HomeMy WebLinkAboutJanuary 21, 2009
Committee of Adjustment
Meeting Minutes
Wednesday, January 21, 2009
7:01 pm
Main Committee Room
PRESENT:
Kevin Ashe
David Johnson - Chair
Susan Kular
Eric Newton - Vice-Chair
Keith Wilkinson
ALSO PRESENT:
Ross Pym, Secretary-Treasurer
Jean Finn, Assistant Secretary-Treasurer
(I) ADOPTION OF AGENDA
Moved by Eric Newton
Seconded by Keith Wilkinson
That the agenda for the Wednesday, January 21, 2009 meeting be adopted.
CARRIED UNANIMOUSLY
(II) ADOPTION OF MINUTES
Moved by Susan Kular
Seconded by Keith Wilkinson
That the minutes of the 16th meeting of the Committee of Adjustment held
Wednesday, December 3, 2008 be adopted.
CARRIED UNANIMOUSLY
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Committee of Adjustment
Meeting Minutes
Wednesday, January 21, 2009
7:01 pm
Main Committee Room
(III) REPORTS
1 . (Deferred from the December 3, 2008 meeting)
PICA 48/08 - A. Perez
1622 Fairfield Crescent
(Lot 158, Plan 40M-1499)
City of Pickering
The applicant requests relief from Zoning By-law 3036 as amended by By-law
2118/85 to permit a deck located 0.3 metre from the rear lot line whereas the
By-law requires a minimum rear yard depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain Zoning
compliance.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending refusal of the application.
Written comments were also received from th.e City's Development Control
Supervisor expressing no concerns.
Alma Perez, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Kevin Ashe
Seconded by Susan Kular
That application PICA 48/08 by A. Perez, be DEFERRED for six weeks to the
March 4th meeting in order to give all the Committee Members an opportunity to
visit the site, as the snow is obstructing the view.
CARRIED UNANIMOUSLY
2. PICA 01/09 - D. and K. Florio
298 Starview Court
(Lot 20 Plan 40M-1449 and Block 43 Plan 40M-1450)
City of Pickering
The applicants request relief from Zoning By-law 3036 to permit the parking of a
vehicle 2.9 metres high on the driveway in the front yard, whereas the by-law
permits a maximum vehicle height of 2.6 metres.
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Committee of Adjustment
Meeting Minutes
Wednesday, January 21, 2009
7:01 pm
Main Committee Room
The applicants request approval of this variance In order to obtain zoning
compliance.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions. Written comments were also received from the City's Development
Control Supervisor expressing no concerns.
Paul Bigioni, the Applicant's Solicitor, was present to represent the application.
He stated that the variance is minor, the vehicle is only one foot over the by-law
requirement, and he presented pictures to the Committee. He stated that there
would be minimum intrusion on the streetscape, and the hedge provides a
buffer. He noted the impact on the neighbour if the truck was parked in the side
yard where the by-law permits the vehicle to park. He stated that there would be
an insurance problem if the truck was parked off of the property.
A petition from eleven area neighbours was submitted in objection to the
application. Concerns expressed in the correspondence were safety to residents
(especially children), traffic concerns, health concerns due to the diesel engine
idling in excess of 45 minutes, unpleasant odor, noise, negative aesthetics of the
court, and negative impact on property value. The petition notes the unapproved
cutting of public curb to accommodate a wider driveway and the use of property
for storage of unsightly, potentially dangerous (glass) commercial related
garbage, and that neighbours have made numerous complaints to the City for
over 15 years that th~ applicant has been operating a business from the
property.
Harri Gopaul of 296 Starview Court was present in objection to the application.
He expressed the concerns stated in the petition, and stated that it is an
industrial truck, and that the application fails to meet the four test points of the
Planning Act. He also stated that diesel oil has spilled into the trees. He stated
that there is a repulsive smell from the engine, that it is environmentally
unfriendly, obstructs the flow of traffic, and that the by-law allows four vehicles to
be parked and there are usually more cars parked. He further stated that they
have made numerous by-law complaints to the City for over 15 years regarding
the business operation of the applicant. He presented pictures to the
Committee.
Heidi Sanita of 294 Starview Court was present in objection to the application.
She stated that all the neighbours are affected by the parking of the commercial
truck, and that the truck should be parked elsewhere.
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Committee of Adjustment
Meeting Minutes
Wednesday, January 21, 2009
7:01 pm
Main Committee Room
Nenad Budisavljevic of 293 Starview Court was present in objection to the
application and concurred with the comments of Harri Gopaul.
Donna Hristov of 297 Starview Court was present in objection to the application.
She is opposed to the parking of commercial vehicles in a residential
neighbourhood and submitted a petition that outlined the objections to the
application.
Kingsley Anderson of 1813 Forestview Drive was present in support of the
application. He stated that neighbours should work together.
The Committee stated that some of the issues discussed pertained to by-law
enforcement and are beyond the jurisdiction of the Committee.
Moved by Kevin Ashe
Seconded by Eric Newton
That application PICA 01/09 by D. and K. Florio, be APPROVED on the grounds
that the request to permit the parking of a vehicle 2.9 metres high on the
driveway in the front yard is a minor variance that is desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of
the Official Plan and Zoning By-law, subject to the following condition:
1. That this variance applies only to one vehicle required by the current owners
for the operation of their personally owned and managed business.
CARRIED
Vote
Kevin Ashe
David Johnson
Susan Kular
Eric Newton
Keith Wilkinson
in favour
in favour
in favour
in favour
opposed
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Committee of Adjustment
Meeting Minutes
Wednesday, January 21, 2009
7:01 pm
Main Committee Room
3. PICA 02/09 - Cougs (Valleyfarm) Limited
Southeast corner of Kingston Road and Valley Farm Road
(Block 36, Plan 40M-2089)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by
By-laws 5891/01 and 5955/02 to permit a decrease in building height for stacked
townhouses from 16.0 metres and 6 storeys to 13.1 metres and 5 storeys and to
permit portions of a proposed six and ten storey condominium apartment
building to have a 0.0 metre setback from the main wall of the building along
Kingston Road, whereas the By-law requires a 1.0 metre setback for the portion
of the building greater than 16.0 metres in height.
The applicant requests approval of these variances in order to obtain Site Plan
approval and a building permit for the proposed multi-building development.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions. Written comments were also received from the City's Development
Control Supervisor expressing no concerns.
Written correspondence was also received from Robert Lennox on behalf of
Hildia Lennox of 1575 Kingstc;>n Road expressing concerns in regard to the
access road.
Shane Steuernol, agent, was present to represent the application. Shane
Steuernol explained the application.
No public spoke, however there were numerous neighbours present to observe
the hearing.
Moved by Kevin Ashe
Seconded by Susan Kular
That application PICA 02/09 by Cougs (Valleyfarm) Limited, be APPROVED on
the grounds that the proposed decrease in building height for stacked townhouses
of 13.1 metres and 5 storeys and a reduced setback of 0.0 metres from the main
wall of the building above 16.0 metres in height along Kingston Road are minor
variances that are desirable for the appropriate development of the land, and in
keeping with the general intent and purpose of the Official Plan and the Zoning
By-law, subject to the following conditions:
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Committee of Adjustment
Meeting Minutes
Wednesday, January 21, 2009
7:01 pm
Main Committee Room
1. That these variances apply only to the proposed multi-height, multi-building
development, as generally sited and outlined on the applicant's submitted
plans with this application.
2. That the applicant obtains Site Plan approval and a building permit for the
proposed mixed use development within three years of the date of this
decision, or this decision shall become null and void.
CARRIED UNANIMOUSLY
4. PICA 03/09 - R. & R. Cariaso
526 Laurier Crescent
(Lot 112, Plan 40M-1242
City of Pickering
The applicants request relief from Zoning By-law 3036, as amended by By-law
1289/81 to permit 3.3 metre rear yard depth to a proposed two-storey deck,
whereas the by-law requires a minimum rear yard depth of 7.5 metres.
The applicants request approval of this variance in order to obtain a building
permit.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions. Written comments were also received from the City's Development
Control Supervisor expressing no concerns.
Restituto Cariaso, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Eric Newton
Seconded by Keith Wilkinson
That application PICA 03/09 by R. & R. Cariaso, be APPROVED on the grounds
that the 3.3 metre rear yard depth to a proposed two-storey deck is a minor
variance that is desirable for the appropriate development of the land, and in
keeping with the general intent and purpose of the Official Plan and the Zoning
By-law, subject to the following conditions:
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Committee of Adjustment
Meeting Minutes .
Wednesday, January 21, 2009
7:01 pm
Main Committee Room
1. That this variance applies only to the proposed two-storey deck, as generally
sited and outlined on the applicant's submitted plans with this application.
2. That the applicants obtain a building permit for the proposed construction
within two years of the date of this decision, or this decision shall become null
and void
CARRIED UNANIMOUSLY
5. PICA 04/09 - Ontario Realty Corporation
2600 & 2610 Brock Road
(Lot 7 & 8, Plan 585, Part 5 - 10, 40R-2633)
City of Pickering
The applicant requests relief from Zoning By-law 3037 to permit a minimum lot
frontage of 80.7 metres, whereas the by-law requires a minimum lot frontage of
90.0 metres.
The applicant requests approval of this variance in order to complete a land
severance application to the Region of Durham Land Division Committee
(Region of Durham File LD 116/08).
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions. Written comments were also received from the City's Development
Control Supervisor expressing no concerns.
Lynn Collins, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Susan Kular
Seconded by Keith Wilkinson
That application PICA 04/09 by Ontario Realty Corporation, be APPROVED on
the grounds that a minimum lot frontage of 80.7 metres is a minor variance that
is desirable for the appropriate development of the land, and in keeping with the
general intent and purpose of the Official Plan and the Zoning By-law, subject to
the following conditions:
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Committee of Adjustment
Meeting Minutes
Wednesday, January 21,2009
7:01 pm
Main Committee Room
1. That this variance applies only to the proposed severed lot, as generally sited
and outlined on the applicant's submitted plans with this application.
2. That the applicant finalize the associated land severance application
LD 116/08 for the proposed severed lot or this decision shall become null and
void.
CARRIED UNANIMOUSLY
(IV) ADJOURNMENT
Moved by Susan Kular
Seconded by Keith Wilkinson
That the 1 st meeting of 2009 the Committee of Adjustment be adjourned at
7:58 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, February 11,2009.
CARRIED UNANIMOUSLY
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