HomeMy WebLinkAboutMay 1, 2002
MINUTES of the 6th meeting of the Committee. of Adjustment held in the Council
Chambers of the Pickering Civic Complex on Wednesday, May 1, 2002.
PRESENT:
Mr. K. Ashe (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. C. Young
The meeting convened at 7:00 p.m. in the Council Chambers 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. Mohr, seconded by Ms. Billinger and carried unanimously-
That the minutes of the 5th meeting of the Committee of Adjustment held April 10, 2002,
be adopted.
MOTION CARRIED
3.
ADOPTION OF AGENDA
MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously-
That the agenda of the 6th meeting of the Committee of Adjustment held May 1, 2002, be
adopted.
MOTION CARRIED
4.
(Deferred from April 1 0, 2002 meeting)
PICA 13/02 - A. & R. Roesner
1647 Autumn Crescent
being, Part Lot 60, Plan 40M-1810
(Part 2, Plan 40R-17234)
City of Pickering
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The applicants requests relief from the following provisions of amending Zoning
By-law 4508/94 to Zoning By-law 3036, in order to obtain a building permit for a proposed
sun room addition attached to the rear of the existing dwelling on the subject property:
Section 5.(3)(b ) (vi) to permit the establishment of a minimum 5.2 metre rear yard depth,
whereas the by-law requires a minimum rear yard depth of 7.5 metres;
Section 5.(3)(b)(vii)B to permit a maximum lot coverage of 47%, whereas the by-law
permits a maximum lot coverage of 40%;
Section 5.(3)(b)(iv)B (III) to permit the establishment of a minimum 1.0 metre east side
yard width, whereas the by-law requires a minimum interior side yard width of 1.2 metres.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department. Comments were received from the City's Fire
Prevention Officer expressing no concerns, and from the City's Development Control
Supervisor requesting a condition be imposed. Written comments were also received from
Canadian National Railway, and a comment from Ward 3 - Regional Councillor Rick
Johnson, in support of the application.
Mr. Vernon Gunness, agent, was present to represent the application. Also present was
Ms. Theresa Harding of 1645 Autumn Crescent, in objection to the application.
Ms. Harding reiterated her concerns of potential for lost sunlight and infringement on her
privacy from the proposed sunroom addition.
Mr. Mohr, Mr. Newton and Ms. Billinger all expressed empathy for Ms. Harding's
concerns, but after viewing the subject property feel the variance is minor and that the
sunroom addition would not have a major impact on reducing her amount of sunlight.
DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously
that-
this application PICA 13/02, by A. & R. Roesner, be APPROVED on the grounds that the
proposed minimum 5.2 metre rear yard depth and minimum 1.0 metre east side yard width
to be provided by the proposed sunroom addition, and the proposed 47% maximum lot
coverage 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 sunroom addition, approximately
16 square metres in area, 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 sunroom
addition within two years of the date of this decision, or this decision shall become
null and void.
3. That the applicant satisfy the City of Pickering that the drainage swale and lot
drainage will not be affected by the proposed construction.
4. That the property owner insert the warning clause as requested by Canadian
National Railway in all offers to purchase, agreements of purchase and sale or lease.
MOTION CARRIED
5.
PICA 16/02 - Discovery Place Ltd.
South side of Kingston Road, east of Glenanna Road
being, Part of Lot 21, Concession 1
(40R-19316, Part 2)
City of Pickering
29
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended by By-law 2349/87, and varied by PICA 56/92 and PICA 42/95 in order to obtain
site plan approval and building permits for a proposed 11 storey, 208 unit apartment
building (Millennium 2 Tower) on the subject property:
Section 5.(l)(b)(vi)B to permit a minimum parking requirement of 1.1 parking spaces to be
provided per dwelling unit for residential parking (234 resident spaces) and a minimum of
0.2 parking spaces to be provided per dwelling unit for visitor parking (42 visitor spaces),
whereas the by-law requires a minimum parking requirement of 1.3 parking spaces to be
provided per dwelling unit for residential parking (271 resident spaces) and a minimum of
0.2 parking spaces to be provided per dwelling unit for visitor parking (42 visitor spaces).
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department. Written comments have been received from the
City's Fire Inspector and the City's Development Control Supervisor, both expressing no
concerns.
Mr. Elio Zoffranieri, agent, was present to represent the application. Also present,
expressing concerns were Ms. June Kay, representative of D.C.C. #139,
Mr. Robert Matthews, Vice-President of D.C.C. #164, Mr. Richard Wall of D.C.C. #164,
Mr. John Joaquin, Board Member of D.C.C. #139, Sydney Cocker of D.C.C. #164, and
Mr. Aldo Cechetto, of D.C.C. #139 (Casitas). A large number of residents (approximately
50) of surrounding Durham Condominiums were present for this application.
Mr. Zoffranieri stated that he concurred with Staff's recommendation and was available to
answer questions from the Committee and public.
Ms. June Kay stated that she was pleased with the reduction of units and that they are
anxious for Tridel to complete the project. She also inquired as to the total number of
parking spaces when the underground parking is complete.
Mr. Zoffranieri outlined total visitor and resident parking spaces for all buildings on the
subject site. This included the 34 residual spaces from the Casitas, which are not currently
being utilized.
Ms. Kay made reference to the Condominium Act and outlined the process involved if
Tridel were to include these surplus spaces for sale. Her understanding appears to be The
Act requires consent of 80% of the owners of the condominium adding that the amendment
must be registered. Speaking on behalf of the residents, they feel this is not appropriate.
Mr. Zoffranieri assured the residents that they are not altering the Condominium Plan.
Parking spaces will stay where they are and that they do have the right to sell these spaces
to residents within the complex.
Mr. Pym suggested that legal opinion should be sought as to the appropriateness of the Act.
Mr. Wall, Mr. Matthews and Mr. Cechetto made comments and inquired as to the number
of surplus parking spaces in both the Casitas and Millennium I Tower, the total number
and size of the proposed units, and inquired as to the monthly fees allocated being a
concern. Mr. Zoffraniero stated that fees will be adjusted, but the adjustment will be
minimal.
Mr. Joaquin reiterated Mrs. Kay's comments regarding the rights and process to amend
the legal description of the parking spaces, and questioned the Committee's mandate in
deciding amendments to the legal description. Mr. Joaquin also made comment that the
parking ratio is reduced further from the original request in 1999.
Mr. Ashe stated that the legality interpretations will be dealt with when the owner applies
for a building permit and City Staff will determine at that time if it is appropriate.
Mr. Ashe also reminded residents of the right to appeal the Committee's decision.
Mr. Cocker had concerns should the parking ratio drop if the City determines that the
34 surplus spaces cannot be included in the final total parking count.
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Mr. Pym made reference to the Planning Act Section 45 and stated that Mr. Zoffraniero
would be required to find alternate locations for the parking spaces if it becomes null and
void.
Mr. Newton outlined conditions from Staff's recommendation to the public.
Ms. Kay made comment with respect to insufficient notification and timing of the meeting
date. Ms. Kay commended Mr. Pym for a job well done.
DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and carried unanimously
that-
this application PICA 16/02, by Discovery Place Ltd., be APPROVED on the grounds that
the proposed parking space reduction variance is minor in nature, 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 a maximum 11-storey, 208 unit residential
apartment building constructed on the subject property, as generally
outlined on the applicant's submitted plans with this application.
2.
That the applicant obtain site plan approval, and buildings permits, to
construct the proposed residential apartment building, within two years of
the date of this decision, or the approval of these variances shall become null
and void.
MOTION CARRIED
6.
PICA 17/02 - Robert Ristau
332 Dyson Road
being, Lot 26, Plan 274
City of Pickering
The applicant requests relief from the following provisions of Section 10.2.3 of Zoning
By-law 2511, as amended, in order to obtain a building permit for a proposed two-storey
addition to the existing dwelling on the subject property:
To permit the establishment of a minimum 6.4 metre front yard depth to be provided by
the proposed addition attached to the existing dwelling; whereas the by-law requires a
minimum front yard depth of 7.5 metres;
To permit the continuance of a minimum 4.5 metre front yard depth provided by the
existing dwelling on the subject property; whereas the by-law requires a minimum front
yard depth of 7.5 metres;
To permit the continuance of a minimum 0.4 of a metre north side yard width provided by
the existing dwelling on the subject property, whereas the by-law requires a minimum side
yard width of 1.5 metres.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department. Written comments have been received from the
City's Fire Inspector and the City's Development Control Supervisor, both expressing no
concerns. Written comments were also received from Canadian National Railway.
Mr. Ristau, owner, was present to represent the application. No further representation
was present in favour of or in objection to the application.
31
DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously
that-
this application PICA 17/02, by Robert Ristau, be APPROVED on the grounds that the
proposed minimum 6.4 metre front yard depth to be provided by the proposed addition,
proposed continuance of a minimum 4.5 metre front yard depth and minimum 0.4 of a
metre north side yard width 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 proposed two-storey addition,
approximately 107 square metres in area, as generally sited and outlined on the
applicant's submitted plans with this application.
2. 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.
3. That the property owner inserts the warning clause as requested by Canadian
National Railway in all offers of purchase, agreements of purchase and sale or
lease.
MOTION CARRIED
7.
ADJOURNMENT
MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously
that-
The 6th meeting of the Committee of Adjustment be adjourned at 8:20 p.m. and the next
meeting of the Committee of Adjustment be held on Wednesday, May 22, 2002.
MOTION CARRIED
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