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HomeMy WebLinkAboutMay 5, 1999;�.�. , �Ma� � MINUTE3 of the 6td mecting of t6e Committee ot Adjuatmeot held in tde Commitlee Room otthe Pickering Civic Comple: oo Wedoad�y, M�y 5,1999. � PRESENTo Mr. C. Yaung (Chairpenoo) Mr. K. Aehe Mr. M. Holland (departed 7:45, retumed at 8:45) Mr. R. John�on (departed 8:45) Mr. P. W6ite ALSO PRESENT: Mn J. Cole, AsaGhnt Secrehry-Treasurer Mrs. F. Niro, Secretary•Trasurer (Acting) The maHag convened at 7:00 p.m. in the Mrin Committee Room of the Civic Comple:. 1. MATTERS ARISING FROM THE MINUTF.S There were no matten arL+ing from Ihe minute�. 2. ADOPTION OF MINUTF.S MOTION: Moved by Mr. Holirnd, aeconded by Mr. White and carried unanimoualy - ThAt t6e minufes of the 5t6 meeting of Ihe Committee ot Adjuetment held April 14,1999, bc qdopted. MOTION: Moved by Mr. Hallaad, eeconded by Mr. A�he and carried unanimouely that - P/CA 22/99, by V. Jagdeo & G. Plloa be moved forward to item H3 on the agenda. MOTION CARRIED 3. P/CA 22/99 - V. Jpgdeo & G. Pilon Lot37,Plan 270 aL�o known aa 519 Park Cracent Town ot Pickedng The applicanfa requeat reltef tirom Secdon 10.2.3 of Bylaw 2511, as emended, lo permit the esh6li�hment of e mintmum rear yard dept6 of 1.5 metra to be provlded to w propoacd fwa�torey det�ched reaidenNal dwelling on the eubjcct property, whereaa Ihe zoning by-I�w requirea a mialmum rear yard depih of 7.5 metrea. The rpplicqnb requeet approvpl of thla mfoor varience in order to obtain p bulldfng permif fo caaatruct A fwaatorey detAChed realdentiAl dwelling on Ihe aubJect property, ' 29 The As��hnt 5ecnhry-Trca�urcr outlined commenU nceived trom t6e Town of Pickerlag Pl�aoin� Department �nd t6e Torooto & Region Caaeervation Aut6ority. Mr. V. Jagdeo, owner, w�e preeeot fo npreseat 16e �pp8c�tion. Aleo preeeat �erc Judge D�vid Stoae �ad Cauocillor Brcanner, in euppart of the applicalloa, �e well aa aevenl ot6er arcA rniaenta. Mr. Jagdrn atated that 6e approached The Taronto & Regioo Conaerv�lioa Authority to discuss the east �ide I�ad e:cdAnge io order !o allow a ono-storey dwelUng to be conetructed. DL�cu�ilons took place aad an Agreement with TRCA wae reached ot land� to be eich�nged. TRCA euggeated r meeHng wilh area residenta which cauaed upset oi ihc proposed tmn�acNoa. In the interest of keeping peACe within ihe communify and to aave time and lawyer fcee, Mr. Jagdeo declded to proceed with ht� original requeat to con�truct a hvo-etorey dweiling. Judge Stont outlined reasons as to why he would like to see the minor variance epplication proceed. Althaugh he and the community share the intereat ot ihe Waterfront Trail he believes t6at TRCA wa� ill-founded by the proposed land e:chAnge. He indicated thet t6ere ha� been no oppoaiNoo from neigdbouro in regards to ihe variancc application and suggested ihat lhe Committee con�ider approving the application. Councillor Brenner atated Ihat he i� in aupport of the recommenJetion. He stated that the owner does not wuh to punue the land e:chrnge and the Committee should reepect Ihe appllcants wl�hes. Councillor Brenner atated thAt contrary lo the Planniog Departments recommendatioo, farcing o negotiatian between Ihe opplicant anJ ihe Conservation Aut6ority U nat appropriate. Mr. Young auggeeted Ihwt Cauncillor Brenner'a conccrns regarJing the Planning Departmeat� po�itton ahould be reat�ed by him wlth thc Director of PIAnning. Mr. Holland hopea thot the community will welcomc the applicant �nd his tamily. He feels that TRCA ahould hpve acquired the land and a�keJ the AppBcant if therc is any chance of a IAnd swap with TRCA. Mr. Jagdeu indicated ihat Ihere wlll be no furlher discussions with TRCA with rapcct to a land swap. Mr. Holland stated Ihet in lighl of the comments heard IhLi evening, he is in support ot approving the minor variance applfcatton. Mr. Cole esplained the Plenning Departmen's role in review(ng applicalfons and why the Planning Department con�idero the altemative ot a land exhcange wilh TRCA to be a better opNon from the perspective otoverall To�vn development. Mr. White and Mr. Johnson both sfated thetr support of the minor variance appl(cation. DECISION: Moved by Mr. White, seconded by Mr. A.