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HomeMy WebLinkAboutAugust 22-C¾0f-p](KERJNG Pending Adoption Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley· Also Present Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers Nilesh Surti, Manager, Development Review & Urban Design Lesley Dunne, Assistant Secretary-Treasurer Absent Deborah Wylie, Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the agenda for the Wednesday, August 22, 2018 meeting be adopted. . (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 10th meeting of the Committee of Adjustment held Wednesday, August 1, 2018 be adopted as amended. Carried Unanimously David Johnson, Committee Chair acknowledged the presence of Councillor McLean, Regional Councillor, Ward 2 and Councillor Cumming, City Councillor, Ward 2. Page 1 of 16 -C1°f-p](KERJNG (Ill) Reports 1. PICA 62/18 D. Dufaj 700 Hillcrest Road Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a maximum height of 10.6 metres; whereas the by-law requires a maximum height of 9.0 metres • to permit covered platform (porch) and associated steps not exceeding 2.6 metres in height above grade to project a maximum of 5.5 metres into the required front yard; whereas uncovered steps or platforms not exceeding 1.0 metre in height above grade may project not more than 1.5 metres into any required front yard The applicant requests approval of these variances in order to obtain a building permit to construct a detached dwelling. The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. In support of the application, the _applicant submitted a petition containing signatures from residents of 8 properties along Hillcrest Road including the adjacent neighbours to the north, south and to the east across Hillcrest Road. Mirka Kulesza, agent, was present to represent the application. Michelle Osborne of 593 Stonebridge Lane, Nancy Morgenroth of 599 Stonebridge Lane and Lisa Yuill of 597 Stonebridge Lane were present in objection to the application. Mirka Kulesza explained that as a result of the steep slope on the subject property the height of the proposed dwelling in the front yard is 10.6 metres and in the rear yard the height is 7.5 metres, with a driveway slope of 8%. Mirka Kulesza indicated the front porch will have 16 risers to access the dwelling. Michelle Osborne indicated she is not opposed to the variance for the covered platform (porch), however expressed several concerns with the height variance. Michelle Osborne noted that Council recently passed a height by-law and the applicant is already requesting a variance of 17 percent increase. The increase in height will result in loss of privacy and is considered a major variance not minor. Michelle Osborne submitted a petition containing 21 signatures opposed to the request for a variance to allow a building height of 10.6 metres. Page 2 of 16 -C~of-p](KERlNG Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers Nancy Morgenroth expressed a concern with the maximum height of 10.6 metres and feels this is a major variance not minor. Lisa Yuill agreed to comments expressed from Michelle Osborne and Nancy Morgenroth in objection to the application. In response to questions and concerns from residents, Mirka Kulesza explained that the height of the proposed dwelling in the rear yard is 7.5 metres, which is 1.5 metres below the by-law requirement. She also explored different design options and was not able to accommodate their client's needs. Given that the proposed building height in the rear yard complies with the zoning by-law, and only the height in the front requires a height variance because of the unique slope situation on the subject property, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sean Wiley That application PICA 62118 by D. Dufaj, be Approved on the grounds that the proposed variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3, 4, 5 & 6 contained in Committee of Adjustment Report dated August 22, 2018). 2. That the applicant obtain a building permit for the proposed construction by August 24, 2020, or this decision shall become null and void. · 2. PICA 65118 D. Bowler & M. Tayler 1305 Cornell Court Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 3385190: • to permit an accessory building (shed) to be located in the north side yard; whereas the by-law requires all accessory buildings which are not part of the main building shall be erected in the rear yard • to permit an accessory building (shed) to be set back a minimum of 0.3 of a metre from the north lot line; whereas the by-law requires that accessory structures must be set back a minimum of 0.6 of a metre from all lot lines Page 3 of 16 -C~0/-Pl(KERlNG Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers The applicant requests approval of these variances in order to permit an accessory building (shed) in the side yard. The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department indicating the Engineering Services Lot Grading Criteria requires a 0.6 of a metre undisturbed strip along the property boundary limits and recommends that the accessory building be located a minimum of 0.6 of a metre from the north property line. In support of the application the applicant submitted a petition that contained signature from 18 residents, including 2 directly adjacent