Committee of Adjustment Agenda

Transcription

1 Committee of Adjustment Agenda Hearing Date: November 24, 2016 Time: 7:15 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Staff reports obtained online do not include hard copy information associated with the file (i.e. key maps, additional correspondence received etc.). For a comprehensive report please contact Committee of Adjustment Staff at Staff reports are subject to change. Call to Order Disclosure of Pecuniary Interest Requests for Adjournment /Withdrawals from November 24, 2016 Agenda New Applications: Item A: Consent Application B037/16 (445 Carrville Road) To sever a parcel of land for residential purposes, approximately metres (51.64 feet) by metres ( feet), approximately square metres (9, square feet) and retain a parcel of land approximately metres (58.66 feet) by irregular, approximately square metres (16, square feet). The severed land will front onto Petrolia Court and the retained land will front onto Carrville Road. Item B: Consent Application B038/16 (71 Snively Street) To sever a parcel of land for residential purposes, approximately metres (60.07 feet) by irregular, approximately square metres (7, square feet) and retain a parcel of land approximately metres (55.77 feet) by irregular approximately square metres (6, square feet). Both the severed and retained land will have frontage onto Snively Street.

2 Item C: Consent Application B039/16 (16 Birch Avenue) To sever a parcel of land for residential purposes, approximately metres (50.85 feet) by metres ( feet), approximately square metres (10, square feet), and retain a parcel of land approximately metres (50.85 feet) by metres ( feet) approximately square metres (10, square feet). The severed and retained parcels will have frontage onto Birch Avenue and the existing single family dwelling, shed and swimming pool are to be demolished. Item D: Minor Variance Application A097/16 (16 Birch Avenue) To provide relief from the provisions of By-law 2523, as amended, to permit a reduced minimum interior side yard setback (east) from 1.52 metres (5.00 feet) to 1.22 metres (4.00 feet) and a reduced minimum interior side yard setback (west) from 1.52 metres (5.00 feet) to 1.23 metres (4.04 feet) to accommodate the construction of a proposed single family dwelling on the severed parcel (Consent Application B039/16). Item E: Minor Variance Application A098/16 (16 Birch Avenue) To provide relief from the provisions of By-law 2523, as amended, to permit a reduced minimum interior side yard setback (east) from 1.52 metres (5.00 feet) to 1.23 metres (4.04 feet) and a reduced side yard setback (west) from 1.52 metres (5.00 feet) to 1.22 metres (4.00 feet) to accommodate the construction of a proposed single family dwelling on the retained parcel (Consent Application B039/16). **Items C, D & E will be dealt with concurrently Item F: Consent Application B040/16 (163 Douglas Road) To sever a parcel of land for residential purposes, approximately 7.70 metres (25.26 feet) by metres ( feet), approximately square metres (3, square feet) as a lot addition to be merged on title with the property to the west (municipally known as 155 Douglas Road) and retain a parcel of land approximately metres (50.00 feet) by metres ( feet) approximately square metres (7, square feet). The severed and retained land will have frontage onto Douglas Road and the existing single family dwelling is to be demolished. Item G: Consent Application B041/16 (155 Douglas Road) To sever a parcel of land for residential purposes, approximately metres (50.00 feet) by ( feet), approximately square metres (7, square feet) and retain a parcel of land approximately metres (50.00 feet) by ( feet), approximately square metres (7, square feet). The severed and retained parcel will have frontage onto Douglas Road and the existing single family dwelling is to be demolished. **Items F & G will be dealt with concurrently

3 Item H: Consent Application B042/16 (9785 Bayview Avenue) To obtain consent for an easement over Part 2 (servient land), as shown on the draft Reference Plan submitted with the application, prepared by Ivan B. Wallace, in favour of the lands to the north, municipally known as 9791 Bayview Avenue (dominant land). The purpose of the easement is to allow for access and maintenance of a private sewer connection. Item I: Minor Variance Application A082/16 (78 Bond Crescent) To provide relief from the provisions of By-law 1275, as amended, to permit reduced minimum interior side yard setbacks (east and west) from 1.52 metres (5.00 feet) to 1.50 metres (4.92 feet) to accommodate the construction of a proposed single family dwelling. Relief is also being requested to recognize the existing (deficient) lot frontage from metres (75.00 feet) to metres (51.51 feet) and to permit an accessory use (swimming pool) without a main permitted use (dwelling). Item J: Minor Variance Application A084/16 (12600 Bayview Avenue) To provide relief from the provisions of By-law 85-02, as amended, to permit increased maximum building height from 5.25 metres (17.22 feet) to 7.01 metres (23.00 feet) and increased maximum canopy height from 5.25 metres (17.22 feet) to 5.92 metres (19.42 feet) to accommodate the construction of a proposed convenience store and *gas bar. *The canopy is to support a proposed gas bar. Item K: Minor Variance Application A085/16 (52 Plowman Lane) To provide relief from the provisions of By-law 38-95, as amended, to permit an increased maximum deck size from square metres ( square feet) to square metres ( square feet) to accommodate the construction of a proposed deck. Item L: Minor Variance Application A086/16 (60 Plowman Lane) To provide relief from the provisions of By-law 38-95, as amended, to permit an increased maximum deck size from square metres ( square feet) to square metres ( square feet) to accommodate the construction of a proposed deck.

