Department of
Community
& Development Services
Telephone (905) 468-3266
Facsimile (905) 468-0301
1593 Four Mile Creek Road
P.O. Box 100
Virgil, Ontario
L0S 1T0
Submitted on:
November 01, 2011
Report:
CDS-11-096
Report To:
Community & Development Advisory Committee
Subject:
Ontario Municipal Board Hearing Appeal
Committee of Adjustment Minor Variance Application Decision 16 Wilberforce Avenue
1. RECOMMENDATION
It is respectfully recommended that:
1.1. Council retain legal counsel and a professional planner to support the Committee of Adjustment’s decision to refuse Minor Variance Application A-32/11 for 16 Wilberforce Avenue at an Ontario Municipal Board (OMB) Hearing scheduled for January 11, 2012.
2. PURPOSE / PROPOSAL
The purpose of this Report is to obtain Council's direction with respect to legal and planning representation to support a Committee of Adjustment decision on a Minor Variance application that the Committee refused. The applicant appealed the Committee of Adjustment decision to the Ontario Municipal Board (OMB) and a one day hearing is scheduled for January 11, 2012.
3. BACKGROUND
The Minor Variance application A-32/11 to increase the maximum height permitted at 16 Wilberforce Avenue was considered by the Committee of Adjustment on August 18, 2011. Planning staff supported the application. The Committee heard from the applicant as well as from owners of neighbouring properties.
Based on the information received, the Committee of Adjustment refused the application on the basis that the variance is not appropriate development of the lands because the new construction will overwhelm existing homes as the proposed house would be taller than most of the houses along the block face.
A copy of the staff report, minutes of the Committee hearing and the Committee's decision are attached as Appendix A, B and C.
4. DISCUSSION / ANALYSIS
This is a situation where the Committee of Adjustment decision is not supported by the staff recommendation and as a result will require outside professional planning expertise to support its position at the hearing in addition to legal counsel. Staff supported the application for Minor Variance and anticipate being called under summons by the applicant to attend the hearing.
In the past Council has supported the Committee of Adjustment at OMB hearings by retaining legal counsel and on occasion has retained planning expertise. Staff acknowledge that it is important to the have the Committee of Adjustment represented at hearings and can support hiring of legal counsel and planning expertise to do so.
5. FINANCIAL IMPLICATIONS
Staff estimate that the costs of providing both legal and professional planning expertise at the upcoming one day OMB Hearing to support the Committee of Adjustment decision will be between $12,000 - $15,000.
6. COMMUNICATIONS
Should Council support the recommendation to obtain legal and professional planning expertise, staff will provide the Town solicitor with the file material. In addition, staff will obtain estimates from professional planning consultants in accordance with the procedures provided for by the Town Purchasing By-law.
7. CONCLUSION
A one day hearing has been scheduled for January 11, 2012 to hear an appeal of the Committee of Adjustment decision to refuse the Minor Variance application to increase the maximum height permitted at 16 Wilberforce Avenue. In principle, Staff support having the Committee of Adjustment's decision represented at the OMB hearing.
Respectfully submitted,
Barbara Wiens, MCIP, RPP
Principal Planner
Milena Avramovic
Director of Community & Development Services
Mike Galloway
Chief Administrative Officer
ATTACHMENTS
COA Decision_001.pdf
Staff Report_001.pdf
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