Committee of Adjustment Agenda - City of Richmond Hill...maximum encroachment in the rear yard from 2.50 metres (8.20 feet) to 3.50 metres (11.48 feet) to accommodate the construction

Committee of Adjustment Agenda: March 21, 2019

Hearing Date: March 21, 2019

Time: 7:00 p.m.

Location: 225 East Beaver Creek Road, 1st Floor (Council Chambers)

Staff reports obtained online do not include hard copy information associated with the file (i.e. key maps, additional correspondence received etc.). For a comprehensive report please contact Committee of Adjustment Staff at 905-771-2443 or email [email protected]. Staff Reports are subject to change. Call to Order Disclosure of Pecuniary Interest Requests for Adjournment /Withdrawals from March 21, 2019 Agenda New Applications

Item A: Consent Application B081/18 (33 Edgar Avenue) To sever a parcel of land for residential purposes approximately 21.84 meters (71.65 feet) by 41.00 metres (134.51 feet), approximately 888.40 square metres (9,562.65 square feet) and retain a parcel of land approximately 21.84 metres (71.65 feet) by 147.51 metres (483.95 feet), approximately 5,927.10 square metres (63,798.77 square feet). Item B: Minor Variance Application A083/18 (33 Edgar Avenue) To provide relief from the provisions of By-law 2523, as amended to permit increased maximum lot coverage from 30.00% to 34.61% and reduced minimum rear yard setback (deck) from 7.62 metres (25.00 feet) to 7.00 metres (22.97 feet) on the severed land in Consent Application B081/18.

Items A & B will be dealt with concurrently Item C: Consent Application B001/19 (448 Balkan Road) To sever a parcel of land for residential purposes approximately 188.00 square metres (2,023.62 square feet) by irregular as a lot addition that will be merged on title with the property to the south municipally known as 124 Cartier Crescent and retain a parcel of land approximately 16.34 metres (53.60 feet) by irregular, approximately 621.00 square metres (6,684.39 square feet). One accessory structure is to be demolished on the retained land.

Committee of Adjustment

Agenda


Item D: Consent Application B002/19 (450 Balkan Road) To sever a parcel of land for residential purposes approximately 702.00 square metres (7,556.27 square feet) by irregular as a lot addition that will be merged on title with the property to the south municipally known as 126 Cartier Crescent and retain a parcel of land approximately 16.70 metres (54.79) by irregular, approximately 621.00 square metres (6,684.39 square feet). The severed land will have frontage onto Cartier Crescent and the retained land will have frontage into Balkan Road.

Items C & D can be dealt with concurrently Item E: Minor Variance Application A060/18 (13110 Yonge Street)

To provide relief from the provisions of By-law 366-86, as amended to vary the required parking rates to accommodate office use from 3.2 parking spaces per 100 square metres of GFA for office use (37.9 spaces) to 2.0 spaces per 100 square metres of GFA for office use (31 spaces) Item F: Minor Variance Application A001/19 (155 Driscoll Road) To provide relief from the provisions of By-law 66-71, as amended to permit increased maximum lot coverage from 30.00% to 38.30% to accommodate the construction of a proposed one-car garage addition to the existing house. Item G: Consent Application B004/19 (43 Roosevelt Drive) To sever a parcel of land for residential purposes approximately 15.24 metres (50.00 feet) by 45.67 metres (149.83 feet), approximately 696.01 square metres (7,491.79 square feet) and retain a parcel of land approximately 15.24 metres (50.00 feet) by 45.72 metres (150.00 feet), approximately 696.77 square metres (7,499.97 square feet). The severed lands are currently vacant. Item H: Minor Variance Application A006/19 (43 Roosevelt Drive) To provide relief from the provisions of By-law 2523, as amended to permit increased maximum lot coverage from 30.00% to 33.90% and reduced minimum interior side yard setback (west) from 1.52 metres (5.00 feet) to 1.22 metres (4.00 feet) to accommodate the construction of a proposed single family dwelling on the retained lands in Consent Application B004/19.

Item I: Minor Variance Application A007/19 (43 Roosevelt Drive) To provide relief from the provisions of By-law 2523, as amended to permit increased maximum lot coverage from 30.00% to 33.90% and reduced minimum interior side yard setback (west) from 1.52 metres (5.00 feet) to 1.22 metres (4.00 feet) to accommodate the construction of a proposed single family dwelling on the severed land in Consent Application B004/19.

Items G, H & I can be dealt with concurrently


Item J: Minor Variance Application A011/19 (212 Sussex Avenue)

To provide relief from the provisions of By-law 66-71, as amended to permit increased maximum porch encroachment into the front yard from 2.44 metres (8.00 feet) to 2.72 metres (8.92 feet), reduced minimum interior side yard setbacks (north and south) from 2.72 metres (8.92 feet) to 1.52 metres (4.98 feet), increased maximum lot coverage from 30.00% to 36.10%, increased maximum gross floor area from 232.26 square metres (2500.00 square feet) to 363.60 square metres (3,913.75 square feet) and increased maximum height from 8.50 metres (27.88 feet) to 9.97 metres (32.70 feet) to accommodate the construction of a proposed single family dwelling. Item K: Minor Variance Application A085/18 (38 Lebovic Drive)

To provide relief from the provisions of By-law 85-02, as amended to permit increased maximum encroachment in the rear yard from 2.50 metres (8.20 feet) to 3.50 metres (11.48 feet) to accommodate the construction of a proposed deck.

Item L: Minor Variance Application A082/18 (61 Orlon Crescent)

To provide relief from the provisions of By-law 2523, as amended to permit reduced minimum front yard setback from 9.00 metres (29.52 feet) to 5.47 metres (17.94 feet) and increased maximum lot coverage from 30.00% to 34.18% to accommodate the construction of a proposed single-family dwelling. Item M: Minor Variance Application A002/19 (9 Guinevere Court)

To provide relief from the provisions of By-law 66-71, as amended to permit a reduced minimum interior side yard setback (east) from 1.50 metres (4.92 feet) to 0.55 metres (1.80 feet) to accommodate the addition of a side door entrance to the existing single-family dwelling. Other Business

Motion to Adjourn



Time: 7:00 p.m.


Application Information:

Consent Application B081/18 Related Applications: A083/18 Subject Land: 33 Edgar Avenue Name of Owner: 2581685 Ontario Inc. Name of Applicant: Mahnaz Pahlevan The Request: To sever a parcel of land for residential purposes approximately 21.84 meters (71.65 feet) by 41.00 metres (134.51 feet), approximately 888.40 square metres (9,562.65 square feet) and retain a parcel of land approximately 21.84 metres (71.65 feet) by 147.51 metres (483.95 feet), approximately 5,927.10 square metres (63,798.77 square feet).

Present Designation:

Official Plan: Neighbourhood Zoning Classification: Second Density Residential (R2) Zone Zoning By-law: By-law 2523, as amended Zoning Provisions:

Minimum Lot Frontage: 18.29 metres (60 feet) Minimum Lot Area: 232.26 square metres (2,500 square feet) Minimum Front Yard Setback: 9.14 meters (30 feet) Minimum Interior Side Yard Setback: 1.52 metres (5 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Lot Coverage: 30% Maximum Height: 10.67 meters (35 feet)

Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans.


Staff Report

Agenda Item: A


Site Conditions: The subject lands are located on the south side of Edgar Avenue, west of Yonge Street. The lands are comprised of the lots municipally known as 33 Edgar Avenue and 29 Edgar Avenue, as well as the rear portions of 27 Edgar Avenue and 10 Scott Drive. The rear portion of 27 Edgar Avenue merged as a lot addition to 29 Edgar Avenue through Consent Application B012/07 (Town File D09-07012. The rear portion of 10 Scott Drive merged as a lot addition to 29 Edgar Avenue through Consent Application B026/17 (Town File D09-17026). It should be noted that the lots municipally known as 33 Edgar Avenue and 29 Scott Drive have merged as they are within are within deemed Plan of Subdivision and are under the same ownership. In this regard, the lands presently contain two single detached dwellings, one located within the confines of what is municipally known as 29 Edgar Avenue and one presently being constructed on the portion of what is municipally known as 33 Edgar Avenue. Committee of Adjustment: This application was circulated to the commenting departments and agencies on February 19, 2019.

