HomeMy WebLinkAboutApril 10, 2024Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing
Page 1 of 10
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 Rick Van Andel Seconded by Omar Ha-Redeye
That the agenda for the Wednesday, April 10, 2024 hearing be adopted.
Carried Unanimously
3. Adoption of Minutes
Moved by Sakshi Sood Joshi Seconded by Rick Van Andel
That the minutes of the 3rd hearing of the Committee of Adjustment held Wednesday, March 13, 2024 be adopted.
Carried Unanimously
Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing
Page 2 of 10
4. Minor Variance Reports
4.1 MV 02/24 J. Gunaratnam
1907 Glengrove Road
The applicant requests relief from Zoning By-law 3036, as amended by By-laws
7874/21 and 7902/22 to permit:
• a maximum dwelling depth of 24.5 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;
• a maximum lot coverage of 31.5 percent, whereas the By-law permits a maximum lot coverage of 25 percent; and
• a maximum dwelling height of 9.2 metres, whereas the By-law permits a maximum
dwelling height of 9.0 metres (withdrawn by the applicant at the hearing)
The applicant requests approval of this minor variance application to facilitate the construction of a two-storey detached dwelling.
Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section and five area residents.
In support of the application, the applicant identified that the proposed dwelling is
suitable for the size of the lot.
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 made a brief presentation in support of the application.
The agent responded to questions from Committee members regarding the character of
the neighbourhood, scale and massing of the proposal and reasons as to why the proposal requires deviation from the Zoning By-law.
Moved by Rick Van Andel
That variances to the maximum dwelling height and maximum lot coverage from application MV 02/24 by J. Gunaratnam, 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:
Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing
Page 3 of 10
1. That these 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, 8 & 9 contained in the staff report to the Committee of Adjustment, dated April 10,
2024).
Motion Lost
Based on the report by Planning staff in relation to the dwelling depth, the variances requested do not comply with the current neighbourhood character and the requested variances are not desirable for the appropriate development of the land, Denise Rundle
moved the following motion:
Moved by Denise Rundle Seconded by Omar Ha-Redeye
That application MV 02/24 by J. Gunaratnam, be Refused on the grounds that the requested variances are not minor in nature, not desirable for the appropriate
development of the land, and not in keeping with the general intent and purpose of the Official Plan and the Zoning By law.
Carried
Vote:
Omar Ha-Redeye in favour
Denise Rundle in favour Sakshi Sood-Joshi in favour Rick Van Andel opposed Sean Wiley in favour
4.2 MV 13/24
P. Imreibe 723 Victory Drive
The applicant requests relief from Zoning By-law 2511, as amended by By-laws
7610/18, 7872/21, 7873/21, and 7900/22, to permit:
• an accessory building (shed) with a maximum height of 3.9 3.65 metres, whereas the By-law permits a maximum height of 3.5 metres for accessory buildings within
any residential zone; (revised by the applicant at the hearing)
• a total lot coverage of 6.2 percent for all accessory buildings, whereas the By-law permits a total lot coverage of 5 percent for all accessory buildings excluding private detached garages;
Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing
Page 4 of 10
• a minimum rear yard setback of 1.0 metre to an accessory building (shed), whereas the By-law requires a rear yard setback of 3.0 metres to detached
garages and accessory buildings on a corner lot;
• a minimum flankage yard setback of 1.0 metre and a minimum rear yard setback of 1.0 metre to an accessory building (shed), whereas the By-laws requires a minimum flankage yard setback of 7.5 metres and a rear yard setback of
3.0 metres for an accessory building erected on the rear yard of a corner lot; and
• a minimum flankage yard setback of 3.0 metres to the existing carport, whereas the By-law requires a minimum flankage yard setback of 4.5 metres.
The applicant requests approval of this minor variance application to obtain a building
permit for the construction of a storage shed.
Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section and one area resident.
In support of the application, the applicant identified that building a shed on the corner of the backyard is practical for several reasons. Firstly, it ensures that it doesn't obstruct
the patio or intrude on the neighbors' space, maintaining harmony for east and north neighbor. Has patio stones and gas lines going to the middle of the backyard for BBQ. Secondly, it provides a designated area for storing belongings, especially pertinent if lacking a garage. A shed efficiently utilizes space while addressing storage needs, enhancing the functionality and organization of the property.
