THE CORPORATION OF THE TOWNSHIP OF KING COMMITTEE OF ADJUSTMENT MEETING AGENDA. WEDNESDAY, JUNE 18, 2014 at 7:30PM

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1 THE CORPORATION OF THE TOWNSHIP OF KING COMMITTEE OF ADJUSTMENT MEETING AGENDA WEDNESDAY, JUNE 18, 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 #07-A-14 Owner: Sharon Morris Plan M12; Lot Armstrong Crescent, Pottageville Roll #: CONSENT APPLICATIONS: File #05-B-13* Owner: Hamleys Developments Inc. Plan 65M4169; Lot Bluff Trail, Nobleton Roll #: Agent: Nu-Land Management Inc. (George Karakokkinos) File #06-B-13* Owner: Hamleys Developments Inc. Page 1 of 80

2 Page COMMITTEE OF ADJUSTMENT 3.2. CONSENT APPLICATIONS: Plan 65M4169; Lot Bluff Trail, Nobleton Roll #: Agent: Nu-land Management Inc. (George Karakikkinos) File #07-B-13* Owner: Hamleys Developments Inc. Plan 65M4169; Lot Bluff Trail, Nobleton Roll #: Agent: Nu-Land Management Inc. (George Karakokkinos) File #08-B-13* Owner: Hamleys Developments Inc. Plan 65M4169; Lot Bluff Trail, Nobleton Roll #: Agent: Nu-land Management Inc. (George Karakokkinos) 4. ADOPTION OF MINUTES COMMITTEE OF ADJUSTMENT MINUTES Minutes of the Committee of Adjustment Meeting of May 21st, NEW BUSINESS 6. NEXT MEETING 6.1 Wednesday, July 16, MOTION TO ADJOURN MEETING Page 2 of 80

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74 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, May 21 st, 2014 at 7:30 p.m. Members of Committee present were; Helen Girardin, Joe D Ercole, Michael Lamanna & Ron Mitchell Antoniette 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 #04-A-14* Owner: Richard DeBiasio Plan 65M4169; Lot Hill Farm Road, Nobleton Roll #: *Application deferred from April 16 th, 2014 The Secretary-Treasurer advised Committee of comments from the Township s Building Department, Engineering and Public Works Department, Clerk, Fire Department and Manager of Revenue. Richard DeBiasio, owner, was present to speak to the application. Mr. DeBiasio advised the Committee that the variance is required to construct a tool shed in the backyard. H. Girardin inquired as to whether the temporary fence at the back belonged to Mr. DeBiasio or the neighbour. Mr. DeBiasio confirmed that the fence does belong to him and is being used while the backyard construction is taking place. M. Lamanna commented that the concrete slab has been poured and asked if Mr. DeBiasio spoke to any of his neighbours about the placement of the shed. Mr. DeBiasio advised Committee that he spoke to his neighbours and they have no objection to the placement of the shed. R. Mitchell inquired as the shape of the roof of the shed as the shed is not rectangular. Mr. DeBiasio stated that it is a five-sided roof from the chateau series and that the overhang is about six inches. Minutes of the Committee of Adjustment Meeting of May Page 74 of 80

