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HomeMy WebLinkAboutSeptember 11, 2019DICKERING Gil, Committee of Adjustment Meeting Minutes Wednesday, September 11, 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 Absent Denise Rundle 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Tom Copeland Seconded by Eric Newton That the revised agenda for the Wednesday, September 11, 2019 meeting be adopted. Carried Unanimously Adoption of Minutes Moved by Eric Newton Seconded by Tom Copland That the minutes of the 8th meeting of the Committee of Adjustment held Wednesday, August 14, 2019 be adopted, as amended. Carried Unanimously David Johnson, Chair stated that he will abstain from voting on all applications heard for the Wednesday, September 11 2019 Committee of Adjustment meeting in order to prevent a tie vote. Page 1 of 15 DICKERING c4o Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 4. Reports 4.1 P/CA 47/19 R. & T. Skripka 1042 Longbow Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85 to permit a rear yard depth of 5.5 metres, whereas the by-law requires 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to construct a covered platform. 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 Building Services Section stating the structure has been constructed without the benefit of a building permit which is required for this structure. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. The applicant was not present to represent the application. No further representation was present in favour of or in objection to the application. Committee Members stated their interest in posing questions to the applicant, where Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application P/CA 47/19 by R. & T. Skripka, be Deferred to the next Committee of Adjustment meeting to allow for representation to be present. Carried The Committee Members agreed to have this item be reinstated after the applicant and agent arrived late to the meeting. Tatiana Skripka, applicant, and Alexian Dementre, agent, were 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, Alexian Dementre stated construction originally began to repair and improve the existing covered platform structure. Page 2 of 15 DICKERING Cdy 60/ Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers In response to questions from Committee Members, Tatiana Skripka stated she was unaware a building permit was required for the covered platform, and wishes to comply with all of the by-laws. Tatiana Skripka indicated there is no intention to enclose the structure or have it used as habitable space. Given that the application appears to meet the four tests of the Planning Act, and after consideration of the City Development Department's Recommendation Report, as well as reviewing the responses provided by the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Sean Wiley That application P/CA 47/19 by R. & T. Skripka, be Approved on the grounds that the 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 covered platform, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 3 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by September 11, 2020, or this decision shall become null and void. Carried 4.2 P/CA 48/19 L. Martinez & L. Pittman 1315 Anton Square The applicant requests relief from Zoning By-law 3036, as amended by By-law 2261/86 to permit: • a minimum rear yard depth of 6.4 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres; • a maximum lot coverage of 45 percent, whereas the by-law requires a maximum lot coverage of 40 percent; and • to permit accessory structures setback a minimum of 0.4 of a metre from all lot lines, whereas the by-law requires accessory structures must be set back a minimum of 0.6 of a metre from all lot lines. Page 3 of 15 PJCKERJNG cd, Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers The applicant requests approval of these variances in order to obtain a building permit for a sunroom and recognize an existing shed. 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 Building Services Section stating the structure has been constructed without the benefit of a building permit, which is required for this structure. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Lewis Pittman, 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 raised by a Committee Member, Lewis Pittman stated he was responsible for constructing the deck, replacing the previous deck with a two foot extension and has no plans for heating or plumbing installation. After consideration of the City Development Department's Recommendation Report, the responses provided by the applicant, and having no objections to the application, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 48/19 by L. Martinez & L. Pittman, 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 these variances apply only to the sunroom and shed, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 3 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant obtain a building permit for the sunroom by September 10, 2021, or this decision shall become null and void. Carried Page 4 of 15 CGS o� DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 4.3 P/CA 49/19 Pickering Developments (401) Inc. North West Corner of Bayly Street & Church Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7404/15 to permit: • a minimum 0.7 parking space per gaming position parking rate for gaming establishment/casino, whereas the by-law requires a minimum parking rate for gaming establishment/casino of 1.0 space per gaming position; • a minimum 0.8 parking space per guest room for hotel; plus 10.0 spaces per 100 square metres of non-residential gross floor area used for public use including meeting rooms, conference rooms, recreational facilities, dining and lounge areas and other commercial facilities, but excluding bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairways and recreational facilities directly related to the function of the overnight accommodation, whereas the by-law requires a minimum parking rate for hotel of 1.0 space per guest room; plus 10.0 spaces per 100 square metres of non-residential gross floor area used for public use including meeting rooms, conference rooms, recreational facilities, dining and lounge areas and other commercial facilities, but excluding bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairways and recreational facilities directly related to the function of the overnight accommodation; and ® a minimum 0.7 parking space per 100 square metres of gross floor area for film studio, whereas the by-law requires a minimum parking rate for all other uses of 4.0 spaces per 100 square metres of gross leasable floor area. The applicant requests approval of these variances in order to vary the parking rate for gaming establishment/casino, hotel and film studio within By-law 7404/15. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval. Written comments were received from the Toronto and Region Conservation Authority stating no comments on the application. Written comments were received from the City's Building Services Section stating no comments on the application. Written comments were also, received from the City's Engineering Services Department expressing no comments on the application. Page 5 of 15 cty .� DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Don Given, agent, and Tim Arnott, BA Consulting Group Ltd., were 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, Don Given and Tim Arnott stated the multi-level parking structure is to be located at the north-west corner of the subject site off Church Street and Squires Beach Road. An extensive study was conducted by BA Consulting Group Ltd., which further justifies the reduced number of parking spaces, rationalized in comparison to various casinos in the area, GTA and United States. Some locations do exceed the 0.7 parking spaces per gaming position rate, however that should be taken in context of nearby amenities, occupancy and demand; where 0.7 is the prevailing rate. The proposed parking rates are suitable for 3,300 and 3,700 gaming positions, when the H-2 Holding provision is lifted and after the completion of necessary road and traffic improvements. Additional land is available to construct additional parking structures if required. After consideration of the City Development Department's Recommendation Report, and the responses provided by the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application P/CA 49/19 by Pickering Developments (401) 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. Carried 4.4 P/CA 50/19 1020 Brock Road South Inc. 1020 Brock Road The applicant requests relief from Zoning By-law 2511, as amended, to expand the list of permitted uses on the subject property to include a Place of Amusement (virtual reality entertainment centre) whereas the by-law does not list Place of Amusement as a permitted use. The applicant requests approval of this variance in order to permit a Place of Amusement use at the subject property. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Page 6 of 15 DICKERING Cdy Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Written comments were received from the City's Building Services Section stating interior alterations have taken place against the direction of Building Services. An Order to Comply has now been issued against the property as a result. Provisions for life safety (by way of Building Code and Fire Code) have not been confirmed as construction has taken place without inspections. Written comments were received from the City's Development Liaison stating this office supports this request. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Scott Turner, 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, Scott Turner advised the tenant has complied with the Stop Work Order. Interior alterations have begun with a contractor making cosmetic changes, including the removal of interior walls. After consideration of the City Development Department's Recommendation Report, and the responses provided by the applicant, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 50/19 by 1020 Brock Road South 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, subject to the following conditions: 1. That this variance apply only to the subject property to a maximum gross leasable floor area of 175 square metres, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 11, 2020, or this decision shall become null and void. Carried Page 7 of 15 DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 4.5 P/CA 51/19 M. Adham 198 Twyn Rivers Drive The applicant requests relief from Zoning By-law 3036, as amended, for the following provisions: • to permit the existing accessory structure (Accessory Building) which is not part of the main building to be located in the front and westerly side yards, whereas the by-law requires all accessory buildings which are not part of the main building be erected in the rear yard; • to permit human habitation in the existing accessory structure (Accessory Building), whereas the by-law does not permit human habilitation in an accessory structure; and • to permit an accessory dwelling unit in the existing accessory structure (Accessory Building) subordinate to a detached dwelling provided a) a total of three parking spaces are provided on the property where the accessory dwelling unit is located, b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres, and c) a home-based business is prohibited in either dwelling units on this lot; whereas the by-law permits an accessory dwelling unit within a detached dwelling or semi-detached dwelling only. The applicant requests approval of these variances in order to recognize an accessory dwelling unit in an accessory structure (Accessory Building). 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 Building Services Section stating alterations have taken place without a building permit. The garage is not to be inhabited until authorized by the City. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. The applicant was not present to represent the application. No further representation was present in favour of or in objection to the application. Committee Members stated their interest in posing questions to the applicant, where Eric Newton moved the following motion: Page 8 of 15 DICKERING 6,/ Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Moved by Eric Newton Seconded by Sean Wiley That application P/CA 51/19 by M. Adham, be Deferred to the next Committee of Adjustment meeting to allow for representation to be present and discussion to occur. Carried 4.6 P/CA 52/19 1262847 Ontario Limited 3260 3280 Highway 7 The applicant requests relief from Zoning By-law 3037, as amended by By-law 2623/87 to permit a pet supply retail and service establishment, whereas the by-law permits a vehicle sales or rental establishment. The applicant requests approval of this variance in order to permit a pet supply retail and service establishment. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments have not yet been received from the Ministry of Transportation regarding this application. Written comments were received from the Central Lakes Ontario Conservation Authority stating no comments on the application. Written comments were received from the City's. Building Services Section stating no comments on the application. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Written comments received from two area residents offering conditions of approval to the application were provided to the Committee members. The suggested conditions related to the requirement for a garbage/waste management protocol, and signage to ensure the private entrance to the neighbouring property is not impeded. David Grant, 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, David Grant stated the intent is to have permits applied for by October 1, 2019, and occupancy by December 2019. Vehicle parking is set at 30 parking spaces, having 2 reserved for accessible parking. Page 9 of 15 rty DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Signage installation will be installed as required to ensure the registered access easement is kept clear of parking. A private contractor will be used for waste collection. The use is intended as a wellness centre for animals, to include pet food sales and grooming services. It will not be used as a kennel with overnight stays. David Grant continued to state that he will reach out to neighbours to address the concerns noted. When asked by a Committee Member when the repainting of the parking area can be completed, David Grant indicated it is to be scheduled in the coming months. After consideration of the City Development Department's Recommendation Report, and the responses provided by the applicant, Eric Newton moved the following motion: Moved by Eric Newton Seconded by Tom Copeland That application P/CA 52/19 by 1262847 Ontario Limited, 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 existing commercial building, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant repaint the parking area to provide a minimum of 30 parking spaces which includes a minimum of 2 accessible parking spaces (1 Type A Space and 1 Type B Space), by the opening of the business or March 30, 2020, whichever is the earliest, or this decision shall become null and void. Carried 4.7 P/CA 53/19 W. Bouwman 968 Essa Crescent The applicant requests relief from Zoning By-law 2520, as amended, to permit a rear yard depth of 4.8 metres for an uncovered platform, whereas the by-law requires 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to facilitate the construction of an uncovered platform. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Page 10 of 15 DICKERING cdy Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Written comments were received from the City's Building Services Section stating the structure has been constructed beyond the scope of the existing building permit. An Order to Comply has been issued against the property. A building permit is required to reflect the new construction. Written. comments were also received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from 10 different area residents expressing objection to the application and provided to the Committee members. Andrew Palumbo of MHBC Planning Urban Design & Landscape Architecture, and George Kalamaris of Amari General Contracting were present to represent the application. Jagdish and Raji Shukla of Essa Crescent were present in opposition to the application. Edmund and Susan Reaney of Vistula Drive were present in opposition to the application. Richard and Rita Lepka of Essa Crescent were also present in opposition to the application. No further representation was present in favour of or in objection to the application. Andrew Palumbo spoke in support of the application in agreement with the City's recommendation of approval having met the four tests of the Planning Act. Andrew Palumbo distributed photographic surveys and Google Earth images of rear yards and decks (both covered and uncovered) of adjacent dwellings on the street. Jagdish Shukla spoke in opposition to the application stating the construction of the deck should have been taken into consideration and applied for during the construction of the house. The deck has a significant impact on privacy, and obstructs the view of the Shukla's home from their dining room and kitchen window. Jagdish Shukla advised the deck could in fact be constructed on the south side walkout dispite statements indicating it is not possible. Susan Reaney spoke in opposition to the application stating the deck projection does not appear to be minor. Susan Reaney indicated the design of the house indicates a deck is required and it should be constructed on other side of the dwelling by the walkway, where it would have no direct impact on adjacent neighbours. Richard Lepka spoke in opposition to the application reiterating previously stated comments about the deck not being in compliance with the existing by-laws, impeding neighbour's view of the bay, lacking privacy, and feasibility for relocation of the deck on the south side. Page 11 of 15 DICKERING c4o,/ Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers George Kalamaris of Amari General Contracting spoke in support of the application stating he was unaware a building permit would be required for the construction of a deck. George Kalamaris also stated his firm was responsible for the construction of the house and the location of the existing walkout is the justification for the positioning of the deck in the rear yard over the south side yard. Additionally, George Kalamaris stated the homeowners have no plans to sell the property in the near future. In response to a question from a Committee Member, Andrew Palumbo stated the applicant will look into installing a privacy screen as part of the deck railing that is impacting the neighbours to the north. After consideration of the City Development Department's Recommendation Report, the concerns noted by area residents and the responses provided by the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Sean Wiley That application P/CA 53/19 by W. Bouwman, 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 uncovered platform, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by September 11, 2020, or this decision shall become null and void. Carried Vote Tom Copeland in favour Sean Wiley in favour Eric Newton opposed Page 12 of 15 DICKERING C4 Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 4.8 P/CA 54/19 C. Delaney 3435 Audley Road The applicant requests relief from Zoning By-law 3037, as amended by By-law 6577/05 to permit an accessory structure (pool house) to be located in the side yard, whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard. The applicant requests approval of this variance in order to obtain a building permit for an accessory structure (pool house). The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the Central Lake Ontario Conservation Authority stating no objection to the requested application. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Christopher Delaney, applicant, was present to represent the application. Peng Liu. of Audley Road also was present to receive additional information on the application. No further representation was present in favour of or in objection to the application. Peng Liu advised he was in attendance of the meeting to raise concerns regarding loud music and noise from a neighbouring property. In response to questions from Committee Members, Christopher Delaney stated the pool house is not habitable and has not been constructed yet, there will be no heating and plumbing, it will be used as a change room and storage of pool equipment. Moved by Sean Wiley Seconded by Eric Newton That application P/CA 54/19 by C. Delaney, 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: Page 13 of 15 city DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 1. That this variance apply only to the accessory structure (pool house), as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by September 10, 2021, or this decision shall become null and void. Page 14 of 15 CJS PICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 5. Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 9th meeting of the 2019 Committee of Adjustment be adjourned at 8:37 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 9, 2019. Carried Unanimously Date OcV,ecR 1 n Assistant Secretary -Treasurer Page 15 of 15