Committee of Adjustment Hearing
Thursday, February 4, 2016 at 7 p.m.
225 East Beaver Creek Road, Richmond Hill, ON
1st Floor (Council Chambers)
Call to Order
Disclosure of Pecuniary Interest
Requests for Adjournments/Withdrawals
New Applications
Other Business
Staff reports obtained online do not include hard copy information associated with the file (i.e. key maps,
additional correspondence received etc.). For a comprehensive report please contact Committee of Adjustment
Staff at 905-771-8820. Staff reports are subject to change.
A B047/15
Marc & Jessica Bombini
RCP 12003 Lot 139
165 Richmond Street
Town of Richmond Hill
TOTAL AREA
3,396.65 m2
36,561.24 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 16.59 metres (54.43 feet) by irregular, approximately
2,504.24 square metres (26,955.42 square feet) and retain a parcel of land approximately 19.83 metres (65.06 feet) by
irregular, approximately 892.41 square metres (9,605.82 square feet). The severed and retained lands will have frontage
onto Richmond Street and the existing single family dwelling, gazebo, wood building / frame shed are to remain.
B A115/15
Marc & Jessica Bombini
RCP 12003 Lot 139
165 Richmond Street
Town of Richmond Hill
To provide relief from the provisions of By-law 66-71, as amended, to permit an accessory use (frame shed / wood
building) without a primary use (principle residence) and increased maximum roof and wall heights for the existing
accessory structure on the severed lands to facilitate Consent Application B047/15.
Accessory Structure – Roof Height
Accessory Structure – Wall Height
By-Law
Requirement
3.60 m ( 11.81 ft)
2.44 m ( 8.00 ft)
Proposed
5.98 m ( 19.62 ft)
3.81 m ( 12.50 ft)
Difference
2.38 m ( 7.81 ft)
1.37 m ( 4.49 ft)
*Please note that subsequent to the public notice being circulated the requested variance to keep swimming pool on the severed land has been
removed by the applicant.
February 4, 2016
C A116/15
Page 2
Marc & Jessica Bombini
RCP 12003 Lot 139
165 Richmond Street
Town of Richmond Hill
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced minimum front yard setback and a
reduced minimum interior side yard setback (west) to top of second storey to accommodate the existing dwelling on the
retained lands to facilitate Consent Application B047/15.
Front Yard Setback
Minimum Sideyard Setback – West
(to top of 2nd storey)
By-Law
Requirement
9.10 m ( 29.86 ft)
Proposed
8.23 m ( 27.00 ft)
Difference
0.87 m ( 2.86 ft)
3.00 m ( 9.84 ft)
1.56 m ( 5.12 ft)
1.44 m ( 4.72 ft)
*Please note that subsequent to the public notice being circulated the requested variance for the westerly side yard setback to first storey (1.25
metres) has been removed by the applicant.
Applications B047/15, A115/15 & A116/15 will be dealt with concurrently.
D B048/15
Stargrove Holdings Inc. and Nicholas Fidei
Plan 2260 Pt Lot 28 RS65R15708 Part 1
172 Hillsview Drive
Town of Richmond Hill
TOTAL AREA
1,643.00 m2
17,685.10 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.13 metres (49.64 feet) by irregular, approximately
428.69 square metres (4,614.38 square feet) and retain a parcel of land approximately 44.38 metres (145.60 feet) by
irregular, approximately 1,214.31 square metres (13,070.72 square feet). Both the severed and retained lands will have
frontage onto Kirsten Street and the existing single family dwelling (including accessory structures) is to be demolished.
E B049/15
THE PROPOSAL:
Stargrove Holdings Inc. and Nicholas Fidei
Plan 2260 Pt Lot 28 RS65R15708 Part 1
172 Hillsview Drive
Town of Richmond Hill
TOTAL AREA
1,214.31 m2
13,070.72 ft2
To sever a parcel of land for residential purposes, approximately 16.10 metres (52.82 feet) by irregular, approximately
415.85 square metres (4,476.17 square feet) and retain a parcel of land approximately 28.28 metres (92.78 feet) by
irregular, approximately 798.46 square metres (8,594.55 square feet). The severed land will have frontage onto Kirsten
Street and the existing single family dwelling is to be demolished.
February 4, 2016
F B050/15
Page 3
Stargrove Holdings Inc. and Nicholas Fidei
Plan 2260 Pt Lot 28 RS65R15708 Part 1
172 Hillsview Drive
Town of Richmond Hill
TOTAL AREA
798.46 m2
8,594.55 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 16.10 metres (52.82 feet) by irregular, approximately
415.85 square metres (4,476.17 square feet) and retain a parcel of land approximately 16.69 metres (54.76 feet) by
irregular, approximately 382.61 square metres (4,118.49 square feet). The severed and retained lands will have frontage
onto Kirsten Street and the existing single family dwelling is to be demolished.
Applications B048/15, B049/15 & B050/15 will be dealt with concurrently.
G B052/15
Fortune Recycling Inc.
Plan 3852 Lot 3
30 Scott Drive
Town of Richmond Hill
TOTAL AREA
3,072.60 m2
33,073.19 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.24 metres (50.00 feet) by irregular, approximately
1454.56 square metres (15,656.75 square feet) and retain a parcel of land approximately 15.24 metres (50.00 feet) by
irregular, approximately 1513.16 square metres (16,287.52 square feet). The severed and retained lands will have
frontage onto Scott Drive and the existing single family dwelling is to be demolished.
H A098/15
Rodeo Homes Richmond Hill Inc., Francesco Mauro & Vincenzo Naccarato
Plan 3805 Pt Lots 27 and 28 RP 65R34666 Part 1 RP 65R35463 Parts 2 and 3
93 Duncan Road
Town of Richmond Hill
To provide relief from the provisions of By-law 255-96, as amended, to permit increased maximum lot coverage for Lots 113, inclusive (as shown on the applicant’s sketch submitted) to accommodate a proposed Plan of Subdivision (19T12006).
By-Law
Requirement
Proposed
Difference
Maximum Lot Coverage (Lots 1-13)
35.00 %
40.00 %
5.00 %
I A099/15
Kamran Rezaee
Plan 1930 E Pt Lot 79
35 Edgar Avenue
Town of Richmond Hill
To provide relief from the provisions of By-law 2523, as amended, to permit a reduced minimum interior side yard setback
(west) to accommodate the construction of a proposed two-storey single family dwelling. Relief is also being sought to
recognize the existing (deficient) lot frontage.
By-Law
Requirement
Proposed
Difference
Minimum Frontage
18.29 m ( 60.00 ft)
10.93 m ( 35.86 ft)
7.36 m ( 24.14 ft)
Minimum Sideyard Setback – West
1.52 m ( 5.00 ft)
1.22 m ( 4.00 ft)
0.30 m ( 1.00 ft)
February 4, 2016
J A102/15
Page 4
Marand Group Home Essentials Inc.
York Region Condo Plan 804
588 Edward Avenue
Town of Richmond Hill
To provide relief from the provisions of By-law 184-87, as amended, to permit a reduced minimum number of parking
spaces to accommodate a proposed office use in unit no. 52.
By-Law
Requirement
355 spaces
Minimum No. of Parking Spaces
K A106/15
Proposed
351 spaces
Difference
4 spaces
Anthony Cerundolo
RP 3659 Lot Pt Lts 15 & 17 65R-34145
34 Denham Drive
Town of Richmond Hill
To provide relief from the provisions of By-law 2523, as amended, to permit a reduced minimum front yard setback,
reduced minimum interior side yard setbacks (north and south) and increased maximum lot coverage to accommodate the
construction of a proposed two-storey dwelling.
Maximum Lot Coverage
Minimum Front Yard Setback
Minimum Sideyard Setback - North
Minimum Sideyard Setback - South
L A117/15
By-Law
Requirement
20.00 %
9.14 m ( 30.00 ft)
1.52 m ( 5.00 ft)
1.52 m ( 5.00 ft)
Proposed
26.40 %
8.69 m (28.51 ft)
1.22 m ( 4.00 ft)
1.21 m ( 3.97 ft)
Difference
6.40 %
0.45 m ( 1.49 ft)
0.30 m ( 1.00 ft)
0.31 m ( 1.03 ft)
Qian Zhou
Con 1 Pt Lot 46
60 Highland Lane
Town of Richmond Hill
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced minimum interior side yard setback
(north) to top of second storey, increased maximum gross floor area and increased maximum building height to
accommodate the construction of a proposed two-storey single family dwelling.
Maximum Gross Floor Area
Maximum Building Height
Minimum Sideyard Setback – North
(to top of second storey)
By-Law
Requirement
478.35 m2 ( 5,148.91 ft2)
8.50 m ( 27.89 ft)
Proposed
577.62 m2 ( 6,217.44 ft2)
8.74 m ( 28.67 ft)
Difference
99.27 m2 ( 1,068.53 ft2)
0.24 m ( 0.79 ft)
6.00 m ( 19.68 ft)
4.97 m ( 16.31 ft)
1.03 m ( 3.37 ft)
February 4, 2016
M A118/15
Page 5
Rstoria Fine Homes Inc.
Plan 202 Pt Lot 50 Part Aubrey Ave
34 George Street
Town of Richmond Hill
To provide relief from the provisions of By-law 1275, as amended, to recognize the existing (deficient) lot frontage and lot
area to accommodate the construction of a proposed two-storey single family dwelling.
Minimum Lot Area
Minimum Lot Frontage
N A119/15
By-Law
Requirement
929.03 m2 ( 10,000.00 ft2)
22.86 m ( 75.00 ft)
Proposed
697.11 m2 ( 7,503.62 ft2)
17.06 m ( 55.97 ft)
Difference
231.92 m2 ( 2,496.38 ft2)
5.80 m ( 19.03 ft)
Hien Thi Vu
Plan 5518 Lot 145
352 Skopit Road
Town of Richmond Hill
To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum interior side yard setbacks
(east and west), increased maximum lot coverage and increased maximum permitted encroachment into front and rear
yards (for stairs) to accommodate the construction of a proposed two-storey single family dwelling.
Maximum Lot Coverage
Minimum Sideyard Setback – East
Minimum Sideyard Setback – West
Maximum Encroachment – Front Yard (Stairs)
Maximum Encroachment – Rear Yard (Stairs)
O A120/15
By-Law
Requirement
30.00 %
1.83 m ( 6.00 ft)
1.83 m ( 6.00 ft)
2.44 m ( 8.00 ft)
2.44 m ( 8.00 ft)
Proposed
38.40 %
1.55 m ( 5.09 ft)
1.52 m ( 5.00 ft)
3.39 m ( 11.12 ft)
3.99 m ( 13.09 ft)
Difference
8.40 %
0.28 m ( 0.91 ft)
0.31 m ( 1.00 ft)
0.95 m ( 3.12 ft)
1.55 m ( 5.09 ft)
1145666 Ontario Inc.
Plan 5457 Lot 49
71 Sussex Avenue
Town of Richmond Hill
To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum interior side yard setbacks
(north and south) and increased maximum building height to accommodate the construction of a proposed addition to the
existing bungalow and garage.
