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HomeMy WebLinkAboutSeptember 30, 1998�.� _, ., . . . . . . . �N�� � MINUTES ot ihe 13th meetiag ot the Committee at Adjustment held 10 Ihe Commitfec Room ot the P(ckering Civtc Corople: on Wednesday, September 30,1998. PRESENT: Mr. C. Yaung (Chairperoon) Mr. K. Aahe Mr. M. Holland (errived 7:25 p.m.) Mr. White ALSO PRESENT: Mr. J. Colc, Assistent Secretary-Treasurer Mro. F. Niro, Sccrelary-Treasurer (Actiog) The meeting convened at 7:00 p.m. in ihc Main Commiffee Room of the Civtc Complex. 1. MATTERS ARISING FROM THE MINUTF.S Th� rc wcrc no matten arising from the minutes. 2. ADOPTION OF MINUTF.S MOTION: MoveJ by Mr. A�he, seconded b� Mr. White anJ carricd unanimousiy - That ihe minutes of the 12th mceling of the Committee of Adjustment hclal September 9,1998, be adopted. MOTION: Moved by Mr. Whfte, seconded by Mr. Ashe, ihat the rcading of mfnor variance application P/CA 65/9B, by M, van dcr Kuur & S. Nadcau, bc dispensed with. MOTION CAR}t1ED (Delails ojlhe above applica�Jon are explained belowjnr reference) (Dejerred jrom Seplember 9,1998 meeJin� 3. P/CA 65/98 - M. van der Kuur & S. Nadeau Part of Lot 8, Plan 65, also Part of Lot 23, Rangc 3, B.F.C. aleo known aa 690 Front Strcet Town otPickering The applicanla requeat rellef from the following provieion� of Zaning By-lew 2511, R9 Amended: Section 10.2.( to permit the conNnuanec ota minimum lot frontegc of 10.3 metre� provided by the e:i�Hng property, whereaa t�e zoning by-law requirra A minfmum lot frontage ot I5.0 metrca; 8Q Sectlon 10.23 to permif ihe eatpbl(s6ment ot a minimum tront yard deplh of 5.4 metres to be provided by w propoaed porch, aod a minimum trant yrrd depth af 6.22 metrea to be provlded to it� proposed roof, whereaa the zontog by-Iaw reyuiree a minimum front yard depth of 7.5 metrea; SecHon 10.2.3 lo permit the eafA6lUhment of a minimum north alde yard widtM of 0,5 of a metre aod a minimum south aide yard wldth of 0.9 ot a metre lo be provided by the proposed ono-aad-one-halt storey dwelling on the subJect properfy, whereas the zoning by-law requtre� minimum side yard widtha of 1.5 metres where an attachcd garage exist� on a lot. The applicants requeat approvAl ot these varlances in order to recognize the e:isting lot �rontage provided by ihe subject lot, and to obtain a building permit to con�lruct a proposed onrand-onc-half sforey detached dwelling on the subject praperty. The A�si�tant Secrctaty-Treaaurcr outllocd cummenta received Gom ihc Town ot Pickering Planning Department, Toronto and Region Coneervation Authority and ihe Public Works Deparlment. Mr. SIm Poaen, agcot, was preaent to rcpresent thc applicalian. Also present wcrc Mr. van der Kuur and Mro. S. NaJeau, ownen of the aubject property. Mr. Poacn asked that the Comroittce con�ider making a decision ihis evening wilh a condilion subject to the Toronto ond Region ConecrvAtion Aulhurity'a approval. Mn. Nadeau a�ked the Commillec if the TRCA gave a time framc as to when comments may bc reccived. Mr. Po�en �tated Ihat hc hopcs to bc incluJed on the agcnda for thc Octobcr 16th TRCA Council mceting. Mr. White commented thnt atnce comment� trom TRCA arc rcquircd to fully asscs� whether or not ihe praposed development woulJ be appropriate, an approval in principlc wauld not moke scnsc. Mr. A�he suggc�ted that the opplicant may havc bcen IcJ lo bclieve Ihat n dec(ston cou1J be made with condiNons atcmming trom Ihc cammenb made at Ihc previous mceting. Ilowever, A reccnt leltcr from TRCA �uggeste tabiing the application pending fuHhcr di�cussions, therefore, Mr. Ashc atated that hc b in aupport at tabling the wppllcntion until ihc ne:t meeting. Mr. Cole advised tMnt tabling tl�e npplicat;�n would require thc npplication to bc recfrculated, but fo tlefer it woulu just Eriag it to ihe ne:t mecling. The Plannfng Department will check with TRCA on the Ibth or 19ih of October and will nolify thc applicant if they have not denit with the application yet. MO'fION: Moved by Mr. While, seconded by Mr. A�he and carrfed unanimously that- thi� applicatton P/CA 65/98, by M. van der Kuur & S. Nadeau, be DEFERRED for conaiderafioa to ihe oe:t Commiftee of Adjustment mccting bcing Wedne�doy, October 21,1998, pending Ihe receipt and review ot delailcd comment� from t6e Toronto and Region Conaervailon Aulhority. MOTION CARRIED 81 P/CA 67/98 - Philip Herorada Lot 29, PIAn 40M-1507 o�o known as 299 Lancreat Street Towo o[Pickering The applicaot requeata rcifet trom Section 5.(1)(b)(v) of amending Bylaw 2224/B6 to Zoning By-Irw 303610 permit the establis6mcat ot s minimum tiankage aide yard width of 1.4 metrea provided by a proposed root structurc over an ei4�ting porc6, whereas ihe zoning by-law requires a minimum flankage side yard widt6 of 7..7 metres. The applicont requests approval of this variance in ordcr obtain a building permit for the proposed rootatructure construction. The Aa�i�tent Secretary-Treasurcr oulliacd commenta received from ihe Town of Pickering Pianning Department. Mr. Philip Fieruaodez, owncr, was present to represent t6e application. No further representatioa was prescat in favour ot or in objection to the application. Mr. Ileniandez atated that ihe roof �tructurc is required in order to prevent further watcr damage caused by drain waler. DECISION: Moved by Mr. Ashc, seconded by Mr. Whitc and carrie� unanimausly ihat- tdG applicalion P/CA 67/98, by Philip Flernnndez, as outlined, be APPROVED on ihc grounds th�t Ihe propaaed 1.4 metre ilankngc �ide yard width provided by a roof structurc over fhe existing porch on lhe �ubject property i� minor in nature, Jesirablc for the appropriate development of ihe IAOd, and in kscping with the generol purpose and infent ot tde O�cia! ?lan and the zoning by-law, �ubjcct lo ihe following conditions: That thc propoacd roof atructurc, prov(ding a minimum Ounkagc sidc yard wiJth o( 1.4 metrea, be conalructed within one ycar af thc date ot thi� deciainn, or Ihc approval ot thie variance aholl became null and voiJ. That the proposcd roof siructurc bc conetructeJ as gcncrAlly outlined on the applfcanCs aubmitteJ plana wilh fhi� applicatinn, and not cicced �.2 square mclres io aizc. P/CA 68198 - Disie Woods Estatcs Ltd. Lot 44, Plan 40M•1811 al�o known as 1119 Pfne Glcn Drivc Town ot Pickcrtog The applicaot requeata relief from Section 5,(1)(b)(iv)A of amending Bylaw 4113/92 to Zoning Bylow 3036 to permit 16e eatablishment ot A minimum 1.09 metrc aout6 side yard widt6 to be provided by a propoaed attached garege to a future detached Jwelling on lhe aubJect property, whereos the zoniag by-law requtre� a minimum aidc yard wtdth ot 1.2 roetrea. T6e rpplicant requeate approvAl ot lhia variroce in order to obfain r building permit to conatruct r detached reaidential dwelling wilh an ettachcd garage on ihe aubject properfy. Tde Ae�btoat Secretary-Trea�urer outlined commenta received trom Ihe Town of Pickering Planaiag DepArtmenf. Mr. Fnok Prlombi, Agent, wa� preaent to repreeent the applicrtlon. No further repreaeotrHon was preeent in tavour otor In abjection to the appUcrtian. Mr. Palombi afated t6at the origina! aite plen ihat hed received approvai incluJed thie parNculrr houae type. Tht� type ot dome Has deslgned to fit on a ehallow lof, but due to the