COMMITTEE OF ADJUSTMENT AGENDA M M1ss1ssauGa Location: Hearing: COUNCIL CHAMBER SEPTEMBER 15, 2016 AT 1:30 P.M. 1. CALL TO ORDER 2. DISCLOSURES OF DIRECT OR INDIRECT PECUNIARY INTEREST 3. REQUESTS FOR WITHDRAWAL/DEFERRAL File Name of Applicant Location of Land Ward Disposition DEFERRED APPLICATIONS - (CONSENT) B-043/16 FAITH OF LIFE NETWORK & 2503257 ONTARIO LTD. 7155 HURONTARIO ST 5 Withdrawn NEW APPLICATIONS - (MINOR VARIANCE) A-367/16 A-368/16 A-369/16 DALWINDER SINGH JOHAL AND DALJIT KAUR JOHAL WIESLAW DOBROWOLSKI NUCORP REAL TY LTD. 436 BRISTOL RD W 821 MISSISSAUGA VALLEY BLVD 1122 WESTPORT GRES 5 Approved 4 Approved 5 Approved A-370/16 H.L. INVESTMENTS INC. 848 BURNHAMTHORPE RD W 6 Approved A-371/16 KARL FAY INVESTMENTS LTD. 1484 HURONTARIO ST 1 Oct 13 A-372/16 ENDRE AND SOPHIE NEMETH 1282 TECUMSEH PARK DR 2 Approved A-373/16 CARLOS NICOLAS 5654 WHITEHORN AVE 6 Oct 20 A-374/16 ZENON SENCIO 2419 BROOKHURST RD 2 Approved A-375/16 MICHELIS INVESTMENTS LTD 3437 DERRY RD E 5 Nov 17 A-376/16 PAHAIKUO 5658 WHITEHORN AVE 6 Oct20 A-377/16 WEISHAUPT CORPORATION 2925 ARGENTIA RD 9 Approved A-378/16 ANTON ZURAN LOPES 676 SUMMER PARK GRES 7 Oct 13 A-379/16 KARAMJIT MAHAL 990 FOCAL RD 6 Nov 10 DEFERRED APPLICATIONS - (MINOR VARIANCE) A-452/15 DIG & MKG HOLDINGS INC. 6860 REXWOOD RD 5 Withdrawn A-257/16 DI SHEN 899 HAMPTON GRES 1 Approved A-299/16 KYLIE CAMPBELL 1064 GREAVES AVE Approved A-317/16 DOUG GILBERT & KIM WALLACE 1319 SOUTH ALDO DR 2 Approved A-319/16 CLARKSON VILLAGE PLAZA CORP. 1834 LAKESHORE RD W 2 Approved
M File: "A" 367/16 WARDS COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW 0225-2007 as amended - and - IN THE MATTER OF AN APPLICATION BY DALWINDER SINGH JOHAL & DALJIT KAUR JOHAL on Thursday, September 15, 2016 Dalwinder Singh Johal & Daljit Kaur Johal are the owners of 436 Bristol Road West being Lot 19, Registered Plan M-1006, zoned R4-17, Residential. The applicants request the Committee to authorize a minor variance to permit the existing basement entrance stairwell to remain inside the existing attached garage providing and minimum rectangular area within the attached measured from the inside face of walls of 2.695m (8.84ft.) X 6.045m (19.83ft.); whereas By-law 0225-2007, as amended, requires a minimum rectangular area within the attached measured from the inside face of walls of 2.75m (9.02ft.) X 6.00m (19.68ft.) iri this instance. Mr. S. Johal and Ms. R. Johal, property owners, attended and presented the application. Mr. Johal advised that a basement entrance stairwell was constructed in the garage without benefit of a building permit. He indicated that they have applied for the building permit; however, it is being withheld as the length of the parking space within the garage is too short. Mr. Johal requested that the Committee allow the existing basement entrance stairwell to remain. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (September 9, 2016): "Recommendation The Planning and Building Department has no objection to the application, as amended, but the applicant may choose to defer the application in order to verify the variances. Background Mississauga Official Plan Character Area: Designation: Hurontario Neighbourhood Residential Lpw Density 11 Zoning By-law 0225-2007 Zoning: R4-7 Other Applications: Page 1of3
File: "A" 367/16 WARDS Comments Zoning We note that a building permit application is required. In the absence of a current building permit application we are unable to confirm the accuracy of the requested variance(s). The applicant is advised that a full zoning review has not been completed; however, in reviewing the variance(s) as outlined in this application, it was apparent that an additional variance is required to provide a minimum unobstructed area for parking (at the east side of the garage) that is less than 2.75 m X 5.2m X 2.0m. Insufficient information has been provided to determine the dimensions of the unobstructed parking area being proposed. A withheld building permit application dates from 2010. A new building permit may be required. Planning The subject site is located on Bristol Rd Weast of Mclaughlin Rd. The lots and dwellings on this block of Bristol Rd are uniform in size and massing. The application is to permit a reduced size parking space, located within the garage. The reduced size parking space is located on the west side. The east side of the garage will not be used for parking, due to the construction of the basement entrance stairwell. Sufficient parking is provided on the driveway. In the opinion of the Planning and Building Department, the request is minor in nature. The applicant has provided a signed affidavit. that the dwelling does not contain a secondary suite, and the applicant has no intention of creating a secondary suite. The Planning and Building Department has no objection to the application, as amended, but the applicant may choose to defer the application in order to verify the variances." The City of Mississauga Transportation and Works Department commented as follows (September 6, 2016): "This department has no objections to the applicants request to permit the existing basement entrance stairwell to remain inside the existing attached garage." The Region of Peel, Public Works, Development Services Division commented as follows (September 9, 2016): "We have no comments or objections." No other persons expressed any interest in the application. Mr. Johal, upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be considered as presented. The Committee consented to the request and, after considering the submissions put forward by Mr. Johal and having reviewed the plans, is satisfied that the request is desirable for the appropriate further development of the subject property. The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested variance is minor in nature in this instance. Page 2 of 3
File: "A" 367/16 WARD5 Accordingly, the Committee resolves to authorize and grant the request as presented. I MOVED BY: IP. Quinn I SECONDED BY: I D. Reynolds I CARRIED Application Approved. Dated at the City of Mississauga on September 22, 2016. THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITIEE OF ADJUSTMENT A WRITIEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE OCTOBER 12, 2016. Date of mailing is September 26, 2016. S. PATRIZIO~) ABSENT J. ROBINSON D.KENNEDY JPAGE l~ P. QUINN I certify this to be a true copy of the Committee's decision given on September 22, 2016. A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 3 of 3
M File: "A" 368/16 WARD4 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW 0225-2007 as amended - and - IN THE MATTER OF AN APPLICATION BY WIESLAW DOBROWOLSKI on Thursday, September 15, 2016 Wieslaw Dobrowolski is the owner of 821 Mississauga Valley Boulevard being Part of Lot 11, Concession 1, NOS, zoned R3, Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of an accessory structure in the rear yard of the subject property proposing: 1. an accessory structure floor area of 37.08m 2 (399.13sq.ft.); whereas By-law 0225-2007, as amended, permits a maximum floor area for an accessory structure of 10.00m 2 (107.64sq.ft.) in this instance; and, 2. an accessory structure height of 3.35m (10.99ft.); whereas By-law 0225-2007, as amended, permits a maximum height for an accessory structure of 3.00m (9.68ft.) in this instance. Mr. W. Dobrowolski, property owner, attended and presented the application. He advised that he is requesting permission for the existing 6.09m x 6.09m (20.00ft. x 20.00ft.) shed to remain in the rear yard. Mr. Dobrowolski advised that there is a one car garage on the property; however, he requires additional space to store his patio and garden maintenance equipment. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (September 13, 2016): "Recommendation The Planning and Building Department recommends that the applicant defer the application to redesign the accessory structure. Background Mississauga Official Plan Character Area: Designation: Mississauga Valleys Neighbourhood Low Density I Zoning By-law 0225-2007 Zoning: R3 Other Applications: BP 9NEW 16/1331 Page 1of4
M File: "A" 368/16 WARD4 Comments Zoning The Building Department is currently processing a building permit application under file 16-1331. Based on review of the information currently available for this application, we advise that the following variance(s) should be amended as follows: 1. an accessory structure floor area of 37.16 m2 (399.99 sq.ft.); whereas By-law 0225-2007, as amended, permits a maximum floor area for an accessory structure of 10.00 m2 (107.64 sq.ft.) in this instance; and, 2. an accessory structure height of 4.57 m (14.99 ft.); whereas By-law 0225-2007, as amended, permits a maximum height for an accessory structure of 3.00 m (14.99 ft.) in this instance; The applicant is advised that a full zoning review has not been completed; however, in reviewing the variances as outlined in this application, it was apparent that the following additional variance may be required: 3. an side and rear yard setback to the accessory structure of 0.91 m (3.00ft.); whereas Bylaw 0225-2007, as amended, requires a minimum side and rear yard setback for an accessory structure of 1.2 m (3.94 ft.) in this instance; Planning The subject site is located on Mississauga Valleys Blvd at Bloor St. The neighbourhood context consists of original one storey dwellings, and renovated one and half, and two storey dwellings. Dwellings are modest on larger lots. Garages are generally located integral to the dwelling, but occasionally are located in the rear yards. The application proposes an accessory structure in the rear yard. The application requests relief for maximum floor area, and maximum height. The application site plan indicates side and rear yard setbacks of 1.20m (3.94 ft.) but the building permit application has not been revised. The lot is large with a modest dwelling. The frontage is approximately 19.42m (63.71 ft.) and the lot area is 903.57 square metres (9725.94 square feet). Due to the size of the lot, the proposed accessory structure would not affect lot coverage. The drawings indicated the structure as a garage, but there is only a 1.24m (4.07 ft.) side yard, which would not provide access for car to park in the rear yard. In the opinion of the Planning and Building Department variance #1 is minor, and we have no objection. Variance #2 requests relief to the height of the accessory structure. Through the building permit review, the height has been amended to 4.57m (14.99 ft.). Taken in combination with the large size of the structure, and minimal side and rear yards, the massing would create an impact on the neighbouring properties. The immediate neighbours consist of bungalows and one and a half storey dwellings. The property has mature trees, but the location of the trees would not adequately screen the accessory structure. Variance #3 for reduced side and rearyard setbacks, was identified by the building permit review. The minor variance application has amended this number, but a revision to the building permit has not been received. The minimum side and rearyard setbacks are 1.20m (3.94 ft.). The lot is large, with ample room to relocate the (:ltructure. In the opinion of the Planning and Building Department, variances #2 and #3 should be refused. Page 2 of 4
File: "A" 368/16 WARD4 Based on the preceding, the Planning and Building Department recommends that the applicant defer the application to redesign the accessory structure." The City of Mississauga Transportation and Works Department commented as follows (September 6, 2016): "This department would have no objections to the applicants request to construct an accessory structure provided that the structure be constructed such that there is no drainage impact on the abutting properties." The Region of Peel, Public Works, Development Services Division commented as follows (September 9, 2016): "We have no comments or objections." No other persons expressed any interest in the application. Mr. Dobrowolski, upon hearing the comments of the Committee and the Planning and Building Department, advised that he will not require a variance for the setback to.the side and rear property lines as he will provide a 1.20m (3.93ft.) setback. He further advised that the height of the shed will comply with the Zoning By-law. Mr. R. Ruggiero, Planner with the City of Mississauga, attended and advised that he believes that the applicant will have difficulty in meeting the By-law requirements with respect to the height of the shed due to the roof slope. He suggested that the applicant consider deferring the application to submit a new plan. Mr. Dobrowolski indicated that he will construct the shed with a maximum height of 3.35m (10.99ft.), as requested in the Notice of Public Hearing. Mr. Dobrowolski requested that the application be amended in accordance with. the Planning and Building Department comments for the floor area of the shed. The Committee consented to the request and, after considering the submissions put forward by Mr. Dobrowolski and having reviewed the plans, is satisfied that the amended request is desirable for the appropriate further development of the subject property. The Committee noted that there is no objection from the neighbours. They indicated that the lot is large and an increase in the floor area of the shed is appropriate in this instance. The Committee advised that there are similar structures in the neighbourhood. The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested amended variance is minor in nature in this instance. Accordingly, the Committee resolves to authorize and grant the amended request to permit the construction of an accessory structure in the rear yard of the subject property proposing: 1. an accessory structure floor area of 37.16m 2 (400.00sq.ft.); whereas By-law 0225-2007, as amended, permits a maximum floor area for an accessory structure of 10.00m 2 (107.64sq.ft.) in this instance; and, 2. an accessory structure height of 3.35m (10.99ft.); whereas By-law.0225-2007, as amended, permits a maximum height for an accessory structure of 3.00m (9.68ft.) in this instance. I MOVED BY: IJ. Page ISECONDEDBY ID.Georne I CARRIED Page 3 of 4
File: "A" 368/16 WARD4 Application Approved, as amended. Dated at the City of Mississauga on September 22, 2016. THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE OCTOBER 12, 2016. Date of mailing is September 26, 2016. S. PATRIZIO (CHAIR) ABSENT J. ROBINSON D.KENNEDY J.PAGE~ D. P. QUINN I certify this to be a true copy of the Committee's decision given on September 22, 2016. DAVID L. MARTIN, SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 4 of 4
M File: "A" 369/16 WARD5 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW 0225-2007 as amended - and - IN THE MATTER OF AN APPLICATION BY NUCORP REAL TY LTD. on Thursday, September 15, 2016 Nucorp Realty Ltd. is the owner of 1122 Westport Crescent being Lot 11, Registered Plan M-240, zoned E3, Employment. The applicant requests the Committee to authorize a minor variance to permit the establishment of a motor vehicle sales facility, with indoor display and sales area for motor vehicles, providing 31 parking spaces on site; whereas By-law 0225-2007, as amended, makes no provisions for the use in an E3, Employment zone and would require 60 parking spaces to be provided on site in this instance. Mr. W. Oughtred, of W.E. Oughtred & Associates Inc., authorized agent, attended and presented the application. He advised that that he recently applied for a minor variance for the adjacent property, located at 1114 Westport Crescent, and received permiss.ion for motor vehicle sales and detailing. Mr. Oughtred advised that the deal fell through so his client was unable to utilize the approval. He indicated that his client wishes to occupy the subject property for the same use and a minor variance approval is required. Mr. Oughtred presented a floor plan layout and advised that there are 30 parking spaces available within the garage and 31 parking spaces outside of the building. Mr. Oughtred advised that his client wishes to also utilize the i'nside of the building for vehicle sales as well as car detailing. He requested that the application be amended to allow a motor vehicle sales facility - restricted and car detailing, with an indoor display and sales are for motor vehicles, providing 31 parking spaces on site. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (September 13, 2016): "Recommendation The Planning and Building Department recommends the application should be deferred pending the submission of a satisfactory Parking Utilization Study to justify the reduction in parking, and to provide more information. Background Mississauga Official Plan Character Area: Designation: Northeast Employment Area (West) Industrial Zoning By-law 0225-2007 Zoning: E3 Page 1of3
File: "A" 369/16 WARD5 Other Applications: Certificate of Occupancy Permit Application is required Comments Zoning We note that a certificate of occupancy permit application is required. In the absence of a certificate of occupancy permit application we are unable to confirm the accuracy of the requested variance(s). The applicant is advised that a full zoning review has not been completed; however, in reviewing the variance(s) as outlined in this application, it was apparent that the following additional variance(s) may be required: To permit a motor vehicle detailing use to operate accessory to a motor vehicle sales facility - restricted. Planning The subject site has an existing building located on a mid-block lot in an industrial area. The immediate context consists of motor vehicle repair facilities, other automotive facilities, and general warehouse and manufacturing uses. The applicant is proposing to establish a new use: motor vehicle sales within the existing building. The applicant is also requesting a reduction in parking spaces. Staff has reviewed the application and recommend that the application be deferred until a satisfactory Parking Utilization Study is submitted to substantiate the proposal." The City of Mississauga Transportation and Works Department commented as follows (September 6, 2016): "Enclosed for Committees easy reference are some photo's which depict the subject property." The Region of Peel, Public Works, Development Services Division commented as follows (September 9, 2016): "We have no comments or objections." No other persons expressed any interest in the application. Mr. Oughtred indicated that there are other auto repair garages located in the immediate vicinity. Mr. Oughtred, upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations so that car detailing will also be permitted. The Committee consented to the request and, after considering the submissions put forward by Mr. Oughtred and having reviewed the plans, is satisfied that the amended request is desirable for the appropriate further development of the subject property. The Committee indicated that it is not necessary to provide a complete parking utilization study as sufficient parking has been provided inside and outside of the building to meet the Zoning By-law requirements. The Committee indicated that the parking spaces must be clearly delineated inside and outside of the building on the site. The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested amended variance is minor in nature in this instance. Page 2 of 3
File: "A" 369/16 WARD5 Accordingly, the Committee resolves to authorize and grant the amended request to permit the establishment a motor vehicle sales facility - restricted and a motor vehicle detailing use, with an indoor display and sales are for motor vehicles, providing 31 parking spaces on site; whereas By-law 0225-2007, as amended, makes no provisions for the use in an E3, Employment zone and would require 60 parking spaces to be provided on site in this instance. This decision is subject to the following condition: 1. The applicant is to proceed in accordance with the plans (including delineating the parking spaces on the site) as reviewed by the Committee. I MOVED BY: I J. Page I SECONDED BY: IP. Quinn I CARRIED Application Approved, as amended, on condition as stated. Dated at the City of Mississauga on September 22, 2016. THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE OCTOBER 12, 2016. Date of mailing is September 26, 2016. ~ S. PATRIZIO (CHAIR) D. GEORGE ABSENT J. ROBINSON J. PAGE ~/ P. QUINN I certify this to be a true copy of the Committee's A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 3 of 3
File: "A" 370/16 WARD6 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW 0225-2007 as amended - and - IN THE MATTER OF AN APPLICATION BY H.L. INVESTMENTS INC. on Thursday, September 15, 2016 H.L. Investments Inc. is the owner of 848 Burnhamthorpe Road West being Part of Lot 22, Concession 1, NOS, zoned C3-47, Commercial. The applicant requests the Committee to authorize a minor variance to permit the expansion of the existing restaurant operation from Unit 5 into Unit 4-A on the subject property providing a total of 77 parking spaces for all uses on site; whereas By-law 0225-2007, as amended, requires a total of 123 parking spaces on site for all uses on site in this instance. Mr. W. Oughtred, of W.E. Oughtred & Associates Inc., authorized agent, attended and presented the application to permit the expansion of the existing restaurant into an adjoining unit proposing a reduction in parking. Mr. Oughtred advised that the site was rezoned in 1998 and one parking rate was applied for all the uses on the site. He explained that in 2007, a City-wide Zoning By-law was passed and the parking standards were changed. Mr. Oughtred advised that the restaurant wishes to expand into a space previously occupied for medical office use. He indicated that the parking requirements for a medical office use differ from those applied to a restaurant use. Mr. Oughtred advised that a parking utilization study was prepared and it satisfactorily justifies the requested reduction in parking. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (September 13, 2016): "Recommendation The Planning and Building Department has no objection to the application, but. the applicant may choose to defer the application in order to submit more information and verify requested variances. Background Mississauga Official Plan Character Area: Designation: Mavis Erindale Employment Area Mixed Use Zoning By-law 0225-2007 Zoning: C3-47 Page 1of3
M File: "A" 370/16 WARD6 Other Applications: Comments Zoning We note that a certificate of occupancy permit application is required. In the absence of a certificate of occupancy permit application we are unable to confirm the accuracy of the requested variance(s) or determine whether additional variance(s) may be required. It should be noted that the variance(s), as requested, have been reviewed based on information provided, however a full zoning review has not been completed. Planning The subject site is a multi-tenant commercial retail plaza located on Burnhamthorpe Rd W at Wolfedale Rd. The application -requests a reduction in the required number of parking spaces. Parking surveys conducted by Beacon Planning found that the observed peak parking occurred on Friday, April 22 at 6:30 p.m. Fifty-nine vehicles were parked at that time. At the time of survey, Unit 4 was occupied by a medical office and was included in the parking counts. The proposed expansion of the restaurant use (Pho Viet-Thai Cuisine) to Unit 4 will generate a slight increase in parking demand which can be accommodated on site. Based on the information provided in the parking study, the parking variance can be supported. We understand that Zoning may need to verify the accuracy of the requested variance to confirm the requirement of 123 spaces is correct. We further note that the list of existing occupants provided by Beacon Planning is different than what the City has in the Parking Allocation Report. The Planning and Building Department has no objection to the application, but the applicant may choose to defer the application in order to submit more information and verify requested variances." The City of Mississauga Transportation and Works Department commented as follows. (September 6, 2016): "This Department has no objections, comments or requirements with respect to C.A. 'A' 370/16." The Region of Peel, Public Works, Development Services Division commented as follows (September 9, 2016): "We have no comments or objections." No other persons expressed any interest in the application. Mr. Oughtred, upon hearing the comments of the Committee and the Planning and Building Department, requested that the application proceed. The Committee, after considering the submissions put forward by Mr. Oughtred and having reviewed the plans, is satisfied that the request is desirable for the appropriate further development of the subject property. Page 2 of 3
M File: "A" 370/16 WARD6 The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested variance is minor in nature in this instance. Accordingly, the Committee resolves to authorize and grant the request as presented. I MOVED BY: ID. Reynolds I SECONDED BY: I J. Page I CARRIED Application Approved. Dated at the City of Mississauga on September 22, 2016. THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE OCTOBER 12, 2016. Date of mailing is September 26, 2016. S. PAT~H-A-IR_) J. ROBINSON ABSENT J. PAGE P. QUINN I certify this to be a true copy of the Committee's d DAVID L. MARTIN, SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 3 of 3
M File: "A" 372/16 WARD2 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW 0225-2007 as amended - and - IN THE MATTER OF AN APPLICATION BY ENDRE & SOPHIE NEMETH on Thursday, September 15, 2016 Endre & Sophie Nemeth are the owners of 1282 Tecumseh Park Drive being Part 4, Registered Plan 330, zoned R1-2, Residential. The applicants request the Committee to authorize a minor variance to permit the construction of a new 2 storey detached dwelling on the subject property proposing: 1. a combined width of side yards of 6.06m (19.88ft.); whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 8.31 m (27.26ft.) in this instance, 2. a side yard of 3.09m (10.13ft.) on one side of the dwelling; whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.80m (5.90ft.) on one side of the dwelling and 4.20m (13.77ft.) on the other side of the dwelling in this instance, 3. a height to the underside of eaves of 7.24m (23,75ft.); whereas By-law 0225-2007, as amended, permits a maximum height to the underside of eaves of 6.40m (20.99ft.) in this instance, 4. a dwelling height of 10.64m (34.90ft.) and 11.12m (36.48ft.) to the top of skylights; whereas By-law 0225-2007, as amended, permits a maximum dwelling height of 9.50m (31.16ft.) in this instance; and, 5. a walkway connection width of 4.09m (13.41ft.); whereas By-law 0225-2007, as amended, permits a maximum walkway connection width of 1.50m (4.92ft.) in this instance. Mr. W. Oughtred, of W.E. Oughtred & Associates Inc., authorized agent, attended and presented the application. Mr. Oughtred presented a set of plans for the Committee's review and consideration. He explained that when the original site plan was prepared, the dwelling was situated parallel to the side property lines with the proposed driveway being positioned on an existing treed portion of the lot. Mr. Oughtred indicated that they reoriented the dwelling on the lot so that it is parallel to the front property line so that the existing driveway can be utilized and the existing treed portion of the lot could be preserved. He explained that as a result of the re-orientation, a variance is required for the combined width of side yards; however, a variance is no longer required for the individual side yards. He requested that the application be amended accordingly. The Committee consented to the request. Mr. Oughtred presented an elevation drawing and indicated that a variance is required for the height to the underside of eaves at the rear portion of the dwelling. He indicated that the height will not be visible when viewing the dwelling from the street. Page 1of4
File: "A" 372/16 WARD2 Mr. Oughtred indicated that they have requested a variance for height for the portion of the dwelling above the front door as well as the two skylights. He indicated that these portions do not comply with the By-law; however, 80.00% of the dwelling meets the height requirement of 9.50m (31.16ft.). Mr. Oughtred advised that the height will not be apparent as the dwelling is located approximately 21.00m (68.89ft.) away from the street. Mr. Oughtred indicated that a larger walkway connection is proposed. He advised that the lot is well treed and the front yard is generous and consequently a larger walkway connection is appropriate in this instance. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (September 9, 2016): "Recommendation l The Planning and Building Department recommends that the application be deferred to allow the applicant to redesign the dwelling to address staff concerns. Background Mississauga Official Plan Character Area: Designation: Clarkson-Lorne Park Neighbourhood Residential Low Density I Zoning By-law 0225-2007 Zoning: R 1-2 (Residential) Other Applications: Site Plan Approval Application File: SPI 16-058 Comments Zoning The Planning and 13uilding Department is currently processing a Site Plan Approval application and based on the review of the information currently available, we advise that variance #2 is not required; all other variances are correct as identified. Planning Although the proposed dwelling meets the individual required side yard setbacks, this area of Clarkson-Lorne Park is characterized by many of the dwellings exceeding the minimum required side yards by significant margins. Based on the lot frontage, the requested reduction in combined width of side yards would allow for a dwelling that is 24. 72 m (81.10 ft.) wide across the property. The applicant should increase the combined width of side yard setbacks that are provided. The requested height to eaves represents a portion of the dwelling and is not a dominant feature from the streetscape and should not create an additional appearance of massing that is excessive. However, the overall height creates an imposing roof structure which dominates the appearance of the dwelling and should be reduced to minimize the visual impact. There are some mature trees along the front of the property which help to screen the dwelling, but the proposed height would still appear to be imposing, as requested. Page 2 of 4
File: "A" 372/16 WARD2 The proposed walkway is at its widest point where it connects to the driveway. It tapers in stages towards the front entrance until it reaches the permitted 1.50 m (4.92 ft.). The design and orientation does not appear to be geared towards additional vehicular parking and given the size of the lot, the additional hard surface should not take away from the overall soft landscaped area on the site. Based on the preceding information, the Plannir,ig and Building Department recommends that the application be deferred to allow the applicant to redesign the dwelling to address staff concerns." The City of Mississauga Transportation and Works Department commented as follows (September 6, 2016): "We note for Committee's information that the City is currently processing a Site Plan Application for this property, Reference SP 16/058. Transportation and Works Department concerns/requirements for this property will be addressed through the Site Plan Process." The Region of Peel, Public Works, Development Services Division commented as follows (September 9, 2016): "We have no comments or objections." Ms. L. Murphy, property owner at 1297 Catchacoma Court, attended and indicated that she was not opposed to the construction of a new dwelling on the lot. Ms. Murphy indicated that the Notice of Public Hearing is the first time that she has been advised of the proposal. She indicated that trees were removed from the property without tree permits being obtained. She advised that she wants to ensure that the tree canopy remains on the lot. No other persons expressed any interest in the application. Mr. Oughtred advised that the proposed dwelling is approximately 65.00m (213.25ft.) away from her home. He indicated that fourteen trees will be planted to replace those that were removed. Mr. Oughtred presented a site plan that indicated the location of the proposed trees. The Committee, after considering the submissions put forward by Mr. Oughtred and having reviewed the plans, is satisfied that the amended request is desirable for the appropriate further development of the subject property. The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested amended variance is minor in nature in this instance. Accordingly, the Committee resolves to authorize and grant the amended request to permit the construction of a new 2 storey detached dwelling on the subject property proposing: 1. a combined width of side yards of 6.06m (19.88ft.); whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 8.31 m (27.26ft.) in this instance, 2. a height to the underside of eaves of 7.24m (23,75ft.); whereas By-law 0225-2007, as amended, permits a maximum height to the underside of eaves of 6.40m (20.99ft.) in this instance, 3. a dwelling height of 10.64m (34.90ft.) and 11.12m (36.48ft.) to the top of skylights; whereas By-law 0225-2007, as amended, permits a maximum dwelling height of 9.50m (31.16ft.) in this instance; and, Page 3 of 4
