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COMMITTEE OF ADJUSTMENT AND CONSENT

MINUTES

Section 45 and 53 of the Planning Act

Meeting COA # 08-05 Thursday, August 25, 2005

THE MILTON COMMITTEE OF ADJUSTMENT AND CONSENT MET IN THE COUNCIL CHAMBERS, TOWN OF MILTON AT 7:00 P.M., THURSDAY, AUGUST 25, 2005. MEMBERS PRESENT: Mr. F. Louks, Vice-Chair

Mr. J. Vanderzand Mr. G. Marsh Mr. A. Price

REGRETS: Mr. J. Yaworski, Chair STAFF PRESENT: Barbara Koopmans, Senior Planner, Town of Milton

Ms. Bronwyn Marshall, Secretary-Treasurer, Committee of Adjustment and Consent, Town of Milton

The meeting was called to order at 7:00 p.m. A motion was made to appoint Vice-Chair Fred Louks as the Acting Chair for the Meeting. MOVED BY: A. Price SECONDED BY: J. Vanderzand THAT Fred Louks be designated Acting Chair for the August 25, 2005 Meeting of the Town of Milton Committee of Adjustment and Consent. Signed in Favour to the motion: F. Louks J. Vanderzand G. Marsh A. Price Signed in Opposition to the motion: Nil

MOTION CARRIED There was no conflict of interest declared by Committee Members. The Chair confirmed that a quorum was in attendance. ITEMS FOR DISCUSSION • CONSENT APPLICATION B-05/006/M (BOWEN) • MINOR VARIANCE APPLICATION A-05/052/M (SCHIRALLI) • MINOR VARIANCE APPLICATION A-05/053/M (OKRA (BRONTE) INVESTORS INC.) • MINOR VARIANCE APPLICATION A-05/054/M (SEATON) • MINOR VARIANCE APPLICATION A-05/055/M (WOOD) • MINOR VARIANCE APPLICATION A-05/056/M (GRANT) • MINOR VARIANCE APPLICATION A-05/057/M (BRAR) • MINOR VARIANCE APPLICATION A-05/058/M (MATTAMY (BROWNRIDGE) LTD. – LOT 214

CHRISTIE CIRCLE) • MINOR VARIANCE APPLICATION A-05/060/M (MATTAMY (BROWNRIDGE) LTD. – 1182 BARR

CRESCENT) • MINOR VARIANCE APPLICATION A-05/061/M (MATTAMY (BROWNRIDGE) LTD. – 975 COULTER

WAY)

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 • MINOR VARIANCE APPLICATION A-05/062/M (MATTAMY (BROWNRIDGE) LTD. – 913 BENNETT

BLVD) • MINOR VARIANCE APPLICATION A-05/063/M (HARRIS) • MINOR VARIANCE APPLICATION A-05/064/M (STILL MEADOWS HOMES INC. – LOT 14,

DONNELLY ST) • MINOR VARIANCE APPLICATION A-05/065/M (STILL MEADOWS HOMES INC. – LOT 16,

DONNELLY ST) • MINOR VARIANCE APPLICATION A-05/066/M (STILL MEADOWS HOMES INC. – LOT 47,

DONNELLY ST) The following consent application was reviewed within the context of Section 53 of the Planning Act: CONSENT APPLICATION B-05/006/M (Bowen) Mrs. Florence Amelia Bowen 5564 Highway 7 East Half Lot 32, Concession 7 (Nassagaweya) Town of Milton, Regional Municipality of Halton Agent: Nancy Shoemaker, Black, Shoemaker, Robinson & Donaldson Ltd.

• Requesting permission for consent to severance for conveyance of a lot addition having a frontage of 15.0 metres on Highway 7 with a depth of 218 +/- metres and being in area approximately 1.048ha. The subject parcel is to be added to the abutting property to the northwest presently owned by Stanley and Florence Bowen.

Present: Ms. Nancy Shoemaker Black, Shoemaker, Robinson & Donaldson Ltd. 351 Speedvale Avenue West Guelph ON Mr. and Mrs. Bowen 5564 Highway 7 Town of Milton The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Ms. Shoemaker, the agent, was affirmed.

• Ms. Shoemaker gave the Committee a brief history of the property and the owners, Mr. and Mrs. Bowen.

• She explained for the Committee the nature of the previous severance application and how it was determined that the pond was actually not included in the original application for severance.

• Responding to questions from the Committee, she explained that the purpose of this application was essentially to correct the mistake made after the first application, and that they planned on adding the severed portion to the lands on which the family currently resides.

Committee Deliberations:

• The Committee asked for clarification regarding the reasoning behind the angled lot line and the relationship between this lot line and the well location.

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05

• Ms. Shoemaker clarified that if they were to propose the lot line to the far side of the property, they would lose their only access to the farm parcel and would also be re-locating the well from it’s location on the farm parcel to the parcel on which the family home resides.

• Ms. Koopmans spoke on behalf of the Town and expressed the Town’s primary concerns were 1) the fact that this proposal creates two separate frontages; 2) with the current proposal, the possibility of future applications for severance still remains, of which the Town would not be able to support. Ms. Koopmans explained that these applicants had applied to do exactly this back in 1992 and were not successful. She explained that the Town has to protect the future of the subject lands, as possible future purchasers may try to sever the lands, as they are non-farmed lands.

Mr. Stan Bowen 5564 Highway 7 Town of Milton

• Mr. Bowen was sworn in • Mr. Bowen explained to the Committee the family history of the ownership of the farm and how the

mistake was made on the previous application regarding the pond and cabana. He clarified for the Committee that he has no future plans of severing any other part of the property.

MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 53 of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the proposal conforms to the Regional Official Plan. 2. That the proposal conforms to the Local Official Plan MOVED BY: G. Marsh SECONDED BY: A. Price THAT the consent application of Florence Amelia Bowen, FILE #B-05/006/M (Bowen), to the Town of Milton Committee of Adjustment and Consent, requesting permission for consent to severance for conveyance of a lot addition having a frontage of 15.0 metres on Highway 7 with a depth of 218 +/- metres and being in area approximately 1.048ha. The subject parcel is to be added to the abutting property to the northwest presently owned by Stanley and Florence Bowen, Town of Milton in the Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS: 1. The Applicant shall provide the Town with two (2) full-sized copies of the deposited reference plan,

together with one reduced copy (no larger than 11” x 17”), prior to final Consent being granted; 2. The Applicant shall provide the Town with a registerable legal description, prior to final Consent being

granted; 3. The Applicant shall provide proof of payment of any outstanding property taxes, at the time of the issuance

of Consent, to the satisfaction of the Town, prior to final Consent being granted; 4. Final Consent approval will be subject to the separated lands going into common ownership with the

abutting lands to the north presently owned by Stanley and Florence Bowen prior to final Consent being granted;

5. Further, Section 50(3) or (5) of the Planning Act, shall apply to any subsequent conveyance of, or any

other transaction involving the severed lands; 6. The Owner shall enter into a common ownership agreement prepared by and to the satisfaction of the

Town of Milton, requiring that the proposed severed lands and the abutting lands to the north, presently owned by Stanley and Florence Bowen, merge in title. The common ownership agreement must be registered on title to both the severed lands and the abutting lands, prior to final Consent being granted


and an administration fee in the amount of $500.00 must be paid to the Town of Milton for the processing and registration of the common ownership agreement.

NOTES: THE OWNER, HIS SUCCESSORS AND ASSIGNS ARE HEREBY NOTIFIED AS FOLLOWS: 1. Regional Development Charges will be payable in accordance with the applicable Regional

Development Charges By-law, prior to the issuance of a Building Permit. 2. Development Charges of the Town of Milton and the respective School Boards are payable in

accordance with the applicable Development Charges By-laws, upon issuance of a Building Permit, at the rate in effect on the date issued.

3. It is the responsibility of the applicant/agent to ensure that the wells and sewage disposal systems

are located fully on the properties to be severed and retained. 4. Under By-law No. 128-2001 any development will be subject to cash-in-lieu of parkland. This fee is

due prior to issuance of a building permit. (An accurate site plan is required to determine the fee.) Signed in Favour to the motion to approve: F. Louks J. Vanderzand G. Marsh A. Price Signed in Opposition to the motion to approve: Nil

MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. The following minor variance application was reviewed within the context of Section 45 (1) of the Planning Act: MINOR VARIANCE APPLICATION A-05/052/M (Schiralli) Christina and John Schiralli 971 Donnelly St Lot 93, Plan 20M-862 Town of Milton, Regional Municipality of Halton

• Requesting permission to allow for an increase in maximum height of a deck to 2.6m, WHEREAS Section 4.1.1.7 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum height of a deck of 1.2m on Lot 93, Plan 20M-862, municipally known as 971 Donnelly St, Town of Milton, Regional Municipality of Halton.

Present: Christina and John Schiralli 971 Donnelly St Town of Milton

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Christina Schiralli, the owner, was sworn in.

• Ms. Schiralli explained for the Committee that her and her husband have an existing balcony outside of the kitchen, which they would like to extend into a 10 x 16 deck with a walkout.


• Responding to the Committee’s questions, Ms. Schiralli explained that they will be removing the existing balcony and replacing it with a completely new deck which will be on supports and attached to the house.

• Committee Member A. Price asked if the Schiralli’s were aware of the comments from the Town’s Plans Examiner?

• Ms. Schiralli expressed that they were and that they would be bringing them up with their contractor prior to their application for building permit.

MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds:

1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the property;

3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: A. Price SECONDED BY: J. Vanderzand THAT the minor variance application of Christina and John Schiralli, FILE #A-05/052/M (Schiralli), to the Town of Milton Committee of Adjustment and Consent Requesting permission to allow for an increase in maximum height of a deck to 2.6m, WHEREAS Section 4.1.1.7 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum height of a deck of 1.2m on Lot 93, Plan 20M-862, municipally known as 971 Donnelly St, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. A building permit must be applied for and received prior to commencement of construction. 2. That the approval be subject of an expiry in one year from the date of decision if the conditions

are not met, if the proposed development does not proceed and/or a building permit (if applicable) is not secured.

Notes:

1. The applicant is cautioned that the proposed joist sizes may not provide adequate support for the guards on the deck. Please have Designer reference SG-7 for minimum joist size supports for guards prior to submission for Building Permit. The Dekorators Baluster may require the design of a Structural Engineer to demonstrate compliance with 9.8.7 and 9.8.8 of the Building Code.

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 Signed in Favour to the motion to approve: F. Louks J. Vanderzand G. Marsh A. Price Signed in Opposition to the motion to approve: Nil

MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/053/M (OKRA (Bronte) Investors Inc.) OKRA (Bronte) Investors Inc. 400 Bronte Street Part Lot 11, Concession 1 Town of Milton, Regional Municipality of Halton Agent: Mr. Dave deSylva

• Requesting permission to allow a reduction in loading spaces to 1 loading space, WHEREAS Section 5.16.1 of Comprehensive Zoning By-law 144-2003, as amended, requires 2 loading spaces; and,

• Requesting permission to allow a medical clinic in Building A, WHEREAS Section 8 of Comprehensive Zoning By-law 144-2003, as amended, does not permit a medical clinic on Part Lot 11, Concession 1, municipally known as 400 Bronte Street, Town of Milton, Regional Municipality of Halton.

Present: Mr. Dave deSylva – agent 1151 Denison St #18 Markham ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Mr. deSylva, the agent, was sworn in.

