HomeMy WebLinkAboutNovember 27, 2013 1
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Committee of Adjustment
Agenda
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Meeting Number: 15
Date: Wednesday, November 27, 2013
City °0 Committee of Adjustment
Agenda
PI KE � Wednesday, November 27, 2013
7:00 pm
Main Committee Room
Page Number
(I) Adoption of Agenda
(II) Adoption of Minutes from November 6, 2013 1-6
(III) Reports
1. P/CA 54/13 to P/CA 56/13
2307038 Ontario Inc. 7-16
1817 Fairport Road
(IV) Adjournment
Accessible • For information related to accessibility requirements please contact:
PICKET NG Lesley Dunne
T. 905.420.4660, extension 2024
TTY 905.420.1739
Email Idunne @pickering.ca
c1tcf 00 Committee of Adjustment
Meeting Minutes
IESiiINIit Wednesday, November 6, 2013 7:00 pm
Main Committee Room
Pending Adoption
Present:
Tom Copeland
David Johnson —Chair
Eric Newton
Bill Utton
Shirley Van Steen —Vice-Chair
Also Present:
Melissa Markham, Principal Planner— Development Review
Lesley Dunne, Assistant Secretary-Treasurer
(I) Adoption of Agenda
Moved by Bill Utton
Seconded by Eric Newton
That the agenda for the Wednesday, November 6, 2013 meeting be adopted.
Carried Unanimously
(II) Adoption of Minutes
Moved by Shirley Van Steen
Seconded by Bill Utton
That the minutes of the 13th meeting of the Committee of Adjustment held
Wednesday, October 16, 2013 be adopted.
Carried Unanimously
Page 1 of 6
�Zty o = Committee of Adjustment
e(�� ,� Meeting Minutes
A '=` s po Wednesday, November 6, 2013
7:00 pm
Main Committee Room
(Ill) Reports
1. P/CA 51/13
A. & P. Jevnisek
1034 Mountcastle Crescent
The applicant requests relief from the following provisions of Zoning By-law 3036,
as amended:
• to permit an uncovered platform (deck) with a maximum height of 0.4 of a
metre above grade to project a maximum of 5.0 metres into the required rear '
yard; whereas the by-law permits uncovered platforms not exceeding 1.0 metre
in height above grade to project a maximum of 1.5 metres into any required
rear yard; and
• to permit an uncovered platform (deck) to project a maximum of 0.9 of a
metre into the required flankage yard setback; whereas the by-law permits
uncovered platforms not exceeding 1.0 metre in height above grade to project
a maximum of 0.5 metres into any required side yard
The applicant requests approval of this minor variance application in order to
obtain a building permit to construct an uncovered platform (deck) in the rear
yard.
Principal Planner— Development Review outlined staff recommendation from the
City Development Department recommending approval subject to conditions.
Written comments were also received from the City's Development Control
Section and the Chief Building Official both expressing no concerns.
Peter Jevnisek, owner, was 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 Eric Newton
That application P/CA 51/13 by A. & P. Jevnisek, be Approved on the grounds
that the projection of an uncovered platform (deck) to a maximum of 5.0 metres
into the required rear yard and to a maximum of 0.9 of a metre into the required
flankage yard are minor in nature, 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:
Page 2 of 6
City o4 Committee of Adjustment
Meeting Minutes
Wednesday, November 6, 2013
7:00 pm 03
Main Committee Room
1. That these variances apply only to the proposed uncovered platform (deck)
attached to the main building, as generally sited and outlined on the
applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
November 6, 2015,. or this decision shall become null and void.
Carried Unanimously
2. P/CA 52/13
P. Rose
1973 Woodview Avenue
The applicant requests relief from Zoning By-law 3036, as amended by By-laws
6537/05 and 7060/10 to permit an uncovered deck with a maximum height of
1.2 metres above grade to project a maximum of 3.5 metres into the required
rear yard, whereas the by-law allows uncovered steps or platforms not exceeding
1.0 metre in height above grade to project a maximum of 1.5 metres into any
required rear yard.
The applicant requests approval of this variance in order to obtain a building
permit to construct an uncovered deck in the rear yard.
Principal Planner— Development Review outlined staff recommendation from the
City Development Department recommending approval subject to conditions.
Written comments were received from the City's Chief Building Official
expressing no concerns. Written comments were also received by the Toronto
and Region Conservation Authority expressing no objections to the application.
Peter Rose, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Shirley Van Steen
Seconded by Eric Newton
That application P/CA 52/13 by P. Rose, be Approved on the grounds that the
proposed uncovered deck with a maximum height of 1.2 metres above grade to
project a maximum of 3.5 metres into the required rear yard 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:
Page 3 of 6
City o0 Committee of Adjustment
Meeting Minutes
— a '•' _`"" • Wednesday, November 6, 2013
04 I��IO��I0L 7:00 pm
Main Committee Room
1. That this variance apply only to the proposed uncovered deck, as generally
sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
November 6, 2015, or this decision shall become null and void.
