Committee of Adjustment

Minutes

Meeting #:
6
Date:
Time:
-
Location:
Council Chambers, City Hall, second floor
Members Present:
  • Filippo Capuano, 
  • Jim Riddell, 
  • Elaine Westerhof, 
  • Pam Calleja, 
  • and Brendan Ursel 
Member Regrets:
  • Alexandra Rawlings 
  • and Virginia Tinti 
Staff Present:
  • Catherine Susidko-Petriczko, Secretary Treasurer, 
  • Erin Shacklette, Committee Clerk, 
  • Melissa Dalrymple, 
  • John O'Reilly, Supervisor Site Plan Review, 
  • Jenna Puletto, Manager, Planning Implementation, 
  • and Amanda D'Angelo, Supervisor, Planning Services and Committee of Adjustment 

Discussion:

Chair noted pertinent details outlined in the application and on the plans and evidence received.


The owner’s relative representative appeared and provided evidence in support of the application.


No one appeared before the Committee in support or opposition to the request.


Chair asked if any Members had any questions: J. Riddell, E. Westerhof, B. Ursel and Chair asked questions of the owner and staff.


Comments from Committee:


Chair asked Members if they had comments on the application:


J. Riddell partially supported the application; noted for the following reasons: acknowledged the complexity of the application; the Committee was required to assess the application against the four tests of the Planning Act; member stated that the application failed to meet the general intent and purpose of the Official Plan, which evaluated street design and neighbourhood character; also failed the general intent and purpose of the Zoning By-law, noted that the Millcroft neighbourhood was specifically zoned to maintain two-car driveways; member referenced Council’s approval of the Millcroft zoning and highlighted the enforcement challenges associated with it; further noted that facilitating three-car parking across a fifty‑foot lot was not minor in nature; based on the four tests and the established character of the Millcroft area, he could not support Variance 1; however, supported Variance 2, as he found that it satisfied all four tests of the Planning Act.


B. Ursel supported the application; noted for the following reasons: appreciated the testimony of the general intent of variance 1 and city staff information provided at the hearing; the examples provided by the applicant were in detriment to the proposal however, the development of the subject property was significantly better for function and purpose; primary concern was the third vehicle creating a perceived parking lot in a residential neighbourhood which was a concern in the area; based on the delegates reasoning for the adjustment was in compliance with the general intent and purpose of the Official Plan and Zoning bylaw; agreed the proposal was desirable with the difference of materials and minor in nature in comparison to the surrounding properties that have been attempting to achieve the same thing.


E. Westerhof supported the application; noted for the following reasons: acknowledged this was a challenging application; indicated support based on the applicant’s submissions, the staff report, and the expertise of staff from engineering, forestry, building, and transportation planning, all of whom had raised no concerns or objections to the development; member noted that the applicant exceeded the acceptable percentage of hard landscaping in the front yard; however, member agreed that the excess was minor in nature; concurred with Member Ursel; based on the evidence within the application, the staff report, and compliance with the four tests of the Planning Act was therefore able to support the application.


P. Calleja supported the application; noted for the following reasons: appreciated the presentation; found it unfortunate that the photos provided in the staff report illustrating various driveways in the neighborhood were not in the same style with landscaping on both sides; was of the opinion that hardscaping was not overdone; appreciated hearing that the space used as pedestrian walkway toward the dwelling was not used for parking due to limited functional space; the application satisfied the four tests of the Planning Act.


Chair supported the application; noted for the following reasons: acknowledged the difficulty of the application; initially shared similar concerns to member Riddell; concurred with member Calleja’s comment regarding aesthetic, functionality and purpose and how it differentiated from other neighbouring properties; appreciated the soft landscaping that remained; the application satisfied the four tests of the Planning Act.


Chair asked the Committee for a motion for Variance 1. Member Ursel moved for approval with condition; Member Westerhof seconded. Majority approved; Carried


Chair asked the Committee for a motion Variance 2. Member Ursel moved for approval with condition; Member Riddell seconded. All in favour; Carried


Majority of Committee members voted that the variance application met the four tests of the Planning Act for similar reasons as the staff reports in the agenda and evidence presented at the hearing.


Chair advised of the conditions and 20 day appeal period.

Discussion:

Chair noted pertinent details outlined in the application and on the plans and evidence received.


Agent appeared on behalf of the owners and provided evidence in support of the application.


Kevin Zeran representing Bette Zeran and Lyle Zeran of 885 Glenwood Avenue appeared before the Committee in opposition to the request.


Chair asked if any Members had any questions: J. Riddell, E. Westerhof, B. Ursel and Chair asked questions of the agent, staff and neighbour.

 

Comments from Committee:


Chair asked Members if they had comments on the application:


P. Calleja supported the application; noted for the following reasons: appreciated all presentations provided at the hearing and noted that all six variances were minor in nature; the proposed development was designed to contribute to the evolving character of the area, and that the designer had maintained compatibility with the neighbouring property by incorporating similar gable features on the garage; also acknowledged that the forestry concern was not within the Committee’s purview, as it fell under the responsibility of a different City department; believed the application met the 4 test under the Planning Act for the aforementioned reasons and those noted in the staff report.


