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HomeMy WebLinkAboutJune 3, 2015Committee of Adjustment Agenda Meeting Number: 8 Date: Wednesday, June 3, 2015 (I) (II) (Ill) (IV) Adoption of Agenda Adoption of Minutes from May 13, 2015 Reports Committee of Adjustment Agenda Wednesday, June 3, 2015 7:00pm Main Committee Room Page Number 1-14 1. (Deferred at the May 13, 2015 meeting) 15-19 PICA 45115 Golfour Property Services Inc. 1 050 Brock Road 2. PICA 37115 20-26 T. Gauthier 3117 Gladstone Street 3. PICA 71115 27-32 M. & S. Canu 3545 Sideline 34 4. PICA 72115 33-38 A. & D. Paterson 528 Park Crescent 5. PICA 73115 39-44 816 Kingston Road (Pickering) Limited 820 Kingston Road 6. PICA 74115 45-51 J. Tontegode & M. Gibb 3230 Salem Road 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 Eric Newton Denise Rundle Sean Wiley Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 01 7:00pm Main Committee Room That the agenda for the Wednesday, May 13, 2015 meeting be adopted. (II) Adoption of Minutes Moved by Sean Wiley Seconded by Eric Newton Carried Unanimously That the minutes of the 6th meeting of the Committee of Adjustment held Wednesday, April 22, 2015 be adopted. Carried Unanimously Page 1 of 14 (Ill) 1. Reports (Deferred from the April 22, 2015 meeting) PICA 91/14 Norris Holdings Limited 1705 Wellington Street Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 6640/06: • 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. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Additional written comments were received from Dawna & Steve Dearing of 4864 Victoria Street indicating they do not object to the application and are in support of a home being built on the property, however they object to a commercial business being run out the current property. Additional written comments were received from Cameron Paulikot representing Adam McKay and Nathalie Sabourin resubmitting their objections to the application. Page 2 of 14 Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 0 3 7:00pm Main Committee Room Todd Norris, owner, was present to represent the application. Brian Welsh of 1762 Joseph Street was present in favour of the application. Shelagh Mulveney of 4951 Brock Road, Adam McKay of 4959 Brock Road and Steve Dearing were present with concerns related to the application. Shelagh Mulveney wanted to ensure that the current septic system complied with requirements. She also expressed concerns with the current home-based business complying with the current City by-laws. Steve Dearing stated that he had no opposition to the variances being requested and making the property habitable, however he stated opposition to the home-based business being run out of the property. Adam McKay stated he is opposed to the industrial use continuing on the subject property. He stated that he and the applicant had reached an agreement with regards to the water issue being raised at the previous Committee of Adjustment meeting related to the shared well on Mr. McKay's property. He expressed a concern that if the property was sold he did not want a commercial business moving into the property. He also expressed a concern related to privacy and requested a fence be erected between his property and the applicant's property. In response from questions from Committee Members, Todd Norris indicated the large waste bin has been removed from the property and he will use the regular curb garbage pick up. He also agreed to extend the fence between the subject property and A. McKay's property to match the existing fence along the western property line. He also stated that he will comply with the home-based business provisions of the City's by-laws. The Secretary-Treasurer outlined the home-based business provisions in the current zoning by-law to provide information for clarification to the concerned residents. Moved by Tom Copeland Seconded by Eric Newton That application PICA 91/14 by Norris Holdings Limited, be Approved on the grounds that the 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 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 3 of 14 Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 7:00pm Main Committee Room 1. That this approval only apply to the requested variances as outlined on the applicant's submitted plans. 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. 4. That the applicant constructs a fence along the west lot line extending from the existing fence in the rear of the property. 2. P/CA41/15 N. Barbosa 889 Douglas Avenue Carried Unanimously The applicant requests relief from the following provisions of Zoning By-law 2520: • to permit a minimum front yard depth of 6.6 metres; whereas the by-law requires a minimum front yard depth of 7.5 metres • to permit a minimum flankage yard width of 4.4 metres; whereas the by-law requires a minimum flankage yard width of 4.5 metres • to permit a minimum rear yard depth of 4.4 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a covered porch to project a maximum of 0.3 of a metre into the required front 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 front yard • to permit a maximum lot coverage of 35 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 an addition with a covered front porch and an uncovered rear deck to an existing one-storey detached dwelling. Page 4 of 14 Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 U5 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 also received from the City's Engineering & Public Works Department expressing no concerns. Nuno Barbosa, owner, Diana Balanyuk, agent, were present to represent the application. Mr. & Mrs. Knell of 879 Chapleau Drive were present to obtain additional information and clarification on the application. Mrs. Knell expressed a concern with the loss of natural light to her property, questioned the expected timing of construction and indicated there is a gas line that runs across the properties. In response to a question from a Committee Member, Nuno Barbosa stated the gas line will not be disturbed during construction and hopes to have construction done by late fall 2015. The Secretary-Treasurer also indicated that the height of the proposed dwelling complies with the zoning by-law. Moved by Denise Rundle Seconded by Eric Newton That application PICA 41/15 by N. Barbosa, be Approved on the grounds that the minimum front yard depth of 6.6 metres, a minimum flankage yard width of 4.4 metres, a minimum rear yard depth of 4.4 metres, a covered porch to project a maximum of 0.3 of a metre into the required front yard and a maximum lot coverage of 35 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 addition to the existing dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant relocates the existing fence partially situated within the Chapleau Avenue municipal right-of-way on or within the subject property's flankage lot line. 3. That the applicant obtain a building permit for the proposed construction by May 12, 2017, or this decision shall become null and void. Carried Unanimously Page 5 of 14 Committee of Adjustment Meeting Minutes f" G Wednesday, May 13, 2015 3. PICA 42115 E. Gallo & M. Molinaro 1987 Guild Road 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended, to recognize a minimum north side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of this variance in order to recognize a detached dwelling under construction. 