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Agenda - Committee of Adjustment - 20230511Town of Aurora Committee of Adjustment Meeting Agenda Date:Thursday, May 11, 2023 Time:7:00 p.m. Location:Video Conference Due to the COVID-19 pandemic, meetings will be available to the public via live stream only on the Town’s YouTube Channel. To participate electronically, 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 April 13, 2023, Meeting Number 23-04 That the Committee of Adjustment Minutes from Meeting Number 23-04 be adopted as printed and circulated. 6.Presentation of Applications 6.1 MV-2023-15 - Zhou - 71 Glensteeple Trail 1 6.2 MV-2023-10 - Tersigni - 41 Mosely 8 6.3 MV-2023-20 - Muzi - 38 Holman Cres 25 6.4 MV-2023-14 - Watts - 53 Cranberry lane 35 6.5 C-2023-02 - Watts - 53 Cranberry lane 42 6.6 MV-2023-16 - Sobhi - 14 Corbett 50 6.7 MV-2023-17 - Panet - 60 Fleury Street 74 6.8 MV-2023-19 - Lisi - 151 Dawlish Ave 83 6.9 MV-2023-18 - Szabo - 135 Aurora Heights Dr 91 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 3 -15 _______________________________________________________________________________________ Subject: Minor Variance Application Zhou 71 Glensteeple Trail Plan 65M4614, Lot 20 File: MV-2023-15 Prepared by: Katherine Gatzos, Planner Department: Planning and Development Services Date: May 11, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate the construction of a detached deck. The following relief is being requested: a) Section 4.1.1.1 of the Zoning By-law requires a minimum rear yard setback of 1.0 metre for any accessory structure. The applicant is proposing a detached deck which is 0.7 metres to the rear property line, thereby requiring a variance of 0.3 metres. Background Subject Property and Area Context The subject property, municipally known as 71 Glensteeple Trail, is located on the north side of Glensteeple Trail, west of Yonge Street and south of Ridge Road. The property is rectangular in shape with a lot area of approximately 765 sq m (8283 sq ft) and an approximate lot frontage of 19.5 m (64 ft). There is an existing two storey dwelling with an attached porch on the subject property. The surrounding residential uses are characterised by larger two storey dwellings. Page 1 of 101 May 11, 2023 2 of 6 Report No. MV-2023-15 Proposal The owner is proposing to build a 42.89 sq m (463 sq ft) detached deck at the rear of the subject property. The purpose of the deck is to provide more usable space due to the steep change in grade at the rear portion of the lot. Official Plan (OPA 34) The subject property is designated “Cluster Residential” by the Town of Aurora’s Official Plan (OPA 34). The Cluster Residential designation permits single detached dwellings. Zoning The subject property is zoned “Detached Third Density Residential R3 (435)”. The site specific (435) exception number is in reference to the original approved plan of subdivision for the neighbourhood, with single detached dwellings being permitted. 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 for not complying with the Zoning By-law As stated on the application form, “Due to the slope of rear yard, property owner wants to utilize the backyard amenity by creating a proper sized deck”. Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-15 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: a) The proposed variance meets the general intent of the Official Plan The intent of the “Cluster Residential” Official Plan designation is to provide a range of housing patterns as part of a generally low-density development setting that emphasizes open space and limited impervious surfaces. The proposed detached deck is located at the rear of the property and will have no impact on the streetscape of the neighbourhood or character of the area. The proposed deck is permeable, and has been designed and sited in a manner that respects the landform of the property with no impacts to the grades or elevations. Page 2 of 101 May 11, 2023 3 of 6 Report No. MV-2023-15 Additionally, there are no concerns or impacts to neighbouring properties at the rear property line, as the subject property backs onto forested area. The proposed variance will also not result in any impact to natural hydrogeological or other environmental functions. The Official Plan designation also encourages private amenity space, with the proposed deck providing additional usable amenity area for the property owner due to the steep grade changes that currently exist on the site, while harmonizing with the natural area. 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 negative impacts. b) The proposed variance meets the general intent of the Zoning By-law The intent of the rear yard setback provision of the “Detached Third Density Residential R3 (435)” zone is to ensure that appropriate and adequate spacing between buildings is provided for privacy, amenity area, landscaping, access, and drainage. Staff are of the opinion that the proposed detached deck would allow for further enjoyment of the rear amenity area and would not negatively impact access through the site. The proposed deck is permeable and will not have any impacts on drainage or the grading of the property, as the elevations will be unchanged. Adequate spacing is maintained between neighbouring properties through compliance with other setback requirements, and existing mature trees at the rear property line provide additional screening of the site. No residential neighbour exists at the rear property boundary such that any privacy concerns or encroachment impacts are also further alleviated. As such, Staff are satisfied that the reduced rear yard setback of the detached deck maintains the general intent of the Zoning By-law. c) The proposed variance is considered desirable for the appropriate development of the land As the site topography slopes downward towards the rear lot line, the existing grading limits the property owner’s ability to make the most use of their amenity space. Th e construction of the proposed detached deck will allow for increased usability and the development of functional amenity space, without any compromise to the landform or grading pattern of the property. The proposed detached deck will also maintain appropriate setbacks on the west and east side and is appropriately screened and separated from neighbouring properties such that there are no privacy or encroachment concerns. Page 3 of 101 May 11, 2023 4 of 6 Report No. MV-2023-15 Staff are of the opinion that the requested variance is desirable for the appropriate development of the site. d) The proposed variance is considered minor in nature In the opinion of Staff, the requested variance is considered to be minor and is not expected to have any adverse effects on the subject lands, neighbouring properties, or the character of the existing neighbourhood as a whole. Given the location, scale, and design of the proposal, staff are satisfied that the proposed detached deck will not impact the existing uses on site, the natural and open area, and landform patterns. The proposal allows the owner to make better use of amenity area on site without any negative impacts. As such, 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 with no other non-compliance identified. Engineering Division No Objections. Operational Services (Parks) No Objections. Operational Services (Public Works) No Objections. Central York Fire Services No Objections. LSRCA No Objections. York Region No Objections. 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 4 of 101 May 11, 2023 5 of 6 Report No. MV-2023-15 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 of the Planning Act for granting of minor variances. Staff recommend approval of the requested variance, subject to the conditions outlined in Appendix ‘A’. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan and Elevations Page 5 of 101 May 11, 2023 6 of 6 Report No. MV-2023-15 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-15 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 6 of 101 10'18'-3"14'-10" 17'-2"28'-3"1'-4"1'-4"7'-3"7'-3" 1'-4"4'-11"7'-3"1'-4" 2'-4"1'-4"1'-4"5'-7"4'-5"7'-912"7'-912"1'-4"2-2X6 PT BEAMCONCRETE PIERS - Ø 8", EXTEND TO MIN. 4' BELOW GRADEWOOD POSTS - 6X6 PRESSURE TREATED2-2X6 PT BEAM2-2X6 PT BEAM2X6 PT JOISTS @ 16" O.C.6" FROM GRADETO TOP OF DECK6" FROM GRADETO TOP OF DECK60" FROM GRADETO TOP OF DECK50" FROM GRADETO TOP OF DECKTIMBERTECH AZEKCOMPOSITE DECKING1"X5.5"REGAL ALUMINUMRAILING 42" TALL2-2X6 PT BEAMFoundation & Framing Plan Scale: 1/4" = 1'- 0"EXI. DETACHED DWELLINGEXISTINGPORCH24'-712"2'-4"4'31'-814"14'-512"4'-2"3'-734"4'18'4'Site Plan Scale: 1/16" = 1'- 0"PROP. DECK28'-3"17'-2"EXISTING EASEMENT13'-814"PROPOSEDNEW DECK6" 5'3'-6"REGAL ALUMINUM RAILINGEast Elevation Scale: 1/4" = 1'- 0"GRADENO CHANGESTO GRADE71 Glensteeple Trail, AuroraPage 7 of 101 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -10 _______________________________________________________________________________________ Subject: Minor Variance Application Tersigni 41 Mosley Street Lot 7, Registered Plan 68 File: MV-2023-10 Prepared by: Adam Robb, MPL, MCIP, RPP, CAHP, Senior Planner Department: Planning and Development Services Date: May 11, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to legalize an existing converted dwelling and rebuild the front porch with a new additional front entrance. All of the following variances represent legal non-complying setbacks for the existing building/structure and lot, except for variance c) regarding the additional front entrance, which will be new. The following relief is being requested: a) Section 7.5.5.3 of the Zoning By-law requires a minimum total gross floor area of not less than 300 square meters for converted dwellings. The converted dwelling has a gross floor area of approximately 207 square meters. b) Section 7.5.5.2 of the Zoning By-law requires converted dwellings to comply with the requirements of Section 7.2 of the Bylaw. The existing lot and structure do not comply with Section 7.2 in terms of the following:  Lot area: 1,110m2 required; 1,020.7m2 existing  Lot frontage: 22m required; 15.6m existing  Front yard setback: 6m required; 2.4m existing  Interior side yard setback: 2.5m required; 0.15m existing c) Section 7.5.4.3 of the Zoning By-law does not permit more than one entrance into the front yard, including below grade walkouts. The applicant is proposing a converted dwelling with 2 separate entrances for 2 of the units from the front. Page 8 of 101 May 11, 2023 2 of 8 Report No. MV-2023-10 d) Section 4.20 of the Zoning By-law requires open porches and steps to be a minimum of 4.5m from the front lot line. The applicant is proposing to rebuild an existing porch with steps 0.8m from the front lot line to the porch edge. Background Subject Property and Area Context The subject property is located on the south side of Mosley Street, between Victoria Street to the west and Wells Street to the east. It has a frontage of 15.6 metres (51 feet) along Mosley Street and a total lot area of 1,020.7 m2 (0.25 acres). The property is currently listed and non-designated on the Town of Aurora Heritage Register. Listed heritage status is intended to protect the structure from demolition, which is not being considered by this variance application. The neighbourhood area is generally characterized by two-storey residential properties with instances of infill development and other converted dwellings. Proposal A legal non-complying converted dwelling currently exists on the property. This structure contains 4 units and is best described as a double duplex. The structure initially was a triplex but has functioned as a double duplex for several years and prior to the current owner taking possession of the property. This conversion to a double duplex would have previously been permitted since there was no enlargement of the building. Through the requested variances and rectifying of non-complying provisions, the double duplex structure and lot can be formally recognized. The existing structure and lot are considered legal non-complying in terms of lot area, lot frontage, front and interior side yard setbacks, minimum gross floor area, and porch setbacks, all of which are existing deficiencies on the site and are not a result of any proposed work. The only construction planned by the owner is interior renovation and a minor addition at the rear for improved access (a non-GFA stairwell) as well as the rebuilding of the front porch and addition of a new (second) front entrance. The requested variances specifically are intended to legalize the existing non-complying provisions for the lot and structure as a technical means of rectifying the status of the property, and enable a second front entrance – with this second front entrance being the only variance required as a result of the actual new work itself. Page 9 of 101 May 11, 2023 3 of 8 Report No. MV-2023-10 Official Plan 41 Mosley Street is designated in the Town’s Official Plan as “Stable Neighbourhoods”. Converted residential dwellings / existing multiple unit buildings are permitted under this designation. Zoning 41 Mosley Street is zoned “Special Mixed Density Residential R7-SN (497)” in the Town’s Comprehensive Zoning By-law. Converted dwellings including double duplexes are permitted under this zoning. 