Committee of Adjustment Agenda - City of Richmond Hill€¦ · Committee of Adjustment Agenda: August 30, 2018 Page 1 Hearing Date: August 30, 2018 Time: 7:00 p.m. Location: 225 East

Committee of Adjustment Agenda: August 30, 2018 Page 1

Hearing Date: August 30, 2018

Time: 7:00 p.m.

Location: 225 East Beaver Creek Road, 1st Floor (Council Chambers)

Staff reports obtained online do not include hard copy information associated with the file (i.e. key maps, additional correspondence received etc.). For a comprehensive report please contact Committee of Adjustment Staff at 905-771-2443 or email [email protected]. Staff Reports are subject to change. Call to Order Disclosure of Pecuniary Interest Requests for Adjournment /Withdrawals from August 30, 2018 Agenda New Applications

Item A: Consent Application B056/18 (1061 Elgin Mills Road East) To sever a parcel of land for residential purposes approximately 13.00 metres (42.65 feet) by 31.49 metres (103.31 feet), approximately 409.00 square metres (4,402.58 square feet), and retain a parcel of land approximately 15.94 metres (52.29 feet) by 32.37 metres (106.20 feet), approximately 656.00 square metres (7,061.35 square feet). Both the severed and retained land will have frontage onto Melbourne Drive. Item B: Minor Variance Application A054/18 (34 Dunn Drive)

To provide relief from the provisions of By-law 1703, as amended to permit increased maximum lot coverage from 20.00% to 29.25% and reduced minimum interior side yard setbacks (north & south) from 3.35 metres (11.00 feet) to 1.80 metres (5.90 feet) to accommodate the construction of a proposed single family dwelling. Relief is also being requested to permit reduced lot frontage from 22.86 metres (75.00 feet) to 18.29 metres (60.00 feet). Item C: Minor Variance Application A057/18 (20 Maple Grove Avenue) To provide relief from the provisions of By-law 1275, as amended to permit reduced lot frontage from 22.86 metres (75.00 feet) to 18.28 metres (59.97 feet) to accommodate the construction of a proposed single family detached dwelling.

Committee of Adjustment

Agenda


Item D: Minor Variance Application A059/18 (386, 396 & 400 Highway 7) To provide relief from the provisions of By-law 12-17, as amended to permit a reduced minimum interior side yard setback (east) for Building B from 6.00 metres (19.68 feet) to 5.87 metres (19.25 feet). Item E: Minor Variance Application A025/18 (99 Westwood Lane) To provide relief from the provisions of By-law 64-79, as amended to permit increased maximum lot coverage from 20.00% to 28.32% and increased maximum height from 10.67 metres (35.00 feet) to 11.72 metres (38.45 feet) and reduced minimum lot frontage from 30.48 metres (100 feet) to 29.52 metres (96.85 feet) to accommodate the construction of a proposed single family dwelling. Other Business

Approval of Minutes: August 9, 2018

Motion to Adjourn



Time: 7:00 p.m.


Application Information:

Consent Application B056/18 Related Applications: D02-15038 (Zoning By-law Amendment) and B054/16 (Approved) Subject Land: 1061 Elgin Mills Road East Name of Owner: Canada Ziqinq Real Estate Development Inc. Name of Agent: Masongsong Associates Engineering Ltd. (Andrew Ip) The Request: To sever a parcel of land for residential purposes approximately 13.00 metres (42.65 feet) by 31.49 metres (103.31 feet), approximately 409.00 square metres (4,402.58 square feet), and retain a parcel of land approximately 15.94 metres (52.29 feet) by 32.37 metres (106.20 feet), approximately 656.00 square metres (7,061.35 square feet). Both the severed and retained land will have frontage onto Melbourne Drive. Present Designation: Official Plan Designation: Neighbourhood Zoning Classification: Residential (R3) Zone Zoning By-law: By-law No. 38-95, as amended Zoning Provisions: Minimum Lot Frontage, Interior: 10.5 metres (34.45 feet) Minimum Lot Frontage, Corner: 12.5 metres (41.01 feet) Minimum Lot Area, Interior: 351 square metres (3,778.13 square feet) Minimum Lot Area, Corner: 418 square metres (4,499.31 square feet) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans.


