committee of adjustment m m1ss1ssauga results · a-042/17 hui ping tian & zi tian 1161 fairdale...

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COMMITTEE OF ADJUSTMENT M M1ss1ssauGa RESULTS Location: COUNCIL CHAMBER Hearing: April 6, 2017AT1:30 P.M. File Name of Applicant Location of Land Ward Decision NEW APPLICATIONS - (CONSENT) B-025/17, ROCCO MARINACCIO 4067 MISSISSAUGA RD 8 Approved A-149/17 & Approved A-150/17 ROCCO MARINACCIO & JULIA MURPHY 1742 PADDOCK GRES Approved MARINACCIO DEFERRED APPLICATIONS -(CONSENT) B-012/17 ADRIAN BEKSHI 726 GARDNER AVE 1 Dec. 14 A-070/17 A-071/17 NEW APPLICATIONS -(MINOR VARIANCE) A-137/17 RANA RIZVI 4881 CREDITVIEW RD 6 Jun. 8 A-138/17 GREEN HEAVEN DEVELOPMENTS INC 959- 961 FOURTH ST 1 Approved A-139/17 Approved A-140/17 BAVANIMAHADEVAN 975 CALDWELL AVE 2 Approved A-141/17 SOPHIE LADOUCEUR 1352 EPTON GRES 2 Approved A-142/17 NHUAN TO VUONG & MINDY VUONG 37 PINE AVES May 25 A-143/17 TEREZA & GEORGE MITZITHRAS 308-312 LAKESHORE RD W Approved A-144/17 DOROTA MASLANKA 3201 GRASSFIRE GRES 3 Approved A-145/17 JERZY & MARIA TERESA PISZCZEK 1534 HAIG BLVD 1 Approved A-146/17 ANDREW & NICOLE ARTUSO 12 ELLESBORO DR 11 Approved A-147/17 COSTCO WHOLESALE CANADA LTD. 5900 RODEO DR 5 Approved A-148/17 TRILLIUM HEAL TH PARTNERS 2200 EGLINTON AVE W 8 Approved A-151/17 NET FREIGHT SYSTEMS INC. 7650 BATH RD 5 Approved DEFERRED APPLICATIONS - (MINOR VARIANCE) A-387/16 GEORGE MOMCILOVIC 3428 THE CREDIT WOODLANDS 6 Jul. 6 Pre-emptory A-014/17 METRO-WIDE GENERAL 264 QUEEN ST S 11 Approved CONTRACTING A-042/17 HUI PING TIAN & ZI TIAN 1161 FAIRDALE DR 6 Approved A-054/17 VERONICA SPENCER 1287 BIRCHVIEW DR 2 Approved A-055/17 RAGHAVAN & SUMATHY 1365 TROTWOOD AVE 1 May25 RAMANATHAN C:\UserslrnarjavlAppData\local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6KYV4T181Dlsp-2017·04-06-BA130.doc; 2017/04/07; 11 :43:31 AM Page: 1 of 1

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Page 1: COMMITTEE OF ADJUSTMENT M M1ss1ssauGa RESULTS · A-042/17 HUI PING TIAN & ZI TIAN 1161 FAIRDALE DR 6 Approved A-054/17 VERONICA SPENCER 1287 BIRCHVIEW DR 2 Approved ... 2017 /04/07;

COMMITTEE OF ADJUSTMENT M M1ss1ssauGa RESULTS

Location: COUNCIL CHAMBER Hearing: April 6, 2017AT1:30 P.M.

File Name of Applicant Location of Land Ward Decision

NEW APPLICATIONS - (CONSENT)

B-025/17, ROCCO MARINACCIO 4067 MISSISSAUGA RD 8 Approved A-149/17 & Approved A-150/17 ROCCO MARINACCIO & JULIA MURPHY 1742 PADDOCK GRES Approved

MARINACCIO

DEFERRED APPLICATIONS -(CONSENT)

B-012/17 ADRIAN BEKSHI 726 GARDNER AVE 1 Dec. 14 A-070/17 A-071/17

NEW APPLICATIONS -(MINOR VARIANCE)

A-137/17 RANA RIZVI 4881 CREDITVIEW RD 6 Jun. 8

A-138/17 GREEN HEAVEN DEVELOPMENTS INC 959- 961 FOURTH ST 1 Approved A-139/17 Approved A-140/17 BAVANIMAHADEVAN 975 CALDWELL AVE 2 Approved

A-141/17 SOPHIE LADOUCEUR 1352 EPTON GRES 2 Approved

A-142/17 NHUAN TO VUONG & MINDY VUONG 37 PINE AVES May 25

A-143/17 TEREZA & GEORGE MITZITHRAS 308-312 LAKESHORE RD W Approved

A-144/17 DOROTA MASLANKA 3201 GRASSFIRE GRES 3 Approved

A-145/17 JERZY & MARIA TERESA PISZCZEK 1534 HAIG BLVD 1 Approved

A-146/17 ANDREW & NICOLE ARTUSO 12 ELLESBORO DR 11 Approved

A-147/17 COSTCO WHOLESALE CANADA LTD. 5900 RODEO DR 5 Approved

A-148/17 TRILLIUM HEAL TH PARTNERS 2200 EGLINTON AVE W 8 Approved

A-151/17 NET FREIGHT SYSTEMS INC. 7650 BATH RD 5 Approved

DEFERRED APPLICATIONS - (MINOR VARIANCE)

A-387/16 GEORGE MOMCILOVIC 3428 THE CREDIT WOODLANDS 6 Jul. 6 Pre-emptory

A-014/17 METRO-WIDE GENERAL 264 QUEEN ST S 11 Approved CONTRACTING

A-042/17 HUI PING TIAN & ZI TIAN 1161 FAIRDALE DR 6 Approved

A-054/17 VERONICA SPENCER 1287 BIRCHVIEW DR 2 Approved

A-055/17 RAGHAVAN & SUMATHY 1365 TROTWOOD AVE 1 May25 RAMANATHAN

C:\UserslrnarjavlAppData\local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6KYV4T181Dlsp-2017·04-06-BA130.doc; 2017 /04/07; 11 :43:31 AM Page: 1 of 1

Page 2: COMMITTEE OF ADJUSTMENT M M1ss1ssauGa RESULTS · A-042/17 HUI PING TIAN & ZI TIAN 1161 FAIRDALE DR 6 Approved A-054/17 VERONICA SPENCER 1287 BIRCHVIEW DR 2 Approved ... 2017 /04/07;

MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 50(3) AND/OR (5) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and-· IN THE MATTER OF AN APPLICATION BY

ROCCO MARINACCIO

on Thursday April 6, 2017

File: "B" 25/17 WARDS

Rocco Marinaccio is the owner of 4067 Mississauga Road being part of Lot 3, Range 4, NOS, zoned R1 - Residential. The applicant requests the consent of the Committee to the conveyance of a parcel of land having an area of approximately 146.29m2 (1,574.65sq.ft.) for the purposes of a lot addition. The intent of the application is for the lands to be conveyed to the adjacent property to the east known as 1742 Paddock Crescent.

The lands are also subject to Minor Variance file "A"149/17.

Mr. W. Oughtred, the authorized agent, attended and presented the application to convey a portion of the rear yard of the property to 1724 Paddock Crescent to increase the lot area and to accommodate the development of a dwelling. He indicated relief to the Zoning By­law would be required for the retained lands for a slight overage in lot coverage.

The Committee reviewed the information submitted with the application.

The Committee received comments and recommendations from the following agencies:

City of Mississauga, Planning and Building Department (April 4, 2017) City of Mississauga, Transportation and Works Department (March 31, 2017) Bell Canada, Right-of-Way (March 20, 2017)

No other persons expressed any interest in the application.

The Secretary-Treasurer reviewed the recommended conditions for the Committee's consideration should the application be approved.

Mr. Oughtred consented to the imposition of the proposed conditions.

The Committee, after considering the submissions put forward by Mr. Oughtred, the comments received and the recommended conditions, is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality.

Page 1 of 3

Page 3: COMMITTEE OF ADJUSTMENT M M1ss1ssauGa RESULTS · A-042/17 HUI PING TIAN & ZI TIAN 1161 FAIRDALE DR 6 Approved A-054/17 VERONICA SPENCER 1287 BIRCHVIEW DR 2 Approved ... 2017 /04/07;

M MISSISSaUGa

File: "B" 25/17 WARD8

The Committee, having regard to those matters under subsection 51 (24) of the Planning Act R.S.O. 1990, c. P.13., as amended, resolves to grant provisional consent subject to the following conditions being fulfilled:

1. Approval of the draft reference plan(s), as applicable, shall be obtained at the Committee of Adjustment office, and; the required number of prints of the resultant deposited reference plan(s) shall be received.

2. An application amendment letter shall be received from the applicant or authorized agent confirming that the conveyed land shall be together with and/or subject to services easement(s) and/or right(s)-of-way, if necessary, in a location and width as determined by·the Secretary-Treasurer based on written advice .from the agencies having jurisdiction for any service or right for which the easement or right-of-way is required; alternatively, a letter shall be received from the applicant or authorized agent confirming that no services easement(s) and/or right(s)-of-way, are necessary.

3. A letter shall be received from the City of Mississauga, Manager of Zoning Plan Examination, indicating that the conveyed land and retained lands comply with the provisions of the Zoning By-law, or alternatively; that any variances are approved by the appropriate authorities and that such approval is final and binding. (A149/17 & A150/17)

4. A letter shall be received from the City of Mississauga, Transportation and Works Department, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated March 31, 2017.

5. A solicitor's undertaking shall be received which shall be to the effect that, at the time of registration of the transfer to which the Secretary-Treasurer's Certificate under the Planning Act, is affixed, the conveyed land and the abutting land being 1742 Paddock Crescent shall be "merged" for Planning Act purposes [see subsections 50(3) and/or 50(5)].

6. An undertaking shall be received from a solicitor confirming that the legal description of the "resultant" lot and the legal description in any mortgage(s) or charge(s) encumbering any part of the "resultant" parcel will be identical within four (4) weeks of the date of the Secretary-Treasurer's Certificate under the Planning Act, or alternatively, that no part of the "resultant" lot is encumbered by any mortgage(s)/charge(s) etc. (The resultant parcel is the conveyed land and the land to which the conveyed land is to be merged).

7. Subsection 50(3) and/or 50(5) of the Planning Act, shall apply to any subsequent conveyance or transaction and the Secretary-Treasurer's Certificate shall contain reference to this stipulation.

Page 2 of 3

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MISSISSaUGa

MOVED BY: D. George SECONDED BY: J. Page

APPLICATION APPROVED ON CONDITIONS AS STATED

Dated at the City of Mississauga on April 13, 2017.

File: "B" 25/17 WARDS

CARRIED

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 7, 2017.

Date of mailing is April 17, 2017.

ABSENT

J. ROBINSON D.KENNEDY

P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

NOTES:

The decision to give provisional consent shall be deemed to be refused if the conditions of. provisional consent, have not been fulfilled on or before April 17, 2018.

See "SUMMARY OF APPEAL PROCEDURES" and "FULFILLING CONDITIONS & CERTIFICATE ISSUANCE" attached.

Page 3 of 3

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M MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

ROCCO MARINACCIO

on Thursday April 6, 2017

File: "A" 149/17 WARDS

Rocco Marinaccio is the owner of 4067 Mississauga Road being part of Lot 3, Range 4, NOS, zoned R1 - Residential. The applicant requests the Committee to authorize a minor variance to permit the existing dwelling to remain on the proposed reduced lot proposing a lot coverage of 27.36% of the lot area (being the retained land of Consent application "B"25/17); whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 25.00% in this instance.

