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HomeMy WebLinkAboutFebruary 8, 2023Committee of Adjustment Hearing Minutes Wednesday, February 8, 2023 7:00 pm Electronic Hearing Page 1 of 8 Present Tom Copeland – Chair Omar Ha-Redeye Denise Rundle – Co-Vice-Chair Rick Van Andel Sean Wiley – Co-Vice-Chair Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Jasmine Correia, Assistant Secretary-Treasurer Kerry Yelk, Planner I Absent Not applicable. 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Rick Van Andel Seconded by Omar Ha-Redeye That the agenda for the Wednesday, February 8, 2023 hearing be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Sean Wiley That the minutes of the 1st hearing of the Committee of Adjustment held Wednesday, January 11, 2023 be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, February 8, 2023 7:00 pm Electronic Hearing Page 2 of 8 4. Reports 4.1 P/CA 13/23 Highmark (Pickering) Inc. 1640 Kingston Road & 1964 Guild Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 7860/21, to permit: • an air vent associated with a parking structure to be located between the building and a street line (Kingston Road), whereas the By-law states stairs, stair enclosures and air vents associated with a parking structure are not permitted between the building and a street line; • an air vent constructed in association with a below grade parking structure to project a maximum of 1.2 metres above established grade, and no closer than 1.5 metres to a street line, whereas the By-law permits air vents constructed in association with a below grade parking structure to project to a maximum of 1.2 metres above established grade, but no closer than 4.0 metres to a street line; and • no building or part of a building, or structure shall be erected outside the building envelope as illustrated on Schedule II attached hereto (minimum 4.0 metre setback from the Kingston Road lot line at the southwesterly corner), whereas the By-law permits no building or part of a building, or structure shall be erected outside the building envelope as illustrated on Schedule II attached hereto (minimum 4.5 metre setback from the Kingston Road lot line at the southwesterly corner). The applicant requests approval of this minor variance application in order to obtain site plan approval for a 16-storey and 12-storey apartment building, connected by a 5-storey podium. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and City of Pickering Mayor. In support of the application, the applicant identified the subject site has frontages onto two streets, various iterations of the air vent placements discussed with City staff and none of which would fully comply with the zoning provisions. The minor variances are requested to permit the air vent in the original location as it has the ability to provide appropriate landscaping and have the vent fully screened. Committee of Adjustment Hearing Minutes Wednesday, February 8, 2023 7:00 pm Electronic Hearing Page 3 of 8 Mike Pettigrew, agent and Morgan Baker, agent were present to represent the application. No further representation was present in favour of or in objection to the application. The agent made a presentation in support of the application. In response to questions from Committee members, the agent explained that as per the site plan application they will be planting shrubs of a variety of heights. There will be shrubs on all sides of the air vent, street trees and shrubs planted along Kingston Road. The air vent will be a foot high above grade. The Secretary-Treasurer clarified the provisions for maximum height was carried over from the site specific by-law, the intent of the variance is not to limit the height, but for consistency sake. After reading the report, listening the presentation, noting that one of the variances requested is due to Durham Region road widening, the air vents will mainly be at grade with landscaping to minimize visual impact, receiving no public input and the application meeting the four tests of the Planning Act, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Rick Van Andel That application P/CA 13/23 by Highmark (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 Zoning By-law, subject to the following condition: 1. That these variances apply only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated February 8, 2023). Carried Unanimously 4.2 P/CA 14/23 G. Belcastro 781 Oliva Street The applicant requests relief from Zoning By-law 2520, to permit: • a minimum front yard setback of 7.0 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; Committee of Adjustment Hearing Minutes Wednesday, February 8, 2023 7:00 pm Electronic Hearing Page 4 of 8 • a covered platform and associated steps not exceeding 1.0 metre in height above grade and not projecting more than 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 and not projecting more than 1.5 metres into any required front yard; • an uncovered platform and associated steps not exceeding 1.0 metres in height above grade and not projecting more than 2.9 metres into the required front 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 front yard; • a covered platform and associated steps not exceeding 1.25 metres in height above grade and not projecting more than 4.2 metres into the required rear 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; • a second floor uncovered balcony with a minimum rear yard setback of 7.2 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres; • uncovered steps and platform not exceeding 1.25 metres in height above grade and not projecting more than 2.3 metres into the required rear 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; • a maximum lot coverage of 38.5 percent, whereas the By-law requires a maximum lot coverage of 33.0 percent; and • to permit a main building on a corner lot with its main front entrance facing the front of such lot, with a minimum lot flankage width of 3.0 metres, whereas the By-law requires a main building on a corner lot with its main front entrance facing the front of such lot, with a minimum lot flankage width of 4.5 metres. The applicant requests approval of these variances in order to obtain a building permit for an addition to a detached dwelling. The Secretary-Treasurer outlined that staff recommends the Committee consider all staff, agency and public comments and should the Committee find merit in the application, a condition that the variances apply only to the subject property as generally sited and outlined on the applicant’s submitted plans. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and three area residents. Committee of Adjustment Hearing Minutes Wednesday, February 8, 2023 7:00 pm Electronic Hearing Page 5 of 8 In support of the application, the applicant identified they are requesting relief from the By-law to allow for proper insulation, fire separation, and to construct a covered rear yard deck which contributes towards lot coverage. Joe Belcastro, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant explained the last variance should not be included with this application as it has already been approved by the Committee in March 2021. In response to a question from a Committee member, the applicant explained the shed will remain on site but will be moved to the corner of the property. The Secretary-Treasurer explained accessory structures (sheds) have a maximum of five percent lot coverage and is included in the overall lot coverage for the property. The shed was not included in the applicant’s submitted plans and therefore was not included in the maximum lot coverage relief of 38.5 percent. In response to a question from a Committee member, the applicant clarified the existing rear deck will remain. Co-Vice-Chair commented the following: the importance of providing drawings that coincide with what is presently on the property and what is being requested as the Committee bases approvals on said plans; provided a timeline of events on the property since the approval of the 2021 application; concerned a third dwelling unit may be introduced, based on the proposal; does not believe the application meets the four tests of the Planning Act; concerns of neighbours’ privacy, concerns of the visual impact of the neighbourhood; the variances being sought will increase the massing and scale of this lot and immediate neighbourhood; and does not agree with the proposal of a new driveway within a corner rounding. The applicant clarified the house is a single-family dwelling, with an accessory dwelling unit in the basement. He has no intention of making it a three family dwelling. Since the 2021 approval, the decision was appealed by a neighbour who did not agree with an addition being added to the right of the property, instead he built an addition on top of the bungalow. The shed was not purposely left out of the drawings, it was an oversight as he was not aware it was to be included in the lot coverage. If the shed poses an issue he is willing to remove the structure. The lot coverage being requested is to accommodate the covered deck, the front setback being requested is to push the garage forward a foot or two. The 8 variances being sought are minor tweaks to the already approved 2021 application. Committee of Adjustment Hearing Minutes Wednesday, February 8, 2023 7:00 pm Electronic Hearing Page 6 of 8 In response to questions from Committee members, the applicant explained there is a connection on the landing that connects the addition to the original build. The intent of the of garage projection is to provide depth and more useable space of the garage. There will be a total of six bedrooms upstairs and two in the basement dwelling. The rooms labelled “sitting rooms” on the submitted plans are foyers/entrances into the house. There have been a lot of larger homes built in this area, in today’s economy a lot of families are deciding to live together in a means to save money, he would like to provide that option with this property, while still providing privacy to the families. The applicant plans on living on the property. The basement unit is currently up for rent. A Committee member provided the following comments: the internal layout of this house is not in question as it is permitted and a building permit could be issued without the variances being approved; believes the covered porch may be pushing the lot coverage as it is a variance to an already approved variance; from a visual standpoint the member agrees with the garage projection as it provides varied depths. In response to questions from a Committee member, the applicant explained the three parking spaces were approved in 2021. Without the covered rear deck, the lot coverage would comply with the approved 35 percent lot coverage, but would appreciate approval of the 38.5 percent for the covered deck to protect the dwelling from weather conditions. Co-Vice-Chair commented that he believes there are too many unknowns and inconsistencies with this application for approval. After reviewing the proposal tonight, reading the staff report, considering neighbour comments, previous minor variance and OLT decision, looking at previous and recent submitted drawings and performing a site inspection, it is believed that this application is not in character with the surrounding homes, and will cause a significant visual impact, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sean Wiley That application P/CA 14/23 by G. Belcastro, be Refused on the grounds that the requested variances are not minor in nature, not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Carried Committee of Adjustment Hearing Minutes Wednesday, February 8, 2023 7:00 pm Electronic Hearing Page 7 of 8 Vote: Tom Copeland in favour Omar Ha-Redeye in favour Denise Rundle in favour Rick Van Andel opposed Sean Wiley in favour 4.3 P/CA 15/23 D. Vuong & T. Vu 1800 Liatris Drive The applicant requests relief from Zoning By-law 3037, as amended by By-law 7020/10, to permit an existing sunroom with a minimum rear yard depth of 4.2 metres, whereas the By-law requires a minimum rear yard depth of 7.0 metres. The applicant requests approval of this variance application in order to obtain a building permit to permit an existing sunroom addition (12.5 square metres) in the rear yard. The Secretary-Treasurer outlined that staff recommends the Committee consider all staff, agency and public comments and should the Committee find merit in the application, a condition that the variance apply only to the sunroom addition as generally sited and outlined on the applicant’s submitted plans. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and one area resident. In support of the application, the applicant identified the existing three season sunroom was constructed in 2020 and the back yard offset could not be increased. The sunroom was constructed without the issuance of a Building Permit. John Vu, 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, the applicant stated the following: due to price increases he was unable to find a reasonably priced contractor within the conditional deadline and therefore unable to apply for a permit; understands a building permit is required should the application be approved; behind the dwelling is a forest, to the south of the subject property is a neighbour; the distance from the sunroom to the neighbour’s house is around 2.0 metres; and in order to appease neighbour concerns he will remove and cover the window to the south. The Secretary-Treasurer clarified the applicant has submitted a building permit which is on hold until the variance has been resolved. Committee of Adjustment Hearing Minutes Wednesday, February 8, 2023 7:00 pm Electronic Hearing Page 8 of 8 March 8, 2023 After reading the report, addressing the neighbour’s concerns and finding a resolution, the application meets the four test, Denise Rundle moved the following motion: Moved by Denise Rundle with an amended condition Seconded by Omar Ha-Redeye That application P/CA 15/23 by D. Vuong & T. Vu, 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 Zoning By-law, subject to the following conditions: 1. That this variance apply only to the existing sunroom addition, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, dated February 8, 2023). 2. That a window or opening on the south wall not be permitted. Carried Unanimously 5. Adjournment Moved by Sean Wiley Seconded by Omar Ha-Redeye That the 2nd hearing of the 2023 Committee of Adjustment be adjourned at 8:08 pm and the next hearing of the Committee of Adjustment be held on Wednesday, March 8, 2023. Carried Unanimously __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer