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HomeMy WebLinkAboutMay 19, 2010 City o~ Committee of Adjustment Meeting Minutes Wednesday, May 19, 2010 PICKERING 7:00 pm 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, May 19, 2010 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 6th meeting of the Committee of Adjustment held Wednesday, April 28, 2010 be adopted as amended. CARRIED UNANIMOUSLY 1 City oo _ Committee of Adjustment Meeting Minutes Wednesday, May 19, 2010 I 7:00 pm Main Committee Room (III) REPORTS 1. Keith Wilkinson declared a conflict of interest with respect to P/CA 10/10, Wintser Investments Limited, as he has a personal relationship with the owners. Keith Wilkinson did not take part in the discussion or vote on the matter. (Deferred, from the April 28, 2010 meeting) P/CA 10/10 - Wintser Investments Limited 415 Toynevale Road (Part Lot 64, 65, 66, Plan 350, Part 1, 40R-19738) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 1399/81 to permit a side yard width of 3.9 metres to the proposed addition of the existing building (Blaisdale Montessori School) and to eliminate the requirement for bus parking spaces on-site, whereas the by-law requires a minimum side yard width of 7.5 metres and 2 bus parking spaces on-site. The applicant requests approval of these variances in order to obtain site plan approval and a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. The Site Plan Committee is supportive of the proposed addition to the school as presented at the Site Plan Committee Meeting on February-24, 2010. Written comments were received from the City's Coordinator, City Development in support of the expansion of the existing private school. Written comments were also received from Robert & Teresa Bunting of 543 Lekani Court in objection to the application. Correspondence received from Robert & Teresa Bunting expressed several concerns such as loss of mature trees, the building being even closer to the property line which will encroach on their privacy and standard of living. Robert & Teresa Bunting also noted during the construction of the gymnasium that it was their understanding that landscaping was to be completed with trees and/or shrubs to help hide the building and this has not been done. Edgar and Eleanor Wilson and Laurence Wilson, owners, were present to represent the application. Robert and Teresa Bunting of 543 Lekani Court, Brad Bell of 539 Lekani Court, Martin Kaefer of 545 Lekani Court and Councillor Jennifer O'Connell were present in objection to the application. 2 Committee of Adjustment Meeting Minutes Wednesday, May 19, 2010 7:00 pm Main Committee Room Eleanor Wilson explained the application that the stage is only for the children. In response to concerns from surrounding neighbours Eleanor Wilson indicated that they have no problem with replacing trees, are willing to paint a mural on the building to improve the view, they are unable to relocate the stage within the existing building and they have been asked to keep the back gate unlock. Robert Bunting indicated that after the construction of the gymnasium within approximately eight months four mature trees where lost and commented that it is very hard to replace large mature trees with young saplings, and outlined concerns with the proximity of the building to the lot line. Brad Bell provided a picture to the Committee Members showing graffiti on the school wall, commented on the proximity of the building to their lot line and questioned if the stage can be relocated. Martin Kaefer expressed several concerns with the loss of mature trees and added it is very hard to replace large mature trees with young saplings to provide a buffer to the subject property and the quality of life. Councillor Jennifer O'Connell indicated the proposed addition is too close to the property line, if the stage is necessary the owners should investigate internal changes to accommodate the stage elsewhere in the building, other schools in the community have large buffers and zoning setbacks around them and to date no trees have been replaced. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 10/10 by Wintser Investments Limited, be Approved on the grounds to eliminate the requirement for bus parking spaces on-site 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. and That the requested variance to permit a side yard width of 3.9 metres to the proposed addition of the existing building (Blaisdale Montessori School) be Refused on the grounds that it 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 Official Plan and the Zoning By-law. CARRIED UNANIMOUSLY 3 Committee of Adjustment Meeting Minutes - Wednesday, May 19, 2010 7:00 pm Main Committee Room 2. P/CA 13/10 - D. D'Antimo 1931 Glendale Drive (Lot 50, Plan 492) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a front yard depth of 6.5 metres to an existing enclosed porch and a side yard width of 0.5 metres to an existing shed, whereas the by-law requires a minimum front yard depth of 7.5 metres and minimum side yard width of 1.0 metres to an accessory building. The applicant requests approval of these variances 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 received from the City's Development Control Manager expressing no concerns. A neighbourhood form letter was also received with 14 signatures indicating no objections to the enclosed front porch. Greg Powless, agent, 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 Keith Wilkinson That application P/CA 13/10 by D. D'Antimo, be Approved on the grounds that the front yard depth of 6.5 metres to the existing enclosed porch and a side yard width of 0.5 metres to the 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 front yard depth of 6.5 metres to the existing enclosed porch and a side yard width of 0.5 metres to the existing shed, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the construction of the enclosed porch by November 19, 2010 or this decision shall become null and void. CARRIED UNANIMOUSLY 4 Cif o¢~ Committee of Adjustment ALA- Meeting Minutes Wednesday, May 19, 2010 I 7:00 pm Main Committee Room 3. P/CA 14/10 - J. & B. Allen 212 Cherrywood Avenue (Lot 12, Plan 592) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a commercial vehicle with a length of 12.0 metres to be parked in a flanking side yard, whereas the by-law permits one vehicle having a maximum vehicle length of 8.0 metres in a side yard. 