Committee of Adjustment
Agenda
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 905-7712443 or email [email protected]. Staff reports are
subject to change.
Date: November 3, 2016
Time: 7:00 p.m.
Location: 225 East Beaver Creek Road, 1st Floor (Council Chambers)
Call to Order
Disclosure of Pecuniary Interest
Requests for Adjournment /Withdrawals from November 3, 2016 Agenda
New Applications:
Item A: Consent Application B036/16 (156 Garden Avenue)
To sever a parcel of land for residential purposes, approximately 11.18 metres (36.67
feet) by irregular, approximately 498.00 square metres (5,360.43 square feet) and retain
a parcel of land approximately 11.08 metres (36.35 feet) by irregular, approximately
498.74 square metres (5,368.39 square feet). The severed parcel will have frontage
onto Winchester Lane and the retained parcel will have frontage onto Garden Avenue.
Item B: Minor Variance Application A092/16 (156 Garden Avenue)
To provide relief from the provisions of By-law 2523, as amended, to permit reduced
minimum lot area from 696.77 square metres (7,500.00 square feet) to 498.00 square
metres (5,360.42 square feet) and reduced minimum lot frontage from 18.29 metres
(60.00 feet) to 11.18 metres (36.70 feet) on the severed land to facilitate Consent
Application B036/16. Relief is also being requested to permit a reduced minimum
interior side yard setback (west) from 1.52 metres (5.00 feet) to 1.20 metres (3.94 feet)
and increased maximum lot coverage from 30.00% to 35.00% to accommodate the
construction of a proposed single family dwelling on the severed land.
Page 1
Item C: Minor Variance Application A093/16 (156 Garden Avenue)
To provide relief from the provisions of By-law 2523, as amended, to permit reduced
minimum lot area from 696.77 square metres ( 7,500.00 square feet) to 498.00 square
metres (5,360.42 square feet) and reduced minimum lot frontage from 18.29 metres
(60.00 feet) to 11.08 metres (36.35 feet) on the retained land to facilitate Consent
Application B036/16. Relief is also being requested to permit reduced minimum interior
side yard setbacks (east and west) from 1.52 metres (5.00 feet) to 1.20 metres (3.94
feet) and increased maximum lot coverage from 30.00% to 35.00% to accommodate the
construction of a proposed single family dwelling on the retained land.
**Item A, B & C will be dealt with concurrently
Item D: Minor Variance Application A073/16 (439 Bent Crescent)
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
minimum interior side yard setback (east) from 1.83 metres (6.00 feet) to 1.22 metres
(4.00 feet), a reduced minimum interior side yard setback (west) from 1.83 metres (6.00
feet) to 1.50 metres (4.92 feet) and increased maximum lot coverage from 30.00% to
37.20% to accommodate the construction of a proposed single family dwelling.
Item E: Minor Variance Application A083/16 (70 Bond Crescent)
To provide relief from the provisions of By-law 1275, as amended, to permit a reduced
minimum front yard setback from 9.14 metres (30.00 feet) to 7.19 metres (23.58 feet), a
reduced minimum exterior side yard (flankage) setback from 4.57 metres (15.00 feet) to
2.23 feet (7.31 feet) and a reduced minimum interior side yard setback (west) from 1.52
metres (5.00 feet) to 1.25 metres (4.10 feet) to accommodate the construction of a
proposed single family dwelling.
Item F: Minor Variance Application A087/16 (31 Bloomgate Crescent)
To provide relief from the provisions of By-law 313-96, as amended, to permit a reduced
exterior side yard (flankage) setback from 6.20 metres (20.34 feet) to 1.60 metres (5.25
feet) to accommodate the installation of a proposed semi in-ground swimming pool.
Item G: Minor Variance Application A089/16 (74 Bedford Park Avenue)
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
minimum interior side yard setback (east) from 1.83 metres (6.00 feet) to 1.50 metres
(4.92 feet) and a reduced minimum interior side yard setback (west) from 1.83 metres
(6.00 feet) to 1.35 metres (4.43 feet) to accommodate the construction of a proposed
single family dwelling.
Page 2
Item H: Minor Variance Application A091/16 (41 Roosevelt Drive)
To provide relief from the provisions of By-law 2523, as amended, to permit an
increased maximum encroachment into the front yard (front porch and stairs) from 0.91
metres (3.00 feet) to 1.99 metres (6.53 feet) and increased maximum lot coverage from
30.00% to 33.04% to accommodate the construction of a proposed single family
dwelling.
Other Business:
File Closure: A118/14 (10155-10159 Yonge Street and 26 Church Street South)
Approval of Minutes: October 13, 2016 Meeting
Motion to Adjourn
Page 3
Committee of Adjustment
Staff Report
Agenda Item: A
APPLICATION INFORMATION:
Consent Application: B036/16
Related Applications: A092/16 & A093/16
Subject Land: 156 Garden Avenue
Name of Owner: Mehdi Rezaei Boroun & Parvin Izadyar & Ali Reza Mahmoudzadeh &
Niki Rezaei Bouron (Beneficial Owners)
Name of Agent: Raymond Floyd
Committee of Adjustment Hearing Date: November 3, 2016
The Request:
To sever a parcel of land for residential purposes, approximately 11.18 metres (36.67
feet) by irregular, approximately 498.00 square metres (5,360.43 square feet) and retain
a parcel of land approximately 11.08 metres (36.35 feet) by irregular, approximately
498.74 square metres (5,368.39 square feet). The severed parcel will have frontage
onto Winchester Lane and the retained parcel will have frontage onto Garden Avenue.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Second Density Residential (R2) Zone
Zoning By-law: 2523, as amended
Zoning Provisions:
Minimum Lot Frontage: 18.29 metres (60 feet)
Minimum Lot Area: 696.77 square metres (7500 square feet)
Minimum Front Yard Setback: 9.144 metres (30 feet)
Minimum Interior Side Yard Setback: 1.52 metres (5 feet)
Minimum Rear Yard Setback: 7.62 metres (25 feet)
Maximum Lot Coverage: 30%
Maximum Height: 10.67 metres (35 feet)
Page 4
Please 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 lands currently support a single detached dwelling which is to be demolished.
The subject lands abut Winchester Lane to the north, Garden Avenue to the south
and residential uses to the east and west.
COMMENTS RECEIVED FROM MUNICIPAL DEPARTMENTS &
OUTSIDE AGENCIES:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
October 7, 2016.
Public notice was mailed on October 20, 2016.
The applicant confirmed posting of public notice sign on October 18, 2016
Previous and/or Concurrent applications on the subject lands:
B047/14 – New Lot; Approved (Lapsed)
A0111/14 – Lot Area and Lot Frontage; Approved (Lapsed)
A0112/14 – Lot Area, Lot Frontage, Side yard setback (east) and Rear yard setback
(Lapsed)
Planning & Regulatory Services Department:
Building / Zoning:
The proposed consent application will not create areas of noncompliance with respect
to the Zoning By-law, provided that Minor Variance applications A092/16 & A093/16 are
approved.
The following clause be added as a condition of consent:
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
Page 5
satisfactory to the Chief Building Official to demolish all buildings and/or structures
and remove all debris to his satisfaction.
Planning:
The subject lands are a through lot with frontage on Winchester Lane to the north
and Garden Avenue to the south. The applicant is proposing to sever the lands to
create one additional lot. The applicant is also proposing to construct one new
dwelling on each of the two resulting lots.
It should be noted that the existing lot has a frontage of 11.08 metres (36.35 feet)
instead of the minimum required 18.29 metres (60 feet). As a result of the existing
deficient lot frontage, the applicant is seeking relief in this regard. The applicant is
also requesting a reduced lot area for both lots of 498 square metres (5360.42
square feet) instead of the minimum required 696.77 square metres (7500 square
feet).
The maximum lot frontage requirement for both dwellings is 30%, however the
applicant is proposing a maximum of 35% for both lots. Additionally, the applicant is
seeking a minimum side yard setback of 1.2 metres (3.94 feet) instead of the
minimum required 1.52 metres (5 feet) in accordance with the Zoning By-law for the
east side yard of the severed lands and the east and west side yards of the retained
lands.
As previously mentioned, the existing lot has a narrow frontage which creates a
hardship in developing the lands. It is the opinion of staff that the proposed
severance is in keeping with the current lotting pattern which has been developing
and continues to develop in the area. It should also be noted that an identical
severance was approved in 2015 (B047/14). In light of the preceding, staff is
supportive of the applicant’s request for severance.
The proposed variances are a result of the smaller lot sizes. Staff is of the opinion
that the proposals still meet the general intent and purpose of the Official Plan and
Zoning By-law, are minor in nature and are an appropriate development of the land.
Staff therefore recommends approval of B036/16, A092/16 and A093/16.
Development Engineering:
The Development Engineering Division has reviewed the above noted application and
recommend the inclusion of provisional conditions of consent as indicated herein:
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;
Page 6
(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 Mike Ayers, Development Engineering
Technologist, Development Engineering Division, 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of
Fees By-law 76-14.
Fee Description:
Plan Review
Agreement Preparation
Registration/Admin
Install Catchbasin
Survey Layout
C.C.T.V. Scan
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
Service Connection Condition
Fee Description:
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
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a
combined trench
C.C.T.V Scan
Fee:
$404.00 + HST
$485.00 + HST
$114.00
$2,646.00 + HST
$640.00 + HST
$648.00 + HST or 1,296.00 + HST (x2)
$397.20 per metre + HST
$130.00 + HST
$132.00 + HST
Fee:
$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
Page 7
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.
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.
Reserve Block – Reference Plan Condition
That the applicant prepare and deposit a reference plan detailing the portion of the
existing reserve block bounding the subject lands and the existing municipal right of
way, as a separate part.
For the applicant’s information, and to allow adequate processing time, this reference
plan must be submitted six weeks prior to the applicants anticipated completion of the
severance. This is due to the need for an authorizing By-law to be enacted prior to the
lifting of the subject portion of the reserve block, providing access for the severed or
retained lands of municipal services and the right of way.
The existing reserve adjacent to the road allowance is to be:
Dedicated as a public highway. The necessary By-law must be enacted prior to
satisfaction of the condition.
Transferred to the abutting property owner. This transfer shall be completed prior to
satisfaction of the condition.
Development Agreement Condition
That the applicant enters into an Agreement with the municipality, to further developed
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.
Servicing Agreement Condition
That the applicant enters 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
Page 8
subsequent registration of this Agreement on title for the subject lands, prior to the
satisfaction of this condition.
Parks & Natural Heritage:
Parks has no comments on the application.
The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring
trees (including neighbouring and Town owned trees) greater than 20 centimetres
diameter breast height requires permission (i.e. a permit) from Town staff prior to the
undertaking.
By-law Enforcement:
No response.
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 of 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
foregoing, 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 $114.00
to reimburse the Town for the cost of registration of the agreement, he or she may
voluntarily pay an 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.
Powerstream:
No objections (comments attached).
Enbridge:
No objections.
Bell Canada:
No response.
York Region – Transportation * Community Planning Department:
No objection.
Page 9
Toronto & Region Conservation Authority:
No concerns or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
Reference #
Department / Agency
Contact:
1. Building/ Zoning:
Cynthia Mackenzie
905-771-2436
Condition:
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.
Page 10
2. Development
Engineering:
Michael Ayers
905-717-6426
3. Development
Engineering:
Michael Ayers
905-717-6426
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.
