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HomeMy WebLinkAboutMarch 22, 1995 ...... :,t\~ OF PiC ,,0 ~ !f lI~~ ~ ~ lUll G) - "-" MINUTES of the 4th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, March 22,1995. PRESENT: J. C. Young, Chairperson N. DiLecce R. Johnson S. Smith ALSO PRESENT: Eva McDougall, Secretary-Treasurer Jeffrey G. Cole, Planner 2 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 3rd meeting of the Committee of Adjustment held March 1, 1995, be adopted. 3. PICA 17/95 - Old Forest Investments, et al Part of Lot 18, Range 3, B.F.C. Also known as 981 Brock Road Town of Pickering '-' The applicant requests relief from the provisions of Section 16.3.6.C.(j)(ii) of By-law 2511 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 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% ofthe lot area. 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. ~ Mr. M. Kerzner, one of the owners, and Mr. I. Gilbert, representing the other owners, were 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. ~ Mr. Kerzner addressed the Committee and advised that the owners have been reputable property owners in Pickering for the last twenty years. He advised the Committee of several concerns related to the variance application such as: high unit vacancy rate for the plaza over the last two years; present zoning by-law too restrictive for today's economic times; neighbours not opposed to variance; present tenants of building do not object to variance; and summarized his concern with the Town process while submitting the minor variance. Mr. Gilbert also addressed the Committee and stated that the variance request is for an extension of an existing use. In his opinion the proposed new restaurant gross floor area variance would be used for dine-in and family-type restaurant use, and would not be an express type restaurant, and therefore felt the present on-site parking would be adequate, although there would be a 12 parking space shortfall with the additional restaurant increase in gross floor area. Moved by R. Johnson and seconded by S. Smith to table the application so the applicant could meet with Planning Staff, and attempt to resolve concerns related to the parking situation on the site. MOTION LOST During the meeting the Secretary-Treasurer and the Assistant Secretary-Treasurer advised '-" the Committee that approving a variance that was not applied for by the applicant, or properly circulated according to the Planning Act, was beyond the jurisdiction of the Committee of Adjustment. Mr. Cole advised that the current zoning requirement on the subject property for a parking stall is 3.0 metres by 6.0 metres, but in some of the newer zoning by-laws on other sites in the Town, the standard parking stall size is 2.6 metres by 5.3 metres. There was further detailed lengthy discussion regarding the parking situation on the site to determine how further parking spaces could be accommodated. DECISION: Moved by R. Johnson and seconded by S. Smith and carried that- this application, PICA 17/95, by Old Forest Investments, et aI, as outlined, be APPROVED, on the grounds that the application is minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Pickering District Plan and the Durham Regional Official Plan, and Section 16.3.6.C.O)(ii) of Zoning By-law 2511, subject to the following conditions: (1) That seven (7) additional parking spaces of the size 2.6 metres by 5.3 metres, be provided on the site to the satisfaction of the Planning Department; and -- (2) That this approval is further conditional upon Condition No.1 being fulfilled within 60 days to the satisfaction of the Planning Department of the Town of Pickering. 20 .... w .... ..... 4. ADJOURNMENT MOTION: Moved by C. Young, seconded by S. Smith and carried unanimously that - That the 4th meeting of the Committee of Adjustment be adjourned at 7:50 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, April 12, 1995. ?~-U~- /~ /;99S- , DATE C r--- 0, ,/J // ) ~.--:~) ~ ~-*~<74' /~ SECRETARY-TREASURER 21