Committee of Adjustment St. Catharines

Transcription

1 Committee of Adjustment St. Catharines Public Hearing Wednesday, September 27, 2017 Council Chambers, City Hall p.m. MINUTES OF THE HEARING Attendance: David Lucuik, Chair Greg Redden, Vice-Chair Mark Stevens, Member Kerry Leask, Member David Ringler, Member Staff Liaison: Charlotte McEwan, Planner Judy Pihach, Manager, Planning Services Elaine Munro, Secretary-Treasurer Wilrik Banda, Acting Secretary-Treasurer 1. Chair Lucuik, called the Hearing to order at 5:00 p.m. and introduced staffand Committee Members. 2. Amendments/Additions to the Agenda TheAc~rx~Secretary-Treasurer advised thatthere was a request from the Secretary-Treasurer to confirm the minor variances for 15 Canal Street as distributed. 3. Declarations of Interest -None 4. Request for Withdrawal or Adjournment -None 5. Adoption of the Minutes of the Hearing held on August 23, 2017 It was moved by: Member Leask That the minutes of the public hearing held August 23, 2017, copies have been distributed to all members, be accepted. 6. Applications: Item No Rykert Street Minor Variance Applications Owner: Ontario Ltd. & Ontario Inc. Agent: Daniel Romanko /2

2 -2- File No (A-82/17) McEwan, Planner read out the Technical Report. Mr. Romanko was present with Aibelle Babista, intern, and provided a handout highlighting the current parking requirements and had the following to state: The garage space was deemed to be less important that living space. That there is no intent to move the garage and driveway. The applications are considered to be of a technical nature and is comfortable with the staff recommendation. Two parking spaces are provided on site and other means are available to address parking demand. Member Redden asked if the layout was identical to the previous application and questioned why the variance was not addressed at an earlier application. Mr. Romanko stated that this was an oversight on their part. Member Stevens wanted to know if the proposed accessory dwelling unit has a 55 m² footprint. Mr. Romanko responded that it is actually around 45 m². Member Redden asked the planner if 55 m² was not more than the 40% allowed for an interior accessory dwelling unit. Judy Pihach, planner, confirmed this. Brad Giroux, 168 Rykert Street came forward to speak on the matter and outlined the following concerns: Questioned why the recommendation from staff had changed from the July 28, 2017 report with there being any changes to the application. Would on street parking permits be offered to residents of interior accessory dwelling units first. The lot restrictions are due to the owners own design The average on street parking is not represented in the photographs. That his concerns are the same as stated in his letter. Judy Pihach, planner, explained that the original recommendation of July 28, 2017 is correct. The applicant submitted a parking study as additional information, indicating how many spaces are available and when. /3

3 -3- Member Stevens stated that the garage is not recognized as legitimate parking, but is available. Member Redden wanted to know if the interior accessory dwelling units were set up specifically as such, and if it is a marketing ploy that would provide added value. Mr. Romanko confirmed this. Member Leask was wondering about parking requirements. Judy Pihach, planner, provided conte~ regarding previous plans but noted that there is no approved site plan for an apartment building. Previous parking standards required 2 spaces per dwelling unit. This changed in 2013 to one space per dwelling unit. The current property is under site specific zoning and required 2 spaces per dwelling unit. The applicant is requesting that the same standards be applied to be consistent with the rest of the city. Jack Pollock, 143 Westland Street came forward to speak on the matter and was concerned that the overall plan should be considered and not each individual application. Member Leask asked the planner if there is a long term plan for on street parking. Judy Pihach, planner, mentioned that it is difficult to assess what would happen in the future. The overall impact of 6 vehicles on 35 available spaces is not significant. The City does not want to impose parking restrictions. Member Leask suggesting that 8 on street parking spaces may be provided in the garages or driveways. Member Ringler wondered that, if denied, would the applicant redesign the garage, or parking situation would make no difference. He asked why the units were not designed according to the Zoning By-law. Mr. Romanko stated that the units were designed as intended in The new property owner was looking to add accessory dwelling units. It was moved by: Member Redden /4

4 That applications A-82/17 & A-83/17 A-89/17 be approved as outlined in the Notice of Hearing subject to the condition in the Technical Report. The Committee of Adjustment considered all written and oral submissions and agrees that the variance is minor in nature, desirable for the appropriate use of the land and meets the intent and purpose of the City's Official Plan and Zoning By-law. Item No Lakeshore Road West Owner: Elliot Valles & Shehara Valles Agent: Lou Marcantonio File No (A-99/17) McEwan, Planner read out the Technical Report and added in additional comments received from the NPCA. Elliot Valles & Shehara Valles, Owners, and Lou Marcantonio, Agent, were present. Mr. Marcantonio stated that the cottage needs to be replaced. Member Leask noted a 1 storey shed with additional storage due to its height. Mr. Marcantonio stated that a 2 storey structure is not supported by the NPCA. Member Leask then proceeded to question the address. Charlotte Mc.Ewan, planner, stated that the public road on which this property sits, is accessed through a private road. Member Stevens asked if there was a foundation underneath the shed. Mr. Marcantonio confirmed that there is a foundation but its' depth is unknown. No person came forward to speak on the matter. It was moved by: Member Ringler /5

5 -5- That application A-99/17 variances 1 4 & 6 be approved as amended and subject to the conditions outlined in the Technical Report, and variance 5 be denied. The Committee of Adjustment considered all written and oral submissions and agrees that the variances are minor in nature, desirable for the appropriate use of the land and meets the intent and purpose of the City's Official Plan and Zoning By-law. Item No Geneva Street Owner: Norma Benoit-Howes &Laura Jane Benoit Agent: Scott Clarkson File No (A-100/17) McEwan, Planner read out the Technical Report. Laura Jane Benoit, Owner and Scott Clarkson, Agent were present. No person came forward to speak on the matter. It was moved by: Member Stevens That application A-100/17 be approved as amended and subject to the conditions outlined in the Technical Report. The Committee of Adjustment considered all written and oral submissions and agrees that the variance is minor in nature, desirable for the appropriate use of the land and meets the intent and purpose of the City's Official Plan and Zoning By-law. Item No Pelham Road Owner: Christopher Barry &Carole Barry File No (A-101/17) McEwan, Planner read out the Technical Report. /6

6 Christopher Barry and Carole Barry, Owners were present. No person came forward to speak on the matter. It was moved by: Member Leask That application A-101/17 be approved as amended and subject to the conditions outlined in the Technical Report. The Committee of Adjustment considered all written and oral submissions and agrees that the variance is minor in nature, desirable for the appropriate use of the land and meets the intent and purpose of the City's Official Plan and Zoning By-law. Member Redden stated that the legal back yard is really a side yard and that this occurs frequently with corner lots. 7) New business: request for Confirmation of Corrected Minor Variance Application for Minor Variance 15 Canal Street Owner: Paul Langlois Submission No: A-71/16 File No It was moved by Member Redden that the Corrected approved Minor Variance reflects the request of the owner at the time of submission. 8) Date of the next Hearing: October 25, ) Adjournment That the Committee of Adjustment Hearing be adjourned at David Lucuik, Chair Wi Banda, M.PL. cting Secretary-Treasurer