COMMITTEE OF ADJUSTMENT

Transcription

1 Minutes of a Meeting of the Committee of Adjustment for the City of Peterborough held Tuesday, July 17, 2012, at 7:00 p.m., in the General Committee Room, City Hall. PRESENT: Mr. Claude Dufresne, Acting Chair Mr. Alan Porteous Ms. Brenda Campbell Mr. John Duncan ALSO PRESENT: Mr. Richard Straka, Planner, Policy and Research Ms. Lisa Killingbeck, Secretary-Treasurer REGRETS: Mr. Paul Dorris, Chair 1. FILE NO.: B08/12 ADDRESS: 542 Maniece Avenue APPLICANT: Phoebe Turk This matter relates to a severance application submitted by Phoebe Turk, 538 Maniece Avenue, Peterborough, ON K9J 6X9 being the owner of the property, which is the subject of the application. Ms. Phoebe Turk of 538 Maniece Avenue, Peterborough, ON K9J 6X9 attended the meeting and addressed the Committee as follows: She is seeking a severance in order to sever and convey ownership of the northerly 249 metres of the subject property to the owners of the adjacent property known municipally as 538 Maniece Avenue. She recently purchased the property at 542 Maniece Avenue. The subject property has a house located at the front and a one bedroom home at the rear. She owns a business located on her property at 538 Maniece Avenue, which involves trucks at the rear of the property. She would like the addition of the proposed severed property in order for the trucks to have room to turn around at the rear of 538 Maniece Avenue instead of encroaching on the 542 Maniece Avenue property. See is agreeable with condition numbers 1, 2, 4 and 5 on the Staff Report. With respect to condition number 3 of the Staff Report, Ms. Turk advised that the existing driveways haven t changed during her ownership and she was unaware of the by-law regarding maximum width. The existing driveways have functioned for over 10 years with no problem. Mr. Richard Straka, Planner, Policy & Research, presented Staff comments with respect to the application on behalf of the Building and Planning Divisions of the Planning & Development Services Department, City of Peterborough. No one spoke in objection to the application and no written objections were received. In response to questions from the Committee, Staff advised as follows: Otonabee Region Conservation Authority (ORCA) responded regarding the subject property to ensure the rear of the property would not be developed.

2 Meeting Date: July 17, 2012 Page 2 ORCA advised that it does not know the extent of the flood plain that affects the property. ORCA would normally be responsible for the flood plain mapping but a study is the responsibility of the applicant where there is a plan development involved. In this case there is no proposed plan for development at this time. Staff would recommend that the owner enter into an agreement with the City to acknowledge that the limits of the flood plain are not currently defined with reference to the existing watercourse in the vicinity, and that portions of both the severed and retained portions of the subject property may be at risk of flooding. There are currently no municipal sewer or water services along Maniece Avenue. In response to questions from the Committee, the applicant advised as follows: Only one person is currently living at 542 Maniece Avenue and there have never been more than two occupants in the home. In response to further discussion regarding the compliance of the two driveways located on the subject property Staff advised as follows: Ms. Turk, as owner of 542 Maniece Avenue, can make a separate application to the Committee of Adjustment for a minor variance to allow the driveways to remain as they currently exist. The issue of the driveways cannot be addressed under the application for consent and a variance to the by-law cannot be granted without notice of a public hearing regarding the issue. DECISION The Committee was hesitant in requiring the rezoning of the property to place an F symbol on lands over which the extent of the flood plain is unknown and no new development is being proposed. Consent is therefore granted to sever and convey ownership of the northerly 249 metres of the subject property to the owners of the adjacent property known municipally as 538 Maniece Avenue PROVIDED THAT that the property is merged and Sections 50(3) and 50(5) of the Planning Act apply to any subsequent dealing with the parcel of land, AND CONDITIONAL UPON THE FOLLOWING: i) The owner provide a letter from the Peterborough County-City Health Unit indicating that the septic system on the property has been inspected within one (1) year of the Consent Decision and that it functions adequately to serve the two units on the property. The owner convey a 3.7 metre wide strip of land across the frontage of 542 Maniece Avenue, free of encumbrances and at no cost to the City, for the purpose of the future widening of the Maniece Avenue road allowance. iv) The owner make application to the City of Peterborough Committee of Adjustment for a minor variance to allow the existing driveways on the subject property to remain at their current width, and that such minor variance is granted. The owner enter into an agreement with the City to acknowledge that although the limits of the flood plain are not currently defined with reference to the existing watercourse in the vicinity, portions of both the

3 Meeting Date: July 17, 2012 Page 3 severed and retained portions of the subject property may be at risk of flooding. 2. FILE NO.: A21/12 ADDRESS: Hunter Street West APPLICANT: Kevin M. Duguay Community Planning and Consulting Inc. FILE NO.: B09/12 ADDRESS: Hunter Street West APPLICANT: Kevin M. Duguay Community Planning and Consulting Inc. These matters relate to a minor variance application and severance application submitted by Kevin M. Duguay Community Planning and Consulting Inc., 560 Romaine Street, Peterborough, ON K9J 2E3, as applicant on behalf of Ontario Limited, c/o Bennett and Rapin Investments, P.O. Box 742, Peterborough, ON K9J 6Z8, being the owner of the subject properties, which are the subject of the applications. Mr. Duguay attended the meeting and addressed the Committee as follows: He is accompanied at the meeting by Mr. Paul Bennett, who has an ownership interest in the subject properties. The owner would like to construct a new, five storey building at the corner of Hunter Street West and Aylmer Street and is requesting the following variances regarding the proposed development: i) Reduce the minimum building setback from the centre line of Aylmer Street from 16 metres (52.4 ft) to 12.1 metres (39.6 ft), iv) Reduce the minimum dimensions of a motor vehicle parking space from 2.7 metres (8.8 ft) X 5.7 metres (18.8 ft) to 2.5 metres (8.2 ft) X 5.5 metres (18 ft) except for the minimum width of a motor vehicle parking space for the disabled, Reduce the minimum required width of landscaped open space along a lot line abutting a residential district, Fleming Place, from 9 metres (30 ft) to 0, Reduce the minimum depth of a motor vehicle parking space provided on the property from 5.7 metres (18.8 ft) to 5 metres (16.9 ft) for no more than five spaces. v) Reduce the minimum distance that a motor vehicle parking space or driveway may be located in relation to a window of a habitable room of an apartment dwelling from 6 metres (19.6 ft) to 1.4 metres (4.5 ft). A consent is also requested to convey an easement for access and parking of motor vehicles over the subject property in favour of the owners of the adjacent properties known municipally as 5, Fleming Place and 248 Hunter Street West. The applications arise from a site plan application, which has been reviewed by City staff.

4 Meeting Date: July 17, 2012 Page 4 The property is not finished and the time has arrived to develop the property. He has worked with Otonabee Region Conservation Authority (ORCA) through D.M. Wills and Associates regarding flood plain concerns and a proposed new driveway. The consent application deals with shared driveways and access. The existing driveway from Hunter Street West will be closed. The City Urban Landscape Planner will be working with him regarding the streetscape improvements. In his opinion the Staff Report is valid and he concurs with the recommendations contained within the Report. In his opinion all four tests of a minor variance have been met. With respect to the requested variance regarding parking, they are not asking for a reduction in the ratio of parking spaces, just the dimensions and how they are organized in relation to the properties involved. Mr. Richard Straka, Planner, Policy & Research, presented Staff comments with respect to the applications on behalf of the Building and Planning Divisions of the Planning & Development Services Department, City of Peterborough. In response to questions from the Committee, Staff advised as follows: Staff are no longer requiring the merger of properties as outlined in the Staff Report provided they are a party to the site plan agreement. The requirement of 5 metre x 5 metre daylight triangles at the intersections of Hunter and Aylmer Streets and at Hunter and Bethune Streets would be addressed as a condition for approval of the site plan agreement and do not need to be included as a condition in the Committee s decision. The C.6 Zoning would allow a building covering up to 80% of the property to be a height of four storeys. If the lot coverage is less than 80%, as is the case here, you can build higher. In response to questions from the Committee, the applicant advised as follows: Fleming Place is not a public street and is only a driveway known as Fleming Place. The Hunter Street West laneway, which would be subject to flooding, will be eliminated and there will be an entranceway into the property from Aylmer Street. It will all be private properties once you enter into the property and will have one common parking area. The new proposed driveway from Bethune Street is good from flood perspective. The owner is agreeable with the landscape plan suggested by the City Urban Landscape Planner.

