HomeMy WebLinkAboutApril 13, 2022Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 1 of 32
Present
Tom Copeland – Vice-Chair
David Johnson – Chair
Eric Newton
Denise Rundle
Sean Wiley
Also Present
Deborah Wylie, Secretary-Treasurer
Cody Morrison, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Felix Chau, Planner II
Isabel Lima, (Acting) Planner II
Kerry Yelk, Planner I
1.Disclosure of Interest
No disclosures of interest were noted.
2.Reordering of Items and Adoption of Agenda
Moved by Eric Newton
Seconded by Tom Copeland
That Item 4.4 for P/CA 45/22 be reordered to Item 4.1 and that Item 4.17 for P/CA 61/22
be reordered to Item 4.2 and that the agenda for the Wednesday, April 13, 2022 hearing
be adopted.
Carried Unanimously
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 2 of 32
3. Adoption of Minutes
Moved by Eric Newton
Seconded by Tom Copeland
That the minutes of the 2nd hearing of the Committee of Adjustment held Wednesday,
February 9, 2022 be adopted.
Carried Unanimously
4. Reports
4.1 P/CA 45/22
B. Atique
2030 Duberry Road
The applicant requests relief from Zoning By-law 3036, as amended by By-law 1976/85,
to recognize a minimum interior side yard width of 0.4 metres one side (north), 0.6 metre
other side (south), whereas the By-law permits a minimum interior side yard width of
1.2 metres one side, 0.6 metres other side.
The requested variance is intended to recognize existing below grade stairs proposed to be
covered.
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services, and the Toronto and Region Conservation Authority.
Badar Atique, applicant, and Abhishek Rajgor, agent, were present to represent the
application. No further representation was present in favour of or in objection to the
application.
Given the request by City staff to table the application to allow further review of the
variances being applied for and a possible re-notification, Denise Rundle moved the
following motion:
Moved by Denise Rundle
Seconded by Tom Copeland
That application P/CA 45/22 by B. Atique, be Tabled to allow for the applicant to
confirm the requested variances and if required, for a new proper Notice be given.
Carried Unanimously
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 3 of 32
4.2 P/CA 61/22
S. Wyce & B. Grant
624 Park Crescent
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18,
By-law 7872/21 and By-law 7900/22, to permit:
• a minimum front yard of 7.0 metres, whereas the By-law requires a minimum front
yard of 7.5 metres;
• a minimum rear yard of 1.3 metres, whereas the By-law requires a minimum rear
yard of 7.5 metres;
• a minimum north side yard of 1.2 metres, whereas the By-law states that where a
garage is erected as part of a detached dwelling, the minimum required side yard
shall be 1.5 metres;
• a minimum front yard of 0.3 metres, whereas the By-law states that where a main
building is erected upon a corner lot with its main front entrance facing the flank of
such lot, such main building shall be deemed to have two front yards, one on the
street upon which such lot fronts, and one on the street upon which such lot flanks,
and shall conform to the respective front yard requirement of 7.5 metres;
• a maximum dwelling depth of 23 metres, whereas the By-law states that the
maximum dwelling depth for lots with depths up to and including 40 metres shall be
17 metres;
• a maximum lot coverage of 43 percent, whereas the By-law permits a maximum lot
coverage of 33 percent;
• a covered platform and associated covered steps (front porch) not exceeding
1.0 metre in height above grade and not projecting more than 7.4 metres into the
required front yard, whereas the By-law permits uncovered steps or platforms not
exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres
into any required front yard, not 1.0 metre into any required side yard (2511 Section
5.8(b));
• a covered platform and associated covered and uncovered steps (side porch) not
exceeding 1.0 metre in height above grade and not projecting more than 2.8 metres
into the required front yard, whereas the By-law permits uncovered steps or
platforms not exceeding 1.0 metre in height above grade and not projecting more
than 1.5 metres into any required front yard, not 1.0 metre into any required side
yard (2511 Section 5.8(b)); and
• a vehicle in the rear yard to be set back a minimum of 0.0 metres from the south lot
line, whereas the By-law states that vehicles parked in a rear yard must be set back
a minimum 1.0 metre from the nearest lot line.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 4 of 32
The applicant requests approval of these variances in order to facilitate the submission
of an application for Building Permit to permit the construction of a detached dwelling.
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services and 13 area residents.
Sarah Grant, applicant, Annette Koczian, agent, were present to represent the
application. Carlie Weppler was present in favour of the application.
Carlie Weppler, spoke in support of the minor variance application, and indicated the
following: support of the proposed 43 percent lot coverage as this is a common
occurrence throughout the neighbourhood; support of the variance to maximum building
depth, identified that this is an unique shaped lot with respect to interpretation of
required setbacks and the road configuration of Park Crescent, and hopeful that the
Committee approve the requested variances this evening.
Given the request by City staff to table the application to allow the applicant to address
Engineering Services comments; to potentially adjust any variances, and to work with
staff to revise the site plan, if necessary, Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Tom Copeland
That application P/CA 61/22 by S. Wyce & B. Grant, be Tabled to address Engineering
Services comments; to potentially adjust any variances, and to work with staff to revise
the site plan, if necessary.
Carried Unanimously
4.3 (Tabled at the February 9, 2022 Hearing)
P/CA 40/22
W. & P. Grant
521 Bella Vista Drive
Moved by Eric Newton
Seconded by Sean Wiley
That application P/CA 40/22 by W. & P. Grant be lifted from the table.
Carried Unanimously
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18
to permit:
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 5 of 32
• a minimum front yard depth of 6.0 metres, whereas the By-law requires a minimum
front yard depth of 7.5 metres; and
• a minimum side yard depth of 1.2 metres, whereas the By-law requires a minimum
side yard depth of 1.5 metres.
The applicant requests approval of these variances in order to obtain a building permit
to construct a new detached dwelling with garage.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variances meet the four tests of the Planning Act.
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services, Toronto and Region Conservation Authority (TRCA) and
three area residents.
Bill Grant, applicant, and Yaso Somalingam, agent, were present to represent the
application. No further representation was present in favour of or in objection to the
application.
Yaso Somalingam outlined the proposal and stated the application is minor in nature
and meets the four tests of the Planning Act. In response to questions from Committee
Members, Yaso Somalingam, stated the 1.2 metre variance is only for the corner of the
rear of the dwelling; the applicant came to an agreement with the neighbour and there
will be a foundation for a retaining wall and a new fence to provide privacy. He also
explained TRCA requires a 2.0 metre wide setback in order to access the rear of the
property if works are ever required.
Bill Grant stated he has spoken with TRCA and they require a 2.0 metre setback on the
west to accommodate access to the rear of the property for any required maintenance,
and was assured by TRCA that the City would not have a problem with the 2.0 metre
setback. Now at this late date the City has indicated concerns with the reduced east
side yard setback. In response to questions from Committee Members regarding the
significant engineering issues, removing the request for a 1.2 metre side yard, how is
the intent of the Zoning By-law met, and are 5 parking spaces required, the applicant
and the agent stated the neighbour on the eastside advised that a reduced side yard of
1.2 metre is only required at one corner of the house, a verbal agreement has been
reached with the neighbour to the east to construct a foundation for the retaining wall
and fence on the property line, and additional parking is required as parents will be
living with the property owners.
In response to a question from a Committee Member, the Secretary-Treasurer indicated
that TRCA has provided written comments based on the site plans circulated by City
Development indicating they have no concerns with the requested variances.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 6 of 32
After review of the staff report to the Committee of Adjustment, hearing questions from
Committee Members and the responses from the applicant and agent, reading the
concerns raised from Engineering Services with respect to the reduced side yard depth
of 1.2 metres; and recognizing the applicant worked with the City to arrive at a solution
and the Toronto and Region Conservation Authority staff to address TRCA’s
requirements, not convinced that a reduction in the east side yard is warranted, Sean
Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Denise Rundle
That a minimum side yard depth of 1.2 metres for application P/CA 40/22 by W. & P.
Grant, be Refused on the grounds that the requested variance is not minor in nature,
not desirable for the appropriate development of the land; and
That the minimum front yard depth of 6.0 metres for application P/CA 40/22 by W. & P.
Grant, 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 Zoning By-law, subject to the following
condition:
1. That these variances apply only to the proposed new detached dwelling with
garage, as generally sited (and revised with a 1.5 metre east side yard) and outlined
on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7, contained in the
staff report to the Committee of Adjustment, dated April 13, 2022).
Carried Unanimously
4.4 P/CA 43/22
M. Asgary
681 Front Road
The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18,
7872/21 & 7900/22, to permit:
• a minimum front yard depth of 7.1 metres for the second floor front wall, whereas the
By-law requires a minimum front yard depth of 7.5 metres;
• covered steps and a platform not exceeding 1.6 metres in height above grade, not
projecting more than 0.5 metres into the required front yard, whereas the By-law
requires uncovered steps or platforms not exceeding 1.0 metre in height above
grade and not projecting more than 1.5 metres into any required front yard;
• a minimum rear yard depth of 6.2 metres for a rear uncovered porch with steps,
whereas the By-law requires a minimum rear yard depth of 7.5 metres;
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 7 of 32
• uncovered steps not exceeding 1.0 metre in height above grade and not projecting
more than 1.0 metres into the side yard, whereas the By-law requires Uncovered
steps or platforms not exceeding 1.0 metre in height above grade and not projecting
more than 0.6 metres into any required side yard;
• a maximum front entrance elevation of 1.6 metres above the average grade,
whereas the By-law requires a maximum elevation of the front entrance of
1.2 metres above the average grade;
• a parking space within a private garage with a minimum width of 3.0 metres and a
minimum depth of 5.5 metres, whereas the By-law requires each parking space
within a private garage shall have a minimum width of 3.0 metres and a minimum
depth of 6.0 metres; and
• a minimum front yard setback of 7.1 metres based on the shortest front yard setback
of adjacent dwellings, whereas the By-law requires the minimum front yard setback
shall be equal to the shortest existing front yard setback of the dwellings on the
immediately abutting lots located along the same side of the street and within the
same block.
The applicant requests approval of these variances in order to recognize a newly
constructed detached dwelling.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variances meets the four tests of the Planning Act.
Input from other sources were received from the Applicant, City’s Building Services and
City’s Engineering Services.
M. Asgary, 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, M. Asgary explained the number of
variances being applied for is a result of the number of revisions to the design of the
dwelling. He explained the previous minor variance application for the height, the appeal
to the Local Planning Appeal Tribunal (LPAT), the Building permit process and the
submission of three sets of revisions. He stated the reason for the rear yard variance of
6.2 metres is because of the lot is irregular in size.
In response to a question from a Committee Member, the Secretary-Treasurer
explained two of the requested variances are in relation to the Infill and Replacement
Housing By-laws that have been passed by City Council and have been appealed to the
Ontario Land Tribunal (OLT). The Secretary-Treasurer also explained the process of
how minor variance application zoning checks are being done.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 8 of 32
After reviewing the staff report to the Committee of Adjustment, questions from
Committee Members and the responses from the applicant, Tom Copeland moved the
following motion, Sean Wiley also added given there is no public input and that the
application appears to meet the four tests of the Planning Act, Sean Wiley seconded the
motion:
Moved by Tom Copeland
Seconded by Sean Wiley
That application P/CA 43/22 by M. Asgary, 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
Zoning By-law, subject to the following condition:
1. That these variances apply only to the existing two storey detached dwelling with
an attached garage including the existing uncovered platform and associated steps
(front porch), existing uncovered platform (rear porch) and associated steps, and
uncovered steps in the north side yard, as generally sited and outlined on the
applicant’s submitted as-built survey (refer to Exhibits 2, 3 & 4, contained in the
staff report to the Committee of Adjustment, dated April 13, 2022).
