Committee of Adjustment Agenda

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1 Committee of Adjustment Agenda Hearing Date: May 25, 2017 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Call to Order Disclosure of Pecuniary Interest Requests for Adjournment /Withdrawals from May 25, 2017 Agenda New Applications Item A: Consent Application B051/16 (9623 Bathurst Street) To sever a parcel of land for residential purposes, to accommodate the conveyance of a semi-detached dwelling, approximately 9.12 metres (29.92 feet) by irregular, approximately square metres (3, square feet) and retain a parcel of land approximately metres (33.98 feet) by irregular, approximately square metres (3, square feet). The severed and retained land will have frontage on Pemberton Road Item B: Consent Application B018/17 (65A, 65, 63 & 69 Puccini Drive, 6 Toscanini Road, 600, 630, 662 & 690 King Road, Bathurst Street (Rear Part) & 734 Bathurst Street & Plan M807, Part Block A Part Lot 16, 6R31078 Parts 1-3) To sever a parcel of land for residential purposes, approximately 6.80 metres (22.30 feet) by metres ( feet) approximately square meters (2, square feet) as a lot addition to be merged on title with the property to the west (municipally known as 67 Puccini Drive) and retain a parcel of land approximately metres ( feet) by irregular, approximately 87,000 square metres (936, square feet). The retained land has frontage on Puccini Drive and Toccanini Road and is currently vacant. C: Consent Application B019/17 (67 Puccini Drive) To sever a parcel of land for residential purposes, approximately metres (51.18 feet) by irregular, approximately square metres (6, square feet) and retain a parcel of land approximately metres (51.27 feet) by irregular, approximately square metres (19, square feet). The severed and retained land will have frontage onto Puccini Drive and is currently vacant. Items B & C will be dealt with concurrently. Committee of Adjustment - May 25, 2017 Page 1

2 Item D: Consent Application B020/17 (71 Harding Boulevard) To sever a parcel of land for residential purposes, approximately metres (44.00 feet) by metres ( feet), approximately square metres (6, square feet) and retain a parcel of land approximately metres (44.00 feet) by metres ( feet), approximately square metres (6, square feet). The severed and retained lands will have frontage onto Harding Boulevard and the existing single family dwelling is to be demolished. Item E: Minor Variance Application A028/17 (71 Harding Boulevard) To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum lot frontage on the severed land from metres (50.00 feet) to metres (44.00 feet) to facilitate Consent Application B020/17. Relief is also being sought to permit increased maximum lot coverage from 30.00% to 32.28%, increased maximum gross floor area from square metres (2, square feet) to square metres (4, square feet), increased maximum building height from 8.50 metres (27.89 feet) to metres (35.03 feet), a reduced minimum interior side yard setback (east) from 2.72 metres (8.92 feet) to 1.21 metres (3.96 feet), and a reduced minimum side yard setback (west) from 2.72 metres (8.92 feet) to 1.22 metres (4.00 feet) to accommodate the construction of a proposed single family dwelling on the severed land (related Consent Application B020/17) Item F: Minor Application A029/17 (71 Harding Boulevard) To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum lot frontage on the retained land from metres (50.00 feet) to metres (44.00 feet) to facilitate consent application B020/17. Relief is also being sought to permit increased maximum lot coverage from 30.00% to 32.28%, increased maximum gross floor area from square metres (2, square feet) to square metres ( square feet), increased maximum building height from 8.50 metres (27.89 feet) to metres (35.23 feet), a reduced minimum interior side yard setback (east) from 2.72 metres (8.92 feet) to 1.22 metres (3.00 feet), and a reduced minimum interior side yard setback (west) from 2.72 metres (8.92 feet) to 1.21 metres (3.96 feet) to accommodate the construction of a proposed single family dwelling on the retained land (related Consent Application B020/17) Items E, F & G will be dealt with concurrently Item G: Minor Variance Application A046/17 (410 Fernleigh Circle North) To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced interior side yard setback (east) from 1.83 metres (6.00 feet) to 1.52 metres (4.98 feet) a reduced interior side yard setback (west) from 1.83 metres (6.00 feet) to 0.91 metres (2.98 feet), increased maximum lot coverage from 30.00% to 37.00%, increased maximum encroachment into the front yard (porch) from 2.44 metres (8.00 feet) to 5.30 metres (17.38 feet) and increased maximum window bay encroachment (width bay width) from 3.04 metres (10.00 feet) to 4.06 metres (13.32 feet) to accommodate the construction of a proposed single family dwelling. Committee of Adjustment - May 25, 2017 Page 2

