210419 Council Planning MIN 1
The Corporation of the Town of Tillsonburg
Council Planning Meeting
MINUTES
Monday, April 19, 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, Director of Corporate Services/Clerk
Eric Gilbert, Senior Planner
Carlos Reyes, Director of Operations and Development
Amelia Jaggard, Deputy Clerk
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 4:30 p.m.
2. Adoption of Agenda
Resolution # 2021-188
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT the Agenda as prepared for the Council Planning meeting of April 19,
2021, be approved.
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Carried
3. Disclosures of Pecuniary Interest and the General Nature Thereof
No disclosures of pecuniary interest were declared.
4. Adoption of Council Planning Minutes of Previous Meeting
Resolution # 2021-189
Moved By: Deputy Mayor Beres
Seconded By: Councillor Esseltine
THAT the minutes of the Council Planning meeting held on February 16, 2021,
be approved.
Carried
5. Public Meetings
Resolution # 2021-190
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
THAT Council move into the Committee of Adjustment to he ar applications for
Minor Variance at 4:33 p.m.
Carried
5.1 Application for Minor Variance A02-21 (Jones)
Eric Gilbert, Senior Planner, Oxford County, appeared before Council to
provide an overview of the application. Staff recommend approval of the
application.
Opportunity was provided for comments and questions from Council.
The agent, Travis Sherman, was in attendance to provide support for the
application. Mr. Sherman confirmed that the current accessory building
would be removed and replaced with the proposed pool shed.
No members of the public appeared before Council either in support of or
opposition to the application.
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Resolution # 2021-191
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
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.
Carried
5.2 Application for Minor Variance A04-21 (Dalm Construction Limited)
Eric Gilbert, Senior Planner, Oxford County, appeared before Council to
provide an overview of the application. The applicant's previous approved
application lapsed. Staff recommend approval of the application.
Opportunity was provided for comments and questions from Council.
Staff confirmed that a building permit must be issued within one year of
the Committee's decision.
The applicant was in attendance to provide support for the application.
No members of the public appeared before Council either in support of or
opposition to the application.
Resolution # 2021-192
Moved By: Councillor Parker
Seconded By: Councillor Esseltine
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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.
Carried
5.3 Application for Minor Variance A05-21 (Wrenmark Limited)
Eric Gilbert, Senior Planner, Oxford County, appeared before Council to
provide an overview of the application. Staff recommend approval of the
application.
Opportunity was provided for comments and questions from Council.
It was noted that the public notice indicated a 7.2 m side yard reduction
and the staff report indicates a 6.42 m side yard reduction. The public
notice also did not provide the third requested relief.
Staff were satisfied that public notice requirements were generally met as
the public were aware of the proposed side yard reduction.
There was discussion regarding the historic use of this lot for parking.
Staff noted that this development is not required to provide parking for
surrounding existing developments. This development proposes one
additional parking space over the required 1.5 parking spaces per unit.
There was discussion regarding the requirement for greenspace.
It was asked what options exist for residents of surrounding developments
to secure this lot for greenspace. Staff noted that surrounding
developments would have to purchase this lot or create an agreement with
the owner.
There was discussion regarding parking in the front of the building. Staff
noted that the typical reasoning for not allowing parking in front of a
building is for streetscape purposes. Through the site plan approval
process staff would consider options to improve parking safety.
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Staff confirmed visitor parking is included in the multi-unit dwelling parking
requirement of 1.5 parking spaces per unit.
It was noted there were three letters of opposition submitted after the
publication of the report that have been included in the public record.
These letters spoke to concerns related to loss of parking, reduction of
greenspace and traffic safety.
The agents were in attendance to provide support for the application.
David Roe, retained by the agent to present on behalf of owners and
applicant, was in attendance to provide support for the application. Mr.
Roe provided an overview of the application and noted his concern
regarding meeting public notice requirements. Mr. Roe confirmed a
parkland contribution was made as required by the subdivision process.
Mr. Roe confirmed the proposed amount of parking spaces is 16 and that
the applicant is open to discussions through the site plan approval process
to consider parking options.
Matt May, agent, was in attendance to provide support for the app lication.
Mr. May confirmed willingness to discuss greenspace and parking through
the site plan approval process.
There was discussion regarding current parking restrictions on Wren
Court.
Mr. May noted the units would be market rent.
