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Home My WebLink AboutSeptember 8, 1999�,N or qn � � � MINUTES ot Ihe 12th meettng ot ihe Committee of Adjustment held In t6e Committee Room otlhe Pickering Civic Comples on Wednesday, September 8,1999. PRESENT: Mr. Carl Young (Chairperson) Mr. K. Ashe Mr. M. Hollend Mr. R Johnson Mr. P. Whitc AGSO PRESENT: Mr. R. Taylor, Assiatant Sccrefary-Trcasurcr hirs. F. Niro, (Acling) Secretary-Trcasurcr The meeting convened at 7:05 p.m. in the Main Committee Room of ihe Civlc Complex. 1. MATTERS ARISING FROM TIIF. MINUTES There were no mattero ariaing from fhe minulea. 2. OTfIER BUSINESS Mr. Young, on behalf ot ihe Committee, ezprc��eJ hi� be�t wishes to Mr. Jeffrey Cole on his new endesvon and welcomed M11r. Ron Taylor to the Commiticc. 3. ADOPTIOIY O� MiNUTES MOTIOIV: Moved by Mr. Johnaon, aeconded by Mr. Holland anJ carried unanimously - That fhe minutes of the Ilth roeeting of the Committce of Adjusimcnt hcld August 18,1999, be adopted. 4. P/CA 59/99—A. Crfbb & D. Stewart Lat 1066, Plan M-15 also known ss 710 Hewaon Drive Town of Plckering The appiicants requcat relief from Section 5.19(b) of By-law 2520, as amendcd lo permtt the eatabUahment of a minimum 0.6 of a metre actback to be provided by a prapo�cd detached garage on the subject property, whcrcae Ihe zoning by-law requires all accessaty alructures greater than 10 ayuare metrca tn alze and/or greatcr than 1.8 metrca in height to be located a minimum of 1.0 metre from any lot Itne. The applicante requcat approvel otthi� variance in order to canatruct a propo�cd detached garage, appro:imAtely 4.9 metres by 6.7 mefrPe in aizc, wifhin thc rcar yard ot Ihe aubjcct property, a minimum of 0.6 of a metra from the north aidc lot Iine. 77 T6e AeaUtant SecretAry•Treasurer ouf8ned commenla rcccived from the Town of Pickering Plwaning UepaHment. Mro. Cribb & Mr. Stewart, owners, wcre prcaent !o represen! the application. No further repraenlAfion wa� preaent in favour af or in objecUon to the epplicatfon. Mr. White a�ked the applicant what would be the primary uae ot the gara6e. Mr. Slewart replfed that he owns a historical vehicle which he would like to atore in the garagc. Thc vehicle i� diflicult to maneuver and that he would Iike additionel room for casy access to the garage. DECISION: IYtoveJ by Mr. Holland, seconded by Mr. White and carricd unanimously that- this appBcation P/CA 59/99, by A. Cribb & D. Stcwart as outUneJ, bc APPROVED on the grounds lhat the proposed 0.6 of a metre setback provided by a praposcd detached garage on the subject property is minor in nature, desirable tor the appropriatc Jcvelopmcnt of the land, and in keeping with the general intent and purpose of ihe Official Plan, nnd Ihc Zoning liy-law, aubject to ihc following condilion�: Thaf Ihie variance apply only to a dctachcd garagc, n maximum of 4.9 metres by 6.7 metrca in sizc, as generally located on thc epplicants' submitted plans with Ihis application. 2. That thc applicant obtain a builJing permit, and canstruct, Ihc proposed detachcd garagc wilhin 2 ycaro ot thc dalc of Ihis dcc(sion, or thc appror•ai of this varlancc shall bccomc null and vaid. 5. P/CA 60/99—C. & A. Iluyer Part Lot 90, Plan 1051 also known es 1941 Donita Avenue Town of Pickering Thc applicants rcqucst rclicf from SecUon 9.2.3 af Qy-law 3036, a� amended, ta permit the establishment of a minimum east side yard widlh of 0.45 of a metrc to be provided to a covered porch attached to ihe existing Jwclling on the tuture rctatned lot, whercas thc zoning bylaw requires a minimum side yard widlh ot 1.8 metres. The applicant� requcst approval of this variancc in ordcr to facilitate ihe intcnded severance. The Assiatant Secretary-Trcasurer outltncd comments reccivcd from the Town af Pickcring Planning DepaHment. Written comments were elso receiveJ frotn Mr. & Mrs. Salvagne of 1927 Bonfla Avc,, in oppoaition to the applicaHon. Mr. Huyer, owner, was present to represent thc applicalion. No fuHhcr repreaentatton was pre�ent in tavour qf or in objecflon to the appllcalian. hlr. Iluyer indicated that fhe porch is integnl to the design of thc house. Mr. Taylor atefed that thc proposed acvcrence woulJ camply with thc lot Gonfagc requfrement� otihe zoning bylaw. Mr. Whfte commented that the porch i� not encloacd and that ihcre i� ample lendscaping, 78 Mr. Hollond atqted thAt de would otpreferred Mr. & M.