RESERVE BLOCK – REFERENCE PLAN CONDITION
That the applicant prepare and deposit a reference plan
detailing the portion of the existing reserve block bounding the
subject lands and the existing municipal right of way, as a
separate part.
For the applicant’s information, and to allow adequate
processing time, this reference plan must be submitted six
weeks prior to the applicants anticipated completion of the
severance. This is due to the need for an authorizing By-law
to be enacted prior to the lifting of the subject portion of the
reserve block, providing access for the severed or retained
lands of municipal services and the right of way.
The existing reserve adjacent to the road allowance is to be:
Dedicated as a public highway. The necessary By-law must
be enacted prior to satisfaction of the condition.
Transferred to the abutting property owner. This transfer shall
be completed prior to satisfaction of the condition.
4. Development
Engineering:
Michael Ayers
905-717-6426
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.
Page 11
5. Development
Engineering:
Michael Ayers
905-717-6426
6. Development
Engineering:
Michael Ayers
905-717-6426
7. Development
Engineering:
Mario Di Salvo
905-780-2949
8. Finance:
Anna Romano
905-771-6313
9. Finance:
Anna Romano
905-771-6313
10. Committee of
Adjustment:
SERVICING AGREEMENT CONDITION
That the applicant enters 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 satisfaction of this condition.
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.
SERVICE CONNECTION CONDITION
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.
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 $114.00 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).
Payment of all current and outstanding taxes to date of
consent.
That Minor Variance applications A092/16 & A093/16 are
approved at the same time as Consent Application B036/16
and become final and binding.
Christine Vigneault
905-771-2443
Page 12
11. Committee of
Adjustment:
Christine Vigneault
905-771-2443
12. Committee of
Adjustment:
That the applicant provides the secretary-treasurer with the
legal description of the severed land in the form of a letter or
draft transfer prepared by the applicant’s solicitor.
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.
Christine Vigneault
905-771-2443
Reasons for Approval:
1. The proposal conforms to Section 51(24) as required of the Planning Act.
2. The proposal conforms to the Town of Richmond Hill Official Plan.
3. The proposal conforms to the Provincial Policy Statements as required by Section
3(1) of the Planning Act.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 13
Committee of Adjustment
Staff Report
Agenda Item: B
APPLICATION INFORMATION:
Minor Variance Application A092/16
Related Applications: B036/16 & A093/16
Subject Land: 156 Garden Avenue
Name of Owner: Mehdi Rezaei Boroun & Parvin Izadyar & Ali Reza Mahmoudzadeh &
Niki Rezaei Bouron (Beneficial Owner)
Name of Agent: Raymond Floyd
Committee of Adjustment Meeting Date: November 3, 2016
The Request:
To provide relief from the provisions of By-law 2523, as amended, to permit reduced
minimum lot area from 696.77 square metres (7,500.00 square feet) to 498.00 square
metres (5,360.42 square feet) and reduced minimum lot frontage from 18.29 metres
(60.00 feet) to 11.18 metres (36.70 feet) on the severed land to facilitate Consent
Application B036/16. Relief is also being requested to permit a reduced minimum
interior side yard setback (west) from 1.52 metres (5.00 feet) to 1.20 metres (3.94 feet)
and increased maximum lot coverage from 30.00% to 35.00% to accommodate the
construction of a proposed single family dwelling on the severed land.
Summary of Requested Variances:
Minimum Lot Area
Maximum Lot Coverage
Minimum Lot Frontage
Minimum Side Yard Setback - West
By-Law
Requirement
696.77 m2( 7,500.00 ft2)
30.00%
18.29 m (60.00 ft)
1.52 m (5.00 ft)
Proposed
498.00 m2( 5,360.42 ft2)
35.00%
11.18 m ( 36.70 ft)
1.20 m ( 3.94 ft)
Difference
198.77 m2( 2,139.58 ft2)
5.00%
7.11 m ( 23.30 ft)
0.32 m ( 1.06 ft)
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Second Density Residential (R2) Zone
Zoning By-law: 2523, as amended
Page 14
Zoning Provisions:
Minimum Lot Frontage: 18.29 metres (60 feet)
Minimum Lot Area: 696.77 square metres (7500 square feet)
Minimum Front Yard Setback: 9.144 metres (30 feet)
Minimum Interior Side Yard Setback: 1.52 metres (5 feet)
Minimum Rear Yard Setback: 7.62 metres (25 feet)
Maximum Lot Coverage: 30%
Maximum Height: 10.67 metres (35 feet)
Please 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 lands currently support a single detached dwelling which is to be demolished.
The subject lands abut Winchester Lane to the north, Garden Avenue to the south
and residential uses to the east and west.
COMMENTS RECEIVED FROM MUNICIPAL DEPARTMENTS &
OUTSIDE AGENCIES:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
October 7, 2016.
Public notice was mailed on October 20, 2016.
The applicant confirmed posting of public notice sign on October 18, 2016
Previous and/or Concurrent applications on the subject lands:
B047/14 – New Lot; Approved (Lapsed)
A0111/14 – Lot Area and Lot Frontage; Approved (Lapsed)
A0112/14 – Lot Area, Lot Frontage, Side yard setback (east) and Rear yard setback
(Lapsed)
Page 15
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department:
Building / Zoning:
The requested variance is correct.
Planning:
The subject lands are a through lot with frontage on Winchester Lane to the north
and Garden Avenue to the south. The applicant is proposing to sever the lands to
create one additional lot. The applicant is also proposing to construct one new
dwelling on each of the two resulting lots.
It should be noted that the existing lot has a frontage of 11.08 metres (36.35 feet)
instead of the minimum required 18.29 metres (60 feet). As a result of the existing
deficient lot frontage, the applicant is seeking relief in this regard. The applicant is
also requesting a reduced lot area for both lots of 498 square metres (5360.42
square feet) instead of the minimum required 696.77 square metres (7500 square
feet).
