HomeMy WebLinkAboutMarch 17, 2026Committee of Adjustment
Hearing Minutes
Electronic Meeting
March 11, 2026
07:00 PM
Present
Omar Ha-Redeye – Vice-Chair
Denise Rundle
Sakshi Sood Joshi
Rick Van Andel
Sean Wiley – Chair
Also Present
Deborah Wylie, Secretary-Treasurer
Jasmine Correia, Assistant Secretary-Treasurer
Nilissa Reynolds, Assistant Secretary-Treasurer – Host
Kerry Yelk, Senior Planner, Zoning
Ash Roy, Planner I
Figo Pham, Zoning Technician
Land Acknowledgment Statement
Disclosure of Interest
Rick Van Andel - MV 24/26 - 1640 Kingston Road
Rick Van Andel declared an indirect pecuniary interest regarding MV 24/26.
Adoption of Agenda
Moved By Rick Van Andel
Seconded By Sakshi Sood Joshi
That the agenda for the Wednesday, March 11, 2026 hearing be adopted.
Carried Unanimously
1.
2.
2.1
3.
1
Adoption of Minutes
Moved By Sakshi Sood Joshi
Seconded By Rick Van Andel
That the minutes of the 2nd hearing of the Committee of Adjustment held Wednesday,
February 11, 2026 be adopted.
Carried Unanimously
Draft Committee of Adjustment Hearing Minutes - February 11, 2026
Minor Variance Reports
MV 13/26 - 1800 Brock Road
Suncor Energy Inc.
The applicant requests relief from Zoning By-law 8149/24 to permit:
a minimum setback of any building or structure, except a sign, from a front lot
line shall be 8.5 metres, whereas the By-law requires a minimum setback of
10.0 metres from a front lot line; (staff has determined that this variance is
not required)
•
a loading space in the front yard, whereas the By-law requires that no loading
space shall be permitted in the front yard of any zone;
•
a loading space to not abut the building for which the loading space is
provided, whereas the By-law requires a loading space to abut the building for
which the loading space is provided; and
•
a Restaurant Drive-through Take Out to provide food and drinks for retail sale
for immediate consumption on-site and off-site, with indoor and outdoor
seating areas, whereas the By-law requires a Restaurant drive-through
takeout to provide light refreshment to customers in vehicles for consumption
elsewhere.
•
The applicant requests approval of these variances to obtain Site Plan Approval for
the construction of a new gas station facility (Petro-Canada) with a convenience
store and drive-through/take out restaurant (A&W).
Input from other sources was received from the Applicant, City’s Engineering
Services, the City’s Building Services Section, and one area resident.
4.
4.1
5.
5.1
Committee of Adjustment Hearing Minutes
March 11, 2026
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In support of the application, the applicant identified the following:
The canopy cannot be relocated. The location of the canopy allows for the
efficient placement of the fire route and parking in front of the main building
without encroaching on the rear yard setbacks.
•
The loading space cannot be relocated. Enhanced Landscaping has been
Provided Around the Loading Space.
•
Through the Site Plan Application Process, Planning Staff have been
supportive of indoor and outdoor seating areas.
•
Blair Gagnon, 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.
A Committee member commented that the applicant's presentation addressed any
concerns raised by area residents, the landscaping will provide screening for the
drive through, the change of restaurants will reduce traffic to the site, the layout of
the drive-through and EarthBins are complimentary to the development of the land,
as such, Rick Van Andel moved the following motion:
Moved By Rick Van Andel
Seconded By Sakshi Sood Joshi
That application MV 13/26 by Suncor Energy Inc., 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:
That these variances apply only to the drive-through restaurant, convenience
store, and gas pump structure as generally sited and outlined on the
applicant’s submitted plans (refer to Attachments 2 & 3 contained in the staff
report to the Committee of Adjustment, dated March 11, 2026).
1.
That the requested variances related to the front yard apply only to the front
yard facing Brock Road.
2.
That the requested variance related to the definition of “Restaurant Drive-
through Take Out” applies only to the proposed restaurant.
3.
Carried Unanimously
Committee of Adjustment Hearing Minutes
March 11, 2026
3
MV 21/26 - 1970 Brock Road
Brock and Kingston Holdings Inc.
The applicant requests relief from Zoning By-law 3036, as amended by By-law
2212/86 to permit a “Restaurant-Type D" which shall mean a building or part of
building which food is prepared and offered or kept for retail sale to the public for
immediate consumption on the premises, and which may include an accessory
takeout component, and a drive-through facility, whereas the By-law permits a
“Restaurant-Type D" which shall mean a building or part of building where food is
prepared and offered or kept for retail sale to the public for immediate consumption
on the premises, and which may include an accessory takeout component.
The applicant requests approval of this minor variance application to permit a
restaurant use with drive-through facility component.
Merve Kolcak, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
The agent confirmed they have read the report and agree with the recommendation
for tabling.
Moved By Denise Rundle
Seconded By Omar Ha-Redeye
That application MV 21/26 by Brock and Kingston Holdings Inc., be Tabled to allow
for the applicant to prepare and submit a Traffic Report addressing concerns related
to drive-through queuing.
Carried Unanimously
MV 24/26 - 1640 Kingston Road
Highmark (Pickering) Inc.
Rick Van Andel declared a conflict on this item. ( Rick Van Andel declared an
indirect pecuniary interest regarding MV 24/26. )
In order to avoid a tie vote, Sean Wiley recused himself from voting on this item.
The applicant requests relief from Zoning By-law 3036, as amended by By-law
7860/21, to permit:
5.2
5.3
Committee of Adjustment Hearing Minutes
March 11, 2026
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a daycare centre as an additional use, whereas the By-law only permits an
apartment building use;
•
a maximum number of dwelling units: 350 units, whereas the By-law requires
a maximum number of dwelling units: 346 units;
•
a minimum indoor amenity space of 380 square metres, whereas the By-law
requires a minimum indoor amenity space of 500 square metres;
•
a maximum height of 56 metres (17 storeys), whereas the By-law requires a
maximum height of 56 metres (16 storeys) (refer to Attachment 8); and
•
five residential parking spaces to be located at grade, whereas the By-law
requires all residential parking spaces shall be provided within a below grade
parking structure.
•
The applicant requests approval of this minor variance application to facilitate the
construction of a residential apartment building.
Input from other sources was received from the Applicant, City’s Engineering
Services, the City’s Building Services Section, and one area resident.
In support of the application, the applicant has submitted a Planning Rationale in
support of this application. Please contact the City Development Department to
receive a copy at citydev@pickering.ca.
Rachelle Larocque, 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.
In response to a question from a Committee member, the agent stated the daycare
could accommodate roughly 40-50 children; the condominium tenants would have
priority for childcare enrollment; and the daycare space will be around 210 square
metres.
A Committee member commented that the daycare would be a complimentary use
for the area.
After reading the staff report and finding the variances to be minor in nature, Denise
Rundle made the following motion:
Moved By Denise Rundle
Committee of Adjustment Hearing Minutes
March 11, 2026
5
That application MV 24/26 by Highmark (Pickering) Inc., 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:
That these variances apply only to the residential apartment building, as
generally sited and outlined on the applicant’s submitted plans (refer to
Attachments 2, 3, 4, 5, 6, 7 & 8 contained in the staff report to the Committee
of Adjustment, dated March 11, 2026).
1.
Carried Unanimously
Consent (Land Division) Reports
LD 02/26 to LD 05/26 and MV 14/26 to MV 17/26 - 145 & 151 Twyn Rivers
Drive
14532970 Canada Inc. & 14513703 Canada Inc.
The applicant is requesting to establish a total of four lots to facilitate the
development of four detached dwellings.
LD 02/26
Consent to add a 346.5 square metre residential parcel of land to the east, retaining
a 1,060.1 square metre residential parcel of land.
LD 03/26
Consent to add a 353.2 square metre residential parcel of land to the west, retaining
a 1,385.1 square metre residential parcel of land.
LD 04/26
Consent to add a 353.5 square metre residential parcel of land to the east, retaining
a 1,059.9 square metre residential parcel of land.
LD 05/26
Consent to add a 353.5 square metre residential parcel of land to the west, retaining
a 1,385.1 square metre residential parcel of land.
6.
6.1
Committee of Adjustment Hearing Minutes
March 11, 2026
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The applicant requests relief from Zoning By-law 8149/24, to permit:
MV 14/26 – (Parts 8 & 3)
a minimum lot frontage of 15.0 metres, whereas the By-law requires a
minimum lot frontage of 18.0 metres;
•
a minimum exterior side yard setback of 2.1 metres, whereas the By-law
requires a minimum side yard setback of 4.5 metres;
•
a minimum front yard setback of 7.5 metres, whereas the By-law requires a
minimum front yard setback of 28.3 metres;
•
a maximum dwelling height of 9.8 metres, whereas the By-law requires a
maximum dwelling height of 9.0 metres;
•
a porch to encroach 22.6 metres into the required front yard setback, whereas
the By law requires a porch to encroach into any required setback to a
maximum of 2.0 metres; and
•
a bay window to encroach 19.1 metres into the required front yard setback,
whereas the By law requires a bay window to encroach into any required
setback to a maximum of 0.6 metres.
•
MV 15/26 – (Parts 9 & 4)
a minimum lot frontage of 15.2 metres, whereas the By-law requires a
minimum lot frontage of 18.0 metres;
•
a minimum side yard setback of 1.2 metres, whereas the By-law requires a
minimum side yard setback of 1.8 metres; and
•
eaves to project 1.1 metres into the minimum required 1.8 metre side yard
setback, whereas the By-law requires eaves encroachment of 0.6 metres into
the required setback.
•
MV 16/26 – (Parts 10 & 5)
a minimum lot frontage of 15.2 metres, whereas the By-law requires a
minimum lot frontage of 18.0 metres;
•
a minimum side yard setback of 1.2 metres, whereas the By-law requires a
minimum side yard setback of 1.8 metres; and
•
eaves to project 1.1 metres into the minimum required 1.8 metre side yard
setback, whereas the By-law requires eaves encroachment of 0.6 metres into
the required setback.
•
Committee of Adjustment Hearing Minutes
March 11, 2026
7
MV 17/26 – (Parts 11 & 6)
a minimum lot frontage of 15.2 metres, whereas the By-law requires a
minimum lot frontage of 18.0 metres;
•
a minimum side yard setback of 1.2 metres, whereas the By-law requires a
minimum side yard setback of 1.8 metres;
•
a minimum front yard setback of 9.5 metres, whereas the By-law requires a
minimum front yard setback of 35.3 metres;
•
eaves to project 1.1 metres into the minimum required 1.8 metre side yard
setback, whereas the By-law requires eaves encroachment of 0.6 metres into
the required setback;
•
a porch to encroach 27.2 metres into the required front yard setback, whereas
the By-law requires a porch to encroach into any required setback to a
maximum of 2.0 metres; and
•
two bay windows to encroach 0.3 metres into the non-complying setback of
9.5 metre and 9.8 metre, whereas the By-law requires a bay window to
encroach into any required setback to a maximum of 0.6 metres.
•
Input from other sources was received from the Applicant, City’s Engineering
Services, the City’s Building Services Section, the Region of Durham Planning &
Economic Department and the Works Department, CN Proximity, and three area
residents.
In support of the applications, the applicant submitted a Cover Letter in support of
this application. Please contact the City Development Department to receive a copy
of this letter at citydev@pickering.ca.
Nadeem Irfan and Amer Nisar, agents, were present to represent the applications.
No further representation was present in favour of or in objection to the applications.
In support of the applications the agent stated that they have improved their
applications since being heard at a 2024 Committee of Adjustment hearing, which
resulted in refusal. They have exceeded the lot area requirements. The four houses
are proposed to be single-family dwellings. The front yard setback variance would
be required whether they build one house or three, it is a technical variance and not
a result of lot creation. The subject property does not have an
existing neighbourhood pattern; it is a mix of commercial and residential with
different frontages and setbacks. The four lots being proposed would create
consistency. There will be ample amenity space in the back yard and landscaping in
the front yard, and room for servicing between the houses. If the applicant changed
the proposal to three homes rather than four, the lot area would double, and it would
Committee of Adjustment Hearing Minutes
March 11, 2026
8
not be good use of the land. The intent is to introduce additional detached homes
that fit with the context of the area. They believe the applications are minor in
nature.
In response to a question from a Committee member the agent advised they waived
staff’s suggestion to table the application to address the road widening issue with
Engineering Services because the applicant had been waiting a long time to
complete this project, and they are positive they can construct a good home even
after conveying the land for road widening.
A Committee member commented that there is a deficiency in these applications as
road widening has not been accounted for.
The Secretary-Treasurer commented that should these applications be approved
the applicant will need to enter into a development agreement conveying land to the
City for the road widening and that the draft reference plans will need to be revised
to include the road widening. The figures on page 6 of the report does not
incorporate the 3.0 metre widening and could possibly result in further variances.
In response to the Secretary-Treasurer a Committee member commented that the
application before them does not reflect the correct dimensions and needs to be
revised.
A Committee member commented that the four proposed houses are not consistent
with lotting arrangements on Woodview Drive, where the lots are unique with large
frontages. Putting four uniform houses with all the same frontages does not align
with the established neighbourhood.
The agent commented that they are the first lot on the street, to the north of the
property has smaller lots, the east has a convenience store, and on the other side
has larger homes. There is no uniformity in the area.
The agent requested the applications be Tabled.
