MINUTES COMMITTEE OF ADJUSTMENT PROFESSIONAL CENTRE RD AVENUE EAST - SUITE 220, ROOM 4 NOVEMBER 21, :00

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1 MINUTES COMMITTEE OF ADJUSTMENT PROFESSIONAL CENTRE RD AVENUE EAST - SUITE 220, ROOM 4 NOVEMBER 21, :00 MEMBERS PRESENT: MEMBERS ABSENT/REGRETS: STAFF PRESENT: Rick Beaney, Chair Ruthann Carson Rick Holland George Mackowski Bernie Fishman Margaret Potter, Community Planner Alex Rousselle, Chief Building Official Dana Goetz, Engineering Technologist Justin Teakle, Secretary-Treasurer Scott Wilson, Planning Student 1 CALL TO ORDER The Chair called the meeting to order at 2:58 PM 2 ADDITIONAL ITEMS Community Planners introduced the new Chief Building Official, Alex Rousselle, to the Committee 3 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest 4 CONFIRMATION OF MINUTES a Minutes of the Committee of Adjustment meeting held on September 26, 2017 Moved by George MacKowski "THAT the minutes of Committee of Adjustment meeting held September 26, 2017 be approved as printed" Carried Page 1 of 11

2 5 CORRESPONDENCE RECEIVED FOR WHICH DIRECTION IS REQUIRED There was no correspondence received 6 ANNOUNCEMENT BY THE CHAIR Please be advised that the Planning Act of Ontario indicates that if anyone other than the applicant or agent wishes to receive notice of the decision of the Committee of Adjustment, or in the event that the Committee defers its decision notice of further proceedings respecting the application, such person or persons must leave their names and addresses in writing with the Secretary- Treasurer of the Committee prior to leaving the hearing In addition, any person has the right to appeal the decision of the Committee of Adjustment within the defined appeal period More information concerning how to appeal a decision of the Committee of Adjustment to the Ontario Municipal Board may be obtained from the Community Services Department (Planning Division) in City Hall 7 APPLICATIONS a Application File No B09/2017 by Michael and Karen Kreuzer The applicant proposes to sever a parcel of land for the purpose of lot addition The severed parcel is irregular in shape and has approximately 95 m of width, 48 m of depth, and 3965 sq m of area The severed parcel will be conveyed to the adjacent lands to the north which contain an existing single detached dwelling The retained parcel is irregular in shape and has approximately 40 m of frontage on 14th Street W, 82 m of depth, and 3156 sq m of area No new lot would be created by this application The Secretary-Treasurer confirmed that the lands subject of this application are designated "Residential" and "Hazard Lands" and zoned "Medium Density Residential" (R4) and "Hazard Lands" (ZH) He further advised that correspondence with comment received from the Engineering Services Division, the Grey Sauble Conservation Authority, Union Gas, and the County of Grey were attached to the agenda package, which was published prior to the hearing The Community Planner summarized the proposal and staff report CS referring to a PowerPoint presentation for site photos and submitted plans to provide context She explained that the consent application is for the purpose of lot addition and that no new lot will be created She further noted that: The proposal is consistent with the Provincial Policy Statement (PPS) and the Official Plan The Official Plan directs the City to obtain Hazard Lands through the development process, however since no development is Page 2 of 11

3 proposed at this time and there is limited adjacency to City lands, conveyance of Hazard Lands to the City would not be appropriate at this time The two resulting lots will meet the regulations of the Zoning Bylaw As 14th Street W is being maintained by the City and no new lot is being created, no upgrades to the road allowance are required The Engineering Services Division recommends approval subject to 1 standard condition Staff recommended approval subject to 3 conditions The Chair invited presentations from the applicant and agent Marc Henderson ( th Street W), agent for the application, stated that he did not have a presentation, but would answer any questions The Chair invited presentations from the public and questions from the Committee There were no presentations from the public and no questions from the Committee Moved by George MacKowski "THAT in consideration of staff report CS respecting consent application B09/2017, by Michael and Karen Kreuzer for property known as th Street W, the Committee approves the consent as the Committee concludes that it maintains the general intent and purpose of the Official Plan and Zoning By-law subject to the following conditions: 1) That the applicant submit to the Secretary-Treasurer of the Committee of Adjustment a legal description of the subject lands which will meet the requirements of the Registrar and request in writing (either through presentation of deeds for stamping or a written statement) from the Secretary-Treasurer of the Committee of Adjustment a certificate of consent, provided however that before the said certificate is issued, any other conditions imposed by the committee have been fulfilled to the satisfaction of the Secretary-Treasurer 2) That the applicant provide written evidence to the satisfaction of the Secretary-Treasurer that the severed parcel will be transferred to the same registered owner as the abutting lands such that the severed parcel shall merge therewith a and further that the Secretary-Treasurer be directed to issue a certificate of consent stating that Section 50(3) or (5) of the Planning Act 1990 (as the case may be) shall apply to any subsequent conveyance or transaction involving the identical parcel and the applicant provide an undertaking to apply to the land registrar to consolidate the parcels in the land registry system within a Page 3 of 11

4 reasonable time after registration and to provide the Secretary- Treasurer with written evidence of the consolidation 3) That the applicant share with the owner of the abutting lands the attached comments from Grey Sauble Conservation Authority noting the location of the Hazard Lands and the area regulated by OReg 151/06" Carried b Application File No A09/2017 by Grey Bruce Property Rentals The applicant is currently restoring an existing 10 unit apartment building that was destroyed by fire and is proposing to add 4 additional dwelling units within the building The applicant is requesting relief from Zoning By-law , as amended, on the minimum number of offstreet parking stalls The minimum required number of off-street stalls is 15, including 1 barrier free parking stall There are 10 existing parking stalls A variance of 5 parking stalls, including 1 barrier free parking stall, is being requested on the minimum required number of off street parking stalls The Secretary-Treasurer confirmed that the lands subject of this application are designated "Residential" and zoned "General Residential" (R5) He further advised that correspondence with comment received from the Engineering Services Division; the County of Grey; the Chief Building Official; Daniel Krieger; Jody Johnson and Jamie Pettit; and was attached to the agenda package, which was published prior to the hearing Comments from Sheryl Taylor received after the agenda was published were provided in hardcopy to the Committee and read aloud The Community Planner summarized the proposal and staff report CS referring to a PowerPoint presentation for site photos, aerial photos, and submitted plans to provide context She noted that the applicant is currently restoring the apartment building and that the subject property has an existing encroachment agreement and parking agreement with the City She further noted that: A new 14 unit apartment building of the same size would require even more than 15 parking spaces New dwelling units must meet current standards which requires 5 parking stalls for 4 units The Engineering Services Division does not support the variance as requested and can only support a reduction of 1 parking stall without a barrier free space and 4 stall provided off site A Building Permit will be required to create the 4 new units Snow storage and garbage is a property standards matter In terms of the need for affordable housing, there are currently 580 families or people in Owen Sound on a waiting list for affordable housing Page 4 of 11

5 Parking is the only zoning deficiency as a result of the proposed intensification and is also a requirement of the Official Plan for intensification The property is outside of the downtown core and its amenities o cash-in-lieu cannot be accepted for deficient parking stalls The property is in proximity to an Arterial Road, bicycle route, walking trails, transit, parks and the Harry Lumley Bayshore Community Centre The existing 10 dwelling unit development is considered compliant with the 10 spaces existing by agreement There is no opportunity to create a new barrier-free parking stall on-site The applicant submitted a letter in support of the application advising the lease agreements that spaces for bicycles and scooters will be provided on-site to provide alternative means of transportation and the site is proximate to transit In spite of the applicant's assurances that tenants will not require the parking staff recommend that 4 additional parking spaces be provided elsewhere The Zoning By-law permits parking stalls to be provided off-site within 100m of the subject property o Research from local school boards notes that they consider 800 m to 1600 m a walkable distance o Local transit study recommended that 400 m is walkable o It is recommended that the 4 additional spaces be provided within 500m of the subject property Staff recommend modification of the requested minor variance as follows: The applicant is currently restoring an existing 10 unit apartment building that was destroyed by fire and is proposing to add 4 additional dwelling units within the building Relief from Zoning Bylaw , as amended, on the minimum number of off-street parking stalls is required The minimum required number of offstreet stalls is 15, including 1 barrier free parking stall A variance is requested to require a minimum of 14 off-street parking stalls with out a barrier free stall In addition to point already made, staff noted the following in support for modified minor variance: Intensification is supported by the Official Plan and there is no change to the building size or streetscape proposed The property is fully serviced The proposed use is permitted The type of additional unit proposed is in high-demand The subject property is close to transit Additional parking can be provided within walking distance Staff recommended approval of the modified minor variance subject to 3 conditions to require 4 stalls off site by agreement, a building permit to be obtained, and a plan provided indicating bike/scooter parking Page 5 of 11

6 The Chair invited presentations from the applicant Barry Kruisselbrink, representing applicant Grey Bruce Property Rentals, addressed the Committee and stated that he would answer any questions The Chair invited presentations from the public Jonathan Kepler of 239 7th Street E addressed the Committee He stated that he owns a larger property on the same block as the subject lands and that while all of his 8 units each have parking spaces, fewer than half his tenants use them He further noted that environmental considerations are resulting in fewer people driving and encouraged the Committee to consider the implications of opposing change on a "NIMBY" (Not In My Backyard) basis as doing so encourages higher prices and rents Mr Kepler stated that he finds the application as applied for to be reasonable No other members of the public came forward to speak The Chair invited questions from the Committee The Committee asked staff whether the applicant has looked to see if they can provide the 4 additional parking spaces within 500 m of the subject property The Committee also asked whether the parking agreement for the 4 spaces would be registered on title The Community Planner replied to the Committee and stated that there are other underutilized properties including some the applicant owns within 500 m and that any location proposed would have to be to the satisfaction of staff and within the valley below the east hill She further noted that the agreement could be registered on title or alternatively the onus could be placed on the owner to notify the City in the event of any change and ensure provision of the parking over the long-term The applicant also addressed the Committee and confirmed that they own additional properties within 500m of the subject property, but noted that the 4 additional spaces likely will not be used Moved by Ruthann Carson "THAT in consideration of staff report CS respecting minor variance application A09/2017, by Grey Bruce Property Rentals, for property known as th Avenue E, the Committee approves the application as modified as the Committee concludes that it maintains the general intent and purpose of the Official Plan and Zoning By-law, is minor Page 6 of 11

7 in nature and desirable for the appropriate use of the property, subject to the following conditions: 1) In addition to the 10 parking spaces provided through existing agreement (By-law ), that 4 additional off-street parking stalls be provided not more than 500m from the subject lands subject to a legal agreement to the satisfaction of the City's Public Works and Engineering Services Department (Engineering Services Division) and Community Services Department (Planning Division) 2) That a building permit be obtained for the 4 additional units 3) That prior to the issuance of a building permit for the additional dwelling units, the applicant must provide to the Secretary-Treasurer a site plan showing the location of the proposed scooter and bicycle parking spaces to the satisfaction of the Community Planner" Carried c Application File No A06/2017 by Sydenham Properties Inc The applicant is currently constructing a residential condominium with a portion of the ground floor commercial on the subject lands Site plan approval was previously granted The maximum permitted building height is 23 metres The proposed building height is 27 metres The applicant is requesting a variance from Zoning By-law , as amended, to permit a maximum building height of 27 m providing for a 7th floor containing 4 dwelling units, a guest suite and amenity space Minor variance (A06/2014), was previously approved to permit an increase in height to a maximum of 255 metres Minor variance (A15/2016), was previously approved to permit an additional increase in height to a maximum building height of 27 metres As a condition of A15/2016, the 7th floor was permitted to be used for a maximum of 1 dwelling unit and amenity space The applicant is proposing to expand the area of the 7th floor and accommodate a total of 4 dwelling units, a guest suite, and amenity space on this level The Secretary-Treasurer confirmed that the lands are designated "Downtown Commercial" and "Hazard Land" and zoned "Core Commercial" (C1), Hazard Lands (ZH) and "Special Provision 14105" He further advised that correspondence with comment received from the Engineering Services Division was attached to the agenda package published prior to the hearing Comments received from the Grey Sauble Conservation Authority after the agenda was published were provided to the Committee in hardcopy and summarized aloud Page 7 of 11

8 The Community Planner summarized the proposal and staff report CS referring to a PowerPoint presentation for site photos and submitted plans to provide context She explained the history of past minor variance applications A06/2014 and A15/2016 and that this application was initiated by the relocation of the gym amenities from the 7th floor to the 2nd floor She further noted that: The maximum building height requested for the entire building is 27m The property is listed on the City's Register of Properties of Cultural Heritage Value or Interest Heritage concerns will be addressed through the site plan control process The Grey Sauble Conservation Authority was consulted at every stage of the application, but formal comments were submitted following the agenda publication, which supported the recommended conditions Buildings over 4 storeys require a rezoning and one has occurred on the property Shadow studies submitted for the variance application are inconsistent with those submitted with previous applications The applicant has stated that this is due to improved technology o 2017 studies show more of an impact on buildings to the north, while previous studies showed more of the shadow falling on buildings to the east However, the additional impact by the expanded 7 th floor is minor compared to the shadow cast by the already approved structure Submitted floor plans and elevations show that the 7th floor changes o There will still be some step-back from the west o Most significant change would be at the north end of the building The building will still be below 8 storeys in height Further site plan approval will be required Cash-in-lieu will be required for additional required parking stalls as the site is in the downtown The proposed guest suite is not considered a dwelling unit and does not require an additional parking space The proposal will result in a total of 36 dwelling units on site (previously 34) The proposed uses are permitted by the Zoning By-law and the guest suite is considered accessory, similar to the extra bedroom The holding provision removed from the subject property in 2014 required a condition for a geo-technical review and site plan approval The additional 7th floor area will require both the geo-technical study and site plan approval be amended The Community Planner found the application to be minor noting: o There is an existing 7th storey o Most of the shadowing is caused by the existing building Page 8 of 11

9 o Stepped-back 7th floor on the west side of the building and uncovered balconies on the north side will reduce massing The Community Planner found the application to be desirable noting: o It is in the public interest that the development be completed o The proposal makes use of existing land and infrastructure o A geo-technical study must be submitted to the satisfaction of the Chief Building Official and the Grey Sauble Conservation Authority Staff recommend approval subject to 1 multiple-part condition The Chair invited presentations from the applicant or agent Don Scott, representing agent Cuesta Planning Consultants Inc, addressed the Committee and stated that he had a presentation prepared, but felt that most of it would be repetition of what the Community Planner had already addressed He noted that moving the gym to the second floor would be quieter for building residents He also stated that the parking already to be provided should be sufficient, but that the applicant is prepared to pay cash-in-lieu The Chair invited presentations from the public, but there were none The Chair invited questions from the Committee The Committee asked staff where additional people requiring overnight parking could be accommodated in the winter when there is no overnight street parking permitted The Committee also asked whether the Grey Sauble Conservation Authority comments were endorsing the conditions recommended by staff where their comments reference conditions The Engineering Technologist responded that in the winter overnight parking is available in some of the municipal lots downtown The Community Planner confirmed that the Grey Sauble Conservation Authority is endorsing the conditions of the City staff recommendation report Moved by Rick Holland THAT in consideration of staff report CS respecting minor variance A06/2017, by Sydenham Properties Inc for property known as 80 9 th Street E, the Committee approves the application as the Page 9 of 11

10 Committee concludes that it maintains the general intent and purpose of the Official Plan and Zoning By-law, is minor in nature and desirable for the appropriate use of the property, subject to the following conditions: 1) That prior to the issuance of any building permit for the expanded 7 th floor, the following conditions must be met: i That the Site Plan be modified to address the proposed changes to the building and that all conditions of Site Plan approval be fulfilled to the satisfaction of the City's Community Services Department (Planning Division) and Public Works & Engineering Department (Engineering Services Division) This will require an amendment to the Site Plan Agreement at the owner s expense ii That any and all permits as required by OReg 151/06 or any other permission required have been granted to the satisfaction of the Grey Sauble Conservation Authority iii That confirmation be provided that the structure, piles and soils can support the addition to the 7 th Floor be provided to the satisfaction of the Chief Building Official and Grey Sauble Conservation authority iv Cash in lieu of parking must be paid to address the deficiency of 2 parking spaces to accommodate the additional dwelling units proposed 8 OTHER BUSINESS Carried a 2018 Committee meeting dates and application deadlines The Committee discussed the proposed application dates and deadlines for 2018 Moved by Rick Holland "THAT the 2018 Committee of Adjustment Application Addendum and the meeting dates and deadlines therein be approved as printed" Carried 9 CORRESPONDENCE RECEIVED WHICH IS PRESENTED FOR INFORMATION Page 10 of 11

11 There was no correspondence received 10 NEXT MEETING The next regularly scheduled meeting is December 19, 2017 if an application is received 11 ADJOURNMENT There being no further business, the Chair adjourned the meeting at 3:55 PM Signature on file Chair Signature on file Secretary-treasurer Page 11 of 11