MINUTES OF THE 15TH MEETING OF THE TOWN OF WHITBY COMMITTEE OF ADJUSTMENT HELD ON NOVEMBER 1, 2012 AT 7:00 P.M. IN THE WHITBY MUNICIPAL BUILDING

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1 MINUTES OF THE 15TH MEETING OF THE TOWN OF WHITBY COMMITTEE OF ADJUSTMENT HELD ON NOVEMBER 1, 2012 AT 7:00 P.M. IN THE WHITBY MUNICIPAL BUILDING PRESENT: D. McCarroll, Chair S. Haslam B. O Carroll 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. Carried

2 ITEM 2: Public Hearing A/53/12 GREEN ROBERT 19 Hillcourt Avenue An application has been received from GREEN, ROBERT for a variance from the provisions of By-Law The application is for permission to: 1) reduce the minimum required lot frontage from 21.5 metres to 16.7 metres 2) reduce the minimum required interior side yard setback where a dwelling is erected without a garage or carport from 5 metres to 4 metres 3) increase the maximum permitted encroachment of a porch having a height greater than 0.6 metres but less than 1.2 metres above grade into the easterly interior side yard from 1 metre to 1.3 metres 4) reduce the minimum front yard setback from 10.5 metres to 9.8 metres The variances requested are to facilitate a proposed land severance and to recognize an existing single detached dwelling and will apply to the proposed lot to be retained. The subject property is located at 19 Hillcourt Avenue and is zoned Residential (R2). IN SUPPORT OF APPLICATION IN OPPOSITION OF APPLICATION Kevin Tunney Agent Robert Green Owner/applicant The Chair introduced the application and asked if anyone would like to speak to the subject application. The Chair explained that this application was previously tabled by the Committee at the September 20, 2012 meeting to await the related decision of the Durham Region Land Division Committee. K. Tunney addressed the Committee in support of the subject application. He introduced himself as the agent for the property owner R. Green who is also in attendance.

3 K. Tunney explained that the Durham Region Land Division Committee approved the related application for severance (LD102/12) on October 15 th. The decision of the Durham Region Land Division Committee was unanimous and the subject application for minor variance has not been altered from the last hearing on September 20 th. The Chair asked if there was anyone from the public who wished to speak to the subject application. There was no one. Moved by: J. Visser That the application for permission to 1) reduce the minimum required lot frontage from 21.5 metres to 16.7 metres 2) reduce the minimum required interior side yard setback where a dwelling is erected without a garage or carport from 5 metres to 4 metres 3) increase the maximum permitted encroachment of a porch having a height greater than 0.6 metres but less than 1.2 metres above grade into the easterly interior side yard from 1 metre to 1.3 metres 4) reduce the minimum front yard setback from 10.5 metres to 9.8 metres, located at 19 Hillcourt Avenue be GRANTED subject to the following conditions: 1. That as a part of any future Land Division application and site engineering approval, the development shall conform to Town of Whitby grading and servicing standards. 2. That the applicant satisfy all related conditions from the Durham Region Land Division Committee for application LD 102/12. Carried 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.

4 ITEM 2: Public Hearing A/54/12 GREEN ROBERT 19 Hillcourt Avenue An application has been received from GREEN, ROBERT for a variance from the provisions of By-Law The application is for permission to reduce the minimum required lot frontage from 21.5 metres to 18 metres. The variance requested is to facilitate a proposed land severance and will apply to the proposed lot to be severed. The subject property is located at 19 Hillcourt Avenue and is zoned Residential (R2). IN SUPPORT OF APPLICATION IN OPPOSITION OF APPLICATION Kevin Tunney Agent Robert Green Owner/applicant The Chair introduced the application and asked if anyone would like to speak to the subject application. The Chair explained that this application was previously tabled by the Committee at the September 20, 2012 meeting to await the related decision of the Durham Region Land Division Committee. K. Tunney addressed the Committee in support of the subject application. He introduced himself as the agent for the property owner R. Green who is also in attendance. K. Tunney clarified that this application is related to A/53/12 and is to reduce the minimum required lot frontage from 21.5 metres to 18 metres for the proposed lot to be severed. The Chair noted that the related application to the Durham Land Division Committee (LD 102/12) has been approved by the Durham Region Land Division Committee.

