Agenda - Committee of Adjustment - 20220908Town of Aurora
Committee of Adjustment
Meeting Agenda
Date:Thursday, September 8, 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 August 11, 2022, Meeting
Number 22-08
That the Committee of Adjustment Minutes from Meeting Number 22-08
be adopted as circulated.
6.Presentation of Applications
6.1.MV-2022-13 - 2352107 Ontario Inc - 1588 St. John's Sdrd (Block
1) (*Application deferred at the request of the applicant)
6.2.MV-2022-24- Montoni-Dinh - 51 Lensmith Drive 1
6.3.MV-2022-31 - Kudrati- 23 Glass Drive 16
6.4.MV-2022-34 - Hamill - 310 Ivy Jay Cres 26
6.5.MV-2022-33 - Mou - 10 Bovair Trail 33
6.6.MV-2022-32 - Khayat - 101 Wells Street 43
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 -2022 -24
_______________________________________________________________________________________
Subject: Minor Variance Application
Montoni-Dinh
51 Lensmith Drive
Lot 6, Plan 65M-2786
File: MV-2022-24
Prepared by: Kenny Ng, Planner
Department: Planning and Development Services
Date: September 8, 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 a 2-
storey addition to the existing detached house. The following relief is being requested:
a) Section 4.20 of the Zoning By-law states that, steps shall not be closer than 4.5m
from front lot line. The applicant is proposing front steps 3.74m from the front lot
line.
Background
Subject Property and Area Context
The subject lands are municipally known as 51 Lensmith Drive and are located on the
north of Lensmith Drive, East of Sisman Avenue.
The subject lands have an approximate lot area of 442 m2 (4757.65 ft2), and an
approximate lot frontage of 14.5 m (47.57 ft). The subject lands currently contain a 2-
storey detached house and a driveway. A tree in the front yard and vegetation also exist
on the subject lands.
Page 1 of 55
September 8, 2022 2 of 10 Report No. MV-2022-24
Surrounding Land Uses
The surrounding area is an established residential neighbourhood that is generally
characterized by low-density residential dwellings. A public park also exists to the east of
the property.
Proposal
The applicant is requesting the variance to accommodate a 2-storey addition to the front
of the existing single detached dwelling, the proposed steps would encroach 0.76 m into
the required setback from the front lot line.
Official Plan
The subject property is designated “Stable Neighbourhoods” by the Town of Aurora
Official Plan, which permits Ground-related Residential Uses. Detached dwelling is a
ground-related residential use and is therefore permitted by the Official Plan.
Zoning
The subject property is zoned R3(84) (Detached Third Density Residential Exception
Zone) by Zoning By-law 6000-17, as amended, which permits single detached dwellings.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building
Division. The PZR identified the required variances, and no other non-compliance was
identified.
Applicant’s stated reason(s) for not complying with the Zoning By-law
As stated on the application form, “As a result of the grading on the lot, three steps are
required to access the new porch.”
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2022-24 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 ‘Stable Neighbourhoods’ Official Plan designation applicable to the subject site
allows for ground-oriented residential development, which includes single-detached
dwellings. In assessing new development within the Stable Neighbourhoods
Page 2 of 55
September 8, 2022 3 of 10 Report No. MV-2022-24
designation, new development shall be sympathetic in character and form to abutting
existing residential development regarding building scale and urban design.
The proposed development and associated variance is not anticipated to have any
negative impact on the character of the existing residential neighbourhood. The
proposed addition is moderate in massing and scale, while the encroaching steps will
result in minimal disruption on the streetscape and is compatible with the surrounding
context of the neighbourhood.
Staff are of the opinion that the requested variance meets the general intent of the
Official Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The intent of the front yard setback is to ensure there is adequate separation between
private property and the public realm, maintain the overall streetscape and provide
adequate front yard area for landscaping and privacy. The requested variance would
permit the proposed entrance steps to encroach 0.76 m into the required front yard
setback.
Staff notes that the proposed development complies with all other aspects of the
zoning by-law, which demonstrates that the proposed addition is appropriate in its
overall massing and scale and is sympathetic to the existing house design and built
form, thus resulting in minimal visual obstruction and impact. Furthermore, staff also
notes that the proposed steps will have no impact on the streetscape or perception of
private and public space as the streetscape aesthetic is further softened by having the
front porch and steps project closer to the street line than the garage.
Staff are of the opinion that the requested variance meets the general intent of the
Zoning By-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
The minor variance requested to accommodate a 2-storey addition to the existing
house have been considered in the context of the site and the adjacent neighbourhood.
It is in the opinion of staff that the proposed addition will continue to be in keeping with
other surrounding properties and the neighborhood at-large. The reduced front yard
setback is required to accommodate the steps, which makes up a small portion of the
overall building. Staff do not anticipate that the variance as requested will result in any
negative impacts and that the dwelling will remain compatible with the future
surrounding built form. Finally, the remaining front yard space on the subject property
Page 3 of 55
September 8, 2022 4 of 10 Report No. MV-2022-24
is considered by staff to be adequate. A slight encroachment will not result in
overbuilding of the site and incompatibility.
Staff are of the opinion that the requested variance is considered desirable for the
appropriate development of the property.
d) The proposed variance is considered minor in nature
In considering the scale of the addition, there is minimal impact as a result of the
proposed reduced front yard setback. Streetscape would be marginally altered as the
addition is appropriately sized and is generally compatible with the residential
character of the neighbourhood.
The overall encroachment of the proposed steps is insignificant while the addition is
considered as a modest extension of the existing property. Staff would consider the
requested variance to be a minor deviation from the standard zoning requirement.
Staff are of the opinion that the requested variances is minor in nature.
Additional Comments
The minor variance application was circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Department or Agency
Comments
Building Division
Preliminary Zoning Review was completed on June
24, 2022, to confirm the variances required for the
proposed development.
Engineering Division
Comments provided stating no comments/concerns
with proposed application (dated August 15, 2022)
Operational Services (Parks)
Parks staff recommend that the Committee impose
the following conditions if this application is
approved. (Dated August 25, 2022)
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
Page 4 of 55
September 8, 2022 5 of 10 Report No. MV-2022-24
Department or Agency
Comments
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 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.
Page 5 of 55
September 8, 2022 6 of 10 Report No. MV-2022-24
Department or Agency
Comments
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)
No comments received at the time of writing this
report.
Central York Fire Services
Comments provided stating no comments/concerns
with proposed application (dated August 15, 2022).
