COMMITTEE OF ADJUSTMENT AGENDA

Transcription

1 ISSISSAUGA ' 2 Location: COUNCIL CHAMBER Hearing: May 7, 2015 AT 1 :30 P.M. COMMITTEE OF ADJUSTMENT AGENDA 1. CALL TO ORDER 2. DISCLOSURES OF DIRECT OR INDIRECT PECUNIARY INTEREST 3. REQUESTS FOR WITHDRAWAL/DEFERRAL File Name of Applicant Location of Land Ward Disposition NEW APPLICATIONS - (MINOR VARIANCE) A-222/15 EMBEE PROPERTIES LIMITED 620 BLOOR ST 4 Approved A-223/ ONTARIO LTD & SHL 6991 MILLCREEK DR 9 Withdrawn HOLDINGS LTD A-224/15 EJSOUNDINVESTMENTINC 1063 DUNDAS STW 6 Approved A-225/ BC LTD 1611 BRITANNIA RD E 5 Approved A-226/15 DARSHAN JAIN 1435 INDIAN GROVE 2 Refused A-227/15 MIKE FEDORUK 2791 RAINBOW GRES 8 Approved A-228/15 PIOTR & MONIKA KAMYCKI 2171 HILLFIELD CRT 7 June 11 A-229/15 THE HAMTOR GROUP- AERO 2798 THAMESGATE DR 5 Approved DEFERRED APPLICATIONS - (MINOR VARIANCE) A-348/14 CITY OF MISSISSAUGA 0 SHAWANAGA TR 8 JunelB A-349/15 NORA MICHELL 2275 SHAWANAGA TR 8 Junel8 A-012/15 ST. MARY ANTIOCHIAN ORTHODOX 280 TRADERS BLVD. E. 5 May 21 CHURCH A-059/ ONTARIO LIMITED 3440 WOLFEDALE RD 6 Approved A-138/15 JAMIA IS LAMIA CANADA LTD 2380 TEDLO ST 7 Refused A-165/15 TOMO & MARIJA FLANJAK 15 SHADY LAWN CRT 11 Withdrawn A-182/15 CAMILLE & DAMIAN LEIBECK 990 INDIAN RD 2 Approved C:\Users\malhalo\Desklop\Disposllion\Disp BA130.doc: 2015/05/0B; 10:03:06 AM Page: 1 of 1

2 MISSISsauGa File: "A" 222/15 WARD4 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW as amended - and - IN THE MATTER OF AN APPLICATION BY EMBEE PROPERTIES LIMITED on Thursday May 7, 2015 Embee Properties Limited is the owner of Block B, Registered Plan 922, located and known as Bloor Street, zoned Cl-4, Commercial. The applicant requests the Committee to authorize a minor variance to continue to permit the operation of an outdoor patio accessory to the restaurant known as "Fred's Bar and Grill" as previously approved pursuant to Committee of Adjustment Decision File "A" 410/09; whereas By-law , as amended, makes no provisions for an outdoor patio use on site in this instance. Mr. M. Gray, authorized agent, attended and presented the application to permit the operation of an outdoor patio accessory to the existing restaurant on the subject property. Mr. Gray advised the Committee that a patio already exists and that the approval for the patio was previously approved by the Committee in 2009 for a 5 year period. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (April 29, 2015): "1.0 RECOMMENDATION The Planning and Building Department has no objection to the requested variance, as amended. 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: Mississauga Valleys Convenience Commercial Zoning By-law Zoning: "Cl - 4", Convenience Commercial 3.0 OTHER APPLICATIONS N/A 4.0 COMMENTS We note that the Committee previously approved similar variance requests for the restaurant under files 'A' 410/09 and 'A' 256/06. The most recent temporary approval expired on December 31, We are not aware of any neighbourhood concerns raised in regards to the previous temporary variance during the 5 year approval period. Given that the request is for a continuation of previous approvals, and there has not been a significant change in operation, Page 1 of 3

3 Fiie: "A" 222/15 WARD4 we have no concerns with the requested variance if amended to include the same conditions as ap_pllcatlon 'A' 4~0/09, as follows: - - L "1. This decision Is personal to " Ontario Limited" carrying on business as "Fred's Bar and Grlll" and shall be In effect so long as the subje.ct premises are leased and/or occupied by same; 2: There shall be no music, live or otherwise,.or speakers permitted in the patio area; The outdo.or patio shall close at 11:00 p.m. on Sundays to Thursdays and 12:00 a.in. (midnight) on Fridays and Saturdays; 4: The outdoor patio shall only operate from April 1st to November 1st; 5. The maximum number of patrons permitted on the patio shall be limited to 60 persons; and 6. The outdoor Patio _shall continue to operate In accordance with plans reviewed and appr?ved by C?mm!ttee." The City of Mississauga Transportation and Works Department commented as follows (May 1, 2015): "This.department W?Uld have no objection to the applicant's request provided that similar conditions of approval that were imposed -on the previous request, 'A' 410/09 also be imposed on this request." No other persons expressed any Interest in the application. The Committee after considering the submissions put forward by' Mr. Gray and having reviewed the plans and comments received, Is satisfied that the request Is _desirable for the appropriate continued ancillary use on the subject property. The Committee fs satisfied that the general Intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the amended requested variance Is minor in nature In this Instance. Accordingly, the Committee resolves to authorize and grant the request as presented, subject to the following conditions: ~ 1. This decision is personal to " Ontario Inc." carrying on business as "Fred's Bar and. Grill" and shall be in effect so long as the subject premises are leased and/or occupied by_ the same; 2. There shall be no music, live or otherwise or speakers permitted In the patio area; 3. The outdoor patio shall close at 11:00 p.m. on Sundays to Thursdays and 12:00 a.m. (midnight) on Fridays and Saturdays; 4. The outdoor patio shal! only operate from April 1st to November 1st; 5. The maximum number of patrons permitted on the patio shall be limfted to 60 persons; and 6. The outdoor Patio shall continue to operate In accordance with plans reviewed and approved by Committee. Page 2 of 3.

4 ~ MISSISsauGa MOVED BY: D. George SECONDED BY: P. Quinn File: "A" 222/15 WARD4 CARRIED Application Approved on conditions as stated Dated at the City of Mississauga on May 14, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE JUNE 3, Date of mailing is May 15, S.PA~--- J. ROBINSON (CHAIR) D.KENNEDY J. PAGE f.t.~ P. QUINN ~,/ ~ I certify this to be a true copy of the Committee's decision given on May 14, A copy of Section 45 of the Planning Act, as amended, is attached. DAVID L. MARTIN, SECRETARY-TREASURER NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 3 of 3

5 File: "A" 224/15 WARD6 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW as amended - and - IN THE MATTER OF AN APPLICATION BY EJ SOUND lnvestments INC on Thursday May 7, 2015 EJ Sound Investments Inc is the owner of Part of Lots 1 and 2, Registered Plan 364, located and known as 1063 Dundas Street West, zoned Cl, Commercial. The applicant requests the Committee to authorize a minor variance to permit the establishment of a restaurant use within the subject building proposing: 1. 6 parking spaces on site; whereas By-law , as amended, requires a total of 15 parking spaces for the restaurant use in this instance, 2. to be within 60.00m (196.85ft.) (approximately +/- 22.0m) of a residential zone; whereas By-law , as amended, requires a minimum separation distance of 60.00m (196.85ft.) from a restaurant to the lot line of a residential zone in this instance, 3. parking spaces having a width of 2.40m (7.87ft.); whereas By-law , as amended, requires parking spaces having a minimum width of 2.60m (8.53ft.) in this instance; and, 4. no parking spaces for persons with disabilities; whereas By-law , as amended, requires T parking space for persons with disabilities in this instance. Ms. D. Ing, authorized agent, attended and presented the application to permit the establishment of a restaurant, with adjustments to parking requirements on the subject property. Ms. Ing advised the Committee that the reduction in parking spaces from the requirement for the restaurant is appropriate as there is an adequate amount of parking within the retail plaza to accommodate the demand generated from the subject establishment. Among those parking spaces, the applicant requested that accessible parking not be required for the establishment. Ms. Ing expressed to the Committee that adequate accessible parking spaces exist in close proximity to the subject establishment and that accessible parking on the subject property is more than accommodated for. Mr. A. Arnault, the proposed restaurant operator, attended and advised that the proposed restaurant operation will have up to 20 seats and feature Philippine cuisine. The Committee stated that they have concern with the parking standards and how the reduction will affect the overall parking for the retail plaza and adjacent neighbourhood. The Committee however deliberated that a parking study would not be appropriate in this situation as the reduction in parking would have a minor impact on retail plaza's overall parking. The Committee stated that the subject property is an established plaza and is a walkable distance from the surrounding neighbourhood. The Committee reviewed the information and plans submitted with the application. Page 1of4

6 ~ File: "A" 22.4/15. WARD6 The City of Mississauga Planning and Building Department commented as follows (April 29, 2015): "1.0 RECOMMENDATION The Planning and Building Department recommends that the application be deferred for the applicant to submit the requested parking utilization study. 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: Erindale Neighbourhood Convenience Commercial Zoning By-law Zoning: "Cl", Convenience Commercial 3.0 OTHER APPLICATIONS 1Z! Certificate of Occupancy File: COMMENTS We note that through a review of the Certificate of Occupancy application more information is required to ensure that all variances are accurately represented and that r:io additional variances are required. Additionally the zoning department is waiting to re.ceive updated drawings for the Certificate of Occupancy application to verify some differences between their drawings and the ones included in this variance application. We advise that a Parking Utilization Study that satisfactorily justifies the requested reduction in parking is requested. Until we are in receipt of this information, we cannot determine the appropriateness of the requested variance. As a component of the Parking Utilization Study, the applicant should consider assessing the parking situation taking into account all properties within the plaza. With regards to variance #2, the location of a restaurant within 60m of a residential zone, the Planning and Building department has no objection. Adjacent properties within.the commercial plaza already contain a restaurant and a bakery with all businesses facing onto the major roadway away from adjacent residential zones. The Residential Zone to the rear of the property is an apartment use which is set back a significant distance from the property line which helps to increase the separation of the restaurant use. Given the information above, we recommend that the Committee defer the application in order to give the applicant time to provide a Parking Utilization Study and provide updated information to the Zoning department." A letter was received V. Li, Asset manager for Pizza Pizza Limited, representing a Pizza Pizza located at 1093 Dundas Street West. Mr. Li expressed his opposition. of the proposed application on the subject property as the reduction in parking will cause an overflow or excess parking demand on nearby parking lots. He also stated that an increase in traffic is forecasted as the addition of an additional restaurant in the neighbourhood is expected. No other persons expressed any interest in the application. Page 2 of4