Motion Defeated
Vote:
Tom Copeland in favour
David Johnson opposed
Eric Newton opposed
Denise Rundle opposed
Sean Wiley in favour
After reviewing the staff report to the Committee of Adjustment, hearing questions from
Committee Members and the responses from the applicant, it is felt that the applicant
can conform to the rear yard depth by reducing the deck, Denise Rundle moved the
following motion:
Moved by Denise Rundle
Seconded by Sean Wiley
That a minimum rear yard depth of 6.2 metres for a rear uncovered porch with steps for
application P/CA 43/22 by M. Asgary, be Refused on the grounds that the requested
variance is not minor in nature, not desirable for the appropriate development of the
land; and
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 9 of 32
That all other variances for application P/CA 43/22 by M. Asgary, 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 Zoning By-law, subject to the following condition:
1. That these variances apply only to the existing two storey detached dwelling with
an attached garage including the existing uncovered platform and associated steps
(front porch), and uncovered steps in the north side yard, as generally sited and
outlined on the applicant’s submitted as-built survey (refer to Exhibits 2, 3 & 4,
contained in the staff report to the Committee of Adjustment, dated April 13, 2022).
Carried
Vote:
Tom Copeland in favour
David Johnson in favour
Eric Newton opposed
Denise Rundle in favour
Sean Wiley in favour
4.5 P/CA 44/22
V. Pejcinovski
1329 Broadview Street
The applicant requests relief from Zoning By-law 2520, as amended by By-laws
7873/21 & 7901/22:
• to permit a minimum front yard depth of 7.1 metres, whereas the By-law establishes
a minimum front yard depth of 7.5 metres;
• to permit a covered platform (porch) and uncovered steps not exceeding 1.2 metres
in height above grade and not projecting more than 2.9 metres into the required
front yard, whereas the By-law requires uncovered steps or platforms not exceeding
1.0 metre in height above grade and not projecting more than 1.5 metres into any
required front yard;
• to permit an uncovered platform (deck) not exceeding 1.0 metre in height above
grade and not projecting more than 1.8 metres into the side yard (west), whereas the
By-law permits uncovered steps or platforms not exceeding 1.0 metre in height
above grade and not projecting more than 1.0 metre into any required side yard;
and.
• to permit a minimum rear yard depth of 3.3 metres for an uncovered rear deck with
associated steps, whereas the By-law establishes a minimum rear yard depth of
7.5 metres.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 10 of 32
The applicant requests approval of this minor variance application in order to facilitate
the submission of a Building Permit Application to permit the construction of a second
storey addition, front covered porch with steps, and to recognize the existing rear
platform (deck) with associated steps.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variances meets the four tests of the Planning Act.
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services and two area residents.
Tomasz Goral, agent, was present to represent the application. Sharon Whiteside was
present in objection to the application.
Tomasz Goral explained the variances are for the bay window, front porch to provide
better curb appeal and to recognize the existing deck that was built without a permit.
Given that the application appears to meet the four tests of the Planning Act, Sean
Wiley moved the following:
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 44/22 by V. Pejcinovski, 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
Zoning By-law, subject to the following condition:
1. That these variances apply only to the second storey addition, front covered porch
and uncovered steps, and to recognize the existing uncovered rear yard deck with
associated steps, as generally sited and outlined on the applicant’s submitted
plans (refer to Exhibits 2 & 3, contained in the staff report to the Committee of
Adjustment, dated April 13, 2022).
Carried Unanimously
4.6 P/CA 46/22
M. Khan & E Barnicutt
2300 Southcott Road
The applicant requests relief from Zoning By-law 3036, as amended by By-law 5548/99,
to permit an uncovered platform not exceeding 2.5 metres in height above grade to
project 4.2 metres into the required rear yard, whereas the By-law requires uncovered
steps and platforms not exceeding 1.0 metre in height above grade to project not more
than 1.5 metres into the required rear yard.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 11 of 32
The applicant requests approval of this variance in order to obtain a building permit to
construct an uncovered platform (deck) in the rear yard.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variance meets the four tests of the Planning Act.
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services, Toronto and Region Conservation Authority and seven
area residents.
Mike Khan, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Based on the staff report to the Committee of Adjustment, no concerns from Toronto
and Region Conservation Authority, Engineering Services, Building Services,
neighbours, and 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 46/22 by M. Khan & E Barnicutt, 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 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 plans (refer to Exhibits 2 & 3, contained in the
staff report to the Committee of Adjustment, dated April 13, 2022).
Carried Unanimously
4.7 P/CA 47/22 & P/CA 48/22
M. Anjam
700 Hillview Crescent
P/CA 47/22 – Part 1
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18,
By-law 7872/21 and By-law 7900/22, to permit:
• a minimum lot area of 465 square metres, whereas the By-law requires a minimum
lot area of 550 square metres;
• a minimum front yard of 3.5 metres, whereas the By-law requires a minimum front
yard of 7.5 metres;
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 12 of 32
• a minimum front yard setback of 3.5 metres, whereas the minimum front yard
setback of the dwellings on the immediately abutting lots located along the same
side of the street and within the same block are greater than 3.5 metres, whereas
the By-law states the minimum front yard setback shall be equal to the shortest
existing front yard setback of the dwellings on the immediately abutting lots located
along the same side of the street and within the same block;
• a minimum rear yard of 1.5 metres, whereas the By-law requires a minimum rear
yard of 7.5 metres; and
• a covered and uncovered platform and associated uncovered steps (front porch) not
exceeding 1.2 metres in height above grade and not projecting more than 6.2 metres
into the required front yard, whereas the By-law permits uncovered steps or platforms
not exceeding 1.0 metre in height above grade and not projecting more than
1.5 metres into any required front yard, not 1.0 metre into any required side yard.
