Committee of Adjustment Hearing
Thursday, April 7, 2016 at 7 p.m.
225 East Beaver Creek Road, Richmond Hill, ON
1st Floor (Council Chambers)
Call to Order
Disclosure of Pecuniary Interest
Requests for Adjournments/Withdrawals - A032/14 (175 Elmwood Avenue)
New Applications
Other Business
Staff reports obtained online do not include hard copy information associated with the file (i.e. key maps,
additional correspondence received etc.). For a comprehensive report please contact Committee of Adjustment
Staff at 905-771-8820. Staff reports are subject to change.
A B001/16
Mostafa Molla-Bagheri
71 Harding Boulevard
Town of Richmond Hill
TOTAL AREA
1,159.52 m2
12,480.97 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 13.41 metres (44.00 feet) by 43.24 metres (141.86 feet),
approximately 579.76 square metres (6,240.48 square feet) and retain a parcel of land approximately 13.41 metres (44.00 feet) by
43.24 metres (141.86 feet), approximately 579.76 square metres (6,240.48 square feet). The severed and retained lands will have
frontage onto Harding Boulevard and the existing single family dwelling is to be demolished
B A008/16
Mostafa Molla-Bagheri
71 Harding Boulevard
Town of Richmond Hill
To provide relief from the provisions of By-law 66-71, as amended to permit reduced minimum interior side yard setbacks
(east and west), increased maximum gross floor area, increased maximum lot coverage and increased maximum building
height to accommodate the construction of a proposed two-storey single family dwelling on the severed lands. Relief is
also being requested to permit a reduced minimum lot frontage to facilitate Consent Application B001/16.
Maximum Lot Coverage
Minimum Frontage
Maximum Gross Floor Area
Maximum Building Height
Minimum Sideyard Setback – East
Minimum Sideyard Setback – West
By-Law
Requirement
30.00 %
15.24 m ( 50.00 ft)
204.37 m2 ( 2,199.82 ft2)
8.50 m ( 27.89 ft)
2.11 m ( 6.92 ft)
2.11 m ( 6.92 ft)
Proposed
32.28 %
13.41 m ( 44.00 ft)
374.64 m2 ( 4,032.59 ft2)
9.99 m (32.77 ft)
1.21 m ( 3.97 ft)
1.22 m ( 4.00 ft)
Difference
2.28 %
1.83 m ( 6.00 ft)
170.27m2 ( 1,832.77 ft2)
1.49 m (4.88 ft)
0.90 m ( 2.95 ft)
0.89 m ( 2.92 ft)
April 7, 2016
C A009/16
Page 2
Mostafa Molla-Bagheri
71 Harding Boulevard
Town of Richmond Hill
To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum interior side yard setbacks
(east and west), increased maximum gross floor area, increased maximum lot coverage and increased maximum building
height to accommodate the construction of a proposed two-storey single family dwelling on the retained lands. Relief is
also being requested to permit a reduced minimum lot frontage to facilitate Consent Application B001/16.
Maximum Lot Coverage
Minimum Frontage
Maximum Gross Floor Area
Maximum Building Height
Minimum Sideyard Setback – East
Minimum Sideyard Setback – West
By-Law
Requirement
30.00 %
15.24 m ( 50.00 ft)
204.37 m2 ( 2,199.82 ft2)
8.50 m ( 27.89 ft)
2.11 m ( 6.92 ft)
2.11 m ( 6.92 ft)
Proposed
32.28 %
13.41 m ( 44.00 ft)
374.64 m2 ( 4,032.59 ft2)
10.06 m (33.00 ft)
1.22 m ( 4.00 ft)
1.21 m ( 3.97 ft)
Difference
2.28 %
1.83 m ( 6.00 ft)
170.27 m2 ( 1,832.77ft2)
1.56 m ( 5.11 ft)
0.89 m ( 2.92 ft)
0.90 m ( 2.95 ft)
Applications B001/16, A008/16 and A009/16 will be dealt with concurrently.
D A017/16
Zolfakar Danesh Peap
260 Ruggles Avenue
Town of Richmond Hill
To provide relief from the provisions of By-law 212-92, as amended, to permit reduced interior side yard setbacks (north
and south), increased maximum gross floor area, increased maximum building height and increased maximum
encroachment into the front yard to accommodate the construction of a proposed two storey single family dwelling.
Maximum Gross Floor Area
Maximum Height
Minimum Sideyard Setback - North
Minimum Sideyard Setback - South
Maximum Step Encroachment
E A018/16
By-Law
Requirement
255.48 m2(2,749.96 ft2)
8.50 m (28.00 ft)
2.11 m ( 6.92 ft)
2.11 m ( 6.92 ft)
2.44 m ( 8.01 ft)
Proposed
324.00 m2( 3,487.50 ft2)
9.30 m ( 30.51 ft)
1.93 m ( 6.33 ft)
1.93 m ( 6.33 ft)
3.48 m ( 11.42 ft)
Difference
68.52 m2( 737.47 ft2)
0.80 m ( 2.51 ft)
0.18 m ( 0.59 ft)
0.18 m ( 0.59 ft)
1.04 m ( 3.41 ft)
Susan & Ron Flam
9 Maryvale Crescent
Town of Richmond Hill
To provide relief from the provisions of By-law 2523, as amended, to permit increased maximum roof and wall height for
an accessory structure to accommodate an existing pavilion located in the rear yard.
Maximum Wall Height
Maximum Roof Height
By-Law
Requirement
2.44 m ( 8.00 ft)
3.60 m (11.81 ft)
Proposed
3.77 m ( 12.37 ft)
5.61 m ( 18.41 ft)
Difference
1.33 m ( 4.37 ft)
2.01 m ( 6.59 ft)
April 7, 2016
F A019/16
Page 3
Steven Laurie Blair Mula
102 Lucas Street
Town of Richmond Hill
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced interior side yard setback (north) to
the top of second storey to accommodate a proposed second storey addition to the existing 1 1/2 storey dwelling. Relief is
also being sought to recognize the existing (deficient) interior side yard setbacks (north and south) to the ground floor.
Sideyard Setback - North Side – To
Top of 2nd Storey
Sideyard Setback - North (Existing)
Sideyard Setback - South(Existing)
G A020/16
By-Law
Requirement
Proposed
Difference
3.00 m ( 9.84 ft)
1.39 m ( 4.56 ft)
1.61 m ( 5.28 ft)
1.50 m ( 4.92 ft)
1.50 m ( 4.92 ft)
0.90 m ( 2.95 ft)
1.07 m ( 3.51 ft)
0.60 m ( 1.97 ft)
0.43 m ( 1.41 ft)
Cathleen Mary Perruzza
66 Centre Street West
Town of Richmond Hill
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced interior side yard setback to top of
second storey (west), increased maximum gross floor area and increased maximum building height to accommodate the
construction of a proposed two storey dwelling.