5 The Chair asked if there was anyone from the public who wished to speak to the subject application. There was no one. Moved by: J. Visser That the application for permission to reduce the minimum required lot frontage from 21.5 metres to 18 metres to facilitate a proposed land severance located at 19 Hillcourt Avenue, be GRANTED subject to the following conditions: 1) That as a part of any future Land Division application and site engineering approval, the development shall conform to Town of Whitby grading and servicing standards. 2) That the applicant satisfy all related conditions from the Durham Region Land Division Committee for application LD 102/12. Carried 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.

6 ITEM 2: Public Hearing A/59/12 DANIELS, JAMES 50 Fallingbrook Street An application has been received from DANIELS, JAMES for a variance from the provisions of By-Law The application is for permission to reduce the minimum required rear yard setback from 10 metres to 8 metres to permit the construction of a one storey sunroom addition. The subject property is located at 50 Fallingbrook Street and is zoned Residential (R2B). IN SUPPORT OF APPLICATION IN OPPOSITION OF APPLICATION Ivars Kulitis - Agent The Chair introduced the application and asked if anyone would like to speak to the subject application. I. Kulitis addressed the Committee in support of the application. He explained that he works for Lifestyle Sunrooms and that he is representing the property owner, Mr. Daniels. I. Kulitis stated that the applicant is asking for a rear yard setback variance in order to construct a one storey sunroom. J. Visser asked if the sunroom would be heated. I. Kulitis stated that the sunroom will be unheated. B. O Carroll asked if the applicant plans to build a deck in the rear yard next to the sunroom. I. Kulitis stated that he is unsure, but he does not think the applicant has plans to construct a deck.

7 The Chair asked if there was anyone from the public who wished to speak to the subject application. There was no one. Moved by: S. Haslam That the application for permission to reduce the minimum required rear yard setback from 10 metres to 8 metres to permit the construction of a one storey sunroom addition located at 50 Fallingbrook Street, 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 reduced rear yard setback is only applicable to the proposed one storey sunroom addition. Carried 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 2: Public Hearing A/60/12 WHITBY CURLING CLUB 815 Brock Street North An application has been received from WHITBY CURLING CLUB for a variance from the provisions of By-Law The application is to interpret the permitted use of curling rink to include ancillary uses such as and similar in kind to banquets, parties, receptions, conferences, trade shows and sales events; provided that such ancillary uses take place wholly within a building. This application has been made pursuant to Section 45(2)(b) of the Planning Act. The subject property is located at 815 Brock Street North and is zoned Open Space (OS). IN SUPPORT OF APPLICATION IN OPPOSITION OF APPLICATION Bryce Jordan - Agent ALSO IN ATTENDANCE David and Nicula McAnuff 45 Ivanic Ct Sarah Cornelius 46 Ivanic Ct Bob McLeery 804 Brock St N The Chair introduced the application and asked if anyone would like to speak to the subject application. B. Jordan addressed the Committee in support of the subject application. He explained that he is a member of the Whitby Curling Club s Board of Directors. He is before the Committee on behalf of the Curling Club seeking the Committee s assistance in clarifying the permitted uses. B. Jordan explained that curling usually occurs on-site for 6 months of the year and in the off season the club is used to host events. The Whitby Curling Club needs to host events to stay financially solvent. These uses have been going on for some time on the subject property. He had assumed the existing use was legal non-conforming because the Curling Club has been operating since before Zoning By-law 2585 was adopted, but the club has no records that speak to this. After it was determined there was no

9 documentation to prove the use is legal non-conforming, the club decided to apply for this minor variance under Section 45 (2)(b) of the Planning Act. Some of the events run at the club require licences from the Town. The Clerk s Department needs to be clear that the use is permitted prior to issuing a license. J. Visser asked if there were any proposed changes to the existing building. B. Jordan stated that the Curling Club is not proposing any construction or changes to the building; they are just seeking to have the permitted uses clarified by the Committee. B. O Carroll asked the applicant about on-site parking as she noted the parking spaces are not delineated (there are no lines painted on the pavement). B. Jordan stated that Planning Staff asked him to look into the on-site parking. Although the spaces are not delineated by painted lines, there are curb stones to help line cars up. He estimates there are 50 parking spaces on paved area and if the gravel area to the rear of the building needs to be used it can accommodate approximately 40 parking spaces. Overall the site can provide approximately 90 parking spaces. The parking space requirement for a banquet hall (assembly hall) is 1 space per 5.5 square metres of Gross Floor Area (GFA). The Curling Club banquet facility GFA has been estimated at 375 m² which would require 69 parking spaces. As the site can accommodate 90 parking spaces he believes it is in compliance with the parking requirement in the Zoning By-law. J. Visser asked about the seating capacity for events. B. Jordan stated that the maximum seating capacity for a wedding would be around 100 people. S. Haslam asked how often late night events occur and how late they run. B. Jordan stated that the bar closes at 1:00 am and generally this is when most of the activities break up. He stated that a mix of daytime and evening events are held including jack and jills, showers, weddings and trade shows. In the off season the curling floor is used periodically for certain team sport events but this happens very rarely. The Chair asked if there was anyone from the public who wished to speak to the subject application. D. McAnuff addressed the Committee and stated that he had some concerns with the activities at the Curling Club. He lives on Ivanic Court to the north of the Curling Club. He is concerned that to accommodate the number of people that attend events, overflow parking is occurring on his street. Also many events take place at night and there is seemingly no curfew for these type of events. J. Visser asked how often this overflow parking occurs.

10 D. McAnuff can not say now often this happens but it does occur. D. McAnuff stated that he has a concern with the term ancillary, and that it could include any activity. He is assuming the Curling Club has not been permitted to have these types of events in the past. The Chair explained the term ancillary and that the Curling Club is asking to have the types of uses listed in the notice permitted, in addition to the primary use of the building as a Curling Club. The Chair also explained that the existing bar in the Curling Club would be licensed the same way that any other bar in town would be licensed. D. McAnuff thinks that having the bar at the Curling Club is a concern next to the residential neighbourhood. S. Haslam stated that the Curling Club and bar were in existence before the houses were built. D. McAnuff asked why the zoning can not be adjusted for the residents. The Chair explained that there are other similar land use conflicts across the Town. S. Haslam asked B. Jordan if the Curling Club had any complaints filed regarding the Noise By-law. B. Jordan stated that he did not know of any noise complaints filed against the Curling Club. He stated that the club is willing to talk to the neighbours and work with them to address any complaints. These types of uses have been going on at the site for over 55 years with little issue and the Curling Club would like to be a good neighbour. S. Cornelius addressed the Committee and stated that she also has some concerns with the activities going on at the Curling Club. She has lived on Ivanic Court for 13 years and accepted the existing Curling Club use when she bought the property. S. Cornelius asked the applicant how much additional business the Curling Club anticipates to generate from this change. B. Jordan stated that he did not mean to imply that they were doing this to bring in more business. He apologizes if this was misunderstood by anyone. The minor variance permission is required to continue to do what the club has been doing and to obtain licences for events. The intent is to continue on with business as usual. S. Cornelius stated that she had a concern about parking for a recent legion event. People parked on Ivanic Court and walked to the Curling Club. She also has a concern

11 with noise when parties disperse at night. She has had to deal with vandalism and with drunk people jumping fences and stealing property. B. Jordan stated that the legion ladies auxiliary convention was a one off commitment. In hindsight it was probably too much activity on the site. On a basic week-to-week and day-to-day basis there is adequate parking available. The Curling Club did not anticipate the amount of attendance for the legion ladies auxiliary convention. The Chair clarified for the public in attendance that as B. Jordan stated, complaints can be taken to the Curling Club. B. McLeery addressed the Committee and stated that he had some concerns with the events being run at the Curling Club. He thinks they knew the legion ladies auxiliary convention event would be busy because there were 20 portable toilets outside. He complained on the first day of the event and said there were four cars parked on his property. He also knows that Master Mechanic at 832 Brock Street North had to block off their entrance because people were parking there. B. McLeery has concerns with large outdoor events and does not think the site has the infrastructure to support trade shows. B. Jordan stated that the minor variance application was worded specifically to allow these uses inside the building only. What happened in the past was a single event that was not well understood. He does not expect the club will be doing another event like that in the future. B. McLeary would like to see limits placed on what can happen on site. He would like the Curling Club to say they will ensure there is enough parking for each event and would like to see designated handicapped parking spaces on-site. If the Curling Club is having these types of events, the site should have designated spaces painted and signed. B. O Carroll asked K. Kram, Secretary-Treasurer to speak to whether or not the Committee can deal with on-street parking. K. Kram explained that the Committee does not have the power to restrict on-street parking. The Town of Whitby Traffic By-law permits 3 hour curb side parking. If residents have issues they can call Parking Enforcement staff or speak to Council about the issue. S. Cornelius asked if the Curling Club is planning on selling the subject property in the near future. B. Jordan explained that there are no plans to sell the property. The reason this application is before the Committee is because some events need a license from the Town to operate and the use must be permitted if a license is to be issued.

