do not include hard copy information associated with the file ... - City of Richmond Hill · 2016. 9. 27. · Town of Richmond Hill THE PROPOSAL: To provide relief from the provisions

Committee of Adjustment Hearing

Thursday, September 1, 2016 at 7 p.m.

225 East Beaver Creek Road, Richmond Hill, ON

1st Floor (Council Chambers)

Call to Order

Disclosure of Pecuniary Interest

Requests for Adjournments/Withdrawals

- B031/16 (16 Macleod Estate Court) – Adjournment Request

New Applications

Other Business

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.

A B029/16 Macleod Commercial Properties Inc. 0 Silver Maple Road (located at southwest corner of Yonge Street & Silver Maple Road) Town of Richmond Hill THE PROPOSAL:

Macleod Commercial Properties Incorporated requests consent to a lease in excess of 21 years in favour of Movati Athletics over lands situated at the southwest corner Yonge Street & Silver Maple Road (municipally known as 0 Silver Maple Road). The leased lands are approximately 98.12 metres (321.91 feet), by irregular, approximately 16,267.00 square metres (175,096.53 square feet). The lease is required to facilitate a proposed 2-storey athletic club on the subject land. The retained parcel of land will have approximately 261.73 metres (858.69 feet) of frontage on Yonge Street and is approximately 36,545.00 square metres (393,367.10 square feet).

B B030/16 Salvatore & Anna Cerundolo 32 Denham Drive Town of Richmond Hill THE PROPOSAL:

To sever a parcel of land for residential purposes, approximately 1.22 metres (4.00 feet) by irregular, approximately 37.30 square metres (401.50 square feet) as a lot addition to be merged on title with the property to the north, municipally known as 34 Denham Drive, and retain a parcel of land approximately 35.42 metres (116.21 feet), by irregular approximately 1614.70 square metres (17,380.48 square feet). The severed and retained land will have frontage onto Denham Drive.

September 1, 2016 Page 2

C B031/16 Piper Management Ltd. DEFERRAL 16 Macleod Estate Court

REQUESTED Town of Richmond Hill THE PROPOSAL:

To sever a parcel of land for residential purposes, approximately 17.84 metres (58.53 feet) by irregular, approximately 1,563.00 square metres (16,823.99 square feet) as a lot addition to be merged on title with the property to the south (municipally known as 12 Macleod Estate Court) and retain a parcel of land approximately 15.73 metres (51.60 feet) by irregular, approximately 9,766.00 square metres (105,120.34 square feet). The retained land will have frontage onto Macleod Estate Court.

D B032/16 Upper City Corporation 1751 19th Avenue Town of Richmond Hill THE PROPOSAL: To sever a parcel of land for agricultural purposes (storm water management), approximately 23.10 metres (75.78 feet) by irregular, approximately 905.30 square metres (9,744.56 square feet) as a lot addition to be merged on title with the property to the west (municipally known as 1521 19th Avenue) and retain a parcel of land approximately 416.00 metres (1,364.82 feet) by irregular, approximately 156,604.70 square metres (1,685,678.96 square feet). The retained land will have frontage onto 19th Avenue. E A031/16 Greg Larden & Tina Leblanc 25 Aubrey Avenue Town of Richmond Hill THE PROPOSAL:

To provide relief from the provisions of By-law 1275, as amended, to permit increased maximum garage gross floor area and increased maximum building height to accommodate the construction of a proposed detached garage. By-Law

Requirement

Proposed

Difference Maximum Gross Floor Area –

Detached Garage 40.00 m2 (430.55 ft2) 75.80 m2 (815.90 ft2) 35.80 m2 (385.35 ft2)

Maximum Height – Detached Garage 4.20 m (13.78 ft) 4.90 m (16.08 ft) 0.70 m (2.30 ft)


F A066/16 Sergey & Yulia Shtrachman 207 Ruggles Avenue Town of Richmond Hill THE PROPOSAL:

To provide relief from the provisions of By-law 212-92, as amended, to permit a reduced minimum front yard setback from the established building line, reduced minimum side yard setbacks (north and south), reduced minimum rear yard setback, increased maximum gross floor area, increased maximum lot coverage and increased maximum encroachment into rear yard (deck) to accommodate the construction of a proposed two-storey single family dwelling. By-Law

Requirement

Proposed

Difference Maximum Lot Coverage 30% 36.32% 6.32%

Maximum Permitted Encroachment (Deck)

2.44 m ( 8.01 ft) 3.48 m ( 11.42 ft) 1.04 m ( 3.41 ft)

Minimum Front Yard Setback (Established Building Line)

7.65 m ( 25.10 ft) 6.10 m ( 20.01 ft) 1.55 m ( 5.09 ft)

Maximum Gross Floor Area 261.23 m2 (2,811.86 ft2) 297.28 m2 (3,199.89 ft2) 36.05 m2 ( 388.03 ft2) Minimum Rear Yard Setback 7.62 m ( 25.00 ft) 6.98 m ( 22.90 ft) 0.64 m ( 2.10 ft)

Minimum Side Yard Setback - North 2.11 m ( 6.92 ft) 1.82 m ( 5.97 ft) 0.29 m ( 0.95 ft) Minimum Side Yard Setback - South 2.11 m ( 6.92 ft) 1.82 m ( 5.97 ft) 0.29 m ( 0.95 ft)

G A067/16 2082198 Ontario Inc. 9140 Leslie Street Town of Richmond Hill THE PROPOSAL:

To provide relief from the provisions of By-law 150-80, as amended, to permit a reduced number of parking spaces to accommodate an existing physiotherapy clinic (medical use) located in units 106, 107 & 108. By-Law

Requirement

Proposed

Difference Parking Spaces 263 spaces 259 spaces 4 spaces

H A070/16 Khadigeh Vanaky 38 Fairview Avenue Town of Richmond Hill THE PROPOSAL:

To provide relief from the provisions of By-law 187-80, as amended, to permit a reduced front yard setback, increased maximum lot coverage and increased maximum encroachment into the front and rear yard (steps) to accommodate the construction of a proposed two-storey single family dwelling. By-Law

Requirement

Proposed

Difference Maximum Lot Coverage 30.00% 33.00% 3.00%

Minimum Front Yard Setback 9.14 m (30.00 ft) 8.38 m (27.49 ft) 0.76 m (2.51 ft) Maximum Step Encroachment

(Front Yard) 0 m (0.00 ft) 1.33 m ( 4.36 ft) 1.33 m (4.36 ft)

Maximum Step Encroachment (Rear Yard)

0 m (0.00 ft) 2.00 m ( 6.56 ft) 2.00 m (6.56 ft)


OTHER BUSINESS

A068/16 (54 Trench Street) – Request for withdrawal and refund of fees (see correspondence from agent, received August 25, 2016).

APPROVAL OF MINUTES – AUGUST 11, 2016

ADJOURNMENT


TOWN OF RICHMOND HILL

COMMITTEE OF ADJUSTMENT

CONSENT STAFF REPORT

A

APPLICATION: B029/16 DATE: SEPTEMBER 1, 2016 NAME OF OWNER: MACLEOD COMMERCIAL PROPERTIES INC.

NAME OF AGENT: WESTON CONSTULTING

STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990

THE PROPERTY: 0 SILVER MAPLE ROAD

Located at the southwest corner of Yonge Street & Silver Maple Road Town of Richmond Hill THE PROPOSAL:

Macleod Commercial Properties Incorporated requests consent to a lease in excess of 21 years in favour of Movati Athletics over lands situated at the southwest corner of Yonge Street & Silver Maple Road (municipally known as 0 Silver Maple Road). The leased lands are approximately 98.12 metres (321.91 feet), by irregular, approximately 16,267.00 square metres (175,096.53 square feet). The lease is required to facilitate a proposed 2-storey athletic club on the subject land. The retained parcel of land will have approximately 261.73 metres (858.69 feet) of frontage on Yonge Street and is approximately 36,545.00 square metres (393,367.10 square feet). PRESENT DESIGNATION:

Official Plan: Regional Mixed Use Corridor Zoning Classification: Yonge Street Centre (YSC) Zone Zoning By-law: By-law 42-02, as amended by By-law 161-02

ZONING PROVISIONS:

Minimum Lot Frontage: 20.0 m (65.62 ft.) Minimum Lot Area: 0.2 ha. (0.49 ac.) Minimum Front Yard Setback: 0.0 m. (0.0 ft.) Minimum Side Yard Setback: 6.0 m. (19.69 ft.) Minimum Rear Yard Setback: 7.5 m. (24.61 ft.) Maximum Floor Area Ratio: 250% Maximum Building Height: 6 storeys 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 location of the proposed development on the subject property is currently vacant. The proposed development is part of Phase 2 of an existing commercial development. Phase 1 of the development currently consists of an automotive service station (Esso) and commercial uses along Yonge Street. ADJACENT LAND CONDITIONS:

North: Silver Maple Road South: Vacant East: Commercial West: Residential CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED Committee of Adjustment: This application was circulated to the commenting departments and agencies on August 8, 2016.

Public notice was mailed on August 18, 2016 Applicant confirmed posting of signage on August 18, 2016. Planning & Regulatory Services - Building/Zoning:

The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law.

Planning & Regulatory Services - Planning:

Consent application B029/16 seeks approval to consent to a lease in excess of 21 years as part of a proposed two-storey fitness centre (Movati Athletic) on the subject lands. The property is also subject to a concurrent Site Plan Amendment application (Town File #: D06-16015) to facilitate the proposed development; the Site Plan Amendment application is in the later stages of the approvals process.

The applicant is seeking approval for consent to a lease in excess of 21 years in favour of Movati Athletic over lands that are approximately 98.12 m. (321.92 ft.) by irregular, having an area of approximately 16,267.0 sq. m. (175,096.53 sq. ft.).

The requested consent to a lease in excess of 21 years is considered to be appropriate in light of the proposed use. The subject lands currently support the first phase of commercial development along the Yonge Street frontage and the proposed development will add an additional commercial use that will be integrated onto the larger site. The proposed extension of the lease in excess of 21 years is considered appropriate as it will not create any zoning deficiencies, supports a long term commercial use, and provides for additional commercial development intended for subject lands.

On the basis of the preceding, Planning staff has reviewed Consent application B029/16 and recommends that the consent application be approved. Planning & Regulatory Services - Development Engineering: No concerns or objections. Planning & Regulatory Services - Parks & Natural Heritage: No comments. Planning & Regulatory Services - By-Law Enforcement: No response.


Planning & Regulatory Services – Heritage: Not circulated. Corporate & Financial Services:

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

PowerStream Inc.: No objections (comments attached).

Enbridge Gas Distribution Inc.: No objections (comments attached). Bell Canada: No concerns. York Region - Transportation & Community Planning Department:

York Region District School Board: No response.

York Region Separate School Board: No response. TRCA: TRCA staff have no objection to the above noted application as currently submitted, subject to the following condition: 1. That the applicant remits the outstanding TRCA Planning Services review fee of $550.00.

*TRCA comments have been attached.

CN Rail: Not circulated.

TransCanada Pipeline: Not circulated.

Abutting Municipality: Not circulated. Ministry of Transportation: Not circulated. Infrastructure Ontario: Not circulated. Previous / Concurrent Applications for the Subject Lands: D06-16015; Site Plan Amendment (In Progress) STAFF RECOMMENDATION:

Should the Committee find it appropriate to approve this application, the following conditions are recommended: CORPORATE AND FINANCIAL SERVICES:

1. Payment of all current and outstanding taxes to date of consent. TORONTO AND REGION CONSERVATION AUTHORITY:

2. That the applicant remits the outstanding TRCA Planning Services review fee of $550.00. COMMITTEE OF ADJUSTMENT:

3. That the applicant provides the secretary-treasurer with a legal description of the subject lands (leased land) for use for the issuance of the certificate of consent (i.e. solicitor may provide draft transfer).

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


WARNING: ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which

this application shall thereupon be deemed to be refused. Section 53(41), The Planning Act R.S.O., 1990

FINANCE/REGIONAL AND MUNICIPAL NOTICE:

Please note that the Town, Regional and Educational development charges are payable prior to building permit issuance. Water meter and tree charges are also applicable at that time. The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given or cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within four years from the date of demolition). Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished. (Must build within four years from the date of the Demolition Permit.) Please note that prior to the issuance of the Certificate of Official the Residential Certification Fee in the amount of $1301.00 is required (fees subject to change).

_______________________________ Christine Vigneault, ACST Secretary-Treasurer Committee of Adjustment





B

APPLICATION: B030/16 DATE: SEPTEMBER 1, 2016 NAME OF OWNER: SALVATORE AND ANNA CERUNDOLO

NAME OF AGENT: RAYMOND F.L. FLOYD


THE PROPERTY: 32 DENHAM DRIVE

Town of Richmond Hill THE PROPOSAL:

To sever a parcel of land for residential purposes, approximately 1.22 metres (4.00 feet) by irregular, approximately 37.30 square metres (401.50 square feet) as a lot addition to be merged on title with the property to the north, municipally known as 34 Denham Drive, and retain a parcel of land approximately 35.42 metres (116.21 feet), by irregular approximately 1614.70 square metres (17,380.48 square feet). The severed and retained land will have frontage onto Denham Drive. PRESENT DESIGNATION: Official Plan: Neighbourhood Zoning Classification: R1(S) Zoning By-law: By-law No. 2523, as amended

ZONING PROVISIONS:

Minimum Lot Frontage: 30.48 metres (100 feet) Minimum Lot Area: 1393.55 square metres (15000 square feet) Minimum Front Yard Setback: 9.14 metres (30 feet) Minimum Interior Side Yard Setback: 1.52 metres (5 feet) Minimum Rear Yard Setback: 7.62 metres (25 feet) Maximum Lot Coverage: 20% NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the


SITE CONDITIONS:

The subject lands currently support one single detached dwelling which is proposed to be retained.


ADJACENT LAND CONDITIONS:

North: Residential South: Residential East: Denham Drive West: Residential CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED Committee of Adjustment: This application was circulated to the commenting departments and agencies on August 8, 2016.


The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law.


The proposed lot addition to the abutting lands to the north of the subject lands would conform to Policy 5.12(2) of the Town’s Official Plan as follows:

a) A draft plan of subdivision is not necessary for the subject application; b) Servicing is not applicable to the subject application; c) Extension of municipal services and Denham Drive are not applicable to the subject application; d) The existing lots have frontages and accesses onto Denham Drive; e) The proposal will not restrict the ultimate development of adjacent lands; f) The size and shape of the retained lot will comply with the applicable Zoning By-law, is appropriate to the use and

compatible with the adjacent lots; g) the subject lands are not located in a Special Policy Area; and, h) the application conforms to all relevant policies of the OP.

On this basis, staff would recommend that Committee of Adjustment approved the subject application. Planning & Regulatory Services - Development Engineering:

The Development Engineering Division has reviewed the above noted application and recommend the inclusion of provisional conditions of consent as indicated herein: 1. REGISTERED PLANS

That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited reference plan of reference which outlines the necessary requirements of all Engineering conditions.

2. MERGE CLAUSE

The Development Engineering Division has reviewed the above noted application and have no objections provided that the severed parcel merge on title with the property to the North municipally known as 34 Denham Drive.

Planning & Regulatory Services - Parks & Natural Heritage: Comments to the Committee: Parks has no comments on the application.


