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Committee of Adjustment
June 19, 2023
What was decided (12 motions)
11 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
That the agenda be amended to include the addendum, and as amended, be approved.
Moved by Mr. Tekenos-Levy, seconded by Mr. Dakin
Carried
That the minutes of Committee of Adjustment Meeting 06-2023, held Monday, May 15, 2023, be approved.
Moved by Mr. Morton, seconded by Mr. O’Hare
Carried
That consent application, File Number D10-020-2022, to sever an approximately 4.24 hectare portion of land from the parcel known municipally as 4085 Bath Road and add it to the neighbouring property located at 4091 Bath Road, be provisionally approved subject to the conditions included in Exhibit A (Recommended Conditions) to Report Number COA-23-037; and That consent application, File Number D10-021-2022, to sever approximately 3.44 hectares of land from the rear of the parcel known municipally as 4097 Bath Road and add it to the neighbouring property located at 4091 Bath Road, be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions) to Report Number COA-23-037.
Moved by Mr. Dakin, seconded by Mr. Morton
Carried
That minor variance application, File Number D13-024-2023, for the property located at 563 & 565-567 Princess Street to construct a six-storey apartment building be approved, as described below: Variance Number 1: By-Law Number 2022-62: Row 5 of Table 10.2.1. – Minimum Rear Setback • Requirement: 8.0 metres • Proposed: 4.2 metres • Variance Requested: 3.8 metres Variance Number 2: By-Law Number 2022-62: Row 11 of Table 10.2.1. – Maximum Residential Density Committee of Adjustment Meeting Number 07-2023 – Monday, June 19, 2023 at 5:30 p.m. Page 8 of 21 • Requirement: 210 dwelling units per net hectare • Proposed: 322 dwelling units per net hectare • Variance Requested: 112 dwelling units per net hectare Variance Number 3: By-Law Number 2022-62: Section 7.2.3.1 – Accessible Parking • Requirement: Where the number of parking spaces in Clause 7.2.2. is between 1 and 12 parking spaces, one parking space must be a Type A accessible space; • Proposed: Where the number of parking spaces in Clause 7.2.2. is between 1 and 12 parking spaces, no accessible space is required • Variance Requested: 1 accessible space; and Variance Number 4: By-Law Number 2022-62: Row 1 Table 7.1.1. – Required Number of Parking, Visitor and Car Share Spaces. • Requirement: 9 parking spaces; 1 car share parking space; and, 2 visitor spaces • Proposed: Minimum 10 parking spaces • Variance Requested: 2 visitor spaces; remaining parking provided as regular parking spaces That approval of the application be subje
Moved by Mr. Morton, seconded by Mr. O’Hare
Lost
That Application for Minor Variance – 563 – 567 Princess Street be denied due to the following land use planning rationale: That the variances for density, parking and setbacks do not meet one of the four tests, being that they are not minor in nature.
Moved by Mr. O’Hare, seconded by Mr. Tekenos-Levy
Carried
That consent application, File Number D10-011-2023, to sever a 1.5 hectare lot from the 9.2 hectare site and to establish easements for the purpose of servicing and access, be provisionally approved subject to the conditions included in Exhibit A (Recommended Conditions) to Report Number COA-23-036.
