Minutes - Committee of Adjustment - 20220414 1
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Town of Aurora
Committee of Adjustment
Meeting Minutes
Date:
Time:
Location:
Thursday, April 14, 2022
7:00 p.m.
Video Conference
Committee Members: Tom Plamondon (Chair)
Daniel Lajeunesse
Steven D'Angeli
Linda Duringer
David Mhango
Other Attendees: Brashanthe Manoharan, Secretary-Treasurer
Ishita Soneji, Council/Committee Coordinator
Sean Lapenna, Planner
_____________________________________________________________________
1. Call to Order
2. Approval of the Agenda
That the Agenda as circulated by the Secretary-Treasurer be approved.
Moved by Linda Duringer
Seconded by Steven D'Angeli
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
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4.1 Committee of Adjustment Meeting Minutes of March 10, 2022, Meeting
Number 22-03
That the Committee of Adjustment Minutes from Meeting Number 22-03
be adopted as circulated.
Moved by Steven D'Angeli
Seconded by Linda Duringer
Carried
5. Presentation of Applications
5.1 MV-2022-14 - Thompson - 17 Harmon Avenue
The applicant is requesting relief from the Town’s Comprehensive Zoning
By-law 6000-17, as amended, to accommodate a Home Occupation that
permits outdoor swimming lessons. The following relief from the
requirements of the Town’s Zoning By-law 6000-17, as amended, is
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. Minor Variance
required.
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. Minor Variance required.
The Chair invited the Applicant or Owner to address the Committee. In
attendance were the owners Kim and Jason Thompson. The owners
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 parking and safety arrangements (i.e., on-
street parking, driveway). The Committee suggested that the guests do
not block sidewalks when parking on the street.
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Moved by David Mhango
Seconded by Linda Duringer
1.That the Minor Variance Application MV-2022-14 be APPROVED, subject
to the conditions in Appendix “A” of the staff report.
Carried
5.2 MV-2022-09 - Addison Aurora Industrial GP Inc. - 115-155 Addison Hall
Circle
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 3 industrial buildings. The following relief is being
requested:
a) Section 5.5.4(a) of Zoning By-law 6000-17, as amended, limits
the number of driveways to two (2). The applicant is
proposing four (4) driveways
The Chair invited the Applicant or Owner to address the Committee. In
attendance was the applicant, Brad Rogers from Groundswell Urban
Planners Inc. 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 fire and other emergency vehicle access,
potential congestion within the parking lot, and driveway size.
Moved by Linda Duringer
Seconded by Daniel Lajeunesse
1.That the Minor Variance Application MV-2022-09 be APPROVED, subject
to the conditions in Appendix “A” of the staff report.
Carried
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5.3 MV-2022-08 - Silhouette Aurora Inc - 15086, 15094 & 15106 Yonge
Street
The Owner is requesting relief from the requirements of the Town’s
Comprehensive Zoning By-law 6000-17, as amended, to facilitate the
development of 53 stacked townhouse dwelling units on the subject
lands. The following relief is being requested:
a) Section 24.502.2.1 of the Zoning By-law requires a minimum
Lot Area of 4,000 m2. The applicant is proposing a minimum
lot area of 3,994 m2;
b) Section 24.502.2.1 of the Zoning By-law requires a minimum
Lot Frontage of 75.8 m. The applicant is proposing 75.0 m;
c) Section 7.5.2.2 of the Zoning By-law requires any Multi-Unit
Development provide a minimum Amenity Area of 18 m2
meters per dwelling unit, provided a minimum of 50% of the
required Amenity Area is provided as interior Amenity Area.
The applicant is proposing 0 m2 of indoor Amenity Area;
d) Section 4.20 of the Zoning By-law requires that open porches,
uncovered terraces and decks (3.2 m in height or less) may
encroach a maximum of 2.5 m into a required Front and
Exterior Side yards where no case shall be 4.5 m from the
Front Lot Line and 3 m from the Exterior Side Yard Lot Line.
