HomeMy WebLinkAboutAugust 12, 2020c� o�
DICKERING
Pr¢s¢nt
Tom Copeland —Vice -Chair
David Johnson —Chair
Eric Newton
Denise Rundle
Sean Wily
Also Present
Deborah Wylie, Secretary -Treasurer
Samantha O'Brien, Assistant Secretary -Treasurer
Tanjot Bal, Planner II
Isabel Lima. Planner I
Committee of Adjustment
Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
Due to minor technical difficulties, the Chair was only able to join the meeting through visual
connection, thereby instructing the Vice -Chair to commence the meeting and moderate the first
application.
1. Disclosure of Interest
No disclosures of interest were noted.
2. Adoption of Agenda
Moved by Eric Newton
Seconded by Denise Rundle
That the agentla for the Wednesday, August 12, 2020 meeting be adopted.
Carried
3. Adoption of Minutes
Moved by Eric Newton
Seconded by Denise Rundle
That the minutes of the 5th meeting of the Committee of Atljustment held
Wednesday, July 8, 2020 be adopted.
Carried
Page 1 of 17
c� ��
f�1CKERING
4. Reports
4.1 P/CA 35/20
L Kraljevic
7472 Hichbush Trait
Committee of Adjustment
Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
The applicant requests relief from Zoning By-law 3036, as amended, to permit:
• a maximum lot coverage of 41.5 percent, whereas the By-law permits a maximum lot
coverage of 33 percent;
• a covered plafform (dacK) not exceeding 2.4 metres in height above grade, whereas
the By-law requires uncovered steps and platforms not exceeding 1.0 metre in
height above grade and not projecting more than 1.5 metres into any required front
or rear yard and not more than O.5 metres into any required side yard.
The applicant requests approval of these variances in order to obtain a building permit
for a detached dwelling.
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 Building Services Section expressing
no concerns with the application.
Written comments were received from the City's Engineering Services Department
expressing the need to ensure additional percentage of lot coverage does not adversely
affect the drainage patterns within the lot. Consideration for rain harvesting or other LID
measures should ba made if increasing the imperviousness of the lot surface. This will
need to ba considered and shown on the plans at the Building Permit stage.
Written comments were received from the Toronto and Region Conservation Authority
(TRCA) indicating the subject site is regulated by TRCA with respect to the slope
feature associated with the Petticoat Creek Ravine located at the rear of the subject
property (west). As part of review of an associated severance application, TRCA verified
that the proposed new dwelling would be adequately setback from the ravine corridor.
TRCA staff have no objections to the proposal in principle and support the requested
variances.
TRCA staff received an Ontario Regulation '166/06 Parm it Application on March 6, 2020
to facilitate the construction of a detached dwelling. Tha drawings circulated to TRCA as
part of this minor variance application era consistent with the plans received with the
TRCA permit application (CFN 62979).
Page 2 of 17
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f�1CKERING
4.2
Committee of Adjustment
Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
Luka Kraljevic, 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 a Committee Member, Luka Kra ljevic stated
acknowledgement of the City's Engineering Services concerns that are required to be
addressed at the Building Permit stage. Additionally, Luka Kraljevic noted drainage is
intended to ba directed towards the ravine at the rear of both properties.
After consideration of the City Development Department's Report, reviewing the
comments from the City's Engineering Services, approval from the TRCA, and the
application appearing to meet the four tests of the P/anning Act, Sean Wiley moved the
following motion:
Moved by Sean Wiley
Seconded by Denise Rundle
That application P/CA 35/20 by L. Kraljevic, 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 condition:
1 . That these variances apply only to the proposed detached dwelling, as generally
sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4
contained in the staff report to the Committee of Adjustment dated August 12, 2020).
Carried
The Chair was able to reconnect to the meeting both auditory and visually and was able
to moderate the remainder of the meeting, thanking the Committee for their extra
assistance and apologizing for the technical difficulty.
