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HomeMy WebLinkAboutJanuary 21, 2009 Committee of Adjustment Meeting Minutes Wednesday, January 21, 2009 7:01 pm Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Susan Kular Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Jean Finn, Assistant Secretary-Treasurer (I) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, January 21, 2009 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Susan Kular Seconded by Keith Wilkinson That the minutes of the 16th meeting of the Committee of Adjustment held Wednesday, December 3, 2008 be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes Wednesday, January 21, 2009 7:01 pm Main Committee Room (III) REPORTS 1 . (Deferred from the December 3, 2008 meeting) PICA 48/08 - A. Perez 1622 Fairfield Crescent (Lot 158, Plan 40M-1499) City of Pickering The applicant requests relief from Zoning By-law 3036 as amended by By-law 2118/85 to permit a deck located 0.3 metre from the rear lot line whereas the By-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain Zoning compliance. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal of the application. Written comments were also received from th.e City's Development Control Supervisor expressing no concerns. Alma Perez, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Kevin Ashe Seconded by Susan Kular That application PICA 48/08 by A. Perez, be DEFERRED for six weeks to the March 4th meeting in order to give all the Committee Members an opportunity to visit the site, as the snow is obstructing the view. CARRIED UNANIMOUSLY 2. PICA 01/09 - D. and K. Florio 298 Starview Court (Lot 20 Plan 40M-1449 and Block 43 Plan 40M-1450) City of Pickering The applicants request relief from Zoning By-law 3036 to permit the parking of a vehicle 2.9 metres high on the driveway in the front yard, whereas the by-law permits a maximum vehicle height of 2.6 metres. 2 Committee of Adjustment Meeting Minutes Wednesday, January 21, 2009 7:01 pm Main Committee Room The applicants request approval of this variance In order to obtain zoning compliance. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Supervisor expressing no concerns. Paul Bigioni, the Applicant's Solicitor, was present to represent the application. He stated that the variance is minor, the vehicle is only one foot over the by-law requirement, and he presented pictures to the Committee. He stated that there would be minimum intrusion on the streetscape, and the hedge provides a buffer. He noted the impact on the neighbour if the truck was parked in the side yard where the by-law permits the vehicle to park. He stated that there would be an insurance problem if the truck was parked off of the property. A petition from eleven area neighbours was submitted in objection to the application. Concerns expressed in the correspondence were safety to residents (especially children), traffic concerns, health concerns due to the diesel engine idling in excess of 45 minutes, unpleasant odor, noise, negative aesthetics of the court, and negative impact on property value. The petition notes the unapproved cutting of public curb to accommodate a wider driveway and the use of property for storage of unsightly, potentially dangerous (glass) commercial related garbage, and that neighbours have made numerous complaints to the City for over 15 years that th~ applicant has been operating a business from the property. Harri Gopaul of 296 Starview Court was present in objection to the application. He expressed the concerns stated in the petition, and stated that it is an industrial truck, and that the application fails to meet the four test points of the Planning Act. He also stated that diesel oil has spilled into the trees. He stated that there is a repulsive smell from the engine, that it is environmentally unfriendly, obstructs the flow of traffic, and that the by-law allows four vehicles to be parked and there are usually more cars parked. He further stated that they have made numerous by-law complaints to the City for over 15 years regarding the business operation of the applicant. He presented pictures to the Committee. Heidi Sanita of 294 Starview Court was present in objection to the application. She stated that all the neighbours are affected by the parking of the commercial truck, and that the truck should be parked elsewhere. 3 Committee of Adjustment Meeting Minutes Wednesday, January 21, 2009 7:01 pm Main Committee Room Nenad Budisavljevic of 293 Starview Court was present in objection to the application and concurred with the comments of Harri Gopaul. Donna Hristov of 297 Starview Court was present in objection to the application. She is opposed to the parking of commercial vehicles in a residential neighbourhood and submitted a petition that outlined the objections to the application. Kingsley Anderson of 1813 Forestview Drive was present in support of the application. He stated that neighbours should work together. The Committee stated that some of the issues discussed pertained to by-law enforcement and are beyond the jurisdiction of the Committee. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 01/09 by D. and K. Florio, be APPROVED on the grounds that the request to permit the parking of a vehicle 2.9 metres high on the driveway in the front yard is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following condition: 1. That this variance applies only to one vehicle required by the current owners for the operation of their personally owned and managed business. CARRIED Vote Kevin Ashe David Johnson Susan Kular Eric Newton Keith Wilkinson in favour in favour in favour in favour opposed 4 Committee of Adjustment Meeting Minutes Wednesday, January 21, 2009 7:01 pm Main Committee Room 3. PICA 02/09 - Cougs (Valleyfarm) Limited Southeast corner of Kingston Road and Valley Farm Road (Block 36, Plan 40M-2089) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-laws 5891/01 and 5955/02 to permit a decrease in building height for stacked townhouses from 16.0 metres and 6 storeys to 13.1 metres and 5 storeys and to permit portions of a proposed six and ten storey condominium apartment building to have a 0.0 metre setback from the main wall of the building along Kingston Road, whereas the By-law requires a 1.0 metre setback for the portion of the building greater than 16.0 metres in height. The applicant requests approval of these variances in order to obtain Site Plan approval and a building permit for the proposed multi-building development. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Supervisor expressing no concerns. Written correspondence was also received from Robert Lennox on behalf of Hildia Lennox of 1575 Kingstc;>n Road expressing concerns in regard to the access road. Shane Steuernol, agent, was present to represent the application. Shane Steuernol explained the application. No public spoke, however there were numerous neighbours present to observe the hearing. Moved by Kevin Ashe Seconded by Susan Kular That application PICA 02/09 by Cougs (Valleyfarm) Limited, be APPROVED on the grounds that the proposed decrease in building height for stacked townhouses of 13.1 metres and 5 storeys and a reduced setback of 0.0 metres from the main wall of the building above 16.0 metres in height along Kingston Road are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 5 Committee of Adjustment Meeting Minutes Wednesday, January 21, 2009 7:01 pm Main Committee Room 1. That these variances apply only to the proposed multi-height, multi-building development, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains Site Plan approval and a building permit for the proposed mixed use development within three years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 4. PICA 03/09 - R. & R. Cariaso 526 Laurier Crescent (Lot 112, Plan 40M-1242 City of Pickering The applicants request relief from Zoning By-law 3036, as amended by By-law 1289/81 to permit 3.3 metre rear yard depth to a proposed two-storey deck, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicants request approval of this variance in order to obtain a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Supervisor expressing no concerns. Restituto Cariaso, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Keith Wilkinson That application PICA 03/09 by R. & R. Cariaso, be APPROVED on the grounds that the 3.3 metre rear yard depth to a proposed two-storey deck is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 6 Committee of Adjustment Meeting Minutes . Wednesday, January 21, 2009 7:01 pm Main Committee Room 1. That this variance applies only to the proposed two-storey deck, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicants obtain a building permit for the proposed construction within two years of the date of this decision, or this decision shall become null and void CARRIED UNANIMOUSLY 5. PICA 04/09 - Ontario Realty Corporation 2600 & 2610 Brock Road (Lot 7 & 8, Plan 585, Part 5 - 10, 40R-2633) City of Pickering The applicant requests relief from Zoning By-law 3037 to permit a minimum lot frontage of 80.7 metres, whereas the by-law requires a minimum lot frontage of 90.0 metres. The applicant requests approval of this variance in order to complete a land severance application to the Region of Durham Land Division Committee (Region of Durham File LD 116/08). The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Supervisor expressing no concerns. Lynn Collins, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Susan Kular Seconded by Keith Wilkinson That application PICA 04/09 by Ontario Realty Corporation, be APPROVED on the grounds that a minimum lot frontage of 80.7 metres is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 7 Committee of Adjustment Meeting Minutes Wednesday, January 21,2009 7:01 pm Main Committee Room 1. That this variance applies only to the proposed severed lot, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant finalize the associated land severance application LD 116/08 for the proposed severed lot or this decision shall become null and void. CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Susan Kular Seconded by Keith Wilkinson That the 1 st meeting of 2009 the Committee of Adjustment be adjourned at 7:58 pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 11,2009. CARRIED UNANIMOUSLY 1;-el'l} OJ Date r I . ~\" I ~ \? I ._.~'<~- Chair <--- ", ,,",'~) Assista Secretary-Treasurer 8