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HomeMy WebLinkAboutAugust 20, 2008 Committee of Adjustment Meeting Minutes VVednesday,August20,2008 7:01 pm Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Susan Kular Eric Newton - Vice-Chair ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Keith Wilkinson (I) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Susan Kular That the agenda for the Wednesday, August 20, 2008 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Susan Kular Seconded by Eric Newton That the minutes of the 10th meeting of the Committee of Adjustment held Wednesday, July 30, 2008 be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes VVednesday,August20,2008 7:01 pm Main Committee Room (III) REP'ORTS 1. PICA 33/08 - C. Watson 1553 Dellbrook Avenue (Lot 76, Plan 40M-1513) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1975/85 to permit a reduced rear yard depth of 4.7 metres for a proposed rear deck addition attached to the existing dwelling, whereas the by-law requires a rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed deck addition. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from Councillor Rick Johnson in support of the application. A form letter signed by eleven surrounding neighbours was also received in support of the application. No representation was present to represent the application. Olinto DeSouza of 1555 Dellbrook Avenue was present in objection to the application. Olinto DeSouza expressed several concerns with the proposed rear deck, the deck has already been constructed without a building permit, and there is a stop work order on the property. Olinto DeSouza is also concerned with the loss of privacy and property value for resale and that the deck is not in character with the neighbourhood. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 33/08 by C. Watson, be DEFERRED until the next meeting to allow City staff to provide building permit-violation information to the Committee. CARRIED UNANIMOUSLY 2 PI Committee of Adjustment Meeting Minutes VVednesday,August20,2008 7:01 pm Main Committee Room 2. PICA 34/08 - S. Towers & M. Thayne 996 Vistula Drive (Lot 554, Plan M 18) City of Pickering The applicant requests relief from Zoning By-law 2520, to permit a 6.2 metre front yard depth to a proposed two car garage attached to an existing dwelling, whereas the by-law requires a front yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed attached garage. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. No written comments were received from circulated agencies/departments or the public on the application. S. Towers & M. Thayne, owners, were present to represent and explain 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 34/08 by S. Towers & M. Thayne, be APPROVED on the grounds that the proposed 6.2 metre front yard depth to a proposed garage attached to an existing 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 applies only to the proposed attached 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 construction within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 3 PI Committee of Adjustment Meeting Minutes VVednesday,August20,2008 7:01 pm Main Committee Room 3. PICA 35/08 - S. & M. Jandu 1722 Rockwood Drive. (Lot 4, Plan 40M-2164) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6005/02 to permit a reduced rear yard depth of 0.5 metre to an existing shed with an area of 13.4 square metres and a height of 2.7 metres, whereas the by-law requires a minimum rear yard depth of 1.0 metre for all accessory structures with an area greater than 10 square metres and/or a height greater than 1.8 metres. The applicant requests approval of this variance in order to bring the existing shed into compliance with the by-law. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Supervisor expressing no concerns providing the following conditions are adhered to: the removed swale is reinstated along the rear of the property as per the approved Subdivision Lot Grading Plan (SP-2000-04) and that the reinstated swale remains clear of debris and functioning at all times. Written comments were received from Councillor Rick Johnson and Ross & Doris Deebank of 1785 Pinegrove Avenue and Paul & Frances Maglietta of 1726 Rockwood Drive in support of the application. Written comments were also received from C. Wise of 1777 Pinegrove Avenue in objection to the application. Correspondence received from R. & D. Deebank indicates the shed does not overhang along the fence line and appears to have been well built and enhances the property values. Correspondence received from P. & F. Maglietta indicates the applicant has placed a weeping tile within a trench and covered it with drainage stone. The water is observed to be flowing smoothly and consistently from the weeping tile into the catch basin located in the northwest corner of the property. Correspondence received from C. Wise indicates several concerns stating the reduced setback sets a precedent for everyone in the area and encourages encroachment, the placement of the shed is likely contributing to the drainage problems in that yard and the yard to the west. 4 Committee of Adjustment Meeting Minutes VVednesday,August20,2008 7:01 pm Main Committee Room Surinder Jandu, owner, was present to represent the application. Ken & Jane Nishikawa of 1781 Pinegrove Avenue were present in objection to the application. Surinder Jandu explained the history of the property and provided pictures to the Committee to review. In response to a question from a Committee Member Surinder Jandu explained the shed is used for storage. Ken & Jane Nishikawa explained they have a problem with drainage on their property from the result of a culvert being removed by a neighbour and that the surrounding development has significantly altered the grading of the area. K. & J. Nishikawa also indicated they are opposed to the shed location as it impacts a near by catch basin and expressed concern with the fill used on abutting properties. They provided pictures to the Committee to review. Moved by Kevin Ashe Seconded by Susan Kular That application PICA 35/08 by S. & M. Jandu, be APPROVED on the grounds that a reduced rear yard depth of 0.5 metre to the existing shed 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 existing shed, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the removed swale be reinstated along the rear of the property as per the approved Subdivision Lot Grading Plan (SP-2000-04) within six months of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 5 PI Committee of Adjustment Meeting Minutes VVednesday,August20,2008 7:01 pm Main Committee Room (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Eric Newton That the 11th meeting of 2008 the Committee of Adjustment be adjourned at 7:37 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 10, 2008. CARRIED UNANIMOUSLY Chair l J '. '/ ..,..[-?- 't..,-)"l.../ Assista Secretary-Treasurer 6