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HomeMy WebLinkAboutAugust 16, 1995 ~~ OF PIc. ,,0 ~ ~--~ ~~;~ .. MINUTES of the 11th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, August 16,1995. ... PRESENT: Mr. J. C. Young, Chairperson Mr. S. Smith Mr. N. DiLecce ALSO PRESENT: Mr. J. Cole, Assistant Secretary-Treasurer Mrs. P. Healey, 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. Smith, seconded by Mr. DiLecce and carried unanimously- ....., That the adoption of the minutes of the 10th meeting of the Committee of Adjustment held July 26, 1995, be adopted. 3. PICA 52/95 - J. & J. Graham Lot 61, Plan 40M-1272 Also known as 1520 Falconcrest Drive APPLICATION The applicants request relief from the provision of amending By-law 1493/82 to By-law 3036, to permit the continuance of a rear yard depth of 6.83 metres; whereas the By-law, as varied by PICA 53/90, requires that a dwelling provide a rear yard depth of 7.26 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. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. J. Graham, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application ....., DECISION: Moved by Mr. DiLecce and seconded by Mr. Smith and carried unanimously that - this application, PICA 52/95, by J. & J. Graham, as outlined, be APPROVED on the grounds that the rear yard depth 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 1493/82, as varied by PICA 53/90, subject to the following condition: .... 1. That the rear yard depth variance apply only to the existing dwelling and addition in existence on the date of this decision. 4. PICA 53/95, PICA 54/95, PICA 55/95, PICA 56/95, PICA 57/95, PICA 58/95 PICA 59/95 - Brancato Construction Co. Ltd. Part of Lot 68, Plan 350 (North end of Mcleod Crescent) APPLICATION The applicant requests relief from the provision of: 1. Section 10.2.3 of By-law 2511 to permit the establishment of a 5.0 metre front yard setback and a 6.0 metre setback to the garage entrance; whereas the By-law requires a minimum front yard setback of 7.5 metres. 2. Section 10.2.3 and 5.19 (d) of By-law 2511 to permit the establishment of a 1.2 metre side yard setback; whereas the By-law requires a minimum side yard setback of 1.5 metres on one side and 1.8 metres on the other side, or a setback minimum of 1.5 metres on each side if a dwelling has an attached garage. .... 3. Section 10.2.6. of By-law 2511 to permit the establishment of a maximum lot coverage of 40 percent; whereas the By-law requires a maximum lot coverage of 33 percent. Approval of this variance application is requested in order to allow the applicant to construct dwellings on lots within the subdivision which do not comply with the above-noted current by-law requirements. The applicant requires flexibility to allow construction of bungalow-style houses which have a larger ground footprint. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. J. Brancato, applicant, was present to represent the application. Mr. P. Accettone, 5122 14th Avenue, Markham, Ms. M. Accettone, 543 McLeod Crescent, and Mr. R. Abate, 544 McLeod Crescent were present in objection to the application Mr. Accettone expressed his concern that bungalows would not fit in as all the other houses in the neighbourhood are either two storeys or back-split design. He felt that the circle would appear to be too crowded as the lots have only 40 feet frontage and the other lots on the Crescent are all 50 feet frontage. Ms. Accettone also commented on the neighbourhood consisting of only two-storey or back-split design houses. .... Mr. Abate reiterated the fact that the neighbourhood was all two-storey houses and commented on the inability to know whether there would actually be one or seven bungalows built on the circle. He also expressed concern with the increase in lot coverage as the frontages are smaller and will result in only 8 feet space between the houses. Mr. Abate wondered about the effect bungalows would have on the value of the existing properties. 