York Region
Comments provided stating no comments/concerns
with proposed application (dated August 17, 2022)
LSRCA
No comments received at the time of writing this
report.
Alectra
Comments received stating the following:(dated
August 16, 2022).
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
Page 6 of 55
September 8, 2022 7 of 10 Report No. MV-2022-24
Department or Agency
Comments
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.
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 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.
Page 7 of 55
September 8, 2022 8 of 10 Report No. MV-2022-24
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 8 of 55
September 8, 2022 9 of 10 Report No. MV-2022-24
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2022-24 be
approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in subst antial conformity
with the plans attached as ‘Appendix B’ to this Staff Report, to the satisfaction o f
the Director of Planning and Development Services or designate; and,
2. That the Owner shall 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
confirmed on site forthwith by the Arborist /Forester following each visit; and,
3. That the Owner shall 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; and,
4. That 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; and,
5. That 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; and,
6. That the above Conditions 2 through 5 shall be included as terms and conditions
in a Letter of Undertaking with the Town of Aurora to guarantee compliance with
Page 9 of 55
September 8, 2022 10 of 10 Report No. MV-2022-24
the Conditions of Approval and all related site works, to the satisfaction of Town
of Aurora Director of Planning and Development.
Page 10 of 55
1.281.271.351.341.291.341.251.251.331.341.801.90T.O.W. 272.94P.C.F.C.S. 272.23T.O.W. 272.05P.C.F.C.S. 271.18T.O.W. 271.19P.C.F.C.S. 270.526.877.086.146.286.179.946.476.91NEW TWO STOREYADDITIONPORCH1.33NEW TWO STOREY ABOVEEXISTING GARAGEEXISTING GARAGE#51EXISTING TWO STOREYSINGLE FAMILY DWELLINGLINE OF EXISTINGTWO STOREY WALLLINE OF EXISTINGONE STOREY WALLCOVEREDLINE OF NEW WALL1.984.503.74Scale: 1:150SITE PLAN1SETBACKSREAR YARDMAX. HEIGHT10 mTown of Aurora, Zoning By-law 6000-17ALL CONSULTANTS AND CONTRACTORS SHALLCHECK ALL DIMENSIONS ON SITE AND REPORTANY DISCREPANCIES TO FIRST STEP DESIGN.THIS DRAWING IS COPYRIGHTED INSTRUMENT OFSERVICE AND IT REMAINS THE PROPERTY OF FIRSTSTEP DESIGN. USE AND REPRODUCTION OF THISDRAWING IS ALLOWED ONLY WITH THE WRITTENCONSENT OF FIRST STEP DESIGN.THE DRAWING IS NOT ISSUED FOR BUILDINGPERMIT UNLESS IT IS STAMPED AND SIGNED ANDTHE DATED REVISION FIELD STATES:ISSUED FOR BUILDING PERMIT.DO NOT SCALE DRAWING.ZONE - R3 (84) PROPOSEDSITE STATISTICS2A-1.01:150AUGUST 2020PO-CM 2044SITE PLAN51 LENSMITH DR.,AURORA ON.PROJECT ADDRESS:DRAWING TITLE:DRAWN BY:DATE:SCALE:DRAWING NUMBER:PROJECT NUMBER:NORTH:REVISIONSNO. DATE DESCRIPTION12022 /05 / 12ISSUED FORCOMMITTEE OFADJUSTMENT22022 /06 / 15ISSUED FOR REVIEW35PERMITTED PROPOSEDLOT AREA:442.40 m2 FRONT ( EAST ) YARDEAST SIDE YARDWEST SIDE YARD0.6 m6.47 m,LOT COVERAGE35% = 154.84 m2PERMITTEDThis Site Plan is based on a SRPR prepared byJOHN F.G. YOUNG B.S., Ontario Land Surveyorsdated JUNE 17, 19917.5 m1.25 m 1.33 m9.94 m,6.87m,EXISTING TO REMAINEXISTING TO REMAIN1.20 mTOTAL = 154.56 m2 / 35% TO GARAGE 6.0m4.5 m,10 mEXISTING AREA - 132.12m2NEW AREA - 22.44m2EXISTING AREA - 132.12m2EXISTING TO REMAINEXISTING TO REMAINPR20220343Jun. 30, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.:DATE:PRELIMINARY ZONING REVIEWHana HossainAPPROVED BY:July 11, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDAppendix ‘B’ – Site Plan Page 11 of 55
2.42BASEMENT SLABUNDER SIDE OF JOISTSMAIN FLOOR2.21 TOP OF ROOF2.58 TOP OF OPENINGMAIN CEILING2.10 BUILDING HEIGHT0.37 0.23 SECOND FLOORSECOND FLOOR CEILING2.446.95
2.44
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78X60NEW PRECASTHEADER AND SILLNEW STONE TREADSNEW STONEVENEERNEW WOOD TONESIDINGNEW ROOF WITH CHARCOALASPHALT SHINGLESNEW STONE PILARSNEW SLOPETO MATCHEXISTINGNEW SLOPETO MATCHEXISTINGBLACK ALUMINUMSOFFIT, FASCIA EAVESAND DOWNSPOUTSFGFGFGFGFGFGFGFGMIN 2% SLOPENEW FLAT ROOFNEW WOOD TRIMSTAINED TO MATCHNEW BLACK FRAMEWINDOWPAINT WINDOW TOMATCH NEW FRAMECOLOURNEW BLACK DOORAND FRAMENEW WOOD TONESIDINGNEW BLACK FRAMEWIDNOWSNEW 4" BAND TOMATCH TRIMNEW WOOD TRIMSTAINED TO MATCHEXISTING GARAGE DOORSTO REMAIN, PAINT BLACKTO MATCH WINDOWSNEW CLADDING TO BEADDED TO EXISTINGBRICK VENEERNEW WOOD TONESIDINGPROJECT ADDRESS:DRAWING TITLE:DRAWN BY:DATE:SCALE:DRAWING NUMBER:PROJECT NUMBER:Scale: 1:75STREET SOUTH ELEVATION1LEGENDNEW WALLSALL CONSULTANTS ANDCONTRACTORS SHALL CHECK ALLDIMENSIONS ON SITE ANDREPORT ANY DISCREPANCIES TOFIRST STEP DESIGN.THIS DRAWING IS COPYRIGHTEDINSTRUMENT OF SERVICE AND ITREMAINS THE PROPERTY OF FIRSTSTEP DESIGN. USE ANDREPRODUCTION OF THIS DRAWINGIS ALLOWED ONLY WITH THEWRITTEN CONSENT OF FIRST STEPDESIGN.THE DRAWING IS NOT ISSUED FORBUILDING PERMIT UNLESS IT ISSTAMPED AND SIGNED AND THEDATED REVISION FIELD STATES:ISSUED FOR BUILDING PERMIT.NOTE:-DIMENSIONS TO FINISHGYPSUM-ALL INTERIOR DOORSDIMENSIONED TO INTERIORFRAME SIZEDO NOT SCALE DRAWING.EXISTING WALLSA-3.11:75OCTOBER 2020PO - CM2044STREET SOUTHELEVATION51 LENSMITH DR.,AURORA, ON.REVISIONSNO.DATEDESCRIPTION12021 /05 / 12ISSUED FORCOMMITTEE OFADJUSTMENT234PR20220343Jun. 30, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWHana HossainAPPROVED BY:July 11, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDPage 12 of 55
2.42BASEMENT SLABUNDER SIDE OF JOISTSMAIN FLOOR2.21 TOP OF ROOF2.58 TOP OF OPENINGMAIN CEILING2.10 BUILDING HEIGHT0.37 0.23 SECOND FLOORSECOND FLOOR CEILING2.446.95EXISTING
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EXISTING
EX.
