AGENDA COMMITTEE OF ADJUSTMENT

Transcription

1 Planning & Development Services Tel Fax TOWN OF AJAX 65 Harwood Avenue South Ajax, ON L1S 2H9 AGENDA COMMITTEE OF ADJUSTMENT Town Hall 65 Harwood Avenue South Ajax, Ontario Council Chambers Wednesday, May 29, 2013 Pre-meeting to commence at 6:30 p.m. Public Meeting to commence at 7:00 p.m. Online Agenda: Anything in blue denotes an attachment/link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To maneuver back to the agenda page use the Ctrl + Home keys simultaneously OR use the Bookmark icon on the navigation panel to the left of your screen. 1. Call to Order 2. Disclosure of Interest 3. Adoption of April 24, 2013 Committee of Adjustment Meeting Minutes... Page 2 4. Outline of the General Mandate of the Committee of Adjustment 5. Applications: A7/13 William Arthur Foster 47 Tudor Avenue... Page 5 To permit a minimum setback of 0.2 metres from the rear lot line to the easterly existing accessory structure and to permit a minimum setback of 0.7 metres from an exterior side lot line to the easterly and westerly existing accessory structures. A8/13 Jitender Singth on behalf of Battlefied Equipment Rentals 400 Clements Road West... Page 11 To enlarge the legal non-conforming use of a Machinery and Equipment Sales and Rental Establishment, to permit a 743 m 2 building addition. A9/13 Brad Forder 211 Ravenscroft Road... Page 17 To permit a minimum a maximum driveway width of 5.4 metres. 6. Other Business/New Business 7. Adjournment

2 April 24, 2013 Committee of Adjustment Meeting Minutes Page 1 of 3 MINUTES OF A HEARING OF THE COMMITTEE OF ADJUSTMENT FOR THE TOWN OF AJAX HELD IN THE COUNCIL CHAMBERS, TOWN HALL, 65 HARWOOD AVENUE SOUTH, AJAX Wednesday April 24, 7:00 P.M. Present: Absent: Matthew Milligan, Chair Carolyn Molinari, Vice-Chair Eldon Dixon, Member Lisa-Marie Williams, Member Michael Briand, Member Geoff Romanowski, Technical Advisor/Secretary-Treasurer Alejandro Cifuentes, Development Planner Sean McCullough, Development Planner None 1. Call to Order April 24, 2013, Town of Ajax, Committee of Adjustment Meeting Meeting called to order at 7:04 p.m. on April 24, Disclosure of Interest Chair Milligan asked if any of the members of the Committee had a conflict of interest with the application on the agenda. There were none. 3. Adoption of March 27, 2013, Town of Ajax, Committee of Adjustment Meeting Minutes Chair Milligan put a request forward to the Committee to adopt the March 27, 2013 Committee of Adjustment Meeting Minutes. Proposed by: Seconded by: Michael Briand Eldon Dixon All in favour Carried 2

3 April 24, 2013 Committee of Adjustment Meeting Minutes Page 2 of 3 4. Outline of the General Mandate of the Committee of Adjustment Chair Milligan provided an overview of the Committee of Adjustment mandate for all that were present at the meeting. 5. Application Minor Variance Application A6/13 N. & V. Mistry 4 Dolby Crescent LOT 53, 40M2347 To permit a minimum setback of 7.1 metres from the rear lot line to a proposed sunroom addition; whereas, the Zoning By-law requires a minimum setback of 7.5 metres from a rear lot line and to permit a maximum lot coverage of 46%; whereas, the Zoning By-law permits a maximum lot coverage of 45%. Technical Advisor/ Secretary-Treasurer Romanowski confirmed written notice of the hearing was sent according to the Rules of Procedures laid out by the Planning Act and one response was received via telephone and the basis of the response was general inquiry. The recommendation, from the Town of Ajax, Planning & Development Services, was that the application be approved subject to the following condition: 1. That the Owner obtain a building permit for the proposed sunroom addition, or this decision shall become null and void. Mr. M. Jacewicz represented the application and indicated that the staff report addressed the request. Chair Milligan asked if the Committee had any questions for the applicant/representative. Member Dixon asked if the original sunroom complied with all zoning provisions. Mr. M. Jacewicz indicated that the original sunroom was in complete conformity and that the property owners just wanted a little bit more space. Chair Milligan asked if there were any members of the public that wished to speak to this matter. There were none. Chair Milligan asked if there were any further questions, comments or discussion on the application. 3

4 April 24, 2013 Committee of Adjustment Meeting Minutes Page 3 of 3 There were none. Chair Milligan asked for a motion from the Committee. Decision: To approve the application subject to the following condition: 1. That the Owner obtain a building permit for the proposed sunroom addition, or this decision shall become null and void. Proposed by: Seconded by: Eldon Dixon meets the four tests of the Planning Act and is reasonable Carolyn Molinari All in favour Carried 6. Other Business/New Business Lisa-Marie Williams submitted her resignation from the Committee of Adjustment and her last meeting will be July 31, Sean McCullough was introduced to the Committee of Adjustment as one of the new Development Planners for the Town of Ajax. 7. Adjournment Chair Milligan put the request forward to the Committee to adjourn the April 24, 2013 Committee of Adjustment Meeting. Proposed by: Seconded by: Eldon Dixon Michael Briand All in favour Carried Meeting adjourned at 7:27 p.m. Matthew Milligan Chair Geoff Romanowski, MCIP, RPP, CPT Secretary-Treasurer 4

5 TOWN OF AJAX REPORT Report To: Prepared By: Submitted By: Committee of Adjustment Sean McCullough Development Planner Geoff Romanowski, MCIP, RPP, CPT Development Approvals Coordinator Subject: Minor Variance Application A7/13 William Arthur Foster 47 Tudor Ave. Ward: 3 Date of Meeting: May 29, 2013 Recommendation: That the Committee of Adjustment approve Minor Variance Application A7/13, submitted by William Arthur Foster, to permit a minimum setback of 0.2 metres from a rear lot line to the easterly existing accessory structure and to permit a minimum setback of 0.7 metres from an exterior side lot line to the easterly and westerly existing accessory structures. Background & Proposal This application has been submitted as a result of a neighbour complaint regarding the location of two sheds on the subject property. Upon inspection of the property by By-law Services, the property owner was informed that the sheds were out of compliance with Zoning By-law , as amended, and that they would need to be brought into compliance either by relocating the sheds or applying for a minor variance. The property owner has requested relief from the requirements of the zoning by-law to recognize setbacks of two existing sheds, being a setback of 0.2 metres from a rear lot line and a setback of 0.7 metres from an exterior lot line; whereas, the zoning by-law requires accessory structures to be setback a minimum of 0.6 metres from a rear lot line and a minimum setback of 5.0 metres from an exterior side lot line. Based on information provided by the property owner, these sheds were constructed in 2003 and have a gross floor areas of 7.5 m² (easterly shed) and 8.9 m² (westerly shed), respectively. 5

6 Subject: A7/13 47 Tudor Avenue William Arthur Foster P a g e 2 Subject Property & Surrounding Land Uses: The subject property is located at the southeast corner of Tudor Avenue and Elm Street. The subject property is surrounded by single detached dwellings (See Figure 1 Subject Lands). Town of Ajax Official Plan: The subject property is designated Low Density Residential within the Town of Ajax Official Plan, which provides for such uses as, single detached dwellings, semi-detached dwellings, and linked dwellings up to a maximum density of 30 units per net hectare. The proposed variances maintain the general intent and purpose of the Official Plan. Town of Ajax Zoning By-law : The subject lands are zoned Residential One D (R1-D) Zone within Town of Ajax Zoning Bylaw # , as amended. A single detached dwelling is a permitted use in the R1-D zone. Accessory buildings, structures and uses are permitted in all zones and are subject to the provisions outlined in Section Zoning By-law , as amended. The subject property complies with all provisions of the zoning by-law, except the minimum setbacks to accessory structures from the rear lot line and the exterior side lot line. Requested Minor Variances: Minimum Setback from an Exterior Lot Line and a Rear Lot Line to an Accessory Structure(s) Variance The intent of the minimum exterior side yard setback is to provide an appropriate buffer between a building or structure on a lot and the street line, while preserving a desirable streetscape and maintaining sightlines for traffic on adjacent roads. While, the intent of the minimum rear yard setback is to ensure that an appropriate buffer is provided between a building or structure and the rear lot line; and to ensure that the structure is not infringing on abutting properties. These requests are essentially to recognize the location of two sheds, which have been situated on the subject property since The accessory structures have been appropriately screened by a 1.8 metre (6 ft.) high privacy fence along the exterior side and rear lot lines. Although these structures are situated in close proximity to the exterior side and rear lot lines, they do not negatively impact the streetscape along Elm Street or infringe on the directly abutting properties to the east (48 & 50 Windsor Avenue). In addition, the property owner has submitted a petition, signed by 18 immediate neighbours, indicating that they do not have any issues with the submitted minor variance application. Therefore, the requests submitted to recognize the setbacks of these two existing sheds, being 0.2 metres from a rear lot line and 0.7 metres from an exterior lot line, are considered to be minor in nature and desirable for the appropriate development and use of the lands. 6

7 Subject: A7/13 47 Tudor Avenue William Arthur Foster P a g e 3 Other Comments: Transportation Services - no comments; Design Services Building Services Operations Fire Services Engineering Services - no comments; no comments; no comments; no comments; no comments Conclusion: Based on the discussion above, staff are of the opinion that Minor Variance Application A7/13 submitted by William Arthur Foster, to permit a minimum setback of 0.2 metres from a rear lot line to the easterly existing accessory structure and to permit a minimum setback of 0.7 metres from the exterior side lot line to the easterly and westerly existing accessory structures, are: 1) minor in nature; 2) desirable for the appropriate development and use of the lands; and 3) in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Sean McCullough Development Planner Geoff Romanowski, MCIP, RPP, CPT Development Approvals Coordinator 7

8 Subject: A7/13 47 Tudor Avenue William Arthur Foster P a g e 4 Application File No. A7/13 Applicant: William Arthur Foster Date: May 29, 2013 Figure 1 Subject Lands 47 Tudor Avenue Town of Ajax Planning & Development Services 8

9 Subject: A7/13 47 Tudor Avenue William Arthur Foster P a g e 5 Elm Street To permit a minimum setback of 0.7 metres from an exterior side yard lot line. To permit a minimum setback of 0.2 metres from a rear lot line. Application File No. A7/13 Applicant: William Authur Foster Date: May 29, 2013 Figure 2 Submitted Plan 47 Tudor Avenue Town of Ajax Planning & Development Services 9

10 Subject: A7/13 47 Tudor Avenue William Arthur Foster P a g e 6 Subject Property Elm Street Application File No. A7/13 Applicant: William Authur Foster Date: May 29, 2013 Figure 2 Streetview 47 Tudor Avenue Town of Ajax Planning & Development Services 10

11 TOWN OF AJAX REPORT Report To: Prepared By: Submitted By: Committee of Adjustment Alejandro Cifuentes Development Planner Geoff Romanowski, MCIP, RPP, CPT Development Approvals Coordinator Subject: Minor Variance Application A8/13 Battlefield Equipment Rentals 400 Clements Road West Ward: 3 Date of Meeting: May 29, 2013 Recommendation: That the Committee of Adjustment approve Minor Variance Application A8/13, submitted by Jitender Singh on behalf of Battlefield Equipment Rentals, to enlarge the legal nonconforming use of a Machinery and Equipment Sales and Rental Establishment, to permit a 743 m 2 building addition, subject to the following conditions: 1. That the Owner obtain approval of Site Plan Amendment Application SPA3/13, or this decision shall become null and void; and 2. That the Owner obtain a building permit for the proposed building addition, or this decision shall become null and void. Background & Proposal: Prior to the passage of Zoning By-law on July 14, 2003, the subject property was zoned General Industrial (M2) within Zoning By-law 35-77, which permitted a Machinery and Equipment Establishment for sales, service, and rental. Presently, the subject property is used as a Machinery and Equipment Sales and Rental Establishment. This use has been in existence on the subject property since 2000 and has continued to operate without interruption, thereby maintaining a legal non-conforming status. Therefore, the request put forward by the applicant, is to enlarge the legal non-conforming use of a Machinery and Equipment Sales and Rental Establishment, to permit a 743 m 2 building addition. 11

12 Subject: A8/ Clements Road West Battlefield Equipment Rentals P a g e 2 Subject Property & Surrounding Land Uses: The subject property is located at the northwest corner of Clements Road West and Fuller Road. To the north and west of the subject property are industrial condominium buildings which consist of service and repair facilities and office uses. To the east of the subject property, across Fuller Road, at the northeast of Clements Road West and Fuller Road, is Lennox Drum Limited. To the south of the subject property, across Clements Road West, is Plastiglas Limited, J&F Waste Systems, and a Re/MAX real estate office at the southeast corner of Westney Road South and Clements Road West (See Figure 1 Subject Lands). Town of Ajax Official Plan & Zoning By-law : The subject property is designated as Prestige Employment within the Town of Ajax Official Plan. The subject property is zoned Prestige Employment (PE) Zone by Zoning By-law , as amended. This zone does not permit a Machinery and Equipment Sales and Rental Establishment. However, the existing use on the subject property has been deemed to be legal non-conforming. Requested Minor Variance: Request to Enlarge a Legal Non-conforming Use: The existing and continuous use of a Machinery and Equipment Sales and Rental Establishment on the subject property is deemed to be a legal non-conforming use. In 2003, the zoning by-law was amended, changing the zoning on the subject property from a General Industrial Zone (M2) to a Prestige Employment Zone (PE). This amendment created the legal non-conforming situation. Section 45(2)(a)(i) of the Planning Act enables the Committee of Adjustment to extend or enlarge a building or structure, if the use that was made of the building or structure on the day the by-law was passed continued until the date of the application to the committee. But no permission may be given to enlarge or extend the building or structure beyond the limits of the land owned and used in connection therewith on the day the by-law was passed. It is staff s opinion that the proposal to enlarge the legal non-conforming use of a Machinery and Equipment Sales and Rental Establishment is appropriate, as the use was a permitted use within the previous zoning by-law (By-law 35-77) and has continued to operate without interruption from the subject property up until the time of an application to the committee. Furthermore, the proposed building addition would significantly reduce outdoor storage on the property and establish a high-quality building addition that will bring the subject property in line with the intent of the Employment Area Urban Design Guidelines and the Prestige Employment designation. Therefore, it is the opinion of staff that the proposed request to enlarge a legal nonconforming use would be desirable and appropriate development of the subject property. 12

13 Subject: A8/ Clements Road West Battlefield Equipment Rentals P a g e 3 Other Comments: Transportation Services - no comments; Design Services Building Services Operations Fire Services Engineering Services - minor variance should be deferred until Site Plan approval is reviewed; a building permit will be required for the proposed addition; no comments; no comments; no comments Conclusion: Based on the discussion above, staff are of the opinion that Minor Variance Application A8/13, submitted by Jitender Singh on behalf of Battlefield Equipment Rentals, to enlarge the legal non-conforming use of a Machinery and Equipment Sales and Rental Establishment, to permit a 743 m 2 building addition, is appropriate given that that use has continued to operate without interruption from the subject property up until the time of an application to the committee. Alejandro Cifuentes Development Planner Geoff Romanowski, MCIP, RPP, CPT Development Approvals Coordinator 13

14 Subject: A8/ Clements Road West Battlefield Equipment Rentals P a g e 4 Application File No. A8/13 Applicant: Battlefield Equipment Rentals Date: May 29, 2013 Figure 1 Subject Lands 400 Clements Road West Town of Ajax Planning & Development Services 14

15 Subject: A8/ Clements Road West Battlefield Equipment Rentals P a g e 5 To permit the enlargement of a building to accommodate a legal nonconforming use. Application File No. A8/13 Applicant: Battlefield Equipment Rentals Date: May 29, 2013 Figure 2 Submitted Plan 400 Clements Road West Town of Ajax Planning & Development Services 15

16 Subject: A8/ Clements Road West Battlefield Equipment Rentals P a g e 6 Application File No. A8/13 Applicant: Battlefield Equipment Rentals Date: May 29, 2013 Figure 3 Aerial Photo 400 Clements Road West Town of Ajax Planning & Development Services 16