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, “We are maintaining the existing square footage area, we are maintaining the existing 4 unit layouts, it is only the 2 ground floor units that will have access from the front porch, and the rebuild of the old existing porch is to accommodate those entrances, enhance the front façade, and improve the safety of the porch”. Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-10 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: a) The proposed variance meets the general intent of the Official Plan The intent of the “Stable Neighbourhoods” designation is to protect residential neighbourhoods from large scale, incompatible forms of development. This designation also recognizes that areas are permitted to evolve and be enhanced over time. Existing multiple unit buildings are explicitly recognized as permitted within this designation. The building currently functions as a 4-unit multiple residential dwelling with no change of use proposed as a result of the requested variances. The structure has functioned as a 4-unit double duplex for several years and prior to the current owner Page 10 of 101 May 11, 2023 4 of 8 Report No. MV-2023-10 taking possession of the property. Double duplexes are considered multiple unit buildings and are permitted under the Official Plan designation. The actual proposed new work and alteration of the property are considered to be minimal without any negative results anticipated on the streetscape or neighbourhood character. The majority of the variances requested are about rectifying existing legal non- complying deficiencies on the property, with the only variance requested as a result of the new work being in regard to the addition of a second front entrance on the building. The overall form, function, massing, and style of the building will be unchanged and the character of the surrounding area is unimpacted by the requested variances. Upgrading and repairing the porch and front entrance will actually result in an enhanced front façade and improved safety. The addition of a second front door will not negatively impact the streetscape, as there are already instances of other converted dwellings with two front entrances existing on the street and within the same block, including at 56 and 58 Mosley Street. Legalizing the existing deficiencies on the property also recognizes the planned and established function of the property in being to provide additional and diverse residential housing opportunities as a double duplex. Providing rental housing opportunities at this location aligns with the Town’s Official Plan housing goals and objectives. Overall, staff are of the opinion that the requested variances will have no negative impacts and that the general intent of the Official Plan is met. b) The proposed variance meets the general intent of the Zoning By-law The intent of the “Special Mixed Density Residential R7-SN (497)” zoning requirements are to ensure that the overall streetscape and public realm are maintained with appropriately sized and oriented buildings and lots. The zoning requirements of the site specific (497) provision were developed to specifically address stable neighbourhoods design policy. The existing structure is original to the neighbourhood, and no change to the massing, height or orientation of the structure is proposed. Again, the requested variances are largely about rectifying existing deficiencies on the property, with there being no reasonable way for the owner to address existing deficiencies such as in lot area, frontage, setbacks, and even minimum gross floor area. The only new work necessitating a variance is in regards to the additional second front entrance. Page 11 of 101 May 11, 2023 5 of 8 Report No. MV-2023-10 The intent of limiting the number of front entrances is to ensure no negative impact on the streetscape or symmetry of the dwelling. In reviewing the area specific Town Park Urban Design Guidelines, which help in implementing the subject zoning, there is support for encouraging front entrances to have a positive presence on the public realm, with prominent front doors and porches - which the requested variance achieves. From a design perspective there is no major concern with two doors existing at the front of the structure, specifically considering the proposed rebuild and improvements to the porch will enhance the streetscape façade and make the building and entrances highly approachable from the street. The porch is designed in a high-quality manner that also considers weather protection, and the overall symmetry of the building is maintained even with the additional second entranceway. The overall safety of the property is also improved by rebuilding the porch. As an existing 4 unit converted dwelling, there are also no other zoning concerns related to the property, such as in terms of parking. The use is existing and established and is unchanged by the requested variances. Overall, the requested variances will not result in any negative impacts to the streetscape or character of the neighbourhood, and as such, staff are of the opinion that the proposed variances are in keeping with the intent of the Zoning By-law. c) The proposed variance is considered desirable for the appropriate development of the land The minor variances requested have been considered in the context of the site itself and adjacent neighbourhood. Recognizing the provisions of the existing structure and rectifying legal non-conforming deficiencies is desirable as it supports the property as a recognized and established converted dwelling that provides an array and diversity of housing opportunities in the local community. Further, the actual proposed work and rebuilding of the front porch will enhance the overall façade of the building to assist in contributing to a positive public realm, and it improves the safety and usability of the property. The requested variances help to make the existing converted dwelling more functionable. As such, staff are of the opinion that the requested variances are desirable for the appropriate development of the land. d) The proposed variance is considered minor in nature In considering that the majority of variances requested are due to existing deficiencies and legal non-complying conditions on the site, and that the only new work to the property Page 12 of 101 May 11, 2023 6 of 8 Report No. MV-2023-10 necessitating a minor variance is the addition of a second front entrance, staff are of the opinion that the proposal is minor in nature. There will be minimal impact as a result of the proposal and the overall streetscape will be enhanced by the rebuilding of the porch and improvements to the front façade of the building. Overall, 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 with no other non-compliance identified. Engineering Division No objections. Operational Services (Parks) No objections. Operational Services (Public Works) No objections. Applicant will require an approved Road Occupancy permit from Public Works, and is to have regard for the existing sanitary sewer manhole that exists on the property during any related construction. Central York Fire Services No objections. York Region No objections. LSRCA No objections. Public Correspondence Written submissions were not received at the time of writing of this report. Should any 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 13 of 101 May 11, 2023 7 of 8 Report No. MV-2023-10 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 test of the Planning Act for the granting of minor variances. Staff recommend approval of the requested variances subject to the conditions outlined in Appendix ‘A’. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan and Drawings Page 14 of 101 May 11, 2023 8 of 8 Report No. MV-2023-10 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-10 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property and existing structure, 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 15 of 101 MOSLEY STREETEX. 2 STOREY BUILDINGNo. 41NEW PORCHEX. 1 STOREY BUILDINGEX. SHED 1EX. SHED 2EX. DRIVEWAY EX. SIDEWALKSITE PLAN No11.4.3.4.bSCALE:41 MOSLEY ST.OBC MATRIX PART 11A.12N.T.S.SCALE:41 MOSLEY ST.OBC MATRIX PART 9A.11N.T.S.Item.2. [A] New Change of UseData Matrix Part 3 or 91 Part 113.2.1.12. [A]1.4.1.2. [A]1.4.1.2. [A]&3.2.2.20 - .833.2.2.15, 3.3.4.3.3.2.5.8 3.2.6BothBoth Yes 3.2.5.7 entire buildingMajor Occupancy(s)Gross Area (m )258 basement not required Yes CombustibleFire Alarm required910Actual Construction120[A] for Division A or [C] for Division CN/AMezzanine ______ HoursN/ABelow grade ______ Part 9 Part 31.1 Addition Building AlterationProject Description:11.1 to 11.43.2.2.28 & 3.2.2.151.4.1.3.2.2.45..3.2.4..3.2.2.20 - .83Total Building Area (m )Number of Storeys34Spri76nkler System Proposed No Yes Yes No NoStandpipe requiredHigh BuildingConstructionINTERIOR ALTERATION & ADDITION41 MOSLEY ST.AURORA, ON1311Water Service/Supply is Adequate Restrictions selected floor areasNumber of Streets/Fire Fighter Access _____________________________Building Classification selected compartments in lieu of roof rating3.2.1.6. & 3.2.1.1.(4) 3.1.17.3.83.2.2.20 - .833.3.1.2. & 3.3.1.19. design of SUITE mðSHUVRQ Yes Mezzanine(s) Area m1415Barrier-free Design16Occupant load based onHorizontal AssembliesFRR (Hours)RequiredFire18Rating(FRR)17Hazardous Substances Yes NoListed Design No.or Description (SB3) No (Explain) __________________MembersFloors __________ HoursRoof ___________ HoursDescription (SB3)FRR of SupportingListed Design No. Or Total __________Total __________Other - Describe _____________________________________________________202GROUP C -RESIDENTIAL01ð3.6.2.5., 3.6.3.3.110References are to Division B unless notedN/A119.47Firm Name:Ex. _____ ðAbove grade ______CombustibulePermittedNon-CombustibulerequiredNon-Combustibule133.50Project Name:Ontario 2012 Building Code OBC ReferenceT 11.2.1.1BT 11.2.1.1A11.2.1to N11.3.3.211.3.3.111.1Existing BuildingClassification:Describe Existing Use:Construction Index: ______________________________________Hazard Index: _______________________________________Not Applicable (no change of major occupancy)Alteration To ExistingBuilding is:11.2Extensive RenovationBasic RenovationOntario Building Code Data Matrix - Parts 11 - Renovation of Existing BuildingOBC ReferenceItem11.4.211.4.2.111.4.2.211.4.2.411.4.2.311.4.2.5Structural:By Increase In Occupant Load:By Change Of Major Occupancy:Reduction InPerformance Level:Sewage-System:Plumbing:NoYes11.4.311.4.3.211.4.3.311.4.3.511.4.3.411.4.3.6Structural:By Change Of Major Occupancy:CompensatingConstruction:11.4Sewage-System:NoNoYes ( Explain )NoYes ( Explain )NoYes ( Explain )ComplianceAlternativesProposed:11.5NoYes11.5.1GROUP C - ResidentialDescribe Proposed Use:Firm Name:Project Name:NoNoNoNoYesYesYesYes11.3Ex. _____ Interior AlterationBy Increase in Occupant Load:Yes ( Explain )Yes ( Explain )Plumbing:14.03New _____ New _____ 184.22207.1722.95PETER DEL GROSSO67 ELMBROOK CRES.ETOBICOKE, ON.M9C 5C7INTERIOR ALTERATION & ADDITION41 MOSLEY ST.AURORA, ONPETER DEL GROSSO67 ELMBROOK CRES.ETOBICOKE, ON.M9C 5C7EXISTINGMezzanine ______ HoursFloors __________ HoursRoof ___________ Hours9.10.143.2.3.Nonc.CladdingDesign or ConstConstr.Listed Comb Non-CombSpatial Separation ±19 Construction of Exterior Walls(m)H/LEBF (sm)NorthSouthEastWestWallArea of L.D. FRR (Hours)L/H or PermittedMax. % ofOpeningsProposed% ofOpeningsComb. Constr. EXISTING TO REMIAN - NO CHANGEEXISTING TO REMIAN - NO CHANGEEXISTING TO REMIAN - NO CHANGEEXISTING TO REMIAN - NO CHANGEGROUP C - ResidentialA.1SITE STATISTICSKEY PLAN& OBC MATRIXSITE PLANPage 16 of 101 EX. FIRST FLOOR PLANEX. SECOND FLOOR PLANUNIT 4UNIT 1UNIT 2UNIT 3BEDROOMBATHKITCHEN KITCHENKITCHENLIVING ROOMBATHBATHLIVING ROOMLIVING ROOMKITCHENLIVING ROOMBEDROOMBATHDENSTORAGECL.CL.CL.CL.PORCH CRAWL SPACEUNHEATED CRAWL SPACEUNHEATED EX. BASEMENT FLOOR PLANCL.EX. NORTH ELEVATIONEX. EAST ELEVATIONEX. WEST ELEVATIONEX. SOUTH ELEVATIONA.2EX. PLANS & ELEVATIONSPage 17 of 101 BASEMENT FLOOR PLANUNEXC. CRAWL SPACEUNHEATED CRAWL SPACEUNHEATED (GROUND FLOOR FRAMING PLAN)A.3BASEMENT FLOOR PLAN201 Millway Avenue, Unit 10Concord, OntarioL4K 5K8Nick E. Lapadula, P.Eng.Phone: 905-660-7732Fax: 905-660-0754Email: nlapadula@rogers.comPage 18 of 101 W/DBATHBEDROOMLIVING / DINING RMFIRST FLOOR