Staff Report

Agenda Item: A


Site Conditions: The subject lands are located on the west side of Melbourne Drive, south of Elgin Mills Road East and east of Bayview Avenue. The lands abut Elgin Mills Road East to the north, Melbourne Drive to the east, Eyer Homestead Park to the west, and low-density residential uses to the south. The lands presently support one building. Committee of Adjustment: This application was circulated to the commenting departments and agencies on July 31, 2018.

Public notice was mailed on August 16, 2018.

The applicant confirmed posting of public notice sign in accordance with the Planning Act on August 16, 2018. Previous and/or Concurrent applications on the subject lands: D02-15038 (Zoning By-law Amendment) B054/16 (Approved Consent Application) Note: Future Development of the subject land may occur in accordance with the provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee’s decision.

Planning & Regulatory Services Department

Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law provided the following clause be added as a condition of consent: 1. That the Owner apply to and receive from the Council of the Town of Richmond Hill

demolition approval pursuant to Demolition Control By-law No. 15-90 and that the Owner demolish all buildings and/or structures and remove all debris to the satisfaction of the Chief Building Official.

Planning: The applicant is seeking approval of a Consent application to facilitate the creation of an additional building lot with frontage on Melbourne Drive. In support of this proposal, the following is requested:

to sever a parcel of land for residential purposes approximately 13.00 metres (42.65 feet) and approximately 409 square metres (4,402.58 square feet); and,

to retain a parcel of land for residential purposes approximately 15.94 metres (52.29 feet) and approximately 656 square metres (7,061.35 square feet).

The subject lands were rezoned to Residential (R3) Zone under By-law 38-85, as amended in accordance with Zoning By-law 115-16 and Consent applications (B054/16 and B055/16) to establish two additional building lots on the subject lands were approved by the Committee of Adjustment on June 15, 2017, subject to a number of conditions. However, as the conditions related to Consent application B055/16 were not fulfilled within the prescribed timeframe under the Planning Act, the application lapsed. The


applicant has subsequently filed Consent Application B056/18 to establish one additional building lot on the subject lands. Planning staff has reviewed the proposal and has no concerns with the applicant’s request. Staff recommends that Consent Application B056/18 be approved. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: The Development Engineering Section has reviewed the subject application and based the materials submitted and our findings we have no concerns or objections, at this time. Applicants are encouraged to make submissions to satisfy the following conditions expeditiously following the receipt of a Notice of No Appeal. This is to ensure ample processing time in consideration of other applications in the processing queue and related staff workloads. Applicants are advised that some of these conditions involve lengthy processing times. Please do not wait until the end of the one year period to make submission and face possible lapsing of these conditions.

Further Grading Related Information Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be directed to Mike Ayers, Development Engineering Technologist, Development Engineering Division, 905-747-6426. The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 76-14.

Fee Description: Fee:

Plan Review $428.00 + HST

Agreement Preparation $515.00 or $2,601.00 + HST

Registration/Admin $40.00

Install Catchbasin $3,780.00 + HST

Survey Layout $703.62 + HST

C.C.T.V. Scan $648.00 + HST x 2 = 1,464.48

Install 250 mm Catchbasin Lead $680.40 per metre + HST

Install Cleanout $151.20 + HST

Decommission Catchbasin $544.80 + HST

Registered Plans That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.

Service Connection Condition That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows and may change at any time without notice:


Fee Description: Fee:

25 mm water service $1,200.00 per metre + HST

Combined 25 mm water service with storm or sanitary

$480.00 per metre + HST

Disconnect Water service $302.40 + HST

Water disconnect in a combined trench $3,000.00 +HST

125 sanitary service $1,845.60 per metre + HST

150 storm service $1,845.60 per metre (if applicable) + HST

Combined storm and sanitary service

$1,487.80 per metre (if applicable and if in same trench) + HST

Disconnect Storm or Sanitary $453.60 +HST each

Storm or Sanitary disconnect in a combined trench

$3,000.00 +HST each

C.C.T.V. scan $648.00 + HST

Arrangements and payment for service connections can be made through Mr. Mario DiSalvo, Water Technician, Maintenance & Operations Division, Community Services Department, (905) 780-2949. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring

trees greater than 20 centimetres DBH (diameter measured 1.4 metres from the

ground) requires permission (i.e. a permit) from Town staff prior to the undertaking.

