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Home My WebLink AboutJuly 6, 2011Committee of Adjustment Agenda Meeting Number:9 Date:Wednesday,July 6,2011 Committee of Adjustment Agenda Wednesday,July 6,2011 7:00 pm Main Committee Room Page Number (I)Adoption of Agenda (II)Adoption of Minutes from June 15,2011 (III)Reports . 1.(Deferred at the June 15,2011 meeting) PICA 21/11 -D.Burger 550 Ashfield Court (Lot 34,Plan 40M-1419) City of Pickering 2.PICA 22/11 -Whitevale Golf Club 2952 Golf Club Road (South Part Lot 29 &30,Concession 4, Part Lot 1 &2,40R-18997) City of Pickering 3.PICA 23/11 -J.&J.Will 1881 Spruce Hill Road (Lot 70,RCP Plan 1041,Part 1,40R-25049) City of Pickering 4.PICA 24/11 -E.Mason 434 Churchwin Street (Lot 67,Plan 21) City of Pickering 5.PICA 25/11 -K.Kwapich 1296 Commerce Street (Part Lot 4,Block C,Plan 65,Part 3,40R-11704) City of Pickering 6.PICA 26/11 -U.&D.Schorn 1760 Finch Avenue (South Part of Lot 18,Concession 2,Part 2,40R-8590) City of Pickering (IV)-Adjournment 1-6 7-10 11-15 16-19 20-24 25-28 29-33 Accessible •__ PICKE~_G For information related to accessibility requirements please contact Lesley Dunne T.905.420.4660,extension 2024 TIY 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 Mila Yeung,Assistant Secretary-Treasurer Lesley Dunne,Assistant Secretary-Treasurer (I)Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday,June 15,2011 7:00 pm Main Committee Room 01 That the agenda for the Wednesday,June 15,2011 meeting be adopted. Carried Unanimously (II)Adoption of Minutes Moved by Bill Utton Seconded by Shirley Van Steen That the minutes of the 7th meeting of the Committee of Adjustment held Wednesday,May 25,2011 be adopted as amended. Carried Unanimously 1 Committee of Adjustment Meeting Minutes Wednesday,June 15,2011 7:00 pm Main Committee Room (III)Reports 1.PICA 18/11 -Loblaw Properties Ltd. 1792 Liverpool Road (South Part Lot 23,Concession 1) City of Pickering 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 1st to August 31st 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 1st 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. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning &Development Department recommending approval subject to conditions.Written comments were receiyed from the City's Development Control Manager expressing no concerns.Written comments were also received from the Toronto and Region Conservation Authority indicating no objection to the application. Ian Rutledge,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 PICA 18/11 by Loblaw Properties Ltd.,be Approved on the grounds that 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 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 outdoor garden centre,as generally sited and outlined on the applicant's submitted plan with this application. 2 Committee of Adjustment Meeting Minutes Wednesday,June 15,2011 03 ,7:00 pm Main Committee Room 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. Carried Unanimously 2.PICA 19/11 -P.&W.Moss 609 Beckworth Square (Part of Block 119,40M-1232,Parts 1 &2,40R-7265) City of Pickering , 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.. The Assistant 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 also received from J.&P.Voves of 700 Beckworth Square indicating no objections the application. Wayne Moss,owner,was present to represent the application.No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member,Wayne Moss indicated the proposed uncovered deck will be constructed of wood and will be at 20 inches above grade.. Moved by Eric Newton Seconded by Shirley Van Steen That application PICA 19/11 by P.