• Mr. deSylva explained the proposed complex which includes 3 buildings with an approximate total of 88,000 square feet. He explained that the Site Plan Approval process was almost complete and that staff had noticed that Buildings B & C required variance for loading space requirements.

• Mr. deSylva also addressed that a ‘medical clinic’ is not permitted however, staff explained in their report that this was an inadvertent mistake in the Zoning By-law and that they were supportive of the variances being requested.


• The members noted that the proposal is a positive addition to the Community and that it is something that is definitely needed.

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds:

1. That the application is considered to be minor; 2. That the application is considered to be desirable for the appropriate development or use of the

property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: J. Vanderzand SECONDED BY: A. Price THAT the minor variance application of OKRA (Bronte) Investors Inc., FILE #A-05/053/M (OKRA (Bronte) Investors Inc.), to the Town of Milton Committee of Adjustment and Consent requesting permission to allow a reduction in loading spaces to 1 loading space, WHEREAS Section 5.16.1 of Comprehensive Zoning By-law 144-2003, as amended, requires 2 loading spaces; and, requesting permission to allow a medical clinic in Building A, WHEREAS Section 8 of Comprehensive Zoning By-law 144-2003, as amended, does not permit a medical clinic on Part Lot 11, Concession 1, municipally known as 400 Bronte Street, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. That the approval be subject of an expiry in one year from the date of decision if the conditions are not met, if the proposed development does not proceed and/or a building permit (if applicable) is not secured.

2. That the medical clinic be restricted to Building A as noted on the site plan drawing completed

by Basciano Parkin Limited associated with the Town’s site plan application file #SP-13-05.

3. That the reduction in the required loading spaces from 2 spaces to 1 be restricted to Building B and Building C as noted on the site plan drawing completed by Basciano Parkin Limited associated with the Town’s site plan application file #SP-13-05.

4. A Building Permit must be applied for and received prior to the commencement of construction.

Signed in Favour to the motion to approve: F. Louks J. Vanderzand G. Marsh A. Price Signed in Opposition to the motion to approve: Nil

MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/054/M (Seaton) Thomas A. Seaton 309 Ledwith Drive Unit 170, Condo Plan 407

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 Town of Milton, Regional Municipality of Halton Agent: Jonathon Horne

• Requesting permission to allow a reduction in minimum rear yard setback to 2.382m for an addition, WHEREAS Section 6, Table 6C of Comprehensive Zoning By-law 144-2003, as amended, permits a minimum rear yard setback of 7.0m on Unit 170, Condo Plan 407, municipally known as 309 Ledwith Drive, Town of Milton, Regional Municipality of Halton.

Present: Mr. Jonathon Horne – agent 5851 Lakeshore Rd Stouffville ON Mr. Thomas A. Seaton 309 Ledwith Drive Town of Milton The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Mr. Horne, the agent, was sworn in.

• Mr. Horne explained to the Committee that the owner already had a building permit and approval to construct the deck, and that they were now appearing before the Committee to enclose that deck to make it into a sunroom addition.

• He explained that the only problem is that it encroaches into the rear yard setback Committee Deliberations:

• Committee Member A. Price asked Mr. Horne if he was aware of the comments from J. Dorris, Plans Examiner regarding the fact that the proposed sunroom addition does not meet the requirements of the OBC

• Mr. Horne responded that they had applied for their building permit this same day and that they were not aware of any such comments.

• Ms. Marshall, Secretary-Treasurer provided the Committee with a fax cover sheet dated August 23rd to which Mr. Dorris’ comments had been sent to Mr. Horne at the fax number provided to the Committee on the application form.

• Mr. Horne then acknowledged that he had in fact received the comments via fax. • Ms. Koopmans, Senior Planner, addressed the Committee and explained that in this instance, staff

is concerned that the sunroom will dominate the property and that coverage of the lot becomes an issue. She also explained that drainage issues may arise and that this would ultimately affect others in the area, which is essentially why staff cannot support the variance for a sunroom of this size.

• Responding to questions from the Committee, Ms. Koopmans explained that a much more modest sunroom addition, perhaps 8x10 that would hold a couple of chairs would likely be accepted and supported by staff.

Mr. Thomas Seaton was sworn in

• Mr. Seaton explained that he has no neighbours behind him and that the pond is at the other end of his complex.

• Member Vanderzand asked if Mr. Seaton had spoke with any of his neighbours and what their reactions had been.

• Mr. Seaton said that some of his neighbours wanted to come and argue against it and that others already have sunroom additions in place that are the same as the one he is proposing except they were illegally constructed.

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 MOTION TO APPROVE: A motion was made to approve the application as submitted with the condition that the approval would expire one year from the date of decision if the proposed development does not proceed. As there was no seconder to the motion, the motion failed and the chair called for a second motion. MOTION TO DENY: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds:

1. That the application is NOT considered to be minor; 2. That the application is NOT considered to be desirable for the appropriate development or use of

the property; 3. That the application is NOT considered to be within the general intent and purpose of the Official Plan; 4. That the application is NOT considered to be within the general intent and purpose of the Zoning By-

law. MOVED BY: G. Marsh SECONDED BY: A. Price THAT the minor variance application of Thomas A. Seaton, FILE #A-05/054/M (Seaton), to the Town of Milton Committee of Adjustment and Consent requesting permission to allow a reduction in minimum rear yard setback to 2.382m for an addition, WHEREAS Section 6, Table 6C of Comprehensive Zoning By-law 144-2003, as amended, permits a minimum rear yard setback of 7.0m on Unit 170, Condo Plan 407, municipally known as 309 Ledwith Drive, Town of Milton, Regional Municipality of Halton be DENIED: Signed in Favour to the motion to deny: G. Marsh A. Price Signed in Opposition to the motion to deny: F. Louks J. Vanderzand Based on the fact that the vote produced a tie, the Chair called that the Motion to Deny fails and the application is then approved. Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/055/M (Wood) Susan M. Wood 12527 Fourth Line Part Lot 24, Concession 5 Town of Milton, Regional Municipality of Halton Agent: Ruth Victor, BGD Consulting Ltd.


