Committee of Adjustment - 20 Nov 2019AGENDA
2. REQUESTS FOR DEFERALS
Plan 65M4448; Lot 65
85 Wilkie Avenue, Nobleton
Part of Lot 15, Concession 3
1945 & 1991 16th Sideroad, King
Agent: Dan Stone, Thorstone Consulting
07-B-19_Redacted
3.1 MINOR VARIANCE APPLICATIONS:
Plan 65M4169; Lot 24
Page 1 of 194
52-A-19_Redacted 104 - 122
Roll #: 1949-000-021-33052
54-A-19_Redacted 3.2 CONSENT APPLICATIONS:
Owner: HESTE CORPORATION
Concession 2; Part Lots 28 & 29; RS65R12908; Part of Part 2
16333 Dufferin Street, King
08-A-19_Redacted
187 - 193
4.1.1
Minutes of the Committee of Adjustment Meeting of Wednesday, October 16th, 2019
October_16_2019 Draft Minutes
5. NEW BUSINESS
Committee Meeting Schedule 2020
Page 2 of 194
.. 3.
48
COMMITTEE OF ADJUSTMENT MINUTES
KING TOWNSHIP MUNICIPAL CENTRE 2585 KING ROAD, KING CITY COUNCIL CHAMBERS
Members of the Committee of Adjustment of the Township of King met on Wednesday, October 16th, 2019 at 6:00 p.m. Members of Committee present were; G. Curran, M. Freethy, B. King & P. Dawson Joe D’Ercole chaired the Committee of Adjustment meeting. Members of staff present were; Sara Olivieri, Secretary-Treasurer Aloma Dreher, Planner II Giuliano La Moglie, Planner I
1. DECLARATIONS OF PECUNIARY INTEREST
None.
3.1 Minor Variance Applications:
i. File #42-A-19* Owner: Serafino ORTINO Plan 459; Lot 12 59 Patricia Drive, King City Roll #: 1949-000-030-34100
*Deferred from September 18th, 2019
The Secretary-Treasurer briefly described the application and advised the Committee of comments from the Township’s Engineering Department, By-law Department, Zoning Examiner, Fire Department, letters of support from neighbouring property owners and Planning Report MV- 2019-49. Mr. Ortino, owner, was present to speak to the application. Mr. Ortino explained to the Committee that he worked with the Planning Department to revise his application and the pervious surface requirement was eliminated. J. D’Ercole inquired as to whether Mr. Ortino reviewed the conditions listed in the Planning Report. Mr. Ortino questioned a condition in regards to the rear swale. Aloma Dreher, Planner II, commented that through the Engineering Department’s review, there was some correspondence with a neighbouring property owner and there may be some impact with respect to any drainage easements along the southern property line. Ms. Dreher stated that
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confirmation will have to be provided from the neighbouring property to allow for the drainage of stormwater runoff through their property. J. D’Ercole inquired as to whether this will be the last variance application for this property. Mr. Ortino confirmed that no more variances will be sought. No persons were present to speak to the application. Committee reviewed the four tests of a Minor Variance. The Committee deemed the requested variances to be minor in nature or desirable for the area. The Committee is of the opinion that the requested variances maintain the general intent and purpose of the Official Plan and Zoning By-law. A motion was made by G. Curran and seconded by B. King that Minor Variance Application #42-A-19 be approved, subject to the following conditions:
i. That the proposed works be consistent with those presented on the Site Plan prepared by Ian Robertson Design, submitted to the Township September 5, 2019;
ii. That the proposed variances for Minimum Interior Side Yard apply only to the proposed accessory structures;
iii. That the proposed height of the cabana and shed be in substantial conformance with those presented on the Elevation Plans, submitted to the Township August 15, 2019;
iv. That prior to the issuance of Building Permits a revised Grading and Drainage Plan,
prepared by a Qualified Professional, will be submitted for review and approval from
the Township’s Department of Engineering and Public Works to demonstrate the
changes in proposed drainage patterns;
v. That prior to the issuance of Building Permits clarification will be provided to the
Engineering and Public Works Department with respect to any drainage easements
along the southern property line or that confirmation will be provided from the
neighbouring property to allow for the drainage of stormwater runoff through their
property; and
vi. That 0.6 metres (2 feet) from all property lines is to remain undisturbed.
