Committee of Adjustment
Agenda
Hearing Date: February 9, 2017
Time: 7:00 p.m.
Location: 225 East Beaver Creek Road, 1st Floor (Council Chambers)
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 905-771-2443 or email
[email protected]. Staff reports are subject to change.
Call to Order
Disclosure of Pecuniary Interest
Requests for Adjournment /Withdrawals from February 9, 2017 Agenda
New Applications:
Item A: Consent Application B050/16 (91 & 93 Duncan Road)
To sever a parcel of land for residential purposes, approximately 18.80 metres (61.67
feet) by 56.39 metres (185.00 feet), approximately 1,063.50 square metres (11,447.41
square feet), and retain a parcel of land approximately 18.80 metres (61.67 feet) by
56.38 (184.97 feet) approximately 1,062.70 (11,438.80 square feet). The severed and
retained land will have frontage onto Duncan Road and the existing single family
dwelling is to be demolished.
Item B: Consent Application B051/16 (9623 Bathurst Street)
To sever a parcel of land for residential purposes, approximately 9.12 metres (29.92
feet) by irregular, approximately 350.36 square metres (3,771.24 square feet) and retain
a parcel of land approximately 10.36 metres (33.98 feet) by irregular, approximately
373.05 square metres (4,015.47 square feet). A semi-detached dwelling is to be
constructed on the severed and retained land which will have frontage on Pemberton
Road.
Item C: Consent Application B053/16 (58 & 60 Grasslands Avenue)
To sever a parcel of land for residential purposes, approximately 7.50 metres (24.60
feet) by 23.50 metres (77.09 feet), approximately 176.25 square metres (1,897.13
square feet) and retain a parcel of land approximately 7.50 metres (24.60 feet) by 23.50
metres (77.09 feet), approximately 176.25 square metres (1,897.13 square feet). The
severed and retained land will have frontage onto Grasslands Avenue and the existing
townhomes will remain.
Page 1
Item D: Minor Variance Application A088/14 (21 Birch Avenue)
To provide relief from the provisions of By-law 2523, as amended, to permit a reduced
minimum front yard setback from 7.62 metres (25.00 feet) to 4.50 metres (14.76 feet), a
reduced minimum rear yard setback (from the edge of the flood zone) from 7.62 metres
(25.00 feet) to 0.24 metres (0.78 feet), a reduced minimum interior side yard setback
(east) from 1.52 metres (5.00 feet) to 1.20 metres (3.93 feet) and a reduced minimum
interior side yard setback (west) from 1.52 metres (5.00 feet) to 1.31 metres (4.29 feet)
to accommodate the construction of a proposed single family dwelling.
Item E: Minor Variance Application A111/16 (418 Bent Crescent)
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
interior side yard setback (east) from 1.83 metres (6.00 feet) to 1.52 metres (5.00 feet),
reduced interior side yard setback (west) from 1.83 metres (6.00 feet) to 1.51 metres
(4.95 feet) and increased maximum lot coverage from 30.00% to 35.19% to
accommodate the construction of a proposed single family dwelling.
Item F: Minor Variance Application A112/16 (60 Skywood Drive)
To provide relief from the provisions of By-law 235-97, as amended, to permit an
increased maximum encroachment into the conservation easement from 0.00 metres
(0.00 feet) to 2.50 metres (8.20 feet) to accommodate the construction of a proposed inground swimming pool.
Item G: Minor Variance Application A113/16 (169 Richmond Street)
To provide relief from the provisions of By-law 66-71, as amended, to permit reduced
interior side yard setbacks (east and west) to top of second storey from 3.00 metres
(9.84 feet) to 1.50 metres (4.92 feet), increased maximum gross floor area from 241.91
m2 (2,603.89 ft2) to 469.15 m2 (5,049.88 ft2), increased maximum building height from
8.50 metres (27.88 feet) to 11.86 metres (38.91 feet) and increased maximum driveway
width from 6.00 metres (19.68 feet) to 12.60 metres (41.33 feet) to accommodate the
construction of a proposed single family dwelling.
Item H: Minor Variance Application A114/16 (37 Rockport Crescent)
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
minimum interior side yard setback (east) from 1.83 metres (6.00 feet) to 1.68 metres
(5.51 feet), a reduced minimum interior side yard setback (west) from 1.83 metres (6.00
feet) to 1.80 metres (5.90 feet) and increased maximum lot coverage from 30% to
33.30 % to accommodate construction of a proposed single family dwelling.
Page 2
Item I: Minor Variance Application A001/17 (290 Palmer Avenue)
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
minimum front yard setback from established building line from 10.30 metres (33.79
feet) to 7.77 metres (25.49 feet), reduced minimum interior side yard setback (east)
from 2.11 metres (6.92 feet) to 1.20 metres (3.94 feet), reduced minimum interior side
yard setback (west) from 2.11 metres (6.92 feet) to 1.20 metres (3.94 feet), increased
maximum gross floor area from 232.25 square metres (2,500.00 square feet) to 316.70
square metres (3,408.93 square feet), increased maximum lot coverage from 30.00% to
34.60%, and increased maximum building height from 8.50 metres (27.89 feet) to 9.41
metres (30.87 feet) to accommodate the construction of a proposed single family
dwelling.
Item J: Minor Variance Application A002/17 (36 Palmer Avenue)
To provide relief from the provisions of By-law 66-71, as amended, to permit increased
maximum gross floor area from 265.00 square metres (2,852.43 square feet) to 376.64
square metres (4,054.12 square feet) and increased maximum lot coverage from
30.00% to 35.00% to accommodate the construction of a proposed single family
dwelling.
Item K: Minor Variance Application A003/17 (76 Rossini Drive)
To provide relief from the provisions of By-law 313-96, as amended by By-law 295-99,
to permit reduced minimum lot frontage for Parcel 1 (as shown on the submitted “sketch
for frontage and area calculations”) from 30.00 metres (48.42 feet) to 28.17 metres
(92.43 feet) to facilitate registration of a common element condominium (19CDM (R)­
12004).
Item L: Minor Variance Application A004/17 (85 Edgar Avenue)
To provide relief from the provisions of By-law 2523, as amended, to permit a reduced
minimum interior side yard setback (east) from 1.52 metres (5.00 feet) to 1.00 metres
(3.28 feet), a reduced minimum interior side yard setback (west) from 1.52 metres (5.00
feet) to 1.21 metres (3.97 feet) and increased maximum lot coverage from 30.00% to
32.80% to accommodate the construction of a proposed single family dwelling. Relief is
also being requested to recognize the existing (deficient) minimum lot frontage from
18.29 metres (60.00 feet) to 10.17 metres (33.36 feet) and existing (deficient) minimum
lot area from 696.80 square metres (7,500.00 square feet) to 580.10 square metres
(6,244.14.29 square feet).
Other Business
Approval of Minutes: January 19, 2017 Meeting
Motion to Adjourn
Page 3
Committee of Adjustment
Staff Report
Agenda Item: A
Application Information:
Consent Application B050/16
Related Applications: None.
Subject Land: 91 & 93 Duncan Road
Name of Owner: Rodeo Homes Richmond Hill Inc.
Name of Agent: James Koutsovitis, Gatzios Planning & Development Consultants
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To sever a parcel of land for residential purposes, approximately 18.80 metres (61.67
feet) by 56.39 metres (185.00 feet), approximately 1,063.50 square metres (11,447.41
square feet), and retain a parcel of land approximately 18.80 metres (61.67 feet) by
56.38 (184.97 feet) approximately 1,062.70 (11,438.80 square feet). The severed and
retained land will have frontage onto Duncan Road and the existing single family
dwelling is to be demolished.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: R7(3)
Zoning By-law: By-law No. 255-96, as amended
Zoning Provisions:
Minimum Lot Frontage: 16.76 metres (55 feet)
Minimum Lot Area: 878.86 square metres (9460 square feet)
Minimum Front Yard Setback: 7.5 metres (24.5 feet)
Minimum Interior Side Yard Setback: 1.5 metres (4.92 feet) Minimum Rear Yard
Setback: 7.5 metres (24.61 feet)
Minimum Lot Depth: 54.42 metres (172 feet)
Maximum Lot Coverage: 30%
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.
Page 4
Site Conditions:
The subject lands presently support one single detached dwelling which is proposed to
be demolished.
Adjacent Land Conditions:
North: Duncan Road
South: future residential uses
East: existing residential use
West: existing residential use
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017.
The applicant confirmed posting of public notice sign on January 4, 2017.
Previous and/or Concurrent applications on the subject lands:
B015/11—Lot Addition (Approved; Certificate Issued)
B016/11—New Lot (Approved; Certificate Issued)
A098/15—Lot Coverage (Approved)
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The proposed consent application will not create areas of noncompliance with respect
to the Zoning By-Law.
The following clause to be added as a condition of approval:
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 remove all debris to the satisfaction of
the Chief Building Official.
