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HomeMy WebLinkAboutJuly 26, 1995 ~~ OF PIC ,,0 ~ ~~~ ~ di1; t5 - MINUTES of the 10th meeting of the Committee of Adjustment held in the Council Chambers ofthe Pickering Civic Complex on Wednesday, July 26,1995. -- PRESENT: Mr. J. C. Young, Chairperson Mr. P. White 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 Council Chambers 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. White, seconded by Mr. Dilecce and carried unanimously - - That the minutes of the 9th meeting of the Committee of Adjustment held July 5, 1995 be adopted. 3. PICA 42/95 - Discovery Place Limited Part of Lot 21, Concession 1 (40R-15318, Part 3) (South of Highway No.2, east of Glenanna Road) APPLICATION This application was deferredfrom the Committee of Adjustment meeting of July 5,1995. The applicant requests relief from the provisions of: 1. Section 5.(I)(b)(ii) of amending By-law 2349/87 to By-law 3036 to permit a two-storey increase in maximum building heights, resulting in 14 storeys for building "A" and 16 storeys for building "B"; whereas the By-law requires a maximum building height of 12 storeys for building "A" and 14 storeys for building "B". 2. Section 5.(I)(b)(iii) of amending By-law 2349/87 to By-law 3036, as varied by PICA 56/92, to permit an increase in maximum residential lot coverage to 35%; whereas the By-law requires a maximum residential lot coverage of 30%. '-" 3. Section 5.(I)(b)(vi)B of amending By-law 2349/87 to By-law 3036 to reduce minimum parking requirements to 1.30 parking spaces per dwelling unit for residents (541 parking spaces for residents) and 0.20 parking spaces per dwelling unit for visitors (83 parking spaces for visitors); whereas the By-law requires a minimQrn 1.50 parking spaces per dwelling unit for residents (624 parking spaces required fot residents) and 0.25 parking spaces per dwelling unit for visitors (104 parking spaces required for visitors).. 4. Section 2.2.1 of By-law 3036 to reduce the minimum width of a two-way traffic aisle to 6.0 metres; whereas the By-law requires that the minimum width of an aisle used to gain access to a parking stall shall be 6.5 metres for two-way traffic.. The applicant requests these variances in order to permit a residential apartment development on the subject property which does not comply with the above-specified provisions of the current zoning by-law. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. -- Mr. J. Dawson, of McCarthy, Tetrault, Solicitor for the applicant was present to represent the application. A large number of residents (approximately 50) of Durham Condominiums #93, #106 and #139 were present for this application. Mr. Dawson said that his client had met with representatives of the surrounding condominium boards prior to this meeting and had hopefully addressed most of their concerns. He proceeded to display drawings showing the top two floors of the most easterly building to be terraced back from the east edge of the building and depicting the extent of shadow on the adjacent pool area on June 21st. He said that the architect for this project had been directed to start with the location of the pool and the shadow impact from the original building and, in effect, work backwards. Mr. Dawson said that the building with the top two floors terraced back produced the same shadow as if the building was erected to the zoning requirements i.e. the shadow produced was equivalent to that of a 12-storey building. Mr. G. Ashe, President of DCC #139, 1400 The Esplanade, said that he had met with representatives of Tridel and brought issues in front of the DCC board. He indicated that their concerns have been addressed and that DCC#139 basically support the proposal. Mr. J. Avola, 1400 The Esplanade, expressed concern about there being only one entrance '-' and one exit and, with the additional parking, wondered what would happen in an emergency. Mr. Dawson responded that the access has been proven to work and the application doesn't contemplate an increase in the number of units to what was approved earlier. Mr. T. McAlister, 1880 Valley Farm Road (DCC #93), expressed concern about the shadow casting, commented on how appreciative they were of Tridel's terracing of the most easterly building, and indicated his disagreement with the reference to available parking at the Town Centre and Recreation Complex. He questioned whether this application is a minor variance and said that they were not opposed, but concerned that this was possibly an abuse of the Committee process. Mr. White indicated that the members realize how technical these applications may become and that they look to all resources available to them in order to make a decision. They try to be consistent and apply the rule of being reasonable and not stifle development but, in the end, if the Committee is not satisfied that an application is minor, they can refuse it. Mr. Dawson said that the parking study prepared by their consultants indicates parking can be accommodated on site and that Planning staff had indicated that there was back-up parking available if there was an overflow on certain days of the year. He went on to say that his client had no problem with the first condition recommended by the Planning Department in their report but felt that the second condition, requiring Council's approval of a Development Plan Amendment, should not be included as a condition in the -- Committee's decision. He indicated that the Committee is charged with making decisions and it is appropriate to impose a technical condition or further approval requirements by statutes but the development plan is a policy decision by Council. 54 Mr. Dilecce indicated that he felt some confusion after hearing Mr. Dawson's comments about the second condition recommended in the Planning Department's report. He wondered if his understanding, that condition 2 would turn the decision over to Town Council and if they did not amend the Town Centre guidelines the variance would be denied, was correct. Mr. Cole confirmed that understanding and indicated that if the Committee approve this variance, they are approving a change to a by-law approved by Council and a change to a by-law should be conditional on Council adopted guidelines also being changed. -- Mr. White questioned the agent's concern about condition 2 now as this condition has been in the recommendation since the application was put forward and wondered if, perhaps, the application should be deferred so that the Committee could request the presence of the Town Solicitor at the next meeting. Mr. Dawson said that his client would prefer that a decision be made tonight and, if the Committee decides that the condition should be imposed, they will take into consideration what steps should taken. DECISION: Moved by Mr. Dilecce and seconded by Mr. Young that - this application, PICA 42/95, by Discovery Place Ltd., as outlined, be APPROVED on the grounds that the 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 amending By-laws 2349/87 and 2837/88 to Zoning By-law 3036, subject to the following conditions: 1. That the applicant obtain conditional site plan approval from the Town, including making provision for necessary visitor parking (above andlor below grade) required to accommodate the minimum density requirements of the zoning by-law, within two years of the date of this decision or this decision will become null and void. 2. That the upper two floors on the east side of the east building be terraced to ensure that the June 21st shadow cast from the top of the building to' the pool is not greater - than that which would be cast by a 12-storey building. AMENDMENT to conditions moved by Mr. White and seconded by Mr. Dilecce that - 3. That the applicant obtain the approval of the Planning Department to amend the development guidelines in the Town Centre Community Main Central Area North Development Plan in accordance with the proposed development. DECISION AND AMENDMENT carried. 4. PICA 48/95 - Pickering Square (1986) Inc. Part of Lot 22, Concession 1 (parts 2 and 3, 40R-4157) Also known as 1550 Kingston Road Town of Pickering APPLICATION The applicant requests relief from the provisions of: 1. Section 5.(2)(a) of amending By-law 4063/92 to Zoning By-law 3036 to permit a building to be built outside the required building envelope; whereas the By-law requires that all buildings be located within the required building envelope. - 2. Section 5.(2)(e)(i) of amending By-law 4063/92 to Zoning By-law 3036 to permit a total gross leasable floor area of 7,889.87 square metres for the buildings on the property; whereas the by-law, as varied by PICA 82/90, requires that the gross leasable floor area of buildings on the property, including an outdoor patio for Kelseys Restaurant, shall not exceed 7,227.87 square metres. 55 3. Section 5.21.2 d) of By-law 3036 to permit a parking area abutting a road allowance to be setback .53 metres; whereas the by-law requires a parking area abutting a road allowance to be set back 3.0 metres. Approval of this variance application is required in order to allow the establishment of a new 662 square metre building and additional parking spaces on the subject property, as identified on the attached applicant's submitted plan. 'W' The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Department of Public Works. Mr. R. Feldman was present to represent the application. Mr. J. Closs, 1928 Valley Farm Road, was present for this application. Mr. Feldman indicated his agreement with the Planning Department's recommendation of deferral but would prefer the deferral date to be September 6th. Mr. Cole indicated that the Planning Department had recommended the September 27th meeting in order to ensure that there would be time for assessment; however if it were deferred to the September 6th meeting and there had not been time to complete a review, the application could be deferred again. Mr. Closs was interested in obtaining information on more technical details which would be discussed at the next meeting. MOTION: Moved by Mr. White and seconded by Mr. Dilecce and carried unanimously that - this application, PICA 48/95, by Pickering Square (1986) Inc., as outlined, be DEFERRED to the meeting of September 6, 1995 in order to give the applicant time to submit a formal revised site plan application to the Town. "-' 5. PICA 49/95 - S. L. Harrison Lot 341, Plan M-ll Also known as 920 Reytan Boulevard Town of Pickering APPLICATION The applicant requests relief from the provision of By-law 2520 to permit the continuance of an accessory structure to be located in the side yard of the subject property; whereas the by-law requires that all accessory buildings which are not part of the main building be erected in the rear yard not less than 1.0 metres from all lot lines. 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. Ort, Agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 'W' 56 DECISION: Moved by Mr. White and seconded by Mr. Dilecce and carried unanimously that - this application, PICA 49/95, by S. L. Harrison, as outlined, be APPROVED on the grounds that the proposed accessory structure location 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 5.19 a) of Zoning By-law 2520, subject to the following condition: ,..,. 1. That this variance applies only to the accessory structure in existence on the date of this decision. 6. PICA 50/95 - R. & A and S. & S. Taccone Lot 92, Plan 1051 Also known as 1907 Fairport Road Town of Pickering APPLICATION The applicants request relief from the provision of By-law 3036 to permit the establishment of a rear yard depth of 6.1 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicants have submitted application LD 144/95 to the Durham Land Division Committee to sever the subject property. Approval of this variance application is required in order to bring the proposed retained parcel 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. D. Brand, 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. White and seconded by Mr. Dilecce and carried unanimously that - this application, PICA 50/95, by R & A and S. & S. Taccone, as outlined, be APPROVED on the grounds that the proposed rear yard depth reduction 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 9.2.3 of Zoning By-law 3036, subject to the following condition: 1. That Land Severance Application LD 144/95 is approved and becomes final and binding within one year of the date of this decision, or this decision will become null and void. --- 57 7. PICA 51/95 - Rockport Holdings Limited Blocks E, F. & G, Plan M-I024 (East side of Pickering Parkway, north of Highway 401) Town of Pickering APPLICATION The applicant requests relief from the provisions of: .-- 1. Schedule "I" to amending By-law 4451/94 to Zoning By-law 3036 to vary the building envelope to permit a 1.0-metre building setback, and to permit a build-to-zone of between 1.0 metres and 7.0 metres in the area identified on the attached plan; whereas the by-law shows a building envelope which requires a minimum 3.0 metre building setback from Pickering Parkway, and a building envelope which requires that a minimum of 50% of a building elevation adjacent to Pickering Parkway be located between 3.0 metres and 7.0 metres of the property line. 2. Section 5(1)(b)(vi)C of amending By-law 4451/94 to Zoning By-law 3036 to permit a minimum parking space requirement of 1.0 parking space per unit for units up to 70.6 square metres in area, and 1.2 parking spaces per unit for units greater than 70.6 square metres in area; whereas the by-law requires a minimum of 1.2 parking spaces per unit for residents, and a minimum of 0.3 spaces per unit for visitors. 3. Section 5.21.2e) of Zoning By-law 3036 to delete the requirement for a mlDlmum setback for underground parking structures; whereas the by-law requires that underground parking structures shall not be permitted closer to the lot line than the depth below finished grade, but need not exceed the setback of the main building.. Approval of these variances are requested in order to allow the applicant to pursue approval for a specific development design for a six-storey apartment building on the subject property. ..... The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Department of Public Works. Mr. J. Winberg was present to represent the application. Mr. G. Horning, Grant A. Bacchus Limited, was also present in support of the application. Mr. Winberg expressed his concern with the Planning Department's second recommendation concerning the required parking spaces. He commented on the requirements of the Town's Off-Street Parking Study, which was undertaken in the 1980s, and is based on the number of bedrooms in a unit. He went on to say that needs, times and circumstances change and the units in this development are small and geared to singles and seniors and he feels that the parking requirement should be based on the number of feet per unit. Mr. Horning commented on studies his firm has done in other municipalities where the parking requirements are based on size of units. The recommendation from his firm is 1.25 parking spaces per unit for all units less than 760 sq. ft and 1.35 parking spaces per unit for all units greater than 760 sq. ft. DECISION: Moved by Mr. White and seconded by Mr. Young and carried that - __ Part 1 of this application, PICA 51/95, by Rockport Holdings Limited, referring to consideration of the building setback from Pickering Parkway variance be DEFERRED to the meeting of September 27,1995, in order to give the applicant time to refine their design and submit appropriate site plans and building elevations to support the proposed variance for the Town's review; and 58 Part 2 of this application, PICA 51/95, by Rockport Holdings Limited, be APPROVED, on the grounds that the underground parking structure setback variance and the proposed parking variance, AS AMENDED for the combined needs of residents and visitors, to require 1.25 parking spaces per unit for all units less than 70.6 square metres and 1.35 parking spaces per unit for all units greater than 70.6 square metres 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 amending By-law 4451/94 to Zoning By-law 3036, subject to the following condition: .... 1. That the applicant receive site plan approval for a development on the subject property within two years of the date of this decision, or approval of the revised parking and underground structure setback variances shall become null and void. 8. ADJOURNMENT MOTION: Moved by Mr. White, seconded by Mr. Dilecce and carried unanimously that- The 10th meeting of the Committee of Adjustment be adjourned at 9:15 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, August 16, 1995. lI,'Il"'i/4:, /?<1r DAT ....... <~ AssisT N SECRET ARY- TREASURER .. 59