COMMITTEE OF ADJUSTMENT AND CONSENT MINUTES Section 45 and 53 of the Planning Act Meeting COA # 12-05 Thursday, THE MILTON COMMITTEE OF ADJUSTMENT AND CONSENT MET IN THE COUNCIL CHAMBERS, TOWN OF MILTON AT 7:00 P.M., THURSDAY, OCTOBER 27, 2005. MEMBERS PRESENT: STAFF PRESENT: Mr., Chair Mr., Vice-Chair Mr. Mr. Mr. Ms. Anne Dawkins, Manager, Development Services, Town of Milton Ms. Bronwyn Marshall, Secretary-Treasurer, Committee of Adjustment and Consent, Town of Milton The meeting was called to order at 7:00 p.m. There was no conflict of interest declared by Committee Members. The Chair confirmed that a quorum was in attendance. ITEMS FOR DISCUSSION CONSENT APPLICATION B-05/007/M (RIOCAN NEW LOT HOME DEPOT) CONSENT APPLICATION B-05/008/M (RIOCAN MUTUAL EASEMENTS) CONSENT APPLICATION B-05/009/M (RIOCAN NEW LOT) MINOR VARIANCE APPLICATION A-05/076/M (KOSHURBA) MINOR VARIANCE APPLICATION A-05/077/M (ISPNET INTERNET SOLUTIONS INC./OVERLAND) MINOR VARIANCE APPLICATION A-05/078/M (FOSTER) MINOR VARIANCE APPLICATION A-05/079/M (EILANDER) MINOR VARIANCE APPLICATION A-05/080/M (MATTAMY (BROWNRIDGE) LTD. 1042 MCNEIL DRIVE) MINOR VARIANCE APPLICATION A-05/081/M (MATTAMY (BROWNRIDGE) LTD. 975 DONNELLY STREET) MINOR VARIANCE APPLICATION A-05/082/M (MATTAMY (BROWNRIDGE) LTD. 977 DONNELLY STREET) MINOR VARIANCE APPLICATION A-05/083/M (ONTARIO ELECTRIC RAILWAY HISTORICAL ASSOCIATION) MINOR VARIANCE APPLICATION A-05/084/M (RIOCAN REAL ESTATE INVESTMENT TRUST) MINOR VARIANCE APPLICATION A-05/085/M (GRANT) The Chair inquired as to whether any of the applicants wished to request deferral of their application. At that time, Ms. Dawkins, Manager of Development Services came to the stand to address the Committee regarding application A-05/077/M. Ms. Dawkins explained that Town staff was requesting deferral of the application at this time. She explained that it is staffs opinion that this type of tower proposal was not anticipated when the existing Official Plan or Zoning By-law were created, therefore staff feels as though this issue is better dealt with through an amendment to the Zoning By-law rather than through a minor variance application. Responding to questions from the Committee Ms. Dawkins explained that it is anticipated at this time that the public process will likely begin sometime in December with the amendment going to Council likely in January. Ms. Dawkins explained that the problem is that if this issue were to come up again through another tower company, the Committee would be back at the same point again as we really do not have any policies in place to deal with this issue.
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 2 of 23 MOTION TO DEFER: MOVED BY: SECONDED BY: THAT the minor variance application of Ispnet Internet Solutions/Lyle and Marie Overland, FILE #A-05/077/M (Ispnet Internet Solutions Inc/Overland), to the Town of Milton Committee of Adjustment and Consent for permission to allow for an increase in maximum height to 22.0m for an internet transmission/receiving tower, WHEREAS Section 4.4 of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum height of 13.0m for (among others) radio or television antennae or similar structures on Lot 27, Plan 20M-501, municipally known as 2055 Milne Court, be DEFERRED to another meeting in order to give the Town time to review the issue in it s entirety, possibly going to a meeting in January. Signed in Favour to the motion to defer: Signed in Opposition to the motion to defer: MOTION TO DEFER CARRIED The following Minor Variance application was heard by the Committee prior to hearing the Consent Applications as scheduled in the agenda, as the applicant was before the Committee at this time due only to an accidental omission from the Town s previous Zoning Officer when his review of the proposal took place. The application was reviewed within the context of Section 45(1) of the Planning Act: MINOR VARIANCE APPLICATION A-05/085/M (Grant) Bradley Grant 2010 Southcott Drive Lot 13, Plan 20M-258 Agent: David Miller Requesting permission to allow for a portion of the proposed garage to be located in the exterior side yard, WHEREAS Section 4.1.1.2.2 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits detached garages in the interior side or rear yard only on Lot 13, Plan 20M-258, municipally known as 2010 Southcott Drive,. Present: Mr. David Miller - agent 787 Frobisher Drive Milton ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application.
