COMMITTEE OF ADJUSTMENT MEETING MINUTES APPROVED March 27, 2018 7:00 P.M. PRESENT: M. Telawski (chair) M. Charlebois J. Hardcastle STAFF: J. Radomirovic, Assistant Secretary Treasurer K. Mihaljevic, Committee of Adjustment Planner REGRETS: S. Mikhail DECLARATION OF PECUNIARY INTEREST: None CONFIRMATION OF MINUTES There were no minutes available at this meeting. PLEASE NOTE The items in these minutes are not necessarily in the order discussed and are a general overview of the issues discussed. Meeting agendas, notices, drawings and decisions will be available on-line at: https://securepwa.oakville.ca/sirepub/mtgviewer.aspx?meetid=3252&doctype=agenda This meeting will be live streamed and available for future viewing at: http://www.oakville.ca/live%5cindex.html READING OF PREAMBLE The chair called the meeting to order at 7:00 p.m. and read the preamble was read by Mr. Charlebois. Furthermore, the time constraints for applicants and audience members were outlined. Note: Submissions for the applicant/agent shall be limited to five (5) minutes and submissions from members of the public shall be limited to five (5) minutes. Submissions beyond the indicated limits shall be at the discretion of the committee.
REQUEST FOR DEFERRAL OR WITHDRAWAL OF AN APPLICATION 5.1 None OWNER/APPLICANT AGENT LOCATION OF LAND GURPREET SAGGU 392 TENNYSON DR OAKVILLE ON, L6L 3Z1 KEEREN DESIGN INC. 100 BRONTE RD UNIT 10 OAKVILLE ON, L6L 6L5 PLAN 852 LOT 106 392 TENNYSON DR TOWN OF OAKVILLE The purpose of the application is to permit the proposed construction of a new two storey detached dwelling on the subject property. Present Representing Application Joris Keeren, Keeren Design Inc., 100 Bronte Road, Unit 10, Oakville, ON L6L 6L5 Agent Request for Deferral The agent requested a deferral of application CAV A/047/2018 to allow for time to address staff comments. Motion to Defer Application CAV A/047/2018 A motion was made to defer application CAV A/047/2018 as applied for. Opposed to Motion to Approve Application CAV A/047/2018 None COMMITTEE DECISION CAV A/047/2018 THAT the request for variance made under Section 45(1) of the Planning Act has been deferred to permit the proposed construction of a new two storey detached dwelling on the subject property with the following variances: # Zoning By-law 2014-014 requirements RL2-0 1 Section 5.8.6 b) For detached dwellings on lots having greater than or equal to 12.0 metres in lot frontage, the maximum total floor area for a private garage shall be 45.0 square metres. 2 Section 6.4.2 a) Row RL2 The maximum lot coverage shall be 25% (261.25m 2 ) where the detached dwelling is greater than 7.0 metres in height. (Lot Area is 1045.00m 2 ) Variance request To permit the maximum total floor area for the private garage to be 52.0 square metres on a lot having greater than or equal to 12.0 metres in lot frontage. To permit a lot coverage of 26.90% (281.11m 2 ) for the detached dwelling which is greater than 7.0 metres in height. 2
3 Section 6.4.6 c) The maximum height shall be 9.0 metres. To permit a maximum height of 9.1 metres. MOTION TO DEFER CARRIED 5.2 CAV A/045/2018 OWNER/APPLICANT AGENT LOCATION OF LAND JOHN BUREGA 288 WILLIAM ST OAKVILLE ON, L6J 1E4 KRZYSZTOF OLAK OM ARCHITECTURE INC. 2078 WILLIAM O'CONNELL ROAD BURLINGTON ON, L7M 3T8 PLAN 1 BLK 29 PT LOT A 288 WILLIAM ST TOWN OF OAKVILLE The purpose of the application is to permit the proposed addition to the existing detached dwelling on the subject property. Planning Recommendation Planning staff are requesting a deferral of application CAV A/045/2018 at no cost to the applicant to allow for a heritage review and conversations to continue. Staff have met with the applicant to discuss issues and discussions are ongoing. Present Representing Application Krzysztof Olak, OM Architecture Ins., 2078 William O Connell Road, Burlington, ON L7M 3T8. Call for Public Deputation The chair asked whether there was anyone in attendance either in support of or in opposition to application CAV A/045/2018. A show of hands indicated that there was none. Agent Overview The agent confirmed that he was in support of planning s request for a deferral of application CAV A/045/2018. Motion to Defer Application CAV A/045/2018 A motion was made to defer application CAV A/045/2018 as applied for. Opposed to Motion to Approve Application CAV A/045/2018 None COMMITTEE DECISION CAV A/045/2018 THAT the request for variance made under Section 45(1) of the Planning Act has been deferred to permit the proposed addition to the existing detached dwelling on the subject property with the following variances: 3
# Zoning By-law 2014-014 requirements RL3 SP 11 1 Section 5.8.6 For detached dwellings on lots having greater than or equal to 12.0 metres in lot frontage, the maximum total floor area for a private garage shall be 45.0 square metres. 2 Table 6.3.1 The minimum rear yard shall be 7.5m. 3 Section 15.11.1 b) The minimum interior side yard shall be 2.4m. 4 Section 15.11.1 c) The maximum lot coverage for all buildings shall be 25% (Lot area is 738.24m 2 x 25% = 221.47m 2 ). 5 Section 15.11.1 h) The maximum residential floor area for a dwelling having two or more storeys shall be 30% of the lot area (221.47m 2 ). Variance request To permit the maximum total floor area for the private garage of 49.14 square metres. To permit a minimum rear yard of 3.04m. To permit a minimum interior side yard of 0.56m. To permit a maximum lot coverage of 34.81% (257.00m 2 ). To permit the maximum residential floor area for a dwelling having two or more storeys to be 38.52% of the lot area (284.39m 2 ). CONSENT APPLICATIONS MOTION TO APPROVE CARRIED 6.1 B18/01 (1614) OWNER/APPLICANT AGENT LOCATION OF LAND KIERAN MCCOURT 254 CAROLYN DRIVE OAKVILLE, ON L6K 3M5 WEIR FOULDS 1525 CORNWALL ROAD, SUITE 10 OAKVILLE, ON L6J 0B2 PLAN 347 PART LOTS 156 AND 157 254 CAROLYN DRIVE OAKVILLE, ON The purpose of the application is to permit the proposed creation of a new lot on the subject property. Present Representing Application Denise Baker, Weir Folds, 1525 Cornwall Road, Suite 10, Oakville, ON L6J 0B2 Planning Recommendation Planning staff recommend approval of application B18/01 (1614) subject to the conditions set out in Appendix A. Call for Public Deputation The chair asked whether there was anyone in attendance either in support of or in opposition to this application. A show of hands indicated that there was. 4
Agent Overview The agent provided the following overview of the application: Property is zoned RL3-0in 2014.014. This was the zoning by-law that was put in place to implement Livable Oakville and its policies. Requesting consent for two new lots. Severed lot having 558.7sqm with a frontage of 21.79m and a retained lit of 633.2sqm with a frontage of 21.59m. This is a demonstration of gentle intensification. Planning and regional staff note that the subject application is consistent with the Provincial Policy Statement and conforms to the growth plan. Proposed lots comply with the RL-3 regulations and are compatible with the surrounding lot. Municipal trees are that area currently being treated for emerald ash borer will be maintained. Driveway locations have been designed to preserve the trees. Public Deputations Gordon Petch, 251 Carolyn Drive spoke in opposition noting the following concerns: Presented the committee with written submissions which included a concept plan showing what two homes would look like on these new lots. As you can see, I will lose my backyard. This will also happen to the home on Highland and Carolyn. Don t want homes in this area to not have a backyard. The official plan requires that they conform to all relevant policies. This is not compatible with adjacent lots. It does not maintain the existing neighbourhood structure. This is an invasion into an established neighbourhood. Carol McMahon, 244 Carolyn Drive, spoke in opposition noting the following concerns: Agree with Mr. Petch s concerns. Also concerned with water damage and drainage. Our neighbourhood has an underground stream. We have had to install sump pumps. If approved, we will be looking at a brick wall. Ed Howell, 245 Carolyn Drive, spoke in opposition noting the following concerns: Fourteen of the 20 neighbours are in opposition to this application. This is not compatible with the surrounding fabric at all. My privacy and the nature light to my property will be negatively affected. The well-being of trees will be jeopardized. Also concerned with drainage. I too have installed a sump pump. 5