• Requesting permission to allow a reduction in minimum lot depth to 120m, WHEREAS Section 10, Table 10B of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum lot depth of 130m on Part Lot 24, Concession 5, municipally known as 12527 Fourth Line, Town of Milton, Regional Municipality of Halton.

Present: Ms. Ruth Victor – agent BGD Consulting Inc 169 Littlewood Drive Oakville ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Ms. Victor, the agent, was sworn in.

• Ms. Victor explained for the Committee that the variance requested is for a reduction in lot depth to accommodate a new lot which was grated severance approval by the Director of Planning. She explained that the variance application was a condition of approval of the severance and that the lot meets all other Zoning By-law requirements and that all other components of the lot creation including the septic and well systems have been met.


• The Committee had no concerns with the application. MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds:


property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: J. Vanderzand SECONDED BY: A. Price THAT the minor variance application of Susan M. Wood, FILE #A-05/055/M (Wood), to the Town of Milton Committee of Adjustment and Consent requesting permission to allow a reduction in minimum lot depth to 120m, WHEREAS Section 10, Table 10B of Comprehensive Zoning By-law 144-2003, as amended, requires a minimum lot depth of 130m on Part Lot 24, Concession 5, municipally known as 12527 Fourth Line, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. A building permit must be applied for and received prior to commencement of any construction.

Notes:

1. The Lot must be of sufficient size to support a private supply of potable water from a well on the property; have sufficient space to install a private sanitary sewage disposal system with associated setbacks to buildings, property lines, and other geological features; area for a single family dwelling; and related driveway. If this can be achieved, there are no concerns from a Building Code perspective.


2. Development charges are applicable on the proposed SFD to be built on the severed lot. The

development charges will be payable at the time of building permit issuance at the residential rate in effect at that time.


MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/056/M (Grant) Bradley Grant 2010 Southcott Drive Lot 13, Plan 20M-258 Town of Milton, Regional Municipality of Halton Agent: David Miller

• Requesting permission to allow both an attached and a detached garage, WHEREAS Section 4.1.1.2 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits either an attached or a detached garage; and,

• Requesting permission to allow for an increase in maximum height to 6.0m WHEREAS Section 4.1.1.2 (viii) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum height of 4.3m on Lot 13, Plan 20M-258, municipally known as 2010 Southcott Drive, Town of Milton, Regional Municipality of Halton.

Present: Mr. David Miller - agent 787 Frobisher Blvd. Milton ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Mr. Miller, the agent, was sworn in.

• Mr. Miller explained that the variance requested is to accommodate a detached garage with an increased maximum height by 1.7m


• Responding to questions from the Committee, Mr. Miller explained that the proposed increase in height is such that the garage pitch can be built to match the existing roof pitches on the home. He also explained that the second storey will be used for storage only and confirmed that there were no proposals to use it for residential purposes.



property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: A. Price SECONDED BY: J. Vanderzand THAT the minor variance application of Mr. Bradley Grant, FILE #A-05/056/M (Grant), to the Town of Milton Committee of Adjustment and Consent requesting permission to allow both an attached and a detached garage, WHEREAS Section 4.1.1.2 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits either an attached or a detached garage; and, requesting permission to allow for an increase in maximum height to 6.0m WHEREAS Section 4.1.1.2 (viii) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum height of 4.3m on Lot 13, Plan 20M-258, municipally known as 2010 Southcott Drive, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. That the applicant provide an undertaking to the Town acknowledging that the accessory building will not be used for human habitation, and/or commercial/industrial purposes.

2. The garage must be separated from other areas, like the second floor, with gas proof seals and

fire resistant partitions and floor assembly.

3. A building permit must be applied for and received prior to the commencement of construction.

4. That the approval be subject to an expiry of one year from the date of decision if the conditions are not met, if the proposed development does not proceed, and/or a building permit (if applicable) is not secured.


MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/057/M (Brar) Bill and Rose Brar 1619 Arthurs Way Lot 13, Plan 20M-862 Town of Milton, Regional Municipality of Halton


• Requesting permission to allow an increase in maximum fence height to 2.19m for an existing fence, WHEREAS Section 4.5 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum fence height of 2.0m on Lot 13, Plan 20M-862, municipally known as 1619 Arthurs Way, Town of Milton, Regional Municipality of Halton.

Present: Mr. Bill Brar 1619 Arthurs Way Milton ON Mrs. Rose Brar 1619 Arthurs Way Milton ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Mr. Bill Brar, the owner, was sworn in.

• Mr. Brar explained that he has an existing fence on his property which exceeds the maximum height of a fence by 2.19m in one section.


• Responding to questions from the Committee, he explained that there is a slope at the rear of his property at which point the fence height is increased. He explained that this increase in height was the only was to keep the fence height level around the entire yard.

• He explained that he had come in to the Town for an application to permit an inflatable pool, at which time the Town discovered that he required the variance for fence height.



property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: J. Vanderzand SECONDED BY: A. Price THAT the minor variance application of Bill and Rose Brar, FILE #A-05/057/M (Brar), to the Town of Milton Committee of Adjustment and Consent requesting permission to allow an increase in maximum fence height to 2.19m for an existing fence, WHEREAS Section 4.5 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a maximum fence height of 2.0m on Lot 13, Plan 20M-862, municipally known as 1619 Arthurs Way, Town of Milton, Regional Municipality of Halton be APPROVED: Signed in Favour to the motion to approve: F. Louks J. Vanderzand G. Marsh A. Price

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 Signed in Opposition to the motion to approve: Nil

MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/058/M (Mattamy (Brownridge) Ltd. – Lot 214 Christie Circle) Mattamy (Brownridge) Ltd. Christie Circle Lot 214, Plan 20M-926 Town of Milton, Regional Municipality of Halton Agent: J.D. Barnes Ltd.

• Requesting permission to allow a reduction in minimum side yard setback to 0.6m, WHEREAS Section 6, Table 6C of Comprehensive Zoning By-law 144-2003, as amended, permits a minimum side yard setback of 1.2m on Lot 214, Plan 20M-926, municipally known as Christie Circle, Town of Milton, Regional Municipality of Halton.

Present: Mr. Tom Salb - agent J.D. Barnes Ltd. 4-1 Wheelabrator Way Suite A Milton ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there was one other individual present with respect to the application. Overview: Mr. Salb, the agent, was sworn in.

• Mr. Salb explained that he was before the Committee on behalf of Mattamy Homes requesting permission to reduce the side yard setback to 0.6m to recognize the proximity of the porch to the lot line.


• Responding to questions from the Committee, Mr. Salb explained that the site plan was approved prior to the plans being given to J.D. Barnes Ltd. and that what they had noticed was an oversight that they wish to correct at this time.

• Mr. Salb explained that they were given the building permit for this home and that they noticed the encroachment and notified the Town that a variance would be required to rectify the situation.

• Mr. Salb was asked if there was another option should the variance not be approved to which he replied that they could perhaps saw off a portion of the porch but that this would be difficult, as the foundation had already been poured.

Mr. John Carloceoli was sworn in.

• Mr. Carloceoli explained that he has purchased Lot 213 and that he was concerned that he may have a problem with fencing his property in the future

• Acting Chair Louks explained that this application for variance would not affect his ability to construct a fence whatsoever.



property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: A. Price SECONDED BY: G. Marsh THAT the minor variance application of Mattamy (Brownridge) Ltd., FILE #A-05/058/M (Mattamy (Brownridge) Ltd. – Lot 214 Christie Circle), to the Town of Milton Committee of Adjustment and Consent requesting permission to allow a reduction in minimum side yard setback to 0.6m, WHEREAS Section 6, Table 6C of Comprehensive Zoning By-law 144-2003, as amended, permits a minimum side yard setback of 1.2m on Lot 214, Plan 20M-926, municipally known as Christie Circle, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. A building permit must be applied for and received prior to commencement of construction. 2. That the approval be subject to an expiry of one year from the date of decision if the conditions

are not met, if the proposed development does not proceed, and/or a building permit (if applicable) is not secured.

3. That the variance be applied only to permit the house model, elevation and siting illustrated in

the siting plan submitted with the application. Signed in Favour to the motion to approve: F. Louks G. Marsh A. Price Signed in Opposition to the motion to approve: J. Vanderzand

MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. The next three applications were heard at the same time by the Committee as it was the same agent representing all three applications and each of the applications was similar in nature. MINOR VARIANCE APPLICATION A-05/060/M (Mattamy (Brownridge) Ltd. – 1182 Barr Cres) Mattamy (Brownridge) Ltd. 1182 Barr Crescent Lot 171, Plan 20M-932 Town of Milton, Regional Municipality of Halton Agent: Ms. Katharine Jurcic


• Requesting permission to allow a reduction in building distance separation to 1.35m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance separation of 1.8m on Lot 171, Plan 20M-932, municipally known as 1182 Barr Crescent, Town of Milton, Regional Municipality of Halton.

MINOR VARIANCE APPLICATION A-05/061/M (Mattamy (Brownridge) Ltd. – 975 Coulter Way) Mattamy (Brownridge) Ltd. 975 Coulter Way Lot 251, Plan 20M-932 Town of Milton, Regional Municipality of Halton Agent: Ms. Katharine Jurcic

• Requesting permission to allow a reduction in minimum rear yard setback to 5.9m, WHEREAS Section 6, Table 6C of Comprehensive Zoning By-law 144-2003, as amended, permits a minimum rear yard setback of 7.0m on Lot 251, Plan 20M-932, municipally known as 975 Coulter Way, Town of Milton, Regional Municipality of Halton.

MINOR VARIANCE APPLICATION A-05/062/M (Mattamy (Brownridge) Ltd. – 913 Bennett Boulevard) Mattamy (Brownridge) Ltd. 913 Bennett Boulevard Lot 288, Plan 20M-932 Town of Milton, Regional Municipality of Halton Agent: Ms. Katharine Jurcic

• Requesting permission to allow a reduction in building distance separation to 1.55m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance separation of 1.8m on Lot 288, Plan 20M-932, municipally known as 913 Bennett Boulevard, Town of Milton, Regional Municipality of Halton.

Present: Ms. Katharine Jurcic Mattamy Homes Ltd 2360 Bristol Circle Oakville ON The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were others present with respect to the applications. Overview: Ms. Jurcic, the agent, was sworn in.

• Ms. Jurcic explained that she was going to quickly discuss each of the three applications in order of file number before the Committee

• Regarding application A-05/060/M Ms. Jurcic explained that when the lot was sold with the model chosen, there was an oversight in that the model chosen was too large for the lot size and that as the building permits had already been issued for the two neighbouring lots, Mattamy had no choice but to apply to the Committee for approval of the variance to recognize the reduction in building distance separation.

• Regarding application A-05/061/M, the lot in question is an irregular shaped lot and that due to the driveway angle that was proposed, the house itself had to be rotated in order to correct the driveway issue, making the rear yard setback smaller than required by the By-law. Ms Jurcic


explained that this option was the only option that would satisfy requirements for driveway entrances.

