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Minutes - Committee of Adjustment - 20210211 1 Town of Aurora Committee of Adjustment Meeting Minutes Date: Time: Location: Thursday, February 11, 2021 7:00 p.m. Video Conference Committee Members: Tom Plamondon (Chair) Daniel Lajeunesse Steven D'Angeli Michele Boyer Other Attendees: Brashanthe Manoharan, Secretary-Treasurer Matthew Peverini, Planner Anna Henriques, Manager of Development Linda Bottos, Council/Committee Coordinator _____________________________________________________________________ 1. Procedural Notes This meeting will be held electronically as per Section 19. i) of the Town's Procedure By-law No. 6228-19, as amended, due to the COVID-19 situation. This meeting will be live streamed at https://www.youtube.com/user/Townofaurora2012/videos. 2. Approval of the Agenda Moved by Daniel Lajeunesse Seconded by Steven D'Angeli That the Agenda as circulated by the Secretary-Treasurer be approved. 2 Carried 3. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 4. Receipt of the Minutes 4.1 Committee of Adjustment Meeting Minutes of January 14 2021, Meeting Number 21-01 That the Committee of Adjustment Minutes from the Meeting Number 21- 01 be adopted as printed and circulated. Moved by Steven D'Angeli Seconded by Michele Boyer Carried 5. Presentation of Applications 5.1 C-2021-03 - Perwick Investments - 304 Wellington Street East The applicant is seeking provisional consent to establish a lease for a period of time exceeding twenty-one (21) years on the subject property. The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant, Raphael Romeral from Dillon Consulting Ltd. The applicant provided a brief description of the Consent Application in which was applied for. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. Moved by Daniel Lajeunesse Seconded by Michele Boyer 1. That the Consent Application C-2021-03 be APPROVED, subject to the conditions in Appendix “A” of the staff report. Carried 3 5.2 C-2021-01 - 1623 Wellington Street Developments Inc. - 1623 Wellington Street East The purpose of the proposed consent applications C-2020-01 and C-2021- 04 is to facilitate the creation of one new lot fronting Wellington Street East and an easement for servicing and access. Further details on each application are provided below: C-2021-01 The applicant is requesting provisional consent to: a) Sever and convey a parcel of land (Part 5) with an approximate area of 1.13 hectares (2.8 acres) and lot frontage of 106 metres (347 feet) on Wellington St East; and, b) Retain lands (Parts 1, 2, 3, 4, 6 and 7) with an approximate area of 9.38 hectares (23.2 acres), and frontage onto Wellington Street East. C-2021-04 The applicant is requesting provisional consent to: a) Grant an easement for access over Parts 3, 6, and 7 in favour of Parts 5, 8 and 9; and b) Grant an easement for servicing over Part 6 in favour of Part 5 The Chair invited the Applicant or Agent to address the Committee. In attendance was the Applicant Nikolas Papapetrou from Smart Centres. The applicant provided a brief description of the Minor Variance Application in which was applied for. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. The Committee inquired about purchase of sales for future applications and direct access to Wellington Street East. The applicant provided clarification on the status of the planning applications and access. Moved by Steven D'Angeli Seconded by Michele Boyer 1. That the Consent Application C-2021-01 be APPROVED, subject to the conditions in Appendix “A” of the staff report. 4 Carried 5.3 C-2021-04 - 1623 Wellington Street Developments Inc. - 1623 Wellington Street East Moved by Steven D'Angeli Seconded by Daniel Lajeunesse 1. That the Consent Application C-2021-04 be APPROVED, subject to the conditions in Appendix “A” of the staff report. Carried 5.4 C-2021-02 - Aurora Self Storage Inc. - 1623 Wellington Street East The purpose of the proposed consent applications C-2021-02, C-2021-05, C-2021-06 is to facilitate the creation of one new lot fronting Wellington Street East and easements for servicing and access. Further details on each application are provided below: C-2021-02 The applicant is proposing provisional consent to: a) Sever and convey a parcel of land (Parts 10 and 11) with an approximate area of 2.53 hectares (6.24 acres) and lot frontage of 194 metres (636 feet); and, b) Retain lands (Parts 8 and 9) with an approximate area of 0.64 hectares (1.58 acres), and frontage onto the future extension of Goulding Avenue (Part 1). C-2021-05 The applicant is proposing provisional consent to: a) Grant an easement for access over Parts 8 and 10, in favour of Parts 1, 2, 3, 4, 5, 6 and 7; and, b) Grant an easement for servicing over Part 10, in favour of Parts 1, 2, 3, 4, 5, 6 and 7. C-2021-06 The applicant is proposing provisional consent to: 5 a) Grant an easement for access over Part 10, in favour of Parts 8 and 9. Moved by Daniel Lajeunesse Seconded by Steven D'Angeli 1. That the Consent Application C-2021-02 be APPROVED, subject to the conditions in Appendix “A” of the staff report. Carried 5.5 C-2021-05 - Aurora Self Storage Inc. - 1623 Wellington Street East Moved by Daniel Lajeunesse Seconded by Steven D'Angeli 1. That the Consent Application C-2021-05 be APPROVED, subject to the conditions in Appendix “A” of the staff report. Carried 5.6 C-2021-06 - Aurora Self Storage Inc. - 1623 Wellington Street East Moved by Daniel Lajeunesse Seconded by Michele Boyer 1. That the Consent Application C-2021-06 be APPROVED, subject to the conditions in Appendix “A” of the staff report. Carried 5.7 MV-2021-02 - English - 12 Hawthorne Lane The applicant is requesting relief from the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate the development of a two-storey Single-Detached Dwelling. The following relief from the requirements of the Town’s Zoning By-law 6000-17, as amended, is requested: a) Section 7.2 of the Zoning By-law requires a minimum interior side yard of 3.0 metres. The applicant is proposing a two- storey detached dwelling unit, which is 1.8 metres to both interior side property lines. 6 b) Section 7.2 of the Zoning By-law requires a minimum front yard of 9.0 metres. The applicant is proposing a two-storey detached dwelling unit which is 8.6 metres to the front yard property line. c) Section 5.61 (iii) of the Zoning By-law allows a maximum driveway width of 10. 0 meters if the lot frontage is 18.0 meters or greater, with the exception that the maximum driveway at the street line shall not exceed 6.0 meters. The applicant is proposing a driveway width of 6.4 meters at the street line. The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant Jordan Kolm. The applicant provided a brief description of the Minor Variance Application in which was applied for. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. The Committee inquired why the proposal is unable to comply with the current provisions, recognizing that the existing dwelling is a non- complying structure, and expressed concerns on the general conformity and compatibility of the proposal. The applicant stated that the requested variances are minor in nature and that the proposal is in keeping with the existing character of the neighbourhood. Through discussion with the Committee and the Applicant, the Applicant amended the requested variances, to eliminate variance B (front yard variance). Moved by Steven D'Angeli Seconded by Michele Boyer 1. That the Minor Variance Application MV-2021-02 be APPROVED as amended, subject to the conditions in Appendix “A” of the staff report. Carried 5.8 MV-2021-06 - Gamble - 14 Hawthorne Lane The applicant is requesting relief from the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate the development of a two-storey 7 Single-Detached Dwelling. The following relief from the requirements of the Town’s Zoning By-law 6000-17, as amended, is requested: a) Section 7.2 of the Zoning By-law requires a minimum interior side yard of 3.0 metres. The applicant is proposing a two- storey detached dwelling unit, which is 1.8 metres to the interior side property line. b) Section 7.2 of the Zoning By-law requires a minimum interior side yard of 3.0 metres. The applicant is proposing a two- storey detached dwelling unit, which is 1.3 metres to the interior side property line. c) Section 7.2 of the Zoning By-law requires a minimum front yard of 9.0 metres. The applicant is proposing a two-storey detached dwelling unit which is 7.0 metres to the front yard property line. d) Section 5.61 (iii) of the Zoning By-law allows a maximum driveway width of 10.0 meters if the lot frontage is 18.0 meters or greater, with the exception that the maximum driveway at the street line shall not exceed 6.0 meters. The applicant is proposing a driveway width of 6.7 meters at the street line. The Chair invited the Applicant or Agent to address the Committee. In attendance was the owner, Patrick Gamble. The owner provided a brief description of the Minor Variance Application in which was applied for. The Chair invited members of the public to provide comments. In attendance was Stephen Hunt. The delegate provided comments through a presentation. The Committee inquired about requested front yard setback variance as it relates to the streetscape and character of the neighbourhood, as well as the possibility of improving the requested variances to address concerns brought forward by the Committee and