Services Department A009/08 April 28, 2008

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1 Report To: Development Services Committee Item: Date of Report: From: DS April 23, 2008 Commissioner, Development File: Date of Meeting: Services Department A009/08 April 28, 2008 Subject: Direction on City Staff Involvement Respecting an Appeal to the Ontario Municipal Board Committee of Adjustment Decision on Application A009/ Thornton Road North Ihor George Lysyk PUBLIC REPORT Ward: PURPOSE The purpose of this report is to establish a Council position on an appeal to the Ontario Municipal Board (OMB) of a Committee of Adjustment (C. of A.) decision concerning 195 Thornton Road North. 2.0 RECOMMENDATION That the Development Services Committee recommend to City Council: That, pursuant to Report DS dated April 23, 2008, the Ontario Municipal Board be advised that City Council supports the decision of the Committee of Adjustment to approve application A009/08 to permit three lots for single detached dwellings at 195 Thornton Road North and the City not seek party or participant status on the appeal. 3.0 EXECUTIVE SUMMARY The C. of A. approved an application to permit three lots with certain variances for lot frontage and/or lot area at 195 Thornton Road North. A neighbour at 653 Fraser Avenue has appealed the C. of A. decision. This Department recommends that the City support the application but not seek party or participant status on the appeal. 4.0 INPUT FROM OTHER SOURCES 4.1 General Comments from the public on the proposed development are included in the minutes of the C. of A. hearing (see Attachment No. 2). None of the technical agencies or departments have any objection to the subject application. The City Solicitor has reviewed this report and agrees with the Recommendation

2 Report to the Development Item: DS Services Committee (Continued) Meeting Date: April 28, Auditor General Not applicable. 5.0 ANALYSIS On March 26, 2008, the C. of A. considered and approved, subject to conditions, an application submitted by Ihor George Lysyk to permit three lots for single detached dwellings with variances for lot frontage and/or lot area. The variances approved by the C. of A. are as follows: Approved Variances Required by Zoning By-law No Lot 1 (Existing House) Minimum Lot Area 367m 2 405m 2 Minimum Lot Frontage 12.98m 13.5m Lot 2 Minimum Lot Area 324m 2 405m 2 Minimum Lot Frontage 11.45m 13.5m Lot 3 Minimum Lot Area 349m 2 405m 2 John Anderson of 653 Fraser Avenue has appealed the C. of A. decision to the OMB. Exhibit No. 1 shows the location of the subject site and zoning in the area. Exhibit No. 2 is a copy of the plan submitted with the application showing the proposed lots. Attachment No. 1 is a copy of the Development Services report dated March 19, Attachment No. 2 is a copy of the minutes of the C. of A. meeting held on March 26, Attachment No. 3 is a copy of the decision of the C. of A. on the subject application. Attachment No. 4 is a copy of the letter of appeal dated April 10, 2008 to the OMB from John Anderson of 653 Fraser Avenue. The subject site is located on the east side of Thornton Road North, north of Fraser Avenue. Fraser Avenue does not physically connect to Thornton Road North since it has been terminated in the form of a hammerhead.

3 Report to the Development Item: DS Services Committee (Continued) Meeting Date: April 28, 2008 The existing use of the subject site is a single detached dwelling which is located on proposed Lot 1. New single detached dwellings are proposed to be developed on Lots 2 and 3 shown on Exhibit No. 2. The subject site is designated as Residential in the Oshawa Official Plan and is zoned R1-C (Residential) in Zoning By-law No The R1-C Zone permits single detached dwellings. Thornton Road North is designated as a Type C arterial road. Fraser Avenue is a local road. Mr. Anderson of 653 Fraser Avenue has appealed the C. of A. decision for a number of reasons (see Attachment No. 4). This Department had no objection to the subject application for generally the following reasons: (a) The proposal complies with Provincial Policy and the Oshawa Official Plan policies relating to appropriate intensification. (b) The proposed development, in the form of single detached dwellings, is compatible with the existing single detached residential uses in the area. (c) The proposed development will not create any adverse traffic impacts in the neighbourhood. (d) The lot areas proposed for Lot 1 and Lot 2 have been further reduced by the Region s road widening requirement along Thornton Road North. (e) The proposed lots are large enough to accommodate single detached dwellings. The applicant has also submitted an application to remove part lot control to create the proposed lots. This application can be considered after the OMB makes a decision on the C. of A. appeal. In cases such as this, this Department typically recommends that City Council take no position on the appeal so that Council is not seen as supporting one side over another or expending time, effort and money to prepare for and attend an OMB hearing at the expense of the general taxpayer. However in this case there is a significant policy issue relating to the support of appropriate infill housing. As a result, this Department recommends that City Council support the subject application but take no party or participant status at the OMB hearing. Notwithstanding Council s direction, the OMB has the authority, pursuant to the provisions of the Ontario Municipal Board Act, to require certain individuals, such as the City s planning staff, to give evidence to the OMB at the hearing. In addition, other persons, such as the applicant or any member if the public who has an interest in the matter, may summons a member of City staff to give evidence at a hearing.