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 City's Building Services Section indicating that a revised building permit application is required showing appropriate spatial separation in compliance with the Ontario Building Code. Cesare Gallo, 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 Tom Copeland That application PICA 42115 by E. Gallo & M. Molinaro, be Approved on the grounds that the minimum north side yard width of 1.5 metres where a garage is erected as part of a detached dwelling 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, subject to the following conditions: 1. That this variance applies only to the existing detached dwelling under construction, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant shall submit, as a part of a revised building permit application, spatial separation calculations for the revised building location demonstrating compliance with the Ontario Building Code and obtain a revised building permit by May 12, 2016 or this decision shall become null and void. Carried Unanimously Page 6 of 14 4. PICA 43115 G. Avramopoulos 1244A Bayview Street Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 U 7 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 2511, as amended by By-law 4139192 to permit a minimum rear yard setback of 6.1 metres, whereas the by- law requires a minimum rear yard setback of 7.5 metres, and to permit a maximum lot coverage of 46 percent, whereas the by-law permits a maximum lot coverage of 45 percent. The applicant requests approval of these variances in order to obtain a building permit for an addition to an existing one-storey 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 expressing no concerns. George Avramopoulos, 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 Sean Wiley That application PICA 43115 by G. Avramopoulos, be Approved on the grounds that the minimum rear yard setback of 6.1 metres and a maximum lot coverage of 46 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 addition to the existing dwelling as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by May 12, 2017, or this decision shall become null and void. Carried Unanimously Page 7 of 14 Committee of Adjustment Meeting Minutes P8 Wednesday, May 13, 2015 5. PICA 45115 Golfour Property Services Inc. 1 050 Brock Road 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 2511, as amended by By-laws 2760188, 6704106 to permit one or more restaurants (Type A) not exceeding an aggregate gross leasable floor area of 750 square metres, whereas the by-law permits no more than one restaurant (Type A) not exceeding an aggregate gross leasable floor area of 625 square metres be established on the subject property. The applicant requests approval of this variance in order to permit the expansion of an existing restaurant within an existing building on the subject property. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending deferral of the application. Vishnu Sookar, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Denise Rundle Seconded by Eric Newton That application PICA 45115 by Golfour Property Services Inc., be Deferred to allow the owner to revise the application to increase the maximum aggregate gross leasable floor area for all restaurant (Type A) establishments on the subject property. 6. PICA 46115 & PICA 47115 S. Baldey 1956 Fairport Road PICA 46/15 (Proposed Retained Parcel) Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended to permit a minimum lot frontage of 14.4 metres, a minimum side yard width of 1.2 metres, and a maximum lot coverage of 38 percent, whereas the by-law requires a minimum lot frontage of 15.0 metres, a minimum side yard width of 1.5 metres, and a maximum lot coverage of 33 percent. Page 8 of 14 PICA 47/15 (Proposed Severed Parcel) Committee of Adjustment Meeting Minutes n 9 Wednesday, May 13, 2015 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended to permit a minimum lot frontage of 14.4 metres, a minimum side yard width of 1.2 metres, and a maximum lot coverage of 38 percent, whereas the by-law requires a minimum lot frontage of 15.0 metres, a minimum side yard width of 1.5 metres, and a maximum lot coverage of 33 percent. The applicant requests approval of these two minor variance applications in order to create one additional lot through the Region of Durham Land Division Committee and to permit a detached dwelling on the proposed retained and severed parcels. 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. Grant Morris, agent, was present to represent the applications. Xaine Bhatia of 1960 Fairport Road, Debbie Wright of 857 Taplin Drive, Kenneth Peter Arndt of 1954 Fairport Road, Tom Wilson of 1966 Fairport Road and Glen Davis of 861 Taplin Drive were present in objection to the applications. Grant Morris indicated he agrees with staff recommendations for the applications and stated the variances are minor in nature and meet all four tests of the Planning Act. Xaine Bhatia spoke to comments that were previously received expressing concerns with the removal of trees, loss of privacy, increased noise and density, proposed development will change the character of the established neighbourhood, lot sizes should be made larger to comply and the requested variances are not minor in nature. Xaine Bhatia also stated that the requested variances to reduce the side yard setbacks and increase lot coverage are not minor in nature. Debbie Wright expressed a concern there will be a large subdivision being developed. She also stated she has been approached by the owner of the subject property to sever part of her rear yard. Kenneth Peter Arndt expressed several concerns with the change in lot frontage. He is concerned that the existing elevation of the property could potentially create grading and drainage issues. He is also concerned that the approval of the variances would decrease property values within the surrounding area and stated there is enough land to comply with the current by-law. He also stated he would like to the Committee to defer the application until the new owners of the property take possession of the property at the end of May. Page 9 of 14 ··. n "-\J Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 7:00pm Main Committee Room Tom Wilson spoke to comments that were previously submitted to the City expressing concern that the proposed dwellings are too large and lot sizes should be made larger to comply. He is concerned that the approval would create a precedent for future development in the surrounding neighbourhood and the removal of trees and the proposed development will change the character of the established neighbourhood. He stated that approval of the variances would undermine the by-laws currently in place. Grant Morris stated that his client has spoken with neighbours and that the proposed lots now comply with the minimum lot area as stated in the zoning by-law. The Secretary-Treasurer stated that following the circulation of the notice, the applicant revised the application to increase the lot frontage for the proposed lots from 14.2 metres to 14.4 metres. The increase in lot frontage also resulted in increasing the lot area for the proposed lots to comply with the requirements of the Zoning By-law, and therefore the variance to reduce the proposed lot areas was removed from the application. Moved by Sean Wiley Seconded by Eric Newton That application PICA 46115 by S. Baldey, be Approved on the grounds that the minimum lot frontage of 14.4 metres, a minimum side yard width of 1.2 metres, and a maximum lot coverage of 38 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 lot configuration for the proposed retained parcel and future detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance (coordinated with PICA 47115) by May 13, 2016, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction on the proposed retained parcel by May 12, 2017, or this decision shall become null and void. Carried Unanimously Page 10 of 14 Moved by Sean Wiley Seconded by Eric Newton Committee of Adjustment Meeting Minutes 11 Wednesday, May 13, 2015 7:00pm Main Committee Room That application PICA 47115 by S. Baldey, be Approved on the grounds that the minimum lot frontage of 14.4 metres, a minimum side yard width of 1.2 metres, and a maximum lot coverage of 38 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 lot configuration for the proposed severed parcel and future detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance (coordinated with PICA 46115) by May 13, 2016, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction on the proposed severed parcel by May 12, 2017, or this decision shall become null and