John Vanderzand, Vice-Chair Anthony Price, Member Richard Belford, Member Jeffrey Robinson, Member

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1 COMMITTEE OF ADJUSTMENT AND CONSENT MINUTES Section 45(1) of the Planning Act Meeting COA # Thursday, July 24, 2014 The Milton Committee of Adjustment and Consent met at the Council Chambers, Town Hall West, 150 Mary Street, Milton at 7:00 pm., Thursday, July 24, Members Present: Members Absent: Town Staff Present: Joe Yaworski, Chair John Vanderzand, Vice-Chair Anthony Price, Member Richard Belford, Member Jeffrey Robinson, Member All present Elizabeth Cunningham, Committee Secretary-Treasurer Aaron Raymond, T.O.M. Development Planner 1.0 CALL TO ORDER The meeting was called to order at 7:00 p.m. The Chair confirmed that a quorum was in attendance. At the outset of the Hearing, the Chair described the composition of the Committee and introduced Members and Town Staff to those in attendance. Insofar as public input, he also advised those in attendance that delegations would be limited to five minutes each, as is standard practice, and that any written correspondence provided to the Committee Secretary-Treasurer and issued to the Members prior to the Hearing would form part of the public record and would be considered to have been read into evidence at the Hearing. He asked any person, other than an applicant or authorized agent of record, wishing to receive a copy of the Decision to sign the Register available in the Council Chamber. He also indicated that all Decisions would be made in public, subject to a 20-day appeal, and that any Decision could be appealed to the Ontario Municipal Board. 2.0 DISCLOSURES OF DIRECT OR INDIRECT PECUNIARY INTEREST At the time of the Hearing, there were no disclosures of pecuniary interest by Committee Members. 3.0 CONFIRMATION OF DEFERRAL AND/OR WITHDRAWAL OF APPLICATIONS There were no requests for deferral or withdrawal of applications at the outset of the meeting.

2 MINUTES - Milton Committee of Adjustment and Consent Page 2 of MINUTES FROM PREVIOUS MEETING MOVED BY: SECONDED BY: PRICE ROBINSON THAT MINUTES OF COA MEETING NO HELD ON JUNE 19, 2104 BE APPROVED, AS CIRCULATED. Motion Carried 5.0 MINOR VARIANCE APPLICATIONS Section 45(1) of the Planning Act 5.1 APPLICATION D10 (A2-14/028/M) GORTSON GUELPH LINE (NASSAGAWEYA) 5.2 APPLICATION D10 (A2-14/029/M) PICARD GUELPH LINE (NASSAGAWEYA) 5.3 APPLICATION D10 (A1-14/030/M) BKP HOLDINGS (MILTON) INC REGIONAL ROAD 25, MILTON 5.4 APPLICATION D10 (A1-14/025/M (REVISED DRAWING) ONTARIO LIMITED STEELES AVENUE EAST; 274 AND 312 ALLIANCE ROAD, MILTON 5.5 APPLICATION D10 (A1-14/016/M) REVISED CTD REALTY INC./PASQUALINO S MAIN STREET EAST, MILTON 5.1 MINOR VARIANCE APPLICATION D13 (A2-14/028/M) GORTSON GUELPH LINE (NASSAGAWEYA) TOWN OF MILTON, REGIONAL MUNICIPALITY OF HALTON Agent/Agent: Jonathon Gortson Present: Jonathon Gortson, Applicant/Owner Sworn in. Elizabeth Norrington Guelph Line Sworn in. Mary Ann Poole Guelph Line Sworn in. The following minor variance application was reviewed within the context of Section 45(1) of the Planning Act.

3 MINUTES - Milton Committee of Adjustment and Consent Page 3 of 25 It was noted for the record that, in addition to the applicant/agent, there were person(s) present concerning this application. Applicant Overview: Mr. Gortson indicated that he and his family have lived at this address for +3 years and have not made any changes since purchasing their home. Their family has continued to grow since that time but their home remains at under 1,800 square feet and is now crowded. In considering options to achieve additional living space and given the existence of wetlands on the north-easterly border, Mr. Gortson s first step was to approach Conservation Halton (CH). The Authority has since granted their approval. Mr. Gortson then approached the Town and was advised that their proposal will require a minor variance for reduced side yard setback. Public Deputations: Elizabeth Norrington Ms. Norrington explained that she is a farmer living diagonally across the road from the Gortson s. When asked, she explained that she can see some of the front of some of the northern portions of the Gortson property from her home but that it is difficult to see their entire property. She was concerned about the small lot size (0.6 or 0.7 acres) upon which the owners are hoping to build an addition to their home. She commented that when homes are located too close together, disputes can arise. Ms. Norrington further commented on the background of the house as being an historic church manse and was concerned that the integrity of the structure could be comprised by any renovations. In response, Town Staff confirmed that a heritage assessment had not been done by either the Nasagiweya Historical Society or Heritage Milton. Although Ms. Norrington did raise other concerns, the issues were not specific to the application or had been addressed through the Conservation Authority s review. Mary Ann Poole Ms. Poole indicated that she lived right next door (to the north) to the Gortson s and was very concerned about potential impact on the area wetlands. She also questioned the location of the septic bed and commented on the likelihood that a house the age of this one could not withstand an addition. In response, Town Staff clarified the review process (well and septic would have been considered by Regional and Town Staff) and Ms. Poole was advised that Conservation Halton had requested conditions which would have to be met before a building permit could be issued. Jon Gorton in response To balance concerns raised by two area residents, Mr. Gortson pointed out that the neighbour most likely to be affected at the point of the mutual property boundary was well aware of the proceedings but did not attend the hearing nor submit written concerns.

