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HomeMy WebLinkAboutFebruary 18, 2015 Cali o� Committee of Adjustment Meeting Minutes '°3 r Wednesday, February 18, 2015 I 1 1 7:00 pm Main Committee Room Present: Tom Copeland —Vice-Chair David Johnson — Chair Eric Newton Sean Wiley Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Denise Rundle (I) Appointment of Chair • Moved by Eric Newton Seconded by Tom Copeland That David Johnson be appointed as Chair for the 2015 term. Carried Unanimously (II) Appointment of Vice Chair Moved by Eric Newton Seconded by Sean Wiley That Tom Copeland be appointed as Vice-Chair for the 2015 term. Carried Unanimously (III) Appointment of Secretary-Treasurer Moved by Eric Newton Seconded by Sean Wiley That Melissa Markham be appointed as Secretary-Treasurer. Carried Unanimously Page of 12 City o0 = Committee of Adjustment Meeting Minutes Wednesday, February 18, 2015 IININi [ 7:00 pm Main Committee Room (IV) Appointment of Assistant Secretary-Treasurers Moved by Eric Newton Seconded by Tom Copeland That Lesley Dunne and Devin Poole be appointed as Assistant Secretary- Treasurers. Carried Unanimously (V) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the agenda for the Wednesday, February 18, 2015 meeting be adopted. Carried Unanimously (VI) Adoption of 2015 Meeting Schedule Moved by Tom Copeland Seconded by Eric Newton That the Committee of Adjustment Meeting Schedule for 2015 be adopted. Carried Unanimously (VII) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 2nd meeting of the Committee of Adjustment held Wednesday, January 28, 2015 be adopted. Carried Unanimously • Page 2 of 12 Cali o� Committee of Adjustment Meeting Minutes 3 -- -F Wednesday, February 18, 2015 7:00 pm Main Committee Room VIII Re (VIII) Reports p 1. (Tabled at the January 28, 2015 meeting) . P/CA 06/15 M. Modica 557 Marksbury Road Moved by Eric Newton Seconded by Tom Copeland That application P/CA 06/15 by M. Modica be lifted from the table: Carried Unanimously The applicant requests relief from the following provisions of Zoning By-law 2511: • to permit a minimum front yard depth of 7.3 metres; whereas the by-law requires a minimum front yard depth of 7.5 metres • to permit a minimum north side yard width of 1.2 metres; whereas the by-law requires a minimum side yard width of 1.5 metres • to recognize an existing flankage side yard width of 1.1 metres to the ground floor of the existing dwelling and to permit a minimum flankage side yard width of 2.7 metres to a proposed second storey; whereas the by-law requires a minimum side yard width of 4.5 metres • to permit uncovered steps not exceeding 1.7 metres in height to project a maximum of 1.4 metres into the required flankage side yard from the proposed addition; whereas the by-law permits uncovered decks or platforms not exceeding 1.0 metre in height to project a maximum of 1.0 metre into the required flankage side yard • to permit a covered porch to project a maximum of 1.0 metre into the required front yard; whereas the by-law permits uncovered decks or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required front yard • to permit a maximum lot coverage of 37 percent; whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain a building permit to demolish portions of the existing single-storey dwelling and reconstruct a new two-storey dwelling. Page 3 of 12 �Ztq o0 Committee of Adjustment Meeting Minutes ue Wednesday, February 18, 2015 I I 7:00 pm Main Committee Room The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no objections to the proposed development. The revised grading plan demonstrates that grading can be completed without creating a negative impact on adjacent properties. The applicant must provide a common swale along the north property line. Marco Modica, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Marco Modica explained the swale along the north property line will be provided for drainage of the site. Moved by Tom Copeland Seconded by Eric Newton That application P/CA 06/15 by M. Modica, be Approved on the grounds that a minimum front yard depth of 7.3 metres, a minimum north side yard width of 1.2 metres, an existing flankage side yard width of 1.1 metres to the ground floor, a minimum flankage side yard width of 2.7 metres to a proposed second storey, uncovered steps not exceeding 1.7 metres in height to project a maximum of 1.4 metres into the required flankage side yard, a covered porch to project maximum of 1.0 metre into the required front yard and a maximum lot coverage of 37 percent are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed two-storey detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant provides a grading plan to the satisfaction of the Engineering & Public Works Department which illustrates the removal of the existing retaining wall, located on the north side of the property or the decision affecting the north side yard width variance shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by February 17, 2017 or this decision shall become null and void. Carried Unanimously • Page 4 of 12 �1ty o0 Committee of Adjustment ���_., � � ` _ Meeting Minutes Wednesday, February 18, 2015 I � 7:00 pm Main Committee Room 2. P/CA 07/15 D. & C. Kokkotas 1820 Appleview Road The applicant requests relief from Zoning