Maximum Building Height
Minimum Sideyard Setback - North
Minimum Sideyard Setback – South
OTHER BUSINESS
By-Law
Requirement
10.66m ( 35.00 ft)
1.83 m ( 6.00 ft)
1.83 m ( 6.00 ft)
Proposed
11.67 m ( 38.29 ft)
1.23 m ( 4.04 ft)
1.24 m ( 4.07 ft)
Difference
1.01 m ( 3.29 ft)
0.60 m ( 1.96 ft)
0.59 m ( 1.93 ft)
February 4, 2016
Page 6
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B047/15
DATE:
DECEMBER 17, 2015
NAME OF OWNER:
MARC & JESSICA BOMBINI
NAME OF AGENT:
UNIVATIVE DESIGNS INC. (MATJAZ SKUBE)
A
RELATED FILES: A115/15 & A116/15
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
RCP 12003 Lot 139
165 Richmond Street
Town of Richmond Hill
TOTAL AREA
3,396.65 m2
36,561.24 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 16.59 metres (54.43 feet) by irregular, approximately
2,504.24 square metres (26,955.42 square feet) and retain a parcel of land approximately 19.83 metres (65.06 feet) by
irregular, approximately 892.41 square metres (9,605.82 square feet). The severed and retained lands will have frontage
onto Richmond Street and the existing single family dwelling, gazebo, wood building / frame shed are to remain.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Height:
Accessory Structure (Roof Height):
Accessory Structure (Wall Height):
Neighbourhood
R2
66-71, as amended
15.24 metres (50 feet)
464.52 square metres (5000 square feet)
9.10 metres (29.86 feet)
1.50 metres (4.92 feet) to top of first storey
3.00 metres (9.84 feet) to top of second storey
7.62 metres (25 feet)
8.5 metres (27.89 feet)
3.60 metres (11.81 feet)
2.44 metres (8 feet)
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.
February 4, 2016
Page 7
SITE CONDITIONS:
The subject lands currently support one single detached dwelling, an accessory building and a pool.
ADJACENT LAND CONDITIONS:
North: Residential
South: Richmond Street
East:
Residential
West: Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage in accordance with Planning Act requirements on January 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following comments:
•
Subject to the approval of concurrent Minor Variance Applications A115/15 and A116/15.
Planning & Regulatory Services - Planning:
The subject lands current support one single detached dwelling, an accessory building and a pool. The applicant wishes
to sever the subject lands into two lots with frontage onto Richmond Street. The existing dwelling is proposed to remain on
the retained lands, and the accessory building and pool would be part of the severed lands.
The applicable Zoning By-law does not permit an accessory building or pool to exist on the subject lands without having a
primary residence on the same lot, and the applicant will require a Minor Variance to recognize this. The applicant had
originally requested permission to keep the pool on the severed lands, however it should be noted that due to significant
concerns by staff, this request has been removed. In addition to keeping the existing accessory building, the building itself
will require relief to recognize the existing roof height and wall height. The permitted roof height for an accessory building
is 3.60 metres (11.81 feet), and the applicant is requesting to recognize an existing roof height of 5.98 metres (19.62 feet).
The permitted wall height for an accessory building is 2.44 metres (8.00 feet), whereas the applicant is requesting to
recognize an existing wall height of 3.81 metres (12.50 feet). Given that this is an existing building and it is located a
significant distance from any lot lines, staff has no objections to the variances related to the accessory building.
The existing dwelling which is to remain on the retained lands will require relief from the Zoning By-law to recognize the
existing front yard setback. The Zoning By-law requires 9.10 metres (29.86 feet), whereas the existing front yard setback
is 8.23 metres (27 feet). Additionally, the future west lot line resulting from the proposed consent will create a deficient
west side yard setback to the top of the second storey due to the location of the existing dwelling. It is the opinion of staff
that the resulting setback of 1.56 metres (5.12 feet) to the top of the second storey is appropriate. The applicant has
advised that the variance for the west side yard setback to the first storey (1.25 metres) is no longer required due as a
portion of the building (one-storey shed) has been removed.
Staff has reviewed the proposal and has no issues with the proposed consent, the requested variances relating to the
existing accessory building, or the requested variances relating to the setbacks of the existing dwelling. Staff therefore
recommends approval of the subject application.
February 4, 2016
Page 8
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
The Development Engineering Section has reviewed the subject application and based on the materials submitted and
our finding, we have no concerns or objections, at this time.
Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and
revision (if required) as part of the Building Permit Application process, and adherence to the Town’s Lot grading
standards.
1. CONVEYANCE OF LANDS CONDITION
That the Applicant convey to the Town, free of all costs, objects, structures, and encumbrances, the necessary road
widening, determined by a legal survey, to establish:
•
•
A road widening of 3 metres through the frontage of the property abutting on the existing right-of-way being
Richmond Street.
Scoped Phase 1 EA will be required.
That the Applicant prepares and deposit a reference plan detailing the road widening and or the daylighting triangle,
following the Town’s review and acceptance of same. The applicant’s surveyor must submit draft reference plans for
Town review prior to deposition, to the attention of Mr. Erik Loorand, Project Coordinator, Development Engineering
Division, at (905) 747-6357.
2. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
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."
February 4, 2016
Page 9
(e) decommission (fill in) the swimming pool. The applicant shall ensure that decommissioning of the swimming pool and
any subsequent compaction of fill will not impose any loads on adjoining buildings or structures and/or neighbouring
properties. The site of the swimming pool must be filled so as to restore the site to the ground level (existing) adjacent
to the pool, taking into account any sloping of the site. Holes must be punched through the bottom of a hard shell at
the lowest point and/or the flexible liner for framed pools must be removed to provide for adequate drainage and
prevent saturation and contamination of the backfill material. The fill must be compacted, and any piping or similar
material must be removed from the site before the swimming pool is filled. Only clean non-toxic sand, fill or gravel
must be used to backfill the pool. Once the swimming pool is decommissioned, the applicant must notify the Grading
Technologist and submit proof in the form of pictures that the swimming pool has been appropriately
decommissioned.
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same
trench) + HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
4. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
February 4, 2016
Page 10
Planning & Regulatory Services - Parks & Natural Heritage:
Comments to the committee:
Parks staff has no objection to the severance.
Comments for the applicant for future reference:
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.
Future development applications will require a Tree Inventory and Protection Plan. The subject property and adjacent
lands contain many mature trees that warrant consideration in the design process, including a Town owned Black Walnut
in the road allowance. Future plans, including driveway removal and construction of new driveways for the severed and
retained lot will require input from an arborist.
Please consult Town of Richmond Hill Guidelines, including Fact Sheet 5.0 – Guidelines for Construction Near Trees for
more information on this matter.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
No response.
Corporate & Financial Services:
1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made
aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the
Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement
acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of
notice. Further the applicant shall be required to pay the sum of $112.00 to reimburse the Town for the cost of
registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the
above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The
Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department).
2. Payment of all current and outstanding taxes to date of consent.
3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit
issuance. Water meter and tree charges are also applicable at that time.
4. The Town will require land to be conveyed for park or other public recreation purposes or at the option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given
or cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within
four years from the date of demolition.)
5. Development Charges will also be applicable on the retained lands prior to building permit issuance unless the
finance and administration department receives documentation that levies were paid on these lands, or that an
existing structure is to be demolished. (must build within four years from the date of demolition.)
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached).
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
February 4, 2016
Page 11
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Please be advised that the subject property is located outside of MTO’s Permit Control Area.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
A115/15 – Concurrent Application.
A116/15 – Concurrent Application.
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES DEPARTMENT – DEVELOPMENT ENGINEERING SECTION:
1. CONVEYANCE OF LANDS CONDITION
That the Applicant convey to the Town, free of all costs, objects, structures, and encumbrances, the necessary road
widening, determined by a legal survey, to establish:
•
•
A road widening of 3 metres through the frontage of the property abutting on the existing right-of-way being
Richmond Street.
Scoped Phase 1 EA will be required.
That the Applicant prepares and deposit a reference plan detailing the road widening and or the daylighting triangle,
following the Town’s review and acceptance of same. The applicant’s surveyor must submit draft reference plans for
Town review prior to deposition, to the attention of Mr. Erik Loorand, Project Coordinator, Development Engineering
Division, at (905) 747-6357.
2. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
February 4, 2016
Page 12
(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."
(e) decommission (fill in) the swimming pool. The applicant shall ensure that decommissioning of the swimming pool and
any subsequent compaction of fill will not impose any loads on adjoining buildings or structures and/or neighbouring
properties. The site of the swimming pool must be filled so as to restore the site to the ground level (existing) adjacent
to the pool, taking into account any sloping of the site. Holes must be punched through the bottom of a hard shell at
the lowest point and/or the flexible liner for framed pools must be removed to provide for adequate drainage and
prevent saturation and contamination of the backfill material. The fill must be compacted, and any piping or similar
material must be removed from the site before the swimming pool is filled. Only clean non-toxic sand, fill or gravel
must be used to backfill the pool. Once the swimming pool is decommissioned, the applicant must notify the Grading
Technologist and submit proof in the form of pictures that the swimming pool has been appropriately
decommissioned.
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same
trench) + HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
February 4, 2016
Page 13
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
4. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
CORPORATE AND FINANCIAL SERVICES:
5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for
park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land,
pursuant to Section 42 of the Planning Act, prior to the issuance of a building permit. Such agreement must be
registered on title to the SEVERED PARCEL for the purpose of notice. Further, the applicant shall be required to pay
the sum of $112.00 to reimburse the Town for the cost of registration of the agreement (please contact the Legal
Department). (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any
cash-in-lieu owing under Section 42, at an earlier date. The applicant (owner) may determine the amount of cash-inlieu required by contacting the Finance Department.).
6. Payment of all current and outstanding taxes to date of consent.
COMMITTEE OF ADJUSTMENT:
7. That Minor Variance Applications A115/15 and A116/15 be approved at the same time as the Consent Application
and become final and binding.
8. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
9. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms
substantially with the application as submitted.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
Please note that the Town, Regional and Educational development charges are payable prior to building permit issuance.
Water meter and tree charges are also applicable at that time.
The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given or
cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within four
years from the date of demolition).
February 4, 2016
Page 14
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished.
(Must build within four years from the date of the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 15
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A115/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
MARC & JESSICA BOMBINI
NAME OF AGENT:
UNIVATIVE DESIGNS INC. (MATJAZ SKUBE)
B
RELATED FILES: B047/15 & A116/15
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
RCP 12003 Lot 139
165 Richmond Street
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 66-71, as amended, to permit an accessory use
(frame shed / wood building) without a primary use (principle residence) and increased maximum
roof and wall heights for the existing accessory structure on the severed lands to facilitate
Consent Application B047/15.
By-Law
Requirement
Proposed
Difference
Accessory Structure – Roof Height
3.60 m ( 11.81 ft)
5.98 m ( 19.62 ft)
2.38 m ( 7.81 ft)
Accessory Structure – Wall Height
2.44 m ( 8.00 ft)
3.81 m ( 12.50 ft)
1.37 m ( 4.49 ft)
*Please note that subsequent to the public notice being circulated the requested variance to keep swimming pool on the
severed land has been removed by the applicant.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Height:
Accessory Structure (Roof Height):
Accessory Structure (Wall Height):
Neighbourhood
R2
66-71, as amended
15.24 metres (50 feet)
464.52 square metres (5000 square feet)
9.10 metres (29.86 feet)
1.50 metres (4.92 feet) to top of first storey
3.00 metres (9.84 feet) to top of second storey
7.62 metres (25 feet)
8.5 metres (27.89 feet)
3.60 metres (11.81 feet)
2.44 metres (8 feet)
February 4, 2016
Page 16
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands currently support one single detached dwelling, an accessory building and a pool.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Richmond Street
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage in accordance with Planning Act requirements on January 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct, subject to the comments below:
• Applicant to provide confirmation that the swimming pool has been removed to the satisfaction of Engineering
staff.