7 File: "A" 224/15 WARD6 The Committee after considering the submissions put forward by Ms. Ing, Mr. Arnault having reviewed the plans and comments received, is satisfied that the request is desfrable for the appropriate continued use for the subject property. The Committee is satisfied that the ge neral intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested variances are minor in nature in this instance. Page 3 of 4

8 File: "A" 224/15 WARD6 Accordingly, the Committee resolves to authorize and grant the request for a temporary period of five (5) years and is to expire or terminate on or before May 31, 2020, and is subject to the following condition: 1. The restaurant operation shall serve Philippine cuisine. MOVED BY: D. Patrizio SECONDED BY: D. Reynolds CARRIED Application Approved, on condition as stated. Dated at the City of Mississauga on May 14, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE JUNE 3, Date of mailing is May 15, S.PAT:#;,_/ D.GEORG~, J. ROBINSON (CHAIR) - J. PAGE JP \../ P. QUINN I certify this to be a true copy of the Committee's decision given on May 14, DAVID L. MARTIN, SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 4 of 4

9 MISSISSauGa File: "A" 225/15 WARDS COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW as amended - and - IN THE MATTER OF AN APPLICATION BY BC LTD on Thursday May 7, BC Ltd Inc is the owner of Part of Lot 6, Concession 4, EHS, located and known as 1611 Britannia Road East, zoned E3, Employment. The applicant requests the Committee to authorize a minor variance to permit the establishment of a natural gas fueling station on the subject property proposing: 1. an interior side yard of l.50m (4.92ft.) to the time fill posts; whereas By-law , as amended, requires a minimum side yard of 7.SOm (24.60ft.) in this instance; and, 2. the southernmost building on site to be utilized for maintainence and repair of commercial vehicles associated with the business operation; whereas By-law , as amended, makes no provisions for such a use on the subject property in this instance. Mr. F. Nelson, authorized agent, attended and presented the application to permit the establishment of a natural gas fueling station on the subject property. Mr. Nelson presented existing and proposed site conditions, what the facility will be used for and how the facility yvill operate on the subject property. He advised that the facility is simply a refueling station and no dumping of recyclables will take place on site. Mr. Nelson also explained why the applicant is requesting a reduction in the interior side yard, stating that it is necessary for the maneuvering of the trucks and for the operation of the facility. Mr. Nelson clarified that the applicant will meet all required TSSA Fuel Safety Program standards and an application for licensing; conforming to TSSA regulations, codes and standards is underway. The Committee had concern with whether the natural gas was to be stored on site or if transferred via pipeline. Mr. Nelson clarified that no natural gas would be stored on site and would be brought in to the site via a pipeline to the compressor compound. The Committee reviewed the information and plans submitted with the application. <'. The City of Mississaug(), Planning and Building Department commented as follows (May 5, 2015): "1.0 RECOMMENDATION The Planning and Building Department has no objection to the requested variance. However, the applicant may wish to defer the application in order to ensure that all required variances have been accurately identified. Page 1of3