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 3 of 23 Overview: Mr. Miller, the agent, was sworn in. Mr. Miller explained to the Committee that he was again returning to the Committee to request an additional variance regarding garage location as this provision of the Zoning By-law was accidentally overlooked by the Town s previous Zoning Officer otherwise it could have been dealt with when they were before the Committee previously. Committee Deliberations: The Committee had no concerns with the application as any issues had been dealt with at the original time that the application was heard. MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: SECONDED BY: THAT the minor variance application of Bradley Grant, FILE #A-05/085/M (Grant), to the Town of Milton Committee of Adjustment and Consent for permission to allow for a portion of the proposed garage to be located in the exterior side yard, WHEREAS Section 4.1.1.2.2 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits detached garages in the interior side or rear yard only on Lot 13, Plan 20M-258, municipally known as 2010 Southcott Drive, be APPROVED. Signed in Favour to the motion to approve: Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. The following consent applications were heard by the Committee at the same time as each application represents the same parcel of land, and each was reviewed within the context of Section 53 of the Planning Act:
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 4 of 23 CONSENT APPLICATION B-05/007/M (RioCan New Lot Home Depot) RioCan Real Estate Investment Trust Maple Avenue Blocks 175 & 176, RP 20M-813; Block 115, RP 20M-851, Part Lot 15, Concession 4 Agent: MHBC Planning Ltd. c/o David McKay Requesting permission for consent to a severance for the creation of a new lot (3.25 ha) to be used for a home improvement store (Home Depot) on Blocks 175 & 176, RP 20M-813; Block 115, RP 20M- 851, Part Lot 15, Concession 4, municipally known as Maple Avenue, Town of Milton, Regional Municipality of Halton. CONSENT APPLICATION B-05/008/M (RioCan Mutual Easements) RioCan Real Estate Investment Trust Maple Avenue Blocks 175 & 176, RP 20M-813; Block 115, RP 20M-851, Part Lot 15, Concession 4 Agent: MHBC Planning Ltd. c/o David McKay Requesting 05/008/M (RioCan Mutual Easements) CONSENT APPLICATION B-05/009/M (RioCan New Lot) RioCan Real Estate Investment Trust Maple Avenue Blocks 175 & 176, RP 20M-813; Block 115, RP 20M-851, Part Lot 15, Concession 4 Agent: MHBC Planning Ltd. c/o David McKay Requesting permission for consent to a severance for conveyance of a new lot (1.43 ha) for the purpose of retail/commercial uses on Blocks 175 & 176, RP 20M-813; Block 115, RP 20M-851, Part Lot 15, Concession 4,. MINOR VARIANCE APPLICATION A-05/084/M (RioCan Real Estate Investment Trust) RioCan Real Estate Investment Trust Maple Avenue Blocks 175 & 176, RP 20M-813; Block 115, RP 20M-851, Part Lot 15, Concession 4 Agent: MHBC Planning Ltd. c/o David McKay Requesting permission to allow: o Multiple lots, under separate ownership, to be developed as a single lot for the purposes of administering the Zoning By-law, WHEREAS Section 3 of Comprehensive Zoning By-law 144-2003, as amended, defines Lot as a parcel of land in one ownership which is capable of being legally conveyed in accordance with the Planning Act or is described in accordance with a registered Plan of Condominium; and o For Lot Line to mean the perimeter of a lot at its outermost boundary for the purposes of administering the Zoning By-law, WHEREAS Section 3 of Comprehensive Zoning By-law 144-2003, as amended, defines Lot Line as any boundary of a lot or its vertical projection, on Blocks 175 & 176, RP 20M-813; Block 115, RP 20M-851, Part Lot 15, Concession 4, municipally known as Maple Avenue,.