void. Carried Unanimously 7. PICA 48115 Hunley Homes et al Block 100 on Draft Plan of Subdivision SP-2008-06 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. Billy Tung, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 11 of 14 Moved by Tom Copeland Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 7:00pm Main Committee Room That application PICA 48115 by Hunley Homes et al, 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 applicant obtains Site Plan Approval for the proposed temporary sales facility by May 13,2016 or this decision shall become null and void. 3. That the decision of the Committee shall be null and void after May 13, 2025. Carried Unanimously 8. PICA 49115 to PICA 70115 Zavala Developments Blocks 219-221 and Lot 173-176, 212 and 213 on Draft Approved Plan of Subdivision SP-2008-05 Blocks 219-221 (PICA 49115 to PICA 57115) The applicant requests relief from Zoning By-law 7364114 (Seaton Zoning By-law): • to permit detached dwellings in a "Mixed Corridor Type 1 (MC1)" Zone; whereas, the by-law does not permit detached dwellings within the "Mixed Corridor Type 1 (MC1)" Zone, and Lots 173 -176, 212 and 213 (PICA 58115 to PICA 70115) • 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 Blocks 219 -221 and street townhouse dwellings on Lots 173-176, 212 and 213 in order to locate future model homes near a proposed temporary sales facility while relocating the townhouse dwelling units to balance the land use exchange. Page 12 of 14 Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 1. 3 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 also received from Toronto and Region Conservation Authority (TRCA) indicating no objections. The TRCA stated that changes in the development form will be reviewed as part of the detailed subdivision design at a later date. Billy Tung, 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 applications PICA 49115 to PICA 57115 by Zavala Developments, be Approved on the grounds that these applications 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 Blocks 219-221 on Draft Approved Plan of Subdivision SP-2008-05, 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. 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 Sean Wiley Carried Unanimously That applications PICA 58115 to PICA 70115 by Zavala Developments, be Approved on the grounds that these applications 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 13 of 14 1.4 Committee of Adjustment Meeting Minutes Wednesday, May 13, 2015 7:00pm Main Committee Room 1. That these variances apply only to Lots 173-176, 212 and 213 on Draft Approved Plan of Subdivision SP-2008-05, as generally sited and outlined on the applicant's submitted plans. 2. That the proposed street townhouse dwellings be constructed in accordance with Zoning By-law 7364/14 "Mixed Corridor Type 1 (MC1)" Zone performance standards. Carried Unanimously (IV) Adjournment Date Chair Moved by Eric Newton Seconded by Sean Wiley That the 7th meeting of the 2015 Committee of Adjustment be adjourned at 8:14pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 3, 2015. Carried Unanimously Assistant Secretary-Treasurer Page 14 of 14 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 45115 Meeting Date: June 3, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 45115 Golfour Property Services Inc. 1 050 Brock Road The applicant requests relief from Zoning By-law 2511, as amended by By-laws 2760188, and 6704106 to permit two restaurants (Type A) not exceeding an aggregate gross leasable floor area of 800 square metres within an existing building on the subject property, whereas the by-law permits no more than one restaurant (Type A) not exceeding an aggregate gross leasable floor area of 625 square metres be established on the subject property. The applicant requests approval of this variance in order to permit the expansion of an existing restaurant within an existing building on the subject property. Recommendation The City Development Department considers two restaurants (Type A) not exceeding an aggregate gross leasable floor area of 800 square metres within an existing building to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this· variance applies only to the existing building and proposed restaurant (Type A) locations as generally sited and outlined on the applicant's submitted plans. 2. That the previous Minor Variance application (PICA 22192), approved by the Committee of Adjustment on May 29, 1992 affecting the subject property, permitting one or more restaurants not exceeding a maximum floor area of 625 square metres be repealed. 3. That the applicant obtain a building permit for the proposed construction by June 2, 2017, or this decision shall become null and void. 15 16 Report PICA 45115 June 3, 2015 Page 2 Background Following the circulation of the notice of public hearing, the applicant advised City staff that the gross leasable floor area (GLFA) being requested was 800 square metres not 750 square metres. The notice had to be revised and recirculated in order to accurately include the proposed expansion of the Island Mix Restaurant & Lounge into the north adjacent unit (Unit 16). As a result, the Committee of Adjustment deferred the Minor Variance Application at the request of the City Development Department in order to allow the applicant to increase the maximum aggregate GLFA from 750 to 800 square metres. On May 29, 1992, the Committee of Adjustment approved Minor Variance Application PICA 22192, which permitted one or more restaurants, not exceeding a total maximum gross floor area of 625 square metres in the existing building on the site. This previous Minor Variance Application permitted the establishment of two restaurants (Type A) within the existing building. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Employment Areas - Mixed Employment" within the Brock Industrial Neighbourhood. Permissible uses under this designation include, but are not limited to: light manufacturing, research and development facilities, offices and restaurants serving the area. The subject property is zoned "MC-7"-Special Industrial-Commercial Zone under Restricted Area Zoning By-law 2511, as amended by By-laws 2760188 and 6704106. Appropriateness of the Application Increase the Maximum Aggregate Gross Leasable Floor Area and the number of Restaurant-Type A establishments • the intent of restricting the maximum aggregate gross leasable floor area for all Restaurant-Type A uses is to ensure the primary use of the property is maintained for industrial and commercial-related uses and that restaurants do not become the dominant use of the property • the zoning by-law states that no more than one Restaurant-Type A shall be established and shall not exceed a gross leasable floor area of 625 square metres • the zoning by-law defines a Restaurant-Type A as a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises Report PICA 45/15 June 3, 2015 Page 3 • the applicant is proposing a 215 square metre expansion to the Island Mix Restaurant and Lounge to accommodate an area devoted to food preparation and storage within an abutting unit (Unit 16) • two Restaurant-Type A uses currently exist on the subject property (Country Style Donuts-Unit 8 and Island Mix Restaurant and Lounge-Units 14A, 15 and 15A) • the primary use of the subject lands remains industrial and commercial-related uses • no new restaurant establishments are being proposed on the subject property • adequate parking will be maintained on the subject property • staff is of the opinion that the variance to permit an expansion to an existing Restaurant-Type A on the subject lands is minor in nature, is desirable for the appropriate development of the property and maintains the purpose and intent of the Official Plan and Zoning By-law Date of report: May 26, 2015 Comments prepared by: ffl/ ( rwftUcYt'"'- Melissa Markham, MCIP, RPP Principal Planner-Development Review AY:MM:Id J:\Documents\Development\0-3700\2015\PCA 45-15\Report\PCA 45-15.doc Enclosures li 18 ~ P\lllJ~ I 0 0:::: / !1//':'i/0 I 'IIIIi' 18' t--[JJ ~ 0 >--~ ::r:: VILLAGE ~~ EAST ~,-o' PARK 'J 'tJ ,.:·{ V-~ .