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HomeMy WebLinkAboutMay 3, 1995 ~~ OF PiC 1..,0 ~ ~--~ ~da;Q ~ MINUTES of the 6th meeting of the Committee of Adjustment held in the Committee w Room of the Pickering Civic Complex on Wednesday, May 3,1995. PRESENT: Mr. R. Johnson, Acting Chairperson Mr. N. DiLecce Mr. S. Smith Mr. P. White 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. APPOINTMENT OF ACTING CHAIRPERSON MOTION: Moved by Mr. Smith, seconded by Mr. DiLecce, and carried unanimously that, due to the absence of Mr. Young, Chairperson of the Committee of Adjustment, Mr. Johnson be appointed as Acting Chairperson of the Committee of Adjustment for the meeting of May 3, 1995. "-" 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 2. ADOPTION OF MINUTES MOTION: Moved by Mr. P. White, seconded by Mr. S. Smith and carried unanimously- That the minutes of the 5th meeting of the Committee of Adjustment held April 12, 1995, be adopted. 3. PICA 22/95 - 983963 Ontario Limited. Part of Lot 1, Plan 40M-1562 Also known as 1498 Ashwood Gate The applicant requests relief from the following provisions of amending By-law 2276/86 to By-law 3036: ., 1. Section 5.(b)(iii) of amending By-law 2276/86 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 of7.5 metres. 2. Section 5.(b)(iv) of amending By-law 2276/86 to permit the continuance of an 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. 3. Section 5.(I)(x)A of amending By-law 2276/86 to permit the exclusion of a garage to be provided for the residential lot; whereas the By-law requires a minimum of one private garage to be provided per lot. 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 a fax received of a letter from Alan J. Mackin, 1494 Ashwood Gate, indicating his opposition to the application. ......... Mr. C. Marshall, Marshall Homes Corporation, the agent, was present to represent the application. Mr. R. Gummow, 121 Twyn Rivers Drive, Mr. P. Goodwin, 174 Twyn Rivers Drive, Mr. S. Janes 108 Twyn Rivers Drive were present in objection to the application. Mr. R. Gummow mentioned that he understood that the sales pavilion was to be torn down and a new building erected on the foundation and wonders why the intent is different today. The architectural requirements don't comply for the existing building and suggested that perhaps this is a way to get around the requirement. He questioned the inspection level regarding plumbing and construction of the sales pavilion. Mr. Smith indicated that the dilemma the Committee has is that the builder does not need approval of the variance for the building, it is only required to allow the bay window and front porch to remain on the building. Mr. P. Goodwin indicated that his property looks on to the subdivision and that the plan of the subdivision included.. trees and a very upscale development. However, in reality, every tree was cut down and a temporary structure has become permanent due to the by-law. Mr. S. Janes mentioned that the development was to have much larger houses, a couple of bungalows, and an old farm house style residence. He wondered how an occupancy permit could be issued for a sales pavilion. '-" Mr. Cole indicated that because it is an existing structure it does not need to comply with the architectural statement but would require a building permit to address all building code requirements, and an occupancy permit to have it turned into a residential dwelling. Mr. White requested the three men, who were speaking in opposition to the application, to indicate what would satisfy them if the structure were to remain there. The general response was to have brick veneer added to the existing building and a garage comparable with the rest in the area, or to have the structure removed and a new house constructed. Mr. Marshall indicated that when a subdivision is proposed, the builder envisages the type of future residences but the market decides what type of residence is actually built. He indicated that he would like to have the opportunity to sell a new brick home to replace the existing building and would like to have this application deferred to the September 27th Committee of Adjustment meeting. Mr. Marshall also requested that the Building Department receive a letter from the Planning Department requesting that his building permit remain active. MOTION: Moved by Mr. P. White and seconded by Mr. N. DiLecce and carried unanimously that - this application, PICA 22/95, by 983963 Ontario Limited, be DEFERRED to the __ September 27, 1995 meeting of the Committee of Adjustment and that Mr. Marshall receive a letter from the Town of Pickering indicating that his existing building permit will stay active. 31 4. PICA 27/95 - R. and D. McDougall Part of Lot 7, Plan 505 Also known as 1790 Rosebank Road ~ The applicants request relief from the provisions of Section 5.(2)(f) of amending By-laws 4286/93 and 4285/93 to Zoning By-law 3036 to permit the establishment of a minimum rear yard depth of 6.39 metres provided by the existing dwelling on the proposed retained parcel, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. The Durham Land Division Committee approved Land Severance Application LD 340194 on November 21, 1994, to sever the subject property, subject to a condition that the owner satisfy the Town that the existing dwelling on the retained parcel complies with the zoning by-law. The applicants have submitted this application in order to bring the dwelling on the retained parcel into compliance with the provisions of the zoning by-law in order to satisfy the condition of approval of severance. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. G. Karakokkinos, Cougs Investments Ltd., was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Mr. S. Smith, and seconded by Mr. N. DiLecce and carried unanimously that- this application, PICA 27/95, by R. and D. McDougall, as outlined, be APPROVED on the grounds that this variance is minor in nature, desirable for the appropriate 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 5.2(f) of amending By-laws 4286/93 and 4285/93 to Zoning By-law 3036 subject to the following conditions: 1. That the deeds necessary to finalize Land Severance Application LD 340/94 be stamped by January 1, 1996; and 2. That this variance apply only to the dwelling in existence on the date of this decision. 5. PICA 28/95 - R. and D. Rolph Part of Lot 18, Concession 2 Also known as 1764 Finch Avenue The applicants request relief from the provisions of Section 5.18(d) of Zoning By-law 3036 to permit the continuance of a minimum east side yard width of 1.703 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. The applicants request 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. Mr. Michael Rolph was present to represent the application. No further representation was present in favour of or in objection to the application 32 DECISION: Moved by Mr. N. DiLecce and seconded by Mr. S. Smith and carried unanimously that - this application, PICA 28/95, by R. and D. Rolph, 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 5.18(d) of Zoning By-law 3036, subject to the following condition: -- 1. That this variance apply only to the dwelling in existence on the date of this decision. 6. PICA 29/95 and 32/95 - M. Pitino Lot 1, Plan M-917 Also known as 720 Simpson Avenue The applicant requests relief from amending By-law 4139/92 to Zoning By-law 2511 as follows: PICA 29195 Section 5.1.(2)(e) of amending By-law 4139/92 to permit the establishment of a flankage side yard width of 1.2 metres to be provided by the proposed dwelling on the subject lot; whereas the By-law requires that a lot provide a minimum flankage side yard width of 2.7 metres. PICA 29195 and PICA 32195 "'-" Section 5.1.(2)(b) of amending By-law 4139/92 to permit the establishment of lot frontages of 6.8 metres, whereas the By-law requires that a lot provide a minimum frontage of 7.5 metres. The applicant requests this variance application in order to obtain a building permit to construct a pair of semi-detached dwellings on the subject property. It is the intent of the applicant to proceed through Part Lot Control to establish two separate parcels of land for the proposed semi-detached dwellings. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department, ten letters received from various residents on Simpson Avenue, Bayview Avenue and Fairview Avenue expressing their support of these applications, and a memorandum from Councillor Farr expressing his objection to these applications as well as a fax received of a letter from Metropolitan Toronto and Region Conservation Authority indicating the need for a study to set the 100 year lake level for this property. Mr. J. Pitino, agent , was present to represent the application. Ms. L. Crosby and Mr. B. Crosby, 1249 Browning Avenue, Mr. R. A. Walczak, 716 Simpson Avenue, Mr. K. Campbell, 800 Fairview Avenue, Mr. J. Skelton and Ms. J. Skelton, 717 Simpson Avenue, Ms. J. Ritchie, 171 Fairview Avenue, and Ms. M. Revill, 715 Fairview Avenue were present in opposition to the application. -- Mr. Pitino mentioned that the property had been purchased in 1993 and that Metropolitan Toronto and Region Conservation Authority have required various studies costing at least $15,000. He indicated that the flankage reduction could be lessened and that the frontage was in character with other properties on the street and was compensated by the structure backing onto Frenchman's Bay. 33 Ms. Crosby indicated that she is sympathetic to the people who live in this area and mentioned the environment issue, that the area is a Class 2 wetland and this development will cause damage to the Bay because they will have to do extensive construction. She felt this property would not be in conformity with others in the area as there are very few two story dwellings, and this type of residence would contribute to increased traffic in the area. She also mentioned that there is no opposition to a bungalow or smaller type of home. Mr. Crosby also indicated his concern with the environment. '-' Mr. Walczak commented on the side yard setback being reduced by 50% and the front yard by 10% and wondered if the two lots next door to this property would become six lots. Mr. Skelton mentioned that the Ministry of Natural Resources wetlands policy requires a wetlands statement. Ms. Skelton mentioned a letter she had for the Committee of Adjustment from Pickering Eastshore Community Association which states their objection to the application. She also mentioned the reduced side yard and indicated that she felt that it was a definite infringement regarding the visibility of the stop sign at the corner. Mr. Pitino mentioned that he understands that the Planning Department is not concerned with the flankage and requested that the Committee consider the variances as two separate issues. MOTION: Moved by Mr. Johnson that PICA 29/95 and PICA 32/95 be considered separately. MOTION LOST. DECISION: Moved by Mr. Smith and seconded by Mr. DiLecce and carried that- these applications, PICA 29/95 and PICA 32/95, by M. Pitino, as outlined, be REFUSED on the grounds that the variances are major in nature, inappropriate for the desirable ~ development of the lands and not in keeping with the general intent and purpose of Sections 5.1.(2)(e) and 5.1.(2)(b) of amending By-law 4139/92 to Zoning By-law 2511 7. PICA 30195 - A. C. Simmonds & Sons Limited Part of Lot 30, Range 3, B.F.C. (North side of Granite Court, east of Rosebank Road) The applicant requests relief from the provisions of amending By-law 789/78 to Zoning By-law 2511, as follows: 1. Section 5.21.1.2 and 5.21.1.3 of amending By-law 789/78 to permit the proposed development of the site to provide 92 parking spaces. Section 5.21.1.2 of the By-law requires a minimum of five (5) parking spaces per 93 square metres of the gross floor area be provided for office uses; and Section 5.21.1.3 of the By-law requires a minimum of one (1) parking space per 56 square metres of gross floor area be provided for manufacturing/warehouse uses. (Using the above-noted parking requirements, the proposed development on the subject property would require a minimum of 185 parking spaces. ) 2. Section 2.57 of amending By-law 789/78 to permit the establishment of a parking stall W size of approximately 13.78 square metres (2.6 m. x 5.3 m.); whereas the By-law defines a parking space as a useable and accessible area of not less than 18.0 square metres (3 m. x 6 m.). The applicants request this variance application in order to obtain a building permit to construct an officelwarehouse building on the subject property with fewer and smaller parking spaces than are required by the zoning by-law. 34 The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and a letter received from Mr. B. E. Lockwood, Purdue Frederick, indicating no objection to the application provided it would not result in overflow parking on Granite Court. Mr. P. Marsland, Georgian Construction Co. Ltd., was present to represent the application. No further representation was present in favour of or in objection to the application ~ Mr. Marsland requested that the Planning Department attempt to find time to consider the Site Plan Agreement as soon as possible as this company has had to close five facilities in Ontario. Mr. Cole indicated that the Site Plan Application had been submitted two weeks ago and requires comments from Public Works Department and the Metropolitan Toronto Conservation Authority MOTION: Moved by Mr. P. White and seconded by Mr. DiLecce and carried that- this application, PICA 30/95 by A. C. Simmonds & Sons Limited, be DEFERRED until the next meeting of the Committee of Adjustment on May 24, 1995, to provide an opportunity for the Town's Site Plan Advisory Committee to assess this application. 