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 5 of 23 Present: Mr. David McKay - agent MHBC Planning Ltd. 7050 Weston Road Woodbridge ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Chair Yaworski noted for those in attendance that the Town has the authority to approve uncontested consents, however these three applications were brought before the Committee for approval due to the large public involvement that has taken place regarding this proposed development. Mr. McKay, the agent, was sworn in. Mr. McKay addressed the Committee and explained that he would be discussing all three of the consent applications as well as the associated minor variance at the same time as all four applications were directly related. He offered the Committee information regarding the current status of the site plan application and purpose for each of the severance applications before them this evening. He explained that the one severance for new lot was for the purpose of Home Depot being able to own their own parcel such that they can be an owner rather than just a tenant of their lands; and explained that the other severance is such that RioCan can own and develop this approximate 3.5 acre parcel as well as the retained piece. Mr. McKay explained that the third severance application was for mutual easements over the entire parcel so that all three parcels can act as one for the services such as access, drainage etc. He explained that the minor variance is essentially for the same purpose, to treat the lot as one for the purposes of administering the Zoning By-law. Committee Deliberations: The Committee asked Mr. McKay a few questions regarding parking and whether or not it was typical for Home Depot to request ownership over their own lands. Mr. McKay explained that the required parking is still met regardless of Home Depot owning their own parking as part of their severance for new lot. MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 53 of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application conforms to the Regional Official Plan 2. That the application conforms to the Local Official Plan MOVED BY: SECONDED BY: THAT the consent application of RioCan Real Estate Investment Trust, FILE #B-05/007/M (RioCan New Lot Home Depot), to the Town of Milton Committee of Adjustment and Consent for permission for consent to a severance for the creation of a new lot (3.25 ha) to be used for a home improvement store (Home Depot) on Blocks 175 & 176, RP 20M-813; Block 115, RP 20M-851, Part Lot 15, Concession 4, municipally known as Maple Avenue, be APPROVED WITH THE FOLLOWING CONDITIONS:
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 6 of 23 1. The Applicant shall provide the Town with three (3) full-sized copies of the deposited reference plan, together with one reduced copy (no larger than 11 x 17 ), prior to final Consent being granted; 2. The Applicant shall provide the Town with a registerable legal description, prior to final Consent being granted; 3. The Applicant shall provide proof of payment of any outstanding property taxes, at the time of the issuance of Consent, to the satisfaction of the Town, prior to final Consent being granted; 4. The Owner shall obtain approval of the Milton Committee of Adjustment and Consent of a Minor Variance Application with respect to the definition of lot and lot line, to the satisfaction of the Town, prior to final Consent being granted. NOTES: THE OWNER, HIS SUCCESSORS AND ASSIGNS ARE HEREBY NOTIFIED AS FOLLOWS: 1. Regional Development Charges will be payable in accordance with the applicable Regional Development Charges By-law, prior to the issuance of a Building Permit. 2. Development Charges of the Town of Milton are applicable on any future development and payable at the time of building permit issuance at the non-residential rate in effect at that time. 3. It is the responsibility of the applicant/agent to ensure that the wells and sewage disposal systems are located fully on the properties to be severed and retained. 4. For all property interests to be conveyed to the Town or the Region, the Owner acknowledges and agrees that the survey, reference plan, transfer fee and all costs associated with registration, including legal fees incurred by the municipality, are to be paid by the Owner. 5. Under By-law No. 128-2001 any development will be subject to cash-in-lieu of parkland. This fee is due prior to issuance of a building permit. (An accurate site plan is required to determine the fee.) 6. The new property lines will create Spatial Separation construction restrictions on the proposed buildings by limiting the unprotected openings areas and requiring increased fire resistance ratings on walls facing the revised property lines. Signed in Favour to the motion to approve: Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 7 of 23 MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 53 of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application conforms to the Regional Official Plan 2. That the application conforms to the Local Official Plan MOVED BY: SECONDED BY: THAT the consent application of RioCan Real Estate Investment Trust, FILE #B-05/008/M (RioCan Mutual Easements), to the Town of Milton Committee of Adjustment and Consent for permission for consent to a severance for conveyance of a new lot (1.43 ha) for the purpose of retail/commercial uses on Blocks 175 & 176, RP 20M-813; Block 115, RP 20M-851, Part Lot 15, Concession 4, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS: 1. The Applicant shall provide the Town with three (3) full-sized copies of the deposited reference plan, together with one reduced copy (no larger than 11 x 17 ), prior to final Consent being granted; 2. The Applicant shall provide the Town with a registerable legal description, prior to final Consent being granted; 3. The Applicant shall provide proof of payment of any outstanding property taxes, at the time of the issuance of Consent, to the satisfaction of the Town, prior to final Consent being granted; 4. The Owner shall obtain approval of the Milton Committee of Adjustment and Consent of a Minor Variance Application with respect to the definition of lot and lot line, to the satisfaction of the Town, prior to final Consent being granted. NOTES: THE OWNER, HIS SUCCESSORS AND ASSIGNS ARE HEREBY NOTIFIED AS FOLLOWS: 1. Regional Development Charges will be payable in accordance with the applicable Regional Development Charges By-law, prior to the issuance of a Building Permit. 