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HomeMy WebLinkAboutMarch 8, 2023Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 1 of 6 Present Tom Copeland – Chair Omar Ha-Redeye Denise Rundle – Co-Vice-Chair Rick Van Andel Sean Wiley – Co-Vice-Chair Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Jasmine Correia, Assistant Secretary-Treasurer Kerry Yelk, Planner I Ziya Cao, Planner I Absent Not applicable. 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the agenda for the Wednesday, March 8, 2023 hearing be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the minutes of the 2nd hearing of the Committee of Adjustment held Wednesday, February 8, 2023 be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 2 of 6 4. Reports 4.1 P/CA 17/23 A. & C. Nurse 707 Front Road The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21 & 7900/22, to permit: • a minimum south side yard of 0.6 of a metre, whereas the By-law requires where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.5 metres; • an accessory building (detached garage) with a maximum height of 4.7 metres in a residential zone, whereas the By-law requires no accessory building shall exceed a height of 3.5 metres in any residential zone; • a covered platform (porch) with associated steps not exceeding 1.0 metre in height above grade, and not projecting more than 2.5 metres into any required front yard, whereas the By-law requires 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 yard; • uncovered steps not exceeding 1.0 metre in height above grade, and not projecting more than 8.9 metres into any required front yard, whereas the By-law requires 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 yard. • main eaves not projecting more than 0.9 of a metre into the required (north) side yard, whereas the By-law requires main eaves, belt courses, chimney breasts, sills or cornices not projecting more than 0.5 of a metre into required yard; and • a minimum front yard setback of 8.6 metres, whereas the By-law requires the minimum front yard setback shall be equal to the shortest existing front yard setback of the dwellings on the immediately abutting lots (9.22 metres). The applicant requests approval of these variances in order to facilitate a building permit submission to construct a single detached dwelling with a detached garage Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 3 of 6 In support of the application, the applicant indicated that in order to minimize the impact of the garage, the homeowner intends to build a rear yard detached garage. The proposed reduced side yard is only to the supporting piers on the ground level and the wall of the Master Bedroom above on the upper level. Alex Muzanovic, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent stated the applicant will work with Engineering Services to ensure concerns regarding the reduced side yard are adequately addressed. The Committee was requested to keep in mind that the reason for objection of the side yard variance is due to an engineering concern and not zoning concerns. In terms of zoning for the side yard variance, there are a number of reduced side yards on Front Road. In terms of zoning, he believes the proposal is in keeping with the neighbourhood. In response to questions from Committee members, the agent acknowledged the applicant may need to receive written consent from the adjacent property owner to the south in order to have the swale sit on the lot line. The agent would like to avoid compressing the design based on the interior room layout, it is not desirable to his clients. The agent confirmed they are prepared to meet the requirements of the recommended third condition. The total gross floor area of the house including the basement is 5, 693 square feet. The two-storey garage in the rear yard will be used for household storage and the applicant is not willing to compromise on the height as it would not allow for appropriate space for storage. The adjacent houses are at a higher grade than the subject property therefore no visual impact should be expected. The garage will not have any plumbing, just electricity for the garage opener and lighting. In response to a Committee member offering a deferral to the next hearing to give time for the applicant to mitigate some of Engineering Services’ concerns, the agent explained he would like to proceed with this hearing because he believes zoning issues and engineering issues should be separate to this hearing. The agent understands if this proposal is approved as is, that some changes may need to happen at the building permit stage to satisfy Engineering. After considering the additional information provided by the agent and the report provided by the City Development Department, noting these variances pass the four tests of the Planning Act, that the setbacks will not have a negative impact the streetscape, and the established neighbourhood guildelines are meeting the primary requirements, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Denise Rundle with an amendment to Condition 2 Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 4 of 6 That application P/CA 17/23 by A. & C. Nurse, 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 the variances apply only to the proposed detached dwelling and detached garage as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7 & 8 contained in the staff report to the Committee of Adjustment, dated March 8, 2023). 2. That prior to the issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed within the minimum south side yard of 0.6 of a metre, and if required to address the Engineering Design Criteria that the drawings be revised to the satisfaction of Engineering Services. 3. That a planting plan and securities for the proposed value of the proposed planting be provided to the satisfaction of Engineering Services to compensate for the removal of trees and to provide screening for the adjacent properties. Carried Unanimously 4.2 P/CA 18/23 Mattamy (Seaton) Limited 2973 Heartwood Lane (Lot 279 40M2734) The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit a maximum driveway width of 11.3 metres and tapered so that the maximum width is 6.0 metres at the streetline, for a lot that is greater than 15.0 metres, where the wall of a private garage containing the opening for vehicular access faces an interior side lot line, whereas the By-law permits a maximum driveway width of 7.5 metres and tapered so that the maximum width is 6.0 metres at the streetline for lots that are greater than 15.0 metres, where the wall of a private garage containing the opening for vehicular access faces an interior side lot line. The applicant requests approval of this minor variance application in order to obtain a building permit for a two-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 5 of 6 In support of the application, the applicant identified this minor variance is required because this lot is uniquely shaped and poses a challenge to fit the “standard” driveway. Andrew Scott, 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 member, the agent confirmed the homes in the immediate neighbourhood are vacant. The ravine and woodlands behind the subject property will remain a natural feature and will not be developed. Given that no comments were received in response to this application and that the requested variance meets the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 18/23 by Mattamy (Seaton) Limited, 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: 1. That this variance apply only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, dated March 8, 2023). 2. That prior to issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed. Carried Unanimously 5. Adjournment Moved by Rick Van Andel Seconded by Omar Ha-Redeye That the 3rd hearing of the 2023 Committee of Adjustment be adjourned at 7:29 pm and the next hearing of the Committee of Adjustment be held on Wednesday, April 12, 2023. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 6 of 6 April 12, 2023 __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer