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Committee of Adjustment
September 4, 2024
What was decided (15 motions)
15 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
THAT minor variance application A32-2024 seeking relief from Section 7.9.4.79.2.1 to permit a minimum lot area of 115 m²/unit, whereas 153 m²/unit is otherwise required, BE APPROVED; and THAT minor variance application A32-2024 seeking relief from Section 7.9.4.79.2.12 to permit a parking ratio of 1.25 spaces/unit, whereas 1.5 spaces/unit is otherwise required, BE APPROVED; and THAT the reasons for the approval of the minor variance are as follows: the proposed variance is minor in nature, in keeping with the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development and use of the subject lands; and THAT pursuant to Section 45(8)-(8.2) of the Planning Act, S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in memo 2024-537.”
Moved by Mark Simpson, seconded by Mike Bodnar
Carried
THAT application A39-2024 seeking relief from Section 7.5.3.6.6 of Zoning By-Law 190-60 to permit a minimum rear yard of 6.05 m, whereas 7.0 m is otherwise required, BE APPROVED; THAT the reason(s) for approval of the minor variances are as follows: the proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature, and is desirable for the appropriate development of the subject lands; and, THAT pursuant to Section 45(8) – (8.2) of the Planning Act , R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision: “ Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-530”
Moved by Tamara Cupoli, seconded by Ashish Patel
Carried Unanimously
THAT minor variance application A40-2024 seeking relief from Section 9.3.2.1.11.2 to permit a 308.0 m² expansion of a building, whereas 110.0 m² is otherwise the maximum permitted for Converted Dwellings, BE APPROVED; THAT minor variance application A40-2024 seeking relief from Section 9.3.2.1.8 to permit a minimum landscaped open space of 12.5%, whereas 25% landscaped open space is otherwise the minimum required, BE APPROVED; THAT the reasons for the approval of the minor variances are as follows: the proposed variances are in keeping with the general intent and purpose of the Official Plan and Zoning By-law, the relief requested is considered minor in nature, and desirable for the appropriate development of the subject lands; and THAT pursuant to 45(8)–(8.2) of the Planning Act, R.S.O 1990, c. P.13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report no. 2024-527.”
Moved by Virginia Kershaw, seconded by Ashish Patel
Carried Unanimously
THAT application A41-2024 seeking relief from Section 478.4.14.v. of Municipal Code 478 (Sign By-law) to permit a distance of 17.0 m from the digital sign to the nearest traffic signal, whereas 30.0 m is otherwise required, BE APPROVED; THAT the reason(s) for approval of the minor variances are as follows: the proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands; and, THAT pursuant to Section 45(8) – (8.2) of the Planning Act , R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision: “ Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-531”
Moved by Ashish Patel, seconded by Tamara Cupoli
Carried Unanimously
THAT application A45-2024 seeking relief from Section 7.9.4.83.2.4 of Zoning By-Law 160-90 to permit a front yard of 3.9 m, whereas a minimum of 4.5 m is otherwise required, BE APPROVED; THAT application A45-2024 seeking relief from Section 7.9.4.83.2.2 of Zoning By-Law 160-90 to permit a lot width of 2.1 m per unit (91 m total), whereas a minimum of 5 m per unit (215 m total) is otherwise required, BE APPROVED; THAT application A45-2024 seeking relief from Section 7.9.4.83.2.5.1 of Zoning By-Law 160-90 to permit a rear yard of 3.8 m, whereas a minimum of 6 m is otherwise required, BE APPROVED; THAT the reasons for approval of the minor variances are as follows: the proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands; and, THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-525.”
