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Agenda - Committee of Adjustment - 20230209Town of Aurora Committee of Adjustment Meeting Agenda Date:Thursday, February 9, 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 January 12, 2023, Meeting Number 23-01 That the Committee of Adjustment Minutes from Meeting Number 23-01 be adopted as circulated. 6.Presentation of Applications 6.1 C-2023-01 - 1623 Wellington Street Developments Limited - 1623 Wellington Street E 1 6.2 MV-2023-02 - Sedghi - 480 Stone Road 11 6.3 MV-2023-01 Khalili - 17 Hawthorne Lane 26 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. C-2023-01 _______________________________________________________________________________________ Subject: Consent Application 1623 Wellington Street Developments Ltd. 1623 Wellington Street East File: C-2023-01 Prepared by: Kenny Ng, Planner Department: Planning and Development Services Date: February 9, 2023 _______________________________________________________________________________________ Application The purpose of the proposed consent application is to sever 1.15 hectares (2.85 acres) of the subject property to facilitate the creation of one new lot along Wellington Street East. The new lot will have a frontage of 107.07 metres (344.73 feet) and is currently designated for employment and commercial purposes. Any future development on the subject lot will also be subject to future site plan application approval. Specific details of the consent are as follows (see Appendix ‘B’ and ‘C’): a) Portion of Part 11 is retained while the remaining portion of Part 11 is to be severed as shown in the appendixes. Background Subject Property and Area Context The subject property, municipally known as 1623 Wellington Street East, is located on the south side of Wellington Street East and west of Highway 404. The subject property has a cumulative area of approximately 11 hectares (27 acres) and approximately 647.15 metres (2,123.20 feet) of frontage on Wellington Street East, with further details shown in Appendix ‘B’. Part 11 is the specific area subject to the severance, being located at the east side of Goulding Avenue and representing an area of approximately 2.36 hectares (5.83 acres). The land is part of the existing commercial and employment area established on the south side of Wellington Street East, that includes existing users such Page 1 of 36 February 9, 2023 2 of 8 Report No. C-2023-01 as the BMW Aurora dealership and SmartStop Self Storage. Adjacent parcels have also been established based on consent application approvals. Surrounding land uses, particularly in relation to the severed lot, include: North: Wellington Street East and the SmartCentres commercial plaza South: Commercial and employment based uses, including the SmartStop Self Storage East: Directly east is the BMW Aurora dealership (C-2021-02) and then Highway 404 West: Goulding Avenue and then the Winners/HomeSense and Farmboy locations Proposal The Owner is proposing to sever the subject lands to create one new lot, as highlighted in Appendix ‘B’ and ‘C’. The new lot is intended to be for a land sale, and any future site development will be subject to site plan approval. Details of the proposed severance are outlined as follows: Proposed Severed Lot Proposed Retained Lot Parts Portion of Part 11 (eastern portion) Portion of Part 11 (western portion) Note: the full extent of remaining ownership applies to parts 1, 2, 3, portion of Parts 4, 7, 10, portion of Part 11 Lot Area 1.15 hectares (2.85 acres) 1.21 hectares (2.98 acres) Related Applications The subject lands are also currently related to the following Planning Applications and approvals, as part of the development of the commercial and employment area on the south side of Wellington Street and west of Highway 404. The applications listed below were also similarly subject to respective consent applications prior to site plan control approval, with further reference provided in Appendix ‘B’: Page 2 of 36 February 9, 2023 3 of 8 Report No. C-2023-01 Planning Application Purpose of Application Applicable Lands (Appendix ‘B’) Site Plan Control (SP 2018-05) To permit a commercial retail development (Winners/HomeSense and Farmboy) Part 2 Site Plan Control (SP 2021-03) To permit motor vehicle sales establishment (BMW Aurora) Part 5 Site Plan Control (SP 2021-03) To permit a self storage facility (SmartStop Self Storage) Parts 9 & 3 Official Plan The subject property is designated ‘Business Park’ by the Bayview Northeast Area 2B Secondary Plan (OPA 30). The intent of the Business Park designation is to provide opportunities for a mix of prestige employment uses and a variety of supporting commercial and community facilities generally geared to satisfying the needs of residents, businesses and employees in the Town of Aurora and the Region. Business Park lands shall be planned, designed and built in an integrated setting to create a superior built form along Highway 404 and Wellington Street East. Ancillary retail uses are also permitted within this designation. Again, development on the site will also be subject to a future site plan control application. Zoning The subject lands are zoned “E-BP (531) Business Park Exception Zone” and “E-BP (532) Business Park Exception Zone” under the Town of Aurora Zoning By-law 6000-17, as amended. The parent E-BP (531) Exception Zone provides that despite any existing or future conveyance, consent, severance, partition or division of the lot. the provisions of the E-BP (531) Zone, including minimum lot area and frontage requirements, shall apply. These zone standards are summarized as follows: Minimum lot area Minimum Lot Frontage 2,000 m2 30 m Page 3 of 36 February 9, 2023 4 of 8 Report No. C-2023-01 The severed parcel meets this minimum zone standards by providing a lot area of over 11,000 m2 and a lot frontage of over 100 metres. The retained portion of Part 11 also meets the minimum zone standards. Preliminary Zoning Review The applicant completed a Preliminary Zoning Review (PZR) with the Town’s Building Division prior to submitting the consent application. The PZR has confirmed no zoning non-compliance. Planning Comments When considering an application for consent to sever lands, regard shall be had to the criteria of Section 51 (24) of the Planning Act. This includes, amongst other things:  Matters of Provincial Interest  Conformity with the Official Plan and adjacent plans of subdivision  Suitability of the land for the purpose in which it is to be subdivided  The dimension and shape of the proposed lots  Adequacy of utilities and municipal services  Number and adequacy of highways Based on a review of the Planning Act criteria, staff have no concerns with the land severance as proposed. Staff are satisfied that the proposed consent application is consistent with the Provincial Policy Statement and conforms with applicable provincial plans. Staff note that the retained and severed lands meet the Zoning By-law as it relates to minimum lot area and lot frontage requirements. In addition to this, adequate access to the newly created lot has already been established to the south of the lot, shown as Parts 10 and 6 in the Appendixes. Staff are of the opinion that the proposed severance is generally compatible with the surrounding area in regards to dimension and shape of the proposed lot, and will not result in any negative impacts on adjacent properties or character of the area. As mentioned, a number of other consent applications have been pursued for surrounding and adjacent properties as part of the phased development of the land area. Adequate utilities and municipal services are also available, with the site also being serviced by an established site access route. Page 4 of 36 February 9, 2023 5 of 8 Report No. C-2023-01 Cash-in-Lieu of Parkland is required and will be secured at the site plan agreement stage (payable prior to building permit issuance) for the new parcel of land. Additionally, should any future variances be required as part of the proposed future development or site plan, additional minor variance applications will be required. Additional Comments The consent application was circulated to Town Departments/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 on October 31, 2022. No Zoning non-compliance. Engineering Division Comments provided stating no comments/concerns with proposed application (dated January 24, 2023) Operational Services (Parks) No comments/concerns Operations (Public Works) No comments/concerns Central York Fire Services No comments/concerns York Region No comments/concerns LSRCA Not commenting on application as it is located outside the area governed by O. Reg. 179/06 under the Conservation Authorities Act (dated January 18, 2023). MTO Comments provided stating no objections to the severance, but please be aware that this site is within MTO permit control area and is subject to MTO review, approval and applicable permits. MTO owns a portion of Wellington Road north of this property and no essential feature imperative to the operation of the site is permitted to be built within 14m of MTO property. Traffic volumes would also be subject to MTO review to ensure no negative impacts to the interchange. (dated January 13, 2023) Page 5 of 36 February 9, 2023 6 of 8 Report No. C-2023-01 Department or Agency Comments Alectra Comments provided stating no objections to its approval subject to the following comments:  All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced  In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with Alectra making the work area safe. All construction work will be required to stop until the safe limits of approach can be established  In the event construction is completed, and the clearance between the constructed structure and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of Alectra’s cost for any relocation work. Public Correspondence Written submissions from the public 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 36 February 9, 2023 7 of 8 Report No. C-2023-01 Conclusion Staff have reviewed the application with respect to the Section 51(24) of the Planning Act, R.S.O, 1990, c.P.13, as amended, the Provincial Policy Statement, Provincial Plans and the Town’s Official Plan and Zoning By-law, and are satisfied with the proposed consent application. Based on the aforementioned, Staff have no objection to the approval of Consent application File C-2023-01, subject to the conditions outlined in Appendix ‘A’ to this report. Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Proposed Severance Sketch Appendix ‘C’ – Draft Reference Plan Page 7 of 36 February 9, 2023 8 of 8 Report No. C-2023-01 APPENDIX ‘A’ – Conditions of Approval 1. Payment of any outstanding property taxes owing to date for the subject property and that the Secretary Treasurer receive written confirmation that this condition has been fulfilled. 