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HomeMy WebLinkAboutNovember 8, 2023Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 1 of 9 Present Omar Ha-Redeye Denise Rundle – Vice-Chair Sakshi Sood Joshi Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Jasmine Correia, Assistant Secretary-Treasurer Liam Crawford, Planner II Ziya Cao, Planner I Absent Rick Van Andel 1. Disclosure of Interest No disclosures of interest were noted. To prevent a tie vote, the Chair will abstain from voting on tonight’s items. 2. Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the agenda for the Wednesday, November 8, 2023 hearing be adopted. Carried Due to her absence at the previous hearing, the Vice-Chair abstained from voting on the below item. 3. Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the minutes of the 10th hearing of the Committee of Adjustment held Wednesday, October 11, 2023 be adopted. Carried Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 2 of 9 4. Reports 4.1 (Deferred at the October 11, 2023 Hearing) P/CA 44/23 C. Williams 1285 Ilona Park Road The applicant requests relief from Zoning By-law 2520, as amended by By-laws 7872/21, 7873/21 and 7901/22, to permit: • a total lot coverage of 7.3 percent for all accessory buildings excluding private detached garages, whereas the By-law permits a total lot coverage of all accessory buildings, excluding private detached garages, to be 5 percent of the lot area • a maximum lot coverage of 37.7 percent, whereas the By-law permits a maximum lot coverage of 33 percent The applicant requests approval of this minor variance application to obtain a building permit to install a prefabricated steel shed in the rear yard. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and Elexicon Energy. In support of the application, the applicant identified the previous shed was destroyed, a new prefabricated shed was purchased for storage of outdoor displays and does not meet the zoning requirements. Michael Williams and Samantha Williams, agents, were present to represent the application. No further representation was present in favour of or in objection to the application. Vice-Chair commented that the application was deferred to this hearing to allow for comments from Elexicon confirming their requirements have been met to their satisfaction. Exhibit 2, included in the staff report, indicates said requirements and will be included in the decision. After reading the staff report, not seeing any major concerns and agreeing with the recommendation, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 3 of 9 That application P/CA 44/23 by C. Williams, 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 proposed accessory building (shed), 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 November 8, 2023). Carried 4.2 P/CA 47/23 P. & K. Annalingam 1400 Rougemount Drive The applicant requests relief from Zoning By-law 3036, as amended by By-laws 2912/88, 3701/91, 7874/21 and 7902/22 to permit: • a maximum dwelling depth of 29.2 metres for a lot with lot depth greater than 40.0 metres, whereas the By-law permits a maximum dwelling depth of 20.0 metres for lots with depths greater than 40.0 metres • a private garage to extend 9.75 metres beyond the front wall of the dwelling to which it is attached, whereas the By-law permits an attached private garage to be extended no more than 2.0 metres beyond the front wall of the dwelling to which it is attached • a maximum front yard setback of 29.4 metres, whereas the By-law permits a maximum front yard setback of 21.0 metres The applicant requests approval of this minor variance application to obtain a future building permit to construct a two-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. Fiona McGill, agent, was present to represent the application. Two area residents were present in objection to the application. The agent requested a deferral of the application to receive a zoning review. Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 4 of 9 In objection to the application, Alayna Tierney, area resident commented the following: the proposed dwelling will extend significantly further back into the lot than other homes on the same side of the street; concerned about damages to legacy trees and obstructing views; not compatible with the character of the street; and the garage is proposed to be two storeys high which is obtrusive. In objection to the application, Amanada McKesey, area resident commented the following: the dwelling depth changes the privacy of their backyard; and concerns with the living space proposed above the garage that faces their home. Due to the agent requesting deferral for zoning review, and to allow for the applicant to address objections raised tonight, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 47/23 by P. & K. Annalingam be Deferred sine die. Carried 4.3 P/CA 48/23 T. & J. Brisebois 1467 Rosebank Road The applicant requests relief from Zoning By-law 3036, as amended by By-laws 7874/21, and 7902/22 to permit: • a minimum front yard setback of 10.3 metres, whereas the By-law requires a minimum front yard setback of 12.5 metres, based on the shortest front yard setback of the adjacent dwellings • a maximum driveway width of 15.4 metres, whereas the By-law permits a maximum driveway width of 6.0 metres, or if the entrance of the garage is wider than 6.0 metres, the proposed driveway shall be no greater than the width of the entrance of the garage The applicant requests approval of this minor variance application to obtain a building permit to facilitate a second storey addition. 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, November 8, 2023 7:00 pm Electronic Hearing Page 5 of 9 In support of the application, the applicant identified the following: the proposed front yard setback variance is in line with the previous by-law and at the same time with the required GFA to make the interior space livable for a typical four bedroom house; and the driveway width and two entrances are in line with the community and previous by- law, many other properties in the street are having the same conditions, also in conformance with the needs of such a house. Furthermore, the extent of the variances are still in line with the community and general intent of the OP and by-law. Arash Bahamin, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent commented that the variances being requested are minor in nature and believes they are in line with the zoning by-law and official plan. In response to questions from Committee members, the agent stated they have been communicating with the Engineering department and are aware of the condition of approval. They understand the two curb cuts are not supported by Engineering. They plan to propose permeable pavers for the hardscaping at the front. After reviewing the report and comments that have been received from agency, and receiving no written submissions from the public, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 48/23 by T. & J. Brisebois, 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 conditions: 1. That the variances to permit the detached dwelling apply only to the proposed detached dwelling, 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 November 8, 2023). 