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HomeMy WebLinkAboutPD 31-02 .. .. 47 REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: July 15, 2002 REPORT NUMBER: PD 31-02 SUBJECT: Zoning By-law Amendment Application A 18/01 Frank Mastrorillo Lot 2, Plan 473 1495 Rosebank Road City of Pickering RECOMMENDATION: 1. That the revised Zoning By-law Amendment Application A 18/01, submitted by Frank Mastrorillo, on lands being Lot 2, Plan 473, municipally known as 1495 Rosebank Road, City of Pickering, to amend the zoning on the subject lands to permit the establishment of a building containing two (2) dwelling units consisting of the primary dwelling unit for the property owner on the main and upper floors and one (1) basement dwelling unit be APPROVED subject to the conditions outlined in Appendix I to Report No. 31-02. 2. That in accordance with Section 34(17) of the Planning Act and notwithstanding that the rezoning proposed in the public meeting notice, public meeting report and at the public meeting differs to some degree from that presented in the report of the Director, Planning & Development, dated July 15, 2002, Planning Report Number PD 31-02, such differences are not substantial enough to require further notice and another public meeting. ORIGIN: Zoning By-law Amendment Application A 18/01 submitted to the City of Pickering. AUTHORITY: The Planning Act, RS.O. 1990, chapter P.13 FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result ofthe proposed development. EXECUTIVE SUMMARY: The original application was to permit the establishment of a building containing four (4) dwelling units consisting of the primary dwelling unit for the property owner on the main and upper floors and three (3) basement dwelling units at 1495 Rosebank Road. Staff advised the applicant that the original application is not considered appropriate development and would be recommending refusal of the application. The applicant requested that the application be amended to permit two (2) basement apartments and then requested that the matter be deferred in order to allow them time to consider their options on the application. The owner has now requested that the application be amended to permit only one (I) basement apartment dwelling unit in the existing house. 48 Report to Council PD 31-02 Date: July 15, 2002 Subject: Zoning By-law Amendment Application A 18-01 Page 2 The second dwelling unit can be accommodated within the main dwelling unit without introducing land use conflicts and is considered appropriate and compatible with the neighbourhood. It is recommended that the revised application for the proposed building containing the main dwelling unit and one (1) basement apartment dwelling unit at 1495 Rosebank Road be approved subject to certain conditions. BACKGROUND: 1.0 Revised Application The original application was to permit a building containing four (4) dwelling units. When the applicant was advised that staff would not be supporting the application and would be bringing forward a staff report recommending the application for the building containing four (4) dwelling units be refused, the applicant requested that the application be amended to permit three (3) dwelling units (see Attachment #11). Staff prepared a report, No. PD 14-02 recommending the application be refused. This was then followed by a request by the applicant to defer the matter until the owners had time to consider their options and to consult with a planning consultant (see Attachment #12). The applicant then forwarded a formal request to amend the application in order to request the subject property be rezoned in order to permit a total of two (2) dwelling units, consisting of the primary dwelling unit and one (1) basement apartment unit (see Attachment #13). As the request to amend the application was received by the City after circulation of the application and the public meeting, Section 2.0 - Information Meeting, and Section 3.0 - Additional Information is based on the original application and not on the revised application. The notice informing the area residents that this report was scheduled for the Planning Committee Meeting advised that the application has been amended and the matter before the City is a request to permit only one (1) basement apartment unit. 2.0 Information Meeting A Public Information Meeting for the application for four (4) dwelling units was held on December 20, 2001. Information Report No. 30-01, which summarizes the applicant's proposal and outlines the issues and comments identified to that date through circulation of the application, was prepared for that meeting. The text of that Information Report is provided for reference (see Attachment #3). Three (3) written comments from the public had been received at the time of writing of the Information Report and are as follows (these comments are attachments to the Information Report pertaining to four (4) dwelling units): Wendy Atkinson-Lamacraft and Douglas Lamacraft of 1492 Rosebank Road are both opposed to the application as the proposal would change the integrity of the neighbourhood; set a precedent for any future requests of a similar nature; increase traffic on an already busy street; have a negative impact on surrounding property values; and request the application be denied. Chris and Donna Ellis of 1494 Rosebank Road are both opposed to the application as: the existing neighbourhood is a single-family dwelling neighbourhood and if this application is approved for multi-family dwellings, a precedent will be set for others as there are other properties in the area of a similar size to the subject property; the proposal will have a negative impact on surrounding property values; increased traffic will result on an already busy street along with the possibility of on-street parking created by the additional dwelling units adding to a safety issue; and request that the neighbourhood be preserved as a single-family zoned area. Report to Council PD 31-02 Date: July 15, 2002 49 Subject: Zoning By-law Amendment Application A 18-01 Page 3 Deborah Peterson and John Andresen of 1498 Rosebank Road are both opposed to the application as the existing neighbourhood is a single-family dwelling neighbourhood and if this application was approved for multi-family dwellings that a precedent will be set for others as there are other properties in the area of a similar size to the subject property. At the Public Information Meeting, the applicant and his agent each made a presentation on the application. This was followed by six area residents who expressed concerns and objected to the proposal. Minutes of December 20, 2001 Public Information Meeting detailing those comments made by the applicant and residents are provided for reference (see Attachment #4). 3.0 Additional Information 3.1 Resident Comments Since the preparation of Information Report No. 30-01, the following resident comments have been received: Barbara Kotyk of 1454 Rosebank Road is opposed to the application for the following reasons: the existing neighbourhood is a single-family dwelling neighbourhood and if this application is approved, a precedent will be set for others as there are other properties in the area of a similar size to the subject property; increase traffic; create on-street parking problems; and, impact negatively on the stability of the neighbourhood (see Attachment #5). Kathryn Gibson of 1478 Rosebank Road is opposed to the application as this application will set a precedent in the neighbourhood, if approved, and add to the congestion on an already busy street (see Attachment #6). 3.2 Departmentl Agency Comments Since the preparation of Information Report department 1 agency comments have been received: No. 30-01, the following The Region of Durham Planning Department noted that the subject lands are designated "Living Area" within the Durham Region Official Plan. Lands within this designation are to be used predominantly for housing purposes. They note that the application appears to conform to the policies of that Plan. Regional water and sanitary sewer service are available to the subject property. The application has been screened in accordance with the terms of the provincial plan review responsibilities and no provincial interests appear to be affected (see Attachment #7). Veridian Connections has advised that the existing services to the building may be inadequate and the applicant is required to contact Veridian to obtain technical bulletins and standards regarding residential services (see Attachment #8). Canadian National Railway Properties Inc. has advised that they request that a noise warning clause be inserted in all development agreements, offers to purchase, agreements of purchase and sale or lease (see Attachment #9). Municipal Property & Engineering Division has advised that there is a concern with inadequate availability of parking for the four (4) dwelling units; the result would be on-street parking that may conflict with traffic operation and street maintenance operations (see Attachment #10). Report to Council PD 31-02 Date: July 15, 2002 50 Subject: Zoning By-law Amendment Application A 18-01 Page 4 4.0 Discussion 4.1 Introduction The subject lands are located on the east side of Rosebank Road, one lot south of Sheppard Avenue. A property location map is provided for reference (see Attachment #1). The subject lands currently support a house that was originally constructed as a detached dwelling. The subject lot has a lot frontage of 27 metres and a lot depth of 60.9 metres. The detached dwelling house was built in 1989. The application that is now being considered is an amendment to the zoning by-law in order to permit the conversion of the existing building from a detached dwelling one (1) dwelling unit into a building containing two (2) dwelling units consisting of the primary dwelling unit on the main and upper floors and one (1) basement dwelling unit. The applicant's submitted plan is provided for reference (see Attachment #2). The existing building on the property is to be retained as the applicant is not proposing any alteration to the exterior of the existing structure. The additional parking that would be