HomeMy WebLinkAboutDecember 11, 2019CGa of
DICKERING
Present
Tom Copeland — Vice -Chair (arrived at 7:15 pm)
David Johnson — Chair
Eric Newton
Denise Rundle
Sean Wiley
Also Present
Cody Morrison, Secretary -Treasurer
Samantha O'Brien, Assistant Secretary -Treasurer
Absent
Deborah Wylie, Secretary -Treasurer
1. Disclosure of Interest
No disclosures of interest were noted.
2. Adoption of Agenda
Moved by Eric Newton
Seconded by Denise Rundle
Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
That the agenda for the Wednesday, December 11, 2019 meeting be adopted.
Carried
3. Adoption of Minutes
Moved by Eric Newton
Seconded by Sean Wylie
That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday,
November 13, 2019 be adopted.
Carried
David Johnson, Chair, stated that he will abstain from voting on all applications heard
for the Wednesday, December 11, 2019 Committee of Adjustment meeting until the fifth
Committee Member arrives, in order to prevent a tie vote.
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C4 o� Committee of Adjustment
Meeting Minutes
PICKERINGWednesday, December 11, 2019
7:00 pm
Council Chambers
4. Reports
4.1 P/CA 66/19
A. McKay & N. Sabourin
4959 Brock Road
The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06
to permit an accessory structure (shed) in the front yard, whereas the by-law requires all
accessory buildings that are not part of the main building to be erected in the rear yard.
The applicant requests approval of this variance in order to permit an existing accessory
structure (shed) in the front yard.
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 expressing
no comments on the application.
Written comments were received from 6 residents of Brock Road, Victoria Street, and
Henry Street in support of the application.
Written comments were received from 2 residents of Joseph Street and Wellington
Street in objection to the application.
Adam McKay, applicant, was present to represent the application. Todd Norris of
Wellington Street was present in objection to the application. No further representation
was present in favour of or in objection to the application.
Adam McKay spoke in support of the application stating the purpose of the accessory
building to be located in the front yard is for storage of seasonal maintenance
equipment.
Todd Norris spoke in opposition to the application stating the accessory structure is in
close proximity to the property line where he parks his vehicles, it is not aesthetically
pleasing and requests that it be removed or modified.
In response to a question posed by a Committee Member, Todd Norris explained his
request to modify the existing structure could be satisfied by lowering the perimeter
walls to reduce the overall height.
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C4 o� Committee of Adjustment
Meeting Minutes
PICKERINGWednesday, December 11, 2019
7:00 pm
Council Chambers
In response to questions from Committee Members, Adam McKay stated the accessory
structure was constructed around September 2019 and was purchased as a premade
kit to be assembled at home, reconfiguring the existing structure would be quite difficult.
Given the unique situation in determining the front yard, that the rear yard abuts the side
yard of the adjacent property, that an adequate streetscape is maintained, and that
views are not impacted; and as the four tests of the Planning Act as outlined by the City
Development Department are met, Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Sean Wiley
That application P/CA 66/19 by A. McKay & N. Sabourin, 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 existing accessory structure (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 December 11, 2019).
Carried
Vote
Eric Newton opposed
Denise Rundle in favour
Sean Wiley in favour
4.2 P/CA 67/19
G. Slater
1305 Luna Court
The applicant requests relief from Zoning By-law 2520, as amended by By-laws 173/75
and 406/76 to permit:
• a maximum building coverage of 41 percent, whereas the by-law requires a
maximum building coverage of 33 percent;
• a minimum side yard width of 0.3 of a metre to the east lot line, whereas the by-law
requires a minimum side yard width of 1.2 metres.
The applicant requests approval of these variances in order to obtain a building permit
for an existing covered platform.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions.
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C4 o� Committee of Adjustment
Meeting Minutes
PICKERINGWednesday, December 11, 2019
7:00 pm
Council Chambers
Written comments were received from the City's Engineering Services Department
stating no opposition to the proposed 0.3 of a metre setback considering it is a
semi-detached dwelling, and drainage from the covered platform will be directed to the
rear yard.
Written comments were received from the City's Building Services Section expressing
no comments on the application.
Written comments were received from two property owners of Luna Court in support of
the application.
Greg Slater, 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 posed by Committee Members, Greg Slater stated there was
an existing deck when the house was purchased approximately 5 years ago. He started
minor alterations in refinishing the deck and began the process of applying for a building
permit to complete the work when the by-law violations were identified around July 2019.
Given the comments heard from the applicant, and taking into account the City
Development Department's Report, as well as considering the drainage to be
self-contained onto the subject property, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 67/19 by G. Slater, 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 dwelling and platform, 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 December 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
December 11, 2020, or this decision shall become null and void.
Carried Unanimously
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CG o� Committee of Adjustment
Meeting Minutes
PICKERINGWednesday, December 11, 2019
7:00 pm
Council Chambers
4.3 P/CA 68/19
F. Daniel
129 Thicket Crescent
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93
to permit an accessory structure (shed) to be setback 0.3 of a metre from the side and
rear lot lines, whereas the by-law requires a setback of 1.0 metres.
The applicant requests approval of this variance in order to recognize an existing shed.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending deferral of the application to the January 8, 2020 meeting.
Neither the applicant nor an 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 posed by a Committee Member, the Secretary -Treasurer
stated the City Development Department is comfortable that all parties will have
reasonable time to gather the necessary information for the January 8, 2020 meeting.
Given the comments heard by City staff and the lack of representation from the
applicant, Tom Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Eric Newton
That application P/CA 68/19 by F. Daniel, be Deferred to the next available meeting,
January 8, 2020, to allow staff to recirculate a revised Public Notice as it relates to the
variances requested.
Carried Unanimously
4.4 P/CA 69/19
First Simcha Shopping Centres Ltd. & Calloway REIT (Pickering)
1899 Brock Road
The applicant requests relief from Zoning By-law 3036, as amended by By-laws 551/99,
6961/09 & 6964/09, to permit:
• a personal service shop, whereas the by-law permits personal service shop as an
accessory use to a business office, a discount department store, a professional office
and a retail store
• a commercial school, whereas the by-law does not permit commercial school as a
permitted use
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Meeting Minutes
PICKERINGWednesday, December 11, 2019
7:00 pm
Council Chambers
a maximum aggregate floor area for all restaurants — type F of 5,000 square metres,
whereas the by-law permits a maximum aggregate floor area for all restaurants — type F
of 2,000 square metres, unless at least one restaurant —type F has a minimum floor
area of 1,000 square metres, in which case the maximum aggregate floor area for all
restaurants —type F shall be 3,000 square metres
The applicant requests approval of this application to allow a personal service shop as
an independent use, to permit a commercial school as a new use and to increase the
maximum aggregate floor area for restaurants — type F from 2,000 to 5,000 square
metres.
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 expressing
no comments on the application.
Written comments were received from the Toronto and Region Conservation Authority
expressing no objections to the application.
Tyler Peers, 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 by a Committee Member, the Secretary -Treasurer read out -
the by-law definitions for personal service shop. The Secretary -Treasurer also stated
the by-law definition for restaurant — type F.
In response to questions posed by Committee Members, Tyler Peers stated the
requested variances are to be applied to the existing built -out spaces on the subject
lands. Tyler Peers indicated there has been a request for a children's tutoring service
facility at this site and the exact unit and tenants are undetermined at this time.
Denise Rundle moved the following motion:
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C� o� Committee of Adjustment
Meeting Minutes
PICKERING Wednesday, December 11, 2019
7:00 pm
Council Chambers
Moved by Denise Rundle
Seconded by Tom Copeland
That application P/CA 69/19 by First Simcha Shopping Centres Limited & Calloway
REIT (Pickering) 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 condition:
1. That where a commercial school is permitted the total floor area shall be limited to
464.5 square metres (5000 square feet).
Carried Unanimously
4.5 P/CA 70/19
Y. Vienneau
1749 Hoxton Street
The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06,
to permit a covered platform not exceeding 0.5 of a metre in height above grade and not
projecting more than 2.4 metres into the required front yard, whereas the by-law permits
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 to
construct an unenclosed covered platform in the front yard. The current building is
occupied by a fence and deck business.
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 expressing
limited construction work initiated by the landowner has begun to date in the form of
interior work, exterior cladding and roof repairs.
Written comments were received from the Canadian Pacific Railway expressing no
comments on the application.
Written comments were received from the Toronto and Region Conservation Authority
expressing no objections to the application and a TRCA permit will be required during
the building permit stage.
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Meeting Minutes
PICKERINGWednesday, December 11, 2019
7:00 pm
Council Chambers
Yvono Vienneau, 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 posed a Committee Member, the Secretary -Treasurer
advised the subject property is not listed on either the City's Municipal Heritage Register
or the Inventory of Heritage Properties.
In response to a question from a Committee Member, the applicant stated the purpose
of the deck to be located in the front yard is to facilitate better access to the front of the
existing building.
Given that the application appears to meet the four tests of the Planning Act, as
documented and presented by the City Development Department and after reviewing
the comments by City staff and the Toronto and Region Conservation Authority,
Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 70/19 by Y. Vienneau, 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 covered platform, as generally sited and
outlined on the applicant's submitted plan (refer to Exhibit 2, 3 & 4 contained in the
staff Report to the Committee of Adjustment dated December 11, 2019).
2. That the applicant submit a site plan drawing illustrating the parking layout to
ensure compliance with the minimum parking requirements of Zoning By-law 3037,
as amended by June 1, 2020, or this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction by
December 10, 2021, or this decision shall become null and void.
Carried Unanimously
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Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
4.6 P/CA 71/19, P/CA 72/19 & P/CA 73/19
Marshall Homes (Copperfield) Ltd.
399 Frontier Court (Lot 1), 397 Frontier Court (Lot 2), 394, Frontier Court (Lot 4
P/CA 71/19 (399 Frontier Court (Lot 1))
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18:
to permit a covered porch not exceeding 1.0 metre in height above grade to project
1.0 metre into the required front yard, whereas the by-law requires uncovered steps
or platforms not exceeding 1.0 metre in height above grade to project no more than
1.5 metres into any required front yard;
to permit a rear yard setback of 5.5 metres to an uncovered platform and steps,
whereas the by-law requires a rear yard setback of 7.5 metres.
P/CA 72/19 (397 Frontier Court (Lot 2))
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18:
• to permit a covered porch not exceeding 1.0 metre in height above grade to project
1.5 metres into the required front yard, whereas the by-law requires uncovered steps
or platforms not exceeding 1.0 metre in height above grade to project no more than
1.5 metres into any required front yard.
P/CA 73/19 (394 Frontier Court (Lot 4))
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18:
• to permit a covered porch not exceeding 1.0 metre in height above grade to project
2.2 metres into the required front yard, whereas the by-law requires uncovered steps
or platforms not exceeding 1.0 metre in height above grade to project no more than
1.5 metres into any required front yard.
The applicant requests approval of these variance in order to obtain building permits to
construct detached dwellings.
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 expressing
no comments on applications P/CA 71/19, P/CA 72/19 and P/CA 73/19.
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'"�J Meeting Minutes
PICKERINGWednesday, December 11, 2019
7:00 pm
Council Chambers
Written comments were received from the City's Engineering Services Department for
P/CA 71/19 stating the applicant should ensure no adverse effects on the front yard and
rear yard soak away pits, as well as ensure no adverse effects on the rear yard trees as
platform and steps to not encroach onto drip line of existing trees.
