Agenda - Committee of Adjustment - 20221110Town of Aurora
Committee of Adjustment
Meeting Agenda
Date:Thursday, November 10, 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 October 13, 2022, Meeting
Number 22-10
That the Committee of Adjustment Minutes from Meeting Number 22-10
be adopted as circulated.
6.Presentation of Applications
6.1.MV-2022-37 - Lazzaro - 130 Brookeview Drive 1
6.2.MV-2022-38 - YRDSB - 11 Spring farm road 7
6.3.MV-2022-32 - Khayat - 101 Wells Street 16
6.4.MV-2022-13 - 2352107 Ontario Inc - 1588 St. John's Sdrd (Block 1)30
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 -37
_______________________________________________________________________________________
Subject: Minor Variance Application
Lazzaro
130 Brookeview Drive
65M-2805, Lot 103
File: Insert File #MV-2022-37
Prepared by: Rosanna Punit, Planner
Department: Planning and Development Services
Date: November 10, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to recognize a driveway width. The
following relief is being requested:
a) Section 5.6.1(a)(iii) of the Zoning By-law permits a maximum driveway width of 10.0
metres if the lot frontage is 18.0 metres or greater, with the exception that the
maximum driveway width at the street line shall not exceed 6.0 metres.
The applicant is proposing a driveway width of 10.1 metres at the street line.
Background
Subject Property and Area Context
The subject property is municipally known as 130 Brookeview Drive and is generally
located south of Henderson Drive and east of Bathurst Street. The subject property is an
end lot, located on the east side of Brookeview Drive. The subject property has a lot area
of approximately 885m2 (9,526ft2) and a lot frontage of approximately 22m (72ft). The
surrounding area is a residential neighbourhood that is generally characterized by two
storey dwellings. The subject property currently contains a two-storey dwelling with
attached three car garage. The subject property abuts a forested area to the south.
Page 1 of 37
November 10, 2022 2 of 5 Report No. MV-2022-37
Proposal
The applicant is requesting to recognize an existing driveway width of 10.1 metres on the
property.
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 “R3-60” (Detached Third Density Residential Zone
Exception, sixty) by Zoning By-law 6000-17, as amended, which permits a single detached
dwelling.
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 “130 Brookeview is situated on an infill site on a court
with a three-car garage. The curved entry curb opening from the road to the garage has
proven to be an obstacle to entry and exit with a short-bent driveway”.
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2022-37 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 Official Plan states that new development abutting existing residential development
shall be sympathetic to the form and character of existing development. Staff are of the
opinion that the general intent of the Official Plan is being maintained.
b) The proposed variance meets the general intent of the Zoning By-law
Page 2 of 37
November 10, 2022 3 of 5 Report No. MV-2022-37
The subject property abuts a forested area to the south and is the last dwelling on the
street with a cul de sac providing for a unique driveway configuration for maneuverability
of vehicles. Staff are of the opinion that the requested variance does not negatively
impact the existing neighbourhood character and meets the general intent of the Zoning
By-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
Given the unique configuration of the driveway and the lot abutting a forested area, Staff
are of the opinion that the variance is desirable and appropriate for the lot. Staff are of
the opinion that there are no negative impacts to the existing neighbourhood.
d) The proposed variance is considered minor in nature
Staff are of the opinion that the requested variances are minor in nature and provide for
easier maneuverability of vehicles in and out of the property.
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
September 27, 2022.
Engineering Division
Comments provided stating no comments/concerns
with proposed application (dated: Oct. 19, 2022)
Operational Services (Parks)
Comments provided stating no comments with the
application (dated: October 28, 2022)
Operational Services
(Public Works)
Comments provided stating no comments with the
application (dated: October 20, 2022)
Central York Fire Services
No comments received at the time of writing this
report.
York Region Comments provided stating no comments with this
application (dated: October 24, 2022).
Page 3 of 37
November 10, 2022 4 of 5 Report No. MV-2022-37
Department or Agency
Comments
LSRCA No comments received at the time of writing this
report.
Alectra
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
customer will be responsible for 100% of Alectra’s
cost for any relocation work. (Dated: October 20,
2022)
Public Correspondence
No written submissions were 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.
Page 4 of 37
November 10, 2022 5 of 5 Report No. MV-2022-37
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 variance.
Attachments
Appendix ‘A’ – Site Plan
Page 5 of 37
PR20220577 Sept. 27, 2022
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
Ashley VanderwalAPPROVED BY:Oct. 4, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVED1SUBMISSION No.Page 6 of 37
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 2 -38
_______________________________________________________________________________________
Subject: Minor Variance Application
York Region District School Board
11 Spring Farm Road
MV-2022-38
Related File: SP-2022-02
Prepared by: Sean Lapenna, Planner
Department: Planning and Development Services
Date: November 10, 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 new two-storey secondary school with
a total Gross Floor Area of 12,959.05 m² (139,490 ft²), artificial turf field, practice field,
100 m sprint track and 210 parking spaces. The development proposes a total of three
driveways onsite for access and parking.
The following relief from the requirements of the Town’s Zoning By-law 6000-17, as
amended, is requested:
Section 5.5.4 (a) of Zoning By-law 6000-17 states that driveways servicing
buildings shall not exceed two (2) in number per lot. The applicant is proposing
three (3) driveways.
Background
Subject Property and Area Context
The subject property is municipally known as 11 Spring Farm Road and is located south
of St. John’s Sideroad, east of Bayview Avenue and on the south side of Spring Farm
Road. The subject property which is a corner lot, is currently vacant. It has an approximate
lot area of 16.13 ac (65, 276.0 m²) and a lot frontage of 160.29 m (526.0 ft).
Page 7 of 37
November 10, 2022 2 of 8 Report No. MV-2022-38
Proposal
The applicant has requested one variance for an increase in the number of onsite
driveways (three driveways total) in order to accommodate a future two-storey secondary
school with a total Gross Floor Area of 12,959.05 m² (139,490 ft²). A Site Plan application
has been submitted to the Town and is currently under review (SP-2022-02). As shown
on the Site Plan, one driveway has been proposed along Spring Farm Road and two off of
Conover Avenue.
Beginning in the south-east end of the site and fronting Conover Avenue, this proposed
driveway includes one ingress lane and two egress lanes for a total of three lanes and
width at street line of 27.907 m (91.5 ft).
This driveway provides access to and from the school’s parking lot (210 parking spaces
including 8 barrier free parking spaces) as well as two pick up and drop off lanes internal
to the site. The pickup and drop off lanes have been designed to accommodate both
smaller and larger sized vehicles (school busses).
This next driveway is located on the east end of the site (also fronting Conover Avenue)
and is located approximately 112.9 m (370 ft) north of the previously described driveway,
includes two lanes (one ingress and one egress) and has a width at streetline of 18.986
m (62.3 ft).
The third driveway is fronting Spring Farm Road, includes two lanes (one ingress and one
egress) and has a width at street line of 22.100 m (72.50 ft). Similar to the other two
previously described driveways, it provides access to and from the parking areas located
on the property, as well as the dedicated drop-off lanes internal to the site.
Official Plan
The subject property is designated ‘Secondary School’ by the Town of Aurora Official
Plan. The subject lands have been identified to accommodate a future Secondary
School development on Schedule A of the Official Plan (OPA 30 – Bayview Northeast
Area 2B Secondary Plan).
Zoning
The subject property is zoned ‘I-16 (Institutional Exception Zone)’ under Zoning By-law
6000-17, as amended, which permits a Secondary School.
Page 8 of 37
November 10, 2022 3 of 8 Report No. MV-2022-38
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
The anticipated volume of traffic entering and leaving the site via two driveways would
lead to increased congestion on surrounding streets. A third driveway will improve traffic
circulation on the site and help to reduce congestion at the Spring Farm Road & Conover
Avenue/Marshview Avenue driveways at peak morning and evening periods.
Planning Comments
Planning Staff have reviewed the requested variance as per the four (4) tests in section
45(1) of the Planning Act.
a) The proposed variance meets the general intent and purpose of the Official Plan
The subject property is designated ‘Secondary School’ by the Town of Aurora Official Plan
and has been specifically designated to accommodate a future Secondary School. As it
pertains to the subject Minor Variance application, Section 3.6.1 d) of OPA 30 outlines
that for a Secondary School use, that council will encourage high quality site planning and
architectural design of all school buildings in order to:
i) Promote safety and interest for pedestrians;
ii) Provide efficient transit, school bus and private automobile drop-off functions
to allow the unrestricted flow of through traffic.
Based on the site layout, planning Staff are of the opinion that the drop-off functions and
access points have been designed in a manner intended to promote safety for
pedestrians as well as to provide for efficient transit, school bus and private automobile
drop-off functions.
It is therefore the opinion of Planning staff that the proposed variance maintains the
general intent and purpose of the Official Plan.
b) The proposed variance meets the general intent and purpose of the Zoning By-law
The intent of Section 5.5.4 a) of the Zoning By-law is to limit the maximum number of
driveways to two (2) as well as to regulate the design of driveways to ensure that there is
adequate space for landscaping and the placement of utilities, to ensure there are no
Page 9 of 37
November 10, 2022 4 of 8 Report No. MV-2022-38
adverse impacts on sidewalks, roadways or streetscape and that adequate space for
parking remains available.
With a lot frontage of 160.29 m (526.0 ft) along Spring Farm Road and a property line
length of 372.58 m (1,222.0 ft) along Conover Avenue, Planning Staff are of the opinion
that the subject lands are wide enough to accommodate the driveway configuration
proposed without compromising the soft landscaping space along the frontage of Spring
Farm Road (where only one of the three driveways has been proposed).
Along Conover Avenue is where the remaining two driveways have been proposed where
the distance between the two driveways is approximately 112.9 m (370 ft). The
separation distance between the driveway on Conover Avenue which is located central to
the site and the driveway located along Spring Farm Road is 148.06 m (486.0 ft).
With a very generous existing lot frontage along Spring Farm Road and the length of the
property line along Conover Avenue, combined with sufficient separation distance being
provided between each driveway, staff are also of the opinion that the proposal will result
in no negative impacts to the overall character of the streetscape.
Planning Staff are therefore of the opinion that increasing the number of driveways to the
subject lands as proposed will not result in any negative impacts and are of the opinion
that the general intent and purpose of the Zoning By-law is met.
c) The variance is considered desirable for the appropriate development or use of the land
Permitting an increase in number of driveways as proposed results in additional access
points being available to the property which staff are of the opinion will result in traffic
being accommodated onsite to the greatest extent possible, which will signif icantly
minimize the potential parking impacts off site.
Planning Staff are of the opinion that allowing an increase in number of driveways
permitted for this site would allow for safe and efficient inbound and outbound traffic
movements throughout the property. It would allow for enhanced access for both smaller
and larger (School Bus) vehicles throughout a larger sized institutional development.
Staff are of the opinion that the variance as proposed is considered to be desirable for the
appropriate development and use of the land.
d) The variance is considered minor in nature
Allowing one additional driveway beyond what the by-law permits in this case is not
viewed by staff as a significant departure from the by-law requirement, especially when
taking into consideration how large the property is (16.13 ac). The subject property is a
Page 10 of 37
November 10, 2022 5 of 8 Report No. MV-2022-38
corner lot and the configuration of the driveways has been designed in a manner whereby
two of the driveways are accessed off of one street (Conover Avenue) and one driveway
to be accessed off of another street (Spring Farm Road).
As outlined earlier in this report, staff are of the opinion that adequate separation
distances have been provided between all driveways, and together with the overall site
design, believe that potential negative impacts will be mitigated.
Staff also advise that all other applicable by-law requirements are still being met. This
would include setbacks, building height, lot coverage as well as onsite parking
requirements. As such, no other variances have been requested.
Staff therefore consider the variance to be minor in nature.
Additional Comments
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 reviewed the above noted application and have no
objections.
Building Division Preliminary Zoning Review conducted. No comments
provided specifically on the application at the time of writing
of this report.
Accessibility Advisor No comments at this time.
Please also note that there are new Design of Public Spaces
(Built Environment) Standards enacted from the Province of
Ontario, under the Accessibility for Ontarians with Disabilities
Act and revisions to the Ontario Building Code to help
standardize and encourage barrier free access.
On behalf of the Accessibility Advisory Committee, thank you
for the opportunity to comment.
Operational Services - Parks
Division
We have reviewed the documentation for the property
associated with the above noted application and have no
formal comments as these are being addressed with
through Site Plan Application SP 2022-02
Operational Services - Public
Works
No comments.
Traffic Analyst No comments provided at the time of writing of this report.
Page 11 of 37
November 10, 2022 6 of 8 Report No. MV-2022-38
Central York Fire Services No comments provided at the time of writing of this report.
Legal Services No objection made from Legal Services regarding the subject
application.
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
The LSRCA will not be providing formal comments nor will we
be collecting an LSRCA review fee. The subject application
does not warrant a technical review as it pertains to natural
heritage.
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.
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
Page 12 of 37
November 10, 2022 7 of 8 Report No. MV-2022-38
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 recommend approval subject to a
condition of approval. Please refer to Appendix ‘A’ for the recommended condition of
approval for the requested variance.
Attachments
Appendix ‘A’ – Recommended Condition of Approval
Appendix ‘B’ - Site Plan
Page 13 of 37
November 10, 2022 8 of 8 Report No. MV-2022-38
Appendix ‘A’ – Recommended Condition of Approval
The following condition is required to be satisfied should application MV-2022-38 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 B’ to this Staff Report and dated October
2021, to the satisfaction of the Director of Planning and Development Services.