Planning & Regulatory Services - Planning:
The subject lands current support one single detached dwelling, an accessory building and a pool. The applicant wishes
to sever the subject lands into two lots with frontage onto Richmond Street. The existing dwelling is proposed to remain on
the retained lands, and the accessory building and pool would be part of the severed lands.
The applicable Zoning By-law does not permit an accessory building or pool to exist on the subject lands without having a
primary residence on the same lot, and the applicant will require a Minor Variance to recognize this. The applicant had
originally requested permission to keep the pool on the severed lands, however it should be noted that due to significant
concerns by staff, this request has been removed. In addition to keeping the existing accessory building, the building itself
will require relief to recognize the existing roof height and wall height. The permitted roof height for an accessory building
is 3.60 metres (11.81 feet), and the applicant is requesting to recognize an existing roof height of 5.98 metres (19.62 feet).
The permitted wall height for an accessory building is 2.44 metres (8.00 feet), whereas the applicant is requesting to
recognize an existing wall height of 3.81 metres (12.50 feet). Given that this is an existing building and it is located a
significant distance from any lot lines, staff has no objections to the variances related to the accessory building.
The existing dwelling which is to remain on the retained lands will require relief from the Zoning By-law to recognize the
existing front yard setback. The Zoning By-law requires 9.10 metres (29.86 feet), whereas the existing front yard setback
is 8.23 metres (27 feet). Additionally, the future west lot line resulting from the proposed consent will create a deficient
west side yard setback to the top of the second storey due to the location of the existing dwelling. It is the opinion of staff
that the resulting setback of 1.56 metres (5.12 feet) to the top of the second storey is appropriate. The applicant has
advised that the variance for the west side yard setback to the first storey (1.25 metres) is no longer required due as a
portion of the building (one-storey shed) has been removed.
February 4, 2016
Page 17
Staff has reviewed the proposal and has no issues with the proposed consent, the requested variances relating to the
existing accessory building, or the requested variances relating to the setbacks of the existing dwelling. Staff therefore
recommends approval of the subject application.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application.
Please note that 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. Future development applications may require a Tree Inventory and Protection Plan be submitted. Future
plans shall accommodate protection of existing trees, establish a tree protection zone, and/or provide for tree
replacement. Please consult Town of Richmond Hill Guidelines, including Fact Sheet 5.0 – Guidelines for Construction
Near Trees for more information on this matter.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
No response.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
No comments (see attached correspondence).
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
B047/15 – Concurrent Application.
A116/15 – Concurrent Application.
February 4, 2016
Page 18
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
3. That Consent Applications B047/15 receive final certification of the Secretary-Treasurer and be registered on title.
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 19
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A116/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
MARC & JESSICA BOMBINI
NAME OF AGENT:
UNIVATIVE DESIGNS INC. (MATJAZ SKUBE)
C
RELATED FILES: B047/15 & A115/15
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
RCP 12003 Lot 139
165 Richmond Street
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced minimum
front yard setback and a reduced minimum interior side yard setback (west) to top of second
storey to accommodate the existing dwelling on the retained lands to facilitate Consent
Application B047/15.
Front Yard Setback
Minimum Sideyard Setback – West
(to top of 2nd storey)
By-Law
Requirement
9.10 m ( 29.86 ft)
Proposed
8.23 m ( 27.00 ft)
Difference
0.87 m ( 2.86 ft)
3.00 m ( 9.84 ft)
1.56 m ( 5.12 ft)
1.44 m ( 4.72 ft)
*Please note that subsequent to the public notice being circulated the requested variance for the westerly side yard setback to first storey (1.25
metres) has been removed by the applicant.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Height:
Accessory Structure (Roof Height):
Accessory Structure (Wall Height):
Neighbourhood
R2
66-71, as amended
15.24 metres (50 feet)
464.52 square metres (5000 square feet)
9.10 metres (29.86 feet)
1.50 metres (4.92 feet) to top of first storey
3.00 metres (9.84 feet) to top of second storey
7.62 metres (25 feet)
8.5 metres (27.89 feet)
3.60 metres (11.81 feet)
2.44 metres (8 feet)
February 4, 2016
Page 20
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands currently support one single detached dwelling, an accessory building and a pool.
ADJACENT LAND CONDITIONS:
North:
Residential
South:
Richmond Street
East:
Residential
West:
Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage in accordance with Planning Act requirements on January 26, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The subject lands current support one single detached dwelling, an accessory building and a pool. The applicant wishes
to sever the subject lands into two lots with frontage onto Richmond Street. The existing dwelling is proposed to remain on
the retained lands, and the accessory building and pool would be part of the severed lands.
The applicable Zoning By-law does not permit an accessory building or pool to exist on the subject lands without having a
primary residence on the same lot, and the applicant will require a Minor Variance to recognize this. The applicant had
originally requested permission to keep the pool on the severed lands, however it should be noted that due to significant
concerns by staff, this request has been removed. In addition to keeping the existing accessory building, the building itself
will require relief to recognize the existing roof height and wall height. The permitted roof height for an accessory building
is 3.60 metres (11.81 feet), and the applicant is requesting to recognize an existing roof height of 5.98 metres (19.62 feet).
The permitted wall height for an accessory building is 2.44 metres (8.00 feet), whereas the applicant is requesting to
recognize an existing wall height of 3.81 metres (12.50 feet). Given that this is an existing building and it is located a
significant distance from any lot lines, staff has no objections to the variances related to the accessory building.
The existing dwelling which is to remain on the retained lands will require relief from the Zoning By-law to recognize the
existing front yard setback. The Zoning By-law requires 9.10 metres (29.86 feet), whereas the existing front yard setback
is 8.23 metres (27 feet). Additionally, the future west lot line resulting from the proposed consent will create a deficient
west side yard setback to the top of the second storey due to the location of the existing dwelling. It is the opinion of staff
that the resulting setback of 1.56 metres (5.12 feet) to the top of the second storey is appropriate. The applicant has
advised that the variance for the west side yard setback to the first storey (1.25 metres) is no longer required due as a
portion of the building (one-storey shed) has been removed.
February 4, 2016
Page 21
Staff has reviewed the proposal and has no issues with the proposed consent, the requested variances relating to the
existing accessory building, or the requested variances relating to the setbacks of the existing dwelling. Staff therefore
recommends approval of the subject application.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application.
For the applicant - Please note that 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. Future development applications may require a Tree Inventory and Protection Plan be submitted.
Future plans, i.e. remove of the existing driveway and construction of a new driveway, should accommodate protection of
existing trees, establish a tree protection zone, and/or provide for tree replacement. Please consult Town of Richmond
Hill Guidelines, including Fact Sheet 5.0 – Guidelines for Construction Near Trees for more information on this matter.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
No response.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
No comments (see attached correspondence).
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
B047/15 – Concurrent Application.
A115/15 – Concurrent Application.
February 4, 2016
Page 22
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
3. That Consent Applications B047/15 receive final certification of the Secretary-Treasurer and be registered on title.
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 23
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B048/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
STARGROVE HOLDINGS INC. & NICHOLAS FIDEI
NAME OF AGENT:
MATTHEW CREADOR
D
RELATED FILES: B049/15 & B050/15
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
Plan 2260 Pt Lot 28 RS65R15708 Part 1
172 Hillsview Drive
Town of Richmond Hill
TOTAL AREA
1,643.00 m2
17,685.10 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.13 metres (49.64 feet) by irregular, approximately
428.69 square metres (4,614.38 square feet) and retain a parcel of land approximately 44.38 metres (145.60 feet) by
irregular, approximately 1,214.31 square metres (13,070.72 square feet). Both the severed and retained lands will have
frontage onto Kirsten Street and the existing single family dwelling (including accessory structures) is to be demolished.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
“Residential Wide Shallow One (RWS1) Zone”
278-96, as amended
ZONING PROVISIONS:
Minimum Lot Frontage (Interior):
Minimum Lot Frontage (Corner):
Minimum Lot Area (Interior):
Minimum Lot Area (Corner):
13.5 metres (44.29 feet)
14.7 metres (48.23 feet)
310 square metres (3336.81 square feet)
345 square metres (3713.55 square feet)
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided
for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable
zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands currently support one single detached dwelling.
ADJACENT LAND CONDITIONS:
North: Residential
South: Hillsview Drive
East: Residential
West: Kirsten Street
February 4, 2016
Page 24
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on December 21, 2015.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following to be added as a condition of consent:
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 the single family dwelling and accessory 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 the single family dwelling and accessory structures and remove all debris to his
satisfaction.
Planning & Regulatory Services - Planning:
The subject lands have recently been rezoned to “Residential Wide Shallow One (RWS1) Zone” under Zoning By-law 27896, as amended (Town File No. D02-15002).
It should be noted that the intent of the approved Zoning By-law Amendment was to facilitate future severances to create
three (3) additional building lots, for a total of four (4) lots, fronting onto Kirsten Street. Staff notes that the Zoning By-law
Amendment (Zoning By-law No. 102-15) is now in full force and effect. The proposal was reviewed in detail by staff
through the Zoning By-law Amendment application process and was approved by Council on October 5, 2015.
The purpose of proposed Consent applications B048/15, B049/15 and B050/15 is to sever the lot into a total of four (4)
lots as per the approved Zoning By-law Amendment application. Staff notes that the proposed lots conform to the new
Zone Category assigned to the lands and therefore has no issues or objections to the proposal.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
The Development Engineering Section has reviewed the subject application and based on the materials submitted and
our finding, we have no concerns or objections, at this time.
Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and
revision (if required) as part of the Building Permit Application process, and adherence to the Town’s Lot grading
standards.
February 4, 2016
Page 25
1. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance
or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same
trench) + HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
February 4, 2016
Page 26
3. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
Planning & Regulatory Services - Parks & Natural Heritage:
No comments.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made
aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the
Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement
acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of
notice. Further the applicant shall be required to pay the sum of $112.00 to reimburse the Town for the cost of
registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the
above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The
Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department).
2. Payment of all current and outstanding taxes to date of consent.
3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit
issuance. Water meter and tree charges are also applicable at that time.
4. Other Comments: Related files: B049/15 & B050/15.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached).
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
February 4, 2016
Page 27
Previous / Concurrent Applications for the Subject Lands:
B049/15 – Concurrent Application.
B050/15 – Concurrent Application.
B112/87 – New Lot – Approved.
B105/89 – New Lot – Closed.
B051/91 – New Lot – Approved – Certificate Issued on June 16, 1992.
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES DEPARTMENT – REGULATORY SERVICES – ZONING SECTION:
1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to
Demolition Control By-law No. 15-90 and that the Owner demolish the single family dwelling and accessory 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 the single family dwelling and accessory structures and remove
all debris to his satisfaction.
2. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance
or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
February 4, 2016
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
Page 28
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same
trench + HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
4. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
CORPORATE AND FINANCIAL SERVICES:
5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for
park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land,
pursuant to Section 42 of the Planning Act, prior to the issuance of a building permit. Such agreement must be
registered on title to the SEVERED PARCEL for the purpose of notice. Further, the applicant shall be required to pay
the sum of $112.00 to reimburse the Town for the cost of registration of the agreement (please contact the Legal
Department). (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any
cash-in-lieu owing under Section 42, at an earlier date. The applicant (owner) may determine the amount of cash-inlieu required by contacting the Finance Department.).
6. Payment of all current and outstanding taxes to date of consent.
COMMITTEE OF ADJUSTMENT:
7. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
8. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms
substantially with the application as submitted.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
February 4, 2016
Page 29
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
Please note that the Town, Regional and Educational development charges are payable prior to building permit issuance.
Water meter and tree charges are also applicable at that time.
The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given or
cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within four
years from the date of demolition).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished.
(Must build within four years from the date of the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 30
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B049/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
STARGROVE HOLDINGS INC. & NICHOLAS FIDEI
NAME OF AGENT:
MATTHEW CREADOR
E
RELATED FILES: B048/15 & B050/15
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
Plan 2260 Pt Lot 28 RS65R15708 Part 1
172 Hillsview Drive
Town of Richmond Hill
TOTAL AREA
1,214.31 m2
13,070.72 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 16.10 metres (52.82 feet) by irregular, approximately
415.85 square metres (4,476.17 square feet) and retain a parcel of land approximately 28.28 metres (92.78 feet) by
irregular, approximately 798.46 square metres (8,594.55 square feet). The severed land will have frontage onto Kirsten
Street and the existing single family dwelling is to be demolished.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
“Residential Wide Shallow One (RWS1) Zone”
278-96, as amended
ZONING PROVISIONS:
Minimum Lot Frontage (Interior):
Minimum Lot Frontage (Corner):
Minimum Lot Area (Interior):
Minimum Lot Area (Corner):
13.5 metres (44.29 feet)
14.7 metres (48.23 feet)
310 square metres (3336.81 square feet)
345 square metres (3713.55 square feet)
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided
for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable
zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands currently support one single detached dwelling.
ADJACENT LAND CONDITIONS:
North: Residential
South: Hillsview Drive
East: Residential
West: Kirsten Street
February 4, 2016
Page 31
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on December 21, 2015.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following to be added as a condition of consent:
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 the single family dwelling and accessory 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 the single family dwelling and accessory structures and remove all debris to his
satisfaction.
Planning & Regulatory Services - Planning:
The subject lands have recently been rezoned to “Residential Wide Shallow One (RWS1) Zone” under Zoning By-law 27896, as amended (Town File No. D02-15002).
It should be noted that the intent of the approved Zoning By-law Amendment was to facilitate future severances to create
three (3) additional building lots, for a total of four (4) lots, fronting onto Kirsten Street. Staff notes that the Zoning By-law
Amendment (Zoning By-law No. 102-15) is now in full force and effect. The proposal was reviewed in detail by staff
through the Zoning By-law Amendment application process and was approved by Council on October 5, 2015.
The purpose of proposed Consent applications B048/15, B049/15 and B050/15 is to sever the lot into a total of four (4)
lots as per the approved Zoning By-law Amendment application. Staff notes that the proposed lots conform to the new
Zone Category assigned to the lands and therefore has no issues or objections to the proposal.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
The Development Engineering Section has reviewed the subject application and based on the materials submitted and
our finding, we have no concerns or objections, at this time.
Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and
revision (if required) as part of the Building Permit Application process, and adherence to the Town’s Lot grading
standards.
February 4, 2016
Page 32
1. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance
or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same
trench) + HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
February 4, 2016
Page 33
3. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
Planning & Regulatory Services - Parks & Natural Heritage:
No comments.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made
aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the
Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement
acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of
notice. Further the applicant shall be required to pay the sum of $112.00 to reimburse the Town for the cost of
registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the
above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The
Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department).
2. Payment of all current and outstanding taxes to date of consent.
3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit
issuance. Water meter and tree charges are also applicable at that time.
4. Other Comments: Related files: B048/15 & B050/15.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached).
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
February 4, 2016
Page 34
Previous / Concurrent Applications for the Subject Lands:
B048/15 – Concurrent Application.
B050/15 – Concurrent Application.
B112/87 – New Lot – Approved.
B105/89 – New Lot – Closed.
B051/91 – New Lot – Approved – Certificate Issued on June 16, 1992.
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES DEPARTMENT – REGULATORY SERVICES – ZONING SECTION:
1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to
Demolition Control By-law No. 15-90 and that the Owner demolish the single family dwelling and accessory 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 the single family dwelling and accessory structures and remove
all debris to his satisfaction.
2. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance
or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
February 4, 2016
Page 35
3. 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 anytime without notice:
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 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
4. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
CORPORATE AND FINANCIAL SERVICES:
5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for
park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land,
pursuant to Section 42 of the Planning Act, prior to the issuance of a building permit. Such agreement must be
registered on title to the SEVERED PARCEL for the purpose of notice. Further, the applicant shall be required to pay
the sum of $112.00 to reimburse the Town for the cost of registration of the agreement (please contact the Legal
Department). (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any
cash-in-lieu owing under Section 42, at an earlier date. The applicant (owner) may determine the amount of cash-inlieu required by contacting the Finance Department.).
6. Payment of all current and outstanding taxes to date of consent.
COMMITTEE OF ADJUSTMENT:
7. That Consent Application B048/15 receive final certification of the Secretary-Treasurer and be registered on title.
8. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
9. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms
substantially with the application as submitted.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
February 4, 2016
Page 36
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
Please note that the Town, Regional and Educational development charges are payable prior to building permit issuance.
Water meter and tree charges are also applicable at that time.
The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given or
cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within four
years from the date of demolition).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished.
(Must build within four years from the date of the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 37
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B050/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
STARGROVE HOLDINGS INC. & NICHOLAS FIDEI
NAME OF AGENT:
MATTHEW CREADOR
F
RELATED FILES: B048/15 & B049/15
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
Plan 2260 Pt Lot 28 RS65R15708 Part 1
172 Hillsview Drive
Town of Richmond Hill
TOTAL AREA
798.46 m2
8,594.55 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 16.10 metres (52.82 feet) by irregular, approximately
415.85 square metres (4,476.17 square feet) and retain a parcel of land approximately 16.69 metres (54.76 feet) by
irregular, approximately 382.61 square metres (4,118.49 square feet). The severed and retained lands will have frontage
onto Kirsten Street and the existing single family dwelling is to be demolished.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
“Residential Wide Shallow One (RWS1) Zone”
278-96, as amended
ZONING PROVISIONS:
Minimum Lot Frontage (Interior):
Minimum Lot Frontage (Corner):
Minimum Lot Area (Interior):
Minimum Lot Area (Corner):
13.5 metres (44.29 feet)
14.7 metres (48.23 feet)
310 square metres (3336.81 square feet)
345 square metres (3713.55 square feet)
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided
for the reference of the Members of the Committee of Adjustment. Full compliance with all applicable
zoning standards is the responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands currently support one single detached dwelling.
ADJACENT LAND CONDITIONS:
North: Residential
South: Hillsview Drive
East: Residential
West: Kirsten Street
February 4, 2016
Page 38
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on December 21, 2015.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following to be added as a condition of consent:
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 the single family dwelling and accessory 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 the single family dwelling and accessory structures and remove all debris to his
satisfaction.
Planning & Regulatory Services - Planning:
The subject lands have recently been rezoned to “Residential Wide Shallow One (RWS1) Zone” under Zoning By-law 27896, as amended (Town File No. D02-15002).
It should be noted that the intent of the approved Zoning By-law Amendment was to facilitate future severances to create
three (3) additional building lots, for a total of four (4) lots, fronting onto Kirsten Street. Staff notes that the Zoning By-law
Amendment (Zoning By-law No. 102-15) is now in full force and effect. The proposal was reviewed in detail by staff
through the Zoning By-law Amendment application process and was approved by Council on October 5, 2015.
The purpose of proposed Consent applications B048/15, B049/15 and B050/15 is to sever the lot into a total of four (4)
lots as per the approved Zoning By-law Amendment application. Staff notes that the proposed lots conform to the new
Zone Category assigned to the lands and therefore has no issues or objections to the proposal.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
The Development Engineering Section has reviewed the subject application and based on the materials submitted and
our finding, we have no concerns or objections, at this time.
Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and
revision (if required) as part of the Building Permit Application process, and adherence to the Town’s Lot grading
standards.
February 4, 2016
Page 39
1. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance
or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
2. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same
trench) + HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
February 4, 2016
Page 40
3. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
Planning & Regulatory Services - Parks & Natural Heritage:
No comments.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made
aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the
Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement
acknowledging the forgoing, which agreement must be registered on title to the retained parcel for the purpose of
notice. Further the applicant shall be required to pay the sum of $112.00 to reimburse the Town for the cost of
registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the
above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The
Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department).
2. Payment of all current and outstanding taxes to date of consent.
3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit
issuance. Water meter and tree charges are also applicable at that time, on the retained lands.
4. The Town will require land to be conveyed for park or other public recreation purposes or at the option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the severed lands unless the Finance Department receives documentation that parkland was given
or cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within
four years from the date of demolition.)
5. Development Charges will also be applicable on the severed lands prior to building permit issuance unless the
finance and administration department receives documentation that levies were paid on these lands, or that an
existing structure is to be demolished. (must build within four years from the date of demolition.)
6. Other Comments: Related files: B048/15 & B049/15.
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached).
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
February 4, 2016
Page 41
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
B048/15 – Concurrent Application.
B049/15 – Concurrent Application.
B112/87 – New Lot – Approved.
B105/89 – New Lot – Closed.
B051/91 – New Lot – Approved – Certificate Issued on June 16, 1992.
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES DEPARTMENT – REGULATORY SERVICES – ZONING SECTION:
1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to
Demolition Control By-law No. 15-90 and that the Owner demolish the single family dwelling and accessory 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 the single family dwelling and accessory structures and remove
all debris to his satisfaction.
2. GRADING CONDITION
"That the applicant:
(a) submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance
or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
$ 412.00 + HST
Agreement Preparation
$ 495.00 or $2,500.00 + HST
Registration/Admin.
$ 115.00
Install Catchbasin
$ 7,087.20 + HST
Survey Layout
$ 676.30 + HST
C.C.T.V. Scan ($648.00 + HST) x 2
$ 1,296.00 + HST
Install 250 mm Catchbasin Lead
$ 1,260.00 per metre + HST
Install Cleanout
$ 1,890.00 + HST
Decommission Catchbasin
$ 2,362.80 + HST
February 4, 2016
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
Page 42
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same
trench) + HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
4. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
CORPORATE AND FINANCIAL SERVICES:
5. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for
park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land,
pursuant to Section 42 of the Planning Act, prior to the issuance of a building permit. Such agreement must be
registered on title to the RETAINED PARCEL for the purpose of notice. Further, the applicant shall be required to pay
the sum of $112.00 to reimburse the Town for the cost of registration of the agreement (please contact the Legal
Department). (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any
cash-in-lieu owing under Section 42, at an earlier date. The applicant (owner) may determine the amount of cash-inlieu required by contacting the Finance Department.).
6. Payment of all current and outstanding taxes to date of consent.
COMMITTEE OF ADJUSTMENT:
7. That Consent Application B049/15 receive final certification of the Secretary-Treasurer and be registered on title.
8. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
9. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms
substantially with the application as submitted.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
February 4, 2016
Page 43
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
Please note that the Town, Regional and Educational development charges are payable prior to building permit issuance.
