COMMITTEE OF ADJUSTMENT MEETING MINUTES JANUARY 31, 2017 7:00 P.M. APPROVED PRESENT: STAFF: P. Chronis (chair) J. Hardcastle S. Mikhail M. Telawski J. Radomirovic, Assistant Secretary Treasurer C. McConnell, Manager, Current Planning REGRETS Mr. Charlebois DECLARATION OF PECUNIARY INTEREST Mr. Chronis declared a pecuniary interest in application CAV A/019/2017 at 332-338 Robinson Street, TOWN OF OAKVILLE CONFIRMATION OF MINUTES The minutes of the meeting of November 29, 2016 and December 13, 2016 were approved. 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: https://www.youtube.com/watch?v=ersx8nlqwgi&index=2&list=pljveixvd9poewd5a KNJ83b7g5RS1dXstD 1
READING OF PREAMBLE The chair called the meeting to order at 7:00 p.m. and read the preamble. Furthermore, the chair outlined the time constraints for applicants and audience members. 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. REQUESTS FOR DEFERRAL OR WITHDRAWAL OF AN APPLICATION 5.1 CAV A/014/2017 Plan 725 Lot 147, 518 Stafford Drive, TOWN OF OAKVILLE Application by: Yevgeniya Kravtsova, 518 Stafford Drive, Oakville, ON L6L 4M5 Agent: Graham Barrett, 22 Close Avenue, Toronto, ON M6K 2V4 The purpose of the application is to permit the proposed two storey dwelling on the subject property. Graham Barrett, 22 Close Avenue, Toronto, ON M6K 2V4 Deferral Request The agent requested a deferral of CAV A/014/2017 to address concerns from Halton Conservation. Motion to Defer Application CAV A/014/2017 A motion was made to defer application CAV A/014/2017 Opposed to Motion to Defer Application CAV A/014/2017 COMMITTEE DECISION Application CAV A/014/2017 THAT the request for variance made under Section 45 (1) of the Planning Act has been deferred. MOTION TO DEFER CARRIED 5.2 CAV A/013/2017 Plan M85 Lot 229, 2303 Devon Road, TOWN OF OAKVILLE Application by: Arianna Maclaren, 2150 Adair Crescent, Oakville, ON L6J 5J7 Agent: Richard Mann, Architect, 153 Woodhaven Park Drive, Oakville, ON L6L 4K9 The purpose of the application is to permit the proposed two storey dwelling on the subject property. 2
Richard Mann, Richard Mann, Architect, 153 Woodhaven Park Drive, Oakville, ON L6L 4K9 Deferral Request The agent a deferral of CAV A/013/2017 to allow time to obtain a geotechnical assessment as required by Conservation Halton. Motion to Defer Application CAV A/013/2017 A motion was made to defer application CAV A/013/2017 Opposed to Motion to Defer Application CAV A/013/2017 COMMITTEE DECISION Application CAV A/013/2017 THAT the request for variance made under Section 45 (1) of the Planning Act has been deferred. MOTION TO DEFER CARRIED 5.3 CAV A/011/2017 Plan 1 Block 72 Part Lots 7 and 9 RP 20R10774, 64 Forsythe Street, TOWN OF OAKVILLE Application by: Gary MacDonald and Karen MacDonald, 64 Forsythe Street, Oakville, ON L6K 3J7 Agent: Structured Creations, 453 Brant Street, Burlington, ON L7R 2G3 The purpose of the application is to permit the proposed construction of an accessory structure and new front eaves on the subject property. The assistant secretary treasurer on behalf of the applicant. Deferral Request The assistant secretary treasurer requested a deferral of application CAV A/011/2017 to the meeting of February 14, 2017 due to a notice deficiency. 3
Motion to Defer Application CAV A/011/2017 A motion was made to defer application CAV A/011/2017 to the meeting of February 14, 2017. Opposed to Motion to Defer Application CAV A/011/2017 COMMITTEE DECISION Application CAV A/011/2017 THAT the request for variance made under Section 45 (1) of the Planning Act has been deferred to the meeting of February 14, 2017. CONSENT APPLICATION 6.1 MOTION TO DEFER CARRIED MINOR VARIANCE APPLICATIONS 7.1 CAV A/009/2017 Plan 161 Lot 112, 148 Herald Avenue, TOWN OF OAKVILLE Application by: Olga Ivanova, 552 Stafford Drive, Oakville, ON L6L 4M5 Agent: N/A The purpose of the application is to permit the proposed construction of a two storey dwelling on the subject property. Olga Ivanova, 552 Stafford Drive, Oakville, ON L6L 4M5 Planning Recommendation Staff are not recommending approval. Approval Request The owner provided an overview of the application noting that they require a variance to allow for an increase in residential floor area. All other zoning requirements have been complied with. Public Correspondence The chair noted that correspondence had been received in regards to the application. Motion to Approve Application CAV A/009/2017 A motion was made to approve application CAV A/009/2017 as applied for. The committee considered the public concerns for the proposed application. 4
