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HomeMy WebLinkAboutJanuary 13, 1993 MINUTES of the 1st meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, January 13, 1993. PRESENT Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough Mrs. C. Scorer -.. ALSO PRESENT Mrs. Eva McDougall, Secretary- Treasurer Mr. Jeffrey Cole, Planner 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 Mrs. Scorer, seconded by Mrs. Kerr and carried unanimously- That the minutes of the 15th meeting of the Committee of Adjustment held Wednesday, December 16, 1992 and Special Committee of Adjustment meeting held Tuesday, December 22, 1992 be adopted. 3. P /CA 1/93 - 556170 Ontario Limited Part of Lot 20, Range 3, B.F.C., Part 2, 40R-I0126 Town of Pickering "'-" The applicant requests relief from the provisions of Zoning By-law 2511, as amended by Zoning By-law 1688/83: (1) Section 16.1.3 of the By-law to permit the continuance of an enclosed outdoor storage area (7.6 m. by 13.7 m.) as a permitted use whereas the By-law does not permit outdoor storage in a storage and light manufacturing zone. (2) Section 5.21.1.(3) of the By-law to permit 1 (one) parking space per 62 square metres of warehousing gross floor area (177 parking spaces to be provided) whereas the By-law requires one (1) parking space per 56 square metres of warehousing gross floor area (196 parking spaces required). (3) Section 5.21.2(a) of the By-law to permit the continuance of 21% (37 parking spaces) of the required parking to be located in the front yard whereas the By-law requires that front yard parking be limited to 20% (35 parking spaces) of the total required parking area. Approval of this variance application is required to order to bring the subject property into compliance with the provisions of the zoning by-law. The Secretary- Treasurer outlined comments received from the Planning Department. Mr. Rodney Ikeda, of the firm Goldman, Sloan, Nash and Haber, Barristers and Solicitors, was present to represent the application. Mr. Charles Parker, President of Alderbrook Industries, was also present to represent the application. 'W>' Mr. Ikeda submitted a revised Site Plan of the subject property. Mr. Ikeda stated that an amendment to the Site Plan and the Brock Industrial Development Plan had been applied for to the Town of Pickering. - 2 - \w Mr. Ikeda indicated that the outdoor storage area is located at the rear of the building and adjacent to the Hydro right-of-way. He said that the outdoor storage area represented a small portion of the total area of the property. He indicated that the uses for the property represented light industrial, and that the homes on the east side of Sandy Beach Road did not front onto Sandy Beach Road. He informed the Committee that the outdoor storage area is a requirement of the Ministry of Labour and the Fire Department. He stated that the Planning Report to the Secretary-Treasurer dated January 5, 1993 summarized the situation extremely well, and he commended Mr. Cole for the Report. Mrs. Archer asked if the parking at the front of the building was remaining the same. Mr. Ikeda indicated that in fact the parking was remaining the same at the front of the site. Mr. Puterbough asked how many parking spaces were lost because of the storage area. Mr. Ikeda indicated that approximately 17 to 19 parking spaces were lost because of the outdoor storage area. Mr. Ikeda also indicated that there is more than adequate parking on the site. Mr. Puterbough asked Mr. Cole if a condition was imposed regarding an appropriate amendment to the Brock Industrial Area Development Plan, how long the application would take to proceed through Council? Mr. Cole indicated that the process would not take very long. Mr. Ikeda stated that the present tenant, Alderbrook Industries, intends to purchase the property. Mr. Ikeda stated that in order to obtain clear title and financing for the property, the variances as applied for were necessary. Mr. Puterbough asked if the requirement of the amendment to the Brock Industrial Area Development Plan would slow the process of purchase for Alderbrook Industries. Mr. Cole indicated that the process would probably not take more than one month, and that Development Plans are Council documents to which an amendment had to be approved by Council. Mr. Puterbough stated that Council could in fact hear the matter at their convenience. Mr. Ikeda stated that the application P /CA 1/93 was for minor variances to the by-law. They were not asking for an amendment to the Official Plan and that Development Plans are stated policy of Council. Mr. Ikeda stated that he would have to leave it up to the Committee of Adjustment to decide if a condition was to be imposed for an amendment to the Brock ~ Industrial Development Plan. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously that - this application, P /CA 1/93 by 556170 Ontario Ltd., 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 Section 16.1.3, 5.21.1(3), and 5.21.2(a) of By-law 2511 as amended by By-law 1688/83, subject to the following conditions: 1. That the outdoor storage area and resultant parking changes receive Site Plan Approval from the Town of Pickering. 4. P /CA 2/93 - Cougs Investments (Pickering) Limited Block 90, 40M-1664, Block 60, 40M-1488 and Block 108, 40M-1413 Also known as 1651 Major Oaks Road Town of Pickering --- The applicant requests relief from the provisions of Section 5(b)(vi)A of Zoning By-laws 2015/85, 3640/91 and 1976/85 to permit the continuance of a rear yard depth of 5.1 metres whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. Approval of this variance application is required in order to bring the newly constructed dwelling into compliance with the provisions of the zoning by-law and to obtain a Building Permit for the deck. The Secretary-Treasurer outlined comments received from the Planning Department. - 3- Mr. David Brand was present to represent the applicant. No further representation was present in favour or in objection to the application. Mr. Puterbough asked Mr. Brand if any other lots in the area would have problems and require variances. Mr. Brand replied that only the lot adjacent to the subject property would have a problem with complying with the by-law, and that a variance had been applied for to the Committee of Adjustment for the property. DECISION: Moved by Mr. Bhuta, seconded by Mrs. Kerr, and carried that- this application, P /CA 2/93 by Cougs Investments (Pickering) Limited, as outlined, be APPROVED on the grounds that the requested 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 Pickerin~ District Plan and Section 5(b)(vi)A of Zoning By-law 3036 as amended by By-laws 2015/85, 1976/85 and 3640/91, subject to the following condition: l. That this variance apply only to the existing uncovered second'-storey deck as generally outlined in this application. 5. PICA 3/93 - S. and M. Hall Block 61, 40M-1509 and Block 108, 40M-1513 Also known as 2362 Annan Woods Drive Town of Pickering The applicants request relief from the provisions of Section 5.7 of Zoning By-law 3036 to permit the establishment of an uncovered deck with a height of less than 1.0 metres to project a maximum of 2.3 metres into the required rear yard depth resulting in a rear depth of 5.2 metres whereas the By-law requires that an uncovered platform/deck, not exceeding 1.0 metres in height above grade, to project a maximum of 1.5 metres into a required rear yard depth. Approval of this variance application is required in order to obtain a building permit for a proposed deck to be constructed at the rear of the dwelling on the subject property. The Secretary-Treasurer outlined comments received from the Planning Department. ~ Mr. S. Hall was present to represent the applicant. No further representation was present in favour or in objection to the application. Mr. Puterbough asked Mr. Hall why he could not build a deck in compliance with the zoning by-law. Mr. Hall indicated that his family spends a great deal of time outside and would like to build a larger deck to accommodate their barbecue and patio furniture. Mr. Hall also stated that it would be much easier to move around on a larger deck. DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that- this application, PICA 3/93 by S. and M. Hall, as outlined, be APPROVED on the grounds that the requested 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 5.7 of Zoning By-law 3036, the Planning Department recommends that the following condition be imposed: l. That this variance apply only to the deck as generally outlined in this application. 6. ADJOURNMENT MOTION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously- That the 1st meeting of the Committee of Adjustment be adjourned at 7:40 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, February 3,1993. ..... A / ./.' ./1 ,,~ /, "'. f /' ,'; ,',y', "/ -,;) /.7 Y <.,' . -t:, - .._. '._ ~~ "- (. (.... _." '-..-.- , DATE' ~ '/ .' , ~~MJ AeA/----< CHAIRMAN c . c~/" /~ ..') ..' . J '--<. ','v t> ~;Af?', '/ "t c C- SECRETARY :TREASURER