�e. SalvagnA preient rt the meeting to give cloriticatlon to aome otthe Isauea Addreaaed in iheir letter of obJecHon. Mr. llolland atpfed t6Af it the vwriance were to be approved that it would not aet a preceJent for tuture ppplicanfs. DECISION: Moved by Mr. Flollend, acconded by Mr. Johnaon and carricJ unanimou�ly that- thia appllcation P/CA 60/99, by C. & A. f{uyer , as outlined, bc APPROVED on the grounds that thc cast side yard width variance of 0.45 of a metrc prov(ded ta the covered porch attached to ihe e:isting dwelling on the future retained lot is minor in naturc, desirable for the apprapriate devclopment of the land, and in keeping with the gencral Intent and purpose of ihc O�c(al Plan and the Zoning Dy-law, subject to ihe following condittone: 1. That this variance apply only to ihe covered porch attached to thc existing dwelling on the subject property an the date of this decision, providing a minimum cast sidc yard wiJth ot U.aS af a metrc to u futurc cast property linc. 2. That the arplicanl obta{n approval at a land sevcrance application to sever the subject properfy inlo two lots tronting onto Donita Avenue, end have the resultant deeds stamped, wilhln twa yean of Ihe dalc of this decisian, or ihe cast side yard w1Jlh variance �hall becomc nuli and voiJ. 6. P/CA 62/99 — E. & T. Aralhoan Sauth Part of Lot 18, Concc�ilon 2 also known as 215513rock Road Town of Pickering The eppllcant requcsts relicf Gom Section 5.(t)(b)(i:)A af amending Eiylaw 2787/88 to Zoning By-law 3036, as amended, a� furlher amenJcd by By-1aw2863/88, to permit a mesimum of 50 children to attenJ the exisling daycare facility on the subject IanJs at any one time, whcrcas the zoning bylaw Itmit� the maximum number of children permiftcd lo aftend all day nuryerics esfablished on the subject land� to 45 children at any one time. The applfcants requcst approval ot tl�is variance in order lo ellow five additional chilJren to attcnd ihe e;cisting daycare facil(ty on the subject lands at any one tlmc. The Assistant Secretary-Trcasurer autlined commenis reccived from thc Town of Pickcring Planning Departmcnt. Ms. Sacha Ciarke, agent, wa� prescnt to represent the opplicalion. No furthcr represcntallon was present in favour otor in objcction to the applicaHon. Mr. Johnaon made comments that !he faclUty has been in good standing with the Town aince 1988 and that he is in support of the application. DECISION: Moved by Mr. Johnson, seconded by Mr. Ashe and carrted unanimausly that- Ihis application P/CA 62/99, by E. & T. Arathoon, as outlined, bc APPROVED on thc grounda that the propoacd variencc to allow a maximum of 50 chfldren to allend fhc e:ieting deycare facilfty on the aubject Isnds at any one timc i� minor In naturc, Jesirablc for the appropriate developmeot and u�c at thc landa, and in kecptng wilh thc gencral intent and purpose of the Oftictai Plan, and thc Zoning Dy-Iaw. 79 7. P/CA63N9—L.&RWilWneon Lot 80, Plan 40M-1257 al�o known ra 2033 Cedarwoad Court Town of Pickering The applicant requeata rcUet from SccUon S,B.2,(Q of amending By-law 1267/81, to Zoning Bylaw 3036, as amended, to permit Ihe conlinuance of a minimum rcar yerd depih of 6.0 metre� provided to the existing deck, with stairo, on ihe subject property, and to permit the eatebl(ahment of a minimum rear yard depih of 4,0 metres ta be provideJ to a reconstructed, partially covered and enclosed deck, with stairs, attached to the rear ot ihe eii�Hr,� d�velling on ihe subject property, whereas ihe zoning by-law requires a minimum rear � uru depth of 7.5 metres. The appl�:ant� request approval ot these variancca in ordcr to bring the exisHng Jcck, wilh stain, into compliance wilh fhe provisions of the zoning by-law, and