4 Report to the Development Item: DS Services Committee (Continued) Meeting Date: April 28, FINANCIAL IMPLICATIONS There will be certain costs related to staff time to appear at the OMB hearing, if requested by the OMB or Council. 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN N/A Thomas B. Hodgins, B.E.S., M.A., RPP, Commissioner Development Services Department RB/c Attachments

5 R1-D NEVADA CT THOR R1-C OSP OS IDE AVE W ADELAIDE AVE W LICHEN CRES OSP R2 R1-C/CIN ADELE CRES R1-C THORNTON RD N 195 FRASER AVE 653 SEVERN ST R1-C CE K:\Exhibits\08April\exhibits\195ThorntonRdN_ex1.mxd\ \ Exhibit No. 1 DEVELOPMENT SERVICES DEPARTMENT ADELE CRES TOWN OF WHITBY THORNTON RD N ADELAIDE AVE W STEVENSON RD N Subject Site KING ST W

6 367 m 2 K:\exhibits\08April\exhibits\195ThorntonRdN_ex2.ai\ \ Future Road Widening 324 m 2 Scale = 1:250 Exhibit No. 2 City of Oshawa DEVELOPMENT SERVICES DEPARTMENT

7 Report To: From: Subject: Committee of Adjustment Development Services Item: File: Date of Report: March 19, 2008 Date of Meeting: A009/08 March 26, 2008 Ward: Application for relief from the provisions of Zoning By-law 5 No to permit 3 lots for single detached dwellings with reduced lot frontage and lot area Address: 195 Thornton Road North Owner: Ihor George Lysyk The comments from this Department are as indicated below: We have no objection to the approval of this application. We have no objection to the approval of this application subject to the comments/ conditions which are attached / listed below. We request that this application be tabled for the reasons which are listed below. We recommend that this application be denied for the reasons which are listed below. attached/ attached/ Robert Bedic, Planner Development and Urban Design RB/jm c: K. Staunton, Engineering Services Ihor George Lysyk 71 Southwood Street Oshawa, Ontario L1G 6L6