4 MINUTES - Milton Committee of Adjustment and Consent Page 4 of 25 Committee Questions/Deliberations: Responding to Committee Vice-Chair Vanderzand, the planner advised that if there had been heritage concerns about the proposal, the matter would have been raised but was not. Mr. Vanderzand expanded by saying that if Heritage Milton is satisfied, then the neighbours concerns could be expected to be similarly allayed. In support of this point, Committee Chair Yaworski read an extract from Ms. Fisher s planning report about the addition at the rear and the suggestion that it would not disturb/destroy heritage aspects of house. In summary, Committee Vice-Chair Vanderzand went on to note that the request does not represent a significant change since there will not be any change to the existing side yard lot line. The associated by-law rule was already broken as far back as the 1920 s. Moreover, and importantly, all Conservation Halton concerns have been addressed through design, location and recommended conditions of approval. MOTION TO APPROVE Following discussions and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. Consideration from Planning Report The Zoning By-law requires deep exterior side yard setbacks in rural areas to ensure that the open spacious character of the rural environment is preserved. The subject property is a small rural lot. The addition would be largely hidden from street view and would, therefore, not detract from the rural character or appearance of the surrounding area. The addition is situated at the rear of the house so would not harm the heritage attributes of the historical front (c.1920 s) portion of the house. Conservation Halton has already issued a Letter of Permission for the proposed works. It is recommended that the conditions imposed as part of this Letter of Permission be imposed as part of this minor variance approval to ensure that the proposed works do not harm the nearby Provincially Significant Wetland. The Region of Halton has no objections to the proposal; however, notes that the subject property is in an area identified as having archeological potential. It is, therefore, recommended that a condition be included to ensure that significant archeological resources, if any, be conserved.

5 MINUTES - Milton Committee of Adjustment and Consent Page 5 of 25 The proposed variance is considered to be minor in nature, appropriate for the use of the land, and in keeping with the general intent of both the Official Plan and Zoning By-law because: It does not detract from the rural character and appearance of the surrounding area; It does not harm the adjacent Provincially Significant Wetland; It does not harm the heritage attributes of this circa 1920 s house; and Any significant archeological resources found as a consequence of the proposals would be conserved in line with the Ontario Ministry of Tourism and Culture requirements. MOVED BY: SECONDED BY: VANDERZAND PRICE THAT Minor Variance Application D13 (A2-14/028/M - Gortson) to the Milton Committee of Adjustment and Consent requesting permission to allow a reduction in minimum side yard setback to 3 metres, WHEREAS Section 10.2 Table 10B of Comprehensive Zoning By-law , as amended, requires a minimum side yard setback of 7.5 metres to accommodate the construction of a 2-storey addition onto the easterly side of an existing single-family dwelling on Part Lot 19, Concession 4 (Nassagaweya), municipally known as Guelph Line in the Town of Milton, Regional Municipality of Halton BE APPROVED WITH THE FOLLOWING CONDITIONS: 1. That the approval be subject of an expiry of two (2) years from the date of decision if the conditions are not met, if the proposed development does not proceed, and/or a building permit is not secured. 2. That disturbed areas be stabilized immediately following the completion of construction to the satisfaction of Conservation Halton and the Town of Milton Director of Planning and Development. 3. That effective sediment and erosion control measures be installed prior to starting work, maintained during construction, and fully removed once all disturbed areas have been stabilized. That site conditions be monitored and that the sediment and erosion control measures be modified if site conditions warrant it. 4. That excess fill (soil or otherwise) generated from the proposed works shall not be stockpiled or disposed of within any area regulated by Conservation Halton, pursuant to Ontario Regulation 162/ That the Ontario Ministry of Tourism and Culture shall be notified (Tel. No ) if any archeological materials are found on the property. If any human remains are encountered during construction, the property owner shall immediately contact the appropriate authorities (police or coroner) and all soil disturbances must stop to allow the authorities to investigate and the Registrar of Cemeteries to be consulted. End of Conditions

6 MINUTES - Milton Committee of Adjustment and Consent Page 6 of 25 NOTES: 1. Conservation Halton Letter of Permission was issued on February 5, Town of Milton Development Engineering Staff has advised, as follows: (i) At the time of building permit submission, the Owner is required to provide a detailed grading plan for Development Engineering review. The plan is to indicate overland flow direction, associated land slopes and drainage management for the property on all sides/property lines of the development. (ii) Any grading issue(s) that may arise is/are the responsibility of the Owner to resolve. (iii) It is the Owner s responsibility to ensure that the drainage patterns on the property do not adversely affect the adjoining properties and/or existing buildings. 3. Development Charges will be applied in accordance with the Town, Region and Local Boards of Education respective Development Charges By-laws. Development Charges inquiries, if any, should be referred to C. Boyle, Town Development Administrator at 905/ , Ext End of Notes Motion Carried Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. 5.2 MINOR VARIANCE APPLICATION D13 (A2-14/029/M) PICARD GUELPH LINE (NASSAGAWEYA) TOWN OF MILTON, REGIONAL MUNICIPALITY OF HALTON Owner/Agent: Present: Trevor Picard Trevor Picard, Sworn in. The following minor variance application was reviewed within the context of Section 45(1) of the Planning Act. It was noted for the record that, other than the applicant/agent, there were no persons present having indicated a specific interest in this application. Applicant/Agent Overview: The owner wishes to build a deck and 3-season room with porch on the northeast side of his existing house and has already submitted the applicable building permit application to the Town. Mr. Picard indicated that the front setback has always been too close to the road and that he was previously granted a minor variance for a covered front porch. Any works will be back from what is currently at the front of the house.

