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HomeMy WebLinkAboutJune 12, 2019Present 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 Absent 1. Disclosure of Interest No disclosures.of interest were noted. 2. Adoption of Agenda Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers That the agenda for the Wednesday, June 12, 2019 meeting be adopted. 3. Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, May 8, 2019 be adopted. Carried Unanimously Page 1 of 14 -C1of-p](KER]NG 4. Reports 4.1 P/CA26/19&P/CA27/19 W. & P. Sozanski 1893 Appleview Road PICA 26119 (Proposed Retained Parcel) Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.7 metres; whereas the by-law requires a minimum lot frontage of 18.0 metres. PICA 27119 (Proposed Severed Parcel) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.7 metres; whereas the by-law requires a minimum lot frontage of 18.0 metres. The applicant requests approval of these minor variance applications in order to facilitate the creation of one additional lot through the Region of Durham Land Division Committee (File Number LO 056/19). New Detached dwellings are proposed for both 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 application. Written comments were also received from two area residents opposed to the variance and severance of the property. The various concerns raised outlined opposition to the cul-de-sac and its proximity to existing houses; loss of green space and vegetation; vehicular parking, traffic and safety; zoning issues; snow clearing and storage; as well as drainage and storm servicing. Maurizio Rogato, agent, was present to represent the application. Albert Snyder of Appleview Road was present in objection to the application. Larry Debona of Heathside Crescent was present in objection to the application. No further representation was present in favour of or in objection to the application. Maurizio Rogato spoke in support of the application, stating the applicant is in support of City staff's recommendation and that the Land Division application was conditionally approved on April 10, 2019. Page 2 of 14 Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers Albert Snyder spoke to the application, stating his concern for the construction of a cul-de-sac and 8 foot difference in grade at the house which would cause the need for a retaining wall at the property line. Larry Debona spoke to the application, indicating his concerns with the cul-de-sac, vehicular speeding, height of the house due to grade, retaining wall installation, reduced value of the neighbourhood, as well as light and noise pollution. In response to the concerns raised by area residents, Maurizio Rogato stated the list of conditions for severance included no adverse impact on abutting lands, which would include a proper lot grading and drainage plan. He went on to indicate the cul-de-sac was designed in coordination with the City's Engineering Services Department, a civil engineer has reviewed the height, and there is no intention for light pollution which will also be evaluated during grading. Maurizio Rogato discussed the applicant's willingness to meet and work with area residents on having their concerns addressed. In response to questions from Committee Members, Maurizio Rogato stated the cul-de-sac is not necessary, however the City's Engineering Services Department has made it a condition for severance to improve maintenance and waste collection. When asked about the impact on the parkette and greenspace, Maurizio Rogato stated the City's footpath will remain, with minimum impact to City lands. He advised the cedar trees are on private property where conditions of severance include tree compensation. In response to questions from Committee Members, the Secretary-Treasurer advised the City is satisfied with the half-bulb design turning circle and there are no future plans to complete a full circular design at this time. Given that the concerns from residents have been heard and are more adequately addressed at the Land Division Committee, the existing lot is oversized and the proposed frontages would be in character with the neighbourhood, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sean Wiley That applications PICA 26119 and PICA 27119 by W. & P. Sozanski, 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 a final clearance for Land Division Application LO 056119 by July 1, 2020, or this decision shall become null and void. Carried Unanimously Page 3 of 14 -C~6f-p](KER1NG 4.2 PICA 28119 G. & R. Demian 1528 Major Oaks Road Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015185 to permit an uncovered deck not exceeding 2.9 metres in height above grade and not projecting more than 3.2 metres into the required rear yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres into any required front or rear yard and not more than 0.5 of a metre in any required side yard. The applicant requests approval of this variance in order to obtain a building permit for an uncovered deck. 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. Reda Demian, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Given that the application conforms to the overall character of the neighbourhood, the home has two rear entrances, the existing slope of the yard, and the application meets the four tests of the Planning Act, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application PICA 28119 by G. & R. Demian, 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 uncovered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant' obtain a building permit for the proposed construction by June 11, 2021, or this decision shall become null and void. Carried Unanimously Page 4 of 14 -Ctq;0f-p](KER]NG 4.3 PICA 29119 S. Zielinski & C. McPhee 209 Gwendolyn Street Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 1700183 to permit an accessory structure (pool cabana) 2.8 metres in height to be set back 0.6 metres from the westerly side lot line and 0.6 metres from the rear lot line, whereas the by-law requires 1.0 metre from all lot lines. The applicant requests approval of this variance in order to obtain a building permit to construct an accessory structure (pool cabana). 