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HomeMy WebLinkAboutSeptember 22, 2010 Cif o¢~ Committee of Adjustment Meeting Minutes Wednesday, September 22, 2010 7:00 pm Main Committee Room PRESENT: Kevin Ashe RECEIVED David Johnson - Chair CITY OF PICKERING Susan Kular Eric Newton - Vice-Chair OCT 1.5 2010 ALSO PRESENT: CLERK'S DIVISION Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Keith Wilkinson (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Susan Kular That the agenda for the Wednesday, September 22, 2010 meeting be adopted. CARRIED UNANIMOUSLY (11) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Susan Kular That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday, September 1, 2010 be adopted as amended. CARRIED UNANIMOUSLY 1 Ci 19, _ Committee of Adjustment Meeting Minutes Wednesday, September 22, 2010 P.CXE 7:00 pm Main Committee Room (III) REPORTS 1. P/CA 30/10 - D. Rinneard 5034 Wixson Street (Lot 6, South Part Lot 7, 8, Plan 12) City of Pickering The applicant requests relief from Zoning By-law 3037 to permit a detached garage partially located within a side yard, to permit a front yard depth of 5.8 metres to ,the existing dwelling and to permit a front yard porch encroachment of 1.8 metres, whereas the by-law requires accessory structures to be located in the rear yard, a minimum front yard depth of 9.0 metres and a maximum front yard encroachment of 1.5 metres. The applicant requests approval of this variance in order to obtain zoning compliance and a building permit to renovate and extend the existing detached garage. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from Councillor Rick Johnson in support of the application. Written comments were also received from the Durham Region Health Department expressing no objection to the application however once the permit application is received it will be assessed for compliance with the 2006 Ontario Building Code. Duff R•inneard, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Duff Rinneard explained the application and submitted a letter of support from Chris Kellar of 5022 Wixson Street. Moved by Eric Newton Seconded by Susan Kular That application P/CA 30/10 by D. Rinneard, be Approved on the grounds that the existing detached accessory building partially located in the side yard, a front yard depth of 5.8 metres to an existing dwelling, and an existing 1.8 metre porch encroachment into a front yard 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: 2 Citq oo Committee of Adjustment Meeting Minutes F~ Wednesday, September 22, 2010 PIK~4_10RNG 7:00 pm Main Committee Room 1. That these variances apply only to the existing structures, 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 21, 2012 or this decision shall become null and void. CARRIED UNANIMOUSLY 2. P/CA 31/10 - 1262847 Ontario Ltd. 3260 3280 Highway 7 (Part of Lot 3, Concession 6) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law 2623/87 to recognize as a permitted use an existing 375 square metre vehicle repair shop (Meineke Car Care Centre) within a portion of an existing building and to permit the remaining portion (655 square metres) to. be used for a foam insulation establishment with accessory indoor storage, whereas the by-law only permits a vehicle sales or rental establishment as a permitted use. 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 for the existing repair shop subject to conditions and refusal for the proposed foam insulation establishment. Written comments were received from Councillor Rick Johnson in support of the application. Written comments were received from the Durham Region Health Department expressing no objection with the application. Written comments were also received from Central Lake Ontario Conservation Authority expressing no objection to the application and noted the owner/applicant be advised that prior to any development on the site within regulated areas, written permission from the Authority is required. David Grant, owner, Grant Morris, agent, were present to represent the application. Kevin Wright of 3260 Hwy 7 and Phillip Ayliffe of 3280 Hwy 7 were present in favour of the application. David Grant explained the insulation company is a community oriented company, will be an economic benefit to the area, will function similar to a flooring and carpet use, will have a showroom, eco-friendly and will improve the subject property. 3 Cttq o¢~ Committee of Adjustment Meeting Minutes Wednesday, September 22, 2010 7:00 pm Main Committee Room Grant Morris provided his opinion that the Committee has the ability to approve the requested variances, provided an explanation of the operation of the business, and the application meets all the tests of the Planning Act. In response to a question from a Committee Member, Grant Morris noted the Committee has already added a carpet use on the subject property and the requested variance is very similar. Moved by Kevin Ashe Seconded by Susan Kular That application P/CA 31/10 by 1262847 Ontario Ltd., be Approved on the grounds that the existing 375 square metre vehicle repair shop 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 eastern section of the west building (3260 Highway 7), as generally sited and outlined on the applicant's submitted plans with this application. 2. That only one vehicle repair shop (as a principle use) is permitted on the subject property. CARRIED UNANIMOUSLY Moved by Kevin Ashe Seconded by Susan Kular That application P/CA 31/10 by 1262847 Ontario Ltd., be Approved on the grounds that the proposed foam insulation establishment with accessory indoor storage 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 condition: 1. That the owner submits an application to the City of Pickering to amend the zoning by-law for the subject property within two years from the date of the decision or this decision shall become null and void. MOTION LOST 4 Citqoo _ Committee of Adjustment Meeting Minutes i Wednesday, September 22, 2010 jJT 7:00 pm 1, 1 Main Committee Room Moved by David Johnson Seconded by Eric Newton That application P/CA 31/10, by 1262847 Ontario Ltd., be Deferred to the next meeting to conduct a site visit and to obtain additional information for the foam insulation establishment. MOTION LOST The Chair adjourned for an in-camera session. The Committee adjourned at 7:45 pm. The Committee reconvened at 7:50 pm. Moved by David Johnson Seconded by Eric Newton That application P/CA 31/10 by 1262847 Ontario Ltd be moved to the last item on the agenda. CARRIED UNANIMOUSLY The Committee resumed discussion on P/CA 31/10 at 8:30 pm. In response to a question from a Committee Member, David Grant provided a detailed explanation of the functionality of the foam insulation establishment. Moved by Eric Newton Seconded by Susan Kular That application P/CA 31/10 by 1262847 Ontario Ltd., be Approved on the grounds that the proposed foam insulation establishment with accessory indoor storage 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 the approval of this variance be for a two year period from the date of this decision and on September 24, 2012 this decision shall become null and void and that the owner submit an application to amend the zoning by-law for the subject property. 2. That a minimum of 20 percent of the gross leasable floor area of the insulation establishment be for retail/showroom purposes. CARRIED UNANIMOUSLY 5 o¢~ - Committee of Adjustment JLA~ Meeting Minutes n Wednesday, September 22, 2010 7:00 pm Main Committee Room 3. P/CA 32/10 - R. & N. Armstrong 1434 Rougemount Drive (Part of Lot 17, Plan 228, Part 3, 40R-16847) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912/88 to permit a proposed attached private garage to extend a maximum of 9.6 metres beyond the front wall of an existing dwelling, whereas the by-law does not permit any attached private garage to extend more than 2.0 metres beyond the front wall of the dwelling. 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 also received from Gino Hamparian of 1432 Rougemount Drive in objection to the application. Correspondence received from Gino Hamparian expressed several concerns with the size and orientation of the proposed garage, the location of the garage will be blocking two large windows of a home office, it is not in keeping with the previously established architecture of the street and will have a negative impact on his property. Robert Armstrong, owner, was present to represent the application. Gino Hamparian of 1432 Rougemount Drive was present in objection to the application. Robert Armstrong explained the proposed garage will be in character with the surrounding neighbourhood and blend with the existing dwelling.. In response to a question from a Committee Member Gino Hamparian indicated to the Committee were the two windows are on his property that would be blocked by the proposed garage. Moved by Eric Newton Seconded by Susan Kular That application P/CA 32/10 by R. & N. Armstrong, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. CARRIED UNANIMOUSLY 6 Committee of Adjustment City Meeting Minutes e,- Wednesday, September 22, 2010 P1 7:00 pm Main Committee Room 4. P/CA 33/10 - T. & S. O'Gorman 537 Mountain Ash Drive (Lot 47 Plan 40M-1866) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit two accessory structures located within a side yard, whereas the by-law requires accessory structures to be located in the rear yard. The applicant requests approval of this variance in order to construct two small sheds adjacent to the side wall of the house. 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 Supervisor, Building Permits expressing the accessory structures will require a building permit if attached to the main dwelling or if greater than 10 square metres in area. Written comments were also received from the City's Development Control Manager expressing the relief requested should not be permitted as the proposed accessory structures would be located within a storm sewer easement. Shaun & Teresa O'Gorman, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Shaun O'Gorman explained the application and noted they are aware the accessory buildings should be on a moveable platform. In response to a question from a Committee Member the Secretary-Treasurer explained the comments received from the City's Supervisor, Building Permits and highly recommend the accessory buildings be built'on a moveable platform. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 33/10 by T. & S. O'Gorman, be Approved on the grounds that the proposed accessory buildings located in the 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 condition: 7 I ~itq o¢ Committee of Adjustment Aga, Meeting Minutes - Wednesday, September 22, 2010 7:00 pm PIM.~~RNG Main Committee Room 1. That this variance applies only to the proposed structures, as generally sited and outlined on the applicant's plans submitted with this application. CARRIED UNANIMOUSLY 5. P/CA 34/10 - G. & A. Lomer 179 Thicket Crescent (Lot 54, Plan 40M-1778) City of Pickering The applicants request relief from Zoning By-law 3036, as amended by By-law 4271/93 to permit a 0.3 metre side yard width to an existing gazebo and 0.5 metre side yard width to an existing shed, whereas the by-law requires a minimum side yard width of 1.0 metre for all accessory structures. The applicants request 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 Councillor Rick Johnson in support of the application. Eleven form letters were also received from surrounding neighbours indicating no objections to the structures located in the rear yard of the subject property. Gord & Anita Lomer, owners, were present to represent the application. Melissa Hillier of 1726 Ada Court and Jeff Lomer of 177 Whilshire Drive were present in support of the application and both indicated the property is well maintained, provides additional privacy and enhances the neighbourhood. Steve & Wanda Trandovski of 177 Thicket Crescent were present in objection to the application. Gord & Anita Lomer explained the application and provided four additional support form letters from surrounding neighbours and also provided pictures for the Committee to review. Steve & Wanda Trandovski expressed concerns that the gazebo roof and the shed are too close to the fence, and that the resulting roof drainage will land in their yard. 8 Committee of Adjustment - Meeting Minutes i Wednesday, September 22, 2010 PICKEWNG 7:00 pm Main Committee Room Moved by Kevin Ashe Seconded by Susan Kular That application P/CA 34/10 by G. & A. Lomer, be Approved on the grounds that the 0.3 metre and 0.5 metre side yard width to an existing rear yard gazebo and 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 existing gazebo and shed, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant provides a gutter and ensures that rainwater runoff from the gazebo and shed roof is contained on the subject property. 3. That the applicant contacts the Planning & Development Department to arrange for an inspection of the gazebo and to confirm that the requirements of condition 2 have been satisfied by March 22, 2011 or this decision shall become null and void. CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Susan Kular Seconded by Eric Newton That the 13th meeting of 2010 the Committee of Adjustment be adjourned at 8:45 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 13, 2010. CARRIED UNANIMOUSLY C/ Date -T Chair 109 Assistant Secretary-Treasurer 9