Committee of Adjustment

Date: October 8, 2020 Time: 1:00 PM Location: Online Video Conference Members Sebastian Patrizio (Chair) David George John Page David Kennedy Wajeeha Shahrukh David Cook John Kwast

Contacts Umar Mahmood, Committee of Adjustment Coordinator, Legislative Services 905-615-3200 ext.5209 umar.mahmood@mississauga.ca

Alexander Davies, Committee of Adjustment Coordinator, Legislative Services 905-615-3200 ext.5422 [email protected]

PUBLIC MEETING STATEMENT: While some planning matters, such as consent or minor variance applications, do not specifically require that you participate in the process in order to appeal, the LPAT has the power to dismiss an appeal without holding a hearing if the person or public body that in circumstances such as appeal is not based on any apparent land use planning grounds and appeal is not made in good faith or is frivolous or vexatious, or is made only for the purpose of delay.

Send written submissions or request notification of future meetings to: Secretary-Treasurer, Committee of Adjustment, Office of the City Clerk, Attn: Committee of Adjustment Coordinators – 2nd Floor 300 City Centre Drive, Mississauga, ON, L5B 3C1 or Email: [email protected]

1. CALL TO ORDER

2. DECLARATION OF CONFLICT OF INTEREST

3. DEFERRALS OR WITHDRAWLS

4. MATTERS TO BE CONSIDERED

4.1. B48/20 0 HURONTARIO STREET (WARD 5)

DERRY TEN LTD

4.2. B-27-30/20& A-135-139/20 1074 SERSON AVENUE (WARD 1)

2372577 ONTARIO LTD

4.3. B-41/19, B-42/19, A-291/19, A-292/19 3585 DIXIE ROAD (WARD 3)

MIDLEKS INC

4.4. A-275/20 120 TROY STREET (WARD 1)

JANITA & MICHAEL MONCADA

4.5. A-300/20 1394 LORNE PARK ROAD (WARD 2)

DHYAN VIRK

4.6. A-304/20 3968 BRANDON GATE DRIVE (WARD 5)

MIRNA SHAHARA

4.7. A-305/20 306 QUEEN STREET SOUTH (WARD 11)

FRANK GUSIC

4.8. A-306/20 70 MISSISSAUGA ROAD SOUTH & 181 LAKESHORE ROAD WEST (WARD 1)

PORT CREDIT WEST VILLAGE PARTNERS INC 4.9. A-307/20 1314 CAWTHRA RD (WARD 1)

TRANG DOAN

4.10. A-308/20 5280 SOLAR DR (WARD 5

11455877 CANADA INC

4.11. A-309/20 1138 GARDEN RD (WARD 2)

SUMIT SHUKLA

4.12. A-311/20 139 – 141 HIGH ST W (WARD 1)

THE SHORES OF PORT CREDIT INC

4.13. A-313/20 1060 WALDEN CIR (WARD 2)

ANDREW & ANDRIA MCKAY

4.14. A-314/20 5894 LONG VALLEY RD (WARD 10)

ALI AL-AJDAA & RASHA AL-NAQEEB

4.15. A-343/20 100 CITY CENTRE DR (WARD 4)

SQUARE ONE PROPERTY CORP & OMERS REALTY MANAGEMENT

4.16. A-181/20 1565 DUNDAS ST E (WARD 3)

2523454 ONTARIO LIMITED

5. OTHER BUSINESS

6. ADJOURNMENT

COMMITTEE OF ADJUSTMENT NOTICE OF APPLICATION

File: "B" 48/20 Ward 5

Why you received this letter:

You are receiving this letter because you are the owner of a neighbouring property within 60m (200ft) of the subject property, or are the agent/interested party/owner of the property for the application.

Details of the application and meeting information:

The property owner of 0 Hurontario Street, zoned H-E1-28 – Employment & H-E2-126 - Employment, has applied for consent under Section 53 of the Planning Act. The applicant requests the approval of the Committee to sever a parcel of land for the creation of a new lot. The parcel of land has a frontage of approximately 40.32m (132.28ft) and an area of approximately 2.29ac (0.93ha).

The Committee has set Thursday October 8, 2020 at 1:00 pm for the public hearing on this matter. As a result of COVID-19 restrictions and under the authority of the Municipal Act, Emergency Management and Civil Protection Act and Statutory Powers Procedure Act, City Council approved Committee of Adjustment hearings to be held electronically during an Emergency. All items on the agenda are scheduled for 1:00 pm and will be heard in the order shown on the agenda.

You can get more information on this matter by emailing [email protected] or calling 905-615-3200 x5209. You can review city staff and agency comments one week before the hearing at the following link: http://www.mississauga.ca/portal/cityhall/calendar. Hearings will be streamed online for the public to view at the following link: http://www.mississauga.ca/portal/cityhall/council-and-committee-videos.

If you wish to be notified of the decision of the Committee you must submit a written request to the Secretary- Treasurer via email or mail. This will also entitle you to be advised of appeal to the Local Planning Appeal Tribunal.

How to submit a written comment: Written comments to the Committee must be received no later than 4:30pm the Tuesday prior to the hearing. Submissions are accepted by email at [email protected] or by mailing the Committee of Adjustment, 300 City Centre Drive 2nd Floor, Mississauga, ON L5B 3C1. Please include your name, your address, and application number or address of the property you are providing comments on.

Advance registration is required to participate in the electronic hearing:

To participate electronically (computer, tablet or smartphone): Please email [email protected] no later than 4:30pm the Tuesday prior to the hearing. Any materials you wish to show the Committee during your presentation must be provided as an attachment to the email. Links to cloud services will not be accepted.

To participate by telephone: To register, please call 905-615-3200 x5209 no later than 4:30pm the Tuesday prior to the hearing. You must provide your name, phone number, and application you wish to speak to. Committee staff will provide you with further details prior to the start of the hearing.

Legal notice: If holding an electronic rather than an oral hearing is likely to cause a party significant prejudice a written request may be made to have the Committee consider holding an oral hearing on an application. The request must include your name, address, contact information, and the reasons for prejudice and must be received no later than 4:30pm the Tuesday prior to the hearing to [email protected]. If a party does not submit a request and does not participate in the hearing the Committee may proceed without a party’s participation and the party will not be entitled to any further notice regarding the proceeding.

Your comments are collected under the legal authority of the Planning Act R.S.O. 1990, Chapter c.P.13, as amended. Your comments regarding this application become the property of the City of Mississauga and will become part of the decision making process of the application. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M56, as amended, public feedback to planning proposals is considered a public record and will be disclosed to any individual (including being posted on the internet) upon request in accordance with Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, Committee of Adjustment, Office of the City Clerk, 300 City Centre Drive, Mississauga ON L5B 3C1 or (905) 615-3200 x5209.

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-06 File(s): B48/20 Ward: 5 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City has no objections to the requested consent application.

Application Details

The Applicant requests the approval of the Committee to sever a parcel of land for the creation of a new lot. The parcel of land has a frontage of approximately 40.32m (132.28ft) and an area of approximately 2.29ac (0.93ha).

Background

Property Address: 0 Hurontario Street

Mississauga Official Plan

Character Area: Gateway Corporate Centre Designation: Business Employment, Office

Zoning By-law 0225-2007

Zoning: (H) E1-28 (Employment) (H)E2-126 (Employment)

Other Applications:

None

Site and Area Context

City Department and Agency Comments File:B48/20 2020/10/06 2

The subject lands are a vacant, exterior property located north-west of the Courtneypark Drive and Hurontario Street intersection. The immediate neighbourhood is predominately industrial in nature; with warehousing and industrial-office uses located in close proximity. The properties along this portion of Hurontario Street are situated upon large parcels, with lot frontages ranging from +/- 55m to +/- 150m.

The subject lands possess a lot frontage of +/- 40m (Maritz Drive), and a lot area of +/- 56,000m2.

Comments

Planning

Planning Act

Section 51(24) of the Planning Act establishes the criteria for land division within the Province of Ontario. In evaluating such requests, the Committee must be satisfied that the proposal meets not only the criteria set out under Section 51(24), but also any municipal requirements identified in local legislation.

Provincial Matters City Department and Agency Comments File:B48/20 2020/10/06 3

Both the Provincial Policy Statement 2014 (PPS 2014) and the Growth Plan for the Greater Golden Horseshoe promote both efficient development and land use; directing such focus towards intensification and redevelopment. The proposal is consistent with the general directives of this provincial policy.

Planning Analysis

Staff comments concerning the application are as follows:

The severed lands will have a lot frontage of 40.32m and a lot area of 9,267.3m2. The retained lands will have a lot frontage of 149.5m and a lot area of 46,984.0m2. Neither resulting properties require variances. No changes of use or additional construction has been proposed for either parcel at this time.

The site is located within Special Sites 1, 4, and 5 of the Gateway Corporate Centre Character Area, and designated Business Employment by the Mississauga Official Plan (MOP). Special Sites 1, 4, and 5, enact development and urban design policies not applicable to this consent application.

Section 5 of MOP promotes development with appropriate urban form and site design, directing that such development is compatible with the surrounding context and the landscape of the character area. To this end, the proposed lots are of a comparable built-form and remain in scale with the surrounding development.

As per Zoning By-law 0225-2007, the subject property is zoned (H) E1-28 and (H) E2-126 (Employment). In accordance with Table 8.2.1(3.0) (E1 to E3 Permitted Uses and Zone Regulations), both zones require a minimum lot frontage of 30.0m; whereas, the Applicant is proposing lots with frontages of 40.32m (severed) and 149.5m (retained), in this instance. This zone does not require a minimum lot area. The proposed lots are appropriately sized for the context of the neighbourhood, and represent the appropriate development of the lands.

Conclusion

Staff is of the opinion that the proposed application has due regard for Section 51(24) of the Planning Act, specifically that it conforms to the official plan. The dimensions of the proposed and existing lots exceed Zoning By-law provisions and are suitable for the purposes for which they are to be subdivided, thus maintaining the character of the area.

Based upon the preceding information, the Planning and Building Department has no objections to the requested consent application.

Comments Prepared by: Roberto Vertolli, Committee of Adjustment Planner City Department and Agency Comments File:B48/20 2020/10/06 4

Appendices

Appendix 1 – Transportation and Works Comments

This department has no objections to the applicant’s request where the intent is to create a new lot which will have frontage onto Maritz Drive, Longside Drive and also the existing Public Access Easement. It should be noted that under previous Consent Applications the Public Access Easement was established and remains on title of the subject lands. The Public Access Easement is located abutting the easterly portion of the proposed lot and extends from Longside Drive to Skyway Drive.

Should Committee see merit in the applicant’s request we are providing the following conditions/requirements to be imposed as conditions of approval:

A. Items Required Prior to the Issuance of Final Consent

1. Required Easement for Storm Sewer Outlet

The ultimate storm sewer connection for the subject lands is the existing 825mm connection on the property directly to the south at 6825 Maritz Drive which ultimately connects to the 825mm storm sewer on Maritz Drive. Satisfactory arrangements are to be made with the property owner at 6825 Maritz Drive to obtain a private easement to connect to the ultimate storm sewer for the subject lands.

Should the applicant not be able to acquire the required easement and wish to proceed with an alternative connection, this condition will be deemed to be fulfilled for the purposes of clearing any proposed conditions of approval.

2. Drainage Proposal/Servicing Plan

We request that the applicant submit a Drainage Proposal/Servicing Plan prepared by a Consulting Engineer for this department’s review/approval to confirm the storm sewer outlet for the subject lands.

The site outlet for the severed lands is the 825mm connection on the property directly to the south at 6825 Maritz Drive which ultimately connects to the 825mm storm sewer on Maritz Drive. If this outlet cannot be secured, the applicant will be required to submit a Drainage Proposal/Servicing Plan prepared by a Consulting Engineer for this department’s review/approval to confirm the storm sewer outlet and capacity for the subject lands. Municipal storm sewer works may be required to upgrade municipal infrastructure to accommodate a new outlet for the subject lands.

City Department and Agency Comments File:B48/20 2020/10/06 5

In view of the above a Drainage Proposal/Servicing Plan is to be submitted for our review/approval. Should additional information be required the applicant can contact the storm reviewer ([email protected]) and we can also provide a copy of the existing drainage plan

Upon the review of the Servicing Proposal it will also be determined if any servicing easements will have to be established in order to support this severance proposal or whether municipal storm sewer upgrades are required to accommodate the storm drainage of the subject property.

3. Required Easement(s)

Upon the review of Item A2 and the confirmation of any required easement(s), the applicant/owner will be required to provide a 43R-Plan and letter/schedule prepared by the applicant's Solicitor which would specifically describe the new private easement(s) to be established. It should also be noted that any documentation received will be forwarded as an attachment with our clearance memo to the Committee of Adjustment Office in order that any new proposed private easement(s) can be identified and also be incorporated into the Certificate of Secretary-Treasurer.

4. 0.3m Reserve Requirement on Hurontario Street and Skyway Drive

The applicant will be required to make the appropriate arrangements to provide a 0.3m Reserve along the Hurontario Street frontage across the retained lands and also a 0.3m reserve along the Skyway Drive frontage from the east limit of the existing Public Access Easement to Hurontario Street (including the sight triangle).

Should additional clarification or information be required with regard to the 0.3m Reserve, please contact Daphne Chen at 905 615-3200 ext. 8915 or [email protected].

5. Engineering Submission & Development Agreement with Infrastructure Schedules for Possible Storm Sewer Outlet

Upon the review of Item A1 and the confirmation of the need to upgrade municipal storm sewer infrastructure, the applicant/owner will be required to submit an Engineering submission for the proposed works new outlet works and will be required to enter into a Development Agreement with Infrastructure Schedules to secure the construction of any municipal storm sewer upgrades to accommodate the storm drainage from the subject site.

Should the applicant acquire the required easement and wish to proceed with an alternative connection, this condition will be deemed to be fulfilled for the purposes of clearing any proposed conditions of approval.

City Department and Agency Comments File:B48/20 2020/10/06 6

6. Fee Requirements as Per Fees and Charges By-Law

As per the City of Mississauga's Fees and Charges By-law there will be a fee required to be paid to the Legal Services Department for their services, in particular for the preparation of legal documents. The fee amount payable will be in accordance with the current Fees and Charges Bylaw and be submitted to the Transportation and Works Department in the form of a certified cheque.

7. Municipal Address Requirement

Prior to the issuance of final consent, satisfactory arrangements are to be made with Corporate Services Department, Information Technology Division, Digital Services & Mobility Section, Geospatial Solutions Group for the creation of new municipal addresses for the severed lands. For further information, please contact Susie Tasca at (905) 615-3200 ext. 3088 or [email protected]

For further information regarding the above noted comments, please contact Tony Iacobucci at (905) 615-3200 ext. 5129 or [email protected]

B. General Information

1. Site Plan Approval

Any re-development of the subject lands will require the owner obtaining Site Plan Approval where any site specific conditions/requirements relating to detailed lot grading and drainage, servicing, access, etc. will be addressed.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

This Division has no objection to the consent application, provided that the severed and retained lands comply with the provisions of By-law 225-2007, as amended, regarding, amongst other regulations: minimum lot frontage, minimum lot area, setbacks, on-site parking, etc.; or alternatively, that any minor variance is approved, final and binding; and/or the demolition of any existing buildings is complete.

We further advise that the proposed lot frontage is to be calculated in accordance with the following definition:

City Department and Agency Comments File:B48/20 2020/10/06 7

o The applicant is advised that Lot Frontage means the horizontal distance between the side lot lines and where these lines are not parallel means the distance between the side lot lines measured on a line parallel to and 7.5 m back from the front lot line.

Comments Prepared by: Brian Bonner, Zoning Examiner

Appendix 3 – Parks, Forestry & Environment

The Park Planning Section of the Community Services Department has reviewed the consent application and advises as follows:

In addition, Community Services notes the following:

 The subject property is subject to site plan control, comments and conditions will be included through a future development application.

 Prior to the issuance of building permits, cash-in-lieu for park or other public recreational purposes is required pursuant to Section 42 of the Planning Act (R.S.O. 1990, C.P. 13, as amended) and in accordance with the City’s policies and by-laws.

Should further information be required, please contact Jim Greenfield, Park Planner, Community Services Department at 905-615-3200 ext. 8538 or via email [email protected].

Comments Prepared by: Jim Greenfield, Park Planner

Appendix 5 – Region of Peel Comments

Development Engineering: Camila Marczuk (905) 791-7800 x8230

Comments Prepared by: Diana Guida, Junior Planner

City Department and Agency Comments File:B48/20 2020/10/06 8

Appendix A – Conditions of Provisional Consent

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.

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 October 6, 2020.

REVISED HEARING DATE

COMMITTEE OF ADJUSTMENT NOTICE OF APPLICATION Files: "B" 27/20, "B" 28/20, "B" 29/20, "B" 30/20, "A" 135/20, "A" 136/20, "A" 137/20, "A" 138/20 & "A" 139/20 Ward 1 Why you received this letter: You are receiving this letter because you are the owner of a neighbouring property within 60m (200ft) of the subject property, or are the agent/interested party/owner of the property for the application.

Details of the application and meeting information: The property owner of 1074 Serson Avenue, 1080 Serson Avenue & 1086 Serson Avenue, zoned R3-75 - Residential, has applied for Consent and Minor Variances under Sections 53 & 45 of the Planning Act.

The applicant requests the approval of the Committee for severances and associated minor variances to create 5 building lots from 3 existing lots. All new lots would have a frontage of 12.83m (approx. 42.01ft) and an area of 427.1sq.m (approx. 4,597.27sq.ft). Every new lot requires variances for lot width and lot area which a related to the severance applications. Additionally the proposal includes variances for reduced side yards, increased height, and increased lot coverage. Please see sketch below for a better understanding of the proposal. See attachment #1 for a full listing if all applications.

Advance registration is required to participate in the electronic hearing:

REVISED HEARING DATE

Attachment 1:

B27/20 (1074 Serson Avenue): The applicant requests to sever a parcel of land for the purposes of a lot addition. The parcel has a frontage of approximately 8.64m (28.35ft) and an area of approximately 289.26sq.m (3,113.57sq.ft). The parcel will be added to the property immediately to the east known as 1080 Serson Avenue.

B28/20 (1080 Serson Avenue): The applicant requests to sever a parcel of land for the creation of a new lot. The parcel has a frontage of approximately 12.83m (approx. 42.01ft) and an area of approximately 427.1sq.m (approx. 4,597.27sq.ft).

B29/20 (1080 Serson Avenue): The applicant requests to sever a parcel of land for the purposes of a lot addition. The parcel has a frontage of approximately 4.32m (14.17ft) and an area of approximately 144.63sq.m (1,556.78sq.ft). The parcel will be added to the property immediately to the east known as 1086 Serson Avenue.

B30/20 (1086 Serson Avenue): The applicant requests to sever a parcel of land for the creation of a new lot. The parcel has a frontage of approximately 12.83m (approx. 42.01ft) and an area of approximately 427.1sq.m (approx. 4,597.27sq.ft).

A135/20 (Lot 1): The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing: 1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.7% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A northerly side yard of 1.23m (approx. 4.04ft) measured to the second storey whereas By-law 0225- 2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 5. A height of 9.61m (approx. 31.53ft) measured to the highest ridge whereas By-law 0225-2007, as amended, permits a maximum height of 9.50m (approx. 31.16ft) measured to the highest ridge in this instance.

A136/20 (Lot 2): The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing: 1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.8% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A northerly side yard of 1.23m (approx. 4.04ft) measured to the second storey whereas By-law 0225- 2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; 5. A southerly side yard of 1.21m (approx. 3.97ft) measured to the second storey whereas By-law 0225- 2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 6. A height of 9.65m (approx. 31.66ft) measured to the highest ridge whereas By-law 0225-2007, as amended, permits a maximum height of 9.50m (approx. 31.16ft) measured to the highest ridge in this instance.

REVISED HEARING DATE A137/20 (Lot 3): The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing: 1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.8% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A northerly side yard of 1.23m (approx. 4.04ft) measured to the second storey whereas By-law 0225- 2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 5. A southerly side yard of 1.21m (approx. 3.97ft) measured to the second storey whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance.

A138/20 (Lot 4): The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing: 1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.8% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A northerly side yard of 1.22m (approx. 4.00ft) measured to the second storey whereas By-law 0225- 2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; 5. A southerly side yard of 1.21m (approx. 3.97ft) measured to the second storey whereas By-law 0225- 2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 6. A height of 9.65m (approx. 31.66ft) measured to the highest ridge whereas By-law 0225-2007, as amended, permits a maximum height of 9.50m (approx. 31.16ft) measured to the highest ridge in this instance.

A139/20 (Lot 5): The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing: 1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.7% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A southerly side yard of 1.21m (approx. 3.97ft) measured to the second storey whereas By-law 0225- 2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 5. A height of 9.61m (approx. 31.53ft) measured to the highest ridge whereas By-law 0225-2007, as amended, permits a maximum height of 9.50m (approx. 31.16ft) measured to the highest ridge in this instance.

REVISED HEARING DATE

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-02 File(s): B27-30/20 A135-139/20 To: Committee of Adjustment Ward: 1

From: Committee of Adjustment Coordinator

Meeting date: 2020-10-08

Consolidated Recommendation

The City does not object to the requested consent and associated minor variances. The applicant may choose to defer the applications to verify the accuracy of the requested variances.

Application Details

B27/20 (1074 Serson Avenue):

The applicant requests to sever a parcel of land for the purposes of a lot addition. The parcel has a frontage of approximately 8.64m (28.35ft) and an area of approximately 289.26sq.m (3,113.57sq.ft). The parcel will be added to the property immediately to the east known as 1080 Serson Avenue.

B28/20 (1080 Serson Avenue):

The applicant requests to sever a parcel of land for the creation of a new lot. The parcel has a frontage of approximately 12.83m (approx. 42.01ft) and an area of approximately 427.1sq.m (approx. 4,597.27sq.ft).

B29/20 (1080 Serson Avenue):

The applicant requests to sever a parcel of land for the purposes of a lot addition. The parcel has a frontage of approximately 4.32m (14.17ft) and an area of approximately 144.63sq.m (1,556.78sq.ft). The parcel will be added to the property immediately to the east known as 1086 Serson Avenue.

B30/20 (1086 Serson Avenue): City Department and Agency Comments Files:B27-30/20, 2020/10/02 2 A135-139/20

A135/20 (Lot 1):

The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing:

1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.7% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A northerly side yard of 1.23m (approx. 4.04ft) measured to the second storey whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 5. A height of 9.61m (approx. 31.53ft) measured to the highest ridge whereas By-law 0225- 2007, as amended, permits a maximum height of 9.50m (approx. 31.16ft) measured to the highest ridge in this instance.

A136/20 (Lot 2):

The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing:

1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.8% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A northerly side yard of 1.23m (approx. 4.04ft) measured to the second storey whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; 5. A southerly side yard of 1.21m (approx. 3.97ft) measured to the second storey whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 6. A height of 9.65m (approx. 31.66ft) measured to the highest ridge whereas By-law 0225- 2007, as amended, permits a maximum height of 9.50m (approx. 31.16ft) measured to the highest ridge in this instance.

City Department and Agency Comments Files:B27-30/20, 2020/10/02 3 A135-139/20

A137/20 (Lot 3):

The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing:

1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.8% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A northerly side yard of 1.23m (approx. 4.04ft) measured to the second storey whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 5. A southerly side yard of 1.21m (approx. 3.97ft) measured to the second storey whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance.

A138/20 (Lot 4):

The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing:

1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.8% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A northerly side yard of 1.22m (approx. 4.00ft) measured to the second storey whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; 5. A southerly side yard of 1.21m (approx. 3.97ft) measured to the second storey whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 6. A height of 9.65m (approx. 31.66ft) measured to the highest ridge whereas By-law 0225- 2007, as amended, permits a maximum height of 9.50m (approx. 31.16ft) measured to the highest ridge in this instance.

A139/20 (Lot 5):

The applicant requests a minor variance to allow the creation of a new lot and construction of a new house proposing: City Department and Agency Comments Files:B27-30/20, 2020/10/02 4 A135-139/20

1. A lot area of 427.10sq.m (approx. 4,597.27sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 550.00sq.m (approx. 5,920.15sq.ft) in this instance; 2. A lot frontage of 12.83m (approx. 42.01ft) whereas By-law 0225-2007, as amended, requires a minimum lot frontage of 15.00m (approx. 49.21ft) in this instance; 3. A lot coverage of 35.7% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.0% of the lot area in this instance; 4. A southerly side yard of 1.21m (approx. 3.97ft) measured to the second storey whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81m (approx. 5.93ft) measured to the second storey in this instance; and 5. A height of 9.61m (approx. 31.53ft) measured to the highest ridge whereas By-law 0225- 2007, as amended, permits a maximum height of 9.50m (approx. 31.16ft) measured to the highest ridge in this instance.

Recommended Conditions and/or Terms of consent

 Appendix A – Conditions of Provisional Consent  The variance application approved under File(s) A135/20 to A139/20 (inclusive) must be finalized

Recommended Conditions and/or Terms of minor variance

 Variance(s) approved under file(s) A135/20 to A139/20 (inclusive) shall lapse if the consent applications under files B27/20 to B30/20 (inclusive) are not finalized within the time prescribed by legislation.

Background

Property Address: 1074, 1080, 1086 Serson Avenue

Mississauga Official Plan

Character Area: Lakeview Neighbourhood Designation: Residential Low Density II

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

Site and Area Context

The subject properties are located within the Lakeview Neighbourhood Character Area, southeast of Cawthra Road and Atwater Avenue. The immediate neighbourhood is primarily residential; however, there are parks, institutional uses and a library within the surrounding area. City Department and Agency Comments Files:B27-30/20, 2020/10/02 5 A135-139/20

The residential area consists of one and two storey detached dwellings on lots with frontages ranging from approximately 12 m to 22 m. The subject properties contain three one storey detached dwellings with little vegetation.

The applications propose lot additions and severances to create five residential lots, requiring variances for deficient lot frontages, lot areas, side yards and increased lot coverage’s and height.

The applications were deferred from the August 6th, 2020 Committee of Adjustment hearing. There doesn’t appear to be any changes with the consent and minor variance applications, as such, previous comments remain applicable.

Comments

Planning

Planning Act

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Section 51 (24) of the Planning Act sets out the criteria for land division in the Province of Ontario. In evaluating such requests, the Committee needs to be satisfied that the proposal meets not only the criteria set out under Section 51(24), but also municipal requirements identify in local legislation.

Section 45 of the Planning Act provides the Committee of Adjustment with the authority to grant relief from the requirements of a municipal zoning by-law. In evaluating such requests, the Committee needs to be satisfied that the proposal meets the four tests set out in the Planning Act.

Provincial Matters

The Provincial Policy Statement 2014 (PPS 2014) and Growth Plan for the Greater Golden Horseshoe promote efficient development and land use, directing the focus towards intensification and redevelopment. The proposal is consistent with the general directive in provincial policy.

Staff comments concerning the applications for consent and the four tests to the minor variance request are as follows:

The purpose of the consent applications are to create five new residential lots through lot additions and severances where three lots currently exist. The proposed five residential lots will have lot frontages of approximately 12.83 m and lot areas of 427.10 m2. The zoning by-law requires lot frontages of 15 m and lot areas of 550 m2. The subject property is designated “Residential Low Density II” in Schedule 10 of the Mississauga Official Plan (MOP) which permits detached, semi-detached and duplex, triplex and other forms of low rise dwellings with individual frontages. The official plan policies for lands within the Lakeview Neighbourhood Character Area are contained within the Lakeview Local Area Plan and are within the Central Residential Neighbourhood (Cawthra Village) Precinct. As per Section 16.1.2.1, to preserve the character of lands designated Residential Low Density I and Residential Low Density II, the minimum frontage and area of new lots will be evaluated in the context of the existing lot pattern in the surrounding area. While there are lots containing frontages of approximately 14 m and greater, there are similar sized lots within the immediate area to the subject application which do not undermine the planned and existing character of the neighbourhood. While the subject property is located in a Neighbourhood, Section 5.3.5 (Neighbourhoods) of MOP states that neighbourhoods are not meant to remain static, however, when new development occurs, it should be sensitive to the neighbourhoods existing and planned character. Furthermore, Section 6.1.3 of the Lakeview Local Area Plan states that intensification will be sensitive to the existing character of the residential areas and the planned context. The proposed severances represent sensitive intensification with the creation of two additional lots that are compatible with the surrounding area. Recognizing that intensification does not have to mirror existing development, the proposed severances are sensitive to the existing and planned character of the neighbourhood and will not result in significant adverse impacts to the community.

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Staff is of the opinion that the applications conform to Section 51(24) of the Planning Act, more specifically that the applications conform to the official plan and the dimensions of the lots are appropriate within the surrounding area.

Does the proposal maintain the general intent and purpose of the Official Plan?

As per Section 10.3 (Built Form Types) of the Lakeview Local Area Plan, new housing within Lakeview should maintain the existing character of the area. Additionally, Section 9 of MOP promotes development with appropriate urban form and site design, regulating that such development is compatible with: the existing site conditions; the surrounding context; and, the landscape of the character area. The sites are suitable to accommodate growth and the proposed dwellings fit within the broader vision of the area as a neighbourhood consisting of low density residential homes. The new homes can look different from existing homes while still respecting the existing character. The proposed dwellings maintain the existing low rise context of the surrounding area and are compatible with the surrounding neighbourhood. The deficient lot frontages will not result in dwellings that are incompatible with the surrounding area. Staff is of the opinion that the general intent and purpose of the official plan is maintained.

Does the proposal maintain the general intent and purpose of the Zoning By-law?

Variances #1 and 2 on the applications propose deficient lot frontages and areas. The intent of the zoning by-law is to ensure that new lots are appropriately sized and fit within the context of the surrounding area. The lot frontages and areas proposed in the application generally reflect the existing and planned area context. The proposal is consistent with lots within the immediate area, thereby maintaining the lot fabric of the surrounding neighbourhood. Furthermore, the proposed lots can accommodate detached dwellings that are in keeping with the character of the neighbourhood. Staff is of the opinion that the general intent and purpose of the zoning by- law is maintained.

Variances #3 on the applications propose a slight increase in lot coverage. The intent in restricting lot coverage is to ensure that there isn’t an overdevelopment of the lot. In this instance, the increased lot coverage is due to the covered porch and rear steps which has a total area of 8.42 m2. The dwelling itself has a lot coverage of 33.7%, maintaining the provision within the by-law. The proposed covered porch and rear steps do not add any significant massing to the dwelling, thereby reducing the impact of overdevelopment on the lot. Staff is of the opinion that the general intent and purpose of the zoning by-law is maintained.

The minor variance applications propose deficient northerly and southerly side yard setbacks. The general intent of this portion of the by-law is to ensure that an adequate buffer exists between the massing of primary structures on adjoining properties, and that access to the rear yard ultimately remains unencumbered. In this instance, the side yards maintain the setback to the first storey; however, do not maintain the setback to the second storey. The proposed variances represent similar existing conditions that are present throughout the surrounding neighbourhood. The proposed setbacks are sufficient in providing a buffer to adjacent lots and City Department and Agency Comments Files:B27-30/20, 2020/10/02 8 A135-139/20

do not restrict access to the rear yard. Staff is of the opinion that the general intent and purpose of the zoning by-law is maintained.

Regarding the variances related to height, four of the five dwellings propose heights of 9.61 m and 9.65 m whereas a maximum of 9.50 m is permitted. The intent of restricting height to the highest ridge is to lessen the visual massing of dwelling, maintaining compatibility between new and existing two storey dwellings. In this instance, the increased heights are partially due to the calculation of average grade in which the height of the dwelling is measured from below established grade to the highest ridge of the dwelling. The proposed heights are a minor deviation from the zoning by-law and will not cause any additional undue impact to neighbouring properties and the character streetscape. Staff is of the opinion that the general intent and purpose of the zoning by-law is maintained.

Is the proposal desirable for the appropriate development of the subject lands and minor in nature?

The proposed applications maintain the existing and planned low rise context of the surrounding area by proposing two storey detached dwellings thereby upholding the vision of the Lakeview Neighbourhood Character Area. The proposed lots generally reflect the existing lot fabric of the surrounding area and will not cause any significant adverse impacts to the community. The subject properties can accommodate sensitive intensification that results in the proposed dwellings maintaining the planned area context. The proposed lot coverage’s are due to the covered porch and rear steps that ultimately do not add any significant massing to the dwelling which would contribute to an overdevelopment of the lot. The reduced side yards are measured to the second storey and maintain an appropriate buffer to adjacent lots and preserve access to the rear yard. Regarding the increased dwelling heights, the overage is partially attributed to the calculation of average grade. However, from a streetscape perspective, the proposed heights will not cause any additional undue impact to the character of the neighbourhood as the increased height is a minor deviation from the zoning by-law. Staff is of the opinion that the applications represent orderly development of the lands and are minor in nature. Conclusion

The Planning and Building Department has no objections to the requested consent and associated minor variances. The applicant may choose to defer the applications to verify the accuracy of the requested variances.

Comments Prepared by: Lucas Petricca, Committee of Adjustment Planner

City Department and Agency Comments Files:B27-30/20, 2020/10/02 9 A135-139/20

Appendices

Appendix 1 – Transportation and Works Comments

Should Committee see merit in the applicant's request we are providing the following conditions/requirements for Committee's consideration:

A. Items Required Prior to the Issuance of Final Consent

1. Overall Grading and Drainage Plan

The applicant’s consulting engineer will be required to prepare an Overall Grading and Drainage Plan which contains sufficient details to ensure grading compatibility with the adjacent lands and submit the grading and drainage proposal to this department for review/approval.

Upon the review of an Overall Grading and Drainage Plan it may be determined that a catch basin may be required and satisfactory arrangements will have to be made for the construction of any required catch basin.

2. Overall Site Servicing Plan

We request that the applicant submit a Site Servicing Plan prepared by a Consulting Engineer for this department’s review/approval. The Site Servicing Plan is to confirm that all the necessary municipal services can be provided for the dwellings to be constructed on the subject lands.

3. Municipal Address Requirement

Prior to the issuance of final consent, satisfactory arrangements are to be made with Corporate Services Department, Information Technology Division, Digital Services & Mobility Section, Geospatial Solutions Group for the creation of new municipal addresses for the severed and retained lands. For further information, please contact Susie Tasca at (905) 615-3200 ext. 3088 or [email protected].

4. Storm Water Management Report

A Storm Water Management Study/Servicing Proposal is to be prepared by a Consulting Engineer for our Environmental Engineering Section to review. Based on the information available to us we note that the storm sewer outlet for the subject lands is the existing 1375mm Dia. Storm sewer located on Serson Ave. Upon the review of the Storm Water Management Study/Servicing Proposal it will be determined if any servicing easements will have to be established in order to support this severance proposal. Should the applicant require more City Department and Agency Comments Files:B27-30/20, 2020/10/02 10 A135-139/20

information with regards to above we would request that they contact Ghazwan Yousif from Environmental Services at 905-615-3200 x3526.

For further information regarding the above noted comments, please contact John Salvino at (905) 615-3200 ext. 5183 or [email protected]

B. GENERAL INFORMATION

1. Lot Grading and Drainage

We advise the applicant that issuance of any building permits for the new dwelling(s) will be subject to the owner submitting a certified lot grading and drainage plan to this Department for review/approval. The grading and drainage plan is to contain sufficient detail to ensure grading compatibility with the adjacent properties. In addition, the owner will be required to submit the applicable lot grading and municipal services protection deposits.

2. Servicing

All costs incurred in providing any service laterals will be the responsibility of the owner. The owner will also be responsible for all costs incurred for the required road reinstatement (if required). If the service connections are to be installed by a private contractor retained by the owner, issuance of an open cut permit will be subject to the owner depositing adequate securities with the City to guarantee proper road reinstatement.

3. Access

We advise the applicant that all costs incurred in providing any new driveway entrance(s) to the subject lands or any modifications/reinstatement required, would be at cost to the owner. We are also noting that should any utilities need to be relocated, all costs incurred will also be to the owner. The applicant is advised to consider future driveway locations to minimize required curb cuts and to maximize on-street visitor parking.

4. Storm Sewer Outlet

The storm sewer outlet for this property is the existing 1375mm Dia. Storm sewer located on Serson Ave. Please note that a rear lot catch basin may be required. Where existing sewer capacity exists, applicants are encouraged to design the basement elevation to be at least 1.0 meter above the elevation of the on-street storm sewer obvert to eliminate the need for a sump pump. In situations where a sump pump is required and where a high groundwater table may exist, the sump pump may run continuously. The applicants are encouraged to design the weeping tile elevation to be at least 1.0 meter above the seasonal groundwater elevation. The City Department and Agency Comments Files:B27-30/20, 2020/10/02 11 A135-139/20

owner is advised that the City has no obligations to address any concerns related to the operation of private sump pump systems.

5. CVC Approval

A small portion of the lands is situated within the floodplain of Serson Creek. Credit Valley Conservation approval will be required.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Planning and Building Department is not in receipt of any permit applications at this time and the applicant is advised that a zoning review has not been completed. We are unable to confirm the accuracy of the requested variances or determine whether additional variances may be required.

We further advise that the proposed lot frontage is to be calculated in accordance with the following definition;

The applicant is advised that Lot Frontage means the horizontal distance between the side lot lines and where these lines are not parallel means the distance between the side lot lines measured on a line parallel to and 7.5 m back from the front lot line

Comments Prepared by: Brian Bonner, Zoning Examiner

Appendix 3 – Parks, Forestry & Environment

The Park Planning Section of the Community Services Department has reviewed the consent application and advises as follows.

Should the application be approved, Community Services wishes to impose the following conditions:

1. The applicant shall provide a cash contribution of $3,536.64 for the planting of six (6) street trees on Serson Avenue. This figure is subject to the most recent Fees and Charges By-law at the time of payment and is therefore subject to change.

In addition, Community Services notes the following:

1. Payment for street tree fees and charges can be made at the Parks and Forestry customer service counter located at 950 Burnhamthorpe Road West in the form of a certified cheque, bank draft, or money order payable to the City of Mississauga.

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2. Prior to the issuance of building permits, cash-in-lieu for park or other public recreational purposes is required pursuant to Section 42 of the Planning Act (R.S.O. 1990, C.P. 13, as amended) and in accordance with the City’s policies and by-laws.

Should further information be required, please contact Jim Greenfield, Park Planner, Community Services Department at 905-615-3200 ext. 8538 or via email [email protected].

Comments Prepared by: Jim Greenfield, Park Planner

Appendix 5 – Region of Peel Comments

Development Engineering: Camila Marczuk (905) 791-7800 x8230

Please note that severing the lands may adversely affect the existing location of the water and sanitary sewer services, if any exist. The result of this may require the applicant to install new water / sanitary servicing connections to either the severed or retained lands in compliance with the Ontario Building Code. The applicant may require the creation of private water / sanitary sewer servicing easements. An upgrade of your existing service may be required. All works associated with the servicing of this site will be at the applicant’s expense. For more information, please call our Site Servicing Technicians at 905.791.7800 x7973 or by email at [email protected].

For location of existing water and sanitary sewer Infrastructure please contact Records at 905-791-7800 extension 7882 or by e-mail at [email protected].

Development Planning: Tracy Tang (905) 791-7800 x7190

The subject land is located within the limits of the regulated area of the Credit Valley Conservation (CVC). The Region relies on the environmental expertise of the CVC for the review of development applications located within or adjacent to this regulated area in Peel and their potential impacts on the natural environment. Regional Planning staff therefore, request that the Committee and city staff consider comments from the CVC and incorporate their conditions of approval appropriately. Development Planning: Tracy Tang (905) 791-7800 x7190

The subject land is located within the limits of the regulated area of the Credit Valley Conservation (CVC). The Region relies on the environmental expertise of the CVC for the review of development applications located within or adjacent to this regulated area in Peel and their potential impacts on the natural environment. Regional Planning staff therefore, request that the Committee and city staff consider comments from the CVC and incorporate their conditions of approval appropriately. City Department and Agency Comments Files:B27-30/20, 2020/10/02 13 A135-139/20

Comments Prepared by: Diana Guida, Junior Planner

City Department and Agency Comments Files:B27-30/20, 2020/10/02 14 A135-139/20

Appendix A – Conditions of Provisional Consent

5. A letter shall be received from the City of Mississauga, Community Services Department, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated October 2, 2020.

Lot Creation

a. The variance application approved under File(s) A135/20 to A139/20 must be finalized.

Revised Hearing Date & Amended Notice

COMMITTEE OF ADJUSTMENT NOTICE OF APPLICATION

File: "B" 41/19 Ward 3

MIDLEKS INC is the owner of 3585 DIXIE ROAD zoned R4-57 – Residential & RM2-48 - Residential. The applicant requests the approval of the Committee to sever a parcel of land for the creation of a new lot. The parcel of land has a frontage of approximately 7.45m (24.44ft) and an area of approximately 193.30sq.m (2,080.66sq.ft).

The property is also subject to applications B42/19, A291/19 & A292/19.

Advance registration is required to participate in the electronic hearing:

Revised Hearing Date & Amended Notice

COMMITTEE OF ADJUSTMENT NOTICE OF APPLICATION

File: "B" 42/19 Ward 3

MIDLEKS INC is the owner of 3585 DIXIE ROAD zoned R4-57 – Residential & RM2-48 – Residential. The applicant requests the approval of the Committee to sever a parcel of land for the creation of a new lot. The parcel of land has a frontage of approximately 7.45m (24.44ft) and an area of approximately 188.54sq.m (2,029.43sq.ft).

The property is also subject to applications B41/19, A291/19 & A292/19.

Advance registration is required to participate in the electronic hearing:

Revised Hearing Date & Amended Notice Your comments are collected under the legal authority of the Planning Act R.S.O. 1990, Chapter c.P.13, as amended. Your comments regarding this application become the property of the City of Mississauga and will become part of the decision making process of the application. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M56, as amended, public feedback to planning proposals is considered a public record and will be disclosed to any individual (including being posted on the internet) upon request in accordance with Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, Committee of Adjustment, Office of the City Clerk, 300 City Centre Drive, Mississauga ON L5B 3C1 or (905) 615-3200 x5209.

Revised Hearing Date & Amended Notice COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 291/19 Ward 3

Advance registration is required to participate in the electronic hearing:

Revised Hearing Date & Amended Notice

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 292/19 Ward 3

MIDLEKS INC is the owner of 3585 DIXIE ROAD zoned R4-57 – Residential & RM2-48 - Residential. The applicant requests the Committee to approve a minor variance to allow the construction of a new house on the subject property, being the Severed lands of application B42/19, proposing: 1. A lot area of 188.54sq.m (approx. 2029.43sq.ft) whereas By-law 0225-2007, as amended, requires a minimum lot area of 191.00sq.m (approx. 2,055.91sq.ft) in this instance; 2. A lot coverage of 45.95% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 40.00% of the lot area in this instance; and 3. A rear yard of 6.39m (approx. 20.96ft) whereas By-law 0225-2007, as amended, requires a minimum rear yard of 7.50m (approx. 24.60ft) in this instance.

Advance registration is required to participate in the electronic hearing:

Legal notice: If holding an electronic rather than an oral hearing is likely to cause a party significant prejudice a written request may be made to have the Committee consider holding an oral hearing on an application. The request must include your name, address, contact information, and the reasons for prejudice and must be received no later than 4:30pm the Tuesday prior to the hearing to [email protected]. If a party does not submit a request and does not participate in Revised Hearing Date & Amended Notice the hearing the Committee may proceed without a party’s participation and the party will not be entitled to any further notice regarding the proceeding.

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-06 File(s): B41-42/19 A291-292/20 To: Committee of Adjustment Ward: 3

From: Committee of Adjustment Coordinator

Meeting date: 2020-10-08

Consolidated Recommendation

The City has no objections to the requested consent or associated minor variance applications; however, the Applicant may wish to defer the application to ensure that all required variances have been accurately identified. Application Details

B41/19: The Applicant requests the approval of the Committee to sever a parcel of land for the creation of a new lot. The parcel of land has a frontage of approximately 7.45m (24.44ft) and an area of approximately 193.30m2(2,080.66sq.ft).

B42/19: The Applicant requests the approval of the Committee to sever a parcel of land for the creation of a new lot. The parcel of land has a frontage of approximately 7.45m (24.44ft) and an area of approximately 188.54m2 (2,029.43sq.ft).

A291/19: The Applicant requests the Committee to approve a minor variance to allow the construction of a new house on the subject property, being the Severed lands of application B41/19, proposing a rear yard of 6.39m (approx. 20.96ft); whereas, By-law 0225-2007, as amended, requires a minimum rear yard of 7.50m (approx. 24.60ft), in this instance.

A292/19: The Applicant requests the Committee to approve a minor variance to allow the construction of a new house on the subject property, being the Severed lands of application B42/19, proposing: 1. A lot area of 188.54m2 (approx. 2029.43sq.ft); whereas, By-law 0225-2007, as amended, requires a minimum lot area of 191.00sq.m (approx. 2,055.91sq.ft), in this instance; 2. A lot coverage of 45.95% of the lot area; whereas, By-law 0225-2007, as amended, permits a maximum lot coverage of 40.00% of the lot area, in this instance; and, City Department and Agency Comments Files:B41-42/19, 2020/10/06 2 A291-292/19

3. A rear yard of 6.39m (approx. 20.96ft); whereas, By-law 0225-2007, as amended, requires a minimum rear yard of 7.50m (approx. 24.60ft), in this instance.

Amendments

A291/19: 2. A lot area of 188.54m2 (approx. 2029.43sq.ft); whereas, By-law 0225-2007, as amended, requires a minimum lot area of 191.00sq.m (approx. 2,055.91sq.ft), in this instance; and, 3. A lot coverage of 45.95% of the lot area; whereas, By-law 0225-2007, as amended, permits a maximum lot coverage of 40.00% of the lot area, in this instance.

Recommended Conditions and/or Terms of consent

 Appendix A – Conditions of Provisional Consent  The variance application approved under File(s) A291/19 & A292/19 must be finalized

Recommended Conditions and/or Terms of minor variance

 Variance(s) approved under file(s) A291/19 & A292/19 shall lapse if the consent applications under files B41/29 & B42/19 are not finalized within the time prescribed by legislation.

Background

Property Address: 3585 Dixie Road

Mississauga Official Plan

Character Area: Rathwood-Applewood Community Node Designation: Residential Medium Density

Zoning By-law 0225-2007

Zoning: R4-57 (Residential), RM2-48 (Residential)

Other Applications:

Pre-Zoning: 20-1368

Site and Area Context

City Department and Agency Comments Files:B41-42/19, 2020/10/06 3 A291-292/19

The subject property is a vacant parcel, located upon the south-east side of the Burnhamthorpe Road East and Dixie Road intersection. To the north, the lands are comprised of townhouse units; and further north is a commercial plaza which dominates this portion of Burnhamthorpe Road East. A fire station, a multi-storey apartment structure, and an open space / wooded area are located directly across from the subject lands on the west side of Dixie Road. To the east, the subject lands are bounded by Jaycee Park to the rear; and, the Our Place Peel (Youth Shelter) lies to the south.

The subject property has a lot frontage of 14.9m along Dixie Road, and a total lot area of 750.28m2.

Comments

Planning

Planning Act

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Section 45 of the Planning Act provides the Committee of Adjustment with the authority to grant relief from the requirements of a municipal Zoning By-law. In evaluating such requests, the Committee must be satisfied that the proposal meets the four tests, as set out by the Planning Act.

Provincial Matters

Planning Analysis

Consent Applications (B41-42/19)

Staff comments concerning the Consent and the four tests associated with the Minor Variance applications are as follows:

In 1997, the property was the subject of both an Official Plan Amendment and Zoning By-law Amendment (OZ/42/97); resulting in the permission of a detached dwelling, with frontage along Dixie Road, as well as two semi-detached structures, with frontage along a yet to be extended portion of Gulleden Drive, for a total of three properties.

Historically, the parcel in-question has been the subject of multiple Minor Variance applications to envision this original proposal.

Both in 2006 (Applications B51/06 & B52/06), and again in 2007 (Applications B105/07 & B106/07), applications proposing two, 188.8m2 lots, with frontages of 7.45m were heard; receiving positive support from Planning Staff, as well subsequent approval from Committee.

More recently, a more aggressive proposal envisioning four lots, and consequently a litany of variances, was brought before Committee on December 12th, 2019, under Applications B40/19, B41/19, and B42/19. At this time, the application was deferred to permit the Applicant the opportunity to meet with Planning Staff to formulate a more reasonable proposal.

Planning Staff note, as per the provided revisions, the Applicant has removed the more egregious aspects of this previous configuration and has resubmitted a design in-keeping with both past approval, as well as in-line with the original vision for this property, as determined by the original Zoning By-law Amendment.

Minor Variance Applications: Semi-Detached Structures (A291-292/20)

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Planning Staff’s review of the above-noted Minor Variances applications are based solely upon the variances, as submitted, and cannot comment on their validity as it pertains to compliancy against the Zoning By-law. The Applicant has been made aware that, in the absence of a finalized review by the Zoning Department, they are to be self-satisfied that the correct variances have been both accurately identified and applied for.

Does the proposal maintain the general intent and purpose of the Official Plan?

The site is located within Special Site 1 of the Rathwood-Applewood Community Node Character Area, and designated Residential Medium Density by the Mississauga Official Plan (MOP). Special Site 1 permits both detached and semi-detached dwellings, in this instance.

Section 9 of MOP promotes development with appropriate urban form and site design, regulating that such development is compatible with: the existing site conditions; the surrounding context; and, the landscape of the character area. The proposed dwellings respect the designated residential land use, and, despite the variances, have regard for the distribution of massing on the property, as a whole. The variances, as amended, meet the purpose and general intent of the Official Plan.

Does the proposal maintain the general intent and purpose of the Zoning By-law?

Lot Coverage

As per Zoning By-law 0225-2007, the lots associated with applications ‘A’ 291/20 and ‘A’ 292/20 are zoned RM2-48 (Semi-Detached). Pursuant to 4.8.1.5 (RM1 and RM2 Permitted Uses and Zone Regulations), the Zoning By-law permits a maximum lot coverage of 45.0%; whereas, the Applicant has proposed 45.95%. The general intent of this portion of the Zoning By-law is to ensure that individual lots are not visibly or disproportionally developed as it pertains to the overall size of the property.

Planning Staff note, a portion of the excessive lot coverage can be attributed to the open-faced, rear deck and porch canopy structures – structural elements that do not typically lend themselves to representing visible or “true massing”. Further, were the areas associated with these features (2.82m2) removed from this calculation, the resulting lot coverage (44.45%) is compliant with the applicable Zoning By-law regulations (45.0%). The application, as amended, maintains the purpose and general intent of the Zoning By-law.

Rear Yard Setback

Pursuant to Table 4.8.1.9 (RM1 and RM2 Permitted Uses and Zone Regulations), a semi- detached dwelling is required to maintain a rear yard setback of 7.5m; whereas, the Applicant has requested 6.39m, in this instance. The general intent of this portion of the Zoning By-law is to ensure that both an adequate buffer exists between the massings of primary structures on adjoining properties, as well as create an appropriate amenity space within the rear yard. While the proposed structure will encroach closer into the rear yard than setback regulations currently allow; an adequate buffer to the rear-facing neighbours will remain and will serve to provide City Department and Agency Comments Files:B41-42/19, 2020/10/06 6 A291-292/19

adequate rear yard amenity space in this instance. The application, as amended, maintains the purpose and general intent of the Zoning By-law.

Is the proposal desirable for the appropriate development of the subject lands and minor in nature?

While the Applicant is required to seek relief from multiple portions of the Zoning By-law, when viewed either individually or collectively, these are nominal in nature, and do not pose significant negative impacts; nor are the impacts resultant of the proposed construction made worse due to the requested variances. The application, as amended, results in both the orderly development of the lands, and whose impacts are minor in nature. Conclusion

Based on the preceding information, the Planning and Building Department is of the opinion that the applications, as amended, have due regard or the criteria in Section 51(24) and Section 45(1) of the Planning Act. The Planning and Building Department has no objection to the applications. The Applicant may wish to defer the application to ensure that all required variances have been accurately identified.

Comments Prepared by: Roberto Vertolli, Committee of Adjustment Planner

City Department and Agency Comments Files:B41-42/19, 2020/10/06 7 A291-292/19

Appendices

Appendix 1 – Transportation and Works Comments

To summarize some of the previous development applications there were two Consent Applications, Files ‘B’ 51 and 52/06 and File ‘B’ 105 and 106/07. Rezoning Application OZ- 97/042 (which came into effect on April 25, 2007 under By-Law 0161-2007) included a Development Agreement and Licence Agreement entered into with Orchard Garden Markets Ltd. Site Plan Application SP 04/374 was also extensively reviewed by city staff; however, it was closed in October 2010. Under the 2007 Rezoning Application it was anticipated that at some time in the future Gulleden Drive would be extended which would provide an access to the subject lands. Currently, the City of Mississauga owns the lands designated as Parts 5 and 6 on Plan 43R-30998, however to date the roadway has not been constructed.

Further to the previous July 2019 circulation the applicant has met with city staff and as a result has submitted DWG No. R1 prepared by Cantam Group Ltd (dated 2020/02/26) titled Road Works and Site Services Extension. The drawing submitted depicts Gulleden Drive being extended southerly and includes municipal servicing extensions along with concrete sidewalk extensions on both sides of the extended roadway. The existing barricade at the end of the road will be shifted further south to accommodate access and driveways for the proposed lots.

In view of the above and should Committee see merit in the applicant’s request we are providing the following conditions/requirements for committee’s consideration:

A. Items Required Prior to the Issuance of Final Consent

1. Development Agreement including Schedules for Municipal Infrastructure to address the Gulleden Drive Road Extension and Municipal Services Extension

Satisfactory arrangements will have to be made with regards to the owner entering into a Development Agreement with the City of Mississauga which will include Municipal Infrastructure Schedules to address the Gulleden Drive road extension and associated municipal services required. This Consent Application is proposing to create two new lots fronting onto Gulleden Drive with the residual lands fronting onto Dixie Road. To provide access and municipal services to the proposed lots, Gulleden Drive must be extended southerly and include the extension of the storm, sanitary and watermain services. The proposal for the Gulleden Drive extension will be similar to what has been depicted in the submitted DWG No. R1 prepared by Cantam Group Ltd (dated 2020/02/26). It should be noted that in addition to the required municipal services, the road extension is also to include the extension of the 1.5M concrete sidewalk on both sides of the roadway, a dead end barricade, address any required street lighting, make arrangements for the lifting of the existing 0.3M reserve at the terminus of the City Department and Agency Comments Files:B41-42/19, 2020/10/06 8 A291-292/19

existing roadway along with any other requirements associated with the extension of a municipal roadway.

The applicant/owner should also acknowledge that the Transportation and Works Department will not issue it’s clearance for this Consent Application until such time that the Development Agreement including Schedules for Municipal Infrastructure has been finalized and the By-Law to authorize the execution of the agreement passed by Council and the agreement fully executed by the City. The applicant will be required to process an engineering submission for the design and construction of the extension or Gulleden Drive and any other associated infrastructure works prior to the execution of the Development Agreement.

2. Overall Grading and Drainage Plan

3. Overall Site Servicing Plan

We note that in cases of a high groundwater table where a sump pump is required the sump pump could run continuously and the basement elevation is to be at least 1.0metre above the groundwater level. It is the owner’s responsibility to satisfy themselves with these conditions as the City has no obligation to address concerns with operating conditions of private sump pump systems.

4. Required Easements

Upon the confirmation of any required easement(s), the applicant/owner will be required to provide a 43R-Plan and letter/schedule prepared by the applicant's Solicitor which would specifically describe the new private easement(s) to be established. It should also be noted that if the private easement pertains to the Transportation and Works Department, then any documentation received will be forwarded as an attachment with our clearance memo to the Committee of Adjustment Office in order that any new proposed private easement(s) can be identified and also be incorporated into the Certificate of Secretary-Treasurer.

We also note for information purposes that a Sanitary Sewer Easement will be required as the sanitary servicing for the new lots fronting onto Gulleden Drive will be through the residual lands City Department and Agency Comments Files:B41-42/19, 2020/10/06 9 A291-292/19

(lot fronting onto Dixie Road). As sanitary sewers are under the jurisdiction of the Region of Peel, satisfactory arrangements will have to be made with the Region to address same.

5. Fee Requirements as Per Fees and Charges By-Law

6. Municipal Address Requirement

Prior to the issuance of final consent, satisfactory arrangements are to be made with Corporate Services Department, Information Technology Division, Digital Services & Mobility Section, Geospatial Solutions Group for the creation of new municipal addresses for the severed and retained lands. For further information, please contact Susie Tasca at (905) 615-3200 ext. 3088 or [email protected]

For further information regarding the above noted comments, please contact Tony Iacobucci at (905) 615-3200 ext. 5129 or [email protected]

B. GENERAL INFORMATION

1. Lot Grading and Drainage

2. Servicing

3. Access

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Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Building Department is currently processing a Pre-Zoning Permit application under file 19-6973. Based upon review of this Application, Staff notes that the Minor Variance application should be amended as follows, permitting:

A291/19: 4. A lot area of 188.54m2 (approx. 2029.43sq.ft); whereas, By-law 0225-2007, as amended, requires a minimum lot area of 191.00sq.m (approx. 2,055.91sq.ft), in this instance; and, 5. A lot coverage of 45.95% of the lot area; whereas, By-law 0225-2007, as amended, permits a maximum lot coverage of 40.00% of the lot area, in this instance.

Notwithstanding, this Department notes that more information is required to verify the accuracy of the requested variances, as well as to determine whether additional variance(s) will be required.

Comments Prepared by: Adam McCormack, Zoning Examiner

Appendix 3 – Parks, Forestry & Environment

The Park Planning Section of the Community Services Department has reviewed the above noted consent application and advises as follows:

1. The applicant shall provide a cash contribution of $1,768.32 for planting of three (3) street trees on Gulleden Drive. This figure is subject to the most recent Fees and Charges By-law at the time of payment and is therefore subject to change.

In addition, Community Services notes the following:

1. Tree preservation securities will be required as a condition of site plan approval for the street trees located within the Municipal Boulevard.

2. Payment for street tree contributions can be made at the Parks and Forestry customer service counter located at 950 Burnhamthorpe Road West in the form of a certified cheque, bank draft, or money order payable to the City of Mississauga. Please contact Jim Greenfield for the Covid-19 payment process.

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3. Prior to the issuance of building permits, cash-in-lieu for park or other public recreational purposes may be required pursuant to Section 42 of the Planning Act (R.S.O. 1990, C.P. 13, as amended) and in accordance with the City’s policies and bylaws.

Should further information be required, please contact Jim Greenfield, Park Planner, Community Services Department at 905-615-3200 ext. 8538 or via email [email protected].

Comments Prepared by: Jim Greenfield, Park Planner

Appendix 5 – Region of Peel Comments

Development Engineering: Camila Marczuk (905) 791-7800 x8230

After the severance, the rear lots (Part 2 & Part 3) will not have frontage onto municipal water or sanitary sewer.