Meets the four tests of the Planning Act. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/009/2017 COMMITTEE DECISION CAV A/009/2017 approved to permit the proposed construction of a two storey detached dwelling on the subject property with the following variances: # Zoning By-law 2014-014 requirements RL5-0 1. Section 6.4.1 The maximum residential floor area ratio for a detached dwelling shall be 43% for a lot with an area less than 557.5 m2. (Lot area is 445.82 m2.) Variance request To permit a maximum residential floor area ratio for the detached dwelling of 49.9% The Committee of Adjustment was influenced by written submissions from the public. 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 dwelling be constructed in general accordance with the plans dated December 8, 2016 as submitted. MOTION TO APPROVE CARRIED 7.2 CAV A/010/2017 Plan 725, Lot 61, 1245 Pinegrove Road, TOWN OF OAKVILLE Application by: Marcin Sliz, 1245 Pinegrove Road, Oakville, ON L6L 2W8 Agent: Structure Creations, 453 Brant Street, Burlington, ON L7R 2G3 The purpose of the application is to permit the proposed addition of an attached garage to the existing detached dwelling on the subject property. Darren Sanger-Smith, Structure Creations, 453 Brant Street, Burlington, ON L7R 2G3 Motion to Approve Application CAV A/010/2017 5
A motion was made to approve application CAV A/010/2017 as applied for. Meets the four tests of the Planning Act. There was no opposition from the community. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/010/2017 COMMITTEE DECISION CAV A/010/2017 approved to permit the addition of an attached garage to the existing detached dwelling on the subject property with the following variance: # Zoning By-law 2014-014 requirements RL3-0 1. Table 6.3.1: The minimum required interior side yard shall be 1.20 metres. Variance request To permit the minimum interior side yard to be 0.85 metres. No written or oral submissions from the public were received. 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 garage addition to the dwelling be constructed in general accordance with the plans dated November 7, 2016 as submitted. MOTION TO APPROVE CARRIED 7.3 CAV A/016/2017 Plan 1252 Lot 62, 151 Tracina Drive TOWN OF OAKVILLE Application by: Mehdi Mollaei, 151 Tracina Drive, Oakville, ON L6L 4B8 Agent: Steve Hamelin Architecture Inc., 145 Lakeshore Road East, Unit 200, Oakville, ON L6J 1H3 The purpose of the application is to permit the proposed two storey dwelling on the subject property Steven Hamelin, Steve Hamelin Architecture Inc., 145 Lakeshore Road East, Unit 200, Oakville, ON L6J 1H3 6
opposition to this application. A show of hands indicated that there was and therefore the committee requested a presentation. Approval Request The agent provided an overview of the application requesting an increase in the residential floor area ratio for a detached dwelling from the permitted 32% to 35.01%. This is an increase of approximately 10% over what is permitted in the zoning by-law. Planning has requested that the gingko tree at the front of the property be preserved. A revised site plan and arborist s report was filed with the committee. Public Deputations 157 Tracina Avenue was present in opposition to their loss of privacy, overlook and damage to the existing hedge between the two properties. Suggested that the house be moved forward and the number of windows on their side be reduced. Photos were submitted to the committee. Motion to Approve Application CAV A/016/2017 A motion was made to approve application CAV A/016/2017 as applied for. The committee considered the public concerns for the proposed application. Meets the four tests of the Planning Act. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/016/2017 COMMITTEE DECISION CAV A/016/2017 approved to permit the proposed two storey dwelling on the subject property with the following variance: # Zoning By-law 2014-014 requirements RL2-0 1. Table 6.4.1: The maximum Residential Floor Area Ratio for a detached dwelling with a lot area between 1,208.00m2 and 1,300.99m2 shall be 32% (408.71m2) Variance request To permit a maximum Residential Floor Area Ratio of 35.01% (447.09m2) for a lot area between 1,208.00m2 and 1300.99m2 7
