HomeMy WebLinkAboutNovember 9, 2011-_ ,..0 � ���— � --
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(I) Adoption of Agenda
Committee of Adjustment
Agenda
Wednesday, November 9, 2011
7:00 pm
Main Committee Room
Page Number
(II) Adoption of Minutes from October 19, 2011 1-7
(III) Reports
1. P/CA 57/11 — OPB Realty Inc.
1355.Kingston Road
(Part Lots 21 & 22, Concession 1)
City of Pickering
2. P/CA 58/11 — S. & R. Fillingham
1820 Pine Grove Avenue
(Part Lot 22, Plan 410)
City of Pickering
8-11
12-15
3. P/CA 59/11 — William Peak Co-Operative Homes Inc. 16-22
1990 Whites Road
(Part of Lot 29, Concession 1, Part 1, 40R-12467)
City of Pickering
(IV) Other Business
1. Adoption of 2012 Meeting Schedule
(V) Adjournment
23
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Email Idunne@cityofpickering.com
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Pending Adoption
Present:
Tom Copeland
David Johnson — Chair
Eric Newton — Vice-Chair
Shirley Van Steen
Also Present:
Mila Yeung, Assistant Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Absent:
Bill Utton
(I) Adoption of Aqenda
Moved by Eric Newton
Seconded by Shirley Van Steen
Committee of Adjustment
Meeting Minutes
Wednesday, October 19, 2011
7:00 pm
Main Committee Room
That the agenda for the Wednesday, October 19, 2011 meeting be adopted.
Carried Unanimously
(II) Adoption of Minutes
Moved by Tom Copeland
Seconded by Shirley Van Steen
That the minutes of the 13th meeting of the Committee of Adjustment held
Wednesday, September 28, 2011 be adopted.
Carried Unanimously
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(III) Reports
P/CA 48/11 — G. Ricupero
340 Whitevale Road
(Concession 5, Part lot 32, Plan 21, Part lot 32, 33, 40R1140, Part 54 to 56,
Part 71, subject to ROW over Part 54, 55)
City of Pickering
The applicant requests relief from Zoning By-law 3037, as amended by By-law
2677/88 to permit a detached garage to be located in the front and side yard,
whereas the by-law requires all accessory structures to be located in the rear
yard.
The applicant requests approval of this variance in order to obtain a building
permit.
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 Durham
Region Health Department expressing no objection to the application.
Tekleab Schewai, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Tekleab Schewai explained the application indicating that the Heritage Pickering
Advisory Committee approved the design of the detached garage to match the
existing dwelling and surrounding area. Tekleab Schewai indicated if the garage
was brought forward on the property it would block a window and conflict with the
septic tank and he also provided an architectural drawing for the Committee to
review.
Moved by Shirley Van Steen
Seconded by Eric Newton
That application P/CA 48/11 by G. Ricupero, be Approved on the grounds that
the detached garage to be located in the front and 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:
2
C�� o� Committee of Adjustment
��� Meeting Minutes
_ � i Wednesday, October 19, 2011 �3
7:00 pm
Main Committee Room
1. That this variance apply only to the proposed detached garage, as generally
sited and outlined on the applicanYs submitted plans.
2. That the applicant obtains a building permit for the proposed construction by
October 18, 2013, or this decision shall become null and void.
Carried Unanimously
Glyn Evans of 350 Whitevale Road arrived at the meeting after the decision of
the application had been made by the Committee. The Committee Chair
acknowledged his presence and advised the application had been approved.
Glyn Evans was present to obtain additional information and clarification on the
height of the proposed detached garage and the east side yard setback to the
proposed garage. �
2. P/CA 53/11 — M. R. Iqbal & S. Zareen
1422 Major Oaks Road
(Lot 58, Plan 40M-1753)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by By-law
4183/93 to permit the parking of a cube van with a height of 2.9 metres and to
permit a parking encroachment of 0.5 metres onto the City's road allowance
whereas the by-law establishes 2.6 metres as the maximum permissible height
of a vehicle to be parked on the exterior of any lot in a residential zone and
requires that no vehicle is to encroach onto any road allowance.
