Minutes of the 13th Meeting of the Town of Whitby Committee of Adjustment held on September 18, 2014 at 7:00 p.m. In the Whitby Municipal Building

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1 Minutes of the 13th Meeting of the Town of Whitby Committee of Adjustment held on September 18, 2014 at 7:00 p.m. In the Whitby Municipal Building Present: S. Haslam, Chair D. McCarroll B. O Carroll M. Tolmie J. Visser Kathryn Kram, Secretary-Treasurer Caitlin Graup, Acting Secretary-Treasurer Item 1: Disclosure of Interest There was no disclosure of interest by the members of the Committee of Adjustment.

2 Item 2: Public Hearing K. Kram, Secretary-Treasurer noted that C. Graup would be taking the role of Acting Secretary-Treasurer. Moved by: B. O Carroll That C. Graup be appointed as Acting Secretary-Treasurer. A/19/14 Elm Developments 3570 Brock Street North An application has been received from ELM DEVELOPMENTS for a variance from the provisions of By-Law The application is for permission to: 1) reduce the minimum required amount of parking spaces from 5.5 spaces per 93 square metres of gross leasable area to 4.3 spaces per 100 square metres of gross leasable area to permit the development of a freestanding commercial building situated within a shopping centre. The subject property is located at 3570 Brock Street North which is zoned Commercial (C1) in Zoning By-law In Support of Application In Opposition of Application None at this time None at this time The Chair introduced the application and asked if anyone would like to speak to the subject application. There was no one present who wished to speak to the subject application. Moved by: M. Tolmie That the application for permission to reduce the minimum required amount of parking spaces from 5.5 spaces per 93 square metres of gross leasable area to 4.3 spaces per 100 square metres of gross leasable area to permit the development of a freestanding commercial building situated within a shopping centre, located at 3570 Brock Street North, be TABLED for up to six months to allow the applicant adequate opportunity to address the site design details through the related site plan approval process and to provide accurate floor area calculations consistent with the definition of gross leasable area.

3 Item 2: Public Hearing A/45/14 Horne, Donald 21 Eastbourne Beach Road An application has been received from HORNE, DONALD for a variance from the provisions of By-Law The application is for permission to: 1) reduce the minimum required westerly interior side yard setback from 4.5 metres to 1.5 metres 2) increase the maximum permitted lot coverage from 10% to 15% 3) permit the issuance of a building permit on a lot which does not have frontage on an improved public street The requested variances are to permit an attached garage addition. The subject property is located at 21 Eastbourne Beach Road which is zoned Agricultural (A) in Zoning By-law In Support of Application Also Present In Opposition of Application Horne, Donald Owner/Applicant Gordano, Frank Area Resident Pepler, Robert Area Resident None at this time The Chair introduced the application and asked if anyone would like to speak to the subject application. D. Horne addressed the Committee in support of the subject application. He explained that the application was to permit an attached garage addition. C. Graup, Acting Secretary-Treasurer, provided Committee members with copies of updated correspondence received from the Durham Region Health Department after the Planning Commissioner s report was issued confirming no objections to the proposed variance. D. McCarroll asked if the existing shed would remain on the property. D. Horne confirmed it would remain. S. Haslam asked if the existing trees would be kept. D. Horne confirmed that as many of the existing trees as possible would be kept.

4 The Chair asked C. Graup, if any other correspondence had been received in relation to the subject application. C. Graup replied that no correspondence had been received in relation to the subject application. The Chair asked if there was anyone else who wished to speak to the subject application. F. Gordano addressed the Committee and advised that he supported the application and had no concerns about the proposed variances. R. Pepler addressed the Committee and stated that he also supported the application. He noted that without the minor variances granted by the Committee, their community would not be able to complete renovations and improvements to their homes. Moved by: D. McCarroll That the application for permission to 1) reduce the minimum required westerly interior side yard setback from 4.5 metres to 1.5 metres 2) increase the maximum permitted lot coverage from 10% to 15% 3) permit the issuance of a building permit on a lot which does not have frontage on an improved public street. The requested variances are to permit an attached garage addition located at 21 Eastbourne Beach Road be GRANTED subject to the following condition: 1) That the conditions of the Public Works Department be met. Reason: The members of the Committee were of the opinion that the variance is minor; that the intent of the By-law and the Official Plan is being maintained, and further that the granting of the application is desirable and would result in the appropriate development of the property.

5 Item 2: Public Hearing A/46/14 Veenstra Construction Ltd. 696 Centre Street South An application has been received from VEENSTRA CONSTRUCTION LTD for a variance from the provisions of By-Law The application is for permission to: 1) reduce the exterior side yard setback from 3.0 metres to 1.2 metres to permit an attached garage addition 2) reduce the minimum required setback from an accessory structure to a streetline from 4.5 metres to 0.25 metres to recognize an existing accessory structure (shed) The subject property is located at 696 Centre Street South which is zoned Residential Type 2 Downtown (R2-DT) in Zoning By-law In Support of Application Also Present In Opposition of Application Veenstra, David Applicant Slavchenko, Paul Owner Moore, Lori Owner None at this time The Chair introduced the application and asked if anyone would like to speak to the subject application. D. Veenstra addressed the Committee in support of the application. He introduced himself as the applicant representing the property owners P. Slavchenko and L. Moore. He explained that the application was to reduce the exterior side yard setback to permit an attached garage addition and to reduce the required setback from accessory structure to streetline to recognize an existing accessory structure (shed). M. Tolmie asked if the garage doors could be shifted to the west-facing elevation of the proposed garage addition. D. Veenstra noted that there is extensive existing landscaping that makes this option problematic. P. Slavchenko addressed the Committee in support of the application. He noted that as D. Veenstra had mentioned, if they were to shift the garage doors to the west-facing elevation, they would have to tear out a large amount of existing landscaping and pave a driveway area for access. Discussion ensued regarding the concern of safety and backing out onto Trent Street West. Some of the Committee members also had concerns that there was not enough

6 space to park a car outside the garage, unless it was parked partly on the Town boulevard. D. Veenstra asked if the Committee could change the wording of the proposed Planning condition to remove the word west in order to provide further options to reconfigure the proposed garage layout. Discussion ensued and the Chair suggested tabling the application to allow the applicant time to reconfigure the plan. The Chair asked C. Graup, Acting Secretary-Treasurer, if any correspondence had been received in relation to the subject application. C. Graup replied that no correspondence had been received in relation to the subject application. The Chair asked if there was anyone else who wished to speak to the subject application. There was no one. Moved by: D. McCarroll That the application for permission to 1) reduce the exterior side yard setback from 3.0 metres to 1.2 metres to permit an attached garage addition and 2) reduce the minimum required setback from an accessory structure to a streetline from 4.5 metres to 0.25 metres to recognize an existing accessory structure (shed) located at 696 Centre Street South be TABLED for up to six weeks to allow the applicant time to reconfigure the plan and address Planning comments.

7 Item 3: Approval of Previous Minutes Moved by: J. Visser That the minutes of the Committee of Adjustment held on August 28, 2014 be adopted. Item 4: Other Business There were no items raised under other business.

8 Item 5: Adjournment Moved by: B. O Carroll That this meeting of the Committee of Adjustment be adjourned. Original Approved and Signed Secretary-Treasurer Original Approved and Signed Chairperson

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