&W.Moss,be Approved on the rear yard depth of 4.0 metres to a proposed uncovered deck 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 04 Committee of Adjustment Meeting Minutes Wednesday,June 15,2011 7:00 pm Main Committee Room 1.That this variance apply only to the proposed uncovered deck,as generally sited and outlined on the applicant's 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. Carried Unanimously 3.PICA 20/11 -LJ Salem Farms Inc. Seventh Concession Road (South Part Lot 15,Concession 7) City of Pickering The applicant requests relief from Zoning By-law 3037,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. The Assistant 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 concerns. Lee Gray,owner,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 Tom Copeland That application PICA 20/11 by LJ Salem Farms Inc.,be Approved on the grounds that the request to permit a lot area of 3.38 hectares 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 owner obtains approval for the application 18-Z0-00111 0-01 to amend the Minister's Zoning Order -Regulation Number 102/72. 4 Committee of Adjustment Me-eting Minutes Wednesday,June 15,2011 0"5 7:00 pm Main Committee Room 2.That the applicant obtains a building permit for the proposed construction by June 14,2013,or this decision shall become null and void. Carried Unanimously 4.PICA 21/11 -D.Burger 550 Ashfield Court (Lot 34,Plan 40M-1419) City of Pickering The applicant requests relief from Zoning By-law 3036,as amended by By-law 1543/82 to permit a 0.1 metre side yard width to an existing shed located in the side yard,whereas the by-law requires a 1.0 metre side yard width and that all accessory buildings be located in the rear yard. The applicants request approval of this variance in.order to obtain zoning compliance. The Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning &Development Department recommending refusal.Written comments were also received from the City's Development Control Manager expressing no concerns. David Burger,owner,was present to represent the application.No further representation was present in favour of or in objection to the application. David Burger explained the shed was built in June 2010 and is currently not finished due to receiving a Notice to Comply.The shed will be finished with cedar siding on the outside in order to match the existing shed in the rear yarq. In response to questions from Committee Members,David Burger explained an eaves trough will be installed and connected to the rear yard storm drain;the shed has a door in the front and rear giving the ability to walk through thereby providing access to the reejr yard,and the shed is used to store materials.David Burger indicated it will be expensive to relocate the shed into the rear yard.The .shed would either have to be disassembled or raised in order to move it. 5 06 Committee of Adjustment Meeting Minutes Wednesday,June 15,2011 7:00 pm Main Committee Room Moved by Eric Newton Seconded by Bill Utton That application PICA 21/11 by D.Burger,be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Vote Tom Copeland David Johnson Eric Newton Bill Utton Shirley Van Steen opposed in favour in favour in favour opposed (IV)Adjournment Moved by Bill Utton Seconded by Eric Newton That the 8th meeting of 2011 the Committee of Adjustment be adjourned at 7:26 pm and the next meeting of the Committee of Adjustment be held on Wednesday,July 6,2011. Carried Unanimously Date Chair Assistant Secretary-Treasurer 6 From: Subject: Application: Report to Committee of Adjustment Application Number:PICA 21/11 Meeting Date:July 6,2011 (Deferred from the June 15,2011 Meeting) Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Application PICA 21/11 D.Burger 550 Ashfield Court (Lot 34,Plan 40M-1419) City of Pickering 07 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 applicant requests 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: 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 1543/82 -"S1"-Single Residential Zone Background: The subject application was deferred at the June 15,2011 Committee of Adjustment meeting in order to allow Committee Members to conduct a site check.The Committee conducted a site check on Wednesday June 22,2011. Report PICA 21/11 (Deferred from the June 15,2011 Meeting) 08 July 6,2011 Page 2 Appropriateness of the Application Accessory Structure in the Side Yard Variance •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 