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HomeMy WebLinkAboutAugust 15, 2012 Cali 04 Committee of Adjustment Meeting Minutes Wednesday, August 15, 2012 VOIAtiniter 7:00 pm Council Chambers Present: Tom Copeland David Johnson — Chair Eric Newton —Vice-Chair Bill Utton Shirley Van Steen Also Present: Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, August 15, 2012 meeting be adopted with an amendment to move application P/CA 35/12 so that it will be the last application to be heard. Carried Unanimously (II) Adoption of Minutes Moved by Bill Utton Seconded by Eric Newton That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, July 25, 2012 be adopted as amended. Carried Unanimously • 1 City' o0 __ Committee of Adjustment 1111 Meeting Minutes . I I" Wednesday, August 15, 2012 Ketotivor 7:00 pm Council Chambers (Ill) Reports 1. P/CA 46/12 — P. & M. Gujol 1710 Greenvale Crescent (Lot 6, Plan 40M-1402) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1837/84, to permit a rear yard depth of 5.3 metres to an existing sunroom and a lot coverage of 41 percent, whereas the by-law requires a rear yard depth of 7.5 metres and a maximum lot coverage of 38 percent. The applicant requests approval of these variances in order to obtain a building permit for the existing sunroom. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Pedrito Gujol, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 46/12 by P. & M. Gujol, be Approved on the grounds that a rear yard depth of 5.3 metres to a existing sunroom and a lot coverage of 41 percent are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the existing sunroom, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by August 15, 2014 or this decision shall become null and void. Carried Unanimously 2 • Committee of Adjustment C` Meeting Minutes Wednesday, August 15, 2012 ::................. tS1NU [ 7:00 pm Council Chambers 2. P/CA 47/12 - L. Moran 626 Park Crescent (West Part of Lot 33, Plan 331, Part 2, 40R-7555) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a front yard depth of 3.6 metres, eaves and sills to project 1.0 metre into the required yards and a lot coverage of 42 percent to a proposed 2 storey detached dwelling, whereas the by-law requires a minimum front yard depth of 5.98 metres, maximum projection of eaves and sills into a required yard of 0.4 metres and a maximum lot coverage of 33 percent. The applicant requests approval of these variances in order to obtain a building permit for the proposed dwelling. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager indicating all runoff must be contained on the applicant's property and directed towards the street as much possible. Dana Saccoccio, agent, was present to represent the application. Paul Schotemeyer of 672 Marksbury Road and Reiner Ullius of 677 Victory Drive were present in objection to the application. Dana Saccoccio explained the application and agrees with Staff recommendation. In response to questions and concerns, Dana Saccoccio indicated drainage and grading will be reviewed during the building permit process and the drainage will be contained on the subject property. She also mentioned there is already a 2 storey dwelling on the property which should not affect the neighbor's view. Paul Schotemeyer indicated concerns that the proposed dwelling will not blend in with the surrounding neighbourhood, will create super houses and block the view from his backyard. Reiner Ullius indicated concerns with the proposed dwelling and drainage onto his property as well as excavation during construction. 3 Ca 4 Committee of Adjustment � �., _ Meeting Minutes miss.;uel =�—— - Wednesday, August 15, 2012 EIII !UIE 7:00 pm Council Chambers Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 47/12 by L. Moran, be Approved on the grounds that the front yard depth of 3.6 metres, eaves and sills to project 1.0 metre into the required yards and a lot coverage of 42 percent to a proposed 2 storey detached dwelling are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed 2 storey detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by August 1.5, 2014, or this decision shall become null and void. Carried Unanimously 3. P/CA 48/12 — D. & M. De Kerpel • 1105 Ridgewood Court (Lot 39, Plan 40M-1607) City of Pickering • The applicant requests relief from Zoning By-law 3036, as amended by By-law 2864/88, to permit a rear yard depth of 5.9 metres to a proposed second storey deck, whereas the by-law requires a rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed deck. • M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Daan De Kerpel, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. 4 Committee of Adjustment O1 Meeting Minutes Wednesday, August 15, 2012 7:00 pm Council Chambers Moved by Tom Copeland Seconded by Bill Utton That application P/CA 48/12 by D. & M. De Kerpel, be Approved on the grounds that the rear yard depth of 5.9 metres is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed deck, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain'a building permit for the proposed construction by August 15, 2014, or this decision shall become null and void. Carried Unanimously 4. P/CA 49/12 - R. Koeder 661 Pleasant Street (Part Lot 1, Block D, Plan 65) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a flankage side yard width of 5.7 metres and a rear yard depth of 1.0 metre to a proposed detached garage, whereas the by-law requires a flankage side yard width of 7.5 metres and a rear yard depth of 3.0 metres: The applicant requests approval of these variances in order to obtain a building permit for the proposed garage. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. George Avramopoulos, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 5 City 4 Committee of Adjustment Meeting Minutes Wednesday, August 15, 2012 1iINUt4U [ 7:00 pm Council Chambers Moved by Eric Newton Seconded by Shirley Van Steen That application P/CA 49/12 by R. Koeder, be Approved on the grounds that the flankage side yard width of 5.7 metres and a rear yard depth of 1.0 metre to a proposed detached garage are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed garage, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by August 15, 2014, or this decision shall become null and void. Carried Unanimously 5. P/CA 35/12 — Wintser Investments Limited 415 Toynevale Road (Part of Lots 64 to 66, Part 1, Plan 40R-19738) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 1399/81 to permit a maximum of 73 children in a Day Nursery facility for the daytime care of children and a total of 300 children and students enrolled in either a day nursery or a private non-residential school at any one time, whereas the by-law permits a day nursery facility for the daytime care of not more than 40 children at any one time and a maximum total of 150 children and students enrolled in either a day nursery or a private non-residential school at any one time. The applicant requests approval of this variance in order to obtain zoning compliance to receive site plan approval. David Johnson, Committee Chair acknowledged the presence of Tracy MacCharles, MPP, Pickering-Scarborough East, Jennifer O'Connell, Regional Councillor— Ward 1, Peter Rodrigues, Regional Councillor —Ward 3 and Kevin Ashe, City Councillor— Ward 1. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. 6 Cali 4 Committee of Adjustment Meeting Minutes Wednesday, August 15, 2012 IIIi1it* t 7:00 pm Council Chambers Written comments received from Ed Wilson, owner, requesting the application be deferred until a Traffic and Noise study be produced when the Blaisdale Montessori School is in full operation. Written comments were also received from City's Engineering Services and the Ministry of Education. A petition was received signed by property owners of 90 households in objection the application. A Commitment Statement was received with 120 signatures of summer school parents at the Blaisdale Montessori School agreeing to be respectful and courteous to the neightbours surrounding the school and in the community at large. Written comments were also received from Jennifer O'Connell, Regional Councillor—Ward 1, Norma Chittenden of 504 Rosebank Road, Richard Serville of 537 Lekani Court, Alex Tsoulis of 543 Mountain Ash Drive, Ian McFarland of 380 Toynevale Road in objection to the application. In response to questions and concerns from residents, M. Yeung, Assistant Secretary-Treasurer explained the background of the application, when the application was received, the Committee of Adjustment application process under the Planning Act, Committee of Adjustment Members role and responsibilities, the Ontario Municipal Board's role and responsibilities under the Planning Act. She also explained the,comments received from the City's Engineering Services and the Ministry of Education. Lawrence Wilson, agent, was present to represent the application. He explained that a written request has been submitted to the City for a deferral until an independent traffic and noise study is completed when the Blaisdale Montessori School is in full operation. They anticipate that the studies should be available early October. Alex Tsoulis and Richard Amero of Mountain Ash Drive, Ian McFarland, Andy Emmink, Heather Wilkinson-Little, Marie Robinson, Carol & John King, Tony Prekas, Maureen Moosie, Catherine Coghlan and Elio Violo of Toynevale Road, Laura Kerr of Rosebank Road, Margaret Barnett, Pat Smith and Ruth Forfar of Oakwood Drive, Richard Serville, Teresa Bunting and Janice Mitchell of Lekani Court, Joseph Beckett of Frontier Court were present in objection to the application. Alex Tsoulis spoke on behalf of many residents that were present in objection to the application. Alex Tsoulis indicated the application should go to Council as this is a major variance and not minor variance, Ministry of Education categories private schools as businesses which are therefore unregulated by the Ministry of Education and not inspected by the government, he reiterated the need for proper traffic and noise studies due to the major impact they have on the 7 oq Committee of Adjustment Meeting Minutes Wednesday, 15,August 15 2012 7:00 pm Council Chambers surrounding neighbourhood, and compared the Montessori school site with Rosebank Public school site. Surrounding the Rosebank public school, there are crosswalks, school crossing signage and sidewalks on both sides of the street for children safety, whereas the Montessori school does not have crosswalks, signage, or proper sidewalks. Alex Tsoulis expressed concerns that the buildings are extremely close to houses surrounding the property, small play ground area, the number of children and that the applicant's request for a deferral is by means a method for the applicant to start the upcoming school year with an enrollment number above the Zoning by-law permission. Andy Emmink expressed concerns for the safety of the children at this facility and if the application is deferred it will allow the Montessori school to operate illegally until a decision has been made. Andy Emmink also explained that under the Day Nursery Act reference checks on teachers are required bi-annually, whereas based on his investigation, no reference checks by the Montessori school have ever occurred. John King indicated the City's 2010 traffic counts on Toynevale Road is inaccurate because traffic sensors were set up east of the school site rather than west of the school site and conducted on a Tuesday, Wednesday, Thursday a week before the Montessori school year started. John King expressed concerns with the length of time it takes to exit his driveway during peak times. Richard Amero indicated concerns that the increased traffic during peak times is very disruptive, safety in and out of the neighbourhood and questioned if the Montessori school has a safety plan in place in the event of an emergency. Richard Amero noted there are traffic sensors currently on the road set up for the 2012 traffic counts and would like to see them placed west of the Montessori school entrance to get a true count of vehicles coming in and out of the site. Ian McFarland indicated he would have no problem filming the amount of traffic coming and going on Toynevale Road and submitting it to the City to review. Richard Serville indicated this application is not minor but a major variance. Richard Serville expressed concerns with the building being too close to the property line, the Ministry of Education grandfathered provisions and the City's lack of responsibility in reviewing and considering noise impacts. • 8 Cali 4 Committee of Adjustment • Meeting Minutes Wednesday, August 15, 2012 I og Committee of Adjustment Meeting Minutes i0 IM.� — Wednesday, August 15, 2012 7:00 pm Council Chambers Moved by Tom Copeland Seconded by Bill Utton • That the request from Wintser Investments Limited to defer the application to allow time for a independent Traffic study and a Noise study to be produced by the applicant when the Blaisdale Montessori School is in full operation be Refused. The Committee discussed the motion and concluded the motion was out of order. Moved by Eric Newton Not Seconded That application P/CA 35/12 by Wintser Investments Limited, be Deferred to allow a Traffic and Noise study to be completed by both the Applicant and the City by the end of October 2012. Tom Copeland, Committee member, provided his written comments and opinion on the application and his written reasons for his recommendation. The Committee Chair adjourned the meeting in order for the Committee Members to review the document submitted by Tom Copeland. The Committee adjourned at 9:45 pm. The Committee reconvened at 10:05 pm. Tom Copeland requested that his written comments and opinion on the application and his written reasons for his recommendation be submitted into the file. Moved by Tom Copeland Seconded by Bill Utton That application P/CA 35/12 by Wintser Investments Limited, be Refused on the grounds that the maximum of 73 children in a Day Nursery facility for the daytime care of children and a total of 300 children and students enrolled in either a day nursery or a private non-residential school at any one time are major variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. • Carried Unanimously 10 • Committee of Adjustment City °� Meeting Minutes Wednesday, August 15, 2012 7�7hvy::..sae � r.�+::1::._..........::.� --ter_—aa �3;ir 7:00 pm Council Chambers (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 10th meeting of the 2012 Committee of Adjustment be adjourned at 10:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 5, 2012. Carried Unanimously Date Chaim;` • Assistant Secretary-Treasurer 11