Loading...
HomeMy WebLinkAboutJuly 9, 2025Committee of Adjustment Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 1 of 9 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, July 9, 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 6th hearing of the Committee of Adjustment held Wednesday, June 11, 2025, be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 2 of 9 4. Minor Variance Reports 4.1 MV 38/25 H. & L. Henry 258 Hoover Drive The applicant requests relief from Zoning By-law 8149/24 to permit: • a minimum rear yard setback of 5.2 metres, whereas the By-law permits a minimum of 7.5 metres; and • a maximum lot coverage of 38.7 percent, whereas the By-law permits a maximum of 38 percent. The applicant requests approval of this minor variance application to obtain a building permit to construct a one-storey unheated sunroom addition to the existing dwelling. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Sections, and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant identified that due to physical and technical constraints on the site, constructing the sunroom without the requested variances would result in unreasonable dimensions. A minor variance is therefore required to facilitate the construction of a functional sunroom addition. Syed Ahmed, agent, was 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 38/25 by H. & L. Henry, 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 sunroom addition, 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, date July 9, 2025 ). Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 3 of 9 4.2 MV 39/25 S. & P. Furnell 5026 William Street The applicant requests relief from Zoning By-law 8149/24, to permit: • a maximum lot coverage of 16.0 percent, whereas the By -law requires a maximum lot coverage of 10.0 percent; and • a minimum (south) side yard setback of 2.1 metres and a minimum (north) side yard of 1.85 metres, whereas the By-law requires a minimum side yard setback of 3.0 metres on both sides. The applicant requests approval of this minor variance application to obtain a building permit to construct a two-storey addition to an existing detached dwelling. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services, the Toronto and Region Conservation Area (TRCA), and four area residents. In support of the application, the applicant identified that the application is required to provide additional living space for extended family. The current lot coverage is about 13.5 percent. Sherene Furnell, applicant, was present to represent the application. One area resident was present to speak on the application. The applicant stated the following in support of the application: the proposed application is similar to other homes on the west side of the street; the property will remain a detached single-family dwelling; the property is affected by two different zoning areas; and they are proposing to follow the existing floorplan. An area resident stated the following on the application: no objections to the proposal; concerns over the removal of large existing trees, resulting lack of shade. In response to the neighbour’s concerns the applicant confirmed one of the trees will be removed and one may be affected during construction, however they plan on replacing any trees affected. In response to a question from a Committee member, the applicant stated they are unsure whether one of the trees is a boundary tree. The Secretary-Treasurer confirmed there is not a tree by-law for private trees. Committee of Adjustment Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 4 of 9 Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That application MV 39/25 by S. & P. Furnell, 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 Bylaw, subject to the following conditions: 1. That these variances apply 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, 8, 9 & 10 contained in the staff report to the Committee of Adjustment, dated July 9, 2025). 2. That the applicant takes measures during construction to preserve the trees in the north side yard. Trees impacted by the construction are to be replaced by the applicant to the satisfaction of the City Development Department. Carried Unanimously 4.3 MV 40/25 M. Boutet 1492 Rougemount Drive The applicant requests relief from Zoning By-law 8149/24, to permit a maximum accessory structure (garage) height of 5.1 metres, whereas the By-law requires a maximum height of 4.5 metres. The applicant requests approval of this minor variance application to construct a detached two storey garage. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services, and five area residents. In support of the application, the applicant identified that the height increase is proposed to accommodate the installation of a car lift and to provide additional ceiling height for a larger hobby studio. Marc Boutet, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee member, the applicant confirmed that the car lift will be used for personal use only. Moved by Omar Ha-Redeye Seconded by Denise Rundle Committee of Adjustment Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 5 of 9 That application MV 40/25 by M. Boutet, 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 two-storey detached garage located within the rear yard, as outlined and sited on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated July 9, 2025). Carried Unanimously 4.4 MV 41/25 S. Vaz 1315 Broadview Street The applicant requests relief from Zoning By-law 8149/24, to permit: • a total of three parking spaces, whereas the By-law requires a total of four parking spaces; and • a maximum driveway width of 9.25 metres, whereas the By-law requires a maximum driveway width of 6.0 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct an Additional Dwelling Unit. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services, and 11 area residents. In support of the application, the applicant identified that the R1E zone allows for two ADUs in addition to the principal unit but requires a driveway widening to accommodate the required parking spaces. Currently, two dwelling units exist with a third dwelling unit proposed. Stuart Vaz and Savio Vaz, applicants, were present to represent the application. Three area residents were present in objection to the application. An area resident stated the following concerns in objection to the application: no proper sewage drain; lower property value; violent tenants; no proper storage for garbage resulting in pests; and the property is poorly maintained. An area resident stated the following concerns in objection to the application: echoed the previous comments; and experienced multiple disturbances due to the Airbnb and rental tenants. Committee of Adjustment Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 6 of 9 An area resident stated the following in objection to the application: echoed the previous comments; and this proposal is not in keeping with the character of the neighbourhood. In response to neighbour comments the applicant s stated the following: the Airbnb is no longer active; they are vetting tenants better than in the past; the zoning on the property allows for three dwellings; there is a property on Annland Street of this nature; there was a well in the backyard that was decommissioned, they are working to get a survey done of the property to find a better solution for the drainage issues; and a sealed container was built to house the garbage bins. In response to a question from a Committee member, the applicant stated he would agree to the condition that the property is not used for short-term rentals. A Committee member directed neighbours to contact the City regarding concerns with property standards and Engineering issues. In response to questions from a Committee member the applicant clarified that the property line bisects the driveway, therefore they are not allowed to consider the apron spaces as legal parking spaces. They cannot use the paved driveway on the west side of the property as they are required to provide a pathway for residents. A Committee member referred to a statement made by the Ontario Land Tribunal (OLT) in a decision rendered in 2024: “a variance is a privilege and not a right, and a variance will not be approved if it fails to meet all four tests”. Current or previous short-term rentals do not automatically validate or support a variance application. There are several ongoing historical planning issues with this property. A Committee member commented that the Planning staff report supports the proposal. The driveway will only be extended by an extra 2.5 feet, which will keep the tenants from parking on the road. A Committee member commented that while the By-law allows the applicant to have three dwellings, there are requirements in place to regulate the dwellings. The impact of the extended driveway width is considerable and not compatible with the existing character of the neighbourhood. A Committee member commented that Engineering services require permeable pavers to assist in drainage. A Committee member referred to an OLT decision stating “it is routine for Committee of Adjustment to receive recommendations from City staff and not follow those recommendations, especially where there is significant public input and that input may not have been available to City staff at the time of recommendation”. The question is whether this will exacerbate the existing parking situation on the street, and/or other planning issues raised by residents. Committee of Adjustment Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 7 of 9 Moved by Rick Van Andel That application MV 41/25 by S. Vaz, 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 proposed addition, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 , 5 & 6 contained in the staff report to the Committee of Adjustment, dated July 9, 2025 ). Motion Lost Moved by Omar Ha-Redeye Seconded by Denise Rundle That application MV 41/25 by S. Vaz, 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 in favour Rick Van Andel opposed Sean Wiley in favour 5. Consent Reports 5.1 (Tabled at the July 10, 2025, Land Division Committee meeting) LD 045/2023 M. Adham 198 Twyn Rivers Drive Moved by Omar Ha-Redeye Seconded by Rick Van Andel That application LD 045/2023 be lifted from the table. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 8 of 9 The applicant proposes to sever a 731.7 square metre residential parcel of land, retaining a 732.51 square metre residential parcel of land. An existing dwelling and detached garage are to be demolished. The applicant intends to construct a new detached dwelling on each of the severed and retained parcels. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, Durham Region Planning and Economic Development and the Toronto and Region Conservation Area (TRCA). Adham Mousa Khaled, applicant, and Loloa Alkasawat, agent, were 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 045/2023 by M. Adham, be Tabled for up to two years to allow the applicant to address the comments identified in the Toronto and Region Conservation Authority (TRCA) memo dated June 19, 2025, to the satisfaction of TRCA (refer to Attachment #1 contained in the staff report to the Committee of Adjustment, dated July 9, 2025). Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 9 of 9 August 13, 2025 6.Adjournment Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the 7th hearing of the 2025 Committee of Adjustment be adjourned at 8:22 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