Committee of Adjustment

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

That the Committee of Adjustment adopt the minutes from the meeting on January 13, 2021, as circulated.

THAT PROVISIONAL CONSENT application File No. CA-21-01 BE

THAT PROVISIONAL CONSENT for File No. CA-21-03 BE GIVEN subject to fulfilment of the following conditions: 1. Payment of an Administrative Fee in the amount of $8,308.00 by certified cheque to the Town of Whitchurch-Stouffville; 2. Payment to the TRCA of $105.00 for their review of the subject application; 3. Submission of a written undertaking from the Owner’s solicitor stating that the lands to be conveyed will only be conveyed to the property abutting to the south-east, legally described as Part Lot 24 and part lot 6 Plan 321 Markham Page 5 of 16 as in R608630, except part 1, 65R37108, Town of Whitchurch-Stouffville and known municipally as 14B Albert Street, to be taken into the same title; 4. The Owner provide the Secretary-Treasurer with the Acknowledgement and Direction for conveyance of the subject parcel, together with a copy of the deposited reference plan, for use in the issuance of the Certificate of Consent; 5. Submission of a fully executed Transfer/Deed of Land for each of the lands to be conveyed; and 6. Fulfilment of Conditions No. 1, 2, 3, 4, and 5 not later than March 24th, 2022.

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 reconstructed and enlarged accessory building with a building height of 5.3 metres whereas the by-law permits a maximum building height of 4.0 metres, in conformity with the plan(s) attached to the Staff Report, subject to the following conditions: 1. The variance does not come into full force and effect until the requirements of the Residential (Heritage) Site Plan Control Application SPA21.001 have been fulfilled and a Site Plan Agreement signed, including Revised and satisfactory drawings; and 2. The applicant obtain a permit under Ontario Regulation 166/06, with the Toronto and Region Conservation Authority (TRCA). 3. The Owner shall submit a grading and drainage plan to the satisfaction of the Town’s Engineering Department; 4. That the Owner provide written confirmation from the Development Services Department that the Owner has entered into a Warning Clause Agreement with the Town of Whitchurch-Stouffville, acknowledging and accepting liability for the Lot grading and drainage for the property which does not meet Town Standards, and as such may result in prolonged wet conditions which may include, but not be limited to, ponding and saturated ground conditions, and which may impact the ability of future development on the lands, which if permitted, will require further agreements and permits with the Town. The Agree

THAT PROVISIONAL CONSENT for File No. CA-21-07 BE GIVEN subject to fulfilment of the following conditions: Page 8 of 16 1. Payment of the applicable Administrative Fee per created lot, in accordance with the current Fees and Charges Bylaws at the time the lands are conveyed (severed) by certified cheque to the Town of Whitchurch-Stouffville; 2. 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; 3. Written confirmation from the Clerks Department, Town of Whitchurch- Stouffville, that municipal addresses have been assigned to the lands to be conveyed (severed); 4. The Owner provide private locates identifying existing servicing and utilities to both the conveyed (severed) and retained lands, for review and approval by the Town’s Engineer and the Public Works Department. A review fee will apply to the review of the locates; 5. The Owner submit a Draft Reference Plan (‘R-Plan’), for review and approval by the Town’s Engineer and the Public Works Department prior to registration. A review fee will apply to the review of the

THAT PROVISIONAL CONSENT for File No. CA-21-08 BE GIVEN subject to fulfilment of the following conditions: 1. Payment of the applicable Administrative Fee per created lot, in accordance with the current Fees and Charges Bylaws at the time the lands are conveyed (severed) by certified cheque to the Town of Whitchurch-Stouffville; 2. 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 Page 10 of 16 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; 3. Written confirmation from the Clerks Department, Town of Whitchurch- Stouffville, that municipal addresses have been assigned to the lands to be conveyed (severed); 4. The Owner provide private locates identifying existing servicing and utilities to both the conveyed (severed) and retained lands, for review and approval by the Town’s Engineer and the Public Works Department. A review fee will apply to the review of the locates; 5. The Owner submit a Draft Reference Plan (‘R-Plan’), for review and approval by the Town’s Engineer and the Public Works Department prior to registration, identifying the existing and /or proposed ea

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 construction and/or expansion of a single detached dwelling within 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, in conformity with the plan(s) attached to the Staff Report, subject to the following condition: 1. That the property Owner pay the required review fee of $525.00 to the Lake Simcoe Region Conservation Authority for review of the Minor Variance Application.

THAT minor variances AS AMENDED 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: i) Construction and/or expansion of a single detached dwelling and new residential uses, buildings and structures 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) A minimum interior side yard (west) setback of 8.7 metres, whereas the Bylaw requires a minimum interior side yard setback of 9 metres; and iii) A minimum interior side yard (east) setback Page 13 of 16 of 7.5 metres, whereas the Bylaw requires a minimum interior side yard setback of 9 metres, in conformity with the plan(s) attached to the Staff Report, subject to the following conditions: 1. The applicant agrees to obtain Site Plan Approval for the proposed development and enter in a Site Plan Agreement with the Town.

Page 14 of 16 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 i) a minimum interior side yard setback to a deck of 7.9 metres, whereas the By-law requires a minimum interior side yard setback of 9 metres; and ii) to permit non-street entrance stairs to project 2.4 metres into the minimum required interior side yard, whereas the By-law permits a maximum projection of 1.8 metres into the minimum required interior side yard., in conformity with the plan(s) attached to the Staff Report, subject to the following condition: 1. The Owner shall build in substantial conformity with the Partial Site Plan Drawing A1.1 dated February 10, 2021, prepared by Stone’s Throw Design Inc. that forms Attachment 2, to this report.

That there being no further business, the Committee adjourn the meeting at 3:21pm.