Page 14 of 37
X X X X X X
XXTWO STOREYSECONDARY SCHOOLPRACTICEFIELDARTIFICIALTURF FIELD100M SPRINTTRACKOUTDOORSTORAGELOADINGAREA /GARBAGEPICK-UPFUTUREADDITIONXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXEXISTING RESIDENTIALEXISTING RESIDENTIAL EXISTING COMMERCIAL
EXISTING RESIDENTIALEXISTING RESIDETIALEXISTING
STORMW
A
T
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DETENTIO
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P
O
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DFUTUREPORTABLESEXISTING RESIDENTIALA1.216A1.220WXXXSecondary SchoolA2Secondary SchoolSchooln/a Pð PðGround FloorSecond Floor Pð Pð Pð Pðn/a3.073.083.093.103.113.123.133.143.153.163.173.18Building HeightHigh BuildingNumber of Streets/Fire Fighter AccessSprinkler SystemStandpipe SystemFire Alarm SystemWater Service/Supply isAdequateConstruction Type:ImportanceCategory:Seismic HazardIndex:Occupant Load[A] 1.4.1.2. &3.2.1.1.3.2.6.3.2.2.10. & 3.2.5.3.2.2.20. -83.3.2.1.5. &3.2.2.17.3.2.9.3.2.4.3.2.2.20. -83. &3.2.1.4.4.1.2.1.(3) &T4.1.2.1.B4.1.2.1.(3) &4.1.8.18.(2)3.1.17Storeys above gradeStoreys below grade(m) Above gradeNoYesstreet(s)AGroup/DivRequiredNot Requiredentire buildingselected floor areasin lieu of roof ratingProposed:selected compartmentsbasementnoneNot RequiredRequiredRequiredNot RequiredSingle stageProposed:Two stageNoneNoYesRestriction:Actual:Heavy Timber Cosntruction:NoYesNon-combustibleCombustible permittedNon-combustible requiredCombustibleCombinationLowHighPost-disasterNormalLow human occupancyMinor storage buildingPost-disaster shelterExplosive or hazardoussubstances(IE Fa Sa (0.2)) =Seismic design required for Table 4.1.8.18. items 6 to 21:(IE )D6D RU3RVWGLVDVWHU NoYesFloor Level/AreaOccupancyTypeBased OnOccupant Load(Persons)28.412 (3.2.2.24)00.212Ground FloorSecond FloorA/2A/2DesignUse/AreaDesign Use662656001 hr1 hr1 hr001 hrNorthSouthEastWest1026.3789.3994.6787.331.663.9192.517.4n/an/an/an/a0000Total/Boys3.7.4.3.(14)3.7.4.3.(14)3.7.4.3.(1)3.8.3.3.(a)Total/GirlsStaff (50/50)Universal W/RPrescriptiveZone 6Ontario Building Code MatrixPart 3Building CodeReference3.003.013.023.033.043.053.06Building CodeVersion:Last Amendment:Project Type:Major OccupancyClassification:SuperimposedMajorOccupancies:%XLOGLQJ$UHD Pð *URVV$UHD Pð Mezzanine Area Pð NewDescription:Change of useAdditionAddition & RenovationRenovation[A] 1.1.2.3.1.2.1.(1)3.2.2.7.[A] 1.4.1.2.[A] 1.4.1.2.3.2.1.1.OccupancyUseNoYesDescription:DescriptionExistingNewTotalTotalDescriptionExistingNewTotalTotalDescriptionExistingNewTotalTotal1O. Reg. 332/12O. Reg. 191/143.193.203.213.223.233.243.25Barrier-FreeDesign:HazardousSubstances:Required FireResistanceRatingsSpatial SeparationPlumbing FixtureRequirementsEnergy Efficiency:Notes:3.8.3.3.1.2. &3.3.1.19.3.2.2.20. -83. &3.2.1.4.3.2.3.3.7.4.YesNoYesNoHorizontal AssemblyRatingSupportingAssembly(H)Noncombustiblein lieu of rating?NoYesN/ANoYesN/ANoYesN/ANoYesN/AFloors over basementFloorsMezzanineRoofWallEBFArea Pð L.D.(m)L/HorH/LRequiredFRR(H)ConstructionTypeRequiredCladdingTypeRequiredNoncombustibleNoncombustibleNoncombustibleNoncombustibleNoncombustibleNoncombustibleNoncombustibleNoncombustibleRatioFloor Level/AreaOccupantLoadOBCReferenceFixturesRequiredFixturesProvidedCompliance Path:Climatic Zone:1All References are to Division B of the OBC unless preceded by [A] for Division A AND [c] for Division CPermitted Max.% of OpeningsProposed% of Openings27%19%15%29%100100100100 Pð Pð Pð Pð625625662226627 (12+13urinals)2910/10112DR. G.W. WILLIAMSSECONDARY SCHOOLREPLACEMENT SCHOOLàààPR20221146Oct. 11, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWBill JeanAPPROVED BY:Oct. 11, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVED1SUBMISSION No.Page 15 of 37
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 2 -32
_______________________________________________________________________________________
Subject: Minor Variance Application
Saad Mike Khayat
101 Wells Street
PLAN 120 LOT 61
MV-2022-32
Prepared by: Sean Lapenna, Planner
Department: Planning and Development Services
Date: November 10, 2022
_______________________________________________________________________________________
Application
The applicant is requesting relief from the Town’s Comprehensive Zoning By-law 6000-
17, as amended, to facilitate the re-development of an existing one and a half storey
single-detached dwelling, to now include a second storey addition.
The following relief from the requirements of the Town’s Zoning By-law 6000-17, as
amended, is requested:
a) Section 4.20 of the Zoning By-law requires steps to be a minimum 4.5 m from the
front lot line. The applicant is proposing new steps 3.0 m from the front lot line.
b) Section 4.20 of the Zoning By-law requires an open porch to be a minimum of 4.5
m from the front lot line. The applicant is proposing a new porch 3.7 m front the
front lot line.
c) Section 7.2 of the Zoning By-law requires a minimum front yard setback of 6.0 m.
The applicant is proposing a second storey addition which is 5.0 m to the front lot
line.
d) Section 7.2 of the Zoning By-law requires a minimum exterior side yard setback of
6.0 m. The applicant is proposing a second storey addition, which is 1.2 m to the
exterior side lot line.
Page 16 of 37
November 10, 2022 2 of 11 Report No. MV-2022-32
Background
Subject Property and Area Context
The subject lands are municipally known as 101 Wells Street and are located within the
Town Park Stable Neighbourhood, south of Wellington Street West, east of Yonge Street
and on the east side of Wells Street. The subject lands currently accommodate an
existing one and half storey single-detached dwelling with attached garage and a mature
tree located in the front yard. The subject lands have an approximate lot area of 567.29
m² (6,106.0 ft²) and a lot frontage of 12.95 m (42.49 ft). 101 Wells Street is a non-
designated property listed on the Town’s Heritage Register. The proposed work does not
require a heritage permit under the Ontario Heritage Act.
Proposal
The applicant has requested four variances for a front yard step encroachment, open
porch encroachment, front yard setback and reduced exterior side yard setback in order
to accommodate the redevelopment of an existing one and a half storey single-detached
dwelling, which will now include a second storey addition. As per the submitted site plan,
the new total Gross Floor Area proposed for the dwelling is 299.41 m² (3,223.0 ft²)
The applicant will not be building beyond the existing footprint of the existing dwelling. A
related Stable Neighbourhood Site Plan application has been submitted to the Town’s
Planning Department which is currently under review.
Official Plan
The subject property is designated ‘Stable Neighbourhoods’ 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. Single detached dwellings are permitted in the
Stable Neighbourhoods designation.
Zoning
The subject lands are zoned R3-SN (497) (Detached Third Density Residential Exception
Zone) by the Town of Aurora Zoning By-law #6000-17, as amended, where ‘Dwelling,
Detached’ is listed as a permitted use.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Building Division. The PZR
identified the required variances, and no other non-compliance was identified.
Page 17 of 37
November 10, 2022 3 of 11 Report No. MV-2022-32
Applicant’s stated reasons(s) for not complying with the Zoning By-law
It is not possible to comply with the by-laws due to the fact that the home itself is beyond
the setbacks as well as the front porch.
Planning Comments
Planning staff have reviewed the requested variances as per the four tests in section 45(1)
of the Planning Act.
a) The proposed variances meet the general intent and purpose of the Official Plan.
The intent of the ‘Stable Neighbourhoods’ designation is to ensure that all new
development will be protected from incompatible forms of development and at the same
time, are permitted to evolve and be enhanced over time.
Staff are of the opinion that the proposed two-storey built form is compatible with the
built form in the surrounding neighbourhood. Through the site plan review process, staff
will further review the building design to ensure compatibility from an urban design and
character perspective.
Section 8.1.2 of the Town’s Official Plan lists ‘Ground-Related Residential Uses’ as
permitted within Stable Neighbourhood areas.
Staff are therefore of the opinion that the proposed variances maintain the general intent
and purpose of the Official Plan.
b) The proposed variances meet the general intent and purpose of the Zoning By-law.
The intent of the front yard steps and open porch provisions is to ensure that adequate
spatial separation between front yard steps, porch and the front yard property line will be
maintained, that the steps and porch will not negatively impact the front yard amenity
space and that the front yard steps and porch will not become visually obtrusive from an
urban design standpoint.
For this particular property, the front yard abuts a landscaped municipal boulevard which
fronts Wells Street and is over 3.0 m wide. Although the front yard steps and porch will
be located closer to the front yard property line than what the by-law permits, the steps
and porch as proposed are not anticipated to result in any negative impacts to the
relationship with the front yard amenity space nor is it considered by staff to visually
obtrusive.
The intent of the minimum front yard setback requirement is to ensure that adequate
spatial separation between street lines are maintained, to minimize potential impacts on
Page 18 of 37
November 10, 2022 4 of 11 Report No. MV-2022-32
adjacent properties, to ensure that an adequate amount of outdoor amenity area remains
in the front yard and to ensure that the development is compatible so as not to have a
negative impact with abutting properties, the surrounding area or the existing
streetscape.
Staff are of the opinion that adequate spatial separation between street lines will continue
to be maintained and that the reduced front yard setback will not result in any negative
impacts to the streetscape.
The purpose of the exterior side yard setback by-law requirement is to ensure that
sufficient space exists so as not to impede access or side yard maintenance, as well as
to maintain an appropriate interface with the street.
Because the addition will not extend beyond the existing building footprint, the proposal
will not impede existing access along the side yard, access to the rear yard or future
maintenance along the side yard. This includes future maintenance of eaves along the
side yard, which staff notes will not encroach over the side property line.
Because adequate separation will still exist between the dwelling and abutting street,
staff have no concerns in regards to the relationship with the side streetscape from an
interface standpoint.
Based on the above staff are of the opinion that the requested variances meet the general
intent and purpose of the zoning by-law.
c) The variances are considered desirable for the appropriate development or use of the
land.
Staff are of the opinion that the proposed location of the front yard steps and porch will
not materially interfere with the front yard amenity space, the abutting municipal
boulevard and will be sufficiently setback from Wells Street.
Staff note that the reduced front yard setback of 5.0 m (16.0 ft) is generally consistent
with the placement of other existing dwellings along Wells Street, resulting in
compatibility from a streetscape standpoint.
Staff note that the subject property is a corner lot, which is located on the north-west
corner of Wells Street and Harrison Avenue. The submitted Minor Variance application
for a reduced side yard setback requests the reduction for the exterior side yard, which
does not about another neighbouring residential property containing a single-detached
dwelling but instead a municipal boulevard and public throughfare (Harrison Avenue). As
such, the requested 12 m exterior side yard setback would not result in any conflicts as it
relates to spatial separation with any other neighbouring property.
Page 19 of 37
November 10, 2022 5 of 11 Report No. MV-2022-32
Based on the above, staff consider the requested variances to be desirable for the
appropriate development and use of the lands.
d) The variances are considered to be minor in nature.
Staff consider the minor variance requests for the front yard steps and open porch to be
minimal and will have no impact on surrounding properties or neighbourhood character.
Given the location of the steps and porch and considering that a sufficient front yard
setback will be maintained, this variance is considered by staff to be minor.
The reduced front yard setback of 5.0 m (16.0 ft) is considered to be minor by staff and
generally in keeping with the by-law requirement of 6.0 m (20.0 ft). The reduced front yard
is a result of an existing condition and will not impact the front yard amenity space.
The second storey addition will not extend beyond the exterior wall along the north side
property line of the existing dwelling as the new second floor wall will sit on top of the
existing ground floor wall. As such, the proposed side yard setback of 1.20 m is already
in place for the existing dwelling as it is today.
The location of the single-detached residential dwelling on the subject lands will remain
unchanged and is in keeping with the existing single-detached residential dwellings along
Wells Street and the character of the surrounding residential neighbourhood and
streetscape.
Based on the above, staff considers the variances to be minor in nature.
Additional Comments
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 reviewed the above noted minor variance
application and have no comments.
Building Division Preliminary Zoning Review conducted. No comments
provided specifically on the application at the time of writing
of this report.
Accessibility Advisor No comments at this time.
Please also note that there are new Design of Public Spaces
(Built Environment) Standards enacted from the Province of
Ontario, under the Accessibility for Ontarians with Disabilities
Page 20 of 37
November 10, 2022 6 of 11 Report No. MV-2022-32
Act and revisions to the Ontario Building Code to help
standardize and encourage barrier free access.
On behalf of the Accessibility Advisory Committee, thank you
for the opportunity to comment.
Traffic Analyst I have no concern with this application. Thank you.
Operational Services – Parks We have reviewed the documentation for the property
associated with the above noted application.
The application does not reference impact to existing trees,
however there are trees situated on the subject
property/adjacent property that may require removal and/or
may be impacted by excavation or disturbance due to
construction on the residence.
In view of the above staff recommend that the Committee
impose the following conditions if this application is
approved.
That the owner may be required to provide an
Evaluation Report prepared by a Certified Arborist or
Professional Registered Forester outlining all aspects
of the impacts that this proposal will have on existing
and current remaining vegetation, The report shall
include recommendations and an action plan on the
mitigation of negative effects to vegetation , during
and post construction periods as well as measures
aimed at tree health care and protection for trees
effected by the project and any remaining trees in the
vicinity of the project that require applicable
maintenance.
In addition, the report shall include a schedule of
monitoring the ongoing site work through a series of
scheduled site visits by the Arborist / Forester during
and post construction to ensure the vegetation
preservation measures remain in compliance
throughout the project, each site visit to be
documented and any resulting action items required
by the Arborist /Forester shall be implemented and
Page 21 of 37
November 10, 2022 7 of 11 Report No. MV-2022-32
confirmed on site forthwith by the Arborist /Forester
following each visit.
The owner may be required to provide vegetation
compensation and a replanting plan in accordance
with the Town of Aurora TREE REMOVAL/PRUNING
AND COMPENSATION POLICY to the satisfaction of
the Director of Operational Services as compensation
for trees removed to facilitate construction.
Compensation planting shall be completed prior to
release of the financial securities.
The owner shall agree to comply with the Aurora Tree
Permit By-law # 5850 -16 prior to the removal of any
trees on the property.
The owner shall agree to provide financial securities
based on the total value of the Tree Compensation
evaluation and all Arboriculture works as defined by
the Town and the Owners Arborist/ Forester. To the
satisfaction of the Director of Parks and Recreation.
All of the above shall be included as terms and
conditions in a Letter of Undertaking with the Town of
Aurora to guarantee compliance with the Conditions of
Approval and all related site works
Operational Services – Public
Works
Public Works has no comments.
Legal Services No objection made from Legal Services regarding the subject
application.
Central York Fire Services CYFS has no comments on the subject Minor Variance
application.
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
The LSRCA will not be providing formal comments nor will we
be collecting an LSRCA review fee. The subject application
does not warrant a technical review as it pertains to natural
heritage.
Alectra Utilities We have reviewed the proposed Variance application and
have no objections to its approval, subject to the following
comments:
Page 22 of 37
November 10, 2022 8 of 11 Report No. MV-2022-32
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 customer will be responsible for 100% of
Alectra’s cost for any relocation work
Hydro One We are in receipt of your Application, dated August 12, 2022.
