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Home My WebLink AboutMarch 21, 2012Com m ittee af Ad j ustment Agenda Meeting Number: 3 Date: Wednesday, March Z'I, 2�12 . . „� �_'7kuiL1�7Li�`,�'�T:rn.�. �....� .�.. �-ti � --.. rda.�r.�� (I) Adoption of Agenda Committee of Adjustment Agenda Wednesday, March 21, 2012 7:00 pm Main Committee Room Page Number (II} Adoption of Minutes from February 29, 20� 2 1-1 � (I!I) Reports 'f. (Deferred at the February 29, 2Q12 meeting} 11-15 P/CA 06112 — T. FielderN. Marshall 1892 Liverpool Road (Lot 16, Plan 492) Gity of Pickering 2. P/CA 09I12 — R. Koeder 661 Pleasant Street (Part Lot 1, Block D, Plan 65} City af Pickering 16-20 3. PICA 10/12 — Royal Admira( (Canada) Inc. 21-24 726 Kingston Road {Part Lot z8, Broken Frontage Concession Range 3, Part 25 to 29 & 43, 40R-15653) City af Pickering 4. P/CA 11/12 — J. & I. Sonnylal 1884 Liverpool Road (Lot 18, Plan 492) City of Pickering �!V) Adjournment 25-28 ��e�$�� For information related to accessibility requirements please contact � Lesley Dunne P � C�� j T. 905.420.4660, extension 2024 TTY 905.420.1739 Email Idunne@pickering.ca �x, ,,, , �� u�,�i�,_ �� , ., --�- � . � ,�, >± � .�, � �.�. �_��•�� 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 i�) (II} Adoption of Aqenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, February 29, 2012 7:00 pm Main Committee Room That the agenda for the Wednesday, February 29, 2�12 meeting be adapted. Carried Unanimously Adoption of Minutes Moved by Tom Copeland Secanded by Shirley Van Steen That the minutes of the 1st meeting of the Committee of Adjustment held Wednesday, February 8, 2012 be adopted. Carried Unanimously 1 �� o� - Committee of Adjustment �, ,�.� �� Meeting Minutes � � Wednesday, February 29, 2012 7:00 pm Main Committee Room (III) Reports 1. (Deferred from February 8, 2012 meeting) PICA 04/12 — L. 8� L. D'Silva 2001 Tilson Court (Lot 12, Plan 40M-2119) City of Pickering The applicant revised the proposed development and requests relief from Zoning By-law 3036, as amended by By-law 5892/01 to permit a rear yard depth of 4.8 metres to a proposed sunroom addition onto the rear of the existing detached dwelling, 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 a proposed sunroom. � M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal and recommends that the application be amended ta request a rear yard depth of 5.5 metres. Cristin Miller, agent, and Lionel & Lorna D'Silva, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. Cristin Miller explained the sunroom is an enclosed glass structure that will allow light thraugh thereby the sunroom will function much like an outdoor deck. Further, letters in support o# the application were received from five surrounding nieghbours. In response to questions from Committee members, Cristin Miller indicated they would agree to the 5.5 metres, howe�er, they would prefer 4.8 metres to avoid the sunroom having to be customized, she also indicated it would be an increased cost of approximately 1 D-13 percent and an increased timeiine of 4 weeks. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 04/12 by L. & L. D'Silva, be Approved on the grounds that the rear yard depth of 4.8 metres to a proposed sunroom addition onto the rear of the existing detached dwelling 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 ta the following conditions: 2 .. -= ,,, } , �� ,�-�--`f-'`-'i� ' � ,�,�- , ;z��-p'�;�.� � _- �� _ Committee of Adjustment Meeting Minutes Wednesday, February 29, 20'!2 7:00 pm Main Committee Room 1. That this variance apply only to a proposed sunroom addition onto the rear of the existing detached dwelling, as generalfy sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by February 28, 2014 or this decision shall become null and void. Carried Vote Tom Copeland opposed David Johnson in favour Eric Newton opposed Bill Utton in favour Shirley Van Steen in favour 2. P/CA 05t12 — L.. Sharman 1802 Spruce Hill Road (Plan 1041, RCP, Part Lot 45, 40R-8061, Part 1} City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a lot coverage af 39 percent, whereas the by-law allows a maximum lot coverage of 33 percent. The applicant requests approval of this variance in order to obtain a building permit. M. Yeung, Rssistant 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. Paul Wright, agent, and Linda Sharman, owner, were present to represent the application. No further represen#ation was present in favour of or in objection to the applicatian. Moved by Bill Utton Seconded by Eric Newton That application P/CA 05112 by L. Sharman, be Approved on the grounds tha# the lot coverage of 39 percent 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 r� ,��. . C�� a¢� Committee of Adjustment ��i Meeting Minutes �� - Wednesday, February 29, 2012 , 7:00 pm Main Committee Room 1. That this variance apply only to the�proposed detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. Tha# the applicant obtain a building permit for the proposed construction by February 28, 2014, or this decision shall became null and void. Carried Unanimously 3. PICA 06/12 — T. FielderN. Marshall 1892 Liverpoo! Road (Lot 9 6, Plan 492) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit the parking of 3 trailers and 2 vehicles on a lot, the parking of 5 vehicles in the front yard not on a driveway, the parking of a traiier with a height of 3.3 metres, an accessory building lot coverage of 7 percent, whereas the by-law allows a maximum parking of 4 vehicles, only one of which may be a trailer, no part of any front or flanicage yard except a driveway is to be used for parking or storage of vehicles, maximum permissible height for a parked vehicle to be 2.fi metres, and maximum lot coverage of 5 percent for all accessory buildings. The applicant requests approval of these variances in order to establish zoning compliance. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City af Pickering Planning & Development Department recommending refusal. Written comments were received from the City's Development Control Manager expressing no concerns. Written cornments were also received from J udith Burrows of 1310 Fieldlight Blvd. in objection to the application. Terry Fielder, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Terry Fielder explained the trailers that are stored on the property are for the Pickering Scou#s which is a non-profit youth group that runs programs to benefit youth and the Pickering Community. The previous location where the trailers have been stored has since closed down and has not been able to acquire another location. Terry Fielder indicated he willing to remove a couple of the accessory structures in the effort to change the lot coverage from major to a minor variance, change the landscaping/hedge at the front of the property to reduce the visual impact on Liverpool Road, he is also willing to modify the trailer for the canoe racks in order ta comply with the by-!aw parked vehicle maximum height requirement. � �� o� Committee of Adjustment �� Meeting Minutes °� �� Wednesday, February 29, 2012 (� � 7:00 pm Main Committee Room Moved by Shirley Van Steen Seconded by Bill Utton That application PICA 06/12 by T. FielderN. Marshall, be Deferred until the next meeting to provide an opportunity for the applicant to meet with City Staff to discuss possible amendments to the application. Carried Unanimously 4. P/CA 07112 — J. & G. McHendry/D. Kelly 1133 Gossamer Drive (Lot 4Q, 40M-1811) City of Pickering The applicant requests relief from Zoning By-law 303fi, as amended by By-law 4113/92 to permit a rear yard depth of 5.5 metres to a propased second storey sunroom addition and staircase to the existing dwelling, whereas the by-law requires a minimum rear yard depth of 10.0 metres. The applicant requests approval of this variance in order to obtain a building permit. M. Yeung, Assistant Secretary-Treasurer outlined comments received frorn the City of Pickering Planning & Development Department recommending approval subject to conditions. Written cornments were also received from the City's Development Gantro! Manager expressing no concerns. Ivars Kulitis, agent, was present to represent the application. No further representatian was present in favour of or in objection ta the application. Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 07/12 by J. & G. McHendrylD. Kelly, be Approved on the grounds that the rear yard depth of 5.5 metres is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the O�cial Plan and the Zoning By-law, subject to the fallowing conditions: � �� a� Committee of Adjustment �� Meeting Minutes �:� u �� = Wednesday, February 29, 2012 7:00 pm Main Committee Room That this variance apply only to the proposed second storey sunroom addition and staircase, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant satisfy the Toronto and Region Conservation Authority financially and otherwise by May 29, 2012 or this decision shall become null and void. 3. That the applicant