PLANNEW PORCHUNIT 3BEDROOMBEDROOMBATHW/DBATHLIVING / DINING RMUNIT 1LIVING / DINING RMNEW PORCHCL.400 s.f380 s.fSHOWERSHOWERCL.CL.W/DCL.CL.CL.UNIT 2400 s.f(SECOND FLOOR FRAMING PLAN)A.4FIRST FLOOR PLAN201 Millway Avenue, Unit 10Concord, OntarioL4K 5K8Nick E. Lapadula, P.Eng.Phone: 905-660-7732Fax: 905-660-0754Email: nlapadula@rogers.comPage 19 of 101 W/DBATHBEDROOMBEDROOMLIVING / DINING RMCL.CL.BALCONYSECOND FLOOR PLANCL.SHELF(ROOF FRAMING PLAN)UNIT 4769 s.fA.5SECOND FLOOR PLAN201 Millway Avenue, Unit 10Concord, OntarioL4K 5K8Nick E. Lapadula, P.Eng.Phone: 905-660-7732Fax: 905-660-0754Email: nlapadula@rogers.comPage 20 of 101 NORTH ELEVATIONEAST ELEVATIONA.6NORTH & EAST ELEVATIONSPage 21 of 101 WEST ELEVATIONSOUTH ELEVATIONA.7SOUTH & WEST ELEVATIONSPage 22 of 101 CROSS SECTION AEX. UNHEATED CRAWL SPACE UNIT 3BEDROOMCROSS SECTION B CRAWL SPACEUNHEATED A.8CROSS SECTIONS A & B201 Millway Avenue, Unit 10Concord, OntarioL4K 5K8Nick E. Lapadula, P.Eng.Phone: 905-660-7732Fax: 905-660-0754Email: nlapadula@rogers.comPage 23 of 101 TRENCH FOUNDATION WALL DETAILA.91EXTERIOR WOOD BALCONY ASSEMBLYEGRESS FROM DWELLING UNITSSMOKE ALARM & CARBON MONOXIDEDETECTORSMOKE ALARM:MONOXIDE DETECTOR - (BEDROOMS)A.9STRUCTURAL NOTES201 Millway Avenue, Unit 10Concord, OntarioL4K 5K8Nick E. Lapadula, P.Eng.Phone: 905-660-7732Fax: 905-660-0754Email: nlapadula@rogers.com& DETAILPage 24 of 101 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -20 _______________________________________________________________________________________ Subject: Minor Variance Application Muzi 38 Holman Crescent Plan 514, Lot 522 File: MV-2023-20 Prepared by: Katherine Gatzos, Planner Department: Planning and Development Services Date: May 11, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to recognize a detached garage that was constructed without obtaining a building permit. The following relief is being requested: a) Section 7.2 of the Zoning By-law requires a minimum side yard setback of 1.2 metres. The applicant is proposing a detached garage, which is 0.9 metres to the side property line, thereby requiring a variance of 0.3 metres. b) Section 24.497.8 of the Zoning By-law allows a maximum Gross Floor Area of 40 square metres for an accessory detached structure. The applicant is proposing a detached garage with a Gross Floor Area of 52.6 square metres, thereby requiring a variance of 12.6 square metres. Background Subject Property and Area Context The subject property, municipally known as 38 Holman Crescent, is located on the south side of Holman Crescent, west of Baldwin Road. The parcel is a generally pie-shaped lot, with an area of approximately 878 sq m (9458 sq ft) and a frontage of approximately Page 25 of 101 May 11, 2023 2 of 7 Report No. MV-2023-20 16.5 m (54 ft). There is an existing one storey dwelling on the subject property, and the surrounding residential uses are characterized by low profile one storey dwellings. Proposal The property owner is seeking to recognize a 52.6 sq m (566 sq ft) detached garage on the subject property that was constructed without a building permit. Official Plan The subject property is designated “Stable Neighbourhoods” by the Town of Aurora’s Official Plan. The Stable Neighbourhoods designation indicates that single detached dwellings and associated accessory structures such as detached garages are permitted. Zoning The subject property is zoned “Detached Third Density Residential R3-SN(497)” in the Town of Aurora’s Zoning By-law. Single detached dwellings and detached garages are permitted under this zoning category. 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 instances of non- compliance were identified. Applicant’s stated reason(s) for not complying with the Zoning By-law As stated on the application form, “Unfortunately, we were misinformed and have already rebuilt the structure under the pretence that a permit was not needed if a structure already existed. We were also told that the law for a structure was 3 ft from the property line not 1.2 metres”. Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-20 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: a) The proposed variance meets the general intent of the Official Plan The intent of the Official Plan Stable Neighbourhood designation is to ensure that residential neighbourhoods are protected from incompatible forms of development, while allowing the neighbourhoods to be enhanced over time. Page 26 of 101 May 11, 2023 3 of 7 Report No. MV-2023-20 Despite building the detached garage without a building permit, the accessory struc ture results in no negative impacts to the streetscape or character of the area. The detached garage is of an appropriate scale and massing, and is oriented to the rear of the property such that its visibility is reduced and the streetscape character is maintained. Due to the irregular and pie-shaped nature of the parcel, the requested variances will also not result in any negative impacts on adjacent property owners. The detached garage is accessory in nature by being of an appropriate height, scale and massing so as not to detract from the presence of the main residential dwelling. As such, staff are of the opinion that the requested variances are in keeping with the general intent of the Official Plan. b) The proposed variance meets the general intent of the Zoning By-law The intent of the “Detached Third Density Residential R3-SN(497)” zoning is to ensure that the streetscape and public realm are maintained with appropriately sized and oriented buildings and accessory structures. Specifically, the side yard setback provision is to ensure appropriate and adequate spacing for privacy, landscaping, access, and drainage, and the maximum gross floor area provision is to ensure that accessory structures are subordinate and do not dominate a parcel and impede the presence of the primary dwelling. The side yard setback variance is largely a result of the irregular shape of the lot, and mature trees and a boundary fence exist to provide additional screening of the detached garage from the neighbouring property. Further, spacing between the main dwelling and detached garage on the subject property ensures that access through the site is not impeded. The detached garage also remains subordinate and unobtrusive to the single detached dwelling as it is set back behind the rear wall of the main dwelling and is partially shielded when travelling along Holman Cres. due to the orientation of the buildings. Additionally, as the lot coverage provision is maintained, adequate outdoor open space exists on the subject property, ensuring appropriate site massing. Staff further note that all other standards of the By-law will be maintained and are of the opinion that the requested variances are in keeping with the intent of the Zoning By-law. Page 27 of 101 May 11, 2023 4 of 7 Report No. MV-2023-20 c) The proposed variance is considered desirable for the appropriate development of the land The minor variances have been considered in the context of the site itself and adjacent neighbourhood. Despite the detached garage being built without a building permit, the location of the garage and orientation on the parcel is appropriate. The detached garage has been oriented in a manner that conforms with the design guidelines of the Regency Acres Urban Design Guidelines, by being recessed from the main dwelling and respecting provisions in terms of height, scale and massing. It maintains a low-profile and overall, the detached garage complements the mid-century character of the main dwelling and neighbourhood. The subject property is also irregularly shaped as it tapers inward towards the front lot line, leaving less room for the construction of a functional and accessible garage space, given the location of the main dwelling. The detached garage is located as part of the existing driveway area on site, and additionally, it has the potential of reducing visible car presence on the subject property which can contribute to an enhanced neighbourhood character. Staff are of the opinion that the requested variances are desirable for the appropriate development of the land. d) The proposed variance is considered minor in nature In the opinion of Staff, the requested variances are considered to be minor and are not expected to have any adverse effects on the subject lands, neighbouring properties, or the character of the existing neighbourhood as a whole. The proposed variances are considered to be minimal and in keeping with the existing character of the neighbourhood, as multiple properties on Holman Cres. have detached garages accessory to the main dwelling, including the neighbouring property (36 Holman Cres.). Further, as indicated in an excerpt of an original survey provided by the applicant (Appendix C), a detached garage existed before the one assessed through this Minor Variance application in relatively the same location. Therefore, it is the opinion of Staff that impacts of the new detached garage are similar to previous conditions and are minimal given the history of the site. As such, Staff are of the opinion that the requested variances are minor in nature. Page 28 of 101 May 11, 2023 5 of 7 Report No. MV-2023-20 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 with no other non-compliance identified. Engineering Division No Objections. Operational Services (Parks) No Objections. Operational Services (Public Works) No objections. The owner is required to obtain an approved Road Occupancy Permit from the Town of Aurora Operations Department for any works. Central York Fire Services No Objections. LSRCA No Objections. York Region No Objections. 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) if 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 of the Planning Act for granting of minor variances. Staff recommend approval of the requested variance, subject to the conditions outlined in Appendix ‘A’. Page 29 of 101 May 11, 2023 6 of 7 Report No. MV-2023-20 Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan and Elevations Appendix ‘C’ – Survey Provided by Applicant Page 30 of 101 May 11, 2023 7 of 7 Report No. MV-2023-20 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-20 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 31 of 101 Side yard setback does not meet the minimum required 1.2m. please provide rear yard setback Gross floor area exceeds maximum allowable 40 sq.m . rear yard set back rear yard setback 1981 2286 Page 32 of 101 Page 33 of 101 Page 34 of 101 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -14 _______________________________________________________________________________________ Subject: Minor Variance Application Watts 53 Cranberry Lane PLAN 65M2259 LOT 53 File: MV-2023-14 Related Planning Application: C-2023-02 Prepared by: Rosanna Punit, Planner Department: Planning and Development Services Date: May 11, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to recognize an existing pool shed on the lands as a result of the proposed new lot line resulting from consent application C-2023-02, which has been applied for concurrently. The following relief is being requested: a) Section 7.2 of the Zoning By-law requires a minimum interior side yard setback of 1.2 metres. The existing pool shed is 0.0 metres to the newly proposed interior side property line as a result of the concurrent consent application C-2023-02. Background Subject Property and Area Context The subject property, municipally known as 53 Cranberry Lane, is located on the south side of Cranberry Lane, east of Bathurst Street and west of Yonge Street. The subject property has an approximate area of 16,000 square feet (1,490 square metres) and an approximate lot frontage along Cranberry Lane of 197 feet (60 metres). The subject property is currently occupied by a 2-storey dwelling with an attached 2 car garage, an inground swimming pool and a detached pool shed. The subject property also Page 35 of 101 May 11, 2023 2 of 6 Report No. MV-2023-14 contains mature trees. The surrounding land uses include the new infill dwellings being built at the rear of the subject lands, known as the Highland Gate redevelopment. Proposal There is a concurrent consent application (C-2023-02) proposing to sever a 550.6m2 (0.13 acres) parcel of land within the subject property’s side yard (west side of 53 Cranberry Lane), and create a new lot. This is shown on the proposed severance plan attached as Appendix ‘B’. As a result of the new lot line, the existing pool shed will have a 0m side yard setback. The minor variance application is to recognize this non- compliance. As shown on Appendix ‘B’, the existing pool shed is approximately 2m x 3m and is placed on an angle. Thus, only the corner of the existing pool shed is facing the proposed new interior lot line. Related Planning Applications The owners have concurrently submitted a consent application (C-2023-02) relating to the proposed severance. The consent application will be able to facilitate a new residential lot. Official Plan The subject lands are designated as “Stable Neighbourhoods” in the Town’s Official Plan. This designation specifically permits single detached dwellings and accessory structures (note: the existing pool shed is considered as an accessory structure). Zoning The subject lands are zoned “Detached Third Density Residential (R3)” in Zoning By-law 6000-17, as amended, which permits single detached dwellings and accessory structures (note: the existing pool shed is considered as an accessory structure). Preliminary Zoning Review The applicant has completed a Preliminary Zoning Review (PZR) with the Town’s Building Division, prior to submitting the consent and minor variance applications. The PZR confirmed a zoning non-compliance for the existing pool shed due to the proposed new lot line. 