Page 5
Planning:
The subject lands are designated Neighbourhood under the Town’s Official Plan and
the proposal would be compatible with the existing character of adjacent and
surrounding areas. Further the proposal would conform to Policy 5.12(2) of the
Town’s Official Plan pertaining to consents.
On this basis, staff would recommend that Committee of Adjustment approved the
subject application
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
the materials submitted and our findings 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.
Grading Condition
That the applicant:
Reference #
1.
2.
3.
4.
Condition Description
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;
Obtain the Town's approval of the grading plan referred to in (1);
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
Ensure that any easements required to be provided pursuant to the
agreement referred to in (3) are registered in priority to all other claims,
encumbrances or any other item or matter the Town Solicitor deems to
be an encumbrance or claim.
Further Grading Related Information
Three prints of the above requested grading plan must be submitted for review and any
related inquiries, should be directed to Mike Ayers, Development Engineering
Technologist, Development Engineering Division, 905-747-6426.
Page 6
The Town's current fees for such services are as per the currently amended Tariff of
Fees By-law 95-16.
Fee Description:
Plan Review
Agreement Preparation
Registration/Admin.
Install Catchbasin
Survey Layout
C.C.T.V. Scan
Install 250 mm Catchbasin Lead
Install Cleanout
Decommission Catchbasin
Fee:
$ 420.00 + HST
$ 505.00 or $2,550.00 + HST
$ 115.00
$ 7,087.20 + HST
$ 689.83 + HST
$ 648.00 + HST x 2 = $1296.00
$ 1,260.00 per metre + HST
$ 1,928.40 + HST
$ 2,362.80 + HST
Service Connection Condition
That the Applicant arrange and pay to the Town for the installation of service
connections to render the severed and retained parcels fully serviced. The current
Tariff of Fees schedule will be used to determine the amount of payment for the service
connections. At time of printing, the Town’s fees for standard configuration of services
are as follows and may change at any time without notice:
Fee Description:
25 mm water service
Combined 25 mm water service with
storm or sanitary
Disconnect Water service
Water disconnect in a combined trench
125 sanitary service
150 storm service
Combined storm and sanitary service
Fee:
$922.80 per metre + HST
$669.60 per metre + HST
$1606.80 + HST
$722.40 +HST
$1,420.80 per metre + HST
$1,420.80 per metre (if applicable) + HST
$1,575.60 per metre (if applicable and if in
same trench) + HST
$4,010.40 +HST each
$1,365.60 +HST each
Disconnect Storm or Sanitary
Storm or Sanitary disconnect in a
combined trench
C.C.T.V. scan
$648.00 + HST
Arrangements and payment for service connections can be made through Mr. Mario Di
Salvo Maintenance & Operations Division, Community Services Department, (905) 780­
2949.
Registered Plans
That the applicant provide to the Development Engineering Division, to the attention of
Mr. Michael Ayers, three white prints of the deposited plan of reference which outlines
the necessary requirements of all Engineering conditions.
Parks & Natural Heritage:
The property is subject to Tree Preservation By-law No. 41-07. Permits are required
prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition
of any tree removal permit.
Page 7
Some of the mature healthy trees on the property should be retained and considered in
the design and grading plan for the future houses, e.g. Spruce trees along the
streetscape, and trees at the rear of the lots.
It does not appear that there are any Town owned trees on the property, but if this
changes, Contact Urban Forestry to discuss removal of Town owned trees.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
1. No parkland or Cash-in-lieu is required as a condition of consent. However the
Applicant (owner) should be made aware that the Town will require land to be
conveyed for park or other public recreation purposes or, at the option of the Town,
a payment of Cash-in-lieu of such land prior to the issuance of a building permit
pursuant to Section 42 of the Planning Act. A condition of consent should be
imposed requiring the Applicant to enter into an agreement acknowledging the
foregoing, which agreement must be registered on title to the severed parcel for the
purpose of notice. Further the applicant shall be required to pay the sum of $114.00
to reimburse the Town for the cost of registration of the agreement, he or she may
voluntarily pay an Cash-in-Lieu owing under Section 42, at an earlier date. The
Applicant (Owner) may determine the amount of cash-in-lieu required by contacting
the Finance Department.
2. Payment of all current and outstanding taxes to date of consent.
3. Please note that the Town, Regional and Educational Development Charges are
payable prior to building permit issuance. Water meter and tree charges are also
applicable at that time.
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 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).
5. Development charges will also be applicable on the retained lands prior to building
permit issuance unless the finance and administration department received
documentation that levies were paid on these lands, or that an existing structure is
to be demolished (must building within four years from the date of demolition).
Powerstream:
No objections (comments attached).
Enbridge:
No response.
Bell Canada:
No objection
Page 8
York Region – Transportation & Community Planning Department:
No response.
Toronto & Region Conservation Authority:
TRCA staff have no objection to the above noted application as currently submitted,
subject to the following condition:
1. That the applicant remits the outstanding TRCA Planning Services review fee of
$1,325.00 within 60 days of this letter.
*TRCA correspondence has been attached.
*The applicant has paid the outstanding TRCA Planning Services Review Fee.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Located outside MTO Permit Control Area.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
Reference #
Department / Agency
Contact:
1. Building/Zoning:
Cynthia MacKenzie
905-771-9996 ext.
2436
Condition:
That the Owner apply to and receive from the Council of
the Town of Richmond Hill demolition approval pursuant
to Demolition Control By-law No. 15-90 and that the
Owner demolish the single family dwelling and remove
all debris to the satisfaction of the Chief Building Official
Page 9
2. Development
Engineering:
Michael Ayers
905-717-6426
3. Development
Engineering:
Michael Ayers
905-717-6426
4. Development
Engineering:
Mario Di Salvo
905-780-2949
1. 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;
2. Obtain the Town's approval of the grading plan
referred to in (1);
3. 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
4. Ensure that any easements required to be provided
pursuant to the agreement referred to in (3) 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.
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
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.
Page 10
5. Finance:
Anna Romano
905-747-6313
6. Finance:
Anna Romano
905-747-6313
7. Committee of
Adjustment:
Christine Vigneault
905-771-2443
8. Committee of
Adjustment:
No parkland or Cash-in-lieu is required as a condition of
consent. However the Applicant (owner) should be made
aware that the Town will require land to be conveyed for
park or other public recreation purposes or, at the option
of the Town, a payment of Cash-in-lieu of such land prior
to the issuance of a building permit pursuant to Section
42 of the Planning Act. A condition of consent should be
imposed requiring the Applicant to enter into an
agreement acknowledging the foregoing, which
agreement must be registered on title to the severed
parcel for the purpose of notice. Further the applicant
shall be required to pay the sum of $114.00 to reimburse
the Town for the cost of registration of the agreement, he
or she may voluntarily pay an Cash-in-Lieu owing under
Section 42, at an earlier date. The Applicant (Owner)
may determine the amount of cash-in-lieu required by
contacting the Finance Department.
Payment of all current and outstanding taxes to date of
consent.
That the applicant provides the secretary-treasurer with
the legal description of the severed land in the form of a
letter or draft transfer prepared by the applicant’s
solicitor.
That the applicant provides one white print of a deposited
plan of reference of the entire land which conforms
substantially with the application as submitted.
Christine Vigneault
905-771-2443
Reasons for approval:
1. The proposal conforms to Section 51(24) as required of the Planning Act.
2. The proposal conforms to the Town of Richmond Hill Official Plan.
3. The proposal conforms to the Provincial Policy Statements as required by Section
3(1) of the Planning Act.
Page 11
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 12
Committee of Adjustment
Staff Report
Agenda Item: B
Application Information:
Consent Application B051/16
Related Applications: D02-15024 (ZBL)
Subject Land: 9623 Bathurst Street
Name of Owner: 2322643 Ontario Inc.
Name of Agent: M. Behar Planning & Design Inc.
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To sever a parcel of land for residential purposes, approximately 9.12 metres (29.92
feet) by irregular, approximately 350.36 square metres (3,771.24 square feet) and retain
a parcel of land approximately 10.36 metres (33.98 feet) by irregular, approximately
373.05 square metres (4,015.47 square feet). A semi-detached dwelling is to be
constructed on the severed and retained land which will have frontage on Pemberton
Road.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: R2
Zoning By-law: By-law No. 2523, as amended
Zoning Provisions:
Minimum Lot Frontage (Corner):10.30 metres (33.9 feet)
Minimum Lot Frontage (Interior):9.0 metres (29.86 feet)
Minimum Lot Area (Corner/Interior):350 square metres (3767.37 square feet)
Minimum Front Yard Setback: 7.62 metres (25 feet)
Minimum Interior Side Yard Setback: 1.52 metres (5 feet)
Minimum Exterior Side Yard Setback: 3 metres (9.84 feet)
Minimum Rear Yard Setback: 7.62 metres (25 feet)
Maximum Lot Coverage: 32%
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Adjacent Land Conditions:
North: Pemberton Road
South: future residential uses
Page 13
East: existing residential use
West: Bathurst Street
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017.
The applicant confirmed posting of public notice sign on January 19, 2017.