The applicant is proposing 0.7 m from the east property line;
e) Section 4.20 of the Zoning By-law requires that Steps and
Landings may encroach a maximum of 2 m into all yards
where no case shall be closer than 4.5 m from the Front Lot
Line and 2.1 m from the Exterior Side Lot Line. Also, in no
case shall be closer than 0.3 m from the Interior Side Lot Line.
The applicant is proposing 0.0 m from the east property line;
and,
f) Section 4.8.1 (d) states where the rear lot line of any lot in a
non-residential zone abuts a lot in a Residential Zone, a
minimum 3.0 m wide continuous landscaping strip shall be
provided along the abutting lot line of the lot. The applicant is
proposing 1.5 m along the west lot line.
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The Chair invited the Applicant or Owner to address the Committee. In
attendance was the applicant, David Dcharezenko. 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 public accessibility onto the privately
owned properly, as well as the height of the retaining wall and its potential
impacts on abutting properties. Additionally, the Committee inquired
about the location of entrance for each respective dwelling relative to the
abutting sidewalk, and the potential traffic congestion impacts on future
residents.
Moved by David Mhango
Seconded by Linda Duringer
1.That the Minor Variance Application MV-2022-08 be APPROVED, subject
to conditions in Appendix “A” of the staff report.
Carried
5.4 C-2022-01, MV-2022-06, MV-2022-07 - 2776780 Ontario Inc - 99 Mosley
St
The purpose of the proposed consent and variance applications are to
facilitate two semi-detached units and lots on the subject property,
municipally known as 99 Mosely Street. The proposed Consent Plan
showing the parcels to be ‘severed’ and ‘retained’ is attached in Appendix
‘A’.
The applicant is requesting provisional consent to:
a) Sever and convey a parcel of land (Part 2), with an
approximate area of 291.8 m2 (3,140 ft2) and approximate lot
frontage of 7.95 m (26.0 ft); and,
b) Retain a parcel of land (Part 1), with an approximate area of
291.6 m2 (3,138.8 ft2) and approximate lot frontage of 7.95 m
(26.0 ft)
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The applicant is requesting relief from the requirements of Zoning By-law
6000-17, as amended, to facilitate the proposed severance, to permit the
following for the retained lot (File MV-2022-06, Part 1):
a) Section 7.2 of the Zoning By-law requires a minimum lot area
of 650.0 m2 (6,996.5 ft2) for semi-detached dwellings. The
applicant is proposing two-semi-detached dwellings with a lot
area of 583.4 m2 (6,279.6 ft2).
b) Section 7.2 of the Zoning By-law requires a minimum lot
frontage of 20 m (65.6 ft) for semi-detached dwellings. The
applicant is proposing two-semi-detached dwellings with a lot
frontage of 15.9 m (52.2 ft).
The applicant is requesting relief from the requirements of Zoning By-law
6000-17, as amended, to facilitate the proposed severance, to permit the
following for the severed lot (File MV-2022-07, Part 2):
a) Section 7.2 of the Zoning By-law requires a minimum lot area
of 650.0 m2 (6,996.5 ft2) for semi-detached dwellings. The
applicant is proposing two-semi-detached dwellings with a lot
area of 583.4 m2 (6,279.6 ft2).
b) Section 7.2 of the Zoning By-law requires a minimum lot
frontage of 20 m (65.6 ft) for semi-detached dwellings. The
applicant is proposing two-semi-detached dwellings with a lot
frontage of 15.9 m (52.2 ft).
c) Section 24.497.3.2 of the Zoning By-law requires a minimum
interior side yard setback of 3.0 m (9.8 ft) beyond the main
rear wall of the adjacent dwelling. The applicant is proposing
a two-storey semi-detached dwelling with a 1.5 m (4.9 ft)
setback to the interior lot line.
The Chair invited the Applicant or Owner to address the Committee. In
attendance was the applicant, Joanna Fast from Evans Planning, and the
owners 2776780 Ontario Inc. The applicant provided a brief description of
the Consent and Minor Variance Application in which was applied for.