Public notice was mailed on March 7, 2019. The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 11, 2019. Previous and/or Concurrent applications on the subject lands: A083-18 – Concurrent Application B012-07 – Approved B026-17 – Approved

Note: Future Development of the subject land may occur in accordance with the provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation drawings and floor plans is provided for information purposes only and does not form part of the Committee’s decision.

Planning & Regulatory Services Department

Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law provided that Minor Variance Application A083/18 be approved. Planning: The purpose of these applications is to facilitate a lot creation, or rather recreation, of the lands municipally known as 33 Edgar Avenue as well as to accommodate the current construction of the single detached dwelling on the land holdings. In support of this proposal, the applicant has submitted a Consent application and a Minor Variance application as follows: Consent Application B081/18: To sever a parcel of land for residential purposes approximately 21.84 metres (71.65 feet) by 41.00 metres (134.51 feet), approximately 888.40 square metres (9,562.65 square feet) and retain a parcel of land approximately 21.84 metres (71.65 feet) by 147.51 metres (483.95 feet), approximately 5,927.10 square metres (63,798.77 square feet).


It should be noted that 33 Edgar Avenue, without having been merged to 29 Edgar Avenue, had a lot frontage of 21.84 metres (71.65 feet) and a lot area of 2,033.43 square metres (21,887.66 square feet). The new lot proposed through this application would have the same frontage of 21.84 metres (71.65 feet) but a reduced lot area of 888.59 square metres (9,461.22 square feet). No relief will be required with respect to the size of the new lot. Minor Variance Application A083/18: The Minor Variance application is required to accommodate the construction of the single detached dwelling on the new lot fabric. The following variances are proposed:

increased lot coverage from 30%, as required, to 34.61%, as proposed which is required due to the smaller lot area; and,

reduced rear yard setback from 7.62 metres (25 feet), as required, to 7.00 metres (22.97 feet), as proposed to accommodate the steps for the proposed deck.

Planning staff has reviewed the applications and conclude that the proposed severance is appropriate, and the required variances meet 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 staff recommends that Consent Application B081/18 and Minor Variance Application A083/18 be approved. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: Applicants are encouraged to make submissions to satisfy the following conditions expeditiously following the receipt of a Notice of No Appeal. This is to ensure ample processing time in consideration of other applications in the processing queue and related staff workloads. Applicants are advised that some of these conditions involve lengthy processing times. Please do not wait until the end of the one-year period to make submission and face possible lapsing of these conditions. Development Agreement Condition: That the applicant enter into an Agreement with the municipality to further develop the (Retained) portion of the subject lands through an application for a plan of subdivision only. On execution of this agreement, an authorizing By-law is required from Town Council and subsequent registration of the Agreement on title for the subject lands prior to satisfaction of this condition. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application.


Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the property. The subject property is located within a Local Park Need area. Please contact the Parks and Natural Heritage Department if you wish to discuss this matter further. By-law Enforcement: No response. Heritage: Not circulated. 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 of the Town,

a payment of Cash-in-lieu of such land prior to the issuance of a building permit

pursuant to Section 42 of the Planning Act. A condition of consent should be

imposed requiring the Applicant to enter into an agreement acknowledging the

foregoing, which agreement must be registered on title to the severed parcel for the

purpose of notice. Further, the applicant shall be required to pay the sum of

$274.00 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 a 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. Payment of all current and outstanding taxes to date of consent.

3. 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.

Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No objections.


York Region – Transportation & Community Planning Department: The Region of York has completed its review of the above consent and offers the following comment: 1. Prior to final approval, the Town of Richmond Hill confirm that wastewater servicing

capacity allocation has been set aside for the new lot from the existing YDSS capacity assigned by the Region.

Toronto & Region Conservation Authority: Outside of the TRCA’S Purview Policy. CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality Not circulated Ministry of Transportation: Outside of MTO Permit Area.

Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:


Reference # Department / Agency Contact:

Condition:

1. Development Engineering: Michael Ayers 905-717-6426

That the applicant enter into an Agreement with the municipality to further develop the (Retained) portion of the subject lands through an application for a plan of subdivision only. On execution of this agreement, an authorizing By-law is required from Town Council and subsequent registration of the Agreement on title for the subject lands prior to satisfaction of this condition.

2. Finance: William Quach 905-771-5550

No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the foregoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further, the applicant shall be required to pay the sum of $274.00 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 a Cash-in-Lieu owing under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the Finance Department.


Payment of all current and outstanding taxes to date of consent.

4. Region of York Gabriel Hurst 1-877-464-9675 ext. 71538

Prior to the final approval, the Town of Richmond Hill confirm that wastewater servicing capacity allocation has been set aside for the new lot from the existing YDSS capacity assigned by the Region.

5. Committee of Adjustment: 905-771-2443

That Minor Variance Application A083/18 be approved and become final and binding.


That the applicant provides the secretary-treasurer with the legal description of the severed land in the form of a letter or draft transfer prepared by the applicant’s solicitor.


That the applicant provides one white print of a deposited plan of reference of the entire land, which conforms substantially with the application as, submitted.


Reasons for approval: 1. The proposal conforms to Section 51(24) as required of the Planning Act.

2. The proposal conforms to the Town of Richmond Hill Official Plan.

3. The proposal conforms to the Provincial Policy Statements as required by Section

3(1) of the Planning Act.

Questions regarding this Staff Report can be directed to:

Town of Richmond Hill Committee of Adjustment

225 East Beaver Creek Road, 4th Floor

Richmond Hill, ON L4B 3P4

Email: [email protected]

Telephone: 905 771 2443 905 771 2414

If you wish to obtain a copy of the Committee’s Decision with respect to this application,

you must make a written request and provide your full name and mailing address to

Committee of Adjustment staff.

mailto:[email protected]



Time: 7:00 p.m.



Minor Variance Application A083/18 Related Applications: B081/18 Subject Land: 33 Edgar Avenue Name of Owner: 2581685 Ontario Inc. Name of Applicant: Mehnaz Pahlevan The Request: To provide relief from the provisions of By-law 2523, as amended to permit increased maximum lot coverage and reduced minimum rear yard setback (deck) on the severed land in Consent Application B081/18. By-Law

Requirement

Proposed

Difference

Maximum Lot Coverage 30.00% 34.61% 4.61%

Minimum Rear Yard Setback (Deck)

7.62 m (25.00 ft.) 7.00 m (22.97 ft.) 0.62 m (2.03 ft.)

Present Designation: Official Plan: Neighbourhood Zoning Classification: Second Density Residential (R2) Zone Zoning By-law: By-law 2523, as amended Zoning Provisions: Minimum Lot Frontage: 18.29 metres (60 feet) Minimum Lot Area: 232.26 square metres (2,500 square feet) Minimum Front Yard Setback: 9.14 meters (30 feet) Minimum Interior Side Yard Setback: 1.52 metres (5 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Lot Coverage: 30% Maximum Height: 10.67 meters (35 feet)


Staff Report

Agenda Item: B


Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the south side of Edgar Avenue, west of Yonge Street. The lands are comprised of the lots municipally known as 33 Edgar Avenue and 29 Edgar Avenue, as well as the rear portions of 27 Edgar Avenue and 10 Scott Drive. The rear portion of 27 Edgar Avenue merged as a lot addition to 29 Edgar Avenue through Consent Application B012/07 (Town File D09-07012. The rear portion of 10 Scott Drive merged as a lot addition to 29 Edgar Avenue through Consent Application B026/17 (Town File D09-17026). It should be noted that the lots municipally known as 33 Edgar Avenue and 29 Scott Drive have merged as they are within are within deemed Plan of Subdivision and are under the same ownership. In this regard, the lands presently contain two single detached dwellings, one located within the confines of what is municipally known as 29 Edgar Avenue and one presently being constructed on the portion of what is municipally known as 33 Edgar Avenue. Comments Received from Municipal Departments & Outside Agencies:

Committee of Adjustment: This application was circulated to the commenting departments and agencies on February 19, 2019.

Public notice was mailed on March 7, 2019.

The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 11, 2019. Previous and/or Concurrent applications on the subject lands: B081-18- Concurrent Application B012-07 – Approved B026-17 – Approved Planning & Regulatory Services Department

Building / Zoning: The requested variances are correct. Planning: The purpose of these applications is to facilitate a lot creation, or rather recreation, of the lands municipally known as 33 Edgar Avenue as well as to accommodate the current construction of the single detached dwelling on the land holdings. In support of this proposal, the applicant has submitted a Consent application and a Minor Variance application as follows:


Consent Application B081/18: To sever a parcel of land for residential purposes approximately 21.84 metres (71.65 feet) by 41.00 metres (134.51 feet), approximately 888.40 square metres (9,562.65 square feet) and retain a parcel of land approximately 21.84 metres (71.65 feet) by 147.51 metres (483.95 feet), approximately 5,927.10 square metres (63,798.77 square feet). It should be noted that 33 Edgar Avenue, without having been merged to 29 Edgar Avenue, had a lot frontage of 21.84 metres (71.65 feet) and a lot area of 2,033.43 square metres (21,887.66 square feet). The new lot proposed through this application would have the same frontage of 21.84 metres (71.65 feet) but a reduced lot area of 888.59 square metres (9,461.22 square feet). No relief will be required with respect to the size of the new lot. Minor Variance Application A083/18: The Minor Variance application is required to accommodate the construction of the single detached dwelling on the new lot fabric. The following variances are proposed:

increased lot coverage from 30%, as required, to 34.61%, as proposed which is required due to the smaller lot area; and,

reduced rear yard setback from 7.62 metres (25 feet), as required, to 7.00 metres (22.97 feet), as proposed to accommodate the steps for the proposed deck.

Planning staff has reviewed the applications and conclude that the proposed severance is appropriate, and the required variances meet 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 staff recommends that Consent Application B081/18 and Minor Variance Application A083/18 be approved. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure Town tree protection standards are adhered to prior to any construction commencing on the property. The subject property is located within a Local Park Need area. Please contact the Parks and Natural Heritage Department if you wish to discuss this matter further.


By-law Enforcement: No objections. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: Outside of TRCA’S Purview Policy. CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:


1. That the variances pertain only to the request as submitted with the application.

2. That development be substantially in accordance with the sketch submitted with the

application as required by Ontario Regulation 200/96, as amended, Section 5.25.

3. That Consent Application B081/18 receive final certification of the Secretary-

Treasurer and be registered on title.

Reasons for approval:

1. The general intent and purpose of the by-law will be maintained.

2. The general intent and purpose of the official plan will be maintained.

3. The requested variance(s) is/are acceptable for the appropriate development of the

subject lands.

4. The requested variance(s) is/are minor in nature.






Telephone: 905 771 2443 905 771 2414

If you wish to obtain a copy of the Committee’s Decision with respect to this application, you must make a written request and provide your full name and mailing address to Committee of Adjustment staff.




Time: 7:00 p.m.



Consent Application B001/19 Related Applications: N/A Subject Land: 448 Balkan Road Name of Owner: 2551731 Ontario Ltd. Name of Agent: Evans Planning Inc. (Joanna Fast) The Request: To sever a parcel of land for residential purposes approximately 188.00 square metres (2,023.62 square feet) by irregular as a lot addition that will be merged on title with the property to the south municipally known as 124 Cartier Crescent and retain a parcel of land approximately 16.34 metres (53.60 feet) by irregular, approximately 621.00 square metres (6,684.39 square feet). One accessory structure is to be demolished on the retained land.


Official Plan Designation: Neighbourhood Zoning Classification: Residential Second Density (R2) Zone Zoning By-law: By-law No. 66-71, as amended. Zoning Provisions:

Residential Second Density (R2) Zone: Minimum Lot Area: 464.51 square metres (5,000 square feet) Minimum Lot Frontage: 15.24 metres (50 feet) Minimum Front Yard Setback: 6.096 metres (20 feet) Minimum Side Yard Setback 1.21 metres (4 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Lot Coverage: 30% Maximum Height: 10.66 metres (35 feet)

Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the


Staff Report

Agenda Item: C


responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the south side of Balkan Road, and west of Bayview Avenue. The lands are generally bounded by Bayview Avenue to the east and Elgin Mills Road West to the north. The lands have a total lot area of approximately 809 square metres (8,708 square feet) and approximately 16.34 metres (53.60 feet) of frontage onto Balkan Road. The subject lands currently support an existing single detached dwelling and an accessory structure and deck. The single detached dwelling is to remain, whilst the accessory structure and deck are proposed to be demolished. Committee of Adjustment: This application was circulated to the commenting departments and agencies on February 19, 2019.


The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 7, 2019. Previous and/or Concurrent applications on the subject lands: None.



Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law provided the following clause be added as a condition of consent:

1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No. 15-90 and that the Owner demolish all buildings and/or structures and remove all debris to the satisfaction of the Chief Building Official.

Planning: The applicant is proposing to sever an irregular parcel of land from the rear portion of the site measuring approximately 21.53 metres (70.63 feet), with an area of approximately 188 square metres (2,023.61 square feet) to be merged with the immediate property to the south, municipally known as 124 Cartier Crescent. The lot addition is proposed to be facilitated through an adjustment to the rear lot configuration of the subject lands. The retained portion of the lands would have an area of approximately 621 square metres (6,684.38 square feet) with a frontage of approximately 16.34 metres (53.60 feet).

Simultaneously, the applicant has submitted an application to the immediate east (Town File: B002/19) at the municipal address of 450 Balkan Road, which is also proposing to


sever the rear portion of the lands to facilitate a lot addition. The applicant has advised that the purpose of the proposed lot fabric is to facilitate a potential land assembly in the future. The applicant has provided conceptual illustrations of potential future development, which staff has reviewed. The applicant has advised that till such time that a future development is proposed, the use will remain the same as a single detached dwelling and associated amenity space. Both the proposed retained lands and the lot addition to 124 Cartier Crescent would comply with the Zoning By-law Standards.

Staff are of the opinion that the proposed lot addition would not adversely impact the streetscape as there is no visual change to the lot along Cartier Crescent, Balkan Road and Bayview Avenue.

Staff conclude that the proposed consent application comply with the criteria listed under subsection 51(24) of the Planning Act, and therefore, it is recommended that Consent Application B001/19 be approved. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: Merge Clause: The Development Engineering Division has reviewed the above noted application and has no objections provided that the severed parcel merges on title with the property to the south municipally known as 124 Cartier Crescent. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property. The subject property is located within a Local Park Need area. Please contact the Parks and Natural Heritage Department if you wish to discuss this matter further. By-law Enforcement: No response. Heritage: Not circulated. Corporate & Financial Services:

1. No cash-in-Lieu is required as a result of this severance because no additional

parcel of land is being created.

2. Payment of all outstanding taxes to date of consent.


Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No objections. York Region – Transportation & Community Planning Department: No comments. Toronto & Region Conservation Authority: Outside of the TRCA’S Purview Policy. CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality Not circulated Ministry of Transportation: Outside of MTO Permit Area. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:



Condition:

1. Building/Zoning:

Punya Sagar Marahatta

905-771-2434

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







Reasons for approval: 1. The proposal conforms to Section 51(24) as required of the Planning Act. 2. The proposal conforms to the Town of Richmond Hill Official Plan. 3. The proposal conforms to the Provincial Policy Statements as required by Section







Telephone: 905 771 2443 905 771 2414







Time: 7:00 p.m.



Consent Application B001/19 Related Applications: N/A Subject Land: 448 Balkan Road Name of Owner: 2551731 Ontario Ltd. Name of Agent: Evans Planning Inc. (Joanna Fast) The Request: To sever a parcel of land for residential purposes approximately 188.00 square metres (2,023.62 square feet) by irregular as a lot addition that will be merged on title with the property to the south municipally known as 124 Cartier Crescent and retain a parcel of land approximately 16.34 metres (53.60 feet) by irregular, approximately 621.00 square metres (6,684.39 square feet). One accessory structure is to be demolished on the retained land.


