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HomeMy WebLinkAboutJuly 11, 2007 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Eric Newton ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Susan Kular Keith Wilkinson (I) ADOPTION OF MINUTES Moved by Kevin Ashe Seconded by Eric Newton That the minutes of the 8th meeting of the Committee of Adjustment held Wednesday, June 20, 2007, be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF AGENDA Moved by Kevin Ashe Seconded by Eric Newton That the agenda for the Wednesday, July 11, 2007 meeting be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room (III) REPORTS 1. (Tabled from June 7, 2006 meeting) PICA 36/06 - Norman & Vivian Dobrich 50 Highway No.7 Part of Lot 35, Concession 6 (40R-12983, Part 1) City of Pickering Moved by Kevin Ashe Seconded by Eric Newton That PICA 36/06 by Norman & Vivian Dobrich be lifted from the table. CARRIED UNANIMOUSLY The applicant requests relief from Zoning By-law 3037, as amended by By-law 2676/88, to permit an increase in floor area for a recently constructed accessory dwelling unit located in the basement of a detached dwelling having a maximum floor area of 115 square metres, whereas the by-law permits a maximum floor area of 100 square metres for an accessory dwelling unit. The application has been amended to increase the floor area for the accessory dwelling unit from 110 square metres of floor area to a maximum of 115 square metres of floor area to more appropriately reflect the size of the accessory dwelling unit. The applicant requests approval of this variance in order to recognize the current situation on the property. 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, and the Region of Durham Health Department both expressing no objections to the application. Written comments were also received from Councillor Rick Johnson in support of the application. Norman Dobrich, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. 2 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room Moved by Kevin Ashe Seconded by Eric Newton That application PICA 36/06 by Norman & Vivian Dobrich, be APPROVED on the grounds that the requested increase in floor area to a maximum of 115 square metres for an accessory dwelling unit, being located in the basement of the detached dwelling, 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 applies only to the existing accessory dwelling unit, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit and registers the accessory dwelling unit, within one year of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 2. (Deferred from May 30, 2007 meeting) PICA 29/07 - A. Kakoullis & R. Ahrens 882 Finch Avenue (Part of Lot 27, Concession 2) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a maximum lot coverage of 33 percent to accommodate a proposed detached garage at the rear of the subject property, whereas the by-law permits a maximum lot coverage of 10 percent. The applicant requests approval of this variance in order to obtain 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, expressing no concerns. Written comments were also received from Terry J. Elliott of 892 Darwin Drive, in objection to the application. 3 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room Andy Kakoullis & Rosemary Ahrens, owners, were present to represent the application. S. Nagy & R. Squires of 872 Finch Avenue were present in favour of the application. Correspondence received from Terry Elliott expressed several concerns with the size of the proposed garage and would not be in character with the surrounding neighbourhood, the building could be used for non-residential purposes and would function as the main building on the subject property. Andy Kakoullis & Rosemary Ahrens amended the proposed lot coverage variance from 33 percent to 17 percent. In response to questions from the Committee, they explained the proposed garage is to provide storage for a trailer, two personal vehicles and two vintage cars. In response to questions from the Committee, the Secretary-Treasurer explained the difference between the lot coverage for the subject property and the surrounding residentially zoned lands. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 29/07 by A. Kakoullis & R. Ahrens, be APPROVED on the grounds that the revised proposed maximum lot coverage of 17 percent 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 applies only the proposed 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 4 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room 3. (Deferred from the June 20, 2007 meeting) PICA 37107 - Mary Ann Whalen 1570 Major Oaks Road (Lot 46, Plan 1509) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85 to recognize a flankage side yard width of 2.2 metres to a covered basement walkout, whereas the by-law requires a minimum flankage side yard width of 2.7 metres. The applicant requests approval of this variance in order to obtain a building permit for the existing 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, expressing no concerns and from Councillor Rick Johnson in support of the application. Written comments were received from the City's Chief Building Official (CBO) indicating the above grade construction was carried out without a permit. An Order to Comply was issued to the owner concerning this matter on December 5, 2006, and has not been complied with. The owner is required to obtain a building permit or alternatively remove the construction. The CBO questions the intended use of the basement space since there are no current apartment or business license registered at this location. Written comments were also received from the City's Fire Prevention Officer requesting a letter from the applicant clarifying the existing use of the basement for the subject dwelling and also advise that conversion of the basement area into an accessory dwelling unit would have to meet the requirements of the City's two-unit registration by-law. No representation was present in support of or in objection to the application. Moved by Eric Newton Seconded by Kevin Ashe That application PICA 37/07 by Mary Ann Whalen, be DEFERRED to the next meeting to allow the owner or agent to be present for the decision. CARRIED UNANIMOUSLY 5 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room 4. (Deferred from the June 20, 2007 meeting) PICA 38/07 - P. Greenhill 5041 Wixson Road (Part of Lot 25, Plan 12) (Part 1, 40R-9527) City of Pickering The applicant requests relief from Zoning By-law 3037 to permit a maximum height of 4.9 metres to a proposed two-storey detached garage, whereas the by-law permits a maximum height of 3.5 metres for an accessory structure. The applicant requests approval of this variance in order to obtain 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, expressing no concerns and from Councillor Rick Johnson in support of the application. Written comments were also received from the City's Fire Prevention Officer indicating the zoning by-law prohibits human habitation in an accessory building and it is recommended that the applicant apply for a zoning by-law amendment to accommodate the dwelling unit above the new garage. In this manner, safeguards I prescribed methods of construction required in the Ontario Building Code as part of the Building Permit process would be implemented I enforced by the Building Department, thereby ensuring that the building is safe for the occupants of the living area above the new garage. Robert Newton, agent, was present to represent the application. Eric Winterstein of 1752 Wellington Street was present in favour of the application. Robert Newton advised he had redesigned the drawings that show no plumbing and no human habitation for the proposed two-storey detached garage and presented them to the Committee for review. In response to questions from the Committee, Robert Newton indicated the garage is to provide storage, will maintain historical character and will be the same height as the original built in 1895. In response to a question from the Committee, Eric Winterstein indicated the proposed two-storey detached garage would be in keeping with the historical nature of Claremont and noted several other accessory buildings in the surrounding area are similar in height. Eric Windterstein also indicated the neighbours are in full support of the application. 6 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room Moved by Kevin Ashe Seconded by Eric Newton That application PICA 38/07 by P. Greenhill, be APPROVED on the grounds that the maximum height of 4.9 metres to a proposed two-storey detached garage is a minor variance that is desirable for the appropriate development of the land, and does meet with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the proposed two-storey 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 two-storey detached garage, within two years of the date of this decision, or this decision shall become null and void. 3. That the owner provide, with the building permit, written confirmation that the building will not be used for human habitation. CARRIED UNANIMOUSLY 5. PICA 39/07 - Grand Communities (Altona) Corporation 1870 Altona Road (pt Blk 69, Plan 40M-1700) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4366/93, to permit a mixed-use development on the subject property consisting of a maximum of 177 townhouse dwelling units and a minimum Gross Leasable Floor Area of 700 square metres for non-residential buildings, whereas the by-law permits a maximum of 138 dwelling units and requires a minimum Gross Leasable Floor Area of 940 square metres of for all non-residential buildings. In addition, the applicant requests that the definition for landscaped open space established in the amending by-law be varied to include any portion of a parking space, parking aisle, driveway or ramp, whereas the definition for landscaped open space established in the by-law does not include any portion of a parking space, parking aisle, driveway or ramp. The applicant further requests that a maximum of 17 parking spaces be permitted on the portion of the subject lands zoned "OS-A" - Open Space Zone, whereas the by-law permits a maximum of 15 parking spaces on the "OS-A" - Open Space Zone. 7 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room The applicant requests approval of these variances in order to obtain final Site Plan Approval and building permits for the construction. 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 no objections to the application. Written comments were also received from Susan Brown of 286 Tranquil Court in objection to the application. Written comments were also received from the City's Municipal Property & Engineering indicating a review of the submitted Traffic Impact Study would not affect the surrounding road network by the additional residential units, since Altona Road is a Regional Road, the Region of Durham should be consulted on the proposed access on Altona Road for operational impacts. Russ Cheeseman, agent, was present to represent the application. Russ Cheeseman noted that the project planner, Lori McPherson and Architect, Paul Johnston were present to respond to any questions. Bob & Susan Brown of 286 Tranquil Court, Donna Eden of 1995 Pine Grove Avenue and Stephen Huang of 1985 Pine Grove Avenue were present in objection to the application. Russ Cheeseman outlined application indicating the additional dwelling units would be within the height requirements and setbacks, no impact on traffic, residential parking will be provided underground, access for residential units will be from Altona Road and access for the commercial units will be from Pine Grove Avenue. The reduced gross leasable floor area for the commercial units would better suit the surrounding area and is in compliance with the building envelopes, height requirements and setbacks, and feels the application meets all four tests of the Planning Act. In response to questions from the Committee and concerned residents, Russ Cheeseman stated a traffic study had been done in March 2007 (submitted May 2007) during peak hours and resulted in no impact on Altona Road and Pine Grove Avenue. Bob & Susan Brown provided written comments and outlined several concerns at the meeting with the increase of traffic, the amount of dwelling units being proposed, the height of the dwelling units, residential parking and the garbage for the commercial units. 8 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room Donna Eden indicated that she lives in the first phase of the development, she also questioned the easement access and parking. Has concern with traffic and safety of small children in the existing development. Stephen Huang expressed concern with the increase traffic at Altona Road and Pine Grove Avenue. Moved by Kevin Ashe to APPROVE the application, no seconder. Moved by Eric Newton Seconded by Kevin Ashe That application PICA 39/07 by Grand Communities (Altona) Corporation, be DEFERRED to the next meeting to provide the Committee members an opportunity to review past history of the subject property. CARRIED UNANIMOUSLY 6. PICA 40107 - Z. Inshanally 1592 Harrowsmith Court (Blk 97, Plan 40M1513, Now RP 40R11609 Part 1,44 and Con 2) (pt Lot 21 Now RP 40R 11609 Part 2) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1975/85 to permit a minimum rear yard depth of 5.5 metres, and to permit a minimum flankage side yard width of 3.9 metres to a proposed rear one storey sunroom addition, and a 0.4 metre flankage side yard setback to an existing shed located in the flankage side yard, whereas the by-law requires a minimum rear yard depth of 7.5 metres, a minimum flankage side yard width of 7.5 metres, a minimum flankage side yard width of 1.0 metre for all accessory buildings greater than 1.8 metres in height and requires all accessory buildings which are not part of the main building to be erected in the rear yard. The applicant requests approval of these variances in order to obtain a building permit for a proposed rear yard sunroom and to bring the existing shed into compliance with the by-law. 9 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room 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, expressing no concerns and from Councillor Rick Johnson in support of the application. Zaman Inshanally, owner, was 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 Eric Newton That application PICA 40107 by Z. Inshanally, be APPROVED on the grounds that the minimum rear yard depth of 5.5 metres, a minimum flankage side yard width of 3.9 metres to a proposed rear one storey sun room, and a minimum flankage side yard width of 0.4 metre to an existing shed located in the 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 the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed one storey rear sunroom addition, and to the location of the existing shed, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains 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 10 Committee of Adjustment Meeting Minutes Wednesday, July 11, 2007 7:05 pm Main Committee Room (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Eric Newton That the 9th meeting of the Committee of Adjustment be adjourned at 8:46 pm and the next meeting of the Committee of Adjustment be held on Wednesday, August 1, 2007. CARRIED UNANIMOUSLY Date ~\.~~ ~ I 0'\ , , ~\2 I ",.. Chair ~~ Assistant Secretary-Treasurer 11