+he and carried unanimously t6at- t6is application P/CA 22/99, by V. Jagdeo & G. Pilon, as outlined, be APPROVED on the grounds that Ihe propoaed mioimum rear yard depth of (.5 metres to be provided to a propoaed hvo-storey detached rwideoUal dwelltng on the aubjec� property i� minor in nature, deairable for the apNropriafe developments of the land, and in keeping with thc generai fntent and purpo�e otthe Oncial Plen and Zoning By-law. �� 4. P/CA17/99-Anit$Laroson Pprt ot Lot 12, Plen 364 also known aa 509 CI(ffview Roed Tawn otPickering The appllcant requeafe reliet from the following provielona of �y-law 2511, pa emcnded: 30 . . .. . . , . � '1'� SaHon 10.2.1 to permit the condnu�nce ot � minimum lot tront�ge ot 13.7 metre� provided by the e:ieHng properly, w6�eraa the zoning byI�w requfne � miaimum lot front�ge ot 15.0 metre�. • Satlon 10.2.4 �nd Scetioo 10.2.5 to permit ide cootiouruce of a roinimum ground oqd grose Iioor �rea ot 61.3 aqu�re metrea provided by the e:i�tiag dwelling on the property, w6ereu the zoniog by-law requiree a minimum ground and groaa tloor ara of 95 equare metra. The appltant requeaW approval ot iheee vAriance� ia order lo bring the e:i�ting property aod the dwelling lacated oa it into compltance with lhe zoning by-law. T6e A�sWtant Secretary-Tresaurer oullined comments received from the Towa ut Pickering Planniog DepartmeoL Mr. !An Arnold, agent, wr� preaeut lo repreaent Ihe rppl(callon. No further representatioo wra preaeot in tpvour ot or in objection to Ihe Applicatioa. Mr. Amold ststed t6at he felt thet t'�e variance is minor. The or(ginal building wre built in 1928 and he would like to bring fhe �ubj,°ct property inta compliance. DECISION: Moved by Mr. A�he, aeconded by Mr. White and cArricd unanimously that- 161s applicatton P/CA 17/99, AnitA Loro�on, as outllned, be APPROVED on the grounds t6At the propased mioimum lot frontoge of 13.7 metrea, And the propoeed minimum ground pnd gro�� Iloor area ot61.3 roelres provided by t6e est�ting dwelling on the subject praperty ore minor in nature, desirable tor the appropriale development ot Ihe IanJ, and in keeping with t6e geoenl purpoae and inlent ot the O(ticial PIAn and the zoning bylaw, aubject to the fallowing condiHon: 1. That the variance to permil a minimum ground and grosa Iloar area of 61.3 aquare mefrea apply only to the dwelling in e:i�tence on the property on ihe date otthi� deciaion. S. P/CA 20/99 - Met-StAr Holdlag� Ltd. South Port ot Lota 23 & 24, Conce�afon 1 al�o known as 1211 King�ton Road Town otPlckering The applicanb request relief Gom Sectlon 5.(2)(c) of amending By-Iww 1787/84 to By-law 3036 to permit a decrease in minimuro required front yard depth trom 15.0 metres l0 4.0 metres and SecHon 5.(2)(h)(3) to permit an lacrease in me:imum grosa iloor area for reetauront� trom 585 square metres to 673 equare mefres. The applicaob request approval of theae variancea in order to obtein e building permit to coa�truct an 87 aquare mefre patia in front otMud Hen'a Tap and Grill reateurant. Tde Aasl�twnt Secretary-Tre�surer outlined commenta received froii�'the Town ot Plckering Plaaoing Department and Mr. Wealey Bagnell, owner, waa present to repreacnt the appllcAtlon. Al�o preecnt were Mr. Bruce Singleton of 1184 Kingeton Road, Mr. Murcay Morgen ot 1200 Kingston Road, Mr. Derek Antram ot 1735 Walaut Lpne, Mr. Eiob Archcll of 1760 Storrington and Mr. Wade Cruiae of 1743 Walnut Lpne, sll In oppositlon to the appllcoNon. 