The Corporation of the

Town of Milton

Committee of Adjustment Minutes

Thursday, January 26, 2023 at 6:00 P.m. - 11:55 P.m.

Council Chambers - In Person

Members Present:

• Chair Kluge, 
• Member Jayaveer, 
• and Member Ellahi 

Members Absent:

• Member Slaght 
• and Member Trombino 

Staff Present:

• Serena Graci, 
• Greta Susa, 
• Mollie Kuchma, 
• Rachel Suffern, 
• and Natalie Stopar 

The Committee of Adjustment for the Corporation of the Town of Milton met in regular session. Electronically via Live Streaming Video.

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1.

AGENDA ANNOUNCEMENTS / AMENDMENTS

None.

2.

APPOINTMENT OF POSITIONS FOR COMMITTEE TERM

• Moved by Member Ellahi
  Seconded by Member Jayaveer

  THAT MARK KLUGE is appointed Chair of the Milton Committee of Adjustment for the term of Council from 2023 to 2026 BE APPROVED.

  Carried
• Moved by Member Ellahi
  Seconded by Member Jayaveer

  THAT TYLER SLAGHT is appointed as Acting Chair of the Milton Committee of Adjustment until December 31, 2023 BE APPROVED.

  Carried
• Moved by Member Ellahi
  Seconded by Member Jayaveer

  THAT GRETA SUSA is appointed as Acting Secretary Treasurer of the Milton Committee of Adjustment for the 2023 – 2026 Council Term BE APPROVED.

  Carried

3.

DISCLOSURE OF PECUNIARY INTEREST

None.

4.

REQUESTS FOR DEFERRAL OR WITHDRAWAL OF APPLICATIONS

4.1

A23-003M 2504 20 Side Road

4.2

A23-004M 8551 Escarpment Way

4.3

A23-005M 3025 James Snow Parkway

5.

MINUTES

5.1

Minutes of Committee of Adjustment Hearing held on Thursday November 10, 2022

• Moved by Member Jayaveer
  Seconded by Member Ellahi

  THAT the MINUTES of Milton Committee of Adjustment and Consent Meeting held on Thursday, November 10, 2022 BE APPROVED.

  Carried

6.

ITEMS FOR CONSIDERATION

6.1

A23-001 Broccolini Sunlife

Jessica Kwan, agent for the applicant, address: 260 Skymark Avenue Mississauga, provided and overview of the application. 

No public participation.

• Moved by Member Ellahi
  Seconded by Member Jayaveer

  BE IT RESOLVED THAT THE APPLICATION FOR MINOR VARIANCE under Section 45(1) of the Planning Act –File (A23/001/M) for 6670, 6710, 6750 & 6790 Fifth Line in the Town of Milton BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:

  1. That Buildings 2, 3 and 4 shall be generally located and constructed in accordance with the site plan and building floorplans, prepared by Ware Malcomb, dated November 24, 2022.
  2. That a building permit application be obtained within two (2) years from the date of this decision.
  3. That the approval be subject to an expiry of two (2) years from the date of decision if the conditions are not met, if the proposed development does not proceed and/or a building permit is not secured.
  Carried

6.2

A23-002M - 943 Stearn Place

Paul Guest, agent for the applicant, address: 5688 Main Street, Stouffville,  provided an overview of the application. 

No public participation.

• Moved by Member Ellahi
  Seconded by Member Jayaveer

  BE IT RESOLVED THAT THE APPLICATION FOR MINOR VARIANCE under Section 45(1) of the Planning Act –File (A23-002/M) for 943 Stearn Place in the Town of Milton, Regional Municipality of Halton BE APPROVED subject to the following Conditions:

  1. That the gazebo shall be located and constructed in accordance with the site plan and building elevations, prepared by Betz Pools, date stamped by Town Zoning on November 30, 2023.
  2. That a building permit application be obtained within two (2) years from the date of this decision.
  3. That prior to building permit issuance, the applicant provide a landscape plan, to the satisfaction of the Planner, that includes enhanced screening along the side and rear lot lines.
  4. That the approval be subject to an expiry of two (2) years from the date of decision if the conditions are not met, if the proposed development does not proceed and/or a building permit is not secured.
  Carried

6.3

A23-005M - 3025 James Snow Parkway

This application has been deferred until February 23, 2023.

6.4

A23-006 438 Pringle Ave

Pankaj Bhatla, agent for the applicant, address: 45 Elbern Markell Dr, Brampton, provided an overview of the application. 

Member Ellahi inquired about the backyard stairs outlined in the site plan, asking if they lead to the basement. Pankaj Bhatla confirmed that they are back stairs not leading to the basement.

Member Ellahi also inquired about the material being used for the stairs. Pankaj Bhatla states they will be using the same material as the deck. 

Member Ellahi also inquired if the agent was aware that the site is going downwards toward the side yard. Pankaj Bhatla claims he is aware.

Chair Kluge asked Natalie Stopar, Town Planner whether or not it would be difficult to exit the basement apartment and not go onto the neighbours lawn due to the vegetation. 

Natalie Stopar, Town Planner responded stating there would be an efficient setback. And if there were anything impeding that the owners would have to remove the vegetation to ensure that there is a clear path to travel. As they would not be permitted to go on the neighbouring property to access the unit. 

Public Participation: Owner of neighbouring property opposed this minor variance for the following reasons, 

• a lack of space for a basement apartment due to the houses being very close together 
• decrease value of neighbouring properties due to extra traffic 
• unsightly 
• the landscaping that would need to be changed, which would affect property value of neighbouring properties 
• Increased driveway traffic 

Town Planner, Natalie Stopar discusses the legality of a basement apartment stating, according to Zoning By-law and Provincial legislation basement apartments are permitted in single detached, semi detached and townhouse dwellings. The owner complies with all other zoning By-law requirements for the accessory apartment. 

• Moved by Member Jayaveer
  Seconded by Member Ellahi

  BE IT RESOLVED THAT THE APPLICATION FOR MINOR VARIANCE under Section 45(1) of the Planning Act –File (A23-006/M) for 438 Pringle Ave in the Town of Milton, Regional Municipality of Halton BE APPROVED, subject to the following conditions:

  1. That a building permit application be obtained within two (2) years from the date of this decision for the accessory apartment.
  2. That the approval be subject to an expiry of two (2) years from the date of decision if the conditions are not met, if the proposed development does not proceed and/or a building permit is not secured.
  3. That the stairs and landing shall  be generally located and constructed in accordance with the site plan prepared by SAI ITPM Consulting Inc. date stamped by Town Zoning on January 23, 2023.
  Carried

6.5

A23-007M 25 Bardoe Cres

Tomislav Grepo and Jennifer McGarvey, the applicants, address: 25 Bardoe Crescent, provided an overview of the application. 

No public participation. 

• Moved by Member Jayaveer
  Seconded by Member Ellahi

  BE IT RESOLVED THAT THE APPLICATION FOR MINOR VARIANCE under Section 45(1) of the Planning Act –File (A23-007/M) for 25 Bardoe Crescent in the Town of Milton, Regional Municipality of Halton BE APPROVED, subject to the following conditions: 

  1. That a building permit be obtained within two (2) years from the date of this decision.
  2. That the approval be subject to an expiry of two (2) years from the date of decision if the conditions are not met, if the proposed development does not proceed and/or a building permit is not secured; and
  3. That the patio be setback a minimum of 0.45 metres from the side lot lines.

   

  Carried

6.6

A23-008M - 6941 Derry Road

Pedram Varjavand, agent for the applicant, address: 1595 Clark Boulevard, Brampton, provided an overview of the application. 

Member Ellahi stated the ordering system proposed is already in place. When he conducted a site visit he claimed there are already two existing menu boards.

Chair Kluge, asks the planner to clarify the proposal. 

Town Planner, Rachel Suffern confirmed the minor variance is requesting to add an additional menu board to the existing single menu board in the one lane drive thru. She stated to her knowledge there is currently one existing menu board, however an additional menu board could have been approved through previous site plan approvals. Rachel concluded, if there isn't a second menu board existing that would further the relief being requested with the concurrent sign variance. 

No public participation.    

• Moved by Member Jayaveer

  BE IT RESOLVED THAT THE APPLICATION FOR MINOR VARIANCE under Section 45(1) of the Planning Act –File (A23-008/M) for 6941 Derry Road West in the Town of Milton, Regional Municipality of Halton BE APPROVED subject to the following conditions: 

  1. That the menu board shall be located and constructed in accordance with the site plan and building elevations, prepared by EXP Services Inc, date stamped by Town Zoning on November 30, 2023.
  2. That a sign permit be obtained within two (2) years from the date of this decision.
  3. That the approval be subject to an expiry of two (2) years from the date of decision if the conditions are not met, if the proposed development does not proceed and/or a sign permit is not secured. 
  Carried

6.7

A23-009 3169 Steeles Ave W

Sean Mcdonald, agent the applicant, address: 70 Main Street North, Campbellville,  provided an overview of the application. 

No public participation.

• Moved by Member Jayaveer
  Seconded by Member Ellahi

  BE IT RESOLVED THAT THE THE APPLICATION FOR MINOR VARIANCE under Section 45(1) of the Planning Act –File (A23-009/M) for 3169 Steeles Avenue West in the Town of Milton, Regional Municipality of Halton BE APPROVED, subject to the following conditions: 

  1. That the detached garage shall be located and constructed in accordance with the site plan prepared by Jansen Consulting, date stamped by Town Zoning on January 17, 2023.
  2. That a building permit be obtained within two (2) years from the date of this decision.
  3. That the approval be subject to an expiry of two (2) years from the date of decision if the conditions are not met, if the proposed development does not proceed and/or a building permit is not secured
  Carried

7.

NEXT MEETING

Thursday, February 23, 2023 commencing at 6:00 p.m.

8.

ADJOURNMENT

There being no further business to discuss, the Chair adjourned the meeting at 6:38 p.m.