HomeMy WebLinkAboutJuly 10, 2024Committee of Adjustment Hearing Minutes Wednesday, July 10, 2024 7:00 pm Electronic Hearing
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Present
Omar Ha-Redeye Denise Rundle – Vice-Chair
Sakshi Sood Joshi Rick Van Andel 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
Not applicable
1. Disclosure of Interest
Sakshi Sood Joshi indicated a disclosure of interest for Item Number 4.4 - MV 40/24, as such Sean Wiley will not vote on this item to avoid a tie vote.
2. Adoption of Agenda
Moved by Omar Ha-Redeye Seconded by Rick Van Andel
That the agenda for the Wednesday, July 10, 2024 hearing be adopted.
Carried Unanimously
3. Adoption of Minutes
Moved by Rick Van Andel Seconded by Omar Ha-Redeye
That the minutes of the 6th hearing of the Committee of Adjustment held Wednesday, June 12, 2024 be adopted.
Carried
Committee of Adjustment Hearing Minutes Wednesday, July 10, 2024 7:00 pm Electronic Hearing
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4. Minor Variance Reports
4.1 (Deferred at the June 12, 2024 Committee of Adjustment Hearing) MV 31/24
P. Tekumalla & S. Vedantam 2719 Sapphire Drive
Due to her absence at the June 12, 2024 Committee of Adjustment hearing, Denise
Rundle recused herself from voting on this item. In order to avoid a tie vote, Sean Wiley will not be voting on the item.
The applicant requests relief from Zoning By-law 7364/14, as amended by By-laws 7857/21 and 8038/23, to permit a minimum 0.9 metre wide path of travel from the
entrance of an additional dwelling unit to a public street, whereas the By-law requires
that all lots containing additional dwelling units shall provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit to a public or private street.
The applicant requests approval of this minor variance application to obtain a building
permit for the construction of an additional dwelling unit in the basement of the existing
single detached dwelling.
Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Toronto and the City’s Fire Services Department.
Nadeem Ismaili, agent and Phani Tekumalla, applicant, were present to represent the
application. No further representation was present in favour of or in objection to the application.
The agent commented that they have spoken with Fire Services and came to a resolution to install water sprinklers in the basement unit and proper lighting in the side
yard.
Moved by Rick Van Andel
Seconded by Sakshi Sood Joshi
That application MV 31/24 by P. Tekumalla & S. Vedantam, 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 applies 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 July 10,
2024).
Committee of Adjustment Hearing Minutes Wednesday, July 10, 2024 7:00 pm Electronic Hearing
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2. That automatic sprinkler systems be installed and maintained within the existing single detached dwelling and proposed additional dwelling unit, in accordance with NFPA 13R, to the satisfaction of Fire Services.
3. That prior to the issuance of a building permit, Fire Services shall be satisfied with the proposal to construct an additional dwelling unit in the basement of the existing single detached dwelling.
Carried
4.2 MV 33/24
N. Turney 107 Secord Street
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93,
to permit an uncovered platform and associated steps (rear yard deck) not exceeding 1.6 metres in height above grade and not projecting more than 2.0 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
the required rear yard.
The applicant requests approval of this minor variance application to obtain a building permit for an existing deck in the rear yard.
Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and two area residents.
In support of the application, the applicant identified that the deck was reconstructed
with a smaller footprint to accommodate a swing set. The deck was also reconstructed to be one level versus two. The height relief is due to the grade of the lot and the height of the patio doors. The size of the deck is needed to accommodate family seating and a barbeque.
Nicholas Turney, applicant, was present to represent the application. One area resident
was present in favour of the application.
The applicant advised that the rear of his property is lined with tall cedars and there is a privacy fence to the right of the deck.
An area resident commented that they have no concerns on the application and
provided their support.
After reviewing the staff report, making a site visit and considering applicant and neighbour comments, Denise Rundle made the following motion:
Committee of Adjustment Hearing Minutes Wednesday, July 10, 2024 7:00 pm Electronic Hearing
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Moved by Denise Rundle Seconded by Omar Ha-Redeye
That application MV 33/24 by N. Turney, 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 applies only to the existing rear yard 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 July 10, 2024).
Carried Unanimously
4.3 MV 39/24 A. Naz
1910 Glendale Drive
The applicant requests relief from Zoning By-law 3036, as amended by By-laws
7874/21 and 7902/22 to permit:
• a maximum dwelling depth of 21.5 metres, whereas the By-law requires a maximum dwelling depth of 20 metres; and
• a maximum lot coverage of 31.5 percent, whereas the By-law permits a lot
coverage of 25 percent.
