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HomeMy WebLinkAboutNovember 3, 1993 - 63 - MINUTES of the 16th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, November 3, 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 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 15th meeting of the Committee of Adjustment held October 3, 1993 be adopted. 3. P /CA 61/93 - Cougs Investments Limited Lot 19, 40M-1721 Also known as 813 Primrose Court '-" The applicant requests relief from the provisions of Zoning By-law 3036 as amended by Zoning By-law 2780/88, Section 5(2)(b)(vi)C, to permit the establishment of a minimum rear yard depth of 10.0 metres, whereas the by-law requires that a dwelling provide a minimum rear yard depth of 15.0 metres. ... The applicant has requested this variance application to establish a reduced rear yard depth requirement for the subject property, and to obtain a building permit for a second-storey deck. The applicant's agent, Mr. G. Karakokkinos, was present to represent the application. Mr. K. MacDougall, 886 Baylawn Drive, and Mr. C. Puras, 888 Baylawn Drive, were present in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham, Department of Health Services. An additional Memorandum dated November 3, 1993 from Lynda D. Taylor, Manager, Current Operations Division, Town of Pickering, Planning Department was submitted to the Committee. A letter was submitted to the Town of Pickering signed by Ken MacDougall and Calvin Puras regarding a revised tree planting plan prepared by Cougs Investments Ltd. dated 93-10-26 REVISED 93-11-03 which indicates seven Colorado Spruce trees of a minimum height of 3.5 metres are generally acceptable for planting (replaces previous approved planting plan by Strybos Associates Ltd. - project 90-897 Dec. 1990). Mr. Karakokkinos stated that the concerned residents and Cougs Investments had reached an agreement as to the planting of trees, but noted that the depth of the proposed deck should read "3.40 metres" and not "3.04" metres as stated in the memorandum from Lynda Taylor of the Planning Department. Mr. MacDougall indicated that he was of the understanding that the depth of the proposed deck was to be 3.04 metres. Mr. Karakokkinos indicated that the figure of 3.4 metres for the proposed deck was previously indicated to Lynda Taylor of the Planning Department. - 64 - DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr and carried unanimously that - this application, P /CA 61/93, by Cougs Investments Limited, 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, Zoning By-law 3036 and Section 5(2)(b)(vi)C of Zoning By-law 2780/88 subject to the following conditions: '-" That prior to the issuance of any building permit for the construction of the deck, the planting of seven Colorado Spruce trees occur as generally outlined on planting scheme 93-10-26 REVISED 93-11-03, replacing the previously approved plan prepared by Strybos Associates Ltd. (Project 90-897 Dec. 1990); (2) That approval of this variance apply only to the existing dwelling with a second-storey deck as generally submitted with this application, but restricts the deck to a depth of 3.40 metres from, and parallel to, the main rear wall of the dwelling unit. (1) 4. P /CA 86/93 - G.B. Gemballa Part of Lot 12, Plan 282 Also known as 1843 Woodview Avenue The applicant requests relief from the provisions of By-law 3036 as follows: (1) Section 10.2.3 of the By-law to permit a minimum front yard depth of 7.3 metres provided by the existing dwelling on the lot (proposed retained portion of lot), whereas the By-law requires that a dwelling provide a minimum front yard depth of 7.5 metres. (2) Section 10.2.1 of the By-law to permit minimum lot frontages of 14.3 metres on each of the proposed severed lots, whereas the By-law requires that a lot provide a minimum lot frontage of 15.0 metres. The applicant requests this variance application in order to bring the subject property into ........ compliance with the provisions of the zoning by-law. It is the applicant's intention to apply for land severance of the subject property to create two new lots fronting on Oakburn Street. Ms. G.B. Gemballa was present to represent the application. The applicant 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. DECISION: Moved by Mrs. Kerr and seconded by Mr. Puterbough and carried unanimously that - this application P /eA 86/93 by G.B. Gemballa, as outlined, be APPROVED, on the grounds that the variances are 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 Sections 10.2.1 and 10.2.3 of Zoning By-law 3036. 5. P /CA 87/93 -Baywest Developments Limited (481857 Ontario Limited) Part of Block B, Plan M-20 Also known as 875-893 Bayly Street '-" The applicant requests relief from the provisions of Section 2.28 of Zoning By-law 2520 to permit an "Eating Establishment" to also have a take-out component, whereas the by-law permits an "Eating Establishment" where food is offered for sale or sold to the public for immediate consumption on the premises only. The applicant has requested this variance application in order to allow a restaurant with a take-out service. - 65 - Mr. Mantia was present to represent the applicant. The applicant 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. Mrs. Scorer asked Mr. Mantia what type of restaurant take-out he intended for the unit in the plaza. Mr. Mantia indicated that the unit is to be rented for a pizza take-out restaurant business. ....... DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr and carried that- this application P /CA 87/93 by Baywest Developments Limited (481857 Ontario Limited), as outlined, be APPROVED, on the grounds that the 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 of Section 2.28 of Zoning By-law 2520, subject to the following condition: 1. That this variance .apply only to an eating establishment in the existing plaza with a maximum gross leasable floor area of 112 square metres. 6. P /CA 88/93 - V. and R. Catalano Lot 5, Plan 40M-1271 Also known as 1281 Maple Ridge Drive The applicants request relief from the provisions of Zoning By-law Number 3036, as amended by Zoning By-law 1236/81, as follows: (1) Section 5.5A(2)(f) of By-law 1236/81 to permit the continuance of a minimum rear yard depth of 4.8 metres provided by the existing dwelling (sunroom) on the lot, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. (2) Section 5.18(a) of By-law 3036 to permit the continuance of an accessory structure (shed) located 0.9 metres from the north lot line and 0.6 metres from the west lot line ....... in the rear yard of the subject property, whereas the By-law requires that all accessory buildings which are not part of the main dwelling be erected in the rear yard not less than 1.0 metres from all lot lines. The applicants have requested this variance application in order to bring the property into compliance with the provisions of the zoning by-law, and to obtain a building permit for the sunroom. Mr. R. Banman, the agent, was present to represent the application. The applicant was provided with a copy of all comments received. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Mr. Puterbough asked if the sunroom was a recent addition to the dwelling. Mr. Banman indicated that the sunroom was built approximately one and one-half years ago, and that through a misunderstanding with his client, a building permit was not applied for at that time. Mr. Puterbough advised the agent that according to the report from the Planning Department, that a deck was also on the property (not shown on the submitted plan), and would have to comply with the zoning by-laws. Mr. Banman indicated that he intends to apply for a building permit for the deck on the subject property as well as the sunroom addition. ".... DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta and carried unanimously that - this application P /CA 88/93 by V. and R. Catalano, as outlined, be APPROVED, on the grounds that the variances are 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 Sections 5.18(a) of Zoning By-law 3036, as amended by Section 5.5A(2)(f) of Zoning By-law 1236/81, subject to the following condition: 1. That these variances apply only to the dwelling with the sunroom addition, and to the accessory structure in existence on the date of this decision. - 66 - 7. P /CA 89/93 - Craig Willoughby Holdings Limited Part of Lot 33, Range 3, B.F.C. (Part 1,40R-I0685) Also known as 1320 - 1328 Altona Road The applicant requests the Committee, pursuant to Section 9.1 of Zoning By-law 3036, as varied by P /CA 42/88 and P /CA 87/89, to permit the additional use of the sale of new ~ automobiles, and the outdoor and indoor display of new automobiles. The applicant also requests that approximately 55.7 square metres of the existing building be used for the sales office for automobiles; and approximately 55.7 square metres of the existing building be used for existing uses, whereas the By-law does not permit a retail use in a residential zone. The applicant has requested this variance application in order to permit the additional use of new car sales and a car sales office in addition to the existing uses on the subject property. Mr. Craig Willoughby was present to represent the application. Mr. Dave Ryan, 1028 Rouge Valley Drive, Vice-President of the Rouge Valley Ratepayers' Association was present in objection to the application. Mr. V. Sheldrick and Ms. S. Seldrick, 1006 Riverview Crescent, were also present in objection to the application. The applicant was provided with a copy of all comments received. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. Several letters from surrounding residents in support of the application were submitted to the Committee. Mr. Willoughby advised the Committee that his proposal to sell new cars is not a large scale business. He added that there are only three models of the Lada vehicle, and that servicing and delivery of new cars would be provided at a location on Alliance Road. Mr. Willoughby noted that in fact he would only be parking four vehicles on the subject property for display. ....... Mrs. Scorer asked if Mr. Willoughby had considered rezoning the subject property. Mr. Willoughby advised that the subject property is approximately three acres, and that at this time he felt the existing front commercial use on the property was adequate. Mr. Ryan explained to the Committee that his association is opposed to the application for the following reasons: this application is the third variance on the subject property and is inappropriate for the area; he indicated the nature of the site would dramatically change; and further leads to the possibility for the car dealership to expand. Mr. Puterbough advised Mr. Ryan that in the event the application was approved, restricting conditions would be imposed on the subject property limiting the size of any car sales/ display. Mr. Sheldrick advised the Committee that he concurred with Mr. Ryan's concerns, and stated his further concern that his property, where it abuts Mr. Willoughby's, is not fenced. Mr. Willoughby advised that he would be willing to erect a fence at his own expense to satisfy the concern of Mr. Sheldrick. DECISION: Moved by Mr. Puterbough and seconded by Mr. Bhuta and carried that- this application PICA 89/93 by Craig Willoughby Holdings Limited, as outlined, be APPROVED, on the grounds that the variances are minor in nature and appropriate and desireable development of the land because of present positive residents' comments, and further represents what already exists on the subject property, subject to the following conditions: ~ (1) that the proposed new commercial use be for the display, sale, and ancillary office space for automobiles with outdoor display limited to a maximum of four vehicles and related sales office space limited to a maximum of 56 square metres floor area within the existing building; and (2) that this variance does not come into effect until the owner receives revised site plan approval identifying the completed condition of the site including the designation of outdoor vehicle display location. . - 67 - 8. PICA 90/93 and 91//93 - Bramalea Limited Lots 45 Left and 45 Right, Plan 40M-1735 Also known as 129 and 131 White Pine Crescent The applicant requests relief from the provisions of Zoning By-law 3036, Section 7.2(t) 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 45 Left and 45 Right, Plan 40M-1735, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 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 was present to represent the applicant. The applicant 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. Mr. Neal indicated that the proposed decks are more than 1.0 metres above grade, and that the decks could not be built lower as they would alter the grading in the immediate area. DECISION: Moved by Mrs. Scorer and seconded by Mrs. Kerr and carried unanimously that - these applications P /CA 90/93 and 91/93 by Bramalea Limited, as outlined, be APPROVED, on the grounds that the variances are 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.(t) of Zoning By-law 4271/93, subject to the following condition: 1. That the rear yard depth variances apply only to the uncovered decks as generally shown with this application. .... 9. ADJOURNMENT MOTION: Moved by Mr. Puterbough, seconded by Mrs. Scorer and carried unanimously- That the 16th meeting of the Committee of Adjustment be adjourned at 8:25 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, November 24, 1993. ::Zv-J~--nL /~~ cQ y/~ DATE . '-" ~at~ /Ytoth/ CHAIRMAN ~V' '4 ~ \ / .. ., , / ~ ~ -c~~-c- SECRETARY-TREASURER