The motion carried with five (5) in favour and zero (0) opposed.
ii. File #46-A-19 Owner: Babak SAMADI Plan 65M3299; Lot 35 110 Fairfield Drive, King City Roll #: 1949-000-024-72000
The Secretary-Treasurer briefly described the application and advised the Committee of comments from the Township’s Engineering Department, By-law Department, Zoning Examiner, Fire Department and Planning Report MV-2019-50. Babak Samadi, owner, was present to speak to the application. Mr. Samadi explained that he purchased the property from the previous owner with the design and permits approved. Mr. Samadi explained that the previous owner did not obtain approval from Fairfield Estates as the subdivision is under architectural control. Once it was reviewed for architectural control, it was requested that the height be increased by 0.95 metres. Mr. Samadi advised Committee that new plans were submitted to the Building Department along with the application for Minor Variance. J. D’Ercole inquired as to whether the owner reviewed the Planning Report. Mr. Samadi confirmed that it was reviewed. J. D’Ercole inquired as to whether Giuliano La Moglia, Planner I, had anything to add. Mr. La Moglia explained that the property is located in Fairfield Estates and requires architectural control approval. The approval body requested the height increase which is why the application is being considered by the Committee.
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No persons were present to speak to the application. Committee reviewed the four tests of a Minor Variance. The Committee deemed the requested variance to be minor in nature or desirable for the area. The Committee is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan and Zoning By- law. A motion was made by M. Freethy and seconded by B. King that Minor Variance Application #46-A-19 be approved, subject to the following:
i. That the Elevation Plans submitted for Building Permit for the proposed dwelling and attached garages shall be in substantial conformity with the following plans prepared by Pro Vision Architecture Inc., dated April, 2017:
A1.5 Building Sections/Details;
A1.3 East/South Elevations;
A1.4 North/South Elevations; The motion carried with five (5) in favour and zero (0) opposed.
iii. File #48-A-19 Owner: Salvatore MANCUSO Plan 65M4448; Lot 138
18 Mary Agar Court, Nobleton Roll #: 1949-000-051-30142
The Secretary-Treasurer briefly described the application and advised the Committee is in receipt of comments from the Township’s Engineering Department, Zoning Examiner, Clerk, Fire Department and Planning Report MV-2019-38. Salvatore Mancuso, owner, was present to speak to the application. Mr. Mancuso advised Committee that he would like to replace the existing wood deck with a non-maintenance deck. Mr. Mancuso advised Committee that he is also proposing to build a deck off the kitchen to put a BBQ. J. D’Ercole inquired as to whether Mr. Salvatore was aware of the Report and conditions. Mr. Mancuso took a moment to review the Report then commented that he has no issues with the conditions. No persons were present to speak to the application. The Committee reviewed the four tests of a Minor Variance. The Committee deemed the requested variance to be minor in nature or desirable for the area. The Committee is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan and Zoning By-law. A motion was made by P. Dawson and seconded by B. King that Minor Variance Application #48-A-19 be approved, subject to the following:
i. That the Plans submitted for Building Permit for the proposed decks shall be in substantial conformity with the following plans prepared by Neighborhood Fence and Deck Inc, dated September 11th, 2019:
Mancuso Deck`s Site Layout;
Rear Deck`s Floor Plan:
Side Deck Floor Plan;
Rear Deck Elevations:
Side Deck Elevations: ii. The granting of Minor Variance #1 are subject to the deck not exceeding the size,
height and setbacks identified on the submitted plans. iii. 0.6 metres (2 feet) from the property line is to remain undisturbed. iv. Owner must ensure that side yard and rear yard swales are maintained and
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unaltered in accordance with the approved subdivision lot grading plan. v. Existing grades and drainage patterns are to remain unaltered. vi. Prior to the issuance of a Building Permit, the applicant shall obtain approval from
the subdivision developer project engineer for the proposed variances as the subdivision has not yet been assumed by the Township.
