Loading...
HomeMy WebLinkAboutNovember 24, 1993 - 68 ~ "'O!fl~~ OF PIO~ !II ~ :r: z .... Ii) ~ MINUTES of the 17th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, November 24, 1993 '-" PRESENT: Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M Puterbough Mrs. C. Scorer ALSO PRESENT: Mrs. Eva McDougall, Secretary-Treasurer Mr. Jeffrey Cole, Planner The Meeting convened at 7:00 p.m. in the Committee Room ofthe 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 16th meeting of the Committee of Adjustment held November 3, 1993, be adopted. 3. PICA 92/93 and 93/93 - Bramalea Limited Lots 75 Left and 75 Right, Plan 40M-1735 Also known as 135 and 137 Thicket Crescent The applicant requests relief from the provisions of Zoning By-law 3036, Section 7.2(f) of amending By-law 4271/93, to permit the establishment of a minimum rear yard depth of 6.1 metres to be provided by a proposed deck on each of Lots 75 Left and 75 Right, Plan 40M-1735, whereas the by-law requires that a dwelling provide a minimum rear yard depth of7.5 metres. The applicant has requested these variance applications in order to obtain building permits for the proposed decks on each of the subject properties. '-" Mr. C. Neal of Bramalea Limited was present to represent the application. Mr. Neal was provided with a copy of all comments received. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham Department of Health Services. - 69- DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr and carried unanimously that - this application, PICA 92/93, by Bramalea Limited, as outlined, be APPROVED the grounds that the proposed variance 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 Zoning By-law 3036, as amended by Section 7.2(f) of Zoning By-law 4271/93, subject to the following condition: '-'" 1. That the rear yard depth variance apply only to the uncovered deck as generally shown with this application. 4. PICA 94/93 - 983963 Ontario Limited Lot 13, Plan 40M-1565 Also known as 266 Hoover Drive The applicant requests relief from the proVIsIOns of Zoning By-law 3036, Section 5(1 )(b )(iv)A of amending By-law 2179/86, to permit the continuance of a north side yard width of 1.1 metres provided by the existing dwelling on the subject property, whereas the by-law requires that a dwelling provide minimum side yard widths of 1.2 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. V. Nardi, the agent, 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. Mr. Nardi advised the Committee that the variance application is a result of a survey mistake when siting the house. DECISION: Moved by Mrs Kerr and seconded by Mrs. Scorer and carried unanimously that - this application, PICA 94/93, by 983963 Ontario Ltd. as outlined, be APPROVED, on the grounds that the proposed side yard width variance 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 Zoning By-law 3036, Section 5(1 )(b )(iv)A of amending By-law 2179/86, subject to the following condition. 1. That this variance applies only to the dwelling in existence on the date of this decision. 5. PICA 95/93 - K. Ford and A. Lamanna Part of Lot 77, Plan 492 (Part 2, 40R-13587) Also known as 1290 Glenanna Road ,... The applicants request relief from the provisions of Section 9.2.3 of By-law 3036, as varied by PICA 56/93, to permit the continuance of a front yard depth of 3.8 metres provided by a first storey deck on the subject property, whereas the by-law requires that a dwelling provide a minimum front yard depth of 4.5 metres. The applicants have requested this variance application 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 first storey deck. -70 - The applicants, K. Ford and A. Lamanna, were 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 the applicants requesting a refund of the application fee for this variance application. ~. Ms. Lamanna requested a refund of the $160.00 application fee, as they misunderstood and thought that they owned Part 3, 40R-13587 (10 feet at the front of their property). Therefore, they measured their lot and front yard setback incorrectly. She indicated that they thought that the first storey deck would comply with their front yard setback of 4.5 metres. Ms. Lamanna advised the Committee if they had been aware of the situation, then they could have applied for the variance for the first storey deck with the previous variance application. Ms. Ford indicated to the Committee that the property had been varied three times, and that this variance application fee should be refunded. There was some discussion regarding the applicants experience in building their recently constructed home. Mrs. Scorer advised the applicants that the previous application was for the second storey deck only, and if the plans for a first storey deck were submitted to the Town at that time, the application fee would have only had to be paid once. She advised that this application was totally different. Ms. Archer advised the applicants that a decision would be made in camera regarding the request for a refund of the application fee. '-' Motion (in camera): Moved by Ms. Archer and seconded by Mrs. Scorer, and carried unanimously that the application fee in this matter will not be refunded since PICA 95/93 by K. Ford and A. Lamanna, is a totally new application since plans for a first storey deck were not previously submitted to the Town of Pickering. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Scorer and carried unanimously that - this application, PICA 95 193, by K. Ford and A. Lamanna, as outlined, be APPROVED on the grounds that the proposed variance 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 9.2.3 of Zoning By-law 3036, subject to the following condition: 1. That this variance apply only to the existing ground floor deck as generally outlined in this application. 