Agenda - Committee of Adjustment - 20231012Town of Aurora
Committee of Adjustment
Meeting Agenda
Date:Thursday, October 12, 2023
Time:7:00 p.m.
Location:Video Conference
Meetings are available to the public via live stream 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 September 14, 2023,
Meeting Number 23-09
That the Committee of Adjustment Minutes from Meeting Number 23- 09
be adopted as printed and circulated.
6.Presentation of Applications
6.1 MV-2023-31 - 2813506 Ontario Inc. - 12 Hawthorne Lane 1
6.2 MV-2023-33 - MXL Engineering & Associates - 193 Kennedy Street West 15
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 -31
_______________________________________________________________________________________
Subject: Minor Variance Application
2813506 Ontario Inc.
12 Hawthorne Lane
PLAN 597 LOT 4
File: MV-2023-31
Prepared by: Katherine Gatzos
Department: Planning and Development Services
Date: October 12, 2023
_______________________________________________________________________________________
Application
The applicant is requesting relief from the requirements of the Town’s Comprehensive
Zoning By-law 6000-17, as amended, to recognize the construction of an open-air pergola
accessory structure.
The following relief is being requested:
a) Section 4.1.1 of the Zoning By-law requires a minimum rear yard setback of 1.0
metre for an accessory structure. The applicant is proposing an open-air pergola
accessory structure, which is 0.3 metre to the rear property line.
b) Section 7.2 of the Zoning By-law requires a minimum interior side yard setback of
3.0 metres. The applicant is proposing an open-air pergola accessory structure,
which is 1.2 metres to the interior side property line.
Background
Subject Property and Area Context
The subject property, municipally known as 12 Hawthorne Lane, is located on the north
side of Hawthorne Lane, west of George Street. The property is rectangular in shape with
a lot area of approximately 869.5 sqm (9,359 sq ft) and a frontage of 22.86m (75 ft).
There is an existing two (2) storey dwelling on the subject property.
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October 12, 2023 2 of 8 Report No. MV-2023-31
Previous Planning Application
A minor variance application was approved in 2021 (MV-2021-02) to permit the
construction of the existing two-storey detached dwelling with reduced front and interior
yard setbacks, and to permit an increased driveway width. A Building permit was
subsequently issued for the construction of the dwelling in May of 2021, with an
occupancy permit then issued in November of 2022. A pool enclosure permit was also
issued in May of 2023, upon which the Owner was informed that the open-air pergola
accessory structure would need to be legalized.
Proposal
The applicant constructed the open-air pergola without a building permit, under the
assumption that one was not needed due to the open-air and subordinate nature of the
structure. The structure has a gross floor area (GFA) of 40.9 sqm (440 sq ft) and a
building height of approximately 4.45m (14.58 ft), which conforms to the height and scale
requirements of the Town’s Zoning By-law.
The two variances required are specifically for reduced interior and rear yard setbacks,
which upon approval, will allow the structure to be legalized and have a respective
building permit be issued.
Official Plan
The subject lands are designated in the Town’s Official Plan as “Stable Neighbourhoods”.
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.
Zoning
The subject lands are zoned “Detached Second Density Residential Exception Zone R2
(2)” 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 variances, and no other non-compliance was
identified.
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October 12, 2023 3 of 8 Report No. MV-2023-31
Applicant’s stated reason(s) for not complying with the Zoning By-law
As stated on the application form, “we did not think that an open-air pergola warranted
compliance”.
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2023-31 pursuant to the
prescribed tests as set out in Section 45 (1) of the Planning Act, as follows:
a) The proposed variances meet the general intent of the Official Plan
The intent of the Official Plan “Stable Neighbourhoods” designation is to ensure that
residential neighbourhoods are protected from incompatible forms of development, while
allowing the neighbourhoods to be enhanced and evolve over time. Staff note that the
subject property contains an existing two storey single detached dwelling, and the open-
air pergola assessed through this Minor Variance is considered accessory to the
permitted single detached residential use of the property.