Maximum Gross Floor Area
Maximum (Building) Height
Minimum Side Yard Setback - West
(To Top of Second Storey)
H A021/16
By-Law
Requirement
279.98 m2( 3,013.68 ft2)
8.50 m ( 27.89 ft)
Proposed
443.33 m2( 4,771.96 ft2)
9.70 m ( 31.82 ft)
Difference
163.35 m2( 1,758.28 ft2)
1.20 m ( 3.94 ft)
3.00 m ( 9.84 ft)
1.83 m ( 6.00 ft)
1.17 m ( 3.84 ft)
Seyed Mehdi Yadi Hamedani
41 Maple Grove Avenue
Town of Richmond Hill
To provide relief from the provisions of By-law 1275, as amended, to recognize the existing (deficient) lot frontage. Relief is
required to construct a proposed two storey single family dwelling.
Minimum Frontage
By-Law
Requirement
22.86 m ( 75.00 ft)
Proposed
15.23 m ( 49.97 ft)
Difference
7.63 m ( 25.03 ft)
April 7, 2016
I A022/16
Page 4
Anthony & Dora Caradonna
233 Baker Avenue
Town of Richmond Hill
To provide relief from the provisions of By-law 212-92, as amended, to permit reduced interior side yard setbacks (north
and south), increased maximum gross floor area, increased maximum lot coverage and increased maximum building
height to accommodate the construction of a proposed two storey single family dwelling.
Maximum Lot Coverage
Maximum Gross Floor Area
Maximum Height
Minimum Sideyard Setback - North
Minimum Sideyard Setback - South
OTHER BUSINESS
By-Law
Requirement
30%
2
235.00 m ( 2,529.51 ft2)
8.50 m ( 27.89 ft)
2.11 m ( 6.92 ft)
2.11 m ( 6.92 ft)
Proposed
34.7%
361.05 m2( 3,886.31 ft2)
9.50 m ( 31.16 ft)
1.27 m ( 4.17 ft)
1.27 m ( 4.17 ft)
Difference
4.7%
126.05 m2( 1,356.80 ft2)
1.00 m ( 3.27 ft)
0.84 m ( 2.76 ft)
0.84 m ( 2.76 ft)
April 7, 2016
Page 5
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B001/16
DATE:
APRIL 7, 2016
NAME OF OWNER:
MOSTAFA MOLLA-BAGHERI
NAME OF AGENT:
JOE BATTAGLIA
A
RELATED FILES: A008/16 & A009/16
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
71 Harding Boulevard
Town of Richmond Hill
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 13.41 metres (44.00 feet) by 43.24 metres (141.86 feet),
approximately 579.76 square metres (6,240.48 square feet) and retain a parcel of land approximately 13.41 metres (44.00
feet) by 43.24 metres (141.86 feet), approximately 579.76 square metres (6,240.48 square feet). The severed and
retained lands will have frontage onto Harding Boulevard and the existing single family dwelling is to be demolished
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Residential Second Density (R2) Zone
By-law 66-71, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Gross Floor Area:
Maximum Building Height:
15.24 m. (50 ft.)
464.52 sq. m. (5,000 sq. ft.)
Established Building Line
2.11 m. (6.92 ft.)
7.62 m. (25 ft.)
30%
Calculated as per Net Lot Frontage
8.50 m. (27.89 ft.)
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject property currently supports a two-storey, single-detached dwelling in an established low density residential
area.
April 7, 2016
Page 6
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Harding Boulevard, Residential
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on March 14, 2016.
Public notice was mailed on March 24, 2016.
Applicant confirmed posting of signage on March 24, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following comments:
1. Subject to the approval of related Minor Variance applications for the severed and retained land (A008/16 & A009/16)
2. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to
Demolition Control By-law No. 15-90 and that the Owner demolish all buildings and/or structures and remove all debris
to the satisfaction of the Chief Building Official or; that the Owner make arrangements satisfactory to the Chief Building
Official to demolish all buildings and/or structures and remove all debris to his satisfaction.
Planning & Regulatory Services - Planning:
Consent application B001/16 seeks approval to sever a parcel of land for residential purposes. The existing singledetached dwelling on the property is proposed to be demolished.
The applicant is seeking approval for consent to sever a parcel of land approximately 13.41 m. (44.0 ft.) by 43.24 m.
(141.86 ft.), having an area of approximately 579.76 sq. m. (6,240.48 sq. ft.) and retain a parcel of land approximately
13.41 m. (44.0 ft.) by 43.24 m. (141.86 ft.), having an area of approximately 579.76 sq. m. (6,240.48 sq. ft.). Both the
severed and retained parcels will have frontage onto Harding Boulevard.
The requested severance is considered to be appropriate in light of the surrounding land use context and existing lot
patterns. The lot fabric along Harding Boulevard contains lots of record having frontages of approximately 13.41 m. from
previous consent approvals on properties including 49, 54 and 70 Harding Boulevard (Town File Nos.: B016/14, B022/13,
and B046/15) and therefore the proposed severance will conform to the transitional character of the street.
Minor variance applications A008/16 and A009/16 are requested to facilitate the construction of a two-storey single
detached dwelling on both the severed and retained properties. To facilitate the proposed developments, the minor
variance applications are specifically seeking relief from the following provisions of By-law 66-71, as amended:
April 7, 2016
By-law Standard
Max. Lot Coverage
Min. Frontage
Max. Gross Floor Area
Max. Building Height
Min. Side Yard Setback (East)
Min. Side Yard Setback (West)
Page 7
By-law Requirement
30%
15.24 m. (50.0 ft.)
204.37 sq. m.
(2,199.82 sq. ft.)
8.50 m. (27.89 ft.)
2.11 m. (6.92 ft.)
2.11 m. (6.92 ft.)
Proposed
(A008/16)
32.28%
13.41 m. (44.0 ft.)
374.64 sq. m.
(4,032.59 sq. ft.)
9.99 m. (32.77 ft.)
1.21 (3.97 ft.)
1.22 (4.0 ft.)
Proposed
(A009/16)
32.28%
13.41 m. (44.0 ft.)
374.64 sq. m.
(4,032.59 sq. ft.)
10.06 m. (33.0 ft.)
1.22 (4.0 ft.)
1.21 (3.97 ft.)
The subject property is located within an established residential area that is composed of older one-storey single-detached
dwellings and newer two storey single-detached dwellings. In 1992, Zoning By-law No. 212-92 was passed by Council in
order to implement additional zoning provisions to restrict the construction of “monster homes” in this general area.
Specifically, Zoning By-law No. 212-92 utilizes a formula based on individual lot frontage and lot depth to determine the
maximum allowable gross floor area for dwellings on each lot within the affected area. The By-law also establishes a
maximum gross floor area of 265.0 sq. m. (2,852.44 sq. ft.) and a maximum height of 8.5 m. (27.89 ft.) to further protect
against “monster homes”.
Similar minor variance requests for an increase in maximum lot coverage (between 30.26% to 35%), building height
(between 8.63 m. (28.31 ft.) to 8.79 m. (28.84 ft.)), and gross floor area (between 320 sq. m. (3,444.45 sq. ft.) to 362.3 sq.
m. (3,899.76 sq. ft.)), as well as decreases in side yard setbacks (between 1.2 m. (3.94 ft.) to 1.61 m. (5.28 ft.)) have been
approved for properties in the immediate surrounding area including 49, 54, 70, and 139 Harding Boulevard (Town File
Nos.: A057/14, A058/14, A091/13, A092/13, A113/15, A114/15, and A079/12). Based on the existing development in the
area, the variances will generally be compatible with the transitional character of the area and generally maintain the
streetscape of the neighbourhood.
