COMMITTEE OF ADJUSTMENT AGENDA

Transcription

1 ISSISSAUGA f}jl ' a COMMITTEE OF ADJUSTMENT AGENDA Location: COUNCIL CHAMBER Hearing: APRIL 23, 2015AT1:30 P.M. l. 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 - (CONSENT) B-019/15, BCIMC REAL TY CORPORATION 6325, 6345 & 6375 DIXIE RD; 5 Approved A-203/15, 1535 MEYERSIDE DR; A-204/15 & 1550 COURTNEYPARK DR. E.; AND A-205/ & 1555 BON HILL RD NEW APPLICATIONS - (MINOR VARIANCE) A-190/15 FARAH SHAMS 5214 PRESERVATION CIR 10 Approved A-191/15 ANTHONY & NALINI STARCEVIC 5247 T AGISH CRT 5 Approved A-192/15 SEDONA LIFESTYLES (ROMETOWN) INC 1520 EDENCREST DR Approved A-193/15 SEDONA LIFESTYLES (ROMETOWN) INC 1526 EDENCREST DR Approved A-194/15 SEDONA LIFESTYLES (ROMETOWN) INC 1532 EDENCREST DR Approved A-195/15 SEDONA LIFESTYLES (ROMETOWN) INC 1538 EDENCREST DR Approved A-196/15 SEDONA LIFESTYLES (ROMETOWN) INC 1553 EDENCREST DR Approved A-197/15 SEDONA LIFESTYLES (ROMETOWN) INC 1515 EDENCREST DR Approved A-198/15 HYDRO ONE NETWORKS INC 4460 TOMKEN RD 3 Approved A-199/15 JAROSLAW PARNIAK 2154 CORSAIR RD 7 Approved A-200/15 KHALID ABU ZAED 6985 SECOND LINE WEST 11 June18 A-201/15 MUKESH & SMIT A BRAHMBHA TT 596 WINTERTON WAY 5 Approved A-202/ ONTARIO INC 5330 BRADCO BL VD 5 May 21 A-206/15 JANAK RAJ & VAN DANA GUPTA 1661 BLYTHE RD 8 Approved DEFERRED APPLICATIONS - (MINOR VARIANCE) A-421/ ONTARIO INC 3555 HA WKESTONE RD 6 Approved A-126/15 PEEL CONDOMINIUM CORPORATION NO COLUMBUS RD 5 July A-134/15 JAN & WIESLA W KAZULA 1326 KENMUIR AVE June 4 A-154/15 TRP REALTY INC 51 TANNERY ST 11 Approved 2 years C:IUserslmatjav\AppOala\local\Mlcrosoft\Windows\Temporary lnlemel Flles\Conlenl.OuUook\6KYV4T18\Dlsp BA130.doc; 2015/04/24; 3:48:32 PM Page: 1 of 1

2 ISSISSauGa File: "B" 019/15 WARDS COMMITTEE OF ADJUSTMENT IN THE MATTER OF SECTION 50(3) AND/OR (5) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE MATTER OF AN APPLICATION BY BCIMC REAL TY CORPORATION on Thursday April 23, 2015 BCIMC Realty Corporation is the owner of part of Lot 17, Concession 4, EHS, located and known as 6325, 6345 & 6375 Dixie Road, 1535 Meyerside Drive, 1550 Courtneypark Drive East and 1495 & 1555 Bonhill Road, zoned E2 & E3 - Employment. The applicant requests the consent of the Committee to the conveyance of a parcel of land having a frontage of approximately m ( ft.) and an area of approximately ha (6.04 ac). The effect of the application is to create a new lot for employment purposes together with the creation of easements for vehicular and pedestrian access, parking aisles and site servicing. The lands are also the subject to Minor Variance files "A"203/15, "A"204/15 & "A"205/15. Mr. M. Crabtree, authorized agent, attended and presented the application to convey a parcel of land for the creation of a new property for employment puwoses. Mr. Crabtree advised the Committee that the subject property was fully developed with employment buildings and that his client wished to separate the properties to be legally independent to facilitate any future transactions. He noted that no new development would occur and that private easements would need to be created to allow for the existing drive aisles to remain legally valid subsequent to the consent. Mr. Crabtree confirmed that relief to the Zoning By-law would be required to allow for shared drive aisles and for a reduction in parking spaces for persons with disabilities. Mr. Crabtree confirmed that the properties had been developed under a former Zoning By-law that had a reduced zoning requirement for such parking spaces. He suggested that it was appropriate to maintain the existing site conditions. The Committee reviewed the information submitted with the application. The Committee received comments and recommendations from the following agencies: City of Mississauga, Planning and Building Department (April 23, 2015), City of Mississauga, Transportation and Works Department (April 17, 2015), City of Mississauga, Community Services Department, Park Planning (April 17, 2015), Region of Peel, Environment, Transportation and Planning Services (April 20, 2015), No other persons expressed any interest in the application. The Secretary-Treasurer reviewed the recommended conditions for the Committee's consideration should the application be approved. Mr. Crabtree consented to the imposition of the proposed conditions. Page 1of3

