The URL can be used to link to this page

Home My WebLink AboutSeptember 28, 2011-= ....�� - � _ �'LL:i% i � ' � mm I�aT.3�.� �` (�) (II) Adoption of Agenda Committee of Adjustment Agenda Wednesday, September 28, 2011 7:OU pm Main Committee Room Adoption of Minutes from September 7, 2011 (III) Reports 1. P/CA 49/11 — Rule Estate Inc. 1310 1312 Altona Road (Part of Lot 33, Broken Frontage Concession Range 3, Part 1 40R-10160) City of Pickering 2. P/CA 50/11 — Church Street Portfolio Inc. 1400 Church Street (Part Lot 15, 16, B.F.C. Range 3, Parts 1, 4, 5, 8, 32, 34, 38-40, 46, 49 — 51, 40R-22677) City of Pickering 3. P/CA 51/11 — S. & M. Kinghorn 585 Marksbury Road (Lot 30, Plan 311) City of Pickering 4. P/CA 52/11 — D. McCormick 1317 Broadview Street (Lot 18, Plan 407) City of Pickering 5. P/CA 54/11 — R. Peters 584 Marksbury Road (South Part Lot43, Plan 311) City of Pickering (IV) Adjournment Page Number 1-8 9-13 14-17 18-22 23-26 27-32 Accessible For information related to accessibility requirements please contact � Lesley Dunne P I C K E F� �.�N G T. 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:- Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Ross Pym, Secretary-Treasurer (I) (II) Adoption of Aqenda Moved by Bili Utton Seconded by Shirley Van Steen Committee of Adjustment Meeting Minutes Wednesday, September 7, 2011 7:00 pm Main Committee Room That the agenda for the Wednesday, September 7, 2011 meeting be adopted. Carried Unanimously Adoption of Minutes Moved by Shirley Van Steen Seconded by Bill Utton That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, August 18, 2011 be adopted. Carried 1 Q� .� == �, � �,��i��_ � —: � „^ '" , � "� �Ma.�!. _, ��,��_',� (III) Reports Committee of Adjustment Meeting Minutes Wednesday, September 7, 2011 P/CA 31/11 to P/CA 34/11 — C. & A. Carlevaris 1487 and 1491 Rosebank Road (Lots 3 and 4, Plan 473) City of Pickering 7:00 pm Main Committee Room The applicants request relief from Zoning By-law 3036 to permit minimum lot frontages of 13.7 metres and to permit minimum side yard widths of 1.2 metres on 4 proposed lots each containing a proposed detached dwelling, whereas the by-law requires each lot to have a minimum lot frontage of 15.0 metres and side yard widths of 1.5 metres (where an attached garage is part of the main dwelling). The applicant requests approval of this variance in order to obtain zoning compliance prior to submitting land division applications. M. Yeung, 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 indicating ail matters related to the development of these properties will be addressed through land division. Written comments were received from the City's Chief Building Official indicated that the applicant is required to confirm the 1.2 metres side yard width with a surveyor prior to framing of the dwellings. Written comments were received from Councillor Kevin Ashe in support of the stafF recommendation. Written comments were received from Region of Durham Health Department expressing no objection to the approval providing the lots are connected to municipal sanitary sewers. Written comments were received from J. & M. McAdam of 538 Barry Drive indicating no objection to the application. J. & M. McAdam do have a concern with the development if the grading would cause water backing up onto their property during the spring and periods of rain. Written comments were received from C. Pye of 540 Barry Drive expressing concerns with drainage. C. Pye would like to make sure the current drainage issue will be addressed and not get worse due to the proposed land division and building of new homes. `a � ' • � • �� "_ � n . c. ¢+�€j� � � 1 �a ,�,� , ; s � .m., i �..3�!. - • � . - • - � - � � �� /�� 11 • • '�• Amanda Lazaridis, agent, was present to represent the application. Stefan Hax of 1481 Rosebank Road, Gerda Willomitzer of 1490 Rosebank Road, Doug Lamacraft & Wendy Aitkens-Lamacraft of 1492 Rosebank Road were present in objection to the application. Amanda Lazaridis explained the applications and indicated the proposed dwellings will be between 3000 to 3500 square feet and provided floor plans of the proposed dwellings for the Committee Members to review. Amanda Lazaridis indicated the proposed dwellings are keeping in character with the surrounding neighbourhood. Stefan Hax expressed concerns the reduced side yard width to 1.2 metres this would significantly restrict access to the rear yard; it may be difficult to install a pool or deck or any such thing requiring machinery or materials. Stefan Hax also expressed concerns with the excavation of the foundation, lack of room to pour footings and to set foundation walls which will lead to damage to his side yard and disturbing the water table, during