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HomeMy WebLinkAbout15 November 5, 2014Committee of Adjustment Agenda Cttq o~ Meeting Number: 15 Date: Wednesday, November 5, 2014 (I) Adoption of Agenda (II) Adoption of Minutes from October 15, 2014 (Ill) Reports 1. PICA 95114 K. Belton & N. Jones-Belton 1984 Fairport Road 2. PICA 98114 A. & Z. Risteski 1736 Silver Maple Drive 3. PICA 99114 S. & B. Syed 721 Hillview Crescent 4. PICA 100114 R. & M. Kovatch 2323 Canterbury Crescent 5. PICA 101114 0. Barragan 846 Modlin Road 6. PICA 103114 2362953 Ontario Inc. 1449 Old Forest Road (IV). Adjournment Committee of Adjustment Agenda Wednesday, November 5, 2014 7:00pm Main Committee Room Page Number 1-8 9-14 15-19 20-24 25-28 29-34 35-38 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 Eric Newton Shirley Van Steen -Vice-Chair Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Bill Utton (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014 7:00pm Main Committee Room That the agenda for the Wednesday, October 15, 2014 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Shirley Van Steen Carried Unanimously That the minutes of the 13th meeting of the Committee of Adjustment held Wednesday, September 24, 2014 be adopted. Carried Page 1 of 8 Dl Committee of Adjustment Meeting Minutes 02 Wednesday, October 15, 2014 (Ill) Reports 1. PICA 89114 C. & L. Gertzos 1972 Glendale Drive 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: • to permit accessory buildings (detached garage and hot tub) to be partially located in the required side yards; whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard • to recognize a 0.8 of a metre south side yard width to an existing accessory building (detached garage); whereas the by-law requires all accessory buildings be set back a minimum of 1.0 metre from all lot lines, and • to recognize an existing uncovered platform (deck) not exceeding 1.4 metres in height above grade to project a maximum of 1.4 metres into the required north side yard; whereas the by-law permits uncovered platforms not exceeding 1.0 metre in height above grade to project a maximum of 0.5 of a metre into the required side yard The applicant requests approval of these minor variances in order to allow an existing detached garage and hot tub to be partially located in the south and north side yards respectively, and to recognize the location of an existing deck within the required north side yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Chris Gertzos, 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 Eric Newton That application PICA 89114 by C. & L. Gertzos, be Approved on the grounds that the accessory buildings (detached garage and hot tub) to be partially located in the required side yards; a minimum 0.8 of a metre south side yard width to an existing accessory building (detached garage), and a maximum projection of 1.4 metres into the required north side yard for an existing uncovered platform (deck) 1.4 metres in height above grade 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 8 Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014 03 7:00pm Main Committee Room 1. That these variances apply only to the existing detached garage, hot tub and deck, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed one-storey addition as generally sited and outlined on the applicant's submitted plans, or the decision affecting the existing detached garage and hot tub proposed to be partially located in the south and north side yards respectively shall become null and void. 2. PICA 90114 K. MacKay 830 Reytan Blvd. Carried Unanimously The applicant requests relief from Zoning By-law 2520, as amended, to permit an unenclosed covered carport having a minimum front yard depth of 7.0 metres and a minimum flankage side yard width of 3.0 metres; whereas the by-law requires a minimum front yard depth of 7.5 metres and a minimum flankage side yard width of 4.5 metres. The applicant requests approval of these variances in order to obtain a building permit to construct an unenclosed covered carport within the west side yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. The owner was not 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 PICA 90114 by K. MacKay, be Approved on the grounds that the minimum front yard depth of 7.0 metres and minimum flankage side yard width of 3.0 metres 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 carport, as generally sited and outlined on the applicant's submitted plans. Page 3 of 8 Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014 7:00pm Main Committee Room 2. That the applicant removes/relocates the existing shed currently located in the west flankage side yard to be in compliance with the zoning by-law requirements prior to the issuance of a building permit. 