File: "A" 372/16 M1ss1ssauGa ward 2 4. a walkway connection width of 4.09m (13.41ft.); whereas By-law 0225-2007, as amended, permits a maximum walkway connection width of 1.50m (4.92ft.) in this instance. This decision is approved subject to the following condition: 1. The applicant is to proceed in accordance with the plans reviewed by the Committee. I MOVED BY: ID. George I SECONDED BY: I D. Reynolds I CARRIED Application Approved, as amended, on condition as stated. Dated at the City of Mississauga on September 22, 2016. THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE OCTOBER 12, 2016. Date of mailing is September 26, 2016. ~~ S.PATRIZIO ABSENT J. ROBINSON D.KENNEDY """". J. PAGE P. QUINN I certify this to be a true copy of the Committee's decision given on Se tember 22, 2016. A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 4 of 4
File: "A" 374/16 WARD2 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW 0225-2007 as amended - and - IN THE MATTER OF AN APPLICATION BY Zenon Sencio on Thursday, September 15, 2016 Zenon Sencio is the owner of 2419 Brookhurst Road being Part of Lot 250, Registered Plan 587, zoned RM1, Residential. The applicant requests the Committee to authorize a minor variance to permit the existing attached garage to remain on the subject property having a side yard of 0.03m (0.09ft.); whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.20m (3.93ft.) in this instance. Mr. Z. Sencio, property owner, attended and presented the application. Mr. Sencio advised that the garage existed on the property when he purchased the dwelling in 2005. Mr. Sencio indicated that he was advised by the building inspector that the garage was constructed without benefit of a building permit. Mr. Sencio applied for a building permit; however, it is being withheld as the garage is located too close to the side property line. Mr. Sencio advised that in the event of an emergency, access to the rear yard can be provided through the front sliding door and a rate in the rear yard. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (September 13, 2016): "Recommendation The Planning and Building Department has no objection to variances #3 and #4; however we recommend that variances #1 and #2 be refused. Background Mississauga Official Plan Character Area: Designation: Clarkson-Lorne Park Neighbourhood Residential Low Density II Zoning By-law 0225-2007 Zoning: RM1 (Residential) Other Applications: Building Permit File: 14-3998 Comments Page 1of4
File: "A" 374/16 WARD2 Zoning The Planning and Building Department is currently processing a Building Permit application and based on the review of the information currently available, we advise that variance #1. should be amended as follows: "1. to permit the existing attached garage to remain on the subject property having a side yard of 0.104 m (0.341 ft.); whereas By-law 0225-2007, as amended requires a minimum side yard 1.20 m (3.94 ft.) in this instance" Additionally, the following variances are required: "2. to permit the existing attached garage eave projection into the required side of 1.156 m (3.79 ft.); whereas By-law 0225-2007, as amended permits a minimum eave projection of 0.45 m (1.48 ft.) in this instance. 3. to permit the existing driveway to remain on the subject property having a width 6.. 10 m (20.01 ft.); whereas By-law 0225-2007, as amended permits a maximum driveway width 5.2 m (17.06 ft.) in this instance. 4. to permit the existing driveway setback to remain having a side yard setback a 0.0 m (0.0 ft.); whereas By-law 0225-2007, as amended requires a minimum driveway setback 0.60 m (1.97 ft.) in this instance." Planning The applicant is requesting to allow the existing garage to remain on the subject property. The garage structure forms a long wall along the adjacent city owned walkway with an inadequate separation distance. The property was not designed to accommooate a garage structure and it is inappropriate for a portion of a dwelling or garage to be built virtually on the lot line. There are no other garage structures in the general area along Brookhurst Road and the applicant's proposal does not fit within the character of the area. Further, the garage restricts access to the rear yard of the dwelling. It appears that the garage is not used for parking and although the increased driveway width is beyond what the Zoning By-law permits, the driveway can still only accommodate two vehicles and adequate landscaped area is still provided. The intention of the 5.20 m (17.06 ft.) driveway width restriction in this zone is to allow for two parking stalls side by side. Variance #3 maintains the intent of the Zoning By-law in this regard. Generally the Department would not support a 0.00 m setback from the lot line for a driveway; however, in this instance the adjacent city walkway is not impacted by the reduced setback. The walkway, as well as the property on the other side of the walkway also provided 0.00 m separation. The barrier below the walkway fence maintains drainage on each property and the reduced setback should have limited impact. Based on the preceding information, the Planning and Building Department has no objection to variances #3 and #4; however we recommend that variances #1 and #2 be refused." The City of Mississauga Transportation and Works Department commented as follows (September 6, 2016): "Enclosed for Committee's easy reference are a number of photos which depict the subject property, in particular the existing attached garage." The Region of Peel, Public Works, Development Services Division commented as follows (September 9, 2016): "We have no comments or objections." Page 2 of 4