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WINDOW
FROM EXIST.
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43X57NEW PRECAST SILLNEW STONEVENEEREXISTING BRICK TOREMAINNEW ROOF WITHCHARCOAL ASPHALTSHINGLES1.22NEW WOOD TONESIDINGNEW STONE PILARSEXISTING ROOF TOREMAIN. APPLY NEWCHARCOAL ASPHALTSHINGLESEXISTINGSLOPENEW SLOPETO MATCHEXISTINGBLACK ALUMINUMSOFFIT, FASCIA EAVESAND DOWNSPOUTSLIMITING DISTANCE - 1.34mTOTAL WALL AREA OF EXPOSING BUILDING FACE= 82.42 m2AGGREGATE AREA OF UNPROTECTED OPENINGS = 3.30 m2PERCENTAGE OF EXPOSING BUILDING FACE AREA = 4.0%LINE OF EXISTING ROOFPROJECT ADDRESS:DRAWING TITLE:DRAWN BY:DATE:SCALE:DRAWING NUMBER:PROJECT NUMBER:Scale: 1:75WEST ELEVATION1LEGENDNEW WALLSALL CONSULTANTS ANDCONTRACTORS SHALL CHECK ALLDIMENSIONS ON SITE ANDREPORT ANY DISCREPANCIES TOFIRST STEP DESIGN.THIS DRAWING IS COPYRIGHTEDINSTRUMENT OF SERVICE AND ITREMAINS THE PROPERTY OF FIRSTSTEP DESIGN. USE ANDREPRODUCTION OF THIS DRAWINGIS ALLOWED ONLY WITH THEWRITTEN CONSENT OF FIRST STEPDESIGN.THE DRAWING IS NOT ISSUED FORBUILDING PERMIT UNLESS IT ISSTAMPED AND SIGNED AND THEDATED REVISION FIELD STATES:ISSUED FOR BUILDING PERMIT.NOTE:-DIMENSIONS TO FINISHGYPSUM-ALL INTERIOR DOORSDIMENSIONED TO INTERIORFRAME SIZEDO NOT SCALE DRAWING.EXISTING WALLSA-3.21:75OCTOBER 2020PO - CM2044WESTELEVATION51 LENSMITH DR.,AURORA, ON.REVISIONSNO.DATEDESCRIPTION12021 /05 / 12ISSUED FORCOMMITTEE OFADJUSTMENT234PR20220343Jun. 30, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWHana HossainAPPROVED BY:July 11, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDPage 13 of 55
7.57
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57X78 NEW ROOF WITHCHARCOAL ASPHALTSHINGLESNEW WOOD TONESIDINGEXISTING BRICK TOREMAINEXISTING ROOF TO REMAIN.APPLY NEW CHARCOALASPHALT SHINGLESEXISTINGSLOPENEW SLOPETO MATCHEXISTINGEXISTINGSLOPEBLACK ALUMINUMSOFFIT, FASCIA EAVESAND DOWNSPOUTSPROJECT ADDRESS:DRAWING TITLE:DRAWN BY:DATE:SCALE:DRAWING NUMBER:PROJECT NUMBER:Scale: 1:75NORTH ELEVATION1LEGENDNEW WALLSALL CONSULTANTS ANDCONTRACTORS SHALL CHECK ALLDIMENSIONS ON SITE ANDREPORT ANY DISCREPANCIES TOFIRST STEP DESIGN.THIS DRAWING IS COPYRIGHTEDINSTRUMENT OF SERVICE AND ITREMAINS THE PROPERTY OF FIRSTSTEP DESIGN. USE ANDREPRODUCTION OF THIS DRAWINGIS ALLOWED ONLY WITH THEWRITTEN CONSENT OF FIRST STEPDESIGN.THE DRAWING IS NOT ISSUED FORBUILDING PERMIT UNLESS IT ISSTAMPED AND SIGNED AND THEDATED REVISION FIELD STATES:ISSUED FOR BUILDING PERMIT.NOTE:-DIMENSIONS TO FINISHGYPSUM-ALL INTERIOR DOORSDIMENSIONED TO INTERIORFRAME SIZEDO NOT SCALE DRAWING.EXISTING WALLSA-3.31:75OCTOBER 2020PO - CM2044 NORTHELEVATION51 LENSMITH DR.,AURORA, ON.REVISIONSNO.DATEDESCRIPTION12021 /05 / 12ISSUED FORCOMMITTEE OFADJUSTMENT234PR20220343Jun. 30, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWHana HossainAPPROVED BY:July 11, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDPage 14 of 55
EX.
2.42BASEMENT SLABUNDER SIDE OF JOISTSMAIN FLOOR2.21 TOP OF ROOF2.58 TOP OF OPENINGMAIN CEILING2.10 BUILDING HEIGHT0.37 0.23 SECOND FLOORSECOND FLOOR CEILING2.446.95
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100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 2 -31
_______________________________________________________________________________________
Subject: Minor Variance Application
Kudrati
23 Glass Drive
PLAN 514 PT LOT 292
File: MV-2022-31
Prepared by: Rosanna Punit, Planner
Department: Planning and Development Services
Date: September 8, 2022
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, relating to a carport. The following
relief is being requested:
a) Section 7.5.1.1 states the minimum setback of a carport, having no habitable
rooms above and attached to a semi-detached dwelling can be 1m. The
applicant is proposing to construct an attached carport which is 0.5m from
side property line
Background
Subject Property and Area Context
The subject property, municipally known as 23 Glass Drive, is generally located west of
Yonge Street and north of Henderson Drive. The subject property has a lot area of
approximately 400m2 (4300ft2) and a lot frontage of approximately 10m (33ft). The
surrounding area is an established residential neighbourhood that is generally
characterized by one and two storey dwellings. The subject property currently contains
a two-storey semi-detached dwelling. The dwelling contains an unenclosed carport that
was recently built.
