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HomeMy WebLinkAboutApril 3, 1996 ~~ OF PIQ J...O ~ ~--~ ~ di:Q - MINUTES of the 4th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, April 3, 1996. ,-,. PRESENT: Mr. P. White, Acting Chairman Councillor Rick Johnson Mr. N. DiLecce Mr. S. Smith ALSO PRESENT: Mr. J. Cole, Assistant Secretary-Treasurer Mrs. T. Reid, Planning Department The meeting convened at 7:00 p.m. in the Committee Room ofthe Civic Complex. 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 2. ADOPTION OF MINUTES MOTION: Moved by Mr. DiLecce, seconded by Mr. Johnson, and carried unanimously- That the minutes of the 3rd meeting of the Committee of Adjustment held March 13, 1996, be adopted. "-' 3. PICA - 10/96 - T. & B. Stergiadis Lot 11, Plan M-1206 Also known as 1525 Woodruff Crescent Town of Pickering The applicants request relief from the following provisions of the by-law: Section 10.3.1.C(v) of By-law 3036, as amended by By-law 1002/79, to permit a rear yard depth of 4.9 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres. Section 10.3.1.C(vii) of By-law 3036, as amended by By-law 1002/79, to permit a lot coverage of 36.3 percent, whereas the by-law requires a maximum lot coverage of 35 percent. The applicants have requested this variance application in order to obtain a building permit for a proposed one-storey, 32.65 square metre addition to the rear of the existing dwelling, which would not comply with the above-noted requirements of the zoning by-law. ,... The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and made reference to the letter received March 13, 1996 from Mr. McKechnie and Ms. Miller of 1883 Una Road and Ms. Powers of 1881 Una Road in objection to the application. Mr. Cole also made reference to letters received March 29, 1996, in favour of the application from the following persons: Mr. and Mrs. van de Bospoort of 1523 Woodruff Crescent; Mr. and Mrs. Amenta of 1521 Woodruff Crescent; Mr. & Mrs. Rychlewski of 1519 Woodruff Crescent; Mr. B. Jean of 1527 Woodruff Crescent; Mr. R. Young of 1529 Woodruff Crescent; Mr. & Mrs. Reid of 1525 Woodruff Crescent; J. P. McAlpine of 1879 Una Road; and M. Lindars of 1531 Woodruff Crescent. Mr. and Mrs. Stergiadis, owners, were present to represent the application. Mr. S. Smith, agent, and Mr. Amenta of 1521 Woodruff Crescent were present in favour of the application. Mr. McKechnie and Ms. Miller of 1883 Una Road, and Ms. Powers of 1881 Una Road, Mr. Plummer of 1887 Una Road and Mr. McCartney of 1891 Una Road were present in objection to the application. Mr. Stergiadis addressed comments from the Committee of Adjustment meeting of March 13, 1996. He presented photographs outlining the size of his rear yard and abutting properties. He stated that his intentions were to beautify his property by the addition to the rear of his home, and not to clutter the appearance of the property. '- Ms. Power of 1881 Una Road restated her concerns from the last meeting regarding grading and lot drainage problems. She indicated that this addition would extend the existing dwelling into the rear yard, very close to her own rear yard. She stated that she owns a semi-detached dwelling and her rear yard is already small; therefore, the addition to Mr. Stergiadis' home would create a "closed-in" effect. Ms. Powers also indicated that the new construction will not conform with the rest of the neighbourhood. All homes currently have linked fencing in the rear yards allowing full view of abutting neighbours. Mr. White indicated that the proposed addition would require a building permit and therefore, any construction would be carefully monitored by the Town. Mr. McKechnie stated that this proposed addition would reduce the rear yard so substantially that he feels it will only decrease property values in the future. Mr. Plummer, of 1887 Una Road indicated that he is not directly effected by Mr. Stergiadis' property; however, has strong concerns that approval of this variance application could set a precedent in the neighbourhood. Mr. DiLecce indicated to Mr. Plummer that each variance application must be considered individually by the Committee. One particular decision will not have an effect on another application. Each will be viewed on its own merits. ....... Mr. McKechnie also stated that he was opposed to the building materials selected for the addition. He indicated that the addition is one story, proposed to be part brick and part vinyl siding. He did not feel that this would conform with the overall appearance of the neighbourhood. Mr. Cole indicated that during