HomeMy WebLinkAboutNovember 18, 2015-------------------------
Committee of Adjustment
Agenda
Cttq o~
Meeting Number: 16
Date: Wednesday, November 18, 2015
(I)
(II)
(II I)
(IV)
Adoption of Agenda
Committee of Adjustment
Agenda
Wednesday, November 18, 2015
7:00pm
Main Committee Room
Page Number
Adoption of Minutes from October 28, 2015 1-6
Reports
1. Deferred at the October 28, 2015 meeting 7-11
PICA 106115
J. Lynch
1971 Bowler Drive
2. PICA 108115 12-17
G. Scholyar
2250 Highway 7
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:
David Johnson -Chair
Eric Newton
Denise Rundle
Sean Wiley
Also Present:
Melissa Markham, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Absent:
Tom Copeland-Vice-Chair
(I) Adoption of Agenda
Moved by Eric Newton
Seconded by Sean Wiley
Committee of Adjustment
Meeting Minutes
Wednesday, October 28, 2015
7:00pm
Main Committee Room
. That the agenda for the Wednesday, October 28, 2015 meeting be adopted.
(II) Adoption of Minutes·
Moved by Eric Newton
Seconded by Denise Rundle
Carried Unanimously
That the minutes of the 14th meeting of the Committee of Adjustment held
Wednesday, October 7, 2015 be adopted.
Carried Unanimously
Page 1 of 6
1
2 Committee of Adjustment
(Ill) Reports
1. PICA 106/15
J. Lynch
1971 Bowler Drive
Meeting Minutes
Wednesday, October 28, 2015
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036, as amended by By-law
4402/73 and By-law 843/78, to recognize an existing accessory structure (shed)
greater than 1.8 metres in height to be setback a minimum 'Of 0.1 of a metre from
the. rear lot line and 0.2 of a metre from the south side lot line; whereas the by-law
requires all 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 variance in order to recognize the
location of an existing accessory building (shed) in the rear yard.
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending refusal.
Written comments were received from the City's Engineering & Public Works
Department stating that staff does not support the requested variance.
Engineering standards state that a minimum of 0.6 of a metre from the property
line is to remain undisturbed when any changes in grading take place, this is to
allow proper drainage of rainwater and to provide for a drainage swale to direct
water either to the front or the rear of the property.
Written comments were also received from M. Stephens, previous owner of
1971 Bowler Drive, Gary Arnold and Heather Jefferys of 1973 Bowler Drive and
David Bryans of 1969 Bowler Drive stating no objections to the requested
variance.
Jeanette Lynch, owner, was present to represent the application. Gary Arnold of
1973 Bowler Drive and Tricia Chin of 1978 Bowler Drive were present in favour
of the application. Brian Snook of 1245 Lutterworth Court and Margaret Schaefer
of 1244 Lutterworth Court were present in objection to the application.
Jeanette Lynch indicated that the original shed on the property needed to be
replaced due to safety concerns, and the new shed was installed on the same
footprint. She stated that the new shed was constructed further away from the
fence, without it interfering with the electrical and pool equipment.
Page 2 of 6
Committee of Adjustment
Meeting Minutes
Wednesday, October 28, 2015
7:00pm
Main Committee Room
Gary Arnold spoke in favour of the variance. He stated that there are other
sheds in the surrounding neighbourhood in violation to the same by-law. Gary
Arnold spoke to comments previously submitted in support to the application.
Tricia Chin spoke in favour of the variance. She indicated the shed needed to be
replaced because the roof in the old shed was caving in.
Brian Snook spoke in opposition to the variance. He expressed a concern with
drainage in the rear yard of his property due to the landscape being altered on
the subject property.
Margaret Schaefer spoke in opposition to the variance. She expressed concern
with the grade being raised around the fence and the roofline of the new shed.
She stated that the applicant has hardscaped the entire backyard which adds to
the ongoing drainage issues in her backyard. She stated that the replacement
shed is oversized and all the water runs onto her property. Margaret Schaefer
provided pictures for the Committee Members to review.
A Committee Member asked the applicant if the shed could be moved and
whether an eaves trough could be installed on the shed.
In response to questions from Committee Members, Jeanette Lynch agreed to
install eaves troughs on the shed. She indicated that the shed has been
constructed as far away from the fence as possible without having to relocate the
mechanical and piping for the pool currently located inside the shed. She stated
that the replacement of the shed took place in June 2015. Jeannette Lynch
advised the Committee Members that the previous owner approached the
neighbours to try and resolve the drainage issues and was declined. Jeanette
Lynch submitted comments from the City's Engin~ering & Public Works
Department dated October 28, 2015 for the Committee Members to review.