Water meter and tree charges are also applicable at that time.
The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given or
cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within four
years from the date of demolition).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished.
(Must build within four years from the date of the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 44
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
CONSENT STAFF REPORT
APPLICATION:
B052/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
FORTUNE RECYCLING INC.
NAME OF AGENT:
RAYMOND FLOYD
G
STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990
THE PROPERTY:
Plan 3852 Lot 3
30 Scott Drive
Town of Richmond Hill
TOTAL AREA
3,072.60 m2
33,073.19 ft2
THE PROPOSAL:
To sever a parcel of land for residential purposes, approximately 15.24 metres (50.00 feet) by irregular, approximately
1,454.56 square metres (15,656.75 square feet) and retain a parcel of land approximately 15.24 metres (50.00 feet) by
irregular, approximately 1,513.16 square metres (16,287.52 square feet). The severed and retained lands will have
frontage onto Scott Drive and the existing single family dwelling is to be demolished.
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Third Density Residential (R3) Zone
By-law No. 2523, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Height:
50.0 feet (15.24 metres)
6,000.0 square feet (557.4 square metres)
30.0 feet (9.14 metres)
5.0 feet (1.52 metres)
25.0 feet (7.62 metres)
30%
35.0 feet (10/67 metres)
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 contain an existing single detached dwelling.
February 4, 2016
Page 45
ADJACENT LAND CONDITIONS:
North: Existing residential
South: Scott Drive and existing residential
East:
Existing residential
West: Existing residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on January 20, 2016.
Planning & Regulatory Services - Building/Zoning:
The proposed consent application will not create areas of noncompliance with respect to the Zoning By-law, subject to the
following comments:
That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to
Demolition Control By-law No. 15-90 and that the Owner demolish all buildings and/or structures and remove all debris to
the satisfaction of the Chief Building Official or; that the Owner make arrangements satisfactory to the Chief Building
Official to demolish all buildings and/or structures and remove all debris to his satisfaction.
Planning & Regulatory Services - Planning:
The applicant proposes to subdivide the subject lands into two parcels with the westerly parcel having a frontage of 15.24
metres and an area of 1,513.16 square metres and the easterly parcel having a frontage of 15.24 metres and an area of
1,454.56 square metres. It is proposed that the existing dwelling will be demolished to facilitate the lot severance.
Staff has reviewed the applicant’s development proposal and would note that the lands are identified within a priority infill
area in accordance with Section 4.9.1.1 of the Town’s Official Plan (2010). The proposed development is intended for
single detached dwellings which constitutes a form of low-density residential development in accordance with the Official
Plan. The proposed severed and retained lands will comply with lot area and frontage requirements as prescribed in Bylaw No. 2523, as amended.
In light of the above, staff is of the opinion that the requested consent applications conform with the Town’s new Official
Plan and Zoning By-law, and that a plan of subdivision is not necessary for the proper and orderly development of the
subject lands.
Staff would therefore recommend that application B052/15 be approved.
Planning & Regulatory Services - Development Engineering:
The Development Engineering Division has reviewed the above noted application and recommends the inclusion of
provisional conditions of consent as indicated herein:
We have no sewer allocation objections as the YDSS trunk sewer system is now operating, provided that the new units
created are accounted for by the Planning and Regulatory Services Department in the consent and site plan allocation
reserve.
February 4, 2016
Page 46
The Development Engineering Section has reviewed the subject application and based on the materials submitted and
our finding, we have no concerns or objections, at this time.
Notwithstanding the above, such an application is subject to detailed lot grading plan submission, subsequent review and
revision (if required) as part of the Building Permit Application process, and adherence to the Town’s Lot grading
standards.
1. CONVEYANCE OF LANDS CONDITION
That the Applicant convey to the Town, free of all costs, objects, structures, and encumbrances, the necessary road
widening, determined by a legal survey, to establish:
•
•
A road widening of 3 metres through the frontage of the property abutting on the existing right-of-way being
Scott Drive.
Scoped Phase 1 EA will be required.
That the Applicant prepare and deposit a reference plan detailing the road widening and or the daylighting triangle,
following the Town’s review and acceptance of same. The applicant’s surveyor must submit draft reference plans for
Town review prior to deposition, to the attention of Mr. Erik Loorand, Project Coordinator, Development Engineering
Division, at (905) 747-6357.
2. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an encumbrance
or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
$ 412.00 + HST
Agreement Preparation
$ 495.00 or $2,500.00 + HST
Registration/Admin.
$ 115.00
Install Catchbasin
$ 7,087.20 + HST
Survey Layout
$ 676.30 + HST
C.C.T.V. Scan ($648.00 + HST) x 2
$ 1,296.00 + HST
Install 250 mm Catchbasin Lead
$ 1,260.00 per metre + HST
Install Cleanout
$ 1,890.00 + HST
Decommission Catchbasin
$ 2,362.80 + HST
February 4, 2016
3. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
Page 47
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same
trench) + HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
4. REGISTERED PLANS
That the applicant provide to the Development Engineering Division, to the attention of Mr. Michael Ayers, three white
prints of the deposited plan of reference which outlines the necessary requirements of all Engineering conditions.
Planning & Regulatory Services - Parks & Natural Heritage:
The subject property contains many mature trees in poor to good condition. While Parks staff has no comments on the
subject application, please note for future reference that development applications should be accompanied by a tree
inventory and protection plan that works to retain as many healthy matures trees as feasible.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) should be made
aware that the Town will require land to be conveyed for park or other public recreation purposes or, at the option the
Town, a payment of Cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act. A condition of consent should be imposed requiring the Applicant to enter into an agreement
acknowledging the forgoing, which agreement must be registered on title to the severed parcel for the purpose of
notice. Further the applicant shall be required to pay the sum of $112.00 to reimburse the Town for the cost of
registration of the agreement. (Please contact the Legal Department.) (If the applicant does not wish to enter into the
above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under Section 42, at an earlier date. The
Applicant (Owner) may determine the amount of cash-in-lieu required by contacting the, Finance Department).
2. Payment of all current and outstanding taxes to date of consent.
3. Please note that the Town, Regional and Educational Development Charges are payable prior to building permit
issuance. Water meter and tree charges are also applicable at that time.
4. The Town will require land to be conveyed for park or other public recreation purposes or at the option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given
or cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within
four years from the date of demolition.)
February 4, 2016
Page 48
5. Development Charges will also be applicable on the retained lands prior to building permit issuance unless the
finance and administration department receives documentation that levies were paid on these lands, or that an
existing structure is to be demolished. (must build within four years from the date of demolition.)
PowerStream Inc.:
No objections (comments attached)
Enbridge Gas Distribution Inc.:
No objections (comments attached).
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
York Region District School Board:
No response.
York Region Separate School Board:
No response.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
None.
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following conditions are recommended:
PLANNING & REGULATORY SERVICES DEPARTMENT – REGULATORY SERVICES – ZONING SECTION:
1. That the Owner apply to and receive from the Council of the Town of Richmond Hill demolition approval pursuant to
Demolition Control By-law No. 15-90 and that the Owner demolish all buildings and/or structures and remove all
debris to the satisfaction of the Chief Building Official or; that the Owner make arrangements satisfactory to the Chief
Building Official to demolish all buildings and/or structures and remove all debris to his satisfaction.
2. CONVEYANCE OF LANDS CONDITION
That the Applicant convey to the Town, free of all costs, objects, structures, and encumbrances, the necessary road
widening, determined by a legal survey, to establish:
• A road widening of 3 metres through the frontage of the property abutting on the existing right-of-way being
Scott Drive.
• Scoped Phase 1 EA will be required.
That the Applicant prepare and deposit a reference plan detailing the road widening and or the daylighting triangle,
following the Town’s review and acceptance of same. The applicant’s surveyor must submit draft reference plans for
Town review prior to deposition, to the attention of Mr. Erik Loorand, Project Coordinator, Development Engineering
Division, at (905) 747-6357.
February 4, 2016
Page 49
3. GRADING CONDITION
"That the applicant:
(a)
submit to the Town's Development Engineering Division a grading plan prepared by a professional engineer or
Ontario land surveyor detailing the drainage pattern while showing the existing and proposed elevations for both the
severed and retained lands along with the adjoining lands;
(b) obtain the Town's approval of the grading plan referred to in (a);
(c) enter into an agreement with the Town (unless not required by the Town) for either (i) grading and drainage; or (ii)
grading and servicing, which addresses the provision of swales, easements and/or catch basins and which will be
registered on title to the lands in priority to all other claims, encumbrances or other item or matter that the Town
Solicitor deems to be an encumbrance or claim; and
(d) ensure that any easements required to be provided pursuant to the agreement referred to in (c) are registered in
priority to all other claims, encumbrances or any other item or matter the Town Solicitor deems to be an
encumbrance or claim."
FURTHER GRADING RELATED INFORMATION
Three prints of the above requested grading plan must be submitted for review and any related inquiries, should be
directed to Mr. Michael Ayers, Grading Technologist, Development Engineering Division at 905-747-6426.
The Town's current fees for such services are as per the currently amended Tariff of Fees By-law 106-15.
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan ($648.00 + HST) x 2
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
4. SERVICE CONNECTION CONDITION
25 mm water service
Combined 25 mm water service with storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service is
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a combined trench
C.C.T.V Scan
$ 412.00 + HST
$ 495.00 or $2,500.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 676.30 + HST
$ 1,296.00 + HST
$ 1,260.00 per metre + HST
$ 1,890.00 + HST
$ 2,362.80 + HST
$ 904.80 per metre + HST
$ 656.40 per metre + HST
$ 1,575.60 + HST
$ 709.20 + HST
$ 1.393.20 per metre + HST
$ 1,339.20 per metre (if applicable) + HST
$ 1,544.40 per metre (if applicable and if in same
trench) + HST
$ 3,937.20 + HST each
$1,339.20 + HST each
$ 648.00 + HST
That the Applicant arrange and pay to the Town for the installation of service connections to render the severed and
retained parcels fully serviced. The current Tariff of Fees schedule will be used to determine the amount of payment
for the service connections. At time of printing, the Town’s fees for standard configuration of services are as follows
and may change at any time without notice: arrangements and payment for service connections can be made
through Mr. Mario Di Salvo, Maintenance & Operations Division, Community Services Department, (905) 780-2949.
February 4, 2016
Page 50
5. 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.
CORPORATE AND FINANCIAL SERVICES:
6. That the applicant enters into an agreement acknowledging that the Town will require land to be conveyed to it for
park or other public recreation purposes or, at the option of the Town, a payment of Cash-in-lieu of such land,
pursuant to Section 42 of the Planning Act, prior to the issuance of a building permit. Such agreement must be
registered on title to the SEVERED PARCEL for the purpose of notice. Further, the applicant shall be required to pay
the sum of $112.00 to reimburse the Town for the cost of registration of the agreement (please contact the Legal
Department). (If the applicant does not wish to enter into the above agreement, he or she may voluntarily pay any
cash-in-lieu owing under Section 42, at an earlier date. The applicant (owner) may determine the amount of cash-inlieu required by contacting the Finance Department.).
7. Payment of all current and outstanding taxes to date of consent.
COMMITTEE OF ADJUSTMENT:
8. That the applicant provides the secretary-treasurer with either a registrable description or a deed conveying the
severed land (easement), for use for the issuance of the certificate of consent.
