HomeMy WebLinkAboutNovember 8, 2023Committee of Adjustment
Hearing Minutes
Wednesday, November 8, 2023
7:00 pm
Electronic Hearing
Page 1 of 9
Present
Omar Ha-Redeye
Denise Rundle – Vice-Chair
Sakshi Sood Joshi
Sean Wiley – Chair
Also Present
Deborah Wylie, Secretary-Treasurer
Cody Morrison, Secretary-Treasurer – Host
Jasmine Correia, Assistant Secretary-Treasurer
Liam Crawford, Planner II
Ziya Cao, Planner I
Absent
Rick Van Andel
1. Disclosure of Interest
No disclosures of interest were noted.
To prevent a tie vote, the Chair will abstain from voting on tonight’s items.
2. Adoption of Agenda
Moved by Omar Ha-Redeye
Seconded by Sakshi Sood Joshi
That the agenda for the Wednesday, November 8, 2023 hearing be adopted.
Carried
Due to her absence at the previous hearing, the Vice-Chair abstained from voting on the below
item.
3. Adoption of Minutes
Moved by Omar Ha-Redeye
Seconded by Sakshi Sood Joshi
That the minutes of the 10th hearing of the Committee of Adjustment held Wednesday,
October 11, 2023 be adopted.
Carried
Committee of Adjustment
Hearing Minutes
Wednesday, November 8, 2023
7:00 pm
Electronic Hearing
Page 2 of 9
4. Reports
4.1 (Deferred at the October 11, 2023 Hearing)
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.
In support of the application, the applicant identified the previous shed was destroyed, a
new prefabricated shed was purchased for storage of outdoor displays and does not
meet the zoning requirements.
Michael Williams and Samantha Williams, agents, were present to represent the
application. No further representation was present in favour of or in objection to the
application.
Vice-Chair commented that the application was deferred to this hearing to allow for
comments from Elexicon confirming their requirements have been met to their
satisfaction. Exhibit 2, included in the staff report, indicates said requirements and will
be included in the decision.
After reading the staff report, not seeing any major concerns and agreeing with the
recommendation, Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Omar Ha-Redeye
Committee of Adjustment
Hearing Minutes
Wednesday, November 8, 2023
7:00 pm
Electronic Hearing
Page 3 of 9
That application P/CA 44/23 by C. Williams, 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 the
Zoning By-law, subject to the following condition:
1. That these variances apply only to the proposed accessory building (shed), 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
November 8, 2023).
Carried
4.2 P/CA 47/23
P. & K. Annalingam
1400 Rougemount Drive
The applicant requests relief from Zoning By-law 3036, as amended by By-laws
2912/88, 3701/91, 7874/21 and 7902/22 to permit:
• a maximum dwelling depth of 29.2 metres for a lot with lot depth greater than
40.0 metres, whereas the By-law permits a maximum dwelling depth of 20.0
metres for lots with depths greater than 40.0 metres
• a private garage to extend 9.75 metres beyond the front wall of the dwelling to
which it is attached, whereas the By-law permits an attached private garage to be
extended no more than 2.0 metres beyond the front wall of the dwelling to which
it is attached
• a maximum front yard setback of 29.4 metres, whereas the By-law permits a
maximum front yard setback of 21.0 metres
The applicant requests approval of this minor variance application to obtain a future
building permit to construct a two-storey detached dwelling.
Input from other sources were received from the Applicant, City’s Engineering Services
and City’s Building Services Section.
Fiona McGill, agent, was present to represent the application. Two area residents were
present in objection to the application.
The agent requested a deferral of the application to receive a zoning review.
Committee of Adjustment
Hearing Minutes
Wednesday, November 8, 2023
7:00 pm
Electronic Hearing
Page 4 of 9
In objection to the application, Alayna Tierney, area resident commented the following:
the proposed dwelling will extend significantly further back into the lot than other homes
on the same side of the street; concerned about damages to legacy trees and
obstructing views; not compatible with the character of the street; and the garage is
proposed to be two storeys high which is obtrusive.
In objection to the application, Amanada McKesey, area resident commented the
following: the dwelling depth changes the privacy of their backyard; and concerns with
the living space proposed above the garage that faces their home.
