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HomeMy WebLinkAboutFebruary 5, 2003 MINUTES of the 2nd meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, February 5, 2003. PRESENT: Mr.K.Ashe 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 7:03 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. Newton, seconded by Mr. Young and CARRIED unanimously, that the minutes of the 1st meeting of the Committee of Adjustment held January 15, 2003, be adopted. MOTION CARRIED' 3. ADOPTION OF AGENDA MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED unanimously, that the agenda for the February 5, 2003 meeting be adopted. MOTION CARRIED 5 4. PICA 2/03 - Norvalley Homes Ltd. 136 Prohill Street Part of lot 5, Plan 282 (40R-21447, Part 1) The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: Section 10.2.3 to permit the establishment of a minimum 4.5 metre front yard depth to be provided by the proposed dwelling and a minimum 6 metre front yard depth to be provided by the attached garage, whereas the by-law requires a minimum front yard depth of 7.5 metres. Section 10.2.6 to permit the establishment of a maximum lot coverage of 35% to be provided by the proposed dwelling and attached garage on the subject property, whereas the by-law permits a maximum lot coverage of 33%. The applicant requests approval of these variances in order to obtain a building permit for a detached residential dwelling, with attached garage, on the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor and Fire Prevention Officer, both expressing no objections. Mr. Aurelio Filice, owner, was present to represent the application and stated that he concurred with Staff's recommendation. Mr. Brian Boynton of 1836 Woodview Avenue was present, stating that he was not opposed to the development but expressed concerns with drainage. In reply to a question, Mr. Pym advised that the applicant will be required to comply with City standards regarding drainage issues before a building permit will be issued. DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED unanimously that - Application PICA 2/03 by Norvalley Homes Ltd., be APPROVED on the grounds that the proposed minimum 4.5 metre front yard depth to be provided by the proposed dwelling, minimum 6 metre front yard depth to be provided by the attached garage, and maximum lot coverage of 35% to be provided by the proposed dwelling and attached garage 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: 6 1. That these variances apply only to the proposed dwelling as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain a building permit and construct the proposed dwelling within two years of the date of this decision, or this decision shall become null and void. 5. PICA 3/03 - Joseph Griffin 65 Highway No.7 Part lot 35, Concession 5 (40R-2630, Part 4) The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 2676/88: Section 5(1)(b)(ix)B to permit the establishment of a minimum floor area of 80 square metres to be provided by the proposed one-storey residential dwelling on the subject property, whereas the by-law requires a minimum floor area of 95 square metres to be provided by a dwelling unit. Section 5.18(b)A to permit the continuance of a minimum 0.0 metre east side yard width provided by the existing shed 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(1 )(b)(i) to permit the continuance of a minimum lot area of 2464 square metres, whereas the by-law requires a minimum lot area of 4000 square metres. The applicant requests approval of these variances in order to recognize the existing situations and to obtain a building permit for a proposed one-storey dwelling on the subject property. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor and Fire Prevention Officer, both expressing no objections. Written comments were received from Rick Johnson Regional Councillor Ward 3, indicating support of the application. The Chief Building Official indicated that the applicant's proposal be modified to comply with the Ontario Building Code prior to the issuance of a building permit. Durham Region Health Department requested that the applicant receive their approval prior to the issuance of a building permit. Written comments from Greater Toronto Airports Authority indicating no comments and from the Ministry of Transportation indicating no concerns. Mr. Andre Chiasson, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 7 DECISION: Moved by Mr. Mohr, seconded by Mr. Young and CARRIED unanimously that - Application PICA 3/03, by Joseph Griffin be APPROVED on the grounds that the proposed minimum floor area of 80 square metres provided by the proposed dwelling, the continuance of a minimum 0.0 metre east side yard width provided by the existing shed, and continuance of a minimum lot area of 2464 square metres 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 dwelling, approximately 80 square metres in size, and existing shed as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain a building permit and construct the proposed dwelling within two years of the date of this decision, or this decision shall become null and void. 6. PICA 4/03 - The Water Drop (Pickering) Inc. on behalf of Runnymede Development Corp. 1900 Dixie Road Block 1, Plan 40M-1591 The applicant requests relief from Section 5.(1) of Zoning By-law 3036, as amended by By-law 1494/82 to permit the interpretation of a "Retail Store" to also include the processing of water for retail sale on the subject property, whereas the "Retail Store Definition" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, offered or kept for retail sale to the public. The applicant requests approval of this variance in order to permit the sale of water containers and water purification products with an associated water purificationlprocessing facility in the existing plaza. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor and Fire Prevention Officer, both expressing no objections. Mr. Frank Racioppo, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 8 Mr. Racioppo outlined the nature of the business and submitted photographs and artists rendering of the proposed business. Mr. Racioppo advised that he has met with the Region Health Department and that they have indicated support and approved the purification process. Their intent is to engage in retail sales only, not wholesale distribution. DECISION: Moved by Mr. Young, seconded by Mr. Newton and CARRIED unanimously that - Application PICA 4/03 by The Water Drop (Pickering) Inc. be APPROVED on the grounds that the proposed redefinitionlinterpretation of a "Retail Store" to also include the processing of water for retail sale on the subject property, is a minor variance that conforms with the uses permitted in the zoning by-law subject to the following conditions: 1. That this variance apply only to the subject property as generally sited and outlined on the applicant's submitted plans with this application. 2. That the processing of water be limited to retail sales from the subject property only and does not include wholesale distribution of processed water from the subject property. 3. That failure to satisfy and maintain conditions 1 and 2 above, shall result in this decision becoming null and void. 7. ADJOURNMENT MOTION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED unanimously that- The 2nd meeting of the Committee of Adjustment be adjourned at 7:35 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, February 26, 2003. MOTION CARRIED "f~d ~\ ~.~ DATE CHAIRMAN ~ 1'\iÆO \ / SECRETARY~REASURER 9