Demolishing the pool will also have ramifications. Not compatible with adjacent properties. Committee Response The committee had the following in response to the neighbours concerns: There are other lots in the area that are similar in size and there are another four lots that are up for severance. Water damage and drainage will be satisfied with the site alteration permit requirements. Both of these lots will be subject to site plan approval. The footprint depicted on the submission is larger than what would be built in reality. The diagram would violate the by-laws and is not a fair representation. There is no requirement on the part of the developer to show us what will be built on these lots. Agent Response The agent had the following in response to the neighbours concerns: I too have the same concerns with the use of the diagram submitted. It is clear that homes can be built on these lots with any need for variances. This has been characterized as a stable neighbourhood but stable is not equated with static. Both lots require site plan approval which will deal with natural light and shading. Any drainage issues including those from the demolition of the pool will be satisfied with the site alteration permit. Pools are filled in all the time in Oakville. Lots of lots have sump pumps in Oakville and this is not part of this committee jurisdiction. These lots are compatible with others in the neighbourhood. Motion to Approve Application B18/01(1614) A motion was made to approve application B18/01(1614) Satisfied that the matters set out under Section 51(24) pf the Planning Act, R.S.O. 1990, as amended, the application conforms to the Official Plan and zoning by-law. The committee considered the public interest for the proposed application. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application B18/01(1614) None COMMITTEE DECISION B17/08 (1611) That the Committee of Adjustment considered the public concerns for the proposed creation of a new lot. Notwithstanding the Committee having considered the matters set out under Section 51(24) of the Planning Act, R.S.O. 1990, as amended, and as the 6
application conforms to the Official Plan and Zoning By-law, the Committee recommends that the application be approved subject to the following conditions: SCHEDULE A This is Schedule A attached to and forming part of the Notice of Decision regarding application for Consent File B18/01 (1614). 1. That the owner/applicant submit three copies of a reference plan showing the lands to be conveyed and a registerable legal description of the lands to be conveyed, to the Secretary-Treasurer, prior to the issuance of Consent. 2. That the owner/applicant submit to the Secretary-Treasurer a final certification fee payable to the Town of Oakville at the rate prescribed at the time of payment. 3. Taxes as levied on the property are to be paid in full 4. The owner/applicant to pay cash-in-lieu of parkland dedication, in accordance with provisions of Section 53 of the Planning Act. The owner / applicant is to contact the Towns Manager of Realty Services following provisional consent being final and no later than 60 days prior to the lapsing date of the conditions associated with such approval to arrange coordination of the necessary appraisal. 5. Any existing water service or sanitary service lateral to be disconnected from the system and abandoned must be decommissioned per the standards and specifications of the Region of Halton. Should this be applicable to this application then the applicant is required to obtain a Regional service permit for the disconnection of existing services. The applicant is advised to contact Halton's Planning and Public Works Department Service Permit Section for details on abandoning water and sanitary services should this be necessary. 6. No sanitary sewer laterals or water service connections for these lots are to cross existing or proposed property lines to the satisfaction of Halton Region. 7. That the applicant determines the location of all existing and proposed municipal water services, curb valves and sanitary sewer laterals that service this property along with the proposed location of new water and sewer connection required and submit to Halton Region s Developer Project Manager a drawing showing the relationship of these services to the proposed lot line. 8. That the owner/applicant apply for and be granted a demolition permit from the Town of Oakville for the demolition of the existing detached dwelling and in-ground pool, and that the existing dwelling and pool be demolished prior to the issuance of this consent. 7
