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HomeMy WebLinkAboutSeptember 30, 2009 Committee of Adjustment Meeting Minutes City 170 Wednesday, September 30 2009 TIM- 7:00 pm Pit 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, September 30, 2009 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Keith Wilkinson Seconded by Kevin Ashe That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday, September 9, 2009 be adopted. CARRIED 1 Committee of Adjustment Ci tq Meeting Minutes o~ Wednesday, September 30 2009 7:00 pm I Main Committee Room (III) REPORTS 1. P/CA 46/09 - Linli Management Ltd. 776 Liverpool Road (Lot 10, Plan 432) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 1571/82 to permit a music school use, whereas the by-law does not specifically permit a music school in a "C8" zone. 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 approval subject to conditions. Written comments were also received from the City's Development Control Manager, expressing no concerns and the City's Office of Sustainability, in support of the application. Paul Braude, owner, was present to represent the application. Jocelyn Tytla of 17 Cheyenne Drive and Zheenen Liao of 811 Kennedy Road were present in favour of the application. Patricia & Ward McKee of 780 Liverpool Road and Lynda Onofreychuk of 27 Cavehill Crescent were present in objection to the application. Paul Braude explained the future tenant already owns three other schools in other residential neighbourhoods and have not received complaints from surrounding neighbours. Paul Braude indicated this unit has been vacant for some time and feels the music school will benefit the community. Jocelyn Tytla explained the type of music that will be taught at the school will be mostly piano with some violin and voice. She operates other music schools and has not received noise complaints. The proposed school will have four studios with one-on-one teaching, the hours of operation will be approximately 4pm to 9pm and each room will be sound proofed. Zheenen Liao indicated he has worked with Jocelyn Tytla for about 5 years and have not received any noise complaints. Zheenen Liao explained the positive impact music brings to children. 2 Committee of Adjustment City Meeting Minutes o~ Wednesday, September 30 2009 7:00 pm PICKERING Main Committee Room Patricia & Ward McKee are in support of the proposed music school and acknowledged the positive impact it will have in the neighbourhood. They expressed concerns with the additional noise the music school will bring and the ongoing noise problem that already exists on the subject property because of the operation of the bar. They also noted concerns with future music tenants and questioned the type of music. Lynda Onofreychuk supports a music school and questioned how the building will be insulated to help with the noise, and also expressed concerns with the noise already existing on the subject property. Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 46/09 by Linli Management Ltd., be APPROVED on the grounds that the proposed music school use within the existing commercial building 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 on the subject property, 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 by September 28, 2011 or this decision shall become null and void. CARRIED UNANIMOUSLY 2. P/CA 47/09 - S. Campbell 1872 Appleview Road (RCP Part of Lot 75, Plan 1051) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a detached garage in the front yard having a maximum height of 4.8 metres, whereas the by-law requires all accessory structures to be located in the rear yard and a maximum accessory building height of 3.5 metres. The applicant requests approval of this variance in order to obtain a building permit. 3 i Committee of Adjustment Meeting Minutes Citq Wednesday, September 30 2009 7:00 pm PICKERE\TG Main Committee Room The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval for the proposed detached garage in the front yard subject to conditions and refusal for the maximum height of the proposed detached garage. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were also received from S. & H. Thomas of 1863 Appleveiw Road with no objection to the application. Stephen Campbell, owner, was present to represent the application and submitted comments from Pamela Tetford .of 1878 Appleview Road in support of the application. Steve Kenthol of 1882 Appleview Road and Scott Thomas of 1863 Appleview Road were present in favour of the application. Stephen Campbell indicated he has amended the application and reduce the maximum height to 4.2 metres and submitted drawings to the Planning & Development Department prior to the meeting. Stephen Campbell explained the proposed detached garage is to store a recreation trailer and needs the height to accommodate an oversized garage door, will complement the existing dwelling and surrounding area. Steve Kenthol indicated the surrounding neighbourhood is a mix of small to large dwellings and some have a garage in the front yard, would rather have an oversized trailer in a garage than in the front yard, and is in full support of the application. Scott Thomas indicated the proposed detached garage will add property value to the applicant's property as well as the surrounding neighourhood, and is, in full support of the.application. Moved by Kevin Ashe Seconded by Eric Newton That amended application P/CA 47/09 by S. Campbell, be APPROVED on the grounds that the proposed detached garage in the front yard and the maximum height of 4.2 metres are minor variances 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 these variances applies only to the proposed detached garage, as generally sited and outlined on the applicant's amended submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 28, 2011 or this decision shall become null and void. CARRIED UNANIMOUSLY 4 I Committee of Adjustment Meeting Minutes CCtc~ o~ ICI Wednesday, September 30 2009 7:00 pm PIr Main Committee Room (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Eric Newton That the 13th meeting of 2009 the Committee of Adjustment be adjourned at 7:36 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 21,, 2009. CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer 5