HomeMy WebLinkAboutAugust 10, 2022Committee of Adjustment
Hearing Minutes
Wednesday, August 10, 2022
7:00 pm
Electronic Hearing
Page 1 of 8
Present
Tom Copeland – Vice-Chair
David Johnson – Chair
Eric Newton
Denise Rundle
Sean Wiley
Also Present
Deborah Wylie, Secretary-Treasurer
Isabel Lima, Planner II – Host
Kerry Yelk, Planner I
Jasmine Correia, Clerk, Support Services
Absent
Lesley Dunne, Assistant Secretary-Treasurer
Cody Morrison, Secretary-Treasurer
1. Disclosure of Interest
No disclosures of interest were noted.
2. Adoption of Agenda
Moved by Eric Newton
Seconded by Tom Copeland
That the agenda for the Wednesday, August 10, 2022 hearing be adopted.
Carried Unanimously
3. Adoption of Minutes
Due to her absence at the previous hearing, Denise Rundle will abstain from voting on
the adoption of minutes.
Moved by Eric Newton
Seconded by Tom Copeland
That the minutes of the 6th hearing of the Committee of Adjustment held Wednesday,
July 13, 2022 be adopted.
Carried
Committee of Adjustment
Hearing Minutes
Wednesday, August 10, 2022
7:00 pm
Electronic Hearing
Page 2 of 8
4. Reports
4.1 P/CA 89/22 & P/CA 90/22
A. & B. Wheatle
559 Rougemount Drive
P/CA 89/22 – 559 Rougemount Drive, Parts 2 & 3
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18,
to permit:
• a maximum lot coverage of 41 percent, whereas the By-law requires a maximum lot
coverage of 33 percent
• a minimum north side yard of 1.2 metres, whereas when a garage is erected as part
of a detached dwelling, the By-law requires a minimum side yard of 1.5 metres
• a minimum south side yard of 1.2 metres, whereas when a garage is erected as part
of a detached dwelling, the By-law requires a minimum side yard of 1.5 metres
P/CA 90/22 – 559 Rougemount Drive, Part 4
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18,
to permit:
• a maximum lot coverage of 45 percent, whereas the By-law requires a maximum lot
coverage of 33 percent (amended by the applicant to permit a maximum lot
coverage of 41 percent)
• a minimum north side yard of 1.2 metres, whereas when a garage is erected as part
of a detached dwelling, the By-law requires a minimum side yard of 1.5 metres
• a minimum south side yard of 1.2 metres, whereas when a garage is erected as part
of a detached dwelling, the By-law requires a minimum side yard of 1.5 metres
(withdrawn by Applicant)
The applicant requests approval of these applications in order to sever the property
resulting in two lots and to construct two detached dwellings.
The Secretary-Treasurer outlined that based solely on the applications and supporting
documentation filed by the applicant, that City Development staff recommend approval
subject to a condition. The Secretary-Treasurer noted that the recommendation read out
at the Hearing was revised from the staff recommendation contained in the agenda.
Input from other sources were received from the Applicant, City’s Engineering Services
and 10 area residents.
Committee of Adjustment
Hearing Minutes
Wednesday, August 10, 2022
7:00 pm
Electronic Hearing
Page 3 of 8
Rodger Miller, agent, was present to represent the application. No further representation
was present in favour of or in objection to the application.
Rodger Miller, agent, explained that the dwelling on Part 4 (P/CA 90/22) will be for his
clients and will serve as a multigenerational home. The house on Parts 2 & 3
(P/CA 89/22) will be occupied by the clients’ parents who now occupy the home at
563 Rougemount Drive located to the north of the subject lands which was recently
constructed by Mr. Wheatle. Mr. Wheatle is a custom homebuilder who has completed
five homes in this neighbourhood. Mr. Miller advised modifications were made to the
application for Part 4, and indicated agreement with City staff recommendations.
Proposed is the construction of a dwelling on Parts 2 & 3 and another dwelling on
Part 4. These lots were the result of a conditionally approved severance. The two lots
will each have a lot frontage of 30.5 metres, lot depth of 43 metres and lot area of
663 metres square. The lot areas are 42 percent larger than the minimum lot area
requirement of the zoning by-law.
The applicants are seeking approval of these variances, in order to construct two
slightly larger homes, reflecting their specific needs in a modern house design which is
not currently captured by the City’s Zoning By-law, enacted in the 1970s. The requested
reduced side yard variance is considered minor in nature and the impact on the
streetscape will be imperceptible. Further, the reduced side yards maintain sufficient
space for access and maintenance. As required by City Engineering, the owners of
563 Rougemount Drive have provided their consent to accommodate a shared drainage
swale. The applicants will be able to comply with the remaining requests for consent as
they control the remaining lands.
