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HomeMy WebLinkAboutApril 16, 2008 Committee of Adjustment Meeting Minutes Wednesday, April 16, 2008 7 :04 pm Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Susan Kular (I) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, April 16, 2008 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, March 26,2008, be adopted. CARRIED UNANIMOUSLY 1 -"""'~""""..~'*...,--""------~~""""'- Committee of Adjustment Meeting Minutes Wednesday, Apri/16, 2008 7:04 pm Main Committee Room (III) REPORTS 1. (Deferred at the March 26, 2008 meeting) PICA 12/08 - R. & M. Guy 3440 Ninth Concession Road Part of Lot 1, Concession 9 (Pat 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 stated that he received correspondence from Robert Guy notifying he is withdrawing the application. Sandra & Luke Andrews of 3400 Durham Road 5, Barbara Andrews of 3390 Durham Road 5 and Virginia Trevurza of 3480 Concession 9 were present in objection to the application. In response to a question from a Committee Member, the Secretary-Treasurer explained the applicant will have to comply with the zoning by-law. Moved by Eric Newton Seconded by Keith Wilkinson That application PICA 12/08 by R. & M. Guy be CLOSED as the applicant has withdrawn the application. CARRIED UNANIMOUSLY 2 Committee of Adjustment Meeting Minutes Wednesday, April 16, 2008 7:04 pm Main Committee Room 2. (Tabled at the March 5, 2008 meeting) PICA 07108 - St. Martin's Church 1203 S1. Martin's Drive (Parts 1 to 9, 40R-6153) City of Pickering Moved by Eric Newton Seconded by Keith Wilkinson That PICA 07/08 by St. Martin's Church be lifted from the table. CARRIED UNANIMOUSLY 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 (S1. 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. 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 subject to conditions. Peter Davidson, agent, was present to represent the application. Marin Lee of 1175 Tanzer Court, Stephanie Newitt of 1001 Albacore Manor, Kevin D'Souza of 1179 Tanzer Court, Carolyn Meecham of 1177 Tanzer Court were present in objection to the application. 3 Committee of Adjustment Meeting Minutes Wednesday, April 16, 2008 7:04 pm Main Committee Room Peter Davidson noted that he arranged a meeting with the surrounding neighbours (one neighbhour attended) to provided a better understanding for landscaping and improvements to the portable. Peter Davidson also met with the City's Chief Building Official to get a better understanding of the City's requirements. In response to questions from Committee Members, Peter Davidson understands all building code requirements still have to be met and wanted to seek approval from Committee prior to spending money on the design. Martin Lee expressed several concerns with the location and condition of the portable and indicated these types of buildings are subject to mold build up, the location of the portable is interfering with drainage and snow removal (pictures provided to the Committee), and needs to satisfy fire code requirements. Stephanie Newitt met with Peter Davidson to obtain a better understanding of the landscaping and look of the portable. Stephanie Newitt indicated she still has a concern with the portable not being anchored and the location. Kevin D'Souza expressed several concerns with the location, drainage, access for emergency services if needed, and noted flyers being distributed in the neighbourhood advertising the retail sales. Carolyn Meechem indicated she appreciates the charitable donation, however expressed concerns with the condition of the portable and how it will decrease property values for the surrounding neighbourhood. In response to a question from a Committee Member, the Secretary-Treasurer explained the applicant is allowed an accessory structure on the subject property and the City's Fire Services will be reviewing any plans that are submitted for a building permit or for site plan approval. Moved by Kevin Ashe Seconded by Keith Wilkinson That application PICA 07108 by S1. Martin's Church, be APPROVED on the grounds that 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 (S1. Martin's Church) 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: 4 Committee of Adjustment Meeting Minutes Wednesday, April 16, 2008 7:04 pm Main Committee Room 1. That this variance is only for the retailing of clothing and household articles in an accessory building that is associated with and operated by the church on the subject property. The retailing of food is prohibited within the accessory building. 2. That the applicant obtains a building permit within one year of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 3. PICA 14/08 - G. & D. Vass 1409 Colmar Avenue (Lot 768, Plan M12) City of Pickering The applicants request relief from Zoning By-law 2520 to permit reduced setbacks of 0.3 metres from the rear and side lot lines to a proposed detached garage, whereas the by-law requires accessory structures to be setback a minimum of 1.0 metre from all lot lines. The applicants request approval of these variances in order to obtain a building permit for the proposed detached garage. 