Committee of Adjustment

That the agenda be amended to include the addendum, and as amended, be approved.

That the minutes of Committee of Adjustment Meeting 09-2023, help Monday, August 21, 2023, be approved.

That minor variance application, File Number D13-050-2023, for the property located at 386 & 390 Johnson Street and 40 Aberdeen Street, be approved, as described below: Variance Number 1: By-Law Number 2022-62: 4.3.1 • Requirement: A minimum of 18.5 square metres of amenity area must be provided for each dwelling unit on a lot with three or more dwelling units in a triplex, townhouse, stacked townhouse, apartment building or mixed-use building. • Proposed: A minimum of 13 square metres of amenity area will be provided for each dwelling unit in a 45-unit apartment building. • Variance Requested: Reduction in the minimum required amenity area per dwelling unit of 5.5 square metres. Variance Number 2: By-Law Number 2022-62: 4.18.2 • Requirement: Despite the height provisions of this By-law, an elevator penthouse is permitted to project a maximum of 3.5 metres above the maximum permitted height, with a maximum area of 10% of the roof area on which they are located, in the aggregate, and a minimum setback from the edge of the roof equal to the vertical height of such building component. Committee of Adjustment Meeting Number 10-2023 – Monday, September 18, 2023 at 5:30 p.m. Page 7 of 19 • Proposed: Elevator penthouse to project 4.8 metres above the maximum permitted height. • Variance Requested: Increase in the maximum permitted height of an elevator penthouse by 1.3 metres. Variance Number 3: By-Law Number 2022-62: 4.6.1 • Requirement: Buildings are not permitted within sight tri

That minor variance application, File Number D13-046-2023, for the property located at 920 Gardiners Road to reduce the minimum setback to a flood plain and minimum parking ratio, be approved, as described below: Variance Number 1: By-Law Number 76-26: Section 5(6)(a) – Restrictions Adjacent to Flood Plains • Requirement: No building shall be erected or altered within 25 feet (7.6 metres) of a flood plain. • Proposed: Building constructed 6 metres from flood plain • Variance Requested: 1.6 metres Variance Number 2: By-Law Number 76-26: Section 15(3)(o)3(v) – Interior Side Yard Depth (Minimum • Requirement: 8 metres • Proposed: 6 metres • Variance Requested: 2 metres Variance Number 3: By-Law Number 76-26: Section 15(3)(o)3(vii) – Flood Plain Regulation • Requirement: 7.5 metres from top of fill • Proposed: 6 metres • Variance Requested: 1.5 metres Variance Number 4: By-Law Number 76-26: Section 5(16)(a) – Minimum Parking Space Requirement • Requirement: 1.25 spaces per dwelling unit for apartment dwelling house • Proposed: 1 space per dwelling unit) • Variance Requested: 0.25 spaces per dwelling unit That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-064.

That minor variance application, File Number D13-047-2023, for the property located at 61 Baiden Street to permit a reduced lot frontage and reduced front setback for a porch and balcony, be approved, as described below: Severed Lot and Retained Lot: Variance Number 1: By-Law Number: 2022-62: Table 11.13.1.2: Lot Frontage • Requirement: 15.0 metres • Proposed: 10.0 metres • Variance Requested: 5.0 metres; and Variance Number 2: By-Law Number: 2022-62: Table 4.20.4.2: Front Setback of a Porch or Balcony over 1.2 metres in Height • Requirement: 4.5 metres • Proposed: 3.0 metres • Variance Requested: 1.5 metres That approval of the minor variance application be subject to the conditions attached as Exhibit A (Recommended Conditions – Minor Variance) to Report Number COA-23-063; and That consent application, File Number D10-029-2023, to sever the subject property into two lots measuring 517.50 square metres in size and with 10.0 metres of lot frontage on Baiden Street, and to establish a reciprocal easement over the proposed shared driveway, be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions – Consent) to Report Number COA-23-063.

That minor variance application, File Number D13-036-2023 for the property located at 15 Redden Street to reduce the minimum lot area for severed and retained lots and reduce the rear yard setback for the retained lot, be approved, as described below: Severed Lot Variance Number 1: Minimum Lot Area By-Law Number: 2022-62 Table 11.5.1.1 • Requirement: 557.4 square metres • Proposed: 542.0 square metres • Variance Requested: 15.4 square metres Retained Lot Variance Number 2: Minimum Lot Area By-Law Number: 2022-62 Table 11.5.1.1 Committee of Adjustment Meeting Number 10-2023 – Monday, September 18, 2023 at 5:30 p.m. Page 14 of 19 • Requirement: 557.4 square metres • Proposed: 542.0 square metres • Variance Requested: 15.4 square metres Variance Number 3: Minimum Rear Setback By-Law Number: 2022-62 Table 11.5.1.1 • Requirement: 7.6 metres • Proposed: 4.5 metres • Variance Requested: 3.1 metres; and, That approval of the minor variance application be subject to the conditions attached as Exhibit A (Recommended Conditions – Minor Variance) to Report Number COA-23-056; and, That consent application, File Number D10-025-2023, to sever a 542 square metre lot with 21.7 metres of frontage on Lakeview Avenue and establish a servicing easement across the rear yard of the retained parcel, be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions – Consent) to Report Number COA-23-056.

That minor variance application, File Number D13-041-2023, for the property located at 5 Grenville Crescent to construct an extension of an existing deck which exceeds the maximum area provision for decks greater than 1.2 metres above finished grade, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Table 4.20.4.(1): Maximum surface area of floor level for decks a height greater than 1.2 metres • Requirement: 10% of the lot area, of which a maximum of 30 square metres is permitted at a height of 1.2 metres or greater • Proposed: Maximum of 68.1 square metres for decks at a height of 1.2 metres or greater • Variance Requested: 38.1 square metres at a height of 1.2 metres or greater. That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-059.

That minor variance application, File Number D13-043-2023, for the property located at 1157 Halifax Drive to permit a 0.35 metres projection into the required 1.2 metre pedestrian pathway, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Section 4.27.1.5 Committee of Adjustment Meeting Number 10-2023 – Monday, September 18, 2023 at 5:30 p.m. Page 18 of 19 • Requirement: The walkway must be unobstructed up to a minimum height of 2.1 metres above grade. • Proposed: Notwithstanding Section 4.27.1.5, a gas meter is permitted as a localized protrusion 0.35 metres into the required walkway. • Variance Requested: 0.35 metre localized protrusion for a gas meter That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-061.

That the application for permission, File Number D13-039-2023, for the property located at 4300 Bath Road to expand a legal non-complying detached accessory building with the construction of exterior stairs leading to the second floor of the existing garage, be approved; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-055.

That the meeting of the Committee of Adjustment adjourn at 7:53 p.m.