75 R. Mitchell inquired as to whether drainage has been considered. Mr. DeBiasio stated that there is an existing swale. Committee of Adjustment Minutes May 21, 2014 Page 2 A.Mollicone addressed the comments from the Fire Department regarding wood burning appliances and comments from Engineering and Public Works regarding drainage. Mr. DeBiasio stated that nothing will be disturbed regarding the grading, it will all be maintained. The Chair asked if any persons were present to speak in favour of the application. Mr. & Mrs. Buscema of 87 Parkheights Trail were present and in support of the application. No persons were present to speak against the application. R. Mitchell commented that the application meets all four tests of a minor variance. A.Mollicone recommended that the staff comments be attached to the Committee s decision. A motion was made by H. Girardin and seconded by J. D Ercole that Minor Variance Application #04-A-14 be approved subject to the following conditions: That the drainage is to remain undisturbed per lot grading design (includes swales along side yards and rear yards); and That if the property owner chooses to heat the shed, the heat shall not be provided by way of a solid fuel burning appliance. The motion carried with a vote of five (5) in favour and zero (0) opposed. ii. File #05-A-14 Owner: Edmond & Marina Khajetoorian Plan 162; Lot Churchill Avenue, King Roll #: The Secretary-Treasurer advised Committee of comments from the Township s Fire Department, Manager of By-law Enforcement, Clerk, Manager of Revenue and Lake Simcoe Region Conservation Authority. Lorne Rose, architect, was present to speak to the application. Mr. Rose explained that the application is for a replacement home. Mr. Rose advised Committee that the owners spoke with the neighbour to the east who is in support of the application. Mr. Rose further advised Committee that the owner attempted to contact the neighbour to the west on four occasions, but was not successful. R. Mitchell inquired as to why the owner was not able to find a home design that meets the Township s Zoning By-law. Mr. Rose explained that this is the owners dream home and because the grade has dropped, the number is inflated (in regards to height). Mr. Rose explained that the excavated part is not visible from the street. Mr. Rose advised Committee that the owner wished to have a home that has a chateau look, like the ones she visited in France. R. Mitchell inquired as to whether all of the trees at the front of the property will remain. Mr. Rose advised Committee that all the trees will be maintained and that even more trees will be planted. R. Mitchell commented that there seems like there are more options available in terms of the location of the cabana. Minutes of the Committee of Adjustment Meeting of May Page 75 of 80

76 Committee of Adjustment Minutes May 21, 2014 Page 3 Marina Khajetoorian, owner, stated that because of the natural heritage evaluation, she was told that that this location was the only one. Ms. Khajetoorian advised Committee that the neighbours have no issue with the placement of the cabana. R. Mitchell asked Mr. Rose as to whether he believes the reduction from 9 metres to 1.2 metres is minor. Mr. Rose stated that the neighbour has 2.7 metre setback and in consultation with the neighbour it is believed that it is a suitable location. M. Lamanna inquired as to whether the owners have anything in writing from the neighbouring property owners regarding the placement of the cabana. Ms. Khajetoorian advised Committee that she spoke with both owners of 215 Churchill Avenue and showed them the proposed drawings and they have no objections. Ms. Khajetoorian apologized for not having anything in writing. M. Lamanna inquired as to whether the owner is familiar with the LSRCA conditions for approval. Mr. Rose advised Committee that they are aware of them and started to work through them. H. Girardin inquired as to whether the owner read the Township s Zoning By-laws before the house was purchased. Mr. Rose explained that they had consultations with staff. Mr. Rose explained that because of the artificial lowering in the front, the number is exaggerated. Mr. Rose further explained that the owners would like the cabana to emulate the architecture of the house main house. Mr. Rose further stated that the 1.2 metre setback is the result of consultation with the neighbours and the existing trees on the property. J. D Ercole asked Mr. Rose to expand on an earlier comment regarding flexibility when it comes to the side yard setback reduction. Mr. Rose stated that the owner approached the neighbours with the 1.2 metre proposed setback and they did not have any issues with it. M. Lamanna inquired as to whether another number was considered other than 1.2.metres and M. Lamanna further inquired as to whether the overhang has been factored in. Mr. Rose advised Committee that the cabana has a one foot overhang. R. Mitchell inquired as to whether moving the pool and the cabana has been considered. Mr. Rose commented that the pool is currently centered with the house, fitting in with the french design. A.Mollicone mentioned the pool enclosure requirement comment made by the Township s Clerk. Ms. Khajetoorian stated that she is aware of the requirement and will be enclosing the pool. A.Mollicone identified a discrepancy with the size of the lot listed on the site plan and in the application. Mr. Rose acknowledged the mistake as the depth should be 398 metres. M. Lamanna inquired as to whether the owner is willing to entertain a larger set back. Mr. Rose suggested increasing the setback from 1.2 metres to 1.8 metres. A.Mollicone suggested that the setback meet the same as the neighbour s accessory structure (2.74 metres). Minutes of the Committee of Adjustment Meeting of May Page 76 of 80

77 Committee of Adjustment Minutes May 21, 2014 Page 4 Mr. Rose commented that both he and the owner are comfortable with a 2.0 metre setback. David Schultz, owner of 255 Churchill, was present to speak to the application. Mr. Schultz explained to the Committee that his home was built 20 years ago within the requirements of the Township s Zoning By-law. Mr. Schultz stated that there is no purpose of the By-law if we are going to go beyond them by this much. Mr. Schultz commented that proposed cabana is a 30% increase in the permitted cabana height. Mr. Schultz also commented that the Notice of Public hearing should have read east side yard instead of west side yard in terms of the cabana setback. A.Mollicone inquired as to whether Mr. Schultz s property is visible on the site plan provided by the applicant. Mr. Schultz stated that it is not visible and further stated that due to the drastic increase in height; a shade study should be conducted by the applicant. Mr. Schultz also stated a concern regarding other lots on the street having multiple dwellings on single family lots. Mr. Schultz also expressed concern regarding the slope from Mr. Tackleberry s property (215 Churchill Avenue), as every spring there is major water accumulation and he does not want the runoff to be pushed to his property. Mr. Schultz concluded by stating that he would like the height verified, a shade study to be completed and a study of the underground water supply and a plan for the runoff. H. Girardin inquired as to where Mr. Schultz s pool is it in relation to the proposal for the front of the house and inquired as to why he feels that the house will cause a shade issue. Mr. Schultz commented that the lot lots are on an angle. H. Girardin stated that the landscape architect would be responsible for ensuring proper drainage. M. Lamanna stated that he does not believe Mr. Schultz s sun will be greatly impacted by the height of the proposed house. H. Girardin inquired as to whether there are a lot of trees on the property now. Mr. Schultz stated that there is nothing as high as the proposed house, as the highest would be about 20 feet. A.Mollicone thanked Mr. Schultz for his comments. A.Mollicone inquired about the wood dwelling on the property. Mr. Rose stated that the wood dwelling is existing and the owner has no intention for anyone to live there, it may be removed from the property. M. Lamanna stated that the Committee does not have control over some of the concerns that were expressed by Mr. Schultz. R. Mitchell commented that the height of the house (over 50 feet) is not characteristic of the area for the height of houses in the area. A.Mollicone commented that the cabana could be moved. R. Mitchell suggested deferring the application to the next meeting to address the shade concerns expressed by Mr. Schultz. Mr. Rose stated that should the Committee approve the application; a shadow study can be provided within the 20 day appeal period. Mr. Rose explained that if Mr. Schultz is unhappy with the shadows, he has the right to appeal the application. Mr. Rose advised Committee that waiting another month for approval will miss most of the building season. H. Girardin inquired as to what time of day Mr. Schultz goes for a swim. Mr. Schultz stated that he swims early in the morning. Minutes of the Committee of Adjustment Meeting of May Page 77 of 80