Ensure retained trees are protected in accordance with Town standards during the

construction process.

By-law Enforcement: No response. Heritage: Not circulated. Corporate & Financial Services: 1. No parkland or Cash-in-lieu is required as a condition of consent. However, the

Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $274.00 to reimburse the Town for the cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42,


at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department).

2. Payment of all current and outstanding taxes to date of consent:

3. Please note that the Town, Regional and Educational Development Charges are

payable prior to building permit issuance. Water meter and tree charges are also

applicable at that time.

4. The Town will require land to be conveyed for park or other public recreation

purposes or at the option, the Town will require a payment of cash-in-lieu of such

land prior to the issuance of a building permit pursuant to Section 42 of the Planning

Act for the retained lands unless the Finance Department receives documentation

that parkland was given or cash-in-lieu of parkland was paid on these lands, or that

an existing structure is to be demolished.

(must build within four years from the date of demolition)

5. Development Charges will also be applicable on the retained lands prior to building

permit issuance unless the finance and administration department receives

documentation that levies were paid on these lands, or that an existing structure is to

be demolished.

(must build within four years from the date of demolition).

6. Other Comments: Related File B054/18, D02-15038

Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No objections. York Region – Transportation & Community Planning Department: The Regional Municipality of York has completed its review of the above mentioned Consent to Sever Application(s), which are subject to the following conditions: 1. The Region requests that the Town of Richmond Hill confirm through email that

adequate water supply and sewage capacity has been allocated for the proposed lot.

2. The Owner is advised that a 750mm diameter Region’s watermain is located within the Elgin Mills Road right of way in the vicinity of the subject site. Integrity of the watermain shall be protected at all times during construction activities related to the proposed development. The Owner shall contact Frank Badinski via email at [email protected] two weeks prior to any construction within the Elgin Mills Right of Way

3. The Owner understands and agrees that any proposed access to Elgin Mills Road East shall be provided at the sole discretion of the Region and at a location also determined by the Region on the existing or newly created lots of the subject lands.

mailto:[email protected]


The owner agrees that any new access should be limited to right in-right out access. Such access (if allowed) is subject to detailed design and the Region will not be responsible for any cost associated with the access.

4. This application is subject to York Region’s development applications processing fee in accordance with (By-law 2010-15). The review fee for Consent to Sever is $810. The owner shall provide the Region with a cheque made payable to “The Regional Municipality of York” and forwarded to the Development Review Coordinator, Planning and Economic Development Branch.

5. Prior to final approval, the Planning and Economic Development Branch shall certify that Conditions 1-4 have been met to its satisfaction.

Toronto & Region Conservation Authority: TRCA staff has no objection to the above noted application as currently submitted, subject to the following condition: 1. The applicant remits the outstanding TRCA Planning Services review fee of

$1400.00.

*TRCA comments have been attached.

CN Rail: Not circulated.

TransCanada Pipeline: Not circulated.

Abutting Municipality Not circulated

Ministry of Transportation: Outside of MTO Permit Area.

Infrastructure Ontario: Not circulated.

Staff & Agency Recommendation(s):


Department / Agency Contact:

Condition:

1. Building/Zoning:

Cynthia Mackenzie 905-771-2436

That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No. 15-90 and that the Owner demolish all buildings and/or structures and remove all debris to the satisfaction of the Chief Building Official.

