DEPARTMENT OF PLANNING, PARKS AND RECREATION

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1 DEPARTMENT OF PLANNING, PARKS AND RECREATION REPORT TO: FROM: SUBJECT: PLANNING ADVISORY AND HEARING COMMITTEE Mary C. Joyce-Smith, Senior Planner HIGHLIGHTS OF THE COMMITTEE OF ADJUSTMENT FOR THE YEAR 20 DATE: February 10, 2014 The Planning Act, under Section 44, provides for a Municipality to appoint a Committee of Adjustment. The City of Cornwall appoints three (3) persons to the Committee for the term of Council. The Committee deals with a number of planning functions such as: a) Granting of Aminor variances@ from the requirements of the Zoning Bylaw, and some other By-laws (Fence, Signs etc.) b) Giving Aconsent@ to the severance of property; c) Approving changes to non-conforming uses (structural alterations or changes of use which are deemed to be similar or of less impact to the neighbourhood than the original use). d) Interpreting the permitted use section of a zone where the wording is general. The Committee holds hearings and makes decisions on a case-by-case basis. In so doing, however, it is obliged to bring Planning considerations to bear in its judgements. During 20, the Committee of Adjustment reviewed a total of 78 applications composed of 53 Minor Variance applications, and 25 Severance applications. The number of Severance and Minor Variance applications has decreased over last year=s (2012) number, when the Committee reviewed 44 Severances and 57 Minor Variances. We have, in the past, provided a list of summary of activities annually to PAC. (See List 20 below).

2 Page B. Johnston-R. Lepage Blackburn Dr. Lot 12, Pl 52M-18 Feb. 12/ 02- P. Provost-A. Provost 9- Blackburn Dr. Lot 10, Pl 52M-18 Feb. 12/ 01- Jamie Leger 11 14th St. W. Lot 38, Plan 160 (Roof covered verandah and stairs - exterior side yard reduction) Feb. 12/ 03- Tony Lucia & Nancy Bessa (A/Scott Moulton) 1448,1450,1452 St. Michel Avenue Lots 8,9,10 on Plan 308 (Severance of existing building to create 3 four plex units) Feb. 12/ 02- Tony Lucia & Nancy Bessa (A/Scott Moulton) 1448 St. Michel Avenue Lots 8,9,10 on Plan 308 (Reduction in lot frontage and lot area) Feb. 12/ 03- Tony Lucia & Nancy Bessa (A/Scott Moulton) 1450 St. Michel Avenue Lots 8,9,10 on Plan 308 (Reduction in lot frontage and lot area) Feb. 12/ 04- Tony Lucia & Nancy Bessa (A/Scott Moulton) 1452 St. Michel Avenue Lots 8,9,10 on Plan 308 (Reduction in lot frontage and lot area) Feb. 12/ 05- Arnold Fobert 18 William Street Part Lot 10, Plan 16 (Reduction in front yard setback and side yard - New porch) Feb. 12/

3 Page Bonnie Lalonde 605 Dundas Crescent Part Lot 68 & 69 on Plan 321 being Part 6 on 52R-1228 (Front yard parking for accessory apartment) Feb. 26/ with 07- Chris Perry 327A Guy Street Lot 168, Plan 79 (Reduction in front yard for staircase) Feb. 12/ 08- Your Credit Union (A/Doug MacMillan) 321 Second St. W. Pt Lt 26, N/S Second Street (Front yard setback reduction for Sign) Feb. 26/ 09- Hazel & Ryan Seale 15 Augustus Street Pt Lt 18, N/S Water Street, being Pts 1 & 2 on 52R-2854 (Rear addition to the home) Feb. 26/ 10- Dr. Ashley Cook (A/Menard Bros. & Assoc. Ltd.) 328 Second Street West Parts 1,2.3 on 52R-2276 (Reduction in aisle width for parking) Feb. 26/ 04- Wayne Cooper 370 Tollgate Road East Pt Lt 7, Concession 2 (Creation of a new lot) March 12/ with 11- Eric Charron & Giovanna Galletto (A/M. Labelle) 507 Pitt Street Lot 15. Pl 52R-5766 (Satellite parking for eating establishment) Feb. 26/ Ontario Inc, Vacant Parcel of Land at Tollgate Road West Part 1 on Plan 52R-7425 (Reduction in exterior side yard for semi) March 12, 20 with - Iyan Ponnudurai 108 Forestdale Cr. Lot 33, Plan 52M-24 (Parking in the external side yard) March 26/