obtain a building permit far the proposed construction by February 28, 2014 or this decision shall become nul! and void. Carried Unanimously 5. P/CA 08/12 — Norris Holdings Limited 1705 Wellington St�ee# (Part Lot 16 & 17, Plan 43, Part 6, 40R-18850) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law fi640/Q6 to permit an existing lot frontage of 15.0 metres, a lot area of 535 square metres, a west side yard width of 1.2 metres, a lat coverage of 36 percent and a rear yard depth of 2.5 metres to permit the conversion of the existing building into a three storey detached dwelling with a second storey rear yard deck, whereas the by-law requires a fot frantage of 22.Q metres, a lo# area of 1,390 square metres, a minimum side yard width of 1.8 metres, a maximum lot coverage of 20 percent and a minimum rear yard depth vf 9.0 metres. The applicant requests approval of this variance in order to obtain a building permit. M. Yeung, Assistant 5ecretary-Treasurer outlined comments received from the Ci#y of Pickering Planning & Development Department recammending deferral. Written comments were also received from the City's Development Control Manager expressing no concerns. Written comments received from Steve & Dawna Dearing of 4864 Victoria Street, Ron Gauslin of 4879 Victoria Street, Shelagh & Ken Mulveney of 4951 Old Brock Road, Adam McKay 8� Nathalie Sabourin of 4959 Old Brock Road and Bernie MacDonald & Nathalie O'Rourke of 4968 Old Brock Road in objection to the application. � C�� o� Committee of Adjustment �� Meeting Minutes �' _ �� Wednesday, February 29, 2012 7:00 pm �� Main Gommittee Room Correspondence received from S. 8� D. Dearing, indicated concerns with the proposed development that the size of the proposed structure on such a small lot, na provisions has been made for the weli and septic systems, it sets a dangerous precedent for the Harnlet of Claremont, the intend for the development proposal is for commercial use not residential and current renovations may have been done without permits. S. & D. Dearing also respectFully request the following, an easement of 2.9 metres wide extending from the north/east cornsr of the subject property for a distance of 13.0 metres, the current grass turf is to be kept on this easement and that na fence shall ever be erected on or within 10.0 metres of this easement. Gorrespondence received from R. Gauslin indicated concerns with the proposed development that the existing building will not support the proposed 2 storey addition, the lack of space for the well and septic systems, it sets a dangerous precedent for the Hamlet of Claremont and variances requested are major not minor in nature. Correspondence received from S. & K. Mulveney, indicated concerns with the proposed development will decrease property value, portable water including stress on shared well, sewage disposal, disbursement of run-off water, if approved the precedent set for other infill or vacant lots, parking and used as a home based business. Correspondence received from A. McKay & N. Sabourin, indicated concerns with the proposed development that the variances requested are major not minor in nature, it will change the character of the neighbourhaod, it will be used for commercial use or as rental property, location of the septic tank/field bed, the shared well and loss of privacy for all surrounding neighbours. A. McKay also provided a history of the property and surrounding area. Correspondence received from B. MacDonald & N. O'Rourke, indicated concerns with the proposed development that the variances requested are major not minor in nature, multi-residential and industrial facilities are out of place in the hamlet, septic tank issues, too small to adequately hold or dispose of waste without negatively impacting the neighbouring lots and loss of privacy. Todd Norris, owner, was present to represent the application, S. Mulveney of 4951 Old Brock Road, A. McKay of 4959 Old Brock Road and D. Dearing of 4864 Victoria Street were present in objection to #he application and spoke to the comments received on file. � F C�t� d¢� Committee of Adjustment �� Meeting Minutes �� Wednesday, February 29, 2012 7:00 pm Main Committee Room Todd Norris indicated the ariginal intent of the property was for a commercial business and now the proposal is for residential with a home based business office, the praposal would increase property value, that any s#ructural changes will require structural engineers involvement in order to comply with