HomeMy WebLinkAboutMay 25, 2005MINUTES of the 7th meeting of the Committee of Adjustment held in the Main
Committee Room of the Pickering Civic Complex on Wednesday, May 25, 2005 and
convened at 7:03 p.m.
PRESENT:
ALSO PRESENT:
ABSENT:
Marie Billinger
Chris Braney
Eric Newton - Chair
Bill Utton
Ross Pym, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
David Johnson
MATTERS ARISING FROM THE MINUTES
There were no matters arising from the minutes.
ADOPTION OF MINUTES
MOTION: Moved by Bill Utton, seconded by Marie Billinger
That the minutes of the 6th meeting of the Committee of Adjustment held
Wednesday, May 4, 2005, be adopted as amended.
CARRIED UNANIMOUSLY
ADOPTION OF AGENDA
MOTION: Moved by Marie Billinger, seconded by Chris IBraney
That the agenda for the Wednesday, May 25, 2005 meeting be adopted.
CARRIED UNANIMOUSLY
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P/CA 20/05 - C. Fowles & Y. Imai
1868 Appleview Road
(Part of Lot 74, Plan 1051)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by By-law
6397/04, to permit an accessory dwelling unit with a floor area of 160 square
metres whereas the by-law permits a maximum floor area for an accessory
dwelling unit of 100 square metres.
The applicant requests approval of this variance in order to obtain a building
permit for the proposed construction of a basement apartment.
The Secretary-Treasurer outlined comments received frorn 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. Additional comments were also received
from David Bruce of 1868 Falconwood Way, Mark & Leslie Johnston of
1872 Falconwood Way and Joe & M. Graca Azvedo of 1867 Falconwood Way in
objection to the application.
Chris Fowles & Yuko Imai, owners, were present to represent the application.
John & Carole Fowles were also present in favour of tile application. Mark
Johnston of 1860 Falconwood Way, Samuel Johnston of 1868 Falconwood Way,
Steve Bruce of 1865 Falconwood Way were present in objection to the
application.
Chris Fowles indicated the accessory dwelling unit (ADU) will be occupied by his
parents and there will be no additional space added on to the home. Chris
Fowles addressed several concerns from residents and confirmed the ADU will
not be rented and no additional garbage will be generated.
Mark Johnston questioned if basement apartments are going to be a common
trend and the impact they will have on the neighbourhood.
Samuel Johnston expressed concern with the size of the ADU, the number of
ADU's in the house, increased property taxes and rental of ADU in the future.
Steve Bruce expressed concerns with the size of the ADU, parking issues,
increase garbage, opining that it was out of character with the neighbourhood
and it would decrease property value.
The correspondence from David Bruce indicated; the request creates and sets a
dangerous precedent for single family dwellings and outlined his concerns with
the City not being able to control similar requests and encourage the use of
single family homes for more than one family.
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The correspondence from Mark & Leslie Johnston indicated; concern that a two
family dwelling will not be consistent with the make up of the immediate area; the
size of the ADU and the reduction in the value of area homes.
The correspondence from Joe & M. Graca Azvedo indicated; concern with the
size of the ADU, parking issues, garbage pickup, will not be consistent with the
make up of the immediate area, and the impact on the value of their home.
MOTION: Moved by Chris Braney, seconded by Bill Utton
That application P/CA 20/05 by C. Fowles & Y. Imai be APPROVED on the
grounds that the proposed increased maximum floor area of 160 square metres
of an accessory dwelling unit 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 Zoning By-law, subject to the following
conditions:
That this variance applies only to the proposed development, as generally sited
and outlined on the applicant's submitted plans with this application.
That the applicant obtain a building permit and register the accessory dwelling
unit, within one year of the date of this decision, or this decision shall become
null and void.
CARRIED UNANIMOUSLY
P/CA 21/05 -lan & Nicola Hayhurst
4871 Victoria Street
(Lots 55 and 56, Plan 43)
City of Pickering
The applicant requests relief from Zoning By-law 3037, 1:o permit a detached
garage with a height of 5.0 metres that is to be located in the north side yard,
whereas the by-law permits a maximum height for an accessory building of 3.5
metres in any residential zone and requires all accessory structures to be located
in the rear yard.
The applicant requests approval of this variance in order' to obtain a building
permit for the proposed detached garage.
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. Additional comments were also received
from Sue Henderson & Bruce Lewis-Watts of 4848 Livingston Street,
Michael Calabrese of 4838 Livingston Street, David & Normalyn Wilson of
4846 Livingston Street and Michael & Anne Dunkley of 4834 Livingston Street in
objection to the application.
