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HomeMy WebLinkAboutSeptember 21, 1994 .' ~~ OF PiC .....0 ~ ~..~ ~da;~ ~ Ocl CLE.RK'S DEPT MINUTES ofthe 13th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, September 21, 1994. PRESENT: Mrs. S. Siopis, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mrs. C. Scorer ~ ALSO PRESENT: Mr. 1. Cole, Planner Mrs. P. Healey, Acting Secretary-Treasurer 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. Scorer, seconded by Mrs. Kerr and carried unanimously- ......... That the minutes of the 12th meeting of the Committee of Adjustment held August 31 1994, be adopted. 3 PICA 82/94 - Benotor Investments Ltd. Part of Block Y, Plan M-16 Also known as 1215 - 1235 Bayly Street The applicant requests relief from the provisions of Section 11.1.1 of By-law 2520 to permit a restaurant with take-out facilities only; whereas the By-law permits an eating establishment (being a building where food is offered for sale or sold to the public for immediate consumption therein and includes a restaurant, cafe, tea or lunchroom, dairy bar and refreshment room or stand). Approval of this variance application is required in order to enable the applicant to establish a take-out pizza facility in unit 406 of the Bay Ridges Plaza. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. A. Mandel was present to represent the application. No further representation was present in 'favour of or in objection to the application. '" Mr. Mandel commented on the fact that the unit number should be 460 rather than 406 and that the correct address ofthe property is 1203 to 1257 Bayly Street. 66 DECISION: Moved by Mr. Bhuta and seconded by Mrs. Scorer and carried unanimously that- this application, PICA 82/94, by Benotor Investments, as outlined, be APPROVED on the grounds that the proposed variance to permit a restaurant with take-out facilities only 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 Section 11.1.1 of Zoning By-law 2520, subject to the following condition: ~ 1. That this variance apply only to a single unit within the existing plaza, having a maximum gross leasable floor area of approximately 109 m2. 4. PICA 83/94 - N. A. Cockshutt Lot 133, Plan 331 Also known as 716 Hillcrest Road The applicant requests relief from the provisions of : (1) Section 10.2.3 of By-law 2511 to permit the continuance of a 1.4 metre southwest side yard width provided by the existing dwelling on the lot; whereas the By-law requires that a dwelling provide minimum side yard widths of 1.5 metres and 2.4 metres. (2) Section 10.2.4 of By-law 2511 to permit the continuance of a dwelling with a ground floor area of 88.2 m2; whereas the By-law requires that a dwelling provide a minimum ground floor area of 95 m2. (3) Section 10.2.5 of By-law 2511 to permit the continuance of a dwelling with a floor area of 88.2 m2; whereas the By-law requires that a dwelling provide a minimum floor area of 95m2. ~ 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 renovations to be made to the rear of the existing building. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and M. & A. Archer, 720 Hillcrest Road.. Mr. N. A. Cockshutt was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that- this application, PICA 83/94, by N. A. Cockshutt, as outlined, be APPROVED on the grounds that the proposed southwest side yard width, ground floor area and total floor area 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 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 renovations as generally outlined in this application. '" 67 5. PICA 84/94 - J. Williamson Lot 77, Plan 21 (Northwest corner of Churchwin Street and North Road) Hamlet of Whitevale The applicant requests relief from the provisions, as varied by PICA 69/88, of: .... (1) Section 5.(1)(b)(v) of amending By-law 2677/88 to By-law 3037, to permit the continuance of a 2.37 metre flankage side yard width provided by the existing dwelling on the lot; whereas the By-law requires that a dwelling provide a minimum flankage side yard width of 2.4 metres. (2) Section 5.(1)(b)(vi) of amending By-law 2677/88 to By-law 3037, to permit the continuance of a 4.2 metre rear yard depth provided by the existing dwelling on the lot; whereas the By- law requires that a dwelling provide a minimum rear yard depth of9.0 metres. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the By-law and in order that a building permit may be obtained for the construction of an addition to the existing building. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Mr. A. C. Wong, Region of Durham Health Department. Mr. Williamson was present to represent the application. No further representation was present in favour of or in objection to the application. Mrs. Siopis commented about this variance being in addition to the previously approved variance and Mr. Cole responded that the previous variance applied only to the building in existence at the time of that variance and that the proposed addition necessitated this second variance. ~ DECISION: Moved by Mrs. Scorer, seconded by Mr. Bhuta and carried unanimously that- this application, PICA 84/94, by J. Williamson, as outlined, be APPROVED on the grounds that the proposed 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 5.1(b)(v) and 5.1(b)(vi) of amending By-law 2677/88 to Zoning By-law 3037, subject to the following condition: 1. That the side yard width and rear yard depth variances apply only to the existing dwelling, with the additions as generally shown with this application. 6. PICA 85/94 - Bramalea Incorporated (formerly Limited) Lot 8, Plan 410 (Northwest corner of Valley Ridge Crescent and Pine Grove Avenue) The applicant requests relief from the provisions of Section 10.2.3 of By-law 3036 to permit: a) the establishment ofthe following front yard depths: ~ i) 6.5 metres on Part 1 of the attached plan; and ii) 6.2 metres on Part 2 of the attached plan; whereas the By-law requires that a dwelling provide a minimum front yard depth of 7.5 metres. b) the establishment of a 2.4 metre rear yard depth on Part 1 of the attached plan; whereas the By-law requires that a dwelling provide a minimum rear yard depth of7.5 metres. 68 Approval of this variance application is required in order to allow building permits to be issued for three dwellings on lots to be created upon finalization of Land Division applications LD 171/86 and 172/86. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Mr. R. Starr, Town of Pickering Public Works Department. Mr. D. Lacroix was present to represent the application. Mrs. E. Swaby and Ms. J. Swa~y, 1762 Pinegrove Avenue; Mr. D. Panos, 1767 Pinegrove Avenue; and Mr. L. Szabo, 1766 Pinegrove .,... A venue were present in objection to the application. Mr. Lacroix noted that the proposed variance to cover Part 2 was very minor in nature as it provided a 6.2 metre front yard depth to the garage and that the proposed house on Part 1 would be sited to generate a pleasing streetscape on Valley Ridge Crescent and that the Planning Department considered the front yard to be on Pinegrove Avenue. Ms. 1. Swaby indicated that she lived next door to the now vacant property and did not want the third house (Part 1) as it would obstruct their view and disturb the road pattern. Mr. Lacroix mentioned that Bramalea planned to plant a row of trees along Pinegrove Avenue to enhance the entrance to their site. Ms. J. Swaby questioned there being three lots as the severance notice indicated only two severances. Mr. Cole responded that the reason only two severances were mentioned is that it was one property and two lots were being severed off, resulting in three lots. Mr. Panos commented that Bramalea has a fair number with respect to density and did not feel that they provided any large advantage to the area. Mr. Cole commented that the proposed designs fall within the density for the area, which is 12-25 units per hectare, and actually is on the low end. '-' Mr. Panos wondered if any consideration has been given to using this property as parkland and Mr. Lacroix responded that this would not be possible unless Bramalea decided to donate the land for this purpose. Mr. L. Szabo resides on the second lot north of this property and commented that this property was one lot with one house on it and wondered why it could not be left that way. Mrs. Siopis indicated that Mr. Szabo's comments should be directed to the Land Division Committee. Mrs. E. Swaby indicated that she has attended a Land Division Committee meeting in Whitby and was told that it they don't like what Bramalea is doing then they should buy the property from Bramalea. She indicated that she has lived here for 20 years, her lot is 270 feet deep and the driveway is 92 feet to her house and with three houses on this property she will be boxed in. Mrs. Siopis indicated that the creation of the thre.e lots is out of the hands of the Committee of Adjustment but agreed that the house on the comer will not benefit the neighbourhood and that it might be preferrable to have it face onto Valley Ridge and not on your street (Pinegrove) looking totally out of character. DECISION: Moved by Mr. Bhuta, seconded by Mrs. Scorer, and carried unanimously that- -- this application, PICA 85/94, by Bramalea Incorporated (formerly Limited), as outlined, be APPROVED on the grounds that the proposed front yard depth and rear yard depth 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 10.2.3 of Zoning By-law 3036, subject to the following condition: 1. That these variances apply only to dwellings sited on the future residential lots with extra wide side yard widths and flankage yard widths as illustrated on the plan submitted with this application. 69 7. PICA 86/04 - Chip King Inc. Part of Blocks A 7 B, Plan M-998 Also known as 1300 Kingston Road The applicant requests relief from the provisions of Section 5.(I)(m) of amending By-law 1612/83 to By-law 3036 to permit the establishment of a free-standing windshield repair service; whereas the By-law permits vehicle service and household merchandise stores, within which a vehicle repair shop is permitted in conjunction with the retail sale of only vehicle accessories, ...... sporting goods, hardware, household merchandise and building supplies. The applicant requests this variance application to allow a windshield repair service to carry on a business within an 8.9 m2 canopy in the parking lot of the site. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. D. Fourcaudor was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Fourcaudor mentioned, and it was agreed, that the reference to replacement of windshields should be removed from this report. ,., Mr. Fourcaudor indicated that they have a very strong relationship with Canadian Tire and are tied in with their service department; the intent is congruent with the by-law; and vandalism and break-ins had stopped or decreased while their operation was previously at this location. He also indicated that Chip King is located in several other municipalities. Mr. Fourcaudor indicated that repairing windshields eliminates waste and thus does not 'contribute to landfill sites; parking space is not a problem and they are flexible as to the location of the canopy on the parking lot. He also mentioned speaking with Mrs. J. Alfrey, Economic Development Coordinator with the Town of Pickering, who felt it was a good idea in that it offered local employment. He read a letter addressed to the Committee from Mr. B. Graham, owner of Canadian Tire, indicating support of Chip King and reiterating many of the points already stated by Mr. Fourcaudor. Mrs. Scorer wondered why he did not locate his operation near a glass shop and Mr. Fourcaudor indicated that "point of purchase was their market strategy" i.e. ability to have stone chip repaired while shopping. Mrs. Kerr wondered if Canadian Tire considered having this service In their store and Mr. Fourcaudor responded that windshield repair is not in their mandate. Mr. Bhuta wondered about the operating time of Chip King and Mr. Fourcaudor indicated that they only operate during daylight hours and that the repair operation only takes 15 to 20 minutes. DECISION: Moved by Mr. Bhuta, seconded by Mrs. Kerr that- this application, PICA 86/94, by Chip King Inc., as outlined, be APPROVED on the grounds that the requested variance is minor in nature, in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section 5.(1)(m) of amending By-law 1612/83 to Zoning By-law 3036, subject to the following condition: -." 1. That the plan receive site plan approval from the Planning Department. l 70 MOTION TO AMEND: Moved by Mrs. Kerr, seconded by Mr. Bhuta and carried that: this application, PICA 86/94, by Chip King Inc., as outlined, be APPROVED on the grounds that the requested variance is minor in nature because it is a small unit, would not obstruct view, the activity is similar to activities of Canadian Tire considering their car repair business, and in collaboration with Town of Pickering could be located in an appropriate spot on the parking lot, in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section 5.(1)(m) of amending By-law 1612/83 to Zoning By-law 3036,subject to the following condition: ~ 1. That the plan receive site plan approval form the Planning Department. 8. ADJOURNMENT MOTION: Moved by Mrs. Scorer, seconded by Mr. Bhuta and carried- That the 13th meeting of the Committee of Adjustment be adjourned at 8:00 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, October 12,1994. .. i it-l {e'& ~-i'-{.~ DATE /~ Iff'!- , Ii, , '\, . . I \. ..;.tlj". Iv '.,/ ' lit. J fl' CHAIRPERSON -.. /~ ACTING SEC ARY-TREASURER -