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HomeMy WebLinkAboutJanuary 13, 2021Committee of Adjustment Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting 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 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Eric Newton Seconded by Denise Rundle That the agenda for the Wednesday, January 13, 2021 meeting be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 10th meeting of the Committee of Adjustment held Wednesday, December 9, 2020 be adopted as amended. Carried Unanimously Page 1 of 12 -CWJof­Committee of Adjustment p](KER]NG Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting 4. Reports 4.1 PICA 16/19 1155886 Ontario Inc. 425 Whitevale Road The applicant requests relief from Zoning By-law 3037, as amended by By-law 2677/88, 5629/00 and 6828/08, to permit: • a maximum of two dwelling units on the property, whereas the By-law permits a maximum of one dwelling unit on the property; and • a professional office that is not a component of a day spa use or included in the gross leasable floor area calculation of the day spa use, whereas the By-law permits a professional office as a component of a day spa use, and shall be included in the gross leasable floor area calculation of the day spa use. The applicant requests approval of these variances to recognize two existing uses that are not permitted in the current zoning. 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 expressing there are currently a number of open building permits for this property. If these variances are granted, the applicant will need to submit a revision to Building Permit 14-101231 that reflects the proposed and current uses of the building. To be approved, any building permit revision will need to be in compliance with both the Building Code and the approved zoning (including any approved minor variances). Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from the Toronto and Region Conservation Authority (TRCA) expressing no objections with the proposal. We understand that the existing building contains a number of uses from residential to commercial, etc. Through our review of the site via desktop exercise, TRCA can conclude that a portion of the existing building is within the limits of a Regional Storm Floodplain. As the proposed second dwelling unit will be confined within the existing building footprint, TRCA staff can accept the proposal in principle. We will work with the landowner and their retained consultant to ensure this dwelling unit is appropriately flood proofed to the Regional Storm Floodplain elevation through our review of the forthcoming Permit Application. With respect to the professional office, we understand this use will also be maintained within the existing building footprint. As such, we have no objections to the professional office use which will be consistent with the existing pattern of commercial businesses Page 2 of 12 -CJ::;of­Committee of Adjustment p](KER]NG Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting present on the property. An Ontario Regulation 166/06 Permit Application will be required for the proposed additional dwelling unit and any proposed regrading or fill placement as a result of the landscaping being proposed (ex. driveway improvements). Written comments were received from Pickering Heritage expressing the property is located within the Whitevale Heritage Conservation District and designated under Part V of the Ontario Heritage Act. This property does not have historical or architectural significance within the District guidelines. This is a change in use and therefore no heritage permit is required, nor is circulation to the Heritage Pickering Advisory Committee. Exterior alterations to the building or site may require a heritage permit. Rick Gosling, applicant, was present to represent the application. Theresa McCarthy of 3185 Factory Street was present in objection to the application. Sharon Murdoch of 22 Belton Court, Whitby, was present for the application. Rick Gosling stated that no modifications are being made to the building; the floor that is being included in as a residence is zoned as a bed & breakfast and will be reducing the number of parking spaces that will be required. Sharon Murdoch stated she has no questions or concerns. Theresa McCarthy expressed several concerns with parking and what the additional office use space will be used for. Theresa McCarthy provided a history of the subject property and indicated it is right across the street from her residence; Factory Street is a one lane road; she has had to install hedges and window film in the hopes of reducing the problems; she stated during the construction of the 407 there were as many as 10 large vehicles parking along Factory Street; headlights shining into her residence in the early mornings and evenings; exhaust from vehicles being started remotely; City By-law services have been called out to the subject property on more than one occasion in the past and questions how an additional use can be accommodated. Theresa McCarthy stated if it was not for the parking across from her residence she would have no objection to the application. In response to a question from a Committee Member, Theresa McCarthy stated that the ideal solution would be to eliminate the 4 parking spaces along Factory Street. In response to concerns from the resident, Rick Gosling stated the parking along Factory Street has not been utilized since the trucking company had left about a year ago; the application is not adding additional uses, it will be reducing the uses by taking the space that is currently a bed & breakfast and converting it into a 1 bedroom apartment that will reduce the number of parking spaces. Rick Gosling stated they have occupied the site for over 25 years; and they are continuing to maintain the heritage and hamlet nature of the community. In response to questions from Committee Members, Rick Gosling stated there are 2 doctors' offices on the first floor; a small office at the front of the building; residence in the basement; and will be converting the 3 rd floor into a 1 bedroom apartment instead of a bed & breakfast; and that revised site plan and floor plans will be submitted. Page 3 of 12 Committee of Adjustment Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting After considering the City Development's report, hearing from the neighbour; understanding this building has mixed-uses; recognizing that there have been a number of attempts to provide different uses within the building, and that the amount of parking will vary for each permitted use; acknowledging that the owner has heard the neighbours concerns and will try to address them; feeling that the owner is aware of his role within the community and that the application appears to meet the four tests of the Planning Act; Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sean Wiley That application PICA 16119 by 1155886 Ontario Inc., be Approved on the grounds that the requested variances to permit an additional dwelling unit and a professional office as an independent use, are minor in nature, in keeping with the general intent and purpose of the Zoning By-law, desirable for the appropriate development of the land, subject to the following conditions: 1. That a maximum of two dwelling units shall be permitted within the subject building. 2. That the professional office on the ground floor have a maximum gross leasable floor area of 115 square metres. 3. That the professional office on the second floor have a maximum gross leasable floor area of 140 square metres. 4. That the applicant submit revised site plan and floor plans for the subject building, including an Ontario Building Code & Zoning matrix, within three months of this decision becoming Final and Binding. 5. That the applicant obtain a change of use permit for the ground floor professional office within three months of this decision becoming Final and Binding. Carried Unanimously 4.2 PICA 66120 Trillium Housing Oak Non-Profit Corporation 2635 William Jackson Drive The applicant requests relief from Zoning By-law 3037, as amended by By-law 7706119, to permit: • air conditioner units to be located between the front wall of a building or a dwelling and a street, whereas the By-law states air conditioner units shall not be located between the front wall of a building or a dwelling and a street. Page 4 of 12 Committee of Adjustment Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting The applicant requests approval of this variance in order to obtain site plan approval for stacked townhouses. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval. Written comments were received from the City's Building Services Section expressing no comments on the application. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from the Toronto and Region Conservation Authority (TRCA) expressing the proposed air conditioner units located between the front main wall of the building and the street are all located outside of the TRCA area of interest (further to the east). TRCA staff confirm there are no objections to this variance being requested. Kelly Graham, agent, was present to represent the application. Kerron Williams of 2418 Earl Grey Avenue in objection to the application. Kerron Williams expressed concerns with the noise that will be generated from the air conditioner units; and stated Earl Grey Avenue is very narrow and will become very busy and noisy during construction. In response to concerns from the resident, Kelly Graham indicated that every effort has been made to make sure the air conditioning units are low volume. In response to a question from a Committee Member, Kelly Graham stated the air conditioning units that will have the decorative metal screening will be on the balconies only. After considering the City Development's report and hearing the comments from the neighbour on the noise; decorative metal screening will be put into place; and that the application meet the four tests of the Planning Act; Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application PICA 66/20 by Trillium Housing Oak Non-Profit Corporation, 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 (refer to Exhibit 1 contained in the staff report to the Committee of Adjustment, dated January 13, 2021). Carried Unanimously Page 5 of 12 -Cff;J6f­Committee of Adjustment p](KER1NG Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting 4.3 PICA 01/21 M. & M. Henry 1044 Moorelands Crescent The applicant requests relief from Zoning By-law 2511, as amended by By-law 3132/89, to permit: • a minimum front yard depth of 4.1 metres, whereas the By-law requires a minimum front yard depth of 6.0 metres; • a minimum rear yard depth of 6.1 metres, whereas the By-law requires a minimum rear yard depth of 7.5 metres; • a maximum lot coverage of 41 percent; whereas the By-law permits a maximum lot coverage of 35 percent; • a maximum of two dwelling units per lot, whereas the By-law permits a maximum of one dwelling unit per lot, provided a) a total of three parking spaces are provided on the property where the accessory dwelling unit is located, b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres, and c) a home-based business is prohibited in either dwelling units on this lot; and • a minimum of one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 5.3 metres from the front lot line, whereas the By-law requires a minimum of one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line. The applicant requests approval of these variances in order to obtain a building permit for an addition to a semi-detached dwelling, including an addition to the front and rear of the dwelling, an extension to the length of the attached garage, an addition of a front second-storey terrace, an addition of an accessory dwelling unit in the basement and an addition of a rear ground-floor deck. 