HomeMy WebLinkAboutMarch 19, 2003
MINUTES of the 4th meeting of the Committee of Adjustment held in the Council
Chambers of the Pickering Civic Complex on Wednesday, March 19, 2003.
PRESENT:
Mr. K. Ashe
Ms. M. Billinger
Mr. T. Mohr
Mr. C. Young
ALSO PRESENT:
Mr. R. Pym, Assistant Secretary-Treasurer
Mrs. F. Niro, Secretary-Treasurer
ABSENT:
Mr. E. Newton
The meeting convened at 7:09 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 Mr. Young and CARRIED
unanimously, that the minutes of the 3rd meeting of the Committee of Adjustment
held February 26, 2003, be adopted.
MOTION CARRIED
3.
ADOPTION OF AGENDA
MOTION: Moved by Ms. Billinger, seconded by Mr. Young and CARRIED
unanimously, that the agenda for the March 19, 2003 meeting be adopted.
MOTION CARRIED
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4.
(Tabled from the February 26, 2003 meeting)
PICA 8/03 & PICA 9/03 - C. & A. Benedetto
1954 Spruce Hill Road
lot 4, Plan 1041
MOTION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED
unanimously that PICA 8/03 and PICA 9/03, by C. & A. Benedetto be lifted from the
table.
MOTION CARRIED
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, Frank and Donna Sguigna of
1951 Spruce Hill Road, Ovidio Sbrissa Architects Inc.lDurham Engineering Ltd.,
David Donaldson of 1963 Spruce Hill Road, Frank & Susan Heath of 1944A Spruce
Hill Road, Mr. & Mrs. William Girling of 1959 Spruce Hill Road, Mr. Gord Wood of'
1946 Spruce Hill Road, all expressing concerns.
Mr. Jim Naumovski, agent, was present to represent the application. Also
present were Derek Shortt of 1953 Spruce Hill Road, Bill Girling of 1959 Spruce
Hill Road, Frank & Karen Heath of 1944A Spruce Hill Road, and Martin Topolie of
Durham Engineering Ltd. representing Mr. MacPherson and Karl Reichel of
1948 Spruce Hill Road, all in opposition to the application.
Mr. Topolie made reference to a skewed front lot line which would provide the
resultant lots with a 12.53 metre wide lot frontage. He feels the variance is not
minor and should go through a proper rezoning application. The proposed
dwellings would not be in keeping with the existing neighbourhood.
Mr. Shortt, advised the members that adjacent properties are much larger lots
and expressed concern with the reduced lot frontages setting a precedent in the
area.
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Mr. Girling submitted a petition with signatures from area residents opposing the
application but would have no objection to the approval of one residential
dwelling unit on the subject lands. He feels the variance is not minor and should
be denied.
Mr. Heath stated that the homes would not be in keeping with the existing
streetscape. Mr. Reichel would find the construction of one dwelling unit to be
suitable for the existing neighbourhood. Ms. Heath stated that she was opposed
to the variances and expressed concerns with lower property values and the
change in neighbourhood atmosphere.
Ms. Billinger asked for clarification as to the lot frontage measurement and asked
the applicant what type of home he intends on constructing. Mr. Naumovski
submitted photographs of the type of home he proposes to construct and
photographs showing similar homes in the area.
Mr. Pym advised the Committee that the Durham Region land Division Committee
approved the associated land Severance Application subject to conditions as
outlined by the City.
Mr. Mohr stated that he would not be supporting the application. He feels the
width of the property is a concern expressed by neighbours and it will not be in
keeping with the existing neighbourhood.
DECISION: Moved by Ms. Billinger, seconded by Mr. Young and CARRIED that-
Applications PICA 8/03 & PICA 9/03 by C. & A. Benedetto, be APPROVED on the
grounds that the proposed minimum 13.9 metre lot frontage provided by the
proposed severed and retained parcels on the subject property 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 condition:
1. That the applicant finalize associated land Severance Application
lD 36/03 prior to the issuance of a building permit, or this decision shall
become null and void.
VOTE
Mr. Ashe; in favour
Ms. Billinger; in favour
Mr. Mohr; opposed
Mr. Young; in favour
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5.
