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HomeMy WebLinkAboutMarch 16, 1994 ~ Page 16 ~'tI OF PIc. ,,0 ~ ~-~ ~ ail: Gl .. I: ": 7 ~,.. tJ , 1::J94 CLERK'S DEPT MINUTES of the 4th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, March 16, 1994 PRESENT: Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough Mrs. C. Scorer W' 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. Kerr, seconded by Mr. Bhuta and carried unanimously - .,.... That the minutes of the 3rd meeting of the Committee of Adjustment held February 23,1994, be adopted. 3. PICA 23/94 - D. and E. Anderson Lot 14, Plan 274 Also known as 315 Dyson Road deferredfrom February 23,1994 meeting The applicants requests relief from the provisions of Zoning By-law 2511 as follows: 1. Section 10.2.3 of the By-law to permit the continuance of a front yard depth of 2.6 metres provided by the porch on the existing dwelling, whereas the By-law requires that a dwelling provide a minimum front yard depth of 7.5 metres. 2. Section 5.19(a) of the By-law to permit the continuance of: a) the accessory structure (shed) located in the south side yard of the subject lot; and b) the accessory structure (wood deck) located 0.5 metres from the east lot line and 0.6 metres from the north lot line; whereas the By-law requires that all accessory structures be located in the rear yard a minimum of 1.0 metre from all lot lines. ,.... The applicants have requested this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. D. and E. Anderson were present to represent the application. No further representation was present in favour of or in objection to the application. Page 17 The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Puterbough advised the applicants that the uncovered steps extending from the front porch of the dwelling were not indicated on the survey. The applicants were advised that the zoning by-law permits steps to extend a maximum of 1.5 metres into the required front yard depth. The applicants advised that the steps did not extend into the front yard more than 1.5 metres. ....... DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried unanimously that- this application, PICA 23/94, by D. and E. Anderson, 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 10.2.3 and 5.19(a) of Zoning By-law 2511 subject to the following condition: 1. That the proposed variances apply only to the dwelling and accessory structures as shown with this variance application. 4. PICA 25/94 - Whites/Finch Homes Ltd. Lot 12, Plan 40M-1737 Also known as 1524 Nipissing Court The applicant requests relief from the provisions of Section 5.(3)(b)(vi) of amending By-law 4123/92 to Zoning By-law 3036, to establish a rear yard depth of 6.6 metres to be provided by the proposed dwelling on the lot, whereas the By-law requires that a dwelling provide a minimum rear yard depth of7.5 metres. -- The applicant has requested this variance application in order to obtain a building permit to construct a dwelling on the subject property. Mr. N. O'Neill, representing 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. O'Neill advised the Committee that the variance was requested and offered the following information in favour of the application: the lot is an irregular shape; under current slow market conditions it is quite difficult to sell homes; the lot coverage is 39.7% and therefore does not feel that the lot is being overdeveloped; and that he consideres the application minor in nature. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr and carried that- this application, PICA 25/94, by WhiteslFinch Homes Limited, as outlined, be APPROVED, on the grounds that the 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.(3)(b)(vi) of amending By-law 4123/92 to Zoning By-law 3036, subject to the following condition: ...... 1. That the proposed variance apply only to the plans as shown with this application. Page 18 5. PICA 26/94 - Whites/Finch Homes Ltd. Lot 24, Plan 40M-1737 Also known as 1529 Nipissing Court The applicant requests relief from the provisions of Section 5.(3)(b)(vi) of amending By-law 4123/92 to Zoning By-law 3036, to establish a rear yard depth of 5.0 metres to be provided by a proposed deck at the rear of a dwelling on the subject property, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. '-" The applicant has requested this variance application in order to obtain a building permit to construct a dwelling with an attached deck on the subject property. Mr. N. O'Neill, representing 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. Bhuta and seconded by Mrs. Kerr and carried that - this application, PICA 26/94, by Whites/Finch Homes 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.(3)(b)(vi) of amending By-law 4123/92 to Zoning By- law 3036, subject to the following condition: 1. That the proposed variance apply only to a deck 2.7 metres deep and 1.8 metres wide, as generally proposed by this application. '-' 6. PICA 27/94 - Whites/Finch Homes Ltd. Lot 28, Plan 40M-1737 Also known as 1537 Nipissing Court The applicant requests relief from the provisions of Section 5.(3)(b)(vi) of amending By-law 4123/92 to Zoning By-law 3036, to establish a rear yard depth of 6.0 metres to be provided by a proposed dwelling on the subject lot, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. The applicant has requested this variance application in order to obtain a building permit to construct a dwelling on the subject property. Mr. N. O'Neill, representing the applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. O'Neill advised that there is a bay window at the rear ofthe proposed dwelling which is part of the dwelling foundation. Mr. O'Neill stated that because of the "eyebrow" in the road, that the lot is an irregular shape, and added that the proposed dwelling is a 1,750 sq. ft. house. '-' The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. DECISION: Moved by Mrs. Scorer and seconded by Mr. Puterbough and carried that- this application, PICA 27/94, by Whites/Finch Homes Limited, as outlined, be REFUSED, on the grounds that the proposed dwelling is too large for the lot; is not in keeping with the zoning by-laws; and is overdevelopment of the land. Page 19 7. PICA 28/94 - B. Carmichael and A. Lowry Part of Lot 16, Plan 40M-1380 Also known as 2178 Denby Drive The applicants request relief from the provisions of Section 5.7(b) of Zoning By-law 3036, as amended by Zoning By-law 2024/85, to permit the continuance of an uncovered deck with a height of less than 1.0 metre above