Committee of Adjustment Agenda

Transcription

1 TOWN OF GRMSBY Committee of Adjustment Agenda Tuesday, November 7, :00 p.m. Town Hall, 160 Livingston Avenue Page 1. Call to Order 2. Disclosure of nterest 3. Minutes Minutes of the Committee of Adjustment Meeting October 3, i) Minutes of the Committee of Adjustment Meeting October 3, Additions to or deletions from the Agenda Requests for deferral. 10 i) A-22/17 RYAN ALLNGTON 10 Tami Crescent Grimsby ON L3M 4W3 Request from the agent, Meghan McKay, for deferral to allow further consultation with the Planning Department. Page 1 of 25

2 Page Committee of Adjustment Agenda November 7, Minor Variance i) A-22/17 RYAN ALLNGTON 10 Tami Crescent Grimsby ON L3M 4W ii) A-23/17 PHELPS HOMES LTD. 166 Main Street West Grimsby ON L3M 1S3 6. Land Consent i) B-09/17 PHELPS HOMES LTD. 166 Main Street West Grimsby ON L3M 1S3 7. Adjournment f you require any accommodations for a disability in order to attend or participate in meetings or events, please contact the Accessibility Advisory Administrator at or hsoadyeaston@grimsby.ca Page 2 of 25

3 The Corporation of the Town of Grimsby Committee of Adjustment Meeting Minutes Town Hall Council Chambers 160 Livingston Avenue October 3, 2017 Present: K. Antonides, Chairperson N. Andreychuk R. Bennett H. Nobes P. Settimi Staff: J.R. Schonewille, Secretary/Treasurer 1. Call to Order The meeting was called to order at 7:00 p.m., Tuesday October 3, 2017 in the Council Chambers. 2. Disclosure of nterest a) The Chairperson outlined the procedures of the Committee for all in attendance and asked if any members had any disclosure of interest. 3. Minutes a) Minutes of the Committee of Adjustment Meeting September 5, CA Moved by N. Andreychuk; Seconded by P. Settimi; Resolved that the minutes of the Committee of Adjustment meeting of September 5, 2017 be approved as circulated. CARRED Page 3 of 25

4 4. Minor Variance a) A-18/19 Robert Millar & Mary Millar 301 Main Street East Grimsby Ontario Page 2 of 7 Committee of Adjustment October 3, 2017 The Committee then consider Submissions A-18/17 by Robert and Mary Millar to allow for the construction of a new 1 1/2 storey 49 sq. Metre accessory structure in the front yard with a front yard setback of metres from the centreline of Main Street East in a Neighbourhood Development (ND) Zone at #301 Main Street East, Grimsby. Correspondence was received from: Town Planning Department - No objections, request conditions. Teecon Corporation - No objections, request clarification. Mrs. Marry Millar, owner, appeared before the Committee to support the application and stated the proposal is identical to what was previously approved with garage doors facing the east on the side of the garage. The garage will be clad with brick to match the house and board and batton with a false dormer. CA Moved by P. Settimi; Seconded by N. Andreychuk; Resolved that Submission A-18/17 by Robert and Mary Millar to allow for to allow for the construction of a new 1 1/2 storey 49 sq. Metre accessory structure in he front yard with a front yard setback of metres from the centreline of Main Street East in a Neighbourhood Development (ND) Zone at #301 Main Street East, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. Page 4 of 25

5 Page 3 of 7 Committee of Adjustment October 3, 2017 b) A-19/17 Rudy rish & Lisa rish 292 Main Street West Grimsby Ontario CARRED The Committee then consider Submissions A-19/17 by Rudy & Lisa rish to allow for the construction of a covered elevated deck to an existing dwelling with a rear yard setback of 58.3 metres in a Main Street (MS) Zone at #292 Main Street West, Grimsby. Correspondence was received from: Town Planning Department - No Objections Mr. Rudy rish, owner, appeared before the Committee to support the application and stated that they wished to extend the elevated deck to provide coverage for a basement entrance. Mr. Nick Kirewskie of Hickory Cres. questioned the height of the proposed deck. CA Moved by R. Bennett; Seconded by H. Nobes; Resolved that Submission A-19/17 by Rudy rish & Lisa rish to allow for to allow for the construction of a covered elevated deck to an existing dwelling with a rear yard setback of 58.3 metres in a Main Street (MS) Zone at #292 Main Street West, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. CARRED Page 5 of 25