3. That the applicant obtain a building permit for the proposed construction by October 14, 2016, or this decision shall become null and void. 3. PICA 92/14 B. & J. Henderson 1731 Lane Street Carried Unanimously The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06, to permit an addition to an existing accessory building (detached garage) partially located within the west side yard; whereas the by-law requires all accessory .buildings which are not part of the main building to be erected in the rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct an addition to an existing accessory building (detached garage) partially located within the side yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. The owners were not 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 Shirley Van Steen That application PICA 92/14 by B. & J. Henderson, be Approved on the grounds that the addition to an existing accessory building (detached garage) partially located within the west side yard is minor in nature, desirable for the appropriate development of the lands, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the proposed addition to the detached garage as generally sited and outlined on the applicant's submitted plans. Page 4 of 8 Committee of Adjustment · Meeting Minutes Wednesday, October 15, 2014 7:00pm Main Committee Room 2. That the applicant obtain a building permit for the proposed construction by October 14, 2016, or this decision shall become null and void. 4. PICA 93114 C. Annable 1435 Altona Road Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 16.0 metres; whereas the by-law requires a minimum lot frontage of 18.0 metres. The applicant requests approval of this variance in order to create one additional lot through the Region of Durham Land Division Committee for a detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from Kevin Ashe, City Councillor, Ward 1 in support of the application. Ryan Davidson, agent, 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 PICA 93114 by C. Annable, be Approved on the grounds that the minimum lot frontage of 16.0 metres is minor in nature, desirable for the appropriate development of the lands, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the proposed retained parcel as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by October 14, 2016, or this decision shall become null and void. Carried Unanimously Page 5 of 8 05 CG 5. PICA 96114 & PICA 97114 Maddy Developments Inc. 578 & 580 Oakwood Drive PICA 96114 (580 Oakwood Drive} Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 2511, as amended, to permit a maximum lot coverage of 38 percent; whereas the by-law permits a maximum lot coverage of 33 percent. PICA 97114 (578 Oakwood Drive} The applicant requests relief from Zoning By-law 2511, as amended, to permit a maximum lot coverage of 38 percent; whereas the by-law permits a maximum lot coverage of 33 percent. The applicant requests approval of these variances in order to obtain building permits to facilitate the development of two lots for detached dwellings. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Kevin Tunney, agent, was present to represent the application. Christine & Richard Taylor of 569 Oakwood Drive and Abdul Yassine of 571 Oakwood Drive were present in objection to the application. Kevin Tunney explained the two proposed dwellings will be high quality homes. In response to a question from a Committee Member, he stated that trees are required to be planted in accordance with the landscape plan, which was required through the land division process. He also stated the proposed dwellings are in keeping with the surrounding neighbourhood. Christine & Richard Taylor outlined written comments they previously submitted to the Committee. They stated concerns such as: loss of tree canopy, demand for smaller homes, building larger homes is only in the interest of the builder, larger homes could attract multiple families in the same dwelling, an increase in coverage would set a precedent for larger homes in the future and will change the look of the streetscape. Abdul Yassine indicated the development should be consistent with the rest of the neighbourhood. Page 6 of 8 Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014. 7 7:00pm U Main Committee Room K. Tunney stated that the requested variances are minor in nature. The Secretary-Treasurer explained the zoning requirements for the two proposed dwellings and stated that the dwellings complied with all required yard setbacks. Moved by Tom Copeland Seconded by Shirley Van Steen That application PICA 96114 by Maddy Developments Inc., be Approved on the grounds that the maximum lot coverage of 38 percent is minor in nature, desirable for the appropriate development of the lands, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies 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 October 14, 2016, or this decision shall become null and void. That application PICA 97114 by Maddy Developments Inc., be Approved on the