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HomeMy WebLinkAboutSeptember 12Pending Adoption Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers That the agenda for the Wednesday, September 12, 2018 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, August 22, 2018 be adopted as amended. · Carried Page 1 of 13 -,-.Ctq;0f-p](KER]NG (Ill) Reports 1. (Tabled at the May 20, 2018 meeting) PICA 45118 & PICA 46118 J. Greig 5061 William Street Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers That applications PICA 45118 & PICA 46118 by J. Greig, be lifted from the table. Carried Unanimously PICA 45118 (Proposed Retained Lot) The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640106 to permit a minimum lot area of 0.19 of a hectare, whereas the by-law requires a minimum lot area of 0.3 of a hectare. PICA 46118 (Proposed Severed Lot) The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640106 to permit a minimum lot area of 0.14 of a hectare, whereas the by-law requires a minimum lot area of 0.3 of a hectare. The applicant requests approval of these variances in order to facilitate the creation of one additional lot for a detached dwelling through the Region of Durham's Land Division Committee. 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 received from the Durham Regional Health Department expressing no objection to the approval of the applications. Residents of 5088 Brock Road submitted written comments outlining their opposition to the applications. The comments outlined that the requested variances do not meet the four tests, do not maintain the integrity and purpose of the Official Plan, do not maintain the general intent and purpose of the Zoning By-law, are not desirable for the neighborhood or are appropriate for this neighborhood, and are not minor. Marc De Nardis, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 2 of 13 -C1°f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers In response to questions from Committee Members, Marc De Nardis stated that the future dwellings would be in line with each other while the existing dwelling will remain on the retained parcel. The proposed dwelling can meet the required zoning setbacks. Marc De Nardis also stated he has met with the concerned neighbour and has satisfied their concerns. In response to questions from Committee Members, the Secretary-Treasurer stated the homes on the south side of William Street are subject to the same Official Plan provisions and explained the variance application is considered infill development. Moved by Sean Wiley Seconded by Eric Newton That applications PICA 45118 & PICA 46/18 by J. Greig, 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 the Zoning By-law, subject to the following condition: 1. That the applicant obtain clearance for the future Land Division Application by September 13, 2021 or this decision shall become null and void. 2. (Deferred at the August 22, 2018 meeting) PICA 65/18 D. Bowler & M. Tayler 1305 Cornell Court Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 3385/90: • to permit an accessory building (shed) to be located in the north 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 • to permit an accessory building (shed) greater than 1.8 metres in height to be setback a minimum of 0.31 of a metre from the north lot line; whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines • to recognize an accessory building (cabana) greater than 1.8 metres in height to be setback a minimum of 0.7 of a metre from the south lot line and 0.75 of a metre from the east lot line; whereas the by-law requires that accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines Page 3 of 13 -Cd:f0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers The applicant requests approval of these variances in order to permit an accessory building (shed) in the side yard and to recognize an accessory building (cabana) in the rear yard. 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 Development Services have reviewed the revised application and have been provided with additional information regarding the location of the accessory building (shed) with respect to the property line and has no objection to its location, as it will not have an adverse effect on the neighbouring properties. Development Services also expressed no objection to the other requested variances. The City received a petition in support of the application containing signatures from 18 residents, including two directly adjacent to the subject property. Dean Bowler, applicant, was present to represent the application. John Reid-Wilkinson of 2513 Linwood Street was present in objection to the application. Dean Bowler indicated that the shed was constructed in the same location as a previous shed on the property; that he obtained 18 signatures in support of the application; and the City has confirmed that the new shed does not require a building permit as it is under the maximum size. In response to -a question from a Committee Member, Dean Bowler stated they are able to provide maintenance around the shed. John Reid-Wilkinson spoke to the correspondence previously submitted in opposition to the application. John Reid-Wilkinson expressed concerns that the location of the shed does not provide adequate space for maintenance; the fence was not put back in the same condition as it was prior to construction; the existing shed does not have an eavestrough; the current set back of the shed is 0.2 of a metre which is ress than the requested variance; measurement of the shed is approximately greater than the maximum by-law requirement; and the shed has a visual impact on his property. John Reid-Wilkinson also stated that he would like the shed moved to the rear yard to comply with the City Zoning By-law; and that the applicant replace the entire length of the fence. John Reid-Wilkinson submitted a petition containing signatures from 12 residents, agreeing that the existing shed should be moved in order to meet the City Zoning By-law. Page 4 of 13 Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers That application PICA 65118 by D. Bowler & M. Tayler, be Deferred to the next Committee of Adjustment meeting to allow the Committee Members to conduct a site visit with City Staff. Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley 3. PICA 76118 A. Sukhra 1503 Alpine Lane in favour in favour in favour opposed in favour Carried The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015185 to permit a covered platform (deck) not exceeding 1.3 metres in height above grade to project a maximum of 3.8 metres into the required rear yard, whereas the by-law permits uncovered steps and platforms exceeding 1.0 metre in height above grade to project a maximum of 2.5 metres into the required rear yard of each lot so long as no part thereof shall exceed 2.5 metres in depth or 6.0 metres in width. The applicant requests approval of this variance in order to obtain a building permit for the construction of a covered platform (deck) within 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. Adhein Sukhra, applicant, was present to represent the application. Celestino Salvagna was present in objection to the application. Adhein Sukhra stated the deck is to provide space for their growing family to enjoy the back yard. Adhein Sukhra also stated they only enlarged the area of the deck and that the height remains the same. In response to questions from Committee Members, Adhein Sukhra indicated the deck is existing and agreed to incorporate landscaping and trees to screen the adjacent property. Page 5 of 13 Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers · Celestino Salvagna expressed a concern with the location, size and height of the deck and loss of privacy. Celestino Salvagna would like to have a condition to provide tree plantings to provide privacy. Due to the subject site abutting 3 properties, the loss of privacy and that the impact may not be as severe, and the replacement deck being built at the same height, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application PICA 76118 by A. Sukhra, 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 the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed covered platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant obtain a building permit for the proposed construction by September 13, 2019 or this decision shall become null and void. 3. That the applicant provide appropriate landscaping and privacy trees. 4. PICA 77118 Frontdoor Developments (Pickering) Inc. 2090 Duberry Road Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 7541117, to permit a temporary sales facility (residential home sales), whereas the by-law does not permit a temporary sales facility. The applicant requests approval of this variance in order to permit a temporary sales facility on the subject lands for residential home sales. The Chair advised that application PICA 77118 by Frontdoor Developments (Pickering) Inc., has been Withdrawn. Page 6 of 13 -Ctqf0f-p](KERJNG 5. PICA 78/18 D. De Freitas 1669 Portland Court Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 1698/83: • to permit a minimum rear yard depth of 5.7 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a maximum lot coverage of 42 percent; whereas the by-law requires a maximum lot coverage of 38 percent The applicant requests approval of these variances in order to obtain a building permit for a recently constructed addition. 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. Diana De Freitas, applicant, and Crystal De Freitas were present to represent the application. Terence Arvisais of 1665 Portland Court was present in objection to the application. Crystal De Freitas spoke on behalf of Diana De Freitas, she explained the sunroom replaces a shed. In response to questions from Committee Members, Crystal De Freitas stated the sunroom is insulated, has electrical, and would be used all year round. Terence Arvisais expressed several concerns that the addition has been built without a permit; windows and siding have been installed and electrical installed with no inspections. Terence Arvisais also stated if there is ever a fire it will impact the immediate neighbour because the homes have been built so close together. Terence Arvisais also questioned if it is City's policy to build first and then apply for a building permit. In response to a question from a Committee Member, the Secretary-Treasurer explained the building permit process. Due to the required inspections, building code requirements and the application being subject to obtain a building permit, Sean Wiley moved the following motion: Page 7 of 13 -C0J0f-p](KER]NG Moved by Sean Wiley Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers That application PICA 78118 by D. De Freitas, 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 the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the existing addition, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant obtain a building permit for the proposed construction by September 12, 2019, or this decision shall become null and void. 3. That the existing addition is not to be heated or used as a primary habitable living space. 6. PICA 79118 I. Hayhurst 4871 & 4875 Victoria Street Carried Unanimously The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640106 to permit a minimum rear yard depth of 3.3 metres; whereas the by-law requires a minimum rear yard depth of 9.0 metres. The applicant requests approval of this variance in order to obtain a building permit to construct an addition to the existing detached dwelling. 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 also received from four area residents in support of the application. Ian Hayhurst, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Ian Hayhurst explained the history of the property and the application. In response to a question from a Committee Member, Ian Hayhurst stated the subject property has no heritage concerns. Page 8 of 13 -C1°f-p](KERJNG Moved by Denise Rundle Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers That application PICA 79118 by I. Hayhurst, be Approved on the grounds that the minimum rear yard depth of 3.3 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 the applicant provide the City with a Solicitor's Undertaking indicating that the 2 parcels known municipally as 4871 Victoria Street and 4875 Victoria Street have been consolidated on title within 6 months of this decision and prior to the issuance of a building permit. 2. That this variance apply only to the proposed addition, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4 contained in Committee of Adjustment Report dated September 12, 2018). 3. That the applicant obtain a building permit for the proposed construction by September 14, 2020, or this decision shall become null and void. 7. PICA 80118 1331301 Ontario Inc. In Trust 1450 Pickering Parkway Carried Unanimously The applicant requests relief from Zoning By-law 7553117, as amended, to permit a minimum landscaped area of 1.5 metres between an existing residential development and proposed drive aisle, whereas the by-law requires a minimum 3.0 metre wide landscaped area between any existing residential development and parking spaces or aisles. The applicant requests approval of this variance in order to obtain site plan approval for a proposed Retirement Home. 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. Kathryn Randle, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 9 of 13 -Ct4°f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers Kathryn Randle explained the proposed retirement home will be 8 storeys and contain 167 units with 3 levels of care. In response to questions from Committee Members, Kathryn Randle stated the proposed building is unable to be shifted due to easement constraints on the property and the location and configuration of the driveway. Kathryn Randle also stated the landscaping will be shrubs and tall grasses. Moved by Tom Copeland Seconded by Eric Newton That application PICA 80118 by 1331301 Ontario Inc. In Trust, 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 the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed development, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant obtain final site plan approval for the proposed construction by September 13, 2021, or this decision shall become null and void. 8. PICA 81118 S. Thaneeskaran 543 Rosebank Road Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended by By-law 3132189: • to permit an uncovered platform (deck) 1.0 metre in height above grade to project a maximum of 1.0 metre into the required rear yard; whereas the by-law does not permit uncovered steps or platforms to project into the required rear yard • to permit an existing accessory structure greater than 1.8 metres in height to be setback a minimum of 0.8 of a metre from the south lot line and 0.9 of a metre from the east lot line; whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines The applicant requests approval of these variances in order to obtain a building permit for a deck located in the rear yard and recognize an existing accessory structure (shed) located in the rear yard. Page 10 of 13 -C~0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers 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. Vasandhi Vimalesan, agent, was present to represent the application. Steven Guest of 545 Rosebank Road was present in favour of the application. Vasandhi Vimalesan explained the shed has existed for approximately 9 years and the new deck replaces and enlarges a previous deck. Moved by Tom Copeland Seconded by Sean Wiley That application PICA 81118 by S. Thaneeskaran, be Approved on the grounds thatthe 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 the · Zoning By-law, subject to the following conditions: 1. That these variances apply only to the uncovered platform (deck) and accessory structure (shed), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant obtain a building permit for the subject deck by September 12, 2020, or this decision shall become null and void. Carried Unanimously 9. PICA 82118 G. & R. Hamdan 1505 Terracotta Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015185 to permit an uncovered platform (deck) not exceeding 1.0 metre in height above grade to project a maximum of 4.1 metres into the required rear yard; whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade to project not more than 1.5 metres into any required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct a deck in the rear yard. Page 11 of 13 Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers 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. Giath and Rola Hamdon, applicants, were present to represent the application. Gregory Cameron of 1504 Reeser Court was present in objection to the application. Giath Hamdon explained that construction of the deck had been halted after a visit by a City inspector. Giath Hamdon stated the contractor did not advise that a building permit was required. Giath Hamdon stated that he is willing to work with the concerned neighbours and install privacy screening and landscaping. Gregory Cameron expressed several concerns that due to the deck being above the fence line there is loss of privacy. Gregory Cameron would like privacy screening to reduce the impact of the loss of privacy. Moved by Tom Copeland Seconded by Sean Wiley That application PICA 82/18 by G. & R. Hamdan, 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 the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant provide a 6-foot tall privacy screen/fence along the rear/south limit of the deck. 3. That the applicant obtain a building permit for the proposed construction by September 13, 2019, or this decision shall become null and void. Carried Unanimously Page 12 of 13 -C0f0/-p](KER]NG (IV) Adjournment Moved by Eric Newton Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers That the 12th meeting of the 2018 Committee of Adjustment be adjourned at 8:24 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 3, 2018. Carried Unanimously Oc~vL, :S. , 7J) t'g · Date Chair .-( Page 13 of 13