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HomeMy WebLinkAboutJanuary 19, 2005PICKER[NG MINUTES of the 1st meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, January 19, 2005. PRESENT ALSO PRESEN~ Marie Billinger Chris Braney David Johnson Eric Newton - Chair Bill Utton Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer The meeting convened at 7:10 p.m. in the Main Committee Room of the Civic Complex. 1. APPOINTMENT OF CHAIRPERSON MOTION: Moved by Bill Utton seconded by David Johnson That Eric Newton be appointed as Chairperson for a 1 year term. CARRIED UNANIMOUSLY 2. APPOINTMENT OF VICE CHAIRPERSON MOTION: Moved by David Johnson seconded by Marie Billinger That Chris Braney be appointed as Vice Chairperson for a 1 year term. CARRIED UNANIMOUSLY 3. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 4. ADOPTION OF MINUTES MOTION: Moved by Bill Utton seconded by David Johnson That the minutes of the 15th meeting of the Committee of Adjustment held Wednesday, December 1,2004, be adopted. CARRIED UNANIMOUSLY 5. ADOPTION OF AGENDA MOTION: Moved by Bill Utton seconded by Marie Billinger That the agenda for the Wednesday, January 19, 2005 meeting be adopted. CARRIED UNANIMOUSLY (Tabled at the November 10, 2004 meeting) P/CA 55/04 - Tarun Kumar 571 Creekview Circle Part of Lot 72, Plan M1017 Part 39, 40R-2520 City of Pickering MOTION: Moved by Marie Billinger seconded by Bill Utton That P/CA 55/04, by Tarun Kumar be lifted from the table. CARRIED UNANIMOUSLY The applicant requests relief from Section 5 and Section 5 (2) of Zoning By-law 2511, as amended by By-laws 4354/73 and 4470/73, to permit the establishment of a minimum 5.8 metre rear yard depth to be provided by the existing addition, whereas the by-law requires a minimum rear yard depth of 7.5 metres and to permit a maximum building lot coverage of 36 percent to be provided by the existing addition, whereas the by-law requires a maximum building lot coverage of 33 percent. The applicant requests approval of these variances in order to obtain a building permit for an existing addition attached to the rear of the existing dwelling. The 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 concerns. Additional written comments were received from the Chief Building Official outlining the review of construction plans and an inspection of the construction and identifing specific areas of non-compliance. 2 Tarun Kumar, owner, was present to represent the application. Peter McMullen of 602 Creekview Circle and Kyle Middlebrook of 606 Creekview Circle were present in favour of the application. Andrew Allen and Michelle Jean of 573 Creekview Circle, Ken Koson and Irene Koson of 563 Creekview Circle and Carol and Bill Fisher of 565 Creekview Circle were present in objection to the application. Tarun Kumar indicated that he has done everything the City has requested and has supplied upgraded drawings to the building department and applied for a building permit. Kyle Middlebrook was there in support of the application and noted that any concerns with noise and sound would be addressed once a building permit was issued. Peter McMullen stated he was there in support of the application and noted that the plastic was put up to protect the structure from the weather and to prevent rotting. He also indicated that he was sure that Tarun Kumar would comply with whatever the City has asked him to do. Andrew Allen and Michelle Jean stated that there is no sound insulation in the addition, there is a loss of privacy and a loss of natural light especially at this time of year. Ken Koson expressed concerns that the addition is turning into more than a mudroom, as originally indicated. He commented on the memo that was received from the Chief Building Official and has noted that little has happened since the last meeting when the application was tabled and the addition has been used for social activities in the mean time. Carol Fisher expressed concerns with the noise and a propane heater being used. Bill Fisher expressed concerns with the process of construction and that plastic has been installed around the structure. In reply to a question from David Johnson, Tarun Kumar responded that he was not sure if his friend, who was helping with the construction, was a licensed contractor or not, he is just a friend helping him build it. MOTION: Moved by David Johnson seconded by Chris Braney That application P/CA 55/04 by Tarun Kumar, be REFUSED on the grounds that the proposed 5.8 metre rear yard depth and maximum building lot coverage of 36 percent to be provided by the existing addition are not minor variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. CARRIED UNANIMOUSLY 3 P/CA 1/05- 1094511 Ontario Inc. 1154 Kingston Road Part of Lots 6 and 7, Plan 489 City of Pickering The applicant requests relief from Section 4(6) of Zoning By-law 3036, as amended by By-law 6008/02, to permit