HomeMy WebLinkAboutApril 11, 2012Com m ittee of Ad j ustment
Agenda
Meeting Number: 4
Date: Wed nesday, Apri I 11, 2012
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(I) Adoption of Agenda
�II) Adoption of Minutes from March 21, 2012
(III) Reports
Committee of Adjustment
Agenda
Wednesday, April 11, 2012
7:00 pm
Main Committee Room
Page Number
1-7
1. {Deferred at the March 21, 2012 meeting) 8-12
PIGA 06/12 - T. FielderN. Marshall
1892 Liverpool Road
(Lot 16, Plan 492)
City of Pickering
2. P/CA 12112 - C. Lazar
932 Vistula Drive
(Lot 376, Plan M 17)
City of Pickering
3. PICA 13/12 - J. Pitino & C. Mullin
547 Rodd Avenue
(Block A, Plan 233, Part 1, 40R-19204)
City of Pickering
4. P/CA 14/12 - V. & L. Klukiewicz
865 Darwin Drive
{Lot 25, Plan 40M 1628)
City of Pickering
5. P/CA 15/12 - B. Gamble & J. Wilcox
4$4 Oakwood Drive
(Pat lot 97, Plan 350, Part 1, 40R-2552�
City of Pickering
(IV) Adjournment
13-17
18-23
24-28
29-34
ACCessible ��r information related to accessibility requirements please contact
� -- - - Lesley Dunne
P I C K E R( N� T. 905.420.4660, extension 2024
'� - TTY 905.420.1739
Email Idunne@pickering.ca
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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
Committee of Adjustment
Meeting Minutes
Wednesday, March 21, 2�12
7:03 pm
Main Committee Room
David Johnson, Committee Chair acknowledged the presence of Bill McLean, Regional
Councillor Ward 2{ar�ived at 7:55 pm and was present until the meeting adjourned)
(I)
(Il)
Adaption of Aqenda
Moved by Bill Utton
Seconded by Eric Newton
That the agenda for the Wedn�sday, March 21, 2012 meeting be adopted.
Carried Unanimously
Adoption of Minutes
Moved by Eric Newton
Secanded by Shirley Van Steen
That the minutes of the 2nd meeting of the Committee of Adjustment held
Wednesday, February 29, 2012 be adopted.
Carried Unanimously
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(III) Reports
Committee of Adjustment
Meeting Minutes
Wednesday, March 21, 2012
7:43 pm
(Deferred from February 29, 2012 meeting)
P/CR 06/12 — T. FielderN. Marshall — Amended
1892 Liverpool Road
(Lot 16, Plan 492)
City of Pickering
Main Committee Room
The applicant has amended the application and submitted a revised site plan
that requests relief from 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 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 of Pickering Planning & Development Department recommending refusal.
Form letters were submitted from eight surrounding neighbours indicting no
concerns with the applica#ion. A petition was also received with 68 signatures
from residents who does benefit or have benefitted from the non-profit scout
group and fully supports the storage of the Scout equipment trailer and canoe
trailer parking on the subject property.
Terry Fielder, owner, was present to represent the application. Diana Gould,
Darren Romani, Brent McLaren, Erin Anderson, Peter Tome and Gameron
Linton were present in favour of the applicatian.
Terry Fielder submitted a map that shows 23 surrounding neighbours indicating
no concerns, 1 neighbour indicating a concern and 1 indicating no opinion on the
application, and provided pictures of improvements made to the driveway and
the iocation of two trailers. Terry Fielder also submitted additional form letters
from surrounding neighbours indicating no concerns with the application.
Diana Gau1d explained the importance of the camping equipment and canoes for
Scouts Canada. Diana Gould also explained it is a non-profit organization and
the benefits it has on the youth and community.
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��� Q� Committee of Adjustment
��� Meeting Minutes
�° '-°�' �° � � _ Wednesday, March 21, 2012 ���
7:03 pm
Main Committee Room
Darren Romani explained the previous location the trailers where stored has
since closed down and other locations could cost anywhere from fifty to hundred
dollars.
Brent McLaren explained his involvement with the program and that the
equipment being stored is required for Scouts Canada and provides a camping
experience that some youth are not able to experience.
