Committee of Adjustment Agenda

Transcription

1 Committee of Adjustment Agenda Hearing Date: July 6, 2017 Time: 7:00 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 or committeeofadjustment@richmondhill.ca. Staff Reports are subject to change. Call to Order Disclosure of Pecuniary Interest Requests for Adjournment /Withdrawals from July 6, 2017 Agenda New Applications Item A: Consent Application B002/17 (96 Elmwood Avenue) To sever a parcel of land for residential purposes, approximately metres (43.73 feet) by metres (79.98 feet), approximately square metres (3, square feet) and retain a parcel of land approximately metres (43.73 feet) by irregular, approximately square metres (3, square feet). The severed and retained land will have frontage into Ruggles Avenue. The existing single family dwelling and accessory structure (shed) are to be demolished. Item B: Minor Variance Application A010/17 (96 Elmwood Avenue) To provide relief from the provisions of By-law 66-71, as amended, to permit reduced lot area from square metres to (5, square feet) to square metres (3, square feet), reduced lot frontage from metres (50.00 feet) to metres (43.73 feet) on the severed land to facilitate Consent Application B002/17. Relief is also being requested to permit reduced minimum front yard setback from 6.10 metres (20.00 feet) to 5.80 metres (19.02 feet), reduced minimum rear yard setback from 7.62 metres (25.00 feet) to 4.14 metres (13.58 feet), reduced minimum interior side yard setback north from 2.11 metres (6.92 feet) to 1.20 metres (3.93 feet), reduced interior side yard setback (south) from 2.11 metres (6.92 feet) to 1.47 metres (4.82 feet), increased maximum gross floor area from square metres (2, square feet) to square metres (2, square feet), increased maximum lot coverage from 30.00% to 42.61% and increased maximum building height from 8.50 metres (27.89 feet) to 9.28 metres (30.44 feet) to accommodate the construction of a proposed single family dwelling on the severed lands. Committee of Adjustment Agenda: July 6, 2017 Page 1

2 Item C: Minor Variance Application A011/17 (96 Elmwood Avenue) To provide from the provisions of By-law 66-71, as amended, to permit reduced lot area from square metres (5, square feet) to square metres (3, square feet), reduced lot frontage from metres (50.00 feet) to metres (43.73 feet) on the retained land to facilitate consent application B002/17. Relief is also being requested to permit reduced minimum front yard setback from 6.10 metres (20.00 feet) to 5.80 metres (19.02 feet), reduced minimum rear yard setback from 7.62 metres (25.00 feet) to 4.70 metres (15.41 feet), reduced minimum exterior side yard (flankage) setback from 3.04 metres (10.00 feet) to 1.20 metres (3.93 feet), reduced interior side yard setback (south) from 2.72 metres (8.92 feet) to 1.20 metres (3.93 feet), increased maximum gross floor area from square metres (2, square feet) to square metres (3, square feet), increased maximum lot coverage from 30.00% to 47.22%, increased maximum building height from 8.50 metres (27.89 feet) to metres (34.80 feet), increased maximum driveway width from 6.00 metres (19.68 feet) to 7.62 metres (25.00 feet), increased maximum encroachment into the rear yard from 2.44 metres (8.00 feet) to 2.60 metres (8.53 feet) and reduced minimum front yard landscaping from 45.00% to 26.00% to accommodate the construction if a proposed single family dwelling on the retained land. Items A, B & C will be dealt with concurrently Item D: Consent Application B021/17 (253 Oxford Street) To sever a parcel of land for residential purposes, approximately metres ( feet) by irregular, approximately square meters (30, square feet) as a lot addition to be merged on title with the property to the west municipally known as 259 Oxford Street and retain a parcel of land approximately metres (52.49 feet) by irregular, approximately square metres (7, square feet). The retained land will have frontage onto Oxford and the existing single family dwelling is to remain. Item E: Minor Variance Application A057/17 (253 Oxford Street) To provide relief from the provisions of By-law 2523, as amended to permit a reduced minimum rear yard setback from 7.62 metres (25.00 feet) to 6.25 metres (20.50 feet) to facilitate Consent Application B021/17. Items D & E will be dealt with concurrently Item F: Consent Application B022/17 (55 Sandbanks Drive) To sever a parcel of land for residential purposes, approximately metres (90.94 feet) by irregular approximately square metres (14, square feet) and retain a parcel of land approximately metres (95.60 feet) by irregular, approximately square metres (14, square feet). The severed and retained land will have frontage onto Sandbacks Drive. The existing single family dwelling is to be demolished. Committee of Adjustment Agenda: July 6, 2017 Page 2

3 Item G: Minor Variance Application A037/17 (106 & 108 Hall Street) To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced minimum interior side yard setback (west) to top of second storey from 3.00 metres (9.84 feet) to 1.83 metres (6.00 feet), a reduced front yard setback to top of second storey from 9.10 metres (29.85 feet) to 6.10 metres (20.00 feet), increased maximum gross floor area from square metres (2, square feet) to square metres (3, square feet) and increased maximum encroachment into the rear yard from 2.44 metres (8.00 feet) to 2.83 metres (9.28 feet) to accommodate the construction of a proposed single family dwelling on the severed land subject to Consent Application B005/17 (shown as Type A on sketch provided with application). Item H: Minor Variance Application A038/17 (106 & 108 Hall Street) To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum interior side yard setbacks to top of second storey (east and west) from 3.00 metres (9.84 feet) to 1.83 metres (6.00 feet), a reduced front yard setback to top of second storey from 9.10 metres (29.85 feet) to 6.10 metres (20.01 feet), increased maximum gross floor area from square metres (2, square feet) to metres square (3, square feet) and increased maximum encroachment into rear yard (deck) from 2.44 metres (8.00 feet) to 2.85 metres (9.35 feet) to accommodate the construction of a proposed single family dwelling on the severed land subject to Consent Application B006/17 (shown as Type B on sketch provided with application). Item I: Minor Variance Application A039/17 (106 & 108 Hall Street) To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum interior side yard setbacks to top of second storey (east and west) from 3.00 metres (9.84 feet) to 1.83 metres (6.00 feet), a reduced front yard setback to top of second storey from 9.10 metres (29.86 feet) to 6.10 metres (20.01 feet), increased maximum gross floor area from square metres (2, square feet) to square metres (3, square feet) and increased maximum encroachment into the rear yard (deck) from 2.44 metres (8.00 feet) to 3.00 metres (9.84 feet) to accommodate the construction of a proposed single family dwelling on the retained lands subject to Consent Application B006/17 (shown as Type C on sketch provided with application). Items G, H & I will be dealt with concurrently Item J: Minor Variance Application A043/17 (175 Elmwood Avenue) To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced minimum interior side yard setback (west) from 2.11 metres (6.92 feet) to 1.22 metres (4.00 feet), increased maximum gross floor area from square metres (2, square feet) to square metres (4, square feet) and increased maximum building height from 8.50 metres (27.89 feet) to metres (36.02 feet) to accommodate a proposed single family dwelling. Relief is also being sought to permit an accessory use (detached garage) without a main primary use (dwelling). Committee of Adjustment Agenda: July 6, 2017 Page 3

4 Item K: Minor Variance Application A052/17 (202 Hillsview Drive) To provide relief from the provisions of By-law , as amended, to permit a reduced minimum interior side yard setback (east) from 1.20 metres (3.93 feet) to 0.95 metres (3.11 feet) to accommodate the construction of a proposed single family dwelling. Item L: Minor Variance Application A058/17 (1 Poplar Street) To provide relief from the provisions of By-law 1275, as amended to permit a reduced minimum rear yard setback from 7.72 metres (25.32 feet) to 1.53 metres (5.01 feet) to accommodate a proposed single family dwelling. Item M: Minor Variance Application A061/17 (220 Browndale Crescent) To provide relief from the provisions of By-law as amended to permit reduced minimum interior side yard setback (west) from 2.44 metres (8.00 feet) to 1.83 metres (6.00 feet), reduced minimum interior side yard setback (east) from 2.44 metres (8.00 feet) to 1.22 metres (4.00 feet), increased maximum lot coverage from 30.00% to 37.50% to accommodate construction of a proposed single family dwelling. Relief is also being requested to recognize existing (deficient) lot frontage from metres (50.00 feet) to metres (46.00 feet) and lot area from square metres (5, square feet) to square metres (4, square feet). Item N: Minor Variance Application A063/17 (29 Harding Boulevard) To provide relief from the provisions of By-law 66-71, as amended to permit increased maximum gross floor area from square metres (2, square feet) to square metres (3, square feet), increased maximum lot coverage from 30.00% to 34.20%, reduced minimum interior side yard setback (east) from 2.11 metres (6.92 feet) to 1.22 metres (4.00 feet), reduced interior side yard setback (west) from 2.11 metres (6.92 feet) to 1.23 metres (4.03 feet), reduced minimum interior side yard setback (east proposed addition) from 2.11 metres (6.92 feet) to 1.83 metres (6.00 feet) to accommodate a rear yard addition. Relief is also being requested to recognize existing deficient lot frontage from metres (50.00 feet) to metres (44.03 feet). Item O: Minor Variance Application A064/17 (404 Marybay Crescent) To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum front yard setback (established building line) from 8.23 metres (27.00 feet) to 6.09 metres (19.98 feet), reduced minimum rear yard setback from 7.62 metres (25.00 feet) to 7.01 metres (23.00 feet) and increased maximum lot coverage from 30.00% to 38.00% to accommodate construction of a proposed single family dwelling. Committee of Adjustment Agenda: July 6, 2017 Page 4