Page 16 of 55
September 8, 2022 2 of 6 Report No. MV-2022-31
Proposal
The applicant built an unenclosed car port without a building permit. The applicant was
issued and an Order to Comply on May 6, 2022. A building permit was applied for on June
3, 2022. A deficiency letter was issued on June 17, 2022, by the Building Department
during the review of the building permit application. A Preliminary Zoning Review was
applied for and was issued on August 5, 2022, to the applicant. A Minor Variance was
applied for on August 8, 2022.
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 a semi-detached
dwelling as a permitted use.
Zoning
The subject property is zoned “R6” (Semi-detached and Duplex Dwelling Residential) by
Zoning By-law 6000-17, as amended.
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, “SETBACK of carport to property line – BY-LAW permit
only 1.2 Meter for single storey buildings, and we are looking to have 0.53m in front corner
and 0.75m in the rear corner of carport. Please refer to zoning table on drawings for more
information”.
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2022-31 pursuant to the
prescribed tests as set out in Section 45(1) of the Planning Act, as follows:
a) The proposed variance meets the general intent of the Official Plan
Page 17 of 55
September 8, 2022 3 of 6 Report No. MV-2022-31
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.
b) The proposed variance meets the general intent of the Zoning By-law
The intent of the carport side yard setback provision is to ensure that there is appropriate
and adequate spacing between buildings. The current driveway access is shared with
the abutting dwelling (21 Glass Drive) and this entire area is paved. The carport that is
built is unenclosed and has a roof.
Given that the entire driveway area is paved, staff are of the opinion that the 0.5m setback
for the carport provides for a shelter for one vehicle for the property owner of 23 Glass
Drive and still provides a parking space for the abutting property (21 Glass Drive). Staff
are of the opinion that the 0.5m setback to the property line for the carport meets the
intent of the Zoning By-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
The semi-detached dwelling does not currently have a garage area that most of the
dwellings have in the area. The carport provides for an area for a car to be parked with a
roof. Staff are of the opinion that the carport is desirable and appropriate development
of the land.
d) The proposed variance is considered minor in nature
Parking spaces are still being accommodated on the property; the car port provides for a
roofed area for one parking space. Staff are of the opinion that the variance is considered
minor.
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
August 9, 2022.
Page 18 of 55
September 8, 2022 4 of 6 Report No. MV-2022-31
Department or Agency
Comments
Engineering Division Comments provided stating no comments with
proposed application (dated August 26, 2022)
Operational Services (Parks) Comments provided stating no comments with
proposed application (dated August 25, 2022)
Operational Services
(Public Works)
Comments provided stating no comments with
proposed application (dated August 25, 2022)
Central York Fire Services Comments provided stating no comments with
proposed application (dated August 15, 2022)
York Region Comments provided stating no comments with
proposed application (dated August 15, 2022)
LSRCA No comments received at the time of writing this
report.
Alectra
Comments received stating the following:
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.
Page 19 of 55
September 8, 2022 5 of 6 Report No. MV-2022-31
Department or Agency
Comments
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.
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’.
Attachments
Appendix ‘A’ – Recommended Condition of Approval
Appendix ‘B’ - Site Plan
Page 20 of 55
September 8, 2022 6 of 6 Report No. MV-2022-31
Appendix ‘A’ – Conditions of Approval
1. That the owner apply for a building permit for the carport.
Page 21 of 55
23 GLASS DR, AURORA , ON , L4G 2E5
----------------------------------------------------------------------------------------
DRAWING LIST: SURVEY PROVIDED (FOR REFERENCE ONLY)
A00 COVER PAGE
A01 SITE PLAN
A02 CARPORT FRAMING
A03 ELEVATIONS
15645 BAYVIEW AVE, ON, AURORA,L4G 0S3
Scale
Project number
Date
Drawn by
Checked by
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
1/8" = 1'-0"2022-08-02 10:34:17 AMA00
Cover Page
2019-05
23 Glass Dr Crescent
Aurora ON -L4F 2E5
2019-05-15
ASE+J INC
E.J
No.Description Date
1 Issued for COA 25.07.2022
PR20220697 Aug. 4, 2022
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
Hana HossainAPPROVED BY:
August 8,2022DATE:
TOWN OF AURORA
PLANNING AND DEVELOPMENT SERVICES
Development Planning Division
RECEIVED
Page 22 of 55
GREEN LANSCAPE
DRIVE WAY
PROPERTY LINE
PROPERTY LINE
114' - 11"
105' - 11"43' - 6"43' - 7"399.21 SM
49.85 SQM
GLASS DR16' - 6 1/2"21' - 7"14' - 2"29' - 2 1/2"21' - 7"33' - 4"49.85 SQM
23 GLASS DR
GREEN LANSCAPE
25 GLASS DR
23 GLASS DR
19 GLASS DR
PROPERTY LINE
EXISTING 1
STOREY DWELING 14' - 1"2' - 5 1/2"1' - 9"PROPOSED
CARPORT
6' - 8 1/2"21' - 4"22' - 0"INTERIOR YARDFRONT SETBACKREAR YARD FOR
CARPORT
53' - 10"
EXISTING HOUSE REAR SETBACK
EXISTING HOUSE FR
O
N
T
S
E
T
B
A
C
K
INTERIOR YARDREAR SETBACK15645 BAYVIEW AVE, ON, AURORA,L4G 0S3
Scale
Project number
Date
Drawn by
Checked by
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
1" = 10'-0"2022-08-02 10:34:17 AMA01
Site Plan
2019-05
23 Glass Dr Crescent
Aurora ON -L4F 2E5
2019-05-15
ASE+J INC
E.J
N
1" = 10'-0"2 Site Plan
LOT AREA 399.21 SQM
EXISTING PROPOSED
LOT COVRAGE 35 % AS PER ZONING BY LAW # 6000-17
HOUSE
INTERIOR SIDE
YARD
1.2 M
AS PER BY LAW
FOR 1 ST
BUILDINGS
0.53 M
HEIGHT 10 M AS PER LAW 3.64 M