12 N. McAnuff addressed the Committee and stated that she had some concerns with the events being run at the Curling Club, especially as this is a neighbourhood with many children. She agrees with the issues raised by the other residents tonight and wants to make sure these concerns are being noted. The Chair explained that K. Kram, Secretary-Treasurer is recording the minutes and that the minutes will be adopted at the next regular Committee of Adjustment meeting. Once the minutes have been adopted they will be posted on the Town of Whitby website. B. O Carroll stated that she would like to make a motion to approve the application with a clear statement that the ancillary uses are only permitted to be carried on wholly within the enclosed building. Moved by: B. O Carroll That the application for permission to interpret the permitted use of curling rink to include ancillary uses such as and similar in kind to banquets, parties, receptions, conferences, trade shows and sales events; provided that such ancillary uses take place wholly within a building be GRANTED. J. Visser stated that he would like to amend the motion, by adding a condition that the occupancy load does not exceed the maximum permitted by the Fire Department. Moved by: J. Visser That the motion above be amended as follows: That the application for permission to interpret the permitted use of curling rink to include ancillary uses such as and similar in kind to banquets, parties, receptions, conferences, trade shows and sales events; provided that such ancillary uses take place wholly within a building be GRANTED subject to the following condition: 1. That the occupancy load does not exceed the maximum occupancy load as regulated by the Fire Department. The Chair stated that adding this condition could be an issue because there are different occupancy loads depending on the type of seating (for example table seating versus chair seating). There are also separate occupancy limits for the licensed part of the building under the Liquor License. He stated that determining the specific occupancy load could be complicated. J. Visser stated that he would like to withdraw his motion to amend B. O Carroll s motion.

13 Moved by: B. O Carroll That the application for permission to interpret the permitted use of curling rink to include ancillary uses such as and similar in kind to banquets, parties, receptions, conferences, trade shows and sales events; provided that such ancillary uses take place wholly within a building, located at 815 Brock Street North, be GRANTED. Carried 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.

14 ITEM 2: Public Hearing A/61/12 LUUKKONEN, MARK and VATERS, PAUL 320 Lyndeview Drive An application has been received from LUUKKONEN, MARK and VATERS, PAUL for a variance from the provisions of By-Law The application is for permission to reduce the minimum required interior side yard width abutting any portion of the second storey from 2 metres to 1.8 metres and to increase the maximum permitted eave projection into the required interior side yard from 0.5 metres to 0.7 metres to permit the construction of a second storey addition to an existing single storey single detached dwelling. The subject property is located at 320 Lyndeview Drive and is zoned Residential (R1). IN SUPPORT OF APPLICATION IN OPPOSITION OF APPLICATION Steve Choe - Agent The Chair introduced the application and asked if anyone would like to speak to the subject application. S. Choe explained that he is the agent representing the property owners and that he had nothing else to add to the Chair s introduction. S. Haslam asked if there would be any potential for shadowing problems along the interior side yard with the greater eave projection. S. Choe stated that he does not think shadows should be an issue as the addition will be lined up with the southern wall of the existing dwelling. The Chair asked if there was anyone from the public who wished to speak to the subject application. There was no one. Moved by: B. O Carroll

15 That the application for permission to reduce the minimum required interior side yard width abutting any portion of the second storey from 2 metres to 1.8 metres and to increase the maximum permitted eave projection into the required interior side yard from 0.5 metres to 0.7 metres to permit the construction of a second storey addition to an existing single storey single detached dwelling located at 320 Lyndeview Drive, be GRANTED. Carried 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.

16 ITEM 2: Public Hearing A/62/12 DONALDSON, GEORGE 21 Carroll Street An application has been received from DONALDSON, GEORGE for a variance from the provisions of By-Law The application is for permission to reduce the minimum required interior side yard setback to the closest point (the edge of the roof overhang) of an accessory structure from 0.6 metres to 0.1 metres to recognize an existing accessory structure (BBQ shelter). The subject property is located at 21 Carroll Street and is zoned Residential (R2A). IN SUPPORT OF APPLICATION IN OPPOSITION OF APPLICATION George Donaldson Owner/Applicant ALSO IN ATTENDANCE David Klie 24 Carroll Street The Chair introduced the application and asked if anyone would like to speak to the subject application. G. Donaldson introduced himself as the home owner and stated that he had nothing to add to the Chair s introduction. J. Visser asked if rain or snow would fall off of the roof of the BBQ shelter onto the neighbouring property to the north. G. Donaldson stated that rain and snow falls on the subject property. He explained that he has also installed a drain pipe running from the back of the lot to the front along this side of his property. J. Visser asked if there was enough room to construct an eavestrough along the north edge of the BBQ shelter.

