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HomeMy WebLinkAboutOctober 9, 2019Gtr 4 DICKERING 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 17 2 3 Disclosure of Interest No disclosures of interest were noted Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers That the agenda for the Wednesday, October 9, 2019 meeting be adopted. Carried Unanimously Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, September 11, 2019 be adopted. Carried Vote Tom Copeland in favour David Johnson in favour Eric Newton in favour Sean Wiley in favour One Committee Member abstained from voting as the Member was not in attendance at the September 11, 2019 hearing. Page 1 of 15 DICKERING Cd# 4 4. Reports 4.1 (Deferred from the September 11, 2019 Meeting) P/CA 51/19 M. Adham 198 Twvn rivers Drive Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers 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 Engineering Services Department expressing no comments on the application. Written comments were also received from the City's Building Services Section stating alterations have taken place without a building permit, and the garage is not to be inhabited until authorized by the City. Adham Mousa-Khaled, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 2 of 15 DICKERING Cd# Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers In response to questions from Committee Members, Adham Mousa-Khaled stated he purchased the property in 2016 where his brother is currently residing. It is believed that the original owners had been using the accessory structure as an accessory dwelling unit. Adham Mousa-Khaled stated he was unaware a permit was required for this use. Adham Mousa-Khaled has worked on drywall installation, electrical, and plumbing alterations to the accessory structure. In response to a question from a Committee Member, the Secretary -Treasurer indicated the City's Fire Services and Building Services have visited the property to inspect the property for the purposes of initiating the accessory dwelling unit permit process. 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, the required accessory dwelling unit processes and conditions for approval, as well as the accessory building being setback significantly from the road, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application P/CA 51/19 by M. Adham, 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: That these variances apply only to the accessory building, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated October 9, 2019). 2. That the applicant obtain a building permit for the accessory building and/or accessory dwelling unit as determined by Building Services by September 10, 2021, or this .decision shall become null and void. Carried Unanimously 4.2 P/CA 55/19 M. Brown 87 Finch Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 6578/05 to permit a minimum east side yard setback of 1.2 metres, whereas the by-law requires 3.0 metres. The applicant requests approval of this variance in order to obtain a building permit to construct a detached dwelling. Page 3 of 15 DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers 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 objections to the application. Written comments were received from the City's Building Services Section expressing no comments on the application. Written comments were received from the Toronto and Region Conservation Authority (TRCA) indicating no objections to the approval of a side yard setback variance as it pertains to 87 finch Avenue. Written comments received from Parks Canada were provided to the applicant at the meeting. Parks Canada commented that the proposed setback reduction will negatively impact the natural habitat and species at risk, that the 1.2 metre distance appears insufficient to allow for construction to occur without encroachment onto the adjacent protected lands, and water table levels could be impacted. Michael Brown, 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, Michael Brown stated he is requesting this variance be approved to allow for the driveway access to meet the minimum size requirements and his preference for it to be located on the west side. The only construction required on the east side of the home will be scaffolding and masonry where 1.2 metres is ample space. Michael Brown continued by indicating he has received a permit from the TRCA for tree removal where some of the trees are to be retained. He noted that he has been the property owner since 2017, and was the original applicant of the minor variance application that was submitted and approved in 2017 for the same request which has recently lapsed. When asked if he could alter the drawings to accommodate the request of Parks Canada and rotate the proposed site plan, Michael Brown indicated it is not preferable to make such accommodations since the design and drawings are fully completed. Moved by Eric Newton Motion not seconded That application P/CA 55/19 by M. Brown, 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: Page 4 of 15 Gb2 41 DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers 1. That this variance apply only to the detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated October 9, 2019). 