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Agenda - Committee of Adjustment - 20230708Town of Aurora Committee of Adjustment Meeting Agenda Date:Thursday, June 8, 2023 Time:7:00 p.m. Location:Video Conference Due to the COVID-19 pandemic, meetings will be available to the public via live stream only 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 May 11, 2023 Meeting Number 23-05 That the Committee of Adjustment Minutes from Meeting Number 23-05 be adopted as circulated. 6.Presentation of Applications 6.1 MV-2023-21 - Gottardo 404 (Aurora) Inc. - 175 Eric T Smith (*Application deferred at the request of the applicant) 6.2 C-2023-03 - Gottardo 404 (Aurora) Inc. - 125 & 175 Eric T Smith (*Application deferred at the request of the applicant) 6.3 MV-2023-22 - Kramer - 43 Wells Street 1 7.New Business 8.Adjournment 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-202 3 -22 _______________________________________________________________________________________ Subject: Minor Variance Application Kramer 43 Wells Street Plan 68, Part Lot 13 & 14; RS65R3246 Part 1 & 2 File: MV-2023-22 Prepared by: Katherine Gatzos, Planner Department: Planning and Development Services Date: June 8, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to convert an existing detached accessory structure (garage) to an additional residential unit, which is permitted as of right by Provincial Bill 23. The following relief is being requested: a) Section 24.497.8 of the Zoning By-law requires the height of an accessory structure to be 4.5 metres to the peak/highest point or 3.5 metres to the mid point of the roof, whichever overall height is less. The applicant is proposing a detached accessory structure (flat roof) with a building height of 5.24 metres (measured to the highest point). Thus, a variance of 0.74 metres is required. The subject lands previously obtained a minor variance approval to increase the accessory building height to 5.24 metres for a sloped roof. The proposed variance is necessary to reflect the building height calculation for a flat roof. Page 1 of 13 June 8, 2023 2 of 9 Report No. MV-2023-22 Background Subject Property and Area Context The subject property, municipally known as 43 Wells Street, is located on the east side of Wells Street, north of Mosley Street and south of Wellington Street East. The property is rectangular in shape with a lot area of approximately 304.1 sq m (3273.31 sq ft) and an approximate frontage of 12.65 m (41.5 ft). There is an existing one storey dwelling and detached garage on the subject property. The neighbourhood is generally characterized by one and two-storey residential properties with instances of infill development. Previous Planning Application A minor variance application was approved in 2012 (D13-20-12) to permit the construction of a detached garage with increase building height (5.24m), lot coverage, driveway width with reduced rear yard and interior side yard setbacks. The intent of these variances was to facilitate additional storage space within a detached garage. Proposal The applicant is seeking to convert the existing detached accessory garage on the subject property to create an additional residential unit, which is permitted under Provincial Bill 23. The applicant is proposing to change the existing sloped roof of the structure to a flat roof, which has changed how building height is measured. Changing the slope of the roof allows for more headroom and livable space. Provincial Bill 23, the More Homes Built Faster Act, 2022 Provincial Bill 23, the More Homes Built Faster Act, 2022, was passed by the Legislature and received Royal Assent on November 28, 2022. Bill 23 has significantly changed the Planning Act and planning policy framework in Ontario, specifically in regard to as of right permissions for additional residential units. A key goal of the Bill is to encourage ‘gentle intensification’ by allowing up to three units on any lot where residential uses are permitted, and municipal services are available. The Act specifically overrides local Official Plans and Zoning By-laws to enable additional residential units as of right. The intent of the Bill is to encourage more housing opportunities across the Province. While additional residential units are permitted as of right as a use, zoning standards such as setbacks and heights are still applicable. Page 2 of 13 June 8, 2023 3 of 9 Report No. MV-2023-22 The Town will be updating its Comprehensive Zoning By-law and Official Plan to reflect these provincial changes, but for now, neither document contains explicit provisions related to additional residential units. Regardless, due to the provincial legislative changes implemented by Bill 23, the additional residential unit is permitted on the property. Official Plan The subject lands is designated in the Town’s Official Plan as “Stable Neighborhoods”. The intent of this designation is to ensure that residential neighbourhoods are protected from incompatible forms of development, while allowing neighbourhoods to be enhanced over time. Detached dwellings and accessory structures are permitted land uses pursuant to the Stable Neighbourhood designation policies of the Official Plan. Zoning The subject lands is zoned “Special Mixed Density Residential R7-SN (497)” in the Town’s Comprehensive Zoning By-law. Detached dwellings and accessory structures 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 variance, and no other non-compliance was identified. Applicant’s stated reason(s) for not complying with the Zoning By-law The applicant has not stated reason for not complying with the Zoning By-law. Planning Comments Planning Staff have evaluated Minor Variance application MV-2023-22 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 The intent of the Stable Neighbourhood designation is to allow for neighbourhoods to be enhanced over time, while being protected from incompatible forms of development. Staff note that the subject property already contains an existing one storey single detached dwelling and an accessory detached garage, and that the proposal only relates to the changing of the roof slope of the accessory structure. Page 3 of 13 June 8, 2023 4 of 9 Report No. MV-2023-22 The Town’s Official Plan is currently being reviewed and updated to align with the permissions of Bill 23 relating to additional residential units, and this use is already permitted as of right by the Province. Section 3.0 of the Official Plan indicates that an objective of the Town is to promote responsible growth management through the creation of a range of housing types and sizes at various densities; support the efficient use of land, resources, infrastructure, and public services; and develop complete communities that have access to public open spaces, multimodal transit, local services, and retailers. The proposed additional residential unit would promote the efficient use of existing resources and infrastructure within an established neighbourhood serviced by public transit, and assists in fulfilling the Town’s, Region’s, and Province’s goals and objectives relating to housing supply and affordability. Section 3.3 e) i. of the Town’s Official Plan states that within the Stable Neighbourhood designation, new residential development, or approximately 350 persons is to be accommodated through new secondary suite/dwelling units. While the Official Plan currently does not explicitly speak to additional residential units, it does recognize the need to accommodate new residential growth within the Stable Neighbourhood designation through the construction of additional residential units on existing properties, and the subject proposal helps to fulfill this Official Plan policy objective. Section 6.0 of the Official Plan establishes the Town’s housing goals and encourages a broad range of housing sizes, densities, designs, and tenures to meet the needs of current and future residents, while maintaining, protecting, and enhancing the quality of life of existing residential areas. Further, this section encourages the maintenance of reasonable housing costs and varied selection, as well as residential intensification within established neighbourhoods to support healthy communities with a variety of housing types. The subject variance conforms to the applicable policies of the Town’s Official Plan as it supports the Town’s goals for creating new residential units in a way that is sensitive to the existing neighbourhood, makes efficient use of lands and existing municipal services , and creates a new residential unit within an established neighbourhood in close proximity to community services. As such, Staff are of the opinion that the requested variance is in keeping with the general intent of the Official Plan. The proposal provides for additional housing in the Stable Neighbourhood area while ensuring no negative impacts to the existing neighbourhood character. Page 4 of 13 June 8, 2023 5 of 9 Report No. MV-2023-22 b) The proposed variance meets the general intent of the Zoning By-law The intent of the “Special Mixed Density Residential R7-SN (497)” zoning requirements are to ensure that the overall streetscape and public realm are maintained with appropriately sized buildings. The zoning requirements of the site specific (497) provision were developed to specifically address stable neighbourhoods design policy. The purpose of regulating size and location of accessory structures is to ensure they are subordinate and unobtrusive in relation to the primary permitted use of the subject property. Further, building height regulations are in place to minimize sightline and privacy impacts on adjacent properties. The additional residential unit assessed through this minor variance proposes the conversion of an already approved accessory building. As there is no changes to the building footprint or overall building height proposed, the structure remains naturally and normally incidental and subordinate to the permitted single detached residential use on the subject property and maintains the intent of an accessory structure as per the Town’s Zoning By-law. Further, the existing interior and rear yard setbacks are maintained, Staff are of the opinion that there is adequate separation to adjacent properties. The Zoning By-law prescribes a maximum accessory building height of 4.5 metres to the roof peak, which is not adequate to facilitate the second storey loft space in the proposed additional residential unit. As such, the applicant is proposing to change the existing roof from sloped to flat to create a functional living space within the dwelling unit, which requires relief from maximum building height permissions for accessory structures. The change in building height measurement is not anticipated to have adverse impacts associated with overlook into neighbouring yards. There are no windows proposed on the south elevation, and two small windows on the east, which will be partially shielded by an existing fence and trees. As such, it is the opinion of Staff that privacy concerns are alleviated and no negative impacts to the subject property or adjacent property are anticipated. The overall height of the structure also remains unchanged, as it is only the re-calculation based on a flat roof that necessitated the variance. Further, the use itself is also permitted directly by the Province, and there is no other non- compliance with the proposal. The subject property contains the three (3) parking spaces required to accommodate the primary dwelling and the additional residential unit Staff are of the opinion that the requested variance is in keeping with the intent of the Zoning By-law. Page 5 of 13 June 8, 2023 6 of 9 Report No. MV-2023-22 c) The proposed variance is considered desirable for the appropriate development of the land The subject property is located within the Town Park Neighbourhood and is subject to the area specific Urban Design Guidelines. The design guidelines indicate that accessory structures should be recessed from the front wall of the main dwelling unit to minimize the presence of accessory structures on the streetscape, and to complement the historic architectural features of the main dwelling. It is the opinion of Staff that the additional residential unit assessed through this minor variance is line with the design guidelines for the Town Park Neighbourhood as it is located behind the rear wall of the main dwelling. Further, the additional residential unit is proposed to have board/batten siding and similar architectural features to the main dwelling on the subject property, which will aid in maintaining the cohesive visual character of the street. Additional residential units are permitted as-of-right due to provincial legislation. Staff are satisfied that the height is sufficient for the creation of adequate living space for the proposed loft within the unit. Further, it is the opinion of Staff that the proposed variance will not have adverse impacts on the surrounding neighbourhood character, and approval would facilitate the creation of an additional residential unit within the Town that assists with achieving housing supply and affordability policy objectives. Facilitating the development of additional residential units on existing properties supports the diversification of housing types and tenure within existing neighbourhoods and helps the Town achieve prescribed minimum intensification and density targets in areas where greenfield development is not feasible. Further, increasing the variation in housing stock allows for current and future Town residents of different generations, backgrounds, income levels, and family situations to attain suitable housing. The proposal provides an opportunity to implement gentle intensification without any undue negative impacts. It provides for additional housing stock within an established neighbourhood serviced by municipal infrastructure, thereby increasing land use efficiency within the Town, and does not compromise the defined character of the neighbourhood. As such, Staff are of the opinion that the requested variance is desirable for the appropriate development of the land. d) The proposed variance is considered minor in nature The question of the minor nature of a proposed variance can be related to its scale and impact on adjacent properties. In the opinion of Staff, the requested variance is 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. Page 6 of 13 June 8, 2023 7 of 9 Report No. MV-2023-22 The applicant is proposing to change roof design from sloped to flat, which results in building height now being measured to the highest point. As the overall height of the structure from what is currently existing remains unchanged, it is the opinion of Staff that there will be no negative impacts, and that the proposal is minor. Further, no change in building footprint is proposed as part of the subject application, existing setbacks to the interior and rear lot lines remain unchanged, and the proposed additional residential unit does not exceed maximum permitted lot coverage. As previously discussed, the overall height of the structure was already approved through the 2012 minor variance, and it is just a technicality in the measurement of building height that is resulting in this variance. As such, Staff are satisfied that the requested variance is 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 A Preliminary Zoning Review was completed on April 28, 2023. 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. Alectra No objections. Page 7 of 13 June 8, 2023 8 of 9 Report No. MV-2023-22 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 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 variance meets the four tests of the Planning Act for granting of 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 and Building Elevations Page 8 of 13 June 8, 2023 9 of 9 Report No. MV-2023-22 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-22 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. Page 9 of 13 Page 10 of 13 Page 11 of 13 Page 12 of 13 Page 13 of 13