The Committee of Adjustment considered the public concerns for the proposed building. 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 dwelling be constructed in general accordance with the plans submitted, as modified to preserve the Ginkgo (ginkgo biloba) tree in the front yard, to the satisfaction of the Director of Planning Services. That a site alteration permit be approved permitting the proposed dwelling and providing for full preservation of Ginkgo (ginkgo biloba) tree in the front yard and the abutting row of cedar trees and hornebeam tree along common property line with 157 Tracina Drive. MOTION TO APPROVE CARRIED 7.4 CAV A/017/2017 Plan M85 Lot 217, 2329 Devon Road, TOWN OF OAKVILLE Application by: Riccardo Rita, 2329 Devon Road, Oakville, ON L6J 5R2 Agent: Graham Barrett, 22 Close Avenue, Suite 2410, Toronto, ON M6K 2V4 The purpose of the application is to permit the proposed second storey addition to the existing dwelling on the subject property Graham Barrett, 22 Close Avenue, Suite 2410, Toronto, ON M6K 2V4 Planning Remarks Staff are recommending approval. Approval Request The agent noted that staff, in their comments described this as a new two storey dwelling. It is a second storey addition. Motion to Approve Application CAV A/017/2017 A motion was made to approve application CAV A/017/2017 as applied for. The committee was in receipt of significant letters of support from the community. Meets the four tests of the Planning Act. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/017/2017 8
COMMITTEE DECISION CAV A/017/2017 approved to permit the proposed second storey addition to the existing dwelling on the subject property with the following variance: # Zoning By-law 2014-014 requirements RL3-0 1. Table 6.4.1: The maximum Residential Floor Area Ratio for a detached dwelling with a lot area less than 557.50m2 shall be 43% (199.84m2) Variance request To permit a maximum Residential Floor Area Ratio of 48.80% (226.98m2) for a lot area less than 557.50m2. The Committee of Adjustment was influenced by written submissions from the public in support to the application. 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 dwelling be constructed in general accordance with the plans dated December 21, 2016, as submitted. MOTION TO APPROVE CARRIED 7.5 CAV A/018/2017 Plan 686, Lot 71, 574 Stephens Crescent, TOWN OF OAKVILLE Application by: Slavomir Sintal, 574 Stephens Crescent, Oakville, ON L6K 1Y3 Agent: Miloslav Olejar, 270 Dufferin Avenue, Brantford, ON N3T 4S2 The purpose of the application is to permit the proposed construction of a two storey detached dwelling on the subject property. Miloslav Olejar, 270 Dufferin Avenue, Brantford, ON N3T 4S2 Planning Recommendation Staff are not recommending approval. Approval Request The agent provided an overview of the application noting that they are requesting an increase in residential floor area from the required 40% to 43.5% and that the neighbourhood is in transition. 9
Motion to Defer Application CAV A/018/2017 A motion was made to defer application CAV A/018/2017. Opposed to Motion to Defer Application CAV A/018/2017 COMMITTEE DECISION CAV A/018/2017 deferred to the meeting of March 14, 2017. MOTION TO DEFER CARRIED THE CHAIR WAS RELINQUISHED MS. MIKHAIL 7.6 CAV A/019/2017 Plan 1 Block 34 Part Lots B, C RP 20R989 Parts 1,3, 332-338 Robinson Street, TOWN OF OAKVILLE Application by: 2524151 Ontario Inc., 235 Front Street, Oakville, ON L6J 1A4 Agent: Glen Schnarr & Associates Inc., 10 Kingsbridge Garden Circle Suite 700, Mississauga, ON L5R 3K6 The purpose of the application is to permit the proposed four unit townhouse development on the subject property. David Capper, Glen Schnarr & Associates Inc., 10 Kingsbridge Garden Circle Suite 700, Mississauga, ON L5R 3K6 Approval Request The agent provided an overview of the application to the committee noting that he was requesting variance to reduce visitor parking from the required one space to zero spaces. opposition to this application. A show of hands indicated that there was. Public Deputations 340 Robinson Street, Oakville, ON L6J 1G9 present in support. 268 King Street, Oakville, ON L6J 1B7 present in support. 10
Motion to Approve Application CAV A/019/2017 A motion was made to approve application CAV A/019/2017 as applied for. The committee considered the public support for the proposed application. Meets the four tests of the Planning Act. Subject to the conditions outlined in the decision. Opposed to Motion to Approve Application CAV A/019/2017 COMMITTEE DECISION CAV A/019/2017 approved to permit the proposed 4 unit townhouse development on the subject property with the following variance: # Zoning By-law 2014-014 requirements RM1 SP 85 1. Table 5.2.1 Footnote 1 Of the total number of parking spaces required, 0.25 of the parking spaces required per dwelling shall be designated as visitors parking spaces. Therefore they would require 1 visitor parking space Variance request To permit 0 visitor parking spaces. No written or oral submissions from the public were received. 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 development be constructed in general accordance with the plans as submitted. MOTION TO APPROVE CARRIED A MOTION TO ADJOURN WAS MADE AT 8:26 P.M. 11