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HomeMy WebLinkAboutSeptember 24, 2003 MINUTES of the 11th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, September 24, 2003. PRESENT: Mr. K. Ashe (Chairperson) Ms. M. Billinger (Arrived 7:09) 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 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 Mr. Mohr, and CARRIED that the minutes of the 10th meeting of the Committee of Adjustment held Wednesday, August 13, 2003, be adopted. MOTION CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Mr. Mohr, seconded by Mr. Newton, and CARRIED - that Minor Variance Application PICA 46/03, by Mary Ann Britskey be moved forward as item #4 of the agenda and that the agenda be adopted as amended. MOTION CARRIED 66 4. PICA 46/03 - Mary Ann Britskey 1940 Brookshire Square lot 27, Plan 40M-1390 City of Pickering The applicant requests relief from Section 5(2)(b)(vi) of Zoning By-law 3036, as amended by By-law 1826/84, to permit the establishment of a minimum 5.7 metre rear yard depth to be provided by the proposed sunroom addition, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a sunroom addition to the rear of the existing dwelling. 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 concerns. Comments were received from Rick Johnson, Regional Councillor - Ward 3, in support of the application. Written letters were also received from residents of 949 Glenanna, 951 Glenanna and a petition from area residents in support of the application. Mr. McGeoghan was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Mr. Newton, seconded by Mr. Young and CARRIED unanimously that - Application PICA 46/03 by Mary Ann Britskey, as outlined be APPROVED on the grounds that the proposed minimum 5.7 metre rear yard depth to be provided by the proposed sunroom addition 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 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 sunroom addition within two years of the date of this decision, or this decision shall become null and void. 67 5. (Deferred from the August 13, 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. Written comments were received from owners residing at 1516, 1522, 1526, 1528 Major Oaks Road, and 2010 Blue Ridge Crescent, all in support of the application. Mr. Abdi, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Newton, Mr. Mohr, Ms. Billinger and Mr. Young stated that they would be supporting the variance. After a site check of the property they felt that the visual impact would be negligible if the deck were to be reduced in size. DECISION: Moved by Mr. Newton, seconded by Ms. Billinger, and carried unanimously that - PICA 30/03, by I. Abdi, as outlined be APPROVED 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 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 Zoning By-law, subject to the following condition: 1. That the applicant obtain a building permit to ensure compliance with the Ontario Building Code, or this decision shall become null and void. 68 6. PICA 35/03 - D. Tataryn & S. Vasquez 1786 Bronte Square Part Block H, Plan M-1153 (Part 1,7, Plan 40R-4931) City of Pickering The applicants request relief from Section 5 to Schedule "B" to Zoning By-law 3036, as amended by By-law 736/77, to permit the establishment of a minimum 0.2 metre east side yard width and minimum 6.8 metre rear yard depth to be provided by the proposed sunroom addition on the subject property, whereas the by-law requires a minimum side yard width of 1.2 metres and a minimum rear yard depth of 7.5 metres. The applicants request approval of these variances in order to obtain a building permit for a proposed sunroom addition. 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 concerns. Ms. Tataryn, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Ms. Tataryn advised the members that her deck and neighbours deck are adjoining. She is unable to move the addition due to an existing window. She submitted a letter from Kathryn Ansaldo of 1784 Bronte Square, in support of the application. Mr. Mohr outlined the following reasons as to why he would be supporting the variance: abutting neighbours have no objections; there will be no windows on the east side of the sunroom; he views the height of the existing fence and the proposed addition as satisfactory. Mr. Young stated that he would also be supporting the variance. DECISION: Moved by Mr. Mohr, seconded by Mr. Newton and CARRIED unanimously that - Application PICA 35/03 by D. Tataryn & S. Vasquez; as outlined be APPROVED on the grounds that the proposed minimum 0.2 metre east side yard width, and proposed minimum 6.8 metre rear yard depth to be provided by the proposed sunroom addition on 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: 69 1. That this variance apply only to the proposed sunroom 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 proposed sunroom addition within two years of the date of this decision, or this decision shall become null and void. 7. PICA 36/03 - G. & L. Mitchell 643 Atwood Crescent Lot 39, Plan 40M-1571 City of Pickering The applicants request relief from Section 5.19(b) of Zoning By-law 2511, as amended by By-law 2543/87, to permit the establishment of a minimum 0.1 of a metre south side yard width to