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HomeMy WebLinkAboutSeptember 1, 1993 RECEIVED - 50 - TOWN OF PICKERING SEP 2 3 1993 ctERK'S DEPT MINUTES of the 13th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, September 1,1993. PRESENT Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbaugh Mrs. C. Scorer '-' ALSO PRESENT Mrs. Eva McDougall, Secretary-Treasurer Mr. Jeffrey Cole, Planner The Meeting convened at 7:15 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 Mr. Puterbaugh, seconded by Ms. Archer and carried unanimously- That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday, August 11, 1993 be adopted. '-' 3. P /CA 61/93 - Cougs Investments Limited Lot 19, 40M-1721 Also known as 813 Primrose Court Town of Pickering w The applicant requests relief from the provisions of Zoning By-law 3036 as amended by Zoning By-law 2780/88, Section 5(2)(b )(vi)C, to permit the establishment of a minimum rear yard depth of 10.0 metres, whereas the by-law requires that a dwelling provide a minimum rear yard depth of 15.0 metres. The applicant has requested this variance application to establish a reduced rear yard depth requirement for the subject property, and to obtain a building permit for a second-storey deck. Mr. K. MacDougall, 886 Baylawn Drive, was present in objection to the application. Ms. C. MacDougall was present to represent Mr. K. MacDougall. Mr. C. Puras, 888 Baylawn Drive, was also present in objection to the application. The applicant's agent, Mr. G. Karakokkinos, was late in arriving to the Committee meeting. Ms. C. MacDougall requested a deferral of P /CA 61/93 to allow for more time for Mr. MacDougall to discuss the variance with the applicant. According to the Rules of Procedure for the Committee of Adjustment for the Town of Pickering, one-half hour was allotted for the applicant to attend the meeting. As the applicant's agent was not present after one-half hour, the matter was deferred to the next Committee of Adjustment meeting. MOTION: Moved by Mrs. Scorer and seconded by Mrs. Kerr and carried that - this application, PICA 61/93, by Cougs Investments Limited, for Lot 19, Plan 40M-1721 be deferred to the next Committee of Adjustment meeting of September 22, 1993. .'-' - 51 - 3. P /CA 62/93 to P /CA 73/93 inclusive Cougs Investments Ltd. Lots 25 to 31 inclusive, and Lots 35 to 39 inclusive, Plan 40M-1721 Also known as 800, 801, 802, 804, 806, 808, 810,838,840,842,844 and 846 Primrose Court Town of Pickering The applicant requests relief from the provisions of Zoning By-law 3036 as amended by Zoning By-law 2780/88 as follows: (1) Section 5(2)(b )(vi)B of the By-law to permit the establishment of the following rear yard depths: Lots: 28, 29, 30, 31, 35, 36, 37, 38, 39 - 7.5 metres; whereas the by-law requires that a dwelling provide a minimum rear yard depth of 10.0 metres. (2) Section 5(2)(b )(vi)C of the By-law to permit the establishment of the following rear yard depths: Lot 25 - 10.0 metres Lot 26 - 10.0 metres Lot 27 - 7.5 metres whereas the by-law requires that a dwelling provide a minimum rear yard depth of 15.0 metres. The applicant has requested these variance applications to establish reduced rear yard depth requirements for the subject properties. Mr. G. Karakokkinos, of Cougs Investments Limited, was present to represent the applicant. No further representation was present in favour of or in objection to the applications. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham, Department of Health Services. The applicant was provided with a copy of all comments received. Mr. Karakokkinos indicated that the larger than average rear yard depth was due to '-' preservation of trees, and that the previous owner had removed the trees and graded the properties. Mr. Karakokkinos indicated that the setback of 10.0 metres and 15.0 metres is onerous, and suggested the setback should be the normal 7.5 metres. He added that only one tree per lot is to be planted (on Lots 27 to 40), and that they could find room to plant one tree in 25 feet of property. w Mr. Bhuta asked Mr. Cole how this subdivision was different from other subdivisions in requiring more area in the rear of the properties? Mr. Cole indicated that the properties in question are within an Environmental Policy Area, and in such areas trees are to be preserved and/or replenished; designation in the Town's Official Plan. Mr. Cole added that the lots in question are also subject to an Architectural Design Statement in which the properties are to have regard for tree preservation and/or planting of trees. Mr. Cole also advised that no plans were submitted for the subject variances, just building envelopes so it is impossible to determine the impact or appropriateness of the variances. Mr. Karakokkinos indicated that Lots 35 to 40 are walkout lots which necessitate decks, and added that the grading plans are with the Town Engineering Department. Mr. Karakokkinos added that Lots 27 to 31 do not require decks. Mr. Karakokkinos stated that the properties in questions are high and dry, and that there is no environmental issue to be addressed with respect to the lots in question. There was lengthy discussion as to the appropriateness of such a number of variances being submitted to the Committee, and that perhaps another avenue of relief could probably have been sought. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr and carried that - these applications, PICA 62/93 to 73/93 inclusive, by Cougs Investments Ltd., as outlined, be REFUSED on the grounds that the applications are beyond the jurisdiction of the Committee of Adjustment, and the variances are best dealt with through a zoning by-law amendment application. ..... "-' -- - 52 - 4. PICA 74/93 - R. Fantin Part of Lot 8, Plan 282 Also known as 1775 Woodview Avenue The applicant requests relief from the provisions of Section 10.2.3 of By-law 3036 to permit the continuance of a south side yard width of 1.3 metres 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. The applicant has requested this variance application in order to bring the proposed retained parcel subject of Land Division Application LD 127/93 into compliance with the provisions of the zoning by-law. Mr. H. Storm, of Storm and Associate, was present to represent the application. No further representation was present in favour of or in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham, Department of Health Services. The applicant was provided with a copy of all comments received. DECISION: Moved by Mr. Bhuta and seconded by Mr. Puterbough and carried unanimously that - this application PICA 74/93, by R. Fantin, as outlined, be APPROVED on the grounds that the proposed side yard width 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 10.2.3 of Zoning By-law 3036, subject to the following condition: 1. That this variance apply only to the dwelling in existence on the property on the date of this decision. 