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HomeMy WebLinkAboutNovember 12, 2008 Committee of Adjustment Meeting Minutes Wednesday, November 12, 2008 7:00 pm Main Committee Room PRESENT: David Johnson - Chair Susan Kular Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Jean Finn, Assistant Secretary-Treasurer ABSENT: Kevin Ashe (I) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, November 12, 2008 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Susan Kular Seconded by Keith Wilkinson That the minutes of the 14th meeting of the Committee of Adjustment held Wednesday, October 22,2008 be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes Wednesday, November 12, 2008 7:00 pm Main Committee Room (III) REPORTS 1. PICA 43/08 - LK Properties Ltd. 1851 Sandstone Manor (Part of Lot 29, 30, Range 3, Part 1, 2, 40R-8891) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 789/78 to permit a reduced parking setback of 1.5 metres from the property line, to permit 182 parking spaces on the subject property and to recognize an existing emergency generator obstruction located in the front yard providing a .6.8 metres front yard depth, whereas the by-law requires a side yard parking lot setback of 7.5 metres, a minimum of 282 parking spaces, and a minimum front yard depth of 12 metres. The applicant requests approval of this variance in order to obtain Site Plan Approval. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Supervisor expressing no concerns, from the City's Economic Development in support of the application and from the Toronto Region Conservation Authority expressing no objections. Written correspondence was received from Dawn Mitchell, the property manager of 1845 Sandstone Manor in objection to the application. Several concerns were expressed in the correspondence including site alterations, need for a survey, grading, soil capacity, traffic safety and neighbourhood aesthetics. David Kalny, agent, was present to represent the application. He stated that the retaining wall will not be altered. Dawn Mitchell, property manager of 1815 Sandstone Manor was present in objection to the application and expressed concerns with grading and the retaining wall. She is not opposed to the creation of additional parking spaces. The Secretary-Treasurer explained the site plan approval requirements and stated that City staff have inspected the site. 2 Committee of Adjustment Meeting Minutes Wednesday, November 12, 2008 7:00 pm Main Committee Room Moved by Eric Newton Seconded by Susan Kular That application PICA 43/08 by LK Properties Ltd.,. be APPROVED on the grounds that the west side yard parking setback of 1.5 metres, a minimum of 182 parking spaces on the subject property and a minimum front yard depth of 6.8 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 parking lot, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a Site Plan Approval for the proposed parking lot within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 2. PICA 44/08 - Plaza 23 Incorporated 713 Krosno Boulevard (Block S, Plan M-15) City of Pickering The applicant requests relief from Zoning By-law 2520 as amended by By-law 5580/99 to permit a total gross leasable floor area of 340 square metres for restaurant - type A uses, whereas the By-law permits a maximum gross leasable floor area of 300 square metres for restaurant - type A uses. The applicant requests approval of this variance in order to obtain Site Plan Approval and a building permit for the proposed patio. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Supervisor expressing no concerns, from the City's Economic Development in support of the application and from Councillor Doug Dickerson recommending approval of the application. Suu-dda Patkar, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 3 Committee of Adjustment Meeting Minutes Wednesday, November12, 2008 7:00 pm Main Committee Room In response to a question from a Committee Member, Suu-dda Patkar stated that the patio would be seasonal. ! . Moved by Keith Wilkinson Seconded by Eric Newton That application PICA 44/08 by Plaza 23 Incorporated, be APPROVED on the grounds that the request to permit an increase in the gross leasable floor area to permit an outdoor patio for restaurant uses 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 patio, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the patio be limited to a maximum of 53 square metres. 3. That the applicant obtains Site Plan Approval prior to operating the proposed patio. CARRIED UNANIMOUSLY 3. PICA 45/08 - R. & C. Villani 1006 Honeywood Crescent (Lot 53, Plan M-1400) City of Pickering The applicants request relief from Zoning By-law 3036 as amended by By-law 1493/82 to permit a proposed shed in the flankage side yard having a side yard width of 0.1 metres and to permit an existing deck located 5.0 metres from the rear lot line whereas the By-law requires accessory structures to be located in the rear yard and to be set back a minimum of 4.5 metres from the flankage side yard line, and a rear yard depth of 7.5 metres. The applicants request approval of these variances in order to obtain Zoning compliance. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Supervisor expressing that all roof drainage from the shed is to be contained within the lot. 4 Committee of Adjustment Meeting Minutes Wednesday, November 12, 2008 7:00 pm Main Committee Room Written comments were received from Debbie Kennedy of 1007 Honeywood Crescent and from James Valleau of 1009 Honeywood Crescent in objection to the application. Correspondence received from Debbie Kennedy expressed concerns that the structure is aesthetically unappealing, and that noise might be generated if the shed is used as a workshop. Correspondence received from James Valleau expressed several concerns with regard to the height of the shed, extension of the shed beyond the fence line, drainage from the roof posing a potential risk to pedestrians in the winter months, and the imposing size of the structure and its unappealing appearance. Robert Villani, owner, was present to represent the application. Peter & Jeanette Garan of 1002 Honeywood Crescent, Sharyn Lowry of 1001 Honeywood Crescent, Donna Dibiase of 1025 Honeywood Crescent and Stephen Phillips of 1021 Honeywood Crescent were present in support of the application. Stephen Phillips submitted a letter on behalf of Mark Benoit of 1019 Honeywood Crescent in support of the application. Nick Tossmann of 1036 Honeywood Crescent and Doug White of 1038 Honeywood Crescent were present in objection to the application and expressed concerns with the extension of the deck and noise, they had no concerns with the shed. In response to a question from a Committee Member, Robert Villani stated the deck was existing and he had upgraded it this summer. The Secretary-Treasurer informed Robert Villani that there are plantings on City property, and the City or other utility companies have the right to remove the plantings if necessary (sidewalk repair etc.) and the City would not replace any plantings that are on City property. 5 Committee of Adjustment Meeting Minutes Wednesday, November 12, 2008 7:00 pm Main Committee Room Moved by Keith Wilkinson Seconded by Eric Newton That application PICA 45/08 by R. & C. Villani, be APPROVED on the grounds that the request to permit an accessory building in the side yard, a flankage side yard width of 0.1 metres for an accessory building and a rear yard depth of 5.0 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 ~md the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed shed and existing deck, as generally sited and outlined on the applicant's submitted plan and sketches with this application. 2. That the applicants remove the roof overhang and provide a gutter on the west side of the shed to ensure that rainwater runoff from the shed roof is contained on the subject property and to ensure that no encroachment onto City property results from the shed's location in the flankage side yard. 3. That the applicants contact the Planning & Development Department to arrange for an inspection of the shed and to confirm that the construction of the shed is in conformity with the requirements of condition 2. 4. That this work and inspection by City staff shall be completed within three months of the date of this decision or this decision shall become null and void. CARRIED UNANIMOUSLY 6 Committee of Adjustment Meeting Minutes Wednesday, November 12, 2008 7:00 pm Main Committee Room (IV) ADJOURNMENT Moved by Keith Wilkinson Seconded by Susan Kular That the 15th meeting of 2008 the Committee of Adjustment be adjourned at 7:30 pm and the next meeting of the Committee of Adjustment be held on Wednesday, December 3, 2008. CARRIED UNANIMOUSLY ~ Assis 7