Agenda - Committee of Adjustment - 20250313Town of Aurora
Committee of Adjustment
Meeting Agenda
Date:Thursday, March 13, 2025
Time:7 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 13, 2025,
Meeting Number 25-02
1
That the Committee of Adjustment Minutes from Meeting Number 25-02
be adopted as circulated.
6.Presentation of Applications
6.1 MV-2025-02 - Hunzach Homes Holding Inc. - 24 Desjardins Way
(Withdrew)
5
6.2 MV-2025-05 - Zaghloul - 75 Watkins Glen Cres (Deferral)6
6.3 MV-2025-01 - Pesegi - 12 Kemano Road 7
6.4 MV-2025-03 - Zheng - 43 Valley Cres 16
6.5 MV-2025-04 - Pennacchio - unit 23 -220 Industrial Parkway S 26
7.New Business
8.Adjournment
1
Town of Aurora
Committee of Adjustment
Meeting Minutes
Date:
Time:
Location:
Thursday, February 13, 2025
7 p.m.
Video Conference
Committee Members: John Hartman
Maricella Sauceda
Alida Tari
Michael Visconti
Klaudia Watts
Other Attendees: Antonio Greco, Senior Planner
Peter Fan, Secretary-Treasurer, Committee of Adjustment
_____________________________________________________________________
1. Call to Order
That the meeting be called to order at 7:01PM
1.1 Appointment of Committee Chair
Moved by Maricella Sauceda
Seconded by Michael Visconti
That Alida Tari be appointed as the Committee Chair for the duration of
this Committee's term.
Carried
1.2 Appointment of Committee Vice-Chair
Moved by John Hartman
Seconded by Klaudia Watts
Page 1 of 32
2
That Michael Visconti be appointed as the Committee Vice-Chair for the
duration of this Committee's term.
Carried
2. Land Acknowledgement
The Town of Aurora acknowledges that the Anishinaabe (A-nishshaw-na-bee)
lands on which we live, and work are the traditional and treaty territory of the
Chippewas of Georgina Island, as well as many other Nations whose presence
here continues to this day. As the closest First Nation community to Aurora, we
recognize the special relationship the Chippewas have with the lands and waters
of this territory. They are the water protectors and environmental stewards of
these lands, and as a municipality we join them in these responsibilities.
We further acknowledge that Aurora is part of the treaty lands of the
Mississaugas and Chippewas, recognized through Treaty #13 as well as the
Williams Treaties of 1923. A shared understanding of the rich cultural heritage
that has existed for centuries, and how our collective past brought us to where
we are today, will help us walk together into a better future.
3. Approval of the Agenda
Moved by Michael Visconti
Seconded by John Hartman
That the Agenda as circulated by the Secretary-Treasurer be approved.
Carried
4. Declarations of Pecuniary Interest and General Nature Thereof
None.
5. Receipt of the Minutes
5.1 Committee of Adjustment Meeting Minutes of January 9, 2025 , Meeting
Number 25-01
Moved by Michael Visconti
Seconded by Klaudia Watts
Page 2 of 32
3
That the Committee of Adjustment Minutes from Meeting Number 25-01
be adopted as printed and circulated.
Carried
6. Presentation of Applications
6.1 C-2024-07 - Hunzach Holdings Inc. - 24 Desjardins Way
The purpose of the proposed consent application is to sever the subject
lands as follows (see Appendix ‘B’):
1. Proposed Retained Lands (eastern parcel):
1. Parts 1, 2 and 3 of the Draft Reference Plan with a total area of
0.76 hectares (1.89 acres).
2. Proposed Severed Lands (western parcel):
1. Parts 4 and 5 of the Draft Reference Plan with a total area of
2.45 hectares (6.07 acres).
3. Establish a Right of Way:
1. Proposed right of way over Part 2 (eastern parcel) of the Draft
Reference Plan in favour of the proposed severed lands
(western parcel) for the purposes of vehicular access from
Desjardins Way.
The Chair invited the Applicant or Owner to address the Committee. In
attendance was the agent, Chris Pretotto. The agent provided a brief
introduction to their application.
The Chair invited members of the public to provide comments. There were
no public delegates in attendance for this application.
The Committee inquired about the access to the property as there are
concerns of grading on the site; specifically off of Leslie street.
Moved by John Hartman
Seconded by Michael Visconti
That the Consent application C-2024-07 be APPROVED.
Carried
Page 3 of 32
4
7. New Business
None.
8. Adjournment
Moved by Michael Visconti
That the meeting be adjourned at 7:21PM.
Carried
Page 4 of 32
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 5 -02
_______________________________________________________________________________________
Subject: Minor Variance Application
Hunzach Holdings Inc.
24 Desjardins Way
Part Block 8, Plan 65M-3819, except Parts 1 and 2 on Plan 65R-
29285, and except Parts 1 and 2 on Expropriation Plan YR2183022
File: MV-2025-02
Related File: C-2025-07, SP-2024-04, MV-2024-09
Prepared by: Felix Chau, Planner
Department: Planning and Development Services
Date: March 13, 2025
_______________________________________________________________________________________
Application
Subsequent to the distribution of Notice of Public Hearing dated February 26, 2025, for
the above noted minor variance application for 24 Desjardins Way (MV-2025-02), the
applicant has requested to withdraw the application, by way of email dated March 6,
2025.
Page 5 of 32
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 5 -05
_______________________________________________________________________________________
Subject: Minor Variance Application
Ashraf Zaghloul
75 Watkins Glen Crescent
PLAN 65M3573 PT BLK 268 RP; 65R25480 PARTS 6 TO 8
File: MV-2025-05
Prepared by: Felix Chau, Planner
Department: Planning and Development Services
Date: March 13, 2025
_______________________________________________________________________________________
Application
Planning Staff are requesting a deferral of the above noted minor variance application for
75 Watkins Glen Crescent (MV-2025-05).
Additional time is required for commenting agencies, specifically, Central York Fire
Services (CYFS), to review the subject application. The applicant proposes to widen a
portion of an existing residential driveway from 3.1 metres to a maximum of 6.0 metres
to accommodate an additional parking spot. However, a portion of the driveway
expansion extends in front of the front door of the townhouse dwelling unit (no curb
cutting is proposed). As such, Staff require consultation and comments from CYFS to
understand any potential impacts to emergency service operations resulting from the
driveway expansion.
Staff recognize the importance of making informed decisions and believe the requested
deferral will enable the applicant to revise their plans that are compliant with emergency
services requirements.
As a result, Staff are requesting the subject application be deferred for consideration,
pending CYFS’s review and approval of the proposed development. The applicant has
been made aware and concurs with the deferral recommendation.
Page 6 of 32
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 5 -01
_______________________________________________________________________________________
Subject: Minor Variance Application
Pesegi
12 Kemano Road
PLAN 475 LOT 155
File: MV-2025-01
Prepared by: Katherine Gatzos, Planner
Department: Planning and Development Services
Date: March 13, 2025
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to recognize a recently constructed
open porch and stairs. The following relief is being requested:
a) Section 4.20 of the Zoning By-law states open porches require a minimum front yard
of 4.5 metres.
a. The applicant has constructed a front porch, which is 3.3 metres from the
front property line.
b) Section 4.20 of the Zoning By-law states steps require a minimum front yard of 4.5
metres.
a. The applicant has constructed porch steps, which are 1.8 metres from the
front property line.
Background
Subject Property and Area Context
The subject property, municipally known as 12 Kemano Road, is located on the north side
of Kemano Road, west of Yonge Street. The property is rectangular in shape, with an
approximate area of 582 sqm (6264.60 sqft), and a frontage of 33.53 m (110 ft) along
Page 7 of 32
March 13, 2025 2 of 7 Report No. MV-2025-01
Kemano Road. The surrounding neighbourhood is characterized by one and two storey
dwellings.
