HomeMy WebLinkAboutFebruary 6, 2002
MINUTES of the 2nd meeting of the Committee of Adjustment held in the Main
Committee Room of the Pickering Civic Complex on Wednesday, February 6, 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. Mohr, seconded by Mr. Newton and carried unanimously-
That the minutes of the 1st meeting of the Committee of Adjustment held January 16, 2002,
be adopted.
MOTION CARRIED
3.
PICA 55/01 - Ontario Conference of the Seventh-Day Adventist Church
1741 Fairport Road
being, Lot 126, Plan 1051
City of Pickering
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended:
Section 6.2 to permit the establishment of a minimum lot area of 0.49 of a hectare to be
provided by the subject property, whereas the by-law requires a minimum lot area of
0.5 of a hectare for an institutional (place of worship) use;
Section 5.21.2(b) to permit a minimum south side yard parking width of 0.0 of a metre on
the subject property, whereas the by-law requires that all side yard parking to be located a
minimum of 7.5 metres from the side lot line on one side and 1.5 metres on the other side;
5
Section 5.15 to permit the establishment of a minimum 3.0 metre north side yard width to
be provided by the proposed building on the subject property, whereas the by-law requires
minimum side yard widths of 7.5 metres.
The applicant requests approval of these variances in order to obtain site plan approval
and a building permit to construct a building, approximately 1604 square metres in size, to
support an institutional (place of worship) use on the subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and from the City's Development Control
Supervisor expressing no concerns. Written comments were also received from
Mr. Karkas, owner of 1745 Fairport Road, Ms. Vivian Vandenhazel of 1757 Fairport Road,
Mr. & Mrs. Thornton of 1750 Fairport Road, and Mr. & Mrs. Gibson of
1748 Fairport Road, all opposed to the application. Written comments were also received
from Canadian National Railway requesting the variances be refused.
Ms. Doris Cheung, agent, was present to represent the application. Also present were
Mr. George Ivkov, Pastor, Mr. B. Chan, Director of the Ontario Conference Church,
Mr. Anthony Campbell and Mr. Daniel Mullings, all in favour of the application.
Mr. Chris Karkas and Ms. Gayle Clow were present in objection to the application.
Ms. Cheung provided illustrations of the site including elevations and a model of the
proposed church. She advised area residents of the maximum height of the church and
that a total of 100 parking spaces will be provided on the site.
Mr. Ivkov, Mr. Campbell, Mr. Mullings, and Mr. Chan all expressed support for the
variances adding that that the church would enhance the community, would provide a
positive community service which would encourage people of all ages to visit and access the
facilities, and provide youth involvement with services such as a gym, and computer rooms.
After discussion with the architect, Mr. Karkas was satisfied that the proposed church
would be a positive development of the lands and requested that his initial objections be
formally withdrawn.
Ms. Clow, a member of the Fairport Road Action Committee, asked for clarification as to
the posting of the notification sign. She stated that she was satisfied that there would be an
adequate number of parking spaces and no longer has objections to the proposed
development.
Mr. Pym clarified for the members that Planning Staff requested an amendment of 0.5 of a
metre to the south side yard parking width, to which the applicant concurred.
DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and carried unanimously
that-
this application PICA 55/01, by Ontario Conference of the Seventh-Day Adventist Church,
be APPROVED on the grounds that the proposed establishment of a minimum lot area of
0.49 of a hectare to be provided by the subject property, a minimum south side yard
parking width of 0.5 of a metre, and proposed establishment of a minimum 3.0 metre north
side yard width to be provided by the proposed building on 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 the applicant obtain final site plan approval for the proposed development
within one year of the date of this decision or the approval of these variances shall
become null and void.
2. That the applicant submit grading plans for approval that addresses the grade or
the parking area as it relates to the grade of the existing property to ensure that a
0.5 of a metre off-set is feasible and that it can constructed without adversely
affecting the adjacent property.
MOTION CARRIED
6
4.