PICA 11/03 - The Corporation of the City of Pickering
(East side of Glen Eden Court)
Block 7, Plan 40M-1599
The applicant requests relief from Section 5.(1 )(b)(xi) of Zoning By-law 3036, as
amended by By-law 2896/88, to permit the establishment of a total of 36 dwelling
units on the subject lands, being lands zoned "SD-SA", whereas the by-law states
that no more than 34 dwelling units shall be permitted on the lands designated
"SD-SA" that are subject to By-law 2896/88.
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 expressing no
objections.
Mr. Pym, was present to represent the application. Also present were
Bryan McKinlay, of 1448 Highbush Trail (owner of 1128 Glen Eden) and Denise
Wagner of 1134 Kingston Road, both in objection to the application.
Mr. Pym advised that City Council recently declared these lands surplus and
authorized their conveyance.
Mr. McKinlay stated that he has had discussions with City Staff and offered a
brief history of the subject lands. He is opposed to the application and
expressed concerns with lack of sunlight by the proposed dwellings, reduced
property value and had concerns with parking on the street. He stated that
children in the area are currently using the lands as a playground and urged the
Committee to reconsider the use of the subject lands.
Ms. Wagner stated that originally the City's intent was for future access from
Dixie Road to Walnut lane. Mr. Pym responded that access is being provided by
right-of-way agreements on the private properties as they redevelop.
MOTION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED that-
Application PICA 11/03 by The Corporation of the City of Pickering be Tabled for
3 weeks in order to give property owners an opportunity to approach the City and
discuss alternative uses for the subject lands.
MOTION CARRIED
VOTE
Mr. Ashe; opposed
Ms. Billinger; in favour
Mr. Mohr; in favour
Mr. Young; infavour
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6.
(Tabled from the November 29, 2000 meeting)
PICA 56/00 - R. & S. Johnson
(South of Uxbridge-Pickering Townline, east of Westney Road)
North Part of lot 8, Concession 9
MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger and CARRIED
unanimously that PICA 56/00, by R. & S. Johnson be lifted from the table.
MOTION CARRIED
The revised application requests relief from Section 5.6 of Zoning By-law 3037, as
amended in order to permit the construction and use of a building on a lot which
does not front on an opened public street maintained at public expense, but is
accessed through alternative arrangements, whereas the by-law states that no
person shall erect or use any building on a lot which does not front on an opened
public street maintained at public expense.
The applicant wishes to permit the existing access over the Pickering-Uxbridge
Townline road allowance to meet the frontage requirements of the By-law, in
order to obtain a building permit to construct a building(s) on the subject lands.
The Assistant Secretary-Treasurer outlined comments received from the City of
Pickering Planning & Development Department. Written comments were also
received from the following:
City's Fire Services, requesting that the portion of the Townline road allowance
from Westney Road to the access point on the private property be built and
maintained to support fire response vehicles and is accessible at all times.
The Toronto and Region Conservation Authority stating no objection subject to
the Townline road allowance being available to the public for use as part of the
Trans Canada Trail and to permit the Authority access to their lands that abut the
Townline right-of-way;
Durham Region Health Department and the City's Development Control
Supervisor, expressing no objections;
Township of Uxbridge requesting that the application be tabled in order to give
the Township an opportunity to review the application in detail;
John Polanyi, area resident, Alastair Gillespie, resident of North Pickering, east of
Brock Road, William Wilder of 5335 Sideline #12, all objecting to the application.
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Doris Hoskin of Sideline 8, in support of the application subject to certain
conditions.
Mr. Richard Harrison, agent, was present to represent the application. Also
present were the following residents:
Jeff O'Byrne of 5100 Sideline 8; Les Fisher of 2250 Sideline 8; Ruth Taylor of 2630
Concession 7; Paul White of 507 Cliffview Road; Ron Dewell of Toronto and
Region Conservation Authority; Dan Barkey of 1658 Townline; Sheldon Rankin of
5025 Sideline 8; Dan Pettit of 2660 Ninth Concession Road; Michael Tucker of
2580 Concession 7; Brian Buckles of 2300 Concession 7; David Currie; Liz Currie
of 5160 Westney Road; Doris Hoskin of Sideline 8.
