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HomeMy WebLinkAboutSeptember 22, 1993 - 55 - MINUTES of the 14th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, September 22, 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 Mrs. Lynda D. Taylor, Manager, Current Operations Division, Planning Department 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 13th meeting of the Committee of Adjustment held September 1, 1993 be adopted. 3. P /CA 61/93 - Cougs Investments Limited Lot 19,40M-1721 Also known as 813 Primrose Court '-' 171is application was deferred from the Commiflee of Adjustment meeting of September 22, 1993. 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. Shute, purchaser of the subject property, was present in support of the application. The following residents were also present in objection to the application: (1) Mr. K. MacDougall, 886 Baylawn Drive; (2) Mr. C. Puras, 888 Baylawn Drive; and (3) Ms. C. Bradley, 890 Baylawn Drive. -- The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham, Department of Health Services. Mr. Karakokkinos advised the Committee that Cougs Investments Limited attempted to reach a compromise with Mr. MacDougall and Mr. Puras to make the variance situation acceptable, but the request made was a costly item and could not be supported by Cougs Investments. He also advised the Committee that the purchaser, Mr. Shute, has also tried to resolve the situation by agreeing to modify the size of the rear yard deck. Mr. Karakokkinos stated the revisions would reduce the variance to a rear yard depth of approximately 12.5 metres. Mr. K. MacDougall displayed to the Committee the relation of his lot to that of the location of Lot 19, Plan 40M-1721. Mr. MacDougall had various concerns with the house and proposed deck on Lot 19, such as: large size of home; invasion of privacy, intent of the zoning by-law not being upheld; house too close to rear yard lot line. Mr. MacDougall suggested that it was the intention of the builder to build to the limit, and get a variance for the deck later. - 56 - Mr. Puras explained his opposition to the proposed variance as foJIows: too many changes in area have occurred since his possession of home two years ago; many trees in area have been removed; infringement of privacy as the home on Lot 19 towers over his home. Mr. Puras thought that any home built near his would be some distance away because of the creek at the rear of his property. He stated that the creek has now been re-routed. There was discussion as to the relocation of the creek, swale and catch basin in relation to the properties involved. Mr. Karakokkinos explained that the site work and changes made to grading were at the request of the Conservation Authority. '-" Mrs. Bradley advised that her concerns with the proposed variance were as foJIows: the Official Plan and Zoning By-laws were not being adhered to; area is unique and changes to by-laws should not be permitted; house too close to rear yard lot line; afraid variance would set precedent for area; and that water now collects on her property. Mr. Puterbough asked why the home could not be moved further to the front lot line. Mr. Karakokkinos stated the home could not be moved further to the front lot line because the side yard width requirements had to be met. Mrs. Scorer asked if the home being constructed on Lot 19 was custom-built. Mr. Shute advised the Committee that it is a backsplit custom house, and added if a normal house had been built on Lot 19, the house would be even higher in elevation. Mr. Shute explained that the deck is off the second-storey family room. Mrs. Kerr asked if any compromise had been made on the size of the deck. Mr. Karakokkinos stated that Mr. Puras and Mr. MacDougall had requested eight to ten Serbian spruce trees be planted at the rear of Lot 19. He added that the cost of planting such a species and size of tree requested would be too costly. Mr. MacDougall and Mr. Puras stated they could live with the deck if some trees were planted to provide for more privacy. Mrs. Archer stated that the building permit for the house on Lot 19 was issued for the house only, and that the deck was not included in the building permit. Mrs. Archer stated that the style of the house begs for a deck, and therefore is the source of the problem. Mr. Bhuta asked if a compromise in the planting of some trees on the lot could be reached. Mr. Karakokkinos advised that it was the responsibility of Fairport Developments to replant ........ trees in the area. Mr. Karakokinos suggested that hopefully some agreement could be reached with Fairport Developments, and perhaps Cougs Investments could plant some additional trees. Mrs. Taylor advised the Committee that the Town's Department of Community Services and Facilities must. concur with any trees planted as to the caliper, and type of tree, etc. Mrs. Taylor suggested that the Planning Department could act as a mediator in the discussion to reach a mutually agreeable tree planting plan between the residents, Fairport Developments, Cougs Investments and the Department of Community Services and Facilities. MOTION: Moved by Mr. Puterbough and seconded by Mr. Bhuta and carried unanimously that - this application P /CA 61/93, by Cougs Investments Limited, as outlined, be DEFERRED to the next Committee of Adjustment meeting of October 13, 1993, to allow Cougs Investments Limited, to take the lead in meeting with Fairport Development, Town of Pickering, Department of Community Services and Facilities and Planning Department, as weJI as the affected residents, to try and mutually agree to an acceptable tree planting plan. 4. P /CA 77/93 - North Pier Estates Limited Part of Block 51, Plan 40M-I729 and Part of Block 108, Plan 40M-1473 ....... The applicant requests relief from the provisions of Zoning By-law 3036, as amended by Section 5(I)(b)(ii) of amending By-laws 2311/86 and 4112/92, to permit the establishment of a minimum lot frontage of 12.7 metres, whereas the By-law requires that a lot provide a minimum frontage of 13.5 metres. The applicant requests this variance application in order to bring the subject property into compliance with the provisions of the zoning by-law. The applicant has recently applied to the Region of Durham for a land severance on the subject property. - 57 - Mr. David Brand, a representative of North Pier Estates Limited, was present to represent the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham, Department of Health Services. No further representation was present in favour of or in objection to the application. The applicant was provided with a copy of all comments received. DECISION: Moved by Mr. Bhuta and seconded by Mrs. Kerr and carried unanimously that - ~ this application P /CA 77/93, by North Pier Estates Limited, as outlined, be APPROVED on the grounds that the proposed lot frontage 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 Zoning By-laws 2311/86 and 4112/92, Section 5(I)(b)(ii). 5. P /CA 78/93 - F. Miceli Part of Lot 31, Concession 1, (Parts 2 and 3, 40R-4960) Also known as 414 Sheppard Avenue The applicant requests relief from the provisions of Section S.18(e) of By-law 3036 to permit the continuance of a maximum height of 4.9 metres for the 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. The applicant has requested this variance application to bring the property into compliance with the provisions of the zoning by-law and to obtain a building permit for the garage on the subject property. The applicant, F. Miceli, was present to represent the application. Mr. Miceli was also 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. The applicants were provided with a copy of all comments received. The Secretary-Treasurer stated that the applicant and Mr. Bill Coons, 412 Sheppard Avenue, had reached an agreement between themselves on the colour of the shingles for the garage roof. Mr. Coon's requests that the shingles on the garage be of a light gray colour. Mr. Miceli advised the Committee that the shingles would be of a light gray colour, and that he was also considering a staggered-joined shingle. Mr. Miceli advised the Committee that they require the garage for storage and parking of an eight foot high vehicle. Mr. Miceli stated that he was offered a good price to build the garage, and was assured by the builder that all building specifications had been met, and that the height of the garage would be borderline in meeting the requirements of the by-laws. Mr. Puterbough asked Mr. Miceli if he was aware that a patio and shed were encroaching on the subject property. Mr. Miceli replied that the patio was no longer there, and that the shed at the back of the property is not of concern to him. DECISION: Moved by Mrs. Scorer and seconded by Mr. Puterbough and carried unanimously that - this application P /CA 78/93, by F. Miceli, as outlined, be APPROVED, on the grounds that the proposed detached accessory structure height variance is minor in nature, appropriate and desirable development of the lands, and in keeping with the general intent and purpose of W' the Durham Regional Official Plan, the Pickering District Plan, and Section 5.18(e) of Zoning By-law 3036, subject to the following conditions: 1. That these variances apply only to the detached garage in existence with the proposed height as generally shown on the plans submitted with this application. 2. That the owner obtain site plan approval for the detached garage in existence to ensure architectural co-ordination of external building materials with the main dwelling prior to obtaining a building permit, and that a building permit be issued within two years of the date of this decision, or this decision will become null and void. - 58 - 6. P /CA 79/93 - R. and M. Downs Lot 81, Plan 40M-1312 Also known as 644 Amaretto Avenue -- The applicants request relief from Zoning By-law 3036, Section 5(I)(b)(vii) of By-law 1702/83, to permit the continuance of a maximum lot coverage of 39.6 percent, whereas the By-law limits the lot coverage of structures on a lot to 38 percent. The applicants have requested this variance to bring the subject property into compliance with the provisions of the zoning by-law and to obtain a building permit for the addition on the subject property. Mr. W. Bimm, the agent, was present to represent the application. Mrs. C. Bimm and Mr. R. Downs were also present in favour of the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department. The applicants were provided with a copy of all comments received. Mr. Bimm advised the Committee that the addition to the house was built six years ago, and that through the recent sale of the home the purchaser's lawyer requested that they obtain a building permit for the addition. Mr. Bimm stated he was not aware he needed a building permit when the addition was built. DECISION: Moved by Mr. Puterbough and seconded by Mr. Bhuta and carried unanimously that - this application P /CA 79/93, by R. and M. Downs, as outlined, be APPROVED, on the grounds that the proposed variance to permit increased lot coverage 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, as amended by Zoning By-law 1702/83, Section 5.1(b)(vii), subject to the following condition: '-" 1. That this variance apply only to the dwelling and addition in existence on the date of this decision, and to the addition as generally proposed in this application. 7. 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 8:40 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, October 13th, 1993. y'" 7'" /' J -7 . co Q /.J C/(7 L& ?-",oL/ '---.). /7 /'-.J / DATE '-' Stb/t~ ia ~---/ CHAIRMAN (" C\~. /-:/."//) ~.J /c. ~~5;~.C.C----. SECRETARY - TREASuRER