the excavation process, for the trees that have been planted over the years. Stefan Hax questioned why the lots couid not be divided into three lots which would provide larger lot frontages and would be in keeping with the character of the neighbourhood. Gerda Willomitzer expressed concerns with increased tra�c and snow removal for the proposed properties. Doug Lamacraft & Wendy Aitkens-Lamacraft expressed concerns with the direction the neighbourhood may be heading if the lot frontages are approved. Moved by Tom Copeland Seconded by Bill Utton That applications P/CA 31/11 to P/CA 34/11 by C. & A. Carlevaris, be Approved on the grounds that the minimum lot frontages of 13.7 metres and minimum side yard widths of 1.2 metres on 4 proposed lots 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 lots, as generally sited and outlined on the applicanYs submitted plans. 3 . =- I J" —. ;� t-�„ t��' ,�. �. ..-�,��.�� =� _�.�� . �_��_'�� 2. Committee of Adjustment Meeting Minutes Wednesday, September 7, 2011 7:00 pm Main Committee Room 2. That the applicant submits a registered reference plan to the City of Pickering as part of future land severance applications outlining the dimensions of the proposed 4 lots. 3. That the applicant submit an Architectura� Design Statement to the satisfaction of the Pickering Planning & Development Department as part of future land severance applications addressing matters concerning (but not limited to) front elevations, building height, garage projections, house siting, driveway widths and landscaping for the proposed lots. 4. That the applicant submits a tree preservation plan to the satisfaction of the City as part of future land severance applications. 5. That the applicant obtains final clearance from the Region of Durham for the future land severance applications for the 4 proposed lots by December 24, 2012, or this decision shall become null and void. Carried Unanimously P/CA 38/11 — R. Williamson 2440 Sixth Concession (Part of Lot 11, South Concession 6) City of Pickering The applicant requests relief from Zoning By-law 3037 to permit the construction of a detached garage to be erected in the side yard, whereas the by-law requires all accessory buildings which are not part of the main building shall be erected in the rear yard. The applicant requests approval of this variance in order to obtain a building permit for the proposed detached garage. M. Yeung, 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. Written comments were received from Region of Durham Health Department expressing no objection to the application. Dominik Cuk, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 0 • ' • � • � � "' • �� ` �� . �uj� � y ��,,.� i � � 1 -,� ' � � . ' � � ' � � ._��`.��_'�� . � � � • � � • Moved by Eric Newton Seconded by Bill Utton That application P/CA 38/11 by R. Williamson, be Approved on the grounds that the location of a detached garage in a 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 conditions: 1. That this variance apply only to the proposed detached garage, as generally sited and outlined in the east side yard on the applicanYs submitted plans. 2. That the proposed detached garage comply with the minimum zoning by-law side yard width requirement of 2.4 metres. 3. That the applicant obtains a building permit for the proposed construction by September 6, 2013, or this decision shall become null and void. Carried Unanimously 3. P/CA 39/11 — S. Kuttritz 863 Hillcrest Road (Part Lot 140, Plan M20 West, Part 1& 10, WR160) City of Pickering The applicant requests relief from Zoning By-law 2520 to perrnit a front yard depth of 2.8 metres to a proposed wheelchair accessible ramp, whereas the by-law requires a minimum front yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed wheelchair accessible ramp and raised front door entrance. M. Yeung, 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. Written comments were received from Councillor Kevin Ashe in support of the staff recommendation. �� o� Committee of Adjustment �� Meeting Minutes �?G "�` � � Wednesday, September 7, 2011 7:00 pm Main Committee Room Mark Kuttritz, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. 4. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 39/11 by S. Kuttritz, be Approved on the grounds that the front yard depth of 2.8 metres to a proposed wheelchair accessible ramp 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 Officiai Plan and the Zoning By-law, subject to the foilowing conditions: 1. That this variance applies only to the proposed wheelchair accessible ramp, as generally sited and outlined on the applicanYs submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 6, 2013, or this decision shall become null and void. Carried Unanimously Name A lication # Address Le al Descri tion PCA 40/11 1870 Liatris Drive Unit 3, Block 127, 40M-2437 PCA 41/11 1872 Liatris Drive Unit 4, Block 127, 40M-2437 Mattamy PCA 42/11 1880 Liatris Drive Unit 2, Block 128, 40M-2437 (Brock PCA 43/11 1884 Liatris Drive Unit 4, Block 128, 40M-2437 Road) pCA 44/11 1892 Liatris Drive Unit 2, Block 129, 40M-2437 Limited pCA 45/11 1896 Liatris Drive Unit 4, Block 129, 40M-2437 PCA 46/11 1885 Liatris Drive Unit 3, Block 119, 40M-2437 PCA 47/11 1877 Liatris Drive Unit 2, Block 120, 40M-2437 The applicant requests relief from Zoning By-1aw 3037, as amended by By-law 7020/10 to permit: P/CA 40/11, P/CA 46/11 and P/CA 47/11 west side yard widths of 0.2 metre for a proposed uncovered deck on three separate lots, whereas the by-law requires a minimum side yard width of 0.6 metre to an uncovered deck erected in the rear yard. 0 - • ' • � • � , "' n. � � �i,�� 1 .�� e'T � �s.S `.`-ES' f++v43� 4 ' � � � ' � • ' I _ ..��.��_',� � � � � - ' ] . � �� \ � � �� 2. P/CA 41/11, P/CA 42/11, P/CA 43/11, P/CA 44/11 and P/CA 45/11 east side yard widths of 0.2 metre for a proposed uncovered deck on five separate lots, whereas the by-law requires a minimum side yard width of 0.6 metre to an uncovered deck erected in the rear yard. The applicant requests approval of these variances in order to obtain building permits for eight proposed uncovered decks. M. Yeung, 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 and indicated the applicant will be required to submit revised building permit applications if variance is approved. Written comments were received from Councillor Kevin Ashe in support of the staff recommendation. Bryce Jordan, 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 Eric Newton That application P/CA 40/11 to P/CA 47/11 by Mattamy (Brock Road) Limited, be Approved on the grounds that the west side yard widths of 0.2 metre for three proposed uncovered decks (P/CA 40/11, P/CA 46/11 and P/CA 47/11) and east side yard widths of 0.2 metre for five proposed uncovered decks (P/CA 41/11, P/CA 42/11, P/CA 43/11, P/CA 44/11 and P/CA 45/11) 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: That these variances apply only to the proposed uncovered decks, as generally sited and outlined on the applicanYs submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 6, 2013, or this decision shall become nuli and void. Carried Unanimously (IV) Adiournment Moved by Bill Utton Seconded by Eric Newton 7 . , -- : , {� � � �� E��a�l� � �.. - - - - =. �.� �� Committee of Adjustment Meeting Minutes Wednesday, September 7, 2011 7:00 pm Main Committee Room That the 12th meeting of 2011 the Committee of Adjustment be adjourned at 7:43 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 28, 2011. Carried Unanimously Date Chair Assistant Secretary-Treasurer 0 c�� °� Report to ' ' Committee of Adjustment �� I KERI Application Number: P/CA 49/11 Meeting Date: September 28, 2011 From: Ross Pym, MCIP, RPP Principal Planner— Development Review Subject: Committee of Adjustment Application P/CA 49/11 Rule Estate Inc. 1310 1312 Altona Road (Part of Lot 33, Broken Frontage Concession Range 3, Part 1, 40R-10160) City of Pickering Application: The applicant requests relief from Zoning By-law 3036 to permit a 9.8 square metre two- storey addition onto the northern detached dwelling of the existing legal non-conforming property that contains two detached dwellings, whereas the by-law permits only one detached dwelling on an existing lot. The applicant requests approval of this variance in order to obtain a building permit. Recommendation: The Planning & Development Department considers the 9.8 square metre addition onto the northern detached dwelling of the existing legal non-conforming property 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 Officiai 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 9.8 square metre addition onto the northern detached dwelling, as generally sited and outlined on the applicanYs submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 30, 2011, or this decision shall become null and void. Commenf: The applicant recently applied for a building permit to permit the 9.8 square metre two-storey addition. The Regional Municipality of Durham Health Department have issued a permit for the addition, and The Toronto and Region Conservation Authority anticipates issuing a permit for the addition in the near future. �� Report P/CA 49/11 Official Plan and Zoning By-1aw September 28, 2011 Page 2 Pickering Officiai Plan —"Mixed Use Areas — Mixed Corridors" within the Rougemount Neighbourhood Zoning By-law 3036 —"R3" — Third Density Residential Zone Appropriateness of the Application Extension and Enlargement of