Peter Imreibe, applicant and Hamid Hemati, agent, were present to represent the application. One area resident was present in objection to the application.
The agent made a brief presentation in support of the application. An area resident shared the following concerns in objection to the application: property drainage as a result of a concrete pad placed closed to the property line; the size and
height of the proposed shed; and the potential commercial use of the proposed shed.
The applicant and agent responded to questions from Committee members regarding the concrete pad placed on the property; intended use of the shed; the drainage; plans for screening.
Moved by Denise Rundle
Seconded by Rick Van Andel
That application MV 13/24 by P. Imreibe, 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:
Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing
Page 5 of 10
1. That the variance applies only to the proposed development (storage shed), 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 April 10,
2024).
2. That prior to the issuance of a building permit, appropriate screening, such as privacy fencing and plantings, be provided by the applicant for the proposed storage shed, to the satisfaction of the City Development Department.
Carried Unanimously
4.3 MV 21/24 1000111616 Ontario Limited 1030 Salk Road
The applicant requests relief from Zoning By-law 2511, as amended, to permit:
• minimum side yard setback of 1.5 metres, whereas the By-law requires a minimum side yard setback of 4.5 metres;
• side yard parking no closer than 1.5 metres from the (south) side lot line and 1.5 of a metre on the (north) side lot line, whereas the By-law requires side yard parking to be permitted no closer than 7.5 metres from the side lot line on one side and 1.5 metres on the other side; and
• notwithstanding the office and industrial parking requirements, the minimum parking requirement for the proposed building shall be 1 space per 117 square metres of gross floor area, whereas the By-law requires a minimum parking requirement for an industrial use shall be 1 space per 56 square metres of gross floor area and a minimum parking requirement for an office use shall be 5 spaces
per 93 square metres.
The applicant requests approval of this minor variance application to facilitate Site Plan Approval (S 02/23) for two 3-storey industrial warehouse buildings having a combined gross floor area of 17,694 square metres.
Input from other sources were received from the Applicant, City’s Engineering Services
and the City’s Building Services Section.
In support of the application, the applicant submitted a cover letter and Traffic Impact Study for the Committee’s review.
Neelo Hussainzada, applicant and Rachelle Larocque, agent, were 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, April 10, 2024 7:00 pm Electronic Hearing
Page 6 of 10
The agent made a brief presentation in support of the application.
The agent responded to questions from Committee members regarding the nature of tenants expected to occupy the space; potential number of employed persons on-site;
and the unique geographic features of the lot.
Moved by Rick Van Andel Seconded by Omar Ha-Redeye
That application MV 21/24 by 1000111616 Ontario Limited, 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 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 April 10, 2024).
2. That 51 temporary parking spaces are permitted within the proposed right-of-way, as generally sited and outlined on the applicant’s submitted plans, until the future right-of-way is conveyed to the City (refer to Exhibit 2 contained in the staff report to the Committee of Adjustment, dated April 10, 2024).
Carried Unanimously
5. Consent Reports
5.1 LD 01/24 & MV 19/24 A. Turner & L. Warwick 851 Oklahoma Drive
The applicant is proposing to sever a 570.12 square metre parcel of land (Part 1), retaining a 561.7 square metre parcel of land (Part 2). The existing dwelling is proposed to be retained on the retained parcel.
Part 3 and Part 4 will be conveyed to the City for public ownership, where Part 3
represents a 5.0 metre corner rounding to be established as a public highway and Part 4 represents a 0.3 metre reserve. The purpose of the reserve is to restrict access to Oklahoma Drive.
Bob Martindale, 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, April 10, 2024 7:00 pm Electronic Hearing
Page 7 of 10
In response to questions from Committee members the Secretary-Treasurer confirmed a new notice will be circulated to recognize the rounding and additional variance and can be accommodated by City staff for the May 8, 2024 hearing.
Moved by Denise Rundle Seconded by Rick Van Andel
That application LD 01/24 & MV 19/24 by A. Turner & L. Warwick, be Deferred to the May 8, 2024 Committee of Adjustment Hearing to allow the applicant to address the zoning non-compliance that is generated for severed lot due to the conveyance of the
0.3 metre reserve.
