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HomeMy WebLinkAboutAugust 14, 2002 Pending Adoption MINUTES of the 11th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, August 14, 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 convened at 7:00 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 Ms. Billinger and carried - That the minutes of the 10th meeting of the Committee of Adjustment held July 24, 2002, be adopted. MOTION CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously- That the agenda for the August 14, 2002 meeting be adopted. MOTION CARRIED 59 4. PICA 44/02 - Scott Laboratories Ltd. 950 Brock Road being, Part Lot 19, Con BF, (40R-11302, pt 3,4) City of Pickering The applicant requests relief from Section 5.21.2(a) of Zoning By-law 2511, as amended, to permit a maximum of 34% (14 spaces) of the total required parking spaces for the site to be located in the front yard of the subject property, whereas the by-law limits front yard parking to a maximum of 20% (8 parking spaces) of the total required parking area; The applicant requests approval of this variance in order to obtain site plan approval and building permits for internal and external renovations to the existing building on 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 Development Control Supervisor expressing no concerns. Mr. Frank Valente, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Valente outlined reasons for the variance, adding the existing building is in need of renovations. DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously that- this application PICA 44/02, by Scott Laboratories Ltd., be APPROVED on the grounds that the proposed maximum 34% (14 parking spaces) front yard parking 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 condition: 1. That the applicant obtain conceptual site plan approval from the City within one year of the date of this decision, or this decision shall become null and void. 5. PICA 45/02 - Richard Wagner 3450 Salem Road being, South Part of Lot 7, Concession 5 (40R-17683, Part 2) City of Pickering 60 The applicant requests relief from Section 5.18(c) of Zoning By-law 3037, as amended by By-law 4804/96, to permit the establishment of a maximum 5.6 metre building height to be provided by the proposed storage shed on the subject property, whereas the by-law states that no accessory building shall exceed a height of 3.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed storage shed, approximately 7.4 metres by 9.2 metres in size, on 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 Development Control Supervisor expressing no concerns, and from Regional Ward 3 Councillor Rick Johnson, in support of the variance. Mr. Richard Wagner, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Ms. Billinger, seconded by Mr. Young and carried unanimously that - this application PICA 45/02, by Richard Wagner be APPROVED on the grounds that the proposed maximum 5.6 metre building height to be provided by the proposed storage shed 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 applies only to the proposed storage shed, approximately 7.4 metres by 9.2 metres in size, 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 storage shed within two years of the date of this decision, or this decision shall become null and void. 6. PICA 46/02 - D. Proteau & L. Naud 619 Park Crescent being, Lot 56, Part of Lot 57, Plan 311 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: Section 10.2.3 to permit the establishment of a minimum 4.5 metre front yard depth to be provided by the proposed two-car garage attached to the front of the existing dwelling, whereas the by-law requires a minimum front yard depth of 7.5 metres; 61 Section 10.2.3 to permit the continuance of a minimum 0.3 of a metre south side yard width provided by the existing sun porch located on the south side of the existing dwelling, whereas the by-law requires a minimum side yard width of 1.5 metres. The applicants request approval of these variances in order to obtain a building permit for a proposed two-car garage attached to the front of the existing dwelling. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor expressing no concerns. Mr. Proteau, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Proteau stated that the property is an irregular-shaped lot with a curved frontage and that the reduced front yard depth will only affect the corner of the proposed garage. He outlined reasons as to why it would not be feasible to move the proposed garage, being the location of the existing front doorway, existing swimming pool in the side yard and due to the existing trees on the property. Mr. Mohr stated that he had a opportunity to view the subject property and suggested that the application be deferred in order to give other members an opportunity to do the same. Mr. Proteau concurred with Mr. Mohr's request to defer the application. MOTION: Moved by Mr. Mohr, seconded by Mr. Newton and carried unanimously- this application PICA 46/02 by D. Proteau & L. Naud be DEFERRED until the September 4, 2002 meeting. MOTION CARRIED 7. PICA 47/02 - Doumouras Properties Ltd. 1010 Brock Road being, Part Lot 19, Concession 1, (40R3816, pt 1, 2) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: Section 5.21.1 (2) to permit the establishment of a total of 76 parking spaces to be provided on the