2. Development Charges of the Town of Milton are applicable on any future development and payable at the time of building permit issuance at the non-residential rate in effect at that time. 3. It is the responsibility of the applicant/agent to ensure that the wells and sewage disposal systems are located fully on the properties to be severed and retained. 4. For all property interests to be conveyed to the Town or the Region, the Owner acknowledges and agrees that the survey, reference plan, transfer fee and all costs associated with registration, including legal fees incurred by the municipality, are to be paid by the Owner. 5. Under By-law No. 128-2001 any development will be subject to cash-in-lieu of parkland. This fee is due prior to issuance of a building permit. (An accurate site plan is required to determine the fee.) 6. The new property lines will create Spatial Separation construction restrictions on the proposed buildings by limiting the unprotected openings areas and requiring increased fire resistance ratings on walls facing the revised property lines. Signed in Favour to the motion to approve:
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 8 of 23 Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 53 of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application conforms to the Regional Official Plan 2. That the application conforms to the Local Official Plan MOVED BY: SECONDED BY: THAT the consent application of RioCan Real Estate Investment Trust, FILE #B-05/009/M (RioCan New Lot), to the Town of Milton Committee of Adjustment and Consent for permission for consent to a severance for conveyance of a new lot (1.43 ha) for the purpose of retail/commercial uses on Blocks 175 & 176, RP 20M- 813; Block 115, RP 20M-851, Part Lot 15, Concession 4, be APPROVED WITH THE FOLLOWING CONDITIONS: 1. The Applicant shall provide the Town with three (3) full-sized copies of the deposited reference plan, together with one reduced copy (no larger than 11 x 17 ), prior to final Consent being granted; 2. The Applicant shall provide the Town with a registerable legal description, prior to final Consent being granted; 3. The Applicant shall provide proof of payment of any outstanding property taxes, at the time of the issuance of Consent, to the satisfaction of the Town, prior to final Consent being granted; 4. The Owner shall obtain approval of the Milton Committee of Adjustment and Consent of a Minor Variance Application with respect to the definition of lot and lot line, to the satisfaction of the Town, prior to final Consent being granted. NOTES: THE OWNER, HIS SUCCESSORS AND ASSIGNS ARE HEREBY NOTIFIED AS FOLLOWS: 1. Regional Development Charges will be payable in accordance with the applicable Regional Development Charges By-law, prior to the issuance of a Building Permit. 2. Development Charges of the Town of Milton are applicable on any future development and payable at the time of building permit issuance at the non-residential rate in effect at that time. 3. It is the responsibility of the applicant/agent to ensure that the wells and sewage disposal systems are located fully on the properties to be severed and retained. 4. For all property interests to be conveyed to the Town or the Region, the Owner acknowledges and agrees that the survey, reference plan, transfer fee and all costs associated with registration, including legal fees incurred by the municipality, are to be paid by the Owner.
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 9 of 23 5. Under By-law No. 128-2001 any development will be subject to cash-in-lieu of parkland. This fee is due prior to issuance of a building permit. (An accurate site plan is required to determine the fee.) 6. The new property lines will create Spatial Separation construction restrictions on the proposed buildings by limiting the unprotected openings areas and requiring increased fire resistance ratings on walls facing the revised property lines. Signed in Favour to the motion to approve: Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: SECONDED BY: THAT the minor variance application of RioCan Real Estate Investment Trust, FILE #A-05/084/M (RioCan Real Estate Investment Trust), to the Town of Milton Committee of Adjustment and Consent for permission to allow Multiple lots, under separate ownership, to be developed as a single lot for the purposes of administering the Zoning By-law, WHEREAS Section 3 of Comprehensive Zoning By-law 144-2003, as amended, defines Lot as a parcel of land in one ownership which is capable of being legally conveyed in accordance with the Planning Act or is described in accordance with a registered Plan of Condominium; and for Lot Line to mean the perimeter of a lot at its outermost boundary for the purposes of administering the Zoning By-law, WHEREAS Section 3 of Comprehensive Zoning By-law 144-2003, as amended, defines Lot Line as any boundary of a lot or its vertical projection, on Blocks 175 & 176, RP 20M-813; Block 115, RP 20M-851, Part Lot 15, Concession 4, municipally known as Maple Avenue, be APPROVED WITH THE FOLLOWING CONDITIONS: 1. The requested variances must only apply to the specific parcels of land that are currently being developed (i.e. Blocks 175 & 176, 20M-813; Block 115, 20M-851; Part of SW ½ Lot 15, Conc. 4 also known as Part 1, Plan 20R-13327). If in the future any abutting property is purchased to enlarge the site, the standard definitions of Lot and Lot Line will apply. 2. Building Permits shall be applied for on every building. All services, access, etc. must be in place for each individual building applied for prior to issuance of a Building Permit.
