HomeMy WebLinkAboutFebruary 24, 1993
-15 -
MINUTES of the 4th meeting of the Committee
of Adjustment held in the Committee Room of
the Pickering Civic Complex on Wednesday,
February, 24, 1993.
PRESENT
Ms. S. Archer, Chairperson
Mr. B. Bhuta
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
There were no matters arising from the minutes.
2. ADOPTION OF MINUTES
MOTION: Moved by Mr. Bhuta, seconded by Mrs. Scorer and carried unanimously -
That the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday,
February 3, 1993 be adopted.
3. PICA 13/93 - G. Dunning
Part of Lot 30, Concession 1
Also known as 598 Sheppard Avenue
~ The applicant requests relief from the provisions of Section 5.18(d) of By-law 3036 to permit
the continuance of a minimum 1.0 metre east side yard width provided by a dwelling with an
attached accessory structure (garage) whereas the by-law requires that a dwelling with an
attached accessory structure provide minimum side yard widths of 1.5 metres.
Approval of this variance application is required in order to bring the subject property into
compliance with the Zoning By-law and to obtain a Building Permit for the garage addition
(#92-1521).
--
The Secretary-Treasurer outlined comments received from the Planning Department.
Mr. G. Dunning, the applicant, was present to represent the application.
Mrs. Scorer cautioned the applicant regarding a statement included in the report to the
Committee of Adjustment dated February 16, 1993 from Mr. Cole that "the applicant must
still comply with the Ontario Building Code prior to the issuance of a building permit. The
Town Building Department has advised that if the subject addition has windows on the east
side, then the addition must either provide a side yard width of 1.2 metres, or the windows be
removed." Mr. Dunning stated that he is aware of the situation and that the windows would
be removed if necessary.
DECISION: Moved by Mr. Bhuta, and seconded by Mrs. Scorer, and carried unanimously
that -
this application, P /CA 13/93 by G. Dunning, be APPROVED as outlined, on the grounds that
the proposed side yard width variance is minor in nature, required to recognize an existing
situation, 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 5.18(d) of By-law 3036 subject to the following condition:
I. That this variance apply only to the dwelling in existence on the date of this decision as
shown on the plans submitted with this application.
-16 -
4. PICA 14/93 - M. Thomas
Part of Lot 77, Plan 492
Also known as 1290 Glenanna Road
The applicant requests relief from Zoning By-law 3036 as follows:
(1) Section 9.2.3 of the By-law to permit:
i) the establishment of a minimum 6.0 metre front yard depth to be provided by a
proposed dwelling to be constructed on the newly created lot whereas the By-law
requires that a dwelling provide a minimum front yard depth of 7.5 metres;
,..,. ii) the establishment of a minimum 4.8 metre rear yard depth to be provided by a
proposed dwelling to be constructed on the newly created lot whereas the By-law
requires that a dwelling provide a minimum rear yard depth of 7.5 metres.
(2) Section 5.18(a) of the By-law to permit the continuance of an accessory structure
located 0.7 metres from the north lot line and 0.9 metres from the west lot line on the
newly created lot 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.
Approval of this variance application is required in order to bring the newly created lot into
compliance with the provisions of the zoning by-law and to obtain a Building Permit for a
dwelling to be constructed on the lot.
The Secretary-Treasurer outlined comments received from the Planning Department and a
verbal comment received from the Durham Regional Health Services that they had no
objection to the application provided that the lot is services with municipal water and sewers.
Mrs. M. Thomas, the applicant, was present to represent the application.
The Secretary-Treasurer indicated that in the Decision for the variance application it would
be noted that a main dwelling does not exist on the lot.
DECISION: Moved by Mrs. Scorer, and seconded by Mr. Bhuta and carried unanimously
that -
this application, P /CA 14/93 by M. Thomas, be APPROVED as outlined, on the grounds that
....... the proposed front and rear yard depth, and the accessory structure location 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 9.2.3 and Section 5.18(a) of Zoning By-law 3036 subject to the following
condition:
I. That these variances apply only to the existing accessory structure and proposed
dwelling as generally outlined in this application.
5. PICA 15/93 - V. and D. Vine
Lot 61, Plan 40M-1467
Also known as 935 Rambleberry Avenue
The applicants request relief from Zoning By-law 3036, as amended by Zoning By-law
1998/85, as varied by PICA 103/87, Section 5(I)(b)(iv)A of the By-law to permit the
continuance of a north side yard width of 1.1 metres whereas the By-law requires that a
dwelling provide minimum side yard widths of 1.2 metres.
Approval of this variance application is required in order to obtain a Building
Permit (#92-1461) for the enclosure of a hot tub and deck on the subject property.
'-'
The Secretary-Treasurer outlined comments received from the Planning Department.
Mr. and Mrs. Vine, the applicants, were present to represent the application. Several other
immediate neighbours were present in support of the application.
Mrs. Scorer stated that if a future survey is completed, and the measurements show that the
north side yard of 1.1 metres is not accurate, then another variance would be required.
