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Minutes - Committee of Adjustment - 20240208 1 Town of Aurora Committee of Adjustment Meeting Minutes Date: Time: Location: Thursday, February 8, 2024 7:00 p.m. Video Conference Committee Members: David Mhango (Chair) Chris Polsinelli Jane Stevenson (Vice Chair) Michael Visconti Julian Yang Other Attendees: Adam Robb, Manager of Policy Planning, Heritage Peter Fan, Secretary-Treasurer, Committee of Adjustment _____________________________________________________________________ 1. Call to Order That the meeting be called to order at 7:03pm 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. 2 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 Julian Yang Seconded by Michael Visconti 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 11, 2024, Meeting Number 24-01 Moved by Jane Stevenson Seconded by Chris Polsinelli That the Committee of Adjustment Minutes from Meeting Number 24-01 be adopted as circulated. Carried 6. Presentation of Applications 6.1 MV-2023-44 - The Biglieri Group - 100 Goulding Avenue The applicant has requested a deferral of the above noted minor variance application for 100 Goulding Avenue (MV-2023-44), which is also supported by Staff. Additional time is needed for more detailed drawings to be provided and a review to be undertaken of the intended uses of the proposed development. This delay will allow staff to thoroughly assess and re-evaluate the development, with appropriate notice to also be delivered regarding the need for any additional variances as required. Staff recognize the importance of making informed decisions and believe the requested 3 deferral will enable a more accurate and aligned interpretation of the Zoning By-law provisions. Moved by Julian Yang Seconded by Chris Polsinelli That the Minor Variance Application MV-2023-44 be DEFERRED. Carried 6.2 MV-2023-39 - Tobin - 38 Marsh Harbour The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to legalize an existing shed in the rear yard of the subject property. A site plan is attached as Appendix ‘B’ to this report. The following relief is being requested: 1. Section 7.2 of the Zoning By-law requires a minimum side yard setback of 1.2 metres. The shed is located 0.41 m to the side lot line. 2. Section 4.1.1 of the Zoning By-law requires a minimum rear yard setback of 1 metre for an accessory structure. The shed is located 0.43 m to the rear lot line. 3. Section 4.12.2(b) of the Zoning By-law requires a minimum distance separation of 1.2 metres from a structure to the nearest edge of the water contained in a pool. The shed is located 0.97 metres to the water’s edge. The Chair invited the Applicant or Owner to address the Committee. In attendance was the owner Michael Tobin. 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 distance between the pool and the shed and whether the applicant would be open to provide caution signages near the shed. Moved by Chris Polsinelli Seconded by Jane Stevenson 4 That the Minor Variance Application MV-2023-39 be APPROVED. Carried 6.3 C-2023-09 - Cspace Architecture Inc. - 122 Gurnett St The proposed consent application is to sever the subject lands as follows (see Appendix ‘B’): Proposed Severed Lands: Part 1 of the Draft Plan of Severance (western half) Proposed Retained Lands: Part 2 of the Draft Plan of Severance (eastern half) Part 1 will feature a lot area of 265.0 m2 (2,852 ft2) and a lot frontage of 19.01 m (62.3 ft) along Kennedy Street East. Part 2 will feature a lot area of 269.5 m2 (2,900 ft2) with 14.61 m (47.9 ft) of frontage along Gurnett Street and 17.57 metres (57.6 ft) along Kennedy Street East. The Chair invited the Applicant or Owner to address the Committee. In attendance was the owner and agent Adam Mobbs and Chris Pretotto. The agent provided a brief introduction to their application. The Chair invited members of the public to provide comments. There was one (1) public delegate in attendance for this application. In attendance was Jane Ross, owner of the abutting property at 120 Gurnett Street. Jane provided a presentation stating her opposition to the application. Jane identified concerns for the proposed setback, grading and drainage, and possible foundational damages to their property due to construction. Jane further requests the committee to defer the application until further studies are completed. The Committee sought clarification on the municipal addressing of the newly proposed development and whether the applicant will require an easement to allow for the parking variance as it will be on the Town's right of way. The committee further sought clarification on the 0.43m setback for the fence stating concerns of drainage and grading on site. The Committee inquired to staff to see if a condition can be added to allow for the applicant to work with, and consult the delegate regarding the proposal, post- approval. 5 Moved by Michael Visconti Seconded by Jane Stevenson That the Consent Application C-2023-09 be APPROVED. Carried 6.4 MV-2023-43 - Cspace Architecture Inc. - 122 Gurnett St 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 semi-detached dwelling on the subject property. For further context on the variances requested, the specific yards are technically classified as follows due to the corner lot configuration of the property and related consent: The following relief is being requested: Part 1 – Severed Lot (western half): 1. Section 7.2 of the Zoning By-law requires a minimum cumulative lot area of 650.0 m2 for semi-detached buildings. The existing lot area is 534.5 m2. 2. Section 7.2 of the Zoning By-law requires a minimum front yard setback of 6.0 metres. The applicant is proposing 2.2 metres (Kennedy Street East). 3. Section 4.20 of the Zoning By-law requires a minimum front yard setback of 4.5 metres for porch yard encroachments. The applicant is proposing a porch 1.5 metres to the front property line (Kennedy Street East). 4. Section 4.20 of the Zoning By-law requires a minimum front yard setback of 4.0 metres for balcony yard encroachments. The applicant is proposing a balcony 1.5 metres to the front property line (Kennedy Street East). 5. Section 7.2 of the Zoning By-law requires a minimum rear yard setback of 7.5 metres. The applicant is proposing 1.5 metres. 6. Section 7.2 of the Zoning By-law permits a maximum lot coverage of 35.0%. The applicant is proposing 45.0%. 6 7. Section 5.4 of the Zoning By-law requires a minimum 2 parking spaces per semi-detached dwelling unit. The applicant is proposing 1 parking space. Part 2 - Retained Lot (eastern half): 1. Section 7.2 of the Zoning By-law requires a minimum cumulative lot area of 650.0 m2 for semi-detached buildings. The existing lot area is 534.5 m2. 2. Section 4.20 of the Zoning By-law requires a minimum front yard setback of 4.5 metres for porch step yard encroachments. The applicant is proposing porch steps 3.1 metres to the front property line (Gurnett Street). 3. Section 7.2 of the Zoning By-law requires a minimum exterior side yard of 6.0 metres. The applicant is proposing 2.1 metres (Kennedy Street East). 4. Section 4.20 of the Zoning By-law requires a minimum exterior side yard setback of 3.0 metres for porch yard encroachments. The applicant is proposing a porch 1.5 metres to the exterior side property line (Kennedy Street East). 5. Section 4.20 of the Zoning By-law requires a minimum exterior side yard setback of 4.0 metres for balcony yard encroachments. The applicant is proposing a balcony 1.5 metres to the exterior side property line (Kennedy Street East). 6. Section 7.2 of the Zoning By-law requires a minimum rear yard setback of 7.5 metres. The applicant is proposing 0.0 metres (to the adjoining wall of the semi-detached dwelling). 7. Section 7.2 of the Zoning By-law permits a maximum lot coverage of 35.0%. The applicant is proposing 45.4%. 8. Section 5.4 of the Zoning By-law requires a minimum 2 parking spaces per semi-detached dwelling unit. The applicant is proposing 1 parking space. The Chair invited the Applicant or Owner to address the Committee. In attendance was the owner and agent Adam Mobbs and Chris Pretotto. The agent provided a brief introduction to their application. 7 The Chair invited members of the public to provide comments. There was one (1) public delegate in attendance for this application. In attendance was Jane Ross, owner of the abutting property at 120 Gurnett Street. Jane provided a presentation stating her opposition to the application. Jane identified concerns for the proposed setback, grading and drainage, and possible foundational damages to their property due to construction. Jane further requests the committee to defer the application until further studies are completed. The Committee sought clarification on the municipal addressing of the newly proposed development and whether the applicant will require an easement to allow for the parking variance as it will be on the Town's right of way. The committee further sought clarification on the 0.43m setback for the fence stating concerns of drainage and grading on site. The Committee inquired to staff to see if a condition can be added to allow for the applicant to work with, and consult the delegate regarding the proposal, post- approval. Moved by Michael Visconti That the Minor Variance Application MV-2023-43 be DEFERRED Defeated Moved by Chris Polsinelli Seconded by Jane Stevenson That the Minor Variance Application MV-2023-43 be APPROVED as AMENDED Carried 7. New Business None 8. Adjournment That the meeting be adjourned at 9:09pm. Moved by Michael Visconti 8 Carried