P/CA 36/20
M. & M. Bo:
Trail
The applicant requests relief from Zoning By-law 3036, as amended, to permit:
• a minimum north side yard of 1.45 metres and a minimum south side yard of
1 .2 metres, whereas the By-law states where a garage is erected as part of a
detached dwelling, the minimum required side yard shall be 1.5 metres;
• a maximum lot coverage of 41.5 percent, whereas the By-law permits a maximum lot
coverage of 33 percent;
• a covered platform (deck) not exceeding 2.4 metres in height above grade, whereas
the By-law requires uncovered steps and platforms not exceeding 1.0 metre in height
above grade and not projecting more than 1.5 metras into any required front or rear
yard and not more than 0.5 metres into any required side yard.
Page 3 of 17
-" o p� Committee of Adjustment
I�ICKERI NG Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
The applicant requests approval of these variances in order to obtain a building permit
for a detached dwelling.
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 Building Services Section expressing
no concerns with the application.
Written comments were received from the City's Engineering Services Department
expressing the need to ensure additional percentage of lot coverage does not adversely
affect the drainage patterns within the lot. Consideration for rain harvesting or other LID
measures should be made if increasing the imperviousness of the lot surtace. This will
need to be considered and shown on the plans at the Building Permit stage.
Written comments were received from the Toronto and Region Conservation Authority
(TRCA) indicating the subject site is regulated by TRCA with respect to the slope
feature associated with the Petticoat Creek Ravine located at the rear of the subject
property (west). As part of a review of an associated severance application, TRCA
verified that the proposed new dwelling would be adequately setback from the ravine
corridor. TRCA staff have no objections to the proposal in principle and support the
requested variances.
TRCA staff received.an Ontario Regulation 166/06 Permit Application on March 6, 2020
to facilitate the construction of a detached dwelling. The drawings circulated to TRCA as
part of this minor variance application are consistent with the plans received with the
TRCA permit application (CFN 62980).
Josip Bosnjak, representing the applicant, and Luka Kraljevic, 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, Josip Bosnjak sated his
acknowledgment of the City's Engineering Services concerns that are required to be
addressed at the Building Parm it stage and is willing to worK with staff to have it
rectified.
After hearing the comments from the applicant regarding Engineering Service's
concerns to be addressed at the Building Permit stage, the support received from the
TRCA and the application appearing to meet the four tests of the P/arming Act, as
documented and noted by the City Development Department, Sean Wiley moved the
following motion:
Page 4 of 17
-/,,, o� Committee of Adjustment
P1CKE R1 NG Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 36/20 by M. 8� M. Bosnjak, 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 condition:
1. That these variances apply only to the proposed detached dwelling, as generally
sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4
contained in the staff report to the Committee of Adjustment dated August 12, 2020).
Carried Unanimously
4.3 P/CA 37/20
C. Malvankar & S. Tomer
938 Wingarden Crescent
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4873/96,
to permit a covered platform (deck) not projecting more than 2.9 metres into the
required rear yard, whereas the By-law permits uncovered steps and platforms not
exceeding 1 .O metre in height above grade and not projecting more than 1 .5 metres into
any required front or rear yard and not more than 0.6 metres into any required side
yard.
The applicant requests approval of this variance in order to obtain a building permit for a
covered deck.
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 Building Services Section expressing
no concerns with the application.
Written comments were received from the City's Engineering Services Department
expressing no comments on the application.
Chandan Malvankar, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
After reviewing the application it appears to meet the four fasts of the P/arming Act,
Eric Newton moved the following motion:
Page 5 of 17
/;•f„ o� Committee of Adjustment
I' 1 C K E4 R 1 N G Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
Moved by Eric Newton
Seconded by Tom Copeland
That application P/CA 37/20 by C. Malvankar & S. Tomer, 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 condition:
1. That this variance apply only to the proposed covered deck, as generally sited and
outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4 contained in
the staff report to the Committee of Adjustment dated August 12, 2020).
Carried Unanimously
4.4 P/CA 38/20
J. Flora
792 Eyer Drives
The applicant requests relief from Zoning By-law 2517, as amended by By-law 7610/18,
to permit a minimum lot frontage of 6.0 metres, whereas the By-law requires a minimum
lot frontage of 18.0 metres.
The applicant requests approval of this variance in order to obtain a building permit for a
detached dwelling.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending refusal.
Written comments were received from the City's Building Services Section expressing
no comments on the application.
Written comments were received from the City's Engineering Services Department
expressing they do not support the application due to the narrowness of the driveway.