grounds that the maximum lot coverage of 38 percent is minor in nature, desirable for the appropriate development of the lands, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies 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 October 14, 2016, or this decision shall become null and void. Carried Unanimously Page 7 of 8 08 (IV) Date Chair Adjournment Moved by Shirley Van Steen Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, October 15, 2014 7:00pm Main Committee Room That the 15th meeting of the 2014 Committee of Adjustment be adjourned at 7:34 pm and the next meeting ofthe Committee of Adjustment be held on Wednesday, November 5, 2014. Carried Unanimously Assistant Secretary-Treasurer Page 8 of 8 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 95114p 9 Meeting Date: November 5, 2014 ··· Manager, Development Review & Urban Design Committee of Adjustment Application PICA 95114 K. Belton & N. Jones-Belton 1984 Fairport Road The applicant requests relief from the following provisions of Zoning By-law 3036: • to permit a minimum flankage yard width of 1.5 metres, whereas the by-law requires a minimum flankage yard width of 4.5 metres • to permit a maximum lot coverage of 34 percent, whereas the by-law requires a maximum lot coverage of 33 percent 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 on the east and south side of the existing dwelling. Recommendation The City Development Department considers the minimum flankage yard width of 1.5 metres and a maximum lot coverage of 34 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 these variances apply only to the proposed one an·d a half storey addition with an attached garage, as generally sited and outlined on the applicant's submitted plans. 2. That the previous variance application (PICA 09114) approved by the Committee of Adjustment on March 19, 2014 affecting the subject property, permitting a reduction in the minimum rear yard depth and increased lot coverage be repealed. 3. That the applicant submits a landscaping plan for approval to the satisfaction of the City, to ensure that the proposed attached garage is properly screened from Taplin Drive. 4. That the applicant obtain a building permit for the proposed construction by November 4, 2016, or this decision shall become null and void. 10 Report PICA 95114 November 5, 2014 Page 2 Background On March 19, 2014, the Committee of Adjustment approved Minor Variance Application PICA 09114, which permitted a reduction in the minimum rear yard depth from 7.5 metres to 4.0 metres; an increase in the maximum lot coverage from 33 to 35 percent and to recognize the location of an existing accessory structure (pergola) in the north rear yard. The applicant requested the above-noted variances in order to support a one and a half storey addition on the east side of the dwelling with an attached garage on the west side of the dwelling. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas" within the Dunbarton Neighbourhood Zoning By-law 3036 -"R4" -Fourth Density Residential Zone Appropriateness of the Application Flankage Side Yard Width Variance • the intent of a minimum flankage yard width is to provide an adequate separation distance between buildings and street activity and to maintain an adequate landscaped area • the applicant's proposal intends to provide a larger amenity area within the north and west rear yards of the property • the proposed flankage yard width of 1.5 metres to a single-storey attached garage would maintain an adequate separation distance between buildings and street activity and maintain an adequate landscaped area within the flankage side yard • the proposed location of the attached garage from the flankage lot line will maintain sight triangles between Taplin Drive and Fairport Road • the applicant proposes to provide landscaping between the proposed garage and the lot line (as shown on the Applicant's Submitted Plan) to reduce the visual impact of the garage from Taplin Drive • the requested flankage side yard width variance is minor in nature and meets the purpose and intent of the Official Plan and the Zoning By-law Lot Coverage Variance • the intent of the maximum lot coverage is to maintain an appropriate size, scale and massing of dwellings and to ensure an adequate amount of outdoor amenity area remains uncovered by buildings on a lot • a significant private outdoor amenity area uncovered by buildings will be provided on the north and west rear yards of the property Report PICA 95/14 November 5, 2014 Page 3 11 • the proposed increase in lot coverage to 34 percent is minor in nature and will provide for the appropriate development of the land • the requested lot coverage variance meets the purpose and intent of the Official Plan and the Zoning By-law Date of report: October 30, 2014 Comments prepared by: Nilesh urti, MCIP, RPP Manager, Development Review & Urban Design AY:NS:Id J:\Documents\Development\0-3700\2014\PCA 95-14\Report\PCA 95-14.doc Enclosures City Development Department PR O P O S E D NE IA I O O D FE N C E -._ _ - . I < ·- E ~I EX I S T I N G GA R A G E TO BE RE M O V E D -- - - r _ . ; . . . __ _ _j I I B.I C L[ ) I I ' 47 . 2 m 15 . 2 · EX I S T I N G SI D E SP L I T DE T AC I - l E D !- l O U S E I I - I PR O P O S E D NE I A I AT T A C H E D 2 CA R GA R A G E (S H O I A I N SH A D E D ) 42 . 6 m 0 '" 1 EX I S T I N G SE P T I C TA N K TO BE RE M O V E D (P R O P O S E D CO N N E C T I O N TO I A I N OF PI C K E R I N G SE N I T A R Y SE I A I E R S ) B. 3 I r_ ; : 12 .1 ' 1 -- ~ - - - - - - ~ r - - - - - PR O P O S E D N E H l S ST O R E Y E AD D I T I O N C'\! · (S H O I A I N l! > SHAD E ~ : / ~ 1 // 1 ' : / B. 2 PR O P O S E D DR I V E I A I A Y UT I L I T Y ~ EX I S T I N G ( • PO L E DR I V E I A I A Y 1 I v TO BE RE M O V E D ; I NH A N C E D 5. 4 'f = : = = ~ =J : : - - . 4 b AN D S C A P I N G ~ 6. C 1 IT o pe r m i t lo t co v e r a g e of 34 pe r c e n t Ci t y De v e l o p m e n t De p a r t m e n t 1'1 . 3 TA P L I N DR I V E Su b m i t t e d Pl a n FI L E No : P/ C A 95 / 1 4 AP P L I C A N T : K. Be l t o n & N. Jo n e s - B e l t o n 21 . ' 1 , To pe r m i t a mi n i m u m fl a n k a g e si d e ya r d wi d t h of 1. 5 me t r e s PR O P E R T Y DE S C R I P T I O N : 19 4 8 Fa i r p o r t Ro a d (P a r t Lo t 7, Pl a n 81 8 ) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VIE W I N G AT TH E CIT Y OF PIC K E R I N G CI T Y DE V E L O P M E N T DE P A R T M E N T 0 <( 0 a: 1-a: 0 a.. a: Lt DATE: Oct. 20, 2014 1-~\ w SO U T I - 4 EL E V A T I O N EA S T EL E V A T I O N Ci t y De v e l o p m e n t De p a r t m e n t UE S T EL E V A T I O N Su b m i t t e d Pl a n FI L E No : P/ C A 95 / 1 4 AP P L I C A N T : K. Be l t o n & N. Jo n e s - B e l t o n PR O P E R T Y DE S C R I P T I O N : 19 4 8 Fa i r p o r t Ro a d (P a r t Lo t 7, Pl a n 81 8 ) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CI T Y OF PI C K E R I N G CIT Y DE V E L O P M E N T DE P A R T M E N T E (") ..ol DATE: Oct. 20, 2014 i-" ~ From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 98114 Meeting Date: November 5, 2014 15 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 98114 A. & Z. Risteski 1736 Silver Maple Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 4508194 to permit an uncovered platform (deck) not exceeding 0.2 of a metre in height above grade to project a maximum of 6.9 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 the required rear yard. The applicant requests approval of this variance in order to obtain zoning compliance for an existing uncovered deck within the required rear yard. A building permit will not be required since the existing platform is less than 0.6 of a metre above established grade. Recommendation The City Development Department considers an uncovered platform (deck) not exceeding 0.2 of a metre in height above grade to project a maximum of 6.9 metres into the required rear yard 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 this variance apply only to the existing uncovered platform (deck) as generally sited and outlined on the applicant's submitted plans. 2. That the owner provides confirmation to the satisfaction of the City Development Department that the existing deck is situated 0.6 of a metre from the rear lot line by May 1, 2015 or this decision shall become null and void. 16 Report PICA 98/14 Comment Official Plan and Zoning By-law November 5, 2014 Page 2 Pickering Official Plan -"Urban Residential -Low Density Areas" within the Amberlea Neighbourhood Zoning By-law 3036, as amended by By-law 4508/94-"S-SD-SA-2"-Single Detached, Semi Detached and Single Attached Residential Zone Appropriateness of the Application Increased Projection of Uncovered Steps and Platforms • the intent of this provision is to provide the opportunity for any stairs and/or a landing platform to encroach into the required rear yard when needed; to ensure an adequate setback is provided to protect the privacy of abutting property owners, and to ensure an adequate outdoor and amenity area is provided within the rear yard • the by-law permits uncovered stairs or platforms not exceeding 1.0 metre in height above grade to project not more than 1.5 metres into the required rear yard • the applicant's rationale for constructing the deck is to provide a level amenity area in the rear yard due to existing uneven grades throughout the property • the existing deck will be revised to project a maximum of 6.9 metres into the required rear yard • a useable, undeveloped amenity area will be maintained on the north side of the rear yard • privacy of abutting property owners appears to be maintained since the existing deck is 0.2 of a metre above established grade • appropriate access for maintenance, lot grading and drainage will be provided at the rear of the property since the deck would accommodate a 0.6 of a metre setback from the rear property line • the requested variance is minor in nature and maintains the intent and purpose of the Official Plan and the Zoning By-law Input From Other Sources Sherwin James 1739 White Cedar Drive • opposes the application • concerned about lack of privacy, height and location of the deck from the rear lot line Report PICA 98/14 Date of report: October 29, 2014 Comments prepared by: AY:NS:Id i, MCIP, RPP November 5, 2014 ·~ 7 Page 3 .L Manager, Development Review & Urban Design J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2014\PCA 98-14 A. & Z. Risteski\Report\PCA 98-14.doc Enclosures -~ 8 1~ City Development Department .