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HomeMy WebLinkAboutMarch 5, 2008 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Susan Kular Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Susan Kular That the agenda for the Wednesday, March 5, 2008 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 2nd meeting of the Committee of Adjustment held Wednesday, February 23, be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room (III) REPORTS 1. (Tabled at the January 23, 2008 meeting) PICA 02/08 - 3906213 Canada Inc. - AMENDED 1936 Silicone Drive Lot 11, Plan 40M-1552 (Save and Except Parts 43, 44, 40R-22677) City of Pickering Moved by Eric Newton Seconded by Kevin Ashe That PICA 02/08 - 3906213 Canada Inc. be lifted from the table. CARRIED UNANIMOUSLY The applicant has amended the application and requests relief from Zoning By-law 2511, to permit the establishment of an industrial building on the property providing a reduced interior side yard width of 1.5 metres, a reduced flankage side yard width of 4.5 metres, a minimum of 25 parking spaces to be provided on the subject property for a building of 1,892 square metres, and to permit 44 percent of the total required parking spaces (11 spaces) to be located within the front yard, whereas the by-law requires a minimum side yard width of 7.5 metres, a minimum flankage side yard width of 7.5 metres, a minimum of 34 parking spaces for a 1,892 square metre building, and limits front yard parking to a maximum of 20 percent of the total required parking spaces (5 spaces). The applicant requests approval of these variances in order to obtain Site Plan approval and a building permit for the proposed construction. 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. Ahmad Zazo, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. 2 ""-~"",~_:_,,_',*...,, '--~''-'' f.",,,,C' ___ Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room Moved by Kevin Ashe Seconded by Keith Wilkinson That the amended application PICA 02/08 by 3906213 Canada Inc., be APPROVED on the grounds that the requested variances to permit a reduced interior side yard width of 1.5 metres, a reduced flankage side yard width of 4.5 metres, a minimum of 25 parking spaces to be provided for a building of 1,892 square metres, and 44 percent of the total required parking spaces to be located 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 conditions: 1. That these variances apply only to the proposed industrial development, as generally sited and outlined on the applicant's revised plans submitted with this application; 2. That the applicant obtains Site Plan approval and a building permit for the proposed industrial development within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 2. PICA 06/08 - J. & L. Morello 697 Marksbury Road (Lot 25, Plan 331) City of Pickering The applicants request relief from Zoning By-law 2511 to permit a reduced front yard depth of 5.5 metres to the existing dwelling and to permit a reduced north side yard width of 1.0 metre to a proposed one storey addition to the existing dwelling, whereas the by-law requires a minimum front yard depth of 7.5 metres and a minimum side yard width of 1.5 metres. The applicant requests approval of these variances in order to obtain a building permit for the proposed one storey addition. 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 Cassim Ebrahim of 689 Marksbury Road with no objections to the application. 3 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room Paul Whyte, agent, 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 06/08 by J. & L. Morello, be APPROVED on the grounds that the existing front yard depth of 5.5 metres and a proposed north side yard width of 1.0 metre 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 to the existing 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 one storey addition within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 3. PICA 07/08 - St. Martin's Church 1203 St. Martin's Drive (Parts 1 to 9, 40R-6153) City of Pickering The applicant requests relief from Zoning By-law 2511 as amended by By-laws 1200/80 and 1573/82 to permit the not-for-profit retail sales of clothing and household articles within an existing accessory building on the subject property in association with the existing place of worship (St. Martin's Church), whereas the by-law does not permit the retail sale of goods on the property. The applicant requests approval of this variance in order to obtain revised Site Plan approval and a building permit to accommodate a retail use within the subject accessory building. 4 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 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, from the Toronto Region Conservation Authority expressing no objections and from the City's Chief Building Official recommending refusal of the variance since the existing portable does not comply with the building code for retail use without significant alternation to the structure. Written comments were also received from George & Enid Bourner of 1210 Radom Street in favour of the application. Peter Davidson, agent, was present to represent the application. Roger Wade of 1210 Radom Street was present in favour of the application. Stephanie Newitt of 1001 Albacore Manor, Kevin D'Souza of 1179 Tanzer Court and Carolyn Meecham of 1177 Tanzer Court were present in objection to the application. In response to a question from the Committee Chair, Peter Davidson acknowledged the receipt of and understood the conditions outlined in the comment memo from the City's Chief Building Official. Peter Davidson explained the application and stated he is aware there is a concern with the visual appearance of the building and plans to repaint and landscape around it. In response to questions from the Committee Members, Peter Davidson advised the portable is a standard school portable (24'x32') and was delivered to the subject property August 31, 2007. He also provided an overview to Committee Members and those opposed to the application the conceptual design for the building. Peter Davidson also stated he will be willing to meet with neighbours to discuss their concerns with the location and appearance of the portable and City Building staff to discuss all requirements needed for a building permit. Roger Wade indicated the portable will be used for storage the majority of the time and the retail use will be limited and will provide a community service for those in the surrounding area. Stephanie Newitt indicated she is not opposed to the retail use of the portable however, expressed concerns with the location and requested the portable be relocated, and she also provided some background on the subject property. Kevin D'Souza indicated he is not opposed to the retail use of the portable, however has concerns with the size and location of the portable and requested it be relocated. 