~ v- I ,......., 0 <( 0 w no: :::) z ~ w I > <¢-a <( 0::: 0 0 cxxxxxxxxx -SUBJElfy 0::: 0::: PROPER 0 '')(')(')(')(')(')(')(')(')(~ (.) PLUMMER STREET QUARTZ ST. ::<: 0 0 0 0:::: no: 0 ::<: CD >--' 0 >--<( (/) f-::r:: l F!REHALL_ ~ I No. 5 " '--f---- BAYLY STREET -, \ \ 1' \ I Cko~ Location Map FILE No: PICA 45/15 APPLICANT: Golfour Property Services Inc. ~ PROPERTY DESCRIPTION:Con 1 S Pt Lot 19 (Save and Except City Development 40R-27678 Part 1) (1 050 Brock Road) DATE: Apr. 20, 2015 Department ata Sourc-: SCALE 1:5,000 fN-4 ~· Teranet Enterprlaea ln:.~ ... and Ita *':f~lle~. All r'ighta Re••r:ed-Not a ~,:n of aurvey. 201.3 UPAC and Ita au liera. All ri ht. Re-rved. Not a ton of Surva . To permit two restaurants (Type A) not exceeding an aggregate gross leasable floor area of 800 square metres within an existing building on the subject property UNIT 1 -.UNIT 2 '::r-c . UNIT 23 . · .. 1:r:t~:-~":"~~~""~'!"'~~ :.{ .. UNIT22 UNIT 20 & 21 '<~h:>~:UNIT_ 1~ .':.<J ~~.-:-:~~'!"~---· . :.-~"UNIT 18 : <J ~·;..::....;;:.~~-~~~ .. !".l.. ' .-il,JNIT 1 PLUMMER STREET Submitted Plan FILE No: P/CA 45/15 APPLICANT: Golfour Property Services Inc. 0 <( 0 a: ~ () 0 a: co 9 PROPERTY DESCRIPTION: Con 1 S Pt Lot 19 (Save and Except City Development Department 40R-27678 Part 1) (1 050 Brock Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Apr. 24, 2015 20 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 37115 Meeting Date: June 3, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 37115 T. Gauthier 3117 Gladstone Street The applicant requests relief from Zoning By-law 3037, as amended by By-law 2677188 to permit: • an existing front yard setback of 1.0 metre, whereas the by-law requires a minimum front yard setback of 9.0 metres • an existing covered porch and uncovered steps projecting to the front lot line; 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 front yard • an existing lot frontage of 25.0 metres, whereas the by-law requires a minimum lot frontage of 30.0 metres • an existing lot area of 1,016 square metres; whereas the by-law requires a minimum lot area of 3,000 square metres, and • an existing accessory building (detached garage) to be partially located in the south side yard, whereas the by-law requires all accessory buildings, which are not part of the main building, to be erected in the rear yard The applicant has submitted a building permit for an addition to an existing detached dwelling. As a result of the proposed addition, the existing garage will be partially located in the south side yard, and no longer completely within the rear yard, which is not permitted under the current zoning by-law. The applicant is requesting approval of this minor variance application in order to allow an addition to an existing dwelling and to permit an existing accessory building to be partially located in the south side yard. Recommendation The City Development Department considers an existing front yard setback of 1.0 metre, an existing covered porch and uncovered steps projecting to the front lot line, an existing lot frontage of 25.0 metres, an existing lot area of 1,016 square metres and an existing accessory building (detached garage) to be partially located in the south side yard to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: Report PICA 37/15 June 3, 2015 Page 2 1. That these variances apply only to the dwelling, proposed addition and detached garage, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed addition by June 3, 2017, or this decision shall become null and void. Background The subject property is located within the Whitevale Heritage Conservation District and is protected under Part V of the Ontario Heritage Act. The property is identified as a heritage building and is listed on the Whitevale Heritage District Guide's Heritage Building Inventory. A heritage permit is required if any changes are made to the existing heritage building. The Whitevale Heritage Conservation District Plan guidelines state that garages and other new accessory buildings should be located in the rear of the property. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as 'Rural Settlements -Rural Hamlet' within the Whitevale Settlement Area. The subject property is currently zoned "HMR3" -Hamlet Residential Zone within Zoning By-law 3037, as amended. Appropriateness of the Application Front Yard Depth, Lot Frontage and Lot Area Variance • the general intent of performance standards in a zoning by-law is to ensure that buildings maintain an appropriate height, massing and setbacks that compliment the character of the surrounding neighbourhood • the existing building on the subject lands was constructed in 1847 and an addition was added in 1852 • the existing building contains historical attributes in its current location that is in keeping with the hamlet's historical character • the requested variances are appropriate and maintain the intent and purpose of the Official Plan and the Zoning By-law Accessory Structure in Side Yard Variance • the intent of requiring accessory buildings in the rear yard is to minimize their visual impact on the streetscape, and to ensure that they act as an accessory structure to the principal use of the property • the detached garage is currently located in the rear yard of the property, however due to a proposed addition to the existing dwelling, the accessory building will be located in the side yard 21 Report PICA 37/15 June 3, 2015 Page 3 • the location of the existing detached garage does not compromise architectural features of the dwelling and is of a scale and location which is compatible with the prevailing character of the streetscape and district • the existing detached garage appears to have no adverse impact on the surrounding neighbours or character of the neighbourhood • the requested variance is minor in nature, desirable for the appropriate development of the land and maintains the intent and purpose of the Official Plan and the Zoning By-law Input From Other Sources Engineering & Public Works Department • no objection to the proposal Heritage Pickering Date of report: May 27, 2015 Comments prepared by: Amy Emm, MCIP, RPP Planner II AE:MM:Id J;\Documents\Development\0·3700\2015\PCA 37 ·15\Report\PCA 37 -15.doc Enclosures • no objection to the requested variances Melissa Markham, MCIP, RPP Principal Planner-Development Review 23 v v ( ~VALE \ 0 <( 0 0::: \ I 1-0::: ~ 0 "" z \ \ I ~ J I \:ttta~ ST tEE[ f...-,. WH/TEVALE v 1 UN/TED CHURCH I j J WHITEY ALE ROAD u I t-= (/) I\ ~ J~ ~BtJ F~J t--,._... WH!TEVALE 0 r OMMUNITI I () I CENTRE ll<( ...... & PARK 0 <( ,.---0 0::: J CD ~ :::) [ u... _J 0 0 ~ ·~ 1' ea.~~ Location Map FILE No: PICA 37/15 APPLICANT: T. Gauthier ~b PROPERTY DESCRIPTION: Plan 21, South Part of Lot 46, 47 City Development {3117 Gladstone Street) DATE: Mar. 31, 2015 Department ~ata Souro..: SCALE 1 :5,000 fN-ru Teranet. EnterJ~rt•-Inc. and Ita a':fcpllera. All rtghta R-rved. Not a plan of aurvey. 2013 ~PAC and IW auppll•ra. All hta R-rved. Not a olan of SurVey. 24 To recognize an existing covered porch and uncovered steps· projecting to the front lot line ~----------10. 7m--------......., / r-4.7~ ! I I I ! ! I • 1 I l l i '', ~ EXISTING~\;~~f,.------------r-----zg.4m .--/PORCH r-..,'\"-'\'\~ PROPOSED To recognize an existing lot area of 1,016 square metres I I --------------10 - 1-w w 0:: l-en ¥ ~~·:\,~\ ADDITION ~..o,..ll,.~.lf.---• U--------~ --f---r--·---------E ~ EXISTING --------~--! w z 0 l-en 0 ::5 CJ ~ 1 DWELLING N l ~ ~ 1~0m-w=~=M- '\ \ \ DETACHEDE GARAGE ~1-c-7.9m~~ \ To recognize an existing front yard setback of 1 . 0 metre To recognize an existing lot frontage of 25.0 metres Submitted Plan FILE No: P/CA 37/15 APPLICANT: T. Gauthier 26.3m ~-------.... To permit an existing accessory building (detached garage) to be partially located in the south side yard PROPERTY DESCRIPTION: Plan 21, South Part of Lot 46, 47 City Development Department (3117 Gladstone Street) E 0 LO N ---· FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Apr. 2, 2015 WEST (FRONT) ELEVATION -New roof to match Historical reference 6/12 pitch lko Marathon 25 driftwood --Existing Chimney ! Horizontal wood siding to _c::;:::;:l=============================;=t--.