-----: ' .--- 1-- 1-z w () ~ (/) f--w L___ n:: () - I ALTONA FOREST PARK PUBLIC SCHOOL ST. ELIZABETH SETON SEPARATE SCHOOL >---- '----'----f-- - --- n:: 1----+---l w 1----+----l ;§ n: 1----+---l w <( 1----+----l () 2 1----+---l 1---- - Ill 1 r Location Map FILE No: P/CA 98/14 APPLICANT: A. & Z. Risteski ROSEBANK RESERVOIR PROPERTY DESCRIPTION: 1736 Silver Maple Drive (Pt Lt 16, Plan 40M-181 0, 40R-16533, Part 5) DATE: Sept. 25, 2014 SCALE 1:5,000 PN-11 PR O P O S E D UN C O V E R E D DE C K 31 . 6 m - - I l I I ~~ - . - I ~· ~ 6. 9 m I I EX I S T I N G 2 ST O R E Y t - ~ . 0. 6 m SE M I DE T A C H E D DW E L L I N G ~ ~ ~ ~ ~ ~ I# ,. • L ~ _:. .~· :: ; - .. . . . . . . ""' ""' ... . . . - ~ .. . . . . . . . . . . . . . . . . . . . . . . . . . - - ... .. . . . . l. . " ' - " ' - ' " ' " ' " ' " ' ' " ' " ' " ' " ' ' ' ' ' " ' " " ' " ' ' ' " ' ' ' '- ' ' - ' ' ' " '- ' - ' ' '- ..... . '-"' - ' - ~ -- - - - o pe r m i t a ma x i m u m pr o j e c t i o n of 6. 9 me t r e s in t o th e re a r ya r d 6 ... . . . , Su b m i t t e d Pl a n FI L E No : P/ C A 98 / 1 4 AP P L I C A N T : A. & Z. Ri s t e s k i o.u . c . '""' ~ IJ -y-} w > a: 0 -E w .....J ,co a.. co <( ~ a: ....... w l ~ • I ~ C/) Ci t y De v e l o p m e n t De p a r t m e n t I PR O P E R T Y DE S C R I P T I O N : 17 3 6 Si l v e r Ma p l e Dr i v e (P t Lt 16 , Pl a n , 40 M - 1 8 1 0, 40 R - 1 6 5 3 3 , Part 5) II ~ FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CIT Y OF PI C K E R I N G 1 CI T Y DE V E L O P M E N T DE P A R T M E N T DATE: Oct. 20,2014 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 99114 Meeting Date: November 5, 2014 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 99114 S. & B. Syed 721 Hillview Crescent The applicant requests relief from Zoning By-law 2511, as amended, to permit a minimum side yard width of 1.2 metres on both sides, where a garage is erected as part of a detached dwelling; whereas the by-law requires 1.5 metres on both sides, where a garage is erected as part of a detached dwelling. The applicant requests approval of this variance in order to obtain a building permit to construct a two-storey detached dwelling. Recommendation The City Development Department considers the minimum side yard width of 1.2 metres on both sides 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 this variance applies only to the proposed detached 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 4, 2016, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas" within the West Shore Neighbourhood Zoning By-law 2511 -"R4"-Fourth Density Residential Zone Report PICA 99/14 November 5, 2014 Page 2 Appropriateness of the Application Side Yard Width Variance • the intent of a minimum side yard width is to provide an appropriate separation distance between structures on abutting properties in order to maintain pedestrian access; and to accommodate grading, drainage and residential services such as air conditioning units and utility meters • the proposed side yard width of 1.2 metres will maintain an appropriate separation distance between structures on the abutting properties • appropriate pedestrian access between the side lot lines and the proposed detached dwelling will also be maintained • proposed grading, drainage and residential services beside the proposed dwelling can be accommodated on the subject property • the requested variance to reduce the side yard widths are minor in nature and will not adversely impact the adjoining properties to the north and south Date of report: October 30, 2014 Comments prepared by: Deepak Bhatt, MCIP, RPP Planner II DB: NS: ld J:\Documents\Development\D-3700\2014\PCA 99-14\Report\PCA 99-14 Report.doc Enclosures N1 esh urti, MCIP, RPP Manager, Development Review & Urban Design ') 2 (-...( _-A. FAIRPORT BEACH PUBLIC SCHOOL -c City Development Department Location Map FILE No: P/CA 99/14 APPLICANT: S. & B. Syed PROPERTY DESCRIPTION:721 Hillview Crescent Lot 95, Plan 331 Dote Sources: Teronet Enterprises Inc. and Its suppliers. A1t rlohts Reserved. Not a plan of survey. 2013 MPAC and Its suppliers. All ri hts Reserved. Not a plan of Survey. DATE: Oct. 9, 2014 SCALE 1:5,000 PN-2 1-z w (. ) C/ ) w a: (. ) $ w ~ __ J I --- il ~§ j$ -} 5 , ... . . :,,_ .. _. )' :. . I \ -- / Ci t y De v e l o p m e n t De p a r t m e n t r E o . cx: i AS P H A L T PA V E D DR I V E W A Y ~- - E N """ " " . ~ ~ ~ . ~~ ( ; ) - ( .,. , . ) - r - .. - · ( :_ _ [ _ -~~ 6 m It \ Su b m i t t e d Pl a n FI L E No : P/ C A 99 / 1 4 AP P L I C A N T : S. & B. Sy e d j ___ _ _ _ . . ' • X ·;~-··" )( *" = ~ - - - ~ - - - ~ · I EXISTING SHED I V TO BE DEMOLISHED I I i1 1 T :l f 'l I II II ~~ I L - ------~ J l l . U l 1 1 12.1m ~ ..--- .. _ L j " E I XN I .u) 1 1Q.9m J ~ ...... .... . . . . -·- EX I S T I . J G Sh i : O D I TO BE dE M O L I S H E D I ; - / I ...... " ,. - = - - - + H"' , •. . -r~ " > ; . I Ho l Tu b • ~ - - · - - L - - - \ =~ _ j \. . a, 1\~ •J I '- - ) ( . = >1----)( ; 4, ~ .A , - n. ~ Wh e r e a ga r a g e is er e c t e d as pa r t of a de t a c h e d dw e l l i n g , th e mi n i m u m re q u i r e d si d e ya r d s sh a l l be 1. 2 me t r e s 1' PR O P E R T Y DE S C R I P T I O N : 72 1 Hi l l v i e w Cr e s c e n t (L o t 95 , Pl a n 33 1 ) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CI T Y OF PI C K E R I N G CI T Y DE V E L O P M E N T DE P A R T M E N T DATE: Oct. 21, 2014 ;;:'...,:) w ') )' '·' 't City Development Department WEST (FRONT) ELEVATION Submitted Plan FILE No: P/CA 99/14 ~----------~----~-------------------------------------------------------~ APPLICANT: S. & B. Syed PROPERTY DESCRIPTION: 721 Hillview Crescent (Lot 95, Plan 331) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Oct. 21, 2014 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 100114 Meeting Date: November 5, 2014 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 100114 R. & M. Kovatch 2323 Canterbury Crescent The applicant requests relief from Zoning By-law 3036, as amended by By-law 4365193, to permit a partially covered platform (deck and attached gazebo) not exceeding 1.0 metre in height above grade to project a maximum of 1.8 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 the required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct a partially covered deck in the rear yard. Recommendation The City Development Department considers the partially covered platform (deck and attached gazebo) not exceeding 1.0 metre in height above grade to project a maximum of 1.8 metres into the required rear yard 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 this variance applies only to the partially covered platform (deck and attached gazebo) 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 4, 2016, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas" within the Brock Ridge Neighbourhood Zoning By-law 3036-"R3-7"-Detached Dwelling Zone Report PICA 100/14 November 5, 2014 Page 2 Appropriateness of the Application Partially Covered Platform Projecting into the Required Rear Yard Variance • the intent of this provision is to ensure an adequate outdoor private amenity area is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow for appropriate access for maintenance, lot grading and drainage • the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard • the proposed partially covered platform (deck and attached gazebo) projection of 1.8 metres into the required rear yard maintains the required side yard setbacks and only affects part of the lot • the proposed deck and partially covered gazebo will have minimal impact on the privacy of abutting property owners and continues to provide an adequate amount of outdoor private amenity area in the rear yard • the requested variance is minor in nature, is desirable for the appropriate development of the property and maintains the purpose and intent of the Official Plan and Zoning By-law Date of report: October 30, 2014 Comments prepared by: Deepak Bhatt, MCIP, RPP Planner II DB:NS:Id J:\Documents\Development\D-3700\2014 \PCA 100-14 \Report\PCA 1 00-14 Report.doc Enclosures Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design City Development Department CENTENNIAL PARK Location Map 0 ~ () 0 0::: [!) FILE No: P/CA 100/14 T. WILFRED's SEPARATE SCHOOL APPLICANT: R. & M. Kovatch 27 PROPERTY DESCRIPTION:2323 Canterbur Crescent (Lot 114, Plan 40M-1771) DATE: Oct. 14,2014 SCALE 1 :5,000 PN-13 ')8 t..1 City Development Department Submitted Plan FILE No: P/CA 100/14 PROPOSED DECK .· sc'C.