HomeMy WebLinkAboutApril 22, 2015-----~~~~~-------
Committee of Adjustment
Agenda
Cttq o~
Meeting Number: 6
Date: Wednesday, April 22, 2015
(I) Adoption of Agenda
(II) Adoption of Minutes from April1, 2015
(Ill) Reports
1. PICA 91114
Norris Holdings Limited
1705 Wellington Street
2. PICA 34115
J. Wills
3-361 Chickadee Court
3. PICA 35115
W. Weick
10-361 Chickadee Court
4. PICA 36115
K. Moody
1678 Heathside Crescent
(IV) Adjournment
Committee of Adjustment
Agenda
Wednesday, April 22, 2015
7:00pm
Main Committee Room
Page Number
1-6
7-18
19-24
25-30
31-35
Accessible •--For information related to accessibility requirements please contact:
PICKE~G Lesley Dunne
T. 905.420.4660, extension 2024
TTY 905.420.1739
Email ldunne@pickering.ca
Pending Adoption
Present:
Tom Copeland-Vice-Chair
David Johnson -Chair
Eric Newton
Denise Rundle
Also Present:
Melissa Markham, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Absent:
Sean Wiley
(I) Adoption of Rules of Procedures
Moved by Tom Copeland
Seconded by Eric Newton
That the Rules of Procedures be adopted.
(II) Adoption of Agenda
Moved by Eric Newton
Seconded by Tom Copeland
Committee of Adjustment
Meeting Minutes
Wednesday, April 1, 2015
7:00pm
Main Committee Room
Carried Unanimously
That the agenda for the Wednesday, April 1, 2015 meeting be adopted.
(Ill) Adoption of Minutes
Moved by Tom Copeland
Seconded by Denise Rundle
Carried Unanimously
That the minutes of the 4th meeting of the Committee of Adjustment held
Wednesday, March 11, 2015 be adopted.
Carried
Page 1 of 6
02
(IV)
1.
Reports
(Deferred at the March 11, 2015 meeting)
PICA 13/15 -Revised
K. Hamoui
860 Strouds Lane
Committee of Adjustment
Meeting Minutes
Wednesday, April1, 2015
7:00pm
Main Committee Room
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.
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 indicating the approved grading plan shows a rear yard setback of
7.0 metres and providing this setback is maintained staff do not require the
submission of a new grading plan until a building permit application is submitted.
Brian Abby, agent, was present to represent the application. Theo Lespouridis of
862 Strouds Lane was present in objection to the application.
Brian Abby explained that he has worked closely with his clients and City staff to
revise the application since the last Committee of Adjustment meeting on
March 11, 2015. He stated that the minor variance application was revised to
address residents concern with the proposed front yard setback to the proposed
dwelling. Brian Abby provided a site plan for the Committee members to review
illustrating the differences between the original and revised applications. He also
stated he has spoken with the concerned neighbour about replacing trees on the
site.
Theo Lespouridis expressed concerns with the increase in lot coverage and
reduced front yard setback variances. He was concerned about the proposed
dwelling and vehicles in the front yard obstructing the sightlines from his
driveway. He was also concerned about drainage on the subject property and
the replacement of trees. Theo Lespouridis submitted a petition signed by five
surrounding neighbours in objection to any lot coverage greater than 35 percent.
Page 2 of 6
f.1 .. 3 Committee of Adjustment
Meeting Minutes
Wednesday, April 1, 2015
7:00pm
Main Committee Room
In response to questions from Committee Members, the Secretary-Treasurer
noted the road widening has not been taken from all properties along Strouds
Lane and the City does not anticipate a road widening in the near future. In
response to a question from a Committee Member the Secretary-Treasurer
stated that if the road widening was not required to be conveyed to the City the
lot coverage would comply.
Moved by Denise Rundle
Seconded by Eric Newton
That application PICA 13115 by K. Hamoui, be Approved on the grounds that 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 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 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.
2. (Deferred at the March 11, 2015 Meeting)
PICA 14115-Revised
N. Kalmoni
858 Strouds Lane
Carried Unanimously
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
Page 3 of 6
04
Committee of Adjustment
Meeting Minutes
Wednesday, April 1, 2015
7:00pm
Main Committee Room
• 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.
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 indicating the approved grading plan shows a rear yard setback of
7.0 metres and providing this setback is maintained staff do not require the
submission of a new grading plan until a building permit application is submitted.
Brian Abby, agent, was present to represent the application. Theo Lespouridis of
862 Strouds Lane was present in objection to the application.
Moved by Tom Copeland
Seconded by Eric Newton
That application PICA 14115 by K. Kalmoni, be Approved on the grounds that
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 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 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.
Carried Unanimously
3. PICA 33115
Ontario Conference of Seventh-Day Adventist Church
1765 Meadowview Avenue
The applicant requests relief from Zoning By-law 3036, as amended by By-laws
4407173 and 113174 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.
Page 4 of 6
Committee of Adjustment
Meeting Minutes
Wednesday, April 1, 2015
7:00pm
Main Committee Room
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.
Ben Corbier, agent, and Norman Brown, owner, were present to represent the
application. No further representation was present in favour of or in objection to
the application.
In response to questions from Committee Members, Ben Corbier noted the
school meets the curriculum requirements of the Ministry of Education and all
safety requirements. The school will also work with the Ministry of Education to
obtain any required approvals related to the daycare use.
Moved by Eric Newton
Seconded by Tom Copeland
That application PICA 33/15 by Ontario Conference of Seventh Day Adventist
Church, be Approved on the grounds that a private school and an associated
daycare centre use 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 this variance apply 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.
Carried Unanimously
Page 5 of 6
U5
CG
(V)
Date
Chair
Adjournment
Moved by Eric Newton
Seconded by Denise Rundle
Committee of Adjustment
Meeting Minutes
Wednesday, April 1, 2015
7:00pm
Main Committee Room
That the 5th meeting of the 2015 Committee of Adjustment be adjourned at
7:32pm and the next meeting of the Committee of Adjustment be held on
Wednesday, April22, 2015.
Carried Unanimously
Assistant Secretary-Treasurer
Page 6 of 6
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to 07
Committee of Adjustment
Application Number: PICA 91114
Meeting Date: April 22, 2015
Principal Planner-Development Review
Committ~e of Adjustment Application PICA 91114
Norris Holdings Limited
1705 Wellington Street
The applicant requests relief from the following provisions of Zoning By-law 3037, as
amended by By-law 6640106:
• to recognize an existing lot frontage of 15.0 metres; whereas, the by-law requires
a minimum lot frontage of 22.0 metres
• to recognize an existing lot area of 535 square metres; whereas, the by-law
requires a minimum lot area of 1 ,390 square metres
• to recognize an existing rear yard depth of 4.9 metres; whereas, the by-law
requires a minimum rear yard depth of 9.0 metres
• to permit a covered porch to project a maximum of 0.6 of a metre into the
required side yard; whereas, the by-law permits uncovered steps or platforms not
exceeding 1.0 metre in height above grade to project a maximum of 0.5 of a
metre into any required side yard, and
• to permit a maximum lot coverage of 33 percent; whereas, the by-law permits a
maximum lot coverage of 20 percent
The applicant requests approval of these variances in order to obtain a building permit
to construct a second storey addition to an existing building with a covered side
entrance porch.
Recommendation
The City Development Department considers an existing lot frontage of 15.0 metres, an
existing lot area of 535 square metres, an existing rear yard depth of 4.9 metres, a
covered porch to project a maximum of 0.6 of a metre into the required side yard, and a
maximum lot coverage of 33 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 this approval only apply to the requested variances as outlined on the
applicant's submitted plans.
08 Report PICA 91/14 April 22, 2015
Page 2
2. That the owner submits a signed Record of Site Condition (RSC) to the Ministry of
Environment (MOE) (Ont. Reg. 511/09, as amended), which includes the MOE's
Acknowledgement of Receipt of the RSC to the satisfaction of the Region of Durham
by April21, 2016, or this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction by April 21,
2016, or this decision shall become null and void.
Background
The existing building on the property was originally constructed in 1959 and used as the
Claremont Fire Hall. In 1999, the City of Pickering deemed these lands surplus and
sold the property. Norris Holdings Limited is the third owner of the property since the
City sold these lands.
In 2012, the owner submitted a Minor Variance Application (PCA 08/12) to permit the
conversion of the existing building into a 3 storey detached dwelling with a second
storey rear yard deck. The variance application was considered before the Committee
of Adjustment on May 23, 2012. This application was not supported by City staff and
the Committee of Adjustment refused the application.
On September 18, 2014, after pre-consulting with City staff, the owner submitted a
revised Minor Variance Application proposing a second storey addition to the existing
building, with no rear yard deck. The applicant provided supporting information for the
conversion of the existing building such as building elevations, floor plans, a landscape
plan, and a letter with preliminary structural information from a qualified engineer (MINA
Design Group Inc.) evaluating the capacity of the existing building structure to receive
the loads due to the proposed additional storey.
Comment
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject property as "Hamlet Residential"
within the Claremont Settlement Area, which permits residential uses, home
occupations and limited retail, office, and business uses.
The subject lands are zoned -"ORM-R5" -Oak Ridge Moraine Residential Five Zone
within Zoning By-law 3037, as amended by By-law 6640/06 which permits a detached
dwelling and a home-based business.
Appropriateness of the Application
Lot Frontage, Lot Area, Lot Coverage and Rear Yard Depth Variances
• the general intent of performance standards in a Zoning By-law is to ensure that
individual properties maintain appropriate lot sizes, building height and massing
and building setbacks that can appropriately site a dwelling and is complimentary
with the character of the surrounding neighbourhood
Report PICA 91/14 April22, 2015
Page 3
• the existing building was constructed in its current location in 1959
• the existing one-storey building (garage) is currently legal non-conforming
• the applicant is requesting variances to recognize the existing lot area, lot
frontage, lot coverage and rear yard setback in order to construct a second
storey addition on top of the existing structure
• the applicant is proposing to add a second storey to the existing building in order
to create a living area for residential purposes and operate a home based
business
• the applicant is also requesting to increase the maximum lot coverage to
33 percent in order to recognize the current lot coverage of 32 percent for the
existing building and an additional 1 percent for a proposed covered porch in the
side yard
• the applicant is proposing an addition, intended for residential purposes, which is
more in keeping with the residential character of the neighbourhood
• the requested variances are minor in nature, desirable for the appropriate
development of the land and maintains the general intent of the Zoning By-law
and the Official Plan
Covered Platforms Projecting into Required Side Yard Variance
• the intent of this provision is to allow for any stairs and/or a landing platform to
encroach into the side yard when needed, to ensure adequate buffer space
between buildings and the side lot line is provided, and to ensure an adequate
soft landscaped area within the side yard is also provided
• the by-law permits uncovered steps or platforms, not exceeding 1.0 metre in
height above grade, to project a maximum of 0.5 of a metre into any required
side yard
• the applicant is requesting 0.6 of a metre encroachment into the required side
yard in order to create a main entrance to the proposed dwelling from the side
yard
• the proposed covered porch will maintain an adequate buffer space between the
proposed dwelling and the side lot line to provide an attractive residential feature
and provide for weather protection when entering the dwelling
• the reduced side yard width will not alter the character of the subject property but
improve the residential character of the subject lands
• the requested variance is minor in nature, desirable for the appropriate
development of the lands and maintains the general intent of the Zoning By-law
and the Official Plan
!J9
10 Report PICA 91/14 April22, 2015
Page4
Comments from Agencies and Departments
Region of Durham Planning • no objection to the application
Department • the Region is satisfied with the submitted
Region of Durham Public Health
Department
Engineering & Public Works
Department
Building Services·
Phase I Environmental Site Assessment and
has requested that the applicant file a Record
of Site Condition (RSC), in accordance with
the Ministry of Environment (Ont. Reg.
511/09, as amended) in support of the
proposed Minor Variance Application
• no objection to the application
• the proposed change in use (residential and
HVAC home based business) may result in an
increase in daily sewage flow requiring the
replacement of the holding tank for one with a
greater volume. A permit application must be
completed to replace the holding tank
• do not foresee any issues in the upgrading of
the existing holding tank to suit the change of
use and second storey addition
• unable to comment on the shared water well
situation as this is the jurisdiction of the
Ontario Ministry of the Environment
• no objection to the proposed addition
• no objection to the application for a minor
variance
• the owner will need to address a number of
existing site conditions, including the capacity
of existing building (foundations and above
grade structure) to receive the proposed
construction loads, at the time of building
permit application
• construction requirements, including fire
separations, gas proofing between the garage
and the remainder of the house, Part 12
Energy Efficiency Design, and spatial
separation calculations, among other
technical requirements, will also be addressed
at the building permit review stage
Report PICA 91/14
Residents Comments
April22, 2015 11
Page 5
A. McKay and N. Sabourin (4959 Old Brock Road)
Letter of concern received March 12, 2015
Residents Concerns
• traffic impact from commercial
business (Extreme Commercial
Mechanical)
• parking of company commercial
vehicles
• potential impact to shared water
well
• property size not large enough to
support a home
• applicant's holding tank capacity
Response to Residents Concerns
• the applicant has advised the City that only
the administrative part of the business
(Extreme Commercial Mechanical) is
operating from 1705 Wellington with an office
space which occupies 5% of the living space
and 1 0% of the space within the garage; all
other materials are being stated at an offsite
leased storage unit
• once the addition is constructed the business
would comply with the City Home Based
Business zoning provisions
• the applicant has advised the City that only a
personal vehicle (pick up truck) with the
company logo will be parked on the driveway;
this vehicle complies with City by-laws and is
therefore permitted to park on the driveway of
this property
• a three party easement is registered on title
for shared well water; each of the parties has
the free, uninterrupted and unobstructed right
and easement over, upon and under the lands
for the supply of water, including the use of
the existing drilled well or any replacement
well; the three parties are the owners of
4959 Old Brock Road, 1705 Wellington Street
and the Masonic Hall at 4955 Brock Road
• the existing lot is a legal lot of record currently
designated and zoned for residential
development
• Durham Region Health Department has advised
that the proposed change of use (residential and
HVAC home business) may result in an increase
in daily sewage flow requiring the replacement of
the holding tank, the Health Department does
not foresee any issues in upgrading the existing
holding tank to suit the change of use and
second storey addition
12 Report PICA 91/14
D. Dearing (4864 Victoria Street)
April 22, 2015
Page 6
• the setback distance between the well and
holding tank would be verified at the building
permit application stage
Letter of concern received March 12, 2015
Residents Concerns
• home was built in 1865 and is on
the property line, bordering the
east side of subject lands
• impact of proposed development
on privacy
• the existing structure was
previously used for personal
storage, which did not generate a
lot of traffic
• traffic generated from business
operation and the current use of
the land
Response to Residents Concerns
• the applicant has advised the City that given
the proximity of the existing dwelling on the
property line, a fence cannot be erected; as
such, a detailed landscape plan has been
prepared to create privacy between the two
properties
• the property is designated and zoned for
residential uses, personal storage uses do not
comply with the City's Official Plan or Zoning
By-law
• the applicant has advised that the site is
currently being used as a home based
business (Extreme Commercial Mechanical),
however the applicant does not currently
reside at this location as the existing building
has no habitable space
• the applicant has advised the City that only
the administrative part of the business
(Extreme Commercial Mechanical) is
operating from 1705 Wellington and only a
personal vehicle (pick up truck) with company
logo is to be parked on the driveway, which
cemplies with City by-laws
5. Mulveney (4951 Old Brock Road)
Letter of concern received March 16, 2015
Residents Concerns
• due to the addition, loss of
privacy in the rear yard
Response to Residents Concerns
• the applicant has advised the City that a chain
link fence will be erected in the rear and
shrubs will be planted to provide for privacy;
with respect to height, the proposed addition
is in keep with the existing built form of the
area (two-storey residential dwelling)
Report PICA 91/14
Date of report: April 16, 2015
Comments prepared by:
c/1$~
Lalita Paray, MCIP, RPP
Planner I
LP:MM:Id
April22, 2015
Page 7
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2014\PCA 91-14 Norris Holdings Limited\Report\PCA 91-14.doc
Enclosures
13
14
CENTRAL
CLAREMONT
PUBLIC SCHOOL
'-----~ ----
STREET
em,a~ ~ rt!t~
City Development
Department
Location Map
FILE No: P/CA 91/14
APPLICANT: Norris Holdings Ltd.
40R-18850, Part 6} ~rees;: ~-Teranftt Enterprlsee Inc. and it:• auppllent. All rights Reae~ed. Not o ~~-~n of eurvey. f>_ 201.:5 t.APAC and ita suppliers. All ric hts Reserved. Not a plan of Survey.
I
I--
DATE: Mar. 9, 2015
SCALE 1 :5,000 IPN-RU
To recognize an existing
lot frontage of 15.0 metres
To recognize an existing
lot area of 535 square
metres
WELLINGTON STREET
i
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I
2.5
E
15.2m
EXI&TINCS 1 &T~Y
eRICK .t &TUCCO
6UIIL.DINCS
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C"') •
15
To permit a maximum lot
coverage of 33 percent
~----------------~~~------------------~ To recognize an existing
rear yard depth of 4.9
metres To permit a covered porch
to project a maximum of
0.6 of a metre into the
required side yard
City Development
Department
I
j_
Submitted Plan
FILE No: P/CA 91/14
15.2m
APPLICANT: Norris Holdings Ltd.
PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17,
40R-18850, Part 6)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Mar. 12, 2015
16
~ n FINI!!t-lfD ~pp~
DDDDDD DDDDDD DDDDDD DDDDDD
NORTH ELEVATION
TOPOF~T_E _
SOUTH ELEVATION
Submitted Plan
FILE No: P/CA 91/14
APPLICANT: Norris Holdings Ltd.
City Development
Department
PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17,
40R-18850, Part 6)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Mar. 12, 2015
17
EAST ELEVATION
WEST ELEVATION
Submitted Plan
FILE No: PICA 91/14
APPLICANT: Norris Holdings Ltd.
City Development
Department
PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17,
40R-18850, Part 6)
DATE: Mar. 12, 2015 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT •
18
• • •
PROPOSED GROUND FLOOR PLAN
r----"-----------------------------------
~ ;~~ ~~~ ~
PROPOSED SECOND FLOOR PLAN
City Development
Department
Submitted Plan
FILE No: P/CA 91/14
APPLICANT: Norris Holdings Ltd.
PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17,
40R-18850, Part 6)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Mar. 12,2015
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 34115
Meeting Date: April 22, 2015
Principal Planner-Development Review
Committee of Adjustment Application PICA 34115
J. Wills
361 Chickadee Court-Unit 3
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended by By-law 4645195:
• to permit minimum side yard widths of 0.6 of a metre; whereas the by-law
requires that a minimum 1.2 metre interior side yard width shall be provided
adjacent to the extension of that wall on the lot upon which that dwelling is
located if an abutting interior side yard is not provided on the other lot
• to permit a second-storey uncovered balcony to project a maximum of 1.8 metres
into the required rear yard; whereas the 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 rear yard
The applicant requests approval of these variances in order to permit a second-storey
uncovered balcony in the rear yard.
Recommendation
The City Development Department considers the minimum side yard widths of 0.6 of a
metre and a maximum projection of 1.8 metres into the required rear yard for a
second-storey uncovered balcony 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 second-storey uncovered balcony,
as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
April 21, 2017, or this decision shall become null and void.
19
20 Report PICA 34/15
Comment
Official Plan and Zoning By-law
April 22, 2015
Page 2
Pickering Official Plan -"Urban Residential -Medium Density Areas" within the
Highbush Neighbourhood
Zoning By-law 3036, as amended by By-law 4645/95-"RMM"-Multi-Unit Residential
Zone
Appropriateness of the Application
Side Yard Width and Uncovered Steps and Porches Projecting into the required Rear
Yard Variances
• the intent of requiring interior side yard setbacks and maximum projections into
the required rear yard for any additions or decks in the rear of townhouses is to
ensure that any additions/structures can be appropriately maintained without
having to encroach onto abutting properties, to minimize any adverse impact on
adjacent neighbours such as privacy and to ensure that an adequate outdoor
amenity area is provided within the rear yard
• the by-law requires any structure that projects from a townhouse unit (which has
a side yard setback of 0.0 metres) maintains a minimum side yard setback of
1.2 metres
• the applicant is requesting to reduce the minimum required side yard width from
1.2 metres to 0.6 of a metre and to permit a maximum rear yard projection of
1.8 metres to accommodate the proposed second-storey uncovered balcony
• the proposed second-storey uncovered balcony has a width of 4.2 metres and a
length of 1.8 metres
• the proposed 0.6 of a metre side yard setback to the uncovered balcony in the
rear yard could be maintained without encroaching onto abutting properties
• adverse impacts on adjacent neighbours will be minimized with the 0.6 of a metre
side yard setback
• there will be minimal adverse impacts on adjacent neighbours due to the
projection of the second-storey balcony into the rear yard as the subject property
abuts the Altona Forest to the rear
• an adequate buffer space between the proposed uncovered balcony and the rear
lot line as well as from abutting property owners will be maintained
• the proposed development will provide for additional outdoor amenity area and
maintains an adequate soft landscaped area for the townhouse unit
• the requested variances are minor in nature, desirable for the appropriate
development of the land and maintains the intent of the Pickering Official Plan
and zoning by-law
Report PICA 34/15
Date of report: April 16, 2015
Comments prepared by:
/Jr'{ trl/adkt\_
~·· Ashley Yearwood, MCIP, RPP
Planner II
AY:MM:Id
J:\Documents\Development\D-3700\2015\PCA 34-15\Report\PCA 34-15.doc
Enclosures
Melissa Markham, MCIP, RPP
April 22, 2015
Page 3
Principal Planner-Development Review
21
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City Development
Department
Location Map
FILE No: P/CA 34/15
APPLICANT: J. Wills
SUBJECT
PROPERTY
PROPERTY DESCRIPTION:Pian 40M-1827, Blk 18, 40R-27385 Parts 3, 17
(361 Chickadee Court Unit 3
Data Sources:
Teronet Enterprises Inc. end its suppliers. All rights Res4!:rved. Not o plan of survey. 2013 ~PAC and its suppliers. All rights Reserved. Not o plan of Survey.
DATE: Mar. 20, 2015
SCALE 1:5,000 PN-10
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COMMON ELEMENT AREA
0~ D'lll
PNil 1 PAAT 2
To permit minimum sid
yard widths of 0.6 of a
metre
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Submitted Plan
To permit a second storey
uncovered balcony to project a
maximum of 1.8 metres into the
required rear yard
FILE No: P/CA 34/15
APPLICANT: J. Wills
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PROPERTY DESCRIPTION: Plan 40M-1827, Blk 18, 40R-27385 Parts 3, 17
City Development
Department (361 Chickadee Court Unit 3)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Apr. 1, 2015
24
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City Development
Department
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SOUTH (REAR) ELEVATION
Submitted Plan
FILE No: P/CA 34/15
APPLICANT: J. Wills
PROPERTY DESCRIPTION: Plan 40M-1827, Blk 18, 40R-27385 Parts 3, 17
(361 Chickadee Court Unit 3)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Apr. 1, 2015
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 35115
Meeting Date: April 22, 2015
Principal Planner-Development Review
Committee of Adjustment Application PICA 35115
W. Weick
361 Chickadee Court-Unit 10
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended by By-law 4645195:
• to permit minimum side yard widths of 0.6 of a metre; whereas the by-law
requires that a minimum 1.2 metre interior side yard width shall be provided
adjacent to the extension of that wall on the lot upon which that dwelling is
located if an abutting interior side yard is not provided on the other lot
• to permit a second-storey uncovered balcony to project a maximum of 1.8 metres
into the required rear yard; whereas the 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 rear yard
The applicant requests approval of these variances in order to permit a second-storey
uncovered balcony in the rear yard.
Recommendation
The City Development Department considers the minimum side yard widths of 0.6 of a
metre and a maximum projection of 1.8 metres into the required rear yard for a
second-storey uncovered balcony 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 second-storey uncovered balcony,
as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
April 21, 2017, or this decision shall become null and void.
Report PICA 35/15 April 22, 2015
Comment
Official Plan and Zoning By-law
Pickering Official Plan-"Urban Residential -Medium Density Areas" within the
Highbush Neighbourhood
Page 2
Zoning By-law 3036, as amended by By-law 4645/95-"RMM"-Multi-Unit Residential
Zone
Appropriateness of the Application
Side Yard Width and Uncovered Steps and Porches Projecting into the required Rear
Yard Variances
• the intent of requiring interior side yard setbacks and maximum projections into
the required rear yard for any additions or decks in the rear of townhouses is to
ensure that any additions/structures can be appropriately maintained without
having to encroach onto abutting properties, to minimize any adverse impact on
adjacent neighbours such as privacy and to ensure that an adequate outdoor
amenity area is provided within the rear yard
• the by-law requires any structure that projects from a townhouse unit (which has
a side yard setback of 0.0 metres) maintains a minimum side yard setback of
1.2 metres
• the applicant is requesting to reduce the minimum required side yard width from
1.2 metres to 0.6 of a metre and to permit a maximum rear yard projection of
1.8 metres to accommodate the proposed second-storey uncovered balcony
• the proposed second-storey uncovered balcony has a width of 4.2 metres and a
length of 1.8 metres
• the proposed 0.6 of a metre side yard setback to the uncovered balcony in the
rear yard could be maintained without encroaching onto abutting properties
• adverse impacts on adjacent neighbours will be minimized with the 0.6 of a metre
side yard setback
• there will be minimal adverse impacts on adjacent neighbours due to the
projection of the second-storey balcony into the rear yard as the subject property
abuts the Altona Forest to the rear
• an adequate buffer space between the proposed uncovered balcony and the rear
lot line as well as from abutting property owners will be maintained
• the proposed development will provide for additional outdoor amenity area and
maintains an adequate soft landscaped area for the townhouse unit
• the requested variances are minor in nature, desirable for the appropriate
development of the land and maintains the intent of the Pickering Official Plan
and zoning by-law
27
Report PICA 35/15 April 22, 2015
Page 3
Date of report: April16, 2015
Comments prepared by:
~~ rwl. rrlitdki11\_
.> Ashley Yearwood, MCIP, RPP
, Planner II
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
AY:MM:Id
J:\Documents\Development\0-3700\2015\PCA 35-15\Report\PCA 35-15.doc
Enclosures
28
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City Development
Department
Location Map
FILE No: P/CA 35/15
APPLICANT: W. Weick
SUBJECT PROPERTY
PROPERTY DESCRIPTION:Pian 40M-1827 Blk 18, 40R-27385 Parts 10,24
(361 Chickadee Court Unit 1 0)
Data Sources:
Teranet Enterpr'"ises Inc. and its supplii!ii'"S. All F'"i9hts Reserved. Not a plan of survey. 2013 MPAC and Its suppliers. All rights Reserved. Not a plan of Survey.
DATE: Mar. 31, 2015
SCALE 1:5,000 PN-10
IUl
To permit a second storey
uncovered balcony to project a
maximum of 1.8 metres into the
required rear yard
~ PJJiT II
29
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COMMON ELEMENT AREA
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PNIT 1 PJ.JU 2
City Development
Department
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Submitted Plan
FILE No: P/CA 35/15
APPLICANT: W. Weick
U.i1 i
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To permit minimum sid
yard widths of 0.6 of a
metre
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o..IIMIUt.ll tJ.
PROPERTY DESCRIPTION: Plan 40M-1827 Blk 18, 40R-27385 Parts 10, 24
(361 Chickadee Court Unit 1 0)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Apr. 1, 2015
30
City Development
Department
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Submitted Plan
FILE No: P/CA 35/15
APPLICANT: W. Weick
I'
PROPERTY DESCRIPTION: Plan 40M-1827 Blk 18, 40R-27385 Parts 10, 24
(361 Chickadee Court Unit 1 0)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Apr. 1, 2015
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 36115
Meeting Date: April 22, 2015
Principal Planner-Development Review
Committee of Adjustment Application PICA 36115
K. Moody
1682 Heathside Crescent
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended:
• to permit an covered unenclosed deck to project a maximum of 2.6 metres into the
required rear yard; whereas 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
• to permit a minimum vehicular entrance of 4.5 metres from the front lot line;
whereas the by-law requires a minimum vehicular entrance of 6.0 metres from the
front lot line
• to permit a maximum lot coverage of 48 percent; whereas the by-law permits a
maximum lot coverage of 38 percent
The applicant requests approval of these variances in order to obtain a building permit to
construct a single storey detached dwelling with a covered unenclosed deck in the rear
yard.
Recommendation
The City Development Department considers a covered unenclosed deck projecting a
maximum of 2.6 metres into the required rear yard, a minimum vehicular entrance of
4.5 metres from the front lot line, and a maximum lot coverage of 48 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 dwelling, with a maximum lot
coverage of 43 percent, and covered unenclosed deck, with a maximum lot
coverage of 5 percent, for a total maximum lot coverage of 48 percent, as generally
sited and outlined on the applicant's submitted plans dated March 27, 2015.
2. That the applicant obtain a building permit for the proposed construction by
April 21, 2017, or this decision shall become null and void.
31
3~
Report PICA 36/15 April 22, 2015
Page 2
. Comment
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject lands as 'Urban Residential -Low
Density' within the Liverpool Neighbourhood.
The subject property is currently zoned "S2" -Single Residential Zone within Zoning
By-law 3036, as amended.
Appropriateness of the Application
Covered Unenclosed Deck Projecting into the Required Rear Yard and Lot Coverage
Variances
• the intent of these provisions is to maintain an appropriate size, scale and
massing of dwellings and to ensure that an adequate amount of outdoor amenity
area remains uncovered by buildings and structures on a lot
• the by-law also requires appropriate building setbacks to minimize any adverse
impact on adjacent neighbours such as privacy, and to allow for appropriate
access for maintenance, lot grading and drainage
• the by-law permits uncovered steps and platforms not exceeding 1.0 metre in
height above grade to project a maximum of 1.5 metres into the required rear
yard and permits a maximum lot coverage of 38 percent
• the proposed dwelling, including the front covered unenclosed porch, is
approximately 305 square metres in size and the proposed covered unenclosed
deck is approximated 33 square metres in size
• the proposed dwelling has a lot coverage of 43 percent and the proposed
covered unenclosed deck in the rear yard has a lot coverage of 5 percent
• the applicant is requesting to increase the maximum lot coverage from 38 percent
to 48 percent for a proposed single storey dwelling
• an appropriate outdoor amenity area uncovered by buildings and structures will
be maintained in the rear yard of the property, as the proposed dwelling is
setback 10.0 metres from the rear lot line
• an appropriate setback between the covered unenclosed deck and the property
lines will be maintained to provide for privacy from adjacent properties to allow
access for maintenance, and ensure proper lot grading and drainage on the
subject property
• the increase in lot coverage and projection of the covered unenclosed deck in the
rear yard will not have any adverse impacts of the abutting property owners or
the existing lotting pattern style and character of the neighbourhood
• the requested variances are minor in nature, desirable for the appropriate
development of the lands and maintains the intent of the zoning by-law and
Official Plan
Report PICA 36/15 April 22, 2015
Page 3
Minimum Vehicular Entrance Distance from Front Lot Line Variance
• the intent of requiring a minimum vehicular entrance of 6.0 metres is to ensure an
adequate distance between the garage door and the front lot line is provided for
a usable parking area on a driveway
• the by-law requires a minimum of one private garage per lot attached to a main
building, any vehicular entrance to which shall be located not less than 6.0 metres
from the front lot line
• the requested variance is seeking a reduction in the minimum vehicular entrance
distance to 4.5 metres, which is the distance between the front wall of the garage
and the front lot line
• due to the proposed layout of the dwelling the vehicular entrance is interpreted to
be 4.5 metres, however the vehicular entrance to the property faces the south
side lot line and not the front lot line
• the proposed vehicular entrance continues past the 4.5 metre setback to the front
wall of the garage, therefore providing the minimum setback for a usable parking
space on a driveway
• the subject property provides the minimum number of required parking spaces
within the proposed garage
• the proposed vehicular entrance provides sufficient additional parking for the
subject property and is in character with the surrounding neighbourhood
• the requested variance is minor in nature, desiraple for the appropriate
development of the lands and maintains the intent of the zoning by-law and
Official Plan
Input From Other Sources
Engineering & Public Works • no objection to the proposed variances
Department
Date of report: April 16, 2015
Comments prepared by:
Amy Emm, MCIP, RPP
Planner II
AE:MM:Id
J:\Documents\Oevelopment\0~3700\2015\PCA 36·15\Report\PCA 36·15.doc
Enclosures
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
31
34
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Location Map
I I FILE No: P/CA 36/iS
APPLICANT: K. Moody
WILLIAM
DUNBAR
PUBLIC
SCHOOL
~ ~ PROPERTY DESCRIPTION: Plan 1051, RCP Pt Lt 4, 40R-137 46, Part 1
City Development
Department {1682 Heathside Crescent)
Data Sources:
Teronet Enterprises Inc. and Its suppliers. All rights Reserved. Not a plan of survey. 201.3 MPAC and its suppliers. All ri hta Reserved. Not a lon of Surve •
DATE: Mar. 31, 2015
SCALE 1 :5,000 PN-10
To permit a maximum lot
coverage of 48 percent
To permit a minimum
vehicular entrance of 4.5
metres from the front lot
line
I
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I
To permit a covered
deck to project a
maximum of 2.6 metres
into the required rear
yard
36.5m
Submitted Plan
FILE No: P/CA 36/15
APPLICANT: K. Moody
8 . ~ I ~
15
PROPERTY DESCRIPTION: Plan 1051, RCP Pt Lt 4, 40R-13746, Part 1
City Development
Department (1682 Heathside Crescent)
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FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Apr. 2, 2015