Committee of Adjustment

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

THAT Committee of Adjustment adopt the minutes from the meeting of December 9, 2020, as circulated.

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 variance to permit: i) Construction and/or expansion of a single detached dwelling in an Environmental (ENV) Zone, intruding into a Key Natural Heritage Feature, a Hydrological Feature, or an associated Minimum Vegetation Protection Zone required by the Oak Ridges Moraine Conservation Plan; ii) Maximum lot coverage of 13.3% whereas the by-law permits a maximum lot coverage of 5%; iii) Minimum front yard setback of 14.89 meters, whereas the by-law requires a minimum front yard setback of 15 meters; iv) Minimum rear yard setback of 13.39 meters, whereas the by-law requires a minimum rear yard setback of 22.5 meters; and v) Minimum interior side yard to be 7.74 meters, whereas the by-law requires a minimum interior side yard of 9 meters, in conformity with the plan(s) attached to the Staff Report, subject to the following condition: 1. THAT the applicant enters into an Oak Ridges Moraine Site Plan Agreement (SPA20.010) with the Town of Whitchurch-Stouffville which will address matters pertaining to site servicing and grading on the property in addition to the remediation measures identified in the submitted Natural Heritage Evaluation.

THAT the request to reduce the application fee by 20% for Minor Variance File No. CA- 20-23 at 63 Filbert Court, IS HEREBY GRANTED.

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 $11,675.00 per created 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 Development Services Department, Town of 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 and wastewater servicing has been allocated to the lands to be conveyed; 5. That the Owner shall provide a Lot Grading and Servicing Plan, prepared by a qualified professional Engineering Consultant, to the satisfaction of the Town’s Engineer and the Public Works Department; Page 5 of 17 Committee of Adjustment Minutes January 13, 2021 6. That the Owner shall obtain an Encroachment Permit for the proposed driveway and pay the applicable Fees & Deposits for all servicing connections to Public Works in accordance with the Fees & Charges By-law, in effect; 7. Submission of three (3) white pr

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 $11,675.00 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%) 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 Development Services Department, Town of 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 5. That the Owner shall provide a Lot Grading and Servicing Plan, prepared by a qualified professional Engineering Consultant, to the satisfaction of the Town’s Engineer and the Public Works Department; 6. That the Owner shall obtain an Encroachment Permit for the proposed driveway and pay the applicable Fees & Deposits for all servicing connections to Public Works in accordance with the Fees & Charges By-law, in effect; 7. Submission of three (3) white prints of a deposited Plan of Reference of the subject land, which conforms substantiall

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 variance(s) to permit: Part A: i) Minimum lot frontage of 11.125 m whereas the by-law requires a minimum lot Page 10 of 17 Committee of Adjustment Minutes January 13, 2021 frontage of 12 m; and ii) Minimum interior side yard of 1.2 m whereas the by-law requires a minimum interior side yard of 1.5 m. Part B: i) Minimum lot frontage of 11.125 m whereas the by-law requires a minimum lot frontage of 12 m; and ii) Minimum interior side yard of 1.2 m whereas the by-law requires a minimum interior side yard of 1.5 m; in conformity with the plan(s) attached to the Staff Report, subject to the following condition: 1. THAT the variances do not come into force and effect until the Conditions of Consent Application CA-20-24 have been fulfilled and the retained and conveyed lots are registered.

HAVING REGARD TO THE MATTERS which are to be regarded pursuant to subsection 45 of the Planning Act, it is the decision of the Committee of Adjustment that the Minor Variance BE REFUSED by reason(s) that the intent of the Zoning By-law would not be maintained, that the variance is not desirable for the residential use of the land, and, that the variance is not considered to be of a minor nature.

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 retained lot: i) A maximum building height of 26.2 metres, whereas the By-law permits a maximum building height of 20 metres; ii) A maximum floor space index of 1.47, whereas the By-law permits a maximum floor space index of 1; iii) A minimum 1.4 metre interior side yard must be landscaped, whereas by By-law a minimum of 4.5 metres of the required interior side yard must be landscaped; iv) A minimum northerly interior side yard setback of 4.5 metres, whereas the By-law requires a minimum interior side yard setback of 7.5 metres; v) A minimum front yard setback of 3.2 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; vi) A minimum southerly interior (exterior) side yard setback of 3.2 metres, whereas the By-law requires a minimum exterior side yard setback of 7.5 metres; vii) A minimum 3.1 metre southerly interior (exterior) side yard must be landscaped, whereas by By-law a minimum of 4.5 metres of the required exterior side yard must be landscaped; viii) A minimum southerly interior (exterior) side yard setback of 7.0 metres to an Accessory Building, whereas the By-law requires a minimum exterior side yard setback of 7.5 metres to an Accessory Building; ix) A patio, and above trellis to encroach into the southerly interior (exterior) side yard to the property line, whereas the By-l

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 to permit a maximum lot coverage of 19%, whereas the Zoning by-law permits a maximum lot coverage of 15%, in conformity with the plan(s) attached to the Staff Report, subject to the following conditions: 1. THAT the applicant will provide a grading plan to the satisfaction of the Town’s Engineering Department; and 2. THAT proof of payment to the TRCA of the $580.00 Minor Variance review fee be submitted.

That there being no further business, the Committee adjourn the meeting at 4:45 pm.