3 File: "B" 019/15 WARDS There was some discussion with respect to the provision of accessible parking on the subject property. The Committee indicated that its concerns with this matter would be dealt with through the associated Minor Variance applications. The Committee, after considering the submissions put forward by Mr. Crabtree, the comments received and the recommended conditions, is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality. The Committee, having regard to those matters under subsection 51(24) of the Planning Act R.S.O. 1990, c. P.13., as amended, resolves to grant provisional consent subject to the following conditions being fulfilled: 1. Approval of the draft reference plan(s), as applicable, shall be obtained at the Committee of Adjustment office, and; the required number of prints of the resultant deposited reference plan(s) shall be received. 2. An application amendment letter shall be received from the applicant or authorized agent confirming that the conveyed land shall be together with and/or subject to services easement(s) and/or right(s)-of-way, if necessary, in a location and width as determined by the Secretary-Treasurer based on written advice from the agencies having jurisdiction for any service or right for which the easement or right-of-way is required; alternatively, a letter shall be received from the applicant or authorized agent confirming that no services easement(s) and/or right(s)-of-way, are necessary. 3. A letter shall be received from the City of Mississauga, Manager of Zoning Plan Examination, indicating that the conveyed land and retained lands comply with the provisions of the Zoning By-law, or alternatively; that any variances are approved by the appropriate authorities and that such approval is final and binding. ("A"203/15, "A"204/15 & "A"205/15) 4. A letter shall be received from the City of Mississauga, Transportation and Works Department, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated April 17, A letter shall be received from the City of Mississauga, Community Services Department, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated April 17, A letter shall be received from the Region of Peel, Environment, Transportation and Planning Services, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated April 20, Page 2 of 3

4 MISSISSauGa File: "B" 019/15 WARDS MOVED BY: D. George SECONDED BY: J. Robinson CARRIED Application Approved on conditions as stated. Dated at the City of Mississauga on April 30, 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 MAY 24, Date of mailing is May 4, S.P~ R!~~ D.GEtf! J. THOMAS, ~- J. ROBINSON L. DAHONICK ABSENT I certify this to be a true copy of the Committee's decision given on April 30, NOTES: ~ DAVID L. MARTIN, SECRETARY-TREASURER The decision to give provisional consent shall be deemed to be refused if the conditions of provisional consent, have not been fulfilled on or before May 4, See "SUMMARY OF APPEAL PROCEDURES" and "FULFILLING CONDITIONS & CERTIFICATE ISSUANCE" attached. Page 3 of 3

5 File: "A" 203/15 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 BCIMC REAL TY CORPORATION on Thursday April 23, 2015 BCIMC Realty Corporation is the owner of part of Lot 7, Concession 4, EHS, located and known as 6325, 6345 & 6375 Di)<ie Road, 1535 Meyerside Drive, 1550 Courtneypark Drive East and 1495 & 1555 Bonhill Road, zoned E2 & E3 - E-mployment. The applicant requests the Committee to authorize a minor variance to permit the creation of a lot (being the retained lands of Consent application "B"019/15) proposing: 1. to provide shared driveways and aisles with the conveyed lands of Consent application "B"019/15; whereas By-law , as amended, requires that access to and from parking spaces shall be provided by unobstructed on-site driveway aisles in this instance; and, 2. to provide a total of 2 parking spaces for persons with disabilities; whereas By-law , as amended, requires a minimum of 7 parking spaces for persons with disabilities in this instance. Mr. M. Crabtree, authorized agent, attended and presented the application to convey a parcel of land for the creation of a new property for employment purposes. Mr. Crabtree advised the Committee that the subject property was fully developed with employment use buildings and that his client wished to separate the properties as individual properties to facilitate future sale transactions. He noted that no new development would occur and that private easements would need to be created to allow for the existing drive aisles to remain legally va!id subsequent to the consent.. Mr. Crabtree confirmed that relief to the Zoning By-law would be required to allow for shared drive aisles and for a reduction in accessible parking spaces. Mr. Crabtree confirmed that the properties had been developed under a former Zoning By-law that had a reduced zoning requirement for accessible parking spaces. He suggested that it was appropriate to maintain the existing site conditions. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (April 23, 2015): "1.0 RECOMMENDATION The Planning and Building Department has no objection to the Consent application, provided that the severed and retained lands comply with the provisions of Zoning By-law , as amended. Further, we have no objection to 'A' 205/15 but recommend that 'A' 203/15 and 'A' 204/15 be deferred. Page 1of4

