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210419 Planning Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Planning Meeting AGENDA Monday, April 19, 2021 4:30 PM Electronic Meeting 1.Call to Order 2.Adoption of Agenda Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council Planning meeting of April 19, 2021, be approved. 3.Disclosures of Pecuniary Interest and the General Nature Thereof 4.Adoption of Council Planning Minutes of Previous Meeting Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the minutes of the Council Planning meeting held on February 16, 2021, be approved. 5.Public Meetings Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at ___ p.m. 5.1.Application for Minor Variance A02-21 (Jones) Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A02-21, submitted by Steffanie Hartnell and Dale Jones, for lands described as Lot 35, Plan 41M-251, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.1- Table 5.1.1.4 - Regulations for Accessory Buildings and Structures, to permit an accessory building within an exterior side yard; 2. Relief from Section 7.2 – R2 Zone Provisions - Exterior Side Yard, to reduce the minimum required exterior side yard width from 6 m (19.6 ft) to 1.4 m (4.5 ft) to facilitate the construction of a residential accessory structure. Subject to the following conditions: i. That a building permit for the proposed accessory building be issued within one year of the date of Committee’s Decision; ii. That the proposed relief shall only apply to an accessory building of the approximate size and location as depicted on Plate 3 of Repot CP 2021-103. 5.2.Application for Minor Variance A04-21 (Dalm Construction Limited) Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A04/21 submitted by Dalm Construction Limited, for lands described as Lot 63, Plan 41M-218, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 – R1 Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.4 ft) to 9.3 m (30.5 ft), to facilitate the construction of a single detached dwelling with a covered porch on the subject lands. Subject to the Owner obtaining a building permit for the proposed dwelling within one year of the date of the Committee's decision. 5.3.Application for Minor Variance A05-21 (Wrenmark Limited) Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A05/21 submitted by Wrenmark Limited, for lands described as Lot 135, Plan M-16, Town of Tillsonburg, as it relates to: Page 2 of 130 1. Relief from Section 9.2 - RM Zone Provisions – Exterior Side Yard, to reduce the minimum required exterior side yard width from 7.5 m (24.6 ft) to 6.42 m (21 ft); 2. Relief from Section 5.24.3 - Table 5.24.3 - Location and Setback Requirements for Parking Areas, to permit parking in the front yard and exterior side yard, in lieu of the rear yard or interior side yard, to facilitate the construction of two 2-storey multiple unit dwellings; 3. Relief from Section 9.2.1- Distance Between Multiple Unit Dwellings on One Lot, to reduce the minimum distance between the exterior walls of two multiple unit dwellings from 12.5 m (41 ft) to 3.6 m (11.8 ft). 5.4.Application for Minor Variance A06-21 (Tillsonburg Properties for Community Living) Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A06-21, submitted by Tillsonburg Properties for Community Living, for lands described as Lot 606, Plan 500, Town of Tillsonburg, as it relates to: 1. Permission to extend an existing legal non-conforming use to permit the construction of an addition to an existing multiple unit dwelling, consisting of an exterior stairway, with a rear yard depth of 1.9 m (6.2 ft), and a 0.1 m (0.3 ft) interior side yard width. Subject to the following conditions: i. That an updated building location survey be provided to verify the setback between the proposed addition and the rear and interior lot lines; ii. That a building permit for the proposed addition be issued within one year of the date of Committee’s Decision; iii. That the relief only apply to facilitate an addition at the location and of approximate dimensions as illustrated on Plate 4 of CP Report 2021-109. 5.5.Application for Minor Variance A07-21 (Robinson) Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A07-21, submitted by Susan Robinson, for lands described as Lot 482, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 - R1 Zone Provisions - Rear Yard, to reduce the minimum required rear yard depth from 12.5 m (41 ft) to 1.7 m (5.6 ft) to facilitate an addition to Page 3 of 130 the rear of the existing dwelling. Subject to the following conditions: i. That a building permit for the proposed addition be issued within one year of the date of Committee’s Decision; ii. That the relief only apply to facilitate an addition at the location and of approximate dimensions as illustrated on Plate 4 of CP Report 2021-111. 5.6.Application for Minor Variance A08-21 (Grassmere Construction Limited) Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approve Application File A08-21, submitted by Grassmere Construction Limited, for lands described Lot 1, Plan 1033, Town of Tillsonburg, as it relates to: 1. Relief from Section 14.2 – SC Zone Provisions - Interior Side Yard, to reduce the minimum required interior side yard width from 4.5 m (14.7 ft) to 2.6 m (8.5 ft) to facilitate the construction of a new office building for a contractor’s yard business. Subject to the following conditions: i. The minimum interior side yard setback of 2.6 m (8.5 ft) shall apply between the proposed office building and the easterly interior lot line. ii. Approval is subject to an approved amendment to Site Plan File TSPC 7-53. Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council move out of the Committee of Adjustment and move back into regular Council session at ___ p.m. 5.7.Application for Zone Change ZN 7-21-02 (Marleau and Kitching) Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council approve the zone change application submitted by Randy Marleau, Tereasa Marleau and Robert Kitching, whereby the lands described Part Block A, Plan 966, Part 3 of 41R-9192, in the Town of Tillsonburg known municipally as 30 Old Vienna Road are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 1 Zone (R1-sp)’ to facilitate the development of a detached secondary dwelling unit. Page 4 of 130 6.Planning Reports 7.New Business 8.Motions/Notice of Motions 9.By-Laws 10.Confirm Proceedings By-law Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT By-Law 2021-045, to Confirm the Proceedings of the Council Planning meeting held on April 19, 2021, 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. 11.Adjournment Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT the Council Planning meeting of April 19, 2021 be adjourned at ___ p.m. Page 5 of 130 1 The Corporation of the Town of Tillsonburg Council Planning Meeting MINUTES Tuesday, February 16, 2021 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 Eric Gilbert, Senior Planner Carlos Reyes, Director of Operations Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Adoption of Agenda The Clerk received a request from Denis Brolese (Agent) and Amer Cengic (Owner) for Application CD 20-02-7, to speak as a delegation to agenda item 6.2. Resolution # 2021-072 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart Page 6 of 130 2 THAT the Agenda as prepared for the Council Planning meeting of February 16, 2021, be approved. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof Councillor Gilvesy declared pecuniary interest on the following item: 1. Item 5.3 in open session with the reason being that the applicant is her husband. No other disclosures of pecuniary interest were declared. 4. Adoption of Council Planning Minutes of Previous Meeting Resolution # 2021-073 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT the Minutes of the Council Planning meeting held on January 19, 2021, be approved. Carried 5. Public Meetings Resolution # 2021-074 Moved By: Councillor Esseltine Seconded By: Councillor Luciani THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 4:33 p.m. Carried 5.1 Application for Minor Variance A 14-20 (Leliveld) The Senior Planner provided an overview of this application. No public input was received on this application and staff are recommending that the application be approved. Resolution # 2021-075 Moved By: Councillor Parker Seconded By: Councillor Esseltine Page 7 of 130 3 THAT the Committee of Adjustment approve Application File A14-20, submitted by Peter Leliveld, for lands described as Lot 9, Plan 500, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 7.2 – R2 Zone Provisions, to reduce the minimum required lot area from 620 m2 (6,674 ft2) to 459 m2 (4,940.6 ft2) to facilitate the conversion of the existing single detached dwelling to a duplex; 2. Relief from Section 5.4- Dwelling Units Below Grade, to permit a dwelling unit within the basement of the existing dwelling. Subject to the Owner obtaining a building permit for the proposed duplex conversion within one year of the date of the Committee’s Decision. Carried 5.2 Application for Minor Variance A 01-21 (Victoria Wood (Tillsonburg) GP Inc.) The Senior Planner provided an overview of the application. Staff recommend approval of the application. The agent, Nancy Shoemaker was present to answer any questions that the members might have on the application. Resolution # 2021-076 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT the Committee of Adjustment approve Application File A01-21, submitted by Victoria Wood (Tillsonburg) GP Inc., for lands described as Proposed Lot 4, of Phase 3 of Draft Plan 32T-06005, Town of Tillsonburg, as it relates to: 1. Relief from Table 7.2 – R2 Zone Provisions, to reduce the minimum required lot depth from 30 m (98.4 ft) to 29.55 m (96.9 ft), to facilitate the construction of a future single detached dwelling. Carried Resolution # 2021-077 Moved By: Councillor Esseltine Seconded By: Councillor Luciani Page 8 of 130 4 THAT Council move out of the Committee of Adjustment and move back into regular Council session at 4:45 p.m. Carried 5.3 Application for Zone Change ZN 7-20-19 (Flint Farms Inc.) Councillor Gilvesy declared a pecuniary interest in this matter and abstained from all discussion and voting on this matter. The Senior Planner reviewed the application and noted that the property as zoned does not support retail. The application does not meet the intent of the Official Plan and the Zoning by-law and as such recommend that the application not be approved. The applicant, Tiffany Longarini, addressed the questions from Council. Parking and the flow of traffic is problematic due to high volumes of transactions and she felt this location would be best for this intended use. Resolution # 2021-078 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT notwithstanding the staff recommendation, the Council approve the zone change application submitted by Flint Farms Inc., whe reby the lands described as Part Lot 35, Plan 551, Town of Tillsonburg, known municipally as 523 Broadway are to be rezoned from ‘Service Commercial Existing Plaza Zone (SC-E)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a retail store as an additional permitted use on the subject lands and that Council enact a temporary use by-law under Section 39 of the Planning Act to permit the proposed retail store for a temporary period of not more than three years. Carried 6. Planning Reports 6.1 Application for Zone Change Removal of Holding Provision ZN 7-21- 01 (Victoria Wood (Tillsonburg) GP Inc.) The Senior Planner provided an overview of the application. This is the last phase of the subdivision and the subdivision agreement has been signed by the Town. Page 9 of 130 5 Nancy Shoemaker noted she is in support of the staff recommendation. Resolution # 2021-079 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council approve the zone change application, File No. ZN 7 -21-01, as submitted by Victoria Wood (Tillsonburg) GP Inc., for lands described as Part of Lot 7, Concession 12 (Dereham), Parts 5-11 of Reference Plan 41R-9832, in the Town of Tillsonburg, to rezone the subject lands to remove the Holding Provision from properties within Phase 3 of Victori a Woods (the Oaks) draft plan of subdivision. Carried 6.2 Application for Draft Plan of Condominium and Exemption from Draft Plan Approval CD 20-02-7 (1967113 Ontario Inc.) The Senior Planner reviewed the application and recommended approval. Denis Brolese, applicant, appeared before Council and provided an update on the project. He supports the staff recommendation. Resolution # 2021-080 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council advise County Council that the Town supports the application for draft approval of a proposed condominium submitted by 1967113 Ontario Inc, (File No. CD 20-02-7), prepared by MTE Ontario Land Surveyors, dated January 5, 2021, for lands described as Part Lots 1389 & 1390, and all of Lot 1391, Plan 500, in the Town of Tillsonburg; AND THAT Council advise County Council that the Town supports the application for exemption from the draft plan of condominium approval process, submitted by 1967113 Ontario Inc, (File No. CD 20-02-7), prepared by MTE Ontario Land Surveyors, dated January 5, 2021, for lands described as Part Lots 1389 & 1390, and all of Lot 1391, Plan 500, in the Town of Tillsonburg, as all matters relating to the development have been addressed through the Site Plan Approval process and a registered site plan agreement with the Town of Tillsonburg. Page 10 of 130 6 Carried 6.3 Expansion of the Prohibition of Ground Floor Residential Development in the Central Commercial Zone CP 2021-17 Resolution # 2021-081 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives CP Report 2021-17 as information; AND THAT staff be directed to submit applications for an Amendment to the Official Plan and amendment to the Town Zoning By-Law to modify or expand the existing prohibition on ground floor residential development within the Central Business District and Central Commercial Zone. Carried 7. New Business 8. Motions/Notice of Motions 9. By-Laws 9.1 By-Law 2021-022, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-14) 9.2 By-Law 2021-023, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-01) 9.3 By-Law 2021-024, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-16) 9.4 By-Law 2021-025, to Amend Zoning By-Law Number 3295, as amended (ZN 7-21-01) Resolution # 2021-082 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT By-Law 2021-022, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-14); and By-Law 2021-023, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-01); and Page 11 of 130 7 By-Law 2021-024, to amend Zoning By-Law Number 3295, as amended (ZN 7-20-16); and By-Law 2021-025, to amend Zoning By-Law Number 3295, as amended (ZN 7-21-01), 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 10. Confirm Proceedings By-law Resolution # 2021-083 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 2021-021, to Confirm the Proceedings of the Special Council meeting and the Council Planning meeting held on February 16, 202 1, 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. Adjournment Resolution # 2021-084 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT the Council Planning meeting of February 16, 2021 be adjourned at 5:35 p.m. Carried Page 12 of 130 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A02-21 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: April 19, 2021 REPORT NUMBER: 2021-103 OWNERS: Steffanie Hartnell & Dale Jones 35 Park Place, Tillsonburg ON N4G 0B8 AGENT: Travis Sherman- Forest City Pool & Patio Inc. #14-15, 3392 Wonderland Road South, London ON N6L 1A8 REQUESTED VARIANCES: 1. Relief from Section 5.1 - Table 5.1.1.4 - Regulations for Accessory Buildings and Structures, to permit an accessory building within an exterior side yard; 2. Relief from Section 7.2 – R2 Zone Provisions - Exterior Side Yard, to reduce the minimum required exterior side yard width from 6 m (19.6 ft) to 1.4 m (4.5 ft) to facilitate the construction of a residential accessory structure. LOCATION: The subject lands are legally described as Lot 35, Plan 41M-251, Town of Tillsonburg. The lands are located on the south and west side of Park Place, south of North Street West, and are municipally known as 35 Park Place in the Town of Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW : Special Low Density Residential Type 2 Zone (R2-7) Page 13 of 130 File Number: A02-21 Report Number 2021-103 Page 2 SURROUNDING USES: Surrounding land uses include primarily low density residential development, consisting of single detached dwellings with an institutional use to the southwest and a mobile home development to the east. COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provision of the Town Zoning By-law to facilitate the construction of an accessory building within the required exterior side yard setback. The proposed accessory building will have an area of 22.3 m2 (240 ft2). The subject property has an area of 550 m2 (5,920 ft2) and contains a single detached dwelling (circ. 2011). Plate 1, Location Map with Existing Zoning, illustrates the location of the property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, is an aerial view of the property as it existed in 2015. Plate 3, Applicants’ Site Plan, depicts the proposed setback of the accessory building. Plate 4, Applicants’ Sketch, depicts the floor plan of the proposed pool shed/accessory building. Plate 5, Accessory Building Elevations, depicts the proposed appearance of the accessory building. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Building Department indicated that grading and building permit review & approval will be required if the application is approved. The Town Engineering Services Department indicated that a lot grading plan will be required at time of building permit submission. The proposed hot tub will need to be relocated due to the presence of an existing drainage swale. (c) Public Consultation: Public Notice was provided to surrounding property owners on April 8, 2021 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. Page 14 of 130 File Number: A02-21 Report Number 2021-103 Page 3 (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses consist primarily of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling and accessory uses is consistent with the ‘Low Density Residential’ policies of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is currently zoned ‘Special Low Density Residential Type 2 Zone (R2-7)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the R2-7 zone include a single detached dwelling and home occupation. The provisions of the R2 zone require a minimum lot area of 450 m2 (4,843.9 ft2), minimum lot depth of 30 m (98.4 ft), front yard depth of 6 m (19.7 ft), rear yard depth of 7 m (22.9 ft), and exterior side yard width of 6 m (19.7 ft). Properties within the R2-7 zone are permitted a maximum lot coverage of 45%. Table 5.1.1.4 permits residential accessory buildings within the rear yard or interior side yard, and requires a minimum setback of 1.2 m to an interior or rear lot line, and 6 m (19.7 ft) setback to an exterior lot line. The purpose of the minimum required exterior side yard provision and the general prohibition on accessory structures within exterior side yards is to ensure that there is adequate separation between buildings on the lot and the public road allowance. Planning staff are of the opinion that the requested relief is consistent with the general intent of the Zoning By-Law as the proposed accessory building will be constructed within the portion of the rear yard that is already enclosed by a board fence, and as such, no impacts to normal road maintenance activities or impacts to sightlines are expected. A lot grading plan will be required to demonstrate that the proposal will not adversely impact any adjacent properties, and that the overall lot grading plan for the subdivision is respected. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property, as the proposed relief will facilitate the construction of an accessory building / pool shed within an enclosed yard. No impacts to the public right of way on Park Place are expected, and the proposal would not appear to have adverse impacts on abutting property owners. For Committee’s information, no comments of concern have been received from any of the neighbouring property owners. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and can be given favourable consideration. Page 15 of 130 File Number: A02-21 Report Number 2021-103 Page 4 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A02-21, submitted by Steffanie Hartnell and Dale Jones, for lands described as Lot 35, Plan 41M-251, Town of Tillsonburg, as it relates to: 1. Relief from Section 5.1- Table 5.1.1.4 - Regulations for Accessory Buildings and Structures, to permit an accessory building within an exterior side yard; 2. Relief from Section 7.2 – R2 Zone Provisions - Exterior Side Yard, to reduce the minimum required exterior side yard width from 6 m (19.6 ft) to 1.4 m (4.5 ft) to facilitate the construction of a residential accessory structure. Subject to the following condition: i. That a building permit for the proposed accessory building be issued within one year of the date of Committee’s Decision; ii. That the proposed relief shall only apply to an accessory building of the approximate size and location as depicted on Plate 3 of Repot CP 2021-103. As the proposed variances are: (i) deemed to be minor variances from the provisions of the Town of Tillsonburg Zoning By- law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: “original signed by” Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: “original signed by” Gordon K. Hough, RPP Director Page 16 of 130 March 9, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: A-02/21- Hartnell & Jones Lot 35, Plan 41M-251, Town of Tillsonburg - 35 Park Place North Street West Park Place Subject Property James Avenue Page 17 of 130 March 9, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: 2015 Aerial Map File No: A-02/21- Hartnell & Jones Lot 35, Plan 41M-251, Town of Tillsonburg - 35 Park Place Subject Property Page 18 of 130 C:\OSOFT141\ZACH\ZACH\2021\21-16726\21-16726.dwg, DWG To PDF.pc3Plate 3: Applicants' Site Plan File No: A-02/21- Hartnell & Jones Lot 35, Plan 41M-251, Town of Tillsonburg - 35 Park PlacePage 19 of 130 LOCATION HARTNELL-JONES RESIDENCE 35 PARK PLACE TILLSONBURG, ON DATE MARCH 29, 2021 DRAWING NUMBER 001 DRAWN BY STEFFANIE HARTNELL SCALE 1/4” = 1’-0” *LEDGER* SQUARE FOOTAGE 240 ft² TITLE POOL CABANA DRAWING TITLE FLOOR PLAN P1 Plate 4: Applicants' Sketch File No: A-02/21- Hartnell & Jones Lot 35, Plan 41M-251, Town of Tillsonburg - 35 Park Place Page 20 of 130 LOCATION HARTNELL-JONES RESIDENCE 35 PARK PLACE TILLSONBURG, ON DATE MARCH 29, 2021 DRAWING NUMBER 001 DRAWN BY STEFFANIE HARTNELL SCALE 1/4” = 1’-0” *LEDGER* SQUARE FOOTAGE 240 ft² TITLE POOL CABANA DRAWING TITLE ELEVATIONS P3 Plate 5: Accessory Building Elevations File No: A-02/21- Hartnell & Jones Lot 35, Plan 41M-251, Town of Tillsonburg - 35 Park Place Page 21 of 130 FORM 1 PLANNING ACT, 1990 APPLICATION FOR MINOR VARIANCE OR PERMISSION Town ofTiflsonburg Committee of Adjustment Fee $950.00 ($1,900.00 -See Note 1 -Page 4) Building, By-Law & Planning Services 10 Lisgar Avenue Tillsonburg ON N4G5A7 For Office Use Only PIN#: : ROLL#: ---·--·--·-.. ··-· _, ______ t. . . .. ····-··· .. --·----J_.f11=1;.: __ ·----··-··--··--·--.J The undersigned hereby applied to the Committee of Adjustment fur the Town of Tillsonburg under Section 44 of the Planning Act. 1990, for relief, as described in this application form By-Law No. 3295 (as amended). Name and Address of Owner Name and Address of Applicant/Agent {H i STEFFANIE HARTNELL I DALE JONES TRAVIS SHERMAN -FOREST CITY POOL & PATIO INC.! ·--·--·----·--· ._,,, ___ .. _____ . . ---l ; __ 35 PAR~ PLAC~~~ONBUR9,, ONTARIO #14-15 -3392 ~ER_LAND RD. S. BLDG~~··----~ r·_---·~=~-.=~;~~;J_~=~=~j=~·· ~i~~~~~~~r.;··-=!:':::11~~~:.--·±.~~.~::~i~o~u::r.;~=-~J ~ Email: steffanie@stauffermotors.com · Email: design@forestcitypools.com ! ·--· -__ .,.._ 1. Name and addresses of any mortgagees, holders of charges or other encumbrances: NIA 2. Nature and extent of relief applied for: To be completed by the applicant. (include By-Law Section if known) WE ARE ASKING FOR RELIEF OF INTERIOR SIDE YARD SET BACK FOR THE CONSTRUCTION OF A POOL CABANA I STORAGE SHED I For office use only 3. Why is it not possible to comply with the Provision of the By-Law? THE NATURE AND POSITION OF THE PROPOSED POOL AND EXISTING DWELLING POES NOT ALLOW SPhCE EQB A SUITABLE SIBUCIURE IQ 6E CONSIBUCJED 4. Legal Description of Subject land: Lot Number(s) _____ L_O_T_#_3_5 ______ Plan Number or Concession __ P_LA_N_4_1_M_25_1 __ Part Number(s) _____________ Reference Plan Number---------- Street Address (if any) _35_P_AR_K_P_LA_C_E ____________________ _ The lot is located on the _____ s ___ o __ u __ TH ........ _side of the Street lying between NORTH STREET W · Street and PARK DRIVE Street Page 22 of 130 10 m***SEE SITE PLAN PROVIDED******SEE SITE PLAN PROVIDED***RESIDENTIAL: R2-7RESIDENTIAL: R2-7POOL CABANA• FLOOR AREA = 22.3 m²• STOREYS = 1 STORY• WIDTH = 3.66 m• LENGTH = 6.1 m• HEIGHT = ±4.12m SINGLE FAMILY DWELLING & ATTACHED GARAGE• FLOOR AREA = 175.07 m²• STOREYS = 1 STORY• WIDTH = 10.74 m• LENGTH = 16.28 m• HEIGHT = ±7.62 m 550.5256 m²30 m13.2 m Page 23 of 130 • RESIDENTIAL: R2-7• ZONING BY-LAW: #3295RESIDENTIAL Page 24 of 130 AUTHORIZATJON NOTE: The property owner or the authorized agent must complete the application. Where an agent is making the application, the written authorization of the owner must be completed below. If the application is being made under an agreement of purchase and sale, a copy of the agreement must be attached and will remain confidential. Authorization of Owner(s) for Applicant/Agent to Make the Application I/We, STEFFANIE HARTNELL I DALE JONES , am/are the owner(s) of the land that is the subject of this application for site plan and I/we authorize TRAVIS SHERMAN , to make this application on my/our behalf. NOVEMBER 30, 2020 DATED Signature ofOwner(sh-k2tC:Rb Q mQ Signature of Owner{s) 1 . It is required that one original copy of this application and all drawings be filed at the Town's Customer Service Centre, accompanied by a fee of $950 in cash or cheque made payable to the Town of Tillsonburg. A fee of $1,900 will be charged if an application is required after the fact. Page 25 of 130 Letter of Authorization To Whom It May Concern: l, STEFFANIE HARTNELL ' beh1g the registered owner of 35 PARK PLACE. TILLSONBURG, ONTARIO ' do hereby appoint Forest City Pool & Patio Inc. to act on my behalf for the purposes of obtaining building permits from the . TOWN OFTILLSONBURG and acting on my behalf in relation to said pennits. Dated this: __ J_Otl'l __ day of ____ N_o_v_E_M_BE_R ___ ~ 20 20 Signature of Owner: --~--="--"'-~12.,...,./.t:CQ.._1_....·~~::;..· ----- Signature of Authorized Agent: --~------·=--=~~ ... L~"'-"-- TRAv1s SHERMAN -FOREST crrv POO L & PATIO INC . Page 26 of 130 C:\OSOFT141\ZACH\ZACH\2021\21-16726\21-16726.dwg, DWG To PDF.pc3Page 27 of 130 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A04-21 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: April 19, 2021 REPORT NUMBER: 2021-104 OWNER: Dalm Construction Limited 41 King Street, Tillsonburg ON, N4G 3E6 REQUESTED VARIANCE: 1. Relief from Section 6.2 – R1 Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.4 ft) to 9.3 m (30.5 ft), to facilitate the construction of a single detached dwelling with a covered porch on the subject lands. LOCATION: The subject property is described as Lot 63, Plan 41M-218 in the Town of Tillsonburg. The property is located on the southeast corner of Brookside Lane and Lyndale Road, east of Quarter Town Line, and is municipally known as 7 Brookside Lane, Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW : Low Density Residential Type 1 Zone (R1) SURROUNDING USES: Low density residential uses, consisting of single detached dwellings and vacant lots planned for low density residential development. Page 28 of 130 File Number: A04-21 Report Number 2021-104 Page 2 COMMENTS: (a) Purpose of the Application: The proposed minor variance has been requested to facilitate the construction of a single storey, single detached dwelling, on the subject lands, with an attached garage and an attached covered porch at the rear of the proposed dwelling. It is proposed that the dwelling will be approximately 214.4 m2 (2,307.7 ft2) in size, according to the site sketch provided by the applicant. The subject lands are approximately 836.3 m2 (9,001.8 ft2) in size, with approximately 22 m (72 ft) of frontage on Brookside Lane. Surrounding land uses are predominately comprised of existing single detached dwellings and vacant land, intended for low density residential development. A previous minor variance application, A-12/19 was approved in 2019 for the same relief that is requested through this application, subject to the condition that a building permit must be issued within one year of the date of Committee’s decision. The applicant did not submit a building permit within one year, and as such, the approval lapsed. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Photo, provides an aerial view of the subject lands and surrounding properties. Plate 3, Applicant’s Sketch, shows the dimensions of the proposed dwelling on the subject lands. Plate 4, Proposed Dwelling Layout, shows the floor plan and setbacks of the proposed dwelling on the subject lands. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Chief Building Official, the Town Fire Chief and the Oxford County Public Works Department have indicated they have no concerns with the proposal. (c) Public Consultation: Public Notice was mailed to surrounding property owners on April 1, 2021. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the County of Oxford Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting townhouses as well as accessory uses thereto. The use of the lands for a single detached dwelling conforms to the ‘Low Density Residential’ policies of the Official Plan. Page 29 of 130 File Number: A04-21 Report Number 2021-104 Page 3 (e) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1 Zone (R1)’ in the Town Zoning By-law. The ‘R1’ zone permits the development of a single detached dwelling and requires a minimum rear yard depth of 12 m (39.3 ft) for such development. Section 5.37.1 of the Zoning By-law permits certain structures, such as covered porches and decks, to project a maximum of 1.5 m (3.9 ft) into required rear yards, provided a minimum setback of 7.5 m (24.6 ft) can be maintained between the projection and the rear lot line. The purpose of this provision is to recognize that structures such as covered porches and decks are typically smaller in scale and size than single detached dwellings, and often function as additional amenity space for these residential uses, which is the intent of maintaining the rear yard space. In this instance, the site plan provided by the applicant indicates that the proposed dwelling will be located 11.2 m (36.74) from the rear property line, with an attached covered porch which is proposed to be setback 9.39 m (30.1 ft) from the rear lot line. The intent of these provisions is to ensure that single detached dwellings maintain sufficient setback to provide a buffer for neighbouring properties, as well as maintaining adequate space for recreational and amenity area, and proper area for drainage. In this instance, it is not anticipated that the minor reduction to the required rear yard depth will have a negative impact on neighbouring property owners or appropriate lot grading or drainage, and it is noted that a final grading and drainage plan will be reviewed by the Town Engineering Department to ensure there are no adverse impacts as a result of the proposed construction. Further, staff are satisfied that the proposed construction will provide for sufficient amenity area for the rear yard of the subject lands, which is in keeping with the intent of the Town Zoning By- law. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. As the proposed relief will facilitate the development of a single detached dwelling that will allow for adequate rear yard amenity space and is not anticipated to negatively impact drainage, it can be considered desirable development for the property. Additionally, staff are satisfied that the requested 2.6 m (8.6 ft) reduction to the required rear yard depth can be considered a minor departure from the provision of the By-law. Further, staff are satisfied that the proposed relief will continue to provide sufficient separation between the proposed dwelling and the rear property line to allow for normal yard maintenance and access and approval of the proposed variance will be in keeping with the existing character and aesthetic of the surrounding lands. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and can be given favourable consideration. Page 30 of 130 File Number: A04-21 Report Number 2021-104 Page 4 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A04/21 submitted by Dalm Construction Limited, for lands described as Lot 63, Plan 41M-218, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 – R1 Zone Provisions, to reduce the minimum required rear yard depth from 12 m (39.4 ft) to 9.3 m (30.5 ft), to facilitate the construction of a single detached dwelling with a covered porch on the subject lands. Subject to the following condition: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. As the proposed variance is: (i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: original signed by Heather St. Clair, MCIP, RPP Development Planner Approved for submission by: original signed by Eric Gilbert, MCIP, RPP Senior Planner Page 31 of 130 October 2, 2019 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1300 Notes NAD_1983_UTM_Zone_17N 65 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) (ONHS 2006 Original) Prop. Sig. Woodlands (ONHS 2006 Original) Prop. Non-Sig. Woodlands GRCA Regulatory Floodplain (dl 12/2018) UTRCA Flood Hazards (dl 10/2018) GRCA River Slopes and Erosion Allowances (dl 12/2018) GRCA River Valley Slopes (dl 12/2018) UTRCA Erosion Hazards (dl 10/2018) Plate 1: Location Map with Existing Zoning File No: A 04/21: Dalm Construction Limited Lot 63, Plan 41M-218, 7 Brookside Lane, Tillsonburg Subject Lands Page 32 of 130 October 2, 2019 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 330 Notes NAD_1983_UTM_Zone_17N 16 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) (ONHS 2006 Original) Prop. Sig. Woodlands (ONHS 2006 Original) Prop. Non-Sig. Woodlands GRCA Regulatory Floodplain (dl 12/2018) UTRCA Flood Hazards (dl 10/2018) GRCA River Slopes and Erosion Allowances (dl 12/2018) GRCA River Valley Slopes (dl 12/2018) UTRCA Erosion Hazards (dl 10/2018) Subject Lands Plate 2: 2015 Aerial Photo File No: A 04-21: Dalm Construction Limited Lot 63, Plan 41M-218, 7 Brookside Lane, Tillsonburg Page 33 of 130 SKETCH PREPARED FOR BUILDING PERMIT APPL/CATION FOR: HENRY DALM CONSTRUCTION BROOKSIDE SUBDIVISION KNOWN MUNICIPALLY AS # 7 BROOKSIDE LANE SCALE 1:200 0 10 MElRES 15 METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 PROPERTY DESCRIPTION: LOT 63 REGISTERED PLAN 41M-218 TOWN OF TILLSONBURG COUNTY OF OXFORD D -4, 0 ,...,,. \_\ . ., r __.:\ ~- "' \__---- APPROVED BY CJDL CONSUL TING ENGINEERS NAME SIGNATURE DATE NOTE: DISTANCE FROM T.F.W. TO U.S.F. = NOTES -AREA OF LOT = 836.3 SQUARE METRES -DWELLING AREA (INCLUDING PORCH & GARAGE) = 214.4 SQUARE METRES DWELLING COVERAGE = 25.6 :>:: -ADD 200.00m TO ELEVATIONS SHOWN HERON TO OBTAIN GEODETIC DATUM -T.F.W. DENOTES TOP OF FOUNDATION WALL -U.S.F. DENOTES UNDER SIDE OF FOOTING -~ DENOTES PROPOSED FINISHED GRADE - P /L DENOTES PROPERTY LINE "THIS IS NOT AN ORIGINAL COPY UNLESS EMBOSSED WITH SEAL" THIS IS NOT A PLAN OF SURVEY OR SURVEYOR"S REPORT AND SHALL NOT BE USED FOR TRANSACTION OR FINANCING PURPOSES @ COPYRIGHT 2019 KIM HUSTED SURVEYING LTD. THE REPRODUCTION, ALTERATION, OR USE OF THIS REPORT IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYING LTD. IS STRICTLY PROHIBITED KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, TILLSONBURG, ONTARIO, N4G 3J8 PHONE: 519-842-3638 FAX: 519-842-3639 PROJECT: 19-15035 REFERENCE: FILE Plate 3: Applicant's Sketch File No: A 04-21: Dalm Construction Limited. Lot 63, Plan 41M-218, 7 Brookside Lane, TillsonburgPage 34 of 130 ----------------------------------------------------------·····-----------------------------···------------------------····---------------------------------------------------------------------------------------------.-----------: 30,8lm (120,93ft) E E ('() ' ~ L{) N 10'-&" ~ ,._ • LIVING ROOM II CEILINC. MASTER: SEDROOM 'ii' CCILINC. .~-l-IALLWAY MUDROOM ; ! S<spo "' Co"f'I~ : With ~GtlG>n '!>.&.~ • o<o.eo.c. : ' ' ' ' ' --------------·--------------~-----------------·---------------· • 2 C~ GARAGE , ·-·-·····-----~---------.... c::01'9'"10Wg,__..,~lf°1'"""""":·······--······- ~ :>&D"'::i r"-'9\~ o< :>1MP~ ; ~ ] :··----····+········-··-··: ~.-.-::::::::::.t::::::::::::~-~------~-----.!'..~-~~~----------4 : : : : : : : l i ~ i l i ~ : : : : : : : . ' " . ' . . ' . ' . ' . . ' . . . ' . . ' . ' . ' . . ' . . . . . .! ••••• --------~ ------------.!-' • . • .. ·..o· '<"-0" 1 349.lmm (4 15 11 ) E E () () L{) 23.4m (10.15ft) FOYER ,~ @111111111n1111 n1111111111111111 ~@ Covered Forch DINING ROOM 9" C::CILINC. SEDROOM •1 'ii' C::EILINc. ·~ 8 30,84m (120.84ft) 1 SOOmm (24 11 11 ) Site Plan: 1 Brookside Lane 22m (12, 10ft) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 35 of 130 I For Office Use Only PIN#: FORM 1 PLANNING ACT, 1990 APPLICATION FOR MINOR VARIANCE OR PERMISSION Town of Tillsonburg Committee of Adjustment Fee $950.00 ($1,900.00 -See Note 1 -Page 4) I ROLL#: I FILE: Building, By-Law Planning Service 10 Lisgar Avenu Tillsonburg O N4G 5A The undersigned hereby applied to the Committee of Adjustment for the Town of Tillsonburg under Section 44 of the Planning Act. 1990, for relief, as described in this application form By-Law No. 3295 (as amended). Name and Address of Owner Name and Address of Applicant/Agent (if Dalm Construction Ltd. 41 King Street, Tillsonburg, ON Postal Code: I Telephone Number: Postal Code: I Telephone Number: N4G 3E6 / 519 688 0228 I Email: design@dalm.ca Email: 1. Name and addresses of any mortgagees, holders of charges or other encumbrances: NA 2. Nature and extent of relief applied for: To be completed by the applicant. (include By-Law Section if known) Section 6.2 -rear yard setback 9.3m (12m required) I For office use only 3. Why is it not possible to comply with the Provision of the By-Law? Design of dwelling (corner lot) 4. Legal Description of Subject land: Lot Number(s)_6_3 _____________ Plan Number or Concession _4_1_M_-_2_18 _____ _ Part Number(s) _____________ Reference Plan Number----------- Street Address (if any) _7_B_r_o_o_k_s_id_e_L_a_n_e ______________________ _ The lot is located on the_E_a_s_t ____ side of the Street lying between Lyndale Road Street and Allen Street & s e N 7 Page 36 of 130 5. Dimensions of land affected: Frontage_2_2_m __________ Depth (average) _3_6_._9_m _____________ _ Area 836 m squared Width of Street ________________ _ 6. Particulars of all buildings and structures on or proposed for the subject land: (specify ground floor area, gorss floor area, number of storeys, width, length, height, etc.) Existing:_V_a_c_a_n_t ______________________________ _ Proposed: Single-detached dwelling as per sketch provided 7. Location of all buildings and structures on or proposed for the subject land: (specify distance form side, rear and front lot lines.) Please attach a sketch plan with measurements. Existing: _________________________________ _ Proposed: as per sketch. 8. Date of acquisition of subject land: _2_0_1_9 ___________________ _ 9. Date of Construction of all buildings and structures on subject land (if known): __________ _ 10. Existing uses of the subject property_V_a_c_a_n_t _s_in_g_le_-_fa_m_i_ly_l_o_t _______________ _ 11. Existing uses of abutting properties:_S_in_g_l_e_-f_a_m_il_y_r_es_i_d_e_nt_ia_I _______________ _ 12. Length of time the existing uses of the subject property have continued: 13. Municipal Services available (please check all appropriate boxes) !;zl Water !;zl Connected !;zl Sanitary Sewers Q] ,St9rm SE:'Ne~s !;zl Connected 15 Years Page 37 of 130 14. Present Official Plan Provisions applying to the land: _L_o_w_d_e_n_s_it_y_-r_e_s_id_e_n_ti_a_I ---------- 15. Present Zoning by-Law provisions applying to the land: : _R_-_1 _______________ _ 16. Has the owner previously applied for relief in respect of the subject property? 0 Yes hZi No If the answer is yes, describe briefly ________________________ _ 17. Is the subject property the subject of a current application for consent under Section 53 of the Planning Act, 1990? 0 Yes i;zi No THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS l/We _____ D_a_lm_C_o_ns_t_ru_c_t_io_n_L_t_d_. ____ of the ___ t_o_w_n _____ of ___ T_i_lls_o_n_b_u_r_g ___ _ In the ___ C_o_u_n'"""ty.__ ___ of _____ O_x_f_or_d ____ _ DO SOLEMNLY DELCIARE THAT: All of the prescribed information contained in the is application is true and that the information contained in the documents that may accompany this application is true and I make the solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath by virtue of the Canada Evidence Act. DECLARED before me~ Vi Q \//d.eo eIJ" Q:>rr.Per en u in the :m~~/. d~y:~:: , ?t::.?Z.I Sh 11 A B h vwrrer(s)/Applicant e ey nne uc anan, ~cA&z~ a Con:-missioner, etc., Province of -~--+""~-~~-~~----~-~-Ontano, for the County of Oxford. A Commissioner for Taking affidavits Expires March 27, 2023. For Office use Only Page 38 of 130 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A05-21 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: April 19, 2021 REPORT NUMBER: 2021-105 OWNER: Wrenmark Limited 200-2939 Portland Drive, Oakville ON, L6H 5S4 AGENT: The Good Life Building Corporation 41 St Paul’s Place, Orangeville ON, L9W 0A3 REQUESTED VARIANCES: 1. Relief from Section 9.2 - RM Zone Provisions – Exterior Side Yard, to reduce the minimum required exterior side yard width from 7.5 m (24.6 ft) to 6.42 m (21 ft); 2. Relief from Section 5.24.3 - Table 5.24.3 - Location and Setback Requirements for Parking Areas, to permit parking in the front yard and exterior side yard, in lieu of the rear yard or interior side yard, to facilitate the construction of two, 2-storey multiple unit dwellings. RECOMMENDED VARIANCE: 3. Relief from Section 9.2.1 - Distance Between Multiple Unit Dwellings on One Lot, to reduce the minimum distance between the exterior walls of two multiple unit dwellings from 12.5 m (41 ft) to 3.6 m (11.8 ft); LOCATION: The subject property is described as Lot 135, Plan M -16 in the Town of Tillsonburg. The property is the interior lot bounded by Wren Court on all sides, west of Woodcock Drive, and is municipally known as 13 Wren Court, Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1 Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Medium Density Residential Page 39 of 130 File Number: A05-21 Report Number 2021-105 Page 2 TOWN OF TILLSONBURG ZONING BY-LAW : Medium Density Residential Zone (RM) SURROUNDING USES: Medium density residential uses, consisting of townhouse dwellings and multiple unit dwellings fronting on Wren Court, with single detached dwellings fronting on Woodcock Drive. COMMENTS: (a) Purpose of the Application: The proposed minor variances have been requested to facilitate the construction of 2, two-storey multiple unit dwellings, consisting of 4 and 6 dwelling units. As the subject lands comprise an interior lot within Wren Court, the property is irregularly shaped and does not have a rear yard as defined by the Zoning By-Law. The property has a front yard and two exterior side yards. The subject lands have an approximate area of 1674.3 m2 (18,022.3 ft2), and the 10 dwelling units are proposed to have dwelling unit areas of 163.7 m2 (1762.5 ft2) to 167 m2 (1800 ft2) according to the site sketch provided by the applicant. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Photo, provides an aerial view of the subject lands and surrounding properties. Plate 3, Applicant’s Site Plan, shows the layout and dimensions of the proposed dwellings and parking areas on the subject lands. Plate 4, 1st & 2nd Floor Plans, depicts the layouts of the proposed units. Plate 5, Front and East Elevation Plans, depicts the proposed building elevations of the front and east sides of the building. Plate 6, Rear and West Elevation Plans, depicts the proposed building elevations of the rear and west sides of the building. Plate 7, Front Elevation Plans, depicts the appearance of the front of the buildings. Plate 8, Rear Elevation Plans, depicts the appearance of the rear of the buildings. (b) Agency Comments: The application was circulated to a number of public agencies. Page 40 of 130 File Number: A05-21 Report Number 2021-105 Page 3 The Town Chief Building Official, the Town Fire Chief and the Oxford County Public Works Department have indicated they have no concerns with the proposal, but noted that the project will be subject to site plan approval. (c) Public Consultation: Public Notice was provided to surrounding property owners on April 8, 2021 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Medium Density Residential’ according to the Official Plan. Medium Density Residential areas are those lands that are primarily developed or planned for low profile multiple unit development that exceed densities established in Low Density Residential Districts. Residential uses within Medium Density Residential areas include townhouses, cluster houses, converted dwellings, and apartment buildings. The minimum net residential density in the Medium Density Residential District is 31 units per hectare (13 units per acre), and the maximum net residential density is 62 units per hectare (25 units per acre) and no building shall exceed four storeys in height at street elevation. The net residential density of the proposed development is 60.3 units per hectare (24.4 units per acre), within the permitted density for the Medium Density Residential designated lands, and the proposed use of the lands for two multiple unit dwellings is permitted by the Official Plan. As such, the proposal maintains the general intent and purpose of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject property is zoned Medium Density Residential Zone (RM)’ in the Town Zoning By- law. The ‘RM’ zone permits the development of street fronting townhouses, multiple unit dwellings (up to 8 units per building) and an apartment dwelling. For a multiple unit dwelling, the RM zone permits a maximum of 8 units per building, requires a minimum lot area of 160 m2 (1,722 ft2) per dwelling unit, a maximum lot area of 320 m2 (3,445 ft2) per dwelling unit, lot frontage of 20 m (65.5 ft), lot depth of 30 m (98.4 ft), front yard depth of 7.5 m (24.6 ft), rear yard of 10.5 m (34.4 ft), interior side yard width of 4.5 m (14.8 ft) and 3 m (9.8 ft), and maximum building height of 11 m (36.1 ft). The required exterior side yard width for a multiple unit dwelling within the RM zone is 7.5 m (24.6 ft). The intent of the exterior side yard width provisions is to ensure that amenity space is provided for the occupants of the multiple unit dwelling, and to ensure that the building does not interfere with sightlines or traffic and maintenance of the public street and right of way. Section 5.24.3 - Location and Setback Requirements for Parking Areas, requires that parking areas for Medium Density zoned uses be located in the rear yard or interior side yard. Section 9.2.1 of the Zoning By-Law requires that where more than one multiple unit dwelling is erected on a lot, the minimum distance between the exterior walls of two multiple unit dwellings Page 41 of 130 File Number: A05-21 Report Number 2021-105 Page 4 shall be 12.5 m (41 ft), where either or both walls contain a window to a habitable room shall be 12 m (39.4 ft) and 3.6 m (11.8 ft) where neither wall contains a window to a habitable room. It is the opinion of Planning staff that the requested relief to the exterior side yard width is appropriate as the proposed building will not impact traffic sightlines, and Town staff have indicated they have no concern with any potential impact to the operation and maintenance of Wren Court. The requested relief to permit parking within the front and exterior side yard is appropriate in this instance as the subject lands do not have an interior or rear yard due to their irregular shape, and as such cannot provide the parking in accordance with the Zoning By-Law. The proposed parking is similar to the parking arrangement that currently exists as depicted on Plate 2, where vehicles have traditionally parked on the subject property. The applicant’s proposal provides the required number and minimum dimensions for parking spaces. Planning staff are also of the opinion that the proposed reduced separation between multiple unit dwelling buildings can be considered appropriate as the proposal will be required to be compliant with all provisions of the Ontario Building Code, including provisions relating to spatial separation between buildings. The project will be subject to site plan approval, where matters such as access, landscaping, drainage and lot grading, building location and servicing will be addressed to the satisfaction of the Town and County. Given this, Planning staff consider the proposal to be in conformance with the general intent and purpose of the Zoning By-Law. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. As the proposed relief will facilitate the development of a multi-unit development, consistent with the Official Plan designation for the subject lands, it can be considered desirable development for the property. Due to the irregular shape of the subject lands, compliance with the zoning by-law would be very onerous and likely would not maintain the minimum density required by the Medium Density Residential designation. Additionally, staff are satisfied that the requested 1.08 m (3.5 ft) reduction to the required exterior side yard width can be considered a minor departure from the provision of the By-law. Further, staff are satisfied that the proposed relief to the distance between multiple unit dwellings and proposed parking arrangements will continue to provide sufficient separation between the proposed dwellings in accordance with the Ontario Building Code and the parking in the front and exterior side yard is not expected to negatively impact traffic safety or the normal winter maintenance operations on Wren Court. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and can be given favourable consideration. Page 42 of 130 File Number: A05-21 Report Number 2021-105 Page 5 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A05/21 submitted by Wrenmark Limited, for lands described as Lot 135, Plan M-16, Town of Tillsonburg, as it relates to: 1. Relief from Section 9.2 - RM Zone Provisions – Exterior Side Yard, to reduce the minimum required exterior side yard width from 7.5 m (24.6 ft) to 6.42 m (21 ft); 2. Relief from Section 5.24.3 - Table 5.24.3 - Location and Setback Requirements for Parking Areas, to permit parking in the front yard and exterior side yard, in lieu of the rear yard or interior side yard, to facilitate the construction of two 2-storey multiple unit dwellings; 3. Relief from Section 9.2.1- Distance Between Multiple Unit Dwellings on One Lot, to reduce the minimum distance between the exterior walls of two multiple unit dwellings from 12.5 m (41 ft) to 3.6 m (11.8 ft); As the proposed variances are: (i) deemed to be minor variances from the provisions of the Town of Tillsonburg Zoning By- law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: original signed by Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: original signed by Gordon Hough, RPP Director Page 43 of 130 -----Original Message----- From: noreply@esolutionsgroup.ca <noreply@esolutionsgroup.ca> On Behalf Of Richard & Juanita DeRoo Sent: Wednesday, April 14, 2021 2:25 PM To: CSR <csr@tillsonburg.ca> Subject: Variance for Wren Court: proposed building CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Please accept this as our notice that we are very much AGAINST any building on the green space on Wren Court. As far as we are aware this is designated green space and also is being used for parking for the town houses who have no other available parking. We will be overlooked by any second storey construction and severely object to this project. Respectfully sumitted.... Page 44 of 130 March 9, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: A-05/21- Wrenmark Limited Lot 135, Plan M-16, Town of Tillsonburg - 13 Wren Court Broadway Woodcock Drive Subject Property Owl Drive Pheasant Court Wren Court Page 45 of 130 March 9, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: 2015 Aerial Map File No: A-05/21- Wrenmark Limited Lot 135, Plan M-16, Town of Tillsonburg - 13 Wren Court Woodcock Drive Subject Lands Page 46 of 130 1234567891011121314UNIT 1UNIT 2UNIT 3UNIT 4UNIT 5WREN COURT3.600 m1799.94sqft1799.94sqft1799.94sqft1799.94sqft1762.48sqft3.600 m15SIDEWALKSIDEWALKSIDEWALKSECOND FLOOR BALCONYSECOND FLOOR BALCONYSECOND FLOOR BALCONYLOT AREA: 18022.30sqft 1674.326 sqm16SIDEWALKSIDEWALKSIDEWALKSIDEWALKSIDEWALK3.000 m3.400 m3.000 m3.000 m3.000 m3.000 m3.000 m3.000 m10.973 m15.240 m16.345 m15.240 mN76° 53' 00" W15.240 mN13° 07' 00" ER = 24.384A = 76.533C = 48.768N76° 54' 50" W256.11 m48.768 mWOODCOCK DRIVETREE ⌀= 0.178 mTREE ⌀= 0.279 mTREE ⌀= 0.533 mTREE ⌀= 0.559 mTREE ⌀= 0.610 mTREE ⌀= 0.660 mTREE ⌀= 0.914 mTREE ⌀= 0.610 mTREE ⌀= 0.381 mTREE ⌀= 0.305 m15.240 mN13° 07' 00" EWREN COURTLOT 135LOT 131LOT 132LOT 134CONDO BLOCK00327C O N D O BLO C K00324CONDO BLOCK00316OXFORD CONDOMINIUM PLAN 22OXFORD CONDOMINIUM PLAN 30OXFORD CONDOMINIUM PLAN 33STREET WIDTH11.102 mLOT DEPTH39.573 m10.500 m7.500 m7.500 m7.500 m7.500 m7.500 m6.000 m6.000 m6.000 m9.915 m10.470 m8.719 m7.070 m8.783 m8.783 m7.538 m7.538 m6.000 m6.349 m10.348 m9.837 m9.122 m7.456 m6.742 m7.500 m7.500 m6.429 mScale:FINE LINESDESIGN1 : 2002021-03-26 2:56:42 PMSITE PLANPRIVATE RESIDENCEWREN COURT, TILLSONBURGPlate 3: Applicant's Site Plan File No: A-05/21- Wrenmark Limited Lot 135, Plan M-16, Town of Tillsonburg - 13 Wren CourtPage 47 of 130 LIVING ROOMKITCHEN DINING ROOMMECHBEDROOM 1 BEDROOM 2 LINENbedroom 28' - 4"bedroom 18' - 4"bedroom 1 & 214' - 4"mech.6' - 5"wash.8' - 11"kitchen/dining room10' - 0"living room14' - 7"living room13' - 3"wash.5' - 0"mech.3' - 10"WASH.dining room/kitchen17' - 1"5'10'20'015'WALL LEGENDEXISTING WALLS TO REMAINWALLS TO BE DEMOLSHEDPROPOSED WALLSTRUE NORTHBEDROOM 1 BEDROOM 2 MECHLIVING ROOMKITCHEN DINING ROOMBALCONYWASH.bedroom 1 & 214' - 4"wash.8' - 11"mech.6' - 5"dining room/kitchen8' - 4"living room16' - 3"living room13' - 3"dining room/kitchen17' - 1"bedroom 18' - 4"mech.3' - 10"bedroom 28' - 4"wash.5' - 0"Scale:FINE LINESDESIGNAs indicated2021-03-26 2:56:44 PM1ST & 2ND FLOOR PLANPRIVATE RESIDENCEWREN COURT, TILLSONBURG1ST FLOOR PLAN2ND FLOOR PLANPlate 4: 1st & 2nd Floor Plans File No: A-05/21- Wrenmark Limited Lot 135, Plan M-16, Town of Tillsonburg - 13 Wren CourtPage 48 of 130 89.75ESTABLISHED GRADE89.89T/O 1ST FLR SUBFLR92.69T/O 2ND FLR SUBFLRT/O 2ND FLR WALLT/O 1ST FLR WALL97.55T/O ROOF7.80 m25' - 7"7' - 10"8' - 1"1' - 1"8' - 1"6"MID-POINT OF ROOF6.56 m89.75ESTABLISHED GRADE89.89T/O 1ST FLR SUBFLR92.69T/O 2ND FLR SUBFLRT/O 2ND FLR WALLT/O 1ST FLR WALL97.55T/O ROOF7.80 m6"8' - 1"1' - 1"8' - 1"7' - 10"25' - 7"MID-POINT OF ROOF6.56 mScale:FINE LINESDESIGN1/8" = 1'-0"2021-03-26 2:56:48 PMELEVATIONSPRIVATE RESIDENCEWREN COURT, TILLSONBURGEAST ELEVATIONFRONT ELEVATIONPlate 5: Front and East Elevation Plans File No: A-05/21- Wrenmark Limited Lot 135, Plan M-16, Town of Tillsonburg - 13 Wren CourtPage 49 of 130 89.75ESTABLISHED GRADE89.89T/O 1ST FLR SUBFLR92.69T/O 2ND FLR SUBFLRT/O 2ND FLR WALLT/O 1ST FLR WALL97.55T/O ROOF7.80 mMID-POINT OF ROOF6.56 m25' - 7"7' - 10"8' - 1"1' - 1"8' - 1"6"89.75ESTABLISHED GRADE89.89T/O 1ST FLR SUBFLR92.69T/O 2ND FLR SUBFLRT/O 2ND FLR WALLT/O 1ST FLR WALL97.55T/O ROOF7.80 mMID-POINT OF ROOF6.56 m25' - 7"7' - 10"8' - 1"1' - 1"8' - 1"6"Scale:FINE LINESDESIGN1/8" = 1'-0"2021-03-26 2:56:51 PMELEVATIONSPRIVATE RESIDENCEWREN COURT, TILLSONBURGWEST ELEVATIONREAR ELEVATIONPlate 6: Rear and West Elevation Plans File No: A-05/21- Wrenmark Limited Lot 135, Plan M-16, Town of Tillsonburg - 13 Wren CourtPage 50 of 130 Scale:FINE LINESDESIGN2021-03-26 2:57:02 PMEXTERIOR PERSPECTIVE - FRONTPRIVATE RESIDENCEWREN COURT, TILLSONBURGPlate 7: Front Elevation Plans File No: A-05/21- Wrenmark Limited Lot 135, Plan M-16, Town of Tillsonburg - 13 Wren CourtPage 51 of 130 Scale:FINE LINESDESIGN2021-03-26 2:57:13 PMEXTERIOR PERSPECTIVE - REARPRIVATE RESIDENCEWREN COURT, TILLSONBURGPlate 8: Rear Elevation Plans File No: A-05/21- Wrenmark Limited Lot 135, Plan M-16, Town of Tillsonburg - 13 Wren CourtPage 52 of 130 Appointment of Authorized Agent. THIS APPOINTMENT OF AUTHORIZED AGENT AGREEMENT (the "Agreement") is dated the _3_ day of March , 2021 BETWEEN tive; Wrenmark Limited (the "INVESTOR") -and- The Good Life Building Corp. (the "AUTHORIZED AGENT") WHEREAS The Investor is the title holder at the Property; AND WHEREAS the parties desire to establish the authorized agent as their representa- NOW THEREFORE, the parties agree as follows: 1. Appointment of Agent A. The Investor agrees to appoint The Good Life Building Corp. and its employees as au- thorized agent( s) to represent them in the land development process including but not limited to, pre-consultation meeting, consent/severance application, conservation per- mits, variance application, site plan approval, permit approval, consultant hiring and management, and construction planning at the Property. 2. The Property. A. The "Property" is the lands located at the: Municipal Address: 13 Wren Court, Tillsonburg, Ontario Page 53 of 130 3. Authorization A. The authorized agent agrees that it will not proceed with any contracts, applications, or payments without the express authorization of the Investor whether by email, or via the software used by the Good Life Building Corp. 4. Payment A. The Investor agrees to pay for costs which have been agreed to as stated in 3.A., within 7 days of a request by the Authorized Agent. {SIGNATURE PAGE FOLLOWS] Page 54 of 130 IN WITNESS WHEREOF the parties hereto have duly executed this Agreement as of the date first above written. [MANAGER] / /-z.. /. By: . & Z ( l{ <\, / // Name: Matt May ( · /) Title: President -2728539 ~fitario Inc. I have authority to bind the Corporation I have authority to bind the Corporation [AUTHORIZED AGENT] /7 A · By: / ~tt•t/ \ /. ./ ... /'/ Name: MattMay t Title: President -The Good Life Building Corp. I have authority to bind the Corporation /~ t!:~-=- Witne~/ Page 55 of 130 ! For Office Use Only I PIN#: FORM 1 PLANNING ACT, 1990 APPLICATION FOR MINOR VARIANCE OR PERMISSION Town of Tillsonburg Committee of Adjustment Fee $1, 150.00 ($2,200.00 -See Note 1 -Page 4) I ROLL#: I FILE: Building, By-Law & Planning Services 10 Lisgar Avenue Tillsonburg ON N4G 5A7 The undersigned hereby applied to the Committee of Adjustment for the Town of Tillsonburg under Section 44 of the Planning Act 1990, for relief, as described in this application form By-Law No. 3295 (as amended). Name and Address of Owner Name and Address of Applicant/Agent (if applicable) I Wrenmark Limited Matt May & Pablo Willis -The Good Life Building Corp. I _______ ,,___ _________ _ l~D-2C\3l{ '41~\a.1d Dr,, {)J_r;t//e____ 41 St. Paul's Place, Orangev~--______ J [---------Postal Code: _____ -__ : _ Te-ie_p_~:~:-~~=~~~~-____ L~:;;~_Code: i Tele~?,~::~~mber: ~ ,--E~~JI: mclouse@di~mondlaw.ca ·-----Email: __ m __ a_tt_.m_ay@_th_e_go_o_d_l_ife_b_ui_ld_ing_c_o._co_m ____________ ~ 1. Name and addresses of any mortgagees, holders of charges or other encumbrances: N/A 2. Nature and extent of relief applied for: To be completed by the applicant. (include By-Law Section if known) We are applying for relief of 7 .Sm minimum exterior side yard setback in RM zone on two sides of property. We are applying for relief on location of parking areas (section 5.24.3 of zoning bylaw), where parking is permitted only in interior side yard or rear yard in RM zone. We are applying to have parking areas located in the front or exterior side yards as per the submitted site plan. I For office use only 3. Why is it not possible to comply with the Provision of the By-Law? It is not possible to comply with the minimum exterior side yard setback due to the round shape around the rear of the property. Also, the lot is deemed a corner lot since it is surrounded by a street on three sides. 4. Legal Description of Subject land: Lot Number(s) ____ L_0 t_1_35 ___________ Plan Number or Concession _Pa_rc_ei_Pi_an_-2 _____ _ Part Number(s ) ____ s_ect_i_0 "_M_-_16 _________ Reference Plan Number __ P_lan_M_-_16_r_i11_s0_nb_u_rg ___ _ StreetAddress(ifany) __ 13_w_r_en_c_o_urt_,_r_;11s_o_nb_ur_9 ________________________ _ The lot is located on the ___ w_e_st ___ side of the Street lying between ___ N_iA _____ Street and Page 56 of 130 5. Dimensions of land affected: 48.90m Frontage ____________ Depth (average) ____ 4_4·_60_m __________ _ Area 18,131.11 square feet Width of Street 9.69m ---------------~ -------------------- 6. Particulars of all buildings and structures on or proposed for the subject land: (specify ground floor area, gross floor area, number of stories, width, length, height, etc.) Proposed: Ground Floor Area: 4 unit building -1,799.50 square feet. Ground Floor Area: 6 unit building -2,681.18 square feet. Total: 4,480.68 square feet. Gross Floor Area: 4 unit building -3,599 square feet. Gross Floor Area: 6 unit building -5,362.36 square feet. th x Length: 4 unit building -10.97m x 15.24m Width x Length: 6 unit building -16.34m x 15.24m Number of Stories: 2 for each building. Total: 8, 961.36 square feet. Height of both buildings (to mid oint of roo : 6.56m 7. Location of all buildings and structures on or proposed for the subject land: (specify distance from side, rear and front lot lines as well as lot coverage.) Please include a copy of a survey with all measurements. A copy of a survey/ site plan prepared by an Ontario Land Surveyor or Consulting Engineer must accompany this application with all necessary measurements. Vacant land Existing:------------------------------------ Proposed: __ E_~_e_rio_r_si_de_y_a_ro_s_ITT_b_ac_k_=4_u_n_it_bu_il-di-ng_-7_.2_1_m __ Ex_t_e_no_r_si-de_y_a_ro_s_ITT_b_ac_k:_6_u_ni_t_bu_il_di-ng_-_1_.2_6_m _________ _ Front yard setback: 4 unit building - 7 .54m Front yard setback: 6 unit building - 7 .54m 8. Date of acquisition of subject land: ___ Fe_b,_u•_ry_1_2,_2_02_1 ___________________ _ 9. Date of Construction of all buildings and structures on subject land (if known): __ Ni_A ______ _ 10. Existing uses of the subject property __ va_ca_n_t_la_nd_w_it_h_R_M_zo_n_in_g. ___________________ _ 11. Existing uses of abutting properties: __ M_e_di_um_de_n_sity_re_si_de_n_tia_l -_R_M_z_o_ni_ng_. ________________ _ 12. Length of time the existing uses of the subject property have continued: Since plan of subdivision registered in 1971 13. Municipal Services available (please check all appropriate boxes) 0 Water D Connected ~ Sanitary Sewers D Connected ~ Storm Sewers Vid Page 57 of 130 14. Present Official Plan Provisions applying to the land: _M_e_d_iu_m_d_en_si_ty_re_si_de_n_tia_1_ar_ea __________ _ 15. Present Zoning by-Law provisions applying to the land: Residential medium density-RM Zoning. 16. Has the owner previously applied for relief in respect of the subject property? 0Yes ~No If the answer is yes, describe briefly-------------------------- 17. Is the subject property the subject of a current application for consent under Section 53 of the Planning Act, 1990? 0Yes ~No l/We,,__L.!..J..<"'-"":.......