THE CORPORATION OF THE TOWN OF MILTON
COMMITTEE OF ADJUSTMENT AND CONSENT
Meeting No. 07-2016
THURSDAY, AUGUST 25, 2016
PAGE 1
The Committee of Adjustment and Consent met at 7:00 p.m. in the Council Chamber at
Town Hall West, with Joe Yaworski in the Chair.
THOSE PRESENT:
Chair:
J.Yaworski
Members:
A.Fischbach
M.Kluge
S. Naseer
J. Robinson
I.
AGENDA ANNOUNCEMENTS/AMENDMENTS
II.
DISCLOSURE OF CONFLICT OF INTEREST
None
III.
RATIFICATION OF PREVIOUS MINUTES
Rec. COA-038-16: THAT the Minutes from Committee of Adjustment and
Consent Meeting No. 06-2016 held on July 28, 2016 be approved. CARRIED
IV.
DEFERRAL AND/OR WITHDRAWAL OF APPLICATIONS
None
V.
MINOR VARIANCE APPLICATIONS
1
Minor Variance Application D13 (A1-16/021/M)
820 Nipissing Road, Units 1 and 2, Milton
 Mikhail Hanna, the representative appointed by the Owner/Agent, was
sworn in and provided an overview of the application on their behalves.
 The speaker clarified that the building would not increase in height; the
lengthened term of variance was needed to honour an existing lease in
one of the units and to accommodate phased improvements to the
combined space.
 The speaker acknowledged landscaping deficiencies of the previous
owner and indicated that the current owner was prepared to follow up and
address outstanding matters, as may be required.
 The speaker further indicated that a landscaping contractor has been
hired and, weather permitting, the works are scheduled to be completed
by end September 2016.
Town of Milton
Committee of Adjustment and Consent
Public


Date: August 25, 2016
Page 2 of 18
Elaine Zammit, Sworn in
Gerry Brooks, Affirmed
Elaine Zammit (property owner to rear) addressed Committee with respect to
the following negative impacts on her property:
 Lights at the back of the Nipissing Road building are very bright and
intrusive.
 The mutual wooden fence between the two properties is/remains in need
of ongoing repair.
 Trees on the subject property (especially a poplar type on/close to the
mutual lot line) and the potential for injury from sprouting roots and/or
damage to their swimming pool.
 Potential for intrusion on privacy from windows of altered building. [The
representative clarified that windows would not form part of the
renovations.]
Gerry Brooks (business operator at 820 Nipissing Road) addressed
Committee with respect to the following:
 Impact of landscaping (existing and outlined as being required in O.M.B.
Minutes of Settlement schedule associated with a prior planning
matter/property owner) as it does/could impact vehicle movement
on/around the Nipissing Road property, especially with regard to access
to the loading dock area.
 Planning Staff acknowledged that the site is tight and indicated that while
this issue is separate from the variance currently being requested, Staff
could follow up.
Reasons for Decision:
Having been reviewed within the contexts of Section 45(1) of the “Planning
Act”, as amended; the Town of Milton Comprehensive Zoning By-law 0162014, as amended; and based upon the evidence presented, the Committee
is of the opinion that this minor variance application is:
1. minor in nature;
2. desirable for the appropriate development or use of the property;
3. within the general intent and purpose of the Official Plan; and
4. within the general intent and purpose of the Zoning By-law.
Planning Consideration:

The proposed second storey storage area will not change the exterior of
the building; will not remove any existing parking; nor will it generate the
need for additional parking. All of these potential impacts were of
concern when creating the site specific by-law.
Town of Milton
Committee of Adjustment and Consent





Date: August 25, 2016
Page 3 of 18
The applicants have agreed to using the proposed second storey space
for storage purposes only; capping the size of the storage area to a
combined total of 400 square metres between Units 1 and 2; and in the
event that the proposed Youth Centre use should change to a different
use in the future, they are prepared to demolish the additional second
storey storage area to ensure that the space is not misused by future
tenants. All of the above limitations have been set out in the proposed
variance or added as conditions to the variance.
There were no public or agency objections to the requested variance.