5 Meeting Date: July 17, 2012 Page 5 Drawings of the proposed buildings were submitted with the site plan application and the applicant has received positive feedback regarding same from the City Urban Landscape Planner and Heritage Resources Coordinator. The City has encouraged the new Fleming Place building to resemble the existing Fleming Place buildings, and that the new building at 234 Hunter Street West be more modern in appearance. The original application proposed a four storey building at 234 Hunter Street West however the plan has been changed to increase the height of the building to five stories. No one spoke in objection to the applications and no written objections were received. DECISION - File A21/12& B09/12 The Committee considered the location of the subject property in the Transitional Use designated area of the City on the periphery of the Commercial Core. The Committee also considered the intent of the C.6 Commercial zoning that allows buildings to be closer to property lines, as well as the irregular setback of buildings along Aylmer Street. The Committee also considered the overall plan for development of the properties including 242 and 234 Hunter Street West together with 11-17, and 5 Fleming Place as well as 248 Hunter Street West which will all be a party to the site plan agreement to accommodate the common parking area and would be reliant upon the requested consent for cross easements to allow the site plan to function. Based on the site plan presented, the Committee determined that the impact of the variances would be minor and would result in development that would improve the standard of development of the neighbourhood. Accordingly, the Committee determined that: 1. the variances are minor; 2. the proposal is desirable for the appropriate development or use of the land; 3. the general intent and purpose of the Zoning By-law is maintained; and, 4. the general intent and purpose of the Official Plan is maintained. Therefore the following variances are granted permit the proposed development: i) Reduce the minimum building setback from the centre line of Aylmer Street to 12.1 metres, regarding the proposed 5 storey building on the property, ON THE CONDITION THAT the owner enter into an agreement with the City that would prohibit the establishment of any building on the property closer to Hunter Street West than 3.7 metres. Reduce the minimum dimensions of a motor vehicle parking space to 2.5 metres X 5.5 metres except for the minimum width of a motor vehicle parking space for the disabled. vi) Reduce the minimum required width of landscaped open space along a lot line abutting a residential district (11-17 Fleming Place) to 0. Reduce the minimum depth of a motor vehicle parking space provided on the property to 5 metres for no more than five spaces on the property. v) Reduce the minimum distance that a motor vehicle parking space or driveway may be located in relation to a window of a habitable room of an apartment dwelling to no less than 1.4 metres, PROVIDED THAT each of

6 Meeting Date: July 17, 2012 Page 6 the units within all new and existing buildings on the property will have independent, mechanical heating and ventilation units installed. In addition, Consent is hereby granted to convey an easement for pedestrian access, motor vehicle access and parking, sanitary and storm sewer services over a portion of the subject property illustrated as Part 2, 3 and 4 on the draft reference plan attached to the Staff Report, in favour of the owners of the adjacent properties known municipally as 5, Fleming Place and 248 Hunter Street West. CONDITIONAL UPON THE FOLLOWING: i) The owner enter into a site plan agreement with the City that would apply not only to the subject property but also into a site plan agreement with the owners of Fleming Place, 5 Fleming Place and 248 Hunter Street West that would pertain to the development and maintenance of the common parking areas and services between lands that would include Parts 1, 2, 3 and 4 on the draft reference plan attached to the Staff Report. iv) The agreement will prohibit the establishment of any building on 234 and 242 Hunter Street West closer than 3.7 metres to Hunter Street West. Each of the units within all new and existing buildings on the property will have independent, mechanical heating and ventilation units installed. That the reciprocal easements described by application B10/12 be granted and established. v) Provision of a reference plan describing the easements for approval by the City Planner prior to its registration. 3. FILE NO.: A22/12 ADDRESS: Fleming Place APPLICANT: Kevin M. Duguay Community Planning and Consulting Inc. FILE NO.: B10/12 ADDRESS: Fleming Place APPLICANT: Kevin M. Duguay Community Planning and Consulting Inc. These matters relate to a minor variance application and severance application submitted by Kevin M. Duguay Community Planning and Consulting Inc., 560 Romaine Street, Peterborough, ON K9J 2E3, as applicant on behalf of Donald Wayne Bennett and Wulf Eckhart Rapin, c/o Bennett and Rapin Investments, P.O. Box 742, Peterborough, ON K9J 6Z8, being the owners of the subject properties, which are the subject of the applications. Mr. Duguay attended the meeting and addressed the Committee as follows: He is accompanied at the meeting by Mr. Paul Bennett, who has an ownership interest in the subject properties. The owners would like to construct a new, three storey, twelve unit dwelling on the property and is seeking the following variances from the zoning by-law:

7 Meeting Date: July 17, 2012 Page 7 i) Reduce the minimum building setback from the centre line of Bethune Street from 16 metres to 15.4 metres, iv) Reduce the minimum dimensions of a motor vehicle parking space from 2.7 metres X 5.7 metres to 2.5 metres X 5.5 metres except for the minimum width of a motor vehicle parking space for the disabled, Reduce the minimum distance that a driveway or motor vehicle parking space may be located from a lot line from 1.5 metre to 0, and Reduce the minimum distance that a motor vehicle parking space or driveway may be located in relation to a window of a habitable room of an apartment dwelling from 6 metres to 1.4 metres. A consent is also requested to convey an easement for access and parking of motor vehicles over the subject property in favour of the owners of the adjacent properties known municipally as Hunter Street West and 248 Hunter Street West. Mr. Richard Straka, Planner, Policy & Research, presented Staff comments with respect to the applications on behalf of the Building and Planning Divisions of the Planning & Development Services Department, City of Peterborough. The following person attended the meeting and addressed the Committee: Jill Bishop of 5 Fleming Place, Peterborough, ON K9H 3Y7: She cited the staff report and expressed concern regarding the heritage value of the existing buildings on the property and would like to see the architectural integrity of the buildings preserved. She supported retaining the existing porch attached to the south side of Fleming Place, which the applicant has proposed to remove to provide parking. She stated that it would be best to preserve as much of the existing trees and landscaping on the property as possible. In response to questions from the Committee, the applicant advised as follows: The existing trees along the northerly and easterly sides of the properties will not be affected however some trees along the westerly side are invasive and scrub vegetation and may be removed. To the fullest extent possible matures trees will not be removed. There is an aggressive landscaping plan to replace trees that are removed. Fleming Place is not a public street and is only a driveway known as Fleming Place. It will all be private properties once you enter into the property and will have one common parking area. The new proposed driveway from Bethune Street is good from flood perspective. No trees will be removed in the Fleming Park property.

8 Meeting Date: July 17, 2012 Page 8 The owner is agreeable with the landscape plan suggested by the City Urban Landscape Planner. Drawings of the proposed buildings were submitted with the site plan application and the applicant has received positive feedback regarding same from the City Urban Landscape Planner and Heritage Resources Coordinator. The City has encouraged the new Fleming Place building to resemble the existing Fleming Place buildings. He is not aware that the properties are heritage designated and this could be dealt with through the site plan process. They are working with Staff to retain the porch at Fleming Place, which was originally intended to be removed for parking. The owners intention is that the porch will remain as is. Mr. Paul Bennett advised the Committee that: The design of the proposed building at Fleming Place will mimic the buildings at Fleming Place. The new building at Fleming Place is the first building to be constructed. In response to questions from the Committee, Staff advised as follows: Staff are no longer requiring the merger of properties as outlined in the Staff Report provided they are a party to the site plan agreement. The requirement of 5 metre x 5 metre daylight triangles at the intersections of Hunter and Aylmer Streets and at Hunter and Bethune Streets would be included in the site plan agreement and do not need to be included as a condition in the Committee s decision. Staff has received communication from the City s Heritage Resources Coordinator who has concerns regarding the removal of the porch at Fleming Place. The owners have agreed to modify the site plan to relocate the proposed three parking spaces in order to preserve the existing porch at Fleming Place. Based on the site plan information provided to the City there would appear to be adequate information for the Committee to make a decision on the variance and consent applications applied for this evening. DECISION - File A22/12 and B10/12 Being part of the same plan for development reviewed by the Committee under files A21/12 and B09/12, the Committee considered the variances were appropriate in the context of the plan for development within the Transitional Use designated area of the City and would facilitate an appropriate site plan for development together with adjacent properties known as 234 and 242 Hunter Street West being united by way of a site plan agreement. The Committee determined that the impact of the variances would be minor and would result in development that would be an improvement to the standard of development of the neighbourhood.