PICA 01/02 - Veronica Vernon on behalf of Audley Neville James Trustee
550 Kingston Road
being, Block 54 and 58, Plan 40M-1480
City of Pickering
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended by By-law 2599/87:
Section 2.16.2 to permit the interpretation of a "Day Nursery" to also mean "a facility for
the daytime care of adults" on the subject property in conjunction with a place of worship,
whereas the by-law defines "Day Nursery" as lands and premises duly licensed pursuant to
The Day Nurseries Act, or any successor thereto, for use as a facility for the "daytime care
of children";
Section 8.(2)f)a) to permit the maintenance of a 2.0 metre parking area setback along the
south and east property lines, whereas the by-law requires that all parking areas shall be
setback a minimum distance of 3.0 metres from all lot lines.
The applicant requests approval of these variances in order to provide a facility for the
daytime care of adults on the subject property in conjunction with a place of worship.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and from the City's Development Control
Supervisor expressing no concerns.
Mr. Keith Vernon, Deacon for the Church and Ms. Veronica Vernon, agent, were present
to represent the application. No further representation was present in favour of or in
objection to the application. Mr. Vernon stated that he is in support of the application. He
feels that there is a need for this type of facility and that it would be a positive service for
the community.
Ms. Vernon stated that they wish to provide daytime care for adults which include
individuals suffering from the early stages of Alzheimer's disease and accident victims.
This would include a kitchen facility and restrooms.
DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously
that-
this application PICA 1/02, by Veronica Vernon on behalf of Audley Neville James Trustee
be APPROVED on the grounds that the proposed variances to permit the daytime care of
adults under the "Day Nursery" definition on the subject property, and the reduced
parking area setbacks from the south and east property lines are minor variances that are
desirable for the appropriate development of the land, in keeping with the general intent
and purpose of the Official Plan and the Zoning By-law, and conforms with the uses
permitted in the by-law.
MOTION CARRIED
5.
PICA 2/02 - T. & S. Baird
853 Vicki Drive
being, Lot 42, Plan M-20
City of Pickering
The applicants request relief from the following provisions of Zoning By-law 2520, as
amended:
7
Section 8.2.3 to permit the establishment of a minimum 5.3 metre front yard depth to be
provided by the proposed covered porch on the subject property, whereas the by-law
requires a minimum 7.5 metre front yard depth;
Section 6.5(c) to permit the establishment of a minimum 4.7 metre flankage side yard width
to be provided by the proposed addition, and a minimum 3.6 metre flankage side yard
width to be provided by the proposed garage addition, and the continuance of a minimum
4.7 metre flankage side yard width provided by the existing dwelling on the subject
property, whereas the by-law requires a minimum 7.5 metre flankage side yard width
where a main building is erected upon a corner lot with its main front entrance facing the
flank of such lot;
Section 5.19(A) to permit the continuance of the existing shed to be located in the side yard
of the subject property, whereas the by-law requires that all accessory structures which are
not part of the main building shall be erected in the rear yard.
The applicants request approval of these variances in order to obtain a building permit to
construct a garage addition, approximately 4.2 metres by 6.6 metres in size, a proposed
addition, approximately 6.7 square metres in size, and a covered porch on the subject
property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department and from the City's Development Control
Supervisor expressing no concerns.
Mrs. Susan Baird, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application. Mrs. Baird
stated that the garage addition would only extend 1.1 metres beyond the front wall of the
existing dwelling. She advised the members of the location of the existing shed, the location
of existing windows on the dwelling, and provided photographs of a similar extension to a
home in the area.
Discussion took place between Committee members and Mr. Pym regarding the existing
driveway and sufficient vehicle parking. Mr. Mohr stated that there is already an existing
flankage situation created by the existing dwelling, and believes approving the 3.6 metre
setback would not exacerbate the situation.
DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously
that-
this application PICA 2/02, by T. & S. Baird be APPROVED on the grounds that the
proposed reduced front yard depth to be provided by the proposed covered porch, reduced
flankage side yard width provided by the proposed house addition, and proposed attached
garage addition, proposed continuance of a reduced flankage side yard width provided by
the existing dwelling, and the location of the accessory structure 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 condition:
1. That the applicant obtain a building permit and construct the proposed
additions and covered porch within two years of the date of this decision, or
this decision shall become null and void.
MOTION CARRIED
6.
