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HomeMy WebLinkAboutJuly 3, 2002 MINUTES of the 9th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, July 3, 2002. PRESENT: Mr. K. Ashe (Chairperson) Ms. M. Billinger Mr. C. Young Mr. E. Newton ALSO PRESENT: Mrs. L. Taylor, Manager, Development Review Mrs. F. Niro, Secretary-Treasurer ABSENT: Mr. T. Mohr The meeting convened at 7:00 p.m. in the Main Committee Room of the Civic Complex. 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 2. ADOPTION OF MINUTES MOTION: Moved by Mr. Young, seconded by Mr. Newton, and carried unanimously- That the minutes of the 8th meeting of the Committee of Adjustment held June 12, 2002, be adopted. MOTION CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Mr. Newton, seconded by Mr. Young and carried unanimously - That the agenda for the July 3, 2002 meeting be adopted. MOTION CARRIED 4. PICA 28/02 - 1331302 Ontario Inc. 1535 Pickering Parkway being, Block 3 to 6, Plan 40M-1231 City of Pickering 46 The applicant requests relief from the following provisions of Section 5.21.1(3) of Zoning By-law 3036, as amended, as amended by By-law 1346/81, to permit a total of 68 parking spaces to be provided on the subject property, whereas the by-law requires a minimum of 122 parking spaces on the subject property. The applicant requests approval of this variance in order to obtain site plan approval and building permits for two proposed self-storage warehouse buildings, to be located on the southerly portion of the subject property. Mrs. Taylor outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor, and from the City's Fire Prevention Officer. There was no representation present with respect to the application. The Secretary-Treasurer advised that Mr. Ron Halliday concurred with Staff's recommendation to table the application. MOTION: Moved by Mr. Newton, seconded by Mr. Young and carried unanimously that- this application PICA 28102, by 1331302 Ontario Inc., be TABLED. MOTION CARRIED 5. PICA 29/02 - Raymond Stewart Abrams 5290 Brock Road, North being, Lots 5 to 7, Plan 98 (Hamlet of Claremont) The applicant requests relief from Section 8.2.1 of Zoning By-law 3037, as amended, to permit the following: the continuance of a minimum 6.4 metre front yard depth provided to the existing front porch attached to the existing dwelling, whereas the by-law requires a minimum front yard depth of 9 metres; the continuance of a minimum 2.0 metre rear yard depth provided to the existing dwelling, whereas the by-law requires a minimum rear yard depth of 9 metres. The applicant requests approval of these variances in order to maintain the reduced front yard and rear yard setbacks provided by the existing dwelling on the subject property. Mrs. Taylor outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor, and from the City's Fire Prevention Officer. Mr. Murray Stroud, agent was present to represent the application. Also present was Mr. Cory Hickman of 5265 - 5269 Old Brock Road, in favour of the application. DECISION: Moved by Mr. Young, seconded by Mr. Newton and carried unanimously that- this application PICA 29/02, by Raymond Stewart Abrams be APPROVED on the grounds that the proposed minimum 6.4 metre front yard depth, and proposed continuance of a minimum 2.0 metre rear yard depth 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 Zoning By-law. MO1'ION CARRIED 47 6. PICA 30/02 & PICA 36/02 - M. Derocchis 1410 & 1412 Rougemount Drive being, Part Lot 18, Plan 228 (40R-21063, Parts 3 and 4) City of Pickering The applicant requests relief from Section 10.3.6(iii) of Zoning By-law 3036, as amended by By-law 2912/88, to permit the establishment of an attached two-car garage to project a maximum of 3 metres beyond the front wall of the proposed dwelling on the subject property, whereas the by-law requires no part of any attached garage to extend more than 2 metres beyond the front wall of the dwelling to which it is attached. The applicant requests approval of this variance in order to obtain a building permit for a proposed two-storey dwelling, with attached garage, on the subject property. Mrs. Taylor outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor, and from the City's Fire Prevention Officer. Mr. Antonino Picciolo, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Picciolo submitted photographs of similar homes on Rougemount Drive with a considerable greater garage projection than his proposal. He informed the members, and provided copies of the Committee's decisions, of two previous minor variance applications that were approved by the Committee with a greater garage projection than the 3 metres that he is proposing. Mrs. Taylor stated that the intent of the by-law is to ensure a certain style of development is established on Rougemount Drive, and that the applicant's proposal would be incompatible with the surrounding neighbourhood. Ms. Billinger and Mr. Young both agreed that the applicant's proposal is considerably smaller than previous applications that were approved on Rougemont Drive. DECISION: Moved by Mr. Young, seconded by Mr. Newton and carried unanimously that- these applications PICA 30/02 & PICA 36/02, by M. Derocchis be APPROVED on the grounds that with the information provided before them, that the variance would appear to be minor in comparison to construction as it currently exists, and that the proposed 3.0 metre garage projection is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Zoning By-law, subject to the following condition: 1. That the applicant obtain building permits and construct the proposed dwellings within two years of the date of this decision, or this decision shall become null and void. MOTION CARRIED 7. PICA 31/02 - D. Froggatt 1898 Fairport Road being, Lot 1, Plan 40M-1987 City of Pickering 48 The applicant requests relief from Section 5(1 )(b ) (vii) of Zoning By-law 3036, as amended by By-law 5575/99, to permit the continuance of a minimum 3.9 metre rear yard depth provided to the existing deck attached to the dwelling on the subject property, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to maintain the reduced rear yard depth provided by the existing deck on the subject property. Mrs. Taylor outlined comments received from the City of Pickering Planning & Development Department. Written comments' were also received from the City's Development Control Supervisor, and from the City's Fire Prevention Officer. Mr. Froggatt was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Froggatt advised the Committee that the northerly-abutting property does not have any fencing and questioned the need for fencing due to the property backing onto a stream and the large trees screening the rear of the property. Ms. Taylor stated that the northern property was not part of the original draft plan of subdivision, therefore no fencing was required. The registered subdivision agreement between the Developer and the City requires a fence be erected on the subject property. Mrs. Taylor stated that Planning Staff are willing to work with the applicant and the Developer to resolve the outstanding fence issue and potentially amend the agreement. DECISION: Moved by Ms. Billinger, seconded by Mr. Young and carried unanimously that- this application PICA 31/02, by D. Froggatt be APPROVED on the grounds that the proposed minimum 3.9 metre rear yard depth 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: 1. That this variance apply only to the existing deck as generally sited and outlined on the applicant's submitted plans with this application. 2. That all fencing required by the registered subdivision agreement that abuts the subject property be erected within six (6) months of the date of this decision or the decision shall become null and void. MOTION CARRIED 8. PICA 32/02 - 974672 Ontario Ltd. (Southwest corner of Altona Road & Pine Grove Avenue) being, Part Block 69, Plan 40M-1700 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4366/93: Section 5(2)(b )B(i) to permit the establishment of a minimum 5.1 metre building height to be provided by buildings in Zone 1 (north section) on the subject property, whereas the by-law requires that the minimum building height shall be 12 metres, and the maximum building height shall be 18 metres. 49 Section 5(2)(b )B(ii) to permit the establishment of a minimum 8.0 metre building height to be provided by buildings in Zone 2 (south section) on the subject property, whereas the by-law requires that the minimum building height shall be 9 metres, and the maximum building height shall be 18 metres. The applicant requests approval of these variances in order to obtain site plan approval and building permits to develop lands supporting 12 condominium townhouse units and a commercial building. Mrs. Taylor outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor, and from the City's Fire Prevention Officer. Mr. Laslo Dorra was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously that- this application PICA 32/02, by 974672 Ontario Ltd. be APPROVED on the grounds that the proposed establishment of a minimum 5.1 metre building height in Zone 1 and establishment of a minimum 8.0 metre building height in Zone 2 of the subject lands 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 buildings as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain site plan approval and building permits and construct the proposed buildings within two years of the date of this decision, or this decision shall become null and void. MOTION CARRIED 9. PICA 33/02 -M. & L. Lucifora 724 Balaton Avenue being, Lot 901, Plan M-12 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 2520, as amended: Section 7.2.3 to permit the establishment of a minimum 0.7 of a metre east side yard width to be provided by the proposed carport addition, and maintain the existing 1.2 metre west side yard width on the subject property, whereas the by-law requires a minimum side yard setback of 1.5 metres on one side and 2.4 metres on the other side; Section 7.2.6 to permit the establishment of a maximum lot coverage of 34% to be provided by the existing dwelling and proposed carport addition on the subject property, whereas the by-law permits a maximum lot coverage of 33%. The applicants request approval of these variances in order to obtain a building permit for a proposed carport addition and to recognize the reduced west side yard width provided by the existing dwelling. 