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HomeMy WebLinkAboutMarch 4, 2009 Committee of Adjustment Citct Meeting Minutes o~ Wednesday, March 4, 2009 7:00 pm PICKER Main Committee Room PENDING ADOPTION PRESENT: Kevin Ashe David Johnson - Chair Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Susan Kular (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, March 4, 2009 meeting be adopted. CARRIED UNANIMOUSLY (11) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 2nd meeting of the Committee of Adjustment held Wednesday, February 11, 2009 be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Citq 00 Meeting Minutes 141 Wednesday, March 4, 2009 T 7:00 pm Main Committee Room (III) REPORTS 1. (Deferred at the January 21, 2009 meeting) P/CA 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 the City's Manager, Development Control 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. In response to questions from a Committee Member the Secretary-Treasurer, explained the Conservation Authority permit process is different from the City of Pickering and commented on the reason the deck does not comply within the Zoning By-law. Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 48/08 by A. Perez, be REFUSED on the grounds that the request to permit a rear yard depth of 0.3 metre is a major variance that is not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. Moved by Eric Newton Seconded by Keith Wilkinson That the motion to REFUSE the application be WITHDRAWN. CARRIED UNANIMOUSLY 2 Committee of Adjustment Meeting Minutes C~tcl o~ Wednesday, March 4, 2009 yy F8F1Nid sk: 7:00 pm PMain Committee Room Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 48/08 by A. Perez, be APPROVED on the grounds that the amended application to permit a reduced rear yard depth of 5.0 metres to a 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: 1. That this variance applies only to a deck; as generally sited on the applicant's submitted plan and sketches with approximately the easterly 4.5 metres removed. 2. That the applicant contacts the Planning & Development Department to arrange for an inspection of the deck to confirm that the construction of the deck is in conformity with the requirements of Condition #1 and obtains the necessary approvals within eight months of the date of this decision or this decision shall become null and void. CARRIED Vote Kevin Ashe opposed David Johnson in favour Eric Newton in favour Keith Wilkinson in favour 2. (Deferred at the February 11, 2009 meeting) P/CA 05/09 - D. Munch & J. Rauh-Munch 509 Marksbury Road (Part of Lots 10, 11, 12, Plan 270 Parts 1 - 6, 40R-24840) City of Pickering The applicant requests relief from Zoning By-law 2511, to permit a 4.5 metre front yard depth to a proposed two-storey detached dwelling with an attached garage, whereas the by-law requires a minimum front yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit. 3 Committee of Adjustment Cit Meeting Minutes r~ o~ it1 Wednesday, March 4, 2009 1111 7:00 pm I Main Committee Room M UAR The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal of the application. Written comments were received from the City's Manager, Development Control expressing no concerns. Written comments were also received from Jasmin Rauh-Munch and Dorne Munch of 509 Marksbury Road, C. & C. Bamford of 528 Marksbury Road and Peter Barton of Avtech Design in support of the application. Jasmin Rauh-Munch, owner, was present to represent the application, Larry Field and Ron Dewell of TRCA, were present in favour of the application. Correspondence received from Jasmin Rauh-Munch indicates further discussions have taken place with her architect and they have moved the proposed two-storey detached dwelling 1.5 metres to the south, to address the existing grading conditions. Correspondence received from C. & C. Bamford indicated they are the neighbours directly across the street from the subject property and have no objections to the plans outlined in this application Jasmine Rauh-Munch gave an overview of the application and noted the change in the dwelling location, handed out letters to the Committee Members from her architect, and the neighbor to the north in support of the application, and photos for the Committee to review. Larry Field explained the history of the subject property and waterfront trail, reviewed the air photo that was handed out to the Committee Members. In response to a question from a Committee Member, Larry Field explained once the existing dwelling is removed, the property will be landscaped to enhance the waterfront trail. Moved by Kevin Ashe' Seconded by David Johnson That application P/CA 05/09 by D. Munch & J. Rauh-Munch, be APPROVED on the grounds that the proposed 4.5 metre front yard depth to a proposed two-storey detached dwelling with an attached garage 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 Zoning By-law, subject to the following conditions: 4 Committee of Adjustment CCtcj Meeting Minutes o~ Wednesday, March 4, 2009 7:00 pm I Main Committee Room 1. That this variance applies only to the proposed two-storey detached dwelling with and attached garage, 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. MOTION DEFEATED Vote Kevin Ashe in favour David Johnson in favour Eric Newton opposed Keith Wilkinson opposed Moved by Kevin Ashe Seconded by Keith Wilkinson That application P/CA 05/09 by D. Munch & J. Rauh-Munch, be DEFERRED until the next meeting in order for the entire Committee to be present. CARRIED UNANIMOUSLY 3. P/CA 07/09 - R. & K. Treston 1679 Pickering Parkway (Part of Block A, Plan 1024, Part 2, 40R-8639) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1896/84 to permit a 0.6 metre side yard width to a proposed one-storey rear yard addition to the existing townhouse dwelling unit, whereas the by-law requires a side yard width of 1.2 metres to a wall. not part of a common wall or a direct extension thereof where no side yard is provided on the abutting property. The applicant requests 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 Manager, Development Control expressing no concerns. 5 Committee of Adjustment CL a~ Meeting Minutes Wednesday, March 4, 2009 7:00 pm Main Committee Room John Lewandowski, agent, was present to represent the application. R. & K. Treston, owners were also present in favour of the application. Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 07/09 by R. & K. Treston, be APPROVED on the grounds that the 0.6 metre side yard width 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: 1. That this variance applies only to the proposed one storey addition, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains 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 4. P/CA 08/09 - OPB Realty Incorporated 1355 Kingston Road (Part of Lots 21 and 22, Concession 1) City of Pickering The applicant requests relief from Zoning By-law 3036 as amended by By-law 5994/02 to reduce the parking standard for retail uses from 5.0 spaces per 100 square metres of gross leasable floor space to 4.4 spaces per 100 square metres of gross leasable floor space for the commercial shopping centre. The applicant requests approval of this variance to facilitate future expansion of the Pickering Town Centre including a possible office building and free-standing restaurants. 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 Manager, Development Control expressing no concerns. 6 Committee of Adjustment Citcl o~ Meeting Minutes Wednesday, March 4, 2009 P1r-7T= 7:00 pm Main Committee Room Jim Kotsopoulos, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member Jim Kotsopoulos explained the location of the office building on the subject property and also agrees with staff recommendations. Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 08/09 by OPB Realty Incorporated, be APPROVED on the grounds that-the request to permit a reduction to the parking standard for retail uses to 4.4 spaces per 100 square metre of gross leasable floor space 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 condition: 1. That this variance apply only to the proposed Town Centre expansion, as generally sited and outlined on the applicant's plans submitted with this application. CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Eric Newton Seconded by Keith Wilkinson That the 3rd meeting of 2008 the Committee of Adjustment be adjourned at 7:43 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 25, 2009. CARRIED UNANIMOUSLY Date r .y` Chair Assis t Secretary-Treasurer 7