The Chair invited members of the public to provide comments. In
attendance was Graham Ross. The delegate provided comments of the
Consent and Minor Variance Application which was applied for.
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The Committee inquired about tree protection and preservation,
justification of the intent of the minor variance in terms of lot area and
frontage, and whether the proposed development will be compatible
relative to the character of the neighbourhood.
Moved by Steven D'Angeli
Seconded by Daniel Lajeunesse
1. Minor Variance Applications MV-2022-06 and MV-2022-07 be
APPROVED, as amended.
Carried
Moved by Steven D'Angeli
Seconded by Linda Duringer
1. That the Consent Application C-2022-01 be APPROVED, as amended.
Carried
5.5 MV-2022-11 - Hong Li - 130 Wells Street
The owner/applicant is requesting relief from the requirements of the
Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate a
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 setback of 6.0m. The applicant is proposing two-
storey detached dwelling which is 3.5 m (11.5 ft) to the
exterior side yard; and,
b) Section 4.20 of the Zoning By-law permits window bays to
encroach a maximum of 1.0 m into the exterior side yard. The
applicant is proposing a window bay which encroaches 3.0 m
(9.8 ft) to the exterior side yard.
The Chair invited the Applicant or Owner to address the Committee. In
attendance was the applicant, Jack Dougan. 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.
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The Committee inquired about proximity concerns regarding the side yard
setback and the abutting property, stable neighbourhood design
characteristics as per the Town’s Urban Design Guidelines, and tree
preservation and protection.
Moved by Steven D'Angeli
Seconded by David Mhango
1.That the Minor Variance Application MV-2022-11 be APPROVED, subject
to the conditions in Appendix “A” of the staff report.
Carried
5.6 MV-2022-10 - Hilborn -139 Temperance Street
The owner/applicant is requesting relief from the requirements of the
Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate a
carport, a third storey addition, and a two-storey rear addition to the
existing dwelling. The following relief is being requested:
a) Section 24.497.3.2 of the Zoning By-law requires a minimum
interior side yard setback of 1.5 m (4.9 ft). The applicant is
proposing a carport, which is 0.6 m (1.9 ft) to the interior side
property line;
b) Section 24.497.3.2 of the Zoning By-law requires a minimum
interior side yard setback of 3.0 m (9.8 ft) beyond the main
rear wall of the adjacent dwelling. The applicant is proposing
a carport, which is 0.6 m (1.9 ft) to the interior side property
line;
c) Section 24.497.3.2 of the Zoning By-law requires a minimum
interior side yard setback of 1.5 m (4.9 ft). The applicant is
proposing a third-storey addition and a rear two-storey
addition, which is 1.1 m (3.6 ft) to the interior side property
line; and
d) Section 24.497.3.2 of the Zoning By-law requires a minimum
interior side yard setback of 3.0 m (9.8 ft) beyond the main
rear wall of the adjacent dwelling. The applicant is proposing
a third-storey addition and a rear two-storey addition, which is
1.2 m (3.9 ft) to the interior side property line.
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The Chair invited the Applicant or Owner to address the Committee. In
attendance was the applicant, Elroy Van Groll, and the owners Jane
Hilborn and John Tackaberry. 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 depth of the structural foundation, as
well as tree preservation and protection.
Moved by David Mhango
Seconded by Linda Duringer
1.That the Minor Variance Application MV-2022-10 be APPROVED, subject
to the conditions in Appendix “A” of the staff report.
Carried
5.7 MV-2021-12 - Faraji - 74 Centre St
The owner/applicant is requesting relief from the requirements of the
Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate
the development of a triplex building on the subject property. The
following relief is being requested:
a) Section 7.2 of the Zoning By-law requires a minimum lot area
of 835 m2 (8,987.9 ft2) for a Triplex Dwelling. The applicant is
proposing a triplex on an existing property with a lot area of
717.8 m2 (7,726.3 ft2).
b) Section 7.2 of the Zoning By-law requires a minimum lot area
of 21.0 m (68.9 ft) for a Triplex Dwelling. The applicant is
proposing a triplex on an existing property with a lot frontage
of 18.4 m (60.4 ft).
c) Section 7.2 of the Zoning By-law requires a minimum interior
side yard setback of 2.5 m (8.2 ft). The applicant is proposing
an interior side yard setback of 2.0 m (6.6 ft) to a triplex
dwelling.
d) Section 7.2 of the Zoning By-law requires a minimum interior
side yard setback of 2.5 m (8.2 ft). The applicant is proposing
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an interior side yard setback of 1.0 m (0.9 ft) to a detached
garage.
The Chair invited the Applicant or Agent to address the Committee. In
attendance was the owner, Faraji Hassan and applicant David Eqbal. 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. In
attendance was Steve Armes.
The applicant agreed verbally to defer the application to a future
Committee of Adjustment meeting.
Moved by Steven D'Angeli
Seconded by Daniel Lajeunesse
1. That the Minor Variance Application MV-2021-18 be DEFERRED.
Carried
5.8 MV-2022-04 - Ng - 89 Richardson 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 ground floor rear addition to the existing dwelling.
The following relief is being requested:
a) Section 24.497.3.2 of the Zoning By-law requires a minimum
interior side yard of 3.0m (9.8 ft) beyond the main rear wall of
the adjacent dwelling. The applicant is proposing a one-storey
addition, which is 1.9m (6.2ft) to the interior side property
line.
The Chair invited the Applicant or Agent to address the Committee. In
attendance was the agent and applicant, Lina Rodriguez. The appliant
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.
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The Committee inquired about the concerns of the immediate neighbour
relative to the unapproved construction of the property, as well as the
ongoing construction being inconsistent with the zoning of the property.
Moved by Steven D'Angeli
Seconded by Linda Duringer
1.That the Minor Variance Application MV-2022-04 be APPROVED, subject
to the conditions in Appendix “A” of the staff report.
Carried
5.9 MV-2021-29 - Mody - 222 Ridge Road
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 new single detached dwelling. The following relief is
being requested:
a) Section 14.1 states that no person shall use the land, including
expanding, enlarging or otherwise altering an existing use, building or
structure, for any reason other than a use legally existing as of Nov. 15,
2001, without amendment to, or relief from the Zoning By-law. The
applicant is proposing to construct a two-storey detached dwelling.
b) Section 14.4(i) states the net developable area of the site that is
disturbed shall not exceed 25% of the total site area within a Category 1
Landform Conservation Area. The applicant is proposing a disturbed area
of 29.4%
c) Section 14.1.b of the Zoning By-law requires a minimum west interior
side yard setback of 9.0m. The applicant is proposing a two-storey
detached dwelling, which is 2.0m to the west interior side property line.
d) Section 14.1.b of the Zoning By-law requires a minimum east interior
side yard setback of 4.5m. The applicant is proposing a two-storey
detached dwelling, which is 2.5m to the east interior side property line.
The Chair invited the Applicant or Owner to address the Committee. In
attendance was the applicant, Julius Horvath from Julius Horvath
Architect Incorporated, and the owner, Tejas Mody. The applicant provided
a brief description of the Minor Variance Application in which was applied
for.
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The Chair invited members of the public to provide comments. In
attendance was Graham Constantine and Richard Berman. The delegates
provided comments of the Minor Variance Application which was applied
for.
The Committee inquired about accessibility into the garage of the
dwelling, the potential impacts to the quality of the neighbour’s well water,
and how the quality of the well water will be adequately tested.
Moved by Daniel Lajeunesse
Seconded by David Mhango
1.That the Minor Variance Application MV-2021-29 be APPROVED, as
amended.
Carried
6. New Business
The Committee thanked Sam Yew and Matthew Peverini for their support to the
Committee of Adjustment as well as to the Town of Aurora.
7. Adjournment
Moved by Daniel Lajeunesse
That the meeting be adjourned 11:52 PM.
Carried