HomeMy WebLinkAboutMarch 8, 2023Committee of Adjustment
Hearing Minutes
Wednesday, March 8, 2023
7:00 pm
Electronic Hearing
Page 1 of 6
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
Ziya Cao, Planner I
Absent
Not applicable.
1. Disclosure of Interest
No disclosures of interest were noted.
2. Adoption of Agenda
Moved by Omar Ha-Redeye
Seconded by Rick Van Andel
That the agenda for the Wednesday, March 8, 2023 hearing be adopted.
Carried Unanimously
3. Adoption of Minutes
Moved by Omar Ha-Redeye
Seconded by Rick Van Andel
That the minutes of the 2nd hearing of the Committee of Adjustment held Wednesday,
February 8, 2023 be adopted.
Carried Unanimously
Committee of Adjustment
Hearing Minutes
Wednesday, March 8, 2023
7:00 pm
Electronic Hearing
Page 2 of 6
4. Reports
4.1 P/CA 17/23
A. & C. Nurse
707 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 south side yard of 0.6 of a metre, whereas the By-law requires where
a garage is erected as part of a detached dwelling, the minimum required side
yard shall be 1.5 metres;
• an accessory building (detached garage) with a maximum height of 4.7 metres in
a residential zone, whereas the By-law requires no accessory building shall
exceed a height of 3.5 metres in any residential zone;
• a covered platform (porch) with associated steps not exceeding 1.0 metre in
height above grade, and not projecting more than 2.5 metres into any 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;
• uncovered steps not exceeding 1.0 metre in height above grade, and not
projecting more than 8.9 metres into any 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.
• main eaves not projecting more than 0.9 of a metre into the required (north) side
yard, whereas the By-law requires main eaves, belt courses, chimney breasts,
sills or cornices not projecting more than 0.5 of a metre into required yard; and
• a minimum front yard setback of 8.6 metres, 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 (9.22 metres).
The applicant requests approval of these variances in order to facilitate a building permit
submission to construct a single detached dwelling with a detached garage
Input from other sources were received from the Applicant, City’s Engineering Services
and City’s Building Services Section.
Committee of Adjustment
Hearing Minutes
Wednesday, March 8, 2023
7:00 pm
Electronic Hearing
Page 3 of 6
In support of the application, the applicant indicated that in order to minimize the impact
of the garage, the homeowner intends to build a rear yard detached garage. The
proposed reduced side yard is only to the supporting piers on the ground level and the
wall of the Master Bedroom above on the upper level.
Alex Muzanovic, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
The agent stated the applicant will work with Engineering Services to ensure concerns
regarding the reduced side yard are adequately addressed. The Committee was
requested to keep in mind that the reason for objection of the side yard variance is due
to an engineering concern and not zoning concerns. In terms of zoning for the side yard
variance, there are a number of reduced side yards on Front Road. In terms of zoning,
he believes the proposal is in keeping with the neighbourhood.
In response to questions from Committee members, the agent acknowledged the
applicant may need to receive written consent from the adjacent property owner to the
south in order to have the swale sit on the lot line. The agent would like to avoid
compressing the design based on the interior room layout, it is not desirable to his
clients. The agent confirmed they are prepared to meet the requirements of the
recommended third condition. The total gross floor area of the house including the
basement is 5, 693 square feet. The two-storey garage in the rear yard will be used for
household storage and the applicant is not willing to compromise on the height as it
would not allow for appropriate space for storage. The adjacent houses are at a higher
grade than the subject property therefore no visual impact should be expected. The
garage will not have any plumbing, just electricity for the garage opener and lighting.
In response to a Committee member offering a deferral to the next hearing to give time
for the applicant to mitigate some of Engineering Services’ concerns, the agent
explained he would like to proceed with this hearing because he believes zoning issues
and engineering issues should be separate to this hearing. The agent understands if
this proposal is approved as is, that some changes may need to happen at the building
permit stage to satisfy Engineering.