For location of existing water and sanitary sewer Infrastructure please contact Records at 905-791-7800 extension 7882 or by e-mail at [email protected].

Condition: Arrangements satisfactory to the Region of Peel, Public Works shall be made with respect to the location of existing and installation of new services and/or possible required private service easements.

Traffic Development: Catherine Barnes (905) 791-7800 x7569

The Traffic Engineering section has reviewed the applications and wishes to offer the below comments and conditions:

For the two proposed lots with no frontage (Part 2 & Part 3):

 Access is to be obtained via Gulleden Drive.

For the proposed lot with frontage along Regional Road 4 (Dixie Road) (Part 1): City Department and Agency Comments Files:B41-42/19, 2020/10/06 12 A291-292/19

 Access: o A single right in/right out access along Dixie Road will be supported; o An Access Agreement will be required to be entered into for the right in/right out access and to be registered on title to the property; o The applicant is advised that a Road Occupancy Permit is required before commencing any access/road works within Region’s right-of-way. Associated drawings, road occupancy permit form, notice to commence work form, certificate of insurance, application fees and security deposit will be required to complete the Road Occupancy Permit application.

 Land Dedication o The Region of Peel will require the gratuitous dedication of 25.5 metres from the centreline of Dixie Road followed by a 0.3 metre reserve along the frontage of the property along Dixie Road except at the approved access location; o The applicant is to dedicate these lands to the Region, free and clear of all encumbrances. All costs associated with the transfer, including preparation of the necessary reference plan are the responsibility of the applicant. The applicant must provide the Region with the necessary title documents and a draft reference plan for review and approval prior to deposit.

Condition: Satisfactory arrangements shall be made between the Owner and the Region regarding land dedication and the Access Agreement. The Region will require Reference plan(s) and transfer document(s) to be completed and registered on title.

Development Engineering: Camila Marczuk (905) 791-7800 x8230

As per Region of Peel Storm Sewer Design Criteria 2.0, No additional storm drainage shall be conveyed to the Region of Peel’s Right of Way.

As per Region of Peel Storm Sewer Design Criteria 2.0 “No grading will be permitted within any Region of Peel Right-of-Way to support adjacent development”.

As per Region of Peel Storm Sewer Design Criteria 3.0 “Post-Development flows must be equal to or less than Pre-Development levels”.

Comments Prepared by: Diana Guida, Junior Planner

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Appendix A – Conditions of Provisional Consent

6. A letter shall be received from the Region of Peel, Development Services/Public Works, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated October 6, 2020.

Lot Creation

a. The variance application approved under File(s) A291/20 & A292/20 must be finalized.

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 275/20 Ward 1

Why you received this letter:

Details of the application and meeting information:

The property owners of 120 Troy Street, zoned R3-1 - Residential, have applied for a minor variance under Section 45 of the Planning Act. The applicants request the Committee to approve a minor variance to allow the construction of an accessory structure on the subject property proposing a lot coverage of 39.17% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.00% of the lot area in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: Enter/choose date. File(s): A275/20 Ward: 1 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

Application Details

The applicants request the Committee to approve a minor variance to allow the construction of an accessory structure on the subject property proposing a lot coverage of 39.17% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.00% of the lot area in this instance.

Amendments

The variance should be amended as follows:

The applicants request the Committee to approve a minor variance to allow the construction of a deck in rear yard on the subject property proposing a lot coverage of 38.42% of the lot area whereas By-law 0225-2007, as amended, permits a maximum lot coverage of 35.00% of the lot area in this instance.

Recommended Conditions and Terms

"[Enter terms and conditions here]"

Background

Property Address: 120 Troy Street

City Department and Agency Comments File:A275/20 Enter date. 2

Mississauga Official Plan

Character Area: Mineola Neighbourhood Designation: Residential Low Density II

Zoning By-law 0225-2007

Zoning: R3-1 (Residential)

Other Applications

Building Permit: 20-1936

Site and Area Context

The subject property is located within the Mineola Neighbourhood Character Area, southeast of Hurontario Street and Eaglewood Boulevard. The neighbourhood is entirely residential, consisting of one and two storey detached dwellings with mature vegetation. The subject property contains an existing two storey dwelling with mature vegetation in the rear yard. Abutting the dwellings on the south side of Troy Street is the railway corridor to the rear.

The application proposes a rear deck, requesting a variance for increased lot coverage.

Comments

Planning

Section 45 of the Planning Act provides the Committee of Adjustment with the authority to grant relief from the requirements of a municipal zoning by-law. Approval of applications must meet the requirements set out under 45(1) and/or 45(2) (a) or (b) in the Planning Act.

Staff comments concerning the application are as follows:

City Department and Agency Comments File:A275/20 Enter date. 3

The increased lot coverage is due to the rear deck which makes up approximately 6.9% of the total lot coverage. The dwelling itself maintains the maximum permitted lot coverage. Through a detailed review of the application, staff is of the opinion that the application is appropriate to be handled through the minor variance process. Further, the application raises no concerns of a planning nature. Conclusion

Comments Prepared by: Lucas Petricca, Committee of Adjustment Planner

City Department and Agency Comments File:A275/20 Enter date. 4

Appendices

Appendix 1 – Transportation and Works Comments

We are noting for Committee’s information that any Transportation and Works Department concerns/requirements for the proposed deck/hot tub will be addressed through the current Building Permit application process, BP9ALT-20/1936.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Planning and Building Department is currently processing a building permit application under file 20-1936. Based on review of the information currently available for this building permit, we advise that the following variances should be amended as follows:

Our comments are based on the plans received by Zoning staff on 2020-18-08 for the above captioned building permit application. Please note that should there be any changes contained within this Committee of Adjustment application that have not been identified and submitted through the site plan approval process, these comments may no longer be valid.

Comments Prepared by: Shahrzad (Sherri) Takalloo, Zoning Examiner

Appendix 3 – Parks, Forestry & Environment

"[Enter Community Services staff comments]"

Comments Prepared by: Click here to insert name, title...

Appendix 4 – Heritage

"[Enter Community Services staff comments]"

Comments Prepared by: Click here to insert name, title...

Appendix 5 – Region of Peel Comments

Regional Planning staff have reviewed the applications listed on the October 8th, 2020 City Department and Agency Comments File:A275/20 Enter date. 5

Committee of Adjustment Agenda. We have no comments or objections to the following applications:

Minor Variance Applications: A-275/20, A-304/20, A-305/20, A-306/20, A-308/20, A-311/20, A-313/20, A-314/20, A-343/20

Comments Prepared by: Diana Guida, Junior Planner

Appendix 6- Conservation Authority Comments

"[Entert CA comments]"

Comments Prepared by: Click here to insert name, title...

Appendix 7 – "[Enter other agency name"

"[Enter other agency comments"

Comments Prepared by: Click here to insert name, title...

City Department and Agency Comments File:A275/20 Enter date. 6

Schedule 1 Conditions  None

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 300/20 Ward 2

Why you received this letter:

Details of the application and meeting information:

The property owner of 1394 Lorne Park Road, zoned R2-4 - Residential, has applied for a minor variance under Section 45 of the Planning Act. The applicant requests the Committee to approve a minor variance to allow the construction of a new home on the subject property proposing: 1. A height measured to the eaves of 7.04m (approx. 23.10ft) whereas By-law 0225-2007, as amended, permits a maximum height measured to the eaves of 6.40m (approx. 21.00ft) in this instance; 2. An interior side yard of 1.80m (approx. 5.91ft) whereas By-law 0225-2007, as amended, requires a minimum interior side yard of 2.41m (approx. 7.91ft) in this instance; 3. A window well setback of 0.88m (approx. 2.89ft) whereas By-law 0225-2007, as amended, requires a minimum window well setback of 1.19m (approx. 3.90ft) in this instance; and 4. An eave overhang setback of 1.31m (approx. 4.30ft) whereas By-law 0225-2007, as amended, requires a minimum eave overhang setback of 1.96m (approx. 6.43ft) in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-02 File(s): A300/20 Ward: 2 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City does not object to the requested variances, as amended.

Application Details

The applicant requests the Committee to approve a minor variance to allow the construction of a new home on the subject property proposing:

1. A height measured to the eaves of 7.04m (approx. 23.10ft) whereas By-law 0225-2007, as amended, permits a maximum height measured to the eaves of 6.40m (approx. 21.00ft) in this instance; 2. An interior side yard of 1.80m (approx. 5.91ft) whereas By-law 0225-2007, as amended, requires a minimum interior side yard of 2.41m (approx. 7.91ft) in this instance; 3. A window well setback of 0.88m (approx. 2.89ft) whereas By-law 0225-2007, as amended, requires a minimum window well setback of 1.19m (approx. 3.90ft) in this instance; and 4. An eave overhang setback of 1.31m (approx. 4.30ft) whereas By-law 0225-2007, as amended, requires a minimum eave overhang setback of 1.96m (approx. 6.43ft) in this instance.

Amendments

The following variances should be amended as follows:

2. An interior side yard of 1.80m (approx. 5.91ft) whereas By-law 0225-2007, as amended, requires a minimum interior side yard of 2.41m (approx. 7.91ft) in this instance;

3. A window well setback of 0.88m (approx. 2.89ft) whereas By-law 0225-2007, as amended, requires a minimum window well setback of 1.19m (approx. 3.90ft) in this instance; and City Department and Agency Comments File:A300/20 2020/10/02 2

4. An eave overhang setback of 1.34m (approx. 4.39ft) for the interior side yard whereas By-law 0225-2007, as amended, requires a minimum eave overhang setback of 1.96m (approx. 6.43ft) in this instance.

The following variances should be added to the application:

An accessory structure occupied area for cabana of 27.56sq.m (approx. 296.65sq.ft) whereas By-law 0225-2007,as amended permits a maximum occupied area per accessory structure of 20.00sq.m (approx. 215.27sq.ft) in this instance.

A max height to highest point of the accessory structure for gazebo of 4.42m (approx. 14.50ft) whereas By-law 0225-2007,as amended permits a maximum height to highest point of the accessory structure of 3.5m (approx. 11.50ft) in this instance.

Background

Property Address: 1394 Lorne Park Road

Mississauga Official Plan

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

Zoning By-law 0225-2007

Zoning: R2-4 (Residential)

Other Applications

Site Plan Application: 19-94

Site and Area Context

The subject property is located within the Clarkson-Lorne Park Neighbourhood Character Area, north of Truscott Drive and Lorne Park Road. The immediate area is primarily residential, consisting of large lots with significant mature vegetation, containing one and two storey detached dwellings. The subject property contains an existing single storey dwelling with mature vegetation throughout the lot.

The application proposes a new two storey detached dwelling, requiring variances related to eave height, setbacks measured to the window well, dwelling and the eave overhang, as well as variances related to the accessory structure. City Department and Agency Comments File:A300/20 2020/10/02 3

Comments

Planning

Staff comments concerning the application of the four tests to this minor variance request are as follows:

Does the proposal maintain the general intent and purpose of the Official Plan?

The subject property is designated Residential Low Density I in Schedule 10 of the Mississauga Official Plan, which permits detached, semi-detached and duplex dwellings. As per Section 16.5.1.4 (Infill Housing), infill housing is encouraged to fit the scale and character of the surrounding area and to ensure that new development has minimal impact on its adjacent neighbours. The subject property is able to accommodate the proposed dwelling without significant adverse impacts to the character streetscape. The design elements of the dwelling are meant to minimize the overall massing of the dwelling and reducing any further impact to adjacent properties. Staff is of the opinion that the general intent and purpose of the official plan is maintained.

Does the proposal maintain the general intent and purpose of the Zoning By-law?

City Department and Agency Comments File:A300/20 2020/10/02 4

Variance #1 proposes an eave height of 7.04 m whereas a maximum of 6.40 m is permitted. The intent of restricting height to the eaves is to lessen the visual massing of the dwelling by bringing the edge of the roofline closer to the ground, lowering the overall pitch of the roof and keeping the dwelling within a human scale. In this instance, the increased eave height is measured to the architectural feature above the main entrance to the dwelling. The remaining portion of the roofline maintains the permitted 6.40 m eave height. Furthermore, the dwelling maintains an overall height of 9.50 m, consistent with the maximum permitted height within the zoning by-law, thereby mitigating any further impact from the increased eave height. Staff is of the opinion that the general intent and purpose of the zoning by-law is maintained.

Variances #2-4 do not add any significant massing to the dwelling and are present throughout the immediate area. Furthermore, the eave overhang does not present any additional massing to the dwelling and is a minor deviation from the zoning by-law regulations resulting in no additional undue impact. As such, staff is of the opinion that the application raises no concerns of a planning nature and is appropriate to be handled through the minor variance process.

The added variances relate to an increased area and height of accessory structures. The increased area is due to the cabana while the increased height is due to the gazebo. The intent of the zoning by-law provisions regarding accessory structures is to ensure that the structures are proportional to the lot and accessory to the principle structure while not presenting any massing concerns to neighbouring lots. In this case, both structures are screened by mature vegetation and are sufficiently setback from the adjacent properties, minimizing any potential massing impact to neighbouring lots. Additionally, the gazebo contains a sloped roof further mitigating the massing of the structure. Staff is of the opinion that the general intent and purpose of the zoning by-law is maintained.

Is the proposal desirable for the appropriate development of the subject lands and minor in nature?

The proposed dwelling maintains the existing neighbourhood context and will not negatively impact the character of the streetscape as the proposed eave height is only for the central architectural feature of the dwelling, above the main entrance. The remaining portion of the roof maintains the permitted eave height of 6.40 m. Additionally, the overall roof height maintains the by-law regulation and minimizes any massing concerns. Regarding the proposed gazebo and cabana, the combination of the mature vegetation, setbacks and sloped roof design mitigate any potential massing impacts of the structures on adjacent properties. Staff is of the opinion that the application represents orderly development of the lands and is minor in nature.

Conclusion

The Planning and Building Department has no objections to the requested variances, as amended.

City Department and Agency Comments File:A300/20 2020/10/02 5

Comments Prepared by: Lucas Petricca, Committee of Adjustment Planner

City Department and Agency Comments File:A300/20 2020/10/02 6

Appendices

Appendix 1 – Transportation and Works Comments

We are noting that any Transportation and Works Department concerns/requirements for the proposed dwelling will be addressed through the Site Plan Application process (SPI-19/094).

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Planning and Building Department is currently processing a site plan approval application under file 19-94. Based on review of the information currently available for this application, we advise that the following variances should be amended as follows:

2. An interior side yard of 1.80m (approx. 5.91ft) whereas By-law 0225-2007, as amended, requires a minimum interior side yard of 2.41m (approx. 7.91ft) in this instance;

3. A window well setback of 0.88m (approx. 2.89ft) whereas By-law 0225-2007, as amended, requires a minimum window well setback of 1.19m (approx. 3.90ft) in this instance; and

The following variances should be added to the application:

Comments Prepared by: Shahrzad (Sherri) Takalloo, Zoning Examiner

Appendix 3 – Parks, Forestry & Environment

The Park Planning Section of the Community Services Department has no objections to the minor variance application and advises as follows:

City Department and Agency Comments File:A300/20 2020/10/02 7

1. The lands to the rear of the subject property are owned by Hydro One and leased by the City of Mississauga, known as Nine Creeks Trail.

2. Construction access from the park is not permitted.

3. Stockpiling of construction materials and encroachment in the adjacent park is not permitted.

4. Tree preservation securities may be required as a condition of site plan approval for street trees located within the Municipal Boulevard.

Should further information be required, please contact Jim Greenfield, Park Planner, Community Services Department at 905-615-3200 ext. 8538 or via email [email protected]

Comments Prepared by: Jim Greenfield, Park Planner

Appendix 5 – Region of Peel Comments

Development Engineering: Camila Marczuk (905) 791-7800 x8230

Please be advised that service connection sizes shall be in compliance with Ontario Building Code and Region of Peel Design Criteria. An upgrade of your existing service may be required. All works associated with the servicing of this site will be at the applicant’s expense. For more information, please call our Site Servicing Technicians at 905.791.7800 x7973 or by email at [email protected].

Comments Prepared by: Diana Guida, Junior Planner

Appendix 7 – Trans-Northern Pipelines Inc

Thank you for providing Trans-Northern with the Committee of Adjustment Agenda for October 8, 2020 for the proposed development for a) a new home at 1394 Lorne Park Road and b) construction of a new balcony at 1060 Walden Circle Unit 46. Trans-Northern currently operates a high-pressure petroleum products transmission pipeline within a 60 foot right of way on the property adjacent to the proposed developments relating to 1394 Lorne Park Road (A-300/20) and 1060 Walden Cir (A-313/20). On Lorne Park Road, our pipeline easement borders the back of the property, Southwest and traveling diagonally to the Northeast. In relation to the Walden Circle property, the TNPI pipeline starts Northwest and continues south to the Southeast, not running straight but adjacent to the road.

For the proposed development on the property described as 1394 Lorne Park Road, Trans- Northern has no concerns with the proposed development of a new home on the parcel. However TNPI would like to remind the developer and/or landowner that, since the construction will be within 30 m of the pipeline and within the Prescribed Area (30m), Ontario One Call will City Department and Agency Comments File:A300/20 2020/10/02 8

need to be contacted to arrange for a locate. Further to the above, TNPI would request a preliminary plan to ensure the location of the home on the property is placed on the parcel on the reverse side of the pipeline easement. If the activities are within the right-of-way (not discovered in this review) a TNPI permit will be required which can be requested by following the steps described near the end of this response.

For the proposed development on the property described as 1060 Walden Circle, Trans- Northern has no concerns with the proposed development of a balcony on the parcel, however since the development is with the Prescribed Area (30m) of the pipeline you are required to contact Ontario One Call. If the development, including construction vehicles, will be within the right-of-way a TNPI permit will be required which can be requested by following the steps at the end of this response.

Please note that, Trans-Northern is regulated by the Canada Energy Regulator. Section 335 (1) and (2) of the Canadian Energy Regulator Act, provides that:

 It is prohibited for any person to construct a facility across, on, along or under a pipeline or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized or required by the orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them.  Prohibition — vehicles and mobile equipment It is prohibited for any person to operate a vehicle or mobile equipment across a pipeline unless

o (a) that operation is authorized or required by orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them; or

o (b) the vehicle or equipment is operated within the travelled portion of a highway or public road. Should the applicant propose to cross the pipeline with a vehicle or construct a facility across, on, along or under the pipeline, the applicant would be required to contact Trans-Northern prior to commencement of their work to receive the required authorization. This process can be initiated through Ontario One Call (1-800-400-2255). A representative from Trans-Northern will attend on site mark the pipeline location, confirm safe work practices, and advise of any permit requirements. Should the applicant require further information on the technical requirements related to ground disturbance or crossing of the pipeline, they may contact Cliff Lee, Crossing Coordinator via email at : [email protected]. As always, Trans-Northern appreciates being circulated Committee of Adjustment Agendas with address and project descriptions and the opportunity to provide comments on the proposed development(s).

Comments Prepared by: Michelle Gruszecki, Property & Right of Way Administrator

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 304/20 Ward 5

Why you received this letter:

Details of the application and meeting information:

The property owner of 3968 Brandon Gate Drive, zoned R4-64 - Residential, has applied for a minor variance under Section 45 of the Planning Act. The applicant requests the Committee to approve a minor variance to allow a driveway width of 7m (23ft) whereas By-law 0225-2007, as amended, permits a maximum driveway width of 6m (approx. 19.7ft) in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-06 File(s): A304/20 Ward: 5 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City recommends that the application, as amended, be refused.

Application Details

The Applicant requests the Committee to approve a minor variance to allow a driveway width of 7m (23ft); whereas, By-law 0225-2007, as amended, permits a maximum driveway width of 6m (approx. 19.7ft), in this instance.