Moved by Mike Bodnar, seconded by Ashish Patel
Carried Unanimously
THAT application A43-2024 seeking relief from Section 10.1.2.1.3 of Zoning By-Law 160-90 to permit a maximum lot coverage of 45% for the retained parcel (111 Sherwood Drive), whereas a maximum of 40% is otherwise permitted, BE APPROVED; THAT the reason(s) for approval of the minor variance is as follows: the proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands; THAT Application B32-2024 to sever a parcel of land from the southwest portion of the lands municipally addressed as 111 Sherwood Drive, having an area of 0.24 ha to be consolidated with the severed lands of Consent Application B33-2024, and retain a parcel of land with an area of 3.82 ha, BE APPROVED, subject to the conditions attached in Appendix A and as listed in Memo 2024-566 ; THAT Application B33-2024 to sever a parcel of land from the southeast side of the lands municipally addressed as 125 Sherwood Drive, having an area of 0.15 ha to be consolidated with the severed lands of Consent Application B32-2024, and retain a parcel of land having a lot area of 1.96 ha and to create an access easement over the severed lands in favour of the retained lands, BE APPROVED, subject to the conditions attached in Appendix B and as listed in Memo 2024-566 ; THAT the reason(s) for approval of B32-2024 and B33-2024 are as follows: having regard for the
Moved by Mike Bodnar, seconded by Ashish Patel
Carried Unanimously
THAT the conditions of consent listed in Appendix A2 in Report 2022-642 previously adopted on October 5, 2022, BE AMENDED to include the following new condition and the renumbering of condition 11 as such: “11. The Owner/Applicant shall provide confirmation from the mortgage lender that partial discharge of the mortgage on the 41 m 2 parcel from the frontage of 259 Memorial Drive proposed to be severed and transferred to 251 Memorial Drive, is acceptable.”, and, “12. That the above conditions be fulfilled and the Certificate of Consent be issued on or before September 4, 2026, after which time the consent will lapse.”. THAT the Change of Condition as herein granted be deemed minor requiring no further written notice pursuant to Section 53(26) of the Planning Act .
Moved by Mark Simpson, seconded by Virginia Kershaw
Carried Unanimously
THAT the minutes of the August 7, 2024 meeting of the Committee of Adjustment BE APPROVED.
Moved by Virginia Kershaw, seconded by Mark Simpson
Carried
A. THAT minor variance application A32-2024 seeking relief from Section 7.9.4.79.2.1 to permit a minimum lot area of 115 m²/unit, whereas 153 m²/unit is otherwise required, BE APPROVED; and B. THAT minor variance application A32-2024 seeking relief from Section 7.9.4.79.2.12 to permit a parking ratio of 1.25 spaces/unit, whereas 1.5 spaces/unit is otherwise required, BE APPROVED; and C. THAT the reasons for the approval of the minor variance are as follows: the proposed variance is minor in nature, in keeping with the general intent and purpose of the Official Plan and Zoning By- law, and is desirable for the appropriate development and use of the subject lands; and 3 D. THAT pursuant to Section 45(8)-(8.2) of the Planning Act, S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in memo 2024-537.”
Moved by Mark Simpson, seconded by Mike Bodnar
Carried
A. THAT application A39-2024 seeking relief from Section 7.5.3.6.6 of Zoning By-Law 190-60 to permit a minimum rear yard of 6.05 m, whereas 7.0 m is otherwise required, BE APPROVED; B. THAT the reason(s) for approval of the minor variances are as follows: the proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature, and is desirable for the appropriate development of the subject lands; and, 4 C. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-530”
Moved by Tamara Cupoli, seconded by Ashish Patel
Carried Unanimously
A. THAT minor variance application A40-2024 seeking relief from Section 9.3.2.1.11.2 to permit a 308.0 m² expansion of a building, whereas 110.0 m² is otherwise the maximum permitted for Converted Dwellings, BE APPROVED; B. THAT minor variance application A40-2024 seeking relief from Section 9.3.2.1.8 to permit a minimum landscaped open space of 5 12.5%, whereas 25% landscaped open space is otherwise the minimum required, BE APPROVED; C. THAT the reasons for the approval of the minor variances are as follows: the proposed variances are in keeping with the general intent and purpose of the Official Plan and Zoning By-law, the relief requested is considered minor in nature, and desirable for the appropriate development of the subject lands; and D. THAT pursuant to 45(8)–(8.2) of the Planning Act, R.S.O 1990, c. P.13, the following statement SHALL BE INCLUDED in the Notice of Decision:“Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report no. 2024-527.”
