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HomeMy WebLinkAboutJune 14, 2023Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 1 of 10 Present Omar Ha-Redeye Denise Rundle – Vice-Chair Sakshi Sood Joshi Rick Van Andel 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 Sean Wiley – Chair Due to absence of the Chair, Vice-Chair, Denise Rundle, to Chair tonight’s heating. To avoid a tie vote she will abstain from voting on items being heard tonight. 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, June 14, 2023 hearing be adopted. Carried 3. Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the minutes of the 5th hearing of the Committee of Adjustment held Wednesday, May 10, 2023 be adopted as amended. Carried Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 2 of 10 4. Reports 4.1 (Deferred at the May 10, 2023 Hearing) P/CA 23/23 S. & T. Perivolaris 572 Springview Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 1837/84 and By-law 1964/85, to permit a covered platform (deck) not exceeding 1.0 metre in height above grade and not projecting more than 2.8 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. The applicant requests approval of this application in order to permit an existing covered deck. Input from other sources were received from the Applicant, City’s Engineering Services and the City’s Building Services Section. In support of the application, the applicant identified the existing covered deck is encroaching into the rear yard setback. Tom Perivolaris, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. After reading the staff report, making a site visit, and considering all public and agency comments, Omar Ha-Redeye moved the following motion: Moved by Omar Ha-Redeye Seconded by Sakshi Sood-Joshi That application P/CA 23/23 by S. & T. Perivolaris, 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 existing covered platform (deck), 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 June 14, 2023). Carried Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 3 of 10 4.2 P/CA 27/23 P. Ficara 213 Gwendolyn Street The applicant requests relief from Zoning By-law 3036, as amended by By-law 1700/83, to permit: • an uncovered steps and platform (deck) not exceeding 1.1 metres in height above grade and not projecting more than 5.7 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 • a maximum lot coverage of 39.5 percent, whereas the By-law permits a maximum lot coverage of 38 percent. The applicant requests approval of this minor variance application in order to obtain a building permit to permit the construction of a multi-level deck with steps and attached pavilion roof structure. Input from other sources were received from the Applicant, City’s Engineering Services and the City’s Building Services Section. In support of the application, the applicant identified the home was purchased in 2019, and all of the deck work is to replace an original deck that was extremely deteriorating and unsafe. The pavilion roof structure is replacing a temporary gazebo structure damaged by weather. Philip Ficara, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. After reading the staff report, making a site visit and considering all public and agency comments, Omar Ha-Redeye moved the following motion: Moved by Omar Ha-Redeye Seconded by Sakshi Sood-Joshi That application P/CA 27/23 by P. Ficara, 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: Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 4 of 10 1. That these variances apply only to the uncovered multi-level deck with steps and attached pavilion roof structure, 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 June 14, 2023). Carried 4.3 P/CA 28/23 Mattamy (Seaton) Limited 1428 Mockingbird Square The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21 to permit rear yard setback of 4.0 metres whereas the By-law permits a minimum rear yard setback of 6.0 metres. The applicant requests approval of this minor variance application in order to facilitate a future building permit for a two-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and the City’s Building Services Section. In support of the application, the applicant identified this minor variance is required because this lot is uniquely shaped, and it would be a challenge to fulfil the “standard” rear yard setback. Refer to Planning Rationale Memo. Andrew Scott, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye That application P/CA 28/23 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 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 June 14, 2023). Carried Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 5 of 10 4.4 P/CA 29/23 S. Sulaimankhail 344 Sheppard Avenue (Part 2) The applicant requests relief from Zoning By-law 3036 to permit a minimum (west) side yard of 0.7 of a metre, whereas the By-law states that the minimum required side yard shall be 1.5 metres. The applicant requests approval of this minor variance application in order to sever the property resulting in a total of two lots and to obtain a building permit to separate the existing dwelling into two dwellings. Input from other sources were received from the Applicant, City’s Engineering Services and the City’s Building Services Section. In support of the application, the applicant identified this is an existing building on severed and retained property. The middle part of the existing dwelling is proposed to be demolished to create two