It is the opinion of staff that the overall neighbourhood character is maintained as the
pergola is located at the rear of the property and is not visible from the street. Further the
pergola analyzed through this Minor Variance is modest in scale and a fence and
landscaping screen the majority of the pergola from the abutting properties. The pergola
does not impact the residential character of the neighbourhood, is a permitted use, and
supports the Official Plan by being accessory and subordinate in nature while activating
amenity area on the property. Further, the applicant has provided a stamped grading and
drainage plan that demonstrates that there will be no adverse impacts to surrounding
properties.
Based on the above, staff are of the opinion that the requested variances are i n keeping
with the general intent of the Official Plan.
b) The proposed variances meet the general intent of the Zoning By-law
Accessory structures, including pergolas, are permitted within the “Detached Second
Density Residential Exception Zone R2 (2)” within the Town of Aurora’s Zoning By-law.
The intent of the side yard and rear yard setback provisions are to ensure there is
appropriate and adequate spacing between buildings for privacy, landscaping, access,
and drainage.
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
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October 12, 2023 4 of 8 Report No. MV-2023-31
property, and to minimize sightline and privacy impacts on adjacent properties. The
proposed pergola is to be located in the rear of the subject property and is not visible
from the public realm. Further, the height and scale of the structure is modest and
conforms to the Zoning By-law, with the structure also being screened by an existing
fence and landscaping, thereby mitigating privacy concerns for abutting properties.
Staff note that in 2021, Committee of Adjustment approved Minor Variance application
MV-2021-02 which permitted the reduction of the interior side yard setbacks from 3.0
metres to 1.8 metres for the construction of a two-storey detached dwelling on the
subject property. It is the opinion of staff that the 3.0 m interior side yard setback is
intended to largely apply to primary dwellings, and that it can be excessive to apply to an
open-air accessory structure as proposed through this variance application. The intent of
the 3.0 m interior yard setback is to address building separation for primary dwellings in
order to limit overlook into abutting lots and maintain a sense of openness within the
interior side yards. An open-air structure of this nature consisting of a fireplace, barbeque
cooking area and amenity platform maintains the desired openness of the interior side
and rear yards and does not constitute overdevelopment of the site, nor will it result in
any privacy or maneuverability concerns.
The Town’s Zoning By-law requires a 1.0 m setback for accessory structures to the rear
lot line. The proposed pergola maintains and exceeds this setback on the interior side
yard, which staff are of the opinion is sufficient in providing appropriate separation,
particularly for an open-air structure of this nature.
Staff are also of the opinion that the reduced rear yard setback still provides adequate
access to the rear of the pergola and fence line for maintenance purposes. Further, there
is no roof overhang proposed, meaning that any roof drainage would not flow onto the
rear abutting property. The applicant has provided a stamped grading and drainage plan
demonstrating that there will be no adverse impacts, and furthermore, the rear yard is
additionally buffered and separated by a drainage swale between the property to the
north. This drainage swale was implemented as part of the original development of the
subdivision, and is approximately 2.5 metres wide, which when combined with the
requested 0.3 metre rear setback, will provide 2.8 metres of separation to the property
line of the property to the north.
The Zoning By-law recognizes that a reduction in setback for accessory structures is
often required to allow the open space of a yard to be maintained. Staff are of the opinion
that the pergola allows for further enjoyment of the rear amenity area and facilitates the
construction of the in ground swimming pool while ensuring movement trough the site is
maintained. Adequate spacing is preserved between neighbouring properties, and an
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October 12, 2023 5 of 8 Report No. MV-2023-31
existing abundance of mature trees along the rear of the subject property and abutting
lots further screen the pergola and mitigate privacy concerns.
Further, the pergola complies with all other zoning provisions including building height,
and lot coverage. As such, staff are of the opinion that the proposed variances maintain
the general intent and purpose of the Zoning By-law.
c) The proposed variances are considered desirable for the appropriate development of
the land
The existing pergola was constructed complementary to the owner’s in-ground
swimming pool located at the rear of the property. Planning staff note that several other
properties within the local neighbourhood contain swimming pools and rear yard
accessory buildings as well, including 23 Hawthorne Lane, which received Minor Variance
approval for an accessory structure with an even further reduced interior side yard
setback being for 1 metre (MV-2022-42). As such, staff consider the pergola as proposed
to be consistent with the surrounding area from a built form and character standpoint.
The open-air design of the pergola consisting of a fireplace, barbeque cooking area and
amenity platform does not contain any doors or roofline which maintains the openness
of the rear yard, further classifying it as a subordinate structure within the context of the
site.
Further, the Town’s Engineering Services Division does not have any concerns with the
pergola as the applicant has submitted a site grading and drainage plan prepared by a
Professional Engineer which confirms that the existing drainage pattern on the property
has been maintained and that the structure and related works will not result in any
adverse impacts on adjacent properties. Further, the existing drainage swale at the rear
of the property provides enhanced buffering and spacing along the rear of the property,
and the pergola will be appropriately screened.
Given Engineering’s satisfaction with the submitted grading and drainage plan, and the
nature, scale, location and screening of the pergola, staff have no concerns with the
application. Based on the above, staff are of the opinion that permitting the subject
variances is appropriate development and use of the land.
d) The proposed variances are 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 5 of 24
October 12, 2023 6 of 8 Report No. MV-2023-31
Staff are of the opinion that there will be minimal to no resulting privacy impacts, and that
as an accessory structure designed in an open air manner, there will be no concerns with
impact to the streetscape or the overdevelopment of the lot. Further, the pergola is
screened by an existing fence and vegetation.
Although the pergola is located closer to the rear and side yard property lines than the By-
law permits, staff are of the opinion that given the location, scale and height, the pergola
is not considered to be visually obtrusive. Further, the pergola is non-habitable space and
is truly minor and subordinate to the property itself and neighbourhood at large.
As such, staff are of the opinion that the requested variances are 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
Preliminary Zoning Review was completed.
No objections.
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.
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.
Page 6 of 24
October 12, 2023 7 of 8 Report No. MV-2023-31
Conclusion
Planning staff have reviewed the application with respect to the Section 45 (1) if 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 variances, subject to the conditions outlined in
Appendix ‘A’.
Attachments
Appendix ‘A’ – Recommended Conditions of Approval
Appendix ‘B’ – Site Plan and Elevations
Appendix ‘C’ – Stamped Grading Plan
Page 7 of 24
October 12, 2023 8 of 8 Report No. MV-2023-31
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2023-31 be
approved by the Committee of Adjustment:
1. That the variance only applies to the subject property in conformity with the plan
attached as ‘Appendix B’ to this Staff Report, to the satisfaction of the Director of
Planning and Development Services or designate.
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Page 14 of 24
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Committee of Adjustment Report
No. MV-202 3 -33
_______________________________________________________________________________________
Subject: Minor Variance Application
MXL Engineering & Associates
193 Kennedy Street West
Plan 246 Lot 32
File: MV-2023-33
Prepared by: Antonio Greco, Planner
Department: Planning and Development Services
Date: October 12, 2023
_______________________________________________________________________________________
Application
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 an open-air cabana
accessory structure in the rear yard of the subject property. The cabana is proposed to be
sited in a manner that utilizes an open area of the property and mitigates impacts to
existing trees, with only one corner of the structure to be located along the property
boundary, as shown in Appendix ‘B’.
The following relief is being requested:
a) Section 7.2 of the Zoning By-law requires a minimum exterior side yard setback of 9
metres. The applicant is proposing an open-air cabana accessory structure in the
rear yard of the corner lot property, with one corner of the structure 0 metres from
the property line.
Background
Subject Property and Area Context
The subject property is municipally known as 193 Kennedy Street West and located on
the southeast corner of Kennedy Street West and Highland Court, a dead-end street. The
property has a lot area of approximately 3,608 square metres (38,836 square feet), with
a lot frontage of 40.6 metres (133.2 feet) along Kennedy Street West and 80.4 metres
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October 12, 2023 2 of 8 Report No. MV-2023-33
(263.7 feet) along Highland Court. The property features two driveway access points –
one from Kennedy Street West and the other from Highland Court. A new single detached
dwelling is currently under construction on the subject property, with the neighbourhood
characterized as a mature estate residential area, with large lots, separation between
buildings, and mature landscaping.
