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HomeMy WebLinkAboutJune 20, 2007 Committee of Adjustment Meeting Minutes Wednesday, June 20, 2007 7:08 pm Main Committee Room PENDING ADOPTION PRESENT: Kevin Ashe David Johnson - Chair Susan Kular Eric Newton Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 7th meeting of the Committee of Adjustment held Wednesday, May 30,2007, be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF AGENDA Moved by Susan Kular Seconded by Eric Newton That the agenda for the Wednesday, June 20, 2007 meeting be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes Wednesday, June 20, 2007 7:08 pm Main Committee Room (III) REPORTS 1 . (Deferred from May 30, 2007 meeting) PICA 28/07 - R. Squires & S. Nagy 872 Finch Avenue (Part of Lot 27, Concession 2) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a maximum lot coverage of 33 percent to accommodate a proposed detached garage at the rear of the subject property, whereas the by-law permits a maximum lot coverage of 10 percent. The applicants also seek relief from the by-law to recognize an existing lot frontage of 25.9 metres and an existing lot area of 1437 square metres, whereas the by-law requires a minimum lot frontage of 60 metres and a minimum lot area of 8000 square metres. The applicant requests approval of these variances in order to obtain a building permit for the proposed construction. 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, expressing no concerns. Written comments were received from the City's Chief Building Official, indicating the proposed use and number of storeys should be confirmed and could support a non-residential occupancy. Written comments were also received from Terry J. Elliott of 892 Darwin Drive, in objection to the application. Richard Squires & Sue Nagy, owners, were present to represent the application. No further.representation was present in favour of or in objection to the application. Correspondence received from Terry Elliott expressed several concerns with the size of the proposed garage and would not be in character with the surrounding neighbourhood, the building could be used for non-residential purposes and would function as the main building on the subject property. Richard Squires & Sue Nagy amended the proposed lot coverage variance from 33 percent to 17 percent. In response to questions from the Committee, they explained the proposed garage is to provide storage for garden tools, two personal vehicles, one vintage car, future recreational vehicles, and household seasonal items. Richard Squires explained there are a large number of overgrown trees on the subject property that are planned to be removed and replaced with new ones. . 2 Committee of Adjustment Meeting Minutes Wednesday, June 20, 2007 7:08 pm Main Committee Room In response to questions from the Committee, the Secretary-Treasurer explained the difference between the lot coverage for the subject property and the surrounding residentially zoned lands. On a site vi~it to the subject property, a Committee member observed there are large homes on Darwin Drive that may look into the applicants yard and there are a number of large trees surrounding the property. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 28/07 by R. Squires & S. Nagy, be APPROVED on the grounds that the revised proposed maximum lot coverage of 17 percent, the existing lot frontage of 25.9 metres and an existing lot area of 1437 square metres 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: 1. That these variances apply only to the proposed detached garage, existing lot frontage and lot area, 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 detached garage within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 2. PICA 37107 - M. A. Whalen 1570 Major Oaks Road (Lot 46, 40M-1509) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85 to recognize a flankage side yard width of 2.2 metres to a covered basement walkout, 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 the existing construction. 3 Committee of Adjustment Meeting Minutes Wednesday, June 20, 2007 7:08 pm Main Committee Room "' 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, expressing no concerns and from Councillor Rick Johnson in support of the application. Written comments were received from the City's Chief Building Official (CBO) indicating the above grade construction was carried out without a permit. An Order to Comply was issued to the owner concerning this matter on December 5, 2006, and has not been complied with. The owner is required to obtain a building permit or alternatively remove the construction. The cao questions the intended use of the basement space since there are no current apartment or business license registered at this location. Written comments were received from the City's Fire Prevention Officer requesting a letter from the applicant clarifying the existing use of the basement for the subject dwelling and also advise that conversion of the basement area into an accessory dwelling unit would have to meet the requirements of the City's two-unit registration by-law. No representation was present in support of or in objection to the application. In response to a question from the Committee, the Secretary-Treasurer explained the process and requirements for an accessory dwelling unit. Moved by Susan Kular Seconded by Eric Newton That application PICA 37/07 by Mary Ann Whalen, be DEFERRED to the next meeting to allow the owneror agent to be present for the decision. CARRIED UNANIMOUSLY 3. PICA 38/07 - P. Greenhill 5041 Wixson Street (Part of Lot 25, Plan 12, Part 1, 40R-9527) City of Pickering The applicant requests relief from Zoning By-law 3037 to permit a maximum height of 4.9 metres to a proposed two-storey detached garage, whereas the by-law permits a maximum height of 3.5 metres for an accessory structure. 4 Committee of Adjustment Meeting Minutes Wednesday, June 20, 2007 7:08 pm Main Committee Room The applicant requests approval of this variance in order to obtain a building permit for the proposed construction. 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, expressing no concerns and from Councillor Rick Johnson in support of the application. Written comments were received from the City's Fire Prevention Officer indicating the zoning by-law prohibits human habitation in an accessory building, it is recommended that the applicant apply for a zoning by-law to accommodate the living quarters I area above the new garage. In this manner, safeguards I prescribed methods of construction required in the Ontario Building Code as part of the Building Permit process would be implemented I enforced by the Building Department, thereby ensuring that the building is safe for the occupants of the living area above the new garage. No representation was present in support of or in objection to the application. Moved by Susan Kular Seconded by Eric Newton That application PICA 38/07 by P. Greenhill, be DEFERRED to the next meeting to allow the owner or agent to be present for the decision. CARRIED Vote Kevin Ashe David Johnson Susan Kular Eric Newton Keith Wilkinson in favour opposed in favour in favour in favour 5 Committee of Adjustment Meeting Minutes Wednesday, June 20, 2007 7:08 pm Main Committee Room CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer 6