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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 54 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. 55 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. 56 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. 57 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 \\Lt~ \ ~)Ç)~ DATE ~~ WC:~~Ã- / CHAiRMAN SECRETARY~REASURER 58