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Home My WebLink AboutJune 24, 2015Committee of Adjustment Agenda Meeting Number: 9 Date: Wednesday, June 24, 2015 (I) Adoption of Agenda (II) Adoption of Minutes from June 3, 2015 (Ill) Reports 1. PICA 75115 E. & J. Au 1753 Fairport Road 2. PICA 76115 C. & E. Filippeos 1748 Spruce Hill Road 3. PICA 77115 to PICA 80115 2364722 Ontario Inc. 1915 Fairport Road 4. PICA 81115 to PICA 82115 A. & T. Stojanovski 1249 Bayview Street 5. PICA 83115 J. Murray 1751 Appleview Road 6. PICA 84115 1199577 Ontario Ltd. 2035 Valley Farm Road (IV) Adjournment Committee of Adjustment Agenda Wednesday, June 24, 2015 7:00pm Main Committee Room Page Number 1-10 11-17 18-24 25-31 32-40 41-47 48-52 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, June 3, 2015 7:00pm Main Committee Room That the agenda for the Wednesday, June 3, 2015 meeting be adopted. (II) Adoptio!'l of Minutes Moved by Tom Copeland Seconded by Eric Newton Carried Unanimously That the minutes of the 7th meeting of the Committee of Adjustment held Wednesday, May 13, 2015 be adopted. Carried Unanimously Page 1 of 10 1 2 Committee of Adjustment (Ill) Reports 1. (Deferred at the May 13, 2015 meeting) PICA 45115 Golfour Property Services Inc. 1050 Brock Road Meeting Minutes Wednesday, June 3, 2015 7:00pm Main Committee Room 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. 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. 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 Sean Wiley Seconded by Eric Newton That application PICA 45115 by Golfour' Property Services, be Approved on the grounds that the two restaurants (Type A) not exceeding an aggregate gross leasable floor area of 800 square metres within an existing building 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 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 be~ome null and void. Carried Unanimously Page 2 of 10 2. PICA 37/15 T. Gauthier 3117 Gladstone Street Committee of Adjustment Meeting ·Minutes Wednesday, June 3, 2015 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3037, as amended by By-law 2677/88 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 s~eps 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. 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 objection to the proposal. Written comments were also received from Heritage Pickering expressing no objection to the requested variances. Dan Hagen, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 3 of 10 3 4 Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, June 3, 2015 7:00pm Main Committee Room That application PICA 37115 by T Gauthier, be Approved on the grounds that the 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, subject to the following conditions: 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. 3. PICA 71115 M. & S. Canu 3545 Sideline 34 Carried Unanimously 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. 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. Michael & Suzy Canu, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Page 4 of 10 Committee of Adjustment Meeting Minutes Wednesday, June 3, 2015 7:00pm Main Committee Room In response to a question from a Committee Member, Michael Canu explained the location of the proposed addition is due to a new septic system and a well on the south side of the property. Michael Canu also noted there will be no windows on the south side of the proposed addition. Moved by Denise Rundle Seconded by Eric Newton That application. PICA 71115 by M. & S. Canu, be Approved on the grounds that the minimum south side yard setback of 1.5 metres, 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 Zoni.ng By-law, subject to the following conditions: 1. That this variance apply only to the proposed addition, as generally sited and outlined on the applicant's submitted plans. 2. 'That the applica.nt obtain a building permit for the proposed addition by June 3, 2016, or this decision shall become null and void. 4. PICA 72115 A. & D. Paterson 528 Park Crescent Carried Unanimously 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. 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. Page 5 of 10 5 6 Committee of Adjustment Meeting Minutes Wednesday, June 3, 2015 7:00pm Main Committee Room Debi Paterson, owner, 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 Tom Copeland That application PICA 72/15 by A. & D. Paterson, be Approved on the grounds that the 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, 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 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. 5. P/CA 73/15 816 Kingston Road (Pickering) Limited 820 Kingston Road Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 6539/05: • 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 Page 6 of 10 Committee of Adjustment Meeting Minutes Wednesday, June 3, 2015 7:00pm Main Committee Room 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. 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 Site Plan Committee in support of the site plan application and expressed no concerns with the requested variances. Lorelei Jones, agent, was present to represent the application. John lbbetson, of 787 Sheppard Avenue was present in objection to the application. David Blunden of 840 Sheppard Avenue was present to obtain addition information and clarification on the application. Lorelei Jones explained the footprint for the building (Shoeless Joe's) is a standard footprint for all Shoeless Joe's restaurants. She noted they have been working closely with City staff to comply with the design guidelines and Official Plan policies for the subject lands. She also provided a justification for the reduction in parking spaces due to the proximity to the future Bus Rapid Transit route and the ability to utilize shared parking on the site for the mix of uses. She also stated that the 4.5 parking spaces per 100 square metres of gross leasable area is the same parking standard used on surrounding commercial properties. John lbbetson expressed a concern with the easements on the subject lands between the subject property and the property to the west as well as the easement between the subject property and Sheppard Avenue. John lbbetson also expressed a