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HomeMy WebLinkAboutApril 10, 2002 MINUTES of the 5th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, April 10, 2002. PRESENT: Mr. C. Young (Acting Chairperson) Ms. M. Billinger Mr. T. Mohr Mr. E. Newton ALSO PRESENT: Mr. R. Pym, Assistant Secretary-Treasurer Mrs. F. Niro, Secretary-Treasurer ABSENT: Mr. K. Ashe The meeting convened at 7:05 p.m. in the Main Committee Room of the Civic Complex. 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 2. ADOPTION OF MINUTES MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously- That the minutes of the 4th meeting of the Committee of Adjustment held March 20, 2002, be adopted, as amended. MOTION CARRIED 3. PICA 13/02 - A. & R. Roesner 1647 Autumn Crescent being, Part Lot 60, Plan 40M-1810 (Part 2, Plan 40R-17234) City of Pickering The applicants requests relief from the following provisions of amending Zoning By-law 4508/94 to Zoning By-law 3036, in order to obtain a building permit for a proposed sun room addition attached to the rear of the existing dwelling on the subject property: Section 5.(3)(b ) (vi) to permit the establishment of a minimum 5.2 metre rear yard depth, whereas the by-law requires a minimum rear yard depth of 7.5 metres; 24 Section 5.(3)(b)(vii)B to permit a maximum lot coverage of 47%, whereas the by-law permits a maximum lot coverage of 40%; Section 5.(3)(b ) (iv)B (III) to permit the establishment of a minimum 1.0 metre east side yard width, whereas the by-law requires a minimum interior side yard width of 1.2 metres. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Comments were received from the City's Fire Prevention Officer expressing no concerns, and from the City's Development Control Supervisor requesting a condition be imposed. Written comments were also received from Canadian National Railway, and a comment from Ward 3 - Regional Councillor Rick Johnson, in support of the application. Mr. Vernon Gunness, agent, was present to represent the application. Also present was Ms. Theresa Harding of 1645 Autumn Crescent, in objection to the application. Mr. Gunness stated that he had no concerns with Staff's recommendation. Ms. Harding approached the Committee with a drawing illustrating her concerns of potential for lost sunlight and lack of privacy from the proposed sun room addition. Ms. Harding submitted drawings of the sunroom addition, which was previously applied for by the applicants last year. Mr. Gunness submitted elevation drawings of the proposed sun room addition indicating the location of the windows and photographs of the existing dwelling and rear deck. Mr. Pym offered a brief history of the similar variance application on the subject property, which was considered and approved by the Committee last year. Discussion between the Committee members followed. MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously that- this application PICA 13/02, by A. & R. Roesner, be DEFERRED until the next Committee of Adjustment meeting on May 1, 2002, in order to give the Committee members an opportunity to visit the site and possibly give the two interested parties a chance to meet and discuss a compromise. MOTION CARRIED 4. PICA 14/02 - JMPM Holdings Ltd. 1050 Brock Road being, South Part of Lot 19, Concession 1 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 2511, as amended by By-law 2760/88, in order to recognize the existing situations provided by the existing commercial building on the subject property: Section 5(2)(a) to permit the continuance of a minimum 13.2 metre west rear yard setback, and minimum 16.1 metre south side yard setback from Plummer Street, whereas the by-law requires a minimum west rear yard setback of 13.3 metres, and a minimum south yard setback from Plummer Street of 16.3 metres. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Fire Prevention Officer and from the City's Development Control Supervisor, both expressing no concerns. 25 Mr. Andy Zrnec, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Zrnec informed the Committee that a legal survey was required for mortgage purposes, which ultimately revealed the situations of non-compliance with the zoning by-law. DECISION: Moved by Mr. Mohr, seconded by Mr. Newton and carried unanimously that- this application PICA 14/02, by JMPM Holdings Ltd., be APPROVED on the grounds that the proposed continuance of a minimum 13.2 metre west rear yard setback, and minimum 16.1 metre south side yard setback from Plummer Street provided by the existing building 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. MOTION CARRIED 5. PICA 15/02 - Bopa Developments Inc. South side of Finch Avenue, west of Altona Road being, Part of Lot 1, Plan 388, 40R-19821, Part 1 (Proposed Unit 17R of Draft Plan of Subdivision 18T -98018) City of Pickering The applicant requests relief from the following provision of Zoning By-law 3036, as amended by By-law 5830/01, in order to obtain a building permit for a proposed semi-detached dwelling on the subject property: Section 5.1.(b).v to permit the establishment of a minimum 2.3 metre flankage side yard width, whereas the by-law requires a minimum flank age side yard width of 2.7 metres. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Fire Prevention Officer and from the City's Development Control Supervisor, both expressing no concerns. Written comments were received from Ward 3 - Regional Councillor Rick Johnson in support of the application. Mr. E. Gupta, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Gupta submitted an elevation drawing of the proposed dwelling and summarized the reason for the variance being the irregular shaped lot. DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and carried unanimously that- this application PICA 15/02, by Bopa Developments Inc., be APPROVED on the grounds that the proposed establishment of a minimum 2.3 metre flankage side yard width to be provided to the proposed semi-detached dwelling 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 proposed semi-detached dwelling, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain a building permit and construct the proposed semi-detached dwelling within two years of the date of this decision, or this decision shall become null and void. MOTION CARRIED 26 . 6. ADJOURNMENT MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously that- The 5th meeting of the Committee of Adjustment be adjourned at 7:50 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, May 1, 2002. MOTION CARRIED DAT!Y'4( , : \ì~ .. ------~ -¡~1Lt:J SECRETARY-TREASURER 27