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Minutes - Committee of Adjustment - 20230713 1 Town of Aurora Committee of Adjustment Meeting Minutes Date: Time: Location: Thursday, July 13, 2023 7:00 p.m. Video Conference Committee Members: David Mhango Chris Polsinelli Michael Visconti Julian Yang Members Absent: Jane Stevenson Other Attendees: Adam Robb, Senior Planner, Development/Heritage Peter Fan, Secretary-Treasurer, Committee of Adjustment _____________________________________________________________________ 1. Call to Order That the meeting be called to order at 7:01pm 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. 2 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. 3. Approval of the Agenda Moved by Julian Yang Seconded by Chris Polsinelli 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 June 8, 2023, Meeting Number 23-06 Moved by Michael Visconti Seconded by Chris Polsinelli That the Committee of Adjustment Minutes from Meeting Number 23-06 be adopted as circulated. Carried 6. Presentation of Applications 6.1 MV-2023-25 - Khosbin - 219 Old Yonge (*Application Deferred by the Town) The Town has requested that the application MV-2023-25 be deferred from the meeting to request a transportation study. Moved by Julian Yang Seconded by Michael Visconti That the Minor Variance Application MV-2023-25 be deferred to a future meeting. Carried 3 6.2 MV-2023-27 - 2493862 Ontario Inc - 83 Richardson Drive The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate the construction of a new two (2) storey detached dwelling. The following relief is being requested. 1. Section 24.497.3.2 of the Zoning By-law requires a minimum interior side yard setback of 3.0 metres beyond the main rear wall of the adjacent dwellings. The applicant is proposing a two-storey detached dwelling, with interior side yard setbacks of 1.5 metres on both the east and west property lines. The Chair invited the Applicant or Owner to address the Committee. In attendance was the applicant Frankie He and Liang Chuan. The applicant gave a brief introduction to their application The Chair invited members of the public to provide comments. In attendance was Chris Ballard, President, of the Regency Acres Ratepayers Association was present in opposition of the proposal. The delegate provided a brief explanation for their opposition. Citing concerns regarding the height, and size to the surround and adjacent dwellings in the neighborhood. The Committee looked to conflrm with staff to see if the surrounding neighborhood has approved application with similar variances. Staff provided several examples of previously approved applications within the surrounding neighborhood. The Committee also inquired to see if the applicant had reached out to the residents in the area in regards to their proposal. Moved by Michael Visconti Seconded by Chris Polsinelli That the Minor Variance Application MV-2023-27 be APPROVED. Carried 6.3 MV-2023-24 - Kaptyn - 28 Steeplechase Ave The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate the construction of a one (1) storey detached accessory pool house within the 4 signiflcant woodland natural heritage feature of the subject property. The following relief is being requested: 1. Section 14.1.2 (ii) of the Zoning By-law states that no development or site alteration shall occur on that portion of said lot that is within the key natural heritage feature, without an amendment to, or relief from the Zoning By-law. The applicant is proposing to construct an accessory pool house within a woodland feature. 2. Section 14.1.4 (i) of the Zoning By-law states that no development or site alteration shall occur on that portion of the lot that contains a signiflcant woodland, without amendment to, or relief from the Zoning By-law. The applicant is speciflcally proposing to construct an accessory pool house building. The Chair invited the Applicant or Owner to address the Committee. In attendance was the agent David Eqbal. There were no live delegates present to provide comments. 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 distance of the setback from the existing dwelling and the proposed accessory structure. The committee also inquired about any connecting pathways/routes that the dwelling has to the accessory dwelling. The committee continued to ask clariflcation on the proposed conditions subject to the approval of the application. Moved by Julian Yang Seconded by Chris Polsinelli That the Minor Variance Application MV-2023-24 be APPROVED. Carried 6.4 MV-2022-36 - Rallis - 12 Buchanan Cres The 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 cabana accessory structure. The following relief is being requested: 5 1. Section 7.2 of the Zoning By-law requires a minimum exterior side yard of 6.0 metres. The applicant is proposing a cabana accessory structure which is 1.3 metres to the exterior side property line. The Chair invited the Applicant or Owner to address the Committee. In attendance was the owner Constantine Rallis. The owner 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 letters of support and objections and asked for clariflcation on the timeline of the proposed construction. The committee was concerned about the height and size of the structure as it sits on the retaining wall. The committee also inquired to see if the accessory structure could be moved. Moved by Julian Yang That the Minor Variance Application MV-2022-36 be APPROVED. Defeated Moved by Michael Visconti That the Minor Variance Application MV-2022-36 be DEFERRED. Defeated Moved by Chris Polsinelli Seconded by Michael Visconti That the Minor Variance Application MV-2022-36 be be DENIED. Carried 6.5 MV-2023-26 - 14889 Yonge St Inc- 14889 Yonge St The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to permit the operation of a Pet Service (animal day care for dogs) that features an outdoor play area and overnight accommodation for the animals. A 6 conceptual site plan and fioor plan are attached as Appendix ‘B’ to this report. The following relief is being requested: 1. Under the deflnition of Pet Services in the Zoning By-law, the use requires: a. that it be placed within a wholly enclosed building. b. that animal day cares shall not include overnight accommodation. The applicant is proposing an outdoor play area for