5 Item P: Minor Variance Application A065/17 (43 Maple Grove Avenue) To provide relief from the provisions of By-law 1275, as amended, to permit reduced minimum 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. Relief is also being requested to recognize existing (deficient) lot frontage from metres (75.00 feet) to metres (50.22 feet). Other Business Approval of Minutes: June 15, 2017 Meeting Motion to Adjourn Committee of Adjustment Agenda: July 6, 2017 Page 5

6 Committee of Adjustment Staff Report Agenda Item: A Hearing Date: July 6, 2017 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Application Information: Consent Application B002/17 Related Applications: A010/17 & A011/17 Subject Land: 96 Elmwood Avenue Name of Owner: David Cheung Hou Nam Name of Agent: Richard Rupp The Request: To sever a parcel of land for residential purposes, approximately metres (43.73 feet) by metres (79.98 feet), approximately square metres (3, square feet) and retain a parcel of land approximately metres (43.73 feet) by irregular, approximately square metres (3, square feet). The severed and retained land will have frontage into Ruggles Avenue. The existing single family dwelling and accessory structure (shed) are to be demolished. Present Designation: Official Plan: Neighbourhood Zoning Classification: Residential Second Density (R2) Zoning By-law: 66-71, as amended Zoning Provisions: Maximum Lot Coverage 30% Minimum Frontage m (50.00 ft) Minimum Lot Area m2 (5, ft2) Minimum Front yard Setback 6.10 m (20.00 ft) Maximum Gross Floor Area m2 (2, ft2) Maximum Building Height 8.50 m (27.89 ft) Minimum Rear yard Setback 7.62 m (25.00 ft) Exterior Side Yard Setback (Flankage) m (10.00 ft) Minimum Side Yard Setback- North 2.11 m (6.92 ft) Minimum Side yard Setback- South 2.72 m (8.92 ft) Maximum Driveway Width 6.00 m (19.68 ft) Maximum Encroachment (Rear Yard) 2.44 m (8.00 ft) Committee of Adjustment Agenda: July 6, 2017 Page 6

7 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 property is a corner lot located south of Elmwood Avenue on the east side of Ruggles Avenue. The lands currently support a single detached dwelling and shed which are proposed to be demolished in order to facilitate the creation of one additional lot. Surrounding land uses include Elmwood Avenue to the north, existing residential uses to the east and south and Ruggles Avenue to the west. Committee of Adjustment: This application was circulated to the commenting departments and agencies on June 12, Public notice was mailed on June 22, The applicant confirmed posting of public notice sign on June 22, 2017 Previous and/or Concurrent applications on the subject lands: B038/78 New Lot; Approved A044/75 RYS; Approved A010/17 Concurrent Application A011/17 Concurrent Application Note: Future Development of the subject land may occur in accordance with the provisions of the Town s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Planning & Regulatory Services Department Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law, provided the following clause be added as a condition of consent: 1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No and that the Owner demolish all buildings and/or structures and remove all debris to the satisfaction of the Chief Building Official or; that the Owner make arrangements satisfactory to the Chief Building Official to demolish all buildings and/or structures and remove all debris to his satisfaction. Planning: The applicant is proposing to create one additional lot on the lands situated at 96 Elmwood Avenue for residential purposes with frontage of both lots onto Ruggles Avenue. Relief from By-Law 66-71, as amended is requested in order to facilitate Committee of Adjustment Agenda: July 6, 2017 Page 7

8 the construction of two, 2-storey single detached dwellings. The applicant has requested relief from the by-law in regards to: Increased maximum lot coverage By-law Requirement Retained A010/17 Severed A011/ % 47.22% 42.61% Increased minimum frontage m (50.00 ft) 13.33m (43.73 ft) 13.33m (43.73 ft) Decreased minimum lot area m 2 (5,000 ft 2 ) m 2 (3,378.90ft 2 ) m 2 Decreased minimum front yard setback Increased maximum gross floor area Increased maximum building height Decreased minimum rear (3, ft 2 ) 6.10 m (20.00 ft) 5.80 m (19.02 ft) 5.80 m (19.02 ft) m 2 (2, ft 2 ) 8.50 m (27.89 ft) m 2 (3, ft 2 ) m m (34.80 ft) (2, ft 2 ) 9.28 m (30.44 ft) 7.62 m (25.00 ft) 4.70 m (15.41 ft) 4.14 m (13.58 ft) yard setback Exterior Side Yard (Flankage) m (10.0 ft) 1.20 m (3.93 ft) Decreased minimum side yard setback- North Decreased minimum side yard setback- South Increased maximum driveway width Increased maximum encroachment (rear yard) 2.11 m (6.92 ft) 1.20 m (3.93 ft) 2.11 m (6.92 ft) severed 2.72 (8.92 ft) retained 6.00 m (19.68 ft) 7.62 m (25.0 ft) 2.44 m (8.0 ft) 2.60 m (8.53 ft) 1.20 m (3.93 ft) 1.47 m (4.82 ft) Front Yard Landscaping 45% 26% The subject land was severed in 1975 pursuant to application B The retained lot (96 Elmwood Avenue) was designed to meet the by-law standards. An application for a minor variance (A066-16) was approved for the lot south of the subject lands at 207 Ruggles Avenue. The variance was considered minor in the context of By-Law and the existing lot fabric remains the same. The subject land is a corner lot and is located in an established residential area that is comprised of older one-storey single detached dwellings and some newer two-storey single detached dwellings mainly consisting of lot frontages of 50 feet or wider and overall larger lot areas which are consistent with the Neighbourhood land use designation in the Official Plan and R2 Zone Standards of Zoning By-law 66-71, as Committee of Adjustment Agenda: July 6, 2017 Page 8

9 amended. By-law 66-71, as amended requires a flankage of 10.0ft to the exterior side yard. In addition, a daylighting triangle is required which will impact the frontage requirements of the proposed lot at Ruggles and Elmwood Avenues. On the basis of the preceding, Planning Staff concludes that given the nature and size of the existing lot at 96 Elmwood Avenue, that one (1) additional building lot to be created through the proposed severance is not compatible with the existing lot fabric and character of the surrounding area. The subject land is deficient in area to accommodate the proposed severance and development and therefore does not meet the intent of the Zoning By-law, is not minor and not desirable within the context of the neighbourhood. Therefore Planning Staff recommends that the proposed consent B002/17 and variances A010/17 and A011/17 be denied. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: 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 Elmwood Avenue and Ruggles 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) 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 Committee of Adjustment Agenda: July 6, 2017 Page 9

10 Reference # Condition Description 4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. Further Grading Related Information Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be directed to Mike Ayers, Development Engineering Technologist, Development Engineering Division, The Town's current fees for such services are as per the currently amended Tariff of Fees By-law Fee Description: Fee: Plan Review $ HST Agreement Preparation $ or $2, HST Registration/Admin $ Install Catchbasin $7, HST Survey Layout $ HST C.C.T.V. Scan $ HST x 2 = 1, Install 250 mm Catchbasin Lead $1, per metre + HST Install Cleanout $1, HST Decommission Catchbasin $2, HST Service Connection Condition That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town s fees for standard configuration of services are as follows and may change at any time without notice: Fee Description: Fee: 25 mm water service $ per metre + HST Combined 25 mm water service with $ per metre + HST storm or sanitary Disconnect Water service $ HST Water disconnect in a combined trench $ HST 125 sanitary service $1, per metre + HST Arrangements and payment for service connections can be made through Mr. Mario Di Salvo Maintenance & Operations Division, Community Services Department, (905) 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. Committee of Adjustment Agenda: July 6, 2017 Page 10

11 Parks & Natural Heritage: In principle Parks staff does not object to the severance, but related application A011/17 requests many variances on the retained parcel which will result in injury to Town owned trees and a lack of opportunity for onsite tree replacement. To continue review we require: A development concept which allows for at least 45% front yard landscaping on the retained parcel. A development concept which affords protection to Trees #, 4 and 5, both Town owned Spruce trees. Parks staff recommends the application be deferred to allow time for preparation of a development concept which can be supported by Parks staff. 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 development applications should consider retaining healthy, mature trees. Development, grading and servicing hookups should be directed outside of the tree protection zone of trees to be retained. By-law Enforcement: No response. Heritage: Corporate & Financial Services: 2. 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 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. 3. Payment of all current and outstanding taxes to date of consent. 4. 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. 5. 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 retained lands unless the Finance Department receives documentation that parkland was given or cash-in-lieu of parkland was paid on these lands, or that an Committee of Adjustment Agenda: July 6, 2017 Page 11

12 existing structure is to be demolished. (must build within four years from the date of demolition). 6. Development Charges will also be applicable on the retained lands prior to building permit issuance unless the finance and administration department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished. (must build within four years from date of demolition). Powerstream: No objections (comments attached). Enbridge: No response. Bell Canada: No concerns. York Region Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: No objections. CN Rail: TransCanada Pipeline: Abutting Municipality: Ministry of Transportation: Outside of the MTO Permit Area. Infrastructure Ontario: Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended: Committee of Adjustment Agenda: July 6, 2017 Page 12

13 Reference # Department / Agency Contact: 1. Zoning David Morton Development Engineering: Erik Loorand Condition: That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No and that the Owner demolish all buildings and/or structures and remove all debris to the satisfaction of the Chief Building Official or; that the Owner make arrangements satisfactory to the Chief Building Official to demolish all buildings and/or structures and remove all debris to his satisfaction. 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 Elmwood Avenue and Ruggles 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) Committee of Adjustment Agenda: July 6, 2017 Page 13

14 3. Development Engineering: Michael Ayers Development Engineering: Michael Ayers Development Engineering: Mario Di Salvo Submit to the Town's Development Engineering Division three (3) copies of 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; 8. Obtain the Town's approval of the grading plan referred to in (1); 9. 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 10. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim. That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. Committee of Adjustment Agenda: July 6, 2017 Page 14

15 6. Finance: Anna Romano Finance: Anna Romano Committee of Adjustment: Christine Vigneault Committee of Adjustment: Christine Vigneault Committee of Adjustment: Christine Vigneault 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. Payment of all current and outstanding taxes to date of consent. That Minor Variance Application A010/17 and A011/17 approved and become final and binding. 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. 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. Committee of Adjustment Agenda: July 6, 2017 Page 15

16 Public Correspondence Received Committee of Adjustment Agenda: July 6, 2017 Page 16

17 Committee of Adjustment Staff Report Agenda Item: B Hearing Date: July 6, 2017 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Application Information: Minor Variance Application A010/17 Related Applications: B002/17 & A011/17 Subject Land: 96 Elmwood Avenue Name of Owner: David Cheung Hou Nam Name of Agent: Richard Rupp The Request: To provide relief from the provisions of By-law 66-71, as amended, to permit reduced lot area from square metres to (5, square feet) to square metres (3, square feet), reduced lot frontage from metres (50.00 feet) to metres (43.73 feet) on the severed land to facilitate Consent Application B002/17. Relief is also being requested to permit reduced minimum front yard setback from 6.10 metres (20.00 feet) to 5.80 metres (19.02 feet), reduced minimum rear yard setback from 7.62 metres (25.00 feet) to 4.14 metres (13.58 feet), reduced minimum interior side yard setback north from 2.11 metres (6.92 feet) to 1.20 metres (3.93 feet), reduced interior side yard setback (south) from 2.11 metres (6.92 feet) to 1.47 metres (4.82 feet), increased maximum gross floor area from square metres (2, square feet) to square metres (2, square feet), increased maximum lot coverage from 30.00% to 42.61% and increased maximum building height from 8.50 metres (27.89 feet) to 9.28 metres (30.44 feet) to accommodate the construction of a proposed single family dwelling on the severed lands. By-Law Requirement Proposed Difference Maximum Lot Coverage 30.00% 42.61% 12.61% Minimum Frontage m ( ft) m (43.73 ft) 1.91 m (6.27 ft) Minimum Lot Area m 2 (5, ft 2 ) m 2 (3, ft 2 ) m 2 (1, ft 2 ) Minimum Front Yard Setback 6.10 m (20.00 ft) 5.80 m (19.02 ft) 0.30 m (0.98 ft) Maximum Gross Floor Area m 2 (2, ft 2 ) m 2 (2, ft 2 ) m 2 ( ft 2 ) Maximum Building Height 8.50 m (27.89 ft) 9.28 m (30.44 ft) 0.78 m (2.55 ft) Minimum Rear Yard Setback 7.62 m (25.00 ft) 4.14 m (13.58 ft) 3.48 m (11.42 ft) Minimum Side Yard Setback - North 2.11 m (6.92 ft) 1.20 m (3.93 ft) 0.91 m (2.99 ft) Minimum Side Yard Setback - South 2.11 m (6.92 ft) 1.47 m (4.82 ft) 0.64 m (2.10 ft) Committee of Adjustment Agenda: July 6, 2017 Page 17

18 Present Designation: Official Plan: Neighbourhood Zoning Classification: Residential Second Density (R2) Zoning By-law: 66-71, as amended Zoning Provisions: Maximum Lot Coverage 30% Minimum Frontage m (50.00 ft) Minimum Lot Area m2 (5, ft2) Minimum Front yard Setback 6.10 m (20.00 ft) Maximum Gross Floor Area m2 (2, ft2) Maximum Building Height 8.50 m (27.89 ft) Minimum Rear yard Setback 7.62 m (25.00 ft) Exterior Side Yard Setback (Flankage) m (10.00 ft) Minimum Side Yard Setback- North 2.11 m (6.92 ft) Minimum Side yard Setback- South 2.72 m (8.92 ft) Maximum Driveway Width 6.00 m (19.68 ft) Maximum Encroachment (Rear Yard) 2.44 m (8.00 ft) 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 property is a corner lot located south of Elmwood Avenue on the east side of Ruggles Avenue. The lands currently support a single detached dwelling and shed which are proposed to be demolished in order to facilitate the creation of one additional lot. Surrounding land uses include Elmwood Avenue to the north, existing residential uses to the east and south and Ruggles Avenue to the west Comments Received From Municipal Departments & Outside Agencies: Committee of Adjustment: This application was circulated to the commenting departments and agencies on June 12, Public notice was mailed on June 22, The applicant confirmed posting of public notice sign on June 22, 2017 Previous and/or Concurrent applications on the subject lands: D New Lot Approved D RYS Approved A Concurrent Application B 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 Committee of Adjustment Agenda: July 6, 2017 Page 18

