liiiiii COMMITTEE OF ADJUSTMENT AGENDA APRIL 9, 2015AT1:30 P.M. 7 Approved

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1 - ISSISSAUGA a liiiiii Location: Hearing: COITTEE OF ADJUSTENT AGENDA COUNCIL CHABER APRIL 9, 2015AT1:30 P.. 1. CALL TO ORDER 2. DISCLOSURES OF DIRECT OR INDIRECT PECUNIARY INTEREST 3. REQUESTS FOR WITHDRAWAL/DEFERRAL File Name of Applicant NEW APPLICATIONS -(CONSENT) B-17/15 ROCKFAY DEVELOPENTS INC Location of Land 255 QUEENSWAYW Ward Disposition 7 Approved NEW APPLICATIONS - (INOR VARIANCE) A-177/15 A-178/15 KOAL JAIN KINGS ILL DEVELOPENT INC 363 RIEL DR 170, 180 & 190 RUTLEDGE ROAD 7 Approved 3 Years 11 ay 14 A-179/15 A-180/15 A-181/15 AAGON DEVELOPENT (CITY CENTRE) CORP. KUZZINS PROPERTY INVESTENTS INC SOUTHCO LIITED 4065 & 4099 BRICKSTONE EWS & 4070 CONFEDERATION PARKWAY 1215 HURONTARIO ST 2227 SOUTH ILLWAY 4 Approved Approved 1 Year 8 Approved C:\Useralmarfa~ppDala\localWlcrosofl\Windows\Temporal'f lnlemel Flles\Conlenl.Oullook\OW1 FOTRZ\Dlsp BA130.doc: 2015/04/1 o; 9: 06:07 A Page: 1 of 1

2 File: "B" 017 /15 WARD7 COITTEE OF ADJUSTENT IN THE ATTER OF SECTION 50(3) AND/OR (5) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE ATTER OF AN APPLICATION BY ROCKFAY DEVELOPENTS INC on Thursday April 9, 2015 Rockfay Developments Inc is the owner of Part of Lot 15, Range 2, SDS, located ahd known as 255 Queensway West, zoned R3-63, Residentfal. The applicant requests the consent of the Committee to the conveyance of a parcel of land having a frontage of approximately m (43.30 ft.) and an area of approximately m 2 (6, sq. ft.). The effect of the application is to create a new lot for residential purposes fronting onto Antigua Road. s. A. Beaumont, a representative of the authorized agent, attended and presented the application to convey a parcel of land for the creation of a new residential property. s. Beaumont advised the Committee that the proposal was identical to a previous application that the Committee had approved. She explained that the conditions of provisional Consent had not been fulfilled within the required statutory time and therefore the approval had lapsed. She requested for the application to be approved to allow her client to resume fulfilling these conditions. The Committee reviewed the information submitted with the application. The Committee received comments and recommendations from the following agencies:. City of ississauga, Planning and Building Department (April 2, 2015), City of ississauga, Transportation and Works Department (April 2, 2015), City of ississauga, Community Services Department, Park Planning (April 7, 2015), Region of Peel, Environment, Transportation and Planning Services (April 7, 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. s. Beaumont consented to.the imposition of the proposed conditions. The Committee, after considering the submissions put forward by s. Beaumont, 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. Page 1of3

3 ISSISSauGa File: "B" 017 /15 WARD7 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 ississauga, anager 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. 4. A letter shall be received from the City of ississauga, Transportation and Works Department, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated April 2, A letter shall be received from the City of ississauga, Community Services Department, indicating that satisfactory arrangements have been made with respect tb the matters addressed in their comments dated April 7, 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 7, Page 2 of 3

4 ~ File: "B" 017 /15 WARD7 OVED BY: D. George SECONDED BY: S. Patrizio CARRIED Application Approved on conditions as stated. Dated at the City of ississauga on April 16, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO UNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COITTEE OF ADJUSTENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOPANIED WITH THE PRESCRIBED FEE ON OR BEFORE AY 10, Date of mailing is April 20, R. BENNETT (CHAIR) P'.J. THOAS ABSENT D.KENNEDY L. DAHONICK J. ROBINSON I certify this to be a true copy of the Committee's decision given on April 16, NOTES: The decision to give provisional consent shall be deemed to be re.fused if th~ conditions of provisional consent, have not been fulfilled on or before April 20, See "SUARY OF APPEAL PROCEDURES" and "FULFILLING CONDITIONS & CERTIFICATE ISSUANCE" attached.. Page 3 of 3