The applicant requests approval of this minor variance application to obtain a building permit to develop a new detached dwelling and remove all existing structures.
Input from other sources were received from the City’s Engineering Services, the City’s
Building Services Section and one area resident.
Mike Perger, agent, was present to represent the application. One area resident was present in objection to the application.
The agent commented that the variance requesting depth relief is taken from the minimum allowable setback, and some of the depth being requested is dead space in
from of the house. They are asking for a little over 2 percent of house coverage, the rest
of the coverage is to accommodate the front porch and rear veranda.
In response to questions from a Committee member, the agent explained that they have explored other options but that would create additional variances. The application brought forward is minor in their opinion.
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In objection to the application an area resident listed the following concerns: tree preservation and protection of wildlife.
In response to the resident comments the agent advised three trees in the rear yard and
the tree near the boulevard will remain, the two trees to the north side of the lot will be removed.
An area resident comment letter in objection to the application was read out to the Committee.
In response to the resident comments the agent provided rationale for the lot coverage
variance.
The Vice-Chair voiced concerns regarding the lot coverage and the need for the variance.
Planning staff provided a list of addresses on the street that have the same type of homes on their lot.
A Committee member commented that the neighbourhood is seeing a lot of replacement housing. The application matches the streetscape, and the variances seem minor in nature.
Moved by Rick Van Andel
That application MV 39/24 by A. Naz, 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 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 July 10, 2024).
Motion Lost
Moved by Denise Rundle Seconded by Omar Ha-Redeye
That application MV 39/24 by A. Naz, be Refused on the grounds that the requested variances are not desirable for the appropriate development of the land.
Carried
Committee of Adjustment Hearing Minutes Wednesday, July 10, 2024 7:00 pm Electronic Hearing
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Vote:
Omar Ha-Redeye in favour Denise Rundle in favour
Sakshi Sood Joshi in favour Rick Van Andel opposed Sean Wiley opposed
4.4 MV 40/24 RIOCAN Holdings (GTA Marketplace) Inc.
1900 Dixie Road
Due to technical difficulties Denise Rundle will not be voting on the application. Due to
her absence Sean Wiley will be voting.
The applicant requests relief from Zoning By-law 3036, as amended by By-laws 1494/82 and 6104/03 to permit an outdoor garden centre having a maximum area of 517 square metres in association with a food store, while providing a minimum of 277 parking spaces, from April 1st to June 30th of every calendar year, whereas the By-law
states that an outdoor garden centre having a maximum area of 362 square metres in
association with a food store is permitted from April 1st to June 30th of every calendar year, while providing a minimum 297 parking spaces on the subject property.
The applicant requests approval of this variance to permit the expansion of a temporary outdoor garden centre in association with the existing grocery store.
Input from other sources were received from the Applicant, City’s City Development
Department, City’s Engineering Services, City’s Building Services Section and the Toronto and Region Conservation Area (TRCA).
In support of the application, the applicant identified that the previous set up had limited space which resulted in loss of inventory. A larger space will allow all products to be locked in one area.
Derek Pereira, 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 they are requesting this variance to store all products in one location to allow for more convenience and safety to consumers.
Moved by Omar Ha-Redey
Seconded by Rick Van Andel
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That application MV 40/24 by RIOCAN Holdings (GTA Marketplace) Inc., 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 applies only to the proposed outdoor garden centre, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2 contained in the staff report to the Committee of Adjustment, dated July 10, 2024).
2. That the applicant obtains site plan approval to the satisfaction of City Development, prior to the issuance of any building permits associated with the outdoor garden centre.
Carried
4.5 MV 43/24
S. Martin 1506 Major Oaks Road
The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85
to permit:
• uncovered steps or platforms (deck) not exceeding 2.8 metres in height above grade and not projecting more than 3.95 metres in the required rear yard and not
more than 0.5 metres in any required side 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 not more than 0.5 metres in any required side yard; and
• a maximum lot coverage of 40.7 percent, whereas the By-law permits a maximum
lot coverage of 40 percent.
The applicant requests approval of this minor variance application to obtain a building permit for a new deck and remove the existing deck.
Input from other sources were received from the City’s Engineering Services and the
City’s Building Services Section.
Scott Martin, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application.
Moved by Omar Ha-Redeye Seconded by Denise Rundle
Committee of Adjustment Hearing Minutes Wednesday, July 10, 2024 7:00 pm Electronic Hearing
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That application MV 43/24 by S. Martin, 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 contained in the staff report to the Committee of Adjustment, dated July 10, 2024).