to allow the epplicant to obtain a building permit to reconstruct ihat existing deck by expanding the iloor arca, covering and enclosing a portion of that deck, and relocatinR lhe existing slain to the norlh side of fhe resultant deck proposed on the eubject property. The Assistant Secretary-Trcasurer outlined comments rcccived Gom the Town of Pickcring Planning Depertmcnf. Mr. Wilkinaon, owner, was present to represent Ihe application. No furthcr representalion was present in favaur af or in objectian to thc r.i�plication. M1tr. Wilkinson adviscd ihc Committce ihat he was unaware that Ihc exi�tmg deck and Ihc Jcsign of the addition wcrc in violation ot thc zon(ng by-law. Thc buildcr ot the esisting dcck did not construct Ihe deck in compliance wilh ihe by-law. Mr. Ashc asked Mr. Taylor why ihc voriancc for lhc addilion did nnt rccetvc full endonemenf trom the Planning Department. 11tr. Taylor ataled ihat thc exisling deck is already quite largc and that thc Planning Department normally would not 9��on construction ota dcck thaf size. Mr. White asked lhe a�plicant it he had ihe opportun(ty to apeak with ncighbours with respcct to the variunce. Mr. Wilkinson atatcd thaf he did apcak to abutting ncighbours and they indicated that Ihey have no objecfion lo the variancc. Mr. Wilkinson also adviscd thc membcro that Ihe reason for a widcr deck is to accommodate a whcelchair. �ir. fiolland stated Ihat due to ihe pie shape of ihe lot and that it backs onto grcen space, the impact ot a reduced rear yard would be reduced and he urged ali members fo suppoH the applicalloo. DECISION: Moved by Mr. Nolland, seconded by Mr. Johnson and carrled unenimously that• ihis eppllcalton P/CA 63/99, by L. & R Wilkinson, as outlined, be APPROVGD an Ihc grounds that ihe 6.0 metre minimum rcar yard depth provided to the ezisting Jeck, with atain, and the 4.0 metre minimum rear yerd depth provided to the proposed recanstructed, paNially covered and encloaed deck, w(th stairo, attached to the rcar of ihc ezieting dwelling on the aubject property are minor in nature, desirable for the appropriatc development ot the lend, and in kecping with thc general intent end purposc of thc Ofticial Plan, and the Zoning Dy-law, sabjcct to thc following conditlona: 1. That Ihi� variance apply only to the deck, wilh statro, existing on lhe aubject properfy an ihe date ot this decl�(on. 80 2. Thpt fhu varionce appliea only fo the propo�ed recoa�tn�cteJ, p�rHally covered Aad encloaed deck, with atrin, providtng � minimum rwr yrrJ depih of 4.0 r,�etrea, As generally oiUlined on the pppUcrnt'a plAne eubmilted wit6 this applicpftoa. 3. Tl�at Ihe proposeJ covered, and enclosed gezebo etructure not e:ceed 4.7 mcires ln width, and 6,0 metres in depih. 4. T6at the proposed reconstructed ileck, wilh atalro, not e:cecd 6.4 metres in widfh, and 6.0 metre� in deplh. 5. That the applicanla obtain a b�illding permit trom ihe Town's BuiIJ(ng Department, and cunstruct, the praposed devclopmcnt, within hvo years ot ihe dete of this decision, or the approval of this variance shall bccome null and void. 8. P/CA 64/99 — M, & J. Frazer Lot 34, Plnn M•20 also known as 893 VicW Drive Town of Pickering The applicants request reliettrom the following provi�ian� o( Dy-law 2520, as amendcd: SecNon 7.2.3 to permil ihe establishmcnt of a minimum rcar yard depth of 5.6 metres to bc provided to a propoacd garogc addilion allachcd to thc rear of Ihe c:isting dwcll(ng on ti�c aubject property, whercas the Zaning Dy-law requires a minimum rear yard Jepth of 7.5 mefres; SecNon 6.5(c) to permit thc c�labli�hmcnt of a min(mum Ilankagc stdc yard wiJih of 6.1 melres proviJed to a propased garage adJition attached to lhe rear of the c:isting dwclling on the subjcct property, and to permit thc continunncc of a minimum Oankagc side yatd wiJlh of 7.18 mclrea providcd lo Ihe existing dwclling on ihe subjcct property, whereas thc Zoning Dy-law requirca a minimum tlankage side yard width of 7.5 mclres when the main entrance to the dwclling unit facc� thc Ilank of the lot in an "RM1" zonc. Thc applicants requcst approval af thcsc varianccs in orJcr to bring thc subjc:t property into compliance with lhe pruvisiona of ihe zoning bylaw, and lo allow ihe epplicanis to obfain a building permit to construct a proposed 6.7 mclrc by 6.1 melre one-slorcy doublc car garage attached to the rrar of fhe existing dwclling on the subject property. The A�sistant Secretary-Treasurcr outlined commcnts received trom ihe Town otPickcring Planning Departmenf, Wriften comments wcre reccived from owners residing at 732 and 745 Westshore Blvd., stafing no objection to lhe applicatton. Mr. Ken Spalding, agent, waa present to represent the applicat(on. No furlhcr repreaentation was present in favaur of or in objection to fhe epplication. Mr. Spalding advWed ihe membero that ihe applicants are an older couple and wtah to construct the garoge primarily for aecurity rea�onc. 81 . ... ,, , ;}� DECISION: Moved by Mr. W6(te, eecoaded by Mr. Hollpnd wn.il arrted uarnimouily 16�t- t6W applicotion P/CA 64N9, by M. & J. Fruer , a� autlined, bo APPROVED oa Ihe grounde Ihpt t6e propoaed 7.18 metrc aad 6.1 metre minfmum Aai�lsge eide yard width, and propo�ed 5.6 mehe minimum reAr ynrd deplh, rre minor in n9lure, deeirable for Ihe �pproprirte developroent of ihe land, and h� keeping with the genera� intent and purpose of t6a OtOcial Plaa, pnd Zoning By-laH, au6ject to Ihe tallowing conJitiune: 1. T6at t6e prapoeed 6.1 metre minimum 1lankage eide yrrd width end pr�poaed 5.6 metre minimnm rcar yard deplh variances apply oniy to ihe propoaed one-atorey garage addition to Ihe rear ot the e:isting dwelling on the aubject property, as generally outitned on Ihe applicant's submitted plan with this appllcaHon. 2. ThAt the proposed one-starey, hvo•car garage addition not excced 6.7 metres in depth and 6.1 metres in wiJth. 3. T6at ihe applicanfs' obtain a buildiog permit trom the Town's Build(ng DepaNment, And consirucl, the proposcJ garage addiUon, withio two yxero cf t6e date of t6is decieion, or the appraval ot this vertancc ahall become null and void. 9. P/CA 65/99 — G. & S. McKissock Lot 1, Plan 40M-1379 el�o known ea 1699 Mwjor Oaks Road Town of Pickering The Applicaot requcsts reltet from Seclfon 5.(i)(b)(vi) of amending By-law 1976/85 to Zooing Ry-luw �036, ne amcndc�J, to permit thc eatabli�hment ot a minimum rear yarJ depih of 5.0 metrca to bc provided by n proposcd sunroom additton altached to the rcar of ihe eat�ting dwelling on ihc eubject property, wherea� thc zuning by-law requirer a minimum rear yard dcpth of 7.5 metres; Tha applicant� requeat approval ot thi� variance in order to obtain a building perm(f to con�truct a propoaed aunroom addition, appro:imately 13.0 aquare metre� in �ize, lo the rear otihe existing dwelling on the aubject property. The Aastatant Secretary-Treasurer outlined comments received from the Town otPlckering Planning Departmenf. Mr. Steve Abbey, ageat, was present to reprcaent ihe applEcalion. No furlher repreaentation was present in favour ot or ln objection to ihe application. Mr. A.bbey advi�ed the membcro that the applicants w(�h addilional living srea. DECISION: Movcd by Mr. Johnson, aeconded by Mr. Hollnnd and carrled unanimouely IhAt- IhG applicatton P/CA 65/99, by G. & S. McKi�eock, aa out8ned, be APPROVED on thc grounda that ihe propoaed S.0 mefre minimum rear yard depth provided by t6c prapased aunroom addition te minor in nature, desirable for the approprlafe developmenf ot Ihe land, and in keeping with the general intcnt and purpoae ot the O(ticial Pf¢n and Ihe Zonin� By-law, aubject to the following canditiona: s2 1. Th�t fhte vrr(ance �ppBea only to the propoeed onretorey, m�:imum 13A �quare metre eunroom additlon, provid(ng a miniroum rear ywrd depth ot S.0 mefrca, as generally located qod outliaed In tde appllcanta' eubmltted plpaa wit6lhU applicwHop. 2. Th�t the rpplicaata obfa(n a build(ng permit and conatruct Ihe proposed onaatorey euoroom additioa within two yeare ot the date of thb decieion, or ihe approval of Ihis variance adall become null and votd. 10. P/CA 66/99— F. &!. Moltoaro Lot 4, Plaa 282 alea known aa 1812 Waodview Avenue Town of Ptckering The applicaat requeata rellet from Section 5.18(d) ot By-law 3036, as amended to permit the establi�hment ot mtnimum north and south aide ysrd widlhs of 1.2 metrea to bc provided to a two-aforey defac6ed dwelling proposed fo be conatructed an the subject land�, wherese the zoning by-law requires minimum side yard wiJth� of 1.5 metrca to be provided where a garage is erected a� part of a detached dwelling. The applicanta requeat approval ot theae varisnces 1n order to obtain a building permit to caoetruct a particular twaetorey detached dwelling, wilh an altached garage, an thc eubject property. The Aaalatant Secretary•Treaeurer oullfneJ commenls reccived from the Town af P(ckcring Plaaning Depertment. Writtcn comments were Alao reccived from Gefl Skldmore and Scott Dlackburn ot 1808 end 1806 WaoJview Avenue, in oppositton to Ihc application. Mr. Ceaa� Molinaro, agenf, was prc�ent to repreacnt the epplicafion. No furlhcr representatton was preaent in tavour of or tn objecHon to Ihe appiication. Mr. Molinaro aaked fhe Commilfee if thcy may defcr the applicallon to the next meeting so that thc applicant can modify ihe applicotion. DECISION: Moved by Mr. Johnson, seconded by Mr, flolland and carricd unnnimously thot- thls applicallon P/CA 66/99, by F. & I. Molinaro, a� outllncJ, be DEFERRED to ihe nc:! Committee otAdjustmenf mceting of Scptember 29,1999. MOTION CARRIED 11. P/CA G7/99—J. & K. McConnachie Lot 643, Pian M-18 al�o known aa 725 Breezy Drive Town otPlckering Tde eppitcant requeata reitet from Section 7,2.3 0[ Hylaw 25I0, aa amended, to permtt thc rstablGhment at e minimum 0.9 of a metre weat aidc yard widlh to bc providcd by a propoaed gange aftached to the west aide of the exi�ling de7echcd dwelltng on the eubject property, whereae the zoning by-law requlrea a minimum interior ilde yard width ot 1.5 metrea. 83 _.', The �pplicanta rcqueet �pprovd ot tdia varisnce in order to obtdn � bulldfng permit to conafrucl � propo�ed �tl�cded g�nge, ApprnxfmAtely 42.4 �quwre metrea In �iu, to Ide wat aide otthe ex4+Hng dwelling oa ihe aubject property. Tde A�si�taot Secretary-Treaaurer ouliioed commente received from the Town of Pickering Plrnning Dcpartmenf. Mr. McConnrchie, owner, wpe preaent to repreaeat ihe application. No turiher represenfatioa wa� presenf in tavour ot or io obJecfion to Ide applicntion. Mr. McConnAC6ie etated that he wishes to keep the proposed width ot the garoge ao it would Appear to be proportioned with Ihe eiieting home. Mr. White commeoted on the lengih ot the garage. Mr. McConnac6ie atated that the garage would accommodate two vehicles nnd that the west abutting neighbour Is in full aupport of the application. DECISION: Dloved by Mr. Young, aeconded by Mr. A�he and carried unenimously that- ihi� appUcation P/CA 67/99, by J. & K. McConnAChie, as outlined, be APPROVED on the graunda ihat ihe propoaed minimum 0.4 ot a metre weat �ide yard widl6 variance is minor ia nature, deairable tor ihe appropriate developmeot af the Iands, and in keeping with the general intent and purpose ot ihe Zoning Bylaw and Official Plan, aubjecl to ihe tollowing candittons: 1. That Iht� variance apply only to thc proposed atlacheJ garage addifton providing a minimum wat aide yard wiJth of 0.9 ot a metrc as gencrally oullined on Ihe applicant'a �ubmiticd plans with ihi� appUcelio�; 2. That the propoaed attached garogc not eicceJ 3.7 mclres in widlh, and not e:ceed 11.6 metres in deptd. 3. That the applicant abtain r builJing permit, and construct, thc propo�ed attached g�rage aJdition wilhin two yean of thc date of ihis decia(on, or ihc approval otlhis variance ahall bccome null anJ void. 12. ADJOURNMENT MOTION: Moved by Mr. Johnson, aeconded by Mr. Holiand and carrfed unanimausly ihet- The 12th meeting of the Commiltee of Adjustment be adJoumed at 7:55 p.m. and Ihe ne:t regular meeting ot t6e Comm(ttce ot Adjuatment be held on Wedneaday, September 29,1999. 'u� G. DATE � �`� `` SECRETARY-TREASURER(ACTINC) 84