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HomeMy WebLinkAboutJuly 21, 2010 Committee of Adjustment Meeting Minutes Wednesday, July 21, 2010 7:00 pm RNG 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, July 21, 2010 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilkinson That the minutes of the 8th meeting of the Committee of Adjustment held Wednesday, June 9, 2010 be adopted as amended. CARRIED UNANIMOUSLY 1. Committee of Adjustment. Meeting Minutes Wednesday, July 21, 2010 7:00 pm Main Committee Room (III) REPORTS 1. (Deferred from the May 19, 2010 Meeting) 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 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. Applicant was not present to represent the application. The applicant had advised City staff they would be out of town and requested a further deferral. 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 15/10 by R. Martin, be Deferred to the September 1, 2010 meeting as the applicant requested the application be further deferred because they were not able to attend the July 21, 2010 to represent the application. CARRIED UNANIMOUSLY 2 Cif 11 - Committee of Adjustment X41 AAa, Meeting Minutes e° Wednesday, July 21, 2010 7:00 pm .P.I.EXEMNG Main Committee Room 2. (Tabled from the June 9, 2010 meeting) P/CA 19/10 - S. & K. Alexander 476 Toynevale Road (Lot 118, Plan 350) City of Pickering Moved by Eric Newton Seconded by Keith Wilkinson That revised application P/CA 19/10 by S. & K. Alexander, be lifted from the table. CARRIED UNANIMOUSLY The applicant requests relief from Zoning By-law 2511 to permit a rear yard depth of 4.4 metres to an existing detached .dwelling, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to permit the creation of two lots through a Land Division Application with the Region of Durham. 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 comments for the grading and servicing will be addressed through the land division application process. Written comments were also received from the Toronto and Region Conservation Authority indicating TRCA will look to secure and protect lands subject to the Petticoat Creek Valleylands and designated Environmentally Significant Area through the land division application process. David Stevenson, 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 Eric Newton That the revised application P/CA 19/10 by S. & K. Alexander, be Approved on the grounds that the rear yard depth of 4.4 metres to an existing detached dwelling 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: 3 Cif o¢~ - Committee of Adjustment Aila, Meeting Minutes Wednesday, July 21, 2010 7:00 pm - Main Committee Room 1. That these variances apply only to the existing building, as generally sited and outlined on the applicant's revised submitted plans with this application. 2. That the applicant submits a registered reference plan as part of a future land severance application outlining the dimensions of the existing dwelling and proposed new lot. 3. That the applicant obtains final clearance for land severance application LD 58/10 or this decision shall become null and void. CARRIED UNANIMOUSLY 3. P/CA 20/10 - K. Bullick 1441 Rougemount Drive (Part Lot 28, Plan 228) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912/88 to permit an existing lot frontage of 15.0 metres and side yard widths of 1.5 metres to a proposed dwelling, whereas the by-law requires a minimum lot frontage of 18.0 metres and minimum side yard widths of 1.8 metres. 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 and the tree preservation and grading will be reviewed with the building permit. Written comments were also received from the Toronto and Region Conservation Authority indicating no objection to the application. Igor Cot, 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 20/10 by K. Bullick, be Approved on the grounds that the existing lot frontage of 15.0 metres and two side yard widths of 1.5 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; 4 Cif o¢~ - Committee of Adjustment Meeting Minutes Wednesday, July 21, 2010 PEXERING 7:00 pm Main Committee Room 1. That these variances applies only to the 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 July 20, 2012 or this decision shall become null and void. CARRIED UNANIMOUSLY 4. P/CA 21/10 - Grand Communities (Altona) Corp 1870 Altona Road (Part of Block 69, Plan 40M-1700 and Part Lot 33, Concession 1 Part 3,.40R12948) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4366/93 and 5537199 to permit the construction of forty-three townhouse units and a mixed-use commercial building including four above grade apartment units on the subject property. The applicant has request relief from the zoning by-law for gross leasable floor area, parking and aisles in the "OS-A" Zone, building .height, side yard depth, dwelling type definitions, parking aisle width and visitor parking. The specific relief is shown in the first column in the table below, whereas the by-law requires minimum and/or maximum zoning requirements or specific definitions to be met as shown in the second column in the table below. By-law Requirement Relief A lied For minimum gross leasable floor area of to permit a minimum of 660 square 940 square metres metres of gross leasable floor area maximum of 15 parking spaces in the to permit 17 parking spaces in the OS-A OS-A zone zone landscape open space shall mean to permit a parking space, parking aisle, open and unobstructed space on a driveway or ramp within landscape lot, which is suitable and used for the open space areas growth and maintenance of grass, flower, bushes, shrubs, or other landscape plants and may include any surface walk, uncovered patio or similar space but does -not include any portion of a parking space, parking aisle, driveway or ram 5 Citq oo Committee of Adjustment Meeting Minutes Wednesday, July 21, 2010 PICKERING 7:00 pm Main Committee Room By-law Requirement Relief Applied For minimum height requirement of to permit a minimum building height of 12.0 metres in the area cross 4.2 metres hatched on the by-law minimum height requirement of to permit a minimum building height of 9.0 metres in the area hatched on the 8.0 metres in the hatched area by-law minimum south yard depth of 7.5 to permit a south yard depth of 6.0 metres metres multiple dwelling - horizontal shall to permit multiple dwelling - horizontal mean a building containing three or dwellings to be attached