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HomeMy WebLinkAboutJune 15, 2011� �TiTiiTi i - - • �! !riT:�"iTi ., Committee of Adjustment Agenda Wednesday, June 15, 2011 � 7:00 pm Main Committee Room (I) (��1 Adoption of Agenda Adoption of Minutes from May 25, 2011 (I11) Reports 1. P/CA 18/11 — Loblaw Properties Ltd. 1792 Liverpool Road (South Part Lot 23, Concession 1) City of Pickering 2. P/CA 19/11 — P. & W. Moss 609 Beckworth Square (Part of Block 119, 40M-1232, Parts 1& 2, 40R-7265) City of Pickering 3. P/CA 20/11 — LJ Salem Farms Inc. Seventh Concession Road (South Part Lot 15, Concession 7) City of Pickering 4. PICA 21/11 — D. Burger 550 Ashfield Court (Lot 34, Plan 40M-1419) City of Pickering (IV) Adjournment Page Number 1-6 7-11 12-15 16-19 20-23 ACCe55lbl� For information related to accessibility requirements please contact • Lesley Dunne P I C K E I��N G'�� 905.420.4660, extension 2024 TTY 905.420.1739 Email Idunne@cityofpickering.com Pending Adoption Present: Tom Copeland David Johnson — Chair Eric Newton — Vice-Chair• Bill Utton Shirley Van Steen Also Present: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Aqenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, May 25, 2011 "� 1 7:00 pm Main Committee Room That the agenda for the Wednesday, May 25, 2011 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Eric Newton Seconded by Shirley Van Steen That the minutes of the 6th meeting of the Committee of Adjustment held Wednesday, May 4, 2011 be adopted. Carried Unanimously 1 �� (III) �t� o¢� Reports Committee of Adjustment Meeting Minutes Wednesday, May 25, 2011 7:00 pm Main Committee Room 1. P/CA 16/11 — N. Johal 462 Toynevale Road (Plan 350, Part Lot 121, now 40R-26017, Part 1& 2) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a proposed west side yard width of 0.9 metres and a proposed east side yard width of 1.2 metres to a proposed new detached dwelling, whereas the by-law requires a minimum side yard width of 1.5 metres for both sides. 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 refusal for the proposed west side yard width and approval for the proposed east side yard width subject to conditions. Written comments were received from the Toronto and Region Conservation Authority indicating a permit may be required before development and have no objection to the application. Written comments were received from Vijay Gupta in objection to the proposed side yard width requirements and indicated a large house on a large lot, should have adequate separation from the neighbouring housing units. Written comments were also received from the City's Development Control Manager expressing concerns with the potential impacts on the dwelling for the abutting property as it is located close to the property line. Jasbeer Johal, agent, was present to represent the application. James Clark of 1880 Bowler Drive, Brian Watson, agent of 460 Toynevale Road, Elio & Teresa Violo of 468 Toynevale Road were present in objection to the application. Jasbeer Johal explained the proposed reduced side yard widths are to provide extra living space and to have a 2 car garage. In response to a question from residents Jasbeer Johal indicated plans of the proposed new detached dwelling where provided with the application submission. 2 C�r� o¢� Committee of Adjustment Meeting Minutes Wednesday, May 25, 2011 � 3 7:00 pm Main Committee Room James Cl�rk indicated his property is immediately to the east and questions why the proposed dwelling cannot be built within the requirements of the zoning by-law. James Clark expressed concern with the house design; lacation of the air conditioner/gas meter and the impact they may have on his property. Brian Watson indicated he is the agent for 460 Toynevale Road and expressed concern that the garage is too close to the property line which may encroach on their property; and the quaintness of the neighbourhood as well as the view and enjoyment of their property. Elio & Teresa Violo indicated lots along Toynevale Road are very large with extensive lawns that require trackers to properly maintain these properties and therefore need appropriate access to the rear yards for machinery. Elio Violo expressed concern that if the side yard widths are reduced the rear yard of the subject property may not be properly maintained and may attract wild life from the ravine at the rear of the property. Teresa Violo indicated that all property owners