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HomeMy WebLinkAboutAugust 11, 1993 - 50 - PENDING ADOPTION MINUTES of the 12th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, August 11, 1993. PRESENT Mrs. C. Scorer, Acting 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 7:05 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 Mrs. Scorer, seconded by Mr. Puterbough and carried unanimously- That the minutes of the 11th meeting of the Committee of Adjustment held July 21, 1993 be adopted. 3. PICA 55/93 - S. Pocchi and D. B1undon Lot 17, Plan 311 Also known as 632 Westshore Boulevard 'W '-" The applicants request relief from the provisions of By-law 2511 as follows: (1) Section 10.2.3 of the By-law to permit the continuance of a front yard depth of 6.0 metres provided by the dwelling on the lot; whereas the By-law requires that a dwelling provide a front yard depth of 7.5 metres. (2) Section 5.19(a) of the By-law to permit two accessory structures (garage and frame shed) to remain located in the north side yard of the lot; whereas the By-law requires that all accessory buildings which are not part of the main dwelling be erected in the rear yard. (3) Section 5.19(a) of the By-law to permit the continuance of an accessory structure (metal shed) located 0.1 m. from the north 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 m. from all lot lines. Approval of this application is required in order to bring the property into compliance with the provisions of the zoning by-law and to obtain a building permit for the garage. Mr. Pocchi was present to represent the applicant. Mr. Beasley, Vice-President of the Fairport Beach Ratepayers' Association, was present, and Mrs. Nielson, 636 Westshore Boulevard, was also present in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Metropolitan Toronto and Region Conservation Authority. The applicant was provided with a copy of all comments received. / Mr. Puterbough asked why the garage was constructed without a building permit. Mr. Pocchi replied that he did not realize that he required a building permit. Mr. Beasley of the Fairport Beach Ratepayers' Association advised that the view of the park from Mrs. Nielson's kitchen window is blocked by the garage. Mr. Beasley suggested that the garage could be moved to its proper location, and stated that the garage is located at approximately 25 feet from the front lot line. -- ~ "W' - 51 - Mr. Pocchi advised that he was not aware of the problem with the location of the garage, and had previously spoke with his neighbours to decide on the location of the garage. Mr. Pocchi pointed out that if the garage was located in the rear yard, that it would block Mrs. Nielson's view from her kitchen completely. Mr. Bhuta inquired as to the expense of moving the garage. Mr. Pocchi advised that it would be quite expensive to move the garage, but he would be agreeable to install aluminum siding on the garage. There was some discussion as to the best location of the garage, and Mrs. Nielson stated she was agreeable to the garage remaining in its present location, provided the garage was made to look more architecturally co-ordinated with the house on the subject property. DECISION: Moved by Mr. Puterbough and seconded by Mr. Bhuta, and carried that - this application, PICA 55/93, by S. Pocchi and D. Blundon, be APPROVED, on the grounds that the proposed front yard depth and accessory structure (garage) location variances are considered minor in nature, desirable and 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 10.2.3 and 5.19 (a) of Zoning By-law 2511, subject to the following conditions: 1. That the existing accessory structure (frame shed) in the north side yard be removed prior to the issuance of a building permit for the proposed accessory structure (garage) III the north side yard; 2. That the applicant satisfy the Planning Department with respect to architectural co-ordination of the garage with the main dwelling prior to the issuance of a building permit for the garage. 4. PICA 56/93 - M. Thomas (K. Ford and A. Lamanna) Part of Lot 7, 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 14/93, to permit the establishment of a minimum 4.5 metre front yard depth; whereas the By-law, as varied by PICA 14/93, requires that a dwelling provide a minimum front yard depth of 6.0 metres. Approval of this variance application is required in order to obtain a building permit for a second-storey deck and roof overhang on a dwelling on the subject property. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Region of Durham, Department of Health Services. Ms. K. Ford and A. Lamanna, the applicants, were present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Mrs. Kerr and seconded by Mr. Puterbough, and carried that- this application, PICA 56/93 - M. Thomas (K. Ford and A. Lamanna), as outlined, be APPROVED, on the grounds that the proposed front yard depth variance is minor in nature, appropriate for the desirable development of the land, and in keeping with the ~eneral intent and purpose of the Du rham Regional Official Plan, the Pickering Distnct Plan and Section 9.2.3 of Zoning By-law 3036 subject to the following condition: 1. That this variance apply only to the proposed dwelling as generally outlined in this application. 5. PICA 57/93 - E. and J. Barclay Lot 424, Plan M-ll Also known as 946 Reytan Boulevard The applicants request relief from the provisions of By-law 2520 as follows: (1) Section 5.19(a) of the By-law to permit the continuance of the accessory structure (shed) to be located 0.05 metres from the south lot line; whereas the By-law requires that all accessory buildings which are not part of the main building be erected in the rear yard not less than 1.0 metres from all lot lines. 'w '-' - 52- (2) Section 5.19( d) of the By-law to permit (i) the continuance of a south side yard width of 0.08 metres provided by the existing carport on the lot; and the establishment of a minimum side yard width of 1.2 metres to be provided by the proposed addition to the existing dwelling; whereas the By-law requires that a dwelling with an attached carport/garage provide minimum side yard widths of 1.5 metres. (ii) Approval of this variance is required in order to bring the subject property into compliance wIth the provisions of the zoning by-law and to allow a building permit to be issued for a proposed addition to the existing dwelling. Mr. Barclay 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 the Region of Durham, Department of Health Services. Mr. Barclay advised the Committee that the main dwelling is in fact a one-storey detached dwelling. Mr. Puterbaugh cautioned the applicant regarding the roof overhang on the carport as it appeared to extend over the lot hne. Mr. Puterbaugh advised that if a new survey was done on the property and revealed such a situation, that the property would be out of compliance with the zoning by-law. Mr. Barclay advised that the proposed addition is an extension to the kitchen as his family requires more living space. DECISION: Moved by Mrs. Kerr and seconded by Mr. Bhuta, and carried that - this application, P /CA 57/93, by E. and J. Barclay, be APPROVED, on the grounds that the proposed variances to permit reduced south side yard widths and a reduced setback for an accessory structure 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 5.19(a) and 5.19(d) of Zoning By-law 2520, subject to the following condition: 1. That this variance apply only to the carport and accessory structure in existence on the date of this decision, and to the addition as generally proposed in this application. 6. P /CA 58/93 - Landford Dixie South Ltd. Lot 10, 40M-1706 Also known as 1125 Windgrove Square The applicant requests relief from the provisions of Section 5(b )(vi)B of amending By-law 3686/91 to permit the establishment of a rear yard depth of 8.0 metres to be provided by the proposed dwelling; whereas the By-law requires that a dwelling provide a minimum rear yard depth of 11.0 metres. Approval of this variance aplication is required in order to permit the construction of a dwelling on the subject property. Mr. G. Christoff, on behalf of 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 the Region of Durham, Department of Health Services. Mr. Christoff advised the Committee that the trees are now gone which were intended to be a w buffer zone. Mr. Christoff advised the Committee that he hoped his company would not have to appear before the Committee again for similar variances in the area, and that the company tries to avoid variance situations. DECISION: Moved by Mrs. Kerr and seconded by Mr. Puterbaugh, and carried that- this application, P /CA 58/93, by Landford Dixie South Ltd., as outlined, be APPROVED, on the grounds that the proposed rear 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 Zoning By-law 3036, as amended by Section 5(b)(vi)(B) of Zoning By-law 3686/91. - 53- 7. PICA 59/93 - M. Martin Lot 33, Plan 233 Also known as 525 Bella Vista Drive The applicant requests relief from the provisions of By-law 2511 as follows: '-' Section 5.6 of the By-law to eliminate the requirement for fronta~e on an open public street, maintained at public expense for the subject property, bemg Lot 33, Plan 233, also known as 525 Bella Vista Drive, Town of Pickering; whereas the By-law, as amended by PICA 10/81, requires that a lot provide frontage on an open public street, maintained at public expense. (b) Should the variance requested in (a) above be granted, the applicant requests that the northerly boundary of Lot 33, Plan 233, be defined as the "Front Lot Line"; whereas Section 2.46(c)(i) of By-law 2511, as amended by PICA 10/81, defines "Front Lot Line" as the line that divides a lot from the street. (a) Approval of this variance application is required in order to bring the existing property into compliance