vertically within more dwelling units attached multiple dwelling - horizontal units horizontally, not vertically, by an above grade wall or walls multiple dwelling - vertical shall to permit multiple dwelling - vertical mean a building containing four or dwellings to have individual access more dwelling units attached provided to each unit and no access horizontally or vertically, each unit from a common entrances having access from an internal corridor system connecting within at least one common entrance from outside the building for each multiple dwelling - horizontal to permit two parking spaces to be unit there shall be provided on the located side by side within a private lands one parking space located garage for each multiple dwelling between the vehicular entrance of horizontal unit the private garage and the nearest traffic aisle, or public road minimum 6.5 metres aisle width for to permit a minimum aisle width of two way internal traffic routes 6.25 metres for two way internal traffic routes minimum 5 residential parking to permit 5 residential parking spaces spaces to be provided below grade and 5 visitor parking spaces for the and 1 visitor parking to be provided at multiple dwelling - vertical units to be at or below grade for multiple dwelling - grade and partially off-site vertical on-site The applicant requests approval of these variances in order to obtain site plan approval and building permits. 6 crtq oo - Committee of Adjustment AL A~ Meeting Minutes Wednesday, July 21, 2010 7:00 pm Main Committee Room The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending the application be tabled to allow time to evaluate the revised site plan. Written comments were also received from the Toronto and Region Conservation Authority indicating no objection with the application subject to the owner obtaining a permit from TRCA. Tony Volpentesta, agent, was present to represent the application. No further representation was made in favour of or in objection to the application. In response to a question from a Committee Member, the Secretary-Treasurer indicated the application needs to be further evaluated by City staff and the Site Plan Committee prior to the matter coming back to the Committee of Adjustment hearing the application. Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 21/10 by Grand Communities (Altona) Corp., be Tabled to allow time to evaluate the revised site plan as the owners have modified certain elements of the development proposal that may impact on the variances requested. CARRIED UNANIMOUSLY 5. P/CA 22/10 - M. & J. McLellan 1989 Valley Farm Road (North Part Lot 20, Concession 1, Part 1-3, 40R-5364) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2702/88 to permit the parking of two commercial vehicles with the length of 7.8 metres and a height of 3.0 metres and 3.2 metres in the front yard, 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 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 refusal. Written comments were received from the City's Development Control Manager indicating there is 7 Committee of Adjustment Meeting Minutes Wednesday, July 21, 2010 7:00 pm Main Committee Room no affect to the City road allowance therefore no comments. Written comments were received from the City's Economic Development Officer indicating giving the retention of the residential function of the property and the apparent lack of any concerns from the neighbouring properties there is no reason to deny the variance. Written comments were also received from the Toronto and Region Conservation Authority. indicating no objections to the application. In response to a question from a Committee Member the Secretary-Treasurer explained the zoning in the surrounding area. John McLellan, owner, was present to represent the application. Roger & Sallie Ali-of 1988 Valley Farm Road and Nicole Francis'of 1992 Valley Farm Road were present in objection to the application. John McLellan explained the trucks run on natural gas and there is no commercial natural gas refueling station anywhere in Durham Region. In response to a question from a Committee Member, John McLellan indicated the business has outgrown the subject property years ago and the business has now been relocated to North Pickering. The building on the subject property will not be used as an office, trucks will be dropped off at night to refuel and picked up the next morning. Roger Ali expressed concerns with the subject property is being used as commercial not residential, increased truck traffic, safety of children in the surrounding neighourhood, noise pollution and the decrease in property values. Nicole Francis also expressed concerns with the subject property is being used as commercial not residential, increased truck traffic, safety of children, noise pollution and the decrease in property values due to the large trucks act as billboards for the business. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 22/10 by M. & J. McLellan, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. CARRIED UNANIMOUSLY 8 Cif o¢~ - Committee of Adjustment Meeting Minutes Wednesday, July 21, 2010 7:00 pm Main Committee Room 6. P/CA 23/10 - J. Carter & P. Heynen 716 Hillview Crescent (Plan 331 South Part Lot 124, North Part Lot 125, 40R-7685, Part 2) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a lot coverage of 50 percent and a rear yard depth of 3.9 metres to a proposed deck, whereas the by-law permits a.maximum lot coverage of 33 percent and requires a minimum rear yard depth of 7.5 metres. 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. John McLellan, 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 23/10 by J. Carter & P. Heynen, be Approved on the grounds that the lot coverage of 50 percent and a rear yard depth of 3.9 metres to a proposed 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 applies only to the proposed 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 by July 20, 2012 or this decision shall become null and void. CARRIED UNANIMOUSLY 9 city o¢~ _ Committee of Adjustment Meeting Minutes E. i Wednesday, July 21, 2010 7:00 pm Main Committee Room (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Keith Wilkinson That the 10th meeting of 2010 the Committee of Adjustment be adjourned at 7:40 pm and the next meeting of the Committee of Adjustment be held on Wednesday, August 11, 2010. CARRIED UNANIMOUSLY Date J Char, J7 Assis ant Secretary-Treasurer I 10