Due to the agent requesting deferral for zoning review, and to allow for the applicant to
address objections raised tonight, Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Omar Ha-Redeye
That application P/CA 47/23 by P. & K. Annalingam be Deferred sine die.
Carried
4.3 P/CA 48/23
T. & J. Brisebois
1467 Rosebank Road
The applicant requests relief from Zoning By-law 3036, as amended by By-laws
7874/21, and 7902/22 to permit:
• a minimum front yard setback of 10.3 metres, whereas the By-law requires a
minimum front yard setback of 12.5 metres, based on the shortest front yard
setback of the adjacent dwellings
• a maximum driveway width of 15.4 metres, whereas the By-law permits a
maximum driveway width of 6.0 metres, or if the entrance of the garage is wider
than 6.0 metres, the proposed driveway shall be no greater than the width of the
entrance of the garage
The applicant requests approval of this minor variance application to obtain a building
permit to facilitate a second storey addition.
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, November 8, 2023
7:00 pm
Electronic Hearing
Page 5 of 9
In support of the application, the applicant identified the following: the proposed front
yard setback variance is in line with the previous by-law and at the same time with the
required GFA to make the interior space livable for a typical four bedroom house; and
the driveway width and two entrances are in line with the community and previous by-
law, many other properties in the street are having the same conditions, also in
conformance with the needs of such a house. Furthermore, the extent of the variances
are still in line with the community and general intent of the OP and by-law.
Arash Bahamin, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
The agent commented that the variances being requested are minor in nature and
believes they are in line with the zoning by-law and official plan.
In response to questions from Committee members, the agent stated they have been
communicating with the Engineering department and are aware of the condition of
approval. They understand the two curb cuts are not supported by Engineering. They
plan to propose permeable pavers for the hardscaping at the front.
After reviewing the report and comments that have been received from agency, and
receiving no written submissions from the public, Denise Rundle moved the following
motion:
Moved by Denise Rundle
Seconded by Omar Ha-Redeye
That application P/CA 48/23 by T. & J. Brisebois, 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 the
Zoning By-law, subject to the following conditions:
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 the staff report to the Committee
of Adjustment, dated November 8, 2023).
2. That a revised driveway design be provided to the satisfaction of Engineering
Services prior to the issuance of a building permit.
3. That Engineering Services be satisfied that the Engineering Design Criteria can be
adequately addressed prior to the issuance of a building permit.
Carried
Committee of Adjustment
Hearing Minutes
Wednesday, November 8, 2023
7:00 pm
Electronic Hearing
Page 6 of 9
4.4 P/CA 49/23
W. Syed & F. Khatoon
3490 Audley Road
The applicant requests relief from Zoning By-law 3037, as amended by By-laws
6577/05 and 8037/23 to permit a detached garage to be located on the north side yard,
whereas the By-law requires all accessory buildings that are not part of the main
building to be erected in the rear yard.
The applicant requests approval of this minor variance application to obtain a building
permit for the existing detached garage on the north side yard.
Input from other sources was received from the Applicant, City’s Engineering Services,
City’s Building Services Section, Region of Durham Health Department and the Toronto
and Region Conservation Area (TRCA).
In support of the application, the applicant identified they are seeking to legalize the
existing detached garage.
Waqqas Syed, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
The applicant commented that they require a garage for storage purposes.
After reading the report and seeing no technical or public issues, Denise Rundle moved
the following motion:
Moved by Denise Rundle
Seconded by Sakshi Sood Joshi
That application P/CA 49/23 by W. Syed & F. Khatoon, 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 the Zoning By-law, subject to the following condition:
1. That the variance applies only to the proposed development, 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 November 8, 2023).
Carried
Committee of Adjustment
Hearing Minutes
Wednesday, November 8, 2023
7:00 pm
Electronic Hearing
Page 7 of 9
4.5 P/CA 50/23
B. & Y. Javaid
326 Dyson Road
The applicant requests relief from Zoning By-law 2511, as amended by By-laws
7874/21 and 7902/22 to permit a maximum dwelling depth of 24.0 metres, whereas the
By-law permits a maximum dwelling depth of 20.0 metres for a lot with a lot depth
greater than 40.0 metres.