8 Report to the Committee of Adjustment File No.: A009/08 Meeting Date: March 26, 2008 On February 27, 2008, the Committee of Adjustment tabled the subject application indefinitely to allow staff an opportunity to evaluate the possibility of replacing the existing hammerhead at the western end of Fraser Avenue with a cul-de-sac. Staff has since determined that a modified cul-desac would be appropriate at this location and the proposed design would require approximately m² from the rear of the proposed Lot 2. The road widening for the cul-de-sac is intended to be taken after a building permit for the house on Lot 2 is issued. Therefore, the proposed cul-desac does not have an impact on the subject application. The timing of the conveyance of the road widening for the cul-de-sac will be addressed through the Part Lot Control process. One of the main objectives of the Provincial Policy Statement and the Ontario Growth Plan is to promote residential intensification in existing built-up areas where in-fill developments are compatible with the existing land uses in the area. Furthermore, the Growth Plan requires that by 2015, 40 per cent of all residential development be within the built-up area of the City. The creation of three new residential lots in an existing residential area is consistent with current Provincial Policy. The City of Oshawa Official Plan supports residential intensification in areas where the development is considered appropriate and compatible with surrounding land uses. The proposed development represents an infill development in an existing residential neighbourhood. The neighbourhood is comprised of single detached dwellings on lots of varying size. Although the proposed lots are smaller than those on the surrounding properties, the proposed lots are large enough to accommodate single detached dwellings. Considering the proposed development consists of three single detached dwellings, the proposal is compatible with the existing single detached character of the area. Two of the subject lots are proposed to have driveways onto Fraser Avenue. Given that there is an existing driveway on Fraser Avenue for the existing house at 195 Thornton Road North, only one new driveway onto Fraser Avenue is proposed for the development. One additional driveway would have a minimal impact on traffic in the neighbourhood. It should be noted that the property could be severed into two lots as of right and a second driveway could be added onto Fraser Avenue to service the second lot. Also, during the last reconstruction of Fraser Avenue, municipal service connections were constructed in the road allowance in front of the proposed Lot 3. This indicates that a new dwelling on Fraser Avenue was contemplated at that time. The lot areas proposed for Lots 1 and 2 have been further reduced by the required road widening. If the road widening was not required, Lot 1 would comply with the minimum lot area requirement of Zoning By-law No This Department has no objection to the approval of this application subject to the following conditions and advisory comment: Conditions: 1) That the owner obtain approval for an application to create the three lots; 2) That a 3.0 metre road widening along Thornton Road North be dedicated to the Region of Durham through the approval of any application to create the three lots; 3) That prior to the issuance of building permits for new single detached dwellings on the vacant lots, the owner shall prepare and have approved by the City, plans illustrating the building siting, driveway location and building elevations of the proposed single detached dwellings and the single detached dwellings shall be constructed to the satisfaction of the City in conformity with the approved plans; and

9 Report to the Committee of Adjustment File No.: A009/08 Meeting Date: March 26, ) Failure to satisfy the above conditions shall result in this decision becoming null and void. Advisory: The owner is advised that a building audit addressing the spatial separation distance between the existing dwelling and the proposed lot line to the south of the dwelling, prepared by a professional designer, will be required prior to the finalization of the by-law for the removal of part lot control if the application is approved.

10 Committee of Adjustment File No. A009/ Thornton Road North Ward 5 MINUTES UNDER THE PLANNING ACT Committee of Adjustment Application for 195 Thornton Road North An application has been submitted by Ihor George Lysyk for a variance from the City s Zoning By-law No The application relates to 195 Thornton Road North, being Registered Plan 370, Sheet 16C, Lot 11, Oshawa, Ontario. The purpose and effect of the application is to permit 3 lots for single detached dwellings having the dimensions in Col. I below, instead of the dimensions in Col. II below, as required by Zoning By-law No for single detached dwellings in a R1-C (Residential) Zone. Col. I Col. II Lot 1 (Existing House) Minimum Lot Area 367m 2 405m 2 Minimum Lot Frontage 12.98m 13.5m Lot 2 Minimum Lot Area 324 m 2 405m 2 Minimum Lot Frontage 11.45m 13.5m Lot 3 Minimum Lot Area 349m 2 405m 2 A meeting of the Oshawa Committee of Adjustment was held on March 26, 2008 at 6:00 p.m. in Committee Meeting Room, Second Floor, City Hall, Oshawa, Ontario. Present: Absent: A. Fordham, J. Sproule, G. Weisz, P. Ralph, R. Bedic, G. Deeth S. Karwowski, W. Gill Also Present: Ihor George Lysyk, Applicant Blair Walters, 652 Fraser Avenue Joan Rowe, 657 Fraser Avenue Lionel Rauscholb, 649 Fraser Avenue John Anderson, 653 Fraser Avenue A report received from the Department of Development Services stated no objection to the approval of the application subject to the conditions contained in the report. I. Lysyk stated that he was in agreement with the staff report. I. Lysyk stated that the subject site is a large property with an old house on it. I. Lysyk stated that approximately $25,000 had been spent renovating the existing house on the site. I. Lysyk stated that two lots would be permitted without the need for any variances and that Fraser Avenue already has a service connection for a second lot. I. Lysyk stated that in his opinion the variances are minor and the requested lot areas have been further reduced for Lots 1 and 2 because of the road widening required by the Region along the Thornton Rd. frontage of the site. I. Lysyk stated that the proposal is consistent with Provincial intensification initiatives and meets the intent of the Oshawa Official Plan (O. P.) since the O. P. promotes infill development where it is appropriate and does not negatively impact services. The services are already available for the proposed development. I. Lysyk stated that the variances meet the intent of the zoning by-law. In response to a letter submitted by a neighbouring property owner questioning the amount of openings on the south side of the existing house, I. Lysyk stated that Ontario Building Code matters will be addressed through any building permit application that will be required if the application is approved. I. Lysyk stated The Corporation of the City of Oshawa Planning Services 50 Centre Street South, Oshawa, Ontario L1H 3Z7 TEL: , FAX: Website:

11 Page 2 that he believes the application meets all four tests under the Planning Act and that the proposed infill development is appropriate. A. Fordham stated that the plan shown by I. Lysyk when explaining his application does not match the original plan submitted with the application. I. Lysyk stated that the plan he showed was one that was prepared after the previous C. of A. meeting showing a possible modified cul-de-sac that did not impact his lands. I. Lysyk stated that the lots are the same configuration and sizes as shown on the original site plan. In response to a question from J. Sproule, I. Lysyk stated that the house on Lot 3 would likely be a raised bungalow, approximately sq. ft. in size, similar to the 2 newer houses on the south side of Fraser Avenue. In response to a question from G. Weisz, I. Lysyk stated that he is not required to give the 3.0m road widening along Thornton Rd. N. to the Region but it is easier to convey the land to them to avoid the possibility of the Region appealing the C. of A. decision. B. Walters stated that the neighbourhood has a certain character based on the setbacks and lot sizes and by allowing smaller lots as proposed by this application would upset that character. B. Walters stated that new houses could be owned by people with 2 or 3 cars each which would add traffic to the area. In response to a question from G. Weisz, R. Bedic stated that the application had been reviewed by the Regional Works Department and the City s Engineering Services Branch. B. Walters stated that his house, which is located directly to the east of the subject site, has a 27.0 m (90 ft.) setback from road. B. Walters stated that a new house directly to the west of his would block his view. In response to a question from J. Sproule, R. Bedic stated that B. Walters house is farther back than the required 9.0 m setback because the setback required by the zoning by-law is a minimum and houses can exceed the minimum setback if they want. J. Rowe stated that she does not understand how one lot can be turned into 3 lots because there is not enough room for 3 lots. J. Rowe stated that the proposed houses would have no backyards or front yards because the lots are not large enough. J. Rowe stated that she did not like the idea of someone living across the street from her looking into her front window. In response to a question from G. Weisz, J. Rowe stated she doesn t remember if Fraser Avenue was open to the Thornton Road North at the time. B. Walters stated that Fraser Avenue was closed at Thornton Road North in J. Rowe stated that the area is currently a safe neighbourhood for children to play but acknowledged that there is some additional parking street parking in the area because of the local park during the summer months. L. Rauscholb stated that when he looks at the notice of hearing which outlines the requested variances, there is a 30% difference between the required lot areas and the proposed lot areas. L. Rauscholb stated that in his opinion the variances are not minor. In response to a question from J. Sproule, I. Lysyk stated that without the required road widening, Lot 1 represents a 4% difference in lot frontage and no difference in lot area, Lot 2 represents a 15% difference in lot frontage and a 11% difference in lot area and Lot 3 represents no difference in lot frontage and a 14% difference in lot area. J. Anderson stated that he had concerns that the existing house would be too close to the proposed lot line based on the amount of glazing on the south side of the house. R. Bedic stated that a building audit confirming compliance with the Ontario Building Code (O.B.C.) will be required prior to the passing of the by-law to create the three lots through the Part Lot Control process. For clarification, A. Fordham asked J. Anderson if his question was that if the building audit indicates that the house is too close to the lot line, how will the proposed lot line move. J. Anderson stated that was the concern. P. Ralph stated that the building audit would identify what setback is required between the existing house and the proposed lot line based on the amount of openings on the south wall of the house. P. Ralph stated that there are 3 ways a developer could deal with the matter. First, the developer could apply to the C. of A.