Written comments were received from the Region of Durham Works Department
expressing no objections to the application.
Written comments were received from the Ministry of Transportation (MTO) expressing
no objections or comments and a MTO clearance is not required.
Written comments were received from Metolinx indicating the subject site is within
300 metres of Metrolinx's Kingston subdivision, which carries Lakeshore East GO Train
service. Matrolinx indicated no objections to the application.
Page 6 of 17
�� o� � Committee of Adjustment
PICKERI NG Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
The Owner shall provide confirmation to Metrolinx that a warning clause is inserted in all
development agreements, offers to purchase and agreements of Purchase and Sale or
Lease of each dwelling unit within 300 metres of the railway right-of-way:
CN Rail was circulated the Notice of Application and to date the City has not received
any comments in return.
Written comments were received from the owners of 789 Eyer Drive in objection to the
application.
Floyd Heath, agent, was present to represent the application. Erik Retr of Eyer Drive
was present to receive additional information on the application. No further
representation was present in favour of or in objection to the application.
Floyd Heath spoke in support of the application describing the history of the property,
outlining the application mei the four tests of the P/anning Act and that City staff advised
the property owners of the subject site to attempt to acquire land from the adjacent
church. Attempts to acquire land from the church were unsuccessful.
Erik Retz requested atlditional information and clarification regarding the interpretation
of the site plan as it pertains to the lot frontage and side yard setback requirements,
which City staff spoke to. Erik Retz also questioned if this application would create utility
servicing and drainage concerns.
In response to the questions raised by Erik Retz, Tanjot Bal, Planner II, advised the
applicant has been working with the Region of Durham to receive approval for sanitary
services and water connections where this will be evaluated more closely at the building
permit stage.
In response to questions raised by Committee Members, Floyd Heath advised the
applicant did not do a full due diligence review on the property prior to purchasing from
the City of Pickering and it is his belief that the property is legal non -conforming.
When asked by the Chair for further clarification on the history of the property and
interpretation pf the by-law regarding this, Tanjot Bal, Planner II advised that Floyd
Heath was referring the Section 6.2 of Zoning By-law 2511, where the provision applies
to lots that were created before By-law 2511 was in effect. Since By-law 2511 came into
effect in the 1960s, and this lot was created through a draft plan of subdivision in the
1970s, this lot is not considered legal non -conforming.
In response to a question from a Committee Member, Isabel Lima, Planner I advised
that the City's Engineering Services staff had concerns with the narrowness of the
driveway causing difficulty when entering and exiting the property.
Page 7 of 17
G'� o� Committee of Adjustment
P1CKE R1 NG Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
After reviewing the staff report, and considering matters such as driveway access and
safety, the impact on privacy of adjacent home owners, the proposed front yard setback
being almost SO percent more than the adjacent dwelling to the west, and the proposed
detached dwelling not appearing to have regard fior the existing neighbourhood
character along Eyer Drive, Tom Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Sean Wiley
That application P/CA 38/20 by J. Flora, be Refused as the requested variance to
permit a minimum lot frontage of 6.0 metres 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
4.5 P/CA 39/20
R. Keeler
The applicant requests relief from Zoning By-law 3036, as amended by By-law 6578/05,
to permit:
• a minimum lot frontage of '13.5 metres, whereas The By-law requires a minimum lot
frontage of 60 metres;
• a minimum rear yard setback of 3.0 metres; whereas the By-law requires a minimum
rear yard setback of 12.0 metres;
• a maximum lot coverage of 1 t percent, whereas the By-law permits a maximum lot
coverage of 1 O percent.
The applicant requests approval of these variances in order to obtain a building permit
for a detached dwelling.
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 expressing
no concerns with the application.
Written comments ware received from the City's Engineering Services Department
expressing no comments on the application.
Page 8 of 17
CC� o� Committee of Adjustment
PICKERI NG Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
Written comments were received from the Toronto antl Region Conservation Authority
(TRCA) expressing that the proposed replacement dwelling and ancillary structures are
adequately setback from the existing top of slope. TRCA has no objections to the
approval of this application. A TRCA Permit application has not been received for the
proposed replacement detached dwelling.