regulatians/code, and that he understands residents' cancerns. Moved by Eric Newton Secanded by Bill Utton That application P/CA 08/12 by Norris Holdings Limited, be Tabled until all technical and other matters necessary to enabie a full evaluation of the application has been explored and addressed. Carried Unanimously 6. P/CA 0911 Z— R. Koeder 661 Pleasant Street (Part Lot 1, Block D, Plan 65) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit an existing lot frontage of 12.1 me#res, an existing lot area of 370 square metres, an existing north side yard width of 0.6 me#res and a flankage side yard width of 3.0 metres to a proposed dwelting addition, an accessory building setback of 0.6 metres to a proposed detached garage and a lot coverage of 34 percent, whereas the by-law requires a minimum lot frontage of 15.0 metres, lot area of 460 square metres, side yard width of 1.5 metres and a flankage side yard width of 4.5 metres, accessory building setback of 1,0 metres and a maximum lot coverage of 33 percent. The applicant requests approval of these variances in order to obtain zoning compliance and a building permit for the proposed detached garage and dwelling addition. 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. George Avramopoulos, agent, was present to represent #he application. John Milroy of 616 Annland Street was present in objection to the application. : , -- „ � sa � iy,�G��— � i �� - -_� _� �� _� ��_�� Committee of Adjustment Meeting Minutes Wednesday, February 29, 2012 7:00 pm Main Committee Room George Avramopoulos indicated the proposed addition will add character to the neighbourhood and that if the existing house is rebuilt in accordance to the by-law, the house wilf likely obstruct the neighbaurs view of Frenchman's Bay. John Milroy expressed concerns that the view of Frenchman's Bay will be obstructed by the proposed addition and a decrease in property value. John Milroy also ques#ioned the address of the subject property. Moved by Shirley Van Steen Seconded by Tom Copeland That application P/CA 09/12 by R. Koeder, be Approved on the grounds that the existing lot frontage of 12.1 metres, existing lot area of 37d square metres, existing side yard width of 0.6 metres, proposed flankage side yard width of 3.0 metres, proposed accessory building setback of 0.6 metres and proposed lot coverage of 34 percent to be rninor variances that are desirable far the appropriate develapment 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 dwelling addition and detached garage, as generally sited and outlined on the applicant's submitked plans. 2. That the applicant satisfy the Region of Durham financially and otherwise for the relocation of the fire hydrant, if required for the enlargement of the existing driveway. 3. That the appficant obtain a building permit for the proposed construction by February 28, 2014, ar this decision shall become null and void. Motion Lost Vote Tom Copeland in favour David Jahnson opposed Eric Newton opposed Bill Utton opposed Shirley Van Steen in favour David Johnson, Chair, requested a further motion so the Committee could consider the application. 0 �i � , , :� ,,,.. _ � x� �;��j�� ..;.� . � �a ta,-� q � -�n!et� —_ =-:�i �3�i�r .� _��•��'�� Committee of Adjustmen# Meeting Minutes Wednesday, February 29, 2012 7:00 pm Main Committee Room No motion was presented. The application remains with the Committee as no decision on the application has been approved. (IV} Adiournment Moved by Bill Utton Secanded by Eric Newton That the 2nd meeting of 2012 the Corrimittee of Adjustment be adjourned at 8:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 21, 2012. Carried Unanimously Date Chair Assistant Secretary-Treasurer 10 .. ,�, a"�. i :u.w��e. .s �'�*,-Ti...I��31+# ��_��~ From: Subject: Application: Report to Committee of Adjus�ment Application Number: P/CA 06112 . Meeting Date: March 21, 2012 (Deferred from February 29, 2012 meeting) Ross Pym, MCIP, RPP Principal Planner — Development Review Committee of Adjustment Application P/CA 06/12 — Amended T. FielderN. Marshall 1892 Liverpool Road (Lot 16, Plan 492) City of Pickering The applicant has amended the application and submitted a revised site plan that requests relief frorn Zoning By-law 3036 to permit the parking of 3 trailers and 2 personal vehicles (5 vehicles) on a lot, a building setback of 0.3 metres to an existing accessory building in the rear yard and an accessory building lot coverage of 6 percent, whereas the by-law allows a maximum parking of 4 vehicles, a minimum building setback of 1.0 metre to accessory structures that are greater than 10 square metres and maximum lot coverage of 5 percent for atl accessory buildings. - The applicant requests approval of these variances in order to establish zoning compliance. � Recommendation: The Planning & Development Department considers the parking of 3 trailers and 2 personal vehicles (5 vehicles) on a lot, a building setback of 0.3 metres to an accessory building in the rear yard and an accessory building lot coverage of 6 percent 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 Officiaf Plan and the Zoning By-law, and therefore recommends Refusal o# the proposed variances. �i Report P/CA 06/12 — Amended i ;� Background: March 21, 2012 Page 2 The Committee of Adjustment held a meeting on February 29, 2012 and the Committee deferred the application until the next meeting to provide an opportunity for the applicant to meet with City Staff to discuss possible amendments to the applicatian. Since then, the applicant has submitted a package and a revised site plan identifying the amendments to his application. The applicant amended the application to comply with the By-iaw vehicle height maximum of 2.6 metres and proposes to remove one shed in the rear yard of the dweiling. This report reflects the amendments to the application. Comment: Official Plan and Zoning By-law Pickering Official Plan — Urban Residential Areas — Low Density Areas within the Liverpool Road Zoning By-law 3Q36 — "R3" Appropriateness of the Application Parking Variances • the intent of the by-law requirements to restrict the number of parked vehicles in the front yard to preserve the residential character of neighbourhoods, the aesthetic quality of neighbourhood streetscapes and off street parking on vehicular and pedestrian safety • the intent of the by-law is to accommodate parking for the personal vehicles of dwelling occupants and limit built in flexibility for multi-purpose and recrea#ional vehicles, thereby it is not intended for the parking of multiple trailers and recreational vehicles • the parked trailers and vehicles have a negative visual impact on the residential streetscape of LiverpQOl Raad north of Glenanna Road • Pickering's Official Plan policies in the Liverpool Neighbourhood specifies that City Council shall consider the use in part, or reuse, of existing dwellings on the west side of Liverpool Road, south of Glennanna Road for business and professional offices, studios custom workshops, personaf service uses and Eimited retail shops • the subject property is north of Glenanna Road which is not identified in the Pickering Official Plan as an area encouraged for commercial uses and the parking of commercial vehicles • the intent of the Official Plan and zoning by-law will not be maintained Report P/CA 06/12 — Amended Accessory Building Lot Coverage and Setback Variances March 21, 2012 Page 3 � �� • the intent of the 5 percent maxirnum accessory structures !ot coverage is to ensure the maintenance of an appropriate amount of amenity area uncovered by buildings and to regulate the amount of building floor area occupied by of accessory buildings on a lot • the intent of the zoning by-law requiring a 1.0 metre setback for structures equaE ta or greater than 1Q 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 applicant proposes to remove one existing from the existing six sheds on the property to reduce the total floor area of all accessory structures to 84.6 me#res • the floor space of all accessory structures is significant and constitutes an area only marginally smalfer than the dwelling size on the lot • a 5 percent coverage allowance for accessory buildings is considered adequate, especially when taking into account the large area of the subject property {1,395 square metres) � • the proposed accessory building lot coverage appears to have negative impact on the immediate neighbourhood • the building seiback of 0.3 metres to an existing accessory building in the rear yard does not ensure adequate maintenance access is available to the sides of the structure, ensure roof drainage stays on the subject property • the 0.3 metres setback appears to impose a visual impact on adjacent property • the intent of the zoning by-law would not be maintained Date of report: March 15, 2012 Comments prepared by: � „ �� Mila Yeung 4 Planner If MY:RP:id J��COFAtRepons12072\pce OB-12 aelefreG - Amentled.doc Enclosures � � � Ross P m, MCf�, RPP Y Principal