Agenda - Committee of Adjustment - 20220811Town of Aurora
Committee of Adjustment
Meeting Agenda
Date:Thursday, August 11, 2022
Time:7:00 p.m.
Location:Video Conference
Aurora Council and Committee meetings are live streamed on the Town’s YouTube Channel. For
information on how to participate in this meeting please visit aurora.ca/participation.
Pages
1.Call to Order
2.Land Acknowledgement
3.Approval of the Agenda
That the Agenda as circulated by the Secretary-Treasurer be approved.
4.Declarations of Pecuniary Interest and General Nature Thereof
5.Receipt of the Minutes
5.1.Committee of Adjustment Meeting Minutes of July 14, 2022, Meeting
Number 22-07
That the Committee of Adjustment Minutes from Meeting Number 22-07
be adopted as circulated.
6.Presentation of Applications
6.1.MV-2022-23 - Antecol – 43 Watts Meadow 1
6.2.MV-2022-25 – Reali – 64 Conover Ave 8
6.3.MV-2022-26 - Aurora (HGD) Inc. - 21 Golf Links Drive, Lot 69 17
6.4.MV-2022-29 - Aurora (HGD) Inc. - 21 Golf Links Drive, Lot 92 28
6.5.MV-2022-27 - Aurora (HGD) Inc. - 21 Golf Links Drive, Lot 86 39
6.6.MV-2022-28 - Aurora (HGD) Inc. - 21 Golf Links Drive, Lot 57 53
6.7.MV-2022-30 - Aurora (HGD) Inc. - 21 Gold Links Drive, Lot 107 67
7.New Business
8.Adjournment
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 2 -23
_______________________________________________________________________________________
Subject: Minor Variance Application
Antecol
43 Watts Meadow
PLAN 65M3220 LOT 11
File: MV-2022-23
Prepared by: Kenny Ng, Planner
Department: Planning and Development Services
Date: August 11, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to facilitate a driveway expansion
at the street line for a detached dwelling.
The following relief is being requested:
a) Section 5.6.1(a)(iii) of the Zoning By-law allows a maximum driveway width of 10.0
m if the lot frontage is 18.0 m or greater, with the exception that the maximum
driveway width at the street line shall not exceed 6.0 m . The applicant is proposing
a driveway width of 10.0 m at the street line.
Background
Subject Property and Area Context
The subject lands are municipally known as 43 Watts Meadow and are located on the
north side of Watts Meadow, west of Seaton Drive. The subject lands have an
approximate lot area of 781.5 m2 (8,412 ft2), and an approximate lot frontage of 22.25 m
(73 ft). The subject lands currently contain a one-storey single-detached dwelling with an
approximate gross area of 201.9 m2 (2,173 ft2), and a driveway. A tree in the front yard
and vegetation also exists on the subject lands.
Page 1 of 80
August 11, 2022 2 of 6 Report No. MV-2022-23
Surrounding Land Uses
The surrounding area is an established residential neighbourhood that is generally
characterized by one and two-storey single detached dwellings.
Proposal
The applicant is requesting a variance to accommodate a widening of the existing
driveway, which would increase the width at the street line to 10.0 m (32.8 ft).
Official Plan
The subject property is designated “Stable Neighbourhoods” by the Town of Aurora’s
Official Plan, which seeks to ensure that residential neighbourhoods are protected from
incompatible forms of development, while allowing the neighbourhoods to be enhanced
over time. Further, the Stable Neighbourhoods designation provides for single detached
dwellings as a permitted use.
Zoning
The subject property is zoned R3 (Detached Third Density Residential Zone) by Zoning
By-law 6000-17, as amended, which permits single detached dwellings.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building
Division. The PZR identified the required variances, and no other non-compliance was
identified.
Applicant’s stated reason(s) for not complying with the Zoning By-law
As stated on the submitted cover letter,
“The primary reason behind our minor variance application is to address
various mobility issues with several family members. … Transport is done via
the various York Regions Ambu-Transport service providers. Ideally having the
widened access in the front as the grade pitch to a handicapped person is
more challenging and anything we may do to assist loading and unloading to
the front door as close as possible.”
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2022-23 pursuant to the
prescribed tests as set out in Section 45 (1) of the Planning Act, as follows:
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August 11, 2022 3 of 6 Report No. MV-2022-23
a) The proposed variance meets the general intent of the Official Plan
The subject property is located within a residential neighbourhood that was developed
prior to the passing of Zoning By-law 6000-17, as amended. The existing driveway
width at the street line is 6.0 m (19.7 ft). Currently, the existing driveway includes an
asphalt portion and a soldier stone portion, which constituents as a walkway to the
front door. It is the opinion of staff that the additional 4.0 m (13.2 ft) extension of the
existing driveway will create no adverse impact on the streetscape and is in keeping
with the established character of the neighbourhood.
Staff are of the opinion that the requested variance meets the general intent of the
Official Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The intent of the Zoning By-law maximum driveway width is to ensure that the driveway
would not dominate the front yard and to assist in achieving a uniform, aesthetically
pleasing streetscape. The subject property has a sufficient lot frontage and front yard
that can accommodate the requested driveway width without compromising the area
for soft landscaping in the front yard nor the parking requirements for a single
detached dwelling. No sightline or visibility concerns, nor streetscape impedance are
raised as a result of the additional driveway width.
Staff are of the opinion that the requested variance meets the general intent of the
Zoning By-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
The requested variance maintains the functionality of the garage, availability of parking
spaces on the driveway, and will continue to maintain an attractive streetscape.
Additionally, as cited from the cover letter, the additional driveway space will help aide
the owners’ accessible mobility challenges of maneuvering around assisted travel
vehicles.
Staff are of the opinion that the requested variance is considered desirable for the
appropriate development of the property.
d) The proposed variance is considered minor in nature
There is minimal impact as a result of the proposed variance, as the proposed driveway
width is in keeping with the established character of the neighbourhood and will not
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August 11, 2022 4 of 6 Report No. MV-2022-23
negatively impact the attractiveness of the street. No adverse impacts on streetscape,
surrounding character of the community or adjacent properties are anticipated.
Staff are of the opinion that the requested variance is minor in nature.
Additional Comments
The minor variance application was circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Department or Agency
Comments
Building Division
Preliminary Zoning Review was completed on June
24, 2022 to confirm the variance required for the
proposed development.
Engineering Division
Comments provided stating no comments/concerns
with proposed application (dated July 19, 2022).
Operational Services (Parks)
Comments provided stating no comments/concerns
with proposed application (dated July 29, 2022).
Operational Services
(Public Works)
No comments received at the time of writing this
report.
Central York Fire Services
No comments received at the time of writing this
report.
York Region
Comments provided stating no comments/concerns
with proposed application (dated July 18, 2022).
LSRCA
No comments received at the time of writing this
report.
Alectra
Comments provided stating no objections to its
approval, subject to comments in letter (dated July
19, 2022)
Public Correspondence
Page 4 of 80
August 11, 2022 5 of 6 Report No. MV-2022-23
Written submissions were not received at the time of writing of this report. Should written
submissions be received after the writing of this report, the Secretary Treasurer will
provide the submission(s) to Committee members at the meeting.
Conclusion
Planning staff have reviewed the application with respect to the Section 45(1) of the
Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested
variance meets the four tests the Planning Act for granting of minor variances. Please
refer to Appendix ‘A’ for recommended conditions of approval for the requested variance.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 5 of 80
August 11, 2022 6 of 6 Report No. MV-2022-23
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2022-23 be
approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in subst antial conformity
with the plan(s) attached as ‘Appendix B’ to this Staff Report, with respect to the
location and configuration of the driveway, to the satisfaction of the Director of
Planning and Development Services or designate.
Page 6 of 80
Jun. 28, 2022DATE:
TOWN OF AURORA
PLANNING AND DEVELOPMENT SERVICES
Development Planning Division
RECEIVED
1SUBMISSION No.
Appendix B
Appendix ‘B’ - Site Plan
Page 7 of 80
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 2 -25
_______________________________________________________________________________________
Subject: Minor Variance Application
Reali
64 Conover Avenue
PLAN 65M3851 LOT 31
File: MV-2022-25
Prepared by: Kenny Ng, Planner
Department: Planning and Development Services
Date: August 11, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to facilitate the construction of a
green house addition to the rear of the existing single detached dwelling.
The following relief is being requested:
a) Section 24.307.1.2 of the Zoning By-law requires a minimum rear yard setback of 6.0
m. The applicant is proposing a one-storey green house addition, which is 3.3 m to
the rear property line.
b) Section 24.307.1.3 of the Zoning By-law allows maximum 45.0% lot coverage for two
storeys building. The applicant is proposing 47.8% lot coverage with the addition.
Background
Subject Property and Area Context
The subject lands are municipally known as 64 Conover Avenue and are located on the
north of Wellington Street, west of Conover Avenue. The subject lands have an
approximate lot area of 288.8 m2 (3,109 ft2), and an approximate lot frontage of 10.7 m
(35 ft). The subject lands currently contain a two-storey single-detached dwelling with an
Page 8 of 80
August 11, 2022 2 of 7 Report No. MV-2022-25
approximate gross area of 210 m2 (2,259 ft2), and a driveway. A tree in the front yard and
vegetation also exist on the subject lands.
Surrounding Land Uses
The surrounding area is an established residential neighbourhood that is gener ally
characterized by low and medium density residential dwellings.
Proposal
The applicant is requesting the variances to accommodate a greenhouse shed addition
with a gross floor area of 8.4 m2 (90 ft2) to the rear of the existing single detached
dwelling, which would reduce the rear yard setback to 3.3 m and increase the lot coverage
to 47.8%.
Official Plan
The subject property is designated ‘Low-Medium Density Residential’ by the Town of
Aurora Official Plan (OPA 30). Single detached dwellings are permitted by the Official
Plan.
Zoning
The subject property is zoned R5(307) (Detached Fifth Density Residential Exception
Zone) by Zoning By-law 6000-17, as amended, which permits single detached dwellings.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building
Division. The PZR identified the required variances and no other non-compliance was
identified.
Applicant’s stated reason(s) for not complying with the Zoning By-law
The applicant has not provided a stated reason for not complying with the Zoning By-law
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2022-25 pursuant to the
prescribed tests as set out in Section 45 (1) of the Planning Act, as follows:
a) The proposed variance meets the general intent of the Official Plan
Page 9 of 80
August 11, 2022 3 of 7 Report No. MV-2022-25
The variances requested are not anticipated to have any negative impact on the
character of the existing residential neighbourhood. The proposed greenhouse
addition is proposed be located in the rear yard and therefore screened from public
view, thus will create minimal disruption on the streetscape and is in keeping with the
surrounding context of the neighbourhood.
Staff are of the opinion that the requested variances meet the general intent of the
Official Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The intent of the rear yard setback requirement is to ensure that adequate separation
is provided between buildings on abutting properties. Furthermore, staff are also
mindful of any potential negative impacts to neighbouring properties from a privacy
standpoint in regards to abutting rear yard amenity space.
Staff notes that the variance applies only to a portion of the rear yard in the southwest
corner of the subject property and not to the entire rear yard as the variance only relates
the proposed greenhouse addition itself. Although the addition would be constructed
closer to the rear yard property line than what the by-law allows, the addition is modest
in its overall mass and scale thus resulting in minimal visual obstruction and impact.
The addition is also intended to be used for planting/recreational purpose rather than
intending to be for dwelling purpose or active use space such as a living room or
sunroom. The requested reduction in rear yard setback will result in minimal impacts
and conflicts as it relates to building separation and sufficient rear yard amenity area
remain with negligible impact to abutting properties.
Further, any potential visual impacts to the properties west of the subject dwelling, will
be mitigated by the existing fencing along the west property line which is proposed to
remain.
The intent of the lot coverage yard requirement is to regulate the amount of building
footprint on a property to avoid overbuilding and that sufficient open space remains
available. The additional footprint from the greenhouse addition would not result in an
oversized building that would be incompatible or appear egregious in the immediate
neighbourhood, while adequate open space and rear yard amenity area remain
available. The addition is also going to be screened from street view and result in
minimal impact on privacy, sunlight and openness.
Staff are of the opinion that the requested variances meet the general intent of the
Zoning By-law.
Page 10 of 80
August 11, 2022 4 of 7 Report No. MV-2022-25
c) The proposed variance is considered desirable for the appropriate development of the
land
The minor variances requested to accommodate a one-storey greenhouse shed
addition have been considered in the context of the site and the adjacent
neighbourhood.
It is in the opinion of staff that even with a reduced rear yard setback that the building
will continue to be in keeping with other surrounding properties to south, north and
west located within the approved plan of subdivision. The reduced rear yard setback
is required to accommodate the addition which makes up a small portion of the overall
building. Staff do not anticipate that the variance as requested will result in any
negative impacts and that the dwelling will remain compatible with the future
surrounding built form. Finally, the rear yard amenity space to remain on the subject
property is considered by staff to be adequate. A slightly increased lot coverage will
not result in overbuilding of the site and incompatibility due to the extra building area.
Staff are of the opinion that the requested variances are considered desirable for the
appropriate development of the property.
d) The proposed variance is considered minor in nature
In considering the scale of the addition, there is minimal impact as a result of the
proposed reduced rear yard setback. Streetscape is unaltered as the addition is
located to the rear of the property while character of the neighbourhood is maintained
as the addition will not generate any concerns relating to its overall massing and scale.
The existing rear yard fence will also mitigate the visual impacts of the addition by
effectively screening the addition for the abutting properties.
There is minimal impact as a result of the proposed increased maximum lot coverage.
The overall increase in building area is insignificant while the addition is considered as
a modest extension of the existing property. Staff would consider the overall increase
to be a minor deviation from the standard zoning requirement of maximum lot
coverage of 45%.
Staff are of the opinion that the requested variances are minor in nature.
Page 11 of 80
August 11, 2022 5 of 7 Report No. MV-2022-25
Additional Comments
The minor variance application was circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Department or Agency
Comments
Building Division
Preliminary Zoning Review was completed on May
27, 2022 to confirm the variance required for the
proposed development.
Engineering Division
Comments provided stating no comments/concerns
with proposed application (dated July 20, 2022).
Operational Services (Parks)
Comments provided stating no comments/concerns
with proposed application (dated July 29, 2022).
Operational Services
(Public Works)
No comments received at the time of writing this
report.
Central York Fire Services
No comments received at the time of writing this
report.
York Region
Comments provided stating no comments/concerns
with proposed application (dated July 18, 2022).
LSRCA
No comments received at the time of writing this
report.
Alectra
Comments provided stating no objections to its
approval, subject to comments in letter (dated July
19, 2022)
Public Correspondence
Written submissions were not received at the time of writing of this report. Should written
submissions be received after the writing of this report, the Secretary Treasurer will
provide the submission(s) to Committee members at the meeting.
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August 11, 2022 6 of 7 Report No. MV-2022-25
Conclusion
Planning staff have reviewed the application with respect to the Section 45(1) of the
Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested
variance meets the four tests the Planning Act for granting of minor variances. Please
refer to Appendix ‘A’ for recommended conditions of approval for the requested variance.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 13 of 80
August 11, 2022 7 of 7 Report No. MV-2022-25
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2022-25 be
approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in subst antial conformity
with the plan(s) attached as ‘Appendix B’ to this Staff Report, to the satisfaction of
the Director of Planning and Development Services or designate.
Page 14 of 80
Lot Area: 3109 sq/ftExisting Building Structures:Existing basement House Area: 1012 sq/ftGarage Area:386 sq/ftNew added Shed Area:90 sq/ftTotal Area 1488 sq/ftSummary: 1488sq/ft / 3109sq/ft =47.8%PR20220623May 27, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.:DATE:PRELIMINARY ZONING REVIEWHana HossainAPPROVED BY:July 12, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDAppendix ‘B’ – Site Plan Page 15 of 80
PR20220623May 27, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWHana HossainAPPROVED BY:July 12, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDPage 16 of 80
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-2022 -2 6 , MV -2022-2 9
_______________________________________________________________________________________
Subject: Minor Variance Application
Aurora (HG) Inc.
21 Golf Links Drive:
MV-2022-26 – Lot 69
MV-2022-29 – Lot 92
Related Planning Applications: SUB-2015-01, MV-2021-03, MV-
2021-02, MV-2022-03, MV-2022-04, MV-2022-27 & MV-2022-28,
MV-2022-30
Prepared by: Rosanna Punit, Planner
Department: Planning and Development Services
Date: August 11, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to decrease setbacks and an
encroachment for Lots 69 and 92 each relating to proposed two-storey dwelling. The
following relief is being requested:
Lot 69 (MV-2022-26)
a) Section 24.466.2.2 of the Zoning By-law permits a minimum front yard setback of
4.5 metres to the main building. The applicant is proposing a two-storey detached
dwelling which is 4.1 metres to the front property line
b) Section 24.466.2.2 of the Zoning By-law requires a minimum front yard setback of
6.0 metres to the attached garage. The applicant is proposing a two-storey detached
garage which is 5.6 metres to the front property line.
Page 17 of 80
August 11, 2022 2 of 8 Report No. MV-2022-26, MV-2022-29
c) Section 24.466.3 of the Zoning By-law permits box windows to encroach a maximum
of 0.6 metres into the front yard. The applicant is proposing a two-storey dwelling
with a box window which encroaches 0.8 metres into the front property line.
Lot 92 (MV-2022-29)
a) Section 24.466.2.2 of the Zoning By-law allows for a minimum rear yard setback of
7.5 metres. The applicant is proposing a two-storey detached dwelling which is 6.9
metres to the rear property line.
Background
Subject Property and Area Context
The subject lands are generally located north of Henderson Drive, and east of Bathurst
Street, west of Yonge Street, within the Highland Gate development. The subject lands
are located on a plan of subdivision that was draft plan approved by the Ontario Municipal
Board (OMB) on January 23, 2017. The subject lands are part of Phase 4 (Lot 69), Phase
3 (Lot 92) of the draft plan (the subject lands do not currently have an official municipal
address) (See Appendix ‘B’). The existing surrounding neighbourhood is generally
comprised of 1-2 storey dwellings.
Proposal
According to the plans submitted, the applicant is proposing to build 2-storey dwellings
for each lot (Lots: 69 and 92) (See Appendix ‘C’ & ‘D’). The requested variance for Lot 69
is to allow for a decrease in front yard setback, garage setback and box window
encroachment. For Lot 92 the request is for a reduction in the rear yard setback for the
proposed dwelling.
Official Plan
The properties are designated “Stable Neighbourhoods” in the Official Plan which
provides for single detached dwellings. The Official Plan states that ‘Stable
Neighbourhoods’ are to be protected from incompatible forms of development but
permitted to evolve and be enhanced over time. New developments abutting existing
residential shall be sympathetic to the streetscape character and shall be compatible with
surrounding built forms with particular attention to matters including but not limited to,
building type, height and scale, pattern of rear and side yard setbacks and setback from
the street.
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August 11, 2022 3 of 8 Report No. MV-2022-26, MV-2022-29
Zoning
The subject properties are zoned “R3 (466)” in Zoning By-law 6000-17, as amended, which
permits single detached dwellings. The site-specific amendment denoted by “466”
permits site specific standards the lots within the Highland Gate subdivision.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building
Division. The PZR identified the required variances, and no other non-compliance was
identified.
Applicant’s stated reason(s) for not complying with the Zoning By-law
As stated on the application form for Lot 69:
“A fence and koi pond constructed by the neighbouring property owners of 3 Trillium
currently encroaches onto Aurora (HGD) Inc, lands by 1.5m at the rear of Lot 69. In order
to retain the neighbours fence and pond and reduce the amount of disturbance to th e
existing homeowner to the greatest extent possible, Aurora (HGD) Inc. has committed to
conveying the lands that encompass the encroaching fence and pond. As a result of
providing this conveyance the lot siting is not able to meet the minimum rear yard setback
and therefore a slight reduction in the front yard setback is being sought. The box
(window) encroachment is being sought to enhance the architectural quality of the
dwelling while maintaining the quality of the streetscape and the front yard area”.
As stated on the application form for Lot 92:
“A mature tree exists in close proximity to the property line between HGDI’s lands and
neighbouring property at 39 Golf Links Drive. In order to retain the existing tree in
ownership of 39 Golf Links Drive and have a fence installed on the south side of the tree
to buffer 39 Golf Links from the development, Aurora (HGD), has committed to conveying
a portion of the new lot 92 to the owners of 39 Golf Links Drive. As a result of providing
this conveyance the lot siting is not able to meet the minimum rear yard setback and
therefore a reduction in the rear yard setback is being sought”.
Planning Comments
Planning Staff have evaluated Minor Variance Applications MV-2022-26 (Lot 69) & MV-
2022-29 (Lot 92) pursuant to the prescribed tests as set out in Section 45 (1) of the
Planning Act, as follows:
a) The proposed variances meet the general intent of the Official Plan
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August 11, 2022 4 of 8 Report No. MV-2022-26, MV-2022-29
The proposed dwelling is generally consistent and compatible with the built form in the
existing surrounding neighbourhood as it relates to, building type, height, scale, and
setbacks.
Staff are of the opinion that the requested variances are in keeping with the general intent
of the Official Plan and that it will have no impact on the existing neighbourhood
character.
b) The proposed variances meet the general intent of the Zoning By-law
The requested variances for Lot 69, a front yard setback of 4.1 metres (13.5 ft) whereas
the By-law requires 4.5 metres (14.8 feet), a front yard setback of 5.6 metres (18.3 ft) to
the attached garage whereas the By-law requires 6.0 metres (19.7 ft) and box window
encroachment of 0.6 metres (2 ft) whereas the By-law permits 0.8m (2.6 ft) are in staffs
opinion meet the intent of the Zoning By-law. The variance is a result of an irregular and
unique lot configuration which results in a conveyance of Lot 69 lands to the rear property
(3 Trillium Drive) to preserve an existing koi pond. A letter from the owner of 3 Trillium
Drive has been submitted in support of the requested variances.
The requested variance for Lot 92, a rear yard setback of 6.95 metres (23 ft) whereas the
By-law requires a minimum setback of 7.5 metres (25 ft) is a result of the preservation of
a mature tree and a portion of Lot 92 lands to be conveyed to the abutting owner at 39
Golf Links Drive. A letter of support has been received from the owner at 39 Gold Links
Drive. The rear yard variance request still provides for rear amenity area for Lot 92 and
additional privacy of the abutting homeowner, staff are of the opinion that the requested
variance meets the intent of the Zoning By-law.
Staff are of the opinion that the variances have minimal impacts on the streetscape and
will not result in a negative impact to the neighbourhood.
c) The proposed variances are considered desirable for the appropriate development of
the land
The dwellings proposed comply with all other setbacks as shown on the site plan
provided. Staff are of the opinion that the requested variances are desirable to allow for
existing conditions to be recognized, existing koi pond on Lot 69 and protection of the
existing mature tree on Lot 92. Lake Simcoe Region Conservation Authority has request
that their review fee be paid for Lot 69, this has been included as a condition, should the
application be approved.
Staff are of the opinion that the requested variances do not result in negative impacts to
the neighbourhood and overall streetscape.
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August 11, 2022 5 of 8 Report No. MV-2022-26, MV-2022-29
d) The proposed variances are considered minor in nature
Staff are of the opinion that the requested variances are minor in nature and does not
adversely affect the overall neighbourhood character.
Additional Comments
The minor variance applications were circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Department or Agency
Comments
Building Division Preliminary Zoning Review was completed on July 7,
2022
Engineering Division
Comments provided stating no objections with
proposed application (dated: July 19, 2022).
Operational Services (Parks) Comments provided stating no comments with
proposed application (dated July 29, 2022).
Operational Services
(Public Works)
No comments received at the time of writing this
report.
Central York Fire Services No comments (dated August 2, 2022)
York Region Comments provided stating no comments with
proposed application (dated July 21, 2022)
LSRCA
No comments received at the time of writing this
report for Lot 92.
Comments provided for Lot 69 stating no objections,
provided their review fee be paid $525 and that a
permit from LSRCA may be required prior to any
development taking place within the regulated
portion of the property (dated: July 28, 2022).
Alectra
Comments provided stating: Alectra Utilities
(formerly PowerStream) has received and reviewed
the proposed Variance Application. This review,
however, does not imply any approval of the project
or plan.
Page 21 of 80
August 11, 2022 6 of 8 Report No. MV-2022-26, MV-2022-29
Department or Agency
Comments
All proposed billboards, signs, and other structures
associated with the project or plan must maintain
minimum clearances to the existing overhead or
underground electrical distribution system as
specified by the applicable standards, codes and acts
referenced.
In the event that construction commences, and the
clearance between any component of the
work/structure and the adjacent existing overhead
and underground electrical distribution system
violates the Occupational Health and Safety Act, the
customer will be responsible for 100% of the costs
associated with Alectra making the work area safe.
All construction work will be required to stop until the
safe limits of approach can be established.
In the event construction is completed, and the
clearance between the constructed structure and the
adjacent existing overhead and underground
electrical distribution system violates the any of
applicable standards, acts or codes referenced, the
customer will be responsible for 100% of Alectra’s
cost for any relocation work. (dated July 19, 2022)
Public Correspondence
Written submissions were received at the time of writing this report in support for MV-
2022-26 & MV-2022-29. Should additional written submissions be received after the
writing of this report, the Secretary Treasurer will provide the submission(s) to Committee
members at the meeting.
Conclusion
Planning staff have reviewed the application with respect to the Section 45(1) of the
Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested
variance does meet the four tests of the Planning Act for granting of minor variances.
Page 22 of 80
August 11, 2022 7 of 8 Report No. MV-2022-26, MV-2022-29
Staff recommend approval of the requested variances subject to the conditions outlined
in Appendix ‘A’.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Location Map
Appendix ‘C’ – Site Plan - Lot 69 (MV-2022-26)
Appendix ‘D’ – Site Plan - Lot 92 (MV-2022-29)
Page 23 of 80
August 11, 2022 8 of 8 Report No. MV-2022-26, MV-2022-29
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2022-26 (Lot
69) be approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in substantial conformity
with the site plan attached as ‘Appendix ‘C’, to this Staff Report, to the satisfaction
of the Director of Planning and Development Services or designate.
2. Payment confirmation to the Lake Simcoe Region Conservation Authority being
their review fee of $525.00
The following condition is required to be satisfied should application MV-2022-29 (Lot 92)
be approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in substantial conformity
with the site plan attached as ‘Appendix ‘D’ to this Staff Report, to the satisfaction
of the Director of Planning and Development Services or designate.
Page 24 of 80
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Lands to be conveyedto 3 Trillium DrivePR20220825Jul. 7, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAshley VanderwalAPPROVED BY:July 12, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDAppendix C - Site Plan - Lot 69 (MV-2022-26)Page 26 of 80
Lands to be conveyedto 39 Golf Links DriveApproximate locationof mature treePR20220823Jul. 7, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAshley VanderwalAPPROVED BY:July 12, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDAppendix D - Site Plan - Lot 92 (MV-2022-29)Page 27 of 80
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-2022 -2 6 , MV -2022-2 9
_______________________________________________________________________________________
Subject: Minor Variance Application
Aurora (HG) Inc.
21 Golf Links Drive:
MV-2022-26 – Lot 69
MV-2022-29 – Lot 92
Related Planning Applications: SUB-2015-01, MV-2021-03, MV-
2021-02, MV-2022-03, MV-2022-04, MV-2022-27 & MV-2022-28,
MV-2022-30
Prepared by: Rosanna Punit, Planner
Department: Planning and Development Services
Date: August 11, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to decrease setbacks and an
encroachment for Lots 69 and 92 each relating to proposed two-storey dwelling. The
following relief is being requested:
Lot 69 (MV-2022-26)
a) Section 24.466.2.2 of the Zoning By-law permits a minimum front yard setback of
4.5 metres to the main building. The applicant is proposing a two-storey detached
dwelling which is 4.1 metres to the front property line
b) Section 24.466.2.2 of the Zoning By-law requires a minimum front yard setback of
6.0 metres to the attached garage. The applicant is proposing a two-storey detached
garage which is 5.6 metres to the front property line.
Page 28 of 80
August 11, 2022 2 of 8 Report No. MV-2022-26, MV-2022-29
c) Section 24.466.3 of the Zoning By-law permits box windows to encroach a maximum
of 0.6 metres into the front yard. The applicant is proposing a two-storey dwelling
with a box window which encroaches 0.8 metres into the front property line.
Lot 92 (MV-2022-29)
a) Section 24.466.2.2 of the Zoning By-law allows for a minimum rear yard setback of
7.5 metres. The applicant is proposing a two-storey detached dwelling which is 6.9
metres to the rear property line.
Background
Subject Property and Area Context
The subject lands are generally located north of Henderson Drive, and east of Bathurst
Street, west of Yonge Street, within the Highland Gate development. The subject lands
are located on a plan of subdivision that was draft plan approved by the Ontario Municipal
Board (OMB) on January 23, 2017. The subject lands are part of Phase 4 (Lot 69), Phase
3 (Lot 92) of the draft plan (the subject lands do not currently have an official municipal
address) (See Appendix ‘B’). The existing surrounding neighbourhood is generally
comprised of 1-2 storey dwellings.
Proposal
According to the plans submitted, the applicant is proposing to build 2-storey dwellings
for each lot (Lots: 69 and 92) (See Appendix ‘C’ & ‘D’). The requested variance for Lot 69
is to allow for a decrease in front yard setback, garage setback and box window
encroachment. For Lot 92 the request is for a reduction in the rear yard setback for the
proposed dwelling.
Official Plan
The properties are designated “Stable Neighbourhoods” in the Official Plan which
provides for single detached dwellings. The Official Plan states that ‘Stable
Neighbourhoods’ are to be protected from incompatible forms of development but
permitted to evolve and be enhanced over time. New developments abutting existing
residential shall be sympathetic to the streetscape character and shall be compatible with
surrounding built forms with particular attention to matters including but not limited to,
building type, height and scale, pattern of rear and side yard setbacks and setback from
the street.
