Committee of Adjustment Hearing Thursday, May 19, 2016 at 7 p.m. 225 East Beaver Creek Road, Richmond Hill, ON 1 st Floor (Council Chambers) Call to Order Disclosure of Pecuniary Interest Requests for Adjournments/Withdrawals New Applications Other Business A B005/16 THE PROPOSAL: James & Michael Boseovski 106 & 108 Hall Street Town of Richmond Hill To sever a parcel of land for residential purposes, approximately 17.23 metres (56.52 feet) by irregular, approximately 464.51 square metres (5,000.00 square feet) and retain a parcel of land for residential purposes approximately 27.89 metres (91.50 feet) by irregular, approximately 926.59 square metres (9973.73 square feet). The severed and retained lands will have frontage onto Mill Walk Court and the existing dwelling and accessory structures are to be demolished. B B006/16 THE PROPOSAL: James & Michael Boseovski 106 & 108 Hall Street Town of Richmond Hill To sever a parcel of land for residential purposes, approximately 16.89 metres (55.41 feet) by irregular, approximately 464.51 square metres (5,000.00 square feet) and retain a parcel of land for residential purposes approximately 16.36 metres (53.67 feet) by irregular, approximately 462.08 square metres (4973.78 square feet). The severed and retained lands will have frontage onto Mill Walk Court and the accessory structures are to be demolished. C A040/16 James & Michael Boseovski 106 & 108 Hall Street Town of Richmond Hill To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum lot area on the retained land to facilitate Consent Application B006/16. By-Law Requirement Proposed Difference Minimum Lot Area 464.51 m 2 ( 5,000 ft 2 ) 462.00 m 2 ( 4,972.92 ft 2 ) 2.51 m 2 ( 27.08 ft 2 ) Applications B005/16, B006/16 and A040/16 will be dealt with concurrently.
May 19, 2016 Page 2 D A041/15 Omidreza Amiri 19 George Street Town of Richmond Hill To provide relief from the provisions of By-law 1275, as amended, to permit a reduced minimum front yard setback to accommodate the construction of a proposed two-storey single family dwelling. Relief is also being sought to recognize the existing (deficient) lot area. By-Law Requirement Proposed Difference Minimum Lot Area 929 m 2 ( 10,000.00 ft 2 ) 742.00 m 2 ( 7,986.81 ft 2 ) 187.00 m 2 ( 2,013.19 ft 2 ) Minimum Front Yard Setback 9.14 m ( 30.00 ft) 3.70 m ( 12.14 ft) 5.44 m ( 17.86 ft) E A010/16 Berardino D Amato & Ani Tokmakjian 120 Arnold Crescent Town of Richmond Hill To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced front yard setback, reduced interior side yard setbacks to top of second storey (north and south), increased maximum gross floor area, increased maximum building height and increased maximum archway encroachment into southerly side yard to accommodate the construction of a proposed two storey single family dwelling. By-Law Requirement Proposed Difference Minimum Front Yard Setback 26.16 m (85.83 ft) 18.50 m ( 60.70 ft) 7.66 m (25.13 ft) Maximum Gross Floor Area 341.39 m 2 ( 3,674.69 ft 2 ) 535.00 m 2 ( 5,758.69 ft 2 ) 193.61 m 2 ( 2,083.81 ft 2 ) Maximum Height 8.50 m ( 27.89 ft) 9.88 m (32.41 ft) 1.38 m (4.52 ft) Archway Encroachment 0.00 m ( 0.00 ft) 2.36 m ( 7.74 ft) 2.36 m ( 7.74 ft) Minimum Sideyard Setback - North To Top of Second Storey 6.00 m ( 19.68 ft) 1.86 m ( 6.10 ft) 4.14 m ( 13.58 ft) Minimum Sideyard Setback - South To Top of Second Storey 6.00 m ( 19.68 ft) 3.00 m ( 9.84 ft) 3.00 m ( 9.84 ft) F A024/16 Jiangshui Shi & Gao Yuan 9737 Bathurst Street Town of Richmond Hill To provide relief from the provisions of By-law 2523, as amended, to permit a reduced exterior side yard (flankage) setback to accommodate the construction of a proposed two storey single family dwelling. By-Law Requirement Proposed Difference Minimum Flankage Setback 9.14 m ( 30.00 ft) 5.19 m ( 17.03 ft) 3.95 m ( 12.97 ft)
