Agenda - Committee of Adjustment - 20240307Town of Aurora
Committee of Adjustment
Meeting Agenda
Date:Thursday, March 7, 2024
Time:7:00 p.m.
Location:Video Conference
Meetings are available to the public via live stream 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 February 8, 2024, Meeting
Number 24-01
That the Committee of Adjustment Minutes from Meeting Number 24-02
be adopted as printed and circulated.
6.Presentation of Applications
6.1 MV-2024-01 - Liu - 2007 Vandorf Sideroad 1
6.2 MV-2024-03 - Ambria (Bloomington) Limited - 125 Call Trail (Lot 21)2
6.3 MV-2024-04 - Tello - 37 Whispering Pine Trail 11
6.4 MV-2024-05 - Ambria (Bloomington) Limited - 101 Calla Trail (Lot 25)19
6.5 MV-2024-06 - Ambria (Bloomington) Limited - 95 Calla Trail (Lot 26)28
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 4 -01
_______________________________________________________________________________________
Subject: Minor Variance Application
Ye Liu
2007 Vandorf Sideroad
Part of Lot 5, Concession 3
MV-2024-01
Prepared by: Katherine Gatzos
Department: Planning and Development Services
Date: March 7, 2024
_______________________________________________________________________________________
Application
Planning Staff are requesting a deferral of the above noted minor variance application for
2007 Vandorf Sideroad (MV-2024-01).
Additional time is needed for the applicant to address staff’s comments and concerns
regarding the development constraints on the subject property and the resulting variances
requested. The applicant must also provide clarification on the intended use(s) of the
proposed accessory pool house, to determine if additional variances are required.
Staff recognize the importance of making informed decisions and believe the requested
deferral will enable a more accurate and aligned interpretation of the Zoning By-law
provisions over the use of property.
As a result, Staff are requesting the subject application be deferred to the next Committee
of Adjustment meeting for consideration.
Page 1 of 35
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 4 -03
_______________________________________________________________________________________
Subject: Minor Variance Application
Ambria (Bloomington) Limited
125 Calla Trail (Lot 21)
Lots 11, 12, 14 and Part of Lots 10 and 13, Registered Plan 166
File: MV-2024-03
Related file: SUB-2017-03
Prepared by: Kenny Ng, Planner
Department: Planning and Development Services
Date: March 7, 2024
_______________________________________________________________________________________
Application
The applicant is requesting relief from the requirements of the Town’s Comprehensive
Zoning By-law 6000-17, as amended, to permit the construction of a two storey detached
dwelling. A site plan is attached as Appendix ‘B’ to this report.
The following relief is being requested:
a) Section 24.523.2.2 of the Zoning By-law permits a maximum height of 10.0
metres. The proposed detached dwelling has a height of 10.55 metres, thereby
requiring a variance of 0.55 metre.
Background
Subject Property and Area Context
As shown in Appendix B, the subject lands (Lot 21) within an approved Plan of Subdivision
that has not been registered. The lands are generally located at the north east corner of
Yonge Street and Bloomington Road. The subject lands have access from both Yonge
Street and Old Bloomington Road. Lot 21 has an approximate lot area of 873.2 square
metres (9,399.05 square feet), and an approximate lot frontage of 24.15 metres (79.23
feet). The subject lands are currently vacant, the subdivision is currently under
construction.
Page 2 of 35
March 7, 2024 2 of 6 Report No. MV-2024-03
Surrounding Land Uses
The surrounding area is an established residential neighbourhood that is generally
characterized by low-density estate residential dwellings.
Proposal
The applicant is requesting the variance to facilitate the construction of a two-storey
single detached dwelling.
Official Plan
The subject property is designated “Cluster Residential” and “Environmental Protection
Area” by the Yonge Street South Secondary Plan (OPA 34), which permits residential
uses in the form of single detached dwellings.
Zoning
The subject property is zoned “R3(523) - Detached Third Density Residential Exception
Zone” by Zoning By-law 6000-17, as amended, which permits a single detached dwelling
and accessory structures.
Related Planning Application
Plan of Subdivision (SUB-2017-03)
The subject lands are one of the 50 residential lots developed in the Draft approved Plan
of Subdivision (SUB-2017-03) located at 132-198 Old Bloomington Road. Currently, the
applicant is clearing the conditions of draft approval to execute and register the
subdivision agreement for the proposed development.
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 by the applicant, “Due to sanitary inverts, minimum basement heights are
required for these lots which raises the house higher than we normally would if it were
set based on the highest grade of the lot. A 10 metre maximum building height is very
restrictive for these size lots.”
Page 3 of 35
March 7, 2024 3 of 6 Report No. MV-2024-03
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2024-03 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 “Cluster Residential” designation is intended to be developed as a low density
residential subdivision that is designed to co-exist with the natural environment. The
proposed variance will not have any adverse impact to the natural environment.
The surrounding planned neighbourhood is generally characterized by one and two storey
single detached dwellings. The requested height increase has minimal to no disruption
on the streetscape and the surrounding context of the residential neighbourhood is not
impacted. The proposed scale, massing and built form of the subject development
conforms to the permitted uses of the designation. Staff are of the opinion that the
requested variance is not considered to have significant impacts within the context of the
Official Plan policies, and will facilitate the development of a detached dwelling that is
compatible with and generally in keeping with the low-density residential character of the
planned neighbourhood.
Staff are of the opinion that the requested variance meets the general intent of the Official
Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The intent of the maximum height requirement is to ensure that a consistent roofline is
maintained along streetscapes to minimize incompatibility and that shadowing and loss
of privacy would not incur to adjoining neighbours as a result of the additional height.
In considering the proposed height variance, the minimal increase is not anticipated to
have a significant visual impact to which will incur severe incompatibility with adjacent
properties, while adequate yard space remains to mitigate shadow cast by the structure
and would not result in any loss of privacy for adjoining neighbours.
Staff are of the opinion that the proposed height is appropriate and in keeping with the
character of the street, and as such 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
Page 4 of 35
March 7, 2024 4 of 6 Report No. MV-2024-03
The minor variance requested has been considered in the context of the site and the
adjacent future residential neighbourhood.
The variance is requested to facilitate a proposed two-storey detached dwelling within a
draft approved residential subdivision. As stated by the applicant, the requested
variance is a result of sanitary inverts located in the subject property. Sanitary invert
refers to the bottom level of the inside of a sanitary pipe, the inverts also establish pipe
sloping and the determination of sewage flow and manhole locations. In this case, taller
basement heights are required to accommodate for the specific sanitary system
configuration. All other zoning provisions including the yard setbacks, lot coverage, and
landscape requirements are met.
The dwelling will continue to be in keeping with other surrounding properties to the west
and north located within the draft approved plan of subdivision. The streetscape is largely
unaltered given that adequate separation distance remains and the moderate building
footprint. Staff do not anticipate that the variance as requested will result in any negative
impacts and that the detached dwelling will remain compatible with the future
surrounding built form.
Staff are of the opinion that the requested variance is considered desirable for the
appropriate development of the property.
d) The proposed variance is considered minor in nature
In considering the scale of the proposed detached dwelling, the requested increase to the
maximum permitted height is not anticipated to have significant impacts on the subject
lands with regards to the massing or create sightline issue. The streetscape is unaltered
while the character of the future residential neighbourhood is maintained as the
additional height will not generate any streetscape concerns relating to its overall
massing and scale. The proposed two-storey detached dwelling is considered moderate
in scale and adequate yard setback distances remain, separating the adjacent residential
neighbours from the subject dwelling. The additional height requested will not impact the
streetscape and hinder the character of the overall residential subdivision.
Staff are of the opinion that the requested variance is minor in nature.
Page 5 of 35
March 7, 2024 5 of 6 Report No. MV-2024-03
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. No
objections.
Engineering Division No objections.
Operational Services (Parks) No objections.
Operational Services
(Public Works)
No objections.
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 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
variances meet the four tests the Planning Act for granting of minor variances. Please
refer to Appendix ‘A’ for recommended conditions of approval for the requested variance.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 6 of 35
March 7, 2024 6 of 6 Report No. MV-2024-03
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2024-03 be
approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in 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 7 of 35
N10°13'40''W395.360133.107N72°00'05''E
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FIELD:
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PLAN AVAILABLE AT www.ProtectYourBoundaries.ca
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BUILDING STATISTICS
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MEAN HEIGHT(m)
No. OF STOREYS
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NOTE: BUILDER TO VERIFY LOCATION OF ALL HYDRANTS, STREET
LIGHTS, TRANSFORMERS AND OTHER SERVICES. IF MIN. DIMENSIONS
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- LOT GRADING PLANS ASSUME A TBS TO USF DISTANCE OF 0.23, BASED
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-UP TO 9" FOOTING, LOWER USF BY 0.07
-10" FOOTING, LOWER USF BY 0.10
-11" FOOTING, LOWER USF BY 0.13
-12" FOOTING, LOWER USF BY 0.15
-13" FOOTING, LOWER USF BY 0.18
-14" FOOTING, LOWER USF BY 0.20
Notes:-
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a minimum of 2 meters inside property lines and a minimum of 5 mete
from building foundations. Dimensions of pits are as indicated on this
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SIGNATURE:
I, DECLARE THAT I HAVE REVIEWED AND TAKEN
DESIGN RESPONSIBILITY FOR THE DESIGN WORK ON BEHALF
OF RN DESIGN LTD,UNDER DIVISION C,PART-3 SUBSECTION-3.2.4
OF THE BUILDING CODE. I AM QUALIFIED AND THE FIRM IS
REGISTERED IN THE APPROPRIATE CLASSES / CATEGORIES.
QUALIFIED DESIGNER BCIN:
FIRM BCIN:
DATE:
PP
R3(523)
LOT 21
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ISSUED FOR REVIEW1 17-JULY-23 PP RPLOT 22
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ISSUED FINAL2 01-AUG-23 PP -
ISSUED FINAL3 05-OCT-23 PP ES
REVISED PER ENG COMM - FINAL414-OCT-23 PP ES
5 REVISE PER AC COMMS - FINAL01-NOV-23 PP ES
6 RE-SITE TO ELEV 'B'06-DEC-23 PP ES
BLOCK 51
ENVIRONMENTAL LANDS
7 RE-ISSUED FINAL 03-JAN-24 ES ESUPGRADE EXPOSED ELEVATION(S)(See Approved Streetscape / Unit Working Drawings)
POURED-IN-PLACE STAIRS
WITH MASONRY VENEER
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APPROVED BY:
DATE:
This stamp certifies compliance with the applicable
Design Guidelines only and bears no further
professional responsibility.
