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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 28 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. 30 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 1nÚJ (J;J/oø DATE / 4@.f/. '.~'--:-=-'- . - '-. ,.-.., . . - -- / . j .:¡--::- ,,/ ". ./ r dt'd...J /' ~-/ '- c CJ:. /.~_.- ~.~ SECRETARY-TREASURER 32