2585 King Rd., King City, ON L7B 1A1 AGENDA COMMITTEE OF ADJUSTMENT WEDNESDAY, NOVEMBER 20TH, 2019 COUNCIL CHAMBERS AT 6:00PM Page 1. DECLARATIONS OF PECUNIARY INTEREST 2. REQUESTS FOR DEFERALS 3 - 28 2.1. File #55-A-19 Owners: Richard ROCCASALVA & Sandra TERSIGNI Plan 65M4448; Lot 65 85 Wilkie Avenue, Nobleton Roll #: 1949-000-051-30069 55-A-19_Redacted 29 - 78 2.2. File #07-B-19 Owners: Clare ROSS & Amy FINCH Part of Lot 15, Concession 3 1945 & 1991 16th Sideroad, King Agent: Dan Stone, Thorstone Consulting 07-B-19_Redacted 3. APPLICATIONS TO BE HEARD 3.1 MINOR VARIANCE APPLICATIONS: 79 - 103 3.1.1 File #52-A-19 Owners: Raffi YONAN & Ewa ZUBEL Plan 65M4169; Lot 24 3 Castle Mountain Court, Nobleton Page 1 of 194
Committee of Adjustment - 20 Nov 2019AGENDA
2. REQUESTS FOR DEFERALS
Plan 65M4448; Lot 65
85 Wilkie Avenue, Nobleton
Part of Lot 15, Concession 3
1945 & 1991 16th Sideroad, King
Agent: Dan Stone, Thorstone Consulting
07-B-19_Redacted
3.1 MINOR VARIANCE APPLICATIONS:
Plan 65M4169; Lot 24
Page 1 of 194
52-A-19_Redacted 104 - 122
Roll #: 1949-000-021-33052
54-A-19_Redacted 3.2 CONSENT APPLICATIONS:
Owner: HESTE CORPORATION
Concession 2; Part Lots 28 & 29; RS65R12908; Part of Part
2
16333 Dufferin Street, King
08-A-19_Redacted
187 - 193
4.1.1
Minutes of the Committee of Adjustment Meeting of Wednesday,
October 16th, 2019
October_16_2019 Draft Minutes
5. NEW BUSINESS
Committee Meeting Schedule 2020
Page 2 of 194
.. 3.
48
COMMITTEE OF ADJUSTMENT MINUTES
KING TOWNSHIP MUNICIPAL CENTRE 2585 KING ROAD, KING CITY COUNCIL
CHAMBERS
Members of the Committee of Adjustment of the Township of King met
on Wednesday, October 16th, 2019 at 6:00 p.m. Members of Committee
present were; G. Curran, M. Freethy, B. King & P. Dawson Joe
D’Ercole chaired the Committee of Adjustment meeting. Members of
staff present were; Sara Olivieri, Secretary-Treasurer Aloma
Dreher, Planner II Giuliano La Moglie, Planner I
1. DECLARATIONS OF PECUNIARY INTEREST
None.
3.1 Minor Variance Applications:
i. File #42-A-19* Owner: Serafino ORTINO Plan 459; Lot 12 59
Patricia Drive, King City Roll #: 1949-000-030-34100
*Deferred from September 18th, 2019
The Secretary-Treasurer briefly described the application and
advised the Committee of comments from the Township’s Engineering
Department, By-law Department, Zoning Examiner, Fire Department,
letters of support from neighbouring property owners and Planning
Report MV- 2019-49. Mr. Ortino, owner, was present to speak to the
application. Mr. Ortino explained to the Committee that he worked
with the Planning Department to revise his application and the
pervious surface requirement was eliminated. J. D’Ercole inquired
as to whether Mr. Ortino reviewed the conditions listed in the
Planning Report. Mr. Ortino questioned a condition in regards to
the rear swale. Aloma Dreher, Planner II, commented that through
the Engineering Department’s review, there was some correspondence
with a neighbouring property owner and there may be some impact
with respect to any drainage easements along the southern property
line. Ms. Dreher stated that
AGENDA ITEM #4.1.1
Page 2
confirmation will have to be provided from the neighbouring
property to allow for the drainage of stormwater runoff through
their property. J. D’Ercole inquired as to whether this will be the
last variance application for this property. Mr. Ortino confirmed
that no more variances will be sought. No persons were present to
speak to the application. Committee reviewed the four tests of a
Minor Variance. The Committee deemed the requested variances to be
minor in nature or desirable for the area. The Committee is of the
opinion that the requested variances maintain the general intent
and purpose of the Official Plan and Zoning By-law. A motion was
made by G. Curran and seconded by B. King that Minor Variance
Application #42-A-19 be approved, subject to the following
conditions:
i. That the proposed works be consistent with those presented on
the Site Plan prepared by Ian Robertson Design, submitted to the
Township September 5, 2019;
ii. That the proposed variances for Minimum Interior Side Yard
apply only to the proposed accessory structures;
iii. That the proposed height of the cabana and shed be in
substantial conformance with those presented on the Elevation
Plans, submitted to the Township August 15, 2019;
iv. That prior to the issuance of Building Permits a revised
Grading and Drainage Plan,
prepared by a Qualified Professional, will be submitted for review
and approval from
the Township’s Department of Engineering and Public Works to
demonstrate the
changes in proposed drainage patterns;
v. That prior to the issuance of Building Permits clarification
will be provided to the
Engineering and Public Works Department with respect to any
drainage easements
along the southern property line or that confirmation will be
provided from the
neighbouring property to allow for the drainage of stormwater
runoff through their
property; and
vi. That 0.6 metres (2 feet) from all property lines is to remain
undisturbed.
The motion carried with five (5) in favour and zero (0)
opposed.
ii. File #46-A-19 Owner: Babak SAMADI Plan 65M3299; Lot 35 110
Fairfield Drive, King City Roll #: 1949-000-024-72000
The Secretary-Treasurer briefly described the application and
advised the Committee of comments from the Township’s Engineering
Department, By-law Department, Zoning Examiner, Fire Department and
Planning Report MV-2019-50. Babak Samadi, owner, was present to
speak to the application. Mr. Samadi explained that he purchased
the property from the previous owner with the design and permits
approved. Mr. Samadi explained that the previous owner did not
obtain approval from Fairfield Estates as the subdivision is under
architectural control. Once it was reviewed for architectural
control, it was requested that the height be increased by 0.95
metres. Mr. Samadi advised Committee that new plans were submitted
to the Building Department along with the application for Minor
Variance. J. D’Ercole inquired as to whether the owner reviewed the
Planning Report. Mr. Samadi confirmed that it was reviewed. J.
D’Ercole inquired as to whether Giuliano La Moglia, Planner I, had
anything to add. Mr. La Moglia explained that the property is
located in Fairfield Estates and requires architectural control
approval. The approval body requested the height increase which is
why the application is being considered by the Committee.
AGENDA ITEM #4.1.1
Page 3
No persons were present to speak to the application. Committee
reviewed the four tests of a Minor Variance. The Committee deemed
the requested variance to be minor in nature or desirable for the
area. The Committee is of the opinion that the requested variance
maintains the general intent and purpose of the Official Plan and
Zoning By- law. A motion was made by M. Freethy and seconded by B.