Planner — Development Review To permit a lot coverage of 6 percent for all accessory structures 2m 1 m 0.6m SH D H Z SHE 5 1� 4 1 1.2m Q.3m SH 1 To permit an accessory structure setback of 0.3m lnformation Compiled From Revised Applicant's Submitted Plan P/CA 06/12 - T. Fielder & V. Marshall To permit the parking of 3 trailers and 2 personal vehicles � � v= r EXESTING STING 1 Storey �� HOUSE .5m � a� a� � 'c� 'ro � � � 6.Om E v; d' vehicle � V@iIIC�B ersona � � � Q � J � � � W � J +V This map was produced by the city of Pickering Planning & Development Departmenf, Planniny Informalion Services Division Mapping and Design, Mar. 14, 2012. �� Report to � �' ' ' Committee of Adjustment �� I IKERIN Application Number: PICA 09/12 Meeting Date: March 21, 2012 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 09/12 — Amended R. Koeder 661 Pleasant Street (Part Lot 1, Block D, Plan 65) City of Pickering Application: The applicant has amended the application and submitted a revised site plan that requests relief from Zoning By-law 2511 to permit an existing lot frontage of 12.1 metres, an existing lat area of 370 square metres, an existing narth side yard width of 0.6 metres and a flankage side yard width of 3.6 rnetres to a proposed dwelling addition and an accessory building setback of 0.6 rnetres to a proposed detached garage, whereas the by-law requires a minimum lot frontage of 15.0 metres, lot area of 460 square metres, side yard width of 1.5 metres and a flankage side yard width of 4.5 metres and accessory builciing setback of 1.0 rnetres. The applicant requests approval of these variances in order to obtain zoning compliance and a building permit for the proposed detached garage and dwelling addition. Recommendation: The Planning & Development Department considers the existing lot frontage of 12.1 metres, existing lot area of 370 square metres, existing side yard width of 0.6 metres, proposed flankage side yard width of 3.6 metres and proposed accessory building setback vf 0.6 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: That these variances apply only to the proposed dwelling addition and detached garage, as generally sited and outlined on the applicant's submitted plans. Report P/CA 09112 — Amended March 21, 2012 Page 2 �.'� 2. That the applicant satisfy the Region of Durham financially and otherwise for the relocation of the fire hydrant, if required for the enlargement of the existing driveway. 3. That the applicant obtain a building permit for the proposed construction by March 21, 2014, or this decision shall become null and void. Background: The Committee of Adjustment held a hearing on the application on February 29, 2012. The Committee of Adjustmen# did not adopt a decision on the application and therefore, the application has returned to the Committee of Adjustment for a decision. Since the last meeting, the applicant has amended the application and submitted a revised plan. This report is based on the arnended application. Comment: Official Plan and Zoning By-law Pickering Official Plan — Urban Residential Areas — Low Density Areas within the Bay Ridges Neighbourhood �oning By-law 2511 — "R4" Appropriateness of the Application Lot Frontage and Lot Area Variances • the intent of the minimum lot frontage and minimum lot area requirement is to ensure a usable lot size that is compatible with the surrounding area • the subject property is an existing lot of record with frontage of 12.1 metres and a lot area of 370 square metres that is in keeping with the size of existing lots within the surrounding area • the inten# and purpose of the zoning by-law would be maintained Side Yard Widths Variance the intent of the minimum side yard width of 1.5 metres is to provide an appropriate buffer space between structures on abutting properties the north side yard width of 0.6 metres reflects the current setback provided by the existing dwelling on the lot the intent of the zoning by-law would be maintained Report PICA Q9/12 — Amended .