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HomeMy WebLinkAboutAugust 14, 2019DICKERING c4 Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers Present Tom Copeland — Vice -Chair David Johnson — Chair Eric Newton Sean Wiley Also Present Deborah Wylie, Secretary -Treasurer Samantha O'Brien, Assistant Secretary -Treasurer Tanjot Bal — Planner I Absent Denise Rundle 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the revised agenda for the Wednesday, August 14, 2019 meeting be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Eric Newton Seconded by Sean Wiley That the minutes of the 7th meeting of the Committee of Adjustment held Wednesday, July 10, 2019 be adopted, as amended. Carried Unanimously David Johnson, Chair stated that he will abstain from voting on all applications heard for the Wednesday, August 14, 2019 Committee of Adjustment meeting in order to prevent a tie vote. Page 1 of 9 DICKERING c4 Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers 4. Reports 4.1 P/CA 41/19 & P/CA 42/19 A. Asokkanth, M. Subramaniam & P. Santhiralingam 1981 Guild Road The applicant requests relief from Zoning By-law 3036, as amended: P/CA 41/19 (Proposed Part 1) • to permit minimum lot frontage of 15.5 metres, whereas the by-law requires 18.0 metres P/CA 42/19 (Proposed Part 2) • to permit minimum lot frontage of 15.5 metres, whereas the by-law requires 18.0 metres The applicant requests approval of these variances in order to create one additional lot through the Region of Durham Land Division Committee Application LD084/19. The Secretary -Treasurer 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 and the City's Building Services Section expressing no comments on the application. Sadasivarao Gadde, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Given that the application appears to meet the four tests of the Planning Act, and as presented and documented by the City Development Department's Recommendation Report, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That applications P/CA 41/19 & P/CA 42/19 by A. Asokkanth, M. Subramaniam & P. Santhiralingam, be Approved on the grounds that the minimum lot frontages of 15.5 metres 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 final clearance for Land Division Application LD 084/19 by August 13, 2021, or this decision shall become null and void. Carried Unanimously Page2of9 Cts �h DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers 4.2 P/CA 43/19 R. Sreedhar & S. Nair 1968 Calvington Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 6585/05, to permit an accessory dwelling unit within a townhouse dwelling, whereas the by-law states in any zone that permits a detached dwelling or semi-detached dwelling, an accessory dwelling unit is permitted within the detached dwelling or semi-detached dwelling. The applicant requests approval of this variance in order to obtain a permit for an accessory dwelling unit in the basement of a townhouse. The Secretary -Treasurer 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 Building Services Section stating Building permit application #19-103083 (construction to create an accessory dwelling unit with walkout) has been submitted for review and is awaiting zoning approval. Written comments were submitted by a resident of Calvington Drive in opposition to the application. Building Services also provided the Committee a written response to the comments related to the Ontario Building Code submitted in opposition to the application. Roshan Sreedhar, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Roshan Sreedhar stated that he is aware of the neighbour's concerns and has made efforts to address the matters. There is one smoke detector and carbon monoxide detector in each level, there are available parking spaces in the driveway with additional parking in the garage. In response to questions from Committee Members, Roshan Sreedhar stated there will not be a home-based business operating from the dwelling and the garage will be used solely for parking and not for storage of household items. The minor variance application has been submitted for the purpose of renting, where both units may be rental properties in the future. Roshan Sreedhar also indicated the entrance to the accessory dwelling unit is separate from the main entrance of the primary dwelling, located at the rear and side. The Building Services comments in response to the neighbour's concerns have also been circulated to all parties involved. Page 3 of 9 DICKERING c4 Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers A Committee Member stated the need for the municipality to review and update zoning by-laws regarding townhouses and accessory dwelling units, and cautioned the applicant about property maintenance. Moved by Eric Newton Seconded by Tom Copeland That application P/CA 43/19 by R. Sreedhar & S. Nair, 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: 1. That this variance apply only to the proposed accessory dwelling unit within the townhouse, 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 August 14, 2019). 2. That the applicant obtain a permit for the accessory dwelling unit by August 13, 2021, or this decision shall become null and void. Carried Unanimously 4.3 P/CA 44/19 R. & S. Bianchet 675 Pleasant Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18 to permit an uncovered platform (deck) not exceeding 0.8 of a metre in height above grade to project a maximum of 1.5 metres into the required side yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project not more than 1.0 metre into any required side yard. The applicant requests approval of this application in order to obtain a building permit for an uncovered deck. The Secretary -Treasurer 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 stating the deck framing and foundations are not to impede the neighboring property. The applicant should ensure adequate drainage is maintained below deck and alongside yard lot line. No alterations to grading are permitted. Written comments were also received from the City's Building Services Section stating information was received of a rear yard deck already constructed. A building permit application was submitted after being prompted by a Building Inspector. Page 4 of 9 C4 a� DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers Ron Bianchet, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Given that neighbouring properties are setback 6 metres from a dwelling, the application meets the four tests of the Planning Act and as presented and documented by the City Development Department, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 44/19 by R. & S. Bianchet, be Approved on the grounds that the application 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 deck, 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 August 14, 2019). 