Moved by Eric Newton
Seconded by Sean Wiley
That application PICA 106/15 by J. Lynch, be Deferred to the next Committee of
Adjustment meeting to allow the Committee Members to visit the subject property
and 1244 Lutterworth Court.
Carried Unanimously
Page 3 of6
3
4 Committee of Adjustment
2. PICA 107/15
1864832 Ontario Limited
1300 Bayly Street
Meeting Minutes
VVednesday,October28,2015
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 2520, amended, in order to
obtain Site Plan Approval to construct a gas bar with an accessory retail store,
and an automatic car wash. The table below outlines the By-law requirements
and the requested variances:
By-law Requirement Relief Applied For
an automobile service station must to permit an automobile service contain, within an enclosed building, a station that does not contain minimum of two enclosed service bays enclosed service bays or a and one hydraulic hoist and does not hydraulic hoist and permits a gas permit a gas bar or an accessory retail bar and an accessory retail store store
minimum width of a lot for any automobile to permit a minimum width of a lot
for an automobile service station to service station shall be 38 metres be 37 metres
minimum front yard depth of 18.0 metres to permit a minimum front yard
depth of 3.0 metres
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending approval subject to conditions.
Sarj Me hat, owner, and Kevin Bechard, agent, were present to represent the
application. No further representation w9s present in favour of or in objection to
the application.
Kevin Bechard provided a history of the subject property and agrees with staff's
recommendations. Kevin Bechard stated there were similar Committee of
Adjustment applications approved on Liverpool Road and Krosno Boulevard.
In response to a question from a Committee Member, Sarj Mehat indicated no
tenant has been confirmed for the drive-through restaurant due to the length of
time it has taken for the site plan application.
Page 4 of6
Moved by Sean Wiley
Seconded by Denise Rundle
Committee of Adjustment
Meeting Minutes
Wednesday, October 28, 2015
. 7:00pm
Main Committee Room
That application PICA 107/15 by 1864832 Ontario Limited, be Approved on the
grounds to permit an automobile service station that does not contain enclosed
service bays or a hydraulic hoist and ·permit a gas bar with an accessory retail
store; a minimum width of a lot for an automobile service station to be 37 metres;
and, a minimum front yard depth of 3.0 metres, are minor in nature, desirable for
the appropriate development of the land, and in keeping with the general intent
and purpose of the Official Plan and the Zoning By-law, subject to the following
conditions:
1. That the variances apply only to the proposed, gas bar with an accessory
retail store, and automatic car wash, as generally sited and outlined on the
applicant's submitted plans.
2. · That the applicant obtain Site Plan Approval for the proposed gas bar with an
accessory retail store, and automatic car wash by April 30, 2016, or this
decision shall become null and void.
Carried Unanimously
Page 5 of6
5
6 Committee of Adjustment
Meeting Minutes
Wednesday, October 28, 2015
7:00pm
Main Committee Room
(IV) Adjournment
Date
Chair
Moved by Eric Newton
Seconded by Denise Rundle
That the 15th meeting of the 2015 Committee of Adjustment be adjourned at
7:41 pm, and the next meeting of the Committee of Adjustment be held on
Wednesday, November 18, 2015.
Carried Unanimously
Assistant Secretary-Treasurer
Page 6 of 6
From:
Subject:.
Application
Melissa Markham, MCIP, RPP
_ Report to
Committee of Adjustment
Applicc;ttion Number: PICA 106115
Meeting Date: November 18, 2015
(Deferred from the October 28, 2015)
Principal Planner-Development Review
Committee of Adjustment Application PICA 106115 -Revised
J. Lynch
1971 Bowler Drive
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4402173
and By-law 843178, to recognize an existing accessory structure (shed) greater than
1.8 metres in height to be setback a minimum of 0.1 of a metre from the rear lot line and
0.2 of a metre from the south side lot line; whereas the by-law requires all 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 variance in order to recognize the location of an
existing accessory building (shed) in the rear yard.
Recommendation
The City Development Department considers an existing accessory structure (shed) to
be setback a minimum of 0.1 of a metre from the rear lot line and 0.2 of a metre from
the south side lot line to be a major variance that is not considered to be desirable for
the appropriate development of the land, and not in keeping with the general intent and
purpose of the Zoning By-law, and therefore recommends Refusal of the proposed
variance.
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject property as Urban Residential -Low
Density Areas.
The subject property is currently zoned "SA"-Single Attached Dwelling within Zoning
By-law 3036, as amended by By-law 4402173 and By-law 843178.
