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Committee of Adjustment
June 14, 2023
What was decided (16 motions)
15 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
That the Committee of Adjustment confirm the agenda, as circulated.
Moved by Joanne Burnett, seconded by Ken Wilson
Carried
That the Committee of Adjustment adopt the minutes from the meeting of May 10, 2023, as circulated.
Moved by Ken Wilson, seconded by Joanne Burnett
Carried
THAT minor variances AS AMENDED from the provisions of By-law No. 2010- 001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit i) A front yard setback of 7.05 metres whereas Section 5.2 of the By-law requires a minimum of 10 metres; and ii) A rear yard setback of 10.02 metres whereas Section 5.2 of the By-law requires a minimum of 12 metres; and iii) An interior side yard setback of 1.83 metres (east) and 3.04 metres (west) whereas Section 5.2 of the By-law requires a minimum of 3.5 metres; and iv) A proposed lot coverage of 30 percent whereas Section 5.2 of the By-law requires a maximum of 15 percent; and v.) A minimum garage parking length of 5.84 metres whereas Section 3.24.6.1 of the Zoning By-law requires a minimum length of 6 metres, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Owner shall pay the LSRCA Plan Review Fee in accordance with the approved Fees Policy (Note: Payment is currently outstanding for the LSRCA review for the minor variance application of $536.00 per the LSRCA 2023 Fee Schedule); and Page 2 of 9 Committee of Adjustment Minutes June 14, 2023 2. That the Owner obtain written approval or an LSRCA Permit under Ontario Regulation 179/06 prior to the proposed development and site alteration taking place; and 3. That the Owner shall submit a Grading and Servicing Plan according to the Town’s Engineering Standards to the satisfaction of the Town’s Engineering Division, and provide the Engin
Moved by Joanne Burnett, seconded by Norman Bresser
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 minimum parking requirement of two (2) parking spaces, whereas Section 3.23.1 of the Zoning By- law requires a minimum parking requirement of eight (8) parking spaces; and ii) A minimum parking requirement of zero (0) barrier-free parking spaces whereas the Zoning By-law requires a minimum of one (1) Type A barrier free parking space, in conformity with the plan(s) attached to the Staff Report
Moved by Joanne Burnett, seconded by Ken Wilson
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 minimum southerly interior side yard of 2.4 metres whereas the bylaw requires a minimum interior side yard of 3.5 metres; and ii.) A minimum front yard setback of 6.4 metres whereas the by-law requires a minimum front yard setback of 10 metres; and iii.) A maximum lot coverage of 31.8 percent whereas the by-law permits a maximum lot coverage of 15 percent; and iv.) A second suite to be connected to the principal dwelling unit by a breezeway, in conformity with the plan(s) attached to the Staff Report.
Moved by Ken Wilson, seconded by Joanne Burnett
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 front yard setback of 7.50 metres, whereas Section 5.2 of the Zoning ByLaw requires a minimum front yard setback of 10 metres; ii) A rear yard setback of 8.55 metres, whereas Section 5.2 of the Zoning By-law requires a minimum rear yard setback of 12 metres; iii) An interior yard setback of 1.5 metres (east) and 1.5 metres (west), whereas Section 5.2 of the Zoning By-law requires a minimum interior side yard setback of 3.5 metres; and iv) A proposed lot coverage of 34.71 percent, whereas Section 5.2 of the Zoning Bylaw requires a maximum lot coverage of 15 percent, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Owner submit a Grading, Servicing, and Erosion and Sediment Control Plan, prepared by a qualified professional Engineering Consultant, to the satisfaction of the Town’s Engineering Staff, and provide the Engineering review fee of $883 + HST in accordance with the Town’s Fees and Charges by-law; and 2. That the Owner shall pay the LSRCA Plan Review Fee in accordance with the approved Fees Policy (Note: payment is currently outstanding for the LSRCA review of the minor variance application of $536.00 per the LSRCA 2023 Fee Schedule); and 3. That the Owner shall obtain a permit from the LSRCA under Ontario Regulation 179/06 prior to the proposed development and site alteration taking plac
Moved by Joanne Burnett, seconded by Norman Bresser
Carried
THAT PROVISIONAL CONSENT BE GIVEN to Application File No. CA-23-34 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 2. 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 west (Part Block A Plan 135 Whitchurch part 3 plan 65R2403) municipally known as 8 Coultice Drive, to be taken into the same title 3. 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 4. 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 west (Part Block A Plan 135 Whitchurch part 3 plan 65R2403) municipally known as 8 Coultice Drive 5. Fulfilment of Conditions No. 1, 2, 3 and 4 not later than June 30th, 2025. AND THAT Subsection 50(3) or 50(5), as the case may be, of the Planning Act, 1990 applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent. AND THAT minor variances AS AMENDED from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit i.) A minimum
Moved by Joanne Burnett, seconded by Ken Wilson
Carried
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit construction of a garage addition to the single detached dwelling in the ENV Zone whereas Sections 3.18.4 i) requires that any expansion does not intrude into the ENV Zone within the Oak Ridges Moraine Plan Area, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Owner provide photographic documentation that demonstrates that the combined erosion and sediment control and tree protection fencing is erected as per drawing EGR 1.1 prepared by King EPCM, dated October 30, 2022
Moved by Norman Bresser, seconded by Joanne Burnett
Carried
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit construction of an addition (Sunroom) to an existing single detached dwelling within the ENV Zone whereas Section 3.18.4 i) requires that any addition to an existing single detach dwelling not intrude into the ENV Zone within the Oak Ridges Moraine Plan Area, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the applicant provide proof of payment from the LSRCA of the LSRCA’s Minor Variance review fee of $536.00 as requested.
Moved by Ken Wilson, seconded by Joanne Burnett
Carried
THAT Application File No. CA-23-38 be
Moved by Norman Bresser, seconded by Joanne Burnett
Deferred
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit i.) The construction of a single detached dwelling in the Environmental (ENV) Zone whereas Section 3.18.4 i) of the By-law restricts construction within the Environmental (ENV) Zone; and ii.) A minimum easterly interior side yard setback of 4.57 metres and a minimum westerly side yard setback of 3.55 metres whereas section 3.43 of the Town’s Zoning By-law requires a minimum side yard setback of 9 metres, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That That the Owner shall provide a Site Plan, Natural Heritage Evaluation, Tree Protection and Preservation Plan including recommendations to the satisfaction of Development Planning; and 2. That the Owner shall sign a Letter of Undertaking agreeing to implement Natural Heritage Evaluation and Tree Protection and Preservation Plan recommendations to the satisfaction of Development Planning.
Moved by Joanne Burnett, seconded by Ken Wilson
Carried
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit a maximum height of 6.03 metres for a proposed accessory building whereas Section 3.6.4 of the Zoning By- law permits a maximum height of 5 metres for an accessory building, in conformity with the plan(s) attached to the Staff Report
Moved by Ken Wilson, seconded by Joanne Burnett
Carried
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit the construction of an accessory building (swimming pool) in the Environmental (ENV) Zone whereas Section 3.18.4 iii) of the By-law restricts construction within the Environmental (ENV) Zone, in conformity with the plan(s) attached to the Staff Report
Moved by Joanne Burnett, seconded by Ken Wilson
Carried
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to permit i.) The construction of a detached accessory garage in the Environmental (ENV) Zone whereas Section 3.18.4 iii) of the Zoning By-law restricts construction within the Environmental (ENV) Zone ii.) An increased accessory lot coverage of 236.35 square metres; whereas Section 3.18.4 iii) of the Zoning By-law permits a maximum lot coverage of all accessory buildings of 5% of the lot area, to a maximum gross floor area of 200 m2 and iii.) A detached accessory garage to be located closer to the front lot line than the main building on the property; whereas Section 3.6.3 of the Zoning By-law requires an accessory building or structure shall not be located closer to a street than the main building on a lot, in conformity with the plan(s) attached to the Staff Report
Moved by Joanne Burnett, seconded by Norm Bresser
Carried
THAT THE CONDITIONS OF CONSENT Application File No.CA-23-28 BE REVISED as follows: Condition No. 2. 2. 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 2. property municipally knows as 5857 Lakeshore Road (Lt 15 PL 135) Condition No. 4 4. That the Owner submit a fully executed Transfer/Deed for the land to be conveyed in favour of the Owner of the Lands at 5857 Lakeshore Road Fulfilment of Conditions No. 1, 2, 3, 4, 5, 6 and 7 not later than June 30th, 2025
Moved by Joanne Burnett, seconded by Ken Wilson
Carried
That there being no further business, the Committee adjourn the meeting at 3:47 pm.