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lan & Nicola Hayhurst, owners, were present to represent the application. Eric
Winterstien, agent, was present in favour of the application.
lan Hayhurst explained the use of the garage is to provide more storage. He
also explained the position of the garage to the south for natural light and to save
a mature tree.
Eric Winterstien indicated the proposed garage is in keeping with the style of the
house and is very pleasing to the surrounding homes.
The correspondence received from four local residents indicated all the same
concerns; the height proposed will impact their view, the size is two times larger
than a normal garage, and the location of the garage is too far away from the
residence.
MOTION: Moved by Bill Utton, seconded by Marie Billinger
That application P/CA 21/05 by lan & Nicola Hayhurst be APPROVED on the
grounds that the proposed detached garage height of 5.0 metres to be located in
the north side yard 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:
That this variance apply, only to the detached garage, as generally sited and
outlined on the applicant's submitted plan with this application.
That the applicant obtain a building permit and construct the proposed garage within
one year of the date of this decision, or this decision shall become null and void.
CARRIED UNANIMOUSLY
P/CA 22/05 - Joe Caiata
1781 Spruce Hill Road
Part of Lot 49 & 50, Plan 1041
(40R-17046, Part 3 & Part of Lot 2 & 40R-17802, Part 1)
City of Pickering
The applicant requests relief from Zoning By-law 3036, to permit a 6.0 metre front
yard depth, whereas the by-law requires a minimum front yard depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain a building
permit for a future 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.
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Joe Caiata, owner, was present to represent the applrication. Don & EIke
Campbell of 1789 Spruce Hill were present in objection to the application.
Joe Caiata indicated that he wants to set the house in line with the rest of the
houses on the street.
Don Campbell expressed a concern with the removal of the mature cedar tree
line, which will result in loss of privacy. Pictures of the mature cedar trees were
presented to the Committee.
In response to a question from Don Campbell, Joe Caiata indicated that he
understands the privacy concern and is willing to work with them on a solution.
MOTION: Moved by Bill Utton, seconded by Marie Billinger
That application P/CA 22/05 by Joe Caiata be APPROVED on the grounds that
the proposed front yard depth of 6.0 metres 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 Zoning By-law, subject to the
following conditions:
1. That this variance applies only to the future detached dwelling on the
proposed north lot, as generally sited and outlined on the applicant's
submitted plan with this application.
That the applicant submits and receives approval of an application to the
Region of Durham Land Division Committee for the creation of this lot within
one year of the decision of the Committee of Adjustment, or this decision will
become null and void.
That the applicant obtain a building permit and construct the future detached
dwelling within two years of the date of this decision, or this decision shall
become null and void.
CARRIED UNANIMOUSLY
P/CA 23/05 - Brian & Deborah Schauer
317 Dyson Road
(Lot 13, Plan 274)
City of Pickering
The applicant requests relief from Zoning By-law 2511, to permit a reduced front
yard depth of 7.0 metres and a reduced north side yard wMth of 0.6 of a metre,
whereas the by-law requires a minimum front yard depth of 7.5 metres and a
minimum side yard with of 1.5 metres.
The applicant requests approval of these variances in order to obtain a building
permit for a proposed two-storey addition and front porch.
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The Secretary-Treasurer outlined comments received frorn the City of Pickering
Planning & Development Department. Written comments were received from the
City's Fire Prevention Officer expressing no concerns. Written comments were also
from the City's Development Control Supervisor expressing concerns with a large
tree that maybe affected by the construction of the proposed addition.
Brian & Deborah Schauer, owners, were present to represent the application.
Elza Anderson of 315 Dyson Road, Amy Lynrop of 320 Dyson Road, Susan
Campbell of 319 Dyson Road and Bonnie McLaughan of 321 Dyson Road were
present in support of the application.
Brian Schauer explained the proposal and presented pictures to the Committee.
The proposed addition is to provide more living space, the front porch will
enhance and clearly define the entrance to the home and the addition will not be
blocking neighbour's view or encroaching on privacy.
The four residents present in support of the application all agreed on the design
of the addition and noted that it enhances the neighbourhood.
MOTION: Moved by Chris Braney, seconded by Marie Billinger
That application P/CA 23/05 by Brian & Deborah Schauer be APPROVED on the
grounds that the proposed minimum 7.0 metre front yard depth and the
proposed minimum 0.6 metre north 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 addition and front
porch, 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 addition and front porch within two years of the date of this
decision, or this decision shall become null and void.
CARRIED UNANIMOUSLY
P/CA 24/05 - 1585708 Ontario Limited
1095 Kingston Road
South Part of Lot 25, Concession 1
(40R-1860, Part 1 & Part of Parts 2 & 3)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by By-law
4138/92, to establish a maximum gross floor area for a sales outlet in a
warehouse to 39 percent, whereas the by-law permits a rnaximum gross floor
area of a sales outlet for a warehouse of 20 percent.
The applicant requests approval of this variance in order to obtain a building
permit for this development and to occupy this unit.
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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.
Bryce Jordan, agent, was present to represent the application. Jonathan Rubin,
of Canadian Tire Real Estate Limited, was also present in favour of the
application.
Bryce Jordan outlined that Canadian Tire Real Estate Limited is proposing to
convert a portion of the existing building for a PartSource warehouse and sales
outlet, in order for them to do so they need to increase the maximum floor area,
for a sales outlet, to 39 percent.
MOTION: Moved by Marie Billinger, seconded by Bill Utton
That application P/CA 24/05 by 1585708 Ontario Limited be APPROVED on the
grounds that the proposed increased gross floor area to 39 percent 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 Zoning By-law,
subject to the following conditions:
1. That this variance apply only to the proposed development, as generally sited
and outlined on the applicant's submitted plan with this application.
That the applicant obtains a building permit for internal works, if needed,
within one year of the date of this decision, or this decision shall become null
and void.
CARRIED UNANIMOUSLY
P/CA 25/05 to P/CA 27/05 - Donald Spring
1839 Pine Grove Avenue
(Part of Lot 6, Plan 282 & Part of Road Allowance between Lot 34, 35)
(Part 2, Plan 40R-20388)
City of Pickering
The applicant requests relief from the provisions of Zoning By-law 3036 to permit
three proposed residential lots having the variances listed in ,Column I whereas the
Zoning By-law 3036 requires the dimensions listed in Column !1. These three lots are
part of a proposed land development of a total of 5 lots fronting onto future
Rockwood Drive extension through severance applications LD 131/05 to LD135/05.
Nature of Applicant's Proposal Zoning By-law
Variance Requirement
P/CA 25/05 P/CA 26/05 P/CA 27/05
Lot frontage 13.5 metres 13.5 metres N/A Minimum 15 metres
Rear yard depth N/A N/A 1.5 metres Minimum 7.5 metres
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The applicant requests approval of these variances in order to obtain building
permits for the proposed detached dwelling development.
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.
Tania Spring, agent, was present to represent the application. Mr. & Mrs.
Lalonde of 1818 Rockwood Drive, Dr. & Mrs. Szaraz of 1882 Rockwood Drive
were present in objection to the application and Mr. & Mrs. Nicolaou of 1826
Rockwood Drive were present to obtain more information on the proposed
detached dwelling development.
Tania Spring indicated there are a number of mature trees on the proposed lots
and expressed interest in keeping as many trees as possible.
Mr. & Mrs. Lalonde expressed concerns with the reduced lot frontage, increased
traffic, Rockwood Drive maybe used as a feeder street when connected to the
south and the loss of privacy if house is set back in property.
Dr. & Mrs. Szaraz expressed concerns with mature trees being removed, loss of
privacy, 1.5 metre north side setback, length of time homes are being
constructed, noise pollution and construction noise.
In response to a question, Ross Pym explained that the Official Plan indicates a
proposed connection of Rockwood Drive.
Chris Braney suggested to Tania Spring to hire an arborist to help save as many
trees as possible.
MOTION: Moved by Bill Utton, seconded by Marie Billinger
That application P/CA 25/05 to 27/05 by Donald Spring, be APPROVED on the
grounds that the variances for minimum lot frontage and minimum rear yard
depth, to be 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:
That these variances apply only to the proposed lots on subject lands, as
generally sited and outlined on the applicant's submitted plan with this
application.
2. That the applicant receives approval and finalize the associated Land
Severance Applications or this decision shall become null and void.
3. That for application P/CA 27/05 the minimum west side yard width be a
minimum of 7.5 metres.
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10.
That the applicant obtain building permits and construct the proposed detached
dwellings within three years of the date of this decision, or this decision shall
become null and void.
CARRIED UNANIMOUSLY
ADJOURNMENT
MOTION: Moved by Marie Billinger, seconded by Bill Utton
That the 7th meeting of the Committee of Adjustment be adjourned at 8:37 p.m.
and the next meeting of the Committee of Adjustment be held on
Wednesday, June 15, 2005.
CARRIED UNANIMOUSLY
Date
Assistant Secretary-Treasurer
Cha~rma'n
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