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HomeMy WebLinkAboutJune 11, 2025Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 1 of 11 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 Figo Pham, Zoning Technician Absent Not applicable. 1. Disclosure of Interest Rick Van Andel declared a conflict of interest for Item 4.1, MV 32/25. To avoid a tie-vote Sean Wiley will recuse from voting on this item. 2. Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the agenda for the Wednesday, June 11, 2025, hearing be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That the minutes of the 5th hearing of the Committee of Adjustment held Thursday, May 15, 2025, be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 2 of 11 4. Minor Variance Reports 4.1 (Deferred at the May 15, 2025, Committee of Adjustment Hearing) 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 were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant asserts that the requested minor variances are minor in nature and consistent with the newer developments on the street. Dean and Constantina Antonakes, applicants, and Sarah Molinaro, agent, were present to represent the application. One area resident was present in objection to the application. The applicant stated the following in support of the application: the goal is to build a multi generation home and outdoor space to entertain family and friends; it will not be used as a commercial structure; parking from guests will be contained to their driveway and/or legal street parking; they have modified drawings to reduce the footprint and height of the pavilion; and City of Pickering staff have recommended approval; the proposed will keep in character with the property next door; the pavilion will be covered by trees, reducing visual impacts and is sound neutral; is appropriate for the size of the lot; and that even with the pavilion there will be over 200 feet of greenspace in the rear yard. In response to a question from Committee members, the applicant stated that they did not appeal the last application that was heard earlier this yea r due to the long wait time with the Ontario Land Tribunal. 1844 Appleview Road has a similar structure that the City approved. Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 3 of 11 The agent commented that a pitched gable with the existing grade on the lot impacts the design. A Committee member questioned the purpose and extent of the changes to the requested variances referencing the principle of res judicata where a court’s decision is final and the court is not to rehear the same matter. The Committee member indicated that the topic of discussion is not the number of washrooms the applicant is proposing in the structure, but rather the intensity of use, congregate of settings, and traffic. In response to a question from a Committee member, the applicant reinforced the belief the comments received from neighbouring residents don’t impact the request of the application. Moved by Omar Ha-Redeye Seconded by Denise Rundle That application MV 32/25 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 Zoning By-law. Carried Vote: Omar Ha-Redeye in favour Denise Rundle in favour Sakshi Sood Joshi opposed 4.2 MV 33/25 P. Den Decker 112 Woodview Drive The applicant requests relief from Zoning By-law 8149/24 to permit: • a minimum front yard setback of 7.7 metres, whereas the By-law permits a minimum setback of 15.46 metres; • a maximum lot coverage of 28.6 percent, whereas the By-law permits a maximum of 25 percent; and • permit a maximum dwelling depth of 29.1 metres, whereas the By-law permits a maximum of 20.0 metres. Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 4 of 11 The applicant requests approval of this minor variance application to obtain a building permit to construct a three-car garage and an additional dwelling unit (ADU) on the second floor. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, City of Pickering Mayor, and three area residents. In support of the application, the applicant has 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. Pierter and Julianne den Decker, applicants, were present to represent the application. No further representation was present in favour of or in objection to the application. The applicants request approval of this application to create an ADU for their aging parents. The ADU will be above the garage. The Secretary-Treasurer made note of a revision of the agenda on page 18, the fourth paragraph, should read “staff is of the opinion that that the requested variance maintains the general intent and purposes of the Zoning By-law”. The applicant stated the following in support of the application: letters of support from immediate neighbours have been received; a letter outlining the reasons to approve of the proposal has been submitted; the ADU is designed to be accessible and is for their aging parents; and a minor variance was required due to a change in the interpretation of the by-law. A Committee member commented that after a site visit, she noticed the deep front yard setbacks and stately homes and appreciates the neighbourhood feedback as it assists the Committee in making a decision. Moved by Denise Rundle Seconded by Sakshi Sood Joshi That application MV 33/25 by P. Den Decker, 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 three-car garage and an additional dwelling unit on the second floor, 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 contained in the staff report to the Committee of Adjustment, dated June 11, 2025 ). Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 5 of 11 4.3 MV 35/25 R. Bavanari 1456 Anton Square The applicant requests relief from Zoning By-law 8149/24 to permit stairs to a porch or deck to encroach to within 0.33 of a metre of an interior side lot line (0.87 of a metre into the side yard setback), whereas the By-law permits law requires stairs to a porch or deck may encroach to within 0.6 of a metre of an interior side lot line. The applicant requests approval of the variance to obtain a building permit to construct a side yard entrance. 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 they are proposing an entrance to the side of the dwelling which requires steps to be located within the interior side yard. Rambabu Bavanari, applicant, and Kruti Shah, agent, were present to represent the application. One resident from the immediate area was present in objection to the application. The agent stated that because they have three steps located within the side yard, a variance is required. An area resident asked the following questions: how will the construction and traffic impact the neighbourhood. In response to the area residents, the agent stated that the construction will not encroach on anyone’s land and there will be no cutting of concrete. In response to a question from a Committee member, the agent stated that a basement window may need to be expanded in the rear yard. The Secretary Treasurer read out comment letters from residents. In response to comment letters, the agent stated that this would be a single-family dwelling unit. Moved by Rick Van Andel Seconded by Denise Rundle Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 6 of 11 That application MV 35/25 by R. Bavanari, 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 side yard entrance and associated steps, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 contained in the staff report to the Committee of Adjustment, dated June 11, 2025). Carried Unanimously 4.4 MV 36/25 V. Pathmanathan & S. Nadarajah 527 Rodd Avenue The applicant requests relief from Zoning By-law 8149/24, to permit: • a maximum dwelling height of 9.35 metres, whereas the By-law permits a maximum height of 9.0 metres; and (revised at the hearing) • a maximum lot coverage of 34.9 percent, whereas the By-law permits a maximum lot coverage of 33 percent. (revised at the hearing) The applicant requests approval of this minor variance application to obtain a building permit to construct a single detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section, City’s Fire Services, and one area resident. In support of the application, the applicant identified that the owners plan to build a permanent home to accommodate their future family and potentially their parents or in - laws, reflecting cultural traditions of multigenerational living. Additional space is needed to support up to three generations under one roof. Philip Tan, the agent, was present to represent the application. Two area residents were present in objection to the application. The agent made a presentation in support of the application. In objection to the application, an area resident made a brief presentation. In objection to the application an area resident stated the following concerns: obstruction of the lake view and loss of privacy due to the proposed height and adverse impact on the adjacent conservation lands. Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 7 of 11 The Secretary-Treasurer confirmed that the stairwell is not included in this application. In response to a question from Committee members, the agent commented that the height at the southeast corner is 25 feet and 7 inches. A Committee member commented that this is on the route of the waterfront trail and is concerned about how this would affect the site lines and the character of this neighbourhood. A Committee member commented that they agree with the planning report submitted to the Committee. Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application MV 36/25 by V. Pathmanathan & S. Nadarajah, 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 single detached 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 & 12 contained in the staff report to the Committee of Adjustment, dated June 11, 2025). Carried Unanimously Vote: Omar Ha-Redeye opposed Denise Rundle opposed Sakshi Sood Joshi in favour Rick Van Andel in favour Sean Wiley in favour 4.5 MV 37/25 100111616 Ontario Ltd. 1030 Salk Road The applicant requests relief from Zoning By-law 8149/24, to permit a minimum parking requirement of 1 space per 117 square metres of gross floor area for all uses permitted under the Employment Zone (E1), whereas the By-law requires notwithstanding the office and industrial parking requirements, the minimum parking requirement shall be 1 space per 117 square metres of gross floor area. Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 8 of 11 The applicant requests approval of this minor variance application to permit a consolidated minimum parking space requirement for E1 - Employment Zone uses at 1030 Salk Road. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant submitted a Cover Letter dated May 1, 2025. Please contact the City Development Department to receive a copy of this letter 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 commented that a number of units could be used for auto repair facilities which have different parking calculations as per the Zoning By-law. A Committee member commented that condominiums with shared parking can present a common issue of allocating parking spots to a specific unit with a different use. Moved by Denise Rundle Seconded by Omar Ha-Redeye That application MV 37/25 by 100111616 Ontario Ltd., 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 subject property, as generally sited and outlined on the applicant’s submitted plans. 2. That 49 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 June 11, 2025) Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 9 of 11 5. Consent Reports 5.1 LD 07/25 to LD 09/25 Joshani Homes Ltd. Dunn Crescent LD 07/25 Consent to sever a vacant 373.2 square metre residential parcel of land, retaining a 1,857.9 square metre residential parcel of land (Parts 2, 4 & 5) for future development (Part 1). LD 08/25 Consent to sever a vacant 321.2 square metre residential parcel of land, retaining a 1,536.7 square metre residential parcel of land (Parts 4 & 5) for future development (Part 2). LD 09/25 Consent to sever a vacant 525 square metre residential parcel of land, retaining a 502.4 square metre residential parcel of land (Part 5) for future development (Part 4). Land Division Applications, LD 07/25, LD 08/25 & LD 09/25, have been submitted to establish a total of 4 lots to facilitate the development of four semi -detached dwellings. Part 3 will be conveyed to the city for future cul-de-sac/right-of-way. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, the Region of Durham Community Growth and Economic Development and Works Departments, and Metrolinx. In support of the application, the applicant submitted a Cover Letter, dated May 2, 2025, in support of this application. Please contact the City Development Department to receive a copy of this letter at citydev@pickering.ca. Rick Bruynson, an agent, was present to represent the application. One area resident was present in objection to the application. An area resident commented that they are concerned about drainage as there is a water basin in her rear yard. The agent commented that they have been working on this proposal for two years and unfortunately the time lapsed on the conditions given by the Region of Durham Land Division Committee. The remaining condition to be fulfilled is Metrolinx. They are confident they can fulfill this condition now. Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 10 of 11 In response to the area residents’ concerns, the applicant commented that underground drainage was removed to over land drainage into a ditch. In response to the area residents, a Committee member assured that stormwater drainage is a condition for approval of these applications. Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application LD 07/25 to LD 09/25 by Joshani Homes Ltd., be Approved, with respect to Section 51(24) of the Planning Act criteria, subject to the conditions outlined within Appendices I, II, III, and IV Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, June 11, 2025 7:00 pm Electronic Hearing Page 11 of 11 July 9, 2025 6.Adjournment Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the 6th hearing of the 2025 Committee of Adjustment be adjourned at 9:03 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 Original Signed By Original Signed By