4 Page Lionel Derouchie 122 Gardner Ave. Lt 12, Plan 187 (Reduction in side yard for proposed addition) March 26/ 05- Cornwall Truck Maintenance 1930 McConnell Avenue Pt Lt 7, Con 2 being Pt 1 on 52R (Creation of new commercial lot) April 9/ with Ont. Inc. (J.F. Markell) 37 Cumberland St. Pt Lt 27, S/S 1st being Pt of Pt 2 on 52R-4285 (Creation of a lot addition) June 4/ Withdrawn 07- Markell Property Management Ltd. (A/J. F. Markell) 35 Cumberland St. Pt Lt 26, S/S 1st being Pt 1 & 5 on 52R-7308 (Creation of a lot addition) May 7/ 08- Markell Property Management Ltd. (A/J. F. Markell) 35 Cumberland St. Pt Lt 26, 27 S/S 1st being Pt 1 & 2 on 52R-7308 (To recognize a service/ access lane way to the parking area for 33,35, 37 Cumberland Street) June 4/ Withdrawn 15- Cornwall Quality Homes (A/Mario Faieta) Gloucester St. N. Part Lot 4, S/S First Street (Recognize front yard parking) April 23/ with 16- Mark Meunier & Scott Frechette 1108 Second St. W. Lot 60, Plan 189 (Reduction in lot frontage and rear yard for new semi) April 23/ with 17- Shaun Andre (A/Danielle Elderbroom) 451 Ninth Street East Part Lot O & P on Plan 6A (Reduction in front yard setback for new front porch) April 23/

5 Page Ida Kos & Marcel Larocque 2165 Pitt Street Pt of Lt 23 & 24 on Pl 156 being Pt 2 on Pl 52R-6498 and Pt of Pt 8 on 52R-3330 (Reconfiguration of DVA lot to create a new lot along Pitt Street North) May 7/ 18- Catherine & Grant Nicholson 2220 Vincent Massey Drive Pt Lt 18, Con 3 (Stand Alone Residential SFD without a commercial component in the CH Zone) June 4/ 19- Rabia Fazal 2-12th Street East Lot 52, Plan 118 (Tandem parking for accessory apartment) June 4/ 20- Stephane Raymond (A/ Mohamad Hares) 900 Second Street East Lot 52, Plan 165 (Establishment of a Denture Clinic) June 4/ with 21- Pierre Legault 21 Glen Brook Dr. Lot 6, plan 52M-11 (Reduction in side yard for exterior deck and pool) June 18/ 10- Menard Bros. & Assoc. Ltd (A/Guy Menard) Glen Nora Drive Lot 8, Plan 52M-23 (Severance of lot for semidetached ) June 18/ 22- Grant Castle Corp. (A/Bradley Moore) th Street East Lot 25, Plan 119 (To introduce conveyance store use as being similar to other uses in zone) June 18/ with 23- BASF Canada Inc. (A/Diana Rourke) 501 Wallrich Avenue Lot 14, Con. 1 (Increase in fence height) June 18/ with

6 Page Canada Inc. (A/Bradley Moore) 10 Boundary Rd Pt Lt D, Con. 2 being Pt 1 on 52R (To consider underground tanks as well as new fencing) June 18/ with 25- Upper Canada District School Board (A/CCVS Alumni Assoc.) 437 Sydney Street Pt Lt 10 & 11, N/S 4th St. & S/S 5th St (Increase in sign area) June 18/ 26- J. P. Commodore (A/M. Cardinal) 217 Adolphus Street Pt Lt 6, N/S Second Street (Reduction in of parking stalls provided) June 18/ with 27- City of Cornwall (A/Christoper Markell) 601 Campbell Street Pt Lt A, Con 1 being Pt 2 on 52R June 18/ Withdrawn Ontario Ltd. Christina Boileau Northdale Lot 1, Plan 52M-24 (Severance of lot for semidetached) July 16/ 12- Cornwall Truck Maintenance (A/Lamoureux Gauthier) 1021 Tollgate Rd W W 1/12 lot 16, Concession 3 (Creation of a New Commercial Lot) July 16/ - Ashley Simpson (A/G. Simpson) 518 Adolphus Street Pt Lt 7, N/S 5th St. (Lot addition to Fifth Street E) July 16/ 28- Steven McGillis 1 Markell Cr. Lt 57, Plan 374 (Increase in fence height) July 16/ 29- Michael & Candace Pollard Lancaster Cr. Lt 83, Plan 346 (Increase in fence height) July 16/ with