Previous and/or Concurrent applications on the subject lands:
B273/82 – New Lot; Approved
B075/89 – Lot Addition; Approved
A045/82 – Lot Area; Denied
A046/82 – Lot Area; Denied
A024/05 – Flankage; Approved
A116/14 – Lot Area, Frontage, Flankage; Approved
B026/16 – Easement; Approved
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The proposed consent application will not create areas of noncompliance with respect
to the Zoning By-Law.
Planning:
The comments received from the Region appear to have an impact on the proposed
development. As such, the application is considered premature at this time. Staff would
recommend deferral of the application until the matters are addressed
Development Engineering:
The Development Engineering Division has reviewed the above noted application and
recommends the inclusion of provisional conditions of consent as indicated herein:
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.
Parks & Natural Heritage:
The property is subject to Tree Preservation By-law No. 41-07. Permits are required
prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition
of any tree removal permit.
Ensure the retained trees are protected during construction in accordance with Town
standards.
Parks staff will continue to work with the applicant via the concurrent planning
applications.
Page 14
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
1. Payment of all current and outstanding taxes to date of consent.
2. Other Comments: Development charges and cash-in-lieu of parkland payments were paid at the building permit stage (R152121)
Powerstream:
No objections (comments attached).
Enbridge:
No response.
Bell Canada:
No objection
York Region – Transportation & Community Planning Department:
York Region has reviewed Consent Application B051/16. With respect to this
application, the Region recommends this application be deferred until such time as
Condition 1, the required Environmental Site Assessment has been satisfied:
1.
The Region requires the Owner to submit to it, in accordance with the
requirements of the Environmental Protection Act and O. Reg. 153/04 Records of
Site Condition Part XV.1 of the Act (as amended) (“O. Reg. 153/04”), a Phase I
environmental site assessment (“Phase I ESA”) of the Owner’s lands that are the
subject of the application, including the lands to be conveyed to the Region (the
“Conveyance Lands”). The Phase I ESA cannot be more than 2 years old as of
the actual date title to the Conveyance Lands is transferred to the Region. If the
Phase I ESA is linked to different phases of development and there will be
multiple conveyances of lands, the Phase I ESA prepared in respect of a specific
conveyance and phase of development cannot be more than two years old as of
the actual date of transfer of title to the Region. If a Phase I ESA is or would be
more than two years old as of the actual date of transfer of title to the Region, the
Phase I ESA will need to be either updated or a new Phase I ESA obtained by
the Owner in accordance with the requirements of this section. The Region, at
its discretion, may require further study, investigation, assessment and
delineation to determine whether any remedial or other action is required
regardless of the findings or conclusions of the Phase I ESA. Any Phase II
environmental site assessment required by or submitted to the Region must be
prepared in general accordance with the requirements of O. Reg. 153/04 (as
noted above). Reliance on the Phase I ESA and any subsequent environmental
reports or other documentation prepared in respect of the environmental
condition of the lands must be provided to the Region and: (i) will be addressed
to “The Regional Municipality of York”; (ii) contain wording to the effect that the
Region is entitled to rely on such reports or documentation in their entirety; and
(iii) the terms and conditions of the reliance extended (including any wording
seeking to limit liability) must be satisfactory to the Region.
Page 15
The Owner shall also provide the Region’s Planning and Economic
Development Department with a certified written statement from the Owner or the
Owner’s authorized representative that no contaminant, pollutant, waste of any
nature, hazardous substance, toxic substance, dangerous goods, or other
substance or material defined or regulated under applicable environmental laws
is present at, on, in or under lands to be conveyed to the Region (including soils,
substrata, surface water and groundwater, as applicable): (i) at the time of
conveyance, at a level or concentration that exceeds the Environmental
Protection Act O. Reg. 153/04 (as amended) full depth generic site condition
standards applicable to the intended use of such lands by the Region or any
other remediation standards published or administered by governmental
authorities applicable to the intended land use; and (ii) in such a manner,
condition or state, or is emanating or migrating from such lands in a way, that
would contravene applicable environmental laws.
Upon completion of the necessary requirements for the ESA, the Region will
require the following conditions of approval to be satisfied:
2. This application is subject to York Region’s development applications processing
fee identified in Bylaw No. A-0380-2006-049. The fee for consent application
review is $790 for the first lot and $150 for each additional lot. The fee must be
submitted so we can proceed with the review. Please forward a certified cheque
in the amount of $790.00 to the York Region Planning and Economic
Development Department, Development Approvals Section, payable to “The
Regional Municipality of York”, to the attention of the Development Review
Coordinator.
3. The Owner shall convey the following lands for public highway purposes, along
the entire frontage of the subject lands abutting Bathurst Street, the Regional
Municipality of York, free of costs and encumbrances:
• Sufficient property to provide a 45 metre(s) Right-of Way across the full
frontage of the site where it abuts Bathurst Street. As such, York Region
requests that all municipal setbacks be referenced from a point 22.5
metre(s) from the centerline of construction of Bathurst Street.
• Sufficient property to provide an appropriate daylighting triangle at the
intersection of Bathurst Street and Pemberton Road.
4. The Owner shall provide a solicitor’s certificate of title in a form satisfactory to the
Regional Solicitor, at no cost to the Region, with respect to the conveyance of
these lands to York Region. Alternatively, the Owner shall submit documentation
to York Region confirming that the existing streetline represents sufficient right­
of-way as required by York Region.
5. The Owner shall arrange for the preparation, review and deposit on title of a
reference plan describing the lands to be conveyed to the Region, as described
above, to the satisfaction of the Regional Planning and Economic Development
Department.
6. The preparation and delivery of the Phase I ESA, any subsequent environmental
reports, other documentation, reliance and the Owner’s certified written
statement shall be provided at no cost to the Region. The fee for Review and
Approval of the Environmental Site Assessment is $1,500.00.
Prior to final approval of the consent application, the Development Review section of the
Planning and Economic Development Department shall certify that the above conditions
have been met to its satisfaction.
Page 16
Toronto & Region Conservation Authority:
No response.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality (Vaughan):
No concerns.
Ministry of Transportation:
Located outside MTO Permit Control Area
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
Reference #
Department / Agency
Contact:
1. Development
Engineering:
Michael Ayers
905-717-6426
2. Finance:
Anna Romano
905-747-6313
3. Region of York
Gabrielle Hurst
1-877-464-9675 ext.
71538
Condition:
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
Payment of all current and outstanding taxes to date of
consent.
This application is subject to York Region’s development
applications processing fee identified in Bylaw No. A­
0380-2006-049. The fee for consent application review
is $790 for the first lot and $150 for each additional lot.
The fee must be submitted so we can proceed with the
review. Please forward a certified cheque in the amount
of $790.00 to the York Region Planning and Economic
Development Department, Development Approvals
Section, payable to “The Regional Municipality of York”,
to the attention of the Development Review Coordinator.
Page 17
4. Region of York
Gabrielle Hurst
1-877-464-9675 ext.
71538
5. Region of York
Gabrielle Hurst
1-877-464-9675 ext.
71538
6. Region of York
Gabrielle Hurst
1-877-464-9675 ext.
71538
7. Region of York
Gabrielle Hurst
1-877-464-9675 ext.
71538
8. Committee of
Adjustment:
Christine Vigneault
905-771-2443
9. Committee of
Adjustment:
Christine Vigneault
905-771-2443
The Owner shall convey the following lands for public
highway purposes, along the entire frontage of the
subject lands abutting Bathurst Street, the Regional
Municipality of York, free of costs and encumbrances:
Sufficient property to provide a 45 metre(s) Right-of Way
across the full frontage of the site where it abuts Bathurst
Street. As such, York Region requests that all municipal
setbacks be referenced from a point 22.5 metre(s) from
the centerline of construction of Bathurst Street.
Sufficient property to provide an appropriate daylighting
triangle at the intersection of Bathurst Street and
Pemberton Road
The Owner shall provide a solicitor’s certificate of title in
a form satisfactory to the Regional Solicitor, at no cost to
the Region, with respect to the conveyance of these
lands to York Region. Alternatively, the Owner shall
submit documentation to York Region confirming that the
existing streetline represents sufficient right-of-way as
required by York Region
The Owner shall arrange for the preparation, review and
deposit on title of a reference plan describing the lands to
be conveyed to the Region, as described above, to the
satisfaction of the Regional Planning and Economic
Development Department.
The preparation and delivery of the Phase I ESA, any
subsequent environmental reports, other documentation,
reliance and the Owner’s certified written statement shall
be provided at no cost to the Region. The fee for Review
and Approval of the Environmental Site Assessment is
$1,500.00
*Recommendation of deferral has been provided
until the Phase I ESA is prepared, delivered and
reviewed by the Region of York.
That the applicant provides the secretary-treasurer with
the legal description of the severed land in the form of a
letter or draft transfer prepared by the applicant’s
solicitor.
That the applicant provides one white print of a deposited
plan of reference of the entire land which conforms
substantially with the application as submitted.
Reasons for approval:
1. The proposal conforms to Section 51(24) as required of the Planning Act.
2. The proposal conforms to the Town of Richmond Hill Official Plan.
3. The proposal conforms to the Provincial Policy Statements as required by Section
3(1) of the Planning Act.
Page 18
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 19
Committee of Adjustment
Staff Report
Agenda Item: C
Application Information:
Consent Application B053/16
Related Applications: None.
Subject Land: 58 & 60 Grasslands Avenue
Name of Owner: Jiudong Bian & Yuting Liu
Name of Agent: David Liang, Barrister & Solicitor
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To sever a parcel of land for residential purposes, approximately 7.50 metres (24.60
feet) by 23.50 metres (77.09 feet), approximately 176.25 square metres (1,897.13
square feet) and retain a parcel of land approximately 7.50 metres (24.60 feet) by 23.50
metres (77.09 feet), approximately 176.25 square metres (1,897.13 square feet). The
severed and retained land will have frontage onto Grasslands Avenue and the existing
townhomes will remain.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Residential Wide Shallow Three (RWS3) Zone
Zoning By-law: By-law No. 278-96, as amended
Zoning Provisions:
Minimum Lot Frontage: 7.5 metres (24.6 feet)
Minimum Lot Area: 175.00 square meters (1,884 square feet)
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Site Conditions:
The subject lands are located on the north side of Grasslands Avenue, west of Silver
Linden Drive. The lands abut residential uses on all four sides. The lands support a
two townhouse dwellings.
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017.
Page 20
The applicant confirmed posting of public notice sign on January 23, 2017.
Previous and/or Concurrent applications on the subject lands: None
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The proposed consent application will not create areas of noncompliance with respect
to the Zoning By-Law.
Planning:
The applicant’s consent is requested because the owner of one of the townhouses
purchased the abutting unit under the same name, thereby causing the two properties
to merge in title. The owner wishes to separate the ownership of the two units so they
can be separately conveyed.
Given that the two townhouse units have existed for some time and the request is
considered a “technical severance”, Planning staff supports the consent. In this regard,
the requested consent meets the intent of the Official Plan and conforms to the
provisions of the applicable Zoning By-law.
Staff recommends that consent application B053/16 be approved.
Development Engineering:
The Development Engineering Division has reviewed the above noted application and
recommends the inclusion of provisional conditions of consent as indicated herein:
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.
Parks & Natural Heritage:
Parks staff has no comments on the application.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
1. Payment of all current and outstanding taxes to date of consent.
Powerstream:
No objections (comments attached).
Enbridge:
No response.
Page 21
Bell Canada:
No objection.
York Region – Transportation & Community Planning Department:
No response.
Toronto & Region Conservation Authority:
No response.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Outside MTO Permit Control Area
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
Reference #
Department / Agency
Contact:
1. Development
Engineering:
Michael Ayers
905-717-6426
2. Finance:
Anna Romano
905-747-6313
3. Committee of
Adjustment:
Christine Vigneault
905-771-2443
4. Committee of
Adjustment:
Christine Vigneault
905-771-2443
Condition:
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
Payment of all current and outstanding taxes to date of
consent.
That the applicant provides the secretary-treasurer with
the legal description of the severed land in the form of a
letter or draft transfer prepared by the applicant’s
solicitor.
That the applicant provides one white print of a deposited
plan of reference of the entire land which conforms
substantially with the application as submitted.
Reasons for approval:
1. The proposal conforms to Section 51(24) as required of the Planning Act.
2. The proposal conforms to the Town of Richmond Hill Official Plan.
3. The proposal conforms to the Provincial Policy Statements as required by Section
3(1) of the Planning Act.
Page 22
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 23
Committee of Adjustment
Staff Report
Agenda Item: D
Application Information:
Minor Variance Application A088/14
Related Applications: None.
Subject Land: 21 Birch Avenue
Name of Owner: Francesco Soscia
Name of Agent: KLM Planning Partners Inc..
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To provide relief from the provisions of By-law 2523, as amended, to permit a reduced
minimum front yard setback from 7.62 metres (25.00 feet) to 4.50 metres (14.76 feet), a
reduced minimum rear yard setback (from the edge of the flood zone) from 7.62 metres
(25.00 feet) to 0.24 metres (0.78 feet), a reduced minimum interior side yard setback
(east) from 1.52 metres (5.00 feet) to 1.20 metres (3.93 feet) and a reduced minimum
interior side yard setback (west) from 1.52 metres (5.00 feet) to 1.31 metres (4.29 feet)
to accommodate the construction of a proposed single family dwelling.
Present Designation:
Official Plan: Neighbourhood and Natural Core
Zoning Classification: Third Density Residential (R3) Zone and Flood (F) Zone
Zoning By-law: By-law No. 2523, as amended
Zoning Provisions:
Minimum Lot Frontage: 15.24 metres (50.00 feet)
Minimum Lot Area: 557.4 square metres (6,000.00 square feet)
Minimum Front Yard Setback: 4.5 metres (14.76 feet)
Minimum Side Yard Setback: 7.62 metres (25.00 feet)
Minimum Rear Yard Setback: 7.62 metres (25.00 feet)
Maximum Building Height: 10.67 metres (35.00 feet)
Maximum Lot Coverage: 30%
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Site Conditions:
The subject lands are located on the south side of Birch Avenue, west of Avenue Road.
The property is the site of a former residence that was destroyed by fire. The area
Page 24
surrounding the subject lands is comprised of existing residential. A tributary and
associated valley corridor of the East Don River traverses the subject lands to the south
of the proposed dwelling
Comments Received From Municipal Departments & Outside Agencies:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017.
The applicant confirmed posting of public notice sign in accordance with the Planning
Act on January 30, 2017
Previous and/or Concurrent applications on the subject lands:
B048/71 - New Lot; Approved
B121/79= New Lot; Approved
B122/79 – New Lot; Approved
B123/79 – New Lot; Approved
A108/79 – SYS; Approved
B051/81 – New Lot; Approved
B052/81 – New Lot; Approved
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The requested variance is correct, however please note:
The elevation plan does not accurately depict the proposed height of the dwelling
however it appears to be less than the maximum permitted 35 feet (10.67 metres).
Please ensure the dwelling does not exceed the maximum permitted height at the
building permit stage, otherwise an additional variance may be required. In addition
please note that the front porch, including steps, cannot encroach further than 3 feet
(0.91 metres) into the minimum required front yard setback. If the porch/steps encroach
more than 3 feet, an additional variance will be required.
Planning:
The applicant is requesting a minor variance from the minimum front yard, rear yard and
side yard setback requirements of the Zoning By-law in order to facilitate the
construction of a proposed single detached dwelling on the subject lands. The owner
has specifically requested a decrease in the front yard setback from 7.62 metres (25.00
feet) to 4.5 metres (14.76 feet), a decrease in the rear yard setback from 7.62 metres
(25.00 feet) to 0.24 metres (0.78 feet), a decrease in the east side yard from 1.52
metres (5.00 feet) to 1.2 metres (3.93 feet) and a decrease in the west side yard from
1.52 metres (5.00 feet) to 1.31 metres (4.29 feet).
Page 25
Staff is currently working with the applicant to define the environmental feature and
buffer limits to the rear of the proposed dwelling and to confirm the variances requested.
As such, the application is considered premature at this time and should be deferred.
Development Engineering:
No concerns of objections.
Parks & Natural Heritage:
The subject property contains Natural Core area and is part of the Greenway System as
designated in the Official Plan. In light of this the applicant must:
1. Provide a development sketch which includes:
•
•
•
•
Key hydrologic features and key natural heritage features and minimum
vegetation protection zones (MVPZ)
Identify the location of fish habitat, significant valleyland, permanent and
intermittent streams and identify the MVPZ (30 metres)
Identify the location of significant woodland and identify the MVPZ (10 metres)
Identify the location of significant wildlife habitat and significant portions of habitat
of endangered, rare and threatened species (MVPZ as per recommendations of
the natural heritage evaluation)
2. Demonstrate there will be no negative impacts on the environmental features or their
functions and the proposed development can achieve the MVPZ required in the
Official Plan.
The application is considered premature at this time and should be deferred.
The property is subject to Tree Preservation By-law No. 41-07. A permit is required
from the Town prior to destroying or injuring trees, including neighbouring trees.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No objections (comments attached).
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No objection.
Page 26
Toronto & Region Conservation Authority:
TRCA staff have no objection to the above noted application as currently submitted,
subject to the following condition:
1. The applicant successfully obtains a permit under Ontario Regulation 166/06, as
amended, for the proposed dwelling and any related grading works supported by
required technical studies such as a Geotechnical Assessment (top-of-slope) of the
eastern slope located on 28 Avenue Road.
2. That the applicant remits the outstanding TRCA Planning Services review fee of
$550.00.
*TRCA correspondence has been attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Outside MTO Permit Control Area
Ministry of Housing (Parkway Belt West Plan):
No objections.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
3. The applicant successfully obtains a permit under Ontario Regulation 166/06, as
amended, for the proposed dwelling and any related grading works supported by
required technical studies such as a Geotechnical Assessment (top-of-slope) of the
eastern slope located on 28 Avenue Road.
4. That the applicant remits the outstanding TRCA Planning Services review fee of
$550.00.
Reasons for approval:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the
subject lands.
4. The requested variance(s) is/are minor in nature.
Page 27
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Public Correspondence Received:
Letter of Concern – 44 Maryvale Crescent
Page 28
Committee of Adjustment
Staff Report
Agenda Item: E
Application Information:
Minor Variance Application A111/16
Related Applications: None.
Subject Land: 418 Bent Crescent
Name of Owner: Shliyu Zeng
Name of Agent: Bijan Jamali, Bijan Homes Limited
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
interior side yard setback (east) from 1.83 metres (6.00 feet) to 1.52 metres (5.00 feet),
reduced interior side yard setback (west) from 1.83 metres (6.00 feet) to 1.51 metres
(4.95 feet) and increased maximum lot coverage from 30.00% to 35.19% to
accommodate the construction of a proposed single family dwelling.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Residential Second Density (R2) Zone
Zoning By-law: By-law No. 66-71, as amended
Zoning Provisions:
Minimum Lot Frontage: 15.24 metres (50.0 feet)
Minimum Lot Area: 464.5 square metres (5,000.0 square feet)
Minimum Front Yard Setback: 6.1 metres (20.0 feet) or Established Building Line
Minimum Side Yard Setback: 1.83 metres (6.0 feet)
Minimum Rear Yard Setback: 7.62 metres (25.0 feet)
Maximum Building Height: 10.67 metres (35.0 feet)
Maximum Lot Coverage: 30%
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Site Conditions:
The subject lands are located on the south side of Bent Crescent, west of Bayview
Avenue and south of Centre Street East. The lands abut Bent Crescent to the north,
and residential uses to the east, west and south. The subject lands currently support
a one-storey single detached dwelling that is to be demolished.
Page 29
The subject lands are situated within a residential neighbourhood primarily
characterized by bungalows and 1 ½ storey single detached dwellings constructed in
the 1950s. However, development activity within the past several years has resulted
in the redevelopment of a number of properties within the neighbourhood, signifying
a trend towards larger, two-storey single detached dwellings.
Comments Received From Municipal Departments & Outside Agencies:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017.
The applicant confirmed posting of public notice sign on January 27, 2017
Previous and/or Concurrent applications on the subject lands: None.
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The requested variance is correct.
Planning:
The applicant is requesting relief from Zoning By-law 66-71, as amended, to permit the
construction of a new two-storey single detached dwelling on the subject lands. In
support of this request, the following variances are proposed:
•
•
•
increased maximum lot coverage from 30%, as permitted, to 35.91%, as proposed;
reduced minimum east side yard setback from 1.83 metres (6.0 feet), as required, to
1.52 metres (5.0 feet), as proposed; and,
reduced minimum west side yard setback from 1.83 metres (6.0 feet), as required, to
1.51 metres (4.95 feet), as proposed.
Planning staff has reviewed the applicant’s development proposal and concludes that
the requested variances are reasonable in consideration of the broader context of the
neighbourhood. It should be noted that the request for reduced side yard setbacks and
increased lot coverage are consistent with previous requests for relief approved by the
Committee of Adjustment in the vicinity of the subject lands and are generally in keeping
with the redevelopment patterns in 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 considered 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 A111/16 be approved.
Page 30
Development Engineering:
The applicant must have an approved grading plan prior to the building permit stage.
Provided that a reverse driveway is not proposed Development Engineering has no
concerns or objections.
*The applicant has been advised that a reverse driveway will not be supported and has
confirmed that the proposed garage will not have a reverse driveway.
Parks & Natural Heritage:
The property is subject to Tree Preservation By-law No. 41-07. Permits are required
prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition
of any tree removal permit.
Ensure trees to be retained are protected during construction in accordance with Town
guidelines, particularly Tree #1, a 55cm DBH Blue Spruce.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No objections (comments attached).
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No objections.
Toronto & Region Conservation Authority:
No response.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
No objections.
Ministry of Housing (Parkway Belt West Plan):
Not circulated.
Page 31
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Reasons for approval:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the
subject lands.
4. The requested variance(s) is/are minor in nature.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 32
Committee of Adjustment
Staff Report
Agenda Item: F
Application Information:
Minor Variance Application A112/16
Related Applications: None.
Subject Land: 60 Skywood Drive
Name of Owner: Alton & Roula Johnson
Name of Agent: Zanjani Architect Inc.
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To provide relief from the provisions of By-law 235-97, as amended, to permit an
increased maximum encroachment into the conservation easement from 0.00 metres
(0.00 feet) to 2.50 metres (8.20 feet) to accommodate the construction of a proposed inground swimming pool.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Residential Wide Shallow One (RWS1) Zone
Zoning By-law: By-law No. 235-97, as amended by 243-00.
Zoning Provisions:
Minimum Lot Frontage: 13.5 m (44.3 ft.)
Minimum Lot Area: 310.0 sq. m (3,336.8 sq. ft.)
Minimum Rear Yard Setback: 6.0 m (19.7 ft.) or where a Conservation Easement is
registered on title, the minimum rear yard is 5.5 m (18.0 ft.) from the interior
boundary of the Conservation Easement.
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Site Conditions:
The subject lands are located on the west side of Skywood Drive, west of Rollinghill
Road.The lands contain a one storey single detached dwelling.
Comments Received From Municipal Departments & Outside Agencies:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Page 33
Public notice was mailed on January 26, 2017.
The applicant confirmed posting of public notice sign on January 20, 2017
Previous and/or Concurrent applications on the subject lands: None.
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The requested variance is correct.
Planning:
The proposed variance is to permit an encroachment into the existing 10.0 metre (32.8
feet) conservation easement within the rear yard of the property. The Conservation
Easement is in favour of the Town of Richmond Hill and is there for the protection of the
abutting valleyland vegetation and/or slope stability. The existing top of bank is located
within the property, close to the rear property line.
The existing rear yard is a manicured grass lawn, free of significant vegetation. The
proposed swimming pool is to be located a minimum of 6.0 metres (19.7 feet) from the
top of bank and the applicant intends to provide restoration landscaping at the rear of
the property.
Based on the aforementioned, Planning staff is of the opinion that the request is
considered to be minor in nature, 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.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff requests the following condition:
That the applicant implement a restoration plan consistent with the TRCA permit and
the Town conservation easement permission through the pool permit process, and that
securities be provided to guarantee the restoration work.
The property is subject to Tree Preservation By-law No. 41-07. Permits are required
prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition
of any tree removal permit.
Ensure trees to be retained are protected during construction in accordance with Town
guidelines.
By-law Enforcement:
No response.
Page 34
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No objections (comments attached).
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No response.
Toronto & Region Conservation Authority:
TRCA staff have no objection to the above noted application as currently submitted,
subject to the following conditions:
5. The applicant successfully obtains a permit under Ontario Regulation 166/06, as
amended, for the proposed works. As part of this permit process, a Restoration
Planting Plan must be submitted to the satisfaction of the TRCA.
6. That the applicant remits the outstanding TRCA Planning Services review fee of
$550.00 within 60 days of this letter.
*TRCA correspondence attached.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Outside MTO Permit Control Area
Ministry of Housing (Parkway Belt West Plan):
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
Page 35
2.
3.
4.
5.
That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
That the applicant implement a restoration plan consistent with the TRCA permit and
the Town conservation easement permission through the pool permit process, and
that securities be provided to guarantee the restoration work.
The applicant successfully obtains a permit under Ontario Regulation 166/06, as
amended, for the proposed works. As part of this permit process, a Restoration
Planting Plan must be submitted to the satisfaction of the TRCA.
That the applicant remits the outstanding TRCA Planning Services review fee of
$550.00 within 60 days of this letter.
Reasons for approval:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the
subject lands.
4. The requested variance(s) is/are minor in nature.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Public Correspondence Received:
Letter of Support – 58 Skywood Drive
Letter of Support – 62 Skywood Drive
Page 36
Committee of Adjustment
Staff Report
Agenda Item: G
Application Information:
Minor Variance Application A113/16
Related Applications: None.
Subject Land: 169 Richmond Street (Part of Lot 139, Plan 12003, Designated as Part
3 on Plan 65R-36358)
Name of Owner: Marc & Jessica Bombini
Name of Agent: Matjaz Skube, Univative Designs Inc.
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To provide relief from the provisions of By-law 66-71, as amended, to permit reduced
interior side yard setbacks (east and west) to top of second storey from 3.00 metres
(9.84 feet) to 1.50 metres (4.92 feet), increased maximum gross floor area from 241.91
m2 (2,603.89 ft2) to 469.15 m2 (5,049.88 ft2), increased maximum building height from
8.50 metres (27.88 feet) to 11.86 metres (38.91 feet) and increased maximum driveway
width from 6.00 metres (19.68 feet) to 12.60 metres (41.33 feet) to accommodate the
construction of a proposed single family dwelling.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Single Family Two (R2) Zone
Zoning By-law: By-law No. 66-71, as amended
Zoning Provisions:
Minimum Lot Frontage: 15.24 metres (50 feet)
Minimum Lot Area: 464.52 square metres (5000.0 square feet)
Minimum Front Yard Setback: 9.10 metres (29.86 feet)
Minimum Side Yard Setback: 1.50 metres (4.92 feet) to top of first storey and 3.00
metres (9.84 feet) to top of second storey
Minimum Rear Yard Setback: 7.62 metres (25.0 feet)
Maximum Building Height: 8.50 metres (27.89 feet)
Maximum Gross Floor Area: 241.91 square metres (2,603.89 square feet)
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Page 37
Site Conditions:
The subject lands are located on the north side of Richmond Street, east of Trench
Street and currently support an accessory structure. The subject lot was created
through an associated Consent (B047-15) and Minor Variance (A115-15 and A116-15)
applications. The applicant is proposing to construct a new two-storey single detached
dwelling on the subject lands and is currently proceeding through the Town’s Site Plan
Approval Process.
Adjacent Land Conditions:
North: Residential
South: Richmond Street
East: Residential
West: Residential
Comments Received From Municipal Departments & Outside Agencies:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017.
The applicant confirmed posting of public notice sign on January 25, 2017
Previous and/or Concurrent applications on the subject lands:
D06-16030 – Site Plan (Concurrent Application)
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision. Approved building height to be applied only to a “flat
roof” for zoning purposes (to be applied to the top of flat roof)
Planning & Regulatory Services Department
Building / Zoning:
The requested variance is correct.
Planning:
The proposed variances are requested to facilitate the construction of a new two-storey
single detached dwelling on the subject property. In support of this request, the
following variances are proposed:
• Increased Maximum Gross Floor Area (GFA) from 241.91 square metres (2,603.89
square feet) as required, to 469.15 square metres (5,049.88 square feet) as
proposed;
• Increased Maximum Height from 8.50 metres (27.88 feet) as required, to 11.86
metres (38.91 feet) as proposed;
• Reduced Minimum Side Yard Setback (east) from 3.00 metres (9.84 feet) as
required, to 1.50 metres (4.92 feet) as proposed;
• Reduced Minimum Side Yard Setback (west) from 3.00 metres (9.84 feet) as
required, to 1.50 metres (4.92 feet) as proposed; and,
• Maximum Driveway Width from 6.00 metres (19.68 feet) as required, to 12.60
metres (41.33 feet) as proposed.
Page 38
It should be noted that through the Site Plan Approval process, the applicant revised the
proposal as a result of comments from Planning and Urban Design staff in order to
address concerns regarding the placement of the proposed dwelling, façade, and
garage. As such, the proposed variances are required in order to accommodate
Planning staff’s comments.
Planning staff have reviewed the application and note that the proposed development
standards are considered appropriate. The surrounding neighbourhood has witnessed
continuous redevelopment, with many one-storey single detached dwellings being
redeveloped into substantially larger two-storey single detached dwellings with attached
garages. Therefore, the applicant’s proposal is consistent with the existing pattern of
development within the neighbourhood and along Richmond Street. The applicant’s
request for increased GFA and height, as well as reduced side yard setbacks are
consistent with variances previously approved by the Committee of Adjustment along
Richmond Street.
Planning staff has reviewed the proposed minor variance application and believes that
the proposal meets the four (4) prescribed tests set out in Section 45.1 of the Planning
Act in that the requested variance is considered to be minor in nature, is desirable for
the appropriate development of the subject land, and maintains the general intent and
purpose of the applicable Official Plan and Zoning By-law. Planning staff recommends
approval of the minor variance application A113/16.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
The property is subject to Tree Preservation By-law No. 41-07. Permits are required
prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition
of any tree removal permit.
Ensure trees to be retained are protected during construction in accordance with Town
guidelines, including Town owned trees.
By-law Enforcement:
No response.
Heritage:
No response.
Corporate & Financial Services:
Not circulated.
Powerstream:
No objections (comments attached).
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
Page 39
York Region – Transportation & Community Planning Department:
No objections.
Toronto & Region Conservation Authority:
No response.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Outside MTO Permit Control Area
Ministry of Housing (Parkway Belt West Plan):
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
3. Approved building height to be applied only to a “flat roof” for zoning purposes (to be
applied to the top of flat roof)
Reasons for approval:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the
subject lands.
4. The requested variance(s) is/are minor in nature.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 40
Committee of Adjustment
Staff Report
Agenda Item: H
Application Information:
Minor Variance Application A114/16
Related Applications: None.
Subject Land: 37 Rockport Crescent
Name of Owner: Junquian Fan
Name of Agent: Shenshu Zhang, Taes Architects Inc.
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
minimum interior side yard setback (east) from 1.83 metres (6.00 feet) to 1.68 metres
(5.51 feet), a reduced minimum interior side yard setback (west) from 1.83 metres (6.00
feet) to 1.80 metres (5.90 feet) and increased maximum lot coverage from 30% to
33.30 % to accommodate construction of a proposed single family dwelling.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Residential Second Density (R2) Zone
Zoning By-law: By-law No. 66-71, as amended
Zoning Provisions:
Minimum Lot Frontage: 15.24 m. (50 ft.)
Minimum Lot Area:464.52 sq. m. (5,000 sq. ft.)
Minimum Front Yard Setback: Established Building Line
Minimum Side Yard Setback (two-storey): 1.83 m. (6.0 ft.)
Minimum Rear Yard Setback: 7.62 m. (25 ft.)
Maximum Lot Coverage: 30 %
Maximum Height: 8.5 m. (28 ft.)
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Site Conditions:
The subject lands are the north side of Rockport Crescent, west of Millerdale Road. The
lands are surrounded by existing residential properties. The subject lands contain an
existing one storey residential dwelling that is proposed to be demolished.
Page 41
Comments Received From Municipal Departments & Outside Agencies:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017
The applicant confirmed posting of public notice sign on January 26, 2017
Previous and/or Concurrent applications on the subject lands: None.
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The requested variance is correct.
Planning:
The subject property is located within an established residential area that is composed
of older one-storey, single-detached dwellings. The requested minor variances are to
facilitate the construction of a new single detached dwelling on the subject lands. The
owner has specifically requested an increase in lot coverage from 30% to 33.3% and
side yard reductions from 1.83 metres (6.0 Feet) to 1.68 metres (5.5 feet) (east side)
and 1.80 metres (5.9 feet) (west side). No other relief is requested.
Planning staff has reviewed the requested minor variances sought to facilitate the
proposed single detached dwelling and is of the opinion that the request is considered
to be minor in nature, 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.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
The property is subject to Tree Preservation By-law No. 41-07. Permits are required
prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition
of any tree removal permit.
Ensure trees to be retained are protected during construction, as per the Arborist Report
that companied the application.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Page 42
Corporate & Financial Services:
Not circulated.
Powerstream:
No objections (comments attached).
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No objections.
Toronto & Region Conservation Authority:
No response.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Outside MTO Permit Control Area
Ministry of Housing (Parkway Belt West Plan):
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Reasons for approval:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the
subject lands.
4. The requested variance(s) is/are minor in nature.
Page 43
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 44
Committee of Adjustment
Staff Report
Agenda Item: I
Application Information:
Minor Variance Application A001/17
Related Applications: None.
Subject Land: 290 Palmer Avenue
Name of Owner: ESL Enterprise Inc.
Name of Agent: Mansour Ataollahi
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To provide relief from the provisions of By-law 66-71, as amended, to permit a reduced
minimum front yard setback from established building line from 10.30 metres (33.79
feet) to 7.77 metres (25.49 feet), reduced minimum interior side yard setback (east)
from 2.11 metres (6.92 feet) to 1.20 metres (3.94 feet), reduced minimum interior side
yard setback (west) from 2.11 metres (6.92 feet) to 1.20 metres (3.94 feet), increased
maximum gross floor area from 232.25 square metres (2,500.00 square feet) to 316.70
square metres (3,408.93 square feet), increased maximum lot coverage from 30.00% to
34.60%, and increased maximum building height from 8.50 metres (27.89 feet) to 9.41
metres (30.87 feet) to accommodate the construction of a proposed single family
dwelling.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Residential Second Density (R2) Zone
Zoning By-law: By-law No. 66-71, as amended by 212-92.
Zoning Provisions:
Minimum Lot Frontage: 15.24 m. (50 ft.)
Minimum Lot Area: 464.52 sq. m. (5,000 sq. ft.)
Minimum Front Yard Setback: Established Building Line
Minimum Side Yard Setback (two-storey): 2.11 m. (6.92 ft.)
Minimum Rear Yard Setback: 7.62 m. (25 ft.)
