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HomeMy WebLinkAboutAugust 13, 2003 MINUTES of the 10th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, August 13, 2003. PRESENT: Mr. T. Mohr (Acting Chairperson) Ms. M. Billinger Mr. E. Newton Mr.C.Young ALSO PRESENT: Mr. R. Pym, Assistant Secretary-Treasurer Mrs. F. Niro, Secretary-Treasurer ABSENT: Mr. K. Ashe The meeting convened at 7:10 pm 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 Ms. Billinger, and CARRIED unanimously that the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, July 23, 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 August 13, 2003 meeting be adopted. MOTION CARRIED 59 4. (Deferred from the July 23, 2003 meeting) PICA 30/03 - I. Abdi 1524 Major Oaks Road Part of lot 2, Plan 40M-1509 (Plan 40R-11632, Parts 5 & 6) City of Pickering The applicant requests relief from Section 5(3)(b)(vi) of Zoning By-law 3036, as amended by By-law 2015/86, to permit the continuance of a minimum 5.4 metre rear yard depth provided by the deck addition on the subject property, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to recognize the existing situation and obtain a building permit for the recently-constructed deck. 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. A written letter was received from owners of 2010 Blue Ridge Crescent in support of the application. Mr. Abdi, owner, was present to represent the application. Also present were Ian Hasan of 2012 Blue Ridge Crescent, Mr. Dealhoy of 2014 Blue Ridge Crescent, and Mr. Bentley of 2008 Blue Ridge Crescent, all in objection to the application. Mr. Hasan, Mr. Dealhoy and Mr. Bentley all voiced concern that the large deck structure would invade their privacy, lower real estate value, and that construction of a large deck may be precedent setting in the neighbourhood. Mr. Dealhoy and Mr. Hasan both indicated that they would support a considerably smaller deck which would be in compliance with the zoning by-law in order to . accommodate a barbecue and stairs to access the rear yard. In reply to a question, Mr. Pym supplied dimensions of setbacks from a survey provided by the applicant. When asked why the owner did not build the deck in compliance with the zoning by-law, Mr. Abdi responded that he was not aware that a building permit was required when he commenced construction of the deck. 60 MOTION: Moved by Mr. Newton, seconded by Mr. Young, that- PICA 30/03, by I. Abdi, be REFUSED on the grounds that the proposed 5.4 metre minimum rear yard depth provided by the raised deck attached to the rear of the existing dwelling is a major variance that is not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. Mr. Mohr and Ms. Billinger both stated that after a site check of the property they feel that a useable recreation area would still be provided in the rear yard, and that there would not be a considerable change in privacy if the deck were to be made smaller. They would not be supporting the motion. Vote Ms. Billinger Mr. Mohr Mr. Newton Mr. Young opposed opposed in favour in favour MOTION DEFEATED MOTION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED unanimously that - Application PICA 30/03 by I. Abdi, as outlined be DEFERRED to the September 3, 2003 meeting. MOTION CARRIED 5. PICA 31/03 - K. & B. Roocroft 1454 Major Oaks Road Part of Lot 24, Plan 40M-1535 City of Pickering The applicant requests relief from Section 5(3)(b)(vi) of Zoning By-law 3036, as amended by By-law 2015/85, to permit the establishment of a minimum 5.9 metre rear yard depth to be provided by the proposed sunroom addition with deck and stairs, whereas the by-law requires a minimum 7.5 metre rear yard depth. 61 The applicant requests approval of this variance in order to obtain a building permit for a proposed sun room addition, with deck and stairs, 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 received from the City's Development Control Supervisor and Fire Prevention Officer, both expressing no objections. Comments were received from Rick Johnson, Regional Councillor - Ward 3, in support of the application. Mr. Roocroft, owner was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Roocroft stated that a smaller sunroom would not be practical and feels that the addition is a reasonable size. The height of the structure from grade would be approximately 5 feet. DECISION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED unanimously that - Application PICA 31/03 by K. & B. Roocroft, be APPROVED on the grounds that the proposed establishment of a minimum 5.9 metre rear yard depth to be provided by the proposed sunroom addition, with deck and stairs, 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 sunroom addition, with deck and stairs, 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, with deck and stairs, within two years of the date of this decision, or this decision shall become null and void. 6. PICA 33/03 - Jason Naughton 911 Liverpool Road Lot 299, Plan M-14 City of Pickering The applicant requests relief from Section 5.19(d) of Zoning By-law 2520, as amended, to permit the establishment of a minimum 0.9 metre north side yard width to be provided by the proposed garage addition to the existing dwelling, whereas the by-law requires a minimum 1.5 metres where a garage is erected as part of a detached dwelling. 62 The applicant requests approval of this variance in order to obtain a building permit for a garage addition 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 and Fire Prevention Officer, both expressing no objections. Mr. Jason Naughton, owner, and Mr. James Naughton were present to represent the application. No further representation was present in favour of or in objection to the application. Mr. James Naughton stated that the garage addition would enhance the subject property and that a new driveway location would address any safety issues regarding backing onto Liverpool Road. He advised the members that both abutting neighbours were approached and they are in favour of the application. DECISION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED unanimously that - Application PICA 33/03 by Jason Naughton, be APPROVED on the grounds that the proposed establishment of a minimum 0.9 metre north side yard width to be provided by the proposed garage addition to the existing dwelling 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 garage addition 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 addition within two years of the date of this decision, or this decision shall become null and void. 7. PICA 34/03 - T. & N. Riste 4886 Victoria Street Plan 43, Part Lot 11 to 13 (Hamlet of Claremont) City of Pickering The applicants request relief from Section 8.2.1 of Zoning By-law 3037, as amended, to permit the continuance of a 1173 square metre lot area, whereas the by-law requires a minimum lot area of 1390 square metres. 63 The applicants request approval of this variance to recognize the existing situation in order to obtain a building permit for the construction of a second- storey addition and attached 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 Durham Region Health Department, the City's Development Control Supervisor and City's Fire Prevention Officer, all expressing no objections. Comments were received from Rick Johnson, Regional Councillor - Ward 3, in support of the application. Comments were received from Tina Murphy, 1740 Central Street, advising they have no objection to the application and requested the owner be considerate of neighbours in terms of construction noise and time of construction. Mr. Eric Winterstein, agent, and Mr. T. Riste, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Winterstein stated that the proposed construction would enhance the subject property and make it more suitable with the existing neighbourhood. Mr. Riste stated that the proposal would be a favourable one. DECISION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED unanimously that - Application PICA 34/03 by T. & N. Riste, be APPROVED on the grounds that the proposed continuance of a 1173 square metre lot area 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, and therefore recommends approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the proposed house addition, with 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 house addition, with garage, within two years of the date of this decision, or this decision shall become null and void. 64 8. ADJOURNMENT MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED unanimously that- The 10th meeting of the Committee of Adjustment be adjourned at 8:15 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, September 3, 2003. MOTION CARRIED ¥ éJ7)Q~ DATE . ~~ SECRETARY~REASURER 65