TOWN OF CALEDON Committee of Adjustment Hearing Minutes Wednesday, April 15, :00 p.m. Council Chamber, Town Hall

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1 TOWN OF CALEDON 1:00 p.m. Council Chamber, Town Hall MEMBERS PRESENT: Chair: B. Duncan G. Cascone T. Dolson M. Gallo J. Metcalfe R. Waldon MEMBERS ABSENT: J. Clark STAFF PRESENT: Planning Student: J. Alessio Manager of Development - East: C. Blakely Intermediate Planner: C. Di Benedetto Manager of Development - West: R. Hughes Recording Secretary: B. Karrandjas Community Development Planner: E. Leung Senior Development Planner: S. McVittie Community Development Planner: M. Mohr Secretary-Treasurer: C. Pillsworth 1. CALL TO ORDER The Chair called the meeting to order at 1:04 p.m. 2. DECLARATION OF PECUNIARY INTEREST - none. 3. CONFIRMATION OF MINUTES Moved by M. Gallo - Seconded by G. Cascone That the Committee of Adjustment Minutes dated March 11, 2015 as amended, be received. 4. REQUESTS FOR DEFERRAL/WITHDRAWAL OF APPLICATIONS 4.1 A Owner: Ontario Inc. (Agent: Susan Borst, YYZed Project) Property Location: 6 Nixon Road, Caledon (Ward 5) The Committee received an from Susan Borst, YYZed Project dated April 7, 2015 requesting deferral of the Minor Variance Application. Moved by M. Gallo - Seconded by T. Dolson That Application A be deferred to the May 13, 2015 Committee of Adjustment meeting with costs.

2 Page 2 of A Owner: Maple Corporation Investments (Agent: A.J. Tregebov Architect) Property Location: 16 Nixon Road, Caledon (Ward 5) The Committee received an from Alan Tregebov, AJ Tregebov Architect dated April 2, 2015 requesting deferral of the Minor Variance Application. Moved by T. Dolson - Seconded by M. Gallo That Application A be deferred for six months or sooner with costs. The Committee requested that Applications A and B be heard together. 4.3 A Owner: Anna Todt in Trust (Agent: David McKay, MacNaughton Hermsen Britton Clarkson Planning Limited) Property Location: 0 Highway 50, Caledon (Ward 5) 4.5 B Owner: Anna Todt in Trust (Agent: David McKay, MacNaughton Hermsen Britton Clarkson Planning Limited) Property Location: 0 Highway 50, Caledon (Ward 5) The Committee received an from Simone Fiore, MHBC Planning, Urban Design & Landscape Architecture dated April 1, 2015 requesting deferral of the Minor Variance Application and the Consent Application. Marco Marcanti, representing the owners adjacent to the applicant to the north, expressed concern regarding water drainage. Moved by G. Cascone - Seconded by J. Metcalfe That Application A be deferred to the May 13, 2015 meeting with costs. Moved by G. Cascone - Seconded by J. Metcalfe That Application B be deferred to the May 13, 2015 meeting with costs. 4.6 B Owner: Bolton Medical Centre Ltd. (Agent: David McKay, MacNaughton Hermsen Britton Clarkson Planning Limited) Property Location: Highway 50, Caledon (Ward 5) The Committee received an from Simone Fiore, MHBC Planning, Urban Design & Landscape Architecture dated April 1, 2015 requesting deferral of the Minor Variance Application. Moved by J. Metcalfe - Seconded by T. Dolson That Application B be deferred for six months or sooner with costs.

3 Page 3 of A Owner: 135 Commercial Inc. (Agent: Gagnon & Law Urban Planners Ltd.) Property Location: Albion Vaughan Road,Caledon (Ward 5) The Committee received an from Marc De Nardis, Gagnon & Law Urban Planners Ltd. dated April 2, 2015 requesting deferral of the Minor Variance Application. Moved by G. Cascone - Seconded by M. Gallo That Application A be deferred for six months or sooner with costs. 5. MINOR VARIANCE APPLICATIONS 5.1 A Owner: Roman Skubik (Agent: Jeff Jansen) Property Location: 0 Isabella Street, Caledon (Ward 2) Purpose: To reduce the rear yard setback from 9.0m (30 ft) to 5.0m (16.4 ft) to permit the construction of a single family dwelling. The Chair inquired if the Agent had any new information to provide. The Secretary-Treasurer distributed correspondence to the Committee and the Agent from a neighbour in opposition to the application. The Agent, Martin Skubik advised that the driveway entrance is proposed on Isabella Street as required by the Region of Peel and that the Credit Valley Conservation Authority outlined a preferred location for the septic system. The Agent also advised that they have only been in contact with the direct neighbours. The Committee members made inquiries regarding the removal of trees and future landscaping plans and received responses from the Applicant's Agent and Town Staff. The Chair inquired whether there was anyone in attendance either in support of or in opposition to the application. Wendy Melville of 10 Isabella Street expressed concern regarding the removal of trees and the setbacks. Audrey Partridge of 15 Isabella Street provided correspondence regarding concerns of the tree damage/removal and the proposed driveway turnabout. The Committee members made inquiries regarding lot drainage, driveway location/erosion, septic area setbacks and site plan approval. The members received responses from the Agent and Town staff. Ms. Partridge requested a qualified arborist review the site prior to any construction and expressed concern regarding the trees that are in close proximity to the property line. Ms. Partridge stated that the setback is not a concern if trees are preserved. The Agent advised that there is no way to change the setback as they are trying to adhere to the requirements of the conservation authority.

