HomeMy WebLinkAboutApril 11, 2012 �� CO Committee of Adjustment
Meeting Minutes
Wednesday, April 11, 2012
1 7:00 pm
. Main Committee Room
Present: -
Tom Copeland
David Johnson — Chair
Eric Newton —Vice-Chair
Bill Utton
Shirley Van Steen
Also Present:
Mila Yeung, Assistant Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
(I) Adoption of Agenda
Moved by Bill Utton
•
Seconded by Eric Newton
That the agenda for the Wednesday, April 11, 2012 meeting be adopted.
Carried Unanimously
(II) Adoption of Minutes
Moved by Eric Newton
Seconded by Bill Utton
That the minutes of the 3rd meeting of the Committee of Adjustment held
•
Wednesday, March 21, 2012 be adopted.
Carried Unanimously
•
1
Committee of Adjustment
C` en, Meeting Minutes
Wednesday, April 11, 2012
7:00 pm
Main Committee Room
(III) Reports
1. (Deferred from March 21, 2012 meeting)
P/CA 06/12 — T. Fielder/V. Marshall —Amended
1892 Liverpool Road
(Lot 16, Plan 492)
City of Pickering
The applicant has amended the application and submitted a revised site plan
that requests relief from Zoning By-law 3036 to permit the parking of 3 trailers and
2 personal vehicles on a lot (2 trailers and 2 personal vehicles to be parked in the
front yard and 1 trailer to be parked in the rear yard), a rear yard depth of
0.3 metres to an existing accessory building in the rear yard and an accessory
building lot coverage of 6 percent, whereas the by-law allows a maximum parking
of 4 vehicles, a minimum accessory building rear yard depth of 1.0 metre to
accessory structures that are greater than 10 square metres and maximum lot
coverage of 5 percent for all accessory buildings.
The applicant requests approval of these variances in order to establish zoning
compliance.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending refusal.
Terry Fielder, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Terry Fielder explained that in his interpretation of"majority of the front yard
being surfaced" would be 50 percent or more in area and he has calculated the
current gravel surface in the front yard is approximately 31 percent (about 4
vehicles wide). Therefore, the statement of"the majority of the front yard has
been surfaced for vehicle parking in a negative streetscape appearance" in the
Planning & Development department's recommendation report should be
denied. Terry Fielder also indicated that the property is well under the maximum
building lot coverage requirement of the by-law. The total building lot coverage
including the house and accessory structures is only 12 1/2 percent whereas the
by-law permits a maximum building lot coverage of 33 percent. In response to a
question from a Committee Member, Terry Fielder indicated there is a possibility
for the trailers to be relocated but it would only be a temporary situation but he
needs a permanent solution.
2
Committee of Adjustment
C` o Meeting Minutes
.any
10 1. Wednesday, April 11, 2012
::.................
7:00 pm
Main Committee Room
Moved by Shirley Van Steen
Seconded by Bill Utton
That amended application P/CA 06/12 by T. Fielder/V. Marshall, be Refused on
the grounds that the parking of 3 trailers and 2 personal vehicles on a lot is a
major variance that is undesirable for the appropriate development of the land,
and not in keeping with the general intent and purpose of the Zoning By-law.
And
That amended application P/CA 06/12 by T. FielderN. Marshall, be Approved
on the grounds that an existing accessory building rear yard depth of 0.3 metres
and an existing accessory building lot coverage of 6 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 Zoning By-law. .
Carried Unanimously
2. P/CA 12/12 — C. Lazar
932 Vistula Drive
(Lot 376, Plan M17)
City of Pickering
•
The applicant requests relief from Zoning By-law 2520 to permit a front yard
depth of 6.0 metres and a side yard width of 0.6 metres to a proposed garage
addition to the existing dwelling, whereas the by-law requires a minimum front
yard depth of 7.5 metres and a side yard width of 1.5 metres.
