HomeMy WebLinkAboutFebruary 8, 2023Committee of Adjustment
Hearing Minutes
Wednesday, February 8, 2023
7:00 pm
Electronic Hearing
Page 1 of 8
Present
Tom Copeland – Chair
Omar Ha-Redeye
Denise Rundle – Co-Vice-Chair
Rick Van Andel
Sean Wiley – Co-Vice-Chair
Also Present
Deborah Wylie, Secretary-Treasurer
Cody Morrison, Secretary-Treasurer – Host
Jasmine Correia, Assistant Secretary-Treasurer
Kerry Yelk, Planner I
Absent
Not applicable.
1. Disclosure of Interest
No disclosures of interest were noted.
2. Adoption of Agenda
Moved by Rick Van Andel
Seconded by Omar Ha-Redeye
That the agenda for the Wednesday, February 8, 2023 hearing be adopted.
Carried Unanimously
3. Adoption of Minutes
Moved by Omar Ha-Redeye
Seconded by Sean Wiley
That the minutes of the 1st hearing of the Committee of Adjustment held Wednesday,
January 11, 2023 be adopted.
Carried Unanimously
Committee of Adjustment
Hearing Minutes
Wednesday, February 8, 2023
7:00 pm
Electronic Hearing
Page 2 of 8
4. Reports
4.1 P/CA 13/23
Highmark (Pickering) Inc.
1640 Kingston Road & 1964 Guild Road
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7860/21,
to permit:
• an air vent associated with a parking structure to be located between the building
and a street line (Kingston Road), whereas the By-law states stairs, stair
enclosures and air vents associated with a parking structure are not permitted
between the building and a street line;
• an air vent constructed in association with a below grade parking structure to
project a maximum of 1.2 metres above established grade, and no closer than
1.5 metres to a street line, whereas the By-law permits air vents constructed in
association with a below grade parking structure to project to a maximum of
1.2 metres above established grade, but no closer than 4.0 metres to a street
line; and
• no building or part of a building, or structure shall be erected outside the building
envelope as illustrated on Schedule II attached hereto (minimum 4.0 metre
setback from the Kingston Road lot line at the southwesterly corner), whereas
the By-law permits no building or part of a building, or structure shall be erected
outside the building envelope as illustrated on Schedule II attached hereto
(minimum 4.5 metre setback from the Kingston Road lot line at the southwesterly
corner).
The applicant requests approval of this minor variance application in order to obtain site
plan approval for a 16-storey and 12-storey apartment building, connected by a 5-storey
podium.
Input from other sources were received from the Applicant, City’s Engineering Services,
City’s Building Services Section and City of Pickering Mayor.
In support of the application, the applicant identified the subject site has frontages onto
two streets, various iterations of the air vent placements discussed with City staff and
none of which would fully comply with the zoning provisions. The minor variances are
requested to permit the air vent in the original location as it has the ability to provide
appropriate landscaping and have the vent fully screened.
Committee of Adjustment
Hearing Minutes
Wednesday, February 8, 2023
7:00 pm
Electronic Hearing
Page 3 of 8
Mike Pettigrew, agent and Morgan Baker, agent were present to represent the
application. No further representation was present in favour of or in objection to the
application.
The agent made a presentation in support of the application.
In response to questions from Committee members, the agent explained that as per the
site plan application they will be planting shrubs of a variety of heights. There will be
shrubs on all sides of the air vent, street trees and shrubs planted along Kingston Road.
The air vent will be a foot high above grade.
The Secretary-Treasurer clarified the provisions for maximum height was carried over
from the site specific by-law, the intent of the variance is not to limit the height, but for
consistency sake.
After reading the report, listening the presentation, noting that one of the variances
requested is due to Durham Region road widening, the air vents will mainly be at grade
with landscaping to minimize visual impact, receiving no public input and the application
meeting the four tests of the Planning Act, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Rick Van Andel
That application P/CA 13/23 by Highmark (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 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 plans (refer to Exhibits 2, 3, 4, 5 & 6
contained in the staff report to the Committee of Adjustment, dated February 8,
2023).
Carried Unanimously
4.2 P/CA 14/23
G. Belcastro
781 Oliva Street
The applicant requests relief from Zoning By-law 2520, to permit:
• a minimum front yard setback of 7.0 metres, whereas the By-law requires a
minimum front yard setback of 7.5 metres;
Committee of Adjustment
Hearing Minutes
Wednesday, February 8, 2023
7:00 pm
Electronic Hearing
Page 4 of 8
• a covered platform and associated steps not exceeding 1.0 metre 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
metre in height above grade and not projecting more than 1.5 metres into any
required front yard;
• an uncovered platform and associated steps not exceeding 1.0 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;
• a covered platform and associated steps not exceeding 1.25 metres in height
above grade and not projecting more than 4.2 metres into the required rear 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 rear yard;
• a second floor uncovered balcony with a minimum rear yard setback of 7.2
metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres;
• uncovered steps and platform not exceeding 1.25 metres in height above grade
and not projecting more than 2.3 metres into the required rear 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 rear yard;
• a maximum lot coverage of 38.5 percent, whereas the By-law requires a
maximum lot coverage of 33.0 percent; and
• to permit a main building on a corner lot with its main front entrance facing the
front of such lot, with a minimum lot flankage width of 3.0 metres, whereas the
By-law requires a main building on a corner lot with its main front entrance facing
the front of such lot, with a minimum lot flankage width of 4.5 metres.
The applicant requests approval of these variances in order to obtain a building permit
for an addition to a detached dwelling.
The Secretary-Treasurer outlined that staff recommends the Committee consider all
staff, agency and public comments and should the Committee find merit in the
application, a condition that the variances apply only to the subject property as generally
sited and outlined on the applicant’s submitted plans.
Input from other sources were received from the Applicant, City’s Engineering Services,
City’s Building Services Section and three area residents.
Committee of Adjustment
Hearing Minutes
Wednesday, February 8, 2023
7:00 pm
Electronic Hearing
Page 5 of 8
In support of the application, the applicant identified they are requesting relief from the
By-law to allow for proper insulation, fire separation, and to construct a covered rear
yard deck which contributes towards lot coverage.
Joe Belcastro, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
The applicant explained the last variance should not be included with this application as
it has already been approved by the Committee in March 2021.
In response to a question from a Committee member, the applicant explained the shed
will remain on site but will be moved to the corner of the property.
The Secretary-Treasurer explained accessory structures (sheds) have a maximum of
five percent lot coverage and is included in the overall lot coverage for the property.
The shed was not included in the applicant’s submitted plans and therefore was not
included in the maximum lot coverage relief of 38.5 percent.
In response to a question from a Committee member, the applicant clarified the existing
rear deck will remain.
Co-Vice-Chair commented the following: the importance of providing drawings that
coincide with what is presently on the property and what is being requested as the
Committee bases approvals on said plans; provided a timeline of events on the property
since the approval of the 2021 application; concerned a third dwelling unit may be
introduced, based on the proposal; does not believe the application meets the four tests
of the Planning Act; concerns of neighbours’ privacy, concerns of the visual impact of
the neighbourhood; the variances being sought will increase the massing and scale of
this lot and immediate neighbourhood; and does not agree with the proposal of a new
driveway within a corner rounding.
The applicant clarified the house is a single-family dwelling, with an accessory dwelling
unit in the basement. He has no intention of making it a three family dwelling. Since the
2021 approval, the decision was appealed by a neighbour who did not agree with an
addition being added to the right of the property, instead he built an addition on top of
the bungalow. The shed was not purposely left out of the drawings, it was an oversight
as he was not aware it was to be included in the lot coverage. If the shed poses an
issue he is willing to remove the structure. The lot coverage being requested is to
accommodate the covered deck, the front setback being requested is to push the
garage forward a foot or two. The 8 variances being sought are minor tweaks to the
already approved 2021 application.
Committee of Adjustment
Hearing Minutes
Wednesday, February 8, 2023
7:00 pm
Electronic Hearing
Page 6 of 8
In response to questions from Committee members, the applicant explained there is a
connection on the landing that connects the addition to the original build. The intent of
the of garage projection is to provide depth and more useable space of the garage.