Maximum Lot Coverage: 30 %
Maximum Height: 8.5 m. (28 ft.)
Maximum Gross Floor Area: 232.25 sq.m (2,500.00 sq.ft)
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Page 45
Site Conditions:
The subject lands are located on the south side of Palmer Avenue in the south-west
quadrant of Bayview Avenue and Major Mackenzie Drive East. The lands contain a one
storey single detached dwelling that is proposed to be demolished and is surrounded by
existing low density residential lands.
Comments Received From Municipal Departments & Outside Agencies:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017.
The applicant confirmed posting of public notice sign on January 25, 2017
Previous and/or Concurrent applications on the subject lands: None
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The requested variances are correct, however please note:
Although the applicant has confirmed that the front porch will not encroach further than
the maximum permitted 2.44 metres (8.00 feet) setback into the minimum required front
yard of 7.77 metres, the front porch has not been dimensioned on the site plan. The
porch, including the front steps, must maintain this maximum front yard encroachment
at time of building permit, or another minor variance application will be required.
Applicant has confirmed that the roof is pitched.
Planning:
The proposed variances are requested to facilitate the construction of a new two-storey
single detached dwelling on the subject property. To facilitate the proposed
development, the applicant is seeking relief from the following provisions of By-law 66­
71 as amended:
1. an increase to maximum gross floor area from 232.25 sq. m (2,499.92 sq. ft.) as
required, to 316.70 sq. m. (3,48.93 sq. ft.);
2. an increase to maximum lot overage from 30% as required to 34.60%;
3. a reduced minimum front yard setback from 10.30 m (33.79 ft.) to 7.77 m (25.49 ft.);
4. an increase to the maximum building height from 8.50 m. (27.89 ft.) to 9.41 m (30.87
ft.); and;
5. a reduction to the side yard setbacks from 2.11 m (6.92 ft.) to 1.20 m (3.94 ft.).
The subject property is located within an established residential area that is composed
of older one-storey single-detached dwellings and some newer two storey singledetached dwellings. Most of the redevelopment in the area from Weldrick Road to Major
Mackenzie Drive and between Yonge Street and Bayview Avenue have been
Page 46
concentrated on the west side of the CN railway. However, transitions have also started
to occur on the east side of the railway which is the general area of the subject lands.
Zoning By-law No. 212-92 was passed by Council in order to implement additional
zoning provisions to restrict the construction of “monster homes” in this general area.
The proposed variances will have the effect of facilitating the construction of a larger
home than existed on the property and on some of the adjacent properties on the street
however, the new dwelling is not considered excessive and out of character with the
changing neighbourhood. The proposed variances also reflect newer development
standards that are imposed in new developments across Town. It should be noted that
the proposed reduction in the front yard setback is to acknowledge the existing front
yard setback of the existing dwelling. The proposed new dwelling will maintain the
existing front yard setback which is in keeping with the front yard setback of the
dwellings to the immediate west of the subject property and is consistent with the
setbacks of the dwellings at the east end of Palmer Avenue.
Based on the aforementioned, Planning staff are of the opinion that the proposed
minor variances for increases in the lot coverage and maximum gross floor area
meets the four (4) prescribed tests set out in Section 45.1 of the Planning Act in that
the requested variances are considered to be minor in nature, are 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.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
The property is subject to Tree Preservation By-law No. 41-07. Permits are required
prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition
of any tree removal permit.
There is at least one tree larger than 20 cm DBH on site. Ensure healthy mature trees
(to be determined by a qualified arborist at the landowner’s expense) are protected
during construction, in accordance with Town standards.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No objections (comments attached).
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
Page 47
York Region: Transportation & Community Planning Department:
No objections.
Toronto & Region Conservation Authority:
No response.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Outside of MTO Permit Control Area
Ministry of Housing (Parkway Belt West Plan):
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
3. That approved building height be applied only to a “pitched roof” for zoning
purposes.
Reasons for approval:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the
subject lands.
4. The requested variance(s) is/are minor in nature.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 48
Committee of Adjustment
Staff Report
Agenda Item: J
Application Information:
Minor Variance Application A002/17
Related Applications: None.
Subject Land: 36 Palmer Avenue
Name of Owner: Shahin Razavitabrizi
Name of Agent: Nima Khorramdel
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To provide relief from the provisions of By-law 66-71, as amended, to permit increased
maximum gross floor area from 265.00 square metres (2,852.43 square feet) to 376.64
square metres (4,054.12 square feet) and increased maximum lot coverage from
30.00% to 35.00% to accommodate the construction of a proposed single family
dwelling.
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Residential Second Density (R2) Zone
Zoning By-law: By-law No. 66-71, as amended by 212-92.
Zoning Provisions:
Minimum Lot Frontage: 15.24 m. (50 ft.)
Minimum Lot Area: 464.52 sq. m. (5,000 sq. ft.)
Minimum Front Yard Setback: Established Building Line
Minimum Side Yard Setback (two-storey): 2.11 m. (6.92 ft.)
Minimum Rear Yard Setback: 7.62 m. (25 ft.)
Maximum Lot Coverage: 30 %
Maximum Height: 8.5 m. (28 ft.)
Maximum Gross Floor Area: 265 sq.m (2,852.43 sq.ft)
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Site Conditions:
The subject lands are located on the south side of Palmer Avenue, east of Yonge Street
and north of Harding Boulevard. The lands contain a one storey single detached
Page 49
dwelling that is proposed to be demolished and is surrounded by existing low density
residential lands.
Comments Received From Municipal Departments & Outside Agencies:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 27, 2017.
The applicant confirmed posting of public notice sign on January 26, 2017
Previous and/or Concurrent applications on the subject lands: None.
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The requested variances are correct, however please note:
Zoning staff cannot confirm compliance with maximum building height based on the
information provided.
Planning:
The proposed variances are requested to facilitate the construction of a new two-storey
single detached dwelling on the subject property. To facilitate the proposed
development, the subject minor variance application is specifically seeking relief from
the following provisions of By-law 66-71, as amended:
1. Maximum Gross Floor Area - an increase from 265 sq. m (2,852.43 sq. ft.) as
required, to 376.64 sq. m. (4,054.12 sq. ft.); and,
2. Maximum Lot Coverage - an increase from 30% as required to 35%.
The subject property is located within an established residential area that has been
experiencing redevelopment in recent years. The neighbourhood is predominantly
composed of older one-storey single-detached dwellings and a number of newer two
storey single-detached dwellings. The proposed new dwelling to be constructed,
albeit slightly larger than the by-law permits in terms of gross floor area and
maximum lot coverage, is able to meet all other development standards of the zone
category. As such, the proposed new dwelling is considered to be compatible with
the transitional nature of the neighbourhood.
Based on the aforementioned, Planning staff are of the opinion that the proposed minor
variances for increases in the lot coverage and maximum gross floor area meets the
four (4) prescribed tests set out in Section 45.1 of the Planning Act in that the requested
variances are considered to be minor in nature, are 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.
Page 50
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff understands the applicant has reversed (i.e. flipped) the design to
accommodate our request to retain Tree #1, a 23cm DBH Tulip Tree. With this change,
parks staff has no comments on the application.
The property is subject to Tree Preservation By-law No. 41-07. Permits are required
prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition
of any tree removal permit.
Ensure trees to be retained are protected during construction in accordance with Town
guidelines.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No objections (comments attached).
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No objections.
Toronto & Region Conservation Authority:
No response.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Outside of MTO Permit Control Area
Ministry of Housing (Parkway Belt West Plan):
Not circulated.
Page 51
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Reasons for approval:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the
subject lands.
4. The requested variance(s) is/are minor in nature.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 52
Committee of Adjustment
Staff Report
Agenda Item: K
Application Information:
Minor Variance Application A003/17
Related Applications: 19CDM(R)-12004 (Town File: D05-12004)
Subject Land: 76 Rossini Drive
Name of Owner: Brushwood on Bathurst Inc.
Name of Agent: George Pietracci
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To provide relief from the provisions of By-law 313-96, as amended by By-law 295-99,
to permit reduced minimum lot frontage for Parcel 1 (as shown on the submitted “sketch
for frontage and area calculations”) from 30.00 metres (48.42 feet) to 28.17 metres
(92.43 feet) to facilitate registration of a common element condominium (19CDM (R)­
12004).
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Multiple Residential One (RM1) Zone
Zoning By-law: By-law No. 313-96 as amended
Zoning Provisions:
Minimum Lot Frontage: 30.00 metres (98.43 feet)
Minimum Lot Area: Not applicable
Minimum Front Yard Setback: 4.5 metres (14.76 feet)
Minimum Side Yard Setback: 1.5 metres (4.92 feet)
Minimum Rear Yard Setback: 7.5 metres (24.61 feet)
Maximum Building Height: 11.0 metres (36.09 feet)
Maximum Lot Coverage: 50%
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Site Conditions:
The subject lands are located on the northeast corner of Bathurst Street and Puccini
Drive. The area surrounding the subject lands is undergoing infill redevelopment
comprising singles, semis and townhouse forms of residential development. A Site Plan
application (D06-09060) was submitted in October of 2009 to facilitate a condominium
Page 53
development comprised of 40 townhouse units and 8 semi-detached dwellings on a
private road that has access to Rossini Drive. In March of 2012, the Site Plan
Agreement was registered. In June of 2012, an application for draft Plan of
Condominium (D05-12004) was submitted to facilitate a common element condominium
on the subject lands with the common elements comprising the common lanes,
sidewalks, curbs, etc. In February of 2013, Council approved the draft Plan of
Condominium and issued conditions of draft approval. The applicant is currently working
to satisfy the conditions of draft approval.