6. PICA 96/93 - Sanatan Dharma Cultural Sabha of Canada Part of Lot 9, Plan 585 Also known as 2590 Brock Road ~ The applicant requests relief from the provisions of Section 5.15 of By-law 3037, as varied by PICA 53/89, to permit the continuation of a minimum front yard depth of 5.5 metres provided by the existing building on the subject property, whereas the By-law requires that the building provide a minimum front yard depth of7.0 metres. The applicant requests this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law and to obtain a building permit for an existing addition. Mr. Maharaj and Mr. Binda were present to represent the application. No further representation was present in favour of or in objection to the application. - 71 - The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Maharaj advised the Committee that they intend to enhance the appearance of the front of the building, but do not have the final plans complete. DECISION: Moved by Mrs. Scorer and seconded by Mr. Bhuta and carried unanimously that - -- this application, PICA 96/93, by Sanatan Dharma Cultural Sabha of Canada, as outlined, be APPROVED on the grounds that the proposed front yard depth variance 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 5.15 of Zoning By-law 3037, subject to the following condition. 1. That this variance does not come into effect until the owners receive revised conditional site plan approval for the property and building from the Town. 7. PICA 97/93 - Mary-Skents Developments Limited Part of Lot 26, Plan 492 Also known as 1848 Liverpool Road The applicant requests relief from the proVISIOns of Zoning By-law 3036, Section 5.(1)(b)(ix)A of amending Zoning By-law 2175/86, as varied by PICA 6/87, to permit the establishment of a maximum gross leasable floor area of 243.0 square metres for a retail store, whereas the By-law requires that the maximum gross leasable floor area of any retail store not exceed 190.0 square metres. '-' The applicant has requested this variance application in order to allow a retail store with a maximum gross leasable floor area of243.0 square metres to be located in the building on the subject property. Mr. Terry Tsianos was present to represent the applicant. Ms. Tina Tsianos and Mr. Skentzos were also present in support of the application. Ms. Susan Cumming of the firm Cole Sherman, Engineers, Architects and Planners, was also present in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and a letter received from the firm Cole Sherman, Engineers, Architects and Planners, in objection to the application. The applicant was provided with a copy of all comments received. Mrs. Scorer asked the name of the tenant that intends to rent the space. Mr. Tsianos indicated that the tenant is the "Bun King Bakery" . Mr. Puterbough asked why the tenant requires over 190 square metres of gross leasable floor area for their operation. Mr. Tsianos stated only 84 square metres is actually required for retail sale area, as that the remaining area is to be used for production area for baking goods. '-' Mr. Puterbough asked Mr. Cole the intent of limiting the retail use in the zoning by-law. Mr. Cole indicated that the reason for the limit in gross leasable floor area was to limit a dominant retail use in the plaza. -72 - '-' Ms. Cumming advised the Committee that she represents the owner of the Hub Mall, and that they have many concerns regarding the application. Ms. Cumming advised the Committee that the zoning by-law for the site was implemented in 1986, and prohibits a large grocery or bulk food type store from operating in the plaza. The zoning by-law set specific controls of 190 square metres of maximum gross leasable floor area for any retail store. She indicated that the plaza is in the Main Central Area, and that this area is struggling for business. She informed the Committee that the owners' of the Hub Mall recently went through a full rezoning application on their site, and indicated that if this application was approved, that it would be precedent setting. Ms. Cumming advised that the application should go through a full review before approved. She also indicated that the application changes the nature of the plaza. Mr. Cole stated that technically the retail space of the application is 243 square metres, however the actual space used for retail purposes will be only 84 square metres, and the remainder of the gross leasable floor area is to be used for the production of baked goods. Mr. Tsianos informed the Committee that the former tenant, Canada Trust, was the occupant of the subject property. Although the tenant "Bun King" did not want to lease their total former space, they finally agreed to take the entire space to avoid expensive renovation costs to the applicant. Ms. Cumming read from the Planning Report of the Planning Department of the Town of Pickering, No. 63/85 which report further supported that the gross leasable floor area of any retail store not exceed 190 square metres. Mr. Puterbough stated that it perhaps could be a condition of the tenant's lease to include a clause to limit the gross leasable floor area of the retail component to 84 square metres. Mr. Cole advised the Committee that if the application was approved, assurance of controlling the retail component could be tied to the building permit. '-" DECISION: Moved by Mrs. Kerr and seconded by Mrs. Scorer and carried unanimously that - this application, PICA 97/93, by Mary-Skents Developments Inc., as outlined, be APPROVED, on the grounds that the application for the proposed maximum gross leasable floor area for a retail use variance is minor in nature due to the fact that the actual retail floor area will be less than 190 square metres, and the actual variance of 243 square metres of gross leasable floor area for a retail store will mostly be used for the manufacture of baked goods; is 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 Zoning By-law 3036, Section 5.1(b)(ix)A of amending Zoning By-law 2175/86, and amended by PICA 6/87, subject to the following condition: 1. That the proposed variance apply only to the bakery use as proposed with this application and Building Permit 93-811. 8. OTHER BUSINESS MOTION: Moved by Mr. Puterbough and seconded by Mrs. Scorer and carried unanimously that - - The 1994 meeting schedule for the Committee of Adjustment be adopted. - 73 - 9. ADJOURNMENT MOTION: That the meeting of the Committee of Adjustment be adjourned at 8:15 p.m. and the next regular meeting of the Committee of Adjustment be held on December 15, 1993. '-' ~" ::4- ;Gd~). r:.s 'f2..3 DATE I ~~~ - CHAIRMAN (v, %. ~ (....~z:J hc/~/~~6 SECRET ARY- TREASURER '-" --