HomeMy WebLinkAboutMay 22, 2002
MINUTES of the 7th meeting of the Committee of Adjustment held in the Main Committee
Room of the Pickering Civic Complex on Wednesday, May 22, 2002.
PRESENT:
Mr. C. Young (Acting Chairperson)
Ms. M. Billinger
Mr. T. Mohr
Mr. E. Newton
ALSO PRESENT:
Mr. R. Pym, Assistant Secretary-Treasurer
Mrs. F. Niro, Secretary-Treasurer
ABSENT:
Mr. K. Ashe
The meeting convened at 7:10 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. Newton, seconded by Mr. Mohr, and carried unanimously-
That the minutes of the 6th meeting of the Committee of Adjustment held May 1, 2002, be
adopted, as amended.
MOTION CARRIED
3.
ADOPTION OF AGENDA
MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously-
That the agenda for the May 22, 2002 meeting be adopted.
MOTION CARRIED
4.
PICA 18/02 - Brockington Plaza Inc.
1725 Kingston Road
being, Part Lot 18, Concession 1
(Plan 40R-8871, Part 1, Plan 40R-12634, Parts 3, 4)
City of Pickering
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended by By-law 1895/84 and 4468/94:
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Section 5(2)(a) to permit the establishment of a minimum 7.3 metre front yard depth to be
provided by the proposed drive-thru restaurant, whereas the by-law requires a minimum
front yard depth of 15 metres;
Section 5(2)(c) to permit the establishment of a minimum 7.7 metre flankage side yard
width to be provided by the proposed drive-thru restaurant, whereas the by-law requires a
minimum flankage side yard width of 15 metres;
Section 2.2.1 to permit the continuance of a minimum 3.0 metre aisle width for one-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 3.8 metres for one-way traffic;
Section 5.21.2(d) to permit the establishment of a minimum 2.7 metre setback from
Kingston Road, whereas the by-law states that where a parking area abuts a road
allowance there shall be a 3 metre setback there from;
Section 5(2)g to permit a maximum gross retail and personal service floor area of 7,100
square metres, whereas the by-law permits a maximum gross retail and personal service
floor area of 7,000 square metres.
The applicant requests approval of these variances in order to obtain site plan approval
and a building permit for a proposed drive-thru restaurant, and to recognize an existing
parking situation on the subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and the City's Fire Inspector.
Mr. Schmerler, owner, was present to represent the application. No further representation
was present in favour of or in objection to the application. Mr. Schmerler stated that he
was in favour of Staff's recommendation.
DECISION: Moved by Mr. Mohr, seconded by Mr. Newton and carried unanimously that-
this application PICA 18/02, by Brockington Plaza Inc., be APPROVED on the grounds
that the proposed establishment of a minimum 7.3 metre front yard depth, proposed
establishment of a minimum 7.7 metre flankage side yard width, proposed establishment of
a minimum 2.7 metre setback from Kingston Road, provided by the proposed drive-thru
restaurant, and proposed continuance of a minimum 3.0 metre aisle width, and a gross
retail and personal service floor area of 7,100 square metres for the shopping centre 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 drive-thru restaurant and shopping
centre, as generally sited and outlined on the applicant's submitted plans with this
application.
2. That the minimum 3.0 metre aisle width apply only to the existing one-way traffic
aisle width provided by the existing Tim Horton's restaurant.
3. That the applicant enter into a site plan agreement with the City of Pickering that
includes, amongst other things, the a placement of landscape strip along the eastern
perimeter of the property, next to the new drive-thru restaurant that includes the
planting of coniferous and deciduous trees and coniferous and deciduous shrubs in
planting beds, and further this landscape strip shall not exceed a slope of 3:1.
4. That the applicant obtain site plan approval and building permits, and construct the
proposed drive-thru restaurant within two years of the date of this decision, or this
decision shall become null and void.
MOTION CARRIED
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5.
PICA 19/02 - First Simcha Shopping Centres Ltd.
