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HomeMy WebLinkAboutOctober 11, 2023Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 1 of 8 Present Omar Ha-Redeye Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Jasmine Correia, Assistant Secretary-Treasurer Isabel Lima, Planner II – Host Absent Denise Rundle – Vice Chair 1. Disclosure of Interest No disclosures of interest were noted. To avoid a tie vote, Sean Wiley will abstain from voting this hearing. 2. Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the agenda for the Wednesday, October 11, 2023 hearing be adopted. Carried 3. Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the minutes of the 9th hearing of the Committee of Adjustment held Wednesday, September 13, 2023 be adopted. Carried Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 2 of 8 4. Reports 4.1 P/CA 44/23 C. Williams 1285 Ilona Park Road The applicant requests relief from Zoning By-law 2520, as amended by By-laws 7872/21, 7873/21, and 7901/22, to permit: • a total lot coverage of 7.3 percent for all accessory buildings excluding private detached garages, whereas the By-law permits a total lot coverage of all accessory buildings, excluding private detached garages, to be 5 percent of the lot area • a maximum lot coverage of 37.7 percent, whereas the By-law permits a maximum lot coverage of 33 percent The applicant requests approval of this minor variance application to obtain a building permit to install a prefabricated steel shed in the rear yard. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and Elexicon Energy. Michael Williams and Samantha Williams, agents, were present in favour of the application. No further representation was present in favour of or in objection to the application. The agent stated comments from Elexicon were received late and included minimum requirements for the shed. The proposed shed will be located at the southwest corner of the backyard and the pole line is on the southeast corner of the backyard. The shed is approximately 7.5 metres away from the pole. The shed is not obstructing any overhead wires. The site plan shows a power line from the fence line to the house. The roof line is inaccessible and is 3.0 metres from the voltage line. Elexicon stated they required 5.0 metres for horizontal clearance and 2.5 metres for vertical clearance. The Secretary-Treasurer stated the City is in receipt of Elexicon comments, dated October 6, 2023, indicating that specifications would have to be confirmed by the applicant. The applicant responded to Elexicon identifying the measurements of the proposed shed. A reply has not been received. The recommendation for deferral stands. Given that clearance from Elexicon is required, Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 3 of 8 That application P/CA 44/23 by C. Williams, be Deferred to the November 8, 2023 Hearing to allow Elexicon to provide comments. Carried 4.2 P/CA 42/23 L. Ali & R. Liaqat 636 Annland Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7872/21 & By-law 7900/22, to permit: • a minimum front yard setback of 7.5 metres based on the shortest front yard setback of adjacent dwellings, whereas the By-law permits a minimum front yard setback shall be equal to the shortest existing front yard setback (7.64 metres) of the dwellings on the immediately abutting lots located along the same side of the street and within the same block • a maximum building height of 11.6 metres, whereas the By-law requires a maximum building height of 9.0 metres • an uncovered platform (balcony) not exceeding 5.85 metres in height above grade and not projecting more than 1.5 metres into any 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 rear yard • a covered platform (balcony) not exceeding 2.2 metres in height above grade and not projecting more than 1.5 metres into any 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 rear yard • a maximum lot coverage of 39.5 percent, whereas the By-law requires a maximum lot coverage of 33 percent • a parking space within a private garage with a minimum width of 3.0 metres and a minimum depth of 5.95 metres, whereas the By-law permits each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres The applicant requests approval of this minor variance application to facilitate a building permit submission to construct a two-storey detached dwelling with a limited roof top amenity area. Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 4 of 8 Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified the variances are minor and are a result of the enactment of the Infill By-law on September 5, 2023. Nadeem Irfan, agent, was present to represent the application. One area resident was present in objection to the application. The agent stated the applicant is seeking extra lot coverage. The footprint is 36.5 percent. Based on the new interpretation of the By-law, decks are considered a part of the coverage, making the coverage 39.5 percent. The height of the building is 9.0 metres, however there is a staircase that leads to the rooftop that is 11.6 metres in height. The other proposed variances are incidental to each other. They have read the staff report and agree with the recommendation and proposed condition. One area resident stated the following concerns: worried the height being requested and window placements will impact the privacy of her property. In response to the resident’s concerns, the agent stated the height is only for the staircase which is approximately 6.0 to 7.0 metres recessed from the front wall. It is a screened off portion of the roof which will have a 5.0-metre-wide screen to protect the privacy of the occupant and neighbors. The roof access is in the middle of the dwelling. The windows are being installed based on the Building Code. In response to questions from Committee members, the agent replied the rooftop fenced area is setback from the side yards, front yard and rear yard therefore privacy will not be obstructed. There are many properties built recently that have a similar look within the neighbourhood. Some properties have uncovered and covered third storey decks. The outdoor amenity space being proposed tonight is much smaller than those, is well screened and setback appropriately. The Chair recommended the agent reach out to the neighbour to address any further concerns. On the basis that this application meets the four tests of the Planning Act, Omar Ha- Redeye moved the following motion: Moved by Omar Ha-Redeye Seconded by Rick Van Andel That application P/CA 42/23 by L. Ali & R. Liaqat, 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, October 11, 2023 7:00 pm Electronic Hearing Page 5 of 8 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 & 10 contained in the staff report to the Committee of Adjustment, dated October 11, 2023). Carried 4.3 P/CA 43/23 W. Ngassam & C. Ngantchou 2137 Castle Hill Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 7541/17, to permit: • a private garage with a minimum width of 2.9 metres and a minimum depth of 6.0 metres with 6 interior steps within the depth, whereas the By-law permits a private garage to have a minimum width of 2.9 metres and a minimum depth of 6.0 metres, however 2 interior steps may be included in the depth • a window well to encroach a maximum of 1.0 metre into the 1.2 metre path of travel on the west side of the dwelling, whereas the By-law requires all lots containing additional dwelling units to provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit a public or private street, cleared of obstructions (variance withdrawn by the applicant at the hearing) The applicant requests approval of this minor variance application to obtain a building permit for an additional dwelling unit within the existing detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified the stairs within the garage were previously installed and does not comply with the zoning by-law. William Ngassam, applicant, and Davis Chang, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The agent stated they have withdrawn the second variance from the proposal and has submitted revised drawings. The window well will be located at the rear of the property. Secretary-Treasurer confirmed moving the window to the rear is a viable option that staff has been discussing with the applicant and agent. Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 6 of 8 The agent stated they are proposing a basement secondary suite and a new walkout in the rear yard. They would like approval for one less parking space when the required minimum is three parking spaces. This is due to insufficient space in the garage due to the staircase leading to the first floor, reducing the required minimum depth from 6.0 metres to 4.59 metres. Other Citys are beginning to approve a minimum of two parking spots rather than three parking spots for an additional dwelling units. In response to a question from the Chair, the Secretary-Treasurer clarified the application had been presented and circulated on the understanding that the applicant will be providing the minimum three required parking spaces but is requesting to reduce the parking stall size within the garage. The agent clarified they are looking to reduce the parking space in the garage from 6.0 metres to 5.3 metres. The Secretary-Treasurer commented that the variance is for the minimum interior garage width and not the parking spaces on the driveway. To simplify the variance being sought, the applicant is looking for allowance for the interior steps to encroach into the garage parking space. In response to questions from Committee members, the agent clarified there will be two parking spaces on the driveway and one in the garage with the variance of allowing the stall to be 5.3 metres. On the basis this application meets the four tests of the Planning Act, Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye That application P/CA 43/23 by W. Ngassam & C. Ngantchou, 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 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 October 11, 2023). Carried Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 7 of 8 4.4 P/CA 45/23 I. Bhatti 598 Sheppard Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21 & By-law 7902/22, to permit: • a maximum front yard setback of 14.5 metres, whereas the By-law requires a maximum front yard setback of 12.6 metres • a maximum dwelling depth of 26.5 metres, whereas the By-law requires a maximum dwelling depth of 20.0 metres • a maximum dwelling height of 9.7 metres, whereas the By-law requires a maximum dwelling height of 9.0 metres • a maximum driveway width of 17.75 metres, whereas the By-law requires a maximum driveway width of 6.0 metres (variance withdrawn by the applicant at the hearing) • a parking space within a private garage with a minimum width of 2.9 metres and a minimum depth of 5.79 metres, whereas the By-law permits each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres The applicant requests approval of this minor variance application to obtain a building permit to permit a two-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Toronto & Region Conservation Authority. In support of the application, the applicant identified the applicant was unable to obtain a building permit prior to the change of zoning due to tenant not vacating the property for demolition. Yaso Somalingam, 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 project was ready for building permit issuance. The applicant had tenant issues that required the assistance of the Ontario Landlord Tenant Board. Once that process was complete, they went to have the building permit issued and were informed the Zoning By-laws had changed and these variances were now required. On the basis that this application meets the four tests of the Planning Act, Rick Van Andel moved the following motion: Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 8 of 8 November 8, 2023 Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application P/CA 45/23 by I. Bhatti, 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 the variances to permit the detached dwelling apply only to the proposed detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6 contained in staff report to the Committee of Adjustment, dated October 11, 2023). Carried 5. Adjournment Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the 10th hearing of the 2023 Committee of Adjustment be adjourned at 7:42 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