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HomeMy WebLinkAboutSeptember 5, 2012 Committee of Adjustment City 4 'Meeting Minutes -;� � � ,, .;=::r,T. Wednesday, September 5, 2012 KO 7:00 pm Main Committee Room Present: • Tom Copeland David Johnson — Chair Eric Newton —Vice-Chair Bill Utton • Shirley Van Steen Also Present: Mila Yeung, Assistant Secretary-Treasurer • Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Tom Copeland Seconded by Shirley Van Steen That the agenda for the Wednesday, September 5, 2012 meeting be adopted with an amendment to move application P/CA 29/12 so that it will be the last application heard. Carried Unanimously (II) Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton That the minutes of the 10th meeting of the Committee of Adjustment held Wednesday, August 15, 2012 be adopted as amended. Carried Unanimously • 1 o Committee of Adjustment Meeting Minutes Wednesday, September 5, 2012 ta--11-01 er 7:00 pm Main Committee Room (III) Reports 1. P/CA 50/12 — R. Ramos 2026 Erin Gate Boulevard (Lot 6, 40M-1969) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5493/99 to permit a flankage side yard width of 0.9 metres and a rear yard depth of 0.5 metres to a newly constructed shed, whereas the by-law requires a minimum flankage side yard width of 4.5 metres to an accessory structure and a minimum accessory structure setback of 1.0 metre to all lot lines. The applicant requests approval of these variances in order to obtain zoning compliance for the shed. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal to the rear yard depth to a newly constructed shed. The Planning & Development Department recommended approval for the variances related to the flankage side yard width to a newly constructed shed subject to a condition. Written comments were also received from the City's Development Control Manager indicating that all runoff from storm events must be contained on the applicant's property. Ruel Ramos, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Ruel Ramos noted a letter was submitted with the application that was signed by the owners-of 2024 Eric Gate Blvd. giving their consent to build the shed less than 1.0 metre from the lot line. In response to a question from a Committee Member, Reul Ramos clarified the location of the shed in the rear yard and realized the site plan submitted with the application was incorrect. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 50/12 by R. Ramos, be Deferred until the next meeting to allow the applicant time to resubmit an accurate site plan for the application. Carried Unanimously 2 o0 Committee of Adjustment Meeting Minutes :: Wednesday, September 5, 2012 • ........... .. 7:00 pm "Main Committee Room 2. P/CA 52/12 — L. & R. Gaskin 1107 Windg rove Square (Lot 1, Plan 40M-1706) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law • 3686/91 to permit a rear yard depth of 7.2 metres to a proposed sunroom and deck, and a lot coverage of 41 percent, whereas the by-law requires a rear yard depth of 11.0 metres and a maximum lot coverage of 38 percent. The applicant requests approval of these variances in order to obtain a building permit for the proposed sunroom onto part of the existing deck in the rear yard. 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 that all runoff from storm events must be contained on the applicant's property, and that the applicant has a shed located in a municipal storm sewer easement that should be removed from the easement lands. Pasha Afshar, agent, was 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 52/12 by L. & R. Gaskin, be Approved on the grounds that the rear yard depth of 7.2 metres to a proposed sunroom and deck and a lot coverage of 41 percent 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 sunroom and existing deck, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 5, 2014, or this decision shall become null and void. 3 Committee of Adjustment Citq en, _ Meeting Minutes Wednesday, September 5, 2012 7:00 pm Main Committee Room 3. That the applicant removes the existing shed that is currently sited on the municipal storm sewer easement by December 5, 2012, or this decision shall be null and void. Carried Unanimously 3. (Deferred from July 25, 2012 meeting) P/CA 29/12 - M. & L. Raponi 334 Fiddlers Court (Part of Lot 18, Plan 228, Parts 1 & 2, Plan 40R-15374) City of Pickering The applicant requests relief from Zoning By-law 3036 to recognize a north side yard width and an east rear yard depth of 0.6 metres to an existing shed and to permit a south side yard width and an east rear yard depth of 0.6 metres to a newly constructed shed, whereas the by-law requires a minimum 1.0 metres setback to all lot lines for all accessory structures. The applicant requests approval of this variance in order to obtain zoning compliance. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal to the south side yard width and an east rear yard depth to a newly constructed shed. The Planning & Development Department recommended approval for the variances related to the north side yard width and an east rear yard depth to an existing shed subject to conditions. Written comments were also received from the City's Development Control Manager indicating all drainage from the structure must be contained on the subject property. Correspondence was received from 7 neighbouring residents in opposition to the proposed setback of 0.4 metres to the newly constructed shed. Correspondence was received from 5 neighbouring residents expressing no objection to the construction of a gazebo being within the 1.0 metre minimum setback and stated that the proposed gazebo will improve the visual appeal of the community. Mario Raponi, owner, was present to represent the application. Josiv Stevanovski of 336 Fiddlers Court, Maria Graefe of 1408 Rougemount Drive and Bill Peolis of 333 Fiddlers Court were present in objection to the application. 4 City 00 Committee of Adjustment Meeting Minutes ' Wednesday, September 5, 2012 viscsixitmc 7:00 pm Main Committee Room Josiv Stevanovski provided a history of the property. He also provided pictures for the Committee Members to review of the water runoff onto his property that occurred from the recent rainfall. In response to a question from a Committee Member, Josiv Stevanovski explained the negative impact of this variance application is the drainage and water runoff onto his property and basement. Maria Graefe provided a history of the property. She also indicated at the time a complaint was placed with City in May the shed floor and two walls were already constructed and in June it was completed. The applicant should have been aware of the Zoning By-law requirements and the need to comply before building the shed. In response to a question from a Committee Member, Maria Graefe explained the negative impact of this variance application is the shed has been not built in compliance with the By-law. Bill Peolis indicated the applicant should have known the requirements of the local by-laws before building. He also stated he signed a petition in objection to the setback of the newly constructed shed in the rear yard. Moved by Shirley Van Steen Not Seconded That application P/CA 29/12 by M. & L. Raponi, be Approved on the grounds that the south side yard width and an east rear yard depth of 0.6 metres to a newly constructed shed in the south east corner of the property and the north side yard width and an east rear yard depth of 0.6 metres to an existing shed in the north east corner of the property 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 condition: 1. That these variances apply only to the existing rear yard shed located in the north east corner of the lot and the newly constructed shed located in the south east corner of the lot, as generally sited and outlined on the applicant's submitted plans. 5 City e4 =z. Committee of Adjustment Meeting Minutes Wednesday, September 5, 2012 7:00 pm Main Committee Room Moved by Eric Newton Seconded by Bill Utton That application P/CA 29/12 by M. & L. Raponi, be Refused on the grounds that a south side yard width and an east rear yard depth of 0.6 metres to a newly constructed shed in the south east corner of the property are major variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent of the Zoning By-law. And That application P/CA 29/12 by M. & L. Raponi be Approved on the grounds that a north side yard width and an east rear yard depth of 0.6 metres to an existing shed in the north east corner of the property are minor variances that are desirable for they 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 condition: 1. That these variances apply only to the existing rear yard shed located in the north east corner of the lot, as generally sited and outlined on the applicant's submitted plans. Carried • Vote Tom Copeland in favour David Johnson in favour Eric Newton in favour Bill Utton in favour Shirley Van Steen opposed (IV) Adjournment Moved by Bill Utton Seconded by Shirley Van Steen That the 11th meeting of the 2012 Committee of Adjustment be adjourned at 7:55 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 26, 2012. Carried Unanimously 6 • C� ty,4 Committee of Adjustment Meeting Minutes „La.. l =. Wednesday, September 5, 2012 .................... 4-0Armer 7:00 pm Main Committee Room kVA" . : I � Date 7 1 ~ Chair _..40k ' Assistant Secretary-Treasurer 7