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HomeMy WebLinkAboutFebruary 5, 1992 1. PRESENT: MINUTES of the 1st meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Centre on Wednesday, February 5th, 1992. Ms. S. Archer, Chairperson Mrs. D. Kerr Mrs. C. Scorer Mr. B. Bhuta Mr. M. Puterbough Mrs. C. Livie, Secretary-Treasurer Mrs. L Taylor, Planner Mr. J. Cole, Planner. ~ ALSO PRESENT: The Meeting convened at 7:00 p.m. in the Committee Room of the Civic Centre. 1. ELECTION OF A CHAIRPERSON Mrs. Livie took the chair and asked for nominations for a Chairperson. Ms. Archer was nominated by Mr. Puterbough and she agreed to stand. No other nominations were forwarded. MOTION: Moved by Mr. Puterbough, seconded by Mr. Bhuta and carried unanimously that - Ms. Susan Archer be elected as Chairperson of the Committee of Adjustment for the Town of Pickering for the period ending December 31st, 1992. 2. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 'W' 3. ADOPTION OF MINUTES MOTION: Moved by Mrs. Kerr, seconded by Mr. Puterbough and carried unanimously that - the minutes of the 16th meeting of the Committee or Adjustment held November 20th, 1991, be adopted. 4. PICA 55/91 - R. & P. Card Part Lot 5 and Lot 6, Plan 12 Also known as 5028 Brock Road Hamlet of Claremont The applicants request relief from the provisions of: b) Section 2.2.1 of By-law 3037 to permit the perpendicular width of the two-way traffic aisle used to gain access to the parking stalls to be a minimum 3.0 metres wide, whereas the By-law requires that the perpendicular width of a traffic aisle used to gain access to a parking stall be a minimum 6.S metres wide for two-way traffic. Section 2.48 of By-law 3037 to permit parking stalls with a minimum area of 14.75 m!-, whereas the By-law requires that a parking stall size have a minimum area of 18 m~. c) Section 5.19.1.2 of By-law 3037 to permit the provision of 7 farking spaces for a commercial building with a gross leasable floor area of 276.4 m , whereas t~e By-law requires that a minimum of 17 parking spaces (5.5 parking spaces per 53 m of gross leasable floor ~a) be provided for a commercial building with a gross leasable floor area of276.4 m . a) 'W' 2. f) d) Section 5.19.2(d) of By-law 3037 to permit the parking area to be set back a minimum 1.5 metres from the Brock Road road allowance, whereas the By-law requires that parking areas be set back a minimum 3.0 metres from a road allowance. e) Section 5.20(2) of By-law 3037 to permit the establishment of a minimum 14.5 metre setback from the centre line of Brock Road to be provided by a proposed commercial building on the lot, whereas the By-law prohibits any building or structure from being erected closer than 19.5 metres from the centre line of Brock Road. Section 9.2 of By-law 3037 to permit the establishment of a maximum lot coverage of 37% to be provided by a proposed commercial building on the lot, whereas the By-law requires that a building provide a maximum lot coverage of 33%. ~ g) Section 9.2.1 of By-law 3037 to permit a minimum of 22% of the lot to be a landscaped open area, whereas the By-law requires that a minimum of 50% of the lot area be provided for a landscaped open area, where no public sanitary sewers or public water supply are available. Approval of this variance application is required in order that the existing building on the lot may be demolished and a new commercial building be constructed on the subject property. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Durham Regional Health Services. Comments were also received from the Claremont District Community Association and C. Parker and K. Lowes, residents and owners of 5020 Dow Street. Both comments indicated full support of the application. The applicant and committee members were provided with a copy of all comments received. Mr. & Mrs. Card were present to represent the application. Mr. K. Smith, was present in favour of the application. Mrs. Card advised that they are agreeable to the conditions recommended by the Planning Department. Mr. Bhuta asked the applicants where the dwelling on the south abutting property was located. Mrs. Card replied that southerly abutting property is their residence. The dwelling is located on the south side of the property approximately 24 feet from the north '-" property line and that there wiD be an approximate 34 foot separation distance between the dwelling and the proposed commercial building. Mrs. Scorer asked how many parking spaces are currently provided. Mrs. Card replied that five cars can be accommodated. Further, the proposal as outlined in this application will not generate a higher tramc volume. DECISION: Moved by Mrs. Scorer, seconded by Mr. Bhuta and carried unanimously that- this application, P /CA 55/92 by R. & P. Card, as outlined, be APPROVED on the grounds that the requested variances are minor in nature, in character with the surrounding area, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Durham Regional Omcial Plan, the Pickering District and By-law 3037, subject to the following conditions: 1. That these variances apply only to the c~mmercial building as generally proposed (warehouse with ~proximately 187 m Door area and showroom/office with approximately 89 m Door area) in the submitted application. 