10 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: M Northeast Employment Area Industrial File: "A" 225/15 WARDS Zoning By-law Zoning: "E3", Industrial 3.0 OTHER APPLICATIONS 1Z! Certificate of Occupancy File: C 15/ COMMENTS The Planning and Building Department is currently processing a Certificate of Occupancy application for the subject property. Based on the review of the Certificate of Occupancy application we advise that more information is required to verify the accuracy of the variances. As a result the applicant may wish to defer their application. The intent of the side yard setbacks are to provide adequate buffering from adajcent properties, in particular if they are more sensitive land uses. Only the fueling posts are located within the requried side yard setback; all other structrues proposed meet the requirements of the by-law. The adjacent property is also on a large sized lot and is industrial in use and nature. It is the opinion of Planning and Building staff that, in this case, the proposed variances should not impact adjacent properties and generally meets the intent of separation from adjacent uses. " The City of Mississauga Transportation and Works Department commented as follows (May 1, 2015): "Based on the information submitted with this application, in particular the March 27, 2015 Letter from Emterra Environmental we are advising that we have no objections to the applicant's request to permit the establishment of a natural gas fueling station on the subject property. We are also noting for information purposes that for this particular operation they will have to follow TSSA's Fuels Safety Program which regulates.the transportation, storage, handling and use of fuels as to ensure conformance to the Technical Standards and Safety Act, 2000, and applicable regulations, codes and standards. These fuels include natural gas, propane, butane, hydrogen, digester gas, landfill gas, fuel oil, gasoline, and diesel. TSSA licenses fuel facilities, registers contractors and certifies tradespersons who install and service equipment." The Region of Peel, Environment, Transportation and Planning Services, commented as follows (May 4, 2015): "Any changes to the underground water or sanitary sewer will require review by the Region of Peel. Site servicing approvals will be required before a building permit is issued." Mr. J. Mansoor, property manager of 1585 Britannia Road East, attended and expressed his concerns with the proposed site plan, environmental issues, size of proposed development and the types of trucks that will be refueling on the subject property. Mr. Nelson responded advising that the trucks will only be stored at this location and refueled nightly and all blue bin recycling materials will not be entering the site. He advised that the trucks leave the site empty and return empty daily. No other persons expressed any interest in the application. Mr. Nelson, after hearing city staff's and the Committee's comments, requested to proceed with the request before the Committee. Page 2 of 3

11 File: "A" 225/15 MISSISSauGa WARDS The Committee after considering the submissions put forward by Mr. Nelson having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property. The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance, The Committee Is of the opinion that the requested variance is minor in nature in this instance. Accordingly, the Committee resolves to authorize and grant the request as presented. MOVED BY: P. Quinn SECONDED BY: J.Page CARRIED Application Approved. Dated at the City of Mississauga on May 14, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE JUNE 3, Date of mailing is May 15, Jll?A. J. ROBINSON (CHAIR) J.P~/ - D. KENNEDY ~ P. QUINN I certify this to be a true copy of the Committee's decision given on May 14, DAVID L. MARTIN, SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 3 of 3

12 File: "A" 226/15 WARD2 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW as amended - and - IN THE 'MATTER OF AN APPLICATION BY DARSHAIN JAIN on Thursday May 7, 2015 Darshain Jain, is the owner of Part of Lots 13 and 14, Registered Plan B-17, located and known as 1435 Indian Grove, zoned R2-4 Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of a two storey detached dwelling on the subject property proposing: 1. a dwelling depth of 36.41m (119.45ft.); whereas By-law , as amended, permits a maximum dwelling depth of 20.00m (65.6lft.) in this instance, 2. a garage projection of 15.60m (51.18ft.); whereas By-law , as amended, does not permit a garage projection in this instance, 3. a dwelling height of 9.68m (31.75ft.); whereas By-law , as amended, permits a maximum dwelling height of 7.50m (24.60ft.) to a flat roof in this instance; and, 4. a height to the underside of eaves of 8.15m (26.73ft.); whereas By-law , as amended, permits a maximum height to the underside of eaves of 6.40m (20.99ft.) in this instance. Mr. D. Jain, authorized agent, attended and presented the application to permit the construction of a two storey detached dwelling on the subject property. Mr. Jain advised the Committee that although the proposed development is a departure from the Zoning By-law, the proposal is appropriate for the neighbourhood as a whole. He stated that the proposal represents modern and 'warm' architecture. Mr. Hain presented the Committee with a succinct justification to the appropriateness of the proposal, referencing adjacent properties that are developed similarly to the subject proposal. Mr. Jain also presented the Committee with ten (10) letters from neighbours who are in support of the application. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (May 1, 2015): "1.0 RECOMMENDATION The Planning and Building Department recommends that the application be refused. 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: Clarkson-Lorne Park Neighbourhood Residential Low Density I Discussion: Page 1of5

13 File: "A" 226/15 WARD2 The Clarkson Lorne-Park Neighbourhood is a stable and established residential area that has evolved into a unique area characterized by low density housing on large, spacious and often heavily treed lots. Specific Infill Housing Policies exist for the Clarkson Lorne-Park Neighbourhood under Section of Mississauga Official Plan, which state that for the development of all detached dwellings on lands identified in the Site Plan Control By-law, the following provisions, among others, will apply: c. encourage new housing to fit the scale and character of the surrounding area, and take advantage of the features of a particular site, i.e. topography, contours, mature vegetation; d. garages should be recessed or located behind the main face of the house. Alternatively, garages should be located in the rear of the property; e. ensure that new development has minimal impact on its adjacent neighbours with respect to overshadowing and overlook; f. encourage buildings to be one to two storeys in height. The design of the building should de-emphasize the height of the house and be designed as a composition of small architectural elements, i.e. projecting dormers and bay windows. j. the building mass, side yards and rear yards should respect and relate to those of adjacent lots. In this instance, the current proposal has not been designed to fit the scale and character of the surrounding homes. The cumulative impacts of the dwelling depth, garage projection and dwelling height have a negative massing impact to the streetscape and adjacent neighbours, in particular the westerly neighbour at 1439 Indian Grove. Therefore, the requested variances do not maintain the general intent and purpose of the Official Plan. Zoning By-law Zoning: Discussion: "R2-4", Residential The intent of the Zoning By-law regarding restrictions on dwelling depth, height and garage projection is to ensure that any new development does not have a negative impact to the streetscape and adjacent neighbours. In review of the elevation drawings submitted with the minor variance application, it is our opinion that that the requested dwelling depth and height have a negative massing impact, Which is exacerbated by the garage projection. Therefore, the requested variances do not maintain the general intent and purpose of the Zoning By-law. 3.0 OTHER APPLICATIONS IZI Site Plan File: SPI 15-2 W2 - Unsatisfactory 4.0 COMMENTS Based on a review of the Site Plan application, we advise that more information is required to verify the accuracy of the requested variance and to determine whether additional variances will be required. The applicant has indicated in their application a number of properties in the immediate vicinity that have either projecting garages or long dwelling depths. However, we note that all of the properties identified were previously zoned 'R2-2061' in By-law 5500, and the previous zoning of the properties did not include provisions restricting projecting garages or a maximum dwelling depth. All of the dwellings were constructed without requiring variances for projecting garages, height, or dwelling depth. This Department has concerns with the requested variances as the proposal has not been designed to fit the scale and character of the area. Clarkson-Lorne Park is a stable residential neighbourhood with specific Official Plan policies and zoning regulations to protect" the character of the neighbourhood. Page 2 of 5

14 File: "A" 226/15 MISSISsauGa WARD2 Based on the preceding information, the requested variances do not maintain the general intent and purpose of the Official Plan or the Zoning By-law. They are not minor in nature, nor are they desirable for the appropriate development of the property. " The City of Mississauga Transportation and Works Department commented as follows (May 1, 2015): "We note for Committee's information that the City is currently processing a Site Plan Application for this property, Reference SP 15/002. Transportation and Works Department concerns/requirements for this property will be addressed through the Site Plan Process." The Region of Peel, Environment, Transportation and Planning Services, commented as follows (May 4, 2015): "Please be advised that service connection sizes shall be in compliance with Ontario Building Code and Region of Peel Design Criteria. An upgrade of your existing service may be required. This property is in the vicinity of a private landfill site with Ministry of Environment (M.O.E.) # A It is an inactive landfill. There are two locations on the northwest corner of Mississauga Rd. and Lakeshore Blvd. It has been cleaned to M.O.E. standards. No further information is available." A memorandum was received from Ward 2 Councillor Karen Ras expressing concerns around aspects of the proposal, especially as it relates to the negative massing impacts and dwelling heights of the subject application. She recommended the Committee refused the application. A letter was received from P. & J. Clark, residents of 1429 Indian Grove, stating their support to the requested variances. A letter was received from F. Alkufaishi, a resident of 1410 Indian Grove, stating his support to the requested variances. A letter was received from G. & E. Dobupoit, residents of 1402 Indian Grove, stating their support to the requested variances. A letter was received from J. Clark, a resident of 1429 Indian Grove, stating his support to the requested variances. A letter was received from E. G. Cooke, a resident of 1444 Wateska Boulevard, stating his support to the requested variances. A letter was received from F. & R. Todorovic, residents of 1407 Indian Grove, stating their support to the requested variances. A letter was received from R. Yonadam, a resident of 1463 Indian Grove, stating his support to the requested variances. A letter was received from D. Viseutin, a resident of 1463 Indian Grove, stating his support to the requested variances. A letter was received from B. Chesire, Secretary-Treasurer of the Mississauga-Kane Roads Ratepayer Association, expressing an objection to the requested variances on behalf of the organization. A letter was received from L. Kuysten, President of the Mississauga-Kane Roads Ratepayer Association, expressing an objection to the requested variances on behalf of the organization. Page 3 of 5

15 File: "A" 226/15 WARD2 A letter was received from A. & S. Seth, residents of 1439 Indian Grove, stating their objection to the requested variances. A letter was received from L. Kuysten, resident of 1514 Indian Grove, stating his objection to the requested variances. A letter was received from G. Dobrogot, resident of 1402 Indian Grove, stating his objeetion to the requested variances. A letter was received from H. Goeckel, resident of 1396 Indian Grove, stating his objection to the requested variances. A letter was received from F. Widner, resident of 1381 Indian Grove, stating her objection to the requested variances. A letter was received from V. Ball, resident of 1378 Indian Grove, stating her objection to the requested variances. Dr. A. & S. Seth, property owners at 1439 Indian Grove, attended and expressed their concerns with the subject application's dwelling depth, stating that it is too large for the neighbourhood and has a negative impact on his property. They also stated that they have concern with the removal of the trees on the subject property as it will have a negative impact on their property, both environmentally and financially. Mr. L. Kuysten, a resident at 1514 Indian Grove, attended and expressed his concerns with the subject application's massing of the proposed dwelling, the precedent it is continuing to set on the surrounding neighbourhood and the effect it will have on the abutting street. Mr. Jain summarized his application to the Committee stating that the proposed development would enhance the neighbourhood's design and overall appeal as well stated that, the property contains extensive canopy that will be maintained and that adjacent properties would not be affected. No other persons expressed any interest in the application. The Committee after considering the submissions put forward by Mr. Jain and having reviewed the plans and comments received, is not satisfied that the request is desirable for the appropriate use of the subject property. The Committee advised that the proposed dwelling design creates an overwhelming dwelling length and massing to the adjacent property at 1439 Indian Grove. They advised that the requested relief is significant and does not meet the intent of the current Zoning By-law requirements or Official Plan policies. The combination of the relief for dwelling depth, garage projection and dwelling height create a built form that is.not in character with the street and is not desirable in this instance. The Committee noted that a better building design could be undertaken to provide more articulation to the structure and reduce the impacts on the adjacent properties. The Committee is not satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested variances are not minor in nature in this instance. Page 4 of 5

16 File: "A" 226/15 WARD2 Accordingly, the Committee resolves to deny the request as presented. MOVED BY: D.Kennedy SECONDED BY: J.Page CARRIED Application Refused. Dated at the City of Mississauga on May 14, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE JUNE 3, Date of mailing is May 15, D: GEORGE J. ROBINSON (CHAIR) D. KENNEDY P. QUINN I certify this to be a true copy of the Committee's decision given on May 14, A copy of Section 45 of the Planning Act, as amended, is attached. DAVID L. MARTIN, SECRETARY-TREASURER NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 5 of 5

17 MISSISSauGa File: "A" 227/15 WARDS COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW as amended - and - IN THE MATTER OF AN APPLICATION BY MIKE FEDORUK on Thursday May 7, 2015 Mike Fedoruk is the owner of Lot 22, Registered Plan M-995, located and known as 2791 Rainbow Crescent, zoned R30-30, Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of an inground pool in the rear yard of the subject property proposing a rear yard setback of 3.53m (ll.58ft.) to lands zoned Gl, Greenbelt; whereas By-law , as amended, require a minimum setback of 5.00m (16.40ft.) to lands zoned Gl, Greenbelt in this instance. Mr. M. Fedoruk, the property owner, attended and presented the application to permit the construction of an underground pool in the rear yard of the subject property. Mr. Fedoruk presented existing and proposed site conditions and the details of the in-ground pool. Mr. Fedoruk advised the Committee that many of his surrounding neighbours have similar existing in-ground pools. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (May 1, 2015): "1.0 RECOMMENDATION The Planning and Building Department has no objection to the requested variance. 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: Erin Mills Neighbourhood Residential Low Density I Zoning By-law Zoning: "R3-30", Residential 3.0 OTHER APPLICATIONS No ot~er applications currently in process. 4.0 COMMENTS We note that several of the neighbouring properties on Rainbow Crescent backing onto the Greenbelt have rear yard swimming pools. Further, we note that based on the site plan provided with the minor variance application, the proposed inground swimming pool has been designed and located to be 6 m (19.69 ft.) from the top of bank as located by the Credit Valley Conservation Authority. The 3.53 m (11.58 ft.) setback to Greenbelt represents the Page 1of4

18 File: "A" 227 /15 MISSISSauGa WARDS shortest distance from the pool to the Greenbelt zone and certain portions of the pool appear to meet the necessary setback. Based on the preceding information, we have no objection to the requested variance." The City of Mississauga Transportation and Works Department commented as follows (May 1, 2015): "This department has no objections to the applicant's request to permit the construction of an in ground pool in the rear yard." The City of Mississauga Community Services Department, Park Planning Section commented as follows (May 5, 2015): "The Park Planning Section of the Community Services Department has reviewed the above noted Minor Variance application and note the following: City of Mississauga Forestry staff have identified a Sugar Maple Tree immediately adjacent to the applicants rear yard in a City owned natural area. The tree is in good condition, and has an appraised value of $3, Should the application be approved, this Department requires the following: 1. Securities for the above noted Sugar Maple Tree, in the amount of $3, submitted to the attention of Wayne Holder, Supervisor Tree Preservation and Protection, at the City of Mississauga Forestry Section's office (950 Burnhamthorpe Road West). 2. Tree hoarding installed in accordance with City standards, and to the satisfaction of City of Mississauga Forestry Staff. Please call Wayne Holder, Supervisor, Tree Preservation and Protection, at x5481 to arrange for a hoarding inspection. An ISA Certified Arborist shall be present during pool excavation to ensure that minimal damage to the trees root system takes place." The Region of Peel, Environment, Transportation and Planning Services, commented as follows (May 4, 2015): "Please note the Region relies on the environmental expertise of the Credit Valley Conservation (CVC) staff for the review of development applications located within, or adjacent to the Greenlands Systems in Peel and their potential impacts on the natural environment. The Region recommends that the City of Mississauga consider comments from the eve and incorporate any of their conditions of approval appropriately. Please be advised that service connection sizes shall be in compliance with Ontario Building Code and Region of Peel Design Criteria. An upgrade of your existing service may be required." Credit Valley Conservation commented as follows (May 5, 2015): "Credit Valley Conservation (CVC) has had the opportunity to review the above-noted application and the following comments are provided for your consideration: The subject property is adjacent to the Sawmill Creek valley corridor and its associated slope and flood hazard. It is the policy of CVC and the Province of Ontario to conserve and protect the significant physical, hydrological and biological features associated with the functions of the above noted characteristics and to recommend that no development be permitted which would adversely affect the natural features or ecological functions of these areas. Page 2 of4