Erin Anderson indicated that her two boys have been involved with Scouts
Canada fvr about 10 years and they have fu11y benefitted from the program and
fully supports the application.
Peter Tome explained that he is the neighbour directly to the north and is in full
suppart the application. Peter Torne also indicated that the propased evergreen
hedge would add character to the surrounding neighbourhood and better screen
the parking of the two trailers from being visible on Liverpool Road.
Cameron Linton feels the canoes should always be stored on the property
because the property adds a heritage aspect to the City.
Moved by Bill Utton
Seconded by Eric Newton
That amended application P/CA 06/12 by T. FielderN. Marshall, be Deferred
until the next meeting to provide an opportunity for the applicant to meet with City
Staff ta discuss possible amendments to the application.
Carried Unanimously
2. P/CA 09I12 — R. Koeder — Amended
661 Pleasant Street
(Part Lot 9, Block D, Plan 65)
City of Pickering
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 rnetres, an existing lot area of 370 square metres, an existing north side
yard width of 0.6 metres and a flankage side yard width of 3.6 metres to a
propased dwelling addition and an accessory building setback of 0,6 metres to a
proposed detached garage, whereas the by-law requires a minimum lot frontage
of 15.Q 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 building setback of
1.0 metres.
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Com m ittee of Ad j ustment
Meeting Minutes
Wednesday, March 21, 2012
7:03 pm
Main Committee Room
The applicant requests approvaf 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 af Pickering Planning & Development Department recommending approva!
subject to conditions.
George Avramopoulos, agent, was present to represent the application. John
Milroy of 616 Annland Street, and Gordon Haggerty of 360 Blake Street were
present in objection to the application.
George Avramopoulos provided a history of the 2009 Commi#iee of Adjustment
application and building permit from the previous owner. George Avramopoulos
also indicated that he has taken into consideration of his neighbour's concerns
when he amended the application and redesigned the proposed dwelling
addition.
John Milroy expressed concern that the view of Frenchman's Bay will be
obstructed by the propased construction.
Gordon Haggerty expressed concern that John Milroy's view of Frenchman's Bay
will still be obstructed by the amended proposed site plan.
Moved by Shirley Van Steen
Seconded by Bill Utton
That amended application P/CA �9/12 by R. Koeder, be Approved on the
grounds that the existing lot frontage of 12. i 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 to a proposed dwelling addition and a proposed
accessory building setback of 0.6 metres are minor variances that are desirable
for the apprapriate development of the fand, 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 dwelling addition and
detached garage, as generally sited and outlined on the applicant's submitted
plans.
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C�ty o¢� Committee of Adjustment
��� Meeting Minutes
��` �� � � Wednesday, March 21, 2012
7:03 pm �� �
Main Committee Room
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 canstruction by
March 21, 2014, orthis decision shall become null and void.
Carried Unanimousfy
3. P/CA 10/12 — Royal Admiral (Canada} Inc.
726 Kingston Road
� (Part Lot 28, Broken Frontage Concession Range 3,
Park 25 #0 29 & 43, 40R-15653}
City af Pickering
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-�ut component to a dine-in restaurant but not a standalone take-out use.
The applicant requests appraval 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 canditions. Written comments were also received from the City's
Development Control Manager expressing na concerns.
John Huang, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Tom Copeland
Seconded by Eric Newton
That application PICA 10/12 by Royal Admiral (Canada) Inc., be Approved on
the grounds that the 100 square metre restaurant for take-out service only is a
minor variance that is desirable for the appropriate development of the land, and
in keeping with the general intent and purpase of the Official Plan and the Zoning
By-law, subject tQ the following conditions:
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Committee of Adjustment
Meeting Minutes
Wednesday, March 21, 2012
7:03 pm
Main Committee Room
1. That this variance apply anly to the 1 QO square metre restaurant for take-out
service anly as generally sited and outlined on the applicant's submitted
plans.
2. That the applicant obtain a building permit for the proposed construction by
Nlarch 21, 2014, or this decision shall become null and void.