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 10 of 23 Notes: 1. Considerations from a Building Code perspective relative to Spatial Separation considerations will be calculated to the severed property line or halfway to the next building face, whichever is the worst case scenario. Signed in Favour to the motion to approve: Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of these decisions being rendered. The following minor variance applications were reviewed within the context of Section 45 (1) of the Planning Act: MINOR VARIANCE APPLICATION A-05/076/M (Koshurba) Kevin Koshurba 30 Glenda Jane Drive Lot 1, Plan 20M-82 Requesting permission to allow an increase in maximum lot coverage to 15.8%, WHEREAS Section 6.2 (Table 6H) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum lot coverage of 10% on Lot 1, Plan 20M-82, municipally known as 30 Glenda Jane Drive, Town of Milton, Regional Municipality of Halton. Present: Mr. Kevin Koshurba and Mrs. Stephanie Koshurba - owners 30 Glenda Jane Drive Milton ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Mr. and Mrs. Koshurba, the owners were sworn in. Mr. Koshurba explained that he and his wife would like to renovate their house by bumping out their front room to provide for a larger family/living room area. He explained that all setbacks were met, however they were before the Committee this evening due to lot coverage. Committee Deliberations: Chair Yaworski asked Mr. Koshurba if he had appeared before the Committee previously, and if so, what was the nature of the previous application?
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 11 of 23 Mr. Koshurba explained that he was before the Committee in 2002 asking for a variance to garage height. MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: SECONDED BY: THAT the minor variance application of Kevin Koshurba, FILE #A-05/076/M (Koshurba), to the Town of Milton Committee of Adjustment and Consent for permission to allow an increase in maximum lot coverage to 15.8%, WHEREAS Section 6.2 (Table 6H) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum lot coverage of 10% on Lot 1, Plan 20M-82, municipally known as 30 Glenda Jane Drive, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS: 1. That a building permit be applied for and received prior to commencement of construction. 2. That the approval be subject of an expiry in one year from the date of decision if the conditions are not met, if the proposed development does not proceed and/or a building permit is not secured. Signed in Favour to the motion to approve: Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/078/M (Foster) Sheryl Foster 8204 First Line Part Lot 2, Concession 1 Agent: Bob Foster Requesting permission to allow a reduction in minimum front yard setback to 14.19m for a proposed residential addition, WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003,
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 12 of 23 as amended, requires a minimum front yard setback of 22.5m on Part Lot 2, Concession 1, municipally known as 8204 First Line,. Present: Sheryl Foster owner 8204 First Line Campbellville ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Mrs. Foster, the owner, was sworn in. Mrs. Foster explained that she was before the Committee this evening to ask for a variance for setback to allow her and her husband to put an addition onto their existing home. She explained that the location of the proposed addition is off of the side of the home rather that the rear of the home due to the location of the septic bed. Committee Deliberations: Responding to questions from the Committee, Mrs. Foster explained that the existing porch will be enlarged a bit with the addition and that a new roof at the portion of the addition will be added as well. Mrs. Foster was asked if she had heard from any of her neighbours to which she replied that one lady said she can not wait to see how the addition turns out. MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: SECONDED BY: THAT the minor variance application of Sheryl Foster, FILE #A-05/078/M (Foster), to the Town of Milton Committee of Adjustment and Consent for permission to allow a reduction in minimum front yard setback to 14.19m for a proposed residential addition, WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum front yard setback of 22.5m on Part Lot 2, Concession 1, municipally known as 8204 First Line, be APPROVED WITH THE FOLLOWING CONDITIONS: 1. That the approval be subject of an expiry in one year from the date of the decision if the conditions are not met, if the proposed development does not proceed and/or a building permit (if applicable) is not secured. 2. That a building permit be applied for and received prior to commencement of construction.
