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HomeMy WebLinkAboutApril 9, 2003 MINUTES of the 5th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, April 9, 2003. 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 Mr. Mohr, seconded by Ms. Billinger and CARRIED, that the minutes of the 4th meeting of the Committee of Adjustment held March 19,2003, be adopted, as amended. MOTION CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED unanimously, that the agenda for the April 9, 2003 meeting be adopted. MOTION CARRIED 28 4. PICA 11/03 - The Corporation of the City of Pickering (East side of Glen Eden Court) Block 7, Plan 40M-1599 MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED unanimously that PICA 11/03, by the Corporation of the City of Pickering be lifted from the table. MOTION CARRIED 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. Ron Taylor, Economic Development Officer for the City of Pickering, was present to represent the application. Also present were Bryan McKinlay, of 1448 Highbush Trail (owner of 1128 Glen Eden) and luc Hummel (tenant), both in objection to the application. Mr. Taylor provided a brief history of the subject lands. Council deemed the subject lands appropriate to remain as residential property with conditions that would provide a greater setback and that abutting land owners are granted the right of first refusal. Alternative uses are not desirable for the lands. Mr. Taylor provided a staff report, Council resolution, and illustrations of the subject property and stated that he concurred with Staff's recommendation. Mr. McKinley stated that alternative uses of the property were not conveyed to area residents at the initial meeting with City staff. Mr. McKinley expressed concerns with increase in property tax, reduced sunlight as a result of the proposed dwellings and insufficient parking on the street. Mr. Hummel advised the Committee that many area children are currently using the property as a play area. In response to a question, Mr. Pym stated that prospective owners of the lands are not obligated to build a dwelling. lands that are intended for parkland are specifically zoned for park purposes. 29 Mr. Taylor added that Ward Councillors were involved with the initial meetings and are continuing to follow the process. Mr. Mohr voiced negative comments with respect to how the City managed the development of these lands and would not be supporting the variance. DECISION: Moved by Mr. Young, seconded by Mr. Newton and CARRIED that - Application PICA 11/03 by The Corporation of the City of Pickering be APPROVED on the grounds that the proposed establishment of a total of 36 dwelling units on the subject lands, being lands zoned "SD-SA" 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 in favour opposed opposed in favour in favour 5. PICA 12/03 - I. & L. McCullough 1789 Helm Street Part lot 69, Plan 1041 The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: Section 10.2.3 to permit the establishment of a minimum 6.0 metre front yard setback to be provided by the proposed dwelling on a proposed lot, whereas the by-law requires a minimum front yard setback of 7.5 metres. Section 10.2.3 to permit the establishment of a minimum 1.2 metre north side yard setback and a minimum 1.2 metre south side yard setback to be provided by the proposed dwelling on a proposed lot, whereas the by-law requires a minimum side yard setback of 1.5 metres. Section 10.2.6 to permit a maximum lot coverage of 38% to be provided by the proposed dwelling on a proposed lot, whereas the by-law states that the lot coverage shall not exceed 33%. The applicants request approval of these variances in order to obtain a building permit for the construction of a residential dwelling. 30 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 the City's Fire Prevention Officer, both expressing no objections, and from Rick Johnson, Regional Councillor - Ward 3, in support of the application. Mr. Ian McCullough, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. McCullough stated that his intent is to sever the subject property and concurred with Staff's recommendation. DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and CARRIED unanimously that - Application PICA 12/03, by I. & L. McCullough be APPROVED on the grounds that the proposed minimum 6.0 metre front yard setback, minimum 1.2 metre north and south side yard setback, and maximum 38% lot coverage to be provided by the proposed 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 dwelling, approximately 288 square 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 dwelling within two years of the date of this decision, or this decision shall become null and void. 3. That the applicant finalize the associated land Severance Application lD 57/03 prior to the issuance of a building permit, or this decision shall become null and void. 6. PICA 13/03 - 1490737 Ontario Inc. 316 Mapleview Court lot 15, Plan 40M-2099 The applicant requests relief from Section 5.(1 )(b)(vi) of Zoning By-law 3036, as amended by By-law 5983/02 to permit the establishment of a minimum 7.35 metre rear yard depth to be provided by the proposed detached dwelling on the subject property, whereas the by-law requires a minimum 7.5 metre rear yard depth. 31 The applicant requests approval of this variance in order to recognize the existing situation. 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 the City's Fire Prevention Officer, both expressing no objections. Mr. McCullough of Marshall Homes was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. McCullough stated that the reduced rear yard was due to a siting error at the time of construction. DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED unanimously that - Application PICA 13/03, by 1490737 Ontario Inc. be APPROVED on the grounds that the proposed establishment of a minimum 7.35 metre rear yard depth to be provided by the detached dwelling 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. 7. ADJOURNMENT MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger and CARRIED unanimously that- The 5th meeting of the Committee of Adjustment be adjourned at 7:45 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, April 30, 2003. MOTION CARRIED fnd 0/03 DATE i.fÚÐ - - <, SECRETARY-TREASURER 32