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HomeMy WebLinkAboutFebruary 14, 2007 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, February 14, 2007 7:03 pm Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Eric Newton Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Susan Kular (I) MATTERS ARISING AND ADOPTION OF MINUTES Moved by Kevin Ashe Seconded by Eric Newton There were no matters arising from the minutes. The minutes of the 1 st meeting of the Committee of Adjustment held Wednesday, January 24, 2007, be adopted as amended. CARRIED UNANIMOUSLY (II) ADOPTION OF AGENDA Moved by Kevin Ashe Seconded by Keith Wilkinson That the agenda for the Wednesday, February 14, 2007 meeting be adopted. CARRIED UNANIMOUSLY 1 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, February 14, 2007 7:03 pm Main Committee Room (III) REPORTS 1. PICA 62/06 - KN Property Management Ltd. 981 Brock Road South Part of Lot 18, Range 3 (40R-7994, Part 8 to Part 17) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5792/01 to permit a maximum of 75% of the gross leasable floor area of the existing building to be utilized for retail uses and financial institution uses, whereas the list of permitted uses in the by-law does not permit retail uses or financial institutional uses. The applicant requests approval of these variances In order to expand the number of uses on the property. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Economic Development, in support of the application. Grant Morris, agent, was present to represent the application. Davood Khaneghi, owner, was present in favour of the application. Grant Morris provided a history of the plaza, which has been in operation for the last 19 years and the owner is currently having difficultly renting units. The new median on Brock Road restricts entrance into the subject property. Grant Morris handed out a court decision noting that the Committee of Adjustment does have jurisdiction to deal with these types of applications, he also had a map showing all other retails uses in the area. In response to questions from the Committee Members, Grant Morris explained going to Council is a long process and owner does not currently have a tenant for the space. Councillor Dickerson was present in favour of the application and explained the road islands and curb cuts. In response to a question from a Committee Member the Secretary-Treasurer explained the by-laws and Section 45 2(b) of the Planning Act. 2 p ~ending Adoption Committee of Adjustment Meeting Minutes Wednesday, February 14, 2007 7:03 pm Main Committee Room Moved by Eric Newton Seconded by Keith Wilkinson That application PICA 62/06 by KN Property Management Ltd., be DEFERRED until the next meeting to review the application. CARRIED Vote Kevin Ashe David Johnson Eric Newton Keith Wilkinson opposed in favour in favour in favour 2. PICA 04/07 - Director Industrial Holdings Limited 699 Kingston Road Part of Lot 29, B.F.C. Range 3 (40R-9598, Parts 1 to 10,12,13,16,19 to 21,27 to 37) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended, to permit a "Retail Warehouse-Type B" within the existing building providing a minimum gross leasable floor area of 945 square metres, whereas the by-law defines a "Retail Warehouse-Type B" as a warehouse having a gross leasable floor area of at least 1400 square metres, but less than 5000 square metres. The applicant has requested approval of this variance in order to obtain a building permit for the establishment of a "Nevada Bob's" retail warehouse within the existing building. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Economic Development, in support of the application. Sam Salis, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 3 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, February 14, 2007 7:03 pm Main Committee Room Moved by Kevin Ashe Seconded by Keith Wilkinson That application PICA 04/07 by Director Industrial Holdings Limited, be APPROVED on the grounds that the proposed establishment of a 945 square metre "Retail Warehouse-Type B" within the existing building 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 "Retail Warehouse-Type B", providing a minimum gross leasable area of 945 square metres, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain a building permit and construct the proposed "Retail Warehouse-Type B" within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 3. PICA 05/07 to PICA 06/07 - Louisville Homes Limited 901 & 902 Rushton Road (Lot 1, 40M-2249 and Lot 18, 40M-2249) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-aw 560/05 to permit minimum flankage side yard widths of 2.7 metres for two proposed detached dwellings, whereas the by-law requires minimum flankage side yard widths of 4.5 metres. The applicant requests approval of these variances in order to obtain building permits for their construction. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from Rick Johnson, in support of the application. Written comments were also received from Mike & Fiona Chisholm in objection to the application. 4 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, February 14, 2007 7:03 pm Main Committee Room Krystina & Nick Lazaridis, owners, was present to represent the application. Mike & Fiona Chisholm of 1748 Fairport Road were present in objection to the application. Krystina Lazaridis explained the application and history of the development. The proposed detached dwellings would maintain the appearance and value on the street. Would like to complete the subdivision this year including the road and lot grading. Mike Chisholm is concerned with safety as more blindspots would be created at the corner, concern with the streetscape and clearing of tress on the subject property. In response to questions from the Committee Members the Secretary-Treasurer explained the 3.0 metre road widening allowance on Fairport Road. Moved by Kevin Ashe Seconded by Eric Newton That applications PICA 05/07 to PICA 06/07 by Louisville Homes Limited, be APPROVED on the grounds that the minimum flankage side yard widths of 2.7 metres for two proposed detached dwellings 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 these variances apply only to the proposed dwellings, as generally illustrated on the applicant's plans submitted with this application. 2. That the applicant obtain building permits and complete all construction of the proposed dwellings within two years of this decision, or the decisions shall become null and void. CARRIED Vote Kevin Ashe David Johnson Eric Newton Keith Wilkinson in favour in favour in favour opposed 5 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, February 14, 2007 7:03 pm Main Committee Room 4. PICA 07/07 - K. Redshaw 1791 Central Street (Lots 40 & 41, Plan 43) City of Pickering The applicant requests relief from Zoning By-law 3037, permit the construction of an addition to the existing dwelling providing a minimum front yard depth of 4.4 metres, a minimum flankage side yard width of 3.8 metres, and to permit a proposed accessory structure (detached garage) providing a maximum height of 4.4 metres, whereas the by-law requires a minimum front yard depth of 9.0 metres, a minimum flankage side yard width of 4.5 metres and permits a maximum height of 3.5 metres for accessory structures in a residential zone. The applicant requests approval of these variances in order to obtain a building permit for their construction. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the Councillor Rick Johnson and the Region of Durham Health Department, both expressing no objections. Eric Winterstein, agent, and Kenneth Redshaw, owner were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Kevin Ashe Seconded by Keith Wilkinson That application PICA 07/07 by K. Redshaw, be APPROVED on the grounds that the proposed minimum front yard dep""h of 4.4 metres, proposed minimum flankage side yard width of 3.8 metres, and proposed maximum height of 4.4 metres for an accessory structure (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: 1. That these variances apply only to the proposed addition and proposed accessory structure (detached garage), as generally sited and outlined on the applicant's submitted plans with this application. 6 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, February 14, 2007 7:03 pm Main Committee Room 2. That the applicant obtain a building permit and construct the proposed addition and accessory structure (detached garage) within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 5. PICA 08/07 - K. Wheeler 3120 Regional Road 5 (South Part of Lot 4, Concession 9) City of Pickering The applicant requests relief from Zoning By-law 3037, to permit the construction of an accessory structure (detached garage) located in the front yard of the property, whereas the by-law requires that any detached accessory structure to be located in the rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct the proposed garage. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the Councillor Rick Johnson and the Region of Durham Health Department, both expressing no objections. Danny Pettit, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Kevin Ashe That application PICA 08/07 by K. Wheeler, be APPROVED on the grounds that the accessory structure (detached garage) located in the front yard 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, subject to the following conditions: 7 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, February 14, 2007 7:03 pm Main Committee Room 1. That this variance apply only to the proposed accessory structure (detached garage), as generally sited and outlined on the applicant's submitted plans with this application. 2. 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 6. PICA 09/07 - S. & G. Boseovski 726 Kingston Road Part of Lot 28, Range 3, B.F.C. (Part 25 to Part 29 & Part 43, 40R-25653) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 3768/91, to allow the interpretation of the provisions of the by-law to permit a non-venting dry-cleaning establishment within the existing building, whereas the by-law does not permit a non-venting dry-cleaning establishment. The applicant requests approval of this variance in order to obtain a building permit for the existing building in order to establish a non-venting dry-cleaning business. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Economic Development, in support of the application. Steve Boseovski, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Steve Boseovski explained the space has been vacant for approximately 1 % years and it has been very difficult to lease and feels this is an ideal use for this corner property instead of a fast food or donut shop. He also explained the tenant needs to out of his current location in a couple of months, therefore a rezoning would take too long. 8 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, February 14, 2007 7:03 pm Main Committee Room In response to a question from a Committee Member the Secretary-Treasurer explained the current by-law on the subject property that does not allow the proposed use. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 09/07 by S. & G. Boseovski, be DEFERRED until the next meeting to have Members of Council provide their opinion on application. CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Eric Newton That the 2nd meeting of the Committee of Adjustment be adjourned at 8:13 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 7, 2007. CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer 9