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 13 of 23 Signed in Favour to the motion to approve: Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/079/M (Eilander) Bert Eilander 9090 Guelph Junction Road Lot 6, Concession 2 Agent: Dawn Eilander Requesting permission to allow for the following: o To deem the shortest lot line to be the front lot line, WHEREAS Section 3 of Comprehensive Zoning By-law 144-2003, as amended, defines the front lot line as in the case of an interior lot, the line that divides the lot from the street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line and the longer lot line abutting a street shall be deemed to be the exterior side lot line. In the case if a through lot, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line. ; o For the erection of buildings or structures where the property has no frontage on a public street or a private street as described in a registered Plan of Condominium, WHEREAS Section 4.6 of Comprehensive Zoning By-law 144-2003, as amended, requires that no building or structure be erected on a lot that does not have frontage on a public street or on a private street as described in a registered Plan of Condominium; o A reduction in minimum lot depth to 32m WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum lot depth of 130m; o A reduction in minimum front yard setback to 10.25m WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum front yard setback of 22.5m; o A reduction in minimum rear yard setback to 3.05m for a proposed accessory building, WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum rear yard setback of 22.5m; o A reduction to 5.0m distance from the railway right-of-way without a berm, WHEREAS Section 4.18.4 of Comprehensive Zoning By-law 144-2003, as amended, requires that no building or structure shall be located closer than 30m with a 2.5m berm from any railway right-of-way; o To allow two accessory buildings on the subject property (one existing shed and one proposed new accessory building) WHEREAS Section 4.1.2.2 (iii) of Comprehensive Zoning By-law 144-2003, as amended, requires that no more than one accessory building, including a detached garage exist on a lot that has a lot area of 2.0 hectares or less;
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 14 of 23 o A reduction in minimum interior side yard setback to 3.05m for a proposed accessory structure; WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum interior side yard setback of 7.5m; and, o To allow for a gravel driveway leading up to the proposed accessory building; WHEREAS Section 5.1 (ii) of Comprehensive Zoning By-law 144-2003, as amended, requires that all required parking spaces and parking areas be surface treated with asphalt, concrete, concrete pavers or similar material on Lot 6, Concession 2, municipally known as 9090 Guelph Junction Road,. Present: Mr. Bert Eilander 9090 Guelph Junction Road Milton ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Mr. Eilander, the owner, was sworn in. Mr. Eilander explained for the Committee that he wants to build a garage on his unique property. He explained that they believe the home was built in the early 1930 s and that when he took the threshold off, they found two Toronto Star papers dated January 1938. He advised that the original home owner was a rail worker as they home was built for the signalman of the facility and that he bought the home from the Homewood family in 1983. Mr. Eilander explained that he installed a new septic tank in 1993 and that it was located as far away from the home and well as he could have it placed. He explained that interior renovations on the house were done first and that a new hot tub and deck were installed in 2003. He explained that the old garage was torn down so that the new proposed deck could be built and that when he came in to apply for the building permit, he found out that the variances were required. Committee Deliberations: Chair Yaworski asked Mr. Eilander what their future plans were for the home? Mr. Eilander explained that they do have plans to make further additions onto the home including a new room off the front as well as renovating to create a modern kitchen. Chair Yaworski asked Mr. Eilander how they would deal with septic and well issues as identified by the Halton Region Health Department? Mr. Eilander advised that he would likely have to drill the well in a new location and added that he cannot move his septic bed due to the location and proximity of it to other homes in his area. He added that seeing the conditions imposed by the Region, he will likely have to make a new well. Vice-Chair Louks asked if Mr. Eilander was aware of the condition regarding abandonment of all other wells and asked if this would create a problem? Mr. Eilander advised that he was aware of the condition and that he realizes he may have to have his sewage cleaned out regularly. Chair Yaworski concluded by saying that the agencies and Committee have suggested their concerns and conditions such that the Heath and Safety of Mr. Eilander and his family will be protected. Chair Yaworski also commended Mr. Eilander for going about things the right way and ensuring that they would comply with the provisions of the by-law. MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor;
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 15 of 23 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: SECONDED BY: THAT the minor variance application of Bert Eilander, FILE #A-05/079/M (Eilander), to the Town of Milton Committee of Adjustment and Consent for: Permission to allow for the following: o To deem the shortest lot line to be the front lot line, WHEREAS Section 3 of Comprehensive Zoning By-law 144-2003, as amended, defines the front lot line as in the case of an interior lot, the line that divides the lot from the street. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line and the longer lot line abutting a street shall be deemed to be the exterior side lot line. In the case if a through lot, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line. ; o For the erection of buildings or structures where the property has no frontage on a public street or a private street as described in a registered Plan of Condominium, WHEREAS Section 4.6 of Comprehensive Zoning By-law 144-2003, as amended, requires that no building or structure be erected on a lot that does not have frontage on a public street or on a private street as described in a registered Plan of Condominium; o A reduction in minimum lot depth to 32m WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum lot depth of 130m; o A reduction in minimum front yard setback to 10.25m WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum front yard setback of 22.5m; o A reduction in minimum rear yard setback to 3.05m for a proposed accessory building, WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum rear yard setback of 22.5m; o A reduction to 5.0m distance from the railway right-of-way without a berm, WHEREAS Section 4.18.4 of Comprehensive Zoning By-law 144-2003, as amended, requires that no building or structure shall be located closer than 30m with a 2.5m berm from any railway right-of-way; o To allow two accessory buildings on the subject property (one existing shed and one proposed new accessory building) WHEREAS Section 4.1.2.2 (iii) of Comprehensive Zoning By-law 144-2003, as amended, requires that no more than one accessory building, including a detached garage exist on a lot that has a lot area of 2.0 hectares or less; o A reduction in minimum interior side yard setback to 3.05m for a proposed accessory structure; WHEREAS Section 10.2 (Table 10B) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum interior side yard setback of 7.5m; and, o To allow for a gravel driveway leading up to the proposed accessory building; WHEREAS Section 5.1 (ii) of Comprehensive Zoning By-law 144-2003, as amended, requires that all required parking spaces and parking areas be surface treated with asphalt, concrete, concrete pavers or similar material on Lot 6, Concession 2, municipally known as 9090 Guelph Junction Road, be APPROVED WITH THE FOLLOWING CONDITIONS: 1. That a building permit be applied for with the Town if Milton Building Department and that it be circulated to Conservation Halton for review and approval. 2. That any conditions of approval of the building permit application as requested by Conservation Halton be included as required conditions, and that the permit not be issued until any such conditions have been met. If any conditions of approval of the building permit application are not met, and the permit is not secured, the approval of the requested variances then collapse. 3. That the owners shall satisfy Halton Region Health Department with respect to the required separation distance between the well and septic system on site.
