HomeMy WebLinkAboutMay 8, 2019-CiqJ0/-p](KERJNG Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Samantha O'Brien, Assistant Secretary-Treasurer (I) Disclosure of Interest No disclosures of interest were noted. (11) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment· Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers That Item #6 be moved forward, and that the revised agenda for the Wednesday, May 8, 2019 meeting be adopted. (Ill) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, April 10, 2019 be adopted as amended. Carried Unanimously Page 1 of 10
-C£%of-p](KERJNG (IV) Reports 1. (Deferred from the April 10, 2019 Meeting) PICA 20119 K. Arndt & B. Greer 1954 Fairport Road Committee of Adjustment Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended, to permit an accessory building (detached garage) with a maximum height of 6.7 metres, whereas the by-law states no accessory building shall exceed a height of 3.5 metres in any residential zone. The applicant requests approval of this variance in order to recognize an existing detached garage. The Chair acknowledged that application PICA 20119 by K. Arndt & B. Greer has been Withdrawn and Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application PICA 20119 by K. Arndt & B. Greer, be Withdrawn on the grounds that the requested variance has been determined by staff to no longer be required. 2. PICA 21119 Gironde Community Development Inc. 1711 Pure Springs Boulevard Carried Unanimously The applicant requests relief from Zoning By-law 3037, as amended by By-law 7218112 to permit: • a minimum front yard setback of 1.8 metres, whereas the by-law requires 2.0 metres • a minimum side yard width of 2.85 metres, whereas the by-law requires 3.0 metres The applicant requests approval of these variances in order to obtain building permits to facilitate the construction of a common element condominium 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. Page 2 of 10
Committee of Adjustment Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers Joseph Pavia, agent, 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, Joseph Pavia stated the requested minor variance application was brought forward when the As-Built drawings submitted for the building permit process revealed a minor discrepancy from the approved site plan. Given that the application appears to be minor as indicated in the report and as described by the agent in answers to questions from Committee Members, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application PICA 21/19 by Gironde Community Development 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 common element condominium, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Reported dated May 8, 2019). 2. That the applicant obtain a building permit for the proposed construction by May 8, 2020, or this decision shall become null and void. Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley opposed in favour in favour in favour in favour Carried Page 3 of 10
-C~6f-p](KER]NG 3. PICA 22119 S. Patel 3395 Uxbridge-Pickering Townline Road Committee of Adjustment Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640106 to permit: • an accessory building (storage building) to be erected in the front yard, whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard • an accessory building (storage building) to be erected in the east 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 The applicant requests approval of these variances in order to obtain a building permit to facilitate the construction of an accessory building (storage building). 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. Shetukumar Patel, 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 a Committee Member, Shetukumar Patel stated the purpose of the storage building is not to run a business, rather to store vehicles and various seasonal yard working equipment, such as lawn mowers, tractors and attachments. Given that the application meets the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application PICA 22119 by S. Patel, 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: Page 4 of 10
-CiqJ0/-p](KERlNG Committee of Adjustment Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers 1. That these variances apply only to the accessory building (storage building), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Reported dated May 8, 2019). 2. That the applicant obtain a building permit for the proposed construction by May 7, 2021, or this decision shall become null and void. 4. PICA 23/19 C. & J. Alexander 676 Balaton Avenue Carried Unanimously The applicant requests relief from Zoning By-law 2520, as amended by By-law to permit: • a minimum rear yard setback of 4.0 metres, whereas the by-law requires a minimum rear yard setback of 7.5 metres (Section 8.2.3) • a maximum lot coverage of 34 percent, whereas the by-law requires a maximum lot coverage of 33 percent (Section 8.2.5) • uncovered steps and a covered porch not exceeding 1.1 metres in height above grade and not projecting more than 3.0 metres into the required front yard, whereas the by-law requires uncovered steps or platforms not exceeding 1 metre in height above grade and not projecting more than 1.5 metres into any required front yard nor 1 metre into any side yard (Section 5.8.b) • an uncovered deck not exceeding 2.5 metres in height above grade and not projecting more than 4.5 metres into the required rear yard, whereas the by-law requires uncovered steps or platforms not exceeding 1 metre in height above grade and not projecting more than 1.5 metres into any required front yard nor 1 metre into any side yard (Section 5.8.b) • uncovered steps and platform not exceeding 2.5 metres in height above grade and not projecting more than 1.0 metre into the east side yard, whereas the by-law requires uncovered steps or platforms not exceeding 1 metre in height above grade and not projecting more than 1.5 metres into any required front yard nor 1 metre into any side yard (Section 5.8.b) Page 5 of 10