location 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 rationale for allowing the shed in the side yard •the intent of the,zoning by-law would not be maintained,and the variance is considered 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,that the eaves/overhangs do not encroach on adjacent properties,that roof drainage stays on the subject property,and to minimize their visual impact on adjacent properties •the existing setback 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,and the variance is considered major Date of Report:June 29,2011 Comments prepared by: ,'l£L AY:RP:ld cofaJreports/2011ipca21.11 Deferred.doc Enclosures 1uw~ Q Ross Pym,MCIP,RPP ~'\Principal Planner,Development Review 09 - ..•... r I---------- f- I - ;;:----,ST.MARY CATHOLIC HIGH SCHOOLt--~ ---:;:CRESCENT0>---./.~--V/Irn ~I' PARK AMBERLEA BRAEBURN r-- .-----. f--z_ti- (f)f--- ~I- U f--- l-t--- ~ DRIVE I 0-!;2 -_f- ()-~- ~ / ROSEBANK RESERVOIR -// I ~_l~I -S;C'Iyt--,::5-~~~ -"'-\Y==8_lJ~i~~~1J..J'v~' -~;;:-~~ROAD~:>(IT .....,--..o ----l l--r-r---- ~/":_---j r--r-r-tJ ~1 SPRINGVIEW P -00:-1--0::r-=(f)=~ ;;:f5uL-1--==w ===!Z w w ,m L -'--'---'"'--w ->>"0 l --::5-- ~>---~0::--CRESCENT ==:::!~=w --0:-/1 -->r--0::g:_I----r-- U (f)f--ARCADIA ~.......SQUARE ..-~~~t=I I II II\"""//I ,"""---\.CRESCENT .-r-I -~I COURT i /=z -=::J-\...~-'-'--'C-o -~~_ ~~~~~~~~k~~~ -:-~f 'f1i(J 7 I--H eJ ~ RI-J(---'ASHFIELD t:::=~I-- o_~CRT.V «~ /PRESBYTERIAN "I:: I U'CHURCH '-- ~LANE ~~~g ==~\III 1/'a ~ .,~S _0::"be-:-:-.........:::t ~. Ov _w '--f-.~&0::~ S'\~::::::1 ~~--~t--\~('",A -//~Cb VQ.~-y ~=/.~_'\.,<,,:'1 = HIGHBUSH ~'1l~""<;~PUBLIC SCHOOL ~(('~.~ ~z~~I ~~o ~L ~~~~j III II I == -SQUARE .J::-FLAVELLE COURT = //I \\~lE:U)~\I /=~~~==~'-U I- ---1 8."'-~- -I ->--.--~rF"/E;- /-f-W --I -......(D ~...--==~0::r---."'Sf.'"""~-~::3f-_gf-fID GA ()f----~~~f-- :;0 -m --i W -l ~Z I--W_W _-0::-'"'----I=1 I I CHARNWOOD I I f---~_-a... I II a«o0:: ~z«mw U)ocr - NE - - - -- -- - f---- ""ORE5 )CHOC :>(_-z-~w (f)of--_O::r- I-- I-- :rON OL Planning &Development DepartmentCityofPickering PROPERTY DESCRIPTION Plan 40M-1419,Lot 34 OWNER D.Burger FILE No.PICA 21/11 DATE May 19,2011 SCALE 1 :5,000 DRAWN BY JB CHECKED BY RP l' PN.11 ,I 10 ~wwn:: ~(J) ~«zn::w LL Information Compiled from Applicant's Submitted Plan PICA 21/11 D.Burger 16.5m 2Am I ~.~EXISTING ~SHED..•..' E E ~ ('I') 4.6m o.u-c. .,' EXISTING DWELLING 1.8m To permit a 0.1 metre side ard width to an existing hed,in the side yard t 8.501 Eo f'-. ASHFIELD COURT This map was produced by the City of Pickering Planning &Development Department, Planning Information Services Mapping and Design,May 31,2011. Report to, Committee of Adjustment' Application Number:PICA 22/11 Meeting Date:July 6,2011 11 From: Subject: Application: Marg Wouters,MCIP,RPP Manager,Development Review &Urban Design Committee of Adjustment Application PICA 22/11 Whitevale Golf Club 2985 Golf Club Road ' (South Part Lo~29 &30,Concession 4,Part lot 1 &2,40R-18997) City of Pickering The applicant requests relief from Zoning By-law 3037,as amended by By-law 3155/89, 4825/96 and 6847/08 to permit a golf practice facility,whereas the by-law permits a golf practice facility use until July 29,2011,after which only agricultural uses are permitted. The applicant requests approval of this variance in order to continue the operation of a golf practice facility. Recommendation: The Planning &Development Department considers a temporary golf practice facility use to be a minor var!ance 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 area zoned as "A(T-GPF)"in By-law 3037 as amended by By-laws 4825/96 and 6847/08,as generally sited and outlined on the applicant's submitted plans. 2.That the variance shall apply for the period July 29,2011 to December 31,2012, and that this decision shall become null and void on January 1,2013. 