THE CORPORATION OF THE TOWNSHIP OF KING COMMITTEE OF ADJUSTMENT MEETING AGENDA. WEDNESDAY, DECEMBER 10th, 2014 at 7:30PM

Transcription

1 THE CORPORATION OF THE TOWNSHIP OF KING COMMITTEE OF ADJUSTMENT MEETING AGENDA WEDNESDAY, DECEMBER 10th, 2014 at 7:30PM MUNICIPAL OFFICE - COUNCIL CHAMBERS 2075 KING ROAD, KING CITY Page 1. DECLARATIONS OF PECUNIARY INTEREST 2. REQUESTS FOR DEFERALS 3. APPLICATIONS TO BE HEARD MINOR VARIANCE APPLICATIONS: File #23-A-14 Owner: Ontario Inc. King Con 8 Pt Lot 5 AND RP65R31006 Part King Road, Nobleton Roll #: Agent: Duro Bicanic File #24-A-14 Owner: Signature Keele Inc. Con 4 Pt Lot 8 RP65R642 & King Con 4 Pt Lot & Keele Street, King City Roll #: & ADOPTION OF MINUTES 4.1. COMMITTEE OF ADJUSTMENT MINUTES Page 1 of 39

2 Page COMMITTEE OF ADJUSTMENT 4.1. COMMITTEE OF ADJUSTMENT MINUTES Minutes of the Commmittee of Adjustment Meeting of November 19th, NEW BUSINESS 6. NEXT MEETING 6.1 TBD 7. MOTION TO ADJOURN MEETING Page 2 of 39

3 File #23-A-14 Page 3 of 39

4 File #23-A-14 Page 4 of 39

5 File #23-A-14 Page 5 of 39

6 File #23-A-14 Page 6 of 39

7 File #23-A-14 Page 7 of 39

8 File #23-A-14 Page 8 of 39

9 File #23-A-14 Page 9 of 39

10 File #23-A-14 Page 10 of 39

11 File #23-A-14 Page 11 of 39

12 File #23-A-14 Page 12 of 39

13 File #23-A-14 Page 13 of 39

14 File #24-A-14 Page 14 of 39

15 File #24-A-14 Page 15 of 39

16 File #24-A-14 Page 16 of 39

17 File #24-A-14 Page 17 of 39

18 File #24-A-14 Page 18 of 39

19 File #24-A-14 Page 19 of 39

20 File #24-A-14 Page 20 of 39

21 File #24-A-14 Page 21 of 39

22 File #24-A-14 Page 22 of 39

23 File #24-A-14 Page 23 of 39

24 File #24-A-14 Page 24 of 39

25 File #24-A-14 Page 25 of 39

26 File #24-A-14 Page 26 of 39

27 File #24-A-14 Page 27 of 39

28 File #24-A-14 Page 28 of 39

29 File #24-A-14 Page 29 of 39

30 File #24-A-14 Page 30 of 39

31 File #24-A-14 Page 31 of 39

32 THE CORPORATION OF THE TOWNSHIP OF KING COMMITTEE OF ADJUSTMENT MINUTES MUNICIPAL OFFICE COUNCIL CHAMBERS 2075 KING ROAD, KING CITY Members of the Committee of Adjustment of the Township of King met on Wednesday, November 19 th, 2014 at 7:30 p.m. Members of Committee present were; Joe D Ercole, Michael Lamanna, Ron Mitchell & Helen Girardin A. Mollicone chaired the Committee of Adjustment meeting. Members of staff present were; Sara Puppi, Secretary-Treasurer 1. DECLARATIONS OF PECUNIARY INTEREST None. 2. REQUESTS FOR DEFERRALS None. 3. APPLICATIONS TO BE HEARD 3.1 Minor Variance Applications: i. File #18-A-14* Owner: Laura DelBalso Plan 65M4287; Lot Westbrooke Boulevard, Nobleton Roll #: Agent: Frank DelBalso *Deferred from October 15 th, 2014 The Secretary-Treasurer advised Committee of comments from the Township s Building Department, Deputy Clerk, Fire Chief and Engineering & Public Works Department. Agent, Frank DelBalso, was present to speak to the application. Mr. DelBalso advised the Committee that Valdor Engineering indicated that there will not be an issue with the grading as long as an infiltration trench is built. Mr. DelBalso advised Committee that he does not have an issue constructing an infiltration trench. H. Girardin inquired as to why an increase in coverage from 3% to 5% is required. Mr. DelBalso advised the Committee that the increase is to accommodate the storage room and amenity space. H. Girardin inquired as to whether Mr. DelBalso was aware of what was permitted and the restraints of the By-law when the lot was purchased. Mr. DelBalso explained that the original intent was to just have the enclosed area, but then it was discovered that the setback was encroaching. H. Girardin mentioned the photos that Mr. DelBalso took of neighbouring properties with Minutes of the Commmittee of Adjustment Meeting of Page 32 of 39

33 Committee of Adjustment Minutes November 19, 2014 Page 2 accessory structures and inquired as to whether the setbacks were estimates. Mr. DelBalso confirmed that they were estimates; he did not measure the setbacks. M. Lamanna inquired as to whether all the room was needed in the proposed cabana. Mr. DelBalso explained that the space is being used for change rooms, amenity space and for covering the pool equipment. R. Mitchell stated that the variance increase is 80% and inquired as to whether Mr. DelBalso considers that minor. Mr. DelBalso stated that other properties in the area have similarly sized structures. R. Mitchell stated that each application must be treated on its own merit and previous decisions of the Committee do not set precedent. Mr. DelBalso commented in disagreement and stated that the variance request is not something that is uncommon in the area. H. Girardin inquired as to why two change rooms are necessary when one would suffice. H. Girardin further inquired as to how the cabana can be reduced in size to better meet the By-law. Mr. DelBalso stated that decreasing the size closer to 3% coverage would impede the overall intent of the cabana. H. Girardin stated that there has to be a way to reduce the size. Mr. DelBalso asked for suggestions. H. Girardin suggested reducing the size of the cabana which will also increase the distance from the lot line. Mr. DelBalso stated that for the investment he is putting in the backyard, the overall intent does not suit the backyard. Mr. DelBalso advised Committee that the size is a need, not a want. M. Lamanna suggested decreasing the dimensions of the cabana by one metre. Mr. DelBalso stated that the foundation has already been poured. A.Mollicone stated that one of the tests to satisfy for a Minor Variance is that the variance is desirable for the appropriate development of the property. A. Mollicone commented that the size does not make it appropriate or desirable for the property. Mr. DelBalso stated that he already had to compromise on the size of his pool by reducing it from 40 feet to 35 feet which resulted in a smaller shallow end. A.Mollicone stated that having one change room as opposed to two would lessen the overall coverage. Mr. DelBalso stated that the additional space is needed for storage. A.Mollicone inquired about removing one of the change rooms. Mr. DelBalso stated that the foundation is already in and therefore removing a change room would cause a problem. A.Mollicone inquired as to where the infiltration trench will be installed. Mr. DelBalso advised that it will be on the north side. H. Girardin inquired as to how much money is being spent on the backyard. Minutes of the Commmittee of Adjustment Meeting of Page 33 of 39

34 Committee of Adjustment Minutes November 19, 2014 Page 3 Mr. DelBalso informed Committee that approximately $150,000 will be spent. Mr. D Ercole inquired as to whether there is anything that can be done to increase the distance between the cabana and side yard. Mr. D Ercole stated that the fact that the foundation is in is not the Committee s concern and does not factor into the decision. A.Mollicone stated that the fact that the foundation is in is irrelevant to the Committee. H. Girardin stated that the cabana is too large and too close to the lot line. R. Mitchell stated that there are ways to make it somewhat smaller. J. D Ercole inquired as to whether there is an opportunity for a compromise for the side yard setback. Mr. DelBalso stated that at the last Committee meeting, File #17-A-14 was approved by the Committee and there were two neighbours opposed to the application. J. D Ercole again inquired as to whether there is any room for compromise on the 1.9m setback. Mr. DelBalso stated that the foundation is in and removing the foundation would be a challenge. A.Mollicone stated that the Committee looks at the four tests of a Minor Variance, not inconveniences. Mr. DelBalso stated that it is very difficult to adjust a foundation. H. Girardin stated that the size can be reduced. H. Girardin further stated that Mr. DelBalso is not in conformity with the By-law. A.Mollicone inquired as to whether there is any way to compromise. Mr. DelBalso stated that he would have to rip out the entire foundation, which is six feet deep. A.Mollicone inquired as to how high the foundation protrudes above the ground. Mr. DelBalso advised that it is about 6 inches. Mr. DelBalso further advised Committee that he does not have access for machinery to tear up the foundation as a fence is under construction. H. Girardin inquired as to how deep the foundation needs to be to accommodate the pool equipment. Mr. DelBalso advised Committee that it needs to be 5 feet by 8 feet for the equipment. H. Girardin proposed starting the cabana 1.4 metres form the side lot line. Mr. DelBalso stated that the equipment room needs to be enclosed. A.Mollicone stated that if the cabana is shifted one metre, only one metre of amenity space will be lost. Mr. DelBalso expressed concern in regards to the arrangement of a table and chairs and its close proximity to the edge of the pool. M. Lamanna stated that it would appear that if the side setback yard setback requirement of 1.9 metres was maintained, then the cabana would decrease in size. Mr. DelBalso stated that the side yard cannot be reduced. A.Mollicone inquired as to whether the Committee is content with the proposed 0.9 metre setback. Minutes of the Commmittee of Adjustment Meeting of Page 34 of 39

35 Committee commented that they are not comfortable with 0.9 metres. H. Girardin inquired as to what the cabana wall will be made of. Committee of Adjustment Minutes November 19, 2014 Page 4 Mr. DelBalso advised Committee that it will be comprised of wood and stone masonry. A motion was made by H. Girardin and seconded by R. Mitchell that Minor Variance Application #18-A-14 be refused. The motion carried with a vote of four (4) in favour and one (1) opposed. ii. File #20-A-14 Owners: Stephen & Sabrina Ongaro Con 4 Pt Lot 10 Plan 473 Pt Lot Kingsworth Road, King City Roll #: The Secretary-Treasurer advised Committee of comments from the Township s Fire Department, Building Department, Deputy Clerk, Toronto and Region Conservation Authority and neighbouring property owner (Nina Graham, 11 Champlain Crescent). Lou Pompili, agent, was present to speak to the application. Mr. Pompili explained that the placement of the replacement dwelling has been challenged by the existing grading, flood plain and location of the existing home. Mr. Pompili explained that the proposed new home falls within the existing home which has been demolished. Mr. Pompili further explained that the top floor of the accessory garage will be used for storage and the height is to coincide with the replacement home. Mr. Pompili advised the Committee of 26 letters in support of the application. H. Girardin asked for clarification as to the proposed location of the home. Mr. Pompili provided the Committee with clarification. H. Girardin inquired as to whether the design and height of the accessory structure was selected to be compatible with the main house. Mr. Pompili commented in agreement. A.Mollicone inquired as to whether the neighbours that provided letters of support are within the 60 metre circulation notice area. Mr. Pompili advised Committee that the owners have not been able to contact the owners of house 34 about the application. R. Mitchell stated that house 34 has been for sale for a number of weeks. H. Girardin inquired as to whether house 24 has been contacted about the application. Stephen Ongaro, owner, advised Committee that he attempted to contact them. H. Girardin inquired as to whether the owner feels it is necessary to have an accessory building that high. Mr. Pompili stated that it is not absolutely necessary, but it will look in tune with the home. Mary Mutter, Vice Chair of the Kingscross Ratepayers Association, was present to speak to the application. Ms. Mutter advised Committee that the letter submitted by Nina Graham was on behalf of the Ratepayers Association s Board of Directions. Ms. Mutter explained that the main concern is in regards to the height of the accessory building. Ms. Mutter inquired as to what means the Township has to ensure that the accessory structure will not be used for residential purposes. Ms. Mutter concluded by stated that the wetlands are provincially designated, so Minutes of the Commmittee of Adjustment Meeting of Page 35 of 39

36 Committee of Adjustment Minutes November 19, 2014 Page 5 development on these lots has the potential to impact the sensitive ecosystems which is also a concern. M. Lamanna inquired as to the concern using the accessory structure as living space. Sara Puppi, Secretary-Treasurer, advised Committee that inhabiting accessory structures is not permitted as per the Zoning By-law and that the Township s By-law Department enforces this By-law. M. Lamanna stated that TRCA submitted the approval for the dwelling and accessory structure and therefore reviewed the application and found that it would not adversely affect the area. Tara McCarthy was present to speak to the application. Ms. McCarthy advised Committee that her family owns five properties within Kingscross Estates (12, 22, and 32 Snowberry Lane, 15 Watch Hill Road and 301 Kingscross Drive). Ms. McCarthy stated that the variance being proposed is not at all unusual and is keeping in character with the community. Ms. McCarthy stated that many residents are in favour of new construction because it brings up the property value. Ms. McCarthy stated that what the Ongaro s are doing is great for the community. Ms. McCarthy further stated that the people that are opposing the application are not direct neighbours. R. Mitchell stated that the proposed variance is in keeping with the new homes in the area, but it completely destroys the character of the neighbouring homes. Ms. McCarthy sated that a majority of the homes that are being sold, are being knocked down or renovated. Owners of 34 Watch Hill Road were present to speak to the application. The owners stated that they purchased the property last week and plan to live in the home and possibly rebuild in the future. The owners stated that they do not have any objection to the application. H. Girardin inquired as to what the accessory structure will be used for. Mr. Pompili stated that it will be used as a garage with storage above. R. Mitchell stated that the garage is 70% higher than what is allowed in the By-law. J. D Ercole stated that having the structure lower would look more of an anomaly. J. D Ercole stated that it is disheartening to see the houses being changed, but would agree that the application is minor. A.Mollicone stated that the variances are in keeping with the neighbourhood. R. Mitchell stated that the house is completely out of character with house 34. A.Mollicone stated that having a smaller accessory structure would have more of an impact. A motion was made by H. Girardin and seconded by J. D Ercole that Minor Variance Application #20-A-14 be approved. The motion carried with a vote of four (4) in favour and one (1) opposed. iii. File #21-A-14 Owner: Carla Liberta Plan 65M2152; Lot 5 68 Brule Trail, King Roll #: Agent: Luz Elena Espinosa The Secretary-Treasurer advised Committee of comments from the Township s Deputy Clerk, Building Department, Fire Department and neighbouring property owners (Charlene Connelly of 48 Brule Trail and William Stuart of 67 Brule Trail). Minutes of the Commmittee of Adjustment Meeting of Page 36 of 39

37 Committee of Adjustment Minutes November 19, 2014 Page 6 Petter Higgins, agent, was present to speak to the application. Mr. Higgins advised Committee that the owners would like to build a new home and would like to grow their family. Mr. Higgins advised Committee that 8 packages were hand delivered to immediate neighbours detailing information about the application. Mr. Higgins explained that the lot is 2.5 acres of virgin farmland but will have a new home. The home is being positioned to take advantage of the lot and the view down into the valley. Mr. Higgins explained that a trellace will be between the structures and guests can walk to the backyard through the trellace. Mr. Higgins concluded by stating that the variance for the garage is so that the garage and house look compatible. R. Mitchell stated that the design is superb and inquired as to whether the garage is considered attached due to the trellace. Jeffery Elkow, Township Planner, stated that since there is no foundation or walls it is not considered connected. H. Girardin inquired as to whether any consideration was made to putting the garages the other way and making it a 5 car garage. Mr. Higgins explained that the option was explored but it impacted the entrance too much. A.Mollicone asked the Committee to review the four tests of a Minor Variance. J. D Ercole stated that the variance both enhances the area and is desirable. R. Mitchell stated that the variances are minor. A motion was made by R. Mitchell and seconded by J. D Ercole that Minor Variance Application #21-A-14 be approved. The motion carried with a vote of five (5) in favour and zero (0) opposed. iv. File #22-A-14** Owners: Paul & Della Christina Fortin Plan 160; Pt Lot th Concession Roll #: Agent: Margaret Black, Black and Associates **Applications to be heard concurrently 3.2 Consent Applications: i. File #07-B-14** Owners: Paul & Della Christina Fortin Plan 160; Pt Lot th Concession Roll #: Agent: Margaret Black, Black and Associates **Applications to be heard concurrently The Secretary-Treasurer advised Committee of comments from the Township s Fire Department, Building Department, Deputy Clerk and Lake Simcoe Region Conservation Authority. Committee is in receipt of Planning Report C supporting the application. Paul Fortin, owner, was present to speak to the application. Mr. Fortin explained that both he and his wife own th Concession and bought th Concession with the intent to make both the lots 87.5 feet wide so that any new house built will be farther away. Minutes of the Commmittee of Adjustment Meeting of Page 37 of 39

38 R. Mitchell stated that the purchased was a great idea and makes sense. Committee of Adjustment Minutes November 19, 2014 Page 7 A.Mollicone stated that the application will not have any impact whatsoever from the street; it is desirable as the owners are benefiting the smaller lot and maintains the intent of the Township s Zoning By-law and Official Plan. A. Mollicone thanked the Planning Department for the detailed Report. A motion was made by H. Girardin and seconded by A. Mollicone that Minor Variance Application #22-A-14 be approved. The motion carried with a vote of five (5) in favour and zero (0) opposed. A motion was made by A. Mollicone and seconded by J. D Ercole that Consent Application #07- B-14 be approved subject to the Schedule of Conditions in Planning Report C The motion carried with a vote of five (5) in favour and zero (0) opposed. ii. File #08-B-14 Owner: Roderick Martin Simonis King Con 5 Pt Lot Jane Street, King Roll #: Agent: Danny Dell Elce The Secretary-Treasurer advised Committee of comments from the Township s Fire Department, Building Department, Deputy Clerk and Lake Simcoe Region Conservation Authority and York Region. Committee is in receipt of Planning Report C supporting the application and a revised Schedule of Conditions dated November 19 th, Danny Dell Elce, owner of Jane Street, was present to speak to application. Mr. Dell Elce explained the he will be benefiting from the boundary adjustment. Mr. Dell Elce further explained that Jane Street is owned by his father-in-law and he plans to one day build a new home at Jane Street and move it back onto a higher piece of land. Mr. Dell Elce advised Committee that the irregular lot size is to maintain the natural tree line. H. Girardin stated that the boundary adjustment would double the size of Jane Street. Mr. Dell Elce commented in agreement and stated that not all of the property will be useable as it is located in the Oak Ridges Moraine. M. Lamanna commented that the boundary adjustment is appropriate for the use of the land. A motion was made by R. Mitchell and seconded by A. Mollicone that Consent Application #08- A-14 be approved subject to the amended Schedule of Conditions dated November 19 th, The motion carried with a vote of five (5) in favour and zero (0) opposed. 4. MINUTES 4.1 Minutes of Committee of Adjustment Meeting (i) Minutes of the Committee of Adjustment Meeting of Wednesday, October 15 th, A motion was made by A. Mollicone, seconded by R. Mitchell and carried that the Minutes of the Committee of Adjustment Meeting of October 15 th, 2014 be adopted, as amended. 5. NEW BUSINESS Minutes of the Commmittee of Adjustment Meeting of Page 38 of 39

39 Committee of Adjustment Minutes November 19, 2014 Page 8 The Committee was advised that their Term is ending in December The Township is recruiting for members for the Committee of Adjustment s Term until December 12 th. 6. NEXT MEETING 6.1 The next Committee of Adjustment meeting is scheduled for: Wednesday, December 10 th, 2014 at 7:30pm. 7. ADJOURNMENT A motion was made by H. Girardin seconded by R. Mitchell and carried that the Committee of Adjustment Meeting be adjourned. The Meeting adjourned at 9:30 pm. A. Mollicone, Chair Sara Puppi, Secretary-Treasurer Minutes of the Commmittee of Adjustment Meeting of Page 39 of 39