HomeMy WebLinkAboutDecember 2, 2009
Committee of Adjustment
Meeting Minutes
CCtd o~
Wednesday, December 2, 2009
7:02 pm
PICKERING Main Committee Room
PRESENT:
Kevin Ashe
David Johnson - Chair
Eric Newton - Vice-Chair
Keith Wilkinson
ALSO PRESENT:
Ross Pym, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
ABSENT:
i
Susan Kular
(1) ADOPTION OF AGENDA
Moved by Eric Newton
Seconded by Keith Wilkinson
That the agenda for the Wednesday, December 2, 2009 meeting be adopted.
CARRIED UNANIMOUSLY
(II) ADOPTION OF MINUTES
Moved by Eric Newton
Seconded by Keith Wilkinson
That the minutes of the 151" meeting of the Committee of Adjustment held
Wednesday, November 11, 2009 be adopted as amended.
CARRIED UNANIMOUSLY
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Committee of Adjustment
City Meeting Minutes
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7:02 pm
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(III) REPORTS
1. (Deferred from the November 11, 2009 meeting)
P/CA 49/09 - E. Hudson
1404 Rougemount Drive
(Part Lot 19, Plan 228, Part 1, 40R-15517)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by
By-law 2912/88 to permit side yard widths of 1.5 metres to a proposed dwelling
and a proposed attached private garage to extend 12.4 metres beyond the front
wall of the.dwelling, whereas the by-law requires a minimum side yard width of
1.8 metres and an attached private garage to extend no more than 2.0 metres
beyond the front wall of the dwelling to which it is attached.
The applicant requests approval of these variances in order to obtain a building
permit.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending refusal. -Written comments
were also received from Penny & Josiv Stevanovski of 336 Fiddlers Court and
Barbara Nolan of 1396 Rougemount Drive in support of the application.
Gillian Hudson, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Gillian Hudson noted there are other dwellings in the neighbourhood with similar
garage locations, the zoning by-law for the property to the north has a side yard
width of 1.5 metres and feels this is a minor variance not a major variance.
Gillian Hudson also indicated the applicant has moved the location of the
proposed dwelling back so it is in line with the surrounding homes.
Moved by Kevin Ashe
Seconded by Eric Newton
That application P/CA 49/09 by E. Hudson, be APPROVED on the grounds that
the side yard widths of 1.5 metres, and an attached private garage to extend
12.4 metres beyond the front wall of the dwelling to which it is attached are minor
variances that are desirable for the appropriate development of the land, and in
keeping with the general intent and purpose of the Zoning By-law, subject to the
following conditions:
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Committee of Adjustment
CCtct Meeting Minutes
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Wednesday, December 2, 2009
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1. That these variances applies only to the detached dwelling, as generally sited
and outlined on the applicant's revised submitted plans with this application.
2. That the applicant obtains a building permit for the proposed construction by
December 2, 2011 or this decision shall become null and void'.
CARRIED UNANIMOUSLY
2. (Tabled at the November 11, 2009 meeting)
P/CA 53/09 & P/CA 54/09 - Whit Developments Inc.
1594 Valley Ridge Crescent, 1596 Valley Ridge Crescent
(Lot 7, Plan 410, Part 3 & Part 4, 40R-24799)
City of Pickering
Moved by Keith Wilkinson
Seconded by Eric Newton
That application P/CA 53/09 & P/CA 54/09 by Whit Developments Inc., be lifted
from the table.
CARRIED UNANIMOUSLY
The applicant requests relief from Zoning By-law 3036 to permit two new
detached dwellings having a front yard depth of 6.1 metres and a maximum lot
coverage of 39 percent (1594 Valley Ridge Crescent) and 38 percent (1596
Valley Ridge Crescent), whereas the by-law requires a minimum front yard depth
of 7.5 metres and a maximum lot coverage of 33 percent.
The applicant requests approval of these variances in order to obtain building
permits.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions. Written comments were received from the City's Development
Control Manager indicating approval of these variances should not be
considered until a revised Landscape Plan is submitted. Written comments were
also received from Councillor Rick Johnson in support of the application.
Fred Nicolucci, 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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Committee of Adjustment
Citq 00 Meeting Minutes
Wednesday, December 2, 2009
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PI Main Committee Room
Moved by Keith Wilkinson
Seconded by Eric Newton
That application P/CA 53/09 & P/CA 54/09 by Whit Developments Inc., be
APPROVED on the grounds that the front yard depth of 6.1 metres and a
maximum lot coverage of 39 percent (1594 Valley Ridge Crescent) and
38 percent (1596 Valley Ridge Crescent), 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:
1. That these variances apply only to the proposed detached dwellings, as
generally sited and outlined on the applicant's submitted plans with this
application.
2. That the owner submits, and receives approval from the Planning &
Development Department of a revised landscape plan for the proposed lots.
3. That the applicant obtains a building permit for the proposed construction by
December 2, 2011 or this decision shall become null and void.
CARRIED UNANIMOUSLY
3. P/CA 09/09 - Word of Truth Christian Centre
1527 Bayly Street
(Part of Lot 20, Range 3 BFC, Part 3, 40R-854 Part.3, 40R-20674)
City of Pickering
The applicant requests relief from Zoning By-law 2511, as amended by
By-laws 5736/00 and 1091/80 to permit a minimum of 89 parking spaces for a
place of religious assembly and to permit a south side yard parking width of
0.2 metres from the side lot line, whereas the by-law requires a minimum of
131 parking spaces and a minimum side yard parking width of 7.5 metres.
The applicant requests approval of these variances in order to obtain Site Plan
Approval.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions. Written comments were received from the City's Development
Control Manager expressing no concerns. Written comments were also received
from the City's Office of Sustainability, Economic Development Officer in support
of the application.
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Committee of Adjustment
Meeting Minutes
City O~ -
Wednesday, December 2, 2009
7:02 pm
PI Main Committee Room
Control Manager expressing no concerns. Written comments were also received
from the City's Office of Sustainability, Economic Development Officer in support
of the application.
David McAuley, agent, and Joseph Fisher, owner, were 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 P/CA 09/09 by Word of Truth Christian Centre, be APPROVED
on the grounds that the 89 parking. spaces for a place of religious assembly and
a south side yard parking width of 0.2 metres 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:
1. That these variances apply only to the proposed parking lot, as generally
sited and outlined on the applicant's submitted plans with this application.
2. That the applicant removes the existing sheds on the south side of the
property.
3. That the applicant obtains Site Plan Approval for the proposed development
by December 2, 2011, or this decision shall become null and void.
CARRIED UNANIMOUSLY
4. P/CA 57/09 & P/CA 58/09 - J. Muccillo
1435 Rosebank Road
(Lot 18, Plan 473)
City of Pickering
The applicant requests relief from Zoning By-law 3036, to permit a 0.9 metre
south side yard width to an existing dwelling and to permit a proposed lot frontage
of 14.0 metres with a north side yard width of 1.2 and a south side yard width of
,0.9 metres to a future lot, whereas the by-law requires a minimum lot frontage of
15.0 metres and a minimum side yard width of 1.5 metres.
The applicant requests approval of these variances in order to permit the creation
of two lots by means of a future application with the Region of Durham.
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Committee of Adjustment
Meeting Minutes
Citq ICI Wednesday, December 2, 2009
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7:02 pm
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The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions.and refusal for the future north and south side yard widths. Written
comments were also received from the City's Development Control Manager
expressing no concerns.
Written comments were also received from the City's Chief Building Official not
recommending approval. If the variance is approved as proposed the existing
building to be demolished or the existing building to be altered to permanently
remove all unprotected openings on the south elevation, and a 45 minute fire
resistance rating provided prior to any development on the newly created parcel.
Kevin Washington, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Kevin Washington explained application and has no problem in addressing all
the unprotected openings on the south elevation.
In response to a question from a Committee Member the Secretary-Treasurer
explained the building code requirements for the unprotected openings on the
south elevation.
Moved by Kevin Ashe
Seconded by Eric Newton
That application P/CA 57/09 & P/CA 58/09 by J. Muccillo, be DEFERRED until
the next meeting in order to give the applicant time to discuss possible options
with City staff, and to allow the Committee Members an opportunity to visit the
site.
CARRIED UNANIMOUSLY
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Committee of Adjustment
Meeting Minutes
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Wednesday, December 2, 2009
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5. P/CA 59/09 - Seongmin Park
_ 1703 - 1707 Central Street
(Lot 1 & 2, Plan 12)
City of Pickering
The applicant requests relief from the following provision of Zoning By-law
3037, to permit 2 residential dwelling units as permitted uses in the proposed
redevelopment, whereas the by-law does not permit residential dwelling units in
a commercial zone; to permit a front yard depth of 10.9 metres from the central
line of Brock Road, whereas the by-law requires a minimum front yard depth of
19.5 metres from centre line of Brock Road; to permit a parking area setback of
0.0 metres from a road allowance, whereas the by-law requires the minimum
parking area setback of 3.0 metres; to permit a side yard parking width of
0.9 metres, whereas the by-law requires minimum side yard parking width of
7.5 metres; to permit a rear yard depth of 5.7 metres, whereas the by-law
requires a rear yard depth of 7.5 metres; to permit a side yard width of
3.5 metres, whereas the by-law requires a minimum side yard width of
7.5 metres; to permit a flankage side yard width of 0.4 metres, whereas the
by-law requires a minimum flankage side yard width of 18.0 metres; to permit a
lot coverage of 48 percent, whereas the by-law permits a maximum lot
coverage of 33 percent; to permit a landscape open area of 38 percent,
whereas the by-law requires a minimum landscape open area of 50 percent
and to permit 3 parking spaces for the proposed development, whereas the
by-law requires a minimum parking of 11 for the proposed development.
The applicant requests approval of these variances in order to obtain site plan
approval and building permits for the proposed commercial redevelopment that
was destroyed by fire.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions. Written comments were received from the City's Development
Control Manager expressing no concerns. Written comments were received
from the City's Office of Sustainability, Economic Development Officer and
Councillor Rick Johnson both in support of the application. Written comments
were received from John and Gordana Breen of 4993 Old Brock Road in
opposition of the application. Written comments were received from Harper
Forbes and Laurie Wilson-Forbes of 1711 Central Street in support of the
application with an exception to the location of the recycling bin.
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Committee of Adjustment
Ccfl1 Meeting Minutes
Wednesday, December 2, 2009
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Written comments were also received from Durham Region, Senior Public
Health Inspector unable to comment until the owner/applicant provides the total
daily sewage flow and a site plan showing the location of all structures, well(s)
and private sewage disposal envelopes.
Correspondence received from John and Gordana Breen the abutting property
owners expressed several concerns with the application and requested
conditions of'approval be considered related to their structure. John and
'Gordana Breen expressed several concerns at the meeting regarding the
parking space on the south side of the building being used for commercial use
and the location being next to their house and would like the parking space gated
to prevent loitering, the location of the recycling bin, and lights installed for safety.
Correspondence received from Harper Forbes and Laurie Wilson Forbes
indicate the variances are acceptable and are in support of the application
however has a concern with the location of the recycling bin and would like to
see the proposed recycling bin moved to another area on the property.
John Owen, agent, was present to represent the application. Don Bennett of
5258 Old Brock Road was present in favour of the application. John and
Gordana Breen of 4993 Old Brock Road were present in objection to the
application.
John Owen provided a Site Plan, for the Committee to review, of the subject
property and indicated they are incorporating many features of the original
building, a chart was handed out to the Committee Members outlining the
requested variances, and submitted a petition signed by approximately
548 residents in support of the application. In response to questions and
concerns, John Owen indicated that he will be in contact with John and Gordana
Breen to address some of their concerns.
Don Bennett indicated the redevelopment will be in character with the
surrounding neighbourhood however has a concern with the parking space on
the south side of the building used for commercial use.
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Committee of Adjustment
Meeting Minutes
City o~
Tall. Wednesday, December 2, 2009
7:02 pm
Main Committee Room
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Moved by Kevin Ashe
Seconded by Eric Newton
That application. P/CA 59/09 by Seongmin Park, be APPROVED on the grounds
that the request to permit 2 residential dwelling units in a commercial zone, a
front yard depth of 10.9 metres from the centre line of Brock Road, a parking
area setback of 0.0 metres, a side yard parking width of 0.9 metres, a rear yard
depth of 5.7 metres, a side yard width of 3.5 metres, a flankage side yard width
of 0.4 metres, a maximum lot coverage of 48 percent, a minimum landscape
open area of 38 percent and to provide 3 parking spaces are minor variances
that are desirable for the appropriate redevelopment 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:
1. That these variances applies only to the proposed commercial development,
as generally sited and outlined on the applicant's submitted plans with this
application.
2. That the applicant obtains site plan approval and building permits for the
proposed commercial development by December 2, 2011, or this decision
shall become null and void.
CARRIED UNANIMOUSLY
6. P/CA 60/09 to P/CA 71/09 - Grossi Group Development Inc.
361 Chickadee Court
(Block 18, Plan 40M-1827)
City of Pickering
The applicant requests relief from the following provisions of Zoning By-law
3036, as amended by By-law 4645/95, to permit the proposed townhouse lots
and semi-detached lots which do not front on an opened public street maintained
at public expense thereby provide a lot frontage of 0.0 metres, whereas the
by-law states that no person shall erect or use any building or structure on a lot
which does not front on an open public street maintained at public expense, and
requires a minimum lot frontage of 7.5 metres for semi-detached dwellings and
6.0 metres for townhouse dwellings; to permit a minimum two-way traffic aisle
width of 6.0 metres, whereas the by-law requires a minimum two-way traffic
aisle width of 6.5'metres; to permit the proposed townhouse lots with a minimum
unit width of 5.4 metres, whereas the by-law requires a minimum unit width of
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Committee of Adjustment
Meeting Minutes
City o~
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6.0 metres; to permit a minimum front yard depth of 5.8 metres for a private
garage, whereas the by-law requires a minimum 6.0 metre front yard depth from a
private garage; to permit the proposed townhouse lots (Parts 2, 3, 4, 9, 10 and 11)
with a minimum lot area of 140 square metres, whereas the by-law requires a
minimum lot area of 180 square metres; and to permit the proposed townhouse
(Parts 2, 3, 4, 9, 10 and 11) with a maximum lot coverage of 50 percent, whereas
the by-law requires a maximum lot coverage of 40 percent.
The applicant requests approval of this variance in order to obtain site plan
approval and building permits for the proposed of 10 townhouse dwelling units
and 2 semi-detached dwelling units on the subject property.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions. Written comments were received from the City's Development
Control Manager expressing no concerns. Written comments were also received
from Toronto and Region Conservation Authority indicating they will submit
comments at the site plan review stage.
Frank Grossi, owner, was present to represent the application. Walter Dawyd of
363 Chickadee Court was present in favour of the application.
Walter Dawyd is in full support of the application and indicted the proposed
development is in character with the surrounding neighbourhood..
Moved by Keith Wilkinson
Seconded by Eric Newton
That application P/CA 60/09 to P/CA 71/09 by Grossi Group Development Inc.,
be APPROVED on the grounds that the proposed townhouse and
semi-detached lots, which do not front on an open public street maintained at
public expense and therefore provide a minimum lot frontage of 0.0 metres, a
minimum two-way traffic aisle width of 6.0 metres, townhouse lots with a
minimum unit width of 5.4 metres, a minimum front yard depth of 5.8 metres for
a private garage, a minimum lot area of 140 square metres and a maximum lot
coverage of 50 percent 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:
1. That these variances apply only to the proposed development, as generally
sited and outlined on the applicant's submitted plans with this application.
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Committee of Adjustment
Cctcj Meeting Minutes
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Wednesday, December 2, 2009
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2. That the applicant obtains site plan approval and building permits for the
proposed construction by December 2, 2012 or this decision shall become
null and void.
CARRIED UNANIMOUSLY
(IV) OTHER BUSINESS
1. Appointment of Chairperson
Moved by Kevin Ashe
Seconded by Keith Wilkinson
That David Johnson be appointed as Chairperson for a 1 year term.
CARRIED UNANIMOUSLY
2. Appointment of Vice Chairperson
Moved by Kevin Ashe
Seconded by Keith Wilkinson
That Eric Newton be appointed as Vice Chairperson for a 1 year term.
CARRIED UNANIMOUSLY
3. Adoption of the 2010 Meeting Schedule
Moved by Kevin Ashe
Seconded by Keith Wilkinson
That the Committee of Adjustment Meeting Schedule for 2010 be adopted.
CARRIED UNANIMOUSLY
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Committee of Adjustment
Meeting Minutes
Citq oo
iii Wednesday, December 2, 2009
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Pl(.'~~ERING Main Committee Room
(V) ADJOURNMENT
Moved by Eric Newton
Seconded by Keith Wilkinson
That the 16th meeting of 2009 the Committee of Adjustment be adjourned at
8:15 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, January 13, 2010.
CARRIED UNANIMOUSLY
Date
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Chair`,
Assistant Secretary-Treasurer
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