Proposal
The applicant has requested a reduced front yard setback in order to accommodate a
recently constructed porch and associated stairs.
The Owner demolished and reconstructed a new porch and stairs without a building
permit. Subsequently, the Town of Aurora received a complaint on the proposed
structure. In response to this, the Owner submitted a Minor Variance application in
January 2025 in order to bring the structure into compliance.
Official Plan
The subject property is designated “Stable Neighbourhoods” by the Town of Aurora
Official Plan, which permits Ground-related Residential Uses and accessory structures.
Zoning
The subject property is zoned “Detached Third Density Residential Exception R3-SN (497)
Zone” in the Town of Aurora’s Comprehensive Zoning By-law. Residential uses and
associated accessory uses 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, “the existing front porch was removed (unstable)
current front setback only 5.2m. It is not possible to put a new porch for the front door
that meets the 4.5m setback”.
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2025-01 pursuant to the
prescribed tests as set out in Section 45(1) of the Planning Act, as follows:
Page 8 of 32
March 13, 2025 3 of 7 Report No. MV-2025-01
a) The proposed variances meet the general intent of the Official Plan
The intent of the Official Plan “Stable Neighbourhoods” designation is to ensure that
residential neighbourhoods are protected from incompatible forms of development, while
allowing the neighbourhoods to be enhanced and evolve over time.
Planning staff are of the opinion that the subject variances will result in minimal impact
and no disruption to the existing streetscape and the surrounding context of the
neighbourhood. The location and orientation of the subject front porch and steps are
similar to designs that presently exist in the surrounding area, thus resulting in a
consistent and uniform streetscape. Staff are of the opinion that adequate spatial
separation continues to exist between the dwelling and the front property line, therefore
ensuring no negative impacts to the streetscape arise and access through the front yard
area is maintained. The proposed porch and steps are not considered to be visually
obtrusive from an urban design standpoint and will contribute to enhancing and
animating the existing streetscape.
Based on the above, staff are of the opinion that the requested variances are in keeping
with the general intent of the Official Plan.
b) The proposed variances meet 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 structures. The intent of the minimum front yard setback provision
is to ensure there is consistency between dwellings from a streetscape perspective and
a relatively uniform presence from the street edge.
Staff are of the opinion that despite the reduction in front yard setback, there is still
adequate spatial separation and uniformity along Kemano Road, as a multitude of
properties, including the two adjacent, contain similar front porch and step designs, thus
resulting in a consistent and uniform streetscape.
Staff are of the opinion that the subject porch and steps are modest in overall mass, and
as they meet all other provisions of the Zoning By-law, it will result in minimal visual
impact and obstruction. The porch and steps are intended to provide access to the
elevated entrance to the dwelling. Further, Engineering Staff and external agencies have
also reviewed and have no objections with the structure in regard to drainage or impacts
to existing utilities.
Page 9 of 32
March 13, 2025 4 of 7 Report No. MV-2025-01
Staff are satisfied that the proposed front yard setback variances will not result in
streetscape compatibility concerns and therefore maintain the intent and purpose of the
Zoning By-law.
c) The proposed variances are considered desirable for the appropriate development of
the land
The minor variances have been considered in the context of the site itself and the
adjacent neighbourhood. Staff are of the opinion that the proposed porch and stairs have
been designed in a manner that respects the character of the existing properties along
Kemano Road, many of which have incorporated similar porch and step designs to their
front facades in order to provide access to elevated front doors.
The proposal allows for the appropriate development of the site to accommodate specific
housing needs by providing access to the elevated dwelling entrance and is done so in a
manner that in the opinion of staff respects the existing neighbourhood character. The
streetscape is unaltered as the subject porch and stairs are in keeping with surrounding
residential neighbourhood, in relation to building scale, massing, orientation and
materiality. The applicant has installed basement egress windows along the front façade
which limits the ability to construct the porch stairs along the sides of the porch, further
from the front yard setback. Despite this constraint, Staff are of the opinion that the scale,
massing, orientation and materiality of the porch and stairs have been designed and
constructed in a matter that is in keeping with the surrounding residential neighbourhood.
