Richmond Hill Committee of Adjustment Meeting

The Richmond Hill Committee of Adjustment approved a minor variance to legalize and complete the partially constructed home at 371 Stillwater Road in the Oak Ridges Moraine. The approval permits a maximum building height of 13.05 metres and a ground-floor area of 592.18 square metres, subject to staff conditions and a future site alteration permit. Member Payne opposed the application.

The committee also unanimously approved a consent to sever the property at 491 Elgin Mills Road West.

Topics Discussed

371 Stillwater Road Variance

The committee considered application MV26009, also identified in the meeting materials as MV-26-0009, for the partially constructed dwelling at 371 Stillwater Road.

The previous owner demolished the former home around 2016 or 2017 and began construction without following the approved plans, resulting in a stop-work order. The current applicant took possession through a court order in 2024 and applied to legalize and complete the dwelling.

The applicant's representative said the client was "seeking to legalize the partially constructed dwelling through this minor variance application and complete construction of the dwelling."

Building Size and Environmental Encroachment

The approved variance permits a maximum building height of 13.05 metres, compared with the standard 11-metre limit. It also permits a ground-floor area of 592.18 square metres, compared with the 500-square-metre maximum.

The property is in the Oak Ridges Moraine Natural Core Area and includes significant woodland near an Area of Natural and Scientific Interest. The application sought permission for the development envelope to extend into a designated key natural heritage feature.

Architect Nicole Parr said the septic system had been moved from the rear of the property to a previously disturbed area near the road and reduced to "a quarter of its size." The applicant said the change reduced the development's encroachment into the woodland and other ecological features.

Objections and Committee Debate

Member Payne opposed allowing a larger dwelling in a protected area. She asked:

"Why do you need these variances? Why do you need to encroach on land in the Oak Ridges Moraine that is protected in the official plan that a lot of time and money went into developing that official plan and protecting these certain areas in our city. And just because you want a bigger house, I don't believe is an appropriate reason."

When the applicant argued that the current owners had inherited a non-compliant property and were working to correct it, Payne responded: "Built without permit and illegally... I don't look on that as a defense."

The applicant's representative said the client had paid outstanding taxes and water bills and had spent significant sums to bring the property into compliance. The representative said the client was "coming in with clean hands to try to just make the situation right."

The committee proceeded after city legal staff reviewed objections concerning whether the application could be heard and concluded that it could. The committee chair noted that legal staff had reviewed both sides of the legality concerns and concluded that the application could be heard.

Further Site Oversight

Planning staff said the previous site plan agreement remains on title, but the property is no longer subject to standard site plan control under Bylaw 38-25.

Additional technical matters, including grading, will be reviewed through a separate site alteration permit process.

491 Elgin Mills Road West Severance

The committee unanimously approved application CN260013, also identified as CN-26-0013, to sever 491 Elgin Mills Road West into two parcels, subject to the conditions in the city staff report.

Agent Marco Rotondo said the severance is the first step in a broader plan. Following a zoning bylaw amendment passed earlier in the summer, the property is expected to be subdivided further to accommodate four residential dwellings.

Motions

• MV26009 / MV-26-0009 — 371 Stillwater Road minor variance: Approved, subject to staff conditions. Member Payne voted against the application.
• CN260013 / CN-26-0013 — 491 Elgin Mills Road West consent to sever: Approved unanimously, subject to the terms and conditions in the city staff report.
• Meeting minutes: Minutes from October 8, 2020, were adopted.

Attendees

The following committee members were identified as present or participating:

• Member Payne
• Member Kelbas
• Member Direzze
• Member Gossie
• Committee chair — name not specified in the provided material