5 File: "A" 177 /15 WARD? COITTEE OF ADJUSTENT IN THE ATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE ATTER OF ZONING BY-LAW as amended - and - IN THE ATTER OF AN APPLICATION BY KOAL JAIN on Thursday April 9, 2015 Koma! Jain is the owner of Lot 25, Registered Plan -678, located and known as 363 Riel Drive, zoned R5-ll, Residential. The applicant requests the Committee to authorize a minor variance to permit the establishment of a resident dental office within the existing dwelling proposing a total of 4 parking spaces provided on site; whereas By-Jaw , as amended, requires a total of 5 parking spaces on site for the residential and office use in this instance. r. H. Dell, authorized agent, attended and presented the application to permit the operation of a resident dentist office within the dwelling on the subject property. r. Dell advised the Committee that the dentist that would operate within the dwelling wouli;i also live there with his family and would require one (1) parking space in the evening after the dental office had closed. He confirmed that the office would employ a maximum of two (2) people and would have a maximum of two (2) clients attending the site at any time for a total parking requirement of four (4) parking spaces during the operational hours of the office. r. Dell stated that the dental office would operate from 9:00am until 5:00pm. It was r. Dell's opinion that a parking utilization study would not be required as the deficiency was for only one (1) space. The Committee reviewed the information and plans submitted with the application. The City of ississauga Planning and Building Department commented as follows (April 2, 2015): "1.0 RECOENDATION The Planning and Building Department recommends that the applic~tion be deferred for the applicant to submit the requested Parking Justification Letter. 2.0 BACKGROUND ississauga Official Plan Character Area: Designation: Fairview Neighbourhood Residential Low Density II Zoning By-law Zoning: "RS-11", Residential 3.0 OTHER APPLICATIONS [8J Building Permit File: BP Page 1of4

6 ~ Certificate of Occupancy File: C File: "A" 177 /15 WAR COENTS Based on a review of the Building Permit application, we advise that the variance request should be amended as follows: "... to permit the establishment of a resident dentist within the existing detached dwelling proposing a total of 4 parking spaces provided on site; whereas By-law , as amended, requires a total of 5.0 spaces for office and detached dwelling, in this instance." We advise that a Parking Justification Letter that satisfactorily justifies the requested reduction in parking is required. Until we are in receipt of this information, we cannot determine the appropriateness of the requested variance. Based 6n the preceding information, we recommend that the application be deferred." The City of ississauga Transportation and Works Department commented as follows (April 1, 2015): "Information submitted with this application indicates that the applicant is requesting a minor variance to permit the establishment of a dental office within the existing dwelling proposing a total of 4 parking spaces, whereas 5 parking spaces are required. The sketch plan submitted indicates that there will be 2 parking spaces on the driveway and we assume the other 2 spaces will be inside the garage. The subject property is located on a corner lot located at the intersection of Riel Drive and Confederation Parkway which is a signalized intersection and in this regard there is no available on street parking directly in front of the dwelling. From our recent site inspection of this property we also note that there is a very limited supply of on-street parking available on Riel Drive. From the information submitted with this application we also question how many parking spaces will be required for any residents of the dwelling and also how many employees in addition to the Dentist will require a parking space." Th~ Region of Peel, Environment, Transportation and Planning Services, commented as follows (April 7, 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. Please note that site servicing approvals will be required prior to building permit." A memorandum was received from Ward Councillor lannicca, expressing concerns for the subject application. A letter was received from C.H. Wang, a resident of 355 Riel Drive, stating an objection to the subject application. A letter was received from A. & 0. Fernandes, residents of 235 a edonia Crescent, stating their objection to the subject application.. A letter was received from F. & J. Chung, residents of 359 Riel Drive, stating their objection to the subject application. s.. Ramalakshmi, an owner of.362 Riel Drive, attended and expressed her concerns with possible street parking and traffic circulation adjacent to the Riel Drive I Confederation Parkway intersection. No other persons expressed any interest in the application. r. Dell upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their Page 2 of 4