78 Committee of Adjustment Minutes May 21, 2014 Page 5 A.Mollicone commented that the Committee has approved homes in this range in the past and stated that the height increase is minor. In terms of the cabana, A. Mollicone stated that she would like to see it moved away from the property line a bit more. A. Mollicone further stated that the property is well setback and screened, from both the street and the neighbours. J. D Ercole inquired as to whether the Committee should request a shadow study. R. Mitchell stated that he shares the neighbours concerns in terms of the height and shadow. A.Mollicone reviewed the four tests of a minor variance, stating that the request maintains the intent of the Official Plan and Zoning By-law, it is desirable based on the conditions of the LSRCA authority, and is minor. J. D Ercole stated that an east side yard minimum of 2.74 metres makes sense and is comfortable with that restriction. A motion was made by A. Mollicone and seconded by M. Lamanna that application #05-A-14 be approved with the correction that the relief sought is to the east side yard from 9.0 metres to 2.74 metres and subject to the following conditions: That the recommendations made by the Township s Fire Chief be considered; and That the accessory structure (cabana) not be used for residential purposes; and That a pool enclosure permit be obtained; and That the owner submits the information and studies requested by the LSRCA to the satisfaction of the LSRCA. The motion carried with a vote of four (4) in favour and one (1) opposed. iii. File #06-A-14 Owner: Tyrone Razak Plan 65M4169; Lot 2 4 Tidnish Court, Nobleton Roll #: Agent: Fletcher Patriquin The Secretary-Treasurer advised Committee of comments from the Township s Building Department and Manager of Revenue. Fletcher Patriquin, carpenter, and Tyrone Razak, owner, were both present to speak to the application. Mr. Patriquin advised the Committee that the purpose of the application is to increase the lot coverage for accessory structures and decrease the east side yard setback. R. Mitchell inquired as to the lot size. Mr. Patriquin stated that the lot is 24 metres across the front and 65.9 metres down the back. R. Mitchell inquired as to why two cabanas are needed. Mr. Patriquin explained that the owners would like a bar section separate from the cabana. R. Mitchell stated that the increase from the By-law is more than 37% in regards to accessory structure coverage. H. Girardin inquired as to whether there will by any grass in the backyard as the entire look appears to be covered. Mr. Razak stated that if you are facing the house there is going to be grass on the left side to the back. H. Girardin inquired as to the reasons for needing two cabanas Minutes of the Committee of Adjustment Meeting of May Page 78 of 80

79 Committee of Adjustment Minutes May 21, 2014 Page 6 Mr. Razak explained that his wife would prefer if the bar is segregated from the storage and relaxing area. Mr. Razak presented Committee with letters of support from neighbouring property owners (Domenic Ruso of 6 Tidnish Court, Joe Miele of 2 Tidnish Court and Mauro Forte of 26 Tidnish Court). A.Mollicone inquired as to whether moving cabana #2 three feet towards to the pool was ever considered. Mr. Razak explained that the pool itself is already really close to the house would like as much space as possible as there will be a fence around the pool. H. Girardin inquired to whether the limitations of the property were realized in advance of purchasing the lot, as By-laws are in place for a reason. A.Mollicone inquired as to whether moving the cabana was considered, or making the cabana smaller. J. D Ercole inquired as to whether there is room to increase the 1.5 metre setback. Mr. Patriquin asked the Committee what size setback they would be comfortable with. A.Mollicone stated that 2.4 metres would be preferred, as per the By-law. H. Girardin inquired as to the distance from the front of the pool to the edge of the cabana. Mr. Patriquin stated that he cannot confirm the exact measurement. A.Mollicone inquired as to whether square footage can be removed from both cabanas to lessen the coverage. Mr. Patriquin stated that they are willing to bring cabana #1 down from 20 feet by 18 feet to 20 feet by 16 feet. A motion was made by A. Mollicone and seconded by J. D Ercole that application #06-A-14 be approved subject to the following: That the maximum lot coverage for accessory structures not exceed 3.9% and that cabana #1 be restricted to 29.7 square metres (320 square feet) in size; and That the east Side Yard Minimum shall not exceed 2.0 metres. The motion carried with a vote of four (4) in favour and one (1) opposed. 4. ADOPTION OF MINUTES OF COMMITTEE OF ADJUSTMENT MEETINGS 4.1 Minutes of Committee of Adjustment Meeting (i) Minutes of the Committee of Adjustment Meeting of Wednesday, April 16 th, A motion was made by J. D Ercole, seconded by R. Mitchell and carried that the Minutes of the Committee of Adjustment Meeting of Wednesday, April 16 th, 2014 be adopted, as amended. 5. NEW BUSINESS None. Minutes of the Committee of Adjustment Meeting of May Page 79 of 80

80 6. NEXT MEETING Committee of Adjustment Minutes May 21, 2014 Page The next Committee of Adjustment meeting is scheduled for: Wednesday, June 18 th, 2014 at 7:30pm. 7. ADJOURNMENT A motion was made by A. Mollicone seconded by R. Mitchell and carried that the Committee of Adjustment Meeting be adjourned. The Meeting adjourned at 9:40 pm. A. Mollicone, Chair Sara Puppi, Secretary-Treasurer Minutes of the Committee of Adjustment Meeting of May Page 80 of 80