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HomeMy WebLinkAboutAugust 1, 2007 ,~ Committee of Adjustment Meeting Minutes VVednesday, August 1, 2007 7:02 pm Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Susan Kular Keith Wilkinson ALSO PRESENT: Lynda Taylor, Manager, Development Review Rick Cefaratti, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer - ABSENT: Eric Newton Ross Pym, Secretary-Treasurer (I) ADOPTION OF MINUTES Moved by Keith Wilkinson Seconded by Susan Kular That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, July 11,2007, be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF AGENDA Moved by Keith Wilkinson Seconded by Kevin Ashe That the agenda for the Wednesday, August 1, 2007 meeting be adopted. CARRIED UNANIMOUSLY - 1 .. - Committee of Adjustment Meeting Minutes Wednesday, August 1, 2007 ~. 7:02 pm Main Committee Room (III) REPORTS 1 . (Deferred from the July 11, 2007 meeting) PICA 37/07 - 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. Jackie Rodney, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Jackie Rodney indicated the walkout is for safety reasons to access storage, was not aware a building permit was required and agreed to submit a letter clarifying the use of basement for the subject dwelling. ..-' 2 - ,- - Committee of Adjustment Meeting Minutes VVednesday,August1,2007 7:02 pm Main Committee Room Moved by Kevin Ashe Seconded by Keith Wilkinson That application PICA 37/07 by Mary Ann Whalen, be APPROVED on the grounds that the flankage side yard width of 2.2 metres 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 covered walkout, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the existing construction within six months of the date of this decision, or this decision shall become null and void. 3. That the applicant submits a letter clarifying the existing use of the basement for the subject dwelling. CARRIED UNANIMOUSLY 2. (Deferred from the July 11, 2007 meeting) 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. 3 . Committee of Adjustment Meeting Minutes Wednesday, August 1,2007 ...-'. 7:02 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. Donna Eden of 1995 Pine Grove Avenue, Bob & Susan Brown of 286 Tranquil Court, Pierre Lepage & Pam Moore of 287 Tranquil Court, Mario & Suzanne Liscio of 283 Tranquil Court, Rob Gonsalves of 284 Tranquil Court and John Will of 289 Tranquil Court were present in objection to the application. Councillor Pickles was also present and indicated he was not in favour of or in objection to the application, he was seeking clarification of matter respecting the proposal. -. Russ Cheeseman outlined the 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. In response to questions from the Committee and concerned residents, Russ Cheeseman stated residential parking will be provided underground, and a traffic study had been done and indicated no impact on Altona Road and Pine Grove Avenue. Russ Cheeseman also indicated Altona Road is being widened (2008). The garbage location/collection and disabil.ity parking will be looked at through the Site Plan process. Paul Johnston indicated the original plan was for a greater commercial building and a 5-storey apartment building and feels the new owners have addressed neighbourhood compatibility with the townhouse design. ..-. 4 - Committee of Adjustment Meeting Minutes VVednesday,August1,2007 7:02 pm Main Committee Room Donna Eden requested clarification on the location of parking, would like to see the traffic study redone at a different time of year (winter) and does not agree with current traffic study submitted with application. 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 storage/pick-up for the commercial units. Residents on Tranquil Court expressed all the same concerns with the limited amount of parking, garbage and delivery trucks access, higher density and the increase in traffic. The residents also expressed concern with the validity and conclusions of the traffic study. - In response to a question from Councillor Pickles, the Assistant Secretary- Treasurer explained the 177 dwelling units is for the subject property and surrounding area, and the number of dwelling units being increased is 39 with 21 of them above the commercial component. Councillor Pickles advised he would like to see the neighbourhood completed and stated he is on the Site Plan Committee and is now aware of residents' concerns. Councillor Pickles also indicated there are some good changes and some concerns and the concerns can be looked at through the Site Plan process. Moved by Kevin Ashe Seconded by Keith Wilkinson That application PICA 39/07 by Grand Communities (Altona) Corporation, be APPROVED on the grounds that the requested maximum of 177 dwelling units, the minimum aggregate Gross Leasable Floor Area of 700 square metres 'for non-residential uses, a maximum of 17 parking spaces within a landscaped open space, and the inclusion of parking spaces, parking aisles or driveways within the definition for landscaped space area 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 buildings and proposed parking areas, as generally illustrated on the applicant's plans submitted with this application. 