6 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: M Northeast Employment Area Business Employment File: "A" 203/15 WARDS Zoning By-law Zoning: "E2", Employment 3.0 OTHER APPLICATIONS No other applications currently in process. 4.0 COMMENTS It is our understanding that the purpose of the Consent application is to create a new lot for employment purposes with the creation of easements for vehicular and pedestrian access, parking aisles and site servicing. The subject lands contain office and employment buildings, and the severance would not affect the functioning of the property as it currently exists. Therefore, we have no objection to the Consent application, provided that the severed and retained lands comply with the provision of Zoning By-law , as amended, or alternatively, that any minor variance(s) is approved, final and binding and/or the demolition of any existing building(s) is complete. We advise that based on discussions with the authorized agent, variance #2 for 'A' 203/15 should be amended to indicate four parking spaces for persons with disabilities being provided instead of two as written in the notice. For the minor variance applications, in regards to the requests for shared driveways and aisles, we have no objection to the requested variances as the functioning of the site will remain as it currently exists. In regards to the requests for deficient number of accessible parking spaces, based on the discussions with the authorized agent, we note that the site was developed in 1987 and at the time, met the required Zoning By-law standards for accessible parking spaces. In addition, it is our understanding that the subject property currently has a surplus of parking on-site. Notwithstanding the above information, we are not- satisfied that sufficient justification has been provided for the requested reduction, in particular for variance #2 under 'A' 204/15. Based on the preceding information, we recommend that minor variance applications 'A' 203/15 and 'A' 204/15 be deferred. " The City of Mississauga Transportation and Works Department commented as follows (April 16, 2015): "We are noting for Committee's information that any Transportation and Works Department concerns/requirements for this property will be addressed under Consent Application 'B' 19/15.". The Region of Peel, Environment, Transportation and Planning Services, commented as follows (April 20, 2015): "This property is within the vicinity of Ambler-Courtney, which is a private landfill site. It is an inactive landfill located northeast of Dixie and Courtney Park Dr.. The exact boundaries are unknown. No further information is available." No other persons expressed any interest in the application. Page 2 of 4

7 File: "A" 203/15 WARDS The Committee suggested that an increase in parking spaces for persons with disabilities would be appropriate. They indicated that the proposed provision of just 2 spaces would be insufficient for the functionality of the property. ' Mr. Crabtree upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations. The Committee consented to the request and, after considering the submissions put forward by Mr. Cr_abtree and having reviewed the plans and comments received, is satisfied that the amended 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 amended request is minor in nature in this instance. Page 3 of 4