7 MINUTES - Milton Committee of Adjustment and Consent Page 7 of 25 Mr. Picard noted that he takes pride in his property and wants to preserve and continue the look and feel (style and proportions) of his home. In that vein, he indicated that he will be using similar building materials. Mr. Picard noted that both the Region and Heritage Milton are satisfied with the application and that the plans have been submitted to Conservation Halton (including a personal visit) as well, with an informal OK having been given, pending the Authority s written response. Public Deputations: None Committee Questions/Deliberations: In response to questioning, Mr. Picard confirmed that he has spoken to bordering neighbours regarding his proposal and has not been advised of any related concerns. MOTION TO APPROVE Following discussions and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. Consideration from Planning Report The Zoning By-law requires deep front yard setbacks in rural areas to ensure the open spacious character of the rural environment is preserved. Almost the entire existing heritage house is within the required front yard setback. The proposed additions would be set back from the front of the house and are modest in size. They would not detract from the rural character or appearance of the surrounding area. The addition is set back from the front of the house and, being of modest size and scale, would not harm the heritage attributes of this heritage resource. Heritage Milton has no objections to the proposed single storey side addition and deck. Additional information was provided to Conservation Halton by the applicant and the Authority subsequently confirmed that the proposed new deck and porch/sunroom would meet the minimum setbacks from both the flood plain and the Provincially Significant Wetland that are required by their policies. As such, Conservation Halton has no objections to the proposals. It is recommended that conditions be included relating to fill and excavation works

8 MINUTES - Milton Committee of Adjustment and Consent Page 8 of 25 to ensure the proposed works do not harm the nearby Provincially Significant Wetland or the Regional Storm Floodplain. The Region of Halton has no objections to the proposal; however, notes that the subject property is in an area identified as having archeological potential. It is, therefore, recommended that conditions be included to ensure that significant archeological resources are conserved. The proposed variance is considered to be minor in nature, appropriate for the use of the land, and in keeping with the general intent of both the Official Plan and Zoning By-law because: o It does not detract from the rural character and appearance of the surrounding area; o It does not harm the adjacent Provincially Significant Wetland nor materially impact the Regional Storm Floodplain; o It does not harm the heritage attributes of this circa 1920 s house; and o Any significant archeological resources found as a consequence of the proposals would be conserved in line with the Ontario Ministry of Tourism and Culture requirements. MOVED BY: SECONDED BY: ROBINSON BELFORD THAT Minor Variance Application D13 (A2-14/029/M - Picard) to the Milton Committee of Adjustment and Consent requesting permission to allow a decrease in minimum front yard setback to 9.5 metres, WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law , as amended, requires a minimum front yard setback of 22.5 metres to accommodate the construction/ addition of a deck and sunroom onto the side and rear of an existing singlefamily dwelling on Part Lot 19, Concession 3 (Nassagaweya), municipally known as Guelph Line in the Town of Milton, Regional Municipality of Halton BE APPROVED WITH THE FOLLOWING CONDITIONS: 1. That the approval be subject of an expiry of two (2) years from the date of decision if the conditions are not met, if the proposed development does not proceed, and/or a building permit is not secured. 2. That pursuant to Ontario Regulation 162/06, the applicable permissions will be required from Conservation Halton. 3. That disturbed areas be stabilized immediately following the completion of construction to the satisfaction of Conservation Halton and the Town of Milton Director of Planning and Development. 4. That effective sediment and erosion control measures be installed prior to starting work, maintained during construction, and fully removed once all disturbed areas have been stabilized. That site conditions be monitored and that the sediment and erosion control measures be modified if site conditions warrant it. 5. That excess fill (soil or otherwise) generated from the proposed works shall not be stockpiled or disposed of within any area regulated by Conservation Halton, pursuant to Ontario Regulation 162/06.

