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HomeMy WebLinkAboutSeptember 2, 1992 " , . - 58 - MINUTES of the 11th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, September 2, 1992. PRESENT: Mrs. C. Scorer, Acting Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough Mrs. E. McDougall, Secretary-Treasurer Mr. Jeffrey G. Cole, Planner - ALSO PRESENT: The Meeting convened at 6:30 p.m. in the Legal Services Meeting Room and thereafter continued in the Committee Room of the Civic Complex. I. APPOINTMENT OF ACTING CHAIRPERSON MOTION: Moved by Mrs. Kerr, seconded by Mr. Puterbough, and carried unanimously that due to the absence of Ms. Susan Archer, Chairperson, of the Committee of Adjustment, that Mrs. C. Scorer be appointed as Acting Chairperson of the Committee of Adjustment for the lith meeting on September 2, 1992 only. 2. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. ...... 3. ADOPTION OF MINUTES MOTION: Moved by Mrs. D. Kerr, seconded by Mr. Bhuta and carried unanimously- That the minutes of the 10th meeting of the Committee of Adjustment held August 12, 1992 be adopted. 4. PICA 58/92 - R. & W. Rollings Lot 48, Plan 316 (also known as 1974 Guild Road) Town of Pickering The applicants request relief from the provisions of Zoning By-law 3036: Section 9.2.1 of the By-law to permit the continuance of a lot frontage of 15.5 m. whereas the By-law requires that a lot provide a minimum frontage of 18.0 metres. Sectio~ 9.2.5 of the By-law to permit the continuance of a minimum floor area of 97.0 m whereas the By-Ia~ requires that the floor area of the dwellings on the lot provide a minimum of no m . Section 5.18(b) of the By-law to permit the establishment of a total lot coverage of 5.2 percent for accessory structure buildings whereas the By-law requires that accessory structure buildings not exceed a total lot coverage of 5 percent. Approval of this variance application is required to bring the subject property into '-' compliance with the provisions of the Zoning By-law and to obtain a building permit for a proposed workshop/shed. (1) (2) (3) The Secretary-Treasurer outlined comments received from the Planning Department. No other comments were received. Mr. Rollings was present to represent the application. No further representation was present in favour or in objection to the application. Mr. Rollings stated that this variance is an existing situation. He said that the house and lot were too small. He was puzzled why he had to go through the variance process. - 59 - Mr. Cole explained that the property was not in compliance with the zoning by-laws even though it is an existing situation, and requires a variance. to bring the property into compliance. Mr. Cole also stated mortgage companies often require the property be in compliance with the Zoning By-laws before extending mortgage money. He then stated that existing situations are often cleared up when the owner applies for a building permit, and then is required to bring the property in compliance. Mr. Rollings stated that there may be only two lots on the entire street that comply with the By-laws. Mr. Rollings stated the home was small and did not have a basement. Mr. Rollings stated the workshop/shed was not a "prefab", and the measurements were for the space he required. '-'" DECISION: Moved by Mr. Bhuta and seconded by Mr. Puterbough, and carried unanimously that - this application, P /CA 58/92 by R. & W. Rollings, as outlined, be APPROVED on the grounds that the requested variances are minor in nature, desirable for the appropriate 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 9.2.1, 9.2.5. and 5.l8(b) of By-law 3036 subject to the following condition: 1. That the dwelling floor area variance apply only to the dwelling in existence on the date of this decision. 5. P /CA 59/92 - R. & B. Carey Lot 1117, Plan M-15 (also known as 1248 Ilona Park Road) Town of Pickering The applicants request relief from the provisions of Section 7.2.3 of By-law 2520: (i) to permit the establishment of a 0.76 m. north side yard width whereas the By-law requires that a dwelling without an attached garage provide minimum side yard widths of 1.5 m. on one side and 2.4 m. on the other side; (ii) to permit the establishment of a 6.7 m. front yard depth whereas the By-law requires ..... a front yard depth of 7.5 m. Approval of this variance application is required in order to allow construction of a second-storey addition and balcony over the existing veranda. The Secretary-Treasurer outlined comments received from the Planning Department. No other comments were received. Mr. Norm Davies, of Norm Davies Construction, authorized agent for the applicants, was present to represent the application. No further representation was present in favour or in objection to the application. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr, and carried unanimously that - this application, PICA 59/92 by R. & B. Carey, as outlined, be APPROVED on the grounds that the variances are minor in nature, desirable for the appropriate 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 7.2.3 of Zoning By-law 2520. 6. P /CA 60/92 - Commemorative Services of Ontario Part of Lots 17 and 18, Concession 3 Town of Pickering '-'" The applicant requests relief from the provisions of Section 5. (2) (d) (i) - Special Restrictions, Schedule II of By-law 3037, as amended by By-law 1927/84, to permit a front yard depth of 8.2 metres whereas the By-law requires that a building provide a minimum 15.0 m. front yard depth. Approval of this variance application is required in order that the existing building may be used for a cemetery administrative office. The Secretary- Treasurer outlined comments received from the Planning Department. Verbal comments were received from the Region of Durham - Health Unit indicating they had no objection to the application, but the comment was not their approval for a building permit. - 60 - Mr. Glen Timney, agent for the applicant, was present to represent the application. No further representation was present in favour or in objection to the application. Mr. Timney indicated that they require the variance since Commemorative Services had to convey property to the Region for a road allowance, and therefore the frontage of the property had to be varied. Mr. Puterbough inquired regarding the farming of the property. Mr. Timney indicated that they wish to retain the farm character of the farm. Only six to seven acres of the approximate 84 acre parcel of land will be used for the cemetery at the start of the project. They intend to restore the buildings (brick repointed, new shutters, doors, windows). Mr. Timney indicated construction would begin in the fall of this year, and the cemetery opening would be in June of 1993. -- DECISION: Moved by Mr. Puterbough, seconded by Mrs. Kerr, and carried unanimously that - this application, PICA 60/92 by Commemorative Services of Ontario, as outlined, be APPROVED on the grounds that the variance is minor in nature, desirable for the appropriate 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.(2)(d)(i) of By-law 1927/84 subject to the following condition: I. That this variance apply only to the dwelling in existence on the date of this decision. 7. PICA 61/92 - K. & B. Murphy Part of Lot 4, Plan 282 (also known as 1802 Woodview Avenue) Town of Pickering The applicants request relief from the provisions of Zoning By-law 3036: __ (2) Section 10.2.3 of By-law 3036 to permit the continuance of a 1.43 m. rear north side yard width whereas the By-law requires that a dwelling with an attached garage provide a minimum 1.5 m. side yard width; Section 5.7(a) of By-law 3036 to permit the continuance of main eaves projecting 1.0 m. into the required north side yard width and 0.8 m. into the required south side yard width whereas the By-law requires that main eaves do not project more than 0.6 m. into any required yard. Approval of this variance application is required to bring the newly constructed dwelling on the lot into compliance with the Zoning By-law. (1) The Secretary- Treasurer outlined comments received from the Planning Department. No other comments were received. Mr. Murphy was present to represent the application. No further representation was present in favour or in objection to the application. Mr. Murphy stated that he paid the Town $1300.00 to approve the building plans to get a permit for the house. He stated that he felt the measurement to be varied was really only about one-quarter inch because of the styrofoam and parging on top of the foundation wall was about two and one-half inches. He stated the measurement was taken from the outside of the styrofoam and parging. He stated that there was no mention of the eaves at the time the building permit was obtained. Later, he received a phone call from the Town that they needed to do a final check of the dwelling. He then received another phone call from the Town that he needed to submit another set of plans because "they" did not have any. He was then informed that he needed a variance for the plans to comply with the Zoning By-laws, and that he had to pay another $160.00 for a variance application. He required an occupancy permit if he wanted to sell his house. __ Mrs. Scorer indicated that Mr. Murphy's situation had become quite frustrating. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Kerr, and carried unanimously that - this application, PICA 61/92 by K. & B. Murphy, as outlined, be APPROVED on the grounds that the requested variances are minor in nature, desirable for the appropriate 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 10.2.3 and 5.7(a) of By-law 3036 subject to the following condition: 1. That these variances apply only to the dwelling in existence on the subject property on the date of this decision. . .61 . 6. ADJOURNMENT MOTION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried that. the 11th meeting of the Committee of Adjustment be adjourned at 7:35 p.m. and the next regular meeting be held on Wednesday, September 23,1992. ~ ~z'.' , .n /''"'0 o 0 0 PR~V'E~'r'&la~~~ ?/ /;7 /,-<- C~~~2.,LJ'L-' CHAIRPERSON 'q t{'J -2 / , i!. -, ,,-~~j / C '00( c &< :; ,z t>C_ SECRETARY.TREAsURER - ....