TOWN OF WHITCHURCH-STOUFFVILLE COMMITTEE OF ADJUSTMENT MINUTES Wednesday May 1a,·2016 2:00 p.m. Council Chambers
111 Sandiford Drive, Stouffville
Chair: Wilf Morley
A meeting of the Committee of Adjustment was held on the above date and time. All
members of the Committee were present with the exception of lndika Chandrasekara. Staff
Present: Diana Chang and Rachael Cogar.
CONFIRMATION OF AGENDA
MOVED by Grant Murray
SECONDED by Thomas E. Winters
THAT the agenda be confirmed as circulated.
CARRIED
DECLARATIONS
None
DELEGATIONS/ PRESENTATIONS
None
CONSIDERATION OF ITEMS
1.
FILE NO. CA-15-46
The Owner proposes to convey the land comprising approximately 6404 square metres
(1.6 acres) with frontage of 48.9 metres (160.4 feet) on Stouffville Rd ., as identified as Part
2 on the attached sketch plan . The land to be conveyed contains an existing
industrial/commercial building.
The Owner proposes to retain the land comprising approximately 6739 square metres (1.7
acres) with frontage of 72.7 metres (238.5 feet) on Stouffville Rd ., as identified as Part 1
on the attached sketch plan.
The land to be reta ined contains an existing
industrial/commercial building.
May 18, 2016
LOCATION:
3769 Stouffville Rd., Whitchurch-Stouffville
INTENDED USE:
Industrial I Commercial
APPEARANCE IN SUPPORT:
Bruce Arrowsmith of Arrowsmith and Associates, Agent
OTHER APPEARANCES:
None
COMMUNICATIONS
RECEIVED:
Report from the Land Information Services Planner,
Town of Whitchurch-Stouffville recommending approval
of the application, subject to conditions.
The Chair read the condition recommended in the Staff Report.
Mr. Arrowsmith confirmed that he had seen the recommendation of the staff report and
had no issues with the conditions.
In response to questions Mr. Arrowsmith advised that:
- the property was developed in its current configuration in 2010 under the same
owner
- two commercial uses owned by the same party operated on the property
- when Chrysler vacated, the second space was leased to Patti Lynn, a long standing
business in Stouffville
- there was an agreement between the owner and tenant that if possible the tenant
would buy out the leased portion
- this application forwards a plan to divide the property essentially in half
part 1 contains the existing Kubota, part 2 contains Patti Lynn, Part 3 represents an
easement in favour of the local Hydro authority, Part 4 a hydro easement in favour
of Part 2, Part 5 represents joint access to Stouffville Rd. and shared access and
Part 6 a storm sewer easement
a new well is to be drilled on Part 1
- the related Zoning By-Law amendment for the property comes into fo rce on May 24,
2016
- the application represents no impact and no additional development
- the subject lands have no access to Kennedy Lane, which was formerly owned by
the applicant
- the applicant negotiated to obtain the lands for a former through way to Stouffville
Rd. in exchange for lands they provided to the Region in order for the development
of the cul de sac
In response to questions Ms. Chang advised that:
- the related Zoning By-law Amendment (ZBA) was endorsed by Council, the
timeframe extends to a week from the day of this meeting to appeal the ZBA
if no appeal is filed condition 9 will be satisfied
No one in the audience wished to speak for or against the application.
MOVED by Grant Murray SECONDED by Thomas E. Winters 2
May 18, 2016
THAT PROVISIONAL CONSENT BE GIVEN subject to fulfilment of the following
conditions:
1. Payment of an Administrative Fee in the amount of $10,926.00, by cash or
certified cheque, to the Town of Whitchurch-Stouffville;
2. Payment of a cash-in-lieu of Parkland in the amount of two percent (2%) of the
appraised value of the lot, by cash or certified cheque, to the Town of
Whitchurch-Stouffville, together with payment of any appraisal costs, plus an
administrative fee of 7.5% incurred by the Town;
3. Written confirmation from the Development Services Department, Town of
Whitchurch-Stouffville, that a municipal address has been assigned to the
lands to be conveyed and to be retained;
4. Submission of three white prints of a deposited Plan of Reference of the
subject land , which conforms substantially with the application as submitted
and includes the calculated area of each part on the Plan;
5. Submission of a fully executed Transfer/Deed of Land for the lands to be
conveyed.