-Finish height match historical reference '* secood leW!! ~ 1/2 reveal , Rough CUt Pine Historical Grey ' ,--·-·········-··-······-•••••. __ L_ ___________ ~---,---::W-ma_:,m_hl--~---1 re-l'erena!------~=-thon-2_5 _______ ------r·--------- ,_ Existing Stone Foundation 12" Existing stone Foundatioo 12" Finish height <X first level _, _!_ _____ , -,--Grade 3' ·-New wood pillm to match h~lcal reference EAST (REAR) ELEVATION New wall to repair ~-, eJdst1ng roofllne Existing windows ID be repoced-enef11'1 etfldent wood trim windows .---p~,-----------------------~---------,--Shedstylerooftnmatdl ,,... New roof to matth ____ // , -,, I historical reference ; historical reference /~~;, ...... ---"--..._ ''-......_ I IKOMIII'O!hon25 / / .-;:;:. <:::.:::::-. I Newenefllyellicient driftwood /~ to match historical referenCe-..:'-....,~, . , / wood trim Windows --~r If/ ~'1--t-~_ 12"0'mtolng --i ~--~-L~---~~~1 d I [lJLJ riD -~ ---1 1--------1-----' ----ElllstO!gbulldlng --- Horizontal wood siding to match historical ·-"""' 4 1/2 reveal, rough rut pine historical grey ' •• f----------------------.... ········································--·····-t i ' .i I New poured concrete foundation ' e~ To be attlched to existing poured foundation with driHed holes and re-bar set In epoxy Existing poured concrete --+ 1 Founc!otlonlO" I I -Newroot!ng L---r__-_-_ -----------=====-=---=--==::::·::::··::::·::_·-::::::::::":r---' 6"x!8" Submitted Plan FILE No: P/CA 37/15 APPLICANT: T. Gauthier PROPERTY DESCRIPTION: Plan 21, South Part of Lot 46, 47 (3117 Gladstone Street) 25 City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT I DATE: Apr. 2, 2015 <')6 ... , NORTH (SIDE) ELEVATION Proposed • • Addl~on New energy ellident 1"-t-:-..... wood trim windows To matdl historical reference WOOd breaker board to run entire vertical ~· length of building ttl distinguish old from new ! ' Horizontal wood siding to match historical 11!ference 4 1/2 reveal, rough cut pine Historical grey ' ; I . -r ... f\ ' , ~ New roof to matdl profile of historical reference IKO Marathon 25 driftwood ---._ El I I ' ' new poured concrete founda~B" --Shed style roof to matth ,-New wall to Repair I!XIstlng Existing poured cooaete Foundation 10' hlstoncal reference roofline ; Existing Building 1 Porch roof to match historical reference ,-New wood columns to match historical reference T Existing stone pillars -Existing ftogstone I L Existing stone porch Foundation 12" New~ngs_j_--2====================:==~====j_o ______ ............................................................................................................. . 6"x18" SOUTH (SIDE) ELEVATION New shed style roof to match hlsto!ical reference Existing windows to be replacedwlthnN~ effiCient wood trim windows -New roof to rnMch existing _,_ Proposed addition I ---+ Hor1ZOI'Itil wood siding to match --Tt" .. 1/2reveal,roughcutplne -~"""""'-' 20' 7 3/4" Existing chimney -· .• _ t----. / l-~~-lm rE.~==- Exlstingstonepillani-I ! -• ; ' 'f t ·.,_ ~ -j, .______:___~--·---·-···.-··-·-------- ExiStlngnaostone"""" -' L---..1..,--------------+-------------j :t-;;1 ~.:_:::_,"'._. ----~ South Elevation Scale: 1":4' City Development Department ....___,_ Existing stone I Foundation 12M Submitted Plan FILE No: PICA 37/15 APPLICANT: T. Gauthier ____ ;_J ;· 1' PROPERTY DESCRIPTION: Plan 21, South Part of Lot 46, 47 (3117 Gladstone Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Apr. 2, 2015 From: Subject: Application Melissa Markham, MCIP, RPP Report to ') 7 Committee of Adjustment .._. Application Number: PICA 71115 Meeting Date: June 3, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 71115 M. & S. Canu 3545 Sideline 34 The applicant requests relief from Zoning By-law 3037, as amended, to permit a minimum side yard setback of 1.5 metres; whereas the by-law requires a minimum side yard setback of 2.4 metres. The applicant requests approval of this minor variance application in order to obtain a building permit for a two-storey addition in the rear and south side yard of an existing detached dwelling. Recommendation The City Development Department considers a minimum south side yard setback of 1.5 metres, to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. Th?t this variance apply only to the proposed addition, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed addition by June 3, 2016, or this decision shall become null and void. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as 'Rural Settlements-Rural Hamlet within the Green River Settlement Area The subject property is currently zoned "HMR1"-Hamlet Residential Zone within Zoning By-law 3037, as amended. 28 Report PICA 71/15 June 3, 2015 Page 2 Appropriateness of the Application Side Yard Width Variance • the intent of the minimum 2.4 metre side yard setback is to recognize the predominately low density, detached dwelling residential character of the Hamlet • the applicant is requesting to reduce the south side yard setback to permit the construction of an addition to the existing dwelling • the proposed addition is located in a manner that does not inhibit the functionality of the internal layout of the existing dwelling or the services provided for on the lot • the proposed 1.5 metre south side yard setback abuts a carport and lean-to on the neighbouring property to the south and provides an adequate separation distance to the main wall of the neighbouring dwelling to the south • the reduced side yard setback will not alter the character of the subject property • the proposed development will have no negative impacts on the low density, detached dwelling residential character of the Hamlet • the requested variance is minor in nature desirable for the appropriate development of the land and maintains the intent of the zoning by-law and the Official Plan Input From Other Sources Engineering & Public Works Date of report: May 27, 2015 Comments prepared by: Amy Emm, MCIP, RPP Planner II AE:MM:Id J:\Oocuments\Development\0-3700\2015\PCA 71-15\Report\PCA 71-15.doc Enclosures • no comments or concerns with the application Melissa Markham, MCIP, RPP Principal Planner-Development Review II ~~ \ ~I <tl 21 \ LLI ~"' GREEN RIVER 01 COMMUNITY CEN AND BAPTIST CHURf: I ~ >-I ,..... ~1'---~I I I I ~ ~ J r ------L..,-l I HIGHWAY ---r---7 I r-----r-- r---GREEl' ~ I I R R ,_ \ n ~UBJECT ~ I ~ROPERTY I I I v I I w z :::::i w 0 I Ui ~I 0::::1 <t: ~I I -0 I ~I -\ I I v ct\ t>--'< 1' I '(\\G0 I ~ Location Map FILE No: PICA 71/15 APPLICANT: M. & S. Canu PROPERTY DESCRIPTION:Con 5 Pt Lot 34, 40R-2630, Part 12 City Development (3545 Sideline 34) DATE: May. 4, 2015 Department Data Soureea: SCALE ~1 :5,000 IPN-RU ~· Teranet Enterprises Inc. and Ita suppliers. All rights Reserved. Not o plan of survey. 2013 MPAC and ita suppliers. All ri9hts Reserved. Not a Dian of Survey. ('JJ 0 60 . 9 m I 1 0 n m f - - - - I .1 5 . 7 m ~ - E ; EX I S T I N G E 11 . 1 m ... . . . r- - TW O ST O R E Y 0 I GA R A G E CD 1 f - - - - J I 20 . 0 m I I I I 29 . 8 m I E E 0'> .. q N Ll ) CD (' I ) EX I S T I N G f-~ . 5 m w "': ' v v O ST z E I I E -.: : t I ~ DW E L L I N G _J I N E E i r- - T" " -.:t: w N r- - E r-- 0 CX ) N N T" " <0 CJ ) E I CX ) N I T" " _g a DP O S E D r- - 25 . 3 m - E E TW O ST O R E Y N r- - AD D I T I O N L9 CD I I I~ I ~ To pe r m i t a mi n i m u m y 60 . 9 m E Ll ) T" " si d e ya r d se t b a c k of 1. 