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HomeMy WebLinkAboutJuly 6, 2011 r - Citq rnmittee of Adjustment Meeting Minutes Wednesday, July 6, 2011 I 7:00 pm Main Committee Room I'Present: Tom Copeland David Johnson - Chair Eric Newton - Vice-Chair Bill Utton Shirley Van Steen Also Present: Ross Pym, Secretary-Treasurer Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer • (1) Adoption of Agenda F Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, July 6, 2011 meeting be adopted. Carried Unanimously (11) Adoption of Minutes Moved by Shirley Van Steen Seconded by Bill Utton That the minutes of the 8th meeting of the Committee of Adjustment held Wednesday, June 15, 2011 be adopted as amended. Carried Unanimously 1 Committee of Adjustment Meeting Minutes • ° = Wednesday, July 6, 2011 I 7:00 pm JPL%.,~r &JEMG Main Committee Room (III) Reports 1. (Deferred at the June 15, 2011 meeting) P/CA 21/11 - D. Burger 550 Ashfield Court (Lot 34, Plan 40M-1419) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1543/82 to permit a 0.1 metre side yard depth to an existing shed located in the side yard, whereas the by-law requires a 1.0 metre side yard depth, and that all accessory buildings be located in the rear yard. The applicant requests approval of these variances in order to obtain zoning compliance. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were also received from the City's Development Control Manager expressing no concerns. David Burger, 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 Bill Utton That application P/CA 21/11 by D. Burger, be Refused on the grounds that the 0.1 metre side yard depth and the location of the existing shed in the side yard are major variances that are undesirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. Carried Unanimously • 2 I o Committee of Adjustment Meeting Minutes Wednesday, July 6, 2011 7:00 pm Main Committee Room I 2. P/CA 22/11 - Whitevale Golf Club 2952 Golf Club Road (South Part Lot 29 & 30, Concession 4, Part Lot 1 & 2,.40R-18997) City of Pickering I The applicant requests relief from Zoning BY-law 3037, as amended by BY-law 3155/89, 4825/96 and 6847/08 to permit a golf practice facility, whereas the by-law permits a golf practice facility use until July 29, 2011, after which only agricultural uses are permitted. The applicant requests approval of this variance in order to continue the operation of a golf practice facility. M. Yeung, Assistant 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 Region of Durham advising a condition be imposed in favour of the Region as follows: The Whitevale Golf Club shall satisfy the Region of Durham, financial and otherwise including the extension of the April 1, 2008 agreement signed with the Region. The extended agreement would provide the Region with sufficient time to secure ownership of any golf course lands it may require. Alex Maggiacomo, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Tom Copeland That application P/CA 22/11 by Whitevale Golf Club, be Approved on the grounds that the temporary golf practice facility use 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: • 1. That this variance apply only to the area zoned as "A(T-GPF)" in By-law 3037 as amended by By-laws 4825/96 and 6847/08, as generally sited and outlined on the applicant's submitted plans. 3 Cif o¢~ Committee of Adjustment Meeting Minutes . Wednesday, July 6, 2011 7:00 pm .PIK'.'__KP_SJERING Main Committee Room 2. That the variance shall apply for the period of July 29, 2011 to December 31, 2012, and that this decision shall become null and void on January 1, 2013. 3. That the applicant satisfies the requirements of the Region of Durham, financial and otherwise. Carried Unanimously 3. P/CA 23/11 - J. & J. Will 1881 Spruce Hill Road (Lot 70, RCP Plan 1041, Part 1, 40R-25049) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a side yard width of 0.5 metres to an existing shed, whereas the by-law requires a minimum • side yard width of 1.0 metre for an accessory structure. The applicant requests approval of this variance in order to obtain zoning compliance. M. Yeung, Assistant 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. John & JoAnn Will, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 23/11 by J. & J. Will, be Approved on the grounds that the 0.5 metre side yard width to an existing shed 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 condition: 1. That this variance apply only to the existing shed, as generally sited and outlined on the applicant's submitted plan. Carried Unanimously 4 Cif o¢~ _ Committee of Adjustment Meeting Minutes • " Wednesday, July 6, 2011 PALIO~~RM 7:00 pm Main Committee Room 4. P/CA 24/11 - E. Mason 434 Churchwin Street (Lot 67, Plan 21) City of Pickering The applicant requests relief from Zoning By-law 3037 as amended by By-law 2677/88, to permit an existing lot area of 1,006 square metres, a side yard width of 1.2 metres to the existing dwelling and proposed addition, a front yard depth of 8.8 metres to the proposed covered porch and a front yard depth of 4.9 metres to the existing dwelling, whereas the by-law requires a minimum lot area of 3,000 square metres, a side yard width of 2.4 metres and front yard depth of 9.0 metres. The applicant requests approval of these variances in order to obtain a Heritage District Permit, building permit and zoning compliance for a proposed two storey • addition to the existing dwelling. M. Yeung, Assistant 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. Ellen Mason, 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 Bill Utton That application P/CA 24/11 by E. Mason, be Approved on the grounds that the a lot area of 1,006 square metres, a side yard width of 1.2 metres to the existing dwelling and proposed addition, a front yard depth of 8.8 metres to the proposed covered porch and a front yard depth of 4.9 metres to the existing dwelling 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 existing dwelling and proposed • addition as generally sited and outlined on the applicant's submitted plans. 5 o¢~ _ Committee of Adjustment Meeting Minutes Wednesday, July 6, 2011 7:00, pm Main Committee Room 2. That the applicant obtains a Heritage District Permit and a building permit for the proposed construction by July 5, 2013, or this decision shall become null and void. Carried Unanimously 5. P/CA 25/11 - K. Kwapich 1296 Commerce Street (Part Lot 4, Block C, Plan 65, Part 3, 40R-11704) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a front yard depth of 4.6 metres and an east side yard width, of 0.7 metres to a proposed one and two-storey addition to an existing detached dwelling, whereas the by-law requires a front yard depth of 7.5 metres and a side yard width of 1.5 metres. The applicant requests approval of these variances in order to obtain a building permit for a proposed addition to the existing detached dwelling. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal for the east side yard width and approval for the front yard depth subject to conditions. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were also received from Lily & Jorjan Miranda in objection to the application. Kamil Kwapich, owner, was present to represent the application. Lily Miranda of 1298 Commerce Street was present in objection to the application. Kamil Kwapich explained the application and how he has not had a chance to meet with the neighbours to discuss their concerns. In response to questions from Committee Members, Kamil Kwapich noted that if the garage was brought forward, he would still need the same variances however it would now be blocking all natural light into his own kitchen. Therefore, the proposed location is the preferred location for the proposed attached garage. Kamil Kwapich explained he has designed a layout with a narrow garage and provided a site plan for the Committee Members to review. • 6 Committee of Adjustment Meeting Minutes = Wednesday, July 6, 2011 PACKERM 7:00 pm Main Committee Room Lily Miranda outlined comments that were submitted in objection to the application. Lily Miranda expressed concerns with the risk of damage to their house during construction; the proposed garage located too close to the property line, directly outside a bedroom window as well as health and safety issues. The proposed structure may also cause future drainage issues, i.e. flooding to their basement. The proposed structure will eliminate all natural lighting on the western exposure of their property. In addition Lily Miranda explained that she does not want the wood fence to be moved or altered during the construction of the addition. Moved by Eric Newton Seconded by Bill Utton That application P/CA 25/11 by K. Kwapich, be Deferred until the next meeting to provide an opportunity for the applicant to meet with neighbours and City staff. Carried Unanimously • 6. P/CA 26/11 - U. & D. Schorn 1760 finch Avenue (South Part of Lot 18, Concession 2, Part 2, 40R-8590) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a 28 square metre addition to an existing guest house located in the Greenbelt Zone, whereas the by-law does not permit residential uses in the Greenbelt Zone. The applicant requests approval of this variance in order to obtain a building permit. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending the application be tabled. Written comments were received from the City's Development Control Manager expressing no concerns pending acceptance from TRCA. Written comments were also received from the Toronto and Region Conservation Authority recommending the application be tabled until further technical submissions are submitted to determine the technical feasibility of the proposal and a TRCA permit is required prior to construction. Uwe & Maureen Schorn, owners, were present to represent the application. • Jeffery Bentley of 1770 Finch Avenue was present to obtain additional information on the application. 7 . Citq o¢~ - Committee of Adjustment Meeting Minutes `e.. Wednesday, July 6, 2011 7:00 pm Main Committee Room Maureen Schorn explained the application and indicated the house does not have a basement or large rooms to accommodate a growing family. Jeffery Bentley indicated he is in support of the application, however expressed a concern with the glass railing around the proposed balcony. Jeffery Bentley questioned if the east end of the railing could be a solid wall to address his privacy concern. Moved by Bill Utton Seconded by Eric Newton That application P/CA 26/11 by U. & D. Schorn, be Tabled on the grounds that the 28 square metre addition to an existing guest house i& premature until staff confirms the legal status of the guest house and determines whether the addition is appropriate, and comments are received from the Toronto and Region Conservation Authority. Carried Unanimously • (IV) Adjournment Moved by Eric Newton Seconded by Shirley Van Steen That the 9th meeting of 2011 the Committee of Adjustment be adjourned at 7:46 pm and the next meeting of the Committee of Adjustment be held on Wednesday, July 27, 2011. Carried Unanimously 77 -7 I f Date Chair Assistant Secretary-Treasurer 8