Eight percent of the requested increase in lot coverage from 33 percent to 41 percent is
attributable to the covered outdoor amenity areas, mainly covered porches and decks.
The dwelling and garage proposed for Parts 2 & 3 will have a lot coverage of
33.98 percent, while the covered deck and patio will have a lot coverage of
6.35 percent. Similarly on Part 4, the dwelling and garage will have a lot coverage of
36.78 percent, and the covered patio and deck will have a lot coverage of 4.22 percent.
The requested increases in lot coverage do not have any significant impact to
neighbouring properties, particularly the dwellings on Lekani Court.
The rear yards will be significantly larger than the minimum required yard set out in the
Zoning By-law maintaining a significant building separation to the dwellings on
Lekani Court. The minimum required rear yard distance is 7.5 metres. The owners
intend on keeping all the existing trees at the rear property line in order to maintain the
visual landscape screen.
The rear building walls will generally match the rear walls at 563 Rougemount Drive
through to 557 Rougemount Drive. The proposed front building wall will generally match
the front wall at 563 Rougemount Drive.
Committee of Adjustment
Hearing Minutes
Wednesday, August 10, 2022
7:00 pm
Electronic Hearing
Page 4 of 8
The front building wall on Part 4 will be slightly forward of 557 Rougemount Drive but
will be in keeping with or in excess of the Zoning By-law requirements for the front yard
setback. It is of their opinion that the lot coverage increase and the reduced side yards
will not create any issues in regards to privacy, shadowing, overlook, character,
streetscape and front yard landscaping, and satisfies the four tests of a minor variance.
The neighbours on Lekani Court and on Rougemount Drive have provided letters of
support.
There was one letter of concern from the owners of 557 Rougemount Drive and Mr. Miller
is satisfied that these concerns have been addressed tonight, with exception of the side
yard setback on Part 4 as it was removed from the application. There were also
concerns made about possible disturbance around their property during the construction
of the dwellings. The disturbance they describe would require some intrusion or access
to the property which is not being contemplated by his clients. They had also expressed
concerns regarding the lot coverage increase of 45 percent, since then it has been
reduced to 41 percent and of this 4.22 percent is associated with the covered porch and
deck. Other concerns expressed regarding stormwater running onto their property in the
future. Mr. Miller advised that with the proposed lots being 42 percent greater than the
minimum lot size required under the Zoning By-law there will be sufficient space on
Part 4 to capture, infiltrate and direct all stormwater to the front of the property and to
the road ditch without impacting the property at 557 Rougemount Drive.
After listening to the presentation by the agent, and having any questions he had
answered through the thoroughness of the presentation, as well as addressing the
concerns of the neighbouring resident, the provision of consent regarding the drainage
swale, and reading through the Report provided by the City, Sean Wiley moved the
following motions:
Moved by Sean Wiley
Seconded by Denise Rundle
That application P/CA 89/22 by A. & B. Wheatle, be Approved on the grounds that the
requested variances to permit a maximum lot coverage of 41 percent and minimum
south and north side yards of 1.2 metres are minor in nature, desirable for the
appropriate development of the land, and in keeping with the general intent and purpose
of the Official Plan and 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 3, 5, 6, 7 & 8
as they relate to Parts 2 & 3 only, contained in the staff report to the Committee of
Adjustment, dated August 10, 2022).
Committee of Adjustment
Hearing Minutes
Wednesday, August 10, 2022
7:00 pm
Electronic Hearing
Page 5 of 8
2. That prior to issuance of a building permit, Engineering Services must be satisfied
that the Engineering Design Criteria can be adequately addressed with the
minimum north side yard of 1.2 metres.
Carried Unanimously
Moved by Sean Wiley
Seconded by Denise Rundle
That the requested variances to permit a minimum north side yard of 1.2 metres and a
maximum lot coverage of 41 percent for amended application P/CA 90/22 by
A. & B. Wheatle, 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 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 and revised plans (refer to
Exhibits 4, 5, 6, 7 & 8 as they relate to Part 4 only, contained in the staff report to
the Committee of Adjustment, dated August 10, 2022).
2. That of the maximum lot coverage of 41 percent (36.8 percent be comprised of the
dwelling and attached garage, and 4.2 percent be comprised of the covered porch
and covered deck).
3. That prior to issuance of a building permit, Engineering Services must be satisfied
that the Engineering Design Criteria can be adequately addressed within the
minimum north side yard of 1.2 metres.
Carried Unanimously
4.2 P/CA 91/22
N. & K. Syed
1123 Citrine Street
The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21,
to permit a total of 2 parking spaces on the property where the accessory dwelling unit
is located, whereas the By-law requires a total of three parking spaces are provided on
the property where the accessory dwelling unit is located.
The applicant requests approval of this variance in order to permit an accessory
dwelling unit within a townhouse dwelling with two parking spaces on the lot.