May 19, 2016 Page 3 G A026/16 Paul Paglialunga (Beneficial Owner) 6 Denham Drive Town of Richmond Hill To provide relief from the provisions of By-law 2523, as amended, to permit increased maximum lot coverage to accommodate the construction of a proposed two storey single family dwelling. By-Law Requirement Proposed Difference Maximum Lot Coverage 20% 26% 6% H A031/16 Greg Larden & Tina LeBlanc 25 Aubrey Avenue Town of Richmond Hill To provide relief from the provisions of By-law 1275, as amended, to permit increased maximum garage gross floor area and increased maximum detached garage height to accommodate the construction of a proposed detached garage By-Law Requirement Proposed Difference Maximum Gross Floor Area Detached Garage 40.00 m 2 (430.55 ft 2 ) 75.80 m 2 (815.90 ft 2 ) 35.80 m 2 (385.35 ft 2 ) Maximum Height Detached Garage 4.20 m (13.78 ft) 4.90 m (16.08 ft) 0.70 m (2.30 ft) I A032/16 Katayoun Morovati 426 Fernleigh Circle North Town of Richmond Hill To provide relief from the provisions of By-law 66-71, as amended, to permit reduced interior side yard setbacks (east and west) and increased maximum lot coverage to accommodate an addition to the existing dwelling. By-Law Requirement Proposed Difference Maximum Lot Coverage 30% 39.88% 9.88% Minimum Sideyard Setback - East 1.83 m ( 6.00 ft) 1.22 m ( 4.00 ft) 0.61 m ( 2.00 ft) Minimum Sideyard Setback - West 1.83 m ( 6.00 ft) 1.54 m ( 5.05 ft) 0.29 m ( 0.95 ft)
May 19, 2016 Page 4 J A033/16 Abri Narman 155 Ruggles Avenue Town of Richmond Hill To provide relief from the provisions of By-law 212-92, as amended, to permit reduced interior side yard setbacks (north and south), increased maximum lot coverage and increased maximum gross floor area to accommodate the construction of a proposed two storey single family dwelling. By-Law Requirement Proposed Difference Maximum Gross Floor Area 232.25 m 2 ( 2,500.00 ft 2 ) 352.99 m 2 ( 3,799.55 ft 2 ) 120.74 m 2 ( 1,299.55 ft 2 ) Minimum Sideyard Setback - North 2.11 m ( 6.92 ft) 1.20 m ( 3.94 ft) 0.91 m ( 2.99 ft) Minimum Sideyard Setback - South 2.11 m ( 6.92 ft) 1.50 m ( 4.92 ft) 0.61 m ( 2.00 ft) Maximum Lot Coverage 30% 31.33% 1.33% K A034/16 Mohamed Giahinejad in Trust (Beneficial Owner) 226 Lawrence Avenue Town of Richmond Hill To provide relief from the provisions of By-law 66-71, as amended, to permit increased maximum gross floor area and increased maximum building height to accommodate the construction of a proposed two storey single family dwelling. By-Law Requirement Proposed Difference Maximum Gross Floor Area 256.87 m 2 (2764.92 ft 2 ) 345.22 m 2 ( 3,715.91 ft 2 ) 88.35 m 2 (950.99 ft 2 ) Maximum Height 8.50 m ( 27.89 ft) 8.77 m ( 28.77 ft) 0.27 m ( 0.89 ft) L A035/16 Negar Anvari 42 Garden Avenue Town of Richmond Hill To provide relief from the provisions of By-law 2523, as amended, to permit reduced interior side yard setbacks (east and west) to accommodate the construction of a proposed two story single family dwelling. Relief is also being sought to recognize the existing (deficient) lot frontage. By-Law Requirement Proposed Difference Minimum Frontage 18.29 m ( 60.00 ft) 11.09 m ( 36.38 ft) 7.20 m ( 23.62 ft) Minimum Sideyard Setback - East 1.52 m ( 5.00 ft) 1.20 m ( 3.94 ft) 0.32 m ( 1.06 ft) Minimum Sideyard Setback - West 1.52 m ( 5.00 ft) 1.20 m ( 3.94 ft) 0.32 m ( 1.06 ft)