Mr. Harrison outlined reasons for the variance request and asked the Committee
to delete Condition #4 and #6 from Planning Staff's recommendation adding that
conditions are unnecessary and onerous. Mr. Harrison provided an opinion on
the Oak Ridges Moraine Conservation Plan and how in his opinion the application
conforms to the Plan. Mr. Harrison advised members that the applicant is
prepared to enter into an agreement with the City of Pickering and asked that the
Committee approve the application.
Mr. O'Byrne stated that he was in favour of the application, subject to the
following conditions being imposed:
- that full access be granted to the Hoskins family to allow them to
access their property along the proposed right-of-way;
- that all construction andlor roadwork be environmentally sensitive and
conform to the Oak Ridges Moraine Conservation Plan;
- that surrounding neighbours rights, tranquility and privacy be
respected;
- that all required services be along the proposed right-of-way;
- that the driveway to the proposed dwelling be entirely on the applicants
land.
Mr. Fisher stated that he was in favour of the application and suggested that the
applicant's property may not exist within the Trans Canada Hiking Trail,
therefore, may not be required to comply with their restrictions.
Ruth Taylor was present on behalf of Doris Hoskins. She offered a brief history
of the Hoskins property and stated that she was in favour of the application
subject to the following conditions:
- authorized vehicle access to the Hoskins property along the subject
road;
If the landowners of the Hoskins property were to apply for a building
permit, that they be eligible to qualify to meet the requirements of the
zoning by-laws.
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Mr. White commented on favourable decisions of similar applications within other
municipalities and feels that the applicant did not approach this request in a
devious manner.
Mr. Dewell of the Toronto and Region Conservation Authority advised the
members that they are a major property owner in the area and asked that the
following conditions be imposed:
- that TRCA have walking access to the property;
- that the public have walking access to TRCA property;
- that controls be put in place as to vehicle access (Mr. Dewell expressed
concerns with unauthorized vehicle access to the TRCA lands);
- assurance that the applicant conforms to the Oak Ridges Moraine Plan.
Mr. Barkey stated that Mr. Johnson should have the right to gain access to his
lands and should be able to construct a home.
Mr. Rankin stated that when the application was initially tabled in November of
2000, he felt that the application was premature. He asked that the following
conditions be imposed:
confirmation that the applicant will construct a single family dwelling;
- time frame for the proposed construction;
- offer full access to the Hoskins property;
- that the driveway be constructed entirely on the applicant's property;
- that the applicant be environmentally sensitive and conform to the Oak
Ridges Moraine Plan.
Mr. Pettit stated that he was in favour of the application and concurred with the
comments expressed by Mr. Rankin.
Mr. Tucker, speaking as president of the Durham Conservation Association and
as chair of the Toronto and Region Conservation Authority Trails sub-committee
for their lands in north Pickering and Uxbridge. Durham Conservation (DCA) is
opposed to the application because they feel that there has not been enough time
to investigate the legal and environmental issues. They wish to address the
following issues:
- that the applicant's attempt to grandfather the application to an earlier
one should be examined and judged by independent legal council. The
applicant's request to change the access route from Sideline 8 to
PickeringlUxbridge Townline should be reviewed;
- that the applicant has not provided specifications for the roadway that
they propose to construct; .
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- that the applicant establish that they will not require an amendment to
the Minutes of Settlement between the City of Pickering and Township
of Uxbridge for material alterations or improvements. He feels that
material improvements will likely be contrary to the requirements of the
Oak Ridges Moraine Plan;
- An improved road would allow access for owners of snowmobiles and
A TV's who will use it to access TRCA lands to the north and south of
the Townline.
access to the Johnson property should be from sideline #8, not the
Townline.
Mr. Tucker stated that access for the Hoskins or TRCA property should not be
impacted. He questioned how Hydro service will be brought to the Johnson
property and that there should be no impacts from any services. Mr. Tucker
strongly suggested that this application be tabled until the applicant can address
the issues outlined above.
Mr. Buckles, of Green Door Alliance, outlined comments expressed by
Mr. Polanyi in a written letter opposing the variance, and concerns expressed by
Mr. Turner. He advised the Committee that the Township of Uxbridge
recommended tabling the application and feels that the applicant's request is in
conflict with the Minutes of Settlement and the Oak Ridges Moraine Conservation
Plan. He would prefer access be by Sideline #8 and not Townline. No obstacle
should be put on the Hoskins in terms of access to their property.
Mr. Currie stated that he concurred with comments outlined by Mr. Tucker and
asked that the Committee endorse them. Mrs. Currie asked for clarification of the
notification process and feels that a 60 metre radius, as stated in the Planning
Act, is not sufficient for public notification in a rural area.
Mr. Harrison made the following comments to the issues expressed by residents:
- that there will be shared access to the Hoskins property;
road requirements will be implemented as required by the Oak Ridges
Moraine Plan;
- that the driveway will be entirely on the applicant's property;
- that the applicant's intent is to construct a modest single family
dwelling which is not major development in the Oak Ridges Moraine
Plan and would maintain tranquility and privacy;
Mr. Harrison submitted photographs of posted signs notifying area
residents of the meeting, as required under the Planning Act.
Ms. Hoskins stated that she appreciated the public turnout and made comments
with respect to access.
In response to a question on multiple parties having vehicle access rights,
Mr. Pym stated that it is a legal matter regarding maintenance and liability of the
proposed road.
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Richard Harrison stated he would undertake on behalf of R. & S. Johnson that
they would not object to others using the road subject to appropriate agreements
with all parties.
Mr. Ashe, Mr. Mohr and Ms. Billinger all stated that they would be supporting the
application and feel comfortable that the conditions as stated in Planning Staff's
recommendation will address all issues expressed by the public.
DECISION: Moved by Mr. Young, seconded by Mr. Mohr and CARRIED
unanimously that -
Application PICA 56/00 by R. & S. Johnson, be APPROVED on the grounds that
the proposed variance to permit the construction and use of a building on a lot
which does not front on an opened public street maintained at public expense,
but is accessed through an alternate arrangement, 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 Zoning By-law, subject to the
following conditions of approval:
1. That the owner enter into appropriate agreement(s), as necessary,
regarding access and maintenance of Pickering-Uxbridge Townline road
allowance to the subject property to allow construction of a driveway
meeting emergency vehicle and trail specifications as set out by the City of
Pickering in consultation with the Toronto and Region Conservation
Authority.
2. That the owner of the subject property enter into an appropriate agreement
with and in a form satisfactory to the City of Pickering within two years of
the date of this decision, acknowledging, among other things:
. that garbage and recycling pick-up will not be extended along the
unopened road allowance;
. that the owner be responsible to clear snow and maintain all access
contained within the unopened portion of the Pickering-Uxbridge
Townline road allowance to the subject property at an engineering
standard acceptable to the City;
. that the owner indemnify the City of all liability pertaining to the
owner's use of any of the unopened road allowance at the owner's
expense, prior to the issuance of any building permit on the subject
lands.
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3. That prior to any construction or improvements of any kind on the
Pickering-Uxbridge Townline right-of-way the owner submit plans to the
satisfaction of the City of Pickering that detail all works required for any
improvements to the Pickering-Uxbridge Townline road allowance,
between Westney Road and the driveway on the subject property, that are
necessary to accommodate emergency vehicles and pedestrian usage.
4. That prior to any construction or improvements of any kind on the
Pickering-Uxbridge Townline road allowance, the driveway on private
property or the construction of a detached dwelling and accessory
buildings, the owner submit a report to the satisfaction of the City of
Pickering from a qualified professional that demonstrates that all proposed
construction conforms to the Oak Ridges Moraine Conservation Plan.
5. That this variance only apply to the use of the land for a detached dwelling
andlor agricultural uses permitted by Section 6.1.2 of Zoning By-law 3037.
7.
ADJOURNMENT
MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger and CARRIED
unanimously that-
The 4th meeting of the Committee of Adjustment be adjourned at 9:30 p.m. and the
next meeting of the Committee of Adjustment be held on
Wednesday, April 9, 2003.
MOTION CARRIED
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