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HomeMy WebLinkAboutDecember 13, 2023Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 1 of 11 Present Omar Ha-Redeye Denise Rundle – Vice-Chair Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Jasmine Correia, Assistant Secretary-Treasurer Liam Crawford, Planner II 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 Denise Rundle Seconded by Omar Ha-Redeye That the agenda for the Wednesday, December 13, 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 11th hearing of the Committee of Adjustment held Wednesday, November 8, 2023 be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 2 of 11 4. Reports 4.1 P/CA 46/23 S. Alavi-Tafti 701 Marksbury Road The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, and 7900/21, to permit: • uncovered steps and platforms (porch) that are not more than 1.0 metre above grade to project no more than 2.0 metres into the required front yard, whereas the By-law permits uncovered steps and platforms that are not more than 1.0 metre above grade to project no more than 1.5 metres into the required front yard • a maximum lot coverage of 38 percent (including the deck), whereas the By-law requires a maximum coverage of 33 percent The applicant requests approval of this minor variance application to obtain a building permit to remove the existing building and structures and redevelop the lot with a two-storey detached dwelling. Input from other sources were received from the Applicant, City Engineering Services, City Building Services Section and seven area residents. In support of the application, the applicant identified they are seeking to permit a new detached dwelling. Nadeem Irfan, 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 38 percent coverage being requested is around 35 percent due to the decks and porches being counted as part of the overall coverage. We have received seven support letters from the neighbours. The Secretary-Treasurer confirmed the interpretation of the Zoning By-law does include decks as part of the overall coverage. After reviewing the report, agreeing with the report and recommended condition, hearing from the applicant regarding the lot coverage, receiving support letters from the neighbours and finding the application will be compatible with the neighbourhood, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 3 of 11 That application P/CA 46/23 by S. Alavi-Tafti, 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 the variances apply only to the proposed development, 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 December 13, 2023). Carried Unanimously 4.2 P/CA 51/23 G. & B. Roadknight 1133 Ridgewood Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 2864/88, to permit a platform (rear yard balcony) not exceeding a height of 2.7 metres above grade to project not more than 1.5 metres into the required rear yard, whereas the By-law permits uncovered steps and platforms, not exceeding 1.0 metre in height, to project 1.5 metres into the rear yard. The applicant requests approval of the variance in order to obtain a building permit to install a rear yard balcony. Input from other sources was received from the Applicant, City’s Engineering Services, City Building Services and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant identified the height of the deck is required to accommodate existing egress of basement unit which exists below the proposed deck. Egress requirement for basement unit occupant prevents compliance of 1.0 metre maximum height. Encroachment into rear yard setback required to accommodate usable deck size for requirements of main floor occupant. Glen and Barb Roadknight, applicants, were present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from Committee members, the applicant confirmed they are aware a TRCA permit will be required, along with fees. A Committee member commented given the fact there is a ravine immediately behind the property that does mitigate some issues from it exceeding the by-laws as stated. Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 4 of 11 Given the location and context of the site backing on to the ravine, reading staff report, conducting a site visit, seeing no comments from surrounding neighbours and considering the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sakshi Sood Joshi That application P/CA 51/23 by G. & B. Roadknight, 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 the variance applies only to the proposed rear yard balcony, 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 December 13, 2023). 2. That the applicant provide confirmation that the appropriate review fee has been paid to Toronto & Region Conservation Authority (TRCA). 3. That a TRCA permit be obtained prior to the issuance of a building permit. Carried Unanimously 4.3 P/CA 53/23 M. Myers 333 Granby Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 4936/97, to permit: • a platform (rear yard deck) not exceeding a height of 2.9 metres above grade to project not more than 4.0 metres into the required rear yard, whereas the By-law permits uncovered steps and platforms, not exceeding 1.0 metre in height, to project 1.5 metres into the rear yard • a maximum lot coverage of 42.6 percent, whereas the By-law permits a maximum lot coverage of 38 percent The applicant requests approval of these variances to permit a deck in the rear yard. Input from other sources was received from the Applicant, City Engineering Services, City Building Services and the Toronto and Region Conservation Area (TRCA). Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 5 of 11 In support of the application, the applicant identified the irregular rear lot line encroaches what would normally be the backyard. John Kenthol, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. After reviewing the report, seeing no public input, recognizing the irregular rear lot line and the application meeting the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Rick Van Andel That application P/CA 53/23 by M. Myers, 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 rear yard deck, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated December 13, 2023). 2. That Engineering Services be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. 3. That a Toronto & Region Conservation Authority (TRCA) permit be obtained prior to the issuance of a building permit. Carried Unanimously 4.4 P/CA 54/23 W. MacLean 2455 Sixth Concession Road The applicant requests relief from Zoning By-law 3037, as amended by By-law 6577/05, to permit a proposed accessory building (detached garage) to be located within the front yard, whereas the By-law requires all accessory buildings which 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 to permit a detached garage. Input from other sources was received from the Applicant, City Engineering Services, and the City Building Services. Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 6 of 11 In support of the application, the applicant identified the configuration of the lot and existing vegetation makes it difficult to construct a garage in the rear yard. No representation was present in favour of or in objection to the application. In response to a question from the Vice-Chair, the Secretary-Treasurer confirmed the applicant is aware of the Minister’s Zoning Order, the requirement for an amendment, and that the application is being recommended to be tabled. Having reviewed the staff report, recognizing the property is subject to a Minister’s Zoning Order 102/72 and the staff’s recommendation to table the application, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sakshi Sood Joshi That application P/CA 54/23 by W. MacLean, be Tabled until an amendment to Minister’s Zoning Order 102/72 is obtained through the Ministry of Municipal Affairs and Housing (MMAH), or arrangements are made to the satisfaction of the MMAH. Carried Unanimously 4.5 P/CA 55/23 R. Mercer & B. Morgan-Mercer 457 Broadgreen Avenue The applicant requests relief from Zoning By-law 2511, as amended by By-law 0609/77, to permit: • a minimum rear yard of 2.7 metres, whereas the By-law requires a minimum rear of 7.5 metres • a maximum building coverage of 48.5 percent, whereas the By-law permits a maximum building coverage of 33 percent The applicant requests approval of these variances to permit a two-storey sunroom addition and covered deck in the rear yard. Input from other sources was received from the Applicant, City Engineering Services, City Building Services and eight area residents in support of the application. In support of the application, the applicant identified the intent of the proposed addition to an existing ground level patio and main floor deck at the rear of the house is to extend the outdoor living area of the house. The extension is limited by a short rear yard depth and steep grade. Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 7 of 11 Approximately 50 percent of the patio and deck area will be enclosed as a sunroom and screened porch, with the remaining patio and deck platform open at the sides. The existing deck platform has an area of 33.17 square metres. The proposed deck platform area is 44.88 square metres, an 11.71 square metre (35 percent) increase in the overall area of the deck structure. The proposed roof steps down from the main roof to reduce the overall mass of the structure. The western half of the structure is open, and the enclosed eastern areas have glass or screened walls, reducing the overall solidity of the structure. The depth and mass of the structure extending into the rear yard is consistent with rear yard development on neighboring properties to the east and west overlooking the ravine. Ryan Mercer, applicant, and Bart Szoke, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. A Committee member commented the petition received was very thorough and thought it was beneficial that support was received from both neighbours immediately adjacent to the subject property. On the basis that the application meets the four tests of the Planning Act, Omar Ha-Redeye moved the following motion: Moved by Omar Ha-Redeye Seconded by Rick Van Andel That application P/CA 55/23 by R. Mercer & B. Morgan-Mercer, 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 addition and covered deck, 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 December 13, 2023). 