COMMITTEE OF ADJUSTMENT AGENDA WEDNESDAY, JUNE 25, 2014, 7:00 PM

Transcription

1 .... COMMITTEE OF ADJUSTMENT AGENDA Committee of Adjustment Agendas are subject to change without notice. The Final Agenda is available at the beginning of each meeting. WEDNESDAY, JUNE 25, 2014, 7:00 PM Town of East Gwillimbury Leslie Street Sharon, Ontario. A.. CALL TO ORDER B.. DECLARATION OF INTEREST C. ADOPTION OF MINUTES 1. To adopt the Committee of Adjustment minutes from the meeting held May 28, D. CONSENT APPLICATIONS 1. Consent Application B submitted by Ontario Inc., for the property known as 476 Samuel Harper Court. LOT 8, PLAN M-90. Roll No E. MINOR VARIANCE APPLICATIONS 1. Minor Variance Application A submitted by Bhavani Enterprises Ltd. for the property known as 61 Main Street, LOT 49 PLAN 403. Roll No Minor Variance Application A submitted by the Town of East Gwillimbury for the property known as 22 Princess Street, Plan 403, Part Block C. Roll No F.. OTHER BUSINESS G. ADJOURNMENT Page Page 1 of 31

2 COMMITTEE OF ADJUSTMENT MEETING MINUTES Wednesday, May 28, 2014a7:00 PM A Meeting of the Town of East Gwillimbury Committee of Adjustment was held on Wednesday, May 28, 2014, at 7:00 p.m. in the Civic Centre Council Chambers, Leslie Street, Sharon, Ontario. PRESENT: Chairperson David Smith Member Jacqueline C. Rueping Member Jennifer Smalley-Higgs Member Jane Stevenson Member Aaron Gillard Secretary-Treasurer Planner Fernando Lamanna Chris Cannon OTHERS: (10) members of the public A. CALL TO ORDER David Smith, Chairperson called the meeting to order at 7:00 p.m. A quorum was present. F. Lamanna, Secretary- Treasurer introduced the newest appointed Member to the Committee of Adjustment. B. DECLARATION OF INTEREST A. Gillard, Member, declared an interest in Item E1, Minor Variance Application A as the applicant is in negotiations with his client who owns the lands directly to the South. C. ADOPTION OF MINUTES 1. To the adopt the minutes of the Committee of Adjustment meeting held on April 30, 2014 Moved by: J. Stevenson Seconded by: J. Smalley-Higgs Page 2 of 31

3 Town of East Gwillimbury Committee of Adjustment Wednesday, May 28, 2014 Page 2 of 4 BE IT RESOLVED THAT the Minutes of the Committee of Adjustment meeting held on April 30, 2014, be approved. D. CONSENT APPLICATIONS There were no consent applications heard. E. MINOR VARIANCE APPLICATIONS Carried 1. Minor Variance Application A submitted by Benjamin Orser for the property known as Yonge Street, Concession 1, WYS, Part Lot 108, Plan 76, and Part Lots 33 and 38 Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated May 12, 2014 distributed in accordance with the regulations of the Planning Act Development Services Report P Memorandum from T. Gibson, Director of Building Approvals & Inspections and CBO. dated May 20, 2014, from C. Singh, Permits Officer, Corridor Management Office, Ministry of Transportation, with no comments or concerns. Letter dated May 23, 2014, from Lisa-Beth Bulford, Development Planner, Lake Simcoe Region Conservation Authority with no issues. Letter dated May 14, 2014, from Lee J. Bull of Larkin and Associates Planning Consultants Inc. supporting the application submitted. M. Smith, Michael Smith Planning Consultants, Agent, reviewed the proposed development and the purpose for the minor variance application. He noted that the commercial units will be businesses that require little to no loading space. He advised that the property owner and his client have negotiated a shared drive way use and both properties will each have an ingress and egress. E. Hollingshead, 99 Olive Street, raised concerns with respect to the height of the new proposed building. She was provided a colour sketch and was satisfied. M. Revas, Yonge Street, had concerns regarding traffic on Yonge Street as well as her property value. A. Gillard, Member, declared an interest in this item and as such did not participate in the discussion or vote on the matter. Page 3 of 31

4 Town of East Gwillimbury Committee of Adjustment Wednesday, May 28, 2014 Page 3 of 4 Moved by: J. Rueping Seconded by: J. Stevenson BE IT RESOLVED THAT Minor Variance application A requesting relief from Section 6.8 (c)(vi) to permit the total residential floor area to be a maximum of 55% of the gross floor area; whereas the by-law permits a maximum of 50% of the gross floor area; and Section 6.20 (a) to permit the commercial building from requiring a loading space; whereas the by-law requires loading space; and Section 6.29 (a)(ii) to permit a reduced snow storage area of a minimum of 15%, whereas the by-law requires a minimum of 20%; and Section 6.29 (f) to permit no planting strip buffer along the south limit of the property, whereas the by-law requires a 3 metre wide planting strip buffer, as shown on Schedule 1, is hereby approved Carried. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. 2. Minor Variance Application A submitted by Carmelo Occhipinti for the property known as Holland Landing Road, Concession 1, WYS, Part Lot 109 Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated May 12, 2014 distributed in accordance with the regulations of the Planning Act Development Services Report P Memorandum from T. Gibson, Director of Building Approvals & Inspections and CBO. dated May 20, 2014, from C. Singh, Permits Officer, Corridor Management Office, Ministry of Transportation, with no comments or concerns. There were no interested parties. A. Gillard, Member, asked how high the garage will be and if elevation drawings were provided. C. Cannon, Planner, noted that no elevation drawings were submitted and the zoning by-law restricts the height of an accessory structure to 4.5 metres. J. Stevenson, Member, asked where the septic bed is located. Page 4 of 31

5 Town of East Gwillimbury Committee of Adjustment Wednesday, May 28, 2014 Page 4 of 4 C. Occhipinti, Owner, responded that the septic bed is located on the front of the property with the garage approximately 30 feet away. He also stated that no trees are to be removed in this process. Moved by: J. Smalley-Higgs Seconded by: J. Stevenson BE IT RESOLVED THAT Minor Variance application A requesting relief from Section 6.3 (c) to permit the construction of a detached garage located in the front yard and having a front yard setback of 1.3 metres, as shown on Schedule 1, is hereby approved. Carried. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. F. OTHER BUSINESS G. ADJOURNMENT Moved by: J. Smalley-Higgs Seconded by: J. Rueping BE IT RESOLVED THAT the Committee of Adjustment meeting adjourn at this time (7:25 pm). Carried David Smith, Chairperson Meeting Minutes adopted on June 25, 2014 Fernando Lamanna, Secretary-Treasurer, Committee of Adjustment Page 5 of 31

6 COMMITTEE OF ADJUSTMENT Fernando Lamanna, Secretary-Treasurer x3821 June 5 th, 2014 NOTICE OF HEARING Re: Consent Application B submitted by Ontario Inc. For the property known as 476 Samuel Harper Court. LOT 8, PLAN M-90 Roll No The owners of the above noted property have submitted an application for consent to request permission to sever and convey the subject land marked A (Lot 2) and retain the remainder lands marked B (Lot 1), as shown on Schedule 1 attached. The purpose of this application is to create one new building lot. The subject lands to be severed are the subject of an application for a Zoning By-law Amendment, File # ZBA A hearing to receive public comments in support or in opposition to this application will be held on Wednesday June 25 th, 2014 at 7:00 p.m., in the Council Chambers Leslie Street, Sharon. Any person who supports or opposes this application, but who is unable to attend the hearing, may make a signed, written submission which should include the reasons for support or opposition. Written submissions must be delivered to the Secretary-Treasurer prior to Wednesday, June 18 th, Written submissions can also be submitted at the hearing. Please include your printed name and full mailing address in your written submission. If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed consent, you must make a written request to the Secretary-Treasurer, Committee of Adjustment, Leslie Street, Sharon, Ontario L0G 1V0. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If more information is required, contact the Secretary-Treasurer for the Committee of Adjustment for assistance at (905) Ext or by at flamanna@eastgwillimbury.ca. Original signed by Fernando Lamanna Secretary-Treasurer Our town, Our future Leslie Street, Sharon, Ontario L0G 1V0 Tel: Fax: Page 6 of 31

