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HomeMy WebLinkAboutSeptember 4, 2002 MINUTES of the 12th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, September 4, 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 7:02 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 Ms. Billinger, seconded by Mr. Mohr and carried unanimously- That the minutes of the 11th meeting of the Committee of Adjustment held August 14, 2002, be adopted. MOTION CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously- That the agenda for the September 4, 2002 meeting be adopted. MOTION CARRIED 66 4. (Deferred from July 14, 2002 meeting) . PICA 41/02 to PICA 43/02 - E. Agnew, J. Chandler, B. Carter Part Lot 3, Plan 330, Lot 16, Plan 1051 being, 1837 to 1841 Appleview Road City of Pickering MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously- that PICA 41/02 to PICA 43/02, by E. Agnew, J. Chandler, B. Carter be lifted from the table. MOTION CARRIED The applicant requests relief from Section 9.2.1 of Zoning By-law 3036, as amended by By-law 2423/87, to permit the establishment of a minimum 15.2 metre lot frontage provided by the proposed severed and retained parcels on the subject property, whereas the by-law requires a minimum lot frontage of 18 metres. The applicant requests approval of these variances in order to facilitate proposed land severances to allow lots with reduced frontages. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor indicating the application appears to be acceptable, however, if additional servicing and relocation of utilities is required, it will be the applicants' responsibility. Written comments were also received from the City's Fire Prevention Officer expressing no concerns. Mr. Bob Martindale, agent was present to represent the application. Also present was Mr. Kevin Love, CD. of 1632 Heathside Crescent, in objection to the application. Mr. Martindale stated that he did speak with Planning Staff regarding a walkway and they advised that a walkway was not feasible at this site. Mr. Love stated that he is opposed to the application and considers the variances major in nature and in direct contravention to the intent of the zoning by-law. He expressed concerns that the variances would have a major impact on the subject property, the adjacent properties, and the community. Mr. Love stated area residents currently make use of an existing easement on the subject property and use it as a walkway to cross the property. He considers development of the property and potential removal of the easement/walkway having a major impact and hindering the enjoyment of life. 67 Mr. Love referred to issues that included religious persecution, environmental impact, lack of public notice and traffic/safety. Mr. Love stated the property should be developed in compliance with the zoning, being creating two 18-metre wide lots with the residual land being used to construct a proper walkway. Mr. Martindale advised that the intent of the existing easement was originally for the purpose to access an artesian well that no longer functions and not for the use of a public walkway. . In reply to a question, Mr. Pym stated that issues with respect to easements is a legal matter and a legal opinion would be required in order to have the easement removed. Mr. Newton acknowledged that the Committee understood and appreciated the concerns expressed by Mr. Love but considers the variances minor in nature, and supports Planning Staff's recommendation. DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously that- these applications PICA 41/02 to PICA 43/02, by E. Agnew, J. Chandler, B. Carter, be APPROVED on the grounds that the proposed establishment of a minimum 15.2 metre lot frontage for the proposed severed and retained parcels 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 these variances apply only to the proposed plan, as generally sited and outlined on the applicants' submitted plans with this application. 2. That the applicant obtains the associated land severances within two years of the date of this decision, or this decision shall become null and void. 5. (Deferred from August 14, 2002 meeting) PICA 46/02 - D. Proteau & L. Naud 619 Park Crescent being, Lot 56, Part of Lot 57, Plan 311 City of Pickering MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously that PICA 46/02, by D. Proteau & L. Naud be lifted from the table. MOTION CARRIED 68 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; 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 there would be adequate space to park two vehicles on the driveway without imposing on City property. Mr. Proteau submitted a letter of support from area residents. Ms. Billinger stated that she had an opportunity to view the property and concurred with the applicant. DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously- this application PICA 46/02 by D. Proteau & L. Naud, as outlined be APPROVED on the grounds that the proposed establishment of a minimum 4.5 metre front yard depth to be provided by the proposed two-car garage, and continuance of a minimum 0.3 of metre south side yard width provided by the existing sun porch 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-car garage and existing sun porch, 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 two-car garage, approximately 54 square metres in area, within two years of the date of this decision, or this decision shall become null and void. 69 6. (Deferred from August 14,2002 meeting) PICA 47/02 - Doumouras Properties Ltd. 1010 Brock Road being, Part Lot 19, Concession 1, (40R3816, pt 1, 2) City of Pickering MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously that PICA 47/02, by Doumouras Properties Ltd. be lifted from the table. MOTION CARRIED 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); 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 outlined current parking issues and clarified parking setbacks for the Committee. Mr. Dickerson stated that there is continued opposition from tenants and submitted a letter outlining their objections and concerns. 