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HomeMy WebLinkAboutApril 14, 2004MINUTES of the 5th meeting of the Committee of Adjustment held in the Council Chambers of the Pickering Civic Complex on Wednesday, April 14, 2004. PRESEN~ Marie Billinger Chris Braney David Johnson Eric Newton Bill Utton (Arrived 7:'10) ALSO PRESEN~ Ross Pym, Assistant Secretary-Treasurer Flora Niro, Secretary-Treasurer The meeting convened at 7:05 p.m. in the Council Chambers 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 David Johnson, seconded by Marie Billinger and resolved unanimously, that the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, March 24, 2004, be adopted. CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Marie Billinger, seconded by Chris Braney and resolved unanimously that the agenda for the April '14, 2004 meeting be adopted. CARRIED P/CA 13/04 to P/CA 14/04 - Ljuba Rasic 1874 Fairport Road Part Lot 6, Plan 819 (Part 2, Plan 40R-7176) City of Pickering The applicant requests relief from Section 9.2.1 of Zoning By-law 3036, as amended, to permit a minimum 17.5 metre lot frontages provided by the two proposed severed parcels on the subject property, whereas the by-law requires a minimum lot frontage of 18 metres. The applicant requests approval of these variances in order to facilitate proposed severances to permit two lots with reduced lot frontages 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 Fire Prevention Officer expressing no concerns. Mrs. Rasic, Mike Addante and S. Rasic were present to represent the application. No further representation was present in favour of or in objection to the application. Mrs. Rasic stated that she requires the variances in order to create two new lots for building. DECISION: Moved by Bill Utton, seconded by Chris Braney and resolved unanimously that - Application P/CA 13104 to P/CA 14/04 by Ljuba Rasic, be APPROVED on the grounds that the minimum 17.5 metre lot frontages provided by the two proposed severed parcels 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 condition: 1. That the applicant finalize associated Land Severance Applications LD 42~04 & LD 43~04, or this decision shall become null and void. CARRIED P/CA 15/04- M. & P. Hudson 1950 Parkside Drive Part Lot 397, Plan M-1059 (Part 1, 2, 3, Plan 40R-5530) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4407~73: Provision 2 of Schedule "B" to permit a maximum lot coverage of 37% to be provided by the existing dwelling and proposed addition on the subject property, whereas the by-law permits a maximum lot coverage of 33%. Schedule "B" to permit a minimum 1.8 metre rear yard depth to be provided by the proposed patio, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The Notice of Public Hearing letter sent out for this application indicated that the applicant proposes to establish a minimum 1.9 metre rear yard depth provided by the proposed patio, whereas the requested rear yard depth is 1.8 metres to allow some leeway for the actual construction. The applicants request approval of these variances in order to obtain a building permit for a proposed one-storey addition to the rear of the existing dwelling and a proposed patio 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 Fire Prevention Officer expressing no concerns. M. & P. Hudson, owners, and Guido Ronchin, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Ronchin provided letters from Donna Binns of 1948 Parkside Drive, Cynthia & James Garland of 1954 Parkside Drive, Kim Ngo and Thieu Cuong of 1952 Parkside Drive and Ken & Kathy Casher of 1935 Parkside Drive, all indicating support for the application. DECISION: Moved by Chris Braney, seconded by Bill Utton and resolved unanimously that - Application P/CA 15/04 by M. & P. Hudson, be APPROVED on the grounds that the proposed maximum lot coverage of 37% to be provided by the existing dwelling and proposed addition and minimum 1.8 metre rear yard depth to be provided by the proposed patio 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: That these variances apply only to the proposed addition and patio, as generally sited and outlined on the applicant's submitted plans with this application. That the applicant obtain a building permit and construct the proposed addition and patio within two years of the date of this decision, or this decision shall become null and void. CARRIED P/CA 16/04 to P/CA 27~04 - Delco Homes Inc. 361 Chickadee Court (Block 18, Plan 40M-1827) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4645/95: Section 5.6 to permit townhouse lots and semi-detached lots, which do not front on an opened public street maintained at public expense, whereas the by-law states that no person shall erect or use any building or structure on a lot which does not front on an opened public street maintained at public expense. Section 5(2)(b)(B) to permit townhouse lots with a minimum lot frontage of 0 metres, whereas the by-law requires a minimum lot frontage of 6.0 metres. Section 5(2)(i)(B)(ii) to permit townhouse lots with a minimum unit width of 5.4 metres, whereas the by-law requires a minimum unit width of 6.0 metres. Section 5(2)(a)(B) to permit townhouse lots with a minimum lot area of 140 square metres, whereas the by-law requires a minimum lot area of 180 square metres. Section 5(2)(j)(A) & Section 5(2)(j)(B) to permit a minimum front yard depth of 5.8 metres for a private garage, whereas the by-law requires a minimum 6.0 metre front yard depth from a private garage. 27 Section 2.2.1 to permit a minimum two-way traffic aisle width of 6.0 metres, whereas the by-law requires a minimum two-way traffic aisle width of 6.5 metres. The applicant has submitted these applications requesting approval of variances in order to obtain site plan approval and building permits for the proposed 10 freehold townhouse dwelling units and 2 semi-detached dwelling units 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 Fire Prevention Officer expressing no concerns. Bob Martindale and Tony Egi were present to represent the application. Mr. Walter Dawyd of 363 Chickadee Court was present to make inquiries. Also present was Delrine Meehallage of 359 Chickadee Court, Brian Murphy of 367 Chickadee Court, Frank Lewis of 383 Chickadee Court, Garry Woodrow of 347 Chickadee Court and George Cormaggi of 381 Chickadee Court, all in objection to the application. Mr. Martindale outlined reasons for the variances and feels that the variances pass the four tests of the Planning Act. He concurs with Staff's recommendation. Mr. Dawyd inquired as to road maintenance, snow removal, grass cutting and garbage removal. He expressed concerns with grading, drainage and parking. Mr. Murphy expressed concerns with traffic, parking and children safety. He requested that the applicant provide elongated driveways in order to accommodate additional parked vehicles. A letter signed by Ann McBride of 367 Chickadee Court was also submitted. Frank Lewis expressed concerns with traffic, parking, children safety and flooding occurring on the entrance to Altona Forest. Mr. Lewis requested that the applicant reduce the total number of units proposed for the site in order to address the traffic and parking concerns. Mr. Woodrow concurred with concerns voiced by area residents and made inquiries with respect to property maintenance. Ms. Meehallage voiced her dissatisfaction with her view impacted by the development. She expressed concerns with lack of fencing between her property and the subject property, possibility of decreased property value, traffic and parking issues. Tony Egi approached the Committee and any interested residents with drawings to discuss fencing and drainage concerns. Mr. Cormaggi expressed a concern with 12 townhouse units concentrated in a small corner property. In response to a question, Ross Pym outlined similar development within Pickering and the appropriateness of common element condominiums. Mr. Martindale stated that all issues voiced by area residents are property standards issues and not related to the variances. They would be addressed through the site plan approval process. MOTION: Moved by Marie Billinger, seconded by David Johnson and resolved unanimously that - Applications P/CA 16/04 to P/CA 27/04 by Delco Homes Inc., be TABLED for 3 weeks in order to give members an opportunity to visit the site. MOTION CARRIED P/CA 28~04 - P. Kukic 1574 Oakburn Street (Part 3, of Plan 40R-22481) City of Pickering The applicant requests relief from Section 10.2.6 of Zoning By-law 3036 to permit a maximum lot coverage of 37% to be provided by the proposed dwelling on the severed parcel, whereas the by-law permits a maximum lot coverage of 33%. The applicant requests approval of this variance in order to obtain a building permit for the construction of a proposed one-storey residential dwelling on the proposed severed parcel to be created through the associated land severance application. 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 City's Fire Prevention Officer, both expressing no concerns. Mr. Kukic, owner, was present to represent the application. Also present was Giovanni Conte of 1570 Oakburn Street, requesting clarification regarding the application. DECISION: Moved by Bill Utton, seconded by David Johnson and resolved unanimously that - Application P/CA 28/04 by P. Kukic, be APPROVED on the grounds that the proposed maximum lot coverage of 37% to be provided by the proposed dwelling on the severed parcel 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 dwelling, as generally sited and outlined on the applicant's submitted plans with this application. 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. 3. That the applicant finalize associated Land Severance Application LD 127103, or this decision shall become null and void. CARRIED 8. ADJOURNMENT MOTION: Moved by David Johnson, seconded by Marie Billinger and resolved unanimously that- The 5th meeting of the Committee of Adjustment be adjourned at 8:05 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, May 5, 2004. CARRIED DATE SECRETARY-TREASURER 3O