HomeMy WebLinkAboutSeptember 11, 2019DICKERING
Gil,
Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
Present
Tom Copeland — Vice -Chair
David Johnson — Chair
Eric Newton
Sean Wiley
Also Present
Deborah Wylie, Secretary -Treasurer
Samantha O'Brien, Assistant Secretary -Treasurer
Absent
Denise Rundle
1. Disclosure of Interest
No disclosures of interest were noted.
2. Adoption of Agenda
Moved by Tom Copeland
Seconded by Eric Newton
That the revised agenda for the Wednesday, September 11, 2019 meeting be adopted.
Carried Unanimously
Adoption of Minutes
Moved by Eric Newton
Seconded by Tom Copland
That the minutes of the 8th meeting of the Committee of Adjustment held
Wednesday, August 14, 2019 be adopted, as amended.
Carried Unanimously
David Johnson, Chair stated that he will abstain from voting on all applications heard for
the Wednesday, September 11 2019 Committee of Adjustment meeting in order to
prevent a tie vote.
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DICKERING
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
4. Reports
4.1 P/CA 47/19
R. & T. Skripka
1042 Longbow Drive
The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85
to permit a rear yard depth of 5.5 metres, whereas the by-law requires 7.5 metres.
The applicant requests approval of this variance in order to obtain a building permit to
construct a covered platform.
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 Building Services Section stating the structure has been
constructed without the benefit of a building permit which is required for this structure.
Written comments were also received from the City's Engineering Services Department
expressing no comments on the application.
The applicant was not present to represent the application. No further representation
was present in favour of or in objection to the application. Committee Members stated
their interest in posing questions to the applicant, where Tom Copeland moved the
following motion:
Moved by Tom Copeland
Seconded by Eric Newton
That application P/CA 47/19 by R. & T. Skripka, be Deferred to the next Committee of
Adjustment meeting to allow for representation to be present.
Carried
The Committee Members agreed to have this item be reinstated after the applicant and
agent arrived late to the meeting.
Tatiana Skripka, applicant, and Alexian Dementre, agent, were 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, Alexian Dementre stated
construction originally began to repair and improve the existing covered platform
structure.
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
In response to questions from Committee Members, Tatiana Skripka stated she was
unaware a building permit was required for the covered platform, and wishes to comply
with all of the by-laws. Tatiana Skripka indicated there is no intention to enclose the
structure or have it used as habitable space.
Given that the application appears to meet the four tests of the Planning Act, and after
consideration of the City Development Department's Recommendation Report, as well
as reviewing the responses provided by the applicant, Tom Copeland moved the
following motion:
Moved by Tom Copeland
Seconded by Sean Wiley
That application P/CA 47/19 by R. & T. Skripka, be Approved on the grounds that the
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 covered platform, as generally sited and outlined
on the applicant's submitted plan (refer to Exhibit 3 contained in the staff Report to
Committee of Adjustment dated September 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
September 11, 2020, or this decision shall become null and void.
Carried
4.2 P/CA 48/19
L. Martinez & L. Pittman
1315 Anton Square
The applicant requests relief from Zoning By-law 3036, as amended by By-law 2261/86
to permit:
• a minimum rear yard depth of 6.4 metres, whereas the by-law requires a minimum
rear yard depth of 7.5 metres;
• a maximum lot coverage of 45 percent, whereas the by-law requires a maximum lot
coverage of 40 percent; and
• to permit accessory structures setback a minimum of 0.4 of a metre from all lot lines,
whereas the by-law requires accessory structures must be set back a minimum of
0.6 of a metre from all lot lines.
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
The applicant requests approval of these variances in order to obtain a building permit
for a sunroom and recognize an existing shed.
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 Building Services Section stating the
structure has been constructed without the benefit of a building permit, which is required
for this structure.
Written comments were also received from the City's Engineering Services Department
expressing no comments on the application.
Lewis Pittman, 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 raised by a Committee Member, Lewis Pittman stated he was
responsible for constructing the deck, replacing the previous deck with a two foot
extension and has no plans for heating or plumbing installation.
After consideration of the City Development Department's Recommendation Report, the
responses provided by the applicant, and having no objections to the application,
Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 48/19 by L. Martinez & L. Pittman, 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 sunroom and shed, as generally sited and
outlined on the applicant's submitted plan (refer to Exhibit 3 contained in the staff
Report to Committee of Adjustment dated September 11, 2019).
