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HomeMy WebLinkAboutSeptember 14, 2022Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 1 of 14 Present Tom Copeland – Vice-Chair David Johnson – Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Isabel Lima, Planner II Kerry Yelk, Planner I Jasmine Correia, Clerk, Support Services Absent 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 Tom Copeland That the agenda for the Wednesday, September 14, 2022 hearing be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 7th hearing of the Committee of Adjustment held Wednesday, August 10, 2022 be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 2 of 14 4. Reports 4.1 P/CA 93/22 L. Keast 1747 Central Street The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06, to permit a maximum building height of 5.0 metres for a detached garage, whereas the By-law permits a maximum building height of 3.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the construction of a detached garage located in the rear yard. 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 conditions. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. Leonard Keast, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee members, Leonard Keast, applicant, confirmed there are no plans for a habitable space in the garage. This addition will be used for storage in the winter months of lawn chairs, etc. The applicant is requesting a building height of 5.0 metres to accommodate 2 storeys. Downstairs will be used for garden tractors, storage of a classic car and a workshop. The applicant confirmed he has no plans of running a business through the garage. After reading the report, a site inspection, receiving no concerns from agencies or the public, and considering the garage will be situated in the rear yard with minimal to no impact on adjacent neighbours, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 93/22 by L. Keast, 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 conditions: Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 3 of 14 1. That this variance apply only to the proposed detached garage, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6, contained in the staff report to the Committee of Adjustment, dated September 14, 2022). 2. No habitable space is permitted within the garage. Carried Unanimously 4.2 P/CA 94/22 to P/CA 109/22 Icon Forest District Ltd. 250 Finch Avenue Units 1-12 & Units 601-604 Moved by Denise Rundle Seconded by Tom Copeland That the Committee dispense of the reading of applications P/CA 94/22 to P/CA 109/22 by Icon Forest District Ltd. Carried Unanimously P/CA 94/22 & P/CA 95/22 – 250 Finch Avenue, Lots 1 & 2 (Units 1 & 2) on Exhibits 3 & 4 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 2.7 metres in height above grade and not projecting more than 1.6 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. P/CA 96/22 – 250 Finch Avenue, Lot 3 (Unit 3) on Exhibits 5 & 6 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.3 metres in height above grade and not projecting more than 1.6 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. P/CA 97/22 – 250 Finch Avenue, Lot 4 (Unit 4) on Exhibits 5 & 6 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.0 metres in height above grade and not projecting more than 1.6 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. Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 4 of 14 P/CA 98/22 – 250 Finch Avenue, Lot 5 (Unit 5) on Exhibits 7 & 8 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.2 metres in height above grade and not projecting more than 1.6 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. P/CA 99/22 – 250 Finch Avenue, Lot 6 (Unit 6) on Exhibits 7 & 8 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 2.9 metres in height above grade and not projecting more than 1.6 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. P/CA 100/22 – 250 Finch Avenue, Lot 7 (Unit 7) on Exhibits 9 & 10 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.2 metres in height above grade and not projecting more than 1.6 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. P/CA 101/22 – 250 Finch Avenue, Lot 8 (Unit 8) on Exhibits 9 & 10 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.1 metres in height above grade and not projecting more than 1.6 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. P/CA 102/22 & P/CA 103/22 – 250 Finch Avenue, Lots 9 & 10 (Units 9 & 10) on Exhibits 11 & 12 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony and lower level deck with steps not exceeding 3.3 metres in height above grade and not projecting more than 2.1 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. Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 5 of 14 P/CA 104/22 – 250 Finch Avenue, Lot 11 (Unit 11) on Exhibits 13 & 14 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.0 metres in height above grade and not projecting more than 1.6 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. P/CA 105/22 – 250 Finch Avenue, Lot 12 (Unit 12) on Exhibits 13 & 14 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 2.9 metres in height above grade and not projecting more than 1.6 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. P/CA 106/22 – P/CA 109/22 – 250 Finch Avenue, Lots 103–106 (Units 601-604) on Exhibits 15 & 16 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit uncovered steps and platform not exceeding 1.5 metres in height above grade and not projecting more than 1.6 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 these minor variance applications to permit rear decks and balconies. 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, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified under current Zoning By-law construction of decks are not permitted if height exceeds 1.0 metre in height. Within this submission of multiple units we are asking for variance for decks that range in height from 1.1 metre to 3.2 metre in height. Deck sizes are 1.53 metre by 2.44 metres. Kevin Watt, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 6 of 14 In response to questions from Committee members, Kevin Watt, agent, explained only these units in the complex require variances as the semi-detached homes, units 1 to 12, were sold with standard 5x8 decks on the main floor that exceeds the 1.5 metre height restriction in the rear yard. Units 13-40 have deeper rear yards and complies with the By-law, whereas 1-12 do not. Units 601-604 also do not comply with the 1.5 metre height requirement. The decks were always anticipated however the rear yard grading were unknown at the time of the Zoning Amendment. Further into construction, building permits were applied for with the exception of the decks on these lots due to infringement of the Bylaw. The sliding doors on the upper floors were contemplated to have a julienne rails to allow homeowners to open the door and get air, there were no decks contemplated in the beginning stages of the development of the complex. Kevin Watt, agent, confirmed the complex is fully occupied with exception to one unit. They are currently working on the exterior of the complex such as low level planting, tree planting, grading, soil work. They are hoping to have the work done by the end of the season. The purchasers themselves are aware of these applications and are expecting their decks to be constructed in the near future. The Secretary-Treasurer confirmed in addition to public signs posted on the property advising of the applications, everyone within the condominium were included in the circulation of notice of public hearing. Having read the City’s report, considering the answers from the agent, the applications satisfy the four tests of the Planning Act, there being sufficient space in rear yard for landscaping and amenity purposes, receiving no written or verbal comments from the public or owners within the complex who were given notice of the hearing, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That applications P/CA 94/22 to P/CA 109/22 by Icon Forest District 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 Zoning By-law, subject to the following condition: 1. That these variances apply only to the existing residential semi-detached and townhome dwellings, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 & 16 contained in the staff report to the Committee of Adjustment, dated September 14, 2022). Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 7 of 14 4.3 P/CA 111/22 K. & M. Reynolds 1072 Rouge Valley Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 1827/84 and By-law 2178/86, to permit uncovered steps and a platform (rear deck) not exceeding 1.0 metre in height above grade and not projecting more than 3.0 metres into the required rear yard, whereas the By-law permits uncovered steps or 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 0.5 of a metre in any required side yard. The applicant requests approval of this variance in order to obtain a building permit for the reconstruction of an uncovered rear deck. 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, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified that due to age of the deck it is unsafe and in need of replacement to provide access to the rear yard due to grading changes. Spencer Joy, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. After reading the report, receiving no agency or public concerns, that would not anticipate any impact to adjacent neighbours, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 111/22 by K. & M. Reynolds, 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 proposed uncovered rear 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 September 14, 2022). Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 8 of 14 Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 9 of 14 4.4 P/CA 113/22 J & K Shopping Centre Inc. 2060 2078 Liverpool Road The applicant requests relief from Zoning By-law 3036, as amended by By-laws 1158/80, 3878/91, 5500/99 & 6124/03 to permit: • a minimum of 54 parking spaces shall be provided and maintained for the commercial plaza which includes 7 spaces for outdoor storage of rental vehicles; and • to permit the outdoor storage of seven rental vehicles. The applicant requests approval of these variances in order to permit outdoor storage of rental vehicles to facilitate a truck rental business kiosk. 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 conditions. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified the following: • The outdoor storage of rental vehicles will reduce the total amount of available parking spaces from 54 to 47 parking spaces. • Please refer to Traffic Review Brief. Alexander Sowkey, 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 Alexander Sowkey, agent, confirmed there will only be seven rental vehicles. The designated area is restricted to seven spaces. The store will be offering clients the option to leave their car there while they use the rental vehicle service and will not impede parking for staff and customers of other stores within the plaza. Currently they have not seen an issue of parking availability within the plaza, even during the busy hours of the day. There is a total of 54 parking spaces, moving down to 47 spaces should this be approved, and they do not anticipate parking issues in the future. The variance requested for does currently state the reserved spaces are for the rental vehicles however in worst case scenario, the customer could park within that exact same spot to alleviate any issues. No comments were received from the owners to the west. There currently is a solid fence between the properties, dividing the two lands. Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 10 of 14 The rental vehicles will not exceed the height of the building that sits right in front of those property owners. The site plan is outdated and only shows six parking spaces however it should show seven. After hearing from the agent, visiting the site and considering staff recommendation, Eric Newton moved the following motion: Moved by Eric Newton Seconded by Tom Copeland That application P/CA 113/22 by J & K Shopping Centre 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 Zoning By-law, subject to the following conditions: 1. That these variances apply only to the subject property, as sited and outlined on the applicant’s submitted plans (refer to Exhibit 2 contained in the staff report to the Committee of Adjustment, dated September 14, 2022). 2. That vehicles parked and stored on the property for rental purposes shall not exceed seven vehicles and must be parked within their designated parking spaces as outlined in the applicant’s submitted plans. Carried Unanimously 4.5 P/CA 114/22 Pickering Islamic Center 2071 Brock Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 6578/05, to permit: • 3 accessory buildings (portables) on a lot without a main building, whereas the By-law states that “accessory building” shall mean a subordinate building, or structure on the same lot with the main building, or a part of the main building, devoted exclusively to an accessory use; • 3 accessory buildings (portables) which are not part of the main building to be erected in the front yard, whereas the By-law states that all accessory buildings which are not part of the main building shall be erected in the rear yard; • accessory buildings (portables) to be setback a minimum of 0.0 metres from the east lot line and 0.5 metres from the south lot line, whereas the By-law states that accessory structures greater than 10 square metres in area shall be setback a minimum of 1.0 metres from all lot lines; and Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 11 of 14 • 3 accessory buildings (portables) with a total lot coverage of 6 percent, whereas the By-law states that the total lot coverage of all accessory buildings shall not exceed 5 percent of the lot area. The applicant requests approval of these variances in order to obtain a building permit for the temporary storage of 3 portables on the subject property. 