Comments to the applicant for future applications: The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring trees greater than 20 centimetres diameter breast height requires permission (i.e. a permit)

from Town staff prior to the undertaking. Through review of a building permit of other Planning Act applications, the Town may require the design and construction process accommodate protection of existing trees, and/or tree replacement. Please consult Town of Richmond Hill Guidelines, including Fact Sheet 5.0—Guidelines for Construction near Trees for more information on this matter. Planning & Regulatory Services - By-Law Enforcement: No response.

Planning & Regulatory Services – 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 current and outstanding taxes to date of consent.


Enbridge Gas Distribution Inc.: No objections (comments attached). Bell Canada: No response.

York Region - Transportation & Community Planning Department: No objection.


York Region Separate School Board: No response.

TRCA: No concerns or objections.



Abutting Municipality: Not circulated. Ministry of Transportation: Not circulated. Infrastructure Ontario: Not circulated. Previous / Concurrent Applications for the Subject Lands: B094/12 – New Lot; Approved A103/12 – Frontage; Approved A091/15 – Side Yard Setback; Approved STAFF RECOMMENDATION:

Should the Committee find it appropriate to approve this application, the following conditions are recommended:


PLANNING & REGULATORY SERVICES DEPARTMENT – DEVELOPMENT ENGINEERING 1. REGISTERED PLANS

That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white prints of the deposited reference plan of reference which outlines the necessary requirements of all Engineering conditions.

CORPORATE AND FINANCIAL SERVICES:

2. Payment of all current and outstanding taxes to date of consent. COMMITTEE OF ADJUSTMENT:

3. That the severed parcel be merged on title with the abutting land to the north, municipally known as 34 Denham Drive and the applicant’s solicitor provide an undertaking in writing that this condition will be fulfilled. (Subsection 50 (3 or 5) of the Planning Act, R.S.O. 1990, as amended, applies to any subsequent conveyance of or transaction involving the

parcel of land that is the subject of this consent.).

4. That the applicant provides the secretary-treasurer with a legal description of the subject lands (severed land) for use for the issuance of the certificate of consent (i.e. solicitor may provide draft transfer).


WARNING:

ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which this application shall thereupon be deemed to be refused. Section 53(41), The Planning Act R.S.O., 1990


Please note that the Town, Regional and Educational development charges are payable prior to building permit issuance. Water meter and tree charges are also applicable at that time. The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given or cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within four years from the date of demolition). Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished. (Must build within four years from the date of the Demolition Permit.) Please note that prior to the issuance of the Certificate of Official the Residential Certification Fee in the amount of $1301.00 is required (fees subject to change).






D

APPLICATION: B032/16 DATE: SEPTEMBER 1, 2016 NAME OF OWNER: UPPER CITY CORPORATION

NAME OF AGENT: HUMPHRIES PLANNING GROUP INC.


THE PROPERTY: 1751 19TH AVENUE

Town of Richmond Hill THE PROPOSAL:

To sever a parcel of land for agricultural purposes, approximately 23.10 metres (75.78 feet) by irregular, approximately 905.30 square metres (9,744.56 square feet) as a lot addition to be merged on title with the property to the west (municipally known as 1521 19th Avenue) and retain a parcel of land approximately 416.00 metres (1,364.82 feet) by irregular, approximately 156,604.70 square metres (1,685,678.96 square feet). The retained land will have frontage onto 19th Avenue PRESENT DESIGNATION:

North Leslie Secondary Plan: Protected Countryside Zoning Classification: Agricultural (A1) Zone Zoning By-law: By-law No. 2523, as amended ZONING PROVISIONS:

Minimum Lot Frontage: 400.0 feet (121.92 metres) Minimum Lot Area: 25 acres (10.1 hectares) NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the


SITE CONDITIONS:

The lands contain an active farm with an existing dwelling and accessory building. ADJACENT LAND CONDITIONS:

North: 19th Avenue South: TransCanada Pipeline Easement and farmland that is subject to draft Plan of Subdivision application

D03-13015 East: Provincial Highway No. 404 West: Farmland that is subject to a draft Plan of Subdivision application D03-15007


CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED Committee of Adjustment: This application was circulated to the commenting departments and agencies on August 8, 2016.


The proposed consent application will not create areas of non-compliance with respect to the Zoning By-law.


The applicant proposes to sever off a small parcel of land with an area of 905.3 square metres (9,744.56 square feet) at the southwest corner of the subject lands and merge it on title with the abutting lands to the west. The lands to the west are the subject of active applications for Zoning By-law Amendment (D02-15025) and draft Plan of Subdivision (D03-15007). The proposed severed parcel will form part of a stormwater pond that is planned for the southeast corner of the abutting proposed draft plan of subdivision. The retained parcel will have a frontage of approximately 416.0 metres (1,364.8 feet) on 19th Avenue and a lot area of approximately 15.7 hectares (38.7 acres).

Staff has reviewed the applicant’s development proposal and would note that stormwater management facilities are permitted under the “Protected Countryside” designation subject to a Master Environmental Servicing Plan (MESP) having been undertaken for the subject area. An MESP has been completed for the North Leslie Secondary Plan Area and it is noted that the proposed location for the stormwater pond is consistent with the MESP. Staff further notes that the retained parcel will continue to comply with the lot area and frontage requirements under the Zoning By-law.

In light of the above, staff is of the opinion that the requested consent application conforms with the Town’s Official Plan and Zoning By-law, and that a plan of subdivision is not necessary for the proper and orderly development of the subject lands.

