THE CORPORATION OF THE
TOWN OF GEORGINA
Committee of Adjustment

Monday, July 29, 2024

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

Town of Georgina Civic Centre

26557 Civic Centre Rd.

Keswick, ON

---

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.”

2.

INTRODUCTION OF ADDENDUM ITEM(S)

3.

DECLARATION OF PECUNIARY INTEREST

4.

EXPLANATION OF HEARING PROCEDURE

5.

REQUESTS FOR DEFERRAL OR WITHDRAWL

6.

APPLICATIONS FOR CONSENT

1.

CONSENT APPLICATION B18-23 375 LAKE DRIVE NORTH

• 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.

7.

APPLICATIONS FOR MINOR VARIANCE

1.

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

• 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);

2.

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

• 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.

3.

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

• 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.

4.

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

• 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

• 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

• 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

9.

MINUTES OF PREVIOUS MEETING

10.

COMMUNICATIONS

11.

OTHER BUSINESS

12.

NEXT MEETING

Next Meeting is August 16, 2024.

13.

ADJOURNMENT