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HomeMy WebLinkAboutMarch 1, 1995 ~~ OF PiC ,,0 ~ ~--~ ~ di;~ - MINUTES of the 3rd meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, March 1, 1995. ..... PRESENT: J. C. Young, Chairperson N. DiLecce R. Johnson S. Smith P. White ALSO PRESENT: Eva McDougall, Secretary-Treasurer Valerie R. Rodrigues, Senior Planner 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 P. White, seconded by S. Smith and carried unanimously- That the minutes of the 2nd meeting of the Committee of Adjustment held February 8, 1995, be adopted. 3. PICA 11/95 - Claremont Estates (Ontario) Limited (D. and S. Barkey) Part of Lot 19, Concession 9 (South/west of Hoxton Street; north of C.P .R. Line) Town of Pickering The applicant requests relief from the provisions of Section 6.2.1 of the Zoning By-law to permit the establishment of a minimum lot frontage of 28.5 metres, whereas the By-law requires that a 2.4 hectare residential lot in the "A" - Rural Agricultural Zone provide a minimum lot frontage of 108.0 metres. ...." N.B.: Due to the irregular shape ofthe subject property, the lot frontage is measured as the distance between side lot lines; 7.5 metres back from the front lot line. The applicant has submitted land severance applications (LD 360/94 and LD 361/94) to the Region of Durham which will have the effect of creating the subject property. The applicant requests this variance application in order to bring the proposed subject property into compliance with the provisions of the zoning by-law. Mr. D. Bennet, the agent, was present to represent the application. Mr. K. Smith was also present in support of the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, the Metropolitan Toronto and Region Conservation Authority and the Region of Durham Health Department. Mr. Bennet advised that Land Division Applications 360/94 and 361/94 have been heard by the Land Division Committee and have been approved subject to conditions of approval. ....., DECISION: Moved by P. White and seconded by N. DiLecce and carried unanimously that - this application, PICA 11/95, by Claremont Estates (Ontario) Limited, as outlined, be APPROVED on the grounds that the variance is minor in nature, appropriate for the desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section 6.2.1 of By-law 3037 subject to the following condition: 1. That Land Severance Applications LD 360/94/94 and LD 361/94 become final and binding within one year of the date of this decision, or this variance shall become null and void. 4. PICA 13/95 - E.H. Weston Lot 18, Plan 818 Also known as 881 Taplin Drive Town of Pickering .~ The applicant requests relief from the provisions of Section 5.18(d) of Zoning By-law 3036 to permit the establishment of a 0.9 metre east side yard width to be provided by a proposed garage to be constructed on the subject property, whereas the By-law requires that a dwelling with an attached garage provide minimum side yard widths of 1.5 metres. The applicant was present to represent the application. Mr. M. Mazgay was also present in support of the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Weston also submitted letters in support of the application from R. Holland and L. Kerr, 885 Taplin Drive; R. Maharaj, 886 Taplin Drive; and G. and M. Mazgay. Mr. Weston advised the Committee of the grading situation with regard to his property, and supplied information regarding a previous variance approved in 1989 for the west side of his property. Mr. Weston stated that the grade of the property to the west of his lot is 18 inches higher than his property, and the property to the east is lower than his lot. He advised that the proposed garage would be better situated on the east side of the lot, as opposed to the west side of the lot. He stated his neighbour's property to the east has a garage as well, and the proposed garage would look better side by side his neighbour's garage. ,-. R. Johnson inquired regarding the preservation of the trees located near the location of the proposed garage. Mr. Weston advised that the trees were in fact cedar shrubs, and that the trees on the west side of the property were worth preserving. R. Johnson advised that the grading situation does have an impact on the variance and added that the Planning Department was not aware of the grading on the property prior to the meeting. 15 P. White inquired as to the size of the proposed garage. Mr. Weston advised that the depth of the proposed garage is 20 feet (6 metres), and stated there are several triple-car garages in the area. DECISION: Moved by R. Johnson and seconded by P. White and carried unanimously that - this application, PICA 13/95, by E.H. Weston, as outlined, be APPROVED, on the grounds that the variance is minor in nature, appropriate and desirable development of the lands, and is in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section 5.18(d) of Zoning By-law 3036 subject to the 'W' following conditions: 1. That the applicant submit to the Planning Department upgraded street elevation drawings showing the design of the proposed garage to the satisfaction of the Planning Department; and 2. That the grading and drainage on the subject property be satisfactory the Town of Pickering. 5. PICA 14/95 & PICA 16/95 - I. Dunlop Part of Lot 30, Concession 5 Also known as 550 Whitevale Road Town of Pickering The applicant requests relief from the provisions of Section 5.(I)(b)(i) of amending By-law 2677/88 to Zoning By-law 3037, as amended by Zoning By-law 2677/88 to permit the establishment of the following: PICA 14/95: a minimum lot area of 2,359.0 square metres for the proposed retained lot, ~ whereas the By-law requires that a lot provide a minimum lot area of 3,000.0 square metres; and PICA 16/95: a minimum lot area of 2577.9 square metres for the proposed severed lot, whereas the By-law requires that a lot provide a minimum lot area of 3,000.0 square metres. The applicant has submitted Land Division Application LD 40/95 to the Region of Durham to request severance ofthe subject property. The applicant requests this variance application in order to bring the proposed retained and severed lots into compliance with the provisions of the zoning by-law. John Dunlop and Irene Dunlop were present to represent the application. Councillor Farr was present in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham Health Department. Mr. Dunlop stated that there is a natural tree line dividing the subject property along the proposed severance line. Mr. Dunlop advised the Committee that his neighbours are in support of the application. ...... Councillor Farr advised that the variances were not appropriate with respect to percentage of the required lot area requirement of the zoning by-law, and stated he was surprised that the residents of Whitevale were not in attendance to oppose the variance. Mr. Dunlop advised that a previous land severance application in 1985 was approved with no objections. 16 DECISION: Moved by R. Johnson and seconded by N. DiLecce and carried that- this application, PICA 14/95 and PICA 16/95 by I. Dunlop, as outlined, be APPROVED, on the grounds that the variance is minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section 5.1(b)(i) of Zoning By-law 3037, as amended by By-law 2677/88 subject to the following conditions: .... 1. That this variance is not final and binding until an amendment to the Whitevale Development Plan has been approved by Town Council; and 2. That Land Severance Application LD 40/95 becomes final and binding within one year of the date of this decisions, or this variance shall become null and void. 6. PICA 15/95 - B. and J. Luttmer Part of Lot 23, Range 3, B.F.C. Also known as 590 Liverpool Road Town of Pickering The applicants request relief from the provisions Section 5.(I)(c)(v)A of amending By-law 2210/86 to Zoning By-law 2511 to permit the establishment of a maximum gross floor area of 560.0 square metres for a Restaurant - Type A, in the existing building on the subject property, whereas the By-law requires a maximum gross floor area of not larger than 93.0 square metres for a Restaurant - Type A. The applicants were present to represent the application. Councillor D. Farr was also present in support of the application. ~ The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, the Town Department of Public Works, the Region of Durham Health Department and the Pickering Harbour Company Limited. Councillor Farr advised the Committee that Swan's Marina is a fine establishment and is a vibrant part of the Bay Ridges Community. DECISION: Moved by S. Smith and seconded by R. Johnson and carried unanimously that - this application, PICA 15/95, by B. and J. Luttmer, as outlined, be APPROVED, on the grounds that the 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(1)(c)(v)A of Zoning By-law 2210/86, subject to the following conditions: 1. That this variance applies only to the existing multi-use building on the subject property at the time of this decision; 2. That this variance does not come into effect until the owner demonstrates that there are 68 accessible and useable parking spaces on the property to the satisfaction of the Planning Department; and ~ 3. That the owners obtain revised site plan approval for the development as generally outlined on the plans submitted with this application within twenty-four months of the date of this decision, or approval of the this variance will become null and void. 17 ~ " "-' 7. ADJOURNMENT MOTION: Moved by R. Johnson, seconded by N. DiLecce and carried unanimously that - That the 3rd meeting of the Committee of Adjustment be adjourned at 8:20 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, March 22,1995. D:;f;~/ c L -2 c;;:./ ,/ so:'> C;;',,,- - / ,,/, ~c:.-.} \'"=,/ ,~.-r,_ 18