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HomeMy WebLinkAboutJune 30, 1993 '. - 43 - MINUTES of the 10th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, June 30,1993. PRESENT Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough 'W' ALSO PRESENT Mrs. Eva McDougall, Secretary- Treasurer Mr. Jeffrey Cole, Planner The Meeting convened at 7:00 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 Mrs. Kerr, seconded by Mr. Bhuta and carried unanimously - That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, June 9th, 1993, as amended, be adopted. 3. P /CA 42/93 - I. and C. Hulbert Lot 36, Plan 40M-1508 Also known as 1795 Westcreek Drive 'W' The applicants request relief from the provisions of Zoning By-law 3036, as amended by Zoning By-law 2224/86, as follows: (1) Section 5.18(a) of the By-law to permit the establishment of an accessory structure (deck) to be located: i) 0.0 metres from the rear lot line; and ii) 0.0 metres from the west lot line; whereas the By-law requires that all accessory structures which are not part of the main dwelling be erected in the rear yard and not less than 1.0 metres from all lot lines. (2) Section 5.18(e) of the By-law to permit the establishment of a maximum height of 4.7 metres for the accessory structure (deck) on the subject property, whereas the By-law limits the height of accessory structures in any residential zone to a maximum of 3.5 metres. Approval of this variance application is required in order to obtain a building permit for the construction of a proposed deck at the rear of the subject property. Mr. and Mrs. I. Hulbert were present to represent the application. Mr. A. Bonk, 1840 Altona Road, was present in objection to the application. Ms. Archer declared a conflict of interest and did not participate in the consideration of the application. 'W' The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department; Mr. A. Bonk; and the Metropolitan Toronto and Region Conservation Authority (MTRCA). Mr. Hulbert stated the proposal to construct the proposed deck arose from a difficult situation. Mr. Hulbert advised they decided to purchase the subject property after checking the grading plans, and advice that the cliff would not be on the subject property. Mr. Hulbert stated they were shown a grading plan for the property, and the slope was not on the subject property. Thereafter, Mr. Hulbert stated that two other grading plans were shown to them regarding the subject property. Drawing No.2 indicated that a retaining wall would be constructed (3 - 1 slope); and on Drawing No.3 the plan was changed again with the retaining wall removed as it was indicated that the retaining wall would kill the trees. - 44 - Mr. Hulbert indicated that they wish to construct a deck to resolve the safety problem. Mr. Hulbert stated that he realizes that the proposed deck is not an ideal situation, but is the best solution to the problem. Mr. Hulbert stated that he did not feel the deck would be too close to the neighbouring Mr. Bonk's property, and added he did not feel the deck would be unattractive as the area in question is cluttered with rusted cans, broken bottles, and broken fences. With respect to the concerns of the MTRCA, Mr. Hulbert indicated that the proposed deck would in fact help to control erosion. "-" Mr. Bhuta inquired as to the type of erosion control measures that would be applied to the construction of the deck. Mr. Hulbert indicated that he expected help from the developer on the matter, and would be prepared to include any type of erosion control measures necessary to control erosion. Mr. Bhuta asked if the deck could be "stepped" at the rear to comply with the height restriction of the by-law. Mr. Hulbert indicated there would not be a problem in constructing the deck in this manner if necessary. Mr. Bonk indicated that he is concerned about the height of the proposed deck, and also with the finishing of the deck at the back, and suggested perhaps lattice work could be installed. Mrs. Kerr inquired if the proposed deck could be constructed 1.0 metres from the rear lot line to comply with the zoning by-law, and to step the deck down to eliminate the necessity for a height variance. Mr. Hulbert indicated that perhaps it could be constructed in this manner. Mr. Puterbough inquired about the slope of the neighbouring property to the east. Mr. Hulbert indicated that the property on the east did not slope. Mr. Bhuta stated that such a deck would have to be constructed very soundly to ensure architectural soundness and erosion control. Mr. Cole stated that the proposed deck would have to be constructed in accordance with the Ontario Building Code. Mr. Hulbert indicated that Sabourin and Associates would be designing the proposed deck. DECISION: Moved by Mrs. Kerr, and seconded by Mr. Puterbough, and carried that- .... this application, P /CA 42/93, by I. and C. Hulbert, to permit: (l)(ii) the establishment of an accessory