Carried Unanimously
5.2 LD 02/24 to LD 04/24 G. Edmiston 1279 & 1281 Commerce Street
LD 02/24
The purpose of the application is to permit the severance of a 508.3 square metre residential parcel of land (Parts 2 and 5 on Draft 40-R Plan), retaining a 1,149.1 square
metre residential parcel of land (Parts 3, 4, 6, 7, and 8 on Draft 40-R Plan) as outlined on Exhibit 2.
LD 03/24
The purpose of the application is to permit the severance of a 359.4 square metre residential parcel of land (Parts 3 and 6 on Draft 40-R Plan), retaining a 789.7 square
metre residential parcel of land (Parts 4, 7 and 8 on Draft 40-R Plan), as outlined on Exhibit 3.
LD 04/24
The purpose of the application is to permit the severance of a 405.6 square metre residential parcel of land (Parts 4 and 7 on Draft 40-R Plan), retaining a 384.1 square
metre residential parcel of land (Part 8 on Draft 40-R Plan), as outlined on Exhibit 4.
The effect of the applications is to create three new vacant residential lots and retain a vacant residential lot, any existing buildings and structures on the subject lands are to be removed.
Input from other sources were received from the Applicant, City’s Engineering Services,
City’s Building Services Section, the Region of Durham, and the Toronto and Region Conservation Area (TRCA).
Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing
Page 8 of 10
The agent confirmed receipt of the report and recommendations and has no objection to either.
The agent responded to questions from Committee members regarding the current
ownership of lands and affordable housing opportunities.
Bob Martindale, agent, was present to represent the application. No further representation was present in favour of or in objection to the application.
Moved by Denise Rundle Seconded by Sakshi Sood Joshi
That application LD 02/24 to LD 04/24/24 by G. Edmiston, be Approved, subject to the following:
Conditions
1. That the applicant satisfies the requirements of the City Development Department’s Appendix I to staff report to Committee of Adjustment, dated April 10,
2024.
2. That the applicant satisfies the requirements of the City Engineering Services Department’s Memo dated April 3, 2024.
3. That the applicant satisfies the requirements of the Regional Planning and Economic Development Department’s letter dated April 4, 2024.
4. That the applicant satisfies the requirements of the Regional Works Department’s letter dated April 4, 2024.
5. That, to the satisfaction of the Secretary-Treasurer the applicant satisfies the requirements of approval for LD 02/24 to LD 04/24.
6. That applications LD 02/24, LD 03/24 and LD 04/24 be completed in sequential
order. A solicitor’s undertaking in this regard is sufficient.
7. That the applicant submit two copies of a registered plan on the subject parcel.
8. That the consent be subject to the following periods:
• Last day for fulfilling Conditions is April 10, 2026.
• Expiry Date of Applications LD 02/2024, LD 03/24 and LD 04/24 is May 11, 2026.
Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing
Page 9 of 10
Clearing Agencies
9. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City
Planning Department that Conditions #1 and #5 have been carried out to its satisfaction.
10. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City Engineering Services Department that Condition #2 has been carried out to its
satisfaction.
11. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the Regional Planning and Economic Development Department that Condition #3 has been carried out to its satisfaction.
12. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by Regional Works Department that Condition #4 has been carried out to its satisfaction.
13. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be satisfied that the time periods
outlined in Condition #8 have been adhered to.
Advisory Comments
1. Once all conditions contained in the Committee's Decision are fully satisfied by the applicant, the applicant’s solicitor must prepare and forward the legal document(s) with the applicable stamping fee to the City of Pickering Committee of Adjustment
office, to the attention of the Secretary-Treasurer for review and approval with stamping. The document(s) will be returned to the solicitor for registration purposes. Failing receipt by the Secretary-Treasurer of the Deed Package by the requisite date, the application shall be deemed expired and shall lapse.
Carried Unanimously
Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing
Page 10 of 10
April 10, 2024
6.Adjournment
Moved by Sakshi Sood JoshiSeconded by Omar Ha-Redeye
That the 4th hearing of the 2024 Committee of Adjustment be adjourned at 8:31 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
Original Signed By
Original Signed By