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HomeMy WebLinkAboutJanuary 18, 1995 "'O!l~'" OF PIC~ ~ " ~ .... ~ ~ .. MINUTES of the 1 st meeting of the Committee of Adjustment held in the Committee Room of 'W' the Pickering Civic Complex on Wednesday, January 18, 1995. PRESENT: Rick Johnson, Acting Chairperson Scott Smith Paul White Carl Young ALSO PRESENT: Mrs. Eva McDougall, Secretary-Treasurer Lynda D. Taylor, Manager, Current Operations, Planning Department The Meeting convened at 7:00 p.m. in the Committee Room of the Civic Complex. 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes of the meeting of November 23, 1994. -- 2. ADOPTION OF MINUTES MOTION: Moved by Carl Young, seconded by Paul White and carried unanimously- That since no concerns arose from the minutes of the Committee of Adjustment meeting held November 23, 1994, that the minutes be adopted. 3. PICA 98/94, 99/94 and 100/94 - P. Parkes Part of Lot 27, Range 3, B.F.C. Also known as 864 Kingston Road The applicant requests relief from the provisions of the By-law as follows: PICA 98194 - PROPOSED RETAINED PORTION ~ Section 5.18(a) of By-law 3036 to permit the continuance of an existing accessory structure (garage) in the side yard; whereas the By-law requires that accessory structures be located in the rear yard. PICA 99194 and 100/94 - PROPOSED SEVERED PORTION Section 9.2.1 of By-law 3036 to permit the establishment of a lot frontage of 16.54 metres; whereas the By-law requires that a lot provide a minimum lot frontage of 18 metres. 2 The applicant has requested these variance applications in order to bring the proposed retained and severed portions of the lot into compliance with the zoning by-law. The applicant will submit a Land Severance Application to sever the north half of the property into two separate lots after severing the north half of the property from the south half. The applicant, Ms. P. Parkes, was present to represent the application. Mr. Tim Costar, 827 Sheppard Avenue, Pickering, and Jerry Jager, 57 Reid Drive, Ajax, were present to speak to the application. w The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham Health Department. Ms. Parkes advised the Committee that she felt the variance applications were a reasonable request. She advised the Committee of the circumstances that had occurred in her endeavour to obtain a severance for the subject property, and advised she had spoken with various agencies regarding the Committee of Adjustment and proposed Land Severance applications. Mr. T. Costar stated his objections to the variance applications, and advised the Committee that the lands subject of the applications were included in the Northeast Quadrant Study Area (1989). Mr. Costar asked the Committee to consider the potential outcome of the applications. Mr. Jerry Jager supported the applications, and suggested that Mr. Costar had ample opportunity to obtain the property when it was offered for sale. DECISION: Moved by C. Young and seconded by Paul White and carried that- that PICA 98/94 by P. Parkes, be APPROVED, on the grounds that the application is minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 5.18(a) of Zoning By-law 3036, subject to the following condition: -- 1. That approval of this variance apply only to the accessory structure in existence on the date of this decision. that PICA 99194 and PICA 100/94 to permit reduced lot frontages on Sheppard Avenue be deferred for a period of 12 months or when Town Council is satisfied as to the appropriate official plan amendment applications. 4. PICA 1/95 - WhiteslFinch Homes Ltd. Lot 50, Plan 40M-1737 Also known as 1550 Nipissing Court The applicant requests relief from the provisions of Section 5.(3) (b) (vi) of amending By-law 4123/92 to By-law 3036 to permit the continuance of a rear yard depth of 6.38 metres; whereas the By-law requires that a dwelling provide a minimum rear yard depth of7.5 metres. The applicant requests this variance application in order to bring the newly-constructed dwelling into compliance with the zoning by-law. Mr. G. Christoff was present to represent the application. No further representation was present in favour of or in objection to the application. '" The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Christoff advised the Committee that the variance was necessary due to a construction error, and that it was the company's intent to abide by the zoning by-law. 3 DECISION: Moved by Carl Young and seconded by Paul White and carried that- this application, PICA 1/95, by WhiteslFinch Homes Ltd., as outlined, be APPROVED, on the grounds that the variance is minor in nature, appropriate for the desirable development of the land, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and section 5.(3)(b)(vi) of amending By-law 4123/92 to Zoning By- law 3036, subject to the following condition: -- 1. That this variance applies only to the dwelling and rear yard in existence on the date of this decision. 5. PICA 2/945 - H. Pospischil Lot 140, Plan 816 Also known as 1438 Highbush Trail The applicant requests relief from the provisions of: (a) Section 10.2.3 of By-law 3036 to permit a front yard depth of 4.95 metres; whereas the By-law requires that a dwelling provide a minimum front yard depth of 5.35 metres, (previously varied from 7.5 metres by PICA 31/81 in 1981); and (b) Section 5.18(d) to permit a north side yard width of 1.49 metres; whereas the By-law requires that a dwelling with an attached garage provide minimum side yard widths of 1.5 metres. The applicant requests these variances in order to bring the subject property into compliance with the zoning by-law. ....... The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. The applicant, Mr. Pospischil, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Pospischil advised the Committee that the variance situation was brought to his attention when he had his property resurveyed. DECISION: Moved by Scott Smith and seconded by Carl Young and carried that - this application, PICA 2/95, by H. Pospischil, as outlined, be APPROVED, on the grounds that the variances are minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 5.18(d) and 10.2.3 of Zoning By-law 3036, as varied by PICA 13/81, subject to the following condition: 1. That these variances apply only to the existing dwelling and deck in existence on the date of this decision. '-" 4 6. PICA 3/95 - Mary Skents Development Corporation Limited Part of Lot 26, Plan 492 and Part of Lot 23, Concession 1 Also known as 1848 Liverpool Road The applicant requests relief from the prOVlSlons of Section 5.(1)(a)(vii) and 4.(9)(b) of amending By-laws 2175/86 and 4501/94 to By-law 3036 to permit a restaurant to operate as a take-out establishment without the need for accommodating consumption of food on the ,.., premises; whereas the By-law permits a Restaurant - Type D on the subject property and defines a Restaurant - Type D as a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises, and which may include an accessory take-out component. The applicant requests these variances in order to permit a take-out only restaurant on the subject property. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Skentzos, representing the applicant, was present to represent the application. Ms. V. Skenzos was also present in support of the application. DECISION: Moved by Scott Smith and seconded by Paul White and carried that- this application, PICA 3/95, by Mary-Skents Development, as outlined, be APPROVED, on the grounds that the variance is minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 5.(I)(a)(vii) and 4.(9)(b) of amending By-laws 2175/86 and 4501/94 to By-law 3036, subject to the following condition: -- 1. That this variance apply only to a single unit within the existing plaza, having a maximum gross leasable floor area of approximately 78 square metres. 7. PICA 4/95 - Castleloch Developments Inc. Part of Lots 38 and 39, Plan 40M-1507 Also known as 1825 Valleyview Drive The applicant requests relief from the provisions of Section 5.(1)(b)(vi) of amending By-law 4391/94 to By-law 3036 to permit a continuance of a rear yard depth of 8.64 metres; whereas the By-law requires that a dwelling provide a minimum rear yard depth of 10 metres. The applicant requests this variance application in order to bring the newly-constructed dwelling into compliance with the provisions of the zoning by-law. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. '-'" Mr. P. Landolt, representing the applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Landolt advised the Committee that the variance situation arose due to a senes of unintentional events such as a change in building plans. 5 DECISION: Moved by Carl Young and seconded by Paul White and carried that- this application, PICA 4/95, by Castleloch Developments Inc., as outlined, be APPROVED, on the grounds that the variance is minor in nature, appropriate for the desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section 5.(1)(b)(vi) of amending By-law 4391/94 to Zoning By-law 3036, subject to the following condition: ..., 1. That this variance does not come into effect until the Town has received written approval from the Metropolitan Toronto and Region Conservation Authority for the 8.64 metre rear yard depth provided by the subject dwelling on the property. 8. PICA 5/95 - S. Longman Part of Lot 3, Concession 7 (South side of Eighth Concession Road, east of Sideline 2) The applicant requests relief from the provisions of Section 6.2.1 of By-law 3037 to permit a minimum lot frontage of 142 metres; whereas the By-law requires that a residential use provide a minimum lot frontage of 60 metres plus an additional 3 metres for each additional 0.1 hectare in excess of 0.8 hectares lot area, to a maximum of 150 metres. The subject property is 4.05 hectares in area, and therefore requires a minimum lot frontage of 150 metres. The applicant requests this variance in order to bring the subject property into compliance with the zoning by-law. The applicant was present to represent the application. No further representation was present in favour of or in objection to the application. .... The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. DECISION: Moved by Paul White and seconded by Carl Young and carried that- this application, PICA 5/95, by S. Longman, as outlined, be APPROVED, on the grounds that the variance is minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Section 6.2.1 of Zoning By-law 3037, subject to the following condition: 1. That this variance does not come into effect until the Minister's Zoning Order Amendment 18-Z0-0299407 is final. 5. OTHER BUSINESS (a) MOTION: Moved by Rick Johnson and seconded by Carl Young, and carried - that the 1995 Committee of Adjustment meeting schedule be adopted. '-" (b) MOTION: Moved by Scott Smith and seconded by Paul White, and carried- that Jeffrey G. Cole be appointed as Assistant Secretary-Treasurer of the Town of Pickering Committee of Adjustment. 6 ~ ..,. '-" 6. ADJOURNMENT MOTION: Moved by Carl Young, seconded by Paul White and carried unanimously- That the 1st meeting of the Committee of Adjustment be adjourned at 8:15 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, February, 8, 1995. //} , ~':<~7/ DATE \ /(/9..s ./ c:! c) ,/ r' 1,<".. ~/' .~). ./ ':-x-:",.I~) /' cO /:ACC;/A ,/' c-- SECRET ARY- TREASURER 7