THE CORPORATION OF THE

TOWN OF GEORGINA

Committee of Adjustment Minutes

Meeting #:

Date:

Monday, July 29, 2024

Time:

7:30 P.m. - 8:30 P.m.

Location:

Town of Georgina Civic Centre

26557 Civic Centre Rd.

Keswick, ON

Members of Committee Present:

• John Rogers, Acting Chair
• Chris Burns
• Lynda Rogers
• Joseph Bonello

Members of Committee Absent:

• Karen Whitney

Staff Present:

• Janet Porter, Manager of Development Planning
• Matthew Ka

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1.

ROLL CALL

“The Town of Georgina recognizes and acknowledges that we are on lands originally used and occupied by the First Peoples of the Williams Treaties First Nations and other Indigenous Peoples, and on behalf of the Mayor and Council, we would like to thank them for sharing this land.  We would also like to acknowledge the Chippewas of Georgina Island First Nation as our close neighbour and friend, one with which we strive to build a cooperative and respectful relationship.

We also recognize the unique relationship the Chippewas have with the lands and waters of this territory.  They are the water protectors and environmental stewards of these lands and we join them in these responsibilities.”

As noted above

2.

INTRODUCTION OF ADDENDUM ITEM(S)

There were three addendum items. 

1.

B18-23 375 Lake Drive N Public Comments

2.

A07-24 19 Mum's Ave

3.

22847 Highway 48 updated drawing

3.

DECLARATION OF PECUNIARY INTEREST

None. 

4.

EXPLANATION OF HEARING PROCEDURE

Matthew Ka, Acting Secretary-Treasurer to the Committee of Adjustment read the hearing explanation. 

5.

REQUESTS FOR DEFERRAL OR WITHDRAWL

None. 

6.

APPLICATIONS FOR CONSENT

1.

CONSENT APPLICATION B18-23 375 LAKE DRIVE NORTH

The owner Geoffrey Dawe spoke to the application.

Brittany Dobrindt, Planner I, did a presentation on the application.

There was one (1) written comment and no public speakers.

Committee Member Burns asked what the setbacks are for a buildable envelope in a Residential Zone. Brittany Dobrindt, Planner I advised that a property that is less than 4000 square metres and on municipal servicing only requires 7 metres for a rear yard setback in the Residential zone.

Following the vote, Committee Chair Rogers advised that the application is approved subject to a 20-day appeal period and two years to meet all conditions.

• Moved By Chris Burns
  Seconded By Joseph Bonello
  1. That the Committee of Adjustment receive Report No. DS-2024-0043 prepared by the Development Planning Division, Development Services Department, dated July 29, 2024 respecting Consent Application B18-23, submitted by the owners for the property municipally addressed as 375 Lake Drive North, Keswick; and,

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigating and a further meeting, Staff recommend the following:
     1. That the Committee of Adjustment approve Consent Application B18-23 as it pertains to the property known as 375 Lake Drive North, Keswick, to sever and convey Subject Land ‘A’ from Remainder Land ‘B’, as shown in Attachment 3 to Report No. DS-2024-0043; and,

     2. That the approval of Consent Applications B18-23 be subject to the following condition(s):
        1. Submission to the Secretary-Treasurer of two (2) white prints of a deposited reference plan of survey to conform substantially with the applications, as submitted;
        2. Submission to the Secretary-Treasurer of draft transfer documents, in duplicate, conveying Subject Land ‘A’, as indicated on Attachment 3 to Report No. DS-2024-0043;
        3. Submission to the Secretary-Treasurer of written confirmation from The Town of Georgina Development Planning Division that there is sufficient water supply and sewage capacity allocated for Subject Land ‘A’;
        4. Submission to the Secretary-Treasurer of written confirmation from The Town of Georgina Policy Planning Division that an arborist report inclusive of a tree inventory for the existing trees on site has been provided, to the satisfaction of the Division;
        5. Submission to the Secretary-Treasurer of written confirmation from The Town of Georgina Development Planning Division that Subject Land ‘A’ has been assigned a civic address;
        6. Submission to the Secretary-Treasurer of written confirmation from The Town of Georgina Development Engineering Division that all matters identified in Attachment 4 to Report No. DS-2024-0035 have been addressed to the Division’s satisfaction;
        7. Submission to the Secretary-Treasurer of written confirmation from York Region that all matters identified in Attachment 4 to Report No. DS-2024-0035 have been addressed to the Region’s satisfaction
        8. Submission to the Secretary-Treasurer of written confirmation from The Town of Georgina Development Planning Division that a deeming by-law has been registered on title or written confirmation that a deeming by-law is not required; and,
        9. That the above-noted conditions be fulfilled within two (2) years of the date of the Notice of Decision.

