COMMITTEE OF ADJUSTMENT AGENDA WEDNESDAY, JUNE 24, 2015, 7:00 PM

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1 ..... COMMITTEE OF ADJUSTMENT AGENDA Committee of Adjustment Agendas are subject to change without notice. The Final Agenda is available at the beginning of each meeting. WEDNESDAY, JUNE 24, 2015, 7:00 PM Town of East Gwillimbury Leslie Street Sharon, Ontario. A.. CALL TO ORDER B.. DECLARATION OF INTEREST C. ADOPTION OF MINUTES 1. To adopt the minutes of the Committee of Adjustment meeting held on Wednesday, May 27, D. CONSENT APPLICATIONS. E. MINOR VARIANCE APPLICATIONS 1. Minor Variance Application A submitted by L. and R. Chang for the property known as 119 Hillcrest Drive, Part of Lot 10, Plan 149 Roll No (Advisement: application was deferred from the May 27th hearing). 2. Minor Variance Application A submitted by J. & S. Duff for the property known as McCowan Road, Part of Lot 18, Concession 7, Part 2, Plan 65R29671, Part 1 Roll No Minor Variance Application A submitted by Sharon Mushroom Farm Ltd. for the property known as Kennedy Road, Part of Lot 23, Concession 5 Roll No F. OTHER BUSINESS 1. Possible meeting dates for the summer, (if required). Members to review personal calendars in order to identify one or two Page Page 1 of 47

2 . G. ADJOURNMENT dates that a quorum can be obtained. Page 2 of 47

3 COMMITTEE OF ADJUSTMENT MEETING MINUTES Wednesday, May 27, 2015a7:00 PM A Meeting of the Town of East Gwillimbury Committee of Adjustment was held on Wednesday, May 27, 2015, at 7:00 p.m. in the Civic Centre Council Chambers, Leslie Street, Sharon, Ontario. PRESENT: Chairperson David Smith Member Jacqueline C. Rueping Member Jennifer Smalley-Higgs Member Jane Stevenson Member Aaron Gillard Secretary-Treasurer Planner Fernando Lamanna Stacey Kursikowski OTHERS: (8) members of the public A. CALL TO ORDER D. Smith, Chairperson called the meeting to order at this time (7:00 pm) and a quorum was present. B. DECLARATION OF INTEREST J. Rueping, Member noted that she does not have a pecuniary interest in application A Hillcrest Drive, however she lives on the street and knows the applicant. She advised that there is quorum amongst the other Members and prefers to abstain from discussion of voting on the application. Page 3 of 47

4 Town of East Gwillimbury Committee of Adjustment Wednesday, May 27, 2015 Page 2 of 7 C. ADOPTION OF MINUTES 1. To the adopt the minutes of the Committee of Adjustment meeting held on April 29, 2015 Moved by: J. Smalley-Higgs Seconded by: J. Stevenson BE IT RESOLVED THAT the Minutes of the Committee of Adjustment meeting held on April 29, 2015, be approved. D. CONSENT APPLICATIONS Carried 1. Consent Application B submitted by P. Guerin; R. Guerin and T. Bowen. for the property known as 345 Christopher Street (unopened road allowance); Part of Lot 67, Plan 149, Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated May 12, 2015 distributed in accordance with the regulations of the Planning Act Development Services Report P Memorandum from the Town s Chief Building Official with no concerns Correspondence from Hydro One with no comments or concerns. W. Miller, applicant, advised that the land was purchased in 2009 and it is located on an unopened road allowance. J. Rueping, Member, inquired as to who will retain the unopened road allowance F. Lamanna, Secretary-Treasurer, confirmed that the unopened road allowance will still remain in title to the Town of East Gwillimbury. Moved by: J. Smalley-Higgs Seconded by: A. Gillard BE IT RESOLVED THAT Consent Application B to sever and convey the subject lands marked as C1, to be merged in title with the lands indicated as 'A' (116 Colony Trail Blvd.) and retain the remainder lands marked C2, to be merged in title with the lands indicated as 'B' (114 Colony Trail Blvd.) as shown on Schedule 1 attached is hereby approved, subject to the following conditions: Page 4 of 47