Notwithstanding, a resident whose property abuts the subject lands to the
south sought clarification, specifically with regard to whether or not the
additional storage space would affect the exterior of the building or
remain interior to the building, and to note several concerns in relation to
the existing conditions of the overall site, including:
o The existing poplar tree adjacent to the fence at the rear of the
subject property has been creating sprouts on his own personal
property which are difficult to remove and has had an impact on their
personal enjoyment of the property;
o Portions of the existing wood fence are leaning into the yards of the
neighbouring residential properties to the south and the neighbours
have been using wooden supports to keep the fence erected;
o An increase in rodents including rats, possums and skunks has been
noticed more recently, and there is concern that there may be food
waste within the garbage enclosure that is contributing to this
problem;
o The lights on the rear wall of the building need to be adjusted to
minimize the amount of light spilling into the neighbouring properties
to the rear; and
o Garbage has been collecting along the rear fence and landing on his
personal property.
The resident conceded that not all of these problems were necessarily
being generated from the use of subject property, but thought it worthy of
note.
Town Staff subsequently inspected the property. In addition to what was
identified, it was noted that landscaping works for the rear of the property
required by way of Minutes of Settlement related to an earlier OMB
hearing, remained outstanding. To ensure timely compliance, Planning
Staff will be requiring that the Landscape Plan attached to the OMB
Settlement (attached as Schedule 2 to this Decision) be implemented
within 60 days of the Committee’s decision.
Staff has been advised that the property owners would be looking into all
site matters immediately. However, given the condition of the property
and to ensure that the noted concerns will be addressed in a timely
matter, Staff will be recommending a 60-day period in which all site
matters are to be brought into compliance with the Zoning By-law,
Property standards By-law and any other Town By-laws and agreements.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 4 of 18

Town Planning Staff has no objections to the proposed variance,
provided that the second storey space is used for storage purposes only;
is removed if the use changes; and that the aforementioned site related
concerns, including the landscaping works, are completed prior to
construction.
 Based on the foregoing, Town Planning Staff is of the opinion that the
requested variance - subject to conditions - is minor in nature; meets the
intent of the Official Plan and Zoning By-law; and is appropriate for the
development and use of the land because the additional second storey
storage area proposed within Units 1 and/or 2 of the existing building:
o does not alter the view, sightlines or personal enjoyment of the
subject property, nor any neighbouring properties;
o does not remove any existing parking or generate additional parking
in relation to its implementation; and,
o will be used solely for the purposes of storing materials and supplies
related to the permitted Youth Centre.
 Given that the applicants are interested in phasing their project and want
to ensure that they have time to address any unexpected circumstances
that might arise in the changeover of uses within Unit 1, the applicants
have asked Staff for consideration of a three year time frame instead of
the more typical 2 years. Staff has no issue with respect to the extended
time frame since the units will be used together eventually for the same
purpose and it allows the applicant added time to get their drawings and
permits organized for their intended phased construction. In addition,
given that the works are all interior to the building, the extension being
applied will not affect any adjacent landowners.
Additional Consideration from Hearing:
 Storage (as has been applied for) doesn’t change the overall use of the
property.
 Concerns relative to site works (including fencing, landscaping, lighting,
vehicular movement) that have been raised by area property
owners/operators (while not directly related to the variance being
requested) were identified and will be followed up by Town Staff.
 Staff clarified that the O.M.B. Minutes of Settlement were the result of a
broader Official Plan Review rather than an individual planning application
related to this property alone.
 Staff clearly noted that while enforcement measures could be taken, the
areas of concern were not directly related to the variance being requested.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 5 of 18
Rec. COA-039-16: THAT Minor Variance Application under Section 45(1) of
the “Planning Act” - File #D13 (A1-16/021/M) to the Milton Committee of
Adjustment and Consent to allow the site specific provisions of Section
13.1.1.205 to continue to apply to the subject lands notwithstanding the
addition of a maximum combined 400 square metres of 2 nd storey storage
area within the existing building in Units 1 and 2 – as shown on attached
Schedule ‘2’ - WHEREAS site specific provisions of Section 13.1.1.205 of
Comprehensive Zoning By-law 016-2014, as amended only apply to the
subject lands provided the existing building having a Gross Floor Area
(G.F.A.) of 1685 square metres is not altered in any way that would result in
a change in G.F.A. to provide storage space for a youth centre on Lot 6,
Block 35, Plan M285, municipally known as 820 Nipissing Road, Units 1 and
2, in the Town of Milton, Regional Municipality of Halton BE APPROVED,
WITH CONDITIONS, AS FOLLOWS:
1.
2.
3.
4.
5.
6.
That a building permit (including Change of Use Report, as may be
required) be applied for and received, prior to construction. [All
requirements of the Ontario Building Code are to be addressed.]
That the subject property be brought into full compliance with all
provisions of the Zoning By-law, Property Standards By-law and any
other applicable Town By-laws or agreements within 60 calendar days
of the Committee’s decision.
That the landscaping requirements as set out in Schedule ‘C’ to the
OMB Minutes of Settlement (Case PL140294) for the subject property,
and shown as Schedule 2 to this Decision, be fulfilled to the Town’s
satisfaction within 60 calendar days of the Committee’s decision.
That the additional second storey area with a maximum combined total
of 400 square metres to be accommodated within Units 1 and/or 2 be
used for storage purposes only.
That should a change in use (from a Youth Centre to a new use) occur
within Units 1 and/or 2, the additional second storey storage area(s) be
demolished and removed in their entirety, as applicable.
That the approval be subject of an expiry of three (3) years from the
date of decision if the conditions are not met, if the proposed
development does not proceed and/or a building permit is not secured.
End of Conditions
1. Town Development Engineering Staff has advised as follows:
“The owner must provide any information regarding changes to lot
drainage for review and subsequent review at the time of application for a
building permit. This includes any changes to the roof top drainage
system including any new or moved downspout locations. Additionally,
any changes in grades or overland flow on the property must also be
shown with proposed and existing elevations.”
2. Development Charges are applicable and payable prior to Building
Permit issuance, at the non-residential rate in effect at that time in
accordance with Town, Region and School Boards by-laws.
Development Charges inquiries, if any, are to be directed to C. Boyle at
905/878-7252, Ext. 2402.
End of Notes
CARRIED
Town of Milton
Committee of Adjustment and Consent
2
Date: August 25, 2016
Page 6 of 18
Minor Variance Application D13 (A2-16/023/M)
1577 Lower Base Line West (Trafalgar), Milton
 The Agent was sworn in; provided an overview of the application; and
submitted a list with signatures of approximately 15 persons living in the
vicinity who were in support of the variances needed for the
redevelopment of this property.
Public

Joseph Skupnik
 Mr. Skupnik (owner of lands that abut and surround the subject property)
indicated that while the portion of a building that had been inadvertently
erected and extended onto his property had been removed, he felt that
the resultant setback remained insufficient.
Reasons for Decision:
Having been reviewed within the contexts of Section 45(1) of the “Planning
Act”, as amended; the Town of Milton Comprehensive Zoning By-law 1442003, as amended; and based upon the evidence presented, the Committee
is of the opinion that this minor variance application is:
1. minor in nature;
2. desirable for the appropriate development or use of the property;
3. within the general intent and purpose of the Official Plan; and
4. within the general intent and purpose of the Zoning By-law.
Planning Consideration:




The owner has advised that his landscaping business has now been
removed from the subject property. If the variances are to be approved,
conditions have been recommended to ensure that the operation has
been fully relocated. Once satisfied in that regard, the land uses on the
property will be in keeping with the intents of both the Official Plan and
Zoning By-law.
There were no objections from Town Staff and external agencies,
although certain requirements that were identified form the basis for
recommended conditions.
Town Planning Staff has no objection to the proposed variances, subject
to a number of conditions relating to the removal of the landscaping
operation; specific site works to be completed; and required permits and
permissions prior to proceeding with development on the site.
Planning Staff is of the opinion that with the recommended conditions,
the proposed variances will not have a negative impact on the subject
property nor any neighbouring properties; are minor in nature, conform to
the general policies and intent of both the Official Plan and the Zoning
By-law, and are appropriate for the development and use of the land.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 7 of 18
Size of Accessory Structures
 The intent of limiting the size of accessory structures is to ensure that the
proposed buildings do not become a dominant focal point on the subject
property or create a visual impact on adjoining properties and the street.
Although the existing accessory structure to the rear of the property is
much larger than permitted, it will be more compatible in comparison to
the new dwelling. There have been no known complaints with respect to
its size or its location and given that the large building is located to the
rear of the property; screened by trees; and surrounded by agricultural
uses; its impact on adjoining properties and the street is considered
minimal.
Increased G.F.A. of New Accessory Building converted from Existing House
 The proposed increased G.F.A. should also have little to no impact on
the subject property; adjoining properties; and the street, as it will be
hidden behind the new and significantly larger dwelling.
Requested Decrease in Rear Yard Setback for oversized accessory building
to rear
 Given that the subject property is surrounded by agricultural fields; there
have been no complaints with its location to date; and there is no plan for
residential development in proximity to the building in the near future,
Planning Staff has no concerns with the proposed reduction as no impact
to neighbouring properties is anticipated.