9 Meeting Date: July 17, 2012 Page 9 Accordingly, the Committee determined that: 1. the variances are minor; 2. the proposal is desirable for the appropriate development and use of the land; 3. the general intent and purpose of the Zoning By-law is maintained; and, 4. the general intent and purpose of the Official Plan is maintained. Therefore the variances are granted as follows: i) Reduce the minimum building setback from the centre line of Bethune Street to 15.4 metres for a three storey high apartment building, iv) Reduce the minimum dimensions of a motor vehicle parking space from 2.7 metres X 5.7 metres to 2.5 metres X 5.5 metres except for the minimum width of a motor vehicle parking space for the disabled, Reduce the minimum distance that a driveway or motor vehicle parking space may be located from a lot line from 1.5 metre to 0, and Reduce the minimum distance that a motor vehicle parking space or driveway may be located in relation to a window of a habitable room of an apartment dwelling from 6 metres to 1.4 metres PROVIDED THAT each of the units within all new and existing buildings on the property will have independent, mechanical heating and ventilation units installed. In addition, Consent is hereby granted to convey an easement for pedestrian access, motor vehicle access and parking and storm sewer services over a portion of the subject property illustrated as Part 1 on the draft reference plan attached to the Staff Report, in favour of the owners of the adjacent properties known municipally as 234, 242 and 248 Hunter Street West. CONDITIONAL UPON THE FOLLOWING: i) The owner enter into a site plan agreement with the City that would apply not only to the subject property but also to a site plan agreement with the owners of 234, 242 and 248 Hunter Street West, which would pertain to the development and maintenance of the common parking areas and services between lands that would include Parts 1, 2, 3 and 4 on the draft reference plan attached to the Staff Report. iv) The site plan require the preservation of the porch attached to the south side of Fleming Place. The agreement will require that each of the units within all new and existing buildings on the property will have independent, mechanical heating and ventilation units installed. The reciprocal easements described by application B09/12 be granted and established. v) Provision of a reference plan describing the easements for approval by the City Planner prior to its registration.

10 Meeting Date: July 17, 2012 Page FILE NO.: A23/12 ADDRESS: 695 Brown Street APPLICANT: Lisa Bradshaw It was decided by Staff and the Committee that item number 4 on the Agenda would be dealt with after item number 5 (see below). 5. FILE NO.: A24/12 ADDRESS: 91 Langton Street APPLICANTS: Robert and Joanne Lapum FILE NO.: B11/12 ADDRESS: 91 Langton Street APPLICANTS: Robert and Joanne Lapum These matters relate to a minor variance application and severance application submitted by Robert and Joanne Lapum, 91 Langton Street, Peterborough, ON K9H 6K3 the owners of the property, which is the subject of the applications. Mr. Lapum attended the meeting and addressed the Committee as follows: The owners would like to sever the westerly metres (60 ft) to create a new lot for a single unit dwelling to the west of the existing dwelling on the property. Because the property tapers to the west, a variance is requested to reduce the minimum required lot depth from 30 metres (98.4 ft) to 27.5 metres (90.22 ft) to facilitate the creation of the lot. Mr. Lapum confirmed the lot and plan numbers which comprise 91 Langton Street. He had previously discussed with City Staff if the property was one or two lots and they decided 91 Langton Street consisted of Lot 12 and a part of Lot 20 of Plan 14. His opinion is that Lot 20, being the westerly portion of the property, could be sold separately from Lot 12. His solicitor is of the opinion that the owners are proposing a boundary change only and not creating a new lot therefore the proposed parks levy and tree levy as set out in the Staff Report would not apply. Mr. Richard Straka, Planner, Policy & Research, presented Staff comments with respect to the application on behalf of the Building and Planning Divisions of the Planning & Development Services Department, City of Peterborough. In response to questions from the Committee, the applicant advised as follows: In his opinion you cannot request a parks levy as a condition of a minor variance application and would like to discuss same with his solicitor. He is of the opinion that he could legally sell the 90 foot part of Lot 20 now, without consent, and the existing garage on the property would have no bearing on the sale. He confirmed that there is one assessment for the entire property known municipally as 90 Langton Street.