2. Development Engineering:

Michael Ayers 905-717-6426

1. Submit to the Town's Development Engineering

Division a grading plan prepared by a professional

engineer or Ontario land surveyor detailing the

drainage pattern while showing the existing and

proposed elevations for both the severed and

retained lands along with the adjoining lands;

2. Obtain the Town's approval of the grading plan referred to in (1);

3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and

4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim.

3. Development Engineering:

Michael Ayers 905-717-6426

That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions

4. Development

Engineering:

Mario Di Salvo

905-780-2949

That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections


5. Finance: Anna Romano 905-771-6313

No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $274.00 to reimburse the Town for the cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department).


Payment of all current and outstanding taxes to date of consent.


The applicant/owner must enter into an agreement providing for payment of Area Specific Development Charges at the time of the execution of the Agreement.

8. Region of York

Gabrielle Hurst

1-877-464-9675 ext.

71538

The Region requests that the Town of Richmond Hill confirm through email that adequate water supply and sewage capacity has been allocated for the proposed lot.

9. Region of York

Gabrielle Hurst

1-877-464-9675 ext.

71538

The Owner is advised that a 750mm diameter Region’s watermain is located within the Elgin Mills Road right of way in the vicinity of the subject site. Integrity of the watermain shall be protected at all times during construction activities related to the proposed development. The Owner shall contact Frank Badinski via email at [email protected] two weeks prior to any construction within the Elgin Mills Right of Way

10. Region of York

Gabrielle Hurst

1-877-464-9675 ext.

71538

The Owner understands and agrees that any proposed access to Elgin Mills Road East shall be provided at the sole discretion of the Region and at a location also determined by the Region on the existing or newly created lots of the subject lands. The owner agrees that any new access should be limited to right in-right out access. Such access (if allowed) is subject to detailed design and the Region will not be responsible for any cost associated with the access.



11. Region of York

Gabrielle Hurst

1-877-464-9675 ext.

71538

This application is subject to York Region’s development applications processing fee in accordance with (By-law 2010-15). The review fee for Consent to Sever is $810. The owner shall provide the Region with a cheque made payable to “The Regional Municipality of York” and forwarded to the Development Review Coordinator, Planning and Economic Development Branch.

12. Region of York

Gabrielle Hurst

1-877-464-9675 ext.

71538

Prior to final approval, the Planning and Economic Development Branch shall certify that Conditions 1-4 have been met to its satisfaction.

13. TRCA Nicholas Cascone 416-661-6600 ext. 5927

That the applicant remits the outstanding TRCA Planning Services review fee of $1400.00.

14. Committee of Adjustment: 905-771-2443

That the applicant provides the secretary-treasurer with the legal description of the severed land in the form of a letter or draft transfer prepared by the applicant’s solicitor.

15. Committee of Adjustment: 905-771-2443

That the applicant provides one white print of a deposited plan of reference of the entire land which conforms substantially with the application as submitted.


Reasons for approval:

1. The proposal conforms to Section 51(24) as required of the Planning Act.

2. The proposal conforms to the Town of Richmond Hill Official Plan.

3. The proposal conforms to the Provincial Policy Statements as required by Section

3(1) of the Planning Act.

Questions regarding this Staff Report can be directed to:

Town of Richmond Hill Committee of Adjustment

225 East Beaver Creek Road, 4th Floor

Richmond Hill, ON L4B 3P4

Email: [email protected]

Telephone: 905 771 2443 905 771 2414

If you wish to obtain a copy of the Committee’s Decision with respect to this application,

you must make a written request and provide your full name and mailing address to

Committee of Adjustment staff.




Time: 7:00 p.m.