Two Dwellings Temporarily on a Lot
 Planning Staff has no objection to the placement of 2 dwellings on a lot
during construction, as long as a series of conditions is applied to ensure
that the original dwelling is no longer used for habitation and is converted
into an accessory building to be used for storage purposes only.
Shipping Container(s)
 Staff will be requiring removal of one of the trailers immediately, however,
is willing to allow the other to remain in place until the new dwelling can
be occupied. It will be used for temporary storage of house contents and
a condition is being recommended to ensure its removal upon occupancy
of the new dwelling.
Use of Accessory Building
 Given that the existing accessory building was used previously in
conjunction with a landscaping operation and to prevent its ongoing use
for the storage of others, a condition will be recommended limiting the
use of the accessory buildings to personal storage only.
Additional Consideration from Hearing:
 A significant number of area property owners had indicated support for the
proposed variances.
 Any illegal use of the property (i.e. landscape contractor’s yard) will cease.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 8 of 18
 A lengthy list of conditions is expected to address any concerns that may
be otherwise related to the variances being proposed.
 Members were advised that the misplacement of the existing accessory
building at the rear of the property had been identified as an error and has
since been corrected.
 The location of the reconfigured building to the rear, while close to the
neighbouring lot line, does not impact the neighbouring property/persons
because those lands are vacant at that particular location.
Rec. COA-040-16: THAT Minor Variance Application under Section 45(1) of
the “Planning Act” - File #D13 (A2-16/023/M) to the Milton Committee of
Adjustment and Consent to:
Rear Building
1. allow an increase in maximum Gross Floor Area for an accessory
building to 348 square metres, WHEREAS Section 4.1.2.2.ii of
Comprehensive Zoning By-law 144-2003, as amended, permits a
maximum Gross Floor Area for an accessory building of 93 square
metres;
Rear Building
2. allow a decrease in minimum rear yard setback to 1.2 metres,
WHEREAS Section 4.1.2.2.i of Comprehensive Zoning By-law 144-2003,
as amended, requires a minimum rear yard setback of 15 metres;
New Detached Dwelling
3. allow two (2) detached dwellings to be temporarily located on the same
lot to accommodate construction of the new dwelling, WHEREAS Section
4.2.i of Comprehensive Zoning By-law 144-2003, as amended, permits
only one (1) residential building per lot;
Existing Dwelling being converted to an Accessory Building
4. allow an increase in maximum Gross Floor Area for an accessory
building to 191.62 square metres, WHEREAS Section 4.1.2.2ii of
Comprehensive Zoning By-law 144-2003, as amended, permits a
maximum Gross Floor Area for an accessory building of 93 square
metres; and
Shipping Container
5. temporarily locate one (1) shipping container on the lot, to be used for
residential storage until the new dwelling has been constructed,
WHEREAS Section 4.23.i of Comprehensive Zoning By-law 144-2003, as
amended, does not permit shipping containers in the A1 zone
to accommodate the construction of a new/replacement house, including
conversion of an existing house into an accessory structure once the new
house is occupied; use of an on-site shipping container for residential
storage during construction; as well as the retention of an existing, oversized accessory building located at the rear of the property on Part Lot 1,
Concession 4 NS (Trafalgar); Part 2, Reference Plan 20R-2313, municipally
known as 1577 Lower Base Line West in the Town of Milton, Regional
Municipality of Halton BE APPROVED, WITH CONDITIONS, AS FOLLOWS:
Town of Milton
Committee of Adjustment and Consent
1.
Date: August 25, 2016
Page 9 of 18
That any necessary permits or permissions be applied for and received
from Conservation Halton before any new development or site alteration
occurs on the property.
2. That the Ministry of Natural Resources and Forestry (MNRF) be
consulted with respect to Species at Risk, and a letter from MNRF
confirming that there is/is not Species at Risk on or near the property be
provided to Town Planning Staff before proceeding with any
development on site.
3. That, prior to demolition, any/all applicable demolition permit(s)
regarding the proposed works be applied for and received.
4. That all applicable building permits be applied for and received, prior to:
the construction of the new single-detached dwelling; the installation of
the septic system for the new residence; the conversion of the existing
detached dwelling to an accessory building, and, to permit the existing
oversized accessory building at the rear of the property.
