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HomeMy WebLinkAboutMarch 12, 2025Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 1 of 13 Present Omar Ha-Redeye Denise Rundle – Vice-Chair 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, Planner II Ash Roy, Planner I Absent Not applicable. 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the agenda for the Wednesday, March 12, 2025 hearing be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the minutes of the 2nd hearing of the Committee of Adjustment held Wednesday, February 12, 2025 be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 2 of 13 4. Minor Variance Reports 4.1 MV 06/25 E. & J. Hansen 3635 Westney Road The applicant requests relief from Zoning By-law 8149/24, to permit a minimum (south) side yard setback of 1.2 metres, whereas the By-law requires a minimum side yard of 1.8 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct an attached private garage. 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 identified that placement of garage addition is to line up garage entrance with existing driveway. Vladimir Bulakh, 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 applicant is seeking relief to permit a 1.2 metre side yard setback in order to align the garage entrance to the driveway. The garage will not cause a shadow for the neighbour. In response to questions from a Committee member, the agent confirmed that the following: the tree will be preserved; the garage will not be used as a living space, the applicant will be using it for storage and as a workshop; and that they are aware of the recommended MZO condition and the Building comments regarding an ADU. Moved by Denise Rundle Seconded by Sakshi Sood Joshi That application MV 06/25 by E. & J. Hansen, 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 this variance applies only to the proposed addition (garage), 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 March 12, 2025). Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 3 of 13 2. That prior to the issuance of a Building Permit, the owner obtains appropriate approvals from the Ministry of Municipal Affairs and Housing to amend the Minister’s Zoning Order – Regulation Number 102/72, as amended by O. Reg 852/81. 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 07/25 C. Antonakes 1848 Appleview Road The applicant requests relief from Zoning By-law 8149/24 to permit: • a maximum dwelling depth of 26.5 metres, whereas the By-law permits a maximum of 20.0 metres; • a maximum front yard setback of 20.8 metres, whereas the By-law permits a maximum of 15.46 metres; • a minimum side yard setback of 2.4 metres, whereas the By-law requires a minimum of 3.0 metres; • a maximum accessory structure height of 4.1 metres, whereas the By-law permits a maximum height of 3.5 metres; • a maximum accessory structure lot coverage of 7 percent, whereas the By-law permits a maximum of 5 percent; and • an exterior entrance encroachment into the side yard with a minimum setback of 0.3 of a metre, whereas the By-law requires a minimum of 0.9 of a metre. The applicant requests approval of this minor variance application to obtain a building permit for the construction of a dwelling and a pavilion. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Toronto and Region Conservation Area (TRCA) and one are resident. Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 4 of 13 In support of the application, the applicant identified that the requested minor variances are minor in nature and consistent with the newer developments on the street. Constantina Nina Antonakes, applicant, and Sarah Molinaro, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The agent commented the following in support of the application: variances are minor and consistent with newer developments on the street; the structure is intended to be a residential accessory outdoor structure; very large property and depth; noise complaints are governed by the Noise By-law; pavilion will have two open sides and two closed sides; and the grade of the property dips towards the rear yard. In response to questions from Committee members, the agent stated the following: there will be two bathrooms in the pavilion and it is not intended to be used as an accessory dwelling unit; there are a lot of trees in the rear to block the view and noise from the pavilion; the lot is excessively large; they were told by Building Services that if this was approved this would be the only accessory structure allowed on the property, therefore they are looking to get the most out of this structure. A Committee member commented that the rear yard is very deep and private, the distance from rear of the house that backs onto this property to the shared property line is 300 feet. The property to the south has a large accessory building that is 60 feet long. In response to a question from a Committee member, the Secretary-Treasurer clarified that the maximum lot coverage for accessory structures is five percent, seeking a seven percent coverage may prevent any other additionally structures. Moved by Rick Van Andel That application MV 07/25 by C. Antonakes, 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 Bylaw, subject to the following condition: 1. That these variances apply only to the dwelling and pavilion, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11 contained in the staff report to the Committee of Adjustment, dated March 12, 2025) Motion Lost Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 5 of 13 Moved by Denise Rundle Seconded by Omar Ha-Redeye That the variances for the dwelling depth, front yard setback, side yard setback, and exterior entrance encroachment in application MV 07/25 by C. Antonakes, 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 dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). And That the variances for the maximum accessory structure height and maximum accessory structure lot coverage in application MV 07/25 by C. Antonakes, 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 4.3 MV 08/25 S. Afzal 1156 Caliper Lane The applicant requests relief from Zoning By-law 8149/24 to permit stairs to a porch or deck to encroach to within 0.9 of a metre of an interior side lot line, whereas the By-law permits stairs to a porch or deck to encroach to within 0.6 of a metre of an interior side lot line. The applicant requests approval of the requested variance to obtain a building permit to construct a side yard entrance. Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 6 of 13 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 identified that due to limited space on the opposite side of the house, creating an additional entrance there isn’t feasible. Installing a side door is essential to manage guest access and preserve privacy by avoiding the main entrance. Sameer Afzal, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant confirmed that there are no plans for a second suite. Moved by Omar Ha-Redeye Seconded by Rick Van Andel That application MV 08/25 by S. Afzal, 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 this variance applies only to the side yard entrance and associated steps, 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 March 12, 2025). 2. That the purpose of this side entrance is not for an Accessory Dwelling Unit. Carried Unanimously 4.4 MV 13/25 Durham Catholic District School Board 2460 Hibiscus Drive The applicant requests relief from Zoning By-law 8149/24, to permit a maximum front yard setback of 5.2 metres, whereas the By-law permits a maximum front yard setback of 4.5 metres. The applicant requests approval of this minor variance application to obtain a building permit for a two-storey elementary school. Input from other sources were received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 7 of 13 In support of the application, the applicant identified that the school’s right-angle design contrasts with the irregular street grid, causing a non-compliant 5.2m setback at the northeast corner. This wider setback allows for a retaining wall, storm sewer, and better sightlines. Scott Grieve, applicant, and Bob Ferkul, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Omar Ha-Redeye Seconded by Rick Van Andel That application MV 13/25 by Durham Catholic District School Board, 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 the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). Carried Unanimously 4.5 MV 15/25 J. McBride 3230 North Road The applicant requests relief from Zoning By-law 8149/24, to permit a porch to encroach into any required setback to a maximum of 6.7 metres, whereas the By-law permits a porch to encroach into any required setback to a maximum of 2.0 metres. The applicant requests approval of the variance to obtain a building permit to construct a porch on an existing heritage dwelling. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section, and City’s Heritage Planning. In support of the application, the applicant identified that the proposed development aims to restore and revitalize an existing deteriorated heritage home while preserving its character. In collaboration with Heritage Planner Matthew Somerville, all heritage permit requirements have been met. Although the dwelling is legal non-conforming under the current by-law, formal approval is sought for the proposed reduced setback. Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 8 of 13 John McBride, applicant, and Phil Lamadeleine, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application MV 15/25 by J. McBride, 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 the front yard porch, 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 March 12, 2025). Carried Unanimously 4.6 MV 18/25 & MV 19/25 Claremont Developments Inc. 5050 & 5057 Franklin Street MV 18/25 – 5050 Franklin Street The applicant requests relief from Zoning By-law 8149/24, to permit a minimum of one parking space in an attached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.1 metres in length and shall have a minimum vertical clearance of 2.6 metres, whereas the By-law requires a minimum of one parking space in any attached or detached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.5 metres in length and shall have a minimum vertical clearance of 2.6 metres. MV 19/25 – 5057 Franklin Street The applicant requests relief from Zoning By-law 8149/24, to permit a minimum of one parking space in an attached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.1 metres in length and shall have a minimum vertical clearance of 2.6 metres, whereas the By-law requires a minimum of one parking space in any attached or detached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.5 metres in length and shall have a minimum vertical clearance of 2.6 metres. Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 9 of 13 The applicant requests approval of these minor variance applications to obtain building permits to construct a detached dwelling on each lot. Input from other sources were received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the applications, the applicant identified that floor plans were designed under former Parent By-law 3037, which did not contain interior parking space size regulations. Matthew Peticca, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent explained that the applications are required due to a recent change in the Zoning By-law. Moved by Sakshi Sood Joshi Seconded by Omar Ha-Redeye That applications MV 18/25 & MV 19/25 by Claremont Developments 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: 1. That these variances apply only to the detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). Carried Unanimously 4.7 MV 20/25 & MV 21/25 Claremont Developments Inc. 1756 & 1752 Samarillo Place MV 20/25 – 1752 Samarillo Place The applicant requests relief from Zoning By-law 8149/24, to permit a minimum of one parking space in an attached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.1 metres in length and shall have a minimum vertical clearance of 2.6 metres, whereas the By-law requires a minimum of one parking space in any attached or detached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.5 metres in length and shall have a minimum vertical clearance of 2.6 metres. Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 10 of 13 MV 21/25 – 1756 Samarillo Place The applicant requests relief from Zoning By-law 8149/24, to permit a minimum of one parking space in an attached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.1 metres in length and shall have a minimum vertical clearance of 2.6 metres, whereas the By-law requires a minimum of one parking space in any attached or detached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.5 metres in length and shall have a minimum vertical clearance of 2.6 metres. The applicant requests approval of these minor variance applications to obtain building permits to construct a detached dwelling on each lot. Input from other sources were received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the applications, the applicant identified that floor plans were designed under the former Parent By-law 3037, which did not contain interior parking space size regulations. Frankie Borgaina, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent explained that the applications are required due to a recent change in the Zoning By-law. Moved by Rick Van Andel Seconded by Omar Ha-Redeye That applications MV 20/25 & MV 21/25 by Claremont Developments 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: 1. That these variances apply only to the detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 11 of 13 5. Consent Reports 5.1 LD 01/25 J. Spring 1839 Pine Grove Avenue The applicant is proposing to sever a 1,152.6 square metre parcel of land (Part 1), retaining a 1,529.1 square metre parcel of land (Part 2). Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Region of Durham Community Growth and Economic Development and Works Departments. Tania Spring, 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 Rick Van Andel That application LD 01/25 by J. Spring, be Approved, with respect to Section 51(24) of the Planning Act criteria, subject to the conditions outlined within Appendices I, II and III. Carried Unanimously 5.2 LD 02/25, MV 09/25 & MV 10/25 GHR Investments Corp. & G. Torcivia 1494 Rosebank Road LD 02/25 The applicant is proposing to sever an 851.7 square metre parcel of land (Part 1), retaining a 937.4 square metre parcel of land (Part 2), creating one new lot. The existing dwelling is proposed to remain on Part 2. MV 09/25 – (Severed Parcel – Part 1) The applicant requests relief from Zoning By-law 8149/24, as it relates to the severed lot, to permit: • a maximum dwelling depth of 26.5 metres, whereas the By-law requires a maximum dwelling depth of 20.0 metres; • a maximum front yard setback of 12.7 metres, whereas the By-law permits maximum front yard setback of 9.3 metres; Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 12 of 13 • a maximum lot coverage of 34.5 percent, whereas the By-law requires a maximum lot coverage of 33.0 percent; and • minimum side yard setback: one side 1.4 metres and the other side 1.2 metres, whereas the By-law permits a minimum side yard setback: one side 1.5 metres and the other side 2.4 metres. MV 10/25 – (Retained Parcel – Part 2) The applicant requests relief from Zoning By-law 8149/24, as it relates to the retained lot, to permit: • minimum side yard setback: one side 1.5 metres and the other side 1.2 metres, whereas the By-law permits a minimum side yard setback: one side 1.5 metres and the other side 2.4 metres.; and • a maximum front yard setback of 13.95 metres, whereas the By-law permits maximum front yard setback of 13.41 metres. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Region of Durham Community Growth and Economic Development and Works Departments. In support of the applications, the applicant identified that the location of the property on a curved portion of the road means it is difficult in design to have a consistent building depth and setbacks. Cesare Gallo, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Due to the irregularity of the lot, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sakshi Sood Joshi That application LD 02/25 by GHR Investments Corp. & G. Torcivia, be Approved, with respect to Section 51(24) of the Planning Act criteria, subject to the conditions outlined within Appendices I, II and III. And That application MV 09/25 by GHR Investments Corp. & G. Torcivia, 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, March 12, 2025 7:00 pm Electronic Hearing Page 13 of 13 April 9, 2025 1.That these variances apply only to the severed lot (Part 1) and proposed development, as generally sited and outlined on the applicant’s submitted plan (refer to Exhibits 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). And That application MV 10/25 by GHR Investments Corp. & G. Torcivia, 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 these variances apply only to the retained lot (Part 2) and proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). Carried Unanimously 6.Adjournment Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the 3rd hearing of the 2025 Committee of Adjustment be adjourned at 8:06 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