=::::.....:.._--=----'-=----1--"'-'--L:--"7"1""--_ In the 0-ti-J ~ f\c;e_ DO SOLEMNLY DELCIARE THAT: All of the prescribed information contained in the is application is true and that the information contained in the documents that may accompany this application is true and I make the solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath by virtue of the Canada Evidence Act DECLARED before me at the Cd7 Of 0(1'~~ i11~ in the p, ' o+ o~!Arl~ ,, fJ "v I.If t:l, This _s day of l'1.r!1~C t, .lotl ·~/ Owner(s)/ Applic;efnt fl!_#g " ~ Owner(s)/Applicant For Office use Only Page 58 of 130 AUTHORIZATION NOTE: The property owner or the authorized agent must complete the application. Where an agent is making the application, the written authorization of the owner must be completed below. If the application is being made under an agreement of purchase and sale, a copy of the agreement must be attached and will remain confidential. Authorization of Owner(s) for Applicant/Agent to Make the Application l/We, __ M_ich_ae_1_c1_0u_se_-_w_re_nm_a_rk_u_mi_te_d _____ , am/are the owner(s) of the land that is the subject of this application for site plan and I/we authorize __ M_a_tt_M_ay_&_P_ab_10_w_rn_is __ , to make this application on my/our behalf. The Good Life Building Corp. Signature of Owner(s) Signature of Owner(s) DATED Notes: 1. It is required that one original copy of this application and all drawings be filed at the Town's Customer Service Centre, accompanied by a fee of $1, 150.00 cash of cheque made payable to the Town of Tillsonburg. This amount includes the Town's $1,050.00 fee, as well as the County's $100.00 public works review fee. Applications after the fact cost a total of $2,200.00, including the Town's $2, 100.00 fee and the County's $100.00 public works review fee. Page 59 of 130 F.R. Berry & Associates TRANSPORTATION PLANNING CONSULTANTS 660 Inverness Avenue London, Ontario N6H 5R4 Tel: (519) 474 2527 Toll Free: 1 888 665 9192 Email: fyberry@rogers.com February 19, 2021 Our Ref. 2112 CJDL Consulting Engineers 261 Broadway P.O. Box460 Tillsonburg ON N4G4H8 Attn. Mr. A. Gilvesy, P.Eng. Dear Mr. Gilvesy: RE: PROPOSED RESIDENTIAL DEVELOPMENT WREN COURT, TILLSONBURG At your request, I have assessed the potential traffic impact of a proposed 10 unit residential development on Wren Court in Tillsonburg. The site plan is shown in Figure 1. Wren Court is a cul de sac off Woodcock Drive which is a two lane local street. The cul de sac design is unusual in that it forms a loop with driveway access to several townhouse developments off the loop. Your client proposes to construct five semi- detached buildings, ten dwelling units, on a site within the loop. 18 parking spaces are provided, in conformance with the Town of Tillsonburg zoning by-law. The centre of the loop is currently open space and, based on photographic evidence, is used for informal parking by local residents. The site plan shows about half of the proposed 18 parking spaces in essentially the same locations as the existing informal parking spaces. The proposed ten dwelling units will generate about eight vehicle trips in the morning peak hour and about ten vehicle trips in the afternoon peak hour. Relative to existing vehicle trip generation on V\/ren Court, these additional trips will have no significant impact Page 60 of 130 1234567891011121314UNIT 1UNIT 2UNIT 3UNIT 4UNIT 5WREN CRT.WREN CRT.48.895 m7.500 m7.500 m7.500 m3.600 m1799.94sqft1799.94sqft1799.94sqft1799.94sqft1762.48sqft3.600 m7.538 m7.538 m8.783 m8.783 m9.138 m8.876 m7.262 m7.272 m10.500 m7.500 m7.500 m7.500 m7.500 m15SIDEWALKSIDEWALKSIDEWALKSECOND FLOOR BALCONYSECOND FLOOR BALCONYSECOND FLOOR BALCONYLOT AREA: 18137.17sqft 16SIDEWALKSIDEWALKSIDEWALKSIDEWALKSIDEWALK10.438 m3.000 m3.400 m3.000 m10.438 m10.829 m10.972 m3.000 m3.000 m10.423 m10.185 m3.000 m6.000 m3.000 m6.000 m3.000 m6.566 m6.000 m6.959 m6.000 m10.973 m15.240 m16.345 m15.240 mSTREET WIDTH9.692 mLOT DEPTH40.167 mScale:FINE LINESDESIGN1 : 2002021-03-01 12:08:47 PMSITE PLANPRIVATE RESIDENCEWREN COURT, TILLSONBURGPage 61 of 130 LIVING ROOMKITCHEN DINING ROOMMECHBEDROOM 1 BEDROOM 2 LINENbedroom 28' - 4"bedroom 18' - 4"bedroom 1 & 214' - 4"mech.6' - 5"wash.8' - 11"kitchen/dining room10' - 0"living room14' - 7"living roomwash.5' - 0"mech.3' - 10"WASH.dining room/kitchen17' - 1"5'10'20'015'WALL LEGENDEXISTING WALLS TO REMAINWALLS TO BE DEMOLSHEDPROPOSED WALLSTRUE NORTHBEDROOM 1 BEDROOM 2 MECHLIVING ROOMKITCHEN DINING ROOMBALCONYWASH.bedroom 1 & 214' - 4"wash.8' - 11"mech.6' - 5"dining room/kitchen8' - 4"living room16' - 3"living room13' - 3"dining room/kitchen17' - 1"bedroom 18' - 4"mech.3' - 10"bedroom 28' - 4"wash.5' - 0"Scale:FINE LINESDESIGNAs indicated2021-03-01 12:08:48 PM1ST & 2ND FLOOR PLANPRIVATE RESIDENCEWREN COURT, TILLSONBURG1ST FLOOR PLAN2ND FLOOR PLAN13' - 3"Page 62 of 130 89.75ESTABLISHED GRADE89.89T/O 1ST FLR SUBFLR92.69T/O 2ND FLR SUBFLRT/O 2ND FLR WALLT/O 1ST FLR WALL97.55T/O ROOF7.80 m25' - 7"7' - 10"8' - 1"1' - 1"8' - 1"6"MID-POINT OF ROOF6.56 m89.75ESTABLISHED GRADE89.89T/O 1ST FLR SUBFLR92.69T/O 2ND FLR SUBFLRT/O 2ND FLR WALLT/O 1ST FLR WALL97.55T/O ROOF7.80 m6"8' - 1"1' - 1"8' - 1"7' - 10"25' - 7"MID-POINT OF ROOF6.56 mScale:FINE LINESDESIGN1/8" = 1'-0"2021-03-01 12:08:52 PMELEVATIONSPRIVATE RESIDENCEWREN COURT, TILLSONBURGEAST ELEVATIONFRONT ELEVATIONPage 63 of 130 89.75ESTABLISHED GRADE89.89T/O 1ST FLR SUBFLR92.69T/O 2ND FLR SUBFLRT/O 2ND FLR WALLT/O 1ST FLR WALL97.55T/O ROOF7.80 mMID-POINT OF ROOF6.56 m25' - 7"7' - 10"8' - 1"1' - 1"8' - 1"6"89.75ESTABLISHED GRADE89.89T/O 1ST FLR SUBFLR92.69T/O 2ND FLR SUBFLRT/O 2ND FLR WALLT/O 1ST FLR WALL97.55T/O ROOF7.80 mMID-POINT OF ROOF6.56 m25' - 7"7' - 10"8' - 1"1' - 1"8' - 1"6"Scale:FINE LINESDESIGN1/8" = 1'-0"2021-03-01 12:08:56 PMELEVATIONSPRIVATE RESIDENCEWREN COURT, TILLSONBURGWEST ELEVATIONREAR ELEVATIONPage 64 of 130 Scale:FINE LINESDESIGN2021-03-01 12:09:07 PMEXTERIOR PERSPECTIVE - FRONTPRIVATE RESIDENCEWREN COURT, TILLSONBURGPage 65 of 130 Scale:FINE LINESDESIGN2021-03-01 12:09:18 PMEXTERIOR PERSPECTIVE - REARPRIVATE RESIDENCEWREN COURT, TILLSONBURGPage 66 of 130 F.R. Berry & Associates TRANSPORTATION PLANNING CONSULTANTS 660 Inverness Avenue London, Ontario N6H 5R4 Tel: (519) 474 2527 Toll Free : 1 888 665 9192 Email: fyberry@rogers.com February 19, 2021 Our Ref. 2112 CJDL Consulting Engineers 26 1 Broadway P.O. Box460 Tillsonburg ON N4G4H8 Attn . Mr. A Gilvesy, P.Eng. Dear Mr. Gilvesy: RE : PROPOSED RESIDENTIAL DEVELOPMENT WREN COURT, TILLSONBURG At your request, I have assessed the potential traffic impact of a proposed 10 unit residential development on Wren Court in Tillsonburg. The site plan is shown in Figure 1 . Wren Court is a cul de sac off Woodcock Drive which is a two lane local street. The cul de sac design is unusual in that it forms a loop with driveway access to several townhouse developments off the loop. Your client proposes to construct five semi- detached buildings, ten dwelling units, on a site within the loop. 18 parking spaces are provided, in conformance with the Town of Tillsonburg zoning by-law. The centre of the loop is currently open space and, based on photographic evidence, is used for informal parking by local res idents. The site plan shows about half of the proposed 18 parking spaces in essentially the same locations as th e existing informal parking spaces. The proposed ten dwelling units w ill generate about eight vehicle trips in the morning peak hour and about ten vehicle trips in the afternoon peak hour. Relative to existing vehicle trip generation on Wren Court, these additional trip s will have no significant impact. Page 67 of 130 -2- The proposed parking spaces are located in three groups of four and one group of six. No parking spaces are located opposite the access from Woodcock Drive where turning movements by entering and exiting traffic occur. If possible, it would be desirable to relocate parking spaces 9 and 10, since vehicles moving in and out of these spaces would be most like ly to be in confli ct with these turning movements. Visibility is not an issue. In effect, vehicle movements in and out of the parking spaces would operate as though these were private driveways. With reasonable caution on the part of drivers, th e risk of accidents is very low. In summary, the proposed parking arrangement should result in safe operat ion of vehicles o n Wren Drive. As noted above, for a greater measure of safety, considerati on should be given to relocating parking spaces 9 and 10. Very truly yours F. R. Berry & Associates 11 I {2 ~V j'~".',:cc~'•. ~ . ,.,~.. :.~ f. • • ·~ Frank R. Berry, P. ng.[ .. ~/ .· ·· ·· ~ Principal ~ ,. 1 ;. '.·' -~ i. i .' ~" .... --··.. . -f \ . a -.:;~:_;::~:{.;:/ Page 68 of 130 WREN CRT. 3.t.om ' ' ' LOT AR EA: l 8 l 37 .17s qft / I ~---/'-'.~-----+------~~~~-~ A,..p ..... ....... ,,,, ,,,.... ·~ ....... __ ---- • ~ WREN CRT. SITE PLAN Figure 1 Scali 2021· PRIVATE RESIDENCE WREN COURT, TILLS ONBURG Fii Page 69 of 130 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A06-21 APPLICATION FOR PERMISSION TO: Town of Tillsonburg Committee of Adjustment MEETING: April 19, 2021 REPORT NUMBER: 2021-109 OWNER: Tillsonburg Properties for Community Living 96 Tillson Ave, Tillsonburg ON N4G 1A1 AGENT: Justin Walsh, PK Construction A-37 Tillson Street, Tillsonburg ON N4G 0B7 REQUESTED VARIANCE: Pursuant to Section 45(2) of the Planning Act, the applicant has applied for permission to extend an existing legal non-conforming use to permit the construction of an addition to an existing multiple unit dwelling, consisting of an exterior stairway. LOCATION: The subject lands are legally described as Lot 606, Plan 500, Part 1 of 41R-4383, Town of Tillsonburg. The lands are located on the north side of John Street, between Broadway and Hardy Avenue, and are municipally known as 6 John Street in the Town of Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW : Low Density Residential Type 1 Zone (R1) SURROUNDING USES: Surrounding land uses include primarily low density residential development, consisting of single detached dwellings. Page 70 of 130 File Number: A06-21 Report Number 2021-109 Page 2 COMMENTS: (a) Purpose of the Application: The applicant has applied for permission under Section 45(2) of the Planning Act to facilitate the construction of a small addition to an existing multiple unit dwelling. The proposed addition will consist of an exterior stair case at the rear of the existing dwelling. The subject property has an area of 395 m2 (4,251 ft2) and the existing building, a multiple unit dwelling, appears to be comprised of 2 dwellings (circ. 1920 & 1951) that were attached at some time in the past with a breezeway. The subject property does not comply with the minimum lot area or lot depth provisions, or minimum front yard depth, rear yard depth or interior side yard width. These deficiencies however are considered legal non-complying. Plate 1, Location Map with Existing Zoning, illustrates the location of the property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, is an aerial view of the property as it existed in 2015. Plate 3, Applicant’s Site Plan, depicts the setback and location of the existing dwelling. Plate 4, Proposed Addition, depicts the size and location of the proposed addition. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Building Department indicated that a confirmation of the proposed setback between the addition, and rear lot line and interior lot line will be required once the foundation for the addition is in place. The addition will not be permitted to encroach into the Town-owned alley. The Town Engineering Services Department indicated that an encroachment permit or agreement will be required for the proposed sidewalk on the lane adjacent to the addition, which is owned by the Town. Oxford County Public Works Department indicated that they had no comments respecting the application. (c) Public Consultation: Public Notice was provided to surrounding property owners on April 8, 2021 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Planning Review: Section 45(2) of the Planning Act provides that the Committee of Adjustment may, where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law, permit the enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed, continued until Page 71 of 130 File Number: A06-21 Report Number 2021-109 Page 3 the date of the application to the committee, but no permission may be given to enlarge or extend the building or structure beyond the limits of the land owned and used in connection therewith on the day the by-law was passed. Section 10.3.5 (Zoning By-law and Non-Conforming Uses) of the Official Plan states that the Committee of Adjustment may permit the extension, enlargement or change of use of a legally established land use that does not conform to the Official Plan and the local area municipal Zoning By-law. In evaluating such applications, the Committee shall consider the following criteria:  the use has been continuous from the day the Zoning By-law came into effect;  there will be no extension of the site or building beyond the limits of land owned and used from the effective date of the By-law;  permission for the extension, enlargement or change in the non-conforming use is in keeping with the general intent of the Official Plan and will not aggravate those aspects of the use that do not conform to the Official Plan or Zoning By-law;  that existing municipal services such as water, sewers, stormwater management facilities and roads will be adequate;  that there are adequate parking and loading facilities to accommodate the proposed use;  that the proposed extension, enlargement or change in use would include measures to reduce nuisances, protect adjacent properties and improve the compatibility of the use with surrounding areas; and,  that the extension, enlargement or change in use is necessary to avoid undue hardship on the applicant, provided that all other criteria have been met, there are no negative effects on environmental resources and the proposed use is more compatible than the existing use relative to the relevant Official Plan policies. In considering such applications for permission, the policies also state that the Committee of Adjustment may attach such conditions as it deems appropriate to the approval of an application within its jurisdiction to extend, enlarge or change a legal non-conforming use. The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes, street fronting town houses and multiple unit dwellings as well as accessory uses thereto. The use of the lands for a multiple unit dwelling is consistent with the ‘Low Density Residential’ policies of the Official Plan. The current R1 Zoning of the property does not permit a multiple unit dwelling. It is the opinion of the Planning office that this application complies with the criteria outlined in Section 10.3.5 of the Official Plan. Property information on file and information provided by the applicant indicate the existing property has had two dwellings (later converted to a multiple unit dwelling) located on the subject lands since 1950, and have continued to be used for residential purposes since that time which is in keeping with the above-noted criteria outlined in the Official Plan. Further, it is noted that the proposed addition will be wholly located within the confines of the subject lands and will be continue to be adequately serviced by existing municipal water and wastewater services. With respect to the proposed stairway addition, staff are of the opinion that due to the configuration of the dwelling, the proposed location is the only logical location for a new exterior entrance and exit to the dwelling unit in the lower level of the multiple unit dwelling without extensive Page 72 of 130 File Number: A06-21 Report Number 2021-109 Page 4 modifications and renovations to the interior of the dwelling. The proposed setback to the rear lot line from the stairway of 1.9 m (6.2 ft) is considered sufficient for access, construction and maintenance of the small addition. No further impacts are expected with this minor reduction from the existing setback of 3.66 m (12 ft). The proposed relief of the interior side yard width in this instance can be considered appropriate as it will not impact any adjacent uses as the abutting land is vacant and is owned by the Town. The proposed sidewalk within the Town-owned land will require an encroachment permit or agreement from the Town. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of Section 45(2) of the Planning Act and Section 10.3.5 of the Official Plan and can be given favourable consideration. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A06-21, submitted by Tillsonburg Properties for Community Living, for lands described as Lot 606, Plan 500, Town of Tillsonburg, as it relates to: 1. Permission to extend an existing legal non-conforming use to permit the construction of an addition to an existing multiple unit dwelling, consisting of an exterior stairway, with a rear yard depth of 1.9 m (6.2 ft), and a 0.1 m (0.3 ft) interior side yard width. Subject to the following conditions: a) That an updated building location survey be provided to verify the setback between the proposed addition and the rear and interior lot lines; b) That a building permit for the proposed addition be issued within one year of the date of Committee’s Decision; c) That the relief only apply to facilitate an addition at the location and of approximate dimensions as illustrated on Plate 4 of CP Report 2021-109. Authored by: “original signed by” Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: “original signed by” Gordon K. Hough, RPP Director Page 73 of 130 March 25, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: A-06/21- Tillsonburg Properties for Community Living Lot 606, Plan 500, Town of Tillsonburg - 6 John Street Subject Property Page 74 of 130 March 25, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Subject Property Plate 2: 2015 Aerial Map File No: A-06/21- Tillsonburg Properties for Community Living Lot 606, Plan 500, Town of Tillsonburg - 6 John Street Broadway Page 75 of 130 .......... _ _,'!':"_.-.-----------------...,.---··· ----· / )-<( 3: a <C D cc ca ----------L C> T P I N INST 0 0 0 2 7 No. '~"''\ .,_,~<; .,-o~r,;. --------505 0 3 00 244357 <'.') <'. <1\..Y ,-'" <,,. ~ ( ~-/..._~ /$ --,0 '(• () <) 0 <'. C:>' <\<,,. ,0. \ \'' '-'o~ .,~· 'l~o'I ... "'., ~ Nsr0ss·oo·E 11 oo ~ '"" ~----·----1,.._______ __ ~~T"~·'""!':~~3:!::sa:s;;;;::~:;;;;;;;;;;;;:;;;;;;,;;i.....~~~--,Rrrs ! ro trnf -i'l.N 00027-0350 <o'l,' ',., .,. I -I -;--I L C> T PI N. 00027. 0359 IN ST No 238658 , i::. \. ,<( -;) 1)..\'· !!, INST No 3S7a1~ PART I "'"3 -!?-43-:;; 8 0 8 ~ -?L/.l!Y .!/ r 0 0 :-6.8·. " u " ;,. I STOREY DWELLl'IG 8 : rou"o.u1011 ·., ~ HOUSE No. 4 ·.:> " 0: " "' 2.1 I y, STOREY I DWELLING l A$0E STOS '5101'4G 1 cowmlE n~c1 I fOO~DA I ION ~r~ "' ., .. l ~ . $"$ .Ji ~ ._,¥ ~ ..... ~..,_ m ..... ~96 01!1 i ·~~~. llltE )--~ .; \.t.l"' -06 ')1' $ 0 ltK{ r _) 0 LOT 607 b.1 ::> z LI..\ > <( >-a ~ 1.. ... <C :c )')'f> / «',/ ::s tw -1 ::;c::;f SIOING I -~ 0 ~ .... 0 ~ 6.1' 'i------...J ,, I HOUSE No 6 1 .'. 3 ,. .. ~ b :;t: J :r_. ? ~.. ...; C;\ :! ~~ '=-~ a. co 0\ 70 ~ '.\ o •' :i~~ 160 20' <o' <o.., I'-~· ' . ~~ "' • ' 3 2 3 36' \: ' SOUTH-WEST CORNER /OF LOT 606,PLAN ~00 :-+-f ·~ ·~ , ~ di::--65 0 II---~I I 7 0 I 0 I 1 >---'i " f--< N54°13"3o"'E (REFERENCE'O .,_-., BEARING) ,,,,~,.o" ~,.,o0 .,'°' ,..,,, -:::-"' 1800 .f5or ~-1 ri!....li'-1 :::-.-r ci c ~ -r rHn1 PLAN OF PART OF LOT 606 JUDGE'S PLAN REGISTERED AS PLAN No. 500 TOWN OF TILLSON BURG COUNTY OF OXFORD SCALE -I INCH : 20 FEET KIM S. HUST ED O.L.S. /992 THIS PLAN HAS BEEN PREPARED FOR BERTHA ELLIS AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE BY OTHER PARTIES. SURVEYOR'S CERTIFICATE I CERTIFY THAT THE FIELD SURVEY REPRESENTED BY THIS PLAN ~~::;L~~· "~"'"~~""I~' DATfo . K-Js. H 0 ARIO LAN THIS REPORT CAN BE UPDATED BY K. S. HUSTED 0.L.S. HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WILL BE ISSUED SUBSEQUEN f TO THE DATE O""F CERTIFICATION. NOTES ('i) -BEARINGS ARE ASTRONOMIC ANO ARE REFERRED TO THE NORTHERLY LIMIT OF JOHN STREE' AS SHOWN ON PLAN 41R·4363HAVING A BE.ARING OF N54°13'3o"E . SURVE>ORS REAL PROPERTY REPORT PART 2 THIS PLAN MUST BE READ IN CONJUNCTION WITH THE SURVEY REPORT. LEGEND • DENOTES SURVEY MONUMENT FOUND 0 OE NOTES S~VEY MOllUMENT SET SIB DENOTES STANDARD IRON BAR IB OEHOTES IRON BAR lWtTI DENOTES WITNESS ii!I DENOTES ROUND (P.K.I DENOTES PA 'KER·~ALON MASONRY NAIL (1582) DENOTES ~-,~~u.sT_E~-~L5. ____ ·--.... ··-·-· ... __ , Plate 3: Property Survey File No: A-06/21- Tillsonburg Properties for Community Living Lot 606, Plan 500, Town of Tillsonburg - 6 John StreetPage 76 of 130 Date---Project #TILLSONBURG COMMUNITY LIVINGPROPOSED RENOVATIONS TO4-6 JOHN STREETTILLSONBURG , ONTARIOScaleRevision/IssueNo.y/m/d3/8"=1'-0"Apr. 13, 202137 Tillson Street, Tillsonburg ON N4G 0B7 Phone (519) 842-8001 Fax (519) 842-6134 www.pkconstruction.ca PK Construction Inc. Sheet # Sp1SITE PLANn 1/4"=1'-0"PROPOSED EXTERIOR STAIR ADDITION EXISTING 1 1/2 STOREY DWELLING J O H N S T R E E T EXISTING 1 STOREY DWELLING EXISTING 1 STOREY DWELLING nn nn EXISTING ALLEY Plate 4: Proposed Addition File No: A-06/21- Tillsonburg Properties for Community Living Lot 606, Plan 500, Town of Tillsonburg - 6 John Street Page 77 of 130 FORM 1 Building, By-Law & PLANNING ACT, 1990 . . g Services APPLICATION FOR MINOR VARIANCE OR PERM s(;7oo CEIV§ IS ar Avenue Town of Tillsonburg Committee of Adjustme BUI LDING or:Pi. Till onburg ON Fee $1,150.00 ($2,200 .00 - See Note 1 -Page 4) N4G 5A7 MAR 1 0 2021 For Office Use Only PIN#: ROLL#: FllY:: The undersigned hereby applied to the Committee of Adjustment for the Town of Tillsonburg under Section 44 of the Planning Act, 1990, for relief, as described in this application form By-Law No. 3295 (as amended). Email: 1. 