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Home My WebLink AboutApril 1, 2015Committee of Adjustment Agenda Meeting Number: 5 Date: Wednesday, April1, 2015 (I) (II) (Ill) (IV) (V) Adoption of Rules of Procedures Adoption of Agenda Adoption of Minutes from March 11, 2015 · Reports Committee of Adjustment . Agenda Wednesday, April 1, 2015 7:00pm Main Committee Room Page Number 1-12 1. Deferred at the March 11, 2015 meeting 13-18 PICA 13115 K. Hamoui 860 Strouds Lane 2. Deferred at the March 11, 2015 meeting 19-23 PICA 14115 N. Kalmoni 858 Strouds Lane 3. PICA 33115 24-28 Ontario Conference of Seventh-Day Adventist Church 1765 Meadowview Avenue Adjournment 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 -Vice-Chair David Johnson -Chair Denise Rundle Sean Wiley Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Eric Newton (I) Adoption of Agenda Moved by Tom Copeland Seconded by Sean Wiley Committee of Adjustment 01 Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room That the agenda for the Wednesday, March 11, 2015 meeting be adopted. (II) Adoption of Minutes Moved by Tom Copeland Seconded by Sean Wiley Carried Unanimously That the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday, February 18, 2015 be adopted. Carried Page 1 of 12 02 (Ill) 1. Reports (Deferred at the February 18, 2015 meeting) PICA 08/15 1154786 Ontario Ltd. 1438 Rougemount Drive Committee of Adjustment Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3b36, as amend~d by By-law 2912/88: • to pellllit a revised minimum .front yard depth of 13.0 metres; whereas the by-law requires a minimum front yard depth of 15.0 metres • to permit a cov~red porch to project a maximum of 1.8 metres into the required front yard; whereas tile by~law permits uncovered decks or platforms not exCeeding 1.0 metre in height to project a ma:ximum of 1.5 metres into the required front yard, and • to permit a minimum north side yard width of 1.5 metres; whereas the by-law requires a minimum side yard width of 1.8 metres The applicant requests approval of these variances in order to obtain a building permit to construct a two-storey dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval to the revised application, subject to conditions. Written comments were received from Simon Hunter of 1436 Rougemount Drive in objection to the application. Written comments were received from Tim Sanderson of 1442 Rougemount Drive concerned about the potential loss of several large trees if the new house is sited in compliance with the front yard depth requirements of the zoning by-law. Written comments were also received from Marc Charette of 1450 Rougemount Drive in support of the proposal and stated the existing structure is out of character with the streetscape established along Rougemount Drive. Correspondence received from Simon Hunter expressed several concerns with the proposed dwelling; too wide for the subject property; window and door openings should not be permitted on the south side; the condition of vehicular access and servicing easement if development is too close to the right-of-way; provide appropriate fencing to protect the existing south vehicular access; and overhang encroachment over the north easement. Page 2 of 12 Committee of Adjustment 03 Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room Kevin Cahill, 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 Sean Wiley That application PICA 08/15 by 1154786 Ontario Ltd., be Approved on the grounds that the revised minimum front yard depth of 13.0 metres, a covered porch to project a maximum of 1.8 metres into the required front yard and a minimum north side yard width of 1.5 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 two-storey detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant make every effort to protect the existing Sugar Maple trees located on the north side of the property, situated behind the proposed dwelling in accordance with the Arborist's Report prepared by Cressman Tree Maintenance & Landscaping Ltd., dated February 26, 2015, or the decision affecting the revised minimum front yard depth shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by March 10,2017 or this decision shall become null and void. 2. P/CA11/15 C. Willson 485 Whitevale Road Carried Unanimously The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 2677/88: • to permit detached dwelling residential uses; whereas the zoning by-law does not permit residential uses • to recognize an existing front yard depth of 1. 7 metres; whereas the zoning by-law requires a minimum front yard depth of 9.0 metres • to recognize an existing west side yard width of 0.1 of a metre; whereas the zoning by-law requires a minimum side yard width of 1.8 metres Page 3 of 12 Committee of Adjustment Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room • to recognize an existing uncovered porch and steps not exceeding 0.6 of a metre in height projecting to the front lot line; whereas the zoning by-law permits uncovered decks or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required front yard The applicant requests approval of these variances in order to permit detached dwelling residential uses as an additional 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 received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from the Heritage Pickering Advisory Committee in support of the application and stated the building was originally used as a residence and would like to see it occupied. Karl Jaffary, agent, Charles Willson, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Karl Jaffary indicated the detached dwelling could be used entirely residential if required and there are no plans to expand at this time. Moved by Sean Wiley Seconded by Tom Copeland That application PICA 11/15 by C. Willson, be Approved on the grounds that the detached dwelling residential uses, an existing front yard depth of 1.7 metres, an existing west side yard width of 0.1 of a metre and an existing uncovered porch and steps not exceeding 0.6 of a metre in height projecting to the front lot line 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 variance affecting the existing building setbacks and uncovered porch and steps apply only to the existing footprint, as generally sited and outlined on the applicant's submitted plans. 2. That the owner provides a minimum of 1 parking space on the subject property to accommodate detached dwelling residential uses in compliance with the general provisions of Zoning By-law 3037. Page 4 of 12 Committee of Adjustment 0 5 Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room 3. That the owner submits a signed Record of Site Condition (RSC) to the Ministry of Environment (MOE), which includes the MOE's Acknowledgement of Receipt of the RSC to the satisfaction of the City of Pickering or this decision -affecting detached dwelling residential uses shall become null and void. 4. That the owner obtains a building permit to facilitate the proposed development or this decision affecting detached dwelling residential uses shall become null and void. 3. PICA 12/15 2218053 Ontario Corp. 900 Brock Road Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended, to permit a retail sales outlet accessory to a wholesale/distribution depot use; whereas the by-law does not permit retail sales and accessory retail sales outlets. The applicant requests approval of this minor variance application in order to establish a retail sales outlet accessory to a wholesale/distribution depot. 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. Lou Parente, agent, was present to represent the application. Catherine Hodge from the City of Pickering Economic Development Section of the City Development Department was present in favour of the application. Catherine Hodge indicated that the existing building is within the Brock Road Employment Park. She stated that this area is currently in a transition period and by approving this variance it will allow for the evolving nature of businesses within the City. Page 5 of 12 06 Moved by Tom Copeland Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room That application PICA 12/15 by 2218053 Ontario Corp., be Approved on the grounds that the requested variance to p-ermit a retail sales outlet accessory to a wholesale/distribution depot use, 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 condition: 1. That only one accessory retail sales outlet not exceeding a gross floor area of 460 square metres be permitted within the existing building on the subject property. 4. PICA 13/15 K. Hamoui 860 Strouds Lane Carried Unanimously The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: • to permit a minimum front yard setback of 4.5 metres; whereas the by-law permits a minimum front yard setback of 7.5 metres • to permit a minimum rear yard setback of 5.0 metres; whereas the by-law permits a minimum rear yard setback of 7.5 metres, and • to permit a maximum lot coverage of 45 percent; whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain a building permit to construct a two-storey detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval for the reduced front yard setback subject to conditions and refusal for the proposed rear yard setback and lot coverage. Written comments were received from Mark Zwicker of 866 Strouds Lane in objection to the application. Page 6 of 12 Committee of Adjustment Meeting Minutes 0 7 Wednesday, March 11, 2015 7:00pm Main Committee Room Written comments were also received from the City's Engineering & Public Works Department indicating a preliminary grading plan was submitted and approved for Land Division applications LD 026/14 and LD 027/14. This proposal is different from the previous siting and grading plan submitted, therefore prior to approval of this application the applicant must submit a new grading plan for review and approval. Correspondence received from Mark Zwicker expressed several concerns with the reduced front yard setback which is not in keeping with the rest of the neighbourhood. He stated that the proposed siting will result in an encroachment on the existing buffer between dwellings and the street. He stated that the increased lot coverage is unreasonable for this area, which will result in a 12 percent increase from other previously approved houses in the area; disruption in traffic flow on Strouds Land from construction vehicles and the balance between building and landscape areas would be comprised. Brian Abbey, agent, was present to represent the application. Link Zwicker, representing Mark Zwicker of 866 Strouds Lane, Maria & Jozef Javor of 872 Strouds Lane and Theo Lespouridis of 862 Strouds Lane were present in objection to the application. Brian Abbey submitted 7 support letters from surrounding neighbours for the Committee Members to review. He stated that a revised site plan was submitted to reduce the lot coverage to 41 percent and increase the rear yard setback to 6.2 metres. He also stated that if there was no requirement for the road widening the lot coverage would comply. Link Zwicker indicated the lots are too small, building materials being stored on the road and not in keeping in character with the existing community. Jozef Javor stated that the requested front yard setback is not minor. He expressed a concern with not being able to park a vehicle in the driveway with a reduced front yard setback. Theo Lespouridis expressed a concern with. obstruction of sightlines and not being able to park a vehicle in the driveway. Moved by Denise Rundle Seconded by Sean Wiley That application PICA 13/15 by K. Hamoui, be Deferred to allow the agent to discuss with the owners the potential of revising the plan to address residents concerns before the application is brought back to the Committee. Carried Unanimously Page 7 of 12 08 5. PICA 14115 N. Kalmoni 858 Strouds Lane Committee of Adjustment Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: • to permit a minimum front yard setback of 4.5 metres; whereas the by-law permits a minimum front yard setback of 7.5 metres • to permit a minimum rear yard setback of 5.0 metres; whereas the by-law permits a minimum rear yard setback of 7.5 metres, and • to permit a maximum lot coverage of 44 percent; whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain a building permit to construct a two-storey detached dwelling. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval for the reduced front yard setback subject to conditions and refusal for the proposed rear yard setback and lot coverage. Written comments were also received from the City's Engineering & Public Works Department indicating a preliminary grading plan was submitted and approved for Land Division applications LD 026114 and LD 027114. This proposal is different from the previous siting and grading plan submitted, therefore prior to approval of this application the applicant must submit a new grading plan for review and approval. Brian Abbey, agent, was present to represent the application. Link Zwicker, representing Mark Zwicker of 866 Strouds Lane, Maria & Jozef Javor of 872 Strouds Lane and Theo Lespouridis of 862 Strouds Lane were present in objection to the application. Moved by Tom Copeland Seconded by Sean Wiley That application PICA 14115 by K. Kalmoni, be Deferred to allow the agent to discuss with the owners the potential of revising the plan to address residents concerns before the application is brought back to the Committee. Carried Unanimously Page 8 of 12 6. PICA 15115 Mattamy (Seaton) Limited Committee of Adjustment 09 Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room Block 1 on Draft Approved Plan of Subdivision SP-2009-13 The applicant requests relief from Zoning By-law 7364114 (Seaton Zoning By-law) to permit a temporary sales facility, whereas the by-law does not permit a temporary sales facility within a residential high density zone. The applicant requests approval of this minor variance application in order to permit a temporary sales facility on the subject lands for a maximum of 10 years. 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. Angela Sciberras, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Sean Wiley Seconded by Denise Rundle That application PICA 15115 by Mattamy (Seaton) Limited, be Approved on the grounds that the temporary sales facility 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 this variance apply only to the temporary sales facility, as generally sited . and outlined on the applicant's submitted plans. 2. That the decision of the Committee shall be null and void after March 11, 2025. Carried Unanimously Page 9 of 12 10 7. PICA 16115 to PICA 32115 Mattamy (Seaton) Limited Block 2 and Block 20 on Draft Block 2 (PICA 16115 to PICA 22115) Committee of Adjustment Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room Plan of Subdivision SP-2009-13 The applicant requests relief from Zoning By-Jaw 7364114 (Seaton Zoning By-law): • to permit detached dwellings in a "Mixed Corridor Type 1 Exception 2 and 3 (MC 1-2-3)" Zone; whereas, the by-law does not permit detached dwellings within the "Mixed Corridor Type 1 Exception 2 and 3 (MC1-2-3)" Zone, and Block 20 (PICA 23115 to PICA 32115) • to permit street townhouse dwellings in a "Low Density 1 (LD1 )" Zone; whereas, the by-law does not permit street townhouse dwellings within the "Low Density 1 (LD1 )" Zone · The applicant requests approval of these minor variance applications in order to permit detached dwellings on Block 2 and street townhouse dwellings on Block 20 in order to locate future model homes near a proposed temporary sales facility. 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. Angela Sciberras, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Angela Sciberras requested changes to the proposed conditions. She stated that an exception was required for dwellings within Block 2 due to fact that these units abut the Trans-northern pipepline. The exception stated that the maximum encroachment of a porch or deck into the required rear yard is 1.0 metre. Therefore, the exception 3 requirement was only appropriate on Block 2 and the conditions should be revised to remove the exception from Block 20 and include it with the proposed dwellings on Block 2. Page 10 of 12 Moved by Tom Copeland Seconded by Denise Rundle Block 2 (PICA 16115 to PICA 22115) Committee of Adjustment Meeting Minutes 11 Wednesday, March 11, 2015 7:00pm Main Committee Room That applications PICA 16115 to PICA 22115 by Mattamy (Seaton) Limited, be Approved on the grounds to permit detached dwellings on Block 2 in a "Mixed Corridor Type 1 Exception 2 and 3 (MC1-2-3)" Zone 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 Block 2 on Draft Approved Plan of Subdivision SP-2009-13, as generally sited and outlined on the applicant's submitted plans. 2. That the proposed detached dwellings be constructed in accordance with Zoning By-law 7364114 "Low Density 1 (LD1)" Zone performance standards with the exception that the maximum encroachment of a porch or a deck into the required rear yard shall be 1.0 metre. 3. That prior to submitting building permit applications for the proposed detached dwellings the owner must execute a Model Home Agreement to the satisfaction of the City of Pickering. Moved by Tom Copeland Seconded by Denise Rundle Block 20 (PICA 23115 to PICA 32115) Carried Unanimously That applications PICA 23115 to PICA 32115 by Mattamy (Seaton) Limited, be Approved on the grounds to permit street townhouse dwellings on Block 20 in a "Low Density 1 (LD1)" Zone 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 Block 20 on Draft Approved Plan of Subdivision SP-2009-13, as generally sited and outlined on the applicant's submitted plans. Page 11 of 12 12 Committee of Adjustment Meeting Minutes Wednesday, March 11, 2015 7:00pm Main Committee Room 2. That the proposed street townhouse dwellings be constructed in accordance with Zoning By-law 7364/14 "Mixed Corridor Type 1 Exception 2 (MC1-2)" Zone performance standards, with the exception of the flankage yard requirement which shall be a minimum of 1.7 metres. Carried Unanimously (IV) Adjournment Date Chair Moved by Tom Copeland Seconded by Sean Wiley That the 4th meeting of the 2015 Committee of Adjustment be adjourned at 7:49 pm and the next meeting of the Committee of Adjustment be held on Wednesday, April 1, 2015. - Carried Unanimously Assistant Secretary-Treasurer Page 12 of 12 ,---------------------~----- From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment 13 Application Number: PICA 13115 Meeting Date: April 1, 2015 (Deferred at the March 11, 2015 meeting) Principal Planner-Development Review Committee of Adjustment Application PICA 13115 K. Hamoui 860 Strouds Lane The applicant requests relief from the following provisions of Zoning By-law 3036, as , amended: • to permit a revised minimum front yard setback of 5.5 metres; whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a revised minimum rear yard setback of 7.0 metres; whereas the by-law requires a minimum rear yard setback of 7.5 metres, and • to permit a revised maximum lot coverage of 40 percent; whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain a building permit to construct a two-storey detached dwelling. Recommendation The City Development Department considers the revised minimum front yard setback of 5.5 metres, revised minimum rear yard setback of 7.0 metres, and revised maximum lot coverage of 40 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 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 dated March 23, 2015. 