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HomeMy WebLinkAboutOctober 16, 2002 MINUTES of the 14th meeting of the Committee of Adjustment held in the Council Chambers of the Pickering Civic Complex on Wednesday, October 16, 2002. PRESENT: Mr. K. Ashe (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.C.Young The meeting convened at 7:03 p.m. in the Council Chambers 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 Ms. Billinger and carried unanimously- That the minutes of the 13th meeting of the Committee of Adjustment held September 25, 2002, be adopted. MOTION CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously- That the agenda for the October 16, 2002 meeting be adopted, as amended. MOTION CARRIED 79 4. PICA 61/02 - R. & C. Martell 1279 Haller Avenue West Part of Lot 1279, Plan M-16 City of Pickering The applicant requests relief from Section 5.8(b) of Zoning By-law 2520, as amended, in order to permit the continuance of a recently constructed deck to project a maximum of 2.6 metres, resulting in a minimum front yard depth of 5.0 metres, whereas the by-law permits uncovered platforms and decks not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into a required front yard depth of 7.5 metres. 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, expressing no concerns, and from Teri Pereira of 1286 Haller Avenue, indicating support of the application. Mr. Martell, owner, was present to represent the application. Also present was Mr. Brian Everly representing Ms. Scheutjens of 1287 Haller Avenue, Ms. Jacqueline Smart of 829 Fairview Avenue and a resident of 1285 Haller Avenue, all in support of the application. Mr. Gary Duncan of 1281 Haller Avenue was present in objection to the application. Mr. Everly and Ms. Smart outlined reasons for supporting the application which included the deck being a property improvement; good detail in construction; and the deck posing no hazards. Mr. Duncan stated that he was opposed to the application and voiced concerns of the deck housing a variety of animal life which may pose a danger to his children. DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously that- Application PICA 61/02 by R. & C. Martell, as outlined be APPROVED on the grounds that the proposed continuance of a deck to project a maximum of 2.6 metres, resulting in a minimum front yard depth of 5.0 metres 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 condition: 1. That this variance apply only to the existing deck as generally sited and outlined on the applicants' submitted plans with this application. 80 5. PICA 62/02 - Fred Campitelli, Trustee Northeast corner of Valley Farm Road and Pickering Parkway Part Lot 20, Concession 1, (40R-19954, Part 2, 4) City of Pickering The applicant requests relief from Section 5.6 of Zoning By-law 3036 as amended by By-law 5416/98, in order to permit the development of 93 townhouse dwelling units on the subject property. The proposed development is comprised of freehold townhouse lots that will front onto a private condominium road which is not an open public street maintained at public expense, whereas the by-law states that no person shall erect or use any building or structure on a lot which does not front on an opened public street maintained at public expense. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the Development Control Supervisor indicating no concerns. Ms. Leona Savoie, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously that- Application PICA 62/02 by Fred Campitelli, Trustee, as outlined be APPROVED on the grounds that the proposed establishment of lots which do not front on an opened public street maintained at public expense 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 development as sited and outlined on the applicant's submitted plans with this application. 2. That the applicant register the plan of condominium for the establishment of the private road within two years of the date of this decision, or this decision shall become null and void. 6. PICA 65/02 - S. & V. Cuk 921 Liverpool Road Lot 294, Plan M-14 City of Pickering 81 The applicant requests relief from Section 7.2.3 of Zoning By-law 2520, as amended, in order to obtain a building permit for a proposed garage addition, approximately 7.0 metres by 4.4 metres in size, on the subject property, and to recognize the reduced front yard setback to the existing dwelling, whereas the by-law requires minimum rear yard and front yard depths of 7.5 metres. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the Development Control Supervisor indicating no objection. Mr. & Mrs. Cuk, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and carried that- Application PICA 65/02 by S. & V. Cuk, as outlined be APPROVED on the grounds that the proposed establishment of a minimum 3 metre rear yard depth to be provided by the proposed garage addition and the continuance of a minimum 6.2 metre front yard depth provided by the existing dwelling 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 proposed garage addition, approximately 7.0 metres by 4.4 metres in size, 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 addition within two years of the date of this decision, or this decision shall become null and void. 7. PICA 63/02 - Discovery Place Ltd. (South side of Kingston Road, west of Valley Farm Road) Part Lot 21, Concession 1 City of Pickering The applicant requests relief from Section 5(1)(b)(v) of Zoning By-law 3036, as amended by By-law 2349/87 to permit the establishment of a total of 1149 dwelling units over all the lands zoned "RHII" (220 dwelling units in the proposed apartment building), whereas the by-law permits a maximum of 1137 dwelling units within all the lands zoned "RHII" (208 dwelling units permitted in the proposed apartment building). 82 Section 5(1)(b)(vi)B of Zoning By-law 3036, as amended by By-law 2349/87, and further varied by PICA 42/95 to reduce the minimum parking requirements to 1.1 parking spaces to be provided per dwelling unit for residential parking and a minimum of 0.2 parking spaces to be provided per dwelling unit for visitor parking, whereas the by-law requires a minimum of 1.3 parking spaces to be provided per dwelling unit for residence parking, and a minimum of 0.2 parking spaces to be provided per dwelling unit for visitor parking. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the Development Control Supervisor indicating no objections and from Rick Johnson, Regional Ward 3 Councillor, indicating that he does not support the reduction in parking variance. Mr. Elio Zoffranieri, agent, and Mr. Michel Labbe, were present to represent the application. Also present were Mr. David McConvey, Mr. Mosuy, and Mr. Dutley, all residents of 1000 The Esplanade (Millennium Tower), Ms. June Kay, Mr. Ray Parker, Mr. David Chipperfield, Mr. Hills, Ms. Shirley Grenis, and Ms. Linda Reid, all residents of 1400 The Esplanade (Casitas). Mr. Zoffranieri stated that he concurred with Planning Staff's recommendation. Ms. Kay made comment with respect to the large turnout and thanked area residents for taking the time to attend the meeting. She stated that the proposed unit count does meet the high density requirements of the zoning by-law and is confident that the 1.1 parking ratio for resident parking will be adhered to. She is looking forward to having the site completed and also including representatives from Options For Homes in future discussions. Ms. Kay inquired as to whether there is a by-law that regulates the number of occupants permitted in a unit. Mr. Pym responded that there is no municipal by-law that restricts the number of occupants in a single unit. Mr. McConvey inquired as to how Planning Staff determine that the parking ratio is appropriate. Mr. Pym responded that Planning Staff review parking and a parking and traffic consultant study is performed. The study indicated that the proposed parking will meet the needs and Planning Staff concurred with the consultant's recommendation. Mr. Mosuy, Mr. Parker, Mr. Hills and Ms. Grenis expressed concerns with respect to insufficient parking spaces, vehicles parking onto the street, especially on weekends, and illegally parked cars in the visitor and resident parking spaces. Mr. Zoffranieri outlined the current and proposed number of parking spaces and stated that he will provide additional parking spaces in the future should there be a demand for them. 83 Ms. Reid stated that when she inquired into purchasing a parking space, that she was told that there are no parking spaces available for sale and she is forced to park on the street. In response to Ms. Reid's statement, Mr. Zoffranieri advised the public that there are parking spaces available and are for sale. Mr. Chipperfield asked if the Committee would consider tabling the application in order to give area residents an opportunity to hire their own consultant. In reply to a question, Mr. Pym stated that City Staff require the applicant to provide a parking and traffic study at the expense of the applicant. The consultant group is highly reputable and Planning Staff are confident that the firm is reliable. Mr. Musey asked that each variance be dealt with separately. He expressed no objection to the increased number of units for the building, but had concerns with the reduced parking variance. Mr. Ashe outlined the appeal process for the public. Ms. Billinger acknowledged the concerns expressed by residents and asked the applicant how he intends to satisfy the parking requirements in the future. Mr. Zoffranieri advised that a 2nd level underground parking area is available for future parking. Mr. Michel Labbe, representing Option For Homes, stated that 75% of the units for the building must be sold before construction can proceed. Parking spaces are being sold separately from the condominium unit price. Mr. Dutley stated that he was in support of the application and had comments regarding the price of the parking spaces. Mr. Mohr made comments as to why he would be supporting the application. He does not feel that the proposed number of parking spaces will affect area residents, and clarified that the reduction in parking space variance is for resident parking, not visitor parking. DECISION: Moved by Mr. Mohr, seconded by Mr. Newton and carried unanimously that- Application PICA 63/02 by Discovery Place Ltd., as outlined be APPROVED on the grounds that the proposed increase in total dwelling units over all lands zoned "RHII" and proposed parking space reduction variance are minor variances, 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 a maximum 11-storey, 220 unit residential apartment building constructed on the subject property, as generally outlined on the applicant's submitted plans with this application. 84 2. That the applicant obtain site plan approval, and buildings permits, to construct the proposed residential apartment building, within two years of the date of this decision, or the approval of these variances shall become null and void. 8. ADJOURNMENT MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously that- The 14th meeting of the Committee of Adjustment be adjourned at 8:03 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, November 6, 2002. MOTION CARRIED "D(jLJ L, I\JJ DATE CHAIRMAN ~~. SECRETARY~REASURER 85