8 ~ File: "A" 203/15 WARDS Accordingly, the Committee resolves to authorize and grant the amended request to permit the creation of a lot (being the retained lands of Consent application "B"Ol9/15) proposing: 1. to provide shared driveways and aisles with the conveyed lands of Consent application "B"019/15; whereas By-law , as amended, requires that access to and from parking spaces shall be provided by unobstructed on-site driveway aisles in this instance; and, 2. to provide a total of 4 parking spaces for persons with disabilities; whereas By-law , as amended, requires a minimum of 7 parking spaces for persons with disabilities in this instance. MOVED BY: J. Robinson SECONDED BY: D. George CARRIED Application Approved, as amended. Dated at the City of Mississauga on April 30, 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 MAY 20, Date of mailing is May 4, S. PATRIZIO (CHAIR /.4- R.BENNETT J. THOMAS L. DAHONICK ABSENT J. ROBINSON I certify this to be a true copy of the Committee's decision given on April 30, ~ 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 ~. File: "A" 204/15 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-LA.W as amended - and - IN THE MATTER OF AN APPLICATION BY BCIMC REAL TY CORPORATION on Thursday April 23, 2015 BCIMC Realty Corporation is the owner of part of Lot 7, Concession 4, EHS, located and known as 6325, 6345 & 6375 Dixie Road, 1535 Meyerside Drive, 1550 Courtneypark Drive East and 1495 & 1555 Bonhill Road, zoned E2 & E3 - Employment. The applicant requests the Committee to authorize a minor variance to permit the creation of a lot (being the conveyed lands of Consent application "B"019/15) proposing: 1. to provide shared driveways and aisles with the retained lands of Consent application "B"019/15; whereas By-law , as amended, requires that access to and from parking spaces shall be provided by unobstructed on-site driveway aisles in this instance; and, 2. to provide a total of 2 parking spaces for persons with disabilities; whereas By-law , as amended, requires a minimum of 10 parking spaces for persons with disabilities in this instance. Mr. M. Crabtree, authorized agent, atte11ded and presented the application to convey a parcel of land for the creation of a new property for employment purposes. Mr. Crabtree advised the Committee that the subject property was fully developed with employment use buildings and that his client wished to separate the properties as individual properti'es to facilitate future sale transactions. He noted that no new development would occur and that private easements would need to be created to allow for the existing drive aisles to remain legally valid subsequent to the consent. Mr. Crabtree confirmed that relief to the Zoning By-law would be required to allow for shared drive aisles and for a reduction in accessible parking spaces. Mr. Crabtree confirmed that the properties had been developed under a former Zoning By-law that had a reduced zoning requirement for accessible parking spaces. He suggested that it was appropriate to maintain the existing site conditions. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (April 23, 2015): "1.0 RECOMMENDATION The Planning and Building Department has no objection to the Consent application, provided that the severed and retained lands comply with the provisions of Zoning By-law , as amended. Further, we have no objection to 'A' 205/15 but recommend that 'A' 203/15 and 'A' 204/15 be deferred. Page 1of4

10 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: M Northeast Employment Area Business Employment File: "A" 204/15 WARDS Zoning By-law Zoning: "E2", Employment 3.0 OTHER APPLICATIONS No other applications currently in process. 4.0 COMMENTS It is our understanding that the purpose of the Consent application is to create a new lot for employment purposes with the creation of easements for vehicular and pedestrian access, parking aisles and site servicing. The subject lands contain office and employment buildings, and the severance would not affect the functioning of the property as it currently exists. Therefore, we have no objection to the Consent application, provided that the severed and retained lands comply with the provision of Zoning By-law , as amended, or alternatively, that any minor variance(s) is approved, final and binding and/or the demolition of any existing building(s) is complete. We advise that based on discussions with the authorized agent, variance #2 for 'A' 203/15 should be amended to indicate four parking spaces for persons with disabilities being provided instead of two as written in the notice. For the minor variance applications, in regards to the requests for shared driveways and aisles, we have no objection to the requested variances as the functioning of the site will remain as it currently exists. In regards to the requests for deficient number of accessible parking spaces, based on the discussions with the authorized agent, we note that the site was developed in 1987 and at the time, met the required Zoning By-law standards for accessible parking spaces. In addition, it is our understanding that the subject property currently has a surplus of parking on-site. Notwithstanding the abov.e information, we are not satisfied that sufficient justification has been provided for the requested reduction, in particular for variance #2 under 'A' 204/15. Based on the preceding information, we recommend that minor variance applications 'A' 203/15 and 'A' 204/15 be deferred. " The City of Mississauga Transportation and Works Department commented as follows (April 16, 2015): "We are noting for Committee's information that any Transportation and Works Department concerns/requirements for this property will be addressed under Consent Application 'B' 19/15." The Region of Peel, Environment, Transportation and Planning Services, commented as follows.(april 20, 2015): "This property is within the vicinity of Ambler-Courtney, which is a private landfill site. It is an inactive landfill located northeast of Dixie and Courtney Park Dr. The exact boundaries are unknown. No further information is available." No other persons expressed any interest in the application. The Committee suggested that an increase in parking spaces for persons with disabilities would be appropriate. They indicated that the proposed provision of just 2 spaces would be Page 2 of 4

11 ~ File: "A" 204/15 MISSISSauGa WARDS insufficient for the functionality of the property and amended the application to allow for a total of 5 parking spaces for persons with disabilities to be provided on site. The Committee after considering the submissions put forward by Mr. Crabtree and having reviewed the plans and comments received, is satisfied that the amended 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 amended request is minor in nature in this instance. Page 3 of 4

