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HomeMy WebLinkAboutJuly 2, 2003 MINUTES of the 8th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, July 2, 2003. PRESENT: Mr. K. Ashe (Chairperson) Ms. M. Billinger Mr. T. Mohr Mr. C. Young ALSO PRESENT: Mr. R. Pym, Assistant Secretary-Treasurer Mrs. F. Niro, Secretary-Treasurer ABSENT: Mr. E. Newton The meeting convened at 7:05 pm in the Main Committee Room of the Civic Com plex. 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. Young, and CARRIED unanimously that the minutes of the 7th meeting of the Committee of Adjustment held Wednesday, June 11, 2003, be adopted. MOTION CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Ms. Billinger, seconded by Mr. Young, and CARRIED unanimously that the agenda for the July 2, 2003 meeting be adopted. MOTION CARRIED 44 4. PICA 20/03 - CIBC Development Corporation 1499 Kingston Road Part of Lot 21, Concession 1 (40R-13512, Part 1 to 8) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 2349/87 and further amended by By-law 2837/88: Section 5.(2)(b)(i) (Schedule II) to permit the establishment of a minimum 1.5 metre flankage side yard width to be provided by the proposed office building, whereas the by-law requires a minimum flankage side yard width of 14 metres. Section 5.21.2.(d) to permit parking spaces located a minimum 1.0 metre setback from Kingston Road, whereas the by-law states that where a parking area abuts a road allowance there shall be a 3 metre setback there from. The applicant requests approval of these variances in order to proceed in obtaining site plan approval and building permíts for the development of a 1 storey office building (bank branch), approximately 573 square metres in size. 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 objections and from a resident at 1400 The Esplanade, in support of the application. Mr. Chris Browne from Urbana Architects was present to represent the application. Also present was Mr. Tim Burningham, in support of the application. Mr. Browne provided illustrations of the proposed CIBC branch. He briefly outlined proposals for developing landscaping, exterior building features, and advised members of a reciprocal parking agreement between CIBC and owners of the existing medical building. Mr. Browne stated that they sited the building in accordance with previous applications for the site and feel that they did their best to meet the intent and requirements of the zoning by-law. Mr. Burningham advised the Committee that he has met with individuals from the medical building who had expressed concerns with vehicle stacking at the proposed atm site. Mr. Burningham agreed to meet with them for further discussion to address their concerns and ultimately reach an agreement. DECISION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED unanimously that - 45 Application PICA 20/03 by CIBC Development Corporation, be APPROVED on the grounds that the proposed establishment of a minimum 1.5 metre flankage side yard width to be provided by the proposed office building, and to permit parking spaces located a minimum 1.0 metre setback from Kingston Road, 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. 5. PICA 23/03 - J. & C. Ungar 845 Darwin Drive Lot 80, Plan 40M-1969 City of Pickering The applicants request relief from Section 5.18(a) of Zoning By-law 3036, as amended by By-law 5493/99, to permit a shed to be located within the south side yard of the subject property, whereas the by-law requires that all accessory buildings which are not part of the main dwelling shall be erected in the rear yard. 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 objections. Mr. Jack Ungar, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Ungar provided a written letter from the southerly-abutting neighbour, Mr. Roy Kripman of 847 Darwin Drive, indicating support for the application. DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED unanimously that - Application PICA 23/03 by J. & C. Ungar, be APPROVED on the grounds that the proposed location of the accessory building 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 proposed shed, approximately 2.4 metres by 3.0 metres in size, as generally sited and outlined on the applicants' submitted plans with this application. 46 6. PICA 24/03 - L. & F. Cassels 1546 Eagleview Drive Lot 24, Plan 40M-1325 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 1826/84: Section 5(1)(b)(vi) to permit the establishment of a minimum 5.2 metre rear yard depth to be provided by the proposed sunroom addition, whereas the by-law requires a minimum 7.5 metre rear yard depth. Section 5(1)(b)(vii) to permit the establishment of a maximum lot coverage of 42% to be provided by the existing dwelling and proposed sunroom addition on the subject property, whereas the by-law permits a maximum lot coverage of 38% The applicants request approval of these variances in order to obtain a building permit for a proposed sunroom addition to the existing dwelling. 