Written comments were received from the owner of 2505 Linwood Street in objection to
the application. -
Rebecca Keeler, applicant, was present to represent the application. Jane Long of
Finch Avenue was present in opposition to the application. Lisette L�veill� 8. Raymond
Cotnoir of Linwood Street ware present in objection to the application. No further
representation was present in favour of or in objection to the application.
Rebecca Keeler spoke in support of the application stating the process began after the
Finch Avenue sewer line was installed. Due to the old age of the existing dwelling, there
was fear that the foundation was cracked since the home has experienced flooding on
five separate occasions.
After discussion with City staff, it was determined that the best course of action was not
to restore the existing dwelling, but rather build a new dwelling while keeping with the
overall plan for future development in the area.
In response to drainage, tree preservation, natural vegetation and animal species
concerns raised by Jane Long and Lisette L�veill�, Tanjot Bal, Planner 1, advised that
grading and drainage would be evaluated more closely at the building permit stage.
Additionally, the application has bean circulated to TRCA where they do not have any
objections to the approval of this application. The subject site is adjacent to a natural
heritage system and does have significant woodlands for tree protection.
Jane Long believes the application is not in keeping with the existing homes along
Finch Avenue or Linwood Street and not in character basad on the orientation of the
dwelling and the length of the driveway.
Lisette LAveill� is concerned with potential damages incurred on her property from the
removal of the trees located near the property line where the roots have overgrown onto
her property.
In response to the concerns raised by Jane Long and Lisette L�veill�, Rebecca Keeler
stated, upon thorough review by City staff and TRCA there have been no issues raised
regarding underground septic lines or drainage issues. The pre -development process
triggered the arborist to recommend removal of the trees due to their age and health
which have the potential to fall and cause significant damage.
Page 9 of 17
Cif^ �� Committee of Adjustment
P 1 C K E R 1 N G Meeting Minutes
Wednesday, August 12, 2020
7.00 pm
Electronic Meeting
New trees will ba replanted and the property will be designed to foster a conducive
environment for the natural habitat and surrounding animal species. Furthermore,
Rebecca Keeler agreed that any damages incurred on neighbouring properties would
be repaired.
When asked by a Committee Member if the TRCA permit may alleviate some concerns
raised by neighbours, Tanjot Bal, Planner 11, advised any drainage related concerns
would ba addressed at the building permit stage and TRCA permit stage.
Taking into consideration the questions and concerns from the neighbours and the
responses and dialogue from the applicant, the report from the City Development
Department, the '13.5 metres setback that appears to be aligned with other properties in
the neighbourhood and the application appearing to meet the four tests of the Planning
Act, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Denise Rundle
That application P/CA 39/20 by R. Keeler, 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 Ofricial Plan and the
Zoning By-law, subject to the following conditions:
1. That these variances apply only to the proposed detached dwelling, as generally
sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3, 4 & 5
contained in the staff report to the Committee of Adjustment dated August 12, 2020).
2. The applicant obtain a permit from the Toronto and Region Conservation Authority
for the proposed detached dwelling.
Carried Unanimously
4.6 P/CA 40/20
'1739592 Ontario Ltd.
905 Sandy Beach Road
Tha applicant requests relief from Zoning By-law 25'11, as amended, to permit:
front yard parking to be limited to 25 percent of the total required parking area,
whereas the By-law requires front yard parking to be limited to 20 percent of the total
required parking area;
side yard parking to be O.O metres from the south side lot line, whereas the By-law
permits side yard parking to be no closer than 7.5 metres from the side lot line on
one side and 1.5 metres on the other side.
Page t O of 17
o� Committee of Adjustment
f� 1 C K E R 1 N G Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
The applicant r®quests approval of these variances in order to facilitate the development
of amulti-tenant industrial building.
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 Building Services Section expressing
no concerns with the application.
Written comments were received from the City's Engineering Services Department
expressing no comments on the application.
Written comments were received from the Toronto and Region Conservation Authority
expressing no objections io the variances pertaining to parking.
Robyn Stebner and Michael Testaguzza, Planners with the Biglieri Group, and
Christian Hepfer, applicant, were present to represent the application. No further
representation was present in favour of or in objection to the application.
