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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 96 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. 97 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. 98 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. 99 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. 100 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. 103 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 ~(v/\ \S \ \J-:) D E .- ...----. ~~- SECRETARY~REASURER 104