9 MINUTES - Milton Committee of Adjustment and Consent Page 9 of That the Ontario Ministry of Tourism and Culture shall be notified (Tel. No ) if any archeological materials are found on the property. If any human remains are encountered during construction, the property owner shall immediately contact the appropriate authorities (police or coroner) and all soil disturbance must stop to allow the authorities to investigate and the Registrar of Cemeteries to be consulted. End of Conditions NOTES: 1. Development Charges will be applied in accordance with the Town, Region and Local Boards of Education respective Development Charges By-laws. Development Charges inquiries, if any, should be directed to C. Boyle, Town Development Administrator at 905/ , Ext Town Development Engineering Staff has advised as follows: (i) At the time of building submission, the Owner is required to provide a letter of permission from Conservation Halton. (ii) At the time of building submission, a detailed grading plan is to be provided for review by Development Engineering. The plan is to indicate overland flow direction, associated land slopes and drainage management for the property on all sides/property lines of the development. (iii) Any grading issue(s) that may arise is/are the responsibility of the Owner to resolve. (iv) It is the Owner s responsibility to ensure that the drainage patterns on the property do not adversely affect the adjoining properties and/or existing buildings. End of Notes Motion Carried Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. 5.3 MINOR VARIANCE APPLICATION D13 (A1-14/030/M) BKP HOLDINGS (MILTON) INC REGIONAL ROAD 25 TOWN OF MILTON, REGIONAL MUNICIPALITY OF HALTON Agent: Present: Jeff Kenny, Salmona Tregunno Inc. Jeff Kenny, Agent Affirmed. The following minor variance application was reviewed within the context of Section 45(1) of the Planning Act. Insofar as the zoning context is concerned, Council passed the new Town of Milton Comprehensive Zoning By-law (applicable to the Town s Urban Area only) on February 24, Eight appeals were filed against the new Comprehensive Zoning By-law. The appeal letters, along with the required information, have been forwarded to the Ontario

10 MINUTES - Milton Committee of Adjustment and Consent Page 10 of 25 Municipal Board (OMB) in accordance with the requirements of the Planning Act. While the appeals are being reviewed by the OMB, Town Zoning Staff will be applying the most restrictive provisions of both Comprehensive Zoning By-law , as amended, and Comprehensive Zoning By-law until all appeals are disposed of by the Ontario Municipal Board. It was noted for the record that, other than the applicant/agent, there were no persons present having indicated an interest in this application. Agent Overview: Mr. Kenny advised that one of the minor variances is related to the location of fuel pumps on the subject property, noting that the Zoning By-laws define pumps as structures. As such, they must meet related setback requirements. By way of explanation, Mr. Kenny advised that the effective site circulation of personal vehicles and trucks could not be achieved if the pumps were to be located within the required setbacks. He noted that the use is permitted and that, in his opinion: o the notion that the pump is a structure is tenuous at best; o there is no impact on the subject property or adjoining vacant property (as might happen with a true building); With regard to the variance related to the pedestrian connection, the applicant has examined several options. While the proposed location of the walkway is not necessarily ideal, Mr. Kenny considers it to be acceptable and minor due to the low volume of pedestrian traffic anticipated in this Business Park Area location. Public Deputations: None Committee Questions/Deliberations: None MOTION TO APPROVE Following discussions and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law.

11 MINUTES - Milton Committee of Adjustment and Consent Page 11 of 25 Consideration from Planning Report The Town s site planner has been working closely with the Applicant to ensure that the placement of all proposed buildings, parking, fuel pumps, walkways, driveways and queuing lanes will facilitate appropriate and effective site circulation for trucks, personal motor vehicles and pedestrians. The proposed reduction in the setback and inclusion of the walkway crossing through the queuing lane has resulted from the examination of various possibilities related to the site plan application. The intent of having minimum setbacks to property lines is to ensure that the development of one property does not impact the use or overall enjoyment of a neighbouring property. Required setbacks are also required to ensure adequate drainage, fire separation and to provide an adequate buffer between uses/properties to help with compatibility. The adjacent property that surrounds the subject lands and would be impacted by the reduction in the rear yard setback to the diesel fuel pumps is zoned to contain similar business park uses, including certain additional convenience and motor vehicle related uses. Although the setback is significantly reduced on the subject lands, Staff will have an opportunity to review the site arrangements on the lands to the north at such time that a development application is filed to ensure that both properties will remain compatible. Planning Staff is of the opinion that the reduction in the rear yard setback will not be of detrimental impact to either the subject lands or the adjacent lands; would be considered minor in nature while maintaining the intent of the Zoning By-law provisions as they relate to setbacks; and will allow for the efficient development of the lands. Through the site plan review, Staff examined a series of options for pedestrian connections from the street sidewalks to the store. Unfortunately, given the type of development proposed on the site (i.e. purpose built automobile focused uses), Staff was unable to find a more suitable access than the proposed crossing of the queuing lane. Although it is not ideal in most cases to locate a pedestrian walkway through a queuing lane, Staff does not anticipate a high volume of pedestrian traffic at this location and does not feel that it will obstruct the queuing lane in a manner that would impede its function. Staff received no objections to the proposed variance application through the public consultation process or as a result of the Town department and external agency circulation. Planning Staff has reviewed the application and, based on the foregoing, has no objection to the approval of the requested minor variances by the Committee. In conclusion, Planning Staff is of the opinion that the requested variances are minor in nature; conform to the general policies and intent of both the Official Plan and Zoning By-laws; and are appropriate for the development and use of the land.

