That the Committee of Adjustment Minutes dated July 13, 2016, be received.

Transcription

1 TOWN OF CALEDON 1:00 p.m. Council Chamber, Town Hall Members Present: Chair: B. Duncan G. Cascone J. Metcalfe R. Waldon Members Absent: J. Clark T. Dolson Town Staff Present: Intermediate Planner: C. Di Benedetto Manager of Development - West: R. Hughes Recording Secretary: J. Welosky Community Development Planner: E. Leung Community Planner, Development: M. Mohr Solicitor: J. Bang Secretary-Treasurer: C. Pillsworth CALL TO ORDER The Chair called the meeting to order at 1:02 p.m. DECLARATION OF PECUNIARY INTEREST - none stated. RECEIPT OF MINUTES Moved by J. Metcalfe - Seconded by G. Cascone That the Committee of Adjustment Minutes dated July 13, 2016, be received. REGULAR BUSINESS Requests for Withdrawal/Deferral A Property Location: Coleraine Drive, Bolton (nearest intersection Coleraine Drive north of Mayfield Road) (Ward 5) Purpose: 1) To permit a minimum interior side yard setback of 3.5 metres, whereas the by-law requires a minimum interior side yard setback of 7.5 metres; 2) To permit a minimum landscaped area of 10%, whereas the bylaw requires a minimum landscaped area of 50%; 3) To permit 24% of an Accessory Business Office, whereas the by-law requires 15%; and 4) To permit a minimum rear yard setback of 6.0 metres, whereas the by-law requires a minimum rear yard setback of 7.5 metres. Correspondence was received from the Applicant dated July 26, 2016 requesting deferral of the Minor Variance for six months or sooner. Moved by J. Metcalfe - Seconded by G. Cascone That Application A be deferred for six months or sooner with costs.

2 Page 2 of 10 A Property Location: 352 Pine Avenue, Caiedon (nearest intersection north on Mount Hope Road and west on Pine Avenue) (Ward 4) Purpose: 1) To permit a minimum lot area of 0.47 ha, whereas the by-law requires a minimum lot area of 6.0 ha; 2) To permit a minimum lot frontage of 57.99, whereas the by-law requires a minimum lot frontage of 90.0 m; and 3) To permit a maximum driveway width of (17.84 m), whereas the bylaw permits a maximum driveway width of 8.5 metres. Correspondence was received from the Applicant dated August 5, 2016 requesting deferral of the Minor Variance for six months or sooner and requesting the deferral fees be waived. Moved by R. Waldon - Seconded by J. Metcalfe That Application A be deferred for six months or sooner without costs. A Property Location: 0 Pine Avenue, Caiedon (nearest intersection north on Mount Hope Road and west on Pine Avenue) (Ward 4) Purpose: 1) To permit a minimum lot area of 0.46 ha, whereas the by-law requires a minimum lot area of 6.0 ha; 2) To permit a minimum lot frontage of 57.99, whereas the by-law requires a minimum lot frontage of 90.0 m; and 3) To permit a minimum interior side yard setback for an existing accessory building of 0.38 m within a new lot, whereas the by-law requires a minimum interior side yard setback of 15 metres. Correspondence was received from the Applicant dated August 5, 2016 requesting deferral of the Minor Variance for six months or sooner and requesting the deferral fees be waived. Moved by R. Waldon - Seconded by G. Cascone That Application A be deferred for six months or sooner without costs. A Property Location: 555 King Street, Bolton (nearest intersection King Road and north on Albion Vaughan Road) (Ward 5) Purpose: To permit a second dwelling for a period of two years. Correspondence was received from the Applicant dated August 2, 2016 requesting deferral of the Minor Variance for six months or sooner. Moved by R. Waldon - Seconded by J. Metcalfe That Application A be deferred for six months or sooner without costs. Minor Variance Applications A Property Location: 33 Perdue Court, Caiedon (nearest intersection Airport Road north of Mayfield Road) (Ward 2) Purpose: To permit a transportation depot without a building on the lot; whereas the definition of transportation deport requires that lots containing transportation depots include a building for a period of two years. The Chair inquired if the Agent had any new information to provide.

