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HomeMy WebLinkAboutMarch 24, 2004 MINUTES of the 4th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, March 24, 2004. PRESENT: Marie Billinger Chris Braney David Johnson Eric Newton Bill Utton ALSO PRESENT: Lynda Taylor, Manager Development Review Geoff Romanowski, Planner 1 Flora Niro, Secretary-Treasurer The meeting convened at 7:00 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 Chris Braney, seconded by David Johnson and resolved unanimously that the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday, March 3, 2004, be adopted. CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Marie Billinger, seconded by Bill Utton and resolved unanimously that the agenda for the March 24, 2004 meeting be adopted. CARRIED 18 4. (Tabled from the November 26, 2003 meeting) PICA 55/03 - 2030606 Ontario Inc. 526 Rosebank Road Lott 88, Plan 350 City of Pickering MOTION: Moved by Marie Billinger, seconded by Bill Utton and resolved unanimously that PICA 55/03, by 2030606 Ontårio Inc. be lifted from the table. CARRIED The applicant requests relief from the following provisions of Zoning By-law 2511: Section 10.2.3 to permit the establishment of a minimum 5.1 metre rear yard depth to be provided by the existing dwelling on the proposed severed lands, whereas the by-law requires a minimum rear yard depth of 7.5 metres. Section 6.6(a) to permit the continuance of a minimum 2.8 metre flankage side yard width to be provided by the existing dwelling on the proposed severed lands, whereas the by-law requires a minimum flankage side yard width of 4.5 metres. The applicant requests approval of these variances in order to facilitate proposed severances. Geoff Romanowski, Planner for the City, 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 concerns. A written petition opposing the application was received from John & Catherine Honsberger of 588 Maitland Drive, Peter & Shirley Thompson of 590 Maitland Drive, Peter & Valerie Neumeyer of 592 Maitland Drive, Jim & Lori Bradley of 596 Maitland Drive, and Brian Gyde & Susan Oley of 594 Maitland Drive. Larry Macdonell, agent, was present to represent the application. Also present was John Honsberger of 588 Maitland Drive, in objection to the application. Mr. Macdonell advised the Committee that he requires the variances in order to fulfill conditions from the associated land severance applications. John Honsberger made the Committee aware of a petition signed by area residents opposing the application. He expressed concerns with poor maintenance of the existing property, property value and sidewalks. Mr. Honsberger stated that the applicant appears to be developing the subject property through land division rather than draft plan of subdivision. 19 Mr. Macdonell stated that he was required to revise his initial development proposal, which resulted in a reduction of proposed lots. Geoff Romanowski advised that any issues regarding property maintenance could be addressed through property standards and the City's By-law Department. DECISION: Moved by Bill Utton, seconded by Chris Braney and resolved unanimously that - Application PICA 55/03 by 2030606 Ontario Inc., be APPROVED on the grounds that the proposed establishment of a minimum 5.1 metre rear yard depth and continuance of a minimum 2.8 metre flankage side yard width to be provided by the existing dwelling on the proposed lot 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 the applicant finalize associated Land Severance Applications LD 103/03 & LD 104/03, or this decision shall become null and void. 2. That this variance apply only to the existing dwelling as generally sited and outlined on the applicant's submitted plans with this application. CARRIED 5. PICA 11/04 - Brockington Plaza Inc. 1725 Kingston Road Part Lot 18, Concession 1 (Plan 40R-8871, Part 1, Plan 40R-12634 Parts 3, 4) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 1895/84: Section 5(2)(a) to permit the establishment of a minimum 7.5 metre front yard depth to be provided by the proposed drive-thru restaurant, whereas the by-law requires a minimum front yard depth of 15 metres (from Bainbridge Drive). Section 5(2)(c) to permit the establishment of a minimum 9.1 metre flankage side yard width to be provided by the proposed drive-thru restaurant, whereas the by-law requires a minimum flankage side yard width of 15 metres (from Kingston Road). 20 The applicant requests approval of these variances in order to proceed in obtaining site plan approval and building permits for a free-standing drive-thru restaurant on the subject property. Geoff Romanowski, Planner for the City, 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 & Region Conservation Authority expressing no concerns. Written comments expressing concerns with garbage, fencing and noise were received from Lisa Broomfield of 1808 Bainbridge Drive and Anthony DuBreuil of 1802 Bainbridge Drive, both opposed to the application. Comments were received from Rick Johnson, Regional Councillor - Ward 3, in support of the application. Z. Schmerler and J. Weisz, owners, were present to represent the application. Mark Bradley of Tim Horton's was present in support of the application. Also present was Sandra Sproule of 1794 Bainbridge Drive, in objection to the application. Mr. Schmerler outlined reasons for the variance application. Mr. Weisz provided written comments and a proposed landscaping plan to the Committee. Sandra Sproule expressed concerns with noise, garbage, traffic and parking. Eric Newton advised that existing garbage issues could be addressed through the City's Customer Care Department. Mr. Bradley stated that there would be garbage enclosures attached to the main building. In response to the traffic and parking concern, they do not anticipate any conflict with the existing restaurants on the property since peak traffic for the proposed restaurant would be in the morning. Marie Billinger asked for clarification as to the main driveway entrances to the proposed restaurant. DECISION: Moved by Chris Braney, seconded by Bill Utton and resolved unanimously that - Application PICA 11/04 by Brockington Plaza Inc. be APPROVED on the grounds that the proposed establishment of a minimum 7.5 metre front yard depth and minimum 9.1 metre flankage side yard width to be provided by the proposed drive-thru restaurant 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 proposed drive-thru restaurant, as generally sited and outlined on the applicant's submitted plans with this application. 21 2. That the applicant obtain site plan approval and building permits within two years of the date of this decision, or this decision shall become null and void. 3. That as part of the site plan approval requirement in Condition 2, the applicant provide a landscape plan to satisfaction of the Director, Planning & Development, that includes, but not limited to, a planting layout and a planting schedule (species & quantity list) that provides appropriate buffering and screening along the Kingston Road flankage and Bainbridge Drive frontage. 4. That this variance supersede the previous minor variance decision. CARRIED 6. PICA 12/04 - 388270 Ontario Ltd. Runnymede Development Corp. Ltd. 1901 -1949 Bayly Street Part Lot 15,16, Range 3, B.F.C. (Part of Part 1, Plan 40R-2458) City of Pickering The applicant requests relief from Section 5.21.1 (3) of Zoning By-law 2511 to permit the establishment of a total of 450 parking spaces to be provided on the subject property, whereas the by-law requires a minimum of 1249 parking spaces on the subject property. The applicant requests approval of this variance in order to obtain site plan approval and building permits for a 66215 square metre warehouseldistribution facility with a 1791 square metre accessory office on the subject property. Geoff Romanowski, Planner for the City, outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Fire Prevention Officer, the City's Development Control Supervisor, and Bell Canada right-of-way, all expressing no objections. Comments were received from Kevin Ashe, City Councillor - Ward 1, in support of the application. Glenn Piotrowski, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Piotrowski stated that the facility will operate in 2 shifts and during each shift the peak number of employees will be approximately 450 persons. He provided site plan drawings to clarify entrance ways to the subject property. 22 DECISION: Moved by Marie Billinger, seconded by Chris Braney and resolved unanimously that Application PICA 12/04, by 388270 Ontario Ltd. be APPROVED on the grounds that the proposed establishment of a total of 450 parking spaces to be provided on the subject property 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 warehouseldistribution facility with accessory office, 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 within two years of the date of this decision, or this decision shall become null and void. CARRIED 7. ADJOURNMENT MOTION: Moved by David Johnson, seconded by Bill Utton and resolved unanimously that- The 4th meeting of the Committee of Adjustment be adjourned at 7:50 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, April 14, 2004. CARRIED ~ I~J()11 DA ~ A'lt1o . //¿ .. ~.Z-;7~-:õ?~--<'" ~ ~ /¿-,e;c-e""-7P 6" . CHAIRMAN:' SECRETARY~REASURER 23