JOHN G. WILLIAMS LTD., ARCHITECT
ARCHITECTURAL CONTROL REVIEW
AND APPROVAL
WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWIL
PPROVALLLLLLLLLLL
JAN 08, 2024
UPGRADE EXPOSED ELEVATION(S)
(See Approved Streetscape / Unit Working Drawings)
26995
30840
JAN-9-2024
ERIC SCHNEIDER
PR20240035 Jan. 12, 2024
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
APPROVED BY: Melissa Bozanin
Page 9 of 35
BASEMENT SLABBASEMENT SLAB25MPa ELEVATOR PIT SLABREINF W/ 15M BARS @12" OCTOP & BOTTOM EACH WAY(4) 15M CONT BARS15M DOWELS @12" OC20"20"2"X6" WOOD STUD SHAFTWALLS (CONSTRUCTIONAS PER MANUF SPEC)A9Town of AURORA2023-10-020STTRURURURURRURURUURURRURUURRRRRRRRRRRRRRURURURURURRURURURURRRRURURRURRRRURRURRURRRURURURURURURRURURUUUUUUUUUUUUUUUUUCTTURURURAL ONLYSRMSSJOHN G. WILLIAMSJHNGAPPROVED BY:DATE:This stamp certifies compliance with the applicable Design Guidelines only and bears no further professional responsibility.JOHN G. WILLIAMS LTD., ARCHITECTARCHITECTURAL CONTROL REVIEW AND APPROVALWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWILPPROVALLLLLLLLLLLOCT 04, 2023 Page 10 of 35
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 4 -04
_______________________________________________________________________________________
Subject: Minor Variance Application
William Walker and Gina Veronica Tello
37 Whispering Pine Trail
PLAN 65M-2618 LOT 9
File: MV-2024-04
Prepared by: Antonio Greco, Planner
Department: Planning and Development Services
Date: March 7, 2024
_______________________________________________________________________________________
Application
The owner is requesting relief from the requirements of the Town’s Comprehensive
Zoning By-law 6000-17, as amended, to permit outdoor swimming lessons as a Home
Occupation on the subject property. The following relief is being requested:
a) Section 3 of the Zoning By-law does not permit outdoor swimming lessons as a
Home Occupation. The applicant is proposing outdoor swimming lessons.; and,
b) Section 4.6.1 of the Zoning By-Law states a home occupation shall be conducted
entirely within the dwelling or permitted accessory buildings. The applicant is
proposing outdoor swimming lessons.
Background
Subject Property and Area Context
The subject property, municipally known as 37 Whispering Pine Trail, located on the west
side of Whispering Pine Trail and east of Bathurst Street. The subject property has a total
lot area of 1903.4 m2 (20,483 ft2), with an approximate lot frontage of 29.2 m (95.8 ft)
along Whispering Pine Trail. There is an existing two-storey single detached dwelling, with
an in-ground pool at the rear of the property. The existing pool is surrounded by a concrete
deck and rock retaining wall along the western portion of the pool. The perimeter of the
Page 11 of 35
March 7, 2024 2 of 7 Report No. MV-2024-04
in-ground pool is secured with a 5.0 ft ornamental fence, containing a self latching and
closable gate.
Proposal
The owner is requesting variances to permit outdoor swimming lessons as a home
occupation on the subject property. The swimming lessons will be conducted by the
homeowner’s daughter, under the licensed business name “Swimsmart Academy.” The
owner has further advised that they expect this use to operate for this upcoming summer,
from the months of June to end of August. These lessons are conducted in a
private/semi-private manner, containing 1-2 students per class only during the hours of
9:00 am to 5:00 pm.
There are no changes to the existing detached dwelling, or subject property proposed as
part of this variance application.
Official Plan
The subject property is designated “Suburban Residential” by the Town of Aurora Official
Plan. This designation permits for detached dwellings, an accessory dwelling and
compatible home occupations.
Zoning
The Subject property is zoned “R2 (62) – Detached Second Density Residential Exception
Zone” under Zoning By-law 6000-17, as amended. This zoning permits single detached
dwelling units and home occupations.
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 in the application form, the Zoning By-law does not permit outdoor swimming
lessons as a home occupation.
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2024-04 pursuant to the
prescribed tests as set out in Section 45 (1) of the Planning Act, as follows:
Page 12 of 35
March 7, 2024 3 of 7 Report No. MV-2024-04
a) The proposed variance meets the general intent of the Official Plan
The subject property is designated “Suburban Residential” by the Town of Aurora
Official Plan which permits detached dwellings, an accessory dwelling and compatible
home occupations. Section 6.13 of the Official Plan outlines provisions for “Home
Occupations” within single and semi-detached residences.
Notwithstanding policy 6.13 a) (ii) requiring home occupations to be carried out
entirely within the dwelling unit, the Town of Aurora Council approved Official Plan
Amendment 19 on June 23, 2020, to specifically allow outdoor swim schools and
related minor outdoor storage as a home occupation where appropriate and subject to
the other policies in 6.13 of the Official Plan. The proposed swim school is therefore
permitted by the Official Plan. Staff are of the opinion that the proposed variances
meet the general intent of the Official Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The Subject property is zoned “R2 (62) – Detached Second Density Residential
Exception Zone” under Zoning By-law 6000-17, as amended. This zoning permits single
detached dwelling units and home occupations. Although the Official Plan was
amended to allow outdoor swim schools as a home occupation, it was intended that
site-specific proposals are to be weighted on their individual merits through a minor
variance application to the Committee of Adjustment.
The intent of the home occupation provision to limit the occupation within the dwelling
unit, and to ensure that they do not detract from the residential character of a property,
the existing surrounding context, and have a negative impact on adjacent properties.
Additionally, the current home occupation definition provides general examples of
home occupation uses, including instructional activities such as dance or music
lessons. The proposed use of swimming lessons would operate in a similar manner as
dance/music lessons, which are recognized activities in the zoning by-law definition.
These activities tend to operate in a similar fashion as swimming lessons, in creating
a private/semi-private setting, that requires 1-1 or 1-2 coach to student ratio, to create
an ideal learning environment for the student. Furthermore, these activities benefit
from the small and intimate learning environment, given the specialization required for
the activity. Thus, given the similarities between the general examples provided in the
zoning by-law for home occupations, and the proposed use of swimming lessons, staff
believe that these uses are similar in nature and meet the intent zoning by-law.
Staff have also reviewed the subject property in context to the surrounding
neighbourhood and note that the property has a total lot area of 1903.4 m2 (20,483 ft2),
Page 13 of 35
March 7, 2024 4 of 7 Report No. MV-2024-04
which is quite large, and also relative to the surrounding properties in the
neighbourhood. The existing two-storey dwelling contains an approximate 1.70 metre
setback to the northern property line, and a 4.82 metre setback to the southern
property line, which exceeds the minimum 1.5 metre required in the zoning by-law. The
existing in-ground swimming pool is approximately 880 ft2, which is a standard
backyard residential pool. The Town of Aurora Buildings Department have also
reviewed the existing pool and issued a pool permit back in 2004.
When calculating the total area of the backyard in comparison to the total area
occupied by the pool, this equates to the pool occupying approximately 24% of the
total backyard area. This allows for more than 75% of the backyard to remain open for
additional functionality. Given that the swimming lessons are being conducted in a
private/semi-private manner, it is not anticipated that there would be more than three
people in the pool at once (two students and one teacher). The subject property also
contains a separate washroom which is attached to the rear of the garage. This
washroom is not associated with the dwelling unit but is intended to be utilized as a
stand-alone washroom/change room for the pool. Furthermore, staff are of the opinion
that there will be no additional noise creating with this proposed home occupation.
The use of the pool is similar in nature to a regular family of three – five, utilizing the
pool for their leisure purposes.
The subject property also contains an existing three-car garage and large driveway that
can accommodate up to nine vehicles. Given the small-scale home occupation, there
won’t be a need to park on the street, and parking can be accommodated on site. Staff
are of the opinion that there will be no parking or traffic impacts generated by the home
occupation. The approval of this minor variance application will not detract from the
residential character of the surrounding neighbourhood but will implement Council’s
decision to allow these uses under Official Plan amendment 19. Staff are therefore of
the opinion that the variances meet the general 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 proposed use of swimming lessons in the existing pool
will not function any differently than any other leisure type of use of the pool and
therefore consider the proposal to be appropriate and desirable for the property. The
existing pool is approximately 880 square feet, which is a regular sized backyard
residential pool. The existing pool is surrounded by a 5-foot-high ornamental metal
fence, containing a self latching and locking gate for increased safety. Additionally, to
mitigate potential concerns with respect to noise, parking or student drop off and pick-
Page 14 of 35
March 7, 2024 5 of 7 Report No. MV-2024-04
up, the applicant has advised that that swim lessons will be provided to no more than
two students at a given time and operate between the hours of 9:00 am to 5:00 pm.
Furthermore, the existing zoning by-law definition of home occupation regulates
instructional activities to no more than three students at time, in which the application
intends to meet. Additionally, the swimming lessons will be conducted in a
private/semi-private manner, containing 1-2 students per class. Furthermore, to ensure
safety measures are in place, the Town’s By-law Services Department is requiring the
applicant arrange an inspection with the Town to confirm that the pool enclosure
meets municipal standards.
The proposed variance also demonstrates the vision and fundamental principles
outlined in the Official Plan. Staff The appropriate development of the land through the
“Advancing the Economy” Official Plan principle, speaks to encouraging a competitive
business environment and ultimately advance and sustain Aurora’s long-term
economic prosperity. The proposed minor variance application allows for the creation
of small business owners and the ability to live, work and play within the Town of
Aurora. As such, staff are of the opinion that the variance is considered 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 significant adverse effects on the subject property, or
neighbouring properties. Furthermore, the applicant is not proposing any site or
building alterations to accommodate for the proposed use. The subject property will
remain in it’s existing context to accommodate for the home occupation. The
proposed use of the subject property will not detract from the site and surrounding
area’s residential character. Overall, it is the opinion of staff that the proposed
variances are considered 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 completed.
No objection.
Page 15 of 35
March 7, 2024 6 of 7 Report No. MV-2024-04
Department or Agency Comments
Engineering Division No objection.
Operational Services (Parks) No objection.
Operations (Public Works) No objection.
Central York Fire Services No objection.
York Region No objection.
LSRCA No objection.
Alectra No objection.
Public Correspondence
Written submissions were not received at the time of writing of this report. Should
additional written submissions be received after the writing of this report, the Secretary
Treasurer will provide the submission(s) to Committee members at the meeting.
Conclusion
Planning staff have reviewed the application regarding Section 45 (1) of the Planning Act,
R.S.O, 1990, c.P.13, as amended, and believe that the requested variance meets the four
tests of the Planning Act for granting minor variances. Staff recommend approval of th e
requested variance subject to the conditions outlined in Appendix ‘A.’
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 16 of 35
March 7, 2024 7 of 7 Report No. MV-2024-04
Appendix ‘A’ – Conditions of Approval
Planning and Development Services:
1. That the variance only applies to the subject property in conformity with the plans
attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of
Planning and Development Services or designate.
2. That the Applicant arrange an inspection with the Town’s By-law Services to
ensure the pool enclosure complies with municipal requirements, to the
satisfaction of the By-law Services Department.
Page 17 of 35
PR20240072 Jan. 30, 2024
TOWN OF AURORA
PLANNING & DEVELOPMENT SERVICES
BUILDING DIVISION
PERMIT NO.: DATE:
PRELIMINARY ZONING REVIEW
APPROVED BY: Melissa Bozanin
Page 18 of 35
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 4 -05
_______________________________________________________________________________________
Subject: Minor Variance Application
Ambria (Bloomington) Limited
101 Calla Trail (Lot 25)
Lots 11, 12, 14 and Part of Lots 10 and 13, Registered Plan 166
File: MV-2024-05
Related file: SUB-2017-03
Prepared by: Kenny Ng, Planner
Department: Planning and Development Services
Date: March 7, 2024
_______________________________________________________________________________________
Application
The applicant is requesting relief from the requirements of the Town’s Comprehensive
Zoning By-law 6000-17, as amended, to permit the construction of a two storey detached
dwelling. A site plan is attached as Appendix ‘B’ to this report.
The following relief is being requested:
a) Section 24.523.2.2 of the Zoning By-law permits a maximum height of 10.0
metres. The proposed detached dwelling has a height of 10.10 metres, thereby
requiring a variance of 0.1 metre.
Background
Subject Property and Area Context
As shown in Appendix B, the subject lands (Lot 25) is located within an approved Plan of
Subdivision that has not been registered. The lands are generally located at the north east
corner of Yonge Street and Bloomington Road. The subject lands have access from both
Yonge Street and Old Bloomington Road. Lot 25 has an approximate lot area of 901
square metres (9,698.28 square feet), and an approximate lot frontage of 21.34 metres
(70 feet). The subject lands are currently vacant, the subdivision is currently under
construction.
Page 19 of 35
March 7, 2024 2 of 6 Report No. MV-2024-05
Surrounding Land Uses
The surrounding area is an established residential neighbourhood that is generally
characterized by low-density estate residential dwellings.
Proposal
The applicant is requesting the variance to facilitate the construction of a two-storey
single detached dwelling.
Official Plan
The subject property is designated “Cluster Residential” and “Environmental Protection
Area” by the Yonge Street South Secondary Plan (OPA 34), which permits residential uses
in the form of single detached dwellings.
Zoning
The subject property is zoned “R3(523) - Detached Third Density Residential Exception
Zone” by Zoning By-law 6000-17, as amended, which permits a single detached dwelling
and accessory structures.
Related Planning Applications
Plan of Subdivision (SUB-2017-03)
The subject lands are one of the 50 residential lots developed in the Draft approved Plan
of Subdivision (SUB-2017-03) located at 132-198 Old Bloomington Road. Currently, the
applicant is clearing the conditions of draft approval to execute and register the
subdivision agreement for the proposed development.
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 by the applicant, “Due to sanitary inverts, minimum basement heights are
required for these lots which raises the house higher than we normally would if it were
set based on the highest grade of the lot. A 10 metre maximum building height is very
restrictive for these size lots.”
Page 20 of 35
March 7, 2024 3 of 6 Report No. MV-2024-05
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2024-05 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 “Cluster Residential” designation is intended to be develop ed as a low-density
residential subdivision that is designed to co-exist with the natural environment. The
proposed variance will not have any adverse impact to the natural environment.
The surrounding planned neighbourhood is generally characterized by one and two storey
single detached dwellings. The requested height increase has minimal to no disruption
on the streetscape and the surrounding context of the residential neighbourhood is not
impacted. The proposed scale, massing and built form of the subject development
conforms to the permitted uses of the designation. Staff are of the opinion that the
requested variance is not considered to have significant impacts within the context of the
Official Plan policies, and will facilitate the development of a detached dwelling that is
compatible with and generally in keeping with the low-density residential character of the
planned neighbourhood.
Staff are of the opinion that the requested variance meets the general intent of the Official
Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The intent of the maximum height requirement is to ensure that a consistent roofline is
maintained along streetscapes to minimize incompatibility and that shadowing and loss
of privacy would not incur to adjoining neighbours as a result of the additional height.
In considering the proposed height variance, the minimal increase is not anticipated to
have a significant visual impact to which will incur severe incompatibility with adjacent
properties, while adequate yard space remains to mitigate shadow cast by the structure
and would not result in any loss of privacy for adjoining neighbours.
Staff are of the opinion that the proposed height is appropriate and in keeping with the
character of the street, and as such 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
Page 21 of 35
March 7, 2024 4 of 6 Report No. MV-2024-05
The minor variance requested has been considered in the context of the site and the
adjacent future residential neighbourhood.
The variance is requested to facilitate a proposed two-storey detached dwelling within a
draft approved residential subdivision. As stated by the applicant, the requested variance
is a result of sanitary inverts located in the subject property. Sanitary invert refers to the
bottom level of the inside of a sanitary pipe, the inverts also establish pipe sloping and
the determination of sewage flow and manhole locations. In this case, taller basement
heights are required to accommodate for the specific sanitary system configuration. All
other zoning provisions including the yard setbacks, lot coverage, and landscape
requirements are met.
The dwelling will continue to be in keeping with other surrounding properties to the west
and north located within the draft approved plan of subdivision. The streetscape is largely
unaltered given that adequate separation distance remains and the moderate building
footprint. Staff do not anticipate that the variance as requested will result in any negative
impacts and that the detached dwelling will remain compatible with the future
surrounding built form.
Staff are of the opinion that the requested variance is considered desirable for the
appropriate development of the property.
d) The proposed variance is considered minor in nature
In considering the scale of the proposed detached dwelling, the requested increase to the
maximum permitted height is not anticipated to have significant impacts on the subject
lands with regards to the massing or create sightline issue. The streetscape is unaltered
while the character of the future residential neighbourhood is maintained as the
additional height will not generate any streetscape concerns relating to its overall
massing and scale. The proposed two-storey detached dwelling is considered moderate
in scale and adequate yard setback distances remain, separating the adjacent residential
neighbours from the subject dwelling. The additional height requested will not impact the
streetscape and hinder the character of the overall residential subdivision.
Staff are of the opinion that the requested variance is minor in nature.
Page 22 of 35
March 7, 2024 5 of 6 Report No. MV-2024-05
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. No
objections.
Engineering Division No objections.
Operational Services (Parks) No objections.
Operational Services
(Public Works)
No objections.
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 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
variances meet the four tests the Planning Act for granting of minor variances. Please
refer to Appendix ‘A’ for recommended conditions of approval for the requested variance.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 23 of 35
March 7, 2024 6 of 6 Report No. MV-2024-05
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2024-05 be
approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in 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 24 of 35
N10°13'40''W395.360133.107N72°00'05''E
N10°46'50''W3.070N71°57'25''E 50.208
N10°15'00''W3.081N71°51'10''E 50.372
N71°50'00''E 50.165N71°45'30''E 50.006 N71°53'30''E 50.301 N70°57'55''E 100.638
1137 Centre Street Thornhill ON L4J 3M6 905.738.0053 F 905.738.9221 www.krcmar.ca
FIELD:
DWG NAME:
DRAWN:CHECKED:JOB NO:
WORK ORDER NO:PLOT INFO:
PLAN AVAILABLE AT www.ProtectYourBoundaries.ca
MUNICIPAL ADDRESS:
16-246MP01 09:32 28/Aug/2023
S.D./jm/D.F.V.K.16-246
3548966.48766.831N10°10'15''W216.375N10°09'50''WN10°00'55''WN10°10'40''W57.955A B
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CALLA GATE50 49 48
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434241403938BLOCK 54CALLA TRAIL
Nos. 132 AND 198 OLD BLOOMINGTON ROAD, AURORA
R=30.300A=16.281C=16.086N59°17'55''E R=61.500N84°25'00''E R=98.000A=24.589C=24.524 N78°26'30''W R=61.250 A=46.084 C=45.005N49°41'55''WR=64.600A=44.155C=43.300N08°38'05''WR=51.000A=13.282C=13.244N02°46'00''WR=9.000A=13.204C=12.051N31°48'10''
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48 47 5N71°51'10''E50.3722R=44.000A=21.503C=21.289N57°54'15''E66.831N10°00'55''WN10°09'50''WCALLA TRAIL3066.487R=26.000A=11.676C=11.578N56°46'10''ER=44.000A=21.503C=21.289N57°54'15''E29 Appendix 'B'Page 25 of 35
SP25XXXXXXXXXXXXXXXXLOT NUMBERREG. PLAN No.BLDG AREA(m )LOT COVERAGE(%)LOT AREA(m )MEAN HEIGHT(m)No. OF STOREYSPEAK HEIGHT(m)ZONE22LANDSCAPE AREA(%)UPGRADE EXPOSED ELEVATION(S)(See Approved Streetscape / Unit Working Drawings)MSJOHN G. WILLIAMSJJOHNGAPPROVED BY:DATE:This stamp certifies compliance with the applicable Design Guidelines only and bears no further professional responsibility.JOHN G. WILLIAMS LTD., ARCHITECTARCHITECTURAL CONTROL REVIEW AND APPROVALWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWILPPROVALLLLLLLLLLLDEC 11, 2023 DEC-11-20232699530840ERIC SCHEIDNERPR20240036Jan. 12, 2024TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAPPROVED BY: Melissa BozaninPage 26 of 35
BASEMENT SLABBASEMENT SLAB25MPa ELEVATOR PIT SLABREINF W/ 15M BARS @12" OCTOP & BOTTOM EACH WAY(4) 15M CONT BARS15M DOWELS @12" OC20"20"2"X6" WOOD STUD SHAFTWALLS (CONSTRUCTIONAS PER MANUF SPEC)A9Town of AURORA2023-10-020STTRURURURURRURURUURURRURUURRRRRRRRRRRRRRURURURURURRURURURURRRRURURRURRRRURRURRURRRURURURURURURRURURUUUUUUUUUUUUUUUUUCTTURURURAL ONLYSRMSSJOHN G. WILLIAMSJHNGAPPROVED BY:DATE:This stamp certifies compliance with the applicable Design Guidelines only and bears no further professional responsibility.JOHN G. WILLIAMS LTD., ARCHITECTARCHITECTURAL CONTROL REVIEW AND APPROVALWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWILPPROVALLLLLLLLLLLOCT 04, 2023 Page 27 of 35
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 4 -06
_______________________________________________________________________________________
Subject: Minor Variance Application
Ambria (Bloomington) Limited
95 Calla Trail (Lot 26)
Lots 11, 12, 14 and Part of Lots 10 and 13, Registered Plan 166
File: MV-2024-06
Related file: SUB-2017-03
Prepared by: Kenny Ng, Planner
Department: Planning and Development Services
Date: March 7, 2024
_______________________________________________________________________________________
Application
The applicant is requesting relief from the requirements of the Town’s Comprehensive
Zoning By-law 6000-17, as amended, to permit the construction of a two storey detached
dwelling. A site plan is attached as Appendix ‘B’ to this report.
The following relief is being requested:
a) Section 24.523.2.2 of the Zoning By-law permits a maximum lot coverage of
35.0%. The proposed detached dwelling has a lot coverage of 35.4%, thereby
requiring a variance of 0.4%.
Background
Subject Property and Area Context
As shown in Appendix B, the subject lands (Lot 26) within an approved Plan of Subdivision
that has not been registered. The lands are generally located at the north east corner of
Yonge Street and Bloomington Road. The subject lands have access from both Yonge
Street and Old Bloomington Road. Lot 26 has an approximate lot area of 874.6 square
metres (9,414.12 square feet), and an approximate lot frontage of 21.34 metres (70 feet).
The subject lands are currently vacant, the subdivision is currently under construction.
Page 28 of 35
March 7, 2024 2 of 6 Report No. MV-2024-06
Surrounding Land Uses
The surrounding area is an established residential neighbourhood that is generally
characterized by low-density estate residential dwellings.
Proposal
The applicant is requesting the variance to facilitate the construction of a two-storey
single detached dwelling.
Official Plan
The subject property is designated “Cluster Residential” and “Environmental Protection
Area” by the Yonge Street South Secondary Plan (OPA 34), which permits residential uses
in the form of single detached dwellings.
Zoning
The subject property is zoned “R3(523) - Detached Third Density Residential Exception
Zone” by Zoning By-law 6000-17, as amended, which permits a single detached dwelling
and accessory structures.
Related Planning Application
Plan of Subdivision (SUB-2017-03)
The subject lands are one of the 50 residential lots developed in the Draft approved Plan
of Subdivision (SUB-2017-03) located at 132-198 Old Bloomington Road. Currently, the
applicant is clearing the conditions of draft approval to execute and register the
subdivision agreement for the proposed development.
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 by the applicant, “We do not comply with the ZBL due to the model type selected
and purchased for the lot. The building envelope slightly exceeds the maximum coverage
permitted in the ZBL by 0.4% which will not negatively impact the neighbouring properties
or the streetscape, nor will it impact the amount of amenity area. The proposed dwelling
will fully comply with the minimum front, rear and side yard setbacks."
Page 29 of 35
March 7, 2024 3 of 6 Report No. MV-2024-06
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2024-06 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 “Cluster Residential” designation is intended to be develop as a low density
residential subdivision that is designed to co-exist with the natural environment. The
proposed variance will not have any adverse impact to the natural environment. In
addition, the proposed variance will continue to be able to meet the Official Plan provision
to ensure a minimum of 40% of the lot be preserved for open landscaped or natural
condition.
Staff are of the opinion that the requested variance meets the general intent of the Official
Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The intent of the by-law in regulating maximum lot coverage is to ensure that the size of
the dwelling is appropriate for the lot size and the adjacent neighbourhood . The
requirement also ensures that there is adequate space separating the dwelling from the
lot lines, in order to eliminate any potential concern related to loss of privacy, amenity
area and lot drainage capability.
The variance relates to a requested increase in lot coverage of 0.4% from the permitted
35%. The increase in coverage is not anticipated to have a noticeable visual impact on
the dwelling and adequate yard amenity space remains. The proposed development allow
for a slightly larger residential dwelling without creating an egregious building that is
completely out of character in the surrounding planned neighbourhood. Staff do not
identify any potential height or massing concerns resulting from this variance as all other
zoning requirements are met and the proposed built form can transition harmoniously
with adjacent planned dwellings.
Staff are of the opinion that the proposed detached dwelling is appropriate and in keeping
with the character of the street, and as such are of the opinion that the requested variance
meets the general intent of the Zoning By-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
The minor variance requested has been considered in the context of the site and the
adjacent future residential neighbourhood.
Page 30 of 35
March 7, 2024 4 of 6 Report No. MV-2024-06
The variance is requested to facilitate a proposed two-storey detached dwelling within a
draft approved residential subdivision. As stated by the applicant, the requested variance
is a result of the specific building configuration on this individual lot. All other zoning
provisions including the yard setbacks, height, and landscape requirements are all met.
In considering the minimal increase to the lot coverage compared to the overall lot area,
as well as the siting of the building envelope, the requested variance will have minimal
impacts to the overall planned neighbourhood and abutting properties to the east and
west. The requested variance is not anticipated to create negative massing concerns, and
will be largely unnoticeable from the street view as the requested zoning relief is marginal,
while all other zoning requirements are met.
It is therefore staff’s opinion that the proposed dwelling will continue to be in keeping with
other surrounding properties located within the draft approved plan of subdivision. Staff
do not anticipate that the variance as requested will result in any negative impacts and
that the detached dwelling will remain compatible with the future surrounding built form.
Staff are of the opinion that the requested variance is considered desirable for the
appropriate development of the property.
d) The proposed variance is considered minor in nature
In considering the scale of the proposed detached dwelling, the requested increase to the
maximum permitted lot coverage is not anticipated to have significant impacts on the
subject lands with regards to the scale and massing of the dwelling, and to the
surrounding streetscape or drainage capability. The proposed two-storey detached
dwelling is considered moderate in scale and adequate yard setback distances remain,
separating the adjacent residential neighbours from the subject dwelling. The additional
lot coverage increase will not impact the streetscape and hinder the character of the
overall residential subdivision.
Staff are of the opinion that the requested variance is minor in nature.
Page 31 of 35
March 7, 2024 5 of 6 Report No. MV-2024-06
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. No
objections.
Engineering Division No objections.
Operational Services (Parks) No objections.
Operational Services
(Public Works)
No objections.
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 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
variances meet the four tests the Planning Act for granting of minor variances. Please
refer to Appendix ‘A’ for recommended conditions of approval for the requested variance.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 32 of 35
March 7, 2024 6 of 6 Report No. MV-2024-06
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2024-06 be
approved by the Committee of Adjustment:
1. That the variance only applies to the subject property, in 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 33 of 35
N10°13'40''W395.360133.107N72°00'05''E
N10°46'50''W3.070N71°57'25''E 50.208
N10°15'00''W3.081N71°51'10''E 50.372
N71°50'00''E 50.165N71°45'30''E 50.006 N71°53'30''E 50.301 N70°57'55''E 100.638
1137 Centre Street Thornhill ON L4J 3M6 905.738.0053 F 905.738.9221 www.krcmar.ca
FIELD:
DWG NAME:
DRAWN:CHECKED:JOB NO:
WORK ORDER NO:PLOT INFO:
PLAN AVAILABLE AT www.ProtectYourBoundaries.ca
MUNICIPAL ADDRESS:
16-246MP01 09:32 28/Aug/2023
S.D./jm/D.F.V.K.16-246
3548966.48766.831N10°10'15''W216.375N10°09'50''WN10°00'55''WN10°10'40''W57.955A B
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434241403938BLOCK 54CALLA TRAIL
Nos. 132 AND 198 OLD BLOOMINGTON ROAD, AURORA
R=30.300A=16.281C=16.086N59°17'55''E R=61.500N84°25'00''E R=98.000A=24.589C=24.524 N78°26'30''W R=61.250 A=46.084 C=45.005N49°41'55''WR=64.600A=44.155C=43.300N08°38'05''WR=51.000A=13.282C=13.244N02°46'00''WR=9.000A=13.204C=12.051N31°48'10''
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N72°00'05''E
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48 47 5N71°51'10''E50.3722R=44.000A=21.503C=21.289N57°54'15''E66.831N10°00'55''WN10°09'50''WCALLA TRAIL3066.487R=26.000A=11.676C=11.578N56°46'10''ER=44.000A=21.503C=21.289N57°54'15''E29 Appendix 'B'Page 34 of 35
SP26XXXXXXXXXXXXXXXXLOT NUMBERREG. PLAN No.BLDG AREA(m )LOT COVERAGE(%)LOT AREA(m )MEAN HEIGHT(m)No. OF STOREYSPEAK HEIGHT(m)ZONE22LANDSCAPE AREA(%)UPGRADE EXPOSED ELEVATION(S)(See Approved Streetscape / Unit Working Drawings)SJOHN G. WILLIAMSJJOHNGAPPROVED BY:DATE:This stamp certifies compliance with the applicable Design Guidelines only and bears no further professional responsibility.JOHN G. WILLIAMS LTD., ARCHITECTARCHITECTURAL CONTROL REVIEW AND APPROVALWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWILPPROVALLLLLLLLLLLLDEC 11, 2023 2699530840DEC-11-2023ERIC SCHEIDNERPR20240037Jan. 12, 2024TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAPPROVED BY: Melissa BozaninPage 35 of 35