King that Minor Variance Application #46-A-19 be approved, subject
to the following:
i. That the Elevation Plans submitted for Building Permit for the
proposed dwelling and attached garages shall be in substantial
conformity with the following plans prepared by Pro Vision
Architecture Inc., dated April, 2017:
A1.5 Building Sections/Details;
A1.3 East/South Elevations;
A1.4 North/South Elevations; The motion carried with five (5) in
favour and zero (0) opposed.
iii. File #48-A-19 Owner: Salvatore MANCUSO Plan 65M4448; Lot
138
18 Mary Agar Court, Nobleton Roll #: 1949-000-051-30142
The Secretary-Treasurer briefly described the application and
advised the Committee is in receipt of comments from the Township’s
Engineering Department, Zoning Examiner, Clerk, Fire Department and
Planning Report MV-2019-38. Salvatore Mancuso, owner, was present
to speak to the application. Mr. Mancuso advised Committee that he
would like to replace the existing wood deck with a non-maintenance
deck. Mr. Mancuso advised Committee that he is also proposing to
build a deck off the kitchen to put a BBQ. J. D’Ercole inquired as
to whether Mr. Salvatore was aware of the Report and conditions.
Mr. Mancuso took a moment to review the Report then commented that
he has no issues with the conditions. No persons were present to
speak to the application. The Committee reviewed the four tests of
a Minor Variance. The Committee deemed the requested variance to be
minor in nature or desirable for the area. The Committee is of the
opinion that the requested variance maintains the general intent
and purpose of the Official Plan and Zoning By-law. A motion was
made by P. Dawson and seconded by B. King that Minor Variance
Application #48-A-19 be approved, subject to the following:
i. That the Plans submitted for Building Permit for the proposed
decks shall be in substantial conformity with the following plans
prepared by Neighborhood Fence and Deck Inc, dated September 11th,
2019:
Mancuso Deck`s Site Layout;
Rear Deck`s Floor Plan:
Side Deck Floor Plan;
Rear Deck Elevations:
Side Deck Elevations: ii. The granting of Minor Variance #1 are
subject to the deck not exceeding the size,
height and setbacks identified on the submitted plans. iii. 0.6
metres (2 feet) from the property line is to remain undisturbed.
iv. Owner must ensure that side yard and rear yard swales are
maintained and
AGENDA ITEM #4.1.1
Page 4
unaltered in accordance with the approved subdivision lot grading
plan. v. Existing grades and drainage patterns are to remain
unaltered. vi. Prior to the issuance of a Building Permit, the
applicant shall obtain approval from
the subdivision developer project engineer for the proposed
variances as the subdivision has not yet been assumed by the
Township.
The motion carried with a vote of five (5) in favour and zero (0)
opposed.
iv. File #49-A-19 Owner: Linda VALENTE Plan 65M3589; Lot 39
23 Marchant Circle, Schomberg Roll #: 1949-000-092-05439 Agent:
Lifestyle Sunrooms Inc.
The Secretary-Treasurer briefly described the application and
advised the Committee is in receipt of comments from the Township’s
Engineering Department, By-law Department, Zoning Examiner, Fire
Department and Planning Report MV-2019-52. Syed, from Lifestyle
Sunrooms Inc., was present to speak to the application. J. D’Ercole
asked the applicant to explain why the variance is required. Syed
commented that he was asked to attend the hearing but does not know
the nature of the application. Linda Valente, owner, was present to
speak to the application. Ms. Valente explained that the variance
is required as the required setback is 15 metres and adding the
deck and sunroom would encroach into the 15 metres setback. J.
D’Ercole asked that the variance be explained. Mr. La Moglia
explained that there are two variances required - one for the deck
and one for the sunroom both for the rear yard. Mr. La Moglia
stated that the house already sits at the 15 metre rear yard
requirement. Mr. Biersteker, 34 Cooper Drive, was present to speak
to the application. Mr. Biersteker advised Committee that both he
and his wife have been in the home since 1997 (before the
subdivision was built). Mr. Biersteker explained that there are
three homes behind his and his neighbour - 17, 21 and 23 Marchant
Circle and that restrictions were set by the OMB for height and
setbacks for these properties. Mr. Biersteker explained that he is
not opposed to the deck and the sunroom but would ask that just
these structures receive the variance and that the remaining house
not project into the 15 metre rear yard. J. D’Ercole asked Planning
staff for clarification. Ms. Dreher stated that a condition could
be included that applies specifically to the deck and the sunroom
only. Ms. Dreher explained that the condition would be on the
property as long as Zoning By-law #2017-66 is in place. Ms. Valente
stated that she has no intentions on expanding the rest of the
home, just the deck and sunroom. Ms. Valente further stated that
she has no problem with the conditions in the Planning Report. No
other persons were present to speak to the application. Committee
reviewed the four tests of a minor variance. The Committee deemed
the requested variances to be minor in nature or desirable for the
area. The Committee is of the opinion that the requested variances
maintain the general intent and purpose of the Official Plan and
Zoning By-law. A motion was made by P. Dawson and seconded by B.
