HomeMy WebLinkAboutFebruary 13, 2019-Ct4;0f-p](KERJNG 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 Samantha O'Brien, 'Assistant Secretary-Treasurer Cody Morrison, Planner II, Observer Absent (I) Adoption of Agenda Moved by Eric Newton Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, February 13, 2019 7:02 pm Council Chambers That the agenda for the Wednesday, February 13, 2019 meeting be adopted. (II) Adoption of Minutes · Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 1st meeting of the Committee of Adjustment held Wednesday, January 9, 2019 be adopted. Carried Unanimously Page 1 of 8
-C~6f-p](KER1NG (Ill) Reports 1. P/CA01/19 B. & N. Gray 708 Front Road Committee of Adjustment Meeting Minutes Wednesday, February 13, 2019 7:02 pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18 to: • permit a minimum rear yard depth of 1.5 metres, whereas the by-law requires a minimum rear yard depth of 7 .5 metres • permit a minimum front yard depth of 0 metres, whereas the by-law requires a minimum front yard depth of 7.5 metres • permit a maximum building height of 9.15 metres, whereas the by-law requires a maximum building height of 9.0 metres • recognize an existing covered porch not exceeding 3.0 metres in height projecting to the front lot line, whereas the by-law requires uncovered steps and platforms not exceeding 1.0 metre in height may project a maximum of 1.5 metres into the required front yard The applicant requests approval of these variances in order to obtain a building permit for a proposed addition to an existing dwelling.01 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 no objection to the proposal and that a grading plan be submitted with the building permit application, to ensure no adverse impacts will occur on the neighbouring properties due to additional roof drainage. Ben 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, Ben Gray stated the application was approved in previous years however it was not built due to lack of available funds. Ben Gray also stated there is adequate amenity space in the side yard which is fenced in, and the porch was existing at the time of purchase of the property in 2005. Page 2 of 8
-C0J6/-p](KER1NG Committee of Adjustment Meeting Minutes Wednesday, February 13, 2019 7:02 pm Council Chambers After reviewing the staff report and noting that the height variance is quite minor, and that the requested variances were previously approved by the Committee, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application PICA 01119 by B. & N. Gray, 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 addition and garage, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated February 13, 2019). 2. That the applicant obtain a building permit for the proposed construction by February 12, 2021, or this decision shall become null and void. 2. PICA 05119 Steele Valley Development Ltd. 1300 Kingston Road Carried Unanimously The applicant requests relief from Zoning By-law 7553117, as amended, to permit a 167 square metre temporary outdoor display and sales (garden centre) use accessory to a food store use; whereas an outdoor display and sales (garden centre) use accessory to a food store use is not permitted by the by-law. The applicant requests approval of this variance in order to establish an outdoor garden centre use on a seasonal basis. 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. Tracy Zhuag, agent, 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, Tracy Zhuag stated that the seasonal restrictions to only permit the outdoor display and sales (garden centre) use between April 1st and August 1st are acceptable. Page 3 of 8
Moved by Tom Copeland Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, February 13, 2019 7:02 pm Council Chambers That application PICA 05/19 by Steele Valley Development 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 outdoor display and sales (garden centre) use, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment Report dated February 13, 2019). 2. That the operation of the outdoor display and sales (garden centre) shall only be permitted from April 1st to August 1st. 3. That the outdoor display and sales (garden centre) use shall only be permitted accessory to a food store located on the property. 3. P/CA07/19 J. Chin 1473 Highbush Trail Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended, to recognize an existing accessory structure (gazebo): • erected in the front yard, whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard • having a maximum height of 4.3 metres, whereas the by-law permits a maximum height of 3.5 metres for accessory structures in any residential zone 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 from a resident of 1476 Highbush Trail were also received in support of the application. Janine Chin, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 4 of 8
____.___c1 of-P 1 CKE R 1 NG Committee of Adjustment Meeting Minutes Wednesday, February 13, 2019 7:02 pm Council Chambers In response to questions from Committee Members, Janine Chin stated the structure is glassed in and has walls and operating doors. The main purpose is to enclose a hot tub. Janine Chin also stated it was built in 2018, and a contractor was used to construct it. After reviewing the staff report and noting that the gradinglstreetscape will screen the structure, and that a letter of support was received from a neighbour, Sean Wiley moved the following application: Moved by Sean Wiley Seconded by Eric Newton That application PICA 07119 by J. Chin, 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 (gazebo), as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment Report dated February 13, 2019). 2. That the applicant obtain a building permit for the existing accessory structure (gazebo) by February 12, 2020, or this decision shall become null and void. 4. PICA 08119 M. Senviczki 901 Reytan Boulevard Carried Unanimously The applicant requests relief from Zoning By-law 2520, as amended, to permit a minimum side yard setback of 0.9 of a metre, whereas the by-law requires a minimum side yard setback of 1.5 metres. The applicant requests approval of this variance in order to obtain a building permit to reconstruct the vestibule. 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 application. Les Elo, agent, was present to represent the application. Margaret Drake of 899 Reytan Boulevard, was present in objection to the application. No further representation was present in favour of or in objection to the application. Page 5 of 8
-C~0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, February 13, 2019 7:02 pm Council Chambers Les Elo spoke to the application stating he would like to close up the carport for the garage since it is the only entrance into the house. The vestibule would be a secondary entrance into the house. Margaret Drake spoke in opposition to the application stating that while she has no objection to the proposed variances, her concerns are that appropriate slopes, eaves troughs and downspouts are provided to ensure the proposed vestibule does not cause water to drain onto her property. Margaret Drake also stated a vestibule did not exist prior, however patio stone and mosquito netting were present. In response to questions from Committee Members, Les Elo stated a grading plan will be submitted and he will consult with Margaret Drake to ensure drainage concerns are met. After reviewing the staff report and confident that the drainage concerns will be addressed through the building permit application, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application PICA 08119 by M. Senviczki, 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 reconstruction of the vestibule, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment Report dated February 13, 2019). 2. That the applicant obtain a building permit for the proposed construction by February 12, 2021, or this decision shall become null and void. 5. PICA 10119 Dunbarton-Fairport United Church 1066 Dunbarton Road Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 2285186 to permit the maximum number of children in all day nurseries to be p.ursuant to the provisions of the Child Care and Early Years Act 2014, or any successor thereto, whereas the by-law requires a maximum of 60 children enrolled at any one time. Page 6 of 8
-Ct%of-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, February 13, 2019 7:02 pm Council Chambers The applicant requests approval of this variance to obtain a child care license from the Ministry of Education allowing the existing day nursery to increase the number of students. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Ken Collins, 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, Ken Collins stated the daycare currently has an enrollment of 55 and has been advised by the Ministry that enrollment can be increased beyond the maximum of 60 children permitted by the Zoning By-law. He indicated the daycare has a waitlist and wishes to expand enrollment based on ministry guidelines to a maximum of approximately 75. Ken Collins also stated the daycare and church do not operate at the same time and there is no anticipated concerns regarding parking and traffic since the site allows for 150 parking spaces. While concerned about removing a zoning provision placed by Council, but understanding that parking concerns are not expected as the church and daycare uses do not operate at the same time, and that the daycare will be required to satisfy the provisions of the Child Care and Early Years Act 2014, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Tom Copeland That application PICA 10/19 by Dunbarton-Fairport United Church, be Approved on the grounds that the 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. Carried Unanimously Page 7 of 8
Adjournment Moved by Eric Newton Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, February 13, 2019 7:02 pm Council Chambers That the 2nd meeting of the 2019 Committee of Adjustment be adjourned at 7:31 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 13, 2019. Carried Unanimously Date Chair Page 8 of 8