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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 18 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. 19 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 20 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 21 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. 22 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. 23 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; . 24 - 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. 25 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. 26 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 ~rr \~ I Cr~ DATE ~ -iwJ ,1 ,- I 1,1- :JrJ- (;HAJ~w:A~ SECRETARY-TREASURER 27