Legal Non-Conforming Uses • Section 45 (2) of the Planning Acf provides the Committee of Adjustment with the authority to grant permission to extend or enlarge legal non-conforming buildings and structures • the dwellings on the property existed, and was lawfully used for residentiai purposes, prior to the passing of the current by-law, and is therefore considered to be a legal non-conforming use • the original footprint on the north side of the dwelling (1312 Altona Road) was once reduced, however its reconstruction was never fully completed • the applicant is proposing a small addition to the northern detached dwelling to restore the north side of the building to a safe condition . despite the small addition, the footprint of the existing building has been reduced from its original footprint . the existing residential use has been in existence on the subject property with no adverse affects on the surrounding area and neighbourhood • no adverse impact is imposed on the streetscape • the enlargement and extension of the legal non-conforming use to recognize a 9.8 square metre addition to the northern detached dwelling is considered to be appropriate development for the subject property Input From Other Sources Coordinator, Economic Development Date of report: September 22, 2011 Comments prepared by: � � ��✓' ey Yea , MCIP, RPP Planner I AY:RP:Id wlelreponv2o11/pceaPltdoc Enclosures - no objection to the intensification of the site R s0�/1,� Pym, M , RPP Principal Planner — Development Review 14 �2 permit the extension an existing lawful nor nforming property ntainina two detache� b'� � Information Compiled from ApplicanYs Submitted Plan P/CA 49/11 Rule Estate Inc. (James Ruehle) P� �O ,`O�' 5 ��G '� �„ /�� 1.,,. ...... - I._J E%ISTING 2 STOREY I`, DWELLING � (13'12ALTONAftOAD) i f �, � . � -. _. I �-. . .. �I� � � � '.� E%ISTING 2 STOREY � ^ � DWELLING � (1310ALTONAROAO) % ; �;. i ,i � , i � i � 9m �;�� , � , _. , _. , ;� ,�, , ;� � , � f I I I I � I �EXISTIN � ]RIVEWA I O _.i......... . - .. � '.� � � �J � ' L� 1 i � i � i i J :> � Q � i � I � Y f I � I XISTING I � 9NEWAYI �— I i r�� ' i I E � l � I ' N This map was pmtlucetl by The City OI Pickering Planning 8 Oevelopmenf Departmen( Planning IniormaCion Services Division Mapping AnG Design, Sepc 9,2011 �� Information Compiled from ApplicanYs Submitted Plan P/CA 49/11 Rule Estate Inc. (James Ruehle) �� , �� ao � : ��.ez_� �m�.�� _ . .; . _:� ��ST' OFIYS-. . . • _ . . � � " � � � � � � � �1'M�<' •. • . I ^ � -,.��.I � Nacw.z'a .. �'� � . . � . . . � . .. ' . . � �IX1..�.�yarNVau.v . �J Va m a v�f. rt�>a'G� �YP �>^�• � ............................................. .. .....................�.......�..................�. .................................................................................._.._........ . . . . This map was pmduced by The Ciry O/ Pickering Planning & Deveiopment �epartment, Planning Information Services Division Mappi^9A^tl Design, SepL 9, 2011 �4 c`� °� Report to ; ; Committee of Adjustment KERI Application Number: P/CA 50/11 Meeting Date: September 28, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 50/11 Church Street Portfolio Inc. 1400 Church Street (Parts 1, 4, 5, 8, 32, 34, 38-40, 46, 49-51, 40R-22677) City of Pickering Application: The applicant requests relief from Zoning By-law 2511 to permit an expansion of 19,044 square metres onto the existing warehouse resulting in a total of 450 parking spaces for a warehouse building of up to 88,973 square metres of floor area, whereas the by-law requires 1,589 parking spaces for a warehouse building of up to 88,973 square metres. The applicant requests approval of this variance in order to obtain site plan approval and a building permit for the proposed 19,044 square metres expansion. Recommendation: The Planning & Development Department considers a total of 450 parking spaces for a warehouse building of up to 88,973 square metres 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: That this variance apply only to proposed and existing warehouse building, as generally sited and outlined on the applicanYs submitted plans. 