2. That the previous variance application (PICA 62114) approved by the Committee of Adjustment on May 21, 2014 affecting the subject property, permitting a front yard depth of 4.5 metres to a proposed two-storey dwelling and maximum lot coverage of 41 percent be repealed. 3. That the applicant ,obtain a building permit for the proposed construction by March 31, 2017, or this decision shall become null and void. ,--------------------------- 14 Report PICA 13115 -Revised April 1, 2015 Page 2 Background A previous Minor Variance Application, PICA 62114, was submitted to the City of Pickering and heard by the Committee of Adjustment on May 21, 2014. This previous application was seeking variances to reduce the front yard depth to 4.5 metres, permit the encroachment of a covered porch into the front yard, permit an uncovered deck to project into the rear yard and to increase the lot coverage to 41 percent. This previous application was approved by the Committee of Adjustment. On March 11, 2015, the Committee of Adjustment deferred Minor Variance Application PICA 13115, to address residents concerns prior to a decision being made by the Committee. A revised plan, as attached and dated March 23, 2015, was submitted addressing concerns related to providing parking in the front yard and increasing the front yard setback. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as 'Urban Residential -Low Density' within the Dunbarton Neighbourhood. The property is also subject to the Dunbarton Neighbourhood Development Guidelines. Section 11.9 (a) of the Pickering Official Plan states that City Council shall, in the established residential areas between Spruce Hill Road and Appleview Road, including Fairport Road and Dunbarton Road, encourage and where possible require new development to be compatible with the character of existing development. The subject property is currently zoned "R4"-Fourth Density Residential Zone within Zoning By-law 3036, as amended. Appropriateness of the Application Revised Front Yard Depth Variance • the intent of a minimum front yard depth is to ensure that an adequate landscaped area, parking area and separation distance is provided between the dwelling and the front lot line • the owner is requesting a minimum front yard depth of 5.5 metres to a proposed two-storey detached dwelling • as a condition of approval for the Land Division application affecting the subject property, the owner is required to convey a 5.79 metre wide road widening across the entire length of the property abutting Strouds Lane in compliance with the municipal right-of-way width requirements of the Pickering Official Plan • the City does not anticipate a road expansion to Strouds Lane in the immediate future ;--------------------------------------- Report PICA 13/15 -Revised April1,2015 15 Page 3 • the proposed front yard depth will provide an adequate landscaped area and required parking area on the driveway to deal with ·residents' concerns - • the proposed front yard depth is compatible with the surrounding neighbourhood as the properties on the south side of Strouds Lane have a required minimum front yard depth of 4.5 metres • the requested front yard depth variance is minor in nature and meets the intent and purpose of the Official Plan and the Zoning By-law Revised Rear Yard Depth and Lot Coverage Variances • the intent of the Zoning By-law is to provide separation from abutting properties to ensure privacy, protect views, ensure openness and to provide an adequate amenity area uncovered by buildings on a lot • the by-law requires a minimum rear yard setback of 7.5 metres and permits a maximum lot coverage of 33 percent in order to encourage a style of development on the subject property which is compatible with the existing development in the neighbourhood • the owner has requested a minimum rear yard depth of 7.0 metres and a maximum lot coverage of 40 percent • the proposed lot coverage of 40 percent is a result of the City's requirements for a road widening along Strouds Lane • the proposed dwelling would have complied with the maximum lot coverage requirements of the Zoning By-law if there was no road widening conveyed to the City • the proposed rear yard depth maintains an adequate buffer space between the proposed detached dwelling and the rear lot line to provide for a sufficient soft landscaped amenity area • the requested variances will provide an appropriate setback and separation from abutting properties with respect to privacy, views and openness • the requested variances are appropriate for the development of the land as the size and massing of the proposed dwelling will be compatible .with the existing character within the surrounding neighbourhood • staff are of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the land and maintain the purpose and intent of the Official Plan and Zoning By-law Input From Other Sources Engineering & Public Works Department • the approved grading plan shows a rear yard setback of 7.0 metres • provided this setback is maintained staff do not require the submission of a new grading plan until a building permit application is submitted 16 Report PICA 13/15 -Revised Date of report: March 26, 2015 Comments prepared by: --~·->iJJI(/,. ~)a c// .. Lalita Paray, MCIP, PP Planner I LP:MM:dp . April 1, 2015 Page4 Melissa Markham, MCIP, RPP Principal Planner, -Development Review J:\Oocuments\Development\D-3700 Committee of Adjustment (PCA Applications)\2015\PCA 13-15 Kamel Hamoui\Report\PCA 13-15_revised.doc Enclosures 0~STREET 0 <( <( 0 0 n:: n:: UNA City Development Department Location Map FILE No: P/CA 13/15 APPLICANT: K. Hamoui h"r-r--r-rT-r-rr""l\~r-r"'T"'"'"T"-T-T-'T.....-.. ~~~~~-L~-L~J&~_L~_L~1 ,-----___,-.......:;...;.;..;.;::..::..;..., ~ t------1 17 PROPERTY DESCRIPTION:860 Strouds Lane (Plan 1041 Pt Lot 63, 40R-28441 , Part 1) DATE: Feb. 17 2014 Data Sources: Teranet Enterprises Inc. and Its suppliers. All rights Reserved. Not a plan of survey. 2013 MPAC and its suppliers. All ri hts Reserved. Not o plan of Surve . SCALE 1 :5,000 PN-7 18 a minimum front yard setback of 5.5 metres Cilfill ~ r!!t!mt City Development Department E -.r ci C") Submitted Plan PROPOSED TWJ & HALF STOREY BRICK & STONE DWELLING HOUSE No.860 Strouds Lane Allowable Lot Area: 526.80 sm (5,670.64 sq ft) Lot Coverage: 206.52sm (2,223.07 sq ft) or 39.20% ntJDS LANE FILE No: P/CA 13/15 -Revised APPLICANT: K. Hamoui PROPERTY DESCRIPTION:860 Strouds Lane Plan 1041 Pt Lot 63 Mar. 25, 2015 From: SubJect: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 14115 Meeting Date: April1, 2015 (Deferred at the March 11, 2015 meeting) Principal Planner-Development Review Committee of Adjustment Application PICA 14115 N. Kalmoni 858 Strouds Lane The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: • to permit a revised minimum front yard setback of 5.0 metres; whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a revised minimum rear yard setback of 7.0 metres; whereas the by-law requires a minimum rear yard setback of 7.5 metres, and • to permit a revised maximum lot coverage of 40 percent; whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain a building permit to construct a two-storey detached dwelling. Recommendation The City Development Department considers the revised minimum front yard setback of 5.0 metres, revised minimum rear yard setback of 7.0 metres, and revised maximum lot coverage of 40 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 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 dated March 23, 2015. 2. That the applicant obtains a building permit for the proposed construction by March 31,2017, or this decision shall become null and void. 19 ' I 20 Report PICA 14/15-Revised April 1, 2015 Page 2 Background On March 11, 2015, the Committee of Adjustment deferred the Minor Variance application to address residents concerns prior to a decision being made by the Committee. A revised plan, as attached and dated March 25, 2015, was submitted addressing concerns related to providing parking in the front yard and increasing the front yard setback. · Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as 'Urban Residential -Low Density' within the Dunbarton Neighbourhood. The property is also subject to the Dunbarton Neighbourhood Development Guidelines. Section 11.9 (a) of the Pickering Official Plan states that City Council shall, in the established residential areas between Spruce Hill Road and Appleview Road, including Fairport Road and Dunbarton Road, encourage and where possible require new development to be compatible with the character of existing development. The subject property is currently zoned "R4"-Fourth Density Residential Zone within Zoning By-law 3036, as amended. Appropriateness of the Application Revised Front Yard Depth Variance • the intent of a minimum front yard depth is to ensure that an adequate landscaped area, parking area and separation distance is provided between the· dwelling and the front lot line • the owner is requesting a minimum front yard depth of 5.0 metres • the proposed 5.0 metre front yard setback is due to a balcony projecting from the main wall of the dwelling, the front yard setback to the attached garage is 5.5 metres, which allows· for additional parking spaces on the driveway in front of the garage • as a condition of approval for the Land Division application affecting the subject property, the owner is required to convey a 5.79 metre wide road widening across the entire length of the property abutting Strouds Lane in compliance with the municipal right-of-way width requirements of the Pickering Official Plan • the City does not anticipate a road expansion to Strouds Lane in the immediate future • the proposed front yard depth will provide an