The maximum lot frontage requirement for both dwellings is 30%, however the
applicant is proposing a maximum of 35% for both lots. Additionally, the applicant is
seeking a minimum side yard setback of 1.2 metres (3.94 feet) instead of the
minimum required 1.52 metres (5 feet) in accordance with the Zoning By-law for the
east side yard of the severed lands and the east and west side yards of the retained
lands.
As previously mentioned, the existing lot has a narrow frontage which creates a
hardship in developing the lands. It is the opinion of staff that the proposed
severance is in keeping with the current lotting pattern which has been developing
and continues to develop in the area. It should also be noted that an identical
severance was approved in 2015 (B047/14). In light of the preceding, staff is
supportive of the applicant’s request for severance.
The proposed variances are a result of the smaller lot sizes. Staff is of the opinion
that the proposals still meet the general intent and purpose of the Official Plan and
Zoning By-law, are minor in nature and are an appropriate development of the land.
Staff therefore recommends approval of B036/16, A092/16 and A093/16.
Page 16
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff does not have any comments on the application.
The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring
trees (including neighbouring and Town owned trees) greater than 20 centimetres
diameter breast height requires permission (i.e. a permit) from Town staff prior to the
undertaking. Direct grading, site alteration and construction outside of the tree
protection zones of retained trees on the subject and neighbouring properties.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No response.
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation * Community Planning Department:
No response.
Toronto & Region Conservation Authority:
No comments, concerns or objections.
CN Rail:
Not circulated.
Page 17
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That Consent Application B036/16 receives final certification of the SecretaryTreasurer and be registered on title.
2. That the variances pertain only to the request as submitted with the application.
3. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Reasons for approval:
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.
Page 18
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 19
Committee of Adjustment
Staff Report
Agenda Item: C
APPLICATION INFORMATION:
Minor Variance Application A093/16
Related Applications: B036/16 & A092/16
Subject Land: 156 Garden Avenue
Name of Owner: Mehdi Rezaei Boroun & Parvin Izadyar & Ali Reza Mahmoudzadeh &
Niki Rezaei Bouron (Beneficial Owner)
Name of Agent: Raymond Floyd
Committee of Adjustment Meeting Date: November 3, 2016
The Request:
To provide relief from the provisions of By-law 2523, as amended, to permit reduced
minimum lot area from 696.77 square metres ( 7,500.00 square feet) to 498.00 square
metres (5,360.42 square feet) and reduced minimum lot frontage from 18.29 metres
(60.00 feet) to 11.08 metres (36.35 feet) on the retained land to facilitate Consent
Application B036/16. Relief is also being requested to permit reduced minimum interior
side yard setbacks (east) from 1.52 metres (5.00 feet) to 1.20 metres (3.94 feet) and
increased maximum lot coverage from 30.00% to 35.00% to accommodate the
construction of a proposed single family dwelling on the retained land.
Summary of Requested Variances:
Minimum Lot Area
Maximum Lot Coverage
Minimum Lot Frontage
Minimum Side Yard
Setback – East & West
By-Law
Requirement
696.77 m2( 7,500.00 ft2)
30.00%
18.29 m ( 60.00 ft)
Proposed
498.00 m2( 5,360.42 ft2)
35.00%
11.08 m ( 36.35 ft)
Difference
198.77 m2( 2,139.58 ft2)
5.00%
7.21 m ( 23.65 ft)
1.52 m ( 5.00 ft)
1.20 m ( 3.94 ft)
0.32 m ( 1.06 ft)
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Second Density Residential (R2) Zone
Zoning By-law: 2523, as amended
Page 20
Zoning Provisions:
Minimum Lot Frontage: 18.29 metres (60 feet)
Minimum Lot Area: 696.77 square metres (7500 square feet)
Minimum Front Yard Setback: 9.144 metres (30 feet)
Minimum Interior Side Yard Setback: 1.52 metres (5 feet)
Minimum Rear Yard Setback: 7.62 metres (25 feet)
Maximum Lot Coverage: 30%
Maximum Height: 10.67 metres (35 feet)
Please 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 lands currently support a single detached dwelling which is to be demolished.
The subject lands abut Winchester Lane to the north, Garden Avenue to the south
and residential uses to the east and west.
COMMENTS RECEIVED FROM MUNICIPAL DEPARTMENTS &
OUTSIDE AGENCIES:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
October 7, 2016.
Public notice was mailed on October 20, 2016.
The applicant confirmed posting of public notice sign on October 18, 2016
Previous and/or Concurrent applications on the subject lands:
B047/14 – New Lot; Approved (Lapsed)
A0111/14 – Lot Area and Lot Frontage; Approved (Lapsed)
A0112/14 – Lot Area, Lot Frontage, Side yard setback (east) and Rear yard setback
(Lapsed)
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Page 21
Planning & Regulatory Services Department:
Building / Zoning:
The requested variance is correct.
Planning:
The subject lands are a through lot with frontage on Winchester Lane to the north
and Garden Avenue to the south. The applicant is proposing to sever the lands to
create one additional lot. The applicant is also proposing to construct one new
dwelling on each of the two resulting lots.
It should be noted that the existing lot has a frontage of 11.08 metres (36.35 feet)
instead of the minimum required 18.29 metres (60 feet). As a result of the existing
deficient lot frontage, the applicant is seeking relief in this regard. The applicant is
also requesting a reduced lot area for both lots of 498 square metres (5360.42
square feet) instead of the minimum required 696.77 square metres (7500 square
feet).
The maximum lot frontage requirement for both dwellings is 30%, however the
applicant is proposing a maximum of 35% for both lots. Additionally, the applicant is
seeking a minimum side yard setback of 1.2 metres (3.94 feet) instead of the
minimum required 1.52 metres (5 feet) in accordance with the Zoning By-law for the
east side yard of the severed lands and the east and west side yards of the retained
lands.
