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HomeMy WebLinkAboutJuly 21, 1992 I ' - 50 - MINUTES of the 9th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Centre on Tuesday, July 21, 1992. PRESENT: Ms. S. Archer, Chairperson Mrs. D. Kerr Mrs. C. Scorer Mr. M. Puterbough Mr. B. Bhuta '-" ALSO PRESENT: Mrs. E. McDougall, Secretary- Treasurer Mrs. P. Healey Mr. J.G. Cole, Planner The Meeting convened at 6:50 p.m. in the Legal Services Meeting Room and thereafter continued in the Committee Room of the Civic Centre. 1. APPOINTMENT OF SECRETARY-TREASURER MOTION: Moved by Ms. Archer, seconded by Mrs. Kerr, and carried unanimously that due to the resignation of Mrs. Cheryl Livie as Secretary- Treasurer of the Committee of Adjustment, that Eva J. McDougall be appointed as Secretary- Treasurer of the Committee of Adjustment for the Town of Pickering. 2. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 3. ADOPTION OF MINUTES MOTION: Moved by Mrs. Scorer, seconded by Mrs. Kerr and carried unanimously- "-". That the minutes of the 8th meeting of the Committee of Adjustment held July 2, 1992 be adopted. 4. P /CA 38/92 - W. J. Lawlor Block E & Part of Lots 10 & II, Plan 65 Also known as 666 Pleasant Street Town of Pickering The applicant requests relief from the provisions of Section 5.19(a) of By-law 2511 to permit a detached accessory structure (shed) to be located in the rear yard a minimum of 0.45 metres from the south lot line and 0.45 metres from the west lot line, whereas the By-law requires that accessory structures be located in the rear yard not less than 1.0 metres from all lot lines. Approval of this variance application is required in order to obtain a building permit for a proposed accessory structure. Mr. and Mrs. Lawlor were present to represent the application. No further representation was present in favour or in objection to the application. The Secretary-Treasurer outlined comments from the Planning Department and Public Works Department. A copy of all comments received was provided to the applicant and Committee Members. .... Mr. Lawlor stated that he spoke with Mr. Brian Holmes of the Town of Pickering Public Works Department regarding the eavestrough, and is willing to install the eavestrough with an 18" to 24 "overhang. Mr. Lawlor also stated that he is willing to install a fire retaining wall on the east side of the building. - 51 - DECISION: Moved by Mrs. Kerr, seconded by Mr. Bhuta that- this application, P /CA 38/92 by W.J. Lawlor, as outlined, be APPROVED on the grounds that the requested variance is minor in nature due to the fact that adjacent properties have similar structures, appropriate for the development of the land, and that the structure is to be located 24" from the lot line, and is generally in keeping with the intent of the Zoning By-law and OMcial Plan. Amendment moved by Ms. Archer, and seconded by Mr. Bhuta, that - W.J. Lawlor is to add eavestrough to the roof of the structure, and in addition will install '-" 5/8" tire-rated gypsum board on the inside face of the walls of the structure facing these lots lines (as required by the Public Works Department). DECISION AND AMENDMENT carried unanimously 5. P /CA 45/92 - B. & S. Dickens Part Lot 15, Plan 820 Also known as 1770 Fairport Road Town of Pickering The applicants request relief from the provisions of: a) Section 5.18(e) of By-law 3036 to permit the establishment of.a maximum height of 3.65 metres for the proposed addition to a detached garage on the subject property, whereas the By-law limits the height of detached accessory structures in any residential zone to a maximum of 3.5 metres. b) Section 6.5(b) of By-law 3036 to permit the housing of six privately owned vehicles in the detached garage on the subject property, whereas the By-law states that an owner or occupant of a lot, building or structure in any Residential Zone may use any enclosed building or structure accessory to the main building or structure erected on the same lot for the housing of one trailer, one commercial vehicle and not more than three privately owned vehicles. '-' Approval of this variance is required in o~er that a building permit may be obtained for a proposed addition (approximately 108.7m ) to the existing detached garage on the subject property. Mr. and Mrs. Dickens were 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. Verbal comments were received from the Durham Regional Health Service indicating that they had no objection to the application. No other comments were received. Mr. Dickens stated that he does not want a six car garage, and does not wish to exceed the limits provided in the Zoning By-law. He also noted that if he had worded the application in a ditTerent way, he would not require a variance for this provision of the By-law. Ms. Archer stated that he would then have a coverage problem. Mr. Cole stated that if the structure was not a garage, then it would be considered an accessory structure, which structure would not be permitted to exceed 5% of the lot coverage (garages are exempt). Mr. Cole stated that it would require a new application, and the design of the building would have to be altered to remove the vehicle doors which allow it to be a garage. Mr. Dickens then stated he wished his application be considered as previously submitted. Mr. Dickens stated that his neighbours signed a paper indicating that they were not in objection to the application, and that the present plans would enhance the yard. Mr. Dickens stated he required the structure to.park his snowmobile and car. '-' Mr. Puterbough stated that he had concern for the future use of the garage in that it may be used for commercial purposes. Mr. Dickens indicated that there are laws governing businesses carried on in the home, and stated he did not intend to use the structure for commercial purposes. ~ - 52 - Mrs. Dickens stated that they have greatly improved the property and felt the garage would only enhance the appearance of the property. DECISION: Moved by Mr. Bhuta and seconded by Ms. Kerr, that- this application, P /CA 45/92 by B. & S. Dickens, as outlined, be APPROVED on the grounds that the requested variance is not major in light of the lot size, location of the property, the garage being at the rear of the property and the Bell building being on the south of the property, it appears to be not a major variation; and Amendment moved by Ms. Archer and seconded by Mrs. Kerr, this application, P /CA 45/92 'W'. by B. & S. Dickens, as outlined, be APPROVED on the grounds that the requested variance is appropriate for the development of the land and in keeping with the general intent and purpose of the Durham Omcial Plan, the By-law and the proximity to the Bell Building. DECISION AND AMENDMENT carried. 6. P /CA 52/92 - R. & G. Quinsey Part Lot 15, Plan 40M-1488 Also known as 1642 Hollyhedge Drive Town of Pickering The applicants request relief from the provisions of Section 5(2)(b)(vi) of By-law 2015/85 to permit the establishment of a minimum 5.46 metre rear yard depth to be provided by the existing dwelling and a proposed addition to the rear of the dwelling, whereas the By-law requires that a dwelling provide a minimum of 7.5 metre rear yard depth. Approval of this variance application is required in order that a building permit may be obtained for a proposed addition (sunroom approximately 3.04 m x 2.43 m) to the rear of the existing dwelling. The Secretary-Treasurer outlined comments received from the Planning Department. No other comments were received. '-' Mr. Rick Banman, authorized agent for the applicant, was present to represent the application. No further representation was present in favour or in objection to the application. Mr. Banman indicated that the sunroom would be built to the specifications of the Building Code. He indicated that there was greenbelt behind the property. DECISION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously that - this application, P /CA 52/92 by R. & G. Quinsey, 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 Sections 5.(2)(b)(vi) of Zoning By-law 2015/85, subject to the following condition: I. That the rear yard depth variance apply only to the proposed rear yard addition as generally described by this application. 7. P /eA 53/92 - K. Zeh Lot 28, Plan M-90 Also known as 1252 Bayview Street Town of Pickering The applicant requests relief from the provisions of: ........ (a) Section 5.19(a) of By-law 2511 to permit the continuance of a minimum 0.92 metre north yard width provided by a detached accessory structure located in the rear yard of the subject property, whereas the By-law requires that a detached accessory structure be located in the rear yard not less than 1.0 metres from all lot lines. Section 10.2.2 of By-law 2511 to permit a minimum lot area 01 413.3m2, whereas the By-law requires that a lot provide a minimum lot area of 460 m . (b) - 53 - (c) Section 10.2.3 of By-law 2511 to permit: '-" (i) the continuance of a minimum 1.22 m. east side yard width provided by the existing dwelling on the lot and the establishment of a minimum 1.22 m. east side yard width to be provided by a proposed addition to the rear of the existing dwelling on the lot, whereas the By-law requires that a dwelling without an attached garage provide minimum side yard widths of 1.5 m. on one side and 2.4 m. on the other side; and (ii) the continuance of a minimum 3.66 m. front yard depth provided by the existing dwelling on the lot, whereas the By-law requires that a dwelling provide a minimum 7.5 m. front yard depth. Approval of this variance application is required in order to bring the subject property into compliance with the provisions of the By-law and to permit the issuance of a building permit for a proposed addition (approximately 7.32m. x 3.36m.) to the rear of the exiting dwelling on the lot. The Secretary-Treasurer outlined comments received from the Planning Department. No other comments were received. Mr. Zeh was present to represent the application. No further representation was present in favour or in objection