Mr. W. Oughtred, the authorized agent, attended and presented the application to convey a portion of the rear yard of the property to 1724 Paddock Crescent to increase the lot area and to accommodate the development of a dwelling. He indicated relief to the Zoning By­law would be required for the retained lands for a slight overage in lot coverage.

The Committee reviewed the information and plans submitted with the 9pplication.

City of Mississauga, Planning and Building Department (April 4, 2017)

"Recommendation The Planning and Building Department has no objection to the Consent application and associated Minor Variances; however, the applicant may wish to defer the applications to apply for the required Building Permit to ensure that all variances have been correctly identified.

Background

Mississauga Official Plan Character Area: Erin Mills Neighbourhood Designation: Residential Low Density I

Zoning By-law 0225-2007 Zoning: R1 (Residential)

Other Applications: Building Permit File: Required for 17 42 Paddock Crescent Building Permit File: Not Required for 4067 Mississauga Road ·

Comments

Zoning A Building Permit is required for the proposed dwelling at 17 42 Paddock Crescent and in the absence of the required Building Permit we are unable to verify the accuracy of the requested variances or determine whether any additional variance would be required. A Building Permit is not required related to the existing dwelling fronting onto Mississauga Road; however, we are unable to verify that the resulting dwelling will meet all requirements of the Zoning By-law.

Page 1 of 3

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MISSISSaUGa

Planning

File: "A" 149/17 WARDS

The applicant is seeking to transfer a portion of the lot at 4067 Mississauga Road to the lot to the rear at 1742 Paddock Crescent for the purpose of constructing a new dwelling at 17 42 Paddock Crescent. The lot addition creates two lots that are more similar in size and allows a dwelling to be constructed at 1742 Paddock Crescent that is consistent with other dwellings on the street and in the neighbourhood.

Although the reduction in the rear yard setback appears to be significant, the orientation of the dwelling and the lot mean that the rear yard and side yard are swapped from a functionality perspective. The amenity space and larger setback that would normally be associated with the rear yard is in what is considered the side yard by the Zoning By-law and backs onto the property at 4067 Mississauga Road.

The increased lot coverage is partially attributed to covered porch areas, which do not add as significant massing as other parts of the structure that contribute to lot cover.age and the proposed dwelling is in scale with the neighbouring properties and will maintain a consistent streetscape. The increased lot coverage should not represent an appearance of overdevelopment of the lot.

Based on the preceding information, the Planning and Building Department are of the opinion that that lot addition is appropriate and the associated Minor Variances meet the criteria of Section 45(1) of the Planning Act, and has no objection to the application; however, the applicant may wish to defer the applications to apply for the required Building Permit to ensure that all variances have been correctly identified."

No other persons expressed any interest in the application.

The Committee after considering the submissions put forward by Mr. Oughtred and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the requested variance is minor in nature in this instance.

Page 2 of 3

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~ MISSISSaUGa

File: "A" 149/17 WARDS

Accordingly, the Committee resolves to authorize and grant the request as presented.

MOVED BY: D. George SECONDED BY: J. Page CARRIED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITIEE OF ADJUSTMENT A WRITIEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

S. PATRIZIO (CHAIR)

ABSENT

J. ROBINSON D.KENNEDY

J. PAGE 46

1' D.

~.<~--P. QUINN

I certify this .to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

Page 3 of 3

Page 8: COMMITTEE OF ADJUSTMENT M M1ss1ssauGa RESULTS · A-042/17 HUI PING TIAN & ZI TIAN 1161 FAIRDALE DR 6 Approved A-054/17 VERONICA SPENCER 1287 BIRCHVIEW DR 2 Approved ... 2017 /04/07;

M MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

ROCCO MARINACCIO & JULIA MURPHY MARINACCIO

on Thursday April 6, 2017

File: "A" 150/17 WARDS

Rocco Marinaccio & Julia Murphy Marinaccio are the owners of 1742 Paddock Crescent being part of Block 24, Registered Plan M-331 and part of Lot 3, Range 4, NOS, zoned R1 - Residential. The applicants request the Committee to authorize a minor variance to permit the construction of a new two storey dwelling on the subject property proposing:

1. a lot coverage of 32.70% of the lot area; whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 25.00% in this instance;

2. a rear yard of 3.00m (9.84ft.); whereas By-law 0225-2007, as amended, requires a minimum rear yard of 7.50m (24.61ft.) in this instance, and;

3. a walkway attachment width of 2.00m (6.56ft.); whereas By-law 0225-2007, as amended, permits a maximum walkway attachment width of 1.50m (4.92ft.) in this instance.

Mr. Oughtred advised the Committee that the property was created pursuant to a previous consent application and a land purchase from the municipality. He noted that the unique configuration of the property made it challenging to design a dwelling in compliance with the Zoning By-law. Mr. Oughtred outlined the requested variances and suggested that the size of the property would be sufficient to accommodate the dwelling. -

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (April 4, 2017)

"Recommendation The Planning and Building Department has no objection to the Consent application and associated Minor Variances; however, the applicant may wish to defer the applications to apply for the required Building Permit to ensure that all variances have be.en correctly identified.

Background

Mississauga Official Plan Character Area: Erin Mills Neighbourhood Designation: Residential Low Density I

Zoning By-law 0225-2007 Zoning R 1 (Residential)

Page 1 of 3

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Other Applications: Building Permit File: Building Permit File:

Comments

Zoning

MISSISSauGa

Required for 1742 Paddock Crescent Not Required for 4067 Mississauga Road

File: "A" 150/17 WARDS

A Building Permit is required for the proposed dwelling at 1742 Paddock Crescent and in the absence of the required Building Permit we are unable to verify the accuracy of the requested variances or determine whether any additional variance IJ!'.OUld be required. A Building Permit is not required related to the existing dwelling fronting onto Mississauga Road; however, we are unable to verify that the resulting dwelling will meet all requirements of the Zoning By-law.

Planning The applicant is seeking to transfer a portion of the lot at 4067 Mississauga Road to the lot to the rear at 1742 Paddock Crescent for the purpose of constructing a new dwelling at 1742 Paddock Crescent. The lot addition creates two lots that are more similar in size and allows a dwelling to be constructed at 1742 Paddock Crescent that is consistent with other dwellings on the street and in the neighbourhood.

Although the reduction in the rear yard setback appears to be significant, the orientation of the dwelling and the lot mean that the rear yard and side yard are swapped from a functionality perspective. The amenity space and larger setback that would normally be associated with the rear yard is in what is considered the side yard by the Zoning By-law and backs onto the property at 4067 Mississauga Road.

The increased lot coverage is partially attributed to covered porch areas, which do not add as significant massing as other parts of the structure that contribute to lot coverage and the proposed dwelling is in scale with the neighbouring properties and will maintain a consistent streetscape. The increased lot coverage should not represent an appearance of overdevelopment of the lot.

Based on the preceding information, the Planning and Building Department are of the opinion that that lot addition is appropriate and the associated Minor Variances meet the criteria of Section 45(1) of the Planning Act, and has no objection to the application; however, the applicant may wish to defer the applications to apply for the required Building Permit to ensure that all variances have been correctly identified."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Transportation and Works conditions are being addressed through the Consent Application B-025/17."

No other persons expressed any interest in the application.

The Committee after considering the submissions put forward by Mr. Oughtred and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property. ·

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the requested variance is minor in nature in this instance.

Page 2 of 3

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MISSISSaUGa File: "A" 150/17

WARD8 Accordingly, the Committee resolves to authorize and grant the request as presented subject to the following condition:

1. The applicant shall proceed in accordance with the plans reviewed by the Committee.

MOVED BY: D. George SECONDED BY: J. Page CARRIED

APPLICATION APPROVED ON CONDITION AS STATED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITIEE OF ADJUSTMENT A WRITIEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017 ..

S.PATR~---ABSENT II

J. ROBINSON D.KENNEDY

J. PAGE

P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

Page 3 of 3

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M MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

GREEN HEAVEN DEVELOPMENTS INC

on Thursday April 6, 2017

File: "A" 138/17 WARD1

Green Heaven Developments Inc is the owner of 959 Fourth Street being part of Lots 25 & 26, Registered Plan C-21, zoned RM 1-26 - Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of a new semi-detached dwelling on the subject property proposing a height of 8.11m (26.61ft.) measured to the flat roof; whereas By-law 0225-2007, as amended, permits a maximum height of 7.50m measured to a flat roof (24.61ft.) in this instance.

Mr. E. Perlman, a representative of the authorized agent, attended and presented the subject application. Mr. Perlman advised the Committee that the proposal required relief for a slight increase in height for the cornice feature at the front portion of the dwelling.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Department has no objection to the requested variances; however the applicant may wish to defer the application in order to submit updated drawings through the Building Permit process to ensure that all variances have been accurately identified.

Background

Mississauga Official Plan Character Area: Lakeview Neighbourhood Designation: Residential Low Density II

Zoning By-law 0225-2007 Zoning: RM 1-26 (Residential)

Other Applications: Building Permit File: 16-3294

Comments

Zoning

The Planning and Building Department is currently processing a Building Permit application and based on the review of the information currently available, we advise that more information is required to verify the accuracy of the requested variances or determine whether additional variances will be required. The proposed drawings submitted with the

Page 1 of 3

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M MISSISSauGa

File: "A" 138/17 WARD1

Committee of Adjustment application do not match the Building Permit drawings which we currently have and it appears that the dwellings have been redesigned.

Planning The applicant is proposing to construct a new semi-detached dwelling that requires a ·variance to the height of the flat roof, for each unit, along a small portion of the roof line near the front of the dwelling. The variance is required as a result of the architectural feature being more than just a parapet and extending a short distance towards the rear of the dwelling. The main roofline meets the Zoning By-law's permitted maximum height of 7.50 m (24.61 ft.), which represents the majority of the dwelling.

The Planning and Building Department is of the opinion that the intent of the Zoning By-law is maintained, in this instance. The additional height allows for the architectural feature at the front of the dwelling and the requested variances do not create significant additional massing or impact on the neighbourhood, as a result of the majority of the dwelling complying with the Zoning By-law requirements.

Based on the preceding information, the Planning and Building Department has no objection to the requested variances; however the applicant may wish to defer the application in order to submit updated drawings through the Building Permit process to ensure that all variances have been accurately identified. "

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Transportation and Works conditions were addressed through the previous Consent Application B-035/16."

No other persons expressed any interest in the application.

The Committee asked Mr. Perlman to confirm the accuracy of the subject application.

Mr. Perlman confirmed that that the requested variances were accurate and that no additional variances were required. He requested the Committee to proceed with evaluating the merits of the application.

The Committee after considering the submissions put forward by Mr. Perlman and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that tbe general intent and purpose of the Zoning By-law and the Official Plan will be maintained In this instance.

The Committee is of the opinion that the requested variance is minor in nature in this instance.

Page 2 of 3

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MISSISSaUGa File: "A" 138/17

WARD1

Accordingly, the Committee resolves to authorize and grant the request as presented subject to the following conditions:

1. The applicant shall proceed in accordance with the plans reviewed by the Committee.

MOVED BY: J.Page SECONDED BY: D. Reynolds CARRIED

APPLICATION APPROVED ON CONDITIONS AS STATED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

ABSENT ~-J. ROBINSON D.KENNEDY

J. PAGE.

f.-.\ .L-P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY- SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: -A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

Page 3 of 3

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M MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

GREEN HEAVEN DEVELOPMENTS INC

on Thursday April 6, 2.017

File: "A" 139/17 WARD1

Green Heaven Developments Inc is the owner of 961 Fourth Street being part of Lots 25 & 26, Registered Plan C-21, zoned RM1-26 - Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of a new semi-detached dwelling on the subject property proposing a height of 8.11 m (26.61ft.) measured to the flat roof; whereas By-law 0225-2007, as amended, permits a maximum height of 7.50m measured to a flat roof (24.61ft.) in this instance.

Mr. E. Perlman, a representative of the authorized agent, attended and presented the subject application. Mr. Perlman advised the Committee that the proposal required relief for a slight increase in height for the cornice feature at the front portion of the dwelling.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Department has no objection to the requested variances; however the applicant may wish to defer the application in order to submit updated drawings through the Building Permit process to ensure that all variances have been accurately identified.

Background

Mississauga Official Plan Character Area: Lakeview Neighbourhood Designation: Residential Low Density II

Zoning By-law 0225-2007 Zoning: RM1-26 (Residential)

Other Applications: Building Permit File: 16-3294

Comments

Zoning

The Planning and Building Department is currently processing a Building Permit application and based on the review of the information currently available, we advise that more information is required to verify the accuracy of the requested variances or determine whether additional variances will be required. The proposed drawings submitted with the

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M MISSISSaUGa

File: "A" 139/1 l WARD1

Committee of Adjustment application do not match the Building Permit drawings which we currently have and it appears that the dwellings have been redesigned.

Planning The applicant is proposing to construct a new semi-detached dwelling that requires a variance to the height of the flat roof, for each unit, along a small portion of the roof line near the front of the dwelling. The variance is required as a result of the architectural feature being more than just a parapet and extending a short distance towards the rear of the dwelling. The main roofline meets the Zoning By-law's permitted maximum height of 7 .50 m· (24.61 ft.), which represents the majority of the dwelling.

The Planning and Building Department is of the opinion that the intent of the Zoning By-law is maintained, in this instance. The additional height allows for the architectural feature at the front of the dwelling and the requested variances do not create significant additional massing or impact on the neighbourhood, as a result of the majority of the dwelling complying with the Zoning By-law requirements.

· Based on the preceding information, the Planning and Building Department has no objection to the requested variances; however the applicant may wish to defer the application in order to submit updated drawings through the Building Permit process to ensure that all variances have been accurately identified. "·

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Transportation and Works conditions were addressed through the previous Consent Application B-035/16."

No other persons expressed any interest in the application.

The Committee asked Mr. Perlman to confirm the accuracy of the subject application.

Mr. Perlman confirmed that ·that the requested variances were accurate and that no additional variances were required. He requested the Committee to proceed with evaluating the merits of the application.

The Committee after considering the submissions put forward by Mr. Perlman and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property. .

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that t_he requested variance is minor in nature in this instance. ·

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~ MISSISSauGa

File: "A" 139/17 WARD1

Accordingly, the Committee resolves to authorize and grant the request as presented subject to the following conditions:

1. The applicant shall proceed in accordance with the plans reviewed by the Committee.

MOVED BY: J.Page SECONDED BY: D. Reynolds CARRIED

APPLICATION APPROVED ON CONDITIONS AS STATED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE P.RESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

ABSENT

J. ROBINSON D.KENNEDY

J. PAGE

P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required Le. a Building Permit, a Zoning Certificate, a License, etc.

Page 3 of 3

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MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.s-.o. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended· - and -

IN THE MATTER OF AN APPLICATION BY

BAVANIMAHADEVAN

on Thursday April 6, 2017

File: "A" 140/17 -WARD2

Bavani Mahadevan is the owner of 975 Caldwell Avenue being Lot 40, Registered Plan 781, zoned R2-4 - Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of a new two storey dwelling and attached garage on the subject property proposing:

1. a porch encroachment inclusive of stairs of 2.16m (7.09ft.) into the front yard; whereas By-law 0225-2007, as amended, permits a maximum porch encroachment of 1.60m (5.25ft.) into the front yard in this instance;

2. a combined width of the side yards of 4.95m (16.24ft.); whereas By-law 0225-2007, as amended, requires a minimum combined width of the side yards of 6.75m (27.15ft.) in this instance;

3. an height of 7.36m (24.15ft.) measured to the eaves; whereas By-law 0225-2007, as amended, permits a maximum eaves height of 6.40m (21.00ft.) in this instance, and;

4. a dwelling height of 10.00m (32.81ft.) measured to the top of the roof; whereas By­law 0225-2007, as amended, permits a maximum dwelling height of 9.50m (31.17ft.) in this instance.

Mr. E. Peres, the authorized agent, attended and presented the application to construct a new detached dwelling on the subject property. Mr. Peres noted that a small portion of the porch would encroach into the front yard requiring relief to the Zoning By-law. He explained that this variance would allow for an enhanced front fac;:ade. Mr. Peres advised the Committee that the side yard lot lines were not perpendicular to the front lot line which resulted in the side yard widths tapering towards the rear of the dwelling.

Mr. Peres indicated that the roof and eaves of the proposed dwelling had been revised subsequent to the initial submission. He confirmed that he wished to delete the variance for dwelling height and amend the height of the eaves to 6.75 m (22.15ft.).

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Department recommends that the application be deferred to redesign th_e height of the dwelling.

Background

Mississauga Official Plan Character Area: Clarkson-Lorne Park Neighbourhood

. Designation: Residential Low Density I

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~ MISSISSaUGa

Zoning By-law 0225-2007 Zoning: R2-4 (Residential)

Other Applications: Site Plan Approval Application File: 16-144

Comments

Zoning

File: "A" 140/17 WARD2

The Planning and Building Department is currently processing a Site Plan Approval application and based on the review of the information currently available, we advise th.at the following variances should be amended as follows:

"1. a porch encroachment inclusive of stairs of 2.18 m (7 .15 ft) into the front yard; whereas By-law 0225-2007, as amended, permits a maximum porch encroachment of 1.60 m (5.25 ft.) into the front yard in this instance."

The following additional variance is also required:

"an interior side yard (left ·side) setback of 2.03 m (6.66 ft.); whereas By-law 0225-2007, as amended requires minimum of 2.41 m (7.91ft.) to the 2 storey· dwelling_ in this instance."

We further note that variances #2, #3 & #4 are correct, as requested.

Planning The Planning and Building Department has no objection in principle to variances #1, #2, or the additional required variance; however, we are of the opinion that the dwelling should be redesigned to reduce or eliminate the requested height variances.

Caldwell Avenue is largely still composed of bungalows, split levels, and the occasional two storey dwelling. There has been one variance granted for dwelling height in the immediate area at the corner of Woodeden and Caldwell; however staff did not support this request and increased height is the anomaly in the neighbourhood.

The requested height of the roof is consistent along the entire front of the dwelling and the steep pitch of the roof on the edges with the flat area near the front has an effect of increasing the appearance of massing and creates a negative effect on the streetscape.

Based on the preceding information, the Planning and Building Department is of the opinion that the applicant should defer the application and the dwelling should be redesigned to decrease the height of the structure."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Transportation and Works conditions are being addressed through the Site Plan Approval process, File SP-16/144."

A memorandum was received from Ward Councillor Ras expressing concerns with the subject application. She requested the Committee to defer the subject application to allow the applicant to meet with the concerned residents and to address their concerns.

A letter was received from D. & D. Allworth, residents of 982 Caldwell Avenue, stating concerns with the subject application.

A letter was received from J. & D. Maxwell, residents of 991 Caldwell Avenue, stating an objection to the subject application.

A letter was received from M. & H. Nocholishen, residents of 983 Caldwell Avenue, stating concerns with the subject application.

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M MISSISSaUGa

File: "A" 140/17 WARD2

Mr. D. Allworth, c;i. resident of 982 Caldwell Avenue, attended and suggested that the proposed dwelling was not reflective of the character of the .area. Mr. Allworth stated that the proposed height and size of the dwelling was too large in comparison to the existing housing stock on Caldwell Avenue. He noted concerns with the destruction of the mature trees on the property.

Mr. M. Nicholishen, a resident of 983 Caldwell Avenue, attended and expressed his concerns with the proposal. Mr. Nicholishen advised the Committee that he was the abutting neighbour and was most impacted. He explained that the width, depth and height of the dwelling would introduce in inappropriate amount of massing and would impact the view from his property. ·

Ms. D. Maxwell, a resident of 991 Caldwell Avenue, attended and indicated that the proposed dwelling would adversely impact the character of Caldwell Avenue. She noted that the dwelling was too large in comparison to other dwellings in the area.

No other persons expressed any interest in the application.

Mr. Peres requested for the application to be amended to eliminate the dwelling height relief, modify the eaves height relief and include the amendments suggested by the Planning and Building Department.

The Committee consented to the request and, after considering the submissions put forward by Mr. Peres and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property. The Committee noted t.hat the reduced combined side yard width was only towards the rear of the dwelling and was the result of the angular side lot lines. The Committee that the revised dwelling height was appropriate and noted that the Zoning By­law had been updated in 2007 to modernize the development standards for the surrounding neighbourbood.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. -

The Committee is of the opinion that the amended request is minor in nature in this instance.

Accordingly, the Committee resolves to authorize and grant the amended request to permit the construction of a new two storey dwelling and attached garage on the subject property proposing:

1. a porch encroachment inclusive of stairs of 2.18m (7.15ft.) into the front yard; whereas By-law 0225-2007, as amended, permits a maximum porch encroachment of 1.60m (5.25ft.) into the front yard in this instance;

2. a q:imbined width of the side yards of 4.95m (16.24ft.); whereas By-law 0225-2007, as amended, requires a minimum combined width of the side yards of 6.75m (27.15ft.) in this instance;

3. an height of 6.75 m (22.15ft.) measured to the eaves; whereas By-law 0225-2007, as amended, permits a maximum eaves height of 6.40m (21.00ft.) in this instance, and;

4. an westerly side yard of 2.03m (6.66ft.); whereas By-law 0225-2007, as amended requires minimum side yard of 2.41m (7.91ft.) in this instance.

This decision is subject to the following condition:

. 1. The applicant shall proceed in accordance with the site plan and front elevation plan reviewed by the Committee.

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MISSISSaUGa File: "A" 140/17

WARD2

MOVED BY: J. Page SECONDED BY: D. Kennedy CARRIED

APPLICATION APPROVED AS AMENDED ON CONDITION AS STATED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITIEE OF ADJUSTMENT A WRITIEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

ABSENT

, J. ROBINSON D.KENNEDY

t h!i ~ J. PAGE" ~

(

DISSENTED

P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. ·

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M MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and·-IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

SOPHIE LADOUCEUR

on Thursday April 6, 2017

File: "A" 141/17 WARD2

Sophie Ladouceur is the owner of 1352 Epton Crescent being Lot 23, Registered Plan 655, zoned R3 - Residential. The applicant requests the Committee to authorize a minor variance to permit the existing two accessory structures to remain on the subject property proposing:

1. 2 accessory structures (tool shed & barn shed); whereas By-law 0225-2007, as amended, permits .a maximum of 1 accessory structure on the subject property in this instance;

2. a floor area of 13.01m2 (140.00sq.ft.) for the accessory structure (tool shed); whereas By-law 0225-2007, as amended, permits a maximum floor area of 10.00m2

(107.64sq.ft.) for an accessory structure in this instance;

3. an exterior side yard of 0.61 m (2.00ft.) measured to the accessory structure (barn shed); whereas By-law 0225~2007, as amended, requires a minimum exterior side yard of6.00m (19.67ft.) in this instance, and;

4. a rear yard of 0.61 m (2.00ft.) measured to the accessory structure (barn shed); whereas By-law 0225-2007, as amended, requires a minimum rear yard of 1.20m (7.91ft.) to an accessory structure in this instance.