5. That, prior to building permit issuance for the new single-detached
dwelling, the applicant provide a Letter of Undertaking to the Town of
Milton agreeing to:
a. discontinue the use of the original single-detached dwelling upon
occupancy of the new residence;
b. provide a performance guarantee in the amount of $5,000.00 to
ensure discontinuation of the residential use in the original singledetached dwelling (including removal of all kitchen and bathroom
plumbing and decommissioning of the existing septic system);
c. convert the original single-detached dwelling to an accessory
building, within three (3) months of an occupancy permit being
granted for the new residence.
6. That, prior to building permit issuance for the new dwelling, the agreedto performance guarantee in the amount of $5,000.00 be paid to the
Town of Milton, by certified cheque.
7. That the Applicant submits the plans and specifications to convert the
original dwelling to an accessory storage building to the Town of Milton
Building Department for review and approval, 30 days prior to
occupancy of the new single detached dwelling referred to in the
Undertaking.
8. That the conversion of the original dwelling to an accessory storage
building be completed, to the satisfaction of Town of Milton Building
Staff, within three (3) months of an occupancy permit being issued for
the new dwelling. [Securities being held can be returned to the
applicant upon this clearance from the Building Department.]
9. That the accessory building (converted from the existing detached
dwelling) and the oversized accessory building located at the rear be
used for personal storage purposes only.
10. That the subject lands shall not be used as/for the purposes of a
Landscape Contractor’s Yard.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 10 of 18
11. That all materials and equipment associated with the landscape
operation must be removed from the subject property no later than
December 20, 2016.
12. That the shipping container used for the storage of furniture for the new
dwelling be removed upon occupancy of the new dwelling. All other
shipping containers be removed from the property immediately.
13. That the approval be subject of an expiry of two (2) years from the date
of decision if the conditions are not met, if the proposed development
does not proceed and/or a building permit is not secured.
End of Conditions
NOTES:
1. Given the proximity of potential wetland features and significant species
habitat, please contact Conservation Halton regarding any proposed
vegetation alteration, landscaping or other site alteration.
2. The Owner must pay Development Charges in accordance with Town,
Region and School Boards by-laws. The Owner or agent must apply for
a permit, acceptable to the Town of Milton’s Building Department, to
decommission/change the use of the existing single family dwelling on
the subject property prior to the permit for the new single family dwelling
being issued. For more information regarding Development Charge
requirements related to this proposed development, the applicant should
contact C. Boyle, Town Development Administrator at 905/878-7252,
Ext. 2402.
3. Town Development Engineering Staff has advised as follows:
“At the time of applying for building permits, Development Engineering
will require a detailed grading plan for review and subsequent approval.
The plan is to indicate overland flow direction, associated land slopes,
and drainage management for the property on all sides/property lines of
development. The plan must also include existing and proposed
elevations; downspout locations; and sump pump location, if installed,
and offset distances.
Any drainage patterns of the property must not adversely affect adjoining
properties or existing buildings.”
4. The owners or their consultants are to contact Milton Hydro well in
advance for confirmation of electrical servicing requirements.
End of Notes
CARRIED
3
Minor Variance Application D13 (A1-16/022/M)
620, 630, 640 and 650 Sauve Street, Milton

The Agent was sworn in and provided an overview of the application.
Public

None
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 11 of 18
Reasons for Decision:
Having been reviewed within the contexts of Section 45(1) of the “Planning
Act”, as amended; the Town of Milton Comprehensive Zoning By-law 0162014, as amended; and based upon the evidence presented, the Committee
is of the opinion that this minor variance application is:
1. minor in nature;
2. desirable for the appropriate development or use of the property;
3. within the general intent and purpose of the Official Plan; and
4. within the general intent and purpose of the Zoning By-law.
Planning Consideration:
 The need for a minor variance arose from the reduction in the size of
several of the parking spaces in the underground parking garage due to
structural considerations relating to the construction of the parking
garage.
 Following the identification of this deficiency, the applicant expressed a
willingness to install bicycle storage racks in these locations. In total, 55
bicycle parking spaces are proposed to be added within the underground
parking garage.
 Town Planning Staff has no objection; being of the opinion that the
requested variance meets the “four tests” as set out in the “Planning Act”.
Notwithstanding, as the as-constructed parking garage does not reflect
the approved site plan, Staff recommends that the applicant be required
to amend the associated site plan application to reflect the changes in the
layout of the underground parking garage; the reduction in the number of
parking spaces; and the addition of the bicycle racks for the bicycle
parking spaces.
Additional Consideration from Hearing:
 The loss of required parking space resulted from changes to certain
structural elements in the underground parking (pillars) which had been
increased in size to ensure safely.