6. Payment of a consent review fee to "The Regional Municipality of York" in the
amount of $790 by certified cheque, in addition to any applicable fee for each
additional lot, to the attention of the Development Review Coordinator in
accordance with By-law No. 2010-15 as amended .
7. The Owner shall provide York Region with a copy of the registered access
easement between the retained and severed properties.
8. Prior to final approval, York Region Community Planning and Development
Services shall certify that Conditions #6 and #7 have been met to its
satisfaction.
9. That Zoning By-law No. 2016-038-ZO is in full force and effect.
CARRIED
2.
FILE NO. CA-16-12
The Owner proposes to convey the land comprising approximately 423 square metres (0.1
acre) with frontage of 15.24 metres (50 feet) on Valley Rd. , identified as Lot 18 on the
attached sketch plan. The land to be conveyed is vacant.
3
May 18, 2016
The Owner proposes to retain the land comprising approximately 465 square metres (0.1
acre) with frontage of 15.24 metres (50 feet) on Windsor Dr., as identified as Lot 19 on the
attached sketch plan. The land to be retained contains an existing residential detached
dwelling.
LOCATION:
27 Windsor Dr., Musselman's Lake
INTENDED USE:
Residential
RELATED APPLICATION:
Zoning By-Law Amendment File No. ZBA 15.002
APPEARANCE IN SUPPORT:
James Spratley, Applicant
OTHER APPEARANCES:
Resident of 2 Wylie Lane
COMMUNICATIONS
RECEIVED:
Report from the Land Information Services Planner,
Town of Whitchurch-Stouffville recommend ing approval
of the application, subject to condition . Correspondence
from the Residents of 14 Valley Rd., 17 Elmvale Blvd. ,
32 Valley Rd ., 32 Windsor Dr., 150 Cedarvale Blvd. and
14554 Ninth Line in support.
The Chair read the condition recommended in the Staff Report.
Mr. Spratley confirmed that he had seen the recommendations of the staff report and had
no issue with the conditions.
In response to questions Mr. Spratley advised that:
it has been about a year to bring the proposal together to sever the lot in two
- the proposal had been supported by Council and the community with regards to the
related zoning by-law amendment application
the new zoning regulations are extremely rigorous but they have created a design
that worked within the parameters only requiring rezoning for the lot with respect to
frontage and area
he believes there are about 100 end of life septic systems at the lake and he hopes
to begin a movement of upgrading them associated with appropriate development
the retained lands will keep the existing house but the septic will be upgraded
he has initiated a program at the lake to encourage community members to upgrade
old systems
he wishes to move Musselman's Lake in the direction of self-responsibility through
septic rejuvenation
the proposal will include improvement to the lots grading and drainage
he has been in discussions with the Town regarding nitrate treatment and although
it is not necessary he is agreeable to including this level of system rather than
engage engineers to justify that it may be overkill which the expense of he would
rather see used for a more advanced system
his building program includes small modest homes in order to beautify the
community and improve the sewage treatment situation
he has approached stakeholders and the Conservation Authority (CA) regarding
4
May 18, 2016
septic programs and available funds from the CA and Region
he contributes funds from each build projects and in turn the Region and CA have
been matching or exceeding contributions
From the audience the Resident of 2 Wylie Lane wished to speak on behalf of the
application stating that the proposal is a step forward and the builder has produced six of
these affordable homes in the area over the last few years.
MOVED by Thomas E. Winters SECONDED by Lori Doner Jones THAT PROVISIONAL CONSENT BE GIVEN subject to fulfilment of the following
conditions:
1. Payment of an Administrative Fee in the amount of $10,926.00, by cash or
certified cheque, to the Town of Whitchurch-Stouffville;
2. Payment of a cash-in-lieu of Parkland in the amount of five percent (5%) of the
appraised value of the lot, by cash or certified cheque, to the Town of
Whitchurch-Stouffville, together with payment of any appraisal costs, plus an
administrative fee of 7.5% incurred by the Town;
3. Written confirmation from the Development Services Department, Town of
Whitchurch-Stouffville, that a municipal address has been assigned to the lands
to be conveyed and to be retained ;
4. Confirmation that the equivalent of one (1) residential unit of water servicing has
been allocated to the lands to be conveyed.
