HomeMy WebLinkAboutSeptember 27, 1995
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MINUTES of the 13th meeting of the Committee of Adjustment held in the Committee
Room ofthe Pickering Civic Complex on Wednesday, September 27,1995.
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PRESENT:
Mr. J. C. Young, Chairman
Mr. S. Smith
Mr. N. DiLecce
Mr. R. Johnson
Mr. P. White
ALSO PRESENT:
Mr. J. Cole, A.ssistant Secretary-Treasurer
Mrs. T. Reid, Planning Department
The meeting convened at 7:00 p.m. in the 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 Mr. Johnson, seconded by Mr. Smith and carried unanimously-
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That the adoption of the minutes of the 12th meeting of the Committee of Adjustment held
September 6, 1995, be adopted.
3. PICA 22/95 - 983963 Ontario Limited
Lot 1, 40M-1562
Also known as 1498 Ashwood Gate
Town of Pickering
The applicant requests relief from the provisions of Zoning By-law 3036, as amended by
Zoning By-law 2287/86 as follows:
1. Section 5.(b )(iii) of the By-law to permit the continuance of a front yard depth of
5.5 metres provided by the existing dwelling; whereas the By-law requires a minimum
front yard depth of 7.5 metres.
2. Section 5.(b)(iv) of the By-law to permit the continuance of an interior side yard width
of 0.8 metres provided by the existing dwelling; whereas the By-law requires a
minimum interior side yard width of 1.8 metres.
3. Section 5.(I)(x)A of the By-law to permit the exclusion of a garage to be provided for
"-' the residential lot; whereas the By-law requires a minimum of one private garage be
provided per lot.
The applicant requests this variance application in order to bring the subject property into
compliance with the provisions of the zoning by-law.
The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department and from Mr. A. McMackin, 1494 Ashwood Gate.
Mr. C. Marshall, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
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Mr. White wondered if the applicant would agree with the deletion of the portion of the
variance referring to the lack of a private garage on the property and the resulting need of
unenclosed parking to be accommodated on the subject property. Mr. Marshall indicated
that he had no objection to this request.
DECISION: Moved by Mr. Johnson and seconded by Mr. Smith and carried unanimously
that -
this application, PICA 22/95, by 983963 Ontario Limited, as amended to require the
construction of a garage as outlined in Section 5.(1)(x)A of By-law 3036, be APPROVED on
the grounds that the proposed front yard depth and side yard width variances are minor in
nature, appropriate for the desirable development of the land, and in keeping with the
general intent and purpose of the Durham Regional Official Plan, the Pickering District
Plan, and Sections 5.(1)(b)(iii) and 5.(1)(b)(iv) of amending Zoning By-law 2287/86 to
Zoning By-law 3036, subject to the following conditions:
1. That revised drawings identifying required changes to the structure, including removal
of unprotected window openings in the bay on the south side of the structure be
submitted, along with an application for revision to Building Permit Application 94.,-
1151 to the satisfaction of the Town's Chief Building Official.
2. That a revised building permit be obtained, and all associated works completed in
w accordance with the above-noted revised permit by December 31, 1995, or this decision
shall become null and void.
3. That these variances do not come into effect until the applicant submits a revised
architectural design statement for the proposed residential dwelling on the subject
property for the approval of the Director of Planning, in consultation with Town
Council.
4. PICA 51/95 - Rockport Holdings Limited
Blocks E, F, & G, Plan M-1024
(East side of Pickering parkway, north of Highway 401)
The part of the application referring to the building setback from Pickering Parkway had
been deferred from the July 26, 1995 meeting and was withdrawn by the applicant by letter
dated September 1, 1995.
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5. PICA 64/95, PICA 65/95, PICA 66/95,
PICA 67/95, PICA 68/95 and PICA 69/95
Maxcon Developments Ltd.
Part of Lot 32, Concession 1
(East side of Altona Road, south of Finch Avenue)
Town of Pickering
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The applicant requests relief from the provisions of the following sections of amending
By-law 4645/95 to Zoning By-law 3036:
1. Section 5.(2)(a)B to permit the establishment of a minimum lot area of 164 square
metres on Lots 1,2,3 and 4 (pICA 64/95, PICA 65/95, PICA 66/95 and PICA 67/95) and
a minimum lot area of 156 square metres on Lots 5 and 8 (PICA 68/95 and PICA 69/95);
whereas the by-law requires a minimum lot area of 180 square metres for multiple
dwellings - horizontal (townhouses).
2. Section 5.(2)(b)B to permit the establishment of minimum lot frontages of 5.49 metres
on Lots 1,2,3, and 4, (PICA 64/95, PICA 65/95, PICA 66/95 and PICA 67/95) and 4.88
metres on Lots 5 and 8, (pICA 68/95 and PICA 69/95); whereas the by-law requires a
minimum lot frontage of 6.0 metres for multiple dwellings - horizontal (townhouses).
3. Section 5.(2)(i)B(ii) to permit the establishment of minimum unit widths of 5.49 metres
on Lots 1,2, 3 and 4 (pICA 64/95, PICA 65/95, PICA 66/95 and PICA 67/95) and one
minimum unit width of 4.88 metres on each of Lots 5 and 8 (pICA 68/95 and PICA
69/95); whereas the by-law requires a minimum unit width of 6.0 metres for multiple
dwellings - horizontal (townhouses).
Under the current zoning and approved lotting configurations, the lots subject of these
applications would accommodate a total of 12 semi-detached residential dwelling units in
full compliance with the zoning by-law. The applicant has requested these variances in
_ order to allow the realignment of the lot lines so as to accommodate the development of 17
multiple horizontal dwelling units (townhouses).
The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department.
Mr. R. D'Andrea, the applicant, was present to represent the application. Mr. P. Landolt,
of Barcana Consultants Ltd. was also present in favour. No further representation was
present in favour of or in objection to the application.
Mr. D'Andrea made a brief presentation to outline his aim of building townhouses which
were marketable and attractive within the subdivision.
Mr. DiLecce asked for clarification of the Zoning By-law. Mr. Cole explained the fact that
the by-law permits either semi-detached dwellings or townhouse dwellings, on the subject
lands, with the actual housing types determined through the subdivision design and lotting
patterns. This subdivision design and lotting pattern which accommodates semi-detached
dwellings was approved by the Ontario Municipal Board.
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Mr. White, Mr. DiLecce, Mr. Young, and Mr. Smith all expressed concerns regarding
on-street parking. Mr. D'Andrea indicated that he has constructed an additional sidewalk
along the north side of Sparrow Circle to accommodate on-street parking, along with some
parking on the park block to the north of Chickadee Court, and additional parking on the
future Commercial Block located to the west of Chickadee Court.
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Mr. Young asked why the applicant didn't request the townhouses at the Ontario
Municipal Board.
Mr. Landolt responded that they were going to pursue a change to the subdivision at the
O.M.B., but were advised by planning staff that this request would be inappropriate since
the subdivision design had already been approved. Minor changes to the zoning and
subdivision could be considered by the Committee of Adjustment at a later date.
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Mr. Johnson expresses support for the proposal as the builder is responsible, the designs
appear desirable and the market should be supported.
Mr. White expressed concerns regarding the density at the entrance of the subdivision.
Mr. D'Andrea indicated that the recent Ontario Municipal Board Decision allowed him to
construct ten townhomes on Lots 1, 2, 3, and 4 inclusive; and the variance is only allowing
him one additional unit on these lots.
Mr. DiLecce wondered about the possibility of increasing the length of the driveways on
Lots 5 and 8 to accommodate additional parking.
Mr. D'Andrea expressed his agreement for a condition which incfeased front yard depth
and off-street parking.
DECISION: Moved by Mr. Johnson and seconded by Mr. White and carried
unanimously that -
(a) these applications, PICA 64/95, PICA 65/95, PICA 66/95, PICA 67/95, be
APPROVED on the grounds that the lot area, lot frontage, and unit width variances
are minor in nature, and appropriate for the desirable development of the land, and
in keeping the with general intent and purpose of Sections 5.(2)(a)B , 5.(2)(b)B, and
5.(2)(i)B(ii) of amending By-law 4645/95 to Zoning By-law 3036.
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(b)
these applications, PICA 68/95 and PICA 69/95 by Maxcon Developments Ltd., as
outlined, be APPROVED on the grounds that the lot area, lot frontage, and unit
width variances are minor in nature, and appropriate for the desirable development
of the land, and in keeping the with general intent and purpose of
Sections 5.(2)(a)B, 5.(2)(b)B, and 5.(2)(i)B(ii) of amending By-law 4645/95 to Zoning
By-law 3036, subject to the following condition:
1. That the dwelling on Lot 5 be constructed to provide 10.6 metres of driveway
from the garage entrance to the curb edge, and that the dwelling on Lot 8 be
constructed to provide 10.6 metres of driveway from the garage entrance to the
south edge of the sidewalk.
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6. PICA 70/95 - D. & G. Gibson
Part of Lot 3, Concession 7
(North side of Seventh Concession Road, east of Balsam Road)
Town of Pickering
The applicants request relief from the provisions of Section 6.2.2 of By-law 3037 to permit
the continuance of a minimum lot frontage of 144 metres; whereas the by-law requires that
an agricultural lot provide a minimum frontage of 150 metres.
......
Approval of this variance application is required to bring the subject property into
compliance with the zoning by-law in order for the applicants to obtain building permits
for a three-car garagelstorage barn to be located in the rear yard and additions to an
existing accessory building.
The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department.
Mrs. and Mr. Gibson, owners, were present to represent the application. No further
representation was present in favour of or in objection to the application.
DECISION: Moved by Mr. Smith and seconded by Mr. White and carried unanimously
that -
this application, PICA 70/95, by D. & G. Gibson, as outlined, be APPROVED on the
grounds that the lot frontage variance is considered to be minor in nature, appropriate for
the desirable development of the land, and in keeping with the general intent and purpose
of the Durham Regional Official Plan, the Pickering District Plan, and Section 6.2.2 of
Zoning By-law 3037.
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7.
PICA 71/95 and PICA 72/95
Maxcon Developments Ltd.
Part of Lot 32, Concession 1
(East side of Altona Road, south of Finch Avenue)
Town of Pickering
The applicant requests relief from the provision of Section 5.(2)(j)C(ii) of amending By-law
4645/95 to Zoning By-law 3036 to permit the establishment of an 8.79 metre front yard
setback for part of Lot 6 (pICA 71/95) and a 9.77 metre front yard setback for part of Lot 9
(PICA 72/95); whereas the by-law requires that a multiple dwelling - quadruplex with an
attached garage provide a minimum front yard setback of 10.6 metre.
Approval of these variance applications is requested in order to allow the applicant to
construct dwellings on lots within the subdivision which do not comply with the
above-noted current by-law requirements.
The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department.
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Mr. D' Andrea, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
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DECISION: Moved by Mr. Smith and seconded by Mr. DiLecce and carried unanimously
that -
this application, PICA 71/95 and PICA 72/95, by Maxcon Developments Ltd., as outlined,
be APPROVED on the grounds that the proposed front yard setback variances on Lots 6
and 9 are minor in nature, desirable for the appropriate development of the land and in
keeping with the general purpose and intent of the Official Plan and Section 5.(2)G)C(ii) of
amending By-law 4645/95 to Zoning By-law 3036, subject to the following condition:
1.
That the front yard setback variances apply only to the west side of the quadruplex
dwellings identified on the plans submitted with this application.
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8. PICA 73/95 - G. Leatherdale
Lot 15, Plan M-1219
Also known as 601 Aspen Road
Town of Pickering
The applicant requests relief from the provision of amending By-law 1101/80 to Zoning
By-law 3036 to permit the establishment of a 2.1 metre flankage side yard width; whereas
the by-law requires that a dwelling on a corner lot provide a flankage side yard width of
2.7 metres.
Approval of this variance application is required in order to obtain a building permit for a
greenhouse window which has already been constructed on the south (flankage) side of the
existing dwelling.
The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department.
w Mr. G. Leatherdale, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Mr. Smith asked the applicant if the greenhouse window addition was constructed.
Mr. Leatherdale indicated that the window has been constructed and he didn't realize an
error was made until the project was completed.
DECISION: Moved by Mr. White and seconded by Mr. DiLecce and carried unanimously
that -
this application, PICA 73/95, by G. Leatherdale, as outlined, be APPROVED on the
grounds that the south flankage side yard width variance is minor in nature, appropriate
for the desirable development of the land, and in keeping with the general intent and
purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section
5.(a)2.(e) of amending By-law 1101/80 to Zoning By-law 3036, subject to the following
condition:
1. That the flankage side yard width variance apply only to the dwelling and
greenhouse window addition in existence on the date of this decision.
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9. PICA 74/95 - Marshall Homes Corporation
Part of Lot 8, Plan 282
Also known as 1506 Oakburn Street
Town of Pickering
The applicant requests relief from the provision Section 10.2.6 of By-law 3036 to permit the
establishment of a maximum lot coverage of 38 percent; whereas the by-law limits the
maximum lot coverage of all structures on the lot to 33 percent.
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Approval of this variance application is required in order to obtain a building permit for a
proposed two-storey dwelling on the subject property.
The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department.
Mr. C. Marshall, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
DECISION: Moved by Mr. Smith and seconded by Mr. DiLecce and carried unanimously
that -
this application, PICA 74/95, by Marshall Homes Corporation, as outlined, be APPROVED
on the grounds that the lot coverage variance is minor in nature, appropriate for the
desirable development of the land, and in keeping with the general intent and purpose of
the Durham Regional Official Plan, the Pickering District Plan, and Section 10.2.6 of By-
law 3036, subject to the following condition:
1. That the 38 percent maximum lot coverage variance apply only to the proposed
residential dwelling to be built on the subject lot as outlined in the applicant's
submitted plans.
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10. ADJOURNMENT
MOTION: Moved by Mr. White, seconded by Mr. DiLecce and carried unanimously that-
The 13th meeting of the Committee of Adjustment be adjourned at 8:45 p.m. and the next
regular meeting of the Committee of Adjustment be held on Wednesday, October 18,1995.
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ASSrSTA T ECRET ARY- TREASURER
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