P/CA 48/22 – Part 2
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18,
By-law 7872/21 and By-law 7900/22, to permit:
• a minimum lot area of 505 square metres, whereas the By-law requires a minimum
lot area of 550 square metres;
• a minimum south side yard of 1.6 metres, whereas the By-law states that where a
garage is erected as part of a detached dwelling, the minimum required side yard
shall be 1.8 metres;
• a minimum north flankage side yard of 3.5 metres, whereas the By-law states that
where a main building is erected upon a corner lot with its main front entrance facing
the front of such lot, the minimum width of the side yard facing the street upon which
the lot flanks shall be 4.5 metres; and
• a covered and uncovered platform and associated uncovered steps (front porch) not
exceeding 1.2 metres in height above grade and not projecting more than 1.6 metres
into the required front yard, whereas the By-law permits uncovered steps or
platforms not exceeding 1.0 metre in height above grade and not projecting more
than 1.5 metres into any required front yard, not 1.0 metre into any required side
yard.
The applicant requests approval of these variances in order to sever the property
resulting in a total of two lots and to construct two detached dwellings.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variances to side yard setback and projection/height of the front porch on Part 2
(P/CA 48/22) meet the four tests of the Planning Act; however, the requested variances
to lot area, front yard setback, rear yard setback and projection/height of the front porch
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 13 of 32
on Part 1 (P/CA 47/22), and the variances to lot area and north flankage side yard on
Part 2 (P/CA 48/22) do not conform to the intent of the Zoning By-law, are not desirable
for the appropriate development of the land and are not minor in nature.
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services, and twelve area residents.
Nadeem Irfan, agent, was present to represent the application. Paul White and Michelle
Osborne were present in objection to the applications.
Nadeem Irfan outlined the applications, and indicated the following: proposed lots are
similar in frontage and area to existing lots in the area, as of right one house would not
need variances and could be 7,000 square feet floor area which is not desirable, Part 2
complies with most of the By-law provisions and is supported by staff, and 2 houses/lots
require variances due to the interpretation of the by-law provisions.
Paul White appeared in opposition to the proposal, and indicated the following: proposal
has been tabled by the Region of Durham Land Division Committee; City staff
requested that variances be addressed prior to severance applications being
considered; no objections to large homes as long as they conform to zoning, and
request Committee refuse the applications.
Michelle Osborne appeared in opposition to the proposals, indicated she speaks on
behalf of the residents of Stonebridge Lane, and outlined the following: area is very
unique, disappointing there are many (10) variances, requested variances are not
minor, direct neighbours will be impacted, ample room for one dwelling, and in favour of
growth that makes sense.
In response to questions from a Committee member, it was established that Michelle
Osborne lives within 60 metres of the subject property, and that the supporting 8 letters
are from people that are not immediately or directly impacted by the proposal.
The agent in response to a question from a Committee member, indicated that the
proposal is desirable as it has potential to be severed, the intent of the Official Plan is
met, ample amenity space is provided, variances are required due to the interpretation
of the Zoning By-law, and new urban design guidelines are satisfied.
Denise Rundle outlined the following: it is not expected that a 7,000 square foot home
will be built given the character of the neighbourhood, the Region of Durham Land
Division has astutely deferred the consent applications for the minor variances to be
addressed first, that infill housing is to fit in with the character and lotting of
neighbourhood, the proposed lots are out of character with the lots to the south and
west, house replacement is more appropriate than infill development that would require
future land assembly, and then Denise Rundle moved the following motion:
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 14 of 32
Moved by Denise Rundle
Seconded by Tom Copeland
That applications P/CA 47/22 and P/CA 48/22 by M. Anjam, be Refused in their entirety
on the grounds that the requested variances are not minor in nature, not desirable for
the appropriate development of the land, and in not keeping with the general intent and
purpose of the Official Plan and Zoning By-law.
Carried Unanimously
4.8 P/CA 49/22
S. Xavier
3290 Greenburn Place
The applicant requests relief from Zoning By-law 3037, as amended by By-law 2044/85,
to permit an accessory building (detached garage) with a maximum height of 4.6 metres
within a residential zone, whereas the By-law permits a maximum height of 3.5 metres
for accessory buildings within any residential zone.
The applicant requests approval of this variance in order to obtain a building permit to
construct an accessory structure (detached garage).
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variance meets the four tests of the Planning Act.
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services and sixteen area residents.
Imad Samad, agent, was present to represent the application. Robert Seiler, Estella &
Robert Prosser, Janan Bilbily, Teresa Holden, Salman Bhutta, Daivd Bray and Hal
Whorms were present in objection to the application.
Robert Seiler appeared in opposition, in addition to a written submission, the following
was outlined: a restrictive covenant exists between the developer and the City, garage
is too close to the property to the north, a review of the By-law indicates a 7.5 to 10
metre setback is required, City Development has made an honest error in interpreting
the By-law.
Estella Prosser appeared in opposition, and outlined the following: construction of a
warehouse for storage of cars and traffic generated will be devastating to the
community, industrial warehouse sized building is not in character with upscale houses,
and there will be a negative impact on property values.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 15 of 32
Teresa Holden appeared in opposition on behalf of the Board of Directors of the
Homeowner Association representing 29 of the 30 homeowners/shareholders of the
community, and in addition to a written submission the following was outlined: strong
opposition to both the variances and to the garage structure, unique community akin to
a cottage area without the water traffic, drawings do not covey that subject property and
garage is a waterfront property in full view of the lake, contravenes clause 5 of
restrictive covenant that requires structures to be built 15.24 metres from side property
line, and a structure to store15 sports cars contravenes clause 2 prohibits motorized
vehicles on the lake and common lands.
Salman Bhutta appeared in agreement with previous residents, and identified concerns
regarding environmental degradation.
Hal Whorms appeared in agreement with previous residents, and identified concerns
over the impact on private services and erosion from drainage from a flat roof.
David Bray appeared in opposition, and in addition to written submission outlined the
following: unacceptable to allow a commercial sized structure to be built on a residential
property; 3 businesses registered at this property; zoning should protect character of
area, and property values.
Imad Samad outlined the proposal, indicating a workshop is not proposed, the purpose
of the structure is to store the owner’s collection of fancy vehicles. Zoning allows
structure, requesting variance to building height to allow an appropriately designed
proportional structure using good materials.