2. Name and Address of Owner Name and Address of Applicant/Agent (if applicable) Postal Code: Name and addresses of any mortgagees, holders of charges or other encumbrances: Nature and extent of relief applied for: To be completed by the applicant. (include By-Law Section if known) 6-f ~1·~ ~d~0 cr ~· h ;L_J e-6~v., ~ A ~v'\.-f0-<cJ~:/j ~ I For office use only 3. Why is it not pos s ibl e to comply with the Provision of the By-Law? P."0 "><1vv--i-l.j ~ct Fn1i:>trl y L, V\.f · 4. L ega l Description of Subject land: Lot Number(s)._0"'-r _o_0 __________ Pl a n Number or Concession IJ~. S'CO Part Number(s ) ____________ Reference Pl a n Number ________ _ Street Address (if any) b --y~V'\. ~-+ 1-(,'/I So/\bvry· UN. The lot is located on th e Md~ side of the Street lying betwee n B@ Jv"f l)cV1 "1 0v-.. (\ 11 e. -Street- Street an d Page 78 of 130 5. Dimen s ions of land affected: Frontage ____________ Depth (average)--------------- Width of Street _______________ _ 6. Particulars of all buildings and structures on or proposed for the subject land: (specify ground floor area, gross floor area, number of stories, width, length, height, etc.) Existing: S'ce. A~-( a. cW. f)y-CJ r1rLt lkp .;,1-'[ ~ $v #2 /1 · rd h11 -fJ4._ (c,1.v,,.,_ of- Tc j( ry_, hvf'' Proposed: AJd1 J...,c,.,,... cF e.><~{(1.: PVIA '"'' 0 2) 7. Location of all buildings and structures on or proposed for the subject land: (specify distance from side, rear and front lot lines as well as lot coverage.) Please include a copy of a survey with all measurements. A copy of a survey/ site plan prepared by an Ontario Land Surveyor or Consulting Engineer must accompany this application with all necessary measurements. Existing: ~e <...-A ~ tlt ~ Yro <r~, 1(/r S · 1-u) t, ·-ro....rV\ cF ~ f~h vr . 8. Date of acquisition of subject land:------------------------ 9. Date of Construction of all buildings and structures on subject land (if known): _______ _ 10. Existing uses of the subject property __,_f4_....:;...:;s .:....:1'J'-. ~-"''-~.:...'J__,_1 ________________ _ t l. Existing uses of abu tting prope rties: __,.\~~s""'"'ld=---t_,,_J"'-'1"""'cJ'-'--. ________________ _ 12. Length of tim e the ex isting uses of the subject property have cont inued : A..J SG y'f'~if":, 13. Municip a l Services ava ilable (please check all appropriate box es ) [EJ Water ~onnected W Sanitary Sewers [Kl Conne cted C&3S torm Sewers Page 79 of 130 14. Present Official Plan Provisions applying to the land: __._/0_c_~-----"-· _____________ _ 15. Present Zoning by-Law provisions applying to the land: ~Af_C!N\._~-------------- 16. Has the owner previously applied for relief in respect of the subject property? DY es ~No If the answer is yes, describe briefly ------------------------- 17. Is the subject property the subject of a curre~ayplication for consent under Section 53 of the Planning Act, 1990? 0Yes 12efNo THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS l/We __ ,_j~v1~$~ff._1/~~/0_11-~~l-5~f-._.:f ____ of the P/( In the peo VtrJ L~ of __ __...,()~tJ_-1._'I}_. ;{.,_(_0 __ _ DO SOLEMNLY DELCIARE THAT : All of the prescribed information contained in th e is application is true and that the information contained in the documents that may accompany this application is tru e and I make the solemn d ecl aration consc i entiously believing it to be true and knowin g that it is of the same force and effect as if made unde r oath by virtue of the Ca nada Evidence Act. DECLARED before me at th e OttiU Of e. K. Coos\Yueb'Ot'\ \nC. 1m.uti c(J -=f;\\ soo.~u.r5 This 10-t\..-day of Milich in th e , 61Dc9-.l LAURA LEE DEMPSEY, a Commissioner, etc., Province of Ontario, for PK CONSTRUCTION INC . +=;;;~....c:;i;;:~~..IL~'.\-f'.-----___!E~x\Wires August 31, 2023 For Office use Only Owner(s)/ Applicant Page 80 of 130 AUTHORIZATION NOTE: The property owner or the authorized agent must complete the application. Where an agent is making the application, the written authorization of the owner must be completed below. If the application is being made under an agreement of purchase and sale, a copy of the agreement must be attached and will remain confidential. Authorization of Owner(s) for Applicant/Agent to Make the Application IM/e, , am/are the owner(s) of the land that is the subject of this application for site plan and I/we authorize {){{. (cvi5~k<--f•<Q , to make this application on my/our behalf. Signature of Owner(s) Signature of Owner(s) DATED Notes: 1. It is required that one original copy of this application and all drawings be fil ed at the Town's Customer Service Ce ntre, accompanied by a fee of $1, 150.00 cash of cheque made payable to the Town of Tillsonburg. This amount includ es the Town's $1,050.00 f ee, as well as th e County's $100.00 public works review fee. Applications after the fact cost a tota l of $2,200.00, including the Town's $2, 100.00 f ee and the County's $100.00 public works review fee . Page 81 of 130 .......... _ _,'!':"_.-.-----------------...,.---··· ----· / )-<( 3: a <C D cc ca ----------L C> T P I N INST 0 0 0 2 7 No. '~"''\ .,_,~<; .,-o~r,;. --------505 0 3 00 244357 <'.') <'. <1\..Y ,-'" <,,. ~ ( ~-/..._~ /$ --,0 '(• () <) 0 <'. C:>' <\<,,. ,0. \ \'' '-'o~ .,~· 'l~o'I ... "'., ~ Nsr0ss·oo·E 11 oo ~ '"" ~----·----1,.._______ __ ~~T"~·'""!':~~3:!::sa:s;;;;::~:;;;;;;;;;;;;:;;;;;;,;;i.....~~~--,Rrrs ! ro trnf -i'l.N 00027-0350 <o'l,' ',., .,. I -I -;--I L C> T PI N. 00027. 0359 IN ST No 238658 , i::. \. ,<( -;) 1)..\'· !!, INST No 3S7a1~ PART I "'"3 -!?-43-:;; 8 0 8 ~ -?L/.l!Y .!/ r 0 0 :-6.8·. " u " ;,. I STOREY DWELLl'IG 8 : rou"o.u1011 ·., ~ HOUSE No. 4 ·.:> " 0: " "' 2.1 I y, STOREY I DWELLING l A$0E STOS '5101'4G 1 cowmlE n~c1 I fOO~DA I ION ~r~ "' ., .. l ~ . $"$ .Ji ~ ._,¥ ~ ..... ~..,_ m ..... ~96 01!1 i ·~~~. llltE )--~ .; \.t.l"' -06 ')1' $ 0 ltK{ r _) 0 LOT 607 b.1 ::> z LI..\ > <( >-a ~ 1.. ... <C :c )')'f> / «',/ ::s tw -1 ::;c::;f SIOING I -~ 0 ~ .... 0 ~ 6.1' 'i------...J ,, I HOUSE No 6 1 .'. 3 ,. .. ~ b :;t: J :r_. ? ~.. ...; C;\ :! ~~ '=-~ a. co 0\ 70 ~ '.\ o •' :i~~ 160 20' <o' <o.., I'-~· ' . ~~ "' • ' 3 2 3 36' \: ' SOUTH-WEST CORNER /OF LOT 606,PLAN ~00 :-+-f ·~ ·~ , ~ di::--65 0 II---~I I 7 0 I 0 I 1 >---'i " f--< N54°13"3o"'E (REFERENCE'O .,_-., BEARING) ,,,,~,.o" ~,.,o0 .,'°' ,..,,, -:::-"' 1800 .f5or ~-1 ri!....li'-1 :::-.-r ci c ~ -r rHn1 PLAN OF PART OF LOT 606 JUDGE'S PLAN REGISTERED AS PLAN No. 500 TOWN OF TILLSON BURG COUNTY OF OXFORD SCALE -I INCH : 20 FEET KIM S. HUST ED O.L.S. /992 THIS PLAN HAS BEEN PREPARED FOR BERTHA ELLIS AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE BY OTHER PARTIES. SURVEYOR'S CERTIFICATE I CERTIFY THAT THE FIELD SURVEY REPRESENTED BY THIS PLAN ~~::;L~~· "~"'"~~""I~' DATfo . K-Js. H 0 ARIO LAN THIS REPORT CAN BE UPDATED BY K. S. HUSTED 0.L.S. HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WILL BE ISSUED SUBSEQUEN f TO THE DATE O""F CERTIFICATION. NOTES ('i) -BEARINGS ARE ASTRONOMIC ANO ARE REFERRED TO THE NORTHERLY LIMIT OF JOHN STREE' AS SHOWN ON PLAN 41R·4363HAVING A BE.ARING OF N54°13'3o"E . SURVE>ORS REAL PROPERTY REPORT PART 2 THIS PLAN MUST BE READ IN CONJUNCTION WITH THE SURVEY REPORT. LEGEND • DENOTES SURVEY MONUMENT FOUND 0 OE NOTES S~VEY MOllUMENT SET SIB DENOTES STANDARD IRON BAR IB OEHOTES IRON BAR lWtTI DENOTES WITNESS ii!I DENOTES ROUND (P.K.I DENOTES PA 'KER·~ALON MASONRY NAIL (1582) DENOTES ~-,~~u.sT_E~-~L5. ____ ·--.... ··-·-· ... __ , Page 82 of 130 D El ITO ® l~li qQ~ ~ PROPOSED RENOVATI ONS TO T I LL SO NBURG COM MUN ITY LI V I N G l~I~ ~ ~ ITJ ® ~ 8 0 __.LJ-----::~____,__, ® ® ® ~ I ~<;~:;;:; ,.::----Uli~>Oi«i=°• .~ - ,----------- 4 -6 JO H N STR EET TI LLSON BURG , ONTARIO BASE M ENT FLOOR PLAN f e? 11. 2021 1 ''"'..;t;_, f . -H --1 n I Page 83 of 130 ' l~li .. lili ~H~ . .. I : I ~ I u ·~ ;a q , -,_ 1 uu '---+"""''---t-+~"v JIU ~-~----------~---.-~ ~ iii i _J ai1 -~~ ... . --'------·-·-·~-----~------------+---'· 111 ,.... ,........ , . .., ' PROPOSED RENOVAT IONS TO T I LLSO N BURG COMMUNITY LIVI N G 4-6 JOHN STREET TI LLSONBURG, ONTARIO tv FIRST FLOOR. PLAN 1 -~. 11, 2021 -=--~-'-'=~-j---------jr-----1 I N \c:t ed 1-,,,+----.~---~,-,~--<-,,_--< .. Page 84 of 130 r----------------------------------------------------------L-~-------- -----------------EXISTING UNHEATED ATIICSPACE r-1 I I I I I -··---.. __..__J:_~~ .. "' ,//'I', , I ' , I ' ,' I ', , ' ' ,' I ', , I ' ,,' : ','\ , I ' ,'' : ~ ',, / t UNHEATED ', ..... -....... -. ({l .. llO(",tl(.l(;KT ,, V.1"1~'1<.t~IOC.111,IU!l (1110. ..... ([W"'l.~4·.-EXISTING BEDROOM ,'' : _ATI_l_C_SP_AC_E ',, , I '·,.._ ________ _. I I I I I I I I I I I ~ I I I I , I I I ~ I I I I I I I I I I I I I I I I I I I I I I I I I / I I ' I ~-----------------J I I I I I I I ·---------------______ 1 ___ ------------------· ~ PK ConstrucUon Inc. )1-~---~:i::::::. -~i::.'.: \..J o~ f-> V1 ::i z: >-0 !:::: -z ~:) >2 02 z: 0 l.J..J v Q 121 ~ ex: -/ < = ~ >---" z 1 \I 0 .. ~ '-' ex: :i "' z 0 ~ _, >'= a: \..J 0 0: l.J..J :) V1 Cl'.l:;; oz:;! 0..... 0 ti; lL 0 Vl z 0 ....J :i:: z a: ....J Q 0 0..... -"'u f-' \LI ,,. <f) Page 85 of 130 "' c 5 z Cl a 0 z PROPOSED RENOVATIONS TO TILLSO N B U RG CO MMUNIT Y LIVIN G 4-6 JOHN STREET TI LLSONBURG, ONTARIO BU ILDI NG SECTIONS "eo. I t, 202 1 As '\cte~r-,,,+-------+--t Page 86 of 130 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A07-21 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: April 19, 2021 REPORT NUMBER: 2021-111 OWNER: Susan Robinson 85 Queen Street, Tillsonburg ON N4G 3H2 AGENT: Jeff Manary 164103 Brownsville Road, Tillsonburg ON N4G 4G8 REQUESTED VARIANCE: 1. Relief from Section 6.2 - R1 Zone Provisions- Rear Yard, to reduce the minimum required rear yard depth from 12.5 m (41 ft) to 1.77 m (5.8 ft) to facilitate an addition to the rear of the existing dwelling. LOCATION: The subject lands are legally described as Lot 482, Plan 500, Town of Tillsonburg. The lands are located on the west side of Queen Street, north of Concession Street East, and are municipally known as 85 Queen Street in the Town of Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential TOWN OF TILLSONBURG ZONING BY-LAW : Low Density Residential Type 1 Zone (R1) SURROUNDING USES: Surrounding land uses include primarily low density residential development, consisting of single detached dwellings with institutional uses fronting on the east side of Queen Street and north side of Concession Street East. Page 87 of 130 File Number: A07-21 Report Number 2021-111 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provision of the Town Zoning By-law to facilitate the construction of a small addition to an existing single detached dwelling. The proposed addition will consist of a bathroom, and has a proposed area of 7.9 m2 (81 ft2). The subject property has an area of 229.3 m2 (2,468 ft2) and contains a single detached dwelling (circ. 1930). The subject property does not comply with the minimum lot area or lot depth provisions, or minimum rear yard depth or interior side yard widths. These deficiencies however are considered legal non-complying according to the Town’s Building Department. Plate 1, Location Map with Existing Zoning, illustrates the location of the property and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, is an aerial view of the property as it existed in 2015. Plate 3, Applicant’s Site Plan, depicts the setback and location of the existing dwelling. Plate 4, Proposed Addition, depicts the size and location of the proposed addition. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Building Department indicated that a confirmation of the proposed setback between the addition and rear lot line will be required once the foundation for the addition is in place. The Town Engineering Services Department indicated that a lot grading plan will be required at time of building permit submission. (c) Public Consultation: Public Notice was provided to surrounding property owners on April 8, 2021 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Low Density Residential’ according to the Official Plan. Within the ‘Low Density Residential’ designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling is consistent with the ‘Low Density Residential’ policies of the Official Plan. Page 88 of 130 File Number: A07-21 Report Number 2021-111 Page 3 (e) Intent and Purpose of the Zoning By-law: The subject property is currently zoned ‘Low Density Residential Type 1 Zone (R1)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘R1 zone include a single detached dwelling and home occupation. The provisions of the R1 zone require a minimum lot area of 480 m 2 (5,166.8 ft2), minimum lot depth of 32 m (105 ft), front yard depth of 7.5 m (24.6 ft), rear yard depth of 12 m (39.3 ft), and interior side yard width of 3 m (9.8 ft) on one side and 1.2 m (3.9 ft) on the other. It is noted that the present lot area, lot depth, front yard depth, rear yard depth, and interior side yard width are considered to be legal non-complying. Section 5.21 of the Town Zoning By-Law provides that any building or structure which lawfully existed as of the date of the passing of the Zoning By-Law (2008), shall be deemed to comply with the relevant provisions of the Zoning By-Law pertaining to setbacks from a street line, yards and lot coverage, provided that no portion of any such building or structure encroaches on any abutting road allowance or lot. Extensions or additions to any such building or structure shall be subject to the provisions of Section 5.21.7. Section 5.21.7 permits extensions or additions to non-conforming buildings or structures if they do not further contravene any residential zone provision contained within the Zoning By-Law. The applicant has provided a Surveyor’s Real Property Report, which indicates that the dwelling currently has a rear yard depth of 3.91 m (12.8 ft). The proposed addition will result in a further reduced rear yard depth of 1.77 m (5.8 ft). The purpose of the minimum required rear yard depth provisions is to ensure that there is adequate amenity space for the occupants of the dwelling, adequate space remains for maintenance of the dwelling, and accommodation of any required drainage swales or easements. In this instance, the proposed rear yard depth will continue to allow for normal building maintenance and open space and staff are of the opinion that the said addition will not significantly impact the provision of private amenity space beyond the current limitations that exist due to the size of the property and extent of the current dwelling . A lot grading plan will be required at time of building permit submission to ensure that any additional run-off will be attenuated onsite, and any existing drainage patterns will not be affected. Planning staff are of the opinion that the requested relief is consistent with the general intent of the Zoning By-Law as the resulting rear yard depth will be appropriate in this situation and will not unduly compromise the ability of the lot to provide space for maintenance and drainage suitable for a low density residential use on an existing developed lot of record. (f) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property, as the proposed relief will facilitate a minor addition to the existing single detached dwelling and adequate amenity space, landscaped open space, and area for drainage will be maintained. For Committee’s information, no comments of concern have been received from any of the neighbouring property owners. Page 89 of 130 File Number: A07-21 Report Number 2021-111 Page 4 In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and can be given favourable consideration. RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A07-21, submitted by Susan Robinson, for lands described as Lot 482, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2 - R1 Zone Provisions - Rear Yard, to reduce the minimum required rear yard depth from 12.5 m (41 ft) to 1.7 m (5.6 ft) to facilitate an addition to the rear of the existing dwelling. Subject to the following conditions: a) That a building permit for the proposed addition be issued within one year of the date of Committee’s Decision; b) That the relief only apply to facilitate an addition at the location and of approximate dimensions as illustrated on Plate 4 of CP Report 2021-111. As the proposed variance is: (i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: “original signed by” Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: “original signed by” Gordon K. Hough, RPP Director Page 90 of 130 March 25, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: A-07/21- Susan Robinson Lot 482 Plan 500, Town of Tillsonburg - 85 Queen Street Queen Street Subject Property Lisgar Avenue Concession Street East Page 91 of 130 March 25, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Queen Street Concession Street East Subject Property Plate 2: 2015 Aerial Map File No: A-07/21- Susan Robinson Lot 482 Plan 500, Town of Tillsonburg - 85 Queen Street Page 92 of 130 LOJ 418 0 0 lf) ci :z: ?,,/) <t: :z: <t: -1 [l r 0 -1 LOJ 488 LOJ -483 LOJ 113c-r) -j'\ .G P.l.N. 00028-0060 0 l() 0 0 I 00 N 0 0 0 ........ l() a.. l() '<!" l() .n ~ ~ ri 5 ~ ~ " w '<!" 0 .n i SIB (1S82) I ;:: ........ . ~ g ~ 'h l() 0 a.. ,,.; ~ a.. .._, z Ol " 0 .j- N IB (727) N 78' 32' 30" E (P4 & M) 14.783 (P4 & M) 4.11 ¥.£ST FACE OF RETAINING WALL 0.34 N o 0.4J E ~ 2 STOREY SIDED DWELLING P.l.N. 00028-0066 0.10M WIOE CONCRETE RETAINING WALL N 78' 32' 30" E (P3, P4, P5 & M) 14.783 (P3, P4, P5 & M) SOUTH FACE OF RETAINING WALL 0.10 N J.38 I 0.47 E PAfl-Y 2j 4 -J fl ~ 5 2 8 -J SOUTH FACE OF RETAINING WALL ON LINE I LOJ 41-4 P.1.N . 00028-0049 P J-\flT -J j 11 -J r~ -.r .r ~ 528-J 90' 24' 00" (P3, PS, & M) N 78' 32' 30" E (P2, P3, PS, & M) 14. 783 (P2, P3, PS, & S) flOAD J-\LLOvV J-\NC.E 8£ -rvv £.EN CONC.ESSJON -J-J AND -J 2 r\ N 0 vV N ;..\ S Co NC .E SS Jo N ST fl .E .E T (20.117M WIDE AS SHOWN ON ORIGINAL TOWNSHIP SURVEY) P.l.N . 00028-0157 IB I I (727) 'i' RIB (727) IB c.0.77 I I _J Co.so ~ ........ '<!" l() CL 0.. '<!" ,.: '<!" a.. l() '"'o N N N '-" l() 0 N h"' a.. ........ '<!" ::ii 00 ~ N 0 L() 00 ........ a... ........ ..; ~ a.. ~ a: '<!" a... .._, ........ " t') a.. a: ~ t') .._, d N u; l() .n Ol t') 0 .._, 00 f ........ l() a.. N (() (() .n t') ........ 2.62 _ r r IB x (727) SIB (10-23) (0.07 E) ........ l() a.. ~ t') a.. Ol " 0 .q: N .._, ........ ~ ~ '<!" a... ..._, N '<!" 0 .q: N r ........ ~ ~ l() a.. ..; a.. ,,.; a.. Ct. ........ ;:: . 0 t') 'h 0 ~ z r r LLl LLl 0::: r U) ........ 0 0 L() ci z z <( ....J a.. (/) <( 0 w 0:: w I- (/) 13 w 0:: z <( ....J a.. (/) w (.!) 0 :::> ...., z 0 z ;:: 0 I (/) (/) <( w 0 :;:: ~ " ~ ~ d N ........ z --., LLl LLl =i CJ iE ~ ~ I l() l() 0 I 00 N 0 0 0 ~ n: ASSOCIATION OF ONTARIO LAND SURVEYORS PLAN SUBMISSION FORM 2163626 THIS PLAN IS NOT VALID UNLESS IT IS AN EMBOSSED ORIGINAL COPY ISSUED BY THE SURVEYOR In -with RegUotlon 1026, SlctJon 29(3) SURVEYORS REAL PROPERTY REPORT PLAN OF PART OF LOT 482 JUDGE'S PLAN REGISTERED AS PLAN No. 500 TOWN OF TILLSONBURG COUNTY OF OXFORD SCALE 1: 200 0 5 10 METRES 15 METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0 .3048 KIM HUSTED SURVEYING LTD. REPORT SUMMARY (TO BE READ IN CONJUNCTION WITH PLAN OF SURVEY) REGISTERED EASEMENTS AND/OR RIGHTS-OF-WAY: NONE REGISTERED ON TITLE COMPLIANCE WITH MUNICIPAL OFFICIAL PLANS AND ZONING BY-LAWS: NOT CERTIFIED BY THIS REPORT ADDITIONAL REMARKS : PROPERTY DESCRIPTION : PART OF LOT 482, JUDGE'S PLAN REGISTERED AS PLAN No. 500, TOWN OF TILLSONBURG , COUNTY OF OXFORD ALL OF PIN 00028-0066 AREA OF LOT = 229.3 SQUARE METERS AREA OF LOT COVERED BY DWELLING = 81.3 SQUARE METERS COVERAGE = 35.5% THIS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FOR SUE ROBINSON AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE BY OTHERS SURVEYOR'S CERTIFICATE I CERTIFY THAT (1) -THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYORS ACT AND THE REGULATIONS MADE UNDER THEM (2) -THIS SURVEY WAS COMPLETED ON THE 11th DAY OF FEBRUA , 2021 . FEBRUARY 17, 2021 DATE THIS REPORT CAN BE UPDATED BY KIM HUSTED SURVEYING LTD. HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WILL BE ISSUED SUBSEQUENT TO THE DA TE OF CERTIFICA TlON NOTES (1) -BEARINGS ARE GRID AND ARE REFERRED TO THE WESTER LY LIMIT OF QUEEN STREET HAVING A BEARING OF N 11' 03' 30" W AS SHOVvN ON JUDGE 'S PLAN REGISTERED AS PLAN No. 500 LEGEND • DENOTES D DENOTES SIB DENOTES IB DENOTES RIB DENOTES !M) DENOTES S) DENOTES P.l.N .) DENOTES 1 S82) DENOTES (10-23) DENOTES (727) DENOTES (P1) DENOTES (P2) DENOTES (P3) (P4) (PS) DENOTES DENOTES DENOTES SURVEY MONUMENT FOUND SURVEY MONUMENT SET STANDARD IRON BAR IRON BAR ROUND IRON BAR MEASURED SET PROPERTY IDENTIFICATION NUMBER KIM HUSTED, OLS TH!!: JS NOT AN ORIGINAL COPY UNLESS EMBOSSED WITH SEAL» SHEET AND MONUMENT NUMBER ORIGINAL WITH PLAN SOO J. F. WESTON, OLS SURVEYOR'S REAL PROPERTY REPORT KIM HUSTED SURVEYING LTD, PROJECT 1S-11666, JULY 27, 2015 BUILDING LOCATION SURVEY COMPLETED BY KIM HUSTED SURVEYING LTD, PROJECT 86-0S3, DATED DEC 12, 1986 REGISTERED PLAN 41R-5261 REGISTERED PLAN 41R-8791 JUDGE'S PLAN REGISTERED AS PLAN No. SOO @ COPYRIGHT 2021 KIM HUSTED SURVEYING LTD. THE REPRODUCTION , AL TERA TION, OR USE OF THIS REPORT IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYING LTD . IS STIRICTL Y PROHIBITED KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, TlLLSONBURG, ONTARIO , N4G 3J8 PHONE: 519-842-3638 FAX: 519-842-3639 PROJECT: 21-16558 REFERENCE: FF8 DISK No. 646 Plate 3: Applicant's Site Plan File No: A-07/21- Susan Robinson Lot 482 Plan 500, Town of Tillsonburg - 85 Queen Street Page 93 of 130 ·I . I . y,.; tf\ 1 f Plate 4: Proposed Addition File No: A-07/21- Susan Robinson Lot 482 Plan 500, Town of Tillsonburg - 85 Queen Street Page 94 of 130 I• " ·"· __ .. "_ -•. , __ ·-· ,, JY 1·_--· !i"'h I =• '""""" ~= U \\Y' __ ,,.,., IJ.J I sun.xmvJG DEP~: , i' I!) 1 l')/jf/ l 7 2021 FORM 1 I . - · Bfiilding, By-La PLANNING ACT, 1990 I Blf.:,.