Carried Unanimously
4. P/CA 11/12 — J. & I. 5onnylal
1884 Liverpoal Road
(Lot 18, Plan 492)
City of Pickering
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 ta be parked
on any lot.
The applicant requests approval of these variances in order to obtain zoning
compiiance.
M. Yeung, Assistan# Secretary-Treasurer outlined comments received from the
City af Pickering Pianning & Development Department recommending refusal.
Written comments were also received from the City's Development Control
Manager expressing no concerns.
Kevin Sonnylal, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Kevin Sonnylal explained that he originally had three trucks for his business and
he has already rernovedlsold two of the trucks to reduce negative impact on
community. He indicated that in the last location the #hree trucks were parked,
they were getting broken into and he decided ta purchase this property in
January 2012, under the impression from the previous owner that the property
allows for the parking of large vehicles.
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Moved by Eric Newton
Seconded by Bill Utton
Com m ittee of Ad j ustment
Mee#ing Minutes
Wednesday, March 2'!, 2012
7:03 pm
Main Committee Room
That application P/CA 11/12 by J. & I. Sonnylal, be Refused on the grounds that
the parking of one vehicle with a height of 3.9 metres and a length of 10.5 rnetres
in the rear yard of the detached dwelling 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 Zoning By-law.
Carried
Vote
Tom Copeland
David Jahnson
Eric Newton
Bill Utton
Shirley Van Steen
(IV) Adiournment
in favour
in favour
in favour
in favour
opposed
Moved by Eric Newton
Seconded by Bill Utton
That the 3rd meeting of the 2012 Committee of Adjustment be adjvurned at
7:59 pm and the next meeting of the Committee of Adjustrnent be held on
Wednesday, April 11, 2012.
Carried Unanimously
Date
Chair
Assistant Secretary-Treasurer
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�t� °�' Report to
�.� � ; ; Committee of Adjustment
I ERI Application Number: P/CA 06/12
Meeting Date: April 11, 2012
(Deferred from March 21, 2012 meeting)
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 06/12 — Amended
T. FielderN. Marshall
1892 Liverpaol Road
(Lot 16, Plan 492}
City of Pickering
Application:
The applicant has amended the application and submitted a revised site plan that
requests relief from Zoning By-law 3036 to permit the parking of 3 trailers and 2 personal
vehicles on a lot {2 trailers and 2 personal vehicles to be parked in the fron� yard and 1
trailer to be parked in the rear yard), a rear yard depth 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 minimurn accessory
building rear yard depth of 1.0 metre to accessory structures that are greater than 10
square metres and maximum lot coverage of 5 percent far all accessory buildings.
The applicant requests approval of #hese variances in order to establish zoning
compiiance.
Recommendation:
The Pfanning & Deveiopment Department considers the parking of 3 trailers and 2 personal
vehicles on a lat (2 trailers and 2 personal vehicles to be parked in the front yard and 1
trailer to be parked in the rear yard), an accessory building rear yard depth of
0.3 metres 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 Zoning By-law, and therefore recommends
Refusal of the proposed variances.
Report P1CA 06/12 — Amended 2
April 11, 2012
Page 2
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Background:
The Committee of Adjustment first heard the application on February 29, 2012 and
deferred the application until the next meeting, March 21, 2012, to provide an
opportunity for the applicant to meet with City StafF to discuss possible amendments to
the application. The applicant submitted an amended applicatian for consideration at
the Commit#ee of Adjustment Meating on March 21, 2012. �n March 21, 2012, the
Committee deferred the application until the April 11, 2012 meeting to provide another
opporiunity for the applicant to meet with City staff to discuss the appfication.
Further to the first amendments made to the application which was to remove one
accessory building and eliminating a variance for the height of one of the trailsrs, the
applicant has submitted a further amendment to the appfication. The applicant's latest
amended application is to relocate the parking of 1 trailer from front yard to the rear
yard. This report reflects the final amended application.
