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HomeMy WebLinkAboutNovember 23, 1994 MINUTES of the 16th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, November 23,1994. PRESENT: Ms. S. Siopis, Chairperson Mr. B. Bhuta Mr. M. Puterbough Mrs. C. Scorer '-" ALSO PRESENT: Mrs. P. Healey, Acting Secretary-Treasurer Mr. Jeffrey Cole, Planner The Meeting convened at 7:00 p.m. in the Committee Room ofthe Civic Complex. APPOINTMENT OF ACTING SECRETARY-TREASURER MOTION: Moved by Mrs. Scorer, seconded by Mrs. Siopis, and carried unanimously that, due to the absence of Mrs. Eva McDougall, Secretary- Treasurer of the Committee of Adjustment, Mrs. Phyllis Healey be appointed as Acting Secretary-Treasurer of the Committee of Adjustment for the period November 1, 1994 to January 30, 1995. 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. '-" 2. ADOPTION OF MINUTES MOTION: Moved by Mrs. Scorer, seconded by Mr. Bhuta, and carried unanimously- That the minutes of the 15th meeting of the Committee of Adjustment held November 2, 1994, be adopted. 3. PICA 93/94 - A. Tyukodi Lot 199, Plan 345 Also known as 909 Beachpoint Promenade Town of Pickering The applicant requests relief from the provisions of Section 10.2.3 of By-law 2511 to permit: 1. the establishment of an east side yard width of 0.79 metres to be provided by a new dwelling and attached garage on the subject property; whereas the By-law requires that a dwelling provide minimum side yard widths of 1.5 metres on both sides; and "'-" 2. the establishment of a front yard depth of 4.5 metres to be provided by the proposed attached garage on the subject property; whereas the By-law requires that a lot provide a minimum front yard depth of7.5 metres. The applicant has requested this variance application in order to permit a new dwelling with an attached garage to be constructed on the property, generally on the same foundation as the existing dwelling, which is to be removed. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham Health Department. 80 Mr. Tyukodi was present to represent the application. Mrs. M. Willibald, 907 Beachpoint ProIT\enade, was also present in favour of the application. Mr. Puterbough wondered if Mr. Tyukodi was aware that the Metropolitan Toronto Conservation Authority may buy his land and Mr. Tyukodi confirmed that he was aware of this. Mrs. Willibald indicated that she has lived in this area for 34 years and M.T.R.C.A. is constantly expressing an interest in buying land. She indicated that they offered M.T.R.C.A. their property three years ago and M.T.R.C.A. indicated that they would be interested but they have still not purchased their property. Mrs. Willibald also mentioned the inconvenience for the residents in '-" this area due to the lack of sewers and water. Mr. Tyukodi mentioned that the Region has agreed to provide the area with water and sewers. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Scorer, and carried unanimously that - 1. Should the Metropolitan Toronto and Region Conservation Authority provide, within 30 days of the date of this decision, written proof satisfactory to the Town that they intend to acquire the subject property within two years of the date of this decision; then the approval of any variances shall become null and void. 2. This application, PICA 93/94, by A.Tyukodi, as outlined be, APPROVED subject to the condition noted above, on the grounds that the requested 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 Section 10.2.3 of Zoning By-law 2511 subject to the following conditions: (a) That the front depth variance only apply to a garage sited perpendicular to the road, accessed by an L-shaped driveway. '-' (b) That the side yard width variance apply only to the dwelling as generally proposed by this application. 4. PICA 95/94 - D. & S. Cowman Part of Lot 35, Concession 6 (North side of Highway 7, west of Sideline 34) The applicants request relief from the provisions of Section 5.(1)(c)(i)A of amending By-law 2676/88 to By-law 3037 to permit the continuance of a lot with a minimum frontage of 20 metres, and a minimum area of 1,046 square metres; whereas the By-law requires that a residential lot which existed prior to the passing of this By-law provide a minimum frontage of 22 metres, and a minimum area of 1,390 square metres. The applicants request this variance application in order to obtain a building permit to construct an addition to the existing dwelling on the lot. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Cowman was present to represent the application. No further representation was present in favour of or in objection to the application. '-' DECISION: Moved by Mrs. Scorer and seconded by Mr. Bhuta, and carried unanimously that- this application, PICA 95/94, by D. & S. Cowman, as outlined, be APPROVED on the grounds that the proposed application is 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 Section 5(1)( c )(i)A of amending By-law 2676/88 to Zoning By-law 3037. 81 5. PICA 96/04 - M. & D. Cronin Lot 45, Plan 12 Also known as 5027 Franklin Street Hamlet of Claremont Town of Pickering ~ The applicants request relief from the provisions of Section 5.18(a) of By-law 3037 to permit the continuance of two existing accessory structures, one being a garage located in the side yard and the other being a frame shed located in the rear yard, 0.95 metres from the north lot line; whereas the By-law requires that all accessory structures be located in the rear yard 1.0 metres from all lot lines. The applicants request this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Cronin was present to represent the application. Mr. Kochberg, Agent, was also present in favour of this application. Mr. Cronin wondered why this variance had not been dealt with when the previous owner bought the property 6 years ago Mr. Kochbert indicated that the owner did not have a current survey of the property and had a new survey prepared when he decided to sell. DECISION: Moved by Mr. Bhuta and seconded by Mrs. Scorer and carried unanimously that- this application, PICA 96/94, by M. & D. Cronin, as outlined, be APPROVED on the grounds that the proposed accessory structure location 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 Section 5.18(a) of Zoning By-law 3037, subject to the following condition: 1. That these variances apply only to the detached garage and shed in existence on the date of this decision. 6. PICA 97/94 - E. & C. Simmons Lot 46, Plan 40M-I721 Also known as 840 Primrose Court Town of Pickering The applicants request relief from the provisions of Section 5.(2)(b)(vi)B of amending By-law 2780/88 to By-law 3036 to permit the continuance of a minimum rear yard depth of 8.0 metres; whereas the By-law requires that a dwelling provide a minimum rear yard depth of 10 metres. The applicants request this variance application in order to obtain a building permit to construct a larger deck at the rear of the existing dwelling. '-' The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Simmons was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Puterbough indicated that the purpose of the large back yard on this property was for tree planting and he wondered if either the developer or Mr. Simmons had done this. Mr. Simmons indicated that trees had been planted by the developer and he also indicated that the properties on either side of his property have walk-out balconies. , 82 DECISION: Moved by Mrs. Scorer and seconded by Mr. Puterbough and carried unanimously that - this application, PICA 97/94, by E. & C. Simmons, as outlined, be APPROVED on the grounds that the requested variance is 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 Section 5.(2)(b)(vi)B of amending By-law 2780/88 to Zoning By-law 3036, subject to the following condition: .... 1. That this variance only apply to the deck as generally proposed in this application. 7. PICA 98/94, 99/94 and 100/94 - P. Parkes part of Lot 27, Range 3, B.F.C. Also known as 864 Kingston Road Town of Pickering The applicant requests relief from the provisions of the By-law as follows: PICA 98/94 - PROPOSED RETAINED PORTION Section 5.18(a) of By-law 3036 to permit the continuance of an existing accessory structure (garage) in the side yard; whereas the By-law requires that accessory structures be located in the rear yard. PICA 99/94 and 100/94 - PROPOSED SEVERED PORTION Section 9.2.1 of By-law 3036 to permit the establishment of a lot frontage of 16.54 metres; whereas the By-law requires that a lot provide a minimum lot frontage of 18 metres. w The applicant has requested these variance applications in order to bring the proposed retained and severed portions of the lot into compliance with the zoning by-law. The applicant will submit a Land Severance Application to sever the north half of the property into two separate lots after severing the north half of the property from the south half. As there was no one present to represent these applications, they were DEFERRED and will be considered at the next regular meeting, tentatively scheduled for January 18, 1995. There were a number of people present, apparently in objection to these applications. 8. PICA 101194 - O. Burton Lot 52, Plan 233 Also known as 544 Rodd Avenue Town of Pickering The applicant requests relief from the provisions of Section 10.2.3 of By-law 2511 to permit the establishment of side yard widths of 1.2 metres on each side; whereas the By-law requires that a dwelling with an attached garage provide minimum side yard widths of 1.5 metres on each side. w The applicant requests this variance application in order to obtain a building permit to construct a two-storey dwelling with an attached three-car garage. The existing dwelling is to be demolished. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Town of Pickering Department of Public Works. Mr. Colucci, Agent, was present to represent the application. Mrs. O. Burton, owner of the property and Mr. G. Mason, prospective builder on the property, were also present in favour of the application. 83 Mrs. Scorer wondered why the house has to be so big as it is a large lot and should accommodate a normal size house without any problem. Mr. Mason indicated that the house doesn't need to be so large but that a variance is being requested in an effort to get a building permit as the official plan designates the lot as open space. Mrs. Scorer asked about the possibility of receiving a building permit if this variance were to be approved and Mr. Cole responded that a building permit would still not be issued because the use does not conform with the official plan. --- Mr. Mason mentioned the other homes that have been built on Bella Vista Drive on a major open space area and went on to say that he has a letter from The Metropolitan Conservation Authority to Councillor Wellman which states the Authority's intent to dispose of these lands. Mr. Cole indicated that the permits referred to were issued on the basis of an interpretation made by the Town Solicitor which gave the current zoning of a property precedence over the official plan designation. However, as a result of new information from Ontario Municipal Board decisions, equal weight is to be given to the current zoning and official plan designation. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Scorer that- this application, PICA 101194, by O. Burton, as outlined, be APPROVED on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of Section 10.2.3 of By-law 2511. MOTION TO AMEND: Moved by Mr. Bhuta, seconded by Mrs. Siopis that - this application, PICA 101194 by O. Burton, as outlined, be APPROVED on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land and in keeping with the general intent of the zoning by-law subject to a minimum side yard width of 1.4 metres. '-' MOTION LOST. MOTION: Moved by Mr. Puterbough, seconded by Mrs. Siopis and unanimously carried that - This application, PICA 101194, by O. Burton, will be DEFERRED to the next regular meeting tentatively scheduled for January 18, 1995 for consideration by five members of the Committee of Adjustment. 9. ADJOURNMENT MOTION: Moved by Mr. Bhuta, seconded by Mrs. Scorer and carried unanimously- That the 16th meeting of the Committee of Adjustment be adjourned at 8:10 p.m. and the next regular meeting ofthe Committee of Adjustment be tentatively held on January 18, 1995. -'\ 11<: /6 } /7'l1: . , , DATE '-" ) ~)~jk)V ,j)tj2t/;J CHAIRMAN ;?~ ACTING SECRE ARY-TREASURER