5 Town of East Gwillimbury Committee of Adjustment Wednesday, May 27, 2015 Page 3 of 7 1. Submission to the Secretary-Treasurer of three (3) white prints of a deposited reference plan of survey to conform substantially with the application as submitted, showing the location of any existing buildings and structures and their distances from the proposed lines of severance and the calculated area of each part on the plan. 2. Submission to the Secretary-Treasurer of a fully executed deed (in preparation), conveying the subject lands indicated as C1 to the owner of the abutting lands indicated as 'A' (116 Colony Trail Blvd.), as shown on Schedule 1' attached. 3. Submission to the Secretary-Treasurer of a fully executed deed (in preparation), conveying the subject lands indicated as C2 to the owner of the abutting lands indicated as 'B' (114 Colony Trail Blvd.), as shown on Schedule 1' attached. 4. All conditions must be satisfied within one (1) year of the date of the notice of the decision. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. Carried. E. MINOR VARIANCE APPLICATIONS 1. Minor Variance Application A submitted by M. and L. Bruhn for the property known as 5654 Doane Road, Part of Lot 16, Concession 8, Part 1, 65R234. Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated May 12, 2015 distributed in accordance with the regulations of the Planning Act Development Services Report P M. Bruhn, applicant, advised that his existing house is too close to the road and it is legal non-conforming and wishes to build a detached garage. A. Gillard, Member, inquired if the applicant had any plans on replacing any trees that may be removed for the construction of the garage. Mr. Bruhn noted that there are only two trees being removed one of which is an Page 5 of 47

6 Town of East Gwillimbury Committee of Adjustment Wednesday, May 27, 2015 Page 4 of 7 Ash tree and the other is leaning towards the house and should be removed. A. Gillard, Member, asked staff if the Town has policies on tree replacement. C. Cannon, Planner confirmed that the Town tree replacement policy if only applicable for development lands. Moved by: J. Rueping Seconded by: J. Stevenson BE IT RESOLVED THAT Minor Variance application A requesting relief from Section 6.3(b) to permit the construction of a detached garage with a setback of 6.0 metres, as shown on Schedule 1 attached, is hereby approved. Carried. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. 2. Minor Variance Application A submitted by L. and R. Chang for the property known as 119 Hillcrest Drive, Part of Lot 10, Plan 149 Roll No J. Rueping abstained from discussion or voting on this application. The Secretary-Treasurer read the following correspondence: Notice of Hearing dated May 12, 2015 distributed in accordance with the regulations of the Planning Act Development Services Report P There was no one in attendance to represent the application. The Members noted that the required sign was not posted on the property and inquired on the planning act regulations regarding the posting of a sign. F. Lamanna, Secretary-Treasurer, read from the Planning Act O.REG. 200/96 Section 3, confirming that the posting of a sign is a requirement of the Act. C. Cannon, Planner, advised the Members that he withdraws his recommendation of the report. Moved by: J. Smalley-Higgs Page 6 of 47

7 Town of East Gwillimbury Committee of Adjustment Wednesday, May 27, 2015 Page 5 of 7 Seconded by: J. Stevenson WHEREAS the Planning Act Regulation O.REG. 200/96 Section 3 states that at least 10 days before the hearing notice shall be given by mail to residents within 60 metres of the subject land and posting a sign on the subject property. BE IT RESOLVED THAT Minor Variance application A be deferred to the June 24 th meeting; and THAT the applicant pay a re-circulation fee of one third of the application fee equaling $342.67; and THAT staff be directed to send a Revised Notice of Hearing upon receipt of the re-circulation fee. Carried. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. 3. Minor Variance Application A submitted by B. and M. Chojnacki for the property known as 3353 Mount Albert Road, Part of Lot 10, Concession 5, Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated May 12, 2015 distributed in accordance with the regulations of the Planning Act Development Services Report P Correspondence dated May 22 from the Region of York, Community Planning and Development Services Branch with no comments or concerns. M. Chojnacki, applicant, noted that they are new owners and would like to build an addition larger than what is permitted in the zoning by-law. Moved by: A. Gillard Seconded by: J. Smalley-Higgs BE IT RESOLVED THAT Minor Variance application A requesting relief from Section 5.8 (b)(ii) to permit the construction of a one storey addition with a ground floor area of square metres, as shown on Schedule 1 attached, is hereby approved. Page 7 of 47

