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HomeMy WebLinkAboutFebruary 24, 2010 r Committee of Adjustment Meeting Minutes f! Wednesday, February 24, 2010 T 7:00 pm 1 Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Susan Kular (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, February 24, 2010 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 2nd meeting of the Committee of Adjustment held Wednesday, February 3, 2010 be adopted as amended. CARRIED UNANIMOUSLY 1 Ci o¢~ Committee of Adjustment Meeting Minutes Wednesday, February 24, 2010 7:00 pm 1 1 Main Committee Room (III) REPORTS 1. (Deferred from the February 3, 2010 meeting) P/CA 03/10 - P. Kamalanathan 550 Finch Avenue (Part 1 to 3, 40R-10641 and Part 2, 40R-11450) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6164/03 to permit a rental vehicle establishment as a permitted use, four parking spaces for the storage of rental vehicles as sited on the proposed site plan and forty-one parking spaces for the commercial plaza, whereas the by-law does not permit a rental vehicle establishment, storage of rental vehicles and the by-law requires a minimum of forty-four parking spaces for the subject site. The applicant requests approval of these variances in order to obtain zoning compliance. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the Toronto Region Conservation Authority expressing no concerns. Written comments were received from Arland & Ann Stave of 592 Amaretto Avenue opposed to the application and noted the following concerns: health issues from the toxic fumes of commercial truck; truck noise from trucks being dropped off at all hours; and owner will not stop at only 4 trucks. Written comments were also received from Cathy Phillips of 594 Amaretto Avenue opposed to the application and noted concerns related to the trucks fumes, drop off of trucks at all hours and the number of trucks that are being parked. At the meeting Cathy Phillips spoke to her written comments and indicated that she has no problem if the trucks were relocated along Finch Avenue. Nada Kamalanathan, owner, was present to represent the application. Ralton Myers of 596 Amaretto Avenue was present in objection to the location of the rental trucks. Cathy Phillips of 594 Amaretto Avenue was present in objection to the application. 2 Cif o¢~ Committee of Adjustment Meeting Minutes Wednesday, February 24, 2010 PIE 7:00 pm Main Committee Room Nada Kamalanathan explained the application and submitted a petition with one hundred and ten signatures in support of a U-Haul service on the subject property. In response to a question from a Committee Member, he indicated the size of trucks would range from a cargo van to a 26' truck, has no problem with installing trees to provide a buffer for residents and relocating the rental trucks and providing signage. Ralton Myers indicated he is not fully opposed to the application but has concern with the location of the 4 spots for the rental trucks. He would like to have the spots relocated along Finch Avenue so they are not backing onto his backyard. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 03/10 by P. Kamalanathan, be Approved on the grounds that a rental vehicle establishment as a permitted use, four parking spaces for the storage of rental vehicles and forty-one parking spaces for the commercial plaza 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 apply only to the subject property, as sited and outlined on the applicant's submitted plans with this application. 2. That vehicles parked and stored on the property for rental vehicles shall not exceed 4 vehicles, the maximum height of 3.0 metres and the maximum length of 6.7 metres. 3. That a "rental vehicle establishment" shall mean an establishment used for the rental of vehicles and which may included an accessory thereto the outdoor display of vehicles for rent but shall not include a vehicle repair shop and any establishment engaged in the retail sale of motor vehicles. 4. That the applicant amends the site plan to the City's satisfaction to include planting of coniferous trees on the eastern boundary of the commercial property, as a buffer and screening to its residential zoned lands to the east by August 23, 2010 or this decision shall become null and void. 5. That the proposed rental vehicle storage parking spaces be relocated to the western side on the parking aisle next to the commercial building and that these spaces be appropriately signed to the City's satisfaction. CARRIED UNANIMOUSLY 3 Committee of Adjustment 41 Meeting Minutes Wednesday, February 24, 2010 T> 7:00 pm 1 Main Committee Room 2. P/CA 04/10 - Kingswhite Properties Inc. 778-790 Kingston Road (Part of Lot 28, Range 3, B.F.C:) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5991/02 to permit a building outside of Building Envelope B with a minimum 13.3 metre east side yard setback and a minimum 10.5 metre setback from Building Envelope A, whereas the by-law requires the buildings and structures shall be located entirely within Building Envelope A and/or Building Envelope B. The applicant requests approval of this variance in order to obtain site plan approval and building permits for a commercial development consisting of three commercial buildings on the subject property. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received by the Toronto and Region Conservation Authority indicating no objections to the application. Aaron Knight, owner, was present to represent the application. John Ibbetson of 787 Sheppard Avenue and Linda Clarke of 791 Sheppard Avenue were present to seek additional information on the application. Sylvia and Ralph Spencer of 771 Sheppard Avenue were present in objection to the application. Aaron Knight responded to concerns expressed from surrounding residents stating that there will be no outdoor garbage bins as refuse facilities will be enclosed within the buildings, there will be an eight foot cedar fence as well as a cedar hedge, and there will be a buffer surrounding the large tree to protect it during construction. John Ibbetson, indicated he is seeking information on the application and that his house back onto the subject property. He also indicated he would like to be included on the Site Plan process and would like to have an eight foot fence at the rear of the property. He questioned what steps will be taken to protect a large tree on the subject property and if there was any opportunity to acquire any land from the applicant. 4 Committee of Adjustment Meeting Minutes `Wednesday, February 24, 2010 7:00 pm Main Committee Room Sylvia Spencer expressed concerns with impact on her wood lot, fencing, ponding of water and the potential of West Nile Virus, drainage, shadowing and lack of fresh air. She showed the Committee a coloured map that outlined her property and she provided a history of her property. Linda Clarke indicated she is seeking additional information on the application and would like to see some trees added to the rear of the property to provide a buffer between properties. She also had a concern with the location of the garbage bins and after speaking with City staff learned that the garbage bins will be enclosed within the buildings. Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 04/10 by Kingswhite Properties Inc., be Approved on the grounds that the proposed establishment of a minimum 13.3 metre east side yard setback to Building Envelope B, and to permit the southerly extension of the proposed building by 3.0 metres, reducing the distance between Building Envelope A and B to 10.5 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 commercial development, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains building permits for the proposed construction by February 24, 2012, or this decision shall become null and void. CARRIED UNANIMOUSLY 5 city o Committee of Adjustment Meeting Minutes Wednesday, February 24, 2010 PICKE 7:00 pm Main Committee Room (IV) ADJOURNMENT Moved by Keith Wilkinson Seconded by Eric Newton That the 3rd meeting of 2010 the Committee of Adjustment be adjourned at 7:56 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 17, 2010. CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer 6