In support of the application, Robyn Stebner stated this application is part of a site plan
application currently with the City of Pickering. The purposed building is required to
have a 30 metra setback from the west property line to provide an appropriate setback
from the residential neighbourhood on the west side of Sandy Beach Road. A proposed
landscape buffer that is 1 O metres in width will significantly reduce visual impacts of the
purposed parking area. When the landscape buffer is subtracted from the required
30 metre setback to the building, 20 metres is left which has been filled with parking to
sufficiently make good use of the space, resulting in a minor increase of 5 percent.
Robyn Stebner went on to describe the second variance is to facilitate 3 parking spaces
at the rear south-east corner of the property to be located closer than 7.5 metres to the
side lot line. The majority of the parking that is located along the south side, meets the
7.5 metre requirement, and the purposetl 3 spaces in the rear south-east corner will not
be highly visible. Both requested variances are believed to ba minor in nature and the
recommendation report by City staff is supported by the Biglieri Group.
When asked by a Committee Member why the snow storage area was designed on the
north --east corner of the parking lot rather than the south-east corner to eliminate the
need for a variance, Robyn Stebner advised additional parking has been provided as a
proactive measure and this design was created to accommodate any potential floor plan
changes in the future. Snow storage is also located in the south-east corner, an area
along the north property line and a location south-west of the subject site.
Additionally, Michael Testaguzza further clarified that the hatching for the snow storage
on the submitted drawings are different on the north-east corner than the south-east
corner, however both locations are designed for snow storage.
Page 11 of 17
o� Committee of Adjustment
I�ICKERI NG Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
When asked by the Chair what provisions will be put in plata to accommodate traffic
and inconvenience during construction, especially with a residential area across from
the subject site and a senior's residence nearby, Christian Hepfer advised that the
entire site has been designed to be self-contained. Michael Testaguzza added that part
of the site plan process was to provide erosion and sediment control, where typical
measures and requirements from the city are to be implemented so that construction
should not spill onto the roadway.
After consideration of the City Development Department's Report, the responses heard
from the applicant and agents present, as well as the application appearing to meet the
four fasts of the P/arming Act, Tom Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Eric Newton
That application P/CA 40/20 by 1739592 Ontario Ltd., 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 condition:
1. That these variances apply only to the proposed industrial building, 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 12, 2020).
Carried Unanimously
4.7 P/CA 41/20
F, Molinaro
1771 Woodviaw Avenue
The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum
south side yard of 0.8 metres, whereas the By-law states where a garage is erected as
part of a detached dwelling, the minimum required side yard shall be 1.5 metres.
The applicant requests approval of this variance in order to recognize a deficient side
yard setback.
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 Building Services Section expressing
no concerns with the application.
Written comments were received from the City's Engineering Services Department
expressing no comments on the application.
Page 12 of 17
/;-f„ o� Committee of Adjustment
DICKERING Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
Written comments were received from Dave Comery, from IBW Surveyors, indicating an
error was made and the house was set in the wrong location. The south side yard
setback was supposed to be 1 .52 metres, how®ver it was laid out in the survey as
1.28 metres and 0.8 metres.
Grant Morris, agent, was present to represent the application. No further representation
was present in favour of or in objection to the application.
Grant Morris spoke in support of this application stating the purpose of the application
was to correct an error after construction that was determined to be the fault of the
surveyor.
This was discovered approximately two weeks ago and the surveyor has taken full
responsibility for the error which will be rectified financially.
In response to a question -from a Committee Member, the Secretary -Treasurer stated
the deficiency was discovered when the surveyor was preparing the as -built drawings,
which occurred after the foundation has been poured. The exact timeline of the
remaining construction remains unknown.
In response to a question posed by a Committee Member, Grant Morris advised the
dwelling to the south has already been constructed and is occupied by residents who
have no objections to this application.
Altar reviewing the staff report as documented and outlined by the City Development
Department, considering that the two dwellings are setback a minimum of 2 metres from
one another allowing for sufficient room for the structures to accommodate drainage
and maintenance, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Denise Rundle
That application P/CA 41/20 by F. Molinaro, 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 condition:
1 . That this variance apply only to the existing dwelling on the subject site, as generally
sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3, 4 8. 5
contained in the staff report to the Committee of Adjustment dated August 12, 2020).
