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HomeMy WebLinkAboutNovember 28, 2012 Committee of Adjustment • C` o 1 Meeting Minutes gl 3 p _ Wednesday, November 28, 2012 T . I 7:00 pm 1 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, November 28, 2012 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Bill Utton Seconded by Shirley Van Steen That the minutes of the 14th meeting of the Committee of Adjustment held Wednesday, November 7, 2012 be adopted. Carried 1 • Committee of Adjustment Cart al I., -. . Meeting Minutes t = W�� ' Wednesday, November 28, 2012 7:00 pm Main Committee Room (III) Reports 1. P/CA 60/12 — C. Buchmann & J. Chunik 975 Vistula Drive The applicant requests relief from Zoning By-law 2520 to permit a front yard depth of 5.8 metres and an east side yard width of 1.0 metre to a proposed dwelling addition, 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 the proposed dwelling addition. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal to the front yard depth of 5.8 metres variance and recommended approval for the variance related to the east side yard width, subject to conditions. The Planning & Development Department recommends that the application be amended to request a front yard depth of 6.0 metres. Written comments were also received from the City's Development Control Manager indicating vehicles must be parked in a manner so that they will not encroach onto the sidewalk. Written comments were also received from Terry Bigwin of 973 Vistula Drive in objection to the application. Correspondence received from Terry Bigwin indicated concerns with the drainage from his backyard and patio due to the area between the houses being reduced and height of the new addition may create snow piling on his roof which may cause damage to the structure and shingles. Terry Bigwin also indicated that during construction the fence between the properties be maintained at all times, provide protection to the stone walkway and garage and the stone walkway be unobstructed at all times. Chris Buchmann & Jennifer Chunik, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Chris Buchmann agreed with Staff's recommendations and amended the application to allow a front yard depth of 6.0 metres to the proposed dwelling addition. 2 Committee of Adjustment C` °� Meeting Minutes Wednesday, November 28, 2012 T 7:00 pm Main Committee Room Moved by Eric Newton Seconded by Bill Utton That amended application P/CA 60/12 by C. Buchmann & J. Chunik, be Approved on the grounds that the front yard depth of 6.0 metres and an east side yard width of 1.0 metre to a proposed dwelling addition 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 and Official Plan, subject to the following conditions: 1. That these variances apply only to the proposed dwelling addition with a front yard depth of 6.0 metres, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by November 28, 2014, or this decision shall become null and void. Carried Unanimously 2. P/CA 61/12 — Kingswhite Properties Inc. 780 Kingston Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 5991/02 to permit a maximum combined gross leasable floor area of 1,245 square metres for all restaurants, whereas the by-law permits a maximum combined gross leasable floor area of all restaurants shall not exceed 1,200 square metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed restaurant use. 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 Toronto Region and Conservation Authority indicating no objections to the application. David Stevenson, owner, was present to represent the application. Ralph & Sylvia Spencer of 771 Sheppard Avenue were present in objection to the application. 3 • Committee of Adjustment City Meeting Minutes Wednesday, November 28, 2012 7:00 pm Main Committee Room In response to questions and concerns David Stevenson indicated the concerns expressed by the abutting neighbour are property maintenance issues and indicated that he will look into these concerns. David Stevenson also indicated the total number of restaurants on-site would be seven. Sylvia Spencer indicated concerns with emergency alarms going off in the middle of the night, poor ventilation from restaurants on-site, restaurant odours and grease forming on her walls, on-site traffic movement, the additional 45 square metres would be better used for security and would prefer to see other retail uses on the property rather than more restaurants. Moved by Tom Copeland Seconded by Shirley Van Steen That application P/CA 61/12 by Kingswhite Properties Inc, be Approved on the grounds that the maximum combined gross leasable floor area of 1,245 square metres for all restaurants 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 existing commercial building, as generally sited and outlined on the applicant's submitted plans. • 2. That the applicant obtain a building permit for the proposed construction by November 28, 2014, or this decision shall become null and void. Carried Unanimously 3. P/CA 62/12 — K. & M. Arshad 2080 Blue Ridge Crescent The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85 to permit a rear yard depth of 2.8 metres and an east side yard width of 0.1 metres to a proposed uncovered deck in the rear yard whereas the by-law requires a rear yard depth of 7.5 metres and a side yard width of 0.6 metres. The applicant requests approval of these variances in order to obtain a building permit for the proposed uncovered deck. 4 Committee of Adjustment City °f" Meeting Minutes "- Wednesda November 28, 2012 I1 -C 7:00 pm �1 Main Committee Room M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal to the east side yard width variance and recommended approval for the variance related to the rear yard depth, subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Frank Bandiera, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Frank Bandiera amended the application by withdrawing the east side yard width variance of 0.1 metres and he requested the Committee to proceed with the rear yard depth variance of 2.8 metres. Moved by Shirley Van Steen Seconded by Bill Utton That amended application P/CA 62/12 by K. & M. Arshad, be Approved on the grounds that the rear yard depth of 2.8 metres to a proposed uncovered deck 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 a proposed uncovered rear yard deck with a side yard width of 0.6 metres, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by November 28, 2014 or this decision shall become null and void. Carried Unanimously (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 15th meeting of the 2012 Committee of Adjustment be adjourned at 7:33 pm and the next meeting of the Committee of Adjustment be held on Wednesday, December 19, 2012. Carried Unanimously 5 Committee of Adjustment City Meeting Minutes Wednesday, November 28, 2012 11 7:00 pm Main Committee Room Date Chair ,1) pior6vt A sistant Secretary-Treasurer 6