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HomeMy WebLinkAboutMay 23, 2012 Committee of Adjustment Cal/ 00 _ Meeting Minutes Wednesday, May 23, 2012 P 7:03 pm Main Committee Room RECEIVED Present: CITY Or PICKERING JUN 1 5 2012 Tom Copeland David Johnson — Chair CL 1r ! OFFICE Eric Newton —Vice-Chair Bill Utton Shirley Van Steen Also Present: Mila Yeung, Assistant Secretary-Treasurer Jean Finn, Assistant Secretary-Treasurer David Johnson, Committee Chair acknowledged the presence of Peter Rodrigues, Regional Councillor Ward 3. David Johnson, Committee Chair acknowledged the presence of Doug Dickerson, City Councillor Ward 2. • (I) Adoption of Agenda Moved by Bill Utton . Seconded by Eric Newton That the agenda for the Wednesday, May 23, 2012 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Shirley Van Steen Seconded by Eric Newton That the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, May 2, 2012 be adopted. Carried Unanimously 1 Committee of Adjustment City o1 Meeting Minutes I -�-, Wednesday, May 23, 2012 J 4 [ 7:03 pm Main Committee Room (Ill) Reports 1. (Tabled at the February 29, 2012 meeting) P/CA 08/12 — Norris Holdings Limited 1705 Wellington Street (Part Lot 16 & 17, Plan 43, Part 6, 40R-18850) City of Pickering • Moved by Bill Utton Seconded by Eric Newton That application P/CA 08/12 by Norris Holdings be lifted from the table. Carried Unanimously 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 3 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 these variances in order to obtain a building, permit. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were received from the Region of Durham Health Department indicating no objection to the application and also noted this is not granting authorization for the construction of a private sewage system. Written comments were also received from the City's Chief Building Official indicating the applicant must retain a structural engineer to evaluate the capacity of the existing building structure, a geotechnical investigation and associated bearing capacity is necessary, there is an existing cistern below the existing garage, the plans do not identify any information for Heating, Ventilation and Air Conditioning (HVAC) systems and additional building permit requirements will need to be addressed during the building permit application process. 2 o¢� Committee of Adjustment 4. Meeting Minutes Wednesday, May 23, 2012 A[COal- ! 7:03 pm Main Committee Room Written comments received from Dawna Dearing of 4864 Victoria Street, Shelagh & Ken Mulveney of 4951 Old Brock Road, Bernie MacDonald & Nathalie O'Rourke of 4968 Old Brock Road, Peter Sternberg & Wai-Ching Yip of 4960 Old Brock Road and Adam McKay & Nathalie Sabourin of 4959 Old Brock Road in objection to the application. Correspondence received from D. Dearing indicated concerns with the proposed development being used for HVAC business, the size of the proposed structure on such a small lot, water run-off, the plan not in keeping with the surrounding area, the variances requested are major, and no room for proper septic system. Correspondence received from S. and K. Mulveney, indicated concerns with the proposed development will decrease property values, high water table, availability of potable water and stress on a shared well, sewage disposal, disbursement of run-off water, precedent setting, vehicle parking and the proposed use for a home based business. Written comments were received from Jim Doyle, Claremont and District Community Association in opposition of the application as there are many concerns and will set a bad precedent in the Hamlet of Claremont. Correspondence received from B. MacDonald & N. O'Rourke, indicated concerns with the proposed development that there is insufficient land available to adequately support the proposed expansion of the existing structure, negatively impact on property values, loss of privacy, home based business and the dwelling will affect the septic system and cause sewage issues that will jeopardize the health and safety of neighbours and does not respect the architecture of the community of Claremont. Correspondence received from P. Sternberg & W. Yip indicated concerns with the proposed development being uncharacteristic within the Hamlet of Claremont, insufficient land available to adequately support the proposed expansion of the existing structure, decreased property values, precedent setting, not in keeping with the architecture of the Hamlet of Claremont and the • effects of drainage, sewage and septic issues. Correspondence received from A. McKay & N. Sabourin, indicated concerns with the proposed development that the variances requested are major not minor in nature, the location of the septic tank/field bed, the shared well and loss of privacy for all surrounding neighbours, water run-off, holding tank, the property being used for business use, and that the proposal is not in keeping with the existing neighbourhood. 3 Cluj o0 Committee of Adjustment Meeting Minutes , 1 -�_- Wednesday, May 23, 2012 tSt1It- 7:03 pm Main Committee Room Todd Norris, owner, was present to represent the application. Councilor Peter Rodrigues was present in opposition to the application. D. Dearing of 4864 Victoria Street, S. Mulveney of 4951 Old Brock Road and A. McKay of 4959 Old Brock Road were present in objection to the application and spoke to the comments received on file. Moved by Tom Copeland Seconded by Bill Utton That application P/CA 08/12 by Norris Holdings Limited, be Refused on the grounds that the 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 3 storey detached dwelling with a second storey rear yard deck are major variances that are 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 Unanimously 2. P/CA 18/12 — R. & R. Cariaso 526 Laurier Crescent (Lot 112, Plan 40M-1242) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1289/81 to permit a rear yard depth of 3.3 metres to a proposed grade related covered deck attached to 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. 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 indicating lot drainage may be affected by the construction of the deck; acceptable drainage should be maintained to ensure it does not negatively impact adjacent properties. Written comments were received from Councillor Kevin Ashe in support of the staff recommendation. No representation was present to represent the application. . 4 Ca o¢ Committee of Adjustment Meeting Minutes _:: w4 i -� Ca 00 _u Committee of Adjustment Meeting Minutes ice'+ui Ca 00 Committee of Adjustment Meeting Minutes Wednesday, May 23, 2012 li101111M-C 7:03 pm Main Committee Room 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 expressing no concerns. The drainage whether surface flow or from pipes follows the existing drainage pattern flowing to the drainage swale which ultimately reaches the cross culvert in the road. A grading plan is required as part of the building permit process to ensure additional drainage from the property will not affect neighbouring properties or alter any existing conditions. Written comments were received from John Hickman of 5267 Brock Road expressing his concerns with the application. He stated concerns regarding current and future Water drainage, run-off water, and requested if the application is approved that the property owner of 5271 and 5273 Brock Road remove the drain tiles during excavation and that the owner rehabilitate the property. He also has concern that Brock Road should be corrected to be named Old Brock Road. Christina Colombo, owner, was present to represent the application. John and Cory Hickman of 5267 & 5269 Brock Road and Jennifer Gani of 5273 Brock Road were present in support of the application. Tracy Goodwin of 5290 Brock Road was present and requested clarification on the application. J. Hickman stated as long as the drainage situation and weeping tiles and grading issues are solved he is in support of the application. He stated that Brock Road should be corrected to be named Old Brock Road. C. Hickman noted that he is pleased to see neighbours rehabilitate the property. T. Goodwin questioned the height of the barn, expressed concerns with the loss of green space in the front yard and presented pictures to the Committee. Moved by Bill Utton Seconded by Eric Newton That application P/CA 20/12 by C. & G. Colombo, be Approved on the grounds that the existing lot frontage of 23.6 metres, existing lot area of 0.4 hectare, a front yard depth of 11.6 metres and a north side yard width of 1.8 metres to a proposed detached dwelling, the conversion of an existing barn into a detached garage with a maximum building height of 7.3 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: 7 Cali 00 Committee of Adjustment Meeting Minutes Wednesday, May 23, 2012 Eit4it 7:03 pm Main Committee Room 1. That these variances apply only to the proposed detached dwelling and barn conversion, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a demolition permit for the accessory structure beside the existing barn by May 23, 2013, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction and building conversion by May 23, 2014, or this decision shall become null and void. 4. That the applicant submit a letter requesting that the currently tabled Committee of Adjustment application P/CA 25/10 be closed as it is no longer required by September 26, 2012. 5. That the applicant submit a grading plan satisfactory to the City of Pickering as a part of the Building Permit process. Carried Unanimously 5. P/CA 21/12 — 1700539 Ontario Limited 1101A Kingston Road (Part of Lot 24, Concession 1, Part of Part 4, Part 5, Plan 40R-12678) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6777/07 to permit a proposed commercial building that will have frontage onto an existing private right-of-way that connects to a municipal street, and provides a north building setback of 1.0 metre, a west building setback of 0.5 metres, and an east parking lot setback of 1.7 metres from the limits of the "MU-22" Zone, whereas the by-law requires all buildings or structures on a lot to front onto an opened and maintained public street, a minimum north and west building setback of 3.0 metres from the property line and a minimum at grade parking lot setback of 3.0 metres from the limits of the "MU-22" Zone. The applicant requests approval of these variances in order to obtain Site Plan Approval. • 8 • City o‘g Committee of Adjustment Meeting Minutes Wednesday, May 23, 2012 .............. IEISiiINiUt 7:03 pm Main Committee Room 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. Written comments were received from Christian Hepfer, Emix Ltd., 1004 Eglinton Avenue West, in objection to the application. In his correspondence he stated concerns with private right-of-way, proposed truck traffic encroachment onto his property, siting of the building and the multiple restrictive covenants on title. Councilor Doug Dickerson was present in support of the application. Allan Windrem, agent, was present to represent the application. He indicated that he agrees with Staffs recommendations and that there are no requirements in the By-law for the siting of buildings and the location of landscaped areas. He explained that the owner will provide a landscape buffer at the south property line to ensure that truck traffic does not encroach on the abutting neighbour's property and that all the concerns of the abutting neighbour would be address during the site plan application process. Christian Hepfer was present in objection to the application and he expressed his concerns to the Committee as stated in his correspondence. Allan Windrem showed the proposed site plan to Christian Hepfer and the Committee. Discussions of the site plan details were said to be discussed in the site plan application. Allan Windrem explained that the restrictive covenants on title are between two property owners and should not affect the Committee's decision. In response to the Committee's question of should the application be tabled or deferred to allow the two owners time to resolve their differences, Allan explained that the owner requests a decision from the Committee on the minor variance applications tonight because all of Mr. Hepfer's concerns are unrelated to the minor variance application and will be resolved between the two owners. • Barry Browning, the in house legal counsel for 1700539 Ontario Limited suggested to Christian Hepfer that he should reserve his right to appeal because all issues between the two owners will be resolved or addressed during the site plan application process. 9 Cite/ 00 Committee of Adjustment Meeting Minutes Pt I , 'mg ' Wednesday May 23, 2012 7:03 pm Main Committee Room Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 21/12 by 1700539 Ontario Limited, be Approved on the grounds that the proposed commercial building having frontage onto an existing private right-of-way that connects to a municipal street, a north building setback of 1.0 metre, a west building setback of 0.5 metres, and an east parking lot setback of 1.7 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 apply only to the proposed commercial building and parking lot, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant receive Final Site Plan Approval for the proposed development by May 23, 2014, or this decision shall become null and void. Vote Tom Copeland opposed David Johnson in favour Eric Newton in favour Bill Utton in favour Shirley Van Steen in favour Carried 10, Committee of Adjustment Cat/ 04, _, Meeting Minutes Wednesday, May 23, 2012 7:03 pm Main Committee Room (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 6th meeting of the 2012 Committee of Adjustment be adjourned at 8:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 13, 2012. Carried Unanimously t f: ®t2 Date�- = - Chair Assjant Secretary-Treasurer 11