With consent from the Committee, the Chair added New Business to future agendas.

Transcription

1 1:00 p.m. Council Chamber, Town Hall Members Present: Chair: B. Duncan B. Atkinson G. Cascone J. Clark T. Dolson R. Waldon Members Absent: J. Metcalfe CALL TO ORDER Town Staff Present: Planner, Intermediate: C. Di Benedetto Manager, Development West: R. Hughes Planner, Community Development: E. Leung Planner, Community Development: M. Mohr Secretary-Treasurer: C. Pillsworth Recording Secretary: D. Lobo Chair B. Duncan called the meeting to order at 1:02 p.m. With consent from the Committee, the order of business was altered to defer Consent Application B to be discussed following the first Minor Variance Application A With consent from the Committee, the Chair added New Business to future agendas. DECLARATION OF PECUNIARY INTEREST none stated. With consent from the Committee, the order of business was altered to defer Receipt of Minutes to be discussed at the end of the meeting. REGULAR BUSINESS Requests for Withdrawal/Deferral A Property Location: Hurontario Street (nearest intersection Hurontario Street north of Beechgrove Sideroad) (Ward 1) Purpose: To defer the application for six months or sooner. Moved by R. Waldon Seconded by G. Cascone That Application A be deferred for six months or sooner without costs. Minor Variance Applications A Property Location: 0 George Bolton Parkway (nearest intersection George Bolton Parkway Highway 50) (Ward 5) Purpose: 1) permit an exterior side yard (from any other lot line) (minimum) setback of 6.0 metres; whereas the by-law requires 7.5 metres; 2) permit a planting strip location (abutting an arterial road or provincial highway of 6.0 metres; whereas the by-law requires 9.0 metres; 3) permit a parking space (minimum) setback from any other lot line of 1.5 metres; whereas the by-law requires 3.0 metres; 4) permit a (maximum) entrance width of metres; whereas the by-law requires 12.5 metres; 5) permit 74 parking spaces; whereas the by-law requires 76 parking spaces; 6) permit a parking area location on a non-residential lot (minimum) (from any building or structure) of 0.0 metres; whereas the by-law requires 2.0 metres; 7) permit loading spaces (two) to be located in the exterior side yard; whereas the by-law does not permit loading spaces in the exterior side yard.

2 Page 2 of 10 The Chair inquired if the Agent, A. Baldassarra Architect Inc. had any new information to provide. The Agent advised The Chair inquired if the Committee members had any questions. The Committee members had no questions. support of or in opposition of the application. No one in attendance came forward. Moved by G. Cascone Seconded by B. Atkinson That Application A be approved, as amended. Consent Applications 2. The general intent purpose of the Zoning By-law Town of Caledon Official Plan are maintained the variance is minor in B Property Location: 22 Margaret Street (nearest intersection Margaret Street north on Main Street) (Ward 1) Purpose: to sever 108 square metres to merge with 22 Margaret Street. The property referred to as 22 Margaret Street is l locked. The Chair inquired if the Agent, Ernest Gutstein, had any new information to provide. The Agent advised of agreement with the amended draft conditions. Mr. Gutstein provided an overview of why the owner is seeking a consent application l locked issue with the property. support of or in opposition of the application. No one in attendance came forward. The Chair inquired if the Committee members had any questions. Member Clark requested clarification regarding lots referenced in the staff report received responses from staff.

