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HomeMy WebLinkAboutMay 15, 2025Committee of Adjustment Hearing Minutes Thursday, May 15, 2025 7:00 pm Electronic Hearing Page 1 of 9 Present Denise Rundle – Vice-Chair Sakshi Sood Joshi Rick Van Andel 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 Figo Pham, Zoning Technician Absent Omar Ha-Redeye Sean Wiley – Chair 1. Disclosure of Interest Rick Van Andel declared a conflict of interest for Item 4.5, MV 32/25. Due to no quorum MV 32/25 will be deferred to the June 11, 2025 , Committee of Adjustment hearing. 2. Adoption of Agenda Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That the amended agenda for the Thursday, May 15, 2025, hearing be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Sakshi Sood Joshi Seconded by Rick Van Andel That the minutes of the 4th hearing of the Committee of Adjustment held Wednesday, April 9, 2025, be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Thursday, May 15, 2025 7:00 pm Electronic Hearing Page 2 of 9 4. Minor Variance Reports 4.1 MV 28/25 R. Muhammadi 360 Rosebank Road The applicant requests relief from Zoning By-law 8149/24, to permit a minimum side yard setback: one side (south) of 1.5 metres and the other side (north) of 1.8 metres, whereas the By-law requires a minimum side yard setback: one side 1.5 metres and the other side 2.4 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct an addition to an existing detached dwelling. Input from other sources was received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the application, the applicant identified that the By-law allows reduced side yards when a private garage is attached to a residential dwelling. Rafiq Muhammadi, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant stated that the plan is to add another bedroom on top of the garage so his mother can live with them. A Committee member commented that there is sufficient space between neighbours to negate any impact and the footprint looks to stay the same. Moved by Rick Van Andel That application MV 28/25 by R. Muhammadi, 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 this variance applies only to the proposed addition, 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 May 15, 2025 ). 2. Prior to the issuance of a Building Permit the applicant is to provide written acknowledgement that an Additional Dwelling Unit requires a total of three parking spaces located entirely on the lot and that an Additional Dwelling Unit is to be registered with the Building Services Department. Carried Unanimously Committee of Adjustment Hearing Minutes Thursday, May 15, 2025 7:00 pm Electronic Hearing Page 3 of 9 4.2 MV 29/25 M. Rahat 1340 Anton Square The applicant requests relief from Zoning By-law 8149/24, to permit; • an uncovered platform that may encroach to a maximum of 5.4 metres into the required rear yard setback, whereas the By-law requires a balcony, porch or uncovered platform may encroach into any required setback to a maximum of 2.0 metres or half the distance of the minimum required setback, whichever is less; and • a maximum lot coverage of 57.5 percent, whereas the By -law requires a maximum lot coverage of 40 percent. The applicant requests approval of this minor variance application in order to obtain a building permit for an existing deck and attached sunroom. Input from other sources was received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the application, the applicant identified that the existing sunroom and deck do not negatively affect neighboring properties and are in keeping with the character of the neighbourhood. Sazzad Hossain Rahat, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant commented that the house was purchased with the addition, the new owners were not aware that it was built without the benefit of a permit. After reading the report and making a site visit a Committee member noted that the structure is low to the ground and seems to have been constructed for some time now, it does not seem to impose on the neighbours. Moved by Rick Van Andel That application MV 29/25 by M. Rahat, 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 existing deck and attached sunroom, 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 May 15, 2025 ). Carried Unanimously Committee of Adjustment Hearing Minutes Thursday, May 15, 2025 7:00 pm Electronic Hearing Page 4 of 9 4.3 MV 30/25 T. Sakhi 624 Marksbury Road The applicant requests relief from Zoning By-law 8149/24 to permit: • a maximum additional dwelling unit height of 5.79 5.59 metres, whereas the By-law permits a maximum height of 4.5 metres; and (amended by the applicant at the hearing) • a maximum dwelling height of 10.52 10.22 metres, whereas the By-law permits a maximum height of 9.0 metres. (amended by the applicant at the hearing) The applicant requests approval of this minor variance application to obtain a building permit for the construction of a two-storey detached dwelling, and a three-car garage with a second storey garden suite within the same lot. Input from other sources was received from the Applicant, City’s Engineering Services, the City’s Building Services Section, the Fairport Beach Neighbourhood Association, and two area residents. In support of the application, the applicant identified that the proposal complies with all applicable By-laws except for the requested variances, as the applicant is proposing to construct a standard single-family dwelling on the property. Towfiq Sakhi, applicant, Nushrat Jahan, agent, Mohammad Ali Hossain, engineer, and Syed Khayrul, architect, 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. The applicant commented that they had purchased this home to be able to live with his aging parents and siblings. A shadow study has been conducted, and the structure will not affect the immediate neighbours. An area resident made the following comments in objection to the application: worried about flooding with the underground water stream; the increase of foot and car traffic, and all the trees have been removed so there is no longer any tree coverage for privacy. In response to a question from a Committee member, the applicant’s engineer indicated that the dwelling height and dwelling unit height can be adjusted. The applicant also stated that the garden suite is not going to be used as a rental unit. Committee of Adjustment Hearing Minutes Thursday, May 15, 2025 7:00 pm Electronic Hearing Page 5 of 9 A Committee member commented that the majority of the dwelling is below the maximum height. The grading of the subject property is lower than the property it backs on to, which offsets the height impact. In response to a question from a Committee member, the applicant commented that the penthouse will be used as a study. Moved by Rick Van Andel That application MV 30/25 by T. Sakhi, 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 two-storey detached