By-law 3036, to permit a minimum south side yard width of 1.4 metres; whereas the by-law requires a minimum side yard width of 1.8 metres on both sides, where a garage is attached to a dwelling. The applicant requests approval of this variance in order to obtain a building permit to construct a two-storey detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending refusal. The Secretary-Treasurer also outlined if the applicant were to amend the application to allow a south side yard width of 1.5 metres, staff recommendation would be approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Nick Racanelli, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Nick Racanelli provided an overview of site plan drawings he submitted to the Committee Members. The drawings illustrated the difference between a 1.43 metre south side yard width, being proposed, and a 1.5 metre south side yard width. He also stated the proposed detached dwelling is a custom built home that provides larger rooms, double car garage which provides a more marketable product. He stated that his clients wanted to maintain a large setback beside the proposed garage to provide access to the rear yard. Five letters of support from surrounding neighbours were also provided for the Committee Members to review. Nick Racanelli stated that his clients would prefer the 1.4 metre south side yard setback but could revise the plan to accommodate a 1.5 metre setback. Moved by Eric Newton Seconded by Sean Wiley That amended application P/CA 07/15 by D. & C. Kokkotas, be Approved on the grounds that minimum south side yard width of 1.5 metres is minor in nature that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following conditions: Page 5 of 12 �tcl o0 == Committee of Adjustment Meeting Minutes Wednesday, February 18, 2015 I I 7:00 pm Main Committee Room 1. That this variance applies only to the proposed detached dwelling that will be revised to reflect the 1.5 metre setback, as generally outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by February 18, 2016, or this decision shall become null and void. Carried Unanimously 3. David Johnson, Committee Member, stated that he has known the agent for application P/CA 08/15 for many years, however that would not impact his decision on the application. P/CA 08/15 1154786 Ontario Ltd. 1438 Rougemount Drive The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-laws 2912/88: • to permit a minimum front yard depth of 11.9 metres; whereas the by-law requires a minimum front yard depth of 15.0 metres • to permit a covered porch to project a maximum of 1.8 metres into the required front yard; whereas the by-law permits uncovered decks or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required front yard, and • to permit a minimum north side yard width of 1.5 metres; whereas the by-law requires a minimum side yard width of 1.8 metres The applicant requests approval of these variances in order to obtain a building permit to construct a two-storey dwelling. The Secretary-Treasurer outlined the staff recommendation from the-City Development Department recommending the application be deferred. Written comments were received from Marc Charette of 1450 Rougemount Drive in favour of the application. Written comments were received from Simon Hunter of 1436 Rougemount Drive in objection to the application. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Page 6 of 12 • City oO =' Committee of Adjustment Meeting Minutes '�' '' :FT ' Wednesday, February 18, 2015 ISt1i [ 7:00 pm Main Committee Room Correspondence received from Simon Hunter expressed several concerns with the proposed dwelling; too wide for the subject property; window and door openings should not be permitted on the south side; the condition of vehicular access and servicing easement if development is too close to the right-of-way; provide appropriate fencing to protect the existing south vehicular access; and overhang encroachment over the north easement. Kevin Cahill, agent, Tim Sanderson, owner, were present to represent the application. Simon Hunter of 1436 Rougemount Drive was present in objection to the application. Kevin Cahill stated that the location of the proposed dwelling is to preserve three large mature trees in the rear yard. He also stated that relocating the dwelling further from the front lot line will infringe on these trees and tree canopy that he is trying to preserve. Kevin Cahill spoke to a letter that was received by Cressman Tree Maintenance & Landscaping Ltd. which stated that if the proposed house was moved back any further, the first two trees would not be able to be preserved as there would be too much root loss. Simon Hunter expressed a concern with the size and location of the proposed dwelling stating that it is too close to his easement and the road. He was concerned that the construction of the.proposed dwelling too close to his easement would cause the access to his property to collapse and therefore he would not be able to access his property. He was also in opposition to the reduction in front yard setback. The Secretary-Treasurer explained that a tree inventory and preservation plan is required before a recommendation can be made for the Committee to consider. The letter, which was provided to the Committee Members, did not have enough