HomeMy WebLinkAboutAugust 13, 2003
MINUTES of the 10th meeting of the Committee of Adjustment held in the Main
Committee Room of the Pickering Civic Complex on
Wednesday, August 13, 2003.
PRESENT:
Mr. T. Mohr (Acting Chairperson)
Ms. M. Billinger
Mr. E. Newton
Mr.C.Young
ALSO PRESENT:
Mr. R. Pym, Assistant Secretary-Treasurer
Mrs. F. Niro, Secretary-Treasurer
ABSENT:
Mr. K. Ashe
The meeting convened at 7:10 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. Newton, seconded by Ms. Billinger, and CARRIED
unanimously that the minutes of the 9th meeting of the Committee of Adjustment
held Wednesday, July 23, 2003, be adopted.
MOTION CARRIED
3.
ADOPTION OF AGENDA
MOTION: Moved by Ms. Billinger, seconded by Mr. Newton, and CARRIED
unanimously that the agenda for the August 13, 2003 meeting be adopted.
MOTION CARRIED
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4.
(Deferred from the July 23, 2003 meeting)
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, Mr. Dealhoy and Mr. Bentley all voiced concern that the large deck
structure would invade their privacy, lower real estate value, and that
construction of a large deck may be precedent setting in the neighbourhood. Mr.
Dealhoy and Mr. Hasan both indicated that they would support a considerably
smaller deck which would be in compliance with the zoning by-law in order to .
accommodate a barbecue and stairs to access the rear yard.
In reply to a question, Mr. Pym supplied dimensions of setbacks from a survey
provided by the applicant.
When asked why the owner did not build the deck in compliance with the zoning
by-law, Mr. Abdi responded that he was not aware that a building permit was
required when he commenced construction of the deck.
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MOTION: Moved by Mr. Newton, seconded by Mr. Young, that-
PICA 30/03, by I. Abdi, be REFUSED on the grounds that the proposed 5.4 metre
minimum rear yard depth provided by the raised deck attached to the rear of the
existing dwelling is a major variance that is not desirable for the appropriate
development of the land, and not in keeping with the general intent and purpose
of the Zoning By-law.
Mr. Mohr and Ms. Billinger both stated that after a site check of the property they
feel that a useable recreation area would still be provided in the rear yard, and
that there would not be a considerable change in privacy if the deck were to be
made smaller. They would not be supporting the motion.
Vote
Ms. Billinger
Mr. Mohr
Mr. Newton
Mr. Young
opposed
opposed
in favour
in favour
MOTION DEFEATED
MOTION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED
unanimously that -
Application PICA 30/03 by I. Abdi, as outlined be DEFERRED to the
September 3, 2003 meeting.
MOTION CARRIED
5.
PICA 31/03 - K. & B. Roocroft
1454 Major Oaks Road
Part of Lot 24, Plan 40M-1535
City of Pickering
The applicant requests relief from Section 5(3)(b)(vi) of Zoning By-law 3036, as
amended by By-law 2015/85, to permit the establishment of a minimum 5.9 metre
rear yard depth to be provided by the proposed sunroom addition with deck and
stairs, whereas the by-law requires a minimum 7.5 metre rear yard depth.
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The applicant requests approval of this variance in order to obtain a building
permit for a proposed sun room addition, with deck and stairs, to the existing
dwelling 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 Development Control Supervisor and Fire Prevention Officer, both
expressing no objections. Comments were received from Rick Johnson,
Regional Councillor - Ward 3, in support of the application.
Mr. Roocroft, owner was present to represent the application. No further
representation was present in favour of or in objection to the application.
Mr. Roocroft stated that a smaller sunroom would not be practical and feels that
the addition is a reasonable size. The height of the structure from grade would
be approximately 5 feet.
DECISION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED
unanimously that -
Application PICA 31/03 by K. & B. Roocroft, be APPROVED on the grounds that
the proposed establishment of a minimum 5.9 metre rear yard depth to be
provided by the proposed sunroom addition, with deck and stairs, 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, subject to the following conditions:
1. That this variance apply only to the proposed sunroom addition, with deck
and stairs, 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
sunroom addition, with deck and stairs, within two years of the date of this
decision, or this decision shall become null and void.
6.
PICA 33/03 - Jason Naughton
911 Liverpool Road
Lot 299, Plan M-14
City of Pickering
The applicant requests relief from Section 5.19(d) of Zoning By-law 2520, as
amended, to permit the establishment of a minimum 0.9 metre north side yard
width to be provided by the proposed garage addition to the existing dwelling,
whereas the by-law requires a minimum 1.5 metres where a garage is erected as
part of a detached dwelling.
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The applicant requests approval of this variance in order to obtain a building
permit for a garage addition to the existing dwelling on the subject property.
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.
Mr. Jason Naughton, owner, and Mr. James Naughton were present to represent
the application. No further representation was present in favour of or in objection
to the application.
Mr. James Naughton stated that the garage addition would enhance the subject
property and that a new driveway location would address any safety issues
regarding backing onto Liverpool Road. He advised the members that both
abutting neighbours were approached and they are in favour of the application.
DECISION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED
unanimously that -
Application PICA 33/03 by Jason Naughton, be APPROVED on the grounds that
the proposed establishment of a minimum 0.9 metre north side yard width to be
provided by the proposed garage addition to the existing 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, subject to the following conditions:
1. That this variance apply only to the proposed garage addition 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 garage
addition within two years of the date of this decision, or this decision
shall become null and void.
7.
PICA 34/03 - T. & N. Riste
4886 Victoria Street
Plan 43, Part Lot 11 to 13
(Hamlet of Claremont)
City of Pickering
The applicants request relief from Section 8.2.1 of Zoning By-law 3037, as
amended, to permit the continuance of a 1173 square metre lot area, whereas the
by-law requires a minimum lot area of 1390 square metres.
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The applicants request approval of this variance to recognize the existing
situation in order to obtain a building permit for the construction of a second-
storey addition and attached 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 Durham Region Health Department, the City's Development Control
Supervisor and City's Fire Prevention Officer, all expressing no objections.
Comments were received from Rick Johnson, Regional Councillor - Ward 3, in
support of the application. Comments were received from Tina Murphy, 1740
Central Street, advising they have no objection to the application and requested
the owner be considerate of neighbours in terms of construction noise and time
of construction.
Mr. Eric Winterstein, agent, and Mr. T. Riste, owner, were present to represent the
application. No further representation was present in favour of or in objection to
the application. Mr. Winterstein stated that the proposed construction would
enhance the subject property and make it more suitable with the existing
neighbourhood. Mr. Riste stated that the proposal would be a favourable one.
DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED
unanimously that -
Application PICA 34/03 by T. & N. Riste, be APPROVED on the grounds that the
proposed continuance of a 1173 square metre lot area 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, and
therefore recommends approval of the proposed variance, subject to the
following conditions:
1. That this variance apply only to the proposed house addition, with garage,
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
house addition, with garage, within two years of the date of this decision,
or this decision shall become null and void.
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8.
ADJOURNMENT
MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED
unanimously that-
The 10th meeting of the Committee of Adjustment be adjourned at 8:15 p.m. and
the next meeting of the Committee of Adjustment be held on
Wednesday, September 3, 2003.
MOTION CARRIED
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DATE .
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SECRETARY~REASURER
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