consideration of the application, the Planning Department did not feel building materials were an issue. Mr. Smith asked Mr. Stergiadis if the existing dwelling is currently part brick and part vinyl siding. Mr. Stergiadis confirmed the materials used, and indicated that his choice of brick and vinyl was in order to make the addition look very similar to the existing dwelling. Mr. DiLecce asked what the addition was to be used for and if it was one room. Mr. Stergiadis indicated that because of the pie-shaped lot, the design chosen is similar to the shape of the existing dwelling. He added that an addition any smaller would not suit his needs or benefit the actual cost of constructing the addition. Mr. DiLecce asked Mr. Stergiadis if he would accept a compromise of reducing the north extension of the addition by 1.0 metres (3 feet). Mr. Stergiadis indicated that he would agree with the compromise rather than having the application refused. ..... Mr. Johnson asked what the square footage of the existing dwelling is currently. Mr. Stergiadis responded that his home is currently 1,350 square feet; however, that covers two stories, in which the main floor is quite small. Mr. Johnson then confirmed the floor area of the homes of the neighbours in opposition. It was indicated that most homes were approximately the same size because they were semi- detached dwellings; however, Mr. McCartney's home is slightly larger due to the fact that he is in a detached, single-family dwelling. 24 Ms. Powers questioned the location of the patio doors and Mr. Stergiadis responded that they will be located in the side yard, as they currently exist. DECISION: Moved by Mr. DiLecce and seconded by Mr. Johnson and carried unanimously that - this application, PICA 10/96, by T. & B. Stergiadis, as amended, be APPROVED on the grounds that the proposed rear yard depth and lot coverage variances are minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Official Plan, and Sections 10.3.1.C(v) and 10.3.1.C(vii) of By-law 3036, as amended by By-law 1002/79, subject to the following conditions: '-' 1. That these variances apply only to rear yard depth and increased lot coverage provided by the proposed addition as amended in the applicants' submitted plans. 2. That the northerly extension of the addition be reduced from 7.0 feet to 4.0 feet (2.1 metres to 1.2 metre) allowing a reduced rear-yard depth of 5.9 metres. 4. PICA 14/96 - 1061475 Ontario Limited Lot 1, Plan 40M-1562 and North Part of Lot 11, Plan 40M-1561 Also known as 1498 Ashwood Gate Town of Pickering The applicant requests relief from the provisions of the by-law as follows: Section 5.(I)(b)(iii) of amending By-law 2287/86 to permit the continuance of a front yard depth of 5.5 metres provided by the existing dwelling; whereas the by-law requires a minimum front yard depth of 7.5 metres. 'W' Section 5.(I)(b)(iv) of amending By-law 2287/86 to permit the continuance of a south interior side yard width of 0.8 metres provided by the existing dwelling; whereas the by-law requires a minimum interior side yard width of 1.8 metres. These same variances situations were considered and approved by the Committee of Adjustment through previous Minor Variance Application PICA 22/95 on September 27,1995. However, one of the conditions of this previous approval that the owner obtain building permits and complete all required works by December 31, 1995 was not fulfilled and the previous Committee decision is now null and void. The owner has since obtained conditional approval from the Durham Land Division Committee to convey a portion of the westerly abutting lot to the subject property to create a larger property (Application LD 11/96). The owner also now proposes to construct a garage attached to the west side of the dwelling on the property. These variances are required to bring the existing building on the property into compliance with the zoning by-law so that building permits may be issued. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. 'Ilw' Mr. Craig Marshall, owner, was present to represent the application. Mr. Gummow of 121 Twyn Rivers Drive was present in objection to the application. Mr. Marshall outlined the history of the subject property and the previous concerns of the Committee and neighbours. He indicated that the lot has recently been improved due to the extra property acquired through Land Division Application 11/96 which has now been finalized. 