9. That the applicant provides one white print of a deposited plan of reference of the entire land which conforms
substantially with the application as submitted.
WARNING:
ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of Decision, failing which
this application shall thereupon be deemed to be refused.
Section 53(41), The Planning Act R.S.O., 1990
FINANCE/REGIONAL AND MUNICIPAL NOTICE:
Please note that the Town, Regional and Educational development charges are payable prior to building permit issuance.
Water meter and tree charges are also applicable at that time.
The Town will require land to be conveyed for park or other public recreation purposes or, at its option, the Town will
require a payment of cash-in-lieu of such land prior to the issuance of a building permit pursuant to Section 42 of the
Planning Act for the retained lands unless the Finance Department receives documentation that parkland was given or
cash-in-lieu of parkland was paid on these lands, or that an existing structure is to be demolished (must build within four
years from the date of demolition).
Development charges will also be applicable on the retained lands prior to building permit issuance unless the Finance
Department receives documentation that levies were paid on these lands, or that an existing structure is to be demolished.
(Must build within four years from the date of the Demolition Permit.)
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 51
H
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A098/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
RODEO HOMES RICHMOND HILL INC., FRANCESCO MAURO &
VINCENZO NACCARATO
NAME OF AGENT:
GUITBERG GROUP INC. (VICTOR GUITBERG)
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
Plan 3805 Pt Lots 27 and 28 RP 65R34666 Part 1 RP 65R35463 Parts 2 and 3
93 Duncan Road
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 255-96, as amended, to permit increased
maximum lot coverage for Lots 1-13, inclusive (as shown on the applicant’s sketch submitted) to
accommodate a proposed Plan of Subdivision (19T-12006).
Maximum Lot Coverage (Lots 1-13)
By-Law
Requirement
35.00 %
Proposed
40.00 %
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
“Low Density Residential Six Exception (R6 (2)) Zone”
255-96, as amended
ZONING PROVISIONS:
Minimum Lot Frontage (Interior):
Minimum Lot Frontage (Corner):
Minimum Lot Area (Interior):
Minimum Lot Area (Corner):
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Height:
15.24 metres (50 feet)
16.74 metres (54.92 feet)
557.4 square metres (6000 square feet)
612.28 square metres (6590 square feet)
7.5 metres (24.6 feet)
1.5 metres (5 feet)
7.5 metres (24.6 feet)
35%
11.0 metres (36.1 feet)
Difference
5.00 %
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.
February 4, 2016
Page 52
SITE CONDITIONS:
The subject lands are part of a draft Plan of Subdivision (19T-12006) which proposes to create 13 building lots and extend
Pathlane Road.
ADJACENT LAND CONDITIONS:
North: Duncan Road, Residential
South: Residential
East:
Residential
West: Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on January 20, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variance is correct.
Planning & Regulatory Services - Planning:
The subject lands are part of a draft Plan of Subdivision (19T-12006) which proposes 13 new building lots to
accommodate the future construction of 13 new single detached dwellings fronting onto an extension of Pathlane Road.
The Plan of Subdivision was draft approved by the Ontario Municipal Board on April 23, 2014. In order to accommodate
the proposed development, the applicant is requesting relief from Zoning By-law 255-96, as amended, to allow for an
increased lot coverage from 35% to 40% for 13 proposed single detached dwelling units.
Staff has reviewed the subject Minor Variance application and has no issues or objections to the proposal. Staff therefore
recommends approval of Minor Variance application A098/15.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application. We will continue to work with the applicant through the Subdivision
process.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
February 4, 2016
Page 53
York Region - Transportation & Community Planning Department:
No objections, however, any other Regional concerns will be addressed through the Plan of Subdivision (Regional file
19T-12R06)
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding combined TRCA Planning Services review fee of $525.00.
*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.
Previous / Concurrent Applications for the Subject Lands:
B015/11 – Lot Addition – Approved – Certificate Issued on November 28, 2012.
B016/11 – New Lot – Approved – Certificate Issued on November 28, 2012.
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
3. That the applicant remits the outstanding TRCA Planning Services review fee of $525.00.
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 54
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A099/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
KAMRAN REZAEE
NAME OF AGENT:
RAYMOND FLOYD
I
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
Plan 1930 E Pt Lot 79
35 Edgar Avenue
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 2523, as amended, to permit a reduced minimum
interior side yard setback (west) to accommodate the construction of a proposed two-storey
single family dwelling. Relief is also being sought to recognize the existing (deficient) lot frontage.
Minimum Frontage
Minimum Sideyard Setback – West
By-Law
Requirement
18.29 m ( 60.00 ft)
1.52 m ( 5.00 ft)
Proposed
10.93 m ( 35.86 ft)
1.22 m ( 4.00 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
Second Density Residential (R2) Zone
By-law No. 2523, as amended
ZONING PROVISIONS:
Minimum Lot Frontage (Interior):
Minimum Lot Area (Interior):
Minimum Front Yard Setback:
Minimum Side Yard Setback (Interior):
Minimum Rear Yard Setback:
Maximum Building Height:
Maximum Lot Coverage:
18.29 metres (60.0 feet)
696.77 square metres (7,500.0 square feet)
9.14 metres (30.0 feet)
1.52 metres (5.00 feet)
7.62 metres (25.0 feet)
10.66 metres (35.0 feet)
30%
Difference
7.36 m ( 24.14 ft)
0.30 m ( 1.00 ft)
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
February 4, 2016
Page 55
SITE CONDITIONS:
The subject lands are located on the south side of Edgar Avenue, west of Yonge Street and south of Carrville Road. The
existing single family dwelling, constructed in the 1940s, is proposed to be demolished.
The subject lands are situated within an area that has undergone extensive redevelopment, whereby the majority of the
original dwellings constructed in the mid-20th Century have been replaced with larger, two-storey dwellings. Future
development within the vicinity of the subject lands may include the potential extension of Clinton Drive.
ADJACENT LAND CONDITIONS:
North: Edgar Avenue
South: Residential
East:
Residential
West: Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
Minor Variance Application A099/15 was deferred at the November 26, 2015 meeting in order to address Town Park’s
staff concerns. The revised application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on January 22, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct, however, as Elevation Plans have not been provided, the Applicant has been
advised that building height must comply at the Building Permit stage.
Planning & Regulatory Services - Planning:
The applicant is requesting relief from By-law No. 2523, as amended, to permit a new two-storey single family dwelling to
be constructed on the subject lands. In support of this request, the following variances are proposed:
• reduced minimum frontage from 18.29 metres (60.00 feet), as required, to 10.93 metres (35.86), as proposed
(existing);
• minimum west side yard setback from 1.52 metre (5.0 feet), as required, to 1.22 metres (4.00 feet), as proposed.
This application was heard at the November 26th, 2015 Committee of Adjustment meeting; however, the file was deferred
in order to address the preservation of existing vegetation on the adjacent property (east). A revised proposal seeking
approval for reduced lot frontage and reduced side yard setback (west) was submitted. The minimum requirements of the
by-law are to be maintained with respect to the east side yard setback. In addition, whereas the applicant’s initial proposal
included a request for a reduced front yard setback, the revised proposal complies with the required minimum front yard
setback.
Planning staff have reviewed the application and conclude that the requested variance for reduced side yard setback is
reasonable with regard to the existing context. In addition, the requested relief for a reduced side yard setback (west) is
consistent with approvals within the surrounding neighbourhood (84 Oak Avenue, A093/14, east and west side yards of
1.22 metres; 23 Oak Avenue, A085/14, side yard setback of 1.2 metres).
February 4, 2016
Page 56
It should be noted that the applicant supplied a sketch to demonstrate the feasibility of creating a future infill building lot
within the rear portion of the subject lands. On the basis of the sketch provided, the placement of the proposed dwelling is
not expected to impede future development of the lands with respect to the potential extension of Clinton Drive.
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 A099/15 be approved.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Comments for the Committee:
Parks staff does not have comments on the proposal.
Information for future applications:
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.
Future development applications will require a tree inventory and protection plan. Future applications should design to
protect existing healthy mature vegetation (e.g. Tree tag #14, a 50cm White Spruce on the neighbouring property).
Permission of the neighbor will be required for injury or removal of neighbouring or co-owned trees (as permitted by the
Town). Good arboricultural practices should be implemented to maintain the health of retained trees.
Replacement trees shall be provided and financial compensation will be required where on site replacement is not
possible.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
February 4, 2016
Page 57
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
A001/95 – Front Yard Setback & Side Yard Setback – Closed.
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the application (With the exception
of Lot Frontage, any future development must comply with the applicable provisions of the by-law).
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 58
J
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A102/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
MARAND GROUP HOME ESSENTIALS INC.
NAME OF AGENT:
PAUL CARAVAGGIO
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
York Region Condo Plan 804
588 Edward Avenue
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 184-87, as amended, to permit a reduced
minimum number of parking spaces to accommodate a proposed office use in unit no. 52.
Minimum No. of Parking Spaces
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Parking Requirement (Industrial):
Parking Requirement (Commercial):
By-Law
Requirement
355 spaces
Proposed
351 spaces
Difference
4 spaces
Employment Area
High Performance Commercial Industrial (MC-1) Zone
By-law 184-87, as amended by By-law 112-89
60.0 m. (196.85 ft.)
0.8 ha. (1.98 ac.)
12.0 m. (39.37 ft.)
6.0 m. (19.69 ft.)
12.0 m. (39.37 ft.)
1 parking space per 42 sq. m. (floor area of 2800 sq. m. or less for thereof of
the floor area each building)
3.2 parking spaces per 100 sq. m. of gross floor area
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.
February 4, 2016
Page 59
SITE CONDITIONS:
The subject property currently supports three multi-unit industrial/commercial buildings. There are a total of 351 shared
parking spaces provided on the property to serve all three buildings.
ADJACENT LAND CONDITIONS:
North: Industrial/Commercial
South: Industrial/Commercial
East: Edward Avenue, Industrial/Commercial
West: Canadian National Railway – Bala Subdivision
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 22, 2016.
Applicant confirmed posting of signage on January 18, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variance is correct, however, please see comments below:
We note the following variances have previously been approved for parking reductions at this location:
•
•
•
A029/09 for a reduction in parking of 3 spaces
A029/12 for a reduction in parking of 5 spaces
A034/12 for a reduction in parking of 3 spaces
Therefore, if this variance is approved, it will result in reduction of 15 parking spaces from the total number of required
parking spaces for this site.
Planning & Regulatory Services - Planning:
There are a total of 351 shared parking spaces provided to serve the existing three multi-unit industrial/commercial
buildings on the subject property. The Town’s Development Engineering Section has requested that the applicant provide
an updated Parking Utilization Study that accounts for all the shared parking between the three multi-unit buildings on the
subject property, as per the By-law requirement. As the existing buildings share all 351 spaces on the property, and the
Zoning By-law calculates parking for the whole site, Planning staff cannot assess the requested minor variance at this time
pending an updated parking study for the entire property.
Planning & Regulatory Services - Development Engineering:
A review of the Updated Parking Utilization Study (prepared by Cole Engineering, dated December 18, 2015) submitted in
support of the subject Minor Variance Application has been completed and the following comments are provided:
It is now understood that the By-law requirement for the parking supply is shared between 568, 588 and 604 Edward
Avenue which the study confirms by recognizing that access is shared between these 3 properties and that there is no onsite delineation which separates each property. With the acknowledgement that the parking supply is shared and the
accesses shard, it would be reasonable to expect the study to consider the parking utilization on the entire site as
opposed to restricting their scope to only a portion.
