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HomeMy WebLinkAboutFebruary 26, 1992 .. 10. PRESENT: MINUTES of the 2nd meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Centre on Wednesday, February 26th, 1992. 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 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 Mrs. Scorer and carried unanimously that - the minutes of the 1st meeting of the Committee of Adjustment held February 5th, 1992, be adopted. ...... P /CA 58/91 - Doumouras Properties Limited Part Lot 19, Concession 1 Also known as 1010 Brock Road Town of Pickerinl: The applicant requests relief from the provisions of Section 16.3.7C(i) of By-law 2511 to permit a maximum of 25% gross floor area coverage for all restaurants on the subject property, whereas the By-law requires that the gross floor area of all restaurants on the subject property not exceed 18% of the gross floor area of all buildings. 3. Approval of this variance application is required in order to allow a donut shop in addition to the existing restaurant on the subject property, as indicated on the applicants' submission. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Palm Drive Developments, owner of the lands abutting the subject property to the west and north. An additional report was submitted from the Planning Department, as requested by the Committee, addressing fencing, sign age on the site and rear doors for both the existing and proposed restaurants on the site. The applicant and committee members were provided with a copy of all comments received. Bill and Peter Doumouras, were present to represent the application. No further representation was present in favour or in objection to the application. The applicants submitted drawings indicating a rear entry/exit for the proposed restaurant. Mr. Doumouras advised that the number of parking spaces on the site complies with the parking provisions of the By-law. He stated that he is willing to construct ~ signage to encourage parking at the rear of the building and also provide a rear entry/exit door for the proposed restaurant, as indicated on the submitted plans. Further, he has discussed the proposal for a donut shop with a representative from the Sunoco dealership who advised that, in his opinion, the donut shop is a compatible use with the existing gas bar on the site. 11. ~ Mrs. Scorer stated that she does not feel people using the donut shop travelling south on Brock Road will park at the rear. She is not in favour of the application as the proposal, in her opinion, will result in too much conflict due to the higher volume of traffic which will result, minimal parking area provided in the front and proximity of the exits to the gas bar and pumps. Mrs. Kerr asked if the parking lot at the rear of the building is well lite. Mr. Doumouras replied that it is. Mr. Bhuta stated that he has concerns with the existing vacancy rate at the plaza. He feels that the Committee should take into consideration the existing economy when considering this application, to refuse this application could cause undue hardship. In his opinion, a donut shop and gas bar are compatible uses, he mentioned other sites in the Town which have similar uses. Mr. Puterbough stated that he has concerns with the traffic, proposed corridor leading to the rear exit and parking in the rear. However, due to the present economy, perhaps a donut shop would be a viable use at this time. DECISION: Moved by Mr. Bhuta, seconded by Mrs. Kerr and carried that- this application, P /CA 58/91 by Doumouras Properties Limited, as outlined, be APPROVED on the grounds that the requested variance is minor in nature due to the current economic conditions, will not be detrimental to the surrounding area as rental of this unit will avoid a high vacancy rate on the site and dereliction of buildings in the area, is appropriate and desirable development and within the general intent and purpose of the Pickering District Plan and By-law 2511 as a higher volume of traffic will not be generated from the proposed restaurant and sufficient parking is provided at the front and rear of the building, subject to the following conditions: 1. That a rear access/exit conducive to customers of the proposed restaurant is provided by a corridor leading to the rear of the building, not less than 3'8" in width and including a door with a window to provide natural lighting to the corridor. 2. The owner construct signs to encourage customer parking at the rear of the building. w 4. P /CA 6/92 - J. Hawthorn Part Lot 7, Plan 432 Also known as 1288 Old Orchard Avenue Town of Pickerina: The applicant requests relief from the provisions of Section 10.2.3 of By-law 2511 to permit the establishment of a minimum 3.8 metre rear yard depth to be provided by a dwelling with an attached wood deck greater than 1.0 metres above grade, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. Approval of this variance application is required in order to bring the proposed retained parcel, subject of Land Division application LD 74/91, into compliance with the provisions of the By-law. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. The applicant/agent and Committee members were provided with a copy of all comments received. Mr. K. Lehmann, M.M. Dillon Ltd., was present on behalf of the applicants. Mr. P. Ekkerman, 1277 Old Orchard Avenue, Mr. & Mrs. J. Love, 1284 Old Orchard Avenue and Mr. & Mrs. K. Walker, 829 Douglas Avenue, were present in objection to the application. Mr. Lehmann advised that the rear yard depth of the subject property will be butTered with herming and landscaping in the redevelopment of the assembled lands adjacent to the subject property. The depth of the proposed severed parcel is required in order to provide an adequate activity area in the new development. "-' 12. Mr. Ekkerman stated that, if this application is approved, it will set a precedent for the area and also for any new development. Small rear yard depths is not in keeping with the existing lots in the neighbourhood. There is the ability to either remove the deck or move the proposed rear lot line further back. He added that the owner is an absentee owner and the property is currently rented, therefore he does not understand the necessity of maintaining a deck which is old and in need of some work anyway. Mr. Walker stated that his concerns are the same as Mr. Ekkerman's. He added that in his opinion this application is not even necessary as the deck can easily be removed. Mr. Love reiterated Mr. Ekkerman's and Mr. Walker's concerns. ... Mr. Lehmann replied that he understands the residents concerns but, in his opinion, their main objection is to redevelopment of the adjacent property, however, this development is in keeping with the Region of Durham's policy on intensification. He added that any new development will maintain rear yard depths of 7.5 metres. Mr. Puterbough advised that one application does not necessarily set a precedent for future applications. Each application is considered on their own merit and circumstances. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously that - this application, P /CA 6/92 by J. Hawthorn, as outlined, be APPROVED on the grounds that the requested variance is minor in nature, and in keeping with the general intent and purpose of the Pickering District Plan and Section 10.2.3 of By-law 2511, subject to the following conditions: 1. That a land division application respecting the subject property known as Lot 7, Plan 432, 1288 Old Orchard Avenue, Town of Pickering, be perfected within twelve months of the date of this decision or this decision shall be deemed null and void. 2. That approval of this application apply only to the dwelling and deck in existence on the subject property on the date of this decision. "-' S. P /eA 7/92 - Steele Valley Management Inc. Lot 3, Plan 4OM-I663 Also known as 1632 Arathorn Court Town of Pickerinl: The applicants request relief from the provisions of Section S(I)b(vi) of amending By-law 3228/89 to permit the establishment of a minimum 6.0 metre rear yard depth to be provided by a proposed dwelling on the lot, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. Approval of this variance application is required in order that a building permit may be obtained for a proposed dwelling on the subject property. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. The applicant/agent and Committee members were provided with a copy of all comments received. Mr. G. Ashe was present to represent the application. No further representation was present in favour or in objection to the application. Mr. Ashe advised that by today's standards the subject property is a large lot. It is wider than most lots, however, it has an irregular front lot line thereby reducing the building envelope of the lot. He stated that the main wall and foundation of the dwelling at the rear will be in compliance with the 7.5 metre rear yard requirement. The breakfast nook will be the only portion of the dwelling at variance as it will be cantilevered and not part of the foundation. Consequently, in his opinion, the application is minor. ... 13. ... Mr. Puterbough asked why a dwelling could not be built in compliance with the By-law requirements. Mr. Ashe replied that the proposed dwelling is designed to take full advantage of the width of the lot and is in character with existing dwellings in the neighbourhood. DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried that- this application, P /CA 7/92 by Steele Valley Management Inc., as outlined, be APPROVED on the grounds that the requested variance is minor in nature as the cantilevered breakfast nook is the only portion of the dwelling setback 6.0 metres from the rear lot line, is 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 By-law 3228/89, subject to the following condition: 1. That approval of this variance application apply only to the cantilevered breakfast nook as shown on the plans submitted with this application. 6. P /CA 8/92 - F. & J. Horne Lot 191, Plan M-20 Also known as 820 Sanok Drive Town of Pickerin& The applicants request relief from the provisions of Section 7.2.3 of By-law 2520 to permit the continuance of a minimum 1.47 metre south side yard width and a 1.43 metre north side yard width provided by the existing dwelling on the lot, whereas the By-law requires that a dwelling with an attached garage provide minimum side yard widths of 1.5 metres. 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 Town of Pickering Planning Department. The applicant/agent and Committee members were provided with a copy of all comments received. -- Mr. F. Horne was present to represent the application. No further representation was present in favour or in objection to the application. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Kerr and carried unanimously that - this application, P /CA 8/92 by F. & J. Horne, as outlined, 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 Pickerinag district Plan and By-law 2520, subject to the following condition: 1. That approval of this variance apply only to the dwelling in existence on the subject property on the date of this decision. 7. ADJOURNMENT MOTION: Moved by Mrs. Scorer, seconded by Mrs. Kerrr and carried unanimously that- the 2nd meeting of the Committee of Adjustment be adjourned at 8:45 p.m. and the next regular meeting be held on Wednesday, March 18th, 1992. ?n~o4i1y /992- , ....... ~~ /lr~ CHAIRPERSON ~T~