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