HomeMy WebLinkAboutApril 13, 2011• �TTiTTi �i - - � �_'
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Committee of Adjustment
Agenda
Wednesday, April 13, 2011
7:00 pm
Main Committee Room
(I)
(II)
Adoption of Agenda
Adoption of Minutes from March 23, 2011
(III) Reports
1. (Deferred at the March 2, 2011 meeting)
P/CA 10/11 — T. Kerr
1731 Spruce Mill Road
(Part Lot 30, Plan 820, Part 1, 40R-9425)
City of Pickering
2. P/CA 11/11 — N. Williams
1614 Burnside Drive
(Lot 10, 40M-1603)
City of Pickering
3. P/CA 12/11 — H. Kok
673 Front Road
(Part Lot 4, Bock E, Plan 65)
City of Pickering
(IV) Adjournment
Page Number
1-5
6-12
13-16
17-20
Accessible For information related to accessibility requirements please contact
+ Lesley Dunne
P I C K E F�� G T. 905.420.4660, extension 2024
TTY 905.420.1739
Email Idunne@cityofpickering.com
Pending Adoption
Present:
Tom Copeland
David Johnson
Bill Utton
Shirley Van Steen
Also Present:
Ross Pym, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Mila Yeung, Assistant Secretary-Treasurer
Absent:
Eric Newton
(I) Adoption of Aqenda
Moved by Bill Utton
Seconded by Shirley Van Steen
Committee of Adjustment
Meeting Minutes
Wednesday, March 23, 2011
7:00 pm � 1
Main Committee Room
That the agenda for the Wednesday, March 23, 2011 meeting be adopted.
Carried Unanimously
(II) Adoption of Minutes
Moved by Bill Utton
Seconded by Tom Copeland
That the minutes of the 3�d meeting of the Committee of Adjustment held
Wednesday, March 2, 2011 be adopted.
Carried
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(III) Reports
Committee of Adjustment
Meeting Minutes
Wednesday, March 23, 2011
7:00 pm
Main Committee Room
1. P/CA 07/11 & P/CA 08/11 — W. Jeschke
1449 Old Forest Road
(Part Lot 59, Lot 60, Plan 816, Part 1, 40R-7048
City of Pickering
The applicant requests relief from Zoning By-law 3036 to permit a lot frontage of
14.7 metres (P/CA 07/11) and a lot frontage of 14.8 metres (P/CA 08/11),
whereas the by-law requires a minimum lot frontage of 15.0 metres.
The applicant requests approval of these variances in order to finalize a land
severance application and 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 also received from the City's Development
Control Manager expressing no comments.
Wilhelm Jeschke, owner, and Joe Hughes, agent, were present to represent the
application. No further representation was present in favour of or in objection to
the application.
Moved by Shirley Van Steen
Seconded by Bill Utton
That application P/CA 07/11 & P/CA 08/11 by W. Jeschke, be Approved on the
grounds that the lot frontage of 14.7 metres and 14.8 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 severed properties, as
generally sited and outlined on the applicanYs submitted plans with this
application.
2. That the owner receives final approval for land severance applications
LD 001/11 and LD 002/11 or this decision shall be null and void.
Carried Unanimously
2
2. P/CA 09/11 — C. Daniell
1979 Woodview Avenue
(North Part Lot 18, Plan 329)
City of Pickering
Committee of Adjustment
Meeting Minutes � 3
Wednesday, March 23, 2011
7:00 pm
Main Committee Room
That the applicant �equests relief from Zoning By-law 3036, as amended by
By-law 3537/05 and 7060/10 to permit a lot area of 440 square metres, whereas
the by-law requires a minimum lot area of 460 square metres.
The applicant requests approval of this variance in order to finalize Land Division
applications (LD 122/10, LD 123/10, LD 124/10) for the creation of four
residential lots on Woodview Avenue.
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 comments.
Written comments were also received from Toronto and Region Conservation
Authority expressing no objection to the application and indicated the proposed
minor variance will facilitate the protection of the adjacent wetland complex by
allowing the proposed Lot 4 to be configured in such a way it will provide an
appropriate environmental buffer from the wetland.
Gary Daniell, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Shirley Van Steen
Seconded by Bill Utton
That application P/CA 09/11 by C. Daniell, be Approved on the grounds that the
lot area of 440 square metres 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 apply only to the proposed lot as generally sited and
outlined on the applicant's submitted plans with this application.
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Committee of Adjustment
Meeting Minutes
Wednesday, March 23, 2011
7:00 pm
Main Committee Room
2. That the owner receives final approval for Land Division applications
LD 122/10, LD 123/10 and LD 124/10 or this decision shall become null
and void. �
Carried Unanimously
3. P/CA 10/11 — T. Kerr
1731 Spruce Hill Road
Part Lot 30, Plan 820, Part 1, 40R-9425)
City of Pickering
The app�icant requests relief from Zoning By-law 3036 to permit an existing north
side yard width of 0.3 metre and a proposed south side yard width of 1.0 metre
to a proposed addition onto the detached dwelling, whereas the by-law requires
a minimum side yard width 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 for the existing
north side yard width subject to conditions and refusal for the proposed south
side yard width.
Written comments were also received from the City's Chief Building Official
expressing several concerns with the application; the appropriateness, feasibility
and practicality of saving the south wall of the existing one storey garage through
underpinning of the south wall to suit the proposed rear basement, the proximity
of the neighbouring building and the potential of undermining adjacent
foundations, a professional engineer must be retained to address all building
design and construction which exceeds the scope of Part 9 of the Ontario
Building Code and the applicant should provide full details regarding the existing
site conditions and the proposed construction procedures where adjacent
properties may be impacted. In the absence of this information, it would be
inadvisable to approve this application for a building permit or a minor variance.
Tom Kerr, owner, and Kevin Washington, agent, were present to represent the
application. No further representation was present in favour of or in objection to
the application.
0
Committee of Adjustment ��
Meeting Minutes
Wednesday, March 23, 2011
7:00 pm
Main Committee Room
Kevin Washington presented pictures for the Committee Members to review and
explained the application. In response to questions from Committee Members,
Kevin Washington explained the existing south wall of the garage will be
maintained for the proposed addition and indicated if the garage was completely
demolished there would be an extra expense, there is a full basement in the
garage, will be using the existing garage foundation for the proposed addition
and the owners would like to start construction as soon as possible.
Moved by Bill Utton
Seconded by Tom Copeland
That application P/CA 10/11 by T. Kerr, be Deferred until the next meeting in
order to give the Committee Members an opportunity to visit the site.
Carried Unanimously
(IV) Adiournment
Moved by Bill Utton
Seconded by Tom Copeland
That the 4th meeting of 2011 the Committee of Adjustment be adjourned at
7:20 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, April 13, 2011.
Carried Unanimously
Date
Chair
Assistant Secretary-Treasurer
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Report to
Committee of Adjustment
Application Number: P/CA 10/11
Meeting Date: April 13, 2011
(Deferred from March 23, 2011)
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 10/11
T. Kerr
1731 Spruce Hill Road
(Part Lot 30, Plan 820, Part 1, 40R-9425)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3036 to permit an existing north side
yard width of 0.3 metre and a proposed south side yard width of 1.0 metre to a
proposed addition onto the detached dwelling, whereas the by-law requires a minimum
side yard width of 1.8 metres.
The applicant requests approval of this variance in order to obtain a building permit.
Recommendation:
The Planning & Development Department considers the existing north side yard width
of 0.3 metre to be 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
zoning by-law and therefore recommends Approval of the proposed variance, subject
to the following conditions:
1. That this variance apply only to the existing dwelling unit with the proposed
addition, as generally sited and outlined on the applicanYs submitted plans
with this application.
2. That the applicant obtains a building permit for the proposed construction by
April 12, 2013, or this decision shall become null and void.
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The Planning & Development Department considers the south side yard width of
1.0 metre to the proposed addition onto the detached dwelling to be a major variance
that is undesirable for the appropriate development of the land, and not in keeping with
the general intent and purpose of the Zoning By-law, and therefore recommends
Refusal of the proposed variance.
Report PlCA 10/11
(Deferred from the March 23, 2011)
April 13, 2011
Page 2
Comment:
Official Plan and Zoning By-law
Pickering Official Plan —"Urban Residential Area — Low Density Area" within the
Dunbarton Neighbourhood
Zoning By-law 3036 —"R3" — Third Density Residential
Appropriateness of the Application
North Side Yard Width Variance
• the intent of the minimum side yard widths of 1.8 metres on both sides of a
dwelling are to provide an appropriate buffer space between structures on
abutting properties and to provide appropriate access to the rear yard
• the side yard width of 0.3 metres to the existing dwelling is an existing
situation that would maintain the character of the surrounding area and
provide an appropriate buffer between the existing dwelling and the abutting
property
• the intent of the zoning by-law would be maintained
South Side Yard Width Variance
• the intent of the minimum side yard widths of 1.8 metres on both sides of a
dwelling is to provide an appropriate buffer space between structures on
abutting properties and to provide appropriate access to the rear yard
. the side yard width of 1.0 metre to a proposed new addition to the existing
dwelling would not provide appropriate buffer between the abutting property
and it would not provide appropriate access to the rear yard given the existing
north side yard width is 0.3 metre
•"R3" zoning requires a significant side yard width to the create a sense of
openness between the dwellings that have significant Iot frontages of 18
metres or greater
• the lot standards in the by-law are proportional to the size of a lot, the subject
property has a lot frontage of 21. 3 metres with an existing reduced north side
yard width of 0.3 metre, therefore, there is no justification or suppo�t for a
further reduced side yard of 1.0 metre on the other side
• the applicant provided no planning rationale for the proposed south side yard
width variance with the exception of wanting to save the existing south wall of
the existing detached garage to which the City's Chief Building Official has
expressed significant construction concerns (see attached)
• the applicants proposed elevations for the dwelling do not appear to
demonstrated that the existing south wall of the detached garage is being
maintained
• the intend of the zoning by-law would not be maintained and is not
appropriate development of the property
• the variance for a reduced south side yard width is not a minor variance
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Report P/CA 10/11
(Deferred from the March 23, 2011)
Input From Other Sources
Chief Building Official
Date of report: April 6, 2011
Comments prepared by:
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Mila Yeung
Planner I
MY:RP:Id
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Enclosures
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April 13, 2011
Page 3
concerned with the appropriateness of
demolishing the garage with the exception of
the south wall during construction of the addition
concerned with the feasibility and practicality of
saving the south wall of the existing one storey
garage through underpinning of the south wall
to suit the proposed rear basement
concerned with the proximity of the
neighbouring building and the potential of
undermining adjacent foundations
a professional engineer must be retained to
address all building design and construction
which exceeds the scope of Part 9 of the
Ontario Building Code
the applicant should provide full details
regarding the existing site conditions and the
proposed construction procedures where
adjacent properties may be impacted. In the
absence of this information, it would be
inadvisable to approve this application for a
building permit or a minor variance (see
attached)
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Ross Pym, MCIP, RPP
Principal Planner — Development Review
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1� Information Compiled from Applicant's
Submitted Plan
PlCA 10/11
T. Kerr
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This map was produced 6y the City ot Pickering Planning & Deveiopment �epariment,
PWnning Iniormation Services Mapping and Deslgn, Mac 8, 2011.
To:
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Mila Yeung
Planner I
Kyle Bentley
Chief Building Official
Copy: Manager, Development Review & Urban Design
Subject: Building Comments -
1731 Spruce Hill Road
- File: P1CA 10/11
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March 16, 2011
Further to your request for comments on the minor variance application for 1731 Spruce Hill Road,
my comments are as follows:
1. The application appears to include the construction of a one-storey addition to the existing
one-storey dwelling, which currently has a walk-out basement to the rear of the property.
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2. There is one window identified on the south wall of the addition, which is recessed by 8
inches. The window area limits appear to conform with building code window size limit
requirements for walls close to the property line.
3. Further review of the preliminary drawings indicates an existing garage to the south of the
property. It is unclear from the drawings whether or not the garage has a basement level.
Drawing A2 notes that the garage will be demolished, with the exception of the south wall. I
would be concerned how the applicant intends to keep this wall in place during construction
of the addition. If the existing garage is only one-storey, it would be necessary to underpin
the existing south wall to suit the proposed rear basement. Underpinning is a very
expensive and potentially impractical approach for the sake of preserving a one-storey wall.
4. The neighbouring residential dwelling south of 1731 Spruce Hill Road is close to the
property line. It is unclear whether or not this neighbour's home has a basement or not.
Construction for the proposed addition must take into account the proximity of the
neighbouring buildings so as not to undermine adjacent foundations.
5. It would be necessary for the applicant to retain a professional engineer to address all
building design and construction which exceeds the scope of Part 9 of the Ontario Building
Code.
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6. The applicant should provide full details regarding the existing site conditions and the
proposed construction procedure where adjacent properties may be impacted. In the
absence of this information, it would inad�isable to approve this application for a building
permit or a minor varianee.
If there are any questions or concerns, please contact me.
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March 16, 2011 � Page 2
Building Comments — P/CA 10/11
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Report to
Committee of Adjustment
Application Number: P/CA 11/11
Meeting Date: April 13, 2011
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 11/11
N. Williams
1614 Burnside Drive
(Lot 10, 40M-1603)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3036 as amended by By-law 2922/88
to permit a lot coverage of 47 percent and a rear yard depth of 4.3 metres to a proposed
house addition, whereas the by-law requires a maximum lot coverage of 38 percent and
a minimum rear yard depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain a building permit for
the new detached dwelling.
Recommendation:
The Planning & Development Department considers a lot coverage of 47 percent and a
rear yard depth of 4.3 metres to a proposed house addition to be major variances that
are not desirable for the appropriate development of the land, and not in keeping with
the general intent and purpose of the Zoning By-law, and therefore recommends
Refusal of the proposed variances.
And
The Planning & Development Department considers the existing lot coverage of
40 percent to the existing dwelling to be a minor variance that is desirable for the
appropriate development of the land, and in keeping with the general intent and
purposed of Official Plan and the Zoning By-law, and therefore recommends Approval
of the existing situation and variance.
