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HomeMy WebLinkAboutMarch 13, 2024Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 1 of 10 Present Omar Ha-Redeye Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Jasmine Correia, Assistant Secretary-Treasurer Kerry Yelk, Planner I Ziya Cao, Planner I Absent Denise Rundle – Vice-Chair 1. Disclosure of Interest Disclosure of interest was indicated by Omar Ha-Redeye for Item 4.3, MV 14/24 by S. Golvin & JMPM Holdings Ltd. Due to an absence, Sean Wiley will abstain from voting at tonight’s hearing in order to prevent a tie vote, with exception to Item 4.3. 2. Adoption of Agenda Moved by Omar Ha-Redeye That the agenda for the Wednesday, March 13, 2024 hearing be adopted. Carried 3. Adoption of Minutes Moved by Rick Van Andel That the minutes of the 2nd hearing of the Committee of Adjustment held Wednesday, February 14, 2024 be adopted. Carried Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 2 of 10 4. Reports 4.1 MV 11/24 K. Denike 1886 Appleview Road The applicant requests relief from Zoning By-law 3036, as amended by By-laws 2496/87, 7874/21 and 7902/22 to permit: • a maximum dwelling depth of 31.4 metres for a lot with lot depth greater than 40.0 metres, whereas the By-law permits a maximum dwelling depth of 20.0 metres for lots with depths greater than 40.0 metres; and • a maximum front yard setback of 18.58 metres, whereas the By-law permits a maximum front yard setback of 13.99 metres. The applicant requests approval of this minor variance application to construct a two-storey detached dwelling. Input from other sources were received from the Applicant, City Engineering Services and City Building Services Section and nine area residents. In support of the application, the applicant stated the proposed placement of the house will maintain the character of the neighbourhood. Kelly Denike, applicant, Yaso Somalingam and Christina Bamsey, agents, were present to represent the application. No further representation was present in favour of or in objection to the application. The applicant commented that they have received support letters from their immediate neighbours and believes the proposal will be an easy transition in the neighbourhood. Committee members commented on the importance of community engagement in commenting on applications before the Committee as it assists in understanding what the public interest is. Moved by Rick Van Andel That application MV 11/24 by K. Denike, 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: Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 3 of 10 1. That the variances to permit the detached dwelling apply only to the proposed detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7 contained in the staff report to the Committee of Adjustment, dated March 13, 2024). Carried 4.2 MV 12/24 Wiltshire Eccleston Developments Inc. 1383 Rougemount Drive The applicant requests relief from Zoning By-law 3036, as amended by By-laws 2912/88, 7874/21 and 7902/22, to permit a maximum lot coverage of 36.02 percent, whereas the By-law permits a maximum lot coverage of 33 percent. The applicant requests approval of this minor variance application to construct an accessory structure (pool cabana). Input from other sources were received from the Applicant, City Engineering Services and City Building Services. In support of the application, the applicant stated the proposed structure will screen pool equipment and provide privacy for neighbouring properties. Qian Cao, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent commented that the proposal will not affect the privacy of neighbouring properties. A Committee member commented that they have read the report and made a site visit and consider the application to have a minor impact on the neighbourhood and meets the four tests of the Planning Act. Moved by Omar Ha-Redeye That application MV 12/24 by Wiltshire Eccleston Developments Inc., 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 condition: 1. That this variance applies only to the proposed accessory structure (pool cabana), 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 March 13, 2024). Carried Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 4 of 10 4.3 MV 14/24 S. Golvin & JMPM Holdings Ltd. 1635 Bayly Street The applicant requests relief from Zoning By-law 2511, as amended by By-laws 6974/09, 7519/16 and 7828/21, to permit a maximum outdoor storage of 6,000 square metres, where as the By-law prohibits outdoor storage and display. The applicant requests approval of this minor variance application to obtain site plan approval for a proposed warehouse and office building with 6,000 square metres of accessory outdoor storage. Input from other sources were received from the Applicant, City Engineering Services and City Building Services. In support of the application, the applicant submitted a cover letter in support of the application. David McKay, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent commented that they have read and are satisfied with the staff report. A similar variance was approved in 2022. The applicant requires additional outdoor storage. Appropriate screening along Dillingham Road and locating the storage area at the rear of the site away from Bayly Street are maintained. In response to a question from a Committee member, the agent clarified the space will be used for federal government procurement and will hold seized items. A Committee member agreed with the proposal to have the storage area face Dillingham Road rather than Bayly Street and has no objections. Moved by Rick Van Andel That application MV 14/24 by S. Golvin & JMPM Holdings 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 Zoning By-law, subject to the following condition: 1. That the variance applies only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4 contained in the staff report to the Committee of Adjustment, dated March 13, 2024). Carried Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 5 of 10 4.4 MV 15/24 R. Sandhu 1808 Dencourt Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 1928/84, to permit a maximum lot coverage of 40.7 percent, whereas the By-law permits a maximum lot coverage of 38 percent. The applicant requests approval of this minor variance application to construct a covered deck (awning) in the rear yard. Input from other sources were received from the Applicant, City Engineering Services and City Building Services. In support of the application, the applicant identified to construct a reduced roof structure would not allow maximum benefit from the intended use. Ravinder Sandhu, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant commented that they are looking to add a roof structure to the back of the house. The house is east facing thus receiving a lot of sun in the backyard. They are looking to enhance the experience of their backyard. Moved by Omar Ha-Redeye That application MV 15/24 by R. Sandhu, 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 condition: 1. That the variance applies only to the proposed rear yard deck (awning), 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 March 13, 2024). Carried Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 6 of 10 4.5 MV 16/24 Finch/Pickering Holdings Inc. 550 Finch Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 6164/03, to permit a maximum gross floor area of 318 square metres for Restaurant Type ‘A’ uses, whereas the By-law permits a maximum gross floor area of Restaurant Type ‘A’ uses on the lot to be 220 square metres. The applicant requests approval of this minor variance application to obtain a building permit for a restaurant use within Building A on the subject property. Input from other sources were received from the Applicant, City Engineering Services and City Building Services. In support of the application, the applicant submitted a Cover Letter and Parking Justification Rationale. Nicholas Dell, agent, was present to represent the application. One area resident was present in objection to the application. The agent made a brief presentation. An area resident expressed the following concerns in objection to the application: the business seems to be more of a nighttime establishment running until 2:00 am rather than a restaurant; noise; congregation of people; and lack of parking resulting in on-street neighbourhood parking. In response to the concerns listed by the area resident, the agent commented that the name of the establishment and the hours of operation has been disclosed to create the Parking Justification Report. Due to the gross floor area cap, a parking utilization study was required and demonstrated there is ample parking provided during their business hours. Offered the Committee different conditions that could be placed on the decision to remediate any concerns. In response to questions from Committee members, the agent clarified 45 parking spaces provided and 46 spaces are required. The U-Haul business in the plaza no longer requires parking spaces. The establishment has the capacity to hold 60 seats. The Secretary-Treasurer commented that 44 parking spaces are required, and 45 parking spaces are provided. The occupancy load is not a zoning matter rather than a fire services matter. Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 7 of 10 A Committee member commented that restaurants are permitted within the plaza, the issue is this would be a bigger restaurant than is currently permitted in the zoning. The building is located farthest west from resident’s houses to the east. In response to the noise concerns, the agent proposed temporary approval of the application. Should the business cause negative impact to the community the variance would be removed. Moved by Rick Van Andel Seconded by Omar Ha-Redeye with an amendment to the motion to include an additional condition That application MV 16/24 by Finch/Pickering Holdings Inc., 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 the variance applies only to the proposed development, 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 March 13, 2024). 2. That Minor Variance Application MV 16/24 be approved for a (temporary) period of 5 years and shall become null and void on March 13, 2029. (Prior to the Committee’s Decision becoming null and void, the Applicant shall re-apply to the Committee of Adjustment should an increase to the maximum gross floor area of 220 square metres of Restaurant Type ‘A’ uses on the lot is required to comply with the zoning by-law). Carried 4.6 MV 17/24 Lebovic Enterprises & North Pickering Community Management Inc. Plan 40M2625 Blk 288 & Plan 40M2664 Blk 77 (Municipally known as 1100 Azalea Avenue) The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21 to permit: • a maximum front yard setback of 16.9 metres, whereas the By-law permits a maximum front yard setback of 4.5 metres; and • 13 parking spaces between the building and the flankage lot line and 6 parking spaces between the building and the front lot line, whereas the By-law prohibits parking to be located between a building and the corresponding front lot line and flankage lot line. Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 8 of 10 The applicant requests approval of this minor variance application to obtain site plan approval for a two-storey elementary school. Input from other sources were received from the Applicant, City Engineering Services and City Building Services. In support of the application, the applicant submitted a rationale in support of the application. Ambrosio Dimagiba, applicant, Keri Beevor and Rochelle Moncarz, agents, were present to represent the application. No further representation was present in favour of or in objection to the application. The agent gave brief justification for the variances being requested. In response to questions from Committee members, the agent indicated the placement of the lots will aid in the safety of the children. A Catholic school will be the only other school being constructed in this subdivision. Moved by Omar Ha-Redeye That application MV 17/24 by Lebovic Enterprises & North Pickering Community Management 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 contained in the staff report to the Committee of Adjustment, dated March 13, 2024). Carried 4.7 MV 18/24 Miller Waste Systems Inc. 1220-1280 Squires Beach Road The applicant requests relief from Zoning By-law 2511, as amended by By-law 61/74, to permit accessory structures which are not part of the main building to be erected in the north side yard and front yard. The applicant requests approval of this minor variance application to permit accessory structures (compressed natural gas station) within the front and north side yard. Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 9 of 10 Input from other sources were received from the Applicant, City Engineering Services and City Building Services. In support of the application, the applicant submitted a cover letter in support of the application. Mike Kopansky applicant, Nick Pileggi and Christina Yee, agents, were present to represent the application. No further representation was present in favour of or in objection to the application. The agent made a brief presentation in support of the application. In response to a question from a Committee member, the agent commented that there will be a 70 foot setback from Squires Beach Road. A Committee member commented that this property is designated M2 Industrial Zone within the zoning by-law and considers the application to be minor in nature and desirable for the land. Moved by Omar Ha-Redeye That application MV 18/24 by Miller Waste Systems Inc., 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 condition: 1. That this variance applies only to the proposed development, as generally sited and outlined on the applicant’s submitted plan (refer to Exhibits 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated March 13, 2024). Carried Committee of Adjustment Hearing Minutes Wednesday, March 13, 2024 7:00 pm Electronic Hearing Page 10 of 10 April 10, 2024 5.Adjournment Moved by Omar Ha-Redeye That the 3rd hearing of the 2024 Committee of Adjustment be adjourned at 8:17 pm. Carried __________________________ Date Please note the Committee of Adjustment Hearings are available for viewing on the City of Pickering YouTube channel https://www.youtube.com/user/SustainablePickering Original Signed By __________________________ Chair Original Signed By __________________________ Assistant Secretary-Treasurer