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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: 33 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 34 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 35 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. 36 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 38 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: 40 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 1 ~~rwo. SECRETARY-TREASURER 42