May 19, 2016 Page 5 M A036/16 Tran Thi Mai & Thanh Van Vu 2 Fairview Avenue Town of Richmond Hill To provide relief from the provisions of By-law 2523, as amended, to permit a reduced front yard setback and increased permitted encroachments into the front (porch), flankage (porch) and rear (walkout) yard to accommodate the construction of a proposed two storey single family dwelling. By-Law Requirement Proposed Difference Minimum Front Yard Setback 9.14 m ( 30.00 ft) 7.62 m ( 25.00 ft) 1.52 m ( 5.00 ft) Front Yard Encroachment (porch) 0 m ( 0.00 ft) 2.70 m ( 8.86 ft) 2.70 m ( 8.86 ft) Rear Yard Encroachment (walkout) 0 m ( 0.00 ft) 2.07 m ( 6.79 ft) 2.07 m ( 6.79 ft) Flankage Encroachment (porch) 0 m ( 0.00 ft) 0.63 m (2.06 ft) 0.63 m (2.06 ft) N A037/16 Ramin Koohestani & Tanaz Shahdost-Moghaddam 36 George Street Town of Richmond Hill To provide relief from the provisions of By-law 1275, as amended, to recognize the existing (deficient) lot area and lot frontage. A two storey single family dwelling is being proposed. By-Law Requirement Proposed Difference Minimum Lot Area 929.00 m 2 ( 10,000 ft 2 ) 696.00 m 2 ( 7,491.67 ft 2 ) 233.00 m 2 ( 2,508.33 ft 2 ) Minimum Frontage 22.86 m ( 75.00 ft) 17.00 m ( 55.77 ft) 5.86 m ( 19.23 ft) O A038/16 Hamideh Moghaddasi (Beneficial Owner) 16 Scott Drive Town of Richmond Hill To provide relief from the provisions of By-law 2523, as amended, to permit reduced interior side yard setbacks (east and west) and increased maximum lot coverage to accommodate the construction of a proposed two storey single family dwelling on the severed land related to *Consent Application B049/14. By-Law Requirement Proposed Difference Maximum Lot Coverage 30% 36.55% 6.55% Minimum Sideyard Setback - East 1.52 m ( 5.00 ft) 1.22 m ( 4.00 ft) 0.30 m ( 1.00 ft) Minimum Sideyard Setback - West 1.52 m ( 5.00 ft) 1.22 m ( 4.00 ft) 0.30 m ( 1.00 ft) *The Certificate of Official for B049/14 was released April 13, 2016 for B049/14.
May 19, 2016 Page 6 P A039/16 Mahzad Pahlevan & Nemo Shavandi 67 Denham Drive Town of Richmond Hill To provide relief from the provisions of By-law 2523, as amended, to permit reduced interior side yard setbacks (north and south) and increased maximum lot coverage to accommodate the construction of a proposed two storey single family dwelling. By-Law Requirement Proposed Difference Maximum Lot Coverage 30% 34.55% 4.55% Minimum Sideyard Setback - North 1.52 m ( 5.00 ft) 1.40 m ( 4.59 ft) 0.12 m ( 0.41 ft) Minimum Sideyard Setback - South 1.52 m ( 5.00 ft) 1.40 m ( 4.59 ft) 0.12 m ( 0.41 ft) Q A041/16 Kurt Wichtler Holdings Limited 10440 Yonge Street Town of Richmond Hill To permit the expansion of a legal non-conforming use to accommodate an addition to the existing car dealership. OTHER BUSINESS
May 19, 2016 Page 7 TOWN OF RICHMOND HILL COMMITTEE OF ADJUSTMENT CONSENT STAFF REPORT A APPLICATION: B005/16 RELATED FILES: B006/16 & A040/16 DATE: MAY 19, 2016 NAME OF OWNER: NAME OF AGENT: JAMES & MICHAEL BOSEOVSKI N/A STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990 THE PROPERTY: 106 & 108 HALL STREET Town of Richmond Hill THE PROPOSAL: To sever a parcel of land for residential purposes, approximately 17.23 metres (56.52 feet) by irregular, approximately 464.51 square metres (5,000.00 square feet) and retain a parcel of land for residential purposes approximately 27.89 metres (91.50 feet) by irregular, approximately 926.59 square metres (9973.73 square feet). The severed and retained lands will have frontage onto Mill Walk Court and the existing dwelling and accessory structures are to be demolished. PRESENT DESIGNATION: Official Plan: Zoning Classification: Zoning By-law: Neighbourhood Residential Second Density Zone R2 66-71, as amended ZONING PROVISIONS: Minimum Lot Frontage: 15.24 metres (50 feet) Minimum Lot Area: 464.51 square metres (5,000 square feet) Minimum Front Yard Setback: 7.70 metres (25.26 feet) Minimum Interior Side Yard Setback: 1.83 metres (6 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Building Height: 10.67 metres (35 feet) Maximum Lot Coverage: 30% 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.
May 19, 2016 Page 8 SITE CONDITIONS: The subject lands are located on Hall Street, north of Richmond Street, south of Benson Avenue, and west of Yonge Street. The lands currently support two single-detached dwellings. The subject lands are located with the Benson-Hunt Tertiary Plan study area in accordance with the Town s New Official Plan. The lands subject to the above-listed applications consist of Block 10 on Plan 65M-3408. This block is currently subject to Section 119 restrictions, prohibiting the transfer of these lands. Pending issuance of the Committee s certificate of consent, the existing Section 119 restrictions must be lifted. Please note that once the Certificate of Official has been released, the Town will be in a position to release the Section 119 restrictions. The applicant should contact Dawn Mansfield, Law Clerk, Legal Services to discuss process. ADJACENT LAND CONDITIONS: North: Mill Walk Court/Residential South: Residential East: Hall Street West: Residential CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED Committee of Adjustment: This application was circulated to the commenting departments and agencies on April 25, 2016. Public notice was mailed on May 5, 2016. Applicant confirmed posting of signage on May 5, 2016. Planning & Regulatory Services - Building/Zoning: The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the following comments: 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. 15-90 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 & Regulatory Services - Planning: The applicant is seeking approval to sever two portions of the subject lands for residential purposes in order to create a total of three new lots with frontage onto Mill Walk Court. The severed lots will measure approximately 17.23 metres (56.53 feet) by 27.54 metres (90.35 feet), approximately 464.51 square metres (4999.94 square feet), and 16.89 metres (55.41 feet) by 27.56 metres (90.42 feet), approximately 464.51 square metres (4999.94 square feet) respectively. The retained land will measure 16.36 (53.67 feet) metres by 27.56 metres (90.42 feet), approximately 462.08 square metres (4973.79 square feet). In order to facilitate the above-described severance, the applicant is requesting relief from By-law No. 66-71, as amended, to permit a reduced lot area on the retained land. In support of this request, the following variance is proposed: reduced minimum lot area from 464.51 square metres (5000 square feet), as required, to 462.00 square metres (4, 972.92 square feet), as proposed.
May 19, 2016 Page 9 The requested variance for reduced lot area on the retained parcel is considered to be appropriate. The surrounding lot fabric includes a range of lot sizes. Furthermore, in considering the potential future development of medium-density residential in the area as explored in the Benson-Hunt Tertiary Plan, the existing range of lot fabric is likely to undergo further changes, thereby limiting any potential negative impacts that may result from a reduced lot size. Therefore, the proposed reduced lot area would be appropriate considering the existing and potential future lot fabric of the surrounding area. It should also be noted that Bell Canada is requesting a one (1) metre wide easement along the rear property line as a condition of approval in order to protect the integrity of the existing facilities to maintain service to the abutting lands. All cost associated with the transaction will be the responsibility of the Owner. The applicant is responsible for addressing this condition with Bell Canada. On the basis of the preceding, Planning staff concludes that the two (2) new lots to be created through the proposed severance is generally compatible with the existing lot fabric and character of the surrounding area. In addition, the requested variance is considered to be appropriate within the context of the neighbourhood. The proposal meets the four (4) conditions described under Section 45(1) of the Planning Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law and of the Town s Official Plan. Planning & Regulatory Services - Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation reserve. 1. GRADING CONDITION "That the applicant: (a) 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; (b) obtain the Town's approval of the grading plan referred to in (a); (c) 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 (d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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."
May 19, 2016 Page 10 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426. The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15. Plan Review $ 412.00 + HST Agreement Preparation $ 495.00 or $2,500.00 + HST Registration/Admin. $ 115.00 Install Catchbasin $ 7,087.20 + HST Survey Layout $ 676.30 + HST C.C.T.V. Scan ($648.00 + HST) x 2 $ 1,296.00 + HST Install 250 mm Catchbasin Lead $ 1,260.00 per metre + HST Install Cleanout $ 1,890.00 + HST Decommission Catchbasin $ 2,362.80 + HST 2. SERVICE CONNECTION CONDITION 25 mm water service $ 904.80 per metre + HST Combined 25 mm water service with storm or sanitary $ 656.40 per metre + HST Disconnect Water service $ 1,575.60 + HST Water disconnect in a combined trench $ 709.20 + HST 125 sanitary service $ 1.393.20 per metre + HST 150 storm service $ 1,339.20 per metre (if applicable) + HST Combined storm and sanitary service is $ 1,544.40 per metre (if applicable and if in same trench) + HST Disconnect Storm or Sanitary $ 3,937.20 + HST each Storm or Sanitary disconnect in a combined trench $1,339.20 + HST each C.C.T.V Scan $ 648.00 + HST 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: arrangements and payment for service connections can be made through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949. 3. 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. Planning & Regulatory Services - Parks & Natural Heritage: Parks staff has no comments on the application. Comments to the applicant for future reference The owner must comply with Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town, prior to undertaking the works. A tree replacement plan will be required as a condition of tree removal. Development of the future lots will require removal of Town owned boulevard trees. Design the future driveways, etc. to preserve the maximum amount of boulevard trees. For those that cannot be preserved, a removal and replacement fee will be required.
May 19, 2016 Page 11 Planning & Regulatory Services - By-Law Enforcement: Planning & Regulatory Services Heritage: Corporate & Financial Services: 1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, which agreement must be registered on title to the retained parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $112.00 to reimburse the Town for the cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department). 2. Total commuted local improvement charges (corner lots exempt lands) $186.40. As a condition of consent, the applicant will be required to commute local improvement charges on both the subject and retained lands. For information purposes, the above amount represents the estimated charge payable as of May 24, 2016. The applicant will be required to pay the prevailing rate at the time of fulfilling other financial conditions. Please contact Finance Department, Development Section). 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, on the retained land. 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 the severed 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 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 severed 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 the date of demolition.) PowerStream Inc.: Enbridge Gas Distribution Inc.: No objections (comments attached) No objections (comments attached). Bell Canada: Subequent to review of the application for consent by our Engineering Department, it has been identified that Bell Canada will require a 1 metre wide easement along the rear of the property line to protect our existing aerial facilities. The applicant should contact Cindy Pridham, Right of Way Associate, at (705) 722-2636 to confirm process and costs associated with the transaction. Bell Canada comments attached. York Region - Transportation & Community Planning Department: York Region District School Board: York Region Separate School Board: No concerns.
May 19, 2016 Page 12 TRCA: CN Rail: TransCanada Pipeline: Abutting Municipality: Ministry of Transportation: Infrastructure Ontario: No comments or objections. Located outside jurisdiction. Previous / Concurrent Applications for the Subject Lands: B006/16 Concurrent Application A040/16 - Concurrent Application STAFF RECOMMENDATION: Should the Committee find it appropriate to approve this application, the following conditions are recommended: PLANNING & REGULATORY SERVICES DEPARTMENT REGULATORY SERVICES ZONING SECTION: 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. 15-90 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 & REGULATORY SERVICES - DEVELOPMENT ENGINEERING: 2. GRADING CONDITION "That the applicant: (a) 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; (b) obtain the Town's approval of the grading plan referred to in (a); (c) 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 (d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426. The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15. Plan Review $ 412.00 + HST Agreement Preparation $ 495.00 or $2,500.00 + HST Registration/Admin. $ 115.00 Install Catchbasin $ 7,087.20 + HST Survey Layout $ 676.30 + HST
