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HomeMy WebLinkAboutOctober 3-ClftJ()f-p](KERJNG Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers That the agenda for the Wednesday, October 3, 2018 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday, September 12, 2018 be adopted as amended. Carried Unanimously Page 1 of 13 -C¾0f-p](KER]NG (Ill) Reports 1. (Tabled at the August 1, 2018 meeting) PICA 61118 D. Coleman & K. Campbell 565 Whitevale Road Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers That application PICA 61118 by D. Coleman & K. Campbell, be lifted from the table. Carried Unanimously The applicant requests relief from Zoning By-law 3037, as amended: • to permit a maximum accessory building height of 4.38 metres whereas the zoning by-law permits a maximum height of 3.5 metres The applicant requests approval of this variance in order to obtain a building permit for an existing accessory building (detached garage). 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 Services Department expressing no comments on the application. Dave Coleman, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Dave Coleman explained since the application was tabled at the August 1st meeting they have applied for a Heritage permit and it was presented to the Heritage Committee on August 22nd. Dave Coleman stated the Heritage Committee recommend that a revised· landscape plan be submitted to reduce the visual impact of the detached garage. He also stated that they have been working with City staff and have submitted a plan that reduces the gravel driveway to a single lane, new sod in the existing gravel area, and planting of trees along the driveway to reduce the visual impact of the garage. Dave Coleman also stated the maximum height is to accommodate personal use and will provide extra storage. In response to a question from a Committee Member, Dave Coleman stated the garage has been under construction for approximately 3 ½ years; and that they are not professional contractors and that a mistake was made by not obtaining a building permit. Page 2 of 13 -C~0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers In response to a question from a Committee Member, the Secretary-Treasurer · explained there will be final inspections of the landscaping once completed, this is part of the permit process. Due to reviewing the staff report and satisfied with comments received from the Heritage Committee, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application PICA 61118 by D. Coleman & K. Campbell, be Approved on the grounds that the requested variance 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: 1. That the variance apply only to the existing accessory building as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3, 4, 5, 6, & 7 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the construction by October 4, 2019. Carried Unanimously 2. (Deferred at the August 22, 2018 & September 12, 2018 meetings) PICA 65118 D. Bowler & M. Tayler 1305 Cornell Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 3385190: • to permit an accessory building (shed) to be located in the north side yard; whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard • to permit an accessory building (shed) greater than 1.8 metres in height to be setback a minimum of 0.31 of a metre from the north lot line; whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines • to recognize an accessory building (cabana) greater than 1.8 metres in height to be setback a minimum of 0.7 of a metre from the south lot line and 0.75 of a metre from the east lot line; whereas the by-law requires that accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines Page 3 of 13 -C1°f-Pl(KERlNG Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers The applicant requests approval of these variances in order to permit an accessory building (shed) in the side yard and to recognize an accessory building (cabana) in the rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Dep_artment recommending approval subject to conditions. David Saunders, agent, was present to represent the application. John Reid-Wilkinson of 2513 Linwood Street was present in objection to the application. David Saunders explained that since the last meeting on September 12th, City staff and Members of the Committee have done a site visit. John Reid-Wilkinson spoke to the correspondence previously submitted in opposition to the application. John Reid-Wilkinson questioned if the shed structure in its current position can be maintained then why was it necessary to trespass on his property to complete the back of the shed. John Reid-Wilkinson expressed several concerns that the fence needs to be replaced due to the adjustments that have been made by the applicant; the applicant has not provided any rationale on the location of the shed in the side yard; the shed is an invasion to sight lines and the visual impact may affect the resale value of his home. Due to reviewing the staff report, listening to residents' concerns, and being satisfied that the matter of impact on the neighbouring property is a private matter, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application PICA 65/18 by D. Bowler & M. Tayler, be Approved on the grounds that the requested variances 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 condition: 1. That these variances apply only to the existing accessory buildings (shed and cabana), as generally sited and outlined on the applicant's submitted plans and existing on the day of this decision (refer to Exhibit 2 contained in Committee of Adjustment Report dated September 12, 2018). Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley in favour in favour in favour in favour opposed Carried Page 4 of 13 -Cfit;0f-p](KERJNG 3. PICA 83118 M. Siwak 1700 Conacher Crescent Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 4365193 to permit a partially covered platform (deck) 0.25 metres in height above grade to project a maximum of 6.1 metres into the required rear yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height to project not more than 1.5 metres into any required front or rear yard. The applicant requests approval of this variance in order to obtain a building permit for a partially covered deck. The east portion of the deck will feature a roof, however the entire structure will be unenclosed. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were also received from residents of 1702 Conacher Crescent, 2359 Southcott Road, 2357 Southcott Road and 2355 Southcott Road in support of the requested variance. Margaret Siwak, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Margaret Siwak submitted letters of support for the Committee Members to review. In response to a question from a Committee Member, Margaret Siwak stated the construction started in May 2018. Due to the adequate space for maintenance and letters received in support of the application, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application PICA 83118 by M. Siwak, be Approved on the grounds that the requested variance 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: 1. That this variance apply only to the subject platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 4, 2019, or this decision shall become null and void. Carried Unanimously Page 5 of 13 -C1°f-p](KER]NG 4. PICA 84118 P. Chevelon & M. Ceraphin 1623 Dellbrook Avenue Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015185 to permit an existing covered platform (deck) not exceeding 1.0 metre in height above grade to project a maximum of 3.65 metres into the required rear yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit for an existing deck. 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 Services Department expressing no comments on the application. Phanor Chevelon, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Phanor Chevelon stated the deck was built in July 2017 and was not aware that a building permit was required. Moved by Eric Newton Seconded by Sean Wiley That application PICA 84118 by P. Chevelon & M. Ceraphin, be Approved on the grounds that the requested variance 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: 1. That this variance apply only to the existing covered platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 4, 2019, or this decision shall become null and void. Carried Unanimously Page 6 of 13 -C1°f-p](KER]NG 5. PICA 86118 J. & S. Dennis 355 Rouge Hill Court Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended, to permit an uncovered platform (deck), not exceeding 2.7 metres in height above grade to project a maximum of 0.5 metres into the required rear yard and a maximum of 0.4 metres into the required side yard; whereas the by-law permits uncovered platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard and not more than 0.5 metres into the required side yard. The applicant requests approval of this variance in order to obtain a building permit for the construction of an enclosed, uncovered platform (deck) in the side and rear yards. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were also received from the residents of 353 Rouge Hill Court expressing no objection to the approval of the application. Jeff Dennis, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Jeff Dennis stated the deck is in keeping with the surrounding neighbourhood. Jeff Dennis also stated there are no concerns from the residents of 353 Rouge Hill Court and he has received a letter of support. Moved by Eric Newton Seconded by Tom Copeland That application PICA 86118 qy J. & S. Dennis, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Offi_cial Plan and the Zoning By-law, subject to the following conditions': 1. That this variance apply only to the proposed uncovered platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 3, 2020, or this decision shall become null and void. Carried Unanimously Page 7 of 13 -C~0f-p](KERJNG 6. PICA 87/18 Duffins Point Inc. 2460 Brock Road Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3037, as amended by By-law 7642/18: • to permit an outdoor garden centre in association with a retail store, whereas the by-law does not permit an outdoor garden centre • to permit a patio area associated with a restaurant use to be partially located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists, whereas the by-law permits parking spaces for any uses in Section 5( 1) of the by-law to be located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists • to permit a drive-through queuing lane associated with a restaurant use to be partially located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists, whereas the by-law permits parking spaces for any uses in Section 5(1) of the by-law to be located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists The applicant requests approval of these variances in order to obtain site plan approval for a proposed commercial development. 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 Services Department expressing no comments on the application. Michael Brown, applicant, was present to represent the application. Enrico Pistritto of 2465 Brock Road was present in objection to the outdoor garden centre component of the application. Enrico Pistritto indicated that he is only opposed to the outdoor garden centre variance and feels that the Committee should not be dealing with this variance at this time. Enrico Pistritto stated he owns an outdoor garden centre across the street at 2465 Brock Road that has been there for over 40 years and feels it is not appropriate to have another garden centre in this location. Due to reviewing the staff report, listening to residents' concerns, and being satisfied that the four tests of the Planning Act are met, that the variances pertain to a small portion of the site and that agreements will be secured through site plan approval, Denise Rundle moved the following motion: Page 8 of 13 Moved by Denise Rundle Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers That application PICA 87118 by Duffins Point Inc., be Approved on the grounds that the requested variances 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 commercial development, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain site plan approval for the proposed commercial development, or this decision shall become null and void. Carried Unanimously 7. PICA 88118 K. & K. Mortley 848 Liverpool Road The applicant requests relief from Zoning By-law 2520, as amended: • to permit an uncovered platform (deck) not exceeding 1.2 metres in height above grade to project a maximum of 1.5 metres into the front yard and 0.3 metres into the side yard; whereas the by-law requires platforms not exceeding 1.0 metres in height above grade to project a maximum of 1.5 metres into any required front yard and not more than 1.0 metres in any required side yard • to permit accessory structures greater than 1.8 metres in height set back a minimum of 0.8 metres from all lot lines; whereas the by-law requires accessory structures greater than 1.8 metres in height to be set back a minimum of 1.0 metres from all lot lines The applicant requests approval of these variances in order to obtain a building permit for the construction of an uncovered platform (deck) in the side yard and to recognize an existing legally nonconforming accessory structure (shed). 