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HomeMy WebLinkAboutFebruary 23, 2003 MINUTES of the 3rd meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, February 26, 2003. PRESENT: Mr. K. Ashe 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 7:02 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 2nd meeting of the Committee of Adjustment held February 5, 2003, be adopted, as amended. MOTION CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and CARRIED unanimously, that the agenda for the February 26, 2003 meeting be adopted. MOTION CARRIED 4. OTHER MATTERS Mr. Ashe, on behalf of the Committee, expressed condolences to Mr. Young. 10 5. PICA 5/03 - Purdue Pharma Inc. 580 Granite Court Part lot 30, Range 3, B.F.C. (40R-11999, Parts 1 to 5) The applicant requests relief from the following provisions of Zoning By-law 2511, as varied by PICA 30/95: Section 5.21.1 (2) & (3) to permit the establishment of a total of 81 parking spaces to be provided on the subject property, whereas the property requires 92 parking spaces as per PICA 30/95. Section 5.21.2(b) to permit the establishment of a minimum 1.4 metre parking setback from the east side property line, whereas the by-law states that side yard parking shall only be permitted no closer than 7.5 metres from the side lot line on one side and 1.5 metres on the other side. The applicant requests approval of these variances in order to obtain site plan approval to allow for the widening of a truck entrance 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, City's Fire Prevention Officer, the Ministry of Transportation and Toronto and Region Conservation Authority, all expressing no objections. Mr. Jim McBirnie, agent, was 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 unanimously that - Application PICA 5/03 by Purdue Pharma Inc., be APPROVED on the grounds that the proposed establishment of a total of 81 parking spaces to be provided on the subject property, and establishment of a minimum 1.4 metre parking setback from the east side property line 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 buildings as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain site plan approval within two years of the date of this decision, or this decision shall become null and void. 11 6. PICA 6/03 - D. Ritchie & D. lavallee 699 Front Road Part of lot 3, Block E, Plan 65 The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: Section 5.19(b)A, to permit the establishment of a minimum 0.3 metre east and south setback for an accessory structure to be provided by the proposed detached garage on the subject property, whereas the by-law requires a minimum accessory building setback of 1.0 metres. Section 10.2.6, to permit the establishment of a maximum lot coverage of 38% to be provided by the existing dwelling and proposed detached garage on the subject property, whereas the by-law permits a maximum lot coverage of 33%. The applicants request approval of these variances in order to obtain a building permit for a new detached 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 Fire Prevention Officer expressing no objections, and from the City's Development Control Supervisor requesting that that the applicant be required to ensure that the existing drainage patterns andlor drainage of adjacent properties are not adversely affected by the proposed structure. Mr. Ritchie, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Ritchie submitted photographs for members to view. He stated that the proposed garage is not out of line with existing garages in the area and that the garage is required for boat and vehicle storage. DECISION: Moved by Mr. Newton, seconded by Ms. Billinger and CARRIED unanimously that - Application PICA 6/03 by D. Ritchie & D. lavallee, be APPROVED on the grounds that the proposed minimum 0.3 metre east and south setback for an accessory structure to be provided by the proposed detached garage, and maximum lot coverage of 38% 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: 12 1. That this variance apply only to the proposed garage 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 garage within two years of the date of this decision, or this decision shall become null and void. 7. PICA 7/03 - C. Howells 556 Pine Ridge Road lot 126, Plan 283 The applicant requests relief from Section 9.2.3 of Zoning By-law 2511, as amended, to permit the establishment of a minimum 1.6 metre north side yard width and minimum 1.3 metre south side yard width to the proposed addition and attached garage, whereas the by-law requires a minimum 1.8 metres on one side and 1.8 metres on the other side where a garage is erected as part of a detached dwelling. The applicant requests approval of this variance in order to obtain a building permit for internal and external renovations to the existing 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, City's Fire Prevention Officer and the Toronto and Region Conservation Authority, all expressing no objections. Also received was a telephone call from an abutting neighbour verbally objecting to the application. Mr. and Mrs. Howells, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Rick Johnson, Ward 3 Regional Councillor, was present on behalf of Mr. Albert Doria, northerly-abutting neighbour. Mr. Howells outlined reasons for the requested variance adding that the existing side yards will not be altered. Mr. Johnson advised that Mr. Doria was out of the country and could not be present for the meeting. Mr. Doria voiced some concerns to Councillor Johnson. Councillor Johnson stated that he finds the application acceptable and will relay his comments to Mr. Doria. 13 DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED unanimously that - Application PICA 7/03 by C. Howells, be APPROVED on the grounds that the proposed minimum 1.6 metre north side yard width and minimum 1.3 metre south side yard width 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 this variance apply only to the addition including attached garage, 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 addition within two years of the date of this decision, or this decision shall become null and void. 8. PICA 8/03 & PICA 9/03 - C. & A. Benedetto 1954 Spruce Hill Road lot 4, Plan 1041 The applicant requests relief from Section 10.2.1 of Zoning By-law 3036, as amended, to permit the establishment of a minimum 13.9 metre lot frontage provided by the proposed severed and retained parcels on the subject property, whereas the by-law requires a minimum lot frontage of 15 metres. The applicants request approval of these variances in order to facilitate the associated land severance application. 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 Jan de Vries, residing at 1947 Spruce Hill Road, and Frank and Donna Sguigna of 1951 Spruce Hill Road, all in objection to the application. Mr. Jim Naumovski, agent, was present to represent the application. Also present were the following residents in opposition to the application: Mr. Frank Heath of 1944A Spruce Hill Road; Mr. Robert Cubbage of 1962 Spruce Hill Road; Mr. Karl Reichel of 1948 Spruce Hill Road; Mr. Eric Short of 1953 Spruce Hill Road; Mr. William Girling of 1959 Spruce Hill Road. 14 The above-noted residents expressed objections to the variances and voiced concerns that the property is situated on a rural street and would not fit into the existing streetscape; smaller frontage may devalue properties, will not enhance the area; may set a precedent; Mr. Short inquired as to whether the properties would be wide enough to accommodate a dwelling without the need for future variances. Mr. Girling submitted a petition, which included the signatures of 25 area residents, indicating opposition to the variances. In response to a question, Mr. Pym advised that the applicant must comply with the zoning by-law or have relief granted through a minor variance in order to proceed with the associated land severance application. Mr. Naumovski stated that he will be able to accommodate dwellings on the properties and does not envision future variances. MOTION: Moved by Mr. Newton, seconded by Mr. Mohr and CARRIED that - Applications PICA 8/03 & PICA 9/03 by C. & A. Benedetto, be TABLED until the March 19,2003 meeting, in order to give the members an opportunity to view the subject property. VOTE Mr. Ashe; opposed Ms. Billinger; in favour Mr. Mohr; in favour Mr. Newton; in favour MOTION CARRIED 9. PICA 10/03 - lydia Dobbin 1495 Whites Road Part lot 28, Range 3, B.F.C. (40R-14431 , Part 1) The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 6010/02: Section 4(1 )(a) to permit multiple dwellinQ-horizontal townhouse units on lands cross-hatched on Schedule I of Zoning By-law 3036, as amended by By-law 6010/02, whereas the by-law states that no person shall within the lands designated "RMM-4" on Schedule I use any building or structure for any purpose except multiple dwellinQ-vertical. 15 Section 4(2)(a)A to permit the establishment of a minimum 6.0 metre south side yard setback, whereas the by-law states that no multiple dwelling - vertical or horizontal shall be erected outside the building envelope, and shall have a south side yard setback of 7.0 metres. Section 4(2)(b)A to permit a minimum building height of 3 functional storeys, whereas the by-law states that within the cross-hatched area shown on Schedule I, the minimum building height shall be 4 functional storeys and the maximum building height shall be 18 metres and 4 storeys. The applicant requests approval of these variances in order to obtain site plan approval and building permits for the development of townhouse units 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, City's Fire Prevention Officer, and Region of Durham Transportation Planning & Design Department, all expressing no objections. Mr. Vincent Santamaura, Architect for Cassidy & Co., was present to represent the application. Also present were Ms. Sylvia Spencer of 771 Sheppard Avenue and Irene McNamara of 752 Sheppard Avenue, both in objection to the application. Mr. Santamaura outlined reasons for the variances adding that the building massing will remain the same. Ms. Spencer stated she was in objection to the variance and addressed issues, which included lack of quality of life, odours emitting from the existing restaurants, noise, lack of sunlight and possible loitering. She feels that the intent of the by-law was to give visual interest to the area. Ms. McNamara stated that she does not see a need for the variances and asked for clarification as to the "common element act". She questioned the need for the dwelling units to be situated closer to the restaurants. Mr. Santamaura provided illustrations of the proposed development and addressed the concerns voiced by area residents. He feels that the requests still meet the intent and vision of Council without altering the density. Mr. Mohr asked Councillor Johnson questions with respect to the application. 16 DECISION: Moved by Mr. Mohr, seconded by Mr. Newton and CARRIED that - Application PICA 10/03 by lydia Dobbin, be APPROVED on the grounds that the proposed establishment of a minimum 6.0 metre south side yard setback, a minimum of 3 functional floors, and the proposed establishment of multiple dwelling-horizontal townhouse units on lands cross-hatched on Schedule I of Zoning By-law 3036, as amended by By-law 6010/02 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 townhouse units, 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 development within two years of the date of this decision, or this decision shall become null and void. VOTE Mr. Ashe; in favour Ms. Billinger; opposed Mr. Mohr; in favour Mr. Newton; in favour 10. ADJOURNMENT MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger and CARRIED unanimously that- The 3rd meeting of the Committee of Adjustment be adjourned at 8:25 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, March 19,2003. MOTION CARRIED fYîvl¡" ¡~) íJ.3 DATE ~~ -- CH.l\!.RMAN .: . . "....- ,,' SECRETARY-TREASURER 17