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HomeMy WebLinkAboutJuly 29, 2009 Committee of Adjustment Meeting Minutes C[tq o~ Aga, Wednesday, July 29, 2009 7:05 pm PICKEMG Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Lynda Taylor, Manager, Development Review Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Susan Kular Ross Pym, Secretary-Treasurer (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, July 29, 2009 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, July 8, 2009 be adopted. CARRIED UNANIMOUSLY 1 Committee of Adjustment Meeting Minutes ~Ctcj 00 Wednesday, July 29, 2009 7:05 pm I Main Committee Room JL %.~B G (III) REPORTS 1. P/CA 30/09 - J. Hoover 1938 Calvington Drive (Part Block 6, 40M-2339, Part 12 & 13, 40R-25465) City of Pickering The applicants request relief from Zoning By-law 3036, as amended by By-law 6585/05 to permit a 0.3 metre west side yard width and a 3.8 metre rear yard depth to a proposed raised deck, whereas the by-law requires a minimum side yard width of 0.6 metres and a rear yard depth of 6.0 metres. The applicant requests approval of these variances in order to obtain a building permit. The Manager, Development Review 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 expressing no concerns. Jay Hoover, 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 Eric Newton That application P/CA 30/09 by J. Hoover, be APPROVED on the grounds that the 0.3 metre west side yard width and the 3.8 metre rear yard depth to a proposed rear yard raised deck, 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 apply only to the proposed raised deck, 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 2 I Committee of Adjustment Meeting Minutes Citcj a~ i Wednesday, July 29, 2009 7:05 pm PI Main Committee Room 2. P/CA 31/09 - 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 permit the construction of a first phase of the proposed office development to be located entirely outside of the "build-to-zone' whereas the by-law requires a minimum of 70 percent of the length of the building to be located within the "build-to-zone". The applicant requests approval of this variance to obtain Site Plan approval and building permits. The Manager, Development Review outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. The Manager, Development Review also advised the Committee that the Site Plan Advisory Committee requests that this application be deferred until the site plan review process has been completed. Written comments were also received from the City's Development Control Manager, expressing no concerns and the City's Coordinator, City Development Office of Sustainability in support of the application. In correspondence received from the Coordinator, City Development Office of Sustainability indicates the delaying the second phase of the building will provide the applicant time to find a tenant, and the opportunity to design the structure in accordance with the tenant's needs. The detailed design of the additional commercial/retail/restaurant space (and surrounding landscaped area) can be better coordinated with the design and planning of other adjacent projects, namely the Pickering Pedestrian Bridge and possible redesign of Pickering Parkway. Diana Schlosser, agent, and Bruno Bartel of 20 Vic, were present to represent the application. Jerry Terpstra of 1360 Glenanna Road was present to advise the Committee of his concerns. Diana Schlosser explained the application and presented a layout of the first and second phase of the subject property. In response to concerns Bruno Bartel explained that the parking reduction has already been approved by the Committee earlier in the year and traffic studies will be done and addressed though the site plan process. 3 Committee of Adjustment Meeting Minutes C-itq Wednesday, July 29, 2009 7:05 pm PICKERING Main Committee Room Jerry Terpstra expressed concerns with increased traffic along Glenanna Road and Hwy 2 and the decrease in parking availability resulting in an overflow onto City streets especially through the Christmas season. Moved by Eric Newton Seconded.by Keith Wilkinson That application P/CA 31/09 by OPB Realty Incorporated, be APPROVED on the grounds that the request to permit the construction of a first phase of the proposed office development to be located entirely outside of the "build-to-zone" 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 office development, as generally 'sited and outlined on the applicant's plans submitted with this application. 2. That the applicant obtains Site Plan approval and a building permit for the proposed construction within one year of the date of this decision, or this decision shall become null and void. 3. That the approval to permit the construction of a first phase of the proposed office development to be located entirely outside of the "build-to-zone" be temporary in nature and be limited to a period of three years only from the date of the decision, whereupon the decision shall become null and void. . CARRIED UNANIMOUSLY 3. P/CA 32/09 - Met-Star Holdings Limited .1211 Kingston Road (South Part of Lots 23 & 24, Concession 1) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6112/03 to permit one take-out restaurant for the immediate consumption of food off the premises with a maximum gross floor area of 82 square metres, whereas the by-law only permits a restaurant Type B which are defined as eat-in restaurants. 4 Committee of Adjustment Meeting Minutes CCtq o~ a i Wednesday, July 29, 2009 7:05 pm P Main Committee Room The applicant requests approval of this variance in order to obtain a building permit. The Manager, Development Review 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 expressing no concerns. R. Bhaloo and M. Bhaloo, agents, were 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 32/09 by Met-Star Holdings Limited, be APPROVED on the grounds that the request to allow the proposed take-out restaurant 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 commercial unit (Unit 14), as generally sited and outlined on the applicant's submitted plans with this application. 2. That only one take-out restaurant for the consumption of food off the premises only is permitted within the commercial plaza. 3. That the maximum gross floor area of the take-out restaurant is 82 square metres. 4. That the aggregate gross floor area of all restaurants Type B and the accessory take-out restaurant will not exceed 700 square metres. 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 Committee of Adjustment Meeting Minutes C-itq o~ Wednesday, July 29, 2009 7:05 pm P1%C1r=-.iuR1NG Main Committee Room 4. P/CA 33/09 - Kiya Development Ltd. 1500 Old Forest Road (Lot 124, Plan 816, Part 1, 40R-25484) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a maximum lot coverage of 39 percent, a flankage side yard width of 1.2 metres to the proposed covered porch and a front yard depth of 5.5 metres to the proposed dwelling, whereas the by-law requires a maximum lot coverage of 33 percent, a minimum flankage side yard width of 2.7 metres and a minimum front yard depth of 7.5 metres. The applicant requests approval of these variances in order to obtain a building permit. The Manager, Development Review outlined comments received from the City of Pickering Planning & Development Department recommending approval for the proposed dwelling and recommending refusal for the proposed covered porch subject to conditions. Written comments were also received from the City's Development Control Manager indicating a 2.7 metres flankage side yard width on lots adjacent to the road allowance ensures suitable sightlines are maintained and the geometrics of the intersection of Sheppard Avenue and Old Forest Road are such that suitable sightlines would provide a safer intersection, the reduction should not be approved. Lucky Dutt, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Lucky Dutt presented and explained photos of the subject property and surrounding area. Lucky Dutt also indicated there would be no blockage of sightlines from the proposed covered porch and that it would maintain openness and streetscape character. In response to a question from a Committee Member, the Manager, Development Review explained the zoning by-law provisions applicable to an uncovered porch. 6 Committee of Adjustment Meeting Minutes Citq el Wednesday, July,29, 2009 7:05 pm Main Committee Room PIC <ERNG Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 33/09 by Kiya Development Ltd., be APPROVED on the grounds that the request to permit a maximum lot coverage of 39 percent, a front yard depth of 5.5 metres to a proposed dwelling and a flankage side yard width of 1.2 metres to the proposed covered porch 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 conditions: 1. That these variances applies only to the proposed two storey dwelling, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the covered porch shall not be enclosed. 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 (IV) ADJOURNMENT Moved by Keith Wilkinson Seconded by Eric Newton That the 10th meeting of 2009 the Committee of Adjustment be adjourned at 7:42 pm and the next meeting of the Committee of Adjustment be held on Wednesday, August 19, 2009. CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer 7