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 16 of 23 4. That the owners shall satisfy the Halton Region Health Department with respect to the abandonment of all unused wells on site. 5. That the approval be subject to an expiry of two years from the date of decision if the conditions are not met, if the proposed development does not proceed, and/or a building permit is not secured. Signed in Favour to the motion to approve: Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/080/M (Mattamy (Brownridge) Ltd. 1042 McNeil Drive) Mattamy (Brownridge) Ltd. 1042 McNeil Drive Lot 79, Plan 20M-926 Agent: Ms. Katharine Jurcic Requesting permission to allow a porch to encroach 0.5 metres into a required interior side yard, WHEREAS Section 6.2 (Table 6C) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum interior side yard setback of 1.2m on one side and 0.6 metres on the other side on Lot 79, Plan 20M-926, municipally known as 1042 McNeil Drive, Town of Milton, Regional Municipality of Halton. Present: Ms. Katharine Jurcic agent 2360 Bristol Circle Oakville ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were others present with respect to the application. Overview: Ms. Jurcic, the agent, was sworn in. Ms. Jurcic explained that the application before the Committee was to allow for a reduction to permit a porch to project into the required yard. She explained that a building permit had already been issued on the lot but that as the home was being built, somehow it was not built in the correct location and the porch now encroaches into the required yard. Ms. Jurcic added that should the variance be denied, she is not sure how the situation can be remedied so as to comply with the requirements of the by-law.
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 17 of 23 Committee Deliberations: Committee Member Marsh asked Ms. Jurcic if it would be possible to transfer any land from Lot 80 to Lot 79 so as to rectify the situation? Ms. Jurcic said it would be possible, however it would be a long process which may not work out favorably Ms. Dawkins addressed the Committee and explained that staff s main concerns involve the fact that access to the rear yard is essentially cut off with the existing location of the porch; that staff would not be supportive of a severance to add a portion of Lot 79 to Lot 80 to rectify a mistake made at time of foundation being poured, and mentioned that maintenance and safety are also concerns of staff. Member Price asked if the purchasers of Lot 79 and 80 were notified of the variance? Ms. Jurcic explained that a letter was sent to the purchasers of Lot 79 but that nothing was sent to the purchasers of Lot 80. Vice-Chair Louks mentioned that one of his concerns is that the purchaser won t be able to get a lawnmower around to their rear yard due to the fact that the one side of the home has a jet-out for a fireplace and the other side now has the smaller set back due to the porch projection. Mr. Tom Twigge-Molecey 56 Bronte Street Milton Mr. Twigge-Molecey was sworn in. He explained that in three weeks his new address will be 1040 McNeil which is Lot 80 and that just by chance he is at the meeting regarding another matter.. He explained for the Committee that both Lots 79 and 80 had to pay a large premium in order to have these premium lots. He also advised the Committee that he has been past the lots and has been wondering himself how he is going to get into his rear yard with things being at the size they are right now, let alone what will happen if Mattamy was to take some of his yard away from him just to rectify their own mistake. Member Marsh noted then that severance would not be a solution for Mr. Twigge-Molecey to which he responded that the discussions of severance are what motivated him to speak before the Committee. Chair Yaworski referenced the staff report prepared by Mr. Lupis and asked Ms. Dawkins if staff still had the same opinion regarding this matter. Ms. Dawkins explained that this was correct and that staff still does not support the variance requested. MOTION TO DENY: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is NOT considered to be minor; 2. That the application is considered NOT to be desirable for the appropriate development or use of the property; 3. That the application is considered NOT to be within the general intent and purpose of the Official Plan; 4. That the application is considered NOT to be within the general intent and purpose of the Zoning Bylaw. MOVED BY: SECONDED BY: THAT the minor variance application of Mattamy (Brownridge) Ltd., FILE #A-05/080/M (Mattamy (Brownridge) Ltd. 1042 McNeil Drive), to the Town of Milton Committee of Adjustment and Consent for permission to allow a porch to encroach 0.5 metres into a required interior side yard, WHEREAS Section 6.2 (Table 6C) of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum interior side yard setback of 1.2m on one side and 0.6 metres on the other side on Lot 79, Plan 20M-926, municipally known as 1042 McNeil Drive, be DENIED
