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HomeMy WebLinkAboutDecember 11, 2019CGa of DICKERING Present Tom Copeland — Vice -Chair (arrived at 7:15 pm) David Johnson — Chair Eric Newton Denise Rundle Sean Wiley Also Present Cody Morrison, Secretary -Treasurer Samantha O'Brien, Assistant Secretary -Treasurer Absent Deborah Wylie, Secretary -Treasurer 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Eric Newton Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, December 11, 2019 7:00 pm Council Chambers That the agenda for the Wednesday, December 11, 2019 meeting be adopted. Carried 3. Adoption of Minutes Moved by Eric Newton Seconded by Sean Wylie That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, November 13, 2019 be adopted. Carried David Johnson, Chair, stated that he will abstain from voting on all applications heard for the Wednesday, December 11, 2019 Committee of Adjustment meeting until the fifth Committee Member arrives, in order to prevent a tie vote. Page 1 of 13 C4 o� Committee of Adjustment Meeting Minutes PICKERINGWednesday, December 11, 2019 7:00 pm Council Chambers 4. Reports 4.1 P/CA 66/19 A. McKay & N. Sabourin 4959 Brock Road The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit an accessory structure (shed) in the front yard, whereas the by-law requires all accessory buildings that are not part of the main building to be erected in the rear yard. The applicant requests approval of this variance in order to permit an existing accessory structure (shed) in the front 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 expressing no comments on the application. Written comments were received from the City's Building Services Section expressing no comments on the application. Written comments were received from 6 residents of Brock Road, Victoria Street, and Henry Street in support of the application. Written comments were received from 2 residents of Joseph Street and Wellington Street in objection to the application. Adam McKay, applicant, was present to represent the application. Todd Norris of Wellington Street was present in objection to the application. No further representation was present in favour of or in objection to the application. Adam McKay spoke in support of the application stating the purpose of the accessory building to be located in the front yard is for storage of seasonal maintenance equipment. Todd Norris spoke in opposition to the application stating the accessory structure is in close proximity to the property line where he parks his vehicles, it is not aesthetically pleasing and requests that it be removed or modified. In response to a question posed by a Committee Member, Todd Norris explained his request to modify the existing structure could be satisfied by lowering the perimeter walls to reduce the overall height. Page 2 of 13 C4 o� Committee of Adjustment Meeting Minutes PICKERINGWednesday, December 11, 2019 7:00 pm Council Chambers In response to questions from Committee Members, Adam McKay stated the accessory structure was constructed around September 2019 and was purchased as a premade kit to be assembled at home, reconfiguring the existing structure would be quite difficult. Given the unique situation in determining the front yard, that the rear yard abuts the side yard of the adjacent property, that an adequate streetscape is maintained, and that views are not impacted; and as the four tests of the Planning Act as outlined by the City Development Department are met, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sean Wiley That application P/CA 66/19 by A. McKay & N. Sabourin, 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 condition: 1. That this variance apply only to the existing accessory structure (shed), as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated December 11, 2019). Carried Vote Eric Newton opposed Denise Rundle in favour Sean Wiley in favour 4.2 P/CA 67/19 G. Slater 1305 Luna Court The applicant requests relief from Zoning By-law 2520, as amended by By-laws 173/75 and 406/76 to permit: • a maximum building coverage of 41 percent, whereas the by-law requires a maximum building coverage of 33 percent; • a minimum side yard width of 0.3 of a metre to the east lot line, whereas the by-law requires a minimum side yard width of 1.2 metres. The applicant requests approval of these variances in order to obtain a building permit for an existing covered platform. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Page 3 of 13 C4 o� Committee of Adjustment Meeting Minutes PICKERINGWednesday, December 11, 2019 7:00 pm Council Chambers Written comments were received from the City's Engineering Services Department stating no opposition to the proposed 0.3 of a metre setback considering it is a semi-detached dwelling, and drainage from the covered platform will be directed to the rear yard. Written comments were received from the City's Building Services Section expressing no comments on the application. Written comments were received from two property owners of Luna Court in support of the application. Greg Slater, 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 posed by Committee Members, Greg Slater stated there was an existing deck when the house was purchased approximately 5 years ago. He started minor alterations in refinishing the deck and began the process of applying for a building permit to complete the work when the by-law violations were identified around July 2019. Given the comments heard from the applicant, and taking into account the City Development Department's Report, as well as considering the drainage to be self-contained onto the subject property, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 67/19 by G. Slater, 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: That these variances apply only to the dwelling and platform, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated December 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by December 11, 2020, or this decision shall become null and void. Carried Unanimously Page 4 of 13 CG o� Committee of Adjustment Meeting Minutes PICKERINGWednesday, December 11, 2019 7:00 pm Council Chambers 4.3 P/CA 68/19 F. Daniel 129 Thicket Crescent The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93 to permit an accessory structure (shed) to be setback 0.3 of a metre from the side and rear lot lines, whereas the by-law requires a setback of 1.0 metres. The applicant requests approval of this variance in order to recognize an existing shed. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending deferral of the application to the January 8, 2020 meeting. Neither the applicant nor an 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 posed by a Committee Member, the Secretary -Treasurer stated the City Development Department is comfortable that all parties will have reasonable time to gather the necessary information for the January 8, 2020 meeting. Given the comments heard by City staff and the lack of representation from the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application P/CA 68/19 by F. Daniel, be Deferred to the next available meeting, January 8, 2020, to allow staff to recirculate a revised Public Notice as it relates to the variances requested. Carried Unanimously 4.4 P/CA 69/19 First Simcha Shopping Centres Ltd. & Calloway REIT (Pickering) 1899 Brock Road The applicant requests relief from Zoning By-law 3036, as amended by By-laws 551/99, 6961/09 & 6964/09, to permit: • a personal service shop, whereas the by-law permits personal service shop as an accessory use to a business office, a discount department store, a professional office and a retail store • a commercial school, whereas the by-law does not permit commercial school as a permitted use Page 5 of 13 CU o� Committee of Adjustment Meeting Minutes PICKERINGWednesday, December 11, 2019 7:00 pm Council Chambers a maximum aggregate floor area for all restaurants — type F of 5,000 square metres, whereas the by-law permits a maximum aggregate floor area for all restaurants — type F of 2,000 square metres, unless at least one restaurant —type F has a minimum floor area of 1,000 square metres, in which case the maximum aggregate floor area for all restaurants —type F shall be 3,000 square metres The applicant requests approval of this application to allow a personal service shop as an independent use, to permit a commercial school as a new use and to increase the maximum aggregate floor area for restaurants — type F from 2,000 to 5,000 square metres. 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 received from the City's Building Services Section expressing no comments on the application. Written comments were received from the Toronto and Region Conservation Authority expressing no objections to the application. Tyler Peers, 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 by a Committee Member, the Secretary -Treasurer read out - the by-law definitions for personal service shop. The Secretary -Treasurer also stated the by-law definition for restaurant — type F. In response to questions posed by Committee Members, Tyler Peers stated the requested variances are to be applied to the existing built -out spaces on the subject lands. Tyler Peers indicated there has been a request for a children's tutoring service facility at this site and the exact unit and tenants are undetermined at this time. Denise Rundle moved the following motion: Page 6 of 13 C� o� Committee of Adjustment Meeting Minutes PICKERING Wednesday, December 11, 2019 7:00 pm Council Chambers Moved by Denise Rundle Seconded by Tom Copeland That application P/CA 69/19 by First Simcha Shopping Centres Limited & Calloway REIT (Pickering) 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 condition: 1. That where a commercial school is permitted the total floor area shall be limited to 464.5 square metres (5000 square feet). Carried Unanimously 4.5 P/CA 70/19 Y. Vienneau 1749 Hoxton Street The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06, to permit a covered platform not exceeding 0.5 of a metre in height above grade and not projecting more than 2.4 metres into the required front yard, whereas the by-law permits 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. The applicant requests approval of this variance in order to obtain a building permit to construct an unenclosed covered platform in the front yard. The current building is occupied by a fence and deck business. 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 received from the City's Building Services Section expressing limited construction work initiated by the landowner has begun to date in the form of interior work, exterior cladding and roof repairs. Written comments were received from the Canadian Pacific Railway expressing no comments on the application. Written comments were received from the Toronto and Region Conservation Authority expressing no objections to the application and a TRCA permit will be required during the building permit stage. Page 7 of 13 C� o� Committee of Adjustment Meeting Minutes PICKERINGWednesday, December 11, 2019 7:00 pm Council Chambers Yvono Vienneau, 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 posed a Committee Member, the Secretary -Treasurer advised the subject property is not listed on either the City's Municipal Heritage Register or the Inventory of Heritage Properties. In response to a question from a Committee Member, the applicant stated the purpose of the deck to be located in the front yard is to facilitate better access to the front of the existing building. Given that the application appears to meet the four tests of the Planning Act, as documented and presented by the City Development Department and after reviewing the comments by City staff and the Toronto and Region Conservation Authority, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 70/19 by Y. Vienneau, 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: That this variance apply only to the covered platform, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2, 3 & 4 contained in the staff Report to the Committee of Adjustment dated December 11, 2019). 