8. PICA 31/95 - A. Tyukodi Lot 199, Plan 345 Also known as 909 Beachpoint Promenade The applicant requests relief from the provisions of Section 10.2.3 of Zoning By-law 2511 to permit: .'-" 1. the establishment of an east side yard width of 0.79 metres to be provided by a new dwelling and attached garage on the subject property; whereas the By-law requires a dwelling provide minimum side yard widths of 1.5 metres on both sides; and 2. the establishment of a front yard depth of 4.5 metres to be provided by the proposed attached garage on the subject property; whereas the By-law requires that a lot provide a minimum front yard depth of 7.5 metres. The applicant requests this variance application in order to permit a new dwelling with an attached garage to be constructed on the property, generally on the same foundation as the existing dwelling, which is to be removed. The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Montgomery, Solicitor, and Mr. Tyukodi were present to represent the application. Mrs. Willibald, 907 Beachpoint Promenade and Mr. T. Hughes, 911 Beachpoint Promenade were present in support of the application. Mr. Montgomery indicated that the property had been purchased in 1993 with the idea of removing the existing structure and constructing a new house. He mentioned that the property is in a Special Study area and the plans put forth by MTRCA contemplate the W creation of a park. Mr. Tyukodi mentioned that the drawings for the proposed park indicate the boundaries as being past his house. Mrs. Willibald indicated that she had lived in the area for 35 years and that the Metropolitan Toronto Conservation Authority does not cut grass or care for any of the properties acquired by them. 35 Mr. Hughes mentioned that the Metropolitan Toronto Conservation Authority has used the ploy of making a park in the area for years. However, when approached for information on a target date, Metropolitan Toronto Conservation Authority are never able to provide one. DECISION: Moved by Mr. White and seconded by Mr. Smith and carried unanimously that - ...." this application, PICA 31/95, by A. Tyukodi, 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 Section 10.2.3 of Zoning Bylaw 2511. 9. PICA 33/95 - 622530 Ontario Inc. & 946037 Ontario Limited Part of Lot 19, Plan 364 Also known as 506 Park Crescent The applicant requests relief from the provisions of Section 6.6(c) of Zoning By-Iaw2511 to permit the establishment of a flankage side yard width of 5.7 metres to be provided by the proposed dwelling on the subject lot; whereas the By-law requires that a main building erected on a corner lot with its main front entrance facing the flank of such lot, provide a front yard depth of 7.5 metres. The applicant requests this variance application in order to obtain a building permit to construct a detached dwelling on the subject property. The subject property is one of three new lots being created through severance of the existing larger parcel (Land Severance Applications LD 236/94 and LD 237/94 were conditionally approved by the Durham Land Division Committee on August 15, 1994). '" The Assistant Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and letters from two residents on Marksbury Road indicating their support of this application. Mr. C. Karkas, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Mr. DiLecce indicated that this application posed a conflict of interest for him. DECISION: Moved by Mr. Smith and seconded by Mr. White and carried that - this application, PICA 32/95, by 622530 Ontario Inc. & 946037 Ontario Limited, 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 6.6(c) of Zoning By-law 2511, subject to the following condition: 1. That this variance apply only to the proposed dwelling as identified on the applicant's ... submitted site plan and that LD 236/94 and 237/94 are approved. 36 .... '-" .... 10. ADJOURNMENT MOTION: Moved by Mr. White, seconded by Mr. Smith and carried unanimously that - The 6th meeting of the Committee of Adjustment be adjourned at 9:30 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, May 24,1995. D:;~/ Z~. /77r ~~ AssisT SECRET ARY- TREASURER r 37