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
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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.
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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
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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.
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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.
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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
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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
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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:
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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.
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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
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