concern with the reduction in parking and the development along Sheppard Avenue . . In response to questions and concern, Lorelei Jones noted that the easements on the property were dealt with through the Region of Durham Land Division Committee. The easements on the subject lands are to allow traffic to traverse the site and access the property to the west in order to reduce the number of vehicles accessing the property solely from Kingston Road. She mentioned that the connection to Sheppard Avenue is only for pedestrian access. Lorelei Jones mentioned that the lands fronting Sheppard Avenue are for residential purposes, however the owner is not proceeding with the development of those lands at this time. David Blunden was concerned with the access from the subject property to Sheppard Avenue. Page 7 of 10 7 8 Cort:~mittee of Adjustment Meeting Minutes Wednesday, June 3, 2015 7:00pm Main Committee Room In response to a question from a Committee Member the agent stated that the 0,9 of a metre setback from Kinston Road will not have any impacts on servicing. She stated that both the City and the Region (as Kingston Road is a regional road) have no concerns with the reduced setback. Moved by Denise Rundle Seconded by Sean Wiley That application PICA 73/15 by 816 Kingston Road (Pickering) Limited, be Approved on the grounds that the 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 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 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. Carried Unanimously 6. PICA 74/15 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 Page 8 of 10 Committee of Adjustment Meeting Minutes Wednesday, June 3, 2015 · 7:00pm Main Committee Room 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. 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. Michelle Gibb, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Michelle Gibb noted that there is enough parking on the subject lands to accommodate clients attending instructional knitting classes. Moved by Tom Copeland Seconded by Eric Newton That application PICA 74/15 by J. Tontegode & M. Gibb, be Approved on the grounds that the home-based business in an existing accessory building occupying up to a maximum of 90 square metres 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 proposed home-based business (specialty knit shop) occupying a maximum of one existing accessory building, as gener~lly 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 obtain a building 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. Carried Unanimously Page 9 of 10 9 10 Committee of Adjustment (IV) Meeting Minutes Wednesday, June 3, 2015 7:00pm Main Committee Room (V) Adjournment Date Chair Moved by Eric Newton Seconded by Sean Wiley That the 8th meeting of the 2015 Committee of Adjustment be adjourned at 7:43 pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 24, 2015. Carried Unanimously Assistant Secretary-Treasurer Page 10 of 10 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 75115 Meeting Date: June 24, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 75115 E. & J. Au 1753 Fairport Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 5928101: • to permit a maximum lot coverage of 42 percent; whereas the by-law permits a maximum lot coverage of 38 percent • to permit an existing accessory structure (shed) greater than 1.8 metres in height to be setback a minimum of 0.9 of a metre from the side and rear lot line; whereas the by-law requires 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 (sunroom) in the rear yard, and to recognize the location of an existing accessory structure (shed) in the rear yard. Recommendation The City Development Department considers a maximum lot coverage of 42 percent and an existing accessory structure (shed) setback 0.9 of a metre from the side and rear 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 variances subject to the following conditions: 1. That these variances apply only to the proposed one-storey addition (suriroom) in the rear yard, and existing accessory structure (shed), as generally sited and outlined on the applicant's submitted plans. 2. Thatthe applicant obtain a building perniit for the proposed construction by June 23, 2017, or this decision shall become null and void. 11 12 Report PICA 75/15 June 24, 2015 Page2 Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as 'Urban Residential -Low Density' in the Dunbarton Neighbourhood. The subject property is currently zoned "R4-19" -Detached Residential Dwelling within Zoning By-law 3036, as amended by By-law 5928/01, which permits one detached dwelling with a maximum lot coverage of 38 percent. Appropriateness of the Application Recognize an Existing Accessory Structure (shed) in the Rear Yard • 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 property owners, and to ensure that adequate access is available to maintain the structures on the subject lands • the existing accessory structure (shed) was constructed in 2013 and has a height of 1.8 metres (2.4 metres to the peak of the roof) and 3.0 metres in width, and is currently located 0.9 of a metre from the side and rear lot line • there is an existing wood privacy fence that has been constructed around the perimeter of the rear yard, which minimizes the visual impact on adjacent property owners • the adjacent property owner to the north is also screened from the existing shed by a similar structure located within their rear yard • the existing accessory structure is in keeping with similar structures in the surrounding neighbourhood • the existing 0.9 of a metre setback to the side and rear lot line provides for adequate space for maintenance and drainage, 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 Increase in Maximum Lot Coverage • the intent of the maximum lot coverage provision is to ensure that the overall size, scale and massing of a dwelling is appropriate for the lot size and to ensure an adequate amount of outdoor amenity area remains uncovered by buildings on a lot • the by-law permits a maximum lot coverage of 38 percent • the owner has requested a maximum lot coverage of 42 percent • the existing dwelling was built in 2007 to the maximum lot coverage of 38 percent Report PICA 75/15 June 24, 2015 