35% AS PER
BY LAW
ZONING INFORMATION AS PER ZBA # 6000-17
No.Description Date
1 Issued for COA 25.07.2022
ZONING INFORMATION
THE SUBJECTED PROPERTY ZONE IS AS -R6
12.48 %
49.85 SQM
CARPORT
TOTAL COVRAGE
6.88 %
27.47 SQM
19.36 %
77.32 SQM
0.75 M
INTERIOR YARD FRONT
SETBACK
SITE SURVEY
INTERIOR YARD REAR
SETBACK
PR20220697 Aug. 4, 2022
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
Hana HossainAPPROVED BY:
Page 23 of 55
A
A
B
B
C
C
5x5 POST
WOOD POST
3 2X8 BUB
Treated Deck Board
2
2
1
1
1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"1' - 4"
22' - 0"12' - 7"14' - 1"5x5 POST
WOOD POST
5x5 POST
WOOD POST
1' CON. PIER
UNDER FROST LINE
1' CON. PIER
UNDER
FROST LINE
1' CON. PIER
UNDER FROST LINE
2x8 BEAM
AS PER
OBC
EXISTING BRICK WALL
15645 BAYVIEW AVE, ON, AURORA,L4G 0S3
Scale
Project number
Date
Drawn by
Checked by
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
1 : 30
2022-08-02 10:34:17 AMA02
Carport Framing
2019-05
23 Glass Dr Crescent
Aurora ON -L4F 2E5
2019-05-15
ASE+J INC
E.J
1 : 302Carport Framing
Snow Load Calculation
As per OBC
C= Cb.Ss+Ss
C= 0.45x2.0+0.4 = 1.3 kPa
No.Description Date
1 Issued for COA 25.07.2022
PR20220697 Aug. 4, 2022
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
Hana HossainAPPROVED BY:
Page 24 of 55
B/O PIER
-5' -4"
T/O POST
5' -10 1/2"
A B C
T/O BEAM
6' -6"
T/O PIER
-0' -8"4' - 8"22' - 0"12' - 2 1/2"-ROOF SHEATHING
-7.5 MM PLYWOOD W/H CLIPS OR 17 MM
LUMBER
2X8 ROOF JOISTS AS PER OBC
3-2X8 B.U.B BEAM AS PER OBC
DIAGONAL BRACING FOR SUPPORT
2X10 LEDGER BOARD CONECTED
TO EXISTIMG WALL AS PER DEATIL 1
5x5 WOOD POST
1' CON. PIER
UNDER FROST LINE 0' - 6"B/O PIER
-5' -4"
B/O PIER
-5' -4"
T/O POST
5' -10 1/2"
T/O BEAM
6' -6"
T/O PIER
-0' -8"4' - 2"12' - 2 1/2"3
12
14' - 1"0' - 6"0' - 7 1/2"15645 BAYVIEW AVE, ON, AURORA,L4G 0S3
Scale
Project number
Date
Drawn by
Checked by
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
Consultant
Address
Address
Phone
Fax
e-mail
1 : 50
2022-08-02 10:34:17 AMA03
Elevations
2019-05
23 Glass Dr Crescent
Aurora ON -L4F 2E5
2019-05-15
Author
Checker
1 : 503Elevation A
1 : 501Elevation B
DETAIL 01
DETAIL 02
DETAIL 03
No.Description Date
PR20220697 Aug. 4, 2022
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
Hana HossainAPPROVED BY:
Page 25 of 55
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 2 -34
_______________________________________________________________________________________
Subject: Minor Variance Application
Hamill
310 Ivy Jay Crescent
PLAN 65M-3979 LOT 90
File: MV-2022-34
Prepared by: Rosanna Punit, Planner
Department: Planning and Development Services
Date: September 8, 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 an covered patio. The
following relief is being requested:
a) Section 24.285.1.2 of the Zoning By-law requires minimum 6m rear yard. The
applicant is proposing an enclosed patio with a 4.66m rear yard.
Background
Subject Property and Area Context
The subject property, municipally known as 310 Ivy Jay Crescent, is generally located
north of Wellington Street East and east of Mavrinac Boulevard. The subject property has
a lot area of approximately 980m2 (10,550ft2) and a lot frontage of approximately 10m
(33ft). The subject property is irregular in shape. The surrounding area is generally
comprised of two storey single detached dwellings. The subject property currently
contains a two-storey single detached dwelling.
Page 26 of 55
September 8, 2022 2 of 6 Report No. MV-2022-34
Proposal
The applicant is proposing to build a covered rear patio area, with an area of
approximately 93.56m2 (1,007 ft2). The covered patio includes a storage area, bathroom,
sauna and outdoor kitchen area.
Official Plan
The subject property is designated “Low-Medium Density Residential by the Town of
Aurora’s Official Plan (OPA 30). The intent of the low-medium density residential
designation is to allow for single detached dwellings, duplexes, semi detached dwellings,
triplexes, quadruplex, street rowhouses, and/or block rowhouses. In areas designated for
Low-Medium Density Residential, a mix of housing types shall be provided, subject to the
maximum density and building heights.
Zoning
The subject property is zoned “R5(285)” Detached Fifth Residential Zone with site specific
provisions within exception number 285.
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, “the existing property is pie shaped. Therefore because
of the odd lot shape and angle of the house on the lot, the back portion of the covered
deck is within the rear yard setback.
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2022-34 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
Staff are of the opinion that the requested variance is in keeping with the general intent
of the Official Plan and that it will have no impact on the existing neighbourhood
character.
Page 27 of 55
September 8, 2022 3 of 6 Report No. MV-2022-34
b) The proposed variance meets the general intent of the Zoning By-law
The intent of the rear setback is to ensure amenity area in the rear yard. The subject
property is irregular in shape and due to this the rear setback variance is being triggered.
The overall neighbourhood character is being maintained as the covered patio is located
in the rear area and is not seen from the street. Staff are of the opinion that the patio
proposed would allow further enjoyment of the rear amenity area.
Staff are of the opinion that the requested variance meets the intent of the Zoning By-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
Overall, due to the lot configuration being irregular, staff are of the opinion that the
requested variance is desirable and appropriate for the development of the land.
d) The proposed variance is considered minor in nature
Staff are of the opinion that the requested variance is minor in nature.