Written comments were received from the City's Engineering Services Department for
P/CA 72/19 and P/CA 73/19 stating the applicant should ensure no adverse effects on
the front yard soak away pit.
Samantha Bateman, agent, was present to represent the application. Pavel Muresan of
Frontier Court was also present to find out more information about the project.
No further representation was present in favour of or in objection to the application.
Samantha Bateman spoke in support of the applications stating the applicant's
subdivision development on Frontier Court was not subject to rezoning applications and
has maintained the original zoning of the lands with the exception of the required minor
variances.
Pavel Muresan stated he is the property owner directly beside 399 Frontier Court.
Pavel Muresan and indicated he has concerns regarding the large size of the dwellings,
a proposed retaining wall between his property and the subject property at 399 Frontier
Court, and drainage and construction issues.
In response to concerns raised by Pavel Muresan, Samantha Bateman stated extensive
conversations have taken place between Marshall Homes staff and concerned
neighbours, where contractors have been advised each time a new issue was raised,
and Marshall Homes staff will continue to stay in touch with the concerned neighbours.
Samantha Bateman also noted that Marshall Homes staff have bi-weekly meetings with
City by-law staff present to discuss any concerns and progression of the project.
In response to questions from Committee Members, the Secretary -Treasurer indicated
improvements have been made to the subject sites regarding grading, drainage and
servicing to the satisfaction of the City and the Region of Durham.
Dave Johnson, Chair, advised Pavel Muresan it may be in his best interest to relay his
concerns to his City Councillor so they can speak with the City's Engineering Services
Department.
Given that the Committee Members are confident that the City's Engineering Services
staff will address the neighbour's concerns at the building permit stage, and the
applications appear to meet the four tests of the Planning Act as documented and,
outlined by the City Development Department, Denise Rundle moved the following
motion:
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Meeting Minutes
PICKERINGWednesday, December 11, 2019
7:00 pm
Council Chambers
Moved by Denise Rundle
Seconded by Eric Newton
That application P/CA 71/19 by Marshall Homes (Copperfield) Ltd., 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 proposed 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 December 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
December 11, 2020, or this decision shall become null and void.
That application P/CA 72/19 by Marshall Homes (Copperfield) Ltd., 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 proposed dwelling, as generally sited and
outlined on the applicant's submitted plans (refer to Exhibit 4 contained in the staff
Report to the Committee of Adjustment dated December 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
December 11, 2020, or this decision shall become null and void.
That application P/CA 73/19 by Marshall Homes (Copperfield) Ltd., 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 proposed dwelling, as generally sited and
outlined on the applicant's submitted plans (refer to Exhibit 6 contained in the staff
Report to the Committee of Adjustment dated December 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
December 11, 2020, or this decision shall become null and void.
Carried Unanimously
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DICKERING
5. Other Business
5.1 Appointment of Chairperson
Moved by Tom Copeland
Seconded by Denise Rundle
Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
That David Johnson be appointed as Chairperson for the 2020 term.
Carried Unanimously
5.2 Appointment of Vice -Chairperson
Moved by Sean Wiley
Seconded by Eric Newton
That Tom Copeland be appointed as Vice -Chairperson for the 2020 term.
Carried Unanimously
5.3 Acknowledgement
David Johnson, Chair, noted this was the last meeting of the year and thanked City Staff
and Committee Members for their hard work and support throughout the year.
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f-'1CKER1
6. Adjournment
Committee of Adjustment
N � Meeting Minutes
Wednesday, �ecem ber 11, 20'19
7:00 pm
Council Chambers
Moved by Eric Newton
Seconded by Denise Rundle
That the '12th meeting of the 20'19 Committee of Adjustment be adjourned at 8:02 pm
and the next meeting of the Committee of Adjustment ba held on Wednesday, January
8, 2020.
s � � ��
Date
J\>
Chair
Assistan Secretary -Treasurer
Carried Unanimously
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