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Committee of Adjustment
May 13, 2024
What was decided (14 motions)
14 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That the agenda be amended to include the addenda, and as amended, be approved.
Moved by Councillor Hassan, seconded by Mr. Perkins
Carried
That the minutes of Committee of Adjustment Meeting 05-2024, held Monday, April 15, 2024, be approved.
Moved by Mr. Dakin, seconded by Mr. Perkins
Carried
That minor variance application, File Number D13-026-2024, for the property located at 3451 Highway 2 to establish a food processing and catering operation as an agriculture- related use, be approved. That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-041.
Moved by Mr. Scott, seconded by Councillor Cinanni
Carried
That minor variance application, File Number D13-030-2024 for the property located at 77 and 79 Gore Street to permit a reduced minimum lot area, a reduced minimum lot frontage, reduced landscaped open space, and to permit an increased maximum residential density, be approved, as described below: Retained Lot: Variance Number 1: Minimum Lot Area By-Law Number 2022-62: Table 13.4.1.1 • Requirement: 370 square metres • Proposed: 106.8 square metres • Variance Requested: 263.2 square metres; Variance Number 2: Minimum Lot Frontage By-Law Number 2022-62: Table 13.4.1.2 • Requirement: 10 metres • Proposed: 4.9 metres • Variance Requested: 5.1 metres; Variance Number 3: Minimum Landscaped Open Space By-Law Number 2022-62: Table 13.4.1.8 • Requirement: 30% of lot area • Proposed: 18.2% of lot area • Variance Requested: 11.8% of lot area; Variance Number 4: Maximum Density By-Law Number 2022-62: Table 13.4.1.13 • Requirement: 69 dwelling units per net hectare • Proposed: 93.6 dwelling units per net hectare • Variance Requested: 24.6 dwelling units per net hectare; Committee of Adjustment Meeting Number 06-2024 – Monday, May 13, 2024 at 5:30 p.m. Page 6 of 21 Severed Lot: Variance Number 5: Minimum Lot Area By-Law Number 2022-62: Table 13.4.1.1 • Requirement: 370 square metres • Proposed: 124.2 square metres • Variance Requested: 245.8 square metres; Variance Number 6: Minimum Lot Frontage By-Law Number 2022-62: Table 13.4.1.2 • Requirement: 10 metres • Proposed: 5.7 metres • Variance
Moved by Councillor Hassan, seconded by Mr. Dakin
Carried
That minor variance application, File Number D13-021-2024, for the property located at 158 Casterton Avenue to construct a new second storey addition and rear one storey addition to the existing attached garage with a reduced aggregate interior setback, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Table 11.8.1.(8) Minimum Aggregate of Interior Setbacks • Requirement: 3.6 metres • Proposed: 3.5 metres • Variance Requested: 0.1 metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-044.
Moved by Mr. Tekenos-Levy, seconded by Mr. Perkins
Carried
That minor variance application, File Number D13-018-2024, for the property located at 146 Hillendale Avenue to construct a rear and second-storey addition onto the existing dwelling, be approved, as described below: Variance Number 1: Minimum Aggregate Interior Setback By-Law Number 2022-62: Table 11.8.1 (8) • Requirement: 3.6 metres • Proposed: 3.51 metres • Variance Requested: 0.09 metres Variance Number 2: Maximum Building Depth By-Law Number 2022-62: Table 11.8.1 (12) • Requirement: 18 metres • Proposed: 22.33 metres • Variance Requested: 4.33 metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) Report Number COA-24-046.
Moved by Mr. Scott, seconded by Councillor Hassan
Carried
That minor variance application, File Number D13-029-2024, for the property located at 15 Theresa Crescent to add one additional residential unit to an existing low-rise apartment building, increasing the number from eleven to a total of twelve residential units, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Table 12.5.1 – Minimum interior setback • Requirement: Residential buildings that are greater than 2 storeys: 3.0 metres plus 1.2 metres for each additional storey above 2 (4.2 metres) • Proposed: 3.8 metres • Variance Requested: 0.4 metres Variance Number 2: By-Law Number 2022-62: Table 12.5.1 – Maximum density • Requirement: Apartment building: 69 dwelling units per net hectare • Proposed: 74 dwelling units per net hectare • Variance Requested: 5 units per net hectare; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-043.
Moved by Councillor Hassan, seconded by Mr. Dakin
Carried
That minor variance application, File Number D13-015-2024 for the property located at 91 Raglan Road to permit the establishment of a new lot containing a single detached house and attached garage be approved, as described below: Severed Lot Variance Number 1: By-Law Number: 2022-62 Section 7.4.8 (8): Minimum required setback from a private garage to the streetline where the driveway gains access to a street. • Requirement: 6 metres • Proposed: 2.1 metres • Variance Requested: 3.9 metres; Variance Number 2: By-Law Number: 2022-62 Table 11.6.1 (1): Minimum Lot Area • Requirement: 370 square metres • Proposed: 190 square metres • Variance Requested: 180 square metres; Variance Number 3: By-Law Number: 2022-62 Table 11.6.1 (2): Minimum Lot Frontage • Requirement: 10 metres • Proposed: 7.5 metres • Variance Requested: 2.5 metres; Variance Number 4: By-Law Number: 2022-62 Table 11.6.1 (8): Minimum Aggregate of Interior Setbacks • Requirement: 3.6 metres • Proposed: 1.85 metres • Variance Requested: 1.75 metres; and, Variance Number 5: By-Law Number: 2022-62 Table 11.6.1 (12a) Maximum Building Depth • Requirement: 18 metres. • Proposed: 19.1 metres Committee of Adjustment Meeting Number 06-2024 – Monday, May 13, 2024 at 5:30 p.m. Page 13 of 21 • Variance Requested: 1.1 metres Variance Number 6: By-Law Number: 2022-62 Table 11.6.1 (12b) Maximum Building Depth • Requirement: The rear wall of a principal building must not be closer than 7.5 metres to the rear lot line. • Proposed: 6 m
Moved by Mr. Tekanos-Levy, seconded by Councillor Hassan
Carried
That minor variance application, File Number D13-022-2024, for the property located at 2 Cataraqui Street to reduce the minimum separation distance from the highwater mark of a waterbody to any use or building and the minimum setback from Cataraqui Street for any building or structure to facilitate the construction of a new deck, be approved, as described below: Committee of Adjustment Meeting Number 06-2024 – Monday, May 13, 2024 at 5:30 p.m. Page 15 of 21 Variance Number 1: By-Law Number 2022-62:4.23.1 waterbody separation distance • Requirement: 30.0 metres • Proposed: 23.5 metres • Variance Requested: 6.5 metres Variance Number 2: By-Law Number 2022-62:L378 (c) (i) setback for any building or structure from Cataraqui Street • Requirement: 90.0 metres • Proposed: 10 metres • Variance Requested: 80 metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-048.
Moved by Mr. Scott, seconded by Mr. Dakin
Carried
That minor variance application, File Number District 5- Collins Bayridge, for the property located at 4094 Bath Road to construct a 14.35 square metre accessory building 17 metres from the high-water mark, be approved, as described below: Committee of Adjustment Meeting Number 06-2024 – Monday, May 13, 2024 at 5:30 p.m. Page 16 of 21 Variance Number 1: By-Law Number 2022-62:Section 4.23.1 Waterbody Separation Distance (accessory building) • Requirement: 30 Metres • Proposed: 17 Metres • Variance Requested: 13 Metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-047.
Moved by Mr. Dakin, seconded by Councillor Cinanni
Carried
That minor variance application, File Number Sydenham, for the property located at 232 King Street East to convert an existing second floor artist’s studio above a detached garage into a detached additional residential unit, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Section 4.27.1.4 - Walkway provisions • Requirement: The walkway must be separately delineated and measured distinctly from a required driveway and parking space. A vehicle must not park on top of any part of the walkway • Proposed: That a portion of the walkway overlaps with the driveway Committee of Adjustment Meeting Number 06-2024 – Monday, May 13, 2024 at 5:30 p.m. Page 17 of 21 • Variance Requested: That the walkway be permitted to overlap with the driveway Variance Number 2: By-Law Number 2022-62: Section 5.4.6.9(a) (i) Minimum rear setback • Requirement: 1.2 metres • Proposed: 0 metres • Variance Requested: 1.2 metres Variance Number 3: By-Law Number 2022-62: Section 5.4.6.9(a)(ii) Minimum interior setback • Requirement: 1.2 metres • Proposed: 0 metres • Variance Requested: 1.2 metres Variance Number 4: By-Law Number 2022-62: Section 5.4.6.9(a)(v) Maximum height (metres) • Requirement: 4.6 metres • Proposed: 5.5 metres • Variance Requested: 0.9 metres Variance Number 5: By-Law Number 2022-62: Section 9(a)(vi) Maximum height (storeys) • Requirement: 1 storey • Proposed: 2 storeys • Variance Requested: 1 storey; and That approval of the application be subject to the condition
Moved by Mr. Scott, seconded by Mr. Perkins
Carried
That minor variance application, File Number D13-027-2024, for the property located at 2331 Princess Street to construct a six-storey hotel, be approved, as described below: Committee of Adjustment Meeting Number 06-2024 – Monday, May 13, 2024 at 5:30 p.m. Page 19 of 21 Variance Number 1: Building Height By-Law Number 76-26: Section 19(2)(l) • Requirement: 35 feet (10.7 metres) • Proposed: 75.2 feet (22.9 metres) • Variance Requested: 40.2 feet (12.3 metres) Variance Number 2: Setbacks from a Provincial Highway or Major Arterial Road By-Law Number 76-26: Section 5.20(a)(i) • Requirement: 70 feet (21.3 metres) • Proposed: 46.8 feet (14.3 metres) • Variance Requested: 23.2 feet (7.1 metres) Variance Number 3: Parking Space Dimensions By-Law Number 76-26: Section 5.16(l) • Requirement: 2.75 metres by 6.0 metres • Proposed: 2.6 metres by 5.5 metres • Variance Requested: 0.15 metres by 0.5 metres Variance Number 4: Accessible Parking Design Standards By-Law Number 76-26: Section 5.16(a)(a)(d)(ii)) • Requirement: 6.0 metre length • Proposed: 5.5 metre length • Variance Requested: 0.5 metres Variance Number 5: Loading Space Requirements By-Law Number 76-26: Section 5.12 • Requirement: 2 • Proposed: 1 • Variance Requested: 1; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-039.
Moved by Mr. Tekenos-Levy, seconded by Councillor Cinanni
Carried
That minor variance application, File Number D13-019-2024, for the property located at 689 Portsmouth Avenue to construct a car port on the northside of the existing house, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Section 4.1.2 (4) - Additional Accessory Provisions for Residential Uses and Buildings • Requirement: The accessory building may encroach into the required setback on a lot provided that such accessory building must be setback a minimum of 1.2 metres from all lot lines. • Proposed: 0.6 metres from the north interior lot line • Variance Requested: 0.6 metres from the north interior lot line That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-045.
Moved by Mr. Dakin, seconded by Mr. Perkins
Carried
That the meeting of the Committee of Adjustment adjourn at 6:38 p.m.
Moved by Councillor Cinanni, seconded by Mr. Perkins