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HomeMy WebLinkAboutDecember 16, 1992 " - 72 - MINUTES of the 15th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, December 16, 1992 Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough Mrs. C. Scorer PRESENT '-' Mr. Neil Carroll, Director of Planning Mrs. Eva McDougall, Secretary- Treasurer Mr. Jeffrey Cole, Planner ALSO PRESENT The Meeting convened at 7:15 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 Ms. Archer, seconded by Mr. Puterbough and carried unanimously- That the minutes of the 14th meeting of the Committee of Adjustment held Wednesday, November 4, 1992 be adopted. 3. .... P /CA 56/92 - Discovery Place Limited Part of Lot 21, Concession 1, Parts 10 and 11, 40R-I0070 Town of Pickering The applicant requests relief from the provisions of: (a) Section 5(I)(b)(i) - Schedule II of By-law 2349/87 to permit the establishment of a minimum 0.0 metre yard setback from The Esplanade North; whereas the By-law requires that a dwelling provide a minimum yard setback of 14.0 metres from The Esplanade North; and (b) Section 5(I)(b)(iii) of By-law 2349/87 to permit a residential lot coverage of 30 percent to be provided by the proposed development; whereas the By-law requires that residential lot coverage not exceed a maximum of 20 percent. Approval of this variance application is required to permit the construction of a residential development (garden apartments and apartment buildings) on the subject property. The Secretary- Treasurer outlined comments received from the following: Planning Department, comment from August 12, 1992 meeting; memorandum to the Secretary-Treasurer of the Committee of Adjustment, dated December 4, 1992, from Chris Wong, Senior Planner, recommending deferral of the application; Concerned Owners of Durham Condominium Corporation Nos. 93 and 106; Mrs. Sophia Campitelli as Representative; letter dated August 10, 1992; letter included in Agenda as per request in letter; and Petition; Owners/Residents of Durham Condominium Corporation Nos. 93 and 106; indicated opposition to the proposed project; dated August 12, 1992; and Concerned Owners of Durham Condominium Corporation Nos. 93 and 106; letter and Submission; dated December 9, 1992. Mr. Robert Blazevski was present to represent the applicant. Several residents were present in objection to the application. (1) (2) (3) -. (4) - 73 - '-' Ms. Archer stated that Discovery Place Limited was requesting a deferral of the application to a Special Meeting of the Committee of Adjustment on Tuesday, December 22, 1992 at 6:30 p.m. Ms. Archer stated that a fee of $250.00 for the special meeting is payable to the Town of Pickering. Ms. Archer announced the time and place of the meeting and stated that the announcement constituted notice of the meeting according to the regulations (Ontario Regulation 447/83 under the Planning Act) for the Committee of Adjustment. Ms. Archer stated that a time limit of 15 minutes for each presentation will be imposed at the special meeting. MOTION: Moved by Ms. Archer, seconded by Mr. Puterbough and carried unanimously that - this application, P /CA 56/92, be DEFERRED to a Special Meeting of the Committee of Adjustment to be held on Tuesday, December 22, 1992 at 6:30 p.m. in the Committee Room of the Pickering Civic Complex. 4. PICA 70/92 - Frenchman's Bay Yacht Club Lots 5 to 8, Plan 811 Also known as 635 Breezy Drive Town of Pickering The applicant requests relief from the provisions of Zoning By-law 2520: (1) Section 15A.4.1(a) and Section 15A.4.1(b) of the By-law to permit the provision of 134 parking spaces for the clubhouse and boat moorings; whereas the by-law requires that 1 parking space for each 9.0 sq. m. of floor area be provided for the clubhouse (59 parking spaces required); and requires that 1.2 parking spaces per boat mooring be provided (123 parking spaces required). The total number of required parking spaces for the site is 182. (2) Section 15A.5.1(a) of the By-law to permit the continuance of a front yard depth of 1.5 m. for the storage shed; whereas the by-law requires that a front yard depth of 9.0 m. be provided. -- Section 15A.5.1(a) of the By-law to permit the continuance of a side yard width of 1.5 m. for the storage shed, school portable and junior sail storage shed; whereas the By-law requires that side yard widths of 9.0 metres be provided. (4) Section 5.21.2(a) of the By-law to permit the continuance of 41 % (54 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% (37 parking spaces) of the total required parking area. (3) (5) Section 5.21.2(b) of the By-law to permit the continuance of side yard parking at 0.0 m. from both side yard lot lines; whereas the By-law requires that side yard parking be permitted no closer than 7.5 m. from the side lot line on one side and 1.5 m. on the other side. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the Zoning By-law and to obtain a Building Permit for the school portable building on the subject property. The Secretary- Treasurer outlined comments received from the Planning Department and a verbal comment received (telephone call) in objection to the application from Ms. Gail Usher, 637 Breezy Drive, the property owner immediately to the north of the subject property. Mr. John Frenke was present to represent the applicant. Local Councillor Doug Wellman was present in favour of the application. Mr. Williamson, 970 Mink Street and Ms. Gail Usher, 637 Breezy Drive, were also present in objection to the application. Mr. Frenke indicated that the Planning Department had outlined the application fairly well. '-' Mr. Frenke stated that in the placing of the portable building on the lot, that they did not want to block the view of residents, and this was the reason for the placement of the building. He indicated that 9.0 metres was required according to the by-law for side yard widths and front yard depth. Mr. Frenke stated that from the neighbour's home to the north, the view of the portable would be looking overtop of the building. '-" ~ -74 - Mr. Puterbough asked Mr. Frenke how long the Frenchman's Bay Yacht Club had been operating. Mr. Frenke indicated that they had been in operation for a period of 20 years. Mr. Frenke stated that the portable building was to be used to accommodate the Yacht Club's Junior Sailing School. He indicated that all students would not be using the building at one time, and that some students would be in the water on sailboats and some on land. Mr. Frenke stated the junior sailing program had been in progress since 1975, and provides a service to the community. He stated their program is open to the community and that the price of membership was low. Mr. Frenke indicated that many local people are enrolled in the program. Mr. Puterbough stated that a portion on the east side of the lot which is shown on the site plan as a parking area, presently is used for boat storage. Mr. Frenke stated that this boat storage area could be moved if necessary. Mr. Williamson stated that he checked to see if there was a building permit issued for the portable building. He stated that he found that no building permit was issued for the portable, and that it was there illegally. Mr. Williamson stated that the building blocked his view from his home of Frenchman's Bay. He indicated that he has been a resident of the area for 27 years. Mr. Williamson said that the Frenchman's Bay Yacht Club does not have enough parking for the site. He said that parking is all over the streets, and that there would probably be more new members because of the new building. Mr. Williamson stated that no other agencies had been contacted such as the Ministry of Natural Resources, the Hydro or the Fire Department. He indicated that he felt that fire could be a problem on the site. Mr. Williamson indicated that the Yacht Club would probably want to expand further in the future, and that conditions relating to the club were getting out of hand. He stated that a school is located at the end of the street, and that traffic was a major problem. Mr. Puterbough inquired as to Mr. Williamson's statement that the portable building blocked his view of Frenchman's Bay. Mr. Williamson stated that he has been a resident for 27 years of the area, and that the portable blocked his view of Frenchman's Bay. Mr. Puterbough asked Mr. Frenke how high the building was. Mr. Frenke indicated that the building was 11 feet high. Ms. Usher stated that she lives next door to the Frenchman's Bay Yacht Club. She stated the club does not have enough parking since at times cars are parked along Breezy Drive, Sunrise Avenue and Mink Street. She indicated that her father had founded the Frenchman's Bay Yacht Club, and that she understood how good the club is, but that things were getting out of hand. She indicated that children attending the program are dropped ofT at 7:00 a.m., yet the club does not open until 9:00 a.m. Children are left unsupervised for this period, and over the lunch period causing disruption to the general area. Also, she indicated the litter from the club was ridiculous. She stated that it probably cost a great deal of money to put the portable building in its present location, and that the club had no permit for the building. She stated that the club keeps growing, and therefore acquires more boats. She stated that she has a problem with the Frenchman's Bay Yacht Club over her water rights and use of her dock area. Ms. Usher stated that Frenchman's Bay Yacht Club was more