HomeMy WebLinkAboutNovember 24, 1993
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MINUTES of the 17th meeting of
the Committee of Adjustment held in
the Committee Room of the
Pickering Civic Complex on
Wednesday, November 24, 1993
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PRESENT:
Ms. S. Archer, Chairperson
Mr. B. Bhuta
Mrs. D. Kerr
Mr. M Puterbough
Mrs. C. Scorer
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
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MOTION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried
unanimously -
That the minutes of the 16th meeting of the Committee of Adjustment held
November 3, 1993, be adopted.
3. PICA 92/93 and 93/93 - Bramalea Limited
Lots 75 Left and 75 Right, Plan 40M-1735
Also known as 135 and 137 Thicket Crescent
The applicant requests relief from the provisions of Zoning By-law 3036, Section 7.2(f)
of amending By-law 4271/93, to permit the establishment of a minimum rear yard depth
of 6.1 metres to be provided by a proposed deck on each of Lots 75 Left and 75 Right,
Plan 40M-1735, whereas the by-law requires that a dwelling provide a minimum rear
yard depth of7.5 metres.
The applicant has requested these variance applications in order to obtain building
permits for the proposed decks on each of the subject properties.
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Mr. C. Neal of Bramalea Limited was present to represent the application. Mr. Neal was
provided with a copy of all comments received.
The Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department and the Region of Durham Department of Health Services.
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DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr and carried unanimously
that -
this application, PICA 92/93, by Bramalea Limited, as outlined, be APPROVED the
grounds that the proposed 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 Zoning By-law 3036, as
amended by Section 7.2(f) of Zoning By-law 4271/93, subject to the following condition:
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1. That the rear yard depth variance apply only to the uncovered deck as generally
shown with this application.
4. PICA 94/93 - 983963 Ontario Limited
Lot 13, Plan 40M-1565
Also known as 266 Hoover Drive
The applicant requests relief from the proVIsIOns of Zoning By-law 3036, Section
5(1 )(b )(iv)A of amending By-law 2179/86, to permit the continuance of a north side yard
width of 1.1 metres provided by the existing dwelling on the subject property, whereas
the by-law requires that a dwelling provide minimum side yard widths of 1.2 metres.
The applicant requests this variance application in order to bring the subject property into
compliance with the provisions of the zoning by-law.
Mr. V. Nardi, the agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
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The Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department.
Mr. Nardi advised the Committee that the variance application is a result of a survey
mistake when siting the house.
DECISION: Moved by Mrs Kerr and seconded by Mrs. Scorer and carried unanimously
that -
this application, PICA 94/93, by 983963 Ontario Ltd. as outlined, be APPROVED, on the
grounds that the proposed side yard width variance 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 Zoning By-law 3036,
Section 5(1 )(b )(iv)A of amending By-law 2179/86, subject to the following condition.
1. That this variance applies only to the dwelling in existence on the date of this
decision.
5. PICA 95/93 - K. Ford and A. Lamanna
Part of Lot 77, Plan 492 (Part 2, 40R-13587)
Also known as 1290 Glenanna Road
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The applicants request relief from the provisions of Section 9.2.3 of By-law 3036, as
varied by PICA 56/93, to permit the continuance of a front yard depth of 3.8 metres
provided by a first storey deck on the subject property, whereas the by-law requires that a
dwelling provide a minimum front yard depth of 4.5 metres.
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 for the first storey deck.
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The applicants, K. Ford and A. Lamanna, 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 and a letter received from the applicants requesting a refund of the
application fee for this variance application.
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Ms. Lamanna requested a refund of the $160.00 application fee, as they misunderstood
and thought that they owned Part 3, 40R-13587 (10 feet at the front of their property).
Therefore, they measured their lot and front yard setback incorrectly. She indicated that
they thought that the first storey deck would comply with their front yard setback of
4.5 metres. Ms. Lamanna advised the Committee if they had been aware of the situation,
then they could have applied for the variance for the first storey deck with the previous
variance application.
Ms. Ford indicated to the Committee that the property had been varied three times, and
that this variance application fee should be refunded. There was some discussion
regarding the applicants experience in building their recently constructed home.
Mrs. Scorer advised the applicants that the previous application was for the second storey
deck only, and if the plans for a first storey deck were submitted to the Town at that time,
the application fee would have only had to be paid once. She advised that this application
was totally different.
Ms. Archer advised the applicants that a decision would be made in camera regarding the
request for a refund of the application fee.
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Motion (in camera): Moved by Ms. Archer and seconded by Mrs. Scorer, and carried
unanimously that the application fee in this matter will not be refunded since PICA 95/93
by K. Ford and A. Lamanna, is a totally new application since plans for a first storey deck
were not previously submitted to the Town of Pickering.
DECISION: Moved by Mr. Puterbough and seconded by Mrs. Scorer and carried
unanimously that -
this application, PICA 95 193, by K. Ford and A. Lamanna, as outlined, be APPROVED
on the grounds that the proposed 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 9.2.3 of Zoning
By-law 3036, subject to the following condition:
1. That this variance apply only to the existing ground floor deck as generally outlined
in this application.
6. PICA 96/93 - Sanatan Dharma Cultural Sabha of Canada
Part of Lot 9, Plan 585
Also known as 2590 Brock Road
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The applicant requests relief from the provisions of Section 5.15 of By-law 3037, as
varied by PICA 53/89, to permit the continuation of a minimum front yard depth of
5.5 metres provided by the existing building on the subject property, whereas the By-law
requires that the building provide a minimum front yard depth of7.0 metres.