5 Committee of Adjustment Meeting Minutes VVednesday, August 1, 2007 ~ 7:02 pm Main Committee Room 2. That the applicant obtains final site plan approval and obtain building permits within two years of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY The Committee adjourned at 8:06 pm. The Committee reconvened at 8:08 pm. 3. PICA 41/07 - 897948 Ontario Ltd. 1830 Sandstone Manor Part of Lots 29 & 30, Range 3, BFC (Parts 1 to 9, 40R-10767) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 789/78 to permit side yard parking to be located a minimum of 1.0 metre -- from the side lot line and to provide a minimum of 98 parking spaces on the subject property, whereas the by-law requires side yard parking to be located a minimum of 7.5 metres from the side lot line and requires a minimum of 132 parking spaces on the subject property. The applicant requests approval of these variances in order to obtain revised site plan approval and a building permit for alterations to the property. 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 Toronto and Region Conservation Authority both, expressing no concerns and from Office. of Sustainability in support of the application. Written comments were also received from Brandcross Developments of 1815 Ironstone Manor in objection to the application. Robert Bauer, agent, was present to represent the application. Dawn Mitchell of 1815 Ironstone Manor was present in objection to the application. Robert Bauer outlined application and indicated 98 spaces are sufficient to accommodate shift parking for the manufacturing plant. Robert Bauer also indicated there will be no increase to the size of the building as they are adding ----./ mechanical equipment only. 6 - Committee of Adjustment Meeting Minutes VVednesday, August 1, 2007 7:02 pm Main Committee Room Dawn Mitchell provided written comments and outlined several concerns at the meeting the proposed parking and alterations are too close to property line, overflow parking and trespassing on their property, aesthetics of the neighbourhood will be affected and the increase of vehicle traffic. Dawn Mitchell also noted a desire to work with the applicant to find a mutual agreeable solution to any overflow parking problems, should they occur. Moved by Keith Wilkinson Seconded by Susan Kular - That application PICA 41/07 by 897948 Ontario Ltd., be APPROVED on the grounds that the side yard parking to be located a minimum of 1.0 metre from the side lot line and to provide a minimum of 98 parking spaces on the subject property 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, as generally sited and outlined on the side yard parking applicant's submitted plans with this application. 2. That the applicant obtains revised site plan approval within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 4. PICA 42/07 - C. Carter 4885 Victoria Street (Lot 43, Plan 43) City of Pickering - The applicant requests relief from Zoning By-law 3037 to recognize a lot area of 929 square metres, front yard depth of 1.5 metres to a fro'lt porch, and a flankage side yard width of 0.6 metres to the existing dwelling, whereas the by-law requires a minimum lot area of 1,390 square metres, a minimum front yard depth of 9.0 metres, and a minimum side yard width of 1.8 metres. The applicant also requests relief from Zoning By-law 3037 to permit a flankage side yard width of 0.9 metres to a proposed one storey addition, and a proposed green house structure to be located within the side yard of the subject property, whereas the by-law requires a minimum flanking side yard width of 1.8 metres and requires all accessory structures to be located in the rear yard. 7 Committee of Adjustment Meeting Minutes VVednesday,August1,2007 7:02 pm Main Committee Room ..-'. The applicant requests approval of these variances 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. Candace Carter, 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 Susan Kular That application PICA 42/07 by C. Carter, be APPROVED on the grounds that the existing lot area of 929 metres, front yard depth of 1.5 metres to a front porch, side yard width of 0.6 metres to the existing dwelling, a minimum flankage side yard width of 0.9 metres to a proposed one storey addition and a green ~ house structure within 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 addition and greenhouse structure, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY ----' 8 - Committee of Adjustment Meeting Minutes VVednesday, August 1, 2007 7:02 pm Main Committee Room (IV) ADJOURNMENT Moved by Keith Wilkinson Seconded by Susan Kular That the 10th meeting of the Committee of Adjustment be adjourned at 8:22 pm and the next meeting of the Committee of Adjustment be held on VVednesday,August22,2007. CARRIED UNANIMOUSLY - Date Chair ,,~ 9