7 File: "A" 177/15 WARD7 recommendations. He noted that the driveway could not be widened to accommodate an additional parking space because of the unique shape of the property. The Committee consented to the request and, after considering the submissions put forward by r. De-II and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate temporary use of the subject property. The Committee was satisfied that the reduction of one (1) parking space would not necessitate a parking utilization study. They noted that r. Dell had demonstrated that a maximum of four (4) parking spaces would be required during the operational hours of the dental office. 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

8 File: "A" 177/15 WARD? Accordingly, the Committee resolves to authorize and grant the amended request to permit the establishment of a resident dentist within the existing detached dwelling proposing a total of 4 parking spaces provided on site; whereas By-law , as amended, requires a total of 5.0 spaces for office and detached dwelling, in this instance. This decision is valid for a temporary period of three (3) years and shall expire and terminate on or before April 30, OVED BY: D. George SECONDED BY: J. Thomas CARRIED Application Approved, as amended. Dated at the City of ississauga on April 16, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO UNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COITTEE OF ADJUSTENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE, APPEAL, ACCOPANIED WITH THE PRESCRIBED FEE ON OR BEFORE AY 6, Date of mailing is April 20, 2015., R. BENNETT (CHAIR) p.thoas D. KENNEDY L. DAHONICK ABSENT J. ROBINSON I certify this to be a true copy of the Committee's decision given on April 16, A copy of Section 45 of the Planning Act, as amended, is attached. DAVID L. ARTIN, SECRETARY-TREASURER NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of ississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 4 of4

9 File: "A" 179/15 WARD4 COITTEE OF ADJUSTENT IN THE ATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE ATTER OF ZONING BY-LAW as amended - and - IN THE ATTER OF AN APPLICATION BY AACON DEVELOPENT (CITY CENTRE) CORP on Thursday April 9, 2015 Amacon Development (City Centre) Corp. is the owner of Peel Standard Condominium Plans 946, 954 and 963 formerly Block 4, Registered Plan -1808, located and known as 4065 & 4099 BRICKSTONE EWS and 4070 Confederation Parkway, zoned CC4-3. The applicant requests the Committee to authorize a minor variance to permit the development of a 3 phased mixed use commercial and residential development on the subject property proposing: 1. a total of 315 parking spaces for all uses on site; whereas By-law , as amended, requires a total of 408 parking spaces for all uses on site in a CC4-3, City Centre zone in this instance; and, 2. a total of 315 parking spaces for all uses on site; whereas By-law , as amended by By-law , requires a total of 346 parking spaces for all uses on site in a CC4-3, City Centre zone in this instance. r. D. Hunwicks, the authorized agent, attended and presented the application to permit the construction of a three phased mixed used development on the subject property providing a parking shortfall for all uses on site. r. Hunwicks noted that the subject application was identical to an application that the Committee had previously approved. He explained that there was a misunderstanding of the nature of the application. and that the wording of the approval did not accurately reflect the intended development. The Committee reviewed the information and plans submitted with the application. The City of ississauga Planning and Building Department commented as follows (April 2, 2015): "1.0 RECOENDATION The Planning and Building Department has no objection to the requested variances, as amended, subject to the conditions outlined below. 2.0 BACKGROUND ississauga Official Plan Character Area: Designation: Downtown Core Downtown ixed Use Zoning By-law Zoning: "CC4-3", City Centre Page 1of4

10 3.0 OTHER APPLICATIONS File: "A" 179/15 WARD4 No other applications currently in process. 4.0 COENTS Based on a review of the minor variance application, we advise that variance #2 should be amended as follows: "2. a total of 315:parking spaces for all uses on site; whereas By-law , as amended by By-law , requires a total of 350 parking spaces for all uses on site in a CC4-3, City Centre zone in this instance.'_' We note that the Committee previously approved a similar variance for the subject property under 'A' 337/14. A Parking Justification Letter was submitted in support of the application, and staff supported the request, subject to conditions, outlining maximum gross floor areas for certain uses. We note that the subject request is similar to the previous request, but for increased clarity on the maximum gross floor area calculations, we recommend the following conditions: 1. a maximum of 705 m 2 (7,588 sq. ft.) gross floor area - non-residential for restaurant uses; 2. a maximum of 1,060 m 2 (11,410 sq. ft.) gross floor area - non-residential for bank/financial uses; and 3. a maximum of 1,220 m 2 (13,132 sq. ft.) gross floor area - non-residential for medical uses." The City of ississauga Transportation and Works Department commented as follows (April 1, 2015): "We note for Committee's information that the City is currently processing a Site Plan Application for this property, Reference SP 07 /50. Transportation and Works Department concerns/requirements for this property will be addressed through the Site Plan Process." No other persons expressed any interest in the application. r. Hunwicks 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 subrnissions put forward by r. Hunwicks 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 2 of 4

11 File: "A" 179/15 WARD4 Accordingly, the Committee resolves to authorize and grant the amended request permit the development of a 3 phased mixed use commercial and residential development on the subject property proposing: 1. a total of 315 parking spaces for all uses on site; whereas By-law , as amended, requires a total of 408 parking spaces for all uses on site in a CC4-3, City Centre zone in this instance; and, 2. a total of 315 parking spaces for all uses on site; whereas By-law , as amended by By-law , requires a total of 350 parking spaces for all uses on site in a CC4-3, City Centre zone in this instance. This decision is subject to the following conditions: 1. There shall be a maximum of m 2 (7, sq. ft.) gross floor area - nonresidential for restaurant uses. 2. There shall be a maximum of 1, m 2 (11, sq. ft.) gross floor area - nonresidential for bank/financial uses. 3. There shall be a maximum of 1, m 2 (13, sq. ft.) gross floor area - nonresidential for medical uses. Page 3 of 4

12 ISSISSauGa OVED BY: J. Robinson SECONDED BY: S. Patrizio CARRIED File: "A" 179/15 WARD4 Application Approved, as amended, on conditions as stated. Dated at the City of ississauga on April 16, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO UNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COITTEE OF ADJUSTENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOPANIED WITH THE PRESCRIBED FEE ON OR BEFORE AY 6, Date of mailing is April 20, S.PA~ D.GEOR~-._ R. BENNETT (CHAIR) p/thoas D.KENNEDY L. DAHONICK ABSENT J. ROBINSON I certify this to be a true copy of the Committee's decision given on April 16, 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 ississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 4 of 4

13 File: "A" 180/15 WARDl COITTEE OF ADJUSTENT IN THE ATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE ATTER OF ZONING BY-LAW as amended - and - IN THE ATTER OF AN APPLICATION BY KUZZINS PROPERTY INVESTENTS INC on Thursday April 9, 2015 Kuzzins Property Investments Inc is the owner of Part of Lot 2, Range 1, CIR, located and known as 1215 Hurontario Street, zoned Cl, Commercial. The applicant requests the Committee to authorize a minor variance to continue to permit the outdoor display and sale of seasonal products in an area in front of the food store, as previously approved pursuant to Committee of Adjustment File "A" 298/06; whereas By-law , as amended, does not make any provision for such a use in a Cl, Commercial zone in this instance. s. A. Beaumont, a representative of the authorized agent, attended and presented the application to permit the continued operation of a garden centre ancillary to the existing grocery store on the subject property. s. Beaumont advised the Committee that a portion of the garden centre would be located on approximately six (6) parking spaces. s. Beaumont confirmed that the property was subject to an active Site Plan Approval application to allow for the expansion and reconfiguration of the mixed use development on the property. She noted that a parking study had been conducted pursuant to a previous inor Variance application to facilitate the proposed redevelopment and that the study confirmed that the proposed parking supply would be sufficient for all uses on site. s. Beaumont suggested that the further reduction of the number of spaces to allow for the garden centre was appropriate and noted that the reduction would occur temporarily and only during the summer months. The Committee reviewed the information and plans submitted with the application. The City of ississauga Planning and Building Department commented as follows (April 2, 2015): "1.0 RECOENDATION The Planning and Building Department has no objection to the requested variance, as amended, subject to a temporary approval of one year. 2.0 BACKGROUND ississauga Official Plan Character Area: Designation: ineola Neighbourhood Convenience Commercial Zoning By-law Zoning: "Cl", Convenience Commercial Page 1of4

14 3.0 OTHER APPLICATIONS r8j Site Plan File: SP 14-3 Wl File: "A" 180/15 WARDl 4.0 COENTS Based on a review of the minor variance application, we advise that the variance request should be amended as follows: "The applicant requests the Committee to authorize a minor variance to permit a Garden Centre use on the subject property; whereas By-Jaw , as amended, does not permit such a use in this instance." We note that the Committee previously approved similar minor variance requests under 'A' 298/06 and 'A' 429/03. At the time, this Department stated that we had no objection to the requests, subject to a condition that the applicant maintains the property in a neat and orderly manner. Further, we note that the Committee approved a minor variance application for the subject property under 'A' 203/14 to permit a restaurant use within the existing commercial plaza providing no additional parking and within 60 m ( ft.) of a residential zone whereas the By-law requires parking at a rate of 16.0 spaces per 100 m 2 ( sq. ft.) and requires a 60 m ( ft.) separation distance to a residential zone. In support of the parking variance request, the applicant submitted a Parking Utilization Study. Staff supported the conclusions of the study and recommended conditions to limit the gross floor area of certain uses, but stated that the study did not include a garden centre use on the property. The agent confirmed that there would not be a garden centre operation. Based on the site plan provided with the minor variance application, it appears that the proposed garden centre would be located on eight of the existing parking spaces. We advise that there is a current Site Plan application in process for the subject property for additions to the existing building. This would result in an increased floor area, new retail and restaurant tenants and a reconfiguration of the parking lot. In consideration of the current request, which would reduce parking on the site, the Site Plan currently in process and the previous approval of 'A' 203/14, it is our opinion that parking on the site should be monitored to ensure that there will be sufficient parking on-site. Therefore, should Committee see merit in the application, we recommend that it be approved for a temporary period of one year." The City of ississauga Transportation and Works Department commented as follows (April 1, 2015): "This department has no objections to the applicant's request to continue to permit the outdoor display and sale of seasonal products on the subject property." Credit Valley Conservation commented as follows (April 7, 2015): "PROPOSAL: The applicant requests the Committee to authorize a minor variance to continue to permit the outdoor display and sale of seasonal products in an area in front of the food store, as previously approved pursuant to Committee of Adjustment File "A" 298/06; whereas By-Jaw , as amended, does not make any provision for such a use in a Cl, Commercial zone in this instance. SITE CHARACTERISTICS: ONT ARIO 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 Page 2 of 4

15 File: "A" 180/15 ISSISSauGa WARDl the prior written approval of Credit Valley Conservation (CVC) (i.e. the issuance of a permit). The property is regulated as it is within the flood hazard associated with ary Fix Creek. Floodplain: The subject property is located partially within the Regulatory Storm Flood Plain. A permit may be required from CVC for any construction activity in this area. Our primary concern is the protection of life and property from the flood hazard. We have specific criteria and requirements for construction in the flood plain. COENTS: Recognizing that the effect of this proposal is to allow for the continued seasonal use of a portion of the parking area as a garden center, CVC staff have no objection to the approval of this application by the Committee. Be advised, based on current mapping the proposed garden center appears to fall partially within the flood hazard associated with ary Fix Creek. It is recommended the garden center be located outside the flood hazard. Please note, that this property is partially within a eve Regulated Area and any future proposed works may require a permit from this Authority." r. J. Lee, a Planner for the Planning and Building Department, attended and indicated that the Site Plan Approval had not been finalized and that additional parking spaces may be deleted from the property through this process. No other persons expressed any interest in the application. s. Beaumont 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 s. Beaumont and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate temporary use of the subject property. The Committee indicated that a temporary approval was appropriate to monitor the parking availability as additional parking spaces were proposed to be encumbered by the garden centre. They noted that the previous parking utilization study referred to by s. Beaumont was not appropriate to be used as a tool of evaluation for the current proposal as the study did not contemplate a garden centre on the property. It was the Committee's opinion that the proposed parking configuration would be sufficient to accommodate the parking requirement of all uses on site. 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 of4

16 File: "A" 180/15 WARDl Accordingly, the Committee resolves to authorize and grant the amended request to permit a Garden Centre use on the subject property; whereas By-law , as amended, does not permit such a use in this instance. This decision is valid for a temporary period of one (1) year and shall expire and terminate on or before April 30, 2016 and is subject to the following conditions: 1. The garden centre shall be operated from ay 1 until July A maximum of eight (8) parking spaces may be encumbered by the garden centre activities. OVED BY: D. George SECONDED BY: S. Patrizio CARRIED Application Approved, as amended, on conditions as stated. Dated at the City of ississauga on April 16, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO UNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COITTEE OF ADJUSTENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOPANIED WITH THE PRESCRIBED FEE ON OR BEFORE AY 6, Date of mailing is April 20, S.PAiif/fr ~t- R. BENNETT (CHAIR) tzthoas.~~-... D. KENNEDY. L. DAHONICK ABSENT J. ROBINSON I certify this to be a true copy of the Committee's decision given on April 16, DAVID L. ARTIN, 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 ississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 4 of4