Minor Variance Application A054/18 Related Applications: N/A Subject Land: 34 Dunn Drive Name of Owner: Leonardo Marco Petrunti Name of Agent: Ram Contracting Ltd. (Costa Petrunti) The Request: To provide relief from the provisions of By-law 1703, as amended to permit increased maximum lot coverage and reduced minimum interior side yard setbacks (north & south) to accommodate the construction of a proposed single family dwelling. Relief is also being requested to permit reduced lot frontage. By-Law

Requirement

Proposed

Difference

Maximum Lot Coverage 20.00% 29.25% 9.25%

Minimum Frontage 22.86 m (75.00 ft) 18.29 m (60.00 ft) 4.57 m (14.99 ft)

Minimum Side Yard Setback - North

3.35 m (11.00 ft) 1.80 m (5.90 ft) 1.55 m (5.08 ft)

Minimum Side Yard Setback - South

3.35 m (11.00 ft) 1.80 m (5.90 ft) 1.55 m (5.08 ft)

Present Designation: Official Plan: Neighbourhood Zoning Classification: Residential Third Density (R3) Zone Zoning By-law: By-law 1703, as amended Zoning Provisions: Minimum Lot Frontage: 22.6 metres (74.14 feet) Minimum Lot Area: 929.03 square metres (10,000 square feet) Minimum Front Yard Setback: 17.68 metres (58 feet) from centreline of street Minimum Side Yard Setback: 3.35 metres (11 feet) Minimum Rear Yard Setback: 4.58 metres (15 feet) Maximum Building Height: 10.67 metres (35 feet) Maximum Lot Coverage: 20%


Staff Report

Agenda Item: B


Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the west side of Dunn Drive, north of Sunset Beach Road. The lands are currently vacant. The subject lands are within the Lake Wilcox Area and are subject to Site Plan Control. It should be noted that the related Site Plan application (Town File D06-18007) has been received by the Town and is currently under review. Comments Received from Municipal Departments & Outside Agencies:

Committee of Adjustment: This application was circulated to the commenting departments and agencies on July 31, 2018.


The applicant confirmed posting of public notice sign in accordance with the Planning Act on August 16, 2018. Previous and/or Concurrent applications on the subject lands: N/A


Building / Zoning: The requested variances are correct. Planning: The applicant is requesting relief from By-law 1703, as amended, to permit the construction of one single detached dwelling. In support of this request, the following variances are proposed:

reduced minimum lot frontage from 22.6 metres (74.14 feet), as required, to 18.29 metres (60 feet), as existing;

increased maximum lot coverage from 20%, as required, to 29.25%, as proposed; and,

reduced minimum side yard setback (north and south) from 3.35 metres (11 feet), as required, to 1.8 metres (5.9 feet), as proposed.

Planning staff has reviewed the applicant’s proposal and concludes that the requested variances are generally in keeping with the character of the surrounding neighbourhood and are appropriate for this development. The Town will continue to work with the applicant towards completion of the related Site Plan application.


On the basis of the preceding, the proposal meets the four (4) conditions described under Section 45(1) of the Planning Act for the evaluation of minor variance proposals. In this regard, the requested reliefs from the by-law, as proposed, are considered minor in nature, are desirable for the development of the land, and meet the general intent of the applicable Zoning By-law and of the Town’s Official Plan. Planning staff recommends that Minor Variance application A054/18 be approved. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring trees greater than 20 centimetres DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Any retained trees should be protected in accordance with Town standards. By-law Enforcement: No response. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: Outside of TRCA purview. CN Rail: Not circulated. TransCanada Pipeline: Not circulated.


Abutting Municipality: Not circulated.

Ministry of Transportation: Outside of MTO Permit Control Area

Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:

1. That the variances pertain only to the request as submitted with the application.

2. That development be substantially in accordance with the sketch submitted with the

application as required by Ontario Regulation 200/96, as amended, Section 5.25.


1. The general intent and purpose of the by-law will be maintained.

2. The general intent and purpose of the official plan will be maintained.

3. The requested variance(s) is/are acceptable for the appropriate development of the

subject lands.

4. The requested variance(s) is/are minor in nature.






Telephone: 905 771 2443 905 771 2414

If you wish to obtain a copy of the Committee’s Decision with respect to this application you must make a written request and provide your full name and mailing address to Committee of Adjustment staff.




Time: 7:00 p.m.