2. That the applicant obtain an easement from the Land Division Committee to the satisfaction of the Town over the southerly abutting property in order to provide an access and tramc aisle '.5 metres in width, within 18 months of the date of this decision or this decision shall become null and void. '-" 3. 5. P /CA 5'/91 - C. & D. Papatheodorou Lot 19, Plan 492 Also known as 1880 Liverpool Road Town of Pickerinl The applicants request relief from the provisions of Section 9.2.3 of By-law 3036 to permit the continuance of a minimum 1.74 metre south side yard width provided by the attached garage on the lot, whereas the By-law requires that a dwelling with an attached garage provide a minimum side width 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 By-law. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Ms. Donna Servinis, adjacent property owner abutting the south side of the subject property. The applicant and committee members were provided with a copy of all comments received. Mr. C. Papatheodorou, applicant and Mr. A. Goldstein, Solicitor, were present to represent the application. No further representation was present in favour or in objection to the application. Mr. Goldstein advised that the variance situation appeared to be a siting error which resulted from the construction of the attached garage built a few years ago. The owners recently purchased the property and were aware of the variance situation when they purchased the property. DECISION: Moved by Mrs. Scorer seconded by Mr. Puterbough and carried unanimously that - this application, P /CA 56/91 by C. & D. Papatheodorou, as outlined, be APPROVED on the grounds that the requested variance is minor in nature, required to recognize an existing situation and in keeping with the general intent and purpose of the Durham Regional OMcial Plan, the Pickering District Plan and By-law 3036, subject to the following condition: 'W 1. That approval of this variance application apply only to the dwelling in existence on the subject property on the date of this decision. 6. P /CA 57/91 - D. & D. Garland Part Lot 36, Plan 12 Also known as 5616 Barber Street Hamlet of Claremont The applicants request relief from the provisions of Section 5.18(e)of By-law 3037 to permit the continuance of a maximum height of 4.87 metres for the existing detached garage on the subject property, whereas the By-law limits the height of a detached accessory structure in any residential zone to a maximum height of 3.5 metres. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the By-law. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Durham Regional Health Services. Mr. Smith and committee members were provided with a copy of all comments received. Mr. K. Smith, was present on behalf of the applicant. No further representation was present in favour or in objection to the application. Mr. Smith advised that the roof line of the garage was changed in order for the garage to blend in with the victorian character of the Hamlet. A stop work order was issued in '-" December and construction of the garage ceased. Mr. Smith stated that, in his opinion, the zoning By-law height restriction should be amended as it is very diMcult to design a detached garage which will be architecturally compatible with the character of the Hamlet and still maintain the height requirement of the By-law. Therefore, in his opinion, as more detached garages are built, this type of variance situation may arise again. 4. ... Mr. Puterbough stated that it is not the jurisdiction of the Committee to amend the height requirement of the By-law on an overall basis. He hoped that this variance situation will not become a trend. He stated that perhaps a study by the Town of the height requirement of the By-law will be required in the future. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Kerr and carried unanimously that - this application, P /CA 57/91 by D. Garland, as outlined, be APPROVED on the grounds that the requested variance is minor in nature, desirable for the appropriate development and use of the land, and in keeping with the general intent and purpose of the Durham Regional Omcial Plan, the Pickering District Plan and Section S.18(e) of By-law 3037, subject to the following condition: 1. That this variance apply only to the detached garage in existence on the subject property on the date of this decision. 7. P /CA 58/91 - Doumouras Properties Limited Part Lot 19, Concession 1 Also known as 1010 Brock Road Town of Pickerina The applicant requests relief from the provisions of Section 16.3.7C(i) of By-law 2511 to permit a maximum of 25% gross floor area coverage for all restaurants on the subject property, whereas the By-law requires that the gross floor area of all restaurants on the subject property not exceed 18% of the gross floor area of all buildings. Approval of this variance application is required in order to allow a donut shop in addition to the existing restaurant on the subject property, as indicated on the applicants' submission. The Secretary- Treasurer outlined comments received from the Town of Pickering Planning Department and Palm Drive Developments, owner of the lands abutting the subject property to the west and north. The applicant and committee members were provided with a copy of all comments received. ~ Bill and Peter Doumouras, were present to represent the application. No further representation was present in favour or in objection to the