�. i� Flankage Side Yard Variance March 21, 2412 Page 3 • the intent af the 4.5 metre flankage side yard setback requirement is to provide an adequate buffer space from street activity and to provide an adequate landscaped area in the flankage side yard of the property • currently on the subject property there is an existing flankage side yard width of 3.6 metres to an existing covered porch and an existing flankage side yard width of 3.0 metres to a uncovered deck • the proposed flankage side yard of 3.6 metres to a proposed dwelling addition will maintain the character of the streetscape on Annland Street where smaEler fron# yard depths exist • the proposed 3.6 metres setback will provide adequate buffer space and landscaped area for the property • the intent of the zoning by-law will be maintained Accessory Building 5etback Variance • the intent of the zoning by-law for accessory structures to provide a minimum 1.0 metre setback frorn 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 property, and that the visual impact on adjacent properties is minimize • the proposed north setback of 0.6 metres to a new detached garage is consistent with the north side yard of the existing dwelling and provides adequate space for maintenance • a north setback of 0.6 metres to the proposed garage is required to accommodate a moderate size detached garage on the subject property while leaving adequate space in front of the garage to accommodate the off-street parking of a vehicle • the proposed setback of 0.6 metres from the north lot line to the proposed garage is an appropriate setback for the subject property and does not appear to have any adverse impact • the intent of the zoning by-law is maintained Date of report: March 14, 2012 Comments prepared by: . + � !�' �� Mila Yeung � Planner ll MY:RP:Id J:ICOFA+Aapods120121pca 09-12 de(ened -Amarnled.doc Enclosures �►/�� Ross Pym, MCIP, RPP Principal Planner — Development Review �L � 0 � WA� w a z w ¢ DOUGL,45 PARK �- . �� = . � �_ . _ �, � 0 z � HALLER AVENUE MONI ��ii��ii�� .�,� COMMERCE STREET PRO ESS ' FRENC N' BA Y ST °o PA FRENCNMMAN'S B�I Y ANNLAND O � Z Q BOULEVRRD �� C r G D Z7 0 , TI�� ' �• ; ` � � � � � • � 1 �� • � ! � � � �/� ' ,!,�� '/ � ' �� 1�� iiiiiii►�` i�t�� ► ��i�� _� - ,' = ' : i I � • � �I � . ' �,I ��'lll��l EW STREET STR � 0 0 � � � STREET WHARF > J City of Pickering Planning & Development Department PROPERTY DESCRIPTION Plan 65, BIOCk D, Part Lot 1 � OWNER R. Koeder DATE Feb. 7, 2Oy2 DRAWN BY JB FILE No. P/CA 09(12 SCALE 1:5,OOQ CHECKED BY MY N �7�ras�:.eMerpA.a� Inc^ond_it��pPl�ereeAl! A9ht�Raesrved. Not�a^P�o� of surveY. PN�3 � r m D � D � � � m m � �� N � Information Compiled From Revised Applicant's Submitted Plan P/CA 09/12 - R. Koeder � recognize the existing north de yard width of 0.6m 8.14 9.14 To recognize the existing !ot frontage of 12.1 m and lot area of 370 square metres o permit an accessory structure �t coverage of 6 percent permit an accessory structure back of O.fim � 0 1 rn � I EXIS7FNG H�h�E � � f - T � __...r��_.._ ___J tOFDSED �xr�n�s+or� m w EXISTING � � DECK � 3a.48 ANNLAND STREET 3. c� o 0 'v� 'o, a � �$ �' a � t� � I m O � � E�ISTI D IVE' o permit a flankage side yard �idth of 3,6m iY 7his map was produced by the city of Pickering Planning & De�etopment Department, Planning Information Serv+ces Division Mapping and �esign, Mar. 74, 20i2 �� °� � Report to � � '�' Committee of Adjustmenfi �, I KERI Application Number: P/CA 10/12 Meeting Date: March 21, 2012 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 10/12 Royal Admiral (Canada) Inc. 726 Kingston Road (Part Lot 28, Broken Frontage Concession Range 3, Part 25 to 29 & 43, 40R-15653} City of Pickering Application: The applicant requests relief from Zoning By-law 3036, as amended by By-law 3768/91 to permit a 100 square metre restaurant for take-out service only, whereas the by-law permits a"Restaurant —Type D" use that permits an accessory take-out component to a dine-in restaurant but nat a standalone take-out use. The applicant requests approval of this variance in order to obtain a building permit. Recommendation: The Planning & Development Department considers the 100 square metre restaurant for take-ou# service anly to be a minor variance that is desirab{e for the appropriate deve{opment of the land, and in keeping with the general intent and purpose of the Official Plan and the �oning By-law, and therefore recommends Approval of the proposed v�riance, subject to the following conditions: 1. That this variance apply only to the 1 QO square metre restaurant for take-out service only as generally sited and outlined on the applicant's submitted plans. 