3 Item H: Minor Variance Application A047/17 (91 Mayvern Crescent) To provide relief from the provisions of By-law 3-74, as amended, to permit reduced minimum interior side yard setbacks (east and west) from 1.83 metres (6.00 feet) to 1.51 metres (4.95 feet), increased maximum lot coverage from 30.00% to 35.90% and a reduced minimum front yard setback (from established building line) from metres (34.25 feet) to 7.72 metres (25.32 feet) to accommodate the construction of a proposed single family dwelling. Item I: Minor Variance Application A048/17 (16 Sanderson Crescent) To provide relief from the provisions of By-law 3-74, as amended, to permit reduced interior side yard setbacks (east and west) from 1.83 metres (6.00 feet) to 1.51 metres (4.95 feet), a reduced minimum front yard setback (from established building line) from 8.70 metres (28.54 feet) to 6.10 metres (20.01 feet), a reduced minimum rear yard setback from metres (35.00 feet) to 8.38 metres (27.49 feet) and increased maximum lot coverage from 30.00% to 35.10% to accommodate the construction of a proposed single family dwelling. Item J: Minor Variance Application A050/17 (9781 Bayview Avenue) To provide relief from the provisions of By-law 72-15, as amended, to vary the definition of a "Street" to permit Parcel A (Parts 1-7 on Plan 65R-36997), Parcel B (Parts 8-14 on Plan 65R-36997) and Parcel C (Parts on Plan 65R-36997) to include the private lane as part of the street (for the purpose of providing frontage) shown as Dolan Lane and Divon Lane Plan 65R Relief is also being sought from the provisions of By-law 88-86, as amended, to permit reduced lot area and reduced lot frontage as follows for Parcel A, B and C to accommodate the proposed residential development: Parcel A: To permit a reduced minimum lot area from 1, m 2 (11, ft 2 ) to m 2 (1, ft 2 ) and reduced minimum lot frontage from metres (72.17 feet) to 7.12 metres (23.35 feet). Parcel B: To permit reduced minimum lot area from 11, m 2 (12, ft 2 ) to m 2 (1, ft 2 ) and reduced minimum lot frontage from metres (72.17 feet) to 7.12 metres (23.35 feet). Parcel C: To permit reduced minimum lot area from 1, m 2 (17, ft 2 ) to m 2 (2, ft 2 ) and reduced minimum lot frontage from metres ( feet) to 7.32 metres (24.01 feet). Committee of Adjustment - May 25, 2017 Page 3

4 Item K: Minor Variance Application A051/17 (397 Paliser Crescent South) To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum interior side yard setbacks (east and west) from 2.11 metres (6.92 feet) to 1.22 metres (4.00 feet), increased maximum gross floor area from square metres ( square feet) to square metres (3, square feet) and increased maximum lot coverage (dwelling) from 30.00% to 38.40% to accommodate the construction of a proposed single family dwelling. Relief is also being sought to permit an accessory use (existing accessory structure) without a main primary use (dwelling) in addition relief is required to recognize the existing (deficient) accessory structure building height coverage from 3.60 metres (11.81 feet) to 4.20 metres (13.77 feet), lot coverage from 5.00% to 5.35% and side yard setback (west) from 0.60 metres (1.96 feet) to 0.00 metres. Other Business B048/14 (66 North Lake Road) Refund Request Approval of Minutes: May 4, 2017 Meeting Motion to Adjourn Committee of Adjustment - May 25, 2017 Page 4