adequate landscaped area and additional parking spaces on the driveway to address residents' concerns • the proposed front yard depth is compatible with the surrounding neighbourhood as the properties on the south side of Strouds Lane have a minimum required front yard depth of 4.5 metres • the requested front yard depth variance is minor in nature and meets the intent and purpose of the Official Plan and the Zoning By-law ------------------------------ Report PICA 14/15 -Revised April 1, 2015 Page 3 Revised Rear Yard Depth and Lot Coverage Variances • the intent of the Zoning By-law is to provide separation from abutting properties to ensure privacy, protect views, ensure openness and to provide an adequate amenity area uncovered by buildings on a lot • the by-law requires a minimum rear yard setback of 7.5 metres and permits a maximum lot coverage of 33 percent in order to encourage a style of development on the subject property which is compatible with the existing development in the neighbourhood • the owner has requested a minimum rear yard depth of 7.0 metres and a maximum lot coverage of 40 percent • the proposed lot coverage of 40 percent is a result of the City's requirements for a road widening along Strouds Lane • the proposed dwelling would have complied with the maximum lot coverage requirements of the Zoning By-law if there was no road widening conveyed to the City • the proposed rear yard depth maintains an adequate buffer space between the proposed detached dwelling and the rear lot line to provide for a sufficient soft landscaped amenity area • the requested· variances will provide an appropriate setback and separation from abutting properties with respect to privacy, views and openness • the requested variances are appropriate for the development of the land as the size and massing of the proposed dwelling will be compatible with the existing character within the surrounding neighbourhood • staff are of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the land and maintain the purpose and intent of the Official Plan and Zoning By-law Input From Other Sources Engineering & Public Works Department Date of report: March 26, 2015 Comments prepared by: d~ Lalita Paray, MCIP, RPP Planner I LP:MM:dp • the approved grading plan shows a rear yard setback of 7. 0 metres • provided this setback is maintained staff do not require the submission of a new grading plan until a building permit application is submitted Melissa Markham, MCIP, RPP Principal Planner -Development Review J:\Oocuments\Development\D-3700 Committee of Adjustment (PCA Applications)\2015\PCA 14-15 Nouhad Kalmoni\Report\PCA 14-15_revised.doc Enclosures 21 22 Cw,o~~~ ~ City Development Department Location Map FILE No: PICA 14/15 APPLICANT: N. Kalmoni PROPERTY DESCRIPTION:858 Strouds Lane (Plan 1041 Pt Lot 63, 40R-28441, Part 2} DATE: Feb. 17 2014 Data Sources: Teronet Enterprlees Inc. and ita suppliers. All rights Reserved. Not o plan of survey. 2013 t..tPAC and its au llers. All rl hta Reserved. Not o lon of Surve . SCALE 1 :5,000 PN-7 To permit a minimum rear yard setback of 7.0 metres E <X) "<t ci M I -21.3m PROPOSED STOREY BRICK & DWELLING HOUSE STROUDS LANE Submitted Plan FILE No: P/CA 14/15-Revised APPLICANT: N. Kalmoni 23 - I .lOm I City Development Department PROPERTY DESCRIPTION:858 Strouds Lane (Plan 1041 Pt Lot 63, 40R-28441 , Part 2) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Mar. 25, 2015 24 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 33115 Meeting Date: April1, 2015 Principal PlannE;:lr-Development Review Committee of Adjustment Application PICA 33115 Ontario Conference of Seventh-Day Adventist Church 1765 Meadowview Avenue The applicant requests reliet'from Zoning By-law 3036, as amended by By-laws 4407173 and 113/7 4 to permit a private school and an associated daycare centre, whereas the by-law does not permit a private school. The applicant requests approval of these variances in order to permit a private school use and an associated daycare centre on the subject property. Recommendation The City Development Department considers a private school and an associated daycare centre use 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 this variance applies only to the existing building, as generally sited and outlined on the applicant's submitted plans. 2. That the private school consists solely of elementary school children from Junior Kindergarten to Grade 8. 