Pablo Willis, agent, was in attendance to provide support for the
application. Mr. Willis explained the parking style is closer to parallel
parking.
No members of the public appeared before Council in support of the
application.
Jordan Hunter, 21 Wren Court, Tillsonburg, appeared before Council in
opposition to the application. Mr. Hunter is opposed to a building being
built and noted his concerns related to loss of parking and greenspace.
Maggie Westlake, 15 Wren Court, Tillsonburg, appeared before Council in
opposition to the application. Ms. Westlake noted her concerns regarding
road safety, low income housing, and the errors on the public notice.
No other members of the public appeared before Council in opposition of
the application.
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It was asked what could be built on this property if this application is not
approved. Staff noted that if the relief is not granted nothing can be built
unless there is a zone change.
Staff recommended deferral of application to allow for the public notice to
be amended and re-circulated. There would be another statutory public
meeting when the items is brought forward again.
Resolution #
Moved By: Councillor Esseltine
Seconded By: Councillor Luciani
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:
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 ).
AND THAT Council have an opportunity to review the site plan prior to
approval with regards to plans for parking, greenspace and sidewalks.
Deferred
Resolution # 2021-193
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
THAT the application be deferred and that staff provide new and amended
notice to reflect changes and that this item be brought forward at a future
planning meeting.
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Carried
5.4 Application for Minor Variance A06-21 (Tillsonburg Properties for
Community Living)
Eric Gilbert, Senior Planner, Oxford County, appeared before Council to
provide an overview of the application. Staff recommend approval of the
application.
Opportunity was provided for comments and questions from Council.
There was discussion about the ally adjacent to the subject property.
The agent, Justin Walsh, was in attendance to provide support for the
application.
No members of the public appeared before Council either in support of or
opposition to the application.
Resolution # 2021-194
Moved By: Deputy Mayor Beres
Seconded By: Councillor Luciani
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 rela tes 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.
Carried
5.5 Application for Minor Variance A07-21 (Robinson)
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Eric Gilbert, Senior Planner, Oxford County, appeared before Council to
provide an overview of the application. Staff recommend approval of the
application.
Opportunity was provided for comments and questions from Council.
The owner, Sue Robinson, was in attendance to provide support for the
application.
The agent, Jeff Manary, was in attendance to provide support for the
application.
No members of the public appeared before Council either in support of or
opposition to the application.
Resolution # 2021-195
Moved By: Councillor Luciani
Seconded By: Deputy Mayor Beres
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 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.
Carried
5.6 Application for Minor Variance A08-21 (Grassmere Construction
Limited)
Eric Gilbert, Senior Planner, Oxford County, appeared before Council to
provide an overview of the application. Staff recommend approval of the
application.
Opportunity was provided for comments and questions from Council.
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There was discussion regarding the road widening requirement. Staff
noted this requirement is permitted under the Planning Act and Oxford
County Official Plan; this is the last section of the road that is less 10 feet
of the rest of the road.
The applicant was not in attendance.
No members of the public appeared before Council either in support of or
opposition to the application.
Resolution # 2021-196
Moved By: Councillor Gilvesy
Seconded By: Councillor Rosehart
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.
Carried
Resolution # 2021-197
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
THAT Council move out of the Committee of Adjustment and move back
into regular Council session at 6:16 p.m.
Carried
5.7 Application for Zone Change ZN 7-21-02 (Marleau and Kitching)
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Eric Gilbert, Senior Planner, Oxford County, appeared before Council to
provide an overview of the application. Staff recommend approval of the
application.
Opportunity was provided for comments and questions from Council.
The applicant, Theresa Barlow, was in attendance to provide support for
the application.
No members of the public appeared before Council either in support of or
opposition to the application.
Resolution # 2021-198
Moved By: Councillor Parker
Seconded By: Councillor Gilvesy
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.
Carried
6. Planning Reports
7. New Business
8. Motions/Notice of Motions
9. By-Laws
10. Confirm Proceedings By-law
Resolution # 2021-199
Moved By: Councillor Rosehart
Seconded By: Councillor Gilvesy
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.
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Carried
11. Adjournment
Resolution # 2021-200
Moved By: Councillor Esseltine
Seconded By: Councillor Parker
THAT the Council Planning meeting of April 19, 2021 be adjourned at 6:25 p.m.
Carried