70 Discussion amongst Committee members followed with respect to the parking setback from Bayly Road, proposed landscaping, and fencing issues. In reply to a question from the Committee, Mr. Papapetrou stated he had no objection to constructing 1.8 metre high chain link fence at his expense. DECISION: Moved by Mr. Newton, seconded by Mr. Mohr and carried that- this application PICA 47/02, by Doumouras Properties Ltd. be APPROVED on the grounds that the proposed establishment of a total of 76 parking spaces to be provided on the subject property, proposed establishment of a minimum 0.2 of a metre setback from Bayly Street, and proposed establishment of a minimum 5.9 metre aisle width for two-way traffic 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 addition, approximately 146 square metres in area, as generally sited and 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 addition, within two years of the date of this decision, or the approval of these variances shall become null and void. 3. That the applicant erect a 1.8 metre fence along the north and west property lines subject to site plan approval. VOTE Mr. Ashe Ms. Billinger Mr. Mohr Mr. Newton in favour opposed in favour in favour MOTION CARRIED 7. PICA 49/02 - Scott Danyshyn 70 Highway No.7 Part of Lot 35, Concession 6 71 The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 2676/88, in order to obtain a building permit for a proposed detached garage, approximately 9.2 metres by 12.2 metres in size, on the subject property. Section 5.18(c) to permit a maximum building height of 5.6 metres, whereas the by-law states that no accessory building shall exceed a height of 3.5 metres. Section 5(1)(b)(iii) to permit the continuance of a minimum 7.5 metre front yard depth provided by the existing dwelling, whereas the by-law requires a minimum front yard depth of 9.0 metres. 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 the Durham Region Health Unit with no objections. Written comments were also received from the Pickering Fire Services. Mr. Russ Gregory, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Gregory submitted letters of support from area residents. and advised that the existing garage will be removed and the proposed garage will used as storage only. DECISION: Moved by Ms. Billinger seconded by Mr. Mohr, and carried unanimously that - this application PICA 49/02 by Scott Danyshyn, be APPROVED on the grounds that the proposed maximum 5.6 metre building height to be provided to the proposed garage and minimum 7.5 metre front yard depth to be 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 this variance apply only to the proposed garage, approximately 112 square 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 garage within two years of the date of this decision, or this decision shall become null and void. 8. PICA 50/02 to PICA 59/02 Merin Investments Inc. 1841, 1845, 1849 - 1851 Glendale Drive Lots 28, 29 and 30, Plan 492 72 The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4362/93, in order to obtain building permits for the development of 10 semi-detached dwelling units on future severed parcels. Section 5(1 )(b)(i) to permit the establishment of a minimum 1.2 metre south side yard setback to be provided by a proposed semi-detached dwelling unit on proposed Lot 10, whereas the by-law requires a minimum south side yard building setback of 7.5 metres. Section 5(1 )(b)(vi)B(ii) to permit the establishment of a minimum of 0 visitor parking spaces to be provided on the subject properties whereas the by-law requires a minimum 0.3 visitor parking spaces per dwelling unit. 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 addressing grading & drainage concerns. Mr. Joe Cornacchia, owner, was present to represent the application. Also present were Richard Masson of 1857 Glendale Drive, Marty Ruttan of 1855 Glendale Drive, and Ms. Connie Da Silva of 1832 Glendale Drive, all expressing concerns. Mr. Cornacchia provided a brief history of the property. Mr. Masson and Mr. Ruttan expressed concerns with the removal of large trees on the property, the setback from Lot 1, and inquired as to whether a fence can be erected between the north property line and abutting neighbour. Ms. Da Silva made comment with respect to the lack of visitor parking. Mr. Pym stated that when there is similar land use, a fence is usually not a requirement by the builder, and the removal of existing trees will be considered through grading review. Builders are encouraged to preserve trees as much as possible. Mr. Cornacchia clarified the visitor parking issue. DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously that - this application PICA 50/02 to PICA 59/02, by Merin Investments Inc. be APPROVED on the grounds that the proposed minimum 1.2 metre south side yard setback to be provided by a proposed semi-detached dwelling unit on Lot 10 and a minimum 0 visitor parking spaces to be provided on the future severed parcels 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: 73 1. That the applicant obtain building permits and construct the proposed semi-detached dwelling units within two years of the date of this decision, or this decision shall become null and void. 2. That the applicant construct a 1.8 metre high wood privacy fence were the subject property abuts a commercial use and this fence be completed prior to occupancy of the dwelling unit on the lot. 3. That the applicant acknowledge and agree in writing within two months of the date of the decision of this application that until grading and drainage plans are approved by the City the property owner may be required to provide a 3.0 metre wide easement along the south property line to the satisfaction of 4. the City of Pickering. 5. That the development of all semi-detached dwellings on the subject property comply with the following regulations: (i) minimum lot area of 205 square metres; (ii) minimum lot frontage of 7.5 metres; (iii) minimum front yard depth of 4.5 metres; (iv) minimum rear yard depth of 7.5 metres; (v) minimum side yard width of 1.2 metres on one side and 0.0 metres where dwelling on adjacent lot is attached; (vi) maximum building height of 12.0 metres; (vii) minimum gross floor area of 100 square metres; (viii) maximum of one dwelling unit per lot; (ix) maximum lot coverage of 50 percent; (x) minimum one private garage per lot, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (xi) maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey, except where a covered and unenclosed porch or verandah extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit; (xii) uncovered steps and platforms not exceeding 2.0 metres in height shall be permitted to project a maximum of 1.5 metres into a required rear yard. 74 9. ADJOURNMENT MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously that- The 12th meeting of the Committee of Adjustment be adjourned at 8:35 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, September 25, 2002. MOTION CARRIED ,\?l Q5jOJ DATE CHAtRMAN ~~. SECRETARY~REASURER 75