HomeMy WebLinkAboutJanuary 7, 2015 - CoA - Special MeetingCommittee of Adjustment
Agenda
Meeting Number: 1
Date: Wednesday, January 7, 2015
Committee of Adjustment
Agenda
Wednesday, January 7, 2015
7:00pm
Main Committee Room
Page Number
(I) Adoption of Agenda
(II)
(Ill)
Adoption of Minutes from November 26, 2014
Reports
1. P/CA01/15
JMPM Holdings Ltd.
1635 Bayly Street
(IV) Adjournment
1-7
8-11
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Pending Adoption
Present:
Tom Copeland
David Johnson -Chair
Eric Newton
Bill Utton
Also Present:
Melissa Markham, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Absent:
Shirley Van Steen -Vice-Chair
(I) Adoption of Agenda
Moved by Bill Utton
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes
Wednesday, November 26, 2014 01
7:00pm
Main Committee Room
That the agenda for the Wednesday, November 26, 2014 meeting be adopted.
(II) Adoption of Minutes
Moved by Bill Utton
Seconded by David Johnson
Carried Unanimously
That the minutes of the 15th meeting of the Committee of Adjustment held
Wednesday, November 5, 2014 be adopted.
Carried
Page 1 of 7
02
(Ill)
1.
Reports
PICA 94/14
C. Newton
631 Liverpool Road
Committee of Adjustment
Meeting Minutes
Wednesday, November 26, 2014
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 2520, as amended by By-law
5938/02:
• to permit a commercial school on the subject lands, whereas the by-law
does not permit a commercial school
• to permit a minimum rear yard setback of 20.0 metres, whereas the by-law
requires a minimum rear yard setback of 25.0 metres
• to permit a maximum projection of 1.3 metres into the required south side
yard, whereas the by-law permits a maximum projection of 0.9 metres into a
required side yard
• to permit a minimum two-way access drive aisle width of 3.8 metres
between Liverpool Road and the rear wall of the ground floor of the
proposed building, whereas the by-law requires a minimum two-way access
drive aisle width of 6.5 metres
The applicant requests approval of these variances in order to obtain Site Plan
Approval and a building permit for an addition to an existing building to
accommodate a range of permitted uses and a commercial school.
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.
Carlos Newton, owner, and Morry Edelstein, agent, were present to represent the
application. Nancy Norris of 1305 Wharf Street, Deedee & David Terranova of
11 03 Wharf Street and Cleveland Gervais & Brittany Furnis of 1309 Wharf Street
were present to obtain additional information and to express their concerns with
the application.
Morry Edelstein provided elevation drawings of the proposed building for the
Committee Members to review. He stated that he has worked with City staff on
the current Site Plan application for the proposed building. He stated that the
proposed building will be compatible with the surrounding area and the massing
and setbacks of the proposed building are compatible with the neighbourhood.
Page 2 of 7
Committee of Adjustment
Meeting Minutes
Wednesday, November 26, 2014 03
7:00pm
Main Committee Room
Nancy Norris expressed many concerns such as the height of the building, loss
of privacy and view of the lake, light pollution, noise from the parking lot and
restaurant use, hours of operation for the uses, reduced width of two-way traffic
aisle, delivery trucks at the site, and the location of the garbage bins abutting her
property. She questioned the use of a gravel parking lot and was concerned with
gravel and dirt coming onto her property as run-off from parking lot. She
informed the Committee that there is a water problem in the area and was
concerned that this development would make the problem worse. She stated
that there is already a major concern with traffic on Liverpool Road and there is a
lack of parking in the surrounding area. Nancy Norris questioned the number of
residential units in the building, tree removal and would like more information on
the placement of windows. She also stated she would like to see the installation
of an eight foot privacy fence and questioned the need for an additional
restaurant in the area. She has concerns about her property value decreasing
with this development.
David Terranova expressed a concern with losing the view of the lake and a
decrease his property value.
Brittany Furnis questioned if the restaurant use will be licensed and expressed a
concern with potential litter of bottles and noise issues related to loud restaurant
patrons in the late evening hours.
In response to the concerns of residents, Merry Edelstein provided an overview
of the site and explained that the building will be reconstructed on the existing
footprint and the height of the building is consistent with existing buildings in the
neighbourhood, which complies with the current zoning by-law. He explained
that there will be no gate into the parking lot and the parking lot will be paved and
not gravel, with drainage from the parking lot directed from west to east. He
stated that goose neck lighting will be provided to reduce light pollution and glare,
which is a requirement from the City, and garbage will be enclosed at the rear of
the property.