2. That the applicant obtains site plan approval and a building permit for the proposed construction by September 27, 2013, or this decision shail become null and void. Report P/CA 50/11 Comment: Official Plan and Zoning By-law Pickering Officiai Plan — Employment Areas — General Employment Zoning By-law 2511 —"M2S" — Heavy Manufacturing Zone Appropriateness of the Application September 28, 2011 Page 2 � � • the minimum parking space requirement in the zoning by-law is to ensure an adequate amount of parking spaces are provided on site to serve the property users • applying the by-law requirement of 1 parking space for every 56 square metres of gross floor area for warehouse/office resuits in the 1589 parking spaces • the parking report submitted with the application indicated that at peak demand, 191 parking spaces were occupied out of the existing 456 parking spaces supplied onsite resulting with an excess of 265 parking spaces • the projected future demand for parking spaces based on the building expansion will be an addition 55 parking spaces, resulting in a projected peak demand of 246 spaces • 450 parking spaces would be sufficient to accommodate the additional property users in the proposed warehouse expansion addition • the intent of the zoning by-law would be maintained Date of report: September 22, 2011 Comments prepared by: ��°`�Mila Yeung Planner I MY: RP: id mfelrepo�1V30111pce5611doc Enclosures �j.-Ql� �� Ross Pym, MCIP, RPP Principal Planner— Development Review Information Compiled from Applicant's Submitted Plan PICA 50111 Church Street Portfolio Inc. ,; , BAYLY�TF�EET _�� , „ , _. . _ � . . r:• . . . � � , -. — -, .. � �.•�Y ° - � I __ .,n�' - i 5' � ;: ,ti;r, ; ,, _ - I c-� - - =� : � � � r .� � ,_�_u ___ . �- __ __.., £ i. I E�n^l �� U i i cE 'J;iVi�IE.y�`f! hNi�iH�fHFtiiRfhfi�Hj�fµ„��fh*�'N„?H�J � �,_ E ' �9 � r; � �?�klN�rrrar �N�llfff�ll{H�N�1ilti %+I'�{4N^h—�iA�' i � i i � � E _, i � j x N £`x` � � Str ¢ � �: � S zi.�,. � � EXISTING WAREHOUSE ,: i;+ � -_, _ ly � I,�� 4 � j �1 � ��' � ;� _ Ij� U � . d'; ,�. E,_ . ---�---;--r?g _ �� ' I e�E .. � � �h ii . � . . _-- _____ .s--�}!," z� �rmit a total of 450 ng spaces for a house building with 73 square metres of area +Y This map was protluced by Iha Ctly ot Pickenrg Planning 8 Devalopmenl DepatlmeM, Plannin8 ��formation Servicas Mapping antl Design, Sept 8, 2011. c`� °� Report to �g ; ; Committee of Adjustment I I Application Number: P/CA 51/11 Meeting Date: September 28, 2011 From: Ross Pym, MCIP, RPP Principal Planner— Development Review Subject: Committee of Adjustment Application P/CA 51/11 S. & M. Kinghorn 585 Marksbury Road (Lot 30, Plan 311) City of Pickering Application: The applicant requests relief from Zoning By-law 2511 to permit a flankage side yard width of 4.8 metre to a proposed addition, to permit a rear yard depth of 1.8 metres to a proposed detached garage and to permit a height of 3.6 metres for a proposed detached garage whereas the by-law requires a minimum flankage side yard width of 7.5 metres, a minimum rear yard depth of 3.0 metres for accessory structures on a corner lot and a maximum height of 3.5 metres for accessory buildings. The applicant requests approval of these variances in order to obtain building permits for the proposed detached garage and addition onto the existing dwelling. Recommendation: The Planning & Development Department considers a height of 3.6 metres for a proposed detached garage to be a major variance that is 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 variance. And The Planning & Development Department considers the flankage side yard width of 4.8 metres to a proposed addition and a rear yard depth of 1.8 metres to a proposed detached garage 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: That these variances apply only to the proposed detached garage and proposed addition to the existing dwelling, as generally sited and outlined on the applicanYs submitted plans. That the applicant obtains building permits for the proposed construction by September 27, 2013, or this decision shall become null and void. Report P/CA 51/11 September 28, 2011 Page 2 y � Comment: 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 Flankage Side Yard Width Variance • the intent of the flankage side yard width requirement is to provide an adequate buffer space between street activity and to provide an adequate landscaped area in the flankage side yards of the property • the existing flankage side yard width is 5.4 metres, the proposed 4.8 metres flankage side yard width is a minor reduction to an existing situation that appears to have no adverse impact on the streetscape • the front yard depth and flankage side yard width of 4.8 metres will provide adequate buffer space and an landscaped area within flankage side of the property • the intent of the zoning by-law will be maintained Rear Yard Depth Variance • the intent of the minimum 3.0 metres rear yard depth for accessory structures on a corner lot is to maintain an established character of openness and to provide an appropriate buffer space between structures on abutting properties • the proposed rear yard depth of 1.8 metres to the proposed detached garage will maintain an adequate buffer space in the rear yard of the subject property • a useable amenity space will be provided in the rear yard between the proposed