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Home My WebLink About09 July 24, 2013Committee of Adjustment Agenda Meeting Number: 9 Date: Wednesday, July 24, 2013 (I) Adoption of Agenda (II) Adoption of Minutes from July 3, 2013 (Ill) Reports 1. PICA 39/13 Squires Corp. 11 00 Squires Beach Road (IV) Adjournment Committee of Adjustment Agenda Wednesday, July 24, 2013 7:00pm Main Committee Room Page Number 1-6 7-12 Accessible •--For information related to accessibility requirements please contact: Lesley Dunne PICKE~G T. 905.420.4660, extension 2024 TTY 905.420.1739 Email ldunne@pickering.ca Pending Adoption Present: Tom Copeland David Johnson -Chair Bill Utton Also Present: Committee of Adjustment · Meeting Minutes Wednesday, July 3, 2013 01 7:00pm Main Committee Room Melissa Markham, Principal Planner-Development Review Lesley Dunne, Assistant Secretary-Treasurer Absent: Eric Newton Shirley Van Steen -Vice-Chair (I) Adoption of Agenda Moved by Bill Utton Seconded by Tom Copeland That the agenda for the Wednesday, July 3, 2013 meeting be adopted. (II) Adoption of Minutes Moved by Tom Copeland Seconded by Bill Utton Carried Unanimously That the minutes of the 7th meeting of the Committee of Adjustment held Wednesday, June 12, 2013 be adopted. Carried Unanimously Page 1 of 6 02 (Ill) 1. Reports (Deferred from June 12, 2013) PICA 36/13 Bancan Homes (S. Hossain) 606 Rosebank Road Committee of Adjustment Meeting Minutes Wednesday, July 3, 2013 7:00pm Main Committee Room The application was deferred by the applicant at the June 12, 2013 Committee of Adjustment meeting in order to further discuss their proposal with City Development staff. The applicant has submitted a revised plan to construct a two-storey detached dwelling. To facilitate the proposed development the minor variance application has been revised to delete the required north side yard variance, increase the minimum rear yard depth from 3.0 metres to 4.0 metres and to reduce the maximum lot coverage from 44 percent to 40 percent. The applicant requests relief from Zoning By-law 2511, as amended: • to permit a minimum rear yard depth of 4.0 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a maximum projection of eaves and sills into a required yard of 1.0 metres; whereas the by-law permits a maximum projection of eaves and sills into a required yard of 0.45 metres; and • to permit a maximum lot coverage of 40 percent; whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain a building permit to construct a two-storey detached dwelling. Principal Planner-Development Review outlined comments received from the City of Pickering City Development Department recommending refusal. Paul Weppler & Dana Saccoccio, agents, were present to represent the application. Diana-Lynn Robinson on behalf of Lisa-Lynn Robinson of 476 Toynevale Road, and Marilyn Stitt of 475 Toynevale Road were present in objection to the application. Page 2 of 6 ------------ Committee of Adjustment Meeting Minutes O 3 Wednesday, July 3, 2013 7:00pm Main Committee Room Paul Weppler & Dana Saccoccio explained that the application had been revised to increase the rear yard depth to 4.0 metres, to delete the request for a reduction in the north side yard width and decrease the requested lot coverage from 44 percent to 40 percent. The applicant explained there is a large outdoor amenity space provided at the north side of the subject property. He stated that there is adequate separation from abutting properties, the existing house to the south provides a 6.1 metre separation and the existing house to the west provides a 12.5 metre separation. He addressed the issue of shadowing in the staff report and provided a site plan to the Committee showing the extent of shadowing from the proposed 1.0 metre projection from the eaves and sills. Paul Weppler also stated that the reduced amenity area in the rear yard would not impact the streetscape of the surrounding neighbourhood. The applicant also indicated a 2-storey dwelling, that is 3.5 metres longer along the south property line, is more desirable for the neigbhourhood than designing a dwelling that meets the zoning requirements for lot coverage, size, and is 3-storeys in height. Diana-Lynn Robinson, spoke on behalf of Lisa-Lynn Robinson, expressed concerns with the increase in lot coverage, reduced rear yard depth and the proposed increase in eaves and sill projection. She stated that; if approved, the variances would cause a decrease in her property value, and stated that the variances being applied for are major variances, not minor, and should go through a zoning amendment. Diana-Lynn Robinson indicated if the application was approved it will be appealed to the Ontario Municipal Board. Marilyn Stitt indicated she lives across the street from the subject property and feels the variances being applied for are major, not minor. Moved by Bill Utton Seconded by Tom Copeland That application PICA 36/13 by Bancan Homes (S. Hossain), be Refused on the grounds that the minimum rear yard depth of 4.0 metres; eaves and sills to project a maximum of 1.0 metres into the required yards; and a maximum lot coverage of 40 percent for the proposed detached dwelling are major variances