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HomeMy WebLinkAboutSeptember 29, 2004Pending Adoption MINUTES of the 12th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, September 29, 2004. PRESENT: ALSO PRESEN~ Eric Newton (Chairperson) Marie Billinger Chris Braney David Johnson Bill Utton Ross Pym, Assistant Secretary-Treasurer Flora Niro, Secretary-Treasurer Lesley Dunne - Observer Jean Finn - Observer The meeting convened at 7:03 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 Bill Utton, seconded by David Johnson That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, August 18, 2004, be adopted. CARRIED UNANIMOUSLY 3. ADOPTION OF AGENDA MOTION: Moved by David Johnson, seconded by Bill Utton That the agenda for the Wednesday, September 29, 2004 meeting be amended to move item #8 as the first application for consideration. CARRIED UNANIMOUSLY 66 MOTION: Moved by David Johnson, seconded by Bill Utton That the agenda for the Wednesday, September 29, 2004 meeting be adopted, as amended. CARRIED UNANIMOUSLY P/CA 48~04 - Coughlan Homes 716 Sunbird Trail (Lot 54, Plan 40M-2208) City of Pickering The applicant requests relief from Section 4.(2)(k)(iii) of Zoning By-law 3036, as amended by By-law 6176/03, to permit a maximum garage entrance width of 4.9 metres, whereas the by-law permits a maximum width of a garage entrance of 3.1 metres. The applicant requests approval of this variance in order to obtain a building permit to permit a detached dwelling with attached garage 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 the City's Fire Prevention Officer, both expressing no concerns. Ron Halliday, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. MOTION: Moved by Bill Utton, seconded by David Johnson That application P/CA 48/04 by Coughlan Homes, be APPROVED on the grounds that the proposed maximum garage entrance width of 4.9 metres 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. CARRIED UNANIMOUSLY (Tabled at the August 18, 2004 meeting) P/CA 43/04 to P/CA 44/04 - Estate of Donald Arthur Rouse 1788 Appleview Road (Part Lot 56, Plan 1051) City of Pickering MOTION: Moved by Marie Billinger, seconded by David Johnson That P/CA 43/04 to P/CA 44~04, by Estate of Donald Arthur Rouse be lifted from the table. CARRIED UNANIMOUSLY The applicant requests relief from Section 9.2.1 of Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.0 metres provided by the proposed severed and retained parcels on the subject property, whereas the by-law requires a minimum lot frontage of 18.0 metres. The applicant requests approval of this variance in order to facilitate proposed severances. 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 City's Fire Prevention Officer, both expressing no concerns; Walter & Irene Feigl of 1794Appleview Road, both opposed to the application; Terrianne Teigen-Katsumi of 1782 Spartan Court, including a petition with signatures from area residents expressing no concerns with the severance of the subject property, but did express concerns with traffic on Appleview Road. Written comments were received from Toronto and Region Conservation Authority indicating no objections to the application. Bryan Harrison, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In reply to a question, Ross Pym advised that Staff would be in contact with the applicant to address the driveway issues expressed by residents. MOTION: Moved by David Johnson, seconded by Bill Utton That applications P/CA 43~04 to P/CA 44~04, by the Estate of Donald Arthur Rouse be APPROVED on the grounds that the proposed minimum lot frontage of 15.0 metres provided by the proposed severed and retained 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 conditions: 1. That the applicant finalize associated Land Severance Application LD 157/04, or this decision shall become null and void. That the applicant have regard to the recommendations of the Toronto and Region Conservation Authority as indicated in their letter dated September 17, 2004. CARRIED UNANIMOUSLY P/CA 45~04 - Katarina Bosnjak 1431 Highbush Trail (Lot 106, Plan 816) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036: Section 10.2.3 to permit the continuance of a minimum front yard depth of 5.6 metres provided by the existing dwelling, whereas the by-law requires a minimum front yard depth of 7.5 metres. Section 5.18(b)B to permit the continuance of a minimum rear yard depth of 0.8 of a metre and establish a minimum north side yard width of 0.6 of a metre provided by the existing detached garage, whereas the by-law states that all accessory structures greater than 1.8 metres in height shall be set back a minimum of 1.0 metres from all lot lines. The applicant requests approval of these variances in order to facilitate the proposed severance. 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. Marko Bosnjak and Tony Colangelo were present to represent the application. No further representation was present in favour of or in objection to the application. Tony Colangelo advised that the variances are to recognize existing situations. MOTION: Moved by Marie Billinger, seconded by Chris Braney That application P/CA 45~04 by Katarina Bosnjak, be APPROVED on the grounds that the proposed continuance of a minimum front yard depth of 5.6 metres provided by the existing dwelling, minimum rear yard depth of 0.8 of a metre and establishment of a minimum north side yard width of 0.6 of a metre provided by the existing detached 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: That these variances apply only to the existing dwelling and detached garage, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant finalize the associated land severance application or this decision shall become null and void. CARRIED UNANIMOUSLY P/CA 46~04 - J. & J. Wilson 4980 Sideline 6 (North Part of Lot 7, Concession 8) City of Pickering The applicant requests relief from Section 6.2.1 of Zoning By-law 3037, to permit a minimum lot area of 0.4 hectares provided by the severed parcel, whereas the by-law requires a minimum lot area of 0.8 hectares. The applicant requests approval of this variance in order to facilitate the proposed severance. 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 City's Fire Prevention Officer, both expressing no concerns. Written comments were received from the Region of Durham Health Department stating no objections. Michael Fowler, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Michael Fowler concurred with Staff's recommendation with the exception of Condition #2. He considers the request for payment of parkland dedication fee inappropriate since the house is existing and that the severance will result in no new housing development. Ross Pym stated that the owner is required to satisfy all municipal requirements when lots are created. The City's Parkland Dedication By-law requires that a contribution be made when there is the creation of new lots. MOTION: Moved by Bill Utton, seconded by David Johnson That application P/CA 46/04 by J. & J. Wilson, be APPROVED on the grounds that the proposed minimum lot area of 0.4 hectares provided by the severed parcel to be 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, and therefore recommends approval of the proposed variance, subject to the following condition: 1. That the applicant finalize associated Land Severance Application LD 228/03, or this decision shall become null and void. That the applicant satisfy the requirements of the City's Parkland Dedication By-law No. 5373/98 by submitting a certified cheque in the amount of $1,400.00 payable to the City of Pickering. CARRIED UNANIMOUSLY P/CA 47~04 - S. Gardner 1987 Glendale Drive (Lot 19, Plan 521) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036: Section 5.18(b) to permit a minimum 0.3 of a metre rear yard depth and north side yard width to be provided by the proposed shed on the subject property, whereas the by-law requires accessory structures be setback a minimum of 0.6 metres from all lot lines. Section 5.18(c) to permit a maximum garage height of 4.0 metres to be provided by the proposed detached garage on the subject property, whereas the by-law permits a maximum accessory building height of 3.5 metres in any residential zone. The applicant requests approval of these variances in order to obtain building permits for accessory buildings, being a detached garage and shed, on the subject property. 7] 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 concern that the proposed garage may be used for habitable living space. Sue and Jack Gardner, owners, were present to represent the application. June and Bernard Bonneau of 1991 Glendale Drive and Mr. Airey of 1968 Glendale Drive were present in favour of the application. C. & W. Witalis of 1981 Glendale Drive were present in objection to the application. Jack Gardner provided photographs illustrating views from the backyard, existing structures and similar garage structures in the neighbourhood. He submitted a letter which included names from 25 area residents indicating support for an additional foot of height to the garage and the location of the proposed shed. Jack Gardner outlined reasons for the variance which included compatibility with the existing streetscape and to accommodate the hinge recess of the garage doors. Their intent is to provide storage for lawn furniture and to accommodate seedlings for planting. June and Bernard Bonneau stated that they were in support of the garage structure as outlined on the plans. Mr. Airey feels the proposed garage would be compatible with the surrounding area and would be an asset to the community. Mr. Witalis stated that he is not opposed to the construction of a garage but did express concerns with the railing as shown on the submitted plans. He voiced concerns with lack of privacy and inquired as to the purpose of the balcony. The Gardners indicated that the balcony would provide space to move plants in a out of the garage and would not be used for recreational purposes. David Johnson revealed that the petition signed by area residents indicated an increase of garage height to be 1 foot, not 0.5 of a metre as per the Notice of Circulation. Sue Gardner acknowledged the miscalculation and asked if the Committee consider an amendment to the original request. Discussion followed with respect to an appropriate garage height. MOTION: Moved by Bill Utton, seconded by David Johnson That application P/CA 47/04 by S. Gardner, be APPROVED on the grounds that the proposed minimum 0.3 of a metre rear yard depth and north side yard width to be provided by the proposed shed 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: And That these variances apply only to the proposed shed, as generally sited and outlined on the applicant's submitted plans with this application. That the proposed maximum garage height of 4.0 metres to be provided by the proposed detached garage be REFUSED on the grounds that this is a major variance that is not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. MOTION: Moved by Marie Billinger to amend the motion on the table to allow for a maximum garage height of 3.8 metres. No seconder MOTION LOST MOTION: Moved by Bill Litton, seconded by David Johnson That application P/CA 47~04 by S. Gardner, be APPROVED on the grounds that the proposed minimum 0.3 of a metre rear yard depth and north side yard width to be provided by the proposed shed 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: And 1. That these variances apply only to the proposed shed, as generally sited and outlined on the applicant's submitted plans with this application. That the proposed maximum garage height of 4.0 metres to be provided by the proposed detached garage be REFUSED on the grounds that this is a major variance that is not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. CARRIED Vote Marie Billinger Chris Braney David Johnson Eric Newton Bill Utton opposed in favour in favour opposed in favour 73 9. APPOINTMENT OF SECRETARY-TREASURER MOTION: Moved by Bill Utton, seconded by David Johnson As a result of Flora Niro's resignation from the Committee of Adjustment, that Ross Pym be appointed as Secretary-Treasurer. CARRIED 10. APPOINTMENT OF ASSISTANT SECRETARY-TREASURER MOTION: Moved by David Johnson, seconded by Chris Braney As a result of Flora Niro's resignation from the Committee of Adjustment, that Lesley Dunne be appointed as Assistant Secretary-Treasurer. CARRIED 11. ACKNOWLEDGEMENT MOTION: Moved Marie Billinger, seconded by Eric Newton That the Committee of Adjustment extends a genuine gratitude to Flora Niro for all her work and commitment to the operation of the Committee. Flora's professionalism and dedication to ensuring the efficient operation of the Committee of Adjustment was truly appreciated. All members of the Committee wished Flora success in her new endeavours and a heartfelt thank you. CARRIED UNANIMOUSLY 12. ADJOURNMENT MOTION: Moved Marie Billinger, seconded by Bill Utton That the 12th meeting of the Committee of Adjustment be adjourned at 8:21 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, October 20, 2004. CARRIED UNANIMOUSLY DATE .~.SSI'STA~ EC RETARY-~REASU RER CHAIRMAN