Minor Variance Application A057/18 Related Applications: N/A Subject Land: 20 Maple Grove Avenue Name of Owner: 20 Maple Grove Ltd. Name of Agent: KLM Planning Partners Inc. (Billy Tung) The Request: To provide relief from the provisions of By-law 1275, as amended to permit reduced lot frontage to accommodate the construction of a proposed single family dwelling. By-Law

Requirement

Proposed

Difference

Minimum Lot Frontage 22.86 m (75.00 ft.) 18.28 m (59.97 ft.) 4.57 m (14.99 ft.)

Present Designation: Official Plan: Neighbourhood Zoning Classification: Residential Urban (RU) Zoning By-law: By-law No. 1275, as amended Zoning Provisions: Minimum Front Yard Setback: 9.14 metres (30.0 feet) Minimum Rear Yard Setback: 20% of the lot depth; not to exceed 9.144 metres (30.0 feet) Minimum Side Yard Setback: 1.52 metres (5.0 feet) Minimum Lot Area: 929.03 square metres (10,000.0 square feet) Minimum Lot Frontage: 22.86 metres (75.0 feet) Maximum Building Height: 10.67 metres (35.0 feet) Maximum Ground Floor Area (1 Storey): 92.90 square metres (1,000.0 square feet) Maximum Ground Floor Area (1½ Storey or 2 Storey): 69.68 square metres (750.0 square feet)


Staff Report

Agenda Item: C


Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the north side of Maple Grove Avenue, east of Schomberg Road, west of Yonge Street. The lands currently support a one storey single detached dwelling which is fronted towards Maple Grove Avenue and a parking pad along the east side of the dwelling. The single detached dwelling and parking pad are both proposed to be demolished. Minor Variance Application A057/18 is requested to facilitate the construction of a new two-storey detached dwelling with an attached two (2) car garage on the southern elevation of the dwelling on the subject lands. The design includes a new paved driveway along Maple Grove Avenue that will provide access to the proposed attached garage. Comments Received from Municipal Departments & Outside Agencies: Committee of Adjustment: This application was circulated to the commenting departments and agencies on July 31, 2018.


The applicant confirmed posting of public notice sign in accordance with the Planning Act on August 16, 2018.

Previous and/or Concurrent applications on the subject lands: None.

Note: Future Development of the subject land may occur in accordance with the provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee’s decision. Planning & Regulatory Services Department

Building / Zoning: The requested variances are correct. Planning: In order to construct the new two-storey single detached dwelling on the subject lands, the applicant has requested relief from the by-law in regards to:

Reduced minimum lot frontage from 22.86 metres (75.00 feet) to 18.28 metres (59.97 feet), as existing.


Planning staff has reviewed the proposed minor variance applications and believes that the proposal meets the four (4) prescribed tests set out in Section 45.1 of the Planning Act in that the requested variances are considered to be minor in nature, is desirable for the appropriate development of the subject lands, and maintains the general intent and purpose of the applicable Official Plan and Zoning By-law. As such, Planning staff recommends approval of Minor Variance Application A057/18. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff does not have any comments on this application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring trees greater than 20 centimetres DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Ensure retained trees are protected in accordance with Town standards during the construction process. The subject property is within a Local Park Need area. Please contact Patricia Young, Parks Planner if you wish to discuss this matter further. By-law Enforcement: No response. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: TRCA staff has no objection to the above noted application as currently submitted, subject to the following condition:


1. The applicant remits the outstanding TRCA Planning Services Review fee of

$580.00

*Comments attached

CN Rail: Not circulated. TransCanada Pipeline: Not circulated.


Ministry of Transportation: Outside of MTO Permit Control Area

Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:




3. The applicant remits the outstanding TRCA Planning Services Review fee of

$580.00





subject lands.








Telephone: 905 771 2443 905 771 2414





Time: 7:00 p.m.



Minor Variance Application A059/18

Related Applications: D06-17064 (Site Plan application) and D02-17025 (Zoning By-law Amendment application) Subject Land: 386, 396 and 400 Highway 7 East Name of Owner: 1857481 Ontario Inc. Name of Agent: Malone Given Parsons Ltd. (Lincoln Lo)

The Request: To provide relief from the provisions of By-law 12-17, as amended to permit reduced minimum interior side yard setback (east) for Building B to ensure there is sufficient open space between buildings.