Mr. Vine indicated that he had measured the side yard width distance twice, and hoped that
the measurement was correct.
-17 -
DECISION: Moved by Mrs. Scorer, and seconded by Mr. Bhuta and carried unanimously
that -
this application, PICA 15/93 by V. and D. Vine, be APPROVED as outlined, on the grounds
that the proposed north 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.(I)(b)(iv)A of
By-law 1998/85 subject to the following condition:
I. That the proposed north side yard variance of 1.1 metres apply only to the rear yard
addition as generally shown in this application.
,-,.
6. 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.
........
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.
As the applicants were not present at the meeting, and no other representation was present
at the meeting in favour or in objection to the application, the matter was adjourned to the
next Committee of Adjustment meeting.
MOTION: Moved by Ms. Archer, and seconded by Mrs. Scorer, and carried that-
consideration of this application, P /CA 16/93 by A. and W. Chamberlain, be ADJOURNED
to the next meeting of the Committee of Adjustment, Wednesday, March 17, 1993.
7. PICA 17/93 - S. Boulanger
Lot 70, Plan 331
Also known as 676 Victory Drive
'-'
The applicant requests relief from the provisions of Section 5.19(a) of By-law 2511, as
varied by P /CA 26/90 and P /CA 11/93, to permit the continuance of a 0.7 metre south yard
width and 0.3 metre west yard width by the proposed second-storey addition (garage)
whereas the zoning by-law requires that detached accessory structures be located in the
rear yard not less than 1.0 metres from all lot lines.
Approval of this variance application is required in order to obtain a building permit for a
proposed second-storey addition to the accessory structure (garage).
The Secretary- Treasurer outlined comments received from the Planning Department.
Mr. S. Boulanger, the applicant, and Mr. M. Basque, the agent, were present to represent
the application. Mr. C. Lantaigne and Mr. J.P. Lantaigne, of 672 Victory Drive, were also
present in favour of the application.
.....
..
-18 -
Mrs. Scorer stated as Mr. Boulanger's application, P /CA 17/93, is an extension of the
variance application heard at the Committee of Adjustment meeting on February 3, 1993
being minor variance application P /CA 11/93 for the same property, that Mr. Boulanger's
application fee of $160.00 should be refunded.
MOTION: Moved by Mrs. Scorer, and seconded by Ms. Archer and carried unanimously
that -
Mr. S. Boulanger's application fee of $160.00 for the variance application P /CA 17/93 be
refunded to him as the application was an extension of P /CA 11/93.
DECISION: Moved by Mrs. Scorer, and seconded by Mr. Bhuta and carried unanimously
.....,. that -
this application, P /CA 17/93 by S. Boulanger, as outlined be APPROVED as outlined, on
the grounds that the proposed south and west yard width variances for a second storey
addition to the existing detached garage 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 Omcial Plan, the Pickering District Plan, and Section 5.19(a) of By-law 2511,
subject to the following condition:
1. That these variances apply only to the existing accessory structure with the
addition proposed in building permit application #93-028.
8. PICA 18/93 - J. and M. Alexander
Lot 105, Plan 1041
Also known as 803 Finch Avenue
The applicants request relief from the provisions of Zoning By-law 3036, Section 10.2.3 to
permit the continuance of a front yard depth of 6.7 metres whereas the By-law requires that
any building structure provide a front yard depth of 7.5 metres.
Approval of this variance 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 Planning Department.
Mr. Harvey Storm, of Storm & Associate, Barristers and Solicitors, the agent, was present
to represent the application.
Mr. Storm requested that the application fee for the minor variance application be waived
in this matter since it was not brought to the owners attention that a non-compliance
situation existed in 1983 when a previous variance application was granted (P /CA 55/83).
Mr. Storm stated that he obtained from the present applicants a copy of a survey stamped
by the Town that the property complied with the zoning by-laws, as varied.
Ms. Archer stated that as in 1983 the subject property was under different ownership, that
she did not know if the previous owner was informed of the non-compliance. Mrs. Archer
also advised that in light of the Planning Department's explanation of the matter, that the
request for a refund was unsupported by the Committee.
DECISION: Moved by Mr. Bhuta, and seconded by Mrs. Scorer, and carried unanimously
that -
this application, P /CA 18/93 by A. and W. Alexander, be APPROVED as outlined, on the
grounds that the 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
Omcial Plan, the Pickering District Plan and Section 10.2.3 of Zoning By-law 3036 subject
to the following condition:
I. That this variance apply only to the existing dwelling as generally outlined in this
application.
'-'
'-'
'-'
.19 .
9. ADJOURNMENT
MOTION: Moved by Mrs. Scorer, seconded by Ms. Archer and carried unanimously.
That the 4th meeting of the Committee of Adjustment be adjourned at 7:40 p.m. and the
next regular meeting of the Committee of Adjustment be held on Wednesday, March 17,
1993.
DA-': (f< c L /0 /993
")
<
~>t0t"~
CHAIRMAN
-C- 9~ 7! L~
s~ /- c .6b;&:~
SECRETARY.TREASU R
;1r~~
.