___ lj'lanning Servi APPLICATION FOR MINOR VARIANCE Ofi"l"ERMfS'SIO!St:::::::::::..~o Lisgar Aven Town of Tillsonburg Committee of Adjustment Tillsonburg Fee $1, 150.00 ($2,200.00 -See Note 1 -Page 4) N4G 5 I For Office Use Only PIN#: I ROLL#: I FILE: A 01=::1\,__ The undersigned hereby applied to the Committee of Adjustment for the Town of Tillsonburg under Section 44 of the Planning Act. 1990, for relief, as described in this application form By-Law No. 3295 (as amended). Name and Address of Owner Name and Address of Applicant/Agent (if applicable) ~.s Vt llLlf>ONP>\Ll Gr l~'ftb?:> P:?l2ow.v$,J/<_Le~ ,e/)_ Postal Code: Tele hone Number: Postal Code: e.-------'-"-. ±L"l 3 j-) .;1.---5,?. { 3 7 "l Email: 'So0Ad2ieo 'con. Email: <"Fr' .. teutsfy "'/@.<f_,wfq ; t· Co....,, I 1. Name and addresses of any mortgagees, holders of charges or other encumbranc'is: C:..I 13c_ ~ o 81?.,.,AQ ~A-y 2. Nature and extent of relief applied for: To be completed by the applicant. (include By-Law Section if know 11 ( 54j&. g,-frlrt/Ob? fl.2r m.-.. .• ' gLoe(,_ $f-trU ,--4 Rt::LIE:r OF $ec.-b,,';z ,,z, 2orv£ PR2vr21ou-;, ·n B&v1oc A I For office use only 3. Why is it not possible to comply with the Provision of the By-Law? 5 i+Af'E-o ( :'.l 1 -::z..€ of E)c 1 ".iTtiY 4 1....e»f ± t= Xt1>Ttu~ bl-iJ ''~"° 4. Legal Description of Subject land: Lot Number(s) __ 1+~~~~·-________ Plan Number or Concession ~5D~· ·~o ____ _ Part Number(s) Reference Plan Number ________ _ Street Address (if any) _9_5_Q_tA._t:_-_£_tf.,__ ___________________ _ The lot is located on the w'£51 side of the Street lying between f I 12..S--C Street and _,C""...o....x"'-"'=-· .-@~.., ... :S"'"<'-'O..LL'N.._ ___ Street w & ces ue ON A7 ~ n) Page 95 of 130 5. Dimensions of land affected: . J _, / Frontage __ ~5~· 1___,f:l~ ______ Depth (average) __ '-LR~~-~':>~'--------- Area :J Qq, Q si M 6~-1<,"). Width of Street-------------- 6. Particulars of all buildings and structures on or proposed for the subject land: (specify ground floor area, gross floor area, number of stories, width, length, height, etc.) Existing: Ji It 3' f'-1€TEfl:S-Cb<Wv..N o F• OO!? M@ 7. Location of all buildings and structures on or proposed for the subject land: (specify distance from side, rear and front lot lines as well as lot coverage.) Please include a copy of a survey with all measurements. A copy of a survey/ site plan prepared by an Ontario Land Surveyor or Consulting Engineer must accompany this application with all necessary measurements. Existing: 'f. 5 (t:o.-1 ~~-~ ~~~=! P~~ L~ :fit L/. II Fe.,1--1~ o /vi~~:;, € (j)Aq.r__\JARo) Proposed: 'f« -5' PR.on f...lou.:S F "tQ >oc..crtt Pio/J. L!WE. I ,qi fre.oK /,J.rtlJ__-$t;:: +o /,,,>1::"-:?"C(/l112P Ll4 J€ <'.13e-cie. '{~ 8. Date of acquisition of subject land: --1-f5..:e,.i?)_,_.,;G),.· -7.<...+;---''..,>W"""'O::....il~------------- 9. Date of Construction of all buildings and structures on subject land (if known): _.._I q""'-"'3:.Co"------ IO. Existing uses of the subject property _ _.,,((..::E"'~""-"-1.,.0,_,~=--oi<..<...L«=r\:r;;·.._c~------------ 11. Existing uses of abutting properties: ~R~tc~· c-3~1~0: ..... n"'""'"'"'-' f'i "'r"'F',__~-------------- 12. Length of time the existing uses of the subject property have continued: 13. Municipal Services available (please check all appropriate boxes) ~Water [a'"Connected c::i' Sanitary Sewers [£! Connected ~ Storm Sewers ->I • Page 96 of 130 14. Present Official Plan Provisions applying to the land: Lo v.-r· fJCb? '$ r-cv Ec5 15. Present Zoning by-Law provisions applying to the land:_.!.::!___..!. _____________ _ 16. Has the owner previously applied for relief in respect of the subject property? 0Yes ~o If the answer is yes, describe briefly _________________________ _ 17. Is the subject property the subject of a current application for consent under Section 53 of the Planning Act, 1990? 0Yes 02t'No THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR T,,G AFFIDAVITS ::Jf/£ ;5o8;AJ 5CJI{/ of the ~UJ;/ of f/ J..L-56AJ /JJI ~ 9 I/We In the [oQ/t/f'j of O;/f'OJ/) DO SOLEMNLY DELCIARE THAT: All of the prescribed information contained in the is application is true and that the information contained in the documents that may accompany this application is true and I make the solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath by virtue of the Canada Evidence Act. DECLARED before me at the 1. w'f! A": Of_~'~· l~li=v.J~h~v:~rjt-----------in the Owner(s)/ Applicant C•vfll ,f This __ /(_.f._n __ day of ___ l!{~q_(_1 ~-~-~_Or.\~J _ A Commissioner for Taking affidavits For Office use Only Owner(s)/Applicant JANET PATRICIA WEAVER a Commissioner, etc., Province of Ontario for the Corporation of the Town of TIHsonbtJrg.' Expires: Apnt 22, 2023. Page 97 of 130 AUTHORIZATION NOTE: The property owner or the authorized agent must complete the application. Where an agent is making the application, the written authorization of the owner must be completed below. If the application is being made under an agreement of purchase and sale, a copy of the agreement must be attached and will remain confidential. Authorization of Owner(s) for Applicant/Agent to Make the Application I/We, .S [}5 fll<f /{ tJ BIA! 5 tJ A} , am/are the owner(s) of the land that is the subject of this application for site plan and I/we authorize _________ , to make this application on my/our behalf. Signature of Owner(s) /(/~I/ ,2021 Signature of Owner(s) , DATED Notes: 1. It is required that one original copy of this application and all drawings be filed at the Town's Customer Service Centre, accompanied by a fee of $1, 150.00 cash of cheque made payable to the Town of Tillsonburg. This amount includes the Town's $1,050.00 fee, as well as the County's $100.00 public works review fee. Applications after the fact cost a total of $2,200.00, including the Town's $2, 100.00 fee and the County's $100.00 public works review fee. Page 98 of 130 LOJ 418 0 0 lf) ci :z: ?,,/) <t: :z: <t: -1 [l r 0 -1 LOJ 488 LOJ -483 LOJ 113c-r) -j'\ .G P.l.N. 00028-0060 0 l() 0 0 I 00 N 0 0 0 ........ l() a.. l() '<!" l() .n ~ ~ ri 5 ~ ~ " w '<!" 0 .n i SIB (1S82) I ;:: ........ . ~ g ~ 'h l() 0 a.. ,,.; ~ a.. .._, z Ol " 0 .j- N IB (727) N 78' 32' 30" E (P4 & M) 14.783 (P4 & M) 4.11 ¥.£ST FACE OF RETAINING WALL 0.34 N o 0.4J E ~ 2 STOREY SIDED DWELLING P.l.N. 00028-0066 0.10M WIOE CONCRETE RETAINING WALL N 78' 32' 30" E (P3, P4, P5 & M) 14.783 (P3, P4, P5 & M) SOUTH FACE OF RETAINING WALL 0.10 N J.38 I 0.47 E PAfl-Y 2j 4 -J fl ~ 5 2 8 -J SOUTH FACE OF RETAINING WALL ON LINE I LOJ 41-4 P.1.N . 00028-0049 P J-\flT -J j 11 -J r~ -.r .r ~ 528-J 90' 24' 00" (P3, PS, & M) N 78' 32' 30" E (P2, P3, PS, & M) 14. 783 (P2, P3, PS, & S) flOAD J-\LLOvV J-\NC.E 8£ -rvv £.EN CONC.ESSJON -J-J AND -J 2 r\ N 0 vV N ;..\ S Co NC .E SS Jo N ST fl .E .E T (20.117M WIDE AS SHOWN ON ORIGINAL TOWNSHIP SURVEY) P.l.N . 00028-0157 IB I I (727) 'i' RIB (727) IB c.0.77 I I _J Co.so ~ ........ '<!" l() CL 0.. '<!" ,.: '<!" a.. l() '"'o N N N '-" l() 0 N h"' a.. ........ '<!" ::ii 00 ~ N 0 L() 00 ........ a... ........ ..; ~ a.. ~ a: '<!" a... .._, ........ " t') a.. a: ~ t') .._, d N u; l() .n Ol t') 0 .._, 00 f ........ l() a.. N (() (() .n t') ........ 2.62 _ r r IB x (727) SIB (10-23) (0.07 E) ........ l() a.. ~ t') a.. Ol " 0 .q: N .._, ........ ~ ~ '<!" a... ..._, N '<!" 0 .q: N r ........ ~ ~ l() a.. ..; a.. ,,.; a.. Ct. ........ ;:: . 0 t') 'h 0 ~ z r r LLl LLl 0::: r U) ........ 0 0 L() ci z z <( ....J a.. (/) <( 0 w 0:: w I- (/) 13 w 0:: z <( ....J a.. (/) w (.!) 0 :::> ...., z 0 z ;:: 0 I (/) (/) <( w 0 :;:: ~ " ~ ~ d N ........ z --., LLl LLl =i CJ iE ~ ~ I l() l() 0 I 00 N 0 0 0 ~ n: ASSOCIATION OF ONTARIO LAND SURVEYORS PLAN SUBMISSION FORM 2163626 THIS PLAN IS NOT VALID UNLESS IT IS AN EMBOSSED ORIGINAL COPY ISSUED BY THE SURVEYOR In -with RegUotlon 1026, SlctJon 29(3) SURVEYORS REAL PROPERTY REPORT PLAN OF PART OF LOT 482 JUDGE'S PLAN REGISTERED AS PLAN No. 500 TOWN OF TILLSONBURG COUNTY OF OXFORD SCALE 1: 200 0 5 10 METRES 15 METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0 .3048 KIM HUSTED SURVEYING LTD. REPORT SUMMARY (TO BE READ IN CONJUNCTION WITH PLAN OF SURVEY) REGISTERED EASEMENTS AND/OR RIGHTS-OF-WAY: NONE REGISTERED ON TITLE COMPLIANCE WITH MUNICIPAL OFFICIAL PLANS AND ZONING BY-LAWS: NOT CERTIFIED BY THIS REPORT ADDITIONAL REMARKS : PROPERTY DESCRIPTION : PART OF LOT 482, JUDGE'S PLAN REGISTERED AS PLAN No. 500, TOWN OF TILLSONBURG , COUNTY OF OXFORD ALL OF PIN 00028-0066 AREA OF LOT = 229.3 SQUARE METERS AREA OF LOT COVERED BY DWELLING = 81.3 SQUARE METERS COVERAGE = 35.5% THIS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FOR SUE ROBINSON AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE BY OTHERS SURVEYOR'S CERTIFICATE I CERTIFY THAT (1) -THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYORS ACT AND THE REGULATIONS MADE UNDER THEM (2) -THIS SURVEY WAS COMPLETED ON THE 11th DAY OF FEBRUA , 2021 . FEBRUARY 17, 2021 DATE THIS REPORT CAN BE UPDATED BY KIM HUSTED SURVEYING LTD. HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WILL BE ISSUED SUBSEQUENT TO THE DA TE OF CERTIFICA TlON NOTES (1) -BEARINGS ARE GRID AND ARE REFERRED TO THE WESTER LY LIMIT OF QUEEN STREET HAVING A BEARING OF N 11' 03' 30" W AS SHOVvN ON JUDGE 'S PLAN REGISTERED AS PLAN No. 500 LEGEND • DENOTES D DENOTES SIB DENOTES IB DENOTES RIB DENOTES !M) DENOTES S) DENOTES P.l.N .) DENOTES 1 S82) DENOTES (10-23) DENOTES (727) DENOTES (P1) DENOTES (P2) DENOTES (P3) (P4) (PS) DENOTES DENOTES DENOTES SURVEY MONUMENT FOUND SURVEY MONUMENT SET STANDARD IRON BAR IRON BAR ROUND IRON BAR MEASURED SET PROPERTY IDENTIFICATION NUMBER KIM HUSTED, OLS TH!!: JS NOT AN ORIGINAL COPY UNLESS EMBOSSED WITH SEAL» SHEET AND MONUMENT NUMBER ORIGINAL WITH PLAN SOO J. F. WESTON, OLS SURVEYOR'S REAL PROPERTY REPORT KIM HUSTED SURVEYING LTD, PROJECT 1S-11666, JULY 27, 2015 BUILDING LOCATION SURVEY COMPLETED BY KIM HUSTED SURVEYING LTD, PROJECT 86-0S3, DATED DEC 12, 1986 REGISTERED PLAN 41R-5261 REGISTERED PLAN 41R-8791 JUDGE'S PLAN REGISTERED AS PLAN No. SOO @ COPYRIGHT 2021 KIM HUSTED SURVEYING LTD. THE REPRODUCTION , AL TERA TION, OR USE OF THIS REPORT IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYING LTD . IS STIRICTL Y PROHIBITED KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, TlLLSONBURG, ONTARIO , N4G 3J8 PHONE: 519-842-3638 FAX: 519-842-3639 PROJECT: 21-16558 REFERENCE: FF8 DISK No. 646 Page 99 of 130 ·I . I . y,.; tf\ 1 f Page 100 of 130 \ 1(\c:W o~t-0 pffr i-1, Page 101 of 130 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A08-21 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: April 19, 2021 REPORT NUMBER: 2021-112 OWNER/ APPLICANT: Grassmere Construction Limited 49 North Street East, Tillsonburg ON N4G 1B4 REQUESTED VARIANCE: 1. Relief from Section 14.2 – SC Zone Provisions - Interior Side Yard, to reduce the minimum required interior side yard width from 4.5 m (14.7 ft) to 2.6 m (8.5 ft) to facilitate the construction of a new office building for a contractor’s yard business. LOCATION: The subject lands are legally described as Lot 1, Plan 1033, Town of Tillsonburg. The lands are located on the south side of North Street East, between Vance Drive and Falcon Road, and are municipally known as 49 North Street East in the Town of Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Service Commercial TOWN OF TILLSONBURG ZONING BY-LAW : Service Commercial Zone (SC) SURROUNDING USES: Surrounding land uses include primarily low density residential development to the north and east, with an industrial mall to the west, sewage pumping station to the east, and the Trans Canada Trail to the south. Page 102 of 130 File Number: A08-21 Report Number 2021-112 Page 2 COMMENTS: (a) Purpose of the Application: The applicant is requesting relief from the above noted provision of the Town Zoning By-law to allow for the replacement of an existing office building with a new office building that has an increased interior side yard width, but does not meet the requirements of the SC Zone. The subject property and office building have historically been used as a contractor’s yard, but are zoned for service commercial uses in the Zoning By-law. The subject lands contain an office building, storage building, and area for construction equipment and materials, and have an approximate area of 5727.55 m2 (1.4 ac). Plate 1, Location Map with Existing Zoning, depicts an aerial view of the property, location, and the zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, is an aerial view of the property as it existed in 2015. Plate 3, Applicant’s Site Plan, depicts the proposed development. (b) Agency Comments: The application was circulated to a number of public agencies. The Town Building Department indicated that a site plan amendment will be required to amend the approved site plan (TSPC 7- 53) to reflect the proposed new office development. Oxford County Public Works Department indicated that a road widening along North Street East will be required through the site plan process. (c) Public Consultation: Public Notice was provided to surrounding property owners on April 8, 2021 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (d) Intent and Purpose of the Official Plan: The subject lands are designated ‘Service Commercial’ according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial uses will have access to an arterial or collector road. New uses permitted within the Service Commercial designation include commercial recreational establishments, automotive service stations, gas bars, car wash facilities, retail sales of automotive supplies, automated teller machines or kiosks, tourist information outlets or kiosks, Page 103 of 130 File Number: A08-21 Report Number 2021-112 Page 3 hotel, motels, automotive services, automotive dealerships, building supply outlets and hardware stores, nurseries and garden centres, animal hospitals and boarding kennels, assembly halls and private clubs, personal services, convenience commercial uses, retail food stores, recreation and entertainment uses, restaurants, uses which require large areas for on-site storage of goods or vehicles and other types of commercial uses that offer service to the travelling public, business and industry. Section 10.3.5 (Zoning By-law and Non-Conforming Uses) of the Official Plan states that the Committee of Adjustment may permit the extension, enlargement or change of use of a legally established land use that does not conform to the Official Plan and the local area municipal Zoning By-law. In evaluating such applications, the Committee shall consider the following criteria:  the use has been continuous from the day the Zoning By-law came into effect;  there will be no extension of the site or building beyond the limits of land owned and used from the effective date of the By-law;  permission for the extension, enlargement or change in the non-conforming use is in keeping with the general intent of the Official Plan and will not aggravate those aspects of the use that do not conform to the Official Plan or Zoning By-law;  that existing municipal services such as water, sewers, stormwater management facilities and roads will be adequate;  that there are adequate parking and loading facilities to accommodate the proposed use;  that the proposed extension, enlargement or change in use would include measures to reduce nuisances, protect adjacent properties and improve the compatibility of the use with surrounding areas; and,  that the extension, enlargement or change in use is necessary to avoid undue hardship on the applicant, provided that all other criteria have been met, there are not negative effects on environmental resources and the proposed use is more compatible than the existing use relative to the relevant Official Plan policies. Planning staff are satisfied that this application complies with the criteria outlined in Section 10.3.5 of the Official Plan. Staff are satisfied that as contractor’s yard business on the subject lands was established in approximately 1998 in accordance with the previous General Industrial Zoning (prior to the implementation of the current Zoning By-law), and the use of the property for a contractor’s yard business has continued since that time. The proposal will also be subject to the site plan approval process where matters such as drainage and grading, servicing, access, parking and landscaping will be addressed to the satisfaction of the Town and County. As the proposed development will be located wholly within the limits of the subject lands, and approval of the applicant’s request will not further impede the ability of the subject lands to redevelop for a use that is more in-keeping with the policy direction of the Official Plan (in this case for service commercial purposes), the proposal is in keeping with the intent of the Official Plan. (e) Intent and Purpose of the Zoning By-law: The subject lands are designated as Service Commercial, and are zoned as ‘Service Commercial Zone (SC)’ in the Town Zoning By-law. Page 104 of 130 File Number: A08-21 Report Number 2021-112 Page 4 The purpose of the minimum required interior side yard provision is to ensure that adequate space remains for maintenance any buildings or structures and accommodation of any required drainage swales or easements. In this instance, the proposed interior side yard width will continue to allow for normal building maintenance and staff note that the proposed office building will have a greater interior side yard width (2.6 m (8.5 ft)) than what presently exists (1.7 m (5.5 ft)). A site plan amendment and approved lot grading plan will be required to ensure that any additional run-off will be attenuated onsite, and any existing drainage patterns will not be affected. Given this, staff are of the opinion that the application is consistent with the general intent and purpose of the Zoning By-Law. (f) Desirable Development/Use: Although the use of the lands is not permitted within the SC zone, the use of the lands for a contractor’s yard is legal non-conforming and is considered a compatible use with surrounding development. The removal of the existing office building and replacement with a larger building with a greater interior side yard width can be considered desirable as it will allow the contractor’s yard to accommodate potential expansion of staff and provide a more modern office for customers and staff. The reduced setback will still allow for normal building maintenance and open space for drainage swales. In light of the foregoing, it is the opinion of this Office that the applicant’s proposal can be given favourable consideration. Page 105 of 130 File Number: A08-21 Report Number 2021-112 Page 5 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A08-21, submitted by Grassmere Construction Limited, for lands described Lot 1, Plan 1033, Town of Tillsonburg, as it relates to: 1. Relief from Section 14.2 – SC Zone Provisions - Interior Side Yard, to reduce the minimum required interior side yard width from 4.5 m (14.7 ft) to 2.6 m (8.5 ft) to facilitate the construction of a new office building for a contractor’s yard business. Subject to the following conditions: i. The minimum interior side yard setback of 2.6 m (8.5 ft) shall apply between the proposed office building and the easterly interior lot line. ii. Approval is subject to an approved amendment to Site Plan File TSPC 7-53. As the proposed variance is: (i) a minor variance from the provisions of the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: “original signed by” Eric Gilbert, MCIP, RPP Senior Planner Approved for submission by: “original signed by” Gordon K. Hough, RPP Director Page 106 of 130 March 25, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 2050 Notes NAD_1983_UTM_Zone_17N 102 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: A-08/21- Grassmere Construction Limited Lot 1, Plan 1033, Town of Tillsonburg - 49 North Street East North Street East Subject Property Page 107 of 130 March 25, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: 2015 Aerial Map File No: A-08/21- Grassmere Construction Limited Lot 1, Plan 1033, Town of Tillsonburg - 49 North Street East North Street East Subject Property Page 108 of 130 GENmAL,, EBQSIQN AND sm1yoo CONJBOL NQIES• 1. UY..ESS OTHERWISE INDICATED, ALL VECErATNE AND STRUCTURAL EROSION AtE SEDIMENT CONTROL PRACTICE WILL BE CONSTRUCTED AND MAINTAINED ACCORDING TO WINNJW ~DAADS AND DIRECTION Of T1£ TOWN OF Tl.LSONBURG ik COUNTY. 2. AU. EROSION AND SEDlllENT CONTROL. MEASURES ARE TO BE Pl.ACED PRIOR TO OR AS 'THE RRST STEP IN CL.EARING. .l. SILT FENCE MO PER OPSD 219.130 4. THE CON'l'RACTCft IS RESPONSIBLE FOR INSTAl..lATION OF IWf ADDITIOIW. EROSION CONTROL MEASURES NECESSARY TO PREVENT EROSION AND SEDIMENTA110N AS DETERMINED B't THE CnY. ~-AU. DISTURBED l#E>S ME. TO DRAIN TO APPROVED SEDIMENT CONTROL MEASURES AT ALL TllES DURING L»ID OISTURBING ACTl\lfTIES AND DURING Sflt DEVELOPMENT UNTIL FllW. sr.tBIUZATlON IS ACHIEVED. 