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HomeMy WebLinkAboutAugust 17, 2005MINUTES of the 11th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, August 17, 2005 and convened at 7:17 p.m. PRESENT: Chris Braney David Johnson Eric Newton - Chair ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Carla Pierini, Observer ABSENT: Marie Billinger Bill Utton 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. ADOPTION OF MINUTES MOTION: Moved by David Johnson, seconded by Chris Braney That the minutes of the 10th meeting of the Committee of Adjustment held Wednesday, July 27, 2005, be adopted as amended. CARRIED UNANIMOUSLY ADOPTION OF AGENDA MOTION: Moved by Chris Braney, seconded by David Johnson That the agenda for the Wednesday, August 17, 2005 meeting be adopted. CARRIED UNANIMOUSLY 57 (Tabled at the July 27', 2005 meeting) P/CA 35/05 - Runnymede Development Corporation Limited 1900 Dixie Road (Block 1, Plan 40M-1591) City of Pickering MOTION: Moved by David Johnson, seconded by Chris Braney That P/CA 35/05, by Runnymede Development Corporation Limited be lifted from the table. CARRIED UNANIMOUSLY The applicant requests relief from Section 5.21.1 (2. Commercial) of Zoning By-law 3036, to permit a total of 299 parking spaces to be provided on the subject property, whereas the by-law requires a minimum of 306 parking spaces on the subject property and to permit 292 parking spaces when the temporary garden centre is permitted where as the by-law requires 297 parking spaces on the subject property when a garden centre is in operation. The applicant requests approval of this variance in order to accommodate the repair and modification to an existing retaining wall and to recognize changes in the requirements for accessibility parking 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 the City's Fire Prevention Officer, both expressing no concerns. Correspondence received from Rodger Miller, Runnymede Development Corporation Limited requesting the application be amended to delete any variance for an outdoor patio as the proposal for an outdoor patio has been eliminated. Correspondences received from Bill McLean, Regional Councillor, Ward 2, Stephen & Wendy Wotton, of 989 Mountcastle Crescent and Rudy Duschek of 944 Duncannon Drive in objection to the original application with regards to the outdoor patio. Steven Croutch, Runnymede Development Corporation Limited, was present to represent the application. Rudy Duschek was also present and he had no objection to the amended application. No further representation was present in favour of or in objection to the application. In response to a question from Eric Newton, Steven Croutch agreed the reduction in parking is due to repair and modification to an existing retaining wall. 58 MOTION: Moved by David Johnson, seconded by Chris Braney That application P/CA 35/05 by Runnymede Development Corporation Limited be APPROVED on the establishment of a total of 292 parking spaces to be provided on the subject property when the temporary garden centre is permitted and a minimum of 299 parking spaces for the shopping plaza 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 this variance apply only to the subject property, as generally sited and outlined on the applicant's submitted plans with this application. 2. That site plan approval be obtained within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 37/05 - D. & G. Gomba 241 Gwendolyn Street (Lot 32, Plan 40M-1309) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1675/83, to permit a minimum flankage side yard width of 1.5 metres, whereas the by-law requires a minimum flankage side yard width of 2.7 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed veranda. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Fire Prevention Officer expressing no concerns. Dianne & George Gomba, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. MOTION: Moved by Chris Braney, seconded by David Johnson That application P/CA 37/05 by D. & G. Gomba, be APPROVED on the grounds that the proposed minimum flankage side yard width of 1.5 metres to be provided by the proposed veranda 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 veranda, as generally sited and outlined on the applicant's plans submitted with this application. 59 2. That the applicant obtain a building permit and construct the proposed veranda within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 38/05- A. & B. Mobbs 1392 Bridle Path Circle (Lot 35, Plan 40M-1267) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1130/80, to permit a minimum rear yard depth of 6.0 metres, 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 one-storey addition attached 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 Fire Prevention Officer expressing no concerns. Andy & Barb Mobbs, owners, were present to represent the application. Richard Neilson, agent, was also present in support of the application. No further representation was present in favour of or in objection to the application. MOTION: Moved by David Johnson, seconded by Chris Braney That application P/CA 38/05 by A. & B. Mobbs, be APPROVED on the grounds that the proposed minimum rear yard depth of 6.0 metres to be provided by the proposed 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 one-storey addition, as generally sited and outlined on the applicant's plans submitted with this application. That the applicant obtain a building permit and construct the proposed one-storey addition within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 60 P/CA 39/05 & 41/05 - Trevor & Brandon Smith 5026 - 5030 William Street Lot 37 & 38, Plan 12 (40R-18222, Part 4 & 5) City of Pickering Application P/CA 39~05: The applicant requests relief from Zoning By-law 3037, to permit a minimum lot frontage of 18.2 metres, whereas the by-law requires a minimum lot frontage of 22 metres. The applicant requests approval of this variance in order to facilitate a future severance of the property and receive a building permit. Application P/CA 41/05: The applicant requests relief from Zoning By-law 3037, to permit a 0.0 metre side yard width to an existing frame shed and to permit a minimum 4.2 metre front yard depth to an existing residential dwelling, whereas the by-law requires all accessory structures to be located 1.0 metre from all lot lines and requires a minimum front yard depth of 9.0 metres. The applicant requests approval of these variances in order to facilitate a future severance application. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor and the City's Fire Prevention Officer, both expressing no concerns. Written comments from the Durham Health Department advised they have no objection to the applications. Don Bennet, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from David Johnson, Ross Pym explained that the shed is currently legal non-complying and with the creation of the new lot through the land severance the shed needs to be recognized. Ross Pym also explained the maintenance for the shed is a legal matter between the property owners. MOTION: Moved by Chris Braney, seconded by David Johnson That application P/CA 39/05 & 41/05 by Trevor & Brandon Smith, be APPROVED on the grounds that the proposed minimum lot frontage of 18.2 metres for P/CA 39/05 and the minimum 0.0 metre accessory structure side yard width and a 4.2 metre front yard depth for P/CA 41/05 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: 61 That these variances apply only to the existing buildings and structures, as generally sited and outlined on the applicant's submitted plans with this application. That the applicant apply and receive approval from the Region of Durham Land Division Committee or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 40/05 - James Cox 265 Martins Street (Part of Lot 21, Plan 538) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a minimum front yard depth of 5.7 metres to the proposed addition including the stairs and a minimum east side yard width of 0.8 metres to the existing solarium, whereas the by-law requires a minimum front yard depth of 7.5 metres and a minimum east side yard width of 1.8 metres. The applicant requests approval of these variances in order to obtain a building permit and apply for an amendment to Minister's Zoning Order 154/03, as amended by 277/05 for a future addition to the front of the existing dwelling. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor and the City's Fire Prevention Officer, both expressing no concerns. Written comments were also received from the Chief Building Official expressing concerns with the existing solarium wall as it contains substantial windows and it is less than 1.2 metres from the property line which is contrary to section 9.10.14 of the Ontario Building Code. James Cox, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from Eric Newton, James Cox explained the existing solarium and noted that the City's Fire Services expressed no concerns. MOTION: Moved by David Johnson, seconded by Chris Braney That application P/CA 40/05 by James Cox, be APPROVED on the grounds that the proposed front yard depth of 5.7 metres and the east side yard width of 0.8metres 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: 62 That these variances apply only to the proposed addition including the stairs and to the existing solarium located in the east side yard, as generally sited and outlined on the applicant's submitted 'plan with this application. That the applicant apply and receive approval from the Ministry of Municipal Affairs and Housing for the appropriate setbacks as outlined in this minor variance application within two years of this decision, or this decision shall become null and void. 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. That the existing solarium be brought into compliance with the Ontario Building Code and be inspected and approved by the City of Pickering and any Provincial authority having jurisdiction. CARRIED UNANIMOUSLY ADJOURNMENT MOTION: Moved by David Johnson, seconded by Chris Braney That the 11th meeting of the Committee of Adjustment be adjourned at 7:45 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, September 7, 2005. CARRIED UNANIMOUSLY Date~ Assistant Secretary-Treasurer -Chairman 63