Moved By Omar Ha-Redeye
Seconded By Rick Van Andel
That applications LD 02/26 to LD 05/26 by 14532970 Canada Inc. & 14513703
Canada Inc., be Tabled at the request of the applicant.
Carried Unanimously
Committee of Adjustment Hearing Minutes
March 11, 2026
9
Moved By Omar Ha-Redeye
Seconded By Rick Van Andel
That applications MV 14/26 to MV 17/26 by 14532970 Canada Inc. & 14513703
Canada Inc., be Tabled at the request of the applicant.
Carried Unanimously
LD 06/26 & LD 07/26 and MV 18/26 to MV 20/26 - 235 Twyn Rivers Drive
15881943 Canada Inc.
The applicant is requesting to establish a total of 3 lots to facilitate the development
of three detached dwellings.
LD 06/26
Consent to sever a 737.6 square metre residential parcel of land (Part 2), retaining
a 737.6 square metre residential parcel of land (Part 1).
LD 07/26
Consent to sever a 737.6 square metre residential parcel of land (Part 3), retaining
a 737.6 square metre residential parcel of land (Part 1).
The applicant requests relief from Zoning By-law 8149/24, to permit:
MV 18/26 – (Retained Parcel – Part 1)
a minimum side yard setback of 1.5 metres, whereas the By-law requires a
minimum side yard setback of 1.8 metres; and
•
a minimum lot frontage of 14.2 metres, whereas the By-law requires a
minimum lot frontage of 18.0 metres.
•
MV 19/26 – (Severed Parcel – Part 2)
a minimum side yard setback of 1.5 metres, whereas the By-law requires a
minimum side yard setback of 1.8 metres; and
•
a minimum lot frontage of 14.2 metres, whereas the By-law requires a
minimum lot frontage of 18.0 metres.
•
MV 20/26 – (Severed Parcel – Part 3)
6.2
Committee of Adjustment Hearing Minutes
March 11, 2026
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a minimum side yard setback of 1.5 metres, whereas the By-law requires a
minimum side yard setback of 1.8 metres; and
•
a minimum lot frontage of 14.2 metres, whereas the By-law requires a
minimum lot frontage of 18.0 metres.
•
Input from other sources was received from the Applicant, City’s Engineering
Services, the City’s Building Services Section, the Region of Durham Planning &
Economic Department and the Works Department, Toronto & Region Conservation
Authority, CN Proximity, and four area residents.
In support of the applications, the applicant submitted a Cover Letter in support of
this application. Please contact the City Development Department to receive a copy
of this letter at citydev@pickering.ca.
Paul Demczal, agent, was present to represent the applications. No further
representation was present in favour of or in objection to the applications.
The agent made a brief presentation in support of the applications.
The Secretary-Treasurer read out resident comments in objection to the
applications that were submitted to the City during the hearing.
In response to the comments, the agent stated this is a privately owned property, it
is not owned by the school. The houses being proposed now are smaller than their
previous proposal and would have less of an impact to the abutting neighbours.
In response to a question from a Committee member, the agent confirmed that
there will be a 3.0 metre road widening on Twyn Rivers Drive and that it is shown on
the site plan.
Moved By Denise Rundle
Seconded By Omar Ha-Redeye
That applications LD 06/26 & LD 07/26 by 15881943 Canada Inc., be Approved as
applied for, as it generally complies with all applicable plans and policies, subject to
the conditions outlined within Attachments 4, 5, 6, 7 & 8.
Carried Unanimously
Moved By Denise Rundle
Seconded By Omar Ha-Redeye
Committee of Adjustment Hearing Minutes
March 11, 2026
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That applications MV 18/26 to MV 20/26 by 15881943 Canada Inc., 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:
That these variances apply only to the retained lot (Part 1) and severed lots
(Parts 2 & 3) and the proposed development, as generally sited and outlined
on the applicant’s submitted plans (refer to Attachment 3 contained in the staff
report to the Committee of Adjustment, dated March 11, 2026).
1.
That the applicant obtains final clearance for Consent Applications LD 06/26
& LD 07/26 by March 11, 2028, or this decision shall become null and void.
2.
Carried Unanimously
Adjournment
Moved By Omar Ha-Redeye
Seconded By Sakshi Sood Joshi
That the 3rd hearing of the 2026 Committee of Adjustment be adjourned at 8:25 pm.
Carried Unanimously
Minutes recorded on this 11th day of March 2026.
Minutes adopted the 8th day of April 2026.
______________________________
Chair
______________________________
Assistant Secretary-Treasurer
7.
Committee of Adjustment Hearing Minutes
March 11, 2026
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