Page 29 of 80
August 11, 2022 3 of 8 Report No. MV-2022-26, MV-2022-29
Zoning
The subject properties are zoned “R3 (466)” in Zoning By-law 6000-17, as amended, which
permits single detached dwellings. The site-specific amendment denoted by “466”
permits site specific standards the lots within the Highland Gate subdivision.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building
Division. The PZR identified the required variances, and no other non-compliance was
identified.
Applicant’s stated reason(s) for not complying with the Zoning By-law
As stated on the application form for Lot 69:
“A fence and koi pond constructed by the neighbouring property owners of 3 Trillium
currently encroaches onto Aurora (HGD) Inc, lands by 1.5m at the rear of Lot 69. In order
to retain the neighbours fence and pond and reduce the amount of disturbance to th e
existing homeowner to the greatest extent possible, Aurora (HGD) Inc. has committed to
conveying the lands that encompass the encroaching fence and pond. As a result of
providing this conveyance the lot siting is not able to meet the minimum rear yard setback
and therefore a slight reduction in the front yard setback is being sought. The box
(window) encroachment is being sought to enhance the architectural quality of the
dwelling while maintaining the quality of the streetscape and the front yard area”.
As stated on the application form for Lot 92:
“A mature tree exists in close proximity to the property line between HGDI’s lands and
neighbouring property at 39 Golf Links Drive. In order to retain the existing tree in
ownership of 39 Golf Links Drive and have a fence installed on the south side of the tree
to buffer 39 Golf Links from the development, Aurora (HGD), has committed to conveying
a portion of the new lot 92 to the owners of 39 Golf Links Drive. As a result of providing
this conveyance the lot siting is not able to meet the minimum rear yard setback and
therefore a reduction in the rear yard setback is being sought”.
Planning Comments
Planning Staff have evaluated Minor Variance Applications MV-2022-26 (Lot 69) & MV-
2022-29 (Lot 92) pursuant to the prescribed tests as set out in Section 45 (1) of the
Planning Act, as follows:
a) The proposed variances meet the general intent of the Official Plan
Page 30 of 80
August 11, 2022 4 of 8 Report No. MV-2022-26, MV-2022-29
The proposed dwelling is generally consistent and compatible with the built form in the
existing surrounding neighbourhood as it relates to, building type, height, scale, and
setbacks.
Staff are of the opinion that the requested variances are in keeping with the general intent
of the Official Plan and that it will have no impact on the existing neighbourhood
character.
b) The proposed variances meet the general intent of the Zoning By-law
The requested variances for Lot 69, a front yard setback of 4.1 metres (13.5 ft) whereas
the By-law requires 4.5 metres (14.8 feet), a front yard setback of 5.6 metres (18.3 ft) to
the attached garage whereas the By-law requires 6.0 metres (19.7 ft) and box window
encroachment of 0.6 metres (2 ft) whereas the By-law permits 0.8m (2.6 ft) are in staffs
opinion meet the intent of the Zoning By-law. The variance is a result of an irregular and
unique lot configuration which results in a conveyance of Lot 69 lands to the rear property
(3 Trillium Drive) to preserve an existing koi pond. A letter from the owner of 3 Trillium
Drive has been submitted in support of the requested variances.
The requested variance for Lot 92, a rear yard setback of 6.95 metres (23 ft) whereas the
By-law requires a minimum setback of 7.5 metres (25 ft) is a result of the preservation of
a mature tree and a portion of Lot 92 lands to be conveyed to the abutting owner at 39
Golf Links Drive. A letter of support has been received from the owner at 39 Gold Links
Drive. The rear yard variance request still provides for rear amenity area for Lot 92 and
additional privacy of the abutting homeowner, staff are of the opinion that the requested
variance meets the intent of the Zoning By-law.
Staff are of the opinion that the variances have minimal impacts on the streetscape and
will not result in a negative impact to the neighbourhood.
c) The proposed variances are considered desirable for the appropriate development of
the land
The dwellings proposed comply with all other setbacks as shown on the site plan
provided. Staff are of the opinion that the requested variances are desirable to allow for
existing conditions to be recognized, existing koi pond on Lot 69 and protection of the
existing mature tree on Lot 92. Lake Simcoe Region Conservation Authority has request
that their review fee be paid for Lot 69, this has been included as a condition, should the
application be approved.
Staff are of the opinion that the requested variances do not result in negative impacts to
the neighbourhood and overall streetscape.
Page 31 of 80
August 11, 2022 5 of 8 Report No. MV-2022-26, MV-2022-29
d) The proposed variances are considered minor in nature
Staff are of the opinion that the requested variances are minor in nature and does not
adversely affect the overall neighbourhood character.
Additional Comments
The minor variance applications were circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Department or Agency
Comments
Building Division Preliminary Zoning Review was completed on July 7,
2022
Engineering Division
Comments provided stating no objections with
proposed application (dated: July 19, 2022).
Operational Services (Parks) Comments provided stating no comments with
proposed application (dated July 29, 2022).
Operational Services
(Public Works)
No comments received at the time of writing this
report.
Central York Fire Services No comments (dated August 2, 2022)
York Region Comments provided stating no comments with
proposed application (dated July 21, 2022)
LSRCA
No comments received at the time of writing this
report for Lot 92.
Comments provided for Lot 69 stating no objections,
provided their review fee be paid $525 and that a
permit from LSRCA may be required prior to any
development taking place within the regulated
portion of the property (dated: July 28, 2022).
Alectra
Comments provided stating: Alectra Utilities
(formerly PowerStream) has received and reviewed
the proposed Variance Application. This review,
however, does not imply any approval of the project
or plan.
Page 32 of 80
August 11, 2022 6 of 8 Report No. MV-2022-26, MV-2022-29
Department or Agency
Comments
All proposed billboards, signs, and other structures
associated with the project or plan must maintain
minimum clearances to the existing overhead or
underground electrical distribution system as
specified by the applicable standards, codes and acts
referenced.
In the event that construction commences, and the
clearance between any component of the
work/structure and the adjacent existing overhead
and underground electrical distribution system
violates the Occupational Health and Safety Act, the
customer will be responsible for 100% of the costs
associated with Alectra making the work area safe.
All construction work will be required to stop until the
safe limits of approach can be established.
In the event construction is completed, and the
clearance between the constructed structure and the
adjacent existing overhead and underground
electrical distribution system violates the any of
applicable standards, acts or codes referenced, the
customer will be responsible for 100% of Alectra’s
cost for any relocation work. (dated July 19, 2022)
Public Correspondence
Written submissions were received at the time of writing this report in support for MV-
2022-26 & MV-2022-29. Should additional written submissions be received after the
writing of this report, the Secretary Treasurer will provide the submission(s) to Committee
members at the meeting.
Conclusion
Planning staff have reviewed the application with respect to the Section 45(1) of the
Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested
variance does meet the four tests of the Planning Act for granting of minor variances.
Page 33 of 80
August 11, 2022 7 of 8 Report No. MV-2022-26, MV-2022-29
Staff recommend approval of the requested variances subject to the conditions outlined
in Appendix ‘A’.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Location Map
Appendix ‘C’ – Site Plan - Lot 69 (MV-2022-26)
Appendix ‘D’ – Site Plan - Lot 92 (MV-2022-29)
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August 11, 2022 8 of 8 Report No. MV-2022-26, MV-2022-29
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2022-26 (Lot
69) be approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in substantial conformity
with the site plan attached as ‘Appendix ‘C’, to this Staff Report, to the satisfaction
of the Director of Planning and Development Services or designate.
2. Payment confirmation to the Lake Simcoe Region Conservation Authority being
their review fee of $525.00
The following condition is required to be satisfied should application MV-2022-29 (Lot 92)
be approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in substantial conformity
with the site plan attached as ‘Appendix ‘D’ to this Staff Report, to the satisfaction
of the Director of Planning and Development Services or designate.
Page 35 of 80
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nStakedWooded AreaStable Top ofSlopeStable Top ofSlopeFloodplainFloodplainFloodplainFloodplainFloodplainSTREET 'J'WetlandStable Top ofSlopeWetlandFloodplainSEE DETAIL ASTREET 'H'010501001500.03 ha.0.04 ha.0.35 ha.0.04 ha.0.78 ha.0.72 ha.O.S / VISTA 0.23 ha.0.51 ha.BLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLK. 1910.71 ha.1.90 ha.6.38 ha.BLOCKBLOCKBLOCKBLOCKBLOCKBLOCK0.42 ha.0.08 ha.0.06 ha.0.10 ha.0.41 ha.0.73 ha.0.13 ha.0.24 ha.0.31 ha.0.07 ha.0.10 ha.0.48 ha.0.06 ha.0.19 ha.0.02 ha.0.02 ha.0.03 ha.0.45 ha.1.14 ha.0.35 ha.0.62 ha.0.08 ha.2.36 ha.0.36 ha.0.18 ha.0.03 ha.0.18 ha.182160161163162164165166167168169179170171172251173174175176196177181183184187188186190189192193194195197201178Block 2480.3m ReserveBlock 2490.3m ReserveEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEPPARKETTEEPPARKETTEEPPARKETTEPARKETTEPARKETTEEPO.S / VISTAO.S / VISTAO.S / VISTANegotiated Buffer0.15 ha.O.S / VISTAO.S / VISTAHIGH DENSITYO.S / VISTAEPEPPARKETTEEPO.S / VISTAWKY / SERVICINGWALKWAY /SERVICINGWALKWAY /SERVICINGWALKWAY /SERVICINGWALKWAY /SERVICINGEP 0.07 ha.O.S / VISTAO.S / VISTANegotiated BufferO.S / VISTAWALKWAY /SERVICINGEPPARKETTENegotiated Buffer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ha.0.16 ha.BLKBLKBLKBLKBLKBLKBLKBLKBLKBLKBLK222223224225226227BLK229231200232BLK228242233Block 2500.3m Reserve215245WALKWAY /SERVICINGBLK243BLOCK246BLOCK0.08 ha.252Negotiated BufferBLOCK0.02 ha.180Negotiated BufferBLOCK0.14 ha.253Negotiated BufferBLOCK0.03 ha.199WALKWAY /SERVICINGBLK240BLK254040200400600m01050100150Tel: (905) 513-0170 Markham, Ontario, L3R 6B3140 Renfrew Drive, Suite 201www.mgp.caDateSURVEYOR'S CERTIFICATEProject No: 14-2260Date: February 24, 2015DateSCHEDULE OF LAND USEOWNER'S AUTHORIZATIONKEY PLANPaul Edward, O.L.S.Date Revision BySept. 2/16 Revision to Schedule of Land Use MSSept. 7/16 Reformatting of Land Use Table DRSept. 8/16 Revise Alignment of St.'s I and J DRSept. 30/16 Add Open Space and Walkway Blks DROct. 17/16 Revise Conveyance BlocksDROct. 24/16 Revise BlocksDRHIGHLAND GATE DEVELOPMENTS INC.3190 Steeles Avenue East, Suite 300Markham, Ontario L3R 1G9(905) 477-1177Prepared for:Prepared by:SUBJECT PROPERTYScale:ADDITIONAL INFORMATIONAS REQUIRED UNDER SECTION 51(17) OF THE PLANNINGACT. CHAPTER P.13 (R.S.O. 1990.)(a),(b),(e),(f),(g),(j),(l) - As shown on the Draft Plan.(c) - As shown on the Draft and Key Plan(d) - Land to be used in accordance with the Schedule of Land Use.(i)- Soil is clay loam.(h),(k) - Full municipal services to be provided.NOTE: Contours relate to Canadian Geodetic Datum. Contour interval is 1m with 0.5m interpolated. All corner radii on locals are 5.0m.I hereby authorize Malone Given Parsons Ltd. to prepare and submit this DraftPlan of Subdivision to the Town of Aurora.I hereby certify that the boundaries of the lands to be subdivided as shown onthis Plan and their relationship to the adjacent lands are accurately andcorrectly shown.Block 28 & 31, Plan 65M-2391 &Block 75, Plan 65M-2358, Part ofBlocks 58, 59 & 60, Plan M-2034,Part of Block 7, Plan 65M-2441,Blocks 97 & 99 & Part of Blocks 96 &100, Plan M-2035 & Block 11, PlanM-2036 & Block 36, Plan 65M-2198& Blocks 67 & 71, Plan 65M-2336 &Block 54, Plan 65M-2259 & Part ofBlock 10, Plan 65M-2243 & Block 52,Plan 65M-3679Town of AuroraRegional Municipality of YorkSee OriginalHighland Gate Developments Inc.Boaz Feiner, A.S.O.Rady-Pentek & Edward Surveying Ltd.NSee OriginalSee OriginalSee OriginalNUNITSLAND USEAREA (ha)LOT/BLOCK1-159Min. 18.6m Single Family Detached52Min. 15.6m Single Family Detached107 12.43160-166Parkettes3.83191-199Walkways / Servicing Blocks0.66200-2017 Storey High Density Block / Existing Parking Lot0.61248-2500.3m (1 ft ) Reserves0.01Streets A-J17.5m Road with a length of 3,098m5.88TOTAL DEVELOPABLE15923.42167-177Open Space / Vistas1.54178-180, 251-253 Negotiated Buffers0.65181-190Environmental Protection14.40202-247, 254Future Conveyances to Neighbours0.88TOTAL SITE AREA159 40.89Minor Variance from front or rear yard setbacksJuly 12, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDAppendix 'B' - Location MapPage 36 of 80
Lands to be conveyedto 3 Trillium DrivePR20220825Jul. 7, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAshley VanderwalAPPROVED BY:July 12, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDAppendix C - Site Plan - Lot 69 (MV-2022-26)Page 37 of 80
Lands to be conveyedto 39 Golf Links DriveApproximate locationof mature treePR20220823Jul. 7, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAshley VanderwalAPPROVED BY:July 12, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDAppendix D - Site Plan - Lot 92 (MV-2022-29)Page 38 of 80
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-2022 -2 7 , MV -2022-2 8 &
MV-2022 -30
_______________________________________________________________________________________
Subject: Minor Variance Application
Aurora (HG) Inc.
21 Golf Links Drive:
MV-2022-27 – Lot 86
MV-2022-28 – Lot 57
MV-2022-30 – Lot 107
Related Planning Applications: SUB-2015-01, MV-2021-03, MV-
2021-02, MV-2022-03, MV-2022-04, MV-2022-26 & MV-2022-29
Prepared by: Rosanna Punit, Planner
Department: Planning and Development Services
Date: August 11, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to increase the lot coverages for
Lots 86, 57 and 107 each relating to proposed two-storey dwelling. The following relief is
being requested:
a) Section 24.466.2.3 of the Zoning By-law permits a maximum lot coverage of 35%
The applicant is proposing two storey dwellings with lot coverages of 35.7% (Lot 86)
& 35.9% (Lot 57); and
b) Section 24.466.2.3 of the Zoning By-law permits a maximum lot coverage of 36%
The applicant is proposing a two-storey dwelling with lot coverage 36.3% (Lot 107).
Background
Subject Property and Area Context
The subject lands are generally located north of Henderson Drive, and east of Bathurst
Street, west of Yonge Street, within the Highland Gate development. The subject lands
Page 39 of 80
August 11, 2022 2 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
are located on a plan of subdivision that was draft plan approved by the Ontario Municipal
Board (OMB) on January 23, 2017. The subject lands are part of Phase 3 (Lot 86), Phase
4 (Lot 57) and Phase 5 (Lot 107) of the draft plan (the subject lands do not currently have
an official municipal address) (See Appendix ‘B’). The existing surrounding
neighbourhood is generally comprised of 1-2 storey dwellings.
Proposal
According to the plans submitted, the applicant is proposing to build 2-storey dwellings
for each lot (Lots: 57, 86 & 107) (See Appendix ‘C’, ‘D’ & ‘E’). The requested variance is to
allow for increased lot coverages of 35.7% (Lot 86), & 35.9% (Lot 57) whereas 35% is
permitted and & 36.3% (Lot 107), whereas 36% is permitted.
Official Plan
The properties are designated “Stable Neighbourhoods” in the Official Plan which
provides for single detached dwellings. The Official Plan states that ‘Stable
Neighbourhoods’ are to be protected from incompatible forms of development but
permitted to evolve and be enhanced over time. New developments abutting existing
residential shall be sympathetic to the streetscape character and shall be compatible with
surrounding built forms with particular attention to matters including but not limited to,
building type, height and scale, pattern of rear and side yard setbacks and setback from
the street.
Zoning
The subject properties are zoned “R3 (466)” in Zoning By-law 6000-17, as amended, which
permits single detached dwellings. The site specific amendment denoted by “466”
permits maximum lot coverages of 35% (Lots 57 and 86) and 36% (Lot 107) for two
storey dwelling.
Lot coverage for the approved draft plan of subdivision is generally 35% - 42% for two
storey dwellings or 50% for one storey dwellings (only on lots with a frontage of 18m or
greater). There are 35 lots in the draft plan of subdivision which have site specific
coverage permissions ranging from 36%-42%.
Last year minor variances were applied for lot coverages, below is a summary of these
previously requested variances:
File: Variance Request:
MV-2020-03 39.3% to 38%
MV-2020-04 35% to 41.1%
MV-2020-05 37% to 41.5%
Page 40 of 80
August 11, 2022 3 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Files: MV-2020-03 & MV-2020-05 were approved by the Committee of Adjustment on
February 11, 2021. File MV-2020-04 was denied by the Committee of Adjustment and
appealed by the owner to the Ontario Land Tribunal (OLT). The file was approved by the
OLT in its decision on December 1, 2021.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building
Division. The PZR identified the required variances, and no other non-compliance was
identified.
Applicant’s stated reason(s) for not complying with the Zoning By-law
As stated on each of the application forms for Lots, 86, 57 and 107:
“the model type selected to be sited on the subject lot slightly exceeds the lot coverage
provision of the Zoning By-law, however the home will fully comply with or exceed the
minimum front, rear and side yard setbacks. As such the increase in maximum coverage
is minor in nature, will not impact neighbouring properties and otherwise complies to the
Official Plan and Zoning By-law”.
Planning Comments
Planning Staff have evaluated Minor Variance Applications MV-2022-27 (Lot 86), MV-
2022-28 (Lot 57) & MV-2022-30 (Lot 107), pursuant to the prescribed tests as set out in
Section 45 (1) of the Planning Act, as follows:
a) The proposed variances meet the general intent of the Official Plan
The proposed dwelling is generally consistent and compatible with the built form in the
existing surrounding neighbourhood as it relates to, building type, height, scale, and
setbacks.
Staff are of the opinion that the requested variance is in keeping with the general intent of
the Official Plan and that it will have no impact on the existing neighbourhood character.
b) The proposed variances meet the general intent of the Zoning By-law
Lot coverage as defined in the Town’s Zoning By-law 6000-17, as amended, is the
percentage of a Lot covered by all buildings, but excluding decks attached to the Main
Building, balconies, open porches and decks, bay windows, fireplaces, landings and steps,
Pools including perimeter decking which forms part of an above-ground Pool, and any
part of a building which is completely below grade.
Page 41 of 80
August 11, 2022 4 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
The proposed coverage is consistent and compatible with the coverage permitted in the
draft plan of subdivision and the surrounding area which ranges from 35-42%. As
indicated by the applicant, all setbacks in the zoning by-law will be maintained. Staff do
not anticipate any impacts on neighbourhood character, the streetscape, or abutting
properties. Staff are of the opinion that the requested increase in lot coverage of 35.7%,
35.9% and 36.4% meets the intent of the Zoning By-law.
c) The proposed variances are considered desirable for the appropriate development of
the land
The requested increase in lot coverage is generally consistent with the lot coverage
permitted in the draft plan of subdivision and surrounding neighbourhood. Additionally,
as stated by the applicant, the proposed new dwelling complies with all other zoning
regulations including building setbacks and height and therefore, staff do not anticipate
any impacts with abutting properties.
Staff are of the opinion that the requested increase in lot coverage will not result in any
impacts to abutting properties and is desirable for the appropriate development of the lot.
d) The proposed variances are considered minor in nature
The existing established neighbourhood and draft approved plan of subdivision consists
of dwellings that are generally 1- 2 storeys with a range of permitted lot coverages from
35% to 42% for two storey dwellings and 50% for one storey dwellings on lots with
frontages greater than 18m (60ft). Staff are of the opinion that the requested increase in
lot coverage from 35% to 35.7% (Lot 86) and 35.9% (Lot 57) and increase from 36% to
36.3% are minor in nature and will have no impacts on neighbourhood character, the
streetscape or abutting properties
Additional Comments
The minor variance application was circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Department or Agency
Comments
Building Division Preliminary Zoning Review was completed on July 7,
2022
Engineering Division Comments provided stating no objections with
proposed application (dated: July19, 2022).
Page 42 of 80
August 11, 2022 5 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Department or Agency
Comments
Operational Services (Parks) Comments provided stating no comments with
proposed applications (dated July 29, 2022).
Operational Services
(Public Works)
No comments received at the time of writing this
report.
Central York Fire Services Comments provided stating no comments with
proposed applications (dated August 2, 2022).
York Region Comments provided stating no comments with
proposed application (dated July 21, 2022)
LSRCA No comments received at the time of writing this
report.
Alectra
Comments provided stating: Alectra Utilities
(formerly PowerStream) has received and reviewed
the proposed Variance Application. This review,
however, does not imply any approval of the project
or plan.
All proposed billboards, signs, and other structures
associated with the project or plan must maintain
minimum clearances to the existing overhead or
underground electrical distribution system as
specified by the applicable standards, codes and acts
referenced.
In the event that construction commences, and the
clearance between any component of the
work/structure and the adjacent existing overhead
and underground electrical distribution system
violates the Occupational Health and Safety Act, the
customer will be responsible for 100% of the costs
associated with Alectra making the work area safe.
All construction work will be required to stop until the
safe limits of approach can be established.
In the event construction is completed, and the
clearance between the constructed structure and the
adjacent existing overhead and underground
electrical distribution system violates the any of
applicable standards, acts or codes referenced, the
Page 43 of 80
August 11, 2022 6 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Department or Agency
Comments
customer will be responsible for 100% of Alectra’s
cost for any relocation work. (dated July 19, 2022)
Public Correspondence
Written submissions were not received at the time of writing this report for MV-2022-27,
MV-2022-28 & MV-2022-30. Should written submissions be received after the writing of
this report, the Secretary Treasurer will provide the submission(s) to Committee
members at the meeting.
Conclusion
Planning staff have reviewed the application with respect to the Section 45(1) of the
Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested
variance does meet the four tests of the Planning Act for granting of minor variances.
Staff recommend approval of the requested variances subject to the conditions outlined
in Appendix ‘A’.
Attachments
Appendix ‘A’ – Recommended Condition of Approval
Appendix ‘B’ – Location Map
Appendix ‘C’ – Site Plan and Lot Coverage Plan - Lot 86 (MV-2022-27)
Appendix ‘D’ – Site Plan and Lot Coverage Plan - Lot 57 (MV-2022-28)
Appendix ‘E’ – Site Plan and Lot Coverage Plan - Lot 107 (MV-2022-30)
Page 44 of 80
August 11, 2022 7 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Appendix ‘A’ – Recommended Condition of Approval
The following condition is required to be satisfied should application MV -2022-27 (Lot
86), MV-2022-28 (Lot 57) & MV-2022-30 (Lot 107) be approved by the Committee of
Adjustment:
1. That the variance only applies to the subject property, in substantial conformity
with the site plan attached as ‘Appendix ‘C’, ‘D’ & ‘E’ to this Staff Report, to the
satisfaction of the Director of Planning and Development Services or designate.
Page 45 of 80
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Appendix C - Site Plan and Lot Coverage Plan - Lot 86 (MV-2022-27)Page 47 of 80
Page 48 of 80
Appendix D - Site Plan and Lot Coverage Plan - Lot 57 (MV-2022-28)Page 49 of 80
Page 50 of 80
Appendix E - Site Plan and Lot Coverage Plan - Lot 107 (MV-2022-30) Page 51 of 80
Page 52 of 80
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-2022 -2 7 , MV -2022-2 8 &
MV-2022 -30
_______________________________________________________________________________________
Subject: Minor Variance Application
Aurora (HG) Inc.
21 Golf Links Drive:
MV-2022-27 – Lot 86
MV-2022-28 – Lot 57
MV-2022-30 – Lot 107
Related Planning Applications: SUB-2015-01, MV-2021-03, MV-
2021-02, MV-2022-03, MV-2022-04, MV-2022-26 & MV-2022-29
Prepared by: Rosanna Punit, Planner
Department: Planning and Development Services
Date: August 11, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to increase the lot coverages for
Lots 86, 57 and 107 each relating to proposed two-storey dwelling. The following relief is
being requested:
a) Section 24.466.2.3 of the Zoning By-law permits a maximum lot coverage of 35%
The applicant is proposing two storey dwellings with lot coverages of 35.7% (Lot 86)
& 35.9% (Lot 57); and
b) Section 24.466.2.3 of the Zoning By-law permits a maximum lot coverage of 36%
The applicant is proposing a two-storey dwelling with lot coverage 36.3% (Lot 107).
Background
Subject Property and Area Context
The subject lands are generally located north of Henderson Drive, and east of Bathurst
Street, west of Yonge Street, within the Highland Gate development. The subject lands
Page 53 of 80
August 11, 2022 2 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
are located on a plan of subdivision that was draft plan approved by the Ontario Municipal
Board (OMB) on January 23, 2017. The subject lands are part of Phase 3 (Lot 86), Phase
4 (Lot 57) and Phase 5 (Lot 107) of the draft plan (the subject lands do not currently have
an official municipal address) (See Appendix ‘B’). The existing surrounding
neighbourhood is generally comprised of 1-2 storey dwellings.
Proposal
According to the plans submitted, the applicant is proposing to build 2-storey dwellings
for each lot (Lots: 57, 86 & 107) (See Appendix ‘C’, ‘D’ & ‘E’). The requested variance is to
allow for increased lot coverages of 35.7% (Lot 86), & 35.9% (Lot 57) whereas 35% is
permitted and & 36.3% (Lot 107), whereas 36% is permitted.
Official Plan
The properties are designated “Stable Neighbourhoods” in the Official Plan which
provides for single detached dwellings. The Official Plan states that ‘Stable
Neighbourhoods’ are to be protected from incompatible forms of development but
permitted to evolve and be enhanced over time. New developments abutting existing
residential shall be sympathetic to the streetscape character and shall be compatible with
surrounding built forms with particular attention to matters including but not limited to,
building type, height and scale, pattern of rear and side yard setbacks and setback from
the street.
Zoning
The subject properties are zoned “R3 (466)” in Zoning By-law 6000-17, as amended, which
permits single detached dwellings. The site specific amendment denoted by “466”
permits maximum lot coverages of 35% (Lots 57 and 86) and 36% (Lot 107) for two
storey dwelling.
Lot coverage for the approved draft plan of subdivision is generally 35% - 42% for two
storey dwellings or 50% for one storey dwellings (only on lots with a frontage of 18m or
greater). There are 35 lots in the draft plan of subdivision which have site specific
coverage permissions ranging from 36%-42%.
Last year minor variances were applied for lot coverages, below is a summary of these
previously requested variances:
File: Variance Request:
MV-2020-03 39.3% to 38%
MV-2020-04 35% to 41.1%
MV-2020-05 37% to 41.5%
Page 54 of 80
August 11, 2022 3 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Files: MV-2020-03 & MV-2020-05 were approved by the Committee of Adjustment on
February 11, 2021. File MV-2020-04 was denied by the Committee of Adjustment and
appealed by the owner to the Ontario Land Tribunal (OLT). The file was approved by the
OLT in its decision on December 1, 2021.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building
Division. The PZR identified the required variances, and no other non-compliance was
identified.
Applicant’s stated reason(s) for not complying with the Zoning By-law
As stated on each of the application forms for Lots, 86, 57 and 107:
“the model type selected to be sited on the subject lot slightly exceeds the lot coverage
provision of the Zoning By-law, however the home will fully comply with or exceed the
minimum front, rear and side yard setbacks. As such the increase in maximum coverage
is minor in nature, will not impact neighbouring properties and otherwise complies to the
Official Plan and Zoning By-law”.
Planning Comments
Planning Staff have evaluated Minor Variance Applications MV-2022-27 (Lot 86), MV-
2022-28 (Lot 57) & MV-2022-30 (Lot 107), pursuant to the prescribed tests as set out in
Section 45 (1) of the Planning Act, as follows:
a) The proposed variances meet the general intent of the Official Plan
The proposed dwelling is generally consistent and compatible with the built form in the
existing surrounding neighbourhood as it relates to, building type, height, scale, and
setbacks.
Staff are of the opinion that the requested variance is in keeping with the general intent of
the Official Plan and that it will have no impact on the existing neighbourhood character.
b) The proposed variances meet the general intent of the Zoning By-law
Lot coverage as defined in the Town’s Zoning By-law 6000-17, as amended, is the
percentage of a Lot covered by all buildings, but excluding decks attached to the Main
Building, balconies, open porches and decks, bay windows, fireplaces, landings and steps,
Pools including perimeter decking which forms part of an above-ground Pool, and any
part of a building which is completely below grade.
Page 55 of 80
August 11, 2022 4 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
The proposed coverage is consistent and compatible with the coverage permitted in the
draft plan of subdivision and the surrounding area which ranges from 35-42%. As
indicated by the applicant, all setbacks in the zoning by-law will be maintained. Staff do
not anticipate any impacts on neighbourhood character, the streetscape, or abutting
properties. Staff are of the opinion that the requested increase in lot coverage of 35.7%,
35.9% and 36.4% meets the intent of the Zoning By-law.
c) The proposed variances are considered desirable for the appropriate development of
the land
The requested increase in lot coverage is generally consistent with the lot coverage
permitted in the draft plan of subdivision and surrounding neighbourhood. Additionally,
as stated by the applicant, the proposed new dwelling complies with all other zoning
regulations including building setbacks and height and therefore, staff do not anticipate
any impacts with abutting properties.
Staff are of the opinion that the requested increase in lot coverage will not result in any
impacts to abutting properties and is desirable for the appropriate development of the lot.
d) The proposed variances are considered minor in nature
The existing established neighbourhood and draft approved plan of subdivision consists
of dwellings that are generally 1- 2 storeys with a range of permitted lot coverages from
35% to 42% for two storey dwellings and 50% for one storey dwellings on lots with
frontages greater than 18m (60ft). Staff are of the opinion that the requested increase in
lot coverage from 35% to 35.7% (Lot 86) and 35.9% (Lot 57) and increase from 36% to
36.3% are minor in nature and will have no impacts on neighbourhood character, the
streetscape or abutting properties
Additional Comments
The minor variance application was circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Department or Agency
Comments
Building Division Preliminary Zoning Review was completed on July 7,
2022
Engineering Division Comments provided stating no objections with
proposed application (dated: July19, 2022).
Page 56 of 80
August 11, 2022 5 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Department or Agency
Comments
Operational Services (Parks) Comments provided stating no comments with
proposed applications (dated July 29, 2022).
Operational Services
(Public Works)
No comments received at the time of writing this
report.
Central York Fire Services Comments provided stating no comments with
proposed applications (dated August 2, 2022).
York Region Comments provided stating no comments with
proposed application (dated July 21, 2022)
LSRCA No comments received at the time of writing this
report.
Alectra
Comments provided stating: Alectra Utilities
(formerly PowerStream) has received and reviewed
the proposed Variance Application. This review,
however, does not imply any approval of the project
or plan.
All proposed billboards, signs, and other structures
associated with the project or plan must maintain
minimum clearances to the existing overhead or
underground electrical distribution system as
specified by the applicable standards, codes and acts
referenced.
In the event that construction commences, and the
clearance between any component of the
work/structure and the adjacent existing overhead
and underground electrical distribution system
violates the Occupational Health and Safety Act, the
customer will be responsible for 100% of the costs
associated with Alectra making the work area safe.
All construction work will be required to stop until the
safe limits of approach can be established.
In the event construction is completed, and the
clearance between the constructed structure and the
adjacent existing overhead and underground
electrical distribution system violates the any of
applicable standards, acts or codes referenced, the
Page 57 of 80
August 11, 2022 6 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Department or Agency
Comments
customer will be responsible for 100% of Alectra’s
cost for any relocation work. (dated July 19, 2022)
Public Correspondence
Written submissions were not received at the time of writing this report for MV-2022-27,
MV-2022-28 & MV-2022-30. Should written submissions be received after the writing of
this report, the Secretary Treasurer will provide the submission(s) to Committee
members at the meeting.
Conclusion
Planning staff have reviewed the application with respect to the Section 45(1) of the
Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested
variance does meet the four tests of the Planning Act for granting of minor variances.
Staff recommend approval of the requested variances subject to the conditions outlined
in Appendix ‘A’.
Attachments
Appendix ‘A’ – Recommended Condition of Approval
Appendix ‘B’ – Location Map
Appendix ‘C’ – Site Plan and Lot Coverage Plan - Lot 86 (MV-2022-27)
Appendix ‘D’ – Site Plan and Lot Coverage Plan - Lot 57 (MV-2022-28)
Appendix ‘E’ – Site Plan and Lot Coverage Plan - Lot 107 (MV-2022-30)
Page 58 of 80
August 11, 2022 7 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Appendix ‘A’ – Recommended Condition of Approval
The following condition is required to be satisfied should application MV -2022-27 (Lot
86), MV-2022-28 (Lot 57) & MV-2022-30 (Lot 107) be approved by the Committee of
Adjustment:
1. That the variance only applies to the subject property, in substantial conformity
with the site plan attached as ‘Appendix ‘C’, ‘D’ & ‘E’ to this Staff Report, to the
satisfaction of the Director of Planning and Development Services or designate.
Page 59 of 80
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Appendix C - Site Plan and Lot Coverage Plan - Lot 86 (MV-2022-27)Page 61 of 80
Page 62 of 80
Appendix D - Site Plan and Lot Coverage Plan - Lot 57 (MV-2022-28)Page 63 of 80
Page 64 of 80
Appendix E - Site Plan and Lot Coverage Plan - Lot 107 (MV-2022-30) Page 65 of 80
Page 66 of 80
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-2022 -2 7 , MV -2022-2 8 &
MV-2022 -30
_______________________________________________________________________________________
Subject: Minor Variance Application
Aurora (HG) Inc.
21 Golf Links Drive:
MV-2022-27 – Lot 86
MV-2022-28 – Lot 57
MV-2022-30 – Lot 107
Related Planning Applications: SUB-2015-01, MV-2021-03, MV-
2021-02, MV-2022-03, MV-2022-04, MV-2022-26 & MV-2022-29
Prepared by: Rosanna Punit, Planner
Department: Planning and Development Services
Date: August 11, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to increase the lot coverages for
Lots 86, 57 and 107 each relating to proposed two-storey dwelling. The following relief is
being requested:
a) Section 24.466.2.3 of the Zoning By-law permits a maximum lot coverage of 35%
The applicant is proposing two storey dwellings with lot coverages of 35.7% (Lot 86)
& 35.9% (Lot 57); and
b) Section 24.466.2.3 of the Zoning By-law permits a maximum lot coverage of 36%
The applicant is proposing a two-storey dwelling with lot coverage 36.3% (Lot 107).
Background
Subject Property and Area Context
The subject lands are generally located north of Henderson Drive, and east of Bathurst
Street, west of Yonge Street, within the Highland Gate development. The subject lands
Page 67 of 80
August 11, 2022 2 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
are located on a plan of subdivision that was draft plan approved by the Ontario Municipal
Board (OMB) on January 23, 2017. The subject lands are part of Phase 3 (Lot 86), Phase
4 (Lot 57) and Phase 5 (Lot 107) of the draft plan (the subject lands do not currently have
an official municipal address) (See Appendix ‘B’). The existing surrounding
neighbourhood is generally comprised of 1-2 storey dwellings.
Proposal
According to the plans submitted, the applicant is proposing to build 2-storey dwellings
for each lot (Lots: 57, 86 & 107) (See Appendix ‘C’, ‘D’ & ‘E’). The requested variance is to
allow for increased lot coverages of 35.7% (Lot 86), & 35.9% (Lot 57) whereas 35% is
permitted and & 36.3% (Lot 107), whereas 36% is permitted.
Official Plan
The properties are designated “Stable Neighbourhoods” in the Official Plan which
provides for single detached dwellings. The Official Plan states that ‘Stable
Neighbourhoods’ are to be protected from incompatible forms of development but
permitted to evolve and be enhanced over time. New developments abutting existing
residential shall be sympathetic to the streetscape character and shall be compatible with
surrounding built forms with particular attention to matters including but not limited to,
building type, height and scale, pattern of rear and side yard setbacks and setback from
the street.
Zoning
The subject properties are zoned “R3 (466)” in Zoning By-law 6000-17, as amended, which
permits single detached dwellings. The site specific amendment denoted by “466”
permits maximum lot coverages of 35% (Lots 57 and 86) and 36% (Lot 107) for two
storey dwelling.
Lot coverage for the approved draft plan of subdivision is generally 35% - 42% for two
storey dwellings or 50% for one storey dwellings (only on lots with a frontage of 18m or
greater). There are 35 lots in the draft plan of subdivision which have site specific
coverage permissions ranging from 36%-42%.
Last year minor variances were applied for lot coverages, below is a summary of these
previously requested variances:
File: Variance Request:
MV-2020-03 39.3% to 38%
MV-2020-04 35% to 41.1%
MV-2020-05 37% to 41.5%
Page 68 of 80
August 11, 2022 3 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Files: MV-2020-03 & MV-2020-05 were approved by the Committee of Adjustment on
February 11, 2021. File MV-2020-04 was denied by the Committee of Adjustment and
appealed by the owner to the Ontario Land Tribunal (OLT). The file was approved by the
OLT in its decision on December 1, 2021.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building
Division. The PZR identified the required variances, and no other non-compliance was
identified.
Applicant’s stated reason(s) for not complying with the Zoning By-law
As stated on each of the application forms for Lots, 86, 57 and 107:
“the model type selected to be sited on the subject lot slightly exceeds the lot coverage
provision of the Zoning By-law, however the home will fully comply with or exceed the
minimum front, rear and side yard setbacks. As such the increase in maximum coverage
is minor in nature, will not impact neighbouring properties and otherwise complies to the
Official Plan and Zoning By-law”.
Planning Comments
Planning Staff have evaluated Minor Variance Applications MV-2022-27 (Lot 86), MV-
2022-28 (Lot 57) & MV-2022-30 (Lot 107), pursuant to the prescribed tests as set out in
Section 45 (1) of the Planning Act, as follows:
a) The proposed variances meet the general intent of the Official Plan
The proposed dwelling is generally consistent and compatible with the built form in the
existing surrounding neighbourhood as it relates to, building type, height, scale, and
setbacks.
Staff are of the opinion that the requested variance is in keeping with the general intent of
the Official Plan and that it will have no impact on the existing neighbourhood character.
b) The proposed variances meet the general intent of the Zoning By-law
Lot coverage as defined in the Town’s Zoning By-law 6000-17, as amended, is the
percentage of a Lot covered by all buildings, but excluding decks attached to the Main
Building, balconies, open porches and decks, bay windows, fireplaces, landings and steps,
Pools including perimeter decking which forms part of an above-ground Pool, and any
part of a building which is completely below grade.
Page 69 of 80
August 11, 2022 4 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
The proposed coverage is consistent and compatible with the coverage permitted in the
draft plan of subdivision and the surrounding area which ranges from 35-42%. As
indicated by the applicant, all setbacks in the zoning by-law will be maintained. Staff do
not anticipate any impacts on neighbourhood character, the streetscape, or abutting
properties. Staff are of the opinion that the requested increase in lot coverage of 35.7%,
35.9% and 36.4% meets the intent of the Zoning By-law.
c) The proposed variances are considered desirable for the appropriate development of
the land
The requested increase in lot coverage is generally consistent with the lot coverage
permitted in the draft plan of subdivision and surrounding neighbourhood. Additionally,
as stated by the applicant, the proposed new dwelling complies with all other zoning
regulations including building setbacks and height and therefore, staff do not anticipate
any impacts with abutting properties.
Staff are of the opinion that the requested increase in lot coverage will not result in any
impacts to abutting properties and is desirable for the appropriate development of the lot.
d) The proposed variances are considered minor in nature
The existing established neighbourhood and draft approved plan of subdivision consists
of dwellings that are generally 1- 2 storeys with a range of permitted lot coverages from
35% to 42% for two storey dwellings and 50% for one storey dwellings on lots with
frontages greater than 18m (60ft). Staff are of the opinion that the requested increase in
lot coverage from 35% to 35.7% (Lot 86) and 35.9% (Lot 57) and increase from 36% to
36.3% are minor in nature and will have no impacts on neighbourhood character, the
streetscape or abutting properties
Additional Comments
The minor variance application was circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Department or Agency
Comments
Building Division Preliminary Zoning Review was completed on July 7,
2022
Engineering Division Comments provided stating no objections with
proposed application (dated: July19, 2022).
Page 70 of 80
August 11, 2022 5 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Department or Agency
Comments
Operational Services (Parks) Comments provided stating no comments with
proposed applications (dated July 29, 2022).
Operational Services
(Public Works)
No comments received at the time of writing this
report.
Central York Fire Services Comments provided stating no comments with
proposed applications (dated August 2, 2022).
York Region Comments provided stating no comments with
proposed application (dated July 21, 2022)
LSRCA No comments received at the time of writing this
report.
Alectra
Comments provided stating: Alectra Utilities
(formerly PowerStream) has received and reviewed
the proposed Variance Application. This review,
however, does not imply any approval of the project
or plan.
All proposed billboards, signs, and other structures
associated with the project or plan must maintain
minimum clearances to the existing overhead or
underground electrical distribution system as
specified by the applicable standards, codes and acts
referenced.
In the event that construction commences, and the
clearance between any component of the
work/structure and the adjacent existing overhead
and underground electrical distribution system
violates the Occupational Health and Safety Act, the
customer will be responsible for 100% of the costs
associated with Alectra making the work area safe.
All construction work will be required to stop until the
safe limits of approach can be established.
In the event construction is completed, and the
clearance between the constructed structure and the
adjacent existing overhead and underground
electrical distribution system violates the any of
applicable standards, acts or codes referenced, the
Page 71 of 80
August 11, 2022 6 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Department or Agency
Comments
customer will be responsible for 100% of Alectra’s
cost for any relocation work. (dated July 19, 2022)
Public Correspondence
Written submissions were not received at the time of writing this report for MV-2022-27,
MV-2022-28 & MV-2022-30. Should written submissions be received after the writing of
this report, the Secretary Treasurer will provide the submission(s) to Committee
members at the meeting.
Conclusion
Planning staff have reviewed the application with respect to the Section 45(1) of the
Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested
variance does meet the four tests of the Planning Act for granting of minor variances.
Staff recommend approval of the requested variances subject to the conditions outlined
in Appendix ‘A’.
Attachments
Appendix ‘A’ – Recommended Condition of Approval
Appendix ‘B’ – Location Map
Appendix ‘C’ – Site Plan and Lot Coverage Plan - Lot 86 (MV-2022-27)
Appendix ‘D’ – Site Plan and Lot Coverage Plan - Lot 57 (MV-2022-28)
Appendix ‘E’ – Site Plan and Lot Coverage Plan - Lot 107 (MV-2022-30)
Page 72 of 80
August 11, 2022 7 of 7 Report No. MV-2022-27, MV-2022-28 &
MV-2022-30
Appendix ‘A’ – Recommended Condition of Approval
The following condition is required to be satisfied should application MV -2022-27 (Lot
86), MV-2022-28 (Lot 57) & MV-2022-30 (Lot 107) be approved by the Committee of
Adjustment:
1. That the variance only applies to the subject property, in substantial conformity
with the site plan attached as ‘Appendix ‘C’, ‘D’ & ‘E’ to this Staff Report, to the
satisfaction of the Director of Planning and Development Services or designate.
Page 73 of 80
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nStakedWooded AreaStable Top ofSlopeStable Top ofSlopeFloodplainFloodplainFloodplainFloodplainFloodplainSTREET 'J'WetlandStable Top ofSlopeWetlandFloodplainSEE DETAIL ASTREET 'H'010501001500.03 ha.0.04 ha.0.35 ha.0.04 ha.0.78 ha.0.72 ha.O.S / VISTA 0.23 ha.0.51 ha.BLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLOCKBLK. 1910.71 ha.1.90 ha.6.38 ha.BLOCKBLOCKBLOCKBLOCKBLOCKBLOCK0.42 ha.0.08 ha.0.06 ha.0.10 ha.0.41 ha.0.73 ha.0.13 ha.0.24 ha.0.31 ha.0.07 ha.0.10 ha.0.48 ha.0.06 ha.0.19 ha.0.02 ha.0.02 ha.0.03 ha.0.45 ha.1.14 ha.0.35 ha.0.62 ha.0.08 ha.2.36 ha.0.36 ha.0.18 ha.0.03 ha.0.18 ha.182160161163162164165166167168169179170171172251173174175176196177181183184187188186190189192193194195197201178Block 2480.3m ReserveBlock 2490.3m ReserveEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEXISTING RESIDENTIALEPPARKETTEEPPARKETTEEPPARKETTEPARKETTEPARKETTEEPO.S / VISTAO.S / VISTAO.S / VISTANegotiated Buffer0.15 ha.O.S / VISTAO.S / VISTAHIGH DENSITYO.S / VISTAEPEPPARKETTEEPO.S / VISTAWKY / SERVICINGWALKWAY /SERVICINGWALKWAY /SERVICINGWALKWAY /SERVICINGWALKWAY /SERVICINGEP 0.07 ha.O.S / VISTAO.S / VISTANegotiated BufferO.S / VISTAWALKWAY /SERVICINGEPPARKETTENegotiated Buffer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ha.0.16 ha.BLKBLKBLKBLKBLKBLKBLKBLKBLKBLKBLK222223224225226227BLK229231200232BLK228242233Block 2500.3m Reserve215245WALKWAY /SERVICINGBLK243BLOCK246BLOCK0.08 ha.252Negotiated BufferBLOCK0.02 ha.180Negotiated BufferBLOCK0.14 ha.253Negotiated BufferBLOCK0.03 ha.199WALKWAY /SERVICINGBLK240BLK254040200400600m01050100150Tel: (905) 513-0170 Markham, Ontario, L3R 6B3140 Renfrew Drive, Suite 201www.mgp.caDateSURVEYOR'S CERTIFICATEProject No: 14-2260Date: February 24, 2015DateSCHEDULE OF LAND USEOWNER'S AUTHORIZATIONKEY PLANPaul Edward, O.L.S.Date Revision BySept. 2/16 Revision to Schedule of Land Use MSSept. 7/16 Reformatting of Land Use Table DRSept. 8/16 Revise Alignment of St.'s I and J DRSept. 30/16 Add Open Space and Walkway Blks DROct. 17/16 Revise Conveyance BlocksDROct. 24/16 Revise BlocksDRHIGHLAND GATE DEVELOPMENTS INC.3190 Steeles Avenue East, Suite 300Markham, Ontario L3R 1G9(905) 477-1177Prepared for:Prepared by:SUBJECT PROPERTYScale:ADDITIONAL INFORMATIONAS REQUIRED UNDER SECTION 51(17) OF THE PLANNINGACT. CHAPTER P.13 (R.S.O. 1990.)(a),(b),(e),(f),(g),(j),(l) - As shown on the Draft Plan.(c) - As shown on the Draft and Key Plan(d)- Land to be used in accordance with the Schedule of Land Use.(i) - Soil is clay loam.(h),(k) - Full municipal services to be provided.NOTE: Contours relate to Canadian Geodetic Datum. Contour interval is 1m with 0.5m interpolated. All corner radii on locals are 5.0m.I hereby authorize Malone Given Parsons Ltd. to prepare and submit this DraftPlan of Subdivision to the Town of Aurora.I hereby certify that the boundaries of the lands to be subdivided as shown onthis Plan and their relationship to the adjacent lands are accurately andcorrectly shown.Block 28 & 31, Plan 65M-2391 &Block 75, Plan 65M-2358, Part ofBlocks 58, 59 & 60, Plan M-2034,Part of Block 7, Plan 65M-2441,Blocks 97 & 99 & Part of Blocks 96 &100, Plan M-2035 & Block 11, PlanM-2036 & Block 36, Plan 65M-2198& Blocks 67 & 71, Plan 65M-2336 &Block 54, Plan 65M-2259 & Part ofBlock 10, Plan 65M-2243 & Block 52,Plan 65M-3679Town of AuroraRegional Municipality of YorkSee OriginalHighland Gate Developments Inc.Boaz Feiner, A.S.O.Rady-Pentek & Edward Surveying Ltd.NSee OriginalSee OriginalSee OriginalNUNITSLAND USEAREA (ha)LOT/BLOCK1-159Min. 18.6m Single Family Detached52Min. 15.6m Single Family Detached10712.43160-166Parkettes3.83191-199Walkways / Servicing Blocks0.66200-2017 Storey High Density Block / Existing Parking Lot0.61248-2500.3m (1 ft ) Reserves0.01Streets A-J17.5m Road with a length of 3,098m5.88TOTAL DEVELOPABLE159 23.42167-177Open Space / Vistas1.54178-180, 251-253 Negotiated Buffers0.65181-190Environmental Protection14.40202-247, 254Future Conveyances to Neighbours0.88TOTAL SITE AREA159 40.89Minor Variance from lot coverageJuly 12, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDAppendix 'B' - Location Map Page 74 of 80
Appendix C - Site Plan and Lot Coverage Plan - Lot 86 (MV-2022-27)Page 75 of 80
Page 76 of 80
Appendix D - Site Plan and Lot Coverage Plan - Lot 57 (MV-2022-28)Page 77 of 80
Page 78 of 80
Appendix E - Site Plan and Lot Coverage Plan - Lot 107 (MV-2022-30) Page 79 of 80
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