Planning staff has reviewed the proposed minor variance applications and believes that the proposals meet the four (4)
prescribed tests set out in Section 45.1 of the Planning Act in that the requested variances are considered to be minor in
nature, is desirable for the appropriate development of the subject lands, and maintains the general intent and purpose of
the applicable Official Plan and Zoning By-law.
As such, Planning staff recommends approval of consent application B001/16 and the associated minor variance
applications A008/16 and A009/16.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
April 7, 2016
Page 8
1. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance
or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
April 7, 2016
Page 9
3. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
4. DEVELOPMENT AGREEMENT CONDITION
That the applicant enter into an Agreement with the municipality, to further develop the (SEVERED/RETAINED)
portion of the subject lands through an application for a plan of subdivision only. On execution of this agreement, an
authorizing By-law is required from Town Council and subsequent registration of the Agreement on title for the
subject lands, prior to satisfaction of this condition.
5. SERVICING AGREEMENT CONDITION
That the applicant enter into an agreement with the municipality, to provide the municipal servicing required for the
subject lands through a servicing agreement. Through this agreement the owner of the lands will be responsible for
the installation of the required municipal services to the Town’s standards and acceptance as per the terms of the
agreement, and also be responsible for securing with the Town the cost of installing the subject services, (through
either a cash deposit, or a letter of credit). Upon execution of this agreement, an authorizing By-law is required from
Town Council and subsequent registration of the Agreement on title for the subject lands, prior to the satisfaction of
this condition.
Planning & Regulatory Services - Parks & Natural Heritage:
Parks staff has no comments on the application
Comments for the applicant for future applications:
Permits are required to facilitate removal of private and Town owned trees. Applicable fees and a replacement plan will be
required.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made
aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the
Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement
acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of
notice. Further the applicant shall be required to pay the sum of $112.00 to reimburse the Town for the cost of
registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the
above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The
Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department).
2. Payment of all current and outstanding taxes to date of consent.
3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit
issuance. Water meter and tree charges are also applicable at that time.
4. The Town will require land to be conveyed for park or other public recreation purposes or at the option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given
or cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within
four years from the date of demolition.)
April 7, 2016
Page 10
5. Development Charges will also be applicable on the retained lands prior to building permit issuance unless the
finance and administration department receives documentation that levies were paid on these lands, or that an
existing structure is to be demolished. (must build within four years from the date of demolition.)
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached).
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No concerns.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Located outside jurisdiction.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
A008/16; Concurrent Application
A009/16; Concurrent Application
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES DEPARTMENT – REGULATORY SERVICES – ZONING SECTION:
1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to
Demolition Control By-law No. 15-90 and that the Owner demolish all buildings and/or structures and remove all debris
to the satisfaction of the Chief Building Official or; that the Owner make arrangements satisfactory to the Chief Building
Official to demolish all buildings and/or structures and remove all debris to his satisfaction.
2. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
April 7, 2016
Page 11
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance
or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same trench)
+ HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
4. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
5. DEVELOPMENT AGREEMENT CONDITION
That the applicant enter into an Agreement with the municipality, to further develop the (SEVERED/RETAINED)
portion of the subject lands through an application for a plan of subdivision only. On execution of this agreement, an
authorizing By-law is required from Town Council and subsequent registration of the Agreement on title for the subject
lands, prior to satisfaction of this condition.
April 7, 2016
Page 12
6. SERVICING AGREEMENT CONDITION
That the applicant enter into an agreement with the municipality, to provide the municipal servicing required for the
subject lands through a servicing agreement. Through this agreement the owner of the lands will be responsible for
the installation of the required municipal services to the Town’s standards and acceptance as per the terms of the
agreement, and also be responsible for securing with the Town the cost of installing the subject services, (through
either a cash deposit, or a letter of credit). Upon execution of this agreement, an authorizing By-law is required from
Town Council and subsequent registration of the Agreement on title for the subject lands, prior to the satisfaction of
this condition.
CORPORATE AND FINANCIAL SERVICES:
7. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for park
or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land, pursuant to
Section 42 of the Planning Act, prior to the issuance of a building permit. Such agreement must be registered on title to
the SEVERED PARCEL for the purpose of notice. Further, the applicant shall be required to pay the sum of $112.00
to reimburse the Town for the cost of registration of the agreement (please contact the Legal Department). (If the
applicant does not wish to enter into the above agreement, he or she may voluntarily pay any cash-in-lieu owing under
Section 42, at an earlier date. The applicant (owner) may determine the amount of cash-in-lieu required by contacting
the Finance Department.).
8. Payment of all current and outstanding taxes to date of consent.
COMMITTEE OF ADJUSTMENT:
9. That Minor Variance Applications A008/16 & A009/16 be approved and become final and binding.
10. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
11. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms
substantially with the application as submitted.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
April 7, 2016
Page 13
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
Please note that the Town, Regional and Educational development charges are payable prior to building permit issuance.
Water meter and tree charges are also applicable at that time.
The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given or
cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within four
years from the date of demolition).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished.
(Must build within four years from the date of the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
April 7, 2016
Page 14
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A008/16
DATE:
APRIL 7, 2016
NAME OF OWNER:
MOSTAFA MOLLA-BAGHERI
NAME OF AGENT:
JOE BATTAGLIA
B
RELATED FILE: B001/16 & A009/16
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
71 Harding Boulevard
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 66-71, as amended to permit reduced minimum interior side yard setbacks
(east and west), increased maximum gross floor area, increased maximum lot coverage and increased maximum building
height to accommodate the construction of a proposed two-storey single family dwelling on the severed lands. Relief is
also being requested to permit a reduced minimum lot frontage to facilitate Consent Application B001/16.
Maximum Lot Coverage
Minimum Frontage
Maximum Gross Floor Area
Maximum Building Height
Minimum Sideyard Setback – East
Minimum Sideyard Setback – West
By-Law
Requirement
30.00 %
15.24 m ( 50.00 ft)
204.37 m2 ( 2,199.82 ft2)
8.50 m ( 27.89 ft)
2.11 m ( 6.92 ft)
2.11 m ( 6.92 ft)
Proposed
32.28 %
13.41 m ( 44.00 ft)
374.64 m2 ( 4,032.59 ft2)
9.99 m (32.77 ft)
1.21 m ( 3.97 ft)
1.22 m ( 4.00 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Residential Second Density (R2) Zone
By-law 66-71, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Gross Floor Area:
Maximum Building Height:
15.24 m. (50 ft.)
464.52 sq. m. (5,000 sq. ft.)
Established Building Line
2.11 m. (6.92 ft.)
7.62 m. (25 ft.)
30%
Calculated as per Net Lot Frontage
8.50 m. (27.89 ft.)
Difference
2.28 %
1.83 m ( 6.00 ft)
170.27m2 ( 1,832.77 ft2)
1.49 m (4.88 ft)
0.90 m ( 2.95 ft)
0.89 m ( 2.92 ft)
April 7, 2016
Page 15
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject property currently supports a two-storey, single-detached dwelling in an established low density residential
area.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Harding Boulevard, Residential
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on March 14 2016.
