Committee of Adjustment

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

That Committee of Adjustment adopt the minutes from the meeting of August 12, 2020, as circulated.

THAT minor variance from the provisions of By-law No. 2010-001-ZO, as amended, IS HEREBY GRANTED to the above-noted property, said variance to permit construction of swimming pool and landscaped area within an Environmental (ENV) Zone, whereas it is prohibited under section 3.18.4 (i) and (iii) of the By-law, in conformity with the plan(s) attached to the Staff Report.

THAT the request to waive the application fee in full for the Minor Variance Application, File No. CA-20-15 at 48 Wilderness Trail, IS HEREBY GRANTED.

THAT minor variance from the provisions of By-law No. 2010-001-ZO, as amended, BE AND IS HEREBY GRANTED to the above-noted property, said variance to permit a maximum building length of 22.75 metres, whereas the By-law permits a maximum building length of 19.5 metres, subject to the following conditions: i) The Owner shall build in substantial conformity with the Site Plan dated July 2020 that forms Attachment 2, and the Elevation Drawing received by the Town on August 11, 2020, that forms Attachment 3 to the report; ii) The Owner shall pay the Planning Review fee in the amount of $105.00 to Toronto Region Conservation Authority.

HAVING REGARD TO THE MATTERS which are to be regarded pursuant to subsection 51(24) of the Planning Act, it is the decision of the Committee of Adjustment that PROVISIONAL CONSENT BE GIVEN subject to fulfilment of the following conditions: 1. Payment of an Administrative Fee in the amount of $11,401.00 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%) the appraised value of each lot, by cash or certified cheque, to the Town Whitchurch- Stouffville, together with payment of any appraisal costs, plus an administrative fee of 10% incurred by the Town; 3. Written confirmation from the Development Services Department, Town Whitchurch-Stouffville, that municipal addresses have 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 remaining capacity in the Region’s Ballantrae system; 5. That the Owner shall obtain a permit under from Lake Simcoe Region Conservation Area, under Ontario Regulation 179/06 prior to the propose development and site alteration taking place; 6. That the Owner shall pay all development and review fees to the Lake Simcoe Region Conservation Area in accordance with the approved Fees Policy under the Conservation Authorities Act for both the applications; 7. That the Owner shall provide a Lot Grading and Servicing Plan, prepared by a qualified

THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to the above-noted property, said variances to permit: For the lands to be retained: i) A minimum rear yard setback of 4.2 metres, whereas the By-law requires a minimum rear yard setback of 12.0 metres, ii) A minimum interior side yard of 1.2 metres on the west side of the property whereas the By-law requires a minimum of 3.5 metres, iii) A minimum lot frontage of 18.09 metres, whereas the By-law requires a minimum lot frontage of 35 metres, and, iv) A minimum lot area of 480.56m2, whereas the By-law requires a minimum lot area of 0.5ha (5000m2). AND for the lands to be conveyed: i) A minimum rear yard setback of 7.2 metres, whereas the By-law requires a minimum rear yard setback of 12 metres, ii) A minimum lot frontage of 24.23 metres, whereas the By-law requires a minimum lot frontage of 35 metres, and iii) A minimum lot area of 593.33m2, whereas the By-law requires a minimum lot area of 0.5ha(5000m2). in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. The variances do not come into force and effect until the Conditions of Consent Application CA-20-14 have been fulfilled and the retained and conveyed lots are registered.

HAVING REGARD TO THE MATTERS pursuant to subsection 51(24) of the Planning Act, and the Decision issued by Local Planning Appeal Tribunal on June 11, 2019, it is the decision of the Committee of Adjustment that CHANGE OF CONDITIONS FOR PROVISIONAL CONSENT BE GIVEN subject to fulfilment of the following amended Condition No. ii: ii The owner shall agree in the Development Agreement to pay cash-in-lieu of Parkland in the amount of five percent (5%) of the appraised value of the new lot, by cash or certified cheque, to the Town of Whitchurch-Stouffville prior to the issuance of a building permit, based on the appraisal to be completed by the Owner.

That there being no further business, the Committee adjourn the meeting at 3:13 pm.