COMMITTEE OF ADJUSTMENT

Transcription

1 Minutes of a Meeting of the Committee of Adjustment for the City of Peterborough held Tuesday, October 30, 2012, at 7:00 p.m., in the Council Chambers, 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 1. FILE NO.: A32/12 ADDRESS: Stewart Street APPLICANT: Kevin M. Duguay This application was withdrawn by the applicant/owner prior to the hearing. 2. FILE NO.: A33/12 ADDRESS: 278 Park Street North APPLICANT: Robert McGillen This matter relates to a minor variance application submitted by Robert McGillen, Solicitor, 140 King Street, Suite 202, Peterborough, ON K9J 7X6, as applicant on behalf of Jennifer Schell and Joseph Benedetto, 278 Park Street North, Peterborough, ON K9J 3W4, being the owners of the subject property, which is the subject of the application. Mr. McGillen attended the meeting and addressed the Committee as follows: He is representing the owners of the property, who were also in attendance at the meeting. The owners of the property are seeking the following minor variance in order to recognize the location of a 1.98 metre (6.5 ft) x 5.48 metre (18 ft) verandah established across the front of the building on the property: i) reduce the minimum building setback from the centre line of Park Street North from 16 metres (52.4 ft) to 11 metres (36 ft), and ii) reduce the minimum building setback from the north side lot line from 1.2 metres (3.9 ft) to 1.18 metres (3.87 ft). Mr. McGillen has reviewed the Staff Report and is agreeable with it. to the application on behalf of the Building and Planning Divisions of the Planning & The Committee reviewed the application, considered the use and development of the subject property in the context of adjacent properties and determined that the impact of the variance was minor and the structure would be an appropriate aesthetic transition between the front face of the building and the green space in the front yard. The Committee considered the resulting development to be in keeping with the use and the established standard of development of the neighbourhood. Accordingly, the Committee determined that:

2 Meeting Date: October 30, 2012 Page 2 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 variances are granted to reduce the minimum building setback from the centre line of Park Street North to 11 metres, and reduce the minimum building setback from the north side lot line to 1.18 metres to recognize the location of a 1.98 metre x 5.48 metre verandah established across the front of the building on the property, provided that the verandah remain unenclosed and is limited to one storey in height. 3. FILE NO.: A34/12 ADDRESS: 758 Donegal Street APPLICANT: James Boyle (Imagineers Ltd.) This matter relates to a minor variance application submitted by James Boyle of Imagineers Ltd., 315 King Street, Peterborough, ON K9J 2J7, as applicant on behalf of Brian Gooley and Denise Gater, 758 Donegal Street, Peterborough, ON K9H 4N1, being the owners of the subject property, which is the subject of the application. Mr. Boyle attended the meeting and addressed the Committee as follows: He confirmed his clients were in attendance and that they would like to have a more formal entrance to their home. The proposed portico entrance will create a more formal and energy efficient entrance as an air lock. The owners are seeking a minor variance in order to construct an enclosed entrance as an addition to the front of the one storey dwelling. A variance is therefore requested to reduce the minimum building setback from the street line from 6 metres (19.6 ft) to 4.8 metres (16 ft) to permit the 1.8 metre (6 ft) by 2.5 metre (8.4 ft) addition to the front of the dwelling. to the application on behalf of the Building and Planning Divisions of the Planning & In response to questions from the Committee, the applicant advised as follows: The interior of the proposed entranceway would be drywalled, trimmed, have a heated tile floor, and will look like the interior of the home. 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 Meeting Date: October 30, 2012 Page 3 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 is granted to reduce the minimum building setback from the street line to 4.8 metres to permit the 1.8 metre by 2.5 metre enclosed entrance to the front of the dwelling. 4. FILE NO.: A35/12 ADDRESS: 1120 Towerhill Court APPLICANT: Stan Steinsky This matter relates to a minor variance application submitted by Stan Steinsky of S.R. Steinsky Construction Ltd., 324 Meadowview Road, Omemee, ON K0L 2W0, the owner of the subject property, which is the subject of the application. The owner is requesting a variance to reduce the minimum building setback from the westerly, rear lot line from 7.2 metres (23.62 ft) to 1.2 metres (3.94 ft) to allow the appropriate location of a single unit dwelling to be constructed on the property. The purpose of the variance is to allow the dwelling to be closer to a lot line that is defined as a rear lot line but appears and functions practically as a side lot line of the property. to the application on behalf of the Building and Planning Divisions of the Planning & 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. Therefore a variance is granted to reduce the minimum building setback from the westerly, rear lot line to 1.2 metres to allow the appropriate location of a single unit dwelling to be constructed on the property. 5. FILE NO.: A36/12 ADDRESS: 303 Brock Street APPLICANT: Ontario Inc. (Doug Rose) This matter relates to a minor variance application submitted by Doug Rose of Ontario Inc., 39 Conger Street, Peterborough, ON K9H 4Y8, being the owner of the subject property, which is the subject of the application. Mr. Rose attended the meeting and addressed the Committee as follows:

4 Meeting Date: October 30, 2012 Page 4 He was originally seeking the following minor variances in order to facilitate modifications to the building to convert its use to a residential dwelling containing 12 apartment units: i) reduce the minimum required lot area per dwelling unit from 140 sq metres (1506 sq ft) to 108 sq metres (1162 sq ft), ii) reduce the minimum building setback from the centre line of Rubidge Street from 16 metres (52.49 ft) to 11.5 metres (37.73 ft) to permit the extension of balconies 1.5 metres (5 ft) from the building face toward Rubidge Street, iii) reduce the minimum required number of 3.6 m x 6 m (11.81 ft x ft) loading spaces from 1 to 0, and iv) reduce the minimum distance that a parking space or driveway may be located from a window of a habitable room from 6 meters (19.69 ft) to 0 metres (0 ft), v) increase the maximum area of finished floor space in the attic of the established building from 135 sq metres (1457 sq ft) to sq metres ( sq ft) considering the defined limit of the building as a two storey dwelling. He is no longer seeking variance number iii) and v) listed above. to the application on behalf of the Building and Planning Divisions of the Planning & Staff also confirmed that the variance described by Mr. Rose in subparagraph iii) above is no longer required, and the variance listed above as subparagraph v) relating to an increase in the maximum area of finished floor space in the attic is also no longer required. In response to questions from the Committee, Staff advised as follows: With respect to any prior fire escape issues, building permits will be issued and a site plan application has been applied for, therefore the applicant will need to meet all fire code regulations and parking regulations. The laneway which provides access to the property from Brock Street is not a public laneway and the City has no responsibility for it. It is owned by abutting landowners and adjacent properties, including the subject property, have a right of way over the laneway. In response to questions from the Committee, the applicant advised as follows: The 2½ storey building shown on the sketch includes the attic, being the ½ storey. The attic is currently unfinished and in rough shape. He is not increasing the floor area of the finished attic space as a third storey, only refinishing it as it currently exists. The parking area associated with the property will be snowplowed in the winter and the cost will be included in the tenants leases. With respect to a prior fire escape issue, he has spoken with a City building inspector and the fire escape referenced by the Committee has been rebuilt. The work that is currently taking place at the property is in accordance with demolition and plumbing permits that have been issued to date.

5 Meeting Date: October 30, 2012 Page 5 The Committee reviewed the application, considered the location of the building in the context of the Central Area of the City, the anticipated density by the Official Plan and the use and development of adjacent properties. The Committee considered the impact of the variances to be minor resulting in development that would be in keeping with the appropriate use of land and 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. Therefore the following variances are granted to facilitate modifications to the building to convert its use to a residential dwelling containing 12 apartment units: i) reduce the minimum required lot area per dwelling unit to 108 sq metres, ii) reduce the minimum building setback from the centre line of Rubidge Street to 11.5 metres to permit the extension only of unenclosed balconies from the building face toward Rubidge Street, and iii) reduce the minimum distance that a parking space or driveway may be located from a window of a habitable room to 0 metres provided that the owner install and maintain a mechanical heating, cooling and ventilation system for the units in the building. 6. FILE NO.: A37/12 ADDRESS: 186 Hillview Drive APPLICANT: Dave Barrett This matter relates to a minor variance application submitted by Dave Barrett of Ultimate Home Improvements Plus, 3292 Lakefield Road, R.R. #3, Lakefield, ON K0L 2H0, as applicant on behalf of Rob and Kim Irwin, 186 Hillview Drive, Peterborough, ON K9K 2N2, being the owners of the subject property, which is the subject of the application. Mr. Barrett attended the meeting and addressed the Committee as follows: The owner would like to construct a 6.4 m (21 ft) by 6.4 metre (21 ft) deck that would be no more than 1.5 metres high at its south end. The proposed deck would be located at the south west corner of the dwelling no closer than 6.4 metres (21 ft) from the rear lot line. A variance is therefore requested to the bylaw to reduce the setback from the south side lot line from 24 metres (79 ft) to 21.9 metres (72 ft) and reduce the minimum building setback from 10.5 metres (34.6 ft) to 6.4 metres (21 ft) in relation to the rear lot line. to the application on behalf of the Building and Planning Divisions of the Planning & In response to questions from the Committee, the applicant advised as follows:

6 Meeting Date: October 30, 2012 Page 6 One of the owners of the property, Rob Irwin, who was in attendance, advised Mr. Barrett that the septic tank is actually located further to the east than where it is currently shown on the sketch of the property. It is approximately 10 feet south of the small deck located on the south side of the home. He is agreeable with the proposed condition that he obtain permission from the Peterborough County-City Health Unit considering the proposed location of the deck in relation to the septic tank. 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 development that would be an appropriate use of land and 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. Therefore a variance is granted to reduce the setback from the south side lot line to 21.9 metres and reduce the minimum building setback from the rear lot line to 6.4 metres to allow a platform deck no greater than 6.4 metres by 6.4 metres CONDITIONAL UPON the owner providing evidence of approval from the Peterborough County-City Health Unit regarding the location of the proposed deck in relation to the septic tank on the property, prior to issuance of a building permit. 7. FILE NO.: B13/12 ADDRESS: 384 Rogers Street APPLICANT: TVM Developments Inc. (Amit Sofer) This matter relates to a severance application submitted by Amit Sofer of TVM Developments Inc., Eglinton Avenue West, Toronto, ON M5N 1E3, being the owner of the property, which is the subject of this application. Mr. Sofer attended the meeting and addressed the Committee as follows: He confirmed he is the owner of TVM Developments Inc., which is redeveloping 384 Rogers Street. City Staff required the applicant to produce a master site plan of the property for zoning purposes. Zoning has been granted for mixed residential/commercial. It is not the applicant s intention to remove any of the existing buildings on the property except for a small portion of a building along Armour Road to allow for access to the site. The applicant has submitted a site plan application to the City last week. The City required that each building have its own site plan, which fits in with the master site plan of the entire property. The applicant would like to redevelop the property in stages. Consent is therefore requested to separate the property into six parts including cross

7 Meeting Date: October 30, 2012 Page 7 easements to accommodate services, utilities and access over each part in order to facilitate financing of each portion of the property to be redeveloped. Each building will be independent of the others subject to the cross easements and right of ways if the severance is granted. to the application on behalf of the Building and Planning Division of the Planning & In response to questions from the Committee, the applicant advised as follows: His target market for tenants will be persons in retirement, which are typically elderly people with mobility issues. With respect to renting, he will be working with Community Care, which services the elderly living on their own. The property will not be a nursing home. Provided the application herein and the site plan application proceed as scheduled, the intent is to start construction on the former nurses residence by the end of this year, with occupation by June Development will then proceed to the next buildings and all construction will be completed in stages. It is hoped that construction on the entire property will be completed within two to three years. Referring to the draft, proposed, Registered Plans attached to the Staff Report, Plan 45R 1 Roadways, Plan 45R 2 Utilities and Plan 45R 3 Lots, the Committee agreed to grant Consents to separate the property into six parcels, including the right of ways described, as follows: PARCEL 1 Part of Lots 2, 3, 4, 5 and 6 West of Armour Road, Registered Plan No. 1A, Part of Lots 41, 42 and 43 Registered Plan No. 1A, Part of Lot 4 and Part of Lane (Closed by R327002), Registered Plan No. 129 being Part 1 on Registered Plan 45R 3, City of Peterborough. Subject to a Right of Way over Parts 4, 6, 7 and 9 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Part 4 on Registered Plan 45R 3. Subject to a Right of Way over Part 6 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Part 2 on Registered Plan 45R 3. Subject to a Right of Way over Part 4 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Parts 5 and 6 on Registered Plan 45R 3, Together with a Right of Way over Parts 2, 3, 8, 10, 12, 13 and 15 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles, and Subject to a Right of Way over Parts 1, 2 and 7 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services in favour of Parts 4 and 5 on Registered Plan 45R 3. Subject to a Right of Way over Part 7 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services in favour of Part 6 on Registered Plan 45R 3.

8 Meeting Date: October 30, 2012 Page 8 Subject to a Right of Way over Parts 1 and 2 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services in favour of Part 2 on Registered Plan 45R 3. PARCEL 2 Part of Lot 2, South of Hunter Street, West of Armour Road, Registered Plan No. 1A, Lot 6 and Part of Lots 4, 5 and Part of Lane (Closed by R327002), Registered Plan No. 129 being Part 2 on Registered Plan 45R 3, City of Peterborough Subject to a Right of Way over Parts 8 and 12 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Part 1 on Registered Plan 45R 3. Subject to a Right of Way over Part 12 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Part 4 on Registered Plan 45R 3. Together with a Right of Way over Part 6 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles. Subject to a Right of Way over Part 3 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services in favour of Parts 3 and 4 on Registered Plan 45R 3. Together with a Right of Way over Parts 1 and 2 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services. PARCEL 3 Part of Lot 1, South of Hunter Street, West of Armour Road, Registered Plan No. 1A, Part of Lot 2, West of Armour Road, Registered Plan No. 1A being Part 3 on Registered Plan 45R 3, City of Peterborough Together with a Right of Way over Parts 11 and 14 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles. Together with a Right of Way over Part 3 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services. Subject to a Right of Way over Part 4 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services in favour of Part 4 on Registered Plan 45R 3. PARCEL 4 Part of Lots 1 and 2, South of Hunter Street, West of Armour Road, Registered Plan No. 1A, Part of Lots 2, 3, and 4 West of Armour Road, Registered Plan No. 1A, Part of Lots 42 and 43, Registered Plan No. 1A being Part 4 on Registered Plan 45R 3, City of Peterborough Subject to a Right of Way over Parts 10 and 13 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Part 1 on Registered Plan 3. Subject to a Right of Way over Part 11 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Part 3 on Registered Plan 3. Together with a Right of Way over Parts 2, 3, 4, 6, 7, 9, 12 and 15 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles. Subject to a Right of Way over Part 5 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services in favour of Part 5 on Registered Plan 45R 3.

9 Meeting Date: October 30, 2012 Page 9 Together with a Right of Way over Parts 1, 2, 3, 4, 6 and 7 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services. PARCEL 5 Part of Lots 3, 4, 5 and 6 West of Armour Road, Registered Plan No. 1A, being Part 5 on Registered Plan 3, City of Peterborough Subject to a Right of Way over Part 2 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Parts 1, 4 and 6 on Registered Plan 45R 3. Subject to a Right of Way over Part 14 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Part 3 on Registered Plan 45R 3. Together with a Right of Way over Parts 3, 4 and 15 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles. Subject to a Right of Way over Part 6 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services in favour of Parts 4 and 6 on Registered Plan 45R 3. Together with a Right of Way over Parts 1, 2, 5 and 7 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services. PARCEL 6 Part of Lots 5 and 6 West of Armour Road, Registered Plan No. 1A, being Part 6 on Registered Plan 45R 3, City of Peterborough Subject to a Right of Way over Parts 3 and 15 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles in favour of Parts 1, 4 and 5 on Registered Plan 45R 3. Together with a Right of Way over Parts 2 and 4 Registered Plan 45R 1 for ingress and egress of pedestrians and motor vehicles. Together with a Right of Way over Parts 6 and 7 Registered Plan 45R 2 for underground and aboveground utilities, sanitary and storm sewers, water mains and underground services. All such Consents are CONDITIONAL UPON the owner conveying, free of encumbrances and at no cost to the City, a three (3) metre wide road allowance along Armour Road in relation to the entire property and a daylight triangle of twelve (12) metres at the intersection of Armour Road and Hunter Street East for purposes of widening the road allowance. NEXT MEETING: The next meeting of the Committee of Adjustment is scheduled for Tuesday, December 4, 2012.

10 Meeting Date: October 30, 2012 Page 10 ADJOURNMENT: Meeting adjourned at 8:15 p.m. Dated the 2 nd day of November, Paul Dorris Chair Lisa Killingbeck Secretary-Treasurer