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 received from the City's Development Control Manager expressing no concerns. Written comments were received from Region of Durham Health Department expressing no objections. A neighbourhood petition was also received with 11 signatures indicating no objections to the truck parking on the subject property. Written comments were also received from Mark Donnelly of 204 Davidson Street in objection to the application. John Allen, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Correspondence received from Mark Donnelly expressed that the tow truck is too big to turn into the driveway and as a result is chewing up the road shoulder opposite of the subject property, the tow truck is quite visible even a good kilometer away and the tow truck should be parked at the place of business because the yard should be big enough to accommodate their own vehicles. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 14/10 by J. & B. Allen, be Approved on the grounds that the commercial vehicle with a length of 12.0 metres to be parked in a flanking side 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: 5 o¢~ - Committee of Adjustment Meeting Minutes ~F Wednesday, May 19, 2010 7:00 pm FFMG Main Committee Room 1. That this variance applies only to the specified vehicle (the tow truck) that is 2.5 metres in width by 12.0 metres in length to be parked in the flanking side yard, as generally sited and outlined on the applicant's submitted plans with this application. 2. That this variance only applies to the owner of the property at the time of the Decision on the application and will become null and void when the ownership of the property is transferred. CARRIED Vote Kevin Ashe in favour David Johnson in favour Eric Newton in favour Keith Wilkinson opposed 4. P/CA 15/10 - R. Martin 1131 Ridgewood Court (Lot 52, 40M-1607) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2864/88 to permit the parking of a commercial vehicle 2.8 metres in height and 7.0 metres in length in the front yard and a parking space to encroach onto a road allowance, whereas the by-law permits a maximum vehicle height of 2.6 metres and a maximum vehicle length of 6.7 metres to be parked in a front yard, and no vehicle parking is to encroach onto any road allowance. 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. Written comments were received from the City's. Development Control Manager indicating the encroachment should not be approved as part of this variance application as the City must maintain the road allowance free of encroachments to protect the cities use of the road allowance and the utilities and services that are placed within it. A neighbourhood petition was also received with 20 signatures indicating no objections to the parking of the truck on the driveway on the subject property. 6 Committee of Adjustment Meeting Minutes 43 Tam T Wednesday, May 19, 2010 ~ ,~~I`.11 V 7:00 pm Main Committee Room Ricky Martin and Dawn Cutler, owners, were present to represent the application. Ed Cutler of 8 Commonwealth Avenue and Barb Roadknight of 1133 Ridgewood Court were present in favour of the application. James Morrow of 1130 Ridgewood was present in objection to the application. Ricky Martin and Dawn Cutler explained the driveway is large enough to park the truck and a car in front and it does not over hang over the curb, the height of the truck is not excessive and indicated the truck is only parked there at night and on the weekends. Ed Cutler explained there is a difference of 9 inches in height and 1 foot in length compared to the required zoning by-law requirements and feels that is not much bigger than what is permitted. Ed Cutler indicated there are cars parked on the City boulevard throughout the surrounding neighbourhood: Barb Roadknight indicated the driveway is very large and there is no problem accommodating a truck and indicated other cars in the surrounding neighbourhood that are parked in their driveways are parked on City property. James Morrow is concerned that the truck will overhang onto the road that would jeopardize the sightlines on the street and that this would allow the applicant to purchase a bigger truck. Moved by Kevin Ashe - Seconded by Keith Wilkinson That application P/CA 15/10 by R. Martin, be Deferred until the June 30, 2010 meeting in order to give the Committee Members an opportunity to visit the site. CARRIED UNANIMOUSLY 7 Citqoo Committee of Adjustment Meeting Minutes Wednesday, May 19, 2010 PIC-KE14NG 7:00 pm Main Committee Room (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Keith Wilkinson That the 7th meeting of 2010 the Committee of Adjustment be adjourned at 7:49 pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 9, 2010. CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer t 8