Moved by Virginia Kershaw, seconded by Ashish Patel
Carried Unanimously
6 A. THAT application A41-2024 seeking relief from Section 478.4.14.v. of Municipal Code 478 (Sign By-law) to permit a distance of 17.0 m from the digital sign to the nearest traffic signal, whereas 30.0 m is otherwise required, BE APPROVED; B. THAT the reason(s) for approval of the minor variances are as follows: the proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands; and, C. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-531”
Moved by Ashish Patel, seconded by Tamara Cupoli
Carried Unanimously
A. THAT application A45-2024 seeking relief from Section 7.9.4.83.2.4 of Zoning By-Law 160-90 to permit a front yard of 3.9 m, whereas a minimum of 4.5 m is otherwise required, BE APPROVED; B. THAT application A45-2024 seeking relief from Section 7.9.4.83.2.2 of Zoning By-Law 160-90 to permit a lot width of 2.1 m per unit (91 m total), whereas a minimum of 5 m per unit (215 m total) is otherwise required, BE APPROVED; C. THAT application A45-2024 seeking relief from Section 7.9.4.83.2.5.1 of Zoning By-Law 160-90 to permit a rear yard of 3.8 m, whereas a minimum of 6 m is otherwise required, BE APPROVED; D. THAT the reasons for approval of the minor variances are as follows: the proposed variances are in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands; and, E. THAT pursuant to Section 45(8) – (8.2) of the Planning Act, R.S.O 1990, c. P. 13, the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report 2024-525.”
Moved by Mike Bodnar, seconded by Ashish Patel
Carried Unanimously
A. THAT application A43-2024 seeking relief from Section 10.1.2.1.3 of Zoning By-Law 160-90 to permit a maximum lot coverage of 45% for the retained parcel (111 Sherwood Drive), whereas a maximum of 40% is otherwise permitted, BE APPROVED; B. THAT the reason(s) for approval of the minor variance is as follows: the proposed variance is in keeping with the general intent of the Official Plan and Zoning By-law 160-90, the relief requested is considered minor in nature and is desirable for the appropriate development and use of the subject lands; C. THAT Application B32-2024 to sever a parcel of land from the southwest portion of the lands municipally addressed as 111 Sherwood Drive, having an area of 0.24 ha to be consolidated with the severed lands of Consent Application B33-2024, and retain a parcel of land with an area of 3.82 ha, BE APPROVED, subject to the conditions attached in Appendix A and as listed in Memo 2024-566; 9 D. THAT Application B33-2024 to sever a parcel of land from the southeast side of the lands municipally addressed as 125 Sherwood Drive, having an area of 0.15 ha to be consolidated with the severed lands of Consent Application B32-2024, and retain a parcel of land having a lot area of 1.96 ha and to create an access easement over the severed lands in favour of the retained lands, BE APPROVED, subject to the conditions attached in Appendix B and as listed in Memo 2024-566; E. THAT the reason(s) for approval of B32-2024 and B33-2024 are as follows: having
Moved by Mike Bodnar, seconded by Ashish Patel
Carried Unanimously
A. THAT the conditions of consent listed in Appendix A2 in Report 2022-642 previously adopted on October 5, 2022, BE AMENDED 10 to include the following new condition and the renumbering of condition 11 as such:“11. The Owner/Applicant shall provide confirmation from the mortgage lender that partial discharge of the mortgage on the 41 m2 parcel from the frontage of 259 Memorial Drive proposed to be severed and transferred to 251 Memorial Drive, is acceptable.”, and,“12. That the above conditions be fulfilled and the Certificate of Consent be issued on or before September 4, 2026, after which time the consent will lapse.”. B. THAT the Change of Condition as herein granted be deemed minor requiring no further written notice pursuant to Section 53(26) of the Planning Act.
Moved by Mark Simpson, seconded by Virginia Kershaw