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 18 of 23 Signed in Favour to the motion to deny: Signed in Opposition to the motion to deny: MOTION TO DENY CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. The following two applications were heard by the Committee at the same time, as they are both regarding maximum height of a deck and have been made under the same owner MINOR VARIANCE APPLICATION A-05/081/M (Mattamy (Brownridge) Ltd. 975 Donnelly Street) Mattamy (Brownridge) Ltd. 975 Donnelly St Lot 91, Plan 20M-862 Agent: Ms. Katharine Jurcic Requesting permission to allow for an increase in maximum height of a deck to 2.56m, WHEREAS Section 4.1.1.7 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum height of 1.2m on Lot 91, Plan 20M-862, municipally known as 975 Donnelly Street, Town of Milton, Regional Municipality of Halton. MINOR VARIANCE APPLICATION A-05/082/M (Mattamy (Brownridge) Ltd. 977 Donnelly St) Mattamy (Brownridge) Ltd. 977 Donnelly St Lot 90, Plan 20M-862 Agent: Ms. Katharine Jurcic Requesting permission to allow for an increase in maximum height of a deck to 2.56m, WHEREAS Section 4.1.1.7 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum height of 1.2m on Lot 90, Plan 20M-862, municipally known as 977 Donnelly Street, Town of Milton, Regional Municipality of Halton. Present: Ms. Katharine Jurcic agent 2360 Bristol Circle Oakville ON The Chair inquired whether there was anyone in attendance either in support or opposition to the applications in which there were no others present with respect to the applications.
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 19 of 23 Overview: Ms. Jurcic, the agent, was reminded that she was still sworn in. Ms. Jurcic explained to the Committee that both of the lots are walk-out basements which both back onto James Snow Parkway and have no homes behind them. She explained that the grading of the lots is such that they had a larger slope from the front to the rear with a walkout basement. Committee Deliberations: The Committee Members had no concerns with the applications and the Chair called for a motion for each. MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: SECONDED BY: THAT the minor variance application of Mattamy (Brownridge) Ltd., FILE #A-05/081/M (Mattamy (Brownridge) Ltd. 975 Donnelly Street), to the Town of Milton Committee of Adjustment and Consent for permission to allow for an increase in maximum height of a deck to 2.56m, WHEREAS Section 4.1.1.7 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum height of 1.2m on Lot 91, Plan 20M-862, municipally known as 975 Donnelly Street, be APPROVED WITH THE FOLLOWING CONDITIONS: 1. That a building permit be applied for and received (if required) prior to commencement of construction. 2. That the approval be subject of an expiry in one year from the date of the decision if the conditions are not met, if the proposed development does not proceed and/or a building permit (if applicable) is not secured. Signed in Favour to the motion to approve: Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED
TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT Page 20 of 23 MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: SECONDED BY: THAT the minor variance application of Mattamy (Brownridge) Ltd., FILE #A-05/082/M (Mattamy (Brownridge) Ltd. 977 Donnelly Street), to the Town of Milton Committee of Adjustment and Consent for permission to allow for an increase in maximum height of a deck to 2.56m, WHEREAS Section 4.1.1.7 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum height of 1.2m on Lot 90, Plan 20M-862, municipally known as 977 Donnelly Street, be APPROVED WITH THE FOLLOWING CONDITIONS: 1. That a building permit be applied for and received (if required) prior to commencement of construction. 2. That the approval be subject of an expiry in one year from the date of the decision if the conditions are not met, if the proposed development does not proceed and/or a building permit (if applicable) is not secured. Signed in Favour to the motion to approve: Signed in Opposition to the motion to approve: MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/083/M (Ontario Electric Railway Historical Association) Ontario Electric Railway Historical Association 13700 Fourth Line Part Lot 30, Concession 4 Agent: Mr. Ross Dryden, Dryden Building Systems Inc. Requesting permission to allow a reduction in minimum side yard setback to 7.5m for a proposed display and storage building of historic electric railway vehicles, WHEREAS Section 11.2 of Comprehensive Zoning By-law 144-2003, as amended, permits a minimum side yard setback of