HomeMy WebLinkAbout06 May 22, 2013Committee of Adjustment
Agenda
Meeting Number: 6
Date: Wednesday, May 22, 2013
(I) Adoption of Agenda
(II) Adoption of Minutes from May 1, 2013
(Ill) Reports
1. PICA 26113
J. & K. Sukhra
1101 Gossamer Drive
2. PICA 27113
G. Modica
481 Oakwood Drive
3. PICA 28113
H. & Z. Tieze
1877 Pine Grove Avenue
4. PICA 29113
G. & J. Timleck
691 Foxwood Trail
(IV) Adjournment
Committee of Adjustment
Agenda
Wednesday, May 22, 2013
7:00pm
Main Committee Room
Page Number
1-4
5-10
11-17
18-21
22-26
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:
Tom Copeland
David Johnson -Chair
Eric Newton
Bill Utton
Shirley Van Steen -Vice-Chair
Also Present:
Mila Yeung, Assistant Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Committee of Adjustment
Meeting Minutes 01
Wednesday, May 1, 2013
7:00pm
Main Committee Room
Chair, David Johnson brought the meeting to order and turned the proceedings over the
Vice-Chair, Shirley Van Steen to Chair the remainder of the meeting.
(I) Adoption of Agenda
Moved by Bill Utton
Seconded by Eric Newton
That the agenda for the Wednesday, May 1, 2013 meeting be adopted.
(II) Adoption of Minutes
Moved by David Johnson
Seconded by Tom Copeland
Carried Unanimously
That the minutes of the 4th meeting of the Committee of Adjustment held
Wednesday, April 10, 2013 be adopted.
Carried Unanimously
1
Committee of Adjustment
Meeting Minutes
0 2 Wednesday, May 1, 2013
7:00pm
Main Committee Room
(Ill) Reports
1. P/CA24/13
J. & D. Meulensteen
818 Kate's Lane
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended by By-law 4407/73:
• to permit a minimum rear yard depth of 6.7 metres; whereas the by-law
requires a minimum rear yard depth of 7.5 metres
• to permit a minimum south side yard width of 0.9 metres; whereas the by-law
requires a minimum side yard width of 1.2 metres
• to recognize a north side yard width of 0.1 metres to an existing shed
(Shed #1) having a height of 2.0 metres, whereas the by-law requires a
minimum side yard width of 1.0 metres for all accessory structures greater
than 1.8 metres in height
The applicant requests approval of these variances in order to obtain a building
permit for a single storey addition to the rear of the existing building and ensure
zoning compliance for Shed #1.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering City Development Department recommending approval subject
to conditions. Written comments were received from the City's Chief Building
Official indicating consideration should be given to spatial separation issues,
which will be reviewed at the building permit submission stage.
Written comments were also received from CN Rail advising that by employing
brick veneer, acoustically-upgraded windows and air conditioning units that the
detached dwelling will not be further exposed to railway noise.
John Meulensteen, owner, was present to represent the application. Caroline
Kimble was present in favour of the application.
Caroline Kimble indicated brick-veneer will be used for the proposed addition
and expressed a concern with the acoustically-upgraded windows that CN Rail
has recommended. Caroline Kimble provided clarification to the Committee
regarding the CN Rail's recommendations and City staff concurred with the
explanation.
2
Committee of Adjustment
Meeting Minutes ... [\ 3 Wednesday, May 1, 2013 ,_
7:00pm
Main Committee Room
Moved by Eric Newton
Seconded. by Bill Utton
That application PICA 24113 by J. & D. Meulensteen, be Approved on the
grounds that the minimum rear yard depth of 6.7 metres, the minimum south side
yard width of 0.9 metres and the north side yard width of 0.1 metres to an
existing shed are 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, subject to the following conditions:
1. That these variances apply only to the proposed single storey addition and
Shed #1, as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtains a building permit for the proposed single storey
addition by May 1, 2015, or the decision affecting its rear and side yard
setbacks shall become null and void.
2. PICA 25113
J. & J. Gray
699 Front Road
Carried Unanimously
The applicant requests relief from Zoning By-law 2511 to permit a front yard
depth of 0.3 metres to a second storey addition above the existing dwelling and a
front yard depth of 5.2 metres to a proposed two-storey addition supporting a
covered vehicular entrance, whereas the by-law requires a minimum front yard
depth of 7.5 metres.
The applicant requests approval of these variances in order to obtain a building
permit for a proposed addition to the existing dwelling.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering City Development Department recommending deferral to allow
the Heritage Pickering Advisory Committee an opportunity to review and
comment on the application. Written comments were received from the City's
Chief Building Official indicating the proposed second storey addition above the
existing dwelling may affect the existing foundations and will be addressed at the
building permit stage. Written comments were also received from the City's
Development Control Manager expressing no concerns.
3
Committee of Adjustment
Meeting Minutes
Wednesday, May 1, 2013
7:00pm
Main Committee Room
Jesse & Jodie Gray, owners, were present to represent the application. No
further representation was present in favour of or in objection to the application.
Moved by Bill Utton
Seconded by David Johnson
That application PICA 25/13 by J. & J. Gray, be Deferred to the June 12, 2013
meeting to allow the Heritage Pickering Advisory Committee time to review and
comment on the application.
Carried Unanimously
(IV) Adjournment
Date
Moved by Eric Newton
Seconded by Bill Utton
That the 5th meeting of the 2013 Committee of Adjustment be adjourned at
7:15 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, May 22, 2013.
Carried Unanimously
Vice-Chair
Assistant Secretary-Treasurer
4
Report to
')-Committee of Adjustment ,. J
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Application Number: PICA 26113
Meeting Date: May 22, 2013
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 26113
K. & J. Sukhra
1101 Gossamer Drive
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4113192
to permit a minimum rear yard depth of 3.4 metres to a roof extension within the rear
yard, a maximum lot coverage of 39 percent to accommodate the existing roof
extension in the rear yard, and an 8 square metre shed in the front yard with a minimum
front yard depth and flankage side yard width of 0.6 metres, respectively; whereas the
by-law requires a minimum rear yard depth of 7.5 metres, a maximum lot coverage of
38 percent and that all accessory buildings detached from the dwelling shall be erected
in the rear yard.
The applicant requests approval of these variances in order to obtain a building permit
for an existing roof extension within the rear yard and zoning compliance for an existing
shed.
Recommendations
1. The City Development Department considers the minimum rear yard depth of
3.4 metres to a roof extension within the rear yard, and a maximum lot coverage of
39 percent to accommodate the roof extension within the rear yard, to be minor in
nature that are 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 conditions:
a. That these variances apply only to the roof extension, as generally sited and
outlined on the applicant's submitted plans.
b. That the applicant obtain a building permit for the proposed construction by
May 22, 2015, or this decision shall become null and void.
And
Report PICA 26/13 May 22, 2013
Page 2
2. The City Development Department considers an 8 square metre shed within the
front yard with a minimum front yard depth and flankage side yard width of
0.6 metres, respectively, is considered not to be desirable for the appropriate
development of the land, and not in keeping with the general intent and purpose of
the Zoning By-law, and therefore recommends Refusal of the proposed variances.
OR
If the applicant were to request that the application be amended to allow an 8 square
metres shed within the flankage yard with a minimum setback of 12.0 metres from the
front lot line and a flankage side yard width of 0.6 metres, the following recommendation
would apply:
1. The City Development Department considers an 8 square metres shed within the
flankage side yard with a minimum setback of 12.0 metres from the front lot line
and a minimum flankage side yard width of 0.6 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 Zoning By-law and therefore,
recommends Approval of the proposed variances, subject to the following
condition:
a. That these variances apply only to the shed that will be relocated to be in the
west side yard of the lot by August 22, 2013, or this decision shall become
null and void.
