II11 MISSISSAUGA COMMITTEE OF ADJUSTMENT AGENDA · 2015-04-24 · a-156/15 eugen & maria cojocaru...

MISSISSAUGA

II11 COMMITTEE OF ADJUSTMENT AGENDA '

Location: COUNCIL CHAMBER Hearing: MARCH 26, 2015AT 1:30 P.M.

1. CALL TO ORDER 2. DISCLOSURES OF DIRECT OR INDIRECT PECUNIARY INTEREST 3. REQUESTS FOR WITHDRAWAL/DEFERRAL

File Name of Applicant Location of Land Ward Disposition

NEW APPLICATIONS - {CONSENT}

B-012/15 & DERRY TEN LIMITED 6730 HURONTARIO ST 5 Approved B-013/15

B-014/15 ERIN MILLS DEVELOPMENT 3995 NINTH LINE 8 Approved CORPORATION

DEFERRED APPLICATIONS - {CONSENT} B-055/14 SARUP ENTERPRISES INC 35 COURTNEYPARK DR W 5 June4 A-354/14 A-355/14

NEW APPLICATIONS -{MINOR VARIANCE} A-155/15 PAT LONG & LAURA ROMANO-LONG 603 EXBURY CRES 1 Approved

A-156/15 EUGEN & MARIA COJOCARU 1151 KANE RD 2 Approved

A-157/15 BALASINGAM & PAVANY 402 DERRYDALE DR 11 Approved GUNASEKARAN

A-158/15 KERRY PARR 1056 SHAW DR 1 Approved

A-159/15 MACIEJ FIEDUNA 926 MARAMIS CRT 2 Approved

A-160/15 MIDWAY INVADER INCORPORATED 6809 INVADER CRES 5 Approved 5 Years

A-161/15 SHAILTEL INTERNATIONAL INC 290 DERRY RD W 11 Approved

A-162/15 THE TORONTO FRENCH SCHOOL 1293 MEREDITH AVE 1 Approved

A-163/15 LAZAR DAWOOD 7360 ZINNIA PL 11 Approved

A-164/15 HENRY DELANEY 1043 SHAW DR Approved

A-165/15 TOMO & MARIJA FLANJAK 15 SHADY LAWN CRT 11 May?

A-166/15 KEVIN SOWA 1200 WOODEDEN DR 2 Approved

A-167/15 CITY OF MISSISSAUGA 39 BEVERLEY ST 5 Approved

A-168/15 PSCC #820 230 PAISLEY BLVD W 7 ApprovE;!<:L .

DEFERRED APPLICATIONS -{MINOR VARIANCE)

A-011/15 LAIS VESCIA DE AZAMBJA 27 BROADVIEW AVE Withdrawn

A-031/15 BRSD HOLDINGS INC 2645 LIRUMA RD 2 Approved

A-53/15 R HENDERSON INC 2520 HAINES RD 1 June 11

A-134/15 JAN & WIESLAWA KAZULA 1326 KENMUIR AVE 1 April 23

C:\Users\marjalMppData\Local\Mlcrosoft\Windows\Temporary Internet Flles\Conteni.OuUook\6KYV4T18\0lsp-2015-3-26-BA130.doc; 2015/04/06; 1 :54:24 PM Page: 1 of 1

M MISSISSaUGa .

COMMITTEE OF ADJUSTMENT

IN THE MATTER OF SECTION 50(3) AND/OR (5) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF AN APPLICATION BY

DERRY TEN LIMITED

on Thursday March 26, 2015

File: "B" 012/15 WARDS

Derry Ten Limited is the owner of part of Lots 9 & 10, Concession 1, WHS, located and known as 6730 Hurontario Street, zoned H-El-28 & H-E2-126 - Employment (Holding). The applicant requests the consent of the Committee to the conveyance of a parcel of land having a frontage of approximately 78.73 m (258.30 ft.) and an area of approximately 1.62 ha (4.00 acres). The effect of the application is to create a new lot for commercial purposes.

Mr. T. Pierce, authorized agent, attended and presented the application to convey a parcel of land for the creation of a new lot for employment purposes. He advised the Committee that the subject property would be developed as part of a larger commercial centre with a variety .of uses. He noted he wished to amend the application to allow for easements for driveways and access purposes.

The Committee reviewed the information submitted with the application.

The Committee received comments and recommendations from the following agencies:

City of Mississauga, Planning and Building Department (March 25, 2015), City of Mississauga, Transportation and Works Department (March 19, 2015), Region of Peel, Environment, Transportation and Planning Services (March 23, 2015),

No other persons expressed any interest in the application.,

The Committee consented to the request to amend the application to include easements for driveway and access purposes.

The Secretary-Treasurer reviewed the recommended conditions for the Committee's consideration should the application be approved.

Mr. Pierce consented to the imposition of the proposed conditions.

The Committee, after considering the submissions put forward by Mr. Pierce, the comments received, the recommended conditions, and the amended request to permit conveyance of a 'parcel of land having a frontage of approximately 78.73 m (258.30 ft.) and an area of approximately 1.62 ha (4.00 acres) and for the creation of easements for driveway and access purposes, is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality.

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The Committee, having regard to those matters under subsection 51(24) of the Planning Act R.S.O. 1990, c. P.13., as amended, resolves to grant provisional consent subject to the following conditions being fulfilled:

1. Approval of the draft reference plan(s), as applicable, shall be obtained at the Committee of Adjustment office, and; the required number of prints of the resultant deposited reference plan(s) shall be received.

2. An application amendment letter shall be received from the applicant or authorized agerit confirming that the conveyed land shall be together with and/or subject to services easement(s) and/or right(s)-of-way, if necessary, in a location and width as determined by the Secretary-Treasurer based on written advice from the agencies having jurisdiction for any service or right for which the easement or right-of-way is required; alternatively, a letter shall be received from the applicant or authorized agent confirming that no services easement(s) and/or right(s)-of-way, are necessary.

3. A letter shall be received from the City of Mississauga, Manager of Zoning Plan Examination, indicating that the conveyed land and retained lands comply with the provisions of the Zoning By-law, or alternatively; that any variances are approved by the appropriate authorities and that such approval is final and binding.

4. A letter shall be received from the City of Mississauga, Transportation and Works Department, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated March 19, 2015.

5. A letter shall be received from the Region of Peel, Environment, Transportation and Planning Services, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated March 23, 2015.

6. The Secretary-Treasurer's Certificates under the Planning Act shall be issued, simultaneously, with respect to the "severed" land of applications "8"012-013/15.

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MOVED BY: D. George SECONDED BY:

Application Approved on conditions as stated.

Dated at the City of Mississauga on April 2, 2015.

S. Patrizio


CARRIED

THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE APRIL 26, 2015.

Date of mailing is April 6, 2015.

R. BENNETT (CHAIR) PJ7HOMAS

A~· -- .

ABSENT

D.KENNEDY L. DAHONICK

J. ROBINSON

I certify this to be a true copy of the Committee's decision given on April 2, 2015.

DAVID L. MARTIN, SECRETARY-TREASURER

NOTES:

The decision to give prov,isional consent shall be deemed to be refused if the conditions of provisional consent, have not been fulfilled on or before April 6, 2016.

See "SUMMARY OF APPEAL PROCEDURES" and "FULFILLING CONDITIONS & CERTIFICATE ISSUANCE" attached.

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IN THE MATTER OF SECTION 50(3) AND/OR (5) of The Planning Act R.S.O. 1990." c.P.13, as amended


DERRY TEN LIMITED



Derry Ten Limited is the owner of part of Lots 9 & 10, Concession 1, WHS, , located and known as 6730 Hurontario Street, zoned H-El-28 & H-E2-126 - Employment (Holding). The applicant requests the consent of the Committee to the conveyance of a parcel of land having a frontage of approximately 64.72 m (212.33 ·ft.) and an area of approximately 1.13 ha (2.81 acres). The effect of the ai::iplication is to create a new lot for commercial purposes.

Mr. T. Pierce, authorized agent, attended and presented the application to convey a parcel of land for the creation of a new lot for employment purposes. He advised the Committee that the subject property would be developed as part of a larger commercial centre with a variety of uses. He noted he wished to amend the application to allow for easements for driveways and access purposes.



City of Mississauga, Planning and Building Department (March 25, 2015), City of Mississauga, Transportation and Works Department (March 19, 2015), Region of Peel, Environment, Transportation and Planning Services (March 23, 2015),

No other persons expressed any interest in the application.

The Committee consented to the request to amend the application to include easements for driveway and access purposes.


Mr. Pierce consented to the imposition of the proposed conditions.

The Committee, after considering the submissions put forward by Mr. Pierce, the comments received, the recommended conditions, and the amended request to permit conveyance of a parcel of land having a frontage of approximately 78.73 m (258.30 ft.) and an area of approximately 1.62 ha ( 4:00 ·acres) and for the creation of easements for driveway· and access purposes, is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality.

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The Committee, having regard to those matters under subsection 51(24) of the Planning Act R.S.O. 1990, c. P.13., as amended, resolves to grant provisional consent subject to the following conditions being fulfilled:

1. Approval of the draft reference plan(s), as applicable, shall be obtained at the Committee of Adjustment office, and; the required number of prints of the resultant deposited reference plan(s) shall be received.

2. An application amendment letter shall be received from the applicant or authorized agent confirming that the conveyed land shall be together with and/or subject to services easement(s). and/or right(s)-of-way, if necessary, in a location and width as determined. by the Secretary-Treasurer. based on written advice from the agencies having jurisdiction for any service or right ·for which the easement or right-of-way is required; alternatively, a letter shall be received from the applicant or authorized agent confirming that no services easement(s) and/or right(s)-of-way, are necessary.

3. A letter shall be received from the City of Mississauga, Manager of Zoning Plan Examination, indicating that the conveyed land and retained lands comply with the provisions of the Zoning By-law, or alternatively; that any variances are approved by the appropriate authorities and that such approval is final and binding.

4. A letter shall be received from the City of Mississauga, Transportation and Works Department, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated March 19, 2015.

5. A letter shall be received from the Region of Peel, Environment, Transportation and Planning Services, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated March 23, 2015.

6. The Secretary-Treasurer's Certificates under the Planning Act shall be issued, simultaneously, with respect to the "severed" land of applications "8"012-013/15.

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MOVED BY: D. George SECONDED BY:



S. Patrizio


CARRIED



S.P~ R. BENNETT (CHAIR)

--~~. ABSENT

D. KENNEDY L. DAHONICK

J. ROBINSON



NOTES:

The decision to give provisional consent shall be deemed to be refused if the conditions of provisional consent, have not been fulfilled on or before April 6, 2016.


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MISSISSaUGa


IN THE MATTER OF SECTION 50(3) AND/OR (5) of The Planning Act R.S.0. 1990, c.P.13, as amended


ERIN MILLS DEVELOPMENT CORPORATION



Erin Mills Development Corporation is the owner of part of Lot 9, Registrar's Compiled Plan 1542, located and known as 3995 Ninth Line, zoned E2-93 - Employment. The applicant requests the consent of the Committee to the conveyance of a parcel of land having a frontage of approximately 41.148 m (135.00 ft.) and an area of approximately 1.25 ha (3.09 acres). The effect of the application is to lease the conveyed lands in excess of 21 years and for the creation of rights-of-way for access purposes.

Mr. B. Judges, authorized agent, attended and presented the application for the creation of a lease of part of the property in excess of 21 years for employment purposes.



City of Mississauga, Planning and Building Department (March 20, 2015), City of Mississauga, Transportation and Works Department (March 19, 2015), Halton Region Conservation (March 9, 2015), The Ministry of Transportation (March 10, 2015), ·



Mr. Judges consented to the imposition of the proposed conditions.

The Committee, after considering the submissions put forward by Mr. Judges, the comments received and the recommended conditions, is satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality.

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MISSISSaUGa File: "B" 014/15

WARDS

· The Committee, having regard to those matters under subsection 51(24) of the Planning Act R.S.O. 1990, c. P.13., as amended, resolves to grant provisional consent subject to the following conditions being fulfilled:

1. Approval of the draft reference plan(s), as applicable, shall be obtained at the Committee of Adjustment office, and; the required number of pririts of the resultant

· deposited reference plan(s) shall be received.

2. · An application amendment letter shall be received from the applicant or authorized agent confirming that the conveyed land shall be. together with and/or subject to services easement(s) and/or right(s)-of-way, if necessary, in a location and width as determined by the Secretary-Treasurer based on written advice from the agencies having jurisdiction for any service or right for which the easement or right-of-way is required; alternatively, a letter shall be received from the applicant or authorized agent confirming that no services easement(s) and/or. right(s)-of-way, are necessaty.

3. A letter shall be received from the City of Mississauga, Manager of Zoning Plan . Examination, indicating that the conveyed land and retained lands comply with the provisions of the Zoning By-law, or alternatively; that any variances are approved by the appropriate authorities and that such approval is final and binding.

4. A letter shall be received from the City of Mississauga, Transportation and Works Department; indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated March 19, 2015.

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MOVED BY: J. Robinson SECONDED BY:



D. George

File: "B" 014/1'5 WARDS

CARRIED



R. BENNETT (CHAIR)

ABSENT


'-JE; ... 1-· --J. ROBINSON

I certify this to be a true copy of the Com~~


NOTES:

The decision to give provisional consent shall be deemed to be refused if the conditions of provisional consent. have not been fulfilled on or before April 6, 2016.


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IN THE MA HER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended

- and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -

IN THE MA HER OF AN APPLICATION BY

PAT LONG & LAURA ROMANO-LONG


File: "A" 155/15 WARDl

Pat Long & Laura Romano-Long are the owners of Lot 18, Registered Plan M-460, located and known as 603 Exbury Crescent, zoned R3-1 - Residential. The applicants request the Committee to authorize a minor variance to permit the construction of a detached garage and gazebo and to permit the existing driveway to remain on the subject property proposing:

1. a height of 3.78 m (12.40 ft.) for the proposed gazebo; whereas By-law 0225-2007, as amended, permits a maximum height of 3.00 m (9.84 ft.) in this instance;

2. a driveway width of 2.31 m (7.57 ft.); whereas By-law 0225-2007, as amended, requires a minimum driveway width of 2.60 m (8.53 ft.) in this instance; and,

3. a setback of 0.00 m (0.00 ft.) from the driveway to the side property line; whereas By-law 0225-2007, as amended, requires a minimum setback of 0.61 m (2.00 ft.) from

_ the driveway to the side property line in this instance.

Mr. R. Kossak, authorized agent, attended and presented the application to permit the demolition of the existing detached garage and to permit the construction of a new detached garage of similar dimensions together with an a gazebo attached to the side wall of the garage. Mr. Kossak advised the Committee that the proposed garage would be nearly identical in size, setback and height as the previous garage and noted that the attached gazebo required relief for the proposed height to allow for the gazebo to match the architectural aesthetics of the garage.

Mr. Kossak advised the Committee that the existing driveway did not comply with the Zoning By-law and that this non-compliance was a historical condition. He suggested that the maintenance of the driveway in its current form was appropriate.

The Committee reviewed the information and plans submitted with the application.

The City of Mississauga Planning and Bµilding Department commented as follows (March 20, 2015):

"1.0 RECOMMENDATION

The Planning and Building Department ·has no objE:ictiori to the requested variances, as .amended. However, the applicant may wish to defer the application to submit the required Site Plan and Building Permit applications to confirm the accuracy of the requested variances and to determine whether additional variances will be required.

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2.0 BACKGROUND

Mississauga Official Plan

Character Area: Designation:

Zoning By-law 0225-2007

M MISSISSaUGa

Mineola Neighbourhood Residential Low Density II

Zoning: "R3-1", Residential

3.0 OTHER APPLICATIONS

D SitePlan D Building Permit

4.0 COMMENTS

File: Required - No application received File: Required - No application received


We note that Site Plan and Building Permit applications are required and in the absence of a Site Plan application or a Building Permit application, we are unable to verify the accuracy of the requested variance or determine whether additional variances will be required. In order to confirm the accuracy of the requested variance, the applicant may apply for a Pre-Zoning Review application and submit working drawings in order that a detailed zoning review may be completed. A minimum of four (4) weeks will be required to process a Pre-Zoning Review application depending on the complexity of the proposal and the detail of the information submitted.

We further advise that based on the information provided with the minor variance request, it appears that variance #1 should be amended to indicate a height of 4.60 m (15.09 ft.).

In regards to variance #1 as amended, we note that the height of the gazebo is proposed to match the height of the detached garage and appears to be an extension of the garage structure. In addition, the gazebo is located internal to the rear yard.

In regards to variances #2 and #3, we note that the driveway is currently existing and the deficiency is a result of the location of the existing dwelling.

Based on the preceding information, we have no objection to the requested variances, as amended."

The City of Mississauga Transportation and Works Department commented as follows (March 20, 2015):

"This department has no objections to the applicant's request. We are noting for information purposes that any Transportation and Works Department concerns/requirements for this property will be addressed through the Building Permit process."


Mr. Kossak upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations. He confirmed that the balance of the application was correct.

The Committee consented to the request and, after considering the submissions put forward by Mr. Kossak and having reviewed the plans and comments received, is satisfied that the amended· request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the amended request is minor in nature in this instance.

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Accordingly, the Committee resolves to authorize and grant the amended request to permit the construction of a detached garage and gazebo and to permit the existing driveway to remain on the subject property proposing:

1. a height of 4.60 m (15.09 ft.) for the proposed gazebo; whereas By-law 0225-2007, as amended, permits a maximum height of 3.00 m (9.84 ft.) in this instance;

2. a driveway width of 2.31 m (7.57 ft.); whereas By-law 0225-2007, as amended, requires a minimum driveway width of 2.60 m (8.53 ft.) in this instance; and,

3. a setback of 0.00 m (0.00 ft.) from the driveway to the side property line; whereas By-law 0225-2007, as amended, requires a minimum setback of 0.61 m (2.00 ft.) from the driveway to the side property line in this instance.

MOVED BY: D. George SECONDED BY: D.Kennedy CARRIED

Application Approved, as amended.


THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON·OR BEFORE APRI~ 22, 2015.

R. BENNETT (CHAIR)

ABSENT

D.KENNEDY. L. DAHONICK

.JJ!?J--· -J. ROBINSON

I certify this to be a true copy of the Committee's decision· given on April 2, 2015.

·~SURER A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

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IN THE MATTER OF SECTION 45(1) OR (2) of The Planning Act R.S.O. 1990, c.P.13, as amended


as amended - and -

IN THE MATTER OF AN APPLICATION BY

EUGEN & MARIA COJOCARU


File: "A" 156/15 WARD2

Eugen & Maria Cojocaru are the owners of Lot 6, Registered Plan M-794, located and known ·as 1151 Kane Road, zoned R2-1 - Residential. The applicants request the Committee to authorize a minor variance to permit the construction of a new porch and a second storey addition on the existing dwelling on the subject property proposing: ·

1. a front yard of 8.23 m (27.00 ft.) to the second storey addition; whereas By-law 0225-2007, as amended, requires a minimum front yard of 9.00 m (29.52 ft.) in this instance;

2. a front yard of 6.52 m (21.39 ft.) to the proposed porch; whereas By-law 0225-2007, as amended, requires a minimum front yard of 7.40 m (24.28 ft.) in this instance; and,

3. a combined width of the side yards of 6.11 m (20.04 ft.); whereas By-law 0225-2007, as amended, required a minimum combined width of the side yards of 6.91 m (22.67 ft.) in this instance.

Ms. M. Cojocaru, a co-owner of the property, attended and presented the application to permit the construction of a second storey addition above the existing dwelling on the subject property. Ms. Cojocaru advised the Committee that the side walls of the second storey would be build flush with the side walls of the first storey. She suggested that this appropriate as. it allowed for a functional floor plan and an attractive design. She noted that the individual side yards would be sufficient in size.

Ms. Cojocaru indicated that the proposed porch would encroach into the required front yard. She suggested that the proposed design and configuration of the porch was attractive and that the reduced front yard was appropriate in this instance.

The Committee reviewed the information and plans -submitted with the application.

The City of Mississauga Planning and Building Department commented as follows (March 20, 2015):

"1.0 RECOMMENDATION

The Planning and Building Department has no objection to the requested variances, as amended. However, the applicant may wish to ctefer the application to submit the requested information for the Site Plan application to ensure that all required variances have been accurately identified.

2.0 BACKGROUND


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Zoning By-Jaw 0225-2007

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Clarkson-Lorne Park Neighbourhood Residential Low Density I

Zoning: "R2-l", Residential


~ SiteP/an

4.0 COMMENTS

File: SPI 14-126 W2


Based on a review of the Site Plan application for the proposed addition, we advise that the variance request should be amended as follows:

"1. a front yard of 8.29 m (27.19 ft.) to the second storey addition; whereas By-law 0225-2007, as amended, requires a minimum front yard of 9.00 m (29.52 ft.) in this instance;

2. to permit a porch encroachment of 2.73 m (8.96 ft.), whereas By-law 0225-2007, as amended, allows a porch encroachment of 1.6 m (5.25 ft.) in this instance;"

Further, variance #3 should be amended to indicate a combined width of side yards of 6.05 m (19.85 ft.). However, we require additional information in regards to the lot frontage to determine the Zoning By-law requirement.

In addition, we advise that additional information is required to determine whether additional variances will be required.

In regards to variances #1 and #2, we note that the variances are required due to the location of the existing dwelling. With the exception of the proposed porch, which is limited in size, the front yard setback to the existing dwelling will remain. Further, we note that the front fac;:ade of the dwelling generally aligns with the front facades of other houses on the street.

In regards to variance #3, it is our opinion that the request is minor and therefore we have no concerns.



"We note for Committee's information that the City is ·currently processing a Site Plan Application for this property, Reference SP 14/126. Transportation and Works Department concerns/requirements for this property will be addressed through the Site Plan Process."

The Region of Peel, Environment, Transportation and Planning Services, commented as follows (March 23, 2015):

"This property is within the vicinity of a private landfill site with M.O.E. # A220107. It is an inactive landfill located on the southwest corner of Mississauga Rd. and Lakeshore Blvd. It has been cleaned to M.O.E. standards. No further information is available.

This property is within the vicinity of a private landfill site with M.O.E. # A220108. It is an inactive landfill. There are two locations on the northwest corner of Mississauga Rd. and Lakeshore Blvd. It has been cleaned to M.O.E. standards. No further information is available.

This property is within the vicinity of Port Credit Memorial Park/Library. The site is located on a closed landfill site. The site was used for the disposal of flyash and waste. Methane gas and leachate have been detected at the site. An environmental monitoring program is in place and consists of groundwater, surface water. and landfill gas monitoring on a routine

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basis. The site is currently a park complete with library facilities. It is catalogued by the M.O.E as #7069."


Mr. Cojocaru upon hearing the comments of the· Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Mr. Cojocaru and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.



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Accordingly, the Committee resolves to authorize and grant the amended request to permit ttie construction of a new porch and a second storey addition on the existing dwelling on the subject property proposing:

1. a front yard of 8.29 m (27.19 ft.) to the second storey addition; whereas By-law 0225-2007, as amended, requires a minimum front yard of 9.00 m (29.52 ft.) in this instance;

2. to permit a porch encroachment of 2.73 m (8.96 ft.), whereas By-law 0225-2007, as amended, allows a porch encroachment of 1.6 m (5.25 ft.) in this instance; and,

3. a combined width of the side yards of 6.05 m (19.85 ft.); whereas By-law 0225-2007, as amended, required a minimum combined width of the side yards of 6.91 m (22.67 ft.) in this instance.

MOVED BY: S. Patrizio SECONDED BY: D. George CARRIED



THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE· PRESCRIBED FEE ON OR BEFORE APRIL 22, 2015.


R. BENNETT (CHAIR) : ~AS

ABSENT


\J/§1· J. ROBINSON


DAVID L. MARTIN, SECRETARY-TREASURER A copy of Section 45 of t_he Planning.Act, as amended, is attached. NOTES: . ~ A Development Charge may be payable prior to ttie .issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc. ·

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as amended - and -


BALASINGAM & PAVANY GUNASEKARAN


File: "A" 157/15 WARD 11

Balasingam & Pavany Gunasekaran are the owners of Lot 83, Registered Plan M-1758, located and known as 402 Derrydale Drive, zoned RlO - Residential. The applicants request the Committee to authorize a minor variance to permit the existing basement entrance stairwell to remain within the side yard of the subject property proposing a side yard of 0.16 m (0.52 ft.); whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.20 m (3.93 ft.) in this instance.

Mr. B. Gunasekaran, authorized agent, attended and presented the application to permit an existing basement entrance stairwell to remain within the side yard of the subject property. Mr. Gunasekaran advised the Committee that the entrance would be used for personal purposes and that sufficient room was available within the opposite side yard to access the rear yard.



"1.0 RECOMMENDATION

The Planning and Building Department has no objection to the requested variance. However, the applicant may wish to defer the application to submit the required Building Permit application to ensure that all required variances have been accurately identified.

2.0 BACKGROUND



Zoning By~law 0225-2007

Meadowvale Village Neighbourhood Residential Low Density II

Zoning: "RlO", Residential

3.0 OTHER APPLICATIONS.

D Building Permit File: Required - No application received

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4.0 COMMENTS

File: "A" 157 /15 WARD 11

We note that a Building Permit is required and in the absence of a Building Permit application, we are unable to verify the accuracy of the requested variance and determine whether additional variances will be required.

We advise that the intent of the By-law provisions regarding side yard setbacks is to ensure access to the rear yard, to minimize massing impacts and to provide sufficient separation

• distance between dwellings. Based on the site plan drawing provided by the applicant and a recerit site visit, we note that access to the rear yard will be maintained on the eastern side of the dwelling. In addition, construction of the basement entrance stairwell would not have a negative impact on massing or separation distance between dwellings.

Based on the preceding information, we have no objection to the requested variance."


"Enclosed for Committee's easy reference are some photos which depict the existing basement entrance as constructed and also a copy of the Grading Plan prepared for the subject property under Plan of Subdivision 43M-1758. We note that the Grading Plan depicts a split drainage pattern which means that the high point is approximately in the middle of the property and drainage from this point is directed towards both the front and rear of the property. We are also noting that at the time of our site inspection there was snow cover and could not get access to the rear yard."

A letter was received from D. Thangapulavar, a resident of 408 Derrydale Drive, stating an interest in the application.

A letter was received from L. Anthonypillai, a resident of 393 Derrydale Drive, stating concerns with the subject application.


The Committee after considering the submissions put forward by Mr. Gunasekaran and having reviewed the plahs and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.


The Committee is of the opinion that the requested variance is minor in nature in this instance.

Page 2 of 3

M MISSISSauGa

File: "A" 157 /15 WARDll

Accordingly, the Committee resolves to authorize and grant the request as presented.

MOVED BY: D. George SECONDED BY: S. Patrizio CARRIED

Application Approved.




D.GE!d

7

R. BENNETT (CHAIR) '1-HOMAS

ABSENT


J. ROBINSON



A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

Page 3 of 3

M MISSISSaUGa




as amended - and -


KERRY PARR



Kerry Parr is the owner of Lot 62, Registered Plan F-20, located and known as 1056 Shaw Drive, zoned R3 - Residential. The applicant requests the Committee to authorize a minor variance to permit a second storey addition to the existing dwelling on the subject property proposing:

1. a proposed carport and or detached garage on the subject property; whereas By-law 0225-2007, as amended, permits on)y one detached garage or one carport on the subject property in this instance; and,

2. a northerly side yard of 1.44 m (4.72 ft.) to the second storey addition; whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.81 m (5.93 ft.) to the second storey addition in this instance.

Mr. C. Cotte, a representative of the property owner, attended and presented the application to permit the construction of a second storey addition on the existing dwelling and a drive through car port with a second storey containing habitable area to the side of the existing dwelling. Mr. Cotte advised the Committee that the drive through car port would allow for the continued access to the detached garage located in the rear yard of the subject property.



"1.0 RECOMMENDATION

The Planning and Building Department has no objection to the requested variances, as amended.

2.0 BACKGROUND




Lakeview N.eighbourhood Residential low"Density II

Zoning: - "R3", Residential


~ Building P~rmit File: BP 14-4090 Page 1of3

~ MISSISSaUGa

4.0 COMMENTS


Based on a review of the Building Permit application for the proposed addition, we advise that the variance request should be amended as follows:

"The applicant requests the Committee to authorize a minor variance to permit a second storey addition to the existing dwelling on the subject property proposing:

1. an attached garage (carport), and existing detached garage to remain; whereas By-law 0225-2007, as amended, permits only one detached garage or one attached garage in this instance; ·

2. a northerly side yard setback of 1.44 m (4.72 ft.) to the proposed second storey; whereas By-law 0225-2007, as amended, requires a minimum side yard setback of l.81m (5.93 ft.) in this instance." ·

In regards to variance #1, we note that detached garages in rear yards are common in this area of .the City, evidenced by the subject property and neighbouring properties to the north and south. The second storey addition has been designed to allow the property owner to maintain access to the detached garage in the rear yard. In review of the drawings submitted with the minor variance application, we are satisfied that the proposal would not have a negative impact to the adjacent neighbours and the streetscape.

In regards to variance #2, it is our opinion that the request is minor and therefore we have no concerns.


The City of Mississauga Transportation and Works Department commented as follows (March, 20, 2015):

"This department has no objections to the applicant's request. We are noting for information purposes that any Transportation and Works Department concerns/requirements for this property will be addressed through the Building Permit process."


"Please be advised that service connection sizes shall be in compliance with Ontario Building Code and Region of Peel Design Criteria. An upgrade of your existing service may be required. Please note that site servicing approvals will be required prior to building permit."


Mr. Cotte upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Mr. Cotte and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained .in this instance.

The Committee is of the opinion that the amended request is minor in nature in this i~stance.

Page 2 of 3

M MISSISSaUGa


Accordingly, the Committee resolves to authorize and grant the amended request to permit a second storey addition to the existing dwelling on the subject property proposing:

1. an attached garage (carport), and existing detached garage to remain; whereas Bylaw 0225-2007, as amended, permits> only one detached garage or one attached garage in this instance; and,

2. a northerly side yard setback of 1.44 m (4.72 ft.) to the proposed second storey; whereas By-law 0225-2007, as amended, requires a minimum side yard setback of l.8lm (5.93 ft.) in this instance.

MOVED BY: J. Robinson SECONDED BY: D.Kennedy CARRIED



THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FiLING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE APRIL 22, 2015.


R. BENNETT (CHAIR)

ABSENT


~-J. ROBINSON


~ DAVID L. MARTIN, SECRETARY-TREASURER



Page 3 of 3

M MISSISSauGa




as amended - and -


MACIEJ FIEDUNA



Maciej Fieduna is the owner of Lot 8, Registered Plan M-452, located and known as 926 Maramis Court, zoned R4 - Residential. The applicant requests the Committee to authorize a minor variance to permit the existing basement entrance stairwell to remain within the garage on the subject property proposing a rectangular area inside the garage of 3.18 m in width and 5.33 m in depth (10.43 ft. in width and 17.48 ft. in depth); whereas By-law 0225-2007, as amended, requires a minimum rectangular area inside the garage of 2.75 m in width and 6:00 m in depth (9.02 ft. by 19.68 ft.) in this instance.