Amendments

A cursory review of the application revealed the following amendment(s) may be required, permitting:

1. A driveway width of 8m; whereas, Zoning By-law 0225-2007, as amended, permits a maximum driveway width of the width of garage door opening plus 2m, up to a maximum of 6m, in this instance; and, 2. A driveway setback of 0m; whereas, Zoning By-law 0225-2007, as amended, requires a minimum setback of 0.6m measured to the driveway, in this instance.

This Department further notes:

 The width of the garage door is unknown.  The minimum landscaped soft area that is to be provided in the front yard is 40% of the front yard area.

City Department and Agency Comments File:A304/20 2020/10/06 2

Background

Property Address: 3968 Brandon Gate Drive

Mississauga Official Plan

Character Area: Malton Neighbourhood Designation: Residential Low Density II

Zoning By-law 0225-2007

Zoning: R4-64 (Residential) Other Applications:

None

Site and Area Context

The subject property is located north-east of the Goreway Drive and Morning Star Drive intersection and currently houses a two-storey, detached dwelling with an attached double-car garage. The immediate neighbourhood is exclusively residential in nature, with dwelling types ranging from single-storey detached dwellings to three-storey semi-detached structures. The properties within the immediate area possess lot frontages of +/- 12.2m, with minimal vegetative elements located within their front yards.

The subject property is an interior parcel, with a lot area of approximately 450m2, and a lot frontage of +/-13.4m.

City Department and Agency Comments File:A304/20 2020/10/06 3

Comments

Planning

Section 45 of the Planning Act provides the Committee of Adjustment the authority to grant relief from requirements of the municipal Zoning By-law; provided such applications meet the requirements set out under Section 45(1) and/or 45(2) (a) or (b) of the Planning Act.

Staff comments concerning the application of the four tests to this minor variance request are as follows:

Does the proposal maintain the general intent and purpose of the Official Plan?

The site is situated within the Malton Neighbourhood Character Area, and designated Residential Low Density II by the Mississauga Official Plan (MOP). As per Section 9.1 (Introduction), driveway widths should respect the identity and character of the surrounding context. The planned context of this neighbourhood is that of detached and semi-detached dwellings serviced by appropriately sized driveways, with the remainder of the property’s frontage serving to form a soft-landscaped area. From a streetscape perspective, the proposed driveway, and its associate hard-surfaced area, represents a significant portion of the property’s front yard. This is visibly different from the unaltered lots within this neighbourhood, which can be used to deduce the area’s planned context. The proposal does not meet the purpose or general intent or purpose of the Official Plan.

Does the proposal maintain the general intent and purpose of the Zoning By-law?

City Department and Agency Comments File:A304/20 2020/10/06 4

Variance 1 (Driveway Width)

As per Zoning By-law 0225-2007, the subject property is zoned R4-64 (Residential). Pursuant to Table 4.2.1.12.3 (R1 to R5 Permitted Uses and Zone Regulations), the maximum driveway width for a detached dwelling is 6.0m; whereas, the Applicant is proposing 8m, as amended. The general intent of this portion of the Zoning By-law is to permit a driveway wide enough to provide the necessary space for two vehicles parked side-by-side, with the remainder of lands being soft landscaping (front yard). The Applicant’s proposal results in a driveway wide enough to accommodate three vehicles parked side-by-side. Variance 1, as amended, does not meet the purpose or general intent of the Zoning By-law.

Variance 2 (Driveway Setback)

Pursuant to Section 4.1.9.4 (Driveways and Parking), the minimum distance from a driveway to any lot line is 0.6m; whereas, the applicant is proposing 0.0m. The intent of this portion of the Zoning By-law is to ensure that an adequate visual buffer exists between two properties and that it is large enough to mitigate any potential drainage concerns. The Applicant’s proposal of a 0.0m setback is insufficient in providing this buffer, as it pertains to the subject lands. Variance 2, as amended, does not meet the purpose or general intent of the Zoning By-law.

Is the proposal desirable for the appropriate development of the subject lands and minor in nature?

The variances, as amended, creates a significant amount hardscaping and results in the driveway being the predominant feature of the front yard (60% at its widest point). This is an undesirable development of the land, and one whose effects are not minor in nature.

Conclusion

Based upon the preceding information, it is the opinion of Staff that the variances, as amended, do not meet the criteria established by Section 45(1) of the Planning Act. To this end, the Planning and Building Department recommends that the application be refused.

Comments Prepared by: Roberto Vertolli, Committee of Adjustment Planner City Department and Agency Comments File:A304/20 2020/10/06 5

Appendices

Appendix 1 – Transportation and Works Comments

This department notes that with regard to the widened driveway within the municipal boulevard (the area between the municipal curb and property line) we would request that this area be reinstated with topsoil and sod should the application be modified to reflect a smaller driveway width within the subject property or if the application is not supported by the Committee.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Building Department is not in receipt of any permit applications at this time and the Applicant is advised that a full zoning review has not been completed. A cursory review of the application revealed the following amendment(s) may be required, permitting:

3. A driveway width of 8m; whereas, Zoning By-law 0225-2007, as amended, permits a maximum driveway width of the width of garage door opening plus 2m, up to a maximum of 6m, in this instance; and, 4. A driveway setback of 0m; whereas, Zoning By-law 0225-2007, as amended, requires a minimum setback of 0.6m measured to the driveway, in this instance.

This Department further notes:

 The width of the garage door is unknown.  The minimum landscaped soft area that is to be provided in the front yard is 40% of the front yard area.

Comments Prepared by: Brian Bonner, Zoning Examiner

Appendix 5 – Region of Peel Comments

Regional Planning staff have reviewed the applications listed on the October 8th, 2020 Committee of Adjustment Agenda. We have no comments or objections to the following applications:

Minor Variance Applications: A-275/20, A-304/20, A-305/20, A-306/20, A-308/20, A-311/20, A-313/20, A-314/20, A-343/20

Comments Prepared by: Diana Guida, Junior Planner

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 305/20 Ward 11

Why you received this letter:

Details of the application and meeting information:

The property owners of 306 Queen Street South, zoned R3 - Residential, have applied for a minor variance under Section 45 of the Planning Act. The applicants request the Committee to approve a minor variance to allow the existing paving to remain on the subject property proposing: 1. A driveway width within 6 metres of the garage face of 16.07m (approx. 52.72ft) whereas By-law 0225- 2007, as amended, permits a maximum driveway width within 6 metres of the garage face of 10.50m (approx. 34.44ft) in this instance; 2. A driveway width beyond 6 metres of the garage face of 16.07m (approx. 52.72ft) whereas By-law 0225- 2007, as amended, permits a maximum driveway width beyond 6 metres of the garage face of 8.50m (approx. 27.89ft) in this instance; 3. A hammerhead length of 6.00m (approx. 19.69ft) whereas By-law 0225-2007, as amended, permits a maximum hammerhead length of 3.00m (approx. 9.84ft) in this instance; 4. A hammerhead width of 2.67m (approx. 8.76ft) whereas By-law 0225-2007, as amended, permits a maximum hammerhead width of 2.60m (approx. 8.53ft) in this instance; and 5. A hammerhead width of 4.74m (approx. 15.55ft) whereas By-law 0225-2007, as amended, permits a maximum hammerhead width of 2.60m (approx. 8.53ft) in this instance

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-06 File(s): A305/20 Ward: 11 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City recommends that the Committee have regard for all comments and evidence provided by the Applicant and area residents when assessing if the application, as amended, meets the requirements of Section 45(1) of the Planning Act.

Application Details

The Applicants request the Committee to approve a minor variance to allow the existing paving to remain on the subject property, proposing:

1. A driveway width within 6 metres of the garage face of 16.07m (approx. 52.72ft); whereas, By-law 0225-2007, as amended, permits a maximum driveway width within 6 metres of the garage face of 10.50m (approx. 34.44ft), in this instance; 2. A driveway width beyond 6 metres of the garage face of 16.07m (approx. 52.72ft); whereas, By-law 0225-2007, as amended, permits a maximum driveway width beyond 6 metres of the garage face of 8.50m (approx. 27.89ft), in this instance; 3. A hammerhead length of 6.00m (approx. 19.69ft); whereas, By-law 0225-2007, as amended, permits a maximum hammerhead length of 3.00m (approx. 9.84ft) in this instance; 4. A hammerhead width of 2.67m (approx. 8.76ft); whereas, By-law 0225-2007, as amended, permits a maximum hammerhead width of 2.60m (approx. 8.53ft) in this instance; and, 5. A hammerhead width of 4.74m (approx. 15.55ft); whereas, By-law 0225-2007, as amended, permits a maximum hammerhead width of 2.60m (approx. 8.53ft) in this instance

Background

Property Address: 306 Queen Street South

Mississauga Official Plan City Department and Agency Comments File:A305/20 2020/10/06 2

Character Area: Streetsville Community Node Designation: Residential Low Density 1

Zoning By-law 0225-2007

Zoning: R3 (Residential)

Other Applications:

Pre-Zoning Review: 20-1373

Site and Area Context

The subject property is located south-west of the Queen Street South and Thomas Street intersection, and currently houses a two-storey detached dwelling. Contextually, the surrounding neighbourhood is comprised exclusively of residential detached dwellings of a diverse architectural style. The properties within the immediate area possess lot frontages of +/- 20.0m, and exhibit generous mature vegetative elements within their front yards.

The subject property is an interior parcel with a lot area of +/- 2,105.0m2 and a lot frontage of +/- 20.2m.

City Department and Agency Comments File:A305/20 2020/10/06 3

Comments

Planning

Section 45 of the Planning Act provides the Committee of Adjustment the authority to grant relief from the requirements stipulated by the municipal Zoning By-law, provided that such applications meet the requirements set out under Section 45(1) and/or 45(2) (a) or (b) of the Planning Act.

Staff comments concerning the application of the four tests to this minor variance request are as follows:

The Applicant is proposing to construct a detached car garage within their back yard. Both the structure, and the proposed location, are permitted, as-of-right; however, the connecting driveway requires relief from the Zoning By-law.

The intent of the Zoning By-law in regulating driveway and hammerhead attachment sizes is ultimately to ensure that front yard amenity space and soft landscaping is not significantly reduced at the expense of such features.

Planning Staff note, the requested driveway proposes a maximum width of 6.0m at its entrance, but is further reduced to 3.65m for the majority of its construction, with ample soft-landscaping being provided / maintained within the front and interior side yards. The hammerhead will be well-hidden by the existing residential structure and the creation of the proposed driveway will not come at the expense of any reduced landscaping, with no variances required in this regard.

Planning Staff note, were the hardscaping proposed in the absence of the garage structure, the proposal would be permitted as-of-right, as the Zoning By-law is generally silent regarding hardscaping regulations within a rear yard.

Through a detailed review, Staff is of the opinion that the application, as amended, is appropriate to be handled through the minor variance process. Further, the application raises no concerns of a planning nature.

Conclusion

The Planning and Building Department recommends that the Committee have regard for all comments and evidence provided by the Applicant and area residents when assessing if the application, as amended, meets the requirements of Section 45(1) of the Planning Act.

Comments Prepared by: Roberto Vertolli, Committee of Adjustment Planner

City Department and Agency Comments File:A305/20 2020/10/06 4

Appendices

Appendix 1 – Transportation and Works Comments

We note that Transportation and Works Department requirements for the re-development of this property were addressed through the Building Permit and Site Plan Approval Process (SP 13/194). It is our understanding from the information provided by the applicant that the modifications made to the previously approved landscaped area were required to alleviate a “excessively soggy” situation. Acknowledging the significant large grassed area to the rear of the property which accommodates the drainage from this property, we have no objections to the request.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Building Department is currently processing a Pre-Zoning Permit application under file 19- 6973. Based upon review of this Application, Staff notes that the Minor Variance application should be amended as follows, permitting:

1. A hammerhead size of 4.74m (width) and 6.00m (length); whereas, By-law 0225-2007, as amended, permits a maximum of 2.60m (width) and 3.00m (length), in this instance; 2. A hammerhead width of 2.67m; whereas, By-law 0225-2007, as amended, permits a maximum of 2.60m, in this instance; 3. A driveway width for the portion of the driveway that is beyond 6.0m of the garage face of 16.07m; whereas, By-law 0225-2007, as amended, permits a maximum of 8.50m, in this instance; and, 4. A driveway width for the portion of the driveway that is within 6.0m of the garage face of 16.07m; whereas, By-law 0225-2007, as amended, permits a maximum of 10.50m, in this instance

Comments Prepared by: Jeanine Bemitez-Bumanglag, Zoning Examiner

Appendix 5 – Region of Peel Comments

Regional Planning staff have reviewed the applications listed on the October 8th, 2020 Committee of Adjustment Agenda. We have no comments or objections to the following applications:

Minor Variance Applications: A-275/20, A-304/20, A-305/20, A-306/20, A-308/20, A-311/20, A-313/20, A-314/20, A-343/20 City Department and Agency Comments File:A305/20 2020/10/06 5

Comments Prepared by: Diana Guida, Junior Planner

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 306/20 Ward 1 Why you received this letter: You are receiving this letter because you are the owner of a neighbouring property within 60m (200ft) of the subject property, or are the agent/interested party/owner of the property for the application.

Details of the application and meeting information: The property owner of 70 Mississauga Road South & 181 Lakeshore Road West, zoned G1 – Greenlands, D – Development, C4-74 – Commercial, C4-75 – Commercial, RA3-36 – Residential, RA3-37 – Residential, RA4-50 – Residential, RA4-51 – Residential, H-RA5-51 – Residential, H-RA5-52 – Residential, RM9-1 – Residential, OS1 – Open Space, OS2-13 – Open Space, OS2-14 – Open Space, RM10-2 – Residential, RM10-3 – Residential, and RM4-76 – Residential, has applied for a Minor variance under Section 45 of the Planning Act. The applicant requests the Committee to approve a minor variance to allow the construction of a mixed use development on the subject property proposing: 1. Amenity space provided at a rate of 4.0sq.m (approx. 43.1sq.ft) per unit whereas By-law 0225-2007, as amended, requires amenity space to be provided a minimum rate of 5.6sq.m (approx. 60.3sq.ft) per unit in this instance; 2. A setback from the streetline of an internal road to the east of 3.3m (approx. 10.8ft) whereas By-law 0225-2007, as amended, requires a minimum setback of 4.0m (approx. 13.1ft) to the internal road in this instance; 3. A canopy projection of 0.6m (approx. 2.0ft) along Lakeshore Road West whereas By-law 0225-2007, as amended, permits a maximum canopy projection of 0.00m in this instance; 4. A projection for architectural elements of 0.31m (approx. 1.02ft) along Lakeshore Road West whereas By-law 0225-2007, as amended, permits a maximum projection of 0.00m in this instance; 5. 68% of the length of the streetwall may be set back beyond the maximum yard required from Mississauga Road South whereas By-law 0225-2007, as amended, permits a maximum of 30% of the streetwall to be set back beyond the maximum yard in this instance; 6. The individual unit with a first storey streetwall facing both a Lakeshore Road West and internal road shall provide a pedestrian access through a main front entrance facing either the Lakeshore Road West Frontage or internal road whereas By-law 0225-2007, as amended, requires each individual unit with a first storey streetwall facing Lakeshore Road West Frontage to provide a pedestrian access through a main front entrance facing the Lakeshore Road West Frontage, in this instance; 7. To allow all contiguous lands zoned RA3-36, RA3-37, and C4-75 and subject to future land division to be considered one lot for the purposes of below grade parking setbacks whereas By-law 0225-2007, as amended, does not permit lands zoned RA3-36, RA3-37, and C4-75 to be treated as one lot in this instance; and 8. A setback from Lakeshore Road West measured to the parking structure below grade of 3.0m (approx. 9.8ft) whereas By-law 0225-2007, as amended, requires a minimum setback of 4.0m (approx. 13.1ft) on Lakeshore Road West in this instance.

If you wish to be notified of the decision of the Committee you must submit a written request to the Secretary-Treasurer via email or mail. This will also entitle you to be advised of appeal to the Local Planning Appeal Tribunal.

Advance registration is required to participate in the electronic hearing: To participate electronically (computer, tablet or smartphone): Please email [email protected] no later than 4:30pm the Tuesday prior to the hearing. Any materials you wish to show the Committee during your presentation must be provided as an attachment to the email. Links to cloud services will not be accepted. To participate by telephone: To register, please call 905-615-3200 x5209 no later than 4:30pm the Tuesday prior to the hearing. You must provide your name, phone number, and application you wish to speak to. Committee staff will provide you with further details prior to the start of the hearing.

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-02 File(s): A306/20 Ward: 1 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City does not object to the requested variances. The applicant may choose to defer the application to verify the accuracy of the requested variances.

Application Details

The applicant requests the Committee to approve a minor variance to allow the construction of a mixed use development on the subject property proposing: 1. Amenity space provided at a rate of 4.0sq.m (approx. 43.1sq.ft) per unit whereas By-law 0225-2007, as amended, requires amenity space to be provided a minimum rate of 5.6sq.m (approx. 60.3sq.ft) per unit in this instance; 2. A setback from the streetline of an internal road to the east of 3.3m (approx. 10.8ft) whereas By-law 0225-2007, as amended, requires a minimum setback of 4.0m (approx. 13.1ft) to the internal road in this instance; 3. A canopy projection of 0.6m (approx. 2.0ft) along Lakeshore Road West whereas By-law 0225-2007, as amended, permits a maximum canopy projection of 0.00m in this instance; 4. A projection for architectural elements of 0.31m (approx. 1.02ft) along Lakeshore Road West whereas By-law 0225-2007, as amended, permits a maximum projection of 0.00m in this instance; 5. 68% of the length of the streetwall may be set back beyond the maximum yard required from Mississauga Road South whereas By-law 0225-2007, as amended, permits a maximum of 30% of the streetwall to be set back beyond the maximum yard in this instance; 6. The individual unit with a first storey streetwall facing both a Lakeshore Road West and internal road shall provide a pedestrian access through a main front entrance facing either the Lakeshore Road West Frontage or internal road whereas By-law 0225-2007, as amended, requires each individual unit with a first storey streetwall facing Lakeshore Road West Frontage to provide a pedestrian access through a main front entrance facing the Lakeshore Road West Frontage, in this instance; 7. To allow all contiguous lands zoned RA3-36, RA3-37, and C4-75 and subject to future land division to be considered one lot for the purposes of below grade parking setbacks whereas By-law 0225-2007, as amended, does not permit lands zoned RA3-36, RA3-37, and C4-75 to be treated as one lot in this instance; and City Department and Agency Comments File:A306/20 2020/10/02 2

8. A setback from Lakeshore Road West measured to the parking structure below grade of 3.0m (approx. 9.8ft) whereas By-law 0225-2007, as amended, requires a minimum setback of 4.0m (approx. 13.1ft) on Lakeshore Road West in this instance.

Background

Property Address: 70 Mississauga Road South & 181 Lakeshore Road West

Mississauga Official Plan

Character Area: Port Credit Neighbourhood (West) Designation: Greenlands, Residential Medium Density, Residential High Density, Mixed Use, Public Open Space

Zoning By-law 0225-2007

Zoning: G1, D, RA3-36, RA3-37, RA4-50, RA4-51, RM4-76, RM9-1, RM10-2, RM10-3, H- RA5-51, H-RA5-52, OS1, OS2-13, OS2-14, C4-74, C4-75 (Greenlands, Development, Residential, Open Space, Commercial)

Other Applications

Site Plan Application: 19-155, 19-138

Site and Area Context

The subject property is located within the Port Credit Neighbourhood Character Area, in the south west quadrant of Mississauga Road South and Lakeshore Road West. The immediate area consists of a range of residential, commercial, and recreational uses. The subject property is currently vacant. The subject property received approval from a Local Planning Appeal Tribunal (LPAT) settlement agreement between the applicant and the City which approved the Official Plan and Zoning By-law Amendments permitting a variety of uses including townhouses, mid and high-rise condominiums, retail, parkland and institutional.