Comment
Official Plan and Zoning By-law
Pickering Official Plan -Urban Residential Area -Low Density Area within the Liverpool
Neighbourhood
Zoning By-law 3036 as amended by By-law 4113/92 -"83-3"
Appropriateness of the Application
Rear Yard Depth Variance and Lot Coverage Variance
• the intent of the minimum rear yard depth is to ensure that a useable amenity
space is provided within the rear yard
• the intent of the maximum lot coverage requirement is to maintain an appropriate
amount of yard (amenity area) uncovered by buildings on a lot, and to regulate
the maximum size and massing of building on a lot
Report PICA 26/13 May 22, 2013
Page 3
• the applicant has requested to increase the maximum lot coverage from 38 percent
to 39 percent and reduce the maximum rear yard depth from 7.5 metres to
3.4 metres to facilitate the construction of a roof extension within the rear yard
• since the requested variance are only for a roof extension, appropriate amenity
area is provided within the rear yard and no additional building massing is
proposed to reduce useable amenity space
• there appears to be no adverse impact on surrounding properties
• the requested variance is minor in nature and maintains the intent of the zoning
by-law
Accessory Structure in the Front Yard Variance
• the intent of the requirement for accessory structures to be located in the rear
yard is to maintain a visually attractive front yard and streetscape, maintain
adequate buffer space between buildings on a property and street activity, and
avoid adverse impact on the streetscape
• permitting the shed within the front yard may establish a precedent for others to
erect accessory structures within the front yard
• staff recommends that the existing shed be relocated within the flankage yard
which would be screened by existing fencing and landscaping thereby minimizing
the visual impact of the shed along Gossamer Drive
• the requested variance of permitting a shed within the front yard is not desirable
and does not maintain the intent of the zoning by-law
Date of report: May 16, 2013
Comments prepared by:
L\f~l~~
Mila Yeung'-) ,J
Planner II
MY:NS:Id
J:\Documents\Development\D-3700\Reports\2013\pca26-13.doc
Enclosures
urti, MCIP, RPP
Manager, Development Review & Urban Design
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City Development Department
PROPERTY DESCRIPTION 1101 Gossamer Drive (Lot 55, Plan 40M-1811)
OWNER K. & J. Sukhra DATE Apr. 27, 2013 DRAWN BY JB
FILE No. P/CA 26/13 SCALE 1 :5,000 CHECKED BY MY
PN-12
To recognize a shed in the
front yard
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Information Compiled from Applicant's
Submitted Plan
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K. & J. Sukhra
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To permit a rear yard depth
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This map was produced by the City of Pickering City Development Department.
Planning Information Services Mapping and Design, May 3, 2013.
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Information Compiled from Applicant's
Submitted Plan
PICA 26/13
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This map was produced by the City of Pickering City Development Department,
Planning Information Services Mapping and Design, May 3, 2013.
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 27113
Meeting Date: May 22, 2013
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 27113
G. Modica
481 Oakwood Drive
The applicant requests relief from the following provisions of Zoning By-law 2511, as
amended:
• to permit a minimum south side yard width of 0.9 metres to a proposed attached
garage; whereas the by-law requires a minimum side yard width of 1.5 metres
• to permit a minimum flankage side yard width of 1.9 metres to a proposed
covered entrance and to recognize a flankage side yard width of 1.3 metres to an
existing two-storey detached dwelling; whereas the by-law requires a minimum
flankage side yard width of 4.5 metres
• to recognize a south side yard width of 0. 7 metres to an existing two storey
detached dwelling and to an existing uncovered rear deck; whereas the by-law
requires a minimum side yard width of 1.5 metres
• to recognize a rear yard depth of 0.7 metres and a flankage side yard width of
0. 7 metres to an existing shed on a corner lot; whereas the by-law requires a
minimum rear yard depth of 3.0 metres and a minimum flankage side yard width
of 4.5 metres for all accessory buildings located on a corner lot
The applicant requests approval of these variances in order to obtain a building permit
to construct a covered entrance within the side yard and an attached garage within the
front yard, as well as to obtain zoning compliance for the existing dwelling, uncovered
rear deck and shed.
Recommendation
The City Development Department considers the minimum south side yard width of
0.9 metres to a proposed attached garage; the minimum flankage side yard width of
1.9 metres to a proposed covered entrance; the flankage side yard with of 1.3 metres to
the existing two-storey detached dwelling; the south side yard widths of 0.7 metres to
the existing two-storey dwelling and uncovered rear deck; and the rear yard depth and
side yard width of 0. 7 metres to an existing shed on a corner lot 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:
11
12
Report PICA 27/13 May 22, 2013
Page 2
1. That these variances apply only to the proposed attached garage and attached side
covered entrance as well as to the existing dwelling and shed, as generally sited and
outlined on the applicant's submitted plans.
2. That the applicant obtains a building permit for the proposed construction by
May 22, 2015, or this decision affecting the proposed detached garage and
proposed covered entrance shall become null and void.
Comment
Official Plan and Zoning By-law
Pickering Official Plan -Urban Residential -Low Density Area within the Rosebank
Neighbourhood
Zoning By-law 2511 -"R4"-Fourth Density Residential Zone
Background
Upon review of the application, the City of Pickering Building Services Section considers
the proposed garage as a contiguous connection to the dwelling by means of a roof
extension between the proposed garage and the existing dwelling. As a result, the
applicant's designer has amended the proposed site plan to illustrate this change.
The City's Planning & Design Section is satisfied that this amendment is in accordance
with the spirit and intent of the applicant's requested variances and has revised the
requested variances pertaining to the proposed garage as follows:
Previous Relief Applied For Revised Requested Relief
Applied For
to permit a 52 square metre detached garage
located in the front yard with a minimum front yard
depth of 9.0 metres, a minimum south side yard to permit a minimum south
width of 0.9 metres; whereas the by-law requires all side yard width of 0.9 metres
accessory structures detached from the dwelling be to a proposed attached
erected in the rear yard garage; whereas the by-law
to permit a maximum height of 3.8 metres for a requires a minimum side yard
proposed 52 square metre detached garage; width of 1 . 5 metres
whereas the by-law permits a maximum height of
3.5 metres for all accessory buildings
Since Staff considers the proposed attached garage as a contiguous connection to the
dwelling, the same zoning requirements (such as building setbacks and height) which
currently apply to the dwelling will also apply to the attached garage.
Report PICA 27113 May 22, 2013
Page 3
On March 24, 1984, the City of Pickering Committee of Adjustment approved a Minor
Variance Application (PICA 01184) to permit a south side yard width of 0.79 metres and
a flankage side yard width of 1.58 metres to the existing dwelling. As part of this
application, the applicant submitted a Surveyor's Certificate which illustrated a slight
reduction to the Committee's approved flankage side yard and south side yard
variances affecting the existing footprint of the dwelling. City records indicate that no
new alterations to the original dwelling have been made since the Committee's decision
in 1984. As a result, the City Development Department has requested that the applicant
recognize the flankage side yard and south side yard setbacks as illustrated on the
applicant's submitted Surveyor's Certificate.