PICA 3/02 - H. Coons & L. Hardie
339 Fiddlers Court
being, Part Lot 19, Plan 228, 40R-16880, Part 2, 40M-1653
Part Block 15, 40R-17312, Part 2
City of Pickering
8
The applicants request relief from the following provisions of Zoning By-law 3036, as
amended by By-law 2912/88:
Section 5.18(a) to permit a detached garage to be located 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 5.18(b)(A) to permit the establishment of a minimum 0.6 of a metre south side yard
width and west yard depth to be provided by the proposed garage on the subject property,
whereas the by-law requires that all accessory structures greater than 10 square metres in
area shall be setback a minimum of 1.0 metres from all lot lines;
Section 5.18(c) to permit a maximum garage height of 4.6 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;
Section 9.2.3 to permit the continuance of a minimum 2.3 metre north side yard width
provided by the existing dwelling on the subject property, whereas the by-law requires a
minimum side yard of 1.8 metres on one side and 3.0 metres on the other side.
The applicants request approval of these variances in order to obtain a building permit to
construct a detached garage, approximately 10 metres by 7.9 metres in size, and to
recognize a reduced side yard width provided by the existing dwelling on the subject
property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department, and from the City's Development Control
Supervisor requesting conditions be imposed. Written comments and photographs were
received from Mrs. Kelly Killick of 337 Fiddlers Court, opposed to the application.
Mr. Bill Coons and Mrs. L. Hardie, owners, were present to represent the application.
Mrs. Kelly Killick was present in objection to the application.
Mr. Coons and Mrs. Hardie submitted photographs and outlined the following reasons for
the requested variances:
. visual impact of the proposed garage would not be intrusive due to the lower grade
from street level;
. the southern parcel of land is currently vacant;
. roof pitch was designed to match the existing home and solely for aesthetic reasons;
. the proposed garage would be approximately 20 to 30 feet behind the Killick's
home, therefore, minimal impact on their neighbour;
Mrs. Killick stated that she is the only neighbour directly affected by the variances. She
provided pictures and outlined the following reasons for her objection to the application:
. the applicants failed to meet grading and drainage requirements after construction
of the existing dwelling;
. the proposed location of the garage and additional height will affect the enjoyment
of her property;
. construction may be detrimental to the existing trees;
. the reduced side yard variance will not allow proper access for maintenance
purposes;
. she feels the variance is premature and requested that the grading and drainage
issues be addressed before a decision is made, including providing additional
elevation drawings.
MOTION: Moved by Mr. Newton, that the application be tabled to give the Committee
members an opportunity to view the properties.
No seconder, Motion defeated.
9
There was discussion between members regarding the grading and drainage. Mr. Pym
advised the Committee that a building permit is issued with the understanding that the
applicant will address and fulfill all requirements. He assured the Committee that there
will be no building permit issued prior to the applicants satisfying the City with respect to
grading and drainage concerns.
DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried that-
this application PICA 3/02, H. Coons & L. Hardie be APPROVED on the grounds that the
proposed front yard location for the accessory structure, and proposed continuance of a
minimum 2.3 metre north side yard width provided by the existing dwelling on 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:
(ii)
VOTE
1.
That these variances apply only to the proposed detached garage, approximately
10 metres by 7.9 metres in size, as generally sited and outlined on the applicants'
submitted plans with this application.
2.
That the existing 2.3 metre side yard width variance apply only to the existing
dwelling on the subject property on the date of this decision.
3.
That lot grading and other engineering drawings be prepared by a qualified
engineer in accordance with City standard and to the satisfaction of the City of
Pickering prior to the issuance of a building permit.
4.
That the owner complete all outstanding requirements of the City of Pickering
from the construction of the existing dwelling prior to the issuance of a building
permit for the detached garage.
5.
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.
that the proposed variances for the establishment of a minimum 0.6 of a metre south
side yard width and west yard depth to be provided by the proposed detached
garage and the maximum 4.6 metre garage height be REFUSED on the grounds that
these variances are major in nature, undesirable for the appropriate development of
the land and not in keeping with the general intent and purpose of the Zoning
By-law.