8 Town of East Gwillimbury Committee of Adjustment Wednesday, May 27, 2015 Page 6 of 7 Carried. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. 4. Minor Variance Application A submitted by M. and R. Aarts for the property known as 5193 Boag Road, Part of Lot 30, Concession 7, Part 2, Plan 65R23386, Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated May 12, 2015 distributed in accordance with the regulations of the Planning Act Development Services Report P M. Aarts, applicant, noted that they are requesting relief for a reduced side yard setback to build an attached garage. Ms. Aarts submitted a letter of support. Moved by: J. Stevenson Seconded by: J. Rueping BE IT RESOLVED THAT Minor Variance application A requesting relief from Section 35.3 (e) to permit the construction of an attached garage having a reduced side yard setback of 5.25 metres, as shown on Schedule 1 attached, is hereby approved. Carried. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. F. OTHER BUSINESS There was no other business G. ADJOURNMENT Page 8 of 47

9 Town of East Gwillimbury Committee of Adjustment Wednesday, May 27, 2015 Page 7 of 7 Moved by: J. Smalley-Higgs Seconded by: J. Rueping BE IT RESOLVED THAT the Committee of Adjustment meeting adjourn at this time (8:09 pm). Carried. David Smith, Chairperson Meeting Minutes adopted on Fernando Lamanna, Secretary-Treasurer, Committee of Adjustment Page 9 of 47

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13 To: DEVELOPMENT SERVICES REPORT P Committee of Adjustment Date: May 27 th, 2015 Subject: Origin: RECOMMENDATIONS Minor Variance Application by L. & R. Chang 119 Hillcrest Drive Part of lot 10, Registered Plan 149 [File: A.04.15] Development Services Department 1. THAT the Minor Variance requested by L. & R. Chang [File: A.04.15] for relief from Sections 20.2 (d), rear yard setback minimum and 20.2 (e) side yard setback minimum of the Town s Zoning By-law to facilitate the construction of an addition to the existing dwelling with rear yard setback of 17 metres and a side yard setback of 7.5 metres, be approved. PURPOSE The purpose of this report is to provide information and make a recommendation regarding the Minor Variance application by L. & R. Chang. The Minor Variance application proposes relief from the rear yard setback minimum and side yard setback minimum to facilitate the construction of an addition to the existing dwelling. BACKGROUND Location The subject property is located on the south side of Hillcrest Drive, west of 2 nd Concession Road in the Community of Holland Landing. The location of this property is shown on Appendix 1 of this report. DISCUSSION AND ANALYSIS Proposal A variance has been requested to decrease the rear yard setback requirement to 17 metres and side yard setback requirement to 7.5 metres to facilitate the construction of an addition to the existing dwelling on the subject property. The applicant has applied to decrease the rear yard setback requirement whereas Section 20.2 (d) of Zoning By-law No , as amended, requires the front yard setback minimum of 23 metres. In addition, relief has been requested to reduce the side yard setback requirement whereas Section 20.2 (e) of Zoning By-law No , as Page 13 of 47

14 Development Services Report Minor Variance Application By L. & R. Chang May 27, 2015 Page 2 of 5 amended, requires the side yard setback minimum of 9 metres. A copy of the plan submitted in support of this application is attached as Appendix 2. Town of East Gwillimbury Official Plan The subject property is designated Low Density Residential Area by the Town s Official Plan. The Low Density Residential Area designation permits single detached dwellings and accessory uses, buildings and structures. Zoning By-law The subject property is zoned Estate Residential (ER) in the Town s Zoning By-law 97-50, as amended. The Zoning By-law lists the rear yard setback minimum as 23 metres and a side yard setback of 9 metres. The intent of the yard setback requirements is to ensure consistent yard setbacks for structures. This applicant has requested the relief in order to facilitate the construction of an addition to the existing dwelling. Due to the natural topography of the subject property, the proposed addition has been designed to accommodate the drastic change in grade while being sensitive to the side and rear yard setback requirements. The impact is minimal as only two corners are in conflict with the required yard setbacks. The proposed addition does not run parallel to either lot line in question. Comments In determining whether a variance is minor, the Committee must have regard not only to the measurement of the variance but also to the following considerations: (i) Whether the variance is minor in nature The request for a decrease of the rear yard setback and side yard setback requirement for an addition to the existing dwelling will not result in an abnormal massing appearance for this property. (ii) Whether it is appropriate and desirable for the development of the lands The existing surrounding land uses are residential. The proposed addition to the dwelling with decreased yard setbacks is considered appropriate development for this area. The minor decrease in the rear yard setback and the side yard setback related to this property would not affect the residential character of the property. (iii) Whether it maintains the general intent and purpose of the Official Plan Residential dwellings meet the general intent and purpose of the Town s Official Plan. Page 14 of 47