The applicant requests approval of this variance in order to obtain zoning
compliance.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending refusal. A
neighbourhood petition submitted with the application with six signatures
indicting no objection to the application.
Written comments were received from the City's Development Control Manager
indicating the applicant should not be given permission to park within the City's
right-of-way through this minor variance.
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Written comments were also received from the City's Supervisor, Engineering &
Capital Works indicating Engineering Services does not approve the request to
encroach on City property for vehicular parking.
No representation was present to represent the application. Mohamed Sa�e of
1427 Major Oaks Road was present in favour of the appiication. Tim Waddell of
1419 Major Oaks Road was present in objection to the application.
Mohamed Saffie indicated the cube van provides a family income and the
application is minor in nature.
Tim Waddell expressed several concerns with the application indicating the cube
van is out of character to the surrounding neighbourhood, decrease property
value and the safety of children. Tim Waddell also noted he agrees with staff
recommendation for refusal and provided the Committee Members with pictures
showing an orange like substance leaking from the cube van.
Moved by Eric Newton
Seconded by Tom Copeland
That application P/CA 53/11 by M. R. Iqbal & S. Zareen, be Refused on the
grounds that the parking of a cube van with a height of 2.9 metre and a parking
encroachment of 0.5 metres onto the City's road allowance are major variances
that are not desirable for the appropriate development of the land, and not in
keeping with the general intent and purpose of the Official Plan and the Zoning
By-law.
Carried Unanimously
M.R. Iqbal arrived at the meeting after the decision of the application had been
made. The Committee had already considered other applications and the public
that was present for the application had already departed. The Committee Chair
acknowledged the presence of M.R. Iqbal and expiained that the application was
refused by the Committee.
M.R. Iqbal explained the application and asked the Committee to reconsider their
decision to refuse the application. The Committee Chair explained to M.R. Iqbal
that the Committee has made a decision on the application and they would not
be reconsidering the matter. Further, the owner was advised of the right to
appeal the Committee's decision to the Ontario Municipal Board. M. Yeung,
Assistant Secretary-Treasurer explained the appeal process to M.R. Iqbal.
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P/CA 55/11 — R. Pacione
5465 Hoxton Street
(North Part Lot 18, Concession 9)
City of Pickering
Committee of Adjustment
Meeting Minutes
Wednesday, October 19, 2011
7:00 pm
Main Committee Room
The applicant requests relief from Zoning By-law 3037, to permit a detached 3 car
garage to be located in the front yard, whereas the by-law requires all accessory
structures to be located in the rear yard.
The applicant requests approval of this variance in order to obtain a building
permit for the proposed 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 received from the City's
Development Control Manager expressing no concerns. Written comments were
received from the Durham Region Health Department and the Toronto and
Region Conservation Authority both indicating no objection to the application.
Written comments were also received from P. Wood of Claremo nt in support of
the application.
Joe Pacione, agent, and Robert Pacione, owner, were present to represent the
application. No further representation was present in favour of or in objection to
the application.
Moved by Shirley Van Steen
Seconded by Eric Newton
That application P/CA 55/11 by R. Pacione, be Approved on the grounds that
the detached 3 car garage to be located in the front 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:
That this variance apply only to the detached 3 car garage, as generally sited
and outlined on the applicanYs submitted plans.
2. As part of the building permit submission, the applicant ensures that no
habitable space is proposed within the proposed detached garage.
3. That the applicant obtains a building permit for the proposed construction by
October 18, 2013, or this decision shall become null and void.
