Loading...
HomeMy WebLinkAboutJanuary 23, 2008 Committee of Adjustment Meeting Minutes Wednesday, January 23,2008 7:06 pm Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Susan Kular Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, January 23, 2008 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Susan Kular That the minutes of the 16th meeting of the Committee of Adjustment held Wednesday, December 5,2007, be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes Wednesday, January 23, 2008 7:06 pm Main Committee Room (III) REPORTS 1 . (Deferred from the December 5, 2007 meeting) PICA 65/07 - Glen Rouge Homes (Buckingham Inc.) 2285 Canterbury Crescent (Lot 19, Plan 40M-2344) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5548/99, to permit a reduced front yard depth of 3.2 metres to a covered front porch for a proposed two storey dwelling, whereas the by-law requires a minimum front yard depth of 4.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed two storey 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 expressing no concerns and from Toronto and Region Conservation Authority expressing no objection to the application. Kirk Rowe, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 65/07 by Glen Rouge Homes (Buckingham Inc.), be APPROVED on the grounds that the reduced front yard depth of 3.2 metres to a covered front porch 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 applies only to the covered front porch for the proposed two storey dwelling, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 2 Committee of Adjustment Meeting Minutes Wednesday, January 23, 2008 7:06 pm Main Committee Room 2. PICA 01/08 - R. & J. Machado 1922 Bonita Avenue (Lot 82, Plan 1051) City of Pickering The applicants request relief from Zoning By-law 3036 to permit a reduced side yard width of 1.5 metres and a reduced front yard depth of 7.0 metres for proposed additions to the existing dwelling, whereas the by-law requires a minimum side yard width of 1.8 metres and a minimum front yard depth of 7.5 metres. The applicants request approval of these variances in order to obtain a building permit for the proposed additions. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. No written comments were received from circulated agencies/departments or the public on the application. Frank Bandiera, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Frank Bandiera submitted a petition from eight surrounding neighbours having no objections to the variances being requested. Moved by Keith Wilkinson Seconded by Susan Kular That application PICA 01/08 by R. & J. Machado, be APPROVED on the grounds that the proposed reduced side yard width of 1.5 metres and reduced front yard depth of 7.0 metres 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 applicants obtain a building permit for the proposed construction within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 3 Committee of Adjustment Meeting Minutes Wednesday, January 23,2008 7:06 pm Main Committee Room 3 P /CA 02/08 - 3906213 Canada Inc. 1936 Silicone Drive Lot 11, Plan 40M-1552 (Save and Except Parts 43, 44, 40R-22677) City of Pickering The applicant requests relief from Zoning By-law 2511, to permit the establishment of an industrial building on the property providing a reduced rear yard depth of 1.4 metres, a 0.0 metre setback between the parking area and the road allowance (Copperstone Road), a reduced drive aisle width of 6.0 metres and a minimum of 28 parking spaces, whereas the by-law requires a minimum rear yard depth of 7.5 metres, a minimum setback of 3.0 metres between the parking area and road allowance, a minimum drive aisle width of 6.5 metres, and a minimum of 38 parking spaces. The applicant requests approval of these variances in order to obtain Site Plan approval and a building permit for the proposed construction. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. No written comments were received from circulated agencies/departments or the public on the application. Ahmad Zazo, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Ahmad Zazo explained the history of the application and the Site Plan process. In response to questions from the Committee Members, Ahmad Zazo indicated in his opinion he had addressed the City's concerns. In response to several questions from Committee Members, the Secretary- Treasurer stated there are a number of variances being proposed on the subject property which represents overdevelopment. Planning & Development staff are trying to work with the applicant on the site functionality and building design, and explained a building permit will not be issued until the applicant receives approval on the Site Plan. Moved by Kevin Ashe Seconded by Susan Kular That application PICA 02/08 by 3906213 Canada Inc., be TABLED until the associated Site Plan application has reached a stage wherein the applicant has satisfactorily addressed the City's issues respecting the site functioning and building design of the proposed industrial development. CARRIED UNANIMOUSLY 4 Committee of Adjustment Meeting Minutes Wednesday, January 23, 2008 7:06 pm Main Committee Room 4. PICA 03/08 - S. R. & R Bayridges Ltd. 1215 - 1235 Bayly Street North Part of Block Y, Plan M 16 (Part 1, and Parts 2 to 5, 40R-3151) City of Pickering The applicant requests relief from Zoning By-law 2520, as amended by By-law 6705/06 and By-law 6786/07 to permit the establishment of a non-residential building on the subject property and proposing the following: 1) To locate the building outside of the building envelope shown on Schedule II of Zoning By-law 6705/06 to accommodate temporary uses, whereas the by-law requires that all buildings and structures be located entirely within the building envelope shown on Schedule II of Zoning By-law 6705/06; 2) To permit the building not to be within 50 percent of the length of the build-to-zone shown on Schedule II of Zoning By-law 6705/06; whereas the by-law does not permit