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HomeMy WebLinkAboutSeptember 11, 2024Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 1 of 11 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 Nilissa Reynolds, Assistant Secretary-Treasurer – Host Kerry Yelk, Planner II Michael David, Zoning Examiner Absent Not applicable. 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Sakshi Sood Joshi Seconded by Rick Van Andel That the agenda for the Wednesday, September 11, 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 8th hearing of the Committee of Adjustment held Wednesday, August 14, 2024 be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 2 of 11 4. Minor Variance Reports 4.1 (Deferred at the August 14, 2024 Committee of Adjustment hearing) MV 50/24 S. Nazarinia 621 West Shore Boulevard The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18 to permit: • a minimum front yard setback of 1.5 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; • a minimum rear yard setback of 2.4 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres; • a maximum lot coverage of 36.8 percent, whereas the By-law permits a maximum lot coverage of 33 percent; and • to permit a maximum building height of 10.3 metres, whereas the By-law permits a maximum building height of 9.0 metres. (withdrawn by the applicant at the hearing) The applicant requests approval of this variance to obtain a future building permit for a three-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section, one area resident and two nieghbourhood associations. In support of the application, the applicant identified the subject property has a lot depth of only 15.24 metres. As such, it is not possible to build a dwelling on the lot without variances for front and rear yard setback. The proposed lot coverage includes area of two porches and the basement walk up. The dwelling height is consistent with other new builds in the neighbourhood. Arlene Beaumont, agent, was present to represent the application. One representative from a neighbourhood association was present to speak on the application. Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 3 of 11 The agent made a brief presentation in support of the application. A representative from a neighbourhood association stated they have no further objections with the application as the third floor is being removed from the proposal by the applicant. The Secretary-Treasurer confirmed the distance from the curb to the main will is 41 feet. Given the unique lot, structure of the property, the covered porches attributing to the overall lot coverage, and the applicant revising their proposal to remove the height variance, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application MV 50/24 by S. Nazarinia, 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 the revised Exhibit 2, 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated August 14, 2024). Carried Unanimously 4.2 MV 53/24 D. Yapa 1278 Commerce Street The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/21, 7872/21 and 7873/21, to permit: • a minimum front yard setback of 4.5 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; • uncovered steps and platforms (uncovered front yard porch) not exceeding 1.0 metre in height above grade and not projecting more than 1.8 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 minimum flankage yard setback (first storey addition) of 3.0 metres, whereas the By-law requires a minimum flankage yard setback of 4.5 metres; Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 4 of 11 • a partially covered platform (second storey balcony) not exceeding 3.3 metres in height above grade and not projecting more than 2.2 metres into the required flankage yard, whereas the By-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.0 metre into the required flankage yard; • main eaves (second storey balcony canopy) not projecting more than 0.85 of a metre from the proposed balcony projection, whereas the By-law permits main eaves, belt courses, chimney breasts, sills or cornices not projecting more than 0.45 of a metre into required yard; • a minimum rear yard setback of 2.8 metres, whereas the By-law permits a minimum rear yard setback of 7.5 metres; • a minimum side yard setback of 1.2 metres, whereas the By-law permits a minimum side yard setback of 1.5 metres; and • a maximum lot coverage of 36 percent, whereas the By-law permits a maximum lot coverage of 33 percent. The applicant requests approval of this minor variance application to construct an addition and reconstruct a ground floor porch and second storey balcony. 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 three area residents. In support of the application, the applicant identified that the variances are to permit minor additions and reconstruction of existing decks and balconies. Hamzeh Bagheri, agent, was present to represent the application. One area resident was present in objection to the application. The agent stated that four of the variances were inherited from the previous owner. In response to questions from Committee members, the agent said the homeowner had started construction and that he had advised them to stop. City Development staff confirmed the variances identified in the Notice of Hearing are required for the proposal before the Committee for consideration. The agent clarified that they are extending the first floor to become flush with the exterior of the second and third floor. The front porch floorplan will be reduced. Some vegetation will be cleaned up during construction. Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 5 of 11 Moved by Rick Van Andel That application MV 53/24 by D. Yapa, 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 first storey addition, front porch, and second storey balcony, 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 September 11, 2024). Motion Lost Moved by Omar Ha-Redeye Seconded by Denise Rundle That application MV 53/24 by D. Yapa, be Refused on the grounds that the requested variances are not minor in nature, not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Vote: Omar Ha-Redeye in favour Sakshi Sood Joshi in favour Denise Rundle in favour Rick Van Andel opposed Sean Wiley opposed 4.3 MV 54/24 A. & F. Lorefice 1995 Glendale Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21, to permit: • an accessory building (cabana) with a maximum height of 4.6 metres, whereas the By-law permits accessory buildings with a maximum height of 3.5 metres; and • a maximum lot coverage of 35.1 percent, whereas the By-law permits a maximum lot coverage of 25 percent. The applicant requests approval of this minor variance application to construct an accessory building (cabana) in the rear yard. Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 6 of 11 Input from other sources was received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the application, the applicant identified that the size and scale of the structure is similar to other structures on neighbouring properties and fits within the context of the neighbourhood Daniel Venturuzzo, agent, 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 Rick Van Andel That application MV 54/24 by A. & F. Lorefice, 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 accessory building (cabana), 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 September 11, 2024). Carried Unanimously 4.4 MV 55/24 Purolator Inc. 1075 Squires Beach Road The applicant requests relief from Zoning By-law 3036, to permit front yard parking be limited to 107 percent (64 parking spaces) of the total required parking, whereas the By-law limits front yard parking to 20 percent (12 parking spaces) of the total required parking. The applicant requests approval of this minor variance application to obtain Site Plan approval to expand on-site parking. Input from other sources was received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the application, the applicant identified that the current Zoning By-law does not recognize Through Lots. As a result, this lot technically has two front yards, even though the Squires Beach yard looks and functions like a front yard and the Copperstone yard looks and functions as a rear yard. Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 7 of 11 Martin Hoek and Darcy Gordon, applicants, and Doug Stiles, 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 brief presentation in support of the application. The agent stated they require more parking due to operational needs. The applicant stated they are currently renting the property next door to provide more parking for staff and customers. In response to a question from a Committee member the agent confirmed there will be landscaping along the frontage of Copperstone Drive. After reading the report and being satisfied with the landscaping proposed around the parking lot area, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application MV 55/24 by Purolator 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 condition: 1. That this variance applies only to the proposed development, 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 September 11, 2024). Carried Unanimously 4.5 MV 56/24 J. Rasiah, S. Jegatheeswaran & T. Jegatheeswaran 813 Fairview Avenue The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18 and 7872/21 to permit: • a maximum dwelling depth of 20.5 metres for a lot with lot depth less than 40.0 metres, whereas the By-law permits a maximum dwelling depth of 17.0 metres for lots with depths less than 40.0 metres; and • a maximum front yard setback of 6.8 metres, whereas the By-law permits a maximum front yard setback of 5.7 metres. Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 8 of 11 The applicant requests approval of this minor variance application to construct a two-storey detached dwelling. Input from other sources was received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the application, the applicant identified that the existing location of the adjacent dwellings front yard setbacks and where they are currently located makes it difficult to comply with the requirements of the front yard setback and building depth. Yaso Somalingam, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application MV 56/24 by J. Rasiah, S. Jegatheeswaran & T. Jegatheeswaran, 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 detached dwelling, as generally sited and outlined on the applicant’s submitted plans. Carried Unanimously 4.6 MV 57/24 N., S. & J. Singh 2729 Sapphire Drive The applicant requests relief from Zoning By-law 3036, as amended by By-laws 7364/14 and 7857/21, to permit a deck to encroach into any required rear yard to a maximum of 3.2 metres, whereas the By-law permits a deck to encroach into any required rear yard a maximum of 2.0 metres. The applicant requests approval of the variance to obtain a building permit to construct a rear yard deck. Input from other sources was 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 space in the rear yard is not enough to support a comfortable deck size within the allowed by-law setback. Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 9 of 11 Rajeev Mattai, 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 looking for this relief to have more usable space, he has a large rear yard that is on a hill and where the deck is proposed is the only flat space they have to build on. A Committee member commented that the property backs on to a greenspace and they only have one immediate neighbour. Moved by Denise Rundle Seconded by Omar Ha-Redeye That application MV 57/24 by N., S. & J. Singh, 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 rear yard deck, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5). Carried Unanimously 4.7 MV 58/24 J. & T. O’Leary 730 Kingfisher Drive The applicant requests relief from Zoning By-law 2520, as amended, to permit uncovered steps and platforms not exceeding 2.5 metres in height above grade and not projecting more than 1.0 metre into the required flankage 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 1.0 metre into any required side yard. The applicant requests approval of this variance to obtain occupancy in the newly built Additional Dwelling Unit (ADU). Input from other sources was received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the application, the applicant identified that an error in the original permit process has created the need for an exterior landing and stairs that will encroach into the required setback. Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 10 of 11 JD O’Leary, applicant, and Peter Barton, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The applicant stated they require a variance so that the stairs to the ADU meet the building code. Originally the ADU was designed as an in-law suite. Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application MV 58/24 by J. & T. O’Leary, 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 proposed uncovered steps and platforms, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2, 3 & 4 contained in the staff report to the Committee of Adjustment, dated September 11, 2024). Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, September 11, 2024 7:00 pm Electronic Hearing Page 11 of 11 October 9, 2024 5.Adjournment Moved by Rick Van AndelSeconded by Sakshi Sood Joshi That the 9th hearing of the 2024 Committee of Adjustment be adjourned at 8:15 pm. Carried Unanimously __________________________ 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 Original Signed By Original Signed By