 While suggested as a possible alternative to a reduction in parking space,
the Town Planner indicated that a reduced parking stall size was not an
option typically supported from the planning perspective.
 The variance is not expected to affect current/future condominium
purchasers. One spot is intended for each unit and this ratio can still be
maintained. The additional spaces are in excess of the base tenant
requirement and those spaces are to be allocated at the discretion of the
Condominium Corporation.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 12 of 18
Rec. COA-041-16: THAT Minor Variance Application under Section 45(1) of
the “Planning Act” - File #D13 (A1-16/022/M) to the Milton Committee of
Adjustment and Consent to allow a decrease in the number of tenant parking
spaces to 1.275 spaces per unit, WHEREAS Section 5 5.8.1 (Table(i)5E of
Comprehensive Zoning By-law 016-2014, as amended requires parking at the
following rates:
(1) 1.5 tenant parking spaces per unit; and
(2) 0.25 visitor parking spaces per unit
on Part Lot 10, Concession 4 NS (Trafalgar); Part Block 193, R.P. 20M-1051
municipally known as 620, 630, 640 and 650 Sauve Street in the Town of
Milton, Regional Municipality of Halton BE APPROVED, WITH CONDITIONS,
AS FOLLOWS:
1.
2.
That the applicant apply for a modification to the approved site plan to
reflect the changes in the layout of the underground parking garage, the
reduction of ten (10) parking spaces, and the addition of the bicycle
racks accommodating a minimum of fifty-five (55) bicycle parking
spaces in the underground parking garage.
That the approval be subject of an expiry of one (1) year from the date
of decision if the conditions are not met and/or the proposed
development does not proceed.
End of Conditions
NOTES:
None
CARRIED
4
Minor Variance Application D13 (A1-16/024/M)
6 and 12 Main Street South (Campbellville), Milton
 The Applicant/Agent was sworn in and provided an overview of the
application.
 The proposed use is a small-scale re-introduction of restaurant type
use(s) that previously operated on the subject property.
 The restaurant, as proposed, would:
o represent an extension to the existing coffee bar that is considered
accessory to the bicycle shop;
o cater primarily to persons arriving by bicycle vs. automobile and
ample bicycle parking is available on site; and
o not have a commercial kitchen but be limited to a pizza oven. Baked
goods (baked off site) and speciality coffees, as well as pizza and
gelato, would be served.
o Capacity would be 12 persons (at 4 tables).
 A professional Parking Study provided by the applicant confirmed that
on-site space + public parking lots in the vicinity could accommodate all
parking needs. Town Planning and Transportation Staff are satisfied
with findings of report.
Town of Milton
Committee of Adjustment and Consent


Date: August 25, 2016
Page 13 of 18
The building at 12 Main Street North was in complete disrepair and had
to be taken down; space is expected to be used in future to augment
bicycle shop use. Space could be used as a spin (indoor cycling) studio
or for other community uses. Future uses are expected to be conducted
in the cycling off-season/hours, thus offsetting the parking load. The
buildings have both had parking loads in the past, albeit for different
uses.
The applicant indicated that he also owns the Lion’s Hall property,
further along Main Street, and that this parking space is being made
available to/used by employees and bicycle shop patrons. The owner
also indicated that he would be amenable to placing corresponding onsite directional signage on the 6 Main Street site and would ensure the
removal of view-obstructing vines so that all parking signage is readily
visible.
Public



Yangsoo Oh, Sworn in
Mary Hancock, Affirmed
Gerry Brooks, Affirmed
Yangsoo Oh (owner of property on the opposite side of Main Street)
addressed Committee with respect to the following concerns:
 Patrons of the bicycle shop/coffee bar (as well as non-patron
motorcyclists) use his parking lot routinely, with Saturdays and Sundays
being particularly busy.
 Access to his gas pumps by fuel tankers is often obstructed by the
vehicles of patrons of other businesses to his own detriment and at his
expense.
 Feels that there is insufficient parking at 6 and 12 Main Street North.
Does not feel that the overflow parking area at the Lion’s Hall is a viable
option because he doesn’t think that it will be used, being too far away
and on the other side of a busy railroad track.
Mary Hancock (owner of Campbell Avenue property beyond prescribed
public circulation area but nonetheless a frequent passerby/user of
Main/Campbell intersection) addressed Committee with respect to the
following concerns:
Parking/Traffic
 Concerned about safety of pedestrians, cyclists and vehicles at the
nearby intersection. Congestion is currently a problem, especially on
weekends, and increased traffic to and from the subject property can only
be expected to aggravate the existing situation.