6 c) A-20/19 Steve Latham & Melissa O'Brien 5 Nelles Blvd. Grimsby Ontario Page 4 of 7 Committee of Adjustment October 3, 2017 The Committee then consider Submissions A-20/17 by Steve Latham & Melissa O'Brien to allow for the construction of a second storey addition over an existing one storey portion of an existing dwelling with a side yard setback of.7 metres in a Residential Detached RD2-25 Zone at #5 Nelles Boulevard, Grimsby. Correspondence was received from: Town Planning Department - No objections, request conditions. Mr. Franco Dellalian, authorized agent for the owners, appeared before the Committee to support the application and stated that the family wishes to update and enlarge the second floor by adding a walk in closet and bathroom. The foot print will be the same as they will add to the previous sunroom foundation. They propose to use maintenance free materials on the entire house. The existing roof line will be matched with an additional dormer. CA Moved by H. Nobes; Seconded by P. Settimi; Resolved that Submission A-20/17 by Steve Latham and Melissa O'Brien to allow for the construction of a second storey addition over an existing one storey portion of an existing dwelling with a side yard setback of.7 metres in a Residential Detached RD2-25 Zone at #5 Nelles Boulevard, Grimsby be approved with conditions for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. Page 6 of 25

7 Subject to the following conditions: Page 5 of 7 Committee of Adjustment October 3, 2017 That the low maintenance materials are used on the northerly elevation of the addition. CARRED d) A-21/17 Phelps Homes Ltd. 211 Central Avenue Grimsby Ontario The Committee then consider Submissions A-21/17 by Phelps Homes Ltd. to legalize a new lot area of 45,850 sq. metres and a new lot frontage of metres as the result of a conditionally granted land Consent in a Neighbourhood Development (ND) Zone at #211 Central Avenue, Grimsby. Correspondence was received from: Town Planning Department - No Objections Mr. Ethan Van Amelsvoort of Phelps Homes appeared before the Committee to support the applications and stated that due to timing they have pursued a consent application to sever the existing home at 229 Central from the balance of the development site. As a result of the severance they also require a minor variance for the new frontage and lot area. CA Moved by H. Nobes; Seconded by R. Bennett; Resolved that Submission A- 21/17 by Phelps Homes Ltd. to legalize a new lot area of 45,850 sq. metres and a new lot frontage of metres as the result of a conditionally granted land Consent in a Neighbourhood Development (ND) Zone at #211 Central Avenue, Grimsby be granted for the following reasons: Page 7 of 25

8 5. Land Consent a) B-08/17 Phelps Homes Ltd. 229 Central Avenue Grimsby Ontario Committee of Adjustment October 3, The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. CARRED The Committee then consider Submissions B-08/17 by Phelps Homes Ltd. for consent to convey sq. metres (Part 1) for proposed residential development. Part 2 being 1,636 sq. metres of land is to be retained for continued residential use as #229 Central Avenue. Correspondence was received from: Town Planning Department - No Objections Page 6 of 7 Mr. Ethan Van Amelsvoort of Phelps Homes appeared before the Committee to support the applications and stated that due to timing they have pursued a consent application to sever the existing home at 229 Central from the balance of the development site. As a result of the severance they also require a minor variance for the new frontage and lot area. CA Moved by N. Andreychuk; Seconded by P. Settimi; Resolved that Submission B-08/17 by Phelps Homes Ltd. for consent to convey 45,850 sq. metres (Part 1) for proposed residential development. Part 2 being 1,636 sq. metres of land is to be retained for continued residential use as #229 Central Avenue be granted as per the Notice of Decision. CARRED Page 8 of 25

9 Page 7 of 7 Committee of Adjustment October 3, Adjournment K. Antonides Chairperson J. R. Schonewille Secretary f you require any accommodations for a disability in order to attend or participate in meetings or events, please contact the Accessibility Advisory Administrator at or hsoadyeaston@grimsby.ca Page 9 of 25

