Good evening everyone and welcome to Richmond Hill City uh of Richmond Hill's Committee of Adjustment. We will begin by acknowledging the land. We are gathering on lands that have been home to First Nations people from time immemorial. We acknowledge that we now call Richmond Hill is on the treaty lands and territory of the Mississaugas of the Credit First Nation and the Mississauga and Chippewa Nations of Williams Treaty. We also recognize that we are on part of the traditional territories of the Haudenosaunee and the Huron-Wendat. We would also like to acknowledge all First Nation, Inuit, and Métis people from all across North America, also known as Turtle Island, who now reside in the city of Richmond Hill. We are committed to rebuilding constructive and cooperative relationships. Well, our secretary-treasurer tonight, as always, is Courtney Cullen, and assisting her is Miss Aaliyah. And from planning department, we have Miss Melissa Giardina Papa. And a large audience tonight. >> [laughter] [gasps] >> Uh does anyone have any conflicts of interest tonight? Uh sorry, we do a preamble first. Sorry. Go ahead. That's important. And if everyone can please turn their cell phones to silent or vibrate, go ahead. >> Good evening. In the event of an emergency, please exit this room using the double doors. There are two stairwell exits outside council chamber doors. The stairwell on the right leads to the south side of the building. The stairwell on the far side of the elevators leads to the main lobby. Do not use the elevators or re-enter the building until directed. We ask all committee members, city staff, and members of the audience to please silence your cell phones. The Committee of Adjustment for the City of Richmond Hill has been appointed by Council to consider applications for minor variances and consent under the Planning Act. The chair will call each applicant to the podium to present their application and will invite members of the public to comment. When members of the public approach the podium, please do so one person at a time. A public deputation form is available at the podium. Please clearly print print your name, address, and email address if you wish to be added to the notification list for the application you are addressing. Before speaking, please state your full name and address for the committee. When speaking, address all comments through the chair. Once the committee has made a decision on an application, no further discussion of that application is permitted in council chambers. Only the applicant, the minister, a specified person, or a public body may appeal the committee's decision to the tribunal within 20 days of the decision being made. All appeals and associated fees must be filed directly with the secretary treasurer in accordance with the planning act. Thank you. >> Thank you. Uh are there any conflict of interests from anyone tonight? In that case, we can begin our proceedings. We have two items in the agenda today. The first is item 4.1, application number MV26009 located at 371 Stillwater Road. Would the applicant like to present that application? Uh before you start, I just like to make a quick comment. There has been a lot of correspondence with some objections to the legality of it, which is outside the jurisdiction of this committee. We rely on the city's legal department to make that decision. They have reviewed both sides and have concluded that the application can be heard tonight, so we are going to proceed on that basis. Go ahead, please. >> Oval Road between Bayview and Yonge Street within the Oak Ridges Moraine Natural Core Area. A dwelling has existed on the property since at least 1970. Uh in 2012, the city of Richmond Hill has issued site plan approval for a replacement dwelling on the property. And apologies, I'm not sure how to work the the put PowerPoint slides. If I should just Thank you very much. Uh in and around 2016-2017, the previous property owner demolished the former dwelling and began constructing the replacement property. However, the previous property owner did not construct the dwelling in accordance with the approved site plan, and the city issued a stop work order. The construction stopped, and the dwelling has remained partially constructed since. Next slide, please. In 2024, our client, the applicant, obtained possession of the property through a court order and is now seeking to legalize the partially constructed dwelling through this minor variance application and complete construction of the dwelling. The application for minor variance request relief to permit a maximum building height of 13.05 m, whereas 11 m is permitted, a maximum ground floor area of 592.18 m, whereas 500 square meters is permitted, and to permit the development envelope to encroach into a key natural heritage feature, being a significant woodland. Importantly, this minor variance application does not propose any new use for the subject lands. This proposal maintains a single detached dwelling on a property that has long been used for residential purposes. And the next slide, please. Since obtaining possession of the property, our client has revised the building plans to reduce any potential impacts uh to the environment. For example, the septic system has been relocated to an existing disturbed area between the dwelling and Stowell Road, as opposed to at the rear of the dwelling. The septic system has also been reduced to approximately 1/4 of the size originally proposed. These measures have significantly decreased any encroachment into the surrounding woodland and ecological features. Our client has also retained Terra Story Environmental Consulting Inc. to prepare a natural heritage evaluation and an arborist report, and a tree protection plan, as well as a hydrogeological memorandum from GEI Consultants Canada, to demonstrate conformity with the ORMCP. The city's planning staff and external agencies have reviewed these materials and are satisfied with them. City staff has recommended the approval of this minor variance application subject to the conditions in Appendix B of the staff report. City staff has concluded this application satisfies the four tests under Section 45 sub one of the Planning Act. The