2. That Engineering Services be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 8 of 11 4.6 P/CA 56/23 & P/CA 57/23 S. Southwick 1855 Pine Grove Avenue P/CA 56/23 – Part 2 (1855 Pine Grove Avenue) The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21 & By-law 7902/22, to permit: • a maximum dwelling height of 9.3 metres, whereas the By-law requires a maximum dwelling height of 9.0 metres • a maximum dwelling depth of 51.0 metres, whereas the By-law requires a maximum dwelling depth of 20.0 metres for lots with depths greater than 40.0 metres • a maximum front yard setback of 38.2 metres, whereas the By-law requires a maximum front yard setback of 22.9 metres P/CA 57/23 – Part 1 (1857 Pine Grove Avenue) The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21 & By-law 7902/22, to permit: • a maximum dwelling height of 9.2 metres, whereas the By-law requires a maximum dwelling height of 9.0 metres • a maximum dwelling depth of 48.5 metres, whereas the By-law requires a maximum dwelling depth of 20.0 metres for lots with depths greater than 40.0 metres • a maximum front yard setback of 35.7 metres, whereas the By-law requires a maximum front yard setback of 22.9 metres The applicant requests approval of these applications to sever the property resulting in a total of two lots and to construct two detached dwellings. Input from other sources was received from the Applicant, City Engineering Services, City Building Services and one are resident. In support of the applications, the applicant identified the neighbour to the north has constructed a four-car garage that sits close the front property line, making it difficult to match existing setbacks. Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 9 of 11 Steve Southwick, applicant, was present to represent the applications. No further representation was present in favour of or in objection to the applications. Having considered the report and after conducting a site visit, it would appear the proposal will be compatible with what is currently on the street. Seeing no public input, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Rick Van Andel That applications P/CA 56/23 & P/CA 57/23 by S. Southwick, 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 the variances to permit the detached dwellings apply only to the proposed detached dwellings, 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 December 13, 2023). Motion withdrawn by Denise Rundle to allow for review and consideration of an area resident comment letter. The Secretary-Treasurer read out a comment letter received by an immediate neighbour. In response to the comment letter, the applicant explained that they are trying to line up with the neighbour to the north who has a four-car garage that was constructed prior to this Zoning By-law coming into effect making his setback only 7.5 metres. By siting the proposed dwellings at 22 metres back from the front lot line, the neighbour will have a view from the rear yard of a big wall. The proposed dwellings are not that large, the zoning provisions require that they are sited farther back on the property like the two houses to the south. The front of the proposed dwellings is proposed to be sited the same way as the previous house that was on the lot. The property is 330 feet deep, the backyard will be 130 feet. Some trees were removed, however six more were planted. Furthermore, the neighbour who submitted the letter is around the corner and will not be able to see the houses. In response to a question from a Committee member, the applicant confirmed that the backyard will be 130 feet once the house is built. The neighbour who submitted the letter backs on to the north side lot line of the subject property, and is located approximately 70 feet to the north and 30 feet to the east. Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 10 of 11 The Chair commented that there is a unique aspect of the maximum dwelling depth zoning provision and that the proposed dwellings will not be as long as it appears on the drawings. The Vice-Chair commented that the numbers being requested look large, but it is a function of the definition of dwelling depth in the Zoning By-law. It is a function of where they take the measurements from, but the physical buildings themselves are only an extra 2.5 metres. After reviewing the report and comments received from a neighbour, and a site visit, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Rick Van Andel That applications P/CA 56/23 & P/CA 57/23 by S. Southwick, 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 the variances to permit the detached dwellings apply only to the proposed detached dwellings, 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 December 13, 2023). Carried Unanimously 5. Other Business 5.1 Adoption of 2024 Hearing Schedule Moved by Sean Wiley Seconded by Sakshi Sood Joshi That the 2024 Hearing Schedule be adopted for the 2024 term. Carried Unanimously 5.2 Appointment of Chairperson Moved by Denise Rundle Seconded by Omar Ha-Redeye That Sean Wiley be appointed as Chairperson for the 2024 term. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, December 13, 2023 7:00 pm Electronic Hearing Page 11 of 11 January 10, 2024 5.3 Appointment of Vice-Chairperson Moved by Sean Wiley Seconded by Rick Van Andel That Denise Rundle be appointed as Chairperson for the 2024 term. Carried Unanimously 5.4 Adoption of Assistant Secretary-Treasurer That Nilissa Reynolds be appointed as Assistant Secretary Treasurer. Carried Unanimously 6. Adjournment Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the 12th hearing of the 2023 Committee of Adjustment be adjourned at 7:48 pm. Carried Unanimously __________________________ 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