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
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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.
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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
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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.
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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.
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(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.
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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.
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5. PICA 96/04 - M. & D. Cronin
Lot 45, Plan 12
Also known as 5027 Franklin Street
Hamlet of Claremont
Town of Pickering
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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.
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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.
,
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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CHAIRMAN
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ACTING SECRE ARY-TREASURER