requested variances maintain the general intent and purpose of the official plan. The requested variances meet the general intent and purpose of the zoning bylaw. The requested variances are desirable and appropriate development of the subject lands. And the requested variances are minor in nature. Uh since they already set out the city's uh in the city staff report, I will not go through each test in detail. Uh my client agrees with the city's staff's conclusions that the requested minor variances meet these four tests under the Planning Act. Uh and for these reasons we recommend we request the city uh the committee approve the variances. Um Lastly, I also understand that there have been objections made to our legal authority and I heard from uh you, Mr. Chair, that you will not be hearing any submissions on that. I am of course prepared to respond to that if necessary, but I will cut my submissions there and will not respond to it unless requested. Thank you very much. >> I appreciate you giving us the background about the prior permits, etc. Thank you for your presentation. >> Thank you, sir. >> Yeah. Does anyone in the audience wish to address this application located at 371 Stillwill Road? Anyone in the audience wishes to address this application tonight? Seeing none. Do we have any comments from the Planning Department? >> Through the chair, I have no comments. >> Okay. Uh before I open it to my members, I have a question a small question technical one to the Planning Department. I did read the uh uh item about site plan control not being in effect anymore as of the new bylaw. But because it is registered on title, does it stay there for life or does the new bylaw repeal that? That's my question. >> So, the the site plan agreement will remain on title, but is no longer um effective to the lands um because it's not subject to site plan control bylaw 38-25. Instead, it will go through a separate approval process, which is site alteration permit. >> So, it's no longer enforceable as Okay, that's all I wanted to clarify. Any questions from our members at this point? Go ahead, Mr. Direcci. >> Yes, uh just have a question to the applicant um if you don't mind um you mentioned that the septic facility uh location proposed in the rear yard has now been moved to the previously disturbed area in in the front. Is that where the old septic bed used to be that's being decommissioned and then reconstructed or are you using the existing tile bed? I'm just curious. >> For you, Mr. Chair, um I'd actually refer that question to our architect who is actually in attendance today if that's uh permissible. >> Yes, and and uh in addition to that question, just wondering if drawing SP1 uh has been updated to reflect the revised location of the septic facility, if you don't mind. Thank you. Just for the record. >> Um Nicole Parr, 22 Blue Forest Drive. Uh through you, Mr. Chair, we didn't do a septic investigation to see where the existing septic was to see and to decommission it. Um but we worked with Terra Story who were the environmental consultants who advised us that in actuality the front of the property is the best place to place the septic due to the um decrease in environmental impact. We had We had um designed a larger septic and then went back to redesign it to be a quarter of its size. So, to your question, I don't know exactly where the existing septic is. We never did that investigation, but the new septic is in the optimal position according to our environmental staff, sir. >> Okay. And do you have an updated grading plan as of yet or that's still in the works? >> That's still in the works. Through you, Mr. Chair, we plan we wanted to successfully pass this process before we invested more time and effort into the grading, but we understand that our next next step would be the site alteration permit where a proper and updated grading plan meeting all the requests of the planning would be addressed. >> Okay, thank you for clarifying. >> Thank you. >> Anyone else? Has any questions? Yes, go ahead, Ms. Payne. >> It's um unclear to me from the drawing we have here, where was the original 1970 dwelling uh located in relation to the drawing that we have here? >> Through you, Mr. Chair, uh I believe the original 1970s dwelling was in the same location as the currently partially constructed dwelling. >> Um was it smaller? >> It was smaller, I believe, than the current dwelling is. >> How much smaller? >> That's not an answer I I have on hand, unfortunately. Though perhaps Ms. Parr has an answer. >> So, I can I can assume it was considerably smaller as a dwelling. >> Uh through the chair, if you give me one moment, I can have a lady bring up the survey. >> Sorry? >> Do you uh just uh wait 1 second. >> Yes, of course. Yeah, go ahead. >> Um to your question and through you, Mr. Chair, I can try to see if I can see it on the survey. Um when the project came to me in 2025, the building was partially developed already. So, I can just try to see if I can see it on the survey for you if you'll just wait a minute for me. As I there's um there's a couple ancillary structures which will be demolished, but I have a feeling that I'd like to see the survey and then I can comment. >> I was just uh notified by Mr. Derazzi that the drawing SP1 shows it in a dotted line. >> That is yes. >> old open plan. It's really faint. I had to take my glasses off to see it. >> It that would be on the survey. >> see anything. >> No. No. I absolutely acceptable. Um through you Mr. Chair the survey would be the document where that would be the most legible. So that's why I would like to see the survey if I can see it for you um for the members today. >> Uh Uh any other questions? I think Mr. from our members. >> Through you Mr. Chair I I can't see it on the survey. It must have um yes. >> So all of this going to a place where I say why do you need these variances? Why do you need to encroach on um land in the Oak Ridges Moraine that is protected in the official plan that um a lot of time and money went into uh developing that official plan and protecting these certain areas in our city. And um just because you want a bigger house, I don't believe is an appropriate reason. >> Through you Mr. Chair