HomeMy WebLinkAboutOctober 15, 2003
MINUTES of the 12th meeting of the Committee of Adjustment held in the Main
Committee Room of the Pickering Civic Complex on
Wednesday, October 15, 2003.
PRESENT:
Mr. K. Ashe (Chairperson)
Ms. M. Billinger
Mr. T. Mohr
Mr. E. Newton
ABSENT:
Mr. C. Young
ALSO PRESENT:
Mr. R. Pym, Assistant Secretary-Treasurer
Mrs. F. Niro, Secretary-Treasurer
The meeting convened at 7:03 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 11th meeting of the Committee of
Adjustment held Wednesday, September 24, 2003, be adopted, as amended.
MOTION CARRIED
3.
ADOPTION OF AGENDA
MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger, and CARRIED
unanimously - that the agenda for the October 15, 2003 meeting be adopted.
MOTION CARRIED
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4.
PICA 49/03 - Edencastle Mechanical Services
1731 Spruce Hill Road
Part Lot 30, Plan 820
(Part 1, Plan 40R-9425)
City of Pickering
The applicant requests relief from Section 9.2.3 of Zoning By-law 3036, as further
varied by PICA 12/86, to permit the establishment of a minimum 0.2 metre north
side yard width provided by the existing dwelling and proposed addition,
whereas the by-law requires a minimum side yard width of 1.8 metres.
The applicant requests approval of this variance in order to obtain a building
permit for an addition to the front of 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 concerns. Comments were received from the City's Chief Building
Official recommending the minimum setback be increased to ensure the
proposed construction would not encroach on the neighbouring property.
Mr. & Mrs. Kerr, owners, were present to represent the application. No further
representation was present in favour of or in objection to the application.
Mr. Kerr submitted photographs of the existing dwelling and outlined reasons for
the variance request. He added that the dwelling on the northerly-abutting
property was a reasonable distance from his home and his neighbours do not
have any concerns. His intent is to construct an addition that would appear to be
an extension of the existing dwelling.
DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED
unanimously that -
Application PICA 49/03 by Edencastle Mechanical Services, as outlined be
APPROVED on the grounds that a proposed establishment of a minimum
0.2 metre north side yard width to be provided by the proposed addition 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 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 proposed
addition within two years of the date of this decision, or this decision shall
become null and void.
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5.
PICA 50/03 Taiga Urban Developments Inc.
2004 Royal Road
Part lot 20, 21, Plan 316
(Part 2, Plan 40R-1 0081)
City of Pickering
The applicant requests relief from Section 5(1)(b)(v) of Zoning By-law 3036, as
amended by By-law 6123/03, to permit the establishment of a minimum 1.2 metre
flankage side yard width to be provided by the proposed dwelling on the subject
property, whereas the by-law requires a minimum flankage side yard width of
2.7 metres.
The applicant requests approval of this variance in order to obtain a building
permit for a proposed two-storey residential 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 concerns.
Mr. Amit Gupta, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Mr. Gupta stated that the variance would allow for a more desirable overall
design of the dwelling and streetscape.
DECISION: Moved by Mr. Newton, seconded by Ms. Billinger, and carried
unanimously that -
PICA 50/03, by Taiga Urban Developments Inc., as outlined be APPROVED on the
grounds that the proposed establishment of a minimum 1.2 metre flankage side
yard width to be provided by the proposed 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 two-storey dwelling, 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.
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6.
PICA 51/03 - Valleymede Building Corporation
1650 Major Oaks
Block 107, Plan 40M-1413
Block 59, Plan 40M-1488
City of Pickering
The applicant requests relief from the following provisions of Zoning
By-law 3036, as amended by By-law 2015/85:
Section 5(1 )(b)(iv) to permit the establishment of a minimum 0.6 metre interior
west side yard width provided by the proposed dwelling, whereas the by-law
requires a minimum interior side yard width of 1.2 metres.
Section 5(1 )(b)(xi) to permit the establishment of a minimum 1.2 metre separation
between the proposed building and the existing building to the east, whereas the
by-law states the minimum distance between buildings on adjacent lots shall not
be less than 1.8 metres.
The applicant requests approval of these variances in order to obtain a building
permit for a detached residential 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 concerns. Written comments were also received from the Durham
Catholic District School Board with no objections.
Mr. Paul Miklas, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Mr. Miklas outlined reasons for the variance request adding that the proposed
dwelling would enhance the existing streetscape.
Mr. Mohr stated that he would not be supporting a 0.6 metre interior west side
yard width variance since the dwelling has not yet been constructed and that the
builder can be flexible and conform to the zoning by-law.
Mr. Ashe, Mr. Newton and Ms. Billinger all stated that they would be supporting
the 0.6 metre interior side yard width variance for the following reasons:
- that a large portion of the interior side yard setback will be provided by
the garage;
- would still maintain a buffer space between dwellings;
- the proposed interior side yard width would provide a reasonable width
for a garage and more favourable design of the home.
84
MOTION: Moved by Mr. Mohr, seconded by Mr. Newton that Minor Variance
Application PICA 51/03 by Valleymede Building Corporation, as outlined be:
(a) REFUSED on the grounds that the proposed establishment of a minimum
0.6 metre interior west side yard width is a major variance that is not in
keeping with the general intent and purpose of the Zoning By-law.
Vote
K. Ashe
M. Billinger
T. Mohr
E. Newton
opposed
opposed
in favour
opposed
MOTION DEFEATED
(b) Minor Variance Application PICA 51/03 by Valleymede Building Corporation,
as outlined be APPROVED on the grounds that the proposed establishment
of a minimum 1.2 metre separation between buildings provided by the
proposed dwelling is a minor variance, 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, 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.
Vote
K.Ashe
M. Billinger
T. Mohr
E. Newton
MOTION CARRIED
in favour
in favour
in favour
in favour
85
MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED that -
Minor Variance Application PICA 51/03 by Valleymede Building Corporation, as
outlined be APPROVED on the grounds that the proposed establishment of a
minimum 0.6 metre interior west side yard width is a minor variance, 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
K.Ashe
M. Billinger
T. Mohr
E. Newton
in favour
in favour
opposed
in favour
MOTION CARRIED
7.
ADJOURNMENT
MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and CARRIED
unanimously that-
The 12th meeting of the Committee of Adjustment be adjourned at 7:55 p.m. and
the next meeting of the Committee of Adjustment be held on
Wednesday, November 5, 2003.
MOTION CARRIED
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DATE
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SECRETARY-TREASURER
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