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HomeMy WebLinkAboutApril 28, 1993 - 29 - MINUTES of the 7th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, April 28, 1993 PRESENT Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr.M.Puterbough Mrs. C. Scorer -- 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 It was noted by Mr. Puterbough regarding (PICA 24/93) the Minutes of the Committee of Adjustment Meeting for April 7, 1993, page 27, paragraph six, that the first sentence be deleted from the minutes. 2. ADOPTION OF MINUTES MOTION: Moved by Mr. Bhuta, seconded by Mrs. Scorer, and carried unanimously- That the minutes, as amended, of the 6th meeting of the Committee of Adjustment held Wednesday, April 7th, 1993 be adopted. 3. PICA 26/93 - P. and C. Harrison Part of Lot 62, Plan 350 Also known as 544 Oakwood Drive '-'" The applicants request relief from the provisions of Section 5.19(d) of Zoning By-law 2511 to permit the continuance of a 1.48 metre north side yard width, 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 to bring the subject property into compliance with the provisions of the zoning by-law. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Murray Stroud, agent for the applicant, was present to represent the application. No further representation was present in favour or in objection to the application. DECISION: Moved by Mr. Puterbough, and seconded by Mrs. Scorer, and carried unanimously that - this application, PICA 26/93, by P. and G. Harrison, be APPROVED on the grounds that the variance 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 Section 5.19(d) of Zoning By-law 2511, subject to the following condition: 1. That this variance apply only to the dwelling in existence on the subject property on the date of this decision. "IlIir 4. PICA 27/93 - M. and K. White Lot 90, Plan 1041 Also known as The applicants request relief from the provisions of Section 5.18(a) of Zoning By-law 3036 to permit the continuance of the accessory structure (garage) to be located in the side yard of the lot 0.18 metres from the south lot line, whereas the by-law requires that accessory structures not attached to the main building be erected in the rear yard 1.0 metres from all lot lines. - 30 - -- Approval of this application is required in order to bring the subject property into compliance With the provisions of the zoning by-law. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Murray Stroud, agent for the applicant, was present to represent the application. No further representation was present in favour or in objection to the application. DECISION: Moved by Mrs. Scorer, and seconded by Mr. Puterbough, and carried unanimously that - this application P /CA 27/93, by M. and K. White, as outlined, be APPROVED, on the grounds that the variance 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 Section 5.18(a) of Zoning By-law 3036, subject to the following condition: 1. That this variance apply only to the garage in existence on the subject property on the date of this decision. 5. P /CA 28/93 - IPCF Properties (Super Centre) Part of Lot 23, Concession 1 Also known as 1790 Liverpool Road The applicant requests relief from the provisions of Zonin~ By-law 3036, as amended by Zoning By-laws 1680/83, 1727/83 and 2006/85 from the followmg: (1) ..... Section 5.1.(b ) (v) of the By-law to permit the establishment of open storage for gardening supplies within the proposed outdoor garden centre on the subject property, whereas the by-law does not permit open storage on the lot. Should the variance requested in SectIon (1) above be granted, the applicant requests relief from the provision of Section 5.1(b)(vi)(B) of the By-law to permit the establishment of 681 parking spaces to be provided on the subject property, whereas the by-law requires that a minimum of 5 parking spaces for each 93 square metres or part thereof of gross leasable floor area be provided on the lot or on an abutting lot or lots (711 parking spaces required for the lot). Approval of this application is required to permit the establishment of a temporary garden centre to be permitted on the subject property from April 1 to June 30th, 1993. (2) '-' The Secretary-Treasurer outlined comments received from the Town of Pickering Planning De~artment. Mr. Peter Osborne of the firm Goodman and Goodman, Barristers and SolIcitors, agent for the applicant, was present to represent the application. No further representation was present in favour or in objection to the application. Mr. Bhuta stated that the area proposed for the garden centre seemed to be a congested area, and perhaps an alternative location could be proposed. Mr. Osborne stated that the location for the ~arden centre appeared to be the least dIsruptive to pedestrians and vehicular traffic on the SIte according to their architects. Mr. Osborne stated that garden products are in demand by customers of the Super Centre Store, and that the applicant would lose revenue, not maintain a high level of servIce to their customers, if the variance was not granted. Mrs. Archer stated that the parking at the Super Centre is inadequate. Mr. Bhuta inquired regarding the nine parking spaces currently deficient on the site. Mr. Osborne stated that the Super