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HomeMy WebLinkAboutSeptember 6, 1995 ~~ OF PIC ,,0 ~ ~--~ ~di;~ .. MINUTES of the 12th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, September 6,1995. '-' PRESENT: Mr. J. C. Young, Chairman Mr. S. Smith Mr. N. DiLecce Mr. R. Johnson ALSO PRESENT: Mr. J. Cole, Assistant Secretary-Treasurer Mrs. P. Healey, 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. Smith, seconded by Mr. DiLecce and carried unanimously- ~ That the adoption of the minutes of the 11th meeting of the Committee of Adjustment held August 16, 1995, be adopted. 3. PICA 48/95 - Pickering Square (1986) Inc. Part of Lot 20, Concession 1 (Parts 2 and 3, 40R-4157) Also known as 1550 Kingston Road Town of Pickering The applicant requests relief from the provisions of: 1. Section 5.(2)(a) of amending By-law 4063/92 to Zoning By-law 3036 to permit a building to be built outside the required building envelope; whereas the By-law requires that all buildings be located within the required building envelope. 2. Section 5.(2)(e)(i) of amending By-law 4063/92 to Zoning By-law 3036 to permit a total gross leasable floor area of 7,889.87 square metres for the buildings on the property; whereas the by-law, as varied by PICA 82/90, requires that the gross leasable floor area of buildings on the property, including an outdoor patio for Kelseys Restaurant, shall not exceed 7,227.87 square metres. __ 3. Section 5.21.2 d) of By-law 3036 to permit a parking area abutting a road allowance to be setback .53 metres; whereas the by-law requires a parking area abutting a road allowance to be set back 3.0 metres. Approval of this variance application is required in order to allow the establishment of a new 662 square metre building and additional parking spaces on the subject property, as identified on the attached applicant's submitted plan. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. R. Feldman, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Johnson inquired about how this addition might affect the time of garbage pickup for this site as complaints regarding garbage being picked up as early as 6:00 a.m. have been received from the Durham Non-Profit Co-op. Mr. Feldman indicated that Laidlaw, the garbage contractor, has been contacted regarding a different time for garbage pickup in an effort to satisfy the neighbours. DECISION: Moved by Mr. Smith and seconded by Mr. DiLecce and carried unanimously '-" that - this application, PICA 48/95, by Pickering Square (1986) Inc., as outlined, be APPROVED on the grounds that the proposed building location, revised gross leasable floor area increase and parking space set back variances are minor in nature, desirable for the appropriate development of the land and in keeping with the general purpose and intent of the Durham Regional Official Plan, the Pickering District Plan and Sections 5.(2)(a), 5.(2)(e)(i) of amending By-law 4063/92 to By-law 3036 and 5.21.2 d) of By-law 3036, subject to the following conditions: 1. That the applicant receive final revised site plan approval from the Planning Department for the development of a new one-storey building at the southwest corner of the subject property with a maximum of one row of parkin'g between the building and Kingston Road, no parking between the building and Valley Farm Road, and a minimum setback from the northerly abutting residential lot on Valley Farm Road of 17.0 metres as identified on Plan P-3 dated August 10, 1995, prepared by Edward Galanyk Architect, and the establishment of new parking spaces within two years of the date of this decision, or this decision will become null and void. 2. That the total gross leasable floor area variance be revised from the requested 7,889.7 square metres, to permit a maximum total gross leasable floor area on the property of 7,870.5 square metres. '-" 4. PICA 61/95 - E. Hough Part of Lot 3, Concession 5 (West side of Audley Road, south of Highway No.7) Town of Pickering The applicant requests relief from the provision of By-law 3037 to permit the establishment of an accessory structure to be located in the south side yard of the subject property; whereas the By-law requires all accessory buildings which are not part of the main building be erected in the rear yard not less than 1.0 metres from all lot lines. Approval of this variance application is required in order to obtain a building permit for a proposed cabana to be located in the side yard of the subject property. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. H. Hough, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. ...... 