4 Item M: Minor Variance Application A094/16 (452 Paliser Crescent South) To provide relief from the provisions of By-law 66-71, as amended by By-law , to permit a reduced minimum interior side yard setback (east) from 2.11 metres (6.92 feet) to 1.57 metres (5.15 feet), a reduced minimum interior side yard setback (west) from 2.11 metres (6.92 feet) to 1.50 metres (4.92 feet), increased maximum gross floor area from square metres (2, square feet) to square metres (3, square feet), and increased maximum lot coverage from 30.00& to 31.20% to accommodate the construction of a proposed single family dwelling. Relief is also being requested to recognize the existing (deficient) lot frontage from metres (50.00 feet) to metres (47.55 feet). Item N: Minor Variance Application A095/16 (419 Palmer Avenue) To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced minimum interior side yard setback (east) from 2.10 metres (6.89 feet) to 1.50 metres (4.92 feet), a reduced minimum side yard setback (west) from 2.10 metres (6.89 metres) to 1.55 metres (5.09 feet), increased maximum gross floor area from m 2 (2, ft 2 ) to square metres (3, square feet), increased maximum lot coverage from 30.00% to 34.59%, and increased maximum building height from 8.50 metres (27.89 feet) to 9.29 metres (30.48 feet) to accommodate the construction of a proposed single family dwelling. Item O: Minor Variance Application A096/16 (Future 108 Dexter Road) To provide relief from the provisions of By-law 2523, as amended, to permit a reduced minimum interior side yard setback (east) from 1.52 metres (5.00 feet) to 1.22 metres (4.00 feet), a reduced minimum interior side yard setback (west) from 1.52 metres (5.00 feet) to 1.21 metres (3.96 feet), and increased maximum lot coverage from 30.00% to 35.00% to accommodate the construction of a proposed single family dwelling. Item P: Minor Variance Application A099/16 (62 Westwood Lane) To provide relief from the provisions of By-law 2523, as amended, to permit a reduced minimum front yard setback from 9.14 metres (30.00 feet) to 8.84 metres (29.00 feet), a reduced minimum rear yard setback from 7.62 metres (25.00 feet) to 6.09 metres (19.98 feet)and increased maximum lot coverage to accommodate the construction of a proposed single family dwelling. Other Business Approval of Minutes: November 3, 2016 Meeting Motion to Adjourn

5 Committee of Adjustment Staff Report Agenda Item: A Application Information: Consent Application B037/16 Related Applications: None Subject Land: 445 Carrville Road Name of Owner: William Harry Perks & Lynda Joy Perks Name of Agent: N/A Committee of Adjustment Meeting Date: November 24, 2016 The Request: To sever a parcel of land for residential purposes, approximately metres (51.64 feet) by metres ( feet), approximately square metres (9, square feet) and retain a parcel of land approximately metres (58.66 feet) by irregular, approximately square metres (16, square feet). The severed land will front onto Petrolia Court and the retained land will front onto Carrville Road. Present Designation: Official Plan: Neighbourhood Zoning Classification: R3 Zone Zoning By-law: By-law No. 2523, as amended Zoning Provisions: Minimum Lot Frontage: 50 ft (15.24 metres) Minimum Lot Area: 6,000 sq. ft. (557.4squar metres Minimum Front Yard Setback: 25 ft (7.62 metres) Minimum Side Yard Setback: 5 ft (1.52 metres) Minimum Rear Yard Setback: 25 ft (7.62 metres) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are largely vacant; there is an existing dwelling within the northern portion of the owner s lands. Adjacent Land Conditions North: Carrville Rd. South: Petrolia Court

6 East: Existing Residential West: Existing Residential Comments Received From Municipal Departments & Outside Agencies: Committee of Adjustment: This application was circulated to the commenting departments and agencies on October 31, Public notice was mailed on November 10, The applicant confirmed posting of public notice sign on November 8, 2016 Previous and/or Concurrent applications on the subject lands: B045/00 New Lot; Approved A055/00 Frontage; Approved A056/00 SYS; Approved Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of noncompliance with respect to the Zoning By-Law. The lot appears to have obtained lot frontage via Plans of Subdivision 65M-4049 and 65M Planning: The lands that are proposed to be severed are part of a deep lot which fronts onto both Carrville Road and Petrolia Court. The owner previously severed a similar lot directly to the west of the lot that is proposed to be created through this application. The proposed severed parcel will front onto Petrolia Court and will conform to the R3 development standards. It will also be similarly sized as the adjacent lots fronting onto Petrolia Court. Therefore Staff supports the proposed consent as it is appropriate to facilitate future development of the lots fronting onto Petrolia Court. Development Engineering: To follow. Parks & Natural Heritage: The property is subject to Tree Preservation By-law No Cutting and injuring trees (including neighbouring and Town owned trees) greater than 20 centimetres diameter breast height requires permission (i.e. a permit) from Town staff prior to the undertaking. Future plans should consider a construction and grading plan that retains healthy mature trees on tie (i.e. at the rear of the severed lot).

7 By-law Enforcement: No response. Heritage: Corporate & Financial Services: 1. No parkland or Cash-in-lieu is required as a condition of consent. However the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the foregoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement, he or she may voluntarily pay an Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the Finance Department. 2. Payment of all current and outstanding taxes to date of consent. 3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit issuance. Water meter and tree charges are also applicable at that time. Powerstream: No objections (comments attached). Enbridge: No objections (comments attached). Bell Canada: No response. York Region Transportation * Community Planning Department: York Region has review Consent Application B037/16. With respect to the application, the Region has no objection in principle, subject to the following conditions of approval: 1. Prior to final approval, the owner shall submit to York Region the applicable fees for Consent review as identified in By-law No , as amended. 2. Prior to final approval, York Region shall certify that the above condition has been met to its satisfaction. Comments have been attached. Toronto & Region Conservation Authority: No comments, concerns or objections. CN Rail: TransCanada Pipeline:

8 Abutting Municipality: Ministry of Transportation: No objections. Infrastructure Ontario: Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended: Reference # Department / Agency Contact: Condition: 1. Development Engineering: Michael Ayers Development Engineering: Michael Ayers Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands; 2. Obtain the Town's approval of the grading plan referred to in (1); 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions

9 3. Development Engineering: Mario Di Salvo That the applicant prepares and deposits a reference plan detailing the portion of the existing reserve block bounding the subject lands and the existing municipal right of way, as a separate part. For the applicant s information, and to allow adequate processing time, this reference plan must be submitted six weeks prior to the applicants anticipated completion of the severance. This is due to the need for an authorizing By-Law to be enacted prior to the lifting of the subject portion of the reserve block, providing access for the severed or retained lands of municipal services and the right of way. The existing reserve adjacent to the road allowance is to be: Dedicated as a public highway. The necessary By-Law must be enacted prior to satisfaction of the condition. 4. Finance: Anna Romano Finance: Anna Romano No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department). Payment of all current and outstanding taxes to date of consent.

10 6. Regional Municipality of York Gabrielle Hurst ext Regional Municipality of York Gabrielle Hurst ext Committee of Adjustment: Christine Vigneault Committee of Adjustment: Christine Vigneault The owner shall submit to York region the applicable fees for Consent review as identified in By-law No as amended. York Region shall certify that the above condition has been met to its satisfaction. That the applicant provides the secretary-treasurer with the legal description of the severed land in the form of a letter or draft transfer prepared by the applicant s solicitor. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms substantially with the application as submitted. Reasons for approval: 1. The proposal conforms to Section 51(24) as required of the Planning Act. 2. The proposal conforms to the Town of Richmond Hill Official Plan. 3. The proposal conforms to the Provincial Policy Statements as required by Section 3(1) of the Planning Act. Questions regarding this Staff Report can be directed to: Town of Richmond Hill Committee of Adjustment 225 East Beaver Creek Road, 4 th Floor Richmond Hill, ON L4B 3P4 committeeofadjustment@richmondhill.ca Telephone: or If you wish to obtain a copy of the Committee s Decision with respect to this application you must make a written request and provide your full name and mailing address to Committee of Adjustment staff.

