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HomeMy WebLinkAboutApril 12, 2023Committee of Adjustment Hearing Minutes Wednesday, April 12, 2023 7:00 pm Electronic Hearing Page 1 of 8 Present Omar Ha-Redeye Denise Rundle – Co-Vice-Chair Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Jasmine Correia, Assistant Secretary-Treasurer Isabel Lima, Planner II – Host 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 Rick Van Andel Seconded by Omar Ha-Redeye That the agenda for the Wednesday, April 12, 2023 hearing be adopted. Carried 3. Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the minutes of the 3rd hearing of the Committee of Adjustment held Wednesday, March 8, 2023 be adopted. Carried Committee of Adjustment Hearing Minutes Wednesday, April 12, 2023 7:00 pm Electronic Hearing Page 2 of 8 4. Reports 4.1 P/CA 16/23 Triovest Sandy Beach Holdings Limited Sandy Beach Road (Concession BF Range 3 South Part Lot 20) The applicant requests relief from Zoning By-law 2511, as amended, to permit: • notwithstanding the office and industrial parking requirements, the minimum parking requirement for the proposed building shall be 1 space per 142 square metres of gross floor area, whereas the By-law requires a minimum parking requirement for an industrial use shall be 1 space per 56 square metres of gross floor area; and • side yard parking no closer than 1.5 metres from the (east) side lot line and 0.5 of a metre on the (west) side lot line, whereas the By-law requires side yard parking to be permitted no closer than 1.5 metres from the side lot line on one side and 7.5 metres on the other side. The applicant requests approval of this minor variance application in order to facilitate the construction of a 1-storey industrial warehouse building with a gross floor area of 25,100 square metres. Input from other sources were received from the Applicant, City Development, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant submitted a Planning Justification Letter and Parking Justification Study. Yasmin Sevat, applicant, and Rachel Stuart, 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 clarified access to the site will be via Dillingham Road, an extension is currently being discussed with the City. The applicant clarified they currently do not have a tenant committed to the space however they are anticipating anywhere from 120 to 200 people to be attending the space during a peak shift. Committee of Adjustment Hearing Minutes Wednesday, April 12, 2023 7:00 pm Electronic Hearing Page 3 of 8 Committee Co-Vice Chair, commented that the application exceeds the draft comprehensive zoning by-law requirement of 165 spaces and it exceeds the requirements in the institute of parking generation manual. Employment uses are needed in this City. Given the number of employees anticipated to work onsite, the requested parking spaces seem comparable given some may carpool, walk, use public transit. When all factors are taken into consideration she is agreeable with the ratio being proposed. The applicant has worked with the Toronto and Region Conservation Authority on siting and to reduce the impact on the natural heritage area and site plan control will address the onsite circulation of these vehicles and loading areas, as well as landscaping. Committee member Rick Van Andel commented he agrees with the comparison to the Seaton area zoning and with the land along the west side provides enough buffer and is therefore satisfied with the appropriateness of the application, and moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye That application P/CA 16/23 by Triovest Sandy Beach Holdings Limited, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following condition: 1. That these variances apply only to the subject property, 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 12, 2023). Carried 4.2 P/CA 19/23 W. & L. Paton 572 Maitland Drive The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18 and 7872/21, to permit a maximum lot coverage of 40 percent, whereas the By-law permits a maximum lot coverage of 33 percent. The applicant requests approval of this minor variance application in order to obtain a future building permit for a one-storey detached dwelling. Input from other sources were received from the Applicant, City Development, City’s Engineering Services and City’s Building Services Section. Committee of Adjustment Hearing Minutes Wednesday, April 12, 2023 7:00 pm Electronic Hearing Page 4 of 8 In support of the application, the applicant identified family space requirements plus need for single floor house due to mobility issues. William & Laraine Paton, 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 clarified Maitland Drive curves in front of the subject property and will increase the lot frontage. That the covered porch in the rear is included in 40 percent lot coverage calculation. They are aware of the tree preservation condition and have no objections. Ziya Cao, Planner I, confirmed the covered porch is included in the lot coverage. Given that the proposed house fits the character of the subdivision and will not create any negatives externalities, Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye That application P/CA 19/23 by W. & L. Paton, 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, 4, 5, 6, 7 & 8 contained in the staff report to the Committee of Adjustment, dated April 12, 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. 3. That tree preservation plans and/or compensation for the tree loss be provided to the satisfaction of Engineering Services. Carried 4.3 P/CA 21/23 D. Ashton & M. Kontopodis 2805 Seventh Concession Road The applicant requests relief from Zoning By-law 3037, as amended by By-law 6577/05 to permit: • the keeping of livestock (horses) on an Agriculturally “A” zoned parcel of land that is two acres in size, whereas the keeping of livestock shall be prohibited in any zone, except on Agriculturally "A" zoned parcels of land of more than five acres in size Committee of Adjustment Hearing Minutes Wednesday, April 12, 2023 7:00 pm Electronic Hearing Page 5 of 8 • accessory structures in association with the raising of horses to be erected in the west side yard, whereas all accessory buildings which are not part of the main building shall be erected in the rear yard The applicant requests approval of this minor variance application to permit the keeping of livestock (horses) on an undersized lot. Input from other sources were received from the Applicant, City Development, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified it is not possible to comply because the property is two acres in size, and unable to obtain more land to meet the required lot size. Daniela Ashton and Michael Kontopodis, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In support of the application, the applicant stated they have taken due consideration to research proper horse care and safety in this proposal. In response to questions from Committee members the applicant explained the structures are referred to as temporary because they need to be periodically moved so that they are located in the best area on the land depending on the weather, and need to be moved to allow for cleanup of manure and to prevent the ground turning to mud. The applicant has owned and cared for horses for a few years now and are involved in their daily care. They have chiropractors and massage therapists for their horses, and are familiar with the fencing requirements. They have communicated with Peter Furnell of Building Services regarding building permits for this proposal. It was communicated that as long as the structures are 10 square metres or less a building permit is not required. Requirements on the manure pit depends on the bedding used. Three separate paddocks are being requested to ensure they have enough space for the horses, one will be used as a riding paddock, and one in case quarantine is required for an injured animal or to be used when another paddock is being cleaned or graded for the footing. In response to a question from a Committee member, the Secretary Treasurer confirmed they would not have an issue with the paddocks in the west side yard. Co-Vice Chair commented the variance is in relation to the acreage and the number of horses being requested to reside on site. The staff report indicates the intent of the five acres bylaw requirement is to accommodate the required farm buildings, however this isn’t what is being requested in this proposal. The concern was whether two acres was sufficient to accommodate five horse as recommended by staff. Committee of Adjustment Hearing Minutes Wednesday, April 12, 2023 7:00 pm Electronic Hearing Page 6 of 8 After looking at the National Code of Practice, the site inspection, the applicant’s responses and knowledge on care and safety for horses the concern has alleviated. The three-sided shelters are a necessity and there are no concerns, however the applicant does need to display some flexibility on the siting of those structures. In response to a question from a Committee member, the Secretary-Treasurer clarified the City Development Department did not recommend the number of five horses to be allowed on site, it was a number the applicant had requested. In response to questions from a Committee member, the applicant explained they had landed on the number of five horses as per the MDS calculation. The applicant already owns two horses which are housed in Uxbridge that were injured due to aggression from other horses at the stable, and hence the reason for this application. Horses become aggressive when there is a lack of natural resources. This is why the applicant has prepared to have sufficient amount of food for the horses and the reason why they are requesting multiple paddocks to be permitted onsite. Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Denise Rundle with an amendment to Condition 1 That application P/CA 21/23 by D. Ashton & M. Kontopodis, 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 paddocks and manure pit, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). 2. That approval of these variances apply only for the permission of up to five horses on the subject property. 3. That prior to the horses occupying the property fencing be installed by the applicant to the satisfaction of City Development to keep the horses within the property limits. 4. That prior to the installation of the accessory buildings, that any required building permits be obtained from Building Services. Carried Committee of Adjustment Hearing Minutes Wednesday, April 12, 2023 7:00 pm Electronic Hearing Page 7 of 8 4.4 P/CA 22/23 Marathon Homes Limited 2775 Peter Matthews Drive (Part 1, Block 171, 40M-2671) The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit an attached private garage, which is deemed to be part of the main building on the lot, is permitted provided that the wall of the private garage facing the lane is located no further than 7.7 metres from the rear lot line. whereas the By-law permits attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. The applicant requests approval of this minor variance application in order to permit an as-built condition and to facilitate a part lot control application. Input from other sources were received from the Applicant, City Development, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified the as-built site condition fell short of the proposed building setback for a portion of the rear wall, due to an error in building placement. Richard Vink, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In support of the application, the agent stated this proposal is being requested for an end unit in a six-unit townhouse block. It is zoned 7364/14, and has a minimum and maximum front and rear yard setback. The issue his client is facing is the maximum setback for the rear lot line. This is an as constructed dwelling, that is currently under construction. The dwelling is the only unit within the townhouse block that does not comply to the zoning bylaw. They believe the relief being sought is minor, meets the intent of the bylaw and is appropriate for the community. In response to a question from a Committee member, the agent clarified the reason for the variance was due to a surveyor error which led to this particular model being pushed more forward towards the front lot line than what was intended. Omar Ha-Redeye moved the following motion: Moved by Omar Ha-Redeye Seconded by Rick Van Andel Committee of Adjustment Hearing Minutes Wednesday, April 12, 2023 7:00 pm Electronic Hearing Page 8 of 8 That application P/CA 22/23 by Marathon Homes 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 condition: 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, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated April 12, 2023). Carried 5. Adjournment Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the 4th hearing of the 2023 Committee of Adjustment be adjourned at 7:57 pm and the next hearing of the Committee of Adjustment be held on Wednesday, May 10, 2023. Carried __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer