HomeMy WebLinkAboutOctober 16, 2002
MINUTES of the 14th meeting of the Committee of Adjustment held in the Council
Chambers of the Pickering Civic Complex on Wednesday, October 16, 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 7:03 p.m. in the Council Chambers 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 unanimously-
That the minutes of the 13th meeting of the Committee of Adjustment held
September 25, 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 October 16, 2002 meeting be adopted, as amended.
MOTION CARRIED
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4.
PICA 61/02 - R. & C. Martell
1279 Haller Avenue
West Part of Lot 1279, Plan M-16
City of Pickering
The applicant requests relief from Section 5.8(b) of Zoning By-law 2520, as
amended, in order to permit the continuance of a recently constructed deck to
project a maximum of 2.6 metres, resulting in a minimum front yard depth of
5.0 metres, whereas the by-law permits uncovered platforms and decks not
exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into
a required front yard depth of 7.5 metres.
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, expressing no concerns, and from Teri
Pereira of 1286 Haller Avenue, indicating support of the application.
Mr. Martell, owner, was present to represent the application. Also present was
Mr. Brian Everly representing Ms. Scheutjens of 1287 Haller Avenue, Ms. Jacqueline
Smart of 829 Fairview Avenue and a resident of 1285 Haller Avenue, all in support of
the application. Mr. Gary Duncan of 1281 Haller Avenue was present in objection to
the application.
Mr. Everly and Ms. Smart outlined reasons for supporting the application which
included the deck being a property improvement; good detail in construction; and
the deck posing no hazards.
Mr. Duncan stated that he was opposed to the application and voiced concerns of
the deck housing a variety of animal life which may pose a danger to his children.
DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried
unanimously that-
Application PICA 61/02 by R. & C. Martell, as outlined be APPROVED on the grounds
that the proposed continuance of a deck to project a maximum of 2.6 metres,
resulting in a minimum front yard depth of 5.0 metres 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 this variance apply only to the existing deck as generally sited and
outlined on the applicants' submitted plans with this application.
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5.
PICA 62/02 - Fred Campitelli, Trustee
Northeast corner of Valley Farm Road and Pickering Parkway
Part Lot 20, Concession 1, (40R-19954, Part 2, 4)
City of Pickering
The applicant requests relief from Section 5.6 of Zoning By-law 3036 as amended by
By-law 5416/98, in order to permit the development of 93 townhouse dwelling units
on the subject property. The proposed development is comprised of freehold
townhouse lots that will front onto a private condominium road which is not an
open public street maintained at public expense, whereas the by-law states that no
person shall erect or use any building or structure on a lot which does not front on
an opened public street maintained at public expense.
The Assistant Secretary-Treasurer outlined comments received from the City of
Pickering Planning & Development Department. Written comments were also
received from the Development Control Supervisor indicating no concerns.
Ms. Leona Savoie, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and carried
unanimously that-
Application PICA 62/02 by Fred Campitelli, Trustee, as outlined be APPROVED on
the grounds that the proposed establishment of lots which do not front on an
opened public street maintained at public expense 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 development as sited and
outlined on the applicant's submitted plans with this application.
2. That the applicant register the plan of condominium for the establishment
of the private road within two years of the date of this decision, or this
decision shall become null and void.
6.
PICA 65/02 - S. & V. Cuk
921 Liverpool Road
Lot 294, Plan M-14
City of Pickering
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The applicant requests relief from Section 7.2.3 of Zoning By-law 2520, as amended,
in order to obtain a building permit for a proposed garage addition, approximately
7.0 metres by 4.4 metres in size, on the subject property, and to recognize the
reduced front yard setback to the existing dwelling, whereas the by-law requires
minimum rear yard and front yard depths of 7.5 metres.
The Assistant Secretary-Treasurer outlined comments received from the City of
Pickering Planning & Development Department. Written comments were also
received from the Development Control Supervisor indicating no objection.
Mr. & Mrs. Cuk, owners, were 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. Mohr and carried that-
Application PICA 65/02 by S. & V. Cuk, as outlined be APPROVED on the grounds
that the proposed establishment of a minimum 3 metre rear yard depth to be
provided by the proposed garage addition and the continuance of a minimum
6.2 metre front yard depth 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 these variances apply only to the proposed garage addition,
approximately 7.0 metres by 4.4 metres in size, 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
addition within two years of the date of this decision, or this decision
shall become null and void.
7.
PICA 63/02 - Discovery Place Ltd.
(South side of Kingston Road, west of Valley Farm Road)
Part Lot 21, Concession 1
City of Pickering
The applicant requests relief from Section 5(1)(b)(v) of Zoning By-law 3036, as
amended by By-law 2349/87 to permit the establishment of a total of 1149 dwelling
units over all the lands zoned "RHII" (220 dwelling units in the proposed apartment
building), whereas the by-law permits a maximum of 1137 dwelling units within all
the lands zoned "RHII" (208 dwelling units permitted in the proposed apartment
building).
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Section 5(1)(b)(vi)B of Zoning By-law 3036, as amended by By-law 2349/87, and
further varied by PICA 42/95 to reduce the minimum parking requirements to 1.1
parking spaces to be provided per dwelling unit for residential parking and a
minimum of 0.2 parking spaces to be provided per dwelling unit for visitor parking,
whereas the by-law requires a minimum of 1.3 parking spaces to be provided per
dwelling unit for residence parking, and a minimum of 0.2 parking spaces to be
provided per dwelling unit for visitor parking.
The Assistant Secretary-Treasurer outlined comments received from the City of
Pickering Planning & Development Department. Written comments were also
received from the Development Control Supervisor indicating no objections and
from Rick Johnson, Regional Ward 3 Councillor, indicating that he does not support
the reduction in parking variance.
Mr. Elio Zoffranieri, agent, and Mr. Michel Labbe, were present to represent the
application. Also present were Mr. David McConvey, Mr. Mosuy, and Mr. Dutley, all
residents of 1000 The Esplanade (Millennium Tower), Ms. June Kay, Mr. Ray Parker,
Mr. David Chipperfield, Mr. Hills, Ms. Shirley Grenis, and Ms. Linda Reid, all
residents of 1400 The Esplanade (Casitas).
Mr. Zoffranieri stated that he concurred with Planning Staff's recommendation.
Ms. Kay made comment with respect to the large turnout and thanked area
residents for taking the time to attend the meeting. She stated that the proposed
unit count does meet the high density requirements of the zoning by-law and is
confident that the 1.1 parking ratio for resident parking will be adhered to. She is
looking forward to having the site completed and also including representatives
from Options For Homes in future discussions. Ms. Kay inquired as to whether
there is a by-law that regulates the number of occupants permitted in a unit.
Mr. Pym responded that there is no municipal by-law that restricts the number of
occupants in a single unit.
Mr. McConvey inquired as to how Planning Staff determine that the parking ratio is
appropriate. Mr. Pym responded that Planning Staff review parking and a parking
and traffic consultant study is performed. The study indicated that the proposed
parking will meet the needs and Planning Staff concurred with the consultant's
recommendation.
Mr. Mosuy, Mr. Parker, Mr. Hills and Ms. Grenis expressed concerns with respect to
insufficient parking spaces, vehicles parking onto the street, especially on
weekends, and illegally parked cars in the visitor and resident parking spaces.
Mr. Zoffranieri outlined the current and proposed number of parking spaces and
stated that he will provide additional parking spaces in the future should there be a
demand for them.
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Ms. Reid stated that when she inquired into purchasing a parking space, that she
was told that there are no parking spaces available for sale and she is forced to
park on the street. In response to Ms. Reid's statement, Mr. Zoffranieri advised the
public that there are parking spaces available and are for sale.
Mr. Chipperfield asked if the Committee would consider tabling the application in
order to give area residents an opportunity to hire their own consultant. In reply to
a question, Mr. Pym stated that City Staff require the applicant to provide a parking
and traffic study at the expense of the applicant. The consultant group is highly
reputable and Planning Staff are confident that the firm is reliable.
Mr. Musey asked that each variance be dealt with separately. He expressed no
objection to the increased number of units for the building, but had concerns with
the reduced parking variance.
Mr. Ashe outlined the appeal process for the public. Ms. Billinger acknowledged the
concerns expressed by residents and asked the applicant how he intends to satisfy
the parking requirements in the future. Mr. Zoffranieri advised that a 2nd level
underground parking area is available for future parking.
Mr. Michel Labbe, representing Option For Homes, stated that 75% of the units for
the building must be sold before construction can proceed. Parking spaces are
being sold separately from the condominium unit price.
Mr. Dutley stated that he was in support of the application and had comments
regarding the price of the parking spaces.
Mr. Mohr made comments as to why he would be supporting the application. He
does not feel that the proposed number of parking spaces will affect area residents,
and clarified that the reduction in parking space variance is for resident parking, not
visitor parking.
DECISION: Moved by Mr. Mohr, seconded by Mr. Newton and carried unanimously
that-
Application PICA 63/02 by Discovery Place Ltd., as outlined be APPROVED on the
grounds that the proposed increase in total dwelling units over all lands zoned
"RHII" and proposed parking space reduction variance are minor variances,
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 a maximum 11-storey, 220 unit
residential apartment building constructed on the subject property, as
generally outlined on the applicant's submitted plans with this
application.
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2.
That the applicant obtain site plan approval, and buildings permits, to
construct the proposed residential apartment building, within two years
of the date of this decision, or the approval of these variances shall
become null and void.
8.
ADJOURNMENT
MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously
that-
The 14th meeting of the Committee of Adjustment be adjourned at 8:03 p.m. and the
next meeting of the Committee of Adjustment be held on
Wednesday, November 6, 2002.
MOTION CARRIED
"D(jLJ L, I\JJ
DATE
CHAIRMAN
~~.
SECRETARY~REASURER
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