The Corporation of the Town of Grimsby Present: K. Antonides, Chairperson N. Andreychuk H. Nobes P. Settimi Staff: J.R. Schonewille, Secretary/Treasurer Committee of Adjustment Meeting Minutes Town Hall Escarpment Room 160 Livingston Avenue June 9, 2015 1. Call to Order The meeting was called to order at 7:00 p.m., Tuesday June 9, 2015 in the Escarpment Room. 2. Disclosure of Interest The Chairperson outlined the procedures of the Committee for all in attendance and asked if any members had a pecuniary interest. No pecuniary interests being declared. 3. Minutes Minutes of Committee of Adjustment meeting of May 5, 2015. Minutes of Committee of Adjustment meeting of May 5, 2015. CA-15-25 Moved by P. Settimi; Seconded by H. Nobes; Resolved that the minutes of the Committee of Adjustment meeting of May 5, 2015 be approved as circulated.
Page 2 of 11 4. Minor Variance A-12/15 Harry & Cynthia Hordyk Lot 23 Plan No. 506 # 16 Bedford Park The Committee then considered A-12/15 by Harry & Cynthia Hordyk, to allow for the construction of a 109 square metre, one storey addition with attached garage with a side yard setback of 0.5 metres in a detached RD2 Zone at # 16 Bedford Park, Grimsby. The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation # 787/80. Correspondence was received from: Town Planning Department No objections. Mr. Harry Hordyk, owner, appeared before the Committee to support the application, and stated that they are proposing a garage and family room addition on the South side of the existing dwelling. The reduced setback is needed to keep the garage size as large as possible to be functional. They are adjacent to a large road allowance, which should minimize any impact on adjacent properties. CA-15-26 Moved by P. Settimi; Seconded by N. Andreychuk; Resolved that application A-12/15 by H. & C. Hordyk be amended to allow for a garage projection of 1.8 metres beyond the South East corner of the existing dwelling.
Page 3 of 11 CA-15-27 Moved by N. Andreychuk; Seconded by P. Settimi; Resolved that Submission A-12/15 as amended by Harry & Cynthia Hordyk, for a Minor Variance of the provisions of By-law 14-45, Residential Detached (RD2-25) Zone Section 7, to allow for the construction of a 109 square metre, one storey addition with attached garage with a side yard setback of 0.5 metres, and a garage projection of 1.8 metres beyond the South East corner of the existing dwelling in a detached RD2 Zone at # 16 Bedford Park, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. A-13/15 Grimsby Casablanca Holdings Ltd. Parts 4-8 Plan 30R-11427 # 417 South Service Road The Committee then considered Submission A-13/15 by Grimsby Casablanca Holdings Ltd., to allow for the construction of a Commercial Plaza with an easterly entrance, with a 0 metre setback from a lot line in a Service Commercial (CS) Zone at # 417 South Service Road, Grimsby. The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation # 787/80. Correspondence was received from: Town Planning Department No objections. Canadian National Railway Company No Objections Regional Municipality of Niagara Objects to approval.
Page 4 of 11 Ms. Ashlee Rivet, and Mr. Ryan Guetter, of Weston Consulting, authorized agents for the owners, appeared before the Committee to support the application, and stated the property is also receiving site plan approval concurrently. The driveway location was selected due to the Regions request to minimize entrances onto the Service Road, and possible co-use by the easterly property. The application meets the required four tests, and does not negatively impact the adjacent properties. Yehuda Gestetner, and Jeff Lebofsky, owners, stated that they have had contact with Chris Burgh, of Metrolinks about a shared entrance. Mr. Ron Allen, Solicitor for Jeans Limited, owner of the westerly property, requested that the applications be adjourned to allow for a negotiated settlement for servicing to take place regarding sanitary and storm sewers on the west side of the subject lands. CA-15-28 Moved by P. Settimi; Seconded by N. Andreychuk; Resolved that Submission A-13/15 by Grimsby Casablanca Holdings Ltd., for a Minor Variance of the provisions of By-Law 14-45, Service Commercial (CS) Zone Section 9.0, to allow for the construction of a Commercial Plaza with an easterly entrance, with a 0 metre setback from a lot line in a Service Commercial (CS) Zone at # 417 South Service Road, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. A-14/15 Peter & Helena Rodrigues Lot 24 and Part of Lot 23 Plan No. 403 # 4 Elmer Street
Page 5 of 11 The Committee then considered Submission A-14/15 by Peter & Helena Rodrigues, to allow for the construction of an easterly one storey garage addition, with a side yard setback of 1.8 metres, a.6 metre projection beyond the front wall, and a one storey westerly addition with a side yard setback of 1.3 metres in a Rural (RU) Zone at # 4 Elmer Street, Grimsby. The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation # 787/80. Correspondence was received from: Town Planning Department No objections. Mrs. Helena Rodrigues, owner, appeared before the Committee to support the application, and stated that their family has outgrown the existing home, and they would like to modify their home to allow them to stay. The plans were prepared based on planning information given to them prior to the Zoning By-law change. The design was based on the 1.3 metre setback for one storey dwellings. Mr. Cornelius Sinke, of Elmer Street has support for the application. CA-15-29 Moved by H. Nobes; Seconded by N. Andreychuk; Resolved that Submission A-14/15 by Peter & Helena Rodrigues, for a Minor Variance of the Provisions of By-law 14-45, Rural (RU) Zone Section 6.0, to allow for the construction of an easterly one storey garage addition, with a side yard setback of 1.8 metres, a.6 metre projection beyond the front wall, and a one storey westerly addition with a side yard setback of 1.3 metres in a Rural (RU) Zone at # 4 Elmer Street, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land.
5. Land Consent B-03/15 Phelps Homes Ltd. Parts 1, 2, 3 & 4 Plan 30R-14525 8 Mary Drive, Units 23 & 24 Page 6 of 11 The Committee then considered Submission B-03/15 by Phelps Homes Ltd., for consent to convey an easement over Parts 1, 2, 3 & 4 for storm sewer purposes in perpetuity over 68.34 square metres of land for proposed units 23 & 24. Two parcels of 437.5 square metres of land will be retained for residential use of the property known as Units 23 & 24 # 8 Mary Drive. Correspondence was received from: Town Planning Department No objections. Mr. Ken Gonyou, of Phelps Homes, appeared before the Committee to support the application, and explained about the re-lotting, and now having to re-locate the storm sewer easement to suit the new lot lines. CA-15-30 Moved by P. Settimi; Seconded by H. Nobes; Resolved that Submission B-03/15 by Phelps Homes Ltd. for consent to convey be granted as per the Notice of Decision. 4. Minor Variance A-15/15 A. Desantis Developments Ltd., Lot 24 of Plan 30M-166 # 128 Olive Street, Grimsby The Committee then considered Submission A-15/15 by A. Desantis Developments Ltd., to allow for the construction of a new two
Page 7 of 11 storey dwelling, with a building depth of 35 metres, and a lot coverage of 17% in a Residential Detached (RD2-15) Zone at # 128 Olive Street, Grimsby. and A-16/15 A. Desantis Developments Ltd. Lot 25 Plan 30M-166 # 126 Olive Street The Committee then considered Submission A-16/15 by A. Desantis Developments Ltd., to allow for the construction of a new two storey dwelling, with a building depth of 32.0 metres, and a front yard setback of 36.62 metres in a Residential Detached (RD2-15) Zone at # 126 Olive Street, Grimsby. and 5. Land Consent B-04/15 A. Desantis Developments Ltd. Part 1 of Lot 24 of Plan 30M-166 128 Olive Street The Committee then considered B-04/15 by A. Desantis Developments Ltd., for consent to convey a right of way over Part 1 for access purposes in perpetuity over 234.6 square metres of land to the benefit of the lands to the East being Lot 25. Part 2 being 2,603 square metres of land will be retained for proposed residential use of the property known as # 128 Olive Street. and
B-05/15 A. Desantis Developments Ltd. Part 3 of Lot 25 of Plan 30M-166 126 Olive Street Page 8 of 11 The Committee then considered B-05/15 by A. Desantis Developments Ltd., for consent to convey a right of way over Part 3 for access purposes in perpetuity over 234.3 square metres of land to the benefit of the lands to the West being Lot 24. Part 4 being 2,922 square metres of land will be retained for proposed residential use of the property knows as # 126 Olive Street. The Secretary filed an Affidavit with respect to the foregoing application pursuant to Section 7, Ontario Regulation # 787/80. Correspondence was received from: Town Planning Department No objection. Niagara Peninsula Conservation Authority No objections - requested conditions. Douglas and Jeanette Fernick Objects to proposal. Mr. Steve Fraser, of A.J. Clark, authorized agents for the owners, appeared before the Committee to support the applications, and stated that the four applications can be considered together as a group, and separately for the lots. The two consent applications to create a 5.0 metre easement is now a standard request for new development on the lake by the Niagara Peninsula Conservation Authority, for maintenance and upkeep of the shoreline protection works. The variance request for Lot 24 (128 Olive Street) is to allow 2% over the permitted lot coverage, and an enlarged building envelope similar that of adjacent homes. The request for Lot 25 (126 Olive Street) is to allow a larger envelope similar to Lot 24 and adjacent homes. The other request to allow a reduced front yard setback is now due to a revised average setback between adjacent homes. As the result of no home on the west lot, they are now required to meet the front yard setback of the
Page 9 of 11 easterly home, which is setback excessively from the street by the owner s choice on the deepest lot on the street. Their proposal to situate the homes as proposed is to accommodate the grading of a walkout on Lot 24. Mr. Greg Poole, authorized agent for Doug and Jeanette Fernick, outlined his client s objections stating that they do not consider the front yard reduction as minor, as it will impact the view for his client, as they will view the entire side of the proposed two storey home from their front door. The Official Plan states that new development in stable neighbourhoods should be compatible and maintain the character and streetscape. The proposal for 126 Olive Street does not fit in with the neighbourhood because of its proposed location. They would ask for the application to be deferred to allow for the two parties to resolve their differences on this proposal. Mr. Dan Neilson of Olive Street stated his objection to approval as the amount of the requested reduction did not appear as minor. Mr. Anthony Desantis, replied that only the dwelling is two storey, and not the garage. The lots were sold and designed in December 2013, and when they came for approvals, they were advised of the new zoning standards. They are proposing to have a home with a reasonable size backyard to take advantage of the lake front property, and do not want to use a vehicle to take his garbage to the curb. Mr. Joe Bruno, of Olive Street welcomes the new development as it will clean up the last two empty lots on the North side of Olive Street. Mr. Steve Rapatic, advised that he and his wife would like to have their home at 128 Olive Street built as proposed, as numerous issues have been incorporated into the design as shown and circulated. Mr. Tony Desantis, advised that he had created the lots 24 years ago, and Mr. Fernick choose to build in the location he did to take advantage of the lakeview, and now others are being penalized due to the location.
Page 10 of 11 4. Minor Variance CA-15-31 Moved by P. Settimi ; Seconded by H. Nobes; Resolved that Submission A-15/15 by A. Desantis Developments for a Minor Variance of the provisions of By-law No. 14-45, Residential (RD2-15) Zone, to allow for the construction of a new two storey dwelling, with a building depth of 35 metres, and a lot coverage of 17% in a Residential Detached (RD2-15) Zone at # 128 Olive Street, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land. CA-15-32 Moved by N. Anderchuk; Seconded by P. Settimi; Resolved that Submission A-16/15 by A. Desantis Developments Ltd., for a Minor Variance of the provisions of By-law No. 14-45, Residential (RD2-15) Zone, to allow for the construction of a new two storey dwelling, with a building depth of 32.0 metres, and a front yard setback of 36.62 metres in a Residential Detached (RD2-15) Zone at # 126 Olive Street, Grimsby be granted for the following reasons: 1. The Variance is minor in nature. 2. The intent of the Official Plan and Zoning By-law is maintained. 3. The proposal is desirable for the appropriate development of the land.
Page 11 of 11 5. Land Consent B-04/15 A. Desantis Developments Ltd. Part 1 of Lot 24 of Plan 30M-166 128 Olive Street CA-15-33 Moved by P. Settimi; Seconded by N. Andreychuk; Resolved that Submission B-04/15 by A. Desantis Developments Ltd., for consent to convey be granted as per the Notice of Decision. B-05/15 A. Desantis Developoments Ltd. Part 3 of Lot 25 of Plan 30M-166 126 Olive Street CA-15-34 Moved by P. Settimi; Seconded by N. Andreychuk; Resolved that Submission B-05/15 by A. Desantis Developments Ltd., for consent to convey be granted as per the Notice of Decision. 6. Adjournment K. Antonides J. R. Schonewille Chairperson Secretary