M File: "A" 374/16 WARD2 Mr. J.J. Kidd, resident at 2422 Brookhurst Road, attended and advised that he was renting the dwelling in 1999-2000 and the garage was existing at that time. He advised that he has no objection to the application. A letter was received from M. Marges, property owner at 2426 Brookhurst Avenue, indicating he has lived on the street for twenty years. He advised that a walkway is adjacent to a school and garbage was being tossed over the fence and creating litter. Mr. Marges indicated that the garage that was constructed now alleviates the problem. He further advised that Mr. Sencio maintains the property and has been kind and helpful to the neighbours on the street. Mr. Marges indicated support for the application. No other persons expressed any interest in the application. Mr. Sencio, upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations. The Secretary-Treasurer indicated that the amended items were not included on the Notice of Public Hearing circulated to the residents. The Committee indicated that he re-circulation is not necessary in this instance as the property is located adjacent to a walkway. The Committee consented to the request to amend the application and, after considering the submissions put forward by Mr. Sencio and having reviewed the plans, is satisfied that the amended request is desirable for the appropriate further development of the subject property. The Committee indicated that the property is well maintained, the structure has been in its present location for many years, and the neighbours do not object to the application. The Committee indicated that the dwelling is located adjacent to a walkway and there is no adverse impact to any of the neighbours. The Committee advised that the property is unique and if a similar application was submitted for a property that abutted a neighbour rather than a walkway, the outcome would have differed. The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested amended variance is minor in nature in this instance. Accordingly, the Committee resolves to authorize and grant the amended request to permit the existing attached garage to remain on the subject property having: 1. a side yard of0.10m (0.341ft.); whereas By-law 0225-2007, as amended, requires a minimum side yard 1.20m (3.94 ft.) in this instance; 2. an eave projection into the required side of 1.15m (3.79ft.); whereas By-law 0225-2007, as amended, permits a minimum eave projection of 0.45m (1.48ft.) in this instance; 3. a driveway width 6.1 Om (20.01ft.); whereas By-law 0225-2007, as amended permits a maximum driveway width 5.20m (17.06ft.) in this instance; and, 4. a setback of O.OOm (0.00ft.) from the side property line to the existing driveway; whereas By-law 0225-2007, as amended, requires a minimum setback of 0.60m (1.97ft.) from the driveway to the side property line in this instance. I MOVED BY: IP. Quinn I SECONDED BY: I D. Reynolds I CARRIED Page 3 of 4
File: "A" 374/16 WARD2 Application Approved, as amended. Dated at the City of Mississauga on September 22, 2016. THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITIEE OF ADJUSTMENT A WRITIEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE OCTOBER 12, 2016. Date of mailing is September 26, 2016. -~- S. PATRIZIO (CHAIR) J. ROBINSON ABSENT I certify this to be a true copy of the Committee's decisi A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 4 of 4
File: "A" 377/16 WARD9 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW 0225-2007 as amended - and - IN THE MATTER OF AN APPLICATION BY WEISHAUPT CORPORATION on Thursday, September 15, 2016 Weishaupt Corporation is the owner of 2925 Argentia Road being Part of Lot 13, Concession 6, WHS, zoned E2-24, Employment. The applicant requests the Committee to authorize a minor variance to permit the construction of a new two storey industrial building on the subject property proposing a 3.755m (12.31ft.) side yard to a curtain wall; whereas By-law 0225-2007, as amended, requires a minimum side yard of 5.77m (18.93ft.) in this instance. Mr. B. Krohn, Architect and authorized agent, attended and presented the application. Mr. Krohn presented renderings of the proposed building for the Committee's review and consideration. He indicated that his client, a global company providing boiler burners and heating equipment, will utilize the building for offices, storage and assembly. Mr. Krohn indicated that the building fronts on Highway 401 and to create an interesting visually appealing vista, an acoustic screen wall constructed out of aluminum and glass, is to be constructed. He advised that a small portion of the wall will project into the required side yard and therefore, relief is being requested to allow the projection. Mr. Krohn advised that projections are permitted in the Residential zone provisions of the Zoning By-law for chimneys, roof overhangs and balconies; however, there are no provisions in the Industrial zones that allow for projections. Mr. Krohn presented a rendering and indicated that the glass projection is appropriate in this instance as the glass wall will be approximately 12 to 18 inches wide and will have no foundation or base. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (September 13, 2016): "Recommendation The Planning and Building Department recommend that the application be deferred to allow for revisions through the site plan application process. Background Mississauga Official Plan Character Area: Designation: Meadowvale Business Park Corporate Centre Business Employment Zoning By-law 0225-2007 Zoning: E2-24 Page 1of3