Proposal
The owner is proposing to construct an open-air cabana accessory structure with a gross
floor area of 24.82 square metres (267 square feet) and a height of approximately 4
metres (13 feet 2 inches).
The requested variance is specifically for a reduced exterior side yard setback due to the
property being a corner lot. The applicant has indicated, and staff site visits have
confirmed, that the orientation of the proposed cabana is to preserve backyard amenity
area while also utilizing an open area of the property to mitigate impacts to existing trees.
Only one corner of the cabana is proposed to be situated along the property boundary.
Official Plan
The subject property is designated “Suburban Residential” by the Town of Aurora Official
Plan, which seeks to ensure that estate residential areas shall be limited to detached
dwellings and accessory structures supporting the principal residence, as part of the
extremely low-density residential neighbourhood character.
Zoning
The subject property is zoned “Detached First Density Residential R1” in the Town of
Aurora’s Comprehensive Zoning By-law. Residential uses 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 with the
proposed cabana was identified.
As an aside, there is an existing wood shed currently erected outside the subject property
boundaries and in the public right of way, as shown in Appendix ‘B’. This wood shed has
been existing on the property for some time and prior to the current owner taking
possession of the property. By-law services are aware of the shed and its location and
are evaluating its status. The existence of this shed and the By-law Services review are
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October 12, 2023 3 of 8 Report No. MV-2023-33
considered to be entirely separate from this subject minor variance application, although
the Owner has also expressed support for its removal.
Applicant’s stated reason(s) for not complying with the Zoning By-law
The applicant has advised staff that the cabana is to provide amenity area on the property
and is being situated in a manner that mitigates impacts to existing trees on the property.
Planning Comments
Planning Staff have evaluated Minor Variance Application MV-2023-33 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 subject property is designated “Suburban Residential” by the Town of Aurora Official
Plan. The intent of the Suburban Residential designation is to maintain a low-density
residential setting, with policies also encouraging a high development standard.
Accessory structures including cabanas are permitted within the designation, with the
proposed being accessory and subordinate to the primary single detached residential
dwelling.
It is the opinion of staff that the proposed variance is not anticipated to result in any
significant negative impacts on the character or streetscape of the existing
neighbourhood, nor result in any incompatibility concerns. The cabana is proposed at the
rear of the property, where it will not be visible from the street due to the dense landscape
screening existing along Highland Court. Furthermore, the existing low-density lots within
the neighbourhood result in there being large separation between neighbouring
properties such that there are no privacy, drainage or encroachment concerns. The
proposed location of the cabana does not impact the residential character of the
neighbourhood, as it is a permitted use.
The proposed cabana is also being strategically located to avoid and mitigate impacts to
the existing tree canopy of the property. The location and siting/orientation of the
proposed structure allows for the foundation to be placed in a relatively open area of the
property that will mitigate impacts on trees, while also activating amenity area in the rear
yard. Staff specifically discussed with the applicant the potential of increasing the
setback distance to 1 metre, which the applicant was generally supportive of, but based
on a further site visit it was determined that this would result in the required removal of
up to 3 trees, whereas the currently proposed 0 metre setback will result in only a
maximum of 1 potential tree removal. There is also no discernable benefit to an increased
setback in this regard, as even with the 0 metre setback there will not be impacts or
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October 12, 2023 4 of 8 Report No. MV-2023-33
visibility concerns to the street, nor are there any concerns from staff regarding
maneuverability or encroachment into the right of way, as it is only one corner of the
structure located along the property boundary and there is no fence or other access
limitation due to the large estate lot setting. The appropriate conditions of approval from
Parks have also been implemented, including for required tree protection fencing and
compensation and offsetting as required.
The proposed cabana will also be modest in scale and supports the Official Plan by being
accessory and subordinate in nature, while being built to a high design standard,
promoting amenity area, and having no impact to the streetscape or public right of way.