the interpretation of a Chiropractic Wellness / Rehabilitation Centre to conform to the definition of a Professional Office - Non-Medical. "Professional Office - Non-Medical" shall mean a building or part of a building in which legal or other professional service is performed or consultation given, and which may include the offices of an architect, a chartered accountant, an engineer, or a lawyer, but shall not include a body-rub parlour as defined by the MunicipalAct, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto. The applicant requests approval of this variance in order to permit the operation of a Chiropractic Wellness / Rehabilitation Centre use under the definition of a Professional Office- Non-Medical. The 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 concerns. John Moniz, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. John Moniz outlined that parking is not an issue and indicated he has had a number of inquires for Chiropractic services and under the current definition it does not include this use. In response to a question from Marie Billinger, John Moniz indicated that medical would include doctors, dentists etc. which would require more parking and non-medical professionals would include an architect, a chartered accountant, an engineer or a lawyer which would not require more parking. MOTION: Moved by David Johnson seconded by Bill Utton That application P/CA 01/05 by 1094511 Ontario Inc., be APPROVED on the grounds that the proposed redefinition / interpretation of a "Professional Office - Non-Medical" to also include a "Chiropractic Wellness / Rehabilitation Centre" is a minor variance that conforms with the zoning by-law, subject to the following conditions: 1. That this variance, apply only to the subject property and be limited to 30 percent of the Gross Leasable Floor Area (GLFA) of the building, as generally sited and outlined on the applicant's submitted plans with this application. CARRIED UNANIMOUSLY 4 o P/CA 2/05- 14 Estates Limited (711053 & 562503 Ontario Inc.) 3455 Sideline 4 North Part of Lot 4, Concession 5 (Part 2, Plan 40R-4159) (Lots 28 to 31 of the draft approved plan of subdivision 18T-88059) City of Pickering The applicant requests relief from Section 5(1)(a) of Zoning By-law 3037, as amended by By-law 6336/04, to permit the establishment of four detached dwelling as model homes on the subject lands. Until the draft approved plan of subdivision 18T-88059 is registered, the subject is considered a single lot, and the zoning by-law only permits a single detached dwelling per lot. The applicant requests approval of this variance in order to obtain building permits for the proposed construction of the four model homes. The 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 concerns. Jamie Robinson from Meridian Planning Consultants, agent, was present to represent the application. Mr. Ibanez of 3035 Highway #7 was present in support of the application.Margaret Williamson of 3360 Sideline 4 was present objection to the application. Jamie Robinson indicated they wanted to start marketing the plan of subdivision and will comply with all the conditions of the application. He also noted that they wanted to register the plan as soon as possible. Mr. Ibanez indicated that it is nice to see some development starting and questioned the lands that are across the street that have been dumped on. Margaret Williamson indicated some concerns with the location of the model homes and asked for better clarification, and with construction being done on Sunday's and statutory holidays. Margaret is also concerned with the open houses and requested more information on the marketing program. She also noted the illegal dumping on the property north of her, and stated that the business owners in the area do not have a good track record. Jamie Robinson provided clarification on the proposed model homes and the process for the subdivision. He also asked for Mr. Ibanez and Margaret Williamson address and phone numbers so he can follow-up with additional information. 5 MOTION: Moved by Marie Billinger seconded by Bill Utton That application P/CA 2/05 by 14 Estates Limited (711053 & 562503 Ontario Inc.), be APPROVED on the grounds that the proposed establishment of four model homes 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 subject property as generally sited and outlined on the applicant's submitted plans with this application. That this variance only permit "Model Home" defined as a dwelling unit used exclusively for sales display and for marketing purposes, pursuant to an agreement to be entered into by the owner with the City of Pickering, and not used for residential purposes. CARRIED UNANIMOUSLY 9. ADJOURNMENT MOTION: Moved by Bill Utton seconded by Marie Billinger That the 1st 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, February 9, 2005. CARRIED UNANIMOUSLY Date '- Oha~rman