structure (deck) to be located 0.0 metres from the west lot line; be APPROVED, on the grounds that the variance from the west lot line is minor in nature; required for safety; represents desirable development of lands in keeping with the character of the surrounding area; and is in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Section 5.18(a) of Zoning By-law 3036, as amended by Zoning By-law 2224/86; subject to the following condition: (1) That the applicants submit a detailed plan of the proposed deck with the building permit application, and that the plans be considered from the points of erosion control measures, architectural soundness, tree preservation, and from aesthetics and safety; and further it is suggested by the Committee that the area on the east side of the subject property, where the deck is not located, that the area be properly gated. this application, P /CA 42/93, by I. and C. Hulbert, to permit: (l)(i) the establishment of an accessory structure (deck) to be located 0.0 metres from the rear lot line; and (2) to permit the establishment of a maximum height of 4.7 metres for the accessory structure (deck) on the subject property; be REFUSED, on the grounds that the variances are major in nature and considered unnecessary; and must alter the proposed deck to comply with the zoning by-law. "-" 4. PICA - 43/93 - E. and H. Williamson Part of Lot 32, Concession 1 Also known as 1773 Altona Road The applicants request relief from the provisions of Zoning By-law 3036, from the following: - 45 - (1) Section 7J,.2 of Zoning By-law 3036 to permit the continuance of a front yard depth of 9.9 metres, whereas the By-law requires that a dwelling provide a minimum front yard depth of 15.0 metres. (2) Section 7.2J, of Zoning By-law 3036 to permit the continuance of a north side yard width of 1.8 metres, whereas the By-law requires that a dwelling provide minimum side yard widths of 6.0 metres. Approval of this application is required in order to bring the subject property into compliance with the provisions of the zoning by-law and to obtain a building permit for a one-storey addition (approximately 76 square metres to the rear of the subject property where the deck is currently located). W Mr. David Zachanowich, the agent, was present to represent the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, the Region of Durham, Works Department, and the Region of Durham, Health Services. A copy of all comments received was provided to the agent. DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr, and carried that- this application, P /CA 43/93, by E. and H. Williamson, as outlined, be APPROVED, on the grounds that the proposed front yard depth and side yard width 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 7.2.2 of Zoning By-law 3036, subject to the following condition: 1. That this variance apply only to the dwelling and the proposed addition as generally shown in this application. 5. PICA 50/93 - 448404 Ontario Limited Part of Block 56, 40M-1480; Part 1, 40R-14526 Also known as 585 Steeple Hill W The applicant requests relief from the provisions Zoning By-law 3036, Section 5(2)(d)(i) of amending Zoning By-law 4080/92, to permit the establishment of a ratio of 4.8 parking spaces per 93 square metres of gross leasable floor area or part thereof, on the subject property (65 parking spaces to be provided), whereas the By-law requires that parking spaces be provided on a ratio of 5.0 parking spaces per 93 square metres of gross leasable floor area or part thereof (68 parking spaces required). Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the zoning by-law. Mr. Gordon Chiarot of Sandbury Homes, 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 and the Region of Durham, Department of Health Services. The applicant was provided with a copy of all comments received. DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta, and carried that- this application, P /CA 50/93, by 448404 Ontario Limited, as outlined, be APPROVED, on the grounds that the proposed reduction in parking spaces is minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, Zoning By-law 3036, as amended by Zoning By-law 4080/92, Section 5(2)(d)(i), subject to the following conditions: 1. That this variance apply only to the subject property in existence with the proposed reduced parking requirement as generally shown on the plans submitted with this W application. 2. That the owner obtain revised site plan approval from the Town for the development as generally outlined in application PICA 50/93 within two years of the date of this decision or this decision shall become null and void. - 46 - 6. P /CA 51/93 - Director Industrial Holdings Limited Part of Lot 29, Range 3, B.F.C. Also known as 603 - 647 Kingston Road The applicant requests relief from the provisions of Zoning By-law 3036, Section 5(1)(a) of Zoning By-law 1810/84, and Zoning By-law 2298/86 to include a karate school as a permitted use on the subject property, whereas the By-law permits a variety of industrial/commercial uses on the subject property, but does not include the use of a karate school (commercial school) on the subject property. - Approval of this application is required in order that a karate school may be established within the building on the subject property. Mr. Jeff Solly, the agent, was present to represent the application. No further representation in objection to or in favour of the application was present. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr, and carried that- this application, P /CA 51/93, by Director Industrial Holdings Limited, as outlined, be APPROVED, on the grounds that the proposed variance to permit a karate school as an additional use on the subject site is minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Zoning By-law 3036, Section 5.1(a) of amending Zoning By-law 1810/84, and Zoning By-law 2298/86. 7. PICA 52/93 - A. and I. Blackman Lot 58, Plan 816; Part 2, 40R- 7048 Also known as 1443 Old Forest Road The applicants request relief from the provisions of Zoning By-law 3036 as follows: - (1) Section 10.1 of the By-law to permit the establishment of two residential detached dwellings to be located on the subject property temporarily until September 30, 1994, whereas the By-law limits the number of dwellings on a lot to one. (2) Section 10.2.3 of the By-law to permit the continuance of a 3.3 metre rear yard depth provided by the existing dwelling on the lot, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. (3) Section 10.2.3 of the By-law to permit the continuance of a south side yard width of 1.2 metres provided by the existing dwelling on the lot, whereas the By-law requires that a dwelling provide minimum side yard widths of 1.5 metres on one side and 2.4 metres on the other side. - Approval of this application is required in order to bring the subject property into compliance with the provisions of the zoning by-law, and to allow a building permit to be issued for a new dwelling to be constructed on the subject property. It is the intent of the applicants to live in the existing dwelling while a new dwelling is being constructed. The existing dwelling is to be demolished by September 30, 1994. Mr. and Mrs. A. Blackman were 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; Captain Morgan, Fire Prevention Officer, Town of Pickering; Councillor Wellman; and a letter in support of the application signed by fifteen neighbouring residents. DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta, and carried that- this application, P /CA 52/93, by A. and I. Blackman, as outlined, be APPROVED, on the grounds that the proposal for two dwellings on the subject property and the proposed reductions in side yard width and rear yard depth for the existing dwelling are minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 10.1 and 10.2.3 of Zoning By-law 3036 subject to the following conditions: - 47 - 1. That these variances apply only to the subject property in existence with the proposed two dwellings and the reduced rear yard depth and side yard width as generally shown on the plans submitted with this application; 2. That the dwelling unit existing on the subject land on the date of this decision be demolished by September 30, 1994; 3. That the approval of the variance to permit two dwellings on the subject property shall expire on October 1, 1994; and 4. That the applicants comply with the requirements of the Town of Pickering Fire Department with respect to access requirements to the dwellings and numbering on the home. '-' 8. PICA 53/93 - D. and J. Parker Lot 153, Plan M-20 Also known as 831 Hillcrest Road The applicants request relief from the provisions of Section 5.19(d) of Zoning By-law 2520 to permit the continuance of a west side yard width of 1.49 metres, whereas the By-law requires that a dwelling with an attached garage provide minimum side yard widths of 1.5 metres. Approval of this application is required in order to bring the property into compliance with the provisions of the zoning by-law. Mr. and Mrs. Parker were 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. A copy of all comments received was provided to the applicants. -- DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta, and carried that- this application, P /CA 53/93, by D. and J. Parker, 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 5.19(d) of Zoning By-law 2520, subject to the following condition: 1. That this variance apply only to the dwelling in existence on the date of this decision. 9. ADJOURNMENT MOTION: Moved by Mr. Puterbough, and seconded by Mrs. Kerr and carried unanimously - That the 10th meeting of the Committee of Adjustment' be adjourned at 8:35 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, July 21,1993. /7 ' ~,4 ~/ /y-R3 DA* / / 'W'.. ~ CHAIRMAN ~cy\ ~. , 7 ./ . /-xJ ",L c:. /.J:f,,~~_./~---/ SECRETARY-TREASU R