Public notice was mailed on March 24, 2016.
Applicant confirmed posting of signage in accordance with the Planning Act on March 24, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
Consent application B001/16 seeks approval to sever a parcel of land for residential purposes. The existing singledetached dwelling on the property is proposed to be demolished.
The applicant is seeking approval for consent to sever a parcel of land approximately 13.41 m. (44.0 ft.) by 43.24 m.
(141.86 ft.), having an area of approximately 579.76 sq. m. (6,240.48 sq. ft.) and retain a parcel of land approximately
13.41 m. (44.0 ft.) by 43.24 m. (141.86 ft.), having an area of approximately 579.76 sq. m. (6,240.48 sq. ft.). Both the
severed and retained parcels will have frontage onto Harding Boulevard.
The requested severance is considered to be appropriate in light of the surrounding land use context and existing lot
patterns. The lot fabric along Harding Boulevard contains lots of record having frontages of approximately 13.41 m. from
previous consent approvals on properties including 49, 54 and 70 Harding Boulevard (Town File Nos.: B016/14, B022/13,
and B046/15) and therefore the proposed severance will conform to the transitional character of the street.
Minor variance applications A008/16 and A009/16 are requested to facilitate the construction of a two-storey single
detached dwelling on both the severed and retained properties. To facilitate the proposed developments, the minor
variance applications are specifically seeking relief from the following provisions of By-law 66-71, as amended:
April 7, 2016
By-law Standard
Max. Lot Coverage
Min. Frontage
Max. Gross Floor Area
Max. Building Height
Min. Side Yard Setback (East)
Min. Side Yard Setback (West)
Page 16
By-law Requirement
30%
15.24 m. (50.0 ft.)
204.37 sq. m.
(2,199.82 sq. ft.)
8.50 m. (27.89 ft.)
2.11 m. (6.92 ft.)
2.11 m. (6.92 ft.)
Proposed
(A008/16)
32.28%
13.41 m. (44.0 ft.)
374.64 sq. m.
(4,032.59 sq. ft.)
9.99 m. (32.77 ft.)
1.21 (3.97 ft.)
1.22 (4.0 ft.)
Proposed
(A009/16)
32.28%
13.41 m. (44.0 ft.)
374.64 sq. m.
(4,032.59 sq. ft.)
10.06 m. (33.0 ft.)
1.22 (4.0 ft.)
1.21 (3.97 ft.)
The subject property is located within an established residential area that is composed of older one-storey single-detached
dwellings and newer two storey single-detached dwellings. In 1992, Zoning By-law No. 212-92 was passed by Council in
order to implement additional zoning provisions to restrict the construction of “monster homes” in this general area.
Specifically, Zoning By-law No. 212-92 utilizes a formula based on individual lot frontage and lot depth to determine the
maximum allowable gross floor area for dwellings on each lot within the affected area. The By-law also establishes a
maximum gross floor area of 265.0 sq. m. (2,852.44 sq. ft.) and a maximum height of 8.5 m. (27.89 ft.) to further protect
against “monster homes”.
Similar minor variance requests for an increase in maximum lot coverage (between 30.26% to 35%), building height
(between 8.63 m. (28.31 ft.) to 8.79 m. (28.84 ft.)), and gross floor area (between 320 sq. m. (3,444.45 sq. ft.) to 362.3 sq.
m. (3,899.76 sq. ft.)), as well as decreases in side yard setbacks (between 1.2 m. (3.94 ft.) to 1.61 m. (5.28 ft.)) have been
approved for properties in the immediate surrounding area including 49, 54, 70, and 139 Harding Boulevard (Town File
Nos.: A057/14, A058/14, A091/13, A092/13, A113/15, A114/15, and A079/12). Based on the existing development in the
area, the variances will generally be compatible with the transitional character of the area and generally maintain the
streetscape of the neighbourhood.
Planning staff has reviewed the proposed minor variance applications and believes that the proposals meet the four (4)
prescribed tests set out in Section 45.1 of the Planning Act in that the requested variances are considered to be minor in
nature, is desirable for the appropriate development of the subject lands, and maintains the general intent and purpose of
the applicable Official Plan and Zoning By-law.
As such, Planning staff recommends approval of consent application B001/16 and the associated minor variance
applications A008/16 and A009/16.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application
Comments for the applicant for future applications:
Permits are required to facilitate removal of private and Town owned trees. Applicable fees and a replacement plan will be
required.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
April 7, 2016
Page 17
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
No comments.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
B001/16; New Lot; Concurrent Application
A009/16; Concurrent Application
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
3. That Consent Applications B001/16 receive final certification of the Secretary-Treasurer and be registered on title.
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
April 7, 2016
Page 18
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A009/16
DATE:
APRIL 7, 2016
NAME OF OWNER:
MOSTAFA MOLLA-BAGHERI
NAME OF AGENT:
JOE BATTAGLIA
C
RELATED FILE: B001/16 & A008/16
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
71 Harding Boulevard
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum interior side yard setbacks
(east and west), increased maximum gross floor area, increased maximum lot coverage and increased maximum building
height to accommodate the construction of a proposed two-storey single family dwelling on the retained lands. Relief is
also being requested to permit a reduced minimum lot frontage to facilitate Consent Application B001/16.
Maximum Lot Coverage
Minimum Frontage
Maximum Gross Floor Area
Maximum Building Height
Minimum Sideyard Setback – East
Minimum Sideyard Setback – West
By-Law
Requirement
30.00 %
15.24 m ( 50.00 ft)
204.37 m2 ( 2,199.82 ft2)
8.50 m ( 27.89 ft)
2.11 m ( 6.92 ft)
2.11 m ( 6.92 ft)
Proposed
32.28 %
13.41 m ( 44.00 ft)
374.64 m2 ( 4,032.59 ft2)
10.06 m (33.00 ft)
1.22 m ( 4.00 ft)
1.21 m ( 3.97 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Residential Second Density (R2) Zone
By-law 66-71, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Gross Floor Area:
Maximum Building Height:
15.24 m. (50 ft.)
464.52 sq. m. (5,000 sq. ft.)
Established Building Line
2.11 m. (6.92 ft.)
7.62 m. (25 ft.)
30%
Calculated as per Net Lot Frontage
8.50 m. (27.89 ft.)
Difference
2.28 %
1.83 m ( 6.00 ft)
170.27 m2 ( 1,832.77ft2)
1.56 m ( 5.11 ft)
0.89 m ( 2.92 ft)
0.90 m ( 2.95 ft)
April 7, 2016
Page 19
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject property currently supports a two-storey, single-detached dwelling in an established low density residential
area.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Harding Boulevard, Residential
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on March 14 2016.
Public notice was mailed on March 24, 2016.
Applicant confirmed posting of signage in accordance with the Planning Act on March 24, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
Consent application B001/16 seeks approval to sever a parcel of land for residential purposes. The existing singledetached dwelling on the property is proposed to be demolished.
The applicant is seeking approval for consent to sever a parcel of land approximately 13.41 m. (44.0 ft.) by 43.24 m.
