HomeMy WebLinkAboutJanuary 13, 2021Committee of Adjustment
Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
Present
Tom Copeland -Vice-Chair
David Johnson -Chair
Eric Newton
Denise Rundle
Sean Wiley
Also Present
Deborah Wylie, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
1. Disclosure of Interest
No disclosures of interest were noted.
2. Adoption of Agenda
Moved by Eric Newton
Seconded by Denise Rundle
That the agenda for the Wednesday, January 13, 2021 meeting be adopted.
Carried Unanimously
3. Adoption of Minutes
Moved by Eric Newton
Seconded by Tom Copeland
That the minutes of the 10th meeting of the Committee of Adjustment held Wednesday,
December 9, 2020 be adopted as amended.
Carried Unanimously
Page 1 of 12
-CWJofCommittee of Adjustment
p](KER]NG Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
4. Reports
4.1 PICA 16/19
1155886 Ontario Inc.
425 Whitevale Road
The applicant requests relief from Zoning By-law 3037, as amended by By-law 2677/88,
5629/00 and 6828/08, to permit:
• a maximum of two dwelling units on the property, whereas the By-law permits a
maximum of one dwelling unit on the property; and
• a professional office that is not a component of a day spa use or included in the
gross leasable floor area calculation of the day spa use, whereas the By-law permits
a professional office as a component of a day spa use, and shall be included in the
gross leasable floor area calculation of the day spa use.
The applicant requests approval of these variances to recognize two existing uses that
are not permitted in the current zoning.
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 expressing there are
currently a number of open building permits for this property. If these variances are
granted, the applicant will need to submit a revision to Building Permit 14-101231 that
reflects the proposed and current uses of the building. To be approved, any building
permit revision will need to be in compliance with both the Building Code and the
approved zoning (including any approved minor variances).
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
(TRCA) expressing no objections with the proposal. We understand that the existing
building contains a number of uses from residential to commercial, etc. Through our
review of the site via desktop exercise, TRCA can conclude that a portion of the existing
building is within the limits of a Regional Storm Floodplain. As the proposed second
dwelling unit will be confined within the existing building footprint, TRCA staff can accept
the proposal in principle. We will work with the landowner and their retained consultant
to ensure this dwelling unit is appropriately flood proofed to the Regional Storm
Floodplain elevation through our review of the forthcoming Permit Application.
With respect to the professional office, we understand this use will also be maintained
within the existing building footprint. As such, we have no objections to the professional
office use which will be consistent with the existing pattern of commercial businesses
Page 2 of 12
-CJ::;ofCommittee of Adjustment
p](KER]NG Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
present on the property. An Ontario Regulation 166/06 Permit Application will be
required for the proposed additional dwelling unit and any proposed regrading or fill
placement as a result of the landscaping being proposed (ex. driveway improvements).
Written comments were received from Pickering Heritage expressing the property is
located within the Whitevale Heritage Conservation District and designated under Part V
of the Ontario Heritage Act. This property does not have historical or architectural
significance within the District guidelines. This is a change in use and therefore no
heritage permit is required, nor is circulation to the Heritage Pickering Advisory
Committee. Exterior alterations to the building or site may require a heritage permit.
Rick Gosling, applicant, was present to represent the application. Theresa McCarthy of
3185 Factory Street was present in objection to the application. Sharon Murdoch of
22 Belton Court, Whitby, was present for the application.
Rick Gosling stated that no modifications are being made to the building; the floor that is
being included in as a residence is zoned as a bed & breakfast and will be reducing the
number of parking spaces that will be required.
Sharon Murdoch stated she has no questions or concerns.
Theresa McCarthy expressed several concerns with parking and what the additional
office use space will be used for. Theresa McCarthy provided a history of the subject
property and indicated it is right across the street from her residence; Factory Street is a
one lane road; she has had to install hedges and window film in the hopes of reducing
the problems; she stated during the construction of the 407 there were as many as
10 large vehicles parking along Factory Street; headlights shining into her residence in
the early mornings and evenings; exhaust from vehicles being started remotely; City
By-law services have been called out to the subject property on more than one occasion
in the past and questions how an additional use can be accommodated. Theresa
McCarthy stated if it was not for the parking across from her residence she would have
no objection to the application. In response to a question from a Committee Member,
Theresa McCarthy stated that the ideal solution would be to eliminate the 4 parking
spaces along Factory Street.
In response to concerns from the resident, Rick Gosling stated the parking along
Factory Street has not been utilized since the trucking company had left about a year
ago; the application is not adding additional uses, it will be reducing the uses by taking
the space that is currently a bed & breakfast and converting it into a 1 bedroom
apartment that will reduce the number of parking spaces. Rick Gosling stated they have
occupied the site for over 25 years; and they are continuing to maintain the heritage and
hamlet nature of the community. In response to questions from Committee Members,
Rick Gosling stated there are 2 doctors' offices on the first floor; a small office at the
front of the building; residence in the basement; and will be converting the 3 rd floor into
a 1 bedroom apartment instead of a bed & breakfast; and that revised site plan and floor
plans will be submitted.
Page 3 of 12
Committee of Adjustment
Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
After considering the City Development's report, hearing from the neighbour;
understanding this building has mixed-uses; recognizing that there have been a number
of attempts to provide different uses within the building, and that the amount of parking
will vary for each permitted use; acknowledging that the owner has heard the
neighbours concerns and will try to address them; feeling that the owner is aware of his
role within the community and that the application appears to meet the four tests of the
Planning Act; Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Sean Wiley
That application PICA 16119 by 1155886 Ontario Inc., be Approved on the grounds that
the requested variances to permit an additional dwelling unit and a professional office
as an independent use, are minor in nature, in keeping with the general intent and
purpose of the Zoning By-law, desirable for the appropriate development of the land,
subject to the following conditions:
1. That a maximum of two dwelling units shall be permitted within the subject
building.
2. That the professional office on the ground floor have a maximum gross leasable
floor area of 115 square metres.
3. That the professional office on the second floor have a maximum gross leasable
floor area of 140 square metres.
4. That the applicant submit revised site plan and floor plans for the subject building,
including an Ontario Building Code & Zoning matrix, within three months of this
decision becoming Final and Binding.
5. That the applicant obtain a change of use permit for the ground floor professional
office within three months of this decision becoming Final and Binding.
Carried Unanimously
4.2 PICA 66120
Trillium Housing Oak Non-Profit Corporation
2635 William Jackson Drive
The applicant requests relief from Zoning By-law 3037, as amended by By-law 7706119,
to permit:
• air conditioner units to be located between the front wall of a building or a dwelling
and a street, whereas the By-law states air conditioner units shall not be located
between the front wall of a building or a dwelling and a street.
Page 4 of 12
Committee of Adjustment
Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
The applicant requests approval of this variance in order to obtain site plan approval for
stacked townhouses.
The Secretary-Treasurer outlined the staff recommendation from the City Development
Department recommending approval.
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 no comments on the application.
Written comments were received from the Toronto and Region Conservation Authority
(TRCA) expressing the proposed air conditioner units located between the front main
wall of the building and the street are all located outside of the TRCA area of interest
(further to the east). TRCA staff confirm there are no objections to this variance being
requested.
Kelly Graham, agent, was present to represent the application. Kerron Williams of
2418 Earl Grey Avenue in objection to the application.
Kerron Williams expressed concerns with the noise that will be generated from the air
conditioner units; and stated Earl Grey Avenue is very narrow and will become very
busy and noisy during construction.
In response to concerns from the resident, Kelly Graham indicated that every effort has
been made to make sure the air conditioning units are low volume. In response to a
question from a Committee Member, Kelly Graham stated the air conditioning units that
will have the decorative metal screening will be on the balconies only.
After considering the City Development's report and hearing the comments from the
neighbour on the noise; decorative metal screening will be put into place; and that the
application meet the four tests of the Planning Act; Sean Wiley moved the following
motion:
Moved by Sean Wiley
Seconded by Eric Newton
That application PICA 66/20 by Trillium Housing Oak Non-Profit Corporation, 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 (refer to Exhibit 1 contained in the
staff report to the Committee of Adjustment, dated January 13, 2021).
Carried Unanimously
Page 5 of 12
-Cff;J6fCommittee of Adjustment
p](KER1NG Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
4.3 PICA 01/21
M. & M. Henry
1044 Moorelands Crescent
The applicant requests relief from Zoning By-law 2511, as amended by By-law 3132/89,
to permit:
• a minimum front yard depth of 4.1 metres, whereas the By-law requires a minimum
front yard depth of 6.0 metres;
• a minimum rear yard depth of 6.1 metres, whereas the By-law requires a minimum
rear yard depth of 7.5 metres;
• a maximum lot coverage of 41 percent; whereas the By-law permits a maximum lot
coverage of 35 percent;
• a maximum of two dwelling units per lot, whereas the By-law permits a maximum of
one dwelling unit per lot, 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; and
• a minimum of one private garage per lot attached to the main building, any vehicular
entrance of which shall be located not less than 5.3 metres from the front lot line,
whereas the By-law requires a minimum of one private garage per lot attached to the
main building, any vehicular entrance of which shall be located not less than 6.0 metres
from the front lot line.