2. That the applicant submit a site plan drawing illustrating the parking layout to ensure compliance with the minimum parking requirements of Zoning By-law 3037, as amended by June 1, 2020, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by December 10, 2021, or this decision shall become null and void. Carried Unanimously Page 8 of 13 DICKERING C4 4 Committee of Adjustment Meeting Minutes Wednesday, December 11, 2019 7:00 pm Council Chambers 4.6 P/CA 71/19, P/CA 72/19 & P/CA 73/19 Marshall Homes (Copperfield) Ltd. 399 Frontier Court (Lot 1), 397 Frontier Court (Lot 2), 394, Frontier Court (Lot 4 P/CA 71/19 (399 Frontier Court (Lot 1)) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: to permit a covered porch not exceeding 1.0 metre in height above grade to project 1.0 metre into the required front yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade to project no more than 1.5 metres into any required front yard; to permit a rear yard setback of 5.5 metres to an uncovered platform and steps, whereas the by-law requires a rear yard setback of 7.5 metres. P/CA 72/19 (397 Frontier Court (Lot 2)) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a covered porch not exceeding 1.0 metre in height above grade to project 1.5 metres into the required front yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade to project no more than 1.5 metres into any required front yard. P/CA 73/19 (394 Frontier Court (Lot 4)) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a covered porch not exceeding 1.0 metre in height above grade to project 2.2 metres into the required front yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade to project no more than 1.5 metres into any required front yard. The applicant requests approval of these variance in order to obtain building permits to construct detached dwellings. 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 Building Services Section expressing no comments on applications P/CA 71/19, P/CA 72/19 and P/CA 73/19. Page 9of13 Cr,f,,, 4 Committee of Adjustment '"�J Meeting Minutes PICKERINGWednesday, December 11, 2019 7:00 pm Council Chambers Written comments were received from the City's Engineering Services Department for P/CA 71/19 stating the applicant should ensure no adverse effects on the front yard and rear yard soak away pits, as well as ensure no adverse effects on the rear yard trees as platform and steps to not encroach onto drip line of existing trees. Written comments were received from the City's Engineering Services Department for P/CA 72/19 and P/CA 73/19 stating the applicant should ensure no adverse effects on the front yard soak away pit. Samantha Bateman, agent, was present to represent the application. Pavel Muresan of Frontier Court was also present to find out more information about the project. No further representation was present in favour of or in objection to the application. Samantha Bateman spoke in support of the applications stating the applicant's subdivision development on Frontier Court was not subject to rezoning applications and has maintained the original zoning of the lands with the exception of the required minor variances. Pavel Muresan stated he is the property owner directly beside 399 Frontier Court. Pavel Muresan and indicated he has concerns regarding the large size of the dwellings, a proposed retaining wall between his property and the subject property at 399 Frontier Court, and drainage and construction issues. In response to concerns raised by Pavel Muresan, Samantha Bateman stated extensive conversations have taken place between Marshall Homes staff and concerned neighbours, where contractors have been advised each time a new issue was raised, and Marshall Homes staff will continue to stay in touch with the concerned neighbours. Samantha Bateman also noted that Marshall Homes staff have bi-weekly meetings with City by-law staff present to discuss any concerns and progression of the project. In response to questions from Committee Members, the Secretary -Treasurer indicated improvements have been made to the subject sites regarding grading, drainage and servicing to the satisfaction of the City and the Region of Durham. Dave Johnson, Chair, advised Pavel Muresan it may be in his best interest to relay his concerns to his City Councillor so they can speak with the City's Engineering Services Department. Given that the Committee Members are confident that the City's Engineering Services staff will address the neighbour's concerns at the building permit stage, and the applications appear to meet the four tests of the Planning Act as documented and, outlined by the City Development Department, Denise Rundle moved the following motion: Page 10 of 13 Cdr o� Committee of Adjustment Meeting Minutes PICKERINGWednesday, December 11, 2019 7:00 pm Council Chambers Moved by Denise Rundle Seconded by Eric Newton That application P/CA 71/19 by Marshall Homes (Copperfield) Ltd., 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: That these variances apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated December 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by December 11, 2020, or this decision shall become null and void. That application P/CA 72/19 by Marshall Homes (Copperfield) 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: That this variance apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 4 contained in the staff Report to the Committee of Adjustment dated December 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by December 11, 2020, or this decision shall become null and void. That application P/CA 73/19 by Marshall Homes (Copperfield) 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: That this variance apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 6 contained in the staff Report to the Committee of Adjustment dated December 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by December 11, 2020, or this decision shall become null and void. Carried Unanimously Page 11 of 13 GdY 4 DICKERING 5. Other Business 5.1 Appointment of Chairperson Moved by Tom Copeland Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, December 11, 2019 7:00 pm Council Chambers That David Johnson be appointed as Chairperson for the 2020 term. Carried Unanimously 5.2 Appointment of Vice -Chairperson Moved by Sean Wiley Seconded by Eric Newton That Tom Copeland be appointed as Vice -Chairperson for the 2020 term. Carried Unanimously 5.3 Acknowledgement David Johnson, Chair, noted this was the last meeting of the year and thanked City Staff and Committee Members for their hard work and support throughout the year. Page 12 of 13 c� ��- f-'1CKER1 6. Adjournment Committee of Adjustment N � Meeting Minutes Wednesday, �ecem ber 11, 20'19 7:00 pm Council Chambers Moved by Eric Newton Seconded by Denise Rundle That the '12th meeting of the 20'19 Committee of Adjustment be adjourned at 8:02 pm and the next meeting of the Committee of Adjustment ba held on Wednesday, January 8, 2020. s � � �� Date J\> Chair Assistan Secretary -Treasurer Carried Unanimously Page 13 of � 3