HomeMy WebLinkAboutNovember 27, 2002
MINUTES of the 16th meeting of the Committee of Adjustment held in the Main
Committee Room of the Pickering Civic Complex on
Wednesday, November 27,2002.
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 7:05 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 15th meeting of the Committee of Adjustment held
November 6, 2002, be adopted.
MOTION CARRIED
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3.
ADOPTION OF 2003 MEETING SCHEDULE
Motion: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously-
That the Committee of Adjustment Meeting Schedule for 2003 be adopted.
MOTION CARRIED
4.
ADOPTION OF AGENDA
MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried
unanimously-
That the agenda for the November 27,2002 meeting be adopted.
MOTION CARRIED
5.
(Tabled from July 3, 2002 meeting)
PICA 28/02 - 1331302 Ontario Inc.
1535 Pickering Parkway
Block 3 to 6, Plan 40M-1231
City of Pickering
MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously
That item PICA 28/02, by 1331302 Ontario Inc. be lifted from the table.
MOTION CARRIED
The applicant requests relief from Section 5.21.1 (3) of Zoning By-law 3036, as
amended by By-law 1346/81 in order to obtain site plan approval and building
permits to establish two proposed self-storage warehouse buildings on the subject
property. The applicant requests approval to permit 58 parking spaces on the
subject property, whereas the by-law requires a minimum of 122 parking spaces on
the subject property.
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 and Development Control Supervisor, both
expressing no concerns.
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Mr. Ron Halliday, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Mr. Halliday stated that he concurred with Planning Staff's recommendation.
DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried
unanimously that-
That PICA 28/02, by 1331302 Ontario Inc., be APPROVED on the grounds that the
proposed variance to permit 58 parking spaces on the subject property is minor in
nature 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 buildings as generally sited
and outlined on the applicant's submitted plans with this application.
2. That the applicant obtain site plan approval and building permits and
construct the proposed buildings within two years of the date of this
decision, or this decision shall become null and void.
6.
PICA 67/02 -1381190 Ontario Ltd.
701 - 711 Krosno Blvd.
Block T, Plan M-15, (40R-21463, Parts 2,3)
City of Pickering
The applicant requests relief from Section 4(1) of Zoning By-law 2520, as amended
by By-law 6006/02, in order to redefine the accessory convenience items to include
the sale of items such as lottery tickets, candy, gum, chocolate bars, sliced bread,
bagged milk and other dairy products, in conjunction with the gas bar operation,
whereas the by-law states that accessory convenience items shall mean items that
are limited to coffee, chips, donuts, muffins, cake, cigarettes and beverages, in
single servings for immediate consumption by the traveling public, but shall not
include retail store, a neighbourhood convenience store, or any establishment
providing the sale of produce, canned goods, baked items (in quantity), meat or
poultry, andlor dairy products (not sold in single servings).
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 and Development Control Supervisor, both
expressing no concerns. Written comments were also received from Mark Holland,
Regional Ward 2 Councillor, Brian Belmont, the Solicitor representing Liverpool
South Plaza Inc., and from Maureen Charlton, Manager of Bay Ridges Market.
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Mr. Ramesh Patel, owner and Mr. Nick Givalas, agent, were present to represent the
application. Mr. Ed Aru, VP of Olco Petroleum, and Mr. Peter Matthew of
905 Krosno Blvd. were both present in support of the application. Also present
were Maureen Charlton, manager of Bay Ridges Market, Ms. Bergant of 704 Krosno
Blvd., and Mr. David Um, Bay Ridges market owner, all in objection to the
application.
Mr. Aru stated that he was in support of the application and made comments with
respect to reduced gas margins, that the applicant had cleaned up the site, and
believes that the sale of listed items will not pose a threat to the convenience store.
Mr. Matthew advised members that he has over 300 residents signaturesinfavour of
the application. He commented on the ideal hours of operation, the unique
selection, and to be given an option of where to purchase items.
Mr. Patel stated that he is not a grocery store and only wants to compete with
existing gas bars in Pickering. He submitted signatures of over 400 patrons of the
establishment indicating support of the application.
Mr. Givalas addressed concerns outlined in the letter submitted by Maureen
Charlton, manager of Bay Ridges Market. Mr. Givalas offered a brief history of the
property and outlined reasons for not appealing previous applications. He advised
that the owner wishes to enhance the site further and requires the selling of
additional items in order to compete with other gas bars.
Ms. Charlton stated that she was in objection to the application and outlined the
following reasons for her objection:
. a previous Committee of Adjustment decision and Council's decision
regarding a rezoning application gave the applicant two opportunities to
appeal but he did not proceed with an appeal;
. He continues to contravene the zoning by-law by selling lottery tickets;
. the community does not require another convenience store.
Ms. Bergant stated that she agreed in the past to the applicant selling coffee and
donuts but does not support the variance. She expressed concerns with potential
noise and traffic in the late hours.
Mr. Um, Bay Ridges Market owner stated that he has been in the business for
approximately 20 years serving the community. The applicant is requesting the sale
of items that are a major part of his business. He feels that allowing the applicant to
sell similar items would reflect a convenience store use which is clearly contrary to
the by-law.
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Mr. Givalas stated that he is willing to come to a compromise and eliminate certain
items should the Committee feel that bagged milk and sliced bread are not
appropriate items for sale.
MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously
that -
PICA 67/02 by 1381190 Ontario Ltd., be Tabled for 3 weeks in order to allow
Committee members time to review additional documentation and to allow the two
parties involved an opportunity to possibly discuss a compromise.
MOTION CARRIED
7.
ADJOURNMENT
MOTION: Moved by Ms. Billinger, seconded by Mr. Mohr and carried unanimously
that-
The 16th meeting of the Committee of Adjustment be adjourned at 8:30 p.m. and the
next meeting of the Committee of Adjustment be held on
Wednesday, December 18, 2002.
MOTION CARRIED
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