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HomeMy WebLinkAboutJune 17, 2009 Committee of Adjustment Meeting Minutes City o~ AL A'at, i Wednesday, June 17, 2009 7:00 pm PI Main Committee Room 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, June 17, 2009 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 7th meeting of the Committee of Adjustment held Wednesday, May 27, 2009 be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes CCtq o~ Wednesday, June 17, 2009 7:00 pm I Main Committee Room (III) REPORTS 1. (Deferred at the May 27, 2009) P/CA 20/09 - S. & K. Greene 4705.Carpenter Court (Lot 15, Plan 40M-2143) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law 6021/02 to permit a maximum height of 4.5 metres to a proposed detached garage and to permit a proposed detached garage to be partially erected in the side yard, whereas the by-law requires a maximum height of 3.5 metres to an accessory structure and that all accessory buildings shall be erected in the rear yard. 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 received from the City's Development Control Manager expressing no concerns. Written comments were received from Fred Parsons of 1621 Acorn Lane, D. Collins of 1623 Acorn Lane, Penny Whitehead of 4709 Carpenter Court, George Koitsopoulos of 1628 Acorn Lane and Garry and Madelon Fitzpatrick of 4721 Carpenter Court all in objection to the application. Sean & Kelly Greene, owners, were present to represent the application. Penny Whitehead of 4709 Carpenter Court was present in objection to the application. Correspondence received from Fred Parsons expressed concerns with the height of the proposed garage. Correspondence received from D. Collins expressed concerns with the aesthetic effects and set a precedent for future changes or building. project to other properties in the surrounding area. Correspondence received from Penny Whitehead expressed several concerns with property values, losing the "live in the country" feel, blocking of sunlight, questioned what is the true building height, the use of the second floor and suggests relocating the proposed garage. 2 Committee of Adjustment City Meeting Minutes o~ Wednesday, June 17, 2009 7:00 pm PI _ Main Committee Room Correspondence received from George Koitsopoulos expressed concerns with the proposed garage is too close to the property line removing the elegance of Claremont Estates, the proposed garage will encourage others in the surrounding neighbourhood to pursue additions making the hamlet less appealing to future purchasers. Correspondence received from Garry and Madelon Fitzpatrick expressed concerns with decrease in property value, questioned if building is being used for a home base business and suggests relocating the proposed garage. Kelly Greene explained they had an opportunity to meet with the neighbours and meet with Committee members on-siteto further outline the application. In response to a question from a Committee member Kelly Greene explained the intent of the building will be storage for a vehicle, large trailer, garden supplies and will not be used as living space. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 20/09 by S. & K. Greene, be APPROVED on the grounds that the maximum height of 4.5 metres to a proposed detached garage and to permit a proposed detached garage to be partially erected in the side yard 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: 1. That these variances applies only to the proposed detached garage, as generally sited and outlined on the applicant's submitted plans with this application. 2. As part of the building permit submission, the applicant ensures that no habitable space is proposed within the proposed detached garage. 3. 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 3 Committee of Adjustment Meeting Minutes Citq iii JL A&, Wednesday, June 17, 2009 7:00 pm PUC~YT/ERNG Main Committee Room 2. P/CA 22/09 - B. & G. McCusker 836 Hillcrest Road (Lot 125, Plan M20) City of Pickering The applicants request relief from Zoning By-law 2520 as amended to permit a replacement deck around an above ground pool in the rear yard having a side yard width of 0.1 metre side yard depth and a 0.1 metre rear yard depth, whereas the By-law requires accessory structures to be set back a minimum of 1.0 metres from the side and rear yard lines. The applicants request approval of these variances in order to obtain zoning compliance and 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 Manager stating all existing drainage patterns need to be maintained. Betty & Gerard McCusker, owners, were present to represent the application. No further representation was present in favour of or in objection to the application'. Gerard McCusker explained the application. In response to a question from. a Committee member Gerard McCusker clarified the fence is a solid wood fence. Moved by Kevin Ashe Seconded by Keith Wilkinson That application P/CA 22/09 by B. & G. McCusker, be APPROVED on the grounds that the request to permit an accessory structure having a side yard width of 0.1 metres and rear yard depth of 0.1 metres 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 condition: 1. That these variances apply only to the proposed replacement deck, as generally sited and outlined on the applicant's submitted plan and sketches