3.That the applicant satisfies the requirements of the Region of Durham,financial and otherwise. Report PICA 22/11 12 Background: July 6,2011 Page 2 The subject lands are part of the Whitevale Golf Club property,which is located southeast of the Hamlet of Whitevale.The Golf Course is within the limits of the future Seaton Community.The golf practice facility has been permitted on a temporary basis since 1996.A temporary use permission was considered appropriate until such time as major road alignments for the future Seaton Community,which affect the golf course lands,could be confirmed.The current zoning permission expires on July 29,2011. An Environmental Assessment to confirm road alignments in Seaton is currently underway by the Region of Durham.Whitevale Golf Club intends to seek permanent zoning permissions,to include an extension of the golf club and associated uses over the subject lands,onc~the Environmental Assessment is completed. Comment: Official Plan and Zoning By-law Pickering Official Plan -Agricultural Areas Zoning By-law 3037 as amended by By-law 3155/89,4825/96 and 6847/08 -"A(T-GPF), AfGC &02/GC" Appropriateness of the Application •the intent of the zoning by-law is to provide uses that are appropriate for the subject lands •a golf practice facility use is currently permitted on the subject lands and no changes to the subject property are proposed •the continuance of a golf practice facility on a temporary basis does not appear to have any adverse effects on the surrounding area,and will not compromise the ongoing Environmental Assessment process •the applicant intends to submit a zoning amendment application for permanent golf course uses on the subject lands once road alignments are confirmed through the ongoing Seaton Environment Assessment process •an extension of the golf practice facility use for 18 months is considered appropriate to allow for continued use until the completion of the Seaton Environmental Assessm"ent •the intent of the zoning by-law would be maintained Report PICA 22/11 Date of report:June 29,2011 Comments prepared by: ~~ Mila Yeung\~~\) Planner I MY:MW:ld cofaireportsJ2011Jpca22-11.doc Enclosures July 6,2011 Page 3 13 ~W~ Marg Wouters,MCIP,RPP Manager,Development Review & Urban Design "14 City of Pickering SUBJECTPROPERTY Planning &Development Department PROPERTY DESCRIPTION South Part Lot 29,30,Concession 4,40R-18997,Part 1,2 OWNER Whitevale Golf Club FILE No.PICA 22/11 DATE May 27,2011 SCALE 1:10,000 DRAWN BY JB CHECKED BY RP PN-RUR 15 Information Compiled from Applicant's Submitted Plan PICA 22/11 Whitevale Golf Club This map was produced by the City of Pickering Planning &Development Department, Planning Information Services Mapping and Design,June 20,2011. Report to Committee of Adjustment Application Number:PICA 23/11 Meeting Date:July 6,2011 From: Subject: Application: Marg Wouters,MCIP,RPP Manager,Development Review &Urban Design Committee of Adjustment Application PICA 23/11 J.&J.Will 1881 Spruce Hill Road (Lot 70,RCP Plan 1041,Part 1,40R-25049) City of Picke(ing The applicant requests relief from Zoning By-law 3036,to permit a side yard width of 0.5 metres to an existing shed,whereas the by-law requires a minimum side yard width of 1.0 metre for an accessory structure. The applicant requests approval of this variance in order to obtain zoning compliance. Recommendation: The Planning &Development Department considers 1he 0.5 metre side yard width to an existing shed 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 Appro,val of the proposed variance,subject to the following condition: 1.That this variance apply only to the existing shed,as generally sited and outlined on the applicant's submitted plan. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Area -Low Density Area"within the Dunbarton Neighbourhood Zoning By-law 3036 -"R4"-Fourth Density Residential Report PICA 23/11 Appropriateness of the Application Accessory Structure Side Yard Width Variance July 6,2011 Page 2 17 •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,that the eaves/overhangs do not encroach on adjacent properties,that roof drainage stays on the subject property,and to minimize their visual impact on adjacent properties •the location of the storage shed is an existing condition and does not appear to have a negative visual impact on the adjacent properties •the owner has ensured there is adequate space for maintenance and lot drainage between the side property line and existing shed •roof water runoff from the accessory structure does not appear to impact adjacent properties and can be maintained on the subject property •the intent of the zoning by-law is maintained Date of report:June 29,2011 ;:5\5 ~i-=:I; ~~a~RPp Planner I AY:MW:ld cofaireports/2011/pca23-11.dOC Enclosures 11J...-w~ Marg Wouters,MCIP,RPP Manager,Development Review & Urban Design -------------------------------------~------------- 18 o«ofr: >ii:o wU::Jfr: Q.. (f) '::::fr:o - GLENANNA -1 -1:::< ~z ~~/}~ ~I ,I,PJ=~\\ ~-~GABLEHURST~J=:: I II I I I I CRESCENT II ~ ="'"I l ==~........•.......,COURT Y ~ ~6 ~~ri0::------~-~o-/c--fr: -[IJ-I-1_~- AVENUE I~ - - BONITA BO/'v,ITA _ - L---J r-PA~-~ ~---.....,~_3:&--«---LL_...".......,. -0--_0- ----'_0 -r-,-~- --.-0 --1 _~ -\---« ----,LL==\' )"/ ) LANE ( WINGARDEN CRESCENTffj~V~~~rrf r-: (f) \ \. "-"-\ \\ \ \ \ ..- :::<d\SUBJEt'::r'JTV o«ofr: wU::Jfr: Q.. (f) ~ STROUDS I'~~II =~ ---- --- woii) ~"---(f- I I I \ \ \ \n'\I \\ \.\"\ ROAD PARK ~ZSI COURT _ GANDA TSETIAGON PUBLIC SCHOOL UNA J.McPHERSON I I I --- - - ~--- --::j "'" \I MILLBANK Planning &Development Department PROPERTY DESCRIPTION Plan 1041,RCP Lot 70,RP 40R-25049,Part 1 OWNER J.&J.Will DATE June 7,2011 FILE No.PICA 23/11 SCALE 1 :5,000 HEDGEROW PL. /1-- ~- -0-~ 'SHA::::OOK ==fr: City of Pickering --- I-- I oH~ < ( \" DRAWN BY JB CHECKED BY RP l' PN-11 19 Information Compiled from Applicant's Submitted Plan PICA 23/11 J.&J.Will o permit a 0.5 metre side ard width to an existing shed,in the side yard E lC) o 1~-vtv:Ml:t.DO m::o::a:::;=====«'07.7; -"I chain link fence ~~.a., EXISTING SHED .~I'~ "•..~.-'~,,,,,,.. "• EXISTING. DWELLING --1.110 mo 7.8CJ m This map was produced by the City of Pickering Planning &Development Department, .Planning Information Services Mapping and Design,June 20,2011. Report to Committee of Adjustment Application Number:PICA 24/11 Meeting Date:July 6,2011 From: Subject: Application: Marg Wouters,MCIP,RPP Manager,Development Review &Urban Design Committee of Adjustment Application PICA 24/11 E.Mason 434 Churchwin Street (Lot 67,Plan 21) City of Pickering The applicant requests relief from Zoning By-law 3037 as amended by By-law 2677/88, to permit an existing lot area of 1,006 square metres,a side yard width of 1.2 metres to the existing dwelling and proposed addition,a front yard depth of 8.8 metres to the proposed covered porch and a front yard depth of 4.9 metres to the existing dwelling, whereas,the by-law requires a minimum lot area of 3,000 square metres,a side yard width of 2.4 metres and front yard depth of 9.0 metres. The applicant requests approval of these variances in order to obtain a Heritage District Permit,building permit and zoning compliance for a proposed two storey addition to the existing dwelling. Recommendation: The Planning &Development Department considers the a lot area of 1,006 square metres,a side yard width of 1.2 metres to the existing dwelling and proposed addition,a front yard depth of 8.8 metres to the proposed covered porch and a front yard depth of 4.9 metres to the existing 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 the proposed variances,subject to the following conditions: 1.That these variances apply only to the existing dwelling and proposed addition as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtains a Heritage District Permit and a building permit for the proposed construction by July 5,2013,or this decision shall become null and void. Report PICA 24/11 July 6,2011 Page 2 21 Background: The subject property is located within the Whitevale Heritage District,and therefore a Heritage District Permit is required for changes to the dwelling. The Committee of Adjustment has approved a number of minor variances on the subject property over the years.Since the notice of the public hearing,a variance for a front yard depth of 4.9 metres to the