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HomeMy WebLinkAboutFebruary 3, 2010 Committee of Adjustment C`a100 Meeting Minutes - Wednesday, February 3, 2010 TJT 7:00 pm 1 1 Main Committee Room PRESENT:' David Johnson - Chair Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne,. Assistant Secretary-Treasurer ABSENT: Kevin Ashe Susan Kular (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, February 3, 2010 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Keith Wilkinson Seconded by Eric Newton That the minutes of the 1St meeting of the Committee of Adjustment held Wednesday, January 13, 2010 be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Cpl _ Meeting Minutes. . , Wednesday, February 3, 2010 7:00 pm Main Committee Room (III) REPORTS 1. (Tabled from the January 13, 2010 meeting) P/CA 57/09 & P/CA 58/09 (Amended) - J. Muccillo 1435 Rosebank Road (Lot 18, Plan 473) City.of Pickering Moved by Eric Newton Seconded by Keith Wilkinson That amended applications P/CA 57/09 & P/CA 58/09 by J. Muccillo, be lifted from the table. CARRIED UNANIMOUSLY The applicant requests relief from Zoning By-law 3036, to permit a 1.2 metre south side yard width to an existing dwelling and to permit a proposed lot frontage of 13.7 metres with a north and south side yard width of 1.2 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. 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 Manager expressing no concerns. Joseph Muccillo, 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 P/CA 57/09 & P/CA 58/09 by J. Muccillo, be Approved on the grounds that the 1.2 metre south side yard width to an existing dwelling and the proposed lot frontage of 13.7 metres and 1.2 metre side yard widths to a proposed new lot 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: 2 Committee of Adjustment Cpl o¢ Meeting Minutes Wednesday, February 3, 2010 - 7:00 pm P1 RT_NG Main Committee Room 1. That these variances apply only to the existing building, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant submits a registered reference plan as part of a future land severance application outlining the dimensions of the existing dwelling & porch and the proposed new lot. 3. That the applicant resolves all matters of building compliance in relation to the existing building and the proposed lot line to the satisfaction of the Chief Building Official prior to receiving final clearance for a future land severance. 4. That the applicant obtains final clearance for a future land severance by March 22, 2011, or this decision shall become null and void. CARRIED UNANIMOUSLY 2. (Tabled from the January 13, 2010 meeting) P/CA 02/10 - J. & G. Breen 4993 Brock Road (Part of Lot 3, Plan 12, Part 1, 40R-5734) City of Pickering Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 02/10 by J & G. Breen, be lifted from the table. CARRIED UNANIMOUSLY The applicants request relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit the enlargement and extension of a legal non-conforming detached dwelling by permitting an accessory dwelling unit in an accessory building and to permit a 0.0 metre south side yard width to an existing accessory building, whereas the by-law does not permit a building used for residential purposes as the principal use on a property zoned for commercial purposes and requires a 1.0 metre side yard width for all accessory structures within a commercial zone. The applicants request approval of this variance in order to obtain zoning compliance. 3 Committee of Adjustment City o~ Meeting Minutes Wednesday, February 3, 2010 _ ~ 7:00 pm PTC-TCF, Main Committee Room The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from Councillor Rick Johnson in support of the application. Written comments were received from Daniel Park and Julie Sung of 1703 Central Street indicating they would like to withdraw the letter of objection previously submitted. Written comments were also received from the Durham Region Health Department indicating no objection to the application. The existing detached dwelling and accessory dwelling are connected to an existing 2000 gallon holding tank, and enlargement/extensions to either the detached dwelling or the accessory building will have to be reviewed by the Health Department. John & Gordana Breen, owners, were present to represent the application. Three area residents were present in favour of the application. Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 02/10 by J. & G Breen, be Approved on the grounds that the enlargement and extension of a legal non-conforming detached dwelling by permitting an accessory dwelling unit in an accessory building and a 0.0 metre south side yard width to an existing accessory building 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 to the two existing buildings, as sited and outlined on the applicant's submitted plans with this application. 2. That the applicants either remove the encroachment onto the abutting property for the accessory structure or enter into an encroachment agreement with the owner of the abutting south property (4989 Brock Road) by February 3, 2011, or this decision shall become null and void. 3. That the applicants register the accessory dwelling unit with the Fire Services Division by February 3, 2011, or this decision shall become null and void. CARRIED UNANIMOUSLY 4 I Committee of Adjustment Meeting Minutes Wednesday, February 3, 2010 ~~_~1\~ Tl\ T~ 7:00 pm 1`-- .11 ~I Main Committee Room 3. P/CA 03/10 - P. Kamalanathan 550 Finch Avenue (Part 1 to 3, 40R-10641 and Part 2, 40R-11450) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6164/03 to permit a rental vehicle establishment as a permitted use, four parking spaces for the storage of rental vehicles as sited on the proposed site plan and forty-one parking spaces for the commercial plaza, whereas the by-law does not permit a rental vehicle establishment, storage of rental vehicles and the by-law requires a minimum of forty-four parking spaces for the subject site. The applicant requests approval of these variances 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 Toronto Region Conservation Authority expressing no concerns. The subject lands are partially located within a Regulated Area pursuant to Ontario Regulation 166/06, any new development such as site alteration or construction of buildings would require a permit to be obtained from TRCA prior to undertaking such activities. No representation was present to speak for the application. Anne Stave of 592 Amaretto Avenue and Cathy Phillips of 594 Amaretto Avenue were present in objection to the application. Anne Stave indicated to the Committee where her property is located. Anne Stave expressed several concerns with truck noise, truck fumes and trucks being dropped off late at night. In response to a question from a Committee Member she indicated the trucks have been located on the property for about 1-2 years. Cathy Phillips indicated to the Committee where her property is located. Cathy Phillips expressed several concerns with truck noise, truck fumes, trucks being dropped off late at night and the potential increase of the number of trucks being rented. In response to a question from a Committee Member, she indicated trucks are being dropped of 3-4 nights a week. 5 Committee of Adjustment C~ o~ _ Meeting Minutes . ~ ~ . ~ Wednesday, February 3, 2010 7:00 pm P1 Main Committee Room Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 03/10 by P. Kamalanathan, be Deferred to the next meeting to allow the owner or agent to be present for the decision. CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Eric Newton Seconded by Keith Wilkinson That the 2nd meeting of 2010 the Committee of Adjustment be adjourned at 7:20 pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 24, 2010. CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer i 6