Official Plan Designation: Neighbourhood Zoning Classification: Residential Second Density (R2) Zone Zoning By-law: By-law No. 66-71, as amended. Zoning Provisions:

Residential Second Density (R2) Zone: Minimum Lot Area: 464.51 square metres (5,000 square feet) Minimum Lot Frontage: 15.24 metres (50 feet) Minimum Front Yard Setback: 6.096 metres (20 feet) Minimum Side Yard Setback 1.21 metres (4 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Lot Coverage: 30% Maximum Height: 10.66 metres (35 feet)



Staff Report

Agenda Item: C


responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the south side of Balkan Road, and west of Bayview Avenue. The lands are generally bounded by Bayview Avenue to the east and Elgin Mills Road West to the north. The lands have a total lot area of approximately 809 square metres (8,708 square feet) and approximately 16.34 metres (53.60 feet) of frontage onto Balkan Road. The subject lands currently support an existing single detached dwelling and an accessory structure and deck. The single detached dwelling is to remain, whilst the accessory structure and deck are proposed to be demolished. Committee of Adjustment:

This application was circulated to the commenting departments and agencies on February 19, 2019.


The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 7, 2019. Previous and/or Concurrent applications on the subject lands: None.



Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law provided the following clause be added as a condition of consent:

1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to Demolition Control By-law No. 15-90 and that the Owner demolish all buildings and/or structures and remove all debris to the satisfaction of the Chief Building Official.

Planning: The applicant is proposing to sever an irregular parcel of land from the rear portion of the site measuring approximately 21.53 metres (70.63 feet), with an area of approximately 188 square metres (2,023.61 square feet) to be merged with the immediate property to the south, municipally known as 124 Cartier Crescent. The lot addition is proposed to be facilitated through an adjustment to the rear lot configuration of the subject lands. The retained portion of the lands would have an area of approximately 621 square metres (6,684.38 square feet) with a frontage of approximately 16.34 metres (53.60 feet).


Simultaneously, the applicant has submitted an application to the immediate east (Town File: B002/19) at the municipal address of 450 Balkan Road, which is also proposing to sever the rear portion of the lands to facilitate a lot addition. The applicant has advised that the purpose of the proposed lot fabric is to facilitate a potential land assembly in the future. The applicant has provided conceptual illustrations of potential future development, which staff has reviewed. The applicant has advised that till such time that a future development is proposed, the use will remain the same as a single detached dwelling and associated amenity space. Both the proposed retained lands and the lot addition to 124 Cartier Crescent would comply with the Zoning By-law Standards.

Staff are of the opinion that the proposed lot addition would not adversely impact the streetscape as there is no visual change to the lot along Cartier Crescent, Balkan Road and Bayview Avenue.

Staff conclude that the proposed consent application comply with the criteria listed under subsection 51(24) of the Planning Act, and therefore, it is recommended that Consent Application B001/19 be approved. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: Merge Clause: The Development Engineering Division has reviewed the above noted application and has no objections provided that the severed parcel merges on title with the property to the south municipally known as 124 Cartier Crescent. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property. The subject property is located within a Local Park Need area. Please contact the Parks and Natural Heritage Department if you wish to discuss this matter further. By-law Enforcement: No response. Heritage: Not circulated. Corporate & Financial Services:

1. No cash-in-Lieu is required as a result of this severance because no additional

parcel of land is being created.


2. Payment of all outstanding taxes to date of consent.

Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No objections. York Region – Transportation & Community Planning Department: No comments. Toronto & Region Conservation Authority: Outside of the TRCA’S Purview Policy. CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality Not circulated Ministry of Transportation: Outside of MTO Permit Area. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:



Condition:

1. Building/Zoning:

Punya Sagar Marahatta

905-771-2434

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








1. The proposal conforms to Section 51(24) as required of the Planning Act.









Telephone: 905 771 2443 905 771 2414







Time: 7:00 p.m.



Minor Variance Application A060/18 Related Applications: N/A Subject Land: 13110 Yonge Street Name of Owner: 2572763 Ontario Corporation Name of Agent: Evans Planning Inc. (Adam Santos) The Request: To provide relief from the provisions of By-law 366-86, as amended to vary the required parking rates to accommodate office use.

Present Designation: Official Plan: Oak Ridges Local Centre Zoning Classification: Neighbourhood Commercial Zone Zoning By-law: By-law No. 366-86, as amended and By-law No. 100-10, as amended. Zoning Provisions: Minimum Lot Frontage: 30 metres (98.42 feet) Minimum Lot Area: 0.4 hectares (0.98 acres) Minimum Front Yard Setback: 15 metres (49.21 feet) Minimum Side Yard Setback: 6 metres (19.68 feet) Minimum Flankage Yard: 6 metres (19.68 feet) Maximum Height: 7.5 metres (24.60 feet) Minimum Rear Yard: 12 metres (39.37 feet)

By-Law Requirement

Proposed

Difference

Minimum Parking Spaces

3.2 parking spaces per 100 square metres of GFA for

Office use

(37.9 spaces)

2.0 spaces per 100 square metres of GFA

for Office Use

(31 spaces)

(6.9 spaces)


Staff Report

Agenda Item: E



Adjacent Land Conditions: North: Commercial South: Commercial East: Yonge Street West: Residential Site Conditions: The subject lands are located west of Yonge Street and approximately 66 metres (216.53 feet) north of North Lake Road. The subject property consists of a single storey two-unit commercial building. The northern unit is currently vacant and previously was a glass retailer, the southern unit consists of an existing convenience store. To support the original development, a total of 28 parking spaces, including 2 accessible parking spaces was provided. The site is subject to the development provisions of By-law 366-86. The proposed development is subject to an associated Site Plan application (Town File D06-19002) that is currently under review. Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 7, 2019. Previous and/or Concurrent applications on the subject lands: D06-19002- Site Plan Application Planning & Regulatory Services Department

Building / Zoning: The requested variances are correct. Planning: As previously noted in this report, there is currently a total of 28 parking spaces provided to serve the two units of the building located at 13110 Yonge Street. The applicant is proposing a medical office, dental office, pharmacy and general office use and the conversion of an existing warehouse/storage area to office space within the northern vacant unit of the building. The proposed uses are permitted within the Oak Ridges Local Centre designation of the Town’s Official Plan.


By-law No. 100-10, amended By-law No. 366-86 and provided parking rates for Medical Offices, among other uses throughout the Town. Medical Office is defined within By-law 100-10 as meaning “a building or part of a building used for the medical, dental, surgical and/or therapeutical treatment of human beings, but does not include a public or private hospital, or a professional office of a medical practitioner located in his or her residence” and applied a parking rate of 5.4 parking spaces per 100 sq. of gross floor area. In accordance with the parking provisions under zoning by-law 366-86 and zoning by-law 100-10, the amount of floor space being converted to the medical office, dental office, pharmacy and general office use would trigger additional parking spaces for a requirement of 37.9 spaces.

The applicant is requesting relief from Zoning By-law 366-86, to facilitate a proposed parking reduction on the subject lands. In support of this request, the following variance is proposed:

reduced office parking rate from three and two tenths (3.2) parking spaces per 100 sq. of gross floor area, as required, to two (2.0) parking spaces per 100 sq. m of gross floor area.

Taking into consideration the revised parking rate the applicant has reconfigured the existing parking area and has proposed a total of 31 parking spaces, which includes 3 accessible parking spaces.

A Parking Justification Study was prepared by Trans-Plan dated January 2019 and submitted in support of the parking reduction. The conclusion of the Parking Justification Study is that the parking supply being proposed at the subject site (31 parking spaces) would accommodate for the proposed uses and is acceptable for traffic and parking activity. It is noted that the Town’s Development Engineering Division has also reviewed the analyses and concurs with the recommendations contained within the Parking Justification Study.

