Committee of Adjustment Minutes September 16, 2014 Minutes of a Meeting of Committee of Adjustment held on Tuesday, September 16, 2014 at 7:00 p.m. in the Council Chambers, City Hall. Present: Also Present: Mr. Paul Dorris, Chair Mr. Claude Dufresne Mr. John Duncan Ms. Brenda Campbell Mr. Alan Porteous Mr. Richard Straka, Planner, Policy and Research Ms. Jennifer Sawatzky, Secretary-Treasurer 1. File No.: A27/14 Address: 1901 Fisher Drive Applicant: John McGarrity This matter relates to a minor variance application submitted by John McGarrity, 343 Stewart Street, Peterborough, Ontario K9H 4A7, as applicant on behalf of Sciens Industries Inc., 1901 Fisher Drive, Peterborough, Ontario K9J 6X6, the owner of the property, which is the subject of the application. Mr. McGarrity attended the meeting and addressed the Committee as follows: The owner is seeking a minor variance in order to reduce the minimum required setback from the northeast side lot line to six metres in relation to the building on the property and to two metres in relation to the HVAC equipment on the exterior of the building. In response to questions from the Committee, Staff advised as follows: Building Division staff became aware of the location of the building on the property during their first inspection, when the building was close to completion. The building is not located where it was to be established as per the site plan. There are still open building permits on this property and pending inspections to be completed. The Committee reviewed the application, noted the location of the building and structures on the property, and considered their impact on the City owned land to the northeast. The Committee further considered the proximity of the building and structures to the drainage swale along the northeast lot line. The Committee determined that the impact of the variance was minor and appropriate considering the established standard of development of the neighbourhood.
Meeting Date: Date, 2014 Page 2 Therefore a variance is granted to reduce the minimum setback from the northeast lot line to the building on the property to 6.0 metres and the minimum setback from the northeast lot line to the structures on the exterior of the building supporting three mechanical ventilation units to 2.0 metres, CONDITIONAL UPON a revised site plan, demonstrating that the location of the structures does not interfere with stormwater management on the property, is submitted and approved by the City s Engineer. 2. File No.: B05/14 Address: 5-17 Fleming Place Applicant: Kevin M. Duguay 3. File No.: A33/14 Address: 5-17 Fleming Place Applicant: Kevin M. Duguay These matters relate to a severance application and a minor variance application submitted by Kevin M. Duguay, 560 Romaine Street, Peterborough, Ontario K9J 2E3, as applicant on behalf of Donald Wayne Bennett and Wulf Eckhart Rapin, P.O. Box 742, Peterborough, Ontario K9J 6Z8, the owners of the property, which is the subject of the application. An addendum to the staff report was circulated to the Committee consisting of an amended condition g of the set of proposed conditions for approval of consent application B05/14. The Committee was asked to consider the addendum in their deliberation. Mr. Duguay attended the meeting and addressed the Committee as follows: The applicant is requesting consent to add a rectangular parcel of land from the subject property to the adjoining commercial site to allow the lot boundaries to coincide with the zoning boundaries. The variance application was submitted to address rear lot line setbacks for a newly constructed residential building fronting onto Bethune Street and an existing two storey building at 5 Fleming Place. The owner has reviewed the amendment to the report and is agreeable with the new language proposed by Staff. The Site Plan Application is in process for a redevelopment of the two storey residential building to the immediate west of the new, five storey building on the corner of Hunter and Aylmer Streets. The consent is required to facilitate development of the new building. In response to questions from the Committee, Staff advised as follows: The Geomatics/Mapping Division is working with the applicant to finalize the municipal addressing of the Fleming Place properties.
Meeting Date: Date, 2014 Page 3 In response to questions from the Committee, the applicant advised as follows: He does not anticipate any difficulty achieving fulfillment of the conditions outlined in the report within the required timeline. Once the site plan is complete, the required easements and rights of way will be addressed. File B05/14 In that the severed and retained property would conform to both the Official Plan policy and the zoning applied to the property, consent is granted to convey a 9.14 metre wide by 47.4 metre long rectangular parcel of land at the southeast corner of the subject property to the owner of the adjacent property known municipally as 417 Aylmer Street North and 234-242 Hunter Street West, PROVIDED THAT Section 50(3) and/or Section 50(5) of the Planning Act apply to any subsequent transaction involving the parcel of land that is subject of this application, and CONDITIONAL UPON the following: a) That the associated variance application file A33/14 is approved; b) That the owner follow through with the establishment of an easement to facilitate safe access over the subject property from the property at 417 Aylmer Street North and 234-242 Hunter Street West to the satisfaction of Otonabee Region Conservation Authority; c) That the owner enter into a site plan agreement with the City that would apply to the properties known municipally as 5 and 7-17 Fleming Place, 234-242 Hunter Street West and 417 Aylmer Street North, and 248 Hunter Street West that would address development, maintenance and access to the common parking areas, as well as services between the properties; d) That the owner enter into an agreement with the City that would address specific requirements regarding the water services between properties under separate ownership to the satisfaction of the Chief Building Official and stipulate that all units within existing and future buildings on the property have independent, mechanical heating and ventilation units installed; e) That reciprocal servicing easements be established over each separate property to the satisfaction of the City; f) Provision of a reference plan describing the easements for approval of the City Planner prior to its registration; g) That the owner/s enter into an agreement with the City to be registered on the title of each property, including 5 and 7-17 Fleming Place, and 234-242 Hunter Street West and 417 Aylmer Street North. The agreement will acknowledge that the City s Peterborough Utilities Services Inc. will only have the ability to shut municipal water service off on public property that will serve all buildings established on each of the aforementioned properties under private ownership, and the owner of each of the buildings shall, at their expense, install a privately operated shut off valve to separately control water service to each building established on private property to the satisfaction of Peterborough Utilities Services Inc. A33/14 The Committee reviewed the application, considered the location of the existing and proposed buildings on the property that are designed to share common spaces and function as a campus, as well as the 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.
Meeting Date: Date, 2014 Page 4 Therefore a variance is granted to reduce the minimum building setback from the east lot line to 3.9 metres CONDITIONAL UPON the owner entering into an approved Site Plan Agreement with the City that would apply to the properties known municipally as 5 and 7-17 Fleming Place, 234-242 Hunter Street West, 417 Aylmer Street North and 248 Hunter Street West that would address development, maintenance and access to the common parking areas, as well as services between the properties. Failure to comply with the above-noted condition by October 31, 2015 will result in this of the Committee lapsing and becoming null and void. 4. File No.: A31/14 Address: 81 Hunter Street East Applicant: WD Partners Canada This matter relates to a minor variance application submitted by WD Partners Canada, 5875 Highway 7, Unit 200A, Vaughan, Ontario L4L 1T9, as applicant on behalf of William Douglas White and Roger Gordon White, 860 Water Street, Peterborough, Ontario K9H 3N9, the owners of the subject property, which is the subject of the application. Sophie Malcangi, representing WD Partners Canada, attended the meeting and addressed the Committee as follows: The owners are seeking a minor variance in order to establish a temporary trailer on the property during renovations to the restaurant on the property. The trailer would be used to serve drive-through customers throughout the renovation, allowing the business to remain open. In response to questions from the Committee, the applicant advised as follows: In previous, similar applications the Committee has permitted a temporary trailer to be established for up to 60 days following the date of issuance of the building permit. She has no objection to this condition being imposed on the Committee s decision on this file. There will be one less parking space after the renovation. The parking spaces are being reviewed under Site Plan Approval. The Committee reviewed the application, considered the use of the subject property and determined that the impact of the variance was minor and would result in a temporary disruption of the property.