Mr. Fieduna, the property owner, attended and presented the application to permit the existing basement entrance stairwell to remain within the garage on the subject property providing an insufficient unobstructed area within the garage. Mr. Fieduna advised the Committee that this stairwell accessed storage area within the basement of his dwelling where he stored various work tools and equipment. Mr. Fieduna confirmed that a motor vehicle could still be parking within the garage.



"1.0 RECOMMENDATION

The Planning and Building Department h'as no objection to the requested variances, as amended.

2.0 BACKGROUND




Clarkson-Lorne Park Neighbourhood Residential Low Density II

Zoning: "R4", Residential


~ Building Permit

4.0 COMMENTS

File: BP 14-276

Based on a review of the Building Permit application, we advise that the variance request should be amended as follows:

Page 1of3

M MISSISSaUGa

File: "A" 1S9/15 WARD2

"The applicant requests the Committee to authorize a minor variance to permit the construction of a basement entrance stairwell within the existing garage on the subject property proposing:

1) a rectangular area measured from the inside faces of the garage of 3.18 m in width and 4.85 m in depth (10.43 ft. in width and 15.91 ft. in depth); whereas By-Jaw 0225-2007, as amended, requires a minimum rectangular area of 2.75 m in width and 6.00 m in depth (9.02 ft. by 19.68 ft.) in this instanc~; ·

2) an unobstructed area for parking of 3.18 m in width and 4.85 m in depth (10.43 ft. in width and 15.91 ft. in depth); whereas By-Jaw 0225-2007, as amended, requires a minimum of 2.75 m in width and 5.2 m in depth (9.02 ft. in width and i7.06 ft.) in this instance."

It is our understanding that the request is for the reduced size of the garage to accommodate a basement entrance stairwell. We note that the by-law requirement of two parking spaces can be. accommodated on the existing driveway.

Based on the preceding information, we have no concerns with the requested variances, as amended."


"As the existing basement entrance stairwell located inside the garage does not create any drainage related concerns we have no objections to the request."


"This property is within the vicinity of Lorne Park 7, which is a private landfill site. It is an inactive landfill located south of Lakeshore Blvd., east of Lorne. Park Dr. No further information is available."

A letter was received from the residents of 881 Sweetwater Place & 918, 928, 929, 930, 942, 945, 946, 954, 957 & 958 Maramis Court expressing that they had no concerns with the subject application.


Mr. Fieduna upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Mr. Fieduna and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the general intent and purpose of the Zoning By-Jaw and the Official Plan will be maintained in this instance.


Page 2 of 3

M MISSISSaUGa


Accordingly, the Committee resolves to authorize and grant the amended request to permit the construction of a basement entrance stairwell within the existing garage on the subject property proposing:

1. a rectangular area measured from the inside faces of the garage of 3.18 m in width and 4.85 m in depth (10.43 ft. in width and 15.91 ft. in depth); whereas By-law 0225-2007, as amended, requires a minimum rectangular area of 2.75 m in width and 6.00 m in depth (9.02 ft. by 19.68 ft:) in this instance; and,

2. an unobstructed area for parking of 3.18 m in width and 4.85 m in depth (10.43 ft. in width and 15.91 ft. in depth); whereas By-law 0225-2007, as amended, requires a minimum of 2.75 m in width and 5.2 m in depth (9.02 ft. in width and 17.06 ft.) in this instance.

MOVED BY: D. George SECONDED BY: J. Thomas CARRIED




D.GEOL!!r R. BENNETT (CHAIR) ~WMAS .

ABSENT


J. ROBINSON


DAVID L. MARTIN, SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge;may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

Page 3 of 3

M MISSISSaUGa




as amended - and -


MIDWAY INVADER INCORPORATED


File: "A" 160/15 WARDS

Midway Invader lnco~porated is the owner of Lot 6, Registered Plan M-479, located and known as 6809 Invader Crescent, zoned E2 - Employment. The applicant requests the Committee to authorize a minor variance to permit the operation of a Motor Vehicle Body Repair Facility within Units 2 & 3 of the subject development; whereas By-law 0225-2007, as amended, does not permit a Motor Vehicle Body Repair Facility use on the subject property in this instance.

Mr. V. Fulgenzi, authorized agent, attended· and presented the application to permit the operation of a Motor Vehicle Body Repair Facility within Units 2 & 3 of the subject development. Mr. Fulgenzi advised the Committee that his client would work on new vehicles that were lightly damaged during shipment from the factory to the dealer. He confirmed that the operation would contain a paint spray booth and that such activities were regulated by the Ministry of the Environment. He confirmed that the operation would contain sufficient space for all activities to occur within the unit and that there would be no outdoor storage of any derelict motor vehicles.



"1.0 RECOMMENDATION

The Planning and Building Department has no objection to the requested variance. However, the applicant may wish to defer the application to submit the required Certificate of Occupancy application to ensure that all required variances have been accurately identified.

2.0 BACKGROUND



Northeast Employment Area Business Employment


Zoning: "E2", Employment


D Certificate of Occupancy File: Required - No application received

Page 1of3

M MISSISSauGa

4.0 COMMENTS


We note that a Certificate of Occupancy is required and in the absence of a Certificate of Occupancy application, we are unable to verify the accuracy of the requested variance and determine whether additional variances will be required. We recommend that the applicant submit a C~rtificate of Occupancy application in order to ensure that all required variances have been accurately identified.

Further, we note that the subject lands are designated 'Business Employment' in Mississauga Official Plan, which permits the proposed use of Motor Vehicle Body Repair Facility. In addition·, the lands to the north are zoned for '053' Open Space and the l9nds to the south across Invader Crescent are·· zoned 'E3' Industrial, which would -permit th~ requested use. Therefore, we do not anticipate negative impacts from the proposed Motor Vehicle Body Repair Facility in this instance. ·

· Based on the context of the site, we have no objection to the requested variance."


"Enclosed for Committee's easy reference are a number of photos which depict the subject property."

A letter was received from R. Hendrix, Manager of Real Estate Services for the Catholic Cemeteries & Funeral Services Archdiocese of Toronto, owner of 6933 Tomken Road, noting concerns with any outdoor storage of vehicles, equipment or materials on the property. No other persons expressed any interest in the application.

The Committee after considering the submissions put forward by Mr. Fulgenzi and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate temporary use of the subject property.


The_ Committee is of the opinion that the requested variance is minor in nature in this instance.

Page 2 of 3

M MISSISSaUGa


Accordingly, the Committee resolves to authorize and grant the request for a temporary period of five (5) years and is to expire and terminate on or before April 30, 2020 and is subject to the following condition:

1. There shall be no outdoor storage of any vehicles, tools, equipment or parts associated with the Motor Vehicle Body Repair Facility within Units 2 & 3 of the subject development.


Application Approved on condition as stated.


THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING WITH THE, SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE APRIL 22, 2015.


S.P~ ~

D.GEifj -R. BENNETT (CHAIR) aTHOMAs

ABSENT


J. ROBINSON

I certify this to be a true copy of the c·ommittee's decision given on April 2, 2015.




Page 3 of 3

M MISSISSaUGa



- and - ·

IN THE MATTER OF ZONING BY-LAW 0225-2007 as amended


SHAILTEL INTERNATIONAL INC


File: "A" 161/15 WARDll

Shailtel International Inc is the owner of part of Lot 10, Concession 1, WHS, located and known as 290 Derry Road West, zoned E2-123 - Employment & G2-1 - Greenbelt. The applicant requests the Committee to authorize a minor variance to permit the construction of a Hotel & Convention Centre on the subject property, proposing a Gross Floor Area - Non-Residential of 1,119.00 m2 (12,045.20 sq. ft.); whereas By-law 0225-2007, as amended, permits a maximum Gross Floor Area - Non-Residential of 1,080.00 m2 (11,625.40 sq. ~t.) in this instance.

Mr. G. Dell, authorized agent, attended and presented the application to permit an increase in non-residential gross floor area for the proposed hotel on the subject property. Mr. Dell advised the Committee that there was an error made when drafting up the site specific Zoning By-law for the subject proposal and that the current minor variance would enable to development of the property in accordance with the intended approval by City Council.

Mr. D. Bernard, the architect of the project, attended and confirmed there was an error in the ·site specific Zoning By-law with respect to the maximum permissible non-residential gross floor area. He noted that the wording suggested by the Planning and Building Department report would allow for the construction of the hotel as intended.



"1.0 RECOMMENDATION

The Planning and Building Department has no objection to the requested variance, as amended.

2.0 BACKGROUND



Zoning By-law 0225-~007

Gateway Employment Area Business Employment

Zoning: "E2-123", Employment;


~ SitePlan ~ Building Permit

"G2-l", Greenbelt - Natural Features

File: SP 08-213 Wll - Satisfactory . File: BP 13-6681

Page 1of4

M MISSISSauGa

4.0 COMMENTS

File: "A" 161/15 WARDll

Based on a review of the Site Plan application for the proposed Hotel and Convention Centre, we advise that the variance request should be amended as follows:

" ... to permit the exclusion of bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairwells and recreational facilities directly related to .the function of the overnight accommodation from, the maximum permitted gross floor area non-residential figure as contained in sentence 8.2.3.123.4 of the By-Jaw; whereas, By-Jaw 0225-2007, as amended does not specifically permit these rooms to be excluded in this instance."

The proposal currently exceeds the maximum gfa - non-residential of 1080 m2, as exclusions have not been allowed for in regulation 8.2.3.123.4. The actual size of the proposed hotel and convention centre has not changed since the rezoning application was approved, however, a variance is needed to clarify how the gfa - non-residential 'for public use areas is to be calculated. We have no concerns with this technical change to the By-Jaw. ·

We note that for the purposes of evaluating the subject application, the Site Plan has reached a satisfactory stage.

In review of the Site Plan and Building Permit drawings, we are satisfied that the request is minor."


"We note for Committee's information that the City is currently processing a Site Plan Application for this property, Reference SP 08/213. Transportation and Works Department concerns/requirements for this property will be addressed through the Site Plan Process."


"Please note the Region relies on the environmental expertise of the Credit Valley Conservation (CVC) staff for the revjew of development applications located within, or adjacent to the Greenlands Systems in Peel and their potential impacts on the natural environment. The Region recommends that the City of Mississauga consider comments from the eve and incorporate any of their conditions of approval appropriately.

The FSR has been received and the feasibility of the revised proposal is currently under review with the Region of Peel through SP-08-213M." ·

Credit Vailey Region Conservation commented as follows (March 17, 2015):

"SITE CHARACTERISTICS: The subject property is located adjacent to Fletcher's Creek and within its valley system and meanderbelt. It is the policy of eve and the Province of Ontario to'conserve and protect the significant physical, hydrological and biological features associated with the functions of the above noted characteristics and to recommend that no development be permitted which would adversely affect the natural features or ecological functions of these areas.

In addition, the subject property is partially located within an Environmentally Significant Area CESA), and may contain or provide habitat for a known Species-at-Risk.

As you may be aware, the subject property is partially within an area designated as Core Greenlands by the Region of Peel and is located partially within a part of the Mississauga Natural Areas System designed as CRRl.

ONTARIO REGULATION 160/06:

Page 2of4

... ·.

MISSISSaUGa File: "A" 161/15

WARD 11 This property is subject to the Development, Interference with Wetlands, and Alterations to Shorelines & Watercourses Regulation (Ontario Regulation 160/06). This regulation prohibits altering a watercourse, wetland or shoreline and prohibits development in areas adjacent to the Lake Ontario shoreline, river and stream valleys, hazardous lands and wetlands, without the prior written approval of Credit Valley Conservation (CVC) (i.e. the issuance of a permit). The property is regulated as it is adjacent to Fletcher's Creek, valley slope and assoicated meanderbelt.

PROPOSAL: The applicant requests the Committee to authorize a minor variance to permit the construction of a Hotel & Convention Centre on the subject property, proposing a Gross Floor Area - Non-Residential of l,ll9.00m2 (12,045.20 sq. ft.); whereas By-law 0225-2007, as amended, permits a maximum Gross Floor Area - Non Residential of l,080.00m2(11,625.40 sq. ft.) in this instance.

COMMENTS: Based on a concurrent review of the proposed Hotel & Convention Centre through the Site Plan process (SP 08/213), the proposed development is setback sufficiently from the hazard area and we have no concerns with the proposed variance. As such, CVC has no objection to the approval of this application by the Committee at this time

Pease note that the proposed development is located within a CVC Regulated Area and a permit from this Authority is required prior to the issuance of a building permit from the City of Mississauga.

I trust that these comments are sufficient. Please do not hesitate to contact the undersigned should you have any further questions or concerns. Please circulate CVC any future correspondence regarding this application."

Mr. J. Lee, a Planner for the Planning and Building Department, attendee! and confirmed that the proposed amended wording was the preferred wording of Zoning staff.


Mr. Dell upon hearing the comments of the Committee and the Planning and· Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Messrs. Dell & Bernard and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.

The Committee is satisfied that the gener.al intent and purpose of the Zoning By-law and the Official Plan will be maintained in this instance.

The Committee is of the opinion that the amended request is minor in natµre in this instance.

Page 3 of 4

MISSISSaUGa File: "A" 161/15

WARD 11 Accordingly, the Committee resolves to authorize and grant the amended request to permit· the exclusion of bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairwells and recreational facilities directly related to the function of the overnight accommodation from the maximum permitted gross floor area non-residential figure as contained in sentence 8.2.3.123.4 of the By-law; whereas, By-law 0225-2007, as amended does not specifically permit these rooms to be excluded in this instance.

MOVED BY: S. Patrizio SECONDED BY: D.Kennedy CARRIED



THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL BOARD BY FILING . WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN

NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE APRIL 22, 2015.

D.GE£(J

R. BENNETT (CHAIR) kHOMAS

ABSENT


J&· -J. ROBINSON

I certify this to be a true copy of the Committee's decisio

DAVID L. MARTIN, SECRETARY-TREASURER · A copy of Section 45 of the Planning Act, as amended, is attached.


Page 4 of 4

M MISSISSaUGa




as amended - and -


THE TORONTO FRENCH SCHOOL



The Toronto French School is the owner of Lots 134, 135, 139 & 140 and part of Lots 133, 136, 138 & 141, Registered Plan E-22, located and known as 1293 Meredith Avenue, zoned R3 -Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of canopies (sun/shade sails) and ground mounted supports to a portion of the southern facade of the existing school on the subject property proposing an interior side yard of 0.00 m to the proposed canopies; whereas By-law 0225-2007, as amended, requires a minimum interior side yard-of 5.49 m (18.01 ft.) in this instance.

Mr. c. Lantz, authorized agent, attended and presented the application to permit the construction of sunshade sail canopies on the south side of the existing school on the subject property. Mr. Lantz advised the Committee that the subject building did not have air conditioning and that the classrooms within the building became uncomfortably warm in the spring, summer and fall. He explained that these sun shades would provide necessary shade for the building and were removable during the winter months. He noted that the structures and ground mounted supports would be constructed to abut the property line and may be modified to encroach onto the adjacent municipally owned land. He confirmed that an encroachment agreement and a further Minor Variance application may be applied for in the future should such a situation occur.



"1.0 RECOMMENDATION

The Planning and Building Department has no objection to the requested variance. However, the applicant may wish to defer the application to submit the required Site Plan and Building Permit applications to ensure that all required varian_ces have been identified, and for the applicant to submit a minor variance application on behalf of the City of Mississauga for the adjacent property. ·

2.0 BACKGROUND




Lakeview Neighbourhood Residential Low Density II

Zoning: "R3", Residential

Page 1of3


D Building Permit D SiteP/an

4.0 COMMENTS

M MISSISSaUGa

File: Required - No application received File: Required - No application received


We note that Site Plan and Building Permit applications are required and in the absence of a Site Plan or Building Permit applicatio.n, we are unable to verify the accuracy of the requested variance and to determine whether additional variances will be required. In order to confirm the accuracy of the requested variance, the applicant may apply for a Pre-Zoning Review application and submit working drawings in order that a detailed zoning review may be completed. A minimum of four (4) weeks will be required to process a Pre-Zoning Review application depending on the complexity of the proposal and the detail of the information submitted.

In regards to the requested variance, we note that the proposed canopies would be located with a 0.00 m setback to an adjacent City owned park. Based on the nature of the proposal and the context of the site, we have no objection to the requested variance. We understand that the City's Community Services (Parks Planning) staff are supportive of this proposal.

However, we note that based on discussions with the agent, the location of the proposed canopies and supports would encroach slightly onto the City owned lands. Therefore, an additional minor variance application will be required for the adjacent property."


"Based on the information submitted with this application this department has no objections to the applicant's request."

The City of Mississauga Community Services Department, Park Planning Section commented as follows (March 15, 2015):

'The Community Services Department - Park Planning Section has reviewed the above noted Minor Variance application. This Department offers no objection to the application and notes the following:

The applicant's (The Toronto French School) property is located at 1293 Meredith Avenue, which is directly adjacent to Park 104 - Petrescue Park (1000, 1005 Halliday Avenue). As such, this Department is working with the applicant to facilitate their need to install (ground) mounted support for the canopy.'' ·


"This property is within the vicinity of Canada Post, which is a private landfill site. It is an inactive landfill located on the southwest corner of Cawthra Rd. and Aviation Rd. It has been cleaned to M.O.E. standards. No further information is available.

This property is within the vicinity of Delco, which is. a private landfill site. It is an inactive landfill located on Ogden Ave., North of Atwater Ave. It has been cleaned to M.O.E. standards. No further informatio.n is available."


Mr. Lantz confirmed the accuracy of the subject application and requested for the Committee to proceed with the evaluation of the application.

Page 2 of 3

~ MISSISSauGa


The Committee after considering the submissions put forward by Mr. Lantz and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.




MOVED BY: D.Kennedy SECONDED BY: J. Robinson CARRIED





R. BENNETT (CHAIR)

ABSENT


J. ROBINSON

I certify this to be a true copy of the Com~~

DAVID0

L MARTIN, SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: . - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit. a Zoning Certificate, a License, etc.

Page 3 of 3

M MISSISSaUGa



_ - and -IN THE MATTER OF ZONING BY-LAW 0225-2007

as amended - and -


LAZAR DA WOOD


File: "A" 163/15 WARD 11

Lazar Dawood is the owner of Unit 297, Level 1, PSCP-755, located and known as 7360 Zinnia Place, zoned G2-1 - Greenbelt, RM-4 - Residential & D - Development. The applicant requests the Committee to authorize a minor variance to permit the construction of an internal access door within the attached garage on the subject property, proposing:

1. an unobstructed area for parking within the garage with a width of 1.82 m (5.97 ft.) and a length of 4.41 m (14.47 ft.); whereas By-law 0225-2007, as amended, requires an unobstructed area for parking within a garage with a minimum width of 2.75 m (9.02 ft.) and a minimum length of 5.20 m (17.06 ft.) in this instance; and,

2. a reduced rectangular area within the garage with a width of 1.82 m (5.97 ft.) and a length of 4.41 m (14.47 ft.); whereas By-law 0225-2007, as amended, requires a minimum rectangular area within a garage with a width of 2.75 m (9.02 ft.) and a length of 6.00 m (19.69 ft.) in this instance.

Ms. L. Dawood, a representative for the property owner, attended and presented the subject application to allow for the construction of a small landing and steps to facilitate an internal access from the garage into the dwelling of the subject property. Ms. Dawood advised the Committee that this entrance would facilitate the access to and from the dwelling for a family member with impaired mobility. She indicated that there was sufficient space to park motor vehicles on the driveway of the property.



"1.0 RECOMMENDATION

The Planning and Building Department recommends that the application be refused.

2.0 BACKGROUND



Meadowvale Village Neighbourhood Residential Medium Density; Greenbelt;


Page 1of3

Zoning:


[8J Building Permit

4.0 COMMENTS

M MISSISSaUGa

"RM4", Residential; "G2-1", Greenbelt - Natural Features; "D", Development

File: BP 15-4576

File: "A" 163/15 WARD 11


"The applicant requests the Committee to authorize a minor variance to permit the· construction of an internal access door within the attached garage on the subject property proposing a rectangular and unobstructed length of 4.41 m (14.47 ft.); whereas By-law 0225-2007, as amended, requires a minimum rectangular length of 6.0 m (19.69 ft.) and minimum unobstructed length of 5.2 m (17.06 ft.) in this instance.".

Based on a review of the drawings submitted, we note that the proposed construction would provide insufficient space for a regularly sized vehicle to be parked within the garage .. In addition, based on a recent site visit, we note that there is only one parking space available on the driveway. The current Zoning By-law requires two parking spaces for each dwelling unit for condominium townhouses. -

Based on the preceding information, we recommend that the application be refused."


"This Department has no objections, comments or requirements with respect to C.A. 'A' 163/15"

Mr. J. Lee, a Planner for the Planning and Building Department, attended and confirmed that two (2) parking spaces were required for the subject property. He noted that it appeared the driveway could accommodate this parking requirement.


Ms. Dawood upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations and to add the required platform and stairs to be included in the request.

The Committee consented to the request and, after considering the submissions put forward by Ms. Dawood and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property. The Committee indicated that the garage would likely be obstructed in order to park a larger motor vehicle within but noted that the entrance could be removed in the future to accommodate such a vehicle if needed.



Page 2 of 3

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File: "A" 163/15 WARD 11

Accordingly, the Committee resolves to authorize and grant the amended request to permit the construction of an internal access door, platform and stairs within the attached garage on the subject property proposing a rectangular and unobstructed length of 4.41 m (14.47 ft.); whereas By-law 0225-2007, as amended, requires a minimum rectangular length of 6.0 m (19.69 ft.) and minimum unobstructed length of 5.2 m (17.06 ft.) in this instance.

MOVED BY: J. Robinson SECONDED BY: J. Thomas CARRIED





D.GL(J •

R. BENNETT (CHAIR) . THOMAS

~· ABSENT


v J. ROBINSON





Page 3 of 3

~ MISSISSaUGa




as amended - and -


HENRY DELANEY



Henry Delaney is the owner of Lot 43, Registered Plan F-20, located and known as 1043 Shaw Drive, zoned R3 - Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of a new covered front porch on the subject property, proposing:

1. a front yard setback of 2.46 m (8.07 ft.) to the porch; whereas By-Jaw 0225-2007, as amended, requires a minimum front yard setback of 5.90 m (19.36 ft.) to the porch in this instance; and,

2. a front yard of 4.92 m (16.14 ft.) to the second floor wall; whereas By-law 0225-2007, as amended, requires a minimum front yard of 7.50 m (24.60 ft.) to the second floor wall in this instance.

Mr. C. Cotte, authorized agent, attended and presented the application to permit the construction of a new front porch on the dwelling on the subject property. Mr. Cottee advised the Committee his client wished to demolish a portion of the dwelling and construct a new covered porch in this location. He suggested that it was appropriate for the new covered porch to maintain the same approximate front yard setbacks of the portion of the dwelling to be demolished.

Mr. Cottee noted that a second storey addition would also be constructed.


The City of Mississau_ga Planning and Building Oepartment commented as follows (March 20, 2015):

"1.0 RECOMMENDATION

The Planning and Building Department. has no objection to the requested variances, as amended.

2.0 BACKGROUND




Lakeview Neighbourhood Residential Low Density II

Zoning: "_R3", Residential

Page 1of3


~ Building Permit

4.0 COMMENTS

~· MISSISSauGa

File: BP 14-3990



"The applicant requests the Committee to authorize a minor variance to permit the construction of a new covered front porch and a second storey addition on the subject property, proposing:

1. a front yard setback of 2.46 m (8.07 ft.) to the porch; whereas By-law 0225-2007, as amended, requires a minimum front yard setback of 5.90 m (19.36 ft.) to the porch in this instance; and,

2. a front yard of 4.92 m (16.14 ft.) to the second floor wall; whereas By-law 0225-2007, as amended, requires a minimum front yard of 7.50 m (24.60 ft.) in this instance."

We note that the Committee previously approved a minor variance application for the subject property under 'A' 672/99 to permit a front porch and deck to remain with a front yard setback of 1.8 m (5.9 ft.) and the existing dwelling to remain with a front yard of 4.92 m (16.4 ft.) whereas 7.5 m (24.6 ft.) was required. At the time, this Department stated that we had no objection to the requested variances.

Further, we note that the current proposal is for a new front porch and a second storey addition. The proposed porch would have a greater front yard setback compared to the existing porch. In addition, the proposed second storey addition would have the same front yard setback as the first storey.



"We are noting for information purposes that any Transportation and Works Department concerns/requirements for the proposed addition will be addressed through the Building Permit process."


Mr. Cottee upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Mr. Cottee and having reviewed the plans and comments, received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.



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Accordingly, the Committee resolves to authorize and grant the amended request to permit the construction of a new covered front porch and a second storey addition on the subject property, proposing:

1. a front yard setback of 2.46 m (8.07 ft.) to the porch; whereas By-law 0225-2007, as amended, requires a minimum front yard setback of 5.90 m (19.36 ft.) to the porch in this instance; and,

2. a front yard of 4.92 m (16.14 ft.) to the second floor wall; whereas By-law 0225-2007, as amended, requires a minimum front yard of 7.50 m (24.60 ft.) in this instance.






~a D.G:GE

R. BENNETT (CHAIR) ~AS

A.~lA.J\.. ABSENT


J. ROBINSON

.. I certify this to be a true copy of the Committee's decision given on April 2, 2015.

. DAVID L. MARTIN, SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached.

NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further app~ovals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

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as amended - and -


KEVIN SOWA



Kevin Sowa is the owner of Lot 32, Registered Plan M-392, located and known as 1200 Woodeden Drive, zoned R2-4 - Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of a two (2) storey dwelling on the subject property, proposing:

1. side yards of 1.80 m (5.91 ft.) on both sides of the dwelling; whereas By-law 0225-2007, as amended, requires a minimum side yard of 2.41 m (7.91 ft.) on both sides of the dwelling in this instance; and,

2. a combined width of side yards of 3.67 m (12.04 ft.); whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 6.18 m (20.28 ft.) in this instance.

Mr. W. Oughtred, authorized agent, attended and presented the application to permit the construction of a new dwelling on the subject property. Mr. Oughtred advised the Committee that the property was· encumbered with a flood plain at the rear of the property which · severely limited the size and positioning of the dwelling on the property. He explained that a slight reduction in the combined side yard width was required to allow his client to construct a dwelling that was adequate in size. He noted that the dwelling depth was restricted because of the abutting flood plain and suggested that a slight reduction in the combined side yard widths would be appropriate in this instance. Mr. Oughtred confirmed that the second stored side walls would be slightly recessed to minimize any massing impact on the adjacent neighbours.



"1.0 RECOMMENDATION

The Planning and Building Department recommends that the application be deferred for the applicant to redesign the dwelling to address concerns outlined below.

2.0 BACKGROUND

Mississauga Official P/cm


Discussion:

Clarkson-Lorne Park Neighbourhood Residential Low Density I

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We note that the subject property is located in the Clarkson-Lorne Park Neighbourhood, and as such, is subject to the following Mississauga Official Plan policies:

16.5.1.4 For development of all detached dwellings on lands identified in the Site Plan Control By-law, the following will apply:

a. preserve and enhance the generous front, rear and side yard setbacks;

c. encourage new housing to fit the scale and character of the surrounding area, and take advantage of the features of a particular site, i.e. topography, contours, mature vegetation.


Zoning: "R2-4", Residential

Discussion:

The intent of the side yard and combined width of side yard provisions of the Zoning By-law is to ensure that proposed dwellings do not have a negative massing impact to the streetscape and adjacent neighbours. In this instance, the request for reduced side yards on both sides of the dwelling, coupled with the request for a significantly reduced combined width of side yards would have a cumulative negative massing impact to the streetscape and adjacent neighbours. Therefore, it is our opinion that the request does not maintain the general intent and purpose of the Zoning By-law.


~ SiteP/an File: SP 14-157 W2

4.0 COMMENTS

Based on 9 review of the Site Plan application for the proposed two storey dwelling, we advise that more information is required to verify the accuracy of the requested variance and to determine whether additional variances will be required.

We note that the Committee previously approved a minor variance application for the subject property under 'A' 447 /13 for the following:

1. a combined width of side yards of 3.00 m (9.84 ft.); whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 4.60 m (15.09 ft.) in this instance; and, ·

2. an easterly side yard of 1.20 m (3.93 ft.); whereas By-law 0225-2007, as amended, requires a minimum side yard of 1.80 m (5.90 ft.) in this instance.

We note that the previous approval was for a one storey dwelling whereas the applicant is currently seeking a two storey dwelling. The effect of changing the proposal is that a greater combined width of side yards is required in order to reduce massing impacts to the streetscape and adjacent neighbours. It is our opinion that the proposed dwelling can be redesigned to reduce the variances being sought and to more appropriately meet the intent of the Zoning By-law. ·

Based on the preceding information, we recommend that the application be deferred to provide the applicant an opportunity to redesign the proposal."


"We note for Committee's information that the City is currently processing a Site Plan Application for this property, Reference SP 14/157. Transportation and Works Department concerns/requirements for this property will be addressed through the Site Plan Process."

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"Please note the Region relies on the environmental expertise of the Credit Valley Conservation (CVC) staff for the review of development applications located within, or adjacent to the Greenlands Systems in Peel and their potential impacts on the natural environment. The Region recommends that the City of Mississauga consider comments from the eve and incorporate any of their conditions of approval appropriately.

As per Region of Peel Water design standard 4.3, Hydrants near driveways shall be located a minimum of 1.25 m clear from the projected garage (or edge of driveway, whichever is greater) in residential applications.

Please be advised that service connection sizes shall be in compliance with Ontario Building Code and Region of Peel Design Criteria. An upgrade of your existing service may be required. Please note that site servicing approvals will be required prior to building permit.

This property is within the vicinity of a private landfill site with M.O.E. # A220108. It is an inactive landfill. There are two locations on the northwest corner of Mississauga Rd. and Lakeshore Blvd. It has been cleaned to M.O.E. standards. No further information is available."

Credit Valley Conservation commented as follows (March 18, 2015):

"SITE CHARACTERISTICS: The subject property is adjacent to Tecumseh Creek and is traversed by its associated valley system and floodplain. It is the policy of CVC and the Province of Ontario to conserve and protect the significant physical, hydrological and biological features associated with the functions of the above noted characteristics and to recommend that no development be permitted which would adversely affect the natural features or ecological (unctions of these areas.

As you may be aware, the subject property is located within a part of the Mississauga Natural Areas System designated as CL24, and is partially located within an area designated as Core Greenlands by the Region of Peel.

ONT ARIO REGULATION 160/06: This property is subject to the Development, Interference with Wetlands, and Alterations to Shorelines & Watercourses Regulation (Ontario Regulation 160/06). This regulation prohibits altering a watercourse, wetland or shoreline and prohibits development in areas adjacent to the Lake Ontario shoreline, river and stream valleys, hazardous lands and wetlands, without the prior written approval of Credit Valley Conservation (CVC) (i.e. the issuance of a permit).

PROPOSAL: The applicant requests the Committee to authorize a minor variance to permit the construction of a two (2) storey dwelling on the subject property, proposing:

i. side yards of l.80m (5.91 ft.) on both sides of the dwelling, whereas By-law 0225-2007, as amended, requires a minimum side yard of 2.41m- (7.91 ft.) on both sides of the dwelling in this instance; and,

ii. a combined width of side yards of 3.67m (12.04 ft.); whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 6.18m (20.28 ft.) in this instance.

COMMENTS: eve is currently reviewing the proposed new dwelling through Site Plan Application (SP 14/157). There are outstanding eve concerns/comments that are required to be addressed through the Site Plan process. The minor variance application does not impact the Authority's interests in this case; as such eve has no objection to the approval of the application by the Committee at this time.