to the subject property. Dean Bowler, applicant; was present to represent the application. Gail Reid-Wilkinson of 2513 Linwood Street was present in objection to the application. Dean Bowler indicated they constructed the existing shed in the same location and on the same footprint. Dean Bowler also stated they submitted a petition that contained signatures from surrounding neighbours in support of the application. Gail Reid-Wilkinson spoke to the correspondence that was previously submitted in opposition to the application. Gail Reid-Wilkinson expressed concerns with the location of the existing shed in the side yard and having an 8 inch set back does not provide adequate space for maintenance; results in a visual impact; and does not have an eaves trough to ensure rainwater will flow onto subject property. Gail Reid-Wilkinson also expressed a concern with a section of the back fence being removed in order to complete the construction of the shed; damage to their garden while completing the shed and replacing the new post; and requested the owners to replace the entire length of the fencing in their back yard and move the shed to comply with the zoning by-law. Gail Reid-Wilkinson asked the Committee to not approve this minor variance request. Moved by Denise Rundle Seconded by Eric Newton That application PICA 65/18 by D. Bowler & M. Tayler, be Deferred to the next Committee of Adjustment meeting to allow staff to recirculate a revised Public Notice as· it relates to the variances requested. Carried Unanimously Page 4 of 16 -C¾0f-p](KERlNG 3. PICA 66118, PICA 67118 and PICA 68118 J. Butler and A. & K. Wald 467 & 471 Rosebank Road Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610118: PICA 66/18 (Proposed Lot 1) • to permit a minimum lot frontage of 15.2 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum lot area of 509 square metres, whereas the by-law requires a minimum lot area of 550 square metres • to permit a minimum front yard setback of 6.0 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a minimum side yard width of 1.2 metres on both sides, whereas the by-law requires minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling • to permit a maximum lot coverage of 51 percent, whereas the by-law permits a maximum lot coverage of 33 percent PICA 67118 (Proposed Lot 2) • to permit a minimum lot frontage of 15.2 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum lot area of 509 square metres, whereas the by-law requires a minimum lot area of 550 square metres • to permit a minimum front yard setback of 6.0 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a minimum side yard width of 1.2 metres on both sides, whereas the by-law requires minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling • to permit a maximum lot coverage of 51 percent, whereas the by-law permits a maximum lot coverage of 33 percent PICA 68/18 (Proposed Lot 3) • to permit a minimum lot frontage of 15.2 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum lot area of 509 square metres, whereas the by-law requires a minimum lot area of 550 square metres • to permit a minimum front yard setback of 6.0 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres Page 5 of 16 Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers • to permit a minimum side yard width of 1.2 metres, whereas the by-law requires minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling • to permit a minimum flankage yard setback of 2.5 metres, whereas the by-law requires a minimum flankage yard of 4.5 metres • to permit a maximum lot coverage of 46 percent, whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these minor variance applications in order to facilitate the creation of three additional lots through the Region of Durham's Land Division Committee (File Numbers LD 104/18, LD 105/18 & LD 106/18), and to obtain building permits for the construction of three single detached dwellings. The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending the applications be tabled. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Larry MacDonell, agent, was present to represent the application. No further representation was present in favour of or in objection to the applic~tion. In response to a question from a Committee Member, the Manager, Development Review & Urban Design stated the applicant will be providing the additional information that is being requested. Moved by Tom Copeland Seconded by Eric Newton That applications PICA 66/18, PICA 67/18 and PICA 68/18 by J. Butler and A. & K. Wald, be Tabled until additional information regarding the extension and/or completion of Gillmoss Road and Dunn Crescent is provided to the satisfaction of the City. Carried Unanimously 4. PICA 69/18 A. & J. Kimble 945 Essa Crescent The applicant requests relief from Zoning By-law 2520, as amended: • to permit a maximum lot coverage of 37 percent, whereas the by-law permits-a maximum lot coverage of 33 percent Page 6 of 16 -C1°f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers • to permit partially covered steps to project into the required front yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard The applicant requests approval of these variances in order to obtain a building permit for the construction of an addition to the existing dwelling. The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Alan Kimble, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Alan Kimble indicated they would like to have the laundry room on the main floor an attached garage. In response to a question from a Committee Member, Alan Kimble stated the steps project approximately 18 inches into the front yard with 2 risers. Moved by Sean Wiley Seconded by Eric Newton That application PICA 69118 by A. & J. Kimble, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment report dated August 22, 2018). 