Staff is satisfied that the proposed parking reduction meets the four (4) tests described under Section 45(1) of the Planning Act for the evaluation of minor variance proposals. The requested relief from the by-law, as proposed, is considered minor in nature, is appropriate for the development of the lands, and meets the general intent of the applicable zoning bylaw and the Town’s Official Plan. Planning staff recommends that minor variance application A060/18 be approved. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property.


By-law Enforcement: No objections. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: TRCA staff has no objection to the above noted application as currently submitted, subject to the following condition: 1. The applicant remits the outstanding TRCA Planning Services review fee of

$580.00.

*TRCA comments have been attached.

CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:





3. The applicant remits the outstanding TRCA Planning Services review fee of

$580.00.





subject lands.







Telephone: 905 771 2443 905 771 2414





Time: 7:00 p.m.



Minor Variance Application A001/19 Related Applications: N/A Subject Land: 155 Driscoll Road Name of Owner: Olga & Leon Sopielnikow Name of Agent: Zero Degrees Studio Inc. (Roy Chan) The Request: To provide relief from the provisions of By-law 66-71, as amended to permit increased maximum lot coverage to accommodate the construction of a proposed one-car garage addition to the existing house. By-Law

Requirement

Proposed

Difference


Present Designation: Official Plan: Neighbourhood Zoning Classification: Second Density Residential (R2) Zoning By-law: By-law No. 66-71, as amended Zoning Provisions: Minimum Front Yard Setback: Established Building Line Minimum Rear Yard Setback: 7.62 metres (25.0 feet) Minimum Side Yard Setback: 2.11 metres (6.92 feet) Minimum Lot Area: 464.52 square metres (5000.0 square feet) Minimum Lot Frontage: 15.24 metres (50.0 feet) Maximum Lot Coverage: 30.0% Maximum Building Height: 8.5 metres (27.9 feet) Maximum Gross Floor Area: 265.0 square metres (2,852.52 square feet)


Staff Report

Agenda Item: F


Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on Driscoll Road, south of Elgin Mills Road West and west of Yonge Street. The lands have a total site area of approximately 464.71 square metres (0.115 acres) with a lot frontage of approximately 15.24 metres (50.0 feet) along Driscoll Road. The lands are designated Neighbourhood in the Town’s Official Plan and are zoned Second Density Residential (R2) by Zoning By-law 66-71, as amended. The surrounding properties are residential and similarly zoned. The lands are developed for residential purposes and presently support a 1-storey single detached dwelling with an attached garage. Minor Variance Application A001/19 is requested to facilitate the construction of an addition to the existing 1-storey single detached dwelling on the southern elevation of the dwelling located on the subject lands. The new addition is to allow for the existing garage to be relocated and for the space presently allocated for the existing garage to be converted as internal living space. The design includes the use of the existing curb cut along Driscoll Road. Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 6, 2019. Previous and/or Concurrent applications on the subject lands: None. Planning & Regulatory Services Department Building / Zoning: The requested variances are correct. Planning: In order to construct the addition to the existing 1-storey single detached dwelling on the subject lands, the applicant has requested relief from the by-law in regards to:

increased maximum lot coverage from 30.00% to 38.30%, as proposed. Planning staff has reviewed the proposed minor variance applications and believes that the proposal meets the four (4) prescribed tests set out in Section 45.1 of the Planning Act. The development, as proposed, meets the general intent of the Official


Plan as the application proposes a housing form permitted within the Neighbourhood designation. The scale of the requested variances are relatively minor and consistent with recent redevelopment for single detached dwellings in the surrounding area. Overall, the requested variances are in keeping with the general intent of the Second Density Residential (R2) zoning category and is desirable for the appropriate development of the lands. As such, Planning staff recommends approval of Minor Variance Application A001/19. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property. By-law Enforcement: No objections. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: Outside of TRCA’S Purview Policy.


CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:








subject lands.







Telephone: 905 771 2443 905 771 2414





Time: 7:00 p.m.



Consent Application B004/19 Related Applications: A006/19 & A007/19 Subject Land: 43 Roosevelt Drive Name of Owner: Heidi Kristen Meggett & Karin Hanna Michel Name of Applicant: Mehrdad Goharchi Name of Agent: Cultivate Group (Reza Dadashi) The Request: To sever a parcel of land for residential purposes approximately 15.24 metres (50.00 feet) by 45.67 metres (149.83 feet), approximately 696.01 square metres (7,491.79 square feet) and retain a parcel of land approximately 15.24 metres (50.00 feet) by 45.72 metres (150.00 feet), approximately 696.77 square metres (7,499.97 square feet). The severed lands are currently vacant.

Present Designation: Official Plan Designation: Neighbourhood Zoning Classification: Single Family Three (R3) Zone Zoning By-law: By-law No. 2523, as amended

Zoning Provisions: Minimum Lot Frontage: 15.24 metres (50.0 feet) Minimum Lot Area: 557.4 square metres (6,000 square feet) Minimum Front Yard: 7.62 metres (25.0 feet) Minimum Side Yard Setback: 1.52 metres (5.0 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Building Height: 10.67 metres (35.0 feet) Maximum Lot Coverage: 30%



Staff Report

Agenda Item: G


Site Conditions: The subject lands are located on the south side of Roosevelt Avenue, west of Yonge Street. The lands presently support one single detached dwelling. The lands abut low density residential uses to the east and west, Langstaff Secondary School to the south, and Roosevelt Avenue to the north. Committee of Adjustment:

This application was circulated to the commenting departments and agencies on February 19, 2019.


The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 7, 2019. Previous and/or Concurrent applications on the subject lands: A006-19 – Concurrent Application A007-19– Concurrent Application



Building / Zoning: The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law provided that Minor Variance Applications A006/19 & A007/19 become approved. Planning: The applicant is seeking approval of a Consent Application to facilitate the creation of one (1) additional building lot with frontage on Roosevelt Drive in accordance with the following: Consent Application: B004/19

sever a parcel of land for residential purposes, approximately 15.24 metres (50.00 feet) by 45.67 metres (149.83 feet), approximately 696.01 square meres (7,491.79 square feet); and,

to retain a parcel of land approximately 15.24 meters (50.00 feet) by 45.72 metres (150.00 feet), approximately 696.77 square metres (7,499.97 square feet).

In addition, the applicant is requesting relief from Zoning By-law 2523, as amended, to facilitate the lot severance and construction of a detached dwelling on each parcel as described above. In support of this request, the following variances are proposed:

Minor Variance Application: A006/19

increased minimum lot coverage from 30%, as required, to 33.90% as proposed; and,


increased minimum side yard setback (west) from 1.52 metres (5.00 feet), as required, to 1.22 metres (4.00 feet), as proposed.




The requested variances for both proposed lots are considered to be appropriate. The proposed variances in minimum lot coverage and side yard setback are all minor in nature and are similar to what have been previously approved on the street and in keeping with many of the dwellings in the area. On the basis of preceding, 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 considered minor in nature, is appropriate 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 staff recommends that Consent Application B004/19 and Minor Variance Applications A006/19, A007/19, be approved. Development Engineering: The Development Engineering Division has reviewed the above noted application and recommends the inclusion of provisional conditions of consent as indicated herein: Applicants are encouraged to make submissions to satisfy the following conditions expeditiously following the receipt of a Notice of No Appeal. This is to ensure ample processing time in consideration of other applications in the processing queue and related staff workloads. Applicants are advised that some of these conditions involve lengthy processing times. Please do not wait until the end of the one-year period to make submission and face possible lapsing of these conditions. Grading Condition That the applicant:

Reference # Condition Description

1.

Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands;

2. Obtain the Town's approval of the grading plan referred to in (1);

3. Enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii) grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town Solicitor deems to be an encumbrance or claim; and


Reference # Condition Description

4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim.

Further Grading Related Information Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be directed to Mike Ayers, Development Engineering Technologist, Development Engineering Division, 905-747-6426. The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 79-17.