arcditect9 error a reduced aide yard is required. Mr. Pelombi tcel� that lhe degree of opeanee� i� maintained, therefore, not changing Ihe intent ot the zoning by-law. Mr. Palombi advt�ed the membero that ihe foundation le already in place. Mr. Aahe aaked tor clarificAtton aa to what ihe Plenning Departmeot considen "for ronvenience purpu�es". Mr. Cole �tAted Ihat the Applicant indicated on the appl(cation form that t6e aubject property t� a vacant lo! and commentv were based on Ihe vacant lot, but aince !he foundation is e:i�ting end t6at t6e requested variance is quite small, thc Pla9niog Department has changed ils recommendation and now recommends approval. DECISION: Moved by Mr. White, eeconded by Mr. HollanJ anJ carricd unanimously that- ihis applicatioo P/CA 68/98, by Dt:te Woods Estates Ltmited, as outlined, be APPROVED on the grounds that the propo�ed minimuro 1.09 metre south aide yard widlh varfance is minor (n nature and appropriafe tar the dafrnble development of thc land. 6. P/CA 69/98 - 557351 Onta�io Ltd. & Town of Pic�Cering Block 80, Pinn 40M-1515 & Part of Dlack 84, Pian 40M-1515 elso known as 1472 Allona Road Town of Pickcrfng The appllcant requcsfe relief frort� thc fallowing provision� ot Uylaw 3036, a� amended Section 2.50 lo allow the lot fronlage lo bc mca�ured at a point 20,0 metres back from thc Richard�on Street fronlagc, and parallcl to it, �o Ihat thc resultant lat will comply with ihe zoning by-law art�d can bc devcloped a� w residenHal lot. Secfton 5.(b)(:)A to allow a Jetached garage fo bc conatrucleJ In the front,side, or rcar yard ot the resultant lot, in conjunclfon wilh a Jwelling, whereas lhe zoning by-law require� a garage to be attached to the main dwelling. The A��istant Secretary-Treasurcr outlined comments reccived from the Town of Pickcring Planning Department. Mr. Craig Marahall, owner, wa� preaent to repreaent the applicalion. Also present were Mr. Ien McCullach, Mr. Peter Klym af 1484 Altona Road and ;Kr. Len Scavuao of 1478 Altooa Road. Mr. Manhall stated that he agreed with the Planning Departments recommendation. Mr. Klym a�ked tf area resident� would bc noHfied prior to the approvnl of a driveway aetbnck on thc aubject property. Mr. Klym stated that he haa no tbjection to thc appl(catton but had conceme about drainage. Mr. Cole replled that there i� no pubiic con�ullaHon proccss for driveway access 6��f that he would roako cerlain Ihat ht� commenle and coacerns be paesed on to thc Public 1Vorks DepArtment. Mr. Cole adviaed Mr. Klym Ihat the Public Worke DepnHment must bc aati�tled that t6e lof coofiguration will provide eatiafACtory drivewey and ecrvicing accca� to the tuture lot and that would apply fo Block 79 ee wcll. 83 Mr. McCulloch atafed Ihot catc6 baeina wlll be relocoted fo Ihe north aide o( the drivewAy And a retainiog wall wlll be conafructed to eupport the diivervaya. Mr. Marehall etAted thot the drivewrya wlll not encroach on to abutNng propertles. . Mr. Scrvuno etpted that he hod no obJection to the application but thaf ha diJ have concems rbout the drainege. Mr. Aahe commented on 6ow delighted he was to aee reaidents and developero cooperat(ng and reaching ao undentanding. MOTION: Moved by Mr. Ashe, seconded by Mr. Holland, ihat the reading of ihe deci�ton ot minor variance applicatton P/CA 69/98, by 557351 Ontario Ltd. & Town of Ptckering, be dispensed wflh. MOTION CARRIED (Details of Ibe declsion are explalned be%iv jor rejerence) DECISION: Moved by Mr. Ashe, eecanded by Mr. llolland and carricd unanimously ihat- t6is application P/CA 69/98, by 5573S1 Ontario Ltd. & Town of Plckering, as outlined, be APPROVED on the grounJ� that the proposed variance� to allow lot frantage on ihe fufure lot known aa Block 80 and Part ot Ulock 84, Plen 40M-1515 to be measured 20 metres back from the front lot line anJ parallel to it, and to ollow a detached garagc to be cunstructed in ihe front, sidc, or rcar yerd ot thc futurc lot arc minor in nature, Jesirablc for thc appropriate devclopment of Ihe land, and in keeptng with thc general intent and purpose of the Ofticial Plan and the Zoning By-law, aubject to thc following conditions: 1. That ihe lat frontage vartancc doc� nol come into effcct until the Town Public Worlc� DepaHment advises that they are sati�ficd Ihat the lot config�vation will provide �atlsfactoty drivcway ond �crvic(ng accc�a to the future lot. 2. Thet Ihe owners of Dluck 80, Plan 40M-1515, makc all nccessary arrangemente with and to fhc snti�facHon of ihc Town, for thc purchasc of a portion otDlock 84, Plan -0OM-1515, and complcic the transaction to combinc the purchased land wilh Dlock 90, Plan 40M-1515, within two ycars of ihe date af ihi� decision, or ihe approval of the lot trontage variance shall becomc null and vnid. 3. That the detached garage varience does not come into effcct until the Director of Planning gives eiting and architecfural design approval of a propoaed detached gange which tnclude architectural ancUar aifing features which enhence ite vi�ual appearance and the uaability ut the subject lot, and do not create any undue negative impacb on adjacent propertics. 7. P/CA 71/98 - R& R Colwcll Lot 224, Plan M-1057 also known aa 1798 Eaetbank Road Towo of Pickering The nppifcanf requc�ta reltef from Sc6edule "D" to amending Bylaw 4407/73 to Zoning Bylaw 3036, Ae amended, to permit the continuance ot a aouth elde yard width of 1.1 metres, w6ereaa the zoning by-law requlrea a minlmum elde yard widt6 of 1.2 metrea. 84 T6e APj1IICA0i� reque�t approval ot thU vartoace in order to recognize the eYletfag 1.1 metrc aoulh alde yrrd widt6 provided by An additlon to Ih� e:Gtiog delached reaidentirl dwelling oo the aubject property. The Asai�taot Secretary•Trepsurer outlined comments reccived trom the Town ot Pickering Planntng Department and commenl� trom the Bulidiog Department. Mr. & Mra. Colwell, ownero, were present to represent t6e applicatfon. No furlher represeatation was present in tavour of or in objection to the appliceNon. Mr. Colwell advl�ed that he wa� pleaaed with the Planning Departmente recommendat(on. Mr. Cole advi�ecl ihe Commiftee that the addilion wa� built wlthout a building permit aod an "aa-built" survey revealed that the dwelling did not comply. DECISION: Moved by Mr. Ashe, seconded by Mr. White and carried unanimously that- this applicatlon P/CA 71/98, by R. & R. Colwell, aa outlined, bc APPROVED on the grounds t6at the 1.1 metre eouth side yard width variance ia minor 1n nature, desirable for the approprtate development ot the land, and in kceping wilh the general (ntent and purpose of fhe Otticial Plan and the Zoning Iiy-Isw, subject to Ihe follo�ving condltfon: 1. Thaf thi� variance apply only to the e:i�ting addiNoo lo the south atde of thc e:uting detached reafdential dwelling in c:t�tence an Ihe subject property on the date af iht� deci�ton, and aa generally outlined an the appllcanis' plans aubmitted with thi� applicAtion. 8. ADJOURNMENT MOTIOIY: Moved by Mr. While, scconded by Mr. Aahe and carried unanimously that- T6e 13th meeting ot ihe Committee of AdJu�tment be adjoumed at 7:45 p.m. and the nesf regular meeting of the Cammiltee of Adjuatment be hcld on Wednc�dey, October 21,1998. � C:k . al I c� DATE `�^�-���.�3 , 9ECRETARY-TREASURER (AGTING) L .�1' h - ' / �� 85