Page3 • the existing accessory structure increases the lot coverage by 1.41 percent and the proposed one-storey addition (1 0.4 square metre sun room) will further increase the lot coverage by 2.05 percent, resulting in a total required lot coverage of approximately 42 percent • the existing dwelling and proposed sun room in the rear yard will maintain a sufficient amount of outdoor amenity area that will remain uncovered and unobstructed on the lot • there are no variances required for rear or side yard setbacks for the proposed sunroom as the one-storey addition will be built within the allowable building envelope • the proposed one-storey addition (sun room) will be compatible with the surrounding character of the neighbourhood • staff are of the opinion that the requested variance to permit an increase in lot coverage would not have any adverse impacts on abutting property owners • the proposed variance to increase the lot coverage from 38 to 42 percent 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: June 18, 2015 Comments prepared by: y~ Lalita Paray, MCIP, RPP Planner I LP:MM:Id !riL. rrvfdkrr~ Melissa Markham, MCIP, RPP Principal Planner-Development Review J;\Documents\Oevelopment\D-3700 Committee of Adjustment (PCAApplications)\20151PCA 75-15 E. & J. Au\Report\PCA 75-15.doc Enclosures 13 14 City Development Department Location Map FILE No: PICA 75/15 APPLICANT: E. & J. Au Cl 1---'<-------J(§ 1---,----'-----r-"-¥ f---'f---------la::: 1-----t----J PROPERTY DESCRIPTION: Lot 2, Plan 40M-2312 (1753 Fairport Road) DATE: May 27,2015 SCALE 1 :5,000 PN-6 0 <( 0 a: 1--a: 0 a.. a: Lt ·~ 6.0m '. E 0 LO ..-- 33.9m -----------~----~~~r ;. To permit an existing accessory structure (shed) greater than 1.8 metres in height to be setback a minimum of 0.9 of a metre from the side and rear lot line EXISTING SHED EXISTING TWO STOREY DWELLING ~~ 33.9m E 0 LO 8.Qm--. ,..--· "' PROPOSED SOLARIUM To permit a maximum lot coverage of 42% City Development Department Submitted Plan FILE No: P/CA 75/15 APPLICANT: E. & J. Au PROPERTY DESCRIPTION: Lot 2, Plan 40M-2312 (1753 Fairport Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 5, 2015 ~ ~·/ .. ..,/ / . .. _L . ' ----~r-~' 5t. If . .... ~ u ~ t-.~: I I f I tSke~~o~< • J .,....,. ~ --~-. & ~ t----I .. I ..• . ---. E1 ~·-- : ~ -·-··· .• ;;,c.. ~I;.. w.. ·-. N~ -~1 I I "\\j . y . Gc.. ~~t\JM. --........,._ . -~ ... ,,........._ • .. . 1Ed1 I ~ -M :....,. -;a ~ .· . , ·• ... . .. I Tf t-4~ .• I . I r I ' I H F-' --j, , I I . l l . .L.Jt I t w U-..)· . . . . ~ I I l t • • l EAST (REAR) ELEVATION ·~ Submitted Plan FILE No: P/CA 75/15 APPLICANT: E. &J. Au PROPERTY DESCRIPTION: Lot 2, Plan 40M-2312 (1753 Fairport Road) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING l DATE: June 5, 2015 CITY DEVELOPMENT DEPARTMENT. "'"-... .. _____ --: ~ I I I I I EI ' ffi ru ~-$-~--_._-__ -..:_ -=--=·"=.:-" =-==-:: ·NORTH (SIDE) ELEVATION ' --.. ·-- ---:• ;;--·--I -e;<--• -"·~~' ~ . --- SOUTH (SIDE) ELEVATION · Submitted Plan FILE No: P/CA 75/15 APPLICANT: E. & J. Au !a I 11 PROPOSED SOLARIUM PROPERTY DESCRIPTION: Lot 2, Plan 40M-2312 (1753 Fairport Road) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: June 5, 2015 18 From: Subject: Application Melissa Markham, MCIP, RPP . Report to Committee of Adjustment Application Number: PICA 76115 Meeting Date: June 24, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 76115 C. & E. Filippeos 17 48 Spruce Hill Road The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum flankage yard setback of 2.7 metres; whereas the by-law requires a minimum flankage yard setback of 4.5 metres. The applicant requests approval of this variance in order to obtain a building permit to · demolish an existing dwelling and construct a new two-storey detached dwelling. Recommendation The City Development Department considers a flankage yard setback of 2. 7 metres to be minor in nature, desirabl_e for the appropriate development of the lan.d, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance applies only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That prior to the issuance of a building permit, the applicant provides a tree inventory and landscape plan for the subject property to the satisfaction of the City. 3. That prior to the issuance of a building permit, the applicant provides upgraded plans for the north (flankage) elevation of the proposed detached dwelling to the satisfaction of the City Development Department. 4. That the applicant obtain a building permit for the proposed construction by June 23, 2017, or this decision shall become null and void. Report PICA 76/15 June 24, 2015 Page 2 Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as 'Urban Residential-Low Density Areas' within the Dunbarton Neighbourhood. The property is also subject to the Dunbarton Neighbourhood Development Guidelines. These Guidelines are in place to ensure development occurs in a manner that is appealing, orderly, and consistent with the character of the neighbourhood. The proposed development generally conforms with the Dunbarton Neighbourhood Development Guidelines. The subject property is currently zoned "R3"-Third Density Residential Zone within Zoning By-law 3036, as amended. Appropriateness of the Application Flankage Yard Setback Variance • the intent of a minimum flankage yard setback is to provide an adequate separation distance between buildings and street activity, and to maintain an adequate landscaped area • the by-law requires a minimum flankage yard setback of 4.5 metres • the requested variance is to permit a flankage yard setback of 2.7 metres to a proposed two-storey detached dwelling • the proposed setback will maintain an adequate separation distance between the dwelling and street activity, and would be in keeping with the established character of the neighbourhood • the applicant intends to replace the existing mature vegetation found along the flankage lot line with complimentary tree species to the satisfaction of the City • the applicant has agreed to provide an upgraded elevation along the north side of the proposed dwelling to enhance the streetscape though an increase in openings and increased articulation in addition to enhanced landscaping elements • the proposed flankage yard setback will maintain the character of the existing residential neighbourhood, as site specific zoning by-laws within the surrounding neighbourhood currently permit a minimum flankage yard setback of 2. 