5 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room Carolyn Meecham expressed several concerns with the size, location and provided a photo to the Committee Members showing the view from her property. Carolyn Meecham is also concerned with decrease in property value, safety of small children having access under the portable and garbage being left over from church functions that may attract small animals. In response to questions from Committee Members the Secretary-Treasurer provided an oveNiew of the Ontario Building Code and permit process and advised the Committee this is not his area of expertise. Moved by Eric Newton Seconded by Susan Kular That application PICA 07/08 by St. Martin's Church, be TABLED to allow the applicant to meet with neighbours on the building appearance/location and Building Officials to discuss the Ontario Building Code requirements. CARRIED UNANIMOUSLY 4. PICA 08/08 - L. Willson 365 Kingston Road Part of Lot 2, Plan 350 (Part of Lot 2, 40R-15944) City of Pickering The applicant requests relief from Zoning By-law 3036 as amended by By-laws 2622/87, 4646/95 and 5299/98, to permit an outdoor area of 94 square metres to be used for the display and sales of seasonal produce / garden centre not in conjunction with a permitted use and to permit seasonal flower sales / garden centre on the subject property without a building, whereas the by-law permits a maximum outdoor area of 60 square metres to be used for the display and sales of seasonal produce in conjunction with a permitted use and only permits retail sales within enclosed buildings or structures. The applicant requests approval of these variances in order to obtain Site Plan approval and a building permit for the proposed seasonal flower sales centre / garden centre. 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 SupeNisor expressing no concerns. 6 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room No representation 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 Eric Newton That application PICA 08/08 by L. Willson be DEFERRED to the next meeting to allow the owner or agent to be present for the decision. CARRIED Vote Kevin Ashe David Johnson Susan Kular Eric Newton Keith Wilkinson opposed in favour in favour in favour in favour 5. PICA 09/08 - Glen Rouge Homes (Buckingham) Inc. 2298 Southcott Road (Lot 13, Plan 2344) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5548/99, to permit a reduced front yard depth of 3.4 metres to a covered front porch for an existing two storey dwelling, whereas the by-law requires a minimum front yard depth of 4.5 metres. The applicant requests approval of this variance in order to bring the existing two storey dwelling into compliance with the zoning by-law. Additional Information: Based on information provided on the as-built survey for this property, it appears that the actual front yard depth to an existing covered front porch is 3.3 metres, not 3.4 metres as submitted with the application. The application should be amended accordingly. 7 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room 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. Kirk Rowe, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Kirk Rowe agrees to amending the application for the front yard depth to 3.3 metres to an existing covered front porch. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 09/08 by Glen Rouge Homes (Buckingham) Inc., be APPROVED on the grounds that the amended request to permit the reduced front yard depth of 3.3 metres to an existing covered front porch 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 condition: 1. That this variance applies only to the covered front porch for the existing two storey dwelling, as generally sited and outlined on the applicant's submitted plans with this application. CARRIED UNANIMOUSLY 6. PICA 10108 - R. Szczurek 121 Finch Avenue (West Part of Lot 13, Plan 329) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a minimum front yard depth of 9.7 metres and a minimum east side yard width of 1.2 metres to a proposed garage addition attached to the existing dwelling, and to recognize a lot frontage of 22.8 metres and a lot area of 0.2 hectares, whereas the by-law requires a minimum front yard depth of 12.0 metres, a minimum side yard width of 3.0 metres, a minimum lot frontage of 60 metres and a minimum lot area of 0.8 hectares. The applicant requests approval of these variances in order to obtain a building permit for the proposed construction and to bring the existing lot into compliance with the by-law. 8 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room 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 from the Toronto Region Conservation Authority expressing no objections. Robert Szczurek, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Robert Szczurek submitted a form letter signed by seven surrounding neighbours stating they have no objections to the application. Moved by Keith Wilkinson Seconded by Susan Kular That application PICA 10/08 by R. Szczurek, be APPROVED on the grounds that the proposed minimum front yard depth of 9.7 metres, an east side yard width of 1.2 metres, a lot frontage of 22.8 metres and a lot area of 0.2 hectares 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 garage addition to the existing 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 garage addition within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 9 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room 7. PICA 11/08 - Indopak Inc. 875 Kingston Road Part of Lot 27, Range 3, B.F.C. (Parts 1, 2, & 3, 40R-8710) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6718/07 to permit a front yard depth of 0.0 metres to a glass canopy entry feature for the proposed ten storey mixed use building and a reduced setback of 0.0 metres from the front lot line for a portion of the associated surface parking area, including the drive aisle and two parking spaces, whereas the by-law requires a minimum front yard depth of 1.5 metres for all buildings and structures and requires a minimum parking lot setback of 3.0 metres to any zone line. The applicant requests approval of these variances in order to obtain Site Plan approval and a building permit for the proposed ten storey, mixed use 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. No representation 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 Keith Wilkinson That application PICA 11/08 by Indopak Inc. be DEFERRED to the next meeting to allow the owner or agent to be present for the decision. CARRIED Vote Kevin Ashe David Johnson Susan Kular Eric Newton Keith Wilkinson opposed in favour in favour in favour in favour 10 Committee of Adjustment Meeting Minutes Wednesday, March 5, 2008 7:03 pm Main Committee Room (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Eric Newton That the 3rd meeting of 2008 the Committee of Adjustment be adjourned at 8: 15 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 26, 2008. CARRIED UNANIMOUSLY ___ 'l\\csC~.~c~L ti I D~ Date F ~~'.<~,- . / "- /~./ '. <;)-1 '<_~' ,. /L.;. i. ------~.~ --- ----- ~ (~-") -~ Chair . Assistant Secretary-Treasurer 11