• Regarding application A-05/062/M, Ms. Jurcic explained that this was another issue regarding building distance separation and that again, based on the model chosen versus the lot size, and with the adjacent homes proposed, the only option was to come before the Committee for approval of the variance for the building distance separation.


• Acting Chair Louks asked Ms. Jurcic if the home in application 061 were to be shifted, would there be any way that the reduction in rear yard could be reduced so as to further comply with the By-law?

• Ms. Jurcic explained that the house was already proposed at the minimum distance from the street, so moving it forward was not an option.

Mr. Tony Pasqualino 392 Coxe Blvd Milton ON

• Mr. Pasqualino was sworn in • Mr. Pasqualino explained that he would like to re-iterate three points from his letter which was

submitted regarding the application; 1) Mattamy homes are already very close together and reducing this further is not something he supports; 2) He bought the house in good faith, assuming that Mattamy would build the home in compliance with all of the Zoning provisions; 3) He believes that Mattamy knows the area well enough that they are aware of the requirements of the By-law and that they should have told him prior to his purchase that the home would not ‘fit’ on the lot that he had chosen.

• Mr. Pasqualino added that he agreed with staff’s position that the application should be denied and that he is concerned about drainage and access as it not only affects Lot 171 but also affects his property, Lot 170.

• Acting Chair Louks asked Mr. Pasqualino if he could be more specific in how the reduction on Lot 171 will negatively affect his Lot

• Mr. Pasqualino explained his position that as all other lots on the street comply with the provisions of the by-law, and as the home to be built on Lot 171 is larger than his home on Lot 170, he is concerned that the 25% reduction in distance separation between the two homes will more so negatively affect his home, being the smaller one, than it would affect Lot 171 as it is that much larger. Mr. Pasqualino also explained that he is concerned with privacy; access; maintenance of the eaves on that side of the home; pooling of water due to possible drainage issues and that because the proposed reduction is for the entire length of the home rather than just one section of the home, these issues become even more predominant.

• Based on the comments provided by Mr. Pasqualino, Ms. Jurcic asked the Committee if it would be possible for them to grant her a deferral to give her more time to review other possible options.

• The Acting Chair polled the Committee Members to which all agreed that deferral would be the best option.

MOTION TO DEFER: MOVED BY: A. Price SECONDED BY: G. Marsh THAT the minor variance application of Mattamy (Brownridge) Ltd., FILE #A-05/060/M (Mattamy (Brownridge) Ltd. – 1182 Barr Cres), to the Town of Milton Committee of Adjustment and Consent for permission to allow a reduction in building distance separation to 1.35m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance separation of 1.8m on Lot 171, Plan 20M-932, municipally known as 1182 Barr Crescent, Town of Milton, Regional Municipality of Halton be DEFERRED

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 Signed in Favour to the motion to defer: F. Louks J. Vanderzand G. Marsh A. Price Signed in Opposition to the motion to defer: Nil

MOTION TO DEFER CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MOTION TO DENY: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds: 1. That the application is not minor and is actually significant MOVED BY: J. Vanderzand SECONDED BY: A. Price THAT the minor variance application of Mattamy (Brownridge) Ltd., FILE #A-05/061/M (Mattamy (Brownridge) Ltd. – 975 Coulter Way), to the Town of Milton Committee of Adjustment and Consent for permission to allow a reduction in minimum rear yard setback to 5.9m, WHEREAS Section 6, Table 6C of Comprehensive Zoning By-law 144-2003, as amended, permits a minimum rear yard setback of 7.0m on Lot 251, Plan 20M-932, municipally known as 975 Coulter Way, Town of Milton, Regional Municipality of Halton be DENIED: Signed in Favour to the motion to deny: F. Louks J. Vanderzand G. Marsh A. Price Signed in Opposition to the motion to deny: Nil

MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MOTION TO APPROVE: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds:


property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law.

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 MOVED BY: A. Price SECONDED BY: G. Marsh THAT the minor variance application of Mattamy (Brownridge) Ltd., FILE #A-05/062/M (Mattamy (Brownridge) Ltd. - – 913 Bennett Boulevard), to the Town of Milton Committee of Adjustment and Consent for permission to allow a reduction in building distance separation to 1.55m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance separation of 1.8m on Lot 288, Plan 20M-932, municipally known as 913 Bennett Boulevard, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. A building permit must be applied for and received prior to commencement of construction. 2. That the approval be subject to an expiry of one year from the date of decision if the conditions are

not met, if the proposed development does not proceed, and/or a building permit (if applicable) is not secured.

3. That the variance be applied only to permit the house model, elevation and siting illustrated in the

siting plan submitted with the application. Note: 1. Development charges are applicable and payable at the time of building permit issuance at the

residential rate in effect at that time. Signed in Favour to the motion to approve: F. Louks G. Marsh A. Price Signed in Opposition to the motion to approve: J. Vanderzand

MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. MINOR VARIANCE APPLICATION A-05/063/M (Harris) Corey and Alison Harris 23 Milton Heights Crescent Part Lot 4, Concession 1 Town of Milton, Regional Municipality of Halton Agent: Mr. Steve Wheaton

• Requesting permission to allow a detached garage located in the front yard, WHEREAS Section 4.1.1.2.2 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a detached garage located in the side or rear yard only on Part Lot 4, Concession 1, municipally known as 23 Milton Heights Cres, Town of Milton, Regional Municipality of Halton.

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 Present: Mr. Steve Wheaton - agent The Chair inquired whether there was anyone in attendance either in support or opposition to the application in which there were no others present with respect to the application. Overview: Mr. Wheaton, the agent, was sworn in.