As previously mentioned, the existing lot has a narrow frontage which creates a
hardship in developing the lands. It is the opinion of staff that the proposed
severance is in keeping with the current lotting pattern which has been developing
and continues to develop in the area. It should also be noted that an identical
severance was approved in 2015 (B047/14). In light of the preceding, staff is
supportive of the applicant’s request for severance.
The proposed variances are a result of the smaller lot sizes. Staff is of the opinion
that the proposals still meet the general intent and purpose of the Official Plan and
Zoning By-law, are minor in nature and are an appropriate development of the land.
Staff therefore recommends approval of B036/16, A092/16 and A093/16.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff does not have any comments on the application.
Page 22
The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring
trees (including neighbouring and Town owned trees) greater than 20 centimetres
diameter breast height requires permission (i.e. a permit) from Town staff prior to the
undertaking. Great care should be given to direct grading and construction outside of
the tree protection zone of trees to be retained, including neighbouring trees #15, 16
and 17.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No response.
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation * Community Planning Department:
No response.
Toronto & Region Conservation Authority:
No comments, concerns or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Page 23
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That Consent Application B036/16 receives final certification of the SecretaryTreasurer and be registered on title.
2. That the variances pertain only to the request as submitted with the application.
3. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Reasons for approval:
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.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 24
Committee of Adjustment
Staff Report
Agenda Item: D
APPLICATION INFORMATION:
Minor Variance Application A073/16
Related Applications: None
Subject Land: 438 Bent Crescent
Name of Owner: Chun Xiao Wei
Name of Agent: Daniel Wong
Committee of Adjustment Meeting Date: November 3, 2016
The Request:
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
minimum interior side yard setback (east) from 1.83 metres (6.00 feet) to 1.22 metres
(4.00 feet), a reduced minimum interior side yard setback (west) from 1.83 metres (6.00
feet) to 1.50 metres (4.92 feet) and increased maximum lot coverage from 30.00% to
37.20% to accommodate the construction of a proposed single family dwelling.
Summary of Requested Variances:
Minimum Side Yard Setback
West
Minimum Side Yard Setback
East
Maximum Lot Coverage
By-Law
Requirement
Proposed
Difference
1.83 m (6.00 ft)
1.50 m (4.92 ft)
0.33 m ( 1.08 ft)
1.83 m (6.00 ft)
1.22 m (4.00 ft)
0.61 m ( 2.00 ft)
30.00%
37.20%
7.20%
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Residential Second Density (R2) Zone
Zoning By-law: By-law No. 66-71, as amended
Zoning Provisions:
Minimum Lot Frontage: 15.24 metres (50 feet)
Minimum Lot Area: 464.52 square metres (5,000 square feet)
Minimum Front Yard Setback: 7.70 metres (25.26 feet)
Minimum Side Yard Setback: 1.83 metres (6 feet)
Minimum Rear Yard Setback: 7.62 metres (25 feet)
Page 25
Zoning Provisions:
Maximum Building Height: 10.67 metres (35 feet)
Maximum Lot Coverage: 30%
Please 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 Bent Crescent, north of Major
Mackenzie Drive East, and west of Bayview Avenue. The lands currently support an
existing one-storey single detached dwelling that is proposed to be demolished in
order to construct a new two-storey single detached dwelling. The lands are situated
within an established residential neighbourhood comprised of a mix of one-storey
and two-storey single detached dwellings. The lands abut Bent Crescent to the
north, and residential uses to the south, east, and west.
COMMENTS RECEIVED FROM MUNICIPAL DEPARTMENTS &
OUTSIDE AGENCIES:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
October 7, 2016.
Public notice was mailed on October 21, 2016.
The applicant confirmed posting of public notice sign on October 20, 2016
Previous and/or Concurrent applications on the subject lands: None
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department:
Building / Zoning:
The requested variance is correct.
Page 26
Planning:
The applicant is requesting relief from By-law 66-71, as amended, to permit
increased maximum lot coverage and reduced side yard setbacks in order to
accommodate the construction of a proposed two-storey single detached dwelling. In
support of this request, the following variances are proposed:
1. Increased maximum lot coverage from 30.00%, as required, to 37.20%, as
proposed;
2. Reduced side yard setback (west) from 1.83 metres (6.00 feet) as required,
to 1.50 metres (4.92 feet) as proposed; and,
3. Reduced side yard setback (east) from 1.83 metres (6.00 feet) as required,
to 1.22 metres (4.00 feet) as required.
Planning staff have reviewed the application and conclude that the requested
variances are considered appropriate within the context of the existing
neighbourhood. It should be noted that the proposed front and rear yard setbacks,
as well as building height and lot frontage conform to the requirements of the
applicable by-law therefore reducing potential negative impacts of increased lot
coverage and reduced side yard setbacks on the character and lot pattern of the
surrounding neighbourhood. The proposed lot coverage and side yard setbacks are
considered to be appropriate within the context of the neighbourhood and are
consistent with standards previously approved by the Committee (i.e. File No.
A088/15, 434 Bent Crescent, A007/15, 400 Bent Crescent, and A027/15, 396 Bent
Crescent).
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 A073/16 be approved.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff has no comments on the application.
By-law Enforcement:
No response.
Page 27
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No response.
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No concerns.
Toronto & Region Conservation Authority:
No concerns or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Page 28
Staff & Agency Recommendation(s):
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 submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Reasons for approval:
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.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 29
Committee of Adjustment
Staff Report
Agenda Item: E
APPLICATION INFORMATION:
Minor Variance Application A083/16
Related Applications: None
Subject Land: 70 Bond Crescent
Name of Owner: Garden Homes (Bond) Inc.
Name of Agent: N/A
Committee of Adjustment Meeting Date: November 3, 2016
The Request:
To provide relief from the provisions of By-law 1275, as amended, to permit a reduced
minimum front yard setback from 9.14 metres (30.00 feet) to 7.19 metres (23.58 feet), a
reduced minimum exterior side yard (flankage) setback from 4.57 metres (15.00 feet) to
2.23 feet (7.31 feet) and a reduced minimum interior side yard setback (west) from 1.52
metres (5.00 feet) to 1.25 metres (4.10 feet) to accommodate the construction of a
proposed single family dwelling.
Summary of Requested Variances:
By-Law
Requirement
Proposed
Difference
Minimum Flankage Setback
4.57 m (15.00 ft)
2.23 m (7.31ft)
2.34 m (7.69 ft)
Minimum Front Yard Setback
Minimum Side Yard Setback
West
9.14 m (30.00 ft)
7.19 m (23.58 ft)
1.95 m (6.42 ft)
1.52 m (5.00 ft)
1.25 m (4.10 ft)
0.27 m (0.90 ft)
Present Designation:
Official Plan: Neighbourhood/ Priority Infill
Zoning Classification: Residential Urban (RU) Zone
Zoning By-law: By-law No.1275, as amended
Zoning Provisions:
Minimum Lot Frontage: 22.86 metres (75 feet)
Minimum Lot Area: 929.03 square metres (10,000 square feet)
Minimum Front Yard Setback: 9.14 metres (30 feet)
Minimum Side Yard Setback: 1.52 metres (5 feet)
Page 30
Zoning Provisions:
Minimum Rear Yard Setback: 9.14 metres (30 feet)
Maximum Building Height: 10.67 metres (35 feet)
Please 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 north side of Bond Crescent and south of King
Road. The property is directly west of an approved Plan of Subdivision (Town File
No. 12001), which will facilitate the creation of a new street, Glenn Street, directly
adjacent to the east lot line of the subject lands. The lands currently support a single
detached dwelling which is proposed to be demolished in order to construct a new
two-storey single detached dwelling on the property. The lands abut residential uses
to the north and west, Bond Crescent to the south, and the proposed Glenn Street
and residential uses to the east.
COMMENTS RECEIVED FROM MUNICIPAL DEPARTMENTS &
OUTSIDE AGENCIES:
Committee of Adjustment:
The application was circulated to the commenting departments and agencies on
October 7, 2016.
Public notice was mailed on October 24, 2016.
The applicant confirmed posting of public notice sign in accordance with the Planning
Act on October 18, 2016.
Previous and/or Concurrent applications on the subject lands:
B065/12- Lot Addition; Approved and Lapsed
A069/12- Lot Frontage and Lot Area; Approved and Lapsed
B006/13- New lot; Approved
A008/13- Lot Frontage and Lot Area; Approved
B015/13- New lot; Approved
A022/13- Lot Frontage and Lot Area; Approved
Page 31
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department:
Building / Zoning:
The requested variance is correct.
Planning:
The proposed variances are requested to facilitate the construction of a new twostorey single detached dwelling on the subject property. In support of this request,
the following variances are proposed:
1. decreased minimum flankage yard of 4.57 metres (15.00 feet) as required,
to 2.23 metres (7.31 feet) as proposed;
2. decreased minimum front yard setback of 9.14 metres (30.00 feet) as
required to 7.19 metres (23.58 feet) as proposed; and,
3. decreased minimum side yard setback (west) from 1.52 metres (5.00 feet)
as required, to 1.25 metres (4.10 feet) as proposed.
It should be noted that this application was previously deferred due to outstanding
engineering requirements and concern over the proposed front yard setback. Upon
discussion with the applicant, the proposal was revised to accommodate an
increased front yard setback. Staff requested an increase in front yard setback from
5.18 metres (17.00 feet) as proposed by the applicant to 7.19 metres (23.58 feet) to
the main structure located on the easterly side of the subject lot, adjacent to the
newly created Glenn Street. Staff also requested an increased front yard setback
from 6.05 metres (19.85 feet) as requested by the applicant, to 8.0 metres (26.25
feet) on the westerly portion of the lot, adjacent to the neighbouring single detached
dwelling. Staff notes that there is a variation of front yard setbacks along Bond
Crescent and that the existing dwelling is currently situated closer to the street than
the adjacent home. The adjacent home has a front yard setback of 9.533 metres
(31.28 feet), exceeding the minimum requirements under the applicable by-law. It is
the opinion of staff that a reduced front yard setback of 8.0 metres (26.25 feet) will
not have a visual or physical impact on the adjacent property. Staff also notes that
the reduced front yard setback is not anticipated to create a negative impact on the
street scape or lot character of the area.
Planning Staff note that the majority of the surrounding lands have been rezoned to
“Single Detached Four (R4) Zone” and “Single Detached Six (R6) Zone” under
By-law 313-96, as amended, in order to facilitate the construction of two (2) Plans of
Page 32
Subdivision (Town File Nos:19T(R)-12011 and 19T(R)-12009) directly east and west
of the subject lands. The proposed variances are generally aligned with the
provisions of the “R4” Zone under By-law 313-96. Therefore, the applicant’s
proposal will bring the subject lands into greater conformity with the surrounding
pattern of infill development. In addition to the approved plans of subdivision, several
Zoning By-law Amendments along Bond Crescent have been approved with site
specific development standards to allow for reduced front yard setbacks. In
particular, Town File No. D02.16004 approved a front yard setback of 6.0 metres
(19.69 feet) for the lands known municipally as 104 Bond Crescent. It is staff’s
opinion that the proposal is aligned with the type of infill development characterized
throughout the Bond neighbourhood and will generate greater compatibility with the
area in regards to lot fabric and character. For these reason, staff considers the
requested variances 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 the applicable Official Plan and Zoning By-law.
Planning staff recommends approval of the minor variance application A083/16.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff has no comments on the application.
