HomeMy WebLinkAboutDecember 18, 2002
MINUTES of the 17th meeting of the Committee of Adjustment held in the Main
Committee Room of the Pickering Civic Complex on
Wednesday, December 18,2002.
PRESENT:
Mr. K. Ashe
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 7:05 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. Newton and CARRIED
unanimously, that the minutes of the 16th meeting of the Committee of
Adjustment held November 27,2002, be adopted.
MOTION CARRIED
3.
ADOPTION OF AGENDA
MOTION: Moved by Mr. Newton, seconded by Mr. Young and CARRIED
unanimously, that the agenda for the December 18, 2002 meeting be adopted.
MOTION CARRIED
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4.
(Tabled from November 27, 2002 meeting)
P/CA67/02 -1381190 Ontario Ltd.
701 - 711 Krosno Blvd.
Block T, Plan M-15, (40R-21463, Parts 2, 3)
City of Pickering
MOTION: Moved by Ms. Billinger, seconded by Mr. Young and CARRIED
unanimously, that application PICA 67/02, by 1381190 Ontario Ltd. be lifted from
the table.
MOTION CARRIED
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, and/or 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., Maureen Charlton, Manager of Bay Ridges Market, and
from Bo Heum Park, Solicitor for David Lim, owner of the Bay Ridges Market.
Mr. Ramesh Patel, owner and Mr. Nick Givalas, agent, were present to represent
the application. Also present were Maureen Charlton, manager of Bay Ridges
Market, Ms. Bergant of Krosno Blvd., Mr. David Lim, Bay Ridges market owner,
Mr. Chris Wright of Ilona Park Road, Mr. Walter Norwood of Haller Ave., and
Ms. Janice Hafenbrack of Krosno Blvd., all in objection to the application.
Mr. Givalas outlined reasons for not appealing the previous decisions and offered
a brief history of the subject property. In addition to the previous petition
submitted at the last meeting, Mr. Patel submitted signatures of approximately
300 patrons of his establishment indicating support of the sale of listed items.
Mr. Lim stated that he welcomes healthy competition but believes that lottery
tickets, sliced bread and milk are traditionally convenience store items. To allow
the applicant to sell these items would be contrary to the by-law and he is
strongly opposed to the variance request.
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Mr. Wright, Mr. Norwood, Ms. Hafenbrack and Ms. Bergant all indicated
objections to the application. They feel that another convenience store is not
needed in the area and expressed concerns with vacant units currently in the
plaza, another convenience store would not help business of the Bay Ridges
Market, and the hours of operation of the gas bar.
Mr. Patel advised the Committee that his hours of operation are not unreasonable
and would operate from 6:00 am to 10:00 pm.
Mr. Mohr feels that the applicant's request is not major and that competition is a
healthy part of society. Mr. Patel has done an excellent job cleaning up the site
and feels that Council's decision was unique and incorrect.
MOTION: Moved by Mr. Mohr, seconded by Mr. Young that-
Application PICA 67/02, by 1381190 Ontario Ltd., be APPROVED on the grounds
that the proposed redefinitionlinterpretation of "accessory convenience items"
applicable to the subject lands 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 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.
VOTE:
Mr. Ashe
Ms. Billinger
Mr. Mohr
Mr. Newton
Mr. Young
opposed
opposed
in favour
opposed
opposed
MOTION DEFEATED
Mr. Ashe and Mr. Young both outlined the four tests of the Planning Act. They
feel that the variance fails one test, being that it does not meet the intent of the
zoning by-law as adopted by City Council in 2002. They both indicated that they
will be voting against the application.
DECISION: Moved by Mr. Young, seconded by Mr. Newton and CARRIED that-
Application PICA 67/02, by 1381190 Ontario Ltd., be REFUSED on the grounds
that the proposed redefinitionlinterpretation of "accessory convenience items"
applicable to the subject lands 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 do not meet the general intent and
purpose of the Zoning By-law.
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VOTE:
Mr. Ashe
Ms. Billinger
Mr. Mohr
Mr. Newton
Mr. Young
in favour
opposed
opposed
in favour
in favour
5.
PICA 68/02 - P. Campagna & D. Chiaravalloti
2705 Brock Road
Lot 18, Concession 3
City of Pickering
The applicants requests relief from the following provisions of Zoning By-law
3037, as amended, in order to obtain a building permit for a proposed shed, and
to recognize the existing situations on the subject property.
Section 5.18(c) to permit a maximum height of 5.5 metres to be provided by the
proposed shed on the subject property, whereas the by-law requires that no
accessory building shall exceed a height of 3.5 metres in any residential zone.
Section 6.2.1 to permit the continuance of a minimum lot frontage of 23.1 metres,
whereas the by-law requires a minimum lot frontage of 60 metres.
Section 6.2.1 to permit the continuance of a minimum lot area of 0.42 of a hectare,
whereas the by-law requires a minimum lot area of 0.8 of a hectare.
Section 6.2.1 to permit the continuance of a minimum 5.1 metre front yard depth
provided by the existing dwelling, whereas the by-law requires a minimum
12 metre front yard depth.
Section 6.2.1 to permit the continuance of a minimum 2.2 metre north side yard
width provided by the existing dwelling, whereas the by-law requires a minimum
3.0 metre side yard width.
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 expressing no concerns.
Mr. Tony Andreacchi, agent, was present to represent the application. Mr. Henry
Kahn, southerly-abutting property owner was present expressing concerns.
Mr. Andreacchi stated that he was in support of Staff's recommendation.
Mr. Kahn inquired as to the proposed use of the shed and stated that if the
applicant were to use the shed for vehicle repair then he would have an
environmental concern.
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Mr. Andreacchi stated that the shed will be used to store heavy equipment for his
own personal use, not intended for a commercial use.
Mr. Pym suggested that By-law Enforcement be called should Mr. Kahn feel that
there has been a violation of the zoning by-law.
DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED
unanimously that-
Application PICA 68/02, by P. Campagna & D. Chiaravalloti, be APPROVED on the
grounds that the proposed maximum 5.5 metre height for the proposed shed,
proposed continuance of a minimum 23.1 metre lot frontage, minimum 0.42 of a
hectare lot area, minimum 5.1 metre front yard depth and minimum 2.2 metre
north side yard width 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 shed, approximately
9.7 metres by 14.9 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
shed within two years of the date of this decision, or this decision shall
become null and void.
6.
PICA 69/02 - Silverlane Estates Inc.
(East of Altona Road, South of Strouds Lane)
Block 38, Plan 40M-2119
City of Pickering
The applicant requests relief from Section 5.6 of Zoning By-law 3036, as amended
by By-law 5892/01, to permit the establishment of townhouse lots, which do not
front on an opened 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 applicant has submitted this application requesting approval of a variance in
order to obtain site plan approval for the proposed development of townhouse
dwelling units on the subject lands.
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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 and from the Toronto & Region
Conservation Authority both stating no concerns or objections to the approval of
this application. Written comments were also received from the City's Fire
Prevention Officer stating no objection but requesting that appropriate Fire Route
signage be posted on the internal roadway.
Mr. Kevin Tunney, agent, was present to represent the application. Also present
was Mr. Tom Andrews of Altona Road, in objection to the application. Mr. Tunney
stated that he concurred with Staff's recommendation.
Mr. Andrews stated that he was sfrongly opposed to the variance and believes
that the variance is not minor since the proposed townhouse units will be
backing onto an environmentally sensitive area. He expressed concerns with
visitor parking spilling onto the street, that the site would support high density
development, that posted fire route signage would not be sufficient and
emergency vehicles would be unable to access the townhouse units.
Mr. Andrews asked Staff to clarify the intent of the zoning by-law.
Mr. Pym outlined the intent of the zoning by-law, the appropriateness of the
application, and clarified for Mr. Andrews the difference between medium density
versus high density.
DECISION: Moved by Mr. Young, seconded by Mr. Mohr and CARRIED
unanimously that-
Application PICA 69/02, by Silverlane Estates Inc. be APPROVED on the grounds
that the proposed establishment of lots which do not front on an opened public
street maintained at public expense to be 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.
7.
PICA 70/02 to PICA 71/02 - Silverlane Estates Inc.
(East of Altona Road, South of Strouds Lane)
Block 35, Plan 40M-2119
City of Pickering
101
MOTION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED
unanimously that the reading of PICA 70/02 to PICA 71/02, by Silverlane Estates
Inc. be dispensed with.
MOTION CARRIED
The applicant requests relief from Section 5(4)(b)(iv) of Zoning By-law 3036, as
amended by By-law 5892/01, to permit a maximum lot coverage of 48% provided
by proposed Part 2 and a maximum lot coverage of 44% for proposed Part 3,
whereas the by-law permits a maximum lot coverage of 40%.
The applicant has submitted these applications requesting approval of variances
in order to obtain site plan approval for the proposed development.
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 and the City's Fire Prevention
Officer, both expressing no concerns. Written comments were received from the
Toronto & Region Conservation Authority stating no objection to the approval of
these applications.
Mr. Kevin Tunney, agent, 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. Newton and carried
unanimously that-
Applications PICA 70/02 to PICA 71/02, by Silverlane Estates Inc. be APPROVED
on the grounds that the increased lot coverage for proposed Part 2 and Part 3 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 development as
sited and outlined on the applicant's submitted plans with this
application.
2. That the applicant obtain a building permit and construct the
proposed townhouse units within two years of the date of this
decision, or these variances shall become null and void.
102
8.
PICA 72/02 to PICA 73/02 - Silverlane Estates Inc.
(East of Altona Road, North of Strouds Lane)
Block 45, Plan 40M-2119
City of Pickering
The applicant requests relief from Section 5(3)(b)(i) of Zoning By-law 3036, as
amended by By-law 5892/01, to permit a minimum lot area of 178 square metres
for proposed Part 18 and a minimum lot area of 165 square metres for proposed
Part 19, whereas the by-law requires a minimum lot area of 180 square metres.
The applicant has submitted these applications requesting approval of variances
in order to obtain site plan approval for the proposed development.
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 expressing no concerns and
from the Toronto & Region Conservation Authority stating no objection to the
approval of these applications.
Mr. Kevin Tunney, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Mr. Tunney feels that the variances are minor in nature and in keeping with the
spirit and intent of the zoning by-law.
Mr. Ashe stated that David Pickles, City Councillor Ward 3, and Rick Johnson,
Regional Councillor Ward 3, both indicated no objection to the variances.
Mr. Ashe feels that the variances are minor and still in keeping with the intent of
the by-law.
In response to a question, Mr. Pym stated that lot lines can be adjusted or
redesign of the building in order to comply with the zoning by-law.
DECISION: Moved by Mr. Young, seconded by Mr. Newton and CARRIED
unanimously that-
Applications PICA 72/02 to PICA 73/02, by Silverlane Estates Inc. be APPROVED
on the grounds that the reduced lot areas for proposed Part 18 and Part 19 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 development as sited and
outlined on the applicant's submitted plans with this application.
2. That the applicant obtain a building permit and construct the proposed
townhouse units within two years of the date of this decision, or these
variances shall become null and void.
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9.
ADJOURNMENT
MOTION: Moved by Mr. Young, seconded by Mr. Mohr and CARRIED
unanimously that-
The 17th 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, January 15, 2002.
MOTION CARRIED
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SECRETARY~REASURER
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