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HomeMy WebLinkAboutApril 28, 2010 Cif o¢~ - Committee of Adjustment Meeting Minutes Wednesday, April 28, 2010 .7:02 pm . Pil _R T 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, April 28, 2010 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, .April 7, 2010 be adopted as amended. CARRIED UNANIMOUSLY 1 Cif o¢~ Committee of Adjustment 11111 ALA_ Meeting Minutes Wednesday, April 28, 2010 nT 7:02 pm 1 Main Committee Room (III) REPORTS 1. (Deferred from the April 7, 2010 meeting) P/CA 07/10 - P. Wobbe & J. Davis 1250 St. Martins Drive, Unit 21 (Part of Block Y, Plan M16, Part 21, 151, 40R-25699) City of Pickering The applicant requests relief from Zoning By-law 2520, as amended by By-law 6705/06 to permit a rear yard depth of 3.5 metres and side yard widths of 0.6 metres to a proposed raised rear yard deck whereas the by-law requires a minimum rear yard depth of 5.0 metres and a minimum side yard width of 1.2 metres. The applicant requests approval of this variance in order to obtain a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were received from Derek Rozen of 1250 St. Martins Drive in support of the application. Written comments were also received from Mohammad Chaudhry of 1250 St. Martins Drive in full support of the application. Julie Davis submitted a petition signed by eleven surrounding neighbours in support of the installation of the raised rear yard deck. Paul Wobbe & Julie Davis, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Kevin Ashe That application P/CA 07/10 by P. Wobbe & J. Davis, be Approved on the grounds that the rear yard depth of 3.5 metres and side yard widths of 0.6 metres to a proposed raised rear yard deck are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Zoning By-law, subject to the following conditions: 2 o~ Committee of Adjustment Meeting Minutes Wednesday, April 28, 2010 Plcf~x 7:02 pm Main Committee Room 1. That these variances apply only to the proposed raised rear yard deck, 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 April 27, 2012, or this decision shall become null and void. MOTION LOST Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 07/10 by P. Wobbe & J. Davis, be Refused on the grounds that the rear yard depth of 3.5 metres and side yard widths of 0.6 metres to a proposed raised rear yard deck are major variances that is not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. CARRIED Vote Kevin Ashe opposed David Johnson in favour Eric Newton in favour Keith Wilkinson in favour 2. P/CA 10/10 - Wintser Investments Limited 415 Toynevale Road (Part Lot 64, 65, 66, Plan 350, Part 1, 40R-19738) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 1399/81 to permit a side yard width of 3.9 metres to the proposed addition of the existing building (Blaisdale Montessori School) and to eliminate the requirement for bus parking spaces on-site, whereas the by-law requires a minimum side yard width of 7.5 metres and 2 bus parking spaces on-site. The applicant requests approval of these variances in order to obtain site plan approval and a building permit. , 3 Committee of Adjustment cav Meeting Minutes Wednesday, April 28, 2010 e' pit-,Yr= 7:02 pm Main Committee Room The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. The Site Plan Committee is supportive of the proposed addition to the school as presented at the Site Plan Committee Meeting on February 24, 2010. Written comments were received from the City's Coordinator, City Development in support of the expansion of the existing private school. Written comments were also received from Robert & Teresa Bunting of 543 Lekani Court in objection to the application. Correspondence received from Robert & Teresa Bunting expressed several concerns such as loss of mature trees, the building being even closer to the property line which will encroach on their privacy and standard of living. Robert & Teresa Bunting also noted during the construction of the gymnasium that it was their understanding that landscaping was to be completed with trees and/or shrubs to help hide the building and this has not been done. Laurence Wilson, owner, was present to represent the application. Brad Bell and Loren Mancon of 539 Lekani Court, Richard Serville of 537 Lekani Court and Councillor Jennifer O'Connell were present in objection to the application. Brad Bell and Loren Mancon expressed several concerns indicating this is a major variance and has a major impact on their property, the subject property is not well maintained, loss of privacy, security, high noise levels, garbage in their backyard, teenagers gathering at night drinking and leaving garbage, mature trees died after the last expansion and is concerned with the loss of even more mature trees due to the expansion and pictures were also submitted to the Committee to review. Loren Mancon questioned, the use of the stage and would it be rented out to local bands. Richard Serville provided a history of his property and the subject property. Richard Serville also expressed several concerns indicating the subject property is poorly maintained, decrease in property value, garbage in their pool, during the last expansion mature trees died and were supposed to be replaced and they have not, and the school has destroyed the view from his home and he provided pictures to the .Committee members to review. Councillor Jennifer O'Connell indicated she was representing the community and have spoken with Robert & Teresa Bunting and had a chance to meet with them prior to the meeting to go over their concerns and view the subject property from the their property. 4 Committee of Adjustment Meeting Minutes f_ a Wednesday, April 28, 2010 Pi 7:02 pm Main Committee Room Councillor O'Connell expressed several concerns with the construction equipment being maneuvered in such a small area and the impact it may have on the remaining mature trees, the safety of the surrounding neighbours, and this area is considered a "hot spot" for kids to hang out. Councillor O'Connell also asked that the Committee consider deferring this application so that arrangements can be made to meet with the abutting home owners for a site visit. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 10/10 by Wintser Investments Limited, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. CARRIED UNANIMOUSLY 3. P/CA 11/10 - Keokuk Developments Inc. 1005 Copperstone Drive (Lot 20 to 24, Part Lot 17, 19, 40M-1552, Part 2 40R-19529) City of Pickering The applicant requests relief from Zoning By-law 2511, to permit 96 percent of the total required parking to be located in the front yard, whereas the by-law limits the front yard parking to 20 percent of the total required parking area. The applicant requests approval of this variance in order to obtain approval for a land severance application and site plan approval. 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 City's Coordinator, City Development in support of the variance to reconfigure the property to create an additional industrial lot. Written comments were also received from the City's Development Control Manager expressing no concerns. Nick Gougoulias, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. 5 Committee of Adjustment Meeting Minutes - Wednesday, April 28, 2010 PX_TE/_U 7:02 pm Main Committee Room Moved by Kevin Ashe Seconded by Keith Wilkinson That application P/CA 11/10 by Keokuk Developments Inc., be Approved on the grounds that the request to permit 96 percent of the total required parking to be located in the front yard is a minor variance that is 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 this variance applies only to the retained parcel of LD 92/09 on the subject property, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains final clearance of Land Division Application LD 92/09 or this decision shall become null and void. CARRIED UNANIMOUSLY 4 P/CA 12/10 - 1262847 Ontario Ltd. 3260 3280 Highway 7 (Part Lot 3, Concession 6 South) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law 2623/87 to permit a Flooring and Carpeting Retail Establishment use, whereas the by-law does not specifically permit a flooring and carpeting retail establishment in a "CL-CA" zone. The applicant requests 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 approval subject to conditions. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were received from the City's Coordinator, City Development in support of the application. Written comments were also received from the Durham Health Department with no objections to the application. David Grant, owner, was present to represent and explained the application. No further representation was present in favour of or in objection to the application. 6 Committee of Adjustment Meeting Minutes ° x Wednesday, April 28, 2010 7:02 pm Main Committee Room Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 12/10 by 1262847 Ontario Ltd., be Approved on the grounds that the proposed flooring and carpeting retail establishment use within the existing commercial building is a minor variance that is 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 this variance applies only to the existing commercial building, 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 April 27, 2011, or this decision shall become null and void. CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Keith Wilkinson That the 6th meeting of 2010 the Committee of Adjustment be adjourned at 7:38 pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 19, 2010. CARRIED UNANIMOUSLY (V\ ot0 Date f T~ Chair Assistant Secretary-Treasurer 7