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HomeMy WebLinkAboutNovember 12, 2025Committee of Adjustment Hearing Minutes Electronic Meeting November 12, 2025 07:00 PM Present Omar Ha-Redeye Denise Rundle – Vice-Chair Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Isabel Lima, Secretary-Treasurer Jasmine Correia, Assistant Secretary-Treasurer Nilissa Reynolds, Assistant Secretary-Treasurer – Host Kerry Yelk, Planner II Ash Roy, Planner I Tanejaé Page-Hamilton, Zoning Examiner Figo Pham, Zoning Technician Absent: Not applicable. Disclosure of Interest Not applicable. Adoption of Agenda Moved By Sakshi Sood Joshi Seconded By Rick Van Andel That the agenda for the Wednesday, November 12, 2025 hearing be adopted. Carried Unanimously 1. 2. 1 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 8, 2025 be adopted. Carried Unanimously Draft Committee of Adjustment Minutes - October 8, 2025 Minor Variance Reports MV 51/25 - 980 & 984 Kingston Road (Deferred at the October 8, 2025, Committee of Adjustment Hearing) St. Mary & St. John The Beloved Coptic Orthodox Church The applicant requests relief from Zoning By-law 3036, as amended by By-laws 2498/87, 2923/88 and 7138/11, to: permit a place of religious assembly to occur in the existing easterly building and its proposed addition, with a maximum gross floor area of 3,693 square metres, whereas the By-law states that one place of religious assembly shall be permitted and shall only occur in the easterly building existing as of the day of the passing of this By-law, and shall not exceed a maximum gross floor area of 1,075 square metres; – Committee Refused • permit a day nursery to occur in the existing westerly building, with a maximum of 130 children and a maximum size of 574 square metres, whereas the By-law states that one day nursery shall be permitted and shall only occur in the westerly building existing as of the day of the passing of this By-law, and shall be restricted to a maximum of 54 children and shall not exceed 465 square metres in size; – Committee Refused • recognize an existing setback of 3.4 metres between the easterly building and the lot line abutting Kingston Road, whereas the By-law states that all buildings shall be setback 14.0 metres from the lot line abutting Kingston Road; • recognize an existing building height of 8.0 metres for the westerly building, and permit building heights for the easterly building and its proposed addition as follows: a maximum of 30.0 metres to the top of the tower, and for the portion of the building not located within the cross hatched area, a maximum • 3. 3.1 4. 4.1 Committee of Adjustment Hearing Minutes November 12, 2025 2 of 15.0 metres to the top of the roof, whereas the By law permits a maximum building height of 7.5 metres, except in the area cross hatched on Schedule II, where the maximum building height shall be 15.0 metres; permit a minimum of 195 parking spaces to be provided and maintained on the lands, whereas the By-law states that there shall be provided and maintained on the lands a minimum of 260 parking spaces; and – Committee Refused • permit parking areas to be set back a minimum of 1.0 metre from the lot line abutting Kingston Road and 0.5 of a metre from the lot line abutting Merritton Road, whereas the By law states that all parking areas shall be set back a minimum of 3.0 metres from all road allowances. • The applicant stated the following in support of the proposal: they are requesting to extend the easterly building in order to accommodate the growth of the congregation; the westerly building is zoned as a daycare, no changes are requested to the inside of the building; they are just looking to utilize the entire building, except for the gym, for the daycare in order to raise the amount of 129 children; they are not looking for any additional footprint to the westerly building; they are also looking to increase the height restrictions to construct a dome and a tower at the easterly portion of the property. In response to questions from a Committee member, the agent commented that they will need to go through the site plan approval and building permit process and the building permit process should the variances be approved. They do not anticipate construction to be complete for a couple of years. The northernly portion of the site has a creek and a portion of the site is within TRCA regulatory area. They will wait until the culvert construction is complete, construction should begin by spring 2026. The church does not exceed the 266 available parking on-site. Parking was reduced to 195 spaces by the Region, which is more than needed. When the parking study was conducted, two visits were made by the consultant, one on a Sunday and the other on Easter 2025. They have proposed several mitigative initiatives should the Church exceed projections outlined in the study, such as: use of the two gates on Highway 2 and Marritton Road for better car circulation, shuttles from another location for parking, or building a parking structure behind the church. Holiday services are held at night and will not affect traffic on Kingston Road. Most of the congregation resides in Pickering or surrounding Durham and Toronto cities. Additionally, there are two Coptic churches in Durham one in Pickering and the other in Ajax. Committee of Adjustment Hearing Minutes November 12, 2025 3 A Committee member commented that regarding the height by law, there is an exemption for clock towers as it represents cultural history and significance. After reading the report and making multiple site visits a Committee member acknowledges the effort put into this proposal, and cooperation with agencies to address concerns and the different mitigations proposed. The member indicated the following concerns: the church