• Mr. Wheaton explained to the Committee that the Harris’ live in Milton Heights and that they own a landlocked parcel. He explained that the By-law requires a garage be located at the side or rear yard only, however with the layout of the Harris’ property, this by-law provision is impossible for them to comply with.


• Responding to questions from the Committee, Mr. Wheaton explained that he owns the property to the east of the Harris’ and that the north elevation of the proposed building will be the side with the doors, as shown on drawings submitted by the applicant.



property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: J. Vanderzand SECONDED BY: A. Price THAT the minor variance application of Corey and Alison Harris, FILE #A-05/063/M (Harris), to the Town of Milton Committee of Adjustment and Consent for permission to allow a detached garage located in the front yard, WHEREAS Section 4.1.1.2.2 (i) of Comprehensive Zoning By-law 144-2003, as amended, permits a detached garage located in the side or rear yard only on Part Lot 4, Concession 1, municipally known as 23 Milton Heights Cres, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. A building permit must be applied for and received prior to commencement of construction. 2. That the approval be subject to an expiry of one year from the date of decision if the conditions are

not met, if the proposed development does not proceed, and/or a building permit (if applicable) is not secured.

Note:

1. The garage and associated driveway must be separated from the septic bed with allowance for surface drainage to not drain onto the tile bed.

TOWN OF MILTON COMMITTEE OF ADJUSTMENT & CONSENT of 26 August 25, 2005 Meeting No. # 08-05 Signed in Favour to the motion to approve: F. Louks J. Vanderzand G. Marsh A. Price Signed in Opposition to the motion to approve: Nil

MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. The next three applications were heard at the same time by the Committee as it was the same agent representing all three applications and each of the applications was similar in nature. MINOR VARIANCE APPLICATION A-05/064/M (Still Meadows Homes Inc. – Lot 14, Donnelly St) Still Meadows Homes Inc. Donnelly Street Lot 14, Plan 20M-941 Town of Milton, Regional Municipality of Halton Agent: Richard Costigan and/or Tom Baskerville

• Requesting permission to allow a reduction in building distance separation to 1.2m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance separation of 1.8m on Lot 14, Plan 20M-941, municipally known as Donnelly Street, Town of Milton, Regional Municipality of Halton.

MINOR VARIANCE APPLICATION A-05/065/M (Still Meadows Homes Inc. – Lot 16, Donnelly St) Still Meadows Homes Inc. Donnelly Street Lot 16, Plan 20M-941 Town of Milton, Regional Municipality of Halton Agent: Richard Costigan and/or Tom Baskerville

• Requesting permission to allow a reduction in building distance separation to 1.4m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance separation of 1.8m on Lot 16, Plan 20M-941, municipally known as Donnelly Street, Town of Milton, Regional Municipality of Halton.

MINOR VARIANCE APPLICATION A-05/066/M (Still Meadows Homes Inc. – Lot 47, Donnelly Street) Still Meadows Homes Inc. Donnelly Street Lot 47, Plan 20M-941 Town of Milton, Regional Municipality of Halton Agent: Richard Costigan and/or Tom Baskerville

• Requesting permission to allow a reduction in building distance separation to 1.3m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance


separation of 1.8m on Lot 47, Plan 20M-941, municipally known as Donnelly Street, Town of Milton, Regional Municipality of Halton.

Present: Mr. Tom Baskerville - agent 6625 Kitimat Road Mississauga ON The Chair inquired whether there was anyone in attendance either in support or opposition to the applications in which there were others present with respect to one of the applications. Overview: Mr. Baskerville, the agent, was sworn in.

• Mr. Baskerville explained that all three applications are before the Committee due to the issue of larger models being sold as thought they fit on standard size lots. He explained that two of the applications are further complicated by the fact that the lots are pie shaped. Mr. Baskerville discussed maintenance and how it will not be an issue for the purchasers as the bulk of the setbacks are greater than what the minimums require.

• Mr. Baskerville went on to discuss Lot 47 which is the most complex of each of the three lots affected. He explained that the problem with this Lot is where it abuts Lot 46 and that window location on the home also came into play when designing the layout of the home. He explained that there is no flexibility in how Lot 47 is sited and mentioned that Lot 46 is a two storey home. Mr. Baskerville added that the point where the variance is required is where the two garages meet.


• Acting Chair Louks asked Mr. Baskerville if the lot had been sold and why couldn’t a smaller home have been recommended for the lot?

• Mr. Baskerville explained that the problem here is that Lot 46 was sold first and that the encroachment of Lot 46 onto Lot 47 is where the variance has been required. He explained that the size of the model is not really the issue but rather, based on the timing of when the lots were sold, this issue of non-compliance was missed in this instance, however the same model type was successfully sited on 10 other lots. He further explained that this model is appropriate for this lot however the encroachment of the home on Lot 46 creates the problem.

• Committee Member Marsh asked if this was an additional clause in the By-law that was different than what the builders were aware of?

• Mr. Baskerville explained that it was something that they had not caught nor understood. He added that it was not until all of the applications for Building Permit were lined up one against the other along a table that they were able to see how one affects the other.

Mr. and Mrs. Terry and Ann Newton 3969 Tacc Drive Mississauga ON

• Mr. Newton explained that he and his wife are the purchasers of Lot 47. He explained that they did not receive any type of notice from the builder regarding their lot being affected by this variance application. He expressed his concern that they were the first lot which was purchased and now they are being punished based on the fact that the lots sold adjacent to his own were sold later on with models too large for the lot.

• Acting Chair Louks addressed Mr. Newton and explained that if the Committee were to deny the application, the builder would have to somehow alter the design of the home and reminded Mr. Newton that the builder also likely has the authority to change the design of his home as well.

• Mr. Newton and his wife explained that the reason they purchased Lot 47 was because they had been told that all of the surrounding Lots would be sold as bungalows only as they did not wish to be next to a bunch of two storey homes.