7 metres • the requested variance is minor in nature, is desirable for the appropriate d~velopment of the property and maintains the purpose and intent of the Official Plan and Zoning By-law Input From Other Sources Engineering & Public Works Department • no concerns 19 20 Report PICA 76/15 June 24, 2015 Page 3 Date of report: June 17,2015 Comments prepared by: Melissa Markham, MCIP, RPP Principal Planner-Development Review AY:MM:Id J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2015\PCA 76-15 C. & E. Filippeos\Report\PCA 76-15.doc Enclosures ~SHADYBROOK / PARK ;--- '--- f-- ew,.,~ ~b City Development Department Location Map FILE No: PICA 76/15 APPLICANT: C. & E. Filippeos PROPERTY DESCRIPTION: Lot 38, Plan 820 {1748 Spruce Hill Road) Data Sources: 1e· Teranet Enterprises Inc::. and Its su_p_~llers. All rights Rese~ed. Not a ~-~" of survey. i.e 2013 MPAC and Its suppliers. All rlqhts Reserved. Not a plan of Survey. DATE: June 1, 2015 SCALE 1 :5,000 I PN-7 21 To pe r m i t a mi n i m u m fl a n k a g e ya r d se t b a c k of 2. 7 me t r e s SP R U C E HI L L RO A D \ E (' f ) 00 ... . . . ~- ~ . r ~ Ci t y De v e l o p m e n t De p a r t m e n t 28 . 3 m Su b m i t t e d Pl a n FI L E No : P/ C A 76 / 1 5 AP P L I C A N T : C. & E. Fi l i p p e o s 60 . 6 m RO P O S E I CO V E R E D DE C K 60 . 6 m ~I <! { " E 1'- -N PR O P O S E D TW O ST O R E Y DW E L L I N G E ~ ... . . . PR O P E R T Y DE S C R I P T I O N : Lo t 38 , Pi a n 82 . 0 (1 7 4 8 Sp r u c e Hi l l Ro a d ) 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 ~' N 0 <( 0 a: _J _J I w () ::::> a: c... Cf) 1' 1 DATE: June 5, 2015 Ci t y De v e l o p m e n t De p a r t m e n t 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 76 / 1 5 AP P L I C A N T : C. & E. Fi l i p p e o s PR O P E R T Y DE S C R I P T I O N : Lo t 38 , Pl a n 82 0 (1 7 4 8 Sp r u c e Hi l l Ro a d ) 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 CIT Y DE V E L O P M E N T DE P A R T M E N T !I E·' CD o) DATE: June 5, 2015w ,' ',_ •, ; -- --- ; -- ; ~' ; _,_ :f I' I -. . I I! . U . . . J I I . ' ,' . ' : . ' : . 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Fi l i p p e o s PR O P E R T Y DE S C R I P T I O N : Lo t 38 , Pl a n 82 0 (1 7 4 8 Sp r u c e Hi l l Ro a d ) 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 . -- L:5 DATE: June 5, 2015 From: Subject: Application Report to Committee of Adjustment Application Numbers: PICA 77115 to PICA 80115 Meeting Date: June 24, 2015 Melissa Markham, MCIP, RPP Principal Planner, Development Review Committee of Adjustment AppHcations PICA 77115 to PICA 80115 2364 722 Ontario Inc. Blocks 111 to 114 & Part Block 115, 40M1390 & Blocks 16 to 19 on Draft Approved Plan of Subdivision SP-2013-02 The applicant requests relief from Zoning By-law 3036, as amended by By-law 1826184 and By-law 7370114 to permit a maximum lot coverage of 42 percent, whereas the by-law permits a maximum lot coverage of 38 percent. The applicant requests approval of these minor variance applications in order to . facilitate the development of four detached dwellings. Recommendation The City Development Department considers a maximum lot coverage of 42 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 lot configuration as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain final registration of Draft Approved Plan of Subdivision SP-2013-02. 3. That the applicant obtain building permits for the proposed construction on the proposed lots by June 23, 2017, or this decision shall become null and void. ' Background A Zoning By-law Amendment was approved by Council on July 14, 2014 to facilitate the development of 5 lots for detached dwellings fronting onto Fairport Road and 15 lots for detached dwellings fronting onto the extension of Gablehurst Crescent. The proposed relief from the zoning by-law is being requested for 4 of the lots fronting onto the extension of Gablehurst Crescent. The south part of each future residential lot having frontage on Gablehurst Crescent is within Draft Approved Plan of Subdivision SP-2013-02 (Blocks 16 to 19) and the north part is within a registered plan of subdivision 40M-1390 (Blocks 111 to 114). 25 26 Report PICA 77'/15 to PICA 80115 June 24, 2015 Page 2 A condition of draft approval for SP-20 13-02 will ensure that Blocks 16 to 19 on Draft Approved Plan of Subdivision SP-2013-02 will be merged on title with Blocks 111 to 114 & Part Block 115 on registered plan 40M-1390 to create 4 complete residential lots. The subject lands description has been revised since the notice was mailed to the public. Block 20 on Draft Approved Plan of Subdivision SP-2013-02 is not part of the requested variance and has been removed from the description of the subject lands. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as 'Urban Residential -Low Density Areas' within the Dunbarton Neighbourhood. The property is also subject to the Dunbarton Neighbourhood Development Guidelines. The Guidelines provide direction on neighbourhood development at a more detailed level than the Pickering Official Plan, including recommendations on lot sizes, lot areas, dwelling types and building setbacks. The proposed lots will generally conform with the Dunbarton Neighbourhood Development Guidelines. The subject properties are zoned "S2 & S2(H)"-Single Residential Zone and "S4 & S4(H)" Single Residential Zone within Zoning By-law 3036, as amended by By-laws ·1826184 and 7370114. The applicant has submitted an application to remove the "(H)" Holding provision from the subject lands. · Appropriateness of the Applications Maximum Lot Coverage Variance • the intent of the maximum lot coverage provision is to ensure that the overall size, scale and massing of a dwelling is appropriate for the lot size and to ensure an adequate amount of outdoor amenity area remains uncovered by buildings on a lot • the by-law permits a maximum lot coverage of 38 percent • the owner has requested a maximum lot coverage of 42 percent for four future residential lots • the proposed dwellings will maintain a sufficient amount of outdoor amenity area that will remain uncovered and unobstructed on each lot • there are no variances required for front, rear or side yard setbacks, therefore the proposed dwellings will be built within the allowable building envelope • · the increase in lot coverage to 42 percent will continue to provide for the appropriate development of the lands as the size and massing of the proposed dwellings will be in keeping with the character of the surrounding neighbourhood • staff are of the opinion that the requested variances to permit an increase in lot coverage would not have any adverse impacts on abutting property owners • the requested variances are minor in nature and maintains the intent of the zoning by-law Report PICA 77115 to PICA 80115 Date of report: June 16, 2015 Comments prepared by: Amy Emm, MCIP, RPP Planner II AE:MM:Id lf1 mfJJevr,~ Melissa Markham, MCIP, RPP June 24, 2015 Page 3 Principal Planner, Development Review J:\Documents\DevelopmenftD-3700\2015\PCA 77-15 to PCA 80-15\Report\PCA 77-15 to PCA 80-15.doc Enclosures 27 28 f-JL_j__[___[_-1-__[__J_J_----.J, ~ ~==t===: t5 t---t--1 '\----I-----'"'-I 1-------l cc ~==::::==::;;: f--t----l ~t---t-----l ~~~w ~t---t-----l City Development Department Location Map ~-+------i(;SI---+--1 ~-+---l _J 1---t-------i ~-+------i C) 1-----+------i 1------+---l L5 1-----+------i FILE No: P/CA 77/15 to P/CA 80/15 APPLICANT: 2364722 Ontario Inc. PROPERTY DESCRIPTION: Block 111 to 114 & Part Block 115, 40M-1390 Blocks 16 to 19 on Draft Approved Plan of Subdivision SP 2013-02 DATE: May 27, 2015 Dote Sources: Teranet Enterpdses Inc. and Its suppliers. All rights Reserved. Not o plan of survey. 2013 MPAC and its sUppliers, All rights Reserved. Not o plan of Surv • SCALE 1 :5,000 PN-6 PI C A 77 1 1 5 TO PI C A 80 1 1 5 To pe r m i t a ma x i m u m lo t co v e r a g e of 42 % l I I 13 . 5 0 I I I I " BL O C K 11 6 lB L O C K :::: BL O K 11 4 (L O T 20 ) J 11 5 ., (L O 19 ) I "! I ;:: ; \ 13 . 5 0 BL O g K 11 3 (L O T ~8) ~ oi l I r - 9 I I ~ I I~ I I i fRO~S E D . J ~ TW O ST O R E Y ;;; ,.. : M ~~ ~ 13 . 5 0 ~ \i 13.50 ~~ BLOCK 111 "' (LO't;' 16) ~ "' .____ t:, J g J DW E L L I N G II I I L - - - - - - - - - - - - - L - - - - - - _.. . J . _ _ _ _ _ _ _ _ _ o - PROPOSED ~ TWOSTOREY _i _D.W,ELLING 0 Ci t y De v e l o p m e n t De p a r t m e n t .3 b.3 9 1 11. 3 10.90 1.31 FU T U R E I t I ·- - - - - - - - - - - ! c r r- BL O C K 2 0 -- - - - -- -~ I r ~I "I I FU T U R E FU T U R E ~ "' " FU T U R E "' FTR.J J ~ BL O C K 19 BL O C K 18 : ~ o. "'· BL O C K 17 ~ BLK lo "' "' "' I"' 16 1..,:· 13 . 5 0 13 . 5 0 13 . 5 0 ! .II 13.50 GA B L E H U R S T CR E S C E N T 1' Su b m i t t e d Pl a n FI L E No : P/ C A 77 / 1 5 to P/ C A 80 / 1 5 AP P L I C A N T : 23 6 4 7 2 2 On t a r i o In c . PR O P E R T Y DE S C R I P T I O N : Bl o c k 11 1 to 11 4 & Pa r t Bl o c k 11 5 , 40 M 1 3 9 0 & Bl o c k s 16 to 1 9 on Draft Approved Plan of Su b d i v i s i o n SP 20 1 3 - 0 2 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:J~ne 5, 201s-~ I I FR O N T (S O U T H ) EL E V A T I O N FR O N T (S O U T H ) EL E V A T I O N Ci t y De v e l o p m e n t De p a r t m e n t Su b m i t t e d Pl a n FI L E No : P/ C A 77 / 1 5 to P/ C A 80 / 1 5 AP P L I C A N T : 23 6 4 7 2 2 On t a r i o In c . PR O P E R T Y DE S C R I P T I O N : Bl o c k 11 1 to 11 4 & Pa r t Bl o c k 11 5 , 40 M 1 3 9 0 & Bl o c k s 16 to 1 9 on Draft Approved Plan of Su b d i v i s i o n SP 20 1 3 - 0 2 FU L L SC A L E CO P I E S OF - T H 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: June 4, 2015 SO U T H (F R O N T ) EL E V A T I O N SO U T H (F R O N T ) EL E V A T I O N Ci t y De v e l o p m e n t De p a r t m e n t Su b m i t t e d Pl a n FI L E No : P/ C A 77 / 1 5 to P/ C A 80 / 1 5 AP P L I C A N T : 23 6 4 7 2 2 On t a r i o In c . PR O P E R T Y DE S C R I P T I O N : Bl o c k 11 1 to 11 4 & Pa r t Bl o c k 11 5 , 40 M 1 3 9 0 & Bl o c k s 16 to 19 on Draft Approved Plan of Su b d i v i s i o n SP 20 1 3 - 0 2 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: June 4, 2015 ...... 32 From: Subject: Applications Report to Committee of Adjustment Application Numbers: PICA 81/15 & PICA 82/15 Meeting Date: June 24, 2015 Melissa Markham, MCIP, RPP Principal Planner-Development Review Committee of Adjustment Applications PICA 81/15 & PICA 82/15 A. Jervis & T. Stojanovski 1249 Bayview Street PICA 81115 (Part 1, 40R-25735) The applicant requests relief from Zoning By-law 2511, as amended by By-law 4139/92: -• to permit a maximum building height of 8.4 metres; whereas the by-law permits a maximum building height of 7.5 metres • to permit an uncovered platform (deck) to project a maximum of 1.8 metres into the required rear yard; whereas the by-law does not permit uncovered steps and/or platforms to project into the required rear yard PICA 82115 (Part 2, 40R-25735) The applicant requests relief from Zoning By-law 2511, as amended by By-law 4139/92: • to permit a maximum building height of 8.4 metres; whereas the by-law permits a maximum building height of 7.5 metres • to permit an uncovered platform (deck) to project a maximum of 1.8 metres into the required rear yard; whereas the by-law does not permit uncovered steps and/or platforms to project into the required rear yard • to permit a minimum front yard depth of 3.8 metres; whereas the by-law requires a minimum front yard depth of 4.5 metres The applicant requests approval of these minor variance applications in order to permit the construction of a two-storey detached dwelling on the proposed severed and retained parcel related to a Region of Durham Land Division application LD 045/15. Recommendation PICA 81115 (Part 1, 40R-25735) The City Development Department considers a maximum building height of 8.4 metres and an uncovered platform (deck) to project a maximum of 1.8 metres into the required rear yard, to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances subject to the following conditions: Report PICA 81115 & PICA 82115 June 24, 2015 Page 2 1. That this variance applies only to the proposed lot configuration for the proposed severed parcel (Part 1) as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for Land Division Application LD 045/15 by April 22, 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 (Part 1) by June 