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HomeMy WebLinkAboutDecember 15, 1993 74 ~~ OF PIc.' ,,0 ~ ~--~ ~ :Iii~ G) - '-" MINUTES of the 19th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, December 15,1993 PRESENT: Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough 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 Mr. Puterbough, seconded by Mrs. Kerr and carried unanimously- '-" That the minutes of the 18th meeting of the Committee of Adjustment held November 24, 1993 be adopted. 3. PICA 98/93 - COM 53 Ltd. Part of Lot 19, Concession 1 Also known as 1755 Plummer Street The applicant requests relief from the provisions of Section 16.1.1 of By-law 2511 to permit the continuance of an associated commercial recreational establishment (dance school) to operate on the premises, whereas the by-law permits recreational uses when planned and constructed as integrated parts of an industrial subdivision, and not intended to be a commercial establishment. The applicant requests this variance application in order to allow a dance school to operate in one of the units on the subject property. Mr. H. Puppi, representing the applicant, was present to represent the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning ~ Department, comments outlined in a letter to the Committee by the applicant, and a letter received from Durham Dance Centre in support of the application. 75 DECISION: Moved by Mr. Puterbough and seconded by Mr. Bhuta and carried unanimously that - this application, PICA 98/93, by COM 53 Ltd. as outlined, be APPROVED, on the grounds that the proposed variance to permit a dance school as an additional use on the subject site is minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan and Section 16.1.1 of Zoning By-law 2511 subject to the following condition: -- 1. That this variance apply only to the dance school use as requested in this application. 4. PICA 99/93 - Rulor Developments Limited Block 24, Plan 40M-1366 The applicant requests relief from the provisions of Section 4.(1 )( e) of amending By-law 1849/84 to Zoning By-law 2511, to permit the establishment of one of a pair of single dwellings, and to provide for the future connection (below grade) to the other half of the pair when the property to the south is developed, whereas the By-law defines a semi-detached dwelling as one of a pair of single dwellings, such dwellings being attached together horizontally in whole or in part below grade only. The applicant requests this application in order to obtain a building permit to construct a dwelling on the subject property. The applicant requested a deferral of the application to the Committee Meeting of Wednesday, February 2, 1994, in order to allow discussions with CN North America regarding the subject property. MOTION: Moved by Mrs. Kerr, and seconded by Mr. Bhuta, and carried unanimously that- __ this application, PICA 99193, by Rulor Developments Limited, as outlined, be DEFERRED to the Committee of Adjustment meeting of Wednesday, February 2, 1994. 5. PICA 100/93 - North Pier Estates Limited Lot 32 Right, Plan 40M-1729 Also known as 1535 Otonabee Drive The applicant requests relief from the provisions of Zoning By-law 3036, Section 5.(I)(b)(vi) of amending Zoning By-law 4112/92, to permit the continuance of a rear yard depth of 7.27 metres provided by the dwelling on the lot, whereas the by-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. The applicant requests this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. Mr. Reininger, of North Pier Estates Limited, was present to represent the application. No further representation was present in favour of or in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning __ Department. DECISION: Moved by Mr. Puterbough and seconded by Mr. Bhuta and carried unanimously that - this application, PICA 100193, by North Pier Estates Limited, as outlined, be APPROVED on the grounds that the 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.(I)(b)(vi) of amending By-law 4112/92 to Zoning By-law 3036 . 76 6. PICA 101/93 - Pickering Square Inc. Part of Lot 60 and Part of Park Lot, Plan 509 Also known as 1440 -1498 Kingston Road The applicant requests relief from the provisions of Section 5.(2)G)(ii)C of amending By-law 2568/87 to Zoning By-law 3036, (as further amended by By-law 1197/80 and varied by PICA 108/89), to allow a take-out food component for the restaurants in the subject building; and a minimum gross leasable floor area of 520 square metres for all the restaurants located in the subject building, whereas the By-law limits the gross leasable floor area for all restaurants "Type B" (eat in only) to a maximum of372 square metres. '-" The applicant requests this variance application in order to allow a second restaurant of 148 square metres of gross leasable floor area with a take-out food component, and to bring the subject property into compliance with the provisions of the zoning by-law. Mr. R. Feldman, representing the applicant, was present to represent the application. Mr. and Mrs. R. Robertson, 1910 Glenview Road, were present in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and a letter submitted to the Committee from Mr. Peter Smith, 1896 Glenview Road, in objection to the application. Mr. Feldman advised the Committee that the proposed tenant for the second restaurant would be located at the east end ofthe plaza. Mr. Feldman advised that the restaurant would be primarily a sit-down restaurant, with a small component for take-out food. Mr. Puterbough stated the traffic at the east end of the plaza is quite a problem. Mr. Feldman advised that the real estate office is no longer a tenant in the plaza, and it generated a large number of cars on site. He stated that the tenants could park at the west end of the plaza, and added that he did not feel the additional restaurant would greatly increase traffic to the plaza. '-" Mr. Robertson advised the Committee that the parking for the plaza is not adequate, and that the parking lot is 80 percent full most of the day. He also stated that a great deal of garbage is collected in the area, and further take-out restaurants would only add to this problem. Mr. Feldman advised that the proposed tenant had won awards from the Ministry, and that the take-out component of the restaurant would be minimal. DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried that- this application, PICA 101/93, by Pickering Square Inc., as outlined, be APPROVED on the grounds that the proposed variance to permit an increase in the aggregate gross leasable floor area for Restaurants Type B, and to permit take-out food as an ancillary component of Restaurants Type B uses on the subject site is minor in nature, appropriate and desirable development 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.(2)G)(ii)C of amending By-law 2568/87, to Zoning By-law 3036 (as further amended by By-law 1197/80 and PICA 108189) subject to the following condition: 1. That this variance apply only to two Restaurant Type B uses as generally requested in this application. '-' 77 7 . PICA 102/93 - JNS Developments Limited (Land awn Shopping Centres Ltd.) Part of Lot 23, Concession 1 Also known as 1271 Kingston Road The applicant requests relief from the provisions of amending By-law 1680/83 to Zoning By-law 3036 (as further amended by By-laws 1727/83 and 2006/85): ........ 1. Section 5.(1)(b)(vi)B of amending By-law 1680/83 to permit the establishment of 4.3 parking spaces per 93 square metres of gross leasable floor area to be provided on the lot (41 parking spaces to be provided), whereas the By-law requires that a minimum of five (5) parking spaces for each 93 square metres of gross leasable floor area be provided on the lot (47 parking spaces required). 2. Section 5.(1)(b)(vi)A of amending By-law 1680/83 to permit the establishment of a parking space size of 15.89 square metres for the parking spaces on the subject property, whereas the By-law requires that a parking space be of a size of not less than 15.95 square metres. The applicant has requested this variance application in order to bring the property into compliance with the provisions of the zoning by-law, and to recognize an existing access route over the subject property to Kingston Road. Ms. N. Mott-Allen (Borden & Elliot, Barristers & Solicitors), representing the applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and a letter received from Lexton Developments Limited in favour of the application. Ms. Mott-Allen explained that the variance application was submitted in order to recognize an w existing driveway access to Kingston Road. Ms. Mott-Allen advised the Committee that she felt that the condition of approval suggested by the Planning Department, "that the owner obtain site plan approval", is redundant. She advised that it will be a condition of severance that the applicant obtain site plan approval for the property. Mr. Cole suggested that the condition could be connected only to the variance application. DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr and carried unanimously that- this application, PICA 102/93, by JNS Developments Limited, as outlined, be APPROVED, on the grounds that the requested variances are minor in nature, in keeping with the general intent and purpose of the Durham Regional Official Plan, the Pickering District Plan, and Sections 5.(I)(b)(vi)(A) and 5.(1)(b)(vi)(B) of of amending By-law 1680/83 to Zoning By-law 3036 (as further amended by By-laws 1727/83 and 2006/85), subject to the following condition: 1. That the owner obtain revised site plan approval form the Town within 12 months of the date of this decision or this decision shall become null and void. 8. PICA 103193 - I.P.C.F. Properties Inc. Part of Lot 23, Concession 1 Also known as 1790 Kingston Road --- The applicant requests relief from the provisions of amending By-law 1680/83 to Zoning By-law 3036 (as further amended by By-laws 1727/83 and 2006/85, and PICA 52/91 and PICA 28/93) as follows: 78 Section 5.(1 )(b )(vi)B of amending By-law to permit the establishment of 4.24 parking spaces per 93 square metres of gross leasable floor area to be provided on the lot (588 parking spaces to be provided), whereas the By-law requires that a minimum of five (5) parking spaces for each 93 square metres of gross leasable floor area be provided on the lot (693 parking spaces required). The applicant has requested this variance application in order to bring the property into compliance with the provisions of the zoning by-law, and to recognize an existing access route to Kingston Road over the subject property and the property directly to the north of the subject site. '-'" Ms. N. Mott-Allen (Borden & Elliot, Barristers & Solicitors), representing the applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and a letter received from Lexton Developments Limited in favour of the application. Ms. Mott-Allen advised the Committee that the variance application was submitted in order to recognize an existing access to Kingston Road, and to bring the site into conformity with the zoning by-laws. She advised that the site is not developed according to the site plan, but that the site has been operating with the reduced number of parking spaces for quite some time. She also advised that the