required to accommodate the one (1) additional dwelling unit is proposed to be accommodated in the existing circular driveway in the front yard. The basement dwelling unit will be accessed by a common front hallway that leads to a stairwell and an exterior door. 4.2 Compatibility with Neighbourhood The introduction of one (1) additional basement apartment into the existing house on the subject property is reviewed in terms of its compatibility with the existing neighbourhood. The proposal to permit one (1) basement apartment dwelling unit in the existing house would be accomplished without any alteration to the exterior of the house. The second unit can be accommodated without detection from the outside, with no impact on the streetscape. The visual character of the neighbourhood would be maintained. When considering whether a certain land use is compatible with other land uses, there are many considerations. The proposal should not negatively impact existing residents of the area by introducing characteristicslincreased activity which reduces the enjoyment of established amenities. Given the size of the existing house on the property the addition of one (1) basement apartment will not have a negative impact on the neighbourhood or reduce the existing amenities ofthe area. Residents of the area expressed significant concern over the initial request to introduce a total of four (4) dwelling units on the property. Residents were concerned that this use would have negative impacts on their properties. These impacts were described in both physical terms and in other more intangible terms. The concerns expressed include: increased traffic, on-street parking and destabilization of the neighbourhood that would change the existing and/or perceived character of the neighbourhood; all of which could add up to a loss of enjoyment of private property for some of the neighbours. While some of these concerns may have had merit with regard to the original application for four (4) dwelling units, the introduction of one (1) basement apartment will not result in the impacts of concern to residents and will not have a negative impact on the neighbourhood. 4.3 Vehicle Parking Provision for Additional Dwelling Unit The subject property currently has a two-car attached garage and a large circular driveway. This form of driveway can easily accommodate the additional parking generated by one (1) additional basement apartment. No additional on-street parking should result with the introduction of one (1) basement apartment on the subject property. Report to Council PD 31-02 Date: July 15, 2002 51 Subject: Zoning By-law Amendment Application A 18-01 Page 5 4.4 Neighbourhood Character 1 Appropriate Land Use The applicant has advised that the visual impacts of the subject application will be minimal. There are no physical changes proposed to the exterior of the subject building. From the street, the building will appear to still function as a detached dwelling. The property's existing character will be maintained. The one possible noticeable change will be the extra parking of tenant' s vehicles in the front circular driveway. 4.5 Zoning Considerations The existing house currently has three (3) dwelling units in the basement, therefore it is considered appropriate that two (2) dwelling units be removed prior to the amending Zoning By-law coming into effect. It is recommended that the amending zoning by-law use and "(H)" holding provision that requires the owner to provide appropriate drawings, a letter of undertaking and the conversion of the basement from three (3) dwelling units to one (1) dwelling unit within six months ofthe passing of the amending zoning by-law. 5.0 Applicant's Comments The applicant has advised that they concur with the recommendations of this report. , 52 Report to Council PD 31-02 Date: July 15, 2002 Subject: Zoning By-law Amendment Application A 18-01 Page 6 ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Property Location Map Applicant's Submitted Site Plan Information Report No. 30-01 Minutes of December 20,2001 Statutory Public Meeting Resident Comment - B. Kotyk Resident Comment - K. Gibson Agency Comment - Region of Durham Planning Department Agency Comment - Veridian Connections Agency Canadian National Railway Properties Inc. Staff Comment - Municipal Property & Engineering Division Applicant's request to amend application Applicant's request to defer the application Applicant's request to amend application Prepared By: Approved 1 Endorsed by: RO~W.~ Principal Planner - Development Review Lyn~Ät~ . Manager, Development Review RP/LDT/jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council '--. 53 APPENDIX I TO REPORT NUMBER PD 31-02 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 18/01 (a) That the implementing zoning by-law: (i) (ii) (iii) amend Zoning By-law 3036 by amending the zoning on the subject property to permit the establishment of a second dwelling unit within the existing dwelling. include a provision to require detached dwellings containing two units to provide a minimum ofthree vehicle parking spaces on the lot. include an "(H)" holding symbol and that the requirements to remove the "(R)" holding symbol be: (1) that the owner provide, to the satisfaction of the Director, Planning & Development drawings that show how the basement will be converted from three (3) dwellings units to one (1) dwelling unit; that the owner provide, to the satisfaction of the Director, Planning & Development, a letter of undertaking that all works required to convert the existing basement of the house from three (3) dwelling units to one (1) dwelling unit will be completed by the owner; and that all works required to convert the basement of the house from three (3) dwelling units to one (1) dwelling unit be completed with six (6) months of the date to amending zoning by-law. (2) (3) 54 ATTACHMENT I. REPORT I PO I TO '31 - 0 ~ -.---J ~== o=: 0::- 'bm, ~ VI ~~ OUNFAIR ST. '- ---' ,..... þp" ~¡:;:.--< y... \ G y;. Planning & Development Department PROPERTY DESCRIPTION LOT 2, PLAN 473 , APPLICANT FRANK MASTRORILLO APPLICATION No. A 18/01 DATE OCT 9,2001 SCALE 1 :7500 DRAWN BY RC CHECKED BY RT l' FOR DEPARTMENT USE ONLY PN.6 PA. ATTACHMENT #,;;) TO REPORT' PD-..:.3 / - otJ.. 55 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 18/01 FRANK MASTRORILLO 0 .; III I ..o".....l.....!S}¡L Q.le'", 0010'",' ,..... 'T " ~ 0'5S' #1 D.'" " ~ 4~ ~ O. III ~ r/.t- " 3 ú 1 Z III ~ :t~ .. 1J ~ d.~ 3 r.O6I : a LI1~ ( dI ú1~ 111 ø O~ .3 do 1 ~ 0 .t 0 tI. .. N l <I" J D. ~ \.ß.l7'-S) I !!.-toø..£1 "<L,<."-"" °"""'1..1..1'" .h~.. '_-:~;, t ~~ g ¡~ fê IN!!;,.. "-IS!:. 0 $\S O'Z.\ cQ 1'- ~ I 1 J I~ \1; ~ ; "'/2 :;~ ~ 0 o;¡ 3 ,... ::; . ~ l.. 1-/1. .,' ~ ..... " '1: Z t.. 57.52' . ,..,..'1'ð"'~'oc"ç:.o ;rt~', ~, ",40;~"f1, ""...0' I 0 It r " J <I " II II ~ d "1 i,! 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',""'fg~ r "/'L ""ïo"-.'E..-'- . 1"""1'"\~ O'-'\l'IU..I..\NQ ro4~ 1+9 I ..-..S" t-o.L~ D z.'ð370~ J ¡ .~ THIS MAP WAS PRODUCED BYTHE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, OCTOBER 9, 2000. 56 ATTACHMENT # 5 TO REPORT # PO '=3/- (J :J- INFORMATION REPORT NO. 30-01 FOR PUBLIC INFORMATION MEETING OF December 20, 2001 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 18/01 Frank Mastrorillo Lot 2, Plan 473 1495 Rosebank Road City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION the subject lands are located on the east side of Rosebank Road, one lot south of Sheppard Avenue; a property location map is provided for reference (see Attachment # 1 ); the subject lands currently support a house that was originally constructed as a detached dwelling; the property is accessed from Rosebank Road by a circular driveway; The subject lot has a lot frontage of 27 metres (90 ft.) and a lot depth of 60.9 metres (200 ft.); surrounding land uses are; north south east west detached dwelling detached dwelling on the opposite side of Rosebank Rd., detached dwellings detached dwelling 2.0 APPLICANT'S PROPOSAL the application that is being considered is an amendment to the zoning by-law in order to permit the conversion of the existing building from a detached dwelling (one dwelling unit) into a building containing four (4) dwelling units consisting of the primary dwelling unit for the property owner on the main and upper floors and three (3) basement dwelling units; the applicant's submitted plan is provided for reference (see Attachment #2); the existing building on the property is to be retained - the applicant is not proposing any alteration to the exterior ofthe existing structure; the additional parking that would be required to accommodate the 3 additional dwelling units is to be accommodated in the circular driveway in the front yard; the dwelling units will consist of the main dwelling unit occupied by the property owner on all of the main and upper floors, while the basement has been divided up into three dwelling units, each consisting of a kitchen, a bedroom and bathroom; the basement dwelling units are accessed by a common hall way that leads to a stairwell and an exterior door; the applicant has requested to rezone the property from a "R4" - One Family Detached Dwelling Fourth Density Zone, which only permits one detached dwelling to an appropriate zone that would permit the proposal. Information Report No. 30-01 ATTACHMENT' :?/- 0 Aa REPORT I PO .- ~ Page 2 5/7 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Re!!ional Official Plan the Durham Regional Official Plan designates the subject lands as within a Living Area; the Durham Regional Official Plan states that Living Areas are intended to be predominantly for housing purposes; Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads; Rosebank Road is designated as a Type "C" Arterial Road in the Durham Regional Official Plan the application appears to conform to this designation; 3.2 Pickerin!! Official Plan the Pickering Official Plan designates the subject lands as Urban Residential Area - Low Density Area; permissible uses within this designation include a variety of residential uses; the Pickering Official Plan establishes a maximum density of up to, and including, 30 dwelling units per hectare for development within an Urban Residential Area - Low Density Area, the proposed development would provide a net density of23.9 units per hectare; the subject property is within the Woodlands Neighbourhood of the Official Plan; Section 11.8 (a) of the Official Plan, Woodlands Neighbourhood, states that City Council shall, in established residential areas along Highbush trail, Old Forest Road, Rosebank Road and Sheppard Avenue, encourage and where possible require new development to be compatible with the character ofthe existing developments; Schedule II of the Pickering Official Plan - "Transportation Systems" designates Rosebank Road where it abuts the subject lands as a Type "C" Arterial Road; Type "C" Arterial Road are designed to carry lower volumes of traffic at a lower speed than a Type "B" Arterial Road, provide access to properties and generally have a right-of-way width ranging from 26 to 30 metres; the subject applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications. 3.3 Zonin!! By-law 3036. as amended the subject lands are currently zoned "R4" - One Family Detached Dwelling Fourth Density Zone in Zoning By-law 3036, as amended; the existing zoning only permits detached dwellings on lots with a minimum lot frontage of 15 metres and a minimum lot area of 460 square metres; an amendment to the zoning by-law is required to implement the applicant's proposal; the applicant has requested an appropriate zone that would permit the proposed 4 dwelling units within the existing building. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments Wendy Atkinson-Lamacraft and Douglas Lamacraft of 1492 Rosebank Road are both opposed to the application as the proposal would change the integrity of the neighbourhood; set a precedent for any future requests of a similar nature; increase traffic on an already busy street; have a negative impact on surrounding property values; and requests the application be denied (Attachment No.3); Chris and Donna Ellis of 1494 Rosebank Road are both opposed to the application as the existing neighbourhood is a single-family dwelling neighbourhood and if this application was approved for mu1ti~family dwellings that a precedent will be set for others as there are other properties in the area of a similar size to the subject property; have a negative impact on surrounding property values; increase traffic on an already busy street and the possibility of on-street parking created by the additional dwelling 58 Infonnation Report No. 30-01 iH1AGH[V;t!'Jl #_'3 TO REPORT # PO ,~3/~O ;?.. Page 3 4.3 5.0 6.0 6.1 units could add to a safety issue; and request that the neighbourhood be preserved as a single-family zoned area (Attachment No.4); Deborah Peterson and John Andresen of 1498 Rosebank Road are both opposed to the application as the existing neighbourhood is a single-family dwelling neighbourhood and if this application was approved for multi-family dwellings that a precedent will be set for others as there are other properties in the area of a similar size to the subject property (Attachment No.5). 4.2 A2;encv Comments no comments from any of the circulated agencies have been received to-date on the revised application; Staff Comments in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: . ensuring that the proposed development is compatible with, and sensitive to, surrounding lands; . the impact the proposed use I site changes may have on the character of the neighbourhood; . the impact on the streetscape from the proposed front yard parking; . reviewing the implications that the proposal will have on the perceived identity of the neighbourhood; . whether the proposed use constitutes an intrusion into an established detached residential area thereby creating a conflict of land use; . whether the proposed use will have a destabilizing effect on the neighbourhood. this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; if you wish to be notified of Council's decision regarding the zoning by-law amendment application, you must request such in writing to the City Clerk; if a person or public body that files a notice of appeal of a decision of the City of Pickering, in respect to the zoning by-law amendment, does not make oral submission at the public meeting, or make a written submission to the City of Pickering before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. OTHER INFORMATION Appendices Appendix I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing this report; Information Report No. 30-01 ATTACHMENT #.:3 _TO REPORT # PO - :3 / ' ~._~-_._- Page 4 59 6.2 Information Received copies of the Applicant's submitted plan and basement floor plans showing the proposed additional dwelling units are available for viewing at the offices of the City of Pickering Planning & Development Department; the City of Pickering has not received any technical information/reports on the proposed application. ORIGINAL SIGNED BY Ross Pym, MCIP, RPP Principal Planner - Development Review ORIGINAL SIGNED BY Lynda Taylor, MCIP, RPP Manager, Current Operations RPIsm rcportsiinfor/2001/rpAIS-Ol Copy: Director, Planning & Development Department 60 . -::2. ATTACHMENT I ~) TO REPORT (J PD 3 i-t) ::l APPENDIX I TO INFORMATION REPORT NO. 30-01 CO MMENTIN G RESIDENTS AND LANDOWNERS (1) (2) (3) Wendy Atkinson-Lamacraft and Douglas Lamacraft Chris and Donna Ellis Deborah Peterson and John Andresen COMMENTING AGENCIES (1) None received to-date COMMENTING CITY DEPARTMENTS (I) None received to-date ATTACHMENT' 3 TO REPORT # PO -:3 / -0 :2 . 61 ATTACHMENT#~TO .. INFORMATION REPORT# '!;n-ÇlI NOV - 8 2001 ~~~~~~!: Without prejudic'tiTY OF PICKERING PlpKERING, ONTARIO R~CC¡¡""?";D r.. .., ...", 11 . b.... October 26,2001 The City of Pickering Planning Department 'f!f~~~nade Pickering, Ontario ClfY"¡;:,........:,'i;NG ,L"'~".I:' ~' ",n DEVELOPI.."".; . ,"MHMËNT Dear Mr. Pym: ZONING BYLAW AMENDMENT A 18/01 1495 ROSEBANK ROAD, PICKERING, ONTARIO We are writing to you with respect to. the recent notice posted at the 'aforementioned property.. This notice advises residents of the area,' of t)/Ir. F. Mastrorillo's intent to change his existing s~ngle-residanc~ to ~l1at,of a mi.1iti~tEmant re.sìdenc~. . RE: .~-, As long term residents of Rosebank Road, we are requesting that Mr. Mastrorilio's proposed application be denied. To give blessing to this request, will not only change the existing integrity of our neighbourhood, but will set the precedent for any future requests of a similar nature. As you are likely aware, the property directly north of Mr. Mastrorillo's has recently been destroyed and Is apt be re-developed or sold in the near future. The decision to approve Mr. Mastrorillo's request shall undoubtedly set the tone for the type of future development permitted not only on the neighbouring property, but also for any of the remaining undeveloped lots on RosebankRoad. . ' Since the widening of Rosebank Road in 1999, we have seen an increase in traffic and posted' speed limits are seldom Qbeyed. The Intersection at Rosebank Road and Sheppard Avenue 15 presently a dangerous one. To add further vehicular density to an address within 50 meters of this intersecUónwill result in an increased safety issue on our street. Moreover, the value of surrounding properties will diminish with a transitory o~upancy. The footprint of this neighbourhood is that of single-family dwe'lings and It should remain as such. -""'-" Thank you for your consideration of the above request. Yours very truly, -. ~¡16 Wendy Atkinson-Lamacraft Douglas Lamacraft . 1492 Rosebànk Road Pickering, Ontario L1V 1P4 (905) 837-2491 cc: Neil Carroll, Director of Planning Maurice Brenner, Councilor Dave Ryan, Coun~ilor 62 ATTACHMENT#- 3 TO REPORT II PO .:3 I - Co?;l. ~-- ATTACH~ENT', if..... fo. INFORMATION REPORf -n -3g) :Q1..- ..',"" .,;',..^N~"entb~r'15~2001., >,":"." '..,'.' .:".<;,'.', ":;.. .",', "'.":-- " ,CrrV,OFPICKERING..". " '.,.",'.'... 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'---, '3 1 ¡,¡ 1"1- i"'< ,.' ,," ,."\;.L:tj\'1f.~."..,.....:~,, IÙ '(!fì. # PD._- 3l,.~9_;'f '63 ATTACHMENT#~TO INFORMATION REPORT# .~O - 0 ¡ RECEIV,ED ~ov~er22,2001 NOV 2' 7 2001 , The City of Pickering Planning Department One, The Esplanade Pickering, Ontario CITY OF PICKERING Pl.-MINING AND .. DEVELOPMENT DEPARTMENT Dear Mr. Ross Pym, I am writing today in response to the sign posted in ttont of Mr. F. Mastrorillo's home, Zoning Bylaw Amendment A 18/01, to turn his single-family home into a multi-tenant dwelling. , We Would like to state that we are absolutely opposed to Mr. Mastrorillo's proposal to change lús home fì:om a single-family dwelling into a l11ulti-tenant one. The neighbourhood is a single-family neighbourhood, and should remain this way: Allowing Mr. Mastrorillò's proposal will set 'a precedent for the street's future, especially since the house next to his burned down, and will probably be slated for redevelopment. The house beside o~rs already has, already been divided mto two apartments - something' we, nor ~ur neíghbours, are at all happy about. ' We have just sold our home, and the purchaser was also concerned about the sign outside Mr. Mastrorillo's home. We have assured her we will voice our opÍ1úon for her as we are still the current owners for 1498. Rosebank. ., Please do not allow Mr. Mastrorillo to change ills single-family dwelling into a multi-tenant unit. This move will be the catalyst for a slippery slope of development on Rosebank - astreèt which, is under constant change from smáII, older cottages to newer style homes. " , Kind regards, ~ Deborah Peterson 1498 Rosebank Road 905.8315460 John Andresen 64 Excerpts from the Statutory Public Information Meeting Minutes Pursuant to the Planning Act ATTÞ.CHMENT # Lf TO Thursday, December 20, 2001 r:-r;)iJRT II PÜ,.,3 I:..:.:::. Q~-", .. 7: 00 P.M. The Principal Planner - Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (II) ZONING BY-LAW AMENDMENT APPLICATION A 18/01 FRANK MASTRORILLO LOT 2, PLAN 473 1495 ROSEBANK ROAD 1. Ross Pym, Principal Planner-Development Review, provided an explanation of the application, as outlined in Information Report #30-0 I. 2. Gordon D'Eri, 1495 Rosebank Road,. representing the applicant, provided supportin~ information to the application. Mr. D'Eri advised that the applicant has lived in this 5000 ft home for approximately 12 years and for the past 3 years there have been tenants living in the house (although he admitted this was non-conforming to the zoning by-law). Mr. D'Eri further stated that the owner has not received any complaints regarding the tenants during the past three years. He further reviewed the comments of the area residents and provided his opinion on the issues raised. He also expressed concern about some of the neighbourhood properties. 3. Frank Mastrorillo, 1495 Rosebank Road, the applicant, expressed concerns with the activity of some of the neighbourhood properties. He advised that the only acceptable tenants are bachelors who are employed. Each of the basement apartments consists of a living area, a bedroom and a bathroom. Mr. D'Eri assured the residents that the exterior of the houselproperty would not change and that traffic would not increase as a result of the additional tenants. 4. Lech Okolotowicz, 1488 Rosebank Road, spoke in opposition of the application. Mr. Okolotowicz refers to this street as "old Pickering" which includes cottage-style homes on large lots, and does not want this environment to evolve into areas such as Jane Street in Toronto. He stated that although there may be 8,000 illegal basement apartments in the City, it doesn't provide justification for support the applicant in any way. 5. Doug Lamacraft, 1492 Rosebank Road, stated that he does not have any concerns with increased traffic, but he . is very concerned that if the application is approved, it will set a precedent of basement apartments in the area. Mr. Lamacraft is concerned that the vacant lots in the area may be used for multi-unit dwellings if this application is approved. 6. Donna Ellis, 1494 Rosebank Road, is opposed to the application. She believes that a precident of permitting basement "apartments will be sèt which will undermine the integrity of the area. 7. Frank Pitrull, 405 Strathmore, Toronto, owns 1497 Rosebank Road, stated that he intends on building a single fa:mily dwelling at 1497 Rosebank Road. He is concerned that approval of the application will change the neighbourhood and will enable it to evolve into a more densely populated area. If the application is approved, he indicated that he might reconsider the type of structure for his property. 8. Glen Hunt, 1467 Rosebank Road, is concerned that a multi-family dwelling will impact the area. Mr. Hunt further stated that he moved from a densely populated neighbourhood to Rosebank Road because of the large lots. 9. . Gerda Willomitzer, 1490 Rosebank Road, stated that she has lived at this address for 22 years. She is concerned that a change to the zoning by-law will allow the construction of multi-family dwellings on the vacant lots. 65 . Excerpts from the Statutory Public Information Meeting Minutes Pursuant to the Planning Act ATTACHMENT #- 'I TO REPORT # PO "~/-0;2 Thursday, December 20, 2001 7:00 P.M. Gordon D'Eri responded to the comments ofthe residents. He indicated that the area has already started to change, as is indicated with the type of housing further down the street, and in fact, he believes that the construction of these larger homes will increase the value of the smaller, older homes. He reiterated his earlier comments that neighbours haven't previously complained about the tenants and questions why they are so concerned now. Mr. D'Erie indicated that the neighbours should be monitoring activities related to the vacant sites, not existing the existing houses. 10. P.131 '¡,;\:.},;;',,~,J "I, ..,.., '~",1,:~( ..' I' ~ .:,:;;:q.\:f::;;, :..' '{:i!",:.\,:,\',f ',~ ,: , '.':, :,';;',: \' ','::; ", :',~: ;~ , )"¡j~;'¡;l. ~ .j ".;""'.::-:'::<'~."."., (lJt'dHl~ . It tr:¡O I . ,', , :.:~'~,\\:.;, ~'.-d ~ ðJrwiJ.~ ":f':Tt: 'Nt> ¡{~ RJ, ~ ,:<,.. /1t;::?tL ~~ ¥ .::~:' ,:'.~ ,~,'~:;,'¡'~~{¡"~,:,;f:' i":'..,;,', , ' , ) -.'.',:-:,,;;':',:,<':). , "" '~~, """ " ;toft ~ ~~ ~æ ~~~ .Ji> It ~..U-t~,) ", .;," <!,:~:, -1 ~ þN.~ I'ð)t~ )¡¿~ Ow ~~; ::;;,;:::11, 0",,;; 1:::dN ::J ~;;~ ~~¡:~>::; 'j :';,t1J L~~£d j ~ Pt!4/vJ 6}.) ~"".:::\ -,. M ~ fi(fu eorn-- ðIJ :4.;, ~ 7 ~,:j"':: :~t:G, CPt~ '7 fWøl j¿ ~ Mél1!iiit,,¿ii1:/<," ;,:::;~,(:, DEC-31-131 MON 132:13 PM f~j J~' L' ti I pt/- <3Ö?) 1)37---f1tfh 9135 42,0 133132 ~,,:/.',; ,I ATTACHMENT' REPORT # PO 6 TO ":$/~o;). """ " , !/,;,' ::", ~ ' .', ,- " ",: --:' "',n;:; ':-..- ,,;' " , ~~ .ffi~ {2 . 1 . ~~ f::¥;, p~ ,{),..t. UV b KJ Ii: , ' ~~;,':: ; ; ,>/ Jv¿: ~, ~ liJ&N l~~ ". ' :",~ ;"d, ," ;';',' , . ;:',~' ',' ': ' , '.," , .. , " ,'¡ ,', :>~,,'.:!, : ( " <" ' " " ,:-',;, ::' :,~:ü~:r;': , ' RECEIVED DEC 3 1 2001 CITY OF PICKERING PLANNING AND ' DEVELOPMENT OEPA,:~~1ENT -' 68 The Regional Municipality" of Durham Planning Department 1615 Dundas St. E. , 4th Floor, Lang Tower West Building PO. Box 62;3 Whitby, ON L 1 N 6A3 (905) 728-7731 Fax: (905) 436-6612 ""~ w.region.durham.on.ca . Ä.L. Georgieff, MCIP, RPP . Commi'ssioner of Planning ArlACHMENT #~L-..._TO n..-r)U' AT II Pu" .~ /- 0 ;;l. n¡;,r '.~--_.....'.... December 19; 2001 R 11:: C Ii:". ~ "if' ."", ID . r~'\ß ,~~ t; ¡ '.; ""','~,' .=~ . Ross Pym, Principal Planner. Planning & Development Department . One the Esplanade' . Pickering, Ontario L 1V 6K7 DEC?1 2001 CI i ,,;i':.'; .i;¡.\jG DEVElO~L~:';; ." F';\:~rMENT ~-.. ,..., . I DearMr. Pym: . . Re: Zoning AmendmentApplication A18/O1 . Applicant:, Frank & Josephine Mastrorillo Location: . ,Lot 2, Plan 423 . Municipality: City of Pickering We have reviewed this application and the followingcorriments are offered with respect to compliance with the Durham Regionai Official Plan, the proposed method of servicing and delegated provincial plan review responsibilities. The purpose of the application is to permit the continuation of the existing building containing four (4) dwelling units consisting of the primary dwèllingunit for the owner and three (3) basement apartment dwelling units: . . , . ,The ,subject property is designated "Uving'Ar~a in the Durham Regional Official Plan. Lands within this designation shall be used predominantly foF housing purposes and shall be developed to in-corporate the widest possible variety of housing types, sizes anc~ tenure. The propòsed amendment is in conformity with the Durham Regional Official Plan. . . Regional water arid sanitary sewer services are available to the subject property. This application has been screened in accordanC€with the terms of the , . provincial plan review responsibilities. No provincial interests appear to be affected, ". . If yo~ have any ~uestions ~r require åddi~ional information, plèase call me. Y~IY~" R~yZeS' Planner' . Current Operations Branch R:\lraininglrd\zoninglpickering a18-01.doc 100% Post Consum~r Veridian 12/18/01 10:09 PAGE 2/2 RightFAX ATTACHMENT I R TO REPORT f/ PO ~ 1.- () ;}. 69 VERIDIAN CONNECTIONS DEVELOPMENT APPliCATION REVIEW ~ PROJECT NAME: I ADDRESS/PLAN: Frank and Josephine Mastrorillo 1495 Rosebank Road Lot 2 Plan 423 i MUNICIPALITY: Pickering I REF. NO.: A18/01 SUBMISSION DATE: November 29,2001 1. The existing se.tVÍce to this building may be inadequate. Details rega.td.íng a service upg.tade can be obtained from.' oUt offices. 2. Other: The applicant is reqUÍJ:ed to con1:ta.ct Veridian to obtain Tecbnícal Bulletins and Standa.tds .tegatding residen1ial se.tVÍces. Tecbnícal Representative: Sharon Kennedy ext. 3235 Or Mike Duck ext. 3263 Telephone 427-9870 ~ REC~JHr=1) DEC "I 8 LUU) -' DE\, ' -,---'"".- . ,{",NT - 70 ATTACHMENT # c¡ TO REPORT if PO .3/ -0 ;J.. :':C,l'3.è)][11 6: l:3Pt"1 CNRP TOF:ONTCI 1'-10.002 P.1.-"1 Canadian Propriétés NlitiMal ferraviaires du Railway Canadien Properties Int. Nationallnc. 277 Front Street We5t Floor 8 Torol1to, Ontario M5V 2X7 217. rue Front ouest 8' étage Toronto (Ontario! MSV 2X7 Têlépho/ll!: (416) 217.1i9Eil Tl!lkopleur: (416) 217-6743 c:N telephone: (416) 217-6961 Facsimile: (416) ~17.fi743 VIA FACSIMILE - (90S) 420-9685 Decembe. r 19, 20~ ß l?Jl l/ð~/ Mr. Bruce or, AMCT Ci rk ty of Pickering Pickering Civic Complex, 1 The Esplanade Pickering, Ontario L1 V 6K7 Your File: A1a/Ol Our File: TZ-4500-P-O2 --"' ~ -. ~.....;-.\O,~'~.. "0 Re'.~, ,.7 ~7 .. .,. j[;;, . DEC ~ '¡lll\)1 r¡ ,,; ,If \ ¡, I,-~...~ Dear Mr. Taylor: Re: Proposed Zoning By-law Amendment Lot :2 Plan 423 1495 Rosebank Road, City of Pickering We have reviewed your letter, dated November 29, 2001, regarding the above noted application and request that the following clause be inserted in all development agreements, offers to purchase, agreement$ of Purchase and Sale or Lease and ¡ndude in a Noise Impact Statement: "Warning: Canadian National Railway Company or Its assigns or successors In interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right-of"way in the future Including the possibility that the railway or its assigns or successors as aforesaid may expand Its operations, which expansion may affect the livIng environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and Individual dwelling{s). CNR will not be responsible for any complaints or claIms arising from use of such facilltles and/or operations on, over or under the aforesaid right-af-way." Should you have any further questions, please do not hesitate to contact the undersigned at (416) 217,,6961. Yours truly, ~ Geoff Woods Development Review Coordinator A wholly owned sub~ dlary at Qnadlan NMlonal Railway Company/ Une ilUal~ on proprl~tó exdu51ve da la (omp~gnle des themlns defer nillloMux du Canada ATTACHMENT#_/ð TO 'r{tF'ORT # PO__...3 ':J22:,.___- 71 OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM -R- E. ----r- - ~. ~, ;;:- .'""'"~";"'l' "". "", ',~ ~,,'J! . DEC:1 '1 iOU! December 18,2001 G¡ .\.;Í ,,',-¡lENT """""-'"- To: Ross Pym Principal Planner-Development From: Richard Holborn Division Head, Municipal Property & Engineering Subject: Zoning By-law Amendment Application A18/01 Frank and Josephine Mastrorillo Lot 2 Plan 423 1495 Rosebank Road City of Pickering The Municipal Property & Engineering Division is in receipt of the above noted 'zoning application. This Division's main concern is that with inadequate availably of parking for the four dwelling