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HomeMy WebLinkAboutJune 9, 2010 Cif 1-0 _ Committee of Adjustment Meeting Minutes Wednesday, June 9, 2010 7:05 pm Main Committee Room PRESENT: David Johnson - Chair Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Kevin Ashe Susan Kular (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, June 9, 2010 meeting be adopted as amended. CARRIED UNANIMOUSLY (11) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 7th meeting of the Committee of Adjustment held Wednesday, May 19, 2010 be adopted as amended. CARRIED UNANIMOUSLY 1 cis o¢~ Committee of Adjustment .141 ALA- Meeting Minutes _ Wednesday, June 9, 2010 -IT _U PH / 7:05 pm Main Committee Room (III) REPORTS 1. P/CA 16/10 - 1138224 Ontario Ltd. 401 Kingston Road (Part lot 19, Plan 230, Part 1, 40R-16160) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6189/03 to permit a build-to-zone setback of 0.6 metres to the proposed canopy and 0.9 metres to the proposed school building addition, whereas the by-law requires a build-to-zone setback of 3.0 metres from the front property line to a building. The applicant requests approval of this variance in order to obtain site plan approval and a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Mori Edelstein, agent, was present to represent the application. Elvis Nurse of 23 Wickson Street was present in favour of the application. Mori Edelstein explained the site plan and provided pictures for the Committee to review. Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 16/10 by 1138224 Ontario Ltd., be Approved on the grounds that the build-to-zone setback of 0.6 metres to the canopy and 0.9 metres to the proposed school building addition 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 canopy and the proposed school building addition, as generally sited and outlined on the applicant's submitted plans with this application. 2 o¢~ _ Committee of Adjustment Meeting Minutes Wednesday, June 9, 2010 7:05 pm Main Committee Room 2. That the applicant obtains a building permit for the proposed construction by June 8, 2012 or this decision shall become null and void. CARRIED UNANIMOUSLY 2. P/CA 17/10 - J. Saunders 132 Highway No. 7 (Part of Lot 34, Concession 6, Part 3 & 5 40R-4794) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law 2676/88 to permit a cat rescue establishment use as a permitted use and to recognize the existing lot frontage of 25.0 metres and a front yard depth of 1.8 metres to the existing building whereas the by-law does not specifically permit a cat rescue establishment use, requires a minimum lot frontage of 30.0 metres and a minimum front yard depth of 9.0 metres. 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 City's Development Control Manager expressing no concerns. Written comments were received from Councillor Rick Johnson in support of the application. Written comments were received from the Toronto and Region Conservation Authority expressing no objection to the approval of the minor variance to allow for a proposed cat rescue establishment on-site. Written comments were also received from the City's Animal Services, Supervisor expressing no objection to the application providing appropriate conditions of approval are included to restrict the number of cats to a maximum of 15 and the facility is operated and maintained in an appropriate manner. Sharon Carss, agent, and Joy Saunders, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. 3 Cif o¢~ - Committee of Adjustment Meeting Minutes Wednesday, June 9, 2010 7:05 pm Main Committee Room In response to questions from Committee Members, Sharon Carss acknowledged she is fully aware of all the conditions outlined by the City, and explained the cat rescue provides a cage free environment for cats prior to being adopted. Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 17/10 by J. Saunders, be Approved on the grounds that the a cat rescue establishment use as a permitted use, and to recognizing an existing lot frontage of 25.0 metres and a front yard depth of 1.8 metres to the existing building 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 existing lot and building, as generally sited and outlined on the applicant's submitted plans with this application. 2. That a "Cat Rescue Establishment" shall mean a building or part thereof used for the care of lost, abandoned or neglected cats but shall not apply to the breeding and the keeping of cats in a veterinary establishment for the purpose of observation and/or recovery necessary to veterinary treatment. 3. That the maximum number of cats kept on the property shall not exceed 15 cats. 4. That the Cat Rescue Establishment be supervised by a licenced veterinarian technician. 