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HomeMy WebLinkAboutSeptember 28, 2005MINUTES of the 13th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, September 28, 2005 and convened at 7:07 p.m. PRESEN~ ALSO PRESEN~ Marie Billinger Chris Braney David Johnson Eric Newton - Chair Bill Utton Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 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 7, 2005, be adopted as amended. CARRIED UNANIMOUSLY ADOPTION OF AGENDA MOTION: Moved by Bill Utton, seconded by Chris Braney That the agenda for the Wednesday, September 28, 2005 meeting be adopted. CARRIED UNANIMOUSLY 73 P/CA 48/05 - Michael McKenna 5436 Old Brock Road (Part of Lot 17, Concession 9) City of Pickering The applicant requests relief from Zoning By-law 3037, to permit a detached garage to be located in the north side yard that has a height of 4.3 metres whereas the by-law requires all accessory structures to be located in the rear yard and permits a maximum height for accessory buildings of 3.5 metres. The applicant requests approval of these variances in order to obtain a building permit for the proposed detached garage. The 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 the second storey "storage space must not be used as habitable space. Written comments were also received from both the Durham Region Health Department, and Toronto and Region Conservation Authority both expressing no objections. Michael McKenna, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from David Johnson, Michael McKenna explained the height of the proposed detached garage is to match the height of the house and will not be used as a habitable space. MOTION: Moved by Bill Utton, seconded by Marie Billinger That application P/CA 48/05 by Michael McKenna, be APPROVED on the grounds that the proposed detached garage having a height of 4.3 metres and being located in the north side yard 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, subject to the following conditions: 1. That these variances apply, only to the detached garage, as generally sited and outlined on the applicant's submitted plan with this application. That the applicant obtain a building permit and construct the proposed garage within one year of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 74 P/CA 49/05 - E. Pistritto 1871 Spruce Hill Road (Part of Lot 69, Plan 1041, Part 1, 40R210003) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a minimum south side yard width of 1.2 metres, whereas the by-law requires a minimum side yard width of 1.5 metres. The applicant requests approval of this variance in association with an application for consent under file LD 215/05 to create two separate lots from the existing property and to obtain a building permit for a proposed two-storey detached dwelling. 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 the City's Fire Prevention Officer, both expressing no concerns. Correspondence received from Richard Juchua of 1847 New Street in objection to the application. Grant Morris, agent, was present to represent the application, lan McCullough of 1787 Helm Street, lan Bowman of 1789 Helm Street and Malcolm Schell of 1957 Spruce Hill Road were present in objection to the application. Grant Morris explained to the Committee that he would like to Table the application until further notice. In response to a question from David Johnson, Ross Pym explained the tabling and re-notification process for an application. MOTION: Moved by David Johnson, seconded by Bill Utton That application P/CA 49/05 by E. Pistritto, be REFUSED on the grounds that a minimum south side yard width of 1.2 metres for the proposed dwelling 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 Official Plan and Zoning By-law. CARRIED Vote Marie Billinger Chris Braney David Johnson Eric Newton Bill Utton opposed in favour in favour opposed in favour 75 P/CA 50/05 - Miller Waste Durham Inc. 1220 Squires Beach Road (Part of Lots 8, 9, 11, 12, 14, 15, 17 and Part of Lot 18, Plan M-1040) City of Pickering The applicant requests relief from Zoning By-law 2511, to permit the construction of a compost facility on the subject property providing a total of 154 parking spaces on-site, whereas the by-law requires a total of 282 parking spaces to be provided on-site. The applicant has requested approval of this variance in order to obtain a Site Plan Approval and building permit for the proposed compost facility. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from both the City's Fire Prevention Officer, and Toronto and Region Conservation Authority both expressing no objections. Tom Jones, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Additional correspondence and drawings were received from Tom Jones clarifying the application and drawings. It was noted the maximum gross floor area of 15,781 square metres was incorrect and needed to be changed to 15,792 square metres that is required for a Building Permit for the Scale house as shown on the plan. In response to a question from David Johnson, Tom Jones explained the purpose of the ponds and they will not attract wildlife. MOTION: Moved by Chris Braney, seconded by Bill Utton That application P/CA 50/05 by Miller Waste Durham Inc., be APPROVED on the grounds that the proposed minimum 154 parking spaces is minor in nature, 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 the requested variance apply only to the waste transfer facility and proposed compost facility on the subject lands having a maximum gross floor area of 15,792 square metres as generally illustrated on the plans submitted with the application. That the owners obtain final site plan approval and complete all construction for Stage 1 of the construction facility within two years of this decision, or this decision shall become null and void. That the owners complete the construction of Stage 1 and Stage 2 of the compost facility within five years of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 76 P/CA 51/05 - Wayne & Pam Lunau 925 Krosno Boulevard (Lot 388, Plan M-11) City of Pickering The applicants request relief from Zoning By-law 2520 to permit the establishment of a minimum 5.5 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. The applicants request approval of this variance in order to obtain a building permit for the proposed sunroom to the rear of the existing dwelling. 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 the City's Fire Prevention Officer, both expressing no concerns. John Kewell, agent, Lifestyle Sunrooms, was present to represent the application. No further representation was present in favour of or in objection to the application. MOTION: Moved by Marie Billinger, seconded by Chris Braney That application P/CA 51/05 by Wayne & Para Lunau, be APPROVED on the grounds that the proposed 5.5 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: 1. That this variance apply only to the proposed sunroom addition, as generally sited and outlined on the applicant's submitted plans with this application. That the applicants obtain a building permit and construct the proposed sunroom addition within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 77 P/CA 52/05 - Sandy Davidson 1889 Malden Crescent (Part of Lot 591,40M-1039) (Parts 2 & 6, 40R-3292) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4402/73 and By-law 843/78 to permit the establishment of a minimum 0.08 of a metre east side yard width to be provided by the proposed sunroom addition, whereas the by-law requires a minimum side yard width of 1.2 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed sunroom addition to the rear of the existing dwelling. The 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. Written comments were also received from the City's Building Services, expressing the east elevation must comply with spatial separation requirements of the Ontario Building Code, have no openings and be constructed with non-combustible cladding. Correspondence received from Steve & Lorraine Woolstencroft of 1887 Malden Crescent (faxed in September 12, 2005) in support of the application, and after receiving the notice and further investigation submitted a letter (dated September 22, 2005) in objection to the application. Correspondence was also received from Gerald & Catherine Bell of 1891 Malden Crescent both in support of the proposed sunroom addition. Sandy Davidson, owner, was present to represent the application. John Kewell was present in favour of the application. Steve & Lorraine Woolstencroft of 1887 Malden Crescent was present in objection to the application. Sandy DaVidson outlined the application and presented pictures to the Committee of the proposed sunroom addition. In response to a question from Marie Billinger, Sandy Davidsion explained the proposed sunroom would be on the existing deck. Steve & Lorraine Woolstencroft expressed several concerns with the size of the proposed sunroom, blocking of the sun, maintenance of the sunroom and fence in the future and noted they are more than willing to work with Sandy Davidson and the City to come up with a mutual agreement. John Kewell noted that the applicant is willing to make an amendment to the application if that is what the Committee wanted. 78 MOTION: Moved by Bill Utton, seconded by Marie Billinger That application P/CA 52/05 by Sandy Davidson be TABLED until the next scheduled meeting of October 18, 2005 to give the applicant the opportunity to amend the application. CARRIED UNANIMOUSLY ADJOURNMENT MOTION: Moved by Marie Billinger, seconded by Bill Utton That the 13th meeting of the Committee of Adjustment be adjourned at 7:47 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, October 19, 2005. CARRIED UNANIMOUSLY Date Assistant Secretary-Treasurer Chairrr~an 79