Ms. N. Ladouceur, a representative of the property owner, attended and indicated that the two accessory structures had been on the property for several years and had come to the attention of the municipality due to By-law Enforcement. ·

The Committee review~d the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (April 4, 2017)

"Recommendation The Planning and Building Department has no objection to the requested variances; however, the applicant may wish to defer the application to apply for the required Building Permit or Site Plan Approval applications to ensure that all variances have been accurately captured.

Background

Mississauga Official Plan Character Area: Clarkson-Lorne Park Neighbourhood Designation: Residential Low Density II

Zoning By-law 0225-2007 Zoning: R3 (Residential)

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Other Applications: Building Permit Site Plan Approval Application

Comments

Zoning

M MISSISSaUGa

File:· Required File: Required

File: "A" 141/17 WARD2

A Building Permit application and a Site Plan Approval application are required and in the absence of one of these permit applications we are unable to confirm the accuracy of the requested variances or determine whether additional variances may be required. The Building Permit application will be required for the tool shed, which is oversized.

Planning The applicant is requesting four variances to permit two existing accessory structures to remain on the subject property where only one is permitted. Each of the structures is modest in height and neither creates significant visual impacts to either the street or neighbouring properties. The lot is sufficient in size that the additional accessory structure, as well as the increased Gross Floor Area (GFA) of the tool shed, does not create excessive lot coverage or overbuilding of the lot.

Although the Department does not typically support significant decreases in the required exterior side yard setback for accessory structures, in the instance the location of the shrubs and fences along the exterior side yard of the property screen the structure and the impact on the streetscape is negligible.

Based on the preceding information, the Planning and Building Department has no objection to the requested variances; however, the applicant may wish to defer the application to apply for the required Building Permit or Site Plan Approval applications to ensure that all variances have been accurately captured."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Enclosed are photos depicting the two subject accessory.structures."

A letter was received from residents of 1244, 1250, 1251,1260, 1266, 1270, 1274, 1280,. 1284, 1294, 1300, 1304, 1310, 1313, 1323, 1329, 1339, 1343 Epton Crescent and 1255, 1265, 1288, 1300, 1311, 1317 Ludbrook Court stating their support to the subject application.

A letter was received Mr. C. Robinson, a resident of 1340 Epton Crescent stating his support to the subject application. He expressed there were no concerns with respect to the size and location of the accessory structures (tool and barn shed).

No other persons expressed any interest in the application.

The Committee noted its concerns with the information submitted with the proposal.

· Ms. Ladouceur advised the Committee that she wished to proceed with the application.

The Committee after considering the submissions put forward by Ms. Ladouceur and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the requested variance is minor in nature in this instance.

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MISSISSaUGa File: "A" 1'41/17

WARD2

Accordingly, the Committee resolves to authorize and grant the request as presented.

MOVED BY: D. George SECONDED BY: P.Quinn CARRIED

APPLICATION APPROVED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITIEE OF ADJUSTMENT A WRITIEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing isApril.17, 2017.

ABSENT J. ROBINSON D.KENNEDY

ABSENT D.REYNOLDS

P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

Page 3 of 3

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MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) cif The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

TEREZA & GEORGE MITZITHRAS

on Thursday April 6, 2017

File: "A" 143/17 WARD1

Tereza & George Mitzithras are the owners of 308 Lakeshore Road West being part of Lots 1 & 2, Registered Plan G-22, zoned C4 - Commercial. The applicants request the Committee to authorize a minor variance to permit:

1. the expansion of the existing food bank and accessory uses (English as a second language classes, computer instruction, discussion groups, social services, office uses and an accessory cafe area) into Apartment 1 of 308 Lakeshore Rd West; whereas By- law 0225-2007, as amended, does not permit food banks and these accessory uses in this instance, and;

2. a total of 1 parking space for all uses on site; whereas By-law 0225-2007, as amended, requires a minimum of 2 parking spaces for all uses on site in this instance.

Mr. P. Cullen, the authorized agent, attended and presented the application to permit the expansion of the existing food bank and other community services into an additional unit within the existing building on the property. Mr. Cullen advised the Committee that the operation needed additional office space and wished to make the necessary interior alterations to accommodate its needs. He explained that the existing uses were a non-profit operation and that the expanded office space would also be used for non-profit uses.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (April 4, 2017)

"Recommendation The Planning and Building Department has no objection to the requested variances, as amended.

Background

Mississauga Official Plan Character Area: Port Credit Neighbourhood (West) Designation: Mixed Use

Zoning By-law 0225-2007 Zoning: C4 (Commercial)

Other Applications: Certificate of Occupancy File: 17-4691

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Comments

Zoning

~ MISSISSaUGa

File: "A" 143/17 WARD1

The Planning and Building Department is currently processing a Certificate of Occupancy permit application and based on the review of the information currently available, we advise that the variances should be amended as follows:

"2. no additional parking to be provided on site; whereas By-law 0225-2007, as amended, requires one additional parking space to be provided on site in this instance."

Planning The existing food bank and associated accessory uses is requesting to permit the expansion of the operation into a portion of the building which was previously used for residential purposes. The food bank use itself is permitted in the Zoning By-law; however, some of the accessory uses require a Minor Variance. The accessory uses to the food bank were previously approved and established in 2011 and the expansion on the site will not create any significant additional traffic or parking demands. The currently existing arrangement on site should continue to be adequate arid the expansion will allow for increased ease of operation and efficiency.

The proposed expansion will build slightly upon an existing legal use and help provide increased service for a valuable community use. The proposed use of the building is compatible with the other existing uses on Lakeshore Road West in C4 zoned properties and similar in many ways to other standard retail or personal service establishment uses, which are permitted as of right.

Based on the preceding information, the Planning and Building Department is of the opinion that the intent of the Zoning By-law is maintained and has no objection to the requested variances, as amended."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Enclosed are photos depicting the subject property and parking areas."

Region of Peel, Environment, Transportation and Planning Services (April 4, 2017)

"Any changes to the underground water or sanitary sewer as result of proposed use will require review by the Region of Peel. Site Servicing approvals are required prior to the local municipality issuing building permit."

A letter was received from C. Haneke, a resident of 21 Benson Avenue, stating an objection to the subject application.

A letter was received from A. & P. Adamek, residents of 20 Harrison Avenue, stating concerns with the existing traffic and parking problems in the area.

No other persons expressed any interest in the application.

Mr. Cullen upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Mr. Cullen and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the amended request is minor in nature in this instance.

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M 'MISSISSaUGa

File: "A" 143/17 WARD1

Accordingly, the Committee resolves to authorize and grant the amended request to permit:

1. the expansion of the existing food bank and accessory uses (English as a second language classes, computer instruction, discussion groups, social services, office uses and an accessory cafe area) into Apartment 1 of 308 Lakeshore Rd West; whereas By- law 0225-2007, as amended, does not permit food banks and these accessory uses in this instance, and;

2. no additional parking to be provided on site; whereas By-law 0225-2007, as amended, requires one additional parking space to be provided on site in this instance.

MOVED BY: P. Quinn SECONDED BY: J. Page CARRIED

APPLICATION APPROVED AS AMENDED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

S. PATRIZIO (CHAIR)

ABSENT

J. ROBINSON

M-J. PAGE

(.~ .\~ P. QUINN

'

' D.KENNEDY

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

Page 3 of 3

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M MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR(2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

DOROTA MASLANKA

on Thursday April 6, 2017

File: "A" 144/17 WARD3

Dorota Maslanka is the owner of 3201 Grassfire Crescent being Lot 87 and parts of Lots 88. & 89, Registered Pian 726, zoned.R3 -·Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of an addition to the existing dwelling on the subject property proposing: ·

1. a garage projection of 4.18m (13.71ft.) beyond the front wall of the dwelling; whereas By-law 0225-2007, as amended, permits a garage projection of 0.00 m (0.00 ft.) beyond the front wall of the dwelling in this instance;

2. a front yard of 4.35m (14.27ft.) measured to the proposed garage; whereas By-law 0225-2007, as amended, requires a minimum front yard of 7.50m (24.61ft.) in this instance, and;

3. an eaves encroachment of 3.86m (12.66ft.) into the front yard; whereas By-law 0225-2007, as amended, permits a maximum eaves encroachment of 0.45m (1.48ft.) into the front yard in this instance. ·

Ms. M. Kulesza, the authorized agent, attended and presented the application to construct modifications and alterations to the dwelling to create additional living space within the first storey of the dwelling to accommodate the accessibility needs of her client. She noted that the dwelling would be moved forward and the garage would be reconfigured to allow for the necessary living space. · · ·

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Departmerit has no objection to the application, as amended, but the applicant may wish to defer the application .in order to verify the accuracy of the requested variances.

Background

Mississauga Official Plan Character Area: Applewood Neighbourhood Designation: Residential Low Density I

Zoning By-law 0225-2007 Zoning: R3 (Residential)

Other applications: Building Permit Application: Required

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Comments

Zoning

M MISSISSaUGa

File: "A" 144/17 WARD 3.

We note that a building permit application is required. In the absence of a building permit application we are unable to confirm the accuracy of the requested variances. The applicant is advised that a full zoning review has not been completed; however, in reviewing the variances as outlined in this application, it was apparentthat the following

· variances should be amended as follows:

1. a front garage face setback of 4.35 m (14.27 ft.); whereas By-law 0225-2007 , as amended, requires a front garage face of 7.5 m (24.61 ft.) in this instance;·

3. an eaves encroachment of 0.61 m (2.00 ft.) into the front yard; whereas By-law 0225-2007, as amended, permits a maximu.m eaves encroachment of 0.45 m (1.48 ft.) into a required yard in this in.stance

Planning The subject site is located in the Applewood Neighbourhood, near the intersection of Dixie Road and Bloor Street. The subject property is rever$e pie-shaped with a lot frontage of 28.25 m (92.7 ft.).

The application proposes modifications to the dwelling in order achieve a barrier free access. The application modifies the existing garage and moves it closer to the street.

Variance #1 originally requested a garage projection beyond the front wall of the dwelling. Variance #2 is similar, and requests a reduced front yard measured from the face of the garage. The lot is 28.25 m (92.7 ft.) wide and significantly wider than the neighbourhood context. Variances #1 and #2 are only for sniall sections of the. dwelling. The majority of the front fa9ade is unchanged. A garage projection variance is riot required in this instance. Zoning has recommended an amendment. The amended varian~e is for the setback to the garage face. The dwelling requires two parking spaces. If ttie two parking spaces are

· contained within the garage, no spaces are required on the driveway. The irregularity of the lot' shape results in dimensioning challenges. The shortest distance from the garage to the property line is 4.35 m, but the setback increases to 5.05 m. In our opinion, the variances maintain the general intent of the Zoning By-law, and are considered minor. ·

Variance #3 originally requested an eaves encroachment of 3.86 m (12.66 ft.). Zoning has recommended an amendment. The amended variance is 0.61 m (2.00 ft.) where 0.45 m (1.48 ft.) is permitted. The majority of the dwelling design is unchanged. The eaves are an existing condition for the dwelling. In our opinion, the variance maintains the general intent of the Zoning By-law, and is considered minor.