Through further review of the site plan application, additional variances were identified that were not captured in the LPAT settlement agreement.

City Department and Agency Comments File:A306/20 2020/10/02 3

Comments

Planning

Staff comments concerning the application are as follows:

The proposed site plan (based on the LPAT settlement agreement) is currently in the Site Plan approval process. The plans reviewed and approved by City staff and LPAT as part of the settlement agreement are the bases of the minor variance application. As a result of a more thorough review of the plans identified additional variances. Variances #1-6 are design related variances due to the amenity space, entrance location into the building abutting Lakeshore Road West as well as canopy projections and architectural features. Variances #7 and 8 relate to the below grade parking structure. The variances ultimately allow the below grade parking area to be considered as one lot due to the various City Department and Agency Comments File:A306/20 2020/10/02 4

zones which require different setbacks. Furthermore, through discussions with staff, the setback of the below grade parking structure along Lakeshore Road West will not negatively impact the proposed landscaping on Lakeshore Road West. The proposed variances do not significantly alter the plans that were reviewed and accepted by City staff which and approved by LPAT. The proposed variances do not add any additional massing to the building that would negatively impact the streetscape character. The proposed variances do not undermine the plans that were reviewed by staff. As such, staff is of the opinion that the proposed variances meet the requirements of Section 45(1) of the Planning Act. Conclusion

The Planning and Building Department has no objections to the requested variances. The applicant may choose to defer the application to verify the accuracy of the requested variances.

Comments Prepared by: Lucas Petricca, Committee of Adjustment Planner

City Department and Agency Comments File:A306/20 2020/10/02 5

Appendices

Appendix 1 – Transportation and Works Comments

We are noting that any Transportation and Works Department concerns/requirements for the proposed development are being addressed through numerous Site Plan Applications (SP19/138, SP-19/155 and 20/048). We also note that the City is processing a Plan of Subdivision Application T-17004 for this development.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 3 – Parks, Forestry & Environment

The Park Planning Section of the Community Services Department has no objections to the minor variance application and advises as follows:

In addition, Community Services notes the following:

 Comments and conditions are being addressed through the active Site Plan Application (SP 19-155).

Should further information be required, please contact Jim Greenfield, Park Planner, Community Services Department at 905-615-3200 ext. 8538 or via email [email protected]

Comments Prepared by: Jim Greenfield, Park Planner

Appendix 5 – Region of Peel Comments

Regional Planning staff have reviewed the applications listed on the October 8th, 2020 Committee of Adjustment Agenda. We have no comments or objections to the following applications:

Minor Variance Applications: A-275/20, A-304/20, A-305/20, A-306/20, A-308/20, A-311/20, A-313/20, A-314/20, A-343/20

Comments Prepared by: Diana Guida, Junior Planner

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 307/20 Ward 1

Why you received this letter:

Details of the application and meeting information:

The property owner of 1314 Cawthra Road, zoned R3-1 - Residential, has applied for a minor variance under Section 45 of the Planning Act. The applicant requests the Committee to approve a minor variance to allow the construction of a new house on the subject property proposing a combined width of side yards of 2.40m (approx. 7.87ft) whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 3.80m (approx. 12.47ft) in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: Enter/choose date. File(s): A307/20 Ward: 1 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City recommends that the Committee have regard for all comments and evidence provided by the applicant and area residents when assessing if the application meets the requirements of Section 45 (1) of the Planning Act. The applicant may choose to defer the application to verify the accuracy of the requested variances.

Application Details

The applicant requests the Committee to approve a minor variance to allow the construction of a new house on the subject property proposing a combined width of side yards of 2.40m (approx. 7.87ft) whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 3.80m (approx. 12.47ft) in this instance.

Amendments

"[Enter amendments to variances]"

Recommended Conditions and Terms

"[Enter terms and conditions here]"

Background

Property Address: 1314 Cawthra Road

Mississauga Official Plan

Character Area: Mineola Neighbourhood City Department and Agency Comments File:A307/20 Enter date. 2

Designation: Residential Low Density II

Zoning By-law 0225-2007

Zoning: R3-1 (Residential)

Other Applications

Site Plan Application: 20-64 Building Permit: 20-1862

Site and Area Context

The subject property is located within the Mineola Neighbourhood Character Area, north of Atwater Avenue and Cawthra Road. The neighbourhood mostly consists of one and two storey detached dwellings with mature vegetation. The east side of Cawthra Road, across the subject property is Cawthra Park Secondary School. The subject property contains an older two storey detached dwelling with mature vegetation in the front and side yard.

The subject property recently received Committee of Adjustment approval on February 20th, 2020 for variances related to height, garage projection and gross floor area. The subject application proposes an amendment to the combined side yard width.

City Department and Agency Comments File:A307/20 Enter date. 3

Comments

Planning

Staff comments concerning the application are as follows:

The combined side yard width is measured to the first story and provides a combined side yard width of 2.40 m whereas 3.80 m is required. The proposed dwelling maintains the individual side yard requirements while the second story of the dwelling is recessed back from first storey along the side facades of the dwelling, maintaining a greater side yard setback than what is proposed. As such, staff is of the opinion that the application raises no concerns of a planning nature and is appropriate to be handled through the minor variance process.

Conclusion

City Department and Agency Comments File:A307/20 Enter date. 4

The Planning and Building Department recommends that the Committee have regard for all comments and evidence provided by the applicant and area residents when assessing if the application meets the requirements of Section 45 (1) of the Planning Act. The applicant may choose to defer the application to verify the accuracy of the requested variances.

Comments Prepared by: Lucas Petricca, Committee of Adjustment Planner

City Department and Agency Comments File:A307/20 Enter date. 5

Appendices

Appendix 1 – Transportation and Works Comments

We are noting that any Transportation and Works Department concerns/requirements for the proposed dwelling will be addressed through the Site Plan Application process (SPI-20/064).

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Planning and Building Department is currently processing a site plan approval application under file 20/64 and a Building Permit application under file 20-1862. Based on review of the information currently available for this application, the variances, as requested are correct.

Comments Prepared by: Brian Bonner, Zoning Examiner

Appendix 3 – Parks, Forestry & Environment

"[Enter Community Services staff comments]"

Comments Prepared by: Click here to insert name, title...

Appendix 4 – Heritage

"[Enter Community Services staff comments]"

Comments Prepared by: Click here to insert name, title...

Appendix 5 – Region of Peel Comments

Development Engineering: Camila Marczuk (905) 791-7800 x8230

Comments Prepared by: Diana Guida, Junior Planner

City Department and Agency Comments File:A307/20 Enter date. 6

Appendix 6- Conservation Authority Comments

"[Entert CA comments]"

Comments Prepared by: Click here to insert name, title...

Appendix 7 – "[Enter other agency name"

"[Enter other agency comments"

Comments Prepared by: Click here to insert name, title...

City Department and Agency Comments File:A307/20 Enter date. 7

Schedule 1 Conditions  None

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 308/20 Ward 5

Why you received this letter:

Details of the application and meeting information:

The property owner of 5280 Solar Drive, zoned E1 - Employment, has applied for a minor variance under Section 45 of the Planning Act. The applicant requests the Committee to approve a minor variance to allow the operation of a commercial school on the subject property proposing 240 parking spaces whereas By-law 0225- 2007, as amended, requires a minimum of 252 parking spaces in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-06 File(s): A308/20 Ward: 5 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City has no objection to the variance, as requested. The Applicant may wish to defer the application to ensure that all required variances have been accurately identified. Application Details

The Applicant requests the Committee to approve a minor variance to allow the operation of a commercial school on the subject property proposing 240 parking spaces; whereas, By-law 0225-2007, as amended, requires a minimum of 252 parking spaces, in this instance.

Background

Property Address: 5280 Solar Drive

Mississauga Official Plan

Character Area: Airport Corporate Centre Designation: Business Employment

Zoning By-law 0225-2007

Zoning: E1 (Employment)

Other Applications:

None

Site and Area Context

City Department and Agency Comments File:A308/20 2020/10/06 2

The subject property is located north-west of the Matheson Boulevard East and Satellite Drive intersection and currently houses a multi-floor office structure. The immediate neighbourhood is exclusively office-industrial in nature, being comprised entirely of various employment-type uses. The properties along this portion of Solar Drive are situated upon large parcels, with lot frontages ranging from +/- 40m to +/- 250m.

Comments

Planning

Staff comments concerning the application of the four tests to this minor variance request are as follows:

Does the proposal maintain the general intent and purpose of the Official Plan?

The site is located within the Airport Corporate Centre Character Area, and is designated Business Employment by the Mississauga Official Plan (MOP). Pursuant to Section 11.2.11(h) (Business Employment), this designation permits commercial school uses. The Applicant’s proposal meets the purpose and general intent of the Official Plan.

Does the proposal maintain the general intent and purpose of the Zoning By-law?

City Department and Agency Comments File:A308/20 2020/10/06 3

As per Zoning By-law 0225-2007, the subject property is zoned E1 (Employment). In accordance with Table 3.1.2.2 (Required Number of Parking Spaces for Non-Residential Uses), this zone regulates the required parking rates for various uses on this site. The intent in quantifying this amount is to ensure that each structure is self-sufficient in providing adequate parking accommodations based upon its intended use. As per the Letter of Justification (CSpace Architecture, Aug/2020) submitted by the Applicant, and reviewed to the satisfaction of City Planning Strategies Staff, the proposed parking rates are suitable in meeting the peak parking demands of the subject property for all uses. The variance, as requested, maintains the purpose and general intent of the Zoning By-law.

Is the proposal desirable for the appropriate development of the subject lands and minor in nature?

The subject property is well serviced by the public transit system and, as per the aforementioned Letter of Justification, has ample room to accommodate required parking based upon the intend uses. The structure remains self-sufficient, with the majority of parking handled on-site, and with the requested variances serving to pose no significant negative impact to the surrounding neighbourhood, as a whole. The variance, as requested, results in both the orderly development of the lands, and whose impacts are minor in nature.

Conclusion

Based upon the preceding information, it is the opinion of Staff that the variance, as requested, meets the general intent and purpose of both the MOP and Zoning By-law; is minor in nature; and, is desirable for the orderly development of the lands. To this end, the Planning and Building Department has no objection to the variance, as requested. The Applicant may wish to defer the application to ensure that all required variances have been accurately identified.

Comments Prepared by: Roberto Vertolli, Committee of Adjustment Planner

City Department and Agency Comments File:A308/20 2020/10/06 4

Appendices

Appendix 1 – Transportation and Works Comments

This Department has no objections, comments or requirements with respect to C.A. ‘A’ 308/20.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

This Department notes that an Occupancy Permit application is required for the ground floor (previous approval was for the second and third floor only). In the absence of an Occupancy Permit application, this Department is unable to confirm the accuracy of the information provided, or determine whether additional variance(s) may be required. It should be noted that a full zoning review has not been completed.

Comments Prepared by: Kevin Barry, Zoning Examiner

Appendix 5 – Region of Peel Comments

Regional Planning staff have reviewed the applications listed on the October 8th, 2020 Committee of Adjustment Agenda. We have no comments or objections to the following applications:

Minor Variance Applications: A-275/20, A-304/20, A-305/20, A-306/20, A-308/20, A-311/20, A-313/20, A-314/20, A-343/20

Comments Prepared by: Diana Guida, Junior Planner

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 309/20 Ward 2

Why you received this letter:

Details of the application and meeting information:

The property owner of 1138 Garden Road, zoned R2-4 - Residential, has applied for a minor variance under Section 45 of the Planning Act. The applicant requests the Committee to approve a minor variance to allow the construction of an addition on the subject property proposing: 1. A height measured to the underside of the eaves of 7.30m (approx. 23.95ft) whereas By-law 0225-2007, as amended, permits a maximum height measured to the underside of the eaves of 6.40m (approx. 21.00ft) in this instance; 2. A dwelling unit depth of 21.09m (approx. 69.19ft) whereas By-law 0225-2007, as amended, permits a maxumum dwelling unit depth of 20.00m (approx. 65.62ft) in this instance; and 3. A setback from the railway right-of-way of 6.96m (approx. 22.83ft) whereas By-law 0225-2007, as amended, requires a minimum setback from the railway right-of-way of 20.00m (approx. 65.62ft) in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-02 File(s): A309/20 Ward: 2 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City does not object to the requested variances. However, the applicant may choose to defer the application to verify the accuracy of the variances and ensure additional variances are not required.

Application Details

The applicant requests the Committee to approve a minor variance to allow the construction of an addition on the subject property proposing:

1. A height measured to the underside of the eaves of 7.30m (approx. 23.95ft) whereas By- law 0225-2007, as amended, permits a maximum height measured to the underside of the eaves of 6.40m (approx. 21.00ft) in this instance; 2. A dwelling unit depth of 21.09m (approx. 69.19ft) whereas By-law 0225-2007, as amended, permits a maxumum dwelling unit depth of 20.00m (approx. 65.62ft) in this instance; and 3. A setback from the railway right-of-way of 6.96m (approx. 22.83ft) whereas By-law 0225- 2007, as amended, requires a minimum setback from the railway right-of-way of 20.00m (approx. 65.62ft) in this instance.

Background

Property Address: 1138 Garden Road

Mississauga Official Plan

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

Zoning By-law 0225-2007 City Department and Agency Comments File:A309/20 2020/10/02 2

Zoning: R2-4 (Residential)

Other Applications

Building Permit: 20-1695

Site and Area Context

The subject property is located within the Clarkson-Lorne Park Neighbourhood Character Area, northwest of Lorne Park Road and Lakeshore Road West. The immediate area is entirely residential, consisting of one and two storey detached dwellings with significant mature vegetation. The subject property is a corner lot, lined with mature vegetation along the interior side lot lines. Abutting the subject property to the south is the railway corridor.

The subject property previously received minor variance approval for a setback to the railway corridor and an increased eave height of 7.30 m under minor variance application ‘A’ 101/16. Due to an addition being proposed to the site plan which previously received approval, variances are required to accommodate the changes. As such, the subject application requests variances related to dwelling depth, height and railway setback.

Comments

Planning

City Department and Agency Comments File:A309/20 2020/10/02 3

Staff comments concerning the application are as follows:

The subject property received minor variance approval in 2016 for an eave height of 7.30 m whereas a maximum of 6.40 m is permitted and a setback to a railway of 6.96 m whereas a minimum of 30 m is required. Planning staff previously supported the requested variances that were approved by the Committee. As there are no changes to variances #1 and 3, previous comments remain applicable which can be found in Appendix 7 of this report.

Regarding the proposed dwelling depth, the first storey contains a dwelling depth of 21.09 m which is located on the southerly side of the dwelling abutting the railway corridor. The northerly side of the dwelling which abuts a residential lot, maintains the maximum permitted dwelling depth allowed under the by-law. Furthermore, the dwelling depth is only due to the first storey, the second storey of the dwelling maintains the maximum permitted dwelling depth of 20 m. As such, staff is of the opinion that the application raises no concerns of a planning nature and is appropriate to be handled through the minor variance process.

Conclusion

The Planning and Building Department has no objections to the requested variances. However, the applicant may choose to defer the application to verify the accuracy of the variances and ensure additional variances are not required.

Comments Prepared by: Lucas Petricca, Committee of Adjustment Planner

City Department and Agency Comments File:A309/20 2020/10/02 4

Appendices

Appendix 1 – Transportation and Works Comments

We are noting for Committee’s information that any Transportation and Works Department concerns/requirements for the proposed addition will be addressed through the Building Permit process, BP 9ALT-20/1695.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Planning and Building Department is currently processing a building permit application under file 20-1695. Based on review of the information currently available for this building permit, we advise that more information is required to verify the accuracy of the requested variances or determine whether additional variances will be required.

Comments Prepared by: Brian Bonner, Zoning Examiner

Appendix 5 – Region of Peel Comments

Development Engineering: Camila Marczuk (905) 791-7800 x8230

There is a Regional easement on the subject property. Please be advised that unauthorized encroachments on Regional easements will not be permitted. Certain restrictions apply with respect to Regional easements as per the documents registered on title.

Development Planning: Diana Guida (905) 791-7800 x8243

Please be advised that a portion of the subject property is located within the limits of the regulated area of the Credit Valley Conservation (CVC).

The Region relies on the environmental expertise of the CVC for the review of development applications located within or adjacent to this regulated area in Peel and their potential impacts on the natural environment. Regional Planning staff therefore, request that the Committee and city staff consider comments from the CVC and incorporate their conditions of approval appropriately.

Comments Prepared by: Diana Guida, Junior Planner

City of Mississauga Memorandium: City Department and Agency Comments

Appendix 7 – Planning and Building Department Comments – March 4th 2016

City of Mississauga

Planning and Building Department

Date: March 4th, 2016

File: C of A – 'A' 101/16 (Ward 2 – 1138 Garden Road)

Agenda: March 10th, 2016

New Item

Recommendation

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

Background

Mississauga Official Plan

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

Zoning By-law 0225-2007

Zoning: R2-4 (Residential)

Other Applications:

Pre-Zoning Review Application File: 14-4154

Comments

Zoning

City Department and Agency Comments File:A309/20 2020/10/02 6

The Planning and Building Department is currently processing a Pre-Zoning Review application. Based on the information provided with the Pre-Zoning Review application, the variance, as requested, is correct. However, in addition we advise that the following additional variance is required:

2. a height of 7.30 m (23.95 ft.) to the underside of the eaves; whereas bylaw 0225-2007, as amended, permits a maximum of 6.40 m (21.00 ft.) to the underside of the eaves.

Planning

The proposed dwelling is located on a lot that is entirely within the railway right-of-way setback and would be undevelopable if the setback was to be maintained. This area has a number of historic lots that have insufficient railway right-of-way setbacks, on both sides of the tracks, which have dwellings constructed on them. The proposed dwelling will replace the previously existing dwelling. In our opinion, the proposed variance is minor in nature given that there is no increase in the number of dwellings within the right-of-way and that the area has numerous other dwellings in similar unavoidable circumstances.

Variance #2 for the height to the underside of the eaves should not create significant additional massing impacts on the neighbouring property; the overall height of the dwelling complies with the Zoning By-law requirements and the lot is heavily treed and screened from neighbours. Although a number of trees will be removed through the construction process there will be mature trees retained along the lot line to help minimize the visual impacts of the proposed dwelling form the property to the north.

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

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 311/20 Ward 1

Why you received this letter:

Details of the application and meeting information:

The property owner of 139-141 High Street West, zoned C4-59 – Commercial & C4-66 - Commercial, has applied for a minor variance under Section 45 of the Planning Act. The applicant requests the Committee to approve a minor variance to allow for the temporary commercial use of a residential property as sales reception and a model home whereas By-law 0225-2007, as amended, does not permit such a use in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-02 File(s): A311/20 Ward: 1 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

Application Details

The applicant requests the Committee to approve a minor variance to allow for the temporary commercial use of a residential property as sales reception and a model home whereas By-law 0225-2007, as amended, does not permit such a use in this instance.

Background

Property Address: 139 – 141 High Street

Mississauga Official Plan

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

Zoning By-law 0225-2007

Zoning: C4-59 & C4-66 (Commercial)

Other Applications

Condominium Application: 19-10

City Department and Agency Comments File:A311/20 2020/10/02 2

Site and Area Context

The subject property is located within the Port Credit Neighbourhood Character Area, west of Lakeshore Road West and Mississauga Road North. The subject property underwent an Official Plan and Zoning Amendment and Site Plan application to permit 139 apartment and 170 rental retirement units, retail uses and 16 townhouses that have been approved. The surrounding area contains a mix of detached and semi-detached dwellings north of High Street West and commercial uses abutting the subject property to the west and east.

The application proposes a temporary model home and sales office whereas the uses are not permitted.

Comments

Planning

Staff comments concerning the application are as follows: The zoning by-law allows for model homes and temporary sales for detached, semi-detached and street townhouse dwellings. In this instance, the rezoning application for the subject site was to permit townhouses rather than street townhouses which are both defined terms. The site has received has received planning approval for the proposed development as well as an executed development agreement and is currently under construction. As such, the proposed City Department and Agency Comments File:A311/20 2020/10/02 3

use of a model home and sales office does not undermine the intent of the zoning by-law. Staff is of the opinion that the application is appropriate to be handled through the minor variance process and does not raise any concerns of a planning nature.

Conclusion

Comments Prepared by: Lucas Petricca, Committee of Adjustment Planner

City Department and Agency Comments File:A311/20 2020/10/02 4

Appendices

Appendix 1 – Transportation and Works Comments

This Department has reviewed the proposal for a sales reception area and model home. Our Traffic Section has some concerns and request that the applicant provide a concept plan for the parking area. In addition, we would like to understand what the expected operations of the sales reception and the model home will be (ie: grand opening, operating hours, open house by appointment only etc.)

In view of the above, we ask that this application be deferred until such time that the applicant provide this information in order for our Traffic Section to properly evaluate the request.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Planning and Building Department is not in receipt of any permit applications at this time and the applicant is advised that a zoning review has not been completed. We are unable to confirm the accuracy of the requested variance or determine whether additional variances may be required.

Comments Prepared by: Brian Bonner, Zoning Examiner

Appendix 5 – Region of Peel Comments

Regional Planning staff have reviewed the applications listed on the October 8th, 2020 Committee of Adjustment Agenda. We have no comments or objections to the following applications:

Minor Variance Applications: A-275/20, A-304/20, A-305/20, A-306/20, A-308/20, A-311/20, A-313/20, A-314/20, A-343/20

Comments Prepared by: Diana Guida, Junior Planner

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 313/20 Ward 2

Why you received this letter:

Details of the application and meeting information:

The property owners of 1060 Walden Circle Unit 46, zoned RM4 - Residential, have applied for a minor variance under Section 45 of the Planning Act. The applicants request the Committee to approve a minor variance to allow the construction of a balcony on the subject property proposing a balcony projection of 2.98m (approx. 9.78ft) whereas By-law 0225-2007, as amended, permits a maximum balcony projection of 1.00m (approx. 3.28ft) in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-02 File(s): A313/20 Ward: 2 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

Application Details

The applicants request the Committee to approve a minor variance to allow the construction of a balcony on the subject property proposing a balcony projection of 2.98m (approx. 9.78ft) whereas By-law 0225-2007, as amended, permits a maximum balcony projection of 1.00m (approx. 3.28ft) in this instance.

Background

Property Address: 1060 Walden Circle – Unit 46

Mississauga Official Plan

Character Area: Clarkson Village Community Node Designation: Residential Medium Density

Zoning By-law 0225-2007

Zoning: RM4 (Residential)

Other Applications

Building Permit: 19-5469

City Department and Agency Comments File:A313/20 2020/10/02 2

Site and Area Context

The subject property is located within the Clarkson Village Community Node Character Area, northwest of Clarkson Road North and Lakeshore Road West. The subject site is located within a townhouse complex which also contains high-rise apartment buildings. The area is comprised of mature vegetation and includes Sheridan Creek Trail which is a Significant Natural Area. The application proposes a balcony in the rear yard requiring a variance for balcony projection.

Comments

Planning

Staff comments concerning the application are as follows:

City Department and Agency Comments File:A313/20 2020/10/02 3

Through a detailed review of the application, staff is of the opinion that the application is appropriate to be handled through the minor variance process. Further, the application raises no concerns of a planning nature.

Conclusion

Comments Prepared by: Lucas Petricca, Committee of Adjustment Planner

City Department and Agency Comments File:A313/20 2020/10/02 4

Appendices

Appendix 1 – Transportation and Works Comments

This Department has no objections, comments or requirements with respect to C.A. ‘A’ 313/20.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Planning and Building Department is currently processing a building permit application under file 19-5469. Based on review of the information currently available for this building permit, we advise that more information is required to verify the accuracy of the requested variance or determine whether additional variances will be required.

Comments Prepared by: Marco Palerma, Zoning Examiner

Appendix 5 – Region of Peel Comments

Regional Planning staff have reviewed the applications listed on the October 8th, 2020 Committee of Adjustment Agenda. We have no comments or objections to the following applications:

Minor Variance Applications: A-275/20, A-304/20, A-305/20, A-306/20, A-308/20, A-311/20, A-313/20, A-314/20, A-343/20

Comments Prepared by: Diana Guida, Junior Planner

Appendix 7 – Trans-Northern Pipelines Inc

For the proposed development on the property described as 1394 Lorne Park Road, Trans- Northern has no concerns with the proposed development of a new home on the parcel. City Department and Agency Comments File:A313/20 2020/10/02 5

However TNPI would like to remind the developer and/or landowner that, since the construction will be within 30 m of the pipeline and within the Prescribed Area (30m), Ontario One Call will need to be contacted to arrange for a locate. Further to the above, TNPI would request a preliminary plan to ensure the location of the home on the property is placed on the parcel on the reverse side of the pipeline easement. If the activities are within the right-of-way (not discovered in this review) a TNPI permit will be required which can be requested by following the steps described near the end of this response.

Please note that, Trans-Northern is regulated by the Canada Energy Regulator. Section 335 (1) and (2) of the Canadian Energy Regulator Act, provides that:

o (a) that operation is authorized or required by orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them; or

Comments Prepared by: Michelle Gruszecki, Property & Right of Way Administrator

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 314/20 Ward 10

Why you received this letter:

Details of the application and meeting information:

The property owners of 5894 Long Valley Road, zoned R7-1 - Residential, have applied for a minor variance under Section 45 of the Planning Act. The applicants request the Committee to approve a minor variance to allow a side stairwell on the subject property proposing a setback of 1.078m (approx. 3.54ft) on one side and 0.86m (approx. 2.82ft) on the other side whereas By-law 0225-2007, as amended, requires a minimum setback of 1.20m (approx. 3.93ft) in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-06 File(s): A314/20 Ward: 10 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City recommends that the Committee have regard for all comments and evidence provided by the Applicant and area residents when assessing if the application meets the requirements of Section 45(1) of the Planning Act. The Applicant may wish to defer the application to ensure that all required variances have been accurately identified.

Application Details

The Applicants request the Committee to approve a minor variance to allow a side stairwell on the subject property proposing a setback of 1.078m (approx. 3.54ft) on one side and 0.86m (approx. 2.82ft) on the other side; whereas, By-law 0225-2007, as amended, requires a minimum setback of 1.20m (approx. 3.93ft), in this instance.

Background

Property Address: 5894 Long Valley Road

Mississauga Official Plan

Character Area: Churchill Meadows Neighbourhood Designation: Residential Low Density II

Zoning By-law 0225-2007

Zoning: R7-1 (Residential)

Other Applications: None City Department and Agency Comments File:A314/20 2020/10/06 2

Site and Area Context

The subject property is located south-west of the Britannia Road West and Winston Churchill Boulevard intersection, and currently houses a two-storey detached dwelling with an attached double-car garage. The immediate neighbourhood is comprised primarily of detached dwellings; however, semi-detached and townhome units are also present. The structures within the immediate area share a 1990’s architectural style, with the inclusion of newer construction, or replacement dwellings, being visibly absent. The properties within the immediate area possess lot frontages of +/-14.7m, with moderate vegetative / natural landscaped elements within the front yards.

The subject property is an interior parcel, with a lot area of +/- 365.0m2 and a frontage of +/- 13.9m.

Comments

Planning

Section 45 of the Planning Act provides the Committee of Adjustment with the authority to grant relief from the requirements of a municipal zoning by-law. In evaluating such requests, the Committee must be satisfied that the proposal meets the requirements set out under 45(1) and/or 45(2) (a) or (b) in the Planning Act.

Staff comments concerning the application of the four tests to this minor variance request are as follows:

City Department and Agency Comments File:A314/20 2020/10/06 3

Planning Staff would echo the Zoning Department’s concern regarding the absence of any formal permit applications at this time and would reiterate that a comprehensive zoning review has yet to be completed in this regard.

While Planning Staff are not in a position to provide an interpretation of the Zoning By-law; Staff would note, the R7-1 Zone permits an interior side yard setback of 1.2m on one side of the lot, and 0.61m on the other side. Based upon the submitted drawings provided in support of this Minor Variance Application (Site Plan A-01, n.d.), due to pie-shaped nature of the lot, it would appear that both of the requested setbacks identified by this application (1.078m and 0.86m) occur on the same side, and are both measured to the proposed below grade entrance.

As is the case with the majority of below-grade entrances, Planning Staff note the absence of any true massing resulting from the proposal. Further, while the 0.86m setback is inherently limiting; such relief occurs at a pinch point within the interior side yard, with the remainder of the residential structure suitably setback and access to the rear yard remianing adequate.

Through a detailed review, Staff is of the opinion that the application is appropriate to be handled through the minor variance process. Further, the application raises no concerns of a planning nature.

Conclusion

The Planning and Building Department recommends that the Committee have regard for all comments and evidence provided by the applicant and area residents when assessing if the application meets the requirements of Section 45(1) of the Planning Act. The Applicant may wish to defer the application to ensure that all required variances have been accurately identified.

Comments Prepared by: Roberto Vertolli, Committee of Adjustment Planner City Department and Agency Comments File:A314/20 2020/10/06 4

Appendices

Appendix 1 – Transportation and Works Comments

Should Committee see merit in the applicant’s request we would recommend that the existing drainage pattern in the area of the proposed side stairwell be maintained. We note that the stairwell is being proposed in an area of the property where there will still be an adequate area to maintain a drainage swale and not alter the existing drainage pattern.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Building Department is not in receipt of any permit applications at this time. In the absence of any permit application, this Department is unable to confirm the accuracy of the information provided, or determine whether additional variance(s) may be required. It should be noted that a full zoning review has not been completed.

Comments Prepared by: Brian Bonner, Zoning Examiner

Appendix 5 – Region of Peel Comments

Regional Planning staff have reviewed the applications listed on the October 8th, 2020 Committee of Adjustment Agenda. We have no comments or objections to the following applications:

Minor Variance Applications: A-275/20, A-304/20, A-305/20, A-306/20, A-308/20, A-311/20, A-313/20, A-314/20, A-343/20

Comments Prepared by: Diana Guida, Junior Planner

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 343/20 Ward 4

Why you received this letter:

Details of the application and meeting information:

The property owner of 100 City Centre Drive, zoned H-CC1, CC1, H-CCOS-1, CC1-2 & H-CC1-3 – City Centre, has applied for a minor variance under Section 45 of the Planning Act. The applicant requests the Committee to approve a minor variance to allow an entertainment establishment proposing: 1. An entertainment establishment not within a building or structure whereas By-law 0225-2007, as amended, requires an entertainment establishment to be within a building or structure in this instance; and 2. Non-compliance with the required build-to areas whereas By-law 0050-2013, as amended, requires build-to areas of 0-7.6m in this instance.

Advance registration is required to participate in the electronic hearing:

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-06 File(s): A343/20 Ward: 4 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City recommends that the Committee have regard for all comments and evidence provided by the Applicant and area residents when assessing if the application, as requested, meets the requirements of Section 45(2) of the Planning Act. Should Committee see merit in the Application, Planning Staff would recommend the condition(s) below be imposed. The Applicant may wish to defer the application to ensure that all required variances have been accurately identified. Application Details

The Applicant requests the Committee to approve a minor variance to allow an entertainment establishment, proposing:

1. An entertainment establishment not within a building or structure; whereas, By-law 0225- 2007, as amended, requires an entertainment establishment to be within a building or structure in this instance; and, 2. Non-compliance with the required build-to areas; whereas, By-law 0050-2013, as amended, requires build-to areas of 0 - 7.6m, in this instance.

Recommended Conditions and Terms

Should Committee see merit in this Application, Planning Staff would recommend the following condition be imposed:

 A temporary approval period up to Dec 31, 2021;  The outdoor drive-in event space will be located within the Parking Area of the block on which it is located, and not encroach into the landscaping along the Duke of York Boulevard frontage; and,  No parking spaces will be required for the outdoor drive-in event space use, but any parking space within the drive-in event space cannot be required parking City Department and Agency Comments File:A343/20 2020/10/06 2

space and Oxford must maintain sufficient parking for all uses within the Downtown Core, according to the requirements of By-law 099-2020;

Background

Property Address: 100 City Centre Drive

Mississauga Official Plan

Character Area: Downtown Core Designation: Mixed Use, Public Open Space

Zoning By-law 0225-2007

Zoning: CC1-2 (City Centre) (H)CC1-3 (City Centre)

Other Applications:

None

Site and Area Context

The subject lands are the Square One Shopping Centre, located north-west of the Burnhamthorpe Road West and Hurontario Street intersection.

The application proposes the temporary conversion of a portion of the existing surface parking area for outdoor drive-in events. The subject area associated with this application is the northwesterly quadrant of the shopping centre which fronts upon Duke of York Boulevard, upon either side of Square One Drive. Notwithstanding the subject lands, the immediate neighbourhood context is comprised primarily of multi-storey, office condominium structures.

City Department and Agency Comments File:A343/20 2020/10/06 3

Comments

Planning

Staff comments concerning this minor variance request are as follows:

The Zoning By-law does not contemplate drive-in theatres / entertainment facilities, in this instance; and further establishes that all permitted uses are to be wholly located within a building or structure.

Both the CC1-2 and CC1-3 (City Centre) zones permit an entertainment establishment, as-of- right. This use is defined as “a building designed and equipped to be used for the provision of entertainment or amusement without the necessity of active participation by the user and may include: a movie theatre, playhouse, dinner theatre, stadium or auditorium”. As the entertainment uses are not wholly located within a building, the above-noted relief is required.

Recognizing that the proposed use both operates in a similar fashion to a traditional entertainment establishment (regarding patronage, hours, etc.), as well as provides a manner of similar entertainment as to what would be expected to occur within any associative building (watching movies / live music, etc.), the proposed use, while not technically permitted, is consistent with the general intent and planned context of the Zoning By-law. City Department and Agency Comments File:A343/20 2020/10/06 4

Planning Staff further note, the proposed location of the identified drive-in areas remain suitably setback from any nearby residential zones; with such distancing mitigating any noise and disruption concerns. No permanent structures have been proposed.

Conclusion

The Planning and Building Department recommends that the Committee have regard for all comments and evidence provided by the applicant and area residents when assessing if the application meets the requirements of Section 45(2) of the Planning Act. Should Committee see merit in the Application, Planning Staff would recommend the identified condition(s) below be imposed. The Applicant may wish to defer the application to ensure that all required variances have been accurately identified.

Comments Prepared by: Roberto Vertolli, Committee of Adjustment Planner City Department and Agency Comments File:A343/20 2020/10/06 5

Appendices

Appendix 1 – Transportation and Works Comments

Based on the information provided in the letter dated September 17, 2020 from Urban Strategies Inc., this department has no objections to the applicant’s request. The variance would permit temporary outdoor drive-in events during 2020 and 2021 on certain Square One parking lots during the COVID-19 pandemic.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

Comments Prepared by: Brian Bonner, Zoning Examiner

Appendix 5 – Region of Peel Comments

Regional Planning staff have reviewed the applications listed on the October 8th, 2020 Committee of Adjustment Agenda. We have no comments or objections to the following applications:

Minor Variance Applications: A-275/20, A-304/20, A-305/20, A-306/20, A-308/20, A-311/20, A-313/20, A-314/20, A-343/20

Comments Prepared by: Diana Guida, Junior Planner

COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING

File: "A" 181/20 Ward 3

Why you received this letter: You are receiving this letter because you are the owner of a neighbouring property within 60m (200ft) of the subject property, or are the agent/interested party/owner of the property for the application.

Details of the application and meeting information: The property owner of 1565 Dundas Street East, zoned G1 – Greenlands, C3-65 – Commercial, and E2-132 – Employment, has applied for a minor variance under Section 45 of the Planning Act. The applicant requests the Committee to approve a minor variance to allow the construction of a new two storey mixed use building proposing:

1. A front yard of 1.80m (approx. 5.91ft) in a C3-65 zone whereas By-law 0225-2007, as amended, requires a minimum front yard of 4.50m (approx. 14.76ft) in this instance; 2. An exterior side yard of 2.00m (approx. 6.56ft) in a C3-65 zone whereas By-law 0225-2007, as amended, requires a minimum exterior side yard of 4.50m (approx. 14.76ft) in this instance; 3. A landscape buffer of 1.80m (approx. 5.91ft) in the front yard and 2.0m (approx. 6.56ft) in the exterior side yard in a C3-65 zone whereas By-law 0225-2007, as amended, requires a minimum landscape buffer of 4.50m (approx. 14.76ft) from a lot line that is a street line in this instance; 4. An interior side yard of 1.20m (approx. 3.94ft) in a C3-65 zone whereas By-law 0225-2007, as amended, requires a minimum interior side yard of 4.50m (approx. 14.76ft) in this instance; 5. Walkways, stairs, and vents along the southern and western property lines to be within a landscape buffer whereas By-law 0225-2007, as amended, does not permit such obstructions and only permits a traverse walkway within a landscape buffer in this instance; 6. A rear yard of 0.00m in a C3-65 zone measured to an E2-132 zone whereas By-law 0225-2007, as amended, requires a minimum rear yard of 4.50m (approx. 14.76ft) measured to an E2-132 zone in this instance; 7. A landscape buffer measured to an E2-132 zone of 0.00m whereas By-law 0225-2007, as amended requires a minimum landscape buffer measured to an E2-132 zone of 3.00m (approx. 9.84ft) in this instance; 8. A front yard measured to a hydro transformer in a E2-132 zone of 4.50m (approx. 14.76ft) whereas By- law 0225-2007, as amended, requires a minimum front yard of 7.50m (approx. 24.61ft) in this instance; 9. A landscape buffer measured to a C3-65 zone of 0.00m whereas By-law 0225-2007, as amended, requires a minimum landscape buffer measured to a C3-65 zone of 1.50m (approx. 4.92ft) in this instance; 10. To permit 28 seats for an accessory restaurant use whereas By-law 0225-2007, as amended, permits a maximum of 6 seats and are accessory to the retail sale of food products in this instance; 11. 55 parking spaces whereas By-law 0225-2007, as amended, requires a minimum of 90 parking spaces in this instance; 12. A drive aisle width of 6.40m (approx. 21.00ft) whereas By-law 0225-2007, as amended, requires a minimum drive aisle width of 7.00m (approx. 22.97ft) in this instance. 13. A front yard measured to a parking lot in a E2-132 zone of 3.00m (approx. 9.84ft) whereas By-law 0225- 2007, as amended, requires a minimum front yard of 7.50m (approx. 24.61ft) in this instance; 14. An interior side yard measured to a parking lot in an E2-132 zone of 0.00m whereas By-law 0225-2007, as amended, requires a minimum side yard of 4.50m (approx. 14.76ft) in this instance; 15. A landscape buffer of 0.00m to a C3-65 zone in an E2-132 zone whereas By-law 0225-2007, as amended, requires a minimum landscape buffer of 3.00m (approx. 9.84ft) in this instance; and 16. To permit that parking requirements of the C3-65 zone to be accommodated on lands within an E2-132 zone whereas By-law 0225-2007, as amended, requires all required parking to be provided within the same zone in this instance.

City of Mississauga Memorandium: City Department and Agency Comments

Date Finalized: 2020-10-06 File(s): A181/20 Ward: 3 To: Committee of Adjustment

From: Committee of Adjustment Coordinator Meeting date: 2020-10-08

Consolidated Recommendation

The City has no objection to the variances, as requested. Should Committee see merit in the Application, Planning Staff would recommend the condition(s) below be imposed. The Applicant may wish to defer the application to ensure that all required variances have been accurately identified. Application Details

The Applicant requests the Committee to approve a minor variance to allow the construction of a new two-storey, mixed-use building, proposing:

1. A front yard of 1.80m (approx. 5.91ft) in a C3-65 zone; whereas, By-law 0225-2007, as amended, requires a minimum front yard of 4.50m (approx. 14.76ft), in this instance; 2. An exterior side yard of 2.00m (approx. 6.56ft) in a C3-65 zone; whereas, By-law 0225- 2007, as amended, requires a minimum exterior side yard of 4.50m (approx. 14.76ft), in this instance; 3. A landscape buffer of 1.80m (approx. 5.91ft) in the front yard and 2.0m (approx. 6.56ft) in the exterior side yard in a C3-65 zone; whereas, By-law 0225-2007, as amended, requires a minimum landscape buffer of 4.50m (approx. 14.76ft) from a lot line that is a street line, in this instance; 4. An interior side yard of 1.20m (approx. 3.94ft) in a C3-65 zone; whereas, By-law 0225- 2007, as amended, requires a minimum interior side yard of 4.50m (approx. 14.76ft), in this instance; 5. Walkways, stairs, and vents along the southern and western property lines to be within a landscape buffer; whereas, By-law 0225-2007, as amended, does not permit such obstructions and only permits a traverse walkway within a landscape, buffer in this instance; 6. A rear yard of 0.00m in a C3-65 zone measured to an E2-132 zone; whereas, By-law 0225-2007, as amended, requires a minimum rear yard of 4.50m (approx. 14.76ft) measured to an E2-132 zone, in this instance; 7. A landscape buffer measured to an E2-132 zone of 0.00m; whereas, By-law 0225-2007, as amended requires a minimum landscape buffer measured to an E2-132 zone of 3.00m (approx. 9.84ft), in this instance; City Department and Agency Comments File:A181/20 2020/10/06 2

8. A front yard measured to a hydro transformer in a E2-132 zone of 4.50m (approx. 14.76ft); whereas, By-law 0225-2007, as amended, requires a minimum front yard of 7.50m (approx. 24.61ft), in this instance; 9. A landscape buffer measured to a C3-65 zone of 0.00m; whereas, By-law 0225-2007, as amended, requires a minimum landscape buffer measured to a C3-65 zone of 1.50m (approx. 4.92ft), in this instance; 10. To permit 28 seats for an accessory restaurant use; whereas, By-law 0225-2007, as amended, permits a maximum of 6 seats and are accessory to the retail sale of food products, in this instance; 11. 55 parking spaces; whereas, By-law 0225-2007, as amended, requires a minimum of 90 parking spaces, in this instance; 12. A drive aisle width of 6.40m (approx. 21.00ft); whereas By-law 0225-2007, as amended, requires a minimum drive aisle width of 7.00m (approx. 22.97ft), in this instance. 13. A front yard measured to a parking lot in a E2-132 zone of 3.00m (approx. 9.84ft); whereas, By-law 0225-2007, as amended, requires a minimum front yard of 7.50m (approx. 24.61ft), in this instance; 14. An interior side yard measured to a parking lot in an E2-132 zone of 0.00m; whereas, By- law 0225-2007, as amended, requires a minimum side yard of 4.50m (approx. 14.76ft), in this instance; 15. A landscape buffer of 0.00m to a C3-65 zone in an E2-132 zone; whereas, By-law 0225- 2007, as amended, requires a minimum landscape buffer of 3.00m (approx. 9.84ft), in this instance; and, 16. To permit that parking requirements of the C3-65 zone to be accommodated on lands within an E2-132 zone; whereas, By-law 0225-2007, as amended, requires all required parking to be provided within the same zone, in this instance.

Recommended Conditions and Terms

Should Committee see merit in this Application, City Planning Strategies Staff would recommend the following condition be imposed:

 A maximum of 28 seats for the restaurant use.

Background

Property Address: 1565 Dundas Street East

Mississauga Official Plan

Character Area: Dixie Dundas Community Node (Dixie Employment Area) Designation: Mixed Use, Business Employment, Greenlands

Zoning By-law 0225-2007 City Department and Agency Comments File:A181/20 2020/10/06 3

Zoning: C3-65 (Commercial) E2-132 (Employment) G1 (Greenlands) Other Applications:

Site Plan: 18-24

Site and Area Context

The subject lands are a narrow, L-shaped exterior property located north-east of the Dixie Road and Dundas Street East intersection. The eastern portion of the site is bounded by the Little Etobicoke Creek, which runs contiguously to the interior lot line.

From a land-use perspective, the immediate neighbourhood along this portion of Dundas Street East is exclusively commercial in nature, with multiple retail shopping areas located in close proximity to the subject site. Planning Staff note, the subject property provides a minor transitional area between the aforementioned commercial lands and the industrial uses located to the north.

Comments

Planning

Section 45 of the Planning Act provides the Committee of Adjustment the authority to grant relief from the requirements stipulated by the municipal Zoning By-law, provided that such City Department and Agency Comments File:A181/20 2020/10/06 4

applications meet the requirements set out under Section 45(1) and/or 45(2) (a) or (b) of the Planning Act.

Staff comments concerning the application of the four tests to this minor variance request are as follows:

Does the proposal maintain the general intent and purpose of the Official Plan?

The site is located within Special Site 1 of the Dixie Employment Character Area, and is designated Mixed Use, Business Employment, and Greenlands by the Mississauga Official Plan (MOP). Special Site 1 outlines additional flood plain regulations for any new development, subject to the approval of the appropriate Conservation Authority. To this end, Planning Staff would highlight the Toronto Region Conservation Authority’s (TRCA) support of this application, found below.

Additionally, pursuant to Section 11.2.6 (k)(l) (Mixed Use), this designation permits both retail and restaurant uses. The Applicant’s proposal of a delicatessen (retail), with an accessory restaurant area, meets the general purpose and intent of the Official Plan.

Does the proposal maintain the general intent and purpose of the Zoning By-law?

Yard Setbacks (1 – 4, 8, 9, 13, and 14)

While the Applicant has proposed several amendments pertaining to various setback reductions; Planning Staff note, the inherent nature of Variances 1 – 4, 8, 9, 13, and 14, are to facilitate a proposal which has been reviewed, and conceptually approved, by both the Urban Design and Development Planning teams, through their review of Site Plan Approval application SP 18-24. Planning Staff note, the required variances are more a result of the unique shape of the property rather than an attempt to purposely, or inappropriately, over-develop the site. To this end, the requested variances represent planned changes, reviewed in consultation with Municipal Staff, that in no way fundamentally change or undermine the underlying zoning regulations.

Planning Staff would note, the more extreme variances represent either: pinch points, where the remainder of the structure remains suitably set back (Variances 1, 4); exterior side yard reductions to a municipal right-of-way, where the combined industrial nature of the surrounding neighbourhood, in conjunction with the ample city boulevard, inherently reduces the resulting negative externalities (Variance 2); or, are of a technical nature for setbacks to parking spaces, which do not represent massing or functional development (Variances 13, 14).

To this end, the Planning and Building Department is of the opinion that Variances 1 – 4, 8, 9, 13, and 14, as requested, are appropriate to be handled through the minor variance process. Further, Variances 1 – 4, 8, 9, 13, and 14, as requested, raise no concerns of a planning nature.

Parking (Variances 10 and 11) City Department and Agency Comments File:A181/20 2020/10/06 5

As per Zoning By-law 0225-2007, the portion of the property in which construction is set to occur is zoned C3-65 (Commercial). In accordance with Table 3.1.2.2 (Required Number of Parking Spaces for Non-Residential Uses), this zone regulates the required parking rates for various uses on a site.

The intent in quantifying this amount is to ensure that each structure is self-sufficient in providing adequate parking accommodations based upon its intended use. As per the Parking Utilization Study submitted by the Applicant(LEA Consulting, April/2020), and reviewed to the satisfaction of City Planning Strategies Staff, the proposed parking rates are suitable in meeting the peak parking demands for all uses on the subject property. Variance 11, as requested, maintains the purpose and general intent of the Zoning By-law.

Pursuant to Sect. 6.1.5.1 (Retail Store - Seating for Food Sales), an accessory restaurant (ancillary to a retail use), which only serves food that is prepared on-site, is permitted, provided that the associative eating area does not exceed six seats. The intent of this portion of the Zoning By-law is to permit a complementary element to the primary retail use, without generating additional parking demands.

Due to the “open” / non-delineated nature of the proposed second-floor eating area, the Zoning Department, in consultation with City Planning Strategies Staff, suggested that the Applicant seek relief from this portion of the Zoning By-law to allow for 28 seats for an accessory restaurant use, whereas 6 seats is typically permitted; noting that this would more accurately depict the parking demands of the site. In the absence of this, the Zoning Department would be required to review the entirety of the second floor as a restaurant, which would significantly (and artificially) inflate any subsequent parking calculation.

Planning Staff note, as part of their review, City Planning Strategies approached the parking allocation, and proposed parking reduction, in a holistic manner; accounting for this increased seating demand when determining if the parking rates across the whole site were suitable. This is reflective in their suggested condition which caps the number of seats to that which was reviewed.

Planning Staff note, a “traditional” restaurant is permitted as-of-right within this zone; with the request for 28 seats for an accessory restaurant being suggested by the Zoning Department purely for technical reasons. The subject property has ample room to accommodate the required parking for all intend uses and remains self-sufficient in this regard. Variance 10, as requested, maintains the purpose and general intent of the Zoning By-law.

Multiple Zones on the Property (Variances 6, 7, and 16)

Pursuant to Section 1.2 (Definitions), a “lot” is viewed as a singular parcel of land, with all applicable zoning standards and regulations either measured to, or contained within, the associative lot lines. City Department and Agency Comments File:A181/20 2020/10/06 6

Additionally, pursuant to Sect. 1.1.4.1 (More Than One Zone), when a lot is divided into more than one zone, each portion of the lot shall comply with the applicable provisions of the zone in which it is situated and any required yards/setbacks/buffers shall be measured to/from this zoning-boundary.

As it relates to the above proposal, the subject lands are comprised of two zones: a C3-65 (Commercial) zone, and an E2-132 (Employment) zone; with the zoning-boundary bisecting the site in half, and, in doing so, creating deficiencies of a technical nature on both portions.

Consequently, the Applicant is requesting relief to permit the parcel to be viewed as a singular lot for the purposes of reviewing the associative internal setback and parking regulations.

Planning Staff note, the proposed development has been designed holistically, such that the combined zoning areas will function entirely as one lot. Further, any future, and possibly inappropriate, development would require further planning review and approval.

Through a detailed review, Staff is of the opinion that Variances 6, 7, and 16, as requested, are appropriate to be handled through the minor variance process. Further, Variances 6, 7, and 16, as requested, raise no concerns of a planning nature.

Landscape Buffer (5 and 15)

The intent of the Zoning By-law in regulating a minimum-sized landscaped buffer area is to ensure that some manner of vegetative / visual distinction is created between individual structures and property lines. Given the proposed overall beatification of the site, as well as the vegetative enhancement proposed by the Applicant, especially in view of the location’s current condition, both Planning Staff and the Urban Design team are of the opinion that Variances 5 and 15, as requested, are appropriate to be handled through the minor variance process. Further, Variances 5 and 15, as requested, raise no concerns of a planning nature.

Drive Aisle (Variance 12)

The intent of the Zoning By-law in regulating minimum drive aisle widths is to maintain the integrity of internal vehicular traffic and circulation. Given the nominal nature of the request, Staff is of the opinion that Variance 12, as requested, is appropriate to be handled through the minor variance process. Further, Variance 12, as requested, raises no concerns of a planning nature.

Is the proposal desirable for the appropriate development of the subject lands and minor in nature?

The subject lands are appropriately sized to accommodate the proposed structure, with the required variances more a result of the unique shape of the site than in purposely trying to circumvent the Zoning By-law. While the Applicant is required to seek relief from multiple City Department and Agency Comments File:A181/20 2020/10/06 7

portions of the By-law, when viewed either individually or collectively, these do not pose significant negative impacts; nor are the impacts resultant of the proposed construction made worse due to the requested variances, especially in view of current conditions. Further, the site maintains appropriate internal motor vehicle circulation, with no additional undue impact created as a result of the requested relief. The variances, as requested, result in both the orderly development of the lands, and whose impacts are minor in nature. Conclusion

Based upon the preceding information, it is the opinion of Staff that the variances, as requested, meet the general intent and purpose of both the MOP and Zoning By-law; are minor in nature; and, are desirable for the orderly development of the lands. To this end, the Planning and Building Department has no objection to the variances, as requested. Should Committee see merit in the Application, Planning Staff would recommend the identified condition(s) below be imposed. The Applicant may wish to defer the application to ensure that all required variances have been accurately identified.

Comments Prepared by: Roberto Vertolli, Committee of Adjustment Planner

City Department and Agency Comments File:A181/20 2020/10/06 8

Appendices

Appendix 1 – Transportation and Works Comments

We are noting for Committee’s information that any Transportation and Works Department concerns/requirements for the proposed new two storey mixed use building will be addressed through the Site Plan Application Process, File SP 18-24 and Building Permit Process.

Comments Prepared by: David Martin, Supervisor Development Engineering

Appendix 2 – Zoning Comments

The Building Department is currently processing a Site Plan Approval application under file 18-24. Based upon review of this application, Staff notes that more information is required to verify the accuracy of the requested variances, as well as to determine whether additional variance(s) will be required.

Comments Prepared by: Marco Palerma, Zoning Examiner

Appendix 3 – Forestry and Parks

The Park Planning Section of the Community Services Department has no objections to the minor variance application and advises as follows:

 The lands to the rear of the property are City owned lands, identified as Willowcreek Park (Park #070) and within the Significant Natural Area, zoned G-1. Section 6.3.24 of the Mississauga Official Plan states that the Natural Heritage System will be protected, enhanced, restored and expanded through the following measures: a. ensuring that development in or adjacent to the Natural Heritage System protects and maintains the natural heritage features and their ecological functions through such means as tree preservation,…, grading, landscaping…;

Given the subject lands are subject to site plan control, should the application be approved, Community Services provides the following notes:

 Stockpiling, construction access and encroachment of construction materials in the adjacent Greenlands is not permitted.

 Tree preservation hoarding and securities may be required as part of the site plan control process.

City Department and Agency Comments File:A181/20 2020/10/06 9

Should further information be required, please contact Jim Greenfield, Park Planner, Community Services Department at 905-615-3200 ext. 8538 or via email [email protected]

Comments Prepared by: Jim Greenfield, Park Planner

Appendix 5 – Region of Peel Comments

Development Planning: Tracy Tang (905) 791-7800 x7190

Please be notified that the rear portion of the subject land is within an area the Regional Official Plan (ROP) designates as a Core Woodland and Core Valley of the Greenlands System in Peel, under Policy 2.3.2. The subject land is also located within the limits of the regulated area of the Toronto and Region Conservation Authority (TRCA). The Region relies on the environmental expertise of the TRCA for the review of development applications located within or adjacent to Core Areas of the Greenlands Systems in Peel and their potential impacts on the natural environment. Regional Planning staff therefore, request that the Committee and city staff consider comments from the TRCA and incorporate their conditions of approval appropriately.

Comments Prepared by: Diana Guida, Junior Planner

Appendix 6- Conservation Authority Comments

Further to our previous letter dated April 24, 2020, this letter acknowledges receipt of a recirculation of the above noted application in the City of Mississauga, received by TRCA on September 4, 2020.

Purpose of the Application

The purpose of Minor Variance Application A 181/20 is to request the following variances:

obstructions and only permits a traverse walkway within a landscape buffer in this instance; 6. A rear yard of 0.00m in a C3-65 zone measured to an E2-132 zone whereas By-law 0225-2007, as amended, requires a minimum rear yard of 4.50m (approx. 14.76ft) measured to an E2-132 zone in this instance; 7. A landscape buffer measured to an E2-132 zone of 0.00m whereas By-law 0225-2007, as amended requires a minimum landscape buffer measured to an E2-132 zone of 3.00m (approx. 9.84ft) in this instance; 8. A front yard measured to a hydro transformer in a E2-132 zone of 4.50m (approx. 14.76ft) whereas Bylaw 0225-2007, as amended, requires a minimum front yard of 7.50m (approx. 24.61ft) in this instance; 9. A landscape buffer measured to a C3-65 zone of 0.00m whereas By-law 0225-2007, as amended, requires a minimum landscape buffer measured to a C3-65 zone of 1.50m (approx. 4.92ft) in this instance; 10. To permit 28 seats for an accessory restaurant use whereas By-law 0225-2007, as amended, permits a maximum of 6 seats and are accessory to the retail sale of food products in this instance; 11. 55 parking spaces whereas By-law 0225-2007, as amended, requires a minimum of 90 parking spaces in this instance; 12. A drive aisle width of 6.40m (approx. 21.00ft) whereas By-law 0225-2007, as amended, requires a minimum drive aisle width of 7.00m (approx. 22.97ft) in this instance. 13. A front yard measured to a parking lot in a E2-132 zone of 3.00m (approx. 9.84ft) whereas By-law 0225- 2007, as amended, requires a minimum front yard of 7.50m (approx. 24.61ft) in this instance; 14. An interior side yard measured to a parking lot in an E2-132 zone of 0.00m whereas By- law 0225-2007, as amended, requires a minimum side yard of 4.50m (approx. 14.76ft) in this instance; 15. A landscape buffer of 0.00m to a C3-65 zone in an E2-132 zone whereas By-law 0225- 2007, as amended, requires a minimum landscape buffer of 3.00m (approx. 9.84ft) in this instance; and 16. To permit that parking requirements of the C3-65 zone to be accommodated on lands within an E2-132 zone whereas By-law 0225-2007, as amended, requires all required parking to be provided within the same zone in this instance.

It is our understanding that the purpose of the above variances is to allow the development of a 1,937.74 sq.m. (20,858.30 sq.ft.) two-storey mixed-use retail, convenience/take-out restaurant with supporting second floor offices.

Recommendation

On the basis of the comments noted below, TRCA staff supports conditional approval of Minor Variance Application A 181/20 subject to the following conditions:

1. The applicant obtains a TRCA permit pursuant to Ontario Regulation 166/06.

City Department and Agency Comments File:A181/20 2020/10/06 11

Application Specific Comments

It is our understanding that TRCA staff have previously reviewed Minor Variance Application A 181/20 and provided our comments letter dated April 24, 2020. Based on our review, it appears that the proposed works in this application are consistent with the previously reviewed application.

To reiterate, TRCA staff previously reviewed a site plan application (SPA 18-24 W3) and have provided conditional approval subject to the applicant acquiring a TRCA permit for the proposed works. Additionally, as noted in our letter dated March 27, 2020, it is our expectation that the detailed flood proofing elements of the design will be addressed at the permitting stage. As such, TRCA staff have no concerns with the requested variances, as submitted.

Permitting:

The subject property is located within TRCA’s Regulated Area. As such, a permit pursuant to Ontario Regulation 166/06 will be required.

1. Please advise the applicant to submit a TRCA permit application (Application for Development, Interference with Wetlands & Alterations to Shorelines and Watercourses – O. Reg. 166/06) and the associated review fee of $9,950.00 (Projects on Commercial Properties – Standard) to this office to initiate the TRCA permitting process.

Application Review Fee

In addition to regulatory responsibilities, TRCA has a role as a commenting agency for Planning Act applications circulated by member municipalities to assess whether a proposed development may be impacted by the TRCA.

By copy of this letter, TRCA staff thanks the applicant for providing the $1,100 review fee (2018 TRCA Planning Fees Schedule – Variance – Industrial Minor).

Conclusion

We thank you for the opportunity to review the subject application and provide our comments as per our commenting and regulatory role. Should you have any additional questions or comments, please do not hesitate to contact the undersigned.

Sincerely, City Department and Agency Comments File:A181/20 2020/10/06 12

Lina Alhabash

Planner I

Planning and Development

Tel: (416) 661-6600, Ext.5657

[email protected]

Comments Prepared by: Lina Alhabash, Planner I