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 objections. Mr. John Kewell from Lifestyle Sunrooms was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Mr. Mohr, seconded by Ms. Billinger and CARRIED unanimously that - Application PICA 24/03 by L. & F. Cassels, be APPROVED on the grounds that the proposed establishment of a minimum 5.2 metre rear yard depth and maximum lot coverage of 42% to be provided by the proposed sunroom addition 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 sunroom addition, approximately 4.3 metres by 5.2 metres in size, 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 sunroom addition within two years of the date of this decision, or this decision shall become null and void. 47 7. PICA 25/03 - Robert Keeler 562 West Shore Blvd. North Part of Lot 2, Plan 311 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: Section 10.2.1 to permit the continuance of a minimum 9.1 metre lot frontage, whereas the by-law requires a minimum lot frontage of 15 metres. Section 10.2.2 to permit the continuance of a minimum lot area of 445 square metres, whereas the by-law requires a minimum lot area of 460 square metres. Section 10.2.3. to permit the continuance of a minimum 0.8 of a metre north side yard width and 2.0 metre south side yard width provided by the existing dwelling and proposed second-storey addition with deck, whereas the by-law requires a minimum side yard of 1.5 metres on one side and 2.4 metres on the other side. The applicant requests approval of these variances to recognize existing lot deficiencies in order to obtain a building permit for the construction of a second- storey addition with deck. 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 the Toronto and Region Conservation Authority, both expressing no objections. Mr. Keeler, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Keeler stated that his intent is to construct the addition with deck. He provided letters from adjacent neighbours residing at 561, 560 and 556 West Shore Blvd., all indicating support for the application. DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED unanimously that - Application PICA 25/03 by Robert Keeler, be APPROVED on the grounds that the proposed continuance of a minimum 9.1 metre lot frontage, continuance of a minimum lot area of 445 square metres, continuance of a minimum 0.8 of a metre north side yard width and 2.0 metre south side yard width provided by the existing dwelling and proposed second-storey addition with deck, to be 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, and therefore recommends approval of the proposed variances, subject to the following condition: 48 1. That the applicant obtain a building permit and construct the proposed second storey addition with deck, within two years of the date of this decision, or this decision shall become null and void. 8. PICA 26/03 - K. Byrne & M. Talpash 520 West Shore Blvd. lot 7, Part Lot 8, Plan 270 City of Pickering The applicants request relief from the following provisions of Zoning By-law 2511, as amended: Section 10.2.3 to permit the continuance of a minimum 1.5 metre front yard depth provided by the existing dwelling, whereas the by-law requires a minimum 7.5 metre front yard depth; Section 10.2.3 to permit the continuance of a minimum 2.2 metre rear yard depth provided by the existing dwelling and porch addition, whereas the by-law requires a minimum 7.5 metre rear yard depth; Section 5.19(b)(A) to permit the continuance of a minimum 0.4 of a metre side yard width provided by the existing detached garage on the subject property; Section 5.19(a) to permit the continuance of a detached garage to be located partially within the north side yard of the subject property, whereas the by-law requires that all accessory buildings be erected in the rear yard. The applicants request approval of these variances in order to obtain a building permit for the construction of an enclosed porch addition 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 expressing no objections. Written comments were also received from the City's Development Control Supervisor requesting that a condition be imposed to ensure that the proposal does not conflict with the sanitary sewers and watermain which may be located within this property. Written comments were received from the Toronto and Region Conservation Authority requesting that the front yard depth variance be set aside pending discussion between the owners and the Authority regarding potential for a land exchange. Ms. Marilyn Talpash, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. 49 Ms. Talpash stated that she concurred with Staff's recommendation and that she is aware of the comments received from Toronto and Region Conservation Authority. She is willing to explore options of land exchange as requested by the Authority. Discussion developed between Committee members and Mr. Pym regarding whether to proceed with a decision or to defer the application pending the agreement between the applicant and the Authority. Ms. Talpash stated that she is in full support of continuing the Waterfront Trail but required additional information from the Authority before entering into an agreement. They are anxious to begin construction and asked that the committee proceed with the minor variance application. Mr. Young felt that Condition #3 of Planning Staff's recommendation would sufficiently address the interests expressed by the Toronto and Region Conservation Authority, the City, and the applicants. DECISION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED unanimously that - Application PICA 26/03 by K. Byrne & M. Talpash, be APPROVED on the grounds that the proposed continuance of a minimum 1.5 metre front yard depth provided by the existing dwelling, continuance of a minimum 2.2 metre rear yard depth provided by the existing dwelling and porch addition, and continuance of a minimum 0.4 of a metre side yard width provided by the existing detached garage, and continuance of a detached garage to be located partially within the north side yard of the subject property 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 existing dwelling, proposed covered porch addition and detached 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 covered porch addition within two years of the date of this decision, or this decision shall become null and void. 3. That prior to obtaining a building permit the owner satisfy the requirements of the City of Pickering andlor the Toronto and Region Conservation Authority with respect to entering into an agreement for the conveyance of land across the southern portion of the subject property for the Waterfront Trail. 4. That the applicant obtain approval from the Region of Durham to ensure that the proposal does not conflict with the sanitary sewers and watermain which may be located within this property. 50 9. PICA 27/03 - David De Souza 1941 Bonita Avenue Part of lot 90, Plan 1051 (Part 1, Plan 40R-19421) City of Pickering The applicant requests relief from Section 9.2.3 of Zoning By-law 3036, as amended to permit the establishment of a minimum 0.7 of a metre east side yard width to be provided by the proposed carport enclosure on the subject property. The applicant requests approval of this variance in order to obtain a building permit for the proposed construction. 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 objections. Mr. De Souza, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. De Souza provided a written letter from C. & A. Huyer of 1933 Bonita Avenue, indicating support for the application. The carport has been in existence for approximately 37 years. He would not be enlarging the structure and feels that the proposed construction would enhance the property. DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED unanimously that - Application PICA 27/03 by David De Souza, be APPROVED on the grounds that the proposed establishment of a minimum 0.7 of a metre east side yard width to be provided by the proposed carport enclosure 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 carport enclosure 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 carport enclosure within two years of the date of this decision, or this decision shall become null and void. 51 10. PICA 28/03 - S. & S. Torok 1829 Appleview Road Part of lot 17 A, Plan 1051 (Part 2, Plan 40R-17450) City of Pickering The applicant requests relief from Section 5.18(a) of Zoning By-law 3036, as amended by By-law 2423/87 to permit a detached garage to be located within the front yard of the subject property, whereas the by-law states that all accessory buildings which are not part of the main dwelling shall be erected in the rear yard. The applicants request approval of this variance in order to obtain a building permit for a detached garage 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 expressing no objections. Mr. Torok, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Torok submitted photographs and provided elevation and site drawings of the proposed garage. He feels the proposed garage location would be in keeping with the uniqueness of Appleview Road. He submitted written letters of support from residents residing at 1831, 1827, 1830 and 1838 Appleview Road. Mr. Torok advised the members that the garage is a necessity in order to accommodate his 3 vehicles. Mr. Ashe stated that Appleview is a uníque community and feels that the proposal would not be uncharacteristic of the area. Mr. Young stated that he appreciated Planning Staff's recommendation but expressed empathy for the applicant. Mr. Mohr, Mr. Young and Ms. Billinger all expressed support in deferring the application for 3 weeks in order to give the members an opportunity to view the subject property. MOTION: Moved by Mr. Young, seconded by Mr. Mohr and CARRIED unanimously that - Application PICA 28/03 by S. & S. Torok, be Deferred for 3 weeks and be considered at the July 23, 2003 meeting. MOTION CARRIED 52 11. ADJOURNMENT MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger and CARRIED unanimously that- The 8th 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, July 23, 2003. MOTION CARRIED ~ G::"æ DA E ~ ~~. SECRETARY~REASURER CHAIR~N 53