Report P/CA 11/11
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Comment:
Oificial Plan and Zoning By-law
April 13, 2011
Page 2
Pickering Official Plan —"Urban Residential Area — Low Density Area" within the Village
East Neighbourhood
Zoning By-law 3036 as amended by By-law 2922/88 —"S4"
Appropriateness of the Application
• the intent of the minimum rear yard depth of a 7.5 metres requirement is to
ensure that a usable amenity space is provided in the rear yard
• the intent of the maximum lot coverage of 38 percent requirement is to ensure
the maintenance of an appropriate amount of amenity area uncovered by
buildings and to regulate the maximum size and mass of building on a lot
• the existing dwelling currently exceeds the required maximum lot coverage
with a lot coverage of 40 percent and should be recognized as a minor
variance
• a 9 percent increase from the zoning standard of 38 percent for the proposed
addition is not considered appropriate given the site already exceeds the
maximum lot coverage
• the subject lot will not maintain adequate amenity space in the rear of the
subject property as the proposed addition and stairway will significantly
reduce the rear yard depth to 4.2 metres which is a 56 percent reduction from
the required zoning standard of 7.5 metres
• the propose lot coverage does not provide adequate amount of amenity area
uncovered by buildings
• the intent of the zoning by-law will not be maintained
Date of report: April 6, 2011
Comments prepared by:
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Planner I
MY:RP:Id
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Principal Planner — Development Review
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PICKERWG
City of Pickering
PROPERTY DESCRIPTION LOt 10, Plan 40M-1603
OWNER N. Williams
FILE No. PJCA 11/11
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This map was produced hy the City of Pickering Planning & Development DepaAment,
Planning Information Services Mapping and Desigq Mar. 24, 2011.
Report to
Committee of Adjustment
�7
Application Number: P/CA 12/11
Meeting Date: April 13, 2011
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 12/11
H. Kok
673 Front Road
(Part Lot 4, Bock E, Plan 65)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 2511 to permit an existing lot area of
361 square metres and a front yard depth of 6.0 metres to a proposed stairway of a
proposed detached dwelling, whereas the by-law requires a minimum lot area of
460 square metres and front yard depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain a building permit for
the new detached dwelling.
Recommendation:
The Planning & Development Department considers the existing lot area of 361 square
metres and a front yard depth of 6.0 metres to a proposed stairway of a proposed
detached dwelling to be 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, and therefore recommends Approval of #he
proposed variances, subject to the following conditions:
1. That these variances apply only to the proposed new dwelling, as generally
sited and outlined on the applicanYs submitted plans with this application.
2. That the applicant obtains a building permit for the proposed construction by
April 12, 2013, or this decision shall become null and void.
Background
A Committee of Adjustment application for the subject property was submitted earlier
this year (P/CA 02/11) to seek numerous variances for a new detached dwelling. The
Committee of Adjustment approved the minor variance application on January 19, 2011
to permit an existing lot frontage of 9.1 metres and an existing lot area of 373 square
metres and a proposed north side yard width of 0.6 metre and a south side yard width of
1.2 metres to the proposed new detached dwelling. After completing a grading plan and
land survey, the dwelling was re-design and the lot area was found to be less than
originally shown. The applicant is submitting this application in order to rectify the
inaccurate information illustrated on the initial site plan submitted with P/CA 02/11.
Report P/CA 12/11
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Comment:
Official Plan and Zoning By-law
April 13, 2011
Page 2
Pickering Official Plan —"Urban Residential Area — Low Density Area" within the Bay
Ridges Neighbourhood
Zoning By-law 2511 —"R4" — Fourth Density Zone
Appropriateness of the Application
Lot Area Variance
• the intent of the minimum lot area requirement is to ensure a usable lot size
that is compatible with the surrounding area
• the proposed lot area of 361 square metres is in keeping with the character
and size of existing lots within the surrounding area and is a long standing
condition
• the intent of the zoning by-law would be maintained
Front Yard Depth Variance
• the intent of the front yard depth requirement is to provide an adequate buffer
space between street activity and to provide an adequate landscaped area
within the front of the property;
• the 6.0 metre front yard depth to an proposed stairway would maintain the
neighbourhood character on Front Street, provides an appropriate buffer
space and provides an adequate landscaped area within the front yard of the
property;
• the intent of the zoning by-law would be maintained.
Date of report: April 6, 2011
Comments prepared by:
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Mila Yeung
Planner I
MY: RP:Id
cols/repons/2011lpce12-11.GOc
Enclosures
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Ross Pym, MCIP, PP
Principal Planner — Development Review
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PROPERTY �ESCRIPTION part Lot 4, Block E, Plan 65
OWNER H. Kok
FILE No. P/CA 12/11
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This map was produced by the City of Pickering Planning & Developrnen� Departmen�,
Planning Information Services Mapping and Design, Mac 24, 20�1.
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