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200921 Council MIN1 MINUTES Monday, September 21, 2020 4:30 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Town Clerk Amelia Jaggard, Deputy Clerk Eric Gilbert, Senior Planner Geno Vanhaelewyn, Chief Building Official Carlos Reyes, Director of Operations _____________________________________________________________________ 1.Call to Order 2.Adoption of Agenda Resolution # 2020-425 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Council meeting of Monday, September 21, 2020, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof (Arrived at 5:07 p.m.) 2 No disclosures of pecuniary interest were declared. 4. Adoption of Council Minutes of Previous Meeting 5. Public Meetings Resolution # 2020-426 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 4:32 p.m. Carried 5.1 Application for Minor Variance A 09-20 (JMG Adventures Inc.) The Senior Planner provided an overview of the application and indicated that staff support the application for minor variance. The applicant, Mr. Penner noted this is a good news story as they have outgrown their space and now wish to expand. Parking is handled on street and also on the municipal lot. Councillor Rosehart noted her concern as it relates to the removal of trees on the property. Mayor Molnar asked how the one way laneway is designated the applicant noted there can be a marking on the asphalt but that it hasn't been a concern to date. Mark Renaud noted that the BIA supports the application. Resolution # 2020-427 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT the Committee of Adjustment approve Application File A09-20, submitted by JMG Adventures Inc, for lands described as Part Lot 941 & Lot 942, Plan 500, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 15.3.3.2.5- NC-3 Zone Provisions- Gross Area for Office Use, to increase the maximum permitted gross floor area from 280 sq m (3,014 sq ft) to 470 sq m (5060 sq ft); 2. Relief from Section 5.24.2.1- Required Parking, to reduce the required parking for the proposed addition from 9 spaces to 4 spaces; 3 3. Relief from Section 5.24.16- Minimum Aisle Width, to reduce the minimum parking aisle width from 7.3 m (24 ft) to 6.8 m (22.3 ft); 4. Relief from Section 5.24.3.1- Location of Parking Areas, to reduce the required setback of a parking area from an interior lot line from 6 m (19.69 ft) to 1.5 m (4.9 ft). Subject to the Owner entering into a cash-in-lieu of parking agreement with the Town of Tillsonburg. Carried Resolution # 2020-428 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council move out of the Committee of Adjustment and move back into regular Council session at 4:51 p.m. Carried 5.2 Applications for Consent and Minor Variance B20-32-7 and A20-05-7 (Oxford Lofts Inc.) The Senior Planner reviewed the application. Staff is suggesting that an access easement be required over the severed parcel. Deputy Mayor Beres asked about servicing and who pays for the servicing costs. The Planner noted that the current development is not on full services but any new development on the severed parcel would be required to be on full servicing with the costs assumed by the property owner. Councillor Gilvesy asked about the Central Area design guidelines for the development and the Senior Planner noted that the applicant would be required to provide a design brief prepared by an architect to ensure the development would meet the guidelines. Mr. Teeple, the agent for the applicant appeared before Council and answered any questions. Resolution # 2020-429 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres 4 THAT Council advise the Land Division Committee that the Town supports Minor Variance Application A20-05-7, for lands described as Lot 761 and Part of Lots 763 & 764A, Plan 500, in the Town of Tillsonburg, municipally known as 83 Rolph Street, Town of Tillsonburg as it relates to: 1. Section 12.2, EC Zone Provisions, Required Rear Yard Depth, to reduce the rear yard depth from 12.5 m (41 ft) to 4.7 m (15.42 ft); 2. Section 12.2, EC Zone Provisions, Planting Strip Width, to reduce the required planting strip width from 1.0 m (3.3 ft) to nil; 3. Section 5.24.3- Location and Setback of Parking Areas, to permit parking with a 0 m setback from the street line and interior side lot line. AND THAT Council advise the Land Division Committee that the Town supports the proposal to sever the subject property, subject to the conditions contained in Report CP 2020-245. Carried 5.3 Applications for Consent and Minor Variance B20-33-7 and A 20-06-7 (E & E McLaughlin Ltd.) The Senior Planner provided an overview of the application. Andrew Gilvesy, agent for the applicant noted his support of the staff recommendation. Resolution # 2020-430 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council advise the Land Division Committee that the Town is supports of Minor Variance Application A20-06-7, for lands described as Lot 2, Plan 41M-205 and PARTS 3 & 6, Reference Plan 41R-7549, Town of Tillsonburg as it relates to: 1. Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the minimum lot depth from 30 m (98.4 ft) to 27 m (88.5 ft) for the lots to be severed; and 2. Relief from Section 7.2, Table 7.2 – R2 Zone Provisions, to reduce the minimum lot depth from 30 m (98.4 ft) to 27 m (88.5 ft) for the lots to be retained; 5 AND THAT Council advise the Land Division Committee that the Town supports the proposal to sever the subject property, subject to the conditions contained in Report CP 2020-240. Carried 5.4 Application for Zone Change ZN 7-20-10 (Nagy) The Senior Planner provided an overview of the application. There were no comments received from the public. Since the mapping provisions still need to be prepared, staff is suggesting that the application be approved in principle. The Mayor asked about site plan for the property and the Senior Planner noted that staff is suggesting that the open storage use on the property would be treated as the Industrial Zone provisions and that other requirements can be provided in a site plan for the lands. Suzen Nagy, the applicant noted that they are proposing indoor storage at this time and will be looking at an outdoor contracting yard at a later date. Resolution # 2020-431 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council approve the zone change application submitted by Olga Nagy (Lajos Nagy), whereby the lands described as Part Lot 3, Concession 5 in the Town of Tillsonburg, known municipally as 1801 Highway 3, are to be rezoned from ‘Future Development Zone (FD)’ to ‘Special Future Development Zone (FD-sp)’ to allow for the development of a contractor’s yard & shop and a public storage business within an existing non-residential building on the subject lands. Carried 6. Planning Applications 7. New Business 8. Motions/Notice of Motions 9. By-Laws 10. Confirm Proceedings By-law 6 Resolution # 2020-432 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 2020-095, to Confirm the Proceedings of the Council Meeting held on September 21, 2020, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 11. Items of Public Interest 12. Adjournment Resolution # 2020-433 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Council Meeting of Monday, September 21, 2020 be adjourned at 5:38 p.m. Carried