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HomeMy WebLinkAboutOctober 19, 2011 Citqo¢ - Committee of Adjustment Meeting Minutes Wednesday, October 19, 2011 7:00 pm Main Committee Room Present: Tom Copeland David Johnson - Chair Eric Newton.- Vice-Chair Shirley.Van Steen Also Present: Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Bill Utton (1) Adoption of Agenda Moved by Eric Newton Seconded by Shirley Van Steen That the agenda for the Wednesday, October 19, 2011 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Tom Copeland Seconded by Shirley Van Steen That the minutes of the 13th meeting of the Committee of Adjustment held Wednesday, September 28, 2011 be adopted. Carried Unanimously 1 Committee of Adjustment Meeting Minutes Wednesday, October 19, 2011 7:00 pm Main Committee Room (III) Reports 1. P/CA 48/11 - G. Ricupero 340 Whitevale Road (Concession 5, Part lot 32, Plan 21, Part lot 32, 33, 40R1140, Part 54 to 56, Part 71, subject to ROW over Part 54, 55) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law 2677/88 to permit a detached garage to be located in the front and side yard, whereas the by-law requires all accessory structures to be located in the rear yard. 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 approval subject to conditions. Written comments were also received from the Durham Region Health Department expressing no objection to the application. Tekleab Schewai, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Tekleab Schewai explained the application indicating that the Heritage Pickering Advisory Committee approved the design of the detached garage to match the existing dwelling and surrounding area. Tekleab Schewai indicated if the garage was brought forward on the property it would block a window and conflict with the septic tank and he also provided an architectural drawing for the Committee to review. Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 48/11 by G. Ricupero, be Approved on the grounds that the detached garage to be located in the front and side 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 the Zoning By-law, subject to the following conditions: 2 Ci oo Committee of Adjustment Meeting Minutes Wednesday, October 19, 2011 7:00 pm PKCU Main Committee Room 1. That this variance apply only to the proposed detached garage, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains a building permit for the proposed construction by October 18, 2013, or this decision shall become null and void. Carried Unanimously Glyn Evans of 350 Whitevale Road arrived at the meeting after the decision of the application had been made by the Committee. The Committee Chair acknowledged his presence and advised the application had been approved. Glyn Evans was present to obtain additional information and clarification on the height of the proposed detached garage and the east side yard setback to the proposed garage. 2. P/CA 53/11 - M. R. lqbal & S. Zareen 1422 Major Oaks Road (Lot 58, Plan 40M-1753) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4183/93 to permit the parking of a cube van with a height of 2.9 metres and to permit a parking encroachment of 0.5 metres onto the City's road allowance whereas the by-law establishes 2.6 metres as the maximum permissible height of a vehicle to be parked on the exterior of any lot in a residential zone and requires that no vehicle is to encroach onto any road allowance. 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 refusal. A neighbourhood petition submitted with the application with six signatures indicated no objection to the application. Written comments were received from the City's Development Control Manager indicating the applicant should not be given permission to park within the City's right-of-way through this minor variance. 3 Committee of Adjustment Meeting Minutes _ Wednesday, October 19, 2011 PI(',,'XN FRING 7:0.0 pm Main Committee Room Written comments were also received from the City's Supervisor, Engineering & Capital Works indicating Engineering Services does not approve the request to encroach on City property for vehicular parking. No representation was present to represent the application. Mohamed Saffie of 1427 Major Oaks Road was present in favour of the application. Tim Waddell of 1419 Major Oaks Road was present in objection to the application. Mohamed Saffie indicated the cube van provides a family income and the application is minor in nature. Tim Waddell expressed several concerns with the application indicating the cube van is out of character to the surrounding neighbourhood, decreases property value and the safety of children. Tim Waddell also noted he agrees with staff recommendation for refusal and provided the Committee Members with pictures showing an orange like substance leaking from the cube van. Moved by Eric Newton Seconded by Tom Copeland That application P/CA 53/11 by M. R. Igbal & S. Zareen, be Refused on the grounds that the parking of a cube van with a height of 2.9 metre and a parking encroachment of 0.5 metres onto the City's road allowance are major variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. i Carried Unanimously M.R. Igbal arrived at the meeting after the decision of the application had been made. The Committee had already considered other applications and the public that was present for the application had already departed. The Committee Chair acknowledged the presence of M.R. Igbal and explained that the application was refused by the Committee. M.R. Igbal explained the application and asked the Committee to reconsider their decision to refuse the application. The Committee Chair explained to M.R. Igbal that the Committee had made a decision on the application and it would not be reconsidering the matter. Further, the owner was advised of the right to appeal the Committee's decision to the-Ontario Municipal Board. M. Yeung, Assistant Secretary-Treasurer explained the appeal process to M.R. Igbal. 4 Cif o¢~ Committee of Adjustment *1 Meeting Minutes _ Wednesday, October 19, 2011 7:00 pm Main Committee Room 3. P/CA 55/11 - R. Pacione 5465 Hoxton Street (North Part Lot 18, Concession 9) City of Pickering The applicant requests relief from Zoning By-law 3037, to permit a detached 3 car garage to be located in the front yard, whereas the by-law requires all accessory structures to be located in the rear yard. The applicant requests approval of this variance in order to obtain a .building permit for the proposed garage. 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 received from the Durham Region Health Department and the Toronto and Region Conservation Authority both indicating no objection to the application. Written comments were also received from P. Wood of Claremont in support of the application. Joe Pacione, agent, and Robert Pacione, owner, 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 55/11 by R. Pacione, be Approved on the grounds that the detached 3 car garage to be located 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 the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the detached 3 car garage, as generally sited and outlined on the applicant's submitted plans. 2. As part of the building permit submission, the applicant ensures that no habitable space is proposed within the proposed detached garage. 3. That the applicant obtains a building permit for the proposed construction by October 18, 2013, or this decision shall become null and void. Carried Unanimously 5 Committee of Adjustment °o Meeting Minutes Aga, Wednesday, October 19, 2011 7:00 pm Main Committee Room 4. P/CA 56/11 - K. & T. Corrigan 4873 Lorn Street (Lot 52, 53, Plan 43) City of Pickering The applicant requests relief from Zoning By-law 3037 to permit an existing front yard depth of 7.8 metres to the existing dwelling and to permit a lot area of 1,148 square metres to facilitate a proposed land severance, whereas the by-law requires a minimum front yard depth of 9.0 metres and a minimum lot area of 1,390 square metres. The applicant requests approval of this variance in order to obtain zoning compliance for a future land severance. 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 received from the Durham Region Health Department expressing no objection to the application. . Written comments were also received from the City's Supervisor, Building Permits indicating the applicant should demonstrate, via calculations that spatial separation requirements in the Ontario Building Code are met, based on the location of the new property/severance line. Peter Barton, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Peter Barton explained that the primary and reserved areas illustrated on the applicant submitted plans are requirements according to the Lot Sizing Policy of the Region of Durham's Health Department for the future septic system for the future land severance application. Moved by Tom Copeland Seconded by Shirley Van Steen That application P/CA 56/11 by K. & T. Corrigan, be Approved on the grounds that the front yard depth of 7.8 metres to the existing dwelling and a lot area of 1,148 square 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: 6 Committee of Adjustment Meeting Minutes Wednesday, October 19, 2011 1 7:00 pm Main Committee Room 1. That these variances apply only to the existing dwelling and proposed severance, as generally sited and outlined on the applicant's submitted plans. 2. 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. 3. That the applicant obtains final approval from the Durham Region Land Division Committee for consent for the proposed severance by October 18, 2013, or this decision shall become null and void. Carried Unanimously (IV) Adjournment Moved by Eric Newton Seconded by Shirley Van Steen That the 14th meeting of 2011 the Committee of Adjustment be adjourned at 7:32 pm and the next meeting of the Committee of Adjustment be held on Wednesday, November 9, 2011. Carried Unanimously Date 11 4k Chair f I Assistant Secretary-Treasurer 7