17 TOWN OF AJAX REPORT Report To: Prepared By: Submitted By: Committee of Adjustment Sean McCullough Development Planner Geoff Romanowski, MCIP, RPP, CPT Development Approvals Coordinator Subject: Minor Variance Application A9/13 Brad Forder 211 Ravenscroft Road Ward: 1 Date of Meeting: May 29, 2013 Recommendation: That the Committee of Adjustment approve Minor Variance Application A9/13 submitted by Brad Forder, to permit a maximum driveway width of 5.4 metres, subject to the following conditions: 1. That the Owner shall obtain a building permit for the proposed accessory apartment, or this decision shall become null and void; 2. That the Owner shall obtain a driveway widening permit to increase the driveway width to 5.4 metres solely on the subject property, or this decision shall become null and void; and 3. That the Owner shall only be permitted to provide the widening on the north side of the driveway, or this decision shall become null and void. Background & Proposal This property has recently been purchased by the applicant and it is the desire of the applicant to construct an accessory apartment within the basement of the existing single detached dwelling. In order to establish an accessory apartment within the basement of the dwelling, a minimum driveway width of 5.4 metres is required in order to provide the minimum number of parking spaces as required by Zoning By-law , as amended. Therefore, the owner of the property has submitted a minor variance application requesting relief from the requirements of the Town s Zoning By-law to permit a maximum driveway width 17

18 Subject: A9/ Ravenscroft Road Brad Forder P a g e 2 of 5.4 metres; whereas, the zoning by-law permits a maximum driveway width of 5.0 metres. Subject Property & Surrounding Land Uses: The subject property is located on the west side of Ravenscroft Road, just north of the Delaney Drive. The property has a lot area of 308 m² and is surrounded by single detached dwellings. (See Figure 1 Subject Lands). Town of Ajax Official Plan: The subject property is designated Low Density Residential within the Town of Ajax Official Plan, which provides for such uses as, single detached dwellings, semi-detached dwellings, and linked dwellings up to a maximum density of 30 units per net hectare. The proposed variance maintains the general intent and purpose of the Official Plan. Town of Ajax Zoning By-law : The subject property is zoned Residential Two - A (R2-A) Zone within the Town of Ajax Zoning By-law , as amended. This zone category permits single and semi-detached dwellings and an accessory apartment. The subject property complies with all other applicable zone standards, except the maximum permitted driveway width. Requested Minor Variance: Maximum Driveway Width Variance The intent of the maximum driveway width requirement in the zoning by-law is to regulate the width of the driveway across the frontage of the property to ensure that the driveway is not the dominant feature of the streetscape and to provide an appropriately sized off-street parking space for the parking of a motor vehicle. The property owner is requesting a maximum driveway width of 5.4 metres, 0.4 metres wider than what Zoning By-law , as amended, permits within the R2-A Zone. The 0.4 metre increase has been requested in order to provide an additional legal off-street parking space to accommodate a future accessory apartment within the basement of the existing single detached dwelling. The 0.4 metre increase in driveway width would not dominate the streetscape and would not negatively impact the surrounding neighbourhood character, as similar widenings have taken place within the immediate neighbourhood. Furthermore, the requested driveway width increase would still maintain the general intent of the zoning by-law, would be considered desirable for the appropriate development or use of the land, and would be considered to be a request that is minor in nature. 18

19 Subject: A9/ Ravenscroft Road Brad Forder P a g e 3 Other Comments: Transportation Services - no comments; Design Services Building Services Operations Fire Services Engineering Services - no comments; no comments; no comments; no comments; no comments Conclusion: Based on the discussion above, staff are of the opinion that Minor Variance Application A9/13 submitted by Brad Forder, to permit a maximum driveway width of 5.4 metres, is: 1) minor in nature; 2) desirable for the appropriate development and use of the lands; and 3) in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Sean McCullough Development Planner Geoff Romanowski, MCIP, RPP, CPT Development Approvals Coordinator 19

20 Subject: A9/ Ravenscroft Road Brad Forder P a g e 4 Application File No. A9/13 Applicant: Brad Forder Date: May 29, 2013 Figure 1 Subject Property 211 Ravenscroft Road Town of Ajax Planning & Development Services 20

21 Subject: A9/ Ravenscroft Road Brad Forder P a g e 5 To permit a maximum driveway width of 5.4 metres. Application File No. A9/13 Applicant: Brad Forder Date: May 29, 2013 Figure 2 Submitted Plan 211 Ravenscroft Road Town of Ajax Planning & Development Services 21

22 Subject: A9/ Ravenscroft Road Brad Forder P a g e 6 Subject Property Application File No. A9/13 Applicant: Brad Forder Date: May 29, 2013 Figure 3 Streetview 211 Ravenscroft Road Town of Ajax Planning & Development Services 22