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HomeMy WebLinkAboutApril 8, 2026Committee of Adjustment  Hearing Minutes  Electronic Meeting  April 08, 2026 07:00 PM Present Omar Ha-Redeye – Vice-Chair Denise Rundle Sakshi Sood Joshi Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Jasmine Correia, Assistant Secretary-Treasurer Nilissa Reynolds, Assistant Secretary-Treasurer – Host Ash Roy, Planner II Figo Pham, Planner I Absent Rick Van Andel Land Acknowledgment Statement   Disclosure of Interest   Not applicable. Adoption of Agenda   In order to avoid a tie vote due to an absence, Sean Wiley will abstain from voting in tonight's hearing. Moved By Omar Ha-Redeye That the revised agenda for the Wednesday, April 8, 2026 hearing be adopted.   1. 2. 3. 1 Carried Unanimously Adoption of Minutes   Moved By Sakshi Sood Joshi That the minutes of the 3rd hearing of the Committee of Adjustment held Wednesday, March 11, 2026 be adopted. Draft Minutes for the March 11, 2026 Committee of Adjustment Hearing   Consent (Land Division) Reports   LD 08/26 and MV 22/26 & MV 23/26 - 325 Sheppard Avenue   A. Racz The applicant is proposing to sever a 929.7 square metre residential parcel of land (Part 2), retaining a 929.7 square metre residential parcel of land (Part 1). The applicant requests relief from Zoning By-law 8149/24, to permit: minimum lot frontage of 15.2 metres, whereas the By-law requires minimum lot frontage of 18.0 metres; and • minimum side yard setback of 1.4 metres, whereas the By-law requires a minimum side yard setback of 1.8 metres. • The applicant requests approval of these minor variance applications to construct two detached dwellings, one on each lot. Input from other sources was received from the Applicant, City’s Engineering Services, the City’s Building Services Section, the Region of Durham Planning & Economic Department, and one area resident. In support of the applications, the applicant has submitted a Cover Letter in support of this application. Please contact the City Development Department to receive a copy of this letter at citydev@pickering.ca. Grant Morris, agent, was present to represent the applications. No further representation was present in favour of or in objection to the applications. The agent confirmed they read the report and have no objections. The original side 4. 4.1 6. 6.1 Committee of Adjustment Hearing Minutes April 08, 2026 2 yard setback was 1.8 metres, however, due to the chimney setback of 6 inches, the side yard needed to be adjusted to 1.4 metres. The applicant has made arrangements with the neightbour to resolve fencing issues. Moved By Denise Rundle That application LD 08/26 by A. Racz, be Approved as applied for, as it generally complies with all applicable plans and policies, subject to the conditions outlined within Attachments 8, 9, 10 and 11 contained in the staff report to the Committee of Adjustment, dated April 8, 2026.   Carried Unanimously Moved By Denise Rundle That applications MV 22/26 & MV 23/26 by A. Racz, 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: That these variances apply only to the retained lot (Part 1) and severed lot (Part 2) and the proposed development, as generally sited and outlined in the applicant’s submitted plans (refer to Attachments 2 & 3 contained in that staff report to the Committee of Adjustment, dated April 8, 2026). 1. That the applicant obtains final clearance for Consent Application LD 08/26 by April 8, 2028, or this decision shall become null and void. 2.   Carried Unanimously LD 10/26 to LD 12/26 and MV 25/26 to MV 27/26 - 1395 & 1399  Rougemount Drive   S. Taseen & H. Chetram Consent Applications LD 10/26 to LD 12/26 have been submitted to establish a total of 3 lots to facilitate the development of 1 detached dwelling on each severed lot. LD 10/26 Consent to sever a 836.1 square metre residential parcel of land (Part 1), retaining a 1,547.0 square metre residential parcel of land (Part 3). LD 11/26 6.3 Committee of Adjustment Hearing Minutes April 08, 2026 3 Consent to sever a 418.1 square metre residential parcel of land (Part 2), retaining a 1,547.0 square metre residential parcel of land (Part 3). LD 12/26 Consent to sever a 418.1 square metre residential parcel of land (Part 4), retaining a 2,386.0 square metre residential parcel of land (Part 5). Requested Variances The applicant requests relief from Zoning By-law 8149/24 to permit: MV 25/26 & MV 27/26 – (Parts 1, 2, & 4) minimum lot frontage of 15.2 metres, whereas the By-law requires minimum lot frontage of 18.0 metres; • minimum side yard setback of 1.5 metres, whereas the By-law requires minimum of 3.0 metres; and • minimum landscaped open space of 40 percent, whereas the By-law requires minimum landscaped open space of 45 percent. • MV 26/26 – (Parts 3 & 5) minimum lot frontage of 15.2 metres, whereas the By-law requires minimum lot frontage of 18.0 metres. • Input from other sources was received from the Applicant, City’s Engineering Services, the