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HomeMy WebLinkAboutOctober 18, 1995 ~~ OF PiC ,,0 ~ ~--~ I- ~I:ii: Cl .. MINUTES of the 14th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, October 18, 1995. -- PRESENT: Mr. J. C. Young, Chairman Mr. S. Smith Mr. N. DiLecce Mr. P. White 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 of the 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. White and carried unanimously - That the adoption of the minutes of the 13th meeting of the Committee of Adjustment held '-' September 27,1995, be adopted. 3. PICA 75/95 - L. & J. Pellowe Part of Lot 34, Range 3 BFC (Pt. 1, 40R-8945) Also known as 183 Twyn Rivers Drive Town of Pickering The applicants request relief from the provision Section 5.18( d) of By-law 3036 to permit the continuance of an east side yard width of 1.56 metres provided by the existing dwelling on the subject property; whereas the by-law requires that a dwelling with an attached garage provide minimum side yard widths of 1.8 metres. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the zoning by-law in order to obtain a building permit for a second floor sunroom on the south west corner of the existing dwelling. ... The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Cole also outlined a question that had been raised with respect to the distance between the existing dwelling and the west property line, as indicated on the applicants' submitted plan, and advised that before a building permit is issued for the proposed addition, the setback to the west property line must be confirmed to the satisfaction of the Building Department. Mr. Blane Rust, agent, Renex Custom Builders, was present to represent the application. He acknowledged Mr. Cole's comments regarding the west setback and indicated that this is correct on the building permit application. No further representation was present in favour of or in objection to the application. Mr. White questioned the setback of the dwelling located on the easterly property abutting the side yard of the subject property. Mr. Cole indicated that the dwelling on the easterly abutting property is setback considerably in comparison to the subject dwelling which minimizes the reduced side yard impact. DECISION: Moved by Mr. White and seconded by Mr. Smith and carried unanimously that - .... this application, PICA 75/95, by L. & J. Pellowe, as outlined, be APPROVED, on the grounds that the east side yard width 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 5.18(d) of Zoning By-law 3036, subject to the following condition: 1. That this variance applies only to the existing dwelling with the addition as generally identified on the plans submitted with this application. 4. PICA 76/95 - M. Masters Lots 9 and 10, Plan 93 Also known as 5230 Old Brock Road Town of Pickering The applicant requests relief from the following provisions of the by-law: 1. Section 5.18(a) of By-law 3037 to permit the continuance of an existing accessory structure, and the establishment of a new accessory structure in the front yard facing Claremont Street; whereas the by-law requires all accessory structures to be located in the rear yard, a minimum of 1.0 metres from all lot lines. w 2. Section 5.18(e) of By-law 3037 to permit the new accessory structure to be 4.57 metres high; whereas the by-law requires a maximum height of 3.5 metres. Approval of this variance application is required to bring the subject property into compliance with the zoning by-law, and to allow a building permit to be issued for a new accessory building (garage with second floor office) to be built in the front yard facing Claremont Street, 1.0 metres from the front lot line and 1.0 metres from the north side lot line. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. David Masters, spouse of the owner, was present to represent the application. Mr. Brent Bayley, agent for the applicant was also present to represent the application. Mr. Tong, 5240 Old Brock Road, Pickering, Ontario LIV lAl and Mr. Fleetwood, 1710 Claremont St., Claremont, Ontario LIY lAl, were also present to comment on this application. ........ Mr. Donald Tong, a neighbour of the subject property, had a concern regarding the five maple trees on his property line. He indicated that they are very old and stately which provide the property with a pleasant look which he would like protected. Mr. Fleetwood, a neighbour, also expressed concern about the trees. Mr. Masters, indicated that the trees are located on the north lot line, approximately fifteen feet apart. The old maple trees are also a concern of his and he intends to protect them as much as possible. However, he did indicate that limbs and branches which hang over onto his property may have to be removed as well as a birch tree, due to the construction. Mr. White indicated that a property owner has the right to remove or trim branches of trees that hang over the property line. 77 Mr. DiLecce asked if a 4.5 metre setback would save a tree, and why Mr. Masters would want his garage 1.0 metre from the lot line. Mr. Bayley, said that a 4.5 metre setback could possibly affect the feederline of the septic system to the dwelling. Mr. Masters also indicated that a 4.5 metre setback would bring the garage very close to the existing pool and pool house. Although he wanted the garage next the pool house structure to allow easy vehicle access. '-" Mr. White questioned why the yard behind the dwelling would not be considered the rear yard because the existing dwelling fronts onto Brock Street, and Mr. Cole indicated that when a property fronts onto two streets it is considered to have two front yards. Mr. Smith indicated that the setback from Claremont St. is required for the road allowance. Mr. Cole confirmed that the Public Works Department requested the 4.5 metre setback from Claremont St. to allow for future road improvements. Mr. DiLecce asked Mr. Cole what the minimum setback would be if a garage is located in the front yard, and Mr. Cole indicated that the garage would have to be placed 7.5 metres from the lot line. Mr. Tong suggested that the garage be placed on the opposite side of the property and, Mr. Bayley indicated that this would interfere with the septic system currently in place. Mr. Fleetwood also indicated his concerns regarding the roadway and possible increased traffic. He stated that Claremont St. is actually used as a laneway ending at his driveway. Mr. Masters indicated that only he and his wife would be using the laneway to access the proposed driveway. All visitors to the property would use the existing driveway with access from Brock Road. w Mr. Fleetwood also raised concerns regarding a second floor window on the accessory garage. He indicated that this would provide a direct view along his driveway into his home, therefore disrupting privacy. Mr. White commented that a window would look more pleasant than a brick or vinyl-sided wall. Mr. DiLecce suggested that the window be placed on the first floor accessory garage instead of the second floor office. DECISION: Moved by Mr. DiLecce and seconded by Mr. White and carried unanimously that - the application PICA 76/95, by M. Masters, as amended, be APPROVED, on the grounds that the proposed existing and new accessory structure location 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(a) and 5.18(e) of Zoning By-law 3037, subject to the following conditions: 1. That this variance applies only to the pool house accessory structure in existence on the date of this decision, and to the proposed new accessory garage with a second floor, which is setback a minimum of 3.5 metres from the Claremont Street lot line and a minimum of 1.0 metres from the north side lot line. 2. That the new accessory structure be designed with windows, rather than a blank face on the side facing Claremont Street. ....... 3. That the applicant submit to the Planning Department, for approval, their method of tree preservation which minimizes the impact to the surrounding trees. 78 5. PICA 77/95 - A. Thatcher Part of Lot 11, Plan 329 Also known as 1970 Woodview Avenue Town of Pickering The applicant requests relief from the provision of Section 7.4 of By-law 3036 to permit the continuance of a south side yard width of 2.2 metres provided by the existing dwelling, and ........ a proposed reconstructed second floor. Approval of this variance application is required in order to bring the existing dwelling on the property into compliance with the by-law, and to permit the issuance of a building permit to reconstruct a second floor on the existing dwelling. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Jim Ward, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. Ward indicated that the owner is just modifying the second floor which is already in existence. Mr. Smith asked Mr. Ward if he intends to replace what is presently existing. Mr. Ward stated that the existing structure is currently one-and-a-half stories. He intends to replace the second floor and the canopy on the existing floor will be enclosed and brought forward slightly. DECISION: Moved by Mr. White and seconded by Mr. Smith and carried unanimously that - '-" this application, PICA 77/95, by A. Thatcher, as outlined, be APPROVED on the grounds that the south side yard width 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 7.4 of Zoning By-law 3036, subject to the following condition: 1. That this variance applies only to the existing dwelling with the second storey renovation as generally identified on the plans submitted with this application. 6. PICA 78/95 - S. Koch Estate Lot 231, Plan M-14 Also known as 852 Modlin Road Town of Pickering The applicant requests relief from the provision of Section 5.19 (a) of By-law 2520 to permit the continuance of one existing accessory structure (shed) located in the rear yard, 0.51 metres from the rear lot line and 0.18 metres from the north side lot line, and the continuance of one existing accessory structure (garage) located partially in the north side '-' yard, 0.29 metres from the north side lot line. Approval of this variance application is required in order to bring the existing metal garage and shed into compliance with the by-law. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Cole indicated that a letter was received from Bell Canada, advising the applicant of an easement at the rear of the property which is for maintenance purposes. 79 . . Ms. Diane Arseneau, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Ms. Arseneau indicated that the property has now been sold and the variance would allow the new owners lawful use of the subject property. DECISION: Moved by Mr. Smith and seconded by Mr. DiLecce and carried unanimously that - '-" this application, PICA 78/95, by S. Koch Estate, be APPROVED, on the grounds that the accessory structure variances are 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 5.19(a) of By-law 2520, subject to the following condition: 1. That the accessory structure variances apply only to the existing structure in existence on the date of this decision. 7. PICA 79/95 - Inter-Organization Network Non-Profit Homes Part of Lot 4, Plan 456 Also known as 1467 Whites Road Town of Pickering The applicant requests relief from the provisions of Section 5(1)(b)(iv) of amending By-law 3768/91 to By-law 3036 to permit the continuance of a south yard depth of 6.57 metres, which is provided by the recently constructed building; whereas the by-law, as previously varied by PICA 83/93, requires a minimum south yard depth of 6.8 metres. '-' Approval of this variance application is required in order to bring the property into compliance with the by-law. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Neil Rodgers, Verdiroc Construction Corporation, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. White wondered why the variance was required, and Mr. Rodgers, indicated that an error was made by the survey crew prior to construction of the building. Mr. DiLecce requested confirmation that because of the drive at that side of the building, it was necessary to reduce the size of the planting bed. He asked about the width of the planting bed, and expressed concern that a buffer or landscaping effect had been lost because of the reduced size of the planting bed. Mr. Rodgers indicated that the planting bed was never intended for buffer purposes. Mr. Cole commented that the width of the planting bed is less than one foot, and that the plant originally designed for the planting bed was an English ivy, and was required for ..... greenery purposes. DECISION: Moved by Mr. Smith and seconded by Mr. White and carried unanimously that - this application, PICA 79/95, by Inter-Organization Network Non-Profit Homes, be APPROVED, on the grounds that the proposed south yard depth variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Section 5(1)(b)(iv) of amending By-law 3768/91 to By-law 3036, as previously varied by PICA 83/93. 80 . ' . 8. PICA 80/95 - R. & W. Oldfield Part of Lot 22, Plan 12 Also known as 1731 Lane Street (Hamlet of Claremont) Town of Pickering The applicants request relief from the provisions of Section 8.2.1 of By-law 3037 to permit .-.. the following: a) the continuance of a lot area of 990.09 square metres; whereas the by-law requires a minimum lot area of 1,390.0 square metres; b) the continuance of a side yard width of 1.61 metres; whereas the by-law requires minimum side yard widths of 1.8 metres; c) the continuance of a floor area of 90.96 square metres; whereas the by-law requires a minimum floor area of 95.0 square metres. Approval of this variance application is required in order to bring the property into compliance with the by-law so that a building permit may be issued to construct a detached garage on the property. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Oldfield, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. -.. Mr. Oldfield indicated that he had difficulty understanding why he had to appear before the Committee because when he purchased the property it was legal non-conforming. He indicated that the proposed garage will meet the zoning requirements, and if he has to wait the 20-day appeal period the ground will be frozen, and he will not be able to start his foundation. He also indicated that a partial building permit will cost him $1,000. Mr. Cole indicated that any new application on the property would require a variance to bring the entire property into compliance with the zoning by-law. He also indicated that he would speak with the Legal Department regarding Mr. Oldfield's concerns regarding the issuance of a partial building permit. DECISION: Moved by Mr. Smith and seconded by Mr. DiLecce and carried unanimously that - this application, PICA 80/95, by R. & W. Oldfield, be APPROVED, on the grounds that the lot area, east side yard width and floor area variances are 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 8.2.1 of Zoning By-law 3037, subject to the following condition: 1. That the floor area and side yard width variances apply only to the dwelling in existence on the date of this decision. -- 81 w -- '-' , 9. ADJOURNMENT MOTION: Moved by Mr. Young, seconded by Mr. White and carried unanimously that- The 14th 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, November 8,1995. IV'C1VG-vt7'~ 9. /f'~r , DATE ASSI~~~ 82