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HomeMy WebLinkAboutNovember 27, 2002 MINUTES of the 16th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, November 27,2002. 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. Mohr and carried unanimously- That the minutes of the 15th meeting of the Committee of Adjustment held November 6, 2002, be adopted. MOTION CARRIED 91 3. ADOPTION OF 2003 MEETING SCHEDULE Motion: Moved by Mr. Newton, seconded by Mr. Mohr and carried unanimously- That the Committee of Adjustment Meeting Schedule for 2003 be adopted. MOTION CARRIED 4. ADOPTION OF AGENDA MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously- That the agenda for the November 27,2002 meeting be adopted. MOTION CARRIED 5. (Tabled from July 3, 2002 meeting) PICA 28/02 - 1331302 Ontario Inc. 1535 Pickering Parkway Block 3 to 6, Plan 40M-1231 City of Pickering MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously That item PICA 28/02, by 1331302 Ontario Inc. be lifted from the table. MOTION CARRIED The applicant requests relief from Section 5.21.1 (3) of Zoning By-law 3036, as amended by By-law 1346/81 in order to obtain site plan approval and building permits to establish two proposed self-storage warehouse buildings on the subject property. The applicant requests approval to permit 58 parking spaces on the subject property, whereas the by-law requires a minimum of 122 parking spaces 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 and Development Control Supervisor, both expressing no concerns. 92 Mr. Ron Halliday, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Halliday stated that he concurred with Planning Staff's recommendation. DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and carried unanimously that- That PICA 28/02, by 1331302 Ontario Inc., be APPROVED on the grounds that the proposed variance to permit 58 parking spaces on the subject property is minor in nature 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 buildings as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain site plan approval and building permits and construct the proposed buildings within two years of the date of this decision, or this decision shall become null and void. 6. PICA 67/02 -1381190 Ontario Ltd. 701 - 711 Krosno Blvd. Block T, Plan M-15, (40R-21463, Parts 2,3) City of Pickering The applicant requests relief from Section 4(1) of Zoning By-law 2520, as amended by By-law 6006/02, in order to redefine the accessory convenience items to include the sale of items such as lottery tickets, candy, gum, chocolate bars, sliced bread, bagged milk and other dairy products, in conjunction with the gas bar operation, whereas the by-law states that accessory convenience items shall mean items that are limited to coffee, chips, donuts, muffins, cake, cigarettes and beverages, in single servings for immediate consumption by the traveling public, but shall not include retail store, a neighbourhood convenience store, or any establishment providing the sale of produce, canned goods, baked items (in quantity), meat or poultry, andlor dairy products (not sold in single servings). 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 and Development Control Supervisor, both expressing no concerns. Written comments were also received from Mark Holland, Regional Ward 2 Councillor, Brian Belmont, the Solicitor representing Liverpool South Plaza Inc., and from Maureen Charlton, Manager of Bay Ridges Market. 93 Mr. Ramesh Patel, owner and Mr. Nick Givalas, agent, were present to represent the application. Mr. Ed Aru, VP of Olco Petroleum, and Mr. Peter Matthew of 905 Krosno Blvd. were both present in support of the application. Also present were Maureen Charlton, manager of Bay Ridges Market, Ms. Bergant of 704 Krosno Blvd., and Mr. David Um, Bay Ridges market owner, all in objection to the application. Mr. Aru stated that he was in support of the application and made comments with respect to reduced gas margins, that the applicant had cleaned up the site, and believes that the sale of listed items will not pose a threat to the convenience store. Mr. Matthew advised members that he has over 300 residents signaturesinfavour of the application. He commented on the ideal hours of operation, the unique selection, and to be given an option of where to purchase items. Mr. Patel stated that he is not a grocery store and only wants to compete with existing gas bars in Pickering. He submitted signatures of over 400 patrons of the establishment indicating support of the application. Mr. Givalas addressed concerns outlined in the letter submitted by Maureen Charlton, manager of Bay Ridges Market. Mr. Givalas offered a brief history of the property and outlined reasons for not appealing previous applications. He advised that the owner wishes to enhance the site further and requires the selling of additional items in order to compete with other gas bars. Ms. Charlton stated that she was in objection to the application and outlined the following reasons for her objection: . a previous Committee of Adjustment decision and Council's decision regarding a rezoning application gave the applicant two opportunities to appeal but he did not proceed with an appeal; . He continues to contravene the zoning by-law by selling lottery tickets; . the community does not require another convenience store. Ms. Bergant stated that she agreed in the past to the applicant selling coffee and donuts but does not support the variance. She expressed concerns with potential noise and traffic in the late hours. Mr. Um, Bay Ridges Market owner stated that he has been in the business for approximately 20 years serving the community. The applicant is requesting the sale of items that are a major part of his business. He feels that allowing the applicant to sell similar items would reflect a convenience store use which is clearly contrary to the by-law. 94 Mr. Givalas stated that he is willing to come to a compromise and eliminate certain items should the Committee feel that bagged milk and sliced bread are not appropriate items for sale. MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and carried unanimously that - PICA 67/02 by 1381190 Ontario Ltd., be Tabled for 3 weeks in order to allow Committee members time to review additional documentation and to allow the two parties involved an opportunity to possibly discuss a compromise. MOTION CARRIED 7. ADJOURNMENT MOTION: Moved by Ms. Billinger, seconded by Mr. Mohr and carried unanimously that- The 16th meeting of the Committee of Adjustment be adjourned at 8:30 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, December 18, 2002. MOTION CARRIED Lkc. 1'55'hJJ DATE --1 ---1 ~. VL~, SECRETARY-TREASURER 95