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HomeMy WebLinkAboutJune 9, 1993 .40 - MINUTES of the 9th meeting of the Committee of Adjustment held in the Committee Room of the Pickering Civic Complex on Wednesday, June 9, 1993 PRESENT Ms. S. Archer, Chairperson Mr. B. Bhuta Mrs. D. Kerr Mr. M. Puterbough Mrs. C. Scorer w ALSO PRESENT Mrs. Eva McDougall, Secretary-Treasurer Mrs. Lynda D. Taylor, Manager, Current Operations Division 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 Mrs. Scorer, seconded by Mrs. Kerr and carried unanimously- That the minutes of the 8th meeting of the Committee of Adjustment held May 19, 1993 be adopted. 3. P /CA 41/93 - S. and B. McKean Part of Lot 8, Plan 65; Parts 1 and 2, 40R-7585 Also known as 688 Front Street 'W The applicants request relief from the provisions of Zoning By-law 2511 as follows: (1) Section 10.2.1 of By-law 2511 to permit the continuance of a lot frontage of 6.7 metres, whereas the By-law requires that a lot provide a minimum frontage of 15.0 metres. (2) Section 10.2.3 of By-law 2511 to permit the continuance of: i) a minimum 0.0 metre south side yard width provided by the existing dwelling and deck on the lot; ii)a minimum 0.29 metre north side yard width provided by the existing dwelling on the lot; whereas the By-law requires that a dwelling without an attached garage provide minimum side yard widths of 1.5 metres on one side and 2.4 metres on the other side. Approval of this application is required in order to bring the subject property into compliance with the provisions of the zoning by-law, and to allow the applicants to apply, retroactively, for a building permit for the existing dwelling. Mr. and Mrs. S. McKean were present to represent the application. Mr. James McKean was present in support of the application. Mrs. O'Keefe, 1278 Commerce Street, was also present in support of the application. The Secetary- Treasurer outlined comments received from the Town of Pickering Planning Department; C.M.T. Sheffield, Town Solicitor; and S.A. Vokes, Director of Public Works, Town of Pickering. "', - 41 - ~ Ms. Archer advised the applicants that the application is out of the jurisdiction of the Committee of Adjustment. Mr. S. McKean stated that they want to make the dwelling on the property comply with the zoning by-laws, and they were advised to start with an application to the Committee of Adjustment. Mr. S. McKean explained how the situation of encroachment of the dwelling onto the Commerce Street road allowance occurred. Mr. McKean indicated that it was the fault of the contractors that the house was built over the lot line extending onto Town property. Mr. McKean advised he has been trying to sort out the matter since 1985. Mrs. O'Keefe stated her support of the application. She advised the neighbourhood is quite unique with many old cottages. She noted that an error was made in the placement of the foundation for the subject property, and stated that the situation was not causing any problems in the neighbourhood. Mr. Puterbough stated that properties to the north of the subject property had recently been rezoned. Mrs. Taylor advised that the area referred to was the Bayview Street Rehabilitation area, which was funded by a grant to the Town to upgrade streets and services. Mrs. B. McKean explained that they appear to be going in circles to try and resolve the problem, and asked Mrs. Taylor what the best avenue would be to resolve the problem. Mrs. Taylor advised that an official plan and zoning by-law amendment applications would be the best route to try and resolve the situation. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Kerr, and carried unanimously that - this application, P /CA 41/93, by S. and B. McKean, as outlined, be REFUSED on the grounds that the lot frontage and side yard width variances are major in nature due to the encroachment on the Town-owned Commerce Street Road allowance, the variances are beyond the jurisdiction of the Committee of Adjustment to rule on, and the variances are best dealt with through a zoning by-law amendment application. 