11 Committee of Adjustment Staff Report Agenda Item: B Application Information: Consent Application B038/16 Related Applications: None Subject Land: 71 Snively Street Name of Owner: Ontario Limited Name of Agent: MMM Group Limited Committee of Adjustment Meeting Date: November 24, 2016 The Request: To sever a parcel of land for residential purposes, approximately metres (60.07 feet) by irregular, approximately square metres (7, square feet) and retain a parcel of land approximately metres (55.77 feet) by irregular approximately square metres (6, square feet). Both the severed and retained land will have frontage onto Snively Street. Present Designation: Official Plan: Neighbourhood Zoning Classification: Single Detached Six (R6) Zone and Open Space (O) Zone Zoning By-law: By-law No , as amended Zoning Provisions: Minimum Lot Frontage: 15.0 metres (49.21 feet) Minimum Lot Area: square metres (5, square feet) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the south side of Snively Street, west of Bayview Avenue and north of Lake Wilcox and support a single detached dwelling that is to be demolished. The lands abut residential uses to east, Snively Street to the north, open space to the south and an unopened road allowance (Glenmore Avenue) to the west. In addition, the lands contain a portion of the Minimum Vegetation Protection Zone for the Key Natural Heritage Feature located to the south of the subject lands. It should be noted that a Zoning By-law Amendment (By-law 64-16) was approved by Council in 2016 to rezone the lands to Single Detached Six (R6)

12 Zone and Open Space (O) Zone under By-law , as amended, to facilitate the creation of one (1) additional building lot. The subject lands are situated within the Town s Site Plan Control Area. In this regard, Site Plan approval will be required with respect to any future development on the proposed dwelling lots. Comments Received From Municipal Departments & Outside Agencies: Committee of Adjustment: This application was circulated to the commenting departments and agencies on October 31, Public notice was mailed on November 10, The applicant confirmed posting of public notice sign on November 10, 2016 Previous and/or Concurrent applications on the subject lands: D Zoning By-law Amendment (Approved) Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of noncompliance with respect to the Zoning By-Law. The following clause be added as a condition of consent: That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No and that the Owner demolish the single family dwelling and remove all debris to the satisfaction of the Chief Building Official Planning: The applicant is seeking approval to create one (1) additional single detached lot fronting onto Snively Street. In support of this proposal, the following consent is requested: to sever a parcel of land for residential purposes having a lot frontage of metres (60.07 feet) and a lot area of square metres (8, square feet); and, to retain a parcel of land having a lot frontage of 17.0 metres (55.77 feet) and a lot area of square metres (6, square feet). Planning staff has reviewed the proposed lot creation through the related Zoning By-law Amendment application and concludes that the proposed lot fabric is in keeping with the existing patterns of development within the neighbourhood and conforms to the applicable provisions of the Zoning by-law. The lands containing the Minimum Vegetation Protection Zone for the Key Natural Heritage Feature located to the south of

13 the subject lands have been zoned Open Space (O) Zone under By-law and shall be conveyed to the Town. Subject to Official Plan Policy 3.2.1(8), The Town shall seek the dedication of key natural heritage features and key hydrological features and their associated minimum vegetation protection zone(s) through the development process to an appropriate public agency at no public expense. In this regard, staff recommends that the Town seek the dedication of the lands zoned Open space (O) Zone. It should be noted that the conveyance of the above described lands, in addition to land to be conveyed for daylighting purposes, was addressed through the related Zoning By-law Amendment application and will not create an issue of noncompliance with respect to the minimum lot area provisions of the Zoning by-law. On the basis of the preceding, Planning staff recommends that consent applications B038/16 be approved, subject to the following condition: that the lands zoned Open Space (O), defined as Part 4 on the enclosed Concept Plan, dated October 5, 2016, be dedicated to the Town at no public expense. The precise dimensions are to be confirmed through a deposited reference plan and are to be substantially in accordance with the approved drawings, subject to approval by the Commissioner of Planning and Regulatory Services. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation reserve. The Development Engineering Section has reviewed the subject application and based the materials submitted and our findings we have no concerns or objections, at this time. Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and revision (if required) as part of the Building Permit Application process, and adherence to the Town s Lot grading standards. Conveyance of Lands Condition That the Applicant convey to the Town, free of all costs, objects, structures, and encumbrances, the necessary road widening, determined by a legal survey, to establish: A standard 4.5 metre x 4.5 metre daylighting triangle adjoining the subject property at the intersection of the existing rights-of-way being Snively Street and Glenmore Avenue. That the Applicant prepares and deposits a reference plan detailing the road widening and or the daylighting triangle, following the Town s review and acceptance of same. The applicant s surveyor must submit draft reference plans for Town review prior to deposition, to the attention of Mr. Erik Loorand, Development Engineering Programs Coordinator, Development Engineering Division, (905)