Fee Description: Fee:

Plan Review $428.00 + HST

Agreement Preparation $515.00 or $2,601.00 + HST

Registration/Admin $40.00

Install Catchbasin with frame and cover $4,560.00 + HST

Survey Layout $717.70 + HST

C.C.T.V. Scan $648.00 + HST x 2 = 1,464.48

Install 250 mm Catchbasin Lead $792.00 per metre + HST

Install Cleanout $900.00 + HST

Install vertical riser beyond 4.5 m in depth

$900.00 per metre + HST

Decommission Catchbasin $560.00 + HST

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.

Service Connection Condition That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows and may change at any time without notice:


Fee Description: Fee:

25 mm water service $462.00 per metre + HST

Combined 25 mm water service with storm or sanitary

$372.00 per metre + HST

Disconnect Water service $1,200.00 + HST

Water disconnect in a combined trench $900.00 +HST

125 sanitary service $810.00 per metre + HST

150 storm service $810.00 per metre + HST

Combined storm and sanitary

$1,320.00 per metre + HST

Disconnect Storm or Sanitary $1,440.00 +HST each

Storm or Sanitary disconnect in a combined trench

$1,440.00 +HST each

C.C.T.V. scan $648.00 + HST

Arrangements and payment for service connections can be made through Mr. Mario DiSalvo, Water Technician, Maintenance & Operations Division, Community Services Department, (905) 780-2949. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property. Town #2 is a Town owned tree. The applicant must make arrangements with the Town’s Urban Forestry Section (through Access Richmond Hill or online) to discuss removal and associated costs. The property is within a parkland deficient area. Please contact the Parks and Natural Heritage Planning department if you wish to discuss this matter further. By-law Enforcement: No response. Heritage: Not circulated. 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 of the Town,

a payment of Cash-in-lieu of such land prior to the issuance of a building permit

pursuant to Section 42 of the Planning Act. A condition of consent should be


imposed requiring the Applicant to enter into an agreement acknowledging the

foregoing, which agreement must be registered on title to the severed parcel for the

purpose of notice. Further, the applicant shall be required to pay the sum of $274.00

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 a 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. Payment of all current and outstanding taxes to date of consent.

3. 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.

4. 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 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).

5. Development Charges will also be applicable on the retained lands prior to building

permit issuance unless the finance and administration department receives

documentation that levies were paid on these lands, or that an existing structure is

to be demolished.

(must build within four years from the date of demolition).

Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: No response. Bell Canada: No objections. York Region – Transportation & Community Planning Department: The Region of York has completed its review of the above consent and offers the following comment: 1. Prior to final approval, the Town of Richmond Hill shall confirm that servicing

capacity is allocated to the new residential unit(s) to be built on the severed lot. Toronto & Region Conservation Authority: Outside of the TRCA’S Policy Purview. CN Rail: Not circulated.


TransCanada Pipeline: Not circulated. Abutting Municipality Not circulated Ministry of Transportation: Outside of MTO Permit Area. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:



Condition:

1. Development Engineering:

Michael Ayers 905-717-6426

1. Submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the severed and retained lands along with the adjoining lands;

2. Obtain the Town's approval of the grading plan

referred to in (1);

3. Enter into an agreement with the Town (unless not

required by the Town) for either (i) grading and

drainage; or (ii) grading and servicing, which

addresses the provision of swales, easements

and/or catch basins and which will be registered on

title to the lands in priority to all other claims,

encumbrances or other item or matter that the Town

Solicitor deems to be an encumbrance or claim;

and

4. Ensure that any easements required to be provided pursuant to the agreement referred to in (3) are registered in priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance or claim.

2. Development Engineering: Michael Ayers 905-717-6426

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

3. Development Engineering:

Mario Di Salvo 905-780-2949

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.



No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement acknowledging the foregoing, which agreement must be registered on title to the severed parcel for the purpose of notice. Further, the applicant shall be required to pay the sum of $274.00 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 a 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.



6. Region of York Gabriel Hurst 1-877-464-9675 ext. 71538

Prior to final approval, the Town of Richmond Hill shall confirm that servicing capacity is allocated to the new residential unit(s) to be built on the severed lot.


That Minor Variance Applications A006/19 & A007/19 be approved and become final and binding.





Reasons for approval: 1. The proposal conforms to Section 51(24) as required of the Planning Act.





Questions regarding this Staff Report can be directed to: Town of Richmond Hill Committee of Adjustment 225 East Beaver Creek Road, 4th Floor Richmond Hill, ON L4B 3P4 Email: [email protected] Telephone: 905 771 2443 905 771 2414







Time: 7:00 p.m.



Minor Variance Application A006/19 Related Applications: B004/19 & A007/19 Subject Land: 43 Roosevelt Drive Name of Owner: Heidi Kristen Meggett & Karin Hanna Michel Name of Applicant: Mehrdad Goharchi Name of Agent: Cultivate Group (Reza Dadashi) The Request: To provide relief from the provisions of By-law 2523, as amended to permit increased maximum lot coverage and reduced minimum interior side yard setback (west) to accommodate the construction of a proposed single family dwelling on the retained lands in Consent Application B004/19. By-Law

Requirement

Proposed

Difference


Minimum Side Yard Setback - West

1.52 m (5.00 ft.) 1.22 m (4.00 ft.) 0.30 m (0.98 ft.)

Present Designation: Official Plan Designation: Neighbourhood Zoning Classification: Single Family Three (R3) Zone Zoning By-law: By-law No. 2523, as amended Zoning Provisions: Minimum Lot Frontage: 15.24 metres (50.0 feet) Minimum Lot Area: 557.4 square metres (6,000 square feet) Minimum Front Yard: 7.62 metres (25.0 feet) Minimum Side Yard Setback: 1.52 metres (5.0 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Building Height: 10.67 metres (35.0 feet) Maximum Lot Coverage: 30%


Staff Report

Agenda Item: H


Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the south side of Roosevelt Avenue, west of Yonge Street. The lands presently support one single detached dwelling. The lands abut low density residential uses to the east and west, Langstaff Secondary School to the south, and Roosevelt Avenue to the north. Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 7, 2019. Previous and/or Concurrent applications on the subject lands: B004-19-Concurrent Application A007-19- Concurrent Application Planning & Regulatory Services Department

Building / Zoning: The requested variances are correct. Planning: The applicant is seeking approval of a Consent Application to facilitate the creation of one (1) additional building lot with frontage on Roosevelt Drive in accordance with the following: Consent Application: B004/19











The requested variances for both proposed lots are considered to be appropriate. The proposed variances in minimum lot coverage and side yard setback are all minor in nature and are similar to what have been previously approved on the street and in keeping with many of the dwellings in the area. On the basis of preceding, 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 considered minor in nature, is appropriate 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 staff recommends that Consent Application B004/19 and Minor Variance Applications A006/19, A007/19, be approved. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property. Town #2 is a Town owned tree. The applicant must make arrangements with the Town’s Urban Forestry Section (through Access Richmond Hill or online) to discuss removal and associated costs. The property is within a parkland deficient area. Please contact the Parks and Natural Heritage Planning department if you wish to discuss this matter further. By-law Enforcement: No objections.


Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: Outside of TRCA’S Policy Purview. CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:











subject lands.







Telephone: 905 771 2443 905 771 2414





Time: 7:00 p.m.



Minor Variance Application A007/19 Related Applications: B004/19 & A006/19 Subject Land: 43 Roosevelt Drive Name of Owner: Heidi Kristen Meggett & Karin Hanna Michel Name of Applicant: Mehrdad Goharchi Name of Agent: Cultivate Group (Reza Dadashi) The Request: To provide relief from the provisions of By-law 2523, as amended to permit increased maximum lot coverage and reduced minimum interior side yard setback (west) to accommodate the construction of a proposed single family dwelling on the severed land in Consent Application B004/19. By-Law

Requirement

Proposed

Difference


Minimum Side Yard Setback - West

1.52 m (5.00 ft.) 1.22 m (4.00 ft.) 0.30 m (0.98 ft.)