We have reviewed the documents concerning the noted Plan
and have no comments or concerns at this time. Our
preliminary review considers issues affecting Hydro One’s
'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution
Facilities’ please consult your local area Distribution Supplier.
To confirm if Hydro One is your local distributor please follow
the following link:
Stormcentre (hydroone.com)
Please select “Search” and locate address in question by
entering the address or by zooming in and out of the map
If Hydro One is your local area Distribution Supplier, please
contact Customer Service at 1-888-664-9376 or e-mail
Page 23 of 37
November 10, 2022 9 of 11 Report No. MV-2022-32
CustomerCommunications@HydroOne.com to be connected
to your Local Operations Centre
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 recommend approval subject to
conditions of approval. 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.
Conditions of approval have been attached as Appendix ‘A’ should Committee wish to
issue Minor Variance approval.
Attachments
Appendix ‘A’ - Recommended Conditions of Approval
Appendix ‘B’ - Site Plan & Elevations
Page 24 of 37
November 10, 2022 10 of 11 Report No. MV-2022-32
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2022-32 be
approved by the Committee of Adjustment:
1. That the variances only apply to the subject property, in substantial conformity
with the plan(s) attached as ‘Appendix B’ to this Staff Report and dated Oc tober
10, 2022, to the satisfaction of the Director of Planning and Development Services.
2. That the owner may be required to provide an Evaluation Report prepared by a
Certified Arborist or Professional Registered Forester outlining all aspects of the
impacts that this proposal will have on existing and current remaining vegetation,
The report shall include recommendations and an action plan on the mitigation of
negative effects to vegetation , during and post construction periods as well as
measures aimed at tree health care and protection for trees effected by the project
and any remaining trees in the vicinity of the project that require applicable
maintenance.
3. In addition, the report shall include a schedule of monitoring the ongoing site work
through a series of scheduled site visits by the Arborist / Forester during and post
construction to ensure the vegetation preservation measures remain in
compliance throughout the project, each site visit to be documented and any
resulting action items required by the Arborist /Forester shall be implemented and
confirmed on site forthwith by the Arborist /Forester following each visit.
4. The owner may be required to provide vegetation compensation and a replanting
plan in accordance with the Town of Aurora TREE REMOVAL/PRUNING AND
COMPENSATION POLICY to the satisfaction of the Director of Operational
Services as compensation for trees removed to facilitate construction.
Compensation planting shall be completed prior to release of the financial
securities.
5. The owner shall agree to comply with the Aurora Tree Permit By-law # 5850 -16
prior to the removal of any trees on the property.
6. The owner shall agree to provide financial securities based on the total value of
the Tree Compensation evaluation and all Arboriculture works as defined by the
Town and the Owners Arborist/ Forester. To the satisfaction of the Director of
Parks and Recreation.
Page 25 of 37
November 10, 2022 11 of 11 Report No. MV-2022-32
7. All of the above shall be included as terms and conditions in a Letter of
Undertaking with the Town of Aurora to guarantee compliance with the Conditions
of Approval and all related site works
Page 26 of 37
FRONT PORCH
4' x 12'
UP
WELLS STREETHARRISON AVENUEBUILDING CODE MATRIX
(PLACE HOLDER)
HVAC CALCULATIONS
(PLACE HOLDER)
A401
2
RESIDENTIAL
DWELLING
2 STOREY
299.41 SQ. M.
1167
1381
5639574231052499
188
1505
SITE STATISTICS - EXISTING
EXISTING BUILDING AREA 128.12 SQ. M.
TOTAL LOT COVERAGE
SITE AREA 567.29 SQ. M.
22.59%
EXISTING GROSS FLOOR AREA 210.61 SQ. M.
BUILDING HEIGHT 6.71 M.
SITE STATISTICS - PROPOSED
SITE AREA 567.29 SQ. M.
BUILDING AREA 125.91 SQ. M.
LOT COVERAGE 22.20%
PROPOSED GFA 299.41 SQ. M.
BUILDING HEIGHT 9.32 M.2537725056343935421719
415
5009N12d 41' 00" W 42.5' (12.95m)
N12d 41' 00" W 42.5' (12.95m)N12d 41' 00" W 143.67' (43.78m)N12d 41' 00" W 143.67' (43.78m)BOULEVARD
BOULEVARD
69 HARISON AVENUE
U.P.
U.P.
A400
1
A400
2
A401
1
103 WELLS
STREET
1890
21452547
EXISTING EXTERIOR WALL OUTLINE
(AS SHOWN ON BLOCK PLAN)
SITE AREA
567.29 SQ. M.582210600 2700GRAVEL
DRIVEWAY
(PROPOSED)
EXISTING DRIVEWAY
TO BE REMOVED
A100
1
SCALE:1:150
SITE PLAN
2022.02.13
MIKE KHAYAT
101 WELLS STREET
AURORA, ON L4G 1T4
SCALE:
DRAWING TITLE:
PROJECT NUMBER:
DATE:
DRAWING NUMBER:
PROJECT:
SUBMITTED ON BEHALF OF:
Plotted Date: Oct 10, 2022 - 5:02pm
A100
1:150
SITE PLAN
Plotted Date: Oct 10, 2022 - 5:02pm
PROPOSED SECOND FLOOR
LEGEND:
- EXISTING AREA GROUND FLOOR
RECONSTRUCTION-
PROPOSED SECOND FLOOR
CONSTRUCTION-
PROPOSED GROUND FLOOR
CONSTRUCTION-37393029PR20221145 Oct. 11, 2022
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
Hana HossainAPPROVED BY:
Page 27 of 37
GROUND FLOOR
SECOND FLOOR
T/O ROOF
T/O FLOOR SLAB 9320305244027453260U/S OF ROOF
2185T/O CHIMNEY
570U/S OF FDN-01.875 1220GRADE 655-00.655
00.000
02.745
-02.185
05.490
08.750
09.320
305A B C EDB1B2
GRADE
LOWER LEVEL
(BELOW GRADE)
GRADE
BRICK VENEER (WHITE)
WOOD EDGING TRIM
100mm (WHITE)
FAUX CHIMNEY BRICK
VENEER (WHITE)
CHIMNEY PRE-CAST
CAPPING
ASPHALT SHINGLES
(BROWN)
LANTERN STYLE WALL
SCONCE (BLACK)
PROTRUDED BRICK
BAND 25mm (WHITE)
BAY WINDOW WOOD
CAPPING (WHITE)
VERTICAL BOARD &
BATTEN (WHITE)
WOOD CORNICE
(WHITE)
PROTRUDED BRICK