Carried Unanimously
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4. P/CA 56/11 — K. & T. Corrigan
4873 Lorn Street
(Lot 52, 53, Plan 43)
City of Pickering
The applicant requests relief from Zoning By-law 3037 to permit an existing front
yard depth of 7.8 metres to the existing dwelling and to permit a lot area of
1,148 square metres to facilitate a proposed land severance, whereas the by-law
requires a minimum front yard depth of 9.0 metres and a minimum lot area of
1,390 square metres.
The applicant requests approval of this variance in order to obtain zoning
compliance for a future land severance. .
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 expressing no concerns. Written comments were
received from the Durham Region Health Department expressing no objection to
the application.
Written comments were also received from the City's Supervisor, Building
Permits indicating the applicant should demonstrate, via calculations that spatial
separation requirements in the Ontario Building Code are met, based on the
location of the new property/severance line.
Peter Barton, agenf, 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, Peter Barton explained
that the primary and reserved areas illustrated on the applicant submitted plans
are requirements according to the Lot Sizing Policy of the Region of Durham's
Health Department for the future septic system for the future land severance
application.
Moved by Tom Copeland
Seconded by Shirley Van Steen
That application P/CA 56/11 by K. & T. Corrigan, be Approved on the grounds
that the front yard depth of 7.8 metres to the existing dwelling and a lot area of
1,148 square metres are minor variances that are desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of
the Official Plan and the Zoning By-law, subject to the following conditions:
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C�� o� Committee of Adjustment
��� Meeting Minutes
_` � � Wednesday, October 19, 2011 �17
7:00 pm
Main Committee Room
1. That these variances apply only to the existing dwelling and proposed
severance, as generally sited and outlined on the applicanYs submitted plans.
2. That the applicant resolves all matters of building compliance in relation to
the existing buiiding and the proposed lot line to the satisfaction of the Chief
Building Official prior to receiving final clearance for a future land severance.
3. That the applicant obtains final approval from the Durham Region Land Division
Committee for consent for the proposed severance by October 18, 2013, or
this decision shall become null and void.
Carried Unanimously
(I�/) Adiournment
Moved by Eric Newton
Seconded by Shirley Van Steen
That the 14th meeting of 2011 the Committee of Adjustment be adjourned at.
7:32 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, November 9, 2011.
Carried Unanimously
Date
Chair
Assistant Secretary-Treasurer
7
c�� °� Report to
�$ ' ' Committee of Adjustment
I KERI Application Number: P/CA 57/11
Meeting Date: November 9, 2011
From: Ross Pym, MCIP, RPP
Principal Planner— Development Review
Subject: Committee of Adjustment Application P/CA 57/11
OPB Realty Inc.
1355 Kingston Road
(Part Lots 21 & 22, Concession 1)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3036 amended by By-laws 5994l02,
5806/01, 2472187 and 1581/82 to permit a proposed restaurant in the southwest corner
of Kingston Road and Glenanna Road that will provide a Kingston Road setback of
7.2 metres and a Glenanna Road setback of 4.0 metres, whereas the by-law requires a
minimum Kingston Road setback of 14.0 metres and a minimum Glenanna Road
setback of 9.0 metres.
The applicant requests approval of this variance in order to obtain a building permit and
site plan approval.
Recommendation:
The Planning & Development Department considers the Kingston Road setback of
7.2 metres and Glenanna Road setback of 4.0 metres 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 proposed restaurant, as generally sited
and outlined on the applicanYs submitted plans.
2. That the app�icant obtains a building permit for the proposed construction by
November 8, 2013, or this decision shall become null and void.