19 File: "A" 227/15 WARDS As you may be aware, the adjacent valley corridor is designated by the City of Mississauga's Natural Heritage System as a Significant Natural Site (EM14) and the Region of Peel's Core Greenlands. This property is subject to the Development, Interference with Wetlands, and Alterations to Shorelines & Watercourses Regulation (Ontario Regulation 160/06). This regulation prohibits altering a watercourse, wetland or shoreline and prohibits development in areas adjacent to the Lake Ontario shoreline, river and stream valleys, hazardous lands and wetlands, without the prior written approval of Credit Valley Conservation (CVC) (i.e. the issuance of a permit). The applicant requests the Committee to authorize a minor variance to permit the construction of an inground pool in the rear yard of the subject property proposing a rear yard setback of 3.53m (11.58 ft.) to lands zoned Gl- Greenbelt; whereas By-law , as amended, requires a minimum setback of 5.00m (16.40 ft.) to lands zoned Gl, Greenbelt in this instance. Through previous site visits and pre-consultation, CVC staff have confirmed the location of the top of bank of the valley slope on the adjacent property. The proposed pool is to be located at a minimum of 6 meters from the top of bank associated with Sawmill Creek to act as a buffer from the valley system to the proposed development. On this basis, CVC has no objection to the approval of the application by the Committee at this time. The applicant is to note that the pool drainage is to be directed towards the front of the property and not towards the adjacent valley system. Be advised, a CVC permit is required for the proposed development." A letter was received from T. Creighton, a resident of 2785 Rainbow Crescent, stating his support to the requested variances. A letter was received from A. & K. Granic, a resident of 2797 Rainbow Crescent, stating their support to the requested variances. No other persons expressed any interest in the application. The Committee after considering the submissions put forward by Mr. Fedoruk having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property. The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested variances are minor in nature in this instance. Page 3 of 4

20 File: "A" 227 /15 WARD8 Accordingly, the Committee resolves to authorize and grant the request, as presented. MOVED BY; S. Patrizio SECONDED BY: D. Reynolds CARRIED Application Approved. Dated at the City of Mississauga on May 14, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO' MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE JUNE3, Date of mailing is May 15, S.PATR~ J)BJ J. ROBINSON (CHAIR) J.P:J%/ D. GEORGE ABSENT P. QUINN I certify this to be a true copy of the Committee's decision given on May 14, A copy of Section 45 of the Planning Act, as amended, is attached. DAVID L. MARTIN, SECRETARY-TREASURER NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 4 of 4

21 File: "A" 229/15 WARDS COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW as amended - and - IN THE MATTER OF AN APPLICATION BY THE HAMTOR GROUP-AERO on Thursday May 7, 2015 The Hamtor Group-Aero is the owner of Part of Block A, Registered Plan 841, located and known as 2798 Thamesgate Drive, zoned E2-38, Employment. The applicant requests the Committee to authorize a minor variance to permit the establishment of an agricultural use (growing of lettuce, kale, herbs and organic fish, etc.) with Unit #7 of the subject development; whereas By-law , as amended, makes no provision for an agricultural use on the subject property in this instance. Mr. P. Alvarez & Mr. C. Petten, the authorized agents, attended and presented the application to permit the establishment of an agricultural use within Unit #7 of the subject property. The agents presented the details of the proposed business on the subject property. They noted that the operation is a closed system and little waste is produced and water is continually recycled. The business operation produces high quality greens and herbs for local GT A restaurants and any surplus product is provided to area food banks and the compost from the fish is provided to a partner agency, Ecosource, which utilizes the compost for local community gardens. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (May 5, 2015): "1.0 RECOMMENDATION The Planning and Building Department has no objection to the requested variance, subjectto the conditions outlined below. 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: Northeast Employment Area Business Employment Zoning By-Jaw Zoning: "E2-38", Employment 3.0 OTHER APPLICATIONS [Z] Certificate of Occ4pancy File: 15/ COMMENTS Page 1of4

22 File: "A" 229/15 WARDS We note that based on a review of the Certificate of Occupancy application, the requested variances are correct. The application proposes the establishment of an indoor aquaponics facility. Aquaponics is a food production system that combines aquaculture with hydroponics in a symbiotic environment. Section 7.7 of Mississauga's Official Plan recognizes the importance of food production to sustain the population. This Section states, "Mississauga supports a variety of urban agriculture practices that allow its residents access to freshly grown local produce, supports the surrounding agricultural community, enhances food security, reduces the energy cost associated with transporting food great distances and achieves a more sustainable community". While specific policies support urban gardening, community gardening, and the creation of rooftop gardens, the general intent of these policies is to support practices that provide options to source sustainable local food products. The subject lands are designated "Business Employment", which permits manufacturing undertakings among other land uses. Aquaponics is distinguished from a typical agricultural practice in that it does not require similar soil and/or land requirements, and is generally a mechanical underti;iking, albeit one based in a natural process. In comparison with other uses permitted under the designation and the "E2-38" (Employment) zoning, the proposed land use is similar to those permitted, and within the intent of providing lands for commercialization and business development purposes. The proposed use will occur within an enclosed building and outdoor storage is not permitted. The operation does not utilize an excessive amount of water, and is not anticipated to impact services. Transportation associated with the facility is expected to be similar to other permitted manufacturing and distribution operations. The proposed Variance as currently expressed would allow for a range of agricultural practices. Given that some practices may require additional consideration with respect to potential impact, we recommend that the Variance be amended as follows: "1. The scope be limited to hydroponic and aquaponic undertakings by Aqua Greens." The City of Mississauga Transportation and Works Department commented as follows (May 1, 2015): "This department has no objection to the applicant's request." A letter was received from Ward 5 Councillor Carolyn Parrish expressing support for the subject application. A letter was received from A. Potts, MPP for Beaches-East York, stating his support of the requested variances. A letter was received from B. Hoskins, a representative of Kinvest Group, stating his organization's support for the requested variances. A letter was received from J. Singh, MPP for Bramalea-Gore-Makon, stating his support for the requested variances. A letter was received from Mr. M. Oppedisano, Fire Prevention Officer, City of Mississauga, Fire and Emergency Services, noting that fire inspection requirements have been met. No other persons expressed any interest in the application. Page 2 of 4

23 MISSISSauGa File: "A" 229/15 WARDS The Committee, after considering the submissions put forward by Mr. P. Alvarez & Mr. C. Petten having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate use of the subject property. The Committee noted that the proposed operation is properly located in an employment area and the nature of the operation has no impact on any adjacent land uses. The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. The Committee is of the opinion that the requested variance is minor in nature in this instance. Page 3 of 4

24 File: "A" 229/15 WARDS Accordingly, the Committee resolves to authorize and grant the request as presented, subject to the following condition: 1. The scope business operation shall be limited to hydroponic and aquaponic undertakings by "Aqua Greens''. MOVED BY: S. Patrizio SECONDED BY: J.Page CARRIED Application Approved, on condition, as stated. Dated at the City of Mississauga on May 14, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE JUNE3, Date of mailing is May 15, ~ S. PATR0{) D. GEORGE ABSENT J. ROBINSON (CHAIR) ~~- D. KENNEDY.~ P. QUINN I certify this to be a true copy of the Committee's decision given on May 14, A copy of Section 45 of the Planning Act, as amended, is attached. DAVID L. MARTIN, SECRETARY-TREASURER NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a Licel")se, etc. Page 4 of 4

25 MISSISSauGa. File: "A" 059/15 WARD6 COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF ZONING BY-LAW as amended - and - IN THE MATTER OF AN APPLICATION BY ONTARIO LIMITED on Thursday May 7, Ontario Limited is the owner of Part of Block D, Registered Plan M-963, located and known as 3340 Wolfedale Road, zoned E2-16, Employment. The applicant requests the Committee to authorize a minor variance to permit the operation of a Waste Processing Facility on the subject proposing: 1. outdoor storage within the front yard of the subject property; whereas By-law , as 'amended, does not permit Outdoor Storage within the front yard of the subject property and does not permit Outdoor Storage to be located closer to any street line than any portion of a building, structure or part thereof in this instance; 2. to be located approximately m ( ft.) to a Residential Zone; whereas Bylaw , as amended, requires a minimum separation distance of m (2, ft.) between a Waste Processing Facility and a Residential Zone in this instance; and, 3. a total of 132 parking spaces provided on site; whereas By-law , as amended, requires a minimum of 140 parking spaces on site. On February 12, 2015, Mr. N. Dell, representative of the authorized agent, attended and requested a deferral of the subject application. Mr. Dell advised the Committee that additional time was required for a meeting with the City's Fire and Emergency Services Division and the Ward Councillor. He noted that a deferral would also allow an opportunity to respond to the concerns indicated by the Planning and Building Department within their comments. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (F~bruary 9, 2015): "1.0 RECOMMENDATION The Planning and Building Department recommends that the application be deferred for the applicant to submit the requested information for the Certificate of Occupancy application and the Parking Justification Letter. Should Committee see merit in the application, we recommend that variance #1 be refused, and variances #2 and #3 be granted, subject to conditions th.e conditions outlined below. 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: Mavis-Erindale Employment Area Business Employment Page 1of8