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HomeMy WebLinkAboutNovember 11, 1998=i • �,Nw� � Y MINU1'ES of the ISih meeHog of thc Commiftee ot Adjuatroenf 6eld in the Committee Room otthe Pickering Civic Comple: on Wednesday, November 11,1998. PRBSEN7't Mr. C. Young (Chairperaon) Mr. K. Ashe Mr. M. Holland Mr. R John�on Mr. White ALSOPRESENT: Mr. J. Cole, Assi�fant Secretery-Treasurer Mn. F. Nlro, Secretaty-Trce�urer (Acting) The mceHng convened at 7:05 p.m. in ihc Main Commitfec Room of ihe Civlc Comples. 1. MATTRRS ARISING FROM THF, MINUTF.S Thcre were no matten ari�ing from thc minute�. 2. ADO{`TION OF MINUTES MOTION: Moved by Mr. Hollend , seconded by Mr. Johneon and cerricd unanimoualy - That the minutes ot the 14th meet(ng of Ihe Committee ot Adjustment held October 21, l998, be adopted. 3. ADOPTION OF TF.NTATIVE MEETING SCHF,DULE FOR 1999 MOTION: Moved by Mr. White, scconded by Mr. Iiolland and carried unanimously - That t6e tenfative mceting echedule for 1999 be adopted. (Dejerred jrom Oclober 11,1998 meetln� 4. P/CA 65/98 - M. van der Kuur & S. Nadeau Part of Lot 8, Plen 65, also Part of Lot 23, Range 3, B.F.C. also known a� 690 Front Street Town of Plckering The appl(canta requeat rclicf fram thc following provi�ione ot Zoning Bylaw 2511� es amended: Secfion 10.2.1 to permtt the cantinuance ota mintmum lot frontegc ot 10.3 melrca provided by ido cxisting property, whereaa Ihc zoning bylew requirea a minimum lat frontege of I5.0 metree; 91 SecHon 10.2.3 to permif the eatpbliahmeat ot r mialmum front yArd depfh of 5.4 metrc� to be provided by a propoacd porch, Aad a mintmum froot yard depth ot 6,22 roetrea to be prov(ded to if� propoaed roof, wderea� tde zoning by-law requ(ree r minimum front yard deptd of 7.5 metres; Sectioo 10.2.3 to permit Ihc eatabll�hment of a min(mum north eide yard widlh ot 0.5 ot a metre and a minimum aouth aide yard wldth of 0.9 of a metre to be provided by Ihe propoaed one-and-anahnlf storey dwelling on the �ubject property, w6ereaa the zoning byIAw requires minimum side yard widlha of 1.5 metres where an attached garage exiata on a lot. The applicants request approval ot these variaocea in order to recognize t6c eiisting lot frontage provided by the aubject lot, and to obtetn a buildiag permit to construct a proposed one�nnd-ooe-half atorey detached dwelling on the aubject property. The Assistant Secretary-Treaaurer outl(ned commenis received from the Town ot Pickcring Pianning Department, Toronto & Regton Conservatioa Authority and ihe Public Works DepaNment. No one wes present to reprwent Ihe application. The AcHng Secrefary-Trensurcr fnformed ihe Commlttec that a letter wea received tram Mr. Sim Po�en, agent, asking thet ihe minor variance applicatton be deferred to the nezt meeting. Mr. Posen ha� bcen in contact with the Toronto & Region ConservaHon Authority and hopes to 6avc comments from Ihe Authority by ihe neYt meeting. MOT[ON: Moved by Mr. Ilolland, secanded by Mr. Johneon and carried unanimousiy ihat- this application P/CA 65/98, by M. vAn der Kuur & S. Nadeau, be DEFERRED for consideratfon to the next Commiltee of AJjuatment mcet(ng bc(ng Wedneaday, December 2,1998, pend(og ihe receipt and revicw af detailed comments from the Toronto and Region Conaervallon Aulhority. MOTION CARRIED (Dejerred jrom Jhe Ocfober 2/,/998 meefin� P/CA 72/98 - M. & M. Moleic-Holach; E. Aminian Lot 40, Plan 492 also known as 1889 Clendale Drive Town of Plckering The applicanis requeat reliet from t6e tollowtng provisions of By-law 3036, as amended, and varied by P/CA 18/86: Scction 9.2.3. to permit the continuance ot a miniroum front yard depih of 7.0 metres provided by Ihe eilsling dwelling on t6e aubject property, whereas ihe Zaoing By-law, as previoualy varied, requtree a minimum Gont yard depth ot7.34 mclres; Section 9.2.3. to permit the conHnuance of e minimum soulh atde yard wldth of 1.6 metres provided ny an attached garoge to the exf�fing dwell(ng on thc aubjcct property, whereas Ihe Zaoing Bylaw requtrca a mintmum aouth aidc yard width of 1,8 metres; 92 Section S.IB(b) to permit t6e conHauonce ot r minlmum acceaeory afructure aetback of 0.0 of w metre trom the noH6 property line pnd 0.1 of p metre from i6e caet property