HomeMy WebLinkAboutMarch 17, 1993
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MINUTES of the 5th meeting of the Committee of
Adjustment held in the Committee Room of the Pickering
Civic Complex on Wednesday, March 17, 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
Mrs. Lynda 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 Mr. Bhuta, seconded by Ms. Archer and carried unanimously-
That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday,
February 24, 1993 be adopted.
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3.
(adjourned from February 24, 1993 Meeting)
P /CA 16/93 - A. and W. Chamberlain
Part of Lot 3, Plan 12
Also known as 1720 Central Street
Hamlet of Claremont
The applicants request relief from the provisions of Zoning By-law 3037, as varied by
PICA 43/81 to permit the following:
(1) Section 8.2.1 of the By-law to permit the continuance of a lot frontage of
20.1 metres whereas the By-law requires that a lot provide a minimum 22.0 metre lot
frontage.
(2) Section 8.2.1 of the By-law to permit the continuance of a lot area of 800.7 square
metres whereas the By-law requires that a lot provide a minimum lot area of
1,390.0 square metres.
(3) Section 8.2.1 of the By-law to permit the continuance of a maximum lot coverage of
22.4 percent whereas the By-law limits the lot coverage of structures on the lot to
20 percent.
(4) Section 5.21 of the By-law to permit the continuance of a flankage side yard width of
1.0 metres whereas the By-law requires that a dwelling provide a minimum 4.5 metre
flankage side yard width.
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Approval of this variance 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 (#93-0047) for a washroom addition to the rear of the existing dwelling.
The Secretary-Treasurer outlined comments received from the Town of Pickering Planning
Department, Regional Councillor Rick Johnson, and the Region of Durham, Department of
Health Services, which the Committee had before them.
Mr. Chamberlain was present to represent the application. No further representation was
present in favour or in objection to the application.
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DECISION: Moved by Mr. Puterbough, seconded by Mrs. Scorer, and carried unanimously
that -
this application, P /CA 16/93 by A. and W. Chamberlain, as outlined, be APPROVED on the
grounds that the requested variances of lot frontage, lot area, lot coverage and side yard
obstruction are minor in nature, desirable for the appropriate use of the land, and in
keeping with the general intent and purpose of the Durham Regional Official Plan, the
Pickering District Plan and Section 8.21 and Section 5.7(b) of By-law 3037 subject to the
following condition:
1.
That these variances apply only to the dwelling in existence on the date of this
decision with the addition proposed in building permit application #93-0047.
,...
4. PICA 19/93 - R.E. Keeler
Part of Lot 21, Concession 2;
Part 1, 40R-12777
Also known as 1442 Finch Avenue
The applicant requests relief from the provisions of Zoning By-law 3036, as varied by
PICA 99/87, as follows:
(1) Section 7.2.1 of the By-law, as varied by PICA 99/87, to permit the subject property to
have a minimum lot area of 0.308 hectares, whereas the by-law requires that a lot
provide a minimum lot area of 0.397 hectares.
(2) Section 7.2.1 of the By-law, as varied by P /CA 99/87, to permit the continuance of an
east side yard width of 1.86 metres provided by the existing dwelling on the lot,
whereas the By-law requires that a dwelling provide a minimum 1.87 metre east side
yard width.
Approval of this variance application is required in order to bring the existing dwelling and
property into compliance with the zoning by-law, and to permit a portion of the subject
property, (Parts 2, 3,4,5 and 6, 40R-12777) at the rear of the subject property, to be severed.
The Secretary- Treasurer outlined comments received from the Town of Pickering Planning
Department and the Region of Durham, Department of Health Services, which the Committee
had before them.
.......
Ms. Archer declared a conflict of interest and did not participate in the consideration of this
application.
Mr. Martin Gaffney, the agent for the applicant, was present to represent the application. No
further representation was present in favour or in objection to the application.
Mr. Gaffney noted that Part 7, 40R-12777 was not included in the current applications
(LD 61/93 through LD 65/93) before the Region of Durham Land Division Committee, and
stated that an application has now been made for severance of Part 7, 40R-12777 to the
Region of Durham Land Division Committee.
.....
Mrs. Taylor indicated that Part 1, 40R-12777 of the subject property is the only concern of the
Committee for the proposed variances.
DECISION: Moved by Mrs. Scorer, and seconded by Mr. Bhuta, and carried that-
this application, P /CA 19/93, by R.E. Keeler, as outlined, be APPROVED, on the grounds
that the reduced lot area and east 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 7.2.1
of By-law 3036, as varied by PICA 99/87, subject to the following conditions:
I. That the east side yard width variance apply only to the dwelling in existence on the
property on the date of this decision;
2. That Land Severance Applications LD 61/93 through LD 65/93 be perfected within
two years of the date of this decision or the lot area variance shall become null and
void.
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5. PICA 20/93 - Yorkwood Investments Limited
Lot 42, Plan 40M-1692
Also known as 117 Sweet briar Court
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The applicant requests relief from the provisions of Section 5.18(d) of Zoning By-law 3036, as
varied by P /CA 41/91, to permit the establishment of a 1.2 metre east side yard width to be
provided by a proposed dwelling on the lot, whereas the By-law requires that a residential
detached dwelling with an attached garage provide minimum side yard widths of 1.5 metres.
Approval of this variance application is required in order to permit the construction of a
proposed residential detached dwelling on the lot.
The Secretary-Treasurer outlined comments received from the Town of Pickering Planning
Department, the Region of Durham, Department of Health Services and Canadian National
Railway, Engineering Services (CN), which the Committee had before them. The
Secretary-Treasurer noted a correction to the report of March 11, 1993 from the Town of
Pickering Planning Department in Section #4, paragraph two, that the year stated should
have read 1991, and the application number should have read 41/91.
Mr. M. Godfrey, agent for the applicant, was present to represent the application. No further
representation was present in favour or in objection to the application.
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Mr. Godfrey stated that the CN railway backs onto the subject property, and that the
previous developer of the property had been granted a variance for the front yard depth. He
stated that the subject lot is a problem because of the bulb in the road and the angle on the
side of the lot. Mr. Godfrey noted that in the subdivision agreement with the Town that a
30 metre setback from CN lands is required from the rear of the proposed dwelling on the lot.
Mr. Godfrey demonstrated by comparison: (1) the standard building envelope (2) the
building envelope of other abutting properties to the CN lands on the same street; to
the building envelope of the subject property. Mr. Godfrey showed that the subject lot has
a building envelope depth of approximately 31 feet, whereas a normal building lot would have
a building envelope depth of 65 1/2 feet. Mr. Godfrey explained that the subject lot was
indeed a problem as it is not a normal building lot. Mr. Godfrey stated that the other homes
on the same street ranged in size from 2,500 to 2,600 square feet. The model of house
proposed for the subject lot has a square footage of approximately 2,150 square feet.
Mr. Godrey indicated that the proposed house could not be sited any further back on the lot
because of the 30 metre setback requirement of CN.
DECISION: Moved by Mrs. Kerr, and seconded by Mr. Bhuta, and carried unanimously
that -
this application, PICA 20/93 by Yorkwood Investments Limited, as outlined, be APPROVED
on the grounds that the variance is minor in nature as the encroachment into the required
side yard width is relatively small; the dwelling will encroach into the side yard width that
abuts onto open space parkland; due to the requirement of the Canadian National Railway of
a 30 metre setback from CN lands, the proposed dwelling cannot be sited any further back on
the lot; several development options were explored by the landowner, however no other
reasonable design alternatives were available; desirable for the appropriate development of
the land; and is in keeping with the general intent and purpose of the Durham Regional
Official Plan, the Pickering District Plan and Section 5.18(d) of Zoning By-law 3036, as
varied by PICA 41/91.
6. PICA 21/93 - R. and R. Sweetland
Part of Lot 1148, Plan M-16
Also known as 876 Liverpool Road
The applicants request relief from the provisions of Zoning By-law 2520 as follows:
(1)
Section 8.2.3 of the By-law to permit the continuance of north side yard width of
0.49 metres, whereas the By-law requires that any building provide minimum side yard
widths of 2.4 metres.
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(2) Section 8.2.5 of the By-law to permit the continuance of a maximum lot coverage of
38.4 percent, whereas the By-law limits the lot coverage of structures on the lot to
33 percent.
Approval of this variance applicatif.m is required in order to bring the subject property into
compliance with the provisions of the zoning by-law.
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The Secretary-Treasurer outlined comments received from the Town of Pickering Planning
Department and a telephone call received from Mr. M. Twaites, 878 Liverpool Road,
indicating that he felt the variance should have been applied for prior to the issuance of a
building permit (a number of years ago), and stated the zoning by-laws should be complied
with and not be considered after a structure has already been built.
Mr. Sweetland was present to represent the application. No further representation was
present in favour or in objection to the application.
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Mr. Sweetland stated that the carport was erected prior to his purchase of the property in
1986, and indicated that he installed aluminum siding to one side of the carport in 1987 or
1988.
Mr. Puterbough asked if the carport was originally part of the house. Mr. Sweetland replied
that he believed the carport was built at the time of the construction of the house.
Mr. Sweetland indicated that when a new survey was recently done of the property, that the
non-compliance situation was brought to his attention.
Mr. Puterbough asked if the carport was enclosed on all sides. Mr. Sweetland indicated that
the carport was open on both ends and that it was enclosed on one side only.
DECISION: Moved by Mr. Puterbough, and seconded by Mr. Bhuta, and carried
unanimously that -
this application, P /CA 21/93 by R. and Dr. Sweetland, as outlined, be APPROVED, on the
grounds that the requested 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 8.2.3. and Section 8.2.5 of
Zoning By-law 2520 subject to the following condition:
I. That the requested variances apply only to the dwelling in existence on the subject
property on the date of this decision.
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7.
P /CA 22/93 - S. and S. Bakos
Lot 38, Plan 816
Also known as 1397 Old Forest Road
The applicants request relief from the provisions of Zoning By-law 3036, as amended by
Zoning By-laws 2457/87 and 3429/90, as follows:
(1) Section 10.2.3 of the By-law to permit the continuance of a front yard depth of 5.9 metres,
whereas the By-law requires that a dwelling provide a minimum front yard depth of
7.5 metres.
(2) Section 10.2.3 of the By-law to permit the continuance of a west side yard width of
1.2 metres, whereas the By-law requires that a dwelling provide minimum side yard
widths of 1.5 metres and 2.4 metres.
(3) Section 5.18(a) of the By-law to permit the continuance of the accessory structure
(garage) to be located in the side yard of the lot, whereas the By-law requires that all
accessory buildings which are not part of the main dwelling be erected in the rear yard.
Approval of this variance application is required in order to bring the subject property into
compliance with the zoning by-law, and in order that a building permit may be obtained for a
proposed addition to the rear of the dwelling.
The Secretary-Treasurer outlined comments received from the Town of Pickering Planning
Department and the Region of Durham, Department of Health Services.
....... Ms. Sharon Bakos and Mr. Steve Bakos, the applicants, were present to represent the
application. No further representation was present in favour or in objection to the
application.
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DECISION: Moved by Mr. Bhuta, and seconded by Mrs. Kerr, and carried unanimously
that -
this application, P /CA 22/93 by S. and S. Bakos, as outlined, be APPROVED, on the grounds
that the requested 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 Sections 10.2.3 and 5.18(a) of Zoning By-law
3036, as amended by Zoning By-laws 2457/87 and 3429/90, subject to the following condition:
I. That this variance apply only to the existing dwelling with an addition, and to the
existing accessory structure as generally outlined on the plans submitted with this
application.
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8. PICA 23/93 - M. and C. Gaffney
Part of Lot 20, Concession 2
Also known as 2027 Valley Farm Road
The applicants request relief from the provisions of Zoning By-law 3036 as follows:
(1) Section 7.2.1 of the By-law to permit the continuance of a 38.1 metre lot frontage,
whereas the By-law requires that a dwelling provide a minimum 60.0 metre lot frontage.
(2) Section 7.2.1 of the By-law to permit the continuance of a lot area of 0.23 hectares,
whereas the By-law requires that a lot provide a minimum lot area of 0.8 hectares.
(3) Section 7.2.1 of the By-law to permit the establishment of a north side yard width of
1.5 metres, whereas the By-law requires that a dwelling provide minimum side yard
widths of 3.0 metres.
(4) Section 7.2.1 of the By-law to permit the establishment of a maximum lot coverage of
16.3 percent, whereas the By-law limits the maximum lot coverage of all structures on
a lot to 10 percent.
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Approval of this variance 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(s) for
the proposed additions to the existing dwelling.
The Secretary-Treasurer outlined comments received from the Town of Pickering Planning
Department, the Region of Durham, Department of Health Services, and Councillor Rick
Johnson, Ward 3.
Mr. Martin Gaffney was present to represent the application. No further representation
was present in favour or in objection to the application.
Ms. Archer declared a conflict of interest and did not participate in the consideration of
this application.
Mrs. Scorer asked if the garage could be angled in a different way in order to meet the
3 metre side yard width requirement. Mr. Gaffney stated that if the garage was not built on
an angle that the garage would look awkward. Mr. Gaffney stated that he had contacted
the neighbour to the north of the subject property, and the neighbour indicated that he
would not object to looking at the back of the proposed garage. Mr. Gaffney stated that
there are several mature trees on that side of the property, and he also proposed to install
further landscaping in that area. Mr. Gaffney also noted that the nearest dwelling to the
north of the property is 30 to 50 feet away.
Mr. Bhuta inquired as to the use of the area between the garage and the existing house.
Mr. Gaffney replied that the area was intended for a work shop area.
Mrs. Kerr inquired as to the driveway location to the subject property. Mr. Gaffney
indicated the driveway entrance is from Valley Farm Road, and that the garage would be
entered from the south side.
~ Mrs. Taylor informed the Committee that if the garage was constructed in a different
manner than the drawing, that the proposed lot coverage variance of 16.3 percent may not
be accurate. Mr. Gaffney indicated that the proposed lot coverage variance would probably
not be a problem.
.
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DECISION: Moved by Mr. Puterbough, seconded by Mr. Bhuta, and carried that-
this application, P /CA 23/93 by M. and C. Gaffney, as outlined, be APPROVED, on the
grounds that the lot frontage, lot area, lot coverage and north 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 7.2.1 of Zoning By-law 3036, subject to the following conditions.
(1) That the garage addition, as generally described in this application, be constructed
within two years of date of this Decision or the north side yard width variance shall
become null and void.
......
(2) That the garage and other additions be architecturally co-ordinated with the existing
dwelling.
9. ADJOURNMENT
MOTION: Moved by Mrs. Scorer, seconded by Mr. Bhuta and carried unanimously-
That the 5th meeting of the Committee of Adjustment be adjourned at 8:20 p.m. and the
next regular meeting of the Committee of Adjustment be held on Wednesday, April 7,1993.
':..-.a~,'L ;;; /9KJ'7
DATE
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CHAIRMAN
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SECRETARY- TREASURER/
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