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 variance is requested “because the shed is existing and there is no space to move it due to retaining wall rock and patio stone surrounding the pool”. Page 36 of 101 May 11, 2023 3 of 6 Report No. MV-2023-14 Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-14 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 and purpose of the Official Plan The intent of the Stable Neighbourhood designation is to ensure that residential neighbourhoods are protected from incompatible forms of development, while allowing the neighbourhoods to be enhanced over time. The existing pool shed has existed on the property and no new development is being contemplated as a result of the minor variance requested. There are other properties on this street that have an inground pool in the rear yard with a detached accessory structure to hold the pool equipment and other storage items. The existing pool shed cannot be seen from the street, the proposed newly created lot to the west is currently vacant. Thus, it is Staff opinion that the proposed variance has no impact on the existing streetscape or character of the area and is compatible with the area as an established and existing structure. Therefore, meeting the 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 the side yard setback provision is to ensure that appropriate and adequate spacing between buildings is provided for privacy, landscaping, access and proper drainage. Please note that only the corner of the existing pool shed does not comply with the Zoning By-law requirements, it is the opinion of Staff that the area of non-compliance will not impact the privacy of the future homeowner. With that said, Staff also belie ve that there is ample room for providing access for future maintenance or landscaping. The proposed variance application was circulated to Engineering Staff and there is no concern from a drainage perspective. Staff are of the opinion that the requested variance is in keeping with the intent of the Zoning By-law. c) The proposed variance is considered desirable for the appropriate development of the land Staff are of the opinion that the pool shed does not negatively impact the existing neighbourhood character. The location of the existing pool shed is desirable, as it enables rear amenity area for the owner without impacting the neighbouring property. To have the existing pool shed to relocated within the property would likely require removal of Page 37 of 101 May 11, 2023 4 of 6 Report No. MV-2023-14 existing interlocking and retaining wall which will cause undue hardship to the existing homeowner. Staff are of the opinion that the requested variance is desirable for the appropriate development of the land. d) The proposed variance is considered minor in nature Only a corner of the existing pool shed will not be able to comply with the Town’s Zoning by-law once the lot is severed. As a condition of approval, Staff will limit the variance to the existing pool shed. Thus, the Owner will not be able to move or expand the existing pool shed with a 0m side yard setback. Staff are of the opinion that the requested variance does not result in any negative impacts to the neighbourhood or the future abutting property. As such, Staff are of the opinion that the requested variance is minor in nature. Additional Comments The variance application was circulated to Town Departments/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 with no other non-compliance identified. Engineering Division No objections. Operational Services (Parks) No objections. Operations (Public Works) No objections. Central York Fire Services No objections. York Region No objections. LSRCA Not commenting on application as it is located outside the area governed by O. Reg. 179/06 under the Conservation Authorities Act. 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 38 of 101 May 11, 2023 5 of 6 Report No. MV-2023-14 Conclusion Planning staff have reviewed the application with respect to the Section 45 (1) if 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 of the Planning Act for granting of minor variances. Staff recommend approval of the requested variance. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Proposed Severance Plan Page 39 of 101 May 11, 2023 6 of 6 Report No. MV-2023-14 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-14 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. 2. That the variance will only come into effect upon the final approval of the related consent application C-2023-02. Page 40 of 101 RETAINED LOTSEVERED LOTPage 41 of 101 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. C -202 3 -02 _______________________________________________________________________________________ Subject: Consent Application Watts 53 Cranberry Lane PLAN 65M2259 LOT 53 File: C-2023-02 Related Planning Application: MV-2023-14 Prepared by: Rosanna Punit, Planner Department: Planning and Development Services Date: May 11, 2023 _______________________________________________________________________________________ Application The purpose of the proposed consent application is to sever a portion of the property municipally known as 53 Cranberry Lane, in order to create a new lot. As shown in appendix ‘B’, the applicant is requesting provisional consent for the following: a) The proposed severed lands are identified as Part 1, Part 5 and Part 6 on the draft survey with an approximate total area of 550.6 m2 (0.13 acres) and lot frontage of 28m (92 ft); and, b) The proposed retained lands are identified as Part 2, Part 3, Part 4 on the draft survey with an approximate total area of 939.4 m2 (0.23 acres) and lot frontage of approximately 29m (95 ft). Background Subject Property and Area Context The subject property, municipally known as 53 Cranberry Lane, is located on the south side of Cranberry Lane, east of Bathurst Street and west of Yonge Street. The subject property currently has an approximate area of 1,490 m2 (0.36 acres) and an approximate lot frontage of 57 metres fronting on Cranberry Lane. The subject property is currently occupied by a 2-storey dwelling with an attached 2 car garage, an inground swimming pool and a detached pool shed. The subject property also Page 42 of 101 May 11, 2023 2 of 7 Report No. C-2023-02 contains mature trees. The surrounding land uses include the new infill dwellings being built at the rear of the subject lands, known as the Highland Gate redevelopment. Proposal The application proposes to sever a 550.6 square metre (0.13 acre) parcel of land on the western portion to create a new lot. The retained and severed parcels are shown on the proposed severance plan attached as Appendix ‘B’. There is no proposed development currently associated with this application. The below chart also summarizes the consent request: Approximate Lot Area Approximate Lot Frontage Existing property 53 Cranberry Lane 1,486 m2 (0.36 acres) 57m (187 ft) Proposed Severed Lands (Parts 1, 5 and 6) 550.6m2 (0.13 acres) 28m (92ft) Proposed Retained Lands (Parts 2, 3 & 4). 939.4m2 (0.23 acres) 29m (95 ft) Related Planning Applications The applicant has concurrently submitted a minor variance application (MV-2023-14) to recognize the existing pool shed on 53 Cranbery Lane and its new setback abutting the proposed retained lands. Official Plan The subject lands are designated as “Stable Neighbourhoods” in the Town’s Official Plan. This designation specifically permits single detached dwellings. Zoning The subject properties are zoned “Detached Third Density Residential (R3)” in Zoning By- law 6000-17, as amended, which permits single detached dwellings. Page 43 of 101 May 11, 2023 3 of 7 Report No. C-2023-02 Preliminary Zoning Review The applicant has completed a Preliminary Zoning Review (PZR) with the Town’s Building Division, prior to submitting the consent application. The PZR has confirmed necessary compliance for the consent application, and identified a minor variance for the setback of the existing pool shed on the proposed retained lands (MV-2023-14). Planning Comments Based on a review of the Planning Act criteria, staff have no concern with the proposed consent application to create a new lot as proposed. The dimension and shape of the proposed lots: The proposed retained and severed lands will meet the Zoning By-law requirements as it relates to lot area and lot frontage. The proposed retained and severed lands is similar size and shape as the other lots on Cranberry Lane. Conformity with the Official Plan: Planning staff are of the opinion that the proposed lot severance to create a new lot conforms to the Official Plan, as it allows for the effective use of the land while accommodating an appropriate and accessible lot fabric as part of the overall neighbourhood. Matters of Provincial Interest: Additionally, staff are satisfied that the proposed consent application is consistent with the Provincial Policy Statement, as it uses otherwise under-utilized land in creating housing opportunity in line with the applicable provincial Plans and policies. Suitability of the land for the purpose in which it is to be subdivided The Town’s Engineering Staff confirms that municipal services are available to accommodate the new lot, with the applicant to be responsible for all fees and associated materials required. The is room along to street frontage on the proposed severed lot to anticipate for a new driveway access. The Town’s Park staff has no concerns with the proposed severance but notes there are existing mature trees located on the proposed severed lands. As a condition of approval Page 44 of 101 May 11, 2023 4 of 7 Report No. C-2023-02 for this consent application, Park Staff will require an arborist report to detail to health and size of the existing vegetation in order to determine the appropriate tree protection and or compensation measures. Park Staff notes that no tree cutting is permitted unless is permitted as per the Town’s Tree By-law. Conditions of Approval Amongst other conditions listed in Appendix ‘A’, staff would like to note that cash in lieu of parkland and development charges are applicable as part of the creation of a new lot. Additional Comments The consent application was circulated to Town Departments/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 with no other non-compliance identified Engineering Division No comments on the proposed severance. Operational Services (Parks) There are mature trees on the property boundary/adjacent that may be impacted. See appropriate conditions included in Appendix A. Operations (Public Works) No objections. Central York Fire Services No objections. York Region No objections. LSRCA Not commenting on application as it is located outside the area governed by O. Reg. 179/06 under the Conservation Authorities Act. 