HomeMy WebLinkAboutJune 9, 1993
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MINUTES of the 9th meeting of the Committee
of Adjustment held in the Committee Room of
the Pickering Civic Complex on Wednesday,
June 9, 1993
PRESENT
Ms. S. Archer, Chairperson
Mr. B. Bhuta
Mrs. D. Kerr
Mr. M. Puterbough
Mrs. C. Scorer
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ALSO PRESENT
Mrs. Eva McDougall, Secretary-Treasurer
Mrs. Lynda D. Taylor, Manager,
Current Operations Division
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. Scorer, seconded by Mrs. Kerr and carried unanimously-
That the minutes of the 8th meeting of the Committee of Adjustment held May 19, 1993 be
adopted.
3. P /CA 41/93 - S. and B. McKean
Part of Lot 8, Plan 65; Parts 1 and 2, 40R-7585
Also known as 688 Front Street
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The applicants request relief from the provisions of Zoning By-law 2511 as follows:
(1) Section 10.2.1 of By-law 2511 to permit the continuance of a lot frontage of 6.7 metres,
whereas the By-law requires that a lot provide a minimum frontage of 15.0 metres.
(2) Section 10.2.3 of By-law 2511 to permit the continuance of:
i) a minimum 0.0 metre south side yard width provided by the existing dwelling and deck
on the lot;
ii)a minimum 0.29 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 application is required in order to bring the subject property into
compliance with the provisions of the zoning by-law, and to allow the applicants to apply,
retroactively, for a building permit for the existing dwelling.
Mr. and Mrs. S. McKean were present to represent the application. Mr. James McKean was
present in support of the application. Mrs. O'Keefe, 1278 Commerce Street, was also present
in support of the application.
The Secetary- Treasurer outlined comments received from the Town of Pickering Planning
Department; C.M.T. Sheffield, Town Solicitor; and S.A. Vokes, Director of Public Works,
Town of Pickering.
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Ms. Archer advised the applicants that the application is out of the jurisdiction of the
Committee of Adjustment.
Mr. S. McKean stated that they want to make the dwelling on the property comply with the
zoning by-laws, and they were advised to start with an application to the Committee of
Adjustment.
Mr. S. McKean explained how the situation of encroachment of the dwelling onto the
Commerce Street road allowance occurred. Mr. McKean indicated that it was the fault of
the contractors that the house was built over the lot line extending onto Town property.
Mr. McKean advised he has been trying to sort out the matter since 1985.
Mrs. O'Keefe stated her support of the application. She advised the neighbourhood is
quite unique with many old cottages. She noted that an error was made in the placement of
the foundation for the subject property, and stated that the situation was not causing any
problems in the neighbourhood.
Mr. Puterbough stated that properties to the north of the subject property had recently
been rezoned. Mrs. Taylor advised that the area referred to was the Bayview Street
Rehabilitation area, which was funded by a grant to the Town to upgrade streets and
services.
Mrs. B. McKean explained that they appear to be going in circles to try and resolve the
problem, and asked Mrs. Taylor what the best avenue would be to resolve the problem.
Mrs. Taylor advised that an official plan and zoning by-law amendment applications would
be the best route to try and resolve the situation.
DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr, and carried
unanimously that -
this application, P /CA 41/93, by S. and B. McKean, as outlined, be REFUSED on the
grounds that the lot frontage and side yard width variances are major in nature due to the
encroachment on the Town-owned Commerce Street Road allowance, the variances are
beyond the jurisdiction of the Committee of Adjustment to rule on, and the variances are
best dealt with through a zoning by-law amendment application.
5.
P /CA 44/93 - P /CA 48/93 inclusive
Fairport Developments Inc. (Yorkwood Investments Ltd.)
Lots 52,24,23,51 & 30, Plan 40M-1692
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The applicant requests relief from the provisions of Zoning By-law 3036 as follows:
(1) Section 10.2.3 of the By-law to permit the establishment of a minimum 6.0 metre front
yard depth to be provided by the proposed dwellings on the lots, whereas the by-law
requires that a dwelling provide a minimum front yard depth of 7.5 metres (for Lots 52,
24,23, 51 and 30, Plan 4OM-1692).
(2) Section 6.4 of the By-law to permit the establishment of a minimum 4.3 metre
tlankage side yard width, whereas the by-law requires that a dwelling provide a
minimum tlankage side yard width of 4.5 metres (for Lot 52, Plan 4OM-1692).
Approval of these variance applications is required in order to allow building permits to be
issued for the proposed dwellings on the lots.
Mr. M. Godfrey, representing the applicant, was present to represent the application. No
further representation was present in favour or in objection to the application.
The Secretary-Treasurer outlined comments received from the Town of Pickering Planning
Department; R. Starr, Senior Construction Technician, Department of Public Works;
CN North America, Engineering Services; Region of Durham, Department of Health Services,
which the Committee had before them. A copy of all comments received was provided to the
applicant.
" Mr. Godfrey advised the Committee that his company had recently purchased the subject
lots. He stated that the lots were problem lots as they were shallow, and ranged in depth from
100 to 102 feet. He indicated that Lot 52 has an additional flankage side yard problem.
Mr. Godfrey noted the comment from the Department of Public Works, and stated that in
other areas of the Town 6.0 metres is a standard front yard depth requirement.
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Mr. Puterbough asked if a smaller dwelling could be placed on Lot 52 to eliminate the need
for the side yard variance. Mr. Godfrey indicated that prospective purchasers view model
homes and want a certain size living room and entrance area. Mr. Godfrey indicated the
main floor living room and entrance area sizes are critical to potential purchasers.
DECISION: Moved by Mrs. Kerr and seconded by Mrs. Scorer, and carried unanimously
that -
this application, PICA 44 - PICA 48/93 inclusive, by Fairport Developments Inc. (Yorkwood
Investments Ltd.), as outlined, be APPROVED on the grounds that the standard 6.0 metre
minimum front yard depth requirement has been in use for a number of years in the Town;
the variances 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 10.2.3 and 6.4 of Zoning By-law 3036, subject to the
__ following condition:
1. That these variances apply only to dwellings as generally proposed with these
applications on the date of this decision.
6. PICA 49/93 - E. and L. Aspinall
Lot 50, Plan 40M-1375
Also known as 1070 Maury Crescent
The applicants request relief from the provisions of Zoning By-law 3036, as amended by
Zoning By-law 1699/83, Section 5.(I)(b)(vi) to permit the establishment of a minimum rear
yard depth of 6.2 metres, 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 for a building permit to be issued
for a proposed one-storey sunroom to be added to the rear of the dwelling.
Mr. R. Banman, agent, was present to represent the application. No further representation
was present in favour 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 agent.
Mr. Banman stated that the construction of a sunroom of a smaller size would not be
_ practical.
DECISION: Moved by Mr. Puterbough and seconded by Mrs. Scorer, and carried
unanimously that -
this application, P /CA 49/93, by E. and L. Aspinall, as outlined, be APPROVED on the
grounds that the rear yard depth 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, Zoning By-law 3036 as amended by
Zoning By-law 1699/83, Section 5(I)(b)(vi) subject to the following condition:
1. That this variance apply only to the addition as generally shown in this application.
ADJOURNMENT
MOTION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously-
That the 9th meeting of the Committee of Adjustment be adjourned at 8:00 p.m. and the next
regular meeting of the Committee of Adjustment be held on Wednesday, June 30,1993.
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CHAIRMAN
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SECRETARY- TREASURER