(141.86 ft.), having an area of approximately 579.76 sq. m. (6,240.48 sq. ft.) and retain a parcel of land approximately
13.41 m. (44.0 ft.) by 43.24 m. (141.86 ft.), having an area of approximately 579.76 sq. m. (6,240.48 sq. ft.). Both the
severed and retained parcels will have frontage onto Harding Boulevard.
The requested severance is considered to be appropriate in light of the surrounding land use context and existing lot
patterns. The lot fabric along Harding Boulevard contains lots of record having frontages of approximately 13.41 m. from
previous consent approvals on properties including 49, 54 and 70 Harding Boulevard (Town File Nos.: B016/14, B022/13,
and B046/15) and therefore the proposed severance will conform to the transitional character of the street.
Minor variance applications A008/16 and A009/16 are requested to facilitate the construction of a two-storey single
detached dwelling on both the severed and retained properties. To facilitate the proposed developments, the minor
variance applications are specifically seeking relief from the following provisions of By-law 66-71, as amended:
April 7, 2016
By-law Standard
Max. Lot Coverage
Min. Frontage
Max. Gross Floor Area
Max. Building Height
Min. Side Yard Setback (East)
Min. Side Yard Setback (West)
Page 20
By-law Requirement
30%
15.24 m. (50.0 ft.)
204.37 sq. m.
(2,199.82 sq. ft.)
8.50 m. (27.89 ft.)
2.11 m. (6.92 ft.)
2.11 m. (6.92 ft.)
Proposed
(A008/16)
32.28%
13.41 m. (44.0 ft.)
374.64 sq. m.
(4,032.59 sq. ft.)
9.99 m. (32.77 ft.)
1.21 (3.97 ft.)
1.22 (4.0 ft.)
Proposed
(A009/16)
32.28%
13.41 m. (44.0 ft.)
374.64 sq. m.
(4,032.59 sq. ft.)
10.06 m. (33.0 ft.)
1.22 (4.0 ft.)
1.21 (3.97 ft.)
The subject property is located within an established residential area that is composed of older one-storey single-detached
dwellings and newer two storey single-detached dwellings. In 1992, Zoning By-law No. 212-92 was passed by Council in
order to implement additional zoning provisions to restrict the construction of “monster homes” in this general area.
Specifically, Zoning By-law No. 212-92 utilizes a formula based on individual lot frontage and lot depth to determine the
maximum allowable gross floor area for dwellings on each lot within the affected area. The By-law also establishes a
maximum gross floor area of 265.0 sq. m. (2,852.44 sq. ft.) and a maximum height of 8.5 m. (27.89 ft.) to further protect
against “monster homes”.
Similar minor variance requests for an increase in maximum lot coverage (between 30.26% to 35%), building height
(between 8.63 m. (28.31 ft.) to 8.79 m. (28.84 ft.)), and gross floor area (between 320 sq. m. (3,444.45 sq. ft.) to 362.3 sq.
m. (3,899.76 sq. ft.)), as well as decreases in side yard setbacks (between 1.2 m. (3.94 ft.) to 1.61 m. (5.28 ft.)) have been
approved for properties in the immediate surrounding area including 49, 54, 70, and 139 Harding Boulevard (Town File
Nos.: A057/14, A058/14, A091/13, A092/13, A113/15, A114/15, and A079/12). Based on the existing development in the
area, the variances will generally be compatible with the transitional character of the area and generally maintain the
streetscape of the neighbourhood.
Planning staff has reviewed the proposed minor variance applications and believes that the proposals meet the four (4)
prescribed tests set out in Section 45.1 of the Planning Act in that the requested variances are considered to be minor in
nature, is desirable for the appropriate development of the subject lands, and maintains the general intent and purpose of
the applicable Official Plan and Zoning By-law.
As such, Planning staff recommends approval of consent application B001/16 and the associated minor variance
applications A008/16 and A009/16.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application
Comments for the applicant for future applications:
Permits are required to facilitate removal of private and Town owned trees. Applicable fees and a replacement plan will be
required.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
April 7, 2016
Page 21
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
No comments.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
B001/16; New Lot; Concurrent Application
A008/16; Concurrent Application
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
3. That Consent Applications B001/16 receive final certification of the Secretary-Treasurer and be registered on title.
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
April 7, 2016
Page 22
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A017/16
DATE:
APRIL 7, 2016
NAME OF OWNER:
ZOLFAKAR DANESH PEAP
NAME OF AGENT:
ALBERT YERUSHALMI
D
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
260 Ruggles Avenue
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 212-92, as amended, to permit reduced interior side yard setbacks (north
and south), increased maximum gross floor area, increased maximum building height and increased maximum
encroachment into the front yard (stairs) to accommodate the construction of a proposed two storey single family dwelling.
Maximum Gross Floor Area
Maximum Height
Minimum Sideyard Setback - North
Minimum Sideyard Setback - South
Maximum Front Yard Encroachment
By-Law
Requirement
255.48 m2(2,749.96 ft2)
8.50 m (28.00 ft)
2.11 m ( 6.92 ft)
2.11 m ( 6.92 ft)
2.44 m ( 8.01 ft)
Proposed
324.00 m2( 3,487.50 ft2)
9.30 m ( 30.51 ft)
1.93 m ( 6.33 ft)
1.93 m ( 6.33 ft)
3.48 m ( 11.42 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
“Neighbourhood”
“Second Density Residential (R2) Zone”
By-law No. 66-71, as amended by By-law No. 212-92
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard:
Minimum Interior Side Yard:
Minimum Rear Yard:
Maximum Building Height:
Maximum Gross Floor Area:
Maximum Lot Coverage:
15.24 metres (50 feet)
464.51 square metres (5,000 square feet)
Established Building Line (10.21 metres or 33.50 feet)
2.11 metres (6.92 feet)
7.62 metres (25 feet)
8.5 metres (28 feet)
255.48 square metres (2,749.96 square feet)
30%
Difference
68.52 m2( 737.47 ft2)
0.80 m ( 2.51 ft)
0.18 m ( 0.59 ft)
0.18 m ( 0.59 ft)
1.04 m ( 3.41 ft)
April 7, 2016
Page 23
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for
the reference of the Members of the Committee of Adjustment. Full compliance with all applicable
zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of
any building permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject land is located on the west side of Ruggles Avenue, south of Major Mackenzie Drive East, within an
established residential neighbourhood. The site presently accommodates a two-storey single detached dwelling
constructed in approximately 1950, which is proposed to be demolished in order to facilitate the construction of a
new two-storey dwelling on the property. Abutting uses include one-storey single detached dwellings to the north,
two-storey single detached dwellings to the south, and a two-storey single detached dwelling to the west.
ADJACENT LAND CONDITIONS:
North: Residential
South: Residential
East:
Residential/Ruggles Avenue
West: Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on March 14 2016.
Public notice was mailed on March 24, 2016.