50 Mrs. Taylor outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor, and from the City's Fire Prevention Officer. Mrs. Marie Lucifora, owner, was present to represent the application. representation was present in favour of or in objection to the application. No further DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously that- this application PICA 33/02, by M. & L. Lucifora be APPROVED on the grounds that the proposed establishment of a minimum 0.7 of a metre east side yard width to be provided by the proposed carport addition, proposed continuance of a minimum 1.2 metre west side yard width provided by the existing dwelling, and maximum lot coverage of 34% are minor variances which 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 carport addition as generally sited and outlined on the applicant's plans submitted with this application. 2. That the applicant obtain a building permit, and construct, the proposed carport addition within two years of the date of this decision, or the approval of this variance shall become nùll and void. 3. That the applicant maintain a minimum of 60% openings of all sides of the carport at all times, and if the percent of openings becomes less than 60%, this variance shall become null and void. MOTION CARRIED 10. PICA 34/02 - Fred Campitelli, Trustee (East side of Valley Farm Road, north of Pickering Parkway) being, Part Lot 20, Concession 1 (40R-19954, Parts 2, 4) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 5416/98: Section 5(2)(ii)C to permit the establishment of a minimum 10.4 metre building height to be provided by 93 townhouse units on the subject lands, whereas the by-law states that no building, part of a building, or structure shall be erected within the build-to-zone, less than 12 metres in height; Section 2.2.1 to permit the establishment of a minimum 6.0 metre aisle width for two-way traffic, whereas the by-law requires that the minimum perpendicular width of an aisle used to gain access to a parking stall shall be 6.5 metres for two-way traffic. The applicant requests approval of these variances in order to obtain building permits to develop a total of 93 townhouse units on the southern parcel of land. Mrs. Taylor outlined comments received from the City of Pickering Planning & Development Department and from the City's Fire Prevention Officer. 51 .. Miss Leona Savoie, agent was present to represent the application. Also present were Ms. Lynn Rogers, President of D.C.C # 136, and Ms. Elsie Brennan of 1525 Diefenbaker Court, both in favour of the application. DECISION: Moved by Ms. Billinger, seconded by Mr. Young and carried unanimously that- this application PICA 34/02, by Fred Campitelli, Trustee be APPROVED on the grounds that the proposed establishment of a minimum 6.0 metre aisle width for two-way traffic and proposed 10.4 metre building height 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 93 townhouse units, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain building permits and construct the proposed development within two years of the date of this decision, or this decision shall become null and void. 3. That the applicant obtain conceptual site plan approval from the City within one year of the date of this decision, or this decision shall become null and void. MOTION CARRIED 11. PICA 37/02 - Fred Campitelli, Trustee . (East side of Valley Farm Road, north of Pickering Parkway) being, Part Lot 21, Concession 1 (40R-19954, Part 1, 3, Block 11, Plan 40M-1231) City of Pickering APPLICATION WITHDRAWN 12. PICA 35/02 - 334979 Ontario Ltd. 1360 Kingston Road being, Part Block B, Plan M-998 (40R-2526, Part 9, 40R-7595, Parts 1,5) City of Pickering The applicant requests relief from Section 5.(2)(a)(vi)B of Zoning By-law 3036, as amended by By-law 2953/88, as further amended by By-law 158/75, and further varied by PICA 31/01, to permit the establishment of a maximum gross leasable floor area of 730 square metres for all Restaurants Type-A on lands designated "MCA-3", whereas the by-law permits a maximum 590 square metres of gross leasable floor area for all Restaurants Type-A on lands designated "MCA-3". The applicant requests approval of this variance in order to accommodate a new tenant for a new restaurant establishment in the existing commercial plaza. Mrs. Taylor outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor, and from the City's Fire Prevention Officer. 52 Mr. Harry Kichler, agent, was present to represent the application. representation was present in favour of or in objection to the application. No further DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously that- this application PICA 35/02, by 334979 Ontario Ltd. be APPROVED on the grounds that the proposed establishment of a maximum gross leasable floor area of 730 square metres for all Restaurants Type-A on lands designated "MCA-3" 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. MOTION CARRIED 13. ADJOURNMENT MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously that- The 9th meeting of the Committee of Adjustment be adjourned at 7:50 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, July 24, 2002. MOTION CARRIED \)&/d {J~ J<Jd DATE 1}" > . ) r ,¡I"I-.-- / ~ ."" fÄ'- /-~1 ~ - - ~-f T-. - C AIRMAN - . ~~ ~ %c SECRETARY-TREASURER 53