dwelling and a three- car garage with a second storey garden suite, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 & 17 contained in the staff report to the Committee of Adjustment, dated May 15, 2025). Motion Lost Moved by Sakshi Sood Joshi That the variance to permit maximum dwelling height of 10.22 metres in application MV 30/25 by T. Sakhi, 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 this variance applies only to the two-storey detached, 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 ). And That the variance to permit maximum additional dwelling unit height of 5.59 metres in application MV 30/25 by T. Sakhi, be Refused on the grounds that the requested variance is not minor in nature and not in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Carried Vote: Denise Rundle in favour Sakshi Sood Joshi in favour Rick Van Andel opposed Committee of Adjustment Hearing Minutes Thursday, May 15, 2025 7:00 pm Electronic Hearing Page 6 of 9 4.4 MV 31/25 J. Marwaha 1421 Rougemount Drive The applicant requests relief from Zoning By-law 8149/24, to permit: • a minimum rear yard setback for an accessory building containing an additional dwelling unit on lots with an area of 2,000 square metres or less shall be 0.5 of a metre, whereas the By-law requires a minimum rear yard setback for an accessory building containing an additional dwelling unit on lots with an area of 2,000 square metres or less shall be 1.2 metres; and • a minimum side yard setback for an accessory building containing an additional dwelling unit on lots with an area of 2,000 square metres or less shall be 1.1 metres, whereas the By-law requires a minimum side yard setback for an accessory building containing an additional dwelling unit on lots with an area of 2,000 square metres or less shall be 1.2 metres The applicant requests approval of this minor variance application to obtain a building permit for the construction of an Additional Dwelling Unit in an Accessory Structure. Input from other sources was received from the Applicant, City’s Engineering Services, the City’s Building Services Section and the Toronto & Region Conservation Area (TRCA). In support of the application, the applicant identified that the homeowner would like to convert an existing structure into an ADU. Jaswinder Marwaha, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant commented that the lot was divided into two parcels. There is an existing garage in the backyard, and they would like to convert it into living space. The neighbours have no objections and the TRCA has no objections. Moved by Denise Rundle That application MV 31/25 by J. Marwaha, 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 Thursday, May 15, 2025 7:00 pm Electronic Hearing Page 7 of 9 1. That these variances apply only to the additional residential unit in an accessory structure, 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 May 15, 2025). 2. That the conversion to permit an additional residential unit shall be in compliance with the Building Code. 3. That prior to the issuance of a Building Permit, the applicant/owner shall provide Permit Clearance from the TRCA for the proposed alterations to the existing accessory structure to accommodate single family dwelling use. Carried Unanimously 4.5 MV 32/25 C. Antonakes 1848 Appleview Road The applicant requests relief from Zoning By-law 8149/24 to permit: • a maximum accessory structure height of 4.0 metres, whereas the By-law permits a maximum height of 3.5 metres; and • a maximum accessory structure lot coverage of 6.5 percent, whereas the By-law permits a maximum of 5 percent. The applicant requests approval of this minor variance application to obtain a building permit for the construction of a pavilion. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, the Toronto and Region Conservation Area (TRCA), and one area resident. In support of the application, the applicant asserts that the requested variances are minor in nature and consistent with the newer developments on the street. Constantina Antonakes and Dean Antonakes, applicants, and Sarah Molinaro, agent, were present to represent the application. Two area residents were present in objection to the application. Moved by Denise Rundle That application MV 32/25 by C. Antonakes, be Deferred to the June 11, 2025 Committee of adjustment hearing. Carried Committee of Adjustment Hearing Minutes Thursday, May 15, 2025 7:00 pm Electronic Hearing Page 8 of 9 4.6 MV 34/25 M. Memon 2169 Saffron Drive The applicant requests relief from Zoning By-law 8149/24, to permit a minimum parking requirement of 2.0 spaces in total, whereas the By-law requires a minimum of 2.0 parking spaces for a detached dwelling, plus 1.0 additional space for an Additional Dwelling Unit (ADU), for a total requirement of 3.0 parking spaces. The applicant requests approval of this minor variance application to obtain a building permit to construct a basement additional dwelling unit. Input from other sources was received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the application, the applicant identified that additional parking space is available; however, boulevard parking is not considered legal parking, and measurements for additional parking are deficient according to By -law. Merria Memon and Mike Hussain, applicant, and Lukasz Nowek, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The applicant commented that they would like to construct a basement dwelling unit and would like the boulevard and street parking to be recognized as legal parking spaces. In response to a question from a Committee member, the applicant stated they have four parking spaces, three on the lot (1 space each in the garage, on the driveway, and in front of entry steps) and one on the boulevard. The Secretary-Treasurer clarified that one of the three parking spaces being referred to does not meet minimum parking stall requirements to be recognized as a parking space. In response to the applicant’s suggestion that a parking space is available on two other properties he owns in the neighbourhood, a Committee member in dicated that off-site parking cannot be enforced by the City. A Committee member commented that this location being in the suburbs makes the neighbourhood very car heavy, without walking areas. The parking is not sufficient. Moved by Sakshi Sood Joshi Committee of Adjustment Hearing Minutes Thursday, May 15, 2025 7:00 pm Electronic Hearing Page 9 of 9 June 11, 2025 Original Signed By Original Signed By That application MV 34/25 by M. Memon, be Refused on the grounds that the requested variance is not minor in nature and not in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Carried Unanimously 5. Adjournment Moved by Sakshi Sood Joshi That the 5th hearing of the 2025 Committee of Adjustment be adjourned at 8:34 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 www.youtube.com/@CityPickering