Centre had applied for a variance last year, and that the site plan had been amended. Mr. Osborne stated that the nine parking spaces would be proVIded as per the amended site plan. Mr. Bhuta asked Mr. Cole if the variance was approved, if the garden centre would be monitored with regard to traffic problems. Mr. Cole replied that the site would be monitored. Mrs. Kerr stated that if the variance was granted, that through this experimental time frame for the garden centre, it could be seen if the location of the garden centre was appropriate. ....... ,..,. w - 31 - DECISION: Moved by Mrs. Kerr and seconded by Mrs. Scorer, and carried that- this application, P /CA 28/93 by IPCF Properties Inc., as outlined, be APPROVED on the grounds that the temporary open storage and reduced temporary parking requirement variances are minor in nature, desirable for the afPropriate development of the land, and in keeping with the general intent and purpose 0 the Durham Regional Official Plan, the Pickering District Plan, and Sections 5.1.(b)(v) and 5.1.(b)(vi)(B) of Zoning By-law 3036, as amended by By-laws 1680/83, 1727/83 and 2006/85, subject to the following conditions: 1. 2. That approval of the variances to permit open storage and a reduction in the number of parking spaces shall expire on June 30th, 1993. . That any open storage resulting from this variance shall be removed, and any reduction in reqUIred parking space numbers resulting from this variance shall be restored by July 1st, 1993. That the granting of these variances at this time for the stated purpose shall not be construed as precedent for any similar minor variance application at a future date. 3. 6. P /CA 29/93 - Steele Valley Developments Limited Block 22, 40M -1365 Also known as 1105 Finch Avenue The applicant requests relief from Zoning By-law 3036, as amended by Zoning By-laws 1521/82 and 2495/87 from the provisions of: (a) Section 5.3.(b)(vi) to permit the establishment of a rear yard depth of 4.5 metres, whereas the by-law requires that a building provide a minimum rear yard depth of 7.5 metres. (b) Section 5.3.(b )(x) of the By-law to permit the establishment of a maximum gross floor area of 685.3 square metres, whereas the by-law requires the gross floor area of all buildings on the lot not to exceed a maximum of 500 square metres. (c) Section 5.3.(b)(x) of the By-law to permit the establishment of a maximum professional office gross floor area of 385.3 square metres, whereas the by-law requires the gross floor area of all professional offices on the lot shall not exceed a maximum of 200 square metres. Approval of this application is required in order that a building permit may be obtained f02 a proposed addition to be constructed to the existing building (approximately 185.34 m floor area). The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Allen Smoskowitz, agent for the applicant, was present to reJ?resent the application. Mr. Roy Shanks, 1977 Lydia Crescent, was present in objectIOn to the application. Ms. Mansa Giokas, 1979 Lydia Crescent, was also present in objection to the application. Mr. Bhuta asked if the use of the proposed expansion to the building would mainly be doctors' offices. Mr. Smoskowitz stated that the uses would be combined medical and dental offices, and added that the present walk-in clinic is proposed to be made larger. Mr. Bhuta asked about the parking situation on the site. Mr. Smoskowitz stated that there is presently an over-supply of parking spaces on the site, and in fact parking spaces are in excess of the zoning requirements. Mr. Roy Shanks of 1977 Lydia Crescent stated that he is in objection to the application because the proposed buildm~ expansion is a 37% increase to the existing structure, and a 97% increase to the profeSSIOnal uses. Mr. Shanks stated in his opinion the variance application is major. Mr. Shanks said that the noise from the air conditioner units behind the Beckers Store are noisy. He also noted that the parking lot always seems to be full, and with an expansion it would invite more people to visit the plaza. He stated that the entrance and exit to the plaza (near the Fire Hall) would be congested and may conflict with the Fire Hall. He stated that there is loitering behind the plaza, and an expansion would p'robably increase the loitering. Mr. Shanks added that the garbage bins are behind the bUIlding, and that two fires have already occurred. Mr. Shanks wondered if larger garbage bins would have to be provided if the expansion is approved. Mr. Shanks added that the walkway would disappear if the additIOn was bUIlt, and noted he was also concerned about the drainage to the parkette. Mr. Shanks suggested that more time to consider the variances were required. Ms. Marisa Giokas stated that she agreed with Mr. Shanks' statement in general, and stated her affirmation of the problems. - 32 - ~ Ms. Archer asked Mr. Smoskowitz when the Beckers Store had become a tenant in the plaza. Mr. Smoskowitz noted that Beckers had been tenants since 1987 (approximately six years). Mr. Smoskowitz said that the noise was from two condenser umts. Ms. Archer noted that perhaps some type of noise barrier could be installed. Ms. Archer inquired if their would be additional garbage bins added to the site. Mr. Smoskowitz indicated that additional garbage bins would not be installed, and if necessary the bins could be emptied twice weekly. Mr. Smoskowitz stated that he had not been notified prior to this meeting that there were problems with the site in the opinion of the residents wIth regard to loitering, noise, etc. Mrs. Archer stated that there are several kinds of noise abatement measure that could be used for the site. Mr. Smoskowitz stated that they would do something to mitigate the noise from the site. Mrs. Kerr asked if the concerns of the residents could be addressed through the site plan approval process. Mr. Cole su~gested that it has previously occurred where residents were asked for their input on a SIte plan, and added the residents in this matter could be contacted for their input on the site plan. Mr. Smoskowitz stated that he was willing to work with the residents on the site plan to resolve the problems of the residents. DECISION: Moved by Mr. Puterbough, and seconded by Mrs. Scorer, and carried unanimously that - this application, P /CA 29/93 by Steele Valley Developments Limited, as outlined, be approved on the grounds that the rear yard depth and maximum gross leasable floor area variances are minor in nature, desirable for the afPropriate development of the land, and in keeping with the general intent and purpose 0 the Durham Regional Official Plan, the Pickering District Plan, and Sections 5.3.(b )(vi) and 5.3.(b )(x) of Zoning By-law 3036, as amended by Zoning By-laws 1521/82 and 2495/87, subject to the following condition: 1. That the owner receive Site Plan Approval for the proposed addition within two years of the date of this decision, or this decision shall become null and void. ~ 7. P/CA30/93 - G. Mottola Part of Block 12, 40M-1254, Part 33, 40R-7451 Also known as 528 Norfolk Square The applicants request relief from the provisions of Section 5.2.(b )(vi) of By-law 3036, as amended by Zoning By-law 1543/82 to permit the establishment of a rear yard depth of 5.75 metres, whereas the by-law requires that a building provide a minimum rear yard depth of 7.5 metres. Approval of this application is required in order that a building permit may be obtained for a proposed addition (approximately 28.33 square metres) to the existing dwelling on the subject property. Mr. G. Mottola 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. DECISION: Moved by Mrs. Scorer, and seconded by Mr. Puterbough, and carried unanimously that - '-'" this application, P /CA 30/93 by G. and J. Mottola, as outlined, be APPROVED, on the grounds that the rear yard depth variance is minor in nature, appropriate and desirable development, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section 5.2.(b )(vi) of Zoning By-law 3036, as amended by Zoning By-law 1543/82, subject to the following condition: 1. That this variance apply only to the dwelling in existence and the proposed rear yard addition as generally shown on the submitted plans on the date of thIS decision. - 33 - 8. P /CA 31/93 - 833752 Ontario Inc. Part of Lot 21, Concession 1 Parts 9 to 15 inclusive, 40R-13512 Also known as 1885 Glenanna Road w The applicant requests relief from the provisions of Section 5.2.(a)(v) of By-law 3036, as amended by Zoning By-laws 2349/87 and 2837/88, to permit a Restaurant Type "B" on the subject property to include a food take-out component in addition and incidental to food being consumed on the premises, whereas the by-law permits a Restaurant Type "B" as a permitted use on the subject property and defines such use as a "building or part of a buildin~ where food is prepared or offered or kept for retail sale to the public for immedIate consumption in the building or buildings on the premises only". Approval of this variance application is required in order that a Restaurant Type "B" with a take-out component may be established on the subject property. Mr. Franklyn Glazier, agent for the applicant, was present to represent the application. Mr. T. Sianos was also present in favour of the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, and the Region of Durham, Department of Health Services. Mr. Glazier indicated that the bulk of customers for the proposed take-out component of the restaurant would originate from the people working in the building, and perhaps some customers from off-site. ~ Decision: Moved by Mr. Bhuta, and seconded by Mr. Puterbough, and carried unanimously that - this application, P /CA 31/93 by 833752 Ontario Inc., as outlined, be APPROVED on the grounds that the variance to permit take-out food as an ancillary component of a Restaurant Type "B" use, 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 Section 5.2(a)(v) of Zoning By-law 3036, as amended by Zoning By-laws 2349/87 and 2837/88, subject to the following condition: 1. That this variance apply only to the restaurant for condominium unit 110 as proposed by building permit number BP 93-147 on the subject property on the date of this decision. 9. ADJOURNMENT MOTION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously - That the 7th 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, May 19, 1993. ''--;?;It!:;1 /9') /9 r<3 " DATE . ..... ~ A~~ I . _ - ry / ~ '/:27/i\.j. . ? L l~. "-...-// C RMAN'