11 Meeting Date: July 17, 2012 Page 11 Lot 12 and part of Lot 20 are not separately registered on title and they have merged. In response to questions from the Committee, Staff advised as follows: Staff has had discussions with the City Legal Department and was advised that the owners could sell Lot 12 and be left with a parcel that does not conform. Legal Staff advised that the owner cannot sell Lot 20 independent of Lot 12 DECISION - File No. A24/12 and DECISION - File No. B11/12 The Applicant, Staff and the Committee agreed that both matters shall be adjourned until the next meeting in September in order for Mr. Lapum to obtain a legal opinion from his solicitor and Staff can obtain same from the City Legal Department. 4. FILE NO.: A23/12 ADDRESS: 695 Brown Street APPLICANT: Lisa Bradshaw This matter relates to a minor variance application submitted by Lisa Bradshaw, 695 Brown Street, Peterborough, ON K9J 4K6 being a co-owner of the property, which is the subject of the application. Staff advised the Committee that prior to the meeting he had been contacted by Ms. Lisa Bradshaw who advised that her mother, the co-owner of the property, had just passed away. Ms. Bradshaw advised that under the circumstances she would not be able to attend the meeting, however she would be agreeable to the Committee either proceeding with its deliberations in her absence or adjourning the matter to a later date. Staff confirmed the following: The owners would like to construct a covered verandah across the front of the dwelling and are requesting the following variances to the regulations of the bylaw: i) Reduce the minimum building setback from the centre line of High Street from 16 metres (52.5 ft) to 8.5 metres (27.8 ft), Reduce the minimum building setback from 6 metres (20 ft) to 4.5 metres (14.76 ft) from Brown Street regarding the covered verandah and to 2.7 metres (8.8 ft) regarding a 1.2 metre wide set of uncovered stairs descending from the verandah. Mr. Richard Straka, Planner, Policy & Research, presented Staff comments with respect to the application on behalf of the Building and Planning Divisions of the Planning & Development Services Department, City of Peterborough. In response to questions from the Committee, Staff advised as follows: Ms. Bradshaw had intended to build the verandah for a place for her mother to sit and enjoy the outdoors. Ms. Bradshaw s mother had in fact passed away prior to the meeting however Ms. Bradshaw still intended to proceed with the application.

12 Meeting Date: July 17, 2012 Page 12 DECISION The Committee reviewed the application, considered the use and development of adjacent properties and determined that the impact of the variance was minor and would result in development that would be in keeping with the established standard of development of the neighbourhood. Accordingly, the Committee determined that: 1. the variance is minor; 2. the proposal is desirable for the appropriate development or use of the land; 3. the general intent and purpose of the Zoning By-law is maintained; and, 4. the general intent and purpose of the Official Plan is maintained. Therefore a variance is granted to construct a covered verandah across the front of the dwelling and to vary the regulations of the by-law to: i) Reduce the minimum building setback from the centre line of High Street to 8.5 metres for an open sided, covered verandah, Reduce the minimum building setback to 4.5 metres from Brown Street regarding the covered verandah and to 2.7 metres regarding a 1.2 metre wide set of uncovered stairs descending from the verandah. NEXT MEETING: The next meeting of the Committee of Adjustment is scheduled for Tuesday, September 11, ADJOURNMENT: Meeting adjourned at 8:35 p.m. Dated the 20 th day of July, Claude Dufresne Acting Chair Lisa Killingbeck Secretary-Treasurer