Committee of Adjustment

That the Committee of Adjustment confirm the agenda, as amended.

That the Committee of Adjustment adopt the minutes from the meeting of December 13, 2023, as circulated.

THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit i. a maximum height of 6.17 metres for the proposed accessory building; whereas Section 3.6.4 of the Zoning By-law permits a maximum height of 5 metres for an accessory building; and ii. ii. Construction of an accessory structure within the Flood Hazard (FH) Zone; whereas Section 4.1 does not permit accessory structures in the Flood Page 2 of 8 Committee of Adjustment Minutes January 10, 2024 Hazard (FH) Zone, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Owner obtain building permits for any applicable accessory structures on site that has not been previously permitted by the Town’s Building department to the satisfaction of the Development Services Division; and 2. That the Owner provide proof of payment of the LSRCA’s required plan review fee; and That the Owner provide the Town of Whitchurch-Stouffville with a signed Declaration of Use for the property that confirms that the property will be used in conformity with the Zoning By-law (2010-001-ZO).

THAT minor variance from the provisions of By-law No. 2010-001-ZO, as amended, BE AND IS HEREBY GRANTED to permit the construction of a new single detached dwelling in the Environmental (ENV) zone and intrude into a Key Natural Heritage Feature, whereas Section 3.18.4 i) of the Town’s Zoning By-law does not permit the construction of a single detached dwelling within the ENV zone within the Oak Ridges Moraine Plan Area, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Owner obtain a permit from the TRCA pursuant to the Conservation Authorities Act and its regulations prior to the proposed development and site alteration taking place; and 2. That the Owner sign a letter of undertaking (LOU) that they agree to implement mitigation measures outlined in the Natural Heritage Evaluation (NHE) prepared by Beacon Environmental Limited dated May 2023, and the tree preservation and compensation recommendations outlined in the Arborist Report prepared by Green - WHY Landscape Inc. dated September 15, 2023, to the satisfaction of Development Planning and associated review fees as applicable.

THAT PROVISIONAL CONSENT BE GIVEN to Application File No. CA-23-71 subject to fulfilment of the following conditions: 1. Payment of the applicable Administrative Fee in accordance with the current Fees and Charges By-law by certified cheque to the Town of Whitchurch- Stouffville; and 2. Submission of proof of payment to the LSRCA as per the LSRCA’s approved fee schedule for Plan Review – Consent Minor; and 3. Submission of three (3) white prints of a deposited Plan of Reference of the subject land, including review fees, which conforms to the application as submitted, and includes the calculated area of each part on the Plan; and 4. Submission of a fully executed Transfer / Deed of Land for each of the lands to be conveyed; and 5. Submission of a written undertaking from the Owner’s solicitor stating that the lands to be conveyed will only be conveyed to the property abutting to the east, legally described as PT Lots 14 and 15 CON 4, Whitchurch, PT 5, 65R28343, Whitchurch-Stouffville and municipally known as 2679 Vandorf Sideroad; and 6. Fulfilment of Conditions No. 1, 2, 3, 4, 5 and 6 not later than January 19th, 2026; and THAT Subsection 50(3) or 50(5), as the case may be, of the Planning Act, 1990 applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent.

THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit i. A minimum exterior side yard setback of 8.43 metres for the proposed building expansion; whereas Section Page 4 of 8 Committee of Adjustment Minutes January 10, 2024 5.2 of the Zoning By-law permits a minimum exterior yard setback of 12 metres, and ii. A maximum lot coverage of 16.6 percent; whereas Section 5.2 of the Zoning By-law permits a maximum lot coverage of 15 percent, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the applicant submits the TRCA plan review fee of $120.00 and obtains a Screening Letter within 60 days of the committee hearing date; and 2. That the Owner provide the Town of Whitchurch-Stouffville with a signed Declaration of Use for the property that confirms that the property will be used in conformity with the Zoning By-law (2010-001- ZO).

THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended for Application File No. CA-23-73, BE

THAT minor variance from the provisions of By-law No. 2010-001-ZO, as amended, BE AND IS HEREBY GRANTED to permit a total of 2 loading spaces for the proposed long term care facility; whereas Section 3.25.3 requires 5 loading spaces, in conformity with the plan(s) attached to the Staff Report.

THAT permission and minor variance from the provisions of By-law No. 2010-001- ZO, as amended, BE AND ARE HEREBY GRANTED to permit i. expansion of the Page 5 of 8 Committee of Adjustment Minutes January 10, 2024 existing legal non-conforming forestry business on the lands pursuant to subsection 45(2) of the Planning Act, through the reconstruction and expansion of the existing buildings devoted to the forestry use on the site; and ii. the construction of the replacement structures within the Flood Hazard Zone in conformity with LSRCA land development permit number WSP.2023.017, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Owner provide proof of payment of the LSRCA’s Plan Review Fee as requested; and 2. That the Owner shall provide confirmation from the Town’s Fire and Emergency Services Department that all requirements related to fire access routes and fire suppression have been addressed to their satisfaction; and 3. That the Owner provide photographic documentation that demonstrates that the erosion and sediment control measures as shown on drawing SP-2 dated July 4, 2021 and revised November 20, 2023 by DesignLogix Engineering Inc. has been installed; and 4. That appropriate tree protection fencing is erected around trees to be impacted by construction to the satisfaction of the Town of Whitchurch-Stouffville’s Development Services Department.

THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit: i. Lot coverage of 40.31 percent, whereas Section 5.2 of the Zoning By-law permits a maximum lot coverage of 35 percent in the R3 Zone, ii. A front yard setback of 6.0 metres, whereas Section 5.2 of the Zoning By-law requires a minimum front yard setback of 7.5 metres in the R3 Zone, iii. An interior side yard setback of 1.24 metres (east), whereas Section 5.2 of the Zoning By-law requires a minimum interior side yard setback of 1.5 metres in the R3 Zone and iv. A maximum building length of 17.82 metres, whereas Section 5.2.1(3) of the Zoning By-law permits a maximum building length of 17 metres on a lot with an interior side yard of less than 3.5 metres, in conformity with the plan(s) attached to the Staff Report

THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit i. Lot coverage of 38.66 percent, whereas Section 5.2 of the Zoning By-law permits a maximum lot coverage of 35 percent in the R3 Zone, ii. Lot coverage of 12.24 percent for all accessory buildings, whereas Section 5.3.3 of the Zoning By-law permits a maximum lot coverage of 5 percent for all accessory buildings, iii. A minimum rear yard setback of 0.03 metres for an accessory building, whereas Section 3.6.5 of the Zoning By-law requires a minimum rear yard setback of 1.2 metres for an accessory building, iv. An interior side yard setback of 1.2 metres (north), 0.88 metres (south), whereas Section 5.2 of the Zoning By-law requires a minimum interior side yard setback of 1.5 metres in the R3 Zone and v. A maximum height of 4.67 metres for an accessory building, whereas Section 3.6.4 of the Zoning By- law permits a maximum height of 4 metres for an accessory building in the R3 Zone, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Owner provide the Town of Whitchurch-Stouffville with a signed Declaration of Use for the property that confirms that the cabana will be used in conformity with the Zoning By-law; and 2. That the Owner provide architectural plans of the cabana that display stormwater will be conveyed onto lands owned by 174 Church Street North to the satisfaction of Development Planning; and

That there being no further business, the Committee adjourn the meeting at 3:01pm.