application. B. Doumouras advised that when the plaza was built several years ago, the demand at that time was for automotive related uses. However, due to the recession and economic times, the demand has changed to a need for more restaurant related uses. There are currently five vacant units in the plaza and all inquiries for leasing the units are for a restaurant/fast food related use. The gross leasable floor area coverage of the existing restaurant is 16%, whereas the By-law permits a maximum gross leaseable floor area coverage of 18%, therefore the proposed donut shop only requires an additional 5% coverage. A discussion took place between the applicant and the Committee respecting the Planning Department's comments and the comments received from the owner of the lands abutting the subject property to the west and north. Mr. Doumouras advised there are 47 parking spaces, 20 spaces at the front and 27 spaces at the rear of the plaza. There are two access/exit points to Brock Road and Bayly Street. One of the access points exits directly to Bayly Street from the rear of the plaza. Mr. Puterborough asked if there will be a rear entrance for the proposed donut shop for customers who park at the rear. Mr. Doumouras replied that he would be agreeable to putting one in, there is a rear entrance in the existing restaurant on the site. Mr. Bhuta stated that due to the serious vacancy rate of the plaza, to refuse this application would cause undue hardship to the applicant. In his opinion, with the current economy crisis, the Committee should be more sensitive and flexible in their decisions. '-'" 5. MOTION: Moved by Mr. Bhuta, seconded by Mr. Puterbough and carried unanimously that - the Committee adjourn P /CA 58/91 by Doumouras Properties Limited to the end of the meeting to render a decision in camera. MOTION: Moved by Mrs. Scorer and seconded by Mr. Puterborough that - this application be refused on the grounds that the requested variance is inappropriate development and not within the general intent and purpose of By-law 2511 as it will have a negative impact due to the resultant increase in trallic, the minimal parking area in the front yard and the close proximity of the exits to the existing gas bar and pumps. MOTION LOST. ~ MOTION: Moved by Mr. Bhuta and seconded by Mrs. Kerr that- this application be approved on the grounds that the requested variance is minor in nature as the increase in gross leasable floor area is minimal and any increased traffic which may occur can be managed through sign age to encourage parking at the rear of the building and that the requested variance would permit desirable development in keeping with the character of the area. MOTION TO AMEND: Moved by Mrs. Kerr and seconded by Mrs. Archer that - the following conditions be added to the above motion: 1. The owner construct signs to encourage parking at the rear of the building. 2. Fencing be erected on the north and west boundary of the subject property to defer pedestrian and vehicular movement between the subject property and the adjacent property to the north and west of the site. MOTIONS WST. MOTION: Moved by Mr. Puterbough, seconded by Mr. Bhuta and carried unanimously that - further consideration of this application, P /CA 58/91 by Doumouras Properties Limited, 'W' be DEFERRED to the next regular meeting on February 26th, 1992 in order that the Committee may request: i) a report from the Planning Department recommending appropriate fencing details respecting a fence along the north and west boundary of the subject property, a recommendation regarding signage on the site to encourage parking at the rear of the building, the acceptability and viability of rear doors for both the existing and proposed restaurants, and further, to obtain a Regional Public Works Department comment respecting the affect that an additional restaurant (donut shop) will have on traffic on Brock Road and Bayly Street; and ii) further comments and/or drawings from the applicant regarding the viability of rear doors for both the existing and proposed restaurants on the site. 8. PICA 59/91- R. & M. Gangnon Part Lot 76, Plan 49M-1380 Also known as 1611 GandalC Court Town of Pickerinll The applicants request relief from the provisions of: a) Section 5(3)(b)(viii) of amending By-law 2024/85 to permit the establishment of a minimum 5.94 metre rear yard depth, whereas the By-law requires that a dwelling provide a minimum 7.5 metre rear yard depth. Section 5(3)(b )(ix) of amending By-law 2024/85 to permit the establishment of a maximum 41% lot coverage, whereas the By-law requires that a dwelling provide a maximum 40% lot coverage. ...... b) . w 6. Approval of this variance application is required in order to obtain a building permit for a proposed addition (solarium approximately 2.44 m. x 3.05 m.) to the rear of the existing dwelling on the lot. The Secretary- Treasurer outlined comments received from the Town of Pickering Planning Department. The applicant and committee members were provided with a copy of all comments received. Mr. R.. Banman, 605 Brock Street N., Whitby, Ontario was present on behalf of the applicants. No further representation was present in favour or in objection to the application. DECISION: Moved by Mrs. Kerr, seconded by Mr. Puterborough and carried unanimously that - this application 59/91 by R.. & M. Gangnon, as outlined, be APPROVED on the grounds that the requested 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(3)(b)(viii) and 5(3)(b )(ix) of amending By-law 2024/85, subject to the following condition: 1. That the requested variances apply only to a rear yard solarium, approximately 2.44 m x 3.05 m, as indicated on the applicants' submitted plan. 9. P /CA 60/91 - 812752 Ontario Inc. (Claremont Developments) Part Lot 18, Concession 8 (Part 1,40R-I0(45) Hamlet of Claremont The applicants request relief from the provisions of Section 6.2.1 of By-law 3037 to permit the subject property, being Part Lot 18, Concession 8 (Part 1, 4OR-I0(45) to have a minimum lot area of 0.498 hectares, whereas the By-law requires that a lot provide a minimum lot area of 0.8 hectares. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the By-law. The Secretary- Treasurer outlined comments received from the Town of Pickering Planning Department, Durham Regional Health Services and Councillor R.. Johnson. The applicant and committee members were provided with a copy of all comments received. Mr. K. Smith, was present on behalf of the applicant. Mr. M. Senkiw abutting property owner to the west was present to request clarification of the application. Mr. Smith requested that this application be DEFERRED for one year in order that he may meet with the Town to determine the most appropriate procedures to take respecting the subject property. MOTION: Moved by Mrs. Scorer, seconded by Mrs. Kerr and carried unanimously that - consideration of this application, P /CA 60/91 by 812752 Ontario Inc., be TABLED for a period of one year and that a tabling fee of $25.00 be imposed. 10. P /CA 61/91 - C. & G. Jorgensen Lot 17, Plan 4OM-1427 Also known as 4827 Livingston Street Hamlet of Claremont The applicants request relief from the provisions of Section 5.18(e)of By-law 3037 to permit the continuance of a maximum height of 4.11 metres for the existing detached garage on the subject property, whereas the By-law limits the height of a detached accessory structure in ...,., any residential zone to a maximum height of 3.5 metres. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the By-law. . . . ~ 7. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Durham Regional Health Services. The applicant and committee members were provided with a copy of aU comments received. Mrs. G. Jorgensen were present to represent the application. No further representation was present in favour or in objection to the application. Mrs. Jorgensen advised that the building permit had been for a detached garage 24 feet x 24 feet. Due to the need for more storage space, the proposed garage was enlarged to 32 feet in length by 24 feet in width. Consequently, the design of the roof line had to be changed in order to accommodate larger support beams. Unfortunately, as they misunderstood the explanation of the height measurement for a garage, they assumed that there would be no problem in changing the design of the roof. Mrs. Scorer asked how far the pump house was located from the lot lines. Mrs. Jorgensen replied that it is 3 metres from the lot line. DECISION: Moved by Mr. Bhuta, seconded by Mr. Puterborough and carried unanimously that - this application, P /CA 61/91 by C. & G. Jorgensen, 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 5.18(e) of By-law 3037, subject to the following condition: 1. That this variance approved apply only to the detached garage in existence on the subject property on the date of this decision. 11. P /CA 1/92 - s. Woods/So MacGregor Part Lot 14, Plan 329 Also known as 133 Finch Avenue Town of Pickerina The applicants request relief from the provisions of Section 7.2.1 of By-law 3036 to permit: the continuance of a minimum 9.7S metre front yard depth provided by the existing dwelling with a covered front entrance, whereas the By-law requires that a dwelling provide a minimum 12.0 metre front yard depth; and ii) the continuance of a minimum 0.44 metre east side yard width and a minimum 2.59 metre west side yard width provided by the existing dwelling with an attached garage on the lot, whereas the By-law requires that a dwelling provide minimum 3.0 metre side yard widths. i) '-" Approval of this variance application is required to bring the subject property into compliance with the provisions of the By-law in order that a building permit may be obtained for a proposed addition to the rear of the existing dwelling on the lot. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and Durham Regional Health Services. Comments were also received from several surrounding residents in the immediate in support of the application. The applicant and committee members were provided with a copy of all comments received. Mr. W. Kram, 51 Bentley Street, Markham was present to represent the application. No further representation was present in favour or in objection to the application. Mr. Kram advised that when the applicants purchased the property in 1987, there was no indication that the non-compliance situations existed. DECISION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that - this application, P /CA 1/92 by S. Woods/So MacGregor, as outlined, be APPROVED on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and inkeeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Section 7.2.1 of By-law 3036, subject to the following condition: 1. That these variance apply only to the detached dwelling in existence on the date of this decision. I . 