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 conditions. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and Pickering Ward 3 Regional Councillor. Mohammed Ghofrani, agent, was present to represent the application. Two area residents were present in objection to the application. Mohammed Ghofrani, agent, explained they are under pressure for more storage and would appreciate a motion to approve the requested variances to erect these portables for storage purposes. Zahira Khan, area resident, lives on the street adjacent to the Islamic Center, stated the following: the existing parking at the Islamic Center does not meet the current needs of the mosque which results in overflow parking on the adjacent neighbourhood streets on Fridays, for funerals, month of Ramadan; cars are blocking driveways, there is an increase of garbage; three portables will take away a lot of parking space for the mosque and in result even more vehicles parked on the residential streets; understands this is for storage however if this does become used for school purposes there are safety concerns for the children that would be attending, would appreciate confirmation from the Pickering Islamic Center that this will only be used for storage. Abbas Ishaque, area resident, stated the following: the land being requested for the portables are not designated for parking but in the past he’s seen it being used for such during Friday prayers or any large events due to the mosque being unable provide enough parking for the needs of the people; neighbourhood street parking becomes the norm every Friday; City does not enforce the parking bylaws; lives adjacent to the mosque and is concerned with the amount of large trucks always parked there and the debris and noise it causes in the neighbourhood; the mosque rents out parking spaces to these large trucks; keeps being told that the construction at the mosque is temporary but hasn’t seen a timeline for which it will be completed. Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 12 of 14 In response to public concerns Mohammed Ghofrani, agent, stated the renting of parking space has nothing to do with this application. The mosque board of directors wrote a letter to the Committee stating these portables will only be used for temporary storage purposes. In response to questions from Committee members, Mohammed Ghofrani, agent, clarified the portables will be used to store books, Quran and items from the mosque. A zoning bylaw amendment application was applied for 3 years ago and is an ongoing process, may take another 2 to 3 years. The portables will be onsite until the Zoning Bylaw Amendment application is approved to permit a private school on the property. Confirmed there will be no extra traffic related to the portables and it will not be used for school/student purposes. The area where the portables are proposed to be stored is currently fenced off and is a basketball yard where kids play from time to time, that space does not allow for parking. The Secretary-Treasurer confirmed the properties at 2065 and 2071 Brock Road are not zoned to permit school use. In response to questions from Committee members, Mohammed Ghofrani, agent, stated the mosque at 2065 Brock Road does not run a private school. The mosque does host evening lessons and lectures. These lessons run for 30 minutes in the mornings, an hour and a half in the afternoons and evenings. It is not populated during the week and the mosque’s busiest times are on Fridays. These portables will not be used for school purposes. Should the zoning amendment application be approved, a permanent structure will be built. The portables will have electricity for lighting. The portables will not be used for overflow seating, the mosque has ample space for that indoors, what they need is more parking space. Abbas Ishaque, area resident, stated the following: has the mosque found a way to address the overflow parking onto residential streets; living across from the mosque you can see a school is operating out of the property, every day you see kids walking to the mosque in full uniforms, they play in the playground where the portables are being requested in the mornings and lunch times; the mosque does not clean its property and it is becoming an eyesore. Tom Copeland, Vice-Chair, recognizes the application before the Committee and their role in the approval or denial of the variances in question. The variances have nothing to do with a school or parking. However, there are significant concerns that once approval is given to store the portables on the property that they will eventually be used for school purposes. Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 13 of 14 Denise Rundle, Committee member, shares the same concerns due to the letter received from the applicant stating the portables will not be occupied until they get permits to occupy the portables. The intent is there to occupy the portables, down the road should a permit be issued and approval given for the zoning application. With a potential private school running onsite and a current zoning amendment application in with the City since 2016, it is difficult not to have concerns about the use of the structures. Sean Wiley, Committee member, stated in regards to overflow parking and other issues that have come up apply to many other places of worship in Pickering at peak periods. Having had a chance to make a site visit, once you drive into the property you see the mosque to the left, in front is an area that is not tarmacked, which is assumed to be used for parking, and on the right hand side is tarmacked parking. Where the portables are being requested is currently a playground. With a zoning application currently in to City Council and no decision made with respect to the school, it is questioned whether approving these portables will impact Council’s decision. This application seems to be premature at this time, Eric Newton moved the following motion: Moved by Eric Newton Seconded by Tom Copeland That application P/CA 114/22 by Pickering Islamic Center be Tabled to allow the Committee to receive further information. Carried Vote: Tom Copeland in favour David Johnson in favour Eric Newton in favour Denise Rundle opposed Sean Wiley opposed 5. Other Business Appointment of Assistant Secretary-Treasurer Moved by Tom Copeland Seconded by Eric Newton That Jasmine Correia be appointed as Assistant Secretary Treasurer. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page 14 of 14 October 12, 2022 6. Adjournment Moved by Eric Newton Seconded by Sean Wiley That the 8th hearing of the 2022 Committee of Adjustment be adjourned at 8:08 pm and the next hearing of the Committee of Adjustment be held on Wednesday, October 12, 2022. Carried Unanimously __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer