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HomeMy WebLinkAboutMay 25, 2005MINUTES of the 7th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, May 25, 2005 and convened at 7:03 p.m. PRESENT: ALSO PRESENT: ABSENT: Marie Billinger Chris Braney Eric Newton - Chair Bill Utton Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer David Johnson MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. ADOPTION OF MINUTES MOTION: Moved by Bill Utton, seconded by Marie Billinger That the minutes of the 6th meeting of the Committee of Adjustment held Wednesday, May 4, 2005, be adopted as amended. CARRIED UNANIMOUSLY ADOPTION OF AGENDA MOTION: Moved by Marie Billinger, seconded by Chris IBraney That the agenda for the Wednesday, May 25, 2005 meeting be adopted. CARRIED UNANIMOUSLY 31 P/CA 20/05 - C. Fowles & Y. Imai 1868 Appleview Road (Part of Lot 74, Plan 1051) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6397/04, to permit an accessory dwelling unit with a floor area of 160 square metres whereas the by-law permits a maximum floor area for an accessory dwelling unit of 100 square metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed construction of a basement apartment. The Secretary-Treasurer outlined comments received frorn 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 comments were also received from David Bruce of 1868 Falconwood Way, Mark & Leslie Johnston of 1872 Falconwood Way and Joe & M. Graca Azvedo of 1867 Falconwood Way in objection to the application. Chris Fowles & Yuko Imai, owners, were present to represent the application. John & Carole Fowles were also present in favour of tile application. Mark Johnston of 1860 Falconwood Way, Samuel Johnston of 1868 Falconwood Way, Steve Bruce of 1865 Falconwood Way were present in objection to the application. Chris Fowles indicated the accessory dwelling unit (ADU) will be occupied by his parents and there will be no additional space added on to the home. Chris Fowles addressed several concerns from residents and confirmed the ADU will not be rented and no additional garbage will be generated. Mark Johnston questioned if basement apartments are going to be a common trend and the impact they will have on the neighbourhood. Samuel Johnston expressed concern with the size of the ADU, the number of ADU's in the house, increased property taxes and rental of ADU in the future. Steve Bruce expressed concerns with the size of the ADU, parking issues, increase garbage, opining that it was out of character with the neighbourhood and it would decrease property value. The correspondence from David Bruce indicated; the request creates and sets a dangerous precedent for single family dwellings and outlined his concerns with the City not being able to control similar requests and encourage the use of single family homes for more than one family. 32 The correspondence from Mark & Leslie Johnston indicated; concern that a two family dwelling will not be consistent with the make up of the immediate area; the size of the ADU and the reduction in the value of area homes. The correspondence from Joe & M. Graca Azvedo indicated; concern with the size of the ADU, parking issues, garbage pickup, will not be consistent with the make up of the immediate area, and the impact on the value of their home. MOTION: Moved by Chris Braney, seconded by Bill Utton That application P/CA 20/05 by C. Fowles & Y. Imai be APPROVED on the grounds that the proposed increased maximum floor area of 160 square metres of an accessory dwelling unit 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: That this variance applies only to the proposed development, as generally sited and outlined on the applicant's submitted plans with this application. That the applicant obtain a building permit and register the accessory dwelling unit, within one year of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 21/05 -lan & Nicola Hayhurst 4871 Victoria Street (Lots 55 and 56, Plan 43) City of Pickering The applicant requests relief from Zoning By-law 3037, 1:o permit a detached garage with a height of 5.0 metres that is to be located in the north side yard, whereas the by-law permits a maximum height for an accessory building of 3.5 metres in any residential zone and requires all accessory structures to be located in the rear yard. The applicant requests approval of this variance in order' to obtain a building permit for the proposed detached garage. 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 comments were also received from Sue Henderson & Bruce Lewis-Watts of 4848 Livingston Street, Michael Calabrese of 4838 Livingston Street, David & Normalyn Wilson of 4846 Livingston Street and Michael & Anne Dunkley of 4834 Livingston Street in objection to the application. 33 lan & Nicola Hayhurst, owners, were present to represent the application. Eric Winterstien, agent, was present in favour of the application. lan Hayhurst explained the use of the garage is to provide more storage. He also explained the position of the garage to the south for natural light and to save a mature tree. Eric Winterstien indicated the proposed garage is in keeping with the style of the house and is very pleasing to the surrounding homes. The correspondence received from four local residents indicated all the same concerns; the height proposed will impact their view, the size is two times larger than a normal garage, and the location of the garage is too far away from the residence. MOTION: Moved by Bill Utton, seconded by Marie Billinger That application P/CA 21/05 by lan & Nicola Hayhurst be APPROVED on the grounds that the proposed detached garage height of 5.0 metres to be located in the north side yard are minor variances that are 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: That this variance apply, only to the detached garage, as generally sited and outlined on the applicant's submitted plan with this application. That the applicant obtain a building permit and construct the proposed garage within one year of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 22/05 - Joe Caiata 1781 Spruce Hill Road Part of Lot 49 & 50, Plan 1041 (40R-17046, Part 3 & Part of Lot 2 & 40R-17802, Part 1) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a 6.0 metre front yard depth, whereas the by-law requires a minimum front yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a future detached 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. 34 Joe Caiata, owner, was present to represent the applrication. Don & EIke Campbell of 1789 Spruce Hill were present in objection to the application. Joe Caiata indicated that he wants to set the house in line with the rest of the houses on the street. Don Campbell expressed a concern with the removal of the mature cedar tree line, which will result in loss of privacy. Pictures of the mature cedar trees were presented to the Committee. In response to a question from Don Campbell, Joe Caiata indicated that he understands the privacy concern and is willing to work with them on a solution. MOTION: Moved by Bill Utton, seconded by Marie Billinger That application P/CA 22/05 by Joe Caiata be APPROVED on the grounds that the proposed front yard depth of 6.0 metres 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 applies only to the future detached dwelling on the proposed north lot, as generally sited and outlined on the applicant's submitted plan with this application. That the applicant submits and receives approval of an application to the Region of Durham Land Division Committee for the creation of this lot within one year of the decision of the Committee of Adjustment, or this decision will become null and void. That the applicant obtain a building permit and construct the future detached dwelling within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 23/05 - Brian & Deborah Schauer 317 Dyson Road (Lot 13, Plan 274) City of Pickering The applicant requests relief from Zoning By-law 2511, to permit a reduced front yard depth of 7.0 metres and a reduced north side yard wMth of 0.6 of a metre, whereas the by-law requires a minimum front yard depth of 7.5 metres and a minimum side yard with of 1.5 metres. The applicant requests approval of these variances in order to obtain a building permit for a proposed two-storey addition and front porch. 35 The Secretary-Treasurer outlined comments received frorn the City of Pickering Planning & Development Department. Written comments were received from the City's Fire Prevention Officer expressing no concerns. Written comments were also from the City's Development Control Supervisor expressing concerns with a large tree that maybe affected by the construction of the proposed addition. Brian & Deborah Schauer, owners, were present to represent the application. Elza Anderson of 315 Dyson Road, Amy Lynrop of 320 Dyson Road, Susan Campbell of 319 Dyson Road and Bonnie McLaughan of 321 Dyson Road were present in support of the application. Brian Schauer explained the proposal and presented pictures to the Committee. The proposed addition is to provide more living space, the front porch will enhance and clearly define the entrance to the home and the addition will not be blocking neighbour's view or encroaching on privacy. The four residents present in support of the application all agreed on the design of the addition and noted that it enhances the neighbourhood. MOTION: Moved by Chris Braney, seconded by Marie Billinger That application P/CA 23/05 by Brian & Deborah Schauer be APPROVED on the grounds that the proposed minimum 7.0 metre front yard depth and the proposed minimum 0.6 metre north side yard width are minor variances that are 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: That these variances apply only to the proposed two-storey addition and front porch, as generally sited and outlined on the applicant's submitted plans with this application. That the applicant obtain a building permit and construct the proposed two-storey addition and front porch within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 24/05 - 1585708 Ontario Limited 1095 Kingston Road South Part of Lot 25, Concession 1 (40R-1860, Part 1 & Part of Parts 2 & 3) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4138/92, to establish a maximum gross floor area for a sales outlet in a warehouse to 39 percent, whereas the by-law permits a rnaximum gross floor area of a sales outlet for a warehouse of 20 percent. The applicant requests approval of this variance in order to obtain a building permit for this development and to occupy this unit. 36 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. Bryce Jordan, agent, was present to represent the application. Jonathan Rubin, of Canadian Tire Real Estate Limited, was also present in favour of the application. Bryce Jordan outlined that Canadian Tire Real Estate Limited is proposing to convert a portion of the existing building for a PartSource warehouse and sales outlet, in order for them to do so they need to increase the maximum floor area, for a sales outlet, to 39 percent. MOTION: Moved by Marie Billinger, seconded by Bill Utton That application P/CA 24/05 by 1585708 Ontario Limited be APPROVED on the grounds that the proposed increased gross floor area to 39 percent 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 development, as generally sited and outlined on the applicant's submitted plan with this application. That the applicant obtains a building permit for internal works, if needed, within one year of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 25/05 to P/CA 27/05 - Donald Spring 1839 Pine Grove Avenue (Part of Lot 6, Plan 282 & Part of Road Allowance between Lot 34, 35) (Part 2, Plan 40R-20388) City of Pickering The applicant requests relief from the provisions of Zoning By-law 3036 to permit three proposed residential lots having the variances listed in ,Column I whereas the Zoning By-law 3036 requires the dimensions listed in Column !1. These three lots are part of a proposed land development of a total of 5 lots fronting onto future Rockwood Drive extension through severance applications LD 131/05 to LD135/05. Nature of Applicant's Proposal Zoning By-law Variance Requirement P/CA 25/05 P/CA 26/05 P/CA 27/05 Lot frontage 13.5 metres 13.5 metres N/A Minimum 15 metres Rear yard depth N/A N/A 1.5 metres Minimum 7.5 metres 37 The applicant requests approval of these variances in order to obtain building permits for the proposed detached dwelling development. 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. Tania Spring, agent, was present to represent the application. Mr. & Mrs. Lalonde of 1818 Rockwood Drive, Dr. & Mrs. Szaraz of 1882 Rockwood Drive were present in objection to the application and Mr. & Mrs. Nicolaou of 1826 Rockwood Drive were present to obtain more information on the proposed detached dwelling development. Tania Spring indicated there are a number of mature trees on the proposed lots and expressed interest in keeping as many trees as possible. Mr. & Mrs. Lalonde expressed concerns with the reduced lot frontage, increased traffic, Rockwood Drive maybe used as a feeder street when connected to the south and the loss of privacy if house is set back in property. Dr. & Mrs. Szaraz expressed concerns with mature trees being removed, loss of privacy, 1.5 metre north side setback, length of time homes are being constructed, noise pollution and construction noise. In response to a question, Ross Pym explained that the Official Plan indicates a proposed connection of Rockwood Drive. Chris Braney suggested to Tania Spring to hire an arborist to help save as many trees as possible. MOTION: Moved by Bill Utton, seconded by Marie Billinger That application P/CA 25/05 to 27/05 by Donald Spring, be APPROVED on the grounds that the variances for minimum lot frontage and minimum rear yard depth, to be minor variances that are 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: That these variances apply only to the proposed lots on subject lands, as generally sited and outlined on the applicant's submitted plan with this application. 2. That the applicant receives approval and finalize the associated Land Severance Applications or this decision shall become null and void. 3. That for application P/CA 27/05 the minimum west side yard width be a minimum of 7.5 metres. 38 10. That the applicant obtain building permits and construct the proposed detached dwellings within three years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY ADJOURNMENT MOTION: Moved by Marie Billinger, seconded by Bill Utton That the 7th meeting of the Committee of Adjustment be adjourned at 8:37 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, June 15, 2005. CARRIED UNANIMOUSLY Date Assistant Secretary-Treasurer Cha~rma'n 39