Janan Bilbily appeared in opposition, outlining the following: the current fleet of 7 to 10
cars has created a significant increase in street traffic and car noise that exceeds noise
levels permitted by City, a structure to store more vehicles will worsen an already bad
condition, ground water will be exhausted when fleet needs to be maintained and
washed, does not meet the purpose of the Official Plan as the proposed garage will be
appear as a primary use due to its size and the house as a secondary use, the garage
is proposed too close to shared property line, the requested variance is not minor as it is
over 31 percent greater the maximum permitted, and the structure is not just to store
cars but for maintenance and showroom.
In response to a question from a Committee member about enforcement of the
restrictive covenant, Ms. Holden described the restrictive covenant as being established
in 1986, is registered on title, contains 6 clauses, and is included in the Saxon Glen
homeowner handbook.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 16 of 32
In response to a question from a Committee member the Secretary-Treasurer
responded that restrictive covenants between developers and land owners are not
enforced by the City notwithstanding they may be registered on title, such covenants
may be enforced by the Board of the homeowners association.
In response to a question from a Committee member, the applicant indicated that there
is parking for 3 vehicles within the house, and garage is proposed to accommodate 5
additional vehicles.
Given that the Committee has heard from the neighbours, that the matter before the
Committee to consider is a variance to the maximum building height, that the increased
building height when combined with the size of the structure is not minor and is not
desirable for the appropriate development of the land, and as added by a friendly
amendment to recognize that there is a restrictive covenant registered on title requiring
a 15.2 metre setback of structures, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Denise Rundle
That application P/CA 49/22 by S. Xavier, be Refused on the grounds that the
requested variance is not minor in nature, not desirable for the appropriate development
of the land, and not in keeping with the general intent and purpose of the Official Plan
and Zoning By-law.
Carried Unanimously
4.9 P/CA 50/22
T. Chaudhry
123 Secord Street
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93,
to permit:
• an uncovered platform (rear main-floor deck) not exceeding 2.6 metres in height above
grade and not projecting more than 1.5 metres into the required rear yard, whereas
the By-law permits uncovered steps or platforms not exceeding 1.0 metre in height
above grade and not projecting more than 1.5 metres into any required front or rear
yard and not more than 0.5 metres in any required side yard; and
• a maximum lot coverage of 40 percent, whereas the By-law permits a maximum lot
coverage of 38 percent.
The applicant requests approval of these variances in order to obtain a building permit
for the reconstruction of a detached dwelling and associated rear deck due to fire
damage.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 17 of 32
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variances meet the four tests of the Planning Act.
Input from other sources were received from the City’s Building Services and City’s
Engineering Services.
Patrick Mcauliffe, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Patrick Mcauliffe explained the history of the subject property; stated the deck will be
the same size as what was previously there and the maximum lot coverage variance is
a result of building over the garage.
Based on the staff report to the Committee of Adjustment, questions from a Committee
Member and the responses from the agent and that the application appears to meet the
four tests of the Planning Act, Tom Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Eric Newton
That application P/CA 50/22 by T. Chaudhry, 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
Zoning By-law, subject to the following condition:
1. That these variances apply only to the proposed detached dwelling and associated
rear deck, as generally sited and outlined on the applicant’s submitted plans (refer
to Exhibits 2 & 3, contained in the staff report to the Committee of Adjustment,
dated April 13, 2022).
Carried Unanimously
4.10 P/CA 51/22
P. Pathmanatan & K. Pushpaharan
1832 Appleview Road
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21
and By-law 7902/22 to permit a minimum side yard setback of 1.7 metres, whereas the
By-law requires a minimum side yard setback of 1.8 metres.
The applicant requests approval of these variances in order to recognize an existing
reduced side (north) yard setback.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variance meets the four tests of the Planning Act.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 18 of 32
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services and Toronto and Region Conservation Authority.
David Marasigan, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Danilo Marasigan explained the reason for the minor variance application is due to a
construction error with the foundation.
Given that there are no objections from the Toronto and Region Conservation Authority;
no objections received from neighbhours, and that the application is minor in nature,
Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 51/22 by P. Pathmanatan & K. Pushpaharan, 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 Zoning By-law, subject to the following condition:
1. That these variances apply only to the existing detached dwelling, as generally
sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3,
contained in the staff report to the Committee of Adjustment, dated April 13, 2022).
Carried Unanimously
4.11 P/CA 52/22
A. Ford
861 Krosno Boulevard
The applicant requests relief from Zoning By-law 2520 to permit a minimum side yard
setback of 1.2 metres, whereas the By-law requires a minimum side yard setback of
1.5 metres.
The applicant requests approval of this variance in order to recognize an existing
carport with a reduced south side yard setback.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variance meet the four tests of the Planning Act.
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services and Toronto and Region Conservation Authority.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 19 of 32
Clinton Edwards, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Clinton Edwards provided a history of the subject property and explained the application
and stated this application meets the four tests of the Planning Act and Official Plan and
desirable in nature and is minor in nature.
Based on the staff report to the Committee of Adjustment, and that the application
appears to meet the four tests of the Planning Act, Eric Newton moved the following
motion:
Moved by Eric Newton
Seconded by Tom Copeland
That application P/CA 52/22 by A. Ford, 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 Zoning
By-law, subject to the following condition:
1. That these variances apply only to the existing detached dwelling and attached
carport, as generally sited and outlined on the applicant’s submitted plan (see
Exhibit 2, contained in the staff report to the Committee of Adjustment, dated April
13, 2022).
Carried Unanimously
4.12 P/CA 53/22
T. Mylvaganam
125 Woodview Drive
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21
and By-law 7902/22, to permit:
• a minimum north side yard and south side yard of 1.2 metres, whereas the By-law
requires a minimum side yard of 1.8 metres; and
• a maximum building height of 9.8 metres, whereas the By-law permits a maximum
building height of 9.0 metres.
The applicant requests approval of these variances in order to facilitate the submission
of an application for Building Permit to permit the construction of a detached dwelling.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variance for a maximum building height meets the four tests of the Planning Act and the
requested variance for a minimum north side yard and south side yard does not meet
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 20 of 32
the four tests of the Planning Act. The Secretary-Treasurer also outlined that City staff
are of the opinion that if the applicant was to amend the minimum north side yard and
south side yard with to 1.5 metres the variances would meet the four tests.
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services and six area residents.
Thayalan Mylvaganam, applicant, and Tom Vanle, agent, were present to represent the
application. Robert Gummow was present in objection to the application.
Tom Vanle explained the application and stated the variances being applied for would
be compatible with the surrounding neighbourhood. In response to questions from
Committee Members, Tom Vanle stated this is a custom built home for the applicant to
live and not for resale; is aware of comments received from City’s Engineering Services;
not willing to reduce the height or to extend the floorspace into the rear yard and the
third floor will not be a habitable space as it is a truss roof.
In response to a question from a Committee Member, Thayalan Mylvaganam stated he
willing to amend the application to permit a minimum north side yard and south side
yard of 1.5 metres.
Robert Gummow stated the 1.5 metre side yard would be more appropriate and
expressed a concern with the drainage and questioned if the drainage of the roof will be
to the front towards Woodview Drive instead of the backyard.
After hearing questions from Committee Members and the responses from the applicant
and agent, and the applicant amending the application for the minimum north side yard
and south side yard of 1.5 metres, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Denise Rundle
That amended application P/CA 53/22, by T. Mylvaganam, be Approved on the
grounds that the maximum building height of 9.8 metres and minimum north side yard
and south side yard of 1.5 metres 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 Zoning By-law, subject to the following conditions:
1. That the submitted plans be revised to show the proposed 2-storey detached
dwelling setback a minimum of 1.5 metres from the north and south side lot lines.
2. That these variances apply only to the proposed 2-storey detached dwelling, as
generally sited (and revised with a 1.5 metre north and south side yard setback) and
outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7,
contained in the staff report to the Committee of Adjustment, dated April 13, 2022).
Carried Unanimously
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 21 of 32
4.13 P/CA 54/22
J. Rajaratnam & K. Sarvendran
1946 Liverpool Road
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21
and By-law 7902/22, to permit a minimum side yard depth of 0.8 of a metre, whereas
the By-law requires a minimum side yard depth of 1.8 metres.
The applicant requests approval of this variance in order to construct a three-car garage
attached to an existing detached dwelling.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variance meets the four tests of the Planning Act.
Input from other sources were received from the Applicant, City’s Building Services and
City’s Engineering Services.
Jeevan Rajaratnam, applicant, and Kevin Washington, agent, were present to represent
the application. No further representation was present in favour of or in objection to the
application.
Kevin Washington explained the application. In response to questions from Committee
Members, Kevin Washington stated this is an addition to a new build on the north side;
he is are aware of the Engineering Services comments; and stated there is no garage
so they are currently parking in the driveway.
After a review of the staff report to the Committee of Adjustment, hearing questions from
Committee Members and the responses from the applicant and agent, comments from
Engineering Services, and that the application appears to meet the four tests of the
Planning Act, Tom Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Eric Newton
That application P/CA 54/22 by J. Rajaratnam & K. Sarvendran, 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 Zoning By-law, subject to the following conditions:
1. That this variance apply only to the detached dwelling, as generally sited and
outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6,
contained in the staff report to the Committee of Adjustment, dated April 13, 2022).
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 22 of 32
2. That prior to the issuance of a building permit, the property owner performs grading
works up to the lot line, to the satisfaction of Engineering Services.
Carried
Vote:
Tom Copeland in favour
David Johnson opposed
Eric Newton in favour
Denise Rundle in favour
Sean Wiley in favour
4.14 P/CA 55/22
R. McKenzie & D. John
1824 Holbrook Court
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4912/97,
to:
• permit a minimum rear yard depth of 7.4 metres, whereas the By-law requires a
minimum rear yard of 7.5 metres;
• permit a maximum lot coverage of 46 percent, whereas the By-law requires a
maximum lot coverage of 38 percent;
• permit uncovered steps or platforms (rear deck) not exceeding 1.0 metre in height
above grade and not projecting more than 1.6 metres into the required rear yard,
whereas the By-law permits uncovered steps or platforms not exceeding 1.0 metre in
height above grade and not projecting more than 1.5 metres into any required front
yard
• permit uncovered steps or platforms (rear deck) not exceeding 1.0 metre in height
above grade and not projecting more than 1.1 metres into the required side yard,
whereas the By-law permits uncovered steps or platforms not exceeding 1.0 metre in
height above grade and not projecting more than 0.6 metres into any required side
yard;
The applicant requests approval of this minor variance application in order to facilitate
the submission of an Application for Building Permit to permit the construction of a one-
storey addition (sunroom) with rear deck.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variance(s) meet(s) the four tests of the Planning Act.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 23 of 32
Input from other sources were received from the Applicant, City’s Building Services and
City’s Engineering Services.
Rowan McKenzie, applicant, and Kevin Washington, agent, were present to represent
the application. No further representation was present in favour of or in objection to the
application.
Kevin Washington explained the application and stated they were able to eliminate two
variances for the rear yard depth and the encroachment projection of uncovered steps
or platforms into the required rear yard variances.
Given that the variances are relatively small adjustments, the property to the west is
larger and this addition will have minimal impact on the abutting neighbours; subject to
the revision made by the applicant to eliminate the two variances to the rear yard depth
and projection into the rear yard, it is recommended that the two remaining variances to
maximum lot coverage and projection into the required side yard 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 55/22 by R. McKenzie & D. John, be Approved on the grounds
that the requested variances to maximum lot coverage and projection into the required
side yard 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 Zoning By-law,
subject to the following condition:
1. That the variances to the apply only to the proposed one-storey addition and rear
deck with associated steps, as generally sited and outlined on the applicant’s
submitted plans (refer to Exhibits 2, 3, 4, & 5, contained in the staff report to the
Committee of Adjustment, dated April 13, 2022).