with this application. CARRIED UNANIMOUSLY 4 Committee of Adjustment Meeting Minutes Citq o~ vlna Wednesday, June 17, 2009 7:00 pm PICKE Main Committee Room 3. P/CA 23/09 - M. & S. Enright 285 Whitevale Road (Part of Lot 33, Concession 4 Part 1, 40R-19536) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law 2677/88 to permit to permit a front yard depth of 6.7 metres to a proposed two- storey addition to the existing dwelling, whereas the by-law requires a minimum front yard depth of 12.0 metres. The applicant also requests relief from the by-law to recognize the following attributes to three accessory structures: Setback from Building Building Zoning Requirements Front Lot Line Height Location Barn #1 2.4 metres 12.0 metres front & side minimum 9.0 metres front yards yard depth Barn #2 N/A 7.0 metres side yard maximum accessory building height of 3.5 metres Barn #3 N/A 7.0 metres N/A all accessory buildings shall be located in the rear and 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 tabling until the applicant receives heritage consultation as a Heritage Permit is required for the proposed two storey addition. Written comments were also received from the City's Chief Building Official indicating the applicant to consult on the design of the proposed two storey addition to ensure compliance with the Heritage District. Michael & Sara Enright, owners, were 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, the Secretary-Treasurer ryexplained the Heritage Committee is appointed by Council. 5 Committee of Adjustment Citq Meeting Minutes o~ A-Mial Wednesday, June 17, 2009 i 7:00 pm Main Committee Room PIC <EMNG Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 23/09 by M. & S. Enright, be TABLED on the grounds that the 6.7 metre front yard depth to a proposed two-storey addition to the existing dwelling and the accessory building located in the front and side yard, accessory building height of 12.0 metres and 7.0 metres, and the front yard depth of the accessory building to be premature since the property is located within the Whitevale Heritage Conservation District and therefore recommends that the applicant receives heritage consultation as a Heritage Permit for the proposed two storey addition will be required. CARRIED UNANIMOUSLY 4. P/CA 24/09 - P. & L. Clarke 1470 Finch Avenue (South Part of Lot 21, Concession 2) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a detached garage to be located in the front yard, whereas the by-law requires all accessory buildings to be located in the rear yard. 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 received from the City's Development Control Manager indicating approval should be conditional of the septic system being rectified. Written comments were received from the Toronto and Region Conservation Authority indicating no objection to the application. Written comments were received from John & Marilyn Metcalfe of 1462 Finch Avenue in objection to the application. Written comments were also received from the Region of Durham Health Department. recommending the application be denied unless the subject property is serviced by municipal sanitary sewer or a new private sewage disposal system that adheres to Part 8, OBC is installed. 6 Committee of Adjustment Meeting Minutes City o~ Irma Wednesday, June 17, 2009 7:00 pm PICKE Main Committee Room Paul & Lorraine Clarke, owners, were present to represent the application. Abbas Alzubaidi of 2002 Bloomfield Court, Roger Moteelall of 2004 Bloomfield Court, John Metcalfe of 1462 Finch Avenue and David & Laura Mount of 2006 Bloomfield Court were present in objection to the application. Lorraine Clarke outlined the application, advised the Committee she is aware a new septic system is required and has been in contact with the Region of. Durham Health Department. Lorraine Clarke provided a picture of the proposed detached garage to the Committee and explained it will blend with existing dwelling and streetscape. In response to a question from a Committee member Lorraine Clarke indicated they are in agreement with staff recommended the maximum height limited to 4.5 metres. Abbas Alzubaidi expressed concerns with the height and location of the proposed detached garage. Roger Moteelall expressed concerns with the height and the possible conversion of the two storey garage into living space. John Metcalfe outlined the correspondence and expressed several concerns with location of the proposed detached garage in relation to the property lines, the possibility of the proposed detached garage being converted into living space, the replacement and location of the septic system, and the landscaping around the proposed detached garage. Requested the property be formally surveyed prior to an approval. David & Laura Mount expressed concerns with the height, the possible conversion of the two storey garage into living space and the flooding problem currently on the subject property. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 24/09 by P. & L. Clarke, be APPROVED on the grounds that the proposed detached garage to be located 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 the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the proposed detached garage, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the maximum height of the proposed detached garage be limited to 4.5 metres. 