The applicant requests approval of this minor variance application to obtain a building
permit to construct a two-storey detached dwelling.
Input from other sources was received from the Applicant, City’s Engineering Services,
City’s Building Services Section, the Toronto and Region Conservation Area (TRCA)
and four area residents.
In support of the application, the applicant identified under the new Infill By-law 7872/21
the dwelling depth permitted is 20 metres. The minimum front yard setback shall be
equal to the shortest front yard setback of the existing dwellings on abutting lots on the
same side of the street within the same block. The house on the north has reduced
4.45m front yard setback and hence the proposed house depth when measured from
that setback doesn't comply with the zoning By-law.
Badar Javaid, applicant, and Jamshaid Durrani, agent, were present to represent the
application. No further representation was present in favour of or in objection to the
application.
The applicant commented the following: it has taken over two years to build this
generational home and during the process the Infill by-laws had come into effect; they
have worked with the City and commenting agencies to appease all requirements; and
they have worked with the neighbours to ensure that all concerns were addressed.
In response to a question from a Committee member, the Secretary-Treasurer
confirmed comments were received from Parks Canada.
Committee member brought awareness to Parks Canada’s concerns on the drainage
and erosion on-site.
The agent stated they had received the comment letter from Parks Canada before the
hearing commenced. Suggested the requirements be mentioned as a condition in the
decision as they have provided TRCA with all necessary plans and studies required.
TRCA needed the home to be closer to the street due to slope stability issues; they
have received a permit for the construction from TRCA.
Committee of Adjustment
Hearing Minutes
Wednesday, November 8, 2023
7:00 pm
Electronic Hearing
Page 8 of 9
In response to a question from a Committee member, the Secretary-Treasurer
commented that the applicant did receive the comment letter from Parks Canada just
before this hearing, and that commenting agencies would not be privy to each other’s
comments. Similar comments were received from Parks Canada on an application from
a few years ago where the applicant also required a TRCA permit. Many of Parks
Canada concerns were addressed through the process of receiving the TRCA permit.
The Committee could consider putting a condition on this decision that Parks Canada
requirements be addressed.
The applicant commented that they have been cooperating with TRCA to satisfy all their
requirements and are willing to comply with Parks Canada conditions.
In response to a question from the Vice-Chair, the Secretary-Treasurer replied that in
the City’s experience the arrangement was that the applicant would reach out to Parks
Canada during construction to ensure all requirements were being met. Parks Canada
had also conducted inspections throughout the construction.
In response to a question from a Committee member, the agent stated many of the
studies and plans being requested from Parks Canada were done through the process
of receiving a permit from TRCA.
Vice-Chair commented that she understands the frustration of complying with all these
different agencies, however this property is unique. It is within a provincially significant
wetland and environmental concerns need to be taken seriously.
The applicant commented that they purchased the property due to the environmental
nature, and the goal is to enjoy those features and the neighbours.
After reading the report, comments from agencies and public, and recognizing recent
comments from Parks Canada, Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Omar Ha-Redeye
That application P/CA 50/23 by B. & Y. Javaid, 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 the
Zoning By-law, subject to the following conditions:
1. That the variance to permit the detached dwelling applies 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 & 7 contained in the staff report to the
Committee of Adjustment, dated November 8, 2023).
Committee of Adjustment
Hearing Minutes
Wednesday, November 8, 2023
7:00 pm
Electronic Hearing
Page 9 of 9
December 13, 2023
2. That Engineering Services shall be satisfied that the Engineering Design Criteria
can be adequately addressed prior to the issuance of a building permit.
3. That the applicant provides a revised TRCA permit prior to the issuance of a
building permit.
4. That prior to the issuance of a building permit the owner shall implement requested
mitigations outlined by Parks Canada in their comment letter dated November 8,
2023, to protect the environmental integrity of the Rouge National Urban Park.
Carried
5. Adjournment
Moved by Omar Ha-Redeye
Seconded by Sakshi Sood Joshi
That the 11th hearing of the 2023 Committee of Adjustment be adjourned at 7:48 pm.
Carried
__________________________
Date
__________________________
Chair
__________________________
Assistant Secretary-Treasurer
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