to the application. '-" Mr. Zeh indicated that Section C, 3rd line should read "on top of the rear of the building" as he was adding another storey to the present dwelling. Mrs. Archer indicated that it was still a variance regarding lot coverage. Mrs. Scorer asked the purpose of the "lean-to" on the subject property. Mr. Zeh indicated that it was used for storage of firewood. DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr, and carried unanimously that - this application, P /CA 53/92 by K. Zeh, 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 Sections 5.19(a), 10.2.2, and 10.2.3 of By-law 2511, subject to the following condition: I. That approval of this variance apply only to the existing dwelling with an addition as generally outlined in this application. 8. P /CA 54/92 - Canadian Imperial Bank of Commerce Part Lot 21, Concession 1 Town of Pickering The applicant requests relief from the provisions of: a) Section 5(2)(b)(i)-Schedule II of amending By-law 2349/87 to permit the establishment of a minimum 1.0 metre yard setback along the lot line adjacent to Glenanna Road proposed to be provided by a commercial building to be constructed on the subject property, whereas the amending By-law 2349/87 requires that a building on the subject property provide a minimum 14.0 metre setback from all lot lines. b) Section 5(2)(b)(v)(D) of amending By-law 2349/87 to permit a minimum 1.0 metre parking setback adjacent to the Glenanna Road road allowance, whereas the amending By-law 2349/87 requires that parking areas be setback a minimum of 3.0 metres from all road allowances. Approval of this variance application is required to allow a reduction in the yard setback '.,. from Glenanna Road from 14.0 metres to 1.0 metre, and to permit a minimum 1.0 metre parking setback adjacent to the Glenanna Road road allowance. The Secretary-Treasurer outlined comments received from the Planning Department. Comments were also received from Mr. David R. Henderson, 1694 Sir Montys Drive, Mississauga, Ontario L5N 4RS. A copy of all comments received was provided to the applicant and committee members. Ms. M. McKenna and Mr. Michael Taylor, of the firm Kuwabara Payne McKenna Blumberg, Architects, were present to represent the application. No further representation was present in favour or in objection to the application. - 54 - Ms. McKenna stated that her firm has won two Governor General awards for architectural design. She indicated that the building to be constructed will be of substantial quality. There will be a garden wall along Highway No.2 and Glenanna Road to mask the parking area. The one metre setback allows a garden wall to be planted masking the parking along Glenanna Road and permits green space to be expanded at the corner of Glenanna Road and Highway No.2. Ms. McKenna indicated that the 14.0 metre setback required by the By-law was to accommodate a much larger building of several storeys. The building proposed is only a one-storey building. -- Mrs. Kerr wondered if there was sufficient parking for the site as the property to the south of the building is to be developed as a medical centre, and parking will be shared by the two buildings. Mr. Cole indicated that the parking calculations cover the two buildings. Mrs. Scorer inquired regarding the third condition of approval in the comments received from the Planning Department. Mr. Cole indicated that "Development Plans" are documents approved by Council. If the variance application is conditionally approved, it is anticipated that Council will consider a Development Plan amendment at their August 4, 1992 Council meeting. DECISION: Moved by Mrs. Scorer, seconded by Mr. Puterbough and carried unanimously that - this application, P /CA 54/92 by the Canadian Imperial Bank of Commerce be APPROVED, as outlined, on t,he grounds that the proposed variances are minor in nature because of the existing width of the boulevard and the proposed landscaping, desirable for the appropriate development of the subject lands, and in keeping with the general purpose and intent of the Durham Regional Official Plan, the Pickering District Plan and Sections 5(2)(b)(i) - Schedule II and 5(2)(b)(vi)D of Zoning By-Law 3036, as amended by By-laws 2349/87 and 2837/88, subject to the following conditions: 1. That the applicant obtain site plan approval from the Planning Department within one year of this decision or this decision shall become null and void. '-' That these variance approvals apply only to the Glenanna Road property line of the subject site. 3. That Council approve an amendment to the Town Centre Community - Main Central Area North Development Plan to allow a reduced setback across the Glenanna Road frontage of the subject property. 2. 9. ADJOURNMENT MOTION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously that- the 9th meeting of the Committee of Adjustment be adjourned at 8:30 p.m. and the next regular meeting be held on Wednesday, August 12, 1992. ~D" 0 /;<J /,;>9 R.. ~ctl/lv fl;d~ CHAIRPERSON '-' ,,(t; ,,', /7 ~~~~~Wfu~