7
8 Report PICA 1 06/15
Appropriateness of the Application
November 18, 2015
Page2
Reduction of the Minimum Setback Requirement for an Accessory Structure
• the intent of the minimum 1.0 metre setback requirement for accessory structures
greater than 1.8 metr~s in height is to ensure that adequate space is available for
maintenance, that the eaves/overhangs do not encroach on adjacent properties,
that roof drainage stays on the subject property, and that the visual impact on
adjacent properties is minimized
• the owner is requesting approval to allow for an existing shed in the rear yard to
be located 0.1 of a metre from the rear lot line and 0.2 of a metre from the south
side lot line
• the.existing pool and accessory structure (shed) were constructed in 1994 by the
previous home owner
• the owner has stated that the original shed was dilapidated and was replaced
with a new shed in the same location with similar dimensions (a height of
1.8 metres and a total area of 5.2 square metres)
• the current location of the shed appears to have a negative impact on the
adjacent neighbours and the existing drainage patterns for the subject lands
• the existing setbacks do not ensure that roof drainage stays on the subject
property and any proposed eaves/overhangs would encroach onto adjacent
properties
• staff is of the opinion that a minimum 0.6 metre setback from all property lines
would ensure adequate space is available for maintenance and that
eaves/overhangs would not encroach on adjacent properties, however the owner
has stated that due to the existing landscaping around the pool the shed cannot
be relocated
• there is an existing wood privacy fence that has been erected along the perimeter
of the rear yard, which minimizes the visual impact on adjacent property owners
• staff is of the opinion that the requested variance is not minor in nature, does not
meet the intent of the Zoning By-law, and is not desirable for the appropriate
development of the land
I \
Report PICA 106/15
Input From Other Sources
November 18, 2015
Page 3
Engineering & Public Works Department • staff does not support the requested
variance
M: Stephens
(previous owner of 1971 Bowler Drive)
G. Arnold and H. Jefferys
(1973 Bowler Drive)
D. Bryans (1969 Bowler Drive)
Date of report: November 12, 2015
Comments prepared by:
1) /
/
'1
r( '7
Lalit~ Paray, MCIP, RPP
Planner I
LP:MM:df
• engineering standards state that a
minimum 0.6 of a metre from the
property line is to remain undisturbed
when any changes in grading take
place
• the minimum distance of 0.6 of a metre
is to allow for the pro'per drainage of
rainwater and to provide for a drainage
swale to direct water either to the front
or rear of the property
• no objection to the proposal
• lived at 1971. Bowler Drive from
approximately 1992 until2010
• confirmed that he constructed the
original shed in 1994 in the south east
corner of the property
• no objection to the requested variance
• existing shed is located 0.1 of a metre
from their property line
• existing sheds in the area with similar
setbacks
• no objection to the requested variance
• existing sheds in the area with similar
setbacks
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
J:\Documents\Development\D-3700 Committee of Adjustment (PCAAppllcations)\2015\PCA 106-15 J. Lynch\Report\PCA 106_15.doc
Enclosures
9
10
VAUGHAN
·wiLLARD
PUBLIC
SCHOOL
Location Map
JOGUES
SEPARATE
SCHOOL
FILE No: P/CA106/15
APPLICANT: J. Lynch
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GLENDALE
PARK
City Development
Department
PROPERTY DESCRIPTION: Plan M1038 Pt Lot 443, 40R3922 part 3,10,14
(1971 Bowler Drive) DATE: Sept. 25, 2015
Dato Sources: Teronet Enterprises Inc. and Its suppliers. All rights Reserved. Not o plan of survey. 2013 MPAC and its supplii!rs. All nghts Reserved. Not o pion of Survey. SCALE 1:5,000 PN-12
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City Development
Department
Submitted Plan
FILE No: P/CA 106/15
APPLICANT: J. Lynch
to recognize an existing
accessory structure (shed) greater
than 1.8 metres in height to be.
setback a minimum of 0.1 of a
metre from the rear lot line and 0.2
()fa metre from the south side lot
line
EXISTING·
SHED
E N
0
·1'
"'
PROPERTY DESCRIPTION: Plan M1038 Pt Lot 443, 40R3922 part 3,10,14
(1971 Bowler Drive)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWlNG AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE:" Oct. 9, 2015
11
12
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 108115
Meeting Date: November 18, 2015
Principal Planner-Development Review
Committee of Adjustment Application PICA 108115
G. Scholyar.
2250 Highway 7, Greenwood .
The applicant requests relief from Zoning By-law 3037,as amended, in order to obtain
Site Plan Approval to construct a canopy over existing fuel pumps associated with a
legal non-conforming use (service station, automobile repair shop and convenience
store) on the subject property. The requested variance is to permit a minimum front
yard depth of 3.0 metres; whereas the by-law requires a minimum front yard depth of
12.0 metres.
