Minutes of the 12th Meeting of the Committee of Adjustment

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Cardwell, Chair S. Haslam B. O Carroll D. McCarroll N. Chornobay K.

1 Minutes of the 12th Meeting of the Committee of Adjustment Meeting Date: Thursday September 08, 2016 Meeting Time: Meeting Location: 7:00 p.m. Whitby Municipal Building 575 Rossland Road East, Committee Room 1 Present: J. Cardwell, Chair S. Haslam B. O Carroll D. McCarroll N. Chornobay K. Kram, Secretary-Treasurer Item 1: Disclosure of Interest: There was no disclosure of interest by the members of the Committee of Adjustment

2 Item 2: Public Hearings A/53/16 Brooklin Meadows Limited Northeast corner of Carnwith Drive East and Baldwin Street North An application has been received from Brooklin Meadows Limited for a variance from the provisions of By-Law The application is to permit an off-site temporary residential sales office to be located on the subject lands. The subject lands are located at the northeast corner of Carnwith Drive East and Baldwin Street North and are zoned Holding Special Purpose Commercial and Special Purpose Commercial (H-C2-S and C2-S). In Support of Application In Opposition of Application Anna Fagyas - Applicant None at this time. The Chair introduced the application and asked if anyone would like to speak to the subject application. A. Fagyas addressed the Committee in support of the subject application. She is representing Brooklin Meadows Limited who is proposing to locate a residential sales office on the subject lands. N. Chornobay asked why the sales office can not be located on the site it is marketing. A. Fagyas explained that the sales office is currently located on a site that it is marketing at the northwest corner of Winchester Road East and Thickson Road North. In order to get construction started in a timely manner they plan to move this sales office to the subject lands. S. Haslam asked the applicant if she was agreeable to the modified wording in the staff report and to the condition that limits the variance to a three year time period. A. Fagyas stated that yes she is agreeable to the variance as recommended in the staff report. The Chair asked if there was anyone from the public who wished to speak to the subject application. There was no one. Moved by: N. Chornobay

3 That the application to permit a temporary residential sales office to be located on the subject lands be Granted subject to the following condition: 1. That the variance becomes null and void three years from the date of this decision. Reason: The members of the Committee were of the opinion that the variance is minor in nature; that the general intent and purpose of the By-law and the Official Plan is being maintained, and further that the granting of the application is desirable and would result in the appropriate development of the property. Having considered the contents of all submissions, the staff report and oral submissions had an effect on the Committee s decision.

4 Item 2: Public Hearings It was noted by the Committee that the applicant for the next application was not present. Moved by: S. Haslam That the Committee break for five minutes so that K. Kram, Secretary-Treasurer can call the applicant for the next item and confirm whether or not they will be attending the meeting this evening. K. Kram advised the Committee that she called the applicant but there was no answer. A/54/16 CannaCare Ltd. Southwest corner of William Smith Drive and Wentworth Street An application has been received from CannaCare Ltd. for a variance from the provisions of By-Law The application is for permission to add processing plant (medical marihuana production facility) as a permitted use. The subject property is located at the southwest corner of Wentworth Street and William Smith Drive and is zoned Prestige Industrial (M1A). In Support of Application In Opposition of Application Also present: None at this time. None at this time. Gary Hynd Representing area landowner Paul Kaduppil Representing area landowner The Chair introduced the application and asked if anyone would like to speak to the subject application. The applicant was not present to speak to the application. The Chair asked if there was anyone from the public who wished to speak to the subject application.

5 G. Hynd addressed the Committee and noted that he works for Ball Packaging which is located across Wentworth Street to the north of the subject property. Also with him is P. Kaduppil from Ball Packaging. He explained that Ball Packaging makes cans for companies including Coke and Sleemans. G. Hynd noted that Ball Packaging s head office in Colorado has some experience with medical marihuana production facilities. He noted that Ball Packaging would not normally stand in the way of any economic development for Whitby. However, they understand there could be a serious odour associated with a medical marihuana production facility. He referenced a number of articles that have documented the odours associated with these types of facilities in Colorado and British Columbia. G. Hynd explained the production process at Ball Packaging, including the spray lining that is on the inside of the cans. He noted that this spray lining is very vulnerable to contamination from odours. Ball Packaging is concerned that their fresh air intake could suck in odours which would contaminate their product. G. Hynd stated that if the Committee grants the variance it should be on the condition that the facility must meet odour restrictions. N. Chornobay noted that there are other existing heavy industrial uses in the vicinity. He asked the applicant how the factory deals with these odours. G. Hynd noted that the factory has air filters, but they still have concerns about the potential odours from a medical marihuana production facility. There was a discussion about the Federal Government s licensing and regulation process for these types of uses and about odour emissions in general. N. Chornobay noted that the Committee is not able to answer the applicant s questions about odour emissions. The applicant should be able to answer these questions but unfortunately they are not present this evening. He also noted that the Committee does not have the expertise to create conditions of approval involving odour emissions. S. Haslam stated that the application could be tabled and brought back the next meeting so that the applicant can be present to answer questions. Moved by: B. O'Carroll That the application to add processing plant (medical marihuana production facility) as a permitted use be Tabled until the September 29, 2016 meeting of the Committee of Adjustment to allow for the applicant to be present to answer questions from the public.

6 Item 3: Approval of Previous Minutes Moved by: D. McCarroll That the minutes of the Committee of Adjustment held on Thursday August 18, 2016 be adopted. Item 4: Other Business There were no items raised under other business Item 5: Adjournment Moved by: B. O'Carroll That this meeting of the Committee of Adjustment be adjourned. Secretary Treasurer Chair

Minutes of the 13th Meeting of the Town of Whitby Committee of Adjustment held on September 18, 2014 at 7:00 p.m. In the Whitby Municipal Building

Minutes of the 13th Meeting of the Town of Whitby Committee of Adjustment held on September 18, 2014 at 7:00 p.m. In the Whitby Municipal Building Present: S. Haslam, Chair D. McCarroll B. O Carroll M.