19 drawings and floor plans is provided for information purposes only and does not form part of the Committee s decision. Building height will be applied only to a pitched roof for zoning purposes. Applicant to comply with approved building height for a pitched roof at the time of Building Permit submission. Planning & Regulatory Services Department Building / Zoning: The requested variances are correct. Planning: The applicant is proposing to create one additional lot on the lands situated at 96 Elmwood Avenue for residential purposes with frontage of both lots onto Ruggles Avenue. Relief from By-Law 66-71, as amended is requested in order to facilitate the construction of two, 2-storey single detached dwellings. The applicant has requested relief from the by-law in regards to: Increased maximum lot coverage By-law Requirement Retained A010/17 Severed A011/ % 47.22% 42.61% Increased minimum frontage m (50.00 ft) 13.33m (43.73 ft) 13.33m (43.73 ft) Decreased minimum lot area m 2 (5,000 ft 2 ) m 2 (3, ft 2 ) m 2 (3, ft 2 ) Decreased minimum front yard setback Increased maximum gross floor area Increased maximum building height Decreased minimum rear yard setback 6.10 m (20.00 ft) 5.80 m (19.02 ft) 5.80 m (19.02 ft) m 2 (2, ft 2 ) 8.50 m (27.89 ft) m 2 (3, ft 2 ) m 2 (2, ft 2 ) m (34.80 ft) 9.28 m (30.44 ft) 7.62 m (25.00 ft) 4.70 m (15.41 ft) 4.14 m (13.58 ft) Exterior Side Yard (Flankage) m (10.0 ft) 1.20 m (3.93 ft) Decreased minimum side yard setback- North Decreased minimum side yard setback- South Increased maximum driveway width Increased maximum encroachment 2.11 m (6.92 ft) 1.20 m (3.93 ft) 2.11 m (6.92 ft) severed 2.72 m (8.92 ft) 6.00 m (19.68 ft) 7.62 m (25.0 ft) 2.44 m (8.0 ft) 2.60 m (8.53 ft) 1.20 m (3.93 ft) 1.47 m (4.82 ft) Committee of Adjustment Agenda: July 6, 2017 Page 19

20 (rear yard) Front Yard Landscaping 45% 26% The subject land was severed in 1975 pursuant to application B The retained lot (96 Elmwood Avenue) was designed to meet the by-law standards. An application for a minor variance (A066-16) was approved for the lot south of the subject lands at 207 Ruggles Avenue. The variance was considered minor in the context of By-Law and the existing lot fabric remains the same. The subject land is a corner lot and is located in an established residential area that is comprised of older one-storey single detached dwellings and some newer two-storey single detached dwellings mainly consisting of lot frontages of 50 feet or wider and overall larger lot areas which are consistent with the Neighbourhood land use designation in the Official Plan and R2 Zone Standards of Zoning By-law 66-71, as amended. By-law 66-71, as amended requires a flankage of 10.0ft to the exterior side yard. In addition, a daylighting triangle is required which will impact the frontage requirements of the proposed lot at Ruggles and Elmwood Avenues. On the basis of the preceding, Planning Staff concludes that given the nature and size of the existing lot at 96 Elmwood Avenue, that one (1) additional building lot to be created through the proposed severance is not compatible with the existing lot fabric and character of the surrounding area. The subject land is deficient in area to accommodate the proposed severance and development and therefore does not meet the intent of the Zoning By-law, is not minor and not desirable within the context of the neighbourhood. Therefore Planning Staff recommends that the proposed consent B002/17 and variances A010/17 and A011/17 be denied. Development Engineering: No concerns or objections. Parks & Natural Heritage: The development concept would injure tree #6, a 62cm DBH Norway Maple on the neighbouring property. Town of Richmond Hill tree protection standards should be adhered to during construction. 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 development applications should consider retaining healthy, mature trees. Development, grading and servicing hookups should be directed outside of the tree protection zone of trees to be retained. By-law Enforcement: No response. Heritage: Committee of Adjustment Agenda: July 6, 2017 Page 20

21 Corporate & Financial Services: Powerstream: No objections (comments attached). Enbridge: Bell Canada: York Region Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: No objections. TransCanada Pipeline: Abutting Municipality: Ministry of Transportation: Outside of MTO Permit Area. Ministry of Housing (Parkway Belt West Plan): Infrastructure Ontario: Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended: 11. That the variances pertain only to the request as submitted with the application. 12. That development be substantially in accordance with the sketch submitted with the application as required by Ontario Regulation 200/96, as amended, Section That Consent Applications B002/17 receive final certification of the Secretary- Treasurer and be registered on title. 14. That approved building height be applied only to a pitched for zoning purposes. Reasons for approval: 15. The general intent and purpose of the by-law will be maintained. 16. The general intent and purpose of the official plan will be maintained. 17. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 18. The requested variance(s) is/are minor in nature. Committee of Adjustment Agenda: July 6, 2017 Page 21