Carried Unanimously
Page 13 of 17
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DICKERING
4.8 P/CA 42/20
P. Bakarovski
405 Frontier Court
Committee of Adjustment
Meeting Minutes
Wednesday, August 72, 2020
7:00 pm
Electronic Meeting
Tha applicant requests relief from Zoning By-law 2511, as amended by By-law 5688/00,
to permit a minimum rear yard setback of 5.7 metres for an uncovered deck, whereas
the By-law requires a minimum rear yard setback of 7.5 metres.
The applicant requests approval of this variance 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 a condition.
Written comments were received from the City's Building Services Section expressing
no concerns with the application.
Written comments were received from the City's Engineering Services Department
expressing no comments on the application.
Written comments were received from the Ministry of Transportation (MTO) express no
objections or comments and a MTO clearance is not required.
Philip Bakarovski applicant was present to represent the application. No further
representation was present in favour of or in objection to the application.
When questioned which level of the dwelling the upper level tlack is on,
Philip Bakarovski stated the dwelling is a raised bungalow where the upper level of the
deck projects directly out of the kitchen as a landing.
After reviewing the City Development Department's Recommendation Report, hearing
from the applicant, and the application appearing to meet the four tests of the
P/anning Act, Eric Newton moved the following motion:
Moved by Eric Newton
Seconded by Denise Rundle
That application P/CA 42/20 by P. Bakarovski, 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 condition:
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 tlated August 12, 2020).
Carried Unanimously
Pages 14 of 17
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DICKERING
4.9 P/CA 43/20
M. & L. Giampietri
976 Bralorne Trail
Committee of Adjustment
Meeting Minutes
Wednesday, August 92, 2020
7:00 pm
Electronic Meeting
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7537/97,
to permit an uncovered deck to encroach into the required rear yard a maximum of
2.4 metres, whereas the By-law permits a porch or uncovered deck to encroach into any
required rear yard to a maximum of 2.0 metres.
The applicant requests approval of this variance in order to obtain a building permit for
an uncovered deck.
Isabel Lima, Planner I, outlined the staff recommendation from the City Development
Department recommending approval subject to a condition.
Written comments were received from the City's Building Services Section expressing
no concerns with the application.
Written comments were received from the Gity's Engineering Services Department
expressing no comments on the application.
Written comments were received from the Toronto and Region Conservation Authority
(TRCA) confirming TRCA Permit will not be required.
Written comments were received from Parks Canada (landowner), expressing they
agree with the proposed Minor Variance, requesting that the applicant consider a
number of matters during construction.
Megan Giampietri applicant, and Cheryl Shindruk, agent, were present to represent the
application. No further representation was present in favour of or in objection to the
application.
Cheryl Shindruk spoke in support of the application stating the staff report has been
reviewed and they concur with the analysis and the recommendations provided by City
staff.
In response to a question from a Committee Member, Cheryl Shindruk advised they are
aware of comments provided by Parks Canada and that the applicant will have regard
for clauses 9 to 5 and support the implementation of clauses 6 and 7 during the building
permit stage.
After review of the staff Recommendation Report prepared by the City Development
Department, hearing the comments from the applicant, and the application appearing to
meet the four tests of the P/arming Act, Denise Rundle moved the following motion:
Pages 95 of 97
C -f ., o� Committee of Adjustment
P 1 C KE R1 N G Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
Moved by Denise Rundle
Seconded by Sean Wiley
That application P/CA 43/20 by M. & L. Giampiatri, 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 condition:
1. That this variance apply only to the proposed uncovered deck, as generally sited
and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the
staff report to the Committee of Adjustment dated August 12, 2020).
Carried Unanimously
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C-/,,, o� Committee of Adjustment
PICKERI NG Meeting Minutes
Wednesday, August 12, 2020
7:00 pm
Electronic Meeting
5. Adjournment
Moved by Eric Newton
Seconded by Tom Copeland
That the 6th meeting of the 2020 Committee of Adjustment be adjourned at 8:46 pm
and the next meeting of the Committee of Adjustment be held on
Wednesday, September 9, 2020.
Carried Unanimously
September 9, 2020
Date
`�
Chair
t..�
Assistant Secretary -Treasurer
Page 17 of 17