25 Mr. Gummow restated his concerns that were expressed during the Committee of Adjustment meeting last May 1995. He stated that the structure was originally constructed as a sales pavilion and therefore, should not be permitted to be used as a residential dwelling. Mr. Cole advised the Committee that during conversations with Mr. Moore, of the Building Division, it was noted that the 1994 building permit upgraded the structure into a residential dwelling, therefore, there was no legal reason why a building permit should not be issued. '-' Mr. Smith then indicated to the Committee that the proposed variance would actually enhance the appearance of the subject dwelling. He stated that if Mr. Marshall were to remove the porch and bay window from the existing structure, objects to which this variance is required, he would comply with the zoning by-law. Mr. Smith indicated his support for the variance application. Mr. DiLecce then asked the owner if the neighbour to the south has any concerns with the bay window. Mr. Marshall stated that to date, the neighbour has expressed no concerns either written or verbal. He indicated that the property to the south does have a substantial side yard. DECISION: Moved by Mr. Smith and seconded by Mr. Johnson and carried unanimously that - this application PICA 14/96, by 1061475 Ontario Limited, as outlined, be APPROVED on the grounds that the proposed front yard depth and side yard width variances are minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Official Plan and Sections 5.(I)(b)(iii) and 5.(I)(b)(iv) of Zoning By-law 3036, as amended by By-law 2287/86, the following conditions should be imposed: ..... 1. That the applicant submit a revision to Building Permit Application BP 94-1151 to the satisfaction of the Town's Chief Building Official that brings the subject structure fully into compliance with the building code, including an attached garage as outlined on the applicant's submitted plan. 2. That a revised building permit be obtained, and all associated works completed in accordance with the above-noted revision permit within one year of the date of this decision, or this decision shall become null and void. 3. That these variances do not come into effect until the applicant submits a revised architectural design statement for the proposed residential dwelling on the subject property for the approval of the Director of Planning, in consultation with Town Council. 5. PICA 16/96 - Monika Lasic Part of Lot 25, Concession 2 (West side of Dixie Road, south of Third Concession Road) Town of Pickering ~ The applicant requests relief from the following provisions of the by-law: Section 5.18(a) of By-law 3036 to permit a temporary construction trailer on the north side yard of the subject property; whereas, the by-law requires all accessory structures to be located entirely within the rear yard. 26 Section 7.1.1 of By-law 3036 to permit an accessory structure (temporary construction trailer) on the subject property for the purpose of storing building and household items during the proposed construction of a detached dwelling; whereas, the by-law requires a detached dwelling to be located on the property in order to permit a structure accessory to it. The applicant requests this variance application in order to bring the subject property into compliance with the zoning by-law during the construction of a proposed detached dwelling, estimated to be completed approximately two years from the date of this decision. '-' The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Dominic Cuk, agent, was present to represent the application. No further representation was present in objection to the application. Mr. Cuk indicated that he was happy to answer any questions the Committee may have regarding the variance application. DECISION: Moved by Mr. Johnson and seconded by Mr. DiLecce and carried unanimously that - that this application PICA 16/96, by Monika Lasic, as outlined, be APPROVED on the grounds that the proposed accessory structure location and temporary construction trailer existence constitutes variances that are minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Official Plan, and Sections 5.18(a) and 7.1.1 of Zoning By-law 3036, subject to the following condition: 1. That the temporary construction trailer be permitted for a two-year period commencing April 24, 1996, until April 24, 1998, after which time the construction trailer shall be removed. ........ 6. PICA -17/96 - Stanley Golvin Part of Lot 19, Concession 1 Also known as 1050 Brock Road Town of Pickering The applicant requests relief from the provision of Section 5.(2)(e)(vi) of amending Zoning By-law 2760/88 to permit a sales outlet accessory to a warehouse use (Amihan Food Mart) to occupy 35% of the total gross leasable floor area of the use; whereas, the by-law permits an accessory sales outlet to occupy up to a maximum of 20% of the gross leasable floor area of a food preparation plant, light manufacturing plant, merchandise service shop, warehouse or bakery. The applicant requests this variance application in order to permit a proposed additional take-out food section within Unit #11 (Amihan Food Mart) of the building on the subject property. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering ...... Planning Department. Ms. Gina Rivamante, owner of Amihan Food Mart, was present to represent the application. Mr. Michael Evelea, owner of the commercial plaza, and Mr. Geroche Baros representing the Philippine community were also present in favour of the application. No further representation was present in objection to the application. Mr. Johnson asked Mr. Evelea if this particular location is where the pool and spa place was once situated, and Mr. Evelea indicated that it was not. 27 DECISION: Moved by Mr. Johnson and seconded by Mr. Smith and carried unanimously that - this application PICA 17/96, by Stanley Golvin, as outlined, be APPROVED on the grounds that the proposed variance to permit an increase in the accessory sales outlet use from 20% to 35% of the gross leasable floor area of the main warehouse use is minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Official Plan, and Section 5.(2)(e)(vi), of amending By-law 2760/88 to Zoning By-law 2511, as amended, subject to the following conditions: 1. That this variance applies only to the existing Amihan Food Mart tenant within Unit 11 ofthe building on the subject property. ..... 2. That the owner obtain a building permit which reflects the floor areas approved by this variance within twelve months of the date of this decision, or the approval shall become null and void. 7. PICA 18/96 - Nugget Construction Co. Ltd. Lot 42, Plan 40M-1831 Also known as 1513 Sandhurst Crescent Town of Pickering The applicant requests relief from the provIsion of Section 5.(5)(b ) (vi) of amending By-law 4502/94 to permit a rear yard depth of 6.56 metres; whereas, the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and from Mr. Demiralp of 1529 Meldron Drive with respect to the 'W tree preservation area at the rear of the subject property. Mr. DeVani, consultant for the owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. DeVani indicated that the rear yard is approximately 27 metres and the variance application will not have a major effect on the happenings in the rear yard or the tree preservation area. Mr. Johnson asked if the dwellings to the rear of the property were model homes, and if they had been sold to date. Mr. DeVani confirmed that the dwellings in question were infact model homes; however, he did not know whether they had been sold to date. Mr. Johnson indicated that in the past Nugget Construction Co. Limited has always made a great effort to preserve existing trees, and was confident that this practice would continue. DECISION: Moved by Mr. Smith and seconded by Mr. Dilecce and carried unanimously that - .... this application PICA 18/96, by Nugget Construction Co. Ltd., as outlined, be APPROVED on the grounds that the proposed 6.56 metre rear yard depth, at variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general purpose and intent of the official plan and Section 5.(5)(b )(vi) of amending Zoning By-law 4502/94, subject to the following conditions: 1. That this variance applies only to the dwelling footprint identified on the plans submitted with this application. 2. That a building permit be issued for the dwelling on the subject property within twelve months of the date of this decision, or this approval will become null and void. 28 8. OTHER BUSINESS Mr. Cole presented the Committee with the results of the Ontario Municipal Board Decision for PICA 20/95 - T. Greeley. Mr. Cole advised the Committee of Adjustment members that Section 26 of Bill 20 has been deleted. The amendment states: "Section 26 of the Bill which amended the minor variance process is to be deleted. The minor variance process will not be changed and decisions, if appealed, will continue to go the to the Ontario Municipal Board." ..... 9. ADJOURNMENT MOTION: Moved by Mr. DiLecce , seconded by Mr. Johnson and carried unanimously that - The 4th meeting of the Committee of Adjustment be adjourned at 8:40 p.m. and the next regular meeting ofthe Committee of Adjustment be held on Wednesday, April 24, 1996. 4/,;//27j /5"7C DATE ~, /,/ . ,/ \ CHAI~t/L~ '-' ~~ ASSI A SECRET ARY- TREAS~;;; " ....... 29