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Home My WebLink AboutJanuary 13, 2010 Committee of Adjustment Meeting Minutes City o~ Wednesday, January 13, 2010 7:00 pm PI ! Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Susan Kular Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, January 13, 2010 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Susan Kular. That the minutes of the 16th meeting of the Committee of Adjustment held Wednesday, December 2, 2009 be adopted as amended. CARRIED UNANIMOUSLY 1 Committee of Adjustment City Meeting Minutes o~ AL A~ Wednesday, January 13, 2010 7:00 pm P Main Committee Room (III) REPORTS 1. P/CA 57/09 & PCA 58/09 - J. Muccillo 1435 Rosebank Road (Lot 18, Plan 473) City of Pickering The applicant's amended applications requests relief from Zoning By-law 3036, to permit a 1.2 metre south side yard width to an existing dwelling and to permit a . proposed lot frontage of 13.7 metres with a north and south side yard width of 1.2 metres to a future lot, whereas the by-law requires a minimum lot frontage of 15.0 metres and a minimum side yard width of 1.5 metres. The applicant requests approval of these variances in order to permit the creation of two lots by means of a future application with the Region of Durham. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending tabling as the applications have been amended and require recirculation. Kevin Washington, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Susan Kular That application P/CA 57/09 & P/CA 58/09 by J. Muccillo, be TABLED on the grounds that the applications have been amended and requires recirculation to the public, internal and external agencies to comment for the revised applications. CARRIED UNANIMOUSLY 2 Committee of Adjustment Meeting Minutes City o~ Wednesday, January-13, 2010 7:00 pm Plf Main Committee Room %,,r,-_nR1NG 2. P/CA 01/10 - C. & L. Noble 664 Liverpool Road (Part Lot 13, Block D, Plan 65) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a side yard width of 0.9 metres and to recognize an existing lot frontage of 10.0 metres whereas the by-law requires a minimum side yard width of 1.5 metres, and minimum lot frontage of 15.0 metres. The applicant requests approval of these variances in order to obtain a building permit for the reconstruction of a detached dwelling. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Chris & Lisa Noble, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 01/10 by C. & L. Noble, be APPROVED on the grounds that the side yard width of 0.9 metres and lot frontage of 10.0 metres are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances applies only to the proposed detached dwelling, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by January 13, 2012 or this decision shall become null and void. CARRIED UNANIMOUSLY 3 Committee of Adjustment Meeting Minutes Cztq o~ Wednesday, January 13, 2010 7:00 pm PI CI= Main Committee Room 3. P/CA 02/10 - J. & G. Breen 4993 Brock Road (Part of Lot 3, Plan 12, Part 1, 40R-5734) City of Pickering The applicants request relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit the enlargement and extension of a legal non-conforming detached dwelling by permitting an accessory dwelling unit in an accessory building and to permit a 0.0 metre south side yard width to an existing accessory building, whereas the by-law does not permit a building used for residential purposes as the principal use on a property zoned for commercial purposes and requires a 1.0 metre side yard width for all accessory structures within a commercial zone. The applicants request approval of this variance in order to obtain zoning compliance. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending tabling the application. Written comments were received from Councillor Rick Johnson' in support of the application. Written comments were received from Daniel Park and Julie Sung of 1703 Central Street in objection to the application. Written comments were also received from the Durham Region Health Department indicating a detailed site plan specifying the location of all structures, well and private sewage disposal envelopes is required prior to providing comments. John & Gordana Breen, owners, were present to represent the application. Maureen Malone of 1662 Central Street, Brian & Lauren O'Kane of 1683 Central Street, Joyce Bennet of 5258 Old Brock Road, Betty Hutton of 1683.Central Street, Chuck & Lynne Honeyman of 1742 Joseph Street, Robert Wilson & Nichole McMinn of 5050 William Street, Rose Breen of.126 Brandy Lane Way, Maria Salopek of 272 Main Street, Corky DeGraauw of 661 Pleasant Street, Eric Winterstein of 1752 Wellington Street were present in support of the application. Correspondence received from Daniel Park and Julie Sung the abutting property owners expressed several concerns and indicated the property is too small to allow two dwelling units, sewage problems, property should remain commercial with accessory residential, this type of change should be a rezoning, and all new construction should be setback from the property lines to reduce the spread of fire. 4 I Committee of Adjustment Cit1l Meeting Minutes o~ Wednesday, January 13, 2010 7:00 pm PI Main Committee Room Gordana Breen provided a history of the property and also provided comments on the objection letter received from abutting neighbor. Gordana Breen indicated there is no new construction being proposed, there is no problem with sewage flow, this is a minor variance not a major variance and the existing accessory building does not affect the property owner to the south. In response to a question from a Committee Member the Secretary-Treasurer explained the zoning by-law definition for enlargement and extension of a legal non-conforming detached dwelling. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 02/10 by J. & G. Breen, be TABLED on the grounds that the enlargement and extension of a legal non-conforming detached dwelling by permitting an accessory dwelling unit in an accessory building and a 0.0 metre south side yard width to an existing accessory building to be premature until comments are received from the Region of Durham Health Department, and until such information is provided to the Planning & Development Department CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Susan Kular Seconded by Keith Wilkinson That the 1 st meeting of 2010 the Committee of Adjustment be adjourned at 7:18 pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 3, 2010. CARRIED UNANIMOUSLY Date Chair ' Ilk- Assistant Secretary-Treasurer 5