Present Designation: Official Plan Designation: Neighbourhood Zoning Classification: Single Family Three (R3) Zone Zoning By-law: By-law No. 2523, as amended Zoning Provisions: Minimum Lot Frontage: 15.24 metres (50.0 feet) Minimum Lot Area: 557.4 square metres (6,000 square feet) Minimum Front Yard: 7.62 metres (25.0 feet) Minimum Side Yard Setback: 1.52 metres (5.0 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Building Height: 10.67 metres (35.0 feet) Maximum Lot Coverage: 30%


Staff Report

Agenda Item: I



Site Conditions:

The subject lands are located on the south side of Roosevelt Avenue, west of Yonge Street. The lands presently support one single detached dwelling. The lands abut low density residential uses to the east and west, Langstaff Secondary School to the south, and Roosevelt Avenue to the north. Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 7, 2019. Previous and/or Concurrent applications on the subject lands: B004-19-Concurrent Application A006-19- Concurrent Application Planning & Regulatory Services Department

Building / Zoning: The requested variances are correct. Planning: The applicant is seeking approval of a Consent Application to facilitate the creation of one (1) additional building lot with frontage on Roosevelt Drive in accordance with the following: Consent Application: B004/19











The requested variances for both proposed lots are considered to be appropriate. The proposed variances in minimum lot coverage and side yard setback are all minor in nature and are similar to what have been previously approved on the street and in keeping with many of the dwellings in the area. On the basis of preceding, 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 considered minor in nature, is appropriate 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 staff recommends that Consent Application B004/19 and Minor Variance Applications A006/19, A007/19, be approved. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property. Town #2 is Town owned Tree. The applicant must make arrangements with the Town’s Urban Forestry Section (through Access Richmond Hill or online) to discuss removal and associated costs. The property is within a parkland deficient area. Please contact the Parks and Natural Heritage Planning department if you wish to discuss this matter further. By-law Enforcement: No objections.


Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: Outside of TRCA’S Policy Purview. CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:











subject lands.







Telephone: 905 771 2443 905 771 2414





Time: 7:00 p.m.



Minor Variance Application A011/19 Related Applications: N/A Subject Land: 212 Sussex Avenue Name of Owner: Zhang Yanwei Name of Agent: In Tech House Design Corp (Andrii Golovnia) The Request: To provide relief from the provisions of By-law 66-71, as amended to permit increased maximum porch encroachment into the front yard, reduced minimum interior side yard setbacks (north and south), increased maximum lot coverage, increased maximum gross floor area and increased maximum height to accommodate the construction of a proposed single-family dwelling.

By-Law Requirement

Proposed

Difference

Maximum Gross Floor Area 232.26 m2 (2500.00 ft2) 363.60 m2 (3,913.75 ft2) 131.34 m2 (1,413.73 ft2 )

Minimum Side Yard Setback - North 2.72 m (8.92 ft.) 1.52 m (4.98 ft.) 1.20 m (3.93 ft.)

Minimum Side Yard Setback - South 2.72 m (8.92 ft.) 1.52 m (4.98 ft.) 1.20 m (3.93 ft.)

Maximum Height 8.50 m (27.88 ft.) 9.97 m (32.70 ft.) 1.47 m (4.82 ft.)

Maximum Porch Encroachment (Front Yard)

2.44 m (8.00 ft.) 2.72 m (8.92 ft.) 0.28 m (0.91 ft.)


Present Designation: Official Plan: Neighbourhood Zoning Classification: Second Density Residential (R2) Zoning By-law: By-law No. 66-71, as amended Zoning Provisions: Minimum Lot Frontage: 15.24 metres (50.0 feet) Minimum Lot Area: 464.52 square metres (5000.0 square feet) Minimum Front Yard Setback: Established Building Line Minimum Rear Yard Setback: 7.62 metres (25 feet) Minimum Side Yard Setback: 2.72 metres (8.92 feet) Maximum Lot Coverage: 30%


Staff Report

Agenda Item: J


Maximum Building Height: 8.5 metres (27.9 feet) Maximum Gross Floor Area: 232.26 square metres (2,500 square feet) Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the west side of Sussex Avenue, south of Major Mackenzie Drive, north of Elmwood Avenue and east of Bayview Avenue. The lands currently support a single detached dwelling, which is proposed to be demolished. The lands are situated within an established residential neighbourhood undergoing a visible transition towards newer, larger two-storey dwellings. In this regard, the surrounding neighbourhood is characterized by a mix of older bungalows and newer two-storey homes. Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 13, 2019. Previous and/or Concurrent applications on the subject lands: None. Planning & Regulatory Services Department Building / Zoning: The requested variances are correct. Planning: The applicant is requesting relief from Zoning By-law 66-71, as amended, to permit the construction of a new two-storey single detached dwelling on the subject lands. In support of this request, the following variances are proposed:

Increased maximum gross floor area from 232.26 square metres (2,500 square feet) to 363.6 square metres (3,913.75 square feet), as proposed;

Reduced side yard setback (north and south) from 2.72 metres (8.92 feet) to 1.52 metres (4.98 feet), as proposed;

Increased maximum building height from 8.5 metres (27.88 feet) to 9.97 metres (32.7 feet), as proposed;

Increased maximum porch encroachment (front yard) from 2.44 metres (8 feet) to 2.72 metres (8.92 feet), as proposed; and,

Increased maximum lot coverage from 30% to 36.1%, as proposed.


Planning staff has reviewed the proposed minor variance applications and believes that the proposal meets the four (4) prescribed tests set out in Section 45.1 of the Planning Act. The development, as proposed, meets the general intent of the Official Plan as the application proposes a housing form permitted within the Neighbourhood designation. The scale of the requested variances are relatively minor and are generally consistent with recent redevelopment for new single detached dwellings in the surrounding area. As such, Planning staff recommends approval of Minor Variance Application A011/19. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property. The property is within a parkland deficient area. Please contact the Parks and Natural Heritage Planning Department if you wish to discuss this matter further. By-law Enforcement: No objections. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections.


Toronto & Region Conservation Authority: Outside of TRCA’S Policy Purview. CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:








subject lands.







Telephone: 905 771 2443 905 771 2414





Time: 7:00 p.m.



Minor Variance Application A085/18 Related Applications: N/A Subject Land: 38 Lebovic Drive Name of Owner: Zhen Qin & Sha Ye The Request: To provide relief from the provisions of By-law 85-02, as amended to permit increased maximum encroachment in the rear yard to accommodate the construction of a proposed deck. By-Law

Requirement

Proposed

Difference

Maximum Encroachment (Deck)

2.50 m (8.20 ft.) 3.50 m (11.48 ft.) 1.00 m (3.38 ft.)

Present Designation: Official Plan: Neighbourhood Zoning Classification: Residential Wide Shallow Three (RWS3) Zone Zoning By-law: By-law No. 85-02, as amended Zoning Provisions: Minimum Lot Frontage: 18.0 metres (59.06 feet) Minimum Lot Area: 430.0 square metres (4,628.48 square feet) Minimum Front Yard Setback: 3 metres (9.84 feet) Minimum Side Yard Setback: 1.5 metres (4.92 feet) Minimum Rear Yard Setback: 7.5 metres (24.6 feet) Maximum Building Height: 11.0 metres (36.09 feet) Maximum Lot Coverage: 50% Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the


Staff Report

Agenda Item: K


responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the north side of Lebovic Drive, in the residential neighbourhood east of Yonge Street, north of Old Colony Road. The lands presently contain a semi-detached dwelling unit (west side) and the property backs onto lands zoned as Open Space Zone. Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on February 13, 2019. Previous and/or Concurrent applications on the subject lands: None. Planning & Regulatory Services Department Building / Zoning: The requested variances are correct. Planning: The applicant is requesting relief from Zoning By-law 85-02, as amended, to permit the construction of a second story deck in the rear yard. In support of this request, the following variance is proposed:

Increased maximum encroachment in the rear yard from 2.50 metres (8.20 feet) as required, to 3.5 metres (11.48 feet) as proposed.

On the basis of the preceding, 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 considered 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 staff recommends that minor variance application A085/18 be approved. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application.


Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property. By-law Enforcement: No objections. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: TRCA staff has no objection to the above noted application as currently submitted, subject to the following condition: 1. The applicant remits the outstanding TRCA Planning Services review fee of

$580.00.

*TRCA comments have been attached.

CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated.


Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:




3. The applicant remits the outstanding TRCA Planning Services review fee of

$580.00.





subject lands.







Telephone: 905 771 2443 905 771 2414





Time: 7:00 p.m.



Minor Variance Application A082/18 Related Applications: N/A Subject Land: 61 Orlon Crescent Name of Owner: Hashem Altakawy & Manijeh Yousefi Name of Applicant: Ali Goudarzi Name of Agent: Ali Shakeri The Request: To provide relief from the provisions of By-law 2523, as amended to permit reduced minimum front yard setback and increased maximum lot coverage to accommodate the construction of a proposed single-family dwelling. By-Law

Requirement

Proposed

Difference


Minimum Front Yard Setback

9.00 m (29.52 ft.) 5.47 m (17.94 ft.) 3.53 m (11.58 ft.)

Present Designation: Official Plan: Neighbourhood Zoning Classification: Second Density Residential (R2) Zoning By-law: By-law No. 2523, as amended Zoning Provisions: Minimum Lot Area: 696.75 square metres (7,499.75 square feet) Minimum Lot Frontage: 18.29 metres (60.0 feet) Maximum Lot Coverage: 30.00% Minimum Interior Side Yard Setback: 1.52 metres (4.98 feet) Minimum Front Yard Setback: 9.00 metres (29.52 feet) Maximum Height: 11.00 metres (36.09 feet)



Staff Report

Agenda Item: L


responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on Orlon Crescent, south of Carrville Road and west of Yonge Street. The lands have a total site area of approximately 901.95 square metres (0.22 acres) with a lot frontage of approximately 24.66 metres (80.91 feet) along Orlon Crescent. The lands are designated Neighbourhood in the Town’s Official Plan and are zoned Second Density Residential (R2) by Zoning By-law 2523, as amended. The surrounding properties are residential and similarly zoned. The lands are developed for residential purposes and presently support a 1-storey single detached dwelling with attached garage. Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 6, 2019. Previous and/or Concurrent applications on the subject lands: None. Planning & Regulatory Services Department Building / Zoning: The requested variances are correct. Planning: Minor Variance Application A082/18 is requested to facilitate the construction of a new 2-storey single detached dwelling. The existing 1-storey single detached dwelling is proposed to be demolished. The proposed development will front onto Orlon Crescent through the subject lands’ western frontage. The design includes the use of the existing curb cut along Orlon Crescent. In order to construct the new 2-storey single detached dwelling on the subject lands, the applicant has requested relief from the by-law in regards to:

increased maximum lot coverage from 30.00% to 34.18%, as proposed; and,

reduced minimum front yard setback from 9.00 metres (29.52 feet) to 5.47 metres (17.94 feet), as proposed.

Planning staff has reviewed the proposed minor variance applications and believes that the proposal meets the four (4) prescribed tests set out in Section 45.1 of the Planning Act. The development, as proposed, meets the general intent of the Official Plan as the application proposes a housing form permitted within the Neighbourhood designation. The scale of the requested variances are relatively minor and consistent with recent redevelopment for new single detached dwellings in the surrounding


area. Overall, the requested variances are in keeping with the general intent of the Second Density Residential (R2) zoning category and are desirable for the appropriate development of the lands. As such, Planning staff recommends approval of Minor Variance Application A082/18. Development Engineering: No concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring trees (including neighbouring trees) greater than 20 centimetres DBH requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure Town tree protection standards are adhered to prior to any construction commencing on the property. The subject property is located within a Local Park Need area. Please contact the Parks and Natural Heritage Department if you wish to discuss this matter further. By-law Enforcement: No objections. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: Outside of TRCA’S Policy Purview. CN Rail: Not circulated.


TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:








subject lands.







Telephone: 905 771 2443 905 771 2414





Time: 7:00 p.m.



Minor Variance Application A002/19 Related Applications: N/A Subject Land: 9 Guinevere Court Name of Owner: Mohammad Fard Mirzaei & Fatemeh Tavakoli Name of Agent: Alireza Mirzaei Fard The Request: To provide relief from the provisions of By-law 66-71, as amended to permit a reduced minimum interior side yard setback (east) to accommodate the addition of a side door entrance to the existing single-family dwelling. By-Law

Requirement

Proposed

Difference

Minimum Side Yard Setback - East

1.50 m (4.92 ft.) 0.55 m (1.80 ft.) 0.95 m (3.11 ft.)

Present Designation: Official Plan Designation: Neighbourhood Zoning Classification: Residential Second Density (R2) Zone Zoning By-law: By-law No. 66-71, as amended Zoning Provisions: Minimum Lot Frontage: 15.20 metres (50 feet) Minimum Lot Area: 535.00 square metres (5,759 square feet) Minimum Front Yard Setback: 6.00 metres (19.7 feet) Minimum Side Yard Setback 1.50 metres (4.9 feet) Minimum Rear Yard Setback: 10.00 metres (32.8 feet) Maximum Lot Coverage: 40 % Maximum Height: 8.50 metres (28 feet)


Staff Report

Agenda Item: M


Please Note: The above noted zoning provisions are only the general standards for this zone and are provided for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any building permits based upon the submission of a detailed full set of building plans. Site Conditions: The subject lands are located on the south side of Guinevere Court, north of Major Mackenzie Drive West and east of Arnold Crescent. It is surrounded by low density residential buildings to the east and west, Major Mackenzie Drive West to the south, and Guinevere Court to the north. The property contains a single detached dwelling.

Comments Received from Municipal Departments & Outside Agencies:



The applicant confirmed posting of public notice sign in accordance with the Planning Act on March 12, 2019. Previous and/or Concurrent applications on the subject lands: None

Planning & Regulatory Services Department:

Building / Zoning: The requested variances are correct. Planning: The proposed variance is requested to accommodate the addition of a side door entrance to the existing single detached dwelling. To facilitate the proposed development, the subject minor variance application is seeking relief from the following provisions of By-law 66-71, as amended:

Minimum Side Yard Setback (East) – a reduction from 1.50 metres (4.92 feet) to 0.55 metres (1.8 feet);

The variance requested relates to the proposed outdoor walkout staircase in the eastern side yard descending to the basement, which aside from the railings, is below grade. Since the requested variance relates only to the staircase and not the building wall, the proposed variance will not generally be noticeable from the street and is in keeping with the building massing prescribed by the Zoning By-law. On the basis of the preceding, 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 staff recommends that minor variance application A002/19 be approved. Development Engineering: No Concerns or objections. Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the application. Comments to the applicant, for future reference: The property is subject to Tree Preservation By-law No. 41-07. Permits are required to remove or injure trees greater than 20 cm DBH (diameter measured 1.4 metres from the ground) requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree replacement will be a condition of any tree removal permit. Ensure the Town’s tree protection standards are adhered to prior to any construction commencing on the subject property. By-law Enforcement: No comments. Heritage: Not circulated. Corporate & Financial Services: Not circulated. Powerstream/Alectra Utilities: No objections (comments attached). Enbridge: Not circulated. Bell Canada: Not circulated. York Region – Transportation & Community Planning Department: No objections. Toronto & Region Conservation Authority: Outside of the TRCA’S Purview. CN Rail: Not circulated. TransCanada Pipeline: Not circulated.


Abutting Municipality: Not circulated. Ministry of Transportation: Outside of MTO Permit Control Area

Ministry of Housing (Parkway Belt West Plan): Not circulated. Infrastructure Ontario: Not circulated. Staff & Agency Recommendation(s): Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:








subject lands.







Telephone: 905 771 2443 905 771 2414



Documents

Committee of Adjustment Agenda - City of Richmond Hill...maximum encroachment in the rear yard from 2.50 metres (8.20 feet) to 3.50 metres (11.48 feet) to accommodate the construction