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 Services Department expressing no comments on the applic'ation. Spencer Joy, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 9 of 13 -C~0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers In response to questions from Committee Members, Spencer Joy stated the new deck is smaller and confirmed there is space around the shed for maintenance. Due to the adequate space for maintenance around the shed, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application PICA 88118 by K. & K. Mortley, be Approved on the grounds that the requested variances 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 uncovered platform (deck) and existing accessory structure (shed), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 3, 2020, or this decision shall become null and void. 8. PICA 89118 R. Willis & L. Kowalenko 668 Pleasant Street Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended: • to permit a minimum north side yard width of 1.7 metres, whereas the by-law requires 2.4 metres • to recognize an uncovered platform projecting a maximum of 4.0 metres into the north side yard, where as the by-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade may project not more than 1.0 metre into any required side yard The applicant requests approval of these variances in order to obtain a building permit to construct a sunroom. The Chair advised that application PICA 89118 by R. Willis & L. Kowalenko has been Withdrawn. Page 10 of 13 -C1°f-p](KER]NG 9. PICA 90/18 K. Ngo 862 Fairview Avenue Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 2520, as amended to permit a minimum rear yard depth of 5.0 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this minor variance application in order to obtain a building permit for the completion of a sunroom addition currently under construction. 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 Services Department expressing no comments on the application. Nuno Barbosa, agent, was present to represent the application. Brian Anderson of 858 Fairview Avenue and Andrew Barkhouse of 856 Douglas Avenue were present in objection to the application. Nuno Barbosa advised that the variance before the Committee is the same variance that was approved by the Committee on March 28, 2018. As the applicant could not satisfy the condition of approval requiring the maximum height of the proposed one-storey addition from grade to be 12 feet, the March decision is null and void. Nuno Barbosa indicated that due to site conditions at that time it was difficult for the architect to determine the maximum height. Brian Anderson, owner of the property to the west, indicated that he thought this most recent variance was about height, and has concerns that the grade has been raised, fill has been brought in, and that the fence on the shared property line is listing. Brian Anderson's objective is to have no water or dirt coming onto his property and to have a new fence erected. · Nuno Barbosa indicated that the City has yet to give final grading approval and that he is willing to revise the grading as may be required by the City. Andrew Barkhouse, owner of the property to the north, indicated that construction continued despite City inspection regarding grading and drainage. Due to hearing information provided by the applicant and concerns raised by the neighbours, recalling that the Committee previously tried to address height concerns while recognizing that the variance before the Committee is a variance to the minimum rear yard requirement and also recognizing that the City requires drainage from new development to be contained on site, Denise Rundle moved the following motion: Page 11 of 13 -C~of-p](KER]NG Moved by Denise Rundle Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers That application PICA 90118 by K. Ngo, be Approved on the grounds that the rear yard depth of 5.0 metres 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: 1. That this variance apply only to the subject sunroom addition, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 3 2019, or this decision shall become null and void. Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley 10. PICA 91118 opposed in favour in favour in favour opposed Mattamy (Seaton) Limited Part of Block 96, Plan 40M-2632 Carried The applicant requests relief from Zoning By-law 7364114: • to permit a minimum front yard setback of 2.5 metres, whereas the by-law requires a minimum front yard setback of 3.0 metres • to permit a minimum flankage yard setback of 1.8 metres, whereas the by-law requires a minimum flankage yard setback of 2.4 metres The applicant requests approval of these variances in order to obtain a building permit for the construction of a back-to-back townhouse dwelling. 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 Services Department expressing no comments on the application. Liana Dimaranan, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 12 of 13 -C~0/-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers In response to a question from a Committee Member, the Secretary-Treasurer explained the City's Zoning Examiner has reviewed the entire site plan and has identified that only this lot requires a variance. Moved by Tom Copeland Seconded by Sean Wiley That application PICA 91/18 by Mattamy (Seaton) Limited, be Approved on the grounds that the requested variances 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 back-to-back townhouse dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construct.ion by October 5, 2020, or this decision shall become null and void. Carried Unanimously (IV) Adjournment Date Chair Moved by Eric Newton Seconded by Tom Copeland That the 13th meeting of the 2018 Committee of Adjustment be adjourned at 8:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 24, 2018. Carried Unanimously Assistant Secretary-Treasurer Page 13 of 13