Applicant confirmed posting of signage in accordance with the Planning Act on March 7, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The applicant is proposing to construct a new two-storey single detached dwelling on the subject land, and has submitted
a Minor Variance application in order to:
(1) increase the maximum allowable gross floor area from 255.48 square metres (2,749.96 square feet) to 324.00 square
metres (3,487.51 square feet);
(2) increase the maximum allowable step encroachment into the minimum front yard from 2.44 metres (8.01 feet) to 3.48
metres (11.42 feet);
(3) increase the maximum allowable building height from 8.5 metres (27.89 feet) to 9.30 metres (30.51 feet);
(4) reduce the minimum northerly side yard setback from 2.11 metres (6.92 feet) to 1.93 metres (6.33 feet); and,
(5) reduce the minimum southerly side yard setback from 2.11 metres (6.92 feet) to 1.93 metres (0.18 feet);
The subject land is located in an established residential area that is experiencing a gradual transition from smaller
predominantly one-storey single detached dwellings to larger, predominantly two-storey dwellings. As such, the requested
variances are generally consistent with previous approvals granted within the vicinity of the subject lands. For example,
A017/14 (169 Ruggles Avenue) received variances for increased maximum gross floor area to 324.43 square metres,
maximum allowable stair encroachment to 3.48 metres, maximum allowable building height to 8.99 metres, and reduced
April 7, 2016
Page 24
minimum northerly and southerly side yard setbacks to 1.63 and 1.20 respectively. In addition, similar approvals were
granted in the instance of A007/13 (173 Ruggles Avenue) and A034/13 (214 Ruggles Avenue). Given the aforementioned,
the relief being sought by the applicant is consistent with the established pattern of redevelopment that has recently been
occurring along Ruggles Avenue. Therefore, the proposed dwelling will be compatible with the transitioning lot fabric and
character of the surrounding area.
On the basis of the preceding, the proposal meets the four (4) conditions described under Section 45(1) of the Planning
Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is
minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law
and of the Town’s Official Plan. Planning staff recommends that minor variance application A17/16 be approved.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application.
Comments for the applicant for future applications:
Ensure plans submitted for future applications demonstrate that existing trees will be protected in accordance with Town
standards.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No comments.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
April 7, 2016
Page 25
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
April 7, 2016
Page 26
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A018/16
DATE:
APRIL 7, 2016
NAME OF OWNER:
SUSAN & RON FLAM
NAME OF AGENT:
LORNE ROSE
E
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
9 Maryvale Cresent
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 2523, as amended, to permit increased maximum roof and wall height for
an accessory structure to accommodate an existing pavilion located in the rear yard.
Maximum Wall Height
Maximum Roof Height
By-Law
Requirement
2.44 m ( 8.00 ft)
3.60 m (11.81 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Proposed
3.77 m ( 12.37 ft)
5.61 m ( 18.41 ft)
Neighbourhood
First Density Residential “S” (R1(S)) Zone
By-law No. 2523, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Building Height:
Maximum Wall Height (Accessory Structure)
Maximum Roof Height (Accessory Structure)
30.48 metres (100.0 feet)
1,393.55 square metres (15,000.0 square feet)
9.14 metres (30.0 feet)
1.52 metres (5.0 feet)
7.62 metres (25.0 feet)
10.67 metres (35.0 feet)
2.44 metres (8.00 feet)
3.60 metres (11.81 feet)
Difference
1.33 m ( 4.37 ft)
2.01 m ( 6.59 ft)
April 7, 2016
Page 27
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands are located on the east side of Maryvale Crescent, north of Westwood Lane and west of Pearson
Avenue. The proposal seeks approval for an existing accessory structure (pavillion) located within the rear yard of a twostorey dwelling constructed in 2014. Applications requesting relief for increased lot coverage and increased maximum
gross floor area with respect to the dwelling (A066/13) and for increased maximum roof and wall height for a cabana
(A021/14) were previously approved by the Committee of Adjustment.
The subject lands are situated within a neighbourhood that has undergone considerable redevelopment whereby the
majority of the original bungalows and older two-storey dwellings have been replaced by large two-storey dwellings.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Residential
East:
Residential
West:
Maryvale Crescent
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on March 14 2016.
Public notice was mailed on March 24, 2016.
Applicant confirmed posting of signage in accordance with the Planning Act on February 29, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The applicant is requesting relief from By-law No. 2523, as amended, to allow the location of an existing pavilion with
increased roof and wall height within the rear yard. In support of this request, the following variances are proposed:
• increased maximum wall height from 2.44 metres (8.00 feet), as permitted, to 3.77 metres (12.37 feet),
as proposed; and,
• increased maximum roof height from 3.60 metres (11.81 feet), as permitted, to 5.61 metres (18.41 feet), as proposed.
The existing pavilion is located adjacent to the north property boundary of the site and abuts the main wall of the existing
dwelling. The pavilion is not visible from Maryvale Crescent and in this regard, does not result in any impacts to the
streetscape. It should also be noted that the request for increased roof and wall height is consistent with previous
Committee of Adjustment approvals for accessory structures within the surrounding area (A004/15, 16 Bryson Drive,
permitted a maximum cabana roof height of 4.98 metres (16.33 feet) and A017/15, 14 Bryson Drive, permitted a maximum
building height of 4.57 metres (15.00 feet)).
On the basis of the preceding, the proposal meets the four (4) conditions described under Section 45(1) of the Planning
Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is
April 7, 2016
Page 28
minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law
and of the Town’s Official Plan. Planning staff recommends that minor variance application A018/16 be approved.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
No comments.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No comments.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
A066/13 – Coverage; GFA; Approved
A021/14 – Roof/Wall height (cabana); Approved
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
April 7, 2016
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
Page 29
April 7, 2016
Page 30
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A019/16
DATE:
APRIL 7, 2016
NAME OF OWNER:
STEVEN LAURIE BLAIR MULA
NAME OF AGENT:
JOHN RAMIREZ
F
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
102 Lucas Street
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced interior side yard setback (north) to
the top of second storey to accommodate a proposed second storey addition to the existing 1 1/2 storey dwelling. Relief is
also being sought to recognize the existing (deficient) interior side yard setbacks (north and south) to the ground floor.
By-Law
Requirement
Proposed
Difference
Sideyard Setback - North Side – To
3.00 m ( 9.84 ft)
1.39 m ( 4.56 ft)
1.61 m ( 5.28 ft)
Top of 2nd Storey
Sideyard Setback - North (Existing)
1.50 m ( 4.92 ft)
0.09 m ( 0.29 ft)
1.41 m ( 4.63 ft)
Sideyard Setback - South(Existing)
1.50 m ( 4.92 ft)
1.07 m ( 3.51 ft)
0.43 m ( 1.41 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Gross Floor Area:
Maximum Height:
Neighbourhood, Richmond Hill Official Plan
R2
66-71, as amended
15.24 metres (50 feet)
464.5 square metres (5000 square feet)
6.10 metres (20 feet) to existing first storey
9.1 metres (29.9 feet) to existing second storey
1.5 metres (4.92 feet) to existing first storey
3.0 metres to existing second storey
7.62 metres (25 feet)
231.65 square metres (2493 square feet)
8.5 metres (27.89 feet)
April 7, 2016
Page 31
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands currently support a single detached dwelling. The dwelling is proposed to remain and the applicant is
proposing a second storey addition.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Residential
East:
Lucas Street
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on March 14 2016.
Public notice was mailed on March 24, 2016.