3. That the applicant obtain any necessary approvals from the Ministry of Education to permit the proposed daycare centre. Background The subject property was previously owned by the Durham Catholic District School Board (DCDSB), a publicly funded school board. The DCDSB operated an elementary catholic school, formerly known as Saint Marguerite Bourgeoys Catholic School, on the subject property to accommodate approximately 570 students from Junior Kindergarten to Grade 8. In June 2013, the DCDSB closed Saint Marguerite Bourgeoys school. Report PICA 33/15 April 1, 2015 Page 2 On July 29, 2014, the school site was purchased by the Ontario Conference of Seventh- Day Adventist Church, which is part of the Toronto Adventist District School Board. The owners have named the school Crawford Academy, which has been operating as a private elementary school since September 2014. The Crawford Academy currently offers a private elementary school program for approximately 400 students from Junior Kindergarten to Grade 8. The owners are proposing to operate a daycare centre for children between the ages of 1 and 4 years old, in accordance with the Ministry of Education requirements for Child Care Centres, in addition to the private elementary school. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Urban Residential -Low Density Areas" within the Amberlea Neighbourhood. Permissible uses under this designation include, but are not limited to: residential; cultural, recreational and community uses. The City Development Department considers a private elementary school with an associated daycare centre to be a community use. The subject property is currently zoned "ES" -Elementary School Zone within Zoning By-law 3036, as amended by By-laws 4407/73 and 113/74. Zoning By-law 3036 defines a "School" as the following: "a public or separate school, a high school, a continuation school, a nursery school, a technical school, a vocational school, a college or university or any other school established and maintained at public expense." Since the Crawford Academy is a privately funded elementary school it does not meet the school definition within the Zoning By-law. The proposed use is deemed to be a private school. Appropriateness of the Application Variance to Permit a Private School and Associated Daycare Centre Uses • the current Zoning By-law permits a public elementary school on the subject property and does not permit private schools • the owner is requesting private school and associated daycare centre uses on the subject lands • the owner has advised that the existing private elementary school use is similar to the former Saint Marguerite Bourgeoys Catholic School, which was previously owned by the Durham Catholic District School Board 25 Report PICA 33/15 April 1, 2015 Page 3 • the existing private elementary school accommodates fewer children than the previous public elementary school and will operate between the hours of 8:45 am and 3:15pm • the proposed daycare centre use will be integrated within the existing building and will operate between the hours of 7:00 am and 6:00 pm • the proposed uses will not require any significant interior or exterior alterations to the building or the site since the building is currently equipped to accommodate elementary school children from Junior Kindergarten to Grade 8 • the existing building will provide a sufficient number of parking spaces to support the proposed uses • the applicant has advised that the proposed daycare centre will conform to the Ministry of Education Child Care Centre requirements • the owner will be required to comply with the City's Site Plan By-law for any external alterations required to the site • the existing private elementary school and proposed daycare centre use would be in keeping with the neighbourhood's character and the previous elementary school use on the subject property • the requested variances are minor in nature, are 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: March 26, 2015 Comments prepared by: Melissa Markham, MCIP, RPP Principal Planner-Development Review AY:MM:dp J:\Documents\Oevelopment\0·3700 committee of Adjustment fJ'CA Applications)\201 5\PCA 33-15 Ontario Conference of Seventh..(jay Aventist Chutch\Report\PCA 33-15.doc Enclosures City Development Department SHEPPARD Location Map FILE No: P/CA 33/15 AVENUE :r: (/) APPLICANT: Ontario Conference of Seventh-day Adventist Church PROPERTY DESCRIPTION: 1765 Meadowview Avenue Plan M1 057 Blk C, 40R-7560 Part 1) DATE: Mar. 9, 2015 Doto Sourees: Tero.net Ent.,rprises Inc. and lts suppliers. All rlghts Reserved. Not o pion ot !!n.uvey. 2013 MPAC ond Its sup l!ers. All rl hts Reuei"Ved. Not o plan of Surv . SCALE 1 :5,000 PN-4 28 """' ·" i ''""'7 . ..... ..... t .... 7 • City Development Department --..._...--~------.--·~ II:I'JOIIJ'l)"[ ------:-----------------------~-------. ... • ._, ..... """'' To permit a private school and associated daycare centre .X. .. _ .iu. .X. ""' ..... ....... ..... CRAWFORD ADVENTIST ACADEMY EAST CAMPUS FORMERLY KNOWN AS ST. MARGUERITE BOURGEOYS CATHOLIC SCHOOL MEADOWVIEW AVENUE Submitted Plan FILE No: P/CA 33/15 APPLICANT: Ontario Conference of Seventh-day Adventist Church PROPERTY DESCRIPTION: 1765 Meadowview Avenue (Plan M1 057 Blk C, 40R-7560 Part 1) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Mar. 12,2015