Report P/CA 57/11
Comment:
Official Plan and Zoning By-law
November 9, 2011
Page 2 � �
Pickering Official Plan —"Mixed Used Areas — Downtown Core" within the Town Centre
Neighbourhood
Zoning By-law 3036 as amended by By-laws 5994/02, 5806/01, 2472/87 and 1581/82 —
"MCA-1"
Appropriateness of the Application
Setback Variances
• the building setbacks for the subject property are intended to provide an
appropriate and functional setbacks for development of the subject lands and to
limit the location of future buildings to ensure that their location does not conflict
with surrounding land uses
• the proposed restaurant will provide a 7.2 metre Kingston Road setback and a
4.0 metre Glenanna Road setback which provides for an appropriate and
functional development of the subject property and does not appear to conflict
with surrounding land uses
• the majority of the proposed building falls within the defined building envelopes
as required by the zoning by-law
• the intent of the zoning by-law would be maintained
Date of report: November 2, 2011
Comments prepared by:
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Mila Yeung
Planner I
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Enclosures
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Ross Pym, MCIP,'RPP
Principal Planner— Development Review
Information Compiled from ApplicanYs
Submitted Pian
P/CA 57/11
OPB Realty
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C�� °� Report to
' ; Committee of Adjustment
I K 1 Application Number: P/CA 58/11
Meeting Date: November 9, 2011
From: Ross Pym, MCIP, RPP
Principal Planner— Development Review
Subject: Committee of Adjustment Application P/CA 58/11
S. & R. Fillingham
1820 Pine Grove Avenue
(Part Lot 22, Plan 410)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3036 to permit an existing shed to be
located in the south side yard, whereas the by-law requires all accessory structures to
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 existing shed located in the
south side yard 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 conditians:
1. That this variance apply only to the existing shed located in the south side
yard, as generally sited and outlined on the applicanYs submitted plans.
Report P/CA 58/11
Comment:
Official Plan and Zoning By-law
November 9, 2011
Page 2 � �
Pickering O�cial Plan —"Urban Residential Areas — Low Density Areas" within the
Highbush Neighbourhood
Zoning By-law 3036 —"R4" — Fourth Density Zone
Appropriateness of the Application
Accessory Structure in Side Yard Variance
• the intent of the requirement to locate detached accessory structures in the
rear yard is to maintain the character of the area and to ensure adequate
access between the front yard and the rear yard of the lot is provided
• the existing shed provides sufficient separation behnreen the property lot lines
and the existing shed
• existing shed does not obstruct access between the front and rear yards and
has no adverse impact on the surrounding neighbours or character of the
neighbourhood
• the shed is an existing situation that is heavily screen by existing mature trees
• the intent of the zoning by-law will be maintained
Date of report: November 2, 2011
Comments prepared by:
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Planner I
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Enclosures
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Ross Pym, MCI ,� RPP
Principal Planner— Development Review
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P/CA 58/11
S. 8. R. Fillingham
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��w °� Report to
-'-�' ' ' Committee of Adjustment
I�KERI Application Number: P/CA 59/11
Meeting Date: November 9, 2011
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 59/11
William Peak Co-Operative Homes Inc.
1990 Whites Road
(Part of Lot 29, Concession1, Part, 40R-12467)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3036, as amended by By-law 2911/88 to
permit a maximum of 75 children within a day nursery and to permit 181 parking spaces
on the subject property, whereas the by-law permits a maximum of 40 children within a
day nursery and requires a minimum of 186 parking spaces on the subject property.
The applicant requests approval of these variances in order to obtain permanent zoning
compliance as a previous temporary variance for the expanded day nursery will expire.
Recommendation:
The Planning & Development Department considers a maximum of 75 children within a
day nursery and 181 parking spaces on the subject property 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 day nursery facility, as
generally sited and outlined on the applicanYs submitted plans.
2. That the activity room floor area on the second floor be limited to a maximum
of 84 square metres for a day nursery use.
That the combined activity room floor area for the day nursery on the site be
limited to a maximum of 254 square metres.
4. That the applicant provides evidences to the City of Pickering that appropriate
up-to-date approvals and/or a license from the Ministry of Community and
Social Service to recognize a maximum of 75 children within the daycare
facility by November 9, 2012, or this decision shall become null and void.