The Secretary-Treasurer outlined that based solely on the application and supporting
documentation filed by the applicant, that City Development staff recommend refusal.
Committee of Adjustment
Hearing Minutes
Wednesday, August 10, 2022
7:00 pm
Electronic Hearing
Page 6 of 8
Input from other sources were received from the Applicant and City’s Engineering
Services.
In support of the application, the applicant identified insufficient space on driveway to
park a second car.
Syed Hussain, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Syed Hussain, agent, stated the reason for the variance is due to the second dwelling
unit. His clients would like to create a bachelor apartment but they do not have enough
room on the property to accommodate a third parking space. This unit is not intended
for families, they will be using it as a bachelor apartment for students who don’t own
vehicles.
In response to questions from a Committee Member, Syed Hussain explained that his
client just recently purchased the property and doesn’t have plans on moving in the near
future. The property line shown on the submitted site plan is shorter than what actually
exists. There is a two car driveway currently which was done by the owner. They’d like
permission to park on City land next to the dwelling.
In response to questions from a Committee member, the Secretary-Treasurer explained
as shown on Exhibit 2, page 32 of the Agenda, the minimum measurement for a single
parking space is 5.6 metres x 2.4 metres. It was clarified that the agent was referring to
the paved driveway being longer than what appears on Exhibit 2. The paved portion of
the driveway covers the private property but also extends further to the City owned
right-of-way. They may be able to get two vehicles on the paved driveway but not two
vehicles in front of the garage within the private property. The Secretary-Treasurer also
explained that the applicant had applied for a building permit for construction of this
accessory dwelling unit however upon zoning review it was noted that the drawings did
not comply with the zoning by-law.
In response to a question from a Committee member, Syed Hussain confirmed the
accessory dwelling unit has yet to be built.
In response to a question from a Committee member, the Secretary-Treasurer
confirmed that the City does not permit parking on the right-of-way and it would be
enforced by Bylaw Services. If there is a sidewalk on that side of the street the vehicle
would be straddling it.
Syed Hussain, agent, stated there is no sidewalk on the subject property’s side of the
street.
Committee of Adjustment
Hearing Minutes
Wednesday, August 10, 2022
7:00 pm
Electronic Hearing
Page 7 of 8
While the agent has been transparent about how they would deal with a tenant who
may or may not own a vehicle, should the Committee approve this application it could
result in parking tickets for the tenants and these variances tend to go with the land.
Therefore this application does not meet the four tests of the Planning Act, Tom
Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Denise Rundle
That application P/CA 91/22 by N. & K. Syed, be Refused on the grounds that the
requested variance 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 Zoning By-law.
Carried Unanimously
4.3 P/CA 92/22
C. & S. LeBrun
967 Redbird Crescent
The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85,
to permit uncovered steps and platform not exceeding 2.0 metres in height above grade
and not projecting more than 1.5 metres into the required rear yard, whereas the By-law
requires uncovered steps or platforms not exceeding 1.0 metres in height above grade
and not projecting more than 1.5 metres in any required front or rear yard.
The applicant requests approval of this minor variance application in order to obtain a
building permit for the construction of an uncovered deck with steps.
The Secretary-Treasurer outlined that based solely on the application and supporting
documentation filed by the applicant, that City Development staff recommend approval
subject to a condition.
Input from other sources were received from the Applicant and City’s Engineering
Services.
Sarah LeBrun, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Sarah LeBrun, applicant, explained they are requesting approval of this variance in
order to construct a deck. In the process of installing a pool in their yard they removed
the old deck and learned that installing a new deck would not meet the zoning
requirements as the elevation in the yard had been changed prior to them moving to the
property. The new deck will be significantly smaller than the old two tier deck that was in
place. She believes this variance is in keeping with the intent of the By-law.
Committee of Adjustment
Hearing Minutes
Wednesday, August 10, 2022
7:00 pm
Electronic Hearing
Page 8 of 8
In response to a question from a Committee member, Sarah LeBrun, applicant,
confirmed it will be an exit deck from the rear of the dwelling. The deck will be level with
the rear patio doors and the steps will run along the right side of the house.
After reviewing the staff report, the drawings and submission materials and listening to
the applicant’s commentary, Tom Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Eric Newton
That application P/CA 92/22 by C. & S. LeBrun, 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 Zoning
By-law, subject to the following condition:
1.That this variance apply only to the subject property, 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 10, 2022).
Carried Unanimously
5.Adjournment
Moved by Eric Newton
Seconded by Tom Copeland
That the 7th hearing of the 2022 Committee of Adjustment be adjourned at 7:38 pm
and the next hearing of the Committee of Adjustment be held on
Wednesday, September 14, 2022.
Carried Unanimously
__________________________
Date
__________________________
Chair
__________________________
Assistant Secretary-Treasurer
September 14, 2022