Minutes of a Committee of Adjustment Meeting

Electronic Participation

-
Chair and Secretary-Treasurer Participating Remotely
The Corporation of the Town of Orangeville
Members Present:
  • A. Howe
  • R. Baldassara
  • S. Wilson
  • Deputy Mayor Taylor
Staff Present:
  • B. Ward, Manager of Planning
  • T. MacDonald, Acting Secretary-Treasurer

1.
Call to Order

 

2.
Disclosures of (Direct or Indirect) Pecuniary Interest

 

None. 

3.
Adoption of Minutes of Previous Meeting

 

That the minutes of the following meeting are approved: 

November 2, 2022 Committee of Adjustment

  • Moved byTodd Taylor

    That the minutes of the following meeting are approved: 

    2022-11-02 Committee of Adjustment Minutes

    Carried

4.
Statutory Public Hearing

 

4.1
File No. A-15/22 - 19 Glengarry Road

 

The Chair asked if anyone wished to speak in support of the application and Patricia Sproule Ward spoke on behalf of the applicant and provided a history of the evolution of the deck including indicating that the deck was already constructed at the time of purchase. Ms. Sproule Ward indicated that the dwelling at 19 Glengarry was constructed prior to the dwelling at 21 Glengarry.  Ms. Sproule Ward outlined that as the intent of the Official Plan is not being violated, that the request is minor in nature, the deck in question is not new and does not impact community form the minor variance should be approved. Ms. Sproule Ward also indicated that there is both a gate and privacy features on the deck. Ms. Sproule Ward referenced four letters of support that she has obtained from residents of Glengarry. Ms. Sproule Ward also referenced that the use of the side yard does not change, even if the deck is removed and suggested that if the committee is not in favour of approving the minor variance that the committee could defer the decision to see if there is another acceptable alternative.

The Chair asked if there were any questions and there were none. The Chair asked if anyone else wished to speak in support of the application and there were none. 

4.1.1
Cristina Murphy, 19 Glengarry

 

The Chair asked if anyone wished to speak in opposition to the application.

Cristina Murphy and Trevor Murphy spoke in opposition and presented a video to the members that outlined concerns related to the minor variance application which include non compliance with the by-law, pet damage, privacy, drainage, garbage, etc.

The Chair asked if anyone else wished to speak in opposition to the application and there were none. 

The Chair asked if there were any questions and Deputy Mayor Taylor questioned the timing of the deck being built and if there are any Town records relating to that. Ms. Sproule Ward advised that she was advised the Town had no record of the deck.

4.1.2
Planning Report - A15-22 - 19 Glengarry Road

 

  • The Chair asked if the members had any questions for planning staff. Deputy Mayor Taylor questioned the existence of a building permit. Brandon Ward, Manager of Planning advised that the Town has a lot drainage plan which shows the outline of a deck which demonstrates compliance with the by law and that the Town has a survey plan showing the site after the foundation is installed. Mr. Ward indicated that it is the practice for Town staff to inspect the site to ensure lot grading is done in accordance with the plan and staff have been clear that if there was an encroachment into the side yard as exists today it would have been a red flag as it is in contravention of the drainage plan supplied. 

    The Chair asked if there were other questions and Mr. Howe questioned Ms. Sproule Ward's suggestion of deferring to a later meeting or granting a temporary minor variance to allow further consultation with Town staff. Ms. Sproule Ward indicated that if the matter were deferred it would likely need to be to the February meeting. Chair Wilson questioned what a temporary minor variance would accomplish. 

    Ms. Baldassarra asked If a building permit been requested would not the setback have needed to be 1.2 m. Mr. Ward indicated that is correct. Mr. Ward advised that it is important to look at the matter as if it was being sought to be constructed at present day. 

    The Chair asked for additional questions and there were none. 

     

    Moved byTodd Taylor

    That Planning Report A15-22 – 19 Glengarry Road be received;
    And that the minor variance to reduce the interior side yard setback from 1.2 metres to 0 metres in order to legalize an existing non-complying deck, be refused.

    Yes (3)Todd Taylor, Alan Howe, and Rita Baldassara
    No (1)Scott Wilson
    Carried (3 to 1)

4.1.3
Correspondence from Orangeville Hydro dated November 18, 2022

 
  • Moved byAlan Howe

    That the correspondence from Orangeville Hydro dated November 18, 2022, be received. 

    Carried

5.
Items for Discussion

 

None. 

6.
Correspondence

 

None. 

7.
New Business

 

None. 

8.
Date of Next Meeting

 

The next meeting is scheduled for January 4, 2023.

9.
Adjournment

 

The meeting was adjourned at 7:10 p.m.

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