COMMITTEE OF ADJUSTMENT AGENDA WEDNESDAY, APRIL 30, 2014, 7:00 PM

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1 .... COMMITTEE OF ADJUSTMENT AGENDA Committee of Adjustment Agendas are subject to change without notice. The Final Agenda is available at the beginning of each meeting. WEDNESDAY, APRIL 30, 2014, 7:00 PM Town of East Gwillimbury Leslie Street Sharon, Ontario. A.. CALL TO ORDER B.. DECLARATION OF INTEREST C. ADOPTION OF MINUTES 1. To adopt the Committee of Adjustment minutes from the meeting held on Wednesday, March 26, D. CONSENT APPLICATIONS. E. MINOR VARIANCE APPLICATIONS 1. Minor Variance Application A submitted by Minto Communities Inc. for the property legally known as Concession 2, Part Lot 15, Part 1,Registered Plan 65R Roll No (Application previously deferred from the meeting held March 26, 2014) Applicant has submitted a letter withdrawing the minor variance application.. 2. Minor Variance Application A submitted by Stephen and Joyce Herzog for the property known as Kennedy Road, Concession 6, Part Lot 14 Roll No Minor Variance Application A submitted by Roofmart (Canada) Limited for the property known as 224 Oriole Drive, Plan 16, Block 1, Part Blocks B, D, & E, Concession 1, W Part Lot 3 Roll No Page Page 1 of 29

2 F.. OTHER BUSINESS G. ADJOURNMENT Page 2 of 29

3 COMMITTEE OF ADJUSTMENT MEETING MINUTES Wednesday, March 26, 2014a7:00 PM A Meeting of the Town of East Gwillimbury Committee of Adjustment was held on Wednesday, March 26, 2014, at 7:00 p.m. in the Civic Centre Council Chambers, Leslie Street, Sharon, Ontario. PRESENT: Chairperson David Smith Member Jacqueline C. Rueping Member Jennifer Smalley-Higgs Member Jane Stevenson Member Seat Vacant Secretary-Treasurer Planner Fernando Lamanna Chris Cannon OTHERS: (8) members of the public A. CALL TO ORDER David Smith, Chairperson called the meeting to order at 7:00 p.m. A quorum was present. The Members held a moment of silence for Former Mayor and Member of Committee of Adjustment, James Mortson, who passed away January 4, B. DECLARATION OF INTEREST There were no declarations of interest. C. ADOPTION OF MINUTES 1. To the adopt the minutes of the Committee of Adjustment meeting held on November 27, 2013 Moved by: J. Smalley-Higgs Seconded by: J. Stevenson BE IT RESOLVED THAT the Minutes of the Committee of Adjustment meeting held on November 27, 2013, be received and adopted. Page 3 of 29

4 Town of East Gwillimbury Committee of Adjustment Wednesday, March 26, 2014 Page 2 of 7 D. CONSENT APPLICATIONS Carried There were no consent applications heard. E. MINOR VARIANCE APPLICATIONS 1. Minor Variance Application A submitted by Minto Communities Inc. for the property legally known as Concession 2, Part Lot 15, Part 1, Registered Plan 65R Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated March 12, 2014 distributed in accordance with the regulations of the Planning Act Development Services Report P dated March 12, 2014 from D. Hill, By-law and licensing Coordinator with no issues. dated March 18, 2014, from C. Singh, Permits Officer, Coridor Management Office, Ministry of Transportation, with no comments or concerns. Letter dated March 19, 2014, from Lisa-Beth Bulford, Development Planner, Lake Simcoe Region Conservation Authority with no issues. James Bujak, Minto Communities, noted that they do not agree with Council s position regarding the Region s 10 year capital projects and concur to the deferral to the meeting to be held on April 30 th, Moved by: J. Rueping Seconded by: J. Stevenson BE IT RESOLVED THAT Minor Variance application A requesting relief from Section 35.2 to permit a temporary sales centre, be deferred to the April 30 th, 2014 Committee of Adjustment meeting to provide Town staff an opportunity for further discussions on the Region s 10 year Capital Plan with Council and Regional staff. Carried. Page 4 of 29

5 Town of East Gwillimbury Committee of Adjustment Wednesday, March 26, 2014 Page 3 of 7 2. Minor Variance Application A submitted by Kimberly and Chico Ezechiels for the property known as McCowan Road, Concession 6, Part Lot 15, Part 1, RS65R10019 Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated March 12, 2014 distributed in accordance with the regulations of the Planning Act Development Services Report P dated March 12, 2014 from D. Hill, By-law and licensing Coordinator with no issues. dated March 18, 2014, from C. Singh, Permits Officer, Coridor Management Office, Ministry of Transportation, with no comments or concerns. C. Ezechiels, owner noted that the setback is only a couple of inches and confirmed that it was previously constructed. Moved by: J. Stevenson Seconded by: J. Rueping BE IT RESOLVED THAT Minor Variance application A requesting relief from Section 5.8(b)(ii) and from Section 45.2(iii) to facilitate the construction of an addition to the front of the existing single family dwelling being 29 square metres, and having a side yard setback of 6.8 metres, is hereby approved. Carried. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. 3. Minor Variance Application A submitted by Helen Johnston and Denis and Donna Oliver for the property known as 14 Walnut Ave., Plan 258, Part Lots 12 & 13, Range 3, RP65R1627, Part 3 Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated March 12, 2014 distributed in accordance with the regulations of the Planning Act Development Services Report P dated March 12, 2014 from D. Hill, By-law and licensing Coordinator with no issues. Page 5 of 29

6 Town of East Gwillimbury Committee of Adjustment Wednesday, March 26, 2014 Page 4 of 7 dated March 18, 2014, from C. Singh, Permits Officer, Coridor Management Office, Ministry of Transportation, with no comments or concerns. Letter dated March 17, 2014 from Gerald de Roeper of Yonge Street, in support of the application. Letter dated March 19, 2014, from Lisa-Beth Bulford, Development Planner, Lake Simcoe Region Conservation Authority with no issues. J. Smalley-Higgs, Member, inquired about the definition of a shed as opposed to a garage. C. Cannon, Planner, noted that a shed does not have an 8 foot roll up door but typically just a man door. J. Smalley-Higgs, Member, asked about timing of constructing the proposed garage in relation to demolishing or converting the existing garage. C. Cannon, Planner, confirmed that the existing garage can be demolished or converted after the new proposed garage is built as long as there is a signed letter of intent provided by the owner. J. Stevens, Member asked the owner if the existing garage will be demolished, D. Oliver, owner, confirmed that he intends to keep the exiting garage and will convert the roll up door to swinging barn doors. The neighbour at 18 Walnut Avenue indicated that he has no concerns with the new garage. Moved by: J. Smalley-Higgs Seconded by: J. Stevenson BE IT RESOLVED THAT Minor Variance application A requesting relief from Section 6.3(e) to permit the construction of a detached garage having a mean height of 5.0 metres, as shown on Schedule 1, is hereby approved, subject to the following conditions: 1. Submission to the Secretary-Treasurer of written confirmation from the Director of Building Approvals & Inspections/CBO that the existing detached garage structure is demolished or converted to a shed. 2. All conditions must be satisfied within one (1) year of the date of the notice of the decision. Page 6 of 29

7 Town of East Gwillimbury Committee of Adjustment Wednesday, March 26, 2014 Page 5 of 7 Carried. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. 4. Minor Variance Application A submitted by John Thompson for the property known as McCowan Road, Concession 6, Part Lot 12 Roll No The Secretary-Treasurer read the following correspondence: Notice of Hearing dated March 12, 2014 distributed in accordance with the regulations of the Planning Act Development Services Report P dated March 12, 2014 from D. Hill, By-law and licensing Coordinator with no issues. dated March 18, 2014, from C. Singh, Permits Officer, Coridor Management Office, Ministry of Transportation, with no comments or concerns. R. Thompson, agent, existing house is a two storey and they wish to build a new bungalow in a new location on the lot. Moved by: J. Smalley-Higgs Seconded by: J. Rueping BE IT RESOLVED THAT Minor Variance application A requesting relief from Section 5.8(b)(ii) to permit the construction of a replacement single family dwelling, is hereby approved. Carried. D. Smith, Chairperson, advised those in attendance of the 20 day appeal period. F. OTHER BUSINESS OACA Annual Conference The Committee discussed the conference and the value of the education and passed on sending any Member to the 2014 OACA Annual conference. Page 7 of 29

