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HomeMy WebLinkAboutJuly 20, 1994 ~~ OF PIC ,,0 ~ ~-~ ~Di;~ .. MINUTES of the 10th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, July 20, 1994. PRESENT Mrs. C. Scorer, Acting Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough ,..". ALSO PRESENT Mrs. Eva McDougall, Secretary-Treasurer Mr. Jeffrey Cole, Planner The Meeting convened at 7:00 p.m. in the Committee Room ofthe 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 adoption of the minutes of the 9th meeting of the Committee of Adjustment held June 29, 1994, be deferred until the August 10, 1994 Committee of Adjustment meeting. 3. (deferred from June 29, 1994 meeting) PICA 57/94 - T. & A. Costar Part of Lot 27, Range 3, B.F.C. Also known as 827 Sheppard Avenue The applicants request relief from the provisions of By-law 3036 as follows: (1) Section 9.2.3 to permit the continuance of a rear yard depth of 4.48 metres; whereas the By-law requires that a dwelling provide a minimum rear yard of7.5 metres. (2) Section 5.18(d) to permit the continuance of a west side yard width of 1.73 metres; whereas the By-law requires that a dwelling with an attached garage provide minimum side yard widths of 1.8 metres. Approval of this variance application is required in order to bring the subject property into compliance with the zoning by-law. '-', 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. Mr. Costar indicated that the existing dwelling was constructed 22 years ago, and that an addition was constructed to the home in 1983. 50 DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr and carried that- this application, PICA 57/94, by T. and A. Costar, as outlined, be APPROVED on the grounds that the 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 9.2.3 and 5.18(d) of Zoning By-law 3036, subject to the following condition: 1. That the variances apply only to the existing dwelling and deck in existence on the date of this decision. 'w'. 4. PICA 65/94 - Cougs Investments (Pickering) Ltd. Lot 8, Plan 40M-1757 Also known as 1008 Lytton Court The applicant requests relief from the provisions of By-law 2511 as follows: (1) Section 10.2.3 to permit a 2.79 metre rear yard depth; whereas the By-law requires that a dwelling provide a minimum rear yard depth of7.5 metres; (2) Section 10.3.3, as amended by By-law 4359/93, to permit a 3.28 metre front yard depth; whereas the By-law, as amended, requires that a dwelling provide a minimum front yard depth of 6.0 metres. Approval of this application is required in order to provide an acceptable building envelope on an irregularly-shaped lot. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, Mr. R.I. Foxall and Ms. P.E. McKenzie. '-" Mr. David Brand, representing the applicant, was present to represent the application. Mr. R.I. Foxall and Ms. P.E. McKenzie, 551 Pine Ridge Road, were present in objection to the application. Mr. S. Little, the prospective purchaser of the subject property, was present in support of the application. Mr. Brand advised the Committee that the subject lot is an irregular shape and that the block on the south side of the property was added to the lot which created an unusually odd shaped lot. He indicated the variance is of a technical nature. Mr. Foxall addressed the Committee with several matters of concern such as: whether or not the variances meet the four test of approval for variance applications; whether an undue hardship has/or will occur; felt a dwelling could be constructed on the lot in full compliance with the zoning by-law; the building lot in question is not unique; the zoning by-law should have foreseen the possible problem with the lot configuration; proposed variances are major; the variances do not maintain the intent of the zoning by-law and the application would best be handled through a rezoning application; the proposal is not appropriate for the development of the land; the proposed dwelling is not compatible with existing structures in the neighbourhood; the proposal does not meet the intent of the Pickering District Plan; the rear yard proposed swale would affect the drainage of the properties in the area and could cause drainage problems. Mr. Foxall recommend that the proposed variances should be turned down. Mr. Brand indicated that the prospective purchaser requires special needs and proposes to build a bungalow on the subject lot. He indicated that the only structure that would fit on the lot would '-' be a townhouse, and that it is very difficult to get any house to fit on the lot because of the irregular shape of the lot. He also advised that the front yard variance could not be altered as it would leave the proposed owner with a five foot living room. The proposed dwelling to be constructed on the lot is a bungalow, which would have less impact than a large two-storey dwelling. Ms. P. McKenzie advised the Committee that she opposes the application for the following reasons: the intended swale could causes drainage problems; concerns with noise; loss of privacy; not in keeping with the zoning by-law, etc. 51 Mr. Little, the prospective owner of the subject lot offered the following comments: no negative impact on neighbourhood; beneficial to area; developer very accommodating to his special needs in his possible purchase of the subject property. DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried that- this application, PICA 65/94, by Cougs Investments (Pickering) Ltd., as outlined, be APPROVED on the grounds that the 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 10.2.3 of Zoning By-law 2511, as amended by By-law 4359193, subject to the following condition: '-' 1. That this variance applies only to the southwest comer of a dwelling on the subject property as illustrated on the plan submitted with this application, and the rear yard variance is of a technical nature which is another reason why the variance is considered minor in nature. 2. That the applicant obtain siting and architectural design approval from the Director of Planning prior to the issuance of any building permit to ensure that the architectural design of the dwelling is appropriately upgraded to compensate for a reduced front yard depth. 5. PICA 66/94 - K. & P. Zakoor Part of Lot 62, Plan M-I017 Also known as 547 Creekview Circle The applicant requests relief from the provisions of Schedule "B" of amending By-law 4354/73 to By-law 2511 to permit the continuance of a front yard setback of 4.52 metres to the garage; whereas the By-law requires a minimum front yard setback of 6.0 metres to the garage. Approval of this variance application is required in order to bring the subject property into compliance with the provisions ofthe zoning by-law. '-' Mr. Butler of Timothy C.R. Vanular, Barrister & Solicitor, 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. Mr. Butler advised that the applicants recently purchased the subject property, and he also advised that the dwelling has not complied with the zoning by-law since construction in 1975. DECISION: Moved by Mrs. Kerr and seconded by Mr. Puterbough and carried that- this application, PICA 66/94, by K. & P. Zakoor, as outlined, be APPROVED on the grounds that the variance is minor in nature and 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 Schedule "B" of amending By-law 4354/73 to Zoning By-law 2511. 6. PICA 67/94 - B. & N. Penny Part of Lot 25, Concesion 1 Also known as 1062 Dunbarton Road ~ The applicants request relief from the provisions of Section 5.18(e) of By-law 3036 to permit a maximum height of 4.9 metres for a proposed new garage on the subject property; whereas Section 5.18(e) of the By-law limits the height of any acccesso'ry structure on a residential property to a maximum height of 3.5 metres. Approval of this variance application is required in order for the applicants to obtain a building permit for a new garage which they intend to erect on the location currently occupied by the existing garage, which will be demolished. 52 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. Mr. Penny advised that the proposed garage height variance is necessary for a wheelchair van for a handicapped child. He added that the lot quite large and would not appear out of place in the neighbourhood. .~ DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr and carried that- this application, PICA 67/94, by B. and N. Penny, as outlined, be APPROVED on the grounds that the application is minor in nature, appropriate and 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 5.18(e) of Zoning By-law 3036, subject to the following conditions: 1. That this variance applies only to a detached garage of the same general design and in the same general location as identified on the plans submitted with this application; 2. That the plans submitted for a building permit for the proposed garage identify any trees which may be affected by construction of the garage and how they will be preserved, or why they must be removed, to the satisfaction of the Director of Planning. 7. PICA 68/94 - Pickering Auto Body Part of Lot 17, Concession 1 Also known as 1968 Notion Road In respect of the land herein described the applicant requests relief from the provisions of Section 14.2.1 of By-law 3036 to permit the following: ....." (a) the establishment of a front yard depth of9.4 metres to be provided by the proposed addition to the main building on the lot; whereas the By-law requires that a main building provide a minimum front yard depth of 12 metres; (b) the continuance of a rear yard depth of 24 metres provided by the existing main building on the lot; whereas the By-law requires that a main building provide a minimum rear yard depth of 30 metres when contiguous to a residential zone; (c) the continuance of a side yard width of 4.34 metres provided by the existing main building on the lot; whereas the By-law requires that a main building provide a minimum side yard width of 4.5 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 to enable the applicant to obtain a building permit for the proposed addition to the main building. The agent, Mr. Z. Beg, 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. w