15 Development Services Report Minor Variance Application By L. & R. Chang May 27, 2015 Page 3 of 5 (iv) Whether it maintains the general intent and purpose of the Zoning By-law Given the size and location of this property, it is staff s opinion that this minor decrease in the rear yard setback and side yard setback minimums would maintain the intent of the Zoning By-law. ATTACHMENTS Appendix 1 Location Map Appendix 2 Proposed Site Plan Appendix 3 Elevations Prepared and Recommended by: Original report signed by Chris Cannon Planner Page 15 of 47

16 APPENDIX 1 Development Services Report Minor Variance Application By L. & R. Chang May 27, 2015 Page 4 of 5 GENERAL LOCATION Page 16 of 47

17 APPENDIX 2 Development Services Report Minor Variance Application By L. & R. Chang May 27, 2015 Page 5 of 5 SITE PLAN Page 17 of 47

18 COMMITTEE OF ADJUSTMENT Fernando Lamanna, Secretary-Treasurer x3821 June 8, 2015, NOTICE OF HEARING Re: Minor Variance Application A submitted by J. & S. Duff for the property known as McCowan Road, Part of Lot 18, Concession 7, Part 2, Plan 65R29671, Part 1 Roll No The owners of the above noted property have submitted an application for a minor variance to request relief from Section 6.3 (j) to permit the construction of a detached garage having a total floor area of square metres, as shown on Schedule 1 attached. Whereas the by-law permits a maximum floor area of 80 square metres. A hearing, to receive public comments in support or in opposition to this application will be held on Wednesday, June 24 th, 2015 at 7:00 p.m., in the Council Chambers Leslie Street, Sharon. Any person who supports or opposes this application, but who is unable to attend the hearing, may make a signed, written submission which should include the reasons for support or opposition. Written submissions must be delivered to the Secretary-Treasurer prior Wednesday, May 17 th, Written submissions can also be submitted at the hearing. Please include your printed name and full mailing address in your written submission. If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed minor variance, you must make a written request to the Secretary-Treasurer, Committee of Adjustment, Leslie Street, Sharon, Ontario L0G 1V0. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If more information is required, contact the Secretary-Treasurer for the Committee of Adjustment for assistance at (905) Ext or by at flamanna@eastgwillimbury.ca. Original Signed by Fernando Lamanna Secretary-Treasurer Committee of Adjustment Our town, Our future Leslie Street, Sharon, Ontario L0G 1V0 Tel: Fax: Page 18 of 47

19 Legend McCowan Rd Queensville Sideroad Subject Property McCowan Rd. Metersμ Copyright, The Town of East Gwillimbury, June 2015 Copyright, The Regional Municipality of York, 2014 * Includes Queen s Printer for Ontario Orthophotography, First Base Solutions Inc. Page 19 of 47

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28 To: DEVELOPMENT SERVICES REPORT P Committee of Adjustment Date: June 24, 2015 Subject: Origin: RECOMMENDATIONS Minor Variance Application by J. & S. Duff McCowan Road Part lot 18, Concession 7 [File: A.07.15] Development Services Department 1. THAT the Minor Variance requested by J. & S. Duff [File: A.07.15] to grant relief from Section 6.3 (j) of Zoning By-law 97-50, as amended by By-law to facilitate the construction of a detached garage with a maximum size of 112 square metres, be approved. PURPOSE The purpose of this report is to provide information and make a recommendation regarding the Minor Variance application by J. & S. Duff. The Minor Variance application proposes to permit a detached garage with a floor area greater than that permitted by the Town s Zoning By-law. BACKGROUND Location The subject property, more particularly known as McCowan Road is located on the east side of McCowan Road, south of Queensville Sideroad. The location of this property is shown on Appendix 1 of this report. DISCUSSION AND ANALYSIS Proposal A variance has been requested to permit a detached garage with a floor area of 112 square metre on the subject property, whereas Section 6.3 (j) of Zoning By-law No , as amended, only permits detached garages to a maximum floor area of 80 square metres. The proposed garage will be divided with a demising wall, however, both portions will have access through internal and external doorways. Approximately 67 square metres will be utilized as garage space, while the remaining 45 square metres will be utilized as a workshop with storage space on the upper level. The proposed garage will be 8.2 metres from finished grade to the roof peak. A copy of the submitted site plan, elevations and floor plans in support of this application is attached as Appendix 2. Page 28 of 47

29 Development Services Report Minor Variance Application By J. & S. Duff June 24, 2015 Page 2 of 10 Town of East Gwillimbury Official Plan The subject property is located within the Oak Ridges Moraine and designated Oak Ridges Moraine Countryside Area in the Town s Official Plan, as amended. The Oak Ridge Moraine Countryside Area designation aims to encourage agricultural and other rural uses that protect prime agricultural areas and maintain the rural character of the rural settlements. Zoning By-law The property is zoned Oak Ridges Moraine Countryside (ORMCS). The ORMCS zone permits, along with other things, one single dwelling and accessory uses, buildings and structures related to such dwelling. Sections 6.3 (j) of Zoning By-law No , as amended, permits detached garages with a maximum floor area of 80 square metres. The Minor Variance proposes to permit a detached garage containing a workshop and storage portion with a maximum size of 112 square metres. Comments In determining whether a variance is minor, the Committee must have regard not only to the measurement of the variance but also to the following considerations: (i) Whether the variance is minor in nature The proposed permission of a detached garage with a maximum floor area of 112 square meters is considered minor in nature given the current zoning is under review and will be adjusted to accommodate garages up to 112 square metres (1200 square feet) in size. Further, the garage will be built with a demising wall, which will ensure the use will not be solely for vehicle storage but other general storage and workshop uses for the property owners. There will be no negative impacts on the surrounding community should this Minor Variance be approved. (ii) Whether it is appropriate and desirable for the development of the lands The proposed variance to permit a detached garage is considered an appropriate and desirable development for this area given the adjacent properties are mainly comprised of open fields which are utilized for agricultural purposes. The proposed building will not impact any surrounding key natural heritage features, hydrological sensitive features or the character of the surrounding community. (iii) Whether it maintains the general intent and purpose of the Official Plan The proposed Minor Variance will facilitate the permission of the construction of a use accessory to the single detached dwelling which is permitted in the Official Plan. The proposed development will not impact the rural character or eliminate any prime agricultural land on the subject property. Overall, the application maintains the general intent and purpose of the Official Plan. Page 29 of 47

30 Development Services Report Minor Variance Application By J. & S. Duff June 24, 2015 Page 3 of 10 (iv) Whether it maintains the general intent and purpose of the Zoning By-law The proposed variance, if approved, will facilitate the construction of a detached garage. While the floor area exceeds the maximum allowable area as per the existing By-law, the Town is in the process of increasing the allowable size of detached garages to 112 square metres. Furthermore, the portion of the building utilized for vehicle storage will be less than the current maximum permitted 80 square metres, the remaining floor area will be comprised of workshop and storage space. The proposed garage meets and exceeds the other zoning provisions required for the lot including minimum setback requirements and lot coverageas per the Zoning By-law. The application meets the intent and purpose of the Zoning By-law. ATTACHMENTS Appendix 1 Location Map Appendix 2 Site Plan, Elevations and Floor Plans Prepared and Recommended by: Original signed by Stacey Kursikowski Planner Page 30 of 47

31 APPENDIX 1 Development Services Report Minor Variance Application By J. & S. Duff June 24, 2015 Page 4 of 10 Page 31 of 47

32 APPENDIX 2 Development Services Report Minor Variance Application By J. & S. Duff June 24, 2015 Page 5 of 10 Page 32 of 47

33 Development Services Report Minor Variance Application By J. & S. Duff June 24, 2015 Page 6 of 10 Page 33 of 47

34 Page 34 of 47 Development Services Report Minor Variance Application By J. & S. Duff June 24, 2015 Page 7 of 10

35 Page 35 of 47 Development Services Report Minor Variance Application By J. & S. Duff June 24, 2015 Page 8 of 10

36 Page 36 of 47 Development Services Report Minor Variance Application By J. & S. Duff June 24, 2015 Page 9 of 10

37 Page 37 of 47 Development Services Report Minor Variance Application By J. & S. Duff June 24, 2015 Page 10 of 10

38 COMMITTEE OF ADJUSTMENT Fernando Lamanna, Secretary-Treasurer x3821 June 8, 2015, NOTICE OF HEARING Re: Minor Variance Application A submitted by Sharon Mushroom Farm Ltd. for the property known as Kennedy Road, Part of Lot 23, Concession 5 Roll No The owners of the above noted property have submitted an application for a minor variance to request relief from: Section 6.28 to reduce the parking requirement to 35 spaces, whereas the by-law requires a total of 135 spaces; and Section 35.4 (d) to reduce the southerly side yard setback to 27 metres, whereas the bylaw requires a minimum side yard setback of 60 metres. The above noted minor variances are being requested in order to build a new mushroom farm and casing soil building, as shown on Schedule 1 attached. NOTE: The owners of the subject land also own the property to the south, municipally known as Kennedy Road, which has an existing mushroom farm. A hearing, to receive public comments in support or in opposition to this application will be held on Wednesday, June 24 th, 2015 at 7:00 p.m., in the Council Chambers Leslie Street, Sharon. Any person who supports or opposes this application, but who is unable to attend the hearing, may make a signed, written submission which should include the reasons for support or opposition. Written submissions must be delivered to the Secretary-Treasurer prior Wednesday, May 17 th, Written submissions can also be submitted at the hearing. Please include your printed name and full mailing address in your written submission. If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed minor variance, you must make a written request to the Secretary-Treasurer, Committee of Adjustment, Leslie Street, Sharon, Ontario L0G 1V0. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If more information is required, contact the Secretary-Treasurer for the Committee of Adjustment for assistance at (905) Ext or by at flamanna@eastgwillimbury.ca. Original Signed by Fernando Lamanna Secretary-Treasurer Committee of Adjustment Our town, Our future Leslie Street, Sharon, Ontario L0G 1V0 Tel: Fax: Page 38 of 47

39 QUEENSVILLE SIDEROAD Meters Copyright, The Town of East Gwillimbury, June 2015 Copyright, The Regional Municipality of York, 2014 * Includes Queen s Printer for Ontario Orthophotography, First Base Solutions Inc. Subject Property Legend Kennedy Road Kennedy Road Sharon Mushroom Farm KENNEDY RD μpage 39 of 47

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41 To: DEVELOPMENT SERVICES REPORT P Committee of Adjustment Date: June 24, 2015 Subject: Origin: RECOMMENDATIONS Minor Variance Application by Sharon Mushroom Farm Kennedy Road Part of Lot 23, Concession 5 [File: A.08.15] Development Services Department 1. THAT the Minor Variance requested by Sharon Mushroom Farm [File: A.08.15] to grant relief from Section 6.28, parking space requirements, and Section 35.4(e), yard setback minimum, of the Town s Zoning By-law 97-50, as amended, to require the construction of 35 parking spaces and facilitate the construction of a casing soil building with a side yard setback of 27 metres, be approved. PURPOSE The purpose of this report is to provide information and make a recommendation regarding the Minor Variance application by Sharon Mushroom Farm. The Minor Variance application proposes to reduce the requirement for parking on the site and permit the construction of a soil casing building with a reduced side yard setback from the south property line. BACKGROUND Location The subject property, municipally known as Kennedy Road, is located on the west side of Kennedy Road, north of Queensville Sideroad. The subject property abuts the existing Sharon Mushroom Farm located at Kennedy Road. The location of this property is shown on Appendix 1 of this report. DISCUSSION AND ANALYSIS Proposal The applicant currently owns and operates the Sharon Mushroom Farm located at Kennedy Road. To expand the farming operation, the applicant plans to construct an additional mushroom farm and soil casing building on the subject property located to the north of the existing farm. A copy of the submitted site plan in support of this Minor Variance application is attached as Appendix 2. Page 41 of 47

42 Development Services Report Minor Variance Application By Sharon Mushroom Farm June 24, 2015 Page 2 of 7 A variance has been requested to reduce the requirement for parking on the subject property. The Town s Zoning By-law 97-50, as amended, requires that 1 parking space be provided for every 92.9 square metres of gross floor area. The development planned for the subject property will result in a gross floor area of 12,500 square metres. Under the By-law this will require a total of 135 parking spaces, whereas a reduction has been proposed to change this requirement to 35 parking spaces. A variance has also been requested to permit the construction of a soil casing building on the subject property with a setback less than the minimum permitted yard setback from the south property line. The Town s Zoning By-law 97-50, as amended, requires a minimum 60 metre setback from all lot lines to buildings used for intensive agricultural uses, whereas a setback of 27 metres is proposed. Town of East Gwillimbury Official Plan The subject property is designated Environmental Protection Area within the Greenbelt Plan Area in the Town s Official Plan and identified as a Supporting Area within the Town s Natural Heritage System. This designation permits, among other things, existing legally established uses such as agricultural uses. A mushroom farm is a permitted use within this land use designation. Zoning By-law The subject property is zoned Rural (RU) in the Town s Zoning By-law Section 6.28 requires that Agricultural uses (as they are permitted by the Zoning By-law but not explicitly listed in this Section) provide 1 parking space for every 92.9 square metres of gross floor area. Section 35.4(e) requires that intensive agricultural buildings have a minimum yard setback of 60 metres. The Minor Variance proposes to permit a reduction in the number of required parking spaces to 35, and a reduction in the minimum side yard setback for a soil casing building to 27 metres. Comments In determining whether a variance is minor, the Committee must have regard not only to the measurement of the variance but also to the following considerations: (i) Whether the variance is minor in nature The proposed variance to reduce the parking requirement and minimum side yard setback to the soil casing building is considered minor in nature. The requested Minor Variance will have minimal impact on neighbouring properties, as the proposed parking requirements will still provide for parking on site that is adequate for its use. It will also facilitate the consolidation of farming operations by permitting the soil casing building to be located closer to the existing farm on the adjacent property to the south, which will further separate the farm operations from the existing residence located on the adjacent property to the north. Page 42 of 47

43 Development Services Report Minor Variance Application By Sharon Mushroom Farm June 24, 2015 Page 3 of 7 (ii) Whether it is appropriate and desirable for the development of the lands The proposed variance to reduce the parking requirement and minimum side yard setback to the soil casing building is considered appropriate and desirable for this area. The applicant is able to develop the property for a mushroom farm without the approval of the proposed Minor Variance, as shown on Appendix 3 of this report. However, in an effort to lessen any impact on the residence located to the north of the subject property, improve the landscaping and streetscape, and consolidate the farming operations, the Minor Variance application has been made. The facility will employ 50 workers, the majority of which commute together on a private bus or carpool. The proposed variance will accommodate the anticipated parking needs of the use, limit the amount of impervious surface created by parking areas, and allow for better landscaping and views from the street. By locating the soil casing building closer to the southern lot line, the potential impact of this building on the residence located on the adjacent property to the north will be further reduced. This will also facilitate a consolidation of farm operations between the subject property and the existing Sharon Mushroom Farm. (iii) Whether it maintains the general intent and purpose of the Official Plan The use of the property for agricultural uses is permitted through the Town s Official Plan. One of the objectives of the Town s Official Plan is to foster a vibrant agricultural and rural community. The proposed Minor Variance will facilitate the consolidation of farm operations between the subject property and the existing Sharon Mushroom Farm, increasing the business efficiency and economic vitality. The variance, as proposed, maintains the general intent and purpose of the Official Plan. (iv) Whether it maintains the general intent and purpose of the Zoning By-law The proposed Minor Variance meets the general intent and purpose of the Town s Zoning By-law. The Town s Zoning By-law does not explicitly include parking requirements for agricultural uses, meaning the property is subject to general parking provisions. These provisions are nearly three times higher than the anticipated number of employees of the farming operations. Reducing the required number of parking spaces will better align with the actual anticipated usage. The purpose of the yard setback requirements for intensive agricultural uses is to ensure proper separation distances from neighbouring residences and other sensitive land uses. Reducing the southern side yard setback will help to consolidate the farming operations between the two properties and focus these operations away from the existing residence abutting the property to the north. ATTACHMENTS Appendix 1 Location Map Appendix 2 Proposed Site Plan (illustrating Minor Variance proposal) Appendix 3 Alternative Site Plan (illustrating the development without the Minor Variance) Page 43 of 47

44 Development Services Report Minor Variance Application By Sharon Mushroom Farm June 24, 2015 Page 4 of 7 Prepared and Recommended by: Original signed by Trish Elliott Planner Page 44 of 47

45 APPENDIX 1 Development Services Report Minor Variance Application By Sharon Mushroom Farm June 24, 2015 Page 5 of 7 Page 45 of 47

46 APPENDIX 2 Development Services Report Minor Variance Application By Sharon Mushroom Farm June 24, 2015 Page 6 of 7 Page 46 of 47

47 APPENDIX 3 Development Services Report Minor Variance Application By Sharon Mushroom Farm June 24, 2015 Page 7 of 7 Page 47 of 47