8 Town of East Gwillimbury Committee of Adjustment Wednesday, March 26, 2014 Page 6 of 7 2. Ontario Municipal Board - Appointment for Hearing regarding Minor Variance application A submitted by Charter Construction Ltd. & Tomasone Holdings Inc. The Secretary-Treasurer advised that the Ontario Municipal Board hearing date is scheduled for Monday May 12, 2014 in the Holland Landing meeting room in the Civic Centre and it is to start at 10:30 am. He noted that the OMB has set aside 2 days for the hearing and that the hearing is open to the public should any Members wish to attend and observe. C. Cannon advised that he is putting forth a report to Council at their meeting to be held on April 7 th, requesting that staff be authorized to attend to support the decision of the Committee of Adjustment and ensure that the conditions recommended in the decision are upheld. Moved by: J. Stevens Seconded by: J. Smalley-Higgs BE IT RESOLVED THAT the update regarding the Ontario Municipal Board - Appointment for Hearing regarding Minor Variance application A submitted by Charter Construction Ltd. & Tomasone Holdings Inc., be received for information. 3. Discussion regarding vacancy on the Committee of Adjustment. Carried. The Secretary-Treasurer advised that with the passing of former Mayor and Committee of Adjustment member, James Mortson, the Committee has a vacancy to which they have two options: to fill the vacancy immediately by advertising and conducting interviews or to wait until early 2015 when the new Committee of Adjustment is appointed in conjunction with the new term of Council. He advised that two applications have been submitted to date, both of which have been presented to Council. He noted that Council is supportive of the Committee of Adjustment decision as to how to proceed with the current vacancy. The Members discussed the options at hand and decided to fill the vacancy immediately and directed staff to advertise for applicants. Moved by: J. Rueping Seconded by: J. Stevenson BE IT RESOLVED THAT the Committee of Adjustment recommend to Council that staff advertise and conduct interviews to fill the vacancy. Carried. Page 8 of 29

9 Town of East Gwillimbury Committee of Adjustment Wednesday, March 26, 2014 Page 7 of 7 G. ADJOURNMENT Moved by: J. Smalley-Higgs Seconded by: J. Stevenson BE IT RESOLVED THAT the Committee of Adjustment meeting adjourn at this time (8:04 pm). Carried David Smith, Chairperson Meeting Minutes adopted on April 30, 2014 Fernando Lamanna, Secretary-Treasurer, Committee of Adjustment Page 9 of 29

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11 COMMITTEE OF ADJUSTMENT Fernando Lamanna, Secretary-Treasurer x3821 April 16, 2014 NOTICE OF HEARING Re: Minor Variance Application A submitted by Stephen and Joyce Herzog for the property known as Kennedy Road, Concession 6, Part Lot 14 Roll No The owners of the above noted property have submitted an application for a minor variance to request relief from Section 6.3(j) to permit the construction of a detached garage with the westerly portion being 110 square metres and the remaining easterly portion being 151 square metres, as shown on Schedule 1 attached. Whereas Section 6.3 (j) restricts the total maximum floor area of all detached garages to 80 square metres (westerly portion). The easterly portion of the proposed structure is to be in compliance with the Council approved detached private garage policy. A hearing, to receive public comments in support or in opposition to this application will be held on Wednesday, April 30 th, 2014 at 7:00 p.m., in the Council Chambers Leslie Street, Sharon. Any person who supports or opposes this application, but who is unable to attend the hearing, may make a signed, written submission which should include the reasons for support or opposition. Written submissions must be delivered to the Secretary-Treasurer prior Wednesday, April 23 rd, Written submissions can also be submitted at the hearing. Please include your printed name and full mailing address in your written submission. If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed minor variance, you must make a written request to the Secretary-Treasurer, Committee of Adjustment, Leslie Street, Sharon, Ontario L0G 1V0. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If more information is required, contact the Secretary-Treasurer for the Committee of Adjustment for assistance at (905) Ext or by at flamanna@eastgwillimbury.ca. Original signed by Fernando Lamanna Secretary-Treasurer Committee of Adjustment Our town, Our future Leslie Street, Sharon, Ontario L0G 1V0 Tel: Fax: Page 11 of 29

12 11 Page 12 of 29 Ê Kennedy Rd Doane Rd

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16 To: DEVELOPMENT SERVICES REPORT P Committee of Adjustment Date: April 30 th, 2014 Subject: Origin: RECOMMENDATIONS Minor Variance Application by S. Herzog Kennedy Road Part of lot 14, Concession 6 [File: A.05.14] Development Services Department 1. THAT the Minor Variance requested by S. Herzog [File: A.05.14] for relief from Section 6.3(j), total floor area maximum of a detached garage of the Town s Zoning By-law to facilitate the construction of a detached garage with a total floor area maximum of 151 square metres, be approved subject to the following condition: (a) Submission to the Secretary-Treasurer of written confirmation from the Director of Building Approvals & Inspections/CBO that the balance of the structure be in compliance with the Council approved detached private garage policy. PURPOSE The purpose of this report is to provide information and make a recommendation regarding the Minor Variance application by S. Herzog. The Minor Variance application proposes relief from the total ground floor area maximum to facilitate the construction of a detached garage. BACKGROUND Location The subject property, is located on the east side of Kennedy Road, south of Doane Road. The location of this property is shown on Appendix 1 of this report. DISCUSSION AND ANALYSIS Proposal A variance has been requested to increase the total floor area maximum to 151 square metres to facilitate the construction of a detached garage in the rear yard on the subject property. The applicant has applied to increase the total floor area maximum whereas Section 6.3(j) of Zoning By-law No , as amended, restricts the total floor area maximum to 80 square metres for detached garages. The balance of the structure will be required to be in compliance with the Page 16 of 29

17 Development Services Report Minor Variance Application By S. Herzog April 30, 2014 Page 2 of 5 Council approved detached garage policy. A copy of the plan submitted in support of this application is attached as Appendix 2. Town of East Gwillimbury Official Plan The subject property is designated Oak Ridges Moraine Core Area by the Town s Official Plan. The Oak Ridges Moraine Core Area designation permits single detached dwellings and accessory structures. Zoning By-law The subject property is zoned Oak Ridges Moraine Core (ORMC), Oak Ridges Moraine Core Buffer (ORMCB), and Oak Ridges Moraine Countryside (ORMCS) in the Town s Zoning By-law 97-50, as amended. The Zoning By-law lists the total floor area maximum for detached garages as 80 square metres. The intent of the total floor area maximum requirement is to ensure consistent sizes for detached structures. This applicant has requested the relief in order to facilitate the storage of additional motor vehicles. Comments In determining whether a variance is minor, the Committee must have regard not only to the measurement of the variance but also to the following considerations: (i) Whether the variance is minor in nature The request for an increased total floor area maximum for a detached garage in the rear yard will not result in an abnormal massing appearance for this property. (ii) Whether it is appropriate and desirable for the development of the lands The existing surrounding land uses are single detached dwellings and accessory structures and agricultural operations. The proposed detached garage with an increased total floor area is considered appropriate development for this area. The minor increase in the total floor area maximum related to this property would not affect the rural residential nature of the property. (iii) Whether it maintains the general intent and purpose of the Official Plan Residential dwellings and accessory structures meet the general intent and purpose of the Town s Official Plan. (iv) Whether it maintains the general intent and purpose of the Zoning By-law Given the size and location of this property, it is staff s opinion that this minor increase in the total floor area maximum would maintain the intent of the Zoning By-law. Page 17 of 29

18 Development Services Report Minor Variance Application By S. Herzog April 30, 2014 Page 3 of 5 ATTACHMENTS Appendix 1 Location Map Appendix 2 Proposed Site Plan Prepared and Recommended by: Original report signed by Chris Cannon Planner Page 18 of 29

19 APPENDIX 1 Development Services Report Minor Variance Application By S. Herzog April 30, 2014 Page 4 of 5 GENERAL LOCATION Page 19 of 29

20 APPENDIX 2 Development Services Report Minor Variance Application By S. Herzog April 30, 2014 Page 5 of 5 SITE PLAN Page 20 of 29

21 COMMITTEE OF ADJUSTMENT Fernando Lamanna, Secretary-Treasurer x3821 April 16, 2014 NOTICE OF HEARING Re: Minor Variance Application A submitted by Roofmart (Canada) Limited for the property known as 224 Oriole Drive, Plan 16, Block 1, Part Blocks B, D, & E, Concession 1, W Part Lot 3 Roll No The owners of the above noted property have submitted an application for a minor variance to request relief from Section 28.2 (c) to legalize the construction of a temporary fabric structure to be used as a sales demonstration having a front yard setback of 12.9 metres, as shown on Schedule 1 attached, whereas the by-law requires a minimum front yard setback of 15.0 metres. A hearing, to receive public comments in support or in opposition to this application will be held on Wednesday, April 30 th, 2014 at 7:00 p.m., in the Council Chambers Leslie Street, Sharon. Any person who supports or opposes this application, but who is unable to attend the hearing, may make a signed, written submission which should include the reasons for support or opposition. Written submissions must be delivered to the Secretary-Treasurer prior Wednesday, April 23 rd, Written submissions can also be submitted at the hearing. Please include your printed name and full mailing address in your written submission. If you wish to be notified of the decision of the Committee of Adjustment in respect of the proposed minor variance, you must make a written request to the Secretary-Treasurer, Committee of Adjustment, Leslie Street, Sharon, Ontario L0G 1V0. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to the Committee of Adjustment before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If more information is required, contact the Secretary-Treasurer for the Committee of Adjustment for assistance at (905) Ext or by at flamanna@eastgwillimbury.ca. Original signed by Fernando Lamanna Secretary-Treasurer Committee of Adjustment Our town, Our future Leslie Street, Sharon, Ontario L0G 1V0 Tel: Fax: Page 21 of 29