  
  
  
  Carried Unanimously

7.

APPLICATIONS FOR MINOR VARIANCE

1.

MINOR VARIANCE APPLICATION A07-24 19 MUM’S AVENUE, SUTTON PLAN 427 LOT 105

The owner Wei Hwa, spoke to the application.

Monika Sadler, Planner I, did a presentation on the Application.

There were two (2) Public Comments and no public speakers.

Committee Member Burns asked how would you get access to this garage. Mr. Hwa advised that the access will be from the east side of the house as there will be a gravel driveway.

Committee Member Burns, asked Monika Sadler, Planner I, how this is in keeping with the residential neighborhood as this is more of an industrial building. Monika Sadler, Planner I advised that a home industry is not permitted, and the applicant confirmed it is not the intended purpose, a lot of the sheds and garages are in the rear yard with the same cladding. They are not the same height as peaked roofs can go up to 6 metres, as this isn’t peaked than the maximum height is 4 metres.

Committee Member Chris Burns made a motion to deny this application. This was not seconded.

Following the vote, Committee Chair John Rogers advised that the application is approved subject to a 20-day appeal period and two years to meet all conditions.

• Moved By Lynda Rogers
  Seconded By Joseph Bonello
  1. That the Committee of Adjustment receive Report No. DS-2024-0039 prepared by the Development Planning Division, Development Services Department, dated July 29, 2024, respecting Minor Variance Application A07-24, for the property municipally addressed as 19 Mum’s Avenue, Sutton; and,

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigation and a further meeting, Staff recommend the following:
     1. That the Committee of Adjustment approve Minor Variance Application A07-24 to permit relief from the following:

        Section 5.1 (f): To permit an accessory structure with a height of 5.49 metres, whereas the maximum height of an accessory structure cannot exceed 4.5 metres from the average grade to the highest point of the structure;

     2. That the approval of Minor Variance Application A07-24 be subject to the following term(s):
        1. That the proposed accessory structure be constructed in general conformity with Attachment 3 to Report DS-2024-0039, in accordance with the relief recommended to be approved in Recommendation 2a);

  
  
  
  Carried

2.

MINOR VARIANCE APPLICATION A05-24 22847 HIGHWAY 48 CON 8 PT LOT 1

The Agent, Gord Mahoney, spoke to the application.

Brittany Dobrindt, Planner I, made a presentation on the application.

There were no written comments or public speakers.

Committee Member Burns asked Brittany Dobrindt, Planner I if she could elaborate on the second term being an occupancy certificate to be issued within five years. Brittany Dobrindt, Planner I advised that the proposal will not be allowed to proceed, and they will need to request additional relief from the committee.

Committee Member Burns then asked Mr. Mahoney if his client has any issue with moving the vinyl structure that was encroaching. Mr. Mahoney advised that it has been moved and they are just waiting on approval.

Following the vote, Committee Chair John Rogers advised that the application is approved subject to a 20-day appeal period and two years to meet all conditions.

• Moved By Chris Burns
  Seconded By Lynda Rogers
  1. That the Committee of Adjustment receive Report No. DS-2024-0044 prepared by the Development Planning Division, Development Services Department, dated July 29, 2024, respecting Minor Variance Application A05-24, for the property municipally addressed as 22847 Highway 48.

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigation and a further meeting, Staff recommend the following:
     1. That the Committee of Adjustment approve Minor Variance Application A05-24 to permit relief from the following sections of Zoning By-law 500:
        1. Section 6.1(f): To permit a dwelling with an interior side yard setback of 2m; whereas, a minimum interior side yard of 9 metres, except that an interior side yard may be reduced to 3 metres when the exterior wall facing said yard contains no habitable room windows or where the lot is less than 4,000 sq metres, is permitted.
        2. Section 5.11.2 (d): To permit a replacement of a building or structure more than one year from the date that it is demolished or destroyed by fire; whereas, replacement within one year is permitted.
        3. Section 5.12: To permit a 3.35 metre high fence with nil front yard and interior side yard setbacks; whereas, adherence to the minimum yard requirements is required for a fence with a maximum height exceeding 2 metres.

     2. That the Committee of Adjustment approve Minor Variance Application A05-24 to permit relief from the following sections of Zoning By-law 600, which will be implemented at the time Zoning By-law 600 is in force and effect:
        1. Section 2.82: To define ‘existing’ as meaning a dwelling that legally existed prior to May 2023 and which was demolished under building permit GP-2022-121-REV due to a fire; whereas, the definition of ‘existing’ is defined as a building, structure or use existing as of the date of passing of this By-law and which has continued to exist to present.
        2. Section 5.8: To permit a 3.35 metre high fence with nil front yard and interior side yard setbacks; whereas, adherence to the minimum yard requirements is required for a fence with a maximum height exceeding 2 metres.

     3. That the approval of Minor Variance Application A05-24 be subject to the following term(s):
        1. That the proposed single detached dwelling be constructed in general conformity with Attachment 3 to Report DS-2024-0044, in accordance with the relief recommended to be approved in Recommendation 2 a) and b).
        2. That the occupancy permit for the dwelling be granted within 5 years of the passing of this minor variance
        3. That only the existing fence, or similarly located replacement, as shown in Attachment 2 to Report DS-2024-0044, be permitted, and that the top most rail should be level and not in line with the grade.

     4. That the approval of Minor Variance Application A05-24 be subject to the following condition(s):
        1. Submission to the Secretary-Treasurer of written confirmation from the Lake Simcoe Region Conservation Authority that all matters identified in Attachment 4 to Report No. DS-2024-0044 have been addressed to their satisfaction;
        2. Submission to the Secretary-Treasurer of written confirmation from the Development Engineering Division that all matters identified in Attachment 4 to Report No. DS-2024-0044 have been addressed to their satisfaction;
        3. That the application re-circulation fee be paid to the satisfaction of the Development Planning Division;
        4. That any accessory structures encroaching onto neighbouring properties be relocated or removed, to the satisfaction of the Development Planning Division; and,
        5. That the above noted condition(s) be fulfilled within two (2) years of the date of the Notice of Decision.
  
  
  
  Carried Unanimously

3.

MINOR VARIANCE APPLICATION A08-24 281 PARKWAY AVENUE, KESWICK PLAN 231 LOT 230

The Agent, Brian Hong, spoke to the application.

Monika Sadler, Planner I, did a presentation to the application.

There were no public comments or speakers.

Committee Member Burns asked how someone would maintain the side of their house with less then 2 ft of a side yard. He asked why the only option for an addition is a second floor. Mr. Hong advised that he was hired to prepare the draining plan at that time he realized it did not comply with the By-Laws, he advised that all the designs were complete, so they opted for a minor variance.  

Following the Vote, Committee Chair Rogers advised that the application was denied by committee.

• Moved By Chris Burns
  Seconded By Lynda Rogers
  1. That the Committee of Adjustment receive Report No. DS-2024-0038 prepared by the Development Planning Division, Development Services Department, dated July 29, 2024, respecting Minor Variance Application A08-24, for the property municipally addressed as 281 Parkway Avenue; and,

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigation and a further meeting, Staff recommend the following:
     1. That the Committee of Adjustment approve Minor Variance Application A08-24 to permit relief from the following:

        Section 6.1 (f): To permit a dwelling with an interior side yard setback of 0.55 metres, whereas a minimum interior side yard setback of 1.2 metres is required;

     2. That the approval of Minor Variance Application A08-24 be subject to the following term(s):
        1. That the proposed addition be in compliance with the Ontario Building Code regarding windows which are less than 0.6 metres from the property line; and

        2. That the proposed addition be constructed in general conformity with Attachment 3 to Report DS-2024-0038, in accordance with the relief recommended to be approved in Recommendation 2a);

     3. That the approval of Minor Variance Application A08-24 be subject to the following condition(s):
        1. Submission to the Secretary-Treasurer of written confirmation from the Development Engineering Division that all matters identified in Attachment 4 to Report No. DS-2024-0029 have been addressed to their satisfaction;

        2. Submission to the Secretary-Treasurer of written confirmation from the Building Division that all matters identified in Attachment 4 to Report No. DS-2024-0029 have been addressed to their satisfaction; and,

        3. That the above-noted condition(s) be fulfilled within two (2) years of the date of the Notice of Decision.
  
  
  
  Carried Unanimously

4.

MINOR VARIANCE APPLICATION A11-24 AND A12-24 15 AND 17 JEANNE PYNN AVENUE, SUTTON PLAN 65M-4802 LOT 4 AND 3

The Agent, Darryl Middleton from RN Design spoke to the application.

Monika Sadler, Planner I, did a presentation on the application.

There were no written comments or public speakers

Committee Member Burns asked if the lots have been sold, were they previously sold and made to accommodate the easement or were they sold in this manner with the easement in place. Mr. Middleton advised that they were sold after the easement was put in

Following the vote, Committee Chair John Rogers advised that the application is approved subject to a 20-day appeal period.

• 1. That the Committee of Adjustment receive Report No. DS-2024-0037 prepared by the Development Planning Division, Development Services Department, dated July 29, 2024, respecting Minor Variance Applications A11-24 and A12-24, for the property municipally addressed as 15 and 17 Jeanne Pynn Avenue, Sutton; and,

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigation and a further meeting, Staff recommend the following:
     1. That the Committee of Adjustment approve Minor Variance Application A11-24 to permit relief from the following:
        1. Section 7.5.94 a) iii): To permit an interior side yard of 0.65 metres paired with an interior side yard of 1.26 metres on an abutting lot, whereas all interior side yards of less than 1.2 metres shall be paired together on abutting lots;

     2. That the Committee of Adjustment approve Minor Variance Application A12-24 to permit relief from the following:
        1. Section 7.5.94 a) iii): To permit an interior side yard of 0.65 metres paired with an interior side yard of 1.25 metres on an abutting lot, whereas all interior side yards of less than 1.2 metres shall be paired together on abutting lots;

     3. That the approval of Minor Variance Applications A11-24 and A12-24 be subject to the following term(s):
        1. That the proposed single detached dwellings be constructed in general conformity with Attachment 2 to Report DS-2024-0037, in accordance with the relief recommended to be approved in Recommendation 2a) and 2b).
  
  
  
  

5.

MINOR VARIANCE APPLICATION A39-21 40 LAURELBANK CRESCENT PLAN 65M3797 LOT 108

The Owner, Tammy Elmer spoke to the application.

Brittany Dobrindt, Planner I, did a presentation on this application.

There were no public comments or speakers.

Following the vote, Committee Chair John Rogers advised that the application is approved subject to a 20-day appeal period.

• 1. That the Committee of Adjustment receive Report No. DS-2024-0040 prepared by the Development Planning Division, Development Services Department, dated July 29, 2024, respecting Minor Variance Application A39-21, for the property municipally addressed as 40 Laurelbank Crescent.