Recommendation
The City Development Department considers the requested variance to permit a
minimum front yard depth of 3.0 metres, to be minor in nature and desirable for the
appropriate development of the land, and therefore recommends Approval of the
proposed variance, subject to the following conditions:
1. That the variance apply only to a proposed canopy over existing fuel pumps
associated with the legal non-conforming use (service station, automobile repair
shop and convenience store) on the subject property, a$ generally sited and outlined
on the applicant's submitted plans.
2. That the applicant obtain Site Plan Approval for the proposed canopy by
November 18, 2016, or this decision shall become null and void.
Comment
Official Plan and Zoning By-law
The subject property is designated "Open Space System -Natural Areas" in the Official
Plan.
The subject property is currently zoned "A"-Rural Agricultural under Zoning
By-law 3037, as amended.
Report PICA 108/15 November 18, 2015
Page2
The subject property is also located within Minister's Zoning Order 1 (MZ0#1 ). The
subject property has a site-specific Ontario Regulation Amendment (0. Reg. 311/83),
which permits only agricultural uses, the continuance of an existing detached dwelling,
and an automobile service station and building and structures accessory to those uses.
Appropriateness of the Application
Front Yard Setback Variance of a Legal Non-Conforming Use
• the intent of a minimum front yard setback is to provide an adequate separation
distance between buildings and street activity
• the applicant is proposing to construct a canopy over existing fuel pumps
associated with a 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 service station, automobile repair shop and convenience
store uses on the property existed and were lawfully used for such purposes prior
to the passing of the existing zoning by-law
• the applicant is requesting a reduction in the required front yard setback from
12.0 metres to 3.0 metres for a proposed canopy to be constructed over existing
fuel pumps located in the front yard
• the proposed canopy over existing fuel pumps, will be setback a minimum of 3.0
metres from Highway 7
• the requested variance to reduce the front yard setback will provide an
appropriate separation distance from Highway 7
• the requested variance to reduce the minimum front yard setback of a legal non-
conforming use is considered to be minor in nature and desirable for the
appropriate development on the subject property
Input From Other Sources
Ministry of Municipal Affairs
and Housing
Ministry of Transportation (MTO)
• ·no concerns with respect to the Minister's
Zoning Order, Ontario Regulation 102/77 as
amended by 0. Reg. 311/83
• an MTO Building & Land Use Permit and
.Entrance Permit will be required for the
proposed works
• the applicant has obtained a Building and
Land Use Permit from the Ministry of
Transportation, dated October 14, 2015 and
expires on April 8, 2016
13
14 Report PICA 108/15
Date of report: November 12, 2015
Comments prepared by:
Amy Emm, MCIP, RPP
Planner II
AE:MM:Id
J:\Documents\Development\0-3700\2015\PCA 1 08-15\Report\PCA 1 08-15.docx
Enclosures
November 18, 2015
Page 3
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
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City Development
Department
SUB~ECT PROPERTY
I
Lo.cation Map
FILE No: P/CA 108/15
APPLICANT: G. Scholyar
PROPERTY DESCRIPTION:Con 6 S. Pt. Lot 13, 40R-20455 Parts 1-6
(2250 Highway 7) DATE: Oct 28, 2015
Data Sources: !.;~ Teranet Enterprises Inc. ~nd Its euppllera. All rlghta Reeerved. Not a ~l_an of survey. !5 2013 MPAC and Ita liiiUDDilere. All rlohta Reserved. Not a olon of Survey. SCALE 1 :5,000 IPN-RU
15
City Development
Department
To permit a minimum front yard
depth of 3.0 metres
Submitted Plan
FILE No: P/CA 108/15
APPLICANT: G. Scholyar
PROPERTY DESCRIPTION: Con 6 S. Pt. Lot 13, 40R-20455 Parts 1-6
(2250 Highway 7)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Oct. 30, 2015
I]
Elb I ~:~ I' ..ns E,
, +I ! . ~I
City Development
Department
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1
NORTH c~t,~ELEVATION
WEST CANOPY ELEVATION
Submitted Plan
FILE No: P/CA 108/15
APPLICANT: G. Scholyar
PROPERTY DESCRIPTION: Con 6 S. Pt. Lot 13, 40R-20455 Parts 1-6
(2250 Highway 7)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Oct. 30,2015
17