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HomeMy WebLinkAboutFebruary 27, 2002 Pending Adoption MINUTES of the 3rd meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, February 27,2002. PRESENT: Mr. K. Ashe (Chairperson) Ms. M. Billinger Mr. T. Mohr Mr. E. Newton Mr. C. Young ALSO PRESENT: Mr. R. Pym, Assistant Secretary-Treasurer Mrs. F. Niro, Secretary-Treasurer The meeting conyened at 7:03 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 Mr. Mohr, seconded by Mr. Newton and carried unanimously- That the minutes of the 2nd meeting of the Committee of Adjustment held February 6, 2002, be adopted. MOTION CARRIED 3. ADOPTION OF COMMITTEE OF ADJUSTMENT AGENDA MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously- That Agenda Item #4, PICA 7/02, by V. & K. Probert be moved to be the final application on the agenda. MOTION CARRIED 13 4. PICA 6/02 - Rule Estate Inc. 1310 Altona Road being, Part of Lot 33, Range 3, B.F.c. (40R-1O160, Part 1) City of Pickering The applicant requests the Committee allow the extension of a legal non-conforming property that contains two detached dwellings by permitting additions onto the southern dwelling unit. The applicant requests approval of this extension of a legal non-conforming property in order to obtain a building permit for proposed second-storey additions, totaling approximately 155 square metres in area, to the existing dwelling located on the south side of the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department and from the Durham Region Health Department. Written comments were received from the City's Fire Prevention Officer expressing no concerns, and from the City's Development Control Supervisor, imposing a condition. Mr. James Ruehle, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Ruehle informed the Committee that he proposes to connect to municipal sewers. Mr. Pym stated that the applicant will be required to fulfill the requirements of the Durham Region Health Department prior to the issuance of a building permit. DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously that- this application PICA 6/02, by Rule Estate Inc., be APPROVED on the grounds that the proposed extension of legal non-conforming status on the subject property is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan, subject to the following conditions: 1. That these variances apply only to the proposed additions on the west, east and south sides of the existing southern dwelling, which total approximately 155 square metres, as generally sited and outlined on the applicants' submitted plans with this application. 2. That the applicant obtain a building permit and construct the proposed additions within two years of the date of this decision, or this decision shall become null and void. 3. That the applicant remove all debris at the south limit of Altona Road prior to issuance of a building permit. MOTION CARRIED 5. PICA 8/02 - R. & A. Agraso 1396 Rougemount Drive being, Part of Lot 19, Plan 228 (40R-16880, Part 1) City of Pickering 14 The applicants request relief from Section 9.3.3.6(iii) of Zoning By-law 3036, as amended by By-law 2912/88 to permit the establishment of an attached two-car garage to project a maximum of 10.2 metres beyond the front wall of the existing dwelling on the subject property, whereas the by-law requires that no part of any attached private garage shall extend more than 2 metres beyond the front wall of the dwelling to which it is attached. The applicants request approval of this variance in order to obtain a building permit for the construction of a second-storey addition to the existing dwelling, and to convert the existing indoor pool into an attached two-car garage on the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Fire Prevention Officer indicating no concerns with respect to this application, and from the City's Development Control Supervisor expressing no concerns providing the driveway entrance remains at its present location. Mr. & Mrs. Agraso, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Mrs. Agraso submitted an elevation drawing displaying the proposed addition and garage conversion. Ms. Billinger verified with the applicant the comments expressed by the City's Development Control Supervisor that the driveway entrance remain at its present location. DECISION: Moved by Mr. Young, seconded by Mr. Newton and carried unanimously that- this application PICA 8/02, by R. & A. Agraso, be APPROVED on the grounds that the proposed 10.2 metre maximum garage projection variance 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 the proposed 10.2 metre extension variance apply only to the proposed garage on the subject property on the date of this decision. 2. That the applicant obtain a building permit and construct the proposed second-storey addition and garage conversion within two years of the date of this decision, or the approval of the proposed variance shall become null and void. MOTION CARRIED 6. PICA 9/02 -J. Parker & R. Kozak 5465 Hoxton Street being, North Part of Lot 18, Concession 9 (Hamlet of Claremont) City of Pickering The applicants request relief from Section 5.18(a) of Zoning By-law 3037, as amended, to permit a proposed detached, three-car garage to be located in the front yard of the subject property, whereas the zoning by-law requires all accessory structures to be located entirely within the rear yard. The applicants request approval of this variance in order to obtain a building permit to construct a proposed detached, three-car garage, approximately 104 square metres in size, within the front yard of the subject property. 15 The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department and from the Durham Region Health Department indicating no objections. Written comments were received from the City's Fire Prevention Officer, and the City's Development Control Supervisor, both indicating no concerns, and from Ward 3 - Regional Councillor Rick Johnson, in support of the application. Mr. Ron Kozak, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Kozak stated that there is a minor change in the location of the entrance garage doors. He verified the height of the proposed garage and informed the members that the garage will not be used as additional living space. DECISION: Moved by Mr. Young, seconded by Ms. Billinger and carried unanimously that- this application PICA 9/02 by J. Parker & R. Kozak, be APPROVED on the grounds that the proposed location of the detached three-car garage located in the front yard of the subject property is a minor variance which 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 three-car garage, approximately 104 square metres in size, as generally illustrated and sited on the plans circulated with this application. 2. That the applicant obtain a building permit and construct the proposed detached garage within two years of the date of this decision, or the approval of this variance shall become null and void. MOTION CARRIED 7. PICA 10/02 - David K. Wilson 5045 Sideline 16 being, Part of Lot 16, Plan 424 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 3992/92: Section 5.(b )(ix)A to temporarily permit two dwellings to occupy the same lot at one time, whereas the by-law permits a maximum of one dwelling unit per lot at one time; Section 5.18A to permit an accessory structure to be partially located in the side yard of the subject property, whereas the by-law requires all accessory structures to be located in the rear yard. The applicant requests approval of these variances in order to obtain a building permit for the construction of a proposed one-storey dwelling with attached garage on the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department and from the Durham Region Health Department indicating no objections. Written comments were received from the City's Fire Prevention Officer indicating no concerns, from the City's Development Control Supervisor imposing certain conditions, and from Ward 3 - Regional Councillor Rick Johnson, in support of the application. 16 Mr. Wayne Parson, agent, was present to represent the application. Also present were Mr. Steve Heck of 5025 Sideline 16, Mrs. S. Hutton & Mr. John McCarthy of 5035 Sideline 16, and Mr. & Mrs. Albert of 1910 Ninth Concession Road, all in favour of the application. Mr. Parson outlined reasons for the requested variance. Mr. Hick, Mrs. Hutton, Mr. John McCarthy, and Mr. & Mrs. Albert all expressed their support of the application. DECISION: Moved by Mr. Young, seconded by Mr. Mohr and carried unanimously that- this application PICA 10/02 by David K. Wilson, be APPROVED on the grounds that the proposed variances to temporarily permit two dwellings to occupy the same lot at one time, and to permit an accessory structure to be partially located in the side yard of the subject property 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, subject to the following conditions: 1. That these variances apply only to the existing accessory structure located partially within the south side yard and to temporarily permit two dwelling units, as generally sited and outlined on the applicant's plans submitted with this application. 2. That the applicant obtain a building permit and construct the proposed one-storey dwelling within two years of the date of this decision, or this decision shall become null and void. 3. That prior to the issuance of a building permit, the property owner provide the City an undertaking andlor enter into an agreement with the City, if deemed appropriate, that may include the posting of securities for the removal of the original dwelling unit. 4. That the applicant provide to the City appropriate driveway, grading and drainage plans to the City's satisfaction prior to the issuance of a building permit. MOTION CARRIED 8. PICA 7102 - V. & K. Probert 400 Third Concession Road being, South Part of Lot 31, Concession 3 (40R-2115, Part 1) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 2675/88: Section 5(1)(b)(iii) to permit the continuance of a minimum 3.7 metre front yard depth provided by the existing dwelling on the subject property, whereas the by-law requires a minimum front yard depth of 9.0 metres; Section 5.18(a) to permit a detached garage to be located in the side yard of the subject property, whereas the by-law requires all accessory structures to be located in the rear yard; Section 5.18(c) to permit a maximum garage height of 5.2 metres to be provided by the proposed detached garage on the subject property, whereas the by-law states that no accessory building shall exceed a height of 3.5 metres in any residential zone. 17 The applicants request approval of these variances in order to obtain a building permit for a proposed detached garage, approximately 8 metres by 12 metres in size, to be located in the side yard of the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department and from the Durham Region Health Department indicating no objections. Written comments were received from the City's Fire Prevention Officer indicating concerns, from the City's Development Control Supervisor, imposing conditions, and from Ward 3 - Regional Councillor Rick Johnson, in support of the application. Written comments were received from the Toronto and Region Conservation Authority requesting a revised site plan from the applicant indicating an alternate garage location. Mr. Vince Probert, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Probert stated that a creek runs directly behind the garage. He is aware of the 10 metre setback requirement required by the Toronto and Region Conservation Authority and will meet with them to discuss the setback. Mr. Ashe confirmed with Mr. Pym that condition #4 of Planning & Development Department's recommendation will address all concerns expressed by the Toronto and Region Conservation Authority. Mr. Mohr inquired as to the requirements of the City's Fire Prevention Officer. DECISION: Moved by Mr. Mohr, seconded by Mr. Young and carried unanimously that- this application PICA 7/02, by V. & K. Probert, be APPROVED on the grounds that the proposed continuance of a minimum 3.7 metre front yard depth provided by the existing dwelling, a maximum garage height of 5.2 metres and the proposed detached garage to be located in the side yard 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, subject to the following conditions: 1. That these variances apply only to the existing dwelling setback and proposed detached garage, approximately 8 metres by 12 metres in size, 4.3 metre front elevation height and 5.2 metre rear elevation height, as generally sited and outlined on the applicants' submitted plans with this application. 2. That the applicant provides evidence to the satisfaction of the City's Fire Prevention Officer that the additional floor space over the garage will not be used as additional living space. 3. That the applicant obtain a building permit and construct the proposed detached garage within two years of the date of this decision, or this decision shall become null and void. 4. That the applicant provide the City of Pickering prior to the issuance of a building permit with approval from appropriate authorities, with regard to conditions andlor setback requirements from adjacent watercourse. 5. That the applicant provide to the City of Pickering, prior to the issuance of a building permit, grading, drainage, sedimentation and erosion control plans, all to the City's satisfaction. MOTION CARRIED 18 9. ADJOURNMENT MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously that- The 3rd meeting of the Committee of Adjustment be adjourned at 7:45 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, March 20, 2002. MOTION CARRIED ~'~'f'Q \Í /) c':) I \j ~ DATE 1 ~J rlLø. SECRETARY-TREASURER 19