BAND 25mm (WHITE)
WINDOW FRAME &
MULLIONS (WHITE)WINDOW FRAME &
MULLIONS (WHITE)
ASPHALT SHINGLES
(BROWN)
PROTRUDED BRICK
BAND 25mm (WHITE)
COLUMN WOOD
CAPPING (WHITE)
STONE STAIR & CAPPING
(DARK GREY)
DOOR FRAME &
MULLIONS (BLACK)
BAY WINDOW WOOD
CAPPING (WHITE)
VERTICAL BOARD &
BATTEN (WHITE)
WOOD CORNICE (WHITE)
ASPHALT SHINGLES
(BROWN)
FAUX CHIMNEY BRICK
VENEER (WHITE)
CHIMNEY PRE-CAST
CAPPING
WOOD CORNICE
RETURN (WHITE)
WOOD CORNICE
RETURN (WHITE)
WOOD CORNICE
(WHITE)
ALUMINUM EAVES AND
DOWNSPOUTS (BROWN)
GRADE
LOWER LEVEL
(BELOW GRADE)
GROUND FLOOR
SECOND FLOOR
T/O ROOF
T/O FLOOR SLAB 9320305244027453260U/S OF ROOF
2185T/O CHIMNEY
570U/S OF FDN-01.875 1220GRADE 655-00.655
00.000
02.745
-02.185
05.490
08.750
09.320
305E C B AD
GRADE
BRICK VENEER (WHITE)
WOOD EDGING TRIM
100mm (WHITE)
FAUX CHIMNEY BRICK
VENEER (WHITE)
CHIMNEY PRE-CAST
CAPPING
ASPHALT SHINGLES
(BROWN)
LANTERN STYLE WALL
SCONCE (BLACK)
PROTRUDED BRICK
BAND 25mm (WHITE)
VERTICAL BOARD &
BATTEN (WHITE)
PROTRUDED BRICK
BAND 25mm (WHITE)
WINDOW/DOOR FRAME
& MULLIONS (WHITE)
PRESSURE TREATED
STAIR (SIENNA)
WINDOW/DOOR FRAME
& MULLIONS (WHITE)
VERTICAL BOARD &
BATTEN (WHITE)
ASPHALT SHINGLES
(BROWN)
FAUX CHIMNEY BRICK
VENEER (WHITE)
CHIMNEY PRE-CAST
CAPPING
WOOD CORNICE
RETURN (WHITE)
WOOD CORNICE
(WHITE)
WINDOW FRAME &
MULLIONS (WHITE)
WOOD CORNICE
RETURN (WHITE)
ALUMINUM RAILING
(BLACK)VERTICAL BOARD &
BATTEN (WHITE)
ALUMINUM EAVES AND
DOWNSPOUTS (BROWN)
A400
1
SCALE:1:100
WEST ELEVATION
A400
1:100
ELEVATIONS
2022.02.13
MIKE KHAYAT
101 WELLS STREET
AURORA, ON L4G 1T4
SCALE:
DRAWING TITLE:
PROJECT NUMBER:
DATE:
DRAWING NUMBER:
PROJECT:
SUBMITTED ON BEHALF OF:
Plotted Date: Oct 10, 2022 - 4:54pm
A400
2
SCALE:1:100
EAST ELEVATION
PR20221145 Oct. 11, 2022
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
Hana HossainAPPROVED BY:
Page 28 of 37
GRADE
LOWER LEVEL
(BELOW GRADE)
GROUND FLOOR
SECOND FLOOR
T/O ROOF
T/O FLOOR SLAB 9320305244027453260U/S OF ROOF
2185T/O CHIMNEY
570U/S OF FDN-01.875 1220GRADE 655-00.655
00.000
02.745
-02.185
05.490
08.750
09.320
3051 2 3 54
GRADE
BAY WINDOW WOOD
CAPPING (WHITE)
FAUX CHIMNEY BRICK
VENEER (WHITE)
CHIMNEY PRE-CAST
CAPPING
ASPHALT SHINGLES
(BROWN)
LANTERN STYLE WALL
SCONCE (BLACK)
ASPHALT SHINGLES
(BROWN)
VERTICAL BOARD &
BATTEN (WHITE)
COLUMN WOOD
CAPPING (WHITE)
WINDOW FRAME &
MULLIONS (WHITE)
ASPHALT SHINGLES
(BROWN)
PROTRUDED BRICK
BAND 25mm (WHITE)
WOOD CORNICE
(WHITE)
WOOD CORNICE
RETURN (WHITE)
BRICK VENEER
(WHITE)
BRICK VENEER (WHITE)
PROTRUDED BRICK
BAND 25mm (WHITE)
GRADE
GROUND FLOOR
SECOND FLOOR
T/O ROOF
T/O FLOOR SLAB 9320305244027453260U/S OF ROOF
2185T/O CHIMNEY
570U/S OF FDN-01.875 1220GRADE 655-00.655
00.000
02.745
-02.185
05.490
08.750
09.320
3054 3 2 15
GRADE
BAY WINDOW WOOD
CAPPING (WHITE)
FAUX CHIMNEY BRICK
VENEER (WHITE)
CHIMNEY PRE-CAST
CAPPING
ASPHALT SHINGLES
(BROWN)
LANTERN STYLE WALL
SCONCE (BLACK)
ASPHALT SHINGLES
(BROWN)
VERTICAL BOARD &
BATTEN (WHITE)
COLUMN WOOD
CAPPING (WHITE)
WINDOW/DOOR FRAME
& MULLIONS (WHITE)
ASPHALT SHINGLES
(BROWN)
BRICK VENEER (WHITE)
PROTRUDED BRICK
BAND 25mm (WHITE)
WOOD CORNICE
(WHITE)
WOOD CORNICE
RETURN (WHITE)
COLUMN WOOD
CAPPING (WHITE)
PROTRUDED BRICK
BAND 25mm (WHITE)
BRICK VENEER (WHITE)
PROTRUDED BRICK
BAND 25mm (WHITE)
PRESSURE TREATED
STAIR (SIENNA)
A401
1
SCALE:1:100
NORTH ELEVATION
A401
1:100
ELEVATIONS
A401
2
SCALE:1:100
SOUTH ELEVATION
2022.02.13
MIKE KHAYAT
101 WELLS STREET
AURORA, ON L4G 1T4
SCALE:
DRAWING TITLE:
PROJECT NUMBER:
DATE:
DRAWING NUMBER:
PROJECT:
SUBMITTED ON BEHALF OF:
Plotted Date: Oct 10, 2022 - 4:54pm
PR20221145 Oct. 11, 2022
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
Hana HossainAPPROVED BY:
Page 29 of 37
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 2 -13
_______________________________________________________________________________________
Subject: Minor Variance Application
2352107 Ontario Inc.
1588 St John’s Side Road (Block 1)
Part of Lot 26 Concession 3
File: MV-2022-13
Relate File: SP-2020-09
Prepared by: Kenny Ng, Planner
Department: Planning and Development Services
Date: November 10, 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 proposal of two
drive-through restaurants. The following relief is being requested:
a) Section 5.9.3 of the Zoning By-law 6000-17 requires 12 stacking spaces for
restaurants. The applicant is proposing 9 stacking spaces for Building A; and,
b) Section 5.9.3 of the Zoning By-law 6000-17 requires 12 stacking spaces for
restaurants. The applicant is proposing 6 stacking spaces for Building B.
c) Section 5.9.3 of the Zoning By-law 6000-17 requires 55 parking spaces for the
restaurants. The applicant is proposing 51 parking spaces for Building A1, A2 and
B.
Background
Subject Property and Area Context
The subject lands are municipally known as 1588 St. John’s Sideroad East and are
located on the north of St. John’s Sideroad East, East of Leslie Street.
Page 30 of 37
November 10, 2022 2 of 7 Report No. MV-2022-13
The subject lands have an approximate lot area of 0.871 hectare (2.15 acre), and an
approximate lot frontage of 90.88 m (298.2 ft). The subject lands are currently vacant and
undergoing excavation.
Surrounding Land Uses
The surrounding land uses are as follows:
North: Environmental Protection land;
South: Rural Residential, vacant development land;
East: Vacant Development land; and
West: Residential Neighbourhood.
Proposal
The applicant is proposing to construct three one-storey commercial buildings (two drive-
through restaurants and a day care centre) with a combined gross floor area of 502.9 m2
(5,413.6 ft2) (see Appendix B). The two proposed restaurants (Building A1: Starbucks and
Building B: Dairy Queen) are the subject of this Minor Variance application.