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigation and a further meeting, Staff recommend the following:
     1. That the Committee of Adjustment approve Minor Variance Application A39-21 to permit relief from the following:
        1. Section 7.5.50 a): To permit a dwelling with an interior side yard setback of 1.2 metres; whereas, where there is not an attached garage on a lot, a minimum interior side yard on one side of 2.5 metres is required.
        2. Section 7.5.50 b): To permit a lot without a garage; whereas, every lot is required to provide a garage.
        3. Section 5.28: To permit 2 parking spaces for a single detached dwelling with an accessory apartment; whereas, a minimum of 3 parking spaces are permitted

  
  
  
  

6.

MINOR VARIANCE APPLICATION A45-21 21058 DALTON ROAD PART OF LOT 23 AN

The Owner, Trevor Nolan spoke to the application.

Monika Sadler, Planner I, did a presentation on this application.

There were no public comments or speakers.

Committee Member Burns asked if a building permit would be required for this shed. Monika Sadler, Planner I advised that the building permit was applied for as it was built without a permit, that is why engineering is requiring a lot grading and drainage plan. Committee Member Burns than asked why it is a condition of the variance. Monika Sadler, Planner I advised that Engineering they require the plan because the shed is already there. Mr. Nolan advised that the permit has been applied for.

Following the vote, Committee Chair John Rogers advised that the application is approved subject to a 20-day appeal period and 2 years to fulfill the conditions.

• 1. That the Committee of Adjustment receive Report No. DS-2024-0036 prepared by the Development Planning Division, Development Services Department, dated July 29, 2024, respecting Minor Variance Application A45-21, for the property municipally addressed as 21058 Dalton Road; and,

  2. That in the event no public or Committee concerns are raised at the meeting warranting investigation and a further meeting, Staff recommends the following:
     1. That the Committee of Adjustment approve Minor Variance Application A45-21, to permit relief from the following:
        1. Section 5.1(b): to permit an accessory structure in an exterior side yard, whereas accessory structures are only permitted in the rear or interior side yard; and,

        2. Section 5.1(d): to permit an accessory structure with a side yard setback of 0.00 metres from the side lot line, whereas a minimum setback of 1.0 metre is required;

        3. Section 5.30: To permit the minimum exterior side yard setback to be applied from the existing exterior side lot line, whereas Section 5.30 requires the minimum exterior side yard setback to be applied from the planned width of street allowance where it lies within the lot;
     2. That the approval of Minor Variance Application A45-21 be subject to the following terms:
        1. That the accessory structure in the exterior side yard area be in general conformity with Attachment 2 to Report DS-2024-0036, and in accordance with the relief recommended to be approved in Recommendation 2 a); and,

     3. That the approval of Minor Variance Application A45-21 be subject to the following conditions:
        1. Submission to the Secretary-Treasurer of written confirmation from The Town of Georgina Development Engineering Division that all matters identified in Attachment 4 to Report No. DS-2024-0036 have been addressed to the Division’s satisfaction; and,

        2. That the above-noted condition(s) be fulfilled within two (2) years of the date of the Notice of Decision.
  
  
  
  

8.

POWER OF SALE/FORECLOSURE/VALIDATION OF TITLE APPLICATIONS

None. 

9.

MINUTES OF PREVIOUS MEETING

None. 

10.

COMMUNICATIONS

None. 

11.

OTHER BUSINESS

Committee Member Burns thanked Monika Sadler, Planner I and Brittany Dobrindt, Planner I. Committee Member Bonello asked about the ID cards for Committee Members. Matthew Ka advised that he spoke with the IT department and they are looking into getting cards without a chip in it, they are in the process of this and are just awaiting confirmation from IT. 

12.

NEXT MEETING

Next Meeting is August 26, 2024.

13.

ADJOURNMENT

Meeting was adjourned.