4 Page 4 of 9 Moved by J. Metcalfe - Seconded by G. Cascone That Application A to reduce the rear yard setback from 9.0m (30 ft) to 5.0m (16.4 ft) to permit the construction of a single family dwelling, be approved. use of the land, building or structure referred to in the application; and 5.2 A Owner: Bryan and Abby Robertson Property Location: 5 Church Street East, Caledon (Ward 5) Purpose: To reduce the rear yard setback from 10.5m to 1.5m for the existing accessory building and to increase a legal non-conforming use from square metres to square metres. The Chair inquired if the Owner had any new information to provide and if they were in agreement with the draft conditions. The Owner advised that their last name is Robertson not Robinson as printed on the agenda and advised that he was in agreement with the draft conditions. The Owner provided correspondence in support of this application. The members asked a question regarding drainage and eaves troughs and received a response from the Applicant and Town Staff. The Chair inquired whether there was anyone in attendance either in support of or in opposition to the application. No one in attendance came forward. The Committee having considered the comments and recommendations of the Moved by R. Waldon - Seconded by M. Gallo That Application A to reduce the rear yard setback from 10.5m to 1.5m for the existing accessory building and to increase a legal nonconforming use from square metres to square metres, be approved subject to the following condition: 1. That the Secretary-Treasurer receive confirmation from Planning Law indicating that the Applicant has provided the following items: a. A certified cheque in the amount of $76.45, payable to The Corporation of The Town of Caledon, for legal fees and disbursements in respect of the title search completed for the application pursuant to the Town's Fee By-law.

5 Page 5 of 9 use of the land, building or structure referred to in the application: and 5.3 A Owner: Joe Scenna and Marco Scida (Agent: Marc Bozzo) Property Location: Albion Vaughan Road, Caledon(Ward 5) Purpose: To permit an existing temporary sales office on a lot zoned for residential uses, incidental to construction on another lot. The Chair inquired if the Agent had any new information to provide and if they were in agreement with the amended draft conditions. The Agent requested clarification regarding the requirement for a permit for the portable washroom. The Chair provided clarification. The Agent inquired if the removal date can be extended for a further six months and inquired if the $20,000 securities can be reduced Staff advised that should the applicant wish to extend the time, they can re-apply and that those fees are based on current pricing and are standard removal fees. The members asked a question regarding the future development plans and received a response from the Agent. The Chair inquired whether there was anyone in attendance either in support of or in opposition to the application. No one in attendance came forward. The Committee inquired if Town Staff have received complaints regarding the existing structures on the property, if the security requirements are standard practice, the location of future entrances, parking provisions and fill requirements. The Committee received a response from Town Staff and the Agent. Moved by M. Gallo - Seconded by J. Metcalfe That Application A to permit an existing temporary sales office on a lot zoned for residential uses, incidental to construction on another lot be approved, subject to the following conditions: 1. That the Secretary-Treasurer receives written confirmation from the Toronto and Region Conservation Authority that the applicant has obtained a TRCA permit pursuant to Ontario Regulation 166/06 from the TRCA for the proposed works;

6 Page 6 of 9 2. That the Secretary-Treasurer receives written confirmation from the Toronto and Region Conservation Authority that the applicant has paid the variance application fee of $ payable to the Toronto and Region Conservation Authority; 3. That the Secretary-Treasurer receive written confirmation from Planning Law indicating that the Applicant has provided the following items: a. A registered temporary sales office agreement to address the life cycle of the temporary structure (until October 14, 2016) and that it contain provisions including the requirement of security in the amount of $20,000.00, insurance and mortgage postponements; and b. A certified cheque, payable to The Corporation of The Town of Caledon, for legal fees and disbursements in respect of the preparation and registration of the above noted agreement in accordance with the Town's Fees By-law. use of the land, building or structure referred to in the application; and 5.4 A Owner: Brookfield Residential (Agent: Joanne Fung) Property Location: 2 McDevitt Lane, Caledon (Ward 3) Purpose: To reduce flank yard setback from 3.0m to 2.7m as per the attached site plan to Boyces Creek Road. The Chair inquired if the Agent had any new information to provide. The Agent advised that they had no new information to provide. from Committee members. No questions The Chair inquired whether there was anyone in attendance either in support of or in opposition to the application. No one in attendance came forward. Moved by T. Dolson - Seconded by J. Metcalfe That Application A to reduce flank yard setback from 3.0m to 2.7m as per the attached site plan to Boyces Creek Road be approved as per the attached sketch.

7 Page 7 of 9 use of the land, building or structure referred to in the application; and 5.5 A Owner: Toronto and Region Conservation Authority (Agent: John Lohmus, IBI Group) Property Location: Regional Road 50, Caledon (Ward 5) Purpose: Parking spaces shall not apply so long as parking spaces provided on site are in accordance with the attached schedule. Upon expiry of this minor variance all parking spaces must be returned to a condition consistent with the approved site plan and in compliance with all applicable by-law standards and permit a public transit depot on the subject lands for so long as this minor variance is in effect. The Chair advised that the variance has been amended to ensure the intent of the application is clear. The Chair inquired if the Agent had any new information to provide. The Agent advised that they had no new information to provide. The Committee members made inquiries regarding current/future parking surfaces, signage and grading. The Committee received responses from the Agent and Town Staff. The Chair inquired whether there was anyone in attendance either in support of or in opposition to the application. No one in attendance came forward. Moved by R. Waldon - Seconded by J. Metcalfe That Application A be approved, as amended that Section of Bylaw , as amended does not apply to the subject lands from June 1, 2015 to August 31, 2015, inclusive and that the temporary parking spaces be provided in accordance with the attached schedules; and to permit a public transit depot on the subject lands from June 1, 2015 to August 21, 2015, inclusive, as per the attached schedules. use of the land, building or structure referred to in the application; and

8 Page 8 of 9 6. CONSENT APPLICATIONS 6.1 B Owners: Ranjit and Atma Dhaliwal, Gurdip and Sunita Kuddu (Agent: Marc De Nardis, Gagnon Law Urban Planners Ltd.) Property Location: Airport Road, Caledon (Ward 3) Purpose: To " sever a property having as total of approximately 5.9 hectares (approximately acres). The effect of the application is to sever approximately 0.30 hectares (approximately 0.74 acres) with a frontage of metres to create a residential lot. The Chair inquired if the Agent had any new information to provide and if they are agreeable to the amended draft conditions. The Agent advised that they had no new information to provide and advised that this application is being brought forward as the previous one had a condition that has lapsed. The Agent requested clarification as to why additional conditions are being placed on the new consent. The Secretary-Treasurer provided a response. The Agent advised that he will review the changes in the conditions with the applicants. The Committee requested clarification regarding the Credit Valley Conservation Authority comment and if this pertains to the severed or retained portion. The Agent advised it is in regarding to the retained portion of the lot. Moved by R. Waldon - Seconded by M. Gallo That Application B to sever a property having as total of approximately 5.9 hectares (approximately acres). The effect of the application is to sever approximately 0.30 hectares (approximately 0.74 acres) with a frontage of metres to create a residential lot be approved, subject to the following conditions: A. The Secretary-Treasurer shall have been satisfied that the following conditions have been fulfilled within one year of the mailed date noted below and the Secretary-Treasurer's Certificate under the Planning Act shall be given. 1. That the Secretary-Treasurer's Certificate fees shall be paid, in the amount current at the time of the issuance of the Secretary-Treasurers Certificates; 2. That the Secretary-Treasurer receive the required number of prints of the resultant deposited reference plan(s); 3. That the Secretary Treasurer receive written confirmation from the Building Section providing clearance on the construction/ decommissioning of the septic system; 4. That the Secretary Treasurer receive written confirmation from Planning Law indicating that the Applicant has provided the following items:

9 Page 9 of 9 a. Draft Transfer prepared to the satisfaction of Planning Law; b. Signed Solicitor's Undertaking to provide the registered document listed in (a) immediately after registration of same; 5. That the Secretary Treasurer receive written confirmation from the Zoning Administrator confirming that both the severed and retained parcels satisfy all applicable Zoning By-law standards. The owner/agent must submit a development plan (drawn to scale in metric) certified by an Ontario Land Surveyor showing sufficient detail for staff to assess compliance with all applicable standards; 6. That the Secretary-Treasurer receive a clearance letter from the Town's Corporate Services Department that there are no outstanding financial obligations. 1. That regard has been had to those matters to be regarded under the Planning Act, inasmuch as the dimensions and shape of the lot are adequate for the uses proposed. 2. Subject to imposed conditions, the consent to the conveyance, will not adversely affect the proposed development. ADJOURNMENT On verbal motion moved by J. Metcalfe and seconded by T. Dolson, the adjourned at 2:53 p.m. hearing Brenda Duncan Chair Cindy Pillsvvorth Secretary-Treasurer