17 File: "A" 181/15 WARDS COITTEE OF ADJUSTENT IN THE ATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.p.13, as amended - and - IN THE ATTER OF ZONING BY-LAW as amended - and - IN THE ATTER OF AN APPLICATION BY SOUTHCO LIITED on Thursday April 9, 2015 Southcom Limited is the owner of Part of Lots C and D, Registered Plan -160, located and. known as 2227 South illway, zoned 0, Office. The applicant requests the Committee to authorize a minor variance tolpermit the establishment of a medical office use within Suite 104 of the subject building proposing a total of 117 parking spaces for all uses on site; whereas By-law , as amended, requires a minimum of 143 parking spaces for all uses on site in this instance. s. A. Beaumont, a representative of the authorized agent, attended a.nd presented the application to permit the operation of a new medical office within the building on the subject property proposing a parking deficiency for all uses on site. s. Beaumont advised the Committee that the subject property had two (2) parking lots; one parking area surrounding the building and a second lot located on the southerly portion of the property. s. Beaumont confirmed that she had attended the site and noted that the southerly lot was underutilized resulting in a surplus in available parking for all uses on site. She displayed photographs of the underutilized lot to corroborate her statement. s. Beaumont noted that the subject property was located near a large public transportation station and that patrons that used public transit to attend the site would not require parking. s. Beaumont outlined the uses in each of the units within the building and their respective floor areas. She confirmed that two units in the building were vacant. The Committee reviewed the information and plans submitted with the application. The City of ississauga Planning and Building Department commented as follows (April 2, 2015): "1.0 RECOENDATION The Planning and Building Department recommends that the application be deferred for the applicant to submit the requested Parking Utilization Study. 2.0 BACKGROUND ississauga Official Plan Character Area: Designation: South Common Community Node Office Zoning By-Jaw Zoning: "O", Office Page 1of3

18 3.0 OTHER APPLICATIONS ~ Certificate of Occupancy File: C File: "A" 181/15 WARDS Based on a review of the Certificate of Occupancy application, we advise that the variance as requested is correct. We advise that a Parking Utilization Study that satisfactorily justifies the requested reduction in parking is required. Until we are in receipt of this information, we cannot determine the appropriateness of the requested variance. Based on the preceding information, we recommend that the application be deferred." The City of ississauga Transportatioh and Works Department commented as follows (April 1, 2015):. "This Department has no objections, comments or requirements with respect to C.A. 'A' 181/15." r. J. Lee, a Planner for the Planning and Building Department, attended and confirmed that the introduction of the new medical office use increased the parking requirement of the property beyond the threshold of what could b.e provided on site. The Committee after considering the submissions put forward by s. Beaumont 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 was satisfied that the southerly parking lot was underutilized and that the property could accommodate a parking demand increase resultant from the new medical office use. They noted that additional signage and delineating of the individual parking spaces would be required to improve the functionality of this parking area. 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 mrnor in nature in this instance. Page 2 of 3

19 File: "A" 181/15 WARDS Accordingly, the Committee resolves to authorize and grant the request as presented subject to the following conditions: 1. The applicant shall install and maintain signage on the property to advise patrons of the property of the availability of parking within the southerly parking lot area to the satisfaction of the Transportation and Works Department. 2. The applicant shall delineate and maintain the individual parking spaces within the southerly parking lot area to the satisfaction of the Transportation and Works Department. OVED BY: S. Patrizio SECONDED BY: J. Robinson CARRIED Application Approved on conditions as stated. Dated at the City of ississauga on April 16, THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO UNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COITTEE OF ADJUSTENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOPANIED WITH THE PRESCRIBED FEE ON OR BEFORE AY 6, Date of mailing is April 20, D~... R. BENNETT (CHAIR) D.KENNEDY L. DAHONICK ABSENT J. ROBINSON I certify this to be a true copy of the Committee's decision given on April 16, DAVID L. ARTIN, SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached. N'OTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of ississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. Page 3 of 3