2. Tha# the applicant obtain a building permit for the proposed construction by March 21, 2014, or this decision shall become null and void. Repart P/CA 10/12 Q� �4W Comment: Official Plan and Zoning By-law March 21, 2012 Pickering Official Plan —"Mixed Use Areas — Mix Corridors" within the Woodland Neighbourhood Zoning By-{aw 3036 as amended by By-law 3768/91 —"MU-5" Appropriateness of the Application Page 2 • the intent of the by-law in specifying permitted uses and defining the uses is to ensure appropriate and desirable uses are permitted within a specific zone • the take-out restaurant use is perrnitted on the site in connection with a restaurant use that allows a dine-in component • the take-out restaurant service is a less intensive land use than a dine-in restaurant use • the take-out restaurant use is appropriate and does not appear to adversely impact the subject site and surrounding properties • the intent and purpose of the Zoning By-law would be maintained Date of repo►t: March 14, 2012 Comments prepared by: "'' "�"�' Mila Yeung Planner II MY:RP:Id �orarraoorc5rzo�vv�»-+z.aa Enclosures O�� Ross Pym, MCIP, RPP Principal Planner — Development Review �� Information Compiled From Applicant's Submitted Plan P/CA 10/12 - Royal Admiral(Canada) Inc. � N This map was produced by the city of Pickering Pfanning & Devefopment Department, Planning Information Services Division Mapping and Design, Mar. 1, 2012. C�� °� Report to ' ' Committee of Adjustment `�, � I KERIN Application Number: PICA 11/12 Meeting Date: March 21, 2012 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Cammittee of Adjustment Application P/CA 11/12 J. 8� I. Sonnylal 1884 Liverp�ol Road (Lot 18, Plan 492) City of Pickering Application: The applicant requests relief from Zoning By-law 3036 to permit the parking of one vehicle with a height of 3.9 metres and a length of 10.5 metres in the rear yard of the detached dwelling, whereas the by-law permits a maximum permissible vehicle height of 3.5 metres and a length of 8.0 metres to be parked on any lot. The applicant requests approval of these variances in order to obtain zoning compliance. Recommendation: The Planning & Development Departrnent considers the parking of one vehicle with a height of 3_9 metres and a length of `10.5 metres in the rear yard of the detached dwelling to be major variances that are not desirable far the appropriate development af the land, and not in keeping with the general intent and purpose of the Zoning By-law, and therefare recommends Refusal of the proposed variances. Comment: Official Plan and Zoning By-law Pickering Official Plan —"Urban Residential Areas — Low Density Areas" within the Liverpool Neighbourhood Zoning By-law 3p36 — "R3" Report P/CA 11/12 ,, . y :: �J Appropriateness of the Application Vehicle Parking March 21, 2012 Page 2 • the intent of the requirement to restrict the height and length of one vehicle parked in #he side or rear yard is to preserve the residential appearance of neighbourhov�ls • the intent of the by-law is to accommodate vehic(es traditionally and cammonly associated with residential uses and to provide limited flexibility for multi- purpose/recreational vehicles but not to allow large commercial vehicles • oversized commercial vehicles such as the applicants should be parked/stored in commerciallindustrial zones and not in residential neighbourhaods • the proposed commercial vehicle is parked in the side and rear yard of the subject property and is visible from the public street • the vehicle appears to have a� adverse impact on the neighbourhood • the intent of the zoning by-law will not be maintained, the variances are major Date of report: March 14, 2012 Comments prepared by: ��,�,� : Mila Yeung \ Planner II MY:RP:Id cotaJ�epons/zol2lpca1l-1z.doc Enclosures � Ross P m MCIP � Y , . Principal Planner — Development Review a3 '�;,, c Information Compiled From Applicant's Submitted Plan P/CA 11/9 2 - J. & I. Sonnylal To permit the parking of a commercial vehicfe with a height of 3.9 metres and a length of 10.5 metres � >,w�,� �_- � cD T u/ rt N � 54.5m - - - --__.�..: E�"�-S -''4 M l�'�r :.,I�;...�...R-v:.r-.!__.;�. F-10.5m—� 54.5m GLENANNA ROAD � � �, �....,�._ „v.a� r.:.��. EXISTING ; DWELLING � a�,o_ m.ff..a�,�,.��.�:�-26.5m � � rn � Q O � J �' �' � � � N w � J ..,; _ _ „� , _ _ _ _ _ . _ .,,. � ; � ; �. ._...�._._:-.: �. � 'L.__ ..__`i' � ,''`� 3.9m ;,� '—��-- ;,__ . ' � �I� �y�v� �-' , ,l � ,� I {,�� a �� t ...II ✓ i'��}�if I^+��.�1 ) ti I��f t.� �%� .. .-I.. __.,.... r_;;_ . _ .. �4 �;_ 1 .y.S i �� `ti !_-_._._......�— ,,�-�` � ..». �...�' - -_.-�—..__'. . �_..... . ... � ..„_.. � /��`'Ct, J ��' ;? ____„�..�___..�! lao�',I _. �� _� 10.5m � ThiS map was produced by [he city of Pickering Planning 8 Development Department, Planning Information Services Division Mapping and Design, Mar. 1, 2012,