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 45 of 101 May 11, 2023 5 of 7 Report No. C-2023-02 Conclusion Staff have reviewed the application with respect to the Section 51(24) of the Planning Act, R.S.O, 1990, c.P.13, as amended, the Provincial Policy Statement, Provincial Plans and the Town’s Official Plan and are satisfied with the proposed consent application. Based on the aforementioned, Staff have no objection to the approval of Consent application File No. C-2023-02 subject to the conditions attached (Appendix ‘B’) Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ –Proposed Severance Plan Page 46 of 101 May 11, 2023 6 of 7 Report No. C-2023-02 Appendix ‘A’ – Recommended Conditions of Approval The following conditions related to C-2023-02 shall be fulfilled within two (2) years of the date that notice of the decision was given under Section 50(17) or 50(24) of the Planning Act R.S.O. 1990, c.P.13: 1. A written confirmation that there are no outstanding payment of property taxes owing to date for the subject property to the satisfaction of the Secretary Treasurer of the Committee of Adjustment; 2. A written confirmation that the Owner has submitted the amount of $238.00 to the Town’s Legal department to the satisfaction of the Secretary Treasurer of the Committee of Adjustment; 3. That the Owner to provide the Secretary-Treasurer of Committee of Adjustment a total of four (4) white prints of a deposited Reference Plan, for review showing the subject lands, which conforms substantially to the approved consent application (Appendix B). One copy of the deposited reference plan must be submitted to the Town prior to the issuance of the Certificate of Official. Please note, if the transaction in respect of which the consent was given is not carried out within the two-year period following issuance of the Certificate of Official, the consent effectively will lapse [Planning Act, R.S.O. 1990, c.P.13, as amended, s. 53 (43)]; 4. That the Owner to provide the Secretary-Treasurer of Committee of Adjustment the required draft transfers to effect the severance applied for under Files C-2023-02 in duplicate, conveying the subject lands, and issuance by the Secretary Treasurer of Committee of Adjustment of the certificate required under subsection 53(42) of the Planning Act. Subsection 50 (3 or 5) of the Planning Act, R.S.O 1990, as amended, applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent. 5. 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 to the satisfaction of the Town’s Parks Division. 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 Page 47 of 101 May 11, 2023 7 of 7 Report No. C-2023-02 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. 6. That 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. 7. 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. 8. 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 Parks Division. 9. That the Owner enters into of a Letter of Undertaking to acknowledge the understanding that the Owner will be required to pay cash in lieu of Parkland, development charges, municipal servicing connections and other fees required as per the Town’s Fees and Charges By-law to the satisfaction of the Planning and Development Services. Page 48 of 101 Page 49 of 101 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -16 _______________________________________________________________________________________ Subject: Minor Variance Application Sobhi 14 Corbett Drive Plan 514 Lot 56 MV-2023-14 Prepared by: Rosanna Punit, Planner Department: Planning and Development Services Date: May 11, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate a second storey addition. A conceptual site plan and elevations are attached as Appendix ‘B’ to this report. The following relief is being requested: a) Section 24.497.3.2 of the Zoning By-law requires a minimum interior yard setback of 3.0 metres beyond the main rear wall of the adjacent dwelling. The applicant is proposing a second storey addition, which is 1.9 metres to the interior property line, thereby requiring a variance of 1.1 metres. Background Subject Property and Area Context The subject lands are municipally known as 14 Corbett Crescent and are generally located north of Murray Drive on the south side of Corbett Crescent. The subject property has a lot area of approximately 660 m2 (7,200 ft2) and a lot frontage of approximately 15.24 metres (50 feet). The subject lands contain a one storey dwelling with an attached garage, with an approximate gross floor area of 100 m2 (1,053.4 ft2). The surrounding neighbourhood is generally characterized by one and two storey dwellings, with other Page 50 of 101 May 11, 2023 2 of 6 Report No. MV-2023-16 examples of infill development and additions to properties have already occurred on the street. Proposal The applicant is proposing to build a second storey addition and attic area to the existing dwelling. The proposed addition will have an approximate gross floor area of 144.9 m2 (1,561 ft2), which would result in a total gross floor area of approximately 245 m2 (2,637 ft2) when combined with the existing dwelling. The current one storey dwelling is approximately 0.72m (2.4 feet), beyond the rear wall of 12 Corbett Crescent (with 1.9m of interior sideyard setback). The original dwelling was constructed prior to the implementation of the Town’s current Zoning By-law in 2017. Official Plan The subject property is designated “Stable Neighbourhoods” by the Town of Aurora’s Official Plan. This designation provides for single detached dwellings as a permitted use. Zoning The subject property is zoned “R3-SN (497)” (Detached Third Density Residential Exception 497 Zone) by Zoning By-law 6000-17, as amended, which permits single detached dwellings. Preliminary Zoning Review A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s Building Division. The PZR identified the required variance and no other non-compliance was identified. Applicant’s stated reason(s) for not complying with the Zoning By-law As stated on the application form, “the existing building already has encroached beyond the adjacent building rear wall of 0.72m. Proposed second floor addition, attic space, and roof loads designed to bear on existing footing and foundation wall. If the design complies with the zoning law, a new foundation post and beams are needed to hold the new point load, and this will affect the living area on the main floor and the existing washroom in the basement.” Page 51 of 101 May 11, 2023 3 of 6 Report No. MV-2023-16 Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-16 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 and purpose of the Official Plan The intent of the Stable Neighbourhoods Official Plan designation is to ensure that residential neighbourhoods are protected from incompatible forms of development, while allowing the neighbourhoods to be enhanced over time. The surrounding neighbourhood is generally characterized by one and two storey dwellings, with instances of infill development. The requested variance specifically only pertains to the interior side yard setback, with the proposed 2nd storey addition not resulting in the overdevelopment of the lot or any other negative impacts to adjacent properties. Overall, the street has been subject to instances of infill development that are two storeys, which this proposal would be consistent with. Staff are of the opinion that the 2nd storey addition is sympathetic to the existing neighbourhood character, and generally in keeping with the low-density residential form and character of the neighbourhood. Staff are of the opinion that the requested variance meets 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 the interior side yard setback beyond the main rear wall of the adjacent dwelling provision is to maintain a level of openness in the rear and side yard to maximize the level of privacy between neighbours. The proposed side yard setback of 1.9m (6.2 ft) is within the range of existing side yards setbacks on Corbett Drive. A side yard setback of 1.9m provides ample room for privacy. Currently, the existing main rear wall of the dwelling is situated 0.72m behind the adjacent dwelling. The zoning by-law only requires 1.5m side yard setback if the proposed dwelling does not extend pass the neighbouring dwelling. Given that the proposed main rear wall of the 2nd storey will only extend pass the adjacent dwelling by 0.72m, Staff are of the opinion that the proposed interior side yard setback of 1.9m will not have any adverse impact to the level of privacy for the abutting property. Page 52 of 101 May 11, 2023 4 of 6 Report No. MV-2023-16 In addition, this provision also helps to prevent the development of an oversized dwellings on the lot. Given the lot coverage and height conforms with the Zoning By-law, the proposed variance will not result in an overside dwelling on this lot. Staff is satisfied that the proposed variance have met the intent and purposes of the Zoning By-law. c) The proposed variance is considered desirable for the appropriate development of the land The minor variance requested has been considered in the context of the site itself and neighbourhood. The surrounding area is currently a neighbourhood in transition with instances of new infill dwellings that are two storeys in size. The requested variance for an interior side yard setback beyond the main rear wall of the adjacent dwelling will facilitate a second storey addition that maintains existing setbacks on the property and is not anticipated to have negative impacts on the streetscape. To ensure the mature vegetation on the property is protected, conditions of approval have also been recommended by staff. Staff are of the opinion that the variance is desirable for the appropriate development of the land. c) The proposed variance is considered minor in nature The proposed dwelling is considered moderate in scale and the requested variance is not anticipated to result in any negative impacts to surrounding properties or the neighbourhood. The requested variance is ultimately the result of an existing non- compliant condition of the dwelling. Staff are of the opinion that the proposed 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 with no other non-compliance identified. Engineering Division No objections. Page 53 of 101 May 11, 2023 5 of 6 Report No. MV-2023-16 Department or Agency Comments Operational Services (Parks) Condition has been included to have trees protected during construction. Operational Services (Public Works) No objections. Central York Fire Services No comments received at the time of writing this report. York Region No objections. LSRCA No objections. 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 of the Planning Act for granting of minor variances. Staff recommend approval of the requested variance subject to the conditions outlined in Appendix ‘A’. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan and Elevations Page 54 of 101 May 11, 2023 6 of 6 Report No. MV-2023-16 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-16 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property in substantial conformity with the plan attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of Planning and Development Services or designate. 2. That the owner be required to provide Tree Protection Fencing as per the standards and details set out by the Towns Landscape Standards , to the satisfaction of the Director of Operations or designate. All trees shall remain protected for the duration of the project. Page 55 of 101 14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com14 CORBETT CRESCENTAURORA ONTARIOAPPLICATION FOR SITE PLAN APPROVALFRONT FACA'EJET BLACKSTONE WHITECOLOR PALETTE:PR20230368Feb. 13, 2023TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWMelissa BozaninAPPROVED BY:Page 56 of 101 AURORA ONTARIO14 CORBETT CRESCENTSITE AREA:GROSS FLOOR AREA:ZONING DESIGNATION SECOND FLOORN/A1043SF[96.90m2]GROUND FLOOR1053.40SF[100m2] 1077.40SF[100.1m2]PROPOSED LOT COVERAGEFOOT PRINT AREA ` 1433.50 SF[133.0m2]20%EXISTINGSTATISTICSTOTAL G.F.A. 2745SF[255m2]A1001PORCH AND WALK WAYDRIVE WAY:954.50SF[88.70m2] 954.50SF[88.70m2]FRONT YARD AREA:708.40SF[65.80m2]7181.50SF[667m2] TOTALEXISTINGPROPOSED19.8%PROPOSED NEW ADDITION TO EXISTING HOUSEFLOOR INDEX: N/ASOFT LANDSCAPE1311.70SF[121.90M2]128.80SF[12m2]RA10014 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.comCOVER SHEET14 CORBETT CRESCENTAURORA ONTARIOAPPLICATION FOR SITE PLAN APPROVALLIST OF DRAWINGSA100 COVER SHEETA102 EXISTING SITE PLANA103 PROPOSED SITE PLANA104 EXISTING BASEMENT PLANA105 PROPOSED FIRST FLOOR PLANA106 PROPOSED SECOND FLOOR PLANA107 PROPOSED ATTIC SPACEA108 PROPOSED ROOF PLANA201 PROPOSED FRONT ELEVATIONA202 PROPOSED REAR ELEVATIONA203 PROPOSED EAST ELEVATIONA204 PROPOSED WEST ELEVATIONA301 SECTION A-AKEY PLANA1002PROPOSEDATTICN/A518SF[48.0m2]BASEMENT:` 1433.50 SF[133.0m2]Page 57 of 101 A101SPECIFICATION14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.comPage 58 of 101 E;ISTIN*1 STORE< BRIC.BUIL'IN*E;ISTIN**ARA*EA102EXISTING SITE PLAN14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com1/16"=1'-0"Existing Site Plan1Page 59 of 101 PROPOSE' STORE< :OO'CLA''IN*BUIL'IN*E;ISTIN**ARA*ETP=TP=TP=TP=A103PROPOSED SITE PLAN14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com1/16"=1'-0"Proposed Site Plan1Page 60 of 101 A104EXISTING BASEMENTPLAN14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Existing Basement Plan1Page 61 of 101 A105EXISTING FIRST FLOOR PLAN14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Existing First Floor Plan1Page 62 of 101 A106PROPOSED FIRST FLOORPLAN14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Proposed First Floor Plan1Page 63 of 101 W/D A107PROPOSED SECOND FLOORPLAN14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Proposed Second Floor Plan1Page 64 of 101 A108PROPOSED ATTIC FLOORPLAN14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Proposed Attic Floor Plan1Page 65 of 101 A109PROPOSED ROOF PLAN14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Proposed Roof Plan1Page 66 of 101 A201EXISTING FRONT ELEVATION14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Existing Front Elevation1Page 67 of 101 A201.1PROPOSED FRONT ELEVATION14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Proposed Front Elevation1Page 68 of 101 A202PROPOSED REAR ELEVATION14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Proposed Rear Elevation1Page 69 of 101 A203PROPOSED EAST ELEVATION14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Proposed East Elevation1Page 70 of 101 A204PROPOSED SOUTH ELEVATION14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Proposed West Elevation1Page 71 of 101 14A204PROPOSED SOUTH ELEVATION14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.comSTREET ESCAPEPRODUCED BY AN AUTODESK STUDENT VERSIONPage 72 of 101 A301SECTION A-A14 CORBETT CRESCENTAURORA ONTARIODrawing No.Drawn by:Scale:Date:File No.Checked by:ProjectDrawing TitleNo. Revision DateNo. Issued For DatecThe Designer is not responsible for theaccuracy of survey, structural, mechanical,electrical, etc. engineering information shown onthe drawing. Refer to the appropriateengineering drawings before proceeding withwork.Contractor shall check all dimensions on thework and report any discrepancies to thedesigner before proceeding. Construction mustconform to all applicable Codes, Requirementsand By-laws of Authorities having jurisdiction.This drawing is not to be scaled.This drawing is not to be used for Constructionunless signed by the Designer.Issued for Construction:Signature: ___________________________Date: _________________________M Con Design Build inc.THE UNDERSIGNED HAS REVIEWED AND TAKES RESPONSIBILITYFOR THE DESIGN, AND HAS THE QUALIFICATIONS AND MEET THEREQUIREMENTS SET OUT IN O.B.C TO BE A DESIGNER.QUALIFICATION INFORMATION REQUIRED UNLESS DESIGN ISEXEMPT UNDER DIVISION C-3.2.5.1. OF 2006 O.B.C (OR 2.17.5.1. THE1997 O.B.C). AHMADREZA ZADRAD BCIN : 41887 FIRM BCIN : 47215M CON DESIGN BUILD INC.27 BROOMLANDS DR MAPLE ONT:6479471033 C:6478682684 EMAIL:ar@mcondesignbuild.com3/16"=1'-0"Section A-A1Page 73 of 101 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -17 _______________________________________________________________________________________ Subject: Minor Variance Application Panet 60 Fleury Street Plan 116, Part Lots 1, 2, 3 and 7 File: MV-2023-17 Related Application: HPA-2023-01 Prepared by: Adam Robb, MPL, MCIP, RPP, CAHP, Senior Planner Department: Planning and Development Services Date: May 11, 2023 _______________________________________________________________________________________ Application The owner is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate the construction of a new single detached dwelling. The following relief is being requested: a) Section 7.2 of the Zoning By-law requires a minimum interior side yard setback of 1.5 metres. The applicant is proposing a detached dwelling, which is 1.2 metres to the interior side property line, thereby requiring a variance of 0.3 metres. Background Subject Property and Area Context The subject property is located on the west side of Fleury Street, between Maple Street to the north and Catherine Avenue to the south. The parcel has an approximate lot area of 680 m2 (0.16 acres), and a frontage along Fleury Street of 15 metres (50 feet). The property contains an existing detached residential dwelling as well as a detached accessory garage along the southern boundary. 60 Fleury Street is designated under Part V of the Ontario Heritage Act as part of the Town’s Northeast Old Aurora Heritage Conservation District area. In January of 2022, a fire occurred on the property, with the home sustaining structural damage and elevated levels of combustion by-product particulate (smoke/soot) throughout. Page 74 of 101 May 11, 2023 2 of 7 Report No. MV-2023-17 Proposal Being located within the Northeast Old Aurora Heritage Conservation District, t he owner was required to receive Council approval for the demolition of the existing fire-damaged structure on the property, as well as approval for the design of the proposed new build. Both of these approvals were granted by Council through Heritage Permit Application HPA-2023-01 in March of 2023. The proposed variance is largely a result of accommodating the existing setback of the original structure, as well as an expansion to the building footprint at the rear of the property. No changes are occurring to the Council approved style or architectural design of the proposed building, and all heritage approvals for the demolition and replacement of the existing structure have been received by the owner. Official Plan The property is designated as “Stable Neighbourhoods” in the Town’s Official Plan. Detached residential dwellings are permitted under this designation. Zoning The property is zoned as “Special Mixed Density Residential R7” in the Town of Aurora Comprehensive Zoning By-law 6000-17. Detached residential dwellings are permitted under this zoning. Related Planning Applications As previously described, the subject property received Heritage Permit Application approval from Council in March 2023 for the demolition of the existing fire-damaged structure as well as the overall design for the new build (HPA-2023-01). Heritage Permit approval was required by Council since the property is located within the Northeast Old Aurora Heritage Conservation District. The subject variance does not impact or alter the approved designs as granted by Council. 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. Page 75 of 101 May 11, 2023 3 of 7 Report No. MV-2023-17 Applicant’s stated reason(s) for not complying with the Zoning By-law As stated on the application form, “The first crossover is the same minor variance the existing house has. The second crossover is at the rear of the dwelling on the north side to accommodate a minor expansion of the footprint. Due to a fire in the existing structure, the house is being demolished. We will need to repeat the minor variance as previously permitted and a minor extension to the previous footprint will cause the back corner to encroach on the setback line”. Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-17 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: a) The proposed variance meets the general intent of the Official Plan The intent of the “Stable Neighbourhoods” designation is to protect residential neighbourhoods from large scale, incompatible forms of development. This designation also recognizes that areas are permitted to evolve and be enhanced over time. The proposal is replacing the existing fire-damaged structure with a new, compatible dwelling that has received Council design approval. The proposal respects the existing height, front yard setbacks, and massing of the original structure, and additional design consideration was also had in terms of the preservation of the detached and recessed accessory garage, and the utilization of Edwardian “four square” architectural styling for the new build. It is staff’s opinion that the proposed variance is also not anticipated to result in any negative impacts on the character of the area or streetscape. The requested variance is largely the result of an existing side yard condition, and accommodating the additional setback further at the rear of the northern boundary will not result in any disturbances to the streetscape, where there is still a 2.19 metre setback to the front corner of the building closest to the street edge. This variance at the rear is largely due to a continuation of the northern wall face trajectory from the existing side yard condition, wherein the property boundary to the north is also slightly angled relative to the orientation of the existing building, which results in this variance. With Council design approval also already being received, there are no heritage concerns with the subject variance as it does not impact the approved design and it is in line with the overall requirements of the Northeast Old Aurora Heritage Conservation District. The owner has also confirmed that there will be no impacts to the mature trees on the property and surrounding area, which will be able to provide additional buffering and Page 76 of 101 May 11, 2023 4 of 7 Report No. MV-2023-17 screening. Appropriate conditions of approval have been included to ensure the protection of these trees during the construction period. Staff are of the opinion that the requested variance will have no negative impacts and that the general intent of the Official Plan is met. b) The proposed variance meets the general intent of the Zoning By-law The intent of the interior side yard setback provision of the “Special Mixed Density Residential R7” zone is to ensure that appropriate and adequate spacing between buildings is provided for privacy, landscaping, access, and drainage. The requested variance only applies to the northern lot boundary of the property, and there is ample space remaining to the property line as well as separation to the neighbouring dwelling at the north. The requested variance only applies at the rear portion of the property, as the front corner of the building that meets the main face of the dwelling at the street edge will still maintain an ample 2.19 metre setback, which exceeds the requirements of the Town’s Zoning By-law. The requested variance is largely the result of an existing condition of the original build as well as the additional rear area that maintains the same orientation of the building on the lot, relative to the slightly angled property boundary. The requested variance to 1.2 metres also accounts for rear deck space at the furthest rear portion of the building area, whereas 1.34 metres is maintained to the foundation edge. Adequate separation still exists to the property boundary and dwelling to the north such that there will be no negative impacts. 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 Approval for the demolition of the existing fire-damaged structure and replacement design of the new build has already been granted by Council. The proposed variance is considered desirable as it will allow the owner and their family to replace the currently vacant and fenced fire-damaged building that has structural damage and combustion by- product particulate with an approved new build design. The proposal respects the existing height, front yard setbacks, and southern interior side yard setback provisions, while also being designed in a high quality manner u sing high quality materials. The requested variance is largely the result of existing conditions that are present on-site and the reduced setbacks are located at the rear of the property such that there will be no negative impacts to the streetscape. Further, the requested variance does not alter or impact the design as was approved by Council. Page 77 of 101 May 11, 2023 5 of 7 Report No. MV-2023-17 Staff are of the opinion that the requested variance is desirable for the appropriate development of the lands. d) The proposed variance is considered minor in nature The requested variance is only in regards to a minor deviation for the northern interior side yard setback. Heritage Permit Approval for the demolition and replacement design has already been granted by Council and any potential concerns with that heritage approval or the approved overall design are ultimately unrelated to this requested variance. There are no negative impacts that are anticipated with the requested variance. Ample separation between buildings and side yard space still exists for maintaining privacy, maneuverability, and accessibility. The requested variance also applies to the rear of the dwelling such that no discernable impacts will be had on the streetscape. 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 with no other non-compliance identified Engineering Division No objections Operational Services (Parks) No objections Operational Services (Public Works) No objections. Applicant will require an approved Road Occupancy Permit, and a Site Service Plan will need to be submitted for review if the Applicant wishes to install new service connections for water, sanitary, and storm. Appropriate fees apply. Central York Fire Services No objections York Region No objections LSRCA No objections Public Correspondence Page 78 of 101 May 11, 2023 6 of 7 Report No. MV-2023-17 Written submissions were not received at the time of writing of this report. Should any written submissions be received after the writing of this report, the Secretary Treasurer will provide the submission(s) to Committee members at the meeting. Conclusion Planning staff have reviewed the application with respect to the Section 45 (1) of the Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested variance does meet the four tests of the Planning Act for the granting of minor variances. Staff recommend approval of the requested variance subject to the conditions outlined in Appendix ‘A’. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan and Drawings Page 79 of 101 May 11, 2023 7 of 7 Report No. MV-2023-17 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-17 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property, in subst antial conformity with the plan(s) attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of Planning and Development Services or designate. 2. That the owner be required to provide Tree Protection Fencing as per the standards and details set out by the Towns Landscape Standards. All trees shall remain protected for the duration of the project. Page 80 of 101 DNDWREFFRZDNDNUP17' - 2"13' - 0"2' - 0"7' - 8"4 1/2"7' - 3 1/2"6 1/2"12' - 5 1/2"6 1/2"18' - 0"6 1/2"16' - 11"6 1/2"17' - 7"4 1/2"6' - 1"4 1/2"8' - 8"+/- 6' - 3 1/4"5' - 1"11' - 4"1' - 8"13' - 10"FamilyRoomKitchenPantryDiningStudyFoyerMain Hall(12'-0" Ceiling)3' - 6"2' - 0"14' - 6"15' - 7"12' - 6"2' - 0"4' - 0"5' - 10 3/4"25' - 2 1/4"6' - 7 1/2"Wine/Coffee barBench w/ HooksMudRoom25' - 0"Bench w/ Hooks6 1/2"2' - 1"10' - 0"3' - 6"2' - 0"5' - 8"5' - 8"3' - 9"4' - 5 1/2"4' - 3"Full Height StorageFull Height Storage3 ' - 11 1 /2 "1 1 5 /8" 6 3 /8 "4 ' - 4 5 /8 "16' - 11"4' - 0"4' - 0"3' - 8"7' - 6"4 1/2"17' - 1 1/2"13' - 2"10'-6" 3 -panel slider18' - 0"9' - 0"9' - 0"5' - 6"7' - 0"5' - 6"6' - 0"5' - 4"3' - 6"3' - 1 1/2"5' - 10"3' - 6 1/2"5' - 0"4 1/2"9' - 11 1/2"8' - 1"9' - 0 1/2"36' - 8"3' - 1"#602 1/2 STOREYBRICK DWELLINGDOOR SILL=266.591 STOREYCONCRETE & WOODENADDITIONDECKDECKDECKPILLARPILLARPILLARPILLAR7.99(PL1&M)(PL1&MEAS)1.59(PL1&M)1.351.688.03(PL1&MEAS)4.12(PL1&MEAS)4.65(PL1&M)CRWCRWSTEPSSTEPSSTEPSINTERLOCKING0.12N0.10SCONCRETE PADON LINEBF0.39NBF0.23W0.41SCLF0.37W0.55WCLF0.40WBF0.13EBF0.13N0.55NBFUPUPTELPEDBOLBOLGMGMBOLBOLC.POHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOH OHOHOHOHOHOHOHOHOHOHOHOHOHOHOHOHVINYL CLAD GARAGEGARAGE SILL=265.56# 562 1/2 STOREYBRICK DWELLINGDOOR SILL=266.73WOOD SHEDWOOD SHEDPORCH#642 1/2 STOREYBRICK DWELLINGDOOR SILL=266.23PILLARWOODSHED8.02(MEAS)7.99(PL1)4.72(PL1&M)5.15(PL1&M)1.43(PL1&M)1.58(PL1&SET)0.81N1.39N0.73S1.03S1.18S1.861.91S(PL1&SET)2.40(PL1&M)7.92(PL1&M)7.87(PL2&MEAS)CRWCRWBOARD FENCEBOARD FENCECHAIN LINK FENCEBOARD FENCEPILLAR7.960.90NCRWSHED0.90NCRWAPPROXIMATE CENTERLINE OF ROADGATE 0.06NXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXINTERLOCKING WALKWAYASPHALT DRIVEWAYASPHALT DRIVEWAYASPHALT DRIVEWAYASPHALT DRIVEWAY 0.4NIWWIWWIWWIWWIWWIWWIWWIWWIWWINTERLOCK PAVERSIWWIWWIWWGRAVEL0.4NASPHALT WALKWAYASPHALT WALKWAY0.40∅0.25∅0.15∅0.25∅0.50∅0.30∅0.20∅0.20∅0.20∅0.15∅0.20∅0.15∅0.25∅0.35∅0.60∅0.25∅DRIPLINEDRIPLINEBOTTOM OF SLOPETOP OF SLOPE265.54265.39265.45265.63265.55265.70265.82265.72265.79265.82265.85265.79265.93266.00265.86265.93266.05265.88265.91265.90265.90265.95265.87265.88265.88265.89265.80265.81265.80265.80265.80265.90265.93265.79265.78265.77265.71265.62265.58265.66265.66265.98265.73265.72265.60265.45265.34265.41265.56265.64265.82265.35265.32265.35265.34265.37265.44265.48265.49265.44265.39265.37265.36265.35265.34265.36265.30265.28265.32265.36265.29265.39265.26265.28265.41265.66266.65266.65266.64266.64266.03265.99265.91265.93265.93265.96265.93265.93265.93265.94265.96266.02266.03266.12266.12266.12265.96265.93265.91265.99266.15266.15266.19266.10266.09266.16266.10266.02266.06265.99266.03266.10266.11266.10266.11266.11266.51266.50266.50266.48265.43265.42265.34264.99264.89264.67265.88265.85265.82265.82265.87265.89265.92266.10266.11266.30266.30266.49266.49266.48266.49265.77266.00266.01265.85265.85265.87265.60265.67265.61265.78265.93265.77265.84265.85265.83265.81265.82265.89265.94265.94265.86265.86265.93265.93265.88265.82265.78265.90265.93265.50265.50265.65265.61265.51265.48265.44265.39265.44265.48265.56265.66265.61265.61265.65265.83265.90265.71265.75265.90265.90265.91265.89265.91265.88265.81265.79265.45265.38265.52265.63265.36265.18265.27265.32265.33265.31265.37265.39265.31265.28265.30265.29265.32265.41265.43265.69265.64265.61265.64265.82265.80265.81265.87266.04266.02265.99266.01266.33266.34266.51266.51266.69266.69266.15266.24266.16265.38265.38265.62265.46265.39265.08265.19265.39265.24265.37265.25265.01264.93264.89265.06265.11265.21265.03264.87264.84265.43265.30265.04264.79264.98265.84265.81265.54265.90266.05266.01265.86265.240.02W PL1&MEASRIB(L&P)(WIT)N6°10'00"W(REFERENCE BEARING)31.68(CALC FROM PL1&MEAS)15.26(PL1&SET)15.24(D)14.87(PL2,D1&M)N80°15'10"E44.46N80°14'10"E(PL1)(MEAS)(PL1,D&SET)N6°16'30"W15.10N7°33'00"W(PL1)(MEAS)(PL1&MEAS)15.24(D)N80°01'55"E44.49N80°02'45"E(PL1)(MEAS)44.84(PL1)(MEAS)44.47(CALC FROM D)L O T 1LOT 7LOT 8LOT 7LOT 9P.I.N. 03638-0124P.I.N. 03638-0125P.I.N. 03638-0126L O T 2L O T 3CPFLEURY STREET(BY REGISTERED PLAN 116)P.I.N. 03639-0002P.I.N. 03638-0112P.I.N. 03638-0111P.I.N. 03638-0113N76°30'10"EN76°29'00"E(PL,PL1)(MEAS)IP(OU)28.91 CALC FROM PL1&MEASN6°10'00"W(D,PL,PL3)N79°05'00"E(D)N79°05'00"E(D)SOUTHEAST ANGLELOT 31.22(D)LOT LINELOT LINELOT LINELot Area: 7,250 sq.ft.Max Lot Coverage (35%): 2,537 sq.ft.Garage Area: 619 sq.ft.Remaining:1,918 sq.ft.Existing House Area:1,397 sq.ft.New House:1,850 sq.ft.Remaing Space: 68 sq.ft.1 .2 1 m 1 .3 4 m 2 .1 9 m 2 .9 8 m5.39 m5.44 m7.69 m4 .76 m 9 .8 7 m 14.65 m14.61 mProposed Rebuild FootprintDate Printed:File Path :Preliminary Design30-Mar-2023 1:24:38 PMF:\23-18 - Panet\23-18 - Panet - Prelim 7.rvtSite Plan & First Floor PlanNew ConstructionPanet Residence1/4" = 1'-0"A1.21First Floor - Plan1/16" = 1'-0"A1.22Site - PlanA1.233D View 1A1.243D View 2PR20230515Apr. 3, 2023TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAshley VanderwalAPPROVED BY:Page 81 of 101 UPDWUPDNDN18' - 0"3' - 8"4 1/2"3' - 0"4 1/2"7' - 1"50' - 6 1/2"PrimaryBedroom4 1/2"11' - 1 1/2"12' - 11 1/2"4 1/2"2' - 0"3' - 6"10' - 7 1/2"4 1/2"2' - 0"4 1/2"3' - 0"4 1/2"2' - 11 1/2"4 1/2"2' - 0"4 1/2"10' - 7 1/2"12' - 7 1/2"8' - 9"4 1/2"3' - 6"6' - 3"4 1/2"6' - 0"9' - 8 1/2"4 1/2"6 1/2"5' - 5 1/2"18' - 0"6 1/2"10' - 4 1/2"4 1/2"6' - 2"3' - 6"4 1/2"6' - 6"10' - 5 1/2"11' - 3 1/2"3' - 6"4 1/2"7' - 3"Bedroom#3Bedroom#3 ClosetPrivateBathroomSharedWashroomBedroom#4Bedroom#4 ClosetBedroom#2 ClosetBedroom#2LaundryRoomUpperHallStairBedroom#2ShowerPrimaryHallPrimaryEnsuitePrimaryShowerHerClosetBenchHis Closets15' - 4"3' - 8"7' - 6"3' - 9"3' - 9"3' - 5"4 1/2"7' - 6"1' - 11 1/2"4' - 7"1' - 11 1/2"7'-0" Clearance5'-0" Clearance7'-0" Clearance5'-0" Clearance5'-0" Clearance7'-0" Clearance5'-0" Clearance7'-0" Clearance5'-0" Clearance7'-0" Clearance5'-0" Clearance7'-0" ClearanceArea shown shaded defines extent of 7'-0" ceiling4 1/2"5' - 0"4 1/2"10' - 8"GuestBedroomGuestClosetUpperWashroom7' - 8"1' - 11 1/2"3' - 9"1' - 11 1/2"5' - 4 1/4"4 1/2"10' - 7 1/2"3' - 6"StorageAttic10' - 1"14' - 11"10' - 1"Shower8' - 6"12' - 2"7' - 2"6' - 5"7'-0" Clearance5'-0" Clearance10' - 1"7' - 6"7' - 5"10' - 1"3' - 9"3' - 9"3' - 1"First Floor266.59Second Floor269.62Garage Slab265.56Top of Roof275.56Attic Floor272.34Master Bedroom Floor270.53Front Sidewalk265.9010 mFirst Floor266.59Second Floor269.62Garage Slab265.56Top of Roof275.56Attic Floor272.34Master Bedroom Floor270.53Front Sidewalk265.90Date Printed:File Path :Preliminary Design30-Mar-2023 1:25:10 PMF:\23-18 - Panet\23-18 - Panet - Prelim 7.rvtSecond Floor Plan & Attic PlanNew ConstructionPanet Residence1/4" = 1'-0"A1.31Second Floor - Plan1/4" = 1'-0"A1.32Attic Floor1/8" = 1'-0"A1.33East Elevation1/8" = 1'-0"A1.34South ElevationPR20230515Apr. 3, 2023TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAshley VanderwalAPPROVED BY:Page 82 of 101 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -19 _______________________________________________________________________________________ Subject: Minor Variance Application Lisi 151 Dawlish Avenue Plan 65M2805, Lot 141 File: MV-2023-19 Prepared by: Kenny Ng, Planner Department: Planning and Development Services Date: May 11, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to permit a garage extension with a gross floor area of 5.49 square metres (59.09 square feet). A conceptual site plan and elevations are attached as Appendix ‘B’ to this report. The following relief is being requested: a) Section 24.31.1.2 of the Zoning By-law requires a minimum Front Yard setback of 6.0 metres. The applicant is proposing a garage extension, which is 5.1 metres to the front property line, thereby requiring a variance of 0.9 metres. Background Subject Property and Area Context The subject lands are municipally known as 151 Dawlish Avenue and are located on the south side of Dawlish Avenue, east of Bathurst Street. The subject lands have an approximate lot area of 325.71 square metres (3,505.91 square feet), and an approximate lot frontage of 10.9 metres (117.33 feet). The subject lands currently contain a two-storey single-detached dwelling with an approximate gross floor area of 159.42 square metres (1,716 square feet). The surrounding neighbourhood is residential and generally characterized by one and two storey dwellings. Page 83 of 101 May 11, 2023 2 of 6 Report No. MV-2023-19 Proposal The applicant is proposing to expand the existing garage by extending approximately one metre into the front yard. The proposed addition will have a gross floor area of 5.49 square metres (59.09 square feet), which would result in a total gross floor area of 164.91 square metres (1,775.08 square feet) when combined with the existing dwelling. Official Plan The subject property is designated “Stable Neighbourhoods” by the Town of Aurora’s Official Plan. The Stable Neighbourhoods designation provides for detached dwellings as a permitted use. Zoning The subject property is zoned “Detached Fourth Density Residential – R4(31) Exception 31 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, “Garage extension is required to accommodate pickup truck to prevent repeated theft of vehicle”. Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-19 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: a) The proposed variance meets the general intent of the Official Plan The intent of the “Stable Neighbourhoods” designation is to ensure that mature neighbourhoods are protected from incompatible forms of development, while also permitted to evolve and be enhanced over time. New development shall be sympathetic to the form and character of existing development with regards to building scale and urban design. Page 84 of 101 May 11, 2023 3 of 6 Report No. MV-2023-19 It is Planning Staff’s opinion that the proposed variance is not anticipated to result in any significant negative impacts on the character and streetscape of the existing residential neighbourhood. The neighbourhood is characterized by generally one and two-storey dwellings, which this proposal aligns with, and soft landscaping exist on the front and side yard. The proposed garage extension will continue to employ the existing material and design to avoid any incompatibility with the dwelling or surrounding area. Although slightly shortened by the proposed variance, the driveway is still able to continue to provide adequate spacing for parked vehicles. Furthermore, there is no sidewalk in front of the subject lands, which minimizes direct public exposure to the projected garage. Adequate front yard space remains on the property to allow for soft landscaping and the vegetated area remains unaffected by the proposal. Although the proposed garage will extend slightly into the required front yard, this configuration of an extended garage commonly occurs throughout the neighbourhood within the vicinity. The proposed garage extension is generally in keeping with the surrounding context and character of the neighbourhood, and as such, staff are of the opinion that the proposed 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 that there is adequate separation between private property and the public realm, and to maintain the overall streetscape and provide adequate front yard area for landscaping and privacy. The encroachment resulted by the proposed garage extension is not too egregious that it would cause significant disruption to the public realm and create an undesirable streetscape. Adequate space remains for user’s maneuverability, impacts are also mitigated by no sidewalk being present. It is staff’s opinion that the variance will not adversely effect the streetscape. staff are of the opinion that the requested variance is in keeping with the intent of the Zoning By-law. c) The proposed variance is considered desirable for the appropriate development of the land The minor variance requested has been considered in the context of the site and the adjacent neighbourhood. Staff are of the opinion that the proposed variance for front yard