5. Written confirmation from the Development Services Department that the Owner
has entered into a Development Agreement with the Town of Whitchurch­
Stouffville concerning the proposed lot which would include all related matters
such as site engineering, lot grading and drainage, stormwater management and
servicing. The Development Agreement must be registered on title in order to
fulfill this Condition. The said Agreement shall include the following provision:
a. That the Owner pay the Town's costs incurred in connection with the
preparation and registration of the Agreement referred to in this
Condition.
6 . Submission of a fully executed Transfer/Deed of Land for the lands to be
conveyed .
7. Submission of three white prints of a deposited Plan of Reference of the subject
land, which conforms substantially with the application as submitted and
includes the calculated area of each part on the Plan;
5
May 18, 2016
CARRIED
3.
FILE NO. CA-16-13
Minor variances from the provisions of Zoning By-Law No. 2010-001-ZO to permit a
maximum building length of 25.8 metres (84.6 feet) for the proposed dwellings on lots 3, 5,
6, 7, 8, 9 & 13 within Draft Plan of Subdivision 19T(W)-14.001
LOCATION:
13876 Ninth Line, Whitchurch-Stouffville
INTENDED USE:
Residential
RELATED APPLICATION:
Plan of Subdivision File No. 19T(W)-14.001
APPEARANCE IN SUPPORT:
Cheryl Shindruk of Geranium Corporation, Applicant
OTHER APPEARANCES:
None
COMMUNICATIONS
RECEIVED:
Report from the Land Information Services Planner,
Town of Whitchurch-Stouffville recommending approval
of the application, subject to condition.
The Chair read the condition recommended in the Staff Report.
Ms. Shindruk confirmed that she had seen the recommendations of the staff report and
had no issue with the condition.
In response to questions Ms. Shindruk advised that:
- the application requests relief from building length
there are seven lots in the subdivision subject to the request
the extent of relief for each lot was outlined in the staff report
the length regulation is somewhat footnoted in the zoning by-law
the length regulation is a requirement intended to apply to an urban lot fabric, where
these are estate lots
all other requirements of the by-law are being met
an updated Zoning By-Law has been presented and if approved it will remove this
provision
- they do not anticipate requiring any other lots be back before the committee
No one in the audience wished to speak fo r or against the application.
MOVED by Grant Murray SECONDED by Lori Doner Jones THAT minor variance from the provisions of By-law No. 2010-001-ZO BE AND IS
HEREBY GRANTED to the above-noted property, said variance to permit a maximum
building length of 25.8 metres (84.6 feet) for the proposed dwellings on lots 3, 5, 6, 7, 8, 9
6
May 18, 2016
& 13 within Draft Plan of Subdivision 19T(W)-14.001, subject to the following condition:
1. THAT a Screening Letter review fee of $100 be paid to the TRCA.
CARRIED
4.
FILE NO. CA-16-14
Minor variances from the provisions of Zoning By-Law No. 2010-001-ZO to permit: i) a
minimum easterly side yard setback of 2 metres (6.6 ft.) for a proposed garage addition; ii)
a driveway within a minimum permitted yard; iii) a maximum lot coverage of 17%; iv) a
minimum westerly side yard setback of 0.4S m for existing accessory clad shed (E1 ); v) a
minimum easterly side yard setback of 0.96 m for existing accessory shed (E3); vi) a
minimum westerly side yard setback of 0.39 m for existing shed (ES); and vii) accessory
building (ES) to be located closer to the rear lot line than SO% of the distance of the main
building to the rear lot line
LOCATION:
1S Tamarac Dr., Ballantrae
INTENDED USE:
Residential
APPEARANCE IN SUPPORT:
Mark Smith, Agent
OTHER APPEARANCES:
None
COMMUNICATIONS
RECEIVED:
Report from the Land Information Services Planner,
Town of Whitchurch-Stouffville recommending approval
of the application, subject to condition
The Chair read the condition recommended in the Staff Report.
Mr. Smith confirmed that he had seen the recommendations of the staff report and had no
issue with the condition.