Cornment:
Official Plan and Zoning By-law
Pickering Official Plan — Urban Residential Areas — Low Density Areas within the
Liverpool Road
Zoning By-law �036 — "R3"
Appropriateness of the Application
Parking Variances
• the intent of the by-law requirements to restrict the number of parked vehicles
to a maximum of 4 vehicles, 1 of which may be a trailer on a residential zone
lot, is to preserve the residential character of neighbourhoods and the
aesthetic quality of neighbourhood streetscapes �
• the by-law intent is also to prevent an excessive number of vehicles being
� parked an a detached dwelling p�operty and specifically to control the number
of vehicles parked in a front yard
+ 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
recreatianal 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 Liverpoof Road north of Glenanna Road
• the majority of the front yard has been surtaced for vehicle parking resulting in
a negative streetscape appearance
• the intent of the Zoning By-law would not be maintained
Repart PICA Q6/12 — Amended 2
�. �
April 11, 2012
Page 3
Accessory Building Lot Coverage and Setback Variances
• the intent of the 5 percent maximum accessory structures lot coverage is t�
ensure the maintenance of an appropriate amount of amenity area uncovered
by buildings and to regulate the amount af building floor area occupied by of
accessory buildings on a !ot
• the intent of the zoning by-law requiring a 1.0 metre setback for structures
equal to or greater than 10 square metres from lot lines is to ensure that
adequate maintenance access is avaifabie to the sides of the structures,
ensure that the eaves do not encroach on the adjacent properties, ensure
roaf drainage stays on the subject property, and to minimize the visual impact
tha# their locatian may have on adjacent properties
• the applicant proposes ta remove one existing shed from the existing six
sheds an the property to reduce the total floor area of all accessory structures
to $4.6 metres
• the floor space of all accessory structures is significant and constitutes an
area only marginally smaller than the dwelling size on the Iot
• a 5 percent caverage affowance 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 setback of 0.3 metres to an existing accessory building in the rear
yard does na# ensure adequate maintenance access is available to the sides
of the structure, ensure roof drainage stays on the subject praperty
• the d.3 metres setback is a significantly reduced setbacic for an accessory
struc#ure with an area of 43.6 square metres and a length of 14.3 metres
along the west property line
• 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: April 4, 2012
Comments prepared by:
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Mila Yeung
Planner II
MY: RP:Id
J�ICOFA1RepoA5�20721pce 06-12 4eferreG - Amentlad 2.doc
Enclosures
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Ross Pym, MCI� RPP
Principal Planner — Development Review
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Mar. 14, 2012.
C4ty ��' Report to _� 3
' �' Committee of Adjustment
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I � KERI Application Number: P/CA 12l12
Meeting Date: April 11, 2012
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 12/12
C.Lazar
932 Vistula Drive
(Lot 376, Plan M'f7)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 2520 to permit a front yard depth of
6.0 metres and a side yard width of 0.6 metres to a proposed garage addition to the
existing dwelling, whereas the by-law requires a minimum front yard depth of 7.5 metres
and a side yard width of 1,5 metres .
The applicant reques#s approval of this variance in order to obtain a building permit for
the proposed garage addi#ion.
Recommendation:
The Planning & Develapment Department considers a side yard width of 0.8 metres to a
proposed garage addition to be a major variance that is not desirable for the appropriate
development of the land, and in keeping with the general intent and purpose. of the
Zoning By-law, and therefore recommends Refusal of the side yard width of O.fi metres.
And
The Planning & Development Department considers a front yard depth of 6.0 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 fallowing
conditions:
Repart PICA 12/12
_p `�
April 11, 2012
Page 2
That this variance apply only to the proposed detached garage that complies
with the minimum side yard width zoning provision, as generally sited and
autlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
Aprii 11, 2014, or this decision shall become null and void.
