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HomeMy WebLinkAboutNovember 4, 1992 ~ ltfCBVEb 'C 6.J DEe 17 d9Z. ~, TOWN OF ~" ~~~:~R~~p~. '7, , . . / MINUTES of the 1 'mee.ti!!g..oflh~/ Committee of Adjustm I 'held jJ:lAfie Committee Room of the Pfckering Civic Complex on Wednesday, November 4, 1992. - 68 - .... PRESENT Ms. S. Archer, Chairperson Mrs. D. Kerr Mr. M. Puterbough Mrs. C. Scorer ALSO PRESENT Mrs. E. McDougall, Secretary-Treasurer Mrs. L. Taylor, Assistant Secretary-Treasurer 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 Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously- That the minutes of the 13th meeting of the Committee of Adjustment held October 14, 1992 '-" be adopted. 3. PICA 68/92 - A. and J. Schiber Part of Lot 18, Concession 1 Also known as 1045 Toy Avenue Town of Pickering The applicants request relief from the provisions Zoning By-law Number 2511, as amended by Zoning By-law 1522/82, Section 16.3.12 (1) and Section 16.3.12(2) to permit the repair, service or sale of construction and farm equipment whereas the By-law permits a Truck Centre where trucks or tractor trailers are repaired, serviced or kept for sale. Approval of this application is required in order that the existing building and associated parking may be used for a construction and farm equipment sales, service and repair establishment. Mr. A. Schiber was present to represent the application. No further representation was present in favour or in objection to the application. The Secretary-Treasurer outlined comments received from the Planning Department. Mr. Schiber stated he applied for the use variance because Case Power and Equipment wanted to move into the premises and needed the zoning to permit the repair, service or sale of construction and farm equipment. - DECISION: Moved by Mrs. Kerr and seconded by Mr. Puterbough and carried unanimously that - this application, PICA 68/92, as outlined, be APPROVED on the grounds that the requested variance is minor in nature, and required to permit a desirable and appropriate use which is in keeping with the general intent and purpose of the Durham Regional OIDcial Plan, the Pickering District Plan, and Sections 16.3.12(1) and 16.3.12(2) of By-law 2511, as amended by By-law 1522/82. - 69 - 4. PICA 69/92 - C. and D. Guerrieri Lot 14, Plan 40M-1627 Also known as 938 Duncannon Drive Town of Pickering The applicants request relief from the provisions of By-law 3036, as amended by By-law 2917/88, Section 5. (2)(b ) of the By-law to permit the continuance of a sundeck detached from the existing dwelling and located within the Open Space Hazard Lands Zone whereas the '-' By-law restricts the construction of structures or buildings in Open Space Hazard Lands. Approval of this variance is required to bring the subject property into compliance with the provisions of the By-law. Mr. and Mrs. Guerrieri were present to represent the application. Mr. Angelo Koichopolos, 942 Duncannon Drive, was also present in favour of the application. The Secretary- Treasurer outlined comments received from the Planning Department. Comments indicating no objection to the application were also received from the following: Vince Giordano and Sandra Giordano, 931 Duncannon Drive; Mr. and Mrs. Koichopolos, 942 Duncannon Drive; Nancy Smith and Steve Smith, 934 Duncannon Drive; A petition signed by neighbouring landowners (17 properties) was also received indicating no objection to the application; and The Secretary- Treasurer advised the Committee of a telephone call received from Laura Masur (landowner of 940 Duncannon Drive) on November 4th, 1992 wherein Ms. Masur indicated that she had no objection to the application. Mrs. Archer asked if the application was correct as outlined. Mrs. Guerreiri stated that the application was not correct as the word "partially" was not used and that the deck was "partially" located in the Open Space-Hazard Land zone. Mr. Guerrieri stated that Mr. Jeffrey Cole had mentioned in Mr. Cole's memorandum to the Secretary- Treasurer of the Committee of Adjustment (page 10 of the Agenda for meeting of November 4, 1992), that "fill" was used on their property, when in fact Mr. Guerrieri stated no fill was used on their '-' property in the Open Space Hazard Land zone. Ms. Archer clarified that the Committee was aware that the deck was only "partially" located in the Open Space-Hazard Land zone as indicated on the circulation notice and report prepared by the Planning Department. She also indicated that fill does not necessarily mean earth and that the gabion wall and associated works could also represent fill. (1) (2) (3) (4) (5) Mr. Guerrieri stated that he had written a letter to Jeff Cole on July 20, 1992. He stated he also went to the Metropolitan Toronto and Region Conservation Authority (MTRCA). Mr. Guerrieri stated he wanted to resolve the problems related to his property. 'lw Mr. Guerrieri stated he removed the treehouse located in the Open Space-Hazard Land zone. He indicated that he had spoken with the Masur's (located at 940 Duncannon Drive) to try and accommodate them. He stated he spoke with Council of the Town of Pickering, and they indicated to contact the MTRCA. A representative from the MTRCA did attend at his property to see what they had done. In relation to Mr. Cole's statement regarding the trees and placement of fill on the property, Mr. Guerrieri indicated that they loved the wildlife on the property. He stated they had put up a bird feeder to enhance wildlife. He indicated they also feed the raccoons, and that they wanted and enjoyed the trees on their property. Mrs. Guerrieri stated that she did not want the builder to remove the trees on the lot before the house was built, and had tagged trees that they did not want removed. One tree on the lot was located too close to their house, and finally Mrs. Guerrieri agreed that the tree did have to come down. Mr. Guerrieri had for exhibit to the Committee Members, a letter from the Town of Pickering stating that the tree could come down. Mr. Guerrieri displayed a letter and drawing of his property from the contractor he retained for work on his lot. The drawing showed the slope of the rear yard. Mr. Guerrieri indicated that the gabion wall was stepped, and that no fill was used in constructing the gabion wall. He also advised that the deck is not attached to the house, and is at grade until approximately 4.0 metres away from the rear of the house. Mr. Guerrieri stated his property was beautiful. He indicated that the MTRCA were happy, and that he has tried to satisfy his neighbours. -70 - Ms. Scorer asked Mr. Guerrieri who had requested them to cut the deck back. Mr. Guerrieri indicated that he volunteered to cut the deck back. He stated that 70% of his neighbours are having problems with the grades of their property. He indicated that on the properties to the north of his (other side of ravine), the MTRCA had built retaining walls for their properties. Ms. Archer asked Lynda Taylor what By-law applied to those properties. Mrs. Taylor indicated that she thought it was an older By-law and could research if so requested. '-' Mr. Guerrieri stated he had made a mistake. He stated he wanted to resolve the problems, and that the MTRCA said everything was OK and asked the Committee to accept the variance. He stated that every neighbour he spoke with signed the petition indicating no objection to the application. He stated the application had become a public issue. Mrs. Kerr asked the location of the gabion wall in relation to the deck. Mr. Guerrieri stated that his wife did not want to look at the gab ion wall after it was constructed, so he built the deck overtop of it to cover it up. Mrs. Kerr then inquired if the gab ion wall was exposed, would there be any danger? Mrs. Guerrieri replied that someone could get hurt on the wires/rocks. Mr. Koichopolos of 942 Duncannon Drive stated that he had no problem with the application, and that he was in favour of the deck. He could see no problem with the application. Mrs. Kerr then asked if there was dirt between the gabion wall and the pool. Mr. Guerrieri stated there was a small buffer of earth (not fill) between the gabion wall and the pool, and that the gabion wall was stepped as indicated on a drawing he had shown, and that the gab ion wall was "L" shaped. Mrs. Guerrieri stated that she had bought the property because of the trees, and that they had only removed one tree with permission, and the tree was not located in the Open Space-Hazard Land zone. Mr. Puterbough indicated that the pool was in the wrong place, and perhaps could have been closer to the house. Mr. Guerrieri indicated that the pool was not in question. __ Mr. Guerrieri indicated that he was originally encroaching 12.0 metres into the OS-HL zone, and now he is only encroaching 1.8 metres. Mr. Guerrieri stated he had 18 signatures on the petition from his neighbours indicating no objection and that the MTRCA was satisfied. He stated that he was sorry for what happened and wanted to get on with his life. DECISION: Moved by Mrs. Scorer and seconded by Miss Archer, and carried that- this application, P /CA 69/92, as outlined, be APPROVED, on the grounds that the variance is minor in nature; appropriate development of the land; in keeping with the intent of the Pickering District Plan and Zoning By-law; as the structure in the Hazard Land Zone is not affecting the neighbours and the neighbours strongly support the application; furthermore the Metropolitan Toronto and Region Conservation Authority indicated their support of the revised deck layout and the MTRCA's comments are a strong reason for the motion for approval; therefore the application is approved subject to the following condition: (I) The deck within the Open Space Hazard Land zone is to be flush with the north limit of the gabion wall and where a structural gabion wall is not involved, the deck should comply with the zoning by-law provisions of the Open Space-Hazard Land zone. 5. PICA 69/92 - C. and D. Guerrieri Lot 14, Plan 40M-1627 Also known as 938 Duncannon Drive Town of Pickering '-" DIRECTION: That the Planning Department of the Town of Pickering, be directed to make a written statement to the Metropolitan Toronto and Region Conservation Authority regarding the direction they took on the issue. "- ,....., .71 . 6. ADJOURNMENT MOTION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously. That the 14th meeting of the Committee of Adjustment be adjourned at 8:30 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, November 25,1992. -nC?-?~;:~) /6, /9f?cL /" DATE r-:l ~ff~ /ld~~ CHAIRMAN s~~(~Wi:~ .......