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HomeMy WebLinkAboutOctober 12, 1994 ~~ OF PIC J....O ~ ~--~ ~ :1ii: G) .. MINUTES of the 14th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, October 12, 1994... "-" PRESENT: Ms. Siopis, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough ALSO PRESENT: Mrs. Eva McDougall, Secretary-Treasurer Mrs. L. Taylor, Planner 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 Mrs. Kerr, seconded by Mr. Bhuta and carried unanimously- ,.,. That the minutes of the 14th meeting of the Committee of Adjustment held September 21, 1994, be adopted. 3. PICA 87/94 - C. and C. Braunoehler Lot 119, Plan 331 Also known as 729 Hillcrest Road The applicants request relief from the provisions of: ...... 1. Section 10.2.3 of By-law 2511 to permit the continuance of a front yard depth of 4.5 metres; whereas the By-law requires that a dwelling provide a minimum front yard depth of 7.5 metres. 2. Section 10.2.5 of By-law 2511 to permit the continuance of a minimum gross floor area of 83 square metres; whereas the By-law requires that a dwelling provide a minimum gross floor area of 95 square metres. 3. Section 10.2.4 of By-law 2511 to permit the continuance of a minimum ground floor area of 83 square metres; whereas the By-law requires that a dwelling provide a minimum ground floor area of 95 square metres. 4. Section 6.6.(a) of By-law 2511 to permit the continuance of a flankage side yard width of 3.8 metres provided by the existing dwelling on the subject property; whereas the By-law requires that a main building (dwelling) erected on a comer lot, with its main front entrance facing the flank of the lot, provide a flankage side yard width of 4.5 metres. 5. Section 6.6.(b) of By-law 2511 to permit a proposed new accessory structure (garage) to be constructed 5.2 metres from the flankage lot line and 0.4 metres from the rear lot line; whereas the By-law requires that an accessory structure (garage) be located 7.5 metres from the flankage lot line and 3.0 metres from the rear lot line. 72 The applicants request this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law and to obtain a building permit to construct a new garage on the subject property. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. The applicants, C. and C. Braunoehler, were present to represent the application. Regional Councillor, Ward 1, Maurice Brenner, was present in support of the application. A letter was submitted to the Committee by Mr. and Mrs. Smythe, 724 Hillview Crescent. '-' Councillor Brenner advised the Committee that the construction of the new garage was an improvement over the previous dangerous garage, and indicated the neighbours have no objections to the garage. Mrs. Siopis asked how the strip between the subject property and the abutting property would be maintained. Mr. Braunoehler advised that the strip of property has been asp halted and is therefore easily maintained. DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried that- this application, PICA 87/94, by C. and C. Braunoehler, as outlined, be APPROVED on the grounds that the front yard depth, flankage yard width, ground floor area and gross floor area 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 10.2.3, 6.6(a), 10.2.4 and 10.2.5 of Zoning By-law 2511, subject to the following condition: 1. That these variances apply only to the dwelling in existence and the accessory building specified in this application on the date of this decision. ..... 4. PICA 88/94 - 840119 Ontario Limited Lot 28, Plan 492 Also known as 1841 Glendale Drive The applicant requests relief from the provisions of Section 5.(1)(b)(i) of amending By-law 4362/93 to Zoning By-law 3036, to permit the establishment of a 1.2 metre south side yard width to be provided by a proposed semi-detached dwelling to be constructed on the proposed retained lot of Land Division applications Nos. 242/94 through 250194; whereas the By-law requires that a building provide a minimum south side yard width of 7.5 metres. The applicant requests this variance application in order to construct a semi-detached dwelling unit on the proposed retained lot. It is the intent of the applicant to demolish the existing structure located on the subject property. Mr. E. Daniel, the agent, 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 the Region of Durham Health Department. 73 DECISION: Moved by Mr. Bhuta and seconded by Mr. Puterbough and carried that- this application, PICA 88/94, by 840119 Ontario Limited, as outlined, be APPROVED, on the grounds that the variance is 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 5(1)(b)(i) of amending By-law 4362/93 to Zoning By-law 3036, subject to the following condition: ...... 1. Land Severance Applications LD 242/94 to LD 250194 (inclusive) are approved and the resultant deeds are stamped and registered within two years of the date of this decision, or this decision shall become null and void. 5. PICA 89194 - D. Lipsa and R. Rowe Lot 27, Plan 237 Also known as 1313 Wharf Street The applicants request relief from the provisions of: (1) Section 10.2.2 of By-law 2511 to permit the continuance of a lot area of 443.7 m2; whereas the By-law requires that a lot provide a minimum area of 460 m2 (2) Section 10.2.3 of By-law 2511 to permit the continuance of a 4.48 metre front yard setback; whereas the By-law requires that a dwelling provide a front yard setback of 7.5 metres. (3) Section 10.2.4 of By-law 2511 to permit the continuance of a ground floor area of 69.2 m2; whereas the By-law requires that a dwelling provide a ground floor area of95 m2. __ (4) Section 10.2.5 of By-law 2511 to permit the continuance of a gross floor area of 69.2 m2; whereas the By-law requires that a dwelling provide a gross floor area of 95 m2. Approval of this variance application is required to bring the subject property into compliance with the provisions of the By-law in order that a building permit may be obtained to permit foundation work on the existing house. The applicants 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. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr and carried that- this application, PICA 89194, by D. Lipsa and R. Rowe, as outlined, be APPROVED, on the grounds that the variances to permit a reduced lot area, front yard depth, ground floor area, and gross floor area, 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 10.2.2, 10.2.3, 10.2.4 and 10.2.5 of 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 with foundation/renovation work as identified in this application. 74 6. PICA 90/94 - M.M. Donlon Part of Lot 11, Concession 5 Also known as 2425 Sixth Concession Road (Southwest comer of Sixth Concession Road and Trimble's Lane) .... The applicant requests relief from the provisions of Section 5.18(e) of By-law 3037 to permit the establishment of an accessory building (garage) with a height of 4.2 metres to be constructed on the subject property; whereas the By-law requires that no accessory building shall exceed a height of3.65 metres in any residential zone. The applicant requests this variance application in order to obtain a building permit to construct a double car garage on the subject property. The applicant has also submitted a Minister's Zoning Order Amendment Application to permit the proposed garage. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, Region of Durham Health Department, and Regional Councillor Rick Johnson. Mrs. Donlon, the applicant, was present to represent the application. Mr. I. McCully, of Greenwood, was also present in support of the application. Mr. McCully advised the Committee of the following information: he is in favour of the variance application; the home on the subject property is quite nice; the proposed garage will be co-ordinated with the existing Victorian-style dwelling. Mrs. Taylor advised Mrs. Donlon that once a building permit is issued by the Town's Building Department for the proposed garage, that the permit will be in effect for two years from the date of issuance of the permit. ...... DECISION: Moved by Mr. Puterbough and seconded by Mr. Bhuta and carried that- this application, PICA 90/94, by M.M. Donlon, as outlined, be APPROVED, on the grounds that the variance to permit an increase in the maximum height permitted for an accessory structure is 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 5.18(e) of Zoning By-law 3037, subject to the following condition: 1. That the applicant receive an amendment to the relevant provisions of Minister's Zoning Order No.1, as amended by Ontario Regulation 475/79, to permit the construction of the proposed accessory structure. 7. PICA 91/94 - D.C. Pettit Part of Lot 9, Concession 9; Parts 1 & 2, 40R-7216 (North side of Regional Road No.5, east ofWestney Road) The applicant requests relief from the provisions of Section 6.2.2 of By-law 3037 to permit the establishment of a minimum lot frontage of 145.0 metres for the proposed retained lot; whereas the By-law requires that a lot provide a minimum lot frontage of 150.0 metres. '-' 75 The applicant has submitted a land severance application to the Region of Durham for severance of the subject property (LD 241/94). The applicant has requested this variance application in order to bring the proposed retained lot into compliance with the provisions of the zoning by- law. The applicant has submitted a land severance application to the Region of Durham for severance of the subject property (LD 241/94). The applicant has requested this variance application in order to bring the proposed retained lot into compliance with the provisions of the zoning by- law. -- The applicant, Mr. Pettit, 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 Regional Councillor Rick Johnson. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr and carried that- this application, PICA 91/94, by D.C. Pettit, as outlined, be APPROVED, on the grounds that the variance is considered to be 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 6.2.1 of Zoning By-law 3037, subject to the following condition: 1. That Land Severance Application LD 241/94 becomes final and the associated deeds stamped and registered within two years of the date of this decision, or this decision shall become null and void. 8. ADJOURNMENT -- MOTION: Moved by Mr. Puterbough, seconded by Mrs. Kerr and carried unanimously- That the meeting of the Committee of Adjustment be adjourned at 7:40 p.m. and the next regular meeting of the Committee of Adjustment be held on November 2, 1994. ~~-n-k~ ~1/?9.y DAT \:.._)(l)/l )'- ~t {JJ7 / ~J CHAIRMAN ,/ '-'" ~~ ~ ~::y~ ~'C-/ SECRETARY-TREASURER