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HomeMy WebLinkAboutJanuary 16, 2002 MINUTES of the 1st meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, January 16,2002. 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 convened at 7:00 p.m. in the Main Committee Room of the Civic Complex. 1. APPOINTMENTS TO THE COMMITTEE OF ADJUSTMENT i) Motion: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously that Mr. Ashe be appointed as Chairperson for a one year term. MOTION CARRIED ii) Motion: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously that Mr. Young be appointed as Acting Chairperson for a one year term. MOTION CARRIED 2. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 3. ADOPTION OF MINUTES MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger and carried unanimously- That the minutes of the 16th meeting of the Committee of Adjustment held December 19, 2001, be adopted. MOTION CARRIED 1 4. (Deferredfrom December 19,2001 meeting) PICA 73/01 - E. & M. Anstey 540 Whitevale Road being, South Part of Lot 30, Concession 5 (Part 3, Plan 40R-2224) Hamlet of Whitevale City of Pickering The application was considered by the Committee on December 19, 2002, and DEFERRED for consideration to the January 16, 2002 meeting of the Committee of Adjustment. The applicant has since revised the initial application in an attempt to address concerns expressed by Planning & Development Staff and an abutting neighbour. The application, as amended, requests relief from Section 5.18(c) of Zoning By-law 3037, as amended by By-law 2677/88, to permit the construction of an addition to the existing detached garage resulting in a maximum garage height of 5.0 metres; whereas the by-law requires that no accessory building shall exceed a height of 3.5 metres in any residential zone. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department, the City's Development Control Supervisor and the City's Fire Inspector. Written comments were received from Mr. Martin Tracy of 546 Whitevale Road, in objection to the application. A petition signed by several area residents was received in support of the application in addition to written comments by the applicant. Also received were comments from Rick Johnson, Regional Councillor, Ward 3, in support of the application. Mrs. Anstey, owner, was present to represent the application. Also present were Gary and Madelon Fitzpatrick of Whitevale Road, Mr. John lYIacIntosh, builder, Mr. Dunlop of 550 Whitevale Road, and Ms. Ann Pike of 545 Whitevale Road, all in favour of the application. Mr. & Mrs. Tracy of 546 Whitevale Road, were present, both opposed to the application. Mrs. Anstey thanked Committee members and Staff for their time and consideration. She advised the Committee that they did revise their plans and did meet with Mr. & Mrs. Tracy to discuss the revised garage height. Mrs. Anstey informed the Committee that constructing the addition at the front of the existing garage, rather than building upward, would result in the garage being brought forward approximately 52 feet, and she believes that would be more imposing. Mr. Fitzpatrick offered some background information of the area and also indicated existing vegetation and structures in the area. He addressed issues of concern expressed by Mr. & Mrs. Tracy, which included obstruction of view and its overwhelming presence. Mr. MacIntosh, potential builder of the addition, made comments with respect to Mr. Tracy's concern of obstruction of view, and advised the Committee of trees planted by Mr. Tracy. Mr. Dunlop stated that he feels the addition would enhance the property value in the area. Anne Pike and Madelon Fitzpatrick both stated that they were in support of the application. Mr. Tracy stated that he did meet with the applicants. He submitted a photograph and reminded the Committee that he is the only resident directly affected by the addition. Mrs. Tracy stated that they have no issue with the applicants building within the requirements of the zoning by-law. They have no animosity towards their neighbours and are only opposing the application due to its overwhelming presence, and how it will obstruct the view from their patio. 2 MOTION AS AMENDED: Moved by Mr. Young, seconded by Mr. Mohr that- this application PICA 73/01, by E. & M. Anstey, as AMENDED, be APPROVED in view of the revised roof-line and that the revised 5.0 metre maximum garage height variance is minor in nature, 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 addition to the existing garage, as generally sited and outlined on the applicant's revised plans submitted with this application. 2. That this proposed structure maintain an accessory status to the principal residential use of the subject lands. 3. That the owners obtain a building permit and construct the proposed addition to the existing garage within two years of the date of this decision, or this decision shall become null and void. VOTE Mr. Ashe Ms. Billinger Mr. Mohr Mr. Newton Mr. Young in favour opposed opposed opposed in favour MOTION DEFEATED Mr. Young thanked the applicants for taking the appropriate route by coming before the Committee and stated how impressed he was with the applicants' willingness to compromise and by the support presented by surrounding neighbours. Mr. Ashe stated that he would be supporting the motion to approve. He thanked the two parties for taking the time to meet and was impressed by the efforts and presentation that Mr. & Mrs. Anstey have provided. Mr. Mohr stated that he will be voting against the motion and outlined reasons for not supporting the motion which included the following: . major impact on the abutting neighbour Planning & Development Departments recommendation applicants have not provided sufficient grounds for the variance . . Mr. Newton and Ms. Billinger both concurred with the comments made by Mr. Mohr and stated that they will be voting against the motion to approve the application. DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and carried that- this application PICA 73/01, by E. & M. Anstey, as AMENDED, be REFUSED on the grounds that the revised height of 5.0 metres for the proposed detached garage, with workshop, on the subject property is a variance that is major in nature, not desirable development for the subject property and not in keeping with the general intent and purpose of the Zoning By-law. 3 - - VOTE Mr. Ashe Ms. Billinger Mr. Mohr Mr. Newton Mr. Young opposed in favour in favour in favour opposed MOTION CARRIED 5. ADJOURNMENT MOTION: Moved by Mr. Young, seconded by Ms. Billinger and carried unanimously that- The 1st 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, February 6, 2002. MOTION CARRIED .~- Co \}d DATE C \ - ~\ - , ~;, -~Ct:e~ SECRETARY-TREASURER 4