grade, to project a maximum of 3.5 metres into the required rear yard depth (required rear yard depth is 7.5 metres); resulting in a rear yard depth of 3.9 metres, whereas the By-law permits an uncovered platform/deck, not exceeding 1.0 metre in '-" height above grade, to project a maximum of 1.5 metres into a required rear yard. The applicants have requested this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. Mr. Carmichael, one of the applicants, 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. Carmichael advised that the deck in the rear yard was constructed since his yard is quite wet due to drainage problems. He advised that other homes in the immediate area have the same problem. DECISION: Moved by Mr. Bhuta and seconded by Mrs. Scorer and carried unanimously that- this application, PICA 28/94, by B. Carmichael and A. Lowry, as outlined, be APPROVED, on the grounds that the 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 5.7(b) of Zoning By-law 3036, as amended by Zoning By-law 2024/85, subject to the following condition: ~ 1. That this variance apply only to the deck in existence on the property on the date of this decision. 8. PICA 29/94 - J.F. Coughlan Construction Ltd. (J.F. Coughlan) Part of Lot 19, Concession 1 (Part 3, 40R-8663 and Part 1, 40R-I0048) The applicant requests relief from the provisions of Zoning By-law Number 3036, as amended by Zoning By-laws 4081/92 and 2840/88 from the following: 1. Section 4.(12)(d) of the By-law to permit the establishment of a common lounge area to be located outside of the "RH(SC) zone, whereas the By-law requires one common lounge area to be located in the "RH(SC)" Zone. 2. Section 5.(I)(b)(ii) of the By-law to permit the establishment of: a) a 1.5 metre north yard depth to be provided by a stairwell and underground parking, whereas the By-law requires a 3.0 north yard depth; b) a 4.8 metre west yard depth to be provided by decks on Block C, whereas the By-law requires an 8.0 west yard depth. ..... The applicant has requested this variance application III order to construct a residential development on the subject property. Mr. G. Karakokkinos,on behalf of 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. '.. .. Page 20 Mr. Karakokkinos displayed to the Committee the location of the decks and the common lounge area on a large scale plan of the proposed development. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr and carried unanimously that - this application, PICA 29/94, by J.F. Coughlan Construction Limited (J.F. Coughlan), 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 4.(l2)(d) and 5.(l)(b)(ii) of amending Zoning By-law 4081/92, to Zoning By-law 3036, subject to the following condition: 1. That these variances apply only to the site design endorsed by the Town's Site Plan Review Committee as generally identified with this application. 9. PICA 30/94 - 334979 Ontario Limited Part of Block B, Plan M-998 Also known as 1360 Kingston Road The applicant requests relief from the provisions of Section 5.(2)(a)(vi)(C) of amending By-law 2953/88, to Zoning By-law 3036, as further amended by Zoning By-law 158/75, to permit the establishment of a maximum gross leasable floor area of 716 square metres for a retail store in the existing building, whereas the By-law requires that the maximum gross leasable floor area of any retail store not exceed 450 square metres. The applicant has requested this variance application in order to allow a retail store with a maximum gross leasable floor area of 716 square metres to be located in the existing building on the subj ect property. '-' Mr. H. Kichler,on behalf of 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. Puterbough asked why there was a restriction on size of a unit in the plaza in the zoning by-law. Mr. Cole advised that it was the intent of the by-law to restrict the size of the units so that there would not be a dominating tenant. He advised that the proposed variance would still maintain this by-law intent. DECISION: Moved by Mrs. Scorer and seconded by Mr. Puterbough and carried unanimously that - this application, PICA 30/94, by 334979 Ontario Limited, 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 5.(2)(a)(vi)C of amending By-law 2953/88 to Zoning By-law 3036, subject to the following condition: -- 1. That this variance apply only to the video store as proposed with this application. Page 21 10. PICA 31/94 - C. Willoughby Lot 7, Plan M-917 Also known as 1244 Waterpoint Street The applicant requests relief from the provisions of Section 2.46 of By-law 2511 to permit the establishment of a new dwelling to be erected on the subject lot which does not front on a public street/highway, whereas the By-law requires a lot to front on a public street/highway. The applicant has requested this variance application in order to obtain a building permit to construct a new dwelling on the subject property; the existing dwelling is to be demolished. ........ The applicant, Mr. C. Willoughby, was present to represent the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, Region of Durham Health Department, the Metropolitan Toronto and Region Conservation Authority (MTRCA), and Mr. J.D. O'Brien, 699 Front Road, Pickering. Mr. Willoughby advised the Committee that he purchased a home from the MTRCA, and if the application is approved, he intends to have the home moved by a barge from across Frenchman's Bay to his property. He stated the present dwelling on the lot is old and run-down. He felt he would have no problem meeting the requirements of the MTRCA and the Region of Durham Health Department. Mr. Cole advised that since Waterpoint Street is not a Town road, that the concerns of Mr. O'Brien in his letter to the Committee, could not be addressed through this variance application. Mr. Willoughby advised the Committee that he is not quite certain of the exact height of the new house. Therefore, Mr. Willoughby stated that the home may in fact be 27 1/2 feet in height. He had previously indicated the height of the house would be 26 feet high. DECISION: Moved by Mrs. Scorer and seconded by Mrs. Kerr and carried unanimously that- .... this application, PICA 31/94, by C. Willoughby, 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 2.46 of Zoning By-law 2511. 11. ADJOURNMENT MOTION: Moved by Mrs. Scorer, seconded by Mrs. Kerr and carried unanimously- That the 4th 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 April 6, 1994. ~~' ~/ /99~ DATE ..., ~ctrJAc0-- CHAIRMAN \' ry' '. -// .//'/ ~ //c ~~7d/~ SECRETARY-TREASURER