31 Mr. Bogoell eGted th�t 6e would Iike 16e �pplic�tlan �pproved �o he an proceed wltG tbe conatrucNon of the p�tio. Mr. Singletoo �nd Mr. Morg�n aubmitted � letter IlfNng obJecllone and coacerna, Aloag with a peNtion of nrma ot raident� objecHng to tde appllaNan. They bolh votced concems ot the ao�ie rnd cllentele genented by the re�hunnt and tclt thrt An outdoor potio would only incre�ae the noi�e. Mr. Morgrn raked the Committee why t6ey would even coosider approving t6ts application. ' Mr. Brgnel) atated that 16ere would oot be apeakern on the patto. He would redirect the �peAkero so they would not face t6e patio aod advised t6e memben Ihat the patio door to Ihe patio would be cloaed at 11:00 p.m, every evening. Mr. Amold aaked 1t they wauld not be able to reduce the noise with a noise barrier. Mr. Cruise felt Ihef if ihe appllcant would consider juat lowering t6e volume of the music then reaideob would be able to sleep at night. Mr. Cole atated that the Site Plan Approval is typicAlly done in-house and that there t� a noi�e by-law in place to protect re�idenle. Mr. W6ite etated that the residenta had legitimate concems and fhey should be taken to Ihe Site Plso Advi�ary Comroittee. MOTION: Moved by Mr. Johnson, aeconded by Mr. White and carried that- ihi� rppllcaHon P/CA 20/99, Met-Strr Hoiding� Ltd., as outlined, be APPROVED on the grounds t6at the propoeed reduced front yard depth and incrca�ed gro�� iloor area varlaacea are m(nor tn nefure, deeirable for the approprirte development of the lands, and in keeping with Ihe generai purpo�e and intent ot the Official Plan and Zoning Dy-law, aubject to the following condilion�: 1. T6at these vArlance� Apply only to the e:t�ting restaurant building (with Ihc estating 44.7 aquore metre outdoor paHo attached to the cast sidc of that reatauranf), and proposed 87 �quare metre outJoor patio located a minimum of 4.0 metrea from the front lot line, as generolly outlined an the updated plans submitted with this applicatton. 2. Thot fhe ownen receive final site plan approval tor, and construct, the propoaed outdoor patio within hvo yearo ot ihe Jate at this decision, or ihe approval ot these variances shail become null and vold. 3. That interested reaideats be contacted and con�ultcd with during the Site Plen Approval process. ! ` MOTION TO AMEND: Moved by Mr. A.+hc, aeconded by Mr. White t6at - aa addiHonal condition be impoaed: 4. That realdents, As liated on the submitted petiHon, be nott(ied of any future applicatlona aaaociated with the subject property including thc curccnt vttc plan approval procees. MOTION CARRIED . � �I , 32 i 6. P/CA 21199 - G. �nd A. Fieili Lot S1, Plan 40M-1400 �Iso knowo �a l004 Honeywood Crescent Torvo ot Pickering The �pplicant rcquata relief from Sectlon S.(2)(b)(vli) ot omendtng By-law 1493/82 to Zooing Bylaw 3036, aa amended, to permit a moilmuro lol coverage ot 39.2% fo be provided by tLe eiisting dwelling and proposed porch and cold cellar on the eubject property, wherwe ihe zooing bylaw permit� a maximum lot covenge nf 38% to be provided. T6e applicants request approval of th�i variaace tn order to obtain a building permit lo con�lruct a propo�ed porc6 over a propased cold cellrr, appro:imately 9.0 aquare metrea in aize, to the froni ot fhe eii�tiag dwtlUng on fhe aubject property. The Ass�itant Secretary-Treo�urer outitoed commeats received from the Town of Pickering Plaaoing Departmeat. Mr. G, Ficlli, owner, wa� preaeot to repreaent the application. No fuHher representetion waa present lo fAVOUr of or in objection to t6e spplicaHon. Mr. Ficili atated ihat he would like opproval of th�i varlance ao he may cooetruct 6ta cold cellar. Mr. FiciU aleo �ubmitted a IeHer from Ma. Sally Valente ot 1002 lloneywood Crescent �tating no objection to the application. DECISION: I'lioved by Mr. Ashe, aeconded by Mr. White nnd carried unanimously lhat- fhis applicaHon PlCA 21l99, by G. & A. Ficili, a� outlined, bc APPROVED an ihc grounds thAt the propoaed maiimuro 39.2% lot coverage vAriance ie minor in nwlure, dceirablc far t6e appropriate development of ihe land, and in keeping with thc generel purpaae and intent otthe Ofticial Plan anJ the zoning bylaw, aubject to Ihe following condifions: t. That thi� varience apply anly to a propo�ed cold cellar below a front porch, aot eiceeding 9.0 aqurre metree in size, a� generrlly sited on the applicants plan submitted with Ihi� appl(cafion. 2. That ihe npplicant obtain a building permif, and conslruct, the proposed porch and cold cellar wilhin 2 yearo of Ihe date of thi� declston, or the approval ott6ese variancea shall become nuli and void. 7. P/CA 24/99 - Emi: Ltd. Part Lot 24, Cooccaaioo 1 also knowo a� 1097 Kingaton Rond (lNangiano'e Little Italy) Town of Plckeriog The applicaot requeats relief trom SecHon 5.(1)(e)(v)AII of amending By-law 2641/88 to Zoning By-Iaw 4621l95, and as furthcr varted by P/CA 64/90, to permit a ma:imum grosa leaeable fioor area (GLFA) af 891 equare metres to be provided by e reataurant on thc eubJect lande, wherea� the zoning by-law permita e mo:imum GLFA of 737 aquare metrca to 6e provlded by a re�taurAnt. The applicant requeata epproval of thb variance in order to obtai�l eilc plan approval and permita to canatruct on outdoor petio of approilmately 155 aqueNe metrca on an taland immediatety adjacent to Ihe weat eidc of tha esiafing reataurant. , �; 33 ?. ,:_ .�.; : The AuGtrnt Saretary-Tnaaurer outlioed commeab rcceived trom t6e Town of Pickering Plaoning Dep�rtmeat. Mr. K. Pebua, ageat, wn presenl to repratnt 16e �pplicdion. No furl6er repraentrtlon waa pnaenf ia tavour at ar in objecNon to the �pplicAtlon. Mr. Peteue atpted thet the patio would provide an dtemetive diniag e:perfence tor t6eir patroas. DECISION: Moved by Mr. Holland, aeconded by Mr. Whife and carried unauimoualy that- t6i� appiication P/CA 24/99, Emi: Ltd., as outlined, be APPROVED on the grounda that Ihe propwed ma:imum 892 aquare metre gross leasable tloor area for the restaurant on the subject properfy at variroce i� mioor in nnture, de�inble [nr the appropriate development of the land, ond in keeping wit6lhe geoeral purpoae and intent ot the OfOcial Plan end the zoniug by-law, aubject to the followiog conditions: 1. T6at thG vwrtance appty oniy to a proposed 155 squsre metre outdoor palio a� generally illuetrated on ihe applicants plan aubmitted wfth this appBcatton. 2. That thc Applicant obtain final aite plan approvel, any necessaty permits, and conetruct Ihe proposed patto wilhin 2 yeara ot the date of this deciaion, or the approval of th(� variance ahall become null rnd void. 8. OTHER BUSINF.SS Mr. Cole atated thAt the Director of Plaoning i� aware of all recommendallon� to the Committee, but that he t� re�pon�ible for them and is prepared to defend the recommendaHons if neceseary. "'. With re�pect to minor verlance apptication P/CA 10/99 M1ta Cole advised the Committee of A conditton fo a decision that wa� maJe on March 3, 1999. The conditton atated Ihat the applicaot rttempt to preaerve, where posaible, the exisNng trees and vegetation along ihe aoulh property line, and submit, in wrfling, a rationale far Ihe removal of any treea or vegetatir,;, to accommodate the propoacd addiNon, aa part ot the building permit Applicatioo tor this addiHon. Two trees were removed without written submission. The applicants conaultsd the Town's arbori+t and he approved the removal af the trces. Mr. Cole atafed thet he consulled with the Town'e aolicitar and ahe advised that the spirit and intent was maintained by Ihe applicanb conaulHng wilh the arborl+t. Mr. Campeau etated that hc did apeak wifh a Town Ottictal and aubmitted a Ietter to the Piaoning Depertmeot. Mr. Zorn Ekerherdt stated thal there is stili a problem with vehicle parking on Ihe atreef. Mr. Hopkins telt that the trees ahould aot beea removed before the building permit issucd. Mr. Holland atafed that he 6ae received numerous calls Goln area reaidente and encoura�ed all interceted perHes to resch a mutual eoluNon aftcr lea�iog tonight's meeting. 9. ADJOURNMENT MOTION: Moved by Mr. White, aeconded Ly Mr. Aehc and cArried unanimauely Ihaf- The 6th meeting ot the Comm(ttee of AdJuetment be edjoumed at 9:20 p.m. and the next regulor meeting otthe CommiMee of Adjuatmenf be hcid on Wcdncaday, Mey 26,1999. - 34 ;,7 � i � 7 � 1 � � �,: � "Y � � p j + t x " ��: � � 3 ; �`' ' {�� I`(lu (� � DATE' AN � t� �^ I WfU SECRETARY-TREASURER (AC'fING) � . �; ��« ;,; ,;: » � `� , � , _ � 3 2 " T i! ' j ��t � f � �?'� f '4� j t P'. � , '� {, ,, , '; 35 k.�r 1 . � ... � . �t�i 5 . . .. �;' 1 . 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