5 m 1' ~- ~ Su b m i t t e d Pl a n FI L E No : P/ C A 71 / 1 5 AP P L I C A N T : M. & S. Ca n u ~ PR O P E R T Y DE S C R I P T I O N : C o n 5 Pt Lo t 34 , 40 R - 2 6 3 0 , Pa r t 12 (3 5 4 5 Si d e l i n e 34 ) Ci t y De v e l o p m e n t De p a r t m e n t FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CI T Y OF PI C K E R I N G I DATE: May 15,2015 CIT Y DE V E L O P M E N T DE P A R T M E N T . -~ - ~ - -- Z ' - - ,~ ~ - - WE S T (F R O N T ) EL E V A T I O N Su b m i t t e d Pl a n FI L E No : P/ C A 71 / 1 5 AP P L I C A N T : M. & S. Ca n u -- - - ~ .. . . . . Ac: d To p d ~ To p o i ' P I I I I e - -- ~= : - "'" " " " ... . _, . . F~r~ Ne w 2n d Flo o r Fin N8w "" - ·& ~ ~ · -- ·- - Flr \ ' 1 \ J a c x ! C C I M I ' I M F11 Mli n f l o c r Fil l Mill i n Flo « ! r- - - - - ~ - - - ~ --, 1[1 I 11]1 ~ll~l~ II I ~"~ ~-- ~ 13 ~F ~ I 01 =mr ~ _ _ ,/ _ _ _ _ - - - - - , 1 - - - - 1 -- Can ~ f ' C I J < I , . . . . , ;:. ~ 'f" Q I Q i k l p R l ~ ~ Fif l Be l e m e n l ... EA S T (R E A R ) EL E V A T I O N PR O P E R T Y DE S C R I P T I O N : C o n 5 Pt Lo t 34 , 40 R - 2 6 3 0 , Pa r t 12 (3 5 4 5 Si d e l i n e 34 ) Top aPia r--~ FIII.IMI -; Ci t y De v e l o p m e n t De p a r t m e n t J·- ~ - - - = = = - ~ ~ ~ ~ = = ~ = = ~ ~ ~ - - - - - - - - - - - - - r - ~ ~ ~ ~ FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CIT Y OF PI C K E R I N G DATE: May 15, 2015 CI T Y DE V E L O P M E N T DE P A R T M E N T . ~-i i i i · J l ~ N L __ ;:: N I A / - //~t ? s l l l l l l l / / ~ 1 111 1 1 1 111 11111111111; w N N ~H ~~ ~Fj ~ ~~ ~ ~ ~ .. ~ +--~ N 8 + - - ~ - i! N ~ _L I SO U T H (S I D E ) EL E V A T I O N NO R T H (S I D E ) EL E V A T I O N S Ci t y De v e l o p m e n t De p a r t m e n t Su b m i t t e d Pl a n FI L E No : P/ C A 71 / 1 5 AP P L I C A N T : M. & S. Ca n u PR O P E R T Y DE S C R I P T I O N : C o n 5 Pt Lo t 34 , 40 R - 2 6 3 0 , Pa r t 12 (3 5 4 5 Si d e l i n e 34 ) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VIE W I N G AT TH E CI T Y OF PI C K E R I N G CI T Y DE V E L O P M E N T DE P A R T M E N T DATE: May 15, 2015 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 72115 3 3 Meeting Date: June 3, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 72115 A. & D. Paterson 528 Park Crescent The applicant requests relief from Zoning By-law 2511, as amended, to permit a minimum front yard setback of 5.5 metres and to recognize an existing accessory structure with a height of 2.4 metres setback 0.6 of a metre from the rear lot line and 0.7 of a metre from the north side lot line; whereas the by-law requires a minimum front yard setback of 7.5 metres and accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines. The applicant requests approval of this minor variance application in order to obtain a building permit to construct a one-storey addition in the front yard and to recognize the location of an existing pool house in the rear yard. Recommendation The City Development Department considers a minimum front yard setback of 5.5 metres and an existing accessory structure with a height of 2.4 metres setback 0.6 of a metre from the rear lot line and 0. 7 of a metre from the north side 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 these variances apply only to the proposed one-storey addition in the front yard, and the existing accessory structure (pool house) as generally sited and outlined on the applicant's submitted plans dated May 19, 2015. 2. That the applicant obtain a building permit for the proposed addition by June 3, 2016, or this decision shall become null and void. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as 'Urban Residential -Low Density Area" The subject property is currently zoned "R4" -Residential Zone within Zoning By-law 2511, as amended. 34 Report PICA 72/15 June 3, 2015 Page 2 Appropriateness of the Application Front Yard Depth Variance • the intent of a minimum front yard setback is to ensure an adequate buffer space is provided between the. building and the street activity in the front yard, and to provide an adequate landscaped area and parking space in front of the property • the by-law requires a minimum front yard setback of 7.5 metres • the applicant is requesting to reduce the front yard setback in order to permit the construction of a one-storey addition to the existing dwelling • the proposed front yard depth of 5.5 metres will provide a sufficient buffer space between the dwelling and Park Crescent • the proposed one-storey addition will not obstruct the streetview of abutting property owners as the curvature of Park Crescent minimizes the impact of the reduced front yard setback • the proposed one storey addition will maintain an adequate landscaped area along Park Crescent and will be compatible with the mixed of dwelling styles within the neighbourhood • the requested variance is minor in nature desirable for the appropriate development of the land and maintains the intent of the zoning by-law and Official Plan Recognize the Location of an Existing Accessory Structure in the Rear Yard Variance • the intent of the minimum 1.0 metre setback requirement for accessory structures greater than 1.8 metres in height is to minimize the visual impact that their location may have on adjacent properties, and to ensure that adequate access for maintenance is available to the sides of the structures • the existing accessory structure (pool house) is 2.4 metres in height (to roof peak) and is currently located in the rear yard setback 0.6 of a metre from the rear lot line and 0.7 of a metre from the north side lot line • the location of the pool house is an existing condition and does not appear to have a negative visual impact on adjacent owners • the existing 0.6 of a metre from the rear lot line and 0.7 of a metre from the north side lot line provides for adequate space for maintenance and drainage, sufficient pedestrian access, and an appropriate separation distance between the shed and the adjacent property • the requested variance is minor in nature and maintains the intent of the zoning by-law and Official Plan Report PICA 72/15 Input From Other Sources Engineering & Public Works Date of report: May 27, 2015 Comments prepared by: Amy Emm, MCIP, RPP Planner II AE:MM:Id J:\Documents\Development\D-3700\2015\PCA 72-15\Report\PCA 72-15.doc Enclosures June 3, 2015 Page 3 35 • no comments or concerns with the application Melissa Markham, MCIP, RPP Principal Planner-Development Review 3G BEACH PUBLIC SCHOOL Location Map FILE No: P/CA 72/15 1----+---l~ 1----+---l 0 1----+---l t----1----l~ ~~-1----l ~-1----lo ~ ~--+---l >-1-----+-~0:: 1----+---l 65 ~--+---llf) 1-----+-~~ 1---+----lji LAKE ONTARIO OKLAHOMA t--- APPLICANT: A. & D. Paterson Mt City Development Department PROPERTY DESCRIPTION: Plan 364 Lot 5 N Pt Lot 6 (528 Park Crescent) DATE: May. 4, 2015 SCALE 1 :5,000 PN-3 To recognize an existing accessory structure with a height of 2.4 metres setback 0.6 of a metre from the rear lot line and 0.7 of a metre from the north side lot line. o.6rn EXISTING POOL -·-··-··-··-------</.<f. 9 ·---. '/")., --------.:!.__1 '""-------£: """ ---·-. t:l OOi o>"i '""-t ·----------':Y I ·-------------- j j I ! ! I ! L_ __ --........... _ ..... _ City Development Department ··-. ·------........ __ Submitted Plan FILE No: P/CA 72/15 ·-----------........ To permit a minimum front yard setback of 5.5 metres APPLICANT: A. & D. Paterson ---., I . I .. j t' . i •j . ! --~---· .. ./ .... , ··.