22 Oriole Dr Sluse Rd Holland Landing Rd Ê Page 22 of 29

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25 To: DEVELOPMENT SERVICES REPORT P Committee of Adjustment Date: April 30 th, 2014 Subject: Origin: RECOMMENDATIONS Minor Variance Application by Roofmart (Canada) Limited 224 Oriole Drive Part of lot 111, Concession 1 WYS Plan 16, Block 1, Part Blocks B, D, & E [File: A.06.14] Development Services Department 1. THAT the Minor Variance requested by Roofmart (Canada) Limited [File: A.06.14] for relief from Section 28.2 (c), front yard setback of the Town s Zoning By-law to facilitate the construction of a temporary fabric structure with front yard setback of 12.9 metres, be approved. PURPOSE The purpose of this report is to provide information and make a recommendation regarding the Minor Variance application by Roofmart (Canada) Limited. The Minor Variance application proposes relief from the front yard setback requirement to facilitate the construction of a temporary fabric structure. BACKGROUND Location The subject property, is located on the north side of Oriole Drive, west of Sluse Road in the Community of Holland Landing. The location of this property is shown on Appendix 1 of this report. DISCUSSION AND ANALYSIS Proposal A variance has been requested to decrease the front yard setback requirement to 12.9 metres to facilitate the construction of a temporary fabric structure on the subject property. The applicant has applied to decrease the front yard setback requirement whereas Section 28.2 (c) of Zoning By-law No , as amended, requires the front yard setback minimum of 15 metres. A copy of the plan submitted in support of this application is attached as Appendix 2. Page 25 of 29

26 Development Services Report Minor Variance Application By Roofmart April 30, 2014 Page 2 of 5 Town of East Gwillimbury Official Plan The subject property is designated General Employment Area by the Town s Official Plan. The General Employment Area designation permits Industrial uses, buildings and structures. Zoning By-law The subject property is zoned General Industrial (M2) in the Town s Zoning By-law 97-50, as amended. The Zoning By-law lists the front yard setback minimum as 15 metres. The intent of the front yard setback requirement is to ensure consistent yard setbacks for structures. This applicant has requested the relief in order to facilitate the construction of a temporary fabric structure. Comments In determining whether a variance is minor, the Committee must have regard not only to the measurement of the variance but also to the following considerations: (i) Whether the variance is minor in nature The request for a decrease of the front yard setback for a temporary fabric structure will not result in an abnormal massing appearance for this property. (ii) Whether it is appropriate and desirable for the development of the lands The existing surrounding land uses are residential to the south and industrial operations to the north and west. The proposed temporary fabric structure with a decreased front yard setback is considered appropriate development for this area. The minor decrease in the front yard setback related to this property would not affect the industrial nature of the property. (iii) Whether it maintains the general intent and purpose of the Official Plan Industrial structures meet the general intent and purpose of the Town s Official Plan. (iv) Whether it maintains the general intent and purpose of the Zoning By-law Given the size and location of this property, it is staff s opinion that this minor decrease in the front yard setback minimum would maintain the intent of the Zoning By-law. ATTACHMENTS Appendix 1 Location Map Appendix 2 Proposed Site Plan Page 26 of 29

27 Development Services Report Minor Variance Application By Roofmart April 30, 2014 Page 3 of 5 Prepared and Recommended by: Original report signed by Chris Cannon Planner Page 27 of 29

28 APPENDIX 1 Development Services Report Minor Variance Application By Roofmart April 30, 2014 Page 4 of 5 GENERAL LOCATION Page 28 of 29

29 APPENDIX 2 Development Services Report Minor Variance Application By Roofmart April 30, 2014 Page 5 of 5 SITE PLAN Page 29 of 29