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HomeMy WebLinkAbout03 March 20, 2013Committee of Adjustment Agenda Meeting Number: 3 Date: Wednesday, March 20, 2013 (I) Adoption of Agenda (II) Adoption of Minutes from February 6, 2013 (Ill) Reports 1. PICA 16/13 to PICA 17/13 OPB Realty Inc. 1809 & 1815 Liverpool Road 2. PICA 18/13 -E. Roles 706 Ann land Street 3. PICA 19/13 to PICA 20/13 L. & P. Murray/A. Colella & C. McKinnon 720 & 722 Front Road (IV) Adjournment Committee of Adjustment Agenda Wednesday, March 20, 2013 7:00pm Main Committee Room Page Number 1-4 5-12 13-17 18-22 Accessible •-- PICKE~G For information related to accessibility requirements please contact Lesley Dunne T. 905.420.4660, extension 2024 TTY 905.420.1739 Email ldunne@pickering.ca Pending Adoption Present: David Johnson -Chair Eric Newton Bill Utton Shirley Van Steen -Vice-Chair Also Present: Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, February 6, 2013 7:00pm Main Committee Room David Johnson, Committee Chair acknowledged the presence of Peter Rodrigues, Regional Councillor-Ward 3 (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, February 6, 2013 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton Carried Unanimously That the minutes of the 1st meeting of the Committee of Adjustment held Wednesday, January 16, 2013 be adopted. Carried Unanimously 1 (Ill) 1. Committee of Adjustment Meeting Minutes Wednesday, February 6, 2013 7:00pm Main Committee Room Reports PICA 12113 to PICA 15113-SR & R Bay Ridges Ltd. Units 111, 112, 113 & 120 1250 St. Martins Drive City of Pickering The applicant has requested the following reliefs from the Zoning By-law 2520, as amended by By-law 6705106: • to permit 4 townhouse units in a townhouse building block to be located outside the building envelope, whereas the by-law requires all buildings and structures shall be located entirely within the building envelope • to permit a building envelope setback of 3. 7 metres to the south property line for townhouse unit 111, whereas the by-law requires a building envelope setback of 4.0 metres to the south property line • to permit a building envelope setback of 3.5 metres to the south property line for townhouse units 112 and 113, whereas the by-law requires a building envelope setback of 4.0 metres to the south property line • to permit a building envelope setback of 2.2 metres to the south property line for townhouse unit 120, whereas the by-law requires a building envelope setback of 4.0 metres to the south property line The applicant requests approval of these variances in order to obtain Zoning By- law compliance to recognize an as built condition. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Patrick Bakos, agent, was present to represent the application. Kelly Hiii-Berardi of 253 Lake Driveway and Ada O'Connor of 90 Melrose Street were present to obtain additional information on the applications. In response to questions M. Yeung, Assistant Secretary-Treasurer explained the applications and the zoning by-law requirements. 2 Moved by Shirley Van Steen Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, February 6, 2013 r! 3 7:00pm Main Committee Room That application PICA 12113 to PICA 15113 by SR & R Bay Ridges Ltd., be Approved on the grounds that the 4 townhouse units in the townhouse building block requiring the following variances: • to permit 4 townhouse units in a townhouse building block to be located outside the building envelope • to permit a building envelope setback of 3.7 metres to the south property line for townhouse unit 111 • to permit a building envelope setback of 3.5 metres to the south property line for townhouse units 112 and 113 • to permit a building envelope setback of 2.2 metres to the south property line for townhouse unit 120 are minor in nature, desirable for the appropriate development of the lands, 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 condition: 1. That the requested variances apply only to the units 111, 112, 113 and 120 of the townhouse building block as generally sited and outlined on the applicant's submitted plans. Carried Unanimously 3 (IV) Date Chair Adjournment Moved by Eric Newton Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, February 6, 2013 7:00pm Main Committee Room That the 2nd meeting of the 2013 Committee of Adjustment be adjourned at 7:14pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 27, 2013. Carried Unanimously Assistant Secretary-Treasurer 4 From: Subject: Applications PICA16113 Report to Committee of Adjustment Application Numbers: PICA 16113 and PICA 17113 Meeting Date: March 20, 2013 Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Committee of Adjustment Application PICA 16113 and PICA 17113 OPB Realty Inc. 1809 & 1815 Liverpool Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 5994102 to permit a minimum building setback of 4.0 metres and a minimum setback of 1.5 metres to a patio, whereas the by-law requires a minimum building setback of 9.0 metres. PICA 17113 The applicant requests relief from Zoning By-law 3036, as amended by By-law 5994102 to permit minimum building setback of 3.0, whereas the by-law requires a minimum building setback of 9.0 metres. The applicant requests approval of these variances in order to obtain site plan approval and building permits for the proposed two restaurant buildings. Recommendation PICA 16113 The City Development Department considers the minimum building setback of 4.0 metres and the minimum setback of 1.5 metres to a patio to be minor in nature 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 building and patio, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by March 20, 2015, or this decision shall become null and void. ... ~ . 