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HomeMy WebLinkAboutMarch 26, 2008 Committee of Adjustment Meeting Minutes Wednesday, March 26, 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 26, 2008 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday, March 5, 2008, be adopted as amended. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes Wednesday, March 26, 2008 7:03 pm Main Committee Room (III) REPORTS 1 . (Deferred at the March 5, 2008 meeting) PICA 08/08 - L. Willson 365 Kingston Road Part Lot 2, Plan 350 (Part 1 & 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 Supervisor expressing no concerns. Nadia Peerzada, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Nadia Peerzada explained the sales of seasonal produce / garden centre will be weekdays and weekends and parking will be provided by the existing school parking lot on the subject property. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 08/08 by L. Willson, be APPROVED on the grounds that the 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 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: 2 Committee of Adjustment Meeting Minutes Wednesday, March 26, 2008 7:03 pm Main Committee Room 1. That these variances apply only to the proposed seasonal garden centre, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the seasonal garden centre be limited to a maximum of 94 square metres. 3. That the applicant obtains Site Plan approval prior to operating the proposed seasonal garden centre. 4. That the seasonal garden centre only be permitted to operate between May and September of each calendar year. CARRIED UNANIMOUSLY 2. (Deferred from the March 5, 2008 meeting) PICA 11/08 - Indopak Inc. 875 Kingston Road Part of Lot 27, Range 3, B.F.C. (Parts 1, 2 & 3, 40R-871 0) 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. Ned Allam, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 3 .~~""".:".:.l!!'" PI Committee of Adjustment Meeting Minutes ",' Wednesday, March 26, 2008 7:03 pm Main Committee Room Moved by Eric Newton Seconded by Susan Kular That application PICA 11/08 by Indopak Inc., be APPROVED on the grounds that the proposed front yard depth of 0.0 metres to a glass canopy entry feature for a 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 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 ten storey mixed use development, 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 mixed use development within three years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 3. (Tabled at the February 13,2008 meeting) PICA 04/08 - A. Sacco 1498 - 1500 Old Forest Road (Lot 124, Plan 816) City of Pickering Moved by Susan Kular Seconded by Eric Newton That PICA 04/08 - A. Sacco be lifted from the table. CARRIED UNANIMOUSLY The applicant requests relief from Zoning By-law 3036, to permit a reduced flankage side yard width 2.7 metres to a proposed dwelling, whereas the by-law requires a minimum flankage side yard width 4.5 metres. The applicant requests approval of this variance in order to facilitate the associated Land Severance application submitted to the Land Division Committee (Region of Durham File LD 08/08), and obtain a building permit for a proposed dwelling. 4 ___"':""I>i"",~"",,'-"'. Committee of Adjustment Meeting Minutes Wednesday, March 26, 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 and from Councillor Rick Johnson in support of the application. Written comments were also received from Leonard Ferguson of 1492 Old Forest Road expressing approval should not be granted until construction of the intersection of Sheppard Avenue and Old Forest Road is fully completed. AI Sacco, owner and Bryan Harrison, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. AI Sacco reviewed the application and indicated the proposed dwelling will be visually pleasing to the surrounding area. Moved by Keith Wilkinson Seconded by Eric Newton That application PICA 04/08 by A. Sacco, be APPROVED on the grounds that the proposed flankage side yard width of 2.7 metres to a proposed 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 apply only to the proposed severed lot, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant receive approval and finalize the severance application (LD 08/08), or this decision shall become null and void. CARRIED UNANIMOUSLY 5 Committee of Adjustment Meeting Minutes Wednesday, March 26, 2008 7:03 pm Main Committee Room 4. PICA 13/08 - A. Sacco 1498 - 1500 Old Forest Road (Lot 124, Plan 816) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a front yard depth of 5.5 metres to the existing dwelling and a maximum lot coverage of 36 percent for the proposed retained lot, whereas the by-law requires a minimum front yard depth 7.5 metres and permits a maximum lot coverage of 33 percent. The applicant requests approval of these variances in order to facilitate the associated Land Severance application submitted to the Land Division Committee (Region of Durham File LD 08/08), and obtain a building permit for a proposed dwelling. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. No written comments were received from circulated agencies/departments or the public on the application. AI Sacco, owner and Bryan Harrison, agent, 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 Susan Kular That application PICA 13/08 by A. Sacco, be APPROVED on the grounds that the front yard depth of 5.5 metres to the existing dwelling and a maximum lot coverage of 36 percent for the proposed retained lot 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 retained lot, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant receive approval and finalize the severance application (LD 08/08), or this decision shall become null and void. CARRIED UNANIMOUSLY 6 Committee of Adjustment Meeting Minutes Wednesday, March 26, 2008 7:03 pm Main Committee Room 5. PICA 12/08 - R. & M. Guy 3440 Ninth Concession Road Part of Lot 1, Concession 9 (Part 1, 40R-12297) City of Pickering The applicant requests relief from Zoning By-law 3037 to permit the operation of a machine shop supporting parts for agricultural equipment and golf course equipment in an accessory building on the subject property, whereas the by-law does not permit industrial uses (machine shop) on the property. The applicant requests approval of this variance in order to bring the existing machine shop operation into compliance with the zoning by-law. 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 Councillor Rick Johnson in support of the application and from Central Lake Ontario Conservation Authority indicating filling and grading on-site requires written permission from CLOCA. Written comments were also received from L. & S. Andrews of 3400 Durham Road 5 indicating they have no objection to the machine shop operation, however any approval should be granted only on a temporary basis. Robert & Margaret Guy, owner, were present to represent the application. Ron Guy was present in favour of the application. Barbara & Fred Andrews of 3390 Durham Road 5 were present in objection to the application. Robert Guy and Ron Guy explained the application and the Committee had an opportunity to review the pictures of the subject property and machine shop Mr. Guy had prepared ahead of time. Robert Guy explained the machine shop has computerized machines, they do not use chemicals and his business is not a tool-and-die operation. Robert Guy noted a temporary variance for three years minimum would be acceptable and the nature of the business will have no affect on the well water. Barbara Andrews expressed a concern with the zoning being changed to an industrial zone, and the affect the business will have on the well water. Barbara Andrews stated her concern was if the application was approved what would control the intensity of the industrial activity from increasing. 7 ,~'-;. -;"""-- -<;r-- --..-- ------,. Committee of Adjustment Meeting Minutes Wednesday, March 26, 2008 7:03 pm Main Committee Room In response to a question from a Committee member the Secretary-Treasurer explained if the variance is granted the current zoning does not change. Moved by Kevin Ashe Seconded by Susan Kular That application PICA 12/08 by R. & M. Guy, be DEFERRED until the next meeting in order to give the Committee Members an opportunity to visit the site. CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Eric Newton Seconded by Kevin Ashe That the 4th meeting of 2008 the Committee of Adjustment be adjourned at 7:46 pm and the next meeting of the Committee of Adjustment be held on Wednesday, April 16, 2008. CARRIED UNANIMOUSLY ~f\1lG{ C(j Date----- if ... j! "'. :1 " II ", ~!I \~~,,~ '\ / i Chair 8