1899 Brock Road
being, South Part Lot 18, Concession 1
(40R-12591, Part 1, 40R-19801, Part 3,4,5,6,7,8)
City of Pickering
Since the circulation of the notice of the subject application, the applicant has requested a
revision to the application for an additional variance. The applicant requests relief from
the following provisions of Zoning By-law 3036, as amended by By-law 5511/99, and as
further varied by PICA 9/85:
Section 5.(2)(ii)B to permit proposed buildings to be established in a location within
150 metres of the Brock Road right-of-way without a minimum of 75% of the length of the
building's west side wall within the build-to-zone, whereas the by-law states that no
building shall be erected within 150 metres of the Brock Road right-of-way unless a
minimum of 75% of the length of the building's west side wall is within the build-to-zone;
Section 5.(2)(ii)C to permit proposed buildings to be established in a location within
150 metres of a Brock Road right-of-way, and outside of the established build-to-zone
without a minimum 40% of the length of the build-to-zone containing a building(s), and
only 8% of the length of the build-to-zone contains a building, whereas the by-law permits
a building to be erected within 150 metres of the Brock Road right-of-way, and outside of
the build-to-zone, if a minimum 40% of the length of the build-to-zone contains a
building(s) andlor part of a building(s).
Section 5.(2)(iii)(I)(l) to permit the establishment of one retail store having a minimum
floor area of 232 square metres, whereas the by-law requires a minimum floor area for
each retail store of 300 square metres.
The applicant requests approval of these variances in order to obtain site plan approval
and a building permit for proposed buildings on the subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and the City's Fire Inspector.
Ms. Jennifer Macdonell, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application. Ms. Macdonell
stated that she concurred with Staff's recommendation.
DECISION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously that-
this application PICA 19/02, by First Simcha Shopping Centres Ltd., be APPROVED on
the grounds that the proposed establishment of a building within 150 metres of the
Brock Road right-of-way, and outside of the established build-to-zone without a minimum
40% of the length of the build-to-zone containing a building, and only 8% of the length of
the build-to zone contains a building and a minimum floor area for one commercial unit
only of 232 square 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 buildings in a location 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 building
within two years of the date of this decision, or this decision shall become null and
void.
3. That the applicant obtain site plan approval from the City, within two years of the
date of this decision, or this decision shall become null and void.
MOTION CARRIED
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6.
PICA 20/02 - D. Saccoccio & P. Weppler
417 Woodgrange Avenue
being, Part of Lot 61, 62, Plan 283
(40R8927, Part 1)
City of Pickering
Since the circulation of the notice of the subject application, there has been a revision to the
application for an additional variance. The applicants request relief from the following
provisions of Zoning By-law 2511, as amended:
Section 9.2.3 to permit the establishment of a minimum 2.2 metre south side yard width to
be provided by a proposed two-storey addition to the existing dwelling, whereas the by-law
requires a minimum side yard width of 3 metres;
Section 6.6(a) to permit the establishment of a minimum 1.2 metre north flankage side yard
to be provided by a proposed one-storey addition to the existing dwelling, whereas the by-
law requires a minimum flankage side yard of 4.5 metres;
Section 6.6(b) to permit the establishment of a minimum 1.2 metre setback to be provided
by a proposed detached garage on the subject property, whereas the by-law requires a
minimum accessory building setback of 7.5 metres;
Section 9.2.3 to permit a maximum garage height of 4 metres to be provided by a proposed
detached garage on the subject property, whereas the by-law states that no accessory
building shall exceed a height of 3.5 metres in any residential zone;
Section 5.19(a) to permit a proposed detached garage to be located partially in the side
yard and partially in the front yard of the subject property, whereas the by-law requires
that all accessory buildings which are not part of the main building shall be erected in the
rear yard.
Section 5.8(a) to permit an increase to the allowable eaves projection in the north
(flankage) side yard to within 0.3 of a metre of the property line, in the south (interior) side
yard to within 0.5 of a metre of the property line, and in the front yard to allow a 1.2 metre
eaves projection from the face of the building, whereas the by-law requires a maximum
main eaves projection of not more than 0.5 of a metre.
The applicants request approval of these variances in order to obtain building permits for
additions to the existing dwelling, and to permit a detached garage, in the side yard of the
subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and the City's Fire Inspector. Written comments
were also received from the Toronto and Region Conservation Authority, expressing no
objections.
Mrs. Saccoccio, owner, was present to represent the application. Also present was
Mr. David Gilbey of 456 Rougemount Drive, in favour of the application. Mrs. Saccoccio
stated that she concurred with Staff's recommendation. Mr. Gilbey, abutting property
owner to the east, stated that he was in support of the application.
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DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr, and carried unanimously
that-
this application PICA 20/02, by D. Saccoccio & P. Weppler, be APPROVED on the grounds
that the proposed establishment of a minimum 2.2 metre south side yard width to be
provided by a proposed two-storey addition, proposed establishment of a minimum
1.2 metre north flankage side yard to be provided by a proposed one-storey addition,
proposed establishment of a minimum 1.2 metre setback and maximum garage height of
4 metres for a proposed detached garage, to permit the proposed detached garage to be
located partially within the front yard of the subject property, and to permit an increase to
the allowable eaves projection in the north (flankage) side yard to within 0.3 of a metre of
the property line, in the south (interior) side yard to within 0.5 of a metre of the property
line, and in the front yard to allow a 1.2 metre eaves projection from the face of the
building 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 additions to the existing dwelling
and proposed detached garage as generally sited and outlined on the applicants'
submitted plans with this application.
2. That the applicant obtain building permits and construct the proposed additions
and detached garage within two years of the date of this decision, or this decision
shall become null and void.
3. That the applicant apply for a permit pursuant to Ontario Regulation 158 as
required from the Toronto and Region Conservation Authority.
MOTION CARRIED
7.
PICA 21/02 - Benotor Investment Ltd.
Southeast corner of Bayly Street and St. Martins Drive
being, North Part of Lot Y, Plan M-16
(40R-3151, Part 2 to 5, Part 1)
City of Pickering
The applicant requests relief from the following provisions of Zoning By-law 2520, as
amended:
Section 11.2.2 to permit the continuance of a minimum 15.4 metre front yard depth on the
subject property, whereas the by-law requires a minimum 18 metre front yard depth;
Section 5.19(a) to permit garbage enclosures to be located in the front yard and side yard of
the subject property, whereas the by-law requires that all accessory buildings which are
not part of the main building shall be erected in the rear yard.
The applicant requests approval of these variance in order to recognize an existing
non-complying front yard depth, and to permit two accessory structures, being garbage
enclosures, to be located in the front and side yards of the subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and the City's Fire Inspector.
Mr. Richard Liem, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application. Mr. Liem stated
that he was in favour of the application.
Discussion followed regarding the existing site plan agreement and incomplete landscaping.
Mr. Liem outlined reasons for not have completed all required site improvements to date.
37
DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously
that-
this application PICA 21/02, by Benotor Investment Ltd., be APPROVED on the grounds
that the proposed continuance of a minimum 15.4 metre front yard depth, and to permit
garbage enclosures to be located in the front yard and side yard of the subject 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 conditions:
1. That these variances apply only to the proposed continuance of a minimum
15.4 metre front yard depth and the existing garbage enclosures as generally
sited and outlined on the applicants' submitted plans with this application.
2. That the owner complete all required site improvements to the satisfaction of the
Department of Planning & Development as per the Site Plan Agreement between
Benotor Investments Ltd. and the City of Pickering, registered July 14, 1989 as
Instrument No. LT458874, within 18 months of the date of this decision, or this
decision shall become null and void.
MOTION CARRIED
8.
PICA 22/02 - G. & C. Wallisser
1903 Wildflower Drive
being, Lot 33, Plan 40M-1875
City of Pickering
The applicant requests relief from Section 5(2)(b ) (vii) of Zoning By-law 3036, as amended
by By-law 4508/94 to permit a maximum lot coverage of 42 % provided by the existing
dwelling and proposed additions; whereas the by-law permits a maximum lot coverage of
38%.
The applicants request approval of this variance in order to obtain a building permit for
proposed additions to the existing dwelling on the subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and the City's Fire Inspector.
Mr. Wallisser, owner, was present to represent the application. No further representation
was present in favour of or in objection to the application. Mr. Wallisser submitted a letter
of support from neighbours residing at 1895, 1901, 1902, 1904, 1905, and 1906 Wildflower
Drive.
DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously
that-
this application PICA 22/02, by G. & C. Wallisser, be APPROVED on the grounds that the
proposed maximum lot coverage of 42% to be provided by the existing dwelling and
proposed additions 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 proposed porch addition, and rear
addition as generally sited and outlined on the applicants' submitted plans
with this application.
2. That the applicant obtain a building permit and construct the proposed
additions within two years of the date of this decision, or this decision shall
become null and void.
MOTION CARRIED
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9.
PICA 23/02 - L. Cranfield
2405 Concession 6
being, North Part of Lot 11, Concession 5
City of Pickering
The applicant requests relief from Section 7.2.1 of Zoning By-law 3037, as amended to
permit the following:
. proposed continuance of a minimum 14.7 metre lot frontage provided by the
subject property, whereas the by-law requires a minimum lot frontage of
22 metres;
. proposed continuance of a minimum lot area of 920 square metres provided by
the subject property, whereas the by-law requires a minimum lot area of
1390 square metres;
. proposed continuance of a minimum 8.6 metre front yard depth provided by the
existing dwelling on the subject property, whereas the by-law requires a
minimum front yard depth of 9.0 metres;
. proposed continuance of a minimum 0.6 of a metre west side yard width
provided by the existing dwelling and proposed establishment of a minimum
1.8 metre east side yard width to be provided by the proposed one-storey
addition attached to the existing dwelling, whereas the by-law requires minimum
side yard widths of 2.4 metres.
The applicant requests approval of these variances in order to obtain a building permit for
a one-storey addition to the existing dwelling and to recognize existing situations on the
subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and the City's Fire Inspector. Written comments
were also received from the Durham Region Health Department.
Ms. Cranfield, owner, was present to represent the application. No further representation
was present in favour of or in objection to the application. Ms. Cranfield stated that she
was in favour of Staff's recommendation and submitted letters of support from
Joan Moritsugu of 2375 Concession 6, and from Mr. & Mrs. T. Hale of2415 Concession 6.
DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously
that-
this application PICA 23/02, by L. Cranfield, be APPROVED on the grounds that the
proposed establishment of a minimum 1.8 metre east side yard width to be provided by the
proposed one-storey addition, the continuance of a minimum 0.6 of a metre west side yard
width proYided by the existing dwelling, the continuance of a minimum 14.7 metre lot
frontage, the continuance of a minimum lot area of 920 square metres, and the continuance
of a minimum 8.6 metre front yard depth provided by the existing dwelling 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 existing dwelling and proposed one-storey
addition as generally sited and outlined on the applicants' submitted plans with this
application.
2. That the applicant obtain approval for the proposed one-storey addition from the
Ministry of Municipal Affairs and Housing regarding the Minister's
Zoning Order #1 prior to the issuance of a building permit.
3. That the applicant obtain a building permit and construct the proposed addition
within two years of the date of this decision, or this decision shall become null and
void.
MOTION CARRIED
39
10.
PICA 24/02 - Silver Lane Estates Inc.
South side of Treetop Way, east of Calvington Drive
being, Part of Lot 32, Concession 1,
(Block 35, of Draft Plan of Subdivision 18T -96008(R))
City of Pickering
The applicant requests relief from Section 5(5)(b )B(I) of Zoning By-law 3036, as amended
by By-law 4508/94, 5027/97 and 5494/99 to permit the establishment of a minimum 3.4
metre setback from Treetop Way for a proposed townhouse unit, whereas the by-law
requires a minimum 4.5 metre setback from any lot line immediately adjoining a street or
abutting a reserve on the opposite side of which is a street for multiple dwelling horizontal
uses.
The applicant requests approval of this variance in order to obtain a building permit for a
proposed townhouse unit on the subject property.
Mr. Pym advised the Committee of a fax received from the applicant requesting that the
item be tabled until the June 12, 2002 meeting.
MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously that-
this application PICA 24/02, by Silver Lane Estates Inc., be TABLED until the
June 12, 2002 meeting.
MOTION CARRIED
11.
PICA 25/02 - G. Keegan & B. Jolly
1802 Grayabbey Court
being, Lot 21, Plan 40M-1987
City of Pickering
The applicants request relief from Section 5(1 )(b ) (vii) of Zoning By-law 3036, as amended
by By-law 5575/99, as varied by PICA 58/00 to permit the establishment of a minimum
5.1 metre rear yard depth to be provided by a proposed deck addition, with stairs, whereas
the zoning by-law as varied by PICA 58/00 requires a minimum 6.1 metre rear yard depth.
The applicants request approval of this variance in order to obtain a building permit for a
proposed deck addition, with stairs, attached to the rear of the existing dwelling on the
subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and the City's Fire Inspector.
Ms. Keegan, owner, was present to represent the application. No further representation
was present in favour of or in objection to the application. Ms. Keegan stated that she was
in favour of Staff's recommendation.
DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously
that-
this application PICA 25/02, by G. Keegan & B. Jolly, be APPROVED on the grounds that
the proposed establishment of a minimum 5.1 metre rear yard depth to be provided by a
proposed deck addition, with stairs, 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:
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1. That this variance apply only to the proposed deck addition, with stairs, as
generally sited and outlined on the applicants' submitted plans with this application.
2. That the applicant obtain a building permit and construct the proposed deck
addition within two years of the date of this decision, or this decision shall become
null and void.
MOTION CARRIED
12.
PICA 26/02 - M. & F. Chisholm
1758 Fairport Road
being, Part of Lot 18, Plan 820
City of Pickering
The applicants request relief from Section 5.18(c) of Zoning By-law 3036, as amended, to
permit a maximum garage height of 6.2 metres to be provided by the proposed detached
garage, with loft, on the subject property, whereas the by-law states that no accessory
building shall exceed a height of 3.5 metres in any residential zone.
The applicants request approval of this variance in order to obtain a building permit for a
proposed accessory building, being a detached garage with loft, in the rear yard of the
subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department. Written comments were also received from the
City's Fire Inspector, expressing some concerns, and from the Durham Region Health
Department indicating no objections.
Mr. & Mrs. Chisholm, owners, were present to represent the application. No further
representation was present in favour of or in objection to the application. The following
are reasons outlined by Mr. Chisholm for the proposed garage and for the increased
garage height:
. current garage is in poor physical condition;
. the loft will allow for additional storage space due to the lack of full basement in
their present home;
. both owners are avid woodworkers and wish to use the garage for a working area
for their hobbies;
. striving for a "carriage house" look;
. existing porch eliminates the possibility of attaching the garage to the home and the
existing septic system location limits expansion;
. owners wish to preserve the existing Maple tree on the property;
Mr. Chisholm provided photographs and made the Committee aware that the southerly-
abutting neighbours have no objections to the proposed garage height. A letter of support
was submitted by the applicant from Marek & Ewa Latoszewski, of 1754 Fairport Road.
Mr. Mohr believes that the structure would not be obtrusive and indicated his support for
the variance. Mr. Young commended the applicant for his presentation and believes that
there would be substantial vegetation to screen the structure. He indicated support for the
variance.
DECISION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously that-
this application PICA 26/02, by M. & F. Chisholm, be APPROVED on the grounds that the
proposed maximum garage height of 6.2 metres is a variance that is minor in nature,
desirable development for the subject property and surrounding neighbourhood, subject to
the following conditions:
41
1. That this variance apply only to the proposed garage, with loft, as generally sited
and outlined on the applicants' submitted plans with this application.
2. That the applicant obtain a building permit and construct the proposed garage, with
loft, within two years of the date of this decision, or this decision shall become null
and void.
3. That the owner notify future purchasers of the subject property of the by-law
restrictions regarding human habitation within the accessory structure.
MOTION CARRIED
13.
ADJOURNMENT
MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously
that-
The 7th meeting of the Committee of Adjustment be adjourned at 8:45 p.m. and the next
meeting of the Committee of Adjustment be held on Wednesday, June 12, 2002. .
MOTION CARRIED
~Uf\o IJf\);J
DAT
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SECRETARY-TREASURER
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