detached dwellings. Imran Khan, agent, was present to represent the application. One area resident was present to speak to the application. The agent commented they received consent approval last year and they require this variance in order to apply for building permits. Outlined it was their opinion that the proposal is minor in nature, as the applicant is requesting approval of one variance. In response to a question from a Committee member, the agent clarified a stairway is located in the part of the of the existing dwelling that is proposed to be removed to create two separate detached dwellings. The upper level and the basement level will no longer be connected. Bryan Jones, area resident, commented the following: they live adjacent to the subject property and that this dwelling was the first home built on the street; concerned regarding property standards, construction conditions and dumping, as well as the walkouts that were constructed; concerned regarding the integrity of the foundation of the building due to lack of HVAC equipment installed or being used over the last four years; and no objections to the zoning relief being requested. Committee members advised the area resident that the application being considered by the Committee, is solely related to the zoning relief being sought. The Committee has no jurisdiction over the construction of the home, property standards, or building integrity concerns. Structural concerns or issues may be addressed by Building Services and other City departments and agencies during the Building Permit stage when the applicant applies. Additionally, the area resident may speak with City staff regarding complaints concerning property standards as the Committee of Adjustment does not enforce such standards. Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 6 of 10 In response to comments made by the area resident, the agent stated he is dealing with the necessary applications required for this project and is not on the construction site and cannot speak to the construction comments. From inside, the home is clean and structurally sound. They are working on the middle portion of the home that is to be removed and that none of the existing structure will be touched. No exterior walls will be touched, new exterior walls to be installed where the portion will be removed. The Chair commented that they recognize this project has been ongoing for a number of years and urged the agent to take the area resident’s comments into consideration to ensure the buildings are safe and the property is maintained. After reading the staff report and considering all public and agency comments, Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye That application P/CA 29/23 by S. Sulaimankhail, 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 lot and detached dwelling, 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 June 14, 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 west side yard of 0.7 of a metre. Carried 4.5 P/CA 30/23 L. Iakovleva 4993 Brock Road The applicant requests relief from Zoning By-law 3037, as amended by By-laws 6640/06 and 7623/18 to permit: • a detached dwelling or a duplex dwelling to be permitted on lands zoned “ORM-C2-2”, whereas the By-law permits a range of commercial uses and a duplex dwelling Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 7 of 10 • an accessory dwelling unit to be permitted on lands zoned “ORM-C2-2”, whereas the By-law does not permit an accessory dwelling unit on lands zoned “ORM-C2-2” • a maximum of one accessory dwelling unit to be located within an ancillary structure, whereas the By-law permits a maximum of one accessory dwelling unit to be located within a building or structure containing the principle use • a minimum lot area of 424 square metres for an accessory dwelling unit, whereas the By-law requires the minimum lot area for an accessory dwelling unit to be 695 square metres • a maximum lot coverage of 38 percent, whereas the By-law permits a maximum lot coverage of 33 percent • a minimum landscape open space of 36 percent, whereas the By-law requires minimum landscape open space of 50 percent • a rear yard setback of 0.6 of a metre to the existing accessory dwelling unit, whereas the By-law requires a minimum rear yard of 7.5 metres • a minimum rear yard setback of 0.5 of a metre to the rear lot line and a minimum of 0.6 of a metre to the north interior side yard for an accessory structure (existing shed) that is greater than 10 square metres in area, whereas the By-law requires accessory structures greater than 10 square metres in area shall be set back a minimum of 1.0 metre from all lot lines • a minimum rear yard setback of 0.5 of a metre to the rear lot line and a minimum of 0.6 of a metre to the north interior side yard for an accessory structure (existing shed) that is greater than 10 square metres in area, whereas the By-law requires accessory structures greater than 1.8 metres in height shall be set back a minimum of 1.0 metres from all lot lines The applicant requests approval of this minor variance application in order to permit a detached dwelling and accessory dwelling unit within an accessory structure (two-storey coach house), and to facilitate a building permit for a two-storey addition at rear of the detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section, the Durham Region Health Department and one area resident. In support of the application, the applicant identified they are looking to preserve existing buildings. The existing buildings predates zoning. Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 8 of 10 Lana Iakovleva, applicant and Steve Edwards, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The agent explained the property is located at the historic four corners of Claremont, because of the history you can see the variety of property fabric, building locations and a number of accessory dwellings. The house on-site dates back to the 1800s and the coach house in the 1920s, which both predate the zoning that is in place today influencing the amount of variances required. For clarity, the agent summarized the variances in groups: the first three variances help clarify the permitted uses in the ORM commercial zone to permit detached dwelling, accessory dwelling and identifying the accessory dwelling is in an ancillary structure; the next three variances address the old historic lot and the context of the current zoning respecting lot area, coverage and open space; and the final three variances relate to the yard setbacks for the accessory structure and accessory dwelling. They have reviewed and agree with recommendations outlined within the staff report and will seek clarification regarding conditions. In response to a comment from the Chair, the agent agreed zoning allows for two units on the property, the proposed two-storey addition at the back of the existing one and a half-storey frame will be one dwelling, with an extra unit in the coach house. The Chair outlined several comments contained within a letter received from an area resident, north of the subject property. In response to questions from Committee members the agent stated they have begun conversations with the Health Department at the Region of Durham and servicing approval will be required for a building permit. The engineering comments will also be addressed at the building permit stage, as well as the registering of the additional dwelling unit. In response to questions from a Committee member, the applicant confirmed the property line now includes the coach house as she obtained ownership of the lands subject to encroachment through a vesting order from the Ontario Superior Court of Justice. This property was built as a carriage house in 1920, in 1940 it was turned into a coach house and has never had a problem with privacy due to the windows from owners to the East or South. The coach house is a small one-bedroom home and is currently being lived in by the applicant while she overlooks the construction of the main dwelling. After reading the staff report and considering all public and agency comments, Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 9 of 10 That application P/CA 30/23 by L. Iakovleva, 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 development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8 & 9 contained in the staff report to the Committee of Adjustment, dated June 14, 2023). 2. That prior to issuance of a building permit, the applicant shall obtain site plan approval for the proposed development, to the satisfaction of the City Development Department. 3. That prior to issuance of a building permit, Engineering Services shall be satisfied that the Engineering Design Criteria can be adequately addressed. 4. That prior to issuance of a building permit, Durham Health Department shall be satisfied that the proposed development can be adequately serviced. 5. That the applicant register the accessory dwelling unit with Building Services no later than June 14, 2026, or this decision shall become null and void. 6. That a maximum of two dwelling units are permitted on the subject property, and where a maximum of two dwelling units exist on the subject lands, no commercial use shall be permitted. Carried 4.6 P/CA 31/23 J. & D. Arenson 131 White Pine Crescent The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93 to permit an uncovered platform (deck) with steps not exceeding 1.6 metres in height above grade and not projecting more than 4.0 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. The applicant requests approval of this minor variance application in order to obtain a building permit to construct an uncovered deck with steps. Input from other sources were received from the Applicant, City’s Engineering Services and the City’s Building Services Section. Committee of Adjustment Hearing Minutes Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page 10 of 10 July 12, 2023 In support of the application, the applicant identified the existing deck age is unsafe and requires a replacement to provide access to rear yard due to grade change. Spencer Joy, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Finding the application meets the four tests of the Planning Act Omar Ha-Redeye moved the following motion: Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That application P/CA 31/23 by J. & D. Arenson, 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 (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 June 14, 2023). Carried 5. Adjournment Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That the 6th hearing of the 2023 Committee of Adjustment be adjourned at 7:57 pm. Carried __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer Please note the Committee of Adjustment Hearings are available for viewing on the City of Pickering YouTube channel https://www.youtube.com/user/SustainablePickering