Staff would therefore recommend that application B032/16 be approved. Planning & Regulatory Services - Development Engineering:

The Development Engineering Division has reviewed the above noted application and provide the following comments:

1. MERGE CLAUSE

The Development Engineering Division has reviewed the above noted application and have no objections provided that the severed parcel merge on title with the property to the west municipally known as 1521 29th Avenue.

Planning & Regulatory Services - Parks & Natural Heritage: Comments to the Committee: Parks staff has no comments on the subject application. Comments to the application for future applications: The property is within the Protected Countryside of the North Leslie Secondary Plan. Future development applications would be subject to the applicable policies of the Town Official Plan. This property is subject to Tree Preservation by-law 41-07. Cutting and injuring trees more than 20cm diameter breast height requires permission prior to the undertaking.

Planning & Regulatory Services - By-Law Enforcement: No response.

Planning & Regulatory Services – Heritage: No response.


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 current and outstanding taxes to date of consent.


Enbridge Gas Distribution Inc.: No objections (comments attached). Bell Canada: No response.

York Region - Transportation & Community Planning Department: No objection.


York Region Separate School Board: No response. TRCA:

TRCA staff have no objection to the above noted application as currently submitted, subject to the following condition: 1. That the applicant remits the outstanding TRCA Planning Services review fee of $1325.00.




Abutting Municipality: Not circulated. Ministry of Transportation: MTO Highway Corridor Management has reviewed the location of the above-referenced Consent Application. Please be advised that 1751 19th Ave., Richmond Hill is located within MTO Permit Control Area. Any development on-site must be sent to this office for review to determine if an MTO Building and Land Use Permit is required. Please note that there shall be no direct access to Highway 404 and that any proposed development on-site must adhere to the MTO Building and Land Use Policy, MTO Corridor Signage Policy, MTO Highway Access Management Guideline, etc. For detailed information on MTO Highway Corridor Management, please visit: http://www.mto.gov.on.ca/english/engineering/management/corridor/ For this specific Consent Application, MTO is of the understanding that a new lot is not being created and that the purpose of the application is to sever a 905 sq. m. parcel of land (located in the S/W corner of 1751 19th Ave.) and merge it to the abutting land (1521 19th Ave.) for the proposed Draft Plan of Subdivision Application. At this time, this office has no comments on the proposed Consent Application (lot addition). Infrastructure Ontario: Not circulated. Previous / Concurrent Applications for the Subject Lands: B097/12 – Lot Addition; Approved STAFF RECOMMENDATION:

Should the Committee find it appropriate to approve this application, the following conditions are recommended:


CORPORATE AND FINANCIAL SERVICES: 1. Payment of all current and outstanding taxes to date of consent. TORONTO AND REGION CONSERVATION AUTHORITY:

2. That the applicant remits the outstanding TRCA Planning Services review fee of $1325.00. COMMITTEE OF ADJUSTMENT:

3. That the severed parcel be merged on title with the abutting land to the west, municipally known as 1521 29th Avenue and the applicant’s solicitor provide an undertaking in writing that this condition will be fulfilled. (Subsection 50 (3 or 5) of the Planning Act, R.S.O. 1990, as amended, applies to any subsequent conveyance of or transaction involving the

parcel of land that is the subject of this consent.).

4. That the applicant provides the secretary-treasurer with a legal description of the subject lands (severed land) for use for the issuance of the certificate of consent (i.e. solicitor may provide draft transfer).


WARNING: ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which

this application shall thereupon be deemed to be refused. Section 53(41), The Planning Act R.S.O., 1990


Please note that the Town, Regional and Educational development charges are payable prior to building permit issuance. Water meter and tree charges are also applicable at that time. The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given or cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within four years from the date of demolition). Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished. (Must build within four years from the date of the Demolition Permit. Please note that prior to the issuance of the Certificate of Official the Residential Certification Fee in the amount of $1301.00 is required (fees subject to change).





MINOR VARIANCE STAFF REPORT

E

APPLICATION: A031/16 DATE: SEPTEMBER 1, 2016 NAME OF OWNER: GREG LARDEN & TINA LEBLANC NAME OF AGENT: N/A

STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990 THE PROPERTY: 25 AUBREY AVENUE

Town of Richmond Hill THE REQUEST:

To provide relief from the provisions of By-law 1275, as amended, to permit increased maximum garage gross floor area and increased maximum building height to accommodate the construction of a proposed detached garage. By-Law

Requirement

Proposed

Difference Maximum Gross Floor Area –

Detached Garage 40.00 m2 (430.55 ft2) 75.80 m2 (815.90 ft2) 35.80 m2 (385.35 ft2)

Maximum Height – Detached Garage 4.20 m (13.78 ft) 4.90 m (16.08 ft) 0.70 m (2.30 ft)

PRESENT DESIGNATION:

Official Plan: “Neighbourhood” Zoning Classification: “Residential Urban (RU) Zone” Zoning By-law: By-law No. 1275, as amended ZONING PROVISIONS: Maximum Gross Floor Area – Detached Garage 50.00 sq. m. (538.20 sq. ft.) Maximum Height – Detached Garage 4.20 m. (13.78 ft) Minimum Lot Frontage: 22.86 m. (75 ft.) Minimum Lot Area: 929.03 sq. m. (10,000 sq. ft.) Minimum Front Yard Setback: 9.14 m. (30 ft.) Minimum Interior Side Yard Setback: 1.52 m. (5 ft.) Minimum Rear Yard Setback: 9.14 m. (30 ft.) Minimum Ground Floor Area (1 Storey): 92.90 sq. m. (1,000 sq. ft.) Minimum Ground Floor Area (1½ Storey or 2 Storey): 69.68 sq. m. (750 sq. ft.) Maximum Height: 10.67 m. (35 ft.)


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 Aubrey Avenue, north of King Road, east of Schomberg Road, and west of Yonge Street. The lands are situated within an established residential neighbourhood and currently support an existing one-storey dwelling constructed in 1966. At present, the lands do not support a detached garage. It should be noted that the subject lands are located within an existing floodplain. The proposed detached garage encroaches into the floodplain. ADJACENT LAND CONDITIONS

North: Aubrey Avenue South: Oak Ridges Meadow Park East: Residential West: Residential CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED Committee of Adjustment: Minor Variance Application A031/16 was deferred by the Committee of Adjustment at the May 19, 2016 meeting in order to permit time to confirm the limits of the wetland feature and buffer on the subject land.

Public notice was mailed on August 22, 2016. The applicant confirmed posting of sign in accordance with the Planning Act on August 18, 2016. Planning & Regulatory Services - Building/Zoning: The requested variance is correct. Planning & Regulatory Services - Planning: To follow.

Planning & Regulatory Services - Development Engineering: No concerns or objections. Planning & Regulatory Services – Parks & Natural Heritage:

The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring trees greater than 20 centimetres diameter breast height requires permission (i.e. a permit) from Town staff prior to the undertaking. Also, the property is within the Settlement Area of the Oak Ridges Moraine Conservation Plan and adjacent to a wetland. While the current development proposal is outside of the minimum vegetation protection zone of the wetland, and outside of the tree protection zone, future development applications may need to address environmental policies of the Town Official Plan.


Planning & Regulatory Services – Heritage: Not circulated.

Corporate & Financial Services: Not circulated.

PowerStream Inc.: No response.


Enbridge Gas Distribution Inc.: Not circulated.

Bell Canada: No response.

York Region - Transportation & Community Planning Department: No objection. TRCA: TRCA staff have no objection to the above noted application as currently submitted, subject to the following condition: 1. That the applicant remits the outstanding TRCA Planning Services review fee of $550.00.


CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Not circulated.

Infrastructure Ontario: Not circulated.

Previous / Concurrent Applications for the Subject Lands: N/A RECOMMENDATION: Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended as presented in this Staff Report: 1. That the variances pertain only to the request as submitted with the application.

2. That development be substantially in accordance with the sketch to be submitted with the application (Any future

development must comply with the applicable provisions of the by-law). 3. That the applicant remits the outstanding TRCA Planning Services review fee of $550.00. FOR THE FOLLOWING REASONS:

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.






F

APPLICATION: A066/16 DATE: SEPTEMBER 1, 2016 NAME OF OWNER: SERGEY & YULIA SHTRACHMAN NAME OF AGENT: VICTOR GUITBERG

STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990 THE PROPERTY: 207 Ruggles Avenue


To provide relief from the provisions of By-law 212-92, as amended, to permit a reduced minimum front yard setback from the established building line, reduced minimum side yard setbacks (north and south), reduced minimum rear yard setback, increased maximum gross floor area, increased maximum lot coverage and increased maximum encroachment into rear yard (deck) to accommodate the construction of a proposed two-storey single family dwelling. By-Law

Requirement

Proposed



2.44 m ( 8.01 ft) 3.48 m ( 11.42 ft) 1.04 m ( 3.41 ft)


7.65 m ( 25.10 ft) 6.10 m ( 20.01 ft) 1.55 m ( 5.09 ft)



PRESENT DESIGNATION: Official Plan: Neighbourhood Zoning Classification: R2 Zoning By-law: 66-71, as amended

ZONING PROVISIONS: Minimum Lot Frontage: 15.24 metres (50 feet) Minimum Lot Area: 464.51 square metres (5,000 square feet) Minimum Front Yard: Established Building Line Minimum Interior Side Yard: 2.11 metres (6.92 feet) Minimum Rear Yard: 7.62 metres (25 feet) Maximum Building Height: 8.5 metres (28 feet) Maximum Gross Floor Area: 232.25 square metres (2,500 square feet) Maximum Lot Coverage: 30%



SITE CONDITIONS:

The subject lands currently support one single detached dwelling which is proposed to be demolished and replaced with a new single detached dwelling. ADJACENT LAND CONDITIONS:

North: Residential South: Residential East: Residential West: Ruggles Avenue CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED Committee of Adjustment: This application was circulated to the commenting departments and agencies on August 8, 2016.

Public notice was mailed on August 18, 2016. The applicant confirmed posting of public notice sign on August 18, 2016. Planning & Regulatory Services - Building/Zoning:

The requested variance is correct. Note: Building elevation drawings and height information have not been supplied. Staff are unable to determine

compliance with maximum height requirement of By-law 66-71 as amended by By-law 212-92.


The applicant is proposing to construct a new two-storey single detached dwelling. In order to facilitate the proposed development, the applicant will require minor variances to permit the following: By-Law

Requirement

Proposed



2.44 m ( 8.01 ft) 3.48 m ( 11.42 ft) 1.04 m ( 3.41 ft)


7.65 m ( 25.10 ft) 6.10 m ( 20.01 ft) 1.55 m ( 5.09 ft)



It should be noted that the proposal is consistent with current development trends in the area. The proposed dwelling will be in keeping with the character of the surrounding area and has little negative impact on adjacent neighbours. Staff also notes that the subject lands are more shallow than many of the existing lots within the neighbourhood and as such, it is more difficult to maintain the required setback to the deck as well as to the back wall of the building.


Staff has reviewed the proposal and finds it to be in keeping with the general intent and purpose of the Official Plan and applicable Zoning By-law, minor in nature and an appropriate and desirable development of the subject lands. Staff therefore recommends approval of the subject minor variance application.

Planning & Regulatory Services - Development Engineering: No concerns or objections. Planning & Regulatory Services – Parks & Natural Heritage:

The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring trees greater than 20 centimetres diameter breast height requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree protection will be required during construction (including neighbouring trees), and replacement trees will be required for any removed. Tree protection fencing will be required to protect the tree protection zone of neighbouring Trees #13, 14 and 15 during the construction process.







York Region - Transportation & Community Planning Department: No objections. TRCA: No concerns or objections. CN Rail: Not circulated. TransCanada Pipeline: Not circulated. Abutting Municipality: Not circulated. Ministry of Transportation: Not circulated.


Previous / Concurrent Applications for the Subject Lands: N/A RECOMMENDATION: 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.


development must comply with the applicable provisions of the by-law).


FOR THE FOLLOWING REASONS:

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. _______________________________ Christine Vigneault, ACST Secretary-Treasurer Committee of Adjustment





G

APPLICATION: A067/16 DATE: SEPTEMBER 1, 2016 NAME OF OWNER: 2082198 ONTARIO INC. NAME OF AGENT: RICHARD VANDERWAL

STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990 THE PROPERTY: 9140 Leslie Street


To provide relief from the provisions of By-law 150-80, as amended, to permit a reduced number of parking spaces to accommodate an existing physiotherapy clinic (medical use) located in units 106, 107 & 108. By-Law

Requirement

Proposed

Difference Parking Spaces 263 spaces 259 spaces 4 spaces


Official Plan: Employment Area Zoning Classification: Special Commercial (MC-2) Zone Zoning By-law: By-law 150-80, as amended ZONING PROVISIONS: Minimum Lot Frontage: 30.0 m. (19.69 ft.) Minimum Lot Area: 0.4 ha. (1.0 ac.) Minimum Front Yard Setback (Leslie Street): 21.0 m. (68.90 ft.) Minimum Side Yard Setback (Flankage): 12.0 m. (39.37 ft.) Minimum Side Yard Setback (Interior): 6.0 m. (19.69 ft.) Minimum Rear Yard Setback: 12.0 m. (39.37 ft.) Maximum Height (Non-Industrial): 30.5 m. (100.0 ft.) Parking Requirement (Commercial): 1 parking space per 28.0 sq. m. (301.39 sq. ft.) NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the



SITE CONDITIONS:

The subject property currently supports an existing four (4) storey building with a mix of office and commercial uses. ADJACENT LAND CONDITIONS:

North: Office / Commercial South: West Beaver Creek Road East: Leslie Street West: Office / Commercial CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED Committee of Adjustment: This application was circulated to the commenting departments and agencies on August 8, 2016.

Public notice was mailed on August 18, 2016. The applicant confirmed posting of public notice sign on August 18, 2016. Planning & Regulatory Services - Building/Zoning: The requested variance is correct. Planning & Regulatory Services - Planning:

The proposed variance is requested to facilitate an expansion of an existing physiotherapy clinic (Neurocore Physiotherapy and Pilates Inc.) on the ground floor of a mixed use retail and office building on the subject property.

To facilitate the proposed development, the minor variance application is specifically seeking relief from the following provisions of By-law 150-80, as amended:

• Decrease the number of parking spaces from two hundred and sixty-three (263) as required, to two hundred and

fifty-nine (259).

The subject property supports an existing mixed use retail and office building. The current application is required to accommodate the expansion of an existing physiotherapy clinic on the ground floor of the building, which increases the overall gross floor area of the clinic and necessitates an increase in the total amount of parking spaces currently provided on site based on the parking requirements in the applicable By-law. As parking on the subject property is already provided and no new spaces are proposed to be added on the subject lands, a decrease in the amount of parking necessary for the expansion of the clinic use to the total existing amount is required.

A Parking Justification Memorandum providing technical details supporting the proposal including operational details, site description, and general observations of on-site parking to justify the proposed parking space reduction was submitted as part of the application. Further to the Town’s Development Engineering Division review of the supporting material, they have no objections to a parking supply of two hundred and fifty-nine (259) spaces on the subject lands as a result of the proposed expansion of the clinic on the subject lands.

Planning staff has reviewed the proposed minor variance for a reduction in parking and believes that the proposal meets the four (4) prescribed tests set out in Section 45.1 of the Planning Act in that the requested variance is considered to be minor in nature, is desirable for the appropriate development of the subject land, and maintains the general intent and purpose of the applicable Official Plan and Zoning By-law.

Planning & Regulatory Services - Development Engineering: No concerns or objections.


Planning & Regulatory Services – Parks & Natural Heritage: No comments.








Infrastructure Ontario: Not circulated. Previous / Concurrent Applications for the Subject Lands: A103/04 – Parking; GFA; Approved RECOMMENDATION: 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. FOR THE FOLLOWING REASONS:


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.






H

APPLICATION: A070/16 DATE: SEPTEMBER 1, 2016 NAME OF OWNER: KHADIGEH VANAKY NAME OF AGENT: SARA SAMERI

STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990 THE PROPERTY: 38 Fairview Avenue


To provide relief from the provisions of By-law 187-80, as amended, to permit a reduced front yard setback, increased maximum lot coverage and increased maximum encroachment into the front and rear yard (steps) to accommodate the construction of a proposed two-storey single family dwelling. By-Law

Requirement

Proposed

Difference Maximum Lot Coverage 30.00% 33.00% 3.00%

Minimum Front Yard Setback 9.14 m (30.00 ft) 8.38 m (27.49 ft) 0.76 m (2.51 ft) Maximum Step Encroachment

(Front Yard) 0 m (0.00 ft) 1.33 m ( 4.36 ft) 1.33 m (4.36 ft)

Maximum Step Encroachment (Rear Yard)

0 m (0.00 ft) 2.00 m ( 6.56 ft) 2.00 m (6.56 ft)


Official Plan: Neighbourhood Zoning Classification: Second Density Residential (R2) Zone Zoning By-law: By-law No. 2523, as amended and By-law No. 187-80, as amended ZONING PROVISIONS: Minimum Lot Frontage: 18.29 metres (60.0 feet) Minimum Lot Area: 696.77 square metres (7,500 square feet) Minimum Front Yard Setback: 9.14 metres (30.0 feet) Minimum Side Yard Setback: 1.52 metres (5.0 feet) Minimum Rear Yard Setback: 7.62 metres (25.0 feet) Maximum Building Height: 10.67 metres (35.0 feet) Maximum Lot Coverage: 30%



SITE CONDITIONS:

The subject lands are located on the west side of Fairview Avenue, south of Garden Avenue and west of Yonge Street and do not contain an existing dwelling. The site is situated within an area of transition characterized by a range of architectural styles and dwelling ages, and a varied lot fabric. In this regard, the neighbourhood features a mix of older dwellings and new, custom-built two-storey dwellings and reflects diversity with respect to existing development standards. It should be noted that subject lot represents one of the shallower (34.10 metres or 111.88 feet) lots in the area. ADJACENT LAND CONDITIONS:

North: Residential South: Residential East: Fairview Avenue West: Residential CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED Committee of Adjustment: This application was circulated to the commenting departments and agencies on August 8, 2016.

Public notice was mailed on August 18, 2016. The applicant confirmed posting of public notice sign on August 15, 2016. Planning & Regulatory Services - Building/Zoning: The requested variance is correct. Planning & Regulatory Services - Planning:

The applicant is requesting relief from By-law Nos. 2523 and 187-80, 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 lot coverage from 30%, as permitted, to 33%, as proposed; • reduced minimum front yard setback from 9.14 metres (30.0 feet), as required, to 8.38 metres (27.49 feet), as

proposed; • increased maximum front yard step encroachment from 0.0 metres, as permitted, to 1.33 metres (4.36 feet), as

proposed; and, • increased maximum rear yard step encroachment from 0.0 metres, as permitted, to 2.00 metres (6.56 feet), as

proposed.

Planning staff has reviewed the applicant’s development proposal and concludes that the requested variances are appropriate in consideration of the ongoing evolution of the neighbourhood. It should be noted that the proposed increased maximum permitted lot coverage, reduced minimum front yard setback, and increased maximum step encroachment within the front and rear yards are generally compatible with established and/or approved development standards within the broader neighbourhood. Comparable examples include 2 Fairview Avenue (reduced front yard setback to 7.62 metres, increased front yard step encroachment to 2.7 metre porch, and increased rear yard walkout encroachment to 2.07 metres, approved in accordance with COA File No. A036/16) and 156 Garden Avenue (increased maximum lot coverage to 35%, approved as per COA File No. A050/16).


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 A070/16 be approved.

Planning & Regulatory Services - Development Engineering: No concerns or objections. Planning & Regulatory Services – Parks & Natural Heritage: The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring trees greater than 20 centimetres diameter breast height requires permission (i.e. a permit) from Town staff prior to the undertaking. Tree protection will be required during construction (including neighbouring trees), and replacement trees will be required for any removed. Future plans for development should endeavor to protect existing healthy mature trees on site, in particular Tree #11, a 49cm DBH Black Walnut.









Previous / Concurrent Applications for the Subject Lands: N/A RECOMMENDATION: 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.


development must comply with the applicable provisions of the by-law).


FOR THE FOLLOWING REASONS:


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. _______________________________ Christine Vigneault, ACST Secretary-Treasurer Committee of Adjustment

Documents

do not include hard copy information associated with the file ... - City of Richmond Hill · 2016. 9. 27. · Town of Richmond Hill THE PROPOSAL: To provide relief from the provisions