City’s Building Services Section and the Region of Durham Planning & Economic Department and Works Department. In support of the applications, the applicant has submitted a Cover Letter in support of this application. Please contact the City Development Department to receive a copy of this letter at citydev@pickering.ca. Grant Morris, agent, was present to represent the applications. No further representation was present in favour of or in objection to the applications. The Secretary-Treasurer revised the Summary of Findings section within the staff report to the Committee of Adjustment dated April 8, 2026 suggesting that LD 11/26 and LD 12/26 is contingent on the approval of the other, ensuring newly created Committee of Adjustment Hearing Minutes April 08, 2026 4 parts are appropriately merged. City conditions has been updated to include late comments and conditions received from the Region of Durham. The agent stated that after reading the City staff comments he made a site visit and noted that 14 newly constructed homes in the area have side yards of anywhere between 4 feet and 10 feet between houses. He had measured the side yard setback of the dwelling to the north of proposed lot 1 and it measured at 6 feet. The requested south side yard setback is 5 feet. This will provide 11 feet between houses, which is greater than some houses on the street. The original proposal had suggested a front yard setback of 59 feet however Zoning staff suggested that the house be brought forward to keep consistent with the adjacent dwelling, we adjusted the setback to 51 feet, which resulted in a variance justifying landscaping. The side yard setback of 5 feet is consistent with other houses in the area, it will not be out of character with the existing houses, or create a precedent, all 4 tests have been met. In response to questions from a Committee member, the agent stated that the owner would like to continue using the home on the third lot. The other existing building will be converted into two homes for their in-laws. Further issues would have arose if they had narrowed that third lot's front yard setback to make the other two lots bigger, and it would not be consistent with the existing neighbourhood. A Committee member commented that they have read the report and that this part of Rougemount Drive is an unusual enclave and is characterized by varied trees, setback, types of housing. They aren't cookie cutter homes in this neighbourhood, each lot is unique. A City Planner read out concerns from a neighbour that included frontage versus the size of the house, looks like three units are being proposed, and dead tree cleanup required on the property. In response to the neighbour's comments, the agent commented that the owner had cleaned up a lot of dead trees on the property and is continuing the cleanup. Three units are permitted as per the By-law. They also have an arborist report that has been prepared and they are in agreement with the conditions of the staff report and Regional conditions. Moved By Denise Rundle That application LD 10/26 by S. Taseen & H. Chetram, be Approved as applied for, as it generally complies with all applicable plans and policies, subject to the conditions outlined within Attachments 8 and 9 contained in the staff report to the Committee of Adjustment Hearing Minutes April 08, 2026 5 Committee of Adjustment dated April 8, 2026, and within the Regional Planning and Economic Development Department and Regional Works Department memo, dated April 2, 2026, as well as the following additional conditions: Provide a Solicitor’s Undertaking to the City indicating that Section 50(3) or (5) of the Planning Act applies and that: 1. The retained parcel identified as Part 3 (being a parcel without independent road access) shall not be conveyed as a separate parcel and shall instead be conveyed and transferred in the same name as the owner of the abutting parcel to the north created through LD 12/26 being Part 5; a. The parcels shall be consolidated on title (Application Consolidation Parcels) immediately following the registration of the transfer; and b. The City shall be provided with a copy of the registered transfer and the Application Consolidated Parcels within 30 days of their registration. c.   Carried Unanimously Moved By Denise Rundle That application LD 11/26 by S. Taseen & H. Chetram, be Approved as applied for, as it generally complies with all applicable plans and policies, subject to the conditions outlined within Attachments 8 and 9 contained in the staff report to the Committee of Adjustment dated April 8, 2026, and within the Regional Planning and Economic Development Department and Regional Works Department memo, dated April 2, 2026, as well as the following additional conditions: Provide a Solicitor’s Undertaking to the City indicating that Section 50(3) or (5) of the Planning Act applies and that: The severed parcel being created through LD 11/26 being Part 2 shall be conveyed and transferred in the same name as the owner of the abutting parcel to the north created through LD 12/26 being Part 4; a. The retained parcel identified as Part 3 (being a parcel without independent road access) shall not be conveyed as a separate parcel and shall instead be conveyed and transferred in the same name as the owner of the abutting parcel to the north created through LD 12/26 being Part 5; b. The parcels shall be consolidated on title (Application Consolidation Parcels) immediately following the registration of the transfer; and c. The City shall be provided with a copy of the registered transfer and the Application Consolidated Parcels within 30 days of their registration. d. 1. That final and binding consent for LD 11/26 shall be conditional upon the approval and finalization of LD 12/26, and that the consent shall not be finalized independently, to ensure that the intended parcel conveyance and 2. Committee of Adjustment Hearing Minutes April 08, 2026 6 consolidation arrangements are implemented.   Carried Unanimously Moved By Denise Rundle That application LD 12/26 by S. Taseen & H. Chetram, be Approved as applied for, as it generally complies with all applicable plans and policies, subject to the conditions outlined within Attachments 8 and 9 contained in the staff report to the Committee of Adjustment dated April 8, 2026, and within the Regional Planning and Economic Development Department and Regional Works Department memo, dated April 2, 2026, as well as the following additional conditions: Provide a Solicitor’s Undertaking to the City indicating that Section 50(3) or (5) of the Planning Act applies and that: 1. The severed parcel being created through LD 12/26 being Part 4 shall be conveyed and transferred in the same name as the owner of the corresponding parcel created through LD 11/26 being Part 2; a. The retained parcel identified as Part 5 shall receive and be conveyed and merged with Part 3 from LD 10/26 and LD 11/26, and shall be held in the same ownership; b. The parcels shall be consolidated on title (Application Consolidation Parcels) immediately following the registration of the transfer; and c. The City shall be provided with a copy of the registered transfer and the Application Consolidated Parcels within 30 days of their registration. d. That final and binding consent for LD 12/26 shall be conditional upon the approval and finalization of LD 11/26, and that the consent shall not be finalized independently, to ensure that the intended parcel conveyance and consolidation arrangements are implemented. 2.   Carried Unanimously Moved By Denise Rundle That the variances for the reduced lot frontage and reduced landscaped open space within application MV 25/26 by S. Taseen & H. Chetram, 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: That these variances apply only to the severed lot (Part 1) and the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Attachments 4 and 5 contained in the staff report to the Committee of Adjustment dated April 8, 2026). 1. Committee of Adjustment Hearing Minutes April 08, 2026 7 That the applicant obtains final clearance for Land Division Applications LD 10/26 to LD 12/26 by April 8, 2028, or this decision shall become null and void. 2. And That the variance for the reduced side yard setback within application MV 25/26 by S. Taseen & H. Chetram, be Refused on the grounds that the requested variance is 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 the Zoning By-law.   Carried Unanimously Moved By Denise Rundle That application MV 26/26 by S. Taseen & H. Chetram, 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: That these variances apply only to the retained lots (Parts 3 & 5) as merged and the proposed development, as generally site and outlined on the applicants submitted plans (refer to Attachments 4 and 6 contained in the staff report to the Committee of Adjustment dated April 8, 2026). 1. That the applicant obtains final clearance for Land Division Applications LD 10/26 to LD 12/26 by April 8, 2028, or this decision shall become null and void. 2.   Carried Unanimously Moved By Denise Rundle That application MV 27/26 by S. Taseen & H. Chetram, 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: That these variances apply only to the severed lots (Parts 2 & 4) and the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Attachments 4 and 5 contained in the staff report to the Committee of Adjustment dated April 8, 2026). 1. That the applicant obtains final clearance for Land Division Applications LD 10/26 to LD 12/26 by April 8, 2028, or this decision shall become null and void. 2.   Carried Unanimously Committee of Adjustment Hearing Minutes April 08, 2026 8 Minor Variance Reports   MV 21/26 - 1970 Brock Road (Tabled at the March 11, 2026 Committee of  Adjustment Hearing)   Brock and Kingston Holdings Inc. The applicant requests relief from Zoning By-law 3036, as amended by By-law 2212/86 to permit a “Restaurant-Type D" which shall mean a building or part of building which food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises, and which may include an accessory takeout component, and a drive-through facility, whereas the By-law permits a “Restaurant-Type D" shall mean a building or part of building which food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises, and which may include an accessory takeout component. The applicant requests approval of this minor variance application to permit a drive- through facility accessory to a Restaurant-Type D use. Input from other sources were received from the Applicant, City’s Engineering Services, the City’s Building Services Section, and two area residents. In support of the application, the applicant has submitted a Justification 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. The agent made a brief presentation in support of the application. In response to questions from Committee members, the agent stated that the traffic brief is based on the current site and does not take into account the proposed mixed-use development. The proposed tenant will be Wendy's. After reading the report, making a site inspection and considering all comments, Denise Rundle moved the following motion: Moved By Denise Rundle That application MV 21/26 by Brock and Kingston Holdings 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 5. 5.1 Committee of Adjustment Hearing Minutes April 08, 2026 9 purpose of the Official Plan and Zoning By law, subject to the following conditions: That this variance applies only to the proposed restaurant use with drive- through facility, as generally sited and outlined on the applicant’s submitted plans (refer to Attachments 2 & 3 contained in the staff report to the Committee of Adjustment, dated April 8, 2026). 1. That this variance shall apply only to the proposed development once Site Plan Approval has been granted for the subject lands. 2. Should the applicant revise the proposal in response to comments received through the Site Plan Approval process, any additional variances identified will be required to return to the Committee of Adjustment for consideration. 3.   Carried Unanimously Consent (Land Division) Reports   LD 09/26 - 1955 Valley Farm Road   Southbridge Health Care GP Inc. The applicant is proposing to sever a 10,331.5 square metre parcel of land (Parts 6, 7 & 9), retaining a 20,758.8 square metre parcel of land (Parts 1, 2, 3, 4, 5, 8 & 10). The subject property is currently developed with a two-storey long-term care facility. The applicant proposes to sever the lands to facilitate the development of a new 15- storey long term care facility on the severed parcel. Upon completion of the new facility, residents will be relocated accordingly, at which time the existing long-term care building will be demolished. Input from other sources was received from the Applicant, City’s Engineering Services, the City’s Building Services Section, the Region of Durham Planning & Economic Department and Works Department, and HydroOne. In support of the applications, the applicant has submitted a Cover Letter in support of this application. Please contact the City Development Department to receive a copy of this letter at citydev@pickering.ca. Adam Layton, agent, was present to represent the applications. No further representation was present in favour of or in objection to the applications. The agent made a brief presentation in support of the application. 6. 6.2 Committee of Adjustment Hearing Minutes April 08, 2026 10 In response to a question from a Committee member, the agent stated that they do not know of the plans of the retained parcel. In response to comments from an area resident, the agent stated that the applicant plans to have one replacement building and the existing building will be demolished. Construction would take around three years, and has already started. In response to a question from a Committee member, the agent stated the purpose for the severance is to obtain construction financing for the new building without burdening the old building, it is a way to separate the two enterprises. A Committee member commented that an MZO was issued on this property giving them permission to accelerate any development of this property, which is crucial for this City. Moved By Denise Rundle That application LD 09/26 by Southbridge Health Care GP Inc., be Approved as applied for, as it generally complies with all applicable plans and policies, subject to the conditions outlined within Attachments 4, 5 and 6 contained in the staff report to the Committee of Adjustment, dated April 8, 2026.   Carried Unanimously Adjournment   Moved By Omar Ha-Redeye That the 4th hearing of the 2026 Committee of Adjustment be adjourned at 8:03 pm. Minutes recorded on this 8th day of April 2026. Minutes adopted the 13th day of May 2026. ______________________________ Chair ______________________________ Assistant Secretary-Treasurer 7. Committee of Adjustment Hearing Minutes April 08, 2026 11