J. Riddell supported the application; noted for the following reasons: noted that the delegate’s concerns focused on trees, which were not a matter the Committee could adjudicate on, as the variances before the Committee related instead to building height, building depth, the proposed 2.2‑metre garage projection, and the encroachments of the roof and walkway width; acknowledged that there had been extensive dialogue regarding the proposal and that the public’s democratic right to express concerns was a valid reason for placing the item on the regular agenda; further acknowledged that when neighbours were concerned about a development, the Committee owes it to the public to listen and understand those concerns; noted that while the proposed development initially raised questions, the lot coverage was approximately 26%, and the floor area ratio—although removed through the new Zoning By-law but still applicable in this instance—was below the permitted maximum; all six variances were minor in nature, and that the porch design cleverly disguised the projecting garage; noted that staff were supportive of the proposal; member concurred with the staff report and concluded that the application satisfied the four tests of the Planning Act.


E. Westerhof partially supported the application; noted for the following reasons: the member reviewed the application and conducted a site inspection, noted the evolving neighbourhood character as smaller homes transition to larger, more modern dwelling styles; had not heard sufficient information to support Variance 2, which sought an increased dwelling depth of 2.3 metres (7 feet); the increased depth raised concerns related to overlook and privacy for both the applicant and surrounding properties, as well as potential impacts on the maintenance and usability of the rear-yard amenity area; did not believe Variance 2 was minor and did not support the general intent and purpose of the Zoning By-law; Variances 1, 3, 4, 5, and 6 satisfied the four tests of the Planning Act, but could not support Variance 2.


B. Ursel supported the application; noted for the following reasons: the member noted that variances 3, 4, 5, and 6 met the four tests of the Planning Act, as confirmed through the review of the staff report and the delegation at the hearing; primary concern related to Variance 1, the proposed building height, which raised questions about building massing; acknowledged the architect’s clever design work to mitigate perceived massing through angular distortion and expressed interest in seeing the development constructed; noted that variance 1 involved only a 10‑centimetre increase, which he agreed was minor in nature; with respect to Variance 2, member observed that the increased dwelling depth represented a significant change to the overall size of the structure compared to the existing home; noted that no variances were required for building footprint or the amount of space the structure was permitted to occupy; ultimately, member concluded that all variances satisfied the four tests of the Planning Act.


Chair partially supported the application; noted for the following reasons: was supportive of variances 1 through 5, noted that the lot was large and could comfortably accommodate the proposed development, each of which were considered minor in nature; expressed concern with variance 6, stating that it was not minor; acknowledged that the proposed development maintained a large square footage and represented an increase in built form, yet also noted that the proposal had not reached maximum permitted capacity; concern with Variance 6 remained significant and was unable to support it as it introduced a significant amount of hardscaping in the front yard that was not desirable or an appropriate use of the land.


Chair asked the Committee for a Motion for variances 1, 3, 4 and 5. Member Westerhof moved for approval with condition; Member Ursel seconded. All in favour; Carried.


Chair asked the Committee for a Motion for variance 2. Member Ursel moved for approval with condition; Member Riddell seconded.4 members supported; 1 member did not; Carried.


Chair asked the Committee for a Motion for variance 6. Member Ursel moved for approval with condition; Member Riddell seconded. 4 Members supported; 1 member did not; Carried.


Majority of Committee members voted that the variance application met the four tests of the Planning Act for similar reasons as the staff reports in the agenda and evidence presented at the hearing.


Chair read the decision; advised of the conditions and 20 day appeal period.

Discussion:

Chair noted pertinent details outlined in the application and on the plans.


Agent appeared on behalf of the owners and provided evidence in support of the application.


No one appeared before the Committee in support or opposition to the request.


Chair asked if any Members had any questions: J. Riddell, V. Tinti, E. Westerhof, B. Ursel and Chair asked questions of the agent and staff.

 

Comments from Committee:


Chair asked Members if they had comments on the application:


E. Westerhof supported the application; noted for the following reasons: appreciated the agent’s presentation and noted that the proposed addition would improve operational efficiencies for the current tenant of the commercial space; acknowledged that there were approximately nine to ten employees at the subject property and that the addition was not expected to result in an increase in staffing; based on the information presented at the hearing and the staff report, the member concluded that the proposal satisfied the four tests of the Planning Act and represented appropriate and positive development for the community.


P. Calleja supported the application; noted for the following reasons: concurred with colleague; acknowledged the proposal was minor and appreciated the presentation.


B. Ursel supported the application; noted for the following reasons: expressed surprise that the Fire Department had not provided any concerning comments regarding the proposal, particularly with respect to site access; agreed with the sentiment expressed by staff regarding the parking spaces associated with Variances 2 and 3; concluded that all three variances satisfied the four tests of the Planning Act, noting that they were minor in nature and desirable for the current tenant; no notable adverse impacts on their neighbours and will encourage the future use of the site which was noted as good development and consistent with the Official Plan and Zoning bylaw.


J. Riddell supported the application; noted for the following reasons: concurred with colleagues; the proposal satisfied the four tests of the Planning Act.


Chair supported the application; noted for the following reasons: concurred with colleagues; the proposal satisfied the four tests of the Planning Act.


Chair asked the Committee for a Motion. Member Ursel moved for approval with condition; Member Westerhof seconded. All in favour; carried.


Committee members voted unanimously that the variance application met the four tests of the Planning Act for similar reasons as the staff reports in the agenda and evidence presented at the hearing.


Chair read the decision; advised of the conditions and 20 day appeal period.

Chair adjourned the meeting at 7:37 pm