12 MINUTES - Milton Committee of Adjustment and Consent Page 12 of 25 MOVED BY: SECONDED BY: BELFORD PRICE THAT Minor Variance Application D13 [A1-14/030/M - BKP Holdings (Milton) Inc.] to the Milton Committee of Adjustment and Consent requesting permission to allow the following: REQUESTED VARIANCES FROM COMPREHENSIVE ZONING BY-LAW , AS AMENDED Section(s) of By-law By-law Requirements Proposed Variance(s) 1 Section 8.2 (Table 8B) 2 Section 5.15 and The By-law requires a minimum rear yard setback (not abutting a residential zone) of 12.0 metres. The By-law stipulates that queuing lanes shall be unobstructed and shall be clearly delineated by pavement markings or physical barriers, and shall be independent of the balance of the parking area. Requesting permission to allow a decrease in minimum rear yard setback (not abutting a residential zone) to diesel fuel pumps to 1.8 metres (a difference of metres). Requesting permission to allow a pedestrian walkway crossing through the middle portion of the queuing lanes. and/or REQUESTED VARIANCES FROM COMPREHENSIVE ZONING BY-LAW Section(s) of By-law 1 Section 8.2 (Table 8B) 2 Section 5.18 and By-law Requirements The By-law requires a minimum rear yard setback (not abutting a residential zone) of 12.0 metres. The By-law stipulates that queuing lanes shall be unobstructed and shall be clearly delineated by pavement markings or physical barriers, and shall be independent of the balance of the parking area. Proposed Variance(s) Requesting permission to allow a decrease in minimum rear yard setback (not abutting a residential zone) to diesel fuel pumps to 1.8 metres (a difference of metres). Requesting permission to allow a pedestrian walkway crossing through the middle portion of the queuing lanes. to accommodate the location of diesel fuel pumps associated with a proposed gas bar/drive through restaurant on Part Block 4, R.P. 20M-952; Part 1, Reference Plan 20R-18992, municipally known as 8552 Regional Road 25 in the Town of Milton, Regional Municipality of Halton BE APPROVED WITH THE FOLLOWING CONDITION:

13 MINUTES - Milton Committee of Adjustment and Consent Page 13 of That the approval be subject of an expiry of two years from the date of decision if the proposed development does not proceed and/or the building permits are not secured. End of Conditions NOTES: 1. Site plan approval is required. [Refer to File SP-01/14.] 2. Development Charges are applicable and payable prior to Building Permit issuance, at the non-residential rate in effect at that time in accordance with Town, Region and School Boards by-laws. Development Charges inquiries, if any, should be directed to C. Boyle, Town Development Administrator at 905/ , Ext Town Community Services Staff advises that cash-in-lieu of parkland dedication obligations apply. 4. The owners or their consultants are required to contact Milton Hydro (well in advance) for confirmation of electrical servicing requirements. 5. Town Development Engineering Staff advises that details relative to privacy screening along the rear yard will be addressed during the associated site plan application process. End of Notes Motion Carried Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. 5.4 MINOR VARIANCE APPLICATION D13 (A1-14/025/M Revised Drawing) ONTARIO LIMITED STEELES AVENUE EAST; 274 AND 312 ALLIANCE ROAD Town of Milton, Regional Municipality of Halton Note: This application was deferred prior to agency and public circulation to allow the applicant time to provide additional information needed for the review. Once a revised drawing was provided on behalf of the applicant, all required circulations were undertaken and the application was scheduled for a hearing. Agent: Present: Brian Williams, Architect Brian Williams, Agent Sworn in. The following minor variance application was reviewed within the context of Section 45(1) of the Planning Act. Insofar as the zoning context is concerned, Council passed the new Town of Milton Comprehensive Zoning By-law (applicable to the Town s Urban Area only) on February 24, Eight appeals were filed against the new Comprehensive Zoning By-law. The appeal letters, along with the required information, have been forwarded to the Ontario Municipal Board (OMB) in accordance with the requirements of the Planning

14 MINUTES - Milton Committee of Adjustment and Consent Page 14 of 25 Act. While the appeals are being reviewed by the OMB, Town Zoning Staff will be applying the most restrictive provisions of both Comprehensive Zoning By-law , as amended, and Comprehensive Zoning By-law until all appeals are disposed of by the Ontario Municipal Board. It was noted for the record that, other than the applicant/agent, there were no persons present having indicated an interest in this application. Agent Overview: Mr. Williams described the subject property (three parcels merged into one) as being bounded by Steeles Avenue East, Wheelabrator Way, Alliance Road, and the 16 Mile Creek. The lands were originally zoned as M1 (a restricted Industrial zoning) and in 2003 were rezoned to Greenlands A (due to proximity to 16 Mile Creek). The owners now want to have/resume a broader scope of uses (similar to those permitted in Business Park) within the existing buildings. [Business Park is fairly similar to previous M1.] Conservation Halton o A significant issue is the potential impact on the watercourse. o Conservation Halton is amenable to the request but has certain concerns relative to what could happen during a flood occurrence. o The owner has lined up a prospective tenant (motor vehicle rental agency). CH has a concern about overnight storage of vehicles in the event of flooding. To safeguard against this prospect, the Authority has recommended that vehicles be limited to the area that is already paved/existing asphalt and no closer than 3 metres to the lot line. The Town agrees with this limitation and Mr. Williams noted that this requirement was equally satisfactory to the applicant. o In summary, Mr. Williams is of the opinion that the request is minor in nature (nothing is being built) and that the request conforms to the intents of the zoning by-laws and official plan. Public Deputations: None Committee Questions/Deliberations: None MOTION TO APPROVE Following discussions and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property;