Comment:
Official Plan and Zoning By-law
Pickering Qfficial Plan — Urban Residential Area — Medium Density Area within the West
Shore Neighbourhood
Zoning By-law 2520 — "R4"
Appropriateness of the Application
Front Yard Depth Variance
• the intent of the front yard depth af 7.5 metres is to pravide an adequate
buffer space between buildings and street activity, and to provide an
adequate fandscaped area at the front of the property
« the variance for a front yard depth of 6.0 would apply only to the proposed
garage addition which appears to provide an appropriate buffer space and
provide an adequate fandscaped area within the front yard of the property
• the proposed variance would also maintain the neighbourhood character on
Vistula Drive
• the intent of the zoning by-law would be maintained
Side Yard Variance
• the intent of a 1.5 me#res minimum side yard width is to provide an
appropriate buffer space between structures on abutting properties
• the proposed variance for a side yard width of 0.6 metre to the proposed
garage addition does not provide for adequate buffering between the existing
structures on abutting properties
• the applicant has provided no land use justifica#ian for the application and the
proposal can be redesigned to accommodate the two car garage if this is the
priority of the owner
• the proposed addition does not provide sufficient buffer space between
structures and represents overdevelopment of the property
Report PICA 12112
April 11, 2012
<, �.
Page 3 q J
the proposed design may impose negative visual impacts on the streetscape
and it would be aut of character with the neighbourhood
the intent of the zoning by-law would not be maintained
Input From Other Sources
Development Controf
Date of report: April 4, 2012
Comments prepared by:
�'U �l�
Mila Yeung
Planner II
MY:RP:id
cofalreports/2012/pca 12-12.doc
Enclosures
• downspouts should be directed so that
drainage daes not discharge onto the
neighbouring property
C�
Ross Pym, MCI , RPP
Principal Planner — Development Review
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Information Compiled From Applicant's
Submitted Plan
P/CA 12/12 -
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� � ct� o� Report to
' " Committee of Adjustment
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I KERI Application Number: P/CA 13/12
Meeting Date: April 11, 2012
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/GA 13/1 Z
J. Pitino & D. Mullin
547 Radd Avenue
(Block A, Plan 233, Part 1, 40R-19204)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 2511 to permit a front yard depth of
3.3 metres to a praposed staircase leading to a raised porch and front entrance and a
flankage side yard width of 1.5 metres to a proposed detached dwelling, whereas the
by-law requires a front yard depth of 7.5 metres and a flankage side yard of 4.5 metres.
The applicant requests approval af this variance in order to obtain a building permit for
the proposed detached dwelling.
Recomrnendation:
The Planning & Development Depa�tment considers the front yard depth af 3.3 metres
to a propose stairease leading to a raised porch and front entrance and the flankage
side yard width of 1.5 me#res to a proposed detached dwelling to be minor variances
tha# 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 dwelling, as
generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
April 11, 2014, or this decision shall become null and void.
Report PICA 13/12
Background:
April 11, 2012
Page 2 � 9
Since the mailing of the public notice, the Planning & Development Department
identified that a flankage side yard width variance of 1.5 metres is also required and the
applicant has amended the application accordingly. This report includes the requested
flankage side yard width variance of 1.5 metres,
Comment:
Official Plan and Zoning By-law
Pickering Official Plan — Open Space System — Active Recreational Area and Urban
Residential Area — Low Density Area within the Rosebank Neighbourhood
Zoning By-law 2511 — "R4"
Appropriateness of the Application
Front Yard Depth Variance
• the intent of the front yard depth af 7.5 metres is to provide an adequate
buffer space between buildings and street activity, and to provide an
adequate landscaped area at the front of the property
• the variance for a 3.3 metres front yard depth wouid apply only ta the
staircase ieading to a proposed detached dwelling setback 7.5 metres from
the front lat line
• the proposed variance would maintain the neighbourhood character on Rodd
Avenue, provide an appropriate buffer space and provide an adequate
landscaped area within the front yard of the property
• the intent of the zoning by-law would be maintained
Flankage Side Yard Width Varian�e
the intent of the 4.5 metres #lankage 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 yard of the property
the proposed flankage side yard width of 1.5 metres to an unopened
municipal road allowance that the City has no current plans to apen appears
to provide an appropriate buffer space
the intent of the zaning by-law would be maintained
Report P/CA 13/12
��t
Input From Other Sources
Form letter signed by 15 neighbours advising they support the application.
