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HomeMy WebLinkAboutDecember 18, 2013 Cli oO Committee of Adjustment �.. -._ Meeting Minutes 4 Wednesday, December 18, 2013 ICKE I 7:00 pm Main Committee Room Present: Tom Copeland David Johnson —Chair Eric Newton Bill Utton Shirley Van Steen —Vice-Chair Also Present: Melissa Markham, Principal Planner— Development Review Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, December 18, 2013 meeting be adopted. Carried Unanimously • (II) Adoption of Minutes Moved by Shirley Van Steen Seconded by Eric Newton That the minutes of the 15th meeting of the Committee of Adjustment held Wednesday, November 27, 2013 be adopted. • Carried Unanimously • Page 1of10 �ctci o¢1 Committee of Adjustment - .. Meeting Minutes z u Wednesday, December 18, 2013 I 7:00 pm Main Committee Room (Ill) Reports 1. P%CA 57/13 2143087 Ontario Limited 2055 Brock Road The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 7085/10, to permit a minimum of 68 percent of the length of a build-to-zone to contain a building or part of a building; whereas the by-law does not permit a building, part of a building, or structure to be erected within the "RH/MU-3"zone unless a minimum of 85 percent of the length of the build-to-zone contains a building or part of a building. The applicant requests approval of this minor variance application in order to obtain site plan approval for a new commercial building. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending approval subject to conditions. The applicant/agent was not in attendance to speak about the application. Maureen Schorn of 1760 Finch Avenue was present and asked questions to seek clarification of the application and expressed concern with the removal of trees. Moved by Eric Newton Seconded by Bill Utton That application P/CA 57/13 by 2143087 Ontario Limited, be Tabled to the next meeting to allow the applicant to be present to answer questions from Committee Members and residents. Carried Unanimously • Page 2 of 10 City 00 = Committee of Adjustment Meeting Minutes tea.._ Wednesday, December 18, 2013 PI I I 7:00 pm . Main Committee Room 2. P/CA 58/13 H. Hamam 1725 Echo Point Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85, to permit an unenclosed covered platform (deck) to project a maximum of 3.7 metres into the required rear yard, whereas the by-law permits uncovered platforms not exceeding 1.0 metre in height above grade and to project a maximum of 1.5 metres into any required rear yard. The applicant requests approval of this minor variance in order to obtain a building permit to construct an unenclosed covered platform (deck) with a total area of 31.4 square metres in the side and rear yard. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending approval subject to conditions. H. Chahine, Renosense General Contracting, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Tom Copeland Seconded by Shirley Van Steen That application P/CA 58/13 by H. Hamam, be Approved on the grounds that the projection of an unenclosed covered platform (deck) to a maximum of 3.7 metres into the required rear yard is minor in nature, that is 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 conditions: 1. That this variance apply only to the unenclosed covered platform (deck) attached to the main building, as generally sited and outlined on the applicant's submitted plans. . 2. That the applicant obtain a building permit for the proposed construction by December 18, 2015 or this decision shall become null and void. Carried Unanimously Page 3 of 10 Citq o0 Committee of Adjustment Meeting Minutes �x.�uuuja�5—a - Wednesday, December 18, 2013 7:00 pm Main Committee Room 3. P/CA 59/13 J. & S. McQuaid 1800 Pine Grove Avenue The applicant requests relief from Zoning By-law 3036, as amended, to permit an existing 15.0 square metre cabana to be located in the side yard, whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard. The applicant requests approval of this variance in order recognize the existing cabana in the side yard. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending approval subject to conditions. Robin McKenna, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 59/13 by J. & S. McQuaid, be Approved on the grounds that the existing 15.0 square metre cabana located in the side yard is minor in nature that is 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 conditions: 1. That this variance apply only to the existing cabana, as sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the existing cabana by December 18, 2014, or this decision shall become null and void. Carried Unanimously • • Page 4 of 10 °tq o¢1 _== Committee of Adjustment • Meeting Minutes R = 'urnT' Wednesday, December 18, 2013 I I RING 7:00 pm • Main Committee Room 4. P/CA 60/13 D. Mandarello 569 Rougemount Drive The applicant requests relief from the following provisions of Zoning By-law 2511: • to permit a minimum front yard depth of 7.0 metres; whereas the zoning by-law requires a minimum front yard depth of 7.5 metres • to permit a minimum gross floor area for an existing 1 storey dwelling of 83 square metres; whereas the by-law requires a minimum gross floor area for a 1 storey dwelling of 95 square metres • to permit an accessory building with a maximum height of 4.1 metres in a residential zone; whereas the zoning by-law does not permit an accessory building to exceed a height of 3.5 metres in any residential zone The applicant requests approval of this minor variance application in order to obtain a building permit to construct an 80.5 square metre detached garage in the rear yard. The applicant also seeks a reduction in the minimum required front yard depth and minimum gross floor area to bring the existing 1 storey dwelling into compliance with the zoning by-law. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending the application be tabled. Written comments were received from the City's Engineering & Public Works Department indicating that the applicant will have to alter the existing grading on the lot to direct flow to the front of the lot, as the catch basin for the adjacent subdivision to the east are not meant to accommodate-additional drainage from lots on the west side of Rougemount Drive. The applicant will have to submit a grading and drainage plan to the satisfaction of the City. Written comments were received from the City's Building Services Department indicating the northern wall of the proposed detached garage does not comply with the minimum separation standards in order to permit a glazed opening. Written comments were received from M. & M. Ferrari of 573.Rougemount Drive in objection to the application, including a petition signed by 14 surrounding neighbours in objection to the application. Written comments were also received from M. Ferrari of 575 Rougemont Drive in objection to the application. Page 5 of 10 Clty L. Committee of Adjustment Meeting Minutes Wednesday, December 18, 2013 PI • RUNG 7:00 pm Main Committee Room Domenic Mandarello, owner, was present to represent the application. Chris Ma of 546 Lekani Court, Michael Ferrari of 573 Rougemount Drive, Oliver Tutte of 579 Rougemount Drive and Marisa Ferrari of 575 Rougemount were present in objection to the application. Chris Ma expressed concerns with the location and height of the proposed garage and the loss of natural sunlight onto his property. Michael Ferrari stated his objection to the variances for the existing dwelling as it is currently derelict and rundown and he would like it to be removed. He also stated his objection to the proposed garage as he believes that the height is too tall and will be a towering structure in the neighbourhood. Oliver Tutte expressed concern with the size of the garage and would like it to be built to meet current standards. Marisa Ferrari is also concerned with the width and size of the proposed garage. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 60/13 by D. Mandarello, be Tabled to allow the owner to explore alternative designs for the accessory structure addressing the City's concerns regarding overall size, height, and setbacks to the rear and side lot lines and to review and approve a grading and drainage plan. Carried Unanimously 5. P/CA 61/13 T. Jean-Baptiste & P. Keeler 545 Rodd Avenue The applicant requests relief from the following provisions of.Zoning By-law 2511, as amended by By-law 5092/87: • to permit a maximum building height of 9.2 metres, measured between the established grade and the highest point of a flat roof surface, whereas the by-law requires a maximum building height of 9.0 metres, measured between the established grade and the highest point of a flat roof surface or parapet wall Page 6 of 10 �tq o� Committee of Adjustment Meeting Minutes • Wednesday, December 18, 2013 I , 7:00 pm Main Committee Room • to permit uncovered steps and platforms with a maximum height of 2.2 metres above grade to project a maximum of 5.2 metres into the required front yard, whereas the by-law requires all uncovered steps and platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required front yard The applicant requests approval of these variances in order to obtain a building permit to construct a raised two-storey detached dwelling and associated uncovered steps to project into the required front yard. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from Alexander Morr of 540 Rodd Avenue in objection to the application. Peter Vishnovski, agent, was present to represent the application. Alexander Morr was present in objection to the application. Alexander Morr stated his opposition to the variances and expressed concerns with the removal of trees, the proposed setback of the encroachment from the pavement and the impact that the proposed development will have on the conservation lands and the waterfront trail. In response to concerns, Peter Vishnovski explained that the proposed steps will be approximately 9.0 metres from the asphalt and landscaping will be used to screen the development. He also stated that one tree will need to be removed and new landscaping will be provided along the development. Moved by Bill Utton Seconded by Shirley Van Steen - That application P/CA 61/13 by T. Jean-Baptiste & P. Keeler, be Approved on the grounds that the maximum building height of 9.2 metres, and uncovered steps and platforms with a maximum height of 2.2 metres above grade to project a maximum of 5.2 metres into the required front yard are minor in nature that are 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 conditions: 1. That these variances apply only to the proposed two storey detached dwelling and associated uncovered steps and platforms, as generally sited and outlined on the applicant's submitted plans. Page 7 of 10 Citq o� Committee of Adjustment Meeting Minutes Wednesday, December 18, 2013 I • RING 7:00 pm Main Committee Room 2. That the applicant obtain a building permit for the proposed construction by December 18, 2015, or this decision shall become null and void. Carried Unanimously 6. P/CA 57/13 2143087 Ontario Limited 2055 Brock Road Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 57/13 by 2143087 Ontario Limited, be lifted from the table. Carried Unanimously The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 7085/10, to permit a minimum of 68 percent of the length of a build-to-zone to contain a building or part of a building; whereas the by-law does not permit a building, part of a building, or structure to be erected within the "RH/MU-3" zone unless a minimum of 85 percent of the length of the build-to-zone contains a building or part of a building. The applicant requests approval of this minor variance application in order to obtain site plan approval for a new commercial building. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending approval subject to conditions. Harry Kohn, agent, was present to represent the application. Maureen Schorn of 1760 Finch Avenue was present to obtain clarification on the application. In response to concerns, Harry Kohn explained the size of the buffer zone and stated that the flood plain will be preserved. Harry Kohn also indicated a height of 3-storeys for the proposed building. Page 8 of 10 Cliq o Committee of Adjustment Meeting Minutes Wednesday, December 18, 2013 . I 7:00 pm Main Committee Room ' Moved by Tom Copeland Seconded by Shirley Van Steen That application P/CA 57/13 by 2143087, be Approved on the grounds that the length of the build-to zone to contain a building or part of a building to be reduced to 68 percent is minor in nature and 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 conditions: 1. That this variance apply only to the proposed commercial building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain Site Plan Approval for the proposed development by December 18, 2015, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed development by December 18, 2015, or this decision shall become null and void. Carried Unanimously (IV) Other Business 1. Appointment of Chairperson Moved by Bill Utton Seconded by Shirley Van Steen That David Johnson be appointed as Chairperson for the 2014 term. Carried Unanimously 2. Appointment of Vice Chairperson Moved by Eric Newton Seconded by Bill Utton That Shirley Van Steen be appointed as Vice Chairperson for the 2014 term. Carried Unanimously Page 9 of 10 7■11■■•■■■•■■• Cali 00 it= Committee of Adjustment Meeting Minutes Rill Wednesday, December 18, 2013 ICKERING 7:00 pm Main Committee Room (V) Adiournment Moved by Eric Newton Seconded by Tom Copland That the 16th meeting of the 2013 Committee of Adjustment be adjourned at 7:48 pm and the next meeting of the Committee of Adjustment be held on Wednesday, January 15, 2014. Carried Unanimously ' Date Ilk / Chair • ,(z7i4tc_ Assistant Secretary-Treasurer • Page 10 of 10