residents. Through discussion the owner agreed to amend the requested front yard variance from 7.0m to 8.46m, and the requested interior side yard variance of 1.3m to 1.8m. 8 Moved by Daniel Lajeunesse Seconded by Michele Boyer 1. That the Minor Variance Application MV-2021-06 be APPROVED as amended, subject to the conditions in Appendix “A” of the staff report. Carried 5.9 MV-2021-03 - Aurora (HGD) Inc. - 21 Golf Links Drive, Lot 30 The owner/applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to increase the lot coverage for a proposed two storey dwelling. The following relief is being requested: a) Section 24.465.6 of the Zoning-law allows a lot coverage of 38.0% for a two storey dwelling. The applicant is proposing a lot coverage of 39.3% The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant Cheryl Shindruk. The applicant provided a brief description of the Minor Variance Application in which was applied for. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. The Committee inquired about what had changed in the process since the passing of the site specific Zoning By-law to the requested variances. The applicant informed the Committee about the conditional sale process with potential buyers, and that the requested variance meets the four tests of the Planning Act. The Committee further inquired if there was a possibility for the lots in question to comply with the existing zoning provisions, as per the decision from the OMB. The applicant stated that the Minutes of Settlement anticipated potential variances, Moved by Steven D'Angeli Seconded by Daniel Lajeunesse 1. That the Minor Variance Application MV-2021-03 be APPROVED as subject to the conditions in Appendix “A” of the staff report. 9 Carried 5.10 MV-2021-04 - Aurora (HGD) Inc. - 21 Golf Links Drive, Lot 42 The owner/applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to increase the lot coverage for a proposed two storey dwelling. The following relief is being requested: a) Section 24.465.6 of the Zoning-law allows a lot coverage of 35% for a two storey dwelling. The applicant is proposing a lot coverage of 41.1% The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant Cheryl Shindruk. The applicant provided a brief description of the Minor Variance Application in which was applied for. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. The Committee inquired about the increased variation of this application in comparison to the existing provisions of the Zoning By-law, and the incompatibility between the neighbouring communities. THe applicant stated that they had reached out to the neighbouring communities to address any concerns that would be raised. Moved by Steven D'Angeli Seconded by Michele Boyer 1. That the Minor Variance Application MV-2021-04 be DENIED. Carried 5.11 MV-2021-05 - Aurora (HGD) Inc. - 21 Golf Links Drive, Lot 43 The owner/applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to increase the lot coverage for a proposed two storey dwelling. The following relief is being requested: 10 a) Section 24.465.6 of the Zoning-law allows a lot coverage of 37% for a two storey dwelling. The applicant is proposing a lot coverage of 41.5% The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant Cheryl Shindruk and Matthew Cory. The Chair invited members of the public to provide comments. There were no live delegates present to provide comments. The applicant clarified that the intent of the site specific zoning was to provide a variation of coverage for the lots, since the original proposal was not to include a coverage provision. The application further stated that the requested variances do present a variation in comparison to the abutting corner lot which is much larger. Moved by Daniel Lajeunesse Seconded by Michele Boyer 1. That the Minor Variance Application MV-2021-05 be APPROVED as subject to the conditions in Appendix “A” of the staff report. Carried 5.12 MV-2020-23 - Esrafili - 60 Fairway Drive The owner/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 two-storey single detached dwelling. The Chair invited the Applicant or Agent to address the Committee. In attendance was the applicant, Frank D'Amico, who agreed in writing to defer the application to the next Committee of Adjustment meeting. Moved by Daniel Lajeunesse Seconded by Michele Boyer 1. That the Minor Variance Application MV-2020-23 be DEFERRED. Carried 6. New Business 11 The Chair provided an update to the vacant Vice-Chair position. The Committee appointed Daniel Lajeunesse as the Vice-Chair. Moved by Michele Boyer Seconded by Steven D'Angeli 1. That Daniel Lajeunesse be appointed as Vice-Chair. Carried 7. Adjournment Moved by Steven D'Angeli That the meeting be adjourned at 12:00AM. Carried