12 File: "A" 204/15 MISSISSauGa WARDS Accordingly, the Committee resolves to authorize and grant the amended request to permit the creation of a lot (being the retained lands of Consent application "B"019/15) proposing: 1. to provide shared driveways and aisles with the conveyed lands of Consent application "B"019/15; whereas By-Jaw , as amended, requires that access to and from parking spaces shall be provided by unobstructed on-site driveway aisles in this instance; and, 2. to provide a total of 5 parking spaces for persons with disabilities; whereas By-Jaw , as amended, requires a minimum of 7 parking spaces for persons with disabilities in this instance. MOVED BY: J. Robinson SECONDED BY: D. George CARRIED Application Approved, as amended. Dated at the City of Mississauga on April 30, 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 MAY 20, Date of mailing is May 4, S. PATRIZIO (CHAIR) tefit.~- R. BENNETT ~. ABSENT D. KENNEDY L. DAHONICK ~- J. ROBINSON I certify this to be a true copy of the Committee's decision given on April 30, 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

13 ~ M 1ss1ssauGa File: "A" 205/15 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 BCIMC REALTY CORPORATION on Thursday April 23, 2015 BCIMC Realty Corporation is the owner of part of Lot 7, Concession 4, EHS, located and known as 6325, 6345 & 6375 Dixie Road, 1535 Meyerside Drive, 1550 Courtneypark Drive East and 1495 & 1555 Bonhill Road, zoned E2 & E3 - Employment. The applicant requests the Committee to authorize a minor variance to permit the creation of a lot (being the retained lands of Consent application "B"019/15) proposing to provide shared driveways and aisles with the conveyed lands of Consent application "B"Ol9/15; whereas By-law , as amended, requires that access to and from parking spaces shall be provided by unobstructed on-site driveway aisles in this instance. Mr. M. Crabtree, authorized agent, attended and presented the application to convey a parcel of land for the creation of a new property for employment purposes. Mr. Crabtree advised the Committee that the subject property was fully developed with employment use buildings and that his client wished to separate the properties as individual properties to facilitate future sale transactions. He noted that no new development would occur and that private easements would need to be created to allow for the existing drive aisles to remain legally valid subsequent to the consent. Mr. Crabtree confirmed that relief to the Zoning By-law would be required to allow for shared driv~ aisles and for a reduction in accessible parking spaces. Mr. Crabtree confirmed that the properties had been developed under a former Zoning By-law that had a reduced zoning requirement for accessible parking spaces. He suggested that it was appropriate to maintain the existing site conditions. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (April 23, 2015): "1.0 RECOMMENDATION The Planning and Building Department has no objection to the Consent application, provided that the severed and retained lands comply with the provisions of Zoning By-law , as amended. Further, we have no objection to 'A' 205/15 but recommend that 'A' 203/15 and 'A' 204/15 be deferred. 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: Northeast Employment Area Business Employment Page 1of3

14 Zoning By-Jaw M File: "A" 205/15 WARDS Zoning: "E2", Employment 3.0 OTHER APPLICATIONS No other applications currently in process. 4.0 COMMENTS It is our understanding that the purpose of the Consent application is to create a new lot for employment purposes with the creation of easements for vehicular and pedestrian access, parking aisles and site servicing. The subject lands contain office and employment buildings, and the severance would not affect the functioning of the property as it currently exists. Therefore, we have no objection to the Consent application, provided that the severed and retained lands comply with the provision of Zoning By-law , as amended, or alternatively, that any minor variance(s) is approved, final and binding and/or the demolition of any existing building(s) is complete, We advise that based on discussions with the authorized agent, variance #2 for 'A' 203/15 should be amended to indicate four parking spaces for persons with disabilities being provided instead of two as written in the notice. For the minor variance applications, in regards to the requests for shared driveways and aisles, we have no objection to the requested variances as the functioning of the site will remain _as it currently exists. In regards to the requests for deficient number of accessible parking spaces, based on the discussions with the authorized agent, we note that the site was developed in 1987 and at the time, met the required Zoning By-law standards for accessible parking spaces. In addition, it is our understanding that the subject property currently has a surplus of parking on-site. Notwithstanding the above information, we are not satisfied that sufficient justification has been provided for the requested reduction, in particular for variance #2 under 'A' 204/15. Based on the preceding informati9n, we recommend that minor variance applications 'A' 203/15 and 'A' 204/15 be deferred. " The City of Mississauga Transportation and Works Department commented as follows (April 16, 2015): "We are noting for Committee's information that any Transportation and Works Department concerns/requirements for this property will be addressed under Consent Application 'B' 19/15." The Region of Peel, Environment, Transportation and Planning Services, commented as follows (April 20, 2015): "This property is within the vicinity of Ambler-Courtney, which is a private landfill site. It is an inactive landfill located northeast of Dixie and Courtney Park Dr. The exact boundaries are unknown. No further information is available." No other persons expressed any interest in the application. The Committee after considering the submissions put forward by Mr. Crabtree and 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. Page 2 of 3

15 File: "A" 205/15 MISSISSauGa WARDS 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: J. Robinson SECONDED BY: D. George CARRIED Application Approved. Dated at the City of Mississauga on April 30, 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 FGR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 20, Date of mailing is May 4, D.GE~ J. T;OMAs ' ~~' D.KENNEDY L. DAHONICK ABSENT J. ROBINSON r certify this to be a true copy of the Committee's decision given on April 30, 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

16 File: "A" 190/15 WARD 10 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 FARAH SHAMS on Thursday April 23, 2015 Farah Shams is the owner of part of Lot 41, Registered Plan M-1606, located and known as 5214 Preservation Circle, zoned RM Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of a basement entrance stairwell within the exterior side yard of the subject property; whereas By-law , as amended, does not permit a basement entrance stairwell within an exterior side yard in this instance. Mr. V. Gupta, authorized agent, attended and presented the application to permit the existing basement entrance stairwell to remain within the exterior side yard of the subject property: Mr. Gupta presented a -photograph of the side yard of the property and noted that the basement entrance stairwell was innocuous as it was screened by a generous side yard in width that had a opaque wooden fence around its perimeter. Ms. F. Shams, the property owner, attended and indicated that the basement entrance stairwell was used to access the basement independently from the rest of the dwelling for her son. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (April 17, 2015): "1.0 RECOMMENDATION The Planning and Building Department has no objection to the requested variances, as amended. 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: Churchill Meadows Neighbourhood Residential Medium Density Zoning By-law Zoning: "RM2-18", Residential 3.0 OTHER APPLICATIONS ~ Building Permit File: BP Page 1of4

17 -M MISSISSauGa File: "A" 190/15 WARD COMMENTS Based on a review of the Building Permit application for the proposed below grade entrance and second unit, we advise that the variance should be amended as follows: - "1. to permit the construction of a below grade stairwell (to facilitate an entrance to a second unit) within the exterior side yard of the subject property; whereas By-law , as amended states that stairs, stairwells or retaining walls to facilitate an entrance below grade at any point shall not be permitted in front yards or exterior side yards in this instance;" Further, we advise that the following additional variances are required: "2. to permit a new pedestrian entrance facing a street to facilitate a second unit; whereas Bylaw , as amended states that a new.pedestrian entrance facing a street to facilitate a second unit shall not be permitted; and 3. an exterior side yard setback measured to the below grade entrance of 3.57 m (11.71 ft.); whereas By-law , as amended requires a minimum 4.5 m (14.76 ft.)." Based on information provided with the minor variance application, we note that the proposed basement entrance stairwell will be located behind an existing fence. Therefore, it does not appear that it will be visible from Preservation Circle. In addition, there is sufficient area in the exterior side yard to access the rear yard and sufficient amenity area is also maintained on the lot. Based on the preceding information, we have no objection to the requested variances, as amended." The City of Mississauga Transportation and Works Department commented as follows (April 16, 2015): "This department would have no objections to the applicant's request provided that the approved drainage pattern in the area of the basement entrance stairwell be maintained." A letter was received from S. Khan & A. Rohilla, residents of 5053 Preservation Circle, expressing that they had no objection to the subject application. A letter was received from R. Kolida, a resident of 5203 Preservation Circle, expressing consent for the construction of the basement entrance stairwell. A letter was received from G. Auerswald, a resident of 5208 Preservation Circle, stating an objection to the subject application. A letter was received from M. Tanveer, a resident of 5209 Preservation Circle, expressing consent for the construction of the basement entrance stairwell. A letter was received from P. Khan, a resident of 5211 Preservation Circle, stating no objection to the subject application. A letter was received from S. Atif & A. Nadeem, residents of 5216 Preservation Circle, expressing that they had no concerns to the subject application. A letter was received from D. & Z. Jovancic, a residents of 5217 Preservation Circle, stating an objection to the subject application. J A letter was received from A. Duggal, a resident of 5219 Preservation Circle, stating an objection to the subject application. A letter was received from K. & A. Arshad, residents of 5222 Preservation Circle, expressing tharthey had no objection to the subject application. Page 2 of 4