61 Mr. Brancato said that the majority of the lots on McLeod Crescent are 50 x 110 feet, giving an area of 5,500 square feet; whereas there are only two lots on the circle that have an area of 5,500 square feet, the rest all have an area of 7,000 square feet or more. He also indicated that the front elevation of a back-split design is very similar to that of a bungalow. Mr. Brancato mentioned that, because of the pie-shape lots, the 1.2-metre side yard width will only arise on one corner of the house and in some areas, the side yard width may be 3.2 metres or more. .., Mr. Smith wondered if Mr. Brancato would have any objection to some caveat in the Committee's decision limiting the number of bungalows. Mr. Brancato responded that the reason he had come to the Committee of Adjustment was to give him some flexibility to build what the market desires. He went on to say that he was currently negotiating with three prospective buyers for 3,000 square foot two-storey homes. DECISION: Moved by Mr. Smith and seconded by Mr. DiLecce and carried unanimously that - (a) these applications, PICA 53/95, PICA 54/95, PICA 55/95, PICA 56/95, PICA 57/95 and PICA 58/95, by Brancato Construction Co. Ltd., as outlined, be APPROVED on the grounds that the proposed front yard depth, side yard width and lot coverage 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 5.19 (d), 10.2.3 and 10.2.6 of Zoning By-law 2511, subject to the following condition: 1. That the maximum 40 percent lot coverage variances apply only to one storey, bungalow style dwellings, and that two or more storey dwellings provide a maximum lot coverage of 33 percent. (b) this application, PICA 59/95, by Brancato Construction Co. Ltd., as outlined, be APPROVED on the grounds that the proposed front yard depth, side yard width and lot coverage 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 5.19 (d), 10.2.3 and 10.2.6 of Zoning By-law 2511, subject to the following condition: - 1. That the south side yard width be a minimum of 1.5 metres. 2. That the maximum 40 percent lot coverage variance apply only to one storey, bungalow style dwellings, and that two or more storey dwellings provide a maximum lot coverage of 33 percent. 5. PICA 60/95 - Eco-Tec Limited Part of Lot 16, Range 3, B.F.C. (Part 2, 40R-I0384) (East side of Squires Beach Road, south of Clements Road) APPLICATION The applicant requests relief from the provisions of: 1. Section 2.57 of By-law 2511 to permit parking spaces with a minimum area of 13.78 m2 (2.6 m x 5.3 m); whereas the By-law requires that a parking stall size provide a minimum area of 18 m2 (3m x 6 m).. ~ Section 5.21.2 a) of By-law 2511 to permit a maximum of 40% of the required parking to be located in the front yard; whereas the By-law limits front yard parking to 20% of the total required parking. 2. Section 5.21.2 b) of By-law 2511 to permit side yard parking 1.5 metres from the side lot line on both sides; whereas the By-law limits side yard parking to 7.5 metres from the side lot line on one side and 1.5 metres on the other. 62 .. The applicant requests these variances to bring the property into compliance with the Zoning By-law in order to obtain a building permit for the proposed building. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. G. Elgar, Agent, was present to represent the application. No further representation was present in favour of or in objection to the application. "-" DECISION: Moved by Mr.Smith and seconded by Mr. DiLecce arid carried unanimously that - this application, PICA 60/95, by Eco- Tec Limited, outlined, be APPROVED on the grounds that the requested 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 Sections 2.57, 5.21.2 a) and b) of Zoning By-law 2511, as amended, subject to the following conditions: 1. That the variances apply only to the building and site as generally shown on the site plan submitted with this application. 2. That the applicant obtain Site Plan Approval and any necessary building permits for an industrial/manufacturing building with office component on the subject property within twenty-four (24) months of the date of this Decision, or this Decision shall become null and void. 6. ADJOURNMENT MOTION: Moved byMr. DiLecce, seconded by Mr. Smith and carried unanimously that- The 11th meeting of the Committee of Adjustment be adjourned at 7:35 p.m. and the next 'W' regular meeting ofthe Committee of Adjustment be held on Wednesday, September 6,1995. .f~~/ ('/~r I DATE ~~ ASSIST A T CRET ARY- TREASURER -- 63