14 Grading Condition That the applicant: Reference # Condition Description 1. Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands; 2. Obtain the Town's approval of the grading plan referred to in (1); 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. Further Grading Related Information Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be directed to Mike Ayers, Development Engineering Technologist, Development Engineering Division, The Town's current fees for such services are as per the currently amended Tariff of Fees By-law Fee Description: Fee: Plan Review Agreement Preparation $ HST $ HST Registration/Admin $ Install Catchbasin Survey Layout C.C.T.V. Scan Install 250 mm Catchbasin Lead Install Cleanout $2, HST $ HST $ HST or 1, HST (x2) $ per metre + HST $ HST

15 Decommission Catchbasin $ HST Registered Plans That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions. Service Connection Condition That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town s fees for standard configuration of services are as follows and may change at any time without notice: Fee Description: Fee: 25 mm water service $ per metre + HST Combined 25 mm water service with storm or sanitary Disconnect Water service Water disconnect in a combined trench $ per metre + HST $ HST $ HST 125 sanitary service $1, per metre + HST 150 storm service $1, per metre (if applicable) + HST Combined storm and sanitary service Disconnect Storm or Sanitary Storm or Sanitary disconnect in a combined trench C.C.T.V. scan $1, per metre (if applicable and if in same trench) + HST $ HST each $ HST each $ HST Arrangements and payment for service connections can be made through Mr. Mario DiSalvo Maintenance & Operations Division, Community Services Department, (905) Parks & Natural Heritage: To follow. By-law Enforcement: No response.

16 Heritage: Corporate & Financial Services: 1. No parkland or Cash-in-lieu is required as a condition of consent. However the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the foregoing, which agreement must be registered on title to the retained parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement, he or she may voluntarily pay an Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the Finance Department. 2. Payment of all current and outstanding taxes to date of consent. 3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit issuance. Water meter and tree charges are also applicable at that time. 4. The Town will require land to be conveyed for park or other public recreation purposes or at the option, the Town will require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act for the severed lands unless the Finance department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished (must build within four ears from the date of demolition). 5. Development charges will also be applicable on the severed lands prior to building permit issuance unless the finance and administration department received documentation that levies were paid on these lands, or that an existing structure is to be demolished (must building within four years from the date of demolition). 6. The applicant/owner must enter into an agreement providing for payment of area specific Development Charges at the time of the execution of the Agreement. Powerstream: No objections (comments attached). Enbridge: No objections (comments attached). Bell Canada: No response. York Region Transportation * Community Planning Department: No objections. Toronto & Region Conservation Authority: TRCA staff have no objection to the above ntoed application as currently submitted, subject to the following conditions:

17 1. That the applicant remits the outstanding TRCA Planning Services review fee of $1, within 60 days of this letter. 2. That the buffer lands as identified in the supporting documents for the Zoning application be conveyed into public ownership (Part 4, Draft Reference Plan, prepared by MMM Geomatics Ontario Ltd., received by the TRCA April 5, 2016). 3. That the Restoration Plan (prepared by MMM Group Ltd., dated January 2016, received by the TRCA February 11, 2016) is implemented on the southern portion of the subject property prior to conveyance of buffer lands into public ownership. TRCA comments have been attached. CN Rail: TransCanada Pipeline: Abutting Municipality: Ministry of Transportation: No objections. Infrastructure Ontario: Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended: Department / Agency Reference # Condition: Contact: 1. Building/Zoning That the Owner apply to and receive from the Council of Karen Rae the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No and that the Owner demolish the single family dwelling and remove all debris to the satisfaction of the Chief Building Official

