AUGUST 9, :00 A.M. COUNCIL CHAMBERS 4 TH FLOOR CITY HALL. Parm S. Chahal Jaipaul Massey-Singh Richard Nurse Frank Turner

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1 Agenda Committee of Adjustment AUGUST 9, :00 A.M. COUNCIL CHAMBERS 4 TH FLOOR CITY HALL MEMBERS: STAFF: Bruce Reed, Chair Parm S. Chahal Jaipaul Massey-Singh Richard Nurse Frank Turner Thor Plaxton, Development Planner Paul Aldunate, Development Planner Ross Campbell, Zoning Officer Kathy Ash, Manager, Land Development Services Elizabeth Corazzola, Manager, Zoning Services Jeanie Myers, Acting Secretary-Treasurer ADOPTION OF MINUTES: Minutes of meeting held July 19, 2011 DECLARATIONS OF PECUNIARY INTEREST: WITHDRAWALS/DEFERRALS: (1) NEW CONSENT APPLICATIONS B DANIELS LR CORPORATION PT. LOT 10, CONC. 9 ND E/S OF MCVEAN DR, SOUTH OF CASTLEMORE RD The purpose of the application is to request consent to sever approx. 4,857 sq. m (1.2 acres) from a parcel of land currently having a total area of approx. 71,363 sq. m (17.63 acres) Page 1 of 11

2 The effect of the application is to provide for a lot addition to the adjacent lands to the south, owned by Trinison Management Corporation, to facilitate the completion of future residential lots within a subdivision. (2) B ROBERT & BONNIE KERR PT. LOTS 62 & 63, PLAN CH-8 90 COLONEL BERTRAM ROAD WARD 2 The purpose of the application is to request consent to sever a parcel of land currently having a total area of approx ha (0.86 acres). The effect of the application is to sever a parcel of land having a frontage of approx. 40.2m ( ft), a depth of approx. 44m ( ft) and an area of approx ha (0.044 acres) to provide for a lot addition to the adjacent lands to the east, (Draft Plan of Subdivision 21T-99018B) to facilitate two (2) future residential lots. RELATED MINOR VARIANCE APPLICATION A (3) B SABRO DEVELOPMENTS INC. PT. LOT 14, CONC. 4 WHS W/S OF CREDITVIEW ROAD SOUTH OF WANLESS DRIVE The purpose of the application is to request consent to sever a parcel of land currently having a total area of approx ha (99.09 acres). The effect of the application is to create a parcel of land having a frontage on Creditview Road of approx m (605 ft), a depth of approx m (693 ft) and an area of approx ha (8.35 acres) to be used as a future senior elementary school site. (4) B ONTARIO LIMITED LOT 37, PLAN 43M BUFFORD DRIVE WARD 4 The purpose of the application is to request consent to an easement over Lot 37, Plan 43M The effect of the application is to create a private sanitary sewer easement having an area of approx. 48 square metres and legally described as Parts 1, 2 and 3 on Page 2 of 11

3 reference Plan 43R-33976, in favour of the adjacent property to the south, municipally know as 48 McLaughlin Road. (5) B ONTARIO LIMITED LOT 38, PLAN 43M BUFFORD DRIVE WARD 4 The purpose of the application is to request consent to an easement over Lot 38, Plan 43M The effect of the application is to create a private sanitary sewer easement having an area of approx. 47 square metres and legally described as Parts 4 and 5 on Reference Plan 43R-33976, in favour of the adjacent property to the south, municipally know as 48 McLaughlin Road. (6) DEFERRED CONSENT APPLICATIONS B FRANK AND MARY LORBER LOT 9, PLAN /70 MARYSFIELD DRIVE The purpose of the application is to request consent to sever a parcel of land currently having a total area of approx. 11, sq. m (1.128ha). The effect of the application is to create a new lot having a frontage of 52.28m ( ft), a depth of approx m ( ft) and an area of approx. 4, sq. m (0.40 ha). It is proposed that the new lot be used for future residential purposes (one single family dwelling). RELATED MINOR VARIANCE APPLICATIONS A & A (7) NEW MINOR VARIANCE APPLICATIONS A BRIAN KAUTZ & THERESA LOT 35, PLAN 43M-1722 MAPE-KAUTZ 64 SPOTTED OWL CRESCENT WARD 2 The applicants are requesting the following variance: Page 3 of 11

4 1. To allow a deck encroachment of 3.78m (12.40 ft) resulting in a rear yard setback of 3.72m (12.20 ft) whereas the by-law permits a deck encroachment of 1.8m (5.90 ft) resulting in a rear yard setback of 5.7m (18.70 ft). (8) A LDASK MBC CORPORATION PT. LOT 10, CONC. 1 WHS 60 GILLINGHAM DRIVE WARD 5 1. To allow a Commercial, Technical or Recreational School whereas the by-law for the property does not permit the proposed use. (9) A MONTEREY PARK HOLDING CORP BLOCKS C & X, PLAN GATEWAY BOULEVARD WARD 8 1. To allow a Commercial, Technical or Recreational School whereas the by-law for the property does not permit the proposed use. (10) A KANEFF PROPERTIES LIMITED LOT 62, PLAN 43M COASTLINE DRIVE The applicant is seeking permission for the following variances: 1. To allow a lot width of 11.5m (37.73 ft) whereas the by-law requires a minimum lot width of 12.1m (39.70 ft); 2. To allow for a maximum cumulative garage door width of 5.0m (16.40 ft) whereas the by-law permits a maximum cumulative garage door width of 4.6m (15 ft); 3. To allow a maximum interior garage width of 5.6m (18.37 ft) whereas the bylaw permits a maximum interior garage width of 5.2m (17 ft) Page 4 of 11

5 (11) A PREETINDER & GURVINDER BASRA PT. LOT 50, PLAN M-73 PT. 5, PLAN 43R MANITOU CRESCENT WARD 7 The applicants are seeking permission for the following variances: 1. To permit a lot coverage of 42% whereas the by-law allows a maximum lot coverage of 33.3%; 2. To permit a 0.35m (1.15 ft) interior side yard setback to an accessory structure (shed) whereas the by-law requires a minimum 0.6m (1.97 ft) side yard setback; 3. To permit a 0.35m (1.15 ft) rear yard setback to an accessory structure (shed) whereas the by-law requires a minimum 0.6m (1.97 ft) rear year setback. (12) A ROBERT & BONNIE KERR PT. LOTS 62 & 63, PLAN CH-8 90 COLONEL BERTRAM ROAD WARD 2 The applicants are requesting the following variances related to the "retained" parcel in conjunction with Consent Application B11-038: 1. To permit a lot having a minimum area of 0.16 ha whereas the by-law requires a minimum lot area of 0.40 ha; 2. To permit a lot having a minimum width of 40.0m whereas the by-law requires a minimum lot width of 45.0m; 3. To permit a front yard setback of 6.0m whereas the by-law requires a minimum front yard setback of 12.0m; 4. To permit an interior side yard setback of 2.5m whereas the by-law requires a minimum interior side yard setback of 7.5m; 5. To permit a rear yard setback of 7.5m whereas the by-law requires a minimum rear yard setback of 15.0m; Page 5 of 11

6 6. To permit an accessory structure in an interior side yard 4.3m from the side lot line whereas the by-law allows an accessory structure only in the rear yard and no closer than 1.2m to the nearest lot line on a lot in an Agriculture Zone where the lot area is 2 ha or less. RELATED CONSENT APPLICATION B (13) A SUKHWINDER KAUR DHALIWAL LOT 6, PLAN M NUFFIELD STREET WARD 7 The applicant is seeking permission for the following variances: 1. To allow an sq. m ( sq. ft) accessory structure (shed) whereas the by-law allows an accessory structure at a maximum size of 10.0 sq. m ( sq. ft); 2. To allow a driveway having a width of 7.32m (24 ft) whereas the by-law permits a maximum width of 6.71 (22 ft); 3. To allow a 0 metre landscape strip adjacent to a side lot line whereas the bylaw requires a minimum of 0.6m (2 ft) of permeable landscaping adjacent to the side lot line. (14) A JOAO BOTELHO, LUIS BRUM PT. LOT 2, PLAN M-142 & SANDRA BRUM PT. 5, PLAN 43R LOCUSTWOOD COURT WARD 1 The applicants are seeking the following variance: 1. To allow a parking space in a driveway having a depth of 4.42m whereas the by-law requires that an angled parking space shall be a rectangular area measuring not less than 2.70m in width and 5.40m in length Page 6 of 11

7 (15) A BRIAN CHAN LOTS 13 & 20, PLAN TOR 6 60 VICTORIA STREET The applicant is seeking the following variances: 1. To allow a lot width (frontage) of metres whereas the by-law requires a minimum lot width of 30 metres; 2. To allow a building height of 9.65 metres whereas the by-law permits a maximum building height of 8.70 metres. (16) A KRISHNA BANSAL PEEL CONDOMINIUM PLAN 233, LEVEL 1, UNIT 10 8 STRATHEARN AVE, UNIT 10A WARD 8 1. To allow a law office in Unit 10A whereas the by-law only permits a law office in Units 11 and 12 as shown on Schedule C Section (17) A DEMOCRAT CASTLEFIELD LIMITED PT. LOT 8, CONC. 10 ND LOT 1L, DRAFT PLAN 21T-07001B (formerly) 9499 THE GORE RD. The applicant is seeking the following variances: 1. To allow a single detached dwelling whereas the by-law permits only a semidetached dwelling; 2. To allow an interior side yard setback of 0.65m (2.13 ft) whereas the by-law requires a minimum interior side yard setback of 1.2m (3.94 ft) Page 7 of 11