'I) Report PICA 16113 and PICA 17113 March 20, 2013 Page 2 Recommendation PICA 17/13 The City Development Department considers the minimum building setback of 3.0 metres to be minor in nature 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 variances, subject to the following conditions: 1. That these variances apply only to the proposed restaurant building and patio, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by March 20, 2015, or this decision shall become null and void Comment Official Plan and Zoning By-law Pickering Official Plan -"Mixed Use Areas-Downtown Core" within the Town Centre neighbourhood Zoning By-law 3036 as amended by By-law 1581182, 2472187 and 5994102-"MCA-1 & MCA-2" Background In the Notice of the Public Hearing, two additional minor variances were requested for PICA 17113 to reduce parking ratios for office and retail uses. Since the Notice, our records indicate that the Decision of the Committee of Adjustment for minor variance application PICA 08109 that approved the parking ratio reduction included both properties at 1355 Kingston Road and 1815 Liverpool Road. Consequently, a relief to the by-law for parking ratio reductions on 1815 Liverpool Road is not required and therefore, the parking ratio reliefs are withdrawn from the minor variance application PICA 17113. The proposed restaurant use complies with the required parking ratio of 4.4 parking spaces per 1 00 square metres of Gross Leasable Floor Area. Appropriateness of the Applications Building Setback Variance • the building setbacks for the subject properties are intended to provide an appropriate and functional setback for development of the subject lands and to ensure future buildings does not conflict with surrounding land uses • the proposed single storey commercial building at 1805 Liverpool Road is expected to be occupied by Moxies and will provide a minimum building setback of 4.0 metres and a minimum setback of 1.5 metres to a proposed patio from the front lot line along Liverpool Road Report PICA 16113 and PICA 17113 March 20, 2013 ;!7 Page 3 • the proposed 2 storey commercial building at 1815 Liverpool Road is expected to be occupied by Pickle Barrel and will provide a minimum building setback of 3.0 metres from the front lot line along Liverpool Road • the requested setbacks will provide an appropriate and functional building setback for the development of the subject lands • in accordance with the Pickering Downtown Core Development Guidelines, reduce setbacks and bringing buildings closer to the street is desirable in the Downtown Core in order to create a direct and accessible relationship between the sidewalk and the building, provides a stronger building presence on the street, encourages pedestrian activity and strengthens the visual and physical links between the building and the public realm • staff are of the opinion that the requested variances to reduce the minimum building setbacks are minor in nature, desirable for the appropriate development of the subject lands and is in keeping with the intent of the official plan and zoning by-law Input From Other Sources Site Plan Committee Date of report: March 13, 2013 Comments prepared by: 0\~j.'h Mila Yeung Planner II MY:NS:Id J:\Documents\Development\D-3700\Reports\2013\pca16-13 and pca17/13.doc Enclosures • in support of the site plan applications and expressed no concerns Nilesh S i, MCIP, RPP Manager, Development Review & Urban Design ns '' w ~ f---+----i 0 _J 0 0 Q_ 0::: w > ::::i GO TRANSIT STATION ART THOMPSON ARENA City Development Department OWNER OPBRealty Inc. DATE Feb 11,2013 DRAWN BY JB FILE No. P/CA 16/13 & P/CA 17/13 SCALE 1 :5,000 CHECKED BY MY PN-3 PICA 16113 PICA 17113 Information Compiled from Applicant's Submitted Plan PICA 16113 & PICA 17113 OPB Realty Inc. This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, February 2, 2013. 10 Information Compiled from Applicant's Submitted Plan To permit a minimum building setback of 4.0 metres and a minimum setback of 1.5 metres to a patio To permit a minimum building setback of 3.0 metres Q 3 fl .../ 0 0 : ~ ... .../ PICA 16113 & PICA 17113 OPB Realty Inc. .... --.. ..---~-.. @ t1 This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, February 2, 2013. Information Compiled from Applicant's Submitted Plan PICA 16113 & PICA 17113 OPB Realty Inc. 11 . I This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, February 2, 2013. Information Compiled from Applicant's Submitted Plan PICA 16113 & PICA 17113 OPB Realty Inc. NORTH ELEVATION SOUTH ELEVATION WEST ELEVATION EAST ELEVATION This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, February 28, 2013. From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment "'3 Application Number: PICA 18113 -- Meeting Date: March 20, 2013 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 18113 E. Roles 706 Ann land Street The applicant requests relief from Zoning By-law 2520, as amended, to recognize an existing lot frontage of 19.0 metres, an existing lot area of 605 square metres, an existing southerly side yard width of 1. 7 metres, whereas the by-law requires a minimum lot frontage of 21.0 metres, a minimum lot area of 650 square metres and a minimum side yard width of 2.4 metres . .. In addition, the applicant has also requested relief to permit a minimum front yard depth of 4.9 metres and a minimum flankage side yard width of 4.4 metres, whereas the by-law requires a minimum front yard depth of 7.5 metres and a minimum flankage side yard width of 4.5 metres. The applicant requests approval of these variances in order to obtain a building permit to raise the existing dwelling. Recommendation The City Development Department considers the existing minimum lot frontage of 19.0 metres, the existing minimum lot area of 605 square metres, the existing minimum side yard width of 1.7 metres, the proposed minimum front yard depth of 4.9 metres and the proposed minimum flankage side yard width of 4.4 metres to be minor in nature 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 raised dwelling and existing lot, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed dwelling construction by March 20, 2015, or the decision on the variances for the proposed construction shall become null and void. Report PICA 18/13 March 20, 2013 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan-"Urban Residential Areas-Low Density Areas" within the Bay Ridges Neighbourhood Zoning By-law 2520-"RM1" Appropriateness of the Application Lot Frontage and Lot Area Variance • the intent of the minimum lot frontage and minimum lot area requirements are to ensure that a lot is of an appropriate size and configuration to accommodate a dwelling that would be generally in keeping with the surrounding area • the subject property is a existing lot of record that has a lot frontage of approximately 19.0 metres and a lot area of approximately 650 square metres • the existing lot is of an appropriate size and configuration to accommodate the existing dwelling which is compatible with the surrounding area • the intent and purpose of the zoning by-law would be maintained Side Yard Widths Variance • the intent of the side yard width requirement is to provide adequate separation through an open space buffer between adjoining properties to protect privacy of neighbouring amenity areas, to provide adequate access to the rear yard, to ensure the preservation of a private landscaped amenity area on the subject property and to ensure adequate space is provided for the maintenance of the structures • the existing side yard width of 1. 7 metres to the existing dwelling is an existing situation that provides an appropriate open space buffer between adjoining properties to protect privacy of neighbouring amenity areas, preserves a private landscaped amenity area on the subject property and ensures adequate space is provided for the maintenance of the structures • adequate access to the rear yard of this lot is provided on the flankage side yard width along Hewson Drive • the intent of the zoning by-law would be maintained Front Yard Depth Variance • the intent of this provision is to provide an adequate buffer space between the building and the street activity in the front yard, and to provide an adequate landscaped area and parking space at the front of the property • a front yard depth of 7.6 metres is provided to the dwelling which is in keeping with the character and front yard depth of existing lots on Ann land Street • the proposed 4.9 metres front yard depth is only to the proposed uncovered steps which provides an adequate buffer space between the building and the street Report PICA 18/13 March 20, 2013 Page 3 • the parking spaces and driveway on the property are provided on the flankage side yard along Hewson Drive and therefore, the proposed 4.9 metres front yard depth does not prohibit the on-site parking of private vehicles • the intent of the zoning by-law would be maintained Flankage Side Yard Width Variance • the intent of this provision is to provide an adequate buffer space between buildings and street activity in the flankage side yard, provide an adequate landscaped area • the proposed flankage side yard width is 4.4 metres to a proposed uncovered deck and 8.0 metres to the dwelling will have no adverse impact on the streetscape • a flankage side yard width of 4.4 metres will provide adequate buffer space and a landscaped area within the flankage side of the property • the intent of the zoning by-law will be maintained Input From Other Sources Chief Building Official Development Control Date of report: March 13, 2013 Comments prepared by: 0,~~~ Mila Yeung \j Planner II MY:NS:Id J:\Documents\Development\D-3700\Reports\2013\pca13-13.doc Enclosures • the total area of openings may or may not comply with Ontario Building Code requirements for spatial separation between houses due to the 1.7 metres side yard width • this item, along with other building code requirements, will be reviewed upon receipt of a building permit application • no comments Niles, Surti, MCIP, RPP Manager, Development Review & Urban Design City of Pickering City Development Department -------- PROPERlY DESCRIPTION Lot 1 048, Plan M 15 ~----------------------------.-----------,-------~ OWNER E. Roles FILE No. P/CA 18/13 0 Cl OUI'"CeS: Teronet Enterprises Inc. end its suppliers. All rights Reserved. Not o plan of survey. 