Mr. Beg advised the Committee that the addition to the front of the building is minor and enhances the street. He indicated his client does not wish to enter into a full site plan agreement at this time because of the expense, but noted his client will co-operate with the Town to satisfy concerns regarding the site. 53 DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried that- this application, PICA 68/94, by Pickering Auto Body, as outlined, be APPROVED on the grounds that the 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 14.2.1 of Zoning By-law 3036, subject to the following condition: 1. That the applicant obtain site plan approval for the entire development to address landscaping, screening, parking, outdoor storage and any other matters deemed necessary within twelve months of the date of this decision or this decision shall become null and void. "-" 8. PICA 69/94 - 983963 Ontario Limited Lot 4, Plan 40M-1562 Also known as 1492 Ashwood Gate The applicant requests relief from the provisions of Section 5.(1)(b)(iv) of amending By-law 2287/86 to By-law 3036 to permit the continuance of an interior side yard width of 1.29 metres; whereas the By-law requires that a dwelling provide a minimum interior side yard width of 1.8 metres. Approval of this variance application is required in order to bring the newly-constructed dwelling into compliance with the provisions of the Zoning By-law. The agent, Mr. C. Lesley of David Horwood Limited, 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. ....... Mr. Lesley indicated to the Committee that the owner will submit a letter of explanation regarding how the siting error occurred. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr and carried that- this application, PICA 69/94, by 983963 Ontario Limited, as outlined, be APPROVED, on the grounds that the variance is minor 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)(b)(iv) of amending By-law 2287/86 to Zoning By-law 3036, subject to the following conditions: 1. That this variance apply only to the dwelling in existence on the date of this decision; 2. That this variance does not come into effect until a written explanation, of how the subject siting error occurred and how similar siting errors will be prevented in the future, signed by both the builder and the surveyor is submitted to the satisfaction of the Director of Planning. 9. PICA 70/94 - G. Milroy Lot 361, Plan M-ll Also known as 935 Reytan Boulevard '-'" The applicant requests relief from the provisions of: (a) Section 6.5 c) of By-law 2520 to permit the establishment of a flankage side yard width of 5.33 metres; whereas the By-law reqires that a dwelling erected on a comer lot provide a 7.5 metre flankage side yard width; (b) Section 7.2.3 of By-law 2520 to permit the continuance of a front yard depth of 3.0 metres; whereas the By-law requires that a dwelling provide a minimum front yard depth of 7.5 metres. 54 Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the By-law and to enable the applicant to obtain a building permit for the proposed addition to the garage. The applicant 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. Mr. Milroy advised the Committee that the proposed addition to the garage will be constructed in order to preserve a 25 foot high evergreen tree. DECISION: Moved by Mrs. Kerr and seconded by Mr. Puterbough and carried that- this application, PICA 70/94, by G. Milroy, as outlined, be APPROVED, on the grounds that the 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 6.5 c) and 7.2.3 of Zoning By-law 2520, the following condition should be imposed: 1. That this variance apply only to the dwelling and proposed addition as generally shown on the site plan submitted with this application. 10. E. Dicenso Part of Lot 32, Concession 1 (South side of Finch Avenue, east of Altona Road) 'W'. The applicant requests relief from the provisions of Section 7.2.1 of By-law 3036 to permit: (a) the subject lands to have a lot frontage of 38.16 metres; whereas the By-law requires a residential lot to provide a minimum lot frontage of 60 metres; (b) the subject lands to have a lot area of 0.34 hectares; whereas the By-law requires that a residential lot provide a minimum area of 0.8 hectares. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the By-law and to enable the applicant to obtain a building permit for a house. The applicant 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. DECISION: Moved by Mr. Puterbough and seconded by Mr. Bhuta and carried that- this application, PICA 71/94, by E. Dicenso, as outlined, be APPROVED on the grounds that the proposed lot area and frontage 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 7.2.1 of Zoning By-law 3036. ... ...... '-'" j I' . 55 11. ADJOURNMENT MOTION: Moved by, seconded by and carried unanimously- That the 10th meeting of the Committee of Adjustment be adjourned at 8:25 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, August 10, 1994. a;v&./ Z DATE ,;;? /c'. /997 ./ ~~ CHAIRMAN r.,-y p /' .//7., ",-V,e-\.. ~'-. ~.r7d /c____. / SECRETARY-TREASURER