After considering the additional information provided by the agent and the report
provided by the City Development Department, noting these variances pass the four
tests of the Planning Act, that the setbacks will not have a negative impact the
streetscape, and the established neighbourhood guildelines are meeting the primary
requirements, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Denise Rundle with an amendment to Condition 2
Committee of Adjustment
Hearing Minutes
Wednesday, March 8, 2023
7:00 pm
Electronic Hearing
Page 4 of 6
That application P/CA 17/23 by A. & C. Nurse, 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 the variances apply only to the proposed detached dwelling and detached
garage as generally sited and outlined on the applicant’s submitted plans (refer to
Exhibits 2, 3, 4, 5, 6, 7 & 8 contained in the staff report to the Committee of
Adjustment, dated March 8, 2023).
2. That prior to the issuance of a building permit, Engineering Services must be
satisfied that the Engineering Design Criteria can be adequately addressed within
the minimum south side yard of 0.6 of a metre, and if required to address the
Engineering Design Criteria that the drawings be revised to the satisfaction of
Engineering Services.
3. That a planting plan and securities for the proposed value of the proposed planting
be provided to the satisfaction of Engineering Services to compensate for the
removal of trees and to provide screening for the adjacent properties.
Carried Unanimously
4.2 P/CA 18/23
Mattamy (Seaton) Limited
2973 Heartwood Lane (Lot 279 40M2734)
The applicant requests relief from Zoning By-law 7364/14, as amended by By-law
7857/21, to permit a maximum driveway width of 11.3 metres and tapered so that the
maximum width is 6.0 metres at the streetline, for a lot that is greater than 15.0 metres,
where the wall of a private garage containing the opening for vehicular access faces an
interior side lot line, whereas the By-law permits a maximum driveway width of
7.5 metres and tapered so that the maximum width is 6.0 metres at the streetline for lots
that are greater than 15.0 metres, where the wall of a private garage containing the
opening for vehicular access faces an interior side lot line.
The applicant requests approval of this minor variance application in order to obtain a
building permit for a two-storey detached dwelling.
Input from other sources were received from the Applicant, City’s Engineering Services
and City’s Building Services Section.
Committee of Adjustment
Hearing Minutes
Wednesday, March 8, 2023
7:00 pm
Electronic Hearing
Page 5 of 6
In support of the application, the applicant identified this minor variance is required
because this lot is uniquely shaped and poses a challenge to fit the “standard” driveway.
Andrew Scott, agent, was present to represent the application. No further representation
was present in favour of or in objection to the application.
In response to questions from Committee member, the agent confirmed the homes in
the immediate neighbourhood are vacant. The ravine and woodlands behind the subject
property will remain a natural feature and will not be developed.
Given that no comments were received in response to this application and that the
requested variance meets the four tests of the Planning Act, Denise Rundle moved the
following motion:
Moved by Denise Rundle
Seconded by Omar Ha-Redeye
That application P/CA 18/23 by Mattamy (Seaton) Limited, be Approved on the
grounds that the requested variance is minor in nature, desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of the
Official Plan and Zoning By-law, subject to the following conditions:
1. That this variance apply only to the proposed development, 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 March 8, 2023).
2. That prior to issuance of a building permit, Engineering Services must be satisfied
that the Engineering Design Criteria can be adequately addressed.
Carried Unanimously
5. Adjournment
Moved by Rick Van Andel
Seconded by Omar Ha-Redeye
That the 3rd hearing of the 2023 Committee of Adjustment be adjourned at 7:29 pm and
the next hearing of the Committee of Adjustment be held on Wednesday, April 12, 2023.
Carried Unanimously
Committee of Adjustment
Hearing Minutes
Wednesday, March 8, 2023
7:00 pm
Electronic Hearing
Page 6 of 6
April 12, 2023
__________________________
Date
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Chair
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Assistant Secretary-Treasurer