2. That the applicant obtain a building permit for the proposed construction by August 24, 2020, or this decision shall become null and void. 5. PICA 70118 S. Della Porta 220 Martins Street Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended • to permit an accessory building (detached garage and cabana) with a maximum height of 5.7 metres in a residential zone; whereas the by-law requires that no accessory building shall exceed a height of 3.5 metres in any residential zone Page 7 of 16 -Cift;0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers • to permit an accessory building (detached garage and cabana) to be erected on the property outside of the rear yard; whereas the by-law requires all accessory buildings which are not part of the main building shall be erected in the rear yard The applicant requests approval of these variances in order to obtain a building permit to construct an accessory building (detached garage and cabana) as part of a proposal for a new detached dwelling. The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Robert Vrbnjak, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Robert Vrbnjak indicated the proposed detached garage will be constructed to be in line with the rear and side yard setbacks, and will have minimal impact on the streetscape. In response to ·questions from Committee Members, Robert Vrbnjak stated the 2nd floor in the cabana will be open space, it will not be heated and it will have plumbing that will be closed off in the winter months. Moved by Sean Wiley Seconded by Eric Newton That application PICA 70/18 by S. Della Porta, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed accessory building (detached garage and cabana), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment report dated August 22, 2018). 2. That the applicant obtains a building permit for the proposed construction by August 24, 2020, or this decision shall become null and void. Carried Unanimously Page 8 of 16 -C0J0f-p](KER]NG 6. PICA 71118 M. & S. Lall 2187 Duberry Drive Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 2024185: • to permit an uncovered platform (deck) not exceeding 1.4 metres in height above grade to project a maximum of 3.4 metres into the required rear yard whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard • to recognize an existing accessory structure setback a minimum of 0.9 metres from the north and east lot lines whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metres from all lot lines The applicant requests approval of these variances in order to obtain a building permit for the construction of an uncovered platform (deck) within the rear yard and to recognize an existing accessory structure setback. The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Madoo Lall, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Tom Copeland That application PICA 71118 by M. & S. Lall, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed deck and existing accessory structure, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment report dated August 22, 2018). 2. That the applicant obtains a building permit for the proposed construction by August 24, 2020. Carried Unanimously Page 9 of 16 -C1°f-p](KER]NG 7. PICA 73118 1585708 Ontario Limited 1095 Kingston Road Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 4138192 to permit a Day Nursery as an accessory use to a Commercial-Recreational Establishment, whereas the by-law does not permit a Day Nursery use on the subject lands. The applicant requests approval of this variance in order to permit a Day Nursery use to operate accessory to a proposed Commercial-Recreational Establishment (indoor commercial playground). The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were also received from the Toronto & Region Conservation Authority expressing no objections to the approval of the application. Shanmuga Vignarajah, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Shanmuga Vignarajah explained it will be a large indoor playground; has received approvals for the temporary daycare and programming from the Ministry of Education; and the daycare program can hold up to 69 children. In response to questions from a Committee Member, Shanmuga Vignarajah stated an outdoor space is not required because the after school program will be from 3:00 pm to 6:00 pm. He also stated there will be ample on-site space for drop off and pick up. Moved by Sean Wiley Seconded by Eric Newton That application PICA 73118 by 1585708 Ontario Limited, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1 . That the proposed day nursery shall only be permitted within the area of the existing commercial building identified as Unit 1 on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment report dated August 22, 2018). Carried Unanimously Page' 10 of 16 -C1of-p](KER]NG 8. PICA 74118 Emix Limited 1099 Kingston Road Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 6777107 to permit an animal boarding establishment in association with a Service Shop (dog grooming facility), whereas the by-law does not permit an animal boarding facility. The applicant requests approval of this variance in order to permit a portion of the existing building to be used for an animal boarding establishment in association with a proposed dog grooming facility. The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were also received from the Toronto & Region Conservation Authority expressing no objection to the approval of the application. Michael Testaguzza, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Michael Testaguzza stated the building is a multipurpose building and is currently occupied by a mix of uses including offices, commercial uses and personal service uses. Michael Testaguzza also stated there would be approximately 50 to 100 dogs boarded based upon a similar size facility located in the GT A. In response to a question from a Committee Member the Manager, Development Review & Urban Designed explained there are no general provisions for an animal boarding establishment and that it would be a site specific zoning by-law. Due to other similar service uses currently permitted on the subject property, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Tom Copeland That application PICA 74118 by Emix Ltd., be Approved on the grounds that the animal boarding establishment is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: Page 11 of 16 -C~0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers 1. That an animal boarding establishment shall mean a building, structure or part thereof, where dogs, cats and other domesticated animals, excluding livestock, are groomed, trained or kept for a fee on a temporary basis and may include outdoor facilities. · · 2. That the proposed animal boarding establishment shall only be permitted within the area of the existing commercial building identified as Unit 7 on the submitted plan (refer to Exhibit 3 contained in Committee of Adjustment report dated August 22, 2018). 9. (Tabled at the April 18th meeting) PICA 29118 C. Newton 631 Liverpool Road Moved by Denise Rundle Seconded by Tom Copeland Carried Unanimously That application PICA 29118 by C. Newton, be lifted from the table. Carried Unanimously The applicant requests relief from Zoning By-law 2520, as amended by By-law 5938102, to permit a private school on the subject lands, whereas the by-law does not permit a private school. The applicant requests approval of this variance in order to expand the list of permitted uses on the subject property to include a private school. The Committee Member, Eric Newton, declared that he is not related to the applicant and has no conflict of interest. · The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department noting that the revised Traffic Report indicates that a restaurant use is expected to result in greater traffic generation than a private school; however no trip generation analysis for a restaurant was provided. The report indicates that the school will. generate 45 inbound and 37 outbound trips during the morning peak house, operating with an excellent level of services and minimal delay; however the Synchro 9 software used in the analysis has considered the single-lane access as a two-lane access. Page 12 of 16 -Ci%0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers Due to the one-way access, site traffic will have to wait for each other to exit/enter the site; the actual level of service will go down because of this issue. The traffic report noted that the applicant may use passenger vans of 12 person capacity to transport students to the proposed school; this would be preferred because it would generate less traffic on Liverpool Road and have less of an issue with a single-lane access. M9ri Edelstein, agent, and Carlos Newton, applicant, were present to represent the application. Sarah Dolatshahi of 655 Audley Road South, Lucy Luciano of 1527 Meldron Drive and Mathew Crisp of 935 Essa Crescent were present in favour of the application. · Mori Edelstein indicated that since the last meeting a revised traffic study has been submitted addressing the volume of traffic and safety concerns. He further stated that the private school operator is committed to using small passenger vans to shuttle students from the main campus to this location in order to reduce traffic. He also stated that his client, Carlos Newton, has submitted a signed petition collecting 66 signatures of residents and 20 signatures from local business in favour of the private school. Mori Edelstein stated that they are in favour of all of the conditions, but requested that Condition 5 be amended allow the private school to end at 5:30 pm instead of 6:00 pm. This request is to allow Carlos Newton to operate the Mixed Martial Arts School at 5:45 pm. Mori Edelstein concluded that the proposed complies with the City's Official Plan, will require less parking, the use is similar to other uses on-site and minimal impact on the surrounding areas. Sara Dolatshahi stated that the Montessori School is a family oriented environment, will bring more business to the area; great location to work, shop, play, study and teach children about the environment and nature. Lucy Luciano stated that her children have attended the Montessori School and provided a history and background of her experiences with the school; the Montessori School functions like one large family. Lucy Luciano also stated that since the meeting in April she has had the opportunity to visit the subject property; ask questions and visit local business. Mathew Crisp stated the Montessori School has excellent staff to work with, as well a great working community and family environment. David Frampton expressed a concern with traffic and having shuttle buses is not the solution; and the traffic will only increase when the development on Liverpool Road is completed. David Frampton stated he would like the neighbourhood left the way it is. Nancy Norris expressed concerns with no green space and limited parking on-site; the number of students; and using mini vans to transport students that will increase traffic. Page 13 of 16 -C£%o/-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers Councillor Cumming, Ward 2, expressed several concerns with the increased traffic flow from the proposed drop off and pick up of children without negatively affecting the area residents; limited on-site parking; and potential for traffic to back up on Liverpool Road because of a single aisle driveway. Councillor Cumming stated the surrounding area already has major traffic concerns and is opposed to the application. Councillor McLean, Ward 2, agrees with Councillor Cumming's comments and expressed concerns with traffic safety; that the existing driveway can only accommodate a one-way drive aisle creating an unsafe situation and does not support the application. Councillor McLean stated he would prefer the hours of operation be 7:00 am to 6:00 pm and not end at 5:45 pm as the applicant has requested. In response to questions from Committee Members, Mori Edelstein and Carlos Newton stated that main campus is located at Kingston Road and Rosebank Road. Given the traffic in the immediate area they are no longer interested in operating a restaurant. The purpose of the private school is because of a viable tenant that can make sure of the same space at different times. In response to questions from the Committee, the applicant's transportation consultant stated that notwithstanding the site has along a single-lane access, the level of service would not worsen. Majority of the traffic that will be existing the site will be a north bound right-turn therefore there will be minimal queuing delays along Liverpool Road. Based on their analysis, approximately 1 to 2 vehicles per. minutes will be generated during peak hours. The traffic analysis also took into consideration that all student drop-off and pick-up will happen on-site at the rear of the building. The transportation consultant also acknowledged that if the total number of students were reduced that would potentially reduce traffic volumes Due to the private school being closed during the summer months which is the peak traffic volumes in the area and the applicant has worked with the City to address various traffic and safety concerns, Sean Wiley moved the following motion: · Moved by Sean Wiley Seconded by Denise Rundle That application PICA 29/18 by C. Newton, be Approved on the grounds that the addition of a private school is minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That the variance for a private school shall only be approved for a temporary period of two years from the date of this decision. Page 14 of 16 -C~0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday,August22,2018 7:04 pm Council Chambers 2. That the variance for the private school shall only be permitted to operate within the ground floor and basement of the existing mixed-use building as illustrated on the approved site plan, dated February 9, 2018. 3. That the private school shall be limited to a maximum gross leasable floor area of 335 square metres. 4. That the private school shall not exceed a maximum of 50 students. 5. That the private school shall be permitted to operate from September 1st to July 1st between the hours of 7:00 am and 6:00 pm. 6. That no other non-residential uses be permitted to operate on the subject property concurrent to the hours of operation of the private school as noted in Condition 5 above. 7. That failure to comply with and maintain the conditions of the Committee will render the approved variance null and void. 8. The operator of the proposed private school shall make arrangements to use passenger vans for transportation of students whenever possible, in order to minimize the amount of vehicular movement required for access and egress. Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley opposed opposed in favour in favour in favour Carried Page 15 of 16 -Cdt;Df-PlCKERlNG (IV) Adjournment Moved by Eric Newton . Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, August 22, 2018 7:04 pm Council Chambers That the 11th meeting of the 2018 Committee of Adjustment be adjourned at 9:11 pm and the -next meeting of the Committee of Adjustment be held on Wednesday, September 12, 2018. Carried Unanimously Date Chair isant Secretary-Treasurer Page16of16