Ms. Billinger
Mr. Mohr
Mr. Newton
Mr. Young
in favour
in favour
opposed
in favour
MOTION CARRIED
7.
PICA 4/02 - Bopa Developments Inc.
South side of Finch Avenue, west of Altona Road
being, Part of Lot 1, Plan 388, 40R-19821, Part 1
(Proposed Lots 3,4,5 and 6, of Draft Plan of Subdivision 18T -98018)
City of Pickering
The applicant requests relief from Section 6.1 of Zoning By-law 3036, as amended by
By-law 5830/01 to permit a maximum of 8 model homes to be developed on the subject
lands prior to registration of the Plan of Subdivision, whereas the by-law permits a
maximum of 6 model homes, prior to registration of a Plan of Subdivision.
10
The applicant requests approval of this variance in order to obtain building permits for the
construction of 8 model homes on the subject lands prior to registration of the Plan of
Subdivision.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department, and from the City's Development Control
Supervisor expressing no concerns.
Mr. Vijay Gupta, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application. Mr. Gupta
advised the Committee that their intent is to provide potential purchasers an opportunity
to view each one of their models.
DECISION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously that-
this application PICA 4/02, by Bopa Developments Inc., be APPROVED on the grounds
that the proposed construction of a maximum of 8 model homes to be developed on the
subject lands prior to registration of the Plan of Subdivision 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 8 model homes as generally
sited and outlined on the applicants' submitted plans with this application.
2. That the applicant obtain building permits and construct the proposed model
homes within two years of the date of this decision, or this decision shall
become null and void.
MOTION CARRIED
8.
PICA 05/02 - Sandra M. Carter Willoughby
1246 Waterpoint Street
being Lot 43, Plan M-90
City of Pickering
The applicant requests relief from the following provisions of zoning By-law 2511, as
amended by By-law 4139/92:
Section 5.6 to permit the continuance of a lot, which does not front on an opened public
street maintained at public expense, whereas the by-law states that no person shall erect or
use any building on a lot which does not front on an opened public street maintained at
public expense;
Section 5.19(b)(A) to permit the continuance of a minimum 0.1 of a metre east side yard
width, a minimum 0.6 of a metre west side yard width, and minimum 0.1 of a metre rear
yard depth provided by the existing garage on the subject property, whereas the by-law
requires accessory structures greater than 10 square metres in area shall be setback a
minimum of 1 metre from all lot lines;
The applicant requests approval of these variances in order to obtain a building permit for
the replacement of an accessory building, being a garage, approximately 5.8 metres by
6.4 metres in size, on the subject property.
The Assistant Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department, the City's Development Control Supervisor, the
Toronto and Region Conservation Authority, and from the Durham Region Health
Department, all expressing no objections. Letters of support were received from the owner
of 1244 Waterpoint Street, and from Mr. Lee Gray of 1248 Waterpoint Street.
11
Mr. Craig Willoughby, owner, was present to represent the application and Mr. Lee Gray
was present in favour of the application. Mr. Willoughby advised the members that he has
replaced the existing structure with a structure that is aesthetically pleasing. He feels the
newly built structure is a significant improvement and has minimal impact on the abutting
property owner.
DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously
that-
this application PICA 5/02, by Sandra M. Carter Willoughby, be APPROVED on the
grounds that the proposed continuance of a lot which does not front on an opened public
street maintained at public expense, proposed establishment of a 0.1 of a metre east side
yard width, minimum 0.6 of a metre west side yard width, and minimum 0.1 of a metre
rear yard depth provided by the detached garage to be 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. The proposed variances apply only to the existing detached garage located in
the rear yard, and to recognize that the subject lot does not front on an
opened public street.
2. That the applicant obtain a building permit within two years of this decision,
or this decision shall be come null and void.
MOTION CARRIED
9.
ADJOURNMENT
MOTION: Moved by Ms. Billinger, seconded by Mr. Mohr and carried unanimously that-
The 2nd meeting of the Committee of Adjustment be adjourned at 8:55 p.m. and the next
meeting of the Committee of Adjustment be held on Wednesday, February 27,2002.
MOTION CARRIED
~..J)l
OJ
DATE
-
..--.
~Gh~~
SECRETARY-TREASURER
12