There will be a total of six bedrooms upstairs and two in the basement dwelling. The
rooms labelled “sitting rooms” on the submitted plans are foyers/entrances into the
house. There have been a lot of larger homes built in this area, in today’s economy a lot
of families are deciding to live together in a means to save money, he would like to
provide that option with this property, while still providing privacy to the families. The
applicant plans on living on the property. The basement unit is currently up for rent.
A Committee member provided the following comments: the internal layout of this house
is not in question as it is permitted and a building permit could be issued without the
variances being approved; believes the covered porch may be pushing the lot coverage
as it is a variance to an already approved variance; from a visual standpoint the
member agrees with the garage projection as it provides varied depths.
In response to questions from a Committee member, the applicant explained the three
parking spaces were approved in 2021. Without the covered rear deck, the lot coverage
would comply with the approved 35 percent lot coverage, but would appreciate approval
of the 38.5 percent for the covered deck to protect the dwelling from weather conditions.
Co-Vice-Chair commented that he believes there are too many unknowns and
inconsistencies with this application for approval.
After reviewing the proposal tonight, reading the staff report, considering neighbour
comments, previous minor variance and OLT decision, looking at previous and recent
submitted drawings and performing a site inspection, it is believed that this application is
not in character with the surrounding homes, and will cause a significant visual impact,
Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Sean Wiley
That application P/CA 14/23 by G. Belcastro, be Refused on the grounds that the
requested variances are 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
Committee of Adjustment
Hearing Minutes
Wednesday, February 8, 2023
7:00 pm
Electronic Hearing
Page 7 of 8
Vote:
Tom Copeland in favour
Omar Ha-Redeye in favour
Denise Rundle in favour
Rick Van Andel opposed
Sean Wiley in favour
4.3 P/CA 15/23
D. Vuong & T. Vu
1800 Liatris Drive
The applicant requests relief from Zoning By-law 3037, as amended by By-law 7020/10,
to permit an existing sunroom with a minimum rear yard depth of 4.2 metres, whereas
the By-law requires a minimum rear yard depth of 7.0 metres.
The applicant requests approval of this variance application in order to obtain a building
permit to permit an existing sunroom addition (12.5 square metres) in the rear yard.
The Secretary-Treasurer outlined that staff recommends the Committee consider all
staff, agency and public comments and should the Committee find merit in the
application, a condition that the variance apply only to the sunroom addition as
generally sited and outlined on the applicant’s submitted plans.
Input from other sources were received from the Applicant, City’s Engineering Services,
City’s Building Services Section and one area resident.
In support of the application, the applicant identified the existing three season sunroom
was constructed in 2020 and the back yard offset could not be increased. The sunroom
was constructed without the issuance of a Building Permit.
John Vu, 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, the applicant stated the following:
due to price increases he was unable to find a reasonably priced contractor within the
conditional deadline and therefore unable to apply for a permit; understands a building
permit is required should the application be approved; behind the dwelling is a forest, to
the south of the subject property is a neighbour; the distance from the sunroom to the
neighbour’s house is around 2.0 metres; and in order to appease neighbour concerns
he will remove and cover the window to the south.
The Secretary-Treasurer clarified the applicant has submitted a building permit which is
on hold until the variance has been resolved.
Committee of Adjustment
Hearing Minutes
Wednesday, February 8, 2023
7:00 pm
Electronic Hearing
Page 8 of 8
March 8, 2023
After reading the report, addressing the neighbour’s concerns and finding a resolution,
the application meets the four test, Denise Rundle moved the following motion:
Moved by Denise Rundle with an amended condition
Seconded by Omar Ha-Redeye
That application P/CA 15/23 by D. Vuong & T. Vu, 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 existing sunroom addition, 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 February 8, 2023).
2. That a window or opening on the south wall not be permitted.
Carried Unanimously
5. Adjournment
Moved by Sean Wiley
Seconded by Omar Ha-Redeye
That the 2nd hearing of the 2023 Committee of Adjustment be adjourned at 8:08 pm
and the next hearing of the Committee of Adjustment be held on Wednesday,
March 8, 2023.
Carried Unanimously
__________________________
Date
__________________________
Chair
__________________________
Assistant Secretary-Treasurer