3 Page 3 of 10 Moved by T. Dolson Seconded by B. Atkinson That Application B to sever 108 square metres to merge with 22 Margaret Street, be approved subject to the following conditions: 1. That the Secretary-Treasurer s Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer s Certificates; 2. That the Secretary-Treasurer receives confirmation from Legal Services the Planning Department staff, regarding the conveyance of parcels. 3. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items: a. Draft Transfer prepared to the satisfaction of Legal Services for the subject consent application; b. Signed Solicitor s Undertaking to provide the registered documents listed in (a) immediately after registration of the same. 4. That the Secretary-Treasurer receive confirmation from Town s Corporate Services department that there are no outsting financial obligations. The decision reflects that regard has been given to those matters to be regarded under the Planning Act, inasmuch as the dimensions shape of the lot are adequate for the uses proposed. Subject to the imposed conditions, the consent to the Conveyance, will not adversely affect the proposed development. decision being rendered. Minor Variance Applications Continued A Property Location: 25 Nixon Road (nearest intersection Nixon Road McEwan Drive West) (Ward 5) Purpose: to permit a retail store, accessory with an area of 300 square metres. The Chair inquired if the Agent, Joe McBride had any new information to provide. The Agent advised The Chair inquired if the Committee members had any questions. Member Waldon inquired about what constitutes a major retail outlet received a response from staff. support of or in opposition of the application. Jodi Sirai, representing Di-Con International, raised concerns with the impact the minor variance will have on existing industrial use taxes.

4 Page 4 of 10 Moved by T. Dolson Seconded by J. Clark That Application A be approved, as amended. 2. The general intent purpose of the Zoning By-law Town of Caledon Official Plan are maintained the variance is minor in A Property Location: 5169 The Grange Sideroad (nearest location The Grange Sideroad east of St. Andrew s Road) (Ward 1) Purpose: to permit 2 dwellings; whereas the by-law permits one dwelling per lot for a temporary period (while the new dwelling is being constructed). The Chair inquired if the Applicant, Reid Sers had any new information to provide. The Applicant provided further details regarding the purpose of the application. Mr. Sers advised of agreement with the condition concerning registering of a second dwelling agreement. The Chair inquired if the Committee members had any questions. The Committee members had no questions. support of or in opposition of the application. No one in attendance came forward. The Applicant confirmed that the neighbours that they have reached out to have expressed support for the application. Moved by G. Cascone Seconded by T. Dolson That Application A be approved, subject to the following condition: 1. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items: a. A registered second dwelling agreement the collection of applicable securities, if required, insurance. This agreement shall be prepared by Legal Services all costs associated with the preparation registration of same shall be at the expense of the applicant in accordance with the Town s Fees By-law.

5 Page 5 of The general intent purpose of the Zoning By-law Town of Caledon Official Plan are maintained the variance is minor in A Property Location: 40 Diamondwood Drive (nearest intersection Diamondwood Drive north west of Mount Pleasant Road) (Ward 4) Purpose: to increase the structural envelope to hectares; whereas the bylaw permits existing structural envelope of 0.48 hectares. The Chair inquired if the Agent, Hailee Moynihan, had any new information to provide. The Agent advised they had an arbourist do an arbourist inventory on the lot, she submitted the drawing previously submitted read the written letter from the Senior Lscape Architect, Partner, Nick Miele. She provided further clarification regarding items in the Staff Report such as size of total structure envelope, location of the septic bed, location of the mantle; slope of the areas with structural envelopes, proposed lscape impact to natural lscape, policy area mapping. She requested information from staff concerning the defining of areas. Ms. Moynihan received responses from staff. Member Waldon requested the Agent identify the building envelope on the existing lscape. The Chair inquired if the Committee members had any questions. Member Cascone inquired about staff comments, staff involvement in the site visits, positioning size of the structural envelope, received responses from staff, the Applicant Agent, the Chair. Member Atkinson inquired about whether the zoning change during the approval of the site plan was communicated to the Applicant, received responses from staff. Member Waldon sought information about boundaries of easement instruments on the site plan, received responses from the Agent staff. Member Dolson questioned the Toronto Region Conservation Authority comments regarding encroachment, received responses from staff Agent. Comments from the Toronto Region Conservation Authority was read aloud submitted to be part of the public record. Member Cascone inquired about the Applicant s correspondence with Toronto Region Conservation Authority. support of or in opposition of the application. No one in attendance came forward. The Applicant confirmed that the neighbours that they have reached out to have expressed support for the application. Moved by G. Cascone Seconded by B. Atkinson That Application A be approved. R. Waldon, J. Clark B. Duncan did not support motion. B. Atkinson, G. Cascone, T. Dolson did support the motion. The vote resulted in a tie therefore in accordance with the Procedural By-law the motion was defeated.

6 Page 6 of The general intent purpose of the Zoning By-law Town of Caledon Official Plan are maintained the variance is minor in A Property Location: St. Andrew s Road (St. Andrew s Road south of The Grange Sideroad) (Ward 1) Purpose: to permit a Home Business (ORM) use that may be carried on within the established Oak Ridges Moraine Envelope exclusive of the woodlot area; whereas the by-law requires such use to be carried on within a single detached dwelling. The Chair inquired if the Agent, Jon Henderson of Glenn Schnarr & Associates Inc., had any new information to provide. The Agent advised of the purpose l uses of the application. He submitted five letters from adjacent l owners expressing support for the application. The Agent expressed agreement with the recommended conditions from staff. The Chair inquired about noise reports received responses. they have comments from Credit Valley Conservation Authority. The Chair inquired if the Committee members had any questions. Member Dolson inquired about the property use received responses from staff. Member Waldon inquired about the space to be used for events received responses from the Applicant. Member Waldon further inquired about the draft conditions received responses from staff. support of or in opposition of the application. No one in attendance came forward. Moved by B. Atkinson Seconded by R. Waldon That Application A be conditionally approved, 1) That all outdoor Home Business (ORM) events be limited to that area as defined on the sketch plan dated March 16, 2017, including associated access parking; 2) that all structures utilized as part of outdoor Home Business (ORM) events be temporary in their construction, not involve site alteration to the ls, be removed upon the conclusion of an event; 3) that all outdoor Home Business (ORM) events be serviced by mobile catering (food water) mobile washroom facilities; 4) that all outdoor Home Business (ORM) events occur only between the months of April October of each calendar year;, 5) that operation of all outdoor Home Business (ORM) events directly involves the owner/operator of the Home Business (ORM) subject to the following conditions: 1. That the Secretary-Treasurer receive written confirmation that a satisfactory noise report prepared by a qualified party be received by Development staff demonstrating how noise impacts, where applicable, on surrounding neighbours will be addressed. The Minor Variance condition must be fulfilled no later than February 17, 2018 in order for it to be in full force effect.

7 Page 7 of The general intent purpose of the Zoning By-law Town of Caledon Official Plan are maintained the variance is minor in A Property Location: 250 MacDonald Street (nearest location MacDonald Street north on McLaughlin Road) (Ward 1) Purpose: 1) permit an accessory building to exceed 9.2% of the lot area; whereas the bylaw permits an accessory building (maximum) not to exceed 5% of the lot area on which it is located; 2) permit a maximum driveway width of 9.14 metres; whereas the by-law permits a maximum driveway width of 8.5 metres; 3) permit a minimum entrance separation of 10.4 metres; whereas the by-law requires a minimum entrance separation of 22.5 metres; 4) permit a (minimum) building separation of 0.0 metres; whereas the by-law requires a minimum building separation of 1.5 metres. The Chair inquired if the Agent, William Neil Boyes, had any new information to provide. The Agent advised he had no new information to provide. The Chair inquired if the Committee members had any questions. Member Waldon inquired about use of a building on the neighouring property received a response from the Applicant. support of or in opposition of the application. No one in attendance came forward. Moved by G. Cascone Seconded by T. Dolson That Application A be approved. 2. The general intent purpose of the Zoning By-law Town of Caledon Official Plan are maintained the variance is minor in

8 Consent Applications continued Page 8 of 10 B Property Location: The Gore Road (nearest The Gore Road south of Finnertyside Road) (Ward 4) Purpose: to sever a property having a total of approximately hectares (36.27 acres). The effect of the application is to sever approximately hectares (approximately acres) to add the severed portion of the subject ls to an adjacent Managed Forest Property. The area of the retained lot includes the required Regional Road widening requirements. The Chair inquired if the Agent, Emma Barren of Glenn Schnarr & Associates Inc., had any new information to provide. The Agent advised of agreement with the recommendations conditions within the staff report. The Chair inquired if the Committee members had any questions. support of or in opposition of the application. No one in attendance came forward. Member Waldon inquired about the wording of the conditions received responses from staff. Moved by B. Atkinson Seconded by T. Dolson That Application B to sever a property having a total of approximately hectares (36.27 acres), be approved subject to the following conditions: 1. That the Secretary-Treasurer s Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurer s Certificates; 2. That the Secretary-Treasurer receive draft reference plan(s) for approval by the Development Section; 3. That the Secretary-Treasurer receive the required number of prints of the resultant deposited reference plan(s); 4. That the Secretary-Treasurer receive written confirmation from the Region of Peel that satisfactory arrangement shall be made between the owner the Region regarding the transfer of l to meet the Region s right-ofway requirements. 5. That the Secretary-Treasurer receives a letter from the Zoning Administrator confirming that both the severed retained parcels satisfy all applicable zoning by-law stards. The owner/agent must submit a development plan (drawn to scale in metric) certified by an Ontario L Surveyor showing sufficient detail for staff to assess compliance with all the applicable stards. 6. That the Secretary-Treasurer receive confirmation from Legal Services indicating that the Applicant has provided the following items: a) Draft Transfer in favour of Ontario Limited be prepared to the satisfaction of Legal Services for the subject consent application;

9 NEW BUSINESS Page 9 of 10 b) An application to consolidate the PINS will be required to combine the PIN of the severed with that of the ls owned by Ontario Limited. c) A Section 118 Restriction will be required so that the severed ls the ls owned by Ontario Limited cannot be separately sold. The wording for the Restriction shall be as follows: Ontario Limited, the registered owner of the l described in the Properties Section above, hereby applies under Section 118 of the L Titles Act for the registration of the following restriction: No Transfer or Charge of the ls described in the Properties Section above shall be registered without the consent of the Clerk of The Corporation of the Town of Caledon. d) A Signed Solicitor s is Undertaking to provide the registered document listed in 1 (a) 2 3 immediately after registration of the same. 7. That the Secretary-Treasurer receive confirmation from Town s Corporate Services department that there are no outsting financial obligations. The decision reflects that regard has been given to those matters to be regarded under the Planning Act, inasmuch as the dimensions shape of the lot are adequate for the uses proposed. Subject to the imposed conditions, the consent to the Conveyance, will not adversely affect the proposed development. decision being rendered. Members discussed proposed amendments to the March 8, 2017 minutes. Members further discussed the organization of a training session procedural concerns. C. degorter, Town Clerk explained her role responsibilities at the Town of Caledon introduced Konstantine Stavrakos, Town Solicitor. C. degorter K. Stavrakos provided an overview of the role mate of the Committee clarification in regards to concerns from the Committee regarding appeals to the Ontario Municipal Board a training session. RECEIPT OF MINUTES Moved by T. Dolson Seconded by R. Waldon That the Committee of Adjustment Minutes dated March 8, 2017, be received, as amended. NEW BUSINESS continued The Town Clerk will work with the Chair to organize a training session to be provided to the Committee before the end of June RECEIPT OF MINUTES continued Moved by R. Waldon Seconded by T. Dolson That the Committee of Adjustment Minutes dated April 19, 2017, be received. NEW BUSINESS continued Chair B. Duncan announced her resignation as Chair of the Committee effective immediately.

10 Page 10 of 10 Due to the resignation of the Chair, R. Waldon T. Dolson will instead work with the Town Clerk Town Solicitor to organize a training session. ADJOURNMENT On verbal motion moved by T. Dolson seconded by B. Atkinson, the hearing adjourned at 3:22 p.m. "Brenda Duncan" Brenda Duncan Chair "Cindy Pillsworth" Cindy Pillsworth Secretary-Treasurer