2012 MPAC ond its suppliers. All rights Reserved. Not o plan of Surve . DATE Feb 28, 2013 DRAWN BY JB SCALE 1 :5,000 CHECKED BY MY PN-1 To recognize a lot area of 605 square metres t Information Compiled From Applicant's Submitted Plan PICA 18/13 - E. Roles o permit a minimum flankage ide yard width of .4 metres HEWSON DRIVE -f. EXISTING DWELLING TO BE RAISED·. 30.4m E ·""' To recognize a side yard width of 1. 7 To permit a minim\Jm front yard depth of 4.9 metres ... ,··· metres I 1-w w 0::: 1-- C/) 0 z <( _J z z <( To recognize a lot frontage of 19.0 metres !7 This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, Jan 21, 2013. 18 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 19/13 & PICA 20/13 Meeting Date: March 20, 2013 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 19/13 & PICA 20/13 L. & P. Murray/A. Colella & C. McKinnon 720 & 722 Front Road The applicant requests relief from Zoning By-law 2511, as amended, to permit a minimum lot area of 430 square metres for the proposed severed parcel and for the retained parcel as created through Land Division Application LD 058/12, whereas the by-law requires a minimum lot area of 435 square metres, as approved through two Minor Variance Applications PICA 35/11 and PICA 36/11. The applicant requests approval of these variances in order to finalize an approved Land Division Application LD 058/12. Recommendation The City Development Department considers the reduced lot area of 430 square metres for the proposed severed parcel and for the retained parcel to be minor in nature 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 lots created through Land Division Application LD 058/12, as generally sited and outlined on the applicant's submitted plans. 2. That the lot area variances approved through Minor Variance Applications PICA 35/11 and PICA 36/11 are null and void. 3. That the applicant finalizes Land Division Application LD 058/12 to the Region of Durham Land Division Committee by July 22, 2013, or this decision shall become null and void. Report PICA 19/13 and PICA 20/13 Comment Official Plan and Zoning By-law March 20, 2013 Page 2lJ Pickering Official Plan -"Urban Residential -Medium Density Area" within the Bay Ridges Neighbourhood Although the proposed minimum lot areas created through Land Division Application LD 058/12 does not conform to the medium density area requirements of the Official Plan, Section 3.9(d) of the Plan may limit residential densities below the minimum net residential density if demonstrated to the City's satisfaction that the design, site layout, blocking and/or phasing of the project can be intensified over time. Zoning By-law 2511 -"R4"-Fourth Density Residential Zone Background On August 17, 2011, the City of Pickering Committee of Adjustment approved two minor variance applications for the proposed severed parcel and for the retained parcel, which reduced the minimum lot frontages from 15.0 metres to 14.4 metres and the minimum lot areas from 460 square metres to 435 square metres. On June 11, 2012, the Region of Durham Land Division Committee approved an application to sever the subject lands in order to create a total of two residential lots (LD 058/12), subject to the applicant satisfying the requirements of the City of Pickering, amongst other conditions. The lots were intended to accommodate minimum lot frontages and lot areas, in compliance with the Pickering Committee of Adjustment's decisions. While satisfying the City's requirements for Land Division, the applicant submitted a Registered Reference Plan, which illustrated that the proposed lot areas were insufficient. As a result, the applicant has resubmitted two minor variance applications to reduce the proposed lot areas from 435 square metres to 430 square metres for both the proposed severed and retained parcels in order to finalize the conditions of the Land Division Application before it expires on July 22, 2013. Appropriateness of the Application Lot Area Variances • the intent of the lot area variance is to ensure that a usable lot size is compatible to the surrounding area • the proposed lot areas of 430 square metres will be compatible to the existing lots fronting onto Front Road • opportunity still exists to achieve medium density on the residential block through future development in the area • the intent of the zoning by-law would be maintained 20 Report PICA 19113 and PICA 20113 Date of report: March 13, 2013 Comm_ents prepared by: Yea Planner II AY:NS:Id J:\Documents\Development\0-3700\Reports\2013\PCA 19-13 & PCA 20-13.doc Enclosures March 20, 2013 Page 3 Nilesh S rti, MCIP, RPP Manager, Development Review & Urban Design nT '-------- - --- FRENCHMAN'S BAY City of Pickering Jl1- HOLY REDEEMER SEPARATE SCHOOL 21 City Development Department PROPERTY DESCRIPTION South and West Part of Lot 2 Plan M-90 OWNER L. & P. Murray & A. Colella & C. McKinnon DATE Feb 27,2013 DRAWN BY JB FILE No. P/CA 19/13 & P/CA 20/13 SCALE 1:5,000 CHECKED BY AY PN-3 (,} ") ;,,.-~ ~ .... .. -- Information Compiled from Applicant's Submitted Plan PICA 19113 & PICA 20113 L. & P. Murray & A. Colella & C. McKinnon To permit a lot area of 430 square metres .... . ..., ..... - PROPOSED RETAINED LOT 430m 2 430m 2 PROPOSED SEVERED LOT -· -30. Approved through PICA 35111 & PICA 36111 I' .... . E v 0 v <( T""" 0 0:: f • I-co z -N -0 0:: E LL v v T""" This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Mapping and Design, March 4, 2013 ..