 Doesn’t feel that 9 parking spaces shared between two properties is
sufficient.
 There is no assurance that cyclists will park in the allotted bicycle areas
and could take up those spaces otherwise intended for cars.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 14 of 18
 Concerned about increased use of community parking being of the
opinion that commercial establishments should be required to provide
parking for their own users and not take away from visitors to
Campbellville and/or other existing businesses that are not able to
provide their own parking and otherwise rely exclusively on municipal
parking areas.
Restaurant Use
 Concerned that if a variance were to be approved, a restaurant could
also operate at 12 Main Street North.
Sewage Capacity
 Concerned about functionality and capacity of holding tanks if the use of
the property were to be expanded. It was clarified that there are 2 holding
tanks, 1 each for 6 and 12 Main Street, and 1 shared well.
 Referenced a past leak; cause/details/resolution were not specifically
addressed.
Gerry Brooks (long-time resident of Campbellville) addressed Committee
with respect to the following:
Holding Tanks
 Capacity of holding tanks; concerned about potential for contamination of
Campbellville Pond.
Restaurant use
 In his opinion, any previous use of the property was not as a true
restaurant, but rather limited to a bbq on the patio and pedestrian ice
cream window.
 Feels that application is not minor and that a variance for such a
proposed change in use is an inappropriate planning mechanism and that
any such proposal should be by way of a rezoning application.
Parking
 Concerned about businesses not making self-provision for parking.
 Lion’s Club Hall parking not currently a viable option, could be even less
so if that property were to be sold in the future and no longer available.
Committee Questioning and Deliberations:
In response to residents’ concerns and Member questioning, the following
clarification was provided:
 Application was circulated to the Regional Health Department; no
concerns were noted.
 Any concerns/deficiencies with regard to the holding tanks will be
identified and reviewed as part of the associated building permit process.
 Operating hours of the restaurant will coincide with bike shop; it is not
intended to become a late night neighbourhood ‘pub’.
 Motorcyclists routinely patronize the ‘Ice House’ restaurant across the
street and patronage of cycle shop by motorcyclists is not rampant, apart
from the use of washrooms and occasional purchase of coffee.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 15 of 18
 The applicant did not agree with the neighbour’s opinion about past uses
noting that, among other entities, it had operated as a Mexican restaurant
at one point in time. He also noted that the existing fuse panel was still
labelled and identified restaurant appliances in excess of what the ‘Flying
Monkey’ intends to use.
Reasons for Decision:
Having been reviewed within the contexts of Section 45(1) of the “Planning
Act”, as amended; the Town of Milton Comprehensive Zoning By-law 1442003, as amended; and based upon the evidence presented, the Committee
is of the opinion that this minor variance application is:
1. minor in nature;
2. desirable for the appropriate development or use of the property;
3. within the general intent and purpose of the Official Plan; and
4. within the general intent and purpose of the Zoning By-law.
Planning Consideration:
Restaurant Use
 A legal non-conforming restaurant existed on this site for a number of
years and an expansion was previously granted by the Committee of
Adjustment. When a change of ownership/use occurred, the restaurant
use ceased and the associated non-conforming status was lost.
 At present, the site contains two upper floor dwelling units and a retail
use (bicycle shop). A coffee bar currently operates accessory to the bike
shop. The owner wishes to expand the coffee bar into a restaurant which
is intended to cater largely to the existing cycling customer base; limited
seating (10 to 12 seats) is proposed.
 Halton Region Public Health Staff, responsible for matters involving
private servicing, has no objections. As such, it is the opinion of Town
Planning Staff that the proposed would meet the intent of the Zoning Bylaw.
 Moreover, Town Planning Staff has no concerns with the proposed
restaurant use as it would be in keeping with the character of Main Street
where a number of restaurants currently exist; will re-establish a use that
traditionally existed on-site; and will be an expansion of the existing
coffee bar.
 The applicant has indicated that no external physical changes will take
place to accommodate the use and the restaurant will cater directly to the
existing customer base of cyclists.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 16 of 18
Parking Reduction
 The required 30 parking spaces represents the required parking for all
uses which exist on the subject lands as well as the uses at 12 Main
Street which shares the existing parking area.
 There are currently 10 parking spaces provided on the subject lands and
20 bicycle parking spaces which serve the primary users of the site,
being a cyclists’ destination. A professional parking study concluded that
the combination of on-site and off-site parking would sufficiently satisfy
the parking requirements of the proposed restaurant use as determined
by the Zoning By-law.