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Please note that the subject property is within a CVC Regulated Area, and a permit is required for the development as proposed."

A letter was received from M. McAlear, a resident of 1186 Woodeden Drive, stating an objection to the subject application.

A letter was received from the residents of 1192, 1208, 1215 & 1221 Woodeden Drive, stating that they had no objection to the subject application.


Mr. Oughtred requested for the variance with respect to the individual side yard to be deleted and for the combined width of the side yards be amended to 1.84 m (6.03 ft.).

The Committee. consented to the request and, after considering the submissions put forward by Mr. Oughtred and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.



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Accordingly, the Committee resolves to authorize and grant the amended request to permit the construction of a two (2) storey dwelling on the subject property proposing a combined width of side yards cif 1.84 m (6.03 ft.); whereas By-law 0225-2007, as amended, requires a minimum combined width of side yards of 6.18 m (20.28 ft.) i.n this instance.




THIS DECISION IS SUBJECT TO APPEAL TO THE ONTARIO MUNICIPAL: BOARD BY FILING WITH THE SECRETARY-TREASURER OF THE COMMITTEE OF ADJUSTMENT A WRITTEN NOTIFICATION, GIVING REASONS FOR THE APPEAL, ACCOMPANIED WITH THE PRESCRIBED FEE ON OR BEFORE APRIL 22, 2015.


o.*j· R. BENN_ETT (CHAIR) ~THOMAS

DISSENTED ABSENT


J. ROBINSON




Page 5 of 5

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as amended - and -


CITY OF MISSISSAUGA


File: "A" 167 /15 WARDS

City Of Mississauga is the owner of Lots 422 & 423, Registered Plan TOR-4, located and known as 39 Beverley Street, zoned R3 - Residential. The applicant requests the Committee to authorize a minor variance to permit play equipment and gazebos accessory to an athletic field, proposing:

1. a gazebo on a lot without a detached dwelling; whereas By-law 0225-2007, as amended, only permits a gazebo as an accessory structure to a detached dwelling;

2. a gazebo floor area of 28.50 m2 (306.77 sq. ft.); whereas By-law 0225-2007, as amended, permits a maximum floor area for a gazebo of 10.00 m2 (107.64 sq. ft.) in this instance;

3. an excessive height of a gazebo of 4.55 m (14.93 ft.); whereas By-law 0225-2007, as amended, permits a maximum height of a gazebo of 3.00 m (9.84 ft.) in this instance;

. and,

4. play equipment on a lot without a detached dwelling; whereas By-law 0225-2007, as amended, permits play equipment as an accessory to a detached dwelling.

-Ms. J. Darragh, a Planner for the Community Services Department, attended and presented the application to permit the construction and installation of various gazebos and .play structures to facilitate the redevelopment of the lands as a community park. Ms. Darragh noted that the subject property had previously been the location of a school and that the property had historically contained a fields for recreational uses. She noted that the existing baseball diamond and multipurpose playing field would be rehabilitated and that additional play equipment and gazebo would be constructed. Ms. Darragh confirmed that the requested relief to the Zoning By-law was the result of the historical Residential zoning designation that was placed on the lands.

Ms. Darragh noted that the property was bordered by a small watercourse and a Place of Religious Assembly and suggested that the park uses were compatible with these uses.



The City of Mississauga Trar:isportation and Works Department commented as follows (March 20, 2015):

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File: "A" 167 /15 WARDS

The City of Mississauga Community Services Department, Park Planning Section commented as follows (March 16, 2015):


Toronto Region Conservation commented as follows (March 6, 2015):

"Toronto and Region Conservation Authority (TRCA) staff received the above-noted application on March 2, 2015 regarding a minor variance· to permit play equipment and a gazebo within Malton Village Park. Toronto and Region Conservation Authority (TRCA) staff has reviewed the above noted application, and provides the following comments as part of TRCA's commenting role under the Planning Act, the Authority's delegated responsibility of representing the provincial interest on natural hazards encompassed by Section 3.1 of the Provincial Policy Statement, 2014 and TRCA's Regulatory Authority under Ontario Regulation 166/06, Development, Interference with Wetlands and Alterations to Shorelines and Watercourses.

Purpose of the Application It is our understanding that the purpose of the above-noted application is to request the following minor variances:

Construction of a gazebo on lands currently zoned Residential (R3). The proposed structure is 28.5 m2 in area and 4.5 m high which exceeds the provisions in the Zoning By-law. Current zoning permits a gazebo with a maximum area of 10 m2 and a maximum height of 3 m. Construction of play equipment on a lot without a detached dwelling.

Recommendation On the basis below, TRCA staff has no objection to the above-noted application as currently submitted.

Permitting and Application Specific Comments TRCA staff reviewed and provided comments to the City of Mississauga for the Malton Village Park redevelopment. Permit No C-150120 under Ontario Regulation 166/06 was issued to the City of Mississauga on March 6, 2015 to facilitate the redevelopment. Based on our review of that permit application, the proposed gazebo will be located outside of the flood plain. The playground equipment however, is located within the flood plain and within TRCA's Regulated Area of the Mimico Creek Watershed. Further to our review and correspondence through the permitting process, we reiterate that the City of Mississauga should be aware that maintenance of these structures located within the flood plain may be required after storm events."


The Committee after considering the submissions put forward by Ms. Darragh and having reviewed the plans and comments received, is satisfied that the request is desirable for the appropriate further development of the subject property.



Page 2 of 3

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MOVED BY: S. Patrizio SECONDED B\'..: D.Kennedy CARRIED





D.GEi~ R. BENNETT (CHAIR)

ABSENT ,~.


J. ROBINSON




Page 3 of 3

~ MISSISSauGa




as amended - and -


PSCC #820


File: "A" 168/15 WARD?

PSCC #820 is the owner of Unit 10, Level 1, PSCP-820, located and known as 230 Paisley Boulevard West, zoned RM4-62 - Residential. The applicant requests the Committee to authorize a minor variance to permit the construction of a second storey balcony attached to the rear wall of Unit # 10 of the subject property, proposing a balcony projection of 2.44 m (8.01 ft.); whereas By-law 0225-2007, as amended, permits a maximum balcony projection of 1.00 m (3.28 ft.) in this instance.

Mr. P. Yung, authorized agent, attended and presented the application to permit the construction of a balcony at the rear of the existing townhouse dwelling unit on the subject property. Mr. Yung advised the Committee that the proposed balcony would be similar to many others that had been approved by the Committee in the past.



"1.0 RECOMMENDATION

The Planning and Building Department has no objection to the requested variances, as amended. However, the applicant may wish to defer the application to submit the required Building Permit application to ensure that all required variances have been accurately identified.

2.0 BACKGROUND



Cooksville Neighbourhood Residential Medium Density


Zoning: "RM4-62", Residential


0 Building Permit File: Required - No application received

4.0 COMMENTS

We note that a Building Permit is required and in the al;>sence of a Building Permit application, we are unable to verify the accuracy of the requested

Page 1of3

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variance and determine whether additionai variances will be required. In addition, we advise that based on a review of the minor variance request and previously approved minor variances for similar proposals, the request should be amended to include. the following:

"2. to permit the area below the proposed balcony to be included in the Landscaped Area; whereas By-law 0225-2007, as amended, does not permit any open space beneath a structure to be included in the Landscaped Area in this instance."

We note that the Committee has previously approved several similar requests for second storey balconies on the subject property. We have no concerns with the proposed balcony for the subject unit as it will have a similar projection as the previously approved balconies and will not impose a negative impact on adjacent units or the streetscape.

Based on the preceding information, we have. no objection to . the requested variances, as amended."

The City of Mississauga Transportation and Works Department commented as follows (March 20, 2015): .'

"This Department has no objections, comments or requirements with respect to C.A. 'A' 168/15."

A letter was received from the Peel District School Board expressing an interest in the application.


Mr. Yung upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance with their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Mr; Yung and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further development of the subject property.



Page 2 of 3

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File: "A" 168/15 WARD?

Accordingly, the Committee resolves to authorize and grant the amended request to permit the construction of a second storey balcony attached to the rear wall of Unit # 10 of the subject property proposing:

1. .a balcony projection of 2.44 m (8.01 ft.); whereas By-law 0225-2007, as amended, permits a maximum balcony projection of 1.00 m (3.28 ft.) in this instance; and,

2. to permit the area below the proposed balcony to be included in the Landscaped Area; whereas By-law 0225-2007, as amended, does not permit any open space beneath a structure to be included in the Landscaped Area in this instance.

MOVED BY: J. Robinson SECONDED BY: D.Kennedy CARRIED





S.PAg$ -D.GE!f

R. BENNETT (CHAIR) r/J. THOMAS

ABSENT


J. ROBINSON


DAVID L. MARTIN, SECRETARY-TREASURER A copy of Section 45 of the Planning Act, as amended, is attached.


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as amended - and -


BRSD HOLDINGS INC r



BRSD Holdings Inc is the owner of Block A, Registered Plan M-467, located and known as 2645 & 2655 Liruma Road, zoned Cl - Commercial. The applicant requests the Committee to authorize a minor variance to permit:

1. manufacturing facility. within Unit # 4 of the subject property; whereas By-law 0225-2007, as amended, does not permit Manufacturing Facility use on the subject property in this instance;

2. a total of 50 parking spaces for all uses on site; whereas By-law 0225-2007, as amended, requires a minimum of 123 parking spaces for all uses on site in this instance; and,

3. a driveway aisle width of 4.80 m (15.75 ft.); whereas By-law 0225-2007, as amended, requires a minimum driveway aisle width of 7.00 m (22.96 ft.) in this instance.

On January 15, 2015, Mr. S. Hanoudi, owner of the subject property, attended and presented the application to permit the operation of manufacturing facility and a separate restaurant within the development on the subject property. Mr. Hanoudi advised the Committee that the manufacturing facility was a dental laboratory that manufactured artificial teeth and bridges and had been operational on-site for a number of years. He noted that the proposed restaurant would offer water pipes for smoking.


The City of Mississauga Planning and Building Department commented as follows (January 13, 2015):

"1.0 RECOMMENDATION

The Planning and Building Department has no objection to the requested v9riances, as amended, subject to the conditions outlined below.

~ .

2.0 BACKGROUND



Clarkson Lorne Park Neighbourhood Mixed Use


Zoning: "Cl", Convenience Commercial

Page 1of6

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~ Certificate of Occupancy File: C 14/3172 - Personal Service Establishment

4.0 COMMENTS

Based on a review of the minor variance application and our records we advise that the variance request should be amended as follows:

"1. Manufacturing Facility within 2645 Liruma Rd. - Unit # 4 of the subject property; whereas By-law 0225-2007, as amended, does not permit Manufacturing Facility use on the subject property in this instance.

