HomeMy WebLinkAboutMay 22, 2013Present:
Tom Copeland
David Johnson — Chair
Bill Utton
Also Present:
Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
7:00 pm
Main Committee Room
Mila Yeung, Assistant Secretary- Treasurer
Lesley Dunne, Assistant Secretary- Treasurer
Melissa Markham, Principal Planner, Development Review
Absent:
Eric Newton
Shirley Van Steen — Vice -Chair
(1) Adoption of Agenda
Moved by Bill Utton
Seconded by Tom Copeland
That the agenda for the Wednesday, May 22, 2013 meeting be adopted.
Carried Unanimously
(II) Adoption of Minutes
Moved by Tom Copeland
Seconded by Bill Utton
That the minutes of the 5th meeting of the Committee of Adjustment held
Wednesday, May 1, 2013 be adopted.
Carried Unanimously
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Cif Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
PI 7:00 pm
Main Committee Room
(III) Reports
P /CA 26/13
K. & J. Sukhra
1101 Gossamer Drive
The applicant requests relief from Zoning By -law 3036, as amended by By -law
4113/92 to permit a minimum rear yard depth of 3.4 metres to a roof extension
within the rear yard, a maximum lot coverage of 39 percent to accommodate the
existing roof extension in the rear yard, and an 8 square metre shed in the front
yard with a minimum front yard depth and flankage side yard width of 0.6 metres,
respectively; whereas the by -law requires a minimum rear yard depth of 7.5 metres,
a maximum lot coverage of 38 percent and that all accessory buildings detached
from the dwelling shall be erected in the rear yard.
The applicant requests approval of these variances in order to obtain a building
permit for an existing roof extension within the rear yard_ and zoning compliance
for an existing shed.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending approval for the
variance related to the rear yard depth and lot coverage for the existing roof
extension in the rear yard, subject to conditions and recommended refusal for an
8 square metre shed within the front yard and a flankage side yard width of
0.6 metres. The City Development Department recommends that the application
be amended to allow an 8 square metre shed be located in the flankage side
yard with a minimum setback of 12.0 metres from the front lot line and a flankage
side yard width of 0.6 metres, subject to conditions.
Written comments were also received from the City's Development Control
Manager and Chief Building Official both expressing no concerns.
Pasha Afshar, agent, and K. & J. Sukhra, owners, were present to represent the
application. Sally Gajraj of 1106 Gossamer Drive was present in favour of the
application. Luigi & Nancy Morra of 1100 Pine Glen Drive and Peter Bonfiglio of
1122 Pine Glen Drive were present in objection to the application.
Pasha Afshar explained there is an existing roof extension within the rear yard
and it will be removed and the proposed roof extension will be approximately two
feet smaller than the existing. In response to questions from a Committee
Member, Pasha Afsher indicated the existing posts will be removed and replaced
with metal posts and the roof extension is covering a concrete pad.
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Sally Gajraj indicated-the subject property is well maintained and does not have
a problem with the shed being located in the front yard.
Luigi Morra expressed concerns with drainage onto his property and the location
of the shed in the front yard.
Peter Bonfiglio expressed concerns with drainage affecting surrounding
properties and building without a permit.
In response to questions from a Committee Member, M. Yeung, Assistant
Secretary- Treasurer explained the building permit process which assesses
drainage to ensure it is self contained on the property and is not aware of any
other complaints reported regarding drainage.
Moved by Bill Utton
Seconded by Tom Copeland
That application P /CA 26/13 by K. & J. Sukhra, be Deferred until the next
meeting in order to give the Committee Members an opportunity to visit the site.
Carried Unanimously
2. P /CA 27/13
G. Modica
481 Oakwood Drive
The applicant requests relief from the following provisions of Zoning By -law
2511, as amended:
• to permit a minimum south side yard width of 0.9 metres to a proposed
attached garage; whereas the by -law requires a minimum side yard width of
1.5 metres
• to permit a minimum flankage side yard width of 1.9 metres to a proposed
covered entrance and to recognize a flankage side yard width of 1.3 metres
to an existing two- storey detached dwelling; whereas the by -law requires a
minimum flankage side yard width of 4.5 metres
• to recognize a south side yard width of 0.7 metres to an existing two storey
detached dwelling and to an existing uncovered rear deck; whereas the
by -law requires a minimum side yard width of 1.5 metres
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Committee of Adjustment
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• to recognize a rear yard depth of 0.7 metres and a flankage side yard width of
0.7 metres to an existing shed on a corner lot; whereas the by -law requires a
minimum rear yard depth of 3.0 metres and a minimum flankage side yard
width of 4.5 metres for all accessory buildings located on a corner lot
The applicant requests approval of these variances in order to obtain a building
permit to construct a covered entrance within the side yard and an attached
garage within the front yard, as well as to obtain zoning compliance for the
existing dwelling, uncovered rear deck and shed.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending approval subject
to conditions. Written comments were received from the City's Development
Control Manager and Chief Building Official both expressing no concerns. Written
comments were also received from Carolyn & Paul Sweenie of 473A Oakwood
Drive in objection to the application.
Vince Modica, agent, Guiseppe Modica, owner, were present to represent the
application. Sal Modica was present in favour of the application. Robert &
Sharon Van Shaik of 478 Oakwood Drive, Thomas Martin & Michelle Mitchell of
477 Oakwood Drive, Doreen Brown of 475 Oakwood Drive, Brendan Donnelly &
Vera Isachenko of 479 Oakwood Drive and Dan Drummond of 482 Oakwood
Drive were present in objection to the application.
Correspondence received from Carolyn & Paul Sweenie expressed concerns
that the subject property is a corner lot and the visual obstruction the proposed
garage will have for vehicles approaching the stop sign at Staghorn Road and
Oakwood Drive, safety of pedestrians due to potential traffic hazard and the
siting of the garage in front of the existing home is unappealing. Carolyn & Paul
Sweenie questioned if the proposal is for an attached or detached garage, the
visual details in comparison to the surrounding neighbouthood, and will the face
of the garage be in line with or extend further than the existing home to the south.
In response to questions from concerned neighbours Vince Modica explained the
house has no garage, there are several trees on the property that have to be
preserved and the proposed garage is not able to be located in the rear yard
because there is not enough space. Vince Modica also indicated the dwelling is
registered as a 2 -unit dwelling with the City.
Sal Modica explained the proposed garage will add value and blend in with the
home and surrounding neighbourhood. Sal Modica also indicated the zoning
issues are a result of the new street Staghorn Road.
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Committee of Adjustment
Meeting Minutes
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Main Committee Room
Robert & Sharon Van Shaik expressed concerns the proposed attached garage
will negatively impact the surrounding area, decrease property values and feels
the garage can be located in the rear yard off of Staghorn Road.
Thomas Martin & Michelle Mitchell expressed concerns with the location of the
proposed garage and feels it could be located in the rear yard out of the way.
Doreen Brown expressed the same concerns as her surrounding neighbours with
the location of the proposed garage and feels it could be located in the rear yard
out of the way.
Brendan Donnelly & Vera Isachenko expressed concerns the height of the
proposed garage that it may turn into living space and feels a single car garage
would be better suited for the subject property. A photo was submitted for the
Committee to review and questioned where the proposed garage is going to be
located and how many metres it will project outwards from the front main wall of
the house.
Dan Drummond indicated there have been lots of changes in the neighbourhood
with large homes being built and he feels the neighbourhood is becoming over
developed. Dan Drummond expressed concerns with the proposed garage
having a negative visual impact and the affect it will have on the surrounding
neighbourhood.
Moved by Bill Utton
Seconded by Tom Copeland
That application P /CA 27/13 by G. Modica, be Deferred until the next meeting in
order to give the Committee Members an opportunity to visit the site.
Carried Unanimously
3. P /CA 28/13
H. & Z. Tieze
1877 Pine Grove Avenue
The applicant requests relief from Zoning By -law 3036, as amended to permit an
east side yard width of 1.0 metre to an existing detached dwelling and an east
side yard width of 0.8 metres to an existing deck in the rear yard, whereas the
by -law requires a minimum side yard width of 1.5 metres.
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Meeting Minutes
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Main Committee Room
The applicant requests approval of these variances in order to obtain zoning
compliance for a proposed land severance administered by the Region of
Durham to create a new residential lot on the east side of the existing dwelling.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending approval subject
to conditions.