The applicant requests approval of these variances in order to obtain a building permit
for an addition to a semi-detached dwelling, including an addition to the front and rear of
the dwelling, an extension to the length of the attached garage, an addition of a front
second-storey terrace, an addition of an accessory dwelling unit in the basement and an
addition of a rear ground-floor 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 Building Services Section expressing
no comments on the application.
Written comments were received from the City's Engineering Services Department
stating to ensure reduced front/rear yard depth and additional percentage of lot
coverage does not adversely affect the drainage patterns within the lot. Consideration
for rain harvesting or other Low Impact Development measures should be made at the
Building Permit stage if increasing the imperviousness of the lot surface.
Page 6 of 12
Committee of Adjustment
Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
Written comments were received from the owners of 1046 Moorelands Crescent,
1048 Moorelands Crescent, 1052 Moore lands Crescent, 1031 Morrelands Crescent and
1042 Moorelands Crescent expressing no objections to the application.
Melanie Henry, applicant, lmran Kahan, agent and Troy Royer, applicant's contractor
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, Troy Royer stated that the
driveway will not be widened, the garage will be brought forward slightly; the driveway
will be large enough to have 1 car in the garage and 2 cars on the driveway.
Moved by Eric Newton
Seconded by Tom Copeland
That application PICA 01121 by M. & M. Henry, be Approved on the grounds that the
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 proposed addition to the semi-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
January 13, 2021).
2. That the applicant obtain a building permit for the proposed accessory dwelling unit
as determined by Building Services.
Carried Unanimously
4.4 PICA 02121
C. & J. Cagna
2615 Cerise Manor
The applicant requests relief from Zoning By-law 7364114, as amended, to permit a
maximum driveway width of 6.0 metres, whereas the By-law established a maximum
driveway width of 3.0 metres for lots having lot frontages less than 9.0 metres with
attached private garages associated with a residential use that are accessed only by a
driveway from a street.
The applicant requests approval of this variance in order to widen the driveway.
The Secretary-Treasurer outlined the staff recommendation from the City Development
Department recommending refusal.
Page 7 of 12
-C1ofCommittee of Adjustment
p](KER1NG Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
Written comments were received from the City's Engineering Services Department
objecting to the application for the following reasons:
1. Widening the driveway will increase the impermeable area of the lot having a
negative impact on the overall stormwater management scheme for the
development.
2. The proposal includes widening within the City's road allowance, which is not
permitted.
3. Widening the driveway will require the removal of a City owned boulevard tree.
Written comments were received from the owner of 2617 Cerise Manor and 2613 Cerise
Manor in support of the application.
Michael Annan Iii, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Michael Annarilli outlined widening of the driveway is required to allow 2 vehicles to park
side by side. Mr. Annarilli and his partner suffer from medical conditions that are
aggravated when required to move their vehicles that are parked in a tandem
arrangement on the driveway. He noted he is agreeable to design concessions in order
to obtain approval of the variance required to facilitate the driveway widening. He cited
the following reasons for the Committee to approve the requested minor variance and
the following responses to comments contained in the staff report:
• Does not agree that there is a consistent streetscape as a number of single
detached and townhouse dwellings exist with driveway widths equal to or greater
than 6.0 metres within the block;
• Does not agree that the increase in impermeable area would have an impact on
the subdivision's stormwater management, and that any increased stormwater
created by the 12 square metres driveway widening is manageable through
permeable paving, he is willing to install an infiltration gallery in the rear yard if
necessary (details have been provided to the Members);
• Agrees to minor design alterations to provide proper setbacks to City property
and an existing tree including the provision of a security deposit for the tree, and
ensures greater setbacks will not impact the functionality of widening, and
• Two adjacent neighbours have provided support of the driveway widening in
writing.
In response to a question from a Committee Member, Michael Annarilli stated that a
minimum 3.0 metre widening is required to accommodate vehicles parked side by side
and opening of doors.
Page 8 of 12
-Ctf:#ofCommittee of Adjustment
p](KERlNG Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
After considering City Development's report and the applicant's comments to the
Committee, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Eric Newton
That application PICA 02121 by C. & J. Cagna, be Deferred to the next Committee of
Adjustment meeting on February 10, 2021 to allow the applicant time to submit a
revised plan.
