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Committee of Adjustment
January 12, 2022
What was decided (7 motions)
6 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
That the Committee of Adjustment confirm the agenda, as amended.
Moved by Dean Horner, seconded by Ken Wilson
Carried
That the Committee of Adjustment adopt the minutes from the meeting of December 8, 2021, as amended to revise the wording for File No. CA-21-44 on page 4 of 10, with the following. - They would ask for removal of condition 6 from recommendations, as they felt the restrictive covenant provides protection of Windsor Lake and the wetland - With respect to the contour of the parcels along Windsor Lake, this consent would be consistent with the sizes of adjacent back yards. - That their understanding is a letter would be to confirm that the area is not intended for development. In response to the Chair’s request if the applicants wished to defer on the basis on their comments, the applicants advised they did not wish a deferral.
Moved by Carin Bacher, seconded by Dean Horner
Carried
That the Committee of Adjustment adopt the minutes from the Appeals meeting of July 7, 2021 as circulated.
Moved by Carin Bacher, seconded by Ken Wilson
Carried
Page 3 of 6 Committee of Adjustment Minutes January 12, 2022 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 rear yard setback of 12.4 metres whereas Section 3.43 Table 7B of the by-law requires a minimum rear yard of 22.5 metres, ii.) a new single detached dwelling, in an Environmental (ENV) Zone, whereas it is restricted under Section 3.18.4 (i). of the By-law, and iii.) a Minimum Distance Separation of 322 metres from an existing livestock (poultry) facility to a new single detached dwelling whereas Section 3.39 of the by-law requires a Minimum Distance Separation of 338.5 metres, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Owner shall pay all development fees to the Lake Simcoe Regional Conservation Authority in accordance with the approved Fees Schedule under the Conservation Authorities Act (Note: Under the 2021 LSRCA Fee Schedule, this amount is $525.00); 2. Written confirmation from the Development Services Department that the Owner enters into a Warning Clause Agreement with the Town of Whitchurch-Stouffville concerning the proposed development which would acknowledge that the poultry operations located on the property to the north may result in odour impacts. The Warning Clause Agreement must be registered on Title in order to fulfill this Condition. The said Agreement shall include the following provision: i. That the
Moved by Carin Bacher, seconded by Dean Horner
Referred
THAT minor variance from the provisions of By-law No. 2010-001-ZO, as amended, BE AND IS HEREBY GRANTED to permit a maximum building length of 21.7 metres whereas Section 5.2.1(4) of the by-law permits a maximum building length of 19 metres, in conformity with the plan(s) attached to the Staff Report.
Moved by Ken Wilson, seconded by Carin Bacher
Carried
1) THAT HAVING REGARD TO THE MATTERS which are to be regarded pursuant to subsection 51(25) of the Planning Act, it is the decision of the Committee of Adjustment that the Conditions of the Decision dated January 12, 2021 are revised as follows: Condition No. 12. Fulfilment of Conditions No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 not later than January 26th, 2024. 2) THAT Committee resolve that the change to the referenced condition is a result of the change in legislation, no notice is required to be given; and 3) THAT the Committee waive any costs in connection with respect to the change of conditions.
Moved by Ken Wilson, seconded by Carin Bacher
Carried
That there being no further business, the Committee adjourn the meeting at 2:38 pm.