existing dwelling and for a front yard depth of 8.8 metres to the proposed covered porch,have been added to this application to recognize the existing dwelling and a proposed porch addition. Comment: Official Plan and Zoning By-law Pickering Official Plan -Rural Settlements -Rural Hamlets Zoning By-law 3037 as amended by By-law 2677/88 -"HMR3" 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 lot area of 1 ,006 square metres is an existing condition,in keeping with the character and size of existing lots within the surrounding area •the intent of the zoning by-law would be maintained Side Yard Width Variance •the intent of the minimum side yard width of 2.4 metres is to provide an appropriate buffer space between structures on abutting properties •the side yard width of 1.2 metres to the existing dwelling is an existing situation •the proposed side yard width of 1.2 metres to the proposed addition is considered appropriate as it is consistent with the existing dwelling as no development is contemplated on the abutting property to the west,given its designation as "Open Space System -Natural Areas"in the Official Plan •the intent of the zoning by-law would be maintained Report PICA 24/11 22 Front Yard Depth Variance July 6,2011 Page 3 •the intent of the front yard depth requirement is to provide an adequate buffer space between a building and street activity,and to provide an adequate landscaped area at the front of the property •the proposed 4.9 metre front yard depth to the existing dwelling is an existing condition,recognized through previous variances •the proposed 8.8 metre front yard depth to the proposed covered porch will provide adequate buffer space between street activity and provide an adequate landscaped area within the front,of the property •the intent of the zoning by-law would be maintained Date of report:June 29,2011 Comments prepared by:~ch Mila Yeung Planner I MY:MW:ld cofaJreports/20111pca24~11.doc Enclosures .1u.(/)~j) Marg Wouters,MCIP,RPP Manager,Development Review & Urban Design 23 ~/' WHIT EVAL]~L:.J ~-~SUBJECT ,..:IPROPERTY(f) 01 \ST IEET ------....WH/TEVALE UN/TED CHURCHII\ It -l I I-l~ WHITEVALE ROADJI,..: (f) T r-- z WH/TEVALE i?COMMUNITY I i~,CENTRE ..--&PARK LJ 0« -WH/TEVAU 0 Il::"'-PUBLIC ~ ~ LIBRARY - [ ( .~ i..L -l0G City of Pickering Planning &Development Department PROPERTY DESCRIPTION Lot 67,Plan 21 l'OWNER E.Mason DATE June 9,20.11 DRAWN BY JB FILE No.PICA 24/11 SCALE 1 :5,0.0.0.CHECKED BY RP o~a ~ourc ••:PN.RUR~~~~;e~p:o.nJe~n~8~~81~~'DD~~c:,,!t~ua':fcp~~':.nlRe~~~egd~t.N~e~e~:'od~~?ts~~I:.n ot survey. 24 Information Compiled from Applicant's Submitted Plan PICA 24/11 E.Mason zc:"-'~rC7.~, ~:~y;~~;.~ (-.I" To permit a 4.9 metre front .yard depth to an existing dwelling To permit an 8.8 metre front yard depth to a front porch addition -"'-~.••"1;;.---n ENo I.() i! I'P ;F' /i;,",;//.W:/.~_."'1Z'. 20.401 I J. :~, CHURCHWIN STREET :~lfj[ ')J'\,." To permit a lot area of 1006 square metres This map was produced by the City of Pickering Planning &Development Department. Planning Information Services Mapping and Design.June 20,2011. Report to Committee of Adjustment Application Number:PICA 25/11 Meeting Date:July 6,2011 25 From: Subject: Application: Marg Wouters,MCIP,RPP Manager Development Review &Urban Design Committee of Adjustment Application PICA 25/11 K.Kwapich 1296 Commerce Street (Part Lot 4,Block C,Plan 65,Part 3,40R-11704) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a front yard depth of 4.6 metres and an east side yard width of 0.7 metres to a proposed one and two-storey addition to an existing detached dwelling,whereas the by-law requires a front yard depth of 7.5 metres and a side yard width of 1.5 metres. The applicant requests approval of these variances in order to obtain a building permit for a proposed additipn to the existing detached dwelling. Recommendation: The Planning &Development Department considers the side yard width of 0.7 metres to a two-storey addition to an existing detached dwelling to be a major variance that is not desirable for the 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. And The Planning &Development Department considers the front yard depth of 4.6 metres to the proposed one-storey addition 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 one-storey addition,as generally sited and outlined on the applicant's submitted plans. 2.ThaUhe applicant obtains a building permit for the proposed construction by July 5,2013 or this decision shall become null and void. Report PICA 25/11 26 Comment: July 6,2011 Page 2 Official Plan and Zoning By-law Pickering Official Plan -Urban Residential Areas -Low Density Areas Zoning By-law 2511 -"R4"-Fourth Density Zone Appropriateness of the Application Front Yard Depth Variance •the intent of the front yard depth of 7.5 metres is to provide an adequate buffer space between the building and street activity,and to provide an adequate Jandscaped area at the front of the property •the variance for a 4.6 metre front yard depth would apply only to the proposed one-storey addition at the front of the house,which comprises only approximately 50 percent of the front fac;ade of the existing dwelling;the proposed variance would maintain the neighbourhood character on Commerce Street,provide an appropriate buffer space and provide an adequate landscaped area within the front yard of the property •the intent of the zoning by-law would be maintained East Side Yard,Width Variance •the intent of the minimum side yard widths of 1.5 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 proposed side yard width of 0.7 metres to the proposed two-storey addition on the east side of the house would not provide an appropriate buffer between the existing dwelling and the abutting property,and would have an adverse effect on the character of the neighbourho9d on Commerce Street •the proposed two-storey addition eliminates access to the rear yard on the east side yard of the subject property •the intent of the zoning by-law would not be maintained Date of report:June 29,2011 Comments prepared by: ~~nn Planner I MY:MW:ld cofa/reports/2011/pca25-11 ,doc Enclosures '1«(;J Q1J1:LlL/ Marg Wouters,MCIP,RPP Manager Development Review &Urban Design -I=~ ~-r ~~f SHEARER _~ LA~E ~~ f-- -w--::>-z__w_~----- 27 - - DRIVE STREET I-- -r-I-- AVENUE I_f'T'I-~_0 _Z .--- STREET HOLY REDEEMER SEPARATE pCHOOL o '::OMMERCE «-STREET ~1--PARK COMMERCE I ~ll OLD ORCHARD AVENUE 6 ~I ~ '"'>8 ~NICA COOK....I II 12'/, =i 1li ~qL IUINA ~RT~ AVE."1* ~\'\I FOXGLOVEI'---.ILONA PARK ~-nn~ ROAD L r-' ~ I--- BROWNING -- PARk~/~~~ ~~~"'W- ~\~__C-?~_ ~~....1-_ ~0-__==rrrrill ~'r- _w I I I I.J--LL-HALLER AVENUE-~I I-w-~--- ~I P 1'1'1 r-'I"~'I i8i~.-s-\COMMERCE STREET PRO ESS t=:=~-ll FRENC N'-tii--- ~--BROADVIEWBAYSTtJ:1-~<5 PA ~_0-w~0..~-1 To::- ANNLAND ~ ~~,L--J -l= FRENCHMAN'S BAY ~r---_ WHARF STREET \\I Jlill ~~---1 ~-II J~~. ,~"\..__0 ~ City of Pickering -c- hi I ~t I~ViI TERP~}~ STR:.y:..1 PROPERTY DESCRIPTION Plan 65,Block C,Part Lot 4,40R-11704,Part 3 OWNER K.Kwapich DATE June 13,2011 FILE No.PICA 25/11 SCALE 1 :5,000 DRAWN BY JB CHECKED BY RP l' PN.2 28 Information Compiled from Applicant's Submitted Plan PICA 25/11 K.Kwapich 19.1m To permit a 4.6 front yard depth iI. _~UNE!I.I i BUiL01NGUNB ReAAym ~~:~j' I I~se I ~!I~0 ~'"II.~""~ ~I I -"---:31"''.a.7mII[Q]~"E'I ~--:!:--~~--1!~I ~!E~.,..I 111 tniJ i co~,I ~;!~,.-"".f ~I J I1 COMMERCE STREET This map was produced by the City of Pickering Planning &Development Department, Planning Information Services Mapping and Design,June 20,2011. Report to Committee of Adjustment Application Number:PICA 26/11 Meeting Date:July 6,2011 29 From: Subject: Application: Marg Wouters,MCIP,RPP Manager,Development Review &Urban Design Committee of Adjustment Application PICA 26/11 U.&D.Schorn 1760 Finch Avenue (South Part of Lot 18,Concession 2,Part 2,40R-8590) City of Pickering The applicant requests relief from Zoning By-law 3036,to permit a 28 square metre addition to an existing guest house located in the Greenbelt Zone,whereas the by-law does not permit residential uses in the Greenbelt Zone.. The applicant requests approval of this variance in order to obtain a building permit. Recommendation: Consideration of the application to permit a 28 square metre addition to an existing guest house is premature until staff confirms the legal status of the guest house and determines whether the addition is appropriate,and comments are received from the Toronto and Region Conservation Authority.Therefore it is recommended that the application be Tabled until such information is available to the Planning &Development Department. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Medium Density Areas"within the Village East Neighbourhood Zoning By-law -3036 -"R3 -Third Density Residential Zone""G -Greenbelt Zone" Residential development within an area zoned "Greenbelf'is not permitted within this zoning by-law. Report PICA 26/11 30 Appropriateness of the Application July 6,2011 Page 2 The subject property is situated within a flood plain Special Policy Area.Development is permitted in these areas with appropriate flood protection measures.The property contains a dwelling and a number of accessory buildings,one of which is being used as a guest house. Further research "is required to confirm the legal.status of the guest house and the appropriateness of expanding the guest house for residential uses. In addition,the Toronto and Region Conservation Authority (TRCA)requires the applicant to provide evidence that the proposed addition to the guest house can be adequately flood-proofed prior to considering this application. Input From Other Sources Toronto and Region Conservation Authority Date of report:June 29,2011 AY:MW:ld cofaJreports/2011Jpca26-11.doc Enclosures •recommend that the application be tabled until further technical submissions are submitted to TRCA to determine the technical feasibility of the proposal •a TRCA permit is required prior to building construction .itt UJ o():trM~ Marg Wouters,MCIP,RPP Manager,Development Review & Urban Design 31 ~11 II H I ~/),',,-..•<~<///)\ PICKERING ,,-//\!#CRESCENT 0 BAPTIST (CD '\/--<\I iJL «COMMUNITY \_.-1 0 CHURCH \:~;-\L III 0::l---~-'J\\~-J ROAD -'-'-\-,.\~.~\1/ _. ~~_.--" 1:::.\'I ~,-<:...\'...-----/ .///t:!r 1=t-~Z UW U 0 ,-w ~Ul Il:::If---~--w £Il f--Il:::-Il:::,f--a z u PICKERINGf--0 f--~ISLAMICI---Z -CENTREf---£Il -W f---~-w.I-...J-I ~I~L~H Il::: V Lr~ ~r-- 'v!UNITY PARK ::::::---~---...----/~:\ ~--, ~ ~~ra:-~CRESC;L"illIIrrrr-Ili~v ::/PRcptl 'h aJ::.1 Il::: ~~~ iiiw::>...J I £Il TTrmnff mn\\\\\\11111111 FINCH AVENUE FINCH AVENUE r"""--'B~\rDURHA tf ROAD I--I--REGION.L ~~ I'f---POLICE:f...-a 25rh 1/f---«'--1$2 DIVISIO V ~t- f--~:;:::::;w III>1--f--?~t---f--E:: -,~-~w ==>--ik::=-a -~--w f-- -...JI-----J ('w >>-It-- ~ ik:-::>a 0 --Ul - W --~-a -- Il:::-W -- £Il -=...::azUl I---I -«z -£Il I---Il:::\(::>1TI,\CD L- City'of Pickering Planning &Development Department PROPERTY DESCRIPTION Concession 2 South Part Lot 18,40R-8590,Part 2 l'OWNER U.&D.Schorn DATE June 16,2011 DRAWN BY JB .FILE No.PICA 26/11 SCALE 1 :5,000 CHECKED BY RP a~a ::tource.:PN.2~~b6;e~p~cie::~s~~.1~~"nn~r.c:..~t~lIe':ff~~~raR.~~':e~~taN~e~e~::,dri~:,ts~~~.n of Burve)'_ 32 Information Compiled from Applicant's Submitted Plan PICA 26/11 U.&D.Schorn EXISTING // DWELLING .' To permit a 28 square metre addition to an existing guest house located in the Greenbelt zone ..•.,. N ~I ...•.,. f""------,--~.•...-:...'----n I //.~."'}..;-:~;,~<:',~. !1/i ./ \.' "/ ~\\, Eo 0) CD I 24.3m FINCH AVENUE This map was produced by the City of Pickering Planning &Development Department, Planning Information Services Mapping and Design,June 20,2011. I"------------------- 33-- Information Compiled from Applicant's Submitted Plan PICA 26/11 U.&D.Schorn -----r-'-=.~_,-,----._..,,:..--~:.-._"-'-~ 4.8m_J _o ill 8SOUTH ELEVATION -9EST ELEVATION E('f) OJ UTILITIES Etc BED 1 KITCI-£ 7.5m 8GROUND FLOOR' I I BED 3IIII I I I I -rooI IIjII LANDING III I I I I I I BED 2 DECK ..- 8UPPER FLOOR .This map was produced by the City of Pickering Planning &Development Department, Planning Infonnation Services Mapping and Design,June 20,2011.