The motion carried with a vote of five (5) in favour and zero (0) opposed.
iv. File #49-A-19 Owner: Linda VALENTE Plan 65M3589; Lot 39
23 Marchant Circle, Schomberg Roll #: 1949-000-092-05439 Agent: Lifestyle Sunrooms Inc.
The Secretary-Treasurer briefly described the application and advised the Committee is in receipt of comments from the Township’s Engineering Department, By-law Department, Zoning Examiner, Fire Department and Planning Report MV-2019-52. Syed, from Lifestyle Sunrooms Inc., was present to speak to the application. J. D’Ercole asked the applicant to explain why the variance is required. Syed commented that he was asked to attend the hearing but does not know the nature of the application. Linda Valente, owner, was present to speak to the application. Ms. Valente explained that the variance is required as the required setback is 15 metres and adding the deck and sunroom would encroach into the 15 metres setback. J. D’Ercole asked that the variance be explained. Mr. La Moglia explained that there are two variances required - one for the deck and one for the sunroom both for the rear yard. Mr. La Moglia stated that the house already sits at the 15 metre rear yard requirement. Mr. Biersteker, 34 Cooper Drive, was present to speak to the application. Mr. Biersteker advised Committee that both he and his wife have been in the home since 1997 (before the subdivision was built). Mr. Biersteker explained that there are three homes behind his and his neighbour - 17, 21 and 23 Marchant Circle and that restrictions were set by the OMB for height and setbacks for these properties. Mr. Biersteker explained that he is not opposed to the deck and the sunroom but would ask that just these structures receive the variance and that the remaining house not project into the 15 metre rear yard. J. D’Ercole asked Planning staff for clarification. Ms. Dreher stated that a condition could be included that applies specifically to the deck and the sunroom only. Ms. Dreher explained that the condition would be on the property as long as Zoning By-law #2017-66 is in place. Ms. Valente stated that she has no intentions on expanding the rest of the home, just the deck and sunroom. Ms. Valente further stated that she has no problem with the conditions in the Planning Report. No other persons were present to speak to the application. Committee reviewed the four tests of a minor variance. The Committee deemed the requested variances to be minor in nature or desirable for the area. The Committee is of the opinion that the requested variances maintain the general intent and purpose of the Official Plan and Zoning By-law. A motion was made by P. Dawson and seconded by B. King that Minor Variance Application #48-A-19 be approved, subject to the following:
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i. That the Plans submitted for Building Permit for the proposed decks shall be in
substantial conformity with the following plans prepared by Lifestyle Sunrooms, dated July 2nd, 2019:
01, Site Plan;
03, Elevations;
04, A-A Section and Snow Accumulation; ii. The granting of Minor Variances #1 and #2 are subject to the deck and sunroom addition
to not exceed the size, height and setbacks identified on the submitted plans. iii. The setbacks variances are for ONLY the proposed deck and sunroom, no other
structures and/or additions; and iv. That the owner must ensure that existing grades and drainage patterns are maintained
and unaltered. The motion carried with a vote of five (5) in favour and zero (0) opposed.
v. File #50-A-19 Owner: Steven DAVIDSON Concession 7; Part Lots 27 & 28; RP 65R25243
4534 Lloydtown Aurora Road, King Roll #: 1949-000-116-17000
The Secretary-Treasurer briefly described the application and advised the Committee is in receipt of comments from the Township’s Engineering Department, Zoning Examiner, By-law Department, Fire Department, Lake Simcoe Region Conservation Authority and Planning Report MV-2019-53. Steven Davidson, owner, was present to speak to the application. Mr. Davison explained that he has an irregular lot where the side lot is called the rear lot and the house right now sits about 2.8 metres away and because it is an irregular lot this amendment is necessary. Mr. Davison further explained that the proposed placement of the replacement dwelling is due to the location of the existing wells. J. D’Ercole inquired as to whether Mr. Davidson reviewed the LSRCA comments and recommendations in the Planning Report. Mr. Davidson confirmed that he reviewed the comments from LSRCA and the conditions in the Planning Report. No persons were present to speak to the application. The committee reviewed the four tests of a minor variance. The Committee deemed the requested variance to be minor in nature or desirable for the area. The Committee is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan and Zoning By-law. A motion was made by G. Curran and seconded by P. Dawson that Minor Variance Application #50-A-19 be approved, subject to the following: i. That the Plans submitted for Building Permit for the proposed one and a half story
replacement dwelling and shall be in substantial conformity with the following plans submitted by First Step Design, dated August, 2019:
A-1.0 Site Plan;
A-3.1 South (Street);
A-3.2 West Elevation;
A-3.3 North Elevation;
A-3.4 East Elevation; ii. The granting of Minor Variance #1 are subject to the proposed one and a half story
addition to not exceed the size, height and setbacks identified on the submitted plans. iii. 0.6 metres (2 feet) from the property line is to remain undisturbed. iv. Prior to the issuance of a building permit, the Owner shall submit a Grading and
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Drainage Plan prepared by a Qualified Professional for review and approval from the Department of Engineering and Public Works. The Grading and Drainage Plan shall demonstrate how stormwater drainage from the subject lot is contained within the site; and
v. That the Owner shall obtain a permit from the LSRCA under Ontario Regulation 179/06. The motion carried with a vote of five (5) in favour and zero (0) opposed.