7 Development Services Subject Property NINTH LINE MOUNT ALBERT RD First Base Solutions Inc., 2013 Orthophotography 0 1,000 m E Page 7 of 31

8 Remainder Land 'B' Subject Land 'A' Schedule '1' Page 8 of 31

9 Don Sinclair Town Solicitor, Legal Services June 20, 2014 Committee of Adjustment Town of East Gwillimbury Attention: Fernando Lamanna, Secretary-Treasurer Dear Mr. Lamanna: Re: Consent Application B submitted by Ontario Inc. for the property known as 476 Samuel Harper Court, Lot 8, Plan M-90, Roll No Please be advised that at the June 16, 2014, Special Meeting of Council the following resolution was enacted: BE IT RESOLVED THAT Council direct the Town Solicitor to write to the Committee of Adjustment requesting that the application to sever the land, application No. B submitted by Ontario Inc for the property known as 476 Samuel Harper Court, be deferred until Council has the opportunity to make a decision on the Zoning By-law Amendment Application File No. ZBA CARRIED SC Accordingly, please be advised that the Council of the Town of East Gwillimbury respectively requests that the Committee of Adjustment defer any decision for the above application until Council has had an opportunity to make a decision on the Zoning By-law Amendment Application. Sincerely Don Sinclair Town Solicitor Our town, Our future Leslie Street, Sharon, Ontario L0G 1V0 Tel: Fax: Page 9 of 31

10 COMMITTEE OF ADJUSTMENT Fernando Lamanna, Secretary-Treasurer x3821 June 5 th, 2014 NOTICE OF HEARING Re: Minor Variance Application A submitted by Bhavani Enterprises Ltd. for the property known as 61 Main Street, LOT 49 PLAN 403 Roll No The owners of the above noted property have submitted an application for a minor variance to request relief from Section 6.24 (k) to permit the construction of a new gas bar canopy with a reduced front yard setback of 1.52m as shown on Schedule 1 attached, whereas the by-law requires the gas bar canopy to be a minimum of 10m from the front yard. A hearing, to receive public comments in support or in opposition to this application will be held on Wednesday, June 25 th, 2014 at 7:00 p.m., in the Council Chambers Leslie Street, Sharon. Any person who supports or opposes this application, but who is unable to attend the hearing, may make a signed, written submission which should include the reasons for support or opposition. Written submissions must be delivered to the Secretary-Treasurer prior Wednesday, June 18 th, Written submissions can also be submitted at the hearing. Please include your printed name and full mailing address in your written submission. If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed minor variance, you must make a written request to the Secretary-Treasurer, Committee of Adjustment, Leslie Street, Sharon, Ontario L0G 1V0. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If more information is required, contact the Secretary-Treasurer for the Committee of Adjustment for assistance at (905) Ext or by at flamanna@eastgwillimbury.ca. Original signed by Fernando Lamanna Secretary-Treasurer Committee of Adjustment Our town, Our future Leslie Street, Sharon, Ontario L0G 1V0 Tel: Fax: Page 10 of 31

11 Mill Street Legend 61 Main Street Main Street Centre Street Page 11 of 31 Legend Copyright, The Town of East Gwillimbury, September 2013 Copyright, The Regional Municipality of York, Orthophotography, First Base Solutions Inc Meters

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14 To: DEVELOPMENT SERVICES REPORT P Committee of Adjustment Date: June 25 th, 2014 Subject: Origin: RECOMMENDATIONS Minor Variance Application by Bhavani Enterprises Ltd. 61 Main Street (South Side of Main Street, West of Centre Street) Part of Lot 11, Concession 8 [File: A.09.14] Development Services Department 1. THAT the Minor Variance requested by Bhavani Enterprises Ltd. [File: A.09.14] for relief from Section 6.24(k) to permit a gas bar canopy within 1.52 metres of the front lot line; whereas the by-law requires a setback of 10 metres, be approved. PURPOSE The purpose of this report is to provide information and make a recommendation regarding the Minor Variance application by Bhavani Enterprises Ltd. The proposed Minor Variance to the specific performance standards is to facilitate the proposed construction of a new gas bar canopy. BACKGROUND Location The subject property is located on the south side of Main Street, west of Centre Street in the Community of Mount Albert. The location of this property is shown on Appendix 1 of this report. DISCUSSION AND ANALYSIS Proposal The Minor Variance application proposes relief from 6.24(k) to permit a 1.52 metre setback from the front lot line. The proposed gas pump islands are to be constructed in line with the location of the existing pump island. The proposed canopy is centred on the proposed pump islands. A copy of the proposed site plan submitted in support of this application is attached as Appendix 2. Page 14 of 31