The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring
trees greater than 20 centimetres diameter breast height requires permission (i.e. a
permit) from Town staff prior to the undertaking. A replacement plan will be required
for trees removed.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No response.
Page 33
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No response.
Toronto & Region Conservation Authority:
TRCA have no objection to the above noted application as currently submitted, subject
to the following condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of
$550.00.
*TRCA correspondence has been attached. The applicant has paid the required review
fee.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
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 submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Page 34
Reasons for approval:
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.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 35
Committee of Adjustment
Staff Report
Agenda Item: F
APPLICATION INFORMATION:
Minor Variance Application A087/16
Related Applications: None
Subject Land: 31 Bloomgate Crescent
Name of Owner: Farid Parhami & Saloomeh Nikkhah
Name of Agent: N/A
Committee of Adjustment Date: November 3, 2016
The Request:
To provide relief from the provisions of By-law 313-96, as amended, to permit a reduced
exterior side yard (flankage) setback from 6.20 metres (20.34 feet) to 1.60 metres (5.25
feet) to accommodate the installation of a proposed semi in-ground swimming pool.
Summary of Requested Variances:
Minimum Side Yard Setback
(Flankage)
By-Law
Requirement
Proposed
Difference
6.20 m ( 20.34 ft)
1.60 m ( 5.25 ft)
4.60 m ( 15.09 ft)
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Multiple Residential One (RM1) Zone
Zoning By-law: By-law No. 313-96, as amended
Zoning Provisions:
Minimum Flankage Yard: 6.2 metres (20.3t)
Swimming pools, erected accessory to a dwelling, are permitted in the following yards:
a) in the side yard or the flankage yard, provided that no part of the such swimming
pool is located closer to any lot line or street line than the required minimum
yards and/or setbacks required for the main building on the lot, or 1.5 metres
(4.92 feet), whichever is greater; and,
Page 36
b) in the rear yard, provided that no part of such swimming pool is located closer to
any lot line than 1.5 metres (4.92 feet).
Please 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 Bloomgate Crescent, west of Red
Cardinal Trail and abut to the south of Bloomington Road West. The lands currently
support an existing two-storey townhouse dwelling unit, being the end unit of a street
townhouse development. The lands are situated within an established residential
neighbourhood comprised of a mix of two-storey single detached, semi-detached
and street townhouse dwellings.
COMMENTS RECEIVED FROM MUNICIPAL DEPARTMENTS &
OUTSIDE AGENCIES:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
October 7, 2016.
Public notice was mailed on October 20, 2016.
The applicant confirmed posting of public notice sign on October 18, 2016
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Previous and/or Concurrent applications on the subject lands: None
Planning & Regulatory Services Department:
Building / Zoning:
The requested variance is correct.
Planning:
The applicant is requesting relief from By-law 313-96, as amended, to permit a
reduced flankage yard setback in order to accommodate the installation of a
Page 37
swimming pool. To facilitate the proposed development, the minor variance
application is specifically seeking relief from the following provision of By-law 31396, as amended:
1. reduced flankage yard setback from 6.2 metres (20.34 feet) as required, to
1.6 metres (5.25 feet).
It is noted that the rear yard contains an existing patio and is not shaped
appropriately to support the location of the proposed swimming pool. Planning staff
has reviewed the application and would note that there is ample room in the
flankage yard to support the location of a swimming pool and that the swimming pool
would have little or no impact on adjoining lands given that Bloomington Road West
abuts to the north and east and the subject dwelling acts as a buffer with adjoining
lands to the south.
On the basis of the preceding, the proposal meets the four (4) tests described under
Section 45(1) of the Planning Act for the evaluation of minor variance proposals.
Staff is of the opinion that the proposed minor variance is considered minor in
nature, is desirable for the appropriate development of the subject lands and meets
the general intent of the Official Plan and Zoning By-law.
Planning staff therefore recommends that minor variance application A087/16 be
approved.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff has no comments on the application.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No response.
Page 38
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No response.
Toronto & Region Conservation Authority:
TRCA have no objection to the above noted application as currently submitted, subject
to the following condition:
1.
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.
Staff & Agency Recommendation(s):
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 submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Page 39
3. That the applicant remits the outstanding TRCA Planning Services review fee of
$550.00.
Reasons for Approval:
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.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 40
Committee of Adjustment
Staff Report
Agenda Item: G
APPLICATION INFORMATION:
Minor Variance Application A089/16
Related Applications: None
Subject Land: 74 Bedford Park Avenue
Name of Owner: Richard Chettle and Gina Yuqimpo-Chettle
Name of Agent: David Small Designs
Committee of Adjustment Meeting Date: November 3, 2016
The Request:
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
minimum interior side yard setback (east) from 1.83 metres (6.00 feet) to 1.50 metres
(4.92 feet) and a reduced minimum interior side yard setback (west) from 1.83 metres
(6.00 feet) to 1.35 metres (4.43 feet) to accommodate the construction of a proposed
single family dwelling.
Summary of Requested Variances:
Minimum Side Yard Setback East
Minimum Side Yard Setback West
By-Law
Requirement
Proposed
Difference
1.83 m ( 6.00 ft)
1.50 m ( 4.92 ft)
0.33 m ( 1.08 ft)
1.83 m ( 6.00 ft)
1.35 m ( 4.43 ft)
0.48 m ( 1.57 ft)
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Residential Second Density (R2) Zone
Zoning By-law: By-law No. 66-71, as amended
Zoning Provisions:
Minimum Lot Frontage: 15.24 metres (50 feet)
Minimum Lot Area: 464.52 square metres (5,000 square feet)
Minimum Front Yard Setback: 7.70 metres (25.26 feet)
Minimum Side Yard Setback: 1.83 metres (6 feet)
Minimum Rear Yard Setback: 7.62 metres (25 feet)
Maximum Building Height: 10.67 metres (35 feet)
Maximum Lot Coverage: 30%
Page 41
Please 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 Bedford Park Avenue, north of
Centre Street East, and east of Yonge Street. The lands currently support an
existing two-storey single detached dwelling that is proposed to be demolished in
order to construct a new two-storey single detached dwelling. The lands are situated
within an established residential neighbourhood comprised of a mix of one-storey
and two-storey single detached dwellings. The lands abut Bedford Park Avenue to
the north, and residential uses to the south, east, and west.
COMMENTS RECEIVED FROM MUNICIPAL DEPARTMENTS &
OUTSIDE AGENCIES:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
October 7, 2016.
Public notice was mailed on October 20, 2016.
The applicant confirmed posting of public notice sign on October 17, 2016
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Previous and/or Concurrent applications on the subject lands: None
Planning & Regulatory Services Department:
Building / Zoning:
The requested variance is correct.
Planning:
The applicant is requesting relief from By-law 66-71, as amended, to permit reduced
side yard setbacks in order to accommodate the construction of a proposed twostorey single detached dwelling. In support of this request, the following variances
are proposed:
Page 42
To facilitate the proposed development, the minor variance application is specifically
seeking relief from the following provisions of By-law 66-71, as amended:
2. Reduced side yard setback (east) from 1.83 metres (6.00 feet) as required, to
1.50 metres (4.92 feet) as proposed; and,
3. Reduced side yard setback (west) from 1.83 metres (6.00 feet) as required, to
1.35 metres (4.43 feet) as required.
It should be noted that the subject lot is located within the Town’s Site Plan Control
Area and is in the process of receiving final site plan approval. Planning staff have
reviewed the application and conclude that the requested variances are considered
appropriate within the context of the existing neighbourhood. It should also be noted
that the proposal conforms to all other provisions outlined in the applicable by-law,
therefore reducing potential negative impacts of reduced side yard setbacks on the
character and lot fabric of the surrounding neighbourhood.
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 A089/16 be approved.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff has no comments on the application.
The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring
trees greater than 20 centimetres diameter breast height requires permission (i.e. a
permit) from Town staff prior to the undertaking. A replacement plan will be required
for trees removed.
Parks staff note we have also provided comments on concurrent Site Plan D06-16034.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Page 43
Corporate & Financial Services:
Not circulated.
Powerstream:
No response.
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No concerns.
Toronto & Region Conservation Authority:
No comments, concerns or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
Page 44
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Reasons for approval:
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.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 45
Committee of Adjustment
Staff Report
Agenda Item: H
APPLICATION INFORMATION:
Minor Variance Application A091/16
Related Applications: None
Subject Land: 41 Roosevelt Drive
Name of Owner: Seyed Hossein Alavi
Name of Agent: N/A
Committee of Adjustment Meeting Date: November 3, 2016
The Request:
To provide relief from the provisions of By-law 2523, as amended, to permit an
increased maximum encroachment into the front yard (front porch and stairs) from 0.91
metres (3.00 feet) to 1.99 metres (6.53 feet) and increased maximum lot coverage from
30.00% to 33.04% to accommodate the construction of a proposed single family
dwelling.
Summary of Requested Variances:
By-Law
Requirement
Proposed
Difference
Maximum Lot Coverage
30.00%
33.04%
3.04%
Maximum Encroachment
(Front Porch and Stairs)
0.91 m ( 3.00 ft)
1.99 m ( 6.53 ft)
1.08 m ( 3.53 ft)
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Single Family Three (R3) Zone
Zoning By-law: By-law No. 2523, as amended
Zoning Provisions:
Minimum Lot Frontage: 15.240 metres (50.0 feet)
Minimum Lot Area: 557.4 square metres (6,000 square feet)
Minimum Front Yard Setback: 7.62 metres (25.0 feet)
Minimum Side Yard Setback: 1.52 metres (5.0 feet)
Minimum Rear Yard Setback: 7.62 metres (25.0 feet)
Maximum Building Height: 10.67 metres (35.0 feet)
Maximum Lot Coverage: 30%
Maximum Porch / Stairs Encroachment: 0.9 metres (3.0 feet)
Page 46
Please 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 Roosevelt Drive, west of Pearson
Avenue. The existing dwelling is to be demolished.
COMMENTS RECEIVED FROM MUNICIPAL DEPARTMENTS &
OUTSIDE AGENCIES:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
October 7, 2016.
Public notice was mailed on October 20, 2016.
The applicant confirmed posting of public notice sign on October 20, 2016
Previous and/or Concurrent applications on the subject lands: None
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department:
Building / Zoning:
The requested variance is correct.
Planning:
The proposed variances are requested to facilitate the construction of a new two-storey
single detached dwelling on the subject lands. Minor variances are requested seeking
relief from the maximum lot coverage and porch/stairs encroachment provisions of Bylaw No. 2523, as amended.
Page 47
Planning staff has reviewed the proposed minor variances and does not object to the
requested variances as they are considered to be minor in nature, desirable for the
appropriate development of the subject lands and maintain the general intent and
purpose of the Official Plan and Zoning By-law.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff has no comments to the Committee on the application.
The property is subject to Tree Preservation By-law No. 41-07. Cutting and injuring
trees greater than 20 centimetres diameter breast height requires permission (i.e. a
permit) from Town staff prior to the undertaking. Tree protection will be required during
construction (including neighbouring trees), and a replacement plan will be required for
those removed.
Removal or injury to any trees located on neighbouring properties requires a Tree
Preservation By-law Permit and an application for the required permit must be signed by
the Owner of the trees.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No response.
Enbridge:
Not circulated.
Bell Canada:
No response.
York Region – Transportation & Community Planning Department:
No concerns.
Page 48
Toronto & Region Conservation Authority:
No concerns or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
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 submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Reasons for Approval:
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.
Page 49
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 50