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HomeMy WebLinkAboutMarch 18, 1992 14. MINUTES of the 3rd meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Centre on Wednesday, March 18th, 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 Mr. J. Cole, 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 2nd meeting of the Committee of Adjustment held February 26th, 1992, be adopted. 3. P /CA 9/92 - D. & C. Barrett Part Lots 25 & 26, Plan 820 Also known as 1713 Spruce Hill Road Town of Pickerin2 __ The applicants request relief from the provisions of: i) Section 6.4 of By-law 3036 to permit the continuance of a mInImUm 3.24 metre flankage side yard width provided by the existing dwelling on the lot, whereas the By-law requires that a dwelling provide a minimum flankage side yard width of 4.5 metres. ii) Section 10.2.4 of By-law 3036 to permit the continuance of a minimum 71.25 m2 ground floor area provided by the existing dwelling on the lot, wh~reas the By-law requires that a dwelling provide a minimum ground floor area of 95 m . iii) Section 10.2.5 of By-law 3036 to permit the continuance of a minimum 71.25 m2 total floor area provided by the existing dwelling on the lot, ~hereas the By-law requires that a dwelling provide a minimum total floor area of 95 m . Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the By-law in order that a building permit may be obtained for a proposed detached garage. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Durham Regional Health Services. The applicant and Committee members were provided with a copy of all comments received. Mr. & Mrs. Barrett were present to represent the application. No further representation was present in favour or in objection to the application. "-" Ms. Archer advised the applicants that a portion of the wood privacy fence is located on the road allowance. Mrs. Barrett replied that it has been removed. DECISION: Moved by Mrs. Scorer, seconded by Mrs. Kerr and carried unanimously that- this application, P /CA 13/92 by D. & C. Barrett, as outlined, be APPROVED on the grounds that the requested variances are minor in nature, required to recognize existing situations and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Sections 6.4, 10.2.4 and 10.2.5 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. 15. 4. PICA 10/92 - Emix Ltd. Part Lot 24, Concession 1 Also known as 1099 Kingston Road Town of Pickerine The applicant requests that the Committee, under Section 45(1) of the Planning Act, R.S.O. 1990, vary the use definition of a "Business Office" to allow a business training centre or business school, whereas amending By-law 2641/88 does not permit a business training centre or business school as part of a "Business Office". Approval of this variance application is required in order that a business training centre w (Durham Business and Computer College) may be located on the subject property. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. The applicant and Committee members were provided with a copy of all comments received. Mr. V. Lind, agent was present on behalf of the applicant. No further representation was present in favour or in objection to the application. Mr. Lind advised that the applicant has no problem with the condition recommended by the Planning Department. DECISION: Moved by Mr. Bhuta, seconded by Mrs. Kerr and carried unanimously that - this application, P /CA 10/92 by Emix Ltd., as outlined, be APPROVED on the grounds that the requested variance is minor in nature and within the intent of the Durham Regional Official Plan, the Pickering District Plan and By-law 2641/88, subject to the following condition: 1. That this variance of the "business office" use definition apply only to the operation of the proposed "Durham Business and Computer College" as described in this application, for as long as it is in operation on the subject property. 5. P /CA 11/92 - G. & B. Peck Part Lot 74, Plan 816 w Also known as 1475 Old Forest Road Town of Pickerina: The applicants request relief from the provisions of Section 10.2.3 of By-law 3036 to permit the continuance of a minimum 1.11 metre north side yard width provided by the existing dwelling on the lot, whereas the By-law requires that a dwelling without an attached garage provide minimum side yard widths of 1.5 metres on one side and 2.4 metres on the other side. Approval of this variance application is required to bring the subject property into compliance with the provisions of the By-law. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Durham Regional Health Services. The applicant and Committee members were provided with a copy of all comments received. Mr. Scott Magder, Solicitor was present on behalf of the applicants. No further representation was present in favour or in objection to the application. DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that this application, P /CA 11/92 by G. & B. Peck, as outlined, be APPROVED on the grounds that the requested variance is minor in nature, required to recognize an existing situation and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Section 10.2.3 of By-law 3036, subject to the following w condition: 1. That this variance approval apply only to the dwelling in existence on the subject property on the date of this decision. 16. 6. PICA 12/92 - R. & K. Sabourin Part Lot 30, Range 30 (Part 1,40R-12080) Also known as 513 Rosebank Road Town of Pickerinf: The applicants request relief from the provisions of Section 5.19(d) of By-law 2511 to permit: i) the continuance of a minimum 1.14 metre south side yard width provided by the existing dwelling on the lot; and ... ii) the establishment of a minimum 1.14 metre south side yard width to be provided by a second storey addition to the existing dwelling on the lot, whereas the By-law as varied by variance application P /CA 136/88 requires that a dwelling with an attached garage provide minimum side yard widths of 1.2 metres. 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 a second storey addition. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Public Works Department. The applicant and Committee members were provided with a copy of all comments received. Ms. Archer declared a conflict of interest and did not participate in the consideration of this application. Mr. A. Kimble was present on behalf of the applicants. No further representation was present in favour or in objection to the application. '-' Mr. Kimble advised that the proposed addition will be flush with the south wall of the existing dwelling. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously that - this application, P /CA 12/92 by R. & K. Sabourin, as outlined, be APPROVED on the grounds that the requested variances are minor in nature, required to recognize an existing situation, appropriate for the development of the land and in keeping with the general intent and purpose of the Durham Regional Omcial Plan, the Pickering District Plan and By-law 2511, subject to the following condition: 1. That a building permit for the proposed addition as generally outlined in this application, be obtained within two years of the date of this decision or this decision shall become null and void. 7. P /eA 13/92 - J. & G. Kontos Lot 71, Plan M-14 Also known as 925 Liverpool Road Town of Pickerinf: The applicants request relief from the provisions of: i) Section 2.57 of By-law 2520 to permit parking spaces with a minimum area of 13.78 m2 (2.6m x 5.3~, whereas the By-law requires that a parking stall size provide a minimum area of 18 m ; ...... ii) Section 5.21.1(a) of By-law 2520 to permit a maximum of 100% of the required parking to be located in the front yard (5 parking spaces), whereas the By-law limits front yard parking to 20% of the total required parking; Hi) Section 5.21.1(b) of By-law 2520 to permit the parking area to be set back 0.0 metres from the north lot line, whereas the By-law requires that parking be set back a minimum of 1.5 metres on one side and 7.5 metres on the other side; 17. iv) Section 5.21.1(d) of By-law 2520 to permit the parking area to be set back 0.0 metres from Liverpool Road and Tatra Drive, whereas the By-law requires that the parking area be set back a minimum of 3.0 metres from a road allowance; v) Section 8.5 of By-law 2520 to permit a denture therapist as a permitted use in association with a "Professional Office", whereas the By-law deems a permitted use as being a physician, dentist, lawyer, architect, engineer, chartered accountant, real estate and insurance agent. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Public Works Department. The applicant and Committee members were '-' provided with a copy of all comments received. J. & G. Kontos were present to represent the application. Mr. J. VasilofTwas also present in support of the application. Mr. Kontos stated that the majority of the requested variances are existing situations. DECISION: Moved by Mrs. Scorer, seconded by Mr. Puterbough and carried unanimously that - this application, P /CA 13/92 by J. & G. Kontos, as outlined, be APPROVED on the grounds that the requested variances are minor in nature, desirable for the continuous use and 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 2.57, 5.21.1(a), 5.21.1(b), 5.21.1(d), and 8.5 of By-law 2520, subject to the following condition: 1. That these variances apply only to the subject property as it exists on the date of this decision with a detached residential dwelling supporting professional office uses. 8. P /eA 14/92 - R. N. Baun Part Lot 9, Concession 9 Town of Pickerin&: The applicant requests relief from the provisions of Section 6.2.1 of By-law 3037 to permit: .... i) the subject property, being Part Lot 9, Concession 9, Town of Pickering to have a minimum lot frontage of 51 metres, whereas the By-law requires that a lot provide a minimum 60 metre lot frontage; and ii) the subject property, being part Lot 9, Concession 9, Town of Pickering, to have a minimum lot area of 0.74 hectares, whereas the By-law requires that a lot provide a minimum 0.8 hectare lot area. Approval of this variance application is required to bring the subject property into compliance with the provisions of the By-law in order that a building permit may be obtained for an addition to the existing dwelling on the lot. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Public Works Department. Comments were received from Councillor Johnson indicating support of the application. The applicant and Committee members were provided with a copy of all comments received. Mr. R. Baun was present to represent the application. No further representaion was present in favour or in objection to the application. DECISION: Moved by Mr. Bhuta, seconded by Mr. Puterbough and carried unanimously that - this application, P /CA 14/92 by R. Baun, 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 Seciton 6.2.1 of By-law 3037. 18. 9. ADJOURNMENT MOTION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that- the 3rd meeting of the Committee of Adjustment be adjourned at 7:30 p.m. and the next regular meeting be held on Wednesday, April 8th, 1992. '-' z~L t;If z- ~~#cL----. CHAIRPERSON ~ '-