MINUTES OF THE 12TH MEETING OF THE TOWN OF WHITBY COMMITTEE OF ADJUSTMENT HELD ON AUGUST 29, 2013 AT 7:00 P.M. IN THE WHITBY MUNICIPAL BUILDING

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1 MINUTES OF THE 12TH MEETING OF THE TOWN OF WHITBY COMMITTEE OF ADJUSTMENT HELD ON AUGUST 29, 2013 AT 7:00 P.M. IN THE WHITBY MUNICIPAL BUILDING PRESENT: M. Tolmie, Chair D. McCarroll B. O Carroll S. Haslam J. Visser Kathryn Kram, 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 A/37/13 SUTHERLAND, WILLIAM 200 Byron Street North An application has been received from SUTHERLAND, WILLIAM for a variance from the provisions of By-Law The application is for permission to: 1) reduce the minimum required rear yard setback from 7.5 metres to 1.2 metres 2) reduce the minimum required interior side yard setback to the first storey from 1.2 metres to 0.6 metres 3) increase the maximum permitted encroachment of a porch into the exterior side yard from 1.5 metres to 2.4 metres The variances requested are to permit the construction of a rear yard addition and front porch addition to the existing single detached dwelling. The subject property is located at 200 Byron Street North and is zoned Residential Type 3 Downtown (R3-DT) in Zoning By-law IN SUPPORT OF APPLICATION IN OPPOSITION OF APPLICATION William Sutherland Owner/applicant Lynn Winterstein Area resident Gay Adair Area resident The Chair introduced the application and asked if anyone would like to speak to the subject application. B. Sutherland addressed the Committee in support of the subject application. He explained that he recently bought the house which had formerly been a group home and was in a state of disrepair. He has renovated the inside of the house and he noted that this will be his principal residence. Now that he has renovated the interior he wants to start working on the exterior. The property currently has no garage and he would like to build a garage. B. Sutherland explained that the gas meter is located on the north side of the dwelling where the existing driveway is located. His insurance company has cautioned him

3 against using the existing driveway past the side entrance of the house because of gas meter. B. Sutherland stated that he has tentative approval from the Public Works Department for the new driveway off of Mary Street. A detached garage would meet the setbacks he is proposing for the addition. He is proposing to build a one storey living area addition in the rear yard connected to the proposed garage in order to provide an additional bathroom and a family room. B. Sutherland stated that it is his intent to maintain the heritage look of the area. He explained that one of the variances is to permit the addition of a front porch which will wrap around to the sunroom on the south side of the existing house. B. Sutherland stated that the other two variances are required to permit the proposed rear yard addition. He repeated that if he was proposing to build a detached garage the setbacks would be in compliance with the Zoning By-law. He stated that both of his immediate neighbours to the north and west are in support of the application. B. Sutherland stated that he has a petition signed by 27 of his neighbours supporting the application. He handed copies of this petition to the Committee members. B. Sutherland stated that he considers the variances minor in nature because the proposed setbacks would be permitted for a detached garage. His last two houses had three and four car garages. He needs space for his vehicles as well as space for a workshop. D. McCarroll asked for clarification about the approval for a new driveway off of Mary Street West. B. Sutherland stated that the Public Works Department has approved the new driveway location in principle subject to a minimum setback from the existing utility pole. D. McCarroll asked the applicant how many trees would have to be cut down to permit the proposed construction. B. Sutherland stated that the Town recently planted a new street tree along Mary Street where the new driveway is proposed. The Town has given him permission to have this tree moved. The Chair asked the applicant if he had read the Planning Commissioner s Report. B. Sutherland stated that he had read the report and he was surprised that it recommended the first two variances be denied. B. Sutherland stated that he understands the Public Works Department have concerns about drainage. He stated that there is a shed existing on his property where the addition will be and currently there is no pooling of water. He stated that very little water from the property to the west drains on to his property. He explained that his architect