King that Minor Variance Application #48-A-19 be approved, subject
to the following:
AGENDA ITEM #4.1.1
Page 5
i. That the Plans submitted for Building Permit for the proposed
decks shall be in
substantial conformity with the following plans prepared by
Lifestyle Sunrooms, dated July 2nd, 2019:
01, Site Plan;
03, Elevations;
04, A-A Section and Snow Accumulation; ii. The granting of Minor
Variances #1 and #2 are subject to the deck and sunroom
addition
to not exceed the size, height and setbacks identified on the
submitted plans. iii. The setbacks variances are for ONLY the
proposed deck and sunroom, no other
structures and/or additions; and iv. That the owner must ensure
that existing grades and drainage patterns are maintained
and unaltered. The motion carried with a vote of five (5) in favour
and zero (0) opposed.
v. File #50-A-19 Owner: Steven DAVIDSON Concession 7; Part Lots 27
& 28; RP 65R25243
4534 Lloydtown Aurora Road, King Roll #: 1949-000-116-17000
The Secretary-Treasurer briefly described the application and
advised the Committee is in receipt of comments from the Township’s
Engineering Department, Zoning Examiner, By-law Department, Fire
Department, Lake Simcoe Region Conservation Authority and Planning
Report MV-2019-53. Steven Davidson, owner, was present to speak to
the application. Mr. Davison explained that he has an irregular lot
where the side lot is called the rear lot and the house right now
sits about 2.8 metres away and because it is an irregular lot this
amendment is necessary. Mr. Davison further explained that the
proposed placement of the replacement dwelling is due to the
location of the existing wells. J. D’Ercole inquired as to whether
Mr. Davidson reviewed the LSRCA comments and recommendations in the
Planning Report. Mr. Davidson confirmed that he reviewed the
comments from LSRCA and the conditions in the Planning Report. No
persons were present to speak to the application. The committee
reviewed the four tests of a minor variance. The Committee deemed
the requested variance to be minor in nature or desirable for the
area. The Committee is of the opinion that the requested variance
maintains the general intent and purpose of the Official Plan and
Zoning By-law. A motion was made by G. Curran and seconded by P.
Dawson that Minor Variance Application #50-A-19 be approved,
subject to the following: i. That the Plans submitted for Building
Permit for the proposed one and a half story
replacement dwelling and shall be in substantial conformity with
the following plans submitted by First Step Design, dated August,
2019:
A-1.0 Site Plan;
A-3.1 South (Street);
A-3.2 West Elevation;
A-3.3 North Elevation;
A-3.4 East Elevation; ii. The granting of Minor Variance #1 are
subject to the proposed one and a half story
addition to not exceed the size, height and setbacks identified on
the submitted plans. iii. 0.6 metres (2 feet) from the property
line is to remain undisturbed. iv. Prior to the issuance of a
building permit, the Owner shall submit a Grading and
AGENDA ITEM #4.1.1
Page 6
Drainage Plan prepared by a Qualified Professional for review and
approval from the Department of Engineering and Public Works. The
Grading and Drainage Plan shall demonstrate how stormwater drainage
from the subject lot is contained within the site; and
v. That the Owner shall obtain a permit from the LSRCA under
Ontario Regulation 179/06. The motion carried with a vote of five
(5) in favour and zero (0) opposed.