addition and the proposed detached garage • a visual character of openness will be maintained should the proposed detached garage not exceed the zoning by-law requirement of maximum accessory building height • the intent of the Zoning By-law would be maintained Accessory Building Height Variance the intent of the maximum accessory building height of 3.5 metres is to minimize the visual impact of accessory buildings on abutting properties and on the streetscape; and to ensure other yards are not significantly obstructed by these structures on the property although the proposed detached garage with a height of 3.6 metres is a small adjustment to the zoning by-law, the proposed development requires a rear yard depth relief which will further intensify the visual impact of accessory buildings on abutting properties and on the streetscape, the proposed detached garage can be easily redesigned to meet the existing by-law requirements to maintain the intent of the zoning by-law Report P/CA 51/11 �� September 28, 2011 Page 3 as the proposed detached garage will have a flat roof, the massing/bulk of the building will be more predominant and is not considered appropriate given the need to locate the building with a reduced rear yard depth the intent of the zoning by-law will not be maintained Date of report: September 22, 2011 Comments prepared by: (�,.w` Mila Yeun Planner I MY:RP:Id ��,��,:o„��s,-„ ao� Enclosures �j.l,1/� � � Ross Pym, MCIP, RPP Principal Planner — Development Review R CADY THE &4 Y DRIVE PoiNr P.4RK I----�� r �� ,11, ,111, ,�, -- 1 -- _- � - � __ • �� ■� �� _ —� �� —� �� • � � �� ' �� •� • �� . �� i� == =�� i : ��:►.�: City of Pickering PROPERTV DESCRIPTION LOt 30, PI0f1 311 OWNER S. & M. Kinghorn FIIE No. P/CA 51 /11 r.ra .�� e�(e.ori.e. mo. a„e ¢. .�oon�... ai .iane. eoi o, .��.v 0 � � J � � m w � 0 _ � � � w 3 .'111"�1„t„1„ ♦��u��t�� i�iimn��ii� �NIINNIIIIII� SUBJECT PROPERTY LAKE ONTAR/O Planning & Development Department DATE Sept. 6� 2071 DRAWN BY ,JB � SCALE 1:5,000 CHECKED BY My N PN-2 21 � Q O � � � � m � Y � Q � 2� Information Compiled from Applicant's Submitted Plan PICA 51111 S. & M. Kinghorn � This mapwas produced by ihe City of Pickering Planning 8 Developmen� pepartment, Planning Informa�ion Serviws Mapq^9 and Design, Sep[ 12, 2011. m c�� Report to ' ' Committee of Adjustment �� I�KERI appr�ac�on Numbe�: Pica, sz�� Meeting Date: September 28, 2011 From: Ross Pym, MCIP, RPP Principal Planner— Development Review Subject: Committee of Adjustment Application P/CA 52/11 D. McCormick 1317 Broadview Street (Lot 18, Plan 407) City of Pickering Application: The appiicant requests relief from Zoning By-law 2511 to permit a rear yard depth of 6.1 metres to a proposed one storey addition and uncovered deck, whereas the by-law requires 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 one storey addition and uncovered deck. Recommendation: The Planning & Development Department considers the rear yard depth of 6.1 metres to a proposed one storey addition and 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 one storey addition and uncovered deck, as generally sited and outlined on the applicanYs submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 27, 2013 or this decision shall become null and void. Report P/CA 52/11 ��x Comment: Official Plan and Zoning By-law September 28, 2011 Pickering Official Plan — Urban Residential Area — Low Density Area Zoning By-law 2511 —"R4" — Fourth Density Area Appropriateness of the Application Rear Yard Depth Variance 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, to maintain an established character of openness, and to provide an appropriate buffer space between structures on abutting properties the proposed rear yard depth of 6.1 metres to the proposed one storey addition and uncovered deck will maintain an adequate amenity space in the rear yard and maintain the existing established character of openness the intent of the Zoning By-law will be maintained Date of report: September 22, 2011 Comments prepared by: ��Mila Yeung Planner I MY: RP:Id �,��ao,,,�z.,, aa� Enclosures /�o-/� �� Ross Pym, MCIP, RPP Principal Planner — Development Review 25 `� 6 Information Compiled from Applicant's Submitted Plan P/CA 52/11 D. McCormick BROADVIEW STREET ..:.__._ . .. _ I i L0T18 �I Z w �II I3D m II � i.e m rolo[iim 9.B m�YJ m i 6] m : I I . ........� � � �. . 1 8 m : RAMP �• Ii' �_ <S m I a ry o E W � I i pm ' U W f . � ONE STORY I EXISTING OWELLING 64 m I�. W.O� m2 j� ' ;Ia o: . I ! i� � s.E I � I � I% I ( u j I � � : B O m : I : 12B m 1 i � ;w :o U ��w ONESTORY � ADOITION � w 13.]9m2 36 m � z m�— 1.5 m 3] m---- 1.8 m � � taioillne 1 ........................................................... ...:.. LOT LiNE 15.1 nf of�6.1 metres to a sed one storey � This map was pmducetl by the City of Pickering Planning S Developmenl �epartmenl. Planning Information Services Mapping and Oesign. Sept 8, 20ti. c�� °� Report to ; ; Committee of Adjustment ?'