Report P/CA 59/11
Comment:
Official Plan and Zoning By-law
November 9, 2011
Page 2 i 7
Pickering O�cial Plan —"Urban Residential — Medium Density" within the Amberiea
Neighbourhood
Zoning By-law 3036 as amended by By-law 2911/88 —"RM1-3/DN3"
Appropriateness of the Application
Maximum Number of Children Permitted within a Day Nursery at any one time and
Minimum Number of Parking Spaces Variance
• the intent of limiting the number of children permitted within a day nursery is to
ensure that day-care of on-site children is provided for residents of the co-op
• the intent of providing a minimum number of parking spaces in the zoning by-law
is to ensure that adequate on-site parking is provided to accommodate the
amount of parking generated by all the uses of the property
• the subject property was originally designed for a residential use with a day
nursery as an accessory use
• the Committee of Adjustment approved a similar variance for this property on
October 22, 2008 for a three year period only that has now expired
• by approving a temporary use of 3 years in 2008, the City has had an opportunity
to monitored the site for 3 years and the results demonstrates that the site can
accommodate the demands related to the increase of children attending the day
nursery
• the approved sites design does not provide the traditional day nursery
requirements for drop-off/pick-up areas and parking as the day nursery's
operation was intended for the residents of the residential complex
• there has been no negative impacts regarding the overall site function and
operation of the day nursery
• the site has an existing total of 181 parking spaces, 40 of which are designated
visitor parking and the remainder 141 parking spaces are reserved parking
spaces dedicated to the residences of the co-op
• the zoning by-law only requires 36 visitor parking spaces for the entire residential
complex, whereas 40 is provided on-site
• there are a total of 14 staff working for the day nursery facility and 5 of which are
part time, therefore a maximum of 13 parking spaces out of the 40 visitor parking
spaces at one time may be occupied by day nursery staff during the hours of
operation (6:00 am to 6:00 pm), which are off-peak visiting hours on weekdays
(morning to early evening)
• the majority of the parents of the day nursery children unitizes the informal drop-
off/pick up area rather than the visitor parking provided on-site
Report P/CA 59/11 November 9, 2011
i $ Page 3
• the intention of the by-law was that the day nursery would function as an
integrated component of the co-op facility for the residents of the co-op
• the intent of the zoning by-law is maintained
Input From Other Sources
By-law Enforcement Services
Development Control
Date of report: November 2, 2011
Comments prepared by:
�
Mila Yeung
Planner I
MY: RP:Id
colairepotlsnoll/pcas&11doc
Enclosures
. no complaints or concerns were expressed
regarding the changes implemented in 2008
• it would not cause any problems to permit the
continuance of the approval previously granted
• no comments
����^
Ross ym, MCIP, RPP
Principal Planner — Development Review
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INFORMATION COMPILED FROM APPLICANTS
SUBMITTED PLAN
P/CA 59/11 -
WILLIAM PEAK CO-OPERATIVE HOMES INC
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THIS MAP WAS PRODI/CED BY THE CITV OF PICKERING PLANNING 8
DEVELOPMENT DEPARTMENT, PLANNING WFORMATION SERVICES
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INFORMATION COMPILED FROM APPLICANTS
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EXISTING SECOND FLOOR PLAN
THIS MAP WAS PROOUGE� BV THE CIN OF PICKERING PLANNING 8
�EVEIOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
pWISION MAPPING ANO �ESIGN, OCT 19, 20tt.
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1�C4:��C�I�C
Committee of Adjustment
Tentative Meeting Schedule for 2012
December 19
January 16
February 6
February 27
March 19
April 5
April 30
May 22
June 11
July 3
July 23
August 13
September 4
September 24
Octoberl5
November 5
November 26
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January 4
January 25
February 15
March 7
March 28
April 18
May 9
May 30
June 20
July 11
August1
August 22
September 12
October 3
October 24
November 14
December 5
January 6
January 27
February 17
March 9
March 30
April 2U
May 11
June 1
June 22
July 13
August 3
August24
September 14
October 5
October 26
November 16
December 7
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