Loading...
HomeMy WebLinkAboutMay 20, 1992 - 30- MINUTES of the 6th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Centre on Wednesday, May 20th, 1992. PRESENT: Ms. S. Archer, Chairperson Mrs. D. Kerr Mrs. C. Scorer Mr. B. Bhuta Mr. M. Puterbough .....ALSO PRESENT: Mrs. C. Livie, Secretary- Treasurer Mrs. L. Taylor, Planner. The Meeting convened at 7:00 p.m. in the Committee Room of the Civic Centre. 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 2. ADOPTION OF MINUTES MOTION: Moved by Mr. Puterbough, seconded by Mr. Bhuta and carried unanimously that - the minutes of the 5th meeting of the Committee of Adjustment held April 29th, 1992, be adopted. 3. PICA 30/92 - Walnut Grove Plaza Part Lot 24, Concession 1 Also known as 1163 Kingston Road Town of Pickerinl: ..... The applicants request relief from the provisions of: a) Section 4(12) of By-law 2836/88 to permit a Restaurant Type "B" on the subject property to include a food take-out component in addition and incidental to food being consumed on the premises, whereas the By-law includes a Restaurant Type "B" as a permitted use on the subject property and defines such use as a "Building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or buildings on the premises only". b) Section 5(b)(xi) of By-law 2836/88 to permit one or more rest~rants on the subject property not exceeding an aggregate gross floor area of 375 m , whereas the By-law limits the number 01 restaurants Type "B" on the subject property to one restaurant not exceeding 375 m . Approval of this variance application is required in order that a second restaurant with a food take-out component may be2established on the subject property not exceeding an aggregate gross floor area of 375 m for both restaurants. The Secretary-Treasurer outlined comments received from the Planning and Public Works Department. The applicant and committee members were provided with a copy of all comments received. Mr. Victor Lind, agent acting on behalf of the applicants, was present to represent the application. No further representation was present in favour or in objection to the application. ~ M~. Lind advised that due to the current economic conditions, only 11,000 ft.2 out of 17,000 ft. of the plaza is leased. The applicants are having difficulty in leasing the remaining floor area due to the market. However, they have two tenants for restaurants with a take-out food component. - 31- DECISION: Moved by Mr. Puterbough, seconded by Mr. Bhuta and carried unanimously that - .,., this application, PICA 30/92 by Walnut Grove Plaza Inc, as outlined, be APPROVED on the grounds that the requested variances are minor in nature in light of today's current economic conditions, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Durham Regional Olncial Plan, the Pickering District Plan and Sections 4(12) & 5(b)(xi) of By-law 3036 as amended by By-law 2836/88, subject to the following conditions: 1. That the number of restaurants on !he subject property not exceed two, with a maximum aggregate floor area of 375 m . 2. That the maximum floor area of the food take-out component of each restaurant not exceed 30 mZ. 4. P /CA 31/92 - C. Brousseau/D. Black Lot 41, Plan 270 Also known as 529 Park Crescent Town of Pickerine The applicants request relief from the provisions of: a) Section 5.19(a) of By-law 2511 to permit the continuance of a minimum 0.35 metre north yard width provided by an existing detached garage located in the rear yard, whereas the By-law requires that acccessory structures be located in the rear yard not less than 1.0 metres from all lot lines. b) Section 5.19(d) of By-law 2511 to permit: i) the continuance of a minimum 0.609 metre north side yard width provided by the existing dwelling with a new addition at the rear; and ii) the establishment of a minimum 0.2 metre south side yard width to be provided by a proposed carport; whereas the By-law requires that a dwelling with an attached garage (carport) provide minimum side yard widths of 1.5 metres. ~ c) Section 10.2.1 of By-law 2511 to permit the subject property, being Lot 41, Plan 270, also known as 529 Park Crescent, to have a minimum lot frontage of 12.19 metres, whereas the By-law requires that a lot provide a minimum lot frontage of 15 metres. d) Section 10.2.3 of By-law 2511 to permit: i) the continuance of a minimum 3.88 metre front yard depth provided by the existing dwelling on the lot; ii) the establishment of a minimum 3.88 metre front yard depth to be provided by a proposed carport; whereas the By-law requires that a dwelling provide a minimum front yard depth of 7.5 metres. e) Section 10.2.6 of the By-law to permit the establishment of a lot coverage of 35.5%, whereas the By-law requires that lot coverage for all buildings not exceed a maximum 33% of the lot. .,., Approval of this variance application is required to bring the subject property into compliance with the provisions of the By-law and to obtain a building permit for an addition to the rear of the dwelling and a detached garage located in the rear yard. The Secretary-Treasurer outlined comments received from the Planning Department and Public Works Department. The applicants and committee members were provided with a copy of all comments received. C. Brousseau and D. Black were present to represent the application. No further representation was present in objection or in favour of the application. Mr. Brousseau addressed the comments received from the Planning Department which indicated that the site plan submitted with the application did not include the deck. He advised that the deck is a covered deck thereby it was included in the plan he submitted even though it appeared as though it only included the addition. - 32- Mrs. Archer stated that as the applicants must apply for an additional lot coverage variance for the carport prior to obtaining a building permit for the carport, in her opinion the variances requested in this application respecting the carport should be considered at that time. DECISION: Moved by Mrs. Scorer, seconded by Mrs. Kerr and carried unanimously that - '-" this application, PICA 31/92 by C. Brousseau and D. Black, A) to permit: a) the continuance of a minimum 0.35 metre north yard width provided by an existing detached garage located in the rear yard; b) the continuance of a minimum 0.609 metre north side yard width provided by the existing dwelling with a new addition at the rear; c) the subject property, being Lot 41, Plan 270, also known as 529 Park Crescent, to have a minimum lot frontage of 12.19 metres; d) the continuance of a minimum 3.88 metre front yard depth provided by the existing dwelling on the lot; e) the establishment of a lot coverage of 35.5%; be APPROVED on the grounds that the requested variances are minor in nature, required to recognize existing situations, 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 5.19(a), 5.19(d), 10.2.1, 10.2.3 and 10.2.6 of By-law 2511, subject to the following condition: 1. That a building permit for the addition at the rear of the dwelling be obtained within two years of the date of this decision or this decision shall become null and void. B) to permit: a) the establishment of a minimum 0.2 metre south side yard width to be provided by a proposed carport; and b) the establishment of a minimum 3.88 metre front yard depth to be provided by a proposed carport; be DISMISSED without prejudice. ~. 5. PICA 35/92 - Cougs Investments (Pickering) Lot 51, Plan 40M-1664 Also known as 2330 Wildwood Crescent Town of Pickering The applicants request relief from the provisions of Section 5(1)(b)(vi)B&C of By-law 3640/91 to permit the establishment of a minimum 5.88 metre rear yard depth to be provided by a proposed dwelling on the subject property, whereas the By-law requires that a dwelling provide a minimum 7.5 metre rear yard depth. Approval of this variance application is required in order to permit the construction of a dwelling on the subject property as proposed in building permit application #92-442. The Secretary-Treasurer outlined comments received from the Planning Department and Public Works Department. The applicants and committee members were provided with a copy of all comments received. Mr. D. Brand was present to represent the application. No further representation was present in favour or in objection to the application. Mr. Brand advised that the building permit for the dwelling proposed on the subject property is pending approval of this application. The subject property has been sold. "-" - 33- '-' Mr. Puterbough asked if the dwellings on the adjacent lots are comparable in size to the dwelling propo,d for the subject property. Mr. Brand replied that t~e dwelling on the south side is 1,800 ft. and the dwelling on the north side is over 2,000 ft. . In his opinion, these dwellings are comparable in size and design. DECISION: Moved by Mr. Bhuta, seconded by Mrs. Kerr and carried unanimously that- this application, P /CA 35/92 by Cougs Investments (Pickering), as outlined, be APPROVED on the grounds that the requested 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(I)(b)(vi)B&C of amending By-law 3640/91, subject to the following conditions: 1. That this approval apply only to the proposed development as generally outlined in application P /CA 35/92. 2. That the owner obtain a building permit from the Town within two years of the date of this decision or this decision shall become null and void. 6. P /CA 36/92 & P /CA 37/92 - S. Wideman Part Lots 45 & 46, Plan 12 Also known as 5035 Franklin Street Hamlet of Claremont As the following applications are similar in nature, these applications were considered together. APPLICATIONS The applicant requests relief from the provisions of: - PleA 36}92 - proposed severed parcel of LD 28/92 Section 8.2.1 of By-law 3037 to permit the subject property, being Part Lots 45 & 46, Plan 12 '-" (Part 1, 40R-Plan), to have a minimum 3.5 metre lot frontage, whereas the By-law requires that a lot provide a minimum 22 metre lot frontage. PICA 37/92 - proposed retained parcel of LD 28/92 a) Section 5.18(a) of By-law 3037 to permit a 0.0 metre east yard width provided by an existing accessory structure located in the rear yard of the proposed retained parcel, whereas the By-law requires that detached accessory structures be located in the rear yard not less than 1.0 metre from all lot lines. b) Section 5.18(e) of By-law 3037 to permit the continuance of a maximum height of 4.5 metres for the existing accessory structure on the subject property, whereas the By-law limits the height of accessory structures in any residential zone to a maximum height of 3.5 metres. Approval of these variance applications is required in order to bring the proposed severed and retained parcels subject of Land Division application LD28/92 into compliance with the provisions of the By-law. The Secretary- Treasurer outlined comments received from the Planning Department and Durham Regional Health Services. The applicants and committee members were provided with a copy of all comments received. Mr. J. Anderson, agent on behalf of the applicant, was present to represent the applications. No further representation was present in favour or in objection to the applications. ...... Mr. Anderson advised that the accessory structure existing on the proposed retained parcel which is indicated as a dwelling on the submitted survey is in fact a storage shed. He stated that in the past it had been used as a butcher shop but that this use has siezed. - 34- Respecting the encroachment of the accessory structure into the adjacent property, Mr. Anderson submitted a letter to the Committee from Mr. Boehnke, 5030 Barber Street, indicating no objection to the encroachment of the accessory structure into his property. Mr. Anderson stated that the lands immediately to the north of the the proposed severed parcel will be developed for residential development in the future and that this development will result in the extension of Franklin Street across the width of the subject property. Mrs. Archer cautioned the applicant that the accessory structure on the retained parcel cannot be used for a business in the future. .... DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that - this application, PICA 36/92 by S. Wideman, be APPROVED on the grounds that the requested 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 8.2.1. of By-law 3037, subject to the following condition: 1. That this approval apply only to the property subject of PiCA 36/92 as generally identified on the survey submitted with the application. DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that. this application, PICA 37/92 by S. Wideman, be APPROVED on the grounds that the requested 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 8.2.1. of By-law 3037, subject to the following condition: 1. That this approval apply only to the accessory structure subject of PICA 37/92 which exists on the subject property on the date of this decision. '-" MOTION: Moved by Mrs. Kerr, seconded by Mr. Bhuta and carried unanimously that- consideration of variance applications, PICA 32/92 by L. O'Doherty, and PICA 33/92 & PICA 34/92 by 909275 Ontario Limited, be deferred for consideration at the next meeting. 7. AD.JOURNMENT MOTION: Moved by Mrs. Kerr, seconded by Mrs Scorer and carried unanimously that. the 6th meeting of the Committee of Adjustment be adjourned at 8:00 p.m. Ms. Archer re-convened the 6th meeting of the Committee of Adjustment at 8:15 p.m. with the following present: Ms. S. Archer - Chairperson Mrs. D. Kerr - Member Mrs. C. Scorer - Member Mrs. C. Livie - Secretary-Treasurer Mrs. L. Taylor - Planner. ... - 35- 8. P /CA 32/92 - L. O'Doherty Lot 647, Plan M-18 Also known as 733 Breezy Drive Town of Pickerine The applicant requests relief from the provisions of Section 5.18(d) of By-law 2520 to permit the continuance of a minimum 0.81 metre west side yard width and minimum 1.43 metre east side yard width provided by a dwelling with an attached shed on one side and an attached carport on the other side, whereas the By-law requires that a dwelling with an attached accessory structure provide minimum side yard widths of 1.5 metres on both sides. ~ Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the By-law. The Secretary-Treasurer outlined comments received from the Planning Department and Public Works Department. The applicants and committee members were provided with a copy of all comments received. Mr. Morty Shapiro, Student-at-Law of the law firm Macaulay, Chusid & Friedman, was present on behalf of the applicant to represent the application. No further representation was present in favour or in objection to the application. Mr. Shapiro, apologized to the Committee for being late. He advised that he was delayed due to a traffic jam on the 401 Highway. DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that this application, P /CA 32/92 by Louise O'Doherty, to permit the continuance of a minimum 0.81 metre west side yard width and minimum 1.43 metre east side yard width, 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 Section 5.18(d) of By-law 2520, subject to the following condition: .... 1. That this approval apply only to the dwelling in existence on the subject property on the date of this decision. 9. P /CA 33/92 & P /CA 34/92 - 909725 Ontario Limited Lot 9, Plan 4OM-1418 and Lot 21, Plan 40M-1662 Also known as 1819 and 1917 Rosebank Road respectively Town of Pickerine As the above-noted applications are similar in nature, they were considered together. PICA 33/92 The applicants request relief from the provisions of Section 5(1)(b)(x) of By-law 1543/82 to permit the establishment of a minimum 5.9 metre front yard depth provided by the vehicular entrance of a garage attached to the dwelling proposed to be constructed on the subject property, whereas the By-law requires that the vehicular entrance of an attached garage be located not less than 6.0 metres from the front lot line. Approval of this variance application is required in order to permit the construction of a dwelling with an attached garage on the subject property as proposed in building permit application #92-380. '-' - 36- PICA 34/92 The applicants request relief from the provisions of Section 5(1) (b) (x) of By-law 1837/84 to permit the establishment of a minimum 5.5 metre front yard depth provided by the vehicular entrance of a garage attached to the dwelling proposed to be constructed on the subject property, whereas the By-law requires that the vehicular entrance of an attached garage be located not less than 6.0 metres from the front lot line. Approval of this variance application is required in order to permit the construction of a dwelling with an attached garage on the subject property as proposed in building permit application #92-395. ..... The Secretary-Treasurer outlined comments received from the Planning Department and Public Works Department. The applicants and committee members were provided with a copy of all comments received. Mr. Tony Sena of Sena Homes was present to represent the applications. No further representation was present in favour or in objection to the applications. Mr. Sena apologized to the Committee for being late. He advised that he was delayed due to a traffic jam on the 401 Highway. Mr. Sena advised that these variance situations have resulted from significant corner roundings which reduce the amount of area available in the front yard. The proposed dwellings on the subject properties are identical in design and size and both properties have been sold. Mrs. Scorer asked if the applicants foresee any variance problems with other corner properties in the development. Mr. Sena replied that he didn't. DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that this application, PICA 33/92 by 909725 Ontario Limited, as outlined, be APPROVED on the grounds that the requested variance is minor in nature, appropriate 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(I)(b)(x) of amending By-law 'W>' 1543/82, subject to the following conditions: 1. That this variance approval apply only to the proposed development as generally outlined in application P /CA 33/92. 2. That the owner obtain a building permit from the Town within two years of the date of this decision or this decision shall become null and void. DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that- this application, P /CA 34/92 by 909725 Ontario Limited, as outlined, be APPROVED on the grounds that the requested variance is minor in nature, appropriate 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(I)(b)(x) of amending By-law 1837/84, subject to the following conditions: 1. That this variance approval apply only to the proposed development as generally outlined in application P /CA 34/92. 2. That the owner obtain a building permit from the Town within two years of the date of this decision or this decision shall become null and void. ,-". - 37- 10. ADJOURNMENT MOTION: Moved by Mrs. Archer, seconded by Mrs. Kerr and carried unanimously that- the 6th meeting of the Committee of Adjustment be adjourned at 8:30 p.m. and the next regular meeting be held on Wednesday, June 10th, 1992. "-'" !1~ 1~L- o . LA .~ O{dc1~ /'i/C~ CHAIRPERSON -.. ....