5 Committee of Adjustment Staff Report Agenda Item: A Hearing Date: May 25, 2017 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Application Information: Consent Application B051/16 Related Applications: N/A Subject Land: 9623 Bathurst Street Name of Owner: Ontario Inc. Name of Agent: M. Behar Planning & Design Inc. The Request: To sever a parcel of land for residential purposes, to accommodate the conveyance of a semi-detached dwelling, approximately 9.12 metres (29.92 feet) by irregular, approximately square metres (3, square feet) and retain a parcel of land approximately metres (33.98 feet) by irregular, approximately square metres (3, square feet). The severed and retained land will have frontage on Pemberton Road. Present Designation: Official Plan: Zoning Classification: Zoning By-law: Zoning Provisions: Minimum Lot Frontage (Corner): Minimum Lot Frontage (Interior): Minimum Lot Area (Corner/Interior): Minimum Front Yard Setback: Minimum Interior Side Yard Setback: Minimum Exterior Side Yard Setback: Minimum Rear Yard Setback: Neighbourhood R2 By-law No. 2523, as amended BY By-law No metres (33.9 feet) 9.0 metres (29.86 feet) 350 square metres ( square feet) 7.62 metres (25 feet) 1.52 metres (5 feet) 3 metres (9.84 feet) 7.62 metres (25 feet) Maximum Lot Coverage: 32% Semi-Detached Dwelling: Where dwelling units in a semi-detached dwelling are constructed on separate lots, no side yard shall be required where a dwelling unit has a common wall with an adjacent unit. Committee of Adjustment - May 25, 2017 Page 5

6 Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: On April 11, 2016 Council approved Staff Report SRPRS which recommended the approval of Zoning By-law Amendment application No. D to permit the development of the subject lands for two (2) semi-detached dwellings. Subsequently, on April 25, 2016, Council adopted Zoning By-law No which permitted a semi-detached dwelling as an additional permitted use and established site specific development standards to facilitate the construction of a semi-detached dwelling on the subject lands. Adjacent Land Conditions: North: Pemberton Road South: future common element condominium townhouse development East: existing residential West: Bathurst Street Committee of Adjustment: Consent Application B051/16 was adjourned from the February 9, 2017 Committee of Adjustment meeting. No discussion took place on the application therefore no members are seized. This application was circulated to the commenting departments and agencies on May 1, Public notice was mailed on May 11, The applicant confirmed posting of public notice sign in accordance with the Planning Act on May 9, Previous and/or Concurrent applications on the subject lands: B273/82 New Lot; Approved B075/89 New Lot; Approved A045/82 Area; Denied A046/82 Area; Denied B051/97 New Lot; Approved A024/05 Flankage; Approved A116/14 Area, Frontage, Flankage; Approved B026/16 Easement; Approved (Conditions must be satisfied) A049/17 Withdrawn Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Committee of Adjustment - May 25, 2017 Page 6

7 Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law. Planning: Comments to follow Development Engineering: The Development Engineering Section has reviewed the subject application and based the materials submitted and our findings we have no concerns or objections, at this time. Parks & Natural Heritage: The property is subject to Tree Preservation By-law No Permits are required prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition of any tree removal permit. Please ensure the retained trees are protected during construction in accordance with Town standards. Parks staff will continue to work with the applicant via the concurrent planning applications. By-law Enforcement: No response. Heritage: Corporate & Financial Services: 1. Payment of all outstanding taxes to date of consent. 2. Development charges and Cash in Lieu of Parkland payments were collected prior to building permit issuance (R#152121) Powerstream / Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No response. York Region Transportation & Community Planning Department: Comments to follow Toronto & Region Conservation Authority: No objection. CN Rail: Committee of Adjustment - May 25, 2017 Page 7

8 TransCanada Pipeline: Abutting Municipality: City of Vaughan No comment. Ministry of Transportation: Outside of MTO Permit Control Area. Infrastructure Ontario: Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended: Reference # Department / Agency Contact: 1. Finance: Anna Romano Committee of Adjustment: Committee of Adjustment: Condition: Payment of all current and outstanding taxes to date of consent. That the applicant provides the secretary-treasurer with the legal description of the severed land in the form of a letter or draft transfer prepared by the applicant s solicitor. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms substantially with the application as submitted. Reasons for approval: 1. The proposal conforms to Section 51(24) as required of the Planning Act. 2. The proposal conforms to the Town of Richmond Hill Official Plan. 3. The proposal conforms to the Provincial Policy Statements as required by Section 3(1) of the Planning Act. Questions regarding this Staff Report can be directed to: Town of Richmond Hill Committee of Adjustment 225 East Beaver Creek Road, 4 th Floor Richmond Hill, ON L4B 3P4 committeeofadjustment@richmondhill.ca Telephone: If you wish to obtain a copy of the Committee s Decision with respect to this application you must make a written request and provide your full name and mailing address to Committee of Adjustment staff. Committee of Adjustment - May 25, 2017 Page 8

9 Committee of Adjustment Staff Report Agenda Item: B Hearing Date: May 25, 2017 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Application Information: Consent Application B018/17 Related Applications: B019/17 Subject Land: 65A, 65, 63 & 69 Puccini Drive, 6 Toscanini Road, 600, 630, 662 & 690 King Road, Bathurst Street (Rear Part) & 734 Bathurst Street & Plan M807, Part Block A Part Lot 16, 6R31078 Parts 1-3) Name of Owner: King South Developments Inc. Name of Agent: Murray Evans of Evans Planning Inc. The Request: To sever a parcel of land for residential purposes, approximately 6.80 metres (22.30 ft) by metres ( ft) approximately square meters (2, square feet) as a lot addition to be merged on title with the property to the west (municipally known as 67 Puccini Drive) and retain a parcel of land approximately metres by irregular, approximately 87,000 square metres (936, square feet). The retained land has frontage on Puccini Drive and Toccanini Road and is currently vacant. Present Designation: Official Plan Designation: Neighbourhood Zoning Classification: Single Detached Six (R6) Zone Zoning By-law No.: , as amended Zoning Provisions: Minimum Lot Area (Interior Lot) Minimum Lot Frontage (Interior Lot) 500 square metres ( square feet) metres (49.21 feet) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Committee of Adjustment - May 25, 2017 Page 9

10 Site Conditions: The subject lands form part of a draft approved Plan of Subdivision. The proposed portion of land to be severed has frontage onto Puccini Drive. To the east and south are planned residential uses and to the west are the lands proposed to be merged with the severed lands. Committee of Adjustment: This application was circulated to the commenting departments and agencies on May 1, Public notice was mailed on May 11, The applicant confirmed posting of public notice sign in accordance with Planning Act on May 9, Previous and/or Concurrent applications on the subject lands: D Subdivision D Zoning By-law Amendment Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law. Planning: Consent application B018/17 seeks approval for a lot addition to merge with the abutting lands to the west. Staff has reviewed the application and note that the proposed severance will not create any zoning deficiencies as it pertains to minimum lot area and frontage. Based on the aforementioned, Planning staff is satisfied that the proposed consent complies with the criteria listed under subsection 51(24) of the Planning Act; therefore, recommends approval of Consent application B018/17. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: The Development Engineering Section has reviewed the subject application and based the materials submitted and our findings we have no concerns or objections, at this time. Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and revision (if required) as part of the Building Permit Application process, and adherence to the Town s Lot grading standards. Committee of Adjustment - May 25, 2017 Page 10

11 Merge Clause The Development Engineering Division has reviewed the above noted application and has no objections provided that the severed parcel merges on title with the property to the west municipally known as 67 Puccini Drive. Parks & Natural Heritage: The property is subject to Tree Preservation By-law No Permits are required prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition of any tree removal permit. Ensure the retained trees are protected during construction in accordance with Town standards. Parks staff will continue to work with the applicant via the concurrent planning applications. By-law Enforcement: No response. Heritage: Corporate & Financial Services: 1. Payment of all current and outstanding taxes to date of consent. 2. Other Comments: Lot addition Powerstream / Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No response. York Region Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: TRCA staff has no objection to the above noted application as currently submitted, subject to the following condition: 1. The applicant remits the outstanding TRCA Planning Services review fee of $ *TRCA comments have been attached. CN Rail: TransCanada Pipeline: Committee of Adjustment - May 25, 2017 Page 11

