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HomeMy WebLinkAboutMay 5, 2004MINUTES of the 6th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, May 5, 2004. PRESEN~ Marie Billinger Chris Braney David Johnson Eric Newton Bill Utton ALSO PRESEN~ Ross Pym, Assistant Secretary-Treasurer Flora Niro, Secretary-Treasurer The meeting convened at 7:06 p.m. in the Main Committee Room of the Civic Complex. 1. MATTERS ARISING FROM THE MINUTES The Secretary-Treasurer advised members that the minutes of April 14, 2004 incorrectly listed Walter Dawyd of 363 Chickadee Court as a resident in objection to the application submitted by Delco Homes Inc. Mr. Dawyd was present to make inquiries but was neither in favour nor opposed to the application. Bill Utton requested that an amendment be made to the April 14, 2004 minutes to correctly reflect that Chris Braney and Bill Utton were both in favour of a motion that was put forward to table P/CA 16104 to P/CA 2704, by Delco Homes Inc. 2. ADOPTION OF MINUTES MOTION: Moved by Bill Utton, seconded by Marie Billinger and resolved unanimously, that the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, April 14, 2004, be adopted, as amended. CARRIED 3. ADOPTION OF AGENDA MOTION: Moved by Bill Utton, seconded by Marie Billinger and unanimously that the agenda for the May 5, 2004 meeting be adopted. CARRIED resolved 3] (Tabled from the April 14, 2004 meeting) P/CA 16/04 to P/CA 27/04 - Delco Homes Inc. 361 Chickadee Court * (Block 16, Plan 40M-1627) City of Pickering MOTION: Moved by Marie Billinger, seconded by David Johnson and resolved that Minor Variance Applications P/CA 16/04 to P/CA 27~04 by Delco Homes Inc. be lifted from the table. MOTION CARRIED 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. 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 received from the City's Fire Prevention Officer expressing no concerns. Written comments were received from John and Delrine Meehallage of 359 Chickadee Court and from Ann McBride of 367 Chickadee Court, both outlining concerns. Bob Martindale, agent, and Suu-dda Patkar, Architect, were present to represent the application. Mr. Walter Dawyd of 363 Chickadee Court was present to express concerns. In objection to the application were Brian Murphy of 367 Chickadee Court, Frank Lewis of 383 Chickadee Court, Delrine Meehallage of 359 Chickadee Court, James Keating of 355 Chickadee Court, Jeff Bowers, a Pickering resident, Shirley and Randy Knowles of 357 Chickadee Court, and Cathy Svendsen of 340 Chickadee Court. Bob Martindale approached the Committee with an illustration of the proposed development and advised that they have provided an additional 4 visitor parking spaces for the proposed development. They would also be providing a wooden privacy fence along the western property line. Mr. Martindale stated that grading issues will be addressed through the site plan approval process. He considers the variances minor in nature and believes that they meet all four tests of the Planning Act. Brian Murphy voiced his concerns with increased volume of traffic, parked cars and safety of children. He feels that an amendment to the zoning by-law is warranted and recommends that the developer hold a meeting for area residents in order to give residents an opportunity to provide their input with respect to the proposed development. Frank Lewis and Delrine Meehallage made comments with respect to the location of the privacy fence. Ms. Meehallage stated that her main concern is that the proposed building would block her view and that she would be looking at a blank wall. Walter Dawyd stated that he shares the concerns expressed by residents with respect to parking issues. He asked if it is possible to place "no parking" signs on Chickadee Court to help alleviate that situation. In response to a question, Ross Pym confirmed that parking signs are regulated through City Council. He outlined that process for area residents. James Keating concurred with the parking concerns expressed by residents, concerns with emergency vehicles accessing the neighbourhood, and suggested possibly permitting parking on only one side of Chickadee Court rather than no parking at all. He feels that the privacy fence provided by the developer is a good idea. Jeff Bowers suggested that the developer consider double car driveways for each dwelling unit to help alleviate the parking situations. Shirley Knowles made inquires with respect to fencing. Randy Knowles stated that in the past, parked cars have blocked access to his own property and that may become a reoccurring problem. 33 Cathy Svendsen made comments with respect to children safety. The proposed development will have children crossing two driveway entrances from the sidewalk. David Johnson stated that this Committee couldn't make changes to on-street parking by-laws and advised the residents that there are other avenues in order to address on street parking issues. Marie Billinger stated that the members did perform a site visit. She advised the public that the Committee takes the concerns expressed by area residents very seriously but that it is not within the Committee's jurisdiction to address the existing on-street parking concerns. DECISION: Moved by Bill Utton, seconded by Chris Braney and resolved unanimously that - Applications P/CA 16/04 to P/CA 27/04 by Delco Homes Inc., be APPROVED on the grounds that the proposed townhouse lots and semi-detached lots, which do not front on an opened public street maintained at public expense, townhouse lots with a minimum lot frontage of 0 metres, townhouse lots with a minimum unit width of 5.4 metres, townhouse lots with a minimum lot area of 140 square metres, a minimum front yard depth of 5.8 metres for a private garage, and a minimum two-way traffic aisle width of 6.0 metres, 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 development, as generally sited and outlined on the applicant's submitted plans with this application. That the applicant obtain site plan approval and building permits for the proposed townhouse units within two years of the date of this decision, or these variances shall become null and void. CARRIED N P/CA 29~04 -T. & P. Caverly 1010 Vistula Drive (Lot 547, Plan M-18) City of Pickering The applicant requests relief from Section 7.2.3 of Zoning By-law 2520 to permit a minimum 4.7 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. 34 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 received from the City's Fire Prevention Officer expressing no concerns. Comments were received from Kevin Ashe, City Councillor, Ward 1 indicating support for the application. Mr. John Kewell of Lifestyle Sunrooms was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by David Johnson, seconded by Bill Utton and resolved unanimously that - Application P/CA 29/04, by T. & P. Caverly be APPROVED on the grounds that the proposed minimum 4.7 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: That this variance apply only to the proposed sunroom addition, as generally sited and outlined on the applicant's submitted plans with this application. m 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. CARRIED P/CA 30~04 - D. & A. Persad 1771 Westcreek Drive (Lot 71, Plan 40M-1629) City of Pickering The applicants request relief from the following provisions of Zoning By-law 3036, as amended by By-law 2964~88: Section 5(1)(b)(vi) to permit a minimum 5.7 metre rear yard depth to be provided by the proposed roof over the existing deck, whereas the by-law requires a minimum rear yard depth of 7.5 metres. Section 5(1)(b)(vii) to permit a maximum lot coverage of 42% to be provided by the existing dwelling and covered deck on the subject property, whereas the by-law permits a maximum lot coverage of 38%. The applicants request approval of these variances in order to obtain a building permit to construct a roof over the existing deck 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 Fire Prevention Officer expressing no concerns. Mr. Danny Persad was present to represent the application. Also present was Maureen Sunter of 1773 Westcreek Drive, in favour of the application. DECISION: Moved by Marie Billinger, seconded by Chris Braney and resolved unanimously that - Application P/CA 30~04, by D. & A. Persad be APPROVED on the grounds that the proposed minimum 5.7 metre rear yard depth to be provided by the proposed covered deck and a maximum lot coverage of 42% to be provided by the existing dwelling and covered deck 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: CARRIED That these variances apply only to the proposed covered deck, 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 roof within two years of the date of this decision, or this decision shall become null and void. 7. ADJOURNMENT MOTION: Moved by Bill Utton, seconded by Marie Billinger and resolved unanimously that- The 6th meeting of the Committee of Adjustment be adjourned at 7:59 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, May 26, 2004. CARRIED DATE SECRETARY-TREASURER OHAIRMAN 37