Notes 1. The owners, his successors and assign, are hereby notified that the Development Charges of the Town of Oakville are payable upon issuance of Building Permit at the rate in effect on the date issued. MINOR VARIANCE APPLICATIONS MOTION TO APPROVE CARRIED 7.1 CAV A/040/2018 OWNER/APPLICANT AGENT LOCATION OF LAND JAMIE PARIS 2258 WHISTLING SPRINGS CRES OAKVILLE ON, L6M 5G5 ALISON SAXON POOL DOCTORS 3084 HARRISON CRT BURLINGTON ON, L7M 0W4 PLAN M928 LOT 20 2258 WHISTLING SPRINGS CRES TOWN OF OAKVILLE The purpose of the application is to permit the proposed construction of a swimming pool on the subject property. Present Representing Application Terrance O Brien, Pool Doctors, 3084 Harrison Court, Burlington, ON L7M 0W4 Planning Recommendation Planning staff are of the opinion that application CAV A/040/2018 satisfies all four tests under the Planning Act. Call for Public Deputation The chair asked whether there was anyone in attendance either in support of or in opposition to application CAV A/040/2018. A show of hands indicated that there was none. Agent Overview The agent had nothing further to add to application CAV A/040/2018. Motion to Approve Application CAV A/040/2018 A motion was made to approve application CAV A/040/2018 as applied for. Meets four tests under the Planning Act. No written or oral submissions from the public were received. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/040/2018 None COMMITTEE DECISION CAV A/040/2018 THAT the request for variance made under Section 45(1) of the Planning Act has been 8
approved to permit the proposed construction of a swimming pool on the subject property with the following variance: # Zoning By-law 2014-014 requirements RL8 1 Section 4.16.1 b) In the case of a corner lot, the swimming pool or hot tub shall be set back 3.5 metres from the flankage lot line. Variance request To permit the swimming pool to be set back 1.5 metres from the flankage lot line. No written or oral submissions from the public were received. The Committee is of the opinion that the variance is considered minor in nature, desirable for the use of the land and in keeping with the general intent of the town s official plan Livable Oakville Plan and the zoning by-law, subject to: The approval will expire two years from the date of decision if the proposed development does not proceed and/or a building permit is not issued. That the proposed in ground pool be constructed in general accordance with the plans dated February 9, 2018 as submitted. MOTION TO APPROVE CARRIED 7.2 CAV A/042/2018 OWNER/APPLICANT AGENT LOCATION OF LAND DIMITRI LAKUTIN 1259 HILLHURST RD OAKVILLE ON L6J 1X3 STEVE HAMELIN ARCHITECTURE 145 LAKESHORE ROAD EAST UNIT 200 OAKVILLE ON L6J 1H3 PLAN 531 LOT 5 1259 HILLHURST RD TOWN OF OAKVILLE The purpose of the application is to permit the proposed construction of a new two storey detached dwelling on the subject property. Present Representing Application David Capper, Glen Schnarr & Associates, 10 Kingsbridge Garden Circle, Suite 700, Mississauga, ON L5R 3K6 Planning Recommendation Planning staff are of the opinion that application CAV A/042/2018 satisfies all four tests under the Planning Act. Call for Public Deputation The chair asked whether there was anyone in attendance either in support of or in opposition to application CAV A/042/2018. A show of hands indicated that there was. Agent Overview The agent provided the following overview of the application: 9
There was a minor error in the staff report. The date of the drawings is incorrect; it should read February 23, 2018. Requesting two variances. First one is for an increase in the maximum permitted residential floor area of 3.61% above what is permitted. Second one to allow a minimum front yard setback of 9.16m where 12.04 is required. That dimension is from the front property line to the columns for the overhang for the front porch. The intent is to allow for undulation in the building and make it look lit it has some relief. Submitted a PowerPoint presentation to the committee. We are 1.13% below what is permissible on the property versus what is being proposed. Proposed elevations were shown. Appreciate concerns of neighbours but disagree with respect to the impact of the propose dwelling with respect to sunlight. Photos of the property were shown indicating that the reality is with the loss of sunshine by the time the sun has risen to the point that it has actually cleared the trees the height of the building will no longer be