Based on the preceding, the Planning and Building Department has no objection to the application, as amended, but the applicant may wish to defer the application in order to verify the accuracy of the requested variances."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Minor Variance 2 is .requesting a minor variance to allow a front yard setback of 4.35M measured to the proposed garage whereas a minimum front yard setback of 7.5M is required. As Committee is aware this department typically does not support any reduction bf less than 5.2M measured from the municipal right-of-way to the face of the garage in order to accommodate parking for a vehicle totally within the limits of the property. In this particular instance we acknowledge that with the proposed enlargement of the living room the garage is to be shifted towards the front lot line as a second floor addition is not an option. It shou.ld also be noted that Grassfire Crescent slightly curves in front of the driveway and the requested 4.35 M setback is being measurement from the closest point of the proposed garage to the property line, the other side of the garage would have a 5.04M

. setback. ·

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M MISSISSaUGa ..

File: "A" 144/17 WARD3

In view of the above and acknowledging that the proposal is to accommodate accessibility requirements for the residents of the dwelling we would have no objections to the applicant's request."

A letter was received from Mr P. Pines & Ms K. Pines, residents of 3215 Grassfire · Crescent, stating an objection to the subject application. They expressed their concerns with respect to parking, the size and location of the proposed addition causing their views to be impe9ed. They requested the Committee to refuse the subject application.

A letter was received from Ms S. Pallotta, a resident of 3188 Grassfire Crescent, stating an objection to the subject application. She expressed her concerns with respect to the projection of the garage.

A letter was received from Ms. C. Diaczun, a resident of 3196 Grassfire Crescent, stating an objection to the subject application. She expressed her concerns with respect to parking, and the projected garage fitting with the character of the neighbourhood.

No other persons expressed any interest in the application.

The Committee asked Ms. Kuleska to confirm the accuracy of the subject application.

Ms. Kuleska confirmed that the requested variances were accurate and that no additional variances were required. She requested the Committee to proceed with evaluating the merits of the application.

Ms. Kuleska upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in · accordance ·with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Ms. Kuleska and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the amended request is mir:ior in nature in this instance.

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~ MISSISSaUGa

File: "A" 144/17 WARD3

Accordingly, the Committee resolves to authorize and grant the amended request to:.

1. an eaves encroachment of 0.61m (2.00ft.) into the front yard; whereas By-law 0225-2007, as amended, permits a maximum eaves encroachment of 0.45m (1.48ft.) into the front yard in this instance. · ·

MOVED BY: P.Quinn SECONDED BY: D.Kennedy CARRIED

APPLICATION APPROVED AS AMENDED ·

Da~ed at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTE:N ·NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

~__/ S.PATRIZJO(CHAI) ~-

ABSENT

J. ROBINSON D.KENNEDY

ABSENT D.REYN~• J. PAGE.

· P. QUINN

I certify this to be a true copy of the Committee's decision given. on April 13, 2017. ·

SEAN KENNEY- SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. . - Further approvals from the City of Mississauga may be required i.e. a Building Permit a

·Zoning Certificate, a License, etc. · '

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M MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

JERZY & MARIA TERESA PISZCZEK

on Thursday April 6, 2017

File: "A" 145/17 WARD1

Jerzy & Maria Teresa Piszczek are the owners of 1534 Haig Boulevard being part of Lot 22, Registered Plan 348, zoned R3-75 - Residential. The applicants request the Committee to authorize a minor variance to permit the construction of an addition on the south side of the existing dwelling on the subject property proposing:

1. a northerly side yard of 1.25m (4.1 Oft.) measured to the second storey; whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (5.94ft.) in this instance;

2. a dwelling depth of 22.80m (74.80ft.); whereas By- law 0225-2007, as amended, permits a maximum dwelling depth of 20.00m (65.62ft.) in this instance;

3. a projection of 3.20m (10.50ft.) for the existing garage beyond the front wall of the dwelling; whereas By-law 0225-2007, as amended, permits a maximum garage projection of O.OOm (O.OOft.) beyond the front wall of the dwelling in this instance, and;

4. an eaves projection of 1.17m (3.84ft.) into the northerly side yard; whereas By-law 0225-2007, as amended, permits a maximum eaves projection of 0.45m (1.48ft.) into a side yard in this instance: ·

Ms. M. Kulesza, the authorized agent, attended and presented the application to construct a second storey addition to the existing dwelling. Ms. Kulesza advised the Committee that a portion of the addition would be constructed generally flush with the existing side walls of the dwelling and that a two storey addition would be constructed to expand the south side of the dwelling.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (April 4,2017)

"Recommendation The Planning and Building Department has no objection to the requested variances; however, the applicant may wish to defer the application to apply for the required Building Permit application to ensure that all variances have been accurately identified.

Background

Mississauga Official Plan Character Area: .Lakeview Neighbourhood

Designation: Residential Low Density I

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MISSISSaUGa Zoning By-law 0225-2007 Zoning: R3-75 (Residential)

Other Applications: Building Permit File: Required

Comments

Zoning

File: "A" 145/17 WARD1

A Building Permit application is required and in the absence of a Building Permit application we are unable to confirm the accuracy of the information provided, or determine whether additional variances may be requfred. It is unclear from the site plan that was provided where the eave projection is labelled or required and we cannot confirm the accuracy of that request.

Planning The applicant is proposing additions and alterations to the existing dwelling on the subject property. Variances #1, #2, and->#3 represent existing conditions to the current dwelling and . are not proposed to be worsened through the reconstruction process. The applicant is proposing the majority of the addition on the southerly side of the existing dwelling where they have a significant side yard setback currently. The lots on t~e westerly side of Haig Boulevard are very deep and large in size, with a mix of dwellings sited in a variety of locations across the lots. The added dwelling depth is not a significant change from other properties along the street or from the Zoning By-law, in the context of this neighbourhood, i;tnd is not consistent along one full wall. on the dwelling; the applicant steps the wall further in on the northerly side to break up the massing of a long consistent wall.

The remaining variances are relatively minor deviations from what the Zoning By-law dictates and should not have an impact on the Haig Boulevard streetscape or the surrounding neighbourhood.

Based on the preceding information, the Planning and Building Department has no objection to .the requested variances; however, the applicant may wish to defer the application to apply for the required Building Permit application to ensure that all variances have been accurately identified."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Transportation and Works conditions will be addressed through the Site Plan/Building Permit Approval process"

Region of Peel, Environment, Transportation and Planning Services (April 4, 2017)

"An upgrade of your existing service(s) may be required. Servicing for the proposed development must comply with the Local Municipality's Requirements for the Ontario Building Code and Region of Peel standards. Site Servicing approvals are required prior to the local municipality issuing building permit.

For more information, please call our Site Servicing Technicians at 905.791.7800 x7973.

As per Region of Peel Water design standard 4.3, Hydrants near driveways shall be located a minimum of 1.25 m clear from the projected garage (or edge of driveway, whichever is greater) in residential applications."

No other persons expressed any interest in the application.

The Committee asked Ms. Kuleska to confirm the accuracy of the subject application.

Ms. Kuleska confirmed that the requested variances were accurate and that no additional variances were required. She requested the Committee to proceed with evaluating the merits of the application.

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M MISSISSaUGa

File: "A" 145/17 WARD1

Ms. Kuleska upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Ms. Kuleska and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

' The Committee is of the opinion that the amended request is minor in nature in this instance.

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~ MISSISSaUGa

File: "A" 145/17 WARD1

Accordingly, the Committee resolves to authorize and grant the request as presented.

MOVED BY: D. George SECONDED. BY: J.Page CARRIED

APPLICATION APPROVED.

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

' '

Date of mailing is April 17, 2017.

ABSENT ~ D.KENNEDY J. ROBINSON

J. PAGE

P. QUINN

I certify this to b@ a true copy of the Committee's decision given ori April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES:

- A Development Charge may be payable prior to the issuance of a Building Permit. - Fu.rther approvals from the City of Mississauga may be required i.e. a Building Permit a Zoning Cert1f1cate, a License, etc. '

Page 4 of 4

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M MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as c;imended - and -

IN THE MATTER OF AN APPLICATION BY

ANDREW & NICOLE ARTUSO

on Thursday April 6, 2017

File: "A" 146/17 WARD 11

Andrew & Nicole Artuso are the owners of 12 Ellesboro Drive being Lot 205, Registered Plan 548, zoned R2-50 - Residential. The applicants request the Committee to authorize a minor variance to permit the construction of additions to the existing dwelling on the subject property proposing:

1. a lot coverage of 26.37% of the lot area; whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 25.00% of the lot area in this instance, and;

2. a gross floor area - infill residential of 299.75m2 (3,226.48sq.ft.); whereas By-law 0225-2007, as amended, permits a maximum gross floor area - infill residential of 293.99m2 (3,164.48sq.ft.) in this instance; and,

3. a front yard of 7.493m (24.58ft.); whereas By-law 0225-2007, as amended, requires a minimum front yard of i.50m (24.60ft.) in this instance.

Ms. N Artuso, a co-owner of the property, attended and presented the application to construct an addition to the dwelling and garage. Ms. Artuso advised the Committee that her family required additional space and an enhanced floor plan to accommodate additional family members that would be living at the residence. She outlined the variances proposed.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Department has no objection to the application, as amended.

Background

Mississauga Official Plan Character Area: Streetsville Neighbourhood Designation: Residential Low Density I

Zoning By-law 0225-2007

Zoning: R2-50 (Residential)

Other Applications: Building Permit File: 16-2500

Comments

Zoning

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M MISSISSaUGa

File: "A" 146/17 WARD 11

The Building Department is currently processing a building permit application under file 16-2500. Based on review of the information currently available for this application, we advise that the following additional variance is required:

A front yard setback of 7.493 m (24.583 ft.) to the addition; whereas By-law.0225-2007, as amended, permits a minimt,Jm of 7.5 m (24.6 ft.) in this instance.

Planning The subject site is located in the Streetsveille Neighbourhood, near the intersection of Britannia Road West and Queen "Street North. The subject property is a regular lot, in a context of uniform lots.

The application proposes a second storey and rear additions, and fac;:ade improvements.

Variance #1 is for additional lot coverage. Variance #2 is for additional gross floor area. The additional coverage is an increase of 1.37% over the permitted 25%. The additional gross floor area is.an increase of 5.24 m2

. The second floor massing is significantly set back from the side yard. Notwithstanding the amended variance #3 for less than 1cm reduction in a front yard requirement, no other variances are requested or required. In this instance, the size and massing are sensitive and an appropriate response to the context. In our opinion, the variances maintain the general intent of the Zoning By-law, and are considered minor in nature.

Variance #3 was identified by Zoning. The variance is for a reduction of less than 1 cm of a front yard requirement. It is only for a small portion of a proposed box window. A bay window is existing in this location. In our opinion, the intent of the Zoning By-law is maintained, and is minor in nature.

Based on the preceding, the Planning and Building Department has no objection to the application, as amended.