7 Page City of Cornwall (A/Andre Barrette) 305 York Street (Pt Lt 21, N/S 3rd St.) (Setback variances-angular plane reduction and parking in technical front yard) July 16/ with 31- Denis & Denise Paquette (A/Yves Roy) 1209 Dover Road (Pt Lt 16, Con. 1 being Pt 9 on 52R (Reduction in rear yard for 3 season solarium) July 16/ 32- Michael Paquette - United Way (A/Marc Genier) 331 Water Street East (Pt Lt 4, N/S Water Street) (Expansion to legal non conforming status to establish hair salon) July 16/ 33- Irina Caletzeanu 509 Shirley Avenue (Lt 226 Pl 128) (Expansion of driveway into exterior side yard) July 30/ with 14- Katrina Kruders (A/Stephen Adams) 3216 Richmond Dr. (Pt lt 25, Con 4 E) (Lot Addition to 3216 Richmond Drive) July 30/ 34- Yvon Asselin (A/Richard Bergeron) 512 St. Felix St. (Lt 9, Plan 106) (Increase in fence height) July 30/ 35- Michel J. Paquette Carleton Street (Lts on Plan 79) (Reduction in front yard setback to accommodate a front landing and stair case) July 30/ 36- Stormont Condo Plan No.3 (A/Reina Leroux) 121 Water Street West (Pt Lt 19, N/S Water Street) (Front yard setback relief for sign location) July 30/

8 Page Oscar Ladouceur & Son Ltd. (A/Jason Campeau) 355 Balmoral Avenue (Pts 2,3, Con. 2 Pts Lts 7 & on 52R- 5526) (Reduction in paved area as well as introduction of landscape strips for parking area) July 30/ with Condition Ont. Inc. (A/Gilles Proulx) 338 Water Street East (Pt Lt 4 S/S Water being Pt 2 on 52R-5231) (Reduction to interior side yard to accommodate a second storey addition) August 27/ 15- Iyan Ponnudurai (A/R. Ponnuthuraj Forestdale Cr. Lot 33, Plan 52M-24 August 27/ 39- Robert Prowse 40 First Street West S/S FIRST ST PT LOT 18;RP52R5578 PART 1 TOGETHER;W (Relief from fence by-law and parking requirements for new bed and breakfast) August 27/ 40- Peter & Lynn Kenney 415 Montreal Road Pt Lt 28,29 on Plan 24 (Reduction in aisle width to accommodate a barrier free access in parking area) August 27/ 41- Terry Douglas 7 Vimy Avenue Lot 40, Plan 118 (Expansion to legal non conforming status for the reconstruction of the porch and entrance deck) September 10/ 42- Francine Menard (A/Franco Giovanniello) 1538 Joseph Crt Lt 18, PL 417 (Reduction in rear yard for sunroom and deck) September 10/

9 Page Bruce Cote 646 Dundas Cr. Lt 84, Pl 321 (Increase in fence height) September 10/ 44- John Lebrun A vacant property at Pitt Street North Pt Blk A, Plan 182 being Pt 4 & 6 on 52R-2823 (Reduction in lot frontage for the construction of a tri-plex) Sept. 24/ Deferred 16- Leclerc Investments (A/Jeffrey Leclerc) A vacant parcel of land on St. Felix Street Lots 330,331,334 plan 79 (Reconfiguration of 2 lots for new semi-detached dwellings) Sept. 24/ with 17- Sayed Hafizi Montreal Rd Pt Lt 83, Plan 16 (To separate 2 properties that have amalgamated) Sept. 24/ with 18- Prem Lata Gupta (A/Franco Giovanniello) 1612 Station Road W Pt Lt 9, Con. 2 being Pt 5 & 6 on 52R-4027 Sept 24/ 45- Pamela Hallett 86 Sunset Blvd Pt Lt 2, Pl 52M-8 being Pt 3 on 52R (Reduction in side yard to accommodate a sun room) Sept. 24/ 46- Jeffery Martelock 26 6th Street West Pt Lt 17 & 18, S/S 6th Street (To recognize the setbacks for the second storey addition and rear deck) Sept. 24/ Ont. Ltd. (A/Bruce Maynard) Fourth Street West Pt Lt 20, N/S Fourth Street (Creation of a future residential development site) Oct. 8/ with