18 MISSISSauGa File: "A" 190/15 WARDlO Mr. J. Lee, a Planner for the Planning and Building Department, attendetj and confirmed that the Zoning By-law restricted basement entrance stairw~lls within exterior side yard was to preserve an attractive streetscape. He explained that the restric,tion allowed for Planning staff to review such proposals on an individual basis. He noted that there were other active permits for the subject property to construct a basement apartment. No other persons expressed any interest in the application. Mr. Gupta upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations. The Committee consented to the request and, after considering the submissions put forward by Mr. Gupta and Ms. Shams and having reviewed the plans and comments received, is satisfied that the amended 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. Th_e Committee is of the opinion that the amended request is minor in nature in this instance. Page 3 of 4

19 ~ File: "A" 190/15 MISSISSauGa WARDlO Accordingly, the Committee resolves to authorize and grant the amended request proposing: 1. to permit the construction of a below grade stairwell (to facilitate an entrance to a second unit) within the exterior side yard of the subject property; whereas By-law , as amended states that stairs, stairwells or retaining walls to facilitate an entrance below grade at any point shall not be permitted in front yards or exterior side yards in this instance; 2. to permit a new pedestrian entrance facing a street to facilitate a second unit; whereas By-law , as amended states that a new pedestrian entrance facing a street to facilitate a second unit shall not be permitted; and, 3. an exterior side yard setback measured to the below grade entrance of 3.57 m (11.71 ft.); whereas By-law , as amended requires a minimum 4.50 m (14.76 ft.). MOVED BY: D.Kennedy SECONDED BY: D. George CARRIED Application Approved, as amended. Dated at the City of Mississauga on April 30, 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 MAY 20, Date of mailing is May 4, S~T~ R. BENNETT J. THOMAS ~. ABSENT D. KENNEDY L. DAHONICK J. ROBINSON I certify this to be a true copy of the Committee's decision given on April 30, 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. Page4of4

20 ~ File: "A" 191/15 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 ANTHONY & NALINI STARCEVIC on Thursday April 23, 2015 Anthony & Nalini Starcevic are the owners of Lot 33, registered plan M-738, located and known as 5247 Tagish Court, zoned R Residential. The applicants request the Committee to authorize a minor variance to permit the construction of a new pool within the rear yard of the subject property proposing a setback of 1.50 m (4.92 ft.) to the adjacent Gl - Greenbelt zone; whereas By-law , as amerided, requires a minimum setback of 5.00 m (16.40 ft.) from a pool to a Gl - Greenbelt zone in this instance. Mr. A. Starcevic, property owner, attended and presented the application to permit the construction of a new pool within the rear yard of the subject property. Mr. Starcevic advised the Committee that the new pool would be larger and configured to be located in the same approximate position as the previous pool. He confirmed that the new pool would be setback the same approximate distance as the existing pool to the adjacent greenbelt zoned lands. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (April 17, 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: Hurontario Neighbourhood Residential Low Density II Zoning By-law Zoning: "R4-22", Residential 3.0 OTHER APPLICATIONS No other applications currently in process. 4.0 COMMENTS We advise that the intent of the Zoning By-law in regards to setback to Greenbelt zones is to ensure the protection and preservation of natural features. In this regard, we note that the City has paved a trail along the western portion of the Greenbelt lands in close proximity to the rear lot line of the subject property. As the paved trail has disturbed the natural area Page 1of4

21 File: "A" 191/lS WARDS adjacent to the rear lot line, we do not anticipate any further negative impacts to the Greenbelt lands resulting from the requested variance. Based on the preceding information, we have no objection to the requested variance." The City of Mississauga Transportation and Works Department commented as follows (April 16, 201S): "This department has no objections to the applicants request to permit the construction of a new pool within the rear yard of the subject property." The Region of Peel, Environment, Transportation and Planning Services, commented as follows (April 20, 201S): "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." Credit Valley Region Conservation commented as follows (April 21, 201S): Credit Valley Conservation (CVC) has had the opportunity to review the above-noted application and the following comments are provided for your consideration: SITE CHARACTERISTICS: The subject property is adjacent to Cooksville Creek and its associated erosion 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. As you may be aware, the subject property is adjacent to the City of Mississauga Natural Area Survey (NAS) designated as H06. ONTARIO REGULATION 160/06: 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). PROPOSAL: The applicants request the Committee to authorize a minor variance to permit the construction of a new pool within the rear yard of the subject property proposing a setback of l.som (4.92 ft.) to the adjacent Gl-Greenbelt zone; whereas By-law 022S-2007, as amended, requires a minimum setback of S.OOm (16.40 ft.) from a pool to a Gl - Greenbelt zone in this instance. COMMENTS: It is suggested that the setback of Sm be maintained to act as a buffer to watercourse and its valley system to the proposed development. However, recognizing that the proposed pool is outside of the erosion hazard, there is existing infrastructure (trail) that is beyond the subject property, and the proposed pool does not extent closer to the creek than the existing pool on the property, eve 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 watercourse. A CVC permit is required for the proposed development. Page 2 of 4

