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Committee of Adjustment
May 10, 2023
What was decided (12 motions)
9 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.
That the Committee of Adjustment confirm the agenda, as amended.
Moved by Joseph Bonura, seconded by Joanne Burnett
Carried
That the Committee of Adjustment adopt the minutes from the meeting of April 12, 2023, as amended to revise the wording for File No CA-22-57 on page 4 of 19 with the following: Appearance in Support: Paul Guest of Betz Pools, Agent Mark Luff of Betz Pools, Agent Resident of 265 Second St. Other Appearances: Resident of 271 Second St. Resident of 383 Elm Rd. And for File No CA-23-21 on page 15 of 19 with the following: - The application is for the conversion of a fish and chips restaurant to a convenience store gas bar
Moved by Joanne Burnett, seconded by Ken Wilson
Carried
Page 3 of 18 Committee of Adjustment Minutes May 10, 2023 THAT minor variances AS AMENDED from the provisions of By-law No. 2010-001- ZO, as amended, BE AND ARE HEREBY GRANTED to permit i. an interior side yard setback of 0.56 metres on the west side of the proposed garage addition whereas the by-law requires an interior side yard setback of 1.5 metres to the garage addition; and ii. an interior side yard setback of 1.2 metres to an accessory structure whereas the by-law requires an interior side yard setback of 1.5 metres to an accessory structure; and iii. a maximum lot coverage of 38.4 percent whereas the By-law permits a maximum lot coverage of 35 percent; and iv. a maximum building length of 21.07 metres whereas the By-law permit a maximum building length of 19 metres., subject to the following condition(s): 1. That the Owner provide a revised grading and drainage to the Town’s Engineering Department to be approved by the Town’s Engineer.
Moved by Joseph Bonura, seconded by Joanne Burnett
Carried
THAT minor variance from the provisions of By-law No. 2010-001-ZO, as amended, BE AND IS HEREBY GRANTED to permit a minimum interior side yard setback of zero (0) metres to a driveway, whereas the by-law requires a minimum interior side yard setback of 1.2 metres to the driveway
Moved by Joseph Bonura, seconded by Ken Wilson
Carried
Page 6 of 18 Committee of Adjustment Minutes May 10, 2023 THAT PROVISIONAL CONSENT BE GIVEN to Application File No. CA-23-24 subject to fulfilment of the following conditions: 1. Payment of 5% of the appraised value of the new lot be made to the Town of Whitchurch-Stouffville in lieu of parkland dedication. The appraisal shall be completed by a qualified appraiser, in accordance with Section 53(13) of the Planning Act, R.S.O 1990 as amended, which provides, in part, ‘for the purpose of determining the amount of the payment, the value of the land shall be determined as of the day before the day the provisional consent was given’, plus an administrative fee of 10% incurred by the Town; 2. Payment of the applicable Administrative Fee in accordance with the current Town’s Fees and Charges By-law per created lot, by certified cheque to the Town of Whitchurch-Stouffville; 3. Written confirmation from the Clerks Department, Town of Whitchurch- Stouffville, that a municipal address has been assigned to the lands to be conveyed; 4. Written confirmation from the Town Engineer in the Development Services Department that the Owner has entered into a Development Agreement with the Town of Whitchurch-Stouffville concerning the proposed lots, which will include all related matters such as site engineering, lot grading and drainage, servicing, erosion and sediment control, construction management plan, and traffic management plan; a. That the Owner provide a Grading Plan, Servicing Plan, Ero
Moved by Ken Wilson, seconded by Joseph Bonura
Referred
THAT PROVISIONAL CONSENT BE GIVEN to Application File No. CA-23-26 subject to fulfilment of the following conditions: Page 9 of 18 Committee of Adjustment Minutes May 10, 2023 1. Payment of the applicable Administrative Fee in accordance with the current Town’s Fees and Charges By-law per lot by certified cheque to the Town of Whitchurch-Stouffville; 2. Payment of a cash-in-lieu of Parkland in the amount of five percent (5%) of the appraised value of each lot, by cash or certified cheque, to the Town of Whitchurch-Stouffville, together with payment of any appraisal costs, plus an administrative fee of 10% incurred by the Town; 3. Written confirmation from the Clerks Department, Town of WhitchurchStouffville, that municipal addresses have been assigned; 4. The Town of Whitchurch-Stouffville, Town Engineer in the Development Services Department shall provide confirmation to the Region that that water and wastewater servicing allocation is available for the proposed new lot; 5. Submission of three (3) white prints of a deposited Plan of Reference of the subject land, which conforms substantially with the application as submitted, and includes the calculated area of each part on the Plan; 6. Written confirmation from the Development Services Department that the Owner has entered into a Development Agreement with the Town of Whitchurch-Stouffville for the proposed lots, which will include all related matters such as site engineering, lot grading and drainage, servicing and infrast
Moved by Joanne Burnett, seconded by Joseph Bonura
Referred
THAT PROVISIONAL CONSENT BE GIVEN to Application File No. CA-23-28 subject to fulfilment of the following conditions: 1. Payment of the applicable Administrative Fee in accordance with the Town’s current Fees and Charges By-law per application by certified cheque to the Town of Whitchurch-Stouffville; 2. That the Owner submit a written undertaking from their solicitor that, at the time of registration, the land to be conveyed will only be conveyed to the Owner of the property municipally known as 56 Windsor Drive (LT 33, PL 182); 3. That the Owner submit three white prints of a deposited Plan of Reference of the subject lands, which conforms substantially with the application as submitted and includes the calculated area of each part on the Plan; 4. That the Owner submit a fully executed Transfer/Deed for the land to be conveyed in favour of the Owner of the Lands at 56 Windsor Drive (LT 33 PL 182); 5. That the Owner agree to register a restrictive covenant on the title of the conveyed lands that would read as follows: “No buildings, structure or infrastructure shall be constructed on these lands and there shall be no site alteration of these lands; 6. That the Owner provide proof of payment from the LSRCA for the LSRCA Plan Review Fee in accordance with the approved Fees Policy of $536.00 7. Fulfilment of Conditions No. 1, 2, 3, 4, 5, 6 and 7 not later than May 26th, 2025. Page 12 of 18 Committee of Adjustment Minutes May 10, 2023 AND THAT Subsection 50(3) or 50(5), as the c
Moved by Norm Bresser, seconded by Joseph Bonura
Carried
THAT PROVISIONAL CONSENT BE GIVEN to Application File No. CA-23-29 subject to fulfilment of the following conditions: 1. Payment of the applicable Administrative Fee in accordance with the Town’s current Fees and Charges By-law per application by certified cheque to the Town of Whitchurch-Stouffville; 2. That the Owner submit a written undertaking from their solicitor that, at the time of registration, the land to be conveyed will only be conveyed to the Owner of the property municipally known as 5841 Lakeshore Road (LT 17 PL 135 and PT LT 18 Plan 135), to be taken into the same title; 3. That the Owner submit three white prints of a deposited Plan of Reference of the subject lands, which conforms substantially with the application as submitted and includes the calculated area of each part on the Plan; 4. That the Owner submit a fully executed Transfer/Deed for the land to be conveyed in favour of the Owner of the Lands at 5841 Lakeshore Road (LT 17 PL 135 and PT LT 18 PL 135); 5. That the Owner agree to register a restrictive covenant on the title of the conveyed lands that would read as follows: “No buildings, structure or infrastructure shall be constructed on these lands and there shall be no site alteration of these lands; 6. That the Owner shall provide proof of payment to the LSRCA for the LSRCA Plan Review Fee in accordance with the approved Fees Policy of $536.00. 7. Fulfilment of Conditions No. 1, 2, 3, 4, 5, 6 and 7 not later than May 26th, 2025. AND THAT Subsectio
Moved by Joanne Burnett, seconded by Ken Wilson
Carried
THAT minor variance from the provisions of By-law No. 2010-001-ZO, as amended, BE AND IS HEREBY GRANTED to permit a deck within the Flood Hazard (FH) Zone, whereas the By-law does not permit development to be constructed within 30 metres of a watercourse or 120 metres from a Key Natural Heritage Feature
Moved by Joseph Bonura, seconded by Norman Bresser
Carried
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit i. an interior side yard setback of 1.03 metres to the proposed detached garage, whereas the By-law requires a minimum interior side yard of 6 metres; and ii. a maximum lot coverage of 17.02 percent inclusive of the proposed garage, whereas the By-law permits a maximum lot coverage of 15 percent
Moved by Joanne Burnett, seconded by Joseph Bonura
Carried
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY
Moved by Joanne Burnett, seconded by Joseph Bonura
Deferred
That there being no further business, the Committee adjourn the meeting at 3:15pm.