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Schools January 31, 2007
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Neighbour appealing temporary building at Country Day School to OMB
By Bill Rea

Officials at Country Day School are finding their plans to erect an airsupported structure over a playing field are running into opposition.

King's Committee of Adjustment approved a minor variance for the proposal, but one neighbour is appealing it to the Ontario Municipal Board (OMB). The Township has not yet taken a position on the matter..

The structure approved in the variance is to be temporary; slated to be in place three years. It will be about 50 feet in height, and in addition to covering the field, it is to contain washrooms and an office. The plan is to put it on the school property about 70 feet east of Dufferin Street.

Planners reported the property is within the Oak Ridges Moraine Conservation Plan, as well as in an agricultural policy area of York Region's Official Plan. It's designation in the Township's Official Plan is rural, and has an institutional zoning.

Planners said officials of the school met with them prior to applying for the variance, and they were told the proposal did not comply with the zoning in terms of location and height.

As well, planners sent a memo to the committee, suggesting conditions if the variance were approved, including that the structure only be allowed for three years after site plan approval.

The planning report explained the department normally does not send reports to the committee, although sometime additional information is seen to be appropriate, and that was the case with the memo.

They explained that the Planning Act spells out the criteria for an adjustment committee approving a minor variance. They include making sure the application meets with the general intent of the Official Plan, maintains the general intent and purpose of the zoning, is desirable for the appropriate development or use of the site, and that it's minor.

Planners said the committee evidently decided the application met the criteria, but area resident J. Robert Madronich did not agree, as he has filed an appeal with OMB.

"The proposed location is not good planning," he declared in his appeal form, a copy of which was included in the agenda package at the Jan. 15 council meeting. He added there are ample locations behind the existing buildings, and stated there was discrepancies regarding the size of trees that would screen the structure, and there were no specifics about the noise of light emanating from it.

"This accessory airsupported structure will dominate the landscape and surrounding attractive buildings," Madronich stated, as he argued the variance is not minor.

There were also letters from other Dufferin Street residents supporting the appeal.

Councillor Jeff Laidlaw also voiced support for the appeal, arguing the variance didn't seem minor to him. "This is fairly major in my books," he remarked.

Councillor Jane Underhill agreed.

"I do not consider this application to be minor,' she commented, adding the criteria set out in the planning report didn't properly define "minor."

Planning Director Stephen Kitchen said they were taken directly from the Planning Act.

Underhill also thought this issue should have gone to council instead of the committee, with a site plan, but Mayor Margaret Black pointed out anyone can make application to the committee.

Underhill also charged this won't conform with the moraine plan.

Kitchen also told her that council will be able to comment at the site plan stage, but pointed out issues like height and location would have already been decided by then. While the moraine plan rules would have to be met, as appropriate, Kitchen also said.