6. ALL EROSION CONTROL DEVICES ARE TO BE INSPECTED AND MAWTAINED WEEl<LY AND AFTER EACH RAINFALL 7. All AAEAS OF WOAk WHICH WILL REW.IN DISTURSm FOR A PERIOD OF THIRTY DAYS OR WORE MUST BE STABILIZED TO THE SATISFACTION Cf' T1£ TOWN & COUNTY. 8. ALL WiTERIAL STOCICPl..ES ARE TO EE LOCATED WITH..i THE BOUNDAR'I" OF THE ..iDICATED SLT FENCE. ADDIT10NAI... SLT FENCE IS TO BE ERECTED AROUPll ANf PROPOSED STOCKPILES. 9. CATCH BASINS TO HAVE SILT TitAPS INSTALLEO FOR T1£ DURATION OF CONSTRUCTION. REFERENCE DET"AIL 2 ON SP1. \ \ I SILT fENCE: NQIES• 1. SILT FENCE SHALL GENERAU.Y BE PL.ACED A MINIMUM OF 1.!5rn BEYOlfJ TOE OF SLOPE. 3rn PREFERRED, TO PRO'VIDE ~EQUATE ARE:A FOR SEDIMENT STORAGE NID FACILITATE MAINTENANCE OF SEDIMENT CONTAIJIAi!ENT ARE:A. 2. ALL ENDS SHALL BE • J• HOOKED TO TIW' SEDIMENT. 3. IN ARE'AS WITH 1WO SLOPES, SILT FENCE SHALL BE USED TO ERECT A DAM AND 1RAP SEDIMENT AT TI-IE BASE OF THE STEEPER SLOPE. 4. THE BOTTOM EDGE OF SILT FENCE stW..l.. BE BURIED A MINIMUM OF 1?!Clmrn BELOW GROUND. AfllJ KEYED IN 100mm. THE FENCE SHAl.1 BE INSTALLED WITH THE POSTS ON THE DOWNSTREAM SIJE OF THE FABRIC. MAXIMUM DRAINAGE AREA TRIBUTARY TO .lOm OF SILT FENCE SHALL BE 0.1 ha. 5. SILT FENCE SHALL BE REMOVED WHEN THE ARE:A HAS BEEN STABILIZED. 6. AT TIME OF REMOVAi... OF Tt£ SILT FENCE, THE DISTURBED ARE'A Stw.l. BE REPAIRED AND STABILIZED. 7. ME:ASURES SW.U. BE INSPECTED EVERY SEVEN (7) CALENDAR DAYS AND WITHIN 24 HOURS OF A STORM E'vENT GREAT ENOUGH TO CAUSE WATER TO LEAVE THE CONSTRUCTION SITE. 8. ME:ASURES SH.I.LL BE CLEANED NID REPAIRED AS NEEDED. SEDIMENT stW..l.. BE REMO't"ED WHEN ACCUMULATION RE"Aa-IES ONE-HAL.f OF THE MEASURE HEIGHT. SEDIMENT SHALL BE DISPOSED OF /IS UNSUITABLE MATERIAL 9. SILT FENCE SHALL BE INSTALLED ON A UNE OF EQUAL ELEVATION (CONTOUR). IT Wt.Y BE INSTALLED AT INTERMEDIATE POINTS UP SL.OPES /IS Will. /IS AT THE BOTTOM, IS SHOWN IN THE DErAI... 10. SLT FENCE SHALL NOT BE USED ACROSS CONCENTRATED FLOW. \I\ ' 1J; \ --\ I \ ZONING TABLE *ZONING -SG ITEM REQUIRED PROVIDED LOT AREA 900m2 MIN. 5,688m2 FRONTAGE 20m MIN. 27.43m FRONT YARD 20.Sm MIN (FROM CENTER LINE) 22.lm SIDE YARD WEST 4.5m MIN. 8.57m SIDE YARD EAST 4.5m MIN. 2.6m REAR YARD 7.5m MIN. 112m LANDSCAPED OPEN SPACE NO REQUIREMENT 7,100m2 LOT COVERAGE 40% 9.3% (529m2) BUILDING HEIGHT 11 m <11 m WAREHOUSE: VINV241.54 -' ?, ... 'l,· 1 SPACE PER 185m2 = 3 OFFICE: PARKING 19 (INCLUDING ONE H/C PS) 1 SPACE PER 20m2 = 15 M C ENGINEERING A DIVISION OF' 392583 ALTA. LTD. llJJ.l I 1 OUTLINE OF EX OFFlCE BLDG {19Bm2 TO BE REMOVED) KEY PLAN SHOWING NfS I '" ' t OUTLINE OF EX PORTABLE BLDG (66m2 TO BE REMOVED) ,/f t PROPERTY LIMITS \ \ \ \ \\\\\\\ I ·' x . \ x STORMWATER MANAGEMENT THERE IS NO PROPOSED INCREASE IN IMPERVIOUS LOT COVERAGE. RUNOFF Will. NOT INCREASE. THE EXISTING DRAINAGE PATIERN IS TO REMAIN. NO IMPACTS TO MUNICIPAL OR ADJACENT PRIVATE PROPER1Y ARE ANTICIPATED. NO STORM WATER MANAGEMENT CONTROLS ARE PROPOSED. LEGEND ------- . 1243.001 GENERAL NOTES 1. PRIMARY UNITS ARE METRIC. DIMENSIONS ARE METERS. PROPER1Y LINE EXISTING DITCH OVERLAND DRAINAGE ROUTE EXISTING GRADE ELEVATION (AND DESCRIPTION) PROPOSED GRADE ELEVATION 2. REQUIRED SERVICES & SERVICE CONNECTIONS NOT SHOWN ON DRAWING TO BE THE RESPONSIBILITY OF THE CONTRACTOR/OWNER. 3. EXACT SIZES, LOCATIONS & ELEVATIONS OF ALL EXISTING SERVICES (FIBER OPTIC, WATER, GAS, BELL, ETC.) ARE TO BE VERIFIED BY CONTRACTOR PRIOR TO COMMENCEMENT OF ANY SITEWORK. 4. ANY FILL PLACED ON SITE MUST BE COMPACTED TO TO A MIN. 98% STANDARD PROCTOR DENSl1Y. 5. EXISTING TOPOGRAPHY TO REMAIN UNLESS OTHERWISE NOTED. 6. ANY DISCREPANCY(S) BETWEEN INFORMATION ON THIS SITE DRAWING AND ACTUAL FIELD CONDITIONS, WHICH MAY IMPACT ON THE PROPOSED DEVELOPMENT, ARE TO BE REPORTED TO THE SENIOR CONSULTANT / P.ENG. 7. EXACT LOCATION / SIZE OF ADDITIONAL LANDSCAPING AREAS BY OWNER. 8. EXTERNAL LIGHTING: THERE ARE NO PROPOSED NEW FREESTANDING LIGHTS (WALL PACKS ONLY). ARRAY DIRECTIONS NOT TO SHINE TOWARDS THE ROAD ALLOWANCE OR TOWARDS ADJACENT PROPERTIES. 9. GEODEDIC BENCHMARK IS TOP OF LID OF EXISTING STORM MANHOLE ON STREET, ELEV. 242. 77m (AS INDICATIED) 9. ASPHALT SPECIFICATION: 40mm HL3 / 50mm HLB OVER 150mm GRAN. A / 300mm GRAN. B 11. PARKING SPACE DIMENSIONS: -PARKING SPACES DRAWN TO SCALE AT 2.Bm x 5.Bm -BARRIER FREE PARKING SPACES DRAWN TO SCALE AT 4m x 6m -20 SPACES PROVIDED INCLUDING ONE BARRIER FREE. lHE FtlWllNl llRAllllGS NII t«JIIS TO BE CONSIDERED IS PAR!' Of 1HE CONSIRIJCIDl DRAWINGS: -INY DISCREPANCY BEIWEEN lHIS DRAWN: NII ACll.W.. FIELD cntllllDIS WHQt IMY llll¥CI' WORK IS TO BE REPIMIED TO It C ENGINEERING PRIOR TO COlllENCEllENT Of MlRK. -allENSOlS ._ MEIRIC 2 ISSUED FOR SPA MARCH 10 2021 RM ISSUED FOR REVIEW FEB 16 2021 RM 0 ISSUED FOR REVIEW JAN 13 2020 RM DESa!IPTION °"TE BY DO NOT SCALE DMWINGS; lHESE llRAWllGS SHU# INIOO Of 1HE DESIGN Oll.Y Ill EXISlltG cotDllONS ANl MAY NOT REFLECr EX/Cf LOCATIONS. PROJECT NORTH IM' 'V I /..!:d.J II C DIG1NliiiRDIG P.O. Box 1002. Simcoe, Ont. N3Y 5B3 T~: 519-428-6790 Fox: 519-426-6960 E-mail: moilCJmcenglneerlng.net A Dl"1~0N OF 392583 ALBERTA LTD. PROJECT NAME SITE PLAN FOR GRASSMERE CONSTRUCTION #49 NORTH STREIT EAST, TILLSONBURG ONTARIO SHEET TITLE SITE PlAN SCALE 1 :250 METRIC PROJECT NO. DRAWN BY R UORRISON 7222 CHECKED BY M.E.M. DWG. NO. REV. NO. 2 SP1 DATE JAN 2021 FlLE NAME 7222 Plate 3: Applicant's Site Plan File No: A-08/21- Grassmere Construction Limited Lot 1, Plan 1033, Town of Tillsonburg - 49 North Street EastPage 109 of 130 I For Office Use Only PIN#; FORM 1 PLANNING ACT , 1990 AP?LICA "tJON FOR MINOR VARIANCE OR PERMISSION T Qwn of Tillson burg Comrnltiee <;if Adjustment Fee $'1, 150.00 ($2,200.00 -See Note 1 -Page 4) I RQLL#: I F;ILE : Bµilding , By-Law & Planning Services iOlisgar Avenue TillsonbUrg ON. N4G5A7 The ·Undersigned hereby applied to the Committee of Adjustment for the Town of Till$onbu1g under Section 44 of the Plann1nq Act 1990, for reliel, as described in this aJ)plicatlon formBy'Law No. 3295 {as amended}. J.(ame artd Addres6 of Ow11w N'.amo a11d .Ad~ss of A .Grassmere Construction Ltd same as Owner N'IG 184 519·842 -4392 ext·234' Email:hsinke@grassmere ,com Eifrna11:· I Name ?ind addresses o~~ny mortgage-es, holders .of ctfarges"orotherencumbrances · ·t Nel1:1re and extent of relief applied for: To be ·complgted by 1he applicant. {include By-Law ·section if known} Relief on Sideyard Setback on EastSide of 2 9m t4 5m Required , 2.6rn Pro1JOsed}. J . Why is it not poasible to comply with the ProvisJon oi the By-Law? The current ~etback of ·the existing Bu ~ding being demolished ls +/-1 .7m~ This would have beeo pe1·mittet1 as. a "pre-existing condition" if we bllllt on the same f~otprlrfL Although we are exp.andir'lg tl\e new Office motprini , we· are requesting the similar relie-f. 4, L~~I Deserir>tion Of Su!Jject laoi:J Lot Number(s),_i:__ ___________ Plan N1o1mt»ir or Concession _1_0_3_:3 ____ _ Part Numbef(s). ____________ Refer6llce Plan Numbef ________ _ Street Address (if any) _4..:;9_N-'o'-rt"-Ji-'S-'t.-'E"'"a.;..;s.:..t ------------------ The 101 is fol;Ciled on · tl'le South side-of the Street 1yi'lg between. Broadway Street arid Simcoe Street · Page 110 of 130 < Oimens1011s ot land affed~. oimtri (avet-age) _2_0_7_.39 __________ _ Widtl ) ufSltee( ______________ _ o, Particul ars 6f.a!l l'i!Jildings ant< structµr~ ~·1 (J( pfoposeo Jor the ss.lbje¢t land : (s~l'v 9ro1.1oa fl6Qr i!rea, ·9ror;s 11001• area , numb er of stories, width. 1ength1 heigl1t, etc.) Ellistln~. ----------------------------~- Pl'op osed~---------------------------~ 7 Lo4;atfon cif all ' hulld lngs and structures. on or prope,sed fodhe subject land: (specify distance from side. rear i md 'fn:lnt Jot lines as well.as 'lot coverage.} Please Incl ude a copy ofa suflley With all measurements A copy· of a survey/ site plan prepared ,by; .a n (Ontario Lane! Surveyor or Consulting Engi11ee.r must at.'Comµany· this 1.1pplication with ail neoessary measurements , EXJsfing~ 4Msm Work: Shop/Sto rage BU!ldfng 10 remain 198sm Offi ce Building to be demolished 66srn Portable Building ta be removed Proposerl . 287sm New Offi~ Buildirig 4. @ale of .aaQVisi tion of s4t;jeQf \and ; _1_9_9-'~------------------- i:i. Qate of <Co nslruclliin QI all bu:ildin11s and slNclures on sl.(t>)ect land (ifknowfl): Shos:r 1Q99 10. E.llJsting uses 01 tne .s.ObJect property Commercial Offi &e/eonstrucUoo WorKs hop + St'orage r 1. Existing uses of abutting pt0perties: Residenliat!o East.side: Commercial lo Wesi 1 ·1 W;ingtti tif time the existing uses of lhe subjisci ,s;:rope{fy ·have continued; _30_+=y_e_a _rs _____ _ I~. Mvrticip"'I Serv ic~ 11va11111.11e (please ctieck all <lp pr:opria te t:io~~) [Xi W11ter D Conn11ttetJ Iii 1;l,i11 1t~ry $~\NiefS ,[]I Storm.Sewers 0 Conrlec~"· Page 111 of 130 14 Presen! Offici al Plan Ptoliistons ar>ply!ng, IIl ihe land: ----------------- 15, ?.resent :ZQning by-Law pro vision s applying to the land; _S_G ______________ _ (6 , H<1s.1he O\l'lller preyiol!sly applied for relief'in respect of tl)e subject property? DY es ti the answer is yes, describe briefly------------------------ 17. Is the sobje¢1 proAerty the subject of a cur1erit application lor consent under Section "'53 of the Plannino Act, 1990? 0Ves [iJ No THIS SECTION TO BE COMPLETED IN TH.E PA.ESENC~ OF A COMMISSIONEI\ FQR TA.KING A,FFIQAVJlS 1/we Mlc:h asl J_ Booth olth~ Town or_T_ill'-so_· n""'b_ur-"gO<.... ____ _ tri tlie~-'C'-o_u_nt""y ____ ..cof Ollford I 110 SOlEMN L'f DELCIARf ThAT: An oJ.ille pre>Crlbed inlonna lfon r.ont•lned in·t]le i> app.li.oolfon i• '"'"· ao 11:1\at tte form•lfon coot.in•~ io Ill@ ~o~Ur\l•"t.s lh~l m•v •oco111p•nv 1~1 1 •pplieallo'11$ ll'lie: •nd t r\ialre t~•--iol•mQ tj e<:lar;liof'f·tonstlentiQuitv · <1 ie•in8 i , IQ~ IT1te and knQWina Iha! it i! of llle ~1n10 forto an~ etfH.VOS if rn3lle unde r oath by Yin~o oJtl \e Cal\01.l.a E'/lde~~ /It!. DEGU\REO before meat the lOl.:lN Of Tl\.J....$i:;~e.u.i<G tt:.1.J,r..JI'! QF Oll..i=cRD \Ott-u l<'> 'This (). day of ,.'""-'-~ ForOffiee use Only Ow/ler(s)/Applli:.ant tf Owner(s){AllPlicant Page 112 of 130 GENEJW. EROSION AND sm!MOO CONJBOL NOJES; 1, Utl..ESS OTHERWISE INDICATtD. ALL VEGETATM: AND STRUCTUIW. EROSION Noll SEDIMENT CONTROL PRACllCE 'fi'ILL BE CONSTRUCTED AND "°"NTAINED ACCOROllG TO llllNUJM STifiDMOS ~D DIR_ECTIOM OF THE TrMN OF Tl.lSONBU~ 4: COUNTY; 2. ALL EROSION ANO SEtllilENT COtf1'ROl. MEASURES ME 'TO BE Pl.JCED PRIOR TO OR AS THE FIRST S1EP IN CL.E'ARING. ·3_ SILT FENCE AS PER OPSD 219.130 4. niE CDNTRACTCR LS' RESPONSIBLE F'OR INSTAUATION OF Jiff AOOITIONAL. EROSION CON'IROL lllEASURES NECESSARY TO PftE'llENT EROSION AND SEDIMENTATION AS DETERMINED B'I' THE CITY. a. ALL DISTURBED .ffAS NIE TO DRAtl TO AA'RCNED SEDJllENT CONTROL M[.IBURES AT ALL TJ.IES OlRINQ ~D [ISTIJRBING ACTlVITlES AND DURING SITE DEVELOPMENT UNTIL FINAL STIBIL.IZATION IS ACHIEVED. e. AU EROSION CONTROL DEVICES ARE TO BE INSPECTBl AND MMf'TAINED WEEKLY #ID AFTER EACH IWNFM..L 1. ALL AREAS OF ~ WHICH WILL laWN DISTUl!SEO ~ A PERIOD OF 'THIRTY Dll"YS OR MORE. MUST BE STAEllUZED TO lllE S411SFACTION Of TI£ ~ 4: COUNTY. 8. ALL WiTERIAI... STOCKPl..ES ME TO EE LOCATED WITHIN THE BOUNDl'R'I' OF lHE INDICATED SLT FENCE. ADDITIONAL SLT FENCE IS TO BE ERECTED NroUtll N« .PROPOSED STOCl<PILES. 9. CATCH BASINS TO WNE SILT TIW'5 INSTALLED FOR TI£ OORATION OF COfllSTRUCTION. REFERENCE DETAIL 2 ON 5P1. I SI! I EfNCf NmfS• 1, SILT FENCE StwJ.. GENE:RAL.LY BE PLACED A MINIMUM OF 1.5m BEYOf«> TOE Of SLOPE. Jm PREFERRED, TO PRO\i1DE ADEQUATE AREA FOR SEDIMENT STORAGE AND FACILITATE w.INTENANCE OF SEDIMENT CONTAINMENT AREA. 2. ALL ENDS SHALL BE • J• HOOKED TD TRN' SEDIMENT. J, IN AREAS WITH TWO SL.OPES, SILT FENCE SHAU. BE USED TO ERECT A DAM AND 'TRAP SEDIMENT ,._T niE BASE Of' THE STEEPER SLOPE. 4. niE BOTTOM EDGE OF SILT FENCE SHAU. BE BURIED A MINllllUM Of 150mm BELOW GROUND, Nil kEYED IN 100mm. THE FENCE SHAU. BE INSTALL.ED WITH THE POSTS ON niE DOWNSTREAM SIJE OF THE FABRiC. MAxlMUM DIWNAGE AAr.. TRIBUTAR'I' TO JOm OF SILT FENCE SHALL BE 0.1 ho. 5. SILT FENCE 'Sl-W..l BE REM<N'ED WHEN THE AR£A ~ BEEN STABILIZED. 6. AT TIME OF REMCIVAL OF n£ SILT FENCE. lHE OISTUR,BED AREA Sl-W..L BE REPAIRED ANO STABILIZED. 1. MEASURE'S SHALL BE INSPECT'ED MRY SEVEN (7) CAI.EN~ DAl'S MID WITHIN 24 HOURS OF A STORM EVENT GREAT ENOUGH TO CAUSE WATER TO LEAIJE THE CONSTRUCTION SITE. S. MEASURES Sl-W.L BE CLEANED ANO REPAIRED /lS NEEDED. SEDIMENT SHAU. EE REMOYED WHEN ACCUMULATION RE"AOiES ONE-HAl...f OF THE MEASURE HEIGHT. SEDIMENT SHALL BE DISPOSED OF MO UNSUITABLE ).IATERIAI.... SI. SILT FENCE ·slWJ. BE INSTALLED ON A UN.E OF EQUAL El...£VA.T10N (CONTOUR). IT W..Y BE INSTALLED AT INTERMEDIATE POINTS UP SL.OPES MO WEll IS AT THE 90TTOlll, /IS SHOWN IN 11-IE OETAL 10. SLT FENCE SHALL NOT BE USED ACROSS CONCENlRATED FLOW. Ii \ I - . CONNECT NEW SAN SERVICE Ttl EX 150mm SAN STUB ITEM LOT AREA FRONTAGE FRONT YARD SIDE YARD WEST SIDE YARD EAST REAR YARD LANDSCAPED OPEN SPACE LOT COVERAGE BUILDING HEIGHT PARKING M C ENGINEERING \ \ I I I I \ I I \ I I I I I \ I I I I \\t I "'~ I \ I ,t;f, I _,____.,, I I I I I I I I I I ZONING TABLE *ZONING -SG REQUIRED 900m2 MIN. 20m MIN . 20.5m MIN (FROM CENTER LINE) 4.5m MIN . 4.5m MIN. 7.5m MIN. NO REQUIREMENT 40% 11 m WAREHOUSE: 1 SPACE PER 1B5m2 = 3 OFFICE: f SPACE PER 20m2 •= 15 A DIVISION OF 39258.J .ALTA. LTD. a~ -:=gc:irON t..'1-r? CONFRIED ON ·SITE I PROVIDED 5,688m2. 27.43m 22.lm 8.57m 2.6m 112m 7,100m2 9.3% (529m2) <11 m 19 (INCLUDING ONE H/C PS) --· •• G \)JJ.l I I I OUTLINE OF EX OFFlCE BLDG (19Bm2 TO BE REMOVED) . KEY PLAN SHOWING NTS I '],~':'J t OUTLINE OF EX PORTABLE BLDG {66m2 · TO BE REMOVED) PROPERTY LIMITS \ \ _,,,,,,_. \ \ \ \ \ \ \ \ \ - - - . •;,}r':'J t - I _,,,, ... ,- x \ . STORMWATER MANAGEMENT THERE IS NO PROPOSED INCREASE IN IMPERVIOUS LOT COVERAGE. RUNOFF WILL NOT INCREASE. THE EXISTING DRAINAGE PATIERN IS TO REMAIN. NO IMPACTS TO MUNICIPAL OR ADJACENT PRIVATE PROPERTY ARE ANTICIPATED. NO STORM WATER MANAGEMENT CONTROLS ARE PROPOSED . LEGEND . 1243.001 GENERAL NOTES 1. PRIMARY UNITS ARE METRIC. DIMENSIONS ARE METERS. - PROPERTY LINE EXISTING DITCH OVERLAND DRAINAGE ROUTE EXISTING GRADE ELEVATION (AND DESCRIPTION) PROPOSED GRADE ELEVATION 2 . REQUIRED SERVICES & SERVICE CONNECTIONS NOT SHOWN ON DRAWING TO BE THE RESPONSIBILITY OF THE CONTRACTOR/OWNER. 3 . EXACT SIZES, LOCATIONS & ELEVATIONS OF ALL EXISTING SERVICES (FIBER OPTIC, WATER, GAS, BELL, ETC.) ARE TO BE VERIFIE[) BY CONTRACTOR PRIOR TO COMMENCEMENT OF ANY SITEWORK. 4. ANY FILL PLACED ON SITE MUST BE COMPACTED TO TO A MIN. 98% STANDARD PROCTOR DENSITY. 5 . EXISTING TOPOGRAPHY TO REMAIN UNLESS OTHERWISE NOTED. 6. ANY DISCREPANCY(S) BETWEEN INFORMATION ON THIS SITE DRAWING AND ACTUAL FIELD .CONDITIONS _, WHICH MAY IMPACT ON THE PROPOSED DEVELOPMENT, ARE TO BE REPORTED TO THE SENIOR CONSULTANT / P.ENG. 7. EXACT LOCATION / SIZE OF ADDITIONAL LANDSCAPING AREAS BY OWNER. 8. EXTERNAL LIGHTING: THERE ARE NO PROPOSED NEW FREESTANDING LIGHTS (WALL PACKS ONLY). ARRAY DIRECTIONS NOT TO SHINE TOWARDS THE ROAD ALLOWANCE OR TOWARDS ADJACENT PROPERTIES. 9. GEODEDIC BENCHMARK IS TOP OF LID OF EXISTING STORM MANHOLE ON STREET, ELEV. 242.77m (AS INDICATIED) 9. ASPHALT SPECIFICATION.: 40mm HL3 / 50mm HL8 OVER 150mm GRAN. A / 300mm GRAN. B 11. PARKING SPACE DIMENSIONS : -PARKING SPACES DRAWN TO SCALE AT 2.8m x 5.8m -BARRIER FREE PARKING SPACES DRAWN TO SCALE AT 4m x Sm -20 SPACES PROVIDED INCLUDING ONE BARRIER FREE. - lHE FllWllll«l llRAllftGS Nil t«JIES TO BE CONSIDERED AS PAR!' Of lHE CONSIRUCl10N DRAWINGS: 2 0 ~ DISCREPANCY BEIWEEN lHIS DRAM«l Nil ACll.W. FIELD CDIDITIONS WllCH llAY ll'ACI" WORK IS TO BE HEl'Q(IED TO II C ENCllEERING PRIOR TO COllllENCEllDfT Of MlRK. -DIENSOlS lllf. IERIC ISSUED FOR SPA MARCH 10 2021 RM ISSUED FOR REVIEW FEB 18 2021 RM ISSUED FOR REVIEW JAN 13 2020 RM OES~IPTION DO NClf SCALE DRAWINGS; lHESE llRMlllGS SHaf INTENr Of lHE DESIGN Oll.Y II! ElCIS1ltG COIDllONS Nil llAY NClf REFl£CT EXliCI' l.OCAllONS. ~"ofESSto~ ,f~~% g Z. LAKATOS JB 90267162 PROJECT NORTH 1i' II: C lllRGWG P.O. Box 1002, Simcoe, Ont. NJY 5BJ T~: 519-428-6790 Fax: 519-426-8960 E-mail: moilOncengineering.net- A Dl'll~ON Of J9258J ALBERTA LTD . PROJECT NAME SITE PLAN FOR GRASSMERE CONSTRUCTION #49 NORlH STREIT EAST, TlLLSONBURG ONTARIO SHEEr TITl.E SITE PLAN 1 :250 METRIC PROJECT NO. DRAWN BY R MORRISON 7222 CHECKED BY M.E.M. DWG. NO. REV. NO. 2 SP1 DATE JAN 1021 F11..,E NAh!E 7222 Page 113 of 130 Page 1 of 7 Report No: CP 2021-110 COMMUNITY PLANNING Council Date: April 19, 2021 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community Planning Application for Zone Change ZN 7-21-02 – Marleau & Kitching REPORT HIGHLIGHTS  The application for Zone Change proposes to rezone the subject property from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 1 Zone (R1-sp)’ to facilitate the construction of a detached secondary dwelling unit.  Agency circulation resulted in no concerns with the proposed development.  Planning staff are recommending that the application be supported, as it is consistent with the policies of the Provincial Policy Statement and complies with the relevant policies of the Official Plan respecting intensification and development within Low Density Residential Areas. DISCUSSION Background OWNERS: Randy Marleau, Tereasa Marleau & Robert Kitching 30 Old Vienna Road, Tillsonburg ON N4G 3C4 LOCATION: The subject property is described as Part Block A, Plan 966, Part 3 of 41R-9192, in the Town of Tillsonburg. The lands are located on the east side of Old Vienna Road, between Simcoe Street and Van Street, and are municipally known as 30 Old Vienna Road. COUNTY OF OXFORD OFFICIAL PLAN: Existing: Schedule “T-1” Town of Tillsonburg Land Use Plan Residential & Environmental Protection Schedule “T-2” Town of Tillsonburg Residential Density Low Density Residential Plan Page 114 of 130 Report No: CP 2021-110 COMMUNITY PLANNING Council Date: April 19, 2021 Page 2 of 7 TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential Type 1 Zone (R1) Proposed Zoning: Special Low Density Residential Zone (R1-sp) PROPOSAL: The application for Zone Change proposes to rezone the lands to ‘Special Low Density Residential Type 1 Zone (R1-sp)’ to facilitate the construction of a detached secondary dwelling unit. The subject lands have an approximate area of 4,191.8 m2 (1.03 ac) and contain an existing single detached dwelling, with an approximate area of 235 m2 (2,526 ft2). The proposed secondary dwelling unit will be one storey in height, is proposed to be located to the south-east of the dwelling, and will have an area of 111 m2 (1,200 ft2). A small shed is located on the subject lands, with a metal shipping container and wood lean to present on the adjacent road allowance for Vienna Road. Surrounding land uses include low density residential uses fronting on Van Street, with a multiple unit dwelling present to the west, and a 4 unit townhouse development to the north. Big Otter Creek is located to the north and west, and office and industrial uses are to the east. Plate 1, Location Map with Existing Zoning, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Map, provides an aerial view of the subject property. Plate 3, Applicants’ Site Plan, depicts the proposed location and size of the secondary dwelling. Plate 4, Proposed Dwelling, depicts the proposed appearance for the secondary dwelling unit. Plate 5, Proposed Floor Plan, depicts the proposed floor plan for the secondary dwelling unit. Application Review PROVINCIAL POLICY STATEMENT: The 2020 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.1 provides that healthy liveable and safe communities are sustained by accommodating an appropriate range and mix of residential housing (including additional units, affordable housing, and housing for older persons) to meet long-term needs, and promoting cost- effective development that minimizes land consumption and servicing costs. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on: Page 115 of 130 Report No: CP 2021-110 COMMUNITY PLANNING Council Date: April 19, 2021 Page 3 of 7  densities and mix of land uses which are appropriate for, and efficiently use the infrastructure and public service facilities which are planned or available;  support active transportation;  efficiently use land and resources;  a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Section 1.1.3.4 directs that appropriate development standards shall be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Further, Section 1.4 Housing, specifically ss. 1.4.3, states that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:  Establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households;  Permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents;  Permitting and facilitating all types of residential intensification, including additional residential units and redevelopment, in accordance with policy 1.3.3.3;  Directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;  Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and  Establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. OFFICIAL PLAN: The subject property is designated Environmental Protection and Low Density Residential as per Schedule T-2, Residential Density Plan for the Town of Tillsonburg, as contained in the Official Plan. The proposed development is wholly located within the Low Density Residential designation, and no impacts or disturbance to the Environmental Protection Area is expected. Low density residential districts are those lands that are primarily developed or planned for a variety of low-rise, low density housing forms including both executive and smaller single- detached dwellings, semi-detached, duplex and converted dwellings, townhouses and other, similar development. Within these areas, it is intended that there will be a mixing and integration of different forms of housing to achieve a low overall density of use. Section 8.2.1 of the Official Plan (Housing Development and Residential Areas - Strategic Approach) identifies a number of strategies "to provide present and future residents of Tillsonburg with a choice of adequate and affordable housing which meets their needs". Page 116 of 130 Report No: CP 2021-110 COMMUNITY PLANNING Council Date: April 19, 2021 Page 4 of 7 The strategies developed to achieve this goal include:  Accommodating the present and future demand for housing in Tillsonburg through the efficient use of vacant residentially-designated lands, underutilized parcels in built-up areas and existing housing stock in all neighbourhoods, with the objective of also reducing energy consumption, decreasing the financial burden of underutilized municipal services, and relieving pressure for development of natural areas and open spaces;  Facilitating a choice of housing type, tenure, cost and location that meets the changing needs of all types of households by providing for a variety and mix of housing throughout the Town;  Increasing the supply of affordable housing by integrating adequate housing for low and moderate income households and those with special needs throughout the Town and establish and monitor minimum affordable housing targets to ensure that the percentage of affordable housing is maintained or enhanced;  Promoting and facilitating the provision of affordable housing through the co-operative efforts of all levels of government, the private sector and volunteer interest groups through such means as technical assistance, land conveyances, joint ventures, regulatory measures, and incentives. Policies contained within Section 8.2.2.5 – Residential Intensification and Redevelopment, promote residential intensification in appropriate locations to make more efficient use of existing land, infrastructure, and public services. Residential intensification is permitted in appropriate locations within the Residential and Central Areas of the Town, subject to complying with the policies of the associated land use designations pertaining to the density, form and scale of residential development being proposed. The proposed zone change is considered to be a form of backyard infill. In Low Density Residential Areas, backyard infill development may involve the construction of a residential structure behind a building facing a street or the conversion of secondary structures for residential purposes. Section 8.2.4.1.2 of the Official Plan provides that when considering proposals for backyard infilling, Town Council will be guided by the following considerations:  The nature of the proposed residential development will be evaluated having regard to the type of housing found in the surrounding residential neighbourhood;  The exterior design in terms of height, bulk, scale and layout of the proposed building is consistent with present land uses in the area;  The siting of any buildings and parking areas in relation to the size, configuration and topography of the lot is such that the effect on light, view and privacy of adjacent yards is minimal;  Direct vehicular access to the public street will be required and driveways will have sufficient width to allow efficient vehicular use and turning of both private and emergency vehicles and to provide for snow storage;  Any proposed multiple unit development is consistent with the requirements set out in this Plan for Low Density Residential Areas. Additionally, when considering all infill proposals, Town Council must be satisfied that vehicular access points are acceptable, municipal services can adequately accommodate the proposal and stormwater is adequately controlled. Further, the Council must also ensure that any desirable vegetation is retained where possible and the impact on environmental constraints is mitigated, the proposal complies with the Zoning By-Law and impacts to heritage resources are considered. Page 117 of 130 Report No: CP 2021-110 COMMUNITY PLANNING Council Date: April 19, 2021 Page 5 of 7 TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Low Density Residential Type 1 Zone (R1)’, according to the Town of Tillsonburg Zoning By-law. The R1 zone permits a single detached dwelling, a home occupation, and accessory uses thereto. The applicant is proposing to rezone the subject property to ‘’Special Low Density Residential Type 1 Zone (R1-sp)’ to permit the construction of a secondary dwelling unit on the subject lands. The Zoning By-Law does not permit detached secondary dwelling units; converted dwellings are permitted through approval of a zoning by-law amendment application but are restricted to interior renovations of existing dwellings. Although there are no special provisions for secondary dwelling units, the Town Building Department has indicated that such units are interpreted as being the same as single detached dwellings and must meet the same setbacks. The proposed location does not satisfy the required rear yard depth provision of the By-Law; dwellings within a R1 zone are required to have a minimum rear yard depth of 12.5 m (41 ft). Based on the site sketch provided by the applicant, it appears as though the remainder of the zoning provisions will be met. The purpose of the minimum rear yard depth provisions is to ensure that the occupants of the dwelling have sufficient outdoor amenity space, and area available to lot grading, drainage, and stormwater management. AGENCY COMMENTS: The proposal was circulated to various public agencies considered to have an interest in the application. Town of Tillsonburg Building Services provided the following comments:  A building permit will be required for the proposed secondary dwelling unit  Proposed rear yard depth needs to be recognized in application;  If approved, designer will need to verify servicing, particularly water and sanitary sewer servicing through the building permit process.  The existing shipping container and wood lean-to must be removed from the Town’s ROW. Applicant has been advised of the non-compliance and timing for removal. Oxford County Public Works Department indicated that the property will only be permitted one water and sanitary service. Town of Tillsonburg Engineering Services Department indicated that matters such as lot grading, and drainage will be addressed through the building permit process. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners within 120 m (400’) on two occasions March 5, 2021 & April 5, 2021, in accordance with the requirements of the Planning Act. As of the preparation of this report, no comments or concerns from the public were received. Page 118 of 130 Report No: CP 2021-110 COMMUNITY PLANNING Council Date: April 19, 2021 Page 6 of 7 Planning Analysis The application for Zone Change proposes to rezone the lands to ‘Special Low Density Residential Type 1 Zone (R1-sp)’ to facilitate the development of a detached secondary dwelling unit on the subject lands. The proposal is consistent with the PPS direction to provide for an appropriate diversity of housing types and densities to meet the needs of current and future residents. If approved, the secondary dwelling unit will provide an additional housing option not currently available in Tillsonburg and represents an efficient use of existing municipal infrastructure. The proposal is consistent with the Planning Act and PPS direction to permit and facilitate all forms of residential intensification and redevelopment, including additional units. The proposal complies with the policies contained within Section 8.2.2.2 of the Official Plan that encourage the creation of housing opportunities that may result in a mix of tenure forms, such as ownership, rental, and cooperative, throughout the Town. The proposal is also consistent with the policy direction within Section 8.2.2.5 that promotes residential intensification in appropriate locations to make more efficient use of existing land, infrastructure, and public services. The proposed development is considered to be a form of backyard infill development. In Low Density Residential Areas, backyard infill development may involve the construction or conversion of secondary structures for residential purposes. Considering the size of the existing property and surrounding residential uses it is opinion of Planning staff that the proposal also conforms to the policies of the Official Plan pertaining to Low Density Residential areas and backyard infill development within the Town of Tillsonburg. The Low Density Residential designation is intended to support a variety of low-rise, low density housing forms including duplexes and converted dwellings. The proposed secondary dwelling unit is suitable and complementary to abutting properties, which are either vacant land (road allowance for Vienna Road) or consist of multiple unit residential uses. Additionally, considering that the secondary dwelling will make use of the existing driveway and parking areas and will be located in close proximity to the existing dwelling, sufficient separation exists relative to adjacent properties. Due to the location and topography of the subject lands, no impacts on the privacy of adjacent yards are anticipated. With respect to the proposed rear yard depth, Planning staff note that the abutting lands to the rear lot line are part of the road allowance for Vienna Road, which is approximately 35 m (115 ft) from the centerline of Vienna Road. No impact to the road allowance is expected from the reduced rear yard depth, and sufficient amenity area is present to the north, west, and east of the existing dwelling. As such, staff consider the proposed rear yard depth of 3 m (9.8 ft) appropriate in this instance. In light of the foregoing, it is the opinion of this Office that the application for zone change is consistent with the policies of the Provincial Policy Statement and maintains the general intent and purpose of the Official Plan. An amending by-law will be brought forward for consideration once the required by-law schedules have been prepared. Page 119 of 130 Report No: CP 2021-110 COMMUNITY PLANNING Council Date: April 19, 2021 Page 7 of 7 RECOMMENDATION It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Randy Marleau, Tereasa Marleau & Robert Kitching, whereby the lands described Part Block A, Plan 966, Part 3 of 41R-9192, in the Town of Tillsonburg known municipally as 30 Old Vienna Road are to be rezoned from ‘Low Density Residential Type 1 Zone (R1)’ to ‘Special Low Density Residential Type 1 Zone (R1-sp)’ to facilitate the development of a detached secondary dwelling unit. SIGNATURES Authored by: Eric Gilbert, MCIP RPP Senior Planner Approved for submission: Gordon K. Hough, RPP Director Page 120 of 130 March 1, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Vienna Road Old Vienna Road Van Street Subject Property Plate 1: Location Map with Existing Zoning File No. ZN 7-21-02- Marleau & Kitching Part Block A, Plan 966, Part 3 of 41R-9192 - 30 Old Vienna Road, Town of Tillsonburg Page 121 of 130 March 1, 2021 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 2: 2015 Aerial Map File No. ZN 7-21-02- Marleau & Kitching Part Block A, Plan 966, Part 3 of 41R-9192 - 30 Old Vienna Road, Town of Tillsonburg Old Vienna Road Vienna Road Subject Property Van Street Page 122 of 130 E:\OSOFT141\Wayne\2020 Work\Site Plans\20-16492sp.dwg Plate 3: Applicants' Site Plan File No. ZN 7-21-02- Marleau & Kitching Part Block A, Plan 966, Part 3 of 41R-9192 - 30 Old Vienna Road, Town of Tillsonburg Page 123 of 130 Old English Designs, LLC Plan No CH-98120 Modified Right Read Reverse r N 1 O Plate 4: Proposed Dwelling File No. ZN 7-21-02- Marleau & Kitching Part Block A, Plan 966, Part 3 of 41R-9192 - 30 Old Vienna Road, Town of TillsonburgPage 124 of 130 BR 2 1~>'7x17'2 MASTER BR 1 5'7x 1 7'2 LIVING 15'6x17'4 COVERED PORCH 213 Plate 5: Proposed Floor Plan File No. ZN 7-21-02- Marleau & Kitching Part Block A, Plan 966, Part 3 of 41R-9192 - 30 Old Vienna Road, Town of Tillsonburg Page 125 of 130 1. FILE No ZN 1--2-1 -OZ- TOWN OF TILLSONBURG DATE REC~I~:°. -~~!}~.111 APPLICATION FOR ZONE CHANGE i . 0 ZDZ1 I Registered Owner(s): P..ot,rur "o'/ t~rrt-li IN t:• Name: .. f..JtbJ.fJ.J/_MJ3:!1~'-:fiJ1!..~, J T~t1f:f+SA fV'A-11. t...f4-!A" Phone: !J '«"1:<'-'""'"-"""~~"""'-"-·~-~-~·.,,, .-" :l,.,,,~~=-''''"''==--~=--=.,=-== . - . Residence: < 14 -~So -'-/I 'I'S Business: 519 -S So~ l_fil'"1 Address: __ .3._Q__i.!..lJi.N.l!/..li.__fi..12_+--r / t.-t..-S o N Su "2. '2 Fax: ___________ _ Postal Code: N tf & 3 Li./ E-mail: rt.J ndy-teS{ @ b<>fWltti /.Corn Applicant (if other than registered owner;: Name: __________ _ Phone: Residence: Address: Business: Fax: ____ , Postal Code: E-mail: ------------------- Solicitor or Agent (if any) Name: Phone: Business: Address: Fax: Postal Code: E-mail: All communications will be sent to those listed above. If you do not wish correspondence to be sent to the Owner, Applicant. or Solicitor/Agent, please specify by checking the appropriate box. Name and address of any holde1·s of any mortgage, charges or other encumbrances (if known): _____ ~ 1:..~tl~ _b_g _ _tiJ{ ____ J __ q_q __ filo It tJ j):.)_~_\1 ________ 1.L~J.-'-~BJ,,J_g.f.? _________________________ _ 2. Subject Land(s): a) Location: Municipality ______ T'..LLl-G.£!-#A..id..!f_f? ____ _ former municipality ________ _ Concession No. -----------·-_______ .. . _______________ _ Lot( s) ____ ...:f..B .. ~T-liL.'2.£.JL__f\ __________________ _ Registered Plan !\Jo. ___ q_b...fa__ _ __________________ _ Reference Plan f\Jo. ____ fJ.L£ __ -__qj(/_'J-: ______ _ Lot(s) Part(s )-~=---~~-~~-~-:~~=~~-~-====--=---=-~= The proposed lot 1s located on the ____ Jio.ltC,T_ ________ side of OLD UtE-NNA Street. lying between ·-----------tL+-l+A++-=N"-------Street and ---"6~/-'-'1\1"'--'-'-l .... iJ..LE __________ Street. Street and/or Civic Address (911#): 3 0 0 I-D i.l ltfJVNft R 0 b) Official Pian Designation: If the proposed designation 1s different than the existing designation. has an application for Official Plan Amendment been filed with the County of Oxford? @ Yes FOR OFFICE USE ONLY DATE PF<ESCRlt\ED INFOf<~i/\ I ION Co1w>:.L ll PIN ________ Q_o_a.3~6 90 REV.JAN 2020 Page 126 of 130 lowN OF TILLSONBURG APPLICl\TION IOR ZONE CHl\N(;[ Page 2 c) Zoning: Present. ___/(_}_ _ --·----·------ Proposed _S_f2e. C /BL _fll __ _ d) Uses: Present. ____ __££'i.L/2g_f'/...L1fi '- Proposed (lncludedescription) /ltZ:SL!l.Jf;_NTL14'-:: W/Ttl ft~'-E~i.>R..Y OtA.)£.t-L/N& 3. Buildings/Structures: etc. For all buildings/structures, either existing or proposed on the~ subject lands. please supply the following information: Existing/Proposed Use None Existing Building 1 ._fLWE:..L L-1J::l. ('.' _ ---'--1'/q_ -·---·-------- None Proposed Building 2 J1UJ£.!i~..O.'/ 0Wct...LtN'1 C.tNfl ------·--~------- Date Constructed (1f known) Floor Ama Setbacks ~3~-Mr~'C,"c,t~~ 'J'1""Y-- Front lot line Side lot lines Rear lot line Please complete for residential, cornrnerc1al/1ndustrial or 1nst1tut1onal uses. TYPE Apt., semi, townhouse. retail. restaurant, church, #0FuN1Ts DwelllA~ +-Acc;.:;r,"'f~/. } 1AWt (fl n ' CONVERSION/ADDITION TO EXISTING BUILDING TOTAL# OF UNITS/BEDS FLOOR AREA Describe by dwelling unit or by type (office, retail common rooms, etc.) OTHER FACILITIES (playground. underground parking. pool. etc) #OF LOTS (for St.;Od1v1s1on) SEATING CAPACITY (for restaurant, assembly hall. etc.) #OF STAFF OPEN STORAGE REQUIRED? ACCESSORYRE~DENTIALUSE? RESIDENTIAL N/A N/A NIA N/A N/A COMMERCIAL/ INDUSTRIAL N/A j INSTITUTIONAL N/A N/A N/A II accessory residential use, If accessory residential use. complete residential section complete residential section 4. Site Information (proposed use(s): Lot Fror1tage Lot Depth Lot Area Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yar·d (corner lot) Landscaped Open Space(%) No. of Parking Spaces No. of Loading Spaces Building Height Width of Planting Strip Driveway Width Page 127 of 130 TOWN Of' TILLSONBURG Ai0 PLiC/\TIUN r OR ZONC CHllNGC 5. Services: (check appropriate box) Water supply Sewage Disposal Storm Drainage 6. Access: Provincial Highway County Road Publicly owned and operated piped water system Privately owned and operated indiv:m;ai we11 Other (specify) ___ _ Publicly owned and operated sanitary sewer system Privately owned and operated individual septic tank Other (specify) ________ _ Municipal Sewers Municipal Drains Ditches Swales Unopened Road Allowance Right-of-Way owned by Existing Municipal Road rna1nta1ned all year ---···-~--------~""''"-' Othe1 (specify) __________ _ Municipal Road secisorially maintained 7. General Information: Page 3 Proposed a) Is the Subject Land the subject of regulations for flooding or fill and construction permits of the Long Point Region Conservation Authority? No ! G.;;;; If yes has an /,ppl1cation been ffle(i with the Conservation A.uthority? Yes b) Present land ~1se(s 1 of acfaicent µropert1es ~~5J_QJ; ~-ILBJ.:.1_~_e_i:;. [':1 _____ 5_fJ_B_~~----! _ __l}I D 1.,, ~ Tf'l ( f.f L c) Characteristics of subject land (check appropriate space(s) and add explanation. if necessary) (i) Does the land contain environmental features such as wetlands, woodlots, watercourses, etc.? No @ If yes, describe __ Vl~_{)_O~P~<?~_i--_~?~T~lt..-E~l'l~M _____________ _ (i1) Has any part of the land been lorrnally used iur any purposcc.; other trian agricultural purposes? ~ Yes It yes, describe former use 8. Historical Information: a) Is the suo1ect Ii-Inc! 1l1e sub)Rcl ol ;--1 current Applicat1or1 for Consent to the Oxford County Land D1v1s1on Committee or a current applicat1or1 for draft plan of subdiv1s1Dn ro the County of Oxford? No ~" Application No. fb I'-/ -<:f!L-7 b) Have the subject land(s) ever been the subject of any other application under the Planning Act, such as an application for approval of an Official Plan amendment. a zoning by-law amendment, a Minister's Zoning Order amendment, consent, a minor variance, or apprnval of a plan of subcl1v1sion') c) d) 1J111\nuwr: Yes > F1ie No. Status/Decision If known, the date the subject land was acquired by the owner'! -~ v 11 ) '1.Dift If known, the length of time that the existing uses of the subject land have continued? Page 128 of 130 TOWN OF TILLSONBURG APPLICATION r-GR ZONC CHANG[ Page 4 ······•·· ·················• ·······•·•••·•••······••··· ................... ·····················-··· Authorization of Owner(s) for Applicant/Agent to Make the Application ~ll~!£1l.·r t1l.OY K1rc..H 11'16 I/We, fl_ILJ,J-"-'/..__.MflJ~,1-L__~-·-.~~t!~!I_f'111_//.'§___~t.t. am/are the owner(s) of the land that is the subject of this application for zone THIS SECTION TO BE COMPLETED IN THE PRESENCE OF A COMMISSIONER FOR TAKING AFFIDAVITS I/We fe/1e~_S__q t'1u,t._J~_c!'1 ofthe fpwn. of ~-b in the Gu4ti_-B/--of ~O__,;c_.fp~"--r=d _____ _ DO SOLEMNLY DECLARE THAT: All of the prescribed information contained in this application is true and that the information contained 1n the documents that may accompany this application is true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada E_vici_si_ri_c_~Ac:J. /. DECLAF3JZD before me at the lo\\f (\ 1 of _ _1_,t~ p~ '\-___ 01 ---~:~,;;~~-___ - -~~~~=-~ n-1~1-e tim~=-----s rn __ ~-;;y-·c;f--___ :_1r1J~-~--~-= 20-~L Notes: ___ }_~------·-- Owner(sJ/Applicant Owner(s)/Applicant JANET PATRICIA WEAVER, a Commissioner, etc., Province of Ontario, for the Corporation of the Town of Tillsonburg. Expires: April 22, 2023. -1.--Applications will not be considered complete until all requested information has been supplied. 2. It is required that one original of this application (including the sketch/site plan) be filed, accompanied by the applicar>le fee of $1,250.00 in cash or cheque payable to the Treasurer, Town of Tillsonburg. A fee of $2,500 00 w1il be charged if an application is required after the fact (after the use has occupied the site). Municipal Freedom of Information and Pro_tection of Privacy Act -Notice of Collection & Disclosure The collection of personal information on this form 1s legally authorized under Sec.34 of the Planning Act and O.Reg.545/06 for the purpose of processing your planning application. Questions about this collection should be directed to the Director of Community Planning at the County of Oxford, 21 Reeve St, P 0 Box 1614, Woodstock, ON N4S 7Y3 or at 519-539-9800 (ext.3207). Pursuant to Sec.1.0.1 of tr1e Planning Act, and in accordance with Sec.32(e) of the Municipal Freedom of Information and Protection of Privacy Act. it is tr1e policy of the County of Oxforcl to make all plarm1ng applications and supporting material available to the public. Page 129 of 130 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2021-045 A BY-LAW to confirm the proceedings of Council at its meeting held on April 19, 2021. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on April 19, 2021, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 19th DAY OF APRIL, 2021. READ A THIRD AND FINAL TIME AND PASSED THIS 19th DAY OF APRIL , 2021. ________________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 130 of 130