May 19, 2016 Page 13 C.C.T.V. Scan ($648.00 + HST) x 2 Install 250 mm Catchbasin Lead Install Cleanout Decommission Catchbasin $ 1,296.00 + HST $ 1,260.00 per metre + HST $ 1,890.00 + HST $ 2,362.80 + HST 3. SERVICE CONNECTION CONDITION 25 mm water service $ 904.80 per metre + HST Combined 25 mm water service with storm or sanitary $ 656.40 per metre + HST Disconnect Water service $ 1,575.60 + HST Water disconnect in a combined trench $ 709.20 + HST 125 sanitary service $ 1.393.20 per metre + HST 150 storm service $ 1,339.20 per metre (if applicable) + HST Combined storm and sanitary service is $ 1,544.40 per metre (if applicable and if in same trench) + HST Disconnect Storm or Sanitary $ 3,937.20 + HST each Storm or Sanitary disconnect in a combined trench $1,339.20 + HST each C.C.T.V Scan $ 648.00 + HST 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: arrangements and payment for service connections can be made through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949. 4. 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. CORPORATE AND FINANCIAL SERVICES: 5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land, pursuant to Section 42 of the Planning Act, prior to the issuance of a building permit. Such agreement must be registered on title to the RETAINED PARCEL for the purpose of notice. Further, the applicant shall be required to pay the sum of $112.00 to reimburse the Town for the cost of registration of the agreement (please contact the Legal Department). (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any cash-in-lieu owing under Section 42, at an earlier date. The applicant (owner) may determine the amount of cash-inlieu required by contacting the Finance Department.). 6. Total commuted local improvement charges (corner lots exempt lands) $186.40. As a condition of consent, the applicant will be required to commute local improvement charges on both the subject and retained lands. For information purposes, the above amount represents the estimated charge payable as of May 24, 2016. The applicant will be required to pay the prevailing rate at the time of fulfilling other financial conditions. Please contact Finance Department, Development Section). 7. Payment of all current and outstanding taxes to date of consent. BELL CANADA 8. That the applicant provides a 1 metre wide easement (in favour of Bell Canada) along the rear of the property line to protect our existing aerial facilities. The applicant should contact Cindy Pridham, Right of Way Associate, at (705) 722-2636 to confirm process and costs associated with the transaction.
May 19, 2016 Page 14 COMMITTEE OF ADJUSTMENT: 9. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the severed land (easement), for use for the issuance of the certificate of consent. 10. 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. WARNING: ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which this application shall thereupon be deemed to be refused. Section 53(41), The Planning Act R.S.O., 1990 FINANCE/REGIONAL AND MUNICIPAL NOTICE: 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. The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act for the 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 existing structure is to be demolished (must build within four years from the date of demolition). Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished. (Must build within four years from the date of the Demolition Permit.) Please note that prior to the issuance of the Certificate of Official the Residential Certification Fee in the amount of $1301.00 is required (fees subject to change). Christine Vigneault, ACST Secretary-Treasurer Committee of Adjustment
May 19, 2016 Page 15 TOWN OF RICHMOND HILL COMMITTEE OF ADJUSTMENT CONSENT STAFF REPORT B APPLICATION: B006/16 RELATED FILES: B005/16 & A040/16 DATE: MAY 19, 2016 NAME OF OWNER: NAME OF AGENT: JAMES & MICHAEL BOSEOVSKI N/A STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990 THE PROPERTY: 106 & 108 HALL STREET Town of Richmond Hill THE PROPOSAL: To sever a parcel of land for residential purposes, approximately 16.89 metres (55.41 feet) by irregular, approximately 464.51 square metres (5,000.00 square feet) and retain a parcel of land for residential purposes approximately 16.36 metres (53.67 feet) by irregular, approximately 462.08 square metres (4973.78 square feet). The severed and retained lands will have frontage onto Mill Walk Court and the accessory structures are to be demolished. PRESENT DESIGNATION: Official Plan: Zoning Classification: Zoning By-law: Neighbourhood Residential Second Density Zone R2 66-71, as amended ZONING PROVISIONS: Minimum Lot Frontage: 15.24 metres (50 feet) Minimum Lot Area: 464.51 square metres (5,000 square feet) Minimum Front Yard Setback: 7.70 metres (25.26 feet) Minimum Interior Side Yard Setback: 1.83 metres (6 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Building Height: 10.67 metres (35 feet) Maximum Lot Coverage: 30% 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.
May 19, 2016 Page 16 SITE CONDITIONS: The subject lands are located on Hall Street, north of Richmond Street, south of Benson Avenue, and west of Yonge Street. The lands currently support two single-detached dwellings. The subject lands are located with the Benson-Hunt Tertiary Plan study area in accordance with the Town s New Official Plan. The lands subject to the above-listed applications consist of Block 10 on Plan 65M-3408. This block is currently subject to Section 119 restrictions, prohibiting the transfer of these lands. Pending issuance of the Committee s certificate of consent, the existing Section 119 restrictions must be lifted. Please note that once the Certificate of Official has been released, the Town will be in a position to release the Section 119 restrictions. The applicant should contact Dawn Mansfield, Law Clerk, Legal Services to discuss process. ADJACENT LAND CONDITIONS: North: Mill Walk Court/Residential South: Residential East: Hall Street West: Residential CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED Committee of Adjustment: This application was circulated to the commenting departments and agencies on April 25, 2016. Public notice was mailed on May 5, 2016. Applicant confirmed posting of signage on May 5, 2016. Planning & Regulatory Services - Building/Zoning: The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the following comments: 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. 15-90 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 & Regulatory Services - Planning: The applicant is seeking approval to sever two portions of the subject lands for residential purposes in order to create a total of three new lots with frontage onto Mill Walk Court. The severed lots will measure approximately 17.23 metres (56.53 feet) by 27.54 metres (90.35 feet), approximately 464.51 square metres (4999.94 square feet), and 16.89 metres (55.41 feet) by 27.56 metres (90.42 feet), approximately 464.51 square metres (4999.94 square feet) respectively. The retained land will measure 16.36 (53.67 feet) metres by 27.56 metres (90.42 feet), approximately 462.08 square metres (4973.79 square feet). In order to facilitate the above-described severance, the applicant is requesting relief from By-law No. 66-71, as amended, to permit a reduced lot area on the retained land. In support of this request, the following variance is proposed: reduced minimum lot area from 464.51 square metres (5000 square feet), as required, to 462.00 square metres (4, 972.92 square feet), as proposed.
May 19, 2016 Page 17 The requested variance for reduced lot area on the retained parcel is considered to be appropriate. The surrounding lot fabric includes a range of lot sizes. Furthermore, in considering the potential future development of medium-density residential in the area as explored in the Benson-Hunt Tertiary Plan, the existing range of lot fabric is likely to undergo further changes, thereby limiting any potential negative impacts that may result from a reduced lot size. Therefore, the proposed reduced lot area would be appropriate considering the existing and potential future lot fabric of the surrounding area. It should also be noted that Bell Canada is requesting a one (1) metre wide easement along the rear property line as a condition of approval in order to protect the integrity of the existing facilities to maintain service to the abutting lands. All cost associated with the transaction will be the responsibility of the Owner. The applicant is responsible for addressing this condition with Bell Canada. On the basis of the preceding, Planning staff concludes that the two (2) new lots to be created through the proposed severance is generally compatible with the existing lot fabric and character of the surrounding area. In addition, the requested variance is considered to be appropriate within the context of the neighbourhood. The proposal meets the four (4) conditions described under Section 45(1) of the Planning Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law and of the Town s Official Plan. Planning & Regulatory Services - Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation reserve. 1. GRADING CONDITION "That the applicant: (a) 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; (b) obtain the Town's approval of the grading plan referred to in (a); (c) 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 (d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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."
May 19, 2016 Page 18 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426. The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15. Plan Review $ 412.00 + HST Agreement Preparation $ 495.00 or $2,500.00 + HST Registration/Admin. $ 115.00 Install Catchbasin $ 7,087.20 + HST Survey Layout $ 676.30 + HST C.C.T.V. Scan ($648.00 + HST) x 2 $ 1,296.00 + HST Install 250 mm Catchbasin Lead $ 1,260.00 per metre + HST Install Cleanout $ 1,890.00 + HST Decommission Catchbasin $ 2,362.80 + HST 2. SERVICE CONNECTION CONDITION 25 mm water service $ 904.80 per metre + HST Combined 25 mm water service with storm or sanitary $ 656.40 per metre + HST Disconnect Water service $ 1,575.60 + HST Water disconnect in a combined trench $ 709.20 + HST 125 sanitary service $ 1.393.20 per metre + HST 150 storm service $ 1,339.20 per metre (if applicable) + HST Combined storm and sanitary service is $ 1,544.40 per metre (if applicable and if in same trench) + HST Disconnect Storm or Sanitary $ 3,937.20 + HST each Storm or Sanitary disconnect in a combined trench $1,339.20 + HST each C.C.T.V Scan $ 648.00 + HST 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: arrangements and payment for service connections can be made through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949. 3. 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. Planning & Regulatory Services - Parks & Natural Heritage: Parks staff has no comments on the application. Comments to the applicant for future reference The owner must comply with Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to or greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town, prior to undertaking the works. A tree replacement plan will be required as a condition of tree removal. Development of the future lots will require removal of Town owned boulevard trees. Design the future driveways, etc. to preserve the maximum amount of boulevard trees. For those that cannot be preserved, a removal and replacement fee will be required.
