Members of Development Services Committee voted on Monday to make improvements so that the type of problem that occurred at Greenhill Ave./Wilson Rd N. is corrected. A Notice of a Committee of Adjustment meeting needs to be VISIBLE to Oshawa residents. The small-sized Notice for tonight's Application for a mixed-use development project at Wilson Rd. N. and Greenhill Avenue was posted 20 feet away, behind both a snow fence and an orange chain link fence. The expression 'adding insult to injury' comes to mind.
Area residents deserve an open and transparent process. The inadequate Notice given in this situation has been especially problematic given the concerns neighbours are raising related to the placement of a 2 storey commercial/residential building on the lot (consisting of around 8 commercial main floor units and 13 unit 2nd floor residential units). Concerns that include for example:
1. the two-storey building extending from the eastern site limit and wrapping around the corner to the southern site limit, with the drive-in access from Wilson Rd. under the residential units pushes the building 5 feet nearer to Wilson Rd and 5 feet closer to Greenhill Ave, an increasingly busy intersection with a history of accidents. This placement of the building on the site has the large surface parking lot completely behind the building hidden from public view. This closed-in parking lot many see as susceptible to safety and security issues - attracting nuisance and disturbance activities or criminal incidents affecting the well-being of the community and even leaving the police attempting enforcement vulnerable to ambush; and
2) that the exterior stucco and glass cladding is not in keeping with the brick and mortar of the neighbourhood.
The Committee of Adjustment consists of Oshawa residents appointed by Council to review minor variance applications. The minor variance does not change the zoning of a property. It will only allow for minor relief from specific requirements of the Zoning By-law in order to obtain a building permit.
The Committee of Adjustment members have authority under the Ontario Planning Act to consider variance applications and must satisfy themselves that the application meets 4 tests:
1. Is the application MINOR in nature?
- How it impacts the neighbourhood
- How it impacts the subject lands
- Not a numeric value
- Size as well as impact should be considered in the assessment
2. Is the application APPROPRIATE?
- Is the application in keeping with the neighbourhood
- Does it permit development that is good for the Municipality?
- Does the variance allow proper use of the property?
3. Does the application meet the intent of the ZONING BY-LAW?
- What is the purpose of the requirement for which a variance is being applied
- Is the purpose of that requirement still being maintained if the variance is granted
- Is the purpose of the standards in the Zoning By-law being considered
4. Does the application meet the intent of the OFFICIAL PLAN?
- Is the use in keeping with the policies of the Official Plan
- Is the application considerate of the surrounding environment, both natural and man made
- What is the effect on policy discretion and long term goals of the Official Plan
Here is a detailed guide to objecting to a Minor Variance (although it is from 2011 and the Planning Act has been revised since then it still contains some good points) https://glebeca.ca/wp-content/uploads/2016/04/Guide-for-Objecting-to-a-Minor-Variance.pdf
The minor variance requires it to be in keeping with Oshawa's Zoning By-law https://www.oshawa.ca/uploads/18/Zoning_By-law_60-94.pdf?ts=637587466434325952 and Oshawa's Official Plan https://www.oshawa.ca/business-and-investment/resources/City-of-Oshawa-Official-Plan.pdf
Area residents deserve an open and transparent process. The inadequate Notice given in this situation has been especially problematic given the concerns neighbours are raising related to the placement of a 2 storey commercial/residential building on the lot (consisting of around 8 commercial main floor units and 13 unit 2nd floor residential units). Concerns that include for example:
1. the two-storey building extending from the eastern site limit and wrapping around the corner to the southern site limit, with the drive-in access from Wilson Rd. under the residential units pushes the building 5 feet nearer to Wilson Rd and 5 feet closer to Greenhill Ave, an increasingly busy intersection with a history of accidents. This placement of the building on the site has the large surface parking lot completely behind the building hidden from public view. This closed-in parking lot many see as susceptible to safety and security issues - attracting nuisance and disturbance activities or criminal incidents affecting the well-being of the community and even leaving the police attempting enforcement vulnerable to ambush; and
2) that the exterior stucco and glass cladding is not in keeping with the brick and mortar of the neighbourhood.
The Committee of Adjustment consists of Oshawa residents appointed by Council to review minor variance applications. The minor variance does not change the zoning of a property. It will only allow for minor relief from specific requirements of the Zoning By-law in order to obtain a building permit.
The Committee of Adjustment members have authority under the Ontario Planning Act to consider variance applications and must satisfy themselves that the application meets 4 tests:
1. Is the application MINOR in nature?
- How it impacts the neighbourhood
- How it impacts the subject lands
- Not a numeric value
- Size as well as impact should be considered in the assessment
2. Is the application APPROPRIATE?
- Is the application in keeping with the neighbourhood
- Does it permit development that is good for the Municipality?
- Does the variance allow proper use of the property?
3. Does the application meet the intent of the ZONING BY-LAW?
- What is the purpose of the requirement for which a variance is being applied
- Is the purpose of that requirement still being maintained if the variance is granted
- Is the purpose of the standards in the Zoning By-law being considered
4. Does the application meet the intent of the OFFICIAL PLAN?
- Is the use in keeping with the policies of the Official Plan
- Is the application considerate of the surrounding environment, both natural and man made
- What is the effect on policy discretion and long term goals of the Official Plan
Here is a detailed guide to objecting to a Minor Variance (although it is from 2011 and the Planning Act has been revised since then it still contains some good points) https://glebeca.ca/wp-content/uploads/2016/04/Guide-for-Objecting-to-a-Minor-Variance.pdf
The minor variance requires it to be in keeping with Oshawa's Zoning By-law https://www.oshawa.ca/uploads/18/Zoning_By-law_60-94.pdf?ts=637587466434325952 and Oshawa's Official Plan https://www.oshawa.ca/business-and-investment/resources/City-of-Oshawa-Official-Plan.pdf
