HomeMy WebLinkAboutOctober 20, 2004MINUTES of the 13th meeting of the Committee of Adjustment held in the Main
Committee Room of the Pickering Civic Complex on Wednesday, October 20, 2004.
PRESENT:
Marie Billinger
Chris Braney
David Johnson
Eric Newton - Chair
Bill Utton
ALSO PRESENT:
Ross Pym, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Jean Finn - Observer
The meeting convened at 7:07 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 Marie Billinger
That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday,
September 29, 2004, be adopted as amended.
CARRIED UNANIMOUSLY
3. ADOPTION OF AGENDA
MOTION: Moved by Marie Billinger, seconded by Bill Utton
That the agenda for the October 20, 2004 meeting be adopted.
CARRIED UNANIMOUSLY
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P/CA 49/04 - North Park Nursing Home Limited
534 Rodd Avenue
(Con BF Range 2, Pt Lot 30, Now RP 40R6724, Part 1, 2 and RP 40R13001, Part 1)
City of Pickering
The applicant requests relief from the Section 4(5) of Zoning By-law 2511, as amended
by By-law 5092/97, to permit the interpretation of a "Religious Retreat Centre" to conform
to the definition of a "Retirement Home", whereas the "Retirement Home" definition shall
mean a residence providing accommodation primarily for retired persons or couples
where each private bedroom or living unit has a separate entrance from a common hall
but where common facilities for the preparation and consumption of food are provided
and common lounges, recreation rooms and medical care facilities may also be provided.
The applicant requests approval of this variance in order to permit the operation of a
Religious Retreat Centre under the definition of a Retirement Home.
The 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.
Michael Melling, agent, was present to represent the application. Nitin Shah the owner
was present in favour of the application. In objection of the application were Marie
Siragusa of 537 Rodd Avenue, Alex Morr of 540 Rodd Avenue, Joe Ferrara of 529
Rodd Avenue, Robert Dean and Catherine Robinson of 534 Rodd Avenue, Lynn West
of 548 Rodd Avenue, Mr Siragusa of 537A Rodd Avenue, Stephen Hiley of 312 Dyson
Road, Jack Pountney of 505 Bella Vista, Catherine Wyard of 1842 Cricket Lane, Judy
Plumber of 1400 The Esplanade, Ms. Steinwall of 556 Rodd Avenue, Greg & Anita
Mason of 544 Rodd Avenue.
Michael Melling stated that there would be no changes to the building structure and the
Retreat would offer rooms for one on one spiritual counseling.
Marie Siragusa requested clarification of Religious Retreat Centre and who the users
will be.
Alex Morr stated that this was not a minor variance and that it should be considered as
a major variance and requested clarification of Religious Retreat.
Joe Ferrara expressed a concern with increased traffic and noise and that the proposed
change in use will decrease property value.
Robert Dean a current resident of the Retirement Home stated he is concerned with all
the existing residents being forced to relocate.
Lynn West stated that this was not a minor variance and that it should be considered as
a major variance, requested clarification of Religious Retreat and noted she did not
receive a Notice of Public Meeting.
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Mr. Siragusa stated that this was not a minor variance and that it should be considered
as a major variance and requested clarification of Religious Retreat.
Stephen Hiley expressed concern with relocating existing residents and that he did not
receive Notice of Public Hearing.
Jack Pountney expressed concerned with increased traffic and requested information
on which religious group will operate the Religious Retreat Centre.
Catherine Wyard is related to a resident of the Retirement Home, and expressed
concern with access to park and which religious group will operate the Religious Retreat
Centre.
Judy Plumber is related to a resident of the Retirement Home, and expressed concern
with relocating existing residents.
Ms. Steinwall stated that she did not receive the Notice of Public Meeting.
Greg & Anita Mason stated that they did not receive the Notice of Public Meeting and
concerned with which religious group will operate the Religious Retreat Centre.
M. Melling advised that he will not reveal the religious group involved with the
application. He outlined that the Religious Retreat Centre will operate similar to the
Retirement Home both for short and long term stays. He also outlined there are no
traffic concerns.
David Johnson asked if all existing occupants will have to be vacated. The reply was
yes, the entire site for the Religious Retreat Centre.
Residents stated that this application should be before Council and not the Committee
of Adjustment. Further comments were that the application be tabled so more residents
who are opposed to the application could show up to this meeting.
MOTION: Moved by David Johnson, seconded by Bill Utton
That the Committee adjourn for an In-camera session.
CARRIED on a 4-1 vote
The Committee adjourned at 8:05pm.
The Committee reconvened at 8:15 pm.
MOTION: Moved by David Johnson, seconded by Bill Utton
That application P/CA 49/04 by North Park Nursing Home Limited, be REFUSED on the
grounds that the proposed interpretation of a "Retirement Home" to also include a
"Religious Retreat Centre" is a major variance that does not conform with the uses
permitted in the zoning by-law.
CARRIED UNANIMOUSLY
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P/CA 50/04 - Dimitmar Enterprises Ltd.
1294 Kingston Road
(South Part of Lot 23, Concession 1,40R10390, Part 11 to 16)
City of Pickering
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended by By-law 2175/86 and By-law 6180/03:
Section 5(1)(b)(vii) to permit 1937 square metres of gross leasable floor area, whereas
the by-law states that a maximum of 1605 square metres of gross leasable floor area is
permitted.
Section 5(1)(b)(ix)(c) to permit 884 square metres of gross leasable floor area for a
Restaurant Type-B, whereas the by-law states that a maximum of 776 square metres of
gross leasable floor area for a Restaurant Type-B is permitted.
Section 5.21(d) to permit a 2.8 metre parking setback from Kingston Road, whereas the
by-law requires a minimum 3.0 metre parking area setback from a road allowance.
The applicant requests approval of these variances in order to obtain site plan approval
and building permits to construct a patio addition to the existing restaurant.
The 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.
Nick Skentzos, agent, was present to represent the application. Jim Skentzos and
George Papapetrou were present in favour of the application.
N. Skentzos was concerned with Condition #2 of Staff's recommendation. He
considers the request for approval from the Region of Durham Land Division
Committee to be inappropriate since the agreement of both properties are to be owned
by the same owner but under different names.
MOTION: Moved by David Johnson, seconded by Bill Utton
That application P/CA 50/04 by Dimitmar Enterprises Ltd., be APPROVED on the
grounds that the proposed maximum gross leasable floor area of 1937 square metres,
the maximum gross leasable floor area of 884 square metres for a Restaurant Type-B,
and a minimum 2.8 metre parking area setback from Kingston Road, 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 Zoning By-law, and therefore
recommends approval of the proposed variance, subject to the following conditions:
1. That these variances apply only to the subject lands, as generally sited and
outlined on the applicant's submitted plans with this application.
That the applicant submits and receives approval of an application to the
Region of Durham Land Division Committee in order exchange access
easements within one year of the decision of the Committee of Adjustment,
or this decision will become null and void.
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That the applicant obtains site plan approval for the proposed patio addition
to the existing restaurant within one year of the decision of the Committee of
Adjustment, or this decision will become null and void.
That the applicant obtain a building permit and construct the proposed patio
addition to the existing restaurant within one year of the date of this decision,
or this decision shall become null and void.
CARRIED UNANIMOUSLY
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P/CA 51/04 - Rino Pelletier
1801 Fairport Road
(Lot 110, Plan 1051)
City of Pickering
The applicant requests relief from the following provision of Zoning By-law 3036:
Section 5.18(c)to permit a maximum garage height of 4.6 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 this variance in order to obtain a building permit for
the establishment of a detached garage on the subject property.
The 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.
Rino Pelletier, owner, was present to represent the application.
representation was present in favour of or in objection to the application.
No further
MOTION: Moved by Bill Utton, seconded by Marie Billinger
That application P/CA 51/04 by Rino Pelletier, be APPROVED on the grounds that the
proposed maximum garage height of 4.6 metres to be provided by the proposed
detached garage (approximately 8.5 metres by 11 metres in size), 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, and therefore
recommends approval of the proposed variance, subject to the following conditions:
1. That this variance apply only to the proposed detached garage, 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
detached garage within two years of the date of this decision, or this decision
shall become null and void.
CARRIED UNANIMOUSLY
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P/CA 52/04 - Kingswhite Properties Inc. & Kingsbriar Properties Inc.
778- 790 Kingston Road
(Part of Lot 28, Range 3, B.F.C.)
City of Pickering
The applicant requests relief from the following:
Section 5(2)(a)(i) of Zoning By-law 3036, as amended by By-law 5991/02, to permit a
building outside of Building Envelope B with a minimum 13.3 metre east side yard
setback and a minimum 10.5 metre setback from Building Envelope A, whereas the
by-law requires that buildings and structures shall be located entirely within Building
Envelope A and/or Building Envelope B.
The applicant requests approval of these variances in order to obtain site plan approval
and building permits for a 2559 square metre commercial development on the subject
property.
The 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.
Lorelei Jones, agent, was present to represent the application. John Ibbetson of
787 Sheppard Avenue was present in objection to the application and Sylvia Spencer of
771 Sheppard Avenue was also present but indicated that she is not for or against the
application but did have concern with the site layout.
John Ibbetson stated his house backs onto the subject property and expressed
concerns with the drive-thru, fencing, location of driving aisles that will connect to
abutting properties and the garbage bin location. He would like an eight foot fence at
the rear of the property.
S. Spencer noted the size of her property and that they have established a wood lot.
She requested certain site improvements to the subject property including a different
fence next to her property, a landscape strip abutting her property and orientation of the
driving aisles and the access easements with abutting commercial properties.
MOTION: Moved by Marie Billinger, seconded by Chris Braney
That application P/CA 52/04 by Kingswhite Properties Inc. & Kingsbriar Properties Inc.,
be APPROVED on the grounds that the proposed establishment of a minimum
13.3 metre east side yard setback to Building Envelope B, and to permit the southerly
extension of the proposed building by 3.0 metres so that the distance between Building
Envelope A and B is 10.5 metres to be 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, and therefore recommends
approval of the proposed variances, subject to the following conditions:
8O
That these variances apply only to the proposed commercial development 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 UNANIMOUSLY
P/CA 53/04 - Erin Muia
381 Dyson Road
(Lot 25, Plan 283)
City of Pickering
The applicant requests relief from the following provisions of Zoning By-law 3036:
Section 5.19(c) to permit a maximum accessory building height of 4.1 metres to be
provided by the proposed covered patio on the subject property, whereas the by-law
permits a maximum accessory building height of 3.5 metres in any residential zone.
Section 5.19(e) to permit a maximum accessory building lot coverage of 6.3% to be
provided by the proposed covered patio on the subject property, whereas the by-law
permits a maximum accessory building lot coverage of 5%.
The applicant requests approval of these variances in order to obtain a building permit
for the construction of the proposed covered patio.
The 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 expressing no concerns and from Fire Services
expressing concern with the application.
Written comments in objection to the application were received from Sharon & David Baker
of 380 Dyson Road, the Shotlander Family of 379 Dyson Road and Heather Roseveare of
380 Rosebank Road.
Floyd Babcock, of 384 Dyson Road, was present to represent the application, as Mr. Muia
is out of the country. Don Meeker of 377 Dyson Road, Sharon Baker of 380 Dyson Road
and Kelly Shotlander of 379 Dyson Road were present in objection of the application.
D. Meeker expressed a concern with over building on the property.
S. Baker expressed a concern with the height of proposed covered patio, and lot
coverage.
K. Shotlander expressed a concern with the height of proposed covered patio, higher
than the fence, and the loss of sunlight.
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MOTION: Moved by Bill Utton, seconded by Marie Billinger
That application P/CA 53/04 by Erin Muia, be APPROVED on the grounds that the
maximum accessory building lot coverage of 6.3% to be provided by the proposed
covered patio 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, and therefore recommends approval of the proposed variance, subject
to the following conditions:
1. That this variance apply only to the proposed patio, as generally sited and
outlined on the applicant's submitted plans with this application.
2. That the applicant obtain a building permit within two years of the date of this
decision, or this decision shall become null and void.
AND
The Planning & Development Department considers the proposed maximum accessory
building height of 4.1 metres to be provided by the proposed covered patio 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, and therefore
recommends refusal of the proposed variance.
CARRIED UNANIMOUSLY
9. ADJOURNMENT
MOTION: Moved by Marie Billinger, seconded by Bill Utton
That the 13th meeting of the Committee of Adjustment be adjourned at 9:36 p.m. and the
next meeting of the Committee of Adjustment be held on Wednesday, November 10, 2004.
CARRIED UNANIMOUSLY
DATE
AsS IST?~IT"~S-ECRETARY-TREAS U RE R
CHAIRMAN
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