Written comments were received from the City's Development Control Manager
indicating the applicant be advised that through the severance application the
City will require a preliminary grading plan that will address the placement of a
common drainage swale to redirect roof drainage that presently drains onto the
future severance lands.
Written comments were received from the City's Chief Building Official indicating
without any information on the dwelling, the Building Department cannot assess
whether or not there is any spatial separation concerns.
Written comments were also received from the Region of Durham Health
Department indicating no objections, however the lots will require either
connection to municipal services or compliance with the regional lot sizing policy.
Jakub Tieze, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Tom Copeland
Seconded by Bill Utton
That application P /CA 28/13 by H. & Z. Tieze, be Approved on the grounds that
the proposed east side yard width of 1.0 metre to an existing detached dwelling
and an east side yard width of 0.8 metres to an existing rear deck are minor in
nature 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 building and rear deck on the
proposed retained parcel, as generally sited and outlined on the applicant's
submitted plans.
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2. That the applicant demonstrates, via calculations, that the location of the
proposed new property /severance line meets the spatial separation
requirements of the Ontario Building Code to the satisfaction of the Chief
Building Official prior to receiving final clearance for a future land severance.
3. That the applicant obtains final clearance for a future land severance by
November 30, 2014, or this decision shall become null and void.
Carried Unanimously
4. P /CA 29/13
G. & J. Timleck
691 Foxwood Trail
The applicant requests relief from Zoning By -law 3036, as amended by By -law
1543/82 to permit a 0.2 metre south side yard width to an existing accessory
structure (pergola attached to a deck) not part of the main building, whereas the
by -law requires a minimum side yard width of 1.0 metre for all accessory
structures not part of the main building.
The applicant requests approval of this variance in order to obtain a building
permit for an existing accessory structure (pergola attached to a deck)
associated with an above ground pool.
M. Yeung, Assistant Secretary- Treasurer outlined comments received from the
City of Pickering City Development Department recommending refusal. Written
comments were also received from the City's Development Control Manager and
Chief Building Official both expressing no concerns.
James Timleck, owner, Jim Drakopoulos, agent, were present to represent the
application. Douglas Kutz of 693 Foxwood Trail was present in favour of the
application.
James Timleck indicated this minor variance application is only in front of the
committee because of a complaint that was filed on the height of the existing
privacy fence and accessory structure (pergola and deck) and not on the side
yard width. He further indicated that since the height of the privacy fence and
deck is below City requirements and there are no complaints regarding the side
yard width, the Committee should approve the application. James Timleck
explained if the deck was relocated or reduced in width size, it will not change
the visual impact on surrounding neighbours but rather there would be a safety
concern with the lack of space on the deck for people to pass.
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Meeting Minutes
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In response to questions from Committee Members, James Timleck advised that
the above ground pool was installed in 2011 and the deck was built in the spring
of 2012. In addition, the Committee Member questioned James Timleck for not
obtaining a building permit and whether the existing accessory structure and
deck will comply with the Ontario Building Code. James Timleck responded that
he did not know he needed a building permit as the structure is soundly built, but
he anticipates that he would have no issues in obtaining a building permit to
comply with the Ontario Building Code.
Jim Drakopoulos explained if the structure was reduced in size there will be a
safety issue and if it is relocated there will be no change on the visual impact on
the surrounding neigbourhood. The Committee Members also questioned the
agent for building without a building permit. Jim Drakopoulos indicated he was
not employed for the construction of the accessory structure.
Douglas Kutz indicated moving or making the structure smaller will provide no
change and if the structure was to be made smaller, there will be a safety
concern for the users walking on the deck. Douglas Kutz explained the existing
construction does not impact property values.
Moved by Tom Copeland
Seconded by Bill Utton
That application P /CA 29/13 by G. & J. Timleck, be Deferred until the next
meeting in order to give the Committee Members an opportunity to visit the site.
Carried Unanimously
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(IV) Adjournment
Moved by Bill Utton
Seconded by Tom Copeland
Committee of Adjustment
Meeting Minutes
Wednesday, May 22, 2013
7:00 pm
Main Committee Room
That the 6th meeting of the 2013 Committee of Adjustment be adjourned at
8:13 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, June 12, 2013.
Carried Unanimously
Assistant Secretary- Treasurer
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