The applicant requests 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 for
an existing addition.
Mr. Maharaj and Mr. Binda were present to represent the application. No further
representation was present in favour of or in objection to the application.
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The Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department.
Mr. Maharaj advised the Committee that they intend to enhance the appearance of the
front of the building, but do not have the final plans complete.
DECISION: Moved by Mrs. Scorer and seconded by Mr. Bhuta and carried unanimously
that -
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this application, PICA 96/93, by Sanatan Dharma Cultural Sabha of Canada, as outlined,
be APPROVED on the grounds that the proposed front yard depth variance 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 5.15 of Zoning By-law 3037, subject to the following condition.
1. That this variance does not come into effect until the owners receive revised
conditional site plan approval for the property and building from the Town.
7. PICA 97/93 - Mary-Skents Developments Limited
Part of Lot 26, Plan 492
Also known as 1848 Liverpool Road
The applicant requests relief from the proVISIOns of Zoning By-law 3036, Section
5.(1)(b)(ix)A of amending Zoning By-law 2175/86, as varied by PICA 6/87, to permit the
establishment of a maximum gross leasable floor area of 243.0 square metres for a retail
store, whereas the By-law requires that the maximum gross leasable floor area of any
retail store not exceed 190.0 square metres.
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The applicant has requested this variance application in order to allow a retail store with a
maximum gross leasable floor area of243.0 square metres to be located in the building on
the subject property.
Mr. Terry Tsianos was present to represent the applicant. Ms. Tina Tsianos and
Mr. Skentzos were also present in support of the application. Ms. Susan Cumming of the
firm Cole Sherman, Engineers, Architects and Planners, was also present in objection to
the application.
The Secretary-Treasurer outlined comments received from the Town of Pickering
Planning Department and a letter received from the firm Cole Sherman, Engineers,
Architects and Planners, in objection to the application. The applicant was provided with
a copy of all comments received.
Mrs. Scorer asked the name of the tenant that intends to rent the space. Mr. Tsianos
indicated that the tenant is the "Bun King Bakery" .
Mr. Puterbough asked why the tenant requires over 190 square metres of gross leasable
floor area for their operation. Mr. Tsianos stated only 84 square metres is actually
required for retail sale area, as that the remaining area is to be used for production area for
baking goods.
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Mr. Puterbough asked Mr. Cole the intent of limiting the retail use in the zoning by-law.
Mr. Cole indicated that the reason for the limit in gross leasable floor area was to limit a
dominant retail use in the plaza.
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Ms. Cumming advised the Committee that she represents the owner of the Hub Mall, and
that they have many concerns regarding the application. Ms. Cumming advised the
Committee that the zoning by-law for the site was implemented in 1986, and prohibits a
large grocery or bulk food type store from operating in the plaza. The zoning by-law set
specific controls of 190 square metres of maximum gross leasable floor area for any retail
store. She indicated that the plaza is in the Main Central Area, and that this area is
struggling for business. She informed the Committee that the owners' of the Hub Mall
recently went through a full rezoning application on their site, and indicated that if this
application was approved, that it would be precedent setting. Ms. Cumming advised that
the application should go through a full review before approved. She also indicated that
the application changes the nature of the plaza.
Mr. Cole stated that technically the retail space of the application is 243 square metres,
however the actual space used for retail purposes will be only 84 square metres, and the
remainder of the gross leasable floor area is to be used for the production of baked goods.
Mr. Tsianos informed the Committee that the former tenant, Canada Trust, was the
occupant of the subject property. Although the tenant "Bun King" did not want to lease
their total former space, they finally agreed to take the entire space to avoid expensive
renovation costs to the applicant.
Ms. Cumming read from the Planning Report of the Planning Department of the Town of
Pickering, No. 63/85 which report further supported that the gross leasable floor area of
any retail store not exceed 190 square metres.
Mr. Puterbough stated that it perhaps could be a condition of the tenant's lease to include
a clause to limit the gross leasable floor area of the retail component to 84 square metres.
Mr. Cole advised the Committee that if the application was approved, assurance of
controlling the retail component could be tied to the building permit.
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DECISION: Moved by Mrs. Kerr and seconded by Mrs. Scorer and carried unanimously
that -
this application, PICA 97/93, by Mary-Skents Developments Inc., as outlined, be
APPROVED, on the grounds that the application for the proposed maximum gross
leasable floor area for a retail use variance is minor in nature due to the fact that the
actual retail floor area will be less than 190 square metres, and the actual variance of
243 square metres of gross leasable floor area for a retail store will mostly be used for the
manufacture of baked goods; is 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 Zoning By-law 3036, Section 5.1(b)(ix)A of amending
Zoning By-law 2175/86, and amended by PICA 6/87, subject to the following condition:
1. That the proposed variance apply only to the bakery use as proposed with this
application and Building Permit 93-811.
8. OTHER BUSINESS
MOTION: Moved by Mr. Puterbough and seconded by Mrs. Scorer and carried
unanimously that -
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The 1994 meeting schedule for the Committee of Adjustment be adopted.
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9. ADJOURNMENT
MOTION: That the meeting of the Committee of Adjustment be adjourned at 8:15 p.m.
and the next regular meeting of the Committee of Adjustment be held on
December 15, 1993.
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CHAIRMAN
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SECRET ARY- TREASURER
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