiation and understandings. There is no representation, warranty,
collateral agreement or condition which affects these Minutes of Settlement other
than as expressed herein. Any amendment to these Minutes of Settlement or waiver
of any provision of these Minutes of Settlement must be in writing and signed by the
parties.
13. The Developer agrees to require any purchaser (except the end user) of the Subject
Land, or any part thereof, to enter into an agreement assuming the obligation of the
Developer under these Minutes of Settlement and to provide a fully executed original
of such agreement to the Town, in a form and content satisfactory to the Town
Solicitor acting reasonably, prior to the conveyance of the said lands, or part thereof,
to the purchaser.
14. Any notice required by these Minutes of Settlement shall be sent by registered mail
or by email to:
Nunzio Grossi
Address:? Cousins Drive Aurora, Ontario L4G 1 B2
Email: nunziogtrossi@hotmail.com
The Corporation of the Town of Aurora
100 John West Way, P.O. Box 100
Aurora, Ontario L4G 6J1
Attention: Town Solicitor
Email: pdesario@aurora.ca
Fax: (905) 726-4758
The parties agree to notify each other immediately, in writing, of any changes of
address or of facsimile number from those set out above.
16. The Developer acknowledges and agrees that prior to executing these Minutes of
Settlement, it has obtained or had a reasonably opportunity to obtain independent
legal advice with respect to these Minutes of Settlement.
17. These Minutes of Settlement may be executed in several parts of the same form
and such parts as so executed shall together form one original of these Minutes of
Settlement and such parts shall be read together and construed as if all the signing
parties had executed one copy of these Minutes of Settlement. Executed
counterparts may be delivered by email or facsimile transmission.
IN WITNESS WHEREOF the parties have executed these Minutes of Settlement.
WITNE3W.
NameNUNZIO SSI
Address:
Report No.: T _fit
Authorization By-law No.:
enacted by Town of Aurora Counci
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on the ,L day of `� 0-1-, 20
THE CORPORATION OF THE
TOWN OF AURORA
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Michael De Rond
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We have the authority to bind the Corporation
SCHEDULE "A" — LEGAL DESCRIPTION OF THE SUBJECT LANDS
Firstly, being Lot 25, Plan 340; Aurora (PIN 03647-0004 LT), municipally known as 7
Cousins Drive, Aurora;
Secondly, being Lot 26, Plan 340; Aurora (PIN 03647-0005 LT), municipally known as
15 Cousins Drive, Aurora; and
Thirdly, being Lot 27, Plan 340; Aurora (PIN 03647-0006 LT), municipally known as 19
Cousins Drive, Aurora.
SCHEDULE "B" — SETTLEMENT ZONING BY-LAW
The Corporation of the Town of Aurora
By-law Number XXXX-17
Being a By-law to amend Zoning By-law Number 2213-78, as amended,
respecting the lands municipally known as
7 Cousins Drive (Grossi).
Whereas under section 34(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended
(the "Planning Act"), zoning by-laws may be passed by the councils of local
municipalities to prohibit and regulate the use of land, buildings and structures;
And whereas the Council of The Corporation of the Town of Aurora (the "Town") enacted
By-law Number 2213-78, as amended;
And whereas on Month, Day, Year, the Ontario Municipal Board issued an Order,
under OMB Case No. PL170685, approving an amendment to the Zoning By-law
respecting the lands municipally known as 7 Cousins Drive, following an appeal
pursuant to section 34(11) of the Planning Act;
Now therefore the Zoning By-law is amended by the Ontario Municipal Board as
follows:
That the Zoning By-law be and is hereby amended to replace the "Detached
Dwelling Second Density Residential R2 Zone" zoning category applying to the
lands shown in hatching on Schedule "A" attached hereto and forming part of this
By-law with "Detached Dwelling Second Density Residential (R2-127) Exception
Zone" and "Detached Dwelling Second Density Residential (R2-128) Exception
Zone".
2. That the Zoning By-law be and is hereby amended to add the following:
"11.129 DETACHED DWELLING SECOND DENSITY RESIDENTIAL (R2-
127) EXCEPTION ZONE
11.129.1 Uses Permitted
In accordance with Section 11.1 hereof.
11.129.2 Zone Re uirements
11.129.2.1 Lot Specifications
Lot Frontage (minimum) 10.5 metres
11.129.2.2 Siting Specifications
Interior Side Yard (minimum) 1.2 metres
11.129.3 Accessory Buildings and Uses
11,129.3.1 Notwithstanding the provisions of Section 4.1.1, setbacks for
Accessory Buildings or structures shall be as follows:
Interior Side Yard (minimum) 0.5 metres
Rear Yard (minimum) 0.6 metres
11.129.4 Yard Encroachments Permitted
11.129.4.1 Notwithstanding the provisions of Section 6.48.1, yard projections
for accessory buildings or structures shall be as follows:
Structure
Yard
Maximum Proiection
eaves
westerly interior side
and
0.4 metres
rear yard
0.55 metres
11.130 DETACHED DWELLING SECOND DENSITY RESIDENTIAL (R2-
128) EXCEPTION ZONE
11.130.1 Uses Permitted
In accordance with Section 11.1 hereof.
11.130.2 Zone Requirements
11.130.2.1 Lot Specifications
Lot Frontage (minimum) 12.5 metres
11.130.2.2 Siting Specifications
Interior Side Yard (minimum) 1.2 metres"
Pursuant to the Order of the Ontario Municipal Board issued on the day
of November, 2017, under OMB Case No. PL170685.
Schedule "A"
Town of Aurora
The Regional Municipality of York
Location: Lots 25, Plan 340
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