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Home My WebLink AboutFebruary 1, 2006 MINUTES of the 2nd meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, February 1,2006 and convened at 7:05 p.m. PRESENT: Marie Billinger Chris Braney - Chair David Johnson Eric Newton Bill Utton ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 2. ADOPTION OF MINUTES MOTION: Moved by Marie Billinger seconded by David Johnson That the minutes of the 1 st meeting of the Committee of Adjustment held Wednesday, January 11,2006, be adopted as amended. CARRIED UNANIMOUSLY 3. ADOPTION OF AGENDA MOTION: Moved by Eric Newton seconded by Bill Utton That the agenda for the Wednesday, February 1, 2006 meeting be adopted. CARRIED UNANIMOUSLY 5 4. PICA 04/06 - Stefan Assmann Holdings Inc. 794 McKay Road (South Part of Lot 18, Range 3, BFC, now Part 1, RP 40R-1424) City of Pickering The applicant requests relief from the provisions of Zoning By-law 2511 to permit a total of 40 parking spaces to be provided on-site; whereas the by-law requires a minimum of 54 spaces to be provided for on-site. The applicant also requests 25 percent of the required parking spaces to be provided in the front yard (10 spaces) whereas the by-law permits a maximum of 20 percent of the required parking spaces to be provided in the front yard. The applicant requests approval of these variances in order to satisfy Site Plan Approval condition. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Corporate Promotions & Economic Development in support of the requested variances. No representation was present in favour of or in objection to the application. MOTION: Moved by Bill Utton seconded by Marie Billinger That application PICA 04/06 by Stefan Assmann Holdings Inc., be APPROVED on the grounds that the proposed reduction in parking to a minimum of 40 parking spaces and to permit 25 percent of the parking to be provided in the front 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 the Zoning By-law, subject to the following condition: 1. That these variances apply only to the parking arrangements, as generally sited and outlined on the applicant's submitted plans with this application. CARRIED UNANIMOUSLY 6 5. PICA 05/06 - 1094511 Ontario Inc. 1154 Kingston Road (Lot 7 and Part of Lot 6, Plan 489) City of Pickering The applicant requests relief from the provIsions of Zoning By-law 3036, as amended by By-law 6008/02, to permit the interpretation of a meal facilitation and preparation operation to conform to the definition of a business office or personal service use; whereas the By-law's definition of a business office, professional - non-medical or personal service use would not permit a meal facilitation and preparation business. The applicant requests approval of this variance for the purpose of obtaining a building permit for the proposed construction. 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 and from Corporate Promotions & Economic Development in support of the requested variance. John Moniz, owner, and Doug Dekker, proposed tenant, were present to represent the application. David Finnegan of 1711 Wollaston Court was present in objection to the application. John Moniz stated he understands the City's concerns however he disagrees and outlined the application explaining the variance is similar to a personal service. Doug Dekker handed out a presentation to the Committee members that provided information and clarification on the operation of the business. In response to questions Doug Dekker explained customers would book appointments for two-hour sessions (on-line, fax or phone), 2-10 people per class, 3-4 classes per day, meals are prepared at workstations and taken home with full cooking instructions. No cooking would occur on-site and no walk-in customers. David Finnegan supported the original zoning for the subject property and agrees that this is a major variance and should go to Council for approval. MOTION: Moved by Bill Utton seconded by David Johnson That application PICA 05/06 by 1094511 Ontario Inc., be REFUSED on the grounds that the requested interpretation of a meal facilitation and preparation operation to the definition of a business office or personal service use is a major variance that does not conform with the uses permitted in the by-law. CARRIED UNANIMOUSLY 7 6. PICA 06/06 to PICA 23/06 - 2047729 Ontario Inc. 1355 Altona Road (Part of Lot 1 & 2, Plan 228) City of Pickering The applicant requests relief from the provisions of Zoning By-law 3036, as amended by By-law 2658/88, to permit the development of 18 freehold townhouse dwelling units on the subject property. The proposed development is comprised of lots that will front onto a private condominium road; whereas the by-law requires all lots to provide frontage on an opened public street maintained at public expense. The applicant also requests that the lot frontage, lot area, front yard depth, rear yard depth, side yard width, flankage side yard width, and lot coverage of some or all of the lots be reduced; whereas the by-law requires minimum andlor maximum zoning requirements to be met as shown on the chart below. The applicant requests approval of these variances in order to satisfy conditions of Draft Plan Approval, Site Plan Approval and in order to obtain building permits in the future for the subject property. Application A )plicant's Proposal Frontage on Lot Lot area Lot Front Rear yard Side yard Flanking a public frontage coverage yard depth width side yard street depth width A B C D E F G H By-law Lots on a Minimum Minimum Maximum Minimum Minimum Minimum Minimum Requirement Dublic street 30m 4000 m2 33% 14.0m 7.5m 3.5m 3.5m PICA 06/06 Lot on 4.8 m on 103 mL 49% 3.3m 5.5m N/A 0.6m (Unit 1) private private street street PICA 07/06 Lot on 4.8 m on 103 mL 49% 3.3 m 5.5m N/A N/A (Unit 2) private private street street PICA 08/06 Lot on 4.8 m on 103 mL 49% 3.3 m 5.5m N/A N/A (Unit 3) private private street street PICA 09/06 Lot on 4.8 m on 103 mL 49% 3.3 m 5.5m 0.6m N/A (Unit 4) private private street street PICA 10106 Lot on 4.8 m on 103 mL 49% 3.3m 5.5 m 0.6m N/A (Unit 5) private private street street PICA 11/06 Lot on 4.8 m on 103 m2 49% 3.3 m 5.5m N/A N/A (Unit 6) private private street street PICA 12106 Lot on 4.8 m on 103 m2 49% 3.3m 5.5m N/A N/A (Unit 7) private private street street PICA 13/06 Lotan 4.8 m on 103 m2 49% 3.3 m 5.5 m N/A N/A (Unit 8) private private street street PICA 14/06 Lot on 4.8 m on 1 03 m2 49% 3.3 m 5.5m 0.6m N/A (Unit 9) private private street street PICA 15/06 Lotan 4.8 m on 126 m2 49% 3.3m 5.5m N/A 0.6m (Unit 10) private private street street 8 PICA 16/06 Laton 4.8 m on 103 mL 49% 3.3m 5.5 m N/A N/A (Unit 11) private private street street PICA 17/06 Lot on 4.8 m on 103 mL 49% 3.3 m 5.5m N/A N/A (Unit 12) private private street street PICA 18/06 Lot on 4.8 m on 103 mL 49% 3.3 m 5.5m 0.6m N/A (Unit 13) private private street street PICA 19/06 Lot on 4.8 m on 103 mL 49% 3.3m 5.5m 0.6m N/A (Unit 14) private private street street PICA 20106 Lot on 4.8 m on 103 mL 49% 3.3 m 5.5m N/A N/A (Unit 15) private private street street PICA 21/06 Lot on 4.8 m on 1 03 mL 49% 3.3 m 5.5m N/A N/A (Unit 16) private private street street PICA 22/06 Lot on 4.8 m on 103 mL 49% 3.3m 5.5m N/A N/A (Unit 17) private private street street PICA 23/06 Laton 4.8 m on 103 mL 49% 3.3 m 5.5m 0.6m N/A (Unit 18) private private street street 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 Toronto and Region Conservation Authority expressing no objections. John Perdue, agent, was present to represent the application. George Milnes of 1213 Fawndale Road, Gord Hull of 1217 Fawndale Road and Bill Wiffen of 1219 Fawndale Road were present in objection to the applications. John Perdue is representing Rose Valley Homes and explained the application has met all conditions of Draft Plan Approval and is currently going through the Site Plan process. George Milnes expressed concerns with over development of the site, increased traffic, increased noise, pollution, losing the peace and enjoyment of his own property. In response to a question George Milnes stated he had approached the City about a sound barrier fence and was not successful. Gord Hull expressed concerns with over crowding, noise, parking and pollution and stated that traffic would be a major issue. Gord Hull questioned why couldn't the number of units be reduced. Bill Wiffen expressed concerns with congestion of traffic, over crowding, decrease in property values, fire and emergency services access and snow removal within the development. In response to a question Ross Pym stated he was not aware of any traffic studies being done for this area and that one has not been requested for this application. 9 The Chair adjourned for an in-camera session. The Committee adjourned at 7:40 pm. The Committee reconvened at 7:45 pm. MOTION: Moved by Bill Utton seconded by Marie Billinger That application PICA 06/06 to PICA 23/06 by 2047729 Ontario Inc., be TABLED until the next meeting requesting John Purdue to provide streetscape drawings and to give the Committee members an opportunity to visit the site. CARRIED UNANIMOUSLY 7. ADJOURNMENT MOTION: Moved by David Johnson seconded by Bill Utton That the 2nd meeting of the Committee of Adjustment be adjourned at 7:48 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, February 22,2006. CARRIED UNANIMOUSLY .?z.ju/è6 Date ~~1 - Chair l~~ Assistant Secretary-Treasurer 10