with the provisions of the zoning by-law and in order to recognize that access to the subject property will be provided by an easement over the portion of the street abutting Lot 33, Plan 233 to Bella Vista Drive. ...... The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department and the Metropolitan Toronto and Region Conservation Authority. Ms. M. Martin was present to represent the application. No further representation was present in favour of or in objection to the application. DECISION: Moved by Mr. Bhuta, and seconded by Mr. Puterbough, and carried that - this application, P /CA 59/93, by M. Martin, as outlined, be APPROVED, on the grounds that the frontage on a street and front lot line designation 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 5.6 and 2.46 (c)(i) of Zoning By-law 2511, subject to the following conditions: 1. That these variances apply only to the subject property. 2. That the non-exclusive access easement to the subject property be obtained by the owner within two years of the date of this decision or this decision shall become null and void. 8. PICA 60/93 - Claremont Estates Ontario Inc. Part of Lot 19, Concession 8 Hamlet of Claremont The applicant requests relief from the provisions of By-law 3037 as follows: (a) Section 5.6 of the By-law to eliminate the requirement for frontage on an open public street maintained at public expense, for the subject property, being Part of Lot 19, Concession 8, Town of Pickering; whereas the By-law requires that a lot provide frontage on an open public street, maintained at public expense. Should the variance requested in (a) above be granted, the applicant requests that the most easterly lot line of the proposed retained parcel be defined as the "Front Lot Line"; whereas Section 2.39(c)(i) of By-law 3037 defines "Front Lot Line" as the line that divides a lot from the street. (b) w Approval of this variance is required in order to bring the proposed retained parcel subject of Land Division Application LD 119/93 into compliance with the provisions of the zoning by-law. It is anticipated that the proposed retained property will eventually be accessed by a future road extending from Brock Road to the subject lands. Mr. D. Bennet and Mr. K. Smith, representing the applicant, were present to represent the application. Mr. M. Senkiw, 4870 Old Brock Road, was present in objection to the application. Mr. Jerry Cook was also present in objection to the application. Several other residents were also present in objection to the application. ... ,.. . - 54- The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department; Region of Durham, Department of Health Services; Town of Pickering Fire Department; and Lome D. Almack, on behalf of the Pickering Rural Association. Mr. Senkiw advised the Committee that he had no objection to the severance, but he did have an objection to the establishment of the proposed east property line designation as a "front lot line". Mr. Senkiw submitted to the Committee a petition signed by thirteen neighbouring residents in objection to the rear of their properties being designated as "front lot line". Mr. Cole explained that the designation of a "front lot line" was for reference purposes only since the proposed retained parcel will not front on a Town-maintained road. '-" Lengthy discussion took place between the applicant's representatives and the neighbouring residents. The residents were opposed to the application, as they were of the opinion that a road could quite possibly be constructed in the future at the rear of their properties. It was suggested that another property boundary could be designated as "front lot line". DECISION: Moved by Mr. Puterbaugh, and seconded by Mrs. Kerr, and carried that - this application, P /CA 60/93, by Claremont Estates Ontario Inc., be APPROVED, on the grounds that the proposed required frontage and front lot line definition variances are 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 2.39( c)(i) and 5.6 of Zoning By-law 3037, subject to the following conditions: 1. That prior to the final clearance of this variance, the owner obtain an access easement to the subject property (landlocked parcel) from an open public road. 2. The most westerly lot line of the proposed retained parcel shall be defined as the "Front Lot Line". 9. OTHER BUSINESS Motion: Moved by Mrs. Scorer and seconded by Mr. Puterbough, and carried that - In the event recirculations of Committee of Adjustment applications P /CA 71/75, 72/75, 20/79 and 21/79 are deemed necessary, then the application fees payable to the Town of Pickering regarding the submission of new applications are hereby deemed to be waived. -.' 10. ADJOURNMENT MOTION: Moved by Mrs. Kerr, seconded by Mr. Puterbough and carried unanimously - That the 12th 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 Wednesday, September 1, 1993. ~~~/~ 0 /9fl3 DATE w ~~ CHAIRMAN c~ fC&/~ SECRETARY -TREASURER