relevant with respect to a shadowing impact. Trees are substantially higher than the proposed dwelling. The response to the concern of the neighbour with regard to the front yard setback and potential impact that it is going to have on sunlight penetration into his yard, the as of right response to that concern is to shift the building into the rear yard and comply with the front yard setback. If we do that we will introduce building mass within the rear yard and two windows that will have an overview into his rear yard. Feel this is a better solution that what the as of right would allow for. Public Deputations Frances Mailtand, 1251 Hillhurst Road spoke in opposition noting the following concerns: This will impede upon the access to natural light. Submitted photos to the committee indicating how the trees lining the school yard has nothing to do with the sunlight we are talking about and showing the amount of sunlight that the get. Ask that they remain within the zoning by-law. It does not align and will impact us negatively. We have no issues with them moving the house back into the rear yard. Agent Response The agent had the following in response to the neighbours concerns. It appears to me, based on the shadow in their photos, this is very early in the morning and the shadowing from the tree was outlined on the drawing. Fifty percent of the front façade of the dwelling meets and exceeds the minimum requirement. About 30% is within 85cm of what is required. 10
There were additional letters of support received late this afternoon. I don t believe that moving the house back is a suitable planning response. There would be at least two second floor windows that would create overlook along the rear yards of this side of the street. I believe it is a better solution to push it forward. Motion to Approve Application CAV A/042/2018 A motion was made to approve application CAV A/042/2018 as applied for. Meets four tests under the Planning Act. The committee considered the public interest for the proposed application. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/042/2018 None COMMITTEE DECISION CAV A/042/2018 THAT the request for variance made under Section 45(1) of the Planning Act has been approved to permit the proposed construction of a new two storey detached dwelling on the subject property with the following variances: # Zoning By-law 2014-014 requirements RL1-0 1 Table 6.4.1: The maximum residential floor area ratio for a detached dwelling with a lot area 1301.00m 2 or greater shall be 29% (414.69m 2 ) The area of this lot is 1429.96m 2. 2 Section 6.4.3 a) The minimum front yard on all lots shall be the yard legally existing on the effective date of this By-law less 1.0m. Existing front yard is 13.04m 1.0m = 12.04m. Variance request To permit a maximum residential floor area ratio for a detached dwelling with a lot area 1301.00m 2 or greater of 32.61% (466.38m 2 ). To permit a minimum front yard of 9.16m. The Committee of Adjustment considered the public concerns for the front yard setback of the proposed dwelling. However, the Committee is of the opinion that the variances are considered minor in nature, desirable for the use of the land and in keeping with the general intent of the town s official plan Livable Oakville Plan and the zoning by-law, subject to: The approval will expire two years from the date of decision if the proposed development does not proceed and/or a building permit is not issued. That the proposed in dwelling be constructed in general accordance with the plans dated February 23, 2018 as submitted. MOTION TO APPROVE CARRIED 11
7.3 CAV A/043/2018 OWNER/APPLICANT AGENT LOCATION OF LAND MARCIA FRANKLIN AND SHELDON WARMAN 1096 OLD OAK DRIVE OAKVILLE ON L6M 3K4 SANDRA BOARDMAN 2-90 PRINCE CHARLES DRIVE OAKVILLE ON L6K 2C9 PLAN 347 LOT 147 20 HIGHLAND RD TOWN OF OAKVILLE The purpose of the application is to permit the proposed construction of a new two storey detached dwelling on the subject property. Present Representing Application Sandra Boardman, 2-90 Prince Charles Drive, Oakville, ON L6K 2C9 Planning Recommendation Planning staff are of the opinion that application CAV A/043/2018 satisfies all four tests under the Planning Act. Call for Public Deputation The chair asked whether there was anyone in attendance either in support of or in opposition to application CAV A/043/2018. A show of hands indicated that there was none. Agent Overview The agent provided the following overview of the application: That they will not be constructing a screen in porch as indicated on the drawings. New drawings without the porch were submitted. Motion to Approve Application CAV A/043/2018 A motion was made to approve application CAV A/000/2018 as applied for. Meets four tests under the Planning Act. No written or oral submissions from the public were received. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/043/2018 None COMMITTEE DECISION CAV A/043/2018 THAT the request for variance made under Section 45(1) of the Planning Act has been approved to permit the proposed construction of a new two storey detached dwelling on the subject property with the following variance: 12
# Zoning By-law 2014-014 requirements RL3-0 1 Table 6.4.2 For a lot with a detached dwelling, the maximum lot coverage shall be 35% (282.91m2) where the detached dwelling is greater than 7.0m in height. Variance request To permit a maximum lot coverage of 38.08% (307.80m2) where the detached dwelling is greater than 7.0m in height. No written or oral submissions from the public were received. The Committee is of the opinion that the variance is considered minor in nature, desirable for the use of the land and in keeping with the general intent of the town s official plan Livable Oakville Plan and the zoning by-law, subject to: The approval will expire two years from the date of decision if the proposed development does not proceed and/or a building permit is not issued. That the proposed dwelling be constructed in general accordance with the revised plans noted that the covered porch is on the plan and not the screened porch dated February 21, 2018 as submitted. MOTION TO APPROVE CARRIED 7.4 CAV A/044/2018 OWNER/APPLICANT AGENT LOCATION OF LAND JACKIE LEUNG 1376 OUTLOOK TERR OAKVILLE ON L6M 2B6 DORIS L. K. CHEUNG ARCHITECT INC. 20 WERTHEIM COURT UNIT 20 RICHMOND HILL ON L4B 3A8 PLAN M321 LOT 31 1376 OUTLOOK TERR TOWN OF OAKVILLE The purpose of the application is to permit the proposed one storey rear addition to the existing two storey dwelling on the subject property. Present Representing Application Doris Cheung, Doris L.K. Cheung Architect Inc., 20 Wertheim Court, Unit 20, Richmond Hill, ON L4B 3A8 Planning Recommendation Planning staff are of the opinion that application CAV A/044/2018 satisfies all four tests under the Planning Act. Call for Public Deputation The chair asked whether there was anyone in attendance either in support of or in opposition to application CAV A/044/2018. A show of hands indicated that there was none. 13
Agent Overview The agent had nothing further to add to application CAV A/044/2018. Motion to Approve Application CAV A/044/2018 A motion was made to approve application CAV A/044/2018 as applied for. Meets four tests under the Planning Act. No written or oral submissions from the public were received. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/044/2018 None COMMITTEE DECISION CAV A/044/2018 THAT the request for variance made under Section 45(1) of the Planning Act has been approved to permit the proposed one storey rear addition to the existing two storey dwelling on the subject property with the following variances: # Zoning By-law 2014-014 requirements RL5 1 Table 6.3.1 (Column RL5, Row 6) The minimum rear yard shall be 7.5m. Variance request To permit a minimum rear yard of 6.50m. No written or oral submissions from the public were received. The Committee is of the opinion that the variance is considered minor in nature, desirable for the use of the land and in keeping with the general intent of the town s official plan Livable Oakville Plan and the zoning by-law, subject to: The approval will expire two years from the date of decision if the proposed development does not proceed and/or a building permit is not issued. That the proposed rear yard addition be constructed in general accordance with the plans dated February 20, 2018 as submitted. MOTION TO APPROVE CARRIED 7.5 CAV A/046/2018 OWNER/APPLICANT AGENT LOCATION OF LAND TROY CAMPBELL 150 SPARLING CRT OAKVILLE ON L6K 2J7 CEDAR SPRINGS LANDSCAPE 3242 SOUTH SERVICE RD OAKVILLE ON L6L 6T1 PLAN 969 LOT 2 150 SPARLING CRT TOWN OF OAKVILLE The purpose of the application is to permit the construction of the proposed accessory structure of the subject property. Present Representing Application Trevor Henry, Cedar Springs Landscape, 3242 South Service Road, Oakville, ON L6L 6T1 14
Planning Recommendation Planning staff are of the opinion that application CAV A/046/2018 satisfies all four tests under the Planning Act. Call for Public Deputation The chair asked whether there was anyone in attendance either in support of or in opposition to application CAV A/046/2018. A show of hands indicated that there was none. Agent Overview The agent had nothing further to add to application CAV A/046/2018. Motion to Approve Application CAV A/046/2018 A motion was made to approve application CAV A/046/2018 as applied for. Meets four tests under the Planning Act. No written or oral submissions from the public were received. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/046/2018 None COMMITTEE DECISION CAV A/046/2018 THAT the request for variance made under Section 45(1) of the Planning Act has been approved to permit the construction of the proposed accessory structure on the subject property with the following variance: # Zoning By-law 2014-014 requirements RL2-0 1 Table 6.4.2 row RL2 For a lot with a detached dwelling, the maximum lot coverage shall be 25% (262.60m 2 ) where the detached dwelling is greater than 7.0 metres in height. Variance request To permit a maximum lot coverage of 28.03% (294.42m 2 ) where the detached dwelling is greater than 7.0 metres in height. No written or oral submissions from the public were received. The Committee is of the opinion that the variance is considered minor in nature, desirable for the use of the land and in keeping with the general intent of the town s official plan Livable Oakville Plan and the zoning by-law, subject to: The approval will expire two years from the date of decision if the proposed development does not proceed and/or a building permit is not issued. That the proposed accessory building be constructed in general accordance with the plans as submitted. MOTION TO APPROVE CARRIED 15
7.6 CAV A/048/2018 OWNER/APPLICANT AGENT LOCATION OF LAND ERDEM ERINC 30 GRAND TRUNK CRES SUITE 3510 TORONTO ON, M5J 3A4 KEEREN DESIGN INC. 100 BRONTE RD UNIT 10 OAKVILLE ON L6L 6L5 PLAN 592 LOT 90 1321 AVON CRES TOWN OF OAKVILLE The purpose of the application is to permit the proposed construction of a new two storey detached dwelling on the subject property. Present Representing Application Joris Keeren, Keeren Design Inc., 100 Bronte Road, Unit 10, Oakville, ON L6L 6L5 Planning Recommendation Planning staff are of the opinion that application CAV A/048/2018 satisfies all four tests under the Planning Act. Call for Public Deputation The chair asked whether there was anyone in attendance either in support of or in opposition to application CAV A/048/2018. A show of hands indicated that there was none. Agent Overview The agent provided the following overview of the application: Would like to remove the second part of the condition recommended by planning staff pertaining to the revised driveway design being to the satisfaction of the Director of Planning Services because applicant would like to retain his options to remove the tree. His intent is to maintain the tree which is a private tree, but also wants to maintain a two car wide driveway. Willing to replant the required replacement trees to offset the canopy loss if he chooses to remove the tree. This has not been discussed with staff. Planning Comments Staff noted that this is a boundary tree and in the absence of an arborist s report the tree should be protected in accordance with our official plan policies to protect the canopy coverage that we currently experience. The driveway can provide two cars side by side in the driveway and still protect the tree. Staff recommend that the condition remains. However if the applicant is prepared to provide staff with an arborist s report assessing the merits of the tree in order to justify that the driveway width is appropriate the staff would agree to this as a revised condition. 16
17
Agent Response The agent noted that his client was not comfortable with the wording to the satisfaction of the Director of Planning Services. Client feels that this condition is too restrictive. We will definitely obtain an arborist s report. We would like to proceed tonight. We would like the committee to make a decision on approving or not approving this application with that sentence removed. Motion to Approve Application CAV A/048/2018 A motion was made to approve application CAV A/048/2018 as applied for. Meets four tests under the Planning Act. No written or oral submissions from the public were received. The committee considered the public interest for the proposed application. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/048/2018 None COMMITTEE DECISION CAV A/048/2018 THAT the request for variance made under Section 45(1) of the Planning Act has been approved to permit the proposed construction of a new two storey detached dwelling on the subject property with the following variances: # Zoning By-law 2014-014 requirements RL3-0 1 Section 5.8.6 b) For detached dwellings on lots having greater than or equal to 12.0 metres in lot frontage, the maximum total floor area for a private garage shall be 45.0 square metres. 2 Section 6.4.1 The maximum residential floor area ratio for a detached dwelling on a lot with a lot area between 650.00m 2 and 742.99m 2 shall be 41% (295.26m 2 ). (The lot area is 720.15m 2 ). Variance request To permit the maximum total floor area for the private garage to be 46.3 square metres on a lot having greater than or equal to 12.0 metres in lot frontage. To permit a maximum residential floor area ratio for the detached dwelling of 43.32% (312.00m 2 ). No written or oral submissions from the public were received. The Committee is of the opinion that the variance is considered minor in nature, desirable for the use of the land and in keeping with the general intent of the town s official plan Livable Oakville Plan and the zoning by-law, subject to: 18
The approval will expire two years from the date of decision if the proposed development does not proceed and/or a building permit is not issued. That the proposed dwelling be constructed in general accordance with the plans dated February 26, 2018 as submitted, subject to a revised driveway design to ensure the abutting tree is not negatively impacted to the satisfaction of the Director of Planning. MOTION TO APPROVE CARRIED 7.7 CAV A/049/2018 OWNER/APPLICANT AGENT LOCATION OF LAND MATAM HOLDINGS INC 433 STEELES AVE E SUITE 110 MILTON ON, L9T 8Z4 KORSIAK & COMPANY LTD 277 LAKESHORE ROAD EAST APARTMENT 206 OAKVILLE ON, L6J 1H9 CON 1 SDS PT LOT 24 RP 20R13705 PT PART 7 1388 DUNDAS ST WEST TOWN OF OAKVILLE The purpose of the application is to permit the erection of a temporary tent structure accessory to the existing temporary sales office use on the subject lands. Present Representing Application Catherine McEwan, Korsiak & Company Ltd., 277 Lakeshore Road East, Apartment 206, Oakville, ON L6J 1H9 Planning Recommendation Planning staff are of the opinion that application CAV A/049/2018 satisfies all four tests under the Planning Act. Call for Public Deputation The chair asked whether there was anyone in attendance either in support of or in opposition to application CAV A/049/2018. A show of hands indicated that there was none. Agent Overview The agent submitted revised plans for application CAV A/049/2018 to the committee denoting new accessible parking spaces, barrier free parking spaces on the northern portion of the property. Motion to Approve Application CAV A/049/2018 A motion was made to approve application CAV A/049/2018 as applied for. Meets four tests under the Planning Act. The committee considered the public interest for the proposed application. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/049/2018 None 19
COMMITTEE DECISION CAV A/049/2018 THAT the request for variance made under Section 45(1) of the Planning Act has been approved to permit the erection of a temporary tent structure accessory to the existing temporary sales office use on the subject lands, which is similar to the purpose for which it was used on the day the by-law was passed; whereas by-law 2014-014, as amended, does not permit the temporary tent structure in this instance. The Committee of Adjustment considered the public concerns for the proposed temporary tent. However the Committee is of the opinion that the variance is considered minor in nature, desirable for the use of the land and in keeping with the general intent of the town s official plan Livable Oakville Plan and the zoning by-law, subject to: That the development proceed in general accordance with the site plan that was submitted to the committee at the meeting dated March 26, 2018. MOTION TO APPROVE CARRIED A MOTION WAS MOVED TO ADJOURN AT 8:56 P.M. 20