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HomeMy WebLinkAboutOctober 24-C16f-p](KERJNG Present Tom Copeland -Vice-Chair David Johnson -Chair Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent Eric Newton Denise Rundle (I) Adoption of Agenda Moved by Tom Copeland Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers That the agenda for the Wednesday, October 24, 2018 meeting be adopted. (II) Adoption of Minutes Moved by Tom Copeland Seconded by Sean Wiley Carried Unanimously That the minutes of the 13th meeting of the Committee of Adjustment held Wednesday, October 3, 2018 be adopted. Carried Unanimously Page 1 of 11 -Cd:J0f-p](KER]NG (111) Reports 1. PICA 92118 M. & K. Balsdon 825 Sandy Beach Road Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended: • to permit an accessory structure (detached garage) 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 • to permit an accessory structure (detached garage) to have a maximum height of 3.8 metres, whereas the by-law requires no accessory buildings to exceed a height of 3.5 metres in any residential zone The applicant requests approval of these variances in order to obtain a building permit to construct an accessory structure (detached garage) in the side 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 objections, however the proposal is subject to the Tree Protection By-law 6108103. Peter Barton, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Peter Barton indicated this is a large unique property and the detached garage will be used to store antique tractors. In response to questions from Committee Members, Peter Barton explained the existing garage on the subject property will be used for personal vehicles and that there will be no running water, HVAC or hoist installed in the proposed detached garage. Due to the structure being heavily screened from the surrounding neighbours and satisfied with comments from the agent, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application PICA 92118 by M. & K. Balsdon, 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: Page 2 of 11 -Cdt)0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers 1. That these variances apply only to the proposed accessory structure (detached garage), as generally sited and outlined in the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. 2. PICA 93/18 M. Bishop 522 Sheppard Avenue Carried Unanimously The applicant requests relief from Zoning By-law 3036, to permit the construction of an accessory structure (detached garage): • to be located in the west side yard and partially in the front yard, whereas the by-law requires all accessory structures to be located at the rear of the main building • to have a maximum height of 4.2 metres whereas the by-law requires a maximum height of 3.5 metres for accessory structures The applicant requests approval of these variances in order to obtain a building permit. 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 residents of 511 Sheppard Avenue, 514 Sheppard Avenue, 518 Sheppard Avenue, 526 Sheppard Avenue and 1481 Rosebank in support of the requested variances. Michael Bishop, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Michael Bishop explained the history of the property and in response to a question from a Committee Member, Michael Bishop stated that there will be no running water, HVAC or hoist installed in the proposed detached garage. Due to reviewing the staff report and satisfied with comments from the applicant, Tom Copeland moved the following motion: Page 3 of 11 -C¾0f-p](KERJNG Moved by Tom Copeland Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers That application PICA 93118 by M. Bishop, 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 accessory structure (detached garage), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. Carried Unanimously 3. PICA 94118 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 1.3 metres 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. 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. Rola Hamdan, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Rola Hamdan spoke to the letter of agreement with the concerned neighbour on Reeser Court. In response to a question from a Committee Member, Rola Hamdan stated the cedar trees will be planted in March 2019. Due to the agreement the applicant has made with the concerned resident on Reeser Court, Sean Wiley moved the following motion: Page 4 of 11 -Cif:;of-p](KERJNG Moved by Sean Wiley Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers That application PICA 94118 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 October 24, 2018). 2. That the applicant plant a row of cedar trees with heights of approximately 12 feet between the fence along the south property line and the proposed deck, prior to obtaining a building permit for the proposed construction. 3. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. 4. PICA 95118 Mattamy (Seaton) Limited 1009 Dashwood Court Carried Unanimously The applicant requests relief from Zoning By-law 7364114, as amended to permit a minimum rear yard setback of 5.2 metres, whereas the by-law requires a minimum rear yard setback of 5.5 metres. The applicant requests approval of this variance in order to obtain a building permit to construct a detached dwelling. 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. Liana Dimaranan, applicant, 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, Liana Dimaranan stated since the last minor variance application in 2016, they will be constructing a larger model home. Liana Dimaranan also stated there will be no walkway at the rear of the property and feels there will be no adverse impact due to the space around the property. Page 5 of 11 -C~0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers Due to reviewing the staff report and satisfied with comments from the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Sean Wiley That application PICA 95118 by Mattamy (Seaton) Limited, 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 detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. 5. PICA 96118 1747482 Ontario Inc. 700 Front Road Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended by By-law 6919108: • to permit a detached accessory structure on the property known as Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165 (municipally known as 700 Front Road) to be considered a subordinate structure to the main building (single detached dwelling) located on the property known as Lot 8 Plan 65, Parts 7, 8, 9, & 10 40R-26165 · (municipally known as 692 Front Road), whereas the by-law defines "accessory building" to mean a subordinate building, or structure on the same lot with the main building, or a part of the main building, devoted exclusively to an accessory use • to permit an accessory structure to have a maximum height of 4.0 metres whereas the by-law states that no accessory buildings shall exceed a height of 3.5 metres in any residential zone • to permit a maximum total lot coverage of all accessory buildings of 11.8 percent whereas the by-law states that the total lot coverage of all accessory buildings excluding private detached garages, shall not exceed 5.0 percent of the lot area The applicant requests approval of these variances in order to recognize an accessory structure on a property without a main building. The accessory structure is located within the "R4-21" zone. Page 6 of 11 -Ctq;0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers 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 the Toronto and Region Conservation Authority expressing no objections to the approval of the application. Lee Gray, applicant, 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, Lee Gray stated they will not be merging the properties because they plan on building a dwelling on the lot. Lee Gray also stated the accessory structure was built in March 2018 and is used to store kayaks and canoes. Due to reviewing the staff report and that there are no comments from the City's Engineering Services and no objections from the Toronto Region and Conservation Authority, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application PICA 96/18 by 1747482 Ontario Inc., 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 accessory structure on the property known as Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165 (700 Front Road), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2019, or this decision shall become null and void. 3. That the structure be considered subordinate to a main building at Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165 (municipally known as 700 Front Road), should one be built. 4. That this decision become null and void, should the main building (existing detached dwelling) at Lot 8 Plan 65, Parts 7, 8, 9, & 10 40R-26165 (municipally known as 692 Front Road) be demolished and no main building has been established at Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165 (municipally known as 700 Front Road). Carried Unanimously Page 7 of 11 -C0J0f-p](KER]NG 6. PICA 97/18 2545174 Ontario Inc. 490 Kingston Road Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 2457 /87 and By-law 3429/90 to permit a retail store, whereas the by-law does not permit a retail store. The applicant requests _approval of this variance in order to expand the list of permitted uses on the subject property to include a retail store (pharmacy). 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 512 Kingston Road requesting the minor variance application be denied. The comments expressed several concerns that parking in the surrounding area is already a problem. The parking lot of the Rosebank Plaza at 512 Kingston Road is frequently used as unauthorized overflow for the library and community centre, and as visitor parking for townhouses in the area. Delivery vehicles for the subject property at 490 Kingston Road have used the 512 Kingston Road parking lot and the subject property at 490 Kingston Road has insufficient parking. Adding the requested uses will result in an increased level of unauthorized vehicles parking at 512 Kingston Road. These comments were received by the City Development Department prior to the applicant withdrawing the request for personal service shop use. Akbar Ali, agent, was present to represent the application. Bill Getsos of 133 Prohill Street was present in objection to the application. Akbar Ali provided a history of the subject property and explained the application. He stated that since filing the minor variance application they have withdrawn the request to include a personal service use (hair salon). Bill Getsos and Angelos Kessinis spoke to the correspondence previously submitted in opposition to the application. Bill Getsos and Angelos Kessinis expressed a concern that if the proposed use is approved it will require additional parking that will impact adjacent properties because of the lack of parking spaces on the subject site. They also expressed a concern regarding the unauthorized overflow parking that occurs on weekends from the community centre and the library. Page 8 of 11 -C1°f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers In response to questions from Committee Members, Akbar Ali indicated there are no parking issues on the site and that there are approximately 7 to 8 empty parking spaces on any given day, and that the site is not impacted by the overflow parking on the weekends generated from the community centre and the library. Akbar Ali stated the proposed pharmacy use will not generate additional traffic or parking and the business hours would be until 6:00 pm and would be earlier on weekends. Due to the submission of a parking study supporting the proposed use and reviewing the staff report, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Sean Wiley That application PICA 97118 by 2545174 Ontario Inc., be Approved on the grounds that the addition of a retail store (pharmacy) 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 retail store (pharmacy) shall be limited to a maximum gross leasable floor area of 70 square metres. 2. That the retail store (pharmacy) shall only be permitted accessory to a medical clinic or physician's office located within the same building. 7. PICA 98118 J. Delaney 1615 Alwin Circle Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 4356173: • to permit a maximum building coverage of 36.5 percent, whereas the by-law requires a maximum building coverage of 33 percent • to permit a minimum side yard setback of 0. 7 of a metre, whereas the by-law requires a minimum side yard setback of 1.0 metre The applicant requests approval of these variances in order to permit the construction of an attached garage and to recognize and existing side yard deficiency. 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. Page 9 of 11 -Ctq;0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers Michael Ropret, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Michael Ropret stated there was a fire that had occurred early in the year and explained the purpose of the application. In response to a question from a Committee Member, Michael Ropret explained there was an open space between the house and detached garage that the applicant would like to enclose. Due to reviewing the staff report and satisfied with comments from the agent, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application PICA 98/18 by J. Delaney, 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 proposed attached garage and existing side yard setback, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. Carried Unanimously Page 10 of 11 -C0)of-p](KERJNG (IV) Adjournment Moved by Tom Copeland Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers That the 14th meeting of the 2018 Committee of Adjustment be adjourned at 7:47 pm and the next meeting of the Committee of Adjustment be held in January 2019. Carried Unanimously Date Chair ~reasur Page 11 of 11