2. That a revised driveway design be provided to the satisfaction of Engineering Services prior to the issuance of a building permit. 3. That Engineering Services be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. Carried Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 6 of 9 4.4 P/CA 49/23 W. Syed & F. Khatoon 3490 Audley Road The applicant requests relief from Zoning By-law 3037, as amended by By-laws 6577/05 and 8037/23 to permit a detached garage to be located on the north side yard, whereas the By-law requires all accessory buildings that are not part of the main building to be erected in the rear yard. The applicant requests approval of this minor variance application to obtain a building permit for the existing detached garage on the north side yard. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, Region of Durham Health Department and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant identified they are seeking to legalize the existing detached garage. Waqqas Syed, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant commented that they require a garage for storage purposes. After reading the report and seeing no technical or public issues, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sakshi Sood Joshi That application P/CA 49/23 by W. Syed & F. Khatoon, 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: 1. That the variance applies only to the proposed development, 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 November 8, 2023). Carried Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 7 of 9 4.5 P/CA 50/23 B. & Y. Javaid 326 Dyson Road The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7874/21 and 7902/22 to permit a maximum dwelling depth of 24.0 metres, whereas the By-law permits a maximum dwelling depth of 20.0 metres for a lot with a lot depth greater than 40.0 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct a two-storey detached dwelling. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, the Toronto and Region Conservation Area (TRCA) and four area residents. In support of the application, the applicant identified under the new Infill By-law 7872/21 the dwelling depth permitted is 20 metres. The minimum front yard setback shall be equal to the shortest front yard setback of the existing dwellings on abutting lots on the same side of the street within the same block. The house on the north has reduced 4.45m front yard setback and hence the proposed house depth when measured from that setback doesn't comply with the zoning By-law. Badar Javaid, applicant, and Jamshaid Durrani, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The applicant commented the following: it has taken over two years to build this generational home and during the process the Infill by-laws had come into effect; they have worked with the City and commenting agencies to appease all requirements; and they have worked with the neighbours to ensure that all concerns were addressed. In response to a question from a Committee member, the Secretary-Treasurer confirmed comments were received from Parks Canada. Committee member brought awareness to Parks Canada’s concerns on the drainage and erosion on-site. The agent stated they had received the comment letter from Parks Canada before the hearing commenced. Suggested the requirements be mentioned as a condition in the decision as they have provided TRCA with all necessary plans and studies required. TRCA needed the home to be closer to the street due to slope stability issues; they have received a permit for the construction from TRCA. Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 8 of 9 In response to a question from a Committee member, the Secretary-Treasurer commented that the applicant did receive the comment letter from Parks Canada just before this hearing, and that commenting agencies would not be privy to each other’s comments. Similar comments were received from Parks Canada on an application from a few years ago where the applicant also required a TRCA permit. Many of Parks Canada concerns were addressed through the process of receiving the TRCA permit. The Committee could consider putting a condition on this decision that Parks Canada requirements be addressed. The applicant commented that they have been cooperating with TRCA to satisfy all their requirements and are willing to comply with Parks Canada conditions. In response to a question from the Vice-Chair, the Secretary-Treasurer replied that in the City’s experience the arrangement was that the applicant would reach out to Parks Canada during construction to ensure all requirements were being met. Parks Canada had also conducted inspections throughout the construction. In response to a question from a Committee member, the agent stated many of the studies and plans being requested from Parks Canada were done through the process of receiving a permit from TRCA. Vice-Chair commented that she understands the frustration of complying with all these different agencies, however this property is unique. It is within a provincially significant wetland and environmental concerns need to be taken seriously. The applicant commented that they purchased the property due to the environmental nature, and the goal is to enjoy those features and the neighbours. After reading the report, comments from agencies and public, and recognizing recent comments from Parks Canada, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 50/23 by B. & Y. Javaid, 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 conditions: 1. That the variance to permit the detached dwelling applies only to the proposed detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7 contained in the staff report to the Committee of Adjustment, dated November 8, 2023). Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 9 of 9 December 13, 2023 2. That Engineering Services shall be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. 3. That the applicant provides a revised TRCA permit prior to the issuance of a building permit. 4. That prior to the issuance of a building permit the owner shall implement requested mitigations outlined by Parks Canada in their comment letter dated November 8, 2023, to protect the environmental integrity of the Rouge National Urban Park. Carried 5. Adjournment Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the 11th hearing of the 2023 Committee of Adjustment be adjourned at 7:48 pm. Carried __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer Please note the Committee of Adjustment Hearings are available for viewing on the City of Pickering YouTube channel https://www.youtube.com/user/SustainablePickering