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HomeMy WebLinkAboutDecember 2, 2009 Committee of Adjustment Meeting Minutes CCtd o~ Wednesday, December 2, 2009 7:02 pm PICKERING 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: i Susan Kular (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, December 2, 2009 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 151" meeting of the Committee of Adjustment held Wednesday, November 11, 2009 be adopted as amended. CARRIED UNANIMOUSLY 1 Committee of Adjustment City Meeting Minutes o~ 11 Wednesday, December 2, 2009 a i 7:02 pm PI Main Committee Room (III) REPORTS 1. (Deferred from the November 11, 2009 meeting) P/CA 49/09 - E. Hudson 1404 Rougemount Drive (Part Lot 19, Plan 228, Part 1, 40R-15517) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912/88 to permit side yard widths of 1.5 metres to a proposed dwelling and a proposed attached private garage to extend 12.4 metres beyond the front wall of the.dwelling, whereas the by-law requires a minimum side yard width of 1.8 metres and an attached private garage to extend no more than 2.0 metres beyond the front wall of the dwelling to which it is attached. The applicant requests approval of these variances in order to obtain a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. -Written comments were also received from Penny & Josiv Stevanovski of 336 Fiddlers Court and Barbara Nolan of 1396 Rougemount Drive in support of the application. Gillian Hudson, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Gillian Hudson noted there are other dwellings in the neighbourhood with similar garage locations, the zoning by-law for the property to the north has a side yard width of 1.5 metres and feels this is a minor variance not a major variance. Gillian Hudson also indicated the applicant has moved the location of the proposed dwelling back so it is in line with the surrounding homes. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 49/09 by E. Hudson, be APPROVED on the grounds that the side yard widths of 1.5 metres, and an attached private garage to extend 12.4 metres beyond the front wall of the dwelling to which it is attached are minor variances that are 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: 2 Committee of Adjustment CCtct Meeting Minutes o~ iii AALIl Wednesday, December 2, 2009 7:02 pm I Main Committee Room 1. That these variances applies only to the detached dwelling, as generally sited and outlined on the applicant's revised submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by December 2, 2011 or this decision shall become null and void'. CARRIED UNANIMOUSLY 2. (Tabled at the November 11, 2009 meeting) P/CA 53/09 & P/CA 54/09 - Whit Developments Inc. 1594 Valley Ridge Crescent, 1596 Valley Ridge Crescent (Lot 7, Plan 410, Part 3 & Part 4, 40R-24799) City of Pickering Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 53/09 & P/CA 54/09 by Whit Developments Inc., be lifted from the table. CARRIED UNANIMOUSLY The applicant requests relief from Zoning By-law 3036 to permit two new detached dwellings having a front yard depth of 6.1 metres and a maximum lot coverage of 39 percent (1594 Valley Ridge Crescent) and 38 percent (1596 Valley Ridge Crescent), whereas the by-law requires a minimum front yard depth of 7.5 metres and a maximum lot coverage of 33 percent. The applicant requests approval of these variances in order to obtain building permits. 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 of these variances should not be considered until a revised Landscape Plan is submitted. Written comments were also received from Councillor Rick Johnson in support of the application. Fred Nicolucci, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 3 Committee of Adjustment Citq 00 Meeting Minutes Wednesday, December 2, 2009 7:02 pm PI Main Committee Room Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 53/09 & P/CA 54/09 by Whit Developments Inc., be APPROVED on the grounds that the front yard depth of 6.1 metres and a maximum lot coverage of 39 percent (1594 Valley Ridge Crescent) and 38 percent (1596 Valley Ridge Crescent), 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 detached dwellings, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the owner submits, and receives approval from the Planning & Development Department of a revised landscape plan for the proposed lots. 3. That the applicant obtains a building permit for the proposed construction by December 2, 2011 or this decision shall become null and void. CARRIED UNANIMOUSLY 3. P/CA 09/09 - Word of Truth Christian Centre 1527 Bayly Street (Part of Lot 20, Range 3 BFC, Part 3, 40R-854 Part.3, 40R-20674) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-laws 5736/00 and 1091/80 to permit a minimum of 89 parking spaces for a place of religious assembly and to permit a south side yard parking width of 0.2 metres from the side lot line, whereas the by-law requires a minimum of 131 parking spaces and a minimum side yard parking width of 7.5 metres. The applicant requests approval of these variances in order to obtain Site Plan Approval. 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 Office of Sustainability, Economic Development Officer in support of the application. 4 Committee of Adjustment Meeting Minutes City O~ - Wednesday, December 2, 2009 7:02 pm PI Main Committee Room Control Manager expressing no concerns. Written comments were also received from the City's Office of Sustainability, Economic Development Officer in support of the application. David McAuley, agent, and Joseph Fisher, owner, were 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 P/CA 09/09 by Word of Truth Christian Centre, be APPROVED on the grounds that the 89 parking. spaces for a place of religious assembly and a south side yard parking width of 0.2 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 conditions: 1. That these variances apply only to the proposed parking lot, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant removes the existing sheds on the south side of the property. 3. That the applicant obtains Site Plan Approval for the proposed development by December 2, 2011, or this decision shall become null and void. CARRIED UNANIMOUSLY 4. P/CA 57/09 & P/CA 58/09 - J. Muccillo 1435 Rosebank Road (Lot 18, Plan 473) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a 0.9 metre south side yard width to an existing dwelling and to permit a proposed lot frontage of 14.0 metres with a north side yard width of 1.2 and a south side yard width of ,0.9 metres to a future lot, whereas the by-law requires a minimum lot frontage of 15.0 metres and a minimum side yard width of 1.5 metres. The applicant requests approval of these variances in order to permit the creation of two lots by means of a future application with the Region of Durham. 5 Committee of Adjustment Meeting Minutes Citq ICI Wednesday, December 2, 2009 p} SCL~A H' _ ' I I 7:02 pm PI Main Committee Room The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions.and refusal for the future north and south side yard widths. Written comments were also received from the City's Development Control Manager expressing no concerns. Written comments were also received from the City's Chief Building Official not recommending approval. If the variance is approved as proposed the existing building to be demolished or the existing building to be altered to permanently remove all unprotected openings on the south elevation, and a 45 minute fire resistance rating provided prior to any development on the newly created parcel. Kevin Washington, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Kevin Washington explained application and has no problem in addressing all the unprotected openings on the south elevation. In response to a question from a Committee Member the Secretary-Treasurer explained the building code requirements for the unprotected openings on the south elevation. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 57/09 & P/CA 58/09 by J. Muccillo, be DEFERRED until the next meeting in order to give the applicant time to discuss possible options with City staff, and to allow the Committee Members an opportunity to visit the site. CARRIED UNANIMOUSLY 6 Committee of Adjustment Meeting Minutes City o~ Wednesday, December 2, 2009 Lilt :J~'£®T3 'I 7:02 pm PIf Main Committee Room 5. P/CA 59/09 - Seongmin Park _ 1703 - 1707 Central Street (Lot 1 & 2, Plan 12) City of Pickering The applicant requests relief from the following provision of Zoning By-law 3037, to permit 2 residential dwelling units as permitted uses in the proposed redevelopment, whereas the by-law does not permit residential dwelling units in a commercial zone; to permit a front yard depth of 10.9 metres from the central line of Brock Road, whereas the by-law requires a minimum front yard depth of 19.5 metres from centre line of Brock Road; to permit a parking area setback of 0.0 metres from a road allowance, whereas the by-law requires the minimum parking area setback of 3.0 metres; to permit a side yard parking width of 0.9 metres, whereas the by-law requires minimum side yard parking width of 7.5 metres; to permit a rear yard depth of 5.7 metres, whereas the by-law requires a rear yard depth of 7.5 metres; to permit a side yard width of 3.5 metres, whereas the by-law requires a minimum side yard width of 7.5 metres; to permit a flankage side yard width of 0.4 metres, whereas the by-law requires a minimum flankage side yard width of 18.0 metres; to permit a lot coverage of 48 percent, whereas the by-law permits a maximum lot coverage of 33 percent; to permit a landscape open area of 38 percent, whereas the by-law requires a minimum landscape open area of 50 percent and to permit 3 parking spaces for the proposed development, whereas the by-law requires a minimum parking of 11 for the proposed development. The applicant requests approval of these variances in order to obtain site plan approval and building permits for the proposed commercial redevelopment that was destroyed by fire. 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 the City's Office of Sustainability, Economic Development Officer and Councillor Rick Johnson both in support of the application. Written comments were received from John and Gordana Breen of 4993 Old Brock Road in opposition of the application. Written comments were received from Harper Forbes and Laurie Wilson-Forbes of 1711 Central Street in support of the application with an exception to the location of the recycling bin. 7 Committee of Adjustment Ccfl1 Meeting Minutes Wednesday, December 2, 2009 7:02 pm I Main Committee Room Written comments were also received from Durham Region, Senior Public Health Inspector unable to comment until the owner/applicant provides the total daily sewage flow and a site plan showing the location of all structures, well(s) and private sewage disposal envelopes. Correspondence received from John and Gordana Breen the abutting property owners expressed several concerns with the application and requested conditions of'approval be considered related to their structure. John and 'Gordana Breen expressed several concerns at the meeting regarding the parking space on the south side of the building being used for commercial use and the location being next to their house and would like the parking space gated to prevent loitering, the location of the recycling bin, and lights installed for safety. Correspondence received from Harper Forbes and Laurie Wilson Forbes indicate the variances are acceptable and are in support of the application however has a concern with the location of the recycling bin and would like to see the proposed recycling bin moved to another area on the property. John Owen, agent, was present to represent the application. Don Bennett of 5258 Old Brock Road was present in favour of the application. John and Gordana Breen of 4993 Old Brock Road were present in objection to the application. John Owen provided a Site Plan, for the Committee to review, of the subject property and indicated they are incorporating many features of the original building, a chart was handed out to the Committee Members outlining the requested variances, and submitted a petition signed by approximately 548 residents in support of the application. In response to questions and concerns, John Owen indicated that he will be in contact with John and Gordana Breen to address some of their concerns. Don Bennett indicated the redevelopment will be in character with the surrounding neighbourhood however has a concern with the parking space on the south side of the building used for commercial use. 8 Committee of Adjustment Meeting Minutes City o~ Tall. Wednesday, December 2, 2009 7:02 pm Main Committee Room P Moved by Kevin Ashe Seconded by Eric Newton That application. P/CA 59/09 by Seongmin Park, be APPROVED on the grounds that the request to permit 2 residential dwelling units in a commercial zone, a front yard depth of 10.9 metres from the centre line of Brock Road, a parking area setback of 0.0 metres, a side yard parking width of 0.9 metres, a rear yard depth of 5.7 metres, a side yard width of 3.5 metres, a flankage side yard width of 0.4 metres, a maximum lot coverage of 48 percent, a minimum landscape open area of 38 percent and to provide 3 parking spaces are minor variances that are desirable for the appropriate redevelopment 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 commercial development, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains site plan approval and building permits for the proposed commercial development by December 2, 2011, or this decision shall become null and void. CARRIED UNANIMOUSLY 6. P/CA 60/09 to P/CA 71/09 - Grossi Group Development Inc. 361 Chickadee Court (Block 18, Plan 40M-1827) City of Pickering The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4645/95, to permit the proposed townhouse lots and semi-detached lots which do not front on an opened public street maintained at public expense thereby provide a lot frontage of 0.0 metres, whereas the by-law states that no person shall erect or use any building or structure on a lot which does not front on an open public street maintained at public expense, and requires a minimum lot frontage of 7.5 metres for semi-detached dwellings and 6.0 metres for townhouse dwellings; to permit a minimum two-way traffic aisle width of 6.0 metres, whereas the by-law requires a minimum two-way traffic aisle width of 6.5'metres; to permit the proposed townhouse lots with a minimum unit width of 5.4 metres, whereas the by-law requires a minimum unit width of 9 Committee of Adjustment Meeting Minutes City o~ AL A~ Wednesday, December 2, 2009 7:02 pm PMain Committee Room 6.0 metres; to permit a minimum front yard depth of 5.8 metres for a private garage, whereas the by-law requires a minimum 6.0 metre front yard depth from a private garage; to permit the proposed townhouse lots (Parts 2, 3, 4, 9, 10 and 11) with a minimum lot area of 140 square metres, whereas the by-law requires a minimum lot area of 180 square metres; and to permit the proposed townhouse (Parts 2, 3, 4, 9, 10 and 11) with a maximum lot coverage of 50 percent, whereas the by-law requires a maximum lot coverage of 40 percent. The applicant requests approval of this variance in order to obtain site plan approval and building permits for the proposed of 10 townhouse dwelling units and 2 semi-detached dwelling units on the subject property. 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 Toronto and Region Conservation Authority indicating they will submit comments at the site plan review stage. Frank Grossi, owner, was present to represent the application. Walter Dawyd of 363 Chickadee Court was present in favour of the application. Walter Dawyd is in full support of the application and indicted the proposed development is in character with the surrounding neighbourhood.. Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 60/09 to P/CA 71/09 by Grossi Group Development Inc., be APPROVED on the grounds that the proposed townhouse and semi-detached lots, which do not front on an open public street maintained at public expense and therefore provide a minimum lot frontage of 0.0 metres, a minimum two-way traffic aisle width of 6.0 metres, townhouse lots with a minimum unit width of 5.4 metres, a minimum front yard depth of 5.8 metres for a private garage, a minimum lot area of 140 square metres and a maximum lot coverage of 50 percent 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 development, as generally sited and outlined on the applicant's submitted plans with this application. 10 Committee of Adjustment Cctcj Meeting Minutes o~ Wednesday, December 2, 2009 7:02 pm PX-yE/-U Main Committee Room 2. That the applicant obtains site plan approval and building permits for the proposed construction by December 2, 2012 or this decision shall become null and void. CARRIED UNANIMOUSLY (IV) OTHER BUSINESS 1. Appointment of Chairperson Moved by Kevin Ashe Seconded by Keith Wilkinson That David Johnson be appointed as Chairperson for a 1 year term. CARRIED UNANIMOUSLY 2. Appointment of Vice Chairperson Moved by Kevin Ashe Seconded by Keith Wilkinson That Eric Newton be appointed as Vice Chairperson for a 1 year term. CARRIED UNANIMOUSLY 3. Adoption of the 2010 Meeting Schedule Moved by Kevin Ashe Seconded by Keith Wilkinson That the Committee of Adjustment Meeting Schedule for 2010 be adopted. CARRIED UNANIMOUSLY 11 Committee of Adjustment Meeting Minutes Citq oo iii Wednesday, December 2, 2009 7:02 pm Pl(.'~~ERING Main Committee Room (V) ADJOURNMENT Moved by Eric Newton Seconded by Keith Wilkinson That the 16th meeting of 2009 the Committee of Adjustment be adjourned at 8:15 pm and the next meeting of the Committee of Adjustment be held on Wednesday, January 13, 2010. CARRIED UNANIMOUSLY Date L Chair`, Assistant Secretary-Treasurer 12