Agenda - Committee of Adjustment - 20221013Town of Aurora
Committee of Adjustment
Meeting Agenda
Date:Thursday, October 13, 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 September 8, 2022,
Meeting Number 22-09
That the Committee of Adjustment Minutes from Meeting Number 22-09
be adopted as circulated.
6.Presentation of Applications
6.1.MV-2022-35 - Dunn - 174 Corner Ridge Rd 1
6.2.MV-2022-36 - Rallis - 12 Buchanan Cres 9
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 -35
_______________________________________________________________________________________
Subject: Minor Variance Application
Dunn
174 Corner Ridge Road
Lot 23 PLAN 65M-2748
File: Insert File # MV-2022-35
Prepared by: Rosanna Punit, Planner
Department: Planning and Development Services
Date: October 13, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to permit an inground pool with a
decreased side yard setbacks. The following relief is being requested:
a) Section 4.12 of the Zoning By-law requires inground pools shall be setback a
minimum of 1.2m from the rear and side lot lines.
The applicant is proposing an inground pool, which is 0.9m to the side lot line.
Background
Subject Property and Area Context
The subject property, municipally known as 174 Corner Ridge Road, is generally located
south of Wellington and east of Bathurst Street. The subject property is an interior lot
located on the south side of Corner Ridge Road. The subject property has a lot area of
approximately 518m2 (5575ft2) and a lot frontage of approximately 15m (49ft). The street
is an established residential neighbourhood that is generally characterized by two storey
dwellings. To the rear of the property is a new subdivision that is currently under
construction (Klees Cresent).
Page 1 of 17
October 13, 2022 2 of 7 Report No. MV-2022-35
Proposal
A pool enclosure permit application was applied for and issued by the Building
Department. The inground pool proposed was shown to be in compliance with the
Town’s Zoning By-law 6000-17, as amended on the pool enclosure permit. Upon final
inspection, it was identified that the inground pool was built, not in compliance with the
Town Zoning By-law, as amended.
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.
Zoning
The subject property is zoned “R3(125)” (Detached Third Density Residential Exception
125 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 variance, 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, “the pool has already gone in, and the fence is
completed”
Planning Comments
Planning Staff have evaluated Minor Variance Application MV- 2022-35 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
The intent of the Official Plan Designation is to protect from incompatible forms of
development and at the same time are permitted to evolve and be enhanced overtime.
Staff are of the opinion that the intent of the Official Plan is being maintained.
Page 2 of 17
October 13, 2022 3 of 7 Report No. MV-2022-35
b) The proposed variance meets the general intent of the Zoning By-law
The side yard setback provision is to ensure appropriate and adequate spacing between
buildings and lots.
The Engineering Division, has identified that the site plan shows the built pool’s water
edge encroaching approximately 0.286m into an existing 1.2m wide Town sewer
easement. The neighbouring property to the west also has a 1.8m wide easement, which
combined provides a 3.0m easement that allows the Town access to a rear yard catch
basin and storm lead located on the adjacent property. The catch basin lead drains to
Corner Ridge Road.
Engineering Division staff are not aware of any drainage complaints because of the pool
encroachment. Engineering staff have provided conditions should the minor variance
application be approved by the Committee.
Planning staff are of the opinion that the requested variance is in keeping with the general
intent of the Zoning by-law, with the recommended conditions of Engineering staff.
c) The proposed variance is considered desirable for the appropriate development of the
land
Staff are of the opinion that the pool encroachment is desirable for the development of
the land, with the provided Engineering conditions, should the application be approved.
d) The proposed variance is considered minor in nature
Staff are of the opinion that the pool encroachment is minor in nature and has minimal
impacts to the existing neighbourhood streetscape.
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 August 9,
2022, identifying the non-compliance.
Engineering Division The applicant has provided a site plan showing
the built pool’s water edge encroaching 0.286m
Page 3 of 17
October 13, 2022 4 of 7 Report No. MV-2022-35
Department or Agency
Comments
into an existing 1.2m wide Town sewer
easement. The neighbouring property to the
west also has a 1.8m wide easement, which
combined provides a 3.0m easement that
allows the Town access to a rear yard catch
basin and storm lead located on the adjacent
property. The catch basin lead drains to Corner
Ridge Road.
In the future the Town may need to complete
maintenance, repairs or replacement of the rear
yard catch basin or lead and will need to be able
to access this infrastructure to complete the
works.
The Engineering Division is not aware of any
drainage complaints because of the pool
encroachment. We believe the function of the
rear yard catch basin and its lead are currently
not impacted by the pool encroachment.
Based on the above Engineering Division
has no objections with the above noted
application with the following condition:
That if the Committee of adjustment approves
this minor variance application that it be
approved with a condition that the property
owner enter into an agreement with the Town
noting that:
o the minor variance approval does not
limit or alter the Town’s existing
easement agreement rights;
o the property owner will be required to
remove any structures and obstructions
from the easement lands at any time that
such lands are required by the Town to
exercise its easement rights, with the
removal of any such encroachments and
restoration works being the
Page 4 of 17
October 13, 2022 5 of 7 Report No. MV-2022-35
Department or Agency
Comments
responsibility and at the cost of the
property owner; and
o such agreement shall be registered on the
property.
Operational Services (Parks) No comments received at the time of writing this
report.
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 September 23,
2022)
LSRCA No comments received at the time of writing this
report.
Alectra
Comments provided stating no comments/concerns
with proposed application (dated September 23,
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.
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 and meets the requirements of Section 45(1) of the
Planning Act for granting of minor variances. Staff recommend approval of the requested
variances subject to the conditions outlined in Appendix ‘A’.
Page 5 of 17
October 13, 2022 6 of 7 Report No. MV-2022-35
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 6 of 17
October 13, 2022 7 of 7 Report No. MV-2022-35
Appendix ‘A’ – Conditions of Approval
1. That the property owner enter into an agreement with the Town noting that:
the minor variance approval does not limit or alter the Town’s existing
easement agreement rights;
the property owner will be required to remove any structures and
obstructions from the easement lands at any time that such lands are
required by the Town to exercise its easement rights, with the removal of any
such encroachments and restoration works being the responsibility and at
the cost of the property owner; and
such agreement shall be registered on the property.
2. The owner is responsible for paying any fees associated with entering into an
agreement with the Town in accordance to the Town fee By-law, as amended.
Page 7 of 17
²²²²²²PR20220897Aug. 9, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWHana HossainAPPROVED BY:August 21, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDPage 8 of 17
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 2 -36
_______________________________________________________________________________________
Subject: Minor Variance Application
Constantine Rallis
12 Buchanan Crescent
MV-2022-36
Prepared by: Sean Lapenna, Planner, Planning and Development Services
Department: Planning and Development Services
Date: October 13, 2022
_______________________________________________________________________________________
Application
The applicant is requesting relief from the Town’s Comprehensive Zoning By-law 6000-
17, as amended, to facilitate the development of a cabana with a gross floor area of
approximately 308.0 ft² (28.6 m²) and a building height of 8.0 ft (2.4 m). The following
relief from the requirements of the Town’s Zoning By-law 6000-17, as amended, is
requested:
a) Section 7.2 of the Zoning By-law requires a minimum exterior side yard setback of
6.0 meters. The applicant is proposing a cabana, which is 2.7 metres to the exterior
side yard property line.
Background
Subject Property and Area Context
The subject lands are municipally known as 12 Buchanan Crescent and is a corner lot
located east of Yonge Street, south of St. John’s Sideroad and on the east side of
Buchanan Crescent. The subject lands currently accommodate an existing two -storey
single-detached dwelling with attached two-car garage, an in-ground swimming pool and
the existing cabana for which the subject variance has been applied for. The subject lands
have an approximate lot area of 569.9 m² (6,134.0 ft²) and a lot frontage of 18.7 m (61.35
ft).
Page 9 of 17
October 13, 2022 2 of 7 Report No. MV-2022-36
Proposal
The applicant has requested one variance for a reduced exterior side yard setback in
order to accommodate an existing one-storey rear yard accessory structure, being a
cabana with a gross floor area of approximately 308.0 ft² (28.6 m²) and a building height
of 8.0 ft (2.4 m).
The Town of Aurora received a complaint regarding the existing cabana which is in non-
compliance with the exterior side yard setback requirement of the zoning by-law. In
response to this, the owner submitted the subject Minor Variance application in order to
bring the structure into compliance. The Town’s Building Division confirmed that a
Building Permit would be required.
Official Plan
The subject property is designated ‘Stable Neighbourhood’ by the Town of Aurora Official
Plan. Stable Neighbourhoods are to be protected from incompatible forms of
development but are permitted to evolve over time. All new development shall be
compatible with its surrounding context.
Zoning
The subject property is zoned ‘R3 (28) (Detached Third Density Residential Exception
Zone)’ under Zoning By-law 6000-17, as amended, which permits Accessory Structures
such as cabanas.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town’s Building Division.
The PZR identified the required variance, and no other non-compliance was identified.
Applicant’s stated reasons(s) for not complying with the Zoning By-law
I was unaware of the zoning by-laws requirements pertaining to corner lot facing road
and was under the impression that I was complying by all of the rules and regulations.
Unfortunately, I started construction and now unable to move my structure.
Planning Comments
Planning staff have reviewed the requested variance as per the four tests in section
45(1) of the Planning Act.
Page 10 of 17
October 13, 2022 3 of 7 Report No. MV-2022-36
a) The proposed variance meets the general intent of the Official Plan
Planning staff are of the opinion that the proposed variance will not negatively impact the
character of the neighbourhood. The existing cabana for which the subject variance has
been applied is modest in scale. No negative impacts are anticipated to result. It is
therefore the opinion of Planning staff that the proposed variance maintains the general
intent of the Official Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The subject lands are zoned ‘R3 (28) (Detached Third Density Residential Exception Zone)’
by the Town of Aurora Zoning By-law #6000-17, as amended where accessory structures
such as cabanas are permitted.
The subject property is a corner lot and the cabana has been constructed in the north-
west corner of the property. The purpose of setback requirements under the by-law is to
ensure that adequate separation is provided between buildings on abutting properties.
Staff acknowledge that the cabana was constructed closer to the exterior side yard
property line than what the By-law allows. Staff however are of the opinion that the
requested variance will not result in any conflicts from a building separation standpoint,
especially considering that the exterior side yard is not abutting another neighbouring
residential property but instead, a public thoroughfare (Buchanan Crescent).
In addition to this, the rear yard setback for the cabana (which shares a mutual property
line with an adjacent neighbouring property to the north) is being met and does not require
minor variance approval.
Planning Staff are of the opinion that the proposed minor variance maintains the general
intent and purpose of the Zoning By-law.
c) The variance is considered desirable for the appropriate development or use of the land
The cabana was constructed to serve as an accessory to the owner’s existing in-ground
swimming pool located in the rear yard of the property. Planning Staff note that several
other properties within the local neighbourhood contain rear yard accessory buildings as
well as swimming pools. As such, staff consider the cabana as proposed to be consistent
with the surrounding area from a built form and character standpoint.
As this is an as built structure, the Town’s Engineering Services Division has requested a
site grading plan prepared by a professional engineer or qualified engineering
professional confirming that the existing drainage pattern at the property has been
maintained and that any changes in the grading due to the site works will not result in any
Page 11 of 17
October 13, 2022 4 of 7 Report No. MV-2022-36
adverse impacts on adjacent properties. In addition to this, the Engineering Services
Division is also looking to confirm that any roof drain downspout(s) on the proposed
structure will be located away from the property line to avoid direct outlet of water onto
any adjacent property.