Additional Comments
The minor variance application was circulated to Town Department/Divisions and to
external agencies for review and comment. The following comments were provided:
Department or Agency
Comments
Building Division Preliminary Zoning Review was completed on August
9, 2022
Engineering Division Comments provided stating no objections (dated:
August 19, 2022)
Operational Services (Parks) No comments with the proposed application (dated:
August 25, 2022)
Operational Services
(Public Works)
No comments received at the time of writing this
report.
Central York Fire Services No comments with the proposed application (dated:
August 15, 2022)
York Region No comments. (dated: August 17, 2022)
LSRCA No comments received at the time of writing this
report.
Page 28 of 55
September 8, 2022 4 of 6 Report No. MV-2022-34
Department or Agency
Comments
Alectra
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.
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 29 of 55
September 8, 2022 5 of 6 Report No. MV-2022-34
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 subject to the condition outlined in
Appendix ‘A’.
Attachments
Appendix ‘A’ – Recommended Condition of Approval
Appendix ‘B’ – Site Plan
Page 30 of 55
September 8, 2022 6 of 6 Report No. MV-2022-34
Appendix ‘A’ – Recommended Condition of Approval
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, with the last
revision date of August 2, 2022, to the satisfaction of the Director of Planning
and Development Services or their designate;
Page 31 of 55
No. 310A.1SITE PLAN SITE PLAN SITE STATISTICSPR20220911Aug. 9, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWHana HossainAPPROVED BY:August 9, 2022DATE: TOWN OF AURORAPLANNING AND DEVELOPMENT SERVICESDevelopment Planning DivisionRECEIVEDPage 32 of 55
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 2 -33
_______________________________________________________________________________________
Subject: Minor Variance Application
Simon Mou
10 Bovair Trail
PLAN 65M2655 LOT 2
MV-2022-33
Prepared by: Sean Lapenna, Planner, Planning and Development Services
Department: Planning and Development Services
Date: September 8, 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 garage addition, a covered deck and
an uncovered deck. The following relief from the requirements of the Town’s Zoning By-
law 6000-17, as amended, is requested:
a) Section 18.1.1 of the Zoning By-law requires a minimum rear yard setback of 22.0
metres. The applicant is proposing a garage addition, which is 18.6 metres to the
rear yard property line.
b) Section 18.1.2(i) of the Zoning By-law states uncovered decks and minor additions
including open-sided roof porches may be permitted on legally existing residential
lots provided they do not exceed 50.0 square metres on the ground floor and are
located outside the key natural features and hydrologically sensitive features. The
applicant is proposing to construct a garage addition, covered and uncovered deck.
Background
Subject Property and Area Context
The subject lands are municipally known as 10 Bovair Trail and are located on the north
side of Bovair Trail, east of Leslie Street and north of Bloomington Road. The subject
Page 33 of 55
September 8, 2022 2 of 8 Report No. MV-2022-33
lands have an approximate lot area of 8,011.0 m² (86,229.7 ft²) and a lot frontage of
117.90 m (386.81 ft).
Proposal
The applicant has requested minor variance approval to permit a reduced rear yard
setback for a proposed three car garage addition, a covered deck which is 66.6 m² (717.0
ft²) in area as well as an uncovered deck which is 43.75 m² (471.0 ft²) in area, at 10 Bovair
Trail. The garage addition is shown on the submitted site plan attached to the existing
Single-Detached Dwelling on the west side while the new deck space is proposed to be
located on the north side directly behind the existing Single-Detached Dwelling.
Official Plan
The subject property is designated ‘Oak Ridges Moraine Countryside Area’ by the Town
of Aurora Official Plan (OPA 48). Countryside Areas have been identified in the Oak Ridges
Moraine Conservation Plan as areas of rural land use such as agriculture, recreation,
mineral aggregate operations, parks and open space. The Oak Ridges Moraine
Countryside Area shall encourage agricultural and other rural uses, by providing for the
continuation of agricultural and other rural lands uses and normal farm practices. Single
Dwellings and related accessory uses are also permitted, in accordance with Section
3.13.3 (g) (ii) of OPA 48.
Zoning
The subject property is zoned C-ORM (Oak Ridges Moraine Countryside Area Zone) under
Zoning By-law 6000-17, as amended, which in accordance with Section of 18.1.3 of the
By-law, permits new single residential dwellings and related accessory uses.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Building Division. The PZR
identified the required variances.
Applicant’s stated reasons(s) for not complying with the Zoning By-law
Property is within the Oak Ridges Moraine which therefore requires a Minor Variance
application.
Planning Comments
Planning staff have reviewed the requested variance as per the four tests in section
45(1) of the Planning Act.
Page 34 of 55
September 8, 2022 3 of 8 Report No. MV-2022-33
a) The proposed variances meet the general intent of the Official Plan
Section 3.13.3 of OPA 48 states that when it comes to existing uses and prior approval
policies for all land use designations situated within the Oak Ridges Moraine that the
expansion of an existing building or structure on the same lot is permitted where it is
demonstrated by the applicant that:
I. there will be no change in use;
II. except as otherwise provided for in Subsections 3.13.4.f.iv and 3.13.4.f.v (Oak
Ridges Moraine Settlement Area) of this Plan, the applicant shall demonstrate that
the expansion shall not adversely affect the ecological integrity of the Oak Ridges
Moraine Area; and
III. the expansion shall be in accordance with all relevant provisions of the Planning
Act.
The use of the property is not intended to change through the addition of the proposed
attached garage space, covered and uncovered deck space as these uses will serve as
accessory to the principal use on the property, that being a single-detached dwelling.
Furthermore, the variances as proposed will not adversely affect the ecological integrity
of the Oak Ridges Moraine Area or any Key Natural Features located onsite.
The proposed variances are considered to be minimal and also in keeping with the
surrounding context and character of the existing neighbourhood , especially when
considering the predominant built form along Bovair Trail.
It is the opinion of Planning staff that the proposed variances maintain the general intent
of the Official Plan.
b) The proposed variances meet the general intent of the Zoning By-law
The purpose of setback requirements in the Zoning By-law is to ensure that adequate
separation is provided between buildings on abutting properties. When reviewing a
request for a reduced rear yard setback, staff are also mindful of any potential negative
impacts to neighbouring properties from a privacy standpoint in regards to their rear yard
amenity space.