15 Development Services Report Minor Variance Application By Bhavani June 25, 2014 Page 2 of 6 Town of East Gwillimbury Official Plan The subject property is designated Village Core Area by the Town s Official Plan. While service stations are not a permitted use within the Village Core Area designation, there is an existing gas station on the property that is considered a legal non-conforming use. The applicant is proposing to put a canopy structure over the general location of the existing gas pump island, which would be consistent with the legal non-conforming use criteria outlined in Section of the Official Plan. Zoning By-law The subject property is zoned Commercial General (C1) in the Town s Zoning By-law 97-50, as amended. As noted, there is an existing gas station on the property, which is considered legal non-conforming. In order to facilitate a new gas bar canopy over the general location of the existing pump island, development relief is required from some performance standards in the Town s Zoning By-law. The requested relief is from Section 6.24(k) to permit a gas bar canopy a within 1.52 metres of the front lot line; whereas the by-law requires a setback of 10 metres. Comments In determining whether a variance is minor, the Committee must have regard not only to the measurement of the variance but also to the following considerations: (i) Whether the variance is minor in nature The requested relief from the performance standard to facilitate a canopy over the general area of the existing gas pump island, is considered minor in nature. (ii) Whether it is appropriate and desirable for the development of the lands The variance would not compromise the character of the subject lands and surrounding development. (iii) Whether it maintains the general intent and purpose of the Official Plan The general intent and purpose of the Town s Official Plan is being maintained with the requested variance. (iv) Whether it maintains the general intent and purpose of the Zoning By-law Given the size, configuration and location of this property, it is staff s opinion that the relief requested to facilitate the development on this property would maintain the intent of the Zoning By-law. Page 15 of 31

16 Development Services Report Minor Variance Application By Bhavani June 25, 2014 Page 3 of 6 ATTACHMENTS Appendix 1 Location Map Appendix 2 Proposed Site Plan Appendix 3 Proposed Elevation Prepared and Recommended by: Original report signed by Robin Prentice, MCIP, RPP Planner Page 16 of 31

17 APPENDIX 1 General Location Development Services Report Minor Variance Application By Bhavani June 25, 2014 Page 4 of 6 Legend Page 17 of 31

18 APPENDIX 2 Proposed Site Plan Development Services Report Minor Variance Application By Bhavani June 25, 2014 Page 5 of 6 \ ~~~ 513~ \\ Key Map N.T.S. Community Park 91.ftl' N72"'Zl'lO"E Commerdal, r s 0,... L... - I u rl I I. ~! ~.. Community Park -~~---+- E.Alstlng tank510be r~ ' ' ' \ \ ' I \ I I Page 18 of 31 E:dstlng pump Island klbe removed 91.76' N12"l1'30"E Main Street I \ '.. - '~ \ ' ' ' B l:raln ' Path ' '... ',_

19 APPENDIX 3 Proposed Elevation Development Services Report Minor Variance Application By Bhavani June 25, 2014 Page 6 of 6 Existing Boildlng t. Proposed Canopy l- West Elevation Page 19 of 31

