Loading...
HomeMy WebLinkAboutJanuary 10, 2024Committee of Adjustment Hearing Minutes Wednesday, January 10, 2024 7:00 pm Electronic Hearing Page 1 of 6 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 Isabel Lima, Planner II Ziya Cao, Planner I Absent Not applicable. 1. Adoption of Rules of Procedures Moved by Rick Van Andel Seconded by Omar Ha-Redeye That the Rules of Procedures be adopted as amended. Carried Unanimously 2. Terms of Reference Moved by Rick Van Andel Seconded by Omar Ha-Redeye That the revised Terms of Reference be forwarded to the Clerks Office. Carried Unanimously 3. Disclosure of Interest No disclosures of interest were noted. Committee of Adjustment Hearing Minutes Wednesday, January 10, 2024 7:00 pm Electronic Hearing Page 2 of 6 4. Adoption of Agenda Moved by Sakshi Sood Joshi Seconded by Denise Rundle That the amended agenda for the Wednesday, January 10, 2024 hearing be adopted. Carried Unanimously 5. Adoption of Minutes Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That the minutes of the 12th hearing of the Committee of Adjustment held Wednesday, December 13, 2023 be adopted. Carried Unanimously 6. Reports 6.1 MV 01/24 A. Sammut & R. MacLeod 2023 Cedarwood Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 1267/81, to permit uncovered stairs and a platform (rear yard deck) not exceeding a height of 2.4 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 above grade, and not projecting more than 1.5 metres into the required rear yard. The applicant requests approval of the variance to obtain a building permit for a rear yard deck. Input from other sources was received from the Applicant, City Engineering Services and City Building Services Section. In support of the application, the applicant identified the deck is unsafe, and the stairs (new portion) are encroaching into the required setbacks to the rear of the property line. The projection of the deck meets the encroachment permissions. The height of the deck does not comply due to the grading of the rear yard. Aaron Sammut, applicant, 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, January 10, 2024 7:00 pm Electronic Hearing Page 3 of 6 On the basis that the application meets the four tests of the Planning Act, Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye That application MV 01/24 by A. Sammut & R. MacLeod, 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 the variance applies only to the rear yard deck and uncovered stairs, 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 January 10, 2024). Carried Unanimously 6.2 P/CA 52/23 OPB Reality Inc. 1355 Kingston Road The applicant requests relief from Zoning By-law 7553/17, as amended by By-law 7981/23, to reduce the minimum parking ratio to 0.5 parking spaces per apartment dwelling unit, whereas the By-law requires a minimum parking ratio of 0.65 parking spaces per apartment dwelling unit. The applicant requests approval of this variance to facilitate the construction of a mixed- use development, consisting of nine development blocks for high-density residential, office, and commercial uses, and one parkland block. Input from other sources was received from the City Engineering Services, City Building Services Section and one area resident. Daniel Oliveira, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent gave a brief overview of the application. In response to questions from a Committee member the agent commented that the reason for the variance is due to their parking sales data and the high demand during the first phase of sales. Planner II confirmed a copy of the comments received from an area resident was forwarded to the applicant. The agent confirmed they had received the comments. Committee of Adjustment Hearing Minutes Wednesday, January 10, 2024 7:00 pm Electronic Hearing Page 4 of 6 In response to the comment letter the agent addressed concerns regarding the expected completion date of the Durham-Scarborough BRT project; parking demand between one bedroom and two-bedroom units; the retail environment rapidly changing in downtown Pickering; access to schools within the community; and parking requirements for the future parkland block. In response to questions from the Chair, the agent confirmed the development will consist of around 5000 units for 9 blocks. Should parking demand require more parking spaces they would have to adjust as they work through the masterplan. They have seen a trend where there is less demand for parking. In response to questions from Committee members, the agent commented that the unit types for the future towers would adjust as the sales data is received. A Parking Justification Report was provided at the time of submission of a Zoning By-law Amendment application to reduce the parking requirement from 0.8 to 0.65. The number requested at that time was based on the sales data they had seen back then. Although they only have sales data for Block 1, they utilized data from Universal City development and the general trend in parking demand. The agent confirmed the Universal City development is at 0.65 parking space per dwelling unit that was granted through a Zoning By-law Amendment. To date no Site Plan Applications have been submitted for Blocks 5, 6, 8 and 9. Unit distribution types are only known for Blocks 1 and 3. Seeking out a Zoning By-law Amendment for the reduction in parking would be a timely process. The two towers currently being addressed are in the northwest corner of Block 1 and the southwest corner of Block 3. The TDM measures have been implemented in Blocks 1 and 3, a surplus of bicycle parking, safe and accessible pedestrian connections and commercial, retail and office use. The overall sole parking data noted in the report is for all seven phases from Universal City over a period of time. The report indicates other comparable municipalities that are also making parking requirement adjustments. In response to a question from the Chair, the applicant indicated at this time are not submitting a Minor Variance application for reduction of visitor parking however they are in conversations with the City Development department regarding the visitor parking and doing further analysis and studies to better understand what the ratios are. A Committee member expressed concerns about having the appropriate documentation and supporting material to make an informed decision on this application. The application looks to be appropriate development of land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. However, there are several concerns regarding the test of whether the application is minor in nature. Several cases were referenced in support of those concerns. A minor variance can be more than minor for one of two reasons: it is too large to be considered minor; or that it is too important to be considered minor. The extent of the impact on the immediate property and the general area cannot be determined with the minimal information the Committee of Adjustment Hearing Minutes Wednesday, January 10, 2024 7:00 pm Electronic Hearing Page 5 of 6 Committee has received. This application would be more appropriate for a Zoning By-law Amendment because it would provide a legal and precise way in managing land use in future development, it would implement the objectives and policies of the municipalities Official Plan and the requirements that would come in to play with a Zoning By-law amendment, such as further consultation and an Open House. A Committee member commented that the development makes sense. As this is a very specific site, he does not believe approving this application would set a precedent citywide. Expressed concerns on whether this application is minor in nature. The applicant is requesting approval for several Blocks without supporting material to justify the variance. Would consider granting approval to Blocks 1 and 3 since those are the only Blocks they received data on. Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application P/CA 52/23 by OPB Reality Inc., 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 applies only to Block 1 and Block 3 within Draft Approved Plan of Subdivision SP-2021-02, located on the eastern portion of the Pickering Town Centre lands, as illustrated on the attached draft plan of subdivision (refer to Exhibit 2 contained in the staff report to the Committee of Adjustment, dated January 10, 2024). Motion Lost Moved by Omar Ha-Redeye Seconded by Denise Rundle That application P/CA 52/23 by OPB Reality Inc., be Refused on the grounds that the requested variance is not minor in nature and for the reasons outlined in the minutes of this hearing. Carried Vote: Omar Ha-Redeye in favour Denise Rundle in favour Sakshi Sood Joshi opposed Rick Van Andel opposed Sean Wiley in favour Committee of Adjustment Hearing Minutes Wednesday, January 10, 2024 7:00 pm Electronic Hearing Page 6 of 6 7. Adjournment Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the 1st hearing of the 2024 Committee of Adjustment be adjourned at 8:04 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 February 14, 2024 Original Signed By Original Signed By