23, 2017, or this decision shall become null and void. Recommendation PICA 82/15 (Part 2, 40R-25735) The City Development Department considers a maximum building height of 8.4 metres, an uncovered platform (deck) to project a maximum of 1.8 metres into the required rear yard, and a minimum front yard depth of 3.8 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 variances subject to the following conditions: 1. That this variance applies only to the proposed lot configuration for the proposed retained parcel (Part 2) as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for Land Division Application LD 045/15 by April22, 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 (Part 2) by June 23, 2017, 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- Medium Density Areas' within the Bay Ridges Neighbourhood. This property is also within the Bayview Street Rehabilitation Area of the Frenchman's Bay and Shoreline Community. Policies in the Official Plan support intensification and redevelopment of the subject lands. · The subject lands are currently zoned "S-SD-1" -Detached Dwellings and Semi-Detached Dwellings within Zoning By-law 2511, as amended by By-law 4139/92, which permits detached and semi-detached dwellings. 33 34 Report PICA 81/15 & PICA 82/15 June 24, 2015 Appropriateness of the Application Maximum Building Height Page 3 • the intent of the maximum building height of 7.5 metres is to minimize the visual impact of new buildings/development on the existing streetscape, ensure that new development is compatible with the surrounding residential neighbourhood, and to ensure new buildings do not obstruct views to Frenchman's Bay • the applicant is seeking to increase the height of the proposed dwellings to 8.4 metres in order to raise the basement to 0.9 of a metre above grade to accommodate the high water table due to the proximity to Frenchman's Bay • the subject lands are within an area which is in transition from older one-storey cottages to new two and three-storey dwellings along Bayview Street and Waterpoint Street • the existing height, built form, and massing along Bayview Street and the surrounding area varies from one-storey to three-storey residential dwellings • the proposed height of the dwellings will not alter the character of the neighbourhood or obstruct views as the properties directly to the east are permitted a greater maximum height than the subject lands . · • the proposed development is generally consistent with the established building height of the existing neighbourhood • staff are satisfied that the height of the proposed buildings are compatible with the existing pattern of development along Bayview Street • the requested variance is appropriate for the development of the subject lands as the height and massing of the proposed dwellings will be compatible with the existing built form along Bayview Street · · • staff are of the opinion that the requested variance is minor in nature, desirable for the appropriate development of the land and maintain the purpose and intent of the Official Plan and Zoning By-law Deck Projecting into the Required Rear Yard • the intent of this provision is to ensure an adequate amenity space is provided within the rear yard, appropriate setbacks are provided to protect the privacy. of abutting property owners and allow appropriate access for maintenance, lot grading and drainage • the proposed platforms (decks) will be uncovered and will project a maximum of 1.8 metres into the required rear yard • sufficient side and rear yard setbacks will be provided for maintenance, lot grading and drainage • the proposed platforms (decks) will maintain an adequate outdoor private amenity area within the rear yard • the proposed platforms (decks) will have minimal impact on the privacy of abutting property owners • staff are of the opinion that the requested variance is minor in nature, desirable for the appropriate development of the property, and maintains the intent of the Pickering Official Plan and Zoning By-law Report PICA 81115 & PICA 82115 Front Yard Depth Variance June 24, 2015 Page4 • the intent of a minimum required front yard setback is to ensure that an adequate landscape area, parking area, and separation distance is provided between dwellings and the front lot line • the by:.law requires that where there are no other dwelling units fronting the same street on either side of a lot, the minimum front yard depth shall be 4.5 metres, if there are dwelling units fronting the same street on either side the minimum front yard depth shall be the average of the depths of those dwellings • Part 2 is adjacent to Part 1 and is currently vacant; therefore, the minimum front· yard depth for Part 2 is 4.5 metres • the average minimum front yard depth between Part 1 and the existing dwelling located to the west of the subject lands (1247A Bayview Street) is 3.8 metres; therefore the minimum front yard depth for Part 2 is 3.8 metres, which currently complies with the zoning by-law • the applicant is requesting to reduce the front yard depth for Part 2 to 3.8 metres to maintain the same front yard depth as Part 1 • the reduced front yard depth to the proposed garage will still maintain an adequate landscaped area and a parking area within the front yard • the reduced setback is generally in keeping with the established front yard setbacks and streetscape along Bayview Street • staff are of the opinion that the requested variance to reduce the front yard depth is minor in nature and maintains the intent and purpose of the Official Plan and Zoning By-law Date of report: June 18, 2015 Comments prepared by: L2s(PA Lalita Paray, MCI~, RPP Planner I LP:MM:Id ftl/ 1 1 FYI]ctJJrvll" Melissa ~arkham, MCIP, RPP Principal Planner-Development Review J:\Documents\Oevelopment\D-3700\2015\PCA 81·15 & PCA 82·15\Report\PCA 81·15 & PCA 82·15.doc Enclosures 35 36 FRENCHMAN'S BAY STRE Location Map FILE No: P/CA 81/15 & PICA 82/15 APPLICANT: A. Jervis & T. Stojanovski City Development Department PROPERTY DESCRIPTION: Lot 34, Plan M90 (1249 Bayview Street) DATE: June 1, 2015 SCALE 1 :5,000 PN-3 BAYVIEW STREET J.6m 7.6m &3~ ~ PICA 82115 ('I) -------To permit a minimum .1-.0 .6£L''t 1- ~ ! I! II IIIII E co ~ PROPOSED w TWOSTO.REY 2 !:l DWELLING b (PART 1) .;;J PICA 81115 i To permit an uncovered -t----.._ platform (deck) to project 1 ----., ~ a maximum of 1.8 LO metres into the required rear yard 1 7.8m . .. . . Submitted Plan FILE No: P/CA 81/15 & 82/15 ,6£L't i ! '~. ! i i ! ! ...... : ... ~ ........ ] ~ @ oii·,O II I'll '1 I II I ..... I PROPOSED TWO STOREY DWELLING (PART 2) E.~ 1'-- LO 7.4m APPLICANT: A. Jervis & T. Stojanovski front yard depth of 3.8 metres E N 1'--N PICA 82/15 To permit an uncovered platform (deck) to project a maximum of 1.8 metres into the req'uired rear yard ~ PROPERTY DESCRIPTION: Lot 34; Plan M90 (1249 Bayview Street) City Development' Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. I DATE: June 5, 2015 PICA 81/15 To permit a maximum height of 8.4 metres ·~ ~/ / ----f--- 1-'1--- 1-I--1-I--1-I--1-1-1- 76.91 m,, City Development Department ,, ~ f--f--f--f--1--- 1-1-1-1-f-1-f-I-I-I-~ I- ~~ I ~I 77.03 AVERAGE GRADE nAS FRONT (NORTH) ELEVATION Submitted Plan FILE No: P/CA 81/15 APPLICANT: A. Jervis & T. Stojanovski PROPERTY DESCRIPTION: Lot 34, Plan M90 (1249 Bayview Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING. CITY DEVELOPMENT DEPARTMENT DATE: June 5, 2015 ~ ~~ ......,_"-.. .d-: ~~ v ~ r--r--1-1-1- ------- 76.91 DD11 .. . . . . r--1-1-1-I::= ~ I ~ f-!---r----f---f---- f-f-f-r-r-r-r- fii~,.-- I n.oJ REAR (SOUTH) ELEVATION Submitted Plan FILE No: P/CA 82/15 PICA 82/15 To permit a maximum height of 8.4 metres FRONT (NORTH) ELEVATION APPLICANT: A. Jervis & T. Stojanovski E '¢' co AVERAGE GRADE 77.45 PROPERTY DESCRIPTION: Lot 34, Plan M90 (1249 Bayview Street) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: June 5, 2015 ~ 0" .............. // ~ ...... ~ ...... /v ~ _I ~ II ~ ~ L§IL§I IHI ~D llflllfll ~ DO ii!JJ lYI __!;;; ==== .. SIDE (EAST) ELEVATION Submitted Plan FILE No: P/CA 82/15 APPLICANT: A. Jervis & T. Stojanovski PROPERTY DESCRIPTION: Lot 34, Plan M90 (1249 Bayview Street) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 5, 2015 From: Subject: Application Melissa Markham; MCIP, RPP Report to Committee of Adjustment Application Number: PICA 83/15 Meeting Date: June 24, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 83/15 J. Murray 1751 Appleview Road The applicant requests relief from Zoning By-law 3036, as amended, to permit a 79.5 square metre accessory building (detached garage) in the front yard; whereas the by-law requires all accessory buildings, which are not part of the main building, to be erected in the rear yard. The applicant requests approval of this minor variance application in order to obtain a building permit to construct a 79.5 square metre detached garage in the front yard. Recommendation The City Development Department considers a 79.5 square metre accessory building (detached garage) in the front yard, to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance applies only to the proposed detached garage, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant submit a detailed grading plan to the satisfaction ofthe City of Pickering, which includes information related to the removal or preservation of the existing trees/bushes and retaining wall. 3. That the applicant obtain a building permit for the proposed detached garage by June 23, 2017, 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 Areas' within the Dunbarton Neighbourhood. The subject property is currently zoned "R3" -Third Residential Zone within Zoning By-law 3036, as amended. 41 42 Report PICA 83/15 June 24, 2015 Page 2 Appropriateness of the Application Accessory Building to be located in the Front Yard • the intent of requiring accessory buildings to be located in the rear yard is to minimize their visual impact on the streetscape and to ensure that they act as accessory to the principal use of the property • the zoning by-law does not permit accessory structures in the front yard • the applicant is requesting to permit a 79.5 square metre detached garage in the front yard • the location of the main building on the subject property does not allow for a detached garage to be located in the side or rear yard, therefore the front yard is the most appropriate location for the detached garage · • the proposed detached garage will be accessory to the principal residential use of the property • the proposed detached garage will be setback approximately 17.6 metres from the front lot line, which exceeds the minimum required front yard setback of 7.5 metres • the proposed setback of the detached garage from the front property line will minimize the visual impact on the streetscape • the proposed garage would not obstruct access between the front and rear yard • the proposed garage will be compatible with the character of the surrounding 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 the Official Plan Input From Other Sources Engineering & Public Works • a detailed grading plan is required indicating proposed grades, slope of the driveway, existing property line grades, the existing retaining wall along the south property line and the existing trees/bushes • the detailed grading plan should also indicate whether or not the trees/bushes are to be removed and whether or not the retaining wall is to remain or be removed • staff is concerned that roof drainage from the structure will discharge onto the neighbouring property to the south Report PICA 83/15 Date of report: June 16, 2015 Comments prepared by: Amy Emm, MCIP, RPP Planner II AE:MM:Id June ?4, 2015 Page 3 Melissa Markham, MCIP, RPP Principal Planner-Development Review J:\Documents\Devetopment\0~3700 Committee of Adjustment (PCA Applications)\2015\PCA 83·15 Joseph Murray\Report\PCA 83-15.doc Enclosures 43 44 ST. PAULS ON THE HIL ANGLICAN CHURCH Me. City Development Department 11------------.jO 1-------< ~----------.je31-----,__j_-~..)/ 1--l-------------.jO::: 1------1-----J Location Map FILE No: P/CA 83/15 APPLICANT: J. Murray PROPERTY DESCRIPTION: Lot 36, Plan 1051 (1751 Appleview Road) Data Sources: Teranet Enterprises Inc. and its suppllers. All rights Reserved. Not a plan of survey. 2013 UF'AC and its suppliers. All rl hts Reserved. Not a lan of Surve • DATE: June 1, 2015 SCALE 1 :5,000 PN-7 I 0 < ( I ~-- - - - . . , - - - - - - - - - - · - .~1 - - - - - ; ; . ~ - - - - - - - - - - - l I \ 0 a: ~ w > w _ J a.. a.. <( I~ ~~ I I 17 . 