be provided by the proposed accessory structure, whereas the by-law requires a minimum side yard setback of 0.6 of a metre from all lot lines for accessory structures. The applicants request approval of this variance in order to construct a shed to enclose pool heater equipment 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 concerns. letter received from Raymond Shire of 645 Atwood Crescent indicating support for the variance. Written comments were received from CN Rail, requesting that conditions be imposed. Mr. Mitchell, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant confirmed that he is aware of the comments provided by CN Rail. DECISION: Moved by Ms. Billinger, seconded by Mr. Young and CARRIED unanimously that - Application PICA 36/03 by G. & L. Mitchell, as outlined be APPROVED on the grounds that the proposed minimum 0.1 of a metre south side yard width to be provided by the proposed accessory structure 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 accessory structure, as generally sited and outlined on the applicant's submitted plans with this application. 70 8. PICA 37/03 to PICA 39/03 - Abdul Khan (Northeast corner of Kinsale Road and Highway No.7) Part of Lot 2, Concession 6 (Part 1, Plan 40R-10215) Hamlet of Kinsale City of Pickering The applicant requests relief from Section 6.2.1 of Zoning By-law 3037: To permit the establishment of minimum lot frontages of 54.8 metres to be provided by proposed lot 1 and lot 3, whereas the by-law requires a minimum lot frontage of 60 metres. To permit the establishment of minimum lot areas of 0.7 hectares for proposed lots 1, 2 and 3, whereas the by-law requires a minimum lot area of 0.8 hectares. The applicant requests approval of these variances in order to facilitate proposed severances to permit lots with reduced frontages and reduced lot area. 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 concerns. Comments from the Durham Region Health Department were received stating that they had no objections, but must comply with "The Region of Durham Drilled Well and Lot Sizing Policies as applied to lot Consents and Draft Plans of Subdivisions". letters were received from Mr. & Mrs. L. Keeler of 3325 Highway 7 indicating concerns, and from Wilbert & Judith Suwala of 3370 Highway 7 in objection to the applications. Mr. Peter Jones, agent was present to represent the application. Also present were Wilbert and Judy Suwala of 3370 Highway 7, Gene and lauren Keeler of 3325 Highway 7, Mr. & Mrs. Teklenbury of 3315 Highway No.7, all in objection to the applications. Mr. Jones stated that he concurred with Planning Staff's recommendation. Mr. & Mrs. Suwala, Mr. & Mrs. Keeler and Mr. & Mrs. Teklenbury all voiced concerns regarding the following issues: existing and potential water and sewage problems; unsafe access onto Highway No.7; traffic concerns; drainage concerns; flooding of wells; ground water and contamination of soil from abutting properties. In reply to a question, Mr. Pym advised area residents that the Durham Region Health Department performs a detailed review and requirements would have to be satisfied in accordance with Health Department standards prior to the finalization of any severances or issuance of a building permit. He advised the residents to discuss any animal or sewage infractions to the Ministry of the Environment. 71 Mr. Mohr feels the proper process will ensure that sewage and water concerns are addressed prior to severance. Mr. Young and Ms. Billinger stated that they would be supporting the variances and expressed appreciation to the residents for attending the meeting and voicing their concerns. They acknowledged that the concerns expressed by area residents are serious issues that need to be addressed but are not within the Committee's jurisdiction. Mr. Newton stated that he concurred with comments by Committee members and would be supporting the application. DECISION: Moved by Mr. Mohr, seconded by Mr. Young and CARRIED unanimously that - Applications PICA 37/03 to PICA 39/03 by Abdul Khan, as outlined be APPROVED on the grounds that the proposed minimum lot frontages of 54.8 metres to be provided by proposed lot 1 and Lot 3, and proposed minimum lot areas of 0.7 hectares for proposed lots 1, 2 and 3 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 lots, as generally outlined on the applicants' submitted plans with this application. 2. That the applicant finalize the proposed land severance applications and receives final approval within two years of this decision or this decision shall become null and void. 9. PICA 40/03 - G. Stapleton & S. Greeley 1884 Spruce Hill Road Part of Lot 24, Plan 1041 (Part 3, Plan 40R-7090) City of Pickering The applicants request relief from the following provisions of Zoning By-law 3036, as amended: Section 10.2.3 to permit the continuance of a minimum 7.0 metre front yard depth provided by the existing dwelling, whereas the by-law requires a minimum 7.5 metre front yard depth. 