18 Development Engineering: Erik Loorand Development Engineering: Michael Ayers Development Engineering: Michael Ayers That the Applicant convey to the Town, free of all costs, objects, structures, and encumbrances, the necessary road widening, determined by a legal survey, to establish: A standard 4.5 metre x 4.5 metre daylighting triangle adjoining the subject property at the intersection of the existing rights-of-way being Snively Street and Glenmore Avenue. That the Applicant prepares and deposits a reference plan detailing the road widening and or the daylighting triangle, following the Town s review and acceptance of same. The applicant s surveyor must submit draft reference plans for Town review prior to deposition, to the attention of Mr. Erik Loorand, Development Engineering Programs Coordinator, Development Engineering Division, (905) Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands; 2. Obtain the Town's approval of the grading plan referred to in (1); 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions

19 Development Engineering: Mario Di Salvo Finance: Anna Romano Finance: Anna Romano Finance: Anna Romano Toronto and Region Conservation Authority Lisa Hosale ext Toronto and Region Conservation Authority Lisa Hosale ext That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town s fees for standard configuration of services are as follows and may change at any time without notice: Payment of all current and outstanding taxes to date of consent. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, which agreement must be registered on title to the retained parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $ to reimburse the Town for the cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department). The applicant/owner must enter into an agreement providing for payment of area specific Development Charges at the time of the execution of the Agreement. That the applicant remits the outstanding TRCA Planning Services review fee of $1, within 60 days of this letter. That the buffer lands as identified in the supporting documents for the Zoning application be conveyed into public ownership (Part 4, Draft Reference Plan, prepared by MMM Geomatics Ontario Ltd., received by the TRCA April 5, 2016).

20 Toronto and Region Conservation Authority Lisa Hosale ext Committee of Adjustment: Christine Vigneault Committee of Adjustment: Christine Vigneault That the Restoration Plan (prepared by MMM Group Ltd., dated January 2016, received by the TRCA February 11, 2016) is implemented on the southern portion of the subject property prior to conveyance of buffer lands into public ownership. That the applicant provides the secretary-treasurer with the legal description of the severed land in the form of a letter or draft transfer prepared by the applicant s solicitor. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms substantially with the application as submitted. Reasons for approval: 1. The proposal conforms to Section 51(24) as required of the Planning Act. 2. The proposal conforms to the Town of Richmond Hill Official Plan. 3. The proposal conforms to the Provincial Policy Statements as required by Section 3(1) of the Planning Act. Questions regarding this Staff Report can be directed to: Town of Richmond Hill Committee of Adjustment 225 East Beaver Creek Road, 4 th Floor Richmond Hill, ON L4B 3P4 committeeofadjustment@richmondhill.ca Telephone: or If you wish to obtain a copy of the Committee s Decision with respect to this application you must make a written request and provide your full name and mailing address to Committee of Adjustment staff.

21 Committee of Adjustment Staff Report Agenda Item: C Application Information: Consent Application B039/16 Related Applications: None Subject Land: 16 Birch Avenue Name of Owner: Canada Corporation (Beneficial Owner) Name of Agent: Raymond F.L. Floyd Committee of Adjustment Meeting Date: November 24, 2016 The Request: To sever a parcel of land for residential purposes, approximately metres (50.85 feet) by metres ( feet), approximately square metres (10, square feet), and retain a parcel of land approximately metres (50.85 feet) by metres ( feet) approximately square metres (10, square feet). The severed and retained parcels will have frontage onto Birch Avenue and the existing single family dwelling, shed and swimming pool are to be demolished. Present Designation: Official Plan: Neighbourhood Zoning Classification: Single Family Three (R3) Zone Zoning By-law: By-law No. 2523, as amended Zoning Provisions: Minimum Lot Frontage: metres (50.0 feet) Minimum Lot Area: square metres (6,000 square feet) Minimum Front Yard Setback: 7.62 metres (25.0 feet) Minimum Side Yard Setback: 1.52 metres (5.0 feet) Minimum Rear Yard Setback: 7.62 metres (25.0 feet) Maximum Building Height: metres (35.0 feet) Maximum Lot Coverage: 30% Maximum Porch / Stairs Encroachment: 0.9 metres (3.0 feet) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the north side of Birch Avenue, west of Avenue Road. The lands currently support a single-detached dwelling, swimming pool, and