applicant is entering into agreements with the Ministry of Transportation and the Town of Pickering to upgrade the access onto Kingston Road. DECISION: Moved by Mrs. Kerr and seconded by Mr. Puterbough and carried unanimously that - this application, PICA 103/93, by I.P.C.F. Properties Inc., as outlined, be APPROVED on the grounds that the application is minor in nature, appropriate for the desirable 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(1 )(b )(vi)B of amending By-law 1680/83 to Zoning By-law 3036 (as further amended by By-laws 1727/83 and 2006/85), subject to the following condition: 1. That the applicant obtain revised site plan approval from the Town within 12 months of the date of this decision or this decision shall become null and void. 9. PICA 104193 - M. and P. Kotchie Lot 63, Plan 40M-1379 Also known as 2011 Shay Drive The applicants request relief from the provisions of Section 5(2)(b)(vi) of amending By-law 1976/85 to Zoning By-law 3036, to permit the continuance of a minimum rear yard depth of 3.9 metres provided by the deck on the subject property, whereas the by-law requires that a dwelling provide a minimum rear yard depth of7.5 metres. The applicants request this variance appliction in order to bring the subject property into compliance with the provisions of the zoning by-law. ....... Mr. M. Kotchie was present to represent the application. The following residents were also present in objection to the application: Mr. Robert Whitney, 1668 Beaton Way Mr. John Cairns, 1647 Beaton Way Mr. C. Castellvi, 1656 Beaton Way The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and a letter received in objection to the application from Mrs. C. Alexander, 1666 Beaton Way. 79 Mr. Kotchie advised the Committee that when he purchased his home that their was a smaller deck which the builder had constructed. Mr. Kotchie stated that the floor joist went out past the brick work in the construction of the home, and wondered how the deck was built when the home should have been inspected by a Building Inspector. Ms. Archer advised Mr. Kotchie that many decks are constructed without the knowledge of the Town, and therefore are not in compliance with the zoning by-laws. '-' Mr. Kotchie stated that he was not aware of any complaints regarding the size of the deck, and added that he had built the deck to make more use of his rear yard. He also added that he was concerned about the safety of his children being in a restricted area, and decided to increase the size of the deck. Mr. Whitney explained to the Committee that his property backs onto the subject property. He stated the following objections to the deck: too large; invasion of privacy; and felt his property is devalued by such a large deck opposite his rear yard. Mr. Cairns concurred with Mr. Whitney's statement and restated that the deck in fact is too large and is an invasion of privacy. Mr. Cairns stated that approximately 10 or 11 homeowners are affected by the deck being of such a large size. Mr. Cairns submitted to the Committee a petition signed by eleven immediate homeowners in objection to the application. There was some general discussion about the immediate neighbourhood regarding decks which may not be in compliance with the provisions of the zoning by-laws. DECISION: Moved by Mrs. Kerr and seconded by Mr. Puterbough and carried unanimously that - this application, PICA 104/93, by M. and P. Kotchie, be APPROVED AS REVISED to permit a rear yard depth of 5.0 metres, on the grounds that the variance is minor in nature, desirable for '-" the appropriate development of the land, and in keeping with the general purpose and intent of the Durham Regional Official Plan, the Pickering District Plan, and Section 5(2)(b)(vi) of Zoning By-law 3036, as amended by By-law 1976/85, subject to the following conditions: 1. That the size of the deck be reduced so that no portion of the deck, including steps leading up to it, in excess of 1.0 metres above grade not exceed a maximum 2.5 metres in depth and a maximum width of 6.0 metres. 2. That a building permit for the deck be obtained within 12 months of the date of this decision, or this decision will become null and void. 10. PICA 105193 - W.J. Jordan Part of Lot 5, Concession 8 The applicant requests relief from the provisions of Section 6.2.1 of Zoning By-law 3037, as varied by PICA 88170, to permit the continuance of a minimum lot area of 0.34 hectares for the subject property, whereas the By-law requires that a lot provide a minimum lot area of 0.8 hectares. The applicant requests this variance application in order to bring the subject property into ~. compliance with the provisions of the zoning by-law. Mr. Jordan was present to represent the application. No further representation was present in favour of or in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and a letter received from Councillor Rick Johnson in support of the application. . " ...." -- .... 80 DECISION: Moved by Mr. Bhuta and seconded by Mr. Puterbough and carried unanimously that - this application, PICA 105/93, by W.J. Jordan, as outlined, be APPROVED on the grounds that the variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general purpose and intent of the Durham Regional Official Plan, the Pickering District Plan, and Section 6.2.1 of Zoning By-law 3037, as amended by By-law 1604/82 and PICA 88/70. 11. ADJOURNMENT MOTION: Moved by, seconded by and carried unanimously- That the 18th 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 January 12, 1994. //] ~t::/a.c<-/ DKTE / /.:;2 , /fl9~ ./ !J~(l/Jv CHAIRMAN Iltc?~ . cC~ ~ /d ,-:~-7..J ~{ _.- .. /.t' '}'a c:C---- SECREtARY - TRRASURER