Carried Unanimously
4.5 PICA 04121
M. & J. Crokidas
1869 Woodview Avenue
The applicant requests relief from Zoning By-law 3036, as amended by By-law 1545182,
to recognize:
• an accessory building (cabana) with a maximum height of 4.8 metres, whereas the
By-law states no accessory building shall exceed a height of 3.5 metres in any
residential zone;
• the total lot coverage of all accessory buildings excluding private detached garages,
to not exceed 6.8 percent of the lot area, whereas the By-law states the total lot
coverage of all accessory buildings excluding private detached garages, shall not
exceed 5 percent of the lot area; and
• a maximum lot coverage of 44 percent, whereas the By-law permits a maximum lot
coverage of 33 percent.
The applicant requests approval of these variances in order to obtain a building permit
for an existing accessory structure (cabana).
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 comments on the application.
Written comments were received from the City's Engineering Services Department
stating to ensure additional percentage of lot coverage does not adversely affect the
drainage patterns within the lot. Consideration for rain harvesting or other Low Impact
Development measures should be made at the Building Permit stage if increasing the
imperviousness of the lot surface. Downspouts for the cabana should be directed to the
front of the structure so they do not outlet directly towards the rear neighbour.
Page 9 of 12
-C~ofCommittee of Adjustment
p](KER]NG Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
Written comments were received from the owners of 1870 Woodview Avenue,
1900 Pine Grove Avenue and 1873 Woodview Avenue expressing no objections to the
proposal.
John Crokidas, applicant, and Albert Yerushalmi, agent, were present to represent the
application. No further representation was present in favour of or in objection to the
application.
Albert Yerushalmi stated the cabana will be located at the rear of the subject property
and the property in behind is currently vacant; have received 3 letters of support from
the surrounding neighbours and agrees with staff's report. In response to a question
from a Committee Member, Albert Yerushalmi explained construction on the cabana
had been started without a permit and there is currently a stop work order.
In response to questions from Committee Members, John Crokidas explained the
cabana is being constructed by a family member who is a freelance carpenter;
confirmed there will be a washroom within the cabana to accommodate a future
swimming pool; and there will be no kitchen or bedroom.
After considering the owner's and agent's comments; hearing it will be outdoor living
space and not habitable space; and that the application meets the four tests of the
Planning Act; Tom Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Eric Newton
That application PICA 04121 by M. & J. Crokidas, 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 existing accessory structure (cabana), 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
January 13, 2021).
Carried Unanimously
4.6 PICA 05121
J. Soo & S. Tam
1860 Glendale Drive
The applicant requests relief from Zoning By-law 3036, as amended, to permit:
Page 10 of 12
-Cd:JofCommittee of Adjustment
p](KER]NG Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
• a minimum north side yard setback of 0.6 metres, whereas the By-law requires a
minimum side yard of 1.8 metres where a garage is erected as part of a detached
dwelling.
The applicant requests approval of this variance in order to obtain a building permit for
an addition to an attached garage.
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 comments on the application.
Written comments were received from the City's Engineering Services Department
stating to ensure garage addition does not adversely affect the drainage patterns within
the lot. Consideration for rain harvesting or other Low Impact Development measures
should be made at the Building Permit stage if increasing the imperviousness of the lot
surface.
Written comments were received from the owners of 1862 Glendale Drive expressing
no objections to the proposal.
Jimmy Soo, applicant, and Godfrey Defreitas, agent, were present to represent the
application. John Desouza of 1862 Glendale Drive was present in favour of the
application.
In response to questions from Committee Members, Godfrey Defreitas stated the
addition is to widen the garage to provide tandem parking in the garage and access to
the rear yard; stone and gravel is to be installed on the north side to alter the drainage
pattern; there is access to the rear yard on the south side as well and there will be a
garage door at the north side of the garage in order to provide access to the rear yard.
After considering the City Development's report and the comments provided by the
agent regarding sufficient room between the abutting property and the structure
providing appropriate drainage, maintenance of the dwelling and appropriate access to
the rear yard; and that the property owner to the north not having any objections; Sean
Wiley moved the following motion:
Moved by Sean Wiley
Seconded by Tom Copeland
That application PICA 05/21 by J. Soo & S. Tam, 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:
Page 11 of 12
Committee of Adjustment
Meeting Minutes
Wednesday, January 13, 2021
7:00 pm
Electronic Meeting
1. That this variance apply only to the proposed addition, 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 13, 2021 ).
Carried Unanimously
5. Adjournment
Moved by Eric Newton
Seconded by Tom Copeland
That the 1st meeting of the 2021 Committee of Adjustment be adjourned at 8:22 pm
and the next meeting of the Committee of Adjustment be held on Wednesday,
February 10, 2021.
Carried Unanimously
February 10, 2021
Date
Chair
Assistant Secretary-Treasurer
Page 12 of 12