detail to determine the impact of the proposed dwelling on the trees. Moved by Tom Copeland Seconded by Eric Newton That application P/CA 08/15 by 1154786 Ontario Ltd., be Deferred to allow the applicant to provide a tree inventory and preservation plan to the satisfaction of the City. This plan is required to be prepared by qualified persons and demonstrate whether the proposed location of the dwelling can accommodate the protection of existing mature trees currently located in the rear yard. Carried Unanimously Page 7 of 12 �tq o0 Committee of Adjustment Meeting Minutes Wednesday, February 18, 2015 7:00 pm Main Committee Room 4. P/CA 09/15 & P/CA 10/15 G. & R. Kerum 1423 Rougemount Drive P/CA 09/15 (Proposed Retained Parcel) The applicant requests relief from Zoning By-law 3036 as amended, to permit a minimum lot frontage of 15.2 metres and a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling, whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. P/CA 010/15 (Proposed Severed Parcel) The applicant requests relief from Zoning By-law 3036 as amended, to permit a minimum lot frontage of 15.2 metres and a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling, whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of these variances in order to create one additional lot through the Region of Durham Land Division Committee and obtain a building permit to construct a two-storey detached dwelling on the proposed severed parcel and to replace an existing dwelling with a new two-storey detached dwelling on the proposed retained parcel. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval for lot frontage subject to conditions and refusal for the minimum side yard width of 1.2 metres. The Secretary-Treasurer outlined if the applicant were to amend the minimum side yard width to 1.5 metres, staff recommendation would be approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Brian Moss, agent, was present to represent the application. Virginia & Jan Szott of 1421 Rougemount Drive and Luis Sinn of 1409 Rougemount Drive were present to obtain additional information. Brian Moss stated that an application for land severance for the subject lands has been tabled at the Durham Region Land Division Committee in order to prepare reports requested by the Toronto and Region Conservation Authority (TRCA). Page 8 of 12 t4 _=== Committee of Adjustment City o0 Committee of Adjustment Meeting Minutes - Wednesday, February 18, 2015 I WE 7:00 pm Main Committee Room That application P/CA 09/15 by G. & R. Kerum, be Refused on the grounds that the minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling is a major variance that is not considered to be desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. Carried Vote David Johnson opposed Eric Newton in favour Sean Wiley in favour Moved by Sean Wiley Seconded by David Johnson That application P/CA 09/15 by G. & R. Kerum, be Approved on the grounds that the minimum side yard width of 1.5 metres for the proposed retained parcel is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: Carried Vote David Johnson in favour Eric Newton opposed Sean Wiley in favour Moved by Eric Newton Seconded by Sean Wiley That application P/CA 10/15 by G. & R. Kerum, be Approved on the grounds that the minimum lot frontage of 15.2 metres for the proposed severed parcel to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That the variance apply only to the proposed lot configuration for the proposed severed parcel, as generally sited and outlined on the applicant's submitted plans. . Page 10of12 CItg a0 Committee of Adjustment i .„.--.-_:: Meeting Minutes 'i_" '_ " "'`'..;z- Wednesday, February 18, 2015 11 l 7:00 pm Main Committee Room 2. That the applicant obtains final clearance for Land Division Application LD 086/12 by February 17, 2016, or this decision shall become null and void. 3. That the applicant submits a preliminary site plan indicating proposed driveway locations to the satisfaction of the City's Engineering & Public Works Department. 4. That the applicant obtain a building permit for the proposed construction on the proposed severed parcel by February 17, 2017, or this decision affecting the proposed detached dwelling shall become null and void. and That application P/CA 10/15 by G. & R. Kerum, be Refused on the grounds that the minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling is a major variance that is not considered to be desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. Carried Vote David Johnson opposed Eric Newton in favour Sean Wiley in favour Moved by Sean Wiley Seconded by David Johnson That application P/CA 10/15 by G. & R. Kerum, be Approved on the grounds that the minimum side yard width of 1.5 metres for the proposed severed parcel is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: Carried Vote f David Johnson in favour Eric Newton opposed Sean Wiley in favour Page 11 of 12 City a0 Committee of Adjustment Meeting Minutes Wednesday, February 18, 2015 [SIII4iI[ 7:00 pm Main Committee Room (IX) Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 3rd meeting of the 2015 Committee of Adjustment be adjourned at 7:56 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 11, 2015. Carried Unanimously Date r r V- Chair — Assistant Secretary-Treasurer Page 12 of 12