8 (18) A DEMOCRAT CASTLEFIELD LIMITED PT. LOT 8, CONC. 10 ND LOT 1R, DRAFT PLAN 21T-07001B (formerly) 9499 THE GORE RD. The applicant is seeking the following variances: 1. To allow a single detached dwelling whereas the by-law permits only a semidetached dwelling; 2. To allow an interior side yard setback of 0.65m (2.13 ft) whereas the by-law requires a minimum interior side yard setback of 1.2m (3.94 ft). (19) A TRASENT HOLDINGS INC. PT. LOT 6, CONC. 3 WHS BLOCK 116, UNITS 1-8 DRAFT PLAN 21T-04009B TEAL CREST CIRCLE 1. To allow a minimum dwelling unit width of 5.33 metres whereas the by-law requires a minimum dwelling unit width of 6.0 metres. (20) A TRASENT HOLDINGS INC. PT. LOT 6, CONC. 3 WHS BLOCK 115, UNITS 2-7 DRAFT PLAN 21T-04009B TEAL CREST CIRCLE 1. To allow a minimum dwelling unit width of 5.33 metres whereas the by-law requires a minimum dwelling unit width of 6.0 metres Page 8 of 11

9 (21) A TRASENT HOLDINGS INC. PT. LOT 6, CONC. 3 WHS BLOCK 110, UNITS 1-6 DRAFT PLAN 21T-04009B TEAL CREST CIRCLE 1. To allow a minimum dwelling unit width of 5.33 metres whereas the by-law requires a minimum dwelling unit width of 6.0 metres. (22) A TRASENT HOLDINGS INC. PT. LOT 6, CONC. 3 WHS BLOCK 109, UNITS 1-6 DRAFT PLAN 21T-04009B TEAL CREST CIRCLE 1. To allow a minimum dwelling unit width of 5.33 metres whereas the by-law requires a minimum dwelling unit width of 6.0 metres. (23) DEFERRED MINOR VARIANCE APPLICATIONS A FRANK & MARY LORBER LOT 9, PLAN /70 MARYSFIELD DRIVE The applicants are seeking the following variances related to the retained parcel in conjunction with Consent Application B11-034: 1. To permit a lot having a minimum area of 7, sq. m (0.72 ha) whereas the by-law requires a minimum lot area of 0.8 ha; 2. To permit a lot having a minimum width (frontage) of 13.5 m whereas the bylaw requires a minimum lot width of 45m; Page 9 of 11

10 3. To permit a rear yard setback of 12m whereas the by-law requires a minimum rear yard setback of 15m. RELATED CONSENT APPLICATION B (24) A FRANK AND MARY LORBER LOT 9, PLAN /70 MARYSFIELD DRIVE The applicants are seeking the following variances related to the severed parcel in conjunction with Consent Application B11-034: 1. To permit a lot having a minimum area of 4, sq. m (0.4 ha) whereas the by-law requires a minimum lot area of 0.8 ha. RELATED CONSENT APPLICATION B (25) A TORAB LIMITED BLOCK 10, PLAN 43M ABACUS ROAD 1. To allow 1 parking space per 30 square metres of office gross commercial floor area; whereas the by-law requires 1 parking space per 25 square metres of office gross commercial floor area. (26) A CARDILLO CAPITAL CORPORATION PT. BLOCK M, PLAN 518 PT. 2, PLAN 43R B HANSEN ROAD SOUTH WARD 3 The applicant is seeking permission for the following variances associated with a proposed addition: 1. To allow office uses whereas the by-law does not permit the proposed use; 2. To allow a landscape open space strip having a minimum width of 4.5m (14.76 ft) along the entire front lot line whereas the by-law requires a Page 10 of 11

11 minimum landscape open space strip of 6.0m (19.68 ft) along the entire front lot line, except where a driveway is located; 3. To allow a minimum driving aisle width of 6.0 metres whereas the by-law requires a minimum driving aisle width of 6.6 metres; 4. To allow a parking lot for use by others whereas the by-law does not allow the proposed use; 5. To allow a banquet hall whereas the by-law does not permit the proposed use; 6. To allow 170 parking spaces whereas the by-law requires a minimum of 300 parking spaces to accommodate the proposed uses Page 11 of 11