Carlos Newton explained that peak hours for the Martial Arts Studio are during
the winter, and the restaurant use will be small, but will help offset the building
costs during the down-season for the Martial Arts Studio. He mentioned that the
hours of operation will range from 11:00 am or 3:00pm start for classes and
9:30 pm would be the last class. He mentioned that there will only be one or two
windows on the north side of the building. In response to resident concerns
Carlos Newton stated there will only be one residential unit and that he will look
into relocating the garbage enclosure.
Page 3 of 7
Moved by Tom Copeland
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes
Wednesday, November 26, 2014
7:00pm
Main Committee Room
That application PICA 94114 by C. Newton, be Tabled to allow the owner to work
with surrounding neighbours to address their concerns before the application is
brought back to the Committee.
2. PICA 104114
1155886 Ontario Inc.
425 Whitevale Road
Carried Unanimously
The applicant requests relief from the following provisions of Zoning By-law 3037,
as amended by By-laws 2677188, 5629100 and 6828108:
• to permit one professional office having a maximum gross leasable floor area
of 280 square metres; whereas the by-law only permits a professional office
as an accessory component to a day spa use with a maximum gross leasable
floor area of 300 square metres
• to permit a minimum of 21 parking spaces; whereas the by-law requires a
minimum of 26 parking spaces
The applicant requests approval of these variances in order to obtain zoning
compliance and a building permit to recognize an existing professional office
(Landscape Architect firm) as a permitted use on the subject property.
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.
Richard Gosling, 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 PICA 104114 by 1155886 Ontario Inc., be Approved on the
grounds that the a professional office having a maximum gross leasable floor
area of 280 square metres and a minimum of 21 parking spaces 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 4 of 7
Committee of Adjustment
Meeting Minutes
Wednesday, November 26, 2014
7:00pm
Main Committee Room
1. That a maximum of one professional office containing non-medical and
related uses with a maximum gross leasable floor area of 280 square metres
shall be permitted, as generally sited and outlined on the applicant's
submitted plan.
2. That the applicant obtains a building permit for interior alterations to allow for
the professional office use by May 27, 2015, or this decision shall become
null and void.
3. PICA 105114 to PICA 108114
2415357 Ontario Inc.
1769 Woodview Avenue
PICA 105114 (Part 3-Woodview Avenue)
Carried Unanimously
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum side yard width of 1.2 metres where a garage is erected as part of a
detached dwelling; whereas the by-law requires a minimum side yard width of
1.5 metres where a garage is erected as part of a detached dwelling.
PICA 106/14 (Part 1-Woodview Avenue)
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum side yard width of 1.2 metres where a garage is erected as part of a
detached dwelling; whereas the by-law requires a minimum side yard width of
1.5 metres where a garage is erected as part of a detached dwelling.
PICA 107114 (Part 2-Oakburn Street)
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum side yard width of 1.2 metres where a garage is erected as part of a
detached dwelling; whereas the by-law requires a minimum side yard width of
1.5 metres where a garage is erected as part of a detached dwelling.
PICA 108114 (Part 4-Oakburn Street)
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum side yard width of 1.2 metres where a garage is erected as part of a
detached dwelling; whereas the by-law requires a minimum side yard width of
1.5 metres where a garage is erected as part of a detached dwelling.
Page 5 of 7
•")5 I. . . ,,
Committee of Adjustment
Meeting Minutes
Wednesday, November 26, 2014
7:00pm
Main Committee Room
The applicant proposes to create a total of four residential lots for detached
dwellings through the Region of Durham Land Division Committee (two fronting
onto Woodview Avenue and two fronting onto Oakburn Street). To facilitate the
future development of the detached dwellings, the applicant has requested
approval of these four minor variance applications to reduce the minimum side
yard width.
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.
Samantha Bateman, 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 applications PICA 105114 to PICA 108114 by 2415357 Ontario Inc., be
Approved on the grounds that a minimum side yard width of 1.2 metres where a
garage is erected as part of a detached dwelling is 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 lot configuration, as
generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtains final clearance for future land severances to create
the lots by January 22, 2016, or this decision shall become null and void.
3. That the applicant obtains building permits for the proposed construction on
the proposed lots by November 25, 2016, or this decision affecting the
reduced side yard widths shall become null and void.
Carried Unanimously
(IV) Acknowledgement
David Johnson, Chair, noted that this was the last meeting of the term for the
current Committee of Adjustment. He thanked the Committee members and City
staff for their support during the four year term of Committee of Adjustment.
Page 6 of 7
Committee of Adjustment
Meeting Minutes
Wednesday, November 26, 2014
7:00pm
Main Committee Room
(V) Adjournment
Date
Chair
Moved by Eric Newton
Seconded by Bill Utton
That the 16th meeting of the 2014 Committee of Adjustment be adjourned at
7:51 pm and the next meeting of the Committee of Adjustment be held in early
2015.
Carried Unanimously
Assistant Secretary-Treasurer
Page 7 of 7
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 01115
Meeting Date: January 7, 2015
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 01115
JMPM Holdings Ltd.
1635 Bayly Street
The applicant requests relief from Zoning By-law 2511, as amended by By-law 6974109:
• to permit an outdoor patio to be located outside of the building envelope with a
minimum setback of 0.8 of a metre from the north lot line
The applicant is requesting approval of this minor variance application in order to obtain
Site Plan Approval to construct an outdoor patio in association with a proposed
restaurant use.
Recommendation
The City Development Department considers the requested variance to permit an
outdoor patio to be located outside of the building envelope with a minimum setback of
0.8 of a metre from the north lot line 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 the proposed patio as generally sited and outlined on
the applicant's submitted plan.
2. That the applicant obtains Site Plan Approval for the proposed patio by
January 7, 2016 or this decision shall become null and void.
Background
On July 24, 2012 Site Plan Approval was granted to permit the development of four
commercial buildings and an industrial building on the subject property. Two of the four
commercial buildings were constructed without a tenant and currently remain vacant.
The applicant has recently signed a lease agreement for Building B with a restaurant
operator that requires an outdoor patio as part of their operation. The proposed patio is
located along the north fagade of Building B fronting Bayly Street with a setback of
0.8 of a metre from the north lot line.
Report PICA 01/15 January 7, 2015
Page 2
Official Plan and Zoning By-law
The northerly portion of the subject property, containing the commercial building with
the proposed patio, is designated as "Mixed Employment" within the Official Plan, which
permits a range of uses, including but not limited to, offices; limited personal services;
restaurants, and limited retailing of goods and services serving the area.
The subject property is currently zoned as "MC-21" within Zoning By-law 2511, as
amended by By-law 6974/09, which permits a variety of uses including restaurant-
Type A. Schedule II to By-law 6974/09 establishes a building envelope with a minimum
setback of 3.0 metres from all lot lines. The by-law also requires a 3.0 metre wide
build-to-zone along the entire length of the property fronting Bayly Street. The applicant
is requesting a variance to permit a patio to be constructed outside of the building
envelope with a minimum setback of 0.8 of a metre from the north lot line abutting Bayly
Street.
Appropriateness of the Application
• the intent of the building envelope and built-to-zone provisions in the site specific
zoning by-law is to create a pedestrian friendly street edge, and to ensure that an
adequate building ~etback is provided from all lot lines
• the proposed patio is uncovered and delineated by a transparent 1.8 metre high
fence
• the proposed patio provides an adequate setback to allow for a landscape buffer
between the edge of the patio and the property line
• the proposed patio will enhance the architectural design of the building and
create an active frontage along Bayly Street
• reducing the minimum building setback from 3.0 metres to 0.8 of a metre from
the north lot line to permit a patio will have minimal impact on abutting properties
• Engineering and Planning staff have reviewed the submitted proposal and are
generally satisfied with the location of the patio
• the requested variance is minor in nature and maintains the general intent and
purpose of the Official Plan, Development Guidelines and the Zoning By-law
Date of report: January 2, 2015
Comments prepared by:
~;r~
Isabelle Janton
Planner II-Site Planning
IJ:NS:Id
J:\Documents\Development\0·3700\2015\PCA 01-15\Report\PCA 01-15. doc
Enclosures
Nilesh urti, CIP, RPP
Manager, Development Review & Urban Design
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FILE No: P/CA 01/15
APPLICANT: JMPM Holdings Ltd. ~t; PROPERTY DESCRIPTION: 1635 Bayly Street (BFC Range 3
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Submitted Plan
FILE No: P/CA 01/15
APPLICANT: JMPM Holdings Ltd.
PROPERTY DESCRIPTION: 1635 Bayly Street (BFC Range 3,
N Pt Lot 19, 40R-10527, Pt Part 1)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Dec. 18,2014