City of Mississauga, Transportation and Works Department (March 31, 2017)

"We are noting for Committee's information that any Transportation and Works Department concerns/requirements for the proposed additions will be addressed through the Building Permit Process." ·

Region of Peel, Environment, Transportation and Planning Services (April 4, 2017)

"An upgrade of your existing service(s) may be required. Servicing for the proposed development must comply with the Local Municipality's Requirements for the Ontario Building Code and Region of Peel standards. Site Servicing approvals are required prior to the local municipality issuing building permit.

For more information, please call our Site Servicing Technicians at 905.791.7800 x7973."

No other persons expressed any interest in the application.

Ms. N. Artuso upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Ms. Artuso and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property. The Committee expressed its concerns with the overhead garage door at the rear of the garage. Ms. Artuso confirmed that she would replace the proposed overhead garage door at the rear of the garage with a set of pedestrian doors.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

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MISSISSaUGa File: "A" 146/17

WARD 11 The Committee is of the opinion that the amended request is minor in nature in this instance.

Page 3 of 4

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MISSISSaUGa File: "A" 146/17

WARD 11

Accordingly, the Committee resolves to authorize and grant the amended request

This decision is subject to the following conditions:

1. The applicant shall proceed in accordance with a revised site plan reviewed by the Committee.

MOVED BY: J.Page SECONDED BY: D.George CARRIED

APPLICATION APPROVED AS AMENDED ON CONDITIONS AS STATED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

S. PATRIZIO (CHAIR)

ABSENT

J. ROBINSON D.KENNEDY

J. PAGE\).} ( .-'

P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY- SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals frorn the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

Page 4 of 4

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M MISSISSauGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

COSTCO WHOLESALE CANADA LTD

on Thursday April 6, 2017

File: "A" 147/17 WARD5

Costco Wholesale Canada Ltd. is the owner of 5900 Rodeo Drive being part of Block 1, Registered Plan M967, zoned C3-30 - Commercial. The applicant requests the Committee to authorize a minor variance to permit the construction of a.gas bar ancillary to the existing retail store (Costco) on the subject property proposing for the existing drive aisles to remain having a width of 6.76m (22.18ft.); whereas By-law 0225-2007, as amended, requires minimum drive aisle widths of 7.00m (22.97ft.) in this instance. ·

Mr. K. Hall, a representative of the authorized agent, attended and presented the application to permit the construction of a gas bar on the subject property. Mr. Hall advised the Committee that some of the existing drive aisles were deficient in size and noted that modifications would be made in efforts to rehabilitate the drive aisles. He confirmed most aisles could be altered to comply with the Zoning By-law but noted that a few aisles would still remain deficient.

Mr. Hall confirmed that a gas bar was a permitted use and suggested that the rehabilitation of the drive aisles would be beneficial to the functionality of the site.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Department has no objection to the application, but the applicant may choose to defer the application in order to verify the accuracy of the requested variances.

Background

Mississauga Official Plan Character Area: Gateway Employment Area Designation: Mixed Use

Zoning By-law 0225-2007 Zoning: C3-30 (Commercial)

Other Applications: Site Plan Application File: 15-110 Certificate of Occupancy Permit: Required

Comments

Zoning The Building Department is currently processing a site plan approval application under file 15-110. Based on review of the information currently available for this application, we

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MISSISSaUGa File: "A" 147/17

WARD5 advise that more information is required to verify the accuracy of the requested variances or determine whether additional variances will be required.

Planning The subject site is located in the Gateway Employment Area, near the intersection of Britannia Road West and Mavis Road. The subject site is an existing Costco Wholesale location. The application requests a variance for a deficient drive aisle width for certain aisles, which are an existing condition. A gas bar is proposed, and is permitted in this instance. A site plan application is currently in process.

The deficient aisle width of 6.76 m is only for 28 spaces, out of the 760 spaces provided for Costco on site. A similar aisle condition of 6.87 m is for an additional 28 spaces. Additional aisles have deficient widths of 6.92 m to 6.99 m where 7 m is required. The main access aisle widths ranges from 9.14 m to 12.19 m.

The aisles with existing deficient widths are located at the northerly portion of the subject site, whereas the proposed gas bar is located at the southerly portion of the site. No new deficient aisle widths are proposed. The application is not requesting any reduction for any stacking requirements for the gas bar.

In our opinion, the application maintains the general intent of the Zoning By-law, and is considered minor in nature.

Based on the preceding, the Planning and Building Department has no objection to the application, but the applicant may choose to defer the application in order to verify the accuracy of the requested variances." ·

City of Mississauga, Transportation and Works Department (March 31, 2017)

"We note for the Committee's information that the City is currently processing a Site Plan Application for this property, Reference SP 15/110, Transportation and Works Department concerns/requirements for this property will be addressed through the Site Plan Process."

No other persons expressed any interest in the application.

The Committee after considering the submissions put forward by NAME and having reviewed the plans arid comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance. ·

The Committee is of the opinion that the requested variance is minor in nature in this instance.

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MISSISSaUGa File: "A" 147/17

WARDS Accordingly, the Committee resolves to authorize and grant the request as presented subject to the following condition:

1. The applicant shall proceed in accordance with the plan reviewed by the Committee

MOVED BY: J. Page SECONDED BY: D. George CARRIED

APPLICATION APPROVED ON CONDITION AS STATED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

ABSENT

J. ROBINSON D.KENNEDY

J. PAGE D.RE

P. QUINN

I certify this to be a true copy of the Committee's decision_given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

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M MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225:2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

TRILLIUM HEAL TH PARTNERS

on Thursday April 6, 2017

File: "A" 148/17 WARD8

Trillium Health Partners is the owner of 2200 Eglinton Avenue West being part of Lots 14 & 15, Registrar's Compiled Plan 103, zoned 1-3 - Institutional & G1 - Greenlands. The applicant requests the Committee to authorize a minor variance to permit the construction of 92 parking spaces on the subject property proposing a landscape buffer of 2.60m (8.53ft.); whereas By-law 0225-2007, as amended, requires a minimum landscape buffer of 4.50m (14.76ft.) in this instance.

Ms. J. Mondell, the authorized agent, attended and presented the application to permit the construction of additional surface parking spaces on the property. She noted that a small portion of the parking area would slightly encroach into the required landscape buffer. Ms. Mondell noted that additional trees would be planted to enhance the landscaping of the property.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Department has no objection to the requested variance.

Background

Mississauga Official Plan Character Area: Central Erin Mills Major Node Designation: Institutional

· Zoning By-law 0225-2007 Zoning: 1-3 & G1 (Institutional & Greenlands)

Other Applications: Site Plan Approval Application File: SPM 16/96

Comments

Zoning The Planning and Building Department is currently processing a Site Plan Approval application and based on the review of the information currently available, the variance is correct, as requested.

Planning The applicant is proposing to construct a new parking area on the subject property, which requires a variance for a reduced landscape buffer. The reduction occurs at one point where the corner of a parking space creates a pinch point that reduces the landscape buffer width to 2.60 m (8.53 ft.). One other location in the parking area also has a pinch

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MISSISSaUGa File: "A" 148/17

WARDS point where the depth of the landscape buffer is 4.15 m (13.62 ft.). The remaining landscaped areas around the proposed parking area meet or, in most cases, far exceed the required minimum setback in the Zoning By-law.

The Planning and Building Department are of the opinion that the intent of the Zoning By­law is maintained and adequate separation distance and landscaped areas are provided around the proposed parking area.

Based on the preceding information, the Planning and Building Department has no objection to the requested variance."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Transportation and Works conditions are being addressed through the Site Plan Approval process, File SP-16/096."

Region of Peel, Environment, Transportation and Planning Services (April 4, 2017)

"The Region of Peel has no objection to the proposed Minor Variance.

Condition: Any changes to the underground water or sanitary sewer as result of proposed Minor Variance will require review and approvals by the Region of Peel."

Credit Valley Conservation (March 29, 2017)

"SITE CHARACTERISTICS: The subject property is located adjacent to Quenippenon Brook, a Mullet Creek tributary, as well as within an area designa~ed as a Natural Green Space. It is the policy of CVC and the Province of Ontario to conserve and protect the significant physical, hydrological, and biological features associated with the functions of the above noted characteristics and to recommend that no development be permitted which would adversely affect the natural features or ecological functions of these areas.

ONTARIO REGULATION 160/06: This property is subject to the Development, Interference with Wetlands, and Alterations to Shorelines & Watercourses Regulation (Ontario Regulation 160/06). This regulation prohibits altering a watercourse, wetland or shoreline and prohibits development in areas adjacent to the Lake Ontario shoreline, river and stream valleys, hazardous lands and wetlands, without the prior written approval of Credit Valley Conservation (CVC) (i.e. the issuance of a permit).

PROPOSAL: The applicant requests the Committee to authorize a minor variance to permit the construction of 92 parking spaces on the subject property proposing:

1. A landscape buffer of 2.60m (8.53ft); whereas By-law 0225-2007, as amended, requires a minimum landscape buffer of 4.50m (14.76ft) in this instance.

COMMENTS: The requested minor variance does not impact the Authority's interests. As such, CVC has lio concerns and no objection to the approval of this minor variance by the Committee at this time. The proposed development from Site Plan: C-101 is not within the Credit Valley Conservation regulated area however, the parcel is subject to CVC regulations in the north­eastern corner of the property and therefore we require any applications for development be reviewed by eve in the future."

A representative of 2153 Wincanton Crescent, attended and expressed her concerns with the subject application. She noted concerns with respect to access, traffic and the loss of landscaping.

No other persons expressed any interest in the application.

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MISSISSaUGa File: "A" 148/17

WARDS

The Committee after considering the submissions put forward by Ms. Mondell and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official.Plan will be maintained in this instance.

The Committee is of the opinion that the requested variance is minor in nature in this instance.

Accordingly, the Committee resolves to authorize and grant the request as presented .

MOVED BY: D. George . SECONDED BY: J. Page CARRIED

APPLICATION APPROVED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITIEE OF ADJUSTMENT A WRITIEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

S. PATRl-e!lt~ ABSENT

J. ROBINSON

J. PAGE

f.i.\~ . P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY- SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

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MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

NET FREIGHT SYSTEMS INC.

on Thursday April 6, 2017

File: "A" 151/17 WARD5

Net Freight Systems Inc. is the owner of 7650 Bath Road being part of Blocks B, J, Registered Plan M-841, zoned E2 - Employment. The applicant requests the Committee to authorize a minor variance to permit Motor Vehicle Repair Facility - Commercial Motor Vehicle and Motor Vehicle Body Repair Facility - Commercial Motor Vehicle uses accessory to the existing Motor Vehicle Sales, Leasing and/or Rental Facility - Commercial Motor Vehicles, Warehouse/Distribution Facility and Truck Terminal on the subject property; whereas By-law 0225-2007, as amended, does not permit Motor Vehicle Repair Facility - Commercial Motor Vehicle and Motor Vehicle Body Repair Facility - Commercial Motor Vehicle uses in this instance.

Mr. W. Oughtred, the authorized agent, attended and presented the application to permit motor vehicle repair services to be provided in addition to the existing vehicle sales operation. Mr. Oughtred indicated that the site contained a truck terminal and suggested that the proposed additional uses were appropriate.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Department has no objection to the application.

Background

Mississauga Official Plan Character Area: Northeast Employment Area Designation: Business Employment

Zoning By-law 0225-2007 Zoning: E2 (Employment)

Other Applications: Certificate of Occupancy File: 17-5299

Comments

Zoning The Building Department is currently processing a certificate of occupancy permit application under file 17-5299. Based on review of the information currently available for this building permit, the variances, as requested are correct.