2. That the applicant obtain a building permit for the proposed construction by October 8, 2021, or this decision shall become null and void. Motion Lost Given that the option to accommodate a reasonably sized dwelling is possible within the current by-laws, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sean Wiley That application P/CA 55/19 by M. Brown, be Refused on the grounds that the requested variance to permit a minimum east side yard setback of 1.2 metres, whereas the by-law requires 3.0 metres, is not reasonable for the appropriate development of the land. Carried Vote Tom Copeland in favour David Johnson in favour Eric Newton opposed Denise Rundle in favour Sean Wiley in favour 4.3 P/CA 56/19 R. Goncalves 2003 Shav Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 1976/85 to permit an uncovered deck not exceeding 2.9 metres in height above grade and not projecting more than 1.5 metres into the required rear yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting 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 an 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 City's Engineering Services Department expressing no objections to the application. Page 5 of 15 Cly 06 PICKERING Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers Written comments were received from the City's Building Services Section expressing no comments on the application. Written comments were received from an area resident in objection to the application stating approval of this application will result in a lack of privacy for abutting neighbors particularly due to the difference in elevation of the lots. Robert Goncalves, 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, Robert Goncalves stated the original deck was approximately 3 feet deep by 6 feet wide and the new deck is approximately 8 feet deep by 22 feet wide. When asked about addressing the privacy concerns raised, Robert Goncalves stated he could install some form of privacy screening. Given that the request is believed to be reasonable given the topography of the lot, that it appears to meet the four tests of the Planning Act, and after hearing the applicant's responses to the concerns addressed, Tom Copeland moved the following motion: Moved by Tom Copland Seconded by Sean Wiley That application P/CA 56/19 by R. Goncalves, 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 deck, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated October 9, 2019). 2. That the applicant obtain a building permit for the proposed construction by October 8, 2021, or this decision shall become null and void. Carried Unanimously 4.4 P/CA 57/19 R. Shute & J. Brooks 1288B Commerce Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18 to permit an uncovered platform not exceeding 1.0 metre in height to project a maximum of 2.9 metres into the required front yard, whereas the by-law requires a maximum projection of 1.5 metres into the required front yard. Page 6 of 15 CL2 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers The applicant requests approval of this variance in order to recognize an existing platform in the front yard. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to a condition. Written comments were received from the City's Engineering Services Department expressing no objections to the application. Written comments were received from the City's Building Services Section expressing no comments on the application. Ron Shute, applicant, 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 asked by a Committee Member, Ronald Shute advised the deck was constructed recently in the summer of 2019. In response to a question from a Committee Member, the Secretary -Treasurer stated this application does not require a building permit having met the appropriate height requirements identified in the by-law. Given that the application appears to meet the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 57/19 by R. Shute & J. Brooks, 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 condition: 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 the Committee of Adjustment dated October 9, 2019). Carried Unanimously 4.5 P/CA 58/19 J. H. Long 1710 Lane Street The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit an accessory building (shed) to be erected in the westerly 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. Page 7 of 15 qty, 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers The applicant requests approval of this variance in order to obtain a building permit to construct an accessory building (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 Engineering Services Department expressing no objections to the application. Written comments were received from the City's Building Services Section stating a building permit has been submitted for review. John Long Sr., agent, 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, John Long Sr., stated there is no driveway leading to the new structure, it will be a shed for recreational workshop purposes. He continued to indicate his son is an electrician and the shed will be used to complete leisure wood/metal working projects, no vehicles will be stored in the shed. In response to a question posed by a Committee Member, the Secretary -Treasurer stated the correct term to be, accessory building (shed). Given that the application appears to meet the four tests of the Planning Act, 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 58/19 by J.H. Long, 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: That this variance apply only to the accessory building (shed), as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated October 9, 2019). 2. That the applicant obtain a building permit for the proposed construction by October 9, 2020, or this decision shall become null and void. Carried Unanimously Page 8 of 15 CJS 4 DICKERING 4.6 P/CA 59/19 Mattamy (Seaton) Limited 1148 Dragonfly Avenue Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning,By-law 7364/14, as amended: • to permit a minimum front yard setback of 2.8 metres, whereas the by-law requires a minimum front yard setback of 3.0 metres • to permit stairs to a porch to encroach to within 0.01 metres of the front lot line, whereas the by-law permits stairs to a porch or deck to encroach to within 0.3 metres of a front lot line or flankage lot line • to permit stairs to a porch to encroach to within 0.28 metres of the flankage lot line, whereas the by-law permits stairs to a porch or deck to encroach to within 0.3 metres of a front lot line or flankage lot line The applicant requests approval of these variances in order to obtain zoning compliance for a stacked townhouse condominium development. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to a condition. Written comments were received from the City's Engineering Services Department expressing no objections to the application. Written comments were received from the City's Building Services Section expressing no comments on the application. Max Gargaro, agent, 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, the Secretary -Treasurer stated the 0.3 metre reserve is to restrict direct vehicular access to the subject property from Taunton Road which is owned by the Region of Durham. Given that the application appears to meet the four tests of the Planning Act as set out by the City Development Department's Recommendation Report, and that many new developments require minor adjustments throughout the progression of the project, Denise Rundle moved the following motion: Page 9 of 15 DICKERING C4 4 Moved by Denise Rundle Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers That application P/CA 59/19 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 condition: 1. That these variances apply only to the proposed development, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit #2 contained in the staff Report to the Committee of Adjustment dated October 9, 2019). Carried Unanimously 4.7 P/CA 62/19 C. MacMillan 971 Mink Avenue The applicant requests relief from Zoning By-law 2520, as amended: • to permit a rear yard setback of 3.5 metres, whereas the by-law requires 7.5 metres • to permit a side yard setback of 0.2 metres, whereas the by-law requires 2.4 metres The applicant requests approval of these variances in order to obtain a building permit to recognize an existing deck and associated ramp. 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 received from the City's Building Services Section stating the . structures have been newly constructed without a building permit, which is required for all construction associated with a sunroom (as an addition to the dwelling), deck and access ramp. Dennis Hansen, 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, Dennis Hansen advised the deck was constructed 20 years ago with a permit. An accessibility lift was installed approximately 10 years ago. Due to freezing, rusting and power failures over the years, a ramp replaced the lift. Page 10 of 15 DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers The previously submitted building permit does not reflect the added ramp. Dennis Hansen indicated that he has replaced boards on the structure and received no concerns from area residents. After hearing the applicant's responses to questions posed and acknowledging the structure to have existed for a number, of years, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Denise Rundle That application P/CA 62/19 by C. MacMillan, 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 existing deck and ramp, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated October 9, 2019). 2. That the applicant obtain a building permit for the proposed construction by October 9, 2020, or this decision shall become null and void. Carried Unanimously 4.8 P/CA 63/19 G. Marquardt &. S. Stanleigh 576 West Shore Boulevard The applicant requests relief from Zoning By-law 2511, as amended, to permit: • a minimum front yard of 5.9 metres, whereas the by-law requires a minimum front yard of 7.5 metres; • a platform not exceeding 1.2 metres in height above grade and not projecting more than 1.5 metres into the required front yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres into the required front yard; • a minimum south side yard of 0.9 metres, whereas the by-law requires a minimum side yard of 1.5 metres; • an accessory structure setback a minimum of 0.1 of a metre from the rear lot line, whereas the by-law requires accessory structures to be setback a minimum of 0.6 of a metre from all lot lines; Page 11 of 15 DICKERING Cd# 4 Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers • an accessory structure greater than 10 square metres in area setback a minimum of 0.5 of a metre from the side lot line, whereas the by-law requires accessory structures greater than 10 square metres in area to be setback 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 an extension to an existing attached garage, an addition to an existing detached dwelling, construction into the required front yard of a porch greater than 1.0 metre in height, and to recognize existing accessory structures (sheds). The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval for a minimum front yard of 5.9 metres, a platform not exceeding 1.2 metres in height above grade and not projecting more than 1.5 metres into the required front yard, and an accessory structure greater than 10 square metres in