12 Abutting Municipality: City of Vaughn No comments. Ministry of Transportation: Outside of MTO Permit Area Infrastructure Ontario: Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended: Reference # Department / Agency Contact: 1. Finance: Anna Romano TRCA Nick Cascone ext Committee of Adjustment: Committee of Adjustment: Committee of Adjustment: Condition: Payment of all current and outstanding taxes to date of consent. That the applicant remits the outstanding TRCA Planning Services review fee of $ That the severed parcel be merged on title with the abutting land to the west municipally known as 67 Puccini Drive and the applicant s solicitor provide an undertaking in writing that this condition will be fulfilled.(subsection 50 (3 or 5) of the Planning Act, R.S.O. 1990, as amended, applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent.) That the applicant provides the secretary-treasurer with the legal description of the severed land in the form of a letter or draft transfer prepared by the applicant s solicitor. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms substantially with the application as submitted. Reasons for approval: 1. The proposal conforms to Section 51(24) as required of the Planning Act. 2. The proposal conforms to the Town of Richmond Hill Official Plan. 3. The proposal conforms to the Provincial Policy Statements as required by Section 3(1) of the Planning Act. Questions regarding this Staff Report can be directed to: Town of Richmond Hill Committee of Adjustment 225 East Beaver Creek Road, 4 th Floor Richmond Hill, ON L4B 3P4 committeeofadjustment@richmondhill.ca Telephone: Committee of Adjustment - May 25, 2017 Page 12

13 If you wish to obtain a copy of the Committee s Decision with respect to this application you must make a written request and provide your full name and mailing address to Committee of Adjustment staff. Committee of Adjustment - May 25, 2017 Page 13

14 Committee of Adjustment Staff Report Agenda Item: C Hearing Date: May 25, 2017 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Application Information: Consent Application B019/17 Related Applications: B018/17 Subject Land: 67 Puccini Drive Name of Owner: King South Developments 65A Inc. Name of Agent: Murray Evans of Evans Planning Inc. The Request: To sever a parcel of land for residential purposes, approximately metres (51.18 feet) by irregular, approximately square metres (6, square feet) and retain a parcel of land approximately metres (51.27 feet) by irregular, approximately square metres (19, square feet). The severed and retained land will have frontage onto Puccini Drive and are currently vacant. Present Designation: Official Plan Designation: Neighbourhood Zoning Classification: Single Detached Six (R6) Zone Zoning By-law No.: , as amended Zoning Provisions: By-Law: , as amended R6 Standards Proposed Minimum Lot Area 500 square metres 599 square metres (Interior Lot) ( square feet) ( square feet) Minimum Lot Frontage 15.0 metres 15.6 metres (Interior Lot) (49.21 feet) (51.2 feet) Minimum Side yard 1.5 metres Complies Setback (4.92 feet) Minimum Front Yard 1.5 metres Complies Setback (4.92 feet) Minimum Rear Yard 7.5 metres Complies Setback (24.61 feet) Committee of Adjustment - May 25, 2017 Page 14

15 Max. Lot Coverage 40% Complies Maximum Height 11.0 metres Complies (36.09 feet) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the south side of Puccini Drive and east of Bathurst Street. There are currently no existing structures on the severed or retained lands. The subject lands abut Puccini Drive to the north, a future public street to the south, future residential uses to the east (draft approved Plan of Subdivision 19T(R) and future residential uses to the west (draft approved Plan of Subdivision 19(R) ). Committee of Adjustment: This application was circulated to the commenting departments and agencies on May 1, Public notice was mailed on May 11, The applicant confirmed posting of public notice sign in accordance with the Planning Act on May 9, Previous and/or Concurrent applications on the subject lands: B044/09 Lot Addition; Approved B059/09 Withdrawn; Lapsed B040/10 New Lot; Approved B023/13 Lot Addition; Approved Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law. Planning: Consent application B019/17 seeks approval for the severance of a parcel of land having an approximate lot area of 599 square metres (6, square feet). The lands fronting onto Puccini Drive in the R6 Zone will facilitate the creation of one additional single detached lot combined with the adjacent land to the east. This future lot has been deemed as a lot within Zoning By-law 5-17 which was passed by Council on May 11, 2017 (Town File No. D ). The applicant has deposited Committee of Adjustment - May 25, 2017 Page 15

16 a Reference Plan to describe the lands. The legal description has been incorporated into the approved Zoning By-law as the lands described as Part of Lots 11 and 12 Plan M-807, designated as parts 1 to 6 on PLAN 65R-36879, municipally known as 67 Puccini Drive and a portion of 65A Puccini Drive. The Consent application would facilitate the creation of four additional low density lots that continues the pattern of development that has commenced in this area and conforms to the Council approved infill study for this area (the Puccini Drive Infill Study). The proposed severance is considered appropriate as it will not create any zoning deficiencies as a result of the consent, is consistent with the existing and new development patterns in the surrounding area; and does not preclude the development of surrounding lands. Based on the aforementioned, Planning staff are satisfied that the proposed consent complies with the criteria listed under subsection 51(24) of the Planning Act; therefore, recommends approval of Consent application B019/17. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: The Development Engineering Section has reviewed the subject application and based the materials submitted and our findings we have no concerns or objections, at this time. Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and revision (if required) as part of the Building Permit Application process, and adherence to the Town s Lot grading standards. Grading Condition That the applicant: Reference # Condition Description 1. Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands; 2. Obtain the Town's approval of the grading plan referred to in (1); 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. Committee of Adjustment - May 25, 2017 Page 16

17 Further Grading Related Information Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be directed to Mike Ayers, Development Engineering Technologist, Development Engineering Division, The Town's current fees for such services are as per the currently amended Tariff of Fees By-law Fee Description: Fee: Plan Review $ HST Agreement Preparation $ or $2, HST Registration/Admin $ Install Catchbasin $7, HST Survey Layout $ HST C.C.T.V. Scan $ HST x 2 = 1, Install 250 mm Catchbasin Lead $1, per metre + HST Install Cleanout $1, HST Decommission Catchbasin $2, HST Registered Plans That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions. Service Connection Condition That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town s fees for standard configuration of services are as follows and may change at any time without notice: Fee Description: Fee: 25 mm water service $ per metre + HST Combined 25 mm water service with $ per metre + HST storm or sanitary Disconnect Water service $ HST Water disconnect in a combined trench $ HST 125 sanitary service $1, per metre + HST 150 storm service $1, per metre (if applicable) + HST Combined storm and sanitary service $1, per metre (if applicable and if in same trench) + HST Disconnect Storm or Sanitary $4, HST each Storm or Sanitary disconnect in a $1, HST each combined trench C.C.T.V. scan $ HST Arrangements and payment for service connections can be made through Mr. Mario DiSalvo Maintenance & Operations Division, Community Services Department, (905) Committee of Adjustment - May 25, 2017 Page 17

18 Parks & Natural Heritage: The property is subject to Tree Preservation By-law No Permits are required prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition of any tree removal permit. Ensure the retained trees are protected during construction in accordance with Town standards. Parks staff will continue to work with the applicant via the concurrent planning applications. By-law Enforcement: No response. Heritage: Corporate & Financial Services: 1. No parkland or Cash-in-lieu is required as a condition of consent. However the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the foregoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement, he or she may voluntarily pay an Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the Finance Department. 2. Payment of all current and outstanding taxes to date of consent. 3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit issuance. Water meter and tree charges are also applicable at that time. 4. The applicant/owner must enter into agreement providing for payment of Area Specific Development Charges at the time of the execution of the Agreement. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No response. York Region Transportation & Community Planning Department: No objection Committee of Adjustment - May 25, 2017 Page 18

19 Toronto & Region Conservation Authority: TRCA staff has no objection to the above noted application as currently submitted, subject to the following condition: 1. The applicant remits the outstanding TRCA Planning Services review fee of $ *TRCA comments have been attached. CN Rail: TransCanada Pipeline: Abutting Municipality Not circulated Ministry of Transportation: Outside of MTO Permit Area. Infrastructure Ontario: City of Vaughan: No comments. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended: Committee of Adjustment - May 25, 2017 Page 19

20 Reference # Department / Agency Contact: 1. Development Engineering: Michael Ayers Development Engineering: Michael Ayers Development Engineering: Mario Di Salvo Condition: 1. Submit to the Town s Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands; 2. Obtain the Town s approval of the grading plan referred to in (1); 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town s fees for standard configuration of services are as follows and may change at any time without notice: Committee of Adjustment - May 25, 2017 Page 20

21 4. Finance: Anna Romano No parkland or Cash-in-lieu is required as a condition of consent. However the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the foregoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement, he or she may voluntarily pay an Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the Finance Department. 5. Finance: Anna Romano Finance: Anna Romano TRCA Nick Cascone ext Committee of Adjustment: Committee of Adjustment: Committee of Adjustment: Payment of all current and outstanding taxes to date of consent. The applicant/owner must enter into agreement providing for payment of Area Specific Development Charges at the time of the execution of the Agreement. That the applicant remits the outstanding TRCA Planning Services review fee of $ That application B018/17 receive final certification of the secretary-treasurer and be registered on title prior to completion of this application. That the applicant provides the secretary-treasurer with the legal description of the severed land in the form of a letter or draft transfer prepared by the applicant s solicitor. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms substantially with the application as submitted. Reasons for approval: 1. The proposal conforms to Section 51(24) as required of the Planning Act. 2. The proposal conforms to the Town of Richmond Hill Official Plan. 3. The proposal conforms to the Provincial Policy Statements as required by Section 3(1) of the Planning Act. Committee of Adjustment - May 25, 2017 Page 21

22 Questions regarding this Staff Report can be directed to: Town of Richmond Hill Committee of Adjustment 225 East Beaver Creek Road, 4 th Floor Richmond Hill, ON L4B 3P4 committeeofadjustment@richmondhill.ca Telephone: If you wish to obtain a copy of the Committee s Decision with respect to this application you must make a written request and provide your full name and mailing address to Committee of Adjustment staff. Committee of Adjustment - May 25, 2017 Page 22

23 Committee of Adjustment Staff Report Agenda Item: D Hearing Date: May 25, 2017 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Application Information: Consent Application B020/17 Related Applications: A028/17 & A029/17 Subject Land: 71 Harding Boulevard Name of Owner: Mostafa Molla-Bagheri Name of Agent: Morteza Molla-Bagheri The Request: To sever a parcel of land for residential purposes, approximately metres (44.00 feet) by metres ( feet), approximately square metres (6, square feet) and retain a parcel of land approximately metres (44.00 feet) by metres ( feet), approximately square metres (6, square feet). The severed and retained lands will have frontage onto Harding Boulevard and the existing single family dwelling is to be demolished. Present Designation: Official Plan: Neighbourhood Zoning Classification: Residential Second Density (R2) Zone Zoning By-law: By-law No , as amended Zoning Provisions: Minimum Lot Frontage: metres (50.0 feet) Minimum Lot Area: square metres (5,000.0 square feet) Minimum Front Yard Setback: Established Building Line Minimum Interior Side Yard Setback: 2.11 metres (6.92 feet) Minimum Rear Yard Setback: 7.62 metres (25.0 feet) Maximum Lot Coverage: 30% Maximum Gross Floor Area: Calculated as per Net Lot Frontage Maximum Building Height: 8.50 metres (27.89 feet) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Committee of Adjustment - May 25, 2017 Page 23

24 Site Conditions: The subject lands are located on the north side of Harding Boulevard, east of Yonge Street, south of Major Mackenzie Drive. The lands currently support a 1.5 storey single detached dwelling, which is proposed to be demolished to facilitate the severance and construction of two new single detached dwellings on the subject lands. Committee of Adjustment: This application was circulated to the commenting departments and agencies on May 1, Public notice was mailed on May 11, The applicant confirmed posting of public notice sign in accordance with the Planning Act on May 11, Previous and/or Concurrent applications on the subject lands: B001/16 New Lot Consent Lapsed A008/16 Side Yard Setbacks (east & west), maximum gross floor area, lot coverage, building height and lot frontage Approved (lapsed with B001/16) A009/16 - Side Yard Setbacks (east & west), maximum gross floor area, lot coverage, building height and lot frontage Approved (lapsed with B001/16) A028/17 Concurrent Application A029/17 Concurrent Application Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law, provided the following clause be added as a condition of consent: 1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No and that the Owner demolish all buildings and/or structures and remove all debris to the satisfaction of the Chief Building Official or; that the Owner make arrangements satisfactory to the Chief Building Official to demolish all buildings and/or structures and remove all debris to his satisfaction. Planning: The applicant is seeking approval to sever the subject lands in order to create one additional building lot for residential purposes with frontage onto Harding Boulevard. Both the severed and retained lots will measure metres (44.0 feet) by metres (141.9 feet), approximately square metres (6, square feet). The applicant previously applied for a Consent to create the same two lots through applications B001/16 and A008/16 and A009/16. On March 17, 2016, the Committee approved these applications, with standard conditions. It is Staff s understanding that the applicant was unable to meet all the Consent conditions within the specified time frame, resulting in lapsing of the Consent approval. The related Minor Variance Committee of Adjustment - May 25, 2017 Page 24