15 MINUTES - Milton Committee of Adjustment and Consent Page 15 of That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. Consideration from Planning Report The subject property is bordered to the south by a tributary of Sixteen Mile Creek and is located almost entirely within a Greenlands A/Natural Heritage System Zone. The subject lands were previously zoned Restricted Industrial (M1), which permitted uses similar to the current Business Park (M1) zone under Zoning By-law and At the time of the Town-wide Comprehensive Zoning By-law Amendment in October 2003, all lands which fell within the regulated floodplain of Sixteen Mile Creek (as well as other tributaries) were rezoned Greenlands A. The Greenlands A zone allows for conservation uses as well as any uses existing at the time of the passing of the Zoning By-law. As only existing uses are permitted, the Owner has had difficulty in securing tenancy within the existing building. The Owner and Planning Staff feel that this situation has created an undue hardship for the Owner as they are limited to uses established within the existing buildings and would require a Zoning Amendment to allow any additional uses. The intent of the change in zoning from Industrial to Greenlands A, as well as the designation of Greenlands A within the Town s Official Plan, was to ensure the protection of Sixteen Mile Creek, as well as its associated floodplain from future development and encroachment which could be harmful to the feature. At the time of the Town-initiated Zoning Amendment, the subject lands had been developed and there have been no external changes to the site in the interim. The Owner is currently requesting that additional uses be permitted within the existing building and is proposing no external works. In the future, should external works be proposed, the Owner would be required to receive Site Plan Approval, as well as permission from Conservation Halton for works within a regulated floodplain. As the proposal will not impact the channel or the floodplain since no works are being proposed, Planning Staff is of the opinion that the intent of both the Official Plan and the Zoning By-law are maintained. Surrounding land uses of those properties outside of the floodplain area of Sixteen Mile Creek include Commercial and Industrial uses. It is the opinion of Planning Staff that the proposed uses are appropriate and desirable for the subject and surrounding lands as any impact will be minimal and the use will be compatible with neighbouring land uses in the area. Conservation Halton has indicated that they have no objection to the current application with the exclusion of identified and specific uses normally permitted within a Business Park (M1) zone which could potentially lead to loss of life and property due to flooding: Zoning By-law , as amended

16 MINUTES - Milton Committee of Adjustment and Consent Page 16 of 25 o Day nursery o Dry cleaning depot o Dry cleaning establishment o Funeral home o Hotel o Medical clinic Zoning By-law o Convention Centre o Day nursery o Dry cleaning depot o Dry cleaning establishment o Food bank o Funeral home o Hotel o Medical Clinic The Business Park (M1) zone permits a motor vehicle rental agency. Conservation Halton has indicated some concern with the storage of motor vehicles associated with the rental agency within the regulated floodplain. The applicant has indicated an intention to locate a motor vehicle rental agency within a unit within the Steeles Avenue building and locate the parking to the northwest of the building. Following a site visit, Conservation Halton Staff has indicated that they would support the motor vehicle rental agency use on the subject property, subject to the following condition: That the motor vehicle rental agency parking area associated with the use be located in the parking area identified by Town of Milton staff (by way of a map/schedule to the Decision) and specifically a minimum of three metres from the property line to ensure the motor vehicles are not parked in areas of the subject property that are susceptible to flooding greater than 0.4 metres in depth. Town Planning Staff and the agent are in agreement with this condition. Furthermore, any future motor vehicle rental agency would be subject to review of Town Planning Staff as well as Conservation Halton Staff with regard to the provision of parking. In summary, Planning Staff has no objection to the approval of the requested variance, subject to the certain conditions and for the following reasons: o The proposal is required to accommodate tenancy within an existing building and no external works are proposed. o The intents of the Official Plan and the Zoning By-law, to protect the channel and floodplain of Sixteen Mile Creek, are maintained. o In allowing Business Park (M1) uses, in addition to the uses permitted in the GA zone, the Committee will be allowing the subject lands the similar uses as those permitted in the surrounding area. No future additions to the existing building will be permitted without further approvals, and any external works will require Site Plan Approval and Conservation Halton approval. Furthermore, the Owner will need to demonstrate that adequate parking can be accommodated prior to any/all proposed uses gaining tenancy. In conclusion, Planning Staff is of the opinion that the requested variance is minor in nature, conforms to the general policies and intent of both the

17 MINUTES - Milton Committee of Adjustment and Consent Page 17 of 25 Official Plan and Zoning By-law, and is appropriate for the development and use of the land. MOVED BY: SECONDED BY: VANDERZAND PRICE THAT Minor Variance Application D13 (A1-14/025/M New Drawing Ontario Limited) to the Milton Committee of Adjustment and Consent requesting permission to allow the following: COMPREHENSIVE ZONING BY-LAW , AS AMENDED Section(s) of By-law By-law Requirements Proposal (including difference, 1 Section 11.1 Table 11A The By-law permits a conservation use and existing uses only. and/or where applicable) Requesting permission to allow the uses that are permitted in the adjacent M1 zone on the same lot. COMPREHENSIVE ZONING BY-LAW Section(s) of By-law By-law Requirements 1 Section 11.1 Table11A The By-law permits a conservation use, home occupation, forestry use and existing uses only. Proposal (including difference, where applicable) Requesting permission to allow the uses that are permitted in the adjacent M1 zone on the same lot. to increase the overall scope of uses that could be permitted as shown on Schedule 2 (attached) on merged properties, as follows: Steeles Avenue East at Part Lot 1, Concession 3 (ESQ), Part 2, 20R-1190; and 274 Alliance Road at Part Lot 1, Concession 3 (ESQ), Parts 9-13, 20R-639; and 312 Alliance Road at Part Lot 1, Concession 3 (ESQ), Part 1, 20R-1190, in the Town of Milton, Regional Municipality of Halton BE APPROVED WITH THE FOLLOWING CONDITIONS: 1. That no additions or extension to the existing buildings are permitted; 2. That in addition to the uses permitted in the Greenlands A zone (Zoning Bylaw , as amended) and Natural Heritage System (Zoning By-law ), the following uses are permitted: Zoning By-law , as amended: Commercial school Skill Commercial school Trade/Profession Convenience store (permitted only in the first storey of an office building or as an accessory use to a fitness centre or recreation and athletic facility)

18 MINUTES - Milton Committee of Adjustment and Consent Page 18 of 25 Fitness Centre Industrial Use (only industrial uses within a wholly enclosed building are permitted; no outdoor storage is permitted; up to a maximum of 5% of the gross floor area of the principal use or metre squared, whichever is less, may be used for the retail sale of goods or products produced on the premises). Motor vehicle rental agency Office building Office use Place of assembly Place of entertainment Place of worship Recreation and athletic facility Research and Technology Use Restaurant (permitted only in the first storey of an office building or as an accessory use to a fitness centre or recreation and athletic facility) U-brew Establishment Veterinary Clinic Small Animal Veterinary Clinic Large Animal Veterinary Hospital Small Animal Warehouse/distribution centre Wholesale Operation (up to a maximum of 5% of the gross floor area of the principal use or metre squared, whichever is less, may be used for the retail sale of goods or products produced on the premises). Zoning By-law : Animal-training facility (only permitted within a wholly enclosed, one-storey, free standing or multi-unit building, but shall not be permitted in an office building. No outdoor training facilities are permitted.) Commercial school Skill Commercial school Trade/Profession Convenience store (permitted only in the first storey of an office building or as an accessory use to a fitness centre or recreation and athletic facility) Fitness centre Industrial Use (only industrial uses within a wholly enclosed building are permitted; no outdoor storage is permitted; up to a maximum of 5% of the gross floor area of the principal use or metre squared, whichever is less, may be used for the retail sale of goods or products produced on the premises). Motor vehicle rental agency Office building Office use Place of assembly Place of entertainment Place of worship Recreation and athletic facility Research and Technology Use

19 MINUTES - Milton Committee of Adjustment and Consent Page 19 of 25 Restaurant (permitted only in the first storey of an office building or as an accessory use to a fitness centre or recreation and athletic facility) U-brew Establishment Veterinary Clinic Small Animal Veterinary Clinic Large Animal Uses permitted under Zoning By-law Veterinary Hospital Small Animal Warehouse/distribution centre Wholesale Operation (up to a maximum of 5% of the gross floor area of the principal use or metre squared, whichever is less, may be used for the retail sale of goods or products produced on the premises). 3. Prior to the above uses being permitted on site, the Owner must demonstrate that adequate parking is provided on-site. 4. That the motor vehicle rental agency parking area associated with the use be located in the parking area identified by Town of Milton Staff (attached as Schedule 2 ) and specifically a minimum of three metres from the property line to ensure the motor vehicles are not parked in areas of the subject property that are susceptible to flooding greater than 0.4 metres in depth. 5. That the approval be subject of an expiry of two years from the date of decision if the conditions are not met, if the proposed development does not proceed and/or a building permit is not secured. End of Conditions NOTES: 1. Development Charges are applicable to all future development. They will be payable prior to Building Permit issuance, at the non-residential rate in effect at that time, in accordance with Town, Region and School Boards By-laws. Development Charges inquiries, if any, should be forwarded to C. Boyle, Town Development Administrator at 905/ , Ext Town Plans Examination Staff has advised as follows: (i) Where building/tenants change from mercantile to industrial or vice versa, a Change of Use Building Permit is required from the Town of Milton prior to work commencing or occupancy where no work is proposed. [OBC C ) (ii) Fire access routes need to be defined and signs posted accordingly on the property as well as sources of fire fighting water (on site and street fire hydrants) and distance to principle entrances to each tenant space. End of Notes Motion Carried Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered.

20 MINUTES - Milton Committee of Adjustment and Consent Page 20 of MINOR VARIANCE APPLICATION D13 (A1-14/016/M REVISED) CTD REALTY INC./PASQUALINO S MAIN STREET EAST Town of Milton, Regional Municipality of Halton Note: This application was previously deferred to allow additional consultation/ review with Conservation Halton and the Town. Issues have now been resolved such that the applicant is able to proceed. Agent: Present: Domenic Pasqualino, Owner/Agent Domenic Pasqualino, Owner/Agent Sworn in. The following minor variance application was reviewed within the context of Section 45(1) of the Planning Act. Insofar as the zoning context is concerned, Council passed the new Town of Milton Comprehensive Zoning By-law (applicable to the Town s Urban Area only) on February 24, Eight appeals were filed against the new Comprehensive Zoning By-law. The appeal letters, along with the required information, have been forwarded to the Ontario Municipal Board (OMB) in accordance with the requirements of the Planning Act. While the appeals are being reviewed by the OMB, Town Zoning Staff will be applying the most restrictive provisions of both Comprehensive Zoning By-law , as amended, and Comprehensive Zoning By-law until all appeals are disposed of by the Ontario Municipal Board. It was noted for the record that, other than the applicant/agent, there were no persons present having indicated an interest in this application. Applicant/Agent Overview: Mr. Pasqualino explained that he and his wife have owned the subject property for 12 years. They are looking forward to expanding their existing restaurant into adjoining space which they also own (and previously occupied by Bauhound Haus). They are requesting variances which would allow a small addition (approx. 40 square metres) to their restaurant (to accommodate a dishwashing area and refrigerated garbage room). The additional space is not intended to increase the patron occupancy of the restaurant but to provide a more comfortable and safer receiving area. It will also mean that the garbage bin at the Mary Street roadside can be removed a welcome visual improvement to the streetscape. Overall, the addition/change will allow safer/more effective running of the restaurant. Mr. Pasqualino indicated that he had been coordinating both with the Town and Conservation Halton and that both agencies are now satisfied. Public Deputations: None Committee Questions/Deliberations: Committee Member Belford commented that the proposed garbage room

21 MINUTES - Milton Committee of Adjustment and Consent Page 21 of 25 appears to be located on the western limit of the property line abutting the neighbouring lands and registered concern about future maintenance. In response, Town Planner Aaron Raymond indicated that Mr. Pasqualino could get permission from the adjacent landowner, if needed. He also noted that an easement would be an alternative; however, that requirement was deemed to be excessive by Town Staff if permission can be otherwise obtained. He noted that maintenance could be tricky but was expected to be manageable. Aaron Raymond advised Committee Member Robinson that site plan approval would not be required since no extra traffic was expected to be generated. No agencies had concerns or felt that site plan review could address anything over and above the minor variance process. Mr. Pasqualino responded to Committee Member Price, advising that garbage would be transferred from indoors to the freezer room. A truck will subsequently come to the property (early in the day) and refuse will be removed by hand; this practice will be supplemented by Regional pick-up. Mr. Pasqualino advised that they wanted to improve the appearance of their property and do their part to improve the look of the parking area. Others currently leave garbage in the restaurant s bin and they want to put a stop to this practice. Committee Vice-Chair Vanderzand commended the Pasqualino s, commenting that it is always good to see a downtown business expand and operators who take pride in the appearance of their property. MOTION TO APPROVE Following discussions and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. Consideration from Planning Report The applicant wishes to expand an existing restaurant at 248 Main Street East into an adjacent unit within the same building, known municipally as 246 Main Street East and also to permit the construction of a square metre addition.

22 MINUTES - Milton Committee of Adjustment and Consent Page 22 of 25 While the expansion of the restaurant into the adjacent unit is permitted by the Zoning By-law and would not itself trigger any additional zoning requirements, the proposed addition and accessory structure encroaches into the existing parking area and triggers deficiencies as they relate to the parking provisions, building height and building articulation. With regard to the requested variances to reduce the required parking, the addition triggers a requirement for one (1) additional parking space and one (1) accessible parking space. The proposed addition and accessory structure is to accommodate a dish pit and a garbage room/wood storage and does not represent additional restaurant area accessible by the public and would not increase additional customers. The proposed addition does not reduce the number of parking spaces currently provided on site as the parking space lost to the addition is added where the current garbage bin is located. It should be noted that there is also a large municipal parking lot located in close proximity to the subject lands. The applicant is also requesting zoning relief with respect to interior side yard setbacks for the addition and the waste storage structure. The applicant is intending to construct the addition and have the detached structure located in line with the existing building for aesthetic design, as well as to minimize any loss of parking. Planning Staff is in support of this request. With respect to the other requested parking variances, these reflect recognition of existing conditions (aisle width, setback of parking area to building) and Staff has no concerns. The applicant is also seeking zoning relief which requires 40% openings on the ground floor. The intent of this provision is to ensure a minimum amount of articulation along Main Street East. The proposed addition is to the rear of the building and, in the opinion of Planning Staff; increased openings would be of no benefit. Furthermore, under Zoning By-law , this requirement has been removed. Finally, the Zoning By-law contains a requirement for a minimum building height of 3 storeys and the applicants are requesting a reduction to one storey for the addition which is in keeping with the current building height. Planning Staff has no concerns with the requested variance. The Applicant has been working with Conservation Halton to meet their development policies and has submitted a Conservation Halton Development Permit application which is currently under review. Should the minor variance application receive approval, the development will still be subject to the policies of Conservation Halton and their respective permit system. A building permit from the Town cannot be issued until a Development Permit from the Conservation authority has been issued. MOVED BY: SECONDED BY: PRICE BELFORD THAT Minor Variance Application D13 (A1-14/016/M REVISED - CTD REALTY INC./PASQUALINO S) to the Milton Committee of Adjustment and Consent requesting permission, as follows: