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HomeMy WebLinkAboutApril 10, 2019-C14°f-p](KERJNG Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Samantha O'Brien, Assistant Secretary-Treasurer Tanjot Bal, Planner I (I) Disclosure of Interest No disclosures of interest were noted. (II) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, April 10, 2019 7:00 pm Council Chambers That the agenda for the Wednesday, April 10, 2019 meeting be adopted. (Ill) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday, March 13, 2019 be adopted as amended Carried Unanimously Page 1 of 8 -Cdt;of-p](KERJNG (IV) Reports 1. PICA 15119 R. Wong 1976 Royal Road Committee of Adjustment Meeting Minutes Wednesday, April 10, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum north side yard width of 1.2 metres, whereas the by-law requires 1.8 metres. The applicant requests approval of this variance in order to obtain a building permit to facilitate an addition to 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. Roberto Wong, applicant, 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, Roberto Wong stated the 700 square foot existing footprint pertains only to the front portion. The minor variance application is to permit a second floor addition with a stairwell. After reviewing the submitted plans, staff recommendation and having no objections from neighbours, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application PICA 15119 by R. Wong, 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 addition, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2, 3, & 4 contained in Committee of Adjustment Report dated April 10, 2019). 2. That the applicant obtain a building permit for the proposed construction by April 9, 2021, or this decision shall become null and void. Carried Unanimously Page 2 of 8 -C1°f-p](KER]NG 2. PICA 17119 R. & N. Gupta 1910 Pine Grove Avenue Committee of Adjustment Meeting Minutes Wednesday, April 10, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 6578105 to permit a minimum west side yard width of 0.95 of a metre, whereas the by-law requires a minimum west side yard width of 1.0 metre, as approved by PICA 08118. The applicant requests approval of this variance in order to complete construction of 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. Rakesh Gupta, 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, Rakesh Gupta stated the requested minor variance application has been submitted to correct a construction error discovered at the building permit stage. When asked about the installation of a fence, Rakesh Gupta indicated a fence will be erected on the surveyed lot line. Moved by Eric Newton Seconded by Sean Wiley That application PICA 17119 by R. & N. Gupta, 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 detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated April 10, 2019). 2. That the applicant revise their building permit for the proposed construction by April 9, 2020, or this decision shall become null and void. Carried Unanimously Page 3 of 8 3. PICA 18119 & PICA 19119 C. Gallo & J. Ciancio 1473 Rougemount Drive Committee of Adjustment Meeting Minutes Wednesday, April 10, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912188: PICA 18119 (1473 Rougemount Drive, Proposed Retained Lot): • to permit a minimum lot frontage of 16.9 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum side yard width of 1.5 metres, whereas the by-law requires a minimum side yard width of 1.8 metres • to permit a maximum building height of 9.6 metres, whereas the by-law requires a maximum building height of 9.0 metres PICA 19119 (1473 Rougemount Drive, Proposed Severed Lot): • to permit a minimum lot frontage of 16.9 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum side yard width of 1.5 metres, whereas the by-law requires a minimum side yard width of 1.8 metres • to permit a maximum building height of 9.6 metres, whereas the by-law requires a maximum building height of 9.0 metres The applicant requests approval of these variances in order to create one additional lot through the Region of Durham Land Division Committee and to obtain building permits to construct detached dwellings on the proposed severed and retained parcels (refer to Exhibits 1, 2, 3, & 4 contained in Committee of Adjustment Report dated April 10, 2019). 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. Cesare Gallo, 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, Cesare Gallo stated the requested minor variances are identical to the previously approved variances that lapsed. He also indicated he is able to obtain final clearance from the Land Division Committee by July 29, 2019. When asked about the tree preservation plan, Cesare Gallo noted this to be a condition for severance. Page 4 of 8 -C0)0/-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, April 10, 2019 7:00 pm Council Chambers In response to a question from a Committee Member, the Secretary-Treasurer stated, 0.6 of a metre increase in the building height is minor in nature and does not negatively affect the streetscape and neighborhood. Given that the lot frontages were previously approved, there have not been any changes to the application, and the building height and side yards meet the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Tom Copeland That application PICA 18119 (Proposed Retained Lot) and PICA 19119 (Proposed Severed Lot) by C. Gallo & J. Ciancio, be Approved on the grounds that the minimum lot frontage of 16.9 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 this variance applies only to the proposed lot configuration, as generally outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment Report dated April 10, 2019). 