Further, it is the opinion of staff that the proposal maintains sufficient room for access,
drainage and maneuverability within the front yard.
In July 2024, the Town of Aurora’s Parks Department issued a Tree Removal Permit for 4
trees within the front yard. Through this approved permit, the applicant has since removed
the subject trees and additional shrubbery to accommodate the front porch and steps,
and other property maintenance endeavours. The Town’s Parks Department has further
reviewed this Minor Variance application and has identified no concerns or further
requirements, as all matters have been addressed previously through the approved Tree
Removal Permit.
The proposed development resulted in the removal of multiple trees and shrubbery within
the front yard. However, appropriate conditions of approval (Appendix ‘A’) have been
developed to ensure that any tree removals have been addressed to ensure adherence to
the Town’s Tree Compensation Policies for tree removals. This includes the requirement
that the Owner provide a tree compensation and a replanting plan in accordance with the
Town of Aurora Tree Compensation Policies to the satisfaction of the Director of
Page 10 of 32
March 13, 2025 5 of 7 Report No. MV-2025-01
Operational Services as compensation for trees removed to facilitate the construction.
Compensation planting shall be completed prior to the release of financial securities.
As such, the requested variances are considered desirable for the appropriate
development of the land, subject to clearance or the Conditions of Approval as indicated
in Appendix ‘A’.
d) The proposed variances are considered minor in nature
The question of the minor in nature of a proposed variance can be related to its scale and
impact on adjacent properties, not necessarily its numerical value. In the opinion of Staff,
the requested variances are 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.
The reduced front yard setback for both the porch and steps is considered to be minor by
staff and are not anticipated to negatively impact the front yard amenity space, nor
access through the front yard. Given the location and footprint of the porch and steps,
staff would consider the encroachment to be minimal and will have no impact on
surrounding properties or neighbourhood character. Further, appropriate Conditions of
Approval have been developed in order to ensure that tree removals are appropriately
addressed.
Based on the above, staff consider the requested variances to be 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 objections.
Engineering Division No objections.
Operational Services (Parks) No objections.
Operational Services
(Public Works)
No objections.
Central York Fire Services No objections.
Page 11 of 32
March 13, 2025 6 of 7 Report No. MV-2025-01
Department or Agency Comments
York Region No objections.
LSRCA No objections.
Alectra 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 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 the
requested variance subject to the conditions outlined in Appendix ‘A.’
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan
Page 12 of 32
March 13, 2025 7 of 7 Report No. MV-2025-01
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. Provision of monitoring of the site work through a series of site visits by the
Arborist/Forester to ensure protection/preservation measures remain in
compliance throughout the duration of the project. Monitoring shall occur i) at
commencement of work to certify all tree protection measures are in place, ii)
during site work to confirm protection measures are in place and to oversee
arboricultural works as required, and iii) post construction assessment. Each site
visit is 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.
Page 13 of 32
PR20250069Jan. 16, 2025TOWN OF AURORA PLANNING & DEVELOPMENT SERVICES BUILDING DIVISIONPERMIT NO.: DATE:PRELIMINARY ZONING REVIEWAPPROVED BY: Ashley Vanderwal6.06.0m1.87m
3.39m
Page 14 of 32
Page 15 of 32
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 5 -03
_______________________________________________________________________________________
Subject: Minor Variance Application
Zheng
43 Valley Crescent
PLAN 65M 2189 LOT 165
File: MV-2025-03
Prepared by: Kenny Ng, Planner
Department: Planning and Development Services
Date: March 13, 2025
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to permit an existing enclosed
basement walk-up addition to the existing two-storey detached dwelling. The following
relief is being requested:
a) Section 7.2 of the Zoning By-law requires a minimum exterior side yard of 6.0
metres. The existing enclosed basement walk-up addition is 4.6 metres to the
exterior side property line, thereby requiring a variance of 1.4 metres.
Background
Subject Property and Area Context
The subject lands are municipally known as 43 Valley Crescent, located in the northwest
corner of Valley Crescent and Crawford Rose Drive Wellington Street West, south of
Orchard Heights Boulevard. The subject lands currently accommodate an existing two-
storey detached dwelling and have an approximate lot area of 615.5 square metres (6,625
square feet), and an approximate lot frontage of 20.4 m (67 ft). The existing two-storey
detached dwelling has a Gross Floor Area of 160 m2 (1721.5 ft2) with driveway access on
Valley Crescent. There are several mature trees in the front and exterior side yard, as well
as a wooden fence along the side and rear yards.
Page 16 of 32
March 13, 2025 2 of 6 Report No. MV-2025-03
Proposal
The applicant is requesting the committee to permit an existing enclosed basement walk-
up addition on the east side of the existing two-storey detached dwelling. The enclosed
basement walk-up was constructed without a building permit prior to the current owner
taking ownership of the property in 2024.
There is a second enclosed basement walk-up on the west side (interior side yard) of the
building, which was constructed without a building permit and does not comply with the
Town’s Zoning By-law. To address this, the applicant proposes to remove the e nclosure
while retaining the underground staircase to the basement unit to ensure compliance with
the Town’s Zoning By-law.
As detailed by the Applicant, currently there are no tenants living in the basement.
Official Plan
The subject property is designated ‘Stable Neighbourhoods’ by the Town of Aurora
Official Plan. Single detached dwellings are permitted in the Stable Neighbourhoods
designation.
Zoning
The subject property is zoned “R3 (Detached Third Density Residential Zone)” by Zoning
By-law 6000-17, as amended, which permits a single detached dwelling.
Preliminary Zoning Review
A Preliminary Zoning Review (PZR) has been completed by the Town of Aurora’s
Building Division. The PZR identified the required 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 stair was constructed by a previous owner of
the property and would be difficult to remove.”
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2025-03 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
Page 17 of 32
March 13, 2025 3 of 6 Report No. MV-2025-03
The subject lands are designated ‘Stable Neighbourhoods’ under the Town of Aurora’s
Official Plan. The intent of the ‘Stable Neighbourhoods’ designation is to ensure that all
new development will be protected from incompatible forms of development and, at the
same time, are permitted to evolve and be enhanced over time. Within this designation,
emphasis is placed on compatibility of built form with respect to massing, scale, and
design to ensure a cohesive relationship with adjacent buildings, streetscapes, and
exterior areas.
The variance to permit a reduced exterior side yard setback to accommodate the
enclosed basement walk up will not change the existing massing, height or other design
characteristics of the property. The enclosed basement walk up will not be visible from
the street, while the enclosed addition is only 2.13 metre (7 feet) in height which is
screened mostly by vegetation and the wooden privacy fence. As such, the proposed
variance will not result in an incompatible streetscape.
It is the opinion of staff that the requested variance meets the general intent and
purpose of the Official Plan.
b) The proposed variance meets the general intent of the Zoning By-law
As shown in the submitted plan attached as Appendix ‘B’ to this report, the applicant is
proposing to reduce the required 6.0 metres exterior side yard setback to 4.6 metres.
The intent of a minimum exterior side yard setback is to maintain a consistent
streetscape by regulating the appearance of a neighborhood from the street level, and
to ensure that adequate space remains to provide for privacy and access.
Since the majority of the enclosed addition will not be visible from the street level, due
to the existing wooden fence along the exterior side yard and mature trees in the front
yard, the neighboring properties will not be affected.
Additionally, access between the front and rear yards will not be restricted, as the larger
exterior side yard provides ample space to accommodate any access requirements.
Based on the above, staff are of the opinion that the requested variance meets the
general intent and purpose of the zoning by-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
The requested variance to permit a reduced exterior side yard setback is desirable as it
is located in a logical location for a basement walk-up. The enclosed walk up is also
screened by the wooden fence on the exterior side yard which helps to prevent it from
impeding the existing streetscape. Town Engineering Division has reviewed the
Page 18 of 32
March 13, 2025 4 of 6 Report No. MV-2025-03
requested variance and have no objection to the application as they are satisfied that
drainage along the side yard will be maintained. The overall accessibility of the property
can also be enhanced by the basement walk up, as the user can access the basement
through alternative routes.
Based on the above, staff consider the requested variance to be desirable for the
appropriate development and use of the lands.
d) The proposed variance is considered minor in nature
The requested variance to reduce the exterior side yard setback is considered minor as
the enclosed walk-up is not anticipated to affect the overall compatibility and
appearance of the existing dwelling. Currently there are no tenants living in the
basement, in the event the applicant converts the basement into a residential unit, a
building permit and registration for additional dwelling unit is required.
Accordingly, it is staff’s opinion that the variance is 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 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
Page 19 of 32
March 13, 2025 5 of 6 Report No. MV-2025-03
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 20 of 32
March 13, 2025 6 of 6 Report No. MV-2025-03
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2025-03 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; and
2. That the Owner demolish the existing roof and glass enclosure on the west side of
the property pertaining to the existing basement walk up to the satisfaction of the
Director of Planning and Development Services or designate.
Page 21 of 32
%TTIRHM\ & Page 22 of 32
Page 23 of 32
Page 24 of 32
Page 25 of 32
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 5 -04
_______________________________________________________________________________________
Subject: Minor Variance Application
Vincenzo & Rickie Aileen Pennacchio
220 Industrial Parkway South – Unit 23
York Region Condo Plan 615 Level 1 Unit 23
File: MV-2025-04
Prepared by: Felix Chau, Planner
Department: Planning and Development Services
Date: March 13, 2025
_______________________________________________________________________________________
Application
The owner/applicant is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to permit a Personal Service Shop
use. The following relief is being requested:
a) Section 10.1, “E2 – General Employment Zone” of Zoning By-law 6000-17, does not
list Personal Service Shop as a permitted use. The applicant is proposing a
Personal Service Shop.
Background
Subject Property and Area Context
The subject property is located on the west side of Industrial Parkway South, north of
Engelhard Drive. The subject property has an area of approximately 1.5 hectares (3.7
acres) with the subject unit (Unit 23) having an approximate area of 110 square metres
(1186 square feet). The subject property features 26 units contained within two (2)
standalone industrial buildings.
Page 26 of 32
March 13, 2025 2 of 6 Report No. MV-2025-04
Proposal
The applicant is requesting to permit a Personal Service Shop use in the “E2 – General
Employment Zone”. The applicant requests this variance to facilitate a cosmetic service
shop.
Official Plan
The subject property is designated “General Industrial” by the Town of Aurora Official
Plan. This designation is intended to ensure long-term protection and continued evolution
of existing industrial areas in the Town. A broad range of employment opportunities as
well as ancillary service and small-scale retail uses are permissible.
Zoning
The subject property is zoned “E2 – General Employment Zone” under Zoning By-law
6000-17, as amended. This zoning does not list Personal Service Shop as a permitted
use.
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 applicant is proposing to permit a Personal
Services Shop (aesthetic/cosmetic service shop), however the E2 – General
Employment Zone does not allow for the intended use. The proposed business will
provide services including cosmetics such as makeup, eyelash extensions, and nails
cosmetics; skin treatments such as facials, peels, and microneedling; laser services
such as laser hair removal, skin tightening, and photo-rejuvenation; and cosmetic
injectables such as botox, fillers, and skin boosters. Services are offered by
appointment only as walk-ins are not accepted. The business will be operated by the
owner who will be providing the services/treatments, and a receptionist/office manager.
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2025-04 pursuant to the
prescribed tests as set out in Section 45(1) of the Planning Act, as follows:
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March 13, 2025 3 of 6 Report No. MV-2025-04
a) The proposed variance meets the general intent of the Official Plan
The subject property is designated “General Industrial” by the Town of Aurora Official
Plan. This designation is intended to ensure the long-term protection and continued
evolution of existing, older industrial areas. Within this designation, a broad range of
employment opportunities as well as ancillary service and small-scale retail uses are
permissible. As such, the proposed cosmetic service shop is permitted under the
General Industrial designation. The intent to permit service commercial uses is to
provide various services with convenience for workers as well as the local community.
The proposed variance also algins with the vision and fundamental principles outlined
in the Official Plan through the “Advancing the Economy” principle. This speaks to
encouraging a competitive business environment and ultimately advancing and
sustaining Aurora’s long-term economic prosperity. The proposed minor variance
application enhances the ability to live, work, and play within the Town of Aurora.
Planning staff are of the opinion that the requested minor variance maintains the
general intent and purpose of the Official Plan.
b) The proposed variance meets the general intent of the Zoning By-law
The subject lands are zoned “E2 – General Employment” by Zoning By-law 6000-17,
as amended, which permits a wide variety of uses such as industrial uses, offices, pet
services, dry cleaning establishments, fitness centres, and service shops.
The intent of the Zoning By-law provision is to preserve the Town’s employment
lands, protect from conflicting uses and avoid potential vehicular movement and
parking conflicts. The proposed cosmetic service shop is considered as a service
commercial use, which is permitted in the Town’s Official Plan employment
designation. Additionally, the proposed service commercial use aligns closely with
other permitted service commercial uses in the E2 Zone, such as Dry Cleaning
Establishments and Pet Services.
Given that the proposed service commercial use is by appointment only and does not
service walk-in customers, Staff anticipate the additional traffic will be controlled and
no adverse impact to the vehicular movement and parking supply on site.
As such, Staff are of the opinion that the proposed variance meets the general intent
of the Zoning By-law.
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March 13, 2025 4 of 6 Report No. MV-2025-04
c) The proposed variance is considered desirable for the appropriate development of the
land
The subject property is located in an area of the Town where it is predominantly
contains employment, industrial, and manufacturing uses. The proposed service
commercial use is within Unit 23 of an industrial building complex. Currently, the
industrial complex contains a wide range of tenants including a butcher shop, a
gem/rock retailer, as well as offices and industrial uses.
Adding a cosmetic service shop to an existing industrial plaza is considered to be
desirable as it will help the industrial plaza to thrive by diversify the range of services
available, making the plaza more attractive to a wider range of tenants and
customers.
It is Staff’s opinion that the variance is considered desirable for the appropriate
development of the land.
d) The proposed variance is considered minor in nature
The request to add a cosmetic Service Shop use to a building with existing Industrial
and Service uses is minor in nature and will not negatively impact the industrial building
or surrounding area. The subject variance maintains the integrity of the Official Plan
and Zoning Bylaw and will not have an impact on the existing operations or uses.
Furthermore, there are no physical changes proposed to the building, aside from
superficial designs associated to the business.
Given the types of uses immediately surrounding the propos ed location of the
business, their hours of operation, the proposed use of the subject property will not
detract from the overall site and surrounding area’s employment/industrial character.
Overall, staff considers the proposed variances 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.
Engineering Division No objection.
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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 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 the requested variance subject to the condition outlined in Appendix ‘A’.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Proposed Site Plan
Appendix ‘A’ – Conditions of Approval
Operational Services (Parks) No objection.
Operational Services
(Public Works) No objection.
Central York Fire Services No objection.
York Region No objection.
LSRCA No objection.
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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.
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Proposed Property
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