17 G. Donaldson stated that there is not much room for an eavestrough. He does not think this is necessary as the neighbouring property to the north is approximately four inches (10 cm) higher than the subject property and water drains from the BBQ shelter onto his property. J. Visser asked if the applicant has had any issues with the neighbour to the north regarding the construction of the BBQ shelter. G. Donaldson stated that he believes it was the neighbour that filed the complaint about the structure in the first place. Prior to tonight s meeting a letter was delivered to the applicant from the neighbour to the north, advising that they have no further issues with the BBQ shelter. G. Donaldson showed the letter to the Committee members. The Chair asked if there was anyone from the public who wished to speak to the subject application. D. Klie addressed the Committee and advised that he lives across the street from the applicant. He is not opposed to the requested minor variance. D. Klie stated that the notice he received peaked his interest and he believes the term existing used in the notice is quite vague. He stated that no one can make a decision on the application unless they know when the structure was constructed. He works in the enforcement field and does not like the term existing. He stated that is necessary to know exactly when the structure in question was constructed in order to make a decision. The Chair read out the cover letter from file A/62/12 which was submitted by the applicant with the application. The cover letter states that the posts and services have been in place for 17 months and that the roof was added in June The Chair also stated that due to the size of the structure a Building Permit is not required. Moved by: J. Visser That the application for permission to reduce the minimum required interior side yard setback to the closest point (the edge of the roof overhang) of an accessory structure from 0.6 metres to 0.1 metres to recognize an existing accessory structure (BBQ shelter) located at 21 Carroll Street, be GRANTED subject to the following condition: 1. That the minor variance only applies to the existing 3 m² accessory structure which has a 0.1 metre setback from the northerly interior side lot line to the closest point (edge of the roof overhang) and a setback of 0.46 metres from the northerly interior side lot line to the posts.

18 Carried 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.

19 ITEM 2: Public Hearing A/63/12 BEASLEY, BRENDAN AND PATRICIA 86 Bayberry Court An application has been received from BRENDAN and PATRICIA BEASLEY for a variance from the provisions of By-Law The application is for permission to increase the maximum permitted lot coverage from 40% to 45% to permit the construction of a one storey sunroom addition. The subject property is located at 86 Bayberry Court and is zoned Residential (R3A*). IN SUPPORT OF APPLICATION IN OPPOSITION OF APPLICATION Jonathan Reinberg - Agent Brendan Beasley - Owner The Chair introduced the application and asked if anyone would like to speak to the subject application. J. Reinberg addressed the Committee in support of the subject application. He stated that he works for Better Living of Toronto and the home owner, Brendan Beasley is also present. The owner is asking for permission to construct a one-storey unheated sunroom to the rear of the existing dwelling. He clarified that the lands abutting the subject property to the rear (west) are currently vacant and zoned commercial. The home owner has spoken with his immediate neighbours and these neighbours have stated that they have no issues with the proposed construction. J. Visser asked if the sunroom would be completely enclosed and if it would have a door leading to the rear yard. J. Reinberg stated that yes the sunroom will be completely enclosed and it will include a door leading to the rear yard. S. Haslam asked about the foundation of the proposed construction. J. Reinberg explained the details of the proposed construction.

20 B. O Carroll asked the applicant if they plan to construct a deck in the rear yard next to the sunroom. B. Beasley stated that he is undecided but understands a building permit may be required depending on the type of deck to be constructed. Moved by: B. O Carroll That the application for permission to increase the maximum permitted lot coverage from 40% to 45% to permit the construction of a one storey sunroom addition located at 86 Bayberry Court be GRANTED subject to the following conditions: 1. Prior to issuance of a building permit for the sunroom addition, the applicant can demonstrate that the approved drainage pattern will be maintained and; 2. The site grading and all other services conform to the requirements of the Public Works Department. Carried 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.

21 ITEM 3: Approval of Previous Minutes Moved by: J. Visser That the minutes of the Committee of Adjustment held on October 11, 2012 be adopted. Carried ITEM 4: Other Business There were no items raised under other business.

22 ITEM 5: Adjournment Moved by: J. Visser That this meeting of the Committee of Adjustment be adjourned. Carried SECRETARY-TREASURER CHAIRPERSON