8. 'w'. 12. P/CA2/92 - M. Ciccone Part wt 112, Plan 816 Also known as 1457 Highbush Trail Town of Pickerin~ The applicants request relief from the provisions of Section 10.2.3 of By-law 3036 to permit the establishment of a minimum 5.63 metre front yard depth to be provided by a proposed dwelling on the lot, whereas the By-law requires that a dwelling provide a minimum front yard depth of 7.5 metres. Approval of this variance application is required ia order that a building permit may be obtained for a proposed dwelling on the subject property. Ms. Ciccone and Mr. D. Walor were present to represent the application. No further representation was present in favour or ia objection to tile application. DECISION: Moved by Mrs. Scorer, seconded by Mr. Puterborough and carried unanimously that - the application, P /CA 2/92 by M. Ciccone, as outlined, be APPROVED on the grounds that the proposed front yard depth variance is minor in nature, and in keeping with the general intent and purpose of the Durham Regional OMcial Plan, the Pickering District Plan and Sections 10.2.3 of By-law 3036, subject to the following condition: 1. That approval of these variances apply only to proposed dwelling as generally outlined in the plans submitted for this application. 13. P /CA 3/92 - G. & J. Dennerley Part wt 784, Plan M-19 Also known as 657 Chipmunk Street Town of Pickerin~ The applicants request relief from the provisions of: a) Section 6.5( c) of By-law 2520 to permit: i) the continuance of a minimum 4.6 metre Dankage side yard width (abutting Sunrise Avenue) provided by the existing dwelling on the lot; and ii) the establishment of a minimum 5.0 metre Dankage side yard width (abutting Sunrise Avenue) proposed to be provided by an addition to the existing dwelling on the lot; whereas the By-law requires that a main dwelling erected on a comer lot, with its main front entrance facing the Dank of the of the lot (Sunrise Avenue), provide a minimum flankage side yard width of 7.5 metres. b) Section 7.2.3 of By-law 2520 to permit the establishment of a minimum 4.9 metre rear yard depth proposed to be provided by an addition to the existing dwelling on the lot, 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 to bring the subject property into compliance with the provisions of the By-law and to obtain a building permit for a two storey addition (approximately 5.48 m x 8.53 m) consisting of a two car garage and living area. Mr. G. Dennerley and Mr. V. Jeronimo were present to represent the application. No further representation was present in favour or in objection to the application. Mr. Jeronimo stated that as the proposed addition will be Dush with the existing dwelling and will improve the appearance of the existing house, therefore in his opinion, the application is minor in nature and appropriate development. ,..., . . . . 9. Mr. Dennerley advised that the property on the north-west comer of Chipmunk Street and Sunrise Avenue had a similar application approved. Mrs. Scorer asked about the grade of the vehicular eDtrance for the proposed garage. Mr. Dennerley replied that some excavation will be required for the garage but that iD his opinion this will improve the grade of the property ud be similar with the character of existing homes on Sunrise Avenue. '-" DECISION: Moved by Mr. Bhuta, seconded by Mrs. Scorer that - this application, PICA 3/92 by G. & J. Dennerley, as outlined, be APPROVED on the grounds that the requested variances are miDor iD Dature and required to recognize an existing situation, subject to the following CODditioDs: 1. That the proposed addition is architecturally co-ordiDated with the existing dwelling. 2. That grading plans for the proposed additioD be approved prior to the issuance of a building permit. MOTION TO AMEND: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that - this application, PICA 3/92 by G. & J. Dennerley, as outlined, be APPROVED on the grounds that the requested variance are miDor iD nature as the lot coverage will be less than the By-law requirement, required to recognize an existing situation, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Durham Regional Omcial Plan, the Pickering District Plan and By-law 2520 as the proposed addition is in keeping with the character of the surrounding area and sufficient area will remain in the rear yard and side yard for a recreational area, subject to the following conditions: 1. That grading plans for the proposed addition be approved by the Building Department prior to the issuance of a building permit. 2. That the applicant receive site plan approval for the proposed addition from the Planning Department prior to the issuance of a building permit to ensure architectural co-ordination of the proposed addition with the existing dwelling on the ~ lot. 3. That approval of the requested variances apply only to the existing dwelling and proposed addition as generally outlined in the submitted application. 4. ADJOURNMENT MOTION: Moved by Mr. Puterborough, seconded by Mrs. Scorer and carried unanimously that - the 1st meeting of the Committee of Adjustment be adjourned at 10:00 p.m. and the next regular meeting be held on Wednesday, February 26th, 1992. /}t~ c9tP, /1fl2- APPRO I ' ~~~~ CHAIRPERSON .... ~4d/ SECRE Y-TREASURER