22 No other persons expressed any interest in the application. File: "A" 191/15 WARDS The Committee after considering the submissions put forward by Mr. Starcevic and 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. Page 3 of 4

23 File: "A" 191/15 WARDS Accordingly, the Committee resolves to authorize and grant the request as presented. MOVED BY: D.Bennett SECONDED BY: D. George CARRIED Application Approved. Dated at the City of Mississauga on April 30, 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 MAY 20, Date of mailing is May 4, S.P~ i!~- R. BENNETT J. THOMAS D. KENNEDY L. DAHONICK \),J. J. ROBINSON ABSENT I certify this to be a true copy of the Committee's decision given on April 30, 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

24 File: "A" 192/15 WARDl 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 SEDONA LIFESTYLES (ROMETOWN) INC on Thursday April 23, 2015 Sedona LifesJyles (Rometown) Inc is the owner of Lot 1, Registered Plan M-1967, located and known as 1520 Edencrest Drive, zoned R Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of a detached dwelling on the subject property proposing a front yard of 4.11 m (13.48 ft.); whereas By-law , as amended, requires a minimum front yard setback of 4.50 m (14.76 ft.) in this instance. Mr. J. Levac, authorized agent, attended and presented the application to construct a new detached dwelling on the subject property. Mr. Levac advised the Committee that the subject property had recently been subject to an approved Zoning By-law Amendment application and was a part of active Common Element Plan of Condominium and Site Plan Approval applications. He explained that the site specific Zoning By-law did not contemplate the proposed bay window projections that the dwelling was designed to have as the final design of the dwelling had been finalized subsequent to the enactment of the site specific Zoning By-law. The Committee reviewed the information and plans submitted with the application. The City of Mississauga Planning and Building Department commented as follows (April 17, 2015): "l.0 RECOMMENDATION The Planning and Building Department has no objection to the requested variances. However, the applicant may wish to defer the applications to provide the requested information to ensure that all required variances have.been accurately identified. 2.0 BACKGROUND Mississauga Official Plan Character Area: Designation: Lakeview Neighbourhood Residential Low Density I Zoning By-law Zoning: "R16-8", Residential 3.0 OTHER APPLICATIONS ~ SitePlan File: SP Page 1of3

25 MISSISSauGa File: "A" 192/15 WARDl 4.0 COMMENTS Based on a review of the Site Plan application for the proposed detached dwellings, we advise that more information is required to ensure that all required variances have been accurately identified. It is our understanding that the requested variances are due to minor window projections that encroach slightly into the required front or rear yards and only consist of a small portion of the front or rear face of the dwellings. Otherwise, it appears that the dwellings would comply with the requirements of the Zoning By-law. Based on the preceding information, we have no objection to the requested variances." The City of Mississauga Transportation and Works Department commented as follows (April 16, 2015): "We note for Committee's information that the City is currently processing a Site Plan Application for this property, Reference SP 12/168. Transportation and Works Department concerns/requirements for this property will be addressed through the Site Plan Process." The Ministry of Transportation commented as follows (April 23, 2015): "The subject property is located in the proximity of a provincial highway within MTO permit control area, any proposed development or changes to the site including any new construction for both above and below ground requires ministry review and approval. MTO permits must be obtained prior to any construction being undertaken." Ms. S. Karpowech, a resident of 1401 Rometown Drive, expressing her objection to the subject application. Ms. Karpowech advised the Committee that the proposed dwelling would be 2.5 storeys in height and would be. incompatible with the smaller dwellings along Rometown Drive. She suggested that the proposed dwelling was too large for the subject property and did not provide adequate side and rear yards. Mr. M. Masek, a resident of 1423 Rometown Drive, attended and expressed his objection to the subject application. Mr. Masek advised the Committee the proposed dwelling would be incompatible with the smaller dwellings along Rometown Drive. Mr. J. Lee, a Planner for the Planning and Building Department, attended and confirmed that the property had been subject to extensive development review. He indicated that a wood board fence would be constructed around the perimeter of the property that would help screen the proposed dwelling. No other persons expressed any interest in the application. The Committee after considering the submissions put forward by Mr. Levac and 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 confirmed its acceptance of the reduced setback was only to the bay window and not for the entire dwelling. 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 2 of 3