As such, Planning Staff have included a condition of approval requiring the owner to
submit a site grading plan prepared by a professional engineer or qualified engineering
professional demonstrating such, to the satisfaction of the Director of Planning and
Development Services.
Given the condition which has been added, the nature, scale and location of the cabana,
staff have no concerns. Based on the above, staff are of the opinion that permitting the
subject variance is an appropriate development and use of the land.
d) The variance is considered minor in nature
Staff consider the use to be small in scale . The owner has confirmed with staff that the
cabana will not include the addition of any windows at all. This is reflected on the
submitted floor plan. In addition to this, the cabana itself is also screened by a wooden
fence which borders the rear yard, meaning that it is not overly visible from streetscape.
As a result, any potential impacts in regards to privacy are mitigated. Although the cabana
is located closer to the side yard property line than the by-law permits, staff are of the
opinion that given the location, scale and height, that the cabana is not considered to be
visually obtrusive. Finally, the cabana is non-habitable space and therefore cannot be
utilized as a separate detached residential unit. Staff consider the variance to be minor
in nature.
The minor variance application was circulated internally and to external agencies for
review and comment. The following comments were provided:
Department / Agency Comments Provided
Engineering Services We have no objection to the above noted variance application
provided that a site grading plan prepared by a professional
engineer or qualified engineering professional is submitted to
the satisfaction of the Director of Planning and Development
Services, demonstrating that:
1. The existing drainage pattern shall be maintained and any
changes in the grading due the proposed site works shall not
cause any adverse impacts on the adjacent neighbouring
properties;
Page 12 of 17
October 13, 2022 5 of 7 Report No. MV-2022-36
2. Roof drain downspout(s) of the proposed structure shall be
located away from the property line to avoid direct outlet of
water onto the adjacent property.
Building Division Preliminary Zoning Review conducted which identified the
subject variance and did not confirm any zoning non-
compliance was identified.
Accessibility Advisor The Town’s Accessibility Advisor has confirmed that they
have no comments on the subject variance application.
Traffic Analyst No comments provided at the time of writing of this report.
Operational Services - Parks
Division
No comments provided at the time of writing of this report.
Central York Fire Services No comments provided at the time of writing of this report.
Legal Services Legal Services has no comments.
The Regional Municipality of
York
The Regional Municipality of York has completed its review
of the above minor variance and has no comment.
Lake Simcoe Region
Conservation Authority
No comments provided at the time of writing of this report.
Alectra Utilities We have reviewed the proposed Variance application and
have no objections to its approval, subject to the following
comments:
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.
Page 13 of 17
October 13, 2022 6 of 7 Report No. MV-2022-36
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
Public Correspondence
The written submissions that were received at the time of writing of this report expressed
no objection to the requested variance. A copy of comments received have been provided
to the Committee by the Secretary-Treasurer. Any other comments received after the
writing of this report will also be provided to the Committee for review.
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 recommend approval subject to
conditions of approval. Staff’s recommendation of approval is based under the premise
that the information provided on the submitted plans and application form is accurate.
The onus is ultimately on the applicant to demonstrate why they should be granted relief
from the requirements of the zoning by-law and how they satisfy the four tests of the
Planning Act for the granting of minor variance approval.
Please refer to Appendix ‘A’ for the recommended conditions of approval for the
requested variance.
Attachments
Appendix ‘A’ - Recommended Conditions of Approval
Appendix ‘B’ - Site Plan & Floor Plan
Page 14 of 17
October 13, 2022 7 of 7 Report No. MV-2022-36
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2022-36 be
approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in substantial conformity
with the plan(s) attached as ‘Appendix B’ to this Staff Report and dated September
7, 2022, to the satisfaction of the Director of Planning and Development Services.
2. That the owner at its sole cost and expense provide a report along with a grading
and drainage plan prepared by a Professional Engineer demonstrating that the
drainage pattern on site has been maintained and the structure and any associated
grading work completed at site shall not cause any adverse impacts on the
drainage of the adjacent properties, to the satisfaction of the Director of Planning
and Development Services.