like a commercial industry and that it was getting too big. She stated that the value of her property has gone down as a result of the club. Mr. Bhuta asked Mr. Cole, if the parking was to comply with the zoning by-law, what the figure would be? Mr. Cole indicated that 182 spaces would be required to bring the property into compliance with the zoning by-law. Mr. Cole stated that the Yacht Club presently has 134 parking spaces. Mr. Bhuta stated that if the membership was increased at the Yacht Club, then there would be a serious problem. Mr. Cole stated that the parking requirement was not tied to the membership of the club. Mr. Carroll indicated that he did not believe there was sufficient area on the Frenchman's Bay Yacht Club property to enable conformity with the parking provisions of the current by-law. Mr. Frenke stated that the Constitution for the club was drafted in 1972. He indicated that w they do not have more space for additional boats. The membership for the club was intend to be small. Mr. Carroll noted that membership is somewhat limited by the number of boat slips available. Mr. Frenke indicated that they do have families that belong to the club, as well as individual members. .'W ....... - 75 - Mr. Puterbough indicated that with 134 parking spaces and with large family groups attending the club, that there could be a problem with parking. Mr. Frenke replied that at the time of the Regatta in the summer and one other occasion in the summer, there is somewhat of a parking problem. He stated that at the vast majority of the time, parking is not a problem. Ms. Archer asked the Secretary- Treasurer the number of residents that were circulated to in the Notice of Public Hearing. The Secretary- Treasurer replied that there were approximately 20 residences in the circulation. Mr. Bhuta inquired as to the number of members registered with the club now. Mr. Frenke stated there were approximately 125 members. Ms. Archer stated that the number of members registered with the club was not relative to the variance application. Local Councillor Wellman stated that the Frenchman's Bay Yacht Club is an asset to Pickering. He said that the portable building was purchased from the Scarborough Board of Education for $1.00, with the condition that the building be moved before school started in September, 1992. He stated that it would have been a shame for the club to miss the opportunity to provide a learning place for children. He indicated that he had recommended that the club bring the building to the site. Councillor Wellman submitted pictures of the site and explained that the portable was placed in the best possible position so as not to block the view of Frenchman's Bay to most residents. He concurred with the Planning Department's statement in their report to the Secretary-Treasurer in paragraph 5.(b) in that "through recognition of existing situations, and to permit the new portable building to be located in an area which has been determined to be the best location to minimize the visual impacts on the surrounding lands while integrating with the operations of the marina." Councillor Wellman stated that the Frenchman's Bay Yacht Club is community oriented, and noted that no written response in objection to the minor variance application was received. He stated that the club is to help the youth in Pickering, and that hopefully the problems regarding the boats and the dock could be resolved by Frenchman's Bay Yacht Club. Mr. Bhuta inquired as to the height of the fence between Ms. Usher's property and the club. Mr. Frenke indicated that it was approximately 6 feet high. Mr. Williamson stated that the quality of life in the area was greatly affected because of the club, and that the clubs is breaking by-laws. He requested that the application be tabled until he could speak with some of the neighbours. Ms. Archer indicated that the Committee had to focus on the variances as applied for, and that the Constitution of the Club was out of the hands of the Committee. Ms. Archer asked Mr. Carroll if there were any complaints to the Town of Pickering By-law Department. Mr. Carroll and Mr. Cole indicated that they had not heard of any complaints. Mr. Carroll advised that the portable building would have to comply with the Fire Code and the Building Code, and that a building permit would not be issued unless all approvals are granted. Mr. Williamson stated that the neighbourhood has many basement apartments, and that the parking situation is crowded. He stated that he did not think a fire truck could get down his street if a fire started. ~ Ms. Usher stated that she has lived beside Frenchman's Bay Yacht Club for 35 years and has said nothing until recently. She indicated that the boats and the parking were out of hand. Ms. Archer observed that if the portable building had not been placed on the property, the problems noted by the objectors would not have been revealed. Mr. Frenke said that they are trying to do the right thing now by applying for a permit for the building. He indicated that the parking for the site under the original by-law was satisfactory, but they do not meet the requirements now in existence. Mr. Carroll stated that the site plan does identify several parking spaces in areas which are currently sodded. If parking is a problem, these areas could be used to introduce additional parking spaces. Mr. Puterbough noted that many of the variances requested relate to an existing situation, and the club likely conformed when it was initially developed. He stated that it seemed the portable building was a problem to two people, not the entire neighbourhood. -76 - Mr. Puterbough asked Mr. Frenke if the variance was not granted for the portable building, what the club would do. Mr. Frenke indicated that the club would probably move the portable building into compliance with the by-laws (9.0 metre setbacks), but then the view of the lake would be blocked. DECISION: Moved by Mr. Bhuta, seconded by Mr. Puterbough and carried unanimously that - '-' this application, P /CA 70/92 as outlined be APPROVED on the grounds that the requested variances are minor in nature; the best internal on-site parking has been established; the current placement of the portable building is the most desirable location to permit for the appropriate development of recreational land; a building permit has been applied for and upon issuance of the permit, some concerns of the residents (fire code/building code compliance) will be eliminated; and the variances are in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Section 15A.4.1(a), Section 15A.4.1(b), Section 15A.5.1(a), Section 5.21.2(a) and Section 5.21.2(b) of Zoning By-law 2520 subject to the following condition: I. That this approval applies only to the parking layout and numbers, and the building locations as identified on the site plan submitted with this application. 5. PICA 71/92 - A. Watson Lots 11 and 12, Plan 350 Also known as 320 Toynevale Road Town of Pickering The applicant requests relief from the provisions of Section 10.2.3 of By-law 2511 to permit the continuance of a front yard depth of 7.2 metres whereas the By-law requires that any building structure provide a front yard depth of 7.5 metres. Approval of this variance application is required in order to bring the newly constructed dwelling on the lot into compliance with the zoning by-law. The Secretary-Treasurer outlined comments received from the Planning Department and a fax received from Mr. Ken Sherbanowski, Ministry of Transportation objecting to the building permit issuance. -- Ms. Archer asked Mr. Baker if he was aware of the fax and the concerns of the Ministry of Transportation, and Mr. Baker stated that he was aware of their concern. Mr. David Baker was present to represent the applicant. No further representation was present in favour or in objection to the application. Mr. Baker indicated that the house was out 7 to 8 inches and was a sighting error in the building of the house. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Scorer, and carried unanimously that - this application, P /CA 71/92, as outlined, be APPROVED, on the grounds that the front yard depth variance is minor in nature, desirable for the appropriate development and use 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 By-law 2511 subject to the following condition: I. That this variance apply only to the dwelling in existence on the date of this decision as shown on the plans submitted with this application. 6. P /CA 72/92 - Garthwood Homes Limited Lot 25, 40M-1700 Also known as 1516 Meldron Drive Town of Pickering -- The applicant requests relief from the provisions of Section 5(I)(b)(iv)A of By-law 3036, as amended by By-law 2835/88 to permit the continuance of a south side yard width of 1.1 metres whereas the By-law requires that a dwelling provide minimum side yard widths of 1.2 metres. Approval of this variance application is required in order to bring the newly constructed dwelling on the lot into compliance with the zoning by-laws. -77 - Mr. Lazaridis was present to represent the applicant. No further representation was present in favour or in objection to the application. The Secretary-Treasurer outlined comments received from the Planning Department. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously that - This application, P /CA 72/92 by Garthwood Homes Limited, as outlined, be APPROVED, on the grounds that the side yard width variance is minor in nature, desirable for the appropriate development and use 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(I)(b)(iv) of By-law 2835/88 subject to the following condition: ~ I. That this variance apply only to the dwelling in existence on the date of this decision as shown on the plans submitted with this application. 7. PICA 73/92 - J. & S. Young and R. & K. Watters Lot 594, Plan M-18 Also known as 950 Essa Crescent Town of Pickering The applicants request relief from the provisions of Zoning By-law 2520: (a) Section 7.2.3 of the By-law to permit the continuance of a rear yard depth of 4.2 metres whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. (b) Section 5.19(d) of the By-law to permit the establishment of a 1.2 metre east side yard width whereas the By-law requires that a dwelling with an attached accessory structure provide minimum side yard widths of 1.5 metres on both sides. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the zoning by-law and to obtain a building permit for a proposed carport extension. ",-". The Secretary-Treasurer outlined comments received from the Planning Department. Mr. Randy Sora of the company EZ Access, was present to represent the applicants. Mr. Rick Watters, one of the owners of the property, was also present. No further representation was present in favour or in objection to the application. Mrs. Kerr asked Mr. Sora when the deck at the back of the house was built. Mr. Sora indicated that the deck had been built two years before his clients purchased the home. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously that - this application, P /CA 73/92, 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 Section 7.2.3 and Section 5.19(d) of Zoning By-law 2520 subject to the'following condition: I. That this variance apply only to the existing uncovered second-storey deck and carport extension as generally outlined in this application. 8. P /CA 74/92 - D. and S. Crone Lot I, Plan 558 Rural Route 2 Town of Pickering -- APPLICATION The applicants request relief from the provisions of By-law 3036: (2) Section 5.18(a) of the By-law to permit the continuance of an accessory structure (garage) located in the side yard whereas the by-law requires that accessory structures that are not part of the main building be located in the rear yard. Section 9.2.5 of the By-law to permit the continuance of a dwelling floor area of 95f m2 whereas the by-law requires that a dwelling provide a minimum floor area of 110m . (I) - 78 - Approval of this variance is required in 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 and the Region of Durham Health Services. Mr. Crone was present to represent the application. No further representation was present in favour or in objection to the application. Mrs. Kerr asked Mr. Crone why he was bringing the application before the Committee. Mr. Crone indicated that recently they had been informed that the property did not comply with the zoning by-laws when they obtained a new mortgage. DECISION: Moved by Mrs. Kerr, seconded by Mr. Puterbough, and carried unanimously that - '-" this application, P /CA 74/92 by D. and S. Crone, as outlined, be APPROVED on the grounds that the existing accessory structure variance and the existing gross floor area variance are minor in nature, required to recognize existing situations, which are desirable for the appropriate use of the land, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Sections 5.18(a) and 9.2.5 of By-law 3036 subject to the following condition: I. That this variance apply only to the dwelling gross floor area and accessory structure location situations in existence on the date of this decision as shown on the plans submitted with this application. 9. NEW BUSINESS (i) MOTION: Moved by Mr. Puterbough, seconded by Mrs. Kerr and carried unanimously that the following amendments to the Town of Pickering Committee of Adjustment Rules of Procedure be adopted: - 4.1.7 In the event that no applications to the Committee of Adjustment are received for a scheduled meeting, such meeting is considered cancelled. 5.11 The fees to be charged for Committee of Adjustment applications including Special Meetings of the Committee, shall be as determined by the Council of the Town of Pickering. 'W' (ii) MOTION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that - the 1993 Meeting Schedule for the Town of Pickering Committee of Adjustment be adopted. 10. ADJOURNMENT MOTION: Moved by Ms. Archer, seconded by Mrs. Kerr and carried unanimously- That the 15th meeting of the Committee of Adjustment be adjourned at 9:10 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, January 13, 1993. /) ~" ,', .,,1 )" <:!',-t"c~~/ ".;.-t,l DATIf' .)1 " ',:)1 / L/ t:; "j ~/ j /.. "f-..--....~ ~ ~tt/JV Jf7{~ L/ CHAIRMAN