12 Page 3 for a reduced side yard setback. Secondly, the developer could block some of the openings on the wall of the house to comply with the O.B.C. based on the proposed setback. The third option is for the owners of the 2 lots to enter into a spatial separation agreement (i.e. the owner of Lot 2 would not be able to build within a certain area). J. Anderson stated that he agreed with the first two options but was concerned what would happen with the third option in the event the property owner who entered into the agreement for one of the lots moved. P. Ralph stated that the agreement would be registered on title and run with the property so any future owner would have to comply with the agreement. In response to a question from A. Fordham, P. Ralph stated that the spatial separation review is automativ through the Part Lot Control process. In response to a question from J. Anderson, P. Ralph stated that the O.B.C. applies to the existing house and the proposed houses. J. Sproule stated that he understands the intensification policies of the City and the Province but feels the lot size reduction for the lots is not minor. J. Sproule stated that he feels that 2 lots is more appropriate for the property. A. Fordham stated that he agrees with J. Sproule that 2 lots are appropriate but is of the opinion that the proposal meets Provincial and City intensification goals and is appropriate. A. Fordham stated that setbacks are not an issue at this time. A. Fordham stated that if the Region would not want the road widening along Thornton Rd. N. the lot areas variances would not be as great for Lot 2 and would not be required at all for Lot 1. A. Fordham stated that in his opinion, the variances meet the intent of the zoning by-law and Official Plan, the proposal is appropriate for the subject site and is minor in nature. Moved by G. Weisz, seconded by A. Fordham, THAT the application by Ihor George Lysyk for 195 Thornton Road North, Oshawa, Ontario, be approved subject to conditions. The Chair declared that the application was APPROVED. CARRIED. Robert Bedic, Assistant Secretary-Treasurer

13 Committee of Adjustment File No. A009/ Thornton Road North Ward 5 DECISION UNDER THE PLANNING ACT Committee of Adjustment Application for 195 Thornton Road North An application has been submitted by Ihor George Lysyk for a variance from the City s Zoning By-law No The application relates to 195 Thornton Road North, being Registered Plan 370, Sheet 16C Lot 11, Oshawa, Ontario. The purpose and effect of the application is to permit 3 lots for single detached dwellings having the dimensions in Col. I below, instead of the dimensions in Col. II below, as required by Zoning By-law No for single detached dwellings in a R1-C (Residential) Zone. Col. I Col. II Lot 1 (Existing House) Minimum Lot Area 367m 2 405m 2 Minimum Lot Frontage 12.98m 13.5m Lot 2 Minimum Lot Area 324m 2 405m 2 Minimum Lot Frontage 11.45m 13.5m Lot 3 Minimum Lot Area 349m 2 405m 2 This property is also the subject of a related application for the Removal of Part Lot Control (File No. B ). This application was heard by the Committee of Adjustment on March , and with Notice of Hearing having been given as directed by the Committee of Adjustment, THE DECISION OF THE COMMITTEE IS THAT THE APPLICATION BE APPROVED, subject to the following conditions: 1) That the owner obtain approval for an application to create the three lots; 2) That a 3.0 metre road widening along Thornton Road North be dedicated to the Region of Durham through the approval of any application to create the three lots; 3) That prior to the issuance of building permits for new single detached dwellings on the vacant lots, the owner shall prepare and have approved by the City, plans illustrating the building siting, driveway location and building elevations of the proposed single detached dwellings and the single detached dwellings shall be constructed to the satisfaction of the City in conformity with the approved plans; and 4) Failure to satisfy the above conditions shall result in this decision becoming null and void. NOTE: Any appeal from the above decision must be made on or before April 15, NOTE: The Planning Act provides for appeals to be filed by persons. As groups or associations, such as residents or ratepayers groups which do not have incorporated status, may not be considered "persons" for the purposes of the Act, groups wishing to appeal this decision should do so in the name or names of individual group members, and not in the name of the group. W. Gill, Chair Absent A. Fordham, Chair S. Karwowski Absent J. Sproule G. Weisz The Corporation of the City of Oshawa Planning Services 50 Centre Street South, Oshawa, Ontario L1H 3Z7 TEL: , FAX: Website:

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