� —I KERIN Application Number: P/CA 54/11 Meeting Date: September 28, 2011 From: Ross Pym, MCIP, RPP Principal Planner – Development Review Subject: Committee of Adjustment Application P/CA 54/11 R. Peters 584 Marksbury Road (South Part of Lot 43, Plan 311) City of Pickering Application: The appiicant requests relief from Zoning By-law 2511, to permit a proposed second storey addition onto the existing dwelling resulting in a south side yard width of 0.4 metres, a north side yard width of 2.2 metres, and to recognize an existing lot frontage of 10.6 metres, a total lot coverage of 34 percent for all buildings, an existing accessory structures lot coverage of 7.6 percent, a north side yard width of 0.9 metres to an existing accessory building of 17.1 square metres and existing north side yard widths of 0.2 metres to a 9.6 square metres storage shed, a 7.0 square metres storage shed and a 5.9 square metres covered hot tub, whereas the by-law requires a minimum south and north side yard width of 1.5 metres and 2.4 metres respectively, a minimum lot frontage of 15.0 metres, a maximum lot coverage of 33 percent, a maximum lot coverage of 5 percent for all accessory structures, and minimum setbacks of 0.6 metres and 1.0 metres to all accessory structures less than 10 square metres and equal to or greater than 10 square metres respectively. The applicant requests approval of these variances in order to obtain a building permit for a second storey addition. , Recommendation: The Planning & Development Department considers the side yard widths of 0.4 metres and 2.2 metres on a proposed second storey addition, the existing lot frontage of 10.6 metres, a total lot coverage of 34 percent for all buildings, an existing accessory structures lot coverage of 7.6 percent, a 0.9 metres north side yard width to an existing accessory building of 17.1 square metres and existing north side yard widths of 0.2 metres to a 9.6 square metres storage shed, a 7.0 square metres storage shed and a 5.9 square metres covered hot tub, 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: Report P/CA 54/11 �� September 28, 2011 Page 2 1. That these variances apply only to the proposed second storey addition and existing accessory structures, as generally sited and outlined on the applicanYs submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 30, 2013, or this decision to recognize the proposed side yard widths to permit the second storey addition shall become null and void. Background In July 2011, the applicant submitted an application to the Committee of Adjustment (P/CA 37/11) to recognize an existing situation that was overlooked through a previous variance filed in 2008 (P/CA 25/08). The variance for P/CA 37/11 was approved by the Committee of Adjustment. Following the Committee's decision, the applicant applied for a building permit to construct a second storey addition, the applicant was not aware that the proposed south and north side yard setbacks to the second storey also required variances. The Planning Department was not aware that the applicant intended on constructing a second storey addition since the plans submitted with the P/CA 37/11 appiication illustrated a one-storey dwelling instead of a two-storey dwelling. Therefore, the applicant was required to submit this Minor Variance application. As part of this variance application, Planning Staff has decided to recognize previous variances granted by the Committee, as weli as the variances required to permit the second storey addition on the subject property. Comment: Official Plan and Zoning By-�aw Pickering Official Plan —"Urban Residential Area — Low Density Area" within the West Shore Neighbourhood Zoning By-law 2511 —"R4" — Fourth Density Zone Report P/CA 54/11 September 28, 2011 Page 3 ?� � Appropriateness of the Application Side Yard Setback Variances • the intent of the side yard width requirement is to maintain an appropriate buffer space between dweliings and adjacent lots, and to provide adequate access to the rear yard of lots • the proposed setbacks of 0.4 metres along the south side and 2.2 metres along the north side of the existing dwelling currently exists • the addition will have the same exterior perimeter dimensions as the existing dwelling, which will not encroach beyond the existing side yard setbacks established by the original building • the applicanYs proposal to construct a second storey addition on top of the existing dwelling does not appear to negatively impact adjacent lots • if