2. That the applicant obtain a building permit for the proposed construction by August 13, 2021, or this decision shall become null and void. Carried Unanimously 4.4 P/CA 45/19 P. Premathas 1442 Old Forest Road The applicant requests relief from Zoning By-law 3036, as amended to permit a rear yard depth of 5.2 metres, whereas the by-law requires 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to recognize an existing non -conforming deck. The Secretary -Treasurer 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 stating the applicant should ensure the proposed deck does not adversely affect existing drainage patterns. No alterations to grading is permitted. Written comments were also received from the City's Building Services Section stating information was received in 2018 of a rear yard deck being constructed. It was determined that a building permit had not been applied for nor issued. A building permit application was applied for after being prompted by a Building Inspector. Choice of building material has resulted in the delay of permit issuance as was not permitted by the Ontario Building Code. Page 5 of 9 DICKERING 0/, Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers Pratheeban Premathas, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Pratheeban Premathas stated it was assumed the previous owners received a building permit for the previously constructed deck. Pratheeban Premathas stated they were replacing wooden deck boards with composite wood, and was unaware they should obtain a building permit. In addition, the delay in building permit issuance was due to the owner's timing in receiving materials and the construction was completed approximately in August 2018. Given that the application appears to meet the four tests of the Planning Act as documented and stated by the City Development Department, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application P/CA 45/19 by P. Premathas, 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: 1. That this variance apply only to the deck, 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 August 14, 2019). 2. That the applicant obtain a building permit for the proposed construction by August 14, 2021, or this decision shall become null and void. Carried Unanimously 4.5 P/CA 46/19 Pickering Developments (401) Inc. North West Corner of Bayly Street and Church Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7404/15 to permit for Gaming Establishments/Casinos a 2 -way Trip Generation Rate of 0.30 per Gaming positions, whereas the by-law requires a 2 -way Trip Generation Rate of 0.48 per Gaming positions. The applicant requests approval of this variance in order to comply with the by-law requirement for trip generation rate for Gaming Establishment/Casino to allow for the appropriate rate of development for the subject lands. Page 6 of 9 C4 a�f DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers The Secretary -Treasurer outlined the staff recommendation from City Development recommending approval subject to no conditions. Written comments were received from the City's Engineering Services Department stating no objection with the proposed reduced Trip Generation Rate of 0.30 per Gaming Positions. Written comments were received from the City's Building Services Section indicating no comments on the application. Written comments were received from the Regional Municipality of Durham stating the Planning and Economic Development Department does not object to the approval of this minor variance application subject to the applicant providing an undertaking to the satisfaction of the Region within 60 days of the approval of the minor variance application. The undertaking is to address various matters including the provision of a peer reviewed Transportation Monitoring Study, trip generation rates used in lifting of Holding (H) provisions, implementation of transportation demand management measures and implementation of off-site transportation improvements (see Region of Durham comment letter, Attachment #1 contained in the staff Report to the Committee of Adjustment dated August 14, 2019). Written comments were also received from the Toronto and Region Conservation Authority stating no objections and no permit is required. Tom Melymuk and Don Given, agents; Steve Apostalopoulos, applicant and Ira Kagen and Tim Arnott were present to represent the application. Stephen Shepherd of Keeble Crescent, Ajax was present for clarification of the term trip generation rate. No further representation was present in favour of or in objection to the application. Tom Melymuk noted a correction in two instances on page 2 of the covering letter for the minor variance application where all reference should be to Zoning By-law 7404/15. It was outlined that the site can only develop up to a certain level then the next Holding (H-2) symbol has to be lifted. The requested Trip Generation Rate of 0.30 per Gaming Positions would allow other uses when the Holding (H-2) symbol is lifted later this year. In response to questions from Committee Members, the applicant's representatives stated the following: • The film studios (next phase) would not be allowed under H-2 if a trip rate of 0.30 is not approved. • Durham Region had supported a rate of 0.30 at the OMB hearing for Ajax Downs. • The trip rate for Fallsview Casino is Tess than 0.30 due to its urban location. • Bus trips are considered in the trip generation rates. • It is assumed that 1,000 gaming positions are to open on Day 1. • A trip rate of 0.30 will open up 2,100 to 2,200 gaming positions but Holding (H-2) symbol needs to be lifted to support the full casino, hotel, arena (performance venue) and film studios. • Presently a 'box' is being constructed to accommodate the full casino and the By-law controls the number of gaming positions based on a trip generation rate. Page 7 of 9 Cts PICKERING Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers • Shuttle buses from both the Ajax and Pickering GO stations are being considered. • The applicant supports the recommendation of City staff without the Region's conditions. • The Region's conditions are inappropriate as By-law 7404/15 requires that the Region be satisfied before the City lifts the Holding (H-2 and H-3) symbols. • Trip generation rates drop as casinos get larger. • The Region's conditions change the nature of By-law 7404/15 by allowing whatever rate resulting from the Transportation Monitoring Study to be the rate applied in the future notwithstanding if the Committee approves a rate of 0.30. • The timelines in the Region's conditions cannot be met which will delay the film studios and other phases. • The Region requested a commitment letter that an undertaking will be executed, and the applicant expected City staff to be emailed by the Region before the meeting regarding the applicant's response. • A letter of credit for the improvements to four intersections was provided to the Region at the lifting of the Holding (H-1) symbol, detailed design drawings are underway. The Secretary -Treasurer advised Committee Members that the Region's conditions can be secured through lifting of the Holding symbols, site plan applications and site plan agreements. Both the City and the Region have to be satisfied at each stage of lifting the Holding symbols. Given the application appears to meet the four tests of the Planning Act, and based on the information provided by the City Development Department and the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Sean Wiley That application P/CA 46/19 by Pickering Developments (401) 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 the Zoning By-law. Carried Unanimously Page 8 of 9 Clay o� DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers 5. Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 8th meeting of the 2019 Committee of Adjustment be adjourned at 8:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 11, 2019. Carried Unanimously Date 1 Assistant Secretary- surer Page 9 of 9