22 two accessory structures which are to be demolished in order to construct two new single-detached dwellings. Comments Received From Municipal Departments & Outside Agencies: Committee of Adjustment: This application was circulated to the commenting departments and agencies on October 31, Public notice was mailed on November 10, The applicant confirmed posting of public notice sign on November 3, 2016 Previous and/or Concurrent applications on the subject lands: A097/16 Side yard setbacks east and west (Concurrent Application) A098/16-- Side yard setbacks east and west (Concurrent Application) Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of noncompliance with respect to the Zoning By-Law. The following clause be added as a condition of consent: That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No and that the Owner demolish the single family dwelling and remove all debris to the satisfaction of the Chief Building Official *Please note that the property is zoned R3 under By-law 2523, not R1(S) as indicated in the application form. Planning: The applicant is seeking approval to sever the subject lands in order to create one additional building lot for residential purposes with frontage onto Birch Avenue. The severed lot will measure approximately 15.5 metres (50.87 feet) by 65.0 metres ( feet), approximately square metres ( square feet each. The retained land will measure approximately 15.5 metres (50.87 feet) by 65.0 metres ( feet), approximately square metres ( square feet each. In order to facilitate the above-described severance, the applicant is requesting relief from By-law No. 2523, as amended, to permit reduced side yard setbacks on both the east and west side for both the severed and retained parcel. In support of this request, the following variances are proposed: reduced minimum side yard setbacks (east) from 1.52 metres (5.00 feet) as required, to 1.23 metres (4.04 feet) as required (retained);

23 reduced minimum side yard setbacks (east) from 1.52 metres (5.00 feet) as required, to 1.22 metres (4.00 feet) as required (retained); reduced minimum side yard setbacks (east) from 1.52 metres (5.00 feet) as required, to 1.22 metres (4.00 feet) as required (severed); and, reduced minimum side yard setbacks (east) from 1.52 metres (5.00 feet) as required, to 1.23 metres (4.04 feet) as required (severed). The requested variances for reduced side yard setbacks on both the retained and severed parcel are considered to be appropriate. The surrounding lot fabric includes a range of lot sizes and has been subject to infill development of a similar nature. Staff therefore considers the proposal appropriate and do not foresee any negative impacts of the proposed variances in regards to lot fabric and character of the surrounding area. On the basis of the preceding, Planning staff concludes that the one (1) additional building lot to be created through the proposed severance is generally compatible with the existing lot fabric and character of the surrounding area. In addition, the requested variances are considered to be appropriate within the context of the neighbourhood. The proposal meets the four (4) conditions described under Section 45(1) of the Planning Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law and of the Town s Official Plan. Planning staff recommends approval of the consent application B039/16 and minor variance applications A097/16 and A098/16. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation reserve. The Development Engineering Section has reviewed the subject application and based the materials submitted and our findings we have no concerns or objections, at this time. Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and revision (if required) as part of the Building Permit Application process, and adherence to the Town s Lot grading standards. Grading Condition That the applicant: Reference # Condition Description 1. Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the

24 Reference # Condition Description adjoining lands; 2. Obtain the Town's approval of the grading plan referred to in (1); 3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. Further Grading Related Information Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be directed to Mike Ayers, Development Engineering Technologist, Development Engineering Division, The Town's current fees for such services are as per the currently amended Tariff of Fees By-law Fee Description: Fee: Plan Review Agreement Preparation $ HST $ HST Registration/Admin $ Install Catchbasin Survey Layout C.C.T.V. Scan Install 250 mm Catchbasin Lead Install Cleanout Decommission Catchbasin $2, HST $ HST $ HST or 1, HST (x2) $ per metre + HST $ HST $ HST

25 Registered Plans That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions. Service Connection Condition That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town s fees for standard configuration of services are as follows and may change at any time without notice: Fee Description: Fee: 25 mm water service $ per metre + HST Combined 25 mm water service with storm or sanitary Disconnect Water service Water disconnect in a combined trench $ per metre + HST $ HST $ HST 125 sanitary service $1, per metre + HST 150 storm service $1, per metre (if applicable) + HST Combined storm and sanitary service Disconnect Storm or Sanitary Storm or Sanitary disconnect in a combined trench C.C.T.V. scan $1, per metre (if applicable and if in same trench) + HST $ HST each $ HST each $ HST Arrangements and payment for service connections can be made through Mr. Mario DiSalvo Maintenance & Operations Division, Community Services Department, (905) Parks & Natural Heritage: The property is subject to Tree Preservation By-law No Any future works on the property should direct construction and grading (including side yard swales) outside of the tree protection zone of retained trees. The recommendations of the arborist report should be adhered to. By-law Enforcement: No response.