5. P /CA 44/93 - P /CA 48/93 inclusive Fairport Developments Inc. (Yorkwood Investments Ltd.) Lots 52,24,23,51 & 30, Plan 40M-1692 '-" The applicant requests relief from the provisions of Zoning By-law 3036 as follows: (1) Section 10.2.3 of the By-law to permit the establishment of a minimum 6.0 metre front yard depth to be provided by the proposed dwellings on the lots, whereas the by-law requires that a dwelling provide a minimum front yard depth of 7.5 metres (for Lots 52, 24,23, 51 and 30, Plan 4OM-1692). (2) Section 6.4 of the By-law to permit the establishment of a minimum 4.3 metre tlankage side yard width, whereas the by-law requires that a dwelling provide a minimum tlankage side yard width of 4.5 metres (for Lot 52, Plan 4OM-1692). Approval of these variance applications is required in order to allow building permits to be issued for the proposed dwellings on the lots. Mr. M. Godfrey, representing the applicant, was present to represent the application. No further representation was present in favour or in objection to the application. The Secretary-Treasurer outlined comments received from the Town of Pickering Planning Department; R. Starr, Senior Construction Technician, Department of Public Works; CN North America, Engineering Services; Region of Durham, Department of Health Services, which the Committee had before them. A copy of all comments received was provided to the applicant. " Mr. Godfrey advised the Committee that his company had recently purchased the subject lots. He stated that the lots were problem lots as they were shallow, and ranged in depth from 100 to 102 feet. He indicated that Lot 52 has an additional flankage side yard problem. Mr. Godfrey noted the comment from the Department of Public Works, and stated that in other areas of the Town 6.0 metres is a standard front yard depth requirement. . - 42 - Mr. Puterbough asked if a smaller dwelling could be placed on Lot 52 to eliminate the need for the side yard variance. Mr. Godfrey indicated that prospective purchasers view model homes and want a certain size living room and entrance area. Mr. Godfrey indicated the main floor living room and entrance area sizes are critical to potential purchasers. DECISION: Moved by Mrs. Kerr and seconded by Mrs. Scorer, and carried unanimously that - this application, PICA 44 - PICA 48/93 inclusive, by Fairport Developments Inc. (Yorkwood Investments Ltd.), as outlined, be APPROVED on the grounds that the standard 6.0 metre minimum front yard depth requirement has been in use for a number of years in the Town; 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 10.2.3 and 6.4 of Zoning By-law 3036, subject to the __ following condition: 1. That these variances apply only to dwellings as generally proposed with these applications on the date of this decision. 6. PICA 49/93 - E. and L. Aspinall Lot 50, Plan 40M-1375 Also known as 1070 Maury Crescent The applicants request relief from the provisions of Zoning By-law 3036, as amended by Zoning By-law 1699/83, Section 5.(I)(b)(vi) to permit the establishment of a minimum rear yard depth of 6.2 metres, whereas the By-law requires that a dwelling provide a minimum rear yard depth of 7.5 metres. Approval of this variance application is required in order for a building permit to be issued for a proposed one-storey sunroom to be added to the rear of the dwelling. Mr. R. Banman, agent, was present to represent the application. No further representation was present in favour or in objection to the application. The Secretary- Treasurer outlined comments received from the Town of Pickering Planning Department. A copy of all comments received was provided to the agent. Mr. Banman stated that the construction of a sunroom of a smaller size would not be _ practical. DECISION: Moved by Mr. Puterbough and seconded by Mrs. Scorer, and carried unanimously that - this application, P /CA 49/93, by E. and L. Aspinall, as outlined, be APPROVED on the grounds that the rear yard depth 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 as amended by Zoning By-law 1699/83, Section 5(I)(b)(vi) subject to the following condition: 1. That this variance apply only to the addition as generally shown in this application. ADJOURNMENT MOTION: Moved by Mrs. Kerr, seconded by Mrs. Scorer and carried unanimously- That the 9th meeting of the Committee of Adjustment be adjourned at 8:00 p.m. and the next regular meeting of the Committee of Adjustment be held on Wednesday, June 30,1993. ~?tV~O" /?'9.3 DATE " ~~1 , ~/'l A ,,// ~j.:<J(l/~/ . 1 C?~------- CHAIRMAN (-0: ~ .;/7 ' ~,~ A--,<:._ Z~~7<<C:z.-/ SECRETARY- TREASURER