Ilne, provided by pn eiutlog fnme �hed oo the eubject property, whereAe !he Zoning Dylaw requ(rea all qccesaory atructure� greoler Ihon 10 aquore metres ia aize and/or greofer than 1.8 metrea in height to be located a minimum ot 1.0 metre trom all lot line�. T6e rppl(caata requat approval o[ ihese variaoces in order to bring t6e e:i�ting dwelling wit6 attached garage, and e:i�Nog metal e6ed, into coropllance with t6e provi�iona of Ihe Zoning Hy-law. The Asei�tant Secretary-Treasurer outlined comment� received from the Town of Ptckering Planatng Department. Mr. Jamea Andreo(t, agent, was preaent to represent ihe appifcation. Also present was Ma. M. MoleirHolac6 in tavour ot the applicaHan. Mr. Andreoff edvised the member� t6at the ahed has becn in e:istence for appra:imalcly 15 yean. That an up to date survey reveeled noo-compliance. Mr. Ashe asked whether or not t6e e:isfing frame ahed could bc easily moved to anothcr locatlon. Mr. Cole stated t6at t6e frame shed ia not ou a concrete foundation and ihat nccess around ihe shed is required for mainlenance purposes. Mr. Andreotf slated that the a6ed cannot be ea�ily relocatcd. He can access ane siJe of ihe s6ed should he necd to. Mr. Holland asked it therc hnvc been any comments trom abutting neighbouro regarding the locatton of the ahed. M1ta. M1iolaie stated that she has not hod any di�cuaaion� with abutNng neighbouro. Mr. Holland commeated on the difiiculty in mov(ng thc ahed atruclure. Duc la the fuct ihat the ahed 6as been in ciistence for 15 ycaro and ihAt thcre have becn no negativc comments from abutting ncighboure, he i� in support of Ihc minor variance. DECISION: Moved by Mr. Holland, seconded by Mr. John�on and carried unanimously that- 16i� applicaHon P/CA 72/98, by M. & M. Molatc-Efolach, E. Aminian, as outlined, bc APPROVED on the grounds that the 7.0 mefre minimum front yard depth, 1.6 metrc minimum south side yard width and 0.0 of a metre nortd actback and 0.1 af a metrc east sclback providcd by the e:3sting frame shed on Ihe subject property are minor in nature, desirable for ihe appropriate development ot ihe Iand, and in keeping with ihe gcncral intent and purpose af the O(ticial Plan and the Zoning By-law, aubject to the following condilton: 1. That ihese vartances apply only to ihe eiisting dwelllog with altached garagc and eii�ting Game ehed in eitstence on the subject property on fhe dete of Ihis deci�ion. 6. P/CA 75/98 - Mary-Skeots Developments Part of Lat 26, Plan 492 Aiso known ae 1848 Liverpool Road Town of Pickering SecHon 5.(1)(a) of Bylew 2175/86 to Zoning Dy-la�v 3036 autlinca Ihc Itst of usra permilted to operate on the aubJect property. They are bu�locaa ottices, Jry cleaning depots, financial inatitutione, peraonal aervice ahop�, proteealonal oftices, reatwuranls - type D and D, and retail etorea. T6e applicant requeate approval ottlds variance In order to allow a proposcd 137 equsre metre dey carc tacility lo operate on the eubJcct property. 93 T6e A�al+tant SecretAry-Treraurer outlined commenta received trom the Town of Pickering Plrnaing DepArtment. Mr. Jim Skenttoa, agent, wae preaent ta represent the appllcallon. Al�o present wa� Mn H. GolJsmit6, in fqvour ot the appllcaHon And Mr. Peter Panayotou of Glendale Drive Io objecNon to t6e pppticofioa. Mr. Skenizos stated fhet lhe subJect property �i a good Iocallon for the daycare facility. Vacant Innd t� situated to ihe noHh of the proposed daycare. Mr. Galdsmith, operator of tde propoaed daycare fecility, stated that there is a necd for daycare in the Pickering area. T6e building is a suitable locatlon for the daycare wilh easy access to Highway 401. T6e daycare is proposed to be located in e unit at the ooNh enJ of the e:iating commerctal plaza and will oot intertere wilh e:isHag teoant� in ihe plaza. The facilily will employ 6 full fime people. Mr. Paoayotou asked if the daycare required a playgraund. Hc eipressed conccm of thc poasible noise associated with a playground area. Mr. Goldsmith replicd that thc playground is propa�ed to be buill on the oorth end of the building ncar a vacant lot. Mr. Ashe a�ked Mr. Goldsmilh tor the number of chilJren ihal wauld be occupying thc facility and Ihc houro of operation. Mr. Goldsmith replicd that thc fncility wauld accoromodate 34 children all undcr lhc egc of 5 yearo anJ Ihe houro of operation rvoulJ bc 7 a.m. to 6 p.m. Mr. As6e askeJ Mr. Colc if parking, tramc and safcty issues would be dealt with Juring the site plan revicw. Mr. Cole advi�ed thnt thc Town has not reccived, to date, an outlinc of the nature of the propoacd day care facility, thcrefore, Ihc Plenning Dcpartment has nol had the opportunity to revlew and addreas issucs auch as ira(fic ilow, proper autdoor recrealional area, acreening nnd noi�e. T6c con�ideration of permitling a"ncw" use on ihe subject property is considercd maJor in naturc and �hould be done through a zoning by-law amcndmcnt applicalion. SdaulJ the Commitice approve ihis applicalian Mr. Colc recommended that e conditlon be impoaed thot the applicanl reccive Sitc Plan Approvul before this variance comes into e(tect. Mr. Holland indicated Ihat ihie is not thc correct torum to consider fhe new use. Ile fccis that adding a new uae fa major in nature and ihat a rezoning npplication which would provide adequate publlc uotificatlon would be morc appropriate. Mr. White concurred with Mr, fiolland� commcnty that thts i� nat the appropriatc forum. He asked for clarification on the �ize ot the daycare facility. Mr. Skentzos confirmcd ihat the facility would be appro:imately 137 aquare metrea in �ize. Mr. White etated that ihis is a unique circumstance and that ihere wauld be an impact on property adjacent to the building. Mr. Goldsmith indicalcJ thet he has received comments and approval from the Minisfry of Cammunity & Saciel Service� aod the Board of Heallh. Mr. W6ite atated fhat thc comments Gom Social Services and ihc Board ot Heallh woulJ of been valuublc intormation for Ihe Commillcc when rendering t6eir decision. Mr. Paneyotou afated that the proper route would ellow rcaidents oulside thc 60 metre radiva an opportunity to revicw and comment. Mr. Cole adviaed thet a rezontng appllcation notities res(denle wilhin a 120 metre radiva rather than ihe 60 metrc radtus permitted by the minor varience appl(catton. Mr. Johnaoo stated that it ia nll a matter ot intcrprctaflon and thAt he fccls that Ihc applicaHon ia minor in nafure. Itthla would be brought before Town Council aa a rezoning application he would be in aupporf of it, thercfore he would be In aupport of it ae a membcr on the Commiftee. 94 DECISION: Moved by Mr. Johoaon, �econded by Mr. Aa6e aod cprried Ihat- t6i� oppiicatioo P/CA 75/98, by Mpry-Skenta Developmente, aa outl(ned, be APPROVED on the grounds that the propoaed variAnce to allow a 137 aquare metre day care facil(ty to operrte on the aubjecf landa ie miuor in nature, deainble for the appropriete development and use of the land and buildings, pnd in keeptog with 16e genenl pu.+poae end intent of t6e Zoning By-Ipw aubject to the following cond(Non: 1. That Site Plan oo the aubject properfy be revL�ed to accommodate thi� type of use before t6i� minor variaoce comes into effecf. 7. P/CA 76/98 - D. & M. Ciccoto�to Lot 1, Plan 40M-1923 AWo known Ae 335 Gnnby Court Towo of Plckering T6e applicaots request reliet from SecNon 5.(1)(b)(vi) of amend(ng Byluw 4936/97 tn Zoniog By-law 3036, as emended, to permit the estabiu6ment of a minimum rcar yard depth of 8.0 metres to be provided to a porNon of a praposed iwo-storcy detachcd resideotiel dwelling on Ihc aubject property, wherca� the zontnq by-law requires a miniroum rear yard depth of 10,0 mefres. The applicanl� rcqueat approvol of Ihis veriancc in order to obtein a building permit to construct a specific hvo-storey detached reeidenlfal dwclUng an the aubjcct properly. The Aa�istant Secretary-Treaaurcr outlined commenta reccived from ihe ToN•n ot Pfckering Planniog Deperlmcnt And the Toronto & Regfon Conservotion Authorlty. Mr. Ciccotoato & Mro. Ciccotosto, ownero, wcrc present to represent ihe application. No furlher repreaentation wn� preaent ia favour of or in objection to thc upplication. Mr. Clccotoato stated t6at the lot is an irregular ehapeJ lot. Ne outlined rea�ons as tn why 6e cannot nccomodate fhe gnnge on ihe north atdc of the dwelling. Mr. Johnson atated that since the Toronto & Region Conservation Aulhority comments are favourable he i� in support of the applicaHon. DECISION: Moved by Mr. Johnsoo, seconded by Mr. Ashe and carricd unenimously ihat- this applicatlon P/CA 76/98, by� D. & M. C(ccotoato, as ouflined, be APPROVED on ihc grounde that the proposed 8.0 metre rear yard dept6 varisnce i� minor lo nature, dcairablc for t6e appropriate development of fhe land, and in keeping with the general intcnt and purpose of the O�cial Plan and the Zoning By-law, the following condiNona ot approval ahould be impo�ed: 1. That fhis variance apply only fo ihe prapoacd 8.0 metre rcar yard depth provided at the eouth-caat comer of thc proposed reatdential dwclling as generelly outlined on t6e applicanla' aubmitied plane with this applicatton. 2. T6at the applicant obta(n a building permtt and conatruct thc proposed raidenHal d�relitng wilhin two ycaro ot the date of thi� dcci�lon, or this decielon ahell becom2 null and void. 95 8. P/CA 77/98 - M. & S. Provlt NoN6 Part of Lot 19, Conceaalon 8 ol�o known aa 4980 Old Brock Road (Hamlet ot Clrremont) Towo ot Pickering SecHon R.2.1 ot By-law 3037, ae ameoded, requiree the following: To permit ihe continuance ot an eii�ting lat area ot 683 aquare metres and an e:isting lot frontage ot 17.0 metrea, whereas tde zoning bylaw requires a minimum lot arca of 1390 aquare metres and a minimum lot trontage of 22 metrea; To permit t6e continuauce ot an e:isting tront yard depth of 7.5 metres measured to an esistfng covered porch at t6e froot of t6e main dwell(ng, whereas the zoning by-lew rcquirea a minimum troot yard depih of 9.0 metres; To permit the esteblishment of a minimum 1.5 melre soufh �ide yard width provided by a proposed attached garagc, wherea� the zoning bylaw requires a minimum side yard wiJth of 1.8 metrea. The applicanta requeat approval of these verinncea in order to bring thc existing lot arca, lot frontage, and front yard dcplh provided to an e:istiug tront covered porch into compltence w(th the zoning by-law, and to ollow a building permit to be issued for a garagc additian to the e:isting dwclling. The A�sGtant Secretary-Treasurer outlined comments rcccivcd from the Town of Pickering Pianning Department and the Durham Rcgton 1lcalth Deparimcnt. Mr. Eric Winterote(n, agent, was preacnt to rcprcacnt thc appllcatton. No furtlicr repreeentation wae present in favour of or in objectfon to Ihe applicaHon. Mr. Winterotein atated ihat, to date, he has not aubmifted for a 6uilding perm(t. Thc reduced side yard width i� required to accommodafe u breezc-woy, storagc for lawn and winter equtpment, nnd tn allow adequate room lo �cces� n car door. The abutHng neighbour'e home is approiimately 40 to 50 feet away from lhe �ubject property. Mr. Cole stafed idat if the Committce wcrc to approvc ihc upplication it is nat of a significant megnitude that the Planning Department wauld rernmmend an appeai. DECISION: Moved by Mr. Johnsoo, seconded by Mr. Wh(te aod carricd unanimously that- tht� applfcafton P/CA 77/98, by M. & S. Provls, as outl(ned, be APPROVED on the grounds Ihat ihe proposed 683 aquare mefre lot area, 17.0 metre lot frontage, 7.5 metre Gont yard depth end 1.5 metre aouth aide yard width variances are minnr in naturc, desirablc tor thc appropriAte development of the Innd, and in kceping wlth the general purposc and intent of the O(ticial Plan and the zoning by-law, aubject to lhe following condilion: 1. That the 7.5 metre front yard depth vartance apply ooly to the front covcrcd porch in e:istence on the subject property on ihe date of th�i decG�ion, and as identified on the plans circulated wilh this appllcallon. 96 � 9. OTHER HUSINESg Mr. Cole outlined detolls ot Ide wmeodment In tdc Plaoniog Act th�t requira r �(gn to be posfed on f6e aubJect property advbing raldente ot t6e minor varl�ace. Mr, Cole advGed the Committee t6at fhe Plannins Depwrtment will be prepoNng a report and will 6ave It available tor the December 22,1998 meeting. 10. ADJOURNMENT MOTION: Moved by Mr. Aade, aecanded by Mr. Ho11anJ and cprrled unanimouely that- Tde ISth mceting of the Committee of Adjustmeot be Adjourued at 8;20 p.m, and t6e dest regulAr mecttng ottt�u Committee of Adjuatment be held on Wedneeday, December 2,1998. �c.�.�l<« DATE ����,, � . SECRETARY-TREASURER(ACTING) �/ /, ;� ,�_ _;fi . , . , 97