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COMMITTEE of ADJUSTMENT AGENDA Wednesday December 11, 2019 2:00 PM

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COMMITTEE of ADJUSTMENT AGENDA Wednesday December 11, 2019 2:00 PM TOWN OF WHITCHURCH - STOUFFVILLE COMMITTEE OF ADJUSTMENT AGENDA Wednesday December 11, 2019 2:00 PM Council Chambers 111 SANDIFORD DRIVE Please ensure cell phones are turned off or set to be silent. Chair: Joanne Burnett Page 1. CALL TO ORDER 2. INTRODUCTION OF ADDENDUM ITEMS 3. CONFIRMATION OF AGENDA 4. DECLARATIONS 5. ADOPTION OF MINUTES 2 - 7 1. November 13, 2019 Minutes 6. CONSIDERATION OF ITEMS 8 - 28 1. Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy Rd., Whitchurch-Stouffville Application File CA-19-30 7. CORRESPONDENCE 8. OTHER BUSINESS 9. MOTION TO ADJOURN TOWN OF WHITCHURCH-STOUFFVILLE COMMITTEE OF ADJUSTMENT MINUTES Wednesday, November 13, 2019 2:00 p.m. Council Chambers 111 Sandiford Drive, Stouffville Chair: Joanne Burnett The meeting of the Committee of Adjustment was held on the above date and time. Members Present: Carin Bacher, Joanne Burnett, Dean Horner, Lori Doner Jones, Ken Wilson. Members Absent: Staff Present: Casandra Bagin, Kitty Bavington, Kathryn Jones, Hena Kabir and Kristina Soolepp 1. CALL TO ORDER 2. APPOINTMENT The Chair asked for nominations for a Secretary-Treasurer to the Committee for this meeting. Moved by Ken Wilson Seconded by Lori Doner Jones That Kitty Bavington be appointed Secretary-Treasurer to the Committee. Carried 3. INTRODUCTION OF ADDENDUM ITEMS 1 Memorandum from Committee Coordinator, re: Minutes of September 11, 2019 Meeting 2 Item 1 - Memorandum from Committee Coordinator. re: Staff Report for CA-19-28 November 13, 2019 Minutes Page 2 of 28 Committee of Adjustment Minutes November 13, 2019 4. CONFIRMATION OF AGENDA Moved by Carin Bacher Seconded by Dean Horner That the Committee of Adjustment confirm the agenda, as amended; and That a new category named “Other Business” be added following “Correspondence” on all future agendas. Carried 5. DECLARATIONS None 6. ADOPTION OF MINUTES 1. Minutes of September 11, 2019 Moved by Carin Bacher Seconded by Dean Horner That the Committee of Adjustment adopt the minutes from the meeting on September 11, 2019, as amended to correct the comments on page 2 of 8, with the following: The agent advised the house is not 7,500 square feet and the proposed garage is not in the flood zone. Carried 2. Minutes of October 16, 2019 Moved by Carin Bacher Seconded by Ken Wilson That the Committee of Adjustment adopt the minutes from the meeting on October 16, 2019. Carried Page 2 of 6 November 13, 2019 Minutes Page 3 of 28 Committee of Adjustment Minutes November 13, 2019 7. CONSIDERATION OF ITEMS 1. FILE NO. CA-19-28 The Owner proposes to convey the land comprising approximately 40,000 square metres with a frontage of 191.5 metres on Aurora Road as identified as Part 3 on Plan 65R-9265. The land to be conveyed is vacant. The Owner proposes to retain the land comprising approximately 252,095 square metres with multiple frontages on private condominium roads, as identified as Block 2 on Plan 65M-3356. The land to be retained contains an existing golf course and associated facilities. LOCATION: 5772 Aurora Rd., Whitchurch-Stouffville INTENDED USE: Residential APPEARANCE IN SUPPORT: Quinto Annibale of Loopstra Nixon, Agent OTHER APPEARANCES: Resident at 63 Lees Boulevard COMMUNICATIONS Report from Planning Services, Town of Whitchurch- RECEIVED: Stouffville recommending denial of the application. The Chair asked the agent to provide an overview of the application. The agent reviewed the proposal for a technical severance of Part 3, advising that the parcel had previously been severed and had been under separate ownership. The applicant no longer owns Part 2 and does not operate the golf course located on those lands, and he wishes to sever and dispose of Part 3. The Chair asked if they had seen the Staff Report and if they had any concerns. The agent advised they had seen the Staff Report and had concerns regarding the recommendation for restrictive covenants for buildings and structures, as it may restrict appropriate permitted accessory structures for permitted uses, and additional restrictions beyond the Oak Ridges Moraine (ORM) are not necessary. The agent confirmed that these concerns had been discussed with staff. In response to questions, the agent advised that the client has no plans at this time to build on the property, and any future residential development would require rezoning. The intended use is for conservation purposes. New Growth Plan issues would not impact this proposal. The agent further explained the ownership of the subject parcel and surrounding lands, advising the subject parcel is being separated from Part 2 to the north, and is not connected to the lots to the east and west. It is apparent that there is a separate golf course use on