Staff of the Town Planning and
Engineering/Transportation Departments has found the report to be
satisfactory.
 The intent of the parking requirements within the Town’s Zoning By-law is
to ensure that adequate parking is provided to accommodate uses. Staff
notes that because the restaurant is intended to cater directly to the
existing customer base of cyclists, an increase in vehicular traffic and
parking is not anticipated.
 Town Planning Staff has no objections, being of the opinion that the
requested minor variances meet the “four tests” of the “Planning Act”.
Additional Consideration from Hearing:
 There is a history of restaurant-type use on this property and it is not a case
of a completely new or different use being introduced for the very first time.
 Size-wise, a restaurant would only be permitted, as is being proposed by
way of this particular minor variance application. Any expansion would
require new review and approvals.
 If required, the sewage system would have to be upgraded to O.B.C.
standards current at the time of building permit. The holding tank would
be examined from the perspective of the restaurant use being proposed
to ensure adequacy.
 The minor variance is only a first step in this process. If approved, all other
associated requirements (including those related to holding tanks) will still
need to comply before the variance can be considered final and complete.
 The Parking Study and Ontario Building Code/Regional Health Department
standards provide solid checks and balances in this matter.
 While parking problems at a neighbouring establishment may be of
concern, that is a private matter over which neither the Town nor the
Committee of Adjustment has enforcement authority.
 Nine vehicle parking spaces are being made available whereas other
businesses provide none. Given that, it is not considered reasonable to
penalize one owner due to the apparent shortfall of others.
 The Lion’s Club Hall property is available for overflow parking and the
owner is agreeable to corresponding signage and direction as to its use.
Town of Milton
Committee of Adjustment and Consent
Date: August 25, 2016
Page 17 of 18
Rec. COA-042-16: THAT Minor Variance Application under Section 45(1) of
the “Planning Act” - File #D13 (A1-16/024/M REVISED) to the Milton
Committee of Adjustment and Consent to:
1. re-introduce a restaurant use on the property, WHEREAS Section 7.1
(Table 7B) of Comprehensive Zoning By-law 144-2003, as amended does
not permit a restaurant use in the C4 zone; and
2. allow a decrease in parking spaces to accommodate existing and
proposed uses on the property to 9, WHEREAS Section 5.13.2(i) (Table
5E) of Comprehensive Zoning By-law 144-2003, as amended requires a
minimum of 30 parking spaces to accommodate existing and proposed
uses on the property
to accommodate a proposed restaurant and patio on Lot 58-1, Plan M44,
municipally known as 6 and 12 Main Street North (Campbellville) in the Town
of Milton, Regional Municipality of Halton BE APPROVED, WITH
CONDITIONS, AS FOLLOWS:
1.
2.
That a building permit be applied for and received, prior to construction;
That the approval be subject of an expiry of two (2) years from the date
of decision if the conditions are not met, if the proposed development
does not proceed and/or a building permit is not secured.
End of Conditions
NOTES:
1. Development Charges are applicable and payable prior to Building
Permit issuance, at the non-residential rate in effect at that time in
accordance with Town, Region and School Boards’ by-laws.
Development Charges inquiries, if any, should be directed to C. Boyle,
Town Development Administrator at 905/878-7252, Extension 2402.
2. Town Plans Examination Staff has advised that:
a. Structural changes, if any, must be in conformance with an approved
Building Permit for interior alterations; and
b. Existing interconnected floor space and commercial exhaust and fire
suppression systems are to be reviewed with respect to conformance
with the Ontario Building Code.
3. Halton Regional Health Department Staff has advised that:
a. The proposed food premise must meet the requirements of Ontario
Food Regulation 562; and
b. The private sewage disposal system should meet the requirements of
the Ontario Building Code and the Town of Milton’s Building
Department based on the planned use for this premises.
End of Notes
CARRIED
Town of Milton
Committee of Adjustment and Consent
VI.
Date: August 25, 2016
NEXT MEETING
Date: Thursday, September 15, 2016
VII.
Page 18 of 18
Time: 7:00 p.m.
Place: Council Chamber
ADJOURNMENT
There being no further business to discuss, the Committee of Adjustment
and Consent adjourned at 9:58 p.m.
ORIGINAL SIGNED BY:
“J. Yaworski”
J. Yaworski, Chair
ORIGINAL SIGNED BY:
“E.Cunningham”
E. Cunningham, Secretary-Treasurer