COMMITTEE OF ADJUSTMENT

Transcription

1 Minutes of a Meeting of the Committee of Adjustment for the City of Peterborough held Tuesday, May 7, 2013 at 7:00 p.m., in the Sutherland Room, City Hall. PRESENT: Mr. Paul Dorris, Chair Mr. Claude Dufresne Mr. Alan Porteous Ms. Brenda Campbell Mr. John Duncan ALSO PRESENT: Mr. Richard Straka, Planner, Policy and Research Ms. Lisa Killingbeck, Secretary-Treasurer Notwithstanding the Agenda for this meeting, the Committee decided to hear the applications in the following order: 1. FILE NO.: A17/13 ADDRESS: 97 ROBINSON STREET APPLICANTS: ANNA ROGALLA VON BIEBERSTEIN & DANIELLE MARKSON This matter relates to a minor variance application submitted by Anna Rogalla von Bieberstein and Danielle Markson, 97 Robinson Street, Peterborough, ON K9H 1E9, the owners of the subject property, which is the subject of the application. Anna Rogalla von Bieberstein attended the meeting and addressed the Committee as follows: They would like to build an extension to the west side of the house. They would like to stay in their home but need to expand to accommodate their growing family. Their neighbor who would be directly affected by the addition is agreeable with their plans and is willing to provide a letter of support if needed. 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. 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 appropriate 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.

2 Meeting Date: May 7, 2013 Page 2 Therefore a variance is granted to reduce the setback from the street line to 3.3 metres for the 3.65 metre, two storey addition to the west side of the dwelling which would be 4 metres from the west side lot line, provided that the carport to be reconstructed is no less than 0.9 metres from the west side lot line, no longer than 8.5 metres in relation to the west lot line, and have eavestroughing with a down pipe to manage water on the subject property so as not to affect the neighbouring property. 2. FILE NO.: A11/13 ADDRESS: 266, 270, 272 CHARLOTTE STREET & 343 BETHUNE STREET APPLICANT: SEVEN HILLS DEVELOPMENTS INC. This matter relates to a minor variance application submitted by Seven Hills Developments Inc., 670 Harper Road, Peterborough, ON K9J 6X6, the owner of the subject property, which is the subject of the application. Royden Moran, Project Manager, of Seven Hills Developments Inc. attended the meeting and addressed the Committee as follows: Seven Hills Developments Inc. is actively developing the block bordered by Stewart, Bethune, Charlotte and Simcoe Streets. They presented a master plan for the block of land that will eventually involve development of the Albert Steel property and City owned property at the corner of Simcoe and Bethune Streets. They plan to develop the property in two phases. They current have a site plan application being considered for property including the UPS Store and Cavanagh s sites together with the large lot behind them. The lot behind the Collins Barrow building had been three lots. Three physicians offices moved into the third floor of the Collins Barrow building last year. The owner is currently in negotiations with several physicians for the new building. The owner believes it is good planning to have residential zoning on the property and they don t wish to rezone the existing R5 zoning at this time as they may use that portion of the property for residential purposes in the future. Accordingly, they are making application for a minor variance to allow them to expand the parking lot for tenants of the commercial property. The development of their master plan may involve revisiting the zoning of the subject property in the future. 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, the applicant advised as follows: They contract out snow removal for the existing parking lot. The snow storage area is the north-east corner of the lot and there have been no complaints from neighbours. If too much snow accumulates they have it removed from the property. They have no plans to charge for parking on the premises, which is an attractive incentive to prospective tenants.

3 Meeting Date: May 7, 2013 Page 3 DECISION The Committee reviewed the application, considered the use and development of adjacent properties and determined that the variance would facilitate the inclusion of the part of the property, which is the subject of this application, as a part of the site plan for appropriate development of the lands that will be improved for use as parking in conjunction with the rest of the property to the south. 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 to Sections 2.0 and 11.1 of the Zoning By-law is granted to allow motor vehicle parking as the primary use of a portion of the property formerly known as 246 Stewart Street, which is zoned residential, in conjunction with the development of the balance of the property to the south PROVIDED THAT the site plan agreement regarding the property at 266, 270, 272 Charlotte Street and 343 Bethune Street is amended to include the portion of the subject property to which this application pertains 3. FILE NO.: A16/13 ADDRESS: 769 BORDEN AVENUE APPLICANT: ZELINKA PRIAMO LTD. This matter relates to a minor variance application submitted by Zelinka Priamo Ltd., 318 Wellington Road, London, ON N6C 4P4, as applicant on behalf of Ontario Inc. c/o Cadillac Fairview Corp., 20 Queen Street West, 5 th Floor, Toronto, ON M5H 3R4, noted as owner of the subject property, which is the subject of the application. Steven Zakem, Solicitor, of Aird & Berlis LLP, Barristers and Solicitors, 181 Bay Street, Suite 1800, Toronto, ON M5J 2T9, Heather Garrett, Planner, of Zelinka Priamo Ltd., 318 Wellington Road, London, ON N6C 4P4, and Kenneth Chan, Senior Transportation Engineer Associate, of LEA Consulting Ltd., Consulting Engineers and Planners, 625 Cochrane Drive, 9 th Floor, Markham, ON L3R 9R9 attended the meeting. Mr. Zakem addressed the Committee as follows: His client, Loblaw, is one of the anchor tenants of the Lansdowne Place shopping mall. They are requesting a variance to allow a temporary tent in the parking lot for 90 days for a garden centre and a variance to reduce the number of available parking spaces to Loblaw has operated a garden centre at the site for a number of years. The most recent variance was in 2009 to allow the garden centre to operate from April to the end of July each year and Loblaw has been operating under that variance until this present application. This variance application was precipitated by the addition of The Keg restaurant. The Keg applied for a building setback variance in relation to Borden Avenue. The impact on the inventory of parking relied upon by the seasonal garden centre was not considered by the establishment of The Keg on the property. Unfortunately there was a miscommunication between the landlord and Loblaw and Loblaw wasn t aware of the variance regarding The Keg restaurant.

4 Meeting Date: May 7, 2013 Page 4 When Loblaw applied for a permit they were advised of the parking shortage and immediately filed a minor variance application. They are requesting to operate until July 15 and to reduce the number of parking spaces to a minimum of The deficiency of 78 parking spaces is only for the duration of the seasonal garden centre operation. He notes the Staff Report doesn t have any issues with the supply of parking but raises concern about functionality, which is ultimately to the detriment of Loblaw. He doesn t agree with the concerns regarding functionality. Mr. Zakem then distributed a diagram of the property to the Members and Staff. He indicated the entrance to the food store thereon and that it is as far as it can possibly be from the garden centre in order to achieve functionality. Loblaw is satisfied that functionality won t be compromised by a garden centre. With respect to the issue of overlap of parking, the diagram shows there would be very little, if any, overlap from The Keg and Loblaw Superstore. He feels the variance meets the four tests. The garden centre has operated for a number of years and the only difference is that The Keg is now there, which creates a temporary parking deficiency for the four months the garden centre operates. When they inquired of the landlord they were provided with an incorrect site plan showing parking on the Habitat For Humanity site. There is no parking on that site yet. It is their intention to put parking there in the future to solve the parking issue. Being open this coming weekend is critical for the garden centre as it is the busiest weekend of the year. With the cooperation of the City s Legal Department there are separate court proceedings regarding the building permit and stop work order, which give the Committee of Adjustment the opportunity to make a decision this evening to allow the variance being requested and allowing the garden centre to be open this weekend. It is of no fault of the City that this matter has arisen. There has been miscommunication between the landlord and Loblaw, which should not have happened. 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. Mr. Straka confirmed he received a further letter today from Otonabee Conservation confirming it has issued a permit to Loblaw. 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: With respect to conflict regarding occupied parking spaces in proximity to the front door of the food store, he attempted on Exhibit D (page 2 of 2) of the Staff Report to show the location of the front door and a circle around the majority of same from such door. If the parking area for the garden centre wasn t fenced off many of the spaces would be occupied. The garden centre takes away parking spaces in proximity to the food store entrance. The last site plan approved for the property was in connection with The Keg, but it doesn t comply with the by-law due to the shortfall of 78 parking spaces that would be required considering the proposed garden centre. Staff agreed with Mr. Zakem that the location of the garden centre is approved.

5 Meeting Date: May 7, 2013 Page 5 If the variance is approved for one year it would allow the Committee to see how the shortage of parking spaces actually works with The Keg now open. Lansdowne Place owns the property upon which Habitat For Humanity is located but Staff questions whether the building will be demolished and parking established in time for the 2014 garden season. Otonabee Conservation confirmed their permits are usually issued for a minimum duration of two years. If the variance is not approved, there will be three outstanding issues: (i) noncompliance with the Site Plan Agreement; (ii) non-compliance with the Zoning By-law considering the shortfall of parking; and (iii) non-compliance with the Building Code Act having established the temporary structure without a permit. There is a stay filed regarding issue (iii) pending the outcome of the Committee of Adjustment decision. In response to questions from the Committee, Mr. Zakem advised as follows: Loblaw was informed after the fact that the landlord had entered into a Site Plan Agreement with the City, which states that in order to have a structure on the property a minor variance is required. The garden centre was operational during the time period shown on Exhibit D and less than half of the spaces were occupied as you get further from the door, which shows that closer to the door is where the demand is. Loblaw doesn t want the parking to conflict. Exhibit D indicates the parking works as it was hoped. The garden centre location is site plan approved and it does not need to be done every year. However they require a permit for a temporary structure because the garden centre can t be located there for greater than 10 days, therefore they need a variance. Loblaw requests that their staff park away from the main store entrance. He would suggest that the Committee allow the variance for two years to give them the opportunity for Habitat For Humanity to leave in 2014 and a parking lot to be constructed. Mr. Chan addressed the Committee as follows: The parking study didn t distinguish between staff parking and patron parking, however the Loblaw employees are asked not to park in the main area. Ms. Garrett addressed the Committee as follows: The lease with Habitat For Humanity expires in 2014 and the landlord has indicated to Loblaw that it is going to pursue having that property paved to provide approximately 90 more parking spaces. DECISION The Committee reviewed the application, considered the impact of the variance regarding the deficiency of the parking associated with the temporary establishment of a seasonal garden centre to be minor and the use was considered desirable and appropriate. Accordingly, the Committee determined that: 1. the variance is minor; 2. the proposal is desirable for the appropriate development or use of the land;

6 Meeting Date: May 7, 2013 Page 6 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 from Section 6.4 of the Zoning By-law and a variance to reduce the minimum required parking on the Lansdowne Place property to 1873 are granted to allow a Temporary Building on the property as part of a seasonal garden centre operation between April 1 and August 1 for each of the 2013 and 2014 garden seasons. The decision regarding these two variances is null and void beyond August 1, NEXT MEETING: The next meeting of the Committee of Adjustment is scheduled for Tuesday, May 28, ADJOURNMENT: Meeting adjourned at 8:30 p.m. Dated the 10 th day of May, Paul Dorris Chair Lisa Killingbeck Secretary-Treasurer