3 Page 3 of 10 The Agent requested additional time (9 to 12 months) to produce the revised site plan. Staff indicated that they had no objection to the extended time frame, but did not want the project held up unnecessarily. Staff advised they have no new information to provide. The Chair inquired if the Committee members had any questions. Committee members asked a number of questions regarding outstanding by-law infractions. Members received responses from Town staff and the Agent. support of or in opposition of the application. H. Picken, on behalf of Lawrences Lawyers, a law firm representing a developer of lands in close proximity to the subject property, expressed opposition of the application. She indicated that in her opinion, the proposed variance is not minor in nature and does not meet the requirements of a variance. of the commenting agencies and the evidence heard at the hearing Moved by J. Metcalfe - Seconded by G. Cascone That Application A to permit a transportation depot without a building on the lot; whereas the definition of transportation deport requires that lots containing transportation depots include a building for a period of two years (lapses on August 17, 2018) be denied. The decision reflects that in the opinion of the Committee: 1. The variance authorized is not desirable for the appropriate development or use of the land, building or structure referred to in the application. A Property Location: 0 Kennedy Road, Caiedon (Block 19, Lot 28, Draft Plan of Subdivision 21T-06003C) (nearest intersection Kennedy Road and Bonnieglen Farm Boulevard) (Ward 2) Purpose: 1) To permit a detached dwelling within the OS zone, whereas the by-law does not permit detached dwellings within the OS zone; 2) To permit a minimum rear yard setback, from the eastern lot boundary, of 2.4 metres, whereas the by-law does not provide a development standard for dwellings within the OS zone; 3) To permit a minimum rear yard setback, from the northern lot boundary, of 20 metres, whereas the by-law does not provide a development standard for detached dwellings within the OS zone; 4) To permit a minimum front yard setback of 3.05 metres, whereas the by-law does not provide a development standard for detached dwellings within the OS zone; 5) To permit a minimum interior yard setback of 1.25 metres, whereas the by-law does not provide a development standard for detached dwellings within the OS zone; 6) To permit a maximum building height of 11 metres, whereas the by-law does

4 Page 4 of 10 not provide a development standard for detached dwellings within the OS zone; 7) to permit a maximum gross floor area for accessory buildings of 8 square metres; whereas the by-law permit a maximum building area of 5% of the lot on which a residential use exists; 8) to permit a minimum porch depth shall be 1.5 metres, whereas the by-law does not provide a development standard for dwellings within the OS zone; and 9) to measure building height as an average elevation between the established grade at the front of the detached dwelling to median level between eaves and ridge on a peaked roof; whereas the by-law measures building height between finished grade and the median level between eaves and ridge on a peaked roof as they relate to a portion of Block 19 on Draft Plan of Subdivision 21T-06003C, and shown on the attached schedule. The Chair inquired if the Agent had any new information to provide. The Agent advised they have received comments from the Toronto Region Conservation Authority, and advised that they are in agreement with the draft conditions and with comments provided by the Toronto Region Conservation Authority. Staff advised they have no new information to provide. support of or in opposition of the application. No one in attendance came forward. of the commenting agencies and the evidence heard at the hearing Moved by R. Waldon - Seconded by G. Cascone That Application A as amended to permit a parking ratio of 1 parking space per 47 square metres of net floor area as per the site plan prepared by Nestico Architect Inc. revision date June 6, 2016 and attached as Schedule A; whereas the Zoning by-law requires a variety of parking rates dependent of use (If the conditions are not fulfilled no later than December 13, 2016 the minor variance becomes null and void), be approved subject to the following condition: 1. That the Secretary-Treasurer of the Committee of Adjustment receives confirmation from Legal Services that the application has provided the following items: a) Draft Application Consolidation Parcels prepared to the satisfaction of Legal Services consolidating PINS and ; and b) Signed Solicitors Undertaking to provide the registered document listed in (a) immediately after registration of same; and c) Executed and complete owner's authorization on the minor variance application. The decision reflects that in the opinion of the Committee: 1. The variance authorized is desirable for the appropriate development or use of the land, building or structure referred to in the application; and

5 Page 5 of The general intent and purpose of the Zoning By-law and Town of Caiedon Official Plan are maintained and the variance is minor. A Property Location: 222 King Street, Terra Cotta (nearest intersection King Street north west of Heritage Road (Ward 2) Purpose: To permit residential uses and zone standards under the Rural Residential (RR) provisions within a Village Commercial (VC) zone; whereas the CV zone does not permit residential uses and zone standards. The Chair inquired if the property owner had any new information to provide. The property owner provided a list of names of nearby residents in support of the variance to the Secretary-Treasurer. Staff advised that Credit Valley Conservation confirmed they have no concerns with the application. support of or in opposition of the application. No one in attendance came forward. of the commenting agencies and the evidence heard at the hearing Moved by G. Cascone - Seconded by J. Metcalfe That Application A to permit residential uses and zone standards under the Rural Residential (RR) provisions within a Village Commercial (VC) zone; whereas the CV zone does not permit residential uses and zone standards be approved, subject to the following conditions: 1. That the Secretary-Treasurer receive written confirmation from Legal Services that proper owner authorization has been obtained from Albert Hill on the Application for Minor Variance; and 2. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items: a) A registered Application to Annex Restrictive Covenants S. 118 (the "Application") registered on title to the subject property prior to the minor variance approval. The wording of the Application to be inserted into statement 61 is as follows: No Transfer and/or Charge shall be made or registered with respect to Lot 11, Plan CH5 (Chinguacousy) and Lot 24, Plan CH10 (Chinguacousy) without the consent of the Clerk for The Corporation of the Town of Caiedon unless such Transfer and/or Charge is being registered on both Lot 11, Plan CH5 (Chinguacousy) and Lot 24, Plan CH10 (Chinguacousy).

6 Page 6 of 10 Albert Hill and Debbie Hill and their heirs, executors, successors and assigns, covenants that they shall not sell the lands described above without a clause in any subsequent Agreement of Purchase and Sale, requiring that any subsequent purchaser shall consent to the continuation of the restriction and shall complete all necessary consent statements in all electronic documentation consenting to the continuation of this restriction until such time as the restriction is released by the Clerk for The Corporation of the Town of Caiedon. The decision reflects that in the opinion of the Committee: 1. The variance authorized is desirable for the appropriate development or use of the land, building or structure referred to in the application; and 2. The general intent and purpose of the Zoning By-law and Town of Caiedon Official Plan are maintained and the variance is minor. A Property Location: 23 Fountainbridge Drive, Bolton (nearest intersection Highway 50, Landsbridge Street to Fountainbridge Drive) (Ward 5) Purpose: 1) To permit a minimum rear yard setback of 4.2 metres; whereas the by-law requires a minimum rear yard setback of 7.5 metres, as it relates to a proposed covered patio; 2) To permit a minimum interior side yard setback of 1.4 metres; whereas the by-law requires a minimum interior side yard setback of 1.8 metres, as it relates to a roof overhang on a proposed covered patio; 3) To permit a minimum rear yard setback of 0.3 metres for an accessory building; whereas the by-law requires a minimum rear yard setback of 0.6 metres for an accessory building, as it relates to an existing shed; and 4) To permit a minimum interior side yard setback of 0.3 metres for an accessory building; whereas the by-law requires a minimum interior side yard setback of 1.2 metres for an accessory building, as it relates to an existing shed. The Chair inquired if the property owner had any new information to provide. The property owner advised they have no new information to provide. Staff advised they have no new information to provide. support of or in opposition of the application. No one in attendance came forward. of the commenting agencies and the evidence heard at the hearing Moved by J. Metcalfe - Seconded by G. Cascone That Application A to 1) permit a minimum rear yard setback of 4.2 metres; whereas the by-law requires a minimum rear yard setback of 7.5 metres; as it relates to a proposed covered patio and illustrated on the attached site plan; 2) permit a minimum interior side yard setback of 1.4

7 Page 7 of 10 Consent Applications metres, whereas the by-law requires a minimum interior side yard setback of 1.8 metres, as it relates to a proposed covered patio and illustrated on the attached site plan; 3) permit a minimum rear yard setback of 0.3 metres for an existing accessory building; whereas the by-law requires a minimum rear yard setback of 0.6 metres for an accessory building, as it relate3s to an existing shed and illustrated on the attached site plan; and, permit a minimum interior side yard setback of 0.3 metres for an existing accessory building- whereas the by-law requires a minimum interior side yard setback of 1.2 metres for an accessory building, as it relates to an existing shed and illustrated on the attached site plan, be approved as amended. The decision reflects that in the opinion of the Committee: 1. The variance authorized is desirable for the appropriate development or use of the land, building or structure referred to in the application; and 2. The general intent and purpose of the Zoning By-law and Town of Caiedon Official Plan are maintained and the variance is minor. B Property Location: Duffy's Lane, Caiedon (nearest intersection north on Duffy's Lane and south of Emil Kolb Parkway) (Ward 4) Purpose: To sever approximately 4.78 hectares (approximately acres) to merge with the adjacent property of approximately 53 hectares located directly to the north. The proposed severance will provide for the continued use of the severed land as a contiguous farm field to the main farm property. The Chair inquired if the Agent had any new information to provide and if they are agreeable to the draft conditions. The Agent advised that they have no new information to provide and are in agreement with the draft conditions. Staff advised they have no new information to provide. support of or in opposition of the application. No one in attendance came forward. of the commenting agencies and the evidence heard at the meeting Moved by R. Waldon - Seconded by G. Cascone That Application B to sever approximately 4.78 hectares (approximately acres) to merge with the adjacent property of approximately 53 hectares located directly to the north. The proposed severance will provide for the continued use of the severed land as a contiguous farm field to the main farm property, be approved subject to the following conditions:

8 Page 8 of 10 The Secretary-Treasurer shall have been satisfied that the following conditions have been fulfilled within one year of the mailed date noted below and the Secretary-Treasurer's Certificate under the Planning Act shall be given. 1. That the Secretary-Treasurer's Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer's Certificates; and 2. That the Secretary-Treasurer receives draft reference plan(s) for approval by the Development Section; and 3. That the Secretary-Treasurer receives the required number of prints of the resultant deposited reference plan(s); and 4. That the Secretary-Treasurer receives a letter from the Zoning Administrator confirming that both the severed and resultant parcels satisfy all applicable zoning by-law standards. The owner/agent must submit a development plan (drawn to scale in metric) certified by an Ontario Land Surveyor showing sufficient detail for staff to assess compliance with all the applicable standards; and 5. That the Secretary-Treasurer received confirmation from Planning Law indicating that the Applicant has provided the following items: a) Draft Transfer prepared to the satisfaction of Planning Law; b) Draft application to Consolidate Parcels; c) Signed Solicitor's Undertaking to provide the registered documents listed in (a) and (b) immediately after registration of the same. 6. That the Secretary-Treasurer receives written confirmation from Town's Corporate Services department that there are no outstanding financial obligations. The decision reflects that in the opinion of the Committee: 1. Regard has been had to those matters to be regarded under the Planning Act, inasmuch as the dimensions and shape of the lot are adequate for the uses proposed; and 2. Subject to the imposed conditions, the consent to the Conveyance, will not adversely affect the proposed development. B Property Location: 0 Avellino Court, Caiedon (B has the address of 3264 Charleston Sideroad and this would be the retained parcel receiving a second severance and access would be from Avellino Court) (Ward 1) Purpose: To sever approximately hectares (0.87 acres) with a frontage of approximately 45.8 metres to create a residential lot. The Chair inquired if the Agent had any new information to provide and if they are agreeable to the draft conditions.

9 Page 9 of 10 The Agent advised that they have no new information to provide and are in agreement with the draft conditions. Staff advised they have no new information to provide. The Chair inquired if the Committee members had any questions. The Committee members asked a question regarding the Region of Peel's interest in Charleston Sideroad. The Members received responses from the Agent and Town staff. support of or in opposition of the application. T. Ethier, 1615 Chester Drive, expressed her opposition to the proposed severance. She noted concerns regarding the size of the proposed residential dwelling unit, possible safety issues, access to Town services and the impact of the proposed residential dwelling unit on the neighbouring property values. of the commenting agencies and the evidence heard at the meeting Moved by R. Waldon - Seconded by J. Metcalfe That Application B to sever approximately hectares (0.87 acres) with a frontage of approximately 45.8 metres to create a residential lot, be approved subject to the following conditions: The Secretary-Treasurer shall have been satisfied that the following conditions have been fulfilled within one year of the mailed date noted below and the Secretary-Treasurer's Certificate under the Planning Act shall be given. 1. That the Secretary-Treasurer's Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer's Certificates; and 2. That the Secretary-Treasurer receives draft reference plan(s) for approval by the Development Section; and 3. That the Secretary-Treasurer receives the required number of prints of the resultant deposited reference plan(s); and 4. That the Secretary-Treasurer receives a letter from the Zoning Administrator confirming that both the severed and retained parcels satisfy all applicable zoning by-law standards. The owner/agent must submit a development plan (drawn to scale in metric) certified by an Ontario Land Surveyor showing sufficient detail for staff to assess compliance with all the applicable standards; and 5. That the Secretary-Treasurer receive written confirmation that a cheque made payable to the Town of Caiedon for cash-in-lieu of parkland in accordance with Section 53(13) of the Planning Act and Town by-law The amount of cash-in-lieu of parkland dedication owed to the Town will be determined though the submission of a 'form' appraisal that

10 Page 10 of 10 ADJOURNMENT meets the Canadian Uniform Standards of Professional Appraisal Practice 'CUSPAP' standards; and 6. That the Secretary-Treasurer receive written confirmation from the Site Plan Co-ordinator, Planning that the applicant has submitted a grading/servicing plan showing the proposed and existing grades and service locations. The drawing shall be stamped and signed by a professional engineer licensed in the Province of Ontario and shall be in compliance with the Town's development standards; and 7. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items: a) Draft Transfer prepared to the satisfaction of Legal Services for each severed lot; b) Signed Solicitor's Undertaking to provide the registered documents listed in (a) immediately after registration of the same. 8. That the Secretary-Treasurer receives written confirmation from Town's Corporate Services department that there are no outstanding financial obligations; and 9. That the Secretary-Treasurer receives written confirmation from Legal Services that the transfer effecting Consent Application B has been registered. The decision reflects that in the opinion of the Committee 1. Regard has been had to those matters to be regarded under the Planning Act, inasmuch as the dimensions and shape of the lot are adequate for the uses proposed; and 2. Subject to the imposed conditions, the consent to the Conveyance, will not adversely affect the proposed development. On verbal motion moved by J. Metcalfe and seconded by G. Cascone, the hearing adjourned at 2:29 p.m. Brenda Duncan Chair Cindy Pillsworth Secretary-Treasurer