22 Questions regarding this Staff Report can be directed to: Town of Richmond Hill Committee of Adjustment 225 East Beaver Creek Road, 4 th Floor Richmond Hill, ON L4B 3P4 committeeofadjustment@richmondhill.ca Telephone: 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. Committee of Adjustment Agenda: July 6, 2017 Page 22

23 Public Correspondence Committee of Adjustment Agenda: July 6, 2017 Page 23

24 Committee of Adjustment Staff Report Agenda Item: C Hearing Date: July 6, 2017 Time: 7:00 p.m. Location: 225 East Beaver Creek Road, 1 st Floor (Council Chambers) Application Information: Minor Variance Application A011/17 Related Applications: B002/17 & A010/17 Subject Land: 96 Elmwood Avenue Name of Owner: David Cheung Hou Nam Name of Agent: Richard Rupp The Request: To provide from the provisions of By-law 66-71, as amended, to permit reduced lot area from square metres (5, square feet) to square metres (3, square feet), reduced lot frontage from metres (50.00 feet) to metres (43.73 feet) on the retained land to facilitate consent application B002/17. Relief is also being requested to permit reduced minimum front yard setback from 6.10 metres (20.00 feet) to 5.80 metres (19.02 feet), reduced minimum rear yard setback from 7.62 metres (25.00 feet) to 4.70 metres (15.41 feet), reduced minimum exterior side yard (flankage) setback from 3.04 metres (10.00 feet) to 1.20 metres (3.93 feet), reduced interior side yard setback (south) from 2.72 metres (8.92 feet) to 1.20 metres (3.93 feet), increased maximum gross floor area from square metres (2, square feet) to square metres (3, square feet), increased maximum lot coverage from 30.00% to 47.22%, increased maximum building height from 8.50 metres (27.89 feet) to metres (34.80 feet), increased maximum driveway width from 6.00 metres (19.68 feet) to 7.62 metres (25.00 feet), increased maximum encroachment into the rear yard from 2.44 metres (8.00 feet) to 2.60 metres (8.53 feet) and reduced minimum front yard landscaping from 45.00% to 26.00% to accommodate the construction if a proposed single family dwelling on the retained land. By-Law Requirement Proposed Difference Maximum Lot Coverage 30.00% 47.22% 17.22% Minimum Frontage m (50.00 ft) 13.33m (43.73 ft) 1.91 m (6.26 ft) Minimum Lot Area m 2 (5, ft 2) m 2 (3, ft 2 ) m 2 (1, ft 2 ) Minimum Front Yard Setback 6.10 m (20.00 ft) 5.80 m (19.02 ft) 0.30 m (0.98 ft) Maximum Gross Floor Area m 2 (2, ft 2 ) m 2 (3, ft 2 ) m 2 ( ft 2 ) Maximum Building Height 8.50 m (27.89 ft) m (34.80 ft) 2.11 m (6.91 ft) Committee of Adjustment Agenda: July 6, 2017 Page 24

25 Minimum Rear Yard Setback 7.62 m (25.00 ft) 4.70 m (15.41 ft) 2.92 m (9.59 ft) Exterior Side Yard (Flankage) 3.04 m (10.00 ft) 1.20 m (3.93 ft) 1.84 m (6.03 ft) Minimum Side Yard Setback - South 2.72 m (8.92 ft) 1.20 m (3.93 ft) 1.52 m (4.98 ft) Maximum Driveway Width 6.00 m (19.68 ft) 7.62 m (25.00 ft) 1.62 m (5.32 ft) Maximum Encroachment (Rear Yard) 2.44 m (8.00 ft) 2.60 m (8.53 ft) 0.16 m (0.53 ft) Minimum Front Yard Landscaping 45.00% 26.00% 19.00% Present Designation: Official Plan: Neighbourhood Zoning Classification: Residential Second Density (R2) Zoning By-law: 66-71, as amended Zoning Provisions: Maximum Lot Coverage 30% Minimum Frontage m (50.00 ft) Minimum Lot Area m2 (5, ft2) Minimum Front yard Setback 6.10 m (20.00 ft) Maximum Gross Floor Area m2 (2, ft2) Maximum Building Height 8.50 m (27.89 ft) Minimum Rear yard Setback 7.62 m (25.00 ft) Exterior Side Yard Setback (Flankage) m (10.00 ft) Minimum Side Yard Setback- North 2.11 m (6.92 ft) Minimum Side yard Setback- South 2.72 m (8.92 ft) Maximum Driveway Width 6.00 m (19.68 ft) Maximum Encroachment (Rear Yard) 2.44 m (8.00 ft) 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 property is a corner lot located south of Elmwood Avenue on the east side of Ruggles Avenue. The lands currently support a single detached dwelling and shed which are proposed to be demolished in order to facilitate the creation of one additional lot. Surrounding land uses include Elmwood Avenue to the north, existing residential uses to the east and south and Ruggles Avenue to the west Comments Received From Municipal Departments & Outside Agencies: Committee of Adjustment: This application was circulated to the commenting departments and agencies on June 12, Public notice was mailed on June 22, The applicant confirmed posting of public notice sign on June 22, 2017 Committee of Adjustment Agenda: July 6, 2017 Page 25