Present Designation: Town Official Plan: Regional Mixed Use Corridor, as mended by OPA No. 2 Zoning Classification: Special Residential – Commercial (RC) Zoning By-law: 278-96, as amended by By-laws 12-17 and 13-18

Zoning Provisions: General Development Standards: Minimum Lot Frontage (Highway 7): 120.0 metres (393.7 feet) Minimum Lot Area: 1.85 hectares (4.47 acres) Maximum Floor Area Ratio: 2.2 Maximum Lot Coverage: 35% Maximum number of Dwelling Units: 385 (comprised of 340 apartment dwelling units and 45 townhouse dwelling units)

By-Law Requirement

Proposed

Difference

Minimum Side Yard Setback – East

(Building B) 6.00 m (19.68 ft.) 5.87 m (19.25 ft.) 0.13 m (0.42 ft.)


Staff Report

Agenda Item: D


Apartment Dwelling Standards: Maximum Lot Coverage Per Building: 1,200 square metres (12,917.0 square feet) Minimum Front Yard Setback: 2.5 metres (8.20 feet) Minimum Side Yard Setback: 6.0 metres (19.66 feet) Minimum Separation Between Buildings: 24.0 metres (68.9 feet) Minimum Rear Yard Setback: 100 metres (328.1 feet) Maximum Building Height: 11 storeys (Building A) and 15 storeys (Building B) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the north side of Highway 7 East, west of Valleymede Drive. A high density, mixed use residential development consisting of two condominium apartment buildings (10 and 15 storeys respectively) and 45 condominium townhouses along the rear of the property is currently under construction on the lands. The lands abut a high density, mixed use residential/commercial development to the west, low density residential uses to the north, an automobile service station to the east and Highway 7 to the south. Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on August 16, 2018. Previous and/or Concurrent applications on the subject lands:

Note: Future Development of the subject land may occur in accordance with the provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee’s decision. Planning & Regulatory Services Department

Building / Zoning: The requested variances are correct. Planning: The applicant is seeking relief in order to address a zoning deficiency relating to Building B which is currently under construction on the subject lands. Zoning By-law 12-


17 was approved as part of an OMB Order dated February 10, 2017. Pursuant to By-law 12-17, the required minimum side yard setback for the east side of Building B is 6.0 metres (19.68 feet). Subsequent to the Building Permit issuance for Building B, a building location survey was provided which identified an adjustment along the eastern lot line. As a result, the eastern side yard setback for Building B is 5.87 metres (19.2 feet) which is a difference of 0.13 metres (0.42 feet). It is noted that on July 1, 2016, Bill 73, Smart Growth for Our Communities Act, 2015 came into effect and made numerous changes to the Planning Act (“Act”). Among others, changes were made to Section 45 of the Act to prohibit the submission of Minor Variance Applications for a property that was the subject of an owner initiated site specific Zoning By-law Amendment application within two years of the enactment of the Zoning By-law. This specific change was intended to eliminate circumvention of the zoning process in situations where an original zoning decision is revisited through a Minor Variance application. Notwithstanding this change, the Act provides municipalities with the discretion to exempt specific applications for Minor Variance by way of Council Resolution. Given the extenuating circumstance in this case, in accordance with Council Extract C#25-18 held July 9, 2018, Council approved the applicant’s request to submit an Application for Minor Variance in order to seek relief from the provisions of Zoning by-law 12-17. Planning staff has reviewed the applicant’s development proposal and concludes that the development under construction on the subject lands is compatible with the character of the surrounding area and that the requested variance to facilitate the deficient east side yard setback for Building B meets the four (4) tests described under subsection 45(1) of the Planning Act for the evaluation of minor variance applications. The request is minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law and of the Town’s Official Plan. Based on the aforementioned, Planning Staff has no objection to the approval of Minor Variance Application A059/18. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring trees greater than 20 centimetres DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Any retained trees should be protected in accordance with Town standards. By-law Enforcement: No response. Heritage: Not circulated.


Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: Outside of TRCA’s Policy Review. CN Rail: Not circulated. TransCanada Pipeline: Not circulated.

Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:





Reasons for approval: 1. The general intent and purpose of the by-law will be maintained.



subject lands.







Telephone: 905 771 2443 905 771 2414





Time: 7:00 p.m.



Minor Variance Application A025/18 Related Applications: N/A Subject Land: 99 Westwood Lane Name of Owner: Andrew and Claudia Mullin Name of Agent: Ian Robertson Design The Request: To provide relief from the provisions of By-law 64-79, as amended to permit increased maximum lot coverage, increased maximum height and reduced minimum lot frontage to accommodate the construction of a proposed single family dwelling. By-Law

Requirement

Proposed

Difference

Maximum Lot Coverage 20.00% 28.32% 8.32%

Maximum Height 10.67 m (35.00 ft) 11.72 m (38.45 ft) 1.05 m (3.44 ft)

Minimum Lot Frontage 30.48 m (100 ft) 29.52 m (96.85 ft) 0.96 m (3.15 ft)

Present Designation: Official Plan: Neighbourhood Zoning Classification: R1 (S) Zone Zoning By-law: 64-79 Zoning Provisions: Minimum Lot Area: 1394 sq. metres (15,000 sq. feet) Minimum Lot Frontage: 30.48 metres (100 feet) Maximum Lot Coverage: 20% Minimum Required Front Yard Setback: 9.14 metres (30 feet) Minimum Required Rear Yard Setback: 7.62 metres (25 feet) Minimum Required Interior Side Yard Setback: 1.54 metres (5 feet) Minimum Required Exterior Side Yard Setback: 9.14 metres (30 feet) Maximum Building Height: 10.67 metres (35 feet)


Staff Report

Agenda Item: E


Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the south east side of Westwood Lane, west of Yonge Street. There is currently a single detached dwelling on the site, and the surrounding area is residential. Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on August 16, 2018. Previous and/or Concurrent applications on the subject lands: N/A


Building / Zoning: The requested variances are correct. Planning: The applicant is requesting relief from Zoning By-law 64-79, as amended, in support of site specific conditions for the proposed construction of a single detached dwelling on the subject lands. The following variances are proposed:

Increased maximum building height from 10.67 metres (35 feet) to 11.72 metres (38.45 feet);

Increased maximum lot coverage from 20% to 28.32%; and,

Reduction of the minimum lot frontage from 30.48 metres (100 feet) to 29.52 metres (96.85 feet).

Planning staff has reviewed the applicant’s development proposal and concludes that the request for increased maximum lot coverage is minor and appropriate in consideration of development in the surrounding area where minor variance applications for properties along Westwood Lane and Denham Drive have been approved for an increase in maximum lot coverage to between 23.13% and 35.9%. With regards to the proposal for an increased maximum building height, it is noted that a minor variance application for the adjacent property 97 Westwood Lane was approved to increase the maximum height to 12.41 metres. Furthermore, the request to reduce


the minimum lot frontage is to address an existing deficiency only. In this context, Planning staff concludes that the proposal does not introduce a pattern of redevelopment that is out of character with the surrounding area. On the basis of the preceding, the proposal meets the four (4) conditions described under Section 45(1) of the Planning Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is minor in nature, is desirable for the development of the land, and meets the general intent of the applicable Zoning By-law and of the Town’s Official Plan. Planning staff recommends that minor variance application A025/18 be approved. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring trees greater than 20 centimetres DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Any retained trees should be protected in accordance with Town standards. By-law Enforcement: No response. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: Outside of TRCA Purview.


CN Rail:

Not circulated.

TransCanada Pipeline: Not circulated.


Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:








subject lands.







Telephone: 905 771 2443 905 771 2414



Documents

Committee of Adjustment Agenda - City of Richmond Hill€¦ · Committee of Adjustment Agenda: August 30, 2018 Page 1 Hearing Date: August 30, 2018 Time: 7:00 p.m. Location: 225 East