Loading...
HomeMy WebLinkAboutFebruary 2, 1994 ~~ OF p/Q ,,0 ~ ~--~ ~u.~~ .. MINUTES of the 2nd meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, February 2, 1994. PRESENT: Mrs. C. Scorer, Acting Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough .~ 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. Puterbough, seconded by Mrs. Kerr and carried unanimously- That the minutes of the I st meeting of the Committee of Adjustment held January 12, 1994, be ~ adopted. 3. PICA 99/93 - Rulor Developments Limited Block 24, Plan 40M-1366 * * application deferred from meeting of December 15, 1993 The applicant requests relief from the provisions of Section 4.(I)(e) of amending By-law 1849/84 to Zoning By-law 2511, to permit the establishment of one of a pair of single dwellings, and to provide for the future connection (below grade) to the other half of the pair when the property to the south is developed, whereas the By-law defines a semi-detached dwelling as one of a pair of single dwellings, such dwellings being attached together horizontally in whole or in part below grade only. The applicant requests this application in order to. obtain a building permit to construct a dwelling on the subject property. Mr. F. Marcelli and Mr. P Paulsen, of Rulor Developments Limited, were present to represent the application. No further representation was present in favour of or in objection to the application. ...... Mr. Marcelli stated that it is a requirement of the zoning by-law that the proposed dwelling for the subject lot be linked underground. He added that this type of development provides for a more attractive streetscape. 6 The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, CN North America, and S.A. Vokes, Director of Public Works for the Town of Pickering. DECISION: Moved by Mr. Bhuta and seconded by Mr. Puterbough and carried unanimously that - this application, PICA 99/93, by Rulor Developments Limited, as outlined, be APPROVED on the grounds that the 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 4. (1) (e) of amending By-law 1849/84 to Zoning By-law 2511 (as further amended by By-law 1985/85), subject to the following conditions: '-' 1. That the owner enter into an appropriate agreement with and to the satisfaction of the Town which may address, but not necessarily be limited to: (a) the extension of Dunn Crescent and associated services; (b) payment of any required fees; (c) siting and architectural design approval; (d) the provision of a guaranteed below-grade connection for a dwelling on the subject property with a dwelling to the south at a future time when that development opportunity arises. 2. That the owner satisfy the Town that the conditions and concerns of the Canadian National Railway are satisfied. 3. That the owner receive the approval of the Durham Land Division Committee to sever the subject Development Block 24 into a lot and a new Development Block in a configuration satisfactory to the Town. 4. That the above conditions be satisfied within two years of the date of this decision or this decision shall become null and void. 4. PICA 5/94 - J. McLuckie Part of Lot 18, Concession 2 (Part 2, 40R-8590) Also known as 1760 Finch Avenue ...... The applicant requests relief from the provisions of Section 5.18(a) of Zoning By-law 3036, as varied by PCA 19/72 and PICA 13/75, to permit an accessory structure (frame garage) to be located in the front yard approximately 72 metres from Finch Avenue, whereas the by-law requires that all accessory buildings which are not part of the main dwelling be erected in the rear yard. The applicant requests this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law and to allow a building permit to be issued for internal renovations to the two-storey frame garage located in the rear yard of the subject property. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, Councillor Rick Johnson, and the Metropolitan Toronto and Region Conservation Authority. Mr. T. Blake, representing the applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. -- Mr. Blake asked if the garage had to remain in the exact location as shown on the plans submitted with the variance. He stated he does not have plans to move the garage at present, but may in the future. Mr. Cole advised that the word "generally" could be added to the condition of approval, and the plans reviewed again if the garage is to be moved in future. Mr. Cole added that the Metropolitan Toronto and Region Conservation (MTRCA) would be contacted when applying for a building permit for renovations/relocation of the garage, and the MTRCA would have to decided if they would consider the garage a new structure. 7 Mrs. Scorer advised Mr. Blake that the property may still require another variance depending on how far the garage was moved or renovated, and indeed the MTRCA would have input on the situation. DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried unanimously that- this application, PICA 5/94, by J. McLuckie, as outlined, be APPROVED, on the grounds that the variance is minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Zoning By-law 3036, subject to the following condition: '-" 1. That the proposed variance apply only to the accessory structure as generally shown with this application. 5. PICA 6/94 - R. and D. Harris and PICA 7/94 - L. and R. Thomas Lots 53 and 54, Plan 40M-1375 Also known as 1062 and 1064 Maury Crescent PICA 6194 - R. and D. Harris and PICA 7194 - 1. and R. Thomas The applicants request relief from the provisions of Section 5.(1)(b)(xi)(B) of amending By-law 1699/83, to Zoning By-law 3036, to permit the continuance of a horizontal distance between dwellings of 1.67 metres on each of Lots 53 and Lot 54, Plan 40M-1375, whereas the By-law requires that the horizontal distance between dwellings on adjacent lots shall not be less than 1.8 metres. '-" PICA 6194 - R. and D. Harris The applicants requests relief from the provisions of Section 5.(1 )(b )(iv)(B) of amending By-law 1699/83, to permit the continuance of an interior side yard width of 1.67 metres, whereas the By-law requires that a dwelling provide an interior side yard width of 1.8 metres on one side and no minimum on the other side. Mr. J. Long of Koskie & Minsky, the agent, was present to represent the applications. No further representation was present in favour of or in objection to the applications. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Puterbough asked how the error occurred. Mr. Long advised that the error happened as a result of a surveying error. DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried unanimously that- these application, PICA 6/94, by R. and D. Harris, and PICA 7/94 by L. and R. Thomas, as outlined, be APPROVED on the grounds that the variances are minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the - Durham Regional Official Plan, the Pickering District Plan and Zoning By-law 3036, as amended by By-law 1699/83, subject to the following condition: 1. That the proposed variances apply only to the dwellings as shown with these applications. 8 6. PICA 8/94 to 18/94 inclusive - 983963 Ontario Limited Lots 1 to 11 inclusive, Plan 40M-1561 Also known as 79, 81, 83, 85, 87, 89, 91, 93 95, 97 and 99 Twyn Rivers Drive, respectively The applicant requests relief from the provisions of Section 5.(1)(b)(iii) of amending By-law 2287/86 to Zoning By-law 3036, to permit the establishment of front yard depths of 6.0 metres to be provided by the proposed dwellings on Lots 1 to 11 inclusive, Plan 40M-1561; whereas the by-law requires that a dwelling provide a front yard depth of7.5 metres. w The applicant requests these variance applications in order to obtain building permits to construct dwellings on the subject properties. Mr. Craig Marshall of Marshall Homes Corporation, the agent, was present to represent the application. Mrs. B. Gummow, 1. Janes, Mr. K. Westsbrook, and Mrs. T. Nuspl were present in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, Mrs. B. Gummow, 121 Twyn Rivers Drive, Pickering, Mr. S. Janes, 108 Twyn Rivers Drive, Pickering, and Mrs. T. Nuspl, 140 Woodview Drive, Pickering The Committee was advised that a further designation of "Special Policy Area" should have been included in Section 3 - Pickering District Plan, in the memorandum from J.G. Cole to the Secretary -Treasurer. Mr. Marshall advised that he would like to move the garages for the lots closer to the front lot line, and that the proposed dwellings could be setback 7.5 metres from the front lot line. Mr. Marshall submitted conceptual drawings of homes to be built on the subject properties. Mr. Puterbough advised Mr. Marshall that he could build the proposed dwellings in full conformity with the by-laws. Mr. Marshall stated that he wants to turn the garages, and have an ..... L-shaped driveway so it would be easier to access the driveway, and also the properties would be easier to sell. Mrs. Gummow advised the Committee that she would rather work on a variance situation on a per lot basis, and not a blanket variance for eleven lots. She advised that eleven brick garage walls would have a negative affect on the area. She advised that the area has many different styles of homes and is a Special Policy Area. Mrs. Nuspl stated that the proposed variances are unnecessary, as the lots are 72 feet wide which provides ample room for circular driveways. She felt that the L-shaped driveways would not provide sufficient room for a car to turn around safely to access Twyn Rivers Drive. Mr. Westbrook stated that the homes should be built to comply with the zoning by-law, and added that the did not believe circular driveways were permitted any longer in Pickering. Ms. Janes indicated that the setback from the road for the proposed dwellings should be greater, and that the variances were also unnecessary. She felt the properties should have circular driveways. Mrs. Kerr inquired about staggering the dwellings on the lots. Mr. Marshall advised that he intends to have varied setbacks of the dwellings, but would have to prepare more drawings to ...." show the neighbours. MOTION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried that- PICA 8 to PICA 18/94 inclusive, by 983963 Ontario Limited, be DEFERRED until the next meeting of the Committee of Adjustment of February 23, 1994, so that further discussions with the neighbours and the applicant can be arranged with regard to the variances. 9 7. PICA 19/94 - M. and D. Ridley Lot 19, Plan 12 Also known as 5097 Brock Road The applicants request relief from the provisions of Zoning By-law 3037 as follows: '-' 1. Section 8.2.1 of the By-law to permit the continuance of a front yard depth of 2.4 metres provided by the existing dwelling on the lot, whereas the By-law requires that a dwelling provide a front yard depth of 9.0 metres. 2. Section 8.2.1 of the By-law to permit the continuance of a minimum lot area of 1,021.49 square metres, whereas the By-law requires that a lot provide a minimum lot area of 1,390.0 square metres. 3. Section 5.20.2 of the By-law to permit the continuance of the dwelling 12.4 metres from the centre line of Brock Road, whereas the By-law requires that no building or structure shall be erected closer than 19.5 metres to the centre line of Brock Road. The applicants have requested this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law, and to obtain a building permit to allow an addition to be constructed to the rear of the dwelling on the subject property. The applicants, M. and D. Ridley, were present to represent the application. No further representation was present in favour of or in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham Health Department. DECISION: Moved by Mr. Puterbough, and seconded by Mrs. Kerr and carried unanimously that - this application, PICA 19/94, by M. and D. Ridley, as outlined, be APPROVED, on the grounds that the variances are minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the ~ Pickering District Plan and Zoning By-law 3037 subject to the following conditon: 1. That the proposed variances apply only to the dwelling as generally shown with this application. 8. ADJOURNMENT MOTION: Moved by Mrs. Kerr, seconded by Mr. Puterbough and carried unanimously- That the 2nd meeting of the Committee of Adjustment be adjourned at 8:15 p.m. and the next regular meeting of the Committee of Adjustment be held on February 23, 1994. _.::// / ... ./ -;;;1 ~'. /./; 9/- / ..L.?'/~!."'.t'//::'<,::/ -><~ _~7 DATE c/ ~ ~ CHAIRMAN