buildings to be erected within the "RH/MU-2" Zone unless a minimum of 50 percent of the length of the build-to-zone contains a building or part of a building as shown on Schedule II of Zoning By-law 6705/06; 3) To permit non-residential uses within a proposed building that does not include dwelling units, whereas the by-law requires that non-residential uses shall only be permitted within a building containing dwelling units; 4) To provide a minimum of 9 parking spaces for the proposed building in the "RH/MU-2" Zone, whereas a minimum of 1 0 parking spaces are required for the proposed building n the "RH/MU-2" Zone; and 5) To permit a parking lot 0.0 metres from the limits of the "RH/MU-2" Zone, whereas the by-law requires that parking lots shall be permitted no closer than 3.0 metres from the limits of the "RH/MU-2" Zone. The applicant requests approval of these variances in order to obtain Site Plan approval and a building permit for the proposed construction of a temporary commercial building. 5 Committee of Adjustment Meeting Minutes Wednesday, January 23, 2008 7:06 pm Main Committee Room The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from Toronto and Region Conservation Authority expressing no objections, indicated that prior to any development occurring within the regulated area, the applicant apply for and obtain an Ontario Regulation 166/06 permit from TRCA. Janice Marks of 1090 Benton Crescent submitted correspondence in objection to the application. William Friedman, agent, and Stephen Warsh, owner, were present to represent the application. Janice Marks of 1090 Benton Crescent submitted a letter in objection to the application. Carmen Montgomery of 239 Lapin Drive, Judy Gallagher of 1182 Pebblestone Crescent, Jeff Wormald of 9 Ethlyn Court, Jacqueline Smart of 829 Fairview Avenue and Janet Sawyer of 1215 Bayly Street were present in objection to the application. Correspondence received from Janice Marks expressed several concerns indicating this is a major variance, variance for parking is unnecessary as there are other spaces available, to permit parking 0.0 metres from the limits of the "RH/MU-2" Zone will impact the safety of pedestrians as well as traffic along Bayly Street, construction traffic will impact an already congested area and making it even more dangerous for both vehicle and pedestrian traffic, construction equipment blocking the view of 1261 Bayly Street making it seem that there are no longer businesses operating in the plaza, a traffic signal, promised by the developer, to be installed at St. Martin's Drive and it has not been done, environmental impact on Douglas Ravine. William Friedman stated they have no objections to staff recommendations for approval but would like the time frame changed from five years to eight years from date of occupancy instead of the date of decision. In response to concerns from residents William Friedman indicated the proposed building will not affect the signage for the existing commercial building, the parking will not impact the sidewalk along Bayly Street. Carmon Montgomery expressed several concerns with the parking lot eliminating the sidewalk along Bayly Street, public safety, and the heavy construction equipment. Judy Gallagher express several concerns that this is not a minor variance, signage for the existing commercial building will be blocked, eight years is not temporary, mud, noise, construction traffic, safety for the many seniors that use the Pharmacy on a daily basis, disruption to the wildlife in the ravine. 6 Committee of Adjustment Meeting Minutes Wednesday, January 23, 2008 7:06 pm Main Committee Room Jeff Wormald expressed several concerns that this is a major variance, signage for the existing commercial building will be blocked, the significant impact on the surroundings and increasing traffic along Bayly Street, safety of the animals of the veterinary clinic that need to be walked several times a day. Jeff Wormald also provided his opinion on the application and how the application does not meet all four tests under the Planning Act. He also noted that this is all related to a landlord - tenant issue and matters of the existing lease. Jacqueline Smart expressed concerns with the number of applications and variances on the subject property and asked the Committee to refuse the application. In response to concerns from residents not being able to review the full completed application, the Secretary-Treasurer outlined the questions on page two of the application. The Secretary-Treasurer also noted that proper notification was given according to the Planning Act. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 03/08 by S.R. & R. Bayridges Ltd., be APPROVED on the grounds that the requested variances to establish a temporary non-residential building on the subject property not within the building envelope, outside the build-to-zone, containing no residential uses, providing 9 parking spaces and permitting parking 0.0 metres from the limits of the "RH/MU-2" Zone 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 applies only to the proposed temporary non-residential building, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains Site Plan approval and a building permit for the proposed construction within one year of the date of this decision, or this decision shall become null and void. 3. That this approval be limited to a period of eight years only from the date of the decision, whereupon the decision shall become null and void. CARRIED UNANIMOUSLY 7 T Committee of Adjustment Meeting Minutes Wednesday, January 23, 2008 7:06 pm Main Committee Room (IV) ADJOURNMENT Moved by Keith Wilkinson Seconded by Susan Kular That the 151 meeting of 2008 the Committee of Adjustment be adjourned at 8:49 pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 13,2008. CARRIED UNANIMOUSLY .re ~~\ ~ I Co Date "', I "\ 'n,~i ~\\(- Chair ./ , \ :::Jfl\ / '. .' ';/, /11111 ':. , "L Ii 1...- Assistant Secretary-Treasurer 8