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HomeMy WebLinkAboutNovember 10, 2004MINUTES of the 14th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, November 10, 2004. PRESEN~ ALSO PRESEN~ Marie Billinger Chris Braney David Johnson Eric Newton - Chair Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Bill Utton The meeting convened at 7:05 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 David Johnson, seconded by Marie Billinger That the minutes of the 13th meeting of the Committee of Adjustment held Wednesday, October 20, 2004, be adopted as amended CARRIED UNANIMOUSLY 3. ADOPTION OF AGENDA MOTION: Moved by Marie Billin~ler, seconded by David Johnson That the agenda for the Wednesday, November 10, 2004 meeting be adopted as amended. CARRIED UNANIMOUSLY 83 P/CA 54/04 - S. Gnanasekaram 2372 Denvale Drive Lot 58, Plan 40M-1512 City of Pickering The applicant requests relief from Section 5(1)(b)(vi) of Zoning By-law 3036, as amended by By-law 1975/85 to permit a minimum 5.1 metre rear yard depth to be provided by the proposed sunroom addition, 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 the construction of a sunroom addition to the rear of the existing dwelling on the subject property. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor and City's Fire Prevention Officer, both expressing no concerns. John Kewell, agent, was present to represent the application, as the Owner is out of the country. In objection to the application was Evon Morrison of 2374 Denvale Drive. John Kewell stated the sunroom has been reduced in width, length and height from the previous application presented to the Committee earlier in the year. Evon Morrison expressed concerns with the owner not around to provide upkeep of the property and that people are moving in and out on an on-going basis. Mr. Morrison has filed complaints with the City by-law for the property maintenance on several occasions. Ross Pym explained the City's property standards. MOTION: Moved by David Johnson, seconded by Chris Braney That application P/CA 54/04 by S. Gnanasekaram, be APPROVED on the grounds that the proposed 5.1 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, and therefore recommends approval of the proposed variance, 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, That the applicant obtain a building permit and construct the proposed addition within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 84 o P/CA 55/04 - Tarun Kumar 571 Creekview Circle Part of Lot 72, Plan M1017 Part 39, 40R-2520 City of Pickering The applicant requests relief from Section 5 and Section 5 (2) of Zoning By-law 2511, as amended by By-laws 4354/73 and 4470/73, to permit the establishment of a minimum 5.8 metre rear yard depth to be provided by the existing addition, whereas the by-law requires a minimum rear yard depth of 7.5 metres and to permit a maximum building lot coverage of 36 percent to be provided by the existing addition, whereas the by-law requires a maximum building lot coverage of 33 percent. The applicant requests approval of these variances in order to obtain a building permit for an existing addition attached to the rear of the existing dwelling. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor and City's Fire Prevention Officer, both expressing no concerns. Tarun Kumar, owner, was present to represent the application. Peter McMullen of 602 Creekview Circle and Kyle Middiebrook of 606 Creekview Circle were present in favour to the application. Michelle Jean of 573 Creekview Circle, Ken Koson of 563 Creekview Circle and Bill Fisher of 565 Creekview Circle were in objection to the application. Tarun Kumar stated that the addition is a mudroom and will not be used as a living space. Peter McMullen stated that the addition is well constructed. Kyle Middlebrook stated that the addition is well constructed and Tarun Kumar is a good neighbour. Michelle Jean lives to the north of the subject property. Michelle stated that she has knowledge of the Ontario Building Code Part 9, as she is a construction site superintendent. Michelle submitted some pictures to show the committee the view of the property from her residence. She is concerned with poor storage on the property, loss of privacy and the safety and method of the addition construction in term of compliance with the Ontario Building Code. Michelle Jean stated that Tarun Kumar had informed her that it was going to be a deck not an addition. Ken Koson lives to the southeast of the subject property and has expressed concerns with the process of construction, architectural change to the neighborhood, property taxes, parking on the street, and attracting small animals such as skunks and raccoons. The applicant has removed a strip of grass from their front yard to widen their driveway to provide additional parking on the property. Ken Koson also indicated that this was not a popularity contest and he also expressed concern with the staff recommendation to obtain a building permit within two years of the date of decision and he felt that it was unreasonable. 85 Bill Fisher lives to the east of the subject property and he expressed concerns with the process of construction, and the safety of the structure. Bill Fisher stated that Tarun Kumar had informed him that it was going to be a deck not an addition. Ross Pym, in response to questions, explained that there are no restrictions on front yard parking requirements related to the lot coverage. MOTION: Moved by David Johnson, seconded by Chris Braney That application P/CA 55/04 by Tarun Kumar, be TABLED until the first meeting in January to have the applicant have the construction plans and present additions as constructed reviewed for compliance with the Ontario Building Code. CARRIED UNANIMOUSLY P/CA 56/04 - Bruce Armstrong & Nicola Allen 539 Pine Ridge Road Part of Lot 35, Plan 350 (Part 2, Plan 40R-3718) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 2511, as amended By-law 2839/88: Section 9.2.3 to permit the establishment of a minimum 6.0 metre front yard depth provided by the proposed garage addition, whereas the by-law requires a minimum front yard depth of 7.5 metres; Section 5.19(d) to permit the establishment of a minimum 1.5 metre south side yard width provided by the proposed garage and second storey addition, whereas the by-law requires a minimum side yard width of 1.8 metres; The applicant requests approval of these variances in order to obtain a building permit for the proposed second storey and garage additions to the existing dwelling. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor and City's Fire Prevention Officer, both expressing no concerns. Bruce Armstrong and Nicola Allen, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Trina Chiarelli was there as an observer and did not speak, she did submit a letter requesting notification of the Committee's decision. 86 MOTION: Moved by Marie Billinger, seconded by Chris Braney That application P/CA 56/04 by Bruce Armstrong & Nicola Allen, be APPROVED on the grounds that the proposed front yard depth of 6.0 metre and south side yard width of 1.5 metre to be provided by the proposed garage and second storey 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, and therefore recommends approval of the proposed variances, 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. 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 UNANIMOUSLY 7. ADJOURNMENT MOTION: Moved by David Johnson, seconded by Marie Billinger That the 14th meeting of the Committee of Adjustment be adjourned at 7:47 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday December 1,2004. CARRIED UNANIMOUSLY Assistant Secretary-Treasurer Chai,~an 87