The applicant requests approval of this variance in order to obtain a building
permit for the proposed garage addition.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending refusal for
a side yard width of the 0.6 metres and approval for a front yard depth of
6.0 metres subject to conditions. Written comments were received from the
City's Development Control Manager expressing downspouts should be directed
so that drainage does not discharge onto the neighbouring property. Written
comments were also received from Claude Flint and Sylvia Nikodem of
934 Vistula Drive in objection to the application.
3
city 00
Committee of Adjustment
4111... 1411
Meeting Minutes
.;� -� Wednesday, April 11, 2012
110-1111tIVE 7:00 pm
Main Committee Room
Correspondence received from Claude Flint and Sylvia Nikodem, indicated
concerns the construction will negatively impact the streetscape, the proposed
garage may cause a significant run-off of rainwater onto their property and will
negatively impact the amount of natural sunlight that is allowed onto their home.
Claude Flint and Sylvia Nikodem also noted that it is unnecessary and
unacceptable to grant a variance for the purpose of making it easier to park a
large vehicle within the existing garage.
Catinca Lazar, owner, Raul Apablaza were present to represent the application.
Claude Flint of 934 Vistula Drive was present in objection to the application.
further representation was present in favour of or in objection to the application.
Catinca Lazar and Raul Apablaza explained the application and indicated the
water runoff will drain to the front of the property and will not impact the overall
development of the property. In response to a question from a Committee
Member, Catinca Lazar explained the roof is the same height as the existing
garage and indicated that only the width and length is being extended and feels
the addition would unlikely affect the natural light to the next door neighbour.
Claude Flint presented pictures for the Committee Members to review and
expressed concerns that the proposed garage addition would block the natural
light coming into their kitchen and the potential root damage to the existing old
pine tree during construction.
Moved by Eric Newton
Seconded by Bill Utton
That application P/CA 12/12 by C. Lazar, be Deferred until the next meeting in
order to give the Committee Members an opportunity to visit the site.
Carried
Vote
Tom Copeland in favour
David Johnson in favour
Eric Newton in favour
Bill Utton in favour
Shirley Van Steen opposed
4
Committee of Adjustment
City °0 Meeting Minutes
i -1 Wednesday, April 11, 2012
VNINIONTO.0 7:00 pm
Main Committee Room
3. P/CA 13/12 — J. Pitino & D. Mullin
547 Rodd Avenue
(Block A, Plan 233, Part 1, 40R-19204)
City of Pickering
•
The applicant requests relief from Zoning By-law 2511 to permit a front yard
depth of 3.3 metres to a proposed staircase leading to a raised porch and front
entrance and a flankage side yard width of 1.5 metres to a proposed detached
dwelling, whereas the by-law requires a front yard depth of 7.5 metres and a
flankage side yard of 4.5 metres.
•
The applicant requests approval of this variance in order to obtain a building
permit for the proposed detached 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 received from the City's
Development Control Manager expressing no concerns and the City's
Engineering Services indicating there are no current plans to open and maintain
the road allowance that abuts the subject property. Written comments were
received from Councillor Kevin Ashe in support of the staff recommendation.
Form letters were also submitted from 15 neighbours indicating they have
reviewed the application and are in full support and it will enhance the
neighbourhood.
Joe Pitino, owner, and Jermaine Lawrence, agent, 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 Bill Utton
That application P/CA 13/12 by J. Pitino & D. Mullin, be Approved on the
grounds that the front yard depth of 3.3 metres to a proposed staircase leading
to a raised porch and front entrance and the flankage side yard width of 1.5 metres
to a proposed detached 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 proposed detached dwelling, as
generally sited and outlined on the applicant's submitted plans.
5
�� 00 _ Committee of Adjustment
Meeting Minutes
_ ' = l Wednesday, April 11, 2012
7:00 pm
Main Committee Room
2. That the applicant obtain a building permit for the proposed construction by
April 11, 2014, or this decision shall become null and void.
Carried Unanimously
4. P/CA 14/12 —V. & L Klukiewicz
865 Darwin Drive
(Lot 25, Plan 40M-1628)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by By-law
2918/88 to permit a rear yard depth of 2.5 metres to a proposed deck, whereas
the by-law requires a rear yard depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain a building
permit for the proposed deck.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending refusal to
the rear yard depth of 2.5 metres and recommending approval to the rear yard
depth of 5.7 metres to a proposed raised deck with guardrails, subject to
conditions. Written comments were received from the City's Development
Control Manager expressing no concerns. Written comments were received
from Councillor Kevin Ashe in support of the staff recommendation. Written
comments were also received from Edward Bennett of 856 Darwin Drive in
support of the application.
Vic Klukiewicz, owner, Adam Malley, agent, were present to represent the
application. No further representation was present in favour of or in objection to
the application.
Moved by Tom Copeland
Seconded by Bill Utton
That application P/CA 14/12 by V. & L. Klukiewicz, be.Refused on the grounds
that the rear yard depth of 2.5 metres is a major variance that is not desirable for
the appropriate development of the land, and not in keeping with the general
intent and purpose of the Zoning By-law.
And
That application P/CA 14/12 by V. & L. Klukiewicz be Approved on the grounds
that the rear yard depth of 5.7 metres to a proposed raised deck with guardrails
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 Zoning By-law, subject
to the following conditions:
6
Ca o0 Committee of Adjustment
Meeting Minutes
14111
■ Wednesday, April 11, 2012
ate= 4016 1 , �:;�;;;,_—..,
�3;14
7:00 pm
Main Committee Room
1. That this variance apply only to the proposed raised deck and guardrail, as
generally sited and outlined on the applicant's submitted plans.
• 2. That the applicant revise the proposed development to exclude guardrails in
the design of the deck where the deck is under 0.6 metres in height.
3. That the applicant obtain a building permit for the proposed construction by
April 11, 2014, or this decision shall become null and void.
Carried Unanimously
5. P/CA 15/12 — B. Gamble & J. Wilcox
484 Oakwood Drive
(Part Lot 97, Plan 350, Part 1, 40R-2552)
City of Pickering
The applicant requests relief from Zoning By-law 2511 to permit a new detached
3 car garage having a height of 5.6 metres and a flankage side yard width of
4.5 metres to the proposed garage, whereas the by-law permits a maximum
accessory building height of 3.5 metres and requires a minimum flankage side
yard width of 7.5 metres to an accessory structure.
The applicant requests approval of this variance in order to obtain a building
permit for the proposed detached 3 car garage and obtain zoning compliance for
the existing flankage side yard width.
M. Yeung, Assistant Secretary-Treasurer stated she received correspondence
from B. Gamble notifying he is withdrawing the application.
Written comments were received from Dan Drummond and Sherry Hoerster of
482 Oakwood Drive in objection to the application. A petition was also received
with 10 signatures from surrounding neighbours opposed to the new detached
3 car garage.
Written comments were also received from the City's Development Control
Manager indicating they can support a 6.0 metres flankage side yard width to
allow for future access from Milton Road, should it ever be extended, if a
4.5 metres flankage side yard is permitted a 0.3 metres reserve will be required
to restrict future access to Milton Road and a grading permit will be required if
the application is approved.
7
Cli o0 Committee of Adjustment
Meeting Minutes et I 1 Wednesday, April 11, 2012
V_I*3111. 7:00 pm
Main Committee Room
Correspondence received from Dan Drummond and Sherry Hoerster, indicated
several concerns with the proposed detached garage, will it be used for
fixing/repairing cars, rear yard access for emergency responders, snow removal,
potential root damage during excavation and grading and an increase in water
runoff into their rear yard and inground pool. Dan Drummond and Sherry
Hoerster also noted that this is a major variance and is unacceptable as it would
create safety concerns, reduce quality of life and decrease property values.
The applicant was not present to represent the application. Steve Hann of
479 Rougemount Drive and Dan Drummondof 482 Oakwood were present in •
objection to the application.
Moved by Bill Utton
Seconded by Eric Newton
That application P/CA 15/12 by B. Gamble & J. Wilcox, be Closed as the
applicant has withdrawn the application. •
Carried Unanimously
(IV) Adjournment
Moved by Shirley Van Steen
Seconded by Bill Utton
That the 4th meeting of the 2012 Committee of Adjustment be adjourned at
7:35 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, May 2, 2012.
Carried Unanimously
•
Date -
i
Chair
Assistant Secretary-Treasurer
8