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HomeMy WebLinkAboutFebruary 24, 1993 -15 - MINUTES of the 4th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, February, 24, 1993. PRESENT Ms. S. Archer, Chairperson Mr. B. Bhuta 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 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 Mrs. Scorer and carried unanimously - That the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday, February 3, 1993 be adopted. 3. PICA 13/93 - G. Dunning Part of Lot 30, Concession 1 Also known as 598 Sheppard Avenue ~ The applicant requests relief from the provisions of Section 5.18(d) of By-law 3036 to permit the continuance of a minimum 1.0 metre east side yard width provided by a dwelling with an attached accessory structure (garage) whereas the by-law requires that a dwelling with an attached accessory structure provide minimum side yard widths of 1.5 metres. Approval of this variance application is required in order to bring the subject property into compliance with the Zoning By-law and to obtain a Building Permit for the garage addition (#92-1521). -- The Secretary-Treasurer outlined comments received from the Planning Department. Mr. G. Dunning, the applicant, was present to represent the application. Mrs. Scorer cautioned the applicant regarding a statement included in the report to the Committee of Adjustment dated February 16, 1993 from Mr. Cole that "the applicant must still comply with the Ontario Building Code prior to the issuance of a building permit. The Town Building Department has advised that if the subject addition has windows on the east side, then the addition must either provide a side yard width of 1.2 metres, or the windows be removed." Mr. Dunning stated that he is aware of the situation and that the windows would be removed if necessary. DECISION: Moved by Mr. Bhuta, and seconded by Mrs. Scorer, and carried unanimously that - this application, P /CA 13/93 by G. Dunning, be APPROVED as outlined, on the grounds that the proposed side yard width variance is minor in nature, required to recognize an existing situation, 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 5.18(d) of By-law 3036 subject to the following condition: I. That this variance apply only to the dwelling in existence on the date of this decision as shown on the plans submitted with this application. -16 - 4. PICA 14/93 - M. Thomas Part of Lot 77, Plan 492 Also known as 1290 Glenanna Road The applicant requests relief from Zoning By-law 3036 as follows: (1) Section 9.2.3 of the By-law to permit: i) the establishment of a minimum 6.0 metre front yard depth to be provided by a proposed dwelling to be constructed on the newly created lot whereas the By-law requires that a dwelling provide a minimum front yard depth of 7.5 metres; ,..,. ii) the establishment of a minimum 4.8 metre rear yard depth to be provided by a proposed dwelling to be constructed on the newly created lot whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. (2) Section 5.18(a) of the By-law to permit the continuance of an accessory structure located 0.7 metres from the north lot line and 0.9 metres from the west lot line on the newly created lot whereas the By-law requires that accessory structures not attached to the main building be erected in the rear yard 1.0 metres from all lot lines. Approval of this variance application is required in order to bring the newly created lot into compliance with the provisions of the zoning by-law and to obtain a Building Permit for a dwelling to be constructed on the lot. The Secretary-Treasurer outlined comments received from the Planning Department and a verbal comment received from the Durham Regional Health Services that they had no objection to the application provided that the lot is services with municipal water and sewers. Mrs. M. Thomas, the applicant, was present to represent the application. The Secretary-Treasurer indicated that in the Decision for the variance application it would be noted that a main dwelling does not exist on the lot. DECISION: Moved by Mrs. Scorer, and seconded by Mr. Bhuta and carried unanimously that - this application, P /CA 14/93 by M. Thomas, be APPROVED as outlined, on the grounds that ....... the proposed front and rear yard depth, and the accessory structure location 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 9.2.3 and Section 5.18(a) of Zoning By-law 3036 subject to the following condition: I. That these variances apply only to the existing accessory structure and proposed dwelling as generally outlined in this application. 5. PICA 15/93 - V. and D. Vine Lot 61, Plan 40M-1467 Also known as 935 Rambleberry Avenue The applicants request relief from Zoning By-law 3036, as amended by Zoning By-law 1998/85, as varied by PICA 103/87, Section 5(I)(b)(iv)A of the By-law to permit the continuance of a north side yard width of 1.1 metres whereas the By-law requires that a dwelling provide minimum side yard widths of 1.2 metres. Approval of this variance application is required in order to obtain a Building Permit (#92-1461) for the enclosure of a hot tub and deck on the subject property. '-' The Secretary-Treasurer outlined comments received from the Planning Department. Mr. and Mrs. Vine, the applicants, were present to represent the application. Several other immediate neighbours were present in support of the application. Mrs. Scorer stated that if a future survey is completed, and the measurements show that the north side yard of 1.1 metres is not accurate, then another variance would be required. Mr. Vine indicated that he had measured the side yard width distance twice, and hoped that the measurement was correct. -17 - DECISION: Moved by Mrs. Scorer, and seconded by Mr. Bhuta and carried unanimously that - this application, PICA 15/93 by V. and D. Vine, be APPROVED as outlined, on the grounds that the proposed north side yard width 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.(I)(b)(iv)A of By-law 1998/85 subject to the following condition: I. That the proposed north side yard variance of 1.1 metres apply only to the rear yard addition as generally shown in this application. ,-,. 6. 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. ........ 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. As the applicants were not present at the meeting, and no other representation was present at the meeting in favour or in objection to the application, the matter was adjourned to the next Committee of Adjustment meeting. MOTION: Moved by Ms. Archer, and seconded by Mrs. Scorer, and carried that- consideration of this application, P /CA 16/93 by A. and W. Chamberlain, be ADJOURNED to the next meeting of the Committee of Adjustment, Wednesday, March 17, 1993. 7. PICA 17/93 - S. Boulanger Lot 70, Plan 331 Also known as 676 Victory Drive '-' The applicant requests relief from the provisions of Section 5.19(a) of By-law 2511, as varied by P /CA 26/90 and P /CA 11/93, to permit the continuance of a 0.7 metre south yard width and 0.3 metre west yard width by the proposed second-storey addition (garage) whereas the zoning by-law requires that detached accessory structures be located in the rear yard not less than 1.0 metres from all lot lines. Approval of this variance application is required in order to obtain a building permit for a proposed second-storey addition to the accessory structure (garage). The Secretary- Treasurer outlined comments received from the Planning Department. Mr. S. Boulanger, the applicant, and Mr. M. Basque, the agent, were present to represent the application. Mr. C. Lantaigne and Mr. J.P. Lantaigne, of 672 Victory Drive, were also present in favour of the application. ..... .. -18 - Mrs. Scorer stated as Mr. Boulanger's application, P /CA 17/93, is an extension of the variance application heard at the Committee of Adjustment meeting on February 3, 1993 being minor variance application P /CA 11/93 for the same property, that Mr. Boulanger's application fee of $160.00 should be refunded. MOTION: Moved by Mrs. Scorer, and seconded by Ms. Archer and carried unanimously that - Mr. S. Boulanger's application fee of $160.00 for the variance application P /CA 17/93 be refunded to him as the application was an extension of P /CA 11/93. DECISION: Moved by Mrs. Scorer, and seconded by Mr. Bhuta and carried unanimously .....,. that - this application, P /CA 17/93 by S. Boulanger, as outlined be APPROVED as outlined, on the grounds that the proposed south and west yard width variances for a second storey addition to the existing detached garage 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 Omcial Plan, the Pickering District Plan, and Section 5.19(a) of By-law 2511, subject to the following condition: 1. That these variances apply only to the existing accessory structure with the addition proposed in building permit application #93-028. 8. PICA 18/93 - J. and M. Alexander Lot 105, Plan 1041 Also known as 803 Finch Avenue The applicants request relief from the provisions of Zoning By-law 3036, Section 10.2.3 to permit the continuance of a front yard depth of 6.7 metres whereas the By-law requires that any building structure provide a front yard depth of 7.5 metres. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the zoning by-law. The Secretary-Treasurer outlined comments received from the Planning Department. Mr. Harvey Storm, of Storm & Associate, Barristers and Solicitors, the agent, was present to represent the application. Mr. Storm requested that the application fee for the minor variance application be waived in this matter since it was not brought to the owners attention that a non-compliance situation existed in 1983 when a previous variance application was granted (P /CA 55/83). Mr. Storm stated that he obtained from the present applicants a copy of a survey stamped by the Town that the property complied with the zoning by-laws, as varied. Ms. Archer stated that as in 1983 the subject property was under different ownership, that she did not know if the previous owner was informed of the non-compliance. Mrs. Archer also advised that in light of the Planning Department's explanation of the matter, that the request for a refund was unsupported by the Committee. DECISION: Moved by Mr. Bhuta, and seconded by Mrs. Scorer, and carried unanimously that - this application, P /CA 18/93 by A. and W. Alexander, be APPROVED as outlined, 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 Omcial Plan, the Pickering District Plan and Section 10.2.3 of Zoning By-law 3036 subject to the following condition: I. That this variance apply only to the existing dwelling as generally outlined in this application. '-' '-' '-' .19 . 9. ADJOURNMENT MOTION: Moved by Mrs. Scorer, seconded by Ms. Archer and carried unanimously. That the 4th meeting of the Committee of Adjustment be adjourned at 7:40 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, March 17, 1993. DA-': (f< c L /0 /993 ") < ~>t0t"~ CHAIRMAN -C- 9~ 7! L~ s~ /- c .6b;&:~ SECRETARY.TREASU R ;1r~~ .