We note that the variance requests the additional use as accessory, but the 2017 qertificate of occupancy lists the additional use as primary.

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MISSISSaUGa

Planning ,

File: "A" 151/17 WARDS

The subject site is located in the Northeast Employment Area near Airport Road and the northerly limits of the City of Mississauga. The area has a variety of manufacturing and industrial buildings and uses.

The application seeks to permit a new commercial motor vehicle repair facility use within the subject property. The subject property is an existing truck terminal.

The variance requests a commercial motor vehicle repair facility use. The proposed use will be located entirely within the existing building on site, no exterior changes are proposed. The site is located midblock within an area of manufacturing and industrial uses, as well as motor and transport facilities. The property is located within an industrial employment area with adjacent properties in the area also being designated as Business Employment. In the opinion of Planning Staff there should be no additional impact on adjacent lands from the proposed variance. The Planning and Building Department is of the opinion that the requested variance is minor in nature and maintains the general intent of the Official Plan and Zoning By"law.

Based on the preceding, the Planning and Building Department has no objection to the application."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Enclosed . for Committee's easy reference are some photos which depict the subject property."

Region of Peel, Environment, Transportation and Planning Services (April 4, 2017)

"Any changes to the underground water or sanitary sewer as result of proposed use will require review by the Region of Peel. Site Servicing approvals are required prior to the local municipality issuing building permit.

For more information, please call our Site Servicing Technicians at 905.791.7800 x7973."

No other persons expressed any interest in the application ..

The Committee after considering the submissions put forward by Mr. Oughtred and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this. instance.

The Committee is of the opinion that the requested variance is minor in nature in this instance.

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MISSISSaUGa File: "A" 151/17

WARD5

Accordingly, the Committee resolves to authorize and grant the request as presented.

MOVED BY: P. Quinn SECONDED BY: J.Page CARRIED

APPLICATION APPROVED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017 .

. ABSENT

J. ROBINSON D.KENNEDY

J. PAGE D.R

l ~.~ P. QUINN

I certify this to be a true copy of the.Committee's decision given on April 13, 2017.

SEAN KENNEY- SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

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MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

METRO-WIDE GENERAL CONTRACTING

on Thursday April 6, 2017

File: "A" 14/17 WARD 11

Metro-Wide General Contracting is the owner of 264 Queen Street South being Lot 3, Registered Plan STR-4, zoned C4 - Commercial. The applicant requests the Committee to authorize a minor variance to permit the construction of additions to the existing building on the subject property proposing:

1. 10 parking spaces (including 4 tandem parking spaces); whereas By-law 0225-2007, as amended, requires a minimum of 13 parking spaces and do~s not permit tandem parking spaces in this instance;

2. no loading space on site; whereas By-law 0225-2007, as amended, requires 1 loading space on site in this instance;

3. a landscape buffer width of O.OOm (O.OOft.) adjacent to a Residential zone; whereas By-law 0225-2007, as amended, requires a minimum landscape buffer width of 4.50m (14.76ft.) in this instance; and,

4. a driveway aisle width of 3.25m (10.66ft.); whereas By-law 0225-2007, as amended, requires a minimum driveway aisle width of 7.00m (22.96ft.) in this instance.

On January 5, 2017, Mr. W. Oughtred, authorized agent, attended and requested a deferral to allow for a concurrent Payment-in-Lieu of Parking application to be finalized.

The Committee reviewed the information and plans submitted with the application.

The City of Mississauga Planning and Building Department (December 23, 2016)

"Recommendation The Planning and Building Department recommends. that the application be deferred.

Background

Mississauga Official Plan Character Area: Streetsville Community Node Designation: Mixed Use

Zoning By-law 0225-2007 Zoning: C4

Other Applications: Site Plan Application: SP 12-189

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Comments

Zoning

M MISSISSaUGa

File: "A" 14/17 . WARD 11

The Building Department is currently processing a site plan approval application under file SP 12-189. Based on review of the information currently available for this application, we advise that more information is required.

Planning The subject site is a heritage designated property in the Streetsville Community Node.

Staff has discussed the application with the agent. It is Staff's understanding that the agent . will request a deferral of the application in order to resubmit the site plan. Staff supports the decision.

The Planning a~d Building Department recommend that the application be deferred."

The City of Mississauga Transportation and Works Department (December 22, 2016)

"We note for Committee's information that the City is currently processing a Site Plan Application for this property, Reference SP 12/189. Transportation and Works Department concerns/requirements for this property will be addressed through the Site Plan Process."

The City of Mississauga Community Services Department, Heritage (December 20, 2016)

"The subject property is designated under Part IV of the Ontario Heritage Act. The property · contains the building known as the T.I. Bowie Medical Hall and house, c.1900.

Heritage Planning has no objection to the subject minor variance application as it will contribute to the continued use of the heritage resource."

No other persons expressed any interest in the application.

The Committee consented to the request and deferred the application to the March 2, 2017 hearing.

On March 2, 2017, Mr. W. Oughtred, the authorized agent, attended and requested a deferral to allow additional time for staff to complete their review of the cipplication.

The Committee reviewed the information and plans submitted with the application.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (February 24, 2017)

"Recommendation The Planning and Building Department recommends that the application be deferred.

Background

Mississauga Official Plan Character Area: Streetsville Community Node Designation: Mixed Use

Zoning By-law 0225-2007 Zoning: C4

Comments

Zoning The Building Department is currently processing a site plan approval application under file SP 12-189. Based on review of the information currently available for this application, we

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MISSISSauGa File: "A" 14/17

WARD 11 advise that more information is required to verify the accuracy of the requested variance(s) or determine whether additional variance(s) will be required.

Planning Following the deferral of the application in January 2017, a Site Plan Application resubmission was circulated on February 14, 2017. Staff is currently reviewing the revised Site Plan Application.

The Planning and Building Department recommends that the applicatio_n be deferred."

City of Mississauga, Transportation and Works Department (February 23, 2017)

"Please refer to our comments submitted for the January 5, 2016 hearing of this application as those comments are still applicable."

No other persons expressed any interest in the application.

The Committee consented to the request and deferred the application to the April 6, 2017 hearing.

On April 6, 2017, Mr. W. Oughtred, the authorized agent, attended and presented the application to permit a commercial office to operate on the property with various deficiencies. He noted that the property had gone through substantial review including heritage review and identified the requested on the site plan he presented. It was Mr. Oughtred's opinion that the proposed use was appropriate and the site deficiencies minor in nature.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (April 4, 2017)

"Recommendation The Planning and Building Department has no objection to the application, as amended.

Background

Mississauga Official Plan Character Area: Streetsville Community Node, Special Site #5 Designation: Mixed Use

Zoning By-law 0225-2007 Zoning: C4 (Commercial)

Comments

Zoning The Building Department is currently pr9cessing a site plan approval application under file SP 12/189. Based on review of.the information currently available for- this application, we advise that the following additional variance is required;

5. A side yard setback of 4.05m (13.28 ft) to the new concrete ramp adjacent to the residential zone, whereas By-law 225-2007 requires a minimum of 4.5m side yard setback to a residential zone.

Planning The subject site is located in the Streetsville Community Node, near the intersection of Queen Street South and Thomas Street. The subject property is Designated on the Heritage Registrar.

The subject application proposes modifications to the rear of the dwelling, and requests variances for the parking and landscaped area.

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File: "A" 14/17 M1ss1ssauGa wARD 11

The subject property is a slightly irregular shaped lot. The Streetsville United Church is located directly to the south, and a former funeral establishment is located directly to the north. Parking in the rear is the common condition for the Streetsville Community Node.

A site plan application is currently under review.

The variances relate to parking, loading spaces, landscape buffer and driveway aisle. The existing Designated property creates challenges for site layout. Tandem parking, no loading spaces, and reduced landscape buffer and driveway aisle are common conditions along Queen Street South in Streetsville Community Node. The adjacent land to the south is Streetsville United Church, which is zoned residential. While generally this Department does not support a 0 m landscape buffer adjacent to a residential zone, in this instance the nearest portion of the lands is parking and ancillary buildings for the church. A landscape buffer is provided at the rear of the subject property. The reduce aisle width is existing and provides access for a limited number of spaces. The subject property is in many ways similar to properties on Queen Street South; in our opinion and in this instance, the general intent of the Zoning By-law is rnaintained, and the variances are c?nsidered minor.

We note that no parking space reduction has been requested and that the applicant has indicated parking shortfall will be addressed through Payment in Lieu o! Parking (PIL).

Based on the preceding, the Planning and Building Department .has no objection to the application, as amended."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Please refer to our comments submitted for the January 5, 2017 Hearing as those comments are still applicable."

City of Mississauga, Community Services Department, Culture Division (April 5, 2017)

"The subject property is designated under Part IV of the Ontario Heritage Act. The property contains the building known as the T.I. Bowie Medical Hall and house, c.1900.

Heritage Planning has no objection to the subject minor variance application as it will contribute to the continued use of the heritage resource."

No other persons expressed any interest in the application.

Mr. Oughtred upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Mr. Oughtred and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the amended request is minor in nature in this instance.

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M MISSISSaUGa

File: "A" 14/17 WARD 11

Accordingly, the Committee resolves to ·authorize and grant the amended request to permit the construction of additions to the existing building on the subject property proposing:

1. 1.0 parking spaces (including 4 tandem parking spaces); whereas By-law 0225-2007, as amended, requires a minimum of 13 parking spaces and does not permit tandem parking spaces in this instance;

2. no loading space on site; whereas By-law 0225-2007, as amended, requires 1 loading space on site in this instance;

3. a landscape buffer width of O.OOm (O.OOft.) adjacent to a Residential zone; whereas By-law 0225-2007, as amended, requires a minimum landscape buffer widt.h of 4.50m (14.76ft.) in this instance;

4. . a driveway aisle width of 3.25m (10.66ft.); whereas By-law 0225-2007, as amended, requires a minimum driveway aisle width of 7.00m (22.96ft.) in this instance; and,

5. a side yard setback of 4.05m (13.28ft.) to the new concrete ramp adjacent to the residential zone, whereas By-law 225-2007 requires a minimum of 4.5m side yard setback to a residential zone.

MOVED BY: J. Page SECONDED BY: D. Reynolds CARRIED

APPLICATION APPROVED AS AMENDED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITIEE OF ADJUSTMENT A WRITIEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

ABSENT

J. ROBINSON

J.PAGE UJy P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

-SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

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MISSISSaUGa

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended , - and -

IN THE MATTER OF AN APPLICATION BY

HUIPING TIAN & ZI TIAN

on Thursday April 6, 2017

File: "A" 42/17 WARD6

Huiping Tian & Zi Tian are the owners of 1161 Fairdale Drive being Lot 153, Registered Plan 745, zoned R3, Residential. The applicants request the Committee to authorize a minor variance to permit the existing driveway to remain on the subject property having a width of 7.40m (24.28ft.) and having a setback from the edge of driveway to the side lot line of 0.39m (1.27ft.) iii this instance; whereas By-law 0225-2007, as amended, permits a maximum driveway width of 6.00m (19.68ft) and requires a minimum setback from the edge of driveway to the lot line of 0.60m (1.96ft.) in this instance.

On February 9, 2017, Messrs. H. & Z. Tian, the property owners, attended and presented the application.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (February 3, 2017)

"Recommendation The Planning and Building Department recommends that the application be refused.