should respect the by-laws and should be able to design to comply. Moved by Tom Copeland Seconded by Eric Newton That application PlCA 16/11 by N. Johal, be Approved on the grounds that the proposed east side yard width of 1.2 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 zoning by-law, subject to the following conditions: 1. That this variance apply only to the proposed new detached dwelling, 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 May 24, 2013, or this decision shall become null and void. And That application P/CA 16/11 by N. Johal, be Refused on the ground that the west side yard width of 0.9 metre to the proposed new detached dwelling is 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. Carried Unanimously 3 Ct� o� � 2. P/CA 17/11 — OPB Realty Inc. 1355 Kingston Road Part of Lots 21 and 22, Concession 1 City of Pickering Committee of Adjustment Meeting Minutes Wednesday, May 25, 2011 7:00 pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 5994/02 to permit an open air community market as a temporary use to be operated once a week from June to October of 2011, whereas the by-law does not specifically allow an open air community market as a permitted use on the subject property. The applicant requests approval of this variance in order to operate the open air community market. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from Peter Rodrigues, Regional Councillor — Ward 3, Kevin Ashe, City Councillor — Ward 1 and Doug Dickerson, City Councillor — Ward 2 in support of the application. Written comments were also received from the City's Coordinator, Economic Development indicating the Urban Markets are a much desired and needed community activity, in keeping with the City's intent to create a vibrant downtown; this is a great opportunity to engage and promote our local agricultural community and, nurture sustained community partnerships; activities of this nature create a sense of place and encourage pedestrian traffic in a healthy downtown and the proposed location appears well suited to capture the majority of downtown residential traffic, to be accessed by residents using local transit and is easily supported by on-site parking. Lorna Murphy, agent, was present to represent the application. Hugh Pearce of 1400 The Esplanade was present in objection to the location of the open air market. Lorna Murphy explained the farmers market will promote local farmers and will have visual and perForming arts perFormances and other family related activities. In response to questions from a resident and Committee Members, Lorna Murphy indicated the market will use less than 100 parking spaces and the location was chosen to promote walkability, easy access to transit. The market will take place once a week (to be determined and finalized) and will run from approximately 2:00 pm to 7:00 or 8:00 pm depending on the farmer's availability; the cleanup will be the responsibility of PTC staff. � Committee of Adjustment Meeting Minutes Wednesday, PJlay 25, 2011 Q� 7:00 pm Main Committee Room Hugh Pearce indicated he supports the open air market however expressed concerns with the increase noise from the music; clean up; and the location of the market and suggested it should be moved to the corner of Glenanna Road and Pickering Parkway. Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 17/11 by OPB Realty Inc., be Approved on the grounds that the request to permit an open air community market as a temporary use, to be operated once a week from June to October of 2011, 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 open air community market, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That the variance shall apply from a period between June 2011 to October 2011, and that this Decision shall become null and void on November 1, 2011. 