20 Don Sinclair Town Solicitor, Legal Services June 20, 2014 Committee of Adjustment Town of East Gwillimbury Attention: Fernando Lamanna, Secretary-Treasurer Dear Mr. Lamanna: Re: Minor Variance Application A submitted by Bhavani Enterprises Ltd. for the property known as 61 Main Street, Lot 49, Plan 403, Roll No We are in receipt of the notice dated June 5, 2014, and wish to advise the Committee of pertinent information pertaining to the property set out in the above application. The Town commenced excavation on November 11, 2008, within the road allowance in front of the Mount Albert Community Centre (53 Main Street) which is the property immediately to the West of 61 Main Street. The excavation was being carried out to facilitate a water connection to serve an outdoor skating rink. During the time of the project there became evidence of hydrocarbons in the pit and all work ceased. The Town carried out emergency measures in accordance with the Ministry of Environment to remediate the disturbed site and soil. In November 2010 the Town initiated a lawsuit against the property owner at the time, past property owners and major fuel suppliers of the property to protect its interest. This litigation matter has been progressing through the court system and is still an active file. The Town has carried out environmental testing which results which suggests the source of contamination streaming from 61 Main Street. Since the initiation of the law suit, the property has changed ownership and is currently owned by the applicant. The Town has served a Notice of Motion to the current property owner to add them as a party to the action and it is anticipated that this matter may be considered by the Courts in the next few months. The Technical Standard and Safety Authority has issued an Order against the property dated December 18, 2013 (see attached). This Order stipulates that You are hereby ordered to remove tank system from ground. and You are hereby ordered to provide TSSA with an environmental assessment report for removal of the underground tank system. This work was to be completed by May 1, The Town is not aware of the tanks being removed or the environmental testing being carried out to date. As you can understand this matter is very complex, has not been finalized and has been very time consuming. The litigation matter remains unresolved and the TSSA order remains outstanding. Our town, Our future Leslie Street, Sharon, Ontario L0G 1V0 Tel: Fax: Page 20 of 31

21 November 17, 2009 Page 2 of 2 We ask that the Committee of Adjustment consider deferring any decision until the litigation and TSSA matters have been resolved. Sincerely Don Sinclair Town Solicitor Page 21 of 31

22 Page 1 of 2 TECHNICAL STANDARDS and SAFETY AUTHORITY 14 th Floor, Centre Tower 3300 Bloor Street West Toronto, Ontario M8X 2X4 Toll free Fax (416) FS Inspection Report Service Request # Inspection Report # Inspection Address: 61 MAIN ST MOUNT ALBERT;ON CA L0G 1M0 Customer Name and Address: BHAVANI ENTERPRISES LTD. 61 MAIN ST MOUNT ALBERT;ON CA L0G 1M0 Reference Number(s): Inspection Completion Date: DEC 18, 2013 Facility Type: Equipment Type: FS Gasoline Station - Full Serve Task Type: FS-Follow up LF Inspect The facility/equipment is inspected in accordance with Ontario's Technical Standards & Safety Act and the appropriate regulations and codes. When an Inspector's order is issued, time limits for compliance reflect the severity of the violation and serve to avoid disruption of service. Orders Issued To: Jayeshkumar Patel & Bhavani Enterprises Ltd. Line Reference and Order(s) Compliance Date Liquid Fuels Handling Code Where an underground storage tank is out of service for 2 years or more, the owner of the tank system or the owner of the property on which the tank is located shall remove the tank from the ground. Tank system out of use for approx. 3 yrs. YOU ARE HEREBY ORDERED TO REMOVE TANK SYSTEM FROM GROUND. Liquid Fuels Handling Code Where an underground storage tank(s) has been removed permanently and the property no longer maintains any fuel storage equipment or tank systems, the owner or operator of the facility, the owner or operator of the storage tank systems, or the owner of the property on which the equipment is installed, as the case may be, shall: (a) submit an assessment report to TSSA that delineates the full extent of any petroleum product that has escaped into the environment or inside a building both on site and, where necessary and practical, off site; and (b) immediately notify the Ontario Ministry of the Environment in accordance with the Environmental Protection Act, as amended, and the Ontario Water Resources Act, as amended. Order issued for removal of tank system. YOU ARE HEREBY ORDERED TO PROVIDE TSSA WITH AN ENVIRONMENTAL ASSESSMENT REPORT FOR REMOVAL OF THE UNDERGROUND TANK SYSTEM. MAY 01, 2014 MAY 01, 2014 Task Notes COMPLETED A 2ND FOLLOW-UP INSPECTION AND ORDERS REMAIN OUTSTANDING. GRANTED A FURTHER EXTENSION FOR COMPLIANCE. WILL RE-INSPECT. Customer Signature & Position / Date: Inspector Name: Golby, Vince Inspector Contact Number: Report Received By: Jayeshkumar Patel & Bhavani Enterprises Ltd. Customer Contact Number: Inspector VGolby@tssa.org Inspector Fax: As a not-for-profit regulatory authority, TSSA operates on a cost recovery basis. An Invoice will be issued for the Total Charges Incurred. (Note: This is not an invoice) Page 22 of 31

23 Page 2 of 2 TECHNICAL STANDARDS and SAFETY AUTHORITY 14 th Floor, Centre Tower 3300 Bloor Street West Toronto, Ontario M8X 2X4 Toll free Fax (416) FS Inspection Report Service Request # Inspection Report # Inspection Address: 61 MAIN ST MOUNT ALBERT;ON CA L0G 1M0 Customer Name and Address: BHAVANI ENTERPRISES LTD. 61 MAIN ST MOUNT ALBERT;ON CA L0G 1M0 Reference Number(s): Inspection Completion Date: DEC 18, 2013 Facility Type: Equipment Type: FS Gasoline Station - Full Serve Task Type: FS-Follow up LF Inspect The facility/equipment is inspected in accordance with Ontario's Technical Standards & Safety Act and the appropriate regulations and codes. When an Inspector's order is issued, time limits for compliance reflect the severity of the violation and serve to avoid disruption of service. Customer Signature & Position / Date: Inspector Name: Golby, Vince Inspector Contact Number: Report Received By: Jayeshkumar Patel & Bhavani Enterprises Ltd. Customer Contact Number: Inspector VGolby@tssa.org Inspector Fax: As a not-for-profit regulatory authority, TSSA operates on a cost recovery basis. An Invoice will be issued for the Total Charges Incurred. (Note: This is not an invoice) Page 23 of 31

24 COMMITTEE OF ADJUSTMENT Fernando Lamanna, Secretary-Treasurer x3821 June 12 th, 2014 NOTICE OF HEARING Re: Minor Variance Application A submitted by the Town of East Gwillimbury for the property known as 22 Princess Street, Plan 403, Part Block C. Roll No The owners of the above noted property have submitted an application for a minor variance to request relief as follows: A sideyard setback of 3.0 metres whereas Section 35.3(e) of By-law No , as amended, requires a minimum side yard setback of 9 metres; Lot coverage maximum of 25%, whereas Section 35.3(g) of By-law No , as amended, permits maximum lot coverage of 15%; and Relief from Section 5.8 and 6.34 of By-law No , as amended, to permit the reconstruction and expansion of the fire station structure as a public use. The purpose of the Minor Variance is to rebuild a fire station as shown on Schedule 1 attached. A hearing, to receive public comments in support or in opposition to this application will be held on Wednesday, June 25 th, 2014 at 7:00 p.m., in the Council Chambers Leslie Street, Sharon. Any person who supports or opposes this application, but who is unable to attend the hearing, may make a signed, written submission which should include the reasons for support or opposition. Written submissions must be delivered to the Secretary-Treasurer prior Wednesday, June 18 th, Written submissions can also be submitted at the hearing. Please include your printed name and full mailing address in your written submission. If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed minor variance, you must make a written request to the Secretary-Treasurer, Committee of Adjustment, Leslie Street, Sharon, Ontario L0G 1V0. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If more information is required, contact the Secretary-Treasurer for the Committee of Adjustment for assistance at (905) Ext or by at flamanna@eastgwillimbury.ca. Original signed by Fernando Lamanna Secretary-Treasurer Committee of Adjustment Our town, Our future Leslie Street, Sharon, Ontario L0G 1V0 Tel: Fax: Page 24 of 31

