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HomeMy WebLinkAboutJune 8, 1994 >l!o~ OF PIC :;O!l\ :r fUll Z I- Gl .. MINUTES of the 8th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, June 8, 1994. PRESENT Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough Mrs. C. Scorer .~ ALSO PRESENT Mrs. Phyllis Healey, Acting Secretary-Treasurer Mr. Jeffrey Cole, 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 Mr. Puterbough, seconded by Mrs. Kerr and carried unanimously- That the minutes of the 7th meeting of the Committee of Adjustment held May 18, 1994, be ~ adopted. 3. PICA 50194 -B. Coons & L. Hardie Part of Lot 31, Concession 1 Also known as 412 Sheppard Avenue The applicants request relief from the provisions of Section 10.2.3 of By-law 3036 to permit the establishment of an east side yard width of 1.3 metres to be provided by a proposed porch to be constructed on the subject property; whereas the By-law requires that a dwelling provide minimum side yard widths of 1.5 metres on one side and 2.4 metres on the other side. The applicants request this variance application in order to obtain a building permit to construct a porch on the east side of the existing dwelling. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. B. Coons 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 and seconded by Mr. Bhuta and carried that - this application, PICA 50194, by B. Coons and L. Hardie, as outlined, be APPROVED on the grounds that the 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 10.2.3 of Zoning By-law 3036, subject to the following condition: 1. That this variance apply only to the dwelling and proposed addition as generally shown on the site plan submitted with this application. Page 36 4. PICA 51/94 - Pal-Bac Developments (Cedarbrook) Limited Block 23, 40M-1745 & Block 7, 40M-1748 Also known as 1576 Otonabee Drive The applicant requests relief from the provisions of Section 5.(1)(b)(vi) of amending By-law 4221/93 to permit the continuance of a minimum rear yard depth of 7.35 metres provided by the existing house on the subject property; whereas the By-law requires that a dwelling provide a ...." minimum rear yard depth of7.5 metres. The applicant requests this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. 1. Even, surveyor with R. D. Tomlinson Limited, was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Mr. Bhuta and seconded by Mr. Puterbough and carried that- this application, PICA 51/94, by Pal-Bac Developments (Cedarbrook) Limited, as outlined, be APPROVED on the grounds that the variance is minor, 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 )(vi) of amending By-laws 4112/92 and 4221/93 of Zoning By-law 3036, subject to the following condition: 1. That this variance apply only to the dwelling as shown on the site plan submitted with this application. ......... 5. PICA 52/94 - D. & 1. Bishop Lot 3, Plan 412 Also known as 373 Toynevale Road The applicants request relief from the provisions of Section 10.2.3 of By-law 2511 to permit the continuance of a west side yard width of 1.2 metres provided by the existing dwelling; whereas the By-law requires minimum side yard widths of 1.5 metres on one side and 2.4 metres on the other side. The applicants have requested this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. D. Bishop 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 and seconded by Mrs. Scorer and carried that- this application, PICA 52/94, by D. & 1. Bishop, as outlined, be APPROVED on the grounds that the 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 10.3.2 of Zoning By-law 2511, subject to the following condition: 1. That this variance applies only to the dwelling in existence on the date of this decision. Page 37 6. PICA 53/94 - 448404 Ontario Limited Part of Block 56, Plan 40M-1480 (Part 1, 40R-14526) (Kingston Road and Steeple Hill) The applicant requests relief from the provisions of Section 5.(2)(e)(ii) of By-law 4080/92 to permit the establishment of a maximum gross leasable floor area of 1300 square metres for a retail store in the proposed building for the subject property; whereas the By-law requires that the maximum gross leasable floor area of any permitted use not exceed 560 square metres. ..... The applicant has requested this variance application in order to allow a retail store with a maximum gross leasable floor area of 1300 square metres to be located in the proposed building for the subject property. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. J. Sandusky 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. Puterbough and carried that- this application, PICA 53/94, by 448404 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.(2)( e )(ii) of amending By-law 4080/92 of By-law 3036 subject to the following conditions: 1. That this variance apply only to a use on the subject property which provides all of the following services/products: ~ i) full line pharmacy carrying drugs as recognized by the Ontario Pharmacists Society; ii) health and beauty items; iii) first aid items; iv) paper products; v) groceries, milk and dairy products; vi) baby food and baby products; vii) snack items; viii) other sundries and general merchandise. 2. That the owner obtain revised final site plan approval from the Director of Planning within twelve months of the date of this decision, or this decision shall become null and void. 7. PICA 54/94 and 59/94 - L. & M. Enterprises Inc. Part of Lots 1 and 3, Plan 12 Also known as 1716 Central Street The applicant requests relief from the provisions of the By-law as follows: -- PICA 54/94 - RETAINED PORTION 1. Section 9.1 of By-law 3037 to permit the continuance of the residential dwelling unit use (apartments above restaurant) to be permitted on the subject property; whereas the By-law establishes various commercial uses which may be permitted on the subject property - a residential use is not included as a permitted use. 2. Section 9.2 of By-law 3037 to permit the continuance ofa 5.7 metre side yard width abutting a Residential Zone provided by an accessory building on the lot; whereas the By-law requires that where a "C2" Zone abuts a Residential Zone, a minimum 7.5 metre side yard width shall be provided by a building or structure on the lot. Page 38 3. Section 9.2.1 of By-law 3037 to permit a minimum of33% of the lot area to be a landscaped open area; whereas the By-law requires that a minimum of 50% of the lot area be provided for a landscaped open area, where no public sanitary sewers or public piped water supply is available. PICA 59194 - SEVERED PORTION 4. Section 5.17(a) of By-law 3037 to permit the continuance of a minimum lot width of 20.3 metres; whereas the By-law requires that a lot permitting an automobile service station '-' provide a minimum lot width of 38.0 metres. 5. Section 5.17(b) of By-law 3037 to permit a minimum 11.6 metre setback from Central Street, a minimum 8.1 metre setback from Brock Road, and a minimum of 0.4 metre setback from the east lot line provided by the existing building on the proposed severed parcel; whereas the By-law requires that (for an automobile service station) the minimum distance of any building or structure from any street line shall be 12.0 metres and 3.0 metres from any other lot line. 6. Section 5.17(c) of By-law 3037 to permit the continuance ofa minimum 3.0 metre setback from Brock Road provided by the existing gas pump on the proposed severed parcel; whereas the By-law requires that (for an automobile service station) the minimum distance of any pump from any street line shall be 6.0 metres. 7. Section 5.20.2 of the By-law 3037 to permit the continuance of a minimum 13.1 metre setback from the centre line of Brock Road provided by the existing building on the proposed severed parcel; whereas the By-law prohibits any building or structure from being erected closer than 19.5 metres from the centre line of Brock Road. The applicant has requested these variance applications in order to permit the west half of the subject property to be a separate lot in compliance with the zoning by-law and to bring the retained lot into compliance with the zoning by-law. The applicant has submitted Land Severance Application LD 85/94 to sever the west half of the property from the east half. '-' The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. L. Southby was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Southby stated that this application was only to recognize situations that had been in effect for many years and that the one variance came into being because of widening of Brock Road. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Scorer and carried that- (a) this application, PICA 54/94, by L. & M. Enterprises Inc., as outlined, be APPROVED on the grounds that the 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 Sections 9.1,9.2 and 9.2.1 of Zoning By-law 3037, subject to the following conditions: '-' 1. That these variances apply only to the structures and dwelling units existing on the date of this decision, and 2. That these variances do not come into effect until the owner satisfies the Director of Planning with respect to on-site landscaping and parking alignments, generally in compliance with the Planning Department approved site plan for the subject property dated October 28, 1986. Page 39 (b) this application, PICA 59/94, by L. & M. Enterprises, as outlined be APPROVED on the grounds that the proposed 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 l7(a), 5.l7(b), 5.17(c) and 5.20.2 of Zoning By-law 3037, subject to the following conditions: 1. That these variances apply only to the automobile service station in existence on the date of this decision. -- 2. That these variances do not come into effect until the owner satisfies the Director of Planning with respect to on-site landscaping an parking alignments generally in compliance with the Planning Department approved site plan for the subject property dated October 28, 1986. 8. PICA 55/94 - T. & M. Allen Lot 23, Plan 814 Also known as 809 Fairview Avenue The applicants request relief from the provisions of By-law 2511 as follows: 1. Section 10.2.3 to permit a minimum front yard depth of 3.6 metres provided by the existing dwelling on the subject property (and proposed underground garage); whereas the By-law requires that a dwelling provide a minimum front yard depth of7.5 metres. 2. Section 10.2.4 to permit the continuance of a minimum ground floor area of 63.7 square metres; whereas the By-law requires that a dwelling provide a minimum ground floor area of 95 square metres. 'W 3. Section 10.2.5 to permit the continuance of a minimum gross floor area of 63.7 square metres; whereas the By-law requires that a dwelling provide a minimum gross floor area of 95 square metres. The applicants have requested this variance application in order to bring the subject property into compliance with the zoning by-law and to obtain a building permit to construct an underground garage on the subject property. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. T. Allen, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Allen indicated that the main purpose of obtaining a building permit was to put a foundation under the house and he just thought that he would investigate the possibility of having an underground garage. Mrs. Archer wondered if Mr. Allen was aware of the requirement, by Public Works, of a 2% minimum positive driveway slope from the garage to the curb. Mr. Allen stated that the driveway would have a 2.4% slope and that it would be toward the road. He also said that he had approximately 20 feet available for parking in the side yard. Mr. Cole advised that a front yard setback of 6.0 metres is the standard requirement for all new zoning by-laws but that this application is in an older area of the Town and has quite a mix of setbacks. .... DECISION: Moved by Mr. Bhuta and seconded by Mrs. Scorer that- this application, PICA 55/94, by T. & M. Allen, as outlined, be APPROVED on the grounds that - (a) The proposed ground floor area and gross 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 10.2.4 and 10.2.5 of Zoning By-law 2511, subject to the following condition: Page 40 1. That approval of these variances apply only to the existing dwelling, or to the existing dwelling with the foundation basement and garage renovations as generally proposed with this application. (b) The minimum front yard depth variance of either 3.6 metres for the existing dwelling only, or 6.0 metres for the existing dwelling with the foundation basement and garage renovations, as generally proposed with this application, 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. MOTION TO AMEND: Moved by Mrs. Scorer, seconded by Mr. Bhuta and carried that: this application, PICA 55/94, by T. & M. Allen, as outlined, be APPROVED on the grounds that - (a) The proposed 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 10.2.4 and 10.2.5 of Zoning By-law 2511, subject to the following condition: 1. That approval of these variances apply only to the existing dwelling, or to the existing dwelling with the foundation basement and garage renovations as generally proposed with this application. (b) The minimum front yard depth variance of3.6 metres for the existing dwelling only, or for the existing dwelling with the foundation basement and garage renovations, as generally proposed with this application, 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, subject to the following condition: ....... 1. That the final construction must incorporate a 2% minimum positive driveway slope from the garage to the curb. 9. PICA 56/94 - S. Cranfield and J. Badcock Lot 56, Plan 21 Also known as 3175 Altona Road The applicants request relief from the provisions of By-law 3037, as amended by By-law 2677/88 as follows: 1. Section 5.1.(b)(ii) to permit the continuance of a minimum lot frontage of 16.7 metres; whereas the By-law requires that a lot provide a minimum lot frontage of 30.0 metres. 2. Section 5 .1.(b )(i) to permit the continuance of a minimum lot area of 10 18.4 square metres; whereas the By-law requires that a lot provide a minimum lot area of 3000 square metres. 3. Section 5.1.(b)(iii) to permit the continuance of a front yard depth of 6.0 metres provided by the existing dwelling on the subject property; whereas the By-law requires that a dwelling provide a minimum front yard depth of 9.0 metres. 'W' 4. Section 5.1.(b )(iv) to permit the establishment of an interior side yard width of 1.8 metres to be provided by the proposed addition to the existing dwelling; whereas the Bylaw requires that a dwelling provide an interior side yard width of 2.4 metres. 5. Section 5.1.(b)(v) to permit the continuance of a minimum 1.5 metre flankage side yard width provided by the existing dwelling and proposed addition to the existing dwelling; whereas the By-law requires that (on a corner lot) a dwelling provide a minimum 2.4 metre flankage side yard width. Page 41 6. Section 5.18(a) to permit the continuance of the accessory structure (shed) location of 0.5 metres from the south lot line; whereas the By-law requires that all accessory buildings shall be erected in the rear yard and shall be not less than 1.0 metres from any lot line. 7. Section 5.20.4 to permit the continuance of the existing dwelling 16.0 metres from the centre line of Altona Road; whereas the By-law requires that no building or structure shall be erected closer than 19.5 metres to the centre line of Altona Road. The applicants have requested 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 an addition to the rear of the existing dwelling. Mr. J. Badcock was present to represent the application. No further representation was present in favour of or in objection to the application. The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and a letter submitted to the Committee from the applicants. Mr. Badcock indicated that before submitting for this application, he had checked with the Building Department on the status of the house and was advised that the house was exempt from the Heritage Conservation Area. He also mentioned that the design of the addition was to be in keeping with the surrounding neighbourhood. Mr. Cole indicated that if he was not exempt from the Heritage Conservation Area, he would be required to submit for a heritage permit before he would be granted a building permit. DECISION: Moved by Mrs. Scorer and seconded by Mr. Puterbough and carried that- this application, PICA 56/94, by S. Cranfield and 1. Badcock, as outlined, be APPROVED on the grounds that - -.. (a) the proposed existing situation 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 5 .1.(b )(i), 5 .1.(b )(ii), 5.1.(b)(iii), and 5.1.(b)(v) of amending by By-law 2677/88 of Zoning By-law 3037, and Sections 5.18(a) and 5.20.4. of Zoning By-law 3037, subject to the following condition: 1. That these variances apply only to the dwelling and storage shed in existence on the date of this decision. (b) the proposed side yard width and flankage side yard width variances for the proposed addition to the rear of the existing dwelling 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)(iv) and 5.(1)(b)(v) of By-law 3037, as amended by By-law 2677/88, subject to the following condition: 1. That the owners obtain a building permit for the proposed addition within 24 months of the date of this decision, or this decision shall become null and void. 10. PICA 60/94 - D. Pettit Part of Lot 9, Concession 9 (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 two residential detached dwellings to be located on the subject property; whereas the By-law limits the number of residential detached dwellings on a lot to one. Approval of this application is required in order to allow a building permit to be issued for a new dwelling to be constructed on the eastern portion of the subject property. It is the intent of the applicant to demolish the existing dwelling unit located on the eastern portion of the lot. . ... . Page 42 The Acting Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. D. Pettit 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 that- this application, PICA 56/94, by D. Pettit, 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 Sections 6.2.2 of Zoning By-law 3037, subject to the following conditions: 1. That this variance apply only to the existing dwelling on the west side of the property and a new dwelling on the east side of the property as generally proposed in this application. 2. That the dwelling on the west side of the property not be rebuilt, but only be restored to a safe condition if necessary. 11. ADJOURNMENT MOTION: Moved by Mrs. Kerr, seconded by Mr. Bhuta and carried unanimously- That the 8th meeting of the Committee of Adjustment be adjourned at 8:20 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, June 29, 1994. ~ f'11. lift DATE / ~/lt~ CHAIRMAN ~~ ACTING SECRET Y-TREASURER '-'