2. Submission to the Secretary-Treasurer of four (4) white prints of a deposited Reference Plan, for review showing the subject lands, which conforms substantially to the application form and sketch as submitted with this application (Appendix ‘C’). One copy of the deposited reference plan must be submitted to the Town prior to the issuance of the Certificate of Official. Please note, if the transaction in respect of which the consent was given is not carried out within the two-year period following issuance of the Certificate of Official, the consent effectively will lapse [Planning Act, R.S.O. 1990, c.P.13, as amended, s. 53 (43)] 3. Submission to the Secretary-Treasurer of the required draft transfers to effect the severance applied for under Files C-2023-01 in duplicate, conveying the subject lands, and issuance by the Secretary Treasurer of the certificate required under subsection 53(42) of the Planning Act. Subsection 50 (3 or 5) of the Planning Act, R.S.O 1990, as amended, applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent. 4. Fulfilment of all of the above conditions within two (2) years of the date that notice of the decision was given under Section 50(17) or 50(24) of the Planning Act. R.S.O. 1990, c.P.13. Page 8 of 36 "' -"' 0 ;z: "' a (/) <( ;z:0 0 :c 0 ;z: - 0C, 0 w ;z:a::: w � I t; I I' I I I PART 2, PLAN RS-Jgs (NOT TO SCALE) PIN 03642-5926 (PART 1) PART 3 N7117'05"E BLOCK 21 (G .10 RESERVE) ;REGISTE�ED �-A� 65M-3974) PIN 03642-2.360 115.575 PWF 169.236 PIN 03642-2344 LOT 5 REGISTERED PLAN 65M-3974 I -----------------VIWIEELILLJIINNiG8"TfCO;NJSS�T;REET EAST(NAMED BY BY-LAW No. R-670-80-128, INST. R261406) REGION ROAD No. 15 "' "" .0 ;z: 0 "' �-J • Q!'; 0 f't)� � "" "' Q --1/8, @1 ,, I ., c, � 1B {L&P)(llH) 0.061 W PW, ON LINE LOT PART 2 AREA-49730 SQUARE METRES PART 2, PLAN 65R-38898 PIN 03642-5926 SUBJECT TO EASEMENT AS IN INST. YRJ1 72208 PIN 03642-2342 PART 9, PLAN 65R-31631 SUBJECT TO EASEMENT AS IN INST. YRfl/1933 LOT J ROAD ALLOWANCE BETWEEN LOTS 20 AND 21, CONCESSION 3 .-•• 0� n• «> N PART 1 AREA=5587 SQUARE METRES PART 3, PLAN 65R-38898 PIN 03642-5926 SUBJECT TO TEMPORARY EASEMENT 20, ENC er P\r,f" 0.09 S AS IN INST. YR3112208 " PIN 03642-2343 SUBJECT TO EASEMENT AS IN INST. YRff.JJ811 LOT 4 PLAN - a; "i �� d:� . � <{l i:S � � ,Si...,� .a._ t; ��;! oc ., < " PIN 03642-0090 29,000 W~ ::, �• Z7 W 2 O > ••0. <{ z N< ' C N ('.) " .z O � � 0 0 � z _j )9 [: ::, � o, 0 e PART 11 PART 5 AREA=23656 SQUARE METRES AREA=11338 SQUARE METRES PART 8, PLAN 65R-38898 PART 1, PLAN 65R-38898 r--,.-, A•4 788 AREA-1608 SQUARE METRES C•4.698 N88'55'45"E PIN 03642-5925 " ��a-,100 PART 10 18 N71"24'00�E 105.222 3f"',=;_...,....::.:.==-'-----_;,==r---= ':g (0 18 n N71"30'00"E ;.,_o -t- 18 (0 � {'MT) z PART 7, PLAN 65R-38898 PIN 03642-5925 N71"24'05"E R•7.100 -'•4.545 C•4.468 N53'03'45"E 94.018 105.485 18 11.467 A-16.193 18 C-15.467N48'31 '30"W � 5.175 R-6.000A-4.269C•4.179N01"47'10"E /N ,s 104.722 "106,751 " 211.473 211.467 100.558 105.7-34 PART 1, PLAN 65R-38898 CONCESSION PART 6 3 PIN 03642-5926 PART 9 R•1'500 t; • N �l'J <n � AREA=3092 SQUARE METRES AREA=6141 SQUARE METRES PART 5, PLAN 65R-38898 PIN 0364-2-5925 PART 3 I AREA=1633 SQUARE METRES I N71'21'50"E I PART 6, PLAN 86.989 65R-38898 I 115.575 N71 ·11'os-E1 1-----J SE£ DETAIL 11'"f1_��sLOCK 27 � (0,30 RESERVE) I�"" gJ (5 �(REGISTERED I ,i: �PLAN 65M-3974) I � );j S,PIN 03642-2360 <O � '{ I��-LOT 5 i ... � c-l,,;��!-- � VJI � .,,; � PIN 03642-2344 65M-J974 '°'°..., � ,.-, N ..., • i:o..: cri :f � l'J ,J) in n3 PART 8 AREA•283 SQUARE METRES R-1s.ootz � b A•17.249 z • C-16.314 1B R�.------N14"20'50"E � PART 1, PLAN 65R-38898 PIN 03642�5926 12.622 IB Z 18 ('MT PART 7 99.611 AREA•270 SQUARE METRES PIN " 03642-5926 � 3.720 8.080 169.236 n SSIB (RPE) <C�CE 0 13 $ N71.24'35"E YORK REGION STANDARD CONDOMUNIUM PLAN 1240 CONDO BLOCK 29771 PWF 127.400 PIN 03642-2346 SUBJECT TO EASEMENT AS IN INST. YR9B2198 SSl8 {RPE) LOT 7 REGISTERED PART 4 AREA=33888 SQUARE METRES PIN 03642-2347 SUBJECT TO EASEMENT AS IN INST. YR98219J LOT 8 PLAN 143,883 BEARING, DISTANCE AND CO-ORDINATE NOTES BEARINGS AND CO-ORDINATES ARE GRID AND ARE DERIVED FROM SPECIFIED CONTROL POINTS No. 00819900574 ANO No. 00819900575 AND ARE REFERRED TO THE e· UNIVERSAL TRANSVERSE MERCATOR GRID PROJECTION, ZONE 17, CENTRAL MERIDIAN 81°00' WEST LO'IGITUDE, NAD83 (ORIGINAL). CO-ORDINATES TO URBAN ACCURACY PER SEC. 14(2) OF 0. REG. 216/10. DISTANCES ARE GROUND AND CAN BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 0.99975683. AREAS SHOWN HEREON ARE CALCULATED FROM GROUND DISTANCES. POINT ID SCP 00879900574 SCP 00819900575 301 309 EASTING 627918.857 627837.597 626855.360 627448.380 NORTHING 4873633.812 4874209 552 487 4312.044 4874504.620 CO-ORDINATES C/>.NNOT, IN THEMSELVES, BE USED TO RE-ESTABLISH CORNERS OR BOUNDARIES SHOWN ON THIS PLAN. DISTANCES AND CO-ORDINATES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIV1DING BY 0.3048. C,C 0 10 0 S518 (RPE) NOTES ■ □ $18 SSIB 1B WIT 1110 L&P MTO PWF RM\-P RPE SCP S&M N s E w DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES SURVEY MONUMENT FOUND SURVEY MONUMENT SET STANDARD IRON BAR SHORT STANDARD IRON BAR IRON BAR WITNESS R. O. TOMLINSON LIMITED, O.L.S. L_OYD & PURCELL LIMITED, O.L.S. MINISTRY OF TRANSPORTATION OF ONTARIO POST AND WIRE FENCE TI-1E REGIONAL MUNICIPALITY OF YORK PLAN RADY-PENTEK & EDWARD SURVEYING LID., O.LS. SPECIFIED CONTROL POINT SEXTON MCKAY, O.L.S. NORTH SOUTH EAST WEST All SURVEY MONUMENTS FOUND ARE MARKED (HJV) UNLESS OTHERWISE NOTED. ,., N71'25'10"E 63.813 ()N 11�[ S518 (Rff) PIN 03642-2348 SUBJECT TO EASEMENT AS IN INST. YR/ 140252 LOT 9 65M-J974 N72'1J'55"E GA-C 43.274 PWF I require this pion to be deposited under the Land Titles Act. RECEIVED AND DEPOSITED ,, Date J}]a ab _5 � .;io � IDate FEBRUARY 17, 2021 �-- � A 1/1,J �'I _____ ,..,_�.....____Representative for TI-10MAS R. REED ONTARIO LAND SURVEYOR the Land Registrar for the Land Titles Division of YORK REGION (No. 65) SCHEDULE PART PART OF LOT CONCESSION ALL Of PIN AREA m' 1 5587 2 49730 3 1633 4 03642-5926 33888 s 11338 6 20 3 3092 ' 270 8 283 9 03642-5925 6141 10 1608 11 23656 PART 1 - SUBJECT TO TEMPORARY EASEMENT AS IN INST. YR3172208. PARTS 2 TO 11 BOTH INCLUSIVE -SUBJECT TO EASEMENT AS IN INST. YR3172208. PLAN OF SURVEY OF PART OF LOT 20 CONCESSION 3 (GEOGRAPHIC TOWNSHIP OF WHITCHURCH) TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK SCALE 1 000 20 0 20 40 60 METRES HOLDING JONES VANDERVEEN INC. ONTARIO LAND SURVEYORS SURVEYOR'S CERTIFICATE I CERTIFY THAT: 1.THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE 'MTH THESURVEYS ACT, TI-1E SURVEYORS ACT AND THE LAND TITLES ACT ANDTHE REGULATIONS MADE UNDER THEM.2.THE SURVEY WAS COMPLETED ON FEBRUARY 17, 2021 /--, FEBRUARY 17, 2021 DATE --� s:C�_THOMAS R. REED ONTARIO LANO SURVEYOR HOLDING JONES VANDERVEEN INC. SCALE: 1: 1000 ONTARIO LAND SURVEYORS 1700 LANGSTAFF ROAD, SUITE 1002 VAUGHAN, ON L4K 3S3 PHONE: 905-660-4000, EMAIL: hjv@hjv-ol5.co DRAWN BY: J.Y./V.P. CHKD. BY: T.R./S.C. JOB NO: 12-2210-REFJ • = Remaining Owned Lands (Part 1, 2, 3, Portion of 4, 7, 10, Portion of 11) Area: 24.47 Acres • = Lands to be Severed (Portion of Part 11) Area: 2.85 Acres Context Lands -Based on Previous Consent Applications •ORANGE =Tovida Lands (Portion of Part 4,C-2022-05)Area:2.19 Acres •GREEN =Dilawri Lands (Part 5,C-2021-02,C-2021-05,C-2021-06)Area:2.80 Acres •PURPLE =SmartStop (Part 8,Part 9,C-2021-02,C-2021-05,C-2021-06)Area:1.59 Acres Page 9 of 36 Proposed Retained Parcel Proposed Severed Parcel Page 10 of 36 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-2023-02 _______________________________________________________________________________________ Subject: Minor Variance Application Sedghi 480 Stone Road File: MV-2023-02 Prepared by: Mark Chuang, Planner Department: Planning and Development Services Date: February 9, 2023 _______________________________________________________________________________________ Application The applicant is requesting relief from the requirements of the Town’s Comprehensive Zoning By-law 6000-17, as amended, to facilitate a sunroom addition to an existing single- storey detached dwelling. The proposed addition has a height of 2.7 metres (9 feet), and a gross floor area of 16.7 square metres (180 square feet). The sunroom addition is located at the rear portion of the property, but as a corner-lot it is subject to the exterior lot line variance. PROPOSED VARIANCE The following relief is being requested: a) Section 24.142.1.2 of the Zoning By-law requires a minimum exterior side yard setback of 4.5 metres for the main building. The applicant is proposing an addition that is 3.02 metres from the exterior side lot line, thereby requiring a variance of 1.48 metres. Background Subject Property and Area Context The subject property, municipally known as 480 Stone Road, is located at the southeast intersection of Stone Road and Strawbridge Farm Drive, as a corner-lot. The property contains a single storey detached dwelling with an area of around 510m2 (5500 ft2) and an approximate lot frontage of 14 metres (approximately 46 feet) along Stone Road with Page 11 of 36 February 9, 2023 2 of 7 Report No. MV-2023-02 an exterior lot frontage of approximately 30 metres (100 feet) along Strawbridge Farm Drive. The surrounding neighbourhood is residential and generally characterized by two storey dwellings. The sunroom addition was inspected by municipal building inspectors mid-construction, who raised the need for a variance. The owners were notified of the non-compliance and construction was stopped for this variance application to be pursued. Proposal The owner is proposing a sunroom addition to a single-storey detached dwelling. The proposed addition has a height of 2.7 metres (9 feet), and a gross floor area of 16.7 square metres (180 square feet). The addition is located at the rear western corner of the existing dwelling. As a corner-lot the need for an exterior side lot variance has been triggered. Official Plan The subject property is designated “Stable Neighbourhoods” in the Town of Aurora’s Official Plan, which seeks to ensure that residential neighbourhoods are protected from incompatible forms of development, while allowing the neighbourhoods to be enhanced over time. Further, the Stable Neighbourhoods designation provides for detached dwellings as a permitted use. Sunrooms are considered an extension/addition of the detached dwelling. Zoning The property is zoned R4 (142) “Detached Fourth Density Residential Exception Zone”, which permits detached dwellings. The Exception Zoning was approved by Council to facilitate the development of the subdivision. 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 As stated on the application form, “I wasn’t aware of the zoning regulation for this addition. Unfortunately, I started this construction without having enough information until I was advised by the [Town] of Aurora. If I had known, I would have complied with all the zoning provisions.” Page 12 of 36 February 9, 2023 3 of 7 Report No. MV-2023-02 Planning Comments Planning Staff have evaluated Minor Variance Application MV- 2023-02 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 Official Plan designation is to ensure neighbourhoods are protected from incompatible forms of development, while allowing the neighbourhoods to be enhanced over time. The Official Plan states that new development abutting existing residential development shall be sympathetic to the form and character of existing development with regards to building scale and urban design. The overall scale of the building is minimally impacted by the proposed addition, and views from the streetscape are buffered by landscaped area and fencing. There is also significant distance separation from the western side of the property to any neighbours or the road itself so that the sunroom will be largely private and compatible with the area. Staff are of the opinion that the general intent of the Official Plan is maintained. b) The proposed variance meets the general intent of the Zoning By-law The intent of the minimum exterior side yard setback is to ensure that adequate setbacks on a lot is provided for privacy, landscaping, access, and drainage. As a corner-lot dwelling the exterior lot line provision applies, but the proposed addition will not adversely impact the streetscape or neighbourhood. The community sidewalk is not located on this side of Strawbridge Farm Drive, but rather the opposite side of the street, so there will also be no impacts or encroachment concerns. There is also sufficient landscaped area between the proposed addition and the road, no impacts to the intersection or daylight triangle, and there is no neighbouring dwelling on the western side that would be negatively impacted. Staff are of the opinion that the requested variance is in keeping with the intent of the Zoning By-law and provides for appropriate privacy and spacing between dwellings. c) The proposed variance is considered desirable for the appropriate development of the land Staff are of the opinion that the proposed addition will not negatively impact the existing neighbourhood character. A sunroom addition fits the character of the neighbourhood and will also be appropriately screened. Staff are of the opinion that the requested variance is desirable for the appropriate development of the land. Page 13 of 36 February 9, 2023 4 of 7 Report No. MV-2023-02 d) The proposed variance is considered minor in nature The proposed addition to the one-storey detached dwelling is considered moderate in scale and the requested variance is not anticipated to result in any negative impacts to the neighbourhood or abutting 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 was completed December 19, 2022. Engineering Division No Comments. Operational Services (Parks) No further comments see conditions in appendix A. Operational Services (Public Works) Not Received. Central York Fire Services Not Received. LSRCA No Comments. York Region No Comments. Alectra No Comments. 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) if the Planning Act, R.S.O, 1990, c.P.13, as amended, and are of the opinion that the requested Page 14 of 36 February 9, 2023 5 of 7 Report No. MV-2023-02 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 Elevations Page 15 of 36 February 9, 2023 6 of 7 Report No. MV-2023-02 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2022-49 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property, in substantial 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. 2. That the owner may be required to provide an Evaluation Report prepared by a Certified Arborist or Professional Registered Forester outlining all aspects of the impacts that this proposal will have on existing and current remaining vegetation, The report shall include recommendations and an action plan on the mitigation of negative effects to vegetation , during and post construction periods as well as measures aimed at tree health care and protection for trees effected by the project and any remaining trees in the vicinity of the project that require applicable maintenance. 3. In addition the report shall include a schedule of monitoring the ongoing site work through a series of scheduled site visits by the Arborist / Forester during and post construction to ensure the vegetation preservation measures remain in compliance throughout the project, each site visit to be documented and any resulting action items required by the Arborist /Forester shall be implemented and confirmed on site forthwith by the Arborist /Forester following each visit. 4. The owner may be required to provide vegetation compensation and a replanting plan in accordance with the Town of Aurora TREE REMOVAL/PRUNING AND COMPENSATION POLICY to the satisfaction of the Director of Operational Services as compensation for trees removed to facilitate construction. Compensation planting shall be completed prior to release of the financial securities. 5. The owner shall agree to comply with the Aurora Tree Permit By-law # 5850 -16 prior to the removal of any trees on the property. 6. The owner shall agree to provide financial securities based on the total value of the Tree Compensation evaluation and all Arboriculture works as defined by the Town and the Owners Arborist/ Forester. To the satisfaction of the Director of Parks and Recreation. Page 16 of 36 February 9, 2023 7 of 7 Report No. MV-2023-02 7. All of the above shall be included as terms and conditions in a Letter of Undertaking with the Town of Aurora to guarantee compliance with the Conditions of Approval and all related site works. Page 17 of 36 provide side yard setback provide rear yard setback provide lot coverage calculation 9'11" Page 18 of 36 NEW OPENNING LVL Page 19 of 36 Existing Area Existing Area New Addition A A B B Removed Wall 480 Stone Road,Aurora Page 20 of 36 Existing Area Existing Area B 31.50 60.00 31.50 36.00 30.00 25.50 94.00 25.50 30.00 48.00 72.00 10.00 185.50 123.00 198.50 136.00 480 Stone Road,Aurora Page 21 of 36 +0.00- +24.50 +133.50 +166.75 48.00 9.25 9.25 41.00 60.00 8.00 33.25 32.00 30.00 48.00 72.00 16.50 29.00 50.75 12.00 50.75 12.00 27.25 12.00 Concrete Tube Load bearing beam (2 play 2 x10 pressure treated) Insulated Floor(R 30) 2 LB spray foam Dimensional Lumber(2 x10) 12 inch rigid insulation(warm roof) Waterproofing 480 Stone Road,Aurora Page 22 of 36 +0.00- +24.50 +133.50 +166.75 48.00 9.25 9.08 31.92 60.00 8.00 9.25 24.00 57.00 30.00 42.50 9.00 50.75 12.00 50.75 12.0012.00 6.00 480 Stone Road,Aurora Page 23 of 36 +0.00- +24.50 +133.50 +166.75 48.00 32.16 60.00 9.25 24.00 38.00 60.00 38.00 9.00 6.00 51.00 12.0012.00 480 Stone Road,Aurora Page 24 of 36 38.00 60.00 38.00 42.50 30.00 25.50 94.00 6.50 198.50 136.00 32.00 30.00 48.00 72.00 16.50 480 Stone Road,Aurora Page 25 of 36 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Committee of Adjustment Report No. MV-2023-01 _______________________________________________________________________________________ Subject: Minor Variance Application Khalili 17 Hawthorne Lane File: MV-2023-01 Prepared by: Mark Chuang, Planner Department: Planning and Development Services Date: February 9, 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 a new two-storey single detached dwelling on an existing vacant lot. The applicant previously received minor variance approval from the Committee of Adjustment in October of 2017, but the approval has since expired, thereby requiring the applicant to re-apply. PROPOSED VARIANCE The following relief is being requested for the proposed two-storey detached dwelling: a) Section 7.2 of the Zoning By-law requires a minimum front yard setback of 9.0 metres. The applicant is requesting a front yard setback of 8.7 metres, thereby requiring a variance of 0.3 metres. b) Section 7.2 of the Zoning By-law requires a minimum interior side yard setback of 3.0 metres. The applicant is requesting an interior side yard setback of 2.3 metres (west side), thereby requiring a variance of 0.7 metres. c) Section 7.2 of the Zoning By-law requires a minimum interior side yard setback of 3.0 metres. The applicant is requesting an interior side yard setback of 2.2 metres (east side), thereby requiring a variance of 0.8 metres. d) Section 5.61(iii) of the Zoning By-law allows a maximum driveway width of 10.0 metres if the lot frontage is 18.0 metres or greater, with the exception that the maximum driveway at the street line shall not exceed 6.0 metres. The applicant is requesting a driveway width of 7.0 metres at the street line, thereby requiring a variance of 1 metre. Page 26 of 36 February 9, 2023 2 of 8 Report No. MV-2023-01 Background Subject Property and Area Context The subject property, municipally known as 17 Hawthorne Lane, is located on the south side of Hawthorne Lane, west of George Street, and north of Kennedy Street West. The property previously contained a two-storey detached dwelling, that was demolished in 2019. The property is currently vacant. The property has an area of 908.77 m2 (9782 ft2) and an approximate lot frontage of 22.86 metres (approximately 75 feet). The surrounding neighbourhood is residential and generally characterized by one and two storey dwellings, with instances of new infill development. Proposal The owner is proposing a new two-storey detached dwelling. The proposed dwelling height is 10 metres, with a GFA of 479.29 square metres. There will be a 217.56 square metre basement, 256.72 square metre ground floor and a 256.72 square metre second floor. The proposed lot coverage would be around 34%, with the zoning permitting a maximum of 35%. As mentioned, the applicant previously applied for and obtained minor variance approval in 2017 for a generally similar two-storey single detached dwelling proposal. A comparative summary of that application and the current application is outlined below: 2017 Variance Approval Current Application Proposal Front Yard Setback 8.5 metres 8.7 metres Interior Side Yard Setback 3 metres 2.3 metres Interior Side Yard Setback 2.5 metres 2.2 metres Driveway width at street line 6.65 metres 7 metres Rear Yard Setback 8.7 metres N/A – no variance required Additional Variances Chimney and Eave projection variances ranging to 1.7 metres N/A – no variance required Official Plan The subject property is designated “Stable Neighbourhoods” by the Town of Aurora’s Official Plan, which seeks to ensure that residential neighbourhoods are protected from incompatible forms of development, while allowing the neighbourhoods to be enhanced Page 27 of 36 February 9, 2023 3 of 8 Report No. MV-2023-01 over time. Further, the Stable Neighbourhoods designation provides for detached dwellings as a permitted use. Zoning The property is zoned R2 “Detached Second Density Residential Zone”, which permits detached dwellings. 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. Applicant’s stated reason(s) for not complying with the Zoning By-law As stated on the application form, “Our client applied for a variance and permit for this house and property a few years back. Rapidly changing family dynamics and space requirements cause them to pause and reconsider. Minor changes were made to the plans and elevations resulting in a slightly wider home requiring different side yard setbacks and a modification to their previously approved variance items. Effectively the same house with very minor changes, we believe this application remains minor and appropriate. This new design appropriately fulfills the current & future needs of our client.” Planning Comments Planning Staff have evaluated Minor Variance Application MV-2023-01 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 Official Plan designation is to ensure neighbourhoods are protected from incompatible forms of development, while allowing the neighbourhoods to be enhanced over time. The Official Plan states that new development abutting existing residential development shall be sympathetic to the form and character of existing development with regards to building scale and urban design. The general neighbourhood setting is characterized by one and two storey dwellings, and the scale of the proposed building matches the existing streetscape, including infill development that has occurred at neighbouring properties. Staff are of the opinion that the general intent of the Official Plan is maintained. Page 28 of 36 February 9, 2023 4 of 8 Report No. MV-2023-01 b) The proposed variance meets the general intent of the Zoning By-law The intent of the interior and front yard setback provisions is to ensure that appropriate and adequate spacing between buildings is provided for privacy, landscaping, access, and drainage. The front yard setback being proposed will still align with that of other properties along the street. The requested interior side yard setbacks will also still provide adequate space between properties as part of the single detached residential setting. The intent of the maximum driveway width provision is to ensure that lot frontage is not dominated by driveway and that there are no negative impacts to the streetscape or parking on local roads. The proposed increased driveway width aligns with the driveway widths of neighbouring properties and will not have a negative impact on the streetscape as there is sufficient room for on-street parking, and ample space between driveways on the street. The property also has sufficient lot frontage to accommodate the width, at over 22 metres. Staff are of the opinion that the requested variances are in keeping with the intent of the Zoning By-law and will result in minimal to no impacts. c) The proposed variance is considered desirable for the appropriate development of the land Staff are of the opinion that the proposed two-storey detached dwelling will not negatively impact the existing neighbourhood character. The community features instances of new infill dwellings with similar design and scale, including neighbouring properties. The proposal represents an improvement for the currently vacant lot. 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 proposed two-storey detached dwelling is considered comparatively moderate in scale and the requested variances are not anticipated to result in any negative impacts to the neighbourhood or abutting properties. As such, Staff are of the opinion that the requested variance is minor in nature. Page 29 of 36 February 9, 2023 5 of 8 Report No. MV-2023-01 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 December 12, 2022. Engineering Division No Comments. Operational Services (Parks) No Comments subject to the conditions in appendix A. Operational Services (Public Works) Not Received. Central York Fire Services Not Received. LSRCA No Comments. York Region No Comments. Alectra No Comments. 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) 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 variance, subject to the conditions outlined in Appendix ‘A’. Page 30 of 36 February 9, 2023 6 of 8 Report No. MV-2023-01 Attachments Appendix ‘A’ – Recommended Conditions of Approval Appendix ‘B’ – Site Plan and Elevations Page 31 of 36 February 9, 2023 7 of 8 Report No. MV-2023-01 Appendix ‘A’ – Recommended Conditions of Approval The following conditions are required to be satisfied should application MV-2023-01 be approved by the Committee of Adjustment: 1. That the variance only applies to the subject property, in substantial 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. 2. That the owner may be required to provide an Evaluation Report prepared by a Certified Arborist or Professional Registered Forester outlining all aspects of the impacts that this proposal will have on existing and current remaining vegetation, The report shall include recommendations and an action plan on the mitigation of negative effects to vegetation , during and post construction periods as well as measures aimed at tree health care and protection for trees effected by the project and any remaining trees in the vicinity of the project that require applicable maintenance. 3. In addition the report shall include a schedule of monitoring the ongoing site work through a series of scheduled site visits by the Arborist / Forester during and post construction to ensure the vegetation preservation measures remain in compliance throughout the project, each site visit to be documented and any resulting action items required by the Arborist /Forester shall be implemented and confirmed on site forthwith by the Arborist /Forester following each visit. 4. The owner may be required to provide vegetation compensation and a replanting plan in accordance with the Town of Aurora TREE REMOVAL/PRUNING AND COMPENSATION POLICY to the satisfaction of the Director of Operational Services as compensation for trees removed to facilitate construction. Compensation planting shall be completed prior to release of the financial securities. 5. The owner shall agree to comply with the Aurora Tree Permit By-law # 5850 -16 prior to the removal of any trees on the property. 6. The owner shall agree to provide financial securities based on the total value of the Tree Compensation evaluation and all Arboriculture works as defined by the Town and the Owners Arborist/ Forester. To the satisfaction of the Director of Parks and Recreation. Page 32 of 36 February 9, 2023 8 of 8 Report No. MV-2023-01 7. All of the above shall be included as terms and conditions in a Letter of Undertaking with the Town of Aurora to guarantee compliance with the Conditions of Approval and all related site works. Page 33 of 36 TOP OF FOUNDATION WALL (TFW) BRICK LEDGE GRADE FINISHED FLOOR (FF) FINISHED FLOOR (FF) FINISHED FLOOR (FF) BRICK LEDGE BRICK LEDGE TOP OF FOUNDATION WALL (TFW) TOP OF FOUNDATION WALL (TFW) GRADE GRADE TFW - Typ. Condition TFW - Reverse Veneer TFW - Reduced Thickness (FLAT TOP WALL) (UP-STAND) (DROPPED VENEER) DENOTES CONIFEROUS TREE (WITH TRUNK DIAMETER) TO REMAIN DENOTES DECIDUOUS TREE (WITH TRUNK DIAMETER) TO REMAIN DENOTES TREE (WITH TRUNK DIAMETER) TO BE REMOVED LEGEND MAIN LEVEL ENTRY POINT PROPERTY LINE EXISTING SPOT ELEVATION PROPOSED SPOT ELEVATION RAINWATER DOWNSPOUTS AIR CONDITIONER FRAMED HOARDING 3R 102 . 0 5 AC 102 . 0 5 0.3 Ø C 10 2 . 0 50.3Ø D 102 . 0 5 0.3 Ø D SOLID HOARDING SITE DATA LOT AREA MAX. ALLOWED COVERAGE PROPOSED COVERAGE 908.77 sm (0.091 ha) 309.55 sm (34.06%) AVERAGE FINISHED GRADE 267.39 m ZONING R2 (2) FLOOR AREA 2395.7 sf ( 222.57 sm)GROUND FLOOR SECOND FLOOR FINISHED BASEMENT AREA (COVERAGE INCLUDES HOUSE, GARAGE, & 2nd STOREY OVERHANGS) 318.07 sm (35.00%) TOTAL AREA (EXCL. 85.3sf OF STAIRS) (EXCL. 85.3sf OF STAIRS) 2763.3 sf ( 256.72 sm) 5159.0 sf ( 479.29 sm) 2341.8 sf ( 217.56 sm) drawing: LOT 19 REGISTERED PLAN 597 TOWN OF AURORA, REGIONAL MUNICIPALITY OF YORK project: KEY PLAN nts BASE INFORMATION TAKEN FROM PLAN OF SURVEY BY YOUNG & YOUNG SURVEYING LTD. (OLS) DATED MAY 26, 2017 BASE INFORMATION CITY BENCHMARK scale: date: dwn by: proj. no.:22-2020 DO/HM AUG 2017 1:150 no. date revision / comment 1 ISSUED FOR APPROVALS 3) All works to be in accordance with the ONTARIO BUILDING CODE. 2) These plans are to remain the property of the designer and must be returned upon request. These plans must not be used in any other location without the written approval of the designer. 1) Contractor to check all dimensions, specifications, etc. on site and shall be responsible for reporting any descrepancy to the engineer and/ or designer. DO NOT SCALE DRAWINGS NOTE: LOT 19 REGISTERED PLAN 597 TOWN OF AURORA, REGIONAL MUNICIPALITY OF YORK LOCATION 2 3 4 ELEVATIONS ARE GEODETIC AND ARE REFERRED TO THE TOWN OF AURORA BENCHMARK NUMBER 4035, HAVING A PUBLISHED ELEVATION OF 260.28 METRES. Custom Residence 17 Hawthorne Lane SP DAVIDSMALLDESIGNS.COM Site Plan AUG 15/17 SITE WELLINGT O N S T W YO N G E S T MU R R A Y D R KENNEDY S T W HAWTHO R N E L N GE O R G E S T GOLF L I N K S D R FAIRWAY D R TYLER S T TE M P E R A N C E S T GU R N E T T S T AVERAGE FINISHED GRADE DIAGRAM nts LOT GRADING COORD.OCT 26/17 ONTARIO LAND SURVEYOR DATE CHRIS BERESNIEWICZ PROPERTY AND HAVE PREPARED THIS PLAN TO INDICATE THE SURVEYOR'S CERTIFICATE I HAVE REVIEWED THE PLANS FOR THE CONSTRUCTION OF THIS TO THE EXISTING DRAINAGE PATTERNS OF ADJACENT PROPERTIES. OF THE MUNICIPAL SERVICES WITHOUT ANY DETRIMENTAL EFFECT ADHERENCE TO THE PROPOSED GRADES AS SHOWN WILL PROPERTIES AND MUNICIPAL SERVICES. IT IS MY BELIEF THAT PRODUCE ADEQUATE SURFACE DRAINAGE AND PROPER FACILITY COMPATIBILITY OF THE PROPOSAL TO EXISTING ADJACENT AS PER CLIENT REQUESTMAY 04/18 The Undersigned Has Reviewed And Takes Responsibility For This Design, And Has The Qualifications And Meets The Requirements Set Out In The Ontario Building Code To Be A Designer. Name Signature BCIN Firm Name BCIN Peter Giordano 25061 DAVID W. SMALL DESIGNS INC.29999 Exempt Under Division C -3.2.4.1. Of the 2012 ONTARIO Building Code. Qualification Information Required Unless The Design Is Registration Information Required Unless The Design Is Exempt Under Division C -3.2.4.1. Of the 2012 ONTARIO Building Code. AS PER INT. DESIGN COORDINATIONJUN 14/18 5 WATER SERVICE INCREASED PER CLIENTSEPT 17/18 6 AS PER CLIENT REVISIONSDEC 06/22 Top of Foundation Wall Conditions 1:30 Page 34 of 36 Page 35 of 36 Page 36 of 36