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 advising of overhead utility wires and possible impact on existing vegetation. Andrew Vass, agent, was present to represent the application. A. Veldhoen of 691 Alderwood Place was present to obtain clarification on the application. Andrew Vass indicated that there is an easement on the property and has received consent for encroachment on the easement. Andrew Vass also indicated his desire to keep the proposed detached garage as close to the property line as possible. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 14/08 by G. & D. Vass, be APPROVED on the grounds that the revised reduced setback of 0.6 metres from the rear and side lot lines to a proposed detached garage 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 Zoning By-law, subject to the following conditions: 5 Committee of Adjustment Meeting Minutes Wednesday, April 16, 2008 7:04 pm Main Committee Room 1. That these variances apply only to the proposed detached garage, 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 garage within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 4. PICA 15/08 - S. & G. Jones 1801 Appleview Avenue (Part 2, 40R-19414) City of Pickering The applicants request relief from Zoning By-law 3036, as amended by By-law 5212/98, to permit a proposed detached garage to be located in the front yard of the subject property, whereas the by-law requires all accessory structures which are not part of the main building to be located in the rear yard. The applicants request approval of this variance in order to obtain a building permit for the proposed detached garage. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. No written comments were received from circulated agencies I departments or the public on the application. Susan & Gary Jones, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Gary Jones outlined the application, presented pictures to the Committee showing that the only location for the garage is in the front yard, and the proposed garage will be designed to blend in with the existing dwelling. In response to a question from a Committee Member, Gary Jones indicated it will not be a drive-thru garage. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 15/08 by S. & G. Jones, be DEFERRED until the next meeting in order to give the Committee Members an opportunity to visit the site. CARRIED UNANIMOUSLY 6 Committee of Adjustment Meeting Minutes Wednesday, April 16, 2008 7 :04 pm Main Committee Room 5. PICA 16/08 - D. & M. Roberts 461 Oakwood Drive (Lot 105, Plan M-350) City of Pickering The applicants request relief from Zoning By-law 3036, to permit a reduced lot frontage of 14.2 metres for a proposed severed lot, whereas the by-law requires a minimum lot frontage of 15.0 metres. The applicants requests approval of this variance in order to facilitate a land severance application to the Region of Durham Land Division Committee (Region of Durham File LD 042/08) for the proposed severed lot. 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. Aaron Knight, agent, was present to represent the application. Dean Brayiannis of 462 Oakwood Drive was present in objection to the application and Ed Madden of 466 Oakwood Drive was present to seek information on the application and clarification of the proposed development. Aaron Knight indicated that the Region of Durham Land Division Committee approved land severance application LD 042/08 at their meeting on Monday, April 14, 2008. In response to concerns from residents Aaron Knight indicated the several lot will not be used as a road. Dean Brayiannis expressed concern with lot size and questioned if the severed lot will be for a dwelling or road. Ed Madden expressed concern with the severed lot being constructed into a road instead of a dwelling. Moved by Kevin Ashe Seconded by Keith Wilkinson That application PICA 16/08 by D. & M. Roberts, be APPROVED on the grounds that the proposed lot frontage of 14.2 metres for the proposed severed lot 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 Zoning By-law, subject to the following conditions: 7 Committee of Adjustment Meeting Minutes Wednesday, April 16, 2008 7:04 pm Main Committee Room 1. That this variance applies only to the proposed severed lot, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicants receive approval and finalize associated land severance application LD 042/08 for the proposed severed lot or this decision shall become null and void. CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Keith Wilkinson That the 5th 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, May 7, 2008. CARRIED UNANIMOUSLY V'~'\ (~~{1l D a Date ~,. ; \ \.. I \ \.., .~-- I! ~ l'\ / \ .~ \(,' "-- -_----"'=---."L_~ Chair ~\ /-::, --. ~. :~ /)/1/{1 '/ '...../ ~c/ I L / ~ . Assistant Secretary-Treasurer 8