In response to questions Mr. Smith advised that:
- the application proposed a small addition
the proposed addition included a third bay in the garage
one of the sheds on the property was being removed
the construction contemplated an updated fa9ade
the addition accommodated the owners growing family
the additional bay would satisfy the requirements to park their truck
in order to meet coverage they would also be willing to remove shed E2
at minimum they required coverage for the proposal in the amount of 17%
the variances tor the sheds were all for existing structures, they were covered by
fencing on the property and so far there had been no complaints they only intended
to legitimize these structures as part of the application
7
May 18, 2016
No one in the audience wished to speak for or against the application.
MOVED by Thomas E. Winters
SECONDED by Lori Doner Jones
THAT minor variances from the provisions of By-law No. 2010-001-ZO BE AND ARE
HEREBY GRANTED to the above-noted property, said variances to permit: i) a minimum
easterly side yard setback of 2 metres (6.6 ft.) for a proposed garage addition; ii) a
driveway within a minimum permitted yard; iii) a maximum lot coverage of 17%; iv) a
minimum westerly side yard setback of 0.45 m for existing accessory clad shed (E1 ); v) a
minimum easterly side yard setback of 0.96 m for existing accessory shed (E3); vi) a
minimum westerly side yard setback of 0.39 m for existing shed (E5); and vii) accessory
building (E5) to be located closer to the rear lot line than 50% of the distance of the main
building to the rear lot line, subject to the following condition:
1. THAT the Owner apply for a building permit to legalize the existing 11 .1 square
metre (120 square foot) accessory building E1
CARRIED
5.
FILE NO. CA-16-15
Minor variances from the provisions of Zoning By-Law No. 2010-001-ZO to permit a
reduced minimum distance separation of 228 metres (748 feet) from an existing livestock
facility for a proposed new residential dwelling
LOCATION: 16321 Warden Ave. , Whitchurch-Stouffville
INTENDED USE: Residential
APPEARANCE IN SUPPORT:
Luna Dong, of LHW Engineering
OTHER APPEARANCES:
None
COMMUNICATIONS
RECEIVED:
Report from the Land Information Services Planner,
Town of Whitchurch-Stouffville recommending approval
of the application, subject to condition.
The Chair read the condition recommended in the Staff Report.
8
May 18, 2016
Ms. Dong confirmed that she had seen the recommendations of the staff report and had no
issue with the condition.
In response to questions Ms. Dong advised that:
the application seeks rel ief from the minimum distance separation (MOS)
requirement
that the application is minor in nature
- that the potential for odour from neighbouring livestock facilities is noted
the provision ensures new developments be separated from livestock uses
the replacement dwelling would require relief from the minimum distance for
development anywhere on this lot, even for the same floor area and location
In response to questions Ms. Chang advised that:
- the mixed livestock use currently meets the required MDS
if either property were to develop further this process would be looked at again
through the course of that application
the home is serviced by private well and septic
the building department was circulated and they did not identify any concerns
the farm data sheet is based on existing livestock capacity and the maximum
occupancy of livestock is considered based on the potential capacity of the building,
not the present number of livestock, for example if there are 2 chickens in a building
built for 50 chickens the calculation is based on the housing capacity of 50.
No one in the audience wished to speak for or against the application.
MOVED by Thomas E. Winters SECONDED by Grant Murray THAT minor variance from the prov1s1ons of By-law No. 2010-001-ZO BE AND IS
HEREBY GRANTED to the above-noted property, said variances to permit a reduced
minimum distance separation of 228 metres (748 feet) from an existing livestock facility for
a proposed new residential dwelling, subject to the following condition:
1. THAT the Owner has entered into a Development Agreement with the Town of
Whitchurch-Stouffville to acknowledge that the livestock operation located on the
abutting property to the north may result in odor impacts. This Development
Agreement must be registered on title in order to fulfill this Condition. The said
Agreement shall include the following provision:
a. That the Owner pay the Town's costs incurred in connection with the preparation
and registration of the Agreement referred to in this Condition.
CARRIED
9
May 18, 2016
MOTION TO ADJOURN
MOVED by Grant Murray
SECONDED by Lori Doner Jones
THAT there being no further business the Committee of Adjustment Hearing be
adjourned at 2:38 p.m .
CARRIED
DATED at the Town of Whitchurch-Stouffville this
v
l_ri-'-
day of
j
L-t "-l--
.>-2-~
Secretary-Treasurer
10 , 2016.