setback is desirable as the proposed built form and overall character of the garage extension will continue to be in keeping with other surrounding properties located within the residential neighbourhood. The overall increase to the garage projection is minimal, and the visual obstruction resulting from the extension is negligible, while the slightly larger garage can Page 85 of 101 May 11, 2023 4 of 6 Report No. MV-2023-19 provide better security to the resident’s vehicles, and also enclose vehicles from public view. Staff do not anticipate that the variance as requested will result in any negative impacts and that the dwelling will remain compatible with the existing and future surrounding built form. Staff are of the opinion that the proposed variance is considered desirable for the appropriate development of the lands. d) The proposed variance is considered minor in nature In considering the scale of the garage extension, there is minimal impact as a result of the proposed reduced front yard setbacks. The overall streetscape is conserved as the addition will be employing same buildings materials as the existing dwelling, and the garage itself will not be enlarging towards the side yard to result in any negative encroachment. The character of the neighbourhood is maintained as the extension’s overall massing and scale is considered modest and adequate. Although the garage will project slightly when compared to the adjacent properties, the increase in projection is not anticipated to be too noticeable and disruptive to public view, and the garage addition is considered a logical extension of the building. As such, 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 with no other non-compliance identified. Engineering Division No objections. Operational Services (Parks) No objections. Operational Services (Public Works) No objections. Central York Fire Services No comments received at the time of writing this report. York Region No objections. Page 86 of 101 May 11, 2023 5 of 6 Report No. MV-2023-19 Department or Agency Comments LSRCA No objections. 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 variance. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan and Elevations Page 87 of 101 May 11, 2023 6 of 6 Report No. MV-2023-19 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-19 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. 2. That the owner be required to provide Tree Protection Fencing as per the standards and details set out by the Towns Landscape Standards. All trees shall remain protected for the duration of the project. Page 88 of 101 Appendix 'B'Page 89 of 101 DWG. NO.JOB NO. SCALE: AS NOTED0E1PROJECT:CHK'D. BY:DRAWING TITLE:DRAWN BY: N.ACHK'D. BYDESCRIPTIONREV.DATEBYREV. #GARAGE EXTENSION LAYOUT, DETAIL AND SECTIONS.V.A.DATE: Feb. 4, 2023EXTENSION AT GARAGE FOR RESIDENTIAL HOUSE151 Dawish Ave., Aurora, On. (L4G 6R2)NORTHNEW BLOCK WALLEX. ROOF JOISTSCONC. BLOCK(TYP.)12"x14" TieConcrete 25 MPa.w/ 2Ø58" RE BARSEX. GARAGE DOORNEW GARAGE DOORNEW ROOF JOISTSABSAME AS EXISTINGCGARAGE DOORGARAGE DOORNEW ROOF JOISTSSAME AS EXISTINGEX. ROOF JOISTS1% SLOPEEX. ROOFCDDATA DRAFTING INC.CEL: (416) 668-4950Telephone: (905) 471-4010E-MAIL: ata.drafting@yahoo.caABNEW FOUNDATION12"x14" TieConcrete 25 MPa.w/ 2Ø58" RE BARSNEW FOUNDATIONNEW BLOCK WALLCONC. BLOCK(TYP.)EX. FOUNDATIONEPOXY TO EX. FOUNDATION"EMB. 8"Min.4Ø58 RE BARNEW FOUNDATIONEX. FOUNDATIONEDAWLISH AVENUESECTIONLOT 141EXTENSIONLOT 140LOT 142Page 90 of 101 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -18 _______________________________________________________________________________________ Subject: Minor Variance Application Szabo 135 Aurora Heights Drive Plan 65M2338, Lot 77 File: MV-2023-18 Prepared by: Kenny Ng, Planner Department: Planning and Development Services Date: May 11, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to permit a garage extension with a gross floor area of 12.5 square metres (134.55 square feet). A conceptual site plan and elevations are attached as Appendix ‘B’ to this report. The following relief is being requested: a) Section 7.2 of the Zoning By-law requires a minimum front yard setback of 6.0 metres. The applicant is proposing a garage extension, which is 4.0 metres to the front property line, thereby requiring a variance of 2 metres. Background Subject Property and Area Context The subject lands are municipally known as 135 Aurora Heights Drive and are located north of Wellington Street West, on the south side of Aurora Heights Drive. The subject lands have an approximate lot area of 510 square metres (5,488.56 square feet), and an approximate lot frontage of 15.25 metres (50 feet). The subject lands currently contain a two-storey single-detached dwelling with an approximate gross floor area of 150 square metres (1,600 square feet). The surrounding neighbourhood is residential and generally characterized by one and two storey dwellings. An elementary school (Our Lady of Grace Page 91 of 101 May 11, 2023 2 of 6 Report No. MV-2023-18 Catholic Elementary School) and Harmon Park are located to the immediate north of the subject lands. Proposal The applicant is proposing to expand the existing garage by extending two metres into the front yard. The proposed addition will have a gross floor area of 12.5 square metres (134.55 square feet), which would result in a total gross floor area of 162.5 square metres (1,749.14 square feet) when combined with the existing dwelling. Official Plan The subject property is designated “Stable Neighbourhoods” by the Town of Aurora’s Official Plan. The Stable Neighbourhoods designation provides for detached dwellings as a permitted use. Zoning The subject property is zoned “Detached Third Density Residential – R3(40) Exception 40 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, “The attached garage has an irregular internal size and cannot fit mid-size cars properly. We plan to extend the garage towards the front so it is able to enclose longer cars. The house starts exactly 6m from the front yard hence any extension toward the front is not allowed with the current provisions in place.” Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-18 pursuant to the prescribed tests as set out in Section 45 (1) of the Planning Act, as follows: a) The proposed variance meets the general intent of the Official Plan The intent of the “Stable Neighbourhoods” designation is to ensure that mature neighbourhoods are protected from incompatible forms of development, while also Page 92 of 101 May 11, 2023 3 of 6 Report No. MV-2023-18 permitted to evolve and be enhanced over time. New development shall be sympathetic to the form and character of existing development with regards to building scale and urban design. It is Planning Staff’s opinion that the proposed variance is not anticipated to result in any significant negative impacts on the character and streetscape of the existing residential neighbourhood. The neighbourhood is characterized by generally one and two-storey dwellings, which this proposal aligns with, and vegetation is present in the front and side yards of the property, which creates landscaped buffering between neighbouring properties. Staff also note that projected garages are a commonly shared design element in this residential neighbourhood. The projection is not anticipated to negatively impact the uniform look of the streetscape, particularly due to the aforementioned landscaping buffering, but also since the proposed garage extension will continue to employ the existing material and design to avoid incompatibility with the dwelling and neighbourhood overall. Additionally, variations in house and garage typology exist on the street, including the use of carports and bungalows with integrated garages, such that the proposed variance will not result in the subject garage standing out or looking out of place within the overall community setting. Further, although slightly shortened by the proposed variance, the driveway is still able to continue to provide adequate spacing for parked vehicles. As mentioned, there are multiple mature trees present in the front yard, which provide screening of the projected garage, and serve to minimize resulting visual impacts to the public realm or streetscape. There is adequate front yard space remaining on the property to allow for soft landscaping and the vegetated area remains unaffected by the proposal. The proposed garage extension is generally in keeping with the surrounding context and character of the neighbourhood, and as such, staff are of the opinion that the proposed 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 that there is adequate separation between private property and the public realm, and to maintain the overall streetscape and provide adequate front yard area for landscaping and privacy. The encroachment resulting by the proposed garage extension is not too egregious that it would cause significant disruption to the public realm and create an undesirable streetscape. The lot frontage of the property is also quite wide, with sufficient landscaping, which helps to lower the garage’s overall visual dominance. It is staff’s opinion that the variance will not hinder the subject development’s ability to meet the objectives mentioned above, with the overall streetscape character not being adversely impacted. No other non-compliance was also Page 93 of 101 May 11, 2023 4 of 6 Report No. MV-2023-18 identified, and the property will still be able to adequately accommodate required parking, with the extended garage also enclosing parked cars to enhance the streetscape. Staff are of the opinion that the requested variance is in keeping with the intent of the Zoning By-law. c) The proposed variance is considered desirable for the appropriate development of the land The minor variance requested has been considered in the context of the site and the adjacent neighbourhood. Staff are of the opinion that the proposed variance for front yard setback is desirable as the proposed built form and overall character of the garage extension will continue to be in keeping with other surrounding properties located within the residential neighbourhood. The reduced front yard setback is required to accommodate the garage extension, which makes up the easterly 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 existing and future surrounding built form. The owner has also indicated their intention of using the garage extension to park their vehicles, which would enhance the aesthetic of the streetscape by shielding parked cars from view. Further, the garage extension proposes to utilize like materials and style to harmoniously synchronize with the surrounding area. Staff are of the opinion that the proposed variance is considered desirable for the appropriate development of the lands. d) The proposed variance is considered minor in nature In considering the scale of the garage extension, there is minimal impact as a result of the proposed reduced front yard setbacks. The overall streetscape is conserved as the addition will be employing the same buildings materials as the existing dwelling (brick exterior and asphalt shingles). The character of the neighbourhood is maintained as the extension’s overall massing and scale is considered modest. Although the garage will project slightly when compared to the adjacent properties, the increase in projection is not anticipated to be noticeable or disruptive to public view, and the garage addition is considered a logical extension of the building, able to provide enclosure for larger parked vehicles. As such, staff are of the opinion that the requested variance is minor in nature. Page 94 of 101 May 11, 2023 5 of 6 Report No. MV-2023-18 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 with no other non-compliance identified. Engineering Division No objections. Operational Services (Parks) No objections. Operational Services (Public Works) No objections. Central York Fire Services No comments received at the time of writing this report. York Region No objections. LSRCA No objections. 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 variance. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan and Elevations Page 95 of 101 May 11, 2023 6 of 6 Report No. MV-2023-18 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-18 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property, in subst antial conformity with the plan(s) attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of Planning and Development Services or designate. 2. That the owner be required to provide Tree Protection Fencing as per the standards and details set out by the Towns Landscape Standards. All trees shall remain protected for the duration of the project. Page 96 of 101 Appendix 'B'Page 97 of 101 Page 98 of 101 Page 99 of 101 Page 100 of 101 Page 101 of 101