• Acting Chair Louks explained that the Committee has to look at the issue of setback and base their decision on this variance before them.

• Mrs. Koopmans, Senior Planner addressed the Committee and explained that the sightings which were provided to staff show a garage abutting a garage and based on this, the shorter setback is located only at the garage locations on each of the two homes affected. Mrs. Koopmans advised that based on this, staff had no objection to the application.

• Responding to comments from the Committee Members, Mr. Baskerville took a few moments to explain the nature of the variance requested to Mr. and Mrs. Newton.



property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: A. Price SECONDED BY: G. Marsh THAT the minor variance application of Still Meadows Homes Inc., FILE #A-05/064/M (Still Meadows Homes Inc. – Lot 14, Donnelly St), to the Town of Milton Committee of Adjustment and Consent Requesting permission to allow a reduction in building distance separation to 1.2m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance separation of 1.8m on Lot 14, Plan 20M-941, municipally known as Donnelly Street, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. That the approval expires one year from the date of the decision if the conditions are not met, if the proposed development does not proceed and/or a building permit. If applicable is not secured.

2. A building permit must be applied for and received prior to construction.

3. That the variance be applied only to permit the house model, elevation and siting illustrated in

the siting plan submitted with the application. Note:

1. Reduced Spatial Separations may impose construction changes. 2. Development charges are applicable and payable at the time of building permit issuance at the


MOTION TO APPROVE CARRIED




property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: G. Marsh SECONDED BY: A. Price THAT the minor variance application of Still Meadows Homes Inc., FILE #A-05/065/M (Still Meadows Homes Inc. – Lot 16, Donnelly St), to the Town of Milton Committee of Adjustment and Consent Requesting permission to allow a reduction in building distance separation to 1.4m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance separation of 1.8m on Lot 16, Plan 20M-941, municipally known as Donnelly Street, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. That the approval expires one year from the date of the decision if the conditions are not met, if the proposed development does not proceed and/or a building permit. If applicable is not secured.



siting plan submitted with the application. Note:



MOTION TO APPROVE CARRIED • Mr. Baskerville came back to the stand with Mr. and Mrs. Newton and advised the Committee that

they had discussed the nature of the application and that better lines of communication had been promised to them and that they are now supportive of the variance as they now understand how their lot is affected by the application.

MOTION TO APPROVE/DENY/DEFER: Following discussions, and having regard for the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P13: and the Committee, in its opinion, finds:



property; 3. That the application is considered to be within the general intent and purpose of the Official Plan; 4. That the application is considered to be within the general intent and purpose of the Zoning By-law. MOVED BY: A. Price SECONDED BY: G. Marsh THAT the minor variance application of Still Meadows Homes Inc., FILE #A-05/066/M (Still Meadows Homes Inc. – Lot 47, Donnelly Street), to the Town of Milton Committee of Adjustment and Consent requesting permission to allow a reduction in building distance separation to 1.3m, WHEREAS Section 6C*4 of Comprehensive Zoning By-law 144-2003, as amended, requires a building distance separation of 1.8m on Lot 47, Plan 20M-941, municipally known as Donnelly Street, Town of Milton, Regional Municipality of Halton be APPROVED WITH THE FOLLOWING CONDITIONS:

1. That the approval expires one year from the date of the decision if the conditions are not met, if the proposed development does not proceed and/or a building permit, if applicable, is not secured.



siting plan submitted with the application. Note:



MOTION TO APPROVE CARRIED Those persons in attendance were advised of the 20-day appeal period from the date of this decision being rendered. OTHER BUSINESS MINUTES OF JUNE 30, 2005 COMMITTEE OF ADJUSTMENT MEETING MOVED BY: A. Price SECONDED BY: G. Marsh THAT the Minutes of the June 30th, 2005 meeting of the Committee of Adjustment and Consent be approved as circulated.


MOTION CARRIED MINUTES OF JULY 28, 2005 COMMITTEE OF ADJUSTMENT MEETING MOVED BY: A. Price SECONDED BY: G. Marsh THAT the Minutes of the July 28th, 2005 meeting of the Committee of Adjustment and Consent be approved as circulated.

MOTION CARRIED ADJOURNMENT MOVED BY: J. Vanderzand SECONDED BY: A. Price THAT this Meeting of the Milton Committee of Adjustment and Consent do now adjourn with the next meeting to be held on September 29, 2005 at 7:00 p.m.

MOTION CARRIED The meeting adjourned at approximately 10:10 p.m.

Chair

Secretary-Treasurer

Executed Minutes to: Milton Clerk’s Department (original for the record)

Milton Planning and Development Department Milton Building/Zoning Services Halton Regional Planning Department

Files: • B-05/006/M (BOWEN) • A-05/052/M (SCHIRALLI) • A-05/053/M (OKRA (BRONTE) INVESTORS INC.) • A-05/054/M (SEATON) • A-05/055/M (WOOD) • A-05/056/M (GRANT) • A-05/057/M (BRAR) • A-05/058/M (MATTAMY (BROWNRIDGE) LTD. – LOT 214 CHRISTIE CIRCLE) • A-05/060/M (MATTAMY (BROWNRIDGE) LTD. – 1182 BARR CRESCENT) • A-05/061/M (MATTAMY (BROWNRIDGE) LTD. – 975 COULTER WAY) • A-05/062/M (MATTAMY (BROWNRIDGE) LTD. – 913 BENNETT BLVD) • A-05/063/M (HARRIS) • A-05/064/M (STILL MEADOWS HOMES INC. – LOT 14, DONNELLY ST) • A-05/065/M (STILL MEADOWS HOMES INC. – LOT 16, DONNELLY ST) • A-05/066/M (STILL MEADOWS HOMES INC. – LOT 47, DONNELLY ST)

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