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HomeMy WebLinkAboutFebruary 11, 2004 MINUTES of the 2nd meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, February 11, 2004. PRESENT: Marie Billinger Chris Braney David Johnson Eric Newton Bill Utton ALSO PRESENT: Ross Pym, Assistant Secretary-Treasurer Flora Niro, Secretary-Treasurer The meeting convened at 7:07 p.m. in the Main Committee Room of the Civic Complex. 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 2. ADOPTION OF MINUTES MOTION: Moved by Marie Billinger, seconded by Chris Braney and resolved unanimously that the minutes of the 1 st meeting of the Committee of Adjustment held Wednesday, January 21, 2004, be adopted. CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Marie Billinger, seconded by Bill Utton and resolved unanimously that the agenda for the February 11, 2004 meeting be adopted. CARRIED 9 4. PICA 6/04 - J. & B. Lalor 503 Cliffview Road Lot 9, Plan 364 City of Pickering The applicant requests relief from Section 5.19(b) of Zoning By-law 2511 to permit the continuance of the location of the existing shed with a 0.1 of a metre setback from the rear lot line and a 0.7 of a metre setback from the east lot line, whereas accessory structures greater than 1.8 metres in height shall be setback a minimum of 1 metre from all lot lines. The applicant requests approval of this variance in order to recognize the existing situation. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Fire Prevention Officer expressing no concerns. Written comments were received from an area resident in objection to the application. Mr. Lalor, owner, was present to represent the application. Also present was Dawn Bucknam of 540 Park Crescent and Shelley Hodder of 536 Park Crescent, both in objection to the application. Mr. Lalor advised the Committee that the primary use of the shed is to cover pool equipment and store furniture. He stated that he was unaware of the setback requirements when he constructed the structure in October 2003. Dawn Bucknam submitted photographs of the accessory structure and a petition from area residents in objection to the application. Shelley Hodder expressed concern that the shed would be used as a cabana which may generate additional noise in the area. She inquired as to how the applicant intends to access the structure for maintenance purposes. Discussion ensued regarding property lines. David Johnson suggested tabling the item in order to give members an opportunity to view the subject property and to determine the location of property lines. MOTION: Moved by David Johnson, seconded by Bill Utton and resolved unanimously that Application PICA 6/04 by J. & B. Lalor, be TABLED for 3 weeks. CARRIED 10 5. PICA 9/04 - Estate of James Bilow 748 Krosno Blvd. East Part Lot 1028, Plan M-12 City of Pickering The applicant requests relief from Section 8.2.3 of Zoning By-law 2520 to permit the establishment of a minimum 5.3 metre rear yard depth to be provided by the proposed sunroom addition on the subject property, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed sunroom addition attached to the rear of the existing dwelling. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Fire Prevention Officer expressing no concerns. June Jones, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Ms. Jones stated that she has advised abutting neighbours of the proposed construction and that they are in support of the application. DECISION: Moved by Bill Utton, seconded by Chris Braney and resolved unanimously that - Application PICA 9/04 by the Estate of James Bilow, be APPROVED on the grounds that the proposed establishment of a minimum 5.3 metre rear yard depth to be provided by the proposed sunroom addition 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 sunroom addition, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain a building permit and construct the proposed sunroom addition within two years of the date of this decision, or this decision shall become null and void. CARRIED 11 6. PICA 10/04 - Kevin Tait 1278 Commerce Street Block B, Part Lot 1, 2, Plan 65 (Part 2, Plan 40R-9704) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 2511: Section 10.2.1 to permit the continuance of a minimum lot frontage of 13.1 metres, whereas the by-law requires a minimum lot frontage of 15 metres; Section 6.6(a) to permit the continuance of a minimum 1.1 metre flanking side yard provided by the existing second-storey deck, whereas the by-law requires a minimum flanking side yard width of 4.5 metres. Section 6.6(a) to permit the establishment of a minimum 2.9 metre flanking side yard width to be provided by the proposed second and third floor additions, whereas the by-law requires a minimum flanking side yard width of 4.5 metres. Section 10.2.3 to permit the establishment of a minimum 4.0 metre front yard depth to be provided by the proposed second and third floor additions, whereas the by-law requires a minimum front yard depth of 7.5 metres. The applicant requests approval of these variances in order to recognize the existing situations and to obtain a building permit for the proposed second and third storey additions to the existing dwelling. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Fire Prevention Officer expressing no concerns. Written comments were received from an anonymous resident expressing concerns. Kevin Tait, owner, was present to represent the application. Also present were Terry and Mary Allen of 1280 Commerce Street and Ryan Klinger of 1280A Commerce Street, all in objection to the application. Mr. Tait provided photographs of the subject property and a petition with signatures from area residents George Malcolm of 691 Front Road, Ron & Barb Taylor of 689 Front Road, David Partridge of 692 Front Road, Lee and Jane Gray of 693 Front Road and Sharon Ireland of 679 Front Road, all indicating support of the application. 12 Mr. Allen stated that he is in favour of property improvements in the neighbourhood, but does have concerns with the following issues: lack of information from the applicant's submitted site plan (plan does not show accessory structures currently on the subject property and their setbacks); - can the current foundation adequately support the existing house and proposed additions; - visibility is a concern that the proposed additions may obscure the view of traffic. Mr. Tait outlined the uses for the existing accessory structures located on his property and provided the Committee with an Engineers Inspection Report signifying approval of the existing foundation. It was noted by David Johnson that the elevation drawings submitted by the applicant does not depict the existing situation. Mr. Tait responded that revised elevation drawings were submitted into the Building Department. DECISION: Moved by Bill Utton, seconded by Chris Braney and resolved unanimously that - Application PICA 10/04 by Kevin Tait be APPROVED on the grounds that the proposed continuance of a minimum lot frontage of 13.1 metres, proposed continuance of a minimum 1.1 metre flanking side yard provided by the existing second-storey deck; proposed establishment of a minimum 2.9 metre flanking side yard width and minimum 4.0 metre front yard depth to be provided by the proposed second and third floor additions 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 additions, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain a building permit and construct the proposed additions within two years of the date of this decision, or this decision shall become null and void. CARRIED 13 7. ADJOURNMENT MOTION: Moved by Bill Utton, seconded by Marie Billinger and CARRIED unanimously that- The 2nd meeting of the Committee of Adjustment be adjourned at 8:15 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, March 3, 2004. MOTION CARRIED i'f'j::n J' l ~I \) i ~ . DATE ~~' . .. - ~-=- . ...:..1- CHAJRl'iíb\N ~~~. SECRETARY~REASURER 14