February 4, 2016
Page 60
In addition to the above, we are now aware of past parking variances approved on this site and that this one, if approved,
would result in a reduction of 15 parking spaces from the total number of required parking spaces.
At this time there is insufficient information provided in order for us to support the requested variance as we are unable to
determine if the parking provided for the owners/tenants in 568 and 604 will or will not be adversely impacted by the
requested variance.
Planning & Regulatory Services – Parks & Natural Heritage:
No concerns.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
A029/09 – Parking Spaces – Approved.
A029/12 – Parking Spaces – Approved.
A034/12 – Parking Spaces – Approved.
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
February 4, 2016
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
Page 61
February 4, 2016
Page 62
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A106/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
ANTHONY CERUNDOLO
NAME OF AGENT:
RAYMOND FLOYD
K
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
RP 3659 Lot Pt Lts 15 & 17 65R-34145
34 Denham Drive
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 2523, as amended, to permit a reduced minimum
front yard setback, reduced minimum interior side yard setbacks (north and south) and increased
maximum lot coverage to accommodate the construction of a proposed two-storey dwelling.
Maximum Lot Coverage
Minimum Front Yard Setback
Minimum Sideyard Setback - North
Minimum Sideyard Setback - South
By-Law
Requirement
20.00 %
9.14 m ( 30.00 ft)
1.52 m ( 5.00 ft)
1.52 m ( 5.00 ft)
Proposed
26.40 %
8.69 m (28.51 ft)
1.22 m ( 4.00 ft)
1.21 m ( 3.97 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
First Density Residential “S” (R1(S)) Zone
By-law 2523, as amended by By-law 64-79
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Minimum Ground Floor Area (One Storey):
Maximum Lot Coverage:
Maximum Height:
30.48 m. (100.0 ft.)
1,393.55 sq. m. (15,000 sq. ft.)
9.14 m. (30.0 ft.)
1.52 m. (5.0 ft.)
7.62 m. (25.0 ft.)
125.42 sq. m. (1,350 sq. ft.)
20 %
10.67 m. (35.0 ft.)
Difference
6.40 %
0.45 m ( 1.49 ft)
0.30 m ( 1.00 ft)
0.31 m ( 1.03 ft)
February 4, 2016
Page 63
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject property is currently vacant in an established low density residential area with large, single family detached
homes on lots that have minimum frontages of 30.48 m. (100 ft.).
ADJACENT LAND CONDITIONS:
North: Residential
South: Residential
East:
Denham Drive, Residential
West: Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
Minor Variance Application A106/15 was deferred at the December 17, 2015 meeting in order to address Town
Development Engineering staff concerns. The revised application was circulated to the commenting departments and
agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on January 20, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The proposed variances are requested to facilitate the construction of a new two-storey single detached dwelling on the
subject property. Consent and Minor Variance applications (Town File #: B094/12 and A103/12) were approved for the
adjacent property (32 Denham Drive) to create the current lot with a reduced lot frontage (28.81 m. (94.52 ft.)).
To facilitate the proposed development, the minor variance application is specifically seeking relief from the following
provisions of By-law 2523, as amended:
•
•
•
•
Increase the maximum lot coverage from 20% as required, to 26.40%.
Reduce the minimum front yard setback from 9.14 m. (30.00 ft.) as required, to 8.69 m. (28.51 ft.)
Reduce the minimum interior side yard setback (north) from 1.52 m. (5.00 ft.) as required, to 1.22 m. (4.00 ft.); and,
Reduce the minimum interior side yard setback (south) from 1.52 m. (5.00 ft.) as required, to 1.21 m. (3.97 ft.)
The subject property is located within an established residential area that is composed of large, single family detached
dwelling units. Similar minor variance requests for an increase in maximum lot coverage ranging between 22.8% to 30%
have been approved for properties in the surrounding area including 3, 8, 30, 56 and 62 Denham Drive (Town File No.:
A058/06, A057/11, A021/13, A010/10 and A012/05); based on the existing development in the area, the variance will
generally be compatible with the character of the neighbourhood. Furthermore, the requested front yard setback is related
to the encroachment of a stairway connected to the proposed covered porch at the front of the dwelling; as the main wall
of the proposed dwelling is located beyond the minimum front yard setback of 9.14 m. (30.00 ft.), the variance will
generally maintain the established streetscape of the neighbourhood.
February 4, 2016
Page 64
The general intent of the minimum interior side yard setback in By-law 2523, as amended, is to provide sufficient front
yard to backyard access on the subject lands. A similar minor variance request for reduced side yard setbacks for 1.19 m.
(3.90 ft.) was approved for 37 Denham Drive (Town File No.: A075/11) located across the street; as the lot is irregular and
the northern side yard abuts the rear lot line of the adjacent property, the requested variance will generally provide
adequate access between front and rear yards on both sides of the proposed dwelling.
Planning staff has reviewed the proposed minor variances for increased lot coverage and reduced front yard setback 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 & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Comments to the committee:
• Parks staff has no objection to the proposal.
Advisory comments to the applicant for future reference:
• 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. Through review of a building permit or other Planning Act applications, the Town may require the
design and construction process accommodate protection of existing trees, and/or tree replacement. Please
consult Town of Richmond Hill Guidelines, including Fact Sheet 5.0 – Guidelines for Construction Near Trees for
more information on this matter.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No response.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
February 4, 2016
Page 65
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
None.
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 66
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A117/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
QIAN ZHOU
NAME OF AGENT:
JEFF REID
L
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
Con 1 Pt Lot 46
60 Highland Lane
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced minimum
interior side yard setback (north) to top of second storey, increased maximum gross floor area
and increased maximum building height to accommodate the construction of a proposed twostorey single family dwelling.
Maximum Gross Floor Area
Maximum Building Height
Minimum Sideyard Setback – North
(to top of second storey)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Gross Floor Area:
Maximum Height:
By-Law
Requirement
478.35 m2 ( 5,148.91 ft2)
8.50 m ( 27.89 ft)
Proposed
577.62 m2 ( 6,217.44 ft2)
8.74 m ( 28.67 ft)
Difference
99.27 m2 ( 1,068.53 ft2)
0.24 m ( 0.79 ft)
6.00 m ( 19.68 ft)
4.97 m ( 16.31 ft)
1.03 m ( 3.37 ft)
Neighbourhood, Richmond Hill Official Plan
R1
66-71, as amended
24.38 metres (80 feet)
1114.8 square metres (12,000 square feet)
3 metres (9.84 feet) to first storey
6 metres (19.7 feet) to second storey
7.62 metres (25 feet)
478.35 square metres (5149 square feet)
8.5 metres (27.9 feet)
February 4, 2016
Page 67
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
SITE CONDITIONS:
The subject lands currently support a single detached dwelling which is proposed to be demolished and replaced with a
new, two-storey single detached dwelling.
ADJACENT LAND CONDITIONS:
North: Arnold Crescent
South: Residential
East:
Highland Lane
West: Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on December 17, 2015.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The proposed development is currently going through the Town’s Site Plan approval process (Town File No. D06-15025).
The applicant is proposing to construct a new, two-storey single detached dwelling on the subject lands. In order to
facilitate the proposed development, the applicant will require relief from the applicable Zoning By-laws to permit an
increased Gross Floor Area (GFA) to 577.62 square metres (6,217.44 square feet), whereas the Zoning By-law allows for
478.35 square metres (6,217.44 square feet); a maximum building height of 8.74 metres (28.67 feet), whereas the Zoning
By-law allows a maximum of 8.5 metres (27.89 feet); and a reduced minimum side yard setback to the top of the second
storey of 4.97 metres (16.31 feet) for the north side, whereas the Zoning By-law requires a minimum of 6.0 metres (19.68
feet).
Staff notes that the Zoning By-law requirement for GFA is calculated based on lot frontage. The subject lands have a wide
frontage of 38.56 metres (126.51 feet); thus mitigating the impact of the proposed increase in floor area. It should also be
noted that the applicant has recessed the proposed garage in order to minimize the impact and massing on the
streetscape. It is the opinion of staff that the proposed setback reduction to 4.97 metres (16.31 feet) provides adequate
space between the wall of the proposed dwelling and the north side lot line.
Similar increases in GFA have been approved elsewhere in the area. Some examples are listed below:
93 Arnold Crescent (Town File No. A021/11)
• Gross Floor Area: 250.33 square metres (2,694.53 square feet) permitted; 385.76 square metres (4,152.29 square
feet) approved
February 4, 2016
Page 68
121 Arnold Crescent (Town File No. A075/15)
• Gross Floor Area: 235.22 square metres (2,531 square feet) permitted; 326.22 square metres (3,511.4 square feet)
approved
• Maximum Height: 8.5 metres (27.89 feet) permitted; 8.81 metres (28.9 feet) approved
123 Arnold Crescent (Town File No. A074/15)
• Gross Floor Area: 270.9 square metres (2,915.94 square feet) permitted; 336.18 square metres (3,618.6 square feet)
approved
It should be noted that 60 Highland Lane has a significantly larger lot frontage than the properties noted above. As
previously mentioned, the permitted GFA is calculated based on the existing lot frontage. In this regard, although the
approved GFA measurements noted above are not as large, the proportion of the increased area to the size of the lot
would be similar. The applicant has taken measures, such as increased setbacks and recessing the garage from the front
wall of the house, to reduce the impact of the increase.
It is the opinion of staff that the variances requested for the proposed development are in keeping with the general intent
and purpose of the Official Plan and applicable Zoning By-law, are minor in nature and are an appropriate and desirable
development of the subject lands. Staff therefore recommends approval of the subject application.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff has no comments on the application. We will continue to work with the applicant through review of Site Plan
application D06-15025.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
February 4, 2016
Page 69
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
None.
STAFF RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
February 4, 2016
Page 70
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A118/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
RSTORIA FINE HOMES INC.
NAME OF AGENT:
BIANCHI PRESTA LLP (DANIEL MUSSO)
M
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
Plan 202 Pt Lot 50 Part Aubrey Ave
34 George Street
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 1275, as amended, to recognize the existing
(deficient) lot frontage and lot area to accommodate the construction of a proposed two-storey
single family dwelling.
Minimum Lot Area
Minimum Lot Frontage
By-Law
Requirement
929.00 m2 ( 10,000.00 ft2)
22.86 m ( 75.00 ft)
Proposed
697.11 m2 ( 7,503.62 ft2)
17.06 m ( 55.97 ft)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
Neighbourhood
R.U. - Rural Urban Zone
By-law No. 1275, as amended
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Building Height:
22.86 metres (75.0 feet)
929.00 square metres (10, 0000 square feet)
9.144 metres (30.0 feet)
1.52 metres (5.00 feet)
20% of lot depth to a maximum of 9.144 metres (30.0 feet)
10.67 metres (35.0 feet)
Difference
231.89 m2 ( 2,496.38 ft2)
5.80 m ( 19.03 ft)
NOTE: The above noted zoning provisions are only the general standards for this zone and are provided for the
reference of the Members of the Committee of Adjustment. Full compliance with all applicable zoning
standards is the responsibility of the landowner and must be ensured prior to the issuance of any building
permits based upon the submission of a detailed full set of building plans.