10 To Mr. Schonewille, Please accept my request to defer the variance application A to allow further consultation with the planning department. Amendments have been submitted and we hope to defer this application to the next available meeting at which point we should be in an appropriate position to proceed. Thank-you Sincerely, Meghan McKay Page 10 of 25

11 ".$. õ6ì5) M {ffi TOWN OF GRMSBY COMMTTEE OF ADJUSTMENT NOTCE OF PUBLC HEARNG OF APPLCATON FOR MNOR VARANCE File Number A, THE PLANNNG ACT, R.S.O. 1990, SECTON 44 AND 45. Name of Applicant REGARDNG AN APPLCATON BY LOCATON OF PROPERTY RYAN ALLNGTON #10 TAM CRESCENT, GRMSBY, ON L3M 4W3 LOT 1 PLAN 3OM-127 #10 TAM CRESCENT, GRMSBY, ONTARO Brief Description As set out in the application PURPOSE OF APPLCATON: TO ALLOW A HOME OCCUPATON OF A MEDCAL PRACTTONER WTHN AN EXSTNG DETACHED DWELLNG AND GARAGE PROVDNG THREE PARKNG SPACES 2.44 METRES X 5.9 METRES N A RESDENTAL DETACHED 4 (RD4-35) ZONE AT #10 TAMr CRESCENT, GRTMSBY. Zoning Requirement BY-LAW,4-45, AS AMENDED, SECTON 7 RESDENTAL DETACHED RD4-35 Minimum Parking Requirements- Residential dwelling unit-two parking spaces Office of a medical practitioner- Four parking spaces Parking Space size metres X 5.75 metres TAKE NOTCE that an Application under the above File Number will be heard by the Committee on the date, time and place shown below. DATE: PLACE Tuesday, November 7, 2017 MUNCPAL OFFCE, 160 LVNGSTON AVENUE, GRMSBY, ONTARO L3M 4G3 Time: 7:00 p.m PUBLC HEARNG: You are entitled to attend this Public Hearing in person to express your views about this Application, or you may be represented by Council for that purpose. lf you are aware of any person interested in or affected by this Application who has not received a copy of this Notice, you are requested to inform that person of this Hearing. lf you wish to make written comments on this Application, please forward to the Secretary/Treasurer of the Committee at the address shown below. FALURE TO ATTEND HEARNG: lf you do not attend at the Hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice in the proceedings. ndance of the Applicant and/or his authorized representative or agent may result in the denial of the Application rdance with the Rules of Procedure of the Committee of Adjustment. DATED this 17th day of October, 2017 P.O. Box '159, S mmittee T 60 Living rimsby LAN reasurer Adjustment of Grimsby Avenue L3M 4G3 ERLEAF/ Page 11 of 25

12 t Applicant: Meghan McKay Site Plan for 10 Tami Cres N ti ero Ðnt o c a {c \.1.\ri \rrrlr rara., t, t t \, t t,, t Legend: Property Llnes Driveway boundary - see enclosed diagrams for further details Page 12 of 25

13 ' #+ Îy n PLANNNG DEPARTMENT MEMORANDUM TO: J. Schonewille, Secretary/Treasurer Committee of Adjustment FROM: RE DATE: Amy Shanks, Planner Minor Variance Application, A #10 Tami Crescent, Grimsby, Ontario November 7,2017 Background An application has been submitted to the Town of Grimsby to allow for a home occupation of an office of a medical practitioner within an existing detached dwelling and garage providing three parking spaces sized 2.44 metres by 5.9 metres in a Residential Detached RD4.35 zone at #10 Tami Crescent, Grimsby. Do the variances meet the intent of the Official Plan? The subject property is designated Low Density ResidentialArea in the Town's Official Plan. Per Sections b) and of the Official Plan, home occupations are permitted within the Low Density Residential Area designation, provided: a) The use rs accessory and subordinate to the residential use of the property; b) t is operated by residents of the household on the lot; c) lt does not include outdoor storage or display of goods, materials or products; d) The use does not substantially alter the residential nature of the property or the appearance of the dwelling; and e) The proposed use meets the provisions of the Zoning By-law with regard to such matters as offstreet parking, signage, specific uses and maximum floor area. Planning staff have reviewed the plans submitted in support of this application, and are satisfied that the proposed home occupation will satisfy provision a), b), c), and d) above, since: a) The home occupation will only occupy approximately 23 square metres of the dwelling's overall footprint; b) A resident of the dwelling will be the sole employee of the home occupation; c) The home occupation will be contained entirely within the confines of the dwelling's existing attached garage; and, d) The existing façade of the dwelling will not be altered in any way and the existing garage door will be kept in place, with insulation inserted behind it. ln regards to provision e), planning staff have concluded that the home occupation will comply with all the identified zoning regulations, with the exception of the provision of adequate off-street parking. By- Law 14-45, as amended, requires a home occupation that is the office of a medical practitioner to provide four parking spaces for the home occupation use, in addition to two parking spaces for the residential dwelling unit. Therefore, six parking spaces are required in total. This application requests to reduce the total number of required parking spaces in half to three spaces. Additionally, this application requests to reduce the size of these parking spaces from the 2.75x 5.75 metres required under By-Law 14-45, as amended, to2.44 metres x 5.9 metres. The reduction in width is necessary to accommodate three parking spaces within the existing driveway. Page 13 of 25

14 Number of Parkino Spaces The intent of requiring six parking spaces for the home occupation of an office of a medical practitioner is to ensure that demand for parking is satisfied within the confines of the lot, and that the home occupation does not create a nuisance in regards to parking impacts. Medical practitioner offices generally feature an overlap in people accessing the services provided. Appointments might not always end on time, and a patient can arrive early while another patient (or patients) is already on the premises. The parking needs of the dwelling's residents must also be accommodated within the overall parking requirement for home occupations to ensure the primary function of the dwelling remains residential. The required number of two parking spaces per dwelling unit in By-Law 14-45, as amended, has been established to accommodate the typical parking demand that exists for a single-detached dwelling. The applicant is proposing to locate a physiotherapy clinic in the garage of the subject dwelling. Given that appointments at this clinic will be restricted to specific time increments, planning staff are of the opinion that only two parking spaces are required for the clinic use. This will allow any appointment overlap (i.e. one patient arriving while another is still on the premises) to be accommodated. Therefore, the one parking space that is proposed will not be adequate to satisfy the parking demand resulting from the residential dwelling unit already on the premises. lt cannot be guaranteed that only one car associated with this dwelling unit will be present on the subject property at all times during the clinic's operating hours. Any parking spillover resulting from this inadequacy has the potential to disrupt the availability of on-street parking in the immediate vicinity of the subject dwelling. Planning staff have considered the adoption of a shared parking allowance similar to what is permitted in Mixed Use- High Density zones under Section 5.17 of By-Law, 14-45, as amended, but have determined that this allowance would not be feasible given a limited availability on-street parking on Tami Crescent, and the proposed layout of the parking spaces. Tami Crescent is only a 15-metre wide right-of-way. A standard residential right-of-way is typically 20 metres. The reduced size of the right-of-way is problematic since it results in driveways that are not as long, and cannot accommodate vehicles parked in tandem. An aerial photograph of Tami Crescent is attached as Appendix A to this report. This image suggests that even under normal parking conditions, vehicles encroach into the road allowance, as well as the physicaltravelled road, when parked in tandem on the driveways. The reduced width of the right-of-way also constrains the provision of on-street parking spaces. There are only three legal on-street parking spaces available on Tami Crescent. The Town has received three parking complaints on Tami Crescent since January Given the constraints surrounding both on street and off street parking availability on Tami Crescent, planning staff are of the opinion that a reduction in the number of parking spaces required for the proposed home occupational use will result in a parking spillover that has potential to create a nuisance in regards to parking impacts. Planning staff therefore conclude that this requested variance does meet the intent of the Official Plan. Size of Parkinq Spaces As stated previously, this application also requests to allow for a reduction in the size of the parking spaces from the 2.75 x 5.75 metres required under By-Law 14-45, as amended,lo 2.44 metres x 5.9 metres. The intent of requiring parking spaces to be a certain size is to ensure that these spaces are able to accommodate a range of vehicle types and sizes. The proposed reduction in the overall width of each parking space is problematic because the proposed width will likely not be large enough to accommodate larger sized vehicles. Planning staff have received images (attached as Appendix B to this report) from the applicant showing three cars parked side-by-side in the driveway of the subject property. However, the cars shown in these images are compact cars/suvs. Larger vehicles, such as full-sized SUVs and trucks, would not be able to fit as efficiently within the confines of the driveway. Furthermore, without line painting, vehicles would likely not be able to park as efficiently within the driveway as is shown in these Page 14 of 25

15 images. Line painting would not be appropriate for the subject dwelling since this would alter the residential appearance, in conflict with the Official Plan policies for home occupations outlined above. The chart below provides a summary of the parking space size requirements in the Zoning By-Laws of several nearby municipalities. As demonstrated by this chart, the width requested in this application is much smaller than what is permitted elsewhere. W dth (metres) Length (metres) Area (square metres) Proposed Grimsby West Lincoln 3 þ St. Gatharines Oakville Burlington 2.75 Not specified 16.5 Hamilton lf a larger sized vehicle is not able to fit within one of the provided parking spaces in the driveway, parking for the proposed home occupation will be forced to spill over into the limited on-street parking on Tami Crescent. As established above, this spillover has the potentialto create a nuisance in regards to parking impacts. Planning statf therefore conclude that this requested variance does meet the intent of the Otficial Plan. Planning staff are of the opinion that the proposed reduction in the number of required parking spaces, and the reduction in the required width of these parking spaces does not meet the intent of the Official Plan. Do the variances meet the intent of the Zoning By-Law? The subject property is zoned Residential Detached RD4.35 in By-Law 14-45, as amended. Home occupations are permitted as accessory uses in this zone. As outlined above, planning staff are of the opinion that the proposed reduction in the number of required parking spaces will not accommodate the entirety of the parking demand arising from the proposed home occupation, and will likely result in a parking nuisance in the surrounding neighbourhood. Planning staff therefore conclude that this variance does not meet the intent of the Zoning By-Law. As outlined above, planning staff are of the opinion that the proposed reduction in parking stall width will not remain wide enough to accommodate larger vehicles, and therefore conclude that the requested variance does not meet the intent of the Zoning By-Law. Planning staff are of the opinion that the proposed reduction in the number of required parking spaces, and the reduction in the required width of these parking spaces does not meet the intent of the Zoning By-Law. Are the variances desirable for the appropriate development or use of the land? Planning staff are of the opinion that the proposed reduction in the number of required parking spaces will not be desirable for the appropriate development or use of the land since this reduction will not accommodate the entirety of the parking demand arising from the proposed home occupation, and will likely result in a parking nuisance in the surrounding neighbourhood. Planning staff are of the opinion that the proposed reduction in the permitted width of a parking space will not be desirable or appropriate for the use of the land, since larger vehicles will not be able to fit within Page 15 of 25

16 these proposed dimensions. This will likely result in parking for the proposed home occupation spilling out into the limited on-street parking on Tami Crescent, resulting in a parking nuisance in the surrounding neighbourhood. Are the variances considered minor? tn regards to the proposed reduction in the number of parking spaces, planning staff are of the opinion that this variance cannot be considered minor for reasons detailed above. Planning staff are of the opinion that the proposed reduction in the overall size of the parking spaces cannot be considered minor for reasons detailed above. Conclusion Plannino staff do not support the application for a reduction in the number of parkinq spaces provided for the proposed home occupation. Planning staff do not support the proposed reduction in the width of the required parkino spaces. Planning staff have reviewed the application from a planning perspective in the context of the tests set out in the Planning Act and respectfully submit these comments to the Committee of Adjustment as part of their comprehensive review. Prepared by by Planner ks nner Approved by: Michael Seaman, MCP, RPP Director of Planning /as Page 16 of 25

17 Appendix A: Aerial Photograph of Tami Grescent (Source: MiTown 2.0, 2017) Page 17 of 25

18 Appendix B: lmages of Three Cars in Driveway (Source: Meghan McKay, agent for applicant) Page 18 of 25

19 (ffffs ffi TOWN OF GRMSBY File Number A COMMTTEE OF ADJUSTMENT NOTCE OF PUBLC HEARNG OF APPLCATON FOR MNOR VARANCE Agenda item ii) THE PLANNNG ACT, R.S.O. 1990, SECTON 44 AND 45. Name of Applicant REGARDNG AN APPLCATON BY LOCATON OF PROPERTY PHELPS HOMES LTD. #166 MAN STREET WEST, GRMSBY, ON L3M 53 PART LOT 4 CONCESSON 1 #229 CENTRAL AVENUE, GRMSBY, ONTAR O Brief Description As set out in the application PURPOSE OF APPLCATON: TO LEGALZE NEW LOT FRONTAGES OF 17.8 METRES FOR PART 2 AND 19.6 METRES FOR PART 3 AS THE RESULT OF A CONDTONALLY GRANTED LAND CONSENT tn A RESTDENTTAL DETACHED 2 (RD2-25) ZONE AT #227 AND #229 CENTRAL AVENU E, GRMSBY. Zoning Requirement BY-LAW 14-45, AS AMENDED, SECTON 7 RESDENTAL DETACHED RD2-25 Minimum Lot Frontage - 21 Metres (Table 11) TAKE NOTGE that an Application under the above File Number will be heard by the Committee on the date, time and place shown below. DATE: PLAGE: Tuesday, November 7, 2017 MUNCPAL OFFCE, 160 LVNGSTON AVENUE, GRMSBY, ONTARO L3M 4G3 Time: 7:00 p.m. PUBLC HEARNG: You are entitled to attend this Public Hearing in person to express your views about this Application, or you may be represented by Council for that purpose. lf you are aware of any person interested in or affected by this Application who has not received a copy of this Notice, you are requested to inform that person of this Hearing. lf you wish to make written comments on this Application, please forward to the Secretary/Treasurer of the Committee at the address shown below. FALURE TO ATTEND HEARNG: lf you do not attend at the Hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice in the proceedings. Non-attendance of the Applicant and/or his authorized representative or agent may result in the denial of the Application in nce with the Rules of Procedure of the Committee of Adjustment. DATED this 17th day of October, 2017 P.O. Box 1 mittee T, 160 ry/treasurer Adjustment of Grimsby gston Avenue ON L3M 4G3 OVERLEAF/ Page 19 of 25

20 Agenda item ii) 227 and 229 Central Avenue N TONA t JJg. 1O bo o ry ff V 4 c cv (O l^nr ry l{ncv $ cv P LAN R STERED lüt Or or?urr* t J2.48 \ 19 WNSH/P MUNbÞAL A o w,ote 'HS SKFTCH S NTENDED FOR USE OF THE ;OMMTTEE OF ADJUSTMENT ONLY. EASUREMENTS MAY VARY UPON FELD SURVY, Nl or rrcyê(ted Rq CONC ept. 21, 2017 DATE P. KRKUPoffi6sCOEOURE SURVEYNG LMTED W E 49 EASTCHESTER AVENUE, ST. CATHARNES, ONTARO L2P-2Y 6 TELEPHONE (905) r, FAX (905) E-MAL info@iagarasurveyors,com agarasurveyors. com S E : Sept. 21, 2017 JOB No. : DWG FLE: LDCS Page 20 of 25