~\ :\ ctt€ ~~~0 To permit a partially covered platform( deck and attached gazebo) not exceeding 1.0 metre in height above grade to project 1.8 metres into the required rear yard APPLICANT: R. & M. Kovatch PROPERTY DESCRIPTION: 2323 Canterbury Crescent (Lot 114, Plan 40M-1771) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Oct. 20, 2014 From: Nilesh Surti, MCIP, RPP Report to Committee of Adjustment 2 9 Application Number: PICA 101114 Meeting Date: November 5, 2014 Manager, Development Review & Urban Design Subject: Committee of Adjustment Application PICA 101114 0. Barragan 846 Modlin Road Application The applicant requests relief from Zoning By-law 2520, as amended: • to permit a vehicle (boat) to be parked in the front yard, not on a driveway with a maximum permissible height of 2.7 metres and a maximum permissible length of 9.7 metres; whereas the by-law permits no part of any front or flankage yard, except a driveway, to be used for the parking or storage of vehicles, with a maximum permissible height of 3.5 metres and a maximum permissible length of 8.0 metres The applicant requests approval of these variances in order to allow an oversized boat to be stored in the front yard. Recommendation The City Development Department considers a vehicle (boat) with a maximum permissible height of 2.7 metres, and a maximum permissible length of 9.7 metres, to be parked in the front yard, to be a major variance that is not desirable for the appropriate use of the land and therefore recommends Refusal of the proposed variance. Background Following the circulation of the Public Notice, Planning Staff recognized that the zoning by-law defines the location of the proposed boat to be situated in the front yard instead of the flankage yard, and therefore amended the minor variance application as follows: Previous Relief Applied For Revised Requested Relief Applied For to permit a vehicle (boat) to be parked in to permit a vehicle (boat) to be parked in the flankage yard, not on a driveway; the front yard, not on a driveway; whereas the by-law states no part of any whereas the by-law states no part of any front or flankage yard, except a driveway, front or flankage yard except a driveway is to be used for the parking or storage of is to be used for the parking or storage of vehicles vehicles 30 Report PICA 101/14 November 5, 2014 Page 2 The City Development Department 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 to reflect the requirements of the zoning by-law. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas" within the Bay Ridges Neighbourhood Zoning By-law 2520-"RM1"-Multiple Family Dwelling-First Density Residential Zone Appropriateness of the Application Oversized Vehicle (boat) Parked in the Front Yard • the intent of the by-law is to accommodate vehicles commonly associated with residential uses while restricting the location, the number and the size of the vehicles in order to preserve and maintain the residential appearance of the neighbourhood • the zoning by-law states that in Residential Zones, a maximum of four vehicles, only one of which may be a trailer, are permitted to park on the exterior of any lot in a residential zone, provided that only one vehicle parked in a side or rear yard can be of a size up to a maximum permissible height of 3.5 metres, and a maximum permissible length of 8.0 metres • the by-law further states that no part of any front or flankage yard except a driveway is to be used for the parking or storage of vehicles and no vehicle is to encroach onto any road allowance • the by-law further states that the parking or storage of an inoperative vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure • the subject property is a large corner lot with a 1.8 metre high wood privacy fence in the rear yard, a 1.5 metre high decorative wood fence in the front yard along Modlin Road, and a driveway access from Naroch Boulevard • the requested variance is for the storage of an oversized boat on a trailer during the months of November to April within the front yard, abutting Modlin Road • the owner has indicated that the boat will be screened with a new 1.8 metre high privacy wood fence, replacing the decorative fence in the front and north side yard • the City's Fence By-law (By-law No. 6943/09) permits either a fence of solid type construction (e.g board on board fence with no gaps) having a maximum height of 1.0 metre or a fence of open construction (e.g chain-link fence or wood fence with gaps) having a maximum height of 1.5 metres within the front yard • notwithstanding the height of the proposed new fence to be constructed by the owner, the oversized boat will be visible by approximately 1.2 metres above the fence, allowing it to still be visible from the street Report PICA 101/14 November 5, 2014 Page 3 31 • storage of an oversized boat for a period of six months in the front yard does not meet the intent of the zoning by-law, which is intended to permit the parking of vehicles on a residential lot • the oversized boat within the front yard would be highly visible from the street and would have an adverse visual impact on the abutting neighbourhoods • the requested variance is a major variance that is not in keeping with the intent and purpose of the zoning by-law and is not an appropriate use of the lands Input From Other Sources D. Rigby 814 Naroch Boulevard Date of report: October 30, 2014 Comments prepared by: '\.·· /'J -) tZ.;)1>-' I l Lalita Paray, MCIP, RPP Planner II LP:NS:Id J:\Oocuments\Development\0·3700\2014\PCA 1 01-14\Report\PCA 1 01_14.doc Enclosures • on October 29, 2014, a letter of concern was received from the adjacent property owner to the east, noting that a boat this large should not be stored in the neighbourhood and that there is the potential for a negative visual impact from her property Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design 32 I I I I--r-- r-- I-- City Development Department Location Map FILE No: P/CA 101/14 APPLICANT: E. Barragan PROPERTY DESCRIPTION:846 Modlin Road (Plan M14 Lot 228) DATE: Oct. 14, 2014 SCALE 1:5,000 PN-2 City Development Department To permit one vehicle (boat) with a maximum length of 9.7 metres OCH eL\/0 N~R . Submitted Plan FILE No: P/CA 101/14 APPLICANT: E. Barragan -33 To permit a vehicle (boat) to be parked in the front yard, not on a driveway PROPERTY DESCRIPTION: 846 Modlin Road (Plan M14 Lot 228) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Oct. 20, 2014 Ci t y De v e l o p m e n t De p a r t m e n t 14 . 2 m Su b m i t t e d Pl a n FI L E No : P/ C A 10 1 / 1 4 AP P L I C A N T : E. Ba r r a g a n PR O P E R T Y DE S C R I P T I O N : 84 6 Mo d l i n Ro a d (P l a n M1 4 Lo t 22 8 ) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E Cl l Y OF PI C K E R I N G Cl l Y DE V E L O P M E N T DE P A R T M E N T . FENCE DATE: Oct. 20, 2014 Citq "~ From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 103114 35 Meeting Date: November 5, 2014 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 103114 2362953 Ontario Inc. 1449 Old Forest Road The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum north side yard width of 1.3 metres, whereas the by-law requires a minimum side yard width of 1.5 metres. The applicant requests approval of this variance in order to obtain a building permit to facilitate the development of a two storey detached dwelling. Recommendation The City Development Department considers the minimum north side yard width of 1.3 metres 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 this variance applies only to the proposed detached 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 4, 2016, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas" within the Woodlands Neighbourhood Zoning By-law 3036 -"R4" -Fourth Density Residential Zone 36 Report PICA 103/14 November 5, 2014 Page 2 Appropriateness of the Application Side Yard Width Variances • the intent of a minimum side yard width is to provide an appropriate separation distance between structures on abutting properties in order to maintain pedestrian access, and to accommodate grading, drainage and residential services such as air conditioning units and utility metres • the requested variance is due to the irregular grading of the site in order to accommodate a carport to access the rear garage • the proposed 1.3 metre north side yard width will provide an appropriate separation distance between the abutting properties • appropriate pedestrian access between the north side lot line and the proposed detached dwelling will also be maintained • proposed grading, drainage and residential services within the proposed north side yard can be accommodated on the subject property • the proposed variance is minor in nature, will not adversely impact the adjoining properties, and maintains the intent of the Zoning By-law and the Official Plan Date of report: October 30, 2014 Comments prepared by: .1-~· ~ta Paray, MCIP, RPP Planner II LP:NS:Id J:\Documents\Development\0·3700\2014\PCA 1 03~ 14\Report\PCA 1 03_14.doc Enclosures . sh urti, MCIP, RPP Manager, Development Review & Urban Design 1.1 1-- 1--- f-- f-- 1--- 1--- (' . ., STROU I := I 10 /iff EPL PA K lj '0 ~ 37 I I-I\ \ \ k ~~~o::~NI := ~ \ lbl ~ 1§'-lJLE CHURC / :::: ~ I ') ~ 1 II I ~ ~ ,o-> ._rJP / :? j ~ \ \ ROAD .,_,u/ ~ -r--) \~ETT/COAT CRE.r-J I I I // ___ F!REHALL r-II II ~I \ / l_.../" No. 2 V I-S'-"' RARY AND ~ ~ ROUGE HILL }...___ OMMUNITY __../'\ v, = y Ill \\ ~ CENTRE I I ( ~ _j ~~ ~bU \~-'.a' 1';; n ~ ~~Alw -~ ~~ ~\ ~ rfttlmc City Development Department Location Map FILE No: PICA 103/14 APPLICANT: 2362953 Ontario Inc. PROPERTY DESCRIPTION: 1449 Old Forest Road (Plan 816 Pt Lot 60, 40R-27348 Part 1) DATE: Oct. 14, 2014 SCALE 1 :5,000 PN-6 ata Sourc-: R ~C,'".~~·~P~"ci·~..:-~··~. ~~~P~~C:..~t~.u·~r:~~~"R.~!~.gd~t·N~·~·~~ad~ ~?ts~r!:;.n of aurvey. ~ 0 ct. ~ '& 0 \.. . 1 - s 0 I I ~ ? : : Ci t y De v e l o p m e n t De p a r t m e n t .Q L"'~'"J RA I L FE N C E <,. PR O P O S E D 2 ST O R E Y DW E U J N G .f t GA R A G E N7 1 ' 4 4 ' 0 5 " E 64 . 4 1 BO A R D FE N C E 62.86 Su b m i t t e d Pl a n FI L E No : P/ C A 10 3 / 1 4 AP P L I C A N T : 23 6 2 9 5 3 On t a r i o In c . PR O P E R T Y DE S C R I P T I O N : 1 4 4 9 Ol d Fo r e s t Ro a d (P l a n 81 6 Pt Lo t 60 , 40 R - 2 7 3 4 8 Pa r t 1 lZl .. .Q 1' FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CIT Y OF PIC K E R I N G c1 T Y DE V E L O P M E N T DE P A R T M E N T . I DATE: Oct. 21 , 2014 w ~