that are not desirable for the appropriate development of the lands, and not in keeping with the general intent and purpose of the Zoning By-law. Carried Unanimously Page 3 of 6 04 2. PICA 37/13 J. & M. Bodrug 758 Hampton Drive Committee of Adjustment Meeting Minutes Wednesday, July 3, 2013 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 2511, as amended by By-law 1199/80: • to permit a minimum rear yard depth of 7.2 metres to a proposed sunroom addition; whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a maximum lot coverage of 43 percent; whereas the by-law requires a maximum lot coverage of 38 percent • to permit a proposed uncovered platform and steps to project a maximum of 1.2 metres into the required rear yard; whereas the by-law does not permit uncovered platforms and/or steps to project in the rear yard The applicant requests approval of these variances in order to obtain a building permit to construct a one storey sunroom addition, and uncovered deck and associated steps in the rear yard. Principal Planner-Development Review outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Pasha Afshar, agent, was present to represent the application. Danny Toughlajian of 763 Hampton Court was present in objection to the application. Pasha Afshar explained the proposed sunroom is replacing the existing deck in the rear yard. Danny Toughlajian expressed concerns with the solid wall on the west side of the proposed sunroom and proposed construction in the surrounding neighbourhood being done without building permits. Page 4 of 6 Moved by Tom Copeland Seconded by Bill Utton Committee of Adjustment Meeting Minutes O 5 Wednesday, July 3, 2013 7:00pm Main Committee Room That application PICA 37113 by J. & M. Bodrug, be Approved on the grounds that the minimum rear yard depth of 7.2 metres; a maximum lot coverage of 43 percent to a proposed sunroom addition and the proposed uncovered platform and steps to project a maximum of 1.2 metres into the rear yard are 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, subject to the following conditions: 1. That these variances apply only to the proposed one storey sunroom addition and proposed uncovered platform and steps, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by July 3, 2015, or this decision shall become null and void. Carried Unanimously 3. PICA 38113 M. & V. Richard 1944 Valley Farm Road The applicant requests relief from Zoning By-law 3036, as amended, to permit a maximum height of 4.8 metres to a proposed accessory building (detached garage) containing a loft space for personal storage, whereas the by-law permits a maximum height of 3.5 metres for all accessory buildings not part of the dwelling. The applicant requests approval of this variance in order to obtain a building permit to construct the detached garage. Principal Planner-Development Review outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Matthew Richard, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Matthew Richard confirmed the proposed detached garage will only be used for personal uses, not commercial. Page 5 of 6 06 Moved by Bill Utton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, July 3, 2013 7:00pm Main Committee Room That application PICA 38/13 by M. & V. Richard, be Approved on the grounds that the maximum building height of 4.8 metres to a proposed accessory building (detached garage) is 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, subject to the following conditions: 1. That this variance apply only to the proposed accessory building (detached garage), as generally sited and outlined on the applicant's submitted plans. 2. As part of the building permit submission, the applicant ensures that no habitable space is proposed within the proposed detached garage. 3. That the applicant obtain a building permit for the proposed construction by July 3, 2015, or this decision shall become null and void. Carried Unanimously (IV) Adjournment Date Chair Moved by Bill Utton Seconded by Tom Copeland That the 8th meeting of the 2013 Committee of Adjustment be adjourned at 7:30pm and the next meeting of the Committee of Adjustment be held on Wednesday, July 24, 2013. · Carried Unanimously Assistant Secretary-Treasurer Page 6 of 6 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 39113 Meeting Date: July 24, 2013 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 39113 Squires Corp. 1100 Squires Beach Road The applicant requests relief from the following provisions of Zoning By-law 2511, as amended by By-law 1247181: • to permit a warehouse industrial building having a maximum gross floor area of 27,530 square metres; whereas the by-law permits a maximum gross floor area of 26,700 square metres; and • to permit a canopy to project a maximum of 2.0 metres into the required front yard; whereas the by-law does not permit any obstructions into the required front yard. The applicant requests approval of these variances in order to obtain Site Plan Approval to permit an internal second level mezzanine, containing accessory office space and a proposed canopy over the main entrance. Recommendation The City Development Department considers the maximum gross floor area of 27,530 square metres and a canopy to project a maximum of 2.0 metres into the required front 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: 1. That these variances apply only to the internal second level mezzanine and proposed canopy, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains Site Plan Approval for the proposed development by June 24, 2015, or this decision shall become null and void. 3. That the applicant obtains a building permit for the proposed construction by June 24, 2015, or this decision shall become null and void. 07 08 Report PICA 39/13 July 24, 2013 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan -Employment Areas -General Employment Zoning By-law 2511-"W-1" (warehouse uses) Appropriateness of the Application Increased Maximum Gross Floor Area • the by-law permits a maximum gross floor area of 26,700 square metres, whereas the applicant is requesting to increase in the maximum gross floor area to 27,530 square metres (an increase of 830 square metres or a 3.1% increase in the total gross floor area) • in 1980 a site specific Zoning By-law Amendment was approved to permit warehouse uses, which included a provision requiring a minimum of 50 parking spaces to be provided on site in order to provide a degree of flexibility should there be a change in the employment status of the warehouse operation • Site Plan Approval was issued in 2005 to permit a warehouse addition, which identified a total of 127 parking spaces on the site • the applicant has advised that there are approximately 57 people contemplated to be employed at this location • the existing number of parking spaces on the site exceeds the minimum number of parking spaces required by the zoning by-law and is adequate to meet their parking demands • the increase in the total gross floor area will not change the character of the property • the requested variance is minor in nature and maintains the intent of the zoning by-law Canopy to Project into the Required Front Yard • the applicant is requesting that a canopy project 2.0 metres into the required front yard; whereas the by-law does not permit canopies to encroach into the required front yard • the intent of this provision is to provide an adequate separation between the building and the street, and to provide an adequate landscaped area in front of the property • given that the front yard depth is 15.0 metres, the canopy projecting 2.0 metres into the required front yard is minor and suitable for the development of the property • the canopy is viewed as a desirable addition to the building which will provide weather protection and articulation to the front of the building Report PICA 39/13 July 24, 2013 Page 3 09 • the requested variance is minor in nature and maintains the intent of the zoning by-law Input From Other Sources Development Control, Engineering & Public Works Date of report: July 17, 2013 Comments prepared by: rn!LflA~~ Melissa Ma~~t:,, MCIP, RPP Principal Planner-Development Review MM:NS:Id J:\Documents\Development\D-3700\2013\PCA 39-13\Report\PCA 39-13.doc Enclosures • no comments or concerns ilesh Surti, MCIP, RPP Manager, Development Review & Urban Design 10 0 w <{ > 0 cr tf cr 0 I SILICONE DF w z 0 f-(!] no: I w o_ u o_ <t: 0 w OJ u CLEMENTS ROAD CLEMENTS ROAD r- I~ """"""""" SUBJECT PROPERTY ~ v .:::) ,C)'i,.R. 7"1 i-ff+- (!] w ,-no: ~'J. :::) 0 (!] F MoKAY ROAD \ McKAY ROAD '" City of Pickering City Development Department PROPERTY DESCRIPTION 1100 S~uires Be~)ch Road (Plan M1 040, Lot 29, Pt. Lt. 27, 28 Pt. Blk D, 40R-84 0 pts 1-3 1' OWNER Squires Corp. DATE July 2, 2013 DRAWN BY JB FILENo. P/CA 39/13 SCALE 1:5,000 CHECKED BY AY Teronet Enterprises Inc. and its suppliers. All rio;hts Reserved. Not o plan of survey. ~o~o _:S~urces: 2012 MPAC and its suppliers. All ri9hts Reserved. Not o plan of Survey. PN-4 11 SQUIRES BEACH ROAD 157.6m PROPOSED CANOPY OVER MAIN ENTRANCE ' , __,-l7 ' ~ ~ • ! · To permit a canopy to I , .n ( · _ _J_ __ _,_--'------:-:--+--r. p· roiect 2.0 metres into the ,. · · .. ·~ ~--+/:.~ ~~l·t '¥'\:. J· ····'reqJuiredfrontyard .~ 4[ J ~ ··; ! . ~ ····~fl~ ~ .----;::;-;:===-----, [. . ~ • 40 1 2m • PROPOSED y . SECOND LEVEL MEZZANINE ew,,~ E li) ..,; <0 N I I ' I ' ;, I ' ' ! ' ' 'I I I : ' I ' ' ' I ' ' r I ' f ' I<; ~ ' i ., !.t ' l 42.3m <1.-· EXISTING ONE STOREY 1 WAREHOUSE BUILDING -·- To permit a maximum gross floor area of 27,530 square metres 110.6m 157.5m FILE No: P/CA 39/13 APPLICANT: Squires Corporation E ll'! ~ "3' N , i i I ' ~ I I ' : I ' I I I PROPERTY DESCRIPTION: 1100 Squires Beach Road ~ Plan M1040, Lot 29, Pt. Lt. 27, 28 Pt. Blk D, 40R-8410, Pts. 1-3 City Development Department I DATE: July 8, 2013 --------------- 12 LEVEL 1 FLOOR PLAN 40.2m PROPOSED SECOND LEVEL MEZZANINE FLOOR PLAN t:__$----·-· """'-~ CV.oo'"'= 4 '''""""-'£ I -\...1~'-'J OJ~"-'' '-C>.ll_. W!Tli-VlSlot-..'sJ. . "'"'"" 'q~ ... o~~ ~~ PARTIAL EAST ELEVATION (NORTH CORNER) FILE No:P/CA 39/13 APPLICANT: Squires Corporation ,_ r -it ·"~ PROPERTY DESCRIPTION: 1100 Squires Beach Road PROPOSED CANOPY OVER MAIN ENTRANCE PROPOSED CANOPY OVER MAIN ENTRANCE PROPOSED CANOPY OVER MAIN ENTRANCE Plan M1040, Lot 29, Pt. Lt. 27, 28 Pt. Blk D, 40R-8410, Pts. 1-3 City Development Department DATE: July 8, 2013