Applicant confirmed posting of signage in accordance with the Planning Act on March 8, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The subject lands currently support an existing single detached dwelling. The applicant is proposing to add a second
storey addition to the existing dwelling. It should be noted that the application is currently undergoing Site Plan approval
(Town File No. D06-15090), and the application is being reviewed by staff in detail.
As part of their development proposal, the applicant will require relief for the north side yard setback to the top of the
second storey. 3.0 metres (9.84 feet) is required, whereas the applicant is proposing 1.39 metres (4.56 feet). In addition to
the preceding, the applicant is requesting relief for the existing north and south side yard setbacks for the first storey. 1.5
metres (4.92 feet) is required, whereas the existing side yard setbacks are 0.09 metres (0.29 feet) for the north side yard
and 1.07 metres (3.51 feet) for the south side yard.
Staff notes that the relief requested for the first storey is existing and no change is proposed in this regard. As a result,
staff has no issues with the requests for the north and south side yard setbacks to the first storey. In addition, it is the
opinion of staff that the proposed reduced north side yard setback for the second storey is still greater than the existing
setback and therefore does not exacerbate the existing situation.
Staff is of the opinion that the requested relief is in keeping with the general intent and purpose of the applicably Official
Plan and Zoning By-law, is minor in nature and is an appropriate and desirable development of the subject lands. Staff
therefore recommends approval of the application.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
April 7, 2016
Page 32
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application and will continue to work with the applicant on the concurrent site plan
application (D06-15090).
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No comments.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
Related Site Plan Application: D06-15090
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
April 7, 2016
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
Page 33
April 7, 2016
Page 34
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A020/16
DATE:
APRIL 7, 2016
NAME OF OWNER:
CATHLEEN MARY PERRUZZA
NAME OF AGENT:
ALESSANDRO PERRUZZA
G
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
66 Centre Street West
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced interior side yard setback to top of
second storey (west), increased maximum gross floor area and increased maximum building height to accommodate the
construction of a proposed two storey dwelling.
Maximum Gross Floor Area
Maximum (Building) Height
Minimum Side Yard Setback - West
(To Top of Second Storey)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
By-Law
Requirement
279.98 m2( 3,013.68 ft2)
8.50 m ( 27.89 ft)
Proposed
443.33 m2( 4,771.96 ft2)
9.70 m ( 31.82 ft)
Difference
163.35 m2( 1,758.28 ft2)
1.20 m ( 3.94 ft)
3.00 m ( 9.84 ft)
1.83 m ( 6.00 ft)
1.17 m ( 3.84 ft)
Neighbourhood
Second Density Residential (R2) Zone
By-law No. 66-71, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Maximum Gross Floor Area:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Building Height:
15.24 metres (50.0 feet)
464.51 square metres (5,000.0 square feet)
279.98 square metres (3,013.68 square feet)
Existing, if front yard was greater than 9.1 metres (29.86 feet)
1.50 metres (4.92 feet) and 3.00 metres (9.84 feet) to top of the second
storey
7.62 metres (25.0 feet)
8.50 metres (27.89 feet)
April 7, 2016
Page 35
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands are located on the south side of Centre Street West, south of Richmond Street and west of Elizabeth
Street South. The subject lands are located within the Village Core area of the Town, which is characterized by a range of
dwelling ages, sizes and architectural styles and contains a large number of heritage buildings.
The proposal seeks approval to permit a new two-storey single detached dwelling to be constructed on the subject lands
and the existing dwelling constructed in the 1940s is to be demolished. It should be noted that a related Site Plan
Application has been received by the Town and is currently under review (Town File No. D06-15048).
ADJACENT LAND CONDITIONS:
North:
Centre Street West
South:
Residential
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on March 14 2016.
Public notice was mailed on March 24, 2016.
Applicant confirmed posting of signage in accordance with the Planning Act on March 23, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The applicant is requesting relief from By-law No. 66-71, as amended, to permit a new two-storey dwelling to be
constructed on the subject lands. In support of this request, the following variances are proposed:
• increased maximum gross floor area from 279.98 square metres (3,013.68 square feet), as permitted, to 443.33 square
metres (4,771.96 square feet), as proposed;
• increased maximum building height from 8.50 metres (27.89 feet), as permitted, to 9.70 metres (31.82 feet), as
proposed; and,
• reduced minimum side yard setback (west) measured to the top of the second storey from 3.0 metres (9.84 feet), to
1.83 metres (6.0 feet), as proposed.
Planning staff has reviewed the application and concludes that the requested variances are reasonable and appropriate
within the context of the proposed dwelling design, which features a deep, pitched roof and garage connected to the main
dwelling by an enclosed breezeway. In consideration of the recessed placement of the proposed dwelling and the
dimensions of the lot, the requested increase in maximum permitted building height and gross floor area are not expected
to impact the existing streetscape. It should be noted that the applicant has worked with the Town’s Planning and Urban
Design and Heritage staff through the related Site Plan review process to prepare a design that is in keeping with the
heritage character of the neighbourhood and meets the intent of the Village Core Neighbourhood Design Guidelines. In
addition, it is also noted that the request for increased building height is consistent with a recent Committee of Adjustment
April 7, 2016
Page 36
approval within the Village Core Neighbourhood (A081/14, 192 Richmond Street, increased building height to 10.02
metres (32.87 feet).
On the basis of the preceding, the proposal meets the four (4) conditions described under Section 45(1) of the Planning
Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is
minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law
and of the Town’s Official Plan. Planning staff recommends that minor variance application A020/16 be approved.
Planning & Regulatory Services - Development Engineering:
No concern or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application and will continue to work with the applicant on the concurrent site plan
application (D06-15048).
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No comments.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
Related Site Plan Application: D06-15048
April 7, 2016
Page 37
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
April 7, 2016
Page 38
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A021/16
DATE:
APRIL 7, 2016
NAME OF OWNER:
SEYED MEHDI YADI HAMEDANI
NAME OF AGENT:
IRAJ NABIZADEH
H
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
41 Maple Grove Avenue
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 1275, as amended, to recognize the existing (deficient) lot frontage. Relief is
required to construct a proposed two storey single family dwelling.
Minimum Frontage
By-Law
Requirement
22.86 m ( 75.00 ft)
Proposed
15.23 m ( 49.97 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood, Priority Infill Area
Residential Urban (RU) Zone
By-law 1275, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Minimum Ground Floor Area (1 Storey):
Minimum Ground Floor Area (1½ Storey or 2 Storey):
Maximum Height:
22.86 m. (75 ft.)
929.03 sq. m. (10,000 sq. ft.)
9.14 m. (30 ft.)
1.52 m. (5 ft.)
9.14 m. (30 ft.)
92.90 sq. m. (1,000 sq. ft.)
69.68 sq. m. (750 sq. ft.)
10.67 m. (35 ft.)
Difference
7.63 m ( 25.03 ft)
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
April 7, 2016
Page 39
SITE CONDITIONS:
The subject lands are located on the south side of Maple Grove Avenue, east of Schomberg Road in an established low
density residential area. The site currently supports a one-storey single detached dwelling which is proposed to be
demolished in order to facilitate the construction of a new two-storey dwelling on the property.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Maple Grove Avenue, Residential
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on March 14 2016.