Carried Unanimously
5. Consent Reports
5.1 LD 13/24, MV 41/24 & MV 42/24 1000117575 Ontario Inc. 1780 Appleview Road
Land Division Application LD 13/24 is proposing to sever a 935.4 square metre parcel of land (Part 2), retaining a 910.3 square metre parcel of land (Part 1). The existing dwelling is proposed to be demolished.
MV 41/24 – (Retained Parcel – Part 1)
The applicant requests relief from Zoning By-law 3036, as amended by By-laws 6113/03, 7874/21 and 7902/22, as it relates to the retained lot, to permit:
• a minimum lot frontage of 14.7 metres, whereas the By-law requires a minimum lot
frontage of 18.0 metres;
• a covered porch and associated steps, not exceeding the height of 1.0 metre, to project a maximum of 2.4 metres into the required front 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;
• a maximum front yard setback of 13.2 metres, whereas the By-law requires a maximum front yard setback of 12.27 metres; and
• to permit a maximum dwelling height of 9.4 metres, whereas the By-law permits maximum dwelling height of 9.0 metres.
MV 42/24 – (Severed Parcel – Part 2)
The applicant requests relief from Zoning By-law 3036, as amended by By-laws
6113/03, 7874/21 and 7902/22, as it relates to the severed lot, to permit:
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• a minimum lot frontage of 14.6 metres, whereas the By-law requires a minimum lot frontage of 18.0 metres;
• front steps, with a maximum height of 1.4 metres, to project no more than 1.5 metres into the required front 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;
• a maximum front entrance elevation of 1.4 metres, whereas the By-law requires the maximum elevation of the front entrance to be 1.2 metres above the average grade; and
• a maximum dwelling height of 10.5 metres, whereas the By-law permits a
maximum dwelling height of 9.0 metres.
Input from other sources were received from the Applicant, City’s Engineering Services, the City’s Building Services Section, the City’s Fire Services, the Toronto and Region Conservation Area (TRCA) and the Region of Durham Planning and Works
Departments.
In support of the application, the applicant submitted a rationale.
Samantha Webster, agent, was present to represent the application. Two area residents were present in objection to the applications.
An area resident made the following comments in objection to the application:
requesting the applications be refused because it does not conform to the character of
the neighbourhood.
An area resident listed the following concerns in objection to the application: the lot frontage variance would change the setting of the neighbourhood and cause more congestion.
The agent commented that the Dunbarton Guidelines state 15.0 metres as the
suggested minimum lot frontage. The lots are over 200 feet deep, and due to the Infill Bylaw they are under the maximum lot depth. The front yard setback is based on the neighbouring dwellings and the frontage of this lot is diagonal.
An area resident’s comment letter in objection to the application was read out to the
Committee.
In response to the comment letter the agent commented that the proposal will meet the aesthetics of the street and are minor in nature.
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In response to questions from Committee members, the agent confirmed that if approval of the minor variance applications is not received this evening the consent of severance will no longer be viable.
The Vice-Chair commented that the lot as it is, is oversized according to the Guidelines and the streetscape. The application will be in conformity with other frontages on Appleview Road. After making a site visit, reading the report and listening to neighbors comments and agent responses, Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Rick Van Andel
That application LD 13/24 by 1000117575 Ontario Inc., be Approved, with respect to Section 51(24) of the Planning Act criteria and recommend, subject to the conditions outlined within Amended Appendix I and Appendices II and III, contained in the staff report to the Committee of Adjustment, dated July 10, 2024.
And
That application MV 41/24 by 1000117575 Ontario Inc., 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 retained lot (Part 1) and proposed development, as generally sited and outlined on the applicant’s submitted plan (refer to Exhibits 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated July 10, 2024).
2. That a TRCA permit be obtained from the Toronto Region Conservation Authority
prior to the issuance of a building permit.
And
That application MV 42/24 by 1000117575 Ontario Inc., 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 severed lot (Part 2) and proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 6, 7 & 8 contained in the staff report to the Committee of Adjustment, dated July 10, 2024).
Carried
Committee of Adjustment Hearing Minutes Wednesday, July 10, 2024 7:00 pm Electronic Hearing
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August 14, 2024
Vote:
Omar Ha-Redeye opposed Denise Rundle in favour
Sakshi Sood Joshi in favour Rick Van Andel in favour Sean Wiley in favour
6.Adjournment
Moved by Omar Ha-Redeye
Seconded by Sakshi Sood Joshi
That the 7th hearing of the 2024 Committee of Adjustment be adjourned at 8:29 pm.
Carried Unanimously
__________________________ Date
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Original Signed By
__________________________ Chair
Original Signed By
__________________________ Assistant Secretary-Treasurer