65 . DECISION: Moved by Mr. Johnson and seconded by Mr. DiLecce and carried unanimously that - this application, PICA 61/95, by E. A. Hough, as outlined, be APPROVED on the grounds that the accessory structure location 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 5.18(a) of By-law 3037, subject to the following condition: 1. That this variance apply only to the proposed accessory structure (cabana) in the location outlined on the applicant's submitted plans. -- 5. PICA 62/95 - S. Bell Lot 3, Plan 434 Also known as 115 Woodview Avenue Town of Pickering The applicant requests relief from the provision of By-law 3036 to permit the continuance of a .99 metre south side yard width; whereas the By-law requires that a dwelling provide minimum side yard widths of 1.8 metres on one side and 3.0 metres on the other. Approval of this variance application is required in order to bring the existing dwelling into compliance with the by-law and to obtain a building permit for proposed additions on the northeast and southeast side of the existing dwelling, as well as a detached garage to be located in the rear yard of the subject property. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and E. N. Johnson, 115 Woodview Drive. Ms. S. Bell, the applicant, was present to represent the application. Councillor S. Senis was W also present in support of the application. Mrs. M. Latchford, 117 W oodview Drive, was present and wished to comment on the application. Mrs. Latchford commented on the lack of any markings setting out the property boundaries and felt that, as the property was quite old, a new survey should be done which would avoid any boundary dispute in the future. She expressed concern about the mature trees being put into jeopardy on the property line where the new driveway is proposed. Mrs. Latchford also had concern about the grading of the property for the new driveway as they have two basement windows on the side where the new driveway is planned and would not want to be faced with possible future flooding in their basement. Mr. Smith pointed out that this variance is to bring the existing dwelling into compliance with the by-law. Mr. Cole mentioned that he would ensure that the Building Department is made aware of Mrs. Latchford's concerns. Mr. Johnson questioned whether an up-to-date survey is required and Mr. Cole responded that, for this type of application, there is no problem working from the applicant's submitted plan but the possibility would exist that a future survey could result in another variance application being required. w 66 I1ECISION: Moved by Mr. Smith and seconded by Mr. Johnson and carried unanimously that - this application, PICA 62/95, by S. Bell, as outlined, be APPROVED on the grounds that the south 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 9.2.3 of Zoning By-law 3036, subject to the following condition: 1. That the side yard width variance apply only to the existing dwelling and proposed additions as generally identified on the applicant's submitted plans. w 6. PICA 63/95 - G. Dunning Part of Lot 30, Concession 1 Also known as 598 Sheppard Avenue Town of Pickering The applicant requests relief from the provision of Section 5.18(a) of By-law 3036 to permit the continuance of an accessory structure to be located 0.60 of a metre from the rear lot line and 0.89 metres from the east side lot line in the rear yard of the subject property; whereas the by-law requires that all accessory buildings which are not part of the main dwelling be erected in the rear yard not less than 1.0 metres from all lot lines. Approval of this variance application is required in order to bring the existing property into compliance with the by-law. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and CN Railway, Toronto, Ontario. '-'" Mr. Dunning, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Dunning requested that further correspondence regarding this property be sent to the new owners, Mr. & Mrs. B. Shanks. DECISION: Moved by Mr. Smith and seconded by Mr. DiLecce and carried unanimously that - this application, PICA 63/95, by G. Dunning, as outlined, be APPROVED on the grounds that the accessory structure setback 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 5.18(a) of By-law 3036, subject to the following condition: 1. That the accessory structure setback variances apply only to the existing structure in existence on the date of this decision. ..... 67 '-' w w 7. ADJOURNMENT MOTION: Moved by Mr. DiLecce, seconded by Mr. Smith and carried unanimously that- The 12th meeting of the Committee of Adjustment be adjourned at 7:35 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, September 27,1995. 5e-(1. Z~ /~?7 DAT ~~~ AssfsT~ T SECRETARY-TREASURER 68