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HomeMy WebLinkAboutApril 9, 2014 - -- • • Committee of Adjustment Agenda t .. klre, L 1J E u :i: PICKE'RINTG • • Meeting Number: 5 Date: Wednesday, April 9, 2014 Committee of Adjustment _-_1 �_�=- Agenda Wednesday, April 9, 2014 7:00 pm Main Committee Room Page Number (I) Adoption of Agenda (II) Adoption of Minutes from March 19, 2014 1-6 (Ill) Reports 1. P/CA 21/14 & P/CA 22/14 B. & L. Woodbine 7-10 305 Toynevale Road 2. P/CA 23/14 First Simcha Shopping Centres 11-14 1899 Brock Road 3. P/CA 24/14 I. Lazaridis 15-20 1823 Fairport Road (IV) Adjournment • Accessible For information related to accessibility requirements please contact: Lesley P I C K EN G T, Dunne 905.420.4660, extension 2024 TTY 905.420.1739 Email Idunne @pickering.ca qty ot, Committee of Adjustment Meeting Minutes "=— s .�' gY Wednesday, March 19, 2014 01 - ��/ ����. 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, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, March 19, 2014 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton That the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday, February 26, 2014 be adopted. Carried Unanimously Page 1 of 6 • Cliq o� Committee of Adjustment Meeting Minutes Wednesday, March 19, 2014 02 ��/ ����� 7:00 pm Main Committee Room (Ill) Reports 1. P/CA 09/14 • K. Belfon & N. Jones-Belfon 1984 Fairport Road The applicant requests relief from the following provisions of Zoning By-law 3036, 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 lot coverage of 35 percent, whereas the by-law requires a maximum lot coverage of 33 percent • to recognize an existing accessory structure (pergola)to be setback a minimum of 0.3 of a metre from the north rear lot line, whereas the by-law requires all accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines The applicant requests approval of these variances in order to obtain a building permit to construct a one and a half storey addition with an attached garage and to recognize an existing pergola located in the rear yard on the north side of the building. Secretary-Treasurer outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Development Services expressing no concerns; however a grading plan will be required with the building permit application. Written comments were also received from the Durham Regional Health Department indicating they were unable to comment until a site plan showing the location and design of the current private sewage system, all structures (including proposed), property lines, etc., current and proposed total daily design sanitary sewage flow and any future plans of connecting to municipal sanitary sewers is provided. Nicole Jones-Belfon, owner, was present to represent the application. Michael Madden of 1986 Fairport Road was present in objection to the application. Nicole Jones-Belfon agreed with staffs report and recommendations, she also indicated the proposed addition will blend in with the surrounding area. Page 2 of 6 • • City ci Committee of Adjustment ,,. Meeting Minutes Wednesday, March 19, 2014 03 ���� 41101 7:00 pm Main Committee Room Michael Madden expressed a concern that the rear yard is already small. He was uncertain of the size of the proposed addition and potential impact on his property. In response to a question from a Committee member, Michael Madden indicated his driveway, front steps and cedar trees will be along side the proposed addition. Moved by Bill Utton Seconded by Shirley Van Steen That application P/CA 09/14 by K. Belfon.& N. Jones-Belfon, be Approved on the grounds that the minimum rear yard depth of 4.0 metres, the maximum lot coverage of 33 percent and a north rear yard setback of 0.3 of a metre to an existing accessory structure 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 proposed one and a half storey addition with an attached garage and to the existing pergola, 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 18, 2016, or the decision affecting the proposed one and a half storey addition with an attached garage shall become null and void. Carried Unanimously 2. P/CA 19/14 Maddy Developments Inc. 433 & 437 Toynevale Road • The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: • to permit a minimum south side yard width of 1.2 metres, whereas the by-law requires a minimum side yard width of 1.5 metres • to permit a minimum flankage side yard width of 4.4 metres, whereas the by-law requires a minimum flankage side yard width of 7.5 metres Page3of6 C_ity o� Committee of Adjustment � �_ Meeting Minutes 04 "� -� s —=�"� '- Wednesday, March 19, 2014 �/4t41 1�I 7:00 pm Main Committee Room • to permit a covered, unenclosed porch to project a maximum of 0.8 metres into the required flankage side yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade may project 1.0 metre into any required flankage side yard The applicant requests approval of these variances in order to obtain a building permit for the construction of a two-storey detached dwelling with a covered porch on a proposed corner lot. Secretary-Treasurer outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Services expressing no concerns. Kevin Tunney, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Bill Utton That application P/CA 19/14 by Maddy Developments Inc., be Approved on the grounds that the minimum south side yard width of 1.2 metres, a minimum flankage side yard width of 4.4 metres, and allow a covered platform to project a maximum of 0.8 of a metre into the required flankage side 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: 1. That the variances apply only to the proposed lot that is conditionally approved by the Region of Durham Land Division Committee through Land Division Application file numbers LD 131/13 and LD 132/13 as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed dwelling by March 18, 2016 or this decision shall become null and void. Carried Unanimously Page 4 of 6 City o ! _ Committee of Adjustment up Minutes Wednesday, March 19, 2014 05 �MI t411-01 7:00 pm Main Committee Room 3. P/CA 20/14 A. & C. Daniels 848 Miriam Road The applicant requests relief from Zoning By-law 2520, as amended, to permit a minimum front yard depth of 6.0 metres and a minimum south side yard width of 0.9 of a metre, whereas the by-law requires a minimum front yard depth of 7.5 metres and a minimum side yard width of 1.5 metres. The applicant requests approval of these variances in order to obtain a building permit to construct an enclosed covered entryway and an attached garage. Secretary-Treasurer outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Development Services expressing no concerns; however a grading plan will be required with the building permit application. Charles Daniels, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Tom Copeland Seconded by Shirley Van Steen That application P/CA 20/14 by A. & C. Daniels, be Approved on the grounds that the minimum front yard depth of 6.0 metres and the minimum south side yard width of 0.9 of a metre 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 enclosed covered entryway and attached garage, 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 18, 2016, or this decision shall become null and void. Carried Unanimously Page 5 of 6 City 00 Committee of Adjustment Meeting Minutes _ a • , ; Wednesday, March 19, 2014 7:00 pm Main Committee Room (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 4th meeting of the 2014 Committee of Adjustment be adjourned at 7:20 pm and the next meeting of the Committee of Adjustment be held on Wednesday, April 9, 2014. Carried Unanimously Date • Chair Assistant Secretary-Treasurer • Page 6 of 6 Citq 4 Report to Committee of Adjustment I 02=W Application Numbers: P/CA 21/14 and P/CA 22/14 Meeting Date: April 9, 2014 From: Nilesh Surti, MCIP, RPP Manager, Development Review& Urban Design Subject: Committee of Adjustment Applications P/CA 21/14 and P/CA 22/14 B. & L. Woodbine 305 Toynevale Road • Applications P/CA 21/14(Proposed Retained Parcel) The applicant requests relief from Zoning By-law 2511, as amended, to permit a minimum front yard depth of 4.5 metres to an existing detached dwelling; whereas the by-law requires a minimum front yard depth of 7.5 metres. P/CA 22/14(Proposed Severed Parcel) The applicant requests relief from Zoning By-law 2511, as amended, to permit a minimum lot frontage of 15.2 metres and a minimum lot area of 460 square metres; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum lot area of 550 square metres. The applicant requests approval of these two minor variance applications to facilitate the creation of one additional lot through the Region of Durham Land Division Committee in order to permit the construction of a new detached dwelling on the proposed severed parcel and obtain zoning compliance for an existing detached dwelling located on the proposed retained parcel. Recommendation The City Development Department recommends that the applications be Deferred to the next Committee of Adjustment meeting date on April 30, 2014 to allow a revised notice to be circulated to include an additional variance. Background Official Plan and Zoning By-law Pickering Official Plan—"Urban Residential —Low Density Areas" within the Rosebank Neighbourhood Zoning By-law 2511 —"R3"—Third Density Residential Zone Report P/CA 21/14 and P/CA 22/14 April 9, 2014 08 Page 2 Comment The minor variances requested by the applicant are to facilitate the creation of an additional residential lot for a detached dwelling (see attached Submitted Plan). The applicant's Submitted Plan illustrates reduced side yard widths of 1.5 metres; whereas the zoning by-law requires a minimum side yard width of 1.8 metres (when a garage is attached to the dwelling). The a pp licant's request to reduce the minimum side yard widths, affecting the proposed severed parcel, was not included in the Public Notice circulated to surrounding landowners. The applicant has requested City Staff to defer applications P/CA 21/14 and P/CA 22/14 in order to update the Public Notice and recirculate the application. Date of report: April 3, 2014 Comments prepared by: 1 ‘_e"t • r' Ashley Yearwood, MCIP, RPP Ni esh _ urti, MCIP, RPP Planner II Manager, Development Review & Urban Design AY:NS:Id J?DouanentsEtevelognent1 137 0 012 01 4WCA 21-14&PCA 22-14'ReponWCA 21-14&PCA 22-14.doc Enclosures • 09 r, ,,,,, ,, \ I FRONTIER -J 401 ��� ■ J I/fr,#t a v• N NR TOYNEVALE ROAD T �\G ::•: I „ > I o-i----„s-m_o ,-----” 1L,_,j O m_ �i :7�1»afiNE m� m Aim mom D i _z__ _ ,„ v I' �.z COURT w Allellmill.J5) ' 1 11 �o ROUGE �■_ 1 DRIVE �� N IMMIE MOM Z_ O O M CD A N'”`....,,......................4 IIPPPI I I I All I 11 01 40.i 0 0• S �o i O� ��o \ o CD O ' o o Y O 1 ■ Mr I I `1` DRIVE C4S- . 11* / Curl off Location Map ,Q ir_t _ FILE No:P/CA 21/14 to P/CA 22/14 ` '` -9--'- APPLICANT: B. &L. Woodbine u cM�/a t,�� PROPERTY DESCRIPTION: 305 Toynevale Road(Part Lot 28, Plan 350) City Development Department DATE: Mar. 17,2014 oetd B0r PEAa h e n. p pand.I t.A ll e urp .aR.M rveh..N oRe.e rvdn. a rvpy o „ny. SCALE 1:5,000 PN-1 P/CA 22/14 To permit a minimum lot frontage of 15.2 PICA 21/14 metres To permit a minimum front yard depth of 4.5 metres to an existing detached dwelling TOYNEVALE ROAD 24.3m '4' 'v 15.2m 15.2m 15.2m 1 I 9.4m — EXISTING oa DWELLING PROPOSED " T o IN DWELLING EXISTING EXISTING _ DWELLING I DWELLING CI B I Q 3 2m' -∎ ♦1.5m 0 PROPOSED 4-1.5m - RETAINED PARCEL o ' PROPOSE SEVERED W ' PARCEL r ...,\ . _ 1 W I P/CA 22/14 Z_ To permit a minimum PROPOSED LOT LINE lot area of 460 square metres . IB 1 1 • l _ 1 41°7\ N Submitted Plan Carl 4 FILE No: P/CA 21/14 to P/CA 22/14 • --, . --1'• ' '— APPLICANT: B. & L. Woodbine t ai ti t t,i0 t PROPERTY DESCRIPTION:305 Toynevale Road(Part Lot 28, Plan 350) City Development Department DATE:Mar.25,2014 City „, Report to Committee of Adjustment 11 Application Number: P/CA 23/14 Meeting Date: April 9, 2014 From: Nilesh Surti, MCIP, RPP Manager, Development Review& Urban Design Subject: Committee of Adjustment Application P/CA 23/14 First Simcha Shopping Centers Inc. (Calloway REIT Inc.) 1899 Brock Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 5511/99, to permit the creation of one unit for a retail store with a minimum floor area of 230 square metres within Building D, whereas the by-law requires a minimum unit size for a retail store to be larger than or equal to 300 square metres. The applicant requests approval of this variance in order to obtain a building permit for interior alterations to create a unit for a retail store within Building D. Recommendation The City Development Department considers the creation of one unit for a retail store with a minimum floor area of 230 square metres within Building D 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 the variance apply only to one unit within Building D, as generally sited and outlined on the applicant's submitted plans: 2. That the applicant obtain a building permit for the proposed construction by April 8, 2016 or this decision shall become null and void. Background On May 22, 2002, the Committee of Adjustment approved a minor variance application (P/CA 19/02)to permit the establishment of one retail store having a minimum floor area of 232 square metres within Building M, whereas the by-law requires a minimum floor area for each retail store of 300 square metres. The variance was required to obtain a building permit for proposed buildings on the subject property. • Report P/CA 23/14 April 9, 2014 12 Page 2 Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Mixed Use Areas"within the Village East Neighbourhood. The property is also subject to the Specialty Retailing Node Development Guidelines. The Development Guidelines provide general direction to establish a minimum floor area per unit, which may include a maximum aggregate floor area. The subject property is presently zoned "MU-SRN", Zoning By-law 3036 as amended by By-law 5511/99, which permits a retail store. Appropriateness of the Application Variance to permit the creation of one unit for a retail store with a minimum floor area of 230 square metres within Building D • the intent of the zoning by-law limiting the floor area for certain uses is to ensure the Specialty Retailing Node remains an area for large format specialty retailing serving a broad regional market in a manner that is complementary to the Downtown Core • the zoning by-law restricts the maximum aggregate floor area to 9,300 square metres for retail stores less than 1,400 square metres, but larger than or equal to 300 square metres • the maximum aggregate floor area for retail stores less than 1,400 square metres but larger than or equal to 300 square metres is currently 9,047 square metres • the proposal to permit one unit for a retail store with a minimum floor area of 230 square metres will have no impact on the exterior of the building • the height, form and massing of the building is not impacted by this variance • the requested variance to permit a retail store of 230 square metres within Building D is minor in nature, desirable for the appropriate development of the lands, and maintains the general intent and purpose of the Official Plan and the Zoning By-law Date of report: April 3, 2014 Comments prepared by: / 1 Deepak Bhatt, MCIP, RPP N - h .urti, MCIP, RPP Planner II Manage , Development Review & Urban Design DB:NS:Id J1 Documents.Development0-3 7 0 012 01 4'PCA 23.14'ReponWCA 23-14.doc Enclosures i 13 v POLIO= N. r 25th DIVISIO . ,g w E_, > I O > � 0 oO....... 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Milliill■iliiiiiiillili.11 ' 1 WALMART 1 i• — \ M ''', CItt. -7: 0111111111111111H111110111-' 1 - k ,rief r 1 i 6 E__- ' dk420 '-. 1 i .• t il '''.:., : ..‘ , V \„ .., ,IJ _ /\ "-IiiiiI) . - N Submitted Plan City 4 FILE No: P/CA 23/14 -1-1.1;3--;-_ ---1----- l' -1-1.4:-.-72*- ,-•- APPLICANT: First Simcha Shopping Centre & Calloway REIT(Pickering) Inc tiONSOINIO[ PROPERTY DESCRIPTION:1899 Brock Road(Part Lot 18, Concession 1, City Development Department Part 1, 40R-1921 and Part 3-8, & 10, 40R-19801) DATE:Mar.24,2014 City o0 Report to Committee of Adjustment 15 I Application Number: P/CA 24/14 Meeting Date: April 9,2014 From: Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Subject: Committee of Adjustment Application P/CA 24/14 I. Lazaridis 1823 Fairport Road Application The applicant requests relief from Zoning By-law 3036, as amended: • to recognize an existing lot frontage of 15.2 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum side yard width of 1.5 metres, whereas the by-law requires a minimum side yard width of 1.8 metres • to permit a maximum lot coverage of 38 percent, whereas the by-law requires a maximum lot coverage of 33 percent The applicant requests approval of this variance application in order to obtain a building permit for the construction of a detached dwelling. Recommendation The City Development Department considers the existing lot frontage of 15.2 metres, minimum side yard width of 1.5 metres, and maximum lot coverage to 38 percent 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 variances, subject to the following conditions: 1. That the variances apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains a building permit for the proposed construction by April 8, 2016, or this decision shall become null and void. Background On June 17, 2013 the Region of Durham Land Division Committee approved Land Division Application LD 032/13, subject to conditions, to sever and convey the easterly portion of the subject property to the adjoining lands to the south in order to facilitate the development of a common element condominium development consisting of 31 lots for detached dwellings. Report P/CA 24/14 April 9, 2014 16 Page 2 Comment Official Plan and Zoning By-law • The Pickering Official Plan designates the subject property as "Urban Residential Areas — Low Density Areas"within the Dunbarton Neighbourhood. The property is also subject to the Dunbarton Neighbourhood Development and Design Guidelines. The subject property is presently zoned "R3"—Third Density Residential within Zoning By-law 303.6, as amended. Appropriateness of the Application Reduced Lot Frontage Variance • the intent of the minimum lot frontage requirement is to ensure a lot size that is compatible with the surrounding neighbourhood • the Dunbarton Neighbourhood Development and Design Guidelines requires a minimum lot frontages of 15.0 metres, except on Dunbarton Road where the minimum frontages may be 12.0 metres and on Fairport Road, north of the creek, where minimum frontages may be 13.5 metres (with larger lot frontages north in the vicinity of Bonita Road) • the existing lot frontage maintains the intent of the neighbourhood design guidelines and is consist with the established lot frontages within the immediate vicinity along Fairport Road Reduce Minimum Side Yard Setback • the intent of a minimum side yard width is to provide an appropriate separation 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 meters • on existing roads, the Dunbarton Neighbourhood Development and Design Guidelines requires a minimum side yards setbacks of 1.5 metres on Fairport Road south of the creek • the proposed variance to reduce the side yard width from 1.8 metres to 1.5 metres will provide an adequate separation between the dwelling and the property line to accommodate pedestrian access, grading, drainage and residential utility services, and maintains the intent of the neighbourhood design guidelines Increase Maximum Lot Coverage • the intent of the maximum lot coverage provision is to ensure that the size, scale and massing of a dwelling, and other accessory buildings are appropriate for the lot size and to ensure an adequate amount of outdoor amenity area remains uncovered by buildings on a lot Report P/CA 24/14 April 9, 2014 17 Page 3 • the applicant has request a variance to increase the maximum lot coverage by 5 percent as a result of a future 3.0 metre wide road widening along Fairport Road to be conveyed to the City. • the requested variance to increase the maximum lot coverage will provide for an appropriately sized dwelling on the subject property that is keeping with the character of the established neighbourhood The requested variances are minor in nature, desirable for the appropriate development of the subject property and are in keeping with the intent of the Official Plan and Zoning By-law. Date of report: April 3, 2014 Comments prepared by: 110 Lalita Paray, MCIP, RPP Nilesh rti, MCIP, RPP Planner II Manager, Development Review & Urban Design LP:NS:Id J:%Documents\Developmem\D3700120141PCA 24-14'Report1PCA 24-14.doc Enclosures • • • 1.8 cn I- II. Bo • _ � -Iii.N—,! Ili w - ■ uI ;= o o-t■• I � ■�!....111M:STROUDS LANE �tg=?:1 . 1. Mal Li WINGARDEN CRESCENT , , � EM_ IIII __N•EN o. o la9 III o J ' '', 1 r I 1114 - -0 l lk ,,,,A, 4 _ �a - _UF `� m cK =fig: wm� ■ o � �j � \ 1 I ml ii,♦ ��I Y: /,�• I- DEN CRESCENT i- GOLDENRIDGE, 1- OIL ,, e , JACQUELINE P, ,,// 1 p f =,, `,, WELRUS STREET 1 __ _ _�, As'8= WNW. i. 0 IS .„or II , _ mom o ml mil 1 ,,,,- 4 a Al Is WM z INEMINW Augg ' �=MOM a� r. ri ■ / R HTO ROA �� SPRUCE - US N D NM� 1, Oa- P i a_ Al 1 r a if.',. EIIIIIL___p , 1 �� t Me �� - r ` DUNBARTON NA Location Map 0 ''' FILE No:P/CA 24/14 .- "`� l_l APPLICANT:I. Lazaridis ill LM�� �111L PROPERTY DESCRIPTION: 1823 Fairport Road(Pt. Lt. 105, Plan 1051 RCP City Development Part 2, 40R-28105) DATE: Mar. 18,2014 Department Data sa�raea: BTenet Enterprise. Inn, and its suppliers. All rights Reserved. Not a plan Of Survey. SCALE 1:5,000 PN-7 0 4073 UAPAC and Its auppliera. All riahta Reaarved. Not a plan of Survey. 19 To recognize an existing lot frontage of 15.2 metres 39.6m 1.5m / 7.5 PROPOSED DWELLING j 3 o 3 � N -♦ 3 Pzi D , 7.5m ,r,, a 3 3 35.5m 1.5m rn To permit a maximum lot coverage of 38 percent To permit a minimum side yard width of 1.5 metres N. Submitted Plan Cay FILE No: P/CA 24/14 • "1-11::77“= APPLICANT: I. Lazaridis w ce`i o is r oc PROPERTY DESCRIPTION:1823 Fairport Road(Pt. Lt. 105, Plan 1051 RCP City Development Part 2, 40R-28105) Department DATE:Mar.21,2014 - . 2(1 /e0,./N____z_ilt="-_-_,....• --r.z..7.-_-_-=====.7.:=2=f_•._ i •_. _____________________ _=::::i: _-_--_-_=E-:_--ZE-,--77,--•:;:i.::::_:.„,... 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