Background

Mississauga Official Plan Character Area: Erindale Neighbourhood Designation: Residential Low Density II

Zoning By-law 0225-2007 Zoning: R3

Comments

Zoning The applicant is advised that a full zoning review has hot been completed; however, in reviewing the variance as outlined in this application, it was apparent that the following additional variance is required:

to permit a minimum front soft landscape area of 37% whereas By-law 225-2007, as amended requires a minimum front soft landscape area of 40% in this instance,

Planning The subject site is located in the Erindale Neighbourhood near Erindale Station Road and Dundas Street West. The neighbourhood context is detached dwellings and semi-detached dwellings.

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WARD6 The requested driveway width and design creates excessive hard surface and insufficient soft area landscaping. The intent of the requirements in the Zoning By-law is to permit a driveway width limited to provide space for two vehicles to· be parked side by side. A driveway width of 11.08 m would provide space for four vehicles to be parked side by side. A walkway that is parallel and abutting a driveway is considered part of the driveway width because it creates an. opportunity for vehicles to park. In our opinion, the intent of the Zoning By-law is not maintained, the intent of the Official Plan is not maintained, it is not desirable or appropriate development, and it is not minor.

Based on the preceding, the Planning and Building Department recommend that the application be refused."

City of Mississaug.a, Transportation and Works Department (February 2, 2017)

"This department is not supportive of the existing driveway as widened and would recommend that modifications be made which would discourage three vehicles from being parked side-by-side on the driveway. With regards to the widened driveway within the municipal boulevard area we would request that this area be reinstated with topsoil and sod.

In view of the above we would recommend that this application be deferred until such time that the applicant has provided a revised plan acceptable to both the Planning and Building and Transportation and Works Department staff which would specifically highlight the details of any modifications required to the existing driveway which could be supported by City staff."

A memorandum was received from Ward Councillor Starr expressing concerns for the subject application.

A letter was received from A. Bur, a resident of 1170 Conyers Crescent, stating an objection to the subject application.

A letter was received from B. Jones & A. Galletti, residents of 1213 Conyers Crescent; stating an objection to the subject application.

A letter was received from D. & Z. Reder, residents of 1173 Fairdale Drive, stating an objection to the subject application.

A letter was received from G. Kaspard, a resident of 3189 Valmarie Avenue, stating an objection to the subject application.

A letter was received from M. Knight, a resident of 1224 Fairdale Drive, stating an objection to the subject application.

A letter was received from G. S. Wylie, a resident of 1215 Conyers Crescent, stating an objection to the subject application.

A letter was received from B. Holdridge, a resident of 3182 Valmarie Avenue, stating an objection to the subject application.

A letter was received from D. & P. Coulman, residents of 3206 Valmarie Avenue, stating an objection to the subject application. · ·

A letter was received from K. Philpott, a resident 'of 1223 Fairdal.e Drive, stating an objection to the subject application.

A letter was received from C. & J. Thomson, residents of 1176 Fairdale Drive, stating an objection to the subject application.

A letter was received from J. McEwan, a resident of 1167 Fairdale Drive, stating an interest in the subject application.

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No other persons expressed any interest in the application.

File: "N 42/17 WARD6

The Committee expressed concerns with proceeding with evaluating the application in its current form. They explained that staff had identified several concerns with the proposal in their reports.

Messrs. Tian and Tian requested a deferral of the application to allow them the opportunity to meet with staff and the councillor and to consider revising the proposal.

The Committee consented to the request and deferred the application to the April 6, 2017 hearing.

On April 6, 2017, Mr. H. Tian, a co-owner of the property, attended and presented the revised application. Mr. Tian presented a site plan depicting a reduced driveway width and walkway with the balance of the property being maintained with soft landscaping.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Department has no objection to the application, but the applicant may wish to defer the application in order to verify the accuracy of the requested variance.

Background

Mississauga Official Plan Character Area: Erindale Neighbourhood Designation: Residential Low Density II

Zoning By-law 0225-2007 Zoning: R3 (Residential)

Comments

Zoning Notwithstanding the above, based on information provided with this application, we are unable to confirm the accuracy of the requested variances or determine whether further additional variances may be required.

Planning The subject site is located in the Erindale Neighbourhood near the intersection of Erindale Station Road and Dundas Street West. The neighbourhood context is detached dwellings and semi-detached dwellings.

The applicant has met with staff and redesignedJhe driveway.

Previously, the application requested a·driveway width of 11.08 m, and a driveway setback of 0.39 m. The revised application requests a driveway width of 7.40 m, and a driveway setback of 0.39 m. The application indicates reinstatement of soft landscape area. The application indicates a· walkway is necessary for accessibility purposes.

An accessible parking space is 3.4 m wide, and requires an access aisle of 1.5 m.

The subject lot has a lot frontage of 18.3 m, (60 ft.) whereas the By-law requirement in this instance is 15 m. The subject lot is slightly pie shaped, resulti.ng in a wider frontage than the area context. The immediate subject area is detached and semi-detached dwellings.

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MISSISSaUGa File: "A" 42/17

WARD6 The former Zoning By-law 5500, would have permitted a driveway width of 8.5 m in this instance.

In this instance, and on a lot with a significant frontage, it is our opinion that the requested variances maintain the general intent of the Zoning By-law and are considered minor in nature.

Based on the preceding, the Planning and Building Department has no objection to the application, but the applicant may wish to defer the application in order to verify the accuracy of the requested variance."

City of Mississauga, Transportation and Works Department (March 31, 2017)

"Further to our comments submitted for the February 9, 2017 Hearing we are advising that we have no objections to the recirculated Amended Notice which is proposing a driveway width of 7.40M and having a setback from the edge of driveway to the side lot line of 0.39M. The applicant has also provided a sketch site plan and photo depicting the proposed modifications which we support. In view of the above we have no objections to the applicant's request."

A letter was received from M. Knight, a resident of 1224 Fairdale Drive, stating an objection to the subject application.

A letter was received from A. Burr, a resident of 1170 Conyers Crescent, stating an objection to the subject application.

A 1!3tter was received from J. McEwan, a resident of 1167 Fairdale Drive, stating an objection to the subject application.

Ms. J. McEwan, a resident of 1167 Fairdale Drive, attended and expressed her concerns · with the proposal.

No other persons expressed any interest in the application.

The Committee after considering the submissions put forward by Mr. Tian and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the requested variance is minor in nature in this instance.

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· WARDS Accordingly, the Committee resolves to authorize and grant the request as presented.

MOVED BY: J. Page SECONDED BY: P. Quinn CARRIED

APPLICATION APPROVED

Dated at the City ?f Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

ABSENT

J. ROBINSON

P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

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COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MATTER OF AN APPLICATION BY

VERONICA SPENCER

on Thursday April 6, 2017

File: "A" 54/17 WARD2

Veronica Spencer is the owner of 1287 Birchview Drive being Lot 45, Registered Plan 336, zoned R2-5, Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of an accessory structure in the rear ya.rd having a floor area of 18.58m2 (200.00sq.ft.}; whereas By-law 0225-2007, as amended, permits an accessory structure having a floor area of 10.00m2 (107.64sq.ft.} in this instance.

On February 9, 2017, Mr. V. Gupta, the authorized agent, attended and requested a deferral of the application to provide additional information to staff in order to confirm the accuracy of the requested variances.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (February 3, 2017)

"Recommendation The Planning and Building Department recommends that the applicant defer the application to submit additional information to clarify their request and ensure that all variances have been accurately identified.

Background

Mississauga Official Plan Character Area: Clarkson-Lorne Park Neighbourhood Designation: Residential Low Density I

Zoning By-law 0225-iOO? Zoning: R2-5 (Residential)

Other Applications: Building Permit File: BP 9NEW 16R 3977

Comments

Zoning The Planning and Building Department is currently processing a Building Permit application and based on the review of the application, we advise that more information is required to verify the accuracy of the requested variance or c;Jetermine whether additional variances will be required. We require the dimensions to be provided for the height of the structure to ensure that it is within the Zoning By-law permissions.

Planning 1he subject property is a very large lot that could reasonably accommodate an accessory structure that is larger in Gross Floor Area (GFA) than the Zoning By-law permits without causing a negative impact to neighbouring property· owners; however, it appears that an

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WARD2 additional variance may be required for the height of the structure and the applicant should consider deferring the application to ensure that all variances have been correctly identified.

The applicant has not provided elevations of the proposed accessory structure so we are unable to confirm any potential variances that may be required related to height. On the provided site plan, in the statistics table, there are different rows that indicate 3.00 m (9.84 ft.) height to the eave and also to the highest point of the structure, but it is unclear if the structure has a flat roof or which measurement is accurate. Further, the structure is labelled as a shade structure, which seems to imply that it may not be fully enclosed and as a result may be more appropriately classified as a gazebo or a pergola, depending on the roof structure. The applicant should confirm what type of structure is proprn01ed to ensure that the requested variance is properly worded.

While the Department does not have a concern with the single requested variance in principle, the applicant should consider deferring the application in order to ensure that they have captured all the necessary variances and have expressed them correctly."

City of Mississauga, Transportation and Works Department (February 2, 2017)

"This department would have no objections to the applicant's request to permit the construction of an accessory structure in the rear yard provided that the existing drainage pattern be maintained."

A letter was received from M. Dubek, a resident of 1278 Morbridge Court, expressing an interest in the subject application.

A letter was received from P. Korth, a resident of 1284 Morbridge Court, expressing an interest in the subject application. -

No other persons expressed any interest in the application.

The Committee consented to the request and deferred the application to the April 6, 2017 hearing. ·

On the April 6, 2017, Mr. V. Gupta, the authorized agent, attended and presented the application to permit the construction of a pool cabana within the rear yard of the property. Mr. Gupta noted that the structure would be slightly too large but would otherwise comply with the Zoning By-law.

The Committee reviewed the information and plans submitted with the application.

City of Mississauga, Planning and Building Department (March 31, 2017)

"Recommendation The Planning and Building Department recommends that the applicant defer the application to subrnit additional information to clarify their request and ensure that all variances have been accurately identified.

Background

Mississauga Official Plan Character Area: Clarkson-Lorne Park Neighbourhood Designation: Residential Low Density I

Zoning By-law 0225-2007 Zoning: R2-5 (Residential)

Other Applications: Building Permit File: BP 9NEW 16R 3977

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Comments

Planning

MISSISSauGa File: "A" 54/17

WARD2

As we have not received any updated information, the Planning and Building Department comments from the February 9, 2017 Committee of Adjustment hearing are still applicable."

City of Mississauga, Transportation ahd Works Department (March 31, 2017)

"Please refer to our comments submitted for the February 9, 2017 Hearing as those comments are still applicable."

No other persons expressed any interest in the application.

The Committee after considering the submissions put forward by Mr. Gupta and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the requested variance is minor in nature in this instance.

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Accordingly, the Committee resolves to authorize and grant the request as presented,

MOVED BY: J. Page SECONDED BY: P. Quinn CARRIED

APPLICATION APPROVED

Dated at the City of Mississauga on April 13, 2017.

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION.; GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE MAY 3, 2017.

Date of mailing is April 17, 2017.

ABSENT ~\.-J. ROBINSON D.KENNEDY

J. PAGE

f.~.\~ P. QUINN

I certify this to be a true copy of the Committee's decision given on April 13, 2017.

SEAN KENNEY - SECRETARY-TREASURER

A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e.-a Building Permit, a z.oning Certificate, a License, etc.

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