6 m To pe r m i t a 79 . 5 sq u a r e me t r e ac c e s s o r y bu i l d i n g (d e t a c h e d ga r a g e } in th e fr o n t ya r d Su b m i t t e d Pl a n PR O P O S E D DE T A C H E D GA R A G E 44 . 0 m T" " " 12 . 2 m FI L E No : P/ C A 83 / 1 5 AP P L I C A N T : J. Mu r r a y EX I S T I N G TW O ST O R E Y DW E L L I N G E 0> c0 - - -- - - - - o - - - - - Ci t y De v e l o p m e n t De p a r t m e n t PR O P E R T Y DE S C R I P T I O N : L o t 36 , Pl a n 10 5 1 (1 7 5 1 Ap p l e v i e w Ro a d ) 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 . ~~ 31 \ I _j ~' 1 ' - - - - - -- 1' DATE: June 4, 2015c.n D D II U I £ ' J ~'-; - ' ~ ~ WE S T (F R O N T ) EL E V A T I O N Ci t y De v e l o p m e n t De p a r t m e n t NO R T H (S I D E ) 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 83 / 1 5 AP P L I C A N T : J. Mu r r a y PR O P E R T Y DE S C R I P T I O N : L o t 36 , Pl a n 10 5 1 (1 7 5 1 Ap p l e v i e w Ro a d ) 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 . (7) DATE: June 4, 2015 Ci t y De v e l o p m e n t De p a r t m e n t [J EA S T (R E A R ) EL E V A T I O N :; : : : : r T= ! ~ ~ ~ SO U T H (S I D E ) 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 83 / 1 5 AP P L I C A N T : J. Mu r r a y PR O P E R T Y DE S C R I P T I O N : L o t 36 , Pl a n 10 5 1 (1 7 5 1 Ap p l e v i e w Ro a d ) 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 CIT Y DE V E L O P M E N T DE P A R T M E N T . DATE: June 4, 2015.:..1 48 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 84115 Meeting Date: June 24, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 84/15 1199577 Ontario Ltd. 2035 Valley Farm Road The applicant requests relief from Zoning By-law 3036, as amended, to permit the enlargement of a lawful non-conforming building by 260 square metres for an addition to an existing dwelling. The applicant requests approval of this minor variance application to enlarge a lawful non-conforming building in order to obtain a building permit to construct an addition to an existing building currently used as a residential dwelling. Recommendation The City Development Department considers the enlargement of a lawful non-conforming building by 260 square metres for a one-storey addition 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 one-storey addition, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a permit from the Toronto and Region Conservation Authority for the garage addition by June 24, 2016. 3. That the applicant obtain a building permit for the proposed construction by June 23, 2017, or this decision shall become null and void. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject 'property as 'Urban Residential -Low Density Areas' and 'Open Space System -Natural Areas' within the Liverpool Neighbourhood. Existing lawful residential dwellings are permitted on the subject property. Report PICA 84/15 June 24, 2015 Page 2 The subject property is currently zoned "G" -Greenbelt within Zoning By-law 3036. Residential uses are not permitted in this zoning category, however Section 5.2 of Zoning By-law 3036 states that nothing in the by-law shall prevent the use of any building for any purpose prohibited by the by-law if such building was lawfully used for such purpose on the day of passing of the by-law so long as it continues to be used for that purpose. According to City records, the existing dwelling was constructed in 1954, prior to the passing of Zoning By-law 3037 (August 3, 1965) and has continued to be used for residential purposes, therefore the use complies with the zoning by-law. Appropriateness of the Application Enlargement ofa Legal Non-Conforming Use • Section 45 (2) of the Planning Act provides the Committee of Adjustment with the . authority to extend or enlarge buildings and structures if the use of the building or structure on the day the by-law was passed continued until the date of the application to the committee • the building and the residential use of the subject property existed and was lawfully used for such purposes prior to the passing of the existing zoning by-law • the owner is proposing a one-storey addition to an existing residential dwelling to enlarge the existing attached garage located on the north side of the dwelling • the existing dwelling and residential use of the subject property has been in existence since 1954 with no adverse impact on the surrounding community • staff considers the requested variance to permit an enlargement of the legal non-conforming building and use to be minor in nature and appropriate for the proposed development on the subject property Input From Other Sources Toronto Region and Conservation Authority (TRCA) Engineering & Public Works Date of report: June 18, 2015 ~~~;a~ed by: Lalita Paray, MCIP, RPP Planner I LP:MM:Id • has no objection to the new garage addition to the side of the existing dwelling • a permit will be required • no concerns Melissa Markham, MCIP, RPP Principal Planner-Development Review J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2015\PCA 84-151199577 Ontario Ltd\Report\PCA 84-14.doc Enclosures 49 50 CORRIDOR FINCH PARK Cm,"l~ ~ City Development Department Location Map FILE No: P/CA 84/15 APPLICANT: 1199577 Ontario Ltd. 0:: 0 0 0:: 0:: 0 u 0 0:: 0 >-::r:: PROPERTY DESCRIPTION:S Pt Lot 20, Con 2 (2035 Valley Farm Road) Data Sources: Teranet Enterprises Inc. and Its suppliers. All r-Ights Reserved. Not c plan of survey. 2013 MPAC end Its sup liers. All ri hts Reserved. Not a plan of Surve . DATE: June 1, 2015 SCALE 1 :5,000 PN-7 0 <( 0 a: ~ a: it >-w .....1 .....1 ;; ,E L() ) co '<D 18 20.1m To permit the enlargement of a lawful non-conforming building by 260 square metres for an addition to an existing dwelling RAIL PROPOSED GARAGE ADDITION N72'42'1 O"E Will-I Submitted Plan EXISTING SHED No. FILE No: P/CA 84/15 APPLICANT: 1199577 Ontario Ltd. LINK PROPERTY DESCRIPTION: S Pt Lot 20, Con 2 (2035 Valley Farm Road) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 5, 2015 EXISTING WEST (FRONT) ELEVATION PROPOSED WEST (FRONT) ELEVATION Submitted Plan FILE No: P/CA 84/15 APPLICANT: 1199577 Ontario Ltd. PROPERTY DESCRIPTION: S Pt Lot 20, Con 2 (2035 Valley Farm Road) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 5, 2015