Public notice was mailed on March 24, 2016.
Applicant confirmed posting of signage in accordance with the Planning Act on March 4, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The proposed variances are requested to facilitate the construction of a new two-storey single detached dwelling on the
subject property. The existing dwelling on the property is proposed to be demolished. Planning Staff note that similar
approvals were granted in the direct vicinity, including A040/15 (38 Maple Grove Avenue) and A069/15 (44 Maple Grove
Avenue) to recognize (existing) deficient lot frontage. Therefore, the proposal is considered to be keeping with the existing
character of the neighbourhood. This is one of several existing lots of Maple Grove Avenue with lot frontage deficiencies,
therefore conforms to the existing lot fabric and character of the area.
To facilitate the proposed development, the minor variance application is specifically seeking relief from the following
provisions of By-law 1275, as amended:
•
Recognize the existing (deficient) lot frontage of 15.23m (49.97 ft.), where 22.86 m. (75 ft.) is required.
The subject property is located within an established residential area that is composed of traditional single-storey and
newer two-storey single detached dwelling units. The subject property is within a Priority Infill Area in accordance with the
Town of Richmond Hill’s New Official Plan. Originally passed in 1961, Zoning By-law 1275, as amended reflects the
general development of the area during that time period being modest dwellings on larger lots. The proposed new twostorey single detached dwelling will conform to all other provisions of the applicable by-law including side yard and back
yard setbacks, height, and gross floor area, thereby mitigating potential negative impacts of a deficient lot frontage.
The existing lot frontage reflects the lot size and configuration of surrounding properties in the neighbourhood from the
1950’s, which predates the Zoning By-law established in this area in 1961. Given that this standard is an existing
condition, Planning staff considers the variance appropriate.
Planning staff has reviewed the proposed minor variance application and believes that the proposal meets the four (4)
prescribed tests set out in Section 45.1 of the Planning Act in that the requested variance is considered to be minor in
nature, is desirable for the appropriate development of the subject land, and maintains the general intent and purpose of
April 7, 2016
Page 40
the applicable Official Plan and Zoning By-law. Planning staff recommends approval of the minor variance application
A021/16.
Planning & Regulatory Services - Development Engineering:
No concern or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application
Comments to be addressed through future development applications:
The owner must comply with Tree Preservation By-law No. 41-07 as it applies. Injury or destruction of any tree equal to or
greater than 20 cm DBH on the subject property or any adjacent properties requires permission from the Town through the
building permit process.
Please be advised that a tree planting plan to offset tree removal will be required through the building permit process.
Native trees are recommended. Protection of existing trees in accordance with Town standards will also be required
during
the construction process.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
conditions:
1. The applicant obtains a TRCA permit pursuant to Ontario Regulation 166/06, as amended, for the proposed works.
2. That the applicant remits the outstanding TRCA Planning Services review fee of $550.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
April 7, 2016
Page 41
Previous / Concurrent Applications for the Subject Lands:
B057/88 – New Lot; Approved
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. The applicant obtains a TRCA permit pursuant to Ontario Regulation 166/06, as amended, for the proposed works.
3. That the applicant remits the outstanding TRCA Planning Services review fee of $550.00.
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
April 7, 2016
Page 42
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A022/16
DATE:
APRIL 7, 2016
NAME OF OWNER:
ANTHONY & DORA CARADONNA
NAME OF AGENT:
N/A
I
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
233 Baker Avenue
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 212-92, as amended, to permit reduced interior side yard setbacks (north
and south), increased maximum gross floor area, increased maximum lot coverage and increased maximum building
height to accommodate the construction of a proposed two storey single family dwelling.
Maximum Lot Coverage
Maximum Gross Floor Area
Maximum Height
Minimum Sideyard Setback - North
Minimum Sideyard Setback - South
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Gross Floor Area:
Maximum Lot Coverage:
Maximum Height:
By-Law
Requirement
30%
235.00 m2( 2,529.51 ft2)
8.50 m ( 27.89 ft)
2.11 m ( 6.92 ft)
2.11 m ( 6.92 ft)
Proposed
34.7%
361.05 m2( 3,886.31 ft2)
9.50 m ( 31.16 ft)
1.27 m ( 4.17 ft)
1.27 m ( 4.17 ft)
Difference
4.7%
126.05 m2( 1,356.80 ft2)
1.00 m ( 3.27 ft)
0.84 m ( 2.76 ft)
0.84 m ( 2.76 ft)
Neighbourhood
R2
66-71, as amended
15.24 metres (50 feet)
464.52 square metres (5000 square feet)
16.15 metres (53 feet) from the centerline of the road and in no case
shall the front yard be less than 6.10 metres (20 feet)
for a one storey dwelling shall be 1.5 metres (4.92 feet) and an additional
0.61 metres (2 feet) for each additional storey or part thereof
7.62 metres (25 feet)
235 square metres (2529 square feet)
30%
8.5 metres
April 7, 2016
Page 43
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands currently support a one storey single detached dwelling. The existing dwelling is proposed to be
demolished and replaced with a new, two storey single detached dwelling.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Residential
East:
West:
Residential
Baker Avenue
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on March 14 2016.
Public notice was mailed on March 24, 2016.
Applicant confirmed posting of signage in accordance with the Planning Act on March 21, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The applicant is proposing to build a new, two storey single detached dwelling. As part of their proposal, the applicant is
seeking relief for an increased lot coverage and Gross Floor Area (GFA), an increase maximum height and reduced north
and south side yard setbacks. Detailed information is provided below:
Maximum Lot Coverage
Maximum Gross Floor Area
Maximum Height
Minimum Side Yard
Setback – North
Minimum Side Yard
Setback – South
By-law Requirement
30%
235 square metres
(2529.51 square feet)
8.5 metres (27.89 feet)
2.11 metres (6.92 feet)
Proposed
Difference
34.7%
361.05 square metres
(3886.31 square feet)
9.5 metres (31.16 feet)
1.27 metres (4.17 feet)
4.7%
126.05 square metres
(1356.8 square feet)
1 metre (3.27 feet)
0.84 metres (2.76 feet)
2.11 metres (6.92 feet)
1.27 metres (4.17 feet)
0.84 metres (2.76 feet)
It should be noted that the relief requested is consistent with the current development trends occurring in the immediate
area, and the proposed development standards, if approved, would be in keeping with the character of the surrounding
area. Similar relief has been requested and approved in the immediate area, including File No. A025/15, 223 Baker
Avenue, which approved increased GFA, increased maximum height and reduced north and south side yard setbacks
which would have a similar impact to that which is being proposed for the subject application. In light of the above, staff is
of the opinion that the proposal meets the general intent and purpose of the Official Plan and applicable Zoning By-law, is
minor in nature and is an appropriate and desirable development of the subject lands. Staff therefore recommends
approval of the application.
April 7, 2016
Planning & Regulatory Services - Development Engineering:
Page 44
No concern or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application.
Comments for the applicant for future applications:
Ensure plans submitted for future applications demonstrate that existing trees will be protected in accordance with Town
standards.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No comments.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
N/A
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
April 7, 2016
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
Page 45