HomeMy WebLinkAboutFebruary 23, 2003
MINUTES of the 3rd meeting of the Committee of Adjustment held in the Main
Committee Room of the Pickering Civic Complex on
Wednesday, February 26, 2003.
PRESENT:
Mr. K. Ashe
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 Mr. Mohr, seconded by Mr. Newton and CARRIED
unanimously, that the minutes of the 2nd meeting of the Committee of
Adjustment held February 5, 2003, be adopted, as amended.
MOTION CARRIED
3.
ADOPTION OF AGENDA
MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and CARRIED
unanimously, that the agenda for the February 26, 2003 meeting be adopted.
MOTION CARRIED
4.
OTHER MATTERS
Mr. Ashe, on behalf of the Committee, expressed condolences to Mr. Young.
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5.
PICA 5/03 - Purdue Pharma Inc.
580 Granite Court
Part lot 30, Range 3, B.F.C.
(40R-11999, Parts 1 to 5)
The applicant requests relief from the following provisions of Zoning
By-law 2511, as varied by PICA 30/95:
Section 5.21.1 (2) & (3) to permit the establishment of a total of 81 parking spaces
to be provided on the subject property, whereas the property requires 92 parking
spaces as per PICA 30/95.
Section 5.21.2(b) to permit the establishment of a minimum 1.4 metre parking
setback from the east side property line, whereas the by-law states that side yard
parking shall only be permitted no closer than 7.5 metres from the side lot line on
one side and 1.5 metres on the other side.
The applicant requests approval of these variances in order to obtain site plan
approval to allow for the widening of a truck entrance 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, City's Fire Prevention
Officer, the Ministry of Transportation and Toronto and Region Conservation
Authority, all expressing no objections.
Mr. Jim McBirnie, 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. Mohr and CARRIED
unanimously that -
Application PICA 5/03 by Purdue Pharma Inc., be APPROVED on the grounds that
the proposed establishment of a total of 81 parking spaces to be provided on the
subject property, and establishment of a minimum 1.4 metre parking setback
from the east side property line 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 buildings as generally sited and
outlined on the applicant's submitted plans with this application.
2. That the applicant obtain site plan approval within two years of the date of
this decision, or this decision shall become null and void.
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6.
PICA 6/03 - D. Ritchie & D. lavallee
699 Front Road
Part of lot 3, Block E, Plan 65
The applicant requests relief from the following provisions of Zoning
By-law 2511, as amended:
Section 5.19(b)A, to permit the establishment of a minimum 0.3 metre east and
south setback for an accessory structure to be provided by the proposed
detached garage on the subject property, whereas the by-law requires a minimum
accessory building setback of 1.0 metres.
Section 10.2.6, to permit the establishment of a maximum lot coverage of 38% to
be provided by the existing dwelling and proposed detached garage on the
subject property, whereas the by-law permits a maximum lot coverage of 33%.
The applicants request approval of these variances in order to obtain a building
permit for a new detached garage 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 Fire Prevention Officer expressing no objections, and
from the City's Development Control Supervisor requesting that that the applicant
be required to ensure that the existing drainage patterns andlor drainage of
adjacent properties are not adversely affected by the proposed structure.
Mr. Ritchie, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Mr. Ritchie submitted photographs for members to view. He stated that the
proposed garage is not out of line with existing garages in the area and that the
garage is required for boat and vehicle storage.
DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and CARRIED
unanimously that -
Application PICA 6/03 by D. Ritchie & D. lavallee, be APPROVED on the grounds
that the proposed minimum 0.3 metre east and south setback for an accessory
structure to be provided by the proposed detached garage, and maximum lot
coverage of 38% 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 this variance apply only to the proposed garage 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 garage
within two years of the date of this decision, or this decision shall
become null and void.
7.
PICA 7/03 - C. Howells
556 Pine Ridge Road
lot 126, Plan 283
The applicant requests relief from Section 9.2.3 of Zoning By-law 2511, as
amended, to permit the establishment of a minimum 1.6 metre north side yard
width and minimum 1.3 metre south side yard width to the proposed addition and
attached garage, whereas the by-law requires a minimum 1.8 metres on one side
and 1.8 metres on the other side where a garage is erected as part of a detached
dwelling.
The applicant requests approval of this variance in order to obtain a building
permit for internal and external renovations to the existing dwelling 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, City's Fire Prevention
Officer and the Toronto and Region Conservation Authority, all expressing no
objections. Also received was a telephone call from an abutting neighbour
verbally objecting to the application.
Mr. and Mrs. Howells, owners, were present to represent the application. No
further representation was present in favour of or in objection to the application.
Mr. Rick Johnson, Ward 3 Regional Councillor, was present on behalf of
Mr. Albert Doria, northerly-abutting neighbour.
Mr. Howells outlined reasons for the requested variance adding that the existing
side yards will not be altered.
Mr. Johnson advised that Mr. Doria was out of the country and could not be
present for the meeting. Mr. Doria voiced some concerns to Councillor Johnson.
Councillor Johnson stated that he finds the application acceptable and will relay
his comments to Mr. Doria.
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DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED
unanimously that -
Application PICA 7/03 by C. Howells, be APPROVED on the grounds that the
proposed minimum 1.6 metre north side yard width and minimum 1.3 metre south
side yard width 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 addition including attached
garage, 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 addition within two years of the date of this decision, or
this decision shall become null and void.
8.
PICA 8/03 & PICA 9/03 - C. & A. Benedetto
1954 Spruce Hill Road
lot 4, Plan 1041
The applicant requests relief from Section 10.2.1 of Zoning By-law 3036, as
amended, to permit the establishment of a minimum 13.9 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 15 metres.
The applicants request approval of these variances in order to facilitate the
associated land severance application.
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 and Fire Prevention
Officer, both expressing no objections. Written comments were received from
Jan de Vries, residing at 1947 Spruce Hill Road, and Frank and Donna Sguigna of
1951 Spruce Hill Road, all in objection to the application.
Mr. Jim Naumovski, agent, was present to represent the application. Also
present were the following residents in opposition to the application: Mr. Frank
Heath of 1944A Spruce Hill Road; Mr. Robert Cubbage of 1962 Spruce Hill Road;
Mr. Karl Reichel of 1948 Spruce Hill Road; Mr. Eric Short of 1953 Spruce Hill
Road; Mr. William Girling of 1959 Spruce Hill Road.
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The above-noted residents expressed objections to the variances and voiced
concerns that the property is situated on a rural street and would not fit into the
existing streetscape; smaller frontage may devalue properties, will not enhance
the area; may set a precedent;
Mr. Short inquired as to whether the properties would be wide enough to
accommodate a dwelling without the need for future variances. Mr. Girling
submitted a petition, which included the signatures of 25 area residents,
indicating opposition to the variances.
In response to a question, Mr. Pym advised that the applicant must comply with
the zoning by-law or have relief granted through a minor variance in order to
proceed with the associated land severance application.
Mr. Naumovski stated that he will be able to accommodate dwellings on the
properties and does not envision future variances.
MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and CARRIED that -
Applications PICA 8/03 & PICA 9/03 by C. & A. Benedetto, be TABLED until the
March 19,2003 meeting, in order to give the members an opportunity to view the
subject property.
VOTE
Mr. Ashe; opposed
Ms. Billinger; in favour
Mr. Mohr; in favour
Mr. Newton; in favour
MOTION CARRIED
9.
PICA 10/03 - lydia Dobbin
1495 Whites Road
Part lot 28, Range 3, B.F.C.
(40R-14431 , Part 1)
The applicant requests relief from the following provisions of Zoning
By-law 3036, as amended by By-law 6010/02:
Section 4(1 )(a) to permit multiple dwellinQ-horizontal townhouse units on lands
cross-hatched on Schedule I of Zoning By-law 3036, as amended by By-law
6010/02, whereas the by-law states that no person shall within the lands
designated "RMM-4" on Schedule I use any building or structure for any purpose
except multiple dwellinQ-vertical.
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Section 4(2)(a)A to permit the establishment of a minimum 6.0 metre south side
yard setback, whereas the by-law states that no multiple dwelling - vertical or
horizontal shall be erected outside the building envelope, and shall have a south
side yard setback of 7.0 metres.
Section 4(2)(b)A to permit a minimum building height of 3 functional storeys,
whereas the by-law states that within the cross-hatched area shown on
Schedule I, the minimum building height shall be 4 functional storeys and the
maximum building height shall be 18 metres and 4 storeys.
The applicant requests approval of these variances in order to obtain site plan
approval and building permits for the development of townhouse units 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, City's Fire Prevention
Officer, and Region of Durham Transportation Planning & Design Department, all
expressing no objections.
Mr. Vincent Santamaura, Architect for Cassidy & Co., was present to represent
the application. Also present were Ms. Sylvia Spencer of 771 Sheppard Avenue
and Irene McNamara of 752 Sheppard Avenue, both in objection to the
application.
Mr. Santamaura outlined reasons for the variances adding that the building
massing will remain the same.
Ms. Spencer stated she was in objection to the variance and addressed issues,
which included lack of quality of life, odours emitting from the existing
restaurants, noise, lack of sunlight and possible loitering. She feels that the
intent of the by-law was to give visual interest to the area.
Ms. McNamara stated that she does not see a need for the variances and asked
for clarification as to the "common element act". She questioned the need for the
dwelling units to be situated closer to the restaurants.
Mr. Santamaura provided illustrations of the proposed development and
addressed the concerns voiced by area residents. He feels that the requests still
meet the intent and vision of Council without altering the density.
Mr. Mohr asked Councillor Johnson questions with respect to the application.
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DECISION: Moved by Mr. Mohr, seconded by Mr. Newton and CARRIED that -
Application PICA 10/03 by lydia Dobbin, be APPROVED on the grounds that the
proposed establishment of a minimum 6.0 metre south side yard setback, a
minimum of 3 functional floors, and the proposed establishment of multiple
dwelling-horizontal townhouse units on lands cross-hatched on Schedule I of
Zoning By-law 3036, as amended by By-law 6010/02 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 townhouse units, 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 development within two years of the
date of this decision, or this decision shall become null and void.
VOTE
Mr. Ashe; in favour
Ms. Billinger; opposed
Mr. Mohr; in favour
Mr. Newton; in favour
10.
ADJOURNMENT
MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger and CARRIED
unanimously that-
The 3rd meeting of the Committee of Adjustment be adjourned at 8:25 p.m. and the
next meeting of the Committee of Adjustment be held on
Wednesday, March 19,2003.
MOTION CARRIED
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DATE
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SECRETARY-TREASURER
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