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 the application. Written comments were received from the City's Engineering Services Department stating to ensure reduced front/rear yard depth and additional percentage of lot coverage does not adversely affect the drainage patterns within the lot. Consideration for rain harvesting or other Low Impact Development measures should be made at the Building Permit stage if increasing the imperviousness of the lot surface. Page 6 of 12 Committee of Adjustment Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting Written comments were received from the owners of 1046 Moorelands Crescent, 1048 Moorelands Crescent, 1052 Moore lands Crescent, 1031 Morrelands Crescent and 1042 Moorelands Crescent expressing no objections to the application. Melanie Henry, applicant, lmran Kahan, agent and Troy Royer, applicant's contractor were 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, Troy Royer stated that the driveway will not be widened, the garage will be brought forward slightly; the driveway will be large enough to have 1 car in the garage and 2 cars on the driveway. Moved by Eric Newton Seconded by Tom Copeland That application PICA 01121 by M. & M. Henry, 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 proposed addition to the semi-detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated January 13, 2021). 2. That the applicant obtain a building permit for the proposed accessory dwelling unit as determined by Building Services. Carried Unanimously 4.4 PICA 02121 C. & J. Cagna 2615 Cerise Manor The applicant requests relief from Zoning By-law 7364114, as amended, to permit a maximum driveway width of 6.0 metres, whereas the By-law established a maximum driveway width of 3.0 metres for lots having lot frontages less than 9.0 metres with attached private garages associated with a residential use that are accessed only by a driveway from a street. The applicant requests approval of this variance in order to widen the driveway. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending refusal. Page 7 of 12 -C1of­Committee of Adjustment p](KER1NG Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting Written comments were received from the City's Engineering Services Department objecting to the application for the following reasons: 1. Widening the driveway will increase the impermeable area of the lot having a negative impact on the overall stormwater management scheme for the development. 2. The proposal includes widening within the City's road allowance, which is not permitted. 3. Widening the driveway will require the removal of a City owned boulevard tree. Written comments were received from the owner of 2617 Cerise Manor and 2613 Cerise Manor in support of the application. Michael Annan Iii, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Michael Annarilli outlined widening of the driveway is required to allow 2 vehicles to park side by side. Mr. Annarilli and his partner suffer from medical conditions that are aggravated when required to move their vehicles that are parked in a tandem arrangement on the driveway. He noted he is agreeable to design concessions in order to obtain approval of the variance required to facilitate the driveway widening. He cited the following reasons for the Committee to approve the requested minor variance and the following responses to comments contained in the staff report: • Does not agree that there is a consistent streetscape as a number of single detached and townhouse dwellings exist with driveway widths equal to or greater than 6.0 metres within the block; • Does not agree that the increase in impermeable area would have an impact on the subdivision's stormwater management, and that any increased stormwater created by the 12 square metres driveway widening is manageable through permeable paving, he is willing to install an infiltration gallery in the rear yard if necessary (details have been provided to the Members); • Agrees to minor design alterations to provide proper setbacks to City property and an existing tree including the provision of a security deposit for the tree, and ensures greater setbacks will not impact the functionality of widening, and • Two adjacent neighbours have provided support of the driveway widening in writing. In response to a question from a Committee Member, Michael Annarilli stated that a minimum 3.0 metre widening is required to accommodate vehicles parked side by side and opening of doors. Page 8 of 12 -Ctf:#of­Committee of Adjustment p](KERlNG Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting After considering City Development's report and the applicant's comments to the Committee, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application PICA 02121 by C. & J. Cagna, be Deferred to the next Committee of Adjustment meeting on February 10, 2021 to allow the applicant time to submit a revised plan. Carried Unanimously 4.5 PICA 04121 M. & J. Crokidas 1869 Woodview Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 1545182, to recognize: • an accessory building (cabana) with a maximum height of 4.8 metres, whereas the By-law states no accessory building shall exceed a height of 3.5 metres in any residential zone; • the total lot coverage of all accessory buildings excluding private detached garages, to not exceed 6.8 percent of the lot area, whereas the By-law states the total lot coverage of all accessory buildings excluding private detached garages, shall not exceed 5 percent of the lot area; and • a maximum lot coverage of 44 percent, whereas the By-law permits a maximum lot coverage of 33 percent. The applicant requests approval of these variances in order to obtain a building permit for an existing accessory structure (cabana). The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to a condition. Written comments were received from the City's Building Services Section expressing no comments on the application. Written comments were received from the City's Engineering Services Department stating to ensure additional percentage of lot coverage does not adversely affect the drainage patterns within the lot. Consideration for rain harvesting or other Low Impact Development measures should be made at the Building Permit stage if increasing the imperviousness of the lot surface. Downspouts for the cabana should be directed to the front of the structure so they do not outlet directly towards the rear neighbour. Page 9 of 12 -C~of­Committee of Adjustment p](KER]NG Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting Written comments were received from the owners of 1870 Woodview Avenue, 1900 Pine Grove Avenue and 1873 Woodview Avenue expressing no objections to the proposal. John Crokidas, applicant, and Albert Yerushalmi, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Albert Yerushalmi stated the cabana will be located at the rear of the subject property and the property in behind is currently vacant; have received 3 letters of support from the surrounding neighbours and agrees with staff's report. In response to a question from a Committee Member, Albert Yerushalmi explained construction on the cabana had been started without a permit and there is currently a stop work order. In response to questions from Committee Members, John Crokidas explained the cabana is being constructed by a family member who is a freelance carpenter; confirmed there will be a washroom within the cabana to accommodate a future swimming pool; and there will be no kitchen or bedroom. After considering the owner's and agent's comments; hearing it will be outdoor living space and not habitable space; and that 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 04121 by M. & J. Crokidas, 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 these variances apply only to the existing accessory structure (cabana), as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated January 13, 2021). Carried Unanimously 4.6 PICA 05121 J. Soo & S. Tam 1860 Glendale Drive The applicant requests relief from Zoning By-law 3036, as amended, to permit: Page 10 of 12 -Cd:Jof­Committee of Adjustment p](KER]NG Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting • a minimum north side yard setback of 0.6 metres, whereas the By-law requires a minimum side yard of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of this variance in order to obtain a building permit for an addition to an attached garage. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to a condition. Written comments were received from the City's Building Services Section expressing no comments on the application. Written comments were received from the City's Engineering Services Department stating to ensure garage addition does not adversely affect the drainage patterns within the lot. Consideration for rain harvesting or other Low Impact Development measures should be made at the Building Permit stage if increasing the imperviousness of the lot surface. Written comments were received from the owners of 1862 Glendale Drive expressing no objections to the proposal. Jimmy Soo, applicant, and Godfrey Defreitas, agent, were present to represent the application. John Desouza of 1862 Glendale Drive was present in favour of the application. In response to questions from Committee Members, Godfrey Defreitas stated the addition is to widen the garage to provide tandem parking in the garage and access to the rear yard; stone and gravel is to be installed on the north side to alter the drainage pattern; there is access to the rear yard on the south side as well and there will be a garage door at the north side of the garage in order to provide access to the rear yard. After considering the City Development's report and the comments provided by the agent regarding sufficient room between the abutting property and the structure providing appropriate drainage, maintenance of the dwelling and appropriate access to the rear yard; and that the property owner to the north not having any objections; Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application PICA 05/21 by J. Soo & S. Tam, 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: Page 11 of 12 Committee of Adjustment Meeting Minutes Wednesday, January 13, 2021 7:00 pm Electronic Meeting 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 contained in the staff report to the Committee of Adjustment, dated January 13, 2021 ). Carried Unanimously 5. Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 1st meeting of the 2021 Committee of Adjustment be adjourned at 8:22 pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 10, 2021. Carried Unanimously February 10, 2021 Date Chair Assistant Secretary-Treasurer Page 12 of 12