THE CORPORATION OF THE CITY OF TEMISKAMING SHORES COMMITTEE OF ADJUSTMENT MEETING MINUTES Wednesday, November 27, 2013

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1 PRESENT: ALSO PRESENT: REGRETS: PUBLIC: Chair: Carman Kidd Members: Rod Mathews, Florent Heroux, Greg Ford Jennifer Sandham, Secretary-Treasurer Voula Zafiris Robert Van Dine, Applicant A (H) Chris and David Bremner, 607 Latchford Street Raymonde Lacasse, 620 Rorke Avenue Kari Sterling, Applicant A (D) Tyna Silver, Highway OPENING OF MEETING Resolution No Moved By: Florent Heroux Seconded By: Greg Ford Be it resolved that the Committee of Adjustment meeting be opened at 1:30 p.m. 2. ADOPTION OF AGENDA Resolution No Moved By: Greg Ford Seconded By: Florent Heroux Be it resolved that the Committee of Adjustment adopts the agenda as printed. 3. DECLARATION OF PECUNIARY INTEREST None 4. ADOPTION OF MINUTES Resolution No Moved By: Greg Ford Seconded By: Florent Heroux Be it resolved that the Committee of Adjustment for the City of Temiskaming Shores hereby approves the minutes of the September 25, 2013 Committee of Adjustment Meeting. 5. PUBLIC HEARINGS Chairman Carman Kidd advised that this afternoon a Public Hearing is scheduled for two (2) Minor Variance applications. Page 1 of 6

2 The Planning Act requires that a Public Hearing be held before the Committee of Adjustment decides whether to approve such applications. The Public Hearing serves two purposes: first, to present to the Committee and the public the details and background to the proposed applications and, second, to receive comments from the public and agencies before a decision is made. 5.1 Minor Variance Application A (H) Robert and Julia Van Dine The Chair declared the public hearing for Minor Variance Application A (H) to be open. The Chair asked the Planner, Jennifer Sandham, to summarize the proposal, provide any additional information that may be relevant and summarize any correspondence received to date regarding this application. SUBJECT LANDS: 608 Rorke Avenue; Plan M54NB, Lots 80 and 81; Parcels 8998NND and 11527SST; formerly in the Town of Haileybury, now the City of Temiskaming Shores. PURPOSE OF THE APPLICATION: The purpose of the application is to allow for the construction of a 1.2m x 6.2m (4 x 20.3 ) storage area attached to the rear of the existing house on the subject property. The storage area would maintain a 3.35m (11 ) rear yard, where 6m (20 ) is required. The owners have obtained a building permit for the construction of a 2.45m x 6.2m (8 x 20.3 ) storage area attached to the rear of the existing house which maintains the existing 4.57m (15 ) setback of a previous storage area. The storage area proposed in this application is to be attached to that for which the building permit was issued. If this minor variance application is approved, the plans submitted for the building permit will be revised so the storage area extends to the 3.35m (11 ) rear yard. STATUTORY PUBLIC NOTICE: The application was received on October 16, 2013 and was circulated to City staff and agencies. Notice of a complete application and notice of a public hearing was advertised in the Temiskaming Speaker on October 30, Notice was also mailed to property owners within 60m (200 ) of the subject land. Notice was given in accordance with the requirements of the Planning Act. Jennifer Sandham summarized the Planning Report and advised that in her opinion the application meets the four tests for a minor variance as prescribed in the Planning Act and respectfully requested that the Committee approve the application. Raymonde Lacasse, 620 Rorke Avenue, asked if the proposed storage area was to be used as a garage as she is concerned about the use of the back lane if the structure is to be a garage. Jennifer Sandham advised that the public notice did say the structure was to be used as a garage but that was an error. The intent is to use that structure as a storage area. Chris Bremner, 607 Latchford Street, and Raymonde Lacasse noted concerns surrounding the laneway adjacent to the subject property. Karen Beauchamp and Carman Kidd discussed the nature and state of the laneway with Mrs. Bremner and Ms. Lacasse as well as Mr. Van Dine. Rod Mathews noted that while the Committee appreciates the concerns of the surrounding neighbours as they relate to the laneway, these issues are not the responsibility of the Committee of Adjustment and the Committee can only consider concerns as they relate to the variance being requested. Mrs. Bremner and Ms. Lacasse noted that they have no concerns with the proposed addition, just with the state of the laneway. Page 2 of 6

3 The committee considered the following resolution: Resolution No Moved By: Florent Heroux Seconded By: Rod Mathews WHEREAS the Committee of Adjustment for the City of Temiskaming Shores has considered Minor Variance Application A (H) as submitted by Robert and Julia Van Dine for the following lands: 608 Rorke Avenue; Plan M54NB, Lots 80 and 81; Parcels 8998NND and 11527SST; formerly in the Town of Haileybury, now the City of Temiskaming Shores; AND WHEREAS the applicant is seeking relief from the following sections of Zoning By-law 85-27, as amended: 1) Schedule D requires a minimum rear yard of 6m (20 ). The applicant is requesting 3.35m (11 ). AND WHEREAS the Committee of Adjustment for the City of Temiskaming Shores has received the planning report dated November 22, 2013 and has considered the recommendations therein; BE IT RESOLVED THAT the Committee of Adjustment for the City of Temiskaming Shores approves Minor Variance Application A (H). FURTHER BE IT RESOLVED THAT the following variance be granted: That the Committee of Adjustment grant relief from Schedule D of Zoning By-law to allow the minimum rear yard to be 3.35m for the construction of the attached storage area. FOR THE FOLLOWING REASONS: In the opinion of the Committee: 1. The variance maintains the general intent and purpose of the Town of Haileybury Official Plan, as amended; 2. The variance maintains the general intent and purpose of Town of Haileybury Zoning By-law 85-27, as amended; 3. The variance is desirable for the appropriate development or use of the land, building or structure; 4. The variance is minor. The Chair declared the public hearing for Minor Variance Application A (H) to be closed. 5.2 Minor Variance Application A (D) Kari and Rickey Sterling The Chair declared the public hearing for Minor Variance Application A (D) to be open. The Chair asked the Planner, Jennifer Sandham, to summarize the proposal, provide any additional information that may be relevant and summarize any correspondence received to date regarding this application. SUBJECT LANDS: 203 Roland Road; Dymond Concession 4, South Part of Lot 9; RP TER507, Part 13; Parcel 17074SST; formerly in the Township of Dymond, now the City of Temiskaming Shores; Page 3 of 6

4 PURPOSE OF THE APPLICATION: The purpose of the application is to permit the conversion of the existing single family home on the property to a multi-unit residential dwelling with a maximum of three units through the creation of two additional units within the existing structure. The subject property is designated Highway and Service Commercial in the Township of Dymond Official Plan and is Zoned Highway / Service Commercial (C1) in the Township of Dymond Zoning By-law 984. The use of the property for residential purposes is considered legal non-conforming as the building permit for the existing single family home was issued in Section 45 of the Planning Act sets out the legislative powers of the Committee of Adjustment and the prescribed procedure for processing minor variance applications. Subclause 45(2) gives the Committee of Adjustment the legislative authority to make decisions regarding legal nonconforming uses and states that: In addition to its powers under subsection (1), the committee, upon any such application, (a) Where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law, may permit, (i) The enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed, or a use permitted under subclause (ii) 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, or (ii) The use of such land, building or structure for a purpose that, in the opinion of the committee, is similar to the purpose for which it was used on the day the by-law was passed or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the day the by-law was passed, if the use for a purpose prohibited by the by-law or another use for a purpose previously permitted by the committee continued until the date of the application to the committee (b) Where the uses of land, buildings or structures permitted in the by-law are defined in general terms, may permit the use of any land, building or structure for any purpose that, in the opinion of the committee, conforms with the uses permitted in the by-law. The property owners are seeking to intensify the legal non-conforming use by adding two units to the existing single family dwelling on the property. To legally convert the dwelling the owners must obtain a building permit. In order to issue a building permit the Building Department must be satisfied that the request meets all applicable law, including the requirements of the Zoning By-law. As the residential use of the subject property is considered legal non-conforming, applicable law has not been met for the purposes of the Ontario Building Code and Act, and as such the minor variance is triggered to request permission to intensify the legal non-conforming use. No additional construction is proposed as a result of this application. STATUTORY PUBLIC NOTICE: The application was received on November 7, 2013 and was circulated to City staff and agencies. Notice of the complete application and notice of a public hearing was advertised in the Temiskaming Speaker on November 13, Notice was also mailed to property owners within 60m (200 ) of the subject land. Notice was given in accordance with the requirements of the Planning Act. Jennifer Sandham summarized the Planning Report and advised that as the use of the property is legal non-conforming, the traditional minor variance tests do not apply. Two tests are established through Ontario Municipal Board case law, and in her opinion the application meets these tests. She respectfully requested that the Committee approve the application. Page 4 of 6

5 Kari Sterling, applicant, noted that she moved her business earlier in the year from the house on the subject property to join another local business at their location. She and her husband live in the house and provide two apartments for rent which are good quality and affordable. Florent Heroux asked if the property could still be converted to commercial use in the future. Jennifer Sandham advised that the use could be converted to commercial as the Zoning and Official Plan designation are not being changed. Members of the public had no comments. The committee considered the following resolution: Resolution No Moved By: Rod Mathews Seconded By: Greg Ford WHEREAS the Committee of Adjustment for the City of Temiskaming Shores has considered Minor Variance Application A (D) as submitted by Kari and Rickey Sterling for the following lands: 203 Roland Road; Dymond Concession 4, South Part of Lot 9; RP TER507 Part 13; Parcel 17074SST; formerly in the Township of Dymond, now the City of Temiskaming Shores; AND WHEREAS the applicant is seeking permission to intensify the legal non-conforming residential use of the property by converting the existing single family home to a multi-unit residential dwelling with a maximum of three units through the creation of two additional units within the existing structure; AND WHEREAS the Committee of Adjustment for the City of Temiskaming Shores has received the planning report dated November 22, 2013 and has considered the recommendations therein; BE IT RESOLVED THAT the Committee of Adjustment for the City of Temiskaming Shores approves Minor Variance Application A (D). FOR THE FOLLOWING REASONS: In the opinion of the Committee: 1. The proposal is desirable for the appropriate development of the subject property; 2. The impact of the proposal on surrounding uses is not unacceptably adverse. The Chair declared the public hearing for Minor Variance Application A (D) to be closed. 6. NEW BUSINESS None 7. UNFINISHED BUSINESS None 8. APPLICATIONS FOR THE NEXT MEETING: Next meeting: Wednesday, December 18, 2013 Page 5 of 6

6 9. ADJOURNMENT Resolution No Moved By: Florent Heroux Seconded By: Greg Ford Be it resolved that the Committee of Adjustment meeting be closed at 2:03 p.m. Carman Kidd Chair Jennifer Sandham Secretary-Treasurer Page 6 of 6