21 Agenda item ii).*+ nv TO: FROM: RE DATE PLANNNG DEPARTMENT MEMORANDUM J. Schonewille, Secretary/Treasurer Committee of Adjustment Michael Seaman, Director of Planning Minor Variance Application, A-23117,229 Central Avenue November 7,2017 Background An application was submitted to the Town of Grimsby to legalize new lot frontages of 17.8 metres and 19.6 metres as the result of a conditionally granted land consent in a Residential Detached 2 (RD2.25) Zone at#227 and#229 Central Avenue, Grimsby. An application to the Land Division Committee was made to sever the lands into two parts (B ), Part 2 (#227 Central) being 777 square metres of land with a frontage of 17.8 metres and Part 3 (#229 Central) being 859 square metres of land with a frontage of 19.6 metres. The severance application is to convey Part 2 for proposed residential development and retain Part 3 for continued residential use. Approval of the subject minor variance application is required as a condition of approval of consent application (8-09/17) in order to legalize the lot frontages. Do the variances meet the intent of the Official Plan? The subject lands are designated under the Town of Grimsby's Official Plan as Low Density Residential Area with a Hazard Area overlay designation. The intent of the Low Density Residential designation is that stable residential areas be protected from significant redevelopment, while at the same time permitting ongoing evolution and rejuvenation. The proposal involves retaining the existing residential use at Part 3, which is permitted. The current application does not include proposed development at Part 2; however the proposed frontages and lot areas of Parts 2 and 3 are consistent with existing lot patterns of the adjacent properties. The Official Plan requires the new lots fit within the established lot pattern in terms of lot frontages and areas of adjacent development. Planning staff are of the opinion that the requested variances meet the intent of the Otficial Plan. Do the variances meet the intent of the Zoning By-Law? The subject site is located in a Residential Detached 2 (RD2.25) under By-Law 14-45, as amended. The required and proposed regulations included in this application are listed in the following table: tem Required Under By-Law 1445, as amended Proposed Variance Lot Frontage of Part2 21 metres 17.8 metres Lot Frontage of Part 3 21 metres 19.6 metres Page 21 of 25

22 Agenda item ii) The minimum frontage requirement is 21 metres in the Residential Detached 2 (RD2.25) Zone. The proposed severance application (8-09/17) would create 2 parcels with frontages that are less than the requirement and therefore the variances are required in order to permit the severance. The intent of the frontage requirement in the zoning by-law is to ensure that there is consistency in the streetscape by creating lots with consistent frontages. The existing frontages along this section of Central Avenue range from 16.8 metres to 30.5 metres; therefore the proposed frontages of 17.8 metres and 19.6 metres would be consistent with the Central Avenue streetscape. Planning staff are of the opinion that the requested variances meet the intent of the Zoning By- Law. Are the variances desirable for the appropriate development or use of the land? Planning staff are of the opinion that the proposed variances would be desirable for the appropriate development or use of the land as the proposed frontages would be consistent with the established frontages of this section of the CentralAvenue streetscape. Are the variances considered minor? Planning staff are of the opinion that the variances could be considered minor for reasons listed above. Planning staff have reviewed the application from a planning perspective in the context of the tests set out in the Planning Act and respectfully submit these comments to the Committee of Adjustment as part of their comprehensive review. Checked by: Approved by: ce Hogg, Planner tjh Michael Seaman, MCP, RPP Director of Planning Pre Deanna Maiden Junior Planner /dm P Page 22 of 25

23 NOTCE OF HEARNG F LE NO. B- 09/17 COMMTTEE OF ADJUSTMENT AND LAND DVSON 160 LVNGSTON AVENUE P.O. BOX 159 GRMSBY, ONTARO L3M 4G3 ln the matter of the Planning Act; Revised Statutes of Ontario, 1990, Chapter P.l3 and; n the matter of an application for consent on behalf of: PHELPS HOMES LTD Notice is hereby given that an application for consent under the above noted file number will be heard by the Committee of Adjustment for the Town of Grimsby on the date and at the time and place shown below: DATE AND TME: TUESDAY NOVEMBER 7,2017 AT 7:00 PM PLACE: TOWN OF GRMSBY MUNCPAL OFFCES GOUNCL GHAMBERS 60 LVNGSTON AVENUE, GRMSBY This is a public hearing called for the purpose of hearing evidence for or in opposition to the above noted application. lf you are aware of any person interested in or affected by this application who has not received a copy of this notice you are asked to inform that person of this hearing. lf you have comments on this application they may be forwarded in writing to the Secretary-Treasurer at the address above or you may appear in person or by counsel and make a verbal presentation to the Committee. lf a person or public body that files an appeal of a decision of the Committee of Adjustment and Land Division in respect of the proposed consent and does not make oral or wriften submission to the Committee before the consent is considered, the Ontario Municipal Board may dismiss the appeal. A copy of the Notice of Decision of the Committee will be sent to the applicant and to each person/agency who files with the Secretary-Treasurer a written request for a copy of the Notice of Decision. The applicant or the agent of the applicant MUST be present at the hearing. Take notice that if you do not attend this hearing the Committee may proceed in your absence and you will not be entitled to any further notice in the proceedings. LOCATON OF THE LAND AND PURPOSE OF THS APPLCATON: The subject parcel shown as Part 2 on the drawing submitted, having a frontage of metres on the north side of Central Avenue approximately 220 metres east of Baker Road with a lot area of 777 Sq. metres being Part of Lots 25,26 Part of BlocksAand B Registered Plan No. -fp 147,1ots25,29,30 Partof Lots 19 to24and Partof Lots26to28 Registered Plan TP-150 and Part of Lot 4 Concession in the former Township of North Grimsby now in the Town of Grimsby. Application is made for consent to convey 777 Sq. m (Part 2) for proposed residential development. Part 3 being 859 Sq metres of land is to be retained for continued residential use as #229 CenlralAvenue. Date of Mailing October JS LDC 12l00R (905) Page 23 of 25

24 Central Avenue Part 2 Na TONA t Or J39. ',o,bo,o b c\t ry V 4 lt ry o q/ rl "lo Nr cv V q/ ü v P R STERED LAN..,,;.:..,.1 ',,,,,.,:.,,ì'.,,41,, aøq z lor 4 rowys,/p utrv /^* rr4l <-- UUNrcÞAL,\ o w,ote HS SKfl'CH S NTENDED FOR USE OF THE ;OMMTTEE OF ANUSTMENT ONLY. EASUREMENTS MAY VARY UPON FELD SURVÐ. ' "R4y.(ED Ro4D Nl or CONCT: epi. 21, 2017 DATE D 0.Lt.P KRKUPoMSCOEoURE SURVEYNG LMTED 49 EASTCHES]ERAVENT]E, ST. CATARNES, ONTARO L2P-2Y6 TELEPHONE (90Ð 685-s931, FAX (905) E-NA info@aiagara$rrv yon.com wwwniagarasrrveyors.com W S E E : Sept. 21, 2O1 JOB No. : DWG FLE: LDCS Page 24 of 25

25 # n ry PLANNNG DEPARTMENT MEMORANDUM TO J. Schonewille, Secretary/Treasurer Committee of Adjustment FROM: RE: DATE Michael Seaman, Director of Planning Severance Applications 8-09/17, 229 Central Avenue November 7'2017 An application has been submitted to the Town of Grimsby by the owners of the subject lands to sever the lands into two parts. Parl2 being 777 square metres of land with a frontage ol 17.8 metres and Part 3 being 859 square metres of land with a frontage of 19.6 metres. The application is to convey parl2 for residential development and retain Part 3 for continued residential use as #229 Central Avenue. An application to the Committee of Adjustment was also made to legalize the proposed frontages that would result from the approval of the severance application (A-23117). The proposed lots would be similar in frontage and area to the adjacent properties along Central Avenue, therefore the creation of the lots would be consistent with Official Plan policies for lot creation. The proposed consent would separate the existing detached house at 229 Central Avenue from the portion of the lands that is proposed for residential development. The existing zoning for the site is currently Residential Detached 2 (RD2.25) which requires that the lot frontage be 21 metres. An application for a minor variance (A ) was made concurrently with the subject consent application to legalize the new lot frontages of 17.8 metres for Part 2 and 19.6 metres for Part 3, following the severance. Approval of the minor variance application would be required in order for the lots to be in conformity with the zoning requirements. ln summary, Town staff has no objections to the approval of this application on the condition that the applicant obtains zoning conformity for the new lots. Approved by Deanna Maiden, Junior Planner idm RP Michael Seaman, MCP, RPP Director of Planning Checked by: nice Hogg Planner tjh Page 25 of 25