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HomeMy WebLinkAboutFebruary 29, 2012 Citqoo Committee of Adjustment Meeting Minutes Wednesday, February 29, 2012 1 - 7:00 pm Main Committee Room Present: Tom Copeland David Johnson - Chair Eric Newton - Vice-Chair Bill Utton Shirley Van Steen Also Present: .Mils Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (1) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, February 29, 2012 meeting be adopted. Carried Unanimously (11) Adoption of Minutes Moved by Tom Copeland Seconded by Shirley Van Steen That the minutes of the 1st meeting of the Committee of Adjustment held Wednesday, February 8, 2012 be adopted. Carried Unanimously 1 Committee of Adjustment Meeting Minutes Wednesday, February 29, 2012 7:00 pm Main Committee Room (III) Reports 1. (Deferred from February 8, 2012 meeting) P/CA 04/12 - L. & L. D'Silva 2001 Tilson Court (Lot 12, Plan 40M-2119) City of Pickering The applicant revised the proposed development and requests relief from Zoning By-law 3036, as amended by By-law 5892/01 to permit a rear yard depth of 4.8 metres to a proposed sunroom addition onto the rear of the 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 obtain a building permit for a proposed sunroom. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal and recommends that the application be amended to request a rear yard depth of 5.5 metres. Cristin Miller, agent, and Lionel & Lorna D'Silva, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. Cristin Miller explained the sunroom is an enclosed glass structure that will allow light through thereby the sunroom will function much like an outdoor deck. Further, letters in support of the application were received from five surrounding nieghbours. In response to questions from Committee members, Cristin Miller indicated they would agree to the 5.5 metres, however, they would prefer 4.8 metres to avoid the sunroom having to be customized, she also indicated it would bean increased cost of approximately 10-13 percent and an increased timeline of 4 weeks. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 04/12 by L. & L. D'Silva, be Approved on the grounds that the rear yard depth of 4.8 metres to a proposed sunroom addition onto the rear of the existing detached dwelling 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: 2 Cif o¢~ _ Committee of Adjustment Meeting Minutes Wednesday, February 29, 2012 7:00 pm rE/'uR PIK,r-,ju ING Main Committee Room 1. That this variance apply only to a proposed sunroom addition onto the rear of the existing detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by February 28, 2014 or this decision shall become null and void. Carried Vote Tom Copeland opposed David Johnson in favour Eric Newton opposed Bill Utton in favour Shirley Van Steen in favour 2. P/CA 05/12 - L. Sharman 1802 Spruce Hill Road (Plan 1041, RCP, Part Lot 45, 40R-8061, Part 1) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a lot coverage of 39 percent, whereas the by-law allows a maximum lot coverage of 33 percent. The applicant requests approval of this variance in order to obtain a building permit. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Paul Wright, agent, and Linda Sharman, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Eric Newton That application P/CA 05/12 by L. Sharman, be Approved on the grounds that the lot coverage of 39 percent 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: 3 citq oo Committee of Adjustment AAQ, Meeting Minutes Wednesday, February 29, 2012 PB~~ 7:00 pm Main Committee Room 1. That this variance apply only to the proposed detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by February 28, 2014, or this decision shall become null and void. Carried Unanimously 3. P/CA 06/12 - T. FielderN. Marshall 1892 Liverpool Road (Lot 16, Plan 492) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit the parking of 3 trailers and 2 vehicles on a lot, the parking of 5 vehicles in the front yard not on a driveway, the parking of a trailer with a height of 3.3 metres, an accessory building lot coverage of 7 percent, whereas the by-law allows a maximum parking of 4 vehicles, only one of which may be a trailer, no part of any front or flankage yard except a driveway is to be used for parking or storage of vehicles, maximum permissible height for a parked vehicle to be 2.6 metres, and maximum lot coverage of 5 percent for all accessory buildings. The applicant requests approval of these variances in order to establish zoning compliance. M. Yeung, Assistant 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 also received from Judith Burrows of 1310 Fieldlight Blvd. in objection to the application. Terry Fielder, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Terry Fielder explained the trailers that are stored on the property are for the Pickering Scouts which is a non-profit youth group that runs programs to benefit youth and the Pickering Community. The previous location where the trailers have been stored has since closed down and has not been able to acquire another location. Terry Fielder indicated he willing to remove a couple of the accessory structures in the effort to change the lot coverage from major to a minor variance, change the landscaping/hedge at the front of the property to reduce the visual impact on Liverpool Road, he is also willing to modify the trailer for the canoe racks in order to comply with the by-law parked vehicle maximum height requirement. 4 o¢ Committee of Adjustment Meeting Minutes Wednesday, February 29, 2012 Pal M F, 7:00 pm Main Committee Room Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 06/12 by T. FielderN. Marshall, be Deferred until the next meeting to provide an opportunity for the applicant to meet with City Staff to discuss possible amendments to the application. Carried Unanimously 4. P/CA 07/12 - J. & G. McHendry/D. Kelly 1133 Gossamer Drive (Lot 40, 40M-1811) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4113/92 to permit a rear yard depth of 5.5 metres to a proposed second storey sunroom addition and staircase to the existing dwelling, whereas the by-law requires a minimum rear yard depth of 10.0 metres. The applicant requests approval *of this variance in order to obtain a building permit. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Ivars Kulitis, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 07/12 by J. & G. McHendry/D. Kelly, be'Approved on the grounds that the rear yard depth of 5.5 metres 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: 5 00 Committee. of Adjustment Meeting Minutes Wednesday, February 29, 2012 7:00 pm Main Committee Room 1. That this variance apply only to the proposed second storey sunroom addition and staircase, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant satisfy the Toronto and Region Conservation Authority financially and otherwise by May 29, 2012 or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by February 28, 2014 or this decision shall become null and void. Carried Unanimously 5. P/CA 08/12 - Norris Holdings Limited 1705 Wellington Street (Part Lot 16 & 17, Plan 43, Part 6, 40R-18850) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit an existing lot frontage of 15.0 metres, a lot area of 535 square metres, a west side yard width of 1.2 metres, a lot coverage of 36 percent and a rear yard depth of 2.5 metres to permit the conversion of the existing building into a three storey detached dwelling with a second storey rear yard deck, whereas the by-law requires a lot frontage of 22.0 metres, a lot area of 1,390 square metres, a minimum side yard width of 1.8 metres, a maximum lot coverage of 20 percent and a minimum rear yard depth of 9.0 metres. The applicant requests approval of this variance in order to obtain a building permit. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending deferral. Written comments were also received from the City's Development Control Manager expressing no concerns. Written comments received from Steve & Dawna Dearing of 4864 Victoria Street, Ron Gauslin of 4879 Victoria Street, Shelagh & Ken Mulveney of 4951 Old Brock Road, Adam McKay & Nathalie Sabourin of 4959 Old Brock Road and Bernie MacDonald & Nathalie O'Rourke of 4968 Old Brock Road in objection to the application. 6 Citt o¢~ - Committee of Adjustment Meeting Minutes - Wednesday, February 29, 2012 7:00 pm P-1 Main Committee Room Correspondence received from S. & D. Dearing, indicated concerns with the proposed development that the size of the proposed structure on such a small lot, no provisions has been made for the well and septic systems, it sets a dangerous precedent for the Hamlet of Claremont, the intend for the development proposal is for commercial use not residential and current renovations may have been done without permits. S. & D. Dearing also respectfully request the following, an easement of 2.9 metres wide extending from the north/east corner of the subject property for a distance of 13.0 metres, the current grass turf is to be kept on this easement and that no fence shall ever be erected on or within 10.0 metres of this easement. Correspondence received from R. Gauslin indicated concerns with the proposed development that the existing building will not support the proposed 2 storey addition, the lack of space for the well and septic systems, it sets a dangerous precedent for the Hamlet of Claremont and variances requested are major not minor in nature. Correspondence received from S. & K.' Mulveney, indicated concerns with the proposed development will decrease property value, potable water including stress on a shared well, sewage disposal, disbursement of run-off water, if approved the precedent is set for other infill or vacant lots, parking and used as a home based business. Correspondence received from A. McKay & N. Sabourin, indicated concerns with the proposed development that the variances requested are major not minor in nature, it will change the character of the neighbourhood, it will be used for commercial use or as rental property, location of the septic tank/field bed, the shared well and loss of privacy for all surrounding neighbours. A. McKay also provided a history of the property and surrounding area. Correspondence received from B. MacDonald & N. O'Rourke, indicated concerns with the proposed development that the variances requested are major not minor in nature, multi-residential and industrial facilities are out of place in the hamlet, septic tank issues, too small to adequately hold or dispose of waste without negatively impacting the neighbouring lots and loss of privacy. Todd Norris, owner, was present to represent the application. S. Mulveney of 4951 Old Brock Road, A. McKay of 4959 Old Brock Road and D. Dearing of 4864 Victoria Street were present in objection to the application and spoke to the comments received on file. 7 Citq oo Committee of Adjustment Meeting Minutes Wednesday, February 29, 2012 PI%C__JTN=__URNG 7:00 pm Main Committee Room Todd Norris indicated the original intent of the property was for a commercial business and now the proposal is for residential with a home based business office, the proposal would increase property value, that any structural changes will require structural engineers involvement in order to comply with regulations/code, and that he understands residents' concerns. Moved by Eric Newton Seconded by Bill Utton That application P/CA 08/12 by Norris Holdings Limited, be Tabled until all technical and other matters necessary to enable a full evaluation of the application has been explored and addressed. Carried Unanimously 6. P/CA 09/12 - R. Koeder 661 Pleasant Street (Part Lot 1, Block D, Plan 65) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit an existing lot frontage of 12.1 metres, an existing lot area of 370 square metres, an existing north side yard width of 0.6 metres and a flankage side yard width of 3.0 metres to a proposed dwelling addition, an accessory building setback of 0.6 metres to a proposed detached garage and a lot coverage of 34 percent, whereas the by-law requires a minimum lot frontage of 15.0 metres, lot area of 460 square metres, side yard width of 1.5 metres and a flankage side yard width of 4.5 metres, accessory building setback of 1.0 metres and a maximum lot coverage of 33 percent. The applicant requests approval of these variances in order to obtain zoning compliance and a building permit for the proposed detached garage and dwelling addition. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. George Avramopoulos, agent, was present to represent the application. John Milroy of 616 Annland Street was present in objection to the application. 8 Cctq o0 Committee of Adjustment Meeting Minutes . Wednesday, February 29, 2012 PI%(._I_`f =11.1URING 7:00 pm Main Committee Room George Avramopoulos indicated the proposed addition will add character to the neighbourhood and that if the existing house is rebuilt in accordance to the by-law, the house will likely obstruct the neighbours view of Frenchman's Bay. John Milroy expressed concerns that the view of Frenchman's Bay will be obstructed by the proposed addition and a decrease in property value. John Milroy also questioned the address of the subject property. Moved by Shirley Van Steen Seconded by Tom Copeland That application P/CA 09/12 by R. Koeder, be Approved on the grounds that the existing lot frontage of 12.1 metres, existing lot area of 370 square metres, existing side yard width of 0.6 metres, proposed flankage side yard width of 3.0 metres, proposed accessory building setback of 0.6 metres and proposed lot coverage of 34 percent to be 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 proposed dwelling addition and detached garage, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant satisfy the Region of Durham financially and otherwise for the relocation of the fire hydrant, if required for the enlargement of the existing driveway. 3. That the applicant obtain a building permit for the proposed construction by February 28, 2014, or this decision shall become null and void. Motion Lost Vote Tom Copeland in favour David Johnson opposed Eric Newton opposed Bill Utton opposed Shirley Van Steen in favour David Johnson, Chair, requested a further motion so the Committee could consider the application. 9 oo _ Committee of Adjustment .141 jLJL- Meeting Minutes Wednesday, February 29, 2012 13 7:00 pm Main Committee Room No motion was presented. The application remains with the Committee as no decision on the application has been approved. (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 2nd meeting of 2012 the Committee of Adjustment be adjourned at 8:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 21, 2012. - i Carried Unanimously fy\ (-\"-I 2 1 , 2 f 2___ Date Che.ir,- - Assistant Secretary-Treasurer 10