February 4, 2016
Page 71
SITE CONDITIONS:
The subject lands are situated on the north side of George Street, north of King Road and west of Yonge Street. The
existing one-storey single family dwelling, built in the 1960s, is to be demolished and replaced by a new two-storey single
family dwelling.
ADJACENT LAND CONDITIONS:
North: Residential
South: George Street
East:
Residential
West: Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on January 19, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The applicant is requesting relief from By-law No. 1275, to recognize the existing deficient lot frontage and lot area to
accommodate the construction of a proposed two-storey single family dwelling. The applicant is requesting the following
deficiencies be recognized as required by the applicable by-law:
• an existing minimum lot area of 697.11 sq. m. (7, 503.62 sq. ft.), from the required 929.00 sq. m. (10, 000.00 sq. ft.);
• an existing minimum lot frontage of 17.06 sq. m. (19.03 sq. ft.), from the required 22.86 sq. m. (75.00 sq. ft.).
Planning staff have reviewed the request to recognize existing lot area and lot frontage deficiency and note that the
requested reliefs are considered acceptable due to the existing lot fabric of the area. The proposal is considered to be in
keeping with the existing character of the neighbourhood. This is one of several existing lots on George Street and Penny
Place with lot frontage and lot area deficiencies, therefore conforms to the existing fabric and character of the area.
On the basis of the preceding, the proposal meets the four (4) conditions described under Section 45(1) of the Planning
Act for the evaluation of minor variance proposals. In this regard, the requested relief from the by-law, as proposed, is
minor in nature, is desirable for the development of the land, and meets the general intent of the applicable zoning by-law
and of the Town’s Official Plan. Planning staff recommends that minor variance application A118/15 be approved.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
Comments to the Committee
Parks staff has no concerns with recognizing the existing conditions.
Comments to the Applicant for future reference.
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.
February 4, 2016
Page 72
The Arborist Report that accompanied the application recommends removal of two neighbouring trees, Scotts Pines in
good condition. Parks staff recommends designing the future house to afford protection to the tree protection zone of
these neighbouring trees.
Removal of two on site trees are proposed. While the Town does not object to the removal of these trees to facilitate
development, replacement trees are required. The Town uses replacement guidelines for planting as Diameter Breast
Height (DBH)/6, for native species and DBH/12 for non-native and poplars. For example, a healthy native 60cm DBH tree
should be replaced with 10 trees. Where replacement guidelines cannot be achieved, the applicant can consider
contributing an equivalent monetary amount to plant at an alternate site.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
TRCA staff recommend conditional approval of the above noted application as currently submitted, subject to the following
condition:
1. That the applicant remits the outstanding combined TRCA Planning Services review fee of $525.00.
*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.
Previous / Concurrent Applications for the Subject Lands:
None.
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That the applicant remits the outstanding combined TRCA Planning Services review fee of $525.00.
February 4, 2016
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
Page 73
February 4, 2016
Page 74
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A119/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
HIEN THI VU
NAME OF AGENT:
SON BINH NGUYEN
N
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
Plan 5518 Lot 145
352 Skopit Road
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum
interior side yard setbacks (east and west), increased maximum lot coverage and increased
maximum permitted encroachment into front and rear yards (for stairs) to accommodate the
construction of a proposed two-storey single family dwelling.
Maximum Lot Coverage
Minimum Sideyard Setback – East
Minimum Sideyard Setback – West
Maximum Encroachment – Front Yard (Stairs)
Maximum Encroachment – Rear Yard (Stairs)
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard:
Minimum Interior Side Yard:
feet)
Minimum Rear Yard:
Maximum Lot Coverage:
By-Law
Requirement
30.00 %
1.83 m ( 6.00 ft)
1.83 m ( 6.00 ft)
2.44 m ( 8.00 ft)
2.44 m ( 8.00 ft)
Proposed
38.40 %
1.55 m ( 5.09 ft)
1.52 m ( 5.00 ft)
3.39 m ( 11.12 ft)
3.99 m ( 13.09 ft)
Difference
8.40 %
0.28 m ( 0.91 ft)
0.31 m ( 1.00 ft)
0.95 m ( 3.12 ft)
1.55 m ( 5.09 ft)
Neighbourhood
Residential Second Density (R2) Zone
By-law 66-71, as amended
15.24 metres (50.0 feet)
464.68 square metres (5,000.0 square feet)
8.506 metres (27.9 feet) – average distance established by existing adjoining
buildings
1.2 metres (4.0 feet) for one-storey dwellings, and an additional 0.61 metres (2.0
for each additional storey thereafter
7.62 metres (25 feet)
30%
February 4, 2016
Page 75
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 at the south side of Skopit Road within an established neighbourhood, which generally
comprised of one-storey single detached dwellings. The property currently supports a one-storey single detached dwelling
which is proposed to be demolished.
ADJACENT LAND CONDITIONS:
North:
Skopit Road
South: Semi-Detached Residential
East:
Single Detached Residential
West:
Single Detached Residential
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 22, 2016.
Applicant confirmed posting of signage on January 4, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The applicant is proposing to demolish the existing one-storey single detached dwelling and construct a new two (2)
storey single detached dwelling. It is noted that the existing dwelling has an east side yard setback of 1.55 metres (5.08
feet) and the existing detached garage has a west side yard setback of 1.55 metres (5.08 feet). The new two (2) storey
single detached dwelling would maintain the 1.55 metre side yard setbacks, while the Zoning By-law requires 1.8 metres
setback for a two-storey dwelling. In addition to increased lot coverage and reduced side yard setbacks, the applicant is
requesting relief to permit stairs to encroach into the required front yard and rear yard setback. It should be noted that the
proposed dwelling will meet the development standards related to front yard and rear yard setbacks. Staff is of the opinion
that the dwelling will still be set back an appropriate distance from the front lot line and that the compatibility with
surrounding dwellings will not be negatively impacted.
While the majority of housing in this neighbourhood are single storey, there is a recent transition of older one-storey
dwellings being replaced with new two-storey single detached dwellings in the area bounded by Elgin Mills Road, Bayview
Avenue and Major Mackenzie Drive.
It is the opinion of staff that the proposal is in keeping with the general intent and purpose of the Official Plan and
applicable Zoning By-law, is minor in nature and is an appropriate and desirable development of the subject lands. Staff
therefore recommends approval of the application.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
February 4, 2016
Page 76
Planning & Regulatory Services – Parks & Natural Heritage:
Parks staff received a tree inventory for the proposal on January 19, 2016 and a revised survey and tree inventory on
January 20, 2016.
While Parks staff has no comments on the variances proposed, the proposed plan shows increasing the driveway width to
abut the trunk of the Town owned tree. Town staff would not support expanding the driveway within the tree protection
zone of the Town owned tree and tree protection fencing should be installed during the construction process.
To be considered during the design and construction process: The concrete stairs will partially encroach into the tree
protection zone of the Norway Maple. Ensure good arboricultural practices are implemented during the construction
process to minimize injury to the tree.
Planning & Regulatory Services - By-Law Enforcement:
No response.
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
None.
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
February 4, 2016
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment
Page 77
February 4, 2016
Page 78
TOWN OF RICHMOND HILL
COMMITTEE OF ADJUSTMENT
MINOR VARIANCE STAFF REPORT
APPLICATION:
A120/15
DATE:
FEBRUARY 4, 2016
NAME OF OWNER:
1145666 ONTARIO INC.
NAME OF AGENT:
MRC DESIGN INC. (MIKE CIPOLLA)
O
STATUTORY AUTHORITY: Section 45 of The Planning Act, 1990
THE PROPERTY:
Plan 5457 Lot 49
71 Sussex Avenue
Town of Richmond Hill
THE REQUEST:
To provide relief from the provisions of By-law 66-71, as amended, to permit reduced minimum
interior side yard setbacks (north and south) and increased maximum building height to
accommodate the construction of a proposed addition to the existing bungalow and garage.
Maximum Building Height
Minimum Sideyard Setback – North
Minimum Sideyard Setback – South
PRESENT DESIGNATION:
Official Plan:
Zoning Classification:
Zoning By-law:
ZONING PROVISIONS:
Minimum Lot Frontage:
Minimum Lot Area:
Minimum Front Yard Setback:
Minimum Interior Side Yard Setback:
Minimum Rear Yard Setback:
Maximum Lot Coverage:
Maximum Height:
By-Law
Requirement
10.66m ( 35.00 ft)
1.83 m ( 6.00 ft)
1.83 m ( 6.00 ft)
Proposed
11.67 m ( 38.29 ft)
1.23 m ( 4.04 ft)
1.24 m ( 4.07 ft)
Difference
1.01 m ( 3.29 ft)
0.60 m ( 1.96 ft)
0.59 m ( 1.93 ft)
Neighbourhood
R2 Zone
66-71, as amended
15.24 metres (50 feet)
464.52 square metres (5000 square feet)
16.15 metres (53 feet) to the centerline of the street but in no case shall it be
less than 6.10 metres (20 feet)
1.22 metres (4 feet) for one storey and 0.61 metres (2 feet) for each
additional storey or part thereof
7.62 metres (25 feet)
30%
10.67 metres (35 feet)
February 4, 2016
Page 79
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 one storey single detached dwelling which is proposed to be retained.
ADJACENT LAND CONDITIONS:
North: Residential use
South: Residential use
East:
Residential use
West: Sussex Avenue
CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on January 11, 2016.
Public notice was mailed on January 21, 2016.
Applicant confirmed posting of signage on January 18, 2016.
Planning & Regulatory Services - Building/Zoning:
The requested variances are correct.
Planning & Regulatory Services - Planning:
The lands are designated “neighbourhood” under the Town’s Official Plan which permits low rise low density residential
development. The proposed development would conform to the land use permission. The proposed additions would result
in a development that is compatible with the area as follows:
•
•
•
•
the proposal would result in a two-storey dwelling which would be compatible with the area which is comprised of
predominantly single detached dwellings that are one and two storeys;
the proposed roof design is articulated and the proposed height increase represents a portion of the roof height and
represents a minor increase;
the proposed two storey and second storey additions would maintain the established side yard setbacks of the
existing dwelling; and,
the proposed addition to the garage is limited to one storey and the 1.24 metres setback represents a minimal
reduction from the 1.5 metres setback that would apply to a one-storey development.
On the basis of the preceding, staff would recommend that Committee of Adjustment approve the minor variance
application as the proposed relief would meet the intents of the Official Plan and Zoning By-law, is minor in nature and
appropriate development of the subject lands.
Planning & Regulatory Services - Development Engineering:
No concerns or objections.
Planning & Regulatory Services – Parks & Natural Heritage:
No response.
Planning & Regulatory Services - By-Law Enforcement:
No response.
February 4, 2016
Page 80
Planning & Regulatory Services – Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
PowerStream Inc.:
No response.
Enbridge Gas Distribution Inc.:
Not circulated.
Bell Canada:
No response.
York Region - Transportation & Community Planning Department:
No objections.
TRCA:
No comments or objections.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Not circulated.
Infrastructure Ontario:
Not circulated.
Previous / Concurrent Applications for the Subject Lands:
None.
RECOMMENDATION:
Should the Committee find it appropriate to approve this application, the following condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch to be submitted with the application (Any future
development must comply with the applicable provisions of the by-law).
FOR THE FOLLOWING REASONS:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands.
4. The requested variance(s) is/are minor in nature.
_______________________________
Christine Vigneault, ACST
Secretary-Treasurer
Committee of Adjustment