-Cdt)of-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers • uncovered steps and platform not exceeding 2.5 metres in height above grade and not projecting more than 1.0 metre into the west side yard, whereas the by-law requires uncovered steps or platforms not exceeding 1 metre in height above grade and not projecting more than 1.5 metres into any required front yard nor 1 metre into any side yard (Section 5.8.b) The applicant requests approval of these variances in order to obtain a building permit for a residential addition, including a sunroom, covered porch and uncovered deck. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the Toronto and Region Conservation Authority expressing no concerns with the application. Written comments were received from the City's Engineering Services Department stating the subject property is within the City's Tree Protection Area, and therefore a permit is required to remove any trees. Written comments were also received from residents of 678 Balaton Avenue who asked the applicants to consider a reconfiguration of the submitted site plan to allow the current site line views of the park be maintained. James & Catherine Alexander, applicants, were present to represent the application. John & Noreen Wills of 678 Balaton Avenue were present in opposition to the application. No further representation was present in favour of or in objection to the application. James Alexander spoke in support of the application stating the property is to be maintained as a bungalow style dwelling with a 10 foot cement pad extension at the rear of the property. He went on to state that he has been working with the Toronto and Region Conservation Authorities to obtain a permit, as well as the City of Pickering to obtain a tree removal permit, that may not be required. James Alexander also noted the existing shed will be relocated to the south west region of the property near the trees to comply with all by-law requirements and existing easement. John Wills stated his property is located west of the subject lands, and indicated he is opposed to the application. He is concerned that the proposed sunroom includes a roof and walls, and will obstruct his view of the pond. In response to questions from the Committee, James Alexander stated the sunroom is 16.8 feet wide and 13.6 feet deep into the rear yard. When asked about the ability to relocate the sunroom to the east side, James Alexander stated the proposed location of the sunroom is optimal for the entire floorplan and the design of the existing dwelling. He also indicated there are no future plans for additional construction or to have the deck enclosed. Page 6 of 10
Committee of Adjustment Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers Given that the Committee heard from the neighbour about concerns related to their currently open view of the vacant lands and beyond, the proposed sunroom addition would still be in view if built in conformity with the rear yard setback requirement and the requested variance is reasonable given the vacant lands at the rear. There were also no objections to the proposed 1 % increase in coverage of the front, rear and side step encroachments required due to the shape of the lot. It is for these reasons and consideration that the application meets the four tests in the Planning Act that Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Tom Copeland That application PICA 23119 by C. & J. Alexander, 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 residential addition, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4 contained in the Committee of Adjustment Reported dated May 8, 2019). 2. That the applicant obtain a building permit for the proposed construction by May 7, 2021, or this decision shall become null and void. 5. PICA 24119 G. EI-Saikali 1977 Valley Farm Road Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 2051185 to permit zero private garages to be attached to the main building, whereas the by-law requires a minimum of one private garage per lot to be attached to the main building. The applicant requests approval of this variance in order to obtain a building permit to facilitate the conversion of an attached garage into living space. 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. Page 7 of 10
-C~6f-p](KER1NG Committee of Adjustment Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers Gergi EI-Saikali, applicant, was present to represent the application. Arlene McCluskey of 1981 Valley Farm Road was also present in support of the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Gergi EI-Saikali stated there is only one family residing at this residence. He also indicated the existing garage is approximately 15 feet by 22 feet. When questioned if the applicant has the right to access over the easement located on the south of the property, the Secretary-Treasurer indicated that there was no information on file pertaining to the easement. Given that the application meets the four tests of the Planning Act, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application PICA 24119 by G. EI-Saikali, 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 dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Reported dated May 8, 2019). 2. That the applicant obtain a building permit for the proposed construction by May 8, 2020, or this decision shall become null and void. 6. PICA 25119 W. & S. Douglas 3230 Mulberry Lane Carried Unanimously The applicant requests relief from Zoning By-law 3037, to permit: • a detached garage in the side and front yard, whereas the by-law requires all accessory buildings which are not part of the main building shall be erected in the rear yard (Section 5.18(a)) Page 8 of 10
-Cift;0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers • a detached garage with a height of 4 metres in a residential zone, whereas the by-law requires no accessory building shall exceed a height of 3.5 metres in any residential zone (Section 5.1 S(c)) The applicant requests approval of these variances in order to obtain a building permit to construct a 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. Jasper Horn, agent, 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, Jasper Horn stated the existing garage is 16 feet wide by 24 feet deep, and is designed to house one service vehicle. He indicated the only service utility connection in the garage is electricity for the automatic door. Jasper Horn also stated it is approximately 30 metres from Mulberry Lane. Given the agent's response to the questions posed and the minor variances meeting the four tests of the Planning Act, Tom Copeland moved the followed motion: Moved by Tom Copeland Seconded by Sean Wiley That application PICA 25/19 by W. & S. Douglas, 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 detached garage, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in the Committee of Adjustment Reported dated May 8, 2019). 2. That the applicant obtain a building permit for the proposed construction by May 7, 2021, or this decision shall become null and void. Carried Unanimously Page 9 of 10
-C~6f-p](KERJNG (V) Adjournment Moved by Eric Newton Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, May 8, 2019 7:00 pm Council Chambers That the 5th meeting of the 2019 Committee of Adjustment be adjourned at 7:44 pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 12, 2019. Carried Unanimously Date Chair Page 10 of 10