Appropriateness of the Application
Side Yard Width Variance to the Proposed Attached Garage
• the intent of a side yard width is to provide an appropriate separation distance
between structures on abutting properties in order to maintain a pedestrian
access, and to accommodate grading, drainage and residential services such as
air conditioning units and utility metres
• the existing driveway entrance is off of Oakwood Drive
• the proposed facade for the garage addition will feature garage doors and
windows along Oakwood Drive and Staghorn Road providing a visual interest to
the streetscape
• an adequate separation distance between the garage and the property line to
accommodate pedestrian access, grading and drainage will be maintained
• the proposed southern wall on the proposed attached garage will be parallel with
the existing dwelling
• the requested variance is minor in nature and maintains the intent of the zoning
by-law
Flankage Side Yard Width Variance to the Dwelling and Proposed Covered Entrance
• the intent of this provision is to provide an adequate separation distance between
buildings and street activity within the flankage side yard, as well as provide an
adequate landscaped area
• the flankage side yard width of 1.3 metres to the existing building is an existing
condition
• the proposed flankage side yard width of 1.9 metres to a proposed covered
entrance has no adverse impact on the streetscape
• the requested variances are minor in nature and maintains the intent of the
zoning by-law
Side Yard Width Variance to the Dwelling and Uncovered Deck
• the 0. 7 metre south side yard width to the existing dwelling and uncovered deck
are existing conditions
13
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City of Pickering City Development Department
PROPERlY DESCRIPTION 481 Oakwood Drive(Pian 350, Pt. lot 110, 40R-24967, Part 1)
OWNER G. Modica
FILE No. P/CA 27/13
rO!,_O _?~Ur'"CeS: Te,.-onet Enterprises Inc. and its su.pJ:~Iie,.-s. All rights R4!1se~~d. Not a ~~on of survey.
2012 MPAC end its suppliers. All r'ighta Reserved. Not o ~ian of Survey.
DATE Apr. 29, 2013
SCALE 1 :5,000
DRAWN BY JB
CHECKED BY MY
PN-1
Report PICA 27/13 May 22, 2013
Page4
• the dwelling's side yard width updates the side yard width previously approved
through Minor Variance Application PICA 01/84
• the requested side yard width of 0.7 metres to the proposed dwelling and
uncovered deck currently accommodates a pedestrian access, grading, drainage
and residential utility services
• the requested variances are minor in nature and maintain the intent of the zoning
by-law
Flankage Side Yard Width and Rear Yard Depth Variance to Accessory Structures on a
Corner Lot
• the intent of this provision is to provide an adequate separation distance between
accessory buildings and street activity in the flankage side yard, provide an
adequate separation distance between accessory buildings and the adjacent
dwelling on the flanking street, and to regulate the location of accessory
structures to adjacent dwellings on the flanking street
• the owner constructed the shed in 2012
• the shed occupies a floor area of approximately 1 0 square metres
• the existing shed does not appear to significantly obstruct the streetview of
abutting property owners
• the existing shed provides adequate maintenance accesses around the structure
• the existing eaves/overhangs from the existing shed do not encroach onto
adjacent properties or onto the municipal right-of-way
• the City is satisfied that roof drainage will be contained on the subject property
• the applicant intends on erecting a fence to partially screen the shed from
Staghorn Road
• the requested variances are minor in nature and maintains the intent of the
zoning by-law
Date of report: May 16, 2013
Comments prepared by:
, RPP Nilesh Surti, MCIP, RPP
Manager, Development Review & Urban Design
AY:NS:Id
J:\Documents\Development\D-3700\Reports\2013\pca27 -13.doc
Enclosures
"'6 L Information Compiled from Applicant's
Submitted Plan
To recognize a 0.7 metre
flankage side yard width to
an existing shed on a
corner lot ~
To permit a flankage side
yard width of 1.9 metres to
a covered entrance
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PICA 27/13
G. Modica
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To recognize a 0.7 metre
rear yard depth to an
existing shed on a corner
lot
To recognize a 0. 7 metre
south side yard width to an
existing uncovered deck
____. ~0.7m
EXISTING
EXISTING
2 STOREY
DWELLING
DECK
PROPOSED
ROOF
EXTENSION
To recognize a 0. 7 metre
south side yard width to an
existing dwelling
To recognize a 1.3 metre
flankage side yard width t
an existing dwelling r-7.7m
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To permit a south side yard
of 0.9 metres to a proposed
garage
OAKWOOD DRIVE
This map was produced by the City of Pickering City Development Department,
Planning Information Services Mapping and Design, May 3, 2013.
[0
Information Compiled from Applicant's
Submitted Plan
Dl
PICA 27/13
G. Modica
WEST ELEVATION
NORTH ELEVATION
I ' I I
-----------soUTH ELEVATION
17
This map was produced by the City of Pickering City Development Department,
Planning Information Services Mapping and Design, May 3, 2013.
18
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 28/13
Meeting Date: May 22, 2013
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 28/13
H. & Z. Tieze
1877 Pine Grove Avenue
The applicant requests relief from Zoning By-law 3036, as amended to permit an east
side yard width of 1.0 metre to an existing detached dwelling and an east side yard
width of 0.8 metres to an existing deck in the rear yard, whereas the by-law requires a
minimum side yard width of 1.5 metres.
The applicant requests approval of these variances in order to obtain zoning compliance
for a proposed land severance administered by the Region of Durham to create a new
residential lot on the east side of the existing dwelling.
Recommendation
The City Development Department considers the proposed east side yard width of
1.0 metre to an existing detached dwelling and an east side yard width of 0.8 metres to
an existing rear deck 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 existing building and rear deck on the
proposed retained parcel, as generally sited and outlined on the applicant's
submitted plans.
2. That the applicant demonstrates, via calculations, that the location of the proposed
new property/severance line meets the spatial separation requirements of the
Ontario Building Code to the satisfaction of the Chief Building Official prior to
receiving final clearance for a future land severance.
3. That the applicant obtains final clearance for a future land severance by
November 30, 2014, or this decision shall become null and void.
-------------------------------------------
Report PICA 28/13 May 22, 2013
Page 2
Comment
Official Plan and Zoning By-law
Pickering Official Plan -Urban Residential -Low Density Areas within the Highbush
Neighbourhood
Zoning By-law 3036 -"R4" -Fourth Density Residential Zone
Background
The applicant intends on severing the easterly portion of the subject property through a
future land division application with the Region of Durham to create one additional lot.
Approval of this Minor Variance Application will allow the owner to retain the existing
dwelling and deck in its current location and ensure zoning compliance is achieved if a
future land division application is approved by the Region of Durham Land Division
Committee.
Appropriateness of the Application
Side Yard Width Variance
• the intent of a side yard width is to provide an appropriate separation distance
between structures on abutting properties in order to maintain a pedestrian
access, and to accommodate grading, drainage and residential services such as
air conditioning units and utility metres
• the proposed 1.0 metre side yard width to the existing dwelling and a 0.8 metre
side yard width to the uncovered deck will provide an appropriate separation
distance between structures effecting the future lot, maintain a pedestrian access
and accommodate grading, drainage and residential utility services
• the owner will need to confirm that the dwelling and the proposed line of severance
complies with the spatial separation requirements under the Ontario Building Code
• the requested variances are minor in nature and maintains the intent of the
zoning by-law
Date of report: May 16, 2013
Comments prepared by:
A: ~2 /,...~:'";>tilt( Rl...>.'X.\
, Ye rw..oo , CIP, RPP
lanner II
AY:NS:Id
J:\Documents\Development\D-3700\Reports\2013\pca28-13.doc
Enclosures
Nilesh urti, MCIP, RPP
Manager, Development Review & Urban Design
20
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City of Pickering City Development Department
PROPERTY DESCRIPTION 1877 Pine Grove Avenue (Plan 282, Pt Lt. 6)
OWNER H. & Z. Tieze
FILE No. P/CA 28/13
a o ~ources: 10-Teronet Enterprises Inc. and Its suppliers. All rights Reserved. Not a plan of survey. ~ 2012 MPAC and Its suppliers. All ricjhta Reserved. Not a plan of Survey.
DATE Apr. 29, 2013
SCALE 1 :5,000
DRAWN BY JB
CHECKED BY MY
PN-10
Information Compiled from Applicant's
Submitted Plan
PICA 28/13
H. & Z. Tieze
PINE GROVE AVENUE
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18.2m
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33.4m
15.2m
E
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21
To permit a 1.0 metre
east side yard width to
an existing dwelling
To permit a 0.8 metre
east side yard width to
an existing deck
This map was produced by the City of Pickering City Development Department,
Planning Information Services Mapping and Design, May 7, 2013.
From: Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 29113
Meeting Date: May 22, 2013
Manager, Development Review & Urban Design
Subject: . Committee of Adjustment Application PICA 29113
G. & J. Timleck
691 Foxwood Trail
Application
The applicant requests relief from Zoning By-law 3036, as amended by By-law 1543182
to permit a 0.2 metre south side yard width to an existing accessory structure (pergola
attached to a deck) not part of the main building, whereas the by-law requires a
minimum side yard width of 1.0 metre for all accessory structures not part of the main
building.
The applicant requests approval of this variance in order to obtain a building permit for
an existing accessory structure (pergola attached to a deck) associated with an above
ground pool.
Recommendation
The City Development Department considers the 0.2 metre south side yard width to an
existing accessory structure (pergola attached to a deck) not part of the main building is
not considered to be minor in nature; not desirable for the appropriate development of
the land, building or structure; and not in keeping with the general intent and purpose of
the Zoning By-law, and therefore recommends Refusal of the proposed variance.
Comment
Official Plan and Zoning By-law
Pickering Official Plan -Urban Residential Areas -Low Density Areas within the
Amberlea Neighbourhood
Zoning By-law 3036 as amended by By-law 1543182-"S-SD-SA"
Report PICA 29/13
Appropriateness of the Application
Accessory Structure Setback Variance
May 22, 2013 ~~ 3
Page 2
• the intent of the zoning by-law in requiring accessory structures to provide a
minimum 1.0 metre setback from lot lines is to ensure that adequate space is
available for maintenance, to ensure that the eaves/overhangs 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 has installed an above ground pool and constructed a 1.0 metre
high detached deck around the pool. In addition, the applicant has erected a
2.5 metre high pergola on top of the deck and a fence along the south side of the
deck; these works have been constructed without obtaining a building permit
• the existing detached deck has a south side yard setback of 0.2 metres and a
rear yard setback of 1.0 metres
• further reducing the south side yard setback would increase the visual impact on
the adjoining properties and would also result in potential increase in the
activities on the deck thus having greater negative impacts on the privacy of
adjoining properties
• this may also establish an undesirable precedent for property owners to construct
decks beyond the by-law requirements
• staff are of the opinion that the deck, pergola and fence would create an adverse
impact on to the abutting neighbours and therefore staff are of the opinion that the
requested variance is not minor in nature, not desirable and appropriate for the
development of the land and does not meet the general intent of Zoning By-law
• it should be noted that the applicant has submitted letters from 3 property owners
in the neighbourhood indicating that they have no issue or objection to the
proposed variance
Date of report: May 16, 2013
Comments prepared by:
~~ Nile h Surti, MCIP, RPP
Planner II Manager, Development Review & Urban Design
MY:NS:Id
J: \Oocuments\Development\Dw3700\Reports\20 1 3\pca29-13. doc
Enclosures
~
J
AMBERLEA
PARK
City of Pickering City Development Department
PROPERTY DESCRIPTION 691 Foxwood Traii(Pian 40M-1254, Pt. Block 9, 40R-7440, Par116)
OWNER G. & J. Timleck DATE Apr. 29, 2013 DRAWN BY JB
FILE No. P/CA 29/13 SCALE 1 :5,000 CHECKED BY MY
PN-10
....J
~
1-
0
0
0 ~ 0 LL
E '<I" ai
Information Compiled from Applicant's
Submitted Plan
PICA 29/13
G. & J. Timleck
EXISTING DWELLING
. '·
37.8m
EXISTING PERGOLA
To permit a side yard
width of 0.2 metres
':5
This map was produced by the City of Pickering City Development Department,
Planning Information Services Mapping and Design, May 3, 2013.
Information Compiled from Applicant's
Submitted Plan
PICA 29/13
G. & J. Timleck
NORTH ELEVATION
WEST ELEVATION
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/
F=
E
1.0
('I)
~
0
1
This map was produced by the City of Pickering City Development Department,
Planning Information Services Mapping and Design, May 3, 2013.