The subject property has over 80 metres of yard along Highland Court, with the most
adjacent neighbouring property to the south being approximately 15 metres away from
the proposed structure. Both the southern and western property boundaries feature
landscaping and vegetation such that the proposal will not be visible from the street, with
Highland Court also being a dead-end cul-de-sac (with this not changing or being
impacted by the Highland Gate development to the south, and no road extension
occurring), and there also being no public sidewalk along Highland Court.
Based on the above, staff believe that the requested variance is in keeping with the
general intent of the Official Plan and that there will be no adverse impacts.
b) The proposed variance meets the general intent of the Zoning By-law
Accessory structures, including cabanas, are permitted within the "Detached First Density
Residential (R1) Zone" of the Town of Aurora's Zoning By-law.
The intent of the exterior side yard setback provision is to ensure appropriate and
adequate spacing for privacy, landscaping, access, and drainage between abutting
properties, however the subject exterior side yard setback provision is also specifically
intended to apply to more traditional open corner lots with high visibility from both
intersecting streets and minimal landscape coverage to ensure buildings due not impact
sightlines or impact the general consistency of the neighbourhood.
The subject property is a corner lot such that the required variance is necessitated, but it
does not contain the typical openness and high visibility to justify the subject 9 metre
exterior side yard setback as per the Town’s Zoning By-law, specifically with the
requested variance being for a minor, open-air accessory structure and not the primary
dwelling.
The property contains dense vegetation and landscaping along Highland Court such that
the proposed structure will not be visible from the street. It is also only one corner of the
cabana that will be along the property boundary, with the orientation of the structure being
as such to mitigate impacts to trees, as mentioned. Vegetation is also present along the
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October 12, 2023 5 of 8 Report No. MV-2023-33
south and eastern property boundaries, such that the proposed location is suitable to
activate rear yard amenity area. Again, despite being technically an exterior side yard, the
cabana is ultimately placed in the rear back yard portion of the subject property. The
location of the cabana will not result in any conflicts from a building separation or
sightline perspective, it will have no impact on the streetscape or be visible at all, staff
have no concerns about maneuverability or access into the right of way, and the proposal
also remains subordinate to the primary dwelling as a true accessory structure. Further,
the open-air design of the proposed allows the cabana to integrate well with the
naturalized area and be even less obtrusive from a design and scale perspective.
The grading of the subject property is proposed to remain as is, and the large lot areas of
the neighbourhood ensure there are no privacy concerns or adverse impacts to abutting
properties. As mentioned, Highland Court is also a dead-end cul-de-sac with minimal
traffic and no public sidewalk, such that visibility of the proposed cabana is even further
reduced. The proposed will not constitute the overdevelopment of the property, nor will it
result in any maneuverability concerns. With only one corner of the cabana being at the
property boundary, and there also being no fence for the larger lot size, there are also no
maintenance access concerns.
The Zoning By-law recognizes that a reduction in setback for accessory structures is
often required to allow for the open space of a yard to be maintained, and staff are
ultimately of the opinion that the proposed open-air cabana allows for the enjoyment of
the back yard area without any adverse impacts.
Further, the cabana complies with all other zoning provisions including height and lot
coverage, and as such, staff are of the opinion that the proposed Minor Variance
maintains the general intent and purpose of the Zoning By-law.
c) The proposed variance is considered desirable for the appropriate development of the
land
The open-air cabana is proposed to activate the rear amenity area of the subject property
while also being sited in a manner that will mitigate impacts on existing trees and
vegetation and have no impacts to the streetscape or character of the neighbourhood.
The open-air design of the cabana and enhanced screening on the property and large lot
size will make the proposal visually unobtrusive, with there also being no conflicts in
regards to grading or drainage.
Staff also note that 0 metre setbacks have been granted for minor variance applications
in the past, particularly as they relate to accessory structures and when the subject
property has elements such as landscape screening that mitigate potential impacts. MV -
2021-01 for 91 Gilbank Drive was approved for an accessory structure with a 0 metre side
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October 12, 2023 6 of 8 Report No. MV-2023-33
yard setback and 0.2 metre rear setback, in large part due to mature landscaping
screening being present on the site. Each application has to be considered on their own
merits, but the takeaway is that the numerical value of the reduction in setback is less of
a concern than the actual real world implications of the proposed. In the case of the
subject open-air cabana, no adverse impacts are anticipated and staff have no objections
or concerns.
Planning Staff are of the opinion that the location of the cabana preserves existing trees
and functionality of the property. It provides for additional amenity space with adequate
separation for privacy and maneuvering. The visual impact of the cabana is also heavily
mitigated by the existing landscaping.
The requested variance is desirable for the appropriate development of the site.
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.
Planning Staff are of the opinion that the requested variance will not have a negative
impact on surrounding properties or Kennedy Street West/Highland Court and believe
that the variance is minor in nature. The overall size and scale of the proposed cabana is
moderate, as it features an open design layout through the use of pillars, and it does not
pose any character incompatibility or massing concerns. Given the large lot size for the
property and neighbouring lots, the open-air cabana is a modest structure that does not
represent the overdevelopment of the lands and it will be subordinate to the primary
dwelling, out of sight from the public realm, and adequately separated from abutting
residential properties.
As such, Staff are of the opinion 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 Preliminary Zoning Review completed.
No objections.
Engineering Division No objections.
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October 12, 2023 7 of 8 Report No. MV-2023-33
Department or Agency Comments
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.
Public Correspondence
Written submissions were not received at the time of writing of this report. Should
additional written submissions be received after writing this report, the Secretary-
Treasurer will provide the submission(s) to Committee members at the meeting.
Conclusion
Planning staff have reviewed the application regarding Section 45 (1) of the Planning Act,
R.S.O, 1990, c.P.13, as amended, and believe that the requested variance meets the four
tests of the Planning Act for granting 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
Appendix ‘C’ – Elevations
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October 12, 2023 8 of 8 Report No. MV-2023-33
Appendix ‘A’ – Recommended Conditions of Approval
The following conditions are required to be satisfied should application MV-2023-33 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’ and ‘C’ to this Staff Report, to the satisfaction of
the Director of Planning and Development Services or designate.
2. That the Owner shall pay the LSRCA Plan Review Fee in accordance with the
approved Fees Policy (Note: payment is currently outstanding for the LSRCA
review of the minor variance application of $536.00 per the LSRCA Fees Policy).
3. That the owner shall be required to provide tree protection fencing in accordance
with Town standards for existing trees in the vicinity of proposed construction and
construction access routes.
4. The Owner shall be required to provide compensation plantings in accordance with
the Town’s tree compensation policies for any trees designated to be removed to
facilitate construction. Tree removals shall adhere to the Town’s tree removal
permit by-law.
Page 22 of 24
1649 ST. Clair Avenue W, TORONTO ON M6N 1H7email: engineering@mxlengineering.caPhone: 647.621.1246www.mxleng.caAssociatesMXL ENGINEERING & ASSOCIATES, INC.DATEDRAWING No.JOB No.PROJECTDATESCALETITLEJUNE 2023193 KENNEDY STREET WESTNO.DESCRIPTION OF ISSUEB.M. LOPES100177584PROVINCE OF ONTARIO L ICENSED PROFESSIONAL ENGINEER06/12/1606/19/24JUN. 01, 2023FOR CLIENT APPROVALJUN. 19, 2023ISSUED FOR PERMIT122-22921/32" : 1'-0"A-01.01SITE PLANPage 23 of 24
1649 ST. Clair Avenue W, TORONTO ON M6N 1H7email: engineering@mxlengineering.caPhone: 647.621.1246www.mxleng.caAssociatesMXL ENGINEERING & ASSOCIATES, INC.DATEDRAWING No.JOB No.PROJECTDATESCALETITLEJUNE 2023193 KENNEDY STREET WESTNO.DESCRIPTION OF ISSUEB.M. LOPES100177584PROVINCE OF ONTARIO L ICENSED PROFESSIONAL ENGINEER06/12/1606/19/24JUN. 01, 2023FOR CLIENT APPROVALJUN. 19, 2023ISSUED FOR PERMIT122-22923/16" : 1'-0"A-02.01PROP. CABANAPage 24 of 24