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HomeMy WebLinkAboutApril 12, 1995 ~~ OF PIC 1....0 ~ ~--~ ~di;~ .. .... MINUTES of the 5th meeting of the Committee of Adjustment held in the Committee Room ofthe Pickering Civic Complex on Wednesday, April 12, 1995. PRESENT: J. C. Young, Chairperson N. DiLecce R. Johnson S. Smith P. White ALSO PRESENT: Eva McDougall, Secretary-Treasurer Jeffrey G. Cole, Assistant Secretary-Treasurer Lynda D. Taylor, Manager, Current Operations Division, Planning Department The meeting convened at 7:00 p.m. in the 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 R. Johnson, seconded by S. Smith and carried unanimously- That the minutes of the 4th meeting of the Committee of Adjustment held March 22, 1995, be adopted. 3. PICA 18/95 - I.P.C.F. Properties Inc. Part of Lot 23, Concession 1 Also known as 1790 Liverpool Road The applicant requests relief from the provisions of the Zoning By-law Number 3036, as amended by Zoning By-laws 1680/83, 1727/83 and 2006/85 as follows: 1. Section 5.1.(b)(v) of the By-law to permit the establishment of open storage for gardening supplies within the proposed outdoor garden centre on the subject property, whereas the By-law does not permit open storage on the lot. 'liII" 2. Should the variance requested in Section (1) above be granted, the applicant requests relief from the provisions of Section 5.1.(b)(vi)(B) of the By-law to permit the establishment of 570 parking spaces to be provided on the subject property, whereas the By-law requires that a minimum of 4.24 parking spaces for each 93.0 square metres or part thereof of gross leasable floor area be provided on the lot or on an abutting lot or lots (608 parking spaces required for the lot with the addition of the proposed garden centre). The applicant requests this variance application in order to permit the establishment of a garden centre to be located on the subject property for three months of each and ever year. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, letter received from the Ministry of Transportation, and a letter submitted to the Committee addressed to R. Johnson from Councillor D. Ryan, Local Councillor, Ward 1. Ms. N. Mott-Allen of Borden and Elliot, Barristers and Solicitors, the agent, was present to represent the application. Mr. M. Fatica of IPCF Properties Inc. and Mr. J. Clinger, of -- Advanced Tent, were also present in support of the application. R. Johnson advised that due to the location of the proposed garden centre, that a hammer- head turn would be created for vehicles trying to exit the garden centre. Mr. Fatica advised that parking spaces could be eliminated in order to make it easier to turn from that location. R. Johnson also advised that the parking lot of the Super Centre already has significant traffic problems. Mr. Fatica advised the Committee that the proposed garden centre would not disrupt the parking situation a great deal at the Super Centre, and added that most of their stores have garden centres. There was lengthy discussion regarding the proposed garden centre with respect to parking; alternate location; additional signage; and possible future rezoning application. MOTION: Moved by P. White and seconded by S. Smith that - : this application, PICA 18 /95, by I.P.C.F. Properties Inc., as outlined, be APPROVED, on the grounds that the proposed temporary open storage and reduced parking requirement variances to be minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 5.1.(b ) (v) and 5.1.(b )(vi)(B) of Zoning By-law 3036, as amended by By-laws 1680/83, 1727/83 and 2006/85, subject to the following conditions: '-' 1. That these variances apply only to the outdoor garden centre location outlined in this report and identified on the application. 2. That the outdoor garden centre be permitted for the three months of April, May, and June for the year 1995, after which time any open storage shall be removed, and any reduction in required parking space numbers resulting from this variance shall be restored within two (2) days of the required closing of the garden centre. 3. That the granting of these variances shall apply for the 1995 and 1996 seasons only, and shall not be construed as precedent for any similar minor variance application at a future date. MOTION LOST, VARIANCE APPLICATION REFUSED 4. PICA 19/95 - G. and C. Kayama Lot 3, Plan 40M-1638 Also known as 1503 Streamside Court ..... The applicants request relief from the provIsIons of Zoning By-law Number 2511, as amended by Zoning By-law 986/79 as follows: 1. Section 5.2.(j) of amending By-law 986/79 to permit the continuance of a minimum front yard depth of 5.7 metres provided by the existing dwelling, whereas the By-law requires that a dwelling with an attached garage provide a minimum front yard depth of 6.0 metres. 2. Section 5.2.(d) of amending By-law 986/79 to permit the continuance of side yard widths of 1.4 metres on one side and 1.7 metres on the other side provided by the existing dwelling, whereas the By-law that a one and one-half storey dwelling provide minimum side yard widths of 1.8 metres. 23 3. Section 5.2.(e) of amending By-law 986/79 to permit the continuance of a minimum rear yard depth of 7.0 metres provided by the existing dwelling, whereas the By-law requires that a dwelling provide a minimum rear yard width of 7.5 metres. The applicants request this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. ....... One of the applicants, Mr. Kayama, was present to represent the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. DECISION: Moved by R. Johnson and seconded by S. Smith and carried unanimously that - this application, PICA 19/95, by G. and C. Kayama, as outlined, be APPROVED on the grounds that the variances are minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 5.2(d), 5.2(e) and 5.2(j) of amending Zoning By-law 986/79 to Zoning By-law 2511 subject to the following condition: 1. That these variances apply only to the dwelling in existence on the date of this Decision. 5. PICA 20/95 -We and I. Greeley Lot 4, Plan 614 Also known as 4 Jomar Avenue '-'" The applicants request relief from the provisions of Section 6.5.(c) of Zoning By-law 3036 to permit the parking of a commercial motor vehicle on the subject property on a permanent basis, whereas the By-law permits the parking of a maximum of three (3) privately owned motor vehicles and one trailer (not exceeding 5.5 metres in length) to be temporarily parked on any lot in a residential zone. The applicants request this variance application in order to allow a commercial motor vehicle to be parked on the subject property. One of the applicants, I. Greeley, was present to represent the application. Mr. G. Crawshaw, 9 Jomar Avenue was present in objection to the application; Mr. J. Davis, 821 Jomar Avenue; Mrs. Vandenburg, 2 Jomar Avenue; and Mr. K. Hewton, 3 Jomar Avenue, were present in favour of the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, G. Crawshaw, 9 Jomar Avenue (two letters and pictures); and J., V. and P. Sugrue, 806 Jomar Avenue. I. Greeley advised the Committee of the circumstances that led to the submission of the application for minor variance. She submitted two letters in support of the application to 'W the Committee from N. and D. Semoff, 11 Jomar Avenue, and R. Patterson, 5 Jomar Avenue. Mr. Crawshaw addressed the Committee and advised of the following objections to the application (and other concerns in the neighbourhood): noise from vehicle, exhaust fumes; large commercial vehicle obtrusive to neighbourhood; vibration; dangerous precedent of allowing commercial vehicle to be parked in a residential area if variance allowed; safety of children a great concern; maintenance carried out on vehicle on the site; leaves vehicle running in driveway on many occasions. He read a letter from the Cherrywood Ratepayer's Association which stated their objection to the application. Comments from attending neighbours: Mrs. Vandenburg advised the Committee that she has not heard any noise from her neighbour's property with respect to the commercial 24 vehicle. Mr. Davis stated that the vehicle in question is indeed a highway tractor. Mr. Hewton advised the Committee that the vehicle coasts into the driveway and creates very little noise. Mr. White inquired if I. Greeley was aware of the zoning on the property before the property was purchase, and she advised that she was unaware that a commercial vehicle was not permitted to be parked on the property due to the current zoning. Mr. White ~ advised that perhaps an alternative parking location could be found for the vehicle. DECISION: Moved by R. Johnson and seconded by e. Young that- this application, PICA 20/95, by W. and I. Greeley, as outlined, be APPROVED, on the grounds that the variance is minor in nature, appropriate for the desirable development of the land because of the rural character of the area; large size and unique character of the area, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section 6.5(c) of Zoning By-law 3036, the following conditions should be imposed: 1. That only one commercial vehicle may be parked on the subject property at anyone time; and 2. That approval of this variance is in effect for eighteen (18) months from the date of this approval, and shall expire on midnight, October 12, 1996. MOTION LOST, VARIANCE APPLICATION REFUSED 6. PICA 21/95 - Shell Canada Ltd. Part of Lot 22, Range 3, B.F.e. Also known as 935 Liverpool Road ~ The applicant requests relief from the provisions of Section 2.5 of Zoning By-law 2511 to permit the exclusion of two automobile service bays and a hydraulic hoist from the gasoline outlet operation, whereas the By-law defines an automobile service station as requiring as an integral component of a gasoline outlet (fuel sales), two enclosed service bays and one hydraulic hoist. The applicant requests this variance application in order to allow the removal of the service bays and hydraulic hoist component of the automobile service station on the subject property. Mr. K. Blinston, representing the applicant, was present to represent the application. Mr. L. Miles, 1322 Poprad Avenue was present in objection to the application. Councillor D. Farr was also present. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. 'W Mr. Miles advised the Committee that he is the owner of the property east of the Shell service station, and that his yard is at least 10 feet lower than the Shell site. He requested privacy fencing (or other measures) be installed along that side of the Shell property. There was general discussion to attempt to resolve Mr. Miles privacy concern. DECISION: Moved by R. Johnson and seconded by P. White and carried that- this application, PICA 21/95, by Shell Canada Ltd., as outlined, be APPROVED on the grounds that the variances are minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 2.5 of Zoning By-law 2520, as amended by PICA 20/77, subject to the following conditions: 25 1. That this variance apply only to the building and site as generally shown on the site plan submitted with this application; 2. That the applicant obtain Site Plan Approval and any necessary building permits for alternative uses of the service building on the subject property within twelve (12) months of the date of this Decision, or this Decision shall become null and void; and 'W' 3. That Mr. L. Miles be satisfied through the Site Plan Approval process with respect to protecting his privacy and other concerns. 7. PICA 22/95 - 983963 Ontario Limited Lot 1, 40M-1562 Also known as 1498 Ashwood Gate The applicant requests relief from the provisions of Zoning By-law 3036, as amended by Zoning By-law 2287/86 as follows: 1. Section 5.(b )(iii) of the By-law to permit the continuance of a front yard depth of 5.5 metres provided by the existing dwelling, whereas the By-law requires a minimum front yard depth of 7.5 metres. 2. Section 5.(b)(iv) of the By-law to permit the continuance of an interior side yard width of 0.8 metres provided by the existing dwelling, whereas the By-law requires a minimum interior side yard width of 1.8 metres. ...... 3. Section 5.(I)(x)A of the By-law to permit the exclusion of a garage to be provided for the residential lot, whereas the By-law requires a minimum on one private garage be provided per lot. The applicant requests this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. Mr. C. Marshall, of Marshall Homes, the agent, was present to represent the application. The agent was provided with a copy of all comments regarding the application. The following residents were also in attendance: A. McMackin, 1494 Ashwood Gate; R. Gummow, 121 Twyn Rivers Drive; and T. Nuspl, 140 Woodview Drive. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Mr. A.J. McMackin. There were concerns raised by residents in attendance at the meeting such as non- compliance with development agreement; sales pavilion-type and not intended to be a residential dwelling; use was intended as a sales office for homes; concern that structure had no basement foundation. Mr. Marshall advised the Committee that the structure can be used as a residential dwelling which would comply with the Building Code, and that the third variance requested to permit the exclusion of the requirement for a private garage was no longer __ being sought. MOTION: Moved by C. Young and seconded by P. White and carried that- PICA 22/95 by 983963 Ontario Limited, be DEFERRED until the next meeting of the Committee of Adjustment of May 3, 1995, so that further information may be obtained with respect to the status of the property, information regarding the Architectural Statement, and compliance as a residential dwelling if the two variances requested are obtained. 26 8. PICA 23/95, PICA 24/95 and PICA 25/95 B. and J. Taylor Lots 81 and 82; (Part 1, 40R-14763) Also known as 468 Rougemount Drive ~ The applicants request relief from the provisions of Zoning By-law 2511 as follows: PICA 23195. PICA 24195 and PICA 25195 Section 9.2.1 of the By-law to permit the establishment of lot frontages of 17.8 metres for each of the three new lots, whereas the By-law requires that a lot provide a minimum frontage of 18.0 metres. PICA 23195 and PICA 24195 Section 9 of the By-law to permit the establishment of two residential dwellings on two of the proposed lots on a temporary basis until April 12, 1996, in order that the existing dwelling may remain straddling the new property line while new dwellings are constructed on the new lots, whereas the By-law permits one residential dwelling on a lot. PICA 25195 Section 21.3 of the By-law to permit the continuance of a structure (boat house) to be located on one of the new lots in the Greenbelt Zone, whereas the By-law requirements do not permit any building or structure to be erected in any Greenbelt Zone for any residential or commercial purpose. '-' Section 5.19(a) of the By-law to permit the continuance of a structure (boat house) to be located on the rear lot line of one of the new lots (0.0 metres from the rear lot line), with no dwelling on the lot, whereas the By-law requires that all accessory structures be located in the rear yard not less than 1.0 metres from all lot lines. The applicants were present to represent the application. Mr. C. Marshall, of Marshall Homes Corporation, the agent, was also present to represent the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, Mr. and Mrs. H. Wank, 480 Rougemount Drive; Metropolitan Toronto and Region Conservation Authority; Region of Durham Health Department; and B. and L. Scholfield, 390 Woodgrange Avenue. Mr. Marshall advised that the applicants planned to live in the existing dwelling while building a new home on the middle lot. He advised the existing dwelling would be torn down when the other home is completed. There was lengthy discussion regarding the existing boat house. Mr. Taylor advised that he would like to keep the boat house, and felt it could possibly be moved to the middle lot where he intends to build his new home. ~ DECISION: Moved by P. White and seconded by N. DiLecce and carried that- these applications, PICA 23/95, PICA 24/95 and PICA 25/95, by B. and J. Taylor, as outlined, be APPROVED, on the grounds that the variances are minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 9.2.1, Section 9 and Section 21.3 of Zoning Bylaw 2511 subject to the following conditions: 27 1. That the variances to permit the existing dwelling to remain straddling the lot line of two of the new lots shall be in effect for one year from the date of this decision, and shall expire at midnight on April 12, 1996; 2. That the variances to permit the existing dwelling to remain straddling the lot line of two of the new lots shall not come into effect until the owner enters into an agreement to the satisfaction of the Town which guarantees that the existing dwelling will be removed ..... before the time limit specified in condition 1 expires; 3. That Land Severance Applications LD 84/95 and LD 85/95 become final and binding and the certificates of consent be signed by the Secretary Treasurer of the Durham Region Land Division Committee within one year of the date of this decision, or this decision shall become null and void; and 4. That the existing boat house be relocated to the middle lot (Part 2 on the plan submitted with these variance applications). 9. PICA 26/95 - Old Forest Investments Limited, et al Part of Lot 18, Range 3, B.F.C. Also known as 981 Brock Road The applicant requests relief from the provisions of Zoning By-law 2511, as amended by Zoning By-laws 2642/88 and 941/79 as follows: 1. Section 16.3.6.C.(j){ii) of the By-law to permit a gross floor area for restaurants of 80% of all buildings on the lot, and to permit the gross floor area of all restaurants on the lot not to exceed 15.9% of the lot area, whereas the By-law permits the gross floor area of all restaurants on the lot to exceed 35% but not exceed 60% of the gross floor area of all buildings on the lot, provided that the gross floor area of all restaurants on the lot does not exceed 10% of the lot area. .... 2. Section 2.57 of the By-law to permit the establishment of a parking stall size of 2.6 metres by 5.3 metres (approximately 13.78 square metres), whereas the By-law defines a parking space as a useable and accessible area of not less than 18 square metres. The applicant requests this variance application in order to permit additional restaurant gross floor area to be permitted in the building on the subject property, and to accommodate more parking spaces on the site. Mr. M. Kerzner, one of the owners, was present to represent the application. No further representation was present in favour of or in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Invar Building Corporation. As P. White was absent at the last Committee meeting, C. Young briefly explained to him the previous variance application (PICA 17/95). DECISION: Moved by S. Smith and seconded by P. White and carried unanimously that- ..... this application, PICA 26/95, by Old Forest Investments Limited, et ai, as outlined, be APPROVED, on the grounds that the variances are minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Sections 16.3.6.C.(j){ii) and 2.57 of Zoning Bylaw 2511, as amended by Zoning By-laws 2642/88 and 941/79, the following conditions should be imposed: 28 '-' ,.., 1. That the increased restaurant gross floor area variance does not come into effect until the owner receives revised site plan approval from the Town for a revised parking lot alignment which provides a minimum of seven more spaces than are currently in existence on the site, as generally illustrated on the site plan submitted with this application; and until all works associated with that revised site plan approval are completed on site to the satisfaction of the Planning Department; and 2. That Condition Number 1 be fulfilled within twelve (12) months of the date of this Decision, or this Decision shall become null and void. 10. ADJOURNMENT MOTION: Moved by S. Smith, seconded by N. DiLecce and carried unanimously that - That the 5th meeting of the Committee of Adjustment be adjourned at 10:00 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, May 3,1995. ~;; '3 l'fS DAT I 4fS*S~T~ '-" 29