3. That for the purpose of this variance an open air community market shall be defined as an open area in which stalls, tent canopies, or sales areas are set aside and rented or otherwise provided where groups of individual sellers offer goods and produce, for sale to the public and will focus on food, arts and culture. Carried Unanimously (IV) Adiournment Moved by Bill Utton Seconded by Shirley Van Steen That the 7th meeting of 2011 the Committee of Adjustment be adjourned at 7:34 pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 15, 2011. Carried Unanimously 5 � Date Chair Assistant Secretary-Treasurer Committee of Adjustment Meeting Minutes Wednesday, May 25, 2011 7:00 pm Main Committee Room 0 Cifq o� Report to Q,� Committee of Adjustment Application Number: P/CA 18/11 Meeting Date: June 15, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 18/11 Loblaw Properties Limited 1792 Liverpool Road (South Part of Lot 23, Concession 1) City of Pickering Application: The applicant requests relief from Zoning By-law 3036, as amended by By-laws 1680/83, 1727/83, 5238/98 and 7061/10 to permit a 1,583 square metre temporary outdoor garden centre to operate from April 15t to August 31 St of every calendar year generally located in the centre of the parking lot, whereas the by-law allows for a 430 square metre temporary outdoor garden centre to operate from April 15t to June 30th of every calendar year generally located in the north-west corner of the parking lot. The applicant requests approval of this variance in order to obtain a building permit. Recommendation: The Planning & Development Department considers the proposed temporary outdoor garden centre generally located in the centre of the parking lot, having a maximum area of 1,583 square metres to operate from June 15, 2011 to August 31, 2011 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 the proposed variances, subject to the following conditions: 1. That these variances apply only to the outdoor garden centre, as generally sited and outlined on the applicanYs submitted plan with this application. 2. That the applicant obtains a building permit for the proposed construction or this decision shall become null and void. 3. That these variances are null and void after September 30, 2011. Report P/CA 18/11 i, Comment: Official Plan and Zoning By-law June 15, 2011 Pickering Oificial Plan — Mixed Use — Downtown Core within the Town Centre Page 2 Zoning By-law 3036, as amended by By-law 1680/83 —"C7" — General Commercial Zone Background The applicant has recently submitted a zoning amendment application for the subject property to address, amongst other matters, the location, size and timing of the outdoor garden centre. The appropriateness of the permanent garden centre zoning will be determined by City Council. Therefore, the Planning Department are recommending that the Committee of Adjustment only approve the application by granting the requested variances, but restricting the variance to this current calendar year (2011). Appropriateness of the Application Operating time for an Outdoor Garden Centre • operating time for an outdoor garden centre is typically during the spring and summer months • the rational for having a specific operating time is to ensure that an outdoor garden centre does not become a permanent use on the property, but remains as a temporary use • the increase in the operating time would allow for the outdoor garden centre to operate 2 months longer • the intent of the zoning by-law would be maintained Maximum size for an Outdoor Garden Centre • limiting the size of an outdoor garden centre ensures that there is not a negative impact in the area where the outdoor garden centre will be operating • the outdoor garden centre should not consume needed parking spaces that would diminish site function • the size of the proposed outdoor garden centre will not negatively impact the parking area • the intent of the zoning by-law would be maintained Report P/CA 18/11 Input From Other Sources Toronto and Region Conservation Authority Date of report: June 8, 2011 Comments prepared by: i�ea nnerl AY:RP:Id cofa/repansl2�1 � /pca78-0 LEOc Enclosures June 15, 2011 Page 3 • no objection to the application • subject lands are iocated immediately east of the Pine Creek channel • the western portion of the lands are located within the Regional Storm Flood Plain and are susceptible to flooding in the event of a Regional Storm • erection of a new structure would require permission from the TRCA A �! _ � Ross Pym, MCIP, RPP Principal Planner — Development Review �' Information Compiled from Applicant's Submitted Plan P/CA 18/11 Loblaw Properties Limited � ..- . . . �� - - ...� ...- � ds - - . ..: - . r �. . � . . � .. �< ":� ��, ,,<' „ ,�, � ,,r� ;4�5�,, ,fr�, � � ..� � � :,;?,:�;5 a;� /` � ., � � �' /�'� .. ,<:-� ,�,. � „! � �o', . 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" �.. o « �-- m ..' `-� .•r a . � � �� ..__... .... . i��,u��,� I � � .�__ i. �'�.;�v �� 4 This map was produced by the Ciry W Pickering Planning & �evelopment Department, Planning Intormation Servicas Mapping and Design, May 31, 2011_ „ ,,,., � ;,.�.��,_�����, _ a ,� — ,._,a�� `� � .�-«�' ' t_... � _ _��i�_ Report to Committee of Adjustment Application Number: P/CA 19/11 Meeting Date: June 15, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 19111 P. & W. Moss 609 Beckworth Square (Part of Block 119, 40M-1232, Pa�ts 1 and 2, 40R-7265) City of Pickering Application: The applicants request relief from Zoning By-law 3036, as amended by By-law 1289/81 to permit a rear yard depth of 4.0 metres to a proposed uncovered deck, whereas the by-law requires a minimum 7.5 metres rear yard depth. The applicants request approval of this variance in order to obtain zoning compliance. Recommendation: The Planning & Development Department considers the rear yard depth of 4.0 metres to a proposed uncovered deck 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 the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the proposed uncovered deck, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That the applicant constructs the proposed uncovered deck by June 14, 2013, or this decision shall become null and void. Comment: Official Plan and Zoning By-law Pickering Official Plan —"Urban Residential Area — Low Density Area” within the Amberlea Neighbourhood Zoning By-law 3036, as amended by By-law 1289/81 -"S2" — Single Residential Zone Report P/CA 19/11 Appropriateness of the Application Rear Yard Depth Variance June 15, 2011 Page 2 � � • the intent of the minimum 7.5 metres rear yard depth is to ensure that a useable amenity space is provided in the rear yard, and to provide an appropriate buffer space between structures on abutting properties • the proposed deck is closest to the rear lot line in the southeast corner and then increases in depth as the deck is not parallel to the rear lot line • an adequate amenity space in the rear yard would be maintained • the intent of the zoning by-law would be maintained Date of Report: June 8, 2011 Comments prepared by: s�,�: z �" Asble�Ye Planner I AY: RP:Id wf9lfeport9/201'I /pce1B-114oc Enclosures G�� ,i�v-�. Ross Pym, MCIP, PR P Principal Planner — Development Review � � �� U m Informafion Compiled from Applicant's Submitted Plan P/CA 19111 P. 8 W. Moss `s1m� 7.p� _ � { ��_-.}_�_�� 1.2m � �� 4 SQUARE 2.7m � 2. I EXISTING DWELLING 28�4m To permit a 4.0 metre rear yard depth to a 4 M T l. 5 DECK � OSED This map was produced by the City of Pickering Planning 8 Development Depanment, Planning Information Services Mapping and Design, May 19, 2011. �6 C�ry o¢� Report to Committee of Adjustment Application Number: P/CA 20/11 Meeting Date: June 15, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 20/11 LJ Salem Farms Inc. Seventh Concession Road (South Part Lot 15, Concession 5) City of Pickering Application: The applicant requests relief from Zoning By-law 3037 as amended, to permit a lot area of 3.38 hectares for an existing lot, whereas the by-law requires a minimum lot area of 4.0 hectares. The applicant requests approval of this variance in order to obtain a building permit for the erection of a dwelling, barn and workshop on the subject lands. Recommendation: The Planning & Development Department considers the request to permit a lot area of 3.38 hectares, 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 the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That the owner obtain approval for the application 18-ZO-001110-01 to amend the Minister's Zoning Order — Regulation Number 102/72. 2. That the applicant obtains a building permit for the proposed construction by June 14, 2013, or this decision shall become null and void. , Comment: Official Plan and Zoning By-law Pickering Official Plan — "Agricultural Area" Zoning By-law 3037, "A" — Rural Agricultural Minister's Zoning Order — Ontario Regulation 102/72, agricultural uses and buildings and structures accessory thereto Report P/CA 20/11 Appropriateness of the Application June 15, 2011 Page 2 1 � • the intent of the by-law is to ensure that rural lots retain a size that is compatible with the rural character and remain viable for agricultural uses • the lot is a lot of record • the applicant proposes to relocate the proposed structures to the subject site from a property that is required for the Highway 407 extension • the intent of the zoning by-law would be maintained Date of report: June 7, 2011 Comments prepared by: �1.