4 has already taken the localized grading and drainage into consideration. There will be stairs up to the addition from the south because the grading in the rear yard will slope towards Mary Street. There was a short discussion about grading and drainage. B. Sutherland showed the Committee the floor plans for the proposed addition. S. Haslam asked what will happen to the existing trees along the north and west lot lines. B. Sutherland stated that the trees are on his property and a few will need to be cut down. He and his neighbours have already cut down some of these trees. He stated that his neighbour will be happy to have some of the trees cut down. B. Sutherland explained that his proposal is about utilizing space to his best advantage. As the property to the north has a garage in the southwest corner of the lot, the northwest corner of his lot is not useable space and is best used for the proposed garage. B. O Carroll asked how the applicant will be able to maintain the new structure in terms of cleaning the eaves and painting since the proposed 0.6 metre setback would not be sufficient to put up a ladder. B. Sutherland explained that maintenance will not be an issue. The Chair asked if there was anyone from the public who wished to speak to the subject application. L. Winterstein addressed the Committee and stated that she is happy to see that this will be a single detached dwelling. She thinks this project will be good for the economic health of the neighbourhood and she is in support of the application. G. Adair addressed the Committee and explained that she lives across the street from the subject property. There was a group home located at the subject property previously and she is delighted that it will now be used as a single detached dwelling. She is also pleased with the design and look of the proposed rear yard addition and front porch. B. O Carroll stated that the streetscape is important and there should be a uniform space between homes. She asked if the applicant could push the attached garage addition 0.6 metres to the south which would eliminate variance 2) for the interior side yard setback. B. Sutherland stated that the family room addition can not be moved too far to the south because of the location of the dining room window.

5 There was a discussion about moving the northern wall of the attached garage addition 0.6 metres to the south which would eliminate variance 2). The Chair asked K. Kram, Secretary-Treasurer if any correspondence had been received in relation to the subject application. K. Kram replied that aside from the petition, no correspondence had been received in relation to the subject application. Moved by: D. McCarroll That variances 1) to reduce the minimum required rear yard setback from 7.5 metres to 1.2 metres and 3) to increase the maximum permitted encroachment of a porch into the exterior side yard from 1.5 metres to 2.4 metres to permit the construction of a rear yard addition and front porch addition to the existing single detached dwelling located at 200 Byron Street North be GRANTED subject to the following conditions: 1) That the proposed addition be limited to one storey. 2) That a grading plan be submitted to the satisfaction of the Public Works Department. 3) That the site grading and all other services conform to the requirements of the Public Works Department. Reason: The members of the Committee were of the opinion that variances 1) and 3) are minor, that the intent of the By-law and the Official Plan is being maintained, and further that the granting of these variances would result in the appropriate development of the property. That variance 2) to reduce the minimum required interior side yard setback to the first storey from 1.2 metres to 0.6 metres be DENIED as it will not result in the appropriate development of the property.

6 ITEM 2: Public Hearing A/38/13 SHEIKH, ABDUL 30 Tom Edwards Drive An application has been received from SHEIKH, ABDUL for a variance from the provisions of By-Law The application is for permission to reduce the minimum required rear yard setback from 7.5 metres to 6 metres to permit the construction of a sunroom in the rear yard. The subject property is located at 30 Tom Edwards Drive and is zoned Residential (R2B*). IN SUPPORT OF APPLICATION IN OPPOSITION OF APPLICATION The Chair introduced the application and asked if anyone would like to speak to the subject application. There was no one present in relation to the subject application. The Chair asked K. Kram, Secretary-Treasurer if any correspondence had been received in relation to the subject application. K. Kram replied that no correspondence had been received in relation to the subject application. Moved by: B. O Carroll

7 That the application for permission to reduce the minimum required rear yard setback from 7.5 metres to 6 metres to permit the construction of a sunroom in the rear yard located at 30 Tom Edwards Drive be GRANTED subject to the following conditions: 1) That the site grading and all other services conform to the requirements of the Public Works Department. 2) That the proposed addition is limited to one storey. 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.

8 ITEM 3: Approval of Previous Minutes Moved by: J. Visser That the minutes of the Committee of Adjustment held on August 8, 2013 be adopted. ITEM 4: Other Business There were no items raised under other business.

9 ITEM 5: Adjournment Moved by: S. Haslam That this meeting of the Committee of Adjustment be adjourned. SECRETARY-TREASURER CHAIRPERSON