subject property, whereas the by-law requires 87 spaces (5.5 spaces per 93 square metres of gross leasable area for employees and customers); 62 Section 5.21.2(d) to permit the establishment of a minimum 0.2 of a metre setback for a portion of the site from Bayly Street, whereas the by-law requires all parking areas to be set back 3 metres from the road allowance; Section 2.2.1 to permit the establishment of a minimum 5.9 metre aisle width for two-way traffic, whereas the by~law requires the minimum perpendicular width of an aisle used to gain access to a parking stall shall be 6.5 metres. The applicant requests approval of these variances in order to obtain site plan approval and building permits for a proposed addition, approximately 146 square metres in area, to the existing commercial building on 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 Development Control Supervisor about future sidewalk locations by the Region. Mr. George Papapetrou, agent, was present to represent the application. Also present was Mr. Doug Dickerson, in objection to the application. Mr. Papapetrou submitted an up-to-date site plan and added that the two-way traffic aisle width was changed due to the comments received from the City's Fire Department. Mr. Doug Dickerson on behalf of other tenants of the abutting property, outlined concerns as follows: - the existing plaza has not had sufficient parking for a while; believes that even a minor reduction would set a precedent; - the proposed aisle width reduction is major and could exacerbate an already existing problem; parking already occurs on other properties to access the building; - suggested a possibility of a 2 metre chain link fence to stop access. Ms. Billinger suggested Mr. Dickerson bring something in writing from area tenants outlining their concerns. Mr. Young suggested that members take an opportunity to walk the site and view the parking situations to determine the type of impact these variances may have on surrounding business. MOTION: Moved by Mr. Young, seconded by Ms. Billinger and carried unanimously that- this application PICA 47/02, by Doumouras Properties Ltd. be DEFERRED until the September 4, 2002 meeting. MOTION CARRIED 63 8. PICA 48102 - Mary Wilson Unit 9, D.C.C. Plan 176 being 1100 Begley Street, Unit 9 City of Pickering The applicant requests relief from Section 12.2.3 of Zoning By-law 2511, as varied by PICA 25/00 and PICA 10/01 to permit the establishment of a minimum 5.0 metre rear yard depth to be provided by the proposed deck addition attached to the rear of the existing dwelling on the subject property, whereas the by-law, as varied, requires a minimum rear yard depth of 7.1 metres. The applicant requests approval of this variance in order to obtain a building permit for a deck addition, approximately 4.3 metres by 2.5 metres in size, 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 from the City's Development Control Supervisor expressing no concerns. Written comments were also received from Detlef and Elke Soth, in objection to the application and a letter from Juliette Saunders with signatures of area condo owners, opposed to the application. Mrs. Wilson, owner, was present to represent the application. Also present were Chris and Juliette Saunders, Unit #24, Elaine Kiel, Unit #7, and Jack Vincken, Unit #10, expressing concerns. Mrs. Wilson outlined reasons for the deck addition which included the following: poor quality and construction of the existing deck; - existing deck does not meet the requirements of the Ontario Building Code; - environmental and safety issues with respect to toxic effects from pressure-treated wood; - she entered into a verbal agreement with Mr. Vincken, Unit #10 condo owner, that the proposed deck will not exceed 6 feet in width on the south- west corner, and will not be constructed with aluminum material; Juliette and Chris Saunders stated that they supported the request to build a new deck but voiced concerns with misrepresentation by Mrs. Wilson to the community and the Condominium Board members. They requested tabling the application in order to give the Condominium Board an opportunity to have condominium standards put in place before a decision is made. Ms. Klein stated that she concurred with Mrs. Saunders comments. 64 Mr. Vincken stated that he did enter into a verbal agreement with Mrs. Wilson that the deck not exceed 6 feet in width and that the deck will not be constructed with aluminum material. DECISION: Moved by Mr. Young, seconded by Mr. Mohr and carried unanimously that- this application PICA 48/02, by Mary Wilson be APPROVED on the grounds that the proposed minimum 5.2 metre rear yard depth to be provided by the proposed deck addition 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 deck addition, approximately 4.3 metres by 2.5 metres, tapering to 1.85 metres on the southwest corner, 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 deck addition within two years of the date of this decision, or this decision shall become null and void. 9. ADJOURNMENT MOTION: Moved by Ms. Billinger, seconded by Mr. Eric Newton and carried unanimously that- The 11th meeting of the Committee of Adjustment be adjourned at 8:15 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, September 4, 2002. MOTION CARRIED L,~l y I () cJ DATE " .."'. '-- . . CHAIRMAN ~~j. SECRETARY~REASURER 65