� ry4 �-' Isa James Planner II RP:IJ:Id cofelreporlsl2011/pcaP411 Uoc Enclosures �C� � � Ross Pym, MCIP,-RPP Principal Planner — Development Review i permit a 3.3 Ha lot area. I; I iT� I ( I 1 ( __ � i � � � N � rn � Information Compiled from Applicant's Submitted Plan P/CA 20111 LJ Salem Farms Inc. J 173.Om � 23.Om o PROPOSED co BARN N � + 1 -v �___S -1� � O � r PROPOSED WORKSFiOP PROPOSED ?�Om DWELLING ` E , o I o i�, 12.5rta -� � :-; " I SEPTI� � �:r ��.,.. �C�B�`52.: -�:�.-:�'.�� —i-� � �-'r iil N � � � 19 SEVENTH CONCESSION ROAD 11T This map was produced by the Ciry ol Pickering Pianning & Development Department, Planning Iniortnation Services Mapping and Oesign, June 1, 2011. 20 Report to Committee of Adjustment Application Number: P/CA 21/11 Meeting Date: June 15, 2011 From: Ross Pym, MCIP, RPP Principal Planner— Development Review Subject: Committee of Adjustment Application P/CA 21/11 D. Burger 550 Ashfield Court (Lot 34, Plan 40M-1419) City of Pickering Application: The applicant requests relief from Zoning By-law 3036, as amended by By-law 1543/82 to permit a 0.1 metre side yard depth to an existing shed located in the side yard, whereas the by-law requires a 1.0 metre side yard depth and that all accessory buildings be located in the rear yard. The applicants request approval of this variance in order to obtain zoning compliance. Recommendation: The Planning & Development Department considers the 0.1 metre side yard depth and the location of the existing shed in the side yard to be major variances that are 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 variances. Comment: O�cial Plan and Zoning By-law Pickering Official Plan —"Urban Residential Area — Low Density Area" within the Amberlea Neighbourhood Zoning By-law 3036, as amended by By-law 1543/82 —"S1" — Single Residential Zone Report P1CA 21/11 Appropriateness of the Application Accessory Structure in the Side Yard Variance June 15, 2011 Page 2 � � • the intent of the requirement for accessory structures to be located in the rear yard is to preserve the openness in the front and side yard from a public viewing perspective, maintain adequate buffer space between buildings on a property and street activity to allow access into a rear yard, and avoid adverse impact on the streetscape • the Iocation of the existing shed does not provide an adequate buffer space between buildings that is in character with the existing neighbourhood • the shed completely eliminates access to the rear yard for the east side yard • the location of the existing shed creates an adverse impact on the streetscape and a visual distraction that is intrusive to neighbouring residences • the shed could be relocated to the rear yard in compliance with the zoning by-law • the applicant has provided no land-use planning rational for the shed in the side yard • the intent of the zoning by-law would not be maintained, the variance is major Accessory Structure Side Yard Depth Variance • the intent of the zoning by-law in requiring accessory structures to provide a minimum 1.0 metre setback from lot lines is to ensure that adequate space is available for maintenance, to ensure that the eaves/overhangs do not encroach on the adjacent properties, ensure roof drainage stays on the subject property, and to minimize the visual impact that their location may have on adjacent properties • the existing setbacks of 0.1 metre to the east side lot line does not provide adequate space for maintenance of the existing shed and would not contain roof water runoff • the existing shed does not contain an eavestrough (within the property limits) to ensure that proper roof drainage is contained on the subject property • the intent of the zoning by-law would not be maintained, the variance is major Date of Report: June 8, 2011 Comments prepared by: s;�e� < <� ey Y Planner I AY: R P: Id cofelreponsl2011/pca2t47 rloc Enclosures O�� Ross Pym, MCIP, P Principal Planner — Development Review � W W � F- (n � Q Z � W LL '3 1.d Information Compiled from ApplicanYs Submitted Plan PlCA 21/11 D. Burger fiG�1 2.4m ..�„�..T., E ti ► � "'EXISTING ' � SHED � �. E r M 4.6m 4.4 4.4 � 4.7m — i I E 0 � � . t�.t1..�� rn ' � i ' 's , EXISTING DWELLING � 0 r: �: � � � m 1.8m ���il'ii1 o permit a 0.1 metre sic ard width to an existing hed, in the side yard ASHFIELD COURT N This map was produced by the City of Pickering Planning & Development Depanment, Planning Information Services Mapping and Oesign, May 3'I, 2D71.