HomeMy WebLinkAboutFebruary 27, 2002
Pending Adoption
MINUTES of the 3rd meeting of the Committee of Adjustment held in the Main Committee
Room of the Pickering Civic Complex on Wednesday, February 27,2002.
PRESENT:
Mr. K. Ashe (Chairperson)
Ms. M. Billinger
Mr. T. Mohr
Mr. E. Newton
Mr. C. Young
ALSO PRESENT:
Mr. R. Pym, Assistant Secretary-Treasurer
Mrs. F. Niro, Secretary-Treasurer
The meeting conyened at 7:03 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. Mohr, seconded by Mr. Newton and carried unanimously-
That the minutes of the 2nd meeting of the Committee of Adjustment held
February 6, 2002, be adopted.
MOTION CARRIED
3.
ADOPTION OF COMMITTEE OF ADJUSTMENT AGENDA
MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously-
That Agenda Item #4, PICA 7/02, by V. & K. Probert be moved to be the final application
on the agenda.
MOTION CARRIED
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4.
PICA 6/02 - Rule Estate Inc.
1310 Altona Road
being, Part of Lot 33, Range 3, B.F.c.
(40R-1O160, Part 1)
City of Pickering
The applicant requests the Committee allow the extension of a legal non-conforming
property that contains two detached dwellings by permitting additions onto the southern
dwelling unit.
The applicant requests approval of this extension of a legal non-conforming property in
order to obtain a building permit for proposed second-storey additions, totaling
approximately 155 square metres in area, to the existing dwelling located on the south side
of the subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and from the Durham Region Health Department.
Written comments were received from the City's Fire Prevention Officer expressing no
concerns, and from the City's Development Control Supervisor, imposing a condition.
Mr. James Ruehle, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application. Mr. Ruehle
informed the Committee that he proposes to connect to municipal sewers. Mr. Pym stated
that the applicant will be required to fulfill the requirements of the Durham Region Health
Department prior to the issuance of a building permit.
DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously
that-
this application PICA 6/02, by Rule Estate Inc., be APPROVED on the grounds that the
proposed extension of legal non-conforming status on the subject property is desirable for
the appropriate development of the land, and in keeping with the general intent and
purpose of the Official Plan, subject to the following conditions:
1. That these variances apply only to the proposed additions on the west, east and
south sides of the existing southern dwelling, which total approximately 155 square
metres, 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.
3. That the applicant remove all debris at the south limit of Altona Road prior to
issuance of a building permit.
MOTION CARRIED
5.
PICA 8/02 - R. & A. Agraso
1396 Rougemount Drive
being, Part of Lot 19, Plan 228
(40R-16880, Part 1)
City of Pickering
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The applicants request relief from Section 9.3.3.6(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 10.2 metres beyond the front wall of the existing dwelling on the subject
property, whereas the by-law requires that no part of any attached private garage shall
extend more than 2 metres beyond the front wall of the dwelling to which it is attached.
The applicants request approval of this variance in order to obtain a building permit for
the construction of a second-storey addition to the existing dwelling, and to convert the
existing indoor pool into an attached two-car garage on the subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department. Written comments were received from the City's
Fire Prevention Officer indicating no concerns with respect to this application, and from
the City's Development Control Supervisor expressing no concerns providing the driveway
entrance remains at its present location.
Mr. & Mrs. Agraso, owners, were present to represent the application. No further
representation was present in favour of or in objection to the application. Mrs. Agraso
submitted an elevation drawing displaying the proposed addition and garage conversion.
Ms. Billinger verified with the applicant the comments expressed by the City's
Development Control Supervisor that the driveway entrance remain at its present location.
DECISION: Moved by Mr. Young, seconded by Mr. Newton and carried unanimously
that-
this application PICA 8/02, by R. & A. Agraso, be APPROVED on the grounds that the
proposed 10.2 metre maximum garage projection variance 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 the proposed 10.2 metre extension variance apply only to the proposed garage
on the subject property on the date of this decision.
2. That the applicant obtain a building permit and construct the proposed
second-storey addition and garage conversion within two years of the date of this
decision, or the approval of the proposed variance shall become null and void.
MOTION CARRIED
6.
PICA 9/02 -J. Parker & R. Kozak
5465 Hoxton Street
being, North Part of Lot 18, Concession 9
(Hamlet of Claremont)
City of Pickering
The applicants request relief from Section 5.18(a) of Zoning By-law 3037, as amended, to
permit a proposed detached, three-car garage to be located in the front yard of the subject
property, whereas the zoning by-law requires all accessory structures to be located entirely
within the rear yard.
The applicants request approval of this variance in order to obtain a building permit to
construct a proposed detached, three-car garage, approximately 104 square metres in size,
within the front yard of the subject property.
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The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and from the Durham Region Health Department
indicating no objections. Written comments were received from the City's Fire Prevention
Officer, and the City's Development Control Supervisor, both indicating no concerns, and
from Ward 3 - Regional Councillor Rick Johnson, in support of the application.
Mr. Ron Kozak, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application. Mr. Kozak
stated that there is a minor change in the location of the entrance garage doors. He verified
the height of the proposed garage and informed the members that the garage will not be
used as additional living space.
DECISION: Moved by Mr. Young, seconded by Ms. Billinger and carried unanimously
that-
this application PICA 9/02 by J. Parker & R. Kozak, be APPROVED on the grounds that
the proposed location of the detached three-car garage located in the front yard of the
subject property is a minor variance which 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 three-car garage, approximately
104 square metres in size, as generally illustrated and sited on the plans circulated
with this application.
2. That the applicant obtain a building permit and construct the proposed detached
garage within two years of the date of this decision, or the approval of this variance
shall become null and void.
MOTION CARRIED
7.
PICA 10/02 - David K. Wilson
5045 Sideline 16
being, Part of Lot 16, Plan 424
City of Pickering
The applicant requests relief from the following provisions of Zoning By-law 3037, as
amended by By-law 3992/92:
Section 5.(b )(ix)A to temporarily permit two dwellings to occupy the same lot at one time,
whereas the by-law permits a maximum of one dwelling unit per lot at one time;
Section 5.18A to permit an accessory structure to be partially located in the side yard of the
subject property, whereas the by-law requires all accessory structures to be located in the
rear yard.
The applicant requests approval of these variances in order to obtain a building permit for
the construction of a proposed one-storey dwelling with attached garage on the subject
property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and from the Durham Region Health Department
indicating no objections. Written comments were received from the City's Fire Prevention
Officer indicating no concerns, from the City's Development Control Supervisor imposing
certain conditions, and from Ward 3 - Regional Councillor Rick Johnson, in support of the
application.
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Mr. Wayne Parson, agent, was present to represent the application. Also present were
Mr. Steve Heck of 5025 Sideline 16, Mrs. S. Hutton & Mr. John McCarthy of
5035 Sideline 16, and Mr. & Mrs. Albert of 1910 Ninth Concession Road, all in favour of
the application.
Mr. Parson outlined reasons for the requested variance. Mr. Hick, Mrs. Hutton, Mr. John
McCarthy, and Mr. & Mrs. Albert all expressed their support of the application.
DECISION: Moved by Mr. Young, seconded by Mr. Mohr and carried unanimously that-
this application PICA 10/02 by David K. Wilson, be APPROVED on the grounds that the
proposed variances to temporarily permit two dwellings to occupy the same lot at one time,
and to permit an accessory structure to be partially located in the 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 existing accessory structure located partially
within the south side yard and to temporarily permit two dwelling units, 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 one-storey
dwelling within two years of the date of this decision, or this decision shall become
null and void.
3. That prior to the issuance of a building permit, the property owner provide the City
an undertaking andlor enter into an agreement with the City, if deemed
appropriate, that may include the posting of securities for the removal of the
original dwelling unit.
4. That the applicant provide to the City appropriate driveway, grading and drainage
plans to the City's satisfaction prior to the issuance of a building permit.
MOTION CARRIED
8.
PICA 7102 - V. & K. Probert
400 Third Concession Road
being, South Part of Lot 31, Concession 3
(40R-2115, Part 1)
City of Pickering
The applicant requests relief from the following provisions of Zoning By-law 3037, as
amended by By-law 2675/88:
Section 5(1)(b)(iii) to permit the continuance of a minimum 3.7 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;
Section 5.18(a) to permit a detached garage to be located in the side yard of the subject
property, whereas the by-law requires all accessory structures to be located in the rear
yard;
Section 5.18(c) to permit a maximum garage height of 5.2 metres to be provided by the
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.
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The applicants request approval of these variances in order to obtain a building permit for
a proposed detached garage, approximately 8 metres by 12 metres in size, to be located in
the side yard of the subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and from the Durham Region Health Department
indicating no objections. Written comments were received from the City's Fire Prevention
Officer indicating concerns, from the City's Development Control Supervisor, imposing
conditions, and from Ward 3 - Regional Councillor Rick Johnson, in support of the
application. Written comments were received from the Toronto and Region Conservation
Authority requesting a revised site plan from the applicant indicating an alternate garage
location.
Mr. Vince Probert, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application. Mr. Probert
stated that a creek runs directly behind the garage. He is aware of the 10 metre setback
requirement required by the Toronto and Region Conservation Authority and will meet
with them to discuss the setback.
Mr. Ashe confirmed with Mr. Pym that condition #4 of Planning & Development
Department's recommendation will address all concerns expressed by the Toronto and
Region Conservation Authority. Mr. Mohr inquired as to the requirements of the City's
Fire Prevention Officer.
DECISION: Moved by Mr. Mohr, seconded by Mr. Young and carried unanimously that-
this application PICA 7/02, by V. & K. Probert, be APPROVED on the grounds that the
proposed continuance of a minimum 3.7 metre front yard depth provided by the existing
dwelling, a maximum garage height of 5.2 metres and the proposed detached garage to be
located in the side yard 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 setback and proposed
detached garage, approximately 8 metres by 12 metres in size, 4.3 metre front
elevation height and 5.2 metre rear elevation height, as generally sited and outlined
on the applicants' submitted plans with this application.
2. That the applicant provides evidence to the satisfaction of the City's Fire Prevention
Officer that the additional floor space over the garage will not be used as additional
living space.
3. That the applicant obtain a building permit and construct the proposed detached
garage within two years of the date of this decision, or this decision shall become
null and void.
4. That the applicant provide the City of Pickering prior to the issuance of a building
permit with approval from appropriate authorities, with regard to conditions
andlor setback requirements from adjacent watercourse.
5. That the applicant provide to the City of Pickering, prior to the issuance of a
building permit, grading, drainage, sedimentation and erosion control plans, all to
the City's satisfaction.
MOTION CARRIED
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9.
ADJOURNMENT
MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously
that-
The 3rd meeting of the Committee of Adjustment be adjourned at 7:45 p.m. and the next
meeting of the Committee of Adjustment be held on Wednesday, March 20, 2002.
MOTION CARRIED
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DATE
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SECRETARY-TREASURER
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