Page 15 of 17
12 BUCHANAN CRES.
AURORA, ON
EXISTING
SWIMMING POOL
PROPOSED CABANA
STRUCTURE W/ STORAGE,
W/R &CHANGE AREA
BUCHANAN CRESCENTBUCHANAN CRESCENT2.7 M ±
3.6 M ±1.2 CM ±6.67 M
8.57 M
6.1 M5.45 M
±
5.45 M ±5.45 M ±18.3 M
18.7 M 30.48 M12 BUCHANAN CRES. AURORA, ON
PROPOSED CONDITION N.T.S
PROPERTY LINEPROPERTY LINE
PROPERTY LINE
EXISTING SLAB
ON GRADE
Minimum 1.2 metre setback
between proposed cabana and
existing swimming pool
PR20221023 Sept. 7, 2022
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
Ashley VanderwalAPPROVED BY:
September 7, 2022DATE:
TOWN OF AURORA
PLANNING AND DEVELOPMENT SERVICES
Development Planning Division
RECEIVED
Page 16 of 17
Existing 12" Diameter ConcreteFoundation Post Min 7' Deep15 M @ 16"± C/C15 M @ 16"± C/C8" CONCRETE SLABON 8" - 34" CRUSHER RUNGRAVEL COMPACTED.Existing Reinforced Concrete SlabOn Grade, 8" Thick and ±10" Thickat Perimeter. 15M Rebar installedboth ways at ±16" spacing.Sonotube is 7' Deep3 # 15 M Bars.CHANGINGROOMWASHROOMPOOL EQUIPMENT
A2"x4" WOOD FRAMING WALLUSE WATER RESISTANT DRYWALLTYPICAL 3 SIDESOPEN SPACEUNDER THE BEAM4-2"x4"Wood Postsecure to plateand beam2"x8" JoistSpaced At 16" .3-2"x 10" wood Beam .58" Plywood completedwith roof shinglesAs Built Slab On GradeSlab 32MPA concrete isover 34" Clear Stone±36" Deep over virgin soil.no cracks found in the slab2"X4" WOOD PLATE BOLTED TOCONCRETE SLAB USING 1/2" WEDGEANCHORS, 3 1/2" MINIMUM EMBEDMENTSPACED AT ±36"34" Clear Stone ±36" DeepVirgin soil.Shingles OverIce&WatershieldOver 34" Plywood.2-2"x 4" Top Plate .Metal Drip Flashing2"x4"Wood wallsecure to top andbottom platesPROJECT No.: 22N-08SCALE: NTSDATE: JULY.2022PAGE: 3 OF 3DRAWN BY: A.SDRAWING NO : S3CABANA DESIGNAT 12 BUCHANAN CRES,AURORA, ON,CHECKED BY: J.SFOUNDATION SLAB (As-Built):FLOOR PLAN:Section A-A :NOTES:-CONSTRUCTION TO BE IN ACCORDANCE WITH THE LATESTEDITION OF ONTARIO BUILDING CODE-WALL TO BE CONSTRUCTED FROM 2"X4" WOOD STUDS SPACED AT @±16" O.C. C/W 2X4 SILL PLATE PLUS 2- 2X4 HEADER-IN MY OPINION AND ENGINEERING JUDGEMENT, THE SUB-GRADEUNDER SLAB ON GRADE WILL SUPPORT THE SLAB AND THEPROPOSED CABANA, CONSTRUCTION OF FOOTINGS WILL HAVENO IMPACT OF THE SLAB ON GRADE, BECAUSE THE SLAB ISRESTING OVER GRAVEL OVER VIRGIN SOIL.-NOTIFY THIS ENGINEER FOR INSPECTIONNamcan Engineering andConstruction Management Ltd.john@namcanengineering.ca416 845 8121J.M. SKAFFAug 18, 2022PR20221023Sept. 7, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAshley VanderwalAPPROVED BY:Page 17 of 17