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 Gwendolyn Street and Rouge Valley Drive in support of the application. Paul Guest, agent, was present to representthe application. No further representation was present in favour of or in objection to the application. Given that support was provided by neighbours and there were no comments from the Engineering Services Department, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application PICA 29119 by S. Zielinski & C. McPhee, be Approved on the grounds that the 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 (pool cabana), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant obtain a building permit for the proposed construction by June 11, 2021, or this decision shall become null and void. Carried Unanimously Page 5 of 14 -C1o/-p](KER1NG 4.4 PICA 30119 M. Thompson & E. Clements 531 Carmello Court Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended by By-law 4354173 to permit: • a covered deck not exceeding 3.5 metres in height above grade and not projecting more than 2.7 metres into the required rear yard, whereas the by-law requires uncovered steps and platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required front yard, not 1.0 metre into any required side yard; and • a maximum lot coverage of 34 percent, whereas the by-law requires a maximum building coverage of 33 percent. The applicant requests approval of these variances in order to obtain a building permit for a covered deck. 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. Erin Clements, 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, the Secretary-Treasurer indicated that the requested variance as described in the report and exhibits to be correct. Moved by Eric Newton Seconded by Sean Wiley That application PICA 30119 by M. Thompson & E. Clements, be Approved on the grounds that 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 covered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant obtain a building permit for the proposed construction by June 11, 2021, or this decision shall become null and void. Carried Unanimously Page 6 of 14 -Cdf;0f-p](KERJNG 4.5 PICA 31119 Seaton TFPM Inc. 1705 Whitevale Road Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3037, as amended by By-law 6577105 to permit a temporary sales facility, whereas the by-law does not permit a temporary sales facility within an agricultural zone. The applicant requests approval of this variance in order to permit a temporary sales facility on the subject lands for a maximum of 10 years. 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. Thomas Kastelic, 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, Thomas Kastelic advised that the 10-year plan for the property is to eventually take down the temporary structure and submit development applications for a mixed-corridor block development. Moved by Sean Wiley Seconded by Tom Copeland That application PICA 31119 by Seaton TFPM Inc., be Approved on the grounds that the temporary sales facility is minor in nature, desirable for the appropriate development of the land, and is 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 temporary sales facility, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain Site Plan Approval for the proposed temporary sales facility by June 11, 2021, or this decision shall become null and void. 3. That the temporary sales facility be setback a minimum of 15.0 metres from Brock Road and a minimum of 15.0 metres from Whitevale Road. 4. That the decision of the Committee shall be null and void after June 12, 2029. Carried Unanimously Page 7 of 14 4.6 PICA 32119 C. Serroul 1427 Rougemount Drive Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912188 to permit a minimum side yard of 1.5 metres, whereas the by-law requires one side yard a minimum of 1.5 metres and the other side yard a minimum of 2.4 metres. The applicant requests approval of this variance in order to obtain a building permit for a two-storey 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 the Toronto and Region Conservation Authority expressing no concerns with the application. Muhammad Khan, 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, Muhammad Khan stated the steps are inset into the porch and will not encroach into the front yard. Given that the requested side yards are desirable, and the scale of the proposed construction is compatible with the neighbourhood, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application PICA 32119 by T. Serroul, be Approved on the grounds that the requested variance to be 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 construction, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant obtain a building permit for the proposed construction by June 11, 2021, or this decision shall become null and void. Carried Unanimously Page 8 of 14 -C0)of-p](KER1NG 4.7 P/CA33/19 Steele Valley Developments Ltd. 1300 Kingston Road Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 7553/17, as amended, to permit a 306 square metre outdoor display and sales use (garden centre) accessory to a food store, whereas a previous decision by the Committee of Adjustment permitted a 167 square metre outdoor display and sales use (garden centre) accessory to a food store, subject to conditions. The applicant requests approval of this variance in order to permit an outdoor seasonal garden centre accessory to a food store to be located in the food store's parking lot. 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 in opposition of the application from a resident. The various concerns addressed size; safety; traffic; lack of parking; location; and obstruction of accessible parking spaces. The resident requested unobstructed accessible parking, and the garden centre be relocated next to the building by the sidewalk, as originally approved by the Committee. Melissa Lin, 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, Melissa Lin stated the applicant would only take 1 to 2 days to make the necessary changes to the property as outlined in the conditions. Given the applicant's response to the conditions set out by the Committee and hearing staff's recommendation from the Report, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Denise Rundle That application PICA 33/19 by Steele Valley Developments Ltd., 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 plans. Page 9 of 14 -Ctqfof-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 2. That the outdoor display and sales (garden centre) use shall only be permitted accessory to a food store located on the property. 3. That the outdoor display and sales (garden centre) use shall not encumber the first row of parking spaces closest to the food store building, including any accessible parking space, and the last row of parking spaces closest to Kingston Road (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 4. That the applicant comply with Condition 3. within 7 days (June 19, 2019), or this decision shall become null and void. 5. That only one outdoor display and sales (garden centre) use shall be permitted on the property. 6. That the operation of the outdoor display and sales (garden centre) shall only be permitted from April 1 to August 1. 4.8 PICA 34/19 S. Batonga 1240 Maple Ridge Drive Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 1104/80 to permit an uncovered deck not exceeding 2.6 metres in height above grade and not projecting more than 1.5 metres into the required rear yard and not more than 0.5 of a metre in any required side yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required rear yard and not more than 0.5 of a metre in any required side yard. The applicant requests approval of this variance in order to obtain a building permit for an uncovered deck. 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. Sean Loucks, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In support of the application, Sean Loucks advised that the construction of the new deck will be a replica of the existing deck with no change in size. Page 10 of 14 -C~0f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers In response to a question from a Committee Member, the Secretary-Treasurer advised that the dwelling has a greater rear yard setback than required and the deck does not encroach into the rear yard. Moved by Sean Wiley Seconded by Eric Newton That application PICA 34119 by S. Batonga, 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 uncovered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant obtain a building permit for the proposed construction by June 11, 2021, or this decision shall become null and void. 4.9 PICA 35119 R. & M. Fernandez 1102 Petunia Place Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 1701183 to permit: • a covered platform projecting 2.6 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 • an accessory building (chimney) to be 4.2 metres in height, 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 a covered platform. 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 11 of 14 -C~0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers Ricardo Fernandez, applicant, was present to represent the application. Bruce Laidley of Gwendolyn Street was present to seek further clarification on the application. No further representation was present in favour of or in objection to the application. Bruce Laidley spoke to the application to receive clarification on the use of the chimney structure, requesting it not be used as a wood burning stove that could negatively impact adjacent properties. In response to questions from Committee Members, Ricardo Fernandez stated the intent of the structure is for family barbeques on a charcoal grill. He described the structure's height to be measured to the top of the flue of the chimney. Ricardo Fernandez also indicated that there are no future plans to enclose the sides of the structure as an indoor living space. In response to a question from a Committee Member, the Secretary-Treasurer advised that the height of the covered platform complies with the zoning by-law and the variance is required to permit the chimney as its height is measured to the top of the flue. Given that the Report and proposal has been given serious consideration, there are some concerns with the freestanding chimney due to the size and scale, the proposal could be amended to comply with the bylaws, the proposal is not in character with the neighbourhood and the proposal is an overdevelopment of the property, Denise Rundle moved the following motion: Moved by Denise Rundle Motion not seconded That application PICA 35119 by R. & M. Fernandez, be Refused on the grounds that the proposed variances are not considered to be 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. Motion Lost Notwithstanding some reservations on the approach taken by this application, Sean Wiley moved the following motion subject to conditions: Moved by Sean Wiley Seconded by Tom Copeland That application PICA 35119 by R. & M. Fernandez, be Approved on the grounds that the proposed 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 12 of 14 -C1°f-p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 1. That these variances apply only to the covered platform and chimney structure, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the chimney structure be used only for the grilling of food and not wood burning. 3. That the applicant obtain a building permit for the proposed construction including the chimney structure by June 11, 2021, or this decision shall become null and void. Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley in favour in favour in favour opposed in favour Carried Page 13 of 14 Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 5. Adjournment Date Chair Moved by Eric Newton Seconded by Tom Copeland That the 6th meeting of the 2019 Committee of Adjustment b~ adjourned at 8:29 pm and the next meeting of the Committee of Adjustment be held on Wednesday, July 10, 2019. Carried Unanimously Page 14 of 14