5. That the housing of cats is maintained in a clean and sanitary condition at all times with all excrement, refuse and other objectionable material removed at least once in every 24 hour period, including weekends and holidays. 6. That the Cat Rescue Establishment is subject to section 11(e), 16(b), 21, 22, 23, 32, 33, 34, 48 and 49 of By-law No. 6850/08, By-law to Licence Pet Shop. 7. That this variance applies only to the owner of the property at the time of the Decision on this application and will become null and void when the ownership of the property is transferred. CARRIED UNANIMOUSLY 4 Committee of Adjustment Meeting Minutes _ Wednesday, June 9, 2010 7:05 pm Main Committee Room 3. P/CA 18/10 - O. Peralta-Wakida 301 Strouds Lane, Unit 10 (Plan 40M-2119 Pt Blk 38 Now 40R-23036 Part 10) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5892/01 to permit a 4.2 metre rear yard depth to a proposed raised deck, whereas the by-law requires a minimum rear yard depth of 7.5 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 approval subject to conditions. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were received from Councillor Rick Johnson in support of the application. Written comments were also received from the Toronto and Region Conservation Authority expressing no objections subject to the owner obtaining a permit from TRCA for any development with the Regulated Area. Cesare Gallo, agent, and Tili Peralta-Wakida, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 18/10 by O. Peralta-Wakida, be Approved on the grounds that the 4.2 metre rear yard depth to a proposed raised deck, 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 apply only to the proposed raised deck, as generally sited and outlined on the applicant's plans submitted with this application. 2. That the Owner obtains a permit from TRCA prior to any development taking place within the Regulated Area on the subject lands. 3. That the applicant obtains a building permit for the proposed construction by June 8, 2012, or this decision shall become null and void. CARRIED UNANIMOUSLY 5 Citq oo _ Committee of Adjustment Meeting Minutes Wednesday, June 9, 2010 7:05 pm Main Committee Room 4. P/CA 19/10 - S. & K. Alexander 476 Toynevale Road (Lot 118, Plan 350) City of Pickering The applicant requests relief from Zoning By-law 2511to permit a rear yard depth of 4.1 metres to an existing detached dwelling, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to permit the creation of two lots through a Land Division Application with the Region of Durham. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending tabling the application. Written comments were received from the City's Development Control Manager indicating comments for the grading and servicing will be addressed through the land division application process. Written comments were received from the City's Supervisor, Building Permits indicating the applicant should demonstrate that window restrictions imposed by spatial separation requirements in 9.10.15 of the Ontario Building Code have been met for the proposed 4.1 metre limiting distance to the rear elevation of the existing house. Written comments were also received from the Toronto and Region Conservation Authority indicating TRCA will look to secure and protect lands subject to the Petticoat Creek Valleylands and designated Environmentally Significant Area through the land division application process. Aaron Knight, agent, was present to represent the application and agrees with staff recommendation to table the item until application can be further evaluated. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 19/10 by S. & K. Alexander, be Tabled on the grounds that the rear yard depth of 4.1 metres to an existing detached dwelling to be premature until the limits of the proposed lots have been concluded and to further evaluate the application. CARRIED UNANIMOUSLY 6 City vo - Committee of Adjustment 141 Meeting Minutes en, = - Wednesday, June 9, 2010 7:05 pm Main Committee Room (IV) OTHER BUSINESS Moved by David Johnson Seconded by Eric Newton That the 9th meeting scheduled for June 30, 2010, be cancelled and that P/CA 15/10 deferred from the May 19, 2010 meeting be further deferred to the next scheduled meeting on July 21, 2010. CARRIED UNANIMOUSLY (V) ADJOURNMENT Moved by Keith Wilkinson Seconded by Eric Newton That the 8th meeting of 2010 the Committee of Adjustment be adjourned at 7:29 pm and the next meeting of the Committee of Adjustment be held on Wednesday, July 21, 2010. CARRIED UNANIMOUSLY Date = Chair Assistant Secretary-Treasurer 7