Comments Received From Municipal Departments & Outside Agencies:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017.
The applicant confirmed posting of public notice sign on January 25, 2017
Previous and/or Concurrent applications on the subject lands: None.
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The requested variances are correct.
Planning:
The applicant is requesting a minor variance from the minimum lot frontage
requirements of the Zoning By-law in order to create a tied parcel of land which will
serve to facilitate the approved development that is nearing completion. The particular
tied parcel of land, which is referred to as parcel 1 on the sketch submitted with the
application, has a frontage of approximately 28.17 metres (92.42 feet), whereas the By­
law requires a minimum lot frontage of 30.00 metres (98.43 feet). The variance amounts
to 1.83 metres (6.00 feet).
Staff has reviewed the application and is satisfied that the proposed minor variance will
not impact adjoining lands or impact the final condominium layout of the subject lands.
As it has been noted earlier, the development has been previously approved and is
nearing completion.
Planning staff is therefore satisfied that the requested minor variance meets the four (4)
prescribed tests set out in Section 45.1 of the Planning Act in that it is considered to be
minor in nature, is desirable for the appropriate development of the subject land, and
maintains the general intent and purpose of the applicable Official Plan and Zoning By­
law.
Planning staff therefore recommends that minor variance application A003/17 be
approved
Page 54
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
Parks staff has no comments on the application. Previous comments were provided
through review of Plan of Condominium application D05-12004
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No objections (comments attached).
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No objections.
Toronto & Region Conservation Authority:
No response.
CN Rail:
Not circulated.
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
No objections.
Ministry of Housing (Parkway Belt West Plan):
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
Page 55
Reasons for approval:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the
subject lands.
4. The requested variance(s) is/are minor in nature.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 56
Committee of Adjustment
Staff Report
Agenda Item: L
Application Information:
Minor Variance Application A004/17
Related Applications: None.
Subject Land: 85 Edgar Avenue
Name of Owner: Alreza Radfarma & Mehrnoush Shajari
Name of Agent: Victor Guitberg
Committee of Adjustment Meeting Date: February 9, 2017
The Request:
To provide relief from the provisions of By-law 2523, as amended, to permit a reduced
minimum interior side yard setback (east) from 1.52 metres (5.00 feet) to 1.00 metres
(3.28 feet), a reduced minimum interior side yard setback (west) from 1.52 metres (5.00
feet) to 1.21 metres (3.97 feet) and increased maximum lot coverage from 30.00% to
32.80% to accommodate the construction of a proposed single family dwelling. Relief is
also being requested to recognize the existing (deficient) minimum lot frontage from
18.29 metres (60.00 feet) to 10.17 metres (33.36 feet) and existing (deficient) minimum
lot area from 696.80 square metres (7,500.00 square feet) to 580.10 square metres
(6,244.14.29 square feet).
Present Designation:
Official Plan: Neighbourhood
Zoning Classification: Single Family Two (R2) Zone
Zoning By-law: By-law No. 2523, as amended
Zoning Provisions:
Minimum Lot Frontage: 18.29 metres (60.0 feet)
Minimum Lot Area: 696.77 square metres (7,500.0 square feet)
Minimum Front Yard Setback: 9.14 metres (30.0 feet)
Minimum Side Yard Setback: 1.52 metres (5.00 feet)
Minimum Rear Yard Setback: 7.62 metres (25.0 feet)
Maximum Building Height: 10.67 metres (35.0 feet)
Maximum Lot Coverage: 30%
Please Note:
The above noted zoning provisions are only the general standards for this zone
and are provided for the reference of the Members of the Committee of
Adjustment. Full compliance with all applicable zoning standards is the
responsibility of the landowner and must be ensured prior to the issuance of any
building permits based upon the submission of a detailed full set of building
plans.
Page 57
Site Conditions:
The subject lands are located on the south side of Edgar Avenue, west of Pearson
Avenue and currently support a two-storey single detached dwelling which is proposed
to be demolished and replaced by a new two-storey single detached dwelling.
The existing neighbourhood has been largely influenced by infill development, whereby
the majority of the original lots have been severed and many older one- and two-storey
dwellings have been replaced with substantially larger homes.
Adjacent Lands:
North: Edgar Avenue
South: Residential
East: Residential
West: Residential
Comments Received From Municipal Departments & Outside Agencies:
Committee of Adjustment:
This application was circulated to the commenting departments and agencies on
January 16, 2017.
Public notice was mailed on January 26, 2017.
The applicant confirmed posting of public notice sign on January 25, 2017
Previous and/or Concurrent applications on the subject lands:
B034/97—Lot Addition (Approved)
A068/97 – Lot Frontage and Lot Area (Approved)
Note: Future Development of the subject land may occur in accordance with the
provisions of the Town’s Zoning By-law. Architectural design as shown on any elevation
drawings and floor plans is provided for information purposes only and does not form
part of the Committee’s decision.
Planning & Regulatory Services Department
Building / Zoning:
The requested variances are correct.
Planning:
The proposed variances are requested to facilitate the construction of a new two-storey
single detached dwelling on the subject property. In support of this request, the
applicant is requesting to recognize the existing deficient minimum lot frontage and lot
area. In addition, the following variances are proposed:
• Increased Maximum Lot Coverage from 30 percent as required, to 32.80 percent as
proposed;
• Reduced Minimum Side Yard Setback (east) from 1.52 metres (5.00 feet) as
required, to 1.00 metres (3.28 feet) as proposed; and,
• Reduced Minimum Side Yard Setback (west) from 1.52 metres (5.00 feet) as
required, to 1.21 metres (3.97 feet) as proposed.
Page 58
Planning staff have reviewed the application and note that the proposed minor
variances are consistent with the existing pattern of development within the
neighbourhood and along Edgar Avenue. With regard to the request for reduced side
yard setbacks and increased lot coverage, the proposed development standards are
consistent with variances previously approved by the Committee of Adjustment in the
surrounding neighbourhood. Therefore, the proposed development is considered to be
generally in keeping with the existing character of the neighbourhood.
Planning staff has reviewed the proposed minor variance application and believes that
the proposal meets the four (4) prescribed tests set out in Section 45.1 of the Planning
Act in that the requested variance is considered to be minor in nature, is desirable for
the appropriate development of the subject land, and maintains the general intent and
purpose of the applicable Official Plan and Zoning By-law. Planning staff recommends
approval of the minor variance application A004/17.
Development Engineering:
No concerns or objections.
Parks & Natural Heritage:
The property is subject to Tree Preservation By-law No. 41-07. Permits are required
prior to removal of trees greater than 20cm DBH. Tree replacement will be a condition
of any tree removal permit.
Protect trees to be retained (including neighbouring trees) during construction in
accordance with Town standards.
By-law Enforcement:
No response.
Heritage:
Not circulated.
Corporate & Financial Services:
Not circulated.
Powerstream:
No objections (comments attached).
Enbridge:
Not circulated.
Bell Canada:
Not circulated.
York Region – Transportation & Community Planning Department:
No objections.
Toronto & Region Conservation Authority:
No response.
CN Rail:
Not circulated.
Page 59
TransCanada Pipeline:
Not circulated.
Abutting Municipality:
Not circulated.
Ministry of Transportation:
Outside of MTO Permit Control Area
Ministry of Housing (Parkway Belt West Plan):
Not circulated.
Infrastructure Ontario:
Not circulated.
Staff & Agency Recommendation(s):
Should the Committee find it appropriate to approve this application, the following
condition(s) is (are) recommended:
1. That the variances pertain only to the request as submitted with the application.
2. That development be substantially in accordance with the sketch submitted with the
application as required by Ontario Regulation 200/96, as amended, Section 5.25.
Reasons for approval:
1. The general intent and purpose of the by-law will be maintained.
2. The general intent and purpose of the official plan will be maintained.
3. The requested variance(s) is/are acceptable for the appropriate development of the
subject lands.
4. The requested variance(s) is/are minor in nature.
Questions regarding this Staff Report can be directed to:
Town of Richmond Hill Committee of Adjustment
225 East Beaver Creek Road, 4th Floor
Richmond Hill, ON L4B 3P4
Email: [email protected]
Telephone: 905 771 2443 or 905 771 2414
If you wish to obtain a copy of the Committee’s Decision with respect to this application
you must make a written request and provide your full name and mailing address to
Committee of Adjustment staff.
Page 60