7 Committee of Adjustment Meeting Minutes Wednesday, June 17, 2009 PI 7:00 pm Main Committee Room 3. That the applicant contacts the Region Health Department in order to review the functioning of the septic system on the property to the satisfaction of the Region of Durham. 4. That the applicant submits an application review fee of $200.00 payable to the Region of Durham Health Department for their review of this application. 5. 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 5. P/CA 25/09 - Pickering-Brock Centre 1755 Pickering Parkway S. Part of Lot 17, 18, Concession 1 Now Plan 40R-20443 Parts 1, 3, 5, 6, 7, 8, 9, 10, 11 City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6549/05 to permit a maximum aggregate floor area of 4,850 square metres for retail stores between 100 square metres and 1,400 square metres in size, whereas the by-law permits a maximum aggregate floor area of 4,570 square metres for retail stores between 100 square metres and 1,400 square metres in size. The applicant requests approval of this variance in order to obtain a building permit to convert one existing retail unit into two. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Harry Froussios, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 25/09 by Pickering-Brock Centre, be APPROVED on the grounds that the proposed increase to the aggregate floor area to 4,850 square 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: 8 Committee of Adjustment CMeeting Minutes ~tcj o~ ai Wednesday, June 17, 2009 T 7:00 pm 1 Main Committee Room 1. That the applicant obtains a building permit for the proposed building changes within one year of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 6. P/CA 26/09 - Michael Nufrio 1478 - 1480 Highbush Trail (Lots 116 and 117, Plan 816) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a reduced lot frontage of 8.5 metres, whereas the by-law requires a minimum lot frontage of 15.0 metres. The applicant requests approval of this variance in order to facilitate an associated Land Severance application that will result in conveyance of lands providing the applicant with direct access onto Highbush Trail. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Michael Nufrio, owner, was present to represent the application. Wayne & Penny Purdon of 1476 Highbush Trail were also present in favour of the application. Moved by Kevin Ashe Seconded by Keith Wilkinson That application P/CA 26/09 by Michael Nufrio, be APPROVED on the grounds that the proposed establishment of a reduced lot frontage of 8.5 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: 1. That the applicant obtains and finalizes a land severance within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 9 Committee of Adjustment Meeting Minutes C1~ o~ 141 Wednesday, June 17, 2009 7:00 pm Main Committee Room I P~~ ING 7. P/CA 27/09 - B. & N. Gray 708 Front Road (Part of Lot 46, Plan M-90) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a front yard depth of 0.0 metre,, a maximum lot coverage of 39 percent, an accessory building north side yard width of 0.8 metres and a lot coverage of 8.3 percent for an existing shed, whereas the by-law requires a front yard depth of 7.5 metres, a maximum total lot coverage of 33 percent, a side yard width of 1.0 metre for accessory buildings and a lot coverage of 5 percent for all accessory structures. The applicant requests approval of this variance in order to obtain a building permit for a proposed one storey addition. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were also received from the City's Engineering & Capital Works Supervisor indicating an encroachment agreement is required to recognize existing porch on a municipal boulevard (Front Road). Ben & Nicole Gray, owners, was present to represent the application. Lee & Jane Gray were also present in favour of the application. Moved by Eric Newton Seconded by Kevin Ashe That application P/CA 27/09 by B. & N. Gray, be APPROVED on the grounds that the front yard depth of 0.0 metre, a maximum lot coverage of 39 percent, an accessory building north side yard width of 0.8 metres and a lot coverage of 8.3 percent for an existing shed 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: 1. That these variances applies only to the existing buildings and proposed addition, as generally sited and outlined on the applicant's submitted plans with this application. 10 Committee of Adjustment Meeting Minutes C[tq oo - Wednesday, June 17, 2009 7:00 pm PI Main Committee Room 2. That the applicant enters into an encroachment agreement with the City to recognize. the existing covered porch within the municipal right-of-way (Front Road) within one year of the date of this decision, or this decision shall become null and void. 3. That the applicant relocates the steps to the existing deck on the southerly portion of the subject property to ensure they comply with zoning requirements. 4. 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 (IV) ADJOURNMENT Moved by Eric Newton Seconded by Keith Wilkinson That the 8th meeting of 2009 the Committee of Adjustment be adjourned at 8:03 pm and the next meeting of the Committee of Adjustment be held on Wednesday, July 8, 2009. CARRIED UNANIMOUSLY r 20,01 Date r_ r L Chair Assistant Secretary-Treasurer 11