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HomeMy WebLinkAboutAugust 22, 2007 Committee of Adjustment Meeting Minutes VVednesday,August22,2007 7:02 pm Council Chambers PRESENT: Kevin Ashe David Johnson - Chair Susan Kular Eric Newton Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) ADOPTION OF MINUTES Moved by Susan Kular Seconded by Kevin Ashe That the minutes of the 10th meeting of the Committee of Adjustment held Wednesday, August 1,2007, be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, August 22,2007 meeting be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes VVednesday, August 22, 2007 7:02 pm Council Chambers (III) REPORTS 1. PICA 44/07 - Linli Management Ltd. 776 Liverpool Road (Lot 10, Plan 432) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 1571/82 to permit a reduced front yard depth of 2.4 metres to a proposed outdoor patio ancillary to the existing restaurant, whereas the by-law requires a minimum front yard depth of 9.0 metres. The applicant requests approval of this variance in order to obtain Site Plan approval and a building permit for the proposed outdoor patio. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Coordinator, City Development with no objections. Written comments were also received from the City's Development Control Supervisor indicating the proposed patio will eliminate 4 parking spaces and will block the existing rear alley of free flow access along the rear of the building for delivery vehicles. Vaithilingam Vasanthakumar (Kumar), agent, and Paul Brady, 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 Eric Newton That application PICA 44/07 by Linli Management Ltd., be APPROVED on the grounds that the proposed front yard depth of 2.4 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 proposed outdoor patio, as generally sited and outlined on the applicant's submitted plans with this application. 2 Committee of Adjustment Meeting Minutes VVednesday,August22,2007 7:02 pm Council Chambers 2. That the applicant obtains Site Plan approval that shall include, but not be limited to, the operation of the outdoor patio in terms of hours of operation, noise, speakers and usable patio area, and a building permit for the proposed outdoor patio within two years of the date of this decision, or this decision shall become null and void. 3. That the maximum size for the proposed outdoor patio be limited to 70 square metres. CARRIED UNANIMOUSLY 2. PICA 45/07 - J. Mansey 943 Duncannon Drive (Lot 31, Plan 40M-1627) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2917/88, to permit a reduced rear yard depth of 6.2 metres to a proposed one storey sunroom addition, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed one storey sunroom addition. 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 expressing no concerns. Addison Rauh-Wasmund, 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 Susan Kular That application PICA 45/07 by J. Mansey, be APPROVED on the grounds that the proposed rear yard depth of 6.2 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: 3 Committee of Adjustment Meeting Minutes VVednesday, August 22, 2007 7:02 pm Council Chambers 1. That this variance applies only to the proposed one storey sunroom addition, 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 3. PICA 46/07 - 3906213 Canada Inc. 1936 Silicone Drive Lot 11, Plan 40M-1552 (Parts 43,44 and Part of Part 7, 40R-22677) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a reduced side yard width of 1.5 metres to a proposed industrial building, whereas the by-law requires a minimum side yard width of 7.5 metres. The application should be amended to permit a reduced front yard depth of 9.2 metres to the proposed building, whereas the by-law requires a minimum front yard depth of 15.0 metres. The applicant requires approval of these variances in order to obtain Site Plan approval and a building permit for the proposed industrial building. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Coordinator, City Development in support of the application. Ahmad Zazo, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Keith Wilkinson Seconded by Eric Newton That application PICA 46/07 by 3906213 Canada Inc., be APPROVED on the grounds that the amended request to permit a reduced side yard width of 1.5 metres and a reduced front yard depth of 9.2 metres to a proposed industrial building 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: 4 Committee of Adjustment Meeting Minutes VVednesday,August22,2007 7:02 pm Council Chambers 1. That these variances apply only to the proposed industrial building as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains Site Plan approval and a building permit for the proposed development within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 4. PICA 47/07 - Amos Ponds Developments Inc. 160 Nature Haven Crescent (Lot 15, Plan 40M-2343) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6528/05 to permit a maximum lot coverage of 41 percent for a proposed detached dwelling on the subject property, whereas the by-law permits a maximum lot coverage of 38 percent. The applicant requests approval of this variance in order to obtain a building permit to construct the proposed detached dwelling. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. The Secretary-Treasurer also indicated the application be amended to add a variance for a front yard encroachment of 2.0 metres, whereas the by-law permits a maximum front yard encroachment of 1.5 metres. No other comments were received from circulated agencies I departments or the public. Brian Majerus, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Susan Kular Seconded by Keith Wilkinson That application PICA 47/07 by Amos Ponds Developments Inc., be APPROVED on the grounds that the proposed lot coverage of 41 percent and front yard encroachment of 2.0 metres 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: 5 Committee of Adjustment Meeting Minutes VVednesdaylAugust22,2007 7:02 pm Council Chambers 1. That these variances apply only to the proposed detached dwelling, 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 detached dwelling within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 5. PICA 43/07 - S.R. & R. Bayridges Ltd. 1215 - 1235 Bayly Street (North Part of Block Y, Plan M16) (Part 1, and Parts 2 to 5, 40R-3'151) City of Pickering The applicant requests relief from Zoning By-law 2520, as amended by By-laws 6705/06 and 6786/07 to permit a maximum of 497 dwelling units for the proposed mixed use development on the subject property, whereas the by-law permits a maximum of 473 dwelling units on the subject property. The applicant requests approval of this variance in order to obtain Site Plan approval and building permits for the subject development. 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 expressing no concerns and the City's Coordinator, City Development in support of the application. William Friedman and Stephen Fagyas, agents, were present to represent the application. L. Wise, K. Devine, H. McKean, H. Stork, H, Robbins, J. Hammond, S. Quackenbush, A. Fillmore, H. Daubeny, M. Boyd of 1210 Radom Street, A. Moore, C. Goan of 1230 Radom Street, S. Carlevaris of 1310 Broadview Street, C. Montgomery of 230 Lapin Drive and P. Crawford of 867 Antonio Street were all present in objection to the application. 6 Committee of Adjustment Meeting Minutes 'Wednesday, August 22,2007 7:02 pm Council Chambers William Friedman and Stephen Fagyas both outlined the application and stated due to market conditions evolving, interest rates increasing and a further analysis of marketing activities reinforce that the demand for larger multi bedroom units are not as significant as was first determined. The additional units would be located within apartment building "B" and the proposed application would not produce an impact on parking, traffic, the neighbourhood environment, abutting neighbours, and is desirable and appropriate development of the subject lands. In response to questions from the Committee, William Friedman stated that one-bedroom units are to attract the professional consumer and the units would generate less people and traffic compared to two bedroom units. The parking continues to meet the zoning by-law requirements. He provided his opinion that the application satisfies the four tests for a Committee of Adjustment variance. Letitia Wise expressed concerns with increase traffic and disagrees with smaller units equaling afford a bility. Ken Devine stated he was not against redevelopment however disagreed with the process the applicant is going through order to develop the subject property. He also expressed concerns with increase traffic, surrounding streets already being used as shortcuts through the neighbourhood causing congestion and limited amount of parking. He suggested that the traffic study should be done at different times throughout the year and not during summer vacations. Susan Carlevaris, President of PESCA, indicated that the request to increase the higher density should be dealt through Council, disagreed with smaller units equals affordability, and that through the recent rezoning density/number of units was a major issue with the neighbourhood. Angeline Moore expressed concern with the increase in traffic. Jocelyne Hammond expressed concern with the increase in traffic and that this matter shall be dealt with by Council. Cammy Goan expressed concern with the increase in traffic. Carmen Montgomery expressed concerns with the limited amount of parking, and suggested thatthe higher density should be dealt through Council. This was a major variance. Hazel Daubeny is not against redevelopment of the subject site however seniors in the surrounding area will have to get in their cars to pick up groceries, which affects the environment and quality of life. Hazel Daubeny also expressed concerns with parking and informed the meeting that traffic was already a problem in the surrounding area. The traffic study should be done at different times throughout the year and not during summer vacations. 7 Committee of Adjustment Meeting Minutes VVednesday, August 22, 2007 7:02 pm Council Chambers Paul Crawford expressed the opinion that the higher density issue should be dealt with through Council. Committee Member, Kevin Ashe explained he is familiar with history on the subject property and stated the intend of the zoning by-law is to regulate height, shadowing, mixed use, and the increase in the number of units would not have a negative impact and the timeframe is not an issue. Moved by Kevin Ashe Seconded by Susan Kular That application PICA 43/07 by S.R. & R. Bayridges Ltd., be APPROVED on the grounds that the requested maximum of 497 dwelling units on the subject lands is a minor variance that 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 apply only to the subject lands, as generally illustrated on the applicant's plans submitted with this application. 2. That the applicant obtains final site plan approval within two years of this decision, or this decision shall become null and void. Yes Kevin Ashe Susan Kular No MOTION DEFEATED ON A RECORDED VOTE David Johnson Eric Newton Keith Wilkinson Moved by Eric Newton Seconded by Keith Wilkinson That application PICA 43/07 by S.R. & R. Bayridges Ltd., be REFUSE:D on the grounds that the requested maximum of 497 dwelling units on the subject lands is a major variance that is not desirable or appropriate for the development of the land and does not meet with the general intent and purpose of the Official Plan and the Zoning By-law. Yes David Johnson Eric Newton Keith Wilkinson No CARRIED ON A RECORDED VOTE Kevin AshlB Susan Kular 8 Committee of Adjustment Meeting Minutes VVednesday,August22,2007 7:02 pm Council Chambers (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Keith Wilkinson That the 11th meeting of the Committee of Adjustment be adjourned at 8:30 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 12,2007. CARRIED UNANIMOUSLY __~2~g-=JJ 0 ." ~7 ~yD- Chair Date .., Bi2 6 ,",/; /<~"70f/~ Assistant Secretary-Treasurer 9