area setback a minimum of 0.5 of a metre from the side lot line, subject to conditions, and refusal of a minimum south side yard of 0.9 metres, and an accessory structure setback a minimum of 0.1 of a metre from the rear lot line. Written comments were received from the City's Engineering Services Department stating their recommendation to move the smaller accessory structure (shed) to a minimum of 0.6 of a metre from the rear property line. Written comments were submitted from the City's Building Services Section stating the applicant has submitted a building permit for the proposed construction. Written comments were received from a resident of West Shore Boulevard stating fire safety concerns with the proposed side yard setback of 0.9 of a metre to permit the garage extension. Written comments were received from four area residents on West Shore Boulevard and Cliffview Road, in support of the application. Written comments were also received from Fairport Beach Neighbourhood Association in support of the application. Argentino Sisca of Corrente Construction Management, agent, was present to represent the application. Michael Dietz, of West Shore Boulevard was present in opposition to the application. No further representation was present in favour of or in objection to the application. Argentino Sisca advised the variance requesting a minimum south side yard of 0.9 metres, is required to bring the existing attached garage into compliance, to increase storage, and to facilitate the applicant's desired parking needs. Page 12 of 15 DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers Argentino Sisca confirmed the applicant is withdrawing the variance for the smaller shed and will remove the shed from the site. He also noted support from area residents were received in the form of signed letters, which have been documented in the Staff Report. In opposition to the application Michael Dietz submitted photographs of the conditions of the subject site. Michael Dietz also submitted a petition including 13 residents' signatures opposing the variance for a minimum south side yard of 0.9 metres. In response to questions from Committee Members, Argentino Sisca advised the applicant purchased the home approximately 5 years ago and was not aware whether a building permit had been obtained for the existing garage. In response to a question from a Committee Member, Argentino Sisca advised the applicant would like to maintain the existing footprint of the garage to allow for a double car garage. Given that the area resident's concern with the side yard setback can best be addressed by the City's By-law Enforcement Division, the front yard variances are to accommodate amenity space, the application illustrates substantial improvements to the existing lot, the 0.9 metre side yard setback is reasonable when abutting a driveway, and the application appears to meet the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Motion not seconded That application P/CA 63/19 by G. Marquardt & S. Stanleigh, 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 addition, and porch; and to the existing shed in the, north-west corner of the rear yard as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2, 3 & 4 contained in the staff Report to the Committee of Adjustment dated October 9, 2019). 2. That the applicant obtain a building permit for the proposed construction by October 8, 2021, or this decision shall become null and void. Motion Lost Notwithstanding the previous motion and after considering the neighbour's comments and the City Development Department's Recommendation Report to the Committee of Adjustment, Sean Wiley moved the following motion: Page 13 of 15 Cts �f DICKERING Moved by Sean Wiley Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers That a minimum front yard of 5.9 metres, a platform not exceeding 1.2 metres in height above grade and not projecting more than 1.5 metres into the required front yard, and an accessory structure greater than 10 square metres in area setback a minimum of 0.5 of a metre from the side lot line, for P/CA 63/19 by G. Marquardt & S. Stanleigh, be Approved on the grounds that these 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: That these variances apply only to the proposed addition, and porch; and to the existing shed in the north-west corner of the rear yard as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2, 3 & 4 contained in the staff Report to the Committee of Adjustment dated October 9, 2019). 2. That the applicant obtain a building permit for the proposed construction by October 8, 2021, or this decision shall become null and void. and That a minimum south side yard of 0.9 metres, and an accessory structure setback a minimum of 0.1 of a metre from the rear lot line, for P/CA 63/19 by G. Marquardt & S. Stanleigh, be Refused on the grounds that this is a major variance that is not desirable for the appropriate development of the land and not in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. Carried Vote David Johnson in favour Eric Newton in favour Sean Wiley in favour Two Committee Member abstained from voting on this motion. Page 14 of 15 C`G2 4 DICKERING 5. Adjournment. Moved by Eric Newton Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, October 9, 2019 7:00 pm Council Chambers That the 10th meeting of the 2019 Committee of Adjustment be adjourned at 8:25 pm and the next meeting of the Committee of Adjustment be held on Wednesday, November 13, 2019. Carried Unanimously Date Chair 1 Assistan ecretary-Treasurer Page 15 of 15