10 Page Ont. Ltd. (A/Bruce Maynard) First Street West York Street Pt Lt 21, N/S First Street (To separate parcels for new legal description) Oct. 8/ with Ont. Ltd. (A/Bruce Maynard) Fourth Street West Pt Lt 20, N/S Fourth Street (To recognize the lot frontage off of McLennan Ave for potential development site) Oct. 8/ with 48- Fairview Garage (A/Brad Amell) 1000 Tollgate Rd. W Pt Lt 16, Con 1 being Pt of Pt 1 on 52R-7098 (Expansion of legal non conforming status to recognize the sale of automobile parts) Oct. 22/ with 49- Cornwall Wesleyan Church (A/Rev. Larry Blaikie) 780 Sydney Street Pt Lts, 14 N/S 7th Street, S/S Eighth Street ( Introduction of a Residential Unit for Emergency Purpose in the building) Nov. 5/ with 21- Menard Bros. & Assoc. Ltd. (A/Guy Menard) Northdale Drive Lot 23, Plan 52M-24 Dec. 3/ 50- Cartwave Realty (A/J.F Markell Homes) 1208 Innwood Avenue Lot 6, Plan 52M-14 (Reduction in lot occupancy for a SFD) Dec. 3/ 51- Marcel & Anita Mainville (A/J.F. Markell) 318!st Street West Pt Lt 26 & 27 S/S 1st Street (Reduction in lot area to accommodate lot addition for new development site) Dec. 3/

11 Page Marcel & Anita Mainville (A/J. F. Markell) 318!st Street West Pt Lt 26 & 27 S/S 1st Street (Creation of a Lot Addition to 37 Cumberland for a new development site) Dec. 3/ with 23- Marc Meunier/Scott Frechette 1108 Second Street West Lot 60, Plan 189 Dec. 3/ 52- Leif Bejder A vacant parcel of land on McConnell Avenue Lot 16, Plan 221 (Reduction in lot frontage and lot area for new SFD) Dec. 17/ with 24- Cartwave Realty Ltd. (a/doug Campbell) Forestdale Crescent Lot 20, Plan 52M-26 Dec. 17/ 25- Michael Laframboise Holdings Inc. (A/Jon Huza) 3325 Second Street East BLK 19, Plan 52M-422 Dec. 17/ Deferred 53- Andre St Amour 755 Glengarry Blvd Pt Lt 95, Plan 321 (Tandem parking scenario for accessory unit) Dec. 17/ with

12 SOME HIGHLIGHTS OF THE YEAR 20: Page 12 This year, in addition to the list, I will highlight some of the more significant applications. A Minor Variance application was considered in February to accommodate a new Doctor s office, for Dr. Cook who established his office at 328 Pitt Street the variance were specific to the parking. The renovated MacEwen s at th Street was reviewed by the Committee of Adjustment in June to consider the underground tanks as well as new fencing that was introduced in support of the project. The new wall at BASF was reviewed by the Committee of Adjustment in June, This variance dealt with the height of the fence which was specifically supported by the abutting residential neighbours who wanted the fence to act as a sound barrier. The Committee of Adjustment reviewed Minor Variances for the proposed Condominium development at 305 York in July by Clement Construction (30- ). A number of variances were reviewed to accommodate this new construction which is now proceeding. The matter was appealed, but subsequently withdrawn. A very successful development was reviewed by the Committee in August in support of the introduction of a Bed and Breakfast by Robert Prowse at 40 First Street West. The variance in this case considered relief from the Fence Bylaw as well as recognition of parking stall locations. In addition, the Committee of Adjustment consider some variance to the Signs Bylaw which included: -The Your Credit Union of 321 Second Street West ( 08-) made a request for the Committee of Adjustment to provide for Minor Variances to recognize the new sign that they have installed, it required reduced setbacks. - The Upper Canada District School Boar with the new CCVS sign required review by the Committee ( 25-) - The Stormont Condominium NO. 3 at 121 Water Street, introduced a new sign at the corner of their property was revived under application 36-. A number of Severance applications were reviewed to separate parcels for new legal description and sale, particularly to create infill lots (the primary reason is to build new residential units on these infill lots), or to divide larger sections of land into development lots.

13 Page Many of the applications were as a result of ongoing developments which necessitates Severances of larger parcels and variances to redevelopments/infill proposals in older parts of the City. The Committee circulates a Notice of Public Hearing to all landowners within a 200-feet radius for each Minor Variance and Severance applications, and supplies the necessary sign to post on the subject properties, as per the requirements of the Planning Act. Applications and Notice of Public hearing are circulated to several City Department for their comments. Numerous calls are then received for further information or concerns by the neighbours. Planning then receives the comments from the City departments and a report is then prepared for the Committee much like the Planning Advisory Committee. We have attached a list of the proposals which came before the Committee in Respectfully submitted by, Mary C. Joyce-Smith, MCIP, RPP Senior Planner MCJS/eld Attach.

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