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HomeMy WebLinkAboutJuly 27, 2005PICKERING MINUTES of the 10th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, July 27, 2005 and convened at 7:05 p.m. PRESEN~ Marie Billinger Chris Braney David Johnson Eric Newton - Chair Bill Utton ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. ADOPTION OF MINUTES MOTION: Moved by Marie Billinger, seconded by Bill Utton That the minutes of the 9th meeting of the Committee of Adjustment Wednesday, July 6, 2005, be adopted. CARRIED UNANIMOUSLY held ADOPTION OF AGENDA MOTION: Moved by Bill Utton, seconded by Chris Braney That the agenda for the Wednesday, July 27, 2005 meeting be adopted with an amendment to move application P/CA 35/05 so that it will be the last application to be heard. CARRIED UNANIMOUSLY 47 P/CA 31/05 - D. Mangal 1303 Redwood Lane (Part of Lot 34, 40M1210) (Part 3, 40R-6541) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1103/80, to permit a maximum lot coverage of 41 percent whereas the by-law requires a maximum lot coverage of 38 percent. The applicant requests approval of this variance in order to obtain a building permit for a proposed sunroom 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. John & Jeanne Paredes of 1306 Cornell Court telephoned expressing they have no concerns. John Kewell, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. MOTION: Moved by Bill Utton, seconded by Marie Billinger That application P/CA 31/05 by D. Mangal be APPROVED on the grounds that the proposed maximum lot coverage of 41 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 the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed sunroom addition, 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 sunroom addition within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 48 P/CA 32/05 - Harold Higdon 862 Grenoble Boulevard (South Part of Lot 189, Plan M14) City of Pickering The applicant requests relief from Zoning By-law 2520, to permit a reduced front yard depth of 4.0 metres, 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 proposed front deck. 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. Harold Higdon, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. MOTION: Moved by Bill Utton, seconded by Chris Braney That application P/CA 32/05 by Harold Higdon be APPROVED on the grounds that the proposed minimum 4.0 metre front yard depth 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 front deck, 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 front deck within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 49 P/CA 33/05 - 1625067 Ontario Limited 870 McKay Road (Part of Lot 31, Plan M-1040) (40R-11877, Part 1) City of Pickering The applicant requests relief from Zoning By-law 2511, to permit 100 percent front yard parking and to permit a minimum of 32 parking spaces, whereas the by-law permits a maximum 20 percent front yard parking and requires a minimum 35 parking spaces. The applicant requests approval of these variances in order to obtain site plan approval and a building permit for a proposed recycling yard with associated offices and a repair area. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor, the City's Fire Prevention Officer and the City's Corporate Promotions & Economic Development Department, all expressing no concerns. Dennis Large, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to and noted that the property. a question from Bill Utton, Dennis Large explained the application this is a new development and there are currently no buildings on MOTION: Moved by David Johnson, seconded by Marie Billinger That application P/CA 33/05 by 1625067 Ontario Limited be APPROVED on the grounds that the proposed increase to 100 percent front yard parking and the reduction to a minimum of 32 parking spaces 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 recycling yard with associated offices and repair area, as generally sited and outlined on the applicant's submitted plans with this application. That the applicant obtain final site plan approval and a building permit for the proposed recycling yard with associated offices and repair area within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 50 P/CA 34/05 - Shell Canada Limited 935 Liverpool Road (North Part of Lot 22, B.F.C. Range 3) City of Pickering The applicant requests relief from the provisions of Zoning By-law 2520 to permit an automobile service station to contain a gas bar and an accessory retail convenience store without the required service bays and hydraulic hoist, an accessory building located in the side yard, to permit a driveway entrance with a width of 11.0 metres, a rear yard depth of 3.8 metres and to permit a parking space setback of 2.5 metres from the street line. The applicant requests approval of these variances in order to obtain site plan approval and a building permit for a proposed gas bar and accessory retail convenience store. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor, the City's Fire Prevention Officer and the City's Corporate Promotions & Economic Development Department, all expressing no concerns. Correspondence from Dr. W. Ah Now of 933 Liverpool Road was also received in objection to the application. Christain Huggett and Bob Dragicevic, of Walker Nott Dragicevic Associates Limited, agent, were present to represent the application. Mike Papulkas, from Shell Canada, was also present in favour of the application. Gary & June Ruben of 1319 Poprad Avenue, Deborah Longshaw of 1324 Poprad Avenue, Charles Abbott of 1322 Poprad Avenue, Christine Gibbs of 1327 Poprad Avenue and Nick Givalas of 711 Krosno Blvd were present in objection to the application. Doug Dickerson, City Councillor, Ward 2 was present for the application. Christain Huggett outlined the application and presented a site plan for the Committee and residents to view. Mr. Huggett noted that he will be working with City staff on the site plan process to address concerns of lighting, fencing, garbage location and other concern from area residents. Gary Ruben expressed several concerns with gathering of teenagers at night, garbage in his backyard, fuel odour, increased traffic, hours of operation, garbage bin location, fencing and objects to the redevelopment. Gary Ruben noted Shell Canada has demonstrated poor property maintenance and since the Coffee Time has closed problems have decreased. Deborah Longshaw expressed several concerns with gathering of teenagers at night, traffic, pedestrian safety, parking lot lighting and car headlights, litter at the rear of the building and proposed hours of operation. Ms. Longshaw noted that Shell Canada has not been a good neighbour and objects to the redevelopment. Charles Abbott expressed concerns with fuel spillage during refueling, odour and noise. 51 Christine Gibbs expressed concern with the hours and how often the garbage pick up will be. Nick Givalas suggested the site plan be revised to have a larger paying kiosk instead of a convenience store. Dr. W. Ah Now stated in his correspondence a concern with garbage being littered on his property, gathering of teenagers at night and damage to his property as a result. If appropriate barriers and fencing are going to be addressed Dr. W. Ah Now will not oppose to the application. Councillor Dickerson expressed concerns with the site plan and noted they will be addressed during the site plan process. The concerns expressed are lighting, garage location and hours of pick up (only during business hours, 8am - 8pm), fencing, site security, vent location, soil and environmental reports needed, and the need for the Site Plan Committee to be made aware of the comments being expressed at this meeting by the residents. In response to questions from residents and Councillor Dickerson, Mike Papuikas explained safety and security is a major priority and there will be frequent spot checks to the property on a regular basis. In response to questions from residents, Bob Dragicevic explained this is one of many sites being redeveloped, each store is rated and monitored frequently by Shell Canada, site plan process will address concerns, and construction process will take 16 to 18 weeks. MOTION: Moved by David Johnson, seconded by Bill Utton That application P/CA 34/05 by Shell Canada Limited be APPROVED on the grounds that the proposed automobile service station containing a gas bar and accessory retail convenience store without the required service bays and hydraulic hoist, the location of the accessory structure (garbage enclosure) in the east side yard, the driveway width of 11.0 metres, the rear yard depth of 3.8 metres to the accessory retail convenience store, and the 2.5 metre setback from the street line to a parking space 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 gas bar and accessory retail convenience store, as generally sited and outlined on the applicant's submitted plans with this application. That the applicant obtain final site plan approval and a building permit for the proposed gas bar and accessory retail convenience store within two years of the date of this decision, or this decision shall become null and void. That the Committee of Adjustment meeting minutes be forwarded to the Site Plan Committee to provide input for Site Plan Committee's consideration. CARRIED UNANIMOUSLY 52 P/CA 36/05 - Wray Curl 1778 - 1782 Bayly Street (South Part of Lot 18, Concession 1) City of Pickering The applicant requests relief from Zoning By-law 2511, to extend and enlarge a legal non-conforming use which would allow for two residential dwellings and an industrial use to be located on one property and to permit a minimum parking setback from a street line of 0.0 metres to Bayly Street whereas the zoning by-law does not permit residential uses in the "M-I" zone and requires parking to be setback 3.0 metres form a street line. The applicant requests approval of these variances in order to merge the two properties on title, obtain site plan approval and a building permit for a proposed industrial use. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor, the City's Fire Prevention Officer and the City's Corporate Promotions & Economic Development Department, all expressing no concerns. Wray Curl, owner, was present to represent the application. Miro Nester, architect for the project, of 35 Alamosa Drive, North York, was present in favour of the application. No further representation was present in favour of or in objection to the application. MOTION: Moved by Bill Utton, seconded by Chris Braney That application P/CA 36/05 by Wray Curl be APPROVED on the grounds that the proposed extension and enlargement of a legal non-conforming use to allow for two residential dwellings and an industrial use to be located on one property and to permit a minimum parking setback from a street line of 0.0 metres to Bayly Street are desirable for the appropriate development of the land, subject to the following conditions: That these variances apply only to the two legal non-conforming residential dwellings and the industrial use, as generally sited and outlined on the applicant's submitted plans with this application. That the applicant obtains final site plan approval and a building permit for the proposed industrial building within two years of the date of this decision, or this decision shall become null and void. 3. That the applicant merge the two properties on title and show proof of doing so within six month of this decision, or this decision will become null and void. CARRIED UNANIMOUSLY 53 J P/CA 35/05 - Runnymede Development Corporation Limited 1900 Dixie Road (Block 1, Plan 40M-1591) City of Pickering Eric Newton noted that he has professional dealings with the owner of establishment in question and declared a conflict of interest and stepped down as Chair and removed himself from all discussions and voting on this application. Chris Braney, Vice Chair continued the meeting. The applicant requests relief from Section 5.21.1 of Zoning By-law 3036, to permit a total of 296 parking spaces to be provided on the subject property, whereas the by-law requires a minimum of 309 parking spaces on the subject property and to permit a total of 285 parking spaces to be provided on the subject property when the outdoor garden centre is in use, whereas the by-law requires a minimum of 297 parking spaces on the subject property when a garden centre is in operation. The applicant requests approval of this variance in order to accommodate the repair and modification to an existing retaining wall, to recognize changes in the requirements for accessibility parking, and to accommodate an increase in gross leaseable floor area of approximately 47 square metres for an outdoor patio on the subject property. 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. Correspondences received from Bill McLean, Regional Councillor, Ward 2, Stephen & Wendy Wotton, of 989 Mountcastle Crescent and Rudy Duschek of 944 Duncannon Drive is in objection to the application. Rodger Miller, Runnymede Development Corporation Limited, was present to represent the application. Doug Dickerson, City Councillor, Ward 2 was present for the application. Rudy Duschek was also present in objection to the application. MOTION: Moved by David Johnson, seconded by Bill Utton That the Committee recess to provide Rodger Miller time to review additional correspondence received. CARRIED on a 4-0 vote The committee recess at 8:22 pm. The Committee reconvened at 8:27 pm. 54 Rodger Miller outlined the application and provided a noise report, by J.E. Coulter Associates Limited, for the Committee to review. The result of the noise report was that noise levels will be within Ministry of the Environment standards. Rodger Miller addressed several concerns from area residents and noted that the building would shield noise going to local streets such as Lydia Crescent and Duncannon Crescent. The expanding patio is to accommodate for the smoker and the outdoor patio is a permitted use on the site. Councillor McLean stated in his correspondences a concern of the noise level with the patio. Rudy Duschek expressed several concerns with live entertainment with music being heard on Duncannon Drive and hours of operation. Rudy Duscheck noted the business is currently for sale, and questioned if the outdoor patio was a permitted use. In response to several questions and concerns Roger Miller stated there will be no outdoor speakers, no entertainment on the patio and they will work with the City on the Site Plan to look at the issues being discussed and would accommodate as mush as possible. In response to questions from Rudy Duschek and Councillor Dickerson, Ross Pym explained the zoning and parking requirements for the subject property. MOTION: Moved by David Johnson, seconded by Bill Utton That the application P/CA 35/05 by Runnymede Development Corporation Limited, be REFUSED on the grounds that the patio will generate noise that will carry to the local neighbourhood. CARRIED on a 4-0 vote Councillor Dickerson approached the Committee to table the application to allow Runnymede to get answers and direction from Planning staff. MOTION: Moved by Bill Utton, seconded by Marie Billinger That the Committee adjourn for an In-camera session. CARRIED on a 4-0 vote The Committee adjourned at 9:08 pm. The Committee reconvened at 9:15 pm. 55 MOTION: Moved by David Johnson, seconded by Bill Utton That the Committee of Adjustment reconsider its decision for the application P/CA 35/05. CARRIED on a 4-0 vote MOTION: Moved by David Johnson, seconded by Bill Utton That application P/CA 35/05 by Runnymede Development Corporation Limited, be TABLED until the next scheduled meeting of Wednesday, August 17, 2005 to have the application amended to separate the patio variance from the parking lot improvement variances. CARRIED on a 4-0 vote 10. ADJOURNMENT MOTION: Moved by Marie Billinger, seconded by David Johnson That the 10th meeting of the Committee of Adjustment be adjourned at 9:18 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, August 17, 2005. CARRIED UNANIMOUSLY Assistant Secretary-Treasurer Chair'h~an 56