2. That the applicant obtain final clearance for Land Division Application LO 94118 by July 26, 2019, or this decision shall become null and void. and A minimum side yard width of 1.5 metres and a maximum building height of 9.6 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 detached dwelling, as sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4 contained in Committee of Adjustment Report dated April 10, 2019). 2. That the applicant obtain a building permit for the proposed construction by April 9, 2021, or this decision shall become null and void. Carried Unanimously Page 5 of 8 -C1of-p](KER]NG 4. PICA 20/19 K. Arndt & B. Greer 1954 Fairport Road Committee of Adjustment Meeting Minutes Wednesday, April 10, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended, to permit an accessory building (detached garage) with a maximum height of 6.7 metres, whereas the by-law states no accessory building shall exceed a height of 3.5 metres in any residential zone. The applicant requests approval of this variance in order to recognize an existing 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. Kenneth Arndt, applicant, and Brian Moss, agent, were present to represent the application. Regional Councillor, Ward 2, Bill McLean was present in opposition to the application. No further representation was present in favour of or in objection to the application. In speaking to the application, Kenneth Arndt stated the garage has been on the property since 1996 and he has not received any complaints regarding the height. Kenneth Arndt indicated he submitted the application to have the Committee address the height of the garage. In speaking to the application, Councillor McLean addressed two concerns, the first being the height of the garage. The second being the demolition of the Granny Suite to take place when the construction of the new dwelling occurred. Councillor McLean went on to state there are two dwellings currently on the property with a breezeway to connect the Granny Suite with the new dwelling. He indicated Building Services is requiring the construction of a foundation to join the two dwellings. Councillor McLean would like confirmation that the applicant will apply for a building permit for the construction of the foundation, and that the property be brought into conformity with the zoning by-law in a timely fashion. In response to a question from Councillor McLean, Tanjot Bal stated the conditions of severance include the payment of various fees and submission of plans. In response to concerns from Councillor McLean, Kenneth Arndt discussed various building permits from 1996 and 2002 that address construction of a 3-storey addition and garage, alterations to the roof of the garage adding three dormers, and approval of an accessory dwelling unit (Granny Suite). Page 6 of 8 -Cift;of-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, April 10, 2019 7:00 pm Council Chambers In response to questions from a Committee Member, Kenneth Arndt stated he has had possession of the property since November 1993. He also noted there is no hoist, insulation, or vapor barriers in the garage; there is electrical and rough-in for sewage, the trusses are open and the second floor is used to store general household items. In addressing the application, Committee Members stated their concerns the staff report does not include history of the property and it is common practice to require properties be brought into conformity with the zoning by-law as a condition of approval of a severance application. In response to a question from a Committee Member, the Secretary-Treasurer stated the two existing units conform to the by-law as the Granny Suite is a legal Accessory Dwelling Unit. Moved by Tom Copeland Seconded by Eric Newton That application PICA 20/19 by K. Arndt & B. Greer, be Deferred to the next Committee of Adjustment meeting to allow the Committee Members to visit the subject property and to allow for staff to forward additional information regarding the history of the property to the Committee Members. Carried Unanimously Page 7 of 8 -C~0f-p](KER]NG Adjournment Moved by Eric Newton Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, April 10, 2019 7:00 pm Council Chambers That the 4th meeting of the 2019 Committee of Adjustment be adjourned at 7:35 pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 8, 2019. Carried Unanimously Date Chair Assistant Secretary-Treasurer Page 8 of 8