May 19, 2016 Page 19 Planning & Regulatory Services - By-Law Enforcement: Planning & Regulatory Services Heritage: Corporate & Financial Services: 1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further the applicant shall be required to pay the sum of $112.00 to reimburse the Town for the cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department). 2. Total commuted local improvement charges (corner lots exempt lands) $186.40. As a condition of consent, the applicant will be required to commute local improvement charges on both the subject and retained lands. For information purposes, the above amount represents the estimated charge payable as of May 24, 2016. The applicant will be required to pay the prevailing rate at the time of fulfilling other financial conditions. Please contact Finance Department, Development Section). 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, on the retained land. 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 the severed 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 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 severed 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 the date of demolition.) PowerStream Inc.: Enbridge Gas Distribution Inc.: Bell Canada: York Region - Transportation & Community Planning Department: York Region District School Board: York Region Separate School Board: TRCA: CN Rail: TransCanada Pipeline: No objections (comments attached) No objections (comments attached). No concerns. No comments or objections.
May 19, 2016 Page 20 Abutting Municipality: Ministry of Transportation: Infrastructure Ontario: Located outside jurisdiction. Previous / Concurrent Applications for the Subject Lands: B005/16 Concurrent Application A040/16 - Concurrent Application STAFF RECOMMENDATION: Should the Committee find it appropriate to approve this application, the following conditions are recommended: PLANNING & REGULATORY SERVICES DEPARTMENT REGULATORY SERVICES ZONING SECTION: 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. 15-90 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 & REGULATORY SERVICES - DEVELOPMENT ENGINEERING: 2. GRADING CONDITION "That the applicant: (a) 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; (b) obtain the Town's approval of the grading plan referred to in (a); (c) 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 (d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) 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 Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426. The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15. Plan Review $ 412.00 + HST Agreement Preparation $ 495.00 or $2,500.00 + HST Registration/Admin. $ 115.00 Install Catchbasin $ 7,087.20 + HST Survey Layout $ 676.30 + HST C.C.T.V. Scan ($648.00 + HST) x 2 $ 1,296.00 + HST Install 250 mm Catchbasin Lead $ 1,260.00 per metre + HST Install Cleanout $ 1,890.00 + HST Decommission Catchbasin $ 2,362.80 + HST
May 19, 2016 Page 21 3. SERVICE CONNECTION CONDITION 25 mm water service $ 904.80 per metre + HST Combined 25 mm water service with storm or sanitary $ 656.40 per metre + HST Disconnect Water service $ 1,575.60 + HST Water disconnect in a combined trench $ 709.20 + HST 125 sanitary service $ 1.393.20 per metre + HST 150 storm service $ 1,339.20 per metre (if applicable) + HST Combined storm and sanitary service is $ 1,544.40 per metre (if applicable and if in same trench) + HST Disconnect Storm or Sanitary $ 3,937.20 + HST each Storm or Sanitary disconnect in a combined trench $1,339.20 + HST each C.C.T.V Scan $ 648.00 + HST 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: arrangements and payment for service connections can be made through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949. 4. 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. CORPORATE AND FINANCIAL SERVICES: 5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land, pursuant to Section 42 of the Planning Act, prior to the issuance of a building permit. Such 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 $112.00 to reimburse the Town for the cost of registration of the agreement (please contact the Legal Department). (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any cash-in-lieu owing under Section 42, at an earlier date. The applicant (owner) may determine the amount of cash-inlieu required by contacting the Finance Department.). 6. Total commuted local improvement charges (corner lots exempt lands) $186.40. As a condition of consent, the applicant will be required to commute local improvement charges on both the subject and retained lands. For information purposes, the above amount represents the estimated charge payable as of May 24, 2016. The applicant will be required to pay the prevailing rate at the time of fulfilling other financial conditions. Please contact Finance Department, Development Section). 7. Payment of all current and outstanding taxes to date of consent. COMMITTEE OF ADJUSTMENT: 8. That Consent Applications B005/16 receive final certification of the Secretary-Treasurer and be registered on title. 9. That Minor Variance Application A040/16 be approved and become final and binding. 10. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the severed land (easement), for use for the issuance of the certificate of consent. 11. 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.