Engineering Services
Date of repart: April 4, 2012
Comments prepared by:
����'
Mila Yeung
Planner II
MY: RP:Id
cofalrepo rts12012/pca 13-12. doc
Enclasures
April 11, 2Q12
Page 3
• there are no current plans to open and
maintain the road allowance that abuts
the subject property
�`�, o-�
Ross Pym, MCIP, PP
Principal Planner — Development Review
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Information Cornpiled From Applicant's
Submitted Plan
P/CA 13/12 -
J. Pition & C. Mullin
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Submitted Plan
P/CA 13/12 -
J. Pition 8� C. Mullin
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c�t� °� Report to
; ; Committee of Adjustment
I�KERI Application Number: P/CA 14J12
Meeting Date: April 11, 2Q12
From: Ross Pym, MCIP, RPP
Principal Plannar— Development Review
Subject: Committee of Adjustment Application P/CA 14I12
V. 8 L. Klukiewicz
$65 Darwin Drive
{Lot 25, Plan 40 M 1628)
City of Pickering
Application:
The applicant reques#s relief from Zoning By-law 3036, as amended by By-law 2918/88
ta permit a rear yard depth of 2.5 metres to a proposed deck, whereas the by-law
requires a rear yard depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain a building permit for
the proposed deck.
Recornmendation:
The Planning & Development Department considers the rear yard depth of 2.5 metres
to be a major variance that is not desirable far 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 recommends a rear yard depth of 5.7 metres
#o the proposed raised deck.
The Planning & Development Department considers a rear yard depth of 5.7 metres to
a proposed raised deck with guardrails to be a minvr variance that is desirable for the
appropriate development of the land, and in keeping with the general intent and purpose
of the Zaning By-law, and therefore recommends Approval of the proposed variance,
subject to the following conditions:
1. That this variance apply only to the proposed raised deck and guardrail, as
generally sited and outlined on the applicant's submitted plans.
2. That the applicant revised the proposed development to exclude guardraifs in
the design of the deck where the deck is under 0.6 metres in height.
3. That the applicant obtain a building permit for the proposed construction by
Apri1 11, 2014, or this decision sha11 become null and void.
Report P/CA 14/12
April 11, 2012
Page 2
Comment:
Official Plan and Zoning By-law
Pickering Officiai Plan — Urban Residential Area — Low Density Area within the
Dunbarton Neighbourhood
Zaning By-law 3036 as amended by 2918/88 —"S1"
App�opriateness of the Application
Rear Yard Depth Variance
• 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 apenness, and to provide an appropriate buffer space between structures on
abutting properties
• the proposed rear yard depth of 2.5 metres to the proposed uncovered deck with
guardrails wifl not maintain an adequate amenity space in the rear yard and will
not maintain the existing established character of openness
• the recommended rear yard depth of 5.7 metres to a proposed uncovered deck
with guardrails wilf maintain the established character of openness and provide
an appropriate buffer space between structures on abutting properties
• the Ontario Building Code does not require guardrails to be constructed on a
deck that is less than 0.6 metres in height and the by-law states that uncovered
steps nat exceeding 0.9 metres in height above grade may project 1.5 metres
into any require front or rear yard, thereby the removal of the guardrails from the
lowest deck where it is less than 0.6 metres in height will comply with the
setbacks of the zoning by-law
• the intent of the Zoning By-law will be maintained
Date of report: Apri14, 2012
Comments prepared by:
,�ti��,.
�
Mila Yeung
Planner II
MY:RP:Id
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Enclasures
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Principal Planner — Development Review
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Submitted Plan
P/CA 14/12 -
V. $� L. Klukiewicz
DARWIN DRIVE
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Mar. 26, 2472.
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P/CA 14112 -
V. 8� L. Klukiewicz
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Department, Planning Infortnation Services Divislon Mapping and Design,
Mac 26, 2012.
�_� �� Report to
; ; Committee of Adjustment `��
I � KERI Application Number: P/CA 15I12
Meeting Date: April 11, 2012
From: Ross Pym, MCIP, RPP
P�incipal Planner — Develapment Review
Subject: Committee of Adjustment Application P/CA 15/12
B. Gamble 8� J. Wilcox
484 4akwood Drive
(Part Lot 97, Plan 350, Part 1, 40R-2552)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 2511 to permit a new detached 3 car
garage having a height of 5.8 metres and a flankage side yard width of 4.5 metres to the
proposed garage, whereas the by-law permits a maximum accessory building height of
3.5 metres and requires a minimum flankage side yard width of 7.5 metres tv an
accessory structure.
The applicant requests approval of this variance in order to obtain a building permit for
the proposed detached 3 car garage and obtain zoning compliance for the existing
flankage side yard width.
Recommendation:
The Planning & Development Department considers the accessary building height of
3.5 metres and a flankage side yard width of 4.� metres to the proposed detached
garage to be major variances that are not desirable for the appropriate development of
the land, and not in keeping with the general intent and purpase flf the Zoning By-law,
and therefare recommends Refusal of the proposed variances.
Comment:
Official Plan and Zoning By-law
Pickering Official Plan —"Urban Residential Area — Low Density Area" within the
Rosebank Neighbourhvod
Zoning By-law 2511 — "R4"
Report PlCA 15/12
� ��
Appropriateness of the Application
Accessory Structure Height Variance
April 11, 2012
Page 2
• the intent of the maximum accessory building height of 3.5 metres is to
minimize the visual impact of accessory buikdings on abutting properties and
on the streetscape, and to ensure other yards are not significantiy obstructed
by these structures on the property
• the proposed garage height af 5.4 metres will create a visual impact on the
streetscape of the proposed road (as known as Milton Road} that is planned
to eventually become an opened municipal right-of-way in the future
• the location of the proposed detached garage having a height of 5.4 metres will
create a negative visual impact on the streetscape as it will be in complete view
and not screened
• the intent of the by-law would not be maintained
Flankage Side Yard Width Variance
• the intent of the flankage side yard width requirement of 7.5 metres to an
accessary structure is to provide an adequate buffer space befinreen street
activity, an adequate landscaped area in the flankage side yards of the
property and to be consistent with the front yard depth af abutting lots that
firont onto the same road
• the flankage side yard width of 4.5 metres to a proposed detached garage
does not appear to provide adequate space for the movement of a large
camper trailer to access the proposed garage
• given that the existing detached dwelling has a two car garage within it, the
proposed development for a detached three car garage, does nat preserve
the residential nature of a neighbourhaod which is to provide parking only for
the residential occupants of the property
• the proposed detached garage represents an overdevelopment of the
property as the size of the detached garage is as big as the main dwelling �
and accessory structures are intended to be significantly smaller for
residential properties
• to access the proposed detached garage, the applicant proposes ta pave the
flankage side yard and the front yard as driveway to allow vehicuiar access
into the rear yard where the proposed garage is located
• the paving of the front yard and flankage side yard along with the existing
driveway to the attached garage does not provide any landscaping along
Oakwood Drive and thereby does n�t constitute appropriate development in a
residential neighbourhood
• the intent of the zoning by-law would not be maintained
Report P/CA 15I12
Input From Other Sources
Development Control
Date of report: April 4, 2012
Cvmments prepared by:
,�n�j 0�.
, ���N�
Mila Yeung
Planner II
MY:RP:Id
wfa/rapaAsl20 t ypca 1542.doc
Enclasures
April 11, 2012
Page 3
• we can support a 6.0 metres flankage
side yard width to allow for fu#ure
access from Milton Road should it ever
be extended
• if a 4.5 metres flankage side yard is
permitted a 0.3 metres reserve will be
required to restrict future access to
Milton Road
• a grading permit wilf be required if the
application is approved
cr�
Ross Pym, MCI ; RPP
Principal Planner — Development Review
3�
� i,
To permit a flanka
side yard width of
4.5 metres
Information Compiled From Applicant's
Submitted Pfan
PlCA 15i12 -
B. Gamble 8� J. WiEcox
MILTON ROAD(NOT TRAVELLED�
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12.1 m
To permit a height
of 5.6 metres to a
proposed garage
PROPQSED 56.Om � �
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Department, Planning Information Services Division Mapping and Design,
Mar 26, 2012.
� `st
Information Compiled From Applicant's
Submitted Plan
PICA 15/'I2 -
B. Gamble & J. Wilcox
SIDE ELEVATIONS
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Depertment, Planning Informetion Services Division MapD�ng and Design,
Mac 2fi, 2o12.