HomeMy WebLinkAboutJanuary 8, 2020Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Samantha O'Brien, Assistant Secretary-Treasurer 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, January 8, 2020 7:00 pm Council Chambers That the agenda for the Wednesday, January 8, 2020 meeting be adopted. 3. Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday, December 11, 2020 be adopted as amended. Carried Unanimously Page 1 of 8
4. Reports 4.1 (Deferred from the December 11, 2019 Meeting) PICA 68/19 F. Daniel 129 Thicket Crescent Committee of Adjustment Meeting Minutes Wednesday, January 8, 2020 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93 to permit: • an accessory structure (shed) to be setback 0.4 of a metre from the side and rear lot lines, whereas the by-law requires a setback of 1.0 metres; • a partially covered platform and uncovered steps to project 2.86 metres into the required rear yard. The applicant requests approval of these variances in order to recognize an existing shed and existing covered platform and steps. 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 also received from the City's Building Services Section expressing no comments on-the application. Fane Daniels, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Fane Daniels spoke in support of the application stating an architect was hired to submit the necessary documents to the Building Services Section to obtain a building permit. The platform (deck) was constructed in August of 2018 and the accessory structure (shed) was erected in April 2019. In response to questions from Committee Members, Fane Daniels stated the reason for the change in variance from the December 11, 2019 agenda for the accessory structure (shed) to be setback 0.3 of a metre from the side and rear lot lines, to 0.4 of a metre was due to a measurement error. She continued to advise the Committee that the requested setback_ was sufficient to maintain the accessory structure (shed). Fane Daniels indicated the contractors hired were named "A & A Decks" who were completing other work in the neighbourhood. Page 2 of 8
-Cd:;of-p](KER]NG Committee of Adjustment Meeting Minutes · Wednesday, January 8, 2020 7:00 pm Council Chambers She was aware of the by-law regarding accessory structures in the rear yard not to exceed 100 square feet, however she was not aware of the setback requirements and those surrounding a platform (deck) and steps. She was concerned to discover the hired contractors were not privy to this information and did not contact the City to take the necessary action. The Chair requested that the City advise contractors of the need to comply with zoning requirements when constructing sheds and decks. In response to a question from a Committee Member, the Secretary-Treasurer stated the steps associated with the platform ( deck) are sufficiently setback from the rear lot lines. Given that the application appears to meet the four tests of the Planning Act, where the accessory structure (shed) does not encroach on adjacent properties, there is adequate buffer with mature vegetation, and the steps associated with the platform (deck) are suitable, Sean Willey moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That an accessory structure (shed) to be setback 0.4 of a metre from the side and rear lot lines, for PICA 68119 by F. Daniel, 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 accessory structure (shed), 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 January 8, 2020). 2. That the applicant obtain a building permit by January 8, 2021, or this decision shall become null and void. and That a partially covered platform and uncovered steps to project 2.86 metres into the required rear yard, for PICA 68119 by F. Daniel, 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 partially covered platform and uncovered steps, 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 January 8, 2020). 2. That the applicant obtain a building permit by January 8, 2021, or this decision shall become null and void. Carried Unanimously Page 3 of 8
-C1of-p](KER1NG 4.2 PICA 01120 Piret Holdings Inc. 1865 Clements Road Committee of Adjustment Meeting Minutes Wednesday, January 8, 2020 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended, to permit: • a minimum of 240 parking spaces, whereas the by-law requires a minimum of 1 space per 56 squares metres of gross floor area for manufacturing, warehousing, and research uses; • 100 percent of the total required parking to be located in the front yard, whereas the by-law permits a maximum of 20 percent of parking in the front yard. The applicant requests approval of these variances in order to reduce the minimum number of parking spaces required. The Secretary-Treasurer 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. Written comments were also received from the City's Building Services Section expressing no concerns with the application. Jesse Soyao, agent, 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, Jesse Soyao stated the reasons for the requested variances are to fence the rear parking area to facilitate the outdoor storage of products before transportation. The rear parking lot has remained unused as the majority of staff occupy the front parking lot, since it is closer to the main entrance of the building. Jesse Soyao went on to address there is no anticipation of additional employees. There are currently two shifts (mornings and afternoons). As well, there are approximately 240 parking spaces located in the front yard of the property and 76 parking spaces in the rear yard. In response to a question from a Committee Member, the Secretary-Treasurer spoke to the previous minor variance application PICA 60111 in relation to this new application. Given that the application appears to meet the four tests of the Planning Act, as documented and presented by the City Development Department, and after consideration of the comments made by the applicant, Sean Wiley moved the following motion: Page 4 of 8
Moved by Sean Wiley Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, January 8, 2020 7:00 pm Council Chambers That application PICA 01/20 by Piret Holdings 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 these variances apply only to the existing industrial use (Trench Limited/Siemens Canada Limited), 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 January 8, 2020). 2. That the applicant submit revised as built drawings to be added to the existing Site Plan file prior to January 8, 2021 or the decision shall be null and void. Carried Unanimously 4.3 PICA 03/20 9004807 Canada Inc. (Stonepay) Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547 The applicant requests relief from Zoning By-law 3037, as amended by By-law 7710/19, to permit air conditioning units in the front yard between the front wall of the building or a dwelling and a street. The applicant requests approval of this variance in order to obtain site plan approval for stacked townhouses with air conditioning units located between the front main wall of a building and a street. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to a condition. 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 the proposed location of the air conditioning units may present an issue with the required guard height at the time of permit issuance. The applicant is encouraged to contact Building Services for further discussion. Mike Pettigrew, agent with the Biglieri Group Ltd., was present to represent the application. No further representation was present in favour of or in objection to the application. Page 5 of 8
Committee of Adjustment Meeting Minutes Wednesday, January 8, 2020 7:00 pm Council Chambers In support of the application, Mike Pettigrew stated he has spoken to staff regarding a preferred change to the conditions of approval. The initial application submitted was only in reference to Blocks 1 & 2 of Phase 1, where the applicant would like the variance to be applied to all Phases of the development on the subject lands. In response to questions from Committee Members, Mike Pettigrew described the layout of the stacked townhouses and the location of the air conditioning units. He also stated the December 18, 2019 Notice that was circulated in the mail to residents within a 65 metre radius only described the variance as request for Blocks ·1 & 2 of Phase 1 and not the entire subject site. He did indicate the location of the sign was placed at the corner of the entire subject site that receives the largest traffic volume. Given the new information provided by the applicant at the meeting, and the details noted in the December 18, 2019 Notice to the Public; Denise Rundle moved that a new notice be recirculated to the public to include the variance requested by· the applicant to apply to all phases of the development and not just Phase 1. Moved by Denise Rundle Seconded by Tom Copeland That application PICA 03120 by 9004807 Canada Inc. (Stonepay), be Deferred to the next available meeting, February12, 2020, to allow staff to recirculate a revised Public Notice as it relates to the requested variance applying to all phases of the development. 4.4 PICA 04120 G. Slater 1305 Luna Court Carried Unanimously The applicant requests relief from Zoning By-law 2520, as amended by By-law 406176 to permit a rear yard setback of 6.6 metres, whereas the by-law requires 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for an existing 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 Engineering Services Department expressing no comments on the application. Written comments were received from the City's Building Services Section expressing no concerns with the application. Page 6 of 8
Committee of Adjustment Meeting Minutes Wednesday, January 8, 2020 7:00 pm Council Chambers Written comments were received from two property owners of Luna Court in support of the application. Neither the applicant nor an agent was present to represent the application. No further representation was presented in favour of or in objection to the application. Committee Members stated their interest in posing questions to the applicant, where Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application PICA 04/20 by G. Slater, be Deferred to the next Committee of Adjustment meeting to allow for representation to be present. Carried Unanimously Page 7 of 8
5. Adjournment Moved by Tom Copeland Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, January 8, 2020 7:00 pm Council Chambers That the 1st meeting of the 2020 Committee of Adjustment be adjourned at 7:20 pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 12, 2020. _Carried Unanimo~sly Date Chair Assistant Secretary-Treasurer Page 8 of 8