uh we are the possessor of the lands. We are the the mortgagee and the applicant um which I think was was made clear through the the submissions on the ownership question. Uh so this dwelling was was not constructed by our client. It was constructed not in accordance with the zoning bylaw. Unfortunately, our client now as the mortgagee is the legal possessor of the property and is now taking steps to remedy the non-conformity with the zoning bylaw. So, our client has taken steps to reduce the impacts as much as possible considering that the dwelling the the dwelling is partially constructed and is trying to bring the property into conformity. Therewith, our client also has uh taken over the property, as I said, from the from the registered owner and has expended considerable sums to to try as much as possible to bring the property into conformity with all of the city's requirements including paying back taxes, back water bills, things that the the previous property owner didn't pay. So, our client is really coming in with with clean hands to try to just make the situation right and make it as close as possible to conform. Thank you. >> Thank you. And one last question for the planning department. I read in in at least two places description of this as a major development um in the discussion on the official plan and on zoning bylaw. So, how am I supposed to consider this a minor variance? I I don't see that this passes the tests. So, I cannot support it. >> No problem. We all have our rights. You have yours. >> [laughter] >> I would just like to mention, I mean, you saw the pictures. The I think the foundations and a whole part of walls are already built. And they're just trying to, I guess, uh work with what they have. But that's my position. Any other questions or comments on this particular application? >> Built without permit and illegally. So. >> Yeah, you're right. We are we are >> I I I don't look on that as a defense. >> I understand. >> Okay. >> Thank you. >> Thank you. >> If I have no more questions, uh I would request a motion. Uh make sure to include all conditions. They're important in this case. A motion to go ahead, Ms. Payne. Oh, sorry. Ms. Kelbas. >> That's okay to you, Mr. Chair. I'd like to make a motion. Uh just before I do, I wanted to just note that that um the applicant will be required to do significant technical uh background to permit this development and although it's encroaching on the >> [sighs and gasps] >> uh significant woodland and area of natural sci- scientific interest, um I do believe that through the site plan alteration process, the city will have an opportunity to review and comment on further technical uh submissions. Uh so, with that, I'll make a motion for application number MV-26-0009 uh located 371 Stovall Road uh for approval subject to the terms and conditions in the city staff report. >> Moved by Ms. Kelbas, seconded by Mr. Direccio. All in favor? Three in favor. All four in favor. Opposed? Ms. Payne. It's approved. Thank you. Our second application is agenda item 4.2 located at 491 Elgin Mills Road West. It's application number CN260013. It's a consent application. Yes, if you can start with your name and address. Thank you. >> Uh Marco Rotondo, um 610 Bouse Road, uh agent for the uh owner. Um yeah, fairly straight Good evening. First of all, good evening, everyone. Uh pretty straightforward application. We're just asking for a consent to sever the lot into two parcels. Um this was uh over the last 2 years the subject of an extensive zoning bylaw amendment, which uh was approved this uh summer uh to permit the construction of four uh dwellings. So, this is just basically step one of a more of a formality to uh to begin that process to sever into two and then eventually uh into four. So, if there's any questions, happy to answer. >> Okay. Uh we don't have any audience, so I'm going to go to the planning department. Do you have any comments on this application? >> Through the chair, I have no comments. >> Okay. Are members if any comments on this severance located 491 Elgin Mills West? See none. Miss Payne? No. Uh I would request a motion. Yes, go ahead, Mr. Direzze. >> Through the chair, I would like to make a motion um application CN-26-0013 located at 491 Elgin Mills Road West be approved subject to the terms and conditions in the city's staff report. >> Moved by Mr. Direzze, seconded by Mr. Gossie. All in favor? Unanimous approval. Thank you, sir. Have a good evening. >> much. Appreciate it. >> You're welcome. Uh do we have any other business tonight other than the minutes? >> Uh through the chair, no, there's no new business. >> Okay. So, I would let Mr. Direzze deal with the minutes. >> Okay. Um are there any uh comments from our members on the minutes? Any changes, corrections? Okay. In that case, I would ask a motion for adoption of the minutes, please. Member Payne. >> To adopt minutes of the meeting held on October 8th, 2020. >> Thank you for that. Moved by member Payne, seconded by member Kalbassi. All in favor? Minutes adopted. >> Any other business? >> Through you, Mr. Chair, just adjournment. >> Wow. I need a motion to adjourn. >> to adjourn. >> I'm sorry, I interrupted. My apologies. Um, I just wanted to clarify through our secretary-treasurer if the motion presented by member Payne, as she wasn't here for the minutes, is still okay? >> Um, good point. >> So, her vote doesn't count. >> My sincere apologies, member Payne. I just don't want to have to come back to >> Uh, thank you, member Kalbassi. Um, let me double-check the rules, but I do believe she can make the motion, just not vote. >> I see. >> Have her vote recorded. >> Okay. >> Uh, you do not have to be >> Oh, I did actually. >> Oh, you did. >> Consider it your minutes. >> Through you, Mr. Chair, very impressive. I just want to call that out. >> I just wanted to stall the meeting. Um, through the chair, uh, for member Kalbassi, the motion stands, but, uh, member Payne's vote would not be counted. >> Thank you. >> Thank you. >> Through you, Mr. Chair, I'd like to make a motion to adjourn this meeting. >> Moved by Mr. Gosi. No one wants to second. Miss Kalbassi has seconded. The meeting is officially adjourned. Thank you, everyone.