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HomeMy WebLinkAboutJanuary 25, 2017-Cd:Jof- PJCKERJNG Present Tom Copeland-Vice-Chair David Johnson -Chair Eric Newton Sean Wiley Also Present Ross Pym, Principal Planner-Strategic Initiatives Lesley Dunne, Assistant Secretary-Treasurer Absent Denise Rundle (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room That the agenda for the Wednesday, January 25, 2017 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 15th meeting of the Committee of Adjustment held Wednesday, December 7, 2016 be adopted. Carried Unanimously Page 1 of 12 -C~of­ PJCKERJNG (Ill) Reports . 1. PICA 53/16 B. Bremmers 2057 Blue Ridge Crescent Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85: • to permit a minimum rear yard depth of 7.1 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a minimum east side yard width of 0.0 metres, whereas the by-law requires a minimum interior side yard width of 1.2 metres • to permit a maximum lot coverage of 41 percent, whereas the by-law permits a maximum lot coverage of 40 percent The applicant requests approval of these variances in order to obtain a building permit to construct a single-storey addition in the rear yard. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending refusal. The Principal Planner- Strategic Initiatives also outlined if the applicant were to amend the application to allow an east side yard width of 0.6 metres, staff recommendation would be approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were also received from the residents at 1510 Bentley Lane in objection to the application, expressing concerns with the obstruction of view, noise pollution and a decrease in property value. Bart Bremmers, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Bart Bremmers stated there are other properties in the surrounding neighbourhood that have 0.0 metre setbacks to the property line. He stated by amending the east side yard width to 0.6 metres would not, in his opinion, have any benefit for maintenance, lot grading and drainage. Bart Bremmers stated the 0.0 metre setback is preferred, however, he would amend the application to 0.6 metres in order to receive an approval. In response to a question from a Committee Member, the Principal Planner-Strategic Initiatives provided the intent of the minimum side yard width within the Zoning By-law. Page 2 of 12 -C~o~­ PJCKERJNG Moved by Sean Wiley Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room That application PICA 53116 by B. Bremmers, be Approved on the grounds that the minimum rear yard depth of 7.1 metres, a minimum east side yard width of 0.6 metres, and a maximum lot coverage of 41 percent 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 the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. 2. PICA 01117 M. Amire 661 Pleasant Street Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended, to permit uncovered steps and a platform (deck) not exceeding 1.2 metres in height above grade to project a maximum of 1.8 metres into the required rear yard, whereas the by-law does not permit uncovered steps or platforms to project into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct a deck in the rear yard. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Peter Jaruczik, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Tom Copeland Seconded by Eric Newton That application PICA 01117 by M. Amire, be Approved on the grounds that the uncovered steps and a platform (deck) not exceeding 1.2 metres in height above grade projecting a maximum of 1.8 metres into the required rear yard 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: Page 3 of 12 -C~o~­ PJCKERJNG Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room 1. That this variance apply only to the proposed uncovered steps and platform (deck), as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Carried Unanimously 3. PICA 02117 P. & L. Gonsalves 970 Rambleberry Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998185 to recognize an existing second-storey uncovered balcony and associated steps not exceeding 2.5 metres in height above grade to project 4.5 metres into the required rear yard and to permit a platform (deck) not exceeding 0.8 of a metre in height of above grade to project a maximum of 6.1 metres into the required rear yard, whereas the by-law permits, uncovered steps or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required rear yard. The applicant requests approval of these variances in order to permit a second-storey uncovered balcony in the rear yard, and obtain a building permit for a deck in the rear yard. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending refusal for the proposed platform (deck) and recommending approval for the existing second-storey balcony and associated steps subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Peter Gonsalves, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Peter Gonsalves stated a gabion wall was installed by the builder approximately six feet away from the property line. He also provided pictures for the Committee Members to review and stated the deck will allow better use of the rear yard. In response to a question from a Committee Member, Peter Gonsalves stated the deck extends further into the rear yard beyond the gabion wall. Moved by Tom Copeland Seconded by Eric Newton That application PICA 02117 by P. & L. Gonsalves, be Deferred to the next Committee of Adjustment meeting to allow the Committee Members to visit the subject property. Carried Unanimously Page 4 of 12 -C~of­ PJCKERJNG 4. PICA 03117 Ansar Medical Services Inc. 2177 & 2185 Brock Road Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 7124111, to permit balconies to project a maximum of 1 .5 metres beyond the south and west limits of the building envelope as illustrated on Schedule II to By-law 7124111; whereas the by-law requires that all buildings and structures be located entirely within the building envelope as illustrated on Schedule II to By-law 7124111. The applicant requests approval of this variance in order to obtain Site Plan Approval for a 5-storey mixed-use building, including ground floor commercial uses and 48 residential units. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from the City's Site Plan Committee expressing no objections to the application. Written comments were also received from Toronto and Region Conservation Authority expressing no objections to the application. Mohammed Jalaluddin, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Mohammed Jalaluddin agrees with staff recommendations. In response to a question from a Committee Member, Mohammed Jalaluddin stated the balconies are for residential units and will be fully functional. Moved by Eric Newton Seconded by Tom Copeland · That application PICA 03117 by Ansar Medical Services Inc., be Approved on the grounds that the balconies projecting a maximum of 1.5 metres beyond the south and west limits of the building envelope as illustrated on Schedule II to By-law 7124111, 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 this variance apply only to the proposed building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Carried Unanimously Page 5 of 12 -Cr0of- PJCKERJNG 5. PICA 04117 S. & M. Shipton 3305 Eighth Concession Road Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-lavit 6577105: • to permit an agricultural-related machine shop use accessory to an agricultural operation; whereas the by-law does not permit an agricultural-related machine shop • to recognize a minimum lot frontage of 142.7 metres; whereas the by-law requires a minimum lot frontage of 150 metres The applicant requests approval of these variances in order to permit an existing agricultural-related machine shop for the repair of agricultural equipment and agricultural related vehicles. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were also received from Central Lake Ontario Conservation Authority (CLOCA) indicating no objections to the requested variance, the lands are subject to Ontario Regulation 42106, and written permission from the Authority is required prior to any new development on the site. Stephen Shipton, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Stephen Shipton agrees with staff recommendations. In response to questions from Committee Members, Stephen Shipton stated the machine shop is to repair equipment for local farmers and has been operating since 2010. Moved by Sean Wiley Seconded by Tom Copeland That application PICA 04117 by S. & M. Shipton, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the lands, 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 only one agricultural-related machine shop accessory to an agricultural operation shall be permitted within a wholly enclosed building having a total gross floor area of 190 square metres. Carried Unanimously Page 6 of 12 -C~o~­ PJCKERJNG 6. PICA 05117 R. Moore & B. Silver 860 Vicki Drive Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 2520, as amended, to permit uncovered steps and a platform (deck) not exceeding 0.7 metres in height above grade to project a maximum of 3.3 metres into the required rear yard; whereas the by-law does not permit uncovered steps or platforms to project into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct a deck in the rear yard. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Randy Moore, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. A Committee Member provided clarification to the applicant on the maximum projection of 3.3 metres into the required rear yard even though the deck will be 3.6 metres. Moved by Tom Copeland Seconded by Eric Newton That application PICA 05117 by R. Moore & B. Silver, be Approved on the grounds that the uncovered steps and a platform (deck) not exceeding 0.7 metres in height above grade projecting a maximum of 3.3 metres into the required rear yard, 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 this variance apply only to the proposed uncovered steps and platform (deck), as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Carried Unanimously Page 7 of 12 -C~o~­ PJCKERJNG 7. PICA 07117 C. Rudderham & K. Sutherland 937 Duncannon Drive Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 2917188, to permit uncovered steps and a platform (deck) not exceeding 2.6 metres in height above grade to project a maximum of 2.7 metres into the required rear yard; whereas the by-law permits uncovered steps and platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct a deck in the rear yard. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Cory Rudderham and Karen Sutherland, applicants, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Sean Wiley That application PICA 07117 by C. Rudderham & K. Sutherland, be Approved on the grounds that the uncovered steps and a platform (deck) not exceeding 2.6 metres in height above grade projecting a maximum of 2.7 metres into the required rear yard, to be 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 this variance apply only to the proposed uncovered steps and platform (deck), as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Carried Unanimously Page 8 of 12 -Cfit;of- PJCKERJNG 8. PICA 06117, PICA 08117, and PICA 09117 Pickering Developments (Squires) Inc. 17 40 Fairport Road Proposed Lots 1, 2 & 3 Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended: • to permit a minimum lot frontage of 15.0 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum side yard width of 1.5 metres, whereas the by-law requires a minimum side yard width of 1.8 metres • to permit a maximum lot coverage of 35 percent, whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to facilitate the creation of two additional lots through the Region of Durham's Land Division Committee, and obtain building permits for the construction of three single detached dwellings. The Principal Planner-Strategic Initiatives advised the Committee Members and the public that the applicant has withdrawn Minor Variance Application PICA 10117 and that a revised staff recommendation report was provided to the Committee Members prior to the meeting for their review. The Principal Planner-Strategic Initiatives then outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department indicating the applicant is to provide a preliminary grading plan that shows this development can be constructed without adversely affecting adjacent properties as well as demonstrate that grading for proposed Lot 4 will not have any impacts on proposed Lots 1 to 3. The applicant will need to demonstrate that gravity connection for both sanitary and storm services can be provided from Fairport Road. The Engineering Services Department also indicated the following Stormwater Management criteria would need to be met for any redevelopment of the property; provide enhanced level of quality control (80% TSS); retain a rainfall depth of 5mm across all impervious surfaces on-site and control post-development flows to pre-development levels for all storms from 2 year up to and including 100 year event. Correspondence received from Edyta Dhillon of 17 46 Fairport Road expressed several concerns such as an increase in lot coverage from 33% to 35%; reduced side yard width from 1.8 metres to 1.5 metres due to drainage, privacy and vegetation disturbance; to reduce the lot frontage from 18.0 metres to 4.5 metres for Lot 4 (PICA 1 0117), which would be 25% of the current lot frontage requirement, which is not true frontage of a property but a driveway to a lot that does not face Fairport Road. Page 9 of 12 -C~o~­ PJCKERJNG Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room Correspondence received from the residents of 17 48 Fairport Road expressed several concerns such as the requested variance does not reflect the current characteristics of Fairport Road, particularly Lot 4 to be accessed by a private driveway; Lot 4 (PICA 1 0117) would not enhance or be a part of the community, and questioned how emergency services would access the dwelling. Correspondence received from the residents of 1727, 1731 and 1725 Spruce Hill Road expressed several concerns such as the rear yard depth; loss of privacy; potential shadowing; impact on views; lot coverage not compatible with surrounding properties; Lot 4 (PICA 1 0117) would result in an increase in noise level, which will affect the enjoyment of property; and the loss of mature trees. Thomas Melymuk, agent, was present to represent the application. Edyta Dhillon of 1746 Fairport Road, Penelope Lee of 1731 Spruce Hill and Aby Siva of 1727 Spruce Hill Road were present in objection to the applications. Thomas Melymuk stated that application PICA 10117 (proposed Lot 4) has been withdrawn and there will only be three lots fronting Fairport Road instead of four. In response to a question from a Committee Member, Thomas Melymuk stated the applicant may distribute the 4.5 metres lot frontage from the withdrawn application to the other three lots, making lot frontages of approximately 16.6 metres. Edyta Dhillon expressed a concern with the loss of mature trees, loss of privacy and drainage. Edyta Dhillon also spoke to the correspondence that was previously submitted in opposition to the application. Penelope Lee and Aby Siva both stated since the application for the proposed Lot 4 (PICA 1 0117) has been withdrawn there are no further concerns. Moved by Sean Wiley Seconded by Eric Newton That application PICA 06117 by Pickering Developments (Squires) 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 the Zoning By-law, subject to the following conditions: 1. That the applicant obtains final clearance for future land severance applications by January 25, 2018, or this decision shall become null and void. 2. That the applicant obtain a building permit for the proposed dwellings by January 25, 2019, or this decision shall become null and void. Page 10 of 12 -Cfit;of- PJCKERJNG Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room That application PICA 08117 by Pickering Developments (Squires) 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 the Zoning By-law, subject to the following conditions: 1. That the applicant obtains final clearance for future land severance applications by January 25, 2018, or this decision shall become null and void. 2. That the applicant obtain a building permit for the proposed dwellings by January 25, 2019, or this decision shall become null and void. That application PICA 09117 by Pickering Developments (Squires) 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 the Zoning By-law, subject to the following conditions: 1. That the applicant obtains final clearance for future land severance applications by January 25, 2018, or this decision shall become null and void. 2. That the applicant obtain a building permit for the proposed dwellings by January 25, 2019, or this decision shall become null and void. (IV) Appointment of Secretary-Treasurer Moved by David Johnson Seconded by Eric Newton Carried Unanimously That Ross Pym be appointed as Secretary-Treasurer. Carried Unanimously Page 11 of 12