2. That the applicant obtain a building permit for the sunroom by September 10, 2021,
or this decision shall become null and void.
Carried
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
4.3 P/CA 49/19
Pickering Developments (401) Inc.
North West Corner of Bayly Street & Church Street
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7404/15
to permit:
• a minimum 0.7 parking space per gaming position parking rate for gaming
establishment/casino, whereas the by-law requires a minimum parking rate for
gaming establishment/casino of 1.0 space per gaming position;
• a minimum 0.8 parking space per guest room for hotel; plus 10.0 spaces per
100 square metres of non-residential gross floor area used for public use including
meeting rooms, conference rooms, recreational facilities, dining and lounge areas
and other commercial facilities, but excluding bedrooms, kitchens, laundry rooms,
washrooms, lobbies, hallways, elevators, stairways and recreational facilities directly
related to the function of the overnight accommodation, whereas the by-law requires
a minimum parking rate for hotel of 1.0 space per guest room; plus 10.0 spaces per
100 square metres of non-residential gross floor area used for public use including
meeting rooms, conference rooms, recreational facilities, dining and lounge areas
and other commercial facilities, but excluding bedrooms, kitchens, laundry rooms,
washrooms, lobbies, hallways, elevators, stairways and recreational facilities directly
related to the function of the overnight accommodation; and
® a minimum 0.7 parking space per 100 square metres of gross floor area for film
studio, whereas the by-law requires a minimum parking rate for all other uses of
4.0 spaces per 100 square metres of gross leasable floor area.
The applicant requests approval of these variances in order to vary the parking rate for
gaming establishment/casino, hotel and film studio within By-law 7404/15.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval.
Written comments were received from the Toronto and Region Conservation Authority
stating no comments on the application.
Written comments were received from the City's Building Services Section stating no
comments on the application.
Written comments were also, received from the City's Engineering Services Department
expressing no comments on the application.
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
Don Given, agent, and Tim Arnott, BA Consulting Group Ltd., were 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, Don Given and Tim Arnott stated
the multi-level parking structure is to be located at the north-west corner of the subject
site off Church Street and Squires Beach Road. An extensive study was conducted by
BA Consulting Group Ltd., which further justifies the reduced number of parking spaces,
rationalized in comparison to various casinos in the area, GTA and United States. Some
locations do exceed the 0.7 parking spaces per gaming position rate, however that
should be taken in context of nearby amenities, occupancy and demand; where 0.7 is
the prevailing rate. The proposed parking rates are suitable for 3,300 and 3,700 gaming
positions, when the H-2 Holding provision is lifted and after the completion of necessary
road and traffic improvements. Additional land is available to construct additional
parking structures if required.
After consideration of the City Development Department's Recommendation Report,
and the responses provided by the applicant, Tom Copeland moved the following
motion:
Moved by Tom Copeland
Seconded by Eric Newton
That application P/CA 49/19 by Pickering Developments (401) 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.
Carried
4.4 P/CA 50/19
1020 Brock Road South Inc.
1020 Brock Road
The applicant requests relief from Zoning By-law 2511, as amended, to expand the list
of permitted uses on the subject property to include a Place of Amusement (virtual
reality entertainment centre) whereas the by-law does not list Place of Amusement as a
permitted use.
The applicant requests approval of this variance in order to permit a Place of
Amusement use at the subject property.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions.
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
Written comments were received from the City's Building Services Section stating
interior alterations have taken place against the direction of Building Services. An Order
to Comply has now been issued against the property as a result. Provisions for life
safety (by way of Building Code and Fire Code) have not been confirmed as
construction has taken place without inspections.
Written comments were received from the City's Development Liaison stating this office
supports this request.
Written comments were also received from the City's Engineering Services Department
expressing no comments on the application.
Scott Turner, 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, Scott Turner advised the tenant
has complied with the Stop Work Order. Interior alterations have begun with a
contractor making cosmetic changes, including the removal of interior walls.
After consideration of the City Development Department's Recommendation Report,
and the responses provided by the applicant, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 50/19 by 1020 Brock Road South Inc., 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 property to a maximum gross leasable
floor area of 175 square metres, as generally sited and outlined on the applicant's
submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
September 11, 2020, or this decision shall become null and void.
Carried
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
4.5 P/CA 51/19
M. Adham
198 Twyn Rivers Drive
The applicant requests relief from Zoning By-law 3036, as amended, for the following
provisions:
• to permit the existing accessory structure (Accessory Building) which is not part of
the main building to be located in the front and westerly side yards, whereas the
by-law requires all accessory buildings which are not part of the main building be
erected in the rear yard;
• to permit human habitation in the existing accessory structure (Accessory Building),
whereas the by-law does not permit human habilitation in an accessory structure;
and
• to permit an accessory dwelling unit in the existing accessory structure
(Accessory Building) subordinate to a detached dwelling provided a) a total of three
parking spaces are provided on the property where the accessory dwelling unit is
located, b) the maximum floor area of an accessory dwelling unit shall be one
hundred (100) square metres, and c) a home-based business is prohibited in either
dwelling units on this lot; whereas the by-law permits an accessory dwelling unit
within a detached dwelling or semi-detached dwelling only.
The applicant requests approval of these variances in order to recognize an accessory
dwelling unit in an accessory structure (Accessory Building).
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 Building Services Section stating
alterations have taken place without a building permit. The garage is not to be inhabited
until authorized by the City.
Written comments were also received from the City's Engineering Services Department
expressing no comments on the application.
The applicant was not present to represent the application. No further representation
was present in favour of or in objection to the application. Committee Members stated
their interest in posing questions to the applicant, where Eric Newton moved the
following motion:
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
Moved by Eric Newton
Seconded by Sean Wiley
That application P/CA 51/19 by M. Adham, be Deferred to the next Committee of
Adjustment meeting to allow for representation to be present and discussion to occur.
Carried
4.6 P/CA 52/19
1262847 Ontario Limited
3260 3280 Highway 7
The applicant requests relief from Zoning By-law 3037, as amended by By-law 2623/87
to permit a pet supply retail and service establishment, whereas the by-law permits a
vehicle sales or rental establishment.
The applicant requests approval of this variance in order to permit a pet supply retail
and service establishment.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions.
Written comments have not yet been received from the Ministry of Transportation
regarding this application.
Written comments were received from the Central Lakes Ontario Conservation Authority
stating no comments on the application.
Written comments were received from the City's. Building Services Section stating no
comments on the application.
Written comments were also received from the City's Engineering Services Department
expressing no comments on the application.
Written comments received from two area residents offering conditions of approval to
the application were provided to the Committee members. The suggested conditions
related to the requirement for a garbage/waste management protocol, and signage to
ensure the private entrance to the neighbouring property is not impeded.
David Grant, 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, David Grant stated the intent is to
have permits applied for by October 1, 2019, and occupancy by December 2019.
Vehicle parking is set at 30 parking spaces, having 2 reserved for accessible parking.
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DICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
Signage installation will be installed as required to ensure the registered access
easement is kept clear of parking. A private contractor will be used for waste collection.
The use is intended as a wellness centre for animals, to include pet food sales and
grooming services. It will not be used as a kennel with overnight stays. David Grant
continued to state that he will reach out to neighbours to address the concerns noted.
When asked by a Committee Member when the repainting of the parking area can be
completed, David Grant indicated it is to be scheduled in the coming months.
After consideration of the City Development Department's Recommendation Report,
and the responses provided by the applicant, Eric Newton moved the following motion:
Moved by Eric Newton
Seconded by Tom Copeland
That application P/CA 52/19 by 1262847 Ontario Limited, 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 commercial building, as generally sited
and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the
staff Report to Committee of Adjustment dated September 11, 2019).
2. That the applicant repaint the parking area to provide a minimum of 30 parking
spaces which includes a minimum of 2 accessible parking spaces (1 Type A Space
and 1 Type B Space), by the opening of the business or March 30, 2020, whichever
is the earliest, or this decision shall become null and void.
Carried
4.7 P/CA 53/19
W. Bouwman
968 Essa Crescent
The applicant requests relief from Zoning By-law 2520, as amended, to permit a rear
yard depth of 4.8 metres for an uncovered platform, whereas the by-law requires
7.5 metres.
The applicant requests approval of this variance in order to obtain a building permit to
facilitate the construction of an uncovered platform.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions.
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
Written comments were received from the City's Building Services Section stating the
structure has been constructed beyond the scope of the existing building permit. An
Order to Comply has been issued against the property. A building permit is required to
reflect the new construction.
