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HomeMy WebLinkAboutJuly 12-Cd:Jof- PJCKERJNG (Ill) Reports 1. PICA 52117, PICA 53117 & PICA 54117 M. Casey 1307 Commerce Street Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room The applicant requests relief from Zoning By-law 2511, as amended: • to permit a minimum lot frontage of 12.0 metres, whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum lot area of 324 square metres, whereas the by-law requires a minimum lot area of 460 square metres • to permit a maximum lot coverage of 48 percent, whereas the by-law requires a maximum lot coverage of 33 percent • to permit a minimum side yard setback of 1.2 metres, whereas the by-law requires a minimum side yard setback of 1.5 metres • to permit a minimum front yard setback of 4.5 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a covered platform to project a maximum of 1.8 metres into the required front yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required front yard The applicant requests approval of these variances in order to facilitate the creation of a total of three lots through the Region of Durham Land Division Committee, and obtain building permits for the construction of three detached dwellings. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending refusal. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from a resident of 1303 Commerce Street in support of the application. The resident indicated that the rental house and property is an 'eyesore', support for the proposed higher density development, semi-detached and townhouse units can be found within a 250 metre radius and support smaller lots with wider site coverage with height controls. Craig Marshall, agent, was present to represent the application. Page 2 of 13 -C~o~­ PJCKERJNG Moved by Denise Rundle Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room That applications PICA 52117, PICA 53117 and PICA 54117 (Proposed Lots 1, 2 & 3) by M. Casey, be Deferred to the August 2, 2017 meeting on the grounds that an additional variance has been added to the application which requires a revised Notice to be recirculated to the public in accordance with the Planning Act. 2. PICA 36117 Fampa Holdings Ltd. 962 Kingston Road Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 2498187: • to permit a vehicle sales or rental establishment, whereas the by-law does not permit a vehicle sales or rental establishment • to permit the open storage of vehicles in all yards, whereas the by-law does not permit open storage in any yard The applicant requests approval of these variances in order to permit a vehicle sales or rental establishment use on the subject lands. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from the Ronda Pfeiffer, Building Manager of 944 Merritton Road indicated there are citing difficulty for patients and staff getting into and out of 944 Merritton Road due to congestion and parking on Merritton Road. It was also indicated that relief has been experienced as employees from a neighbouring business are now parking on the subject lands, 962 Kingston Road and that major congestion will return if the subject lands are rezoned for vehicle sales or rental. Written comments were received from Frank Mihalek and Roberta Case owners of 950 Merritton Road in opposition to the application. The owners expressed several concerns among them that employees of the Formula Ford dealership at 940 Kingston Road park on both sides of Merritton Road for extended periods causing congestion and concerns for safety, that auto transport trailers regularly park on Merritton Road blocking access to Merritton Road, that the subject lands at 962 Kingston Road are being used for vehicle storage prior to approval of variances, and that shuffling vehicles between 940 and 962 Kingston Road will create more congestion and safety issues. Page 3 of 13 -C~o~­ PJCKERJNG Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room Paul Rycroft, agent, was present to represent the application. Frank Mihalek, co-owner of 950 Merritton Road was present in objection to the application. Vernon Bruce of 975 Merritton Road was also present in objection to the application. No further representation was present in favour of or in objection to the application. Frank Mihalek spoke in objection to the application and to the written comments that were received prior to the meeting. Vernon Bruce spoke indicating his opposition to the proposed variances and concurred with the objections of the other property owners along Merritton Road. He also noted the extreme danger impeding emergency service vehicles (i.e., Fire Services, Ambulance, Police, etc.) caused by vehicle congestion along Merritton Road and Kingston Road. In response to questions from Committee members, Paul Rycroft agreed that the current zoning requires a minimum of nine parking spaces which they intend to exceed. He also stated they are not proposing any alterations to the existing site plan of the subject property. A Committee Member stated concern with the proposal not being subject to site plan review, introducing the new use of 'vehicle sales' and the removal of a prohibition for open storage. The Committee Member indicated that these matters are major variances and should be subject to a rezoning. Moved by Denise Rundle Seconded by Sean Wiley That application PICA 36117 by Fampa Holdings Ltd., be Refused on the grounds that the requested variances for vehicles sales use and open storage are major in nature, and not keeping with the general intent and purpose of the Zoning By-law. 3. PICA 44117 G. & G. Mattia 677 Front Road Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended: • to permit a minimum north side yard width of 1.2 metres and a minimum south side yard width of 0.6 of a metre, where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres, where a garage is erected as part of a detached dwelling Page 4 of 13 -C~o~­ PJ(KERJNG Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room • to permit a maximum lot coverage of 39 percent; whereas the by-law requires a maximum lot coverage of 33 percent • to permit all accessory buildings, excluding private detached garages, to have a total lot coverage not exceeding 11.5 percent of the lot area; whereas the by-law requires that the total lot coverage of all accessory buildings, excluding private detached garages, shall not exceed 5 percent of the lot area • to recognize a minimum lot frontage of 7.6 metres; whereas the by-law requires a minimum lot frontage of 15.0 metres • to recognize a minimum lot area of 331.8 square metres; whereas the by-law requires a minimum lot area of 465 square metres The applicant requests approval of these variances in order to obtain a building permit to construct a detached dwelling and accessory building. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department indicating the existing tree in front of the subject property is on the Municipal right-of-way; the City will not permit the removal of the tree for the relocation of the driveway; the proposed dwelling should be setback to match the existing dwelling and the driveway access must be kept on the north side of the property in order to protect the tree and root system; tree protection fencing must be erected and maintained during the extent of construction; any tree limb or root removal that may be required must be done by a certified arborist under the supervision of the City's arborist and the City's standard tree protection notes and detail must be adhered to. Written comments were received from the Director, City Development & CBO indicating the proposed dwelling requires a building permit; and that as part of the building permit process the applicant may be required to retain a professional engineer to undertake the necessary designs to demonstrate that construction and excavation will not damage the adjacent property. Written comments were also received from the owners of 675 Front Road in opposition to the application. The residents expressed several concerns with the narrow south side yard setback which may result in the structural integrity of their home; that the proposed dwelling should not have windows on the north side as per the fire code; the removal of a large healthy mature tree that provides shade and supports local wildlife; a decrease in property value and that a smaller, less imposing dwelling would better suit the surrounding neighbourhood. Page 5 of 13 -C~o~­ P1CKER1NG Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room • to permit a proposed gas bar canopy to be erected 11.0 metres from the centerline of Brock Road, whereas the by-law does not permit no building or structure to be erected closer than 19.5 metres to the centerline of Brock Road The applicant requests approval of these variances in order to obtain site plan approval for a proposed gas bar canopy. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from a resident of 5010 Wixson Street, in opposition to the application. The resident expressed several concerns including that the height of the proposed canopy would dominate the look and feel at the four corners of the hamlet; light pollution would glow into the backyard, kitchen and bedroom; the safety of pedestrian traffic to and from the nearby school would be impacted; traffic would be increased and blind spots at the adjacent roads of the intersection would be created. Neither the applicant nor agent were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Denise Rundle That application PICA 4 7117 by D. Barkey, be Deferred to the next Committee of Adjustment meeting to allow for representation to be present. 5. PICA 48117 & PICA 49117 N. & F. Nohos 1937 Rosebank Road Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 3009189 to permit a minimum lot frontage of 12.9 metres; whereas the by-law permits a minimum lot frontage of 13.5 metres. The applicant requests approval of these minor variance applications in order to create one additional lot through the Region of Durham Land Division Committee and obtain a building permit to construct a two-storey detached dwelling on the proposed severed and retained parcels. Page 7 of 13 -C~of­ PJCKERJNG Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Neither the applicant nor 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 Eric Newton That application PICA 48117 by N. & F. Nohos, be Approved on the grounds that the minimum lot frontage of 12.9 metres 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 the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed lot configuration, as generally sited and outlined as Part 1 and Part 2. on the applicant's submitted plans. 2. That the applicant obtain final clearance for Land Division Application (LD 067117) by July 17, 2018 or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by July 12, 2019, or this decision shall become null and void. That application PICA 49117 by N. & F. Nohos, be Approved on the grounds that the minimum lot frontage of 12.9 metres 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 the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed lot configuration, as generally sited and outlined as Part 1 and Part 2 on the applicant's submitted plans. 2. That the applicant obtain final clearance for Land Division Application (LD 067117) by July 17, 2018 or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by July 12, 2019, or this decision shall become null and void. Carried Unanimously Page 8 of 13 -C~~~­ p](KERlNG 6. PICA 50117 P. Cummins 1796 Fairport Road Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum side yard width of 1.2 metres, where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.8 metres, where a garage is erected as part of a detached dwelling. The applicant requests approval of this variance in order to obtain a building permit for the construction of a detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending refusal. The Secretary-Treasurer also outlined if the applicant were to amend the application to allow side yard widths of 1.5 metres, staff recommendation would be for approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Neither the applicant nor 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 Eric Newton That application PICA 50117 by D. Barkey, be Deferred to the next Committee of Adjustment meeting to allow for representation to be present. 7. PICA 51117 K. Storey & R. Kay 5049 Brock Road Carried Unanimously The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640106: • to permit a maximum lot coverage of 22 percent; whereas the by-law requires a maximum lot coverage of 20 percent • to permit an accessory building with a maximum height of 4.2 metres in a residential zone; whereas the by-law requires that no accessory building shall exceed a height of 3.5 metres in any residential zone • to recognize a minimum lot area of 1180.3 square metres; whereas the by-law requires a minimum lot area of 1390.0 square metres Page 9 of 13 -C~o~­ PJCKERJNG Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room • to recognize a minimum front yard depth of 0.0 metres; whereas the by-law requires a minimum front yard depth of 9.0 metres • to recognize a minimum exterior side yard depth of 0.0 metres; whereas the by-law requires a minimum exterior side yard depth of 4.5 metres The applicant requests approval of this minor variance application in order to obtain building permits to construct an addition to the existing detached dwelling and to construct an accessory building (detached garage). The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Rebecca Kay, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. A Committee Member stated 0.0 metre setbacks are not favoured and suggested if the applicant were to revise the plans to maintain the larger existing dwelling and demolish the second dwelling to the west it would be in compliance with the current zoning by-laws. The Committee Member also recommended that a condition be put forth for demolition take place prior to the construction of a new dwelling. In response to a question from a Committee Member, the Secretary-Treasurer indicated that the Building Services Section would be requested to verify the sequence of demolition and construction permits where two buildings exist on a property. In response to a question from a Committee Member, Rebecca Kay stated she would like to discuss considering an additional condition for demolition to take place prior to issuance of construction for a new dwelling with co-applicant Kevin Storey. Moved by Denise Rundle Seconded by Sean Wiley Thpt application PICA 51/17 by K. Storey & R. Kay be Deferred to the next Committee of Adjustment meeting to allow for the both applicants to discuss a possible condition of requiring demolition of a dwelling prior to the issuance of a building permit for construction of a new dwelling. Carried Unanimously Page 10 of 13 -Ct4of- P1CKER1NG 8. PICA 55117 & PICA 56117 J. Roche & J. Cusimano 14 7 4 Rougemount Drive Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912188: • to permit a minimum lot frontage of 15.2 metres; whereas the by-law permits a minimum lot frontage of 18.0 metres • to permit a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law permits a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling The applicant requests approval of these minor variance applications in order to create one additional lot through the Region of Durham Land Division Committee and obtain a building permit to construct a two-storey detached dwelling on the proposed severed and retained parcels. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the applications. Paul Demczak, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Paul Demczak stated the applicants have received approval of these variances in the past however allowed for the previous applications to lapse due to costs to apply for severance to the Region of Durham Land Division Committee. Moved by Sean Wiley Seconded by Eric Newton That applications PICA 55117 and PICA 56117 by J. Roche & J. Cusimano, be Approved on the grounds that the minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage is erected 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 conditions: 1. . That these variances apply only to the proposed lot configuration, as generally sited and outlined as Part 1 and Part 2 on the applicant's submitted plans. 2. That the applicant obtain final clearance for Land Division Application (LD 1 04117) by July 17, 2018, or this decision shall become null and void. Page 11 of 13 -Cfi:;of- PJCKERJNG Committee of Adjustment Meeting Minutes Wednesday, July 12, 2017 7:07pm Main Committee Room 3. That the applicant obtain a building permit for the proposed construction by July 12, 2019 or this decision affecting the proposed detached dwellings shall become null and void. 9. PICA 57/17 W. Ayub 1135 Ridgewood Court Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 2864/88: • to permit a minimum rear yard depth of 4.9 metres to a proposed sun room addition; whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a maximum lot coverage of 44 percent; whereas the by-law requires a maxim.um lot coverage of 38 percent The applicant requests approval of these variances in order to obtain a building permit to construct a second storey addition (sunroom) and associated steps in the rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. lvars Kulitis, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, lvars Kulitis stated the sunroom is accessible from both the interior of the house as well as the rear yard. He also stated that they have obtained a TRCA permit which is required at the Building Permit stage. Moved by Denise Rundle Seconded by Eric Newton That application PICA 57/17 by W. Ayub, be Approved on the grounds that the minimum rear yard depth of 4.9 metres and a maximum lot coverage of 44 percent, 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 conditions: 1. That these variances apply only to the proposed second storey sun room addition and associated steps, as generally sited and outlined on the applicant's submitted plans. Page 12 of 13