HomeMy WebLinkAboutJuly 23, 2003
MINUTES of the 9th meeting of the Committee of Adjustment held in the Main
Committee Room of the Pickering Civic Complex on Wednesday, July 23, 2003.
PRESENT:
Mr. K. Ashe (Chairperson)
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 7:00 pm 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. Young, seconded by Mr. Mohr, and CARRIED
unanimously that the minutes of the 8th meeting of the Committee of Adjustment
held Wednesday, July 2,2003, be adopted.
MOTION CARRIED
3.
ADOPTION OF AGENDA
MOTION: Moved by Mr. Newton, seconded by Ms. Billinger, and CARRIED
unanimously that the agenda for the July 23, 2003 meeting be adopted.
MOTION CARRIED
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4.
(Deferred from the July 2, 2003 meeting)
PICA 28/03 - S. & S. Torok
1829 Appleview Road
Part of lot 17 A, Plan 1051
(Part 2, Plan 40R-17450)
City of Pickering
The applicant requests relief from Section 5.18(a) of Zoning By-law 3036, as
amended by By-law 2423/87 to permit a detached garage to be located within the
front yard of the subject property, whereas the by-law states that all accessory
buildings which are not part of the main dwelling shall be erected in the rear yard.
The applicants request approval of this variance in order to obtain a building
permit for a detached garage on the subject property.
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 expressing no objections. The applicant
submitted letters from owners residing at 1827, 1830, 1831, and 1838
Appleview Road, indicating no objection to the application.
Mr. Torok, owner, was present to represent the application. Mr. Kerry Hornsby of
1831 Appleview Road was present in favour of the application.
Mr. Torok briefly outlined the variance request. His intent is to keep the
uniqueness of the street and maintain a look that is balanced with the rest of the
neighbourhood.
Mr. Hornsby asked for clarification of the variance application. He stated that if
the applicant were to construct a garage in compliance with the by-law that it
would add mass to the overall look of the house. His preference would be that
the garage be located in the front yard of the property.
Mr. Mohr, Mr. Young and Ms. Billinger all stated that they would be supporting the
variance. They feel that the variance is minor in nature and would be more
desirable for the development of the land than the alternate location.
Mr. Newton stated that he would be voting against the variance. He feels that
similar homes in the area provide a substantial setback from the road and that
the applicant could provide a similar setback to be in keeping with the
streetscape. He expressed concern with this application setting a precedent in
the neighbourhood.
Mr. Ashe confirmed with the owner that no trees would be impacted or removed
from the proposed construction.
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DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and CARRIED that-
Application PICA 28/03 by S. & S. Torok, be APPROVED on the ground that the
proposed detached garage location within the front yard of the subject property
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:
1. That this variance apply only to the proposed garage as outlined on the
applicant's submitted plan.
2. That the applicant obtain a building permit and construct the proposed
garage within two years of the date of this decision, or this decision shall
become null and void.
5.
PICA 29/03 - A. & K. Vora
1606 Avonmore Square
Block 35, Plan 40M-2089, Unit 71
City of Pickering
The applicant requests relief from Section 5(2)(f) of Zoning By-law 3036, as
amended by By-law 5891/01 to permit the continuance of a minimum 2.4 metre
rear yard depth provided by the deck addition on the subject property, whereas
the by-law requires a minimum rear yard depth of 6 metres.
The applicants request approval of this variance in order to recognize the
existing situation and obtain a building permit for the recently-constructed deck.
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. The applicant submitted a petition with
signatures from 13 area residents stating no objection to the deck addition.
Mr. M. Vora, speaking on behalf of the owners, was present to represent the
application. No further representation was present in favour of or in objection to
the application. Mr. Vora advised the members that the deck was constructed
with the intent that a 6 foot fence and lattice would be erected on the property for
privacy. The reason for the large deck is to accommodate individuals when
gathering for religious prayers. He submitted photographs of the deck and
advised the Committee that the deck is only 30 inches from ground level. He did
approach the rear abutting neighbour and she stated that she would not object
but that she would not sign the petition.
Discussion developed regarding proposed fencing around the subject property to
address any privacy issue.
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DECISION: Moved by Mr. Young, seconded by Mr. Mohr and CARRIED
unanimously that -
Application PICA 29/03 by A. & K. Vora, as outlined be APPROVED on the
grounds that the proposed 2.4 metre rear yard depth provided by the deck
addition to the rear of the existing dwelling is a minor variance that is desirable
for the appropriate development of the land already existing, and in keeping with
the general intent and purpose of the Official Plan and Zoning By-law.
6.
PICA 30/03 - I. Abdi
1524 Major Oaks Road
Part of lot 2, Plan 40M-1509
(Plan 40R-11632, Parts 5 & 6)
City of Pickering
The applicant requests relief from Section 5(3)(b){vi) of Zoning By-law 3036, as
amended by By-law 2015/86, to permit the continuance of a minimum 5.4 metre
rear yard depth provided by the deck addition on the subject property, whereas
the by-law requires a minimum rear yard depth of 7.5 metres.
The applicant requests approval of this variance in order to recognize the
existing situation and obtain a building permit for the recently-constructed deck.
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. A written letter was received from owners
of 2010 Blue Ridge Crescent in support of the application.
Mr. Abdi, owner, was present to represent the application. Also present were
Ian Hasan of 2012 Blue Ridge Crescent, Mr. Dealhoy of 2014 Blue Ridge Crescent,
and Mr. Bentley of 2008 Blue Ridge Crescent, all in objection to the application.
Mr. Hasan expressed concerns with the deck invading his privacy and impacting
the enjoyment of his rear yard. He feels that the 2 metre encroachment is
substantial. He also voiced concerns that it may have a negative impact on
resale market value of his home. Mr. Dealhoy stated that the deck is too large
and intrusive. He also voiced concerns with lack of privacy.
Mr. Bentley stated that the deck is over 2 metres in height and expressed concern
that this may set a precedent for other homes in the area. He questioned the
dimensions of the setback and requested a survey be provided to accurately
reflect the location of the deck.
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In response to a question, Mr. Pym advised the Committee that a deck is
permitted on the subject property with a 7.5 metre setback. Mr. Pym clarified
height restrictions and height definitions for the Committee.
Mr. Abdi made comments with respect to neighbouring decks. He advised the
members that due to the grading of his property he is unable to conveniently
access his rear yard. His intention was not to invade the privacy of his
neighbours.
MOTION: Moved by Mr. Mohr, seconded by Mr. Newton and CARRIED
unanimously that -
Application PICA 30/03 by I. Abdi, as outlined be DEFERRED to the
August 13, 2003 meeting in order to give the members an opportunity to view the
subject property.
MOTION CARRIED
7.
ADJOURNMENT
MOTION: Moved by Mr. Mohr, seconded by Mr. Young and CARRIED
unanimously that-
The 9th meeting of the Committee of Adjustment be adjourned at 8:05 p.m. and the
next meeting of the Committee of Adjustment be held on
Wednesday, August 13, 2003.
MOTION CARRIED
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