The Whitchurch-Stouffville Record

Committee of Adjustment

March 8, 2023

What was decided (11 motions)

8 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

That the Committee of Adjustment confirm the agenda, as circulated.
Moved by Joseph Bonura, seconded by Ken Wilson
Carried
THAT PROVISIONAL CONSENT BE GIVEN to Application File No. CA-22-52 subject to fulfilment of the following conditions: 1. Payment of 20 percent of the applicable Administrative Fee in accordance with the current Town’s Fees and Charges By-law per conveyed lot by certified cheque to the Town of Whitchurch-Stouffville; and 2. Submission of three (3) white prints of a deposited Plan of Reference of the subject land, including review fees, which conforms substantially with the application as submitted, and includes the calculated area of each part on the Plan; and 3. Submission of a fully executed Transfer / Deed of Land for each of the parcels of lands to be conveyed. 4. Fulfilment of Conditions No. 1, 2, and 3 not later than March 17th, 2025. AND 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 lot frontage of 18.28 metres for the lands to be retained along Main Street (Part 4) whereas the by-law requires a minimum lot frontage of 30 metres; and ii. A minimum lot area of 778.2 square metres for the lands to be retained along Main Street (Part 4) whereas the by-law requires a minimum lot area of 1850 square metres; and iii. A minimum lot frontage of 22.0 metres for the lands to be conveyed (Parts 2 & 3) whereas the by-law requires a minimum lot frontage of 30 metres; and iv. A minimum of 12.4 percent landscape area for the lands to be conveyed (Parts 2 &3) whereas the by-law requires a minimum of 20 p
Moved by Joseph Bonura, seconded by Lori Doner Jones
Carried
THAT PROVISIONAL CONSENT BE GIVEN to Application file No. CA-23-06 subject to fulfilment of the following conditions: 1. Payment of the applicable Administrative Fee in accordance with the current Town’s Fees and Charges By-law per application by certified cheque to the Town of Whitchurch-Stouffville; and 2. That the Owner provide proof of payment of the LSRCA Plan Review Fee and Minor Variance/Consent Review Fee in accordance with the Approved Fees Policy of the LSRCA; and 3. 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 land abutting to the east (Part of E ½ of NW ¼ and W ½ of NE ¼ of Lot 16 Concession 8) municipally known as 58 Windsor Drive, to be taken into the same title; and 4. That the Owner submit three 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; and v. That the Owner Submit a fully executed Transfer/Deed for the land to be conveyed in favour of the Owner of the land abutting to the east (Part of E ½ of NW ¼ and W ½ of NE ¼ of Lot 16 Concession) municipally known as 58 Windsor Drive. 5. Fulfilment of Conditions No. 1, 2, 3 and 4 not later than March 23rd, 2025.
Moved by Ken Wilson, seconded by Lori Doner Jones
Carried
THAT PROVISIONAL CONSENT BE GIVEN to application file No. CA-23-07 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. Confirmation that the equivalent of one (1) residential unit of water servicing has been allocated to the lands to be conveyed, from the Town of Whitchurch- Stouffville; 5. 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 and infrastructure assessment, lands
Moved by Joseph Bonura, seconded by Ken Wilson
Referred
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 two- storey addition to the existing single detached dwelling in the ENV Zone and intrude into a Key Natural Heritage Feature, whereas Sections 3.18.4 i) requires there be no change in use and that such expansions do not intrude into a Key Natural Heritage Feature in the Oak Ridges Moraine., in conformity with the plan(s) attached to the Staff Report
Moved by Joseph Bonura, seconded by Lori Doner Jones
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 accessory building (greenhouse) in the ENV Zone and intrude into a Key Natural Heritage Feature, whereas Sections 3.18.4 iii) of the By-law requires there be no change in use and that such expansions do not intrude into a Key Natural Heritage Feature in the Oak Ridges Moraine, ii. A minimum interior side yard setback of 7.21 metres (east and west sides) whereas Section 3.43 of the By-law requires a minimum of 9 metres; Page 11 of 17 Committee of Adjustment Minutes March 8, 2023 and iii. A maximum gross floor area of 208.5 square metres for all accessory buildings whereas Section 3.18.4 iii) requires a maximum gross floor area of 200 square metres for all accessory buildings., in conformity with the plan(s) attached to the Staff Report
Moved by Joseph Bonura, seconded by Lori Doner Jones
Carried
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit i. A single detached dwelling and accessory building (detached garage) in the ENV Zone and intrude into a Key Natural Heritage Feature, whereas Sections 3.18.4 i) and iii) of the By- law requires there be no change in use and that such expansions do not intrude into a Key Natural Heritage Feature in the Oak Ridges Moraine ii. A maximum height of 5.52 metres for the accessory building whereas Section 3.6.4 of the By- law permits a maximum height of 5 metres; and iii. An accessory building to be located closer to the street than the main building on the lot, whereas Section 3.6.3 does not permit an accessory building closer to the street than the main building on a lot., in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That a Grading Plan be prepared to the satisfaction of the Public Works Department, which shows the impact within the Municipal Right-of-Way; and 2. That the applicant obtain a permit from the TRCA under Ontario Regulation 166/06, as amended, for the proposed works; and Page 13 of 17 Committee of Adjustment Minutes March 8, 2023 3. That the Owner ensure that the Provisions of By-Law 2013-167-RE are complied with regards to order to comply No. BLC-2022-608 to the satisfaction of the Manager, Municipal Law Enforcement.
Moved by Joseph Bonura, seconded by Lori Doner Jones
Carried
Page 14 of 17 Committee of Adjustment Minutes March 8, 2023 THAT minor variance from the provisions of By-law No. 2010-001-ZO, as amended, BE AND IS HEREBY GRANTED to permit a single detached dwelling in the ENV Zone and intrude into a Key Natural Heritage Feature, whereas Sections 3.18.4 i) of the By-law requires there be no change in use and that such expansions do not intrude into a Key Natural Heritage Feature in the Oak Ridges Moraine, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Applicant remits TRCA’s review fee of $950.00 for the subject application; and 2. That the Applicant obtain a permit from the TRCA under Ontario Regulation 166/06, as amended, for the proposed works.
Moved by Joseph Bonura, seconded by Ken Wilson
Carried
That Minor Variance Application File No. CA-23-13, BE AND IS HEREBY APPROVED SUBJECT TO CONDITIONS
Moved by Ken Wilson, seconded by Joseph Bonura
Withdrawn
That Minor Variance Application File No. CA-23-13, BE AND IS HEREBY
Moved by Ken Wilson, seconded by Lori Doner Jones
Deferred
That there being no further business, the Committee adjourn the meeting at 3:21 pm.
Moved by Joseph Bonura, seconded by Ken Wilson
Carried

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