7:00 PM 9:22 PM. The regular meeting of the Planning Advisory Committee was held in the Council Chamber, Lobby Level.

Transcription

1 PLANNING ADVISORY COMMITTEE OF THE CITY OF SAINT JOHN TUESDAY, DECEMBER 14, :00 PM 9:22 PM The regular meeting of the Planning Advisory Committee was held in the Council Chamber, Lobby Level. PRESENT Terry Cornfield Erik Kraglund Eric Falkjar Donald Gillis Colin Murray Gerry Lowe Michael Whelton Sid Lodhi Morgan Lanigan Mark Reade Patrick Foran Lynda Lockhart Chairman Senior Planner Planning Officer Recording Secretary Item 1: Minutes The minutes of the November 16, 2010 meeting were adopted as circulated. EK/ML

2 Planning Advisory Committee Minutes Page: 2 The Committee resolved to move Item 2 to the end of the agenda to allow the applicant the opportunity to attend the meeting. Item 3: CM/ML Residential Contractors Limited (on behalf of Jamie Dobbelsteyn) Mount Pleaseant Avenue East To construct a Seniors Special Care Facility (Level 2) for 18 residents Rezoning and Variances to: a) Reduce the required side yard width from 7.5 metres to approximately 3.6 metres; b) Increase the lot occupancy from 20% to approximately 31%; c) Reduce the required front yard landscaping from the required front yard width of 7.5 metres to approximately 3.6 metres along a portion of the lot bordering Mount Pleasant Avenue East; and d) Permit parking in a portion of the required front yard along Mount Pleasant Avenue East. Two letters opposed and/or expressing concerns were received. Mark Reade advised the application is to rezone from R-2 One and Two Family Residential to IL-1 Neighbourhood Institutional to construct a special care facility, as well as variances. Staff is recommending approval. Bob Landry of Residential Contractors Limited appeared before the Committee on behalf of the applicant and indicated they were in agreement with the recommendation as contained in the staff report and responded to questions/concerns from the Committee and the abovementioned letters with respect to drainage, waste management, parking, and proposed landscaping at the site. Jamie Dobbelstyn, operator of the proposed special care facility, also appeared before the Committee in support of the application. No one appeared before the Committee opposed to the application.

3 Planning Advisory Committee Minutes Page: 3 Following consideration of the report, the presentations and discussions the Committee resolved to adopt the recommendation based on the reasons as outlined in the staff report. It was MOVED and SECONDED 1. That Common Council rezone a parcel of land having an area of approximately 1950 square metres, located at Mount Pleasant Avenue East, also identified as being PID Nos , , , and , from R-2 One and Two Family Residential to IL-1 Neighbourhood Institutional. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land having an area of approximately 1950 square metres, located at Mount Pleasant Avenue East, also identified as being PID Nos , , , and be subject to the following conditions: (a) That the developer provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled; (b) That the developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast-in-place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; (c) That development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, and the Chief City Engineer or his designate, illustrating the location of all buildings, structures, parking areas, driveways, landscaping and other site features; (d) That the developer agrees to negotiate in good faith for the acquisition of the parcel of land required to correct the existing encroachment of City infrastructure onto the site; and (e) That the approved site plan be attached to any building permit application for the development and that the site

4 Planning Advisory Committee Minutes Page: 4 improvements shown on the approved site plan be completed to the satisfaction of the Development Officer within one (1) year from the issuance of a building permit for the particular building. 3. That the Planning Advisory Committee grant the following variances to: (a) reduce the required side yard width from 7.5 metres to approximately 3.6 metres; (b) increase the lot occupancy from 20% to approximately 31%; (c) reduce the required front yard landscaping from the required front yard width of 7.5 metres to approximately 3.6 metres along a portion of the lot bordering Mt. Pleasant Avenue East; and (d) permit parking in a portion of the required front yard along Mount Pleasant Avenue East. CM/EF Item 4: Anita Vivien Jenner 6 Highwood Drive To establish a granny suite in an existing singlefamily dwelling Rezoning Mark Reade advised the application is rezone the subject site from R- 1A One Family Residential to R-2 One and Two Family Residential to permit a granny suite as well as parking variance. Staff is recommending approval. Anita Jenner appeared before the Committee and indicated she was in agreement with the recommendations as contained in the staff report. No one appeared before the Committee opposed to the application. After considering the report, the presentations and discussions the Committee resolved to adopt the recommendation based on the reasons as outlined in the staff report.

5 Planning Advisory Committee Minutes Page: 5 It was MOVED and SECONDED 1. That Common Council rezone a parcel of land with an area of approximately 1000 square metres, located at 6 Highwood Drive, also identified as being PID Number , from R-1A One Family Residential to R-2 One and Two Family Residential. 2. That the Planning Advisory Committee grant a variance to reduce the minimum number of required off-street parking spaces to two, whereas the Zoning By-law requires a minimum of three. ML/DG Item 5: John Henderson Millidge Avenue To recognize an existing three-unit dwelling as a permitted use Rezoning One letter indicating they had no objections to the application and one letter expressing concerns with parking were received. Mark Reade advised the application is to rezone the subject site from R-2 One and Two Family Residential to R-4 Four Family Residential to recognize an existing 3-unit dwelling as a permitted use. Staff is recommending approval subject to conditions. John Henderson, the applicant, appeared before the Committee and indicated he was generally in agreement with the recommendations as contained in the staff report; however, he did express a concern regarding the associated cost of landscaping the front yard and extending the existing driveway to accommodate the required number of parking spaces and preparation of the required site plan. He further commented that he had contacted the previous property owner who had indicated he had purchased the property in 1973 and that it was being used as a 3-unit building at that time. Erik Kraglund, Colin Murray, Michael Whelton and Morgan Lanigan expressed concern with the safety of the location of the parking on the subject site.

6 Planning Advisory Committee Minutes Page: 6 Mr. Henderson responded while his client had expressed concern with the unknown associated costs of landscaping, he does fully intend to comply with all the requirements. No one else appeared before the Committee to speak in favour or against the application. After considering the report, the presentations, the recommendations as outlined in the staff report, the Committee determined to amend the staff recommendation by granting the applicant 18 months to finish the work presented to staff on the landscaping and parking plan for the subject property as follows: It was MOVED and SECONDED 1. That Common Council rezone a parcel of land with an area of approximately 730 square metres, located at Millidge Avenue, also identified as being PID Number from R- 2 One and Two Family Residential to R-4 Four Family Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of a parcel of land with an area of approximately 730 square metres, located at Millidge Avenue, also identified as being PID Number , be subject to the following conditions: That a detailed landscaping and off-street parking plan for the subject site be prepared by the applicant subject to the approval of the Development Officer; That the work shown on the landscaping and off-street parking plan be completed within 18 months of the rezoning of the subject site; and That the use of the property be limited to a maximum of three dwelling units. 3. That third reading not be given to the proposed rezoning until the Building Inspector confirms that all Building Code issues can be satisfied. DG/SL NAY ML, EK, & CM

7 Planning Advisory Committee Minutes Page: 7 Item 6: Michelle Watson 70 Summit Drive To construct a two-family dwelling Variance to decrease the minimum required lot area for a two-family dwelling from 930 square metres to 563 square metres. Patrick Foran advised the applicant purchased the property recently and is looking at locating a two-family dwelling on the property which is in a RS-2 One and Two Family Suburban Residential zone. He noted the subject site is an infill development where traditionally some flexibility is exercised, and although the requested variance is numerically significant, there are several factors that suggest that the proposal is not inappropriate and could blend in with the existing neighbourhood fabric with some modifications. Staff is recommending approval. Two letters and/or s were received expressing concerns. Michelle Watson appeared before the Committee and indicated she was in agreement with the recommendations as contained in the staff report. In response to above mentioned letters, she indicated it was her intent to keep the existing trees which will provide a buffer and was also agreeable to installing patio stones instead of rear decks to avoid any possible encroachments. Erik Kraglund commented he had visited the subject site and agreed the existing trees would provide a buffer in addition to providing privacy for the proposed decks. No one appeared before the Committee opposed to the application. After considering the report, the presentations and discussions the Committee resolved to adopt the recommendation based on the reasons as outlined in the staff report. It was MOVED and SECONDED that the Planning Advisory Committee grant the requested variance to decrease the minimum required lot area for a two-family dwelling from 930 square metres to 563 square metres on condition that the proposed building and/or footprint be modified so as to remove the necessity of a rear yard variance. EF/EK

8 Planning Advisory Committee Minutes Page: 8 Item 7: M. Lewis Homes Ltd. (Michael Lewis) 51 Saddlebrook Court To allow an existing foundation for a one-family dwelling to remain at its present location Variances that would: a) reduce the minimum front yard requirement of 10 metres to a varying setback of approximately 5.33 metres to 8.91 metres; and b) reduce the minimum rear yard requirement of 15 metres to a varying setback of approximately 1.5 metres to 5.91 metres Mark Reade advised the application is for two variances to permit an existing foundation for a single-family dwelling to remain at its current location. The applicant has applied for variances to reduce the front and rear yard setback requirements. Staff is recommending that the requested variances be denied. Michael Lewis, the applicant appeared before the Committee and indicated he did not agree with the recommendation. He indicated the subject site was challenging not only in its configuration but also its elevation. He indicated they had obtained the specifications as determined by Buildings & Inspections Services and thought they had met these. In his opinion, the error had occurred because of unclear property lines and it was not until the building s location certificate was prepared that they realized the error. Mr. Lewis further commented they are not inexperienced in development although this is their first development in the City of Saint John. He profusely apologized for the error and asked the Committee to consider the request for the variances. Gerry Lowe, Erik Falkjar, Colin Murray, Terry Cornfield, and Don Gillis surmised while the placement of the foundation is very close to the rear line, it is unlikely this portion will ever be developed and could support granting the variances. Morgan Lanigan and Sid Lodhi both felt the applicant had made an honest mistake, however given this site s challenges was all the more reason he should have engaged the services of a professional to configure the placement of the foundation and could not support recommending the variances. No one appeared before the Committee opposed to the application.

9 Planning Advisory Committee Minutes Page: 9 After considering the report, the presentations and discussions the Committee determined that the variances were reasonable given the circumstances and resolved to amend the recommendation as follows: It was MOVED and SECONDED that the Planning Advisory Committee grant the following variances from the requirements of the Zoning By-law at 51 Saddlebrook Court, as generally illustrated on the submitted plan, that would: a) reduce the minimum front yard requirement of 10 metres to a varying setback of approximately 5.33 metres to 8.91 metres; and b) reduce the minimum rear yard requirement of 15 metres to a varying setback of approximately 1.5 metres to 5.91 metres. DG/GL NAY ML/SL (Sid Lodhi stepped down for Item 8 due to potential conflict of interest.) Item 8: Sarah Mallory-Wright Insurance Agency Ltd Loch Lomond Road To enlarge the existing building Variances to: a) reduce the required side yard (along the west property boundary) from 1.67 metres to approximately 1.0 metre; b) reduce the required side yard (along the north property boundary) from 3.0 metres to approximately 2.13 metres; and c) reduce the front yard landscaping along Westmorland Road adjacent to the parking area from 2.0 metres to between 0 metres and 2.0 metres. Mark Reade advised the application is for three variances to permit the expansion of the existing apartment/insurance building on the site. Staff is recommending that all the variances be denied. The applicant did not attend the meeting.

10 Planning Advisory Committee Minutes Page: 10 David Dicks of 10 Westmorland Road appeared before the Committee and expressed concerns with parking shortfall which creates difficulty accessing and exiting his adjacent property. Colin Murray commented in his opinion the application deals more with site intensity as opposed to the number of variances. The site, the road and the neighbourhood are extremely busy and this business has outgrown the site. After considering the report, the presentations and discussions the Committee resolved to adopt the recommendation based on the reasons as outlined in the staff report. It was MOVED and SECONDED that the requested variances be denied. ML/GL (Sid Lodhi returned to the meeting.) Item 2: Sharon Gainforth 142 Harrington Street To rezone the property to allow for a business office Rezoning, Conditional Use and Variances to: a) Permit an access to a parking area within 1.5 metres of a side lot line, and b) Provide parking for the proposed development on a lot other than the lot the development is located on Mark Reade advised the application to rezone the subject site from RM-IF Multiple Residential Infill to B-1 Local Business to permit a business office. There is a variance required with respect to parking as well as a conditional use. Staff is recommending approval subject to conditions. He noted an error in the report which refers to a variance for parking on a site other than the proposed lot which does not apply to the application. One letter in support of the application was received. Sharon Gainforth, the applicant appeared before the Committee on behalf of the applicant and indicated that she was in agreement with the staff recommendation.

11 Planning Advisory Committee Minutes Page: 11 No one appeared before the Committee opposed to the application. Following consideration of the report, the presentations and discussions the Committee resolved to adopt the recommendation based on the reasons as outlined in the staff report. It was MOVED and SECONDED 1. That Common Council rezone a parcel of land having an area of approximately 690 square metres, located at 142 Harrington Street, also identified as PID Number from RM-IF Multiple Residential Infill to B-1 Local Business. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land having an area of approximately 690 square metres, located at 142 Harrington Street, also identified as PID Numbers be subject to the following conditions: (a) (b) (c) (d) That the use of the site be limited to a business office and dwelling units; That the parking area in the rear of the site be developed in accordance with a detailed plan prepared by the developer and subject to the approval of the Development Officer, detailing the layout of the parking area and landscaping and showing a minimum of four parking spaces; That the developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast-in-place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; and That the developer provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled; 3. That the Planning Advisory Committee impose no additional terms and conditions upon the use of the property at 142 Harrington Street (PID Number ) as a business office.

12 Planning Advisory Committee Minutes Page: That the Planning Advisory Committee grant a variance to permit an access to a parking area within 1.5 metres of a side lot line. ML/EK There being no further business, the meeting adjourned at 9:22 P.M. Terry Cornfield Chairman Lynda Lockhart Recording Secretary