The property located south of the subject lands is the Lebovic Golf Club, meaning that this
abutting property is non-residential in nature and does not contain a single-detached
dwelling. The proposed addition is intended to accommodate a new three car garage with
a Gross Floor Area of 110.8 m² (1,192.6 ft²) as well as covered and uncovered deck space
with a combined Gross Floor Area of 110.0 m² (1,184.0 ft²). In terms of proximity, at it’s
Page 35 of 55
September 8, 2022 4 of 8 Report No. MV-2022-33
closest point the new garage addition will be located approximately 18.6 m (61.0 ft) away
from the rear yard property line.
The intent of the deck provisions in general is to ensure that they are spaced appropriately
from all adjoining property lines so that adequate spatial separation and privacy is
provided between neighbouring properties.
The intent behind limiting minor addition space including decks to 50.0 square metres in
this case is to prevent the overbuilding of accessory use space on a property that is
located within the Oak Ridges Moraine which contains key natural features.
Through the review of this application, it was determined that the additional space as
proposed would not conflict with any key natural features located on the property.
The decks abut a large rear yard which is well screened by significant and mature
vegetation along the east side property line. The subject lands to the north is the existing
Lebovic Golf Course, which again is not a residential property. The decks would be
setback a minimum of 32.454 m (106.0 ft) to the east and 35.835 m (118.0 ft) to the
north. As such, staff do not anticipate any adverse impacts to the surrounding properties.
Staff are of the opinion that the requested variances meet the general intent of the zoning
by-law.
c) The variances are considered desirable for the appropriate development or use of the
land
Although the additional garage space would be constructed closer to the rear yard
property line than what the by-law allows, staff are of the opinion that the requested
variance of 18.6 m (61.0 ft) will not result in any conflicts as it relates to building or spatial
separation between surrounding properties. As previously referenced in this report, the
submitted site plan notes that the subject property has a lot area of 8,011 m² (86,229.7
ft²). Given the location of the existing dwelling on the property, the size of the rear yard in
the opinion of staff is quite generous. When considering the rear yard amenity space to
remain, staff consider the size of the addition to be rather modest.
The minor variances requested to accommodate the proposed decks, have been
considered in the context of the subject property and the surrounding neighbourhood.
The proposed decks will maintain appropriate setbacks from the property to the north as
well as the property immediately to the east, which in the opinion of staff is appropriate
to alleviate any privacy concerns.
Page 36 of 55
September 8, 2022 5 of 8 Report No. MV-2022-33
Given the relationship with neighbouring properties, staff are in the opinion that because
of the appropriate setbacks and screening that will be in place, the potential for any
negative impacts will have been mitigated.
d) The variance is considered minor in nature
Through the review of this application, staff also advise that all other applicable by -law
requirements are still being met. This would include all other setbacks, building height
and lot coverage requirements. As such, no other variances have been requested.
Staff are of the opinion that the proposed rear yard setback of 18.6 m (61.0 ft) does not
negatively impact the rear yard amenity space. Given the existing building location of the
dwelling on the subject and adjacent property to the east, staff are of the opinion that the
rear yard setback proposed is sufficient to accommodate the proposed modest building
addition for additional garage and deck space.
The garage space will be located adjacent to the existing golf course and at it’s closest
point, will be setback 18.6 m (61.0 ft) away from the rear yard property line. The decks
have been strategically placed directly behind the dwelling and will not be visible from
streetscape. At it’s closest point, the deck space will be setback a minimum of 32.454 m
(106.0 ft) to the east and 35.835 m (118.0 ft) to the north.
Staff note that no variance requests have been made for setbacks to any property line as
it pertains specifically to the decks. As previously noted, the decks will not conflict with
any key natural heritage features on the subject property.
As such, the subject variances are considered by staff 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 The Town’s Accessibility Advisor has completed its review of
the above minor variance and has no comment.
Traffic Analyst No comments provided at the time of writing of this report.
Page 37 of 55
September 8, 2022 6 of 8 Report No. MV-2022-33
Operational Services – Parks We have reviewed the documentation for the property
associated with the above noted application and have no
formal comments.
Central York Fire Services CYFS has no comments on the subject 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.
Toronto Region Conservation
Authority
TRCA has reviewed MV-2022-33 and offer the following
comments for our consideration.
The subject property is outside of TRCA’s Regulated
Area, therefore a TRCA permit is not required;
The subject property is located on the ORMCP (Natural
Linkage Area);
Based on the proposed works (garage addition,
covered and uncovered deck) TRCA has no concern or
objection to the approval of the application;
Any future applications which propose works close to
the woodlot area should be screened by TRCA.
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 38 of 55
September 8, 2022 7 of 8 Report No. MV-2022-33
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
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 a
condition of approval. Please refer to Appendix ‘A’ for the recommended conditions of
approval for the requested variance.
Attachments
Appendix ‘A’ - Recommended Condition of Approval
Appendix ‘B’ – Site Plan & Architectural Package
Page 39 of 55
September 8, 2022 8 of 8 Report No. MV-2022-33
Appendix ‘A’ – Recommended Condition of Approval
The following condition are required to be satisfied should application MV-2022-33 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 August 22
2022, to the satisfaction of the Director of Planning and Development Services.
Page 40 of 55
AMENDED
Page 41 of 55
PR20220873Aug. 2, 2022TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWMelissa BozaninAPPROVED BY:Page 42 of 55
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: September 8, 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 second storey addition to an existing
one and a half storey single-detached dwelling.
The following relief from the requirements of the Town’s Zoning By-law 6000-17, as
amended, is requested:
a) Section 5.4 of the Zoning By-law requires a minimum of 2 parking spaces per
dwelling. The applicant is proposing one parking space for a two-storey detached
dwelling.
b) 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 0.96 m from the front lot line.
c) 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 1.51 m front the
front lot line.
d) 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 2.75 m to the front lot
line.
Page 43 of 55
September 8, 2022 2 of 12 Report No. MV-2022-32
e) 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 1.16 m to the
exterior side lot line.
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 five variances for reduced parking (1 parking space) a front
yard step encroachment, open porch encroachment, front yard setback and reduced
exterior side yard setback in order to accommodate a new second storey addition to an
existing Single-Detached Dwelling. As per the submitted site plan, the new total Gross
Floor Area proposed for the dwelling is 268.59 m² (2,891.0 ft²)
The applicant is proposing to keep the existing exterior walls and will not be building
beyond the existing footprint. 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 o f
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.
Page 44 of 55
September 8, 2022 3 of 12 Report No. MV-2022-32
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.
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) Variance A does not meet the general intent and purpose of the Official Plan. Variances
B, C, D & E do 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.
Variance A requested proposes that one parking space be provided as opposed to two
for a two-storey single-detached dwelling. Staff note that the majority of surrounding
neighbouring properties can presently accommodate onsite parking for two or more
vehicles. Official Plan Policy 8.1.3 a) for stable neighbourhood areas require that new
development and site alteration abutting existing residential development shall be
sympathetic to the form and character of the existing development and shall be
compatible with regard to building scale and urban design. Staff do not consider the
parking reduction proposed to be compatible with existing development in the area.
With the exception of the proposed parking arrangement, 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 of the opinion that Variance A does not meet the general intent and purpose of
the Official Plan and that Variances B, C, D & E do meet the general intent and purpose of
the Official Plan.
Page 45 of 55
September 8, 2022 4 of 12 Report No. MV-2022-32
b) Variance A does not meet the general intent and purpose of the Zoning By-law. Variances
B, C, D & E do meet the general intent of the by-law.
Town Staff acknowledge that the property is located within a residential neighbourhood
that was developed prior to the passing of Zoning By-law 6000-17, as amended. As such,
the driveway to remain represents an existing condition. Parking provisions exist within
the By-law to ensure that adequate parking can be accommodated onsite. The applicant
has informed Planning Staff that they only own one vehicle, which would only require one
parking space.
The By-law outlines for the subject property that a minimum of two parking spaces per
dwelling is required. The dwelling in its present-day form currently accommodates two
parking spaces (one in the driveway and one in the existing attached garage). Through
the applicant’s proposed re-design of the dwelling, the attached garage space would now
be converted into interior home office space.
Although the applicant has communicated to staff that they only own one vehicle, the
second storey addition would result in a significant increase in livab le area space to the
dwelling in its entirety, which as previously referenced, at the same time also proposes to
remove parking from the property.
In this case, staff are of the opinion that a design alternative to the dwelling can be
achieved which could potentially include the present-day configuration and location of an
attached single-car garage and existing driveway in order to meet the zoning by-law
parking requirement as well as potential future parking needs for the site. Another option
could include recessing a portion of the dwelling inward simply just to accommodate
additional driveway length.
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.
Page 46 of 55
September 8, 2022 5 of 12 Report No. MV-2022-32
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
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.
The main building wall for the existing Single-Detached Dwelling is remaining in place and
the 2.75 m (9.0 ft) reduced front yard setback is mainly attributed to a second storey
portion of the roof located over the front entrance of the dwelling which protrudes slightly
into the front yard. 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 side yard setback by-law requirement is to ensure that adequate
separation is provided between buildings on abutting properties as well as to ensure that
sufficient space exists so as not to impede access or side yard maintenance.
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.
Based on the above staff are of the opinion that requested variance A does not meet the
general intent and purpose of the zoning by-law and that requested variances B, C, D & E
do meet the general intent and purpose of the zoning by-law.
c) Variance A is not considered desirable for the appropriate development or use of the
land. Variances B, C, D & E are considered desirable for the appropriate development or use
of the land.
Through the submitted application, as it relates to minimum onsite parking, the applicant
is formally requesting that one parking space be permitted. As previously noted, the
applicant has informed Planning Staff that they only own one vehicle. However, in the
event that more than one vehicle will be required to park at the property, staff are of the
opinion that the minimum onsite parking requirement should be met in order to mitigate
against the potential of having to rely on on-street parking.
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.
Page 47 of 55
September 8, 2022 6 of 12 Report No. MV-2022-32
Staff note that the reduced front yard setback of 2.75 m (9.0 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 abut another neighbouring residential property containing a single-detached
dwelling but instead a municipal boulevard and public throughfare (Harrison Avenue). As
such, the requested 1.16 m exterior side yard setback would not result in any conflicts as
it relates to spatial separation with any other neighbouring property.
Based on the above, staff do not consider variance A to be desirable for the appropriate
development and use of the lands and consider variances B, C, D & E to be desirable for
the appropriate development and use of the lands
d) Variance A is not considered to be minor in nature. Variances B, C, D & E are considered
to be minor in nature.
The Minor Variance requested for parking results in the loss of one onsite parking space.
One out of a required two however technically results in a 50% parking reduction, which
staff do not consider to be minor.
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 2.75 m (9.0 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 (front façade to remain) 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 1.16 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.
Page 48 of 55
September 8, 2022 7 of 12 Report No. MV-2022-32
Based on the above, staff does not consider variance A to be minor in nature and consider
variances B, C, D & E 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 concerns with it.
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.
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
Page 49 of 55
September 8, 2022 8 of 12 Report No. MV-2022-32
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
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
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
No comments received at the time that this report was
written.
Page 50 of 55
September 8, 2022 9 of 12 Report No. MV-2022-32
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
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)
Page 51 of 55
September 8, 2022 10 of 12 Report No. MV-2022-32
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
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 are of the opinion that Variance A
does not meet the four tests of the Planning Act. However, staf f are of the opinion that
Variances B, C, D & E do meet the four tests of the Planning Act.
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 variances.
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 52 of 55
September 8, 2022 11 of 12 Report No. MV-2022-32
Appendix ‘A’ – Recommended Conditions of Approval
The following condition is required to be satisfied should application MV -2022-32 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 August 23,
2022 (Site Plan) & July 22, 2022 (Building Elevations) 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 53 of 55
September 8, 2022 12 of 12 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 54 of 55
N12d 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)N12d 41' 00" W 143.67' (43.78m)N12d 41' 00" W 143.67' (43.78m)RESIDENTIAL
DWELLING
2 STOREY
268.59 SQ. M.
1165
WELLS STREETHARRISON AVENUEBUILDING CODE MATRIX
(PLACE HOLDER)
HVAC CALCULATIONS
(PLACE HOLDER)
BOULEVARD
BOULEVARD
SITE AREA
567.29 SQ. M.
69 HARISON AVENUE
U.P.
U.P.
1605
A401
2
A400
1
A400
2
A401
1
EXISTING
ASPHALT
DRIVEWAY
420
364515103430SITE 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 128.12 SQ. M.
LOT COVERAGE 22.59%
PROPOSED GFA 268.59 SQ. M.
BUILDING HEIGHT 9.32 M.27670275074301920
1500
27732842
48283868
9652145
1890
103 WELLS
STREET140
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: Aug 23, 2022 - 12:08pm
- PROPOSED RECONSTRUCTION
OF SECOND
LEGEND
- EXISTING DRIVEWAY
- EXISTING AREA GROUND FLOOR
A100
1:150
SITE PLAN
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