the applicant was to build a second storey addition in compliance with the side yard widths of the zoning by-law, the addition may appear intrusive and out of character with the adjacent lots • the intent of the zoning by-law would be maintained Accessory Structure Setback Variances • the intent of the zoning by-law requiring accessory structures up to 10 square metres to provide a minimum 0.6 metre setbacks or 1.0 metre setbacks for structures equal to or greater than 10 square metres from lot lines is to ensure that adequate maintenance access is available to the sides of the structures, ensure that the eaves 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 setback of 0.9 metres to the north lot line for the most westerly storage shed provides adequate access for maintenance to the side of the structure • the existing setback ensures that the eaves will not encroach on the adjacent properties and that roof drainage is controlled on the subject property • the location of the westerly storage shed does not appear to negatively impact on adjacent properties • the existing setbacks of 0.2 metres to the north lot lines for the remaining accessory buildings on the property do not provide adequate access for maintenance of the structures, however they are existing and were approved through a previous Committee of Adjustment decision (P/CA 25/08) • the intent of the zoning by-law is maintained Existing Lot Frontage Variance the intent of the minimum lot frontage requirement is to ensure a usable lot size that is compatible with the surrounding area the 10.6 metre lot frontage has been a long standing existing situation prior to the passing of this by-law (January 3, 1963) Report P/CA 54/11 3 :� September 28, 2011 Page 4 the existing lot frontage appears to be in keeping with the varying size of other lots within the surrounding neighbourhood the intent of the zoning by-law would be maintained Lot Coverage Variance the intent of the maximum building lot coverage requirement is to maintain an appropriate amount of yard space (amenity area) uncovered by buildings on < lot and to regulate the maximum size and mass of buildings on a Iot an appropriate amount of yard space uncovered by buildings will continue to be maintained • the intent of the zoning by-law would be maintained Accessory Structure Lot Coverage Variance • the intent of the 5 percent maximum accessory structures lot coverage is to ensure the maintenance of an appropriate amount of amenity area uncovered by buildings and to regulate the maximum size and mass of accessory buildings on a lot • the proposed 7.6 percent maximum accessory building lot coverage is an existing situation that have been recognized by the Committee of Adjustment in a previous minor variance application that allowed the accessory structures • the proposed accessory building lot coverage appears to have no adverse impact on the surrounding neighbours • the intent of the zoning by-law would be maintained Input From Other Sources Form letters accompanied with this Minor Variance application were signed by five neighbouring residents acknowledging that they have no objections with the owner's intent to construct a second storey addition. Date of report: September 22, 2011 Comments prepared by: �� > . —,4s�y Yea , CIP, RPP Planner I AY:RP:Id cofa/reports/2011/pca54-11.doc Enclosures �� Ross Pym, MCIP, RPP Principal Planner — Development Review R LADY THE BAY DRIVE ooKOUr Po�ror PARK „", ,1", �� . �� ' �� • �� • �� ■ �� City of Pickering PROPERTY DESCRIPTION S011th Part LOt 43, Plell 317 OWNER R. Peters FILE No. P/CA 54/11 All riYM1t� Ro�rv�d No! o plen oi �urvq. 0 � a > w � � 0 m w � 0 x � � N W 3 3? . 1,1"11„"I,,," 11'1"""1111"1, . . a L4KE ONTAR/O Planning & Development Department DATE Sept. 6� 2011 SCALE 1:5,000 DRAWN BY JB � CHECKED BY MY N PN-2 3 "'. Information Compiled from Applicant's Submitted Plan PICA 54111 R. Peters To recognize a total lot coverage of 34 percent ! for all buildings � c To permit a south side yard width of 0.4 to a i praposed 2 storey o.a M addition '�, �� iING LLIN(� osed ' id.. � i i �_� m -�--i , \� To recognize a setback of 0.9 metres to an existing accessory �� building of 17.1 square � metres 0.9 m ' To recognize a setback of 02 metres to a 9.6 square metre storage shed, 7.0 square metre storage shed, and a 5.9 square metre ' covered hot tub � I To recognize an existing lot coverage of �' _. .\ � 7.6 percent for all � accessory structures permit a north side d width of 22 to a posed 2 storey To recognize an MARKSBURY DRIVE existing of lot frontage of 10.6 metres V • This mep was protlucetl Ey ihe Ci�y of Pickering Planning 8 �evebpment Depa�menl, Planning Informa�ion Services Mapping antl �esign. Sepl. 13, 201�.