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HomeMy WebLinkAboutOctober 15, 2003 MINUTES of the 12th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, October 15, 2003. PRESENT: Mr. K. Ashe (Chairperson) Ms. M. Billinger Mr. T. Mohr Mr. E. Newton ABSENT: 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 Ms. Billinger, and CARRIED unanimously, that the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, September 24, 2003, be adopted, as amended. MOTION CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Mr. Mohr, seconded by Ms. Billinger, and CARRIED unanimously - that the agenda for the October 15, 2003 meeting be adopted. MOTION CARRIED 81 4. PICA 49/03 - Edencastle Mechanical Services 1731 Spruce Hill Road Part Lot 30, Plan 820 (Part 1, Plan 40R-9425) City of Pickering The applicant requests relief from Section 9.2.3 of Zoning By-law 3036, as further varied by PICA 12/86, to permit the establishment of a minimum 0.2 metre north side yard width provided by the existing dwelling and proposed addition, whereas the by-law requires a minimum side yard width of 1.8 metres. The applicant requests approval of this variance in order to obtain a building permit for an addition to the front of 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 concerns. Comments were received from the City's Chief Building Official recommending the minimum setback be increased to ensure the proposed construction would not encroach on the neighbouring property. Mr. & Mrs. Kerr, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Kerr submitted photographs of the existing dwelling and outlined reasons for the variance request. He added that the dwelling on the northerly-abutting property was a reasonable distance from his home and his neighbours do not have any concerns. His intent is to construct an addition that would appear to be an extension of the existing dwelling. DECISION: Moved by Ms. Billinger, seconded by Mr. Mohr and CARRIED unanimously that - Application PICA 49/03 by Edencastle Mechanical Services, as outlined be APPROVED on the grounds that a proposed establishment of a minimum 0.2 metre north side yard width to be provided by the proposed 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 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 addition within two years of the date of this decision, or this decision shall become null and void. 82 5. PICA 50/03 Taiga Urban Developments Inc. 2004 Royal Road Part lot 20, 21, Plan 316 (Part 2, Plan 40R-1 0081) City of Pickering The applicant requests relief from Section 5(1)(b)(v) of Zoning By-law 3036, as amended by By-law 6123/03, to permit the establishment of a minimum 1.2 metre flankage side yard width to be provided by the proposed dwelling on the subject property, whereas the by-law requires a minimum flankage side yard width of 2.7 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed two-storey residential 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 concerns. Mr. Amit Gupta, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Gupta stated that the variance would allow for a more desirable overall design of the dwelling and streetscape. DECISION: Moved by Mr. Newton, seconded by Ms. Billinger, and carried unanimously that - PICA 50/03, by Taiga Urban Developments Inc., as outlined be APPROVED on the grounds that the proposed establishment of a minimum 1.2 metre flankage side yard width to be provided by the proposed 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 two-storey 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. 83 6. PICA 51/03 - Valleymede Building Corporation 1650 Major Oaks Block 107, Plan 40M-1413 Block 59, Plan 40M-1488 City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 2015/85: Section 5(1 )(b)(iv) to permit the establishment of a minimum 0.6 metre interior west side yard width provided by the proposed dwelling, whereas the by-law requires a minimum interior side yard width of 1.2 metres. Section 5(1 )(b)(xi) to permit the establishment of a minimum 1.2 metre separation between the proposed building and the existing building to the east, whereas the by-law states the minimum distance between buildings on adjacent lots shall not be less than 1.8 metres. The applicant requests approval of these variances in order to obtain a building permit for a detached residential 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 concerns. Written comments were also received from the Durham Catholic District School Board with no objections. Mr. Paul Miklas, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Miklas outlined reasons for the variance request adding that the proposed dwelling would enhance the existing streetscape. Mr. Mohr stated that he would not be supporting a 0.6 metre interior west side yard width variance since the dwelling has not yet been constructed and that the builder can be flexible and conform to the zoning by-law. Mr. Ashe, Mr. Newton and Ms. Billinger all stated that they would be supporting the 0.6 metre interior side yard width variance for the following reasons: - that a large portion of the interior side yard setback will be provided by the garage; - would still maintain a buffer space between dwellings; - the proposed interior side yard width would provide a reasonable width for a garage and more favourable design of the home. 84 MOTION: Moved by Mr. Mohr, seconded by Mr. Newton that Minor Variance Application PICA 51/03 by Valleymede Building Corporation, as outlined be: (a) REFUSED on the grounds that the proposed establishment of a minimum 0.6 metre interior west side yard width is a major variance that is not in keeping with the general intent and purpose of the Zoning By-law. Vote K. Ashe M. Billinger T. Mohr E. Newton opposed opposed in favour opposed MOTION DEFEATED (b) Minor Variance Application PICA 51/03 by Valleymede Building Corporation, as outlined be APPROVED on the grounds that the proposed establishment of a minimum 1.2 metre separation between buildings provided by the proposed dwelling is a minor variance, 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 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. Vote K.Ashe M. Billinger T. Mohr E. Newton MOTION CARRIED in favour in favour in favour in favour 85 MOTION: Moved by Ms. Billinger, seconded by Mr. Newton and CARRIED that - Minor Variance Application PICA 51/03 by Valleymede Building Corporation, as outlined be APPROVED on the grounds that the proposed establishment of a minimum 0.6 metre interior west side yard width is a minor variance, 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. Vote K.Ashe M. Billinger T. Mohr E. Newton in favour in favour opposed in favour MOTION CARRIED 7. ADJOURNMENT MOTION: Moved by Mr. Newton, seconded by Ms. Billinger and CARRIED unanimously that- The 12th meeting of the Committee of Adjustment be adjourned at 7:55 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, November 5, 2003. MOTION CARRIED ~ì c:iJ S ¡ <:J:3 DATE - /~ ~.,~ . SECRETARY-TREASURER 86