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27 To: DEVELOPMENT SERVICES REPORT P Committee of Adjustment Date: June 25 th, 2014 Subject: Origin: RECOMMENDATIONS Minor Variance Application by the Town of East Gwillimbury 22 Princess Street (North Side of Princess Street, East of Highway 48) Part of Lot 12, Concession 8 [File: A.10.14] Development Services Department 1. THAT the Minor Variance requested by the Town of East Gwillimbury [File: A.10.14] for relief from Section 35.3(e) to permit a minimum side yard setback of 3.0 metres, whereas the by-law requires 9.0 metres; Section 35.3(g) to permit a lot coverage maximum of 25%, whereas the by-law permits 15%; and Section 5.8 and 6.34 to permit the reconstruction and expansion of the Mount Albert Fire Station as a public use, be approved. PURPOSE The purpose of this report is to provide information and make a recommendation regarding the Minor Variance application by the Town of East Gwillimbury. The proposed Minor Variance to the specific performance standards is to facilitate the proposed reconstruction and expansion of the Mount Albert Fire Station. BACKGROUND Location The subject property is located on the north side of Princess Street, east of Highway 48 in the Community of Mount Albert. The location of this property is shown on Appendix 1 of this report. DISCUSSION AND ANALYSIS Proposal The Minor Variance application proposes relief from Section 35.3(e) to permit a minimum side yard setback of 3.0 metres, whereas the by-law requires 9.0 metres; Section 35.3(g) to permit a lot coverage maximum of 25%, whereas the by-law permits 15%; and Section 5.8 and 6.34 to permit the reconstruction and expansion of the Mount Albert Fire Station as a public use. A copy of the proposed site plan submitted in support of this application is attached as Appendix 2. Page 27 of 31

28 Development Services Report Minor Variance Application By the Town of East Gwillimbury June 25, 2014 Page 2 of 5 Town of East Gwillimbury Official Plan The subject property is designated General Employment by the Town s Official Plan. Public uses, like fire stations are permitted in all land use designations. Zoning By-law The subject property is zoned Rural Oak Ridges Moraine (RU ORM) in the Town s Zoning By-law 97-50, as amended. The existing fire station was destroyed by a fire in the beginning of In order to facilitate the reconstruction and expansion of the fire station, development relief is required from some performance standards in the Town s Zoning By-law. The Minor Variance application proposes relief from Section 35.3(e) to permit a minimum side yard setback of 3.0 metres, whereas the by-law requires 9.0 metres; Section 35.3(g) to permit a lot coverage maximum of 25%, whereas the by-law permits 15%; and Section 5.8 and 6.34 to permit the reconstruction and expansion of the Mount Albert Fire Station as a public use. Comments In determining whether a variance is minor, the Committee must have regard not only to the measurement of the variance but also to the following considerations: (i) Whether the variance is minor in nature The requested relief from the various performance standards to facilitate the reconstruction and expansion of the fire station is considered minor in nature. (ii) Whether it is appropriate and desirable for the development of the lands The proposed variances would not compromise the character of the subject lands and surrounding development. (iii) Whether it maintains the general intent and purpose of the Official Plan The general intent and purpose of the Town s Official Plan is being maintained with the requested variances. (iv) Whether it maintains the general intent and purpose of the Zoning By-law Given the size, configuration and location of this property and that the adjacent lands to the east are also in Town ownership, it is staff s opinion that the relief requested to facilitate the development on this property would maintain the intent of the Zoning Bylaw. ATTACHMENTS Appendix 1 Location Map Appendix 2 Proposed Site Plan Page 28 of 31

29 Development Services Report Minor Variance Application By the Town of East Gwillimbury June 25, 2014 Page 3 of 5 Prepared and Recommended by: Original report signed by Robin Prentice, MCIP, RPP Planner Page 29 of 31

30 APPENDIX 1 General Location Development Services Report Minor Variance Application By The Town of East Gwillimbury June 25, 2014 Page 4 of 5 Page 30 of 31

31 APPENDIX 2 Proposed Site Plan Development Services Report Minor Variance Application By the Town of East Gwillimbury June 25, 2014 Page 5 of 5 PROPOSIID ~MOUNT ALBI!RTFIIU! STATION Page 31 of 31 rto.1oo.oo 0..,9.159 N12"24'05"w ~--=-= L=~~~-=::': SITE AREA. 1.5 ACRES NEW STATION BMSSTAT!ON PARXING 7530 SQFr i 165 SQ Fr ' 5 VISITORS rl FIRilFIGm'llRS 2PARAMKDICS I,) 0 {1.,. /«_,~"l"-~ -~ '"'"'""f I I I I "' I \ i