vi. File #51-A-19 Owner: Aderemi SANUSI Plan 65M4443; Lot 133
11 Middlehead Trail, Nobleton Roll #: 1949-000-052-02233 Agent:
Charles Adenji
The Secretary-Treasurer briefly described the application and
advised the Committee is in receipt of comments from the Township’s
Engineering Department, Zoning Examiner, By-law Department, Fire
Department and Planning Report MV-2019-54. Charles Adenji, agent,
was present to speak to the application. Mr. Adenji explained that
the existing property is the smallest in the neighbourhood and the
owners would like to extend the home to be like the other homes in
the neighbourhood. J. D’Ercole inquired as to whether the existing
house is about 36% lot coverage. Mr. La Moglia confirmed that the
house is at 36% lot coverage. Mr. Adenji advised the Committee that
he reviewed the conditions in the Planning Report and is
comfortable with them. No persons were present to speak to the
application. The committee reviewed the four tests of a minor
variance. The Committee deemed the requested variance to be minor
in nature or desirable for the area. The Committee is of the
opinion that the requested variance maintains the general intent
and purpose of the Official Plan and Zoning By-law. A motion was
made by M. Freethy and seconded by B. King that Minor Variance
Application #51-A-19 be approved, subject to the following:
i. That the Plans submitted for Building Permit for the proposed
one and a half story replacement dwelling and shall be in
substantial conformity with the following plans submitted by
Suriano Design Consultants Inc., dated August 29th, 2019:
A-01 Site Plan;
A-7 Rear Elevation;
A-8 Building Section 1; ii. That the granting of Minor Variance #1
are subject to the proposed two story addition
and decks to not exceed the size, height and setbacks identified on
the submitted plans.
iii. That 0.6 metres (2 feet) from the property line is to remain
undisturbed. iv. That the owner is to ensure that existing side
yard and rear yard swales are
maintained and unaltered in accordance with the approved
subdivision lot grading plan; and
v. That prior to the issuance of Building permits, the applicant
shall obtain approval from the subdivision developer project
engineer for the proposed variances as the subdivision has not yet
been assumed by the Township.
The motion carried with a vote of five (5) in favour and zero (0)
opposed.
AGENDA ITEM #4.1.1
Page 7
4. MINUTES
4.1 Minutes of Committee of Adjustment Meeting
(i) Minutes of the Committee of Adjustment Meeting of September
18th, 2019
A motion was made by P. Dawson and seconded by G. Curran and
carried that the Minutes of the Committee of Adjustment Meeting of
Wednesday, September 18th, 2019, be adopted. The motion carried
with a vote of five (5) in favour and zero (0) opposed
5. NEW BUSINESS Approval of the 2020 Schedule of Meetings 6. NEXT
MEETING 6.1 Wednesday, November 20th, 2019 7. ADJOURNMENT
A motion was made by B. King and seconded by J. D’Ercole and
carried that the Committee of Adjustment Meeting be adjourned. The
motion carried with a vote of five (5) in favour and zero (0)
opposed
The Meeting adjourned at 6:45pm.
_____________________________ J. D’Ercole
AGENDA ITEM #4.1.1
MUNICIPAL OFFICE – COUNCIL CHAMBERS 2585 KING ROAD, KING CITY
6:00PM
1. Wednesday, January 22nd, 2020 2. Wednesday, February 19th,
2020
3. Wednesday, March 18th, 2020
4. Wednesday, April 15th, 2020
5. Thursday, May 20th, 2020
6. Wednesday June 17th, 2020
7. Wednesday, July 15th, 2020
8. Wednesday, August 19th, 2020
9. Wednesday, September 16th, 2020
10. Wednesday, October 21st, 2020
11. Wednesday, November 18th, 2020
12. Wednesday, December 16th, 2020
Cc: Council; Clerk’s Department; Planning Department; Building
Department; Committee Members
AGENDA ITEM #5.1.