is not connected to any neighbourhoods, 95 percent of attendees arrive by car therefore there is a heavy reliance on transit and vehicles; Kingston Road is getting busier; Merritton Road is narrow and both sides of the road is full of parked cars; there is no reference to the day nursery parking requirements; and the drop in and off section for the daycare is very close to Kingston Road; the proposed shuttle relies on other properties for parking; 195 parking spaces is not sufficient if the mitigations aren’t imposed; and there is no way for the City to enforce the mitigations. In support of the application, a Committee member made the following comments: the report states the parking is satisfactory for now and has no objection; if the church grows it is a positive thing. The Region of Durham has no issue with the proposal. They will be served by the new bus rapid transit system, which will alleviate traffic and parking demands. The parking study is based on the most extreme conditions of growth. The applicant commented that he is trying to work with all agencies. The daycare is operational from Monday to Friday from 9 am to 5 pm, and the parking peak is on Sundays. There is no parking demand for the daycare. The mitigative initiatives are in the future, if ever needed. It is not required now. In response to a question from a Committee member the Secretary-Treasurer stated that any illegal parking issues are enforceable by the City. It would be difficult to enforce a condition for the mitigative initiatives to a possible future situation. A Committee member commented that the variance giving most pause for members are the ones for parking and suggested a split motion. The following comments were made by a Committee member: more floor space means more seating and more parking. the parking By-law was passed by Council for one building for religious assembly in existing building. The applicant is looking at tripling floor area, therefore parking is directly related and affected. They suggested bringing the proposal to Council for approval. The applicant commented that at the time Council passed this By-law they were told Committee of Adjustment Hearing Minutes November 12, 2025 4 not to knock down the two buildings in order to make it one large building. Moved By Denise Rundle Seconded By Omar Ha-Redeye That variances to: recognize an existing setback of 3.4 metres between the easterly building and the lot line abutting Kingston Road; • recognize an existing building height of 8.0 metres for the westerly building, and permit building heights for the easterly building and its proposed addition as follows: a maximum of 30.0 metres to the top of the tower, and for the portion of the building not located within the cross hatched area, a maximum of 15.0 metres to the top of the roof; and • permit parking areas to be set back a minimum of 1.0 metre from the lot line abutting Kingston Road and 0.5 of a metre from the lot line abutting Merritton Road • of MV 51/25 by St. Mary & St. John The Beloved Coptic Orthodox Church, 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: That these variances apply only to the existing easterly building and its proposed addition and the existing westerly building, as generally sited and outlined on the applicant’s submitted plans (refer to Revised Exhibits 1, 2, 5 & 9). 1. And That variances to: permit a place of religious assembly to occur in the existing easterly building and its proposed addition, with a maximum gross floor area of 3,693 square metres; • permit a day nursery to occur in the existing westerly building, with a maximum of 130 children and a maximum size of 574 square metres; and • permit a minimum of 195 parking spaces to be provided and maintained on • Committee of Adjustment Hearing Minutes November 12, 2025 5 the lands. of MV 51/25 by St. Mary & St. John The Beloved Coptic Orthodox Church, be Refused on the grounds that these variances are not minor in nature, for the following reasons: The variances to permit more than triple the amount of Gross Floor Area for a place of religious assembly; doubling the number of children and increasing the amount of floor space for the day nursery; and together with a reduction of 75 percent of the required parking spaces has significant potential for negative and adverse impact as it relates to parking on the site. When considered individually and cumulatively, as required by the Planning Act, these variances do not meet the intent of the Council-approved zoning by-law amendment to limit the size and scale of development on the site for a place of religious assembly, with sufficient parking to be provided. 1. The combination of these variances is not desirable or appropriate for the development of the land, especially given the existing constraints and context of the site in the neighbourhood. The proposed mitigative measures to manage parking demand proposed by the applicant are unenforceable by the City and do not bind future owners of the site. The Committee must consider the public interest. 2. The opportunity for significant negative impact because of over development and an increase in the intensity of uses on the site warrants more comprehensive consideration by Council through a zoning by-law amendment. 3. Carried (4 to 1) MV 56/25 - 1376 Fordon Avenue R. Schmalgemeyer The applicant requests relief from Zoning By-law 8149/24, to permit: a porch to encroach into the required front yard setback to a maximum of 3.5 metres, whereas the By-law permits a porch to encroach into any required setback to a maximum of 2.0 metres; and • a maximum lot coverage of 39.5 percent, whereas the By-law requires a maximum lot coverage of 33 percent. • 4.2 Committee of Adjustment Hearing Minutes November 12, 2025 6 The applicant requests approval of this minor variance application to permit an existing covered porch. Input from other sources were received from the Applicant, the City’s Engineering Services, the City’s Building Services Section, the Toronto and Region Conservation Area (TRCA), and two area residents. In support of the application, the applicant identified that the owner replaced the deteriorating front porch without securing a required building permit. Robert Schmalgemeyer, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant stated the deck the deck at the front of the house has rotted and needed to be replaced, it is in the same location it is just square instead of hexagonal, and with a gazebo on top. A Committee member commented that the proposed dwelling accounts for 32.6 percent of lot coverage and 6.9 for the porch, its similar set back from adjacent properties. A Committee member commented that this was constructed without the benefit of a building permit and encourages residents to go through that process prior to any type of construction. Moved By Omar Ha-Redeye Seconded By Rick Van Andel That application MV 56/25 by R. Schmalgemeyer, 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: That these variances apply only to the existing front yard porch, as generally sited and outlined on the applicant’s submitted plans (refer to Attachments 2 & 3). 1. Carried Unanimously MV 57/25 - 1155 Kubota Drive Kubota Canada Ltd. 4.3 Committee of Adjustment Hearing Minutes November 12, 2025 7 The applicant requests relief from Zoning By-law 8149/24 to permit an accessory structure in the front yard, whereas the By-law requires accessory buildings and structures only in the rear yard. The applicant requests approval of this minor variance application to obtain a building permit to construct a security trailer. Input from other sources were received from the Applicant, the City’s Engineering Services, the City’s Building Services Section, and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant identified that the applicant has submitted a planning rationale letter in support of this application. Please contact the City Development Department to receive a copy of this letter at citydev@pickering.ca. Merve Kolcak, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee member the agent stated that they are requesting the security trailer to be located fronting Kubota Drive on what is considered as the front yard of the property according to the By-law, however it is not used as such and has no affect on the streetscape. After a site visit and considering that the adjacent lands do not house an established residential neighbourhood, Omar Ha-Redeye moved the following motion: Moved By Omar Ha-Redeye Seconded By Rick Van Andel That application MV 57/25 by Kubota Canada Ltd., 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: That this variance applies only to the security trailer, as generally sited and outlined in the applicant’s submitted plans (refer to Attachments 2, 3 and 4). 1. Carried Unanimously MV 58/25 - 875 Baylawn Drive C. & R. Powell 4.4 Committee of Adjustment Hearing Minutes November 12, 2025 8 The applicant requests relief from Zoning By-law 8149/24, to permit a rear deck to be located 3.5 metres from the area designated “OS-HL”, whereas the By-law requires a minimum setback of 6.0 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct a rear deck. Input from other sources were received from the Applicant, the City’s Engineering Services, the City’s Building Services Section, and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant identified that the existing deck is aging and unsafe, requiring replacement, and the proposed design is to provide safe access to the rear yard due to the change in grade. Spencer Joy, 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 a building permit was applied for the during that process they and found out about the requirement for a minor variance. TRCA was provided the application and has no comments or objections. Moved By Omar Ha-Redeye Seconded By Sakshi Sood Joshi That application MV 58/25 by C. & R. Powell, 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: That this variance applies only to the rear deck, as generally sited and outlined on the applicant’s submitted plans (refer to Attachments 2, 3 & 4). 1. Carried Unanimously Consent (Land Division) Reports LD 11/25 - 1981 Guild Road A. Asokkanth, P. Santhiralingam & M. Subramaniam The applicant is proposing to sever an 876.6 square metre parcel of land (Part 1) 5. 5.1 Committee of Adjustment Hearing Minutes November 12, 2025 9 while retaining an 876.6 square metre parcel of land (Part 2). Input from other sources were received from the Applicant, the City’s Engineering Services, the City’s Building Services Section, and the Toronto and Region Conservation Area (TRCA). Asokkanth Santhiralingam, 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 their previously approved application lapsed before they could satisfy the conditions. Moved By Sakshi Sood Joshi Seconded By Rick Van Andel That application LD 11/25 by A. Asokkanth, P. Santhiralingam & M. Subramaniam, be Approved, with respect to Section 51(24) of the Planning Act criteria and recommend, subject to the conditions outlined within Attachments 3, 4 & 5. Carried Unanimously Adjournment Moved By Denise Rundle Seconded By Omar Ha-Redeye That the 11th hearing of the 2025 Committee of Adjustment be adjourned at 8:10 pm. Carried Unanimously Minutes recorded this 12th day of November 2025. Minutes adopted the 10th day of December 2025. ______________________________ Chair ______________________________ 6. Committee of Adjustment Hearing Minutes November 12, 2025 10 Assistant Secretary-Treasurer Committee of Adjustment Hearing Minutes November 12, 2025 11