the lands to be retained, and vacant land use on the parcel to be severed. Page 3 of 6 November 13, 2019 Minutes Page 4 of 28 Committee of Adjustment Minutes November 13, 2019 In response to questions Staff advised that the subject parcel had been previously zoned for residential use, and the ORM would permit a single-family dwelling on this property. Clarification was provided regarding the need for restrictive covenants with respect to the Natural Feature Area and Heritage Feature. The resident of 63 Lees Boulevard questioned if Part 3 could be part of a future development with three other adjacent lots fronting on Aurora Road. The agent responded that this proposal is to wrap up his client’s affairs and is not a precursor to development. Moved by Dean Horner Seconded by Ken Wilson THAT PROVISIONAL CONSENT for File No. CA-19-28 BE REFUSED by reason(s) that: 1. The application is not in accordance with the Town of Whitchurch-Stouffville Official Plan; and 2. The application does not meet the criteria in Section 51(24) of the Planning Act. Carried 2. FILE NO. CA-19-29 The applicant is requesting minor variances from the provisions of Zoning By-law 2010- 001-ZO, as amended, to permit: i. A minimum rear yard setback of 3 metres, whereas the By-law requires a minimum rear yard setback of 22.5 metres; and ii. A minimum northerly interior side yard setback of 5.9 metres, whereas the By- law permits a minimum interior side yard setback of 9 metres; and iii. Construction of a single detached dwelling within the Flood Hazard (FH) Zone, whereas section 4.1 of the By-law does not permit the development of a single detached dwelling within the Flood Hazard (FH) Zone. LOCATION: 12960 Highway 48, Whitchurch-Stouffville INTENDED USE: Residential APPEARANCE IN SUPPORT: Michael Spinoza, Agent OTHER APPEARANCES: None COMMUNICATIONS Report from Planning Services, Town of Whitchurch - RECEIVED: Stouffville recommending approval of the application. Page 4 of 6 November 13, 2019 Minutes Page 5 of 28 Committee of Adjustment Minutes November 13, 2019 The Chair asked if they had seen the staff report and if they had any concerns. The agent responded that they had seen the Staff Report and advised that conditions regarding the TRCA were being addressed. The Chair asked the agent to provide an overview of the application. The agent reviewed the proposal and stated that the variances would accommodate the most suitable location of structures for residential development. The agent discussed surrounding properties and uses, the distance between buildings, and the driveway location. The rear yard setback will actually be 4.5 metres, as a 1.5 metre buffer had been built into the variance request to address any site plan adjustments. In response to questions, the agent confirmed that the Notice sign had been properly posted. Staff confirmed that the Statutory Notice had been properly given to surrounding properties. In response to questions, Staff described development options for this parcel and building envelope limitations, in consultation with TRCA. There are no foreseeable negative impacts on neighbours, from the reduced setbacks. Moved by Carin Bacher Seconded by Lori Doner Jones THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to the above-noted property, said variances to permit: i) a minimum rear yard setback of 3 metres, whereas the By-law requires a minimum rear yard setback of 22.5 metres; and ii) a minimum northerly interior side yard setback of 5.9 metres, whereas the By-law permits a minimum interior side yard setback of 9 metres; and iii) construction of a single detached dwelling within the Flood Hazard (FH) Zone, whereas section 4.1 of the By-law does not permit the development of a single detached dwelling within the Flood Hazard (FH) Zone, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s): 1. That the Applicant provides to the Toronto and Region Conservation Authority a review fee, in the amount of $580.00, for Minor Variance Application CA-19- 29; and 2. That the Applicant obtain permits from the Toronto and Region Conservation Authority for the proposed single detached dwelling and associated accessory buildings prior to building permit issuance; and 3. That the Applicant enter into an Oak Ridges Moraine Site Plan Agreement with the Town of Whitchurch-Stouffville. Carried Page 5 of 6 November 13, 2019 Minutes Page 6 of 28 Committee of Adjustment Minutes November 13, 2019 3. 2020 Committee of Adjustment Meeting Schedule Moved by Carin Bacher Seconded by Lori Doner Jones That the 2020 Committee of Adjustment Meeting Schedule be adopted, as amended, by changing the November 11th meeting to November 10th, 2020. Carried 8. CORRESPONDENCE 9. OTHER BUSINESS 10. MOTION TO ADJOURN Moved by Dean Horner Seconded by Lori Doner Jones That there being no further business, the Committee of Adjustment adjourn the meeting at 2:52 pm.
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