vi. File #51-A-19 Owner: Aderemi SANUSI Plan 65M4443; Lot 133
11 Middlehead Trail, Nobleton Roll #: 1949-000-052-02233 Agent: Charles Adenji
The Secretary-Treasurer briefly described the application and advised the Committee is in receipt of comments from the Township’s Engineering Department, Zoning Examiner, By-law Department, Fire Department and Planning Report MV-2019-54. Charles Adenji, agent, was present to speak to the application. Mr. Adenji explained that the existing property is the smallest in the neighbourhood and the owners would like to extend the home to be like the other homes in the neighbourhood. J. D’Ercole inquired as to whether the existing house is about 36% lot coverage. Mr. La Moglia confirmed that the house is at 36% lot coverage. Mr. Adenji advised the Committee that he reviewed the conditions in the Planning Report and is comfortable with them. No persons were present to speak to the application. The committee reviewed the four tests of a minor variance. The Committee deemed the requested variance to be minor in nature or desirable for the area. The Committee is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan and Zoning By-law. A motion was made by M. Freethy and seconded by B. King that Minor Variance Application #51-A-19 be approved, subject to the following:
i. That the Plans submitted for Building Permit for the proposed one and a half story replacement dwelling and shall be in substantial conformity with the following plans submitted by Suriano Design Consultants Inc., dated August 29th, 2019:
A-01 Site Plan;
A-7 Rear Elevation;
A-8 Building Section 1; ii. That the granting of Minor Variance #1 are subject to the proposed two story addition
and decks to not exceed the size, height and setbacks identified on the submitted plans.
iii. That 0.6 metres (2 feet) from the property line is to remain undisturbed. iv. That the owner is to ensure that existing side yard and rear yard swales are
maintained and unaltered in accordance with the approved subdivision lot grading plan; and
v. That prior to the issuance of Building permits, the applicant shall obtain approval from the subdivision developer project engineer for the proposed variances as the subdivision has not yet been assumed by the Township.
The motion carried with a vote of five (5) in favour and zero (0) opposed.
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4. MINUTES
4.1 Minutes of Committee of Adjustment Meeting
(i) Minutes of the Committee of Adjustment Meeting of September 18th, 2019
A motion was made by P. Dawson and seconded by G. Curran and carried that the Minutes of the Committee of Adjustment Meeting of Wednesday, September 18th, 2019, be adopted. The motion carried with a vote of five (5) in favour and zero (0) opposed
5. NEW BUSINESS Approval of the 2020 Schedule of Meetings 6. NEXT MEETING 6.1 Wednesday, November 20th, 2019 7. ADJOURNMENT
A motion was made by B. King and seconded by J. D’Ercole and carried that the Committee of Adjustment Meeting be adjourned. The motion carried with a vote of five (5) in favour and zero (0) opposed
The Meeting adjourned at 6:45pm.
_____________________________ J. D’Ercole
AGENDA ITEM #4.1.1
MUNICIPAL OFFICE – COUNCIL CHAMBERS 2585 KING ROAD, KING CITY 6:00PM
1. Wednesday, January 22nd, 2020 2. Wednesday, February 19th, 2020
3. Wednesday, March 18th, 2020
4. Wednesday, April 15th, 2020
5. Thursday, May 20th, 2020
6. Wednesday June 17th, 2020
7. Wednesday, July 15th, 2020
8. Wednesday, August 19th, 2020
9. Wednesday, September 16th, 2020
10. Wednesday, October 21st, 2020
11. Wednesday, November 18th, 2020
12. Wednesday, December 16th, 2020
Cc: Council; Clerk’s Department; Planning Department; Building Department; Committee Members
AGENDA ITEM #5.1.