26 Previous and/or Concurrent applications on the subject lands: D New Lot Approved D R.Y.S. Approved A Concurrent Application B 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. Building height will be applied only to a pitched roof for zoning purposes. Applicant to comply with approved building height for a pitched roof at the time of Building Permit submission. Planning & Regulatory Services Department Building / Zoning: The requested variances are correct. Planning: The applicant is proposing to create one additional lot on the lands situated at 96 Elmwood Avenue for residential purposes with frontage of both lots onto Ruggles Avenue. Relief from By-Law 66-71, as amended is requested in order to facilitate the construction of two, 2-storey single detached dwellings. The applicant has requested relief from the by-law in regards to: Increased maximum lot coverage By-law Requirement Retained A010/17 Severed A011/ % 47.22% 42.61% Increased minimum frontage m (50.00 ft) 13.33m (43.73 ft) 13.33m (43.73 ft) Decreased minimum lot area m 2 (5,000 ft 2 ) m 2 (3, ft 2 ) m 2 (3, ft 2 ) Decreased minimum front yard setback Increased maximum gross floor area Increased maximum building height Decreased minimum rear yard setback 6.10 m (20.00 ft) 5.80 m (19.02 ft) 5.80 m (19.02 ft) m 2 (2, ft 2 ) 8.50 m (27.89 ft) m 2 (3, ft 2 ) m 2 (2, ft 2 ) m (34.80 ft) 9.28 m (30.44 ft) 7.62 m (25.00 ft) 4.70 m (15.41 ft) 4.14 m (13.58 ft) Exterior Side Yard (Flankage) m (10.0 ft) 1.20 m (3.93 ft) Committee of Adjustment Agenda: July 6, 2017 Page 26

27 Decreased minimum side yard setback- North Decreased minimum side yard setback- South Increased maximum driveway width Increased maximum encroachment (rear yard) 2.11 m (6.92 ft) 1.20 m (3.93 ft) 2.11 m (6.92 ft) severed 2.72 m (8.92 ft) retained 6.00 m (19.68 ft) 7.62 m (25.0 ft) 2.44 m (8.0 ft) 2.60 m (8.53 ft) 1.20 m (3.93 ft) 1.47 m (4.82 ft) Front Yard Landscaping 45% 26% The subject land was severed in 1975 pursuant to application B The retained lot (96 Elmwood Avenue) was designed to meet the by-law standards. An application for a minor variance (A066-16) was approved for the lot south of the subject lands at 207 Ruggles Avenue. The variance was considered minor in the context of By-Law and the existing lot fabric remains the same. The subject land is a corner lot and is located in an established residential area that is comprised of older one-storey single detached dwellings and some newer two-storey single detached dwellings mainly consisting of lot frontages of 50 feet or wider and overall larger lot areas which are consistent with the Neighbourhood land use designation in the Official Plan and R2 Zone Standards of Zoning By-law 66-71, as amended. By-law 66-71, as amended requires a flankage of 10.0ft to the exterior side yard. In addition, a daylighting triangle is required which will impact the frontage requirements of the proposed lot at Ruggles and Elmwood Avenues. On the basis of the preceding, Planning Staff concludes that given the nature and size of the existing lot at 96 Elmwood Avenue, that one (1) additional building lot to be created through the proposed severance is not compatible with the existing lot fabric and character of the surrounding area. The subject land is deficient in area to accommodate the proposed severance and development and therefore does not meet the intent of the Zoning By-law, is not minor and not desirable within the context of the neighbourhood. Therefore Planning Staff recommends that the proposed consent B002/17 and variances A010/17 and A011/17 be denied. Development Engineering: No concerns or objections. Parks & Natural Heritage: Parks staff does not support the reduction in front yard setback, rear yard setback and maximum lot coverage as proposed. Nor do we support the variance in reduction of front yard landscaping as this development scenario offers little opportunity for tree replacement on site. It will also require injuring Town owned trees to construct. Committee of Adjustment Agenda: July 6, 2017 Page 27