the pet services and overnight accommodation for animals. The Chair invited the Applicant or Owner to address the Committee. In attendance was the owner Anna Sankar. The owner provided a brief presentation and introduction to their application. The Chair invited members of the public to provide comments. There were three (3) public delegates in attendance for this application. In attendance was Michael Waitzer, Melissa Scanes, and Terri Molly. The delegates Michael and Melissa were in attendance, in support of the application, whereas Terri in Opposition. The delegates provided a brief explanation on their stance of the application. The Committee inquired about the location of the outdoor play area, height of the fence, and protective measures put in place to keep the animals in. The committee further about the noise, and smell on site produced by the nature of the business. Moved by Michael Visconti Seconded by Chris Polsinelli That the Minor Variance Application MV-2023-26 be APPROVED. Carried 6.6 C-2023-03 - Gottardo 404 (Aurora) Inc. - 125 & 175 Eric T Smith The purpose of the consent application is to sever portions of the property municipally known as 125-175 Eric T Smith Way to create two (2) new parcels (Parcel “A” and “B”) and retain a portion of the lands (Parcel “C”). 7 The proposed consent will result in three (3) distinct parcels, as shown in the attached Appendices and further identifled as follows: Parcel “A” – Staybridge Hotel The proposed severed parcel is identifled as Parts 3 through 10 on the draft plan of consent (Appendix B). The purpose of Parcel A is to accommodate a future 125-unit Staybridge Hotel. Parcel A has a total area of 0.894 hectares. Parcel “B” – Internal Roadway Access from Eric T Smith Way The proposed severed parcel identifled as Parts 1 and 2 on the draft plan of consent (Appendix B). The purpose of Parcel B is to a north-south private roadway with private infrastructure that will connect to Eric T Smith Way to service Parcel A and Parcel C. Parcel B has a proposed lot area of 0.135 hectares. Parcel “C” – Retained Parcel for future use The proposed retained parcel is identifled as Parts 11 through 14 on the draft plan of consent (Appendix B). Parcel C has a proposed lot area of 1.069 hectares and will be retained for a future use. The Chair invited the Applicant or Owner to address the Committee. In attendance was the agent David Barnard . 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 sought further clariflcation on the proposed to the surround context, the location of the proposed variances on site and the height to the adjacent hotel. Moved by Michael Visconti Seconded by Julian Yang That the Minor Variance Application C-2023-03 be APPROVED. Carried 6.7 MV-2023-21 - Gottardo 404 (Aurora) Inc. - 175 Eric T Smith 8 The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to address technical lotting elements of the related consent application (C-2023-03), and to facilitate the development of a 125-unit Staybridge Hotel on Parcel “A”, as shown in the attached Appendices. The corresponding parcels of the consent application will serve as an internal roadway (Parcel “B”) and a future employment use (Parcel “C”). The following relief is speciflcally being requested: Parcel “A” – Staybridge Hotel 1. Section 10.2 of the Zoning By-law requires a minimum lot area of 1.0 hectares. The applicant is proposing a lot area of 0.894 hectares for Parcel “A”. 2. Section 10.2 of the Zoning By-law requires a minimum lot frontage of 60 metres, as measured from Eric T Smith Way. The applicant is technically proposing a lot frontage of 0 metres on Eric T Smith Way, as the parcel is planned to be accessed internally through a newly created roadway. 3. Section 10.2 of the Zoning By-law permits a maximum building height of 13.5 metres. The applicant is proposing a building height of 23.4 metres. 4. Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the north lot line of 3.0 metres. The applicant is proposing a landscaping strip of 0 metres, as landscaping is already provided along that property boundary. 5. Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the south lot line of 3.0 metres. The applicant is proposing a landscaping strip of 1.5 metres. 9 6. Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the west lot line of 3.0 metres. The applicant is proposing a landscaping strip of 1.8 metres. 7. Section 5.4 of the Zoning By-law requires a minimum of 152 parking spaces. The applicant is proposing 129 parking spaces. 8. Section 10.3 of the Zoning By-law requires a minimum of 4 loading spaces. The applicant is proposing 1 loading space. Parcel “B” – Internal Roadway Access from Eric T Smith Way 9. Section 10.2 of the Zoning By-law requires a minimum lot area of 1.0 hectares. The applicant is proposing a lot area of 0.135 hectares for Parcel “B”. 10. Section 10.2 of the Zoning By-law requires a minimum lot frontage of 60 metres, as measured from Eric T Smith Way. The applicant is proposing a lot frontage of 13.3 metres, as this matches the existing site frontage and the parcel is planned to serve as a roadway only. 11. Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the west lot line of 3.0 metres. The applicant is proposing a landscaping strip of 1.65 metres. 12. Section 10.2 of the Zoning By-law requires a minimum landscaping strip from the east lot line of 3.0 metres. The applicant is proposing a landscaping strip of 1.85 metres. Parcel “C” – Retained Parcel for future use Section 10.2 of the Zoning By-law requires a minimum lot frontage of 60 metres, as measured from Eric T Smith Way. The applicant is technically proposing a lot frontage of 0 metres to Eric T Smith Way, as the parcel is planned to be accessed internally through a newly created roadway. 10 The Chair invited the Applicant or Owner to address the Committee. In attendance was the agent David Barnard . 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 sought further clariflcation on the proposed to the surround context, the location of the proposed variances on site and the height to the adjacent hotel. Moved by Chris Polsinelli Seconded by Julian Yang That the Minor Variance Application MV-2023-21 be APPROVED. Carried 7. New Business None. 8. Adjournment Moved by Julian Yang Meeting be adjourned at 10:12pm Carried