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HomeMy WebLinkAboutMay 22, 2013Present: Tom Copeland David Johnson — Chair Bill Utton Also Present: Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 7:00 pm Main Committee Room Mila Yeung, Assistant Secretary- Treasurer Lesley Dunne, Assistant Secretary- Treasurer Melissa Markham, Principal Planner, Development Review Absent: Eric Newton Shirley Van Steen — Vice -Chair (1) Adoption of Agenda Moved by Bill Utton Seconded by Tom Copeland That the agenda for the Wednesday, May 22, 2013 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Tom Copeland Seconded by Bill Utton That the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, May 1, 2013 be adopted. Carried Unanimously 1 Cif Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 PI 7:00 pm Main Committee Room (III) Reports P /CA 26/13 K. & J. Sukhra 1101 Gossamer Drive The applicant requests relief from Zoning By -law 3036, as amended by By -law 4113/92 to permit a minimum rear yard depth of 3.4 metres to a roof extension within the rear yard, a maximum lot coverage of 39 percent to accommodate the existing roof extension in the rear yard, and an 8 square metre shed in the front yard with a minimum front yard depth and flankage side yard width of 0.6 metres, respectively; whereas the by -law requires a minimum rear yard depth of 7.5 metres, a maximum lot coverage of 38 percent and that all accessory buildings detached from the dwelling shall be erected in the rear yard. The applicant requests approval of these variances in order to obtain a building permit for an existing roof extension within the rear yard_ and zoning compliance for an existing shed. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending approval for the variance related to the rear yard depth and lot coverage for the existing roof extension in the rear yard, subject to conditions and recommended refusal for an 8 square metre shed within the front yard and a flankage side yard width of 0.6 metres. The City Development Department recommends that the application be amended to allow an 8 square metre shed be located in the flankage side yard with a minimum setback of 12.0 metres from the front lot line and a flankage side yard width of 0.6 metres, subject to conditions. Written comments were also received from the City's Development Control Manager and Chief Building Official both expressing no concerns. Pasha Afshar, agent, and K. & J. Sukhra, owners, were present to represent the application. Sally Gajraj of 1106 Gossamer Drive was present in favour of the application. Luigi & Nancy Morra of 1100 Pine Glen Drive and Peter Bonfiglio of 1122 Pine Glen Drive were present in objection to the application. Pasha Afshar explained there is an existing roof extension within the rear yard and it will be removed and the proposed roof extension will be approximately two feet smaller than the existing. In response to questions from a Committee Member, Pasha Afsher indicated the existing posts will be removed and replaced with metal posts and the roof extension is covering a concrete pad. 2 citq o¢ _ Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 I MG 7:00 pm Main Committee Room Sally Gajraj indicated-the subject property is well maintained and does not have a problem with the shed being located in the front yard. Luigi Morra expressed concerns with drainage onto his property and the location of the shed in the front yard. Peter Bonfiglio expressed concerns with drainage affecting surrounding properties and building without a permit. In response to questions from a Committee Member, M. Yeung, Assistant Secretary- Treasurer explained the building permit process which assesses drainage to ensure it is self contained on the property and is not aware of any other complaints reported regarding drainage. Moved by Bill Utton Seconded by Tom Copeland That application P /CA 26/13 by K. & J. Sukhra, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Unanimously 2. P /CA 27/13 G. Modica 481 Oakwood Drive The applicant requests relief from the following provisions of Zoning By -law 2511, as amended: • to permit a minimum south side yard width of 0.9 metres to a proposed attached garage; whereas the by -law requires a minimum side yard width of 1.5 metres • to permit a minimum flankage side yard width of 1.9 metres to a proposed covered entrance and to recognize a flankage side yard width of 1.3 metres to an existing two- storey detached dwelling; whereas the by -law requires a minimum flankage side yard width of 4.5 metres • to recognize a south side yard width of 0.7 metres to an existing two storey detached dwelling and to an existing uncovered rear deck; whereas the by -law requires a minimum side yard width of 1.5 metres 3 Committee of Adjustment C` Meeting Minutes Wednesday, May 22, 2013 P1 7:00 pm Main Committee Room • to recognize a rear yard depth of 0.7 metres and a flankage side yard width of 0.7 metres to an existing shed on a corner lot; whereas the by -law requires a minimum rear yard depth of 3.0 metres and a minimum flankage side yard width of 4.5 metres for all accessory buildings located on a corner lot The applicant requests approval of these variances in order to obtain a building permit to construct a covered entrance within the side yard and an attached garage within the front yard, as well as to obtain zoning compliance for the existing dwelling, uncovered rear deck and shed. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager and Chief Building Official both expressing no concerns. Written comments were also received from Carolyn & Paul Sweenie of 473A Oakwood Drive in objection to the application. Vince Modica, agent, Guiseppe Modica, owner, were present to represent the application. Sal Modica was present in favour of the application. Robert & Sharon Van Shaik of 478 Oakwood Drive, Thomas Martin & Michelle Mitchell of 477 Oakwood Drive, Doreen Brown of 475 Oakwood Drive, Brendan Donnelly & Vera Isachenko of 479 Oakwood Drive and Dan Drummond of 482 Oakwood Drive were present in objection to the application. Correspondence received from Carolyn & Paul Sweenie expressed concerns that the subject property is a corner lot and the visual obstruction the proposed garage will have for vehicles approaching the stop sign at Staghorn Road and Oakwood Drive, safety of pedestrians due to potential traffic hazard and the siting of the garage in front of the existing home is unappealing. Carolyn & Paul Sweenie questioned if the proposal is for an attached or detached garage, the visual details in comparison to the surrounding neighbouthood, and will the face of the garage be in line with or extend further than the existing home to the south. In response to questions from concerned neighbours Vince Modica explained the house has no garage, there are several trees on the property that have to be preserved and the proposed garage is not able to be located in the rear yard because there is not enough space. Vince Modica also indicated the dwelling is registered as a 2 -unit dwelling with the City. Sal Modica explained the proposed garage will add value and blend in with the home and surrounding neighbourhood. Sal Modica also indicated the zoning issues are a result of the new street Staghorn Road. 4 Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 PI 7:00 pm Main Committee Room Robert & Sharon Van Shaik expressed concerns the proposed attached garage will negatively impact the surrounding area, decrease property values and feels the garage can be located in the rear yard off of Staghorn Road. Thomas Martin & Michelle Mitchell expressed concerns with the location of the proposed garage and feels it could be located in the rear yard out of the way. Doreen Brown expressed the same concerns as her surrounding neighbours with the location of the proposed garage and feels it could be located in the rear yard out of the way. Brendan Donnelly & Vera Isachenko expressed concerns the height of the proposed garage that it may turn into living space and feels a single car garage would be better suited for the subject property. A photo was submitted for the Committee to review and questioned where the proposed garage is going to be located and how many metres it will project outwards from the front main wall of the house. Dan Drummond indicated there have been lots of changes in the neighbourhood with large homes being built and he feels the neighbourhood is becoming over developed. Dan Drummond expressed concerns with the proposed garage having a negative visual impact and the affect it will have on the surrounding neighbourhood. Moved by Bill Utton Seconded by Tom Copeland That application P /CA 27/13 by G. Modica, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Unanimously 3. P /CA 28/13 H. & Z. Tieze 1877 Pine Grove Avenue The applicant requests relief from Zoning By -law 3036, as amended to permit an east side yard width of 1.0 metre to an existing detached dwelling and an east side yard width of 0.8 metres to an existing deck in the rear yard, whereas the by -law requires a minimum side yard width of 1.5 metres. 5 Cif _ Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 1 I�►11 V 7:00 pm Main Committee Room The applicant requests approval of these variances in order to obtain zoning compliance for a proposed land severance administered by the Region of Durham to create a new residential lot on the east side of the existing dwelling. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager indicating the applicant be advised that through the severance application the City will require a preliminary grading plan that will address the placement of a common drainage swale to redirect roof drainage that presently drains onto the future severance lands. Written comments were received from the City's Chief Building Official indicating without any information on the dwelling, the Building Department cannot assess whether or not there is any spatial separation concerns. Written comments were also received from the Region of Durham Health Department indicating no objections, however the lots will require either connection to municipal services or compliance with the regional lot sizing policy. Jakub Tieze, agent, 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 Bill Utton That application P /CA 28/13 by H. & Z. Tieze, be Approved on the grounds that the proposed east side yard width of 1.0 metre to an existing detached dwelling and an east side yard width of 0.8 metres to an existing rear deck are minor in nature 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 building and rear deck on the proposed retained parcel, as generally sited and outlined on the applicant's submitted plans. 0 Citq co Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 1 7:00 pm Main Committee Room 2. That the applicant demonstrates, via calculations, that the location of the proposed new property /severance line meets the spatial separation requirements of the Ontario Building Code to the satisfaction of the Chief Building Official prior to receiving final clearance for a future land severance. 3. That the applicant obtains final clearance for a future land severance by November 30, 2014, or this decision shall become null and void. Carried Unanimously 4. P /CA 29/13 G. & J. Timleck 691 Foxwood Trail The applicant requests relief from Zoning By -law 3036, as amended by By -law 1543/82 to permit a 0.2 metre south side yard width to an existing accessory structure (pergola attached to a deck) not part of the main building, whereas the by -law requires a minimum side yard width of 1.0 metre for all accessory structures not part of the main building. The applicant requests approval of this variance in order to obtain a building permit for an existing accessory structure (pergola attached to a deck) associated with an above ground pool. M. Yeung, Assistant Secretary- Treasurer outlined comments received from the City of Pickering City Development Department recommending refusal. Written comments were also received from the City's Development Control Manager and Chief Building Official both expressing no concerns. James Timleck, owner, Jim Drakopoulos, agent, were present to represent the application. Douglas Kutz of 693 Foxwood Trail was present in favour of the application. James Timleck indicated this minor variance application is only in front of the committee because of a complaint that was filed on the height of the existing privacy fence and accessory structure (pergola and deck) and not on the side yard width. He further indicated that since the height of the privacy fence and deck is below City requirements and there are no complaints regarding the side yard width, the Committee should approve the application. James Timleck explained if the deck was relocated or reduced in width size, it will not change the visual impact on surrounding neighbours but rather there would be a safety concern with the lack of space on the deck for people to pass. 7 Cif Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 PI 7:00 pm Main Committee Room In response to questions from Committee Members, James Timleck advised that the above ground pool was installed in 2011 and the deck was built in the spring of 2012. In addition, the Committee Member questioned James Timleck for not obtaining a building permit and whether the existing accessory structure and deck will comply with the Ontario Building Code. James Timleck responded that he did not know he needed a building permit as the structure is soundly built, but he anticipates that he would have no issues in obtaining a building permit to comply with the Ontario Building Code. Jim Drakopoulos explained if the structure was reduced in size there will be a safety issue and if it is relocated there will be no change on the visual impact on the surrounding neigbourhood. The Committee Members also questioned the agent for building without a building permit. Jim Drakopoulos indicated he was not employed for the construction of the accessory structure. Douglas Kutz indicated moving or making the structure smaller will provide no change and if the structure was to be made smaller, there will be a safety concern for the users walking on the deck. Douglas Kutz explained the existing construction does not impact property values. Moved by Tom Copeland Seconded by Bill Utton That application P /CA 29/13 by G. & J. Timleck, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Unanimously 0 (IV) Adjournment Moved by Bill Utton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, May 22, 2013 7:00 pm Main Committee Room That the 6th meeting of the 2013 Committee of Adjustment be adjourned at 8:13 pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 12, 2013. Carried Unanimously Assistant Secretary- Treasurer 0