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HomeMy WebLinkAboutFebruary 9, 2005MINUTES of the 2nd meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, February 9, 2(:105. PRESENT ALSO PRESENT ABSENT Marie Billinger Chris Braney David Johnson Eric Newton - Chair Bill Utton Ross Pym, Secretary-Treasurer Jean Finn, Receptionist / Clerk - Typist Lesley Dunne, Assistant Secretary-Treasurer The meeting convened at 7:10 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 Bill Utton seconded by Marie Billinger That the minutes of the 1st meeting of the Committee of Adjustment held Wednesday, January 19, 2005, be adopted as amended. CARRIED UNANIMOUSLY 3. ADOPTION OF AGENDA MOTION: Moved by David Johnson seconded by Marie Billinger That the agenda for the Wednesday, February 9, 2005 meeting be adopted. CARRIED UNANIMOUSLY 7 P/CA 03/05 - Ashraf Moustafa 1641 Major Oaks Road (Lot 46, Plan 40M1488) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85, to permit the establishment of a minimum 3.1 metre rear yard depth to be provided by the existing 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 an existing addition attached to the rear of the existing dwelling. The Secretary-Treasurer outlined comments received from tile City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor and the City's Fire Prevention Officer, both expressing no concerns. Ashraf Moustafa, owner was present to represent the application. No further representation was present in favour of or in objection to the application. Hitesh Vaja of 1639 Major Oaks Road and Angelo DeStefano of 1520 Alpine Lane submitted letters in support of the application. MOTION: Moved by Bill Utton, seconded by Marie Billinger That application P/CA 03/05 by Ashraf Moustafa, be APPROVED on the grounds that the proposed 3.1 metre rear yard depth to be provided by the existing 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 existing addition, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant apply for a building permit within six months of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 04/05 - Daniel Mruck 714 Front Road (Part of Lot 30, Plan M90) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 2511: To recognize an existing lot frontage of 14.5 metres, an existing lot area of 425 square metres, the establishment of a 4.1 metre rear yard depth and the establishment of a 2.6 metre flankage side yard for a proposed two-storey dwelling, whereas the by-law requires a minimum lot frontage of 15 metres, a minimum lot area of 460 square metres, a minimum rear yard depth of 7.5 metres and a minimum flankage side, yard of 4.5 metres. The applicant requests approval of these variances in order to obtain a building permit for a proposed two-storey detached 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 the City's Fire Prevention Officer, both expressing no concerns. Daniel Mruck, owner was present to represent the application. Michael Mruck (owner's father) of 3090 Grenville Drive was present in favour of the application. Lily and Jorjan Miranda of 716 Front Road submitted a letter and were present to seek information and to express concerns. Michael Mruck indicated that the two-storey detached dwelling would enhance the neighbourhood. Lily and Jorjan Miranda expressed concerns with loss of privacy and loss of natural light especially in their kitchen and living room. Lily Miranda commented that the proposed two-storey would sit very close to the property line. It was also noted that they have concerns with the construction, noise, dust and debris. MOTION: Moved by Bill Utton seconded by Marie Billinger That application P/CA 04/05 by Daniel Mruck, be APPROVED on the grounds that the existing lot frontage of 14.5 metres, the existing lot area of 425 square metres, the proposed minimum 4.1 metre rear yard depth and the proposed minimum 2.6 metre flankage side yard width 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: That these variances apply only to the proposed two-storey detached dwelling, 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 two-storey detached dwelling within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 9 P/CA 05/05 to 07/05 - Daniel Lazaridis 529 Barry Drive (North Part of Lot 30, B.F.C. Range 3) City of Pickering The applicant requests relief from the provisions of Zoning By-law 3036 to permit three proposed severed lots having the dimensions listed in Column I whereas the Zoning By-law 3036 requires the dimensions listed in Column I1: Column I Column H Nature of Applicant's Proposal Zoning By-law Variance P/CA05/05 P/CA 06/05 P/CA07/05 Requirement Lot frontage 17 metres 13 metres 13 metres a minimum 18 metres Lot area 470 square 530 square 530 square metres a minimum 550 metres metres square metres Side yard widths 1.5 metre 0.6 metre 0.6 metre width on the a minimum width on the width on the south side and a 1.8 metres and east side south side minimum 1.2 metre 3.0 metres for width on the north sideside yard widths Flankage side 2.7 metre a minimum yard width 4.5 metres flankage side yard width The applicant requests approval of these variances in order to facilitate the proposed seve ri n ces. 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 the City's Fire Prevention Officer, both expressing no concerns. A letter was also received from Willi Wuest, Violet Wuest and Peter Wuest of 542 Barry Drive in objection to the application. Grant Morris, Planning Consultant, was present to represent the application. Daniel and Christen Lazaridis owners were present in support of the application. Michael and Trudy Gibson of 1496 Barry Drive, Ajay Jhaver of 551 Barry Driw~ and Peter Wuest of 542 Barry Drive were present in objection to the application. Grant Morris reviewed the application including the relocation of the house. He reviewed the streetscape, Official Plan, Zoning By-law and mentioned that 19 other homes with similar lot frontages have no negative impacts on surrounding properties or neighbourhood. He opined that the applications met the four tests of the Planning Act. Trudy Gibson questioned the existing dwelling relocation. Michael Gibson expressed concerns with property value, impact on the trees, and drainage, and indicated that these applications are not minor variances but major variances. Michael Gibson also noted that they will loose privacy. 10 Ajay Jhaver expressed concerns with traffic, size of the houses and property value. Barry Drive and Sheppard Avenue are very busy streets and the traffic moves very fast. Peter Wuest expressed concerns with lot sizes, the streetscape being impacted, an existing busy street with fast traffic and impacts on property values. In reply to a question from David Johnson, Grant Morris responded that every effort will be taken to save the trees and an arborist would be consulted. Daniel Lazaridis noted that they could design a house to accommodate the 1.2 metre side yard and they would be willing to build a fence along the southern property line. MOTION: Moved by Bill Utton seconded by Marie Billinger That application P/CA 05/05 to P/CA 07/05 by Daniel Lazaridis, be APPROVED on the grounds that the variances for P/CA 05/05 and P/CA 06/05 for minimum lot frontages, minimum lot areas, minimum side yard widths, and minimum flankage side yard width, 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 Zoning By-law, and therefore recommends approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the subject lands, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant receives approval and finalize the associated Land Severance Applications or this decision shall become null and void. That application P/CA 07/05 by Daniel Lazaridis be APPROVED on the grounds that the variances for minimum lot frontage of 13 metres, minimum lot area of 530 square metres, and minimum side yard widths of 1.2 metre for both side yards 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 Zoning By-law, subject to the following conditions: 1 That these variances apply only to the subject lands, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant receives approval and finalize the associated Land Severance Applications or this decision shall become null and void. CARRIED Vote Marie Billinger Chris Braney David Johnson Eric Newton Bill Utton in favour in favour opposed opposed in favour 11 7. ADJOURNMENT MOTION: Moved by Marie Billinger seconded by Bill Utton That the 2nd meeting of the Committee of Adjustment be adjourned at 8:10 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, March 2, 2005. CARRIED UNANIMOUSLY Da~e Assistar~t Secretary-Treasurer CIi~im~an 12