25 applications were for relief relating to the proposed lot sizes and to the proposed homes to be built on the two lots. On the basis that the current Consent application is the same as the Committee approved in 2016, the current application (B020/17) is supported. Minor Variance applications A028/17 and A029/17 are largely the same as previous applications A008/16 and A009/16. The requested relief for Minimum Lot Frontage, Maximum Lot Coverage, Maximum Gross Floor Area and Minimum Side Yards has not changed. The requested relief for Maximum Building Height has increased from that requested and approved in Specifically: Application A028/17 severed (west) lot requests a Maximum Building Height of metres (35.04 feet), whereas application A008/16, for the same lot, was approved with a Maximum Building Height of 9.99 metres (32.77 feet). The current proposed dwelling is therefore 0.69 metres (2.26 feet) higher than the previous proposed dwelling. Application A029/17 retained (east) lot requests a Maximum Building Height of metres (35.24 feet), whereas application A009/16, for the same lot, was approved with a Maximum Building Height of metres (33.0 feet). The current proposed dwelling is therefore 0.68 metres (2.23 feet) higher than the previous proposed dwelling. The requested variances for both the retained and severed parcels are considered to be appropriate. The surrounding lot fabric includes a range of lot sizes and has been subject to infill development of a similar nature. Staff therefore considers the proposal appropriate and does not foresee any negative impacts from the proposed variances in regards to lot fabric and character of the surrounding area. The proposal meets the four tests described under Section 45(1) of the Planning Act for the evaluation of minor variance proposals: the requested relief from the by-law, as proposed, is minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law and of the Town s Official Plan. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: The Development Engineering Section has reviewed the subject application and based the materials submitted and our findings we have no concerns or objections, at this time. Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and revision (if required) as part of the Building Permit Application process, and adherence to the Town s Lot grading standards. Grading Condition That the applicant: Reference # Condition Description 1. Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the Committee of Adjustment - May 25, 2017 Page 25

26 Reference # Condition Description adjoining lands; 2. Obtain the Town's approval of the grading plan referred to in (1); 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. Further Grading Related Information Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be directed to Mike Ayers, Development Engineering Technologist, Development Engineering Division, The Town's current fees for such services are as per the currently amended Tariff of Fees By-law Fee Description: Fee: Plan Review $ HST Agreement Preparation $ or $2, HST Registration/Admin $ Install Catchbasin $7, HST Survey Layout $ HST C.C.T.V. Scan $ HST x 2 = 1, Install 250 mm Catchbasin Lead $1, per metre + HST Install Cleanout $1, HST Decommission Catchbasin $2, HST Registered Plans That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions. Service Connection Condition That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town s fees for standard configuration of services are as follows and may change at any time without notice: Fee Description: Fee: 25 mm water service $ per metre + HST Committee of Adjustment - May 25, 2017 Page 26

27 Combined 25 mm water service with $ per metre + HST storm or sanitary Disconnect Water service $ HST Water disconnect in a combined trench $ HST 125 sanitary service $1, per metre + HST 150 storm service $1, per metre (if applicable) + HST Combined storm and sanitary service $1, per metre (if applicable and if in same trench) + HST Disconnect Storm or Sanitary $4, HST each Storm or Sanitary disconnect in a $1, HST each combined trench C.C.T.V. scan $ HST Arrangements and payment for service connections can be made through Mr. Mario DiSalvo Maintenance & Operations Division, Community Services Department, (905) Parks & Natural Heritage: The property is subject to Tree Preservation By-law No Cutting and injuring trees (including neighbouring and Town owned trees) greater than 20 centimetres diameter breast height requires permission (i.e. a permit) from Town staff prior to the undertaking. Retained trees should be protected in accordance with Town standards. By-law Enforcement: No response. Heritage: Corporate & Financial Services: 1. No parkland or Cash-in-lieu is required as a condition of consent. However the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the foregoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement, he or she may voluntarily pay an Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the Finance Department. 2. Payment of all current and outstanding taxes to date of consent. 3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit issuance. Water meter and tree charges are also applicable at that time. Committee of Adjustment - May 25, 2017 Page 27

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