HomeMy WebLinkAboutJanuary 27, 2016Committee of Adjustment
Agenda
Meeting Number: 1
Date: Wednesday, January 27, 2016
(I)
(II)
(II I)
(IV)
Adoption of Agenda
Committee of Adjustment
Agenda
Wednesday, January 27, 2016
7:00pm
Main Committee Room
Page Number
Adoption of Minutes from December 9, 2015 1-8
Reports
1. (Deferred from the December 9, 2015 meeting) 9-17
PICA 100115
D. Rinneard
5034 Wixson Street
2. (Deferred from the December 9, 2015 meeting) 18-23
PICA 113115
J., R., & J. Mayo
773 Aspen Road
3. PICA 01116 24-28
D. Oates & N. Cameron-Cates
197 4 Glendale Drive
4. PICA 02116 29-34
Altona Road Subdivision Ltd.
1870 Altona 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
Eric Newton
Denise Rundle
Also Present
Melissa Markham, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Absent:
David Johnson -Chair
Sean Wiley
(I) Adoption of Agenda
Moved by Eric Newton
Seconded by Denise Rundle
Committee of Adjustment
Meeting Minutes
Wednesday, December 9, 2015
7:00pm
Main Committee Room
That the agenda for the Wednesday, December 9, 2015 meeting be adopted.
(II) Adoption of Minutes
Moved by Eric Newton
Seconded by Denise Rundle
Carried Unanimously
That the minutes of the 16th meeting of the Committee of Adjustment held
Wednesday, November 18, 2015 be adopted.
Carried Unanimously
Page 1 of 8
1
2
(Ill)
1.
Reports
PICA 100/15
D. Rinneard
5034 Wixson Street
Committee of Adjustment
Meeting Minutes
Wednesday, Dec-ember 9, 2015
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 3037, as amended:
Relief Applied For By-law Requirement
to permit a maximum lot coverage of maximum lot coverage of all accessory
all accessory buildings, excluding buildings, excluding private detached
private detached garages, to be garages, shall not exceed 5 percent of
9 percent the lot area
to recognize an existing front yard minimum front yard setback of
setback of 6.6 metres (Building 1) 9.0 metres
to recognize an existing unenclosed uncovered steps or platforms not
covered porch projecting a maximum exceeding 1.0 metre in height above
of 2.0 metres into the required front grade may project a maximum of
yard (Building 1) 1.5 metres into the required front yard
to permit an existing accessory accessory dwelling unit shall mean one
dwelling unit contained within an self-contained dwelling unit contained
accessory building (Building 2) within a permitted detached dwelling or
semi-detached dwelling
to permit an existing accessory all accessory buildings which are not
building to be partially located in the part of the main building shall be
side yard (Building 2) erected in the rear yard
to permit an existing accessory accessory buildings greater than
building to be set back 0.4 of a metre 10.0 square metres in area shall be set
from the south side lot line back a minimum of 1.0 metre from all lot
(Building 2) lines
to permit an existing accessory no accessory building shall exceed a
building with a maximum height of height of 3.5 metres in any residential
4.3 metres (Building 2) zone
Page 2 of 8
Relief Applied For
to permit an existing accessory
building to be set back 0.3 of a metre
from the rear lot line and 0.6 of a
metre from the south side lot line
(Building 3)
to permit an accessory building with a
maximum height of 5.1 metres
(Building 4)
to permit an existing accessory
building to be set back 0.6 of a metre
from the rear lot line (Building 4)
Committee of Adjustment
Meeting Minutes
Wednesday, December 9, 2015
7:00pm
Main Committee Room
By-law Requirement
accessory buildings greater than
10.0 square metres in area shall be set
back a minimum of 1.0 metre from all lot
lines
no accessory building shall exceed a
height of 3.5 metres in any residential
zone
accessory buildings greater than
10.0 square metres in area shall be set
back a minimum of 1.0 metre from all lot
lines
The applicant requests approval of this minor variance application to permit an
existing accessory dwelling unit to be located within an accessory building,
recognize existing setbacks to the main dwelling and accessory buildings and to
obtain a building permit to construct an addition to an existing accessory building
(detached garage).
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending deferral. Written comments were
received from the City's Engineering & Public Works Department expressing no
objection to the proposal.
Written comments were also received from the Region of Durham Environmental
Health Division indicating the existing private sewage disposal system intended
to serve the additional dwelling unit in Building 2 is not in compliance with the
current Ontario Building Code, and the septic tank and leaching bed would
require replacing/upgrading and there is limited space available on the property
for a prime and reserve area.
Duff Rinneard, 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 Denise Rundle
That application PICA 100/15 by D. Rinneard, be Deferred to allow the applicant
to revise the application to increase the requested maximum height of Building 4
to 5.5 metres, and to include a variance to increase the maximum lot coverage to
24 percent.
Carried Unanimously
Page 3 of 8
3
4
2. PICA 110115
Fortress Munir 2013 Ltd.
2055 Brock Road
Committee of Adjustment
Meeting Minutes
Wednesday, December 9, 2015
7:00pm
Main Committee Room
The applicant requests relief from the following provisions of Zoning By-law 3036,
as amended by By-law 7085110, to permit a minimum of 68 percent of the length
of a build-to-zone to contain a building or part of a building; whereas the by-law
does not permit a building, part of a building, or structure to be erected within the
"RHIMU-3" zone unless a minimum of 85 percent of the length of the build-to-zone
contains a building or part of a building.
The applicant requests approval of this minor variance application in order to
achieve zoning compliance and obtain a building permit for a new commercial
building.
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.
Paul Demczak, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Paul Demczak stated this is the same application that has been before the
Committee two years ago and agrees with staff recommendations. In response
to a question from a Committee Member, Paul Demczak stated that a building
permit has not been applied for however Site Plan approval has been obtained.
Moved by Eric Newton
Seconded by Denise Rundle
That application PICA 110115 by Fortress Munir 2013 Ltd., be Approved on the
grounds that the minimum of 68 percent of the length of the build-to-zone to
contain a building or part of a building is minor in nature and 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 commercial building, as
generally sited and outlined on the applicant's submitted plans.
Page 4 of 8
Committee of Adjustment
Meeting Minutes
Wednesday, December 9, 2015
7:00pm
Main Committee Room
2. That the applicant obtain a building permit for the proposed development by
December 8, 2017, or this decision shall become null and void.
3. PICA 112115
A. Nisar
539 Park Crescent
Carried Unanimously
The applicant requests relief from Zoning By-law 2511, as amended:
• to recognize an existing lot frontage of 12.2 metres, whereas the by-law
requires a minimum lot frontage of 15.0 metres
• to permit a minimum side yard width of 1.2 metres, whereas the by-law
requires a minimum side yard width of 1.5 metres
• to permit a maximum lot coverage of 39 percent, whereas the by-law permits
a maximum lot coverage of 33 percent
The applicant requests approval of this minor variance application in order to
obtain .a building permit to construct a two-storey detached dwelling on an
existing non-conforming lot.
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 the owner will need to demonstrate
compliance with the Ontario Building Code spatial separation requirements
through calculations and drawing submission at the time of building permit
application.
Nadeem lrfran, 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 112115 by A. Nisar, be Approved on the grounds that an
existing lot frontage of 12.2 metres, a minimum side yard width of 1.2 metres,
and a maximum lot coverage of 39 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 5 of 8
5
6
1.
2.
3.
Committee of Adjustment
Meeting Minutes
Wednesday, December 9, 2015
7:00pm
Main Committee Room
That this variance apply only to the proposed two-storey detached dwelling,
as generally sited and outlined on the applicant's submitted plans.
That the applicant obtain a demolition permit for the removal of any existing
structures on the property, including the existing dwelling and accessory
structure (shed) as generally sited and outlined on the applicant's submitted
plan.
That the applicant obtain a building permit for the proposed construction by
December 9, 2016, or this decision affecting the minimum side yard width
and maximum lot coverage shall become null and void.
Carried Unanimously .
4. P/CA113/15
J., R. & J. Mayo
773 Aspen Road
The applicant requests relief from Zoning By-law 3036, as amended by
By-law 4407/73 and By-law 113/7 4:
• to permit a covered platform (deck) to project a maximum of 1.5 metres into
the required rear yard, whereas the by-law permits uncovered steps or
platforms, not exceeding 1.0 metre in height above grade to project a
maximum of 1.5 metres into the required rear yard
• to permit a partially covered platform (deck) to project a maximum of 5.3 metres
into the required rear yard, whereas the by-law permits uncovered steps or
platforms, not exceeding 1.0 metre in height above grade to project a
maximum of 1.5 metres into the required rear yard
• to permit a maximum lot coverage of 40 percent, whereas the by-law permits
a maximum lot coverage of 33 percent
The applicant requests approval of these variances in order to recognize an
existing covered deck and to permit a partially covered platform (deck) 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 objection to the proposed variances.
Page 6 of 8
Committee of Adjustment
Meeting Minutes
Wednesday, December 9, 2015
7:00pm
Main Committee Room
Jameson Correa, owner, was present to represent the application. John Sparks
of 776 Pebble Court was present in objection to the application.
In response to questions from Committee Members, Jameson Correa stated the
cover over the hot tub is not a solid roof, he also stated they will not be planting
trees in thereat yard.
John Sparks expressed a concern with the removal of trees in the rear yard and
that the lot coverage appears to be more than 40 percent.
In response to a question from a Committee Member, the Secretary-Treasurer
provided clarification on how lot coverage is calculated within the Zoning By-law.
The Secretary-Treasurer also stated a building permit will be required to ensure
the proposed partially covered deck is built in accordance with the Building Code.
Moved by Eric Newton
Seconded by Denise Rundle
That application PICA 113/15 by J., R. & J. Mayo, be Deferred to the next
Committee of Adjustment meeting to allow the Committee Members to visit the
subject property.
(IV) Other Business
1. Adoption of 2016 Meeting Schedule
Moved by Denise Rundle
Seconded by Eric Newton
Carried Unanimously
That the Committee of Adjustment Meeting Schedule for 2016 be adopted as
amended.
Carried Unanimously
2. Appointments of Chair and Vice-Chair
Moved by Denise Rundle
Seconded by Eric Newton
That appointments of Chair and Vice-Chair for the 2016 term be Deferred until
the next Committee of Adjustment meeting.
Carried Unanimously
Page 7 of 8
7
8
M Acknowledgement
Committee of Adjustment
Meeting Minutes
Wednesday, December 9, 2015
7:00pm
Main Committee Room
Tom Copeland, Vice-Chair, noted this was the last meeting of the year and
thanked the Committee Members and City staff for their support throughout the
year.
(VI) Adjournment
Date
Moved by Eric Newton
Seconded by Denise Rundle
That the 17th meeting of the 2015 Committee of Adjustment be adjourned at
7:42 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, January 27, 2016.
Carried Unanimously
Vice-Chair
Assistant Secretary-Treasurer
Page 8 of 8
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 100115
Meeting Date: January 27, 2016
Principal Planner-Development Review
Committee of Adjustment Application PICA 100115
D. Rinneard
5034 Wixson Street
The applicant requests relief from Zoning By-law 3037, as amended:
• to permit a maximum lot coverage of 24 percent; whereas the by-law permits a
maximum lot coverage of 20 percent.
• to permit a maximum lot coverage of all accessory buildings, excluding private
detached garages, to be 9 percent of the lot area; whereas the by-law permits a
maximum lot coverage of all accessory buildings, excluding private detached
garages, to be 5 percent of the lot area
• to recognize an existing front yard setback of 6.6 metres (Building 1 ); whereas the
by-law permits a minimum front yard setback of 9.0 metres
• to recognize an existing unenclosed covered porch projecting a maximum of
2.0 metres into the required front yard (Building 1 ); whereas the by-law permits
uncovered steps or platforms not exceeding 1.0 metre in height above grade to
project a maximum of 1.5 metres into the required front yard
• to permit an existing accessory dwelling unit contained within an accessory building
(Building 2); whereas the by-law states that an accessory dwelling unit shall mean
one self contained dwelling unit contained within a permitted detached dwelling or
semi-detached dwelling
• to permit an existing accessory building (Building 2) to be partially located in the 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
• to permit an existing accessory building (Building 2) to be set back 0.4 of a metre
from the south side lot line; whereas the by-law permits accessory buildings greater
than 10.0 square metres in area to be set back a minimum of 1.0 metre from all lot
lines
• to permit an existing accessory building (Building 2) with a maximum height of
4.3 metres; whereas the by-law states that no accessory building shall exceed a
height of 3.5 metres in any residential zone
9
10 Report PICA 1 00/15 January 27, 2016
Page2
• to permit an existing accessory building (Building 3) to be set back 0.3 of a metre
from the rear .lot line and 0.6 of a metre from the south side lot line; whereas the
by-law permits accessory buildings greater than 10.0 square metres in area to be set
back a minimum of 1.0 metre from all Jot lines
• to permit an accessory building (Building 4) with a maximum height of 5.5 metres;
whereas the by-Jaw states that no accessory building shall exceed a height of
3.5 metres in any residential zone
• to permit an existing accessory building (Building 4) to be set back 0.6 of a metre
from the rear Jot line; whereas the by-Jaw permits accessory buildings greater than
10.0 square metres in area to be set back a minimum of 1.0 metre from all lot lines
The applicant requests approval of this minor variance application to permit an
accessory dwelling unit to be located within an accessory building, an increase in
maximum Jot coverage and maximum lot coverage of all accessory buildings, and
recognize existing setbacks to the main dwelling and accessory buildings and to obtain
a building permit to construct an addition to an existing accessory building (detached
garage).
Recommendations
The City Development Department considers an increase in maximum Jot coverage to
24 percent of the lot area and a maximum Jot coverage of all accessory buildings,
excluding private detached garages, to be 9 percent of the Jot area 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-Jaw, and therefore
recommends Approval of the proposed variances, subject to the following condition:
1. That these variances apply only to .the Jot and structures, as generally sited and
outlined on the applicant's submitted plans.
And
Building 1
The City Development Department considers an existing front yard setback of 6.6 metres
and an existing unenclosed covered porch projecting a maximum of 2.0 metres into the
required 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 variances,
subject to the following condition:
1. That these variances apply only to the existing building (Building 1), as generally
sited and outlined on the applicant's submitted plans.
And
Report PICA 100/15
Building 2
January 27, 2016
Page 3
The City Development Department considers an existing accessory building partially
located in the side yard, set back 0.4 of a metre from the south side lot line, with a
height of 4.3 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 these variances apply only to the existing accessory building (Building 2), as
generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit to reflect the building construction of
Building 2 by January 27, 2017, or this decision shall become null and void.
And
Building 3
The City Development Department considers an existing accessory building set back
0.3 of a metre from the rear lot line and 0.6 of a metre from the south 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
condition:
1. That the variance apply only to the existing accessory building (Building 3), as
generally sited and outlined on the applicant's submitted plans.
And
Building 4
The City Development Department considers an existing accessory building set back
0.6 of a metre from the rear lot line having a height of 5.5 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 variances, subject to the following condition:
1. That these variances apply only to the portion of Building 4 currently existing and not
the proposed garage addition, as generally sited and outlined on the applicant's
submitted plans.
And
The City Development Department considers a maximum height of 5.5 metres for an
addition to an existing accessory building 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.
1 1
12 Report PICA 100/15
And
January 27, 2016
Page4
The City Development Department considers an existing accessory dwelling unit
contained within an accessory building (Building 2) 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 Rural Settlements -Oak
Ridges Moraine Rural Hamlets
The subject property is currently zoned "ORM-R5" -Oak Ridges Moraine -Hamlet
Residential Five within Zoning By-law 3037, as amended.
Appropriateness of the Application
Existing Front Yard Depth, Covered Porch, Side Yard Widths, Height and Location of
Accessory Building in the Side Yard
• the general intent of performance standards in a zoning by-law is to ensure that
buildings maintain appropriate height, massing and setbacks that are
complimentary to the character of the surrounding neighbourhood
• existing Buildings 1, 2, and 4 were constructed on the subject lands in 1907
• existing Building 3 was constructed on the subject lands by a previous owner
in 1977
• the existing buildings maintain appropriate height, massing and setbacks that are
that are in keeping with the hamlet's historical character
• the requested variances are minor in nature, desirable for the appropriate
development of the property and maintains the purpose and intent of the Official
Plan and Zoning By-law
Lot Coverage and Lot Coverage of Accessory Buildings Variances
• the intent of the maximum lot coverage requirement of 20 percent and the ·s percent
maximum coverage for accessory buildings is to maintain an appropriate amount
of amenity area uncovered by buildings on a lot and to ensure the massing, scale
and size of buildings are appropriate for the size of the lot
• the proposed lot coverage of 9 percent for the accessory buildings is an existing
condition
• two of the existing accessory buildings (Buildings 2 and 4) were constructed
in 1907
• the applicant is proposing to increase in overall lot coverage to 24 percent, to
accommodate the proposed addition to Building 4 (detached garage)
• an adequate amount of outdoor amenity area is maintained as uncovered by
buildings on the subject property
Report PICA 1 00/15 January 27, 2016
Page 5
• the overall size, scale and massing is appropriate and the existing accessory
buildings appear to have no adverse impact on the surrounding neighbours or
character of the neighbourhood
• the requested lot coverage variance is minor in nature and meets the intent and
purpose of the Official Plan and the Zoning By-law
Existing Accessory Dwelling Unit Contained within an Accessory Building (Building 2)
• the intent of defining "Accessory Dwelling Unit" is to permit an additional dwelling
unit within the primary dwelling on a lot
• the applicant is requesting to permit an existing accessory dwelling unit within
Building 2
• the accessory dwelling unit has been in existence since 2013, prior to this time
the structure was functioning as a detached garage
• although it appears that the accessory dwelling unit is subordinate to the main
dwelling (Building 2) and that there appears to be no adverse impact on the
streetscape, staff have received comments from Durham Region's Environmental
Health Division stating that the existing septic system does not have capacity to
support the additional dwelling unit on the property
• the requested variance is not appropriate for the development of the land as
there are not adequate services to provide for the use
Increase in Maximum Height of an Accessory Building (Building 4) Variance
• the intent of the maximum building height of 3.5 metres for accessory buildings is
to minimize the visual impact of these buildings on abutting properties and on the
streetscape, while still allowing for subordinate buildings and structures to be
located on a lot
• the applicant has requested relief to permit an addition to an existing accessory
building (Building 4) to have a maximum height of 5.5 metres (from the finished
grade to the midpoint of the roof)
• the existing shed on the property (Building 4) was constructed in 1907 and has a
height of 5.5 metres
• the applicant has advised that the proposed detached garage will contain a car
stacking mechanism for vehicle storage
• the proposed height, scale and massing of the detached garage is not
compatible with the surrounding neighbourhood
• it is staff's opinion that the existing shed can remain on the property, however
any addition to the building must comply with the current zoning by-law
• the variance to increase the maximum height of a detached garage is not
supported by City staff as a height of 3.5 metres can be achieved through the
appropriate design of the accessory building to comply with the zoning by-law
• staff is of the opinion that the proposed increase in building height is not minor
and will create an accessory building with a size and massing that is undesirable
for the development of the property
13
14 Report P/CA100/15 January 27, 2016
Page 6
• staff is of the opinion that the proposed variance results in an inappropriate scale
of development in relation to the built form that has been established in the
neighbourhood and is not in keeping with the character of the surrounding area
• staff is of the opinion that the proposed height, scale and massing of the
detached garage is not considered minor and not in keeping with the intent and
purpose of the zoning by-law, and therefore the requested variance is a major
variance that is not desirable for the appropriate development or use of the land
Input From Other Sources
Engineering & Public Works
Department
Building Services
Durham Region Environmental
Health Division
Date of report: January 21, 2016
Amy Emm, MCIP, RPP
Planner II
AE:MM:Id
J:\Documents\Development\0-3700\2015\PCA 1 OG-15\Report\PCA 1 OG-15 Jan 21.doc
Enclosures
• no objection to the proposal
• no comment at this time
• the existing private sewage disposal
system intended to serve the accessory
dwelling unit in Building 2 is not in
compliance with the current Ontario
Building Code
• both the septic tank and leaching bed
would need replacing/upgrading and there
is limited space available on the property
for a prime and reserve area
J
;J'I ( m t'tiim;\
Melissa Markham, MCIP, RPP
Principal Planner -Development Review
15
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·~ Location Map
FILE No: PICA 100/15
APPLICANT: D. Rinneard
PROPERTY DESCRIPTION: Plan 12, Lot 6 South Part Lot 7 & 8,
City Development (5034 Wixson Street) DATE: Aug. 26, 2015 Department ~af:,,!'~~I"'C:~~•rprlaee Inc. and lte auppllera. All rlghta Reaerved. Not a plan o1 survey. SCALE 1:5,000 IPN-RU 2013 MPAC and Its 8!Jppllera. All M_ghte Re-rved. Not a plan of S~.
16
To permit an existing
accessory building to
be set back 0.6 of a
metre from the rear
lot line
To recognize an existing
unenclosed covered porch
projecting a maximum of 2.0
metres into the required front
yard
8(1137) · \ Ooubl< 8oo'd F•-
;,0.24W t -~\------,
PRQ~USED
GARAGE
ADDITION
(40.2.3 D)
(PUM•a:t)
40.26
To permit a maximum lot
coverage of all accessory
buildings, excluding
private detached garages,
to be 9% of the lot area
I Je (1183)
To permit a
maximum lot
coverage of
24 percent
--7
~----~--~~--~ To permit an existing
accessory building with a
maximum height of 4.3
metres
City Development
Department
To permit an existing
accessory building to be
set back 0.4 of a metre
from the south side lot line
Submitted Plan
FILE No: P/CA 100/15
APPLICANT: D. Rinneard
To permit an existing
accessory building to be
partially located in the side
yard
PROPERTY DESCRIPTION: Plan 12, Lot 6 South Part Lot 7 & 8,
(5034 Wixson Street)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. I DATE: Sept 1, 2015
...
SIDE (NORTH) ELEVATION
r EXISTING i
FRONT (EAST) ELEVATION
Submitted Plan
FILE No: P/CA 100/15
APPLICANT: D. Rinneard
PROPERTY DESCRIPTION: Plan 12, Lot 6 South Part Lot 7 & 8,
City Development
Department (5034 Wixson Street)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Sept. 1, 2015
17
18
From:
Subject:
Application
Melissa Markham, MCIP, RPP
R~port to
Committee of Adjustment
Application Number: PICA 113115
Meeting Date: December 9, 2015
Principal Planner-Development Review
Committee of Adjustment Application PICA 113115
J., R. & J. Mayo
773 Aspen Road
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4407173
and By~law .. 1 .. 13/.7_4~ _ ·~ ___ ·--_
• to permit a covered platform (deck) to project a maximum of 1.5 metres into the
required rear yard, whereas the by-law permits uncovered steps or platforms, not
exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres
into the required rear yard
• to permit a partially covered platform (deck) to project a maximum of 5.3 metres
into the required rear yard, whereas the by-law permits uncovered steps or
platforms, not exceeding 1.0 metre in height above grade to project a maximum
of 1.5 metres into the required rear yard
• to permit a maximum lot coverage of 40 percent, whereas the by-law permits a
maximum lot coverage of 33 percent . .
The applicant requests approval of these variances in order to recognize an existing
covered deck and to permit a partially covered platform (deck) in the rear yard.
Recommendation
The City Development Department _considers an existing covered platform (deck)
projecting a maximum of 1.5 metres into the required rear yard, a partially covered
platform (deck) projecting a maximum of 5.3 metres into the required rear yard and a
maximum lot coverage of 40 percentto 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 existing unenclosed covered platform (deck) and
proposed unenclosed partially covered platform (deck), as generally sited and
outlined on the applicant's submitted plans.
2. That the covered area of the proposed partially covered platform (deck) not exceed
a maximum of 11.5 square metres.
3. That the applicant obtain a building permit for the proposed partially covered
platform (deck), by June 9, 2016, or this decision shall become null and void.
Report PICA 113/15
Comment
Official Plan and Zoning By-:-law
December 9, 2015
Page2
The Pickering Official Plan designates the subject property as "Urban Residential-Low
Density Areas" within the Amberlea Neighbourhood.
The subject property is currently zoned "S1"-Detached Dwellings within
Zoning By-law 3036, as amended by By-law 4407/73 and By-law 113/74.
Appropriateness of the Application
Increased Projection of Covered Platform (Deck) and Lot Coverage
19
-~-tbe_ioteoLofJimitingthe _ _size_ofde.cks in_tbe rear yard-is. to. ensure an adequate--------
amount of outdoor amenity area remains uncovered by buildings and structures
on a lot, to minimize any adverse impact on adjacent neighbours such as privacy,
and to allow for appropriate access for maintenance, lot grading and drainage
• the by-law permits uncovered steps and platforms not exceeding 1.0 metre in
height above grade to project a maximum of 1.5 metres into the required rear
yard and permits a maximum lot coverage of 33 percent
• the owners are requesting that an existing covered deck, approximately
25.4 square metres, be permitted to project 1.5 metres into the required rear yard
• the owners are also requesting to permit a partially covered platform (deck),
having a covered portion of approximately 11.5 square metres, to project a
maximum of 5.3 metres into the required rear yard, which increases the
maximum lot coverage to 40 percent
• an appropriate outdoor amenity area uncovered by buildings and structures will
be maintained in the rear yard of the property .
• adequate side and rear yard setbacks from the covered and uncovered decks
are provided for maintenance, lot grading and drainage
~ the existing covered platform and proposed partially covered platform maintain
an adequate outdoor private amenity area within the rear yard
• the increase in lot coverage and projection of the covered unenclosed deck in the
rear yard will not have any adverse impact on the abutting property owners
• the requested variances are minor in nature, desirable for the appropriate
development of the lands and maintain the intent of the Zoning By-law and
Official Plan
20 Report PICA 113/15
Input From Other Sources
Engineering & Public Works
Department
Date of report: December 3, 2015
Comments prepared by:
December 9, 2015
Page 3
• no objection to the proposed variances
~r~. fWl.~#~
Lalita ~y, MCIP, RPP Melissa Jl.1arkh"mLMQ!'L RPP _________________________________ _
·---Pianer-1 ----~-~--·· --------------------Principal Planner-Development Review
LP:MM:df
J:\Documents\Developmenl\D-3700\2015\PCA 11!>-15\Report\PCA 113_15.doc
Enclosures
City Development
Department
ST. MARY
PARK
ST. MARY
CATHOLIC
HIGH SCHOOL
Location Map
0 (§
0:::
FILE No: P/CA 113/15
APPLICANT: J., R., & J. Mayo
McPHERSON
PARK
PROPERTY DESCRIPTION:Pian M1059 Lot 424 (773 Aspen Road)
Data Sources: Teranet Enterprises Inc. and Its suppliers. All rights Reserved. Not c plan of survey.
2013 MPAC end Ita suppliers. All ric;;~hts Reserved. Not c plan of Surv .
DATE: Nov. 17, 2015
SCALE 1 :5,000 PN-11
21
To permit a maximum
lot coverage of 40
ercent
To permit a covered
platform(deck) to
project a maximum of
1.5 metres into the
required rear yard
City Development
Department
ASPEN ROAD
E "":
<.0
. -
·J. • •• •
,· : ;. . .., . ~, ...
·, . ~t ·~....-\,;.~~·fi.:~i..,." ........... ~~_.,.. 1.2m
.. _.,
-. -~
. ..
' _;~ : :] ::::
;·-r· ........... ··-.•.. __ .... -.
EXISTING
DWELLING
.. ~-
.... ,., ·-~-.... . ~ ... _
J. ~.
PARTIALLY
COVERED
DECK
._ '.'•.
To permit a partially j~:vj------.::JLJ covered platform( deck)
.. -.=,t~·-·,,·.~::-"'·~··-:· ·--•.. -
15.2m
Submitted Plan
FILE No: P/CA 113/15
APPLICANT: J., R., & J. Mayo
(2055 Brock Road)
to project a maximum
of 5.3 metres into the
required rear yard
DATE: Nov. 18,2015
City Development
Department
Submitted Plan
FILE No: P/CA 113/15
APPLICANT: J., R., & J. Mayo
PROPERTY DESCRIPTION: Plan M1 059 Lot 424
DATE: Nov. 18, 2015
24
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 01116
Meeting Date: January 27, 2016
Principal Planner-Development Review
Committee of Adjustment Application PICA 01116
D. Oates and N. Cameron-Oates
197 4 Glendale Drive
The applicant requests relief from Zoning By-law 3036, as amended to permit:
• 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
• an existing accessory building (shed) setback 0.5 of a metre from the south side
lot line; whereas the by-law requires accessory buildings less than 10.0 square
metres in area to be setback a minimum of 0.6 of a metre from all lot lines
The applicant has submitted a building permit for a one-storey addition at the rear of 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 existing accessory building (detached garage) to be partially located in the south
side yard and to recognize an existing accessory building (shed) setback 0.5 of a metre
from the south side lot line.
Recommendation
The City Development Department considers an existing accessory building (detached
garage) to be partially located in the south side yard and an existing accessory building
(shed) setback 0.5 of a metre from the south 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 variances, subject to the following conditions:
1. That these variances apply only to the existing detached garage, and shed as
generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed addition by
January 27, 2017, or this decision shall become null and vord.
Report PICA 01/16 January 27, 2016
Page 2
Comment
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject lands as 'Urban Residential Areas-
Low Density Areas' within the Liverpool Neighbourhood.
The subject property is currently zoned "R3" -Residential Third Density Zone within
Zoning By-law 3036, as amended.
Appropriateness of the Application
Accessory Building (detached garage) in Side Yard Variance
• the intent of requiring all 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 building 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
• the existing detached garage appears to have no adverse visual impact on the
streetscape and will continue to be accessary to the principal use of the property
• 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
Accessory Building (shed) Setback Variance
• the intent of the minimum 0.6 of a metre setback requirement for accessory
buildings less than 1 0 square metres 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 building (shed) was constructed in 1981
• the shed is 7.4 square metres, and is located 0.5 of a metre from the south lot
line
• there is a significant amount of trees and vegetation screening the existing shed,
which minimizes the visual impact on adjacent properties
• the existing 0.5 of a metre setback from the south lot line provides 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, desirable for the appropriate
development of the land and maintains the intent and purpose of the Official Plan
and the Zoning By-law
25
26 Report PICA 01/16
Input From Other Sources
January 27, 2016
Page 3
Engineering & Public Works Department • no objection to the proposal
Date of report: January 21, 2016
Comments prepared by:
~
Amy Emm, MCIP, RPP
Planner II
AE:MM:Id
J:\Documents\Developrnent\0~3700\2016\PCA 01-16\Report\PCA 01-16.doc
Enclosures
;1
fJ1/L . rf![ rrJJeifi~
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
City Development
Department
-------------------~
27
AVENUE
~ f---
f-.
1---
-
1--r----
GLENDALE
PARK
GLENGRO
PARK
Location Map
FILE No: PICA 01/16
APPLICANT: D. Oates & N. Cameron-Dates
PROPERTY DESCRIPTION: lot 29 Plan 521 (1974 Glendale Drive)
ate Sources: Teranet Enterprieea Inc. and Ita euppllera. All rights Reeerved. Not a plan of eurvey. 2013 MPAC and Ita eup liera. All ri hta Reserved. Not a plan of Surve .
DATE: Jan.6,2016
SCALE 1 :5,000 PN-12
28
oo
0·
To recognize an existing
accessory building
setback 0. 5 of a metre
from the south side lot
line
e
E
1.0
0
Submitted Plan
60.9m
EXISTING
GARAGE
To permit an existing
accessory building
(detached garage) to be
partially located in the
south side
FILE No: P/CA 01/16
APPLICANT: D. Oates & N. Cameron-Gates
w >
E a:
0 co
N w c N _J
<(
0 z w _J
CJ
IP
PROPERTY DESCRIPTION: Lot 29 Plan 521 (1974 Glendale Drive)
City Development
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Jan. 8, 2016
----····-----
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 02116
Meeting Date: January 27, 2016
Principal Planner-Development Review
Committee of Adjustment Application PICA 02116
Altona Road Subdivision Ltd.
1870 Altona Road
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4366193
and By-law 5537199:
• to permit Building B and Building D to be erected having a height of 13.0 metres;
whereas the by-law states that no building, part of a building, or structure that
exceeds a height of 12.0 metres shall be erected
• to permit a minimum building height of 7.0 metres for Building E (located in the
area cross-hatched on Schedule I to By-law 5537199; whereas the by-law states
that in the area cross-hatched on Schedule I to By-law 5537199, the minimum
building height shall be 12.0 metres, and the maximum building height shall be
18.0 metres
• to permit the aggregate of the gross leasable floor areas of all buildings on the
lands, except multiple dwellings, to be a minimum of 660 square metres;
whereas the by-law requires the aggregate of the gross leasable floor areas of all
buildings on the lands, except multiple dwellings, to be a minimum of 940 square
metres
• to permit multiple dwelling -horizontal units with two parking spaces located
within a garage to provide no parking space between the vehicular entrance of
the private garage and the nearest traffic aisle, or public road; whereas the by-law
states that for each multiple dwelling -horizontal unit there shall be provided on
the lands one parking space located between the vehicular entrance of the
private garage and the nearest traffic aisle, or public road
The applicant has requested approval of these variances in order to obtain Site Plan
Approval for a proposed mixed use development consisting of 38 residential townhouse
units and a four-storey commercial building on the subject lands.
Recommendation
The City Development Department recommends that minor variance application
PICA 02116 be Tabled in order to allow time for City staff to evaluate certain elements
of the proposed site plan as it relates to the variances requested.
29
30 Report PICA 02116
Background
January 27, 2016
Page2
The Committee of Adjustment has approved three previous Minor Variance applications
(PICA 32102, PICA 58105, and PICA 39107) to vary the height provisions and gross
leasable floor in Zoning By-laws 4366193 and 5537199. The Committee of Adjustment
tabled a fourth variance application in 2010 (PICA 21110) to allow staff and the Site Plan
Committee additional time to further review the site plan application. In June 2015,
PICA 21110 was withdrawn by the property owner.
In July 2015, the property changed ownership and a new Site Plan Application (S 03115)
has been submitted by Stafford Developments to the City for review and approval.
Date of report: January 21, 2016
Comments prepared by:
Lalita Paray, MCIP, RPP
Planner I
LP:MM:Id.
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
J:\Documents\Development\0-3700\2016\PCA 02-16\Report\pca 02_16_0ef Jan 21 2016.doc
Enclosures
City Development
Department
Location Map
FILE No: PICA 2/16
APPLICANT: Altona Road Subdivision Ltd.
PROPERTY DESCRIPTION: Plan 40M-1700, Pt. Blk 69 & Con 1, Pt. Lot 33
40R-12948, Pt. Part 3 (1870 Altona Road) DATE: Jan. 6, 2016
Doto Sources: Teranet Enterprlaee Inc. ond Ita auppliera. All rlghta Reserved. Not o plan of survey.
2013 UPAC and Ita au pliel"a. All ri hta Reserved. Not o plan of Surv . SCALE 1 :5,000 PN-10
31
32
To permit a minimum
building height of 7.0
metres for Building E
(located in the area
cross-hatched on
Schedule I to By-law
5537/99)
To permit a maximum
height of 13.0 metre for
Buildings "B" and "D"
Submitted Plan
FILE No: P/CA 02/16
To permit the aggregate
of the gross leasable
floor areas of all
buildings on the lands,
except multiple
dwellings, to be a
minimum of 660 square
metres
0 <(
0 a:
<( z
0 ~ <(
To permit multiple
dwelling -horizontal
units with two parking
spaces located within a
garage to provide no
parking space between
the vehicular entrance o
the private garage and
the nearest traffic aisle,
or public road
APPLICANT: Altona Road Subdivision Ltd.
City Development
Department
PROPERTY DESCRIPTION: Plan 40M-1700, Pt. Blk 69 & Con 1, Pt. Lot 33
40R-12948, Pt. Part 3 ( 1870 Altona Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Jan. 12, 2016
City Development
Department
BLOCK B WEST ELEVATION
I.
BLOCK D WEST ELEVATION
Submitted Plan
FILE No: P/CA 02/16
APPLICANT: Altona Road Subdivision ltd.
PROPERTY DESCRIPTION: Plan 40M-1700, Pt. Blk 69 & Con 1, Pt. Lot 33
40R-12948, Pt. Part 3 (1870Aitona Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Jan. 12, 2016
33
34
City Development
Department
BLOCK E EAST ELEVATION
J """ .... .... } ....
BLOCK E WEST ELEVATION
Submitted Plan
FILE No: P/CA 02/16
~ ....
APPLICANT: Altona Road Subdivision Ltd.
PROPERTY DESCRIPTION: Plan 40M-1700, Pt. Blk 69 & Con 1, Pt. Lot 33
40R-12948, Pt. Part 3 (1870Aitona Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Jan. 12, 2016