72 Section 5.18(d) to permit the establishment of a minimum 1.2 metre south side yard width to be provided by the proposed addition with an attached garage, whereas the by-law requires a minimum 1.5 metre side yard width. The applicants request approval of these variances in order to obtain a building permit for a two-storey addition with attached garage 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 concerns. Ms. Greeley, owner, was present to represent the application. Mr. larry Grigsby of 1880 Spruce Hill Road, was present in favour of the application. Also present were Mr. Don McKechnie and Pauline Bossman of 1886 Spruce Hill Road, Mr. John Bozic and Frances Castro of 1851 New Street, all in objection to the application. Ms. Greeley made comments with respect to a dispute over the location of the property lines. She advised the members that dimensions were obtained from a proper survey. Mr. Grigsby stated that he would like to see construction commence and feels that the proposed construction would increase property value. Mr. McKechnie and Ms. Bossman made comments with respect to adverse possession, as the fence has been in place and undisputed for more than 10 years, the location of the rear shed; the fence has been in place for over 50 years. John Bozic stated that he would like to see the issues resolved regarding the property lines prior to the Committee making a decision. Ms. Castro expressed concern that the plans indicate a drive-thru garage and inquired as to parking in the rear yard. In reply to a question, Mr. Pym advised the members that the information made available was provided by the applicant from a registered reference plan when the lot was created. DECISION: Moved by Mr. Young, seconded by Mr. Mohr and CARRIED unanimously that - Application PICA 40/03 by G. Stapleton & S. Greeley, as outlined be APPROVED on the grounds that the proposed continuance of a minimum 7.0 metre front yard depth provided by the existing dwelling, and proposed establishment of a minimum 1.2 metre south side yard width to be provided by the proposed addition with 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: 73 1. That these variances apply only to the proposed addition and 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 addition and garage within two years of the date of this decision, or this decision shall become null and void. 10. PICA 41/03 - Dalar Properties Ltd. 1053 Brock Road South Part of lot 18, Concession 1 (Part 1, Plan 40R-20127) City of Pickering The applicant requests relief from Section 5(2)(h)(v) of Zoning By-law 2511, as amended by By-law 4444/94, and further amended by By-law 5618/00, to permit an accessory sales outlet having a maximum gross leasable floor area of 60 percent of the gross leasable floor area of the proposed use, whereas the by-law states that accessory sales outlets shall be permitted provided the gross leasable floor area of the outlet does not exceed 20 percent of the gross leasable floor area of the permitted use. The applicant requests approval of this variance in order to accommodate a new tenant for a van and truck sales establishment 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 concerns. Mr. Dennis large, owner, was present to represent the application. Also present was Steve Reeves, Pickering resident in favour of the application. Mr. Large outlined the intended use and amount of floor area that will be occupied by his tenant. He stated that Staff's recommendation permitting a gross leasable floor area of 40% would not be sufficient for his tenants requirements. Discussion followed clarifying the definition of the gross leasable floor area of its intended use. Mr. Mohr stated that the applicants request of 60% gross leasable floor area for a sales outlet would not meet the intent of the zoning by-law and Official Plan but would support Staff's recommendation to reduce to gross leasable floor area to 40%. 74 DECISION: Moved by Mr. Mohr, seconded by Mr. Newton and CARRIED unanimously that - Application PICA 41/03 by Dalar Properties Ltd., as REVISED be APPROVED on the grounds that the proposed accessory sales outlet having a maximum gross leasable floor area of 40 percent of the gross leasable floor area of the proposed use 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 Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed truck and van sales establishment use on the subject property. 2. That if the proposed truck and van sales establishment use leaves the subject property this decision shall become null and void. 11. PICA 42/03 - S. & E. Haslam 1131 Gossamer Drive Lot 41, Plan 40M-1811 City of Pickering The applicant requests relief from Section 5(1 )(b)(vi)B of Zoning By-law 3036, as amended by By-law 4113/92, to permit the establishment of a minimum 8.6 metre rear yard depth to be provided by the proposed sunroom addition, whereas the by-law requires a minimum 10 metre rear yard depth. The applicants request approval of this variance in order to obtain a building permit for a proposed sunroom addition 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 concerns. Mr. John Kewell, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Kewell provided floor plans of the proposed structure. DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED unanimously that - Application PICA 42/03 by S. & E. Haslam, as outlined be APPROVED on the grounds that the proposed establishment of a minimum 8.6 metre rear yard depth to be provided by the proposed sunroom addition 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: 75 1. That this variance apply only to the proposed sun room 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 proposed sunroom addition within two years of the date of this decision, or this decision shall become null and void. 12. PICA 43/03 - H. & C. Arndt 737 Pebble Court Lot 6, Plan 40M-171 0 City of Pickering The applicant requests relief from Section 5(1 )(b)(vi)A of Zoning By-law 3036, as amended by By-law 3477/90, to permit the establishment of a minimum 4.0 metre rear yard depth to be provided by the proposed deck with stairs 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 obtain a building permit for a deck with stairs 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 concerns. Written comments from the Durham District School Board were received stating no objections to the application. Mr. Arndt, owner, 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. Newton and CARRIED unanimously that - Application PICA 43/03 by H. & C. Arndt, as outlined be APPROVED on the grounds that the proposed establishment of a minimum 4.0 metre rear yard depth to be provided by the proposed deck with 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 deck with 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 deck with stairs within two years of the date of this decision, or this decision shall become null and void. 76 13. PICA 44/03 - D. & J. Hueson 805 Concession Road 3 Lot 3, Plan 558 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: Section 6.4 to permit a minimum 0.9 of a metre flanking side yard width to be provided by the proposed accessory building, whereas the by-law requires a minimum accessory building flankage side yard width of 7.5 metres. Section 5.18(e) to permit a 6 percent maximum lot coverage for all accessory buildings on the subject property, whereas the by-law requires a maximum lot coverage for all accessory buildings to be 5 percent. The applicant requests approval of these variances in order to obtain a building permit for an accessory building 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 concerns. Comments were received from Rick Johnson, Regional Councillor - Ward 3, in support of the application, and from the Durham Region Health Department with no objections. Mr. Hueson, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Hueson advised the Committee that the accessory building will be used for the storage of a small plane. DECISION: Moved by Mr. Mohr, seconded by Mr. Newton and CARRIED unanimously that - Application PICA 44/03 by D. & J. Hueson, as outlined be APPROVED on the grounds that the proposed minimum 0.9 of a metre flankage side yard width to be provided by the proposed accessory building, and 6 percent maximum lot coverage for all accessory buildings on 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 proposed accessory building, as generally sited and outlined on the applicant's submitted plans with this application. 77 2. That the applicant obtain approval for the proposed accessory building from the Ministry of Municipal Affairs and Housing regarding the Minister's Zoning Order Amendment prior to the issuance of a building permit. 3. That the applicant obtain a building permit and construct the proposed accessory building within two years of the date of this decision, or this decision shall become null and void. 14. PICA 45/03 - Verne leo Hicks 3600 Paddock Road South Part of lot 13, Concession 6 City of Pickering The applicant requests relief from Section 6.2.1 of Zoning By-law 3037, as amended: To permit the establishment of a minimum lot frontage of 45 metres to be provided by the proposed retained parcel, whereas the by-law requires a minimum lot frontage of 60 metres. To permit the establishment of a minimum lot area of 0.7 hectares for the proposed retained parcel, whereas the by-law requires a minimum lot area of 0.8 hectares. The applicant requests approval of these variances in order to facilitate the proposed severance in which the farm portion of the subject property is to be conveyed to the existing neighbouring lot (lD 173/03). 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 concerns. Comments were received from Rick Johnson, Regional Councillor - Ward 3, in support of the application, and from Durham Region Health Department with no objections. Ms. Valerie Cranmer, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Ms. Cranmer stated that she is in support of Staff's recommendation. 78 DECISION: Moved by Mr. Young, seconded by Ms. Billinger and CARRIED unanimously that - Applications PICA 47/03 to PICA 48/03, by Silverlane Estates Inc., as outlined be APPROVED on the grounds that the proposed continuance of a minimum 3.6 metre front yard depth for Townhouse Unit 1 (1968 Treetop Way) and minimum 4.1 metre front yard depth for Townhouse Unit 4 (1962 Treetop Way) 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. 16. ADJOURNMENT MOTION: Moved by Mr. Young, seconded by Mr. Newton and CARRIED unanimously that- The 11th meeting of the Committee of Adjustment be adjourned at 9:20 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, October 15, 2003. MOTION CARRIED \;J'J: / s / 0 J DATE / t -1.{~ /' .. / /1 /./ lJi-- ¿iff f.é - - ---"'-. CHAiRMA-N SECRETARY-TREASURER 80