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HomeMy WebLinkAboutFebruary 6, 2002 MINUTES of the 2nd meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, February 6, 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 7:10 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 1st meeting of the Committee of Adjustment held January 16, 2002, be adopted. MOTION CARRIED 3. PICA 55/01 - Ontario Conference of the Seventh-Day Adventist Church 1741 Fairport Road being, Lot 126, Plan 1051 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: Section 6.2 to permit the establishment of a minimum lot area of 0.49 of a hectare to be provided by the subject property, whereas the by-law requires a minimum lot area of 0.5 of a hectare for an institutional (place of worship) use; Section 5.21.2(b) to permit a minimum south side yard parking width of 0.0 of a metre on the subject property, whereas the by-law requires that all side yard parking to be located a minimum of 7.5 metres from the side lot line on one side and 1.5 metres on the other side; 5 Section 5.15 to permit the establishment of a minimum 3.0 metre north side yard width to be provided by the proposed building on the subject property, whereas the by-law requires minimum side yard widths of 7.5 metres. The applicant requests approval of these variances in order to obtain site plan approval and a building permit to construct a building, approximately 1604 square metres in size, to support an institutional (place of worship) use on the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department and from the City's Development Control Supervisor expressing no concerns. Written comments were also received from Mr. Karkas, owner of 1745 Fairport Road, Ms. Vivian Vandenhazel of 1757 Fairport Road, Mr. & Mrs. Thornton of 1750 Fairport Road, and Mr. & Mrs. Gibson of 1748 Fairport Road, all opposed to the application. Written comments were also received from Canadian National Railway requesting the variances be refused. Ms. Doris Cheung, agent, was present to represent the application. Also present were Mr. George Ivkov, Pastor, Mr. B. Chan, Director of the Ontario Conference Church, Mr. Anthony Campbell and Mr. Daniel Mullings, all in favour of the application. Mr. Chris Karkas and Ms. Gayle Clow were present in objection to the application. Ms. Cheung provided illustrations of the site including elevations and a model of the proposed church. She advised area residents of the maximum height of the church and that a total of 100 parking spaces will be provided on the site. Mr. Ivkov, Mr. Campbell, Mr. Mullings, and Mr. Chan all expressed support for the variances adding that that the church would enhance the community, would provide a positive community service which would encourage people of all ages to visit and access the facilities, and provide youth involvement with services such as a gym, and computer rooms. After discussion with the architect, Mr. Karkas was satisfied that the proposed church would be a positive development of the lands and requested that his initial objections be formally withdrawn. Ms. Clow, a member of the Fairport Road Action Committee, asked for clarification as to the posting of the notification sign. She stated that she was satisfied that there would be an adequate number of parking spaces and no longer has objections to the proposed development. Mr. Pym clarified for the members that Planning Staff requested an amendment of 0.5 of a metre to the south side yard parking width, to which the applicant concurred. DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and carried unanimously that- this application PICA 55/01, by Ontario Conference of the Seventh-Day Adventist Church, be APPROVED on the grounds that the proposed establishment of a minimum lot area of 0.49 of a hectare to be provided by the subject property, a minimum south side yard parking width of 0.5 of a metre, and proposed establishment of a minimum 3.0 metre north side yard width to be provided by the proposed building on 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 the applicant obtain final site plan approval for the proposed development within one year of the date of this decision or the approval of these variances shall become null and void. 2. That the applicant submit grading plans for approval that addresses the grade or the parking area as it relates to the grade of the existing property to ensure that a 0.5 of a metre off-set is feasible and that it can constructed without adversely affecting the adjacent property. MOTION CARRIED 6 4. PICA 01/02 - Veronica Vernon on behalf of Audley Neville James Trustee 550 Kingston Road being, Block 54 and 58, Plan 40M-1480 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 2599/87: Section 2.16.2 to permit the interpretation of a "Day Nursery" to also mean "a facility for the daytime care of adults" on the subject property in conjunction with a place of worship, whereas the by-law defines "Day Nursery" as lands and premises duly licensed pursuant to The Day Nurseries Act, or any successor thereto, for use as a facility for the "daytime care of children"; Section 8.(2)f)a) to permit the maintenance of a 2.0 metre parking area setback along the south and east property lines, whereas the by-law requires that all parking areas shall be setback a minimum distance of 3.0 metres from all lot lines. The applicant requests approval of these variances in order to provide a facility for the daytime care of adults on the subject property in conjunction with a place of worship. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department and from the City's Development Control Supervisor expressing no concerns. Mr. Keith Vernon, Deacon for the Church and Ms. Veronica Vernon, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Vernon stated that he is in support of the application. He feels that there is a need for this type of facility and that it would be a positive service for the community. Ms. Vernon stated that they wish to provide daytime care for adults which include individuals suffering from the early stages of Alzheimer's disease and accident victims. This would include a kitchen facility and restrooms. DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously that- this application PICA 1/02, by Veronica Vernon on behalf of Audley Neville James Trustee be APPROVED on the grounds that the proposed variances to permit the daytime care of adults under the "Day Nursery" definition on the subject property, and the reduced parking area setbacks from the south and east property lines are minor variances that are desirable for the appropriate development of the land, in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and conforms with the uses permitted in the by-law. MOTION CARRIED 5. PICA 2/02 - T. & S. Baird 853 Vicki Drive being, Lot 42, Plan M-20 City of Pickering The applicants request relief from the following provisions of Zoning By-law 2520, as amended: 7 Section 8.2.3 to permit the establishment of a minimum 5.3 metre front yard depth to be provided by the proposed covered porch on the subject property, whereas the by-law requires a minimum 7.5 metre front yard depth; Section 6.5(c) to permit the establishment of a minimum 4.7 metre flankage side yard width to be provided by the proposed addition, and a minimum 3.6 metre flankage side yard width to be provided by the proposed garage addition, and the continuance of a minimum 4.7 metre flankage side yard width provided by the existing dwelling on the subject property, whereas the by-law requires a minimum 7.5 metre flankage side yard width where a main building is erected upon a corner lot with its main front entrance facing the flank of such lot; Section 5.19(A) to permit the continuance of the existing shed to be located in the side yard of the subject property, whereas the by-law requires that all accessory structures which are not part of the main building shall be erected in the rear yard. The applicants request approval of these variances in order to obtain a building permit to construct a garage addition, approximately 4.2 metres by 6.6 metres in size, a proposed addition, approximately 6.7 square metres in size, and a covered porch on the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department and from the City's Development Control Supervisor expressing no concerns. Mrs. Susan Baird, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mrs. Baird stated that the garage addition would only extend 1.1 metres beyond the front wall of the existing dwelling. She advised the members of the location of the existing shed, the location of existing windows on the dwelling, and provided photographs of a similar extension to a home in the area. Discussion took place between Committee members and Mr. Pym regarding the existing driveway and sufficient vehicle parking. Mr. Mohr stated that there is already an existing flankage situation created by the existing dwelling, and believes approving the 3.6 metre setback would not exacerbate the situation. DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously that- this application PICA 2/02, by T. & S. Baird be APPROVED on the grounds that the proposed reduced front yard depth to be provided by the proposed covered porch, reduced flankage side yard width provided by the proposed house addition, and proposed attached garage addition, proposed continuance of a reduced flankage side yard width provided by the existing dwelling, and the location of the accessory structure 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 condition: 1. That the applicant obtain a building permit and construct the proposed additions and covered porch within two years of the date of this decision, or this decision shall become null and void. MOTION CARRIED 6. PICA 3/02 - H. Coons & L. Hardie 339 Fiddlers Court being, Part Lot 19, Plan 228, 40R-16880, Part 2, 40M-1653 Part Block 15, 40R-17312, Part 2 City of Pickering 8 The applicants request relief from the following provisions of Zoning By-law 3036, as amended by By-law 2912/88: Section 5.18(a) to permit a detached garage to be located in the front yard of the subject property, whereas the by-law requires that all accessory buildings which are not part of the main building shall be erected in the rear yard; Section 5.18(b)(A) to permit the establishment of a minimum 0.6 of a metre south side yard width and west yard depth to be provided by the proposed garage on the subject property, whereas the by-law requires that all accessory structures greater than 10 square metres in area shall be setback a minimum of 1.0 metres from all lot lines; Section 5.18(c) to permit a maximum garage height of 4.6 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; Section 9.2.3 to permit the continuance of a minimum 2.3 metre north side yard width provided by the existing dwelling on the subject property, whereas the by-law requires a minimum side yard of 1.8 metres on one side and 3.0 metres on the other side. The applicants request approval of these variances in order to obtain a building permit to construct a detached garage, approximately 10 metres by 7.9 metres in size, and to recognize a reduced side yard width provided by the existing dwelling on the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department, and from the City's Development Control Supervisor requesting conditions be imposed. Written comments and photographs were received from Mrs. Kelly Killick of 337 Fiddlers Court, opposed to the application. Mr. Bill Coons and Mrs. L. Hardie, owners, were present to represent the application. Mrs. Kelly Killick was present in objection to the application. Mr. Coons and Mrs. Hardie submitted photographs and outlined the following reasons for the requested variances: . visual impact of the proposed garage would not be intrusive due to the lower grade from street level; . the southern parcel of land is currently vacant; . roof pitch was designed to match the existing home and solely for aesthetic reasons; . the proposed garage would be approximately 20 to 30 feet behind the Killick's home, therefore, minimal impact on their neighbour; Mrs. Killick stated that she is the only neighbour directly affected by the variances. She provided pictures and outlined the following reasons for her objection to the application: . the applicants failed to meet grading and drainage requirements after construction of the existing dwelling; . the proposed location of the garage and additional height will affect the enjoyment of her property; . construction may be detrimental to the existing trees; . the reduced side yard variance will not allow proper access for maintenance purposes; . she feels the variance is premature and requested that the grading and drainage issues be addressed before a decision is made, including providing additional elevation drawings. MOTION: Moved by Mr. Newton, that the application be tabled to give the Committee members an opportunity to view the properties. No seconder, Motion defeated. 9 There was discussion between members regarding the grading and drainage. Mr. Pym advised the Committee that a building permit is issued with the understanding that the applicant will address and fulfill all requirements. He assured the Committee that there will be no building permit issued prior to the applicants satisfying the City with respect to grading and drainage concerns. DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried that- this application PICA 3/02, H. Coons & L. Hardie be APPROVED on the grounds that the proposed front yard location for the accessory structure, and proposed continuance of a minimum 2.3 metre north side yard width provided by the existing dwelling on 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: (ii) VOTE 1. That these variances apply only to the proposed detached garage, approximately 10 metres by 7.9 metres in size, as generally sited and outlined on the applicants' submitted plans with this application. 2. That the existing 2.3 metre side yard width variance apply only to the existing dwelling on the subject property on the date of this decision. 3. That lot grading and other engineering drawings be prepared by a qualified engineer in accordance with City standard and to the satisfaction of the City of Pickering prior to the issuance of a building permit. 4. That the owner complete all outstanding requirements of the City of Pickering from the construction of the existing dwelling prior to the issuance of a building permit for the detached garage. 5. 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. that the proposed variances for the establishment of a minimum 0.6 of a metre south side yard width and west yard depth to be provided by the proposed detached garage and the maximum 4.6 metre garage height be REFUSED on the grounds that these variances are major in nature, undesirable for the appropriate development of the land and not in keeping with the general intent and purpose of the Zoning By-law. Ms. Billinger Mr. Mohr Mr. Newton Mr. Young in favour in favour opposed in favour MOTION CARRIED 7. PICA 4/02 - Bopa Developments Inc. South side of Finch Avenue, west of Altona Road being, Part of Lot 1, Plan 388, 40R-19821, Part 1 (Proposed Lots 3,4,5 and 6, of Draft Plan of Subdivision 18T -98018) City of Pickering The applicant requests relief from Section 6.1 of Zoning By-law 3036, as amended by By-law 5830/01 to permit a maximum of 8 model homes to be developed on the subject lands prior to registration of the Plan of Subdivision, whereas the by-law permits a maximum of 6 model homes, prior to registration of a Plan of Subdivision. 10 The applicant requests approval of this variance in order to obtain building permits for the construction of 8 model homes on the subject lands prior to registration of the Plan of Subdivision. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department, and from the City's Development Control Supervisor expressing no concerns. Mr. Vijay Gupta, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Gupta advised the Committee that their intent is to provide potential purchasers an opportunity to view each one of their models. DECISION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously that- this application PICA 4/02, by Bopa Developments Inc., be APPROVED on the grounds that the proposed construction of a maximum of 8 model homes to be developed on the subject lands prior to registration of the Plan of Subdivision 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 8 model homes as generally sited and outlined on the applicants' submitted plans with this application. 2. That the applicant obtain building permits and construct the proposed model homes within two years of the date of this decision, or this decision shall become null and void. MOTION CARRIED 8. PICA 05/02 - Sandra M. Carter Willoughby 1246 Waterpoint Street being Lot 43, Plan M-90 City of Pickering The applicant requests relief from the following provisions of zoning By-law 2511, as amended by By-law 4139/92: Section 5.6 to permit the continuance of a lot, which does not front on an opened public street maintained at public expense, whereas the by-law states that no person shall erect or use any building on a lot which does not front on an opened public street maintained at public expense; Section 5.19(b)(A) to permit the continuance of a minimum 0.1 of a metre east side yard width, a minimum 0.6 of a metre west side yard width, and minimum 0.1 of a metre rear yard depth provided by the existing garage on the subject property, whereas the by-law requires accessory structures greater than 10 square metres in area shall be setback a minimum of 1 metre from all lot lines; The applicant requests approval of these variances in order to obtain a building permit for the replacement of an accessory building, being a garage, approximately 5.8 metres by 6.4 metres in size, on the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department, the City's Development Control Supervisor, the Toronto and Region Conservation Authority, and from the Durham Region Health Department, all expressing no objections. Letters of support were received from the owner of 1244 Waterpoint Street, and from Mr. Lee Gray of 1248 Waterpoint Street. 11 Mr. Craig Willoughby, owner, was present to represent the application and Mr. Lee Gray was present in favour of the application. Mr. Willoughby advised the members that he has replaced the existing structure with a structure that is aesthetically pleasing. He feels the newly built structure is a significant improvement and has minimal impact on the abutting property owner. DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously that- this application PICA 5/02, by Sandra M. Carter Willoughby, be APPROVED on the grounds that the proposed continuance of a lot which does not front on an opened public street maintained at public expense, proposed establishment of a 0.1 of a metre east side yard width, minimum 0.6 of a metre west side yard width, and minimum 0.1 of a metre rear yard depth provided by the detached garage to be 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. The proposed variances apply only to the existing detached garage located in the rear yard, and to recognize that the subject lot does not front on an opened public street. 2. That the applicant obtain a building permit within two years of this decision, or this decision shall be come null and void. MOTION CARRIED 9. ADJOURNMENT MOTION: Moved by Ms. Billinger, seconded by Mr. Mohr and carried unanimously that- The 2nd meeting of the Committee of Adjustment be adjourned at 8:55 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, February 27,2002. MOTION CARRIED ~..J)l OJ DATE - ..--. ~Gh~~ SECRETARY-TREASURER 12