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HomeMy WebLinkAboutJuly 4, 2012 citg o0 Committee of Adjustment Meeting Minutes Wednesday, July 4, 2012 - E, ice � Ca 4 Committee of Adjustment Meeting Minutes Wednesday, July 4, 2012 viers-o war 7:00 pm Main Committee Room (III) Reports 1. (Deferred from the June 13, 2012 meeting) P/CA 17/12 — L. Saunders 817 Fairview Avenue (Plan 814, Lot 19) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit an existing lot frontage of 7.6 metres, an existing lot area of 295 square metres, a front yard depth of 1.6 metres to a proposed attached garage, a north side yard width of 0.5 metres, a south side yard width of 0.9 metres, a proposed lot coverage of 42 percent, a setback of 0.9 metres to an existing accessory building, and an existing total accessory building lot coverage of 6 percent to allow for the construction of the proposed 3 storey dwelling that will be built behind the existing dwelling and converting the existing dwelling into an attached garage whereas the by-law requires a minimum lot frontage of 15.0 metres, a minimum lot area of 460 square metres, a front yard depth of 7.5 metres, north side yard width of 1.5 metres, south side yard of 2.4 metres, a maximum lot coverage of 33 percent, accessory building setback of 1.0 metres to all lot lines and maximum lot coverage of 5 percent for all accessory buildings. The applicant requests approval of these variances in order to obtain a building permit for the construction of the proposed 3 storey dwelling and garage. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal to the front yard depth of 1.6 metres and recommends that the application be amended to request a front yard depth of 6.0 metres to a proposed attached garage. The Planning & Development Department recommended approval for the variances related to the proposed 3 storey dwelling, subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Leslie & Garry Saunders, owners, were present to represent the application. No further.representation was present in favour of or in objection to the application. Leslie Saunders explained to the Committee since filing the variance application the construction of the garage will have a front yard depth of 2.8 metres not 1.6 metres. In response to a question from a Committee Member, Leslie & Garry Saunders indicated they would not consider amending the application to 6.0 metres because it will affect the size of the backyard. Leslie Saunders officially amended the application to have a front yard depth of 4.0 metres. 2 o0 _z, Committee of Adjustment Meeting Minutes I I Wednesday, July 4, 2012 lite-MI 7:00 pm Main Committee Room Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 17/12 by L. Saunders, be Refused on the grounds that the front yard depth of 1.6 metres to an attached garage of a proposed 3 storey dwelling 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 17/12 by L. Saunders, be Approved on the grounds that the existing lot frontage of 7.6 metres, existing lot area of 295 square metres, an amended front yard depth of 4.0 metres, north side yard width of 0.5 metres, south side yard width of 0.9 metres, accessory building setback of 0.9 metres, accessory building lot coverage of 6 percent and a lot coverage of 42 percent to be 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 subject to the revised front yard depth. 2. That the applicant obtain a building permit for the proposed construction by July 4, 2014, or this decision shall become null and void. Carried Unanimously 2. P/CA 29/12 — M. & L. Raponi 334 Fiddlers Court (Part of Lot 18, Plan 228, Parts 1 & 2, Plan 40R-15374) City of Pickering The applicant requests relief from Zoning By-law 3036 to recognize a north side yard width and an east rear yard depth of 0.6 metres to an existing shed and to permit a south side yard width and an east rear yard depth of 0.4 metres to a newly constructed shed, whereas the by-law requires a minimum 1.0 metres setback to all lot lines for all accessory structures. The applicant requests approval of this variance in order to obtain zoning compliance. 3 Cali 00 Committee of Adjustment Meeting Minutes i - = i Wednesday, July 4, 2012 isorter s 7:00 pm Main Committee Room M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal to the south side yard width and an east rear yard depth to a newly constructed shed. The Planning & Development Department recommended approval for the variances related to the north side yard width and an east rear yard depth to an existing shed subject to conditions. Written comments were received from the City's Development Control Manager indicating all drainage from the structure must be contained on the subject property. Written comments were received from Maria Graefe of 1408 Rougemount Drive in objection to the application. Mario Raponi, owner, was present to represent the application. Josiv Stevanovski of 336 Fiddlers Court and Maria Graefe of 1408 Rougemount Drive were present in objection to the application. Mario Raponi advised the Committee he would like to defer the application to allow time to obtain information from the Planning Department and submit additional information on the application for it to be reconsidered. Josiv Stevanovski provided pictures for the Committee Members to review, and indicated the shed is too close to the property line for proper maintenance. Maria Graefe indicated concerns with the height and location of the shed. Maria Graefe also provided pictures for the Committee Members to review and they show how close the newly constructed shed is to the fence. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 29/12 by M. & L. Raponi, be Deferred to allow the applicant time to review and submit additional information for the application. Carried Unanimously 3. P/CA 30/12 — K. & P. Locke 1321 Commerce Street (Lot 14, Plan 407) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a rear yard depth of 3.8 metres to a proposed rear deck extension, whereas the by-law requires a minimum rear yard depth of 7.5 metres. 4 Ca Committee of Adjustment Meeting Minutes '. l I I --°' - Wednesday, July 4, 2012 141011W C 7:00 pm Main Committee Room 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. Peter Locke, owner, was 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 Eric Newton That application P/CA 30/12 by K. & P. Locke, be Approved on the grounds that the proposed rear yard depth of 3.8 metres to a rear deck extension 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 proposed rear deck extension, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed rear deck' extension by July 4, 2014, or this decision shall become null and void. Carried Unanimously 4. P/CA 31/12 to 33/12 — Pickering Shores Development Inc. 550, 560 & 576 Gillmoss Road (Lots 9, 12, 20, Plan 40M-2469) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 7082/10 to permit: 1. P/CA 31/12 an east side yard width of 0.6 metres to a proposed two-storey detached dwelling, whereas the by-law requires a minimum side yard width of 1.2 metres. • 2. P/CA 32/12 a north side yard width of 0.6 metres to a proposed two-storey detached dwelling, whereas the by-law requires a minimum side yard width of 1.2 metres. 5 City 00 4.4 • Committee of Adjustment Meeting Minutes I., Wednesday, July 4, 2012 1102111114112C 7:00 pm Main Committee Room 3. P/CA 33/12 a south side yard width of 0.6 metres to a proposed two-storey detached dwelling, whereas the by-law requires a minimum side yard width of 1.2 metres. The applicant requests approval of these variances in order to obtain building permits for each lot. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were received from the City's Development Control Manager expressing no concerns with P/CA 31/12 and P/CA 33/12. Written comments were also received for P/CA 32/12 indicating the lot to the north (Lot 13) has been approved with a 0.6 metre setback to a shared property line and have concerns with the drainage between the houses. Dominic Mobilio, agent, was present to represent the application. In further representation was present in favour of or in objection to the application. Dominic Mobilio of Hunt Design explained the application and provided a detailed site plan for the Committee Members to review and consider. Dominic Mobilio explained to the Committee that the way this by-law was written, lots with lot frontages of 12.0 metres or more require larger side yard standards than those lots with lot frontages less than 12.0 metres. The 3 lots requesting side yard variances are flankage lots and the builder intentionally made the lot frontages larger in order to comply with the by-law requirement of flankage side yard. However, once the lot frontages were larger to accommodate flankage side yard width, the lot frontages of the flankage lots became 12.0 metres or more which then must comply with larger side yard standards. Therefore, the by-law limits the builder from building the same size home on larger lots than those allowed on smaller lots. Dominic Mobilio also explained that the builder only wishes to build the same size home as he can on a smaller lot with lot frontages less than 12.0 metres. Moved by Shirley Van Steen Seconded by Bill Utton That applications P/CA 31/12 to P/CA 33/12 by Pickering Shores Development Inc., be Approved on the grounds that the side yard widths of 0.6 metres for three proposed two-storey detached dwellings on three separate lots 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, subject to the following conditions: 6 City 4� Committee of Adjustment Meeting Minutes Wednesday, July 4, 2012 1 7:00 pm Main Committee Room 1. That these variances apply only to the proposed two-storey detached dwellings on three separate lots, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain building permits for the proposed construction by July 4, 2014 or this decision shall become null and void. Carried Vote Tom Copeland in favour David Johnson in favour Eric Newton opposed Bill Utton in favour Shirley Van Steen in favour 5. P/CA 35/12 — Wintser Investments Limited 415 Toynevale Road (Part of Lots 64 to 66, Part 1, Plan 40R-19738) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 1399/81 to permit a maximum of 73 children in a Day Nursery facility for the daytime care of children and a total of 300 children and students enrolled in either a day nursery or a private non-residential school at any one time, whereas the by-law permits a day nursery facility for the daytime care of not more than 40 children at any one time and a maximum total of 150 children and students enrolled in either a day nursery or a private non-residential school at any one time. The applicant requests approval of this variance in order to obtain zoning compliance to receive site plan approval. 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 Ian McFarland of 380 Toynevale Road, Pavel & Irina Muresan of 401 Frontier Court and Carole King of 372 Toynevale Road in objection to the application. 7 01 Committee of Adjustment Meeting Minutes Wednesday, July 4, 2012 • 7:00 pm Main Committee Room Heather Wilson & Lawrence Wilson, owners, were present to represent the application. Dave Page of 574 Oakwood Drive, Lisa Black-Meddings of 382 Toynevale Road, Catherine Coghlan of 433 Toynevale Road, Michael Barber of 374 Toynevale Road, Carole King of 372 Toynevale Road, Alex • Tsoulis of 543 Toynevale Road, Teresa Bunting of 543 Lekani Court, Marie Robinson of 414 Toynevale Road, Heather Wilkinson-Little of 410 Toynevale Road and John McFarland of 380 Toynevale Road were present in objection to . the application. Correspondence received from Pavel & Irina Muresan indicated concerns with increased risk of accidents, noise, sewage, residential access and the capacity, safety and hygienic conditions of the existing building. Heather Wilson explained the application and the current number of children enrolled into the school. In response to a question from a Committee Member, Heather Wilson indicated she has no problem holding a Community Meeting with area residents to listen and try to address their concerns. Dave Page indicated concerns with traffic and safety along Toynevale Road especially in the winter and requested clarification on the variance application. Lisa Black-Meddings indicated concerns with traffic, safety of children at the bus stop, and drivers not stopping at the stop sign. Lisa Black-Meddings requested clarification on the variance application. Catherine Coghlan indicated concerns with traffic, already over maximum • children allowed, increased noise, and not enough parking. Michael Barber indicated to Committee Members Region of Durham has been contacted frequently regarding existing traffic concerns. Carole King indicated concerns with unplowed sidewalks on many occasions in the winter and Sunday soccer games during the summer, the steady flow of erratic drivers dropping off and picking up children and not being able to exit their - driveway in the mornings before 9 am or in the afternoon around 4pm. Alex Tsoulis indicated concerns with the Montessori site being very cramped especially in the southwest corner, no crosswalk or proper sidewalks exists and entrances are too close to residential uses unlike standards established in public school sites. 8 Cat/ o Committee of Adjustment _ Meeting Minutes _- Wednesday, July 4, 2012 1i► -am-s ev er 7:00 pm Main Committee Room Teresa Bunting indicated concerns with the Montessori School having been in non-compliance for four years now, and would like a complete traffic study on the increased traffic and the effect the increase would have on the surrounding neighbourhood. Teresa Bunting noted the Montessori School had a company trim the trees surrounding the subject property and they cut two of her mature trees to six foot stumps and these trees helped screen the view of the school gym from the back deck and will be costly to have these trees removed. Marie Robinson indicated concerns with traffic and it takes up to 5-10 minutes just to exit her own driveway. Marie Robinson tried to speak with Heather Wilson suggesting a newsletter be handed out to parents of the Montessori School asking to be courteous to surrounding neighbours of the Montessori School and obey the rules of the road. Heather Wilkinson-Little indicated concerns with traffic, safety of children, noise and when the school has a special event parking spills out onto the roadway because there is not enough parking on-site. John McFarland indicated concerns with the continuous stream of traffic to and from the Montessori School which causes a major problem leaving their own driveways. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 35/12 by Wintser Investments Limited, be Deferred to allow the applicant time to consult with the community. Carried Unanimously 6. P/CA 36/12 —J. & G. Breen 4993 Brock Road (Part of Lot 3, Plan 12, Part 1, Plan 40R-5734) City of Pickering The applicant requests 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 buildings used for residential purposes as a 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. 9 Ca 4 = Committee of Adjustment Meeting Minutes Wednesday, July 4, 2012 7:00 pm Main Committee Room 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 received from the City's Development Control Manager expressing no concerns. Written comments were also received from Shelagh & Ken Mulveney of 4951 Brock Road noting the application is acceptable with conditions. John & Gordana Breen, owners, were present to represent the application. Ron Hedges of 1767 Track Street was present in objection to the application. John & Gordana Breen provided a history of the property and the previously approved Committee of Adjustment application in 2010. Gordana Breen indicated Fire Services has no fire safety concerns regarding the accessory building which will address condition #3 of staff recommendations. John & Gordana Breen indicated they have spoken with the neighbour to the south regarding the encroachment agreement. Ron Hedges questioned when the barn on the subject property was converted to a coach house. Ron Hedges indicated he did not receive a copy of the notice. Ron Hedges also questioned why his name was not indicated on the encroachment agreement as he is also listed on the property as a registered owner. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 36/12 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 to be 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 building, as sited and outlined on the applicant's submitted plans with this application. 10 Committee of Adjustment Cali 00 • Meeting Minutes Wednesday, July 4, 2012 Itakr110'1[ 7:00 pm Main Committee Room 2. That the applicants enter into an encroachment agreement with the owner of the abutting south property (4989 Brock Road) by January 4, 2014 or the decision regarding the accessory building shall become null and void. 3. That the applicants provide confirmation to the Planning & Development Department that a fire inspection was conducted through the Fire Services Division, to the satisfaction of the City by January 4, 2013, or the decision regarding the accessory building shall become null and void. Carried Unanimously (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 8th meeting of the 2012 Committee of Adjustment be adjourned at 8:43 pm and the next meeting of the Committee of Adjustment be held on Wednesday, July 25, 2012. Carried Unanimously Date $ - Chair -41101k ■J‘. Assistant Secretary-Treasurer 11