-:-J ! i ·<~rn 1r::-/c5 /C\j srn-J"' j I i i i i ----.J PROPERTY DESCRIPTION: Plan 364 Lot 5 N Pt Lot 6 (528 Park Crescent) 37 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: May 14,2015 38 E 0 1"- EAST (FRONT) ELEVATION City Development Department Submitted Plan FILE No: P/CA 72/15 APPLICANT: A. & D. Paterson PROPERTY DESCRIPTION: Plan 364 Lot 5 N Pt Lot 6 (528 Park Crescent) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 14,2015 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment 3 9 Application Number: PICA 73115 ·Meeting Date: June 3, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 73115 816 Kingston Road (Pickering) Limited 820 Kingston Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 6539105: • to permit a building to be located outside the building envelope with a minimum setback of 0.9 of a metre from the Kingston Road lot line; whereas the by-law requires all buildings and structures to be located entirely within the building envelope having a minimum setback of 3.0 metres from the Kingston Road Lot Line • to permit a minimum of 46 metres of the length of the build-to-zone, adjacent to Kingston Road to be occupied by a building or buildings; whereas the by-law requires a minimum of 58 metres of the length of the build-to-zone, adjacent to Kingston Road to be occupied by a building or buildings; and • to permit a minimum of 156 parking spaces; whereas the by-law requires a minimum of 163 parking spaces The applicant requests approval of these variances in order to obtain Site Plan Approval to construct a 424 square metre building to be occupied by a restaurant use. Recommendation The City Development Department considers a building to be located outside of the building envelope with a minimum setback of 0.9 of a metre from the Kingston Road lot line, a minimum of 46 metres of the length of the build-to-zone adjacent to Kingston Road to be occupied by a building or buildings, and a minimum of 156 parking spaces 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 construction of a 424 square metre building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains Site Plan Approval and a Building Permit for the proposed construction by June 3, 2016, or this decision shall become null and void. 40 Report PICA 73/15 June 3, 2015 Page 2 Background On April 23, 2015, the applicant submitted an application for Site Plan Approval to revise the footprint of one of the proposed commercial buildings (Building C) from a multi-tenant to a single tenant building to be occupied by a restaurant use (Shoeless Joe's Restaurant). On April 28, 2015, the Site Plan Advisory Committee considered the proposed site plan and elevations and had no concerns with the proposal and the requested minor variances. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Mixed Use Areas - Mixed Corridors" within the Woodlands Neighbourhood. The subject property is also subject to two Council adopted development guidelines, the Northeast Quadrant Development Guidelines and the Kingston Road Corridor Development Guidelines. The Woodlands Neighbourhood policies of the Pickering Official Plan indicate that in order to transform Kingston Road to a "mainstreet", the placement of buildings is to provide a strong identifiable urban edge. Buildings are to be located close to the street edge, with a minimum percentage of the building required to be located within a build-to-zone along street lines. All buildings are required to have a minimum building height of two-storeys, and a minimum percentage of the commercial gross floor area is required to be functional space located on a second-storey. The subject property is currently zoned "MU-20" -Mixed Use within Zoning By-law 3036, as amended by By-law 6539/05. Appropriateness of the Application Building Envelope and Build-to-Zone Variances • the use of a building envelope and build-to-zone provisions within the implementing Zoning By-law are intended to provide an appropriate and functional setback for development, and to ensure that buildings are located close to Kingston Road in order to create a strong and identifiable urban edge • the proposed building (Building C) is expected to be occupied by a restaurant use (Shoeless Joe's) and will be setback a minimum of 0.9 of a metre from the front lot line along Kingston Road, whereas the by-law requires a minimum setback of 3.0 metres and a maximum setback of 15.0 metres • the proposed commercial buildings along the Kingston Road frontage will occupy 46 metres of the length of the build-to-zone, adjacent to Kingston Road, whereas the by-law requires a minimum of 58 metres of the length of the build-to-zone to be occupied by a building or buildings • the requested variance to reduce the building setback will provide an appropriate and functional building setback for the development from Kingston Road Report PICA 73/1 S. June 3, 2015 • the proposed building will have a two-storey massing with a partial functional second floor Page 3 • the outdoor patio area is also located within the build-to-zone in order to visually compensate for the reduced building length • the building facade fronting Kingston Road has been enhanced with additional windows and architectural articulations to create an attractive and active street frontage • a private outdoor gathering space in front of the principle entrance facing Kingston Road has been provided to create a pedestrian friendly streetscape • the proposed variance will not impact surrounding properties or the usability of the subject property • staff are of the opinion that the requested variances to reduce the minimum building setbacks and reduce the building length within the build-to-zone are minor in nature, desirable for the appropriate development of the subject lands and is in keeping with the intent of the Official Plan and zoning by-law Minimum Parking Variance • the intent of regulating the minimum number of required parking space is to ensure an adequate supply of on-site parking is available to accommodate the parking requirements of all permitted uses • the applicant has requested a reduction in the total number of required parking spaces from 163 spaces to 156 spaces, a reduction of 7 parking space • in support of this variance, the applicant has submitted a letter indicating that the size proximity to existing public transit and the future Bus Rapid Transit (BRT) service along Kingston Road would reduce the demand for on-site parking • the demand for parking will also be reduced due to the ability to share parking between different businesses on the property since the anticipated parking use for the office space planned for the second floor of Building A will be during weekday daytime hours, whereas peak hours for the proposed restaurant use will be in the evenings and weekends when the offices are typically closed • the proposed 156 parking spaces are sufficient to accommodate the parking requirements for the proposed commercial development • the requested variance is minor in nature and maintains the general intent and purpose of the Official Plan and Zoning By-law Input From Other Sources Site Plan Committee • in support of the site plan application and expressed no concerns with the requested variances 41 Report PICA 73/15 42 Date of report: May 28, 2015 Comments prepared by: Isabelle Janton Planner II-Site Planning IJ:MM:Id J:\Oocuments\Development\0-3700\2015\PCA 73-15\Report\PCA 73-15.doc Enclosures frrl. y~)O/tf'- Melissa Markham, MCIP, RPP June 3, 2015 Page4 Principal Planner-Development Review TON HOOL AIR STREET 0 <( 0 0::: (/) w f:::: :r: S: City Development Department Location Map FILE No: P/CA 73/15 APPLICANT: 816 Kingston Road (Pickering) Limited 43 oR 1-----l(§ r:-----------t----10::: 1-----+-----l~ 1-----+-----l~ 0::: 1-----1-----J ~ PROPERTY DESCRIPTION:B.F.C. Ran e 3 Pt Lot 27, 28, 40R-23394 Part 1 (820 Kingston Road) DATE: May. 4, 201s o~:,.;~~.;c:~~erprlses Inc. and Its suppllere. All rights Reserved. Not a plan of survey. SCALE 1 :5,QQQ PN-6 2013 t.APAC and Ita au pllera. All ri hta Reserved. Not o len of Surve . 44 SHEPPARD AVENUE 1----+-----t-r--------:lr--- spaces BUILDING '8' ,,,. .......... G.f4 • 1,183.27 om (12.7l703a.l) "'' o permit a minimum of 46 metres of the length of the build-to-zone, adjacent to Kingston Road to be occupied by a City Development Department building Submitted Plan FILE No: P/CA 73/15 -----~-- • permit a building to be located the building envelope with a minimum setback of 0.9 of a metre from the Kingston Road lot line DATE: May 19, 2015 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment 45 Application Number: PICA 74115 Meeting Date: June 3, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 74115 J. Tontegode & M. Gibb 3230 Salem Road The applicant requests relief from Zoning By-law 3037, as amended: • to permit a home-based business in an existing accessory building; whereas, the by-law does not permit any use, storage, or activity relating to a home-based business in an accessory building or structure • to permit a home-based business to occupy one accessory building up to a maximum of 90 square metres; whereas, the by-law permits a the maximum combined floor area for a home-based business within one dwelling unit to occupy 25 percent of the finished floor area of that dwelling unit to a maximum of 50 square metres The applicant requests approval of this minor variance application in order to permit a home-based business (specialty knit shop) in an existing accessory building on the subject lands. Recommendation The City Development Department considers a home-based business in an existing accessory building occupying up to a maximum of 90 square metres to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the proposed home-based business (speciality knit shop) occupying a maximum of one existing accessory building, as generally sited and outlined on the applicant's submitted plans. 2. That the use, storage or activity related to the home-based business not exceed a total of 90 square metres. 3. That the applicant obtains a change of use permit for the proposed home-based business (specialty knit shop) by June 3, 2016 or this decision shall become null and void. 4. Only one home-based business is permitted on the subject property. 46 Report PICA 7 4/15 June 3, 2015 Page 2 Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as Rural Settlement-Country Residential within the Staxton Glen planning area. The rear portion of the subject lands is designated Shoreline and Stream Corridor on Schedule Ill to the Pickering Official Plan -the Resource Management Schedule. Policies in the City's Official Plan support and permit home-based businesses provided they are small scale with a limited number of employees, and minimal off-site impacts. The subject property is currently zoned "A" -Rural Agricultural within Zoning By-law 3037, as amended, which permits a detached dwelling, accessory buildings and/or structures, and a home-based business within the main dwelling. Appropriateness of the Application • the intent of the zoning by-law in restricting home-based businesses size and location within a main dwelling is to ensure that the business or occupation is subordinate to the primary residential use and does not create a public nuisance or adverse effect on abutting lands or the surrounding community due to noise, traffic or parking • the zoning by-law permits home-based businesses in residential dwellings, which may occupy 25 percent of the finished floor area of the dwelling up to a maximum of 50 square metres • the use of an accessory building for a home-based business is not permitted in the zoning by-law • the applicant wishes to conduct the home-based business in an existing 86.6 square metre accessory building located on the northeast corner of the property • the home-based business will have a maximum of 2 employees and the proposed hours of operation are Tuesday, Wednesday, Friday and Saturday from 10:00 a.m. to 6:00p.m., and Thursday from 10:00 a.m. to 8:00p.m. • the home-based business would also have weekly instructional knitting classes for a maximum of 8 people • due to the unique location of the subject property a home-based business within an existing accessory structure is an appropriate use on the subject lands • due to the size of the subject property, the setback of the existing accessory building from the street, and the clientele of the speciality knit shop, the requested variances do not appear to create an adverse effect on the abutting lands and surrounding community with respect to visual impact, noise, traffic, and parking • the requested variances to allow a home-based business in an existing accessory building occupying up to a maximum of 90 square metres is minor in nature, an appropriate development of the land and/or building and maintains the intent and purpose of the Official Plan and Zoning By-law Report PICA 74/15 Date of report: May 28, 2015 Comments prepared by: -, ~r ~-·_ .. -.J;;;/~ ir/%~7 ~~7 /~ Lalita Paray, MCIP, RPP Planner I LP:Id J:\Documents\Development\0-3700\2015\PCA 7 4-15\Report\PCA 7 4_15.doc Enclosures June 3, 2015 Page 3 47 Melissa Markham, MCIP, RPP Principal Planner-Development Review 48 ~ -J ~ I 0 ) <( 0 0::: r ~ v ::;< 1 w ---' <( (/) w ) u :"i []_ SUBJECT PROPERTY -~ ~ :::,<?-""" \ "'--"""(() 0 d'; ~ ~ ( ~--------------------- ~~~ IH I,..;UNI t'\UAU FIFTH c u@ \YiiY1 U\Q @[? &JJ/i:Jl I 1' eu.~ Location Map FILE No: P/CA 74/15 APPLICANT: J. Tontegode & M. Gibb ~ PROPERTY DESCRIPTION: Con 5 Pt Lot 7 ,8 40R-23445 Part 4, 5 City Development & 40R23394 Part 1 , (3230 Salem Road) DATE: May. 4, 2015 Department Data Sources: SCALE 1 :5,000 I PN-6 ~-Teranet Enterpr-Ises ln~pl and its ·~~llers. All rights Reae~~d. Not a ~;.n of survey. 2013 lvtPAC and Ita au pliers. All ri hta Reserved. Not a lon of Surve . Ci t y De v e l o p m e n t De p a r t m e n t ~_ § m _ EX I S T I N G NK E E 58 . 6 m To pe r m i t a ho m e - b a s e d bu s i n e s s in an ac c e s s o r y bu i l d i n g Su b m i t t e d Pl a n FI L E No : PI C A 74 / 1 5 r EX I S T I N G BA R N To pe r m i t a ho m e - b a s e d bu s i n e s s to oc c u p y on e ac c e s s o r y bu i l d i n g up to a ma x i m u m of 90 sq u a r e me t r e s AP P L I C A N T : J. To n t e g o d e & M. Gi b b EX I S T I N G BA R N 0 <( E 0 ~ a: ~ ~ w _J <( (f) 1' PR O P E R T Y DE S C R I P T I O N : Co n 5 Pt Lo t 7 ,8 40 R - 2 3 4 4 5 Pa r t 4, 5, & 40 R 2 3 3 9 4 Pa r t 1, (3230 Salem Road) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CI T Y OF PI C K E R I N G CI T Y DE V E L O P M E N T DE P A R T M E N T DATE: May 14, 2015 ~ c.o Ci t y De v e l o p m e n t De p a r t m e n t Su b m i t t e d Pl a n FI L E No : P/ C A 74 / 1 5 AP P L I C A N T : J. To n t e g o d e & M. Gi b b PR O P E R T Y DE S C R I P T I O N : Co n 5 Pt Lo t 7 ,8 40 R - 2 3 4 4 5 Pa r t 4, 5, & 40 R 2 3 3 9 4 Pa r t 1, (3230 Salem Road) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CI T Y OF PI C K E R I N G CIT Y DE V E L O P M E N T DE P A R T M E N T . DATE: May 14,2015 c.n " ' !!f:c~ ~ o ~ ; ; ~ . " : ; ' . , ; o ~ ... . . u. w . . ~U. , . ' f ' f . l l ' ~ M·- .. . . . . A~• W l f l t =-- - - - - : ,. , ' J I I · : . , .. . 111::: : : · · ~ ,.. , . . , . . s••·~"' - - l h . . = ; . ~}i~•;; ; . f~~ ~~ ~·~- · - . r~~ · ~ ~~ . [I ] f f i [ I J ~.:=~ - : . : . ' C · : ~ ~ : : : - . . : : == - j -- - - - - r r .. . . ( I I T ! 11-;.,., . ~ j~-, i ~~ I j- l l ; - ~-l- - - - " - ,_ . . . . . I +- + - - - - - - + ! --- = - - = - - - = ~ = = = = - = = = = = = · - - - 11- -- = . . _ - t - - ~R O N T EL E V A T I O N ' I ~~;; o - ' ! _ ~ ~ \ . . & C TO ' f\ . _. , , .... . . . . .., . - . . . . : : . . ' 1 "'~. . > J " " ' - Clo~, . . i " T " T c J I I , . ' I _It, . . . . . . . _ ... cc - . c ; s · Gil, . o . ( ~ I Cl t O o • . S . fll . " ' ' O"r o • r : J i i . Q r-, . a . & l 1 r o - . . 1 1 1 . . I I _I I r-- : : : . . . -- -- = =-= ~ -- - - - =; : : : =:: : . - : : . _ - = - - = - - : . . . . -= - . . . - - . . . = - _-: : : - = ~ RE A R EL E Y A T ! O t : j Su b m i t t e d Pl a n FI L E No : P/ C A 74 / 1 5 AP P L I C A N T : J. To n t e g o d e & M. Gi b b ,1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .;. . t- - - - - - - - - - - - - - - -- + RJ G H T ·S I D E EL E V A T I O N C,: C , . . : . . . f t , . . . , - r 1" ... . ~· ~ · jl _ _ _ - - - - - - - _ _ _ _ _ ,. - 4 " t " ' " " ' - - - - - - .... . . . . - - - - - - - - -- r LE F T SlQ E EL E V A T I O N ! II +'; ; . •· - > - E ('f) 1.0 PR O P E R T Y DE S C R I P T I O N : C o n 5 Pt Lo t 7 ,8 40 R - 2 3 4 4 5 Pa r t 4, 5, & 40 R 2 3 3 9 4 Pa r t 1, (3230 Salem Road) c.n Ci t y De v e l o p m e n t De p a r t m e n t ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - ~ ~ ~ ~ - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , - - - - - - - - - - - ~ 1 ~ FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VIE W I N G AT TH E CIT Y OF PI C K E R I N G CI T Y DE V E L O P M E N T DE P A R T M E N T . DATE: May 14, 2015