Carried Unanimously
3. P/CA 53/13
J. Judefredrick & K. Mahendran
750 Sunbird Trail
The applicant requests relief from the following provisions of Zoning By-law 3036,
as amended:
• to permit an unenclosed covered platform (deck)with a maximum height of
0.6 of a metre above grade to project a maximum of 3.0 metres into the
required rear yard; whereas the by-law permits uncovered platforms not
exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres
into any required front or rear yard; and
• to permit a maximum lot coverage of 55 percent; whereas the by-law permits
a maximum lot coverage of 50 percent
The applicant requests approval of this minor variance application in order to
recognize an existing unenclosed covered platform (deck) in the rear yard.
Principal Planner— Development Review outlined staff recommendation from the
City Development Department recommending approval subject to conditions.
Written comments were also received from the City's Development Control
expressing no concerns.
J. Judefredrick, owner, was present to represent the application. Vamsi Kosaraju
of 657 Sunbird Trail was present in favour of the application. Alfredo Castro of
652 Sunbird Trail was present in objection to the application.
Alfredo Castro expressed concerns with the height, size and location of the
existing deck. Alfredo Castro also indicated the existing deck may affect a
decrease in property value. He stated that he would like the deck built to
conform to the City's zoning requirements.
Page 4 of 6
C1tq 00 g Committee of Adjustment
- � �,� =- Meeting Minutes
's — '� '- Wednesday, November 6, 2013
I I 7:00 pm
Main Committee Room
Moved by Eric Newton
Seconded by Bill Utton
That application P/CA 53/13 by J. Judefredrick & K. Mahendran, be Approved
on the grounds that the projection of an unenclosed covered platform (deck) to a
maximum of 3.0 metres into the required rear yard and a maximum lot coverage
of 55 percent are minor in nature, 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 existing unenclosed covered platform
(deck) attached to the main building, as generally sited and outlined on the
applicant's submitted plans.
2. That the applicant obtain a building permit for the existing platform (deck) by
November 6, 2015, or this decision shall become null and void.
Carried
Vote
Tom Copeland opposed
David Johnson in favour
Eric Newton in favour
Bill Utton in favour
Shirley Van Steen in favour
(IV) Other Business
1. Adoption of 2014 Meeting Schedule
Moved by Bill Utton
Seconded by Tom Copeland
That the Committee of Adjustment Meeting Schedule for 2014 be adopted.
Carried Unanimously
Page 5 of 6
Citq o¢1 Committee of Adjustment
-- Meeting Minutes
Q6 �i_ :
— "a '' '= � '- Wednesday, November 6, 2013
7:00 pm
Main Committee Room
(V) Adiournment
Moved by Bill Utton
Seconded by Eric Newton
That the 14th meeting of the 2013 Committee of Adjustment be adjourned at
7:17 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, November 27, 2013.
Carried Unanimously
Date
Chair
Assistant Secretary-Treasurer
Page 6 of 6
•
ciu,o�
Report to
Fll Committee of Adjustment
Application Numbers: P/CA 54/13 to P/CA 56/13 �?
Meeting Date: November 21, 2013
From: Nilesh Surti, MCIP, RPP
Manager, Development Review & Urban Design
Subject: Committee of Adjustment Applications-P/CA 54/13 to P/CA 56/13
2307038 Ontario Inc.
1817 Fairport Road
Applications
P/CA 54/13 (Lot 24)
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7284/13
to permit a minimum front yard depth of 3.0 metres to the main wall of the dwelling;
whereas the by-law requires a minimum front yard depth of 4:5 metres.
P/CA 55/13 (Lot 4)
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7284/13
to permit a maximum garage projection of 2.0 metres beyond the wall containing the
main entrance to the dwelling unit, except where a covered and unenclosed porch
extends a minimum of 1.8 metres from the wall containing the main entrance to the
dwelling unit, in which case no part of any attached private garage shall extend more
than 4.5 metres beyond the wall containing the main entrance to the dwelling unit;
whereas the by-law requires a maximum garage projection of 2.0 metres beyond the
wall containing the main entrance to the dwelling unit, except where a covered and
unenclosed porch extends a minimum of 1.8 metres from the wall containing the main
entrance to the dwelling unit, in which case no part of any attached private garage shall
extend more than 3.0 metres beyond the wall containing the main entrance to the
dwelling unit.
P/CA 56/13 (Lots 1 to 31)
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7284/13
to exempt the development of a common element condominium development
comprised of 31 lots from the maximum lot coverage provision; whereas the by-law
requires a maximum lot coverage of 38 percent.
The applicant requests approval of these variances in order to obtain building permits
for lots within a common element condominium.
•
Report P/CA 54/13 to P/CA 56/13 November 27, 2013
08 Page 2
Recommendation P/CA 54/13
The City Development Department considers the minimum front yard depth of 3.0 metres
to the main wall of the dwelling to be minor in nature, 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 following conditions:
1. That these variances apply only to the proposed 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
November 27, 2015, or this decision shall become null and void.
Recommendation P/CA 55/13
The City Development Department considers the maximum garage projection of
2.0 metres beyond the wall containing the main entrance to the dwelling unit, except
where a covered and unenclosed porch extends a minimum of 1.8 metres from the wall
containing the main entrance to the dwelling unit, in which case no part of any attached
private garage shall extend more than 4.5 metres beyond the wall containing the main
entrance to the dwelling unit 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 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
November 27, 2015, or this decision shall become null and void.
Recommendation P/CA 56/13
The City Development Department considers the exemption of the development of a
common element condominium comprised of 31 lots from the maximum lot coverage
provision 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 to the development, as generally sited and outlined on
the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
November 27, 2015, or this decision shall become null and void.
Report P/CA 54/13 to P/CA 56/13 November 27, 2013
Page 3 09
Comments
Official Plan and Zoning By-law
Pickering Official Plan—"Urban Residential Areas—Low Density Areas"within the
Dunbarton Neighbourhood
Zoning By-law 3036 as amended by By-law 7284/13—"S3-13"
Background
• applications for Draft Plan of Subdivision, Draft Plan of Condominium and Zoning
By-law Amendment were submitted for the subject lands to facilitate a common
element condominium development consisting of 31 freehold lots for detached
dwellings fronting onto a private road
• on May 21, 2013 Council endorsed the Draft Plan of Subdivision and the associated
Zoning By-law, 7284/13, was enacted by Council on June 17, 2013
• a Site Plan application was submitted to the City on June 28, 2013, which is
currently under review
Appropriateness of the Application
Front Yard Depth—Lot 24
• through the review of the site plan application it was determined that an accessible
parking space is required within the common element condominium
• an accessible parking space has a width of 4.0 metres and a length of 6.5 metres,
whereas a parking space has a width of 2.6 metres and a length of 6.5 metres
• an accessible parking space has been provided, however in order to maintain a
proper roadway width the accessible parking space reduced the minimum front yard
depth for Lot 24 (P/CA 54/13) to 3.0 metres
• the intent of this provision is to provide an adequate separation distance between
the building and the street activity in the front yard, and to provide an adequate
landscaped area and parking space in front of the property
• the front property line for this lot is irregular and therefore adequate landscaped
area and parking will continue to be provided in the front yard
• the requested variance is 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
Garage Projection beyond the Wall containing the Main Entrance to the Dwelling
Unit— Lot 4
• the intent of this provision is to ensure that the garage does not visually impact the
street by significantly projecting beyond the front wall of the dwelling
• the variance being sought will allow the garage to project further than the zoning
by-law currently permits, however it will not project beyond the front wall of the
• dwelling'
Report P/CA 54/13 to P/CA 56/13 November 27, 2013
10 Page 4
• the by-law is specific that the garage cannot project beyond 3.0 metres of the wall
containing the main entrance to the dwelling unit; the model being proposed has a
. wall beyond the garage, however that wall does not contain the main entrance to
the dwelling unit
• the model proposed is acceptable as it maintains an appropriate streetscape for the
development
• the requested variance is 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
Exemption from Lot Coverage— Lots 1 to 31
• a lot coverage provision was inadvertently included in the final zoning by-law
• when Zoning By-law 7284/13 was passed it contained a standard provision to
restrict lot coverage to a maximum of 38 percent
• it has been determined that the built form for each of the dwellings will be restricted
through building setbacks and building height, and therefore the exemption from lot
coverage is acceptable for this development
• the intent of the maximum lot coverage provision is to maintain an appropriate
amount of outdoor amenity area uncovered by buildings on a lot, and to regulate the
scale and size of the buildings
• the proposed development currently restricts the amount of outdoor amenity area
uncovered by buildings through building setbacks
• the requested variances are minor in nature, desirable for the appropriate development
of the lands and maintains the intent of the Official Plan and Zoning By-law
Input From Other Sources
Engineering & Public Works • no comments
Building Services • no comments
Date of report: November 21, 2013
(
Comments prepared by:
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Melissa Markham, MCIP, RPP Nilesh Surti, MCIP, RPP
Principal Planner— Development Review Manager, Development Review
& Urban Design
•
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C`4f°0 FILE No:P/CA 54/13 to P/CA 56/13
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APPLICANT: 2307038 Ontario Inc.
VIII 4- - %L. PROPERTY DESCRIPTION: 1803, 1805, 1811 & 1817 Fairport Road
City Development (Pt. Lot 105, 109&Lots 106, 107& 108 Plan 1051) DATE: Nov.4,2013
Department
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City Development (Pt. Lot 105, 109 & Lots 106, 107 & 108 Plan 1051)
Department % FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING .
CITY DEVELOPMENT DEPARTMENT. DATE:NOV. 12,20131
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Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
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City Development (Pt. Lot 105, 109 & Lots 106, 107 & 108 Plan 1051)
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING 1
CITY DEVELOPMENT DEPARTMENT
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1-"1 •�l,L PROPERTY DESCRIPTION: 1803, 1805, 1811 & 1817 Fairport Road
City Development (Pt. Lot 105, 109 & Lots 106, 107& 108 Plan 1051)
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE:NOV. 12,2013