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HomeMy WebLinkAboutMarch 17, 1993 - 20 - MINUTES of the 5th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, March 17, 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 Mrs. Lynda Taylor, Manager, Current Operations Division 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. Bhuta, seconded by Ms. Archer and carried unanimously- That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, February 24, 1993 be adopted. '-' 3. (adjourned from February 24, 1993 Meeting) P /CA 16/93 - A. and W. Chamberlain Part of Lot 3, Plan 12 Also known as 1720 Central Street Hamlet of Claremont The applicants request relief from the provisions of Zoning By-law 3037, as varied by PICA 43/81 to permit the following: (1) Section 8.2.1 of the By-law to permit the continuance of a lot frontage of 20.1 metres whereas the By-law requires that a lot provide a minimum 22.0 metre lot frontage. (2) Section 8.2.1 of the By-law to permit the continuance of a lot area of 800.7 square metres whereas the By-law requires that a lot provide a minimum lot area of 1,390.0 square metres. (3) Section 8.2.1 of the By-law to permit the continuance of a maximum lot coverage of 22.4 percent whereas the By-law limits the lot coverage of structures on the lot to 20 percent. (4) Section 5.21 of the By-law to permit the continuance of a flankage side yard width of 1.0 metres whereas the By-law requires that a dwelling provide a minimum 4.5 metre flankage side yard width. w Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the zoning by-law and to obtain a Building Permit (#93-0047) for a washroom addition to the rear of the existing dwelling. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, Regional Councillor Rick Johnson, and the Region of Durham, Department of Health Services, which the Committee had before them. Mr. Chamberlain was present to represent the application. No further representation was present in favour or in objection to the application. - 21 - DECISION: Moved by Mr. Puterbough, seconded by Mrs. Scorer, and carried unanimously that - this application, P /CA 16/93 by A. and W. Chamberlain, as outlined, be APPROVED on the grounds that the requested variances of lot frontage, lot area, lot coverage and side yard obstruction are minor in nature, desirable for the appropriate use of the land, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Section 8.21 and Section 5.7(b) of By-law 3037 subject to the following condition: 1. That these variances apply only to the dwelling in existence on the date of this decision with the addition proposed in building permit application #93-0047. ,... 4. PICA 19/93 - R.E. Keeler Part of Lot 21, Concession 2; Part 1, 40R-12777 Also known as 1442 Finch Avenue The applicant requests relief from the provisions of Zoning By-law 3036, as varied by PICA 99/87, as follows: (1) Section 7.2.1 of the By-law, as varied by PICA 99/87, to permit the subject property to have a minimum lot area of 0.308 hectares, whereas the by-law requires that a lot provide a minimum lot area of 0.397 hectares. (2) Section 7.2.1 of the By-law, as varied by P /CA 99/87, to permit the continuance of an east side yard width of 1.86 metres provided by the existing dwelling on the lot, whereas the By-law requires that a dwelling provide a minimum 1.87 metre east side yard width. Approval of this variance application is required in order to bring the existing dwelling and property into compliance with the zoning by-law, and to permit a portion of the subject property, (Parts 2, 3,4,5 and 6, 40R-12777) at the rear of the subject property, to be severed. The Secretary- Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham, Department of Health Services, which the Committee had before them. ....... Ms. Archer declared a conflict of interest and did not participate in the consideration of this application. Mr. Martin Gaffney, the agent for the applicant, was present to represent the application. No further representation was present in favour or in objection to the application. Mr. Gaffney noted that Part 7, 40R-12777 was not included in the current applications (LD 61/93 through LD 65/93) before the Region of Durham Land Division Committee, and stated that an application has now been made for severance of Part 7, 40R-12777 to the Region of Durham Land Division Committee. ..... Mrs. Taylor indicated that Part 1, 40R-12777 of the subject property is the only concern of the Committee for the proposed variances. DECISION: Moved by Mrs. Scorer, and seconded by Mr. Bhuta, and carried that- this application, P /CA 19/93, by R.E. Keeler, as outlined, be APPROVED, on the grounds that the reduced lot area and east side yard width 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 By-law 3036, as varied by PICA 99/87, subject to the following conditions: I. That the east side yard width variance apply only to the dwelling in existence on the property on the date of this decision; 2. That Land Severance Applications LD 61/93 through LD 65/93 be perfected within two years of the date of this decision or the lot area variance shall become null and void. - 22 - 5. PICA 20/93 - Yorkwood Investments Limited Lot 42, Plan 40M-1692 Also known as 117 Sweet briar Court '- The applicant requests relief from the provisions of Section 5.18(d) of Zoning By-law 3036, as varied by P /CA 41/91, to permit the establishment of a 1.2 metre east side yard width to be provided by a proposed dwelling on the lot, whereas the By-law requires that a residential detached dwelling with an attached garage provide minimum side yard widths of 1.5 metres. Approval of this variance application is required in order to permit the construction of a proposed residential detached dwelling on the lot. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, the Region of Durham, Department of Health Services and Canadian National Railway, Engineering Services (CN), which the Committee had before them. The Secretary-Treasurer noted a correction to the report of March 11, 1993 from the Town of Pickering Planning Department in Section #4, paragraph two, that the year stated should have read 1991, and the application number should have read 41/91. Mr. M. Godfrey, agent for the applicant, was present to represent the application. No further representation was present in favour or in objection to the application. '-' Mr. Godfrey stated that the CN railway backs onto the subject property, and that the previous developer of the property had been granted a variance for the front yard depth. He stated that the subject lot is a problem because of the bulb in the road and the angle on the side of the lot. Mr. Godfrey noted that in the subdivision agreement with the Town that a 30 metre setback from CN lands is required from the rear of the proposed dwelling on the lot. Mr. Godfrey demonstrated by comparison: (1) the standard building envelope (2) the building envelope of other abutting properties to the CN lands on the same street; to the building envelope of the subject property. Mr. Godfrey showed that the subject lot has a building envelope depth of approximately 31 feet, whereas a normal building lot would have a building envelope depth of 65 1/2 feet. Mr. Godfrey explained that the subject lot was indeed a problem as it is not a normal building lot. Mr. Godfrey stated that the other homes on the same street ranged in size from 2,500 to 2,600 square feet. The model of house proposed for the subject lot has a square footage of approximately 2,150 square feet. Mr. Godrey indicated that the proposed house could not be sited any further back on the lot because of the 30 metre setback requirement of CN. DECISION: Moved by Mrs. Kerr, and seconded by Mr. Bhuta, and carried unanimously that - this application, PICA 20/93 by Yorkwood Investments Limited, as outlined, be APPROVED on the grounds that the variance is minor in nature as the encroachment into the required side yard width is relatively small; the dwelling will encroach into the side yard width that abuts onto open space parkland; due to the requirement of the Canadian National Railway of a 30 metre setback from CN lands, the proposed dwelling cannot be sited any further back on the lot; several development options were explored by the landowner, however no other reasonable design alternatives were available; desirable for the appropriate development of the land; and is in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Section 5.18(d) of Zoning By-law 3036, as varied by PICA 41/91. 6. PICA 21/93 - R. and R. Sweetland Part of Lot 1148, Plan M-16 Also known as 876 Liverpool Road The applicants request relief from the provisions of Zoning By-law 2520 as follows: (1) Section 8.2.3 of the By-law to permit the continuance of north side yard width of 0.49 metres, whereas the By-law requires that any building provide minimum side yard widths of 2.4 metres. 'W (2) Section 8.2.5 of the By-law to permit the continuance of a maximum lot coverage of 38.4 percent, whereas the By-law limits the lot coverage of structures on the lot to 33 percent. Approval of this variance applicatif.m is required in order to bring the subject property into compliance with the provisions of the zoning by-law. - 23 - The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and a telephone call received from Mr. M. Twaites, 878 Liverpool Road, indicating that he felt the variance should have been applied for prior to the issuance of a building permit (a number of years ago), and stated the zoning by-laws should be complied with and not be considered after a structure has already been built. Mr. Sweetland was present to represent the application. No further representation was present in favour or in objection to the application. '-' Mr. Sweetland stated that the carport was erected prior to his purchase of the property in 1986, and indicated that he installed aluminum siding to one side of the carport in 1987 or 1988. Mr. Puterbough asked if the carport was originally part of the house. Mr. Sweetland replied that he believed the carport was built at the time of the construction of the house. Mr. Sweetland indicated that when a new survey was recently done of the property, that the non-compliance situation was brought to his attention. Mr. Puterbough asked if the carport was enclosed on all sides. Mr. Sweetland indicated that the carport was open on both ends and that it was enclosed on one side only. DECISION: Moved by Mr. Puterbough, and seconded by Mr. Bhuta, and carried unanimously that - this application, P /CA 21/93 by R. and Dr. Sweetland, as outlined, be APPROVED, on the grounds that the requested 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 8.2.3. and Section 8.2.5 of Zoning By-law 2520 subject to the following condition: I. That the requested variances apply only to the dwelling in existence on the subject property on the date of this decision. ""-" 7. P /CA 22/93 - S. and S. Bakos Lot 38, Plan 816 Also known as 1397 Old Forest Road The applicants request relief from the provisions of Zoning By-law 3036, as amended by Zoning By-laws 2457/87 and 3429/90, as follows: (1) Section 10.2.3 of the By-law to permit the continuance of a front yard depth of 5.9 metres, whereas the By-law requires that a dwelling provide a minimum front yard depth of 7.5 metres. (2) Section 10.2.3 of the By-law to permit the continuance of a west side yard width of 1.2 metres, whereas the By-law requires that a dwelling provide minimum side yard widths of 1.5 metres and 2.4 metres. (3) Section 5.18(a) of the By-law to permit the continuance of the accessory structure (garage) to be located in the side yard of the lot, whereas the By-law requires that all accessory buildings which are not part of the main dwelling be erected in the rear yard. Approval of this variance application is required in order to bring the subject property into compliance with the zoning by-law, and in order that a building permit may be obtained for a proposed addition to the rear of the dwelling. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham, Department of Health Services. ....... Ms. Sharon Bakos and Mr. Steve Bakos, the applicants, were present to represent the application. No further representation was present in favour or in objection to the application. - 24 - DECISION: Moved by Mr. Bhuta, and seconded by Mrs. Kerr, and carried unanimously that - this application, P /CA 22/93 by S. and S. Bakos, as outlined, be APPROVED, on the grounds that the requested 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 10.2.3 and 5.18(a) of Zoning By-law 3036, as amended by Zoning By-laws 2457/87 and 3429/90, subject to the following condition: I. That this variance apply only to the existing dwelling with an addition, and to the existing accessory structure as generally outlined on the plans submitted with this application. '- 8. PICA 23/93 - M. and C. Gaffney Part of Lot 20, Concession 2 Also known as 2027 Valley Farm Road The applicants request relief from the provisions of Zoning By-law 3036 as follows: (1) Section 7.2.1 of the By-law to permit the continuance of a 38.1 metre lot frontage, whereas the By-law requires that a dwelling provide a minimum 60.0 metre lot frontage. (2) Section 7.2.1 of the By-law to permit the continuance of a lot area of 0.23 hectares, whereas the By-law requires that a lot provide a minimum lot area of 0.8 hectares. (3) Section 7.2.1 of the By-law to permit the establishment of a north side yard width of 1.5 metres, whereas the By-law requires that a dwelling provide minimum side yard widths of 3.0 metres. (4) Section 7.2.1 of the By-law to permit the establishment of a maximum lot coverage of 16.3 percent, whereas the By-law limits the maximum lot coverage of all structures on a lot to 10 percent. "-' Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the zoning by-law, and to obtain a building permit(s) for the proposed additions to the existing dwelling. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, the Region of Durham, Department of Health Services, and Councillor Rick Johnson, Ward 3. Mr. Martin Gaffney was present to represent the application. No further representation was present in favour or in objection to the application. Ms. Archer declared a conflict of interest and did not participate in the consideration of this application. Mrs. Scorer asked if the garage could be angled in a different way in order to meet the 3 metre side yard width requirement. Mr. Gaffney stated that if the garage was not built on an angle that the garage would look awkward. Mr. Gaffney stated that he had contacted the neighbour to the north of the subject property, and the neighbour indicated that he would not object to looking at the back of the proposed garage. Mr. Gaffney stated that there are several mature trees on that side of the property, and he also proposed to install further landscaping in that area. Mr. Gaffney also noted that the nearest dwelling to the north of the property is 30 to 50 feet away. Mr. Bhuta inquired as to the use of the area between the garage and the existing house. Mr. Gaffney replied that the area was intended for a work shop area. Mrs. Kerr inquired as to the driveway location to the subject property. Mr. Gaffney indicated the driveway entrance is from Valley Farm Road, and that the garage would be entered from the south side. ~ Mrs. Taylor informed the Committee that if the garage was constructed in a different manner than the drawing, that the proposed lot coverage variance of 16.3 percent may not be accurate. Mr. Gaffney indicated that the proposed lot coverage variance would probably not be a problem. . - 25 - DECISION: Moved by Mr. Puterbough, seconded by Mr. Bhuta, and carried that- this application, P /CA 23/93 by M. and C. Gaffney, as outlined, be APPROVED, on the grounds that the lot frontage, lot area, lot coverage and north side yard width 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, subject to the following conditions. (1) That the garage addition, as generally described in this application, be constructed within two years of date of this Decision or the north side yard width variance shall become null and void. ...... (2) That the garage and other additions be architecturally co-ordinated with the existing dwelling. 9. ADJOURNMENT MOTION: Moved by Mrs. Scorer, seconded by Mr. Bhuta and carried unanimously- That the 5th 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, April 7,1993. ':..-.a~,'L ;;; /9KJ'7 DATE "-'" jZ;;1Vl--~ y:/ 0- CHAIRMAN ~ ~:J /-~' d~~ 1 erPU/ SECRETARY- TREASURER/ "-'"