2.· Restaurant within 2655 Liruma Rd. - Unit # 2 of the subject property, located within 60.00 m (196.85 ft.) of a Residential Zone; whereas By-law 0225-2007, as amended, requires all restaurants, take-out restaurants, and convenience restaurants to have a minimum separation distance of 60.00 m (196.85 ft.) from a Residential Zone.

3. to provide parking at a rate of 3.5 spaces per 100 m2 for all uses on site; whereas, Bylaw 0225-2007, as amended, requires parking for a Retail Centre less than or equal to 2,000 m2 GFA - non-residential to be provided at a rate of 4.3 spaces per 100 m2 for all uses on site, with some uses providing parking in accordance with Table 3.1.2.2."

With regard to variance #1, it is our understanding through discussions with the a1,1thorized agent that the nature of the Manufacturing Facility is a "Dental Laboratory" that manufactures "ar.tificial teeth and bridges." Based on this, this Department is of the opinion that this particular operation will not impact the surrounding residential properties. However, if the Cpmmittee were to see merit in the variance application and grant permission for the use, in order to protect the residential area in close proximity from future Manufacturing Facility uses that could impose a negative impact, we recommend the following conqition:

1. that the manufacturing facility shall operate as a "Dental Laboratory."

With regard to variance #2, we advise that the proposed restaurant will be located within the building identified as 2655 Liruma Ave, which is closest to Dundas Street West. Additionally, th·e Committee has previously approved similar variances for other restaurants on the subject property. Given'the location of the restaurant on the subject property, we have no objection to variance #2. ·

With regard to variance #3, we note that staff support the amended parking variance subject to the following conditions:

2. overall building Gross Floor Area shall not exceed 1550.00 m2 (16,684.06 sq.ft.); 3. a restaurant maximum of 415.00 m2 (4,467.2 sq.ft.) GFA - restaurant; 4. a take-out restaurant maximum of 105.00 m2 (l,130.2 sq.ft.) GFA - restaurant; 5. place of religious assembly, financial institution, medical office and private club shall

provide parking in accordance with Table 3.1.2.2 of Zoning By-law 0225-2007; 6. lower areas of '.2645 - Unit 6-8 and 2655 - Unit 2 shall only be used for storage.

With regard to variance #4, we note that the aisle width deficiency is only required for the parking area on the eastern portion of the subject property and therefore, we have no objection."

The City of Mississauga Transportation and Works Department commented as follows (January 7, 2015): ·

"Enclosed are photos which depict the subject property."

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The Region of Peel, Environment, Transportation and Planning Services, commented as follows (January 12, 2015):

"Any changes to underground water or sanitary sewer services will require review by the Region of Peel. Site servicing approvals are required prior to the issuance of a building permit.

We note that there is an existing Region of Peel sanitary sewer easement on the subject property. Certain restrictions apply to Region of Peel easements as per the documents registered on title. Please be advised that unauthorized encroachments on regional easements are not permitted." .

Mr. A. Frost, resident of 2633 Liruma Drive, attended and ~xpressed his objection to the subject application. Mr. Frost noted that the property was not well-maintained and noted specific concerns with a deteriorating fence that had been installed as a condition to a previous Minor Variance decision. He requested the Committee to refuse the subject application.

Ms. M. Cavaco, resident of 2623 Liruma Drive, attended and expressed her objection to the subject application. Ms. Cavaco expressed concerns with respect to the absence of information regarding the type of restaurant use, its specific hours of operation, and the anticipated traffic that would be generated by the proposed restaurant. She requested the Committee to refuse the subject application.

Mr. J. Lee, a Planner for the Planning and Building Department, attended and confirmed that the application should be amended in accordance with the recommendations presented by Zoning staff in their comments.


The Committee indicated its preference for the applicant to submit the necessary Certificate of Occupancy application prior to proceeding with the Minor Variance application. The Committee noted concerns with further increasing the number of restaurant uses on the subject property and the resultant increased parking demand. The Committee noted that the subject property had a historic shortfall of parking and that the proposed uses would further exacerbate this parking condition. The Committee indicated that a limit on the number of restaurant uses on site was also necessary due to the proximity of the subject property to a residential area.

Mr. Hanoudi upon hearing the comments of the Committee requested a deferral of the application.

The Committee consented to the request and deferred the applications to the March 26, 2015 hearing.

On March 26, 2015, Mr. S. Hanoudi, the property owner, attended and confirmed that during the interim of the deferral the proposed restaurant had been deleted from the application. He noted that the subject application would enable a manufacturing facility to operate on the subject property with a parking shortfall and insufficient drive aisle widths. He explained that the facility would produce dental apparatuses.



"1.0 RECOMMENDATION

The Planning and Building Department has no objection to the requested variances, as amended, subject to the conditions outlined below.

Page 3 of6

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2.0 BACKGROUND



Sheridan Neighbourhood Mixed Use


Zoning: "Cl", Convenience Commercial


i:gj Certificate of Occupancy File: C 13-4637 i:gj Certificate of Occupancy File: C 14-3172

4.0 COMMENTS


Based on a review of the Certificate of Occupancy applications and the Minor Variance application, we advise that the variance request should be amended as follows:

"1. Manufacturing Facility within 2645 Liruma Rd. - Unit #4 of the subject property; . whereas By-law 0225-2007, as amended, does not permit Manufacturing Facility use on the subject property in this instance;

2. to provide parking at a rate of 3.5 spaces per 100 m2 (1076.39 sq. ft.) for all uses on site; whereas By-law 0225~2007, as amended, requires parking for a Retail Centre less than or equal to 2000 m2 (21527.8 sq. ft.) GFA - non-residential to be provided at a rate of 4.3 spaces per 100 m2 (1076.39 sq. ft.) for all· uses on site, with some uses providing parking in accordance with Table 3.1.2.2."

It is our understanding that the applicant is no longer seeking to establish a restaurant described in the original request.

With regard to variance #1, it is our understanding through discussions with the authorized agent that the nature of the Manufacturing Facility is a "Dental Laboratory" that manufactures "artificial teeth and bridges." Based on this, this Department is of the opinion that this particular operation will not impact the surrounding residential properties. However, if the Committee were to see merit in the variance application and grant permission for the use, in order to protect the residential area in close proximity from future Manufacturing Facility uses that could impose a negative impact, we recommend the following condition:

..,._

1. that the manufacturing facility shall operate as a "Dental Laboratory".

With regard to variance #2, we note that staff support the amended parking variance subject to the following conditions:

2. overall building Gross Floor Area shall not exceed 1,600 m2 (17,222.3 sq. ft.);

3. a restaurant maximum of 250 m2 (2,690.98 sq. ft.) GFA - non-residential;

4. a take-out restaurant maximum of 105 m2 (1,130.2 sq. ft.) GFA - nonresidential;

5. place of religious assembly, financial institution, medical office and private club shall provide parking in accordance with Table 3.1.2.2 of Zoning By-law 0225-2007;

6. lower areas of 2645 - Units 6-8 shall only be used for storage.

With regard to variance #3, we note that the aisle width deficiency is only applicable to the parking area on the eastern portion of the subject property and therefore, we have no objection."

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M MISSISSaUGa



"Please refer to our comments submitted for the January 15, 2015 hearing of th.is application as those comments are still applicable." The Region· of Peel, Environment, Transportation and Planning Services, commented as foHows (March 23, 2015): .

"Any changes to the underground water or sanitary sewer will require review by the Region of Peel. Site servicing approvals will be required before a building permit is issued. We note that there is an existing Region of Peel sanitary sewer easement on the subject property; certain restrictions apply to Region of Peel easement as per documents registered on title. Please be advised that unauthorized encroachments on regional easements will not be permitted."

A letter was received from A. Frost, a resident of 2633 Liruma Road, expressing concerns with property maintenance and fencing. No other persons expressed any interest in the application.

Mr. Hanoudi confirmed that he would erect a new fence when the weather was conducive to such construction.

Mr. Hanoudi upon hearing the comments of the Committee and the Planning and Building Department, requested that the application be amended in accordance· with .their recommendations.

The Committee consented to the request and, after considering the submissions put forward by Mr. Hanoudi and having reviewed the plans and comments received, is satisfied that the amended request is desirable for the appropriate further ·development of the subject property. ·

The Committee is satisfied that the general intent and purpose of the Zoning By-Jaw and the Official Plan will be maintained in this instance.


Accordingly, the 'committee resolves to authorize and grant the amended request to permit:

1. a Manufacturing Facility within 2645 Liruma Rd. - Unit #4 of the subject' property; whereas By-law 0225-2007, as amended, does not permit Manufacturing Facility use on the subject property in this instance; and,

2. to provide parking at a rate of 3.50 spaces per 100.00 m2 (1,076.39 sq. ft.) for all uses on site; whereas By-Jaw 0225-2007, as amended, requires parking for a Retail Centre Jess than or equal to 2,000.00 m2 (21,527.8 sq. ft.) GFA - non-residential to be provided at a rate of 4.30 spa~es per 100.00 m2 (1,076.39 sq. ft.) for all uses on site, with some uses providing parking in accordance with Table 3.1.2.2.

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.M MISSISSauGa

This decision is subject to the following conditions:


1. The proposed manufacturing facility shall operate as a "Dental Laboratory".

2. The overall building Gross Floor Area shall not exceed 1,600 m2 (17,222.3 sq. ft.).

3. A restaurant maximum of 250.00 m2 (2,690.98 sq. ft.) GFA - non-residential.

4. A take-out restaurant maximum of 105.00 m2 (1,130.2 sq. ft.) GFA - non-residential.

5. Places of religious assembly, financial institutions, medical offices and private clubs shall provide parking in accordance with Table 3.1.2.2 of Zoning By-law 0225-2007.

6. The lower areas of 2645 Liruma Road- Units 6-8 shall only be used for storage.

7. The applicant shall proceed in accordance with the plan reviewed by the Committee.


Application Approved, as amended, on conditions as stated.



R. BENNETT (CHAIR)

ABSENT


~· J. ROBINSON


~ASURER A copy of Section 45 of the Planning Act, as amended, is attached. NOTES: - A Development Charge may be payable prior to the issuance of a Building Permit. - Further approvals from the City of Mississauga may be required i.e. a Building Permit, a Zoning Certificate, a License, etc.

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II11 MISSISSAUGA COMMITTEE OF ADJUSTMENT AGENDA · 2015-04-24 · a-156/15 eugen & maria cojocaru...

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