Carried Unanimously
4.15 P/CA 56/22 & P/CA 57/22
1000118968 Ontario Ltd. & Whitepine Group Inc.
1835 & 1837 Woodview Avenue
P/CA 56/22 – 1835 Woodview Avenue
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum north side yard setback of 1.2 metres, whereas the By-law requires a
minimum side yard setback of 1.5 metres.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 24 of 32
P/CA 57/22 – 1837 Woodview Avenue
The applicant requests approval from Zoning By-law 3036, as amended, to permit a
minimum south side yard setback of 1.2 metres, whereas the By-law requires a
minimum side yard setback of 1.5 metres.
The applicant requests approval of these variances in order to facilitate the submission
of an application for Building Permit to permit the construction of two detached
dwellings.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variances meet the four tests of the Planning Act.
Input from other sources were received from the Applicant, City’s Building Services and
City’s Engineering Services.
Larry Macdonell, 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 indicated
the City is not aware of the result of the Land Division Committee decision, and
explained the Land Division Committee Decision will not impact the consideration of
these minor variance applications.
To clarify that these variances are for the interior side yards only, so regarding
1835 Woodview Avenue the variance is for the north side yard setback and
1837 Woodview Avenue the variance is for the south side yard setback and, and 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 applications P/CA 56/22 & P/CA 57/22 by 1000118968 Ontario Ltd. & Whitepine
Group 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 Zoning By-law, subject to the following
condition:
1. That these variances apply only to the detached dwellings, as generally sited and
outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4, contained in
the staff report to the Committee of Adjustment, dated April 13, 2022).
Carried Unanimously
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 25 of 32
4.16 P/CA 58/22 & P/CA 59/22
1000118936 Ontario Ltd. & 1000119025 Ontario Ltd.
1586 & 1588 Oakburn Street
P/CA 58/22 – 1586 Oakburn Street
The applicant requests relief from Zoning By-law 3036, as amended, to permit:
• a minimum north side yard setback of 1.2 metres, whereas the By-law requires a
minimum side yard setback of 1.5 metres.
P/CA 59/22 – 1588 Oakburn Street
The applicant requests approval from Zoning By-law 3036, as amended, to permit:
• a minimum north side yard setback of 1.2 metres, whereas the By-law requires a
minimum side yard setback of 1.5 metres.
The applicant requests approval of these variances in order to facilitate the submission
of an application for Building Permit to permit the construction of two detached
dwellings.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variances meet the four tests of the Planning Act.
Input from other sources were received from the Applicant, City’s Building Services and
City’s Engineering Services.
Larry Macdonell, 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 provided
clarification that the variances are for the north side yard on each of the subject
properties only.
Given the questions asked from Committee Members and the responses from the
agent, clarification provided by the Secretary-Treasurer, that further clarification that
these variances only apply to the north side yards only; and that the application appears
to meet the four tests of the Planning Act, Sean Wiley moved the following motion:
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 26 of 32
Moved by Sean Wiley
Seconded by Denise Rundle
That application P/CA 58/22 & P/CA 59/22 by 1000118936 Ontario Ltd. & 1000119025
Ontario 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 Zoning By-law, subject to the
following conditions:
1. That these variances apply only to the detached dwellings, as generally sited and
outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4, contained in
the staff report to the Committee of Adjustment, dated April 13, 2022).
2. That prior to the issuance of a building permit, the property owner performs grading
works up to the lot line and/or create a common swale on the lot line, to the
satisfaction of Engineering Services.
Carried Unanimously
4.17 P/CA 60/22
F. Molinaro
1771 Woodview Avenue
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21
and By-law 7902/22, to permit:
• a minimum north side yard and south side yard of 1.2 metres, whereas the By-law
states where a garage is erected as part of a detached dwelling, the minimum
required side yard shall be 1.5 metres;
• a maximum dwelling depth of 23 metres, whereas the By-law states that the maximum
dwelling depth for lots with depths greater than 40 metres shall be 20 metres; and
• a maximum lot coverage of 27 percent, whereas the By-law states that for lots
greater than or equal to 1,000 square metres in area, the maximum lot coverage
shall be 25 percent.
The applicant is proposing to sever the property resulting in a total of 2 lots. The applicant
requests approval of these variances in order to construct a bungalow on the proposed
north lot.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variances meet the four tests of the Planning Act.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 27 of 32
Input from other sources were received from the Applicant, City’s Building Services and
City’s Engineering Services.
The applicant or agent was not present to represent the application. No further
representation was present in favour of or in objection to the application.
Given that there are no questions for the agent, and that the application appears to
meet the four tests of the Planning Act, Eric Newton moved the following motion:
Moved by Eric Newton
Seconded by Tom Copeland
That application P/CA 60/22 by F. Molinaro, 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
Zoning By-law, subject to the following conditions:
1. That these variances apply only to the proposed bungalow on the proposed north
lot (Part 1), as generally sited and outlined on the applicant’s submitted plans (refer
to Exhibits 2, 3, 4, 5 & 6, contained in the staff report to the Committee of
Adjustment, dated April 13, 2022).
2. That prior to the issuance of a building permit, the property owner performs grading
works up to the lot line and/or create a common swale on the lot line, to the
satisfaction of Engineering Services.
Carried Unanimously
4.18 P/CA 62/22
P. Nelson
1707 Echo Point Court
The applicant requests relief from Zoning By-law No. 3036, as amended by Zoning By-law
1998/85 to permit uncovered steps and platform not exceeding 1.4 metres in height
above grade and not projecting more than 3.6 metres into the required rear 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 in any required front or rear
yard.
The applicant requests approval of this minor variance application in order to obtain a
building permit for the construction of a covered and uncovered deck with steps.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variance meets the four tests of the Planning Act.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 28 of 32
Input from other sources were received from the Applicant, City’s Building Services,
City’s Engineering Services and seven area residents.
Phillip Nelson, applicant, and Tyrone Grey, agent, were present to represent the
application. Deborah Valleau and Ursula Donelan were present in objection to the
application. Chris Gurpersaud and Racqual Nelson were present was present in favour
of to the application.
Tyrone Grey explained that since their last minor variance application they have made
revisions by reducing the upper and lower deck; the use of the lower deck is to allow
safe egress of the building and to allow usable space of the backyard. Pictures were
provided for the Committee to review. The pictures show the rear fence is approximately
8 feet above grade and will not have any privacy concerns. In response to a question
from Committee Members, Tyrone Grey confirmed the upper deck has been reduced so
it is no longer encroaching into the rear yard and have lowered the lower deck to no
more than eight inches above grade.
Phillip Nelson provided a history of the subject property; stated there are no privacy
concerns due to the unusual slope of the rear yard. In response to a question from
Committee Members, Phillip Nelson indicated that pictures have been provided to show
the view points from the first floor and that the lower deck is below the height of the
fence.
Deborah Valleau expressed concerns with loss of privacy, sloping and grading issues;
she also stated no objections with the deck as long as the lower deck is below the fence
line.
In response to a question from a concerned resident, the Secretary-Treasurer clarified
the variance being applied for.
Ursula Donelan expressed concerns with the loss of privacy, grading issues and the
size of the two new homes that have been built.
Chris Gurpersaud spoke in support of the application and stated there are will be no
loss of privacy, and has no issues or concerns with the proposed deck.
Racquel Nelson spoke in support of the application and provided a history of the subject
property.
Given that the applicant has taken into consideration the concerns raised by the
surrounding neighbours and has revised their plans, and that the application appears to
meet the four tests of the Planning Act, Tom Copeland moved the following motion:
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 29 of 32
Moved by Tom Copeland
Seconded by Sean Wiley
That application P/CA 62/22 by P. Nelson, 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 Zoning
By-law, subject to the following condition:
1. That this variance apply only to the proposed covered and uncovered deck with
steps, as generally sited and outlined on the applicant’s submitted plans (refer to
Exhibits 2 & 3, contained in the staff report to the Committee of Adjustment, dated
April 13, 2022).
Carried
Vote:
Tom Copeland in favour
David Johnson in favour
Eric Newton in favour
Denise Rundle opposed
Sean Wiley in favour
4.19 P/CA 63/22 to P/CA 65/22
R. Crook
1771 Spruce Hill Road
P/CA 63/22 – Part 1 (West Lot)
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21
and 7902/22, to permit:
• a minimum front yard setback of 5.0 metres, whereas the By-law requires a
minimum front yard setback of 7.5 metres;
• a minimum side yard setback of 1.4 metres, whereas the By-law requires a minimum
side yard setback of 1.8 metres;
• a minimum side yard setback of 1.4 metres, whereas the By-law requires a minimum
side yard setback of 1.8 metres;
• a maximum lot coverage of 34.5 percent, whereas the By-law requires a maximum
lot coverage of 33 percent;
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 30 of 32
P/CA 64/22 – Part 2 (Middle Lot)
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21
and 7902/22, to permit:
• a minimum front yard setback of 5.0 metres, whereas the By-law requires a
minimum front yard setback of 7.5 metres;
• a minimum side yard setback of 1.4 metres, whereas the By-law requires a minimum
side yard setback of 1.8 metres;
• a minimum side yard setback of 1.45 metres, whereas the By-law requires a
minimum side yard setback of 1.8 metres;
• a maximum lot coverage of 34.5 percent, whereas the By-law requires a maximum
lot coverage of 33 percent;
P/CA 65/22 – Part 3 (East Lot)
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21
and 7902/22, to permit:
• a minimum front yard setback of 5.0 metres, whereas the By-law requires a
minimum front yard setback of 7.5 metres;
• a minimum side yard setback of 1.45 metres, whereas the By-law requires a
minimum side yard setback of 1.8 metres;
• a minimum side yard setback of 1.5 metres, whereas the By-law requires a minimum
side yard setback of 1.8 metres;
• a maximum lot coverage of 34.5 percent, whereas the By-law requires a maximum
lot coverage of 33 percent;
The applicant requests approval of these minor variance applications in order to
facilitate consent applications conditionally approved by the Region of Durham Land
Division Committee to sever the property resulting in a total of three lots and to facilitate
the submission of building permits applications to permit three detached dwellings.
The Secretary-Treasurer outlined that City staff are of the opinion that the requested
variances meet the four tests of the Planning Act.
Input from other sources were received from the City’s Building Services, City’s
Engineering Services, and the Toronto and Region Conservation Authority.
Paul Demczak, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 31 of 32
Paul Demczak outlined the proposal, indicating the following: the streetscape is an
appropriate transition to existing development, and the four tests of the Planning Act are
met.
In response to question a from a Committee Member, the agent responded that the
easement will be removed from the property.
In response to a question from a Committee Member, the Secretary-Treasurer provided
clarification on the location of the easement.
Given that the applicant has moved the dwellings forward to allow for larger backyards
that the front yard setbacks are reasonable and that the application appears to meet the
four tests of the Planning Act, Sean Wiley moved the following motion
Moved by Sean Wiley
Seconded by Eric Newton
That applications P/CA 63/22 to P/CA 65/22 by R. Crook, 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 Zoning By-law, subject to the following conditions:
1. That these variances apply only to the proposed lots and detached dwellings, as
generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2,
3, 4, & 5, contained in the staff report to the Committee of Adjustment, dated
April 13, 2022).
2. That prior to the issuance of a building permit, the property owner performs grading
works up to the lot line and/or create a common swale on the lot line, to the
satisfaction of Engineering Services.
Carried Unanimously
Committee of Adjustment
Hearing Minutes
Wednesday, April 13, 2022
6:30 pm
Electronic Hearing
Page 32 of 32
5.Adjournment
Moved by Eric Newton
Seconded by Denise Rundle
That the 3rd hearing of the 2022 Committee of Adjustment be adjourned at 10:19 pm
and the next hearing of the Committee of Adjustment be held on Wednesday, May
11, 2022.
Carried Unanimously
__________________________May 11, 2022
Date
__________________________
Chair
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Assistant Secretary-Treasurer