5. PICA 75/93 -P.A. Smola Part of Lot 12, Block E, Plan 65 Also known as 604 Annland Street Town of Pickering The applicant requests relief from the provisions of By-law 2511 as follows: (1) (2) Section 10.2.1 of the By-law to permit the continuance of a minimum lot frontage of 7.1 metres; whereas the By-law requires a minimum lot frontage of 15.0 metres. Section 10.2.2 of the By-law to permit the continuance of a minimum lot area of 111.5 square metres; whereas the By-law requires that a lot provide a minimum lot area of 460.0 square metres. Section 10.2.3 of the By-law to permit the continuance of the following: (i) a front yard depth of 3.5 metres provided by the existing dwelling on the lot; whereas the By-law requires that a dwelling provide a front yard depth of 7.5 metres; (ii) a rear yard depth of 1.8 metres provided by the existing dwelling on the lot; whereas the By-law requires that a dwelling provide a rear yard depth of 7.5 metres. Section 10.2.3 of the By-law to permit the continuance of the following: (i) a west side yard width of 0.2 metres provided by the existing dwelling on the lot; (ii) an east side yard width of 1.2 metres provided by the existing dwelling on the lot; whereas the By-law requires that a dwelling provide side yard widths of 1.5 metres on one side and 2.4 metres on the other side. Section 10.2.4 of the By-law to permit the continuance of a minimum ground floor area of 63.9 square metres; whereas the By-law requires that a one-storey dwelling provide a minimum ground floor area of 95.0 square metres. Section 10.2.5 of the By-law to permit the continuance of a minimum floor area of 63.9 square metres; whereas the By-law requires that a dwelling provide a minimum floor area of 95.0 square metres. Section 10.2.6 of the By-law to permit the continuance of a maximum lot covera~e of 57.3 percent provided by the existing dwelling on the lot; whereas the By-law lImits the lot coverage of structures on a lot to 33 percent. (3) (4) (5) (6) (7) - 53 - (8) Section 5.21.1(1) of the By-law to permit the continuance of one off street parking space to be provided for the lot; whereas the By-law requires that a lot supportin~ a dwelling without an attached garage provide a minimum of two off street parking spaces. Section 2.57 of the By-law to permit the continuance of a parking stall size of 7.4 square metres; whereas the By-law defines a parking space as a useable and accessible area of not less than 18.5 square metres. The applicant has requested these variances in order to bring the subject property into complIance with the provisions of the zoning by-law. (9) '-' Ms. P.A. Smola was present to represent the application. No further representation was present in objection to or in favour of the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. The" applicant was provided with a copy of all comments received. Mrs. Kerr advised the applicant that if she intended to enclose the front porch at any time, then she would probably require another variance. DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried unanimously that - this application, PICA 75/93, by P.A. Smola, as outlined, be APPROVED on the grounds that the proposed variances to permit a reduced lot area, lot frontage, front yard depth, rear yard depth, west side yard width, east side yard width, ground floor area, floor area, number of parkmg spaces, and parking space size; and the proposed variance to permit an increase in maximum lot covera~e to be minor in nature, appropriate and desirable development of the lands, and in keepmg with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 10.2.1, 10.2.2, 10.2.3, 10.2.4, 10.2.5, 10.2.6,5.21.1(1) and 2.57 of Zoning By-law 2511, subject to the following condition: 1. That the variances for front yard depth, rear yard depth, west side yard width, east side yard width, ground floor area, floor area, number of parking spaces and parking space size apply only to the dwelling in existence on the date of this decision. '-' 6. P /CA 76/93 - J. and J. Hirst Part of Lot 24, Plan 12; Part 3, 40R-12495 Also known as 5069 Wixon Street Town of Pickering The applicants request relief from the provisions Section 8.2.1 of Zonin~ By-law 3037, as varied by P /CA 66/92, to permit the continuance of a north side yard WIdth of 1.2 metres provided by the existing dwelling on the subject property; whereas the By-law requires, as varied by PICA 66/92, that a dwelling provide minimum side yard widths of 1.8 metres. The aI?plicants request this variance application in order to bring the subject property into complIance with the provisions of the zoning by-law. Mr. R. Crust, the agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. The applicant was provided with a copy of all comments received. DECISION: Moved by Mrs. Scorer and seconded by Mrs. Kerr, and carried unanimously that - "-. this application, P /CA 76/93, by J. and J. Hirst, as outlined, be APPROVED on the grounds that the proposed north side yard width variance is minor in nature, appropriate for the desirable development of the land, and in keeping with the general mtent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Section 8.2.1 of Zoning By-law 3037 subject to the following condition: 1. That this variance apply only to the dwelling in existence on the date of this decision. ..... ..... -- . - - 54 - 7. ADJOURNMENT MOTION: Moved by Mrs. Kerr, seconded by Ms. Archer and carried unanimously- That the 13th meeting of the Committee of Adjustment be adjourned at 8:30 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, September 22, 1993. .4~t:C:~~ oZ:l/ /993 DATE ,,~?7J ,Md--J CHAIRMAN ~ ~ a~;J".c-~ SECRETARY -TREASURER