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HomeMy WebLinkAboutOctober 13, 1993 - 59 - MINUTES of the 15th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, October 13, 1993. 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 7:10 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 Ms. Archer, seconded by Mrs. Scorer and carried unanimously- That the minutes of the 14th meeting of the Committee of Adjustment held September 22, 1993 be adopted. 3. P /CA 61/93 - Cougs Investments Limited Lot 19,40M-1721 Also known as 813 Primrose Court -- This application was deferred from the Committee of Adjustment meeting of September 22, 1993. The applicant requests relief from the provisions of Zoning By-law 3036 as amended by Zoning By-law 2780/88, Section 5(2)(b)(vi)C, to permit the establishment of a minimum rear yard depth of 10.0 metres, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 15.0 metres. The applicant has requested this variance application to establish a reduced rear yard depth requirement for the subject property, and to obtain a building permit for a second-storey deck. The applicant, Cougs Investments Limited, requested (by letter) a deferral to the next Committee of Adjustment meeting to allow more time to contact the developer, Fairport Developments. MOTION: Moved by Mrs. Scorer and seconded by Ms. Archer and carried unanimously that - this application P /CA 61/93, by Cougs Investments Limited, for Lot 19, Plan 40M-I721 be deferred to the next Committee of Adjustment meeting of November 3,1993. 4. P /CA 81/93, P /CA 82/93 and 84/93 D. & G. Jee, K. S. Miller, and R. & S. Bryant Part of Lots 97 and 99, Plan 350 Also known as 471, 473 and 481 Rougemount Drive '-" The applicants request relief from the provisions of Section 9.2.1 and Section 9.2.3 of By-law 2511 to permit the continuance of: (a) P /CA 81/93 and P /CA 84/93 - a minimum lot frontage of 16.6 metres, whereas the By-law requires that a lot provide a minimum frontage of 18.0 metres. - 60 - (b) PICA 82/93 - a minimum lot frontage of 16.6 metres, whereas the By-law requires that a lot provide a minimum frontage of 18.0 metres; and the continuance of a minimum south side yard width of 0.6 metres provided by the existing dwelling on the lot; whereas the By-law requires that a dwelling provide minimum side yard widths of 1.8 metres on one side and 3.0 metres on the other side. Approval of these variance applications is required in order to bring the subject properties into compliance with the provisions of the zoning by-law. Ms. Miller, Mr. Jee and Mr. Bryant were present to represent the applications. Mr. Peter Wood of Rougemount Drive, was also present. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. The applicants were provided with a copy of all comments received. Mr. Wood asked for clarification on the procedural error that previously occurred. Mr. Cole explained that the applications were not properly circulated to the correct property owners within 60 metres of the subject properties in the 1970's, and therefore the decisions were null and void. '-" DECISION: Moved by Mr. Bhuta and seconded by Mr. Puterbough and carried unanimously that - these applications PICA 81/93, PICA 82/93 and PICA 84/93 by D. & G. Jee, K. S. Miller, and R. & S. Bryant, as outlined, be APPROVED on the grounds that the variances are the result of a past procedural error, minor in nature, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Sections 9.2.1 and 9.2.3 of By-law 2511. 5. P /CA 83/93 - Portcullis Gate Inc. Part of Lot 4, Plan 456 Also known as 1467 Whites Road The applicant requests relief from the provisions of Zoning By-law 3036, as amended by Zoning By-law 3768/91 as follows: Section 5(I)(b)(iv) of By-law 3768/91 to permit the establishment of a west yard depth of 9.0 metres to be provided by the proposed development, whereas the By-law requires that a building provide a minimum west yard depth of 10.0 metres. Section 5(I)(b)(ii)B of By-law 3768/91 to permit the establishment of dwelling units to be located 10.0 metres from the west lot line, whereas the By-law requires that dwelling units be located 22.5 metres from the west lot line. Section 5(I)(b)(iv) of By-law 3768/91 to permit the establishment of a south yard depth of 6.8 metres to be provided by the proposed development, whereas the By-law requires that a building provide a minimum south yard depth of 11.0 metres. Section 2.2.1 of the By-law (3036) to permit the establishment of: a) a two-way traffic aisle width of 3.2 metres on the south side of the proposed development; b) a two-way traffic aisle width of 5.7 metres leading into the parking garage of the proposed development. whereas the By-law requires that the minimum perpendicular width of an aisle used to gain access to a parking stall shall be 6.5 metres. (5) Section 5(I)(b)(vi)B of By-law 3768/91 to permit the establishment of resident parking spaces to be located partially below grade in the parking garage of the proposed development, whereas the By-law requires that resident parking spaces shall be provided in a below grade structure. (6) Section 5(I)(b)(vi)B of By-law 3768/91 to permit the establishment of visitor parking spaces to be located at grade, partially below grade in the parking garage of the proposed development, or both, whereas the By-law requires that visitor parking spaces shall be provided at grade, in a below grade structure, or both. ~. The applicant has requested this variance application in order to obtain a building permit for the construction of a six-storey residential development on the subject property. Mr. D. Pollard, the agent, was present to represent the application. Ms. V. Solomon was also present in support of the application. ~ (1) (2) (3) (4) - 61 - The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. No further representation was present in favour of or in objection to the application. The applicant was provided with a copy of all comments received. The Town of Pickering Planning Department had submitted a further condition to approval of the variances as follows: 3. That no building permit be issued until such time as the owner satisfies the Town that suitable arrangements have been made with the owner of the southerly abutting property respecting the provision of a full two-way traffic aisle. - Ms. Solomon stated that the proposed development has deadlines to meet as set by the Ministry of Housing, and that this condition may delay development. Mr. Cole explained the variance, if not appealed, would become final and binding 30 days after a decision on the variance. Ms. Archer explained that the easements for the two-way traffic aisle would have to be obtained only prior to issuance of a building permit, and would not delay their deadline requirements. DECISION: Moved by Mrs. Scorer and seconded by Mr. Puterbough and carried unanimously that - this application P /CA 83/93, by Portcullis Gate Inc, 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 Section 2.2.1 of Zonin~ By-law 3036, and Sections 5(I)(b)(iv), 5(I)(b)(ii)B and 5(I)(b)(vi)B of Zoning By-law 3768/91, subject to the following conditions: 1. That these variances apply only to the development as generally proposed by this application. 2. That the owner obtain building permits for the development as generally proposed by this application within 24 months of the date of this decision or this decision shall become null and void. '-" 3. That no building permit be issued until such time as the owner satisfies the Town that suitable arrangements have been made with the owner of the southerly abutting property respecting the provision of a full two-way traffic aisle. 6. P /CA 85/93 - Mary-Skents Developments Incorporated Part of Lot 26, Plan 492 and Part of Lot 23, Concession 1 Also known as 1290 - 1298 Kingston Road and 1848 Liverpool Road The applicant requests relief from the provisions of Zoning By-law 3036, as amended by Zoning By-law 2175/86, as varied by P /CA 6/87, from the following: (1) Section 5(b)(ix)C of the By-law to permit the establishment of a gross leasable floor area of 854.0 square metres for all Restaurants - Type B, whereas the By-law requires that the gross leasable floor area of all Restaurants - Type B, shall not exceed 760.0 square metres. (2) Section 5(b)(ix)D of the By-law to permit the establishment of a Restaurant - Type B in the area not cross-hatched, whereas the By-law requires that Restaurants - Type B (being a restaurant where food is consumed on the premises only) be permitted only in the cross-hatched area as shown on Schedule II to By-law 2175/86. (3) Section 5(b)(vii) of the By-law to permit the continuance of a maximum gross leasable floor area of 1,605.0 square metres for the existing buildings on the site, whereas the By-law requires that the maximum gross leasable floor area for all buildings on the site .,-,. not exceed 1,580.0 square metres. (4) Section 5(b)(v) of the By-law to permit the continuance of a maximum lot coverage of 34.8 percent for the subject property, whereas the By-law limits the coverage of the buildings on the site to 33 percent for the "Cll" - Commercial Zone. The applicant has requested this variance application in order to allow a Restaurant - Type B to be established in one of the units of the building in the area not cross-hatched on Schedule II to By-law 2175/86, and in order to bring the subject property into compliance with the provisions of the zoning by-law. '-- "-" ~ - 62 - Mr. M. Klawieter, the agent, was present to represent the application. Mr. J. Skentzos, the owner, was also present. The Secretary- Treasurer outlined comments received from the Town of Pickering Planning Department. No further representation was present in favour of or in objection to the application. The applicant was provided with a copy of all comments received. Mr. Klawieter stated that the properties are two separate parcels, and that the zoning by-law should refer to A - as a Restaurant; and B - as a strip mall. Mr. Bhuta stated that when the zoning by-law was originally prepared, apparently Mr. Skentzos did not want a restaurant use for the plaza. The plaza was then owned by a different owner. Mr. Skentzos is now the owner of the plaza. Mr. Skentzos indicated that he has a client for one of the units in the plaza for a fish and chip restaurant. Mr. Skentzos added that most of the units in the plaza are empty. Ms. Archer stated that the request for a restaurant, in an area not permitted, is a zoning change, and the applicant should have submitted a rezoning application to change the zoning to permit a restaurant. Mrs. Scorer added that the use was specifically excluded from the zoning by-law, and a minor variance was not the proper route to allow a zoning change. Mr. Skentzos again stated that they have a tenant for a unit for a restaurant, and that they could not keep the tenant if a restaurant was not permitted. Mr. Bhuta stated that he thought the Committee should help the owner in this situation. Mr. Bhuta stated that there are several restaurants in that area, and it would probably not make a difference. He added that none of the restaurant owners' complained about the requested variance. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Scorer and carried that - this application P /CA 85/93, by Mary-Skents Developments Incorporated be APPROVED on the grounds that the variances to permit an increase in the total maximum gross leasable floor area and the maximum lot coverage on the subject site are minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Omcial Plan, the Pickering District Plan and Sections 5(b)(v) and 5(b)(vii) of Zoning By-law 3036, as amended by By-law 2175/86 and PICA 6/87. this application PICA 85/93, by Mary-Skents Developments Incorporated be REFUSED on the grounds that the variance to permit an increase in the maximum gross leasable floor area for Restaurants - Type B and the permitted location for all Restaurants - Type B uses, is beyond the Committee's jurisdiction or authority; it is a total new use addition to the zoning by-law; is an inappropriate avenue to add a completely new use; and is not in keeping with the general intent and purpose of Sections 5(b)(ix)C and 5(b)(ix)D of Zoning By-law 3036, as amended by By-law 2175/86 and PICA 6/87. 7. ADJOURNMENT MOTION: Moved by Mrs. Scorer, seconded by Mrs. Kerr and carried unanimously- That the 15th 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 November 3, 1993. ~-<C'_X~-L) ~ /f?~3 DATE / , ~dcA/-J CHAIRMAN . ~./../ .,~ Y,,, /C-~- ;' '- ... ..~ 5{ ~"'<!'?7"'L--L':''C SECRETARY- TREASURER