Official Plan
The subject lands are designated ‘Business Park 1’ by the Town of Aurora Official Plan
(OPA 73).
Zoning
The subject lands are zoned E-BP (504) (Employment-Business Park Exception Zone) by
Zoning By-law 6000-17, as amended, which permits restaurant as a principle use.
Related Planning Applications
The subject lands are currently under Site Plan (File: SP-2020-09) review.
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, “With the configuration of the land, trying to allow for
12 car stacking complicates the site plan and does not allow for the 2 buildings plus
required parking to fit within the area they are currently situated.”
Page 31 of 37
November 10, 2022 3 of 7 Report No. MV-2022-13
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2022-13 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 variances will support the development of a draft approved employment
subdivision block and provide uses that can enhance the viability of the employment
area. The site plan follows the urban design policies by siting the buildings to be closer
to Leslie Street to frame the streetscape, improve pedestrian environment and partly
screen the parking and stacking spaces. Despite the reduced number of stacking
spaces provided, sufficient space will remain for vehicle queuing, vehicle
maneuverability and other functions such as landscaping and sidewalks. The minor
deficiency in parking spaces provided is also not expected to generate any significant
impacts to the functionality of the subject site. In considering the context of Official
Plan policies, the variances requested are not anticipated to have any negative impacts
or non-conformities.
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 stacking space requirement is to ensure that sufficient queuing
spaces are provided to meet the needs of the drive-through facilities and that vehicle
spillover will not occur for overcrowding the drive-through facilities.
The applicant submitted a Parking Justification letter and a Drive-Through Stacking
Space Review letter prepared by C.F. Crozier & Associates Inc., dated October 3, 2022,
which concluded that the proposed stacking lanes for Building A1 (10 stacking spaces)
and Building B (7 stacking spaces) are adequate based on a review of comparable
municipal zoning by-law requirements and existing restaurant drive-through facilities
of comparable context. The letter also concluded that proposed drive-throughs are
projected to operate similarly without significant impacts to internal site circulation
and the adjacent municipal roadway.
As determined by transportation staff, the letter provides sufficient evidence that the
reduction in stacking spaces is not anticipated to result in negative impacts on the
development and the operation of the proposed restaurants.
Page 32 of 37
November 10, 2022 4 of 7 Report No. MV-2022-13
In addition, staff also noted that the parking space shortfall is minor and that it is able
to sufficiently meet the future site synergies when the adjacent blocks are developed.
The employees of the nearby future offices and industrial units may also choose to
walk or bike to access the site rather than drive.
Staff are of the opinion that the requested variances meet the general intent of the
Zoning By-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
The minor variances requested to accommodate the two drive-thru restaurants have
been considered in the context of the site and the adjacent neighbourhood.
It is in the opinion of staff that even with the reduced parking and stacking spaces
provided, the site will operate as a whole with sufficient queuing and parking spaces
for the drive-through restaurants. The site plan application is currently being reviewed
and revised in accordance with comments from Town’s internal departments and
external agencies. The drive-through stacking queuing study sufficiently demonstrates
that the proposed stacking spaces are satisfactory in accommodating the maximum
vehicle queues on the proposed sites; in addition, the study provides comparisons to
sites with similar characteristics. The studies have been reviewed by the Town’s
Traffic/Transportation analyst and no traffic concerns have been raised.
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 requested variances, they are considered to be minor in the context
of better utilizing the site for the permitted uses. The current stacking space
requirement of 12 spaces is considered to be excessive and impractical given the site
condition and would take away large amount of land from being developable,
landscaping purposes or used as walking pathway enjoyed by pedestrian users.
The intensity of the proposed uses are not anticipated to require the associated space
demand, and the large expanse of unused asphalt on the site can be reduced to ensure
more pedestrian/walking friendly site design, which can help serve the future users of
this employment subdivision and adjacent business parks/employment lands.
The reduced parking spaces are also not anticipated to have significant impacts to the
functionality of the site as a whole as the required reduction is minimal.
Page 33 of 37
November 10, 2022 5 of 7 Report No. MV-2022-13
Staff are of the opinion that the requested variances are 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
October 14, 2022 to confirm the variances required
for the proposed development.
Engineering Division
No comments received at the time of writing this
report.
Operational Services (Parks)
Comments provided stating no comments/concerns
with proposed application (dated October 28, 2022).
Operational Services
(Public Works)
Comments provided stating no comments/concerns
with proposed application (dated October 20, 2022).
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 October 24, 2022)
LSRCA
No comments received at the time of writing this
report.
Alectra
No concerns with the proposed minor variance
(dated October 20, 2022)
Ministry of Transportation
No concerns with the proposed minor variance
(dated October 26, 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.
Page 34 of 37
November 10, 2022 6 of 7 Report No. MV-2022-13
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
variances.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 35 of 37
November 10, 2022 7 of 7 Report No. MV-2022-13
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2022-13 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, to the satisfaction of
the Director of Planning and Development Services or designate.
Page 36 of 37
DLT
15m15m
15m
BUILDING B
PROPOSED
DQ GRILL & CHILL
1-STOREY
8
5
12
BUILDING A1
BUILDING A2
BUILDING B
8
10
BUILDING A2
PROPOSED
RESTAURANT
1-STOREY
BUILDING A1
PROPOSED
STARBUCKS
1-STOREY
4
DSE
FBS
DOOR SILL ELEVATION
BASEMENT SLAB
999.99
999.99
FFE
TW
MANHOLEMH
OHW OVERHEAD WIRES
DBF DOUBLE BOARD FENCE
CLF CHAIN LINK FENCE
LEGEND
SOFT LANDSCAPE
HARD LANDSCAPE
EXISTING TO REMAIN
EXISTING ELEVATION
EXISTING TO REMAIN
PROPOSED ELEVATION
FINISHED FIRST FLOOR ELEVATION
TOP OF WALL ELEVATION
ETR
TC TOP OF CURB
BC BOTTOM OF CURB
DECIDUOUS TREE
CONIFEROUS TREE
RETAINING WALL
METRIC:
DISTANCES SHOWN HEREON ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY
0.3048.
ALL EXISTING SITE INFORMATION PROVIDED ON SITE PLAN IS TAKEN FROM SURVEY PREPARED BY P.J.
MANSFIELD - ONTARIO LAND SURVEYOR.
THIS PERMIT DOES NOT GIVE THE OWNER/APPLICANT THE RIGHT TO ACCESS TO ADJOINING LANDS. NO
WORK TO ENCROACH ON ADJOINING PROPERTY. DIRECT WATER FROM ROOF AWAY FROM ADJACENT
PROPERTY.
THE APPLICANT SHALL OBTAIN THE NECESSARY AUTHORIZATIONS AND PERMITS FROM THE CITY'S
RIGHT-OF-WAY MANAGEMENT UNIT BEFORE EXCAVATING WITHIN OR ENCROACHING INTO THE
MUNICIPAL ROAD ALLOWANCE. THE APPLICANT SHALL ALSO SUBMIT A MUNICIPAL ROAD DAMAGE
DEPOSIT PRIOR TO OBTAINING A BUILDING PERMIT.
THE APPLICANT WILL BE REQUIRED TO CONTACT ALL UTILITY COMPANIES TO OBTAIN ALL REQUIRED
LOCATES PRIOR TO THE INSTALLATION OF HOARDING WITHIN THE MUNICIPAL RIGHT OF WAY.
PRIOR TO CONSTRUCTION TAKING PLACE, ALL REQUIRED HOARDING IN ACCORDANCE WITH THE
ONTARIO OCCUPATIONAL HEALTH AND SAFETY ACT AND REGULATIONS FOR CONSTRUCTION
PROJECTS MUST BE ERECTED AND THEN MAINTAINED THROUGHOUT ALL PHASES OF CONSTRUCTION.
THE PROPOSED DEVELOPMENT OF THE SUBJECT SITE MAY NEGATIVELY IMPACT THE ROOT ZONE(S) OF
NEARBY TREE(S) ON ADJACENT PROPERTY AND ULTIMATELY DAMAGE THE TREE(S). THE OWNER
SHOULD TAKE ALL REASONABLE STEPS TO MINIMIZE DISTURBANCE TO THE ADJACENT TREES ROOT
ZONE(S) THAT ARE WITHIN THE SUBJECT SITE.
FOR GRADING AND SITE SERVICING REFER TO PLAN PREPARED BY SCS CONSULTING GROUP LTD.
FOR LANDSCAPE DETAILS REFER TO PLAN PREPARED BY MHBC PLANNING URBAN DESIGN &
LANDSCAPE ARCHITECTURE.
NOTE:
EXISTING GRADES, LINES AND SITE CONDITIONS DEPICTED ON THIS DRAWING WERE TAKEN FROM
SURVEY INFORMATION ESTABLISHED BY, A SURVEYOR ENGAGED DIRECTLY BY OWNER. THE
SURVEY INFORMATION IS NOT THE ARCHITECT'S RESPONSIBILITY.
CONTRACTOR SHALL CONTRACT A LAND SURVEYOR, TO:
A. PERMANENT BENCH MARKS, OR MARKERS AS WIDELY SEPARATED AS POSSIBLE TO BE
LOCATED.
B. VERIFY POSITIONING OF EXISTING BUILDINGS USED TO ESTABLISH LOCATION OF NEW SITE
ELEMENTS.
C. ESTABLISH LOCATION OF NEW STRUCTURES AND OTHER SITE ELEMENTS SUCH AS CURBS,
SIDEWALKS, DRIVEWAYS, LIGHT POSTS, ETC.
D. ALL NEW BUILDINGS TO BE POSITIONED USING DIMENSIONS FROM PROPERTY LINES ONLY.
E. THE CONTRACTOR IS TO ESTABLISH THE LOCATION OF ALL NEW BUILDINGS AND SITE
STRUCTURES. PRIOR TO COMMENCING WORK CONTRACTOR TO PROVIDE WRITTEN
CONFIRMATION BY THE LAND SURVEYOR THAT THE ESTABLISHED LOCATIONS OF NEW &
EXISTING BUILDINGS DO NOT DIFFER.
F. CONSTRUCTION CANNOT COMMENCE UNTIL ALL BUILDINGS HAVE BEEN STAKED OUT BY A
LAND SURVEYOR.
G. VERIFY LOCATION OF PROPERTY LINES ANMD MAINTAIN THROUGHOUT DURATION OF
CONSTRUCTION.
H. VERIFY ELEVATIONS OF FLOOR LEVELS AS CONSTRUCTION PROCEEDS, AND RELATE TO
BENCH MARK DATUM.
I. COORDINATE GEODETIC ELEVATION OF BENCH MARK DATUM WITH ELEVATIONS IN USE BY
PUBLIC UTILITIES ADJACENT TO PROJECT FOR REFERENCE.
J. VERIFY ACCURACY OF ALL SITE DIMENSIONS SHOWN.
K. PROVIDE AS BUILT SITE PLAN SHOWING NEW BUILDING(S) LOCATION.
DEMOLITION NOTES:
A. CONTRACTOR TO REMOVE ALL EXISTING FILL AND IMPORT/COMPACT NEW FILL.
B. PROTECT ADJACENT PROPERTIES AND STRUCTURES - PATCH, REPAIR AND MAKE GOOD
FINISHES AT ANY AREAS DAMAGED DUE TO DEMOLITION WORK INCLUDING BUT NOT LIMITED
TO WORK ON ADJACENT PROPERTIES OR ON MUNICIPAL PROPERTY STREET ALLOWANCES OR
RIGHTS OF WAY.
C. DISPOSE OF ALL DEMOLITION MATERIALS.
D. COORDINATE WITH MUNICIPAL OFFICIALS UNLESS NOTED OTHERWISE.
E. PAY ALL DAMAGE DEPOSITS REQUIRED BY THE MUNICIPALITY PAY ALL CHARGES, FEES,
DISCONNECTION FEES AND DEPOSITS.
F. PROVIDE LOCATES AND ARRANGE AND PAY FOR CAPPING OF CITY SERVICES IF REQUIRED.
G. CARRY OUT ALL WORK IN ACCORDANCE WITH AUTHORITIES HAVING JURISDICTION.
H. DEMOLISH EXISTING BUILDINGS AND REMOVE COMPLETELY FROM THE SITE.
I. INSTALL AND MAINTAIN A PROTECTION CONSTRUCTION FENCING AROUND THE PROPERTY.
J. REMOVE ALL ASPHALT, CONCRETE SIDEWALKS, CONCRETE CURBS, CONCRETE STAIRS, ETC.
K. COST OF COMPACTION TESTING IF REQUIRED BY SOILS ENGINEER WILL BE PAID BY THE
OWNER.BLOCK 1 SITE PLAN
A1.1
CLIENT REVIEW 05/16/2022
SEAL :
This drawing, as an instrument of service, is provided
by and is the property of Paul marques Architect
Inc. The contractor must verify and accept
responsibility for all dimensions and conditions on site
and must notify Paul Marques Architect Inc. of any
variations from the supplied information. This
drawing is not to be scaled. The architect is not
responsible for the accuracy of survey, structural,
mechanical, electrical, etc., information shown on
this drawing. Refer to the appropriate consultant's
drawings before proceeding with the work.
Construction must conform to all applicable codes
and requirements of authorities having jurisdiction.
The contractor working from
drawings not specifically marked 'For Construction'
must assume full responsibility and bear costs for any
corrections or damages resulting from his work.
REV.DATE:ISSUED FOR:
Checked by :
Drawn by :
Date :Proj no. :
Scale :
Drawing No :North :
Drawing Name :
Project :
AURORA MILLS
BLOCK 1
1588 ST. JOHN'S SIDEROAD, AURORA ON.
OCT 201818-714
CV
PM
AS NOTED
REV.DATE:ISSUED FOR:
1
2
SPA - 1st SUBMISSION - BLOCK 1
SPA - 2nd SUBMISSION - BLOCK 1
06/09/2020
08/13/2021
CLIENT REVIEW
CLIENT REVIEW
09/28/2022
CLIENT REVIEW
09/26/2022
CLIENT REVIEW
02/04/2022
CLIENT REVIEW
02/15/2022
CLIENT REVIEW
02/18/2022
CLIENT REVIEW
03/18/2022
03/31/2022
CLIENT REVIEW 04/26/2022
CLIENT REVIEW 05/20/2022
CLIENT REVIEW 05/25/2022
CLIENT REVIEW 05/30/2022
CLIENT REVIEW 06/15/2022
SCALE:
BLOCK 1 SITE PLAN
1:250
2
A1.1 SCALE:
NOTES
NTS
4
A1.1
SCALE:
LEGEND
NTS
3
A1.1
SCALE:
SITE STATISTICS
NTS
1
A1.1
AS PER SPA COMMENTS - BLOCK 1 06/27/20223
Appendix 'B'Page 37 of 37