Meeting Date: Date, 2014 Page 5 Therefore a variance is granted to permit a trailer as a temporary building on the property associated with the Tim Hortons restaurant for a period of 60 days from the date of issuance of the building permit CONDITIONAL UPON the site plan being amended to illustrate the location of the temporary building on the site, as well as associated parking access and vehicle movement, to the satisfaction of the Planner of Urban Design. 5. File No.: B06/14 Address: 1281 Brealey Drive Applicant: Robert E. Pakenham, LLF Lawyers LLP This matter relates to a severance application submitted by Robert E. Pakenham with the law firm of LLF Lawyers LLP, 332 Aylmer Street North, Peterborough, Ontario K9J 7H4, as applicant on behalf of David Stanley Mitchell, 1285 Brealey Drive, Peterborough, Ontario, the owner of the property, which is the subject of the application. Mr. Pakenham attended the meeting and addressed the Committee as follows: The applicant is requesting consent to convey ownership of a strip of land along the north property line to be added to the property at 1285 Brealey Drive. This lot was severed from 1285 Brealey Drive in 2000. Parts 1 and 2 on the reference plan are one lot, and Parts 3 and 4 are a second lot. Parts 1 and 3 are located outside of the City limits in the Township of Cavan Monaghan, while Parts 2 and 4 are within the City limits. The house is located on Parts 1 and 2. When the survey was completed for the initial severance, the survey bars did not include the line of trees and the fence on Parts 1 and 2 of the plan. To capture the line of trees and the fence the owner is requesting conveyance of a parcel of land measuring 13 feet at the westerly end of the property in Cavan Monaghan and narrowing toward the eastern border within the City limits. Parts 3 & 4 would remain a lot of substantial size. The owner would like to adjust the lot line so the aesthetic features are kept with the established home at 1285 Brealey Drive. Mr Straka recommended to the Committee that Section 50(3) or Section 50(5) of the Planning Act should apply to any subsequent transaction involving the parcel of land that is subject of this application. In response to questions from the Committee, the applicant advised as follows: Both the City and the County must concur on the decision. If one of the applications is denied, the severance would not proceed. The County does not have an issue with the request for an angled lot line. Mr. Pakenham advised that the owner s preference is for the proposed angled lot line. Should the Committee decide otherwise, conveyance of a rectangular parcel of land with a width of 8 feet would be adequate to include the aesthetic features of interest. In that the severed and retained property would conform to both the Official Plan policy and the zoning applied to the property, consent is granted to convey a 2.4 metre wide, rectangular strip of land along the north side of the property to the owner of the property at 1285 Brealey Drive, PROVIDED THAT, Section 50(3) and/or Section 50(5) of the Planning Act apply to any subsequent transaction involving the severed parcel and the decision of the County of Peterborough is congruent with the Committee s decision regarding the conveyance of a 2.4 metre wide parcel of land to the owner of 1285 Brealey Drive that would be to the full depth of 1285 Brealey Drive within the City and Township.
Meeting Date: Date, 2014 Page 6 6. File No.: B07/14 Address: 553 Hopkins Avenue Applicant: Tamara Gomer This matter relates to a severance application submitted by Tamara Gomer, 2 Crestwood Avenue, Peterborough, Ontario K9J 1M8, the owner of the property, which is the subject of the application. Ms. Gomer attended the meeting and addressed the Committee as follows: She is requesting consent to sever the property into two parts in order to construct a new, single unit dwelling on the property for independent ownership. In response to questions from the Committee, Staff advised as follows: The Official Plan allows for a width of 20 metres for local streets and the requested 3.3 metre road widening strip is half of what is required to bring the current road allowance up to standard. There are no plans in the immediate future for continuous acquisition of land, but the land could be required for additional services in the future. If the conveyance of a strip of land for road widening is not required by the Committee, the new dwelling could be built as close to the street line as the existing dwelling on the subject property, considering the application of the zoning by-law to local streets of a substandard width. That would not be appropriate or acceptable. If the road widening is not achieved, the Committee should consider specifying an increased setback from the street line. Staff suggested the minimum building setback be determined to be no less than the average setback of dwellings along the south side of Hopkins Avenue between Cambridge Street and Monaghan Road, excluding the established building on the subject property. In response to questions from the Committee, the applicant advised as follows: Formal plans for the proposed residence have not yet been drawn up. The home will be designed with the front entrance facing the street. The Committee considered the application, including the requirement of the City for road widening, and noted the established setback of the existing building on the property and other buildings in the neighbourhood. The Committee determined that it was unlikely that the City would require the road widening for the installation of services and that there was no practical need for the road widening at this time. Consent is therefore granted to sever the westerly 17 metres of the subject property, CONDITIONAL UPON THE FOLLOWING: a) That parking for two motor vehicles is established on the retained property to support the use of the existing residential dwelling; b) Payment of a tree levy of $213.00; and c) The owner entering into a Development Agreement with the City requiring the minimum building setback from the street line of any new building on both the severed and retained portion of the property to be 7 metres from the street line.
Meeting Date: Date, 2014 Page 7 7. File No.: A32/14 Address: 1180 Whitefield Drive Applicant: William and Heather Walling This matter relates to a minor variance application submitted by William and Heather Walling, 1180 Whitefield Drive, Peterborough, Ontario K9J 7P6, the owners of the property, which is the subject of the application. Mr. Walling attended the meeting and addressed the Committee as follows: He is seeking a minor variance in order to reduce the setback from the north side lot line to 0.6 metres to allow for construction of a carport to be attached to the north side of his home. Mr. Straka advised that that since the subject property is located in a flood plain of Byersville Creek, a permit from Otonabee Region Conservation Authority will be required for any development. The Committee reviewed the application, considered the use and development of adjacent properties, noted the spatial separation of the dwelling on the subject property from the building on the adjacent property by the width of both driveways, and concluded that the construction of the carport would not have a significant impact on the neighbouring property. The Committee 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. Therefore a variance is granted to reduce the minimum building setback from the north side lot line to 0.6 metres PROVIDED THAT eavestroughing is established and maintained on the carport with a downspout to conduct stormwater onto the subject property, so as not to affect the neighbouring property. 8. File No.: A34/14 Address: 1195 Whitefield Drive Applicant: Stuart Cleary This matter relates to a minor variance application submitted by Stuart Cleary, 301-534 Mary Street East, Whitby, Ontario L1N 2R1, as applicant on behalf of Susan Cleary and Matthew Cleary, 1195 Whitefield Drive, Peterborough, Ontario K9J 7R7, the owners of the property, which is the subject of the application. Stuart Cleary attended the meeting and addressed the Committee as follows: The owners are seeking a minor variance to the regulations of the by-law in order to widen the recessed driveway to 7 metres, as the proximity of the retaining walls on each side of the driveway make it difficult to open vehicle doors.
Meeting Date: Date, 2014 Page 8 Mr. Straka advised that that since the subject property is located partially within the flood plain of Byersville Creek, a permit from Otonabee Region Conservation Authority will be required for any alteration of grades on the property. The Committee reviewed the application, considered the elevation of the yard in relation to the recessed driveway, and determined that the impact of the variance was minor and would facilitate the creation of two functional parking spaces on the driveway. Therefore a variance is granted to vary Section 4.8 ii) of the by-law to permit an increase in the maximum permitted width of a curb cut to access parking on the property to 7 metres. 9. File No.: A35/14 Address: 717 Lansdowne Street West Applicant: Ken Trevelyan, Trevelyan Architect Inc. This matter relates to a minor variance application submitted by Ken Trevelyan of Trevelyan Architect Inc., 201-148 Hunter Street West, Peterborough, Ontario K9H 2K8, as applicant on behalf of D J Mac Limited, 253 Hunter Street West, Peterborough, Ontario K9H 2L4, the owners of the property, which is the subject of the application. Don MacPherson, representing D J Mac Limited, attended the meeting and addressed the Committee as follows: He is seeking a minor variance in order to request a reduction in the minimum building setback from the centreline of High Street from 24.4 metres to 18.26 metres to accommodate an addition on the south side of the building on the property. The setback of the existing building on the property from the centreline of High Street is 19.9 metres. In response to questions from the Committee, Staff advised as follows: The proposed loading zone illustration on the site plan circulated with the staff report is being considered as part of the site plan application.
Meeting Date: Date, 2014 Page 9 The Committee reviewed the application and noted that there will be no appreciable loss to the number of available parking spaces and no effect on the functionality of the site plan as a result of the building addition. The Committee considered the location of the established building on the site and determined that the addition would have little impact on the building s relationship to High Street and that the variance would facilitate appropriate development and improve the viability of the property s development. Therefore a variance is granted to reduce the minimum building setback of the south east corner of the proposed building on the property from the centreline of High Street to 18.2 metres CONDITIONAL UPON approval of a revised site plan by the Planner of Urban Design. Next Meeting: The next meeting of the Committee of Adjustment is scheduled for Tuesday, October 21, 2014. Adjournment: Meeting adjourned at 8:25 p.m. Dated the 24 th day of September, 2014. (Sgd.) Paul J. Dorris, Chair (Sgd.) Jennifer Sawatzky, Secretary-Treasurer