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Committee of Adjustment
April 14, 2021
What was decided (10 motions)
7 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 Lori Doner Jones, seconded by Carin Bacher
Carried
That the Committee of Adjustment adopt the minutes from the meeting of March 10, 2021, as amended.
Moved by Ken Wilson, seconded by Lori Doner Jones
Carried
THAT PROVISIONAL CONSENT for File No. CA-21-01 BE GRANTED in conformity with the plans attached to the Staff Report, 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; and 2. 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; and 3. Written confirmation from the Town of Whitchurch-Stouffville, that municipal addresses have been assigned to the lands to be conveyed; and 4. Confirmation that the equivalent of one (1) residential unit of water servicing has been allocated to the lands to be conveyed, by the Public Works Department; and 5. Heritage Site Plan Approval for each of the retained (Part A) and conveyed lot (Part B) shall be obtained; and 6. 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
Moved by Ken Wilson, seconded by Lori Doner Jones
Referred
THAT PROVISIONAL CONSENT application File No. CA-21-04 BE
Moved by Ken Wilson, seconded by Dean Horner
Deferred
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 new accessory structure (swimming pool), in an Environmental (ENV) Zone in the Stouffville/Ballantrae Musselman’s Lake Settlement Area, whereas it is prohibited under Section 4.1 of the Bylaw; and ii) a new accessory structure (swimming pool), related to a single detached dwelling, in an Environmental (ENV) Zone, whereas it is restricted under section 3.18.4 (iii). of the By-law, in conformity with the plan(s) attached to the Staff Report, subject to the following conditions: 1. That the Owner provide a final Natural Heritage Evaluation for review and approval to the satisfaction of the Town’s Planning Department and Lake Simcoe Region Conservation Authority in accordance with the requirements of the Oak Ridges Moraine Conservation Plan (ORMCP); and 2. That the Owner provide a Grading Plan and an Erosion and Sediment Control (ESC) Plan, prepared by a qualified professional Engineering Consultant, for review and approval to the satisfaction of the Town’s Engineering Department, together with all securities associated with costs in connection to construction of infrastructure as identified in the approved plan; and 3. That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act.
Moved by Carin Bacher, seconded by Lori Doner Jones
Carried
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 replacement and/or expansion (garage addition and new covered deck) of a single detached dwelling, lawfully existing prior to November 15, 2001, in an Environmental (ENV) Zone, whereas it is restricted under Section 3.18.4 (i) of the By-law, in conformity with the plan(s) attached to the Staff Report, subject to the following conditions: Page 14 of 21 1. That the Owner provide the Town with a verification letter, prepared by a qualified Environmental Consultant and/or Engineering Consultant, confirming that the mitigation measures identified in the Tree Protection Plan and Erosion & Sediment Control (ESC) Plan (i.e. TPP/ESC1, TPP/ESC2, TPP/ESC3, TPP/ESC4, and TPP/ESC5 dated February 17, 2021, prepared by Silv-Econ that forms Attachment 3 to the report), have been implemented; and 2. That the Owner shall address all LSRCA technical comments pertaining to natural heritage to the satisfaction of LSRCA; and 3. That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act
Moved by Ken Wilson, seconded by Carin Bacher
Carried
THAT PROVISIONAL CONSENT for File No. CA-21-14 BE GIVEN in conformity with the plans attached to the Staff Report, 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 lot by certified cheque to the Town of Whitchurch-Stouffville; and 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; and 3. Written confirmation from the Development Services Department, Town of Whitchurch-Stouffville, that municipal addresses have been assigned to the lands to be conveyed; and 4. Confirmation that the equivalent of one (1) residential unit of water and wastewater servicing has been allocated to the lands to be conveyed; and 5. That the Owner shall provide a Grading, Servicing, and Erosion and Sediment Control (ESC) Plans, prepared by a qualified professional Engineering Consultant, to the satisfaction of the Town’s Engineering and Public Works Departments, together with all securities; and Page 16 of 21 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; and 7. Submission of three (3) whit
Moved by Lori Doner Jones, seconded by Dean Horner
Referred
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 replacement and/or expansion of a single detached dwelling, lawfully existing prior to November 15, 2001, in an Environmental (ENV) Zone, whereas it is restricted under section 3.18.4 (i) of the By-law., in conformity with the plan(s) attached to the Staff Report, subject to the following conditions: 1. That the Owner shall provide a Grading, Servicing, and Erosion and Sediment Control (ESC) Plan, prepared by a qualified professional Engineering Consultant, to the satisfaction of the Town’s Engineering and Public Works Departments, together with all securities; and 2. The Owner agrees to obtain Site Plan Approval for the proposed development and enter in a Site Plan Agreement with the Town (File No. SPA20.026).
Moved by Dean Horner, seconded by Carin Bacher
Carried
THAT HAVING REGARD TO THE MATTERS which are to be regarded pursuant to subsection 51(25) of the Planning Act, it is the decision of the Committee of Adjustment that the Conditions of application File No. CA-20-05 are revised as follows: Condition No. 11 Fulfilment of Conditions No. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 not later than April 29th, 2022. AND THAT HAVING REGARD TO THE MATTERS which are to be regarded pursuant to subsection 51(25) of the Planning Act, it is the decision of the Committee of Adjustment that the Conditions of application File No. CA-20-06 are revised as follows: Condition No. 2 The Owner shall obtain a discharge and/or release for all encumbrances over Parts 4, 5 and 14 on Plan 65R-38999, prior to their conveyance to the Town, to the satisfaction of the Town Solicitor; Page 20 of 21 Condition No. 3 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; Condition No. 4 Submission of fully executed Transfers/Deeds of Land for the lands to be conveyed; and Condition No. 5 Fulfilment of Conditions No. 1, 2, 3, and 4 not later than April 29, 2022.
Moved by Dean Horner, seconded by Ken Wilson
Carried
That there being no further business, the Committee adjourn the meeting at 4:03 pm.
Moved by Dean Horner, seconded by Lori Doner Jones