Written. comments were also received from the City's Engineering Services Department
expressing no comments on the application.
Written comments were received from 10 different area residents expressing objection
to the application and provided to the Committee members.
Andrew Palumbo of MHBC Planning Urban Design & Landscape Architecture, and
George Kalamaris of Amari General Contracting were present to represent the
application. Jagdish and Raji Shukla of Essa Crescent were present in opposition to the
application. Edmund and Susan Reaney of Vistula Drive were present in opposition to
the application. Richard and Rita Lepka of Essa Crescent were also present in
opposition to the application. No further representation was present in favour of or in
objection to the application.
Andrew Palumbo spoke in support of the application in agreement with the City's
recommendation of approval having met the four tests of the Planning Act.
Andrew Palumbo distributed photographic surveys and Google Earth images of rear
yards and decks (both covered and uncovered) of adjacent dwellings on the street.
Jagdish Shukla spoke in opposition to the application stating the construction of the
deck should have been taken into consideration and applied for during the construction
of the house. The deck has a significant impact on privacy, and obstructs the view of the
Shukla's home from their dining room and kitchen window. Jagdish Shukla advised the
deck could in fact be constructed on the south side walkout dispite statements indicating
it is not possible.
Susan Reaney spoke in opposition to the application stating the deck projection does
not appear to be minor. Susan Reaney indicated the design of the house indicates a
deck is required and it should be constructed on other side of the dwelling by the
walkway, where it would have no direct impact on adjacent neighbours.
Richard Lepka spoke in opposition to the application reiterating previously stated
comments about the deck not being in compliance with the existing by-laws, impeding
neighbour's view of the bay, lacking privacy, and feasibility for relocation of the deck on
the south side.
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
George Kalamaris of Amari General Contracting spoke in support of the application
stating he was unaware a building permit would be required for the construction of a
deck. George Kalamaris also stated his firm was responsible for the construction of the
house and the location of the existing walkout is the justification for the positioning of
the deck in the rear yard over the south side yard. Additionally, George Kalamaris
stated the homeowners have no plans to sell the property in the near future.
In response to a question from a Committee Member, Andrew Palumbo stated the
applicant will look into installing a privacy screen as part of the deck railing that is
impacting the neighbours to the north.
After consideration of the City Development Department's Recommendation Report,
the concerns noted by area residents and the responses provided by the applicant,
Tom Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Sean Wiley
That application P/CA 53/19 by W. Bouwman, 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 uncovered platform, as generally sited and
outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff
Report to Committee of Adjustment dated September 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
September 11, 2020, or this decision shall become null and void.
Carried
Vote
Tom Copeland in favour
Sean Wiley in favour
Eric Newton opposed
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
4.8 P/CA 54/19
C. Delaney
3435 Audley Road
The applicant requests relief from Zoning By-law 3037, as amended by By-law 6577/05 to
permit an accessory structure (pool house) to be located in the 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 this variance in order to obtain a building permit for
an accessory structure (pool house).
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions.
Written comments were received from the Central Lake Ontario Conservation Authority
stating no objection to the requested application.
Written comments were also received from the City's Engineering Services Department
expressing no comments on the application.
Christopher Delaney, applicant, was present to represent the application. Peng Liu. of
Audley Road also was present to receive additional information on the application. No
further representation was present in favour of or in objection to the application.
Peng Liu advised he was in attendance of the meeting to raise concerns regarding loud
music and noise from a neighbouring property.
In response to questions from Committee Members, Christopher Delaney stated the
pool house is not habitable and has not been constructed yet, there will be no heating
and plumbing, it will be used as a change room and storage of pool equipment.
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 54/19 by C. Delaney, 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:
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Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
1. That this variance apply only to the accessory structure (pool house), as generally
sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4
contained in the staff Report to Committee of Adjustment dated September 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
September 10, 2021, or this decision shall become null and void.
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PICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, September 11, 2019
7:00 pm
Council Chambers
5. Adjournment
Moved by Eric Newton
Seconded by Tom Copeland
That the 9th meeting of the 2019 Committee of Adjustment be adjourned at 8:37 pm
and the next meeting of the Committee of Adjustment be held on
Wednesday, October 9, 2019.
Carried Unanimously
Date
OcV,ecR 1 n
Assistant Secretary -Treasurer
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