Moved by Mr. Dakin, seconded by Mr. Morton
Carried
That minor variance application, File Number D13-012-2023 for the property located at 474 Division Street to permit the construction of a duplex on the severed lot and a detached garage with a second storey ARU on each of the severed and retained lots for a total of three dwelling units with eight bedrooms in the aggregate on each lot, be approved, as described below: Retained Lot: Variance Number 1: By-Law Number 2022-62: Table 11.14.1.(1) Minimum Lot Area • Requirement: 465 square metres • Proposed: 419 square metres • Variance Requested: 46 square metres; and Committee of Adjustment Meeting Number 07-2023 – Monday, June 19, 2023 at 5:30 p.m. Page 11 of 21 Variance Number 2: By-Law Number 2022-62: Table 11.14.1.(2) Minimum Lot Frontage • Requirement: 15 metres • Proposed: 10.1 metres • Variance Requested: 4.9 metres; and Variance Number 3: By-Law Number 2022-62: 11.14.1.(7): Minimum Interior Setback • Requirement: 1.2 metres • Proposed: 0.6 metres between the south interior lot line and second storey rooftop terrace • Variance Requested: 0.6 metres between the south interior lot line and second storey rooftop terrace; and Variance Number 4: By-Law Number 2022-62: Section 5.4.6.9.(a)(iv) Maximum lot coverage of all accessory buildings on a lot is 10% in the aggregate for detached additional residential units • Requirement: 10% • Proposed: 14.1% • Variance Requested: 4.1%; and Variance Number 5: By-Law Number 2022-62: Section 5.4.6.9.(a)(ii) Minimum interior setback for detac
Moved by Mr. O’Hare, seconded by Mr. Dakin
Carried
That consent application, File Number D10-004-2023, to sever a new lot for future residential development, be provisionally approved subject to the conditions included in Exhibit A (Recommended Conditions) to Report Number COA-23-033.
Moved by Mr. Dakin, seconded by Mr. O’Hare
Carried
That minor variance application, File Number D13-023-2023 for the property located at 409-411 Regent Street to permit reductions in lot area, lot frontage, interior setbacks, and aggregate interior setbacks for both parcels; to permit a reduced setback for an existing accessory structure on the retained parcel; and to permit increased maximum lot coverage for the retained parcel, be approved, as described below: Retained Lot: Variance Number 1: Minimum Lot Area By-Law Number 2022-62: Table 13.2.2.1 • Requirement: 370 square metres • Proposed: 140 square metres • Variance Requested: 230 square metres Variance Number 2: Minimum Lot Frontage By-Law Number 2022-62: Table 13.2.2.2 • Requirement: 12 metres • Proposed: 6.3 metres • Variance Requested: 5.7 metres Variance Number 3: Minimum Interior Setback By-Law Number 2022-62: Table 13.2.2.7 • Requirement: 1.2 metres • Proposed: 0 metres where a common party wall is located along a lot line • Variance Requested: 1.2 metres Variance Number 4: Minimum Aggregate of Interior Setbacks By-Law Number 2022-62: Table 13.2.2.8 Committee of Adjustment Meeting Number 07-2023 – Monday, June 19, 2023 at 5:30 p.m. Page 17 of 21 • Requirement: 6 metres • Proposed: 0.6 metres • Variance Requested: 5.4 metres Variance Number 5: Maximum Lot Coverage By-Law Number 2022-62: Table 13.2.2.10 • Requirement: Maximum 25% • Proposed: 39% • Variance Requested: 14% Variance Number 6: Additional Accessory Building Provisions – Minimum Setbacks By-Law Number 202
Moved by Mr. Morton, seconded by Mr. O’Hare
Carried
That minor variance application, File Number D13-025-2023, for the property located at 110 Kingscourt Avenue to enclose the existing covered front porch, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Section 11.14.1.: Minimum front setback • Requirement: 3.4 metres • Proposed: 1.9 metres • Variance Requested: 1.5 metres; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-039.
Moved by Mr. Dakin, seconded by Mr. Morton
Carried
That minor variance application, File Number D13-019-2023 for the property located at 3103 Babcock Road to reduce the minimum frontage for severed Lot 2, be approved, as described below: Variance Number 1: By-Law Number: 2022-62: Table 8.3.1.2: Minimum Lot Frontage • Requirement: 90 metres • Proposed: 60 metres • Variance Requested: 30 metres; and That approval of the minor variance application be subject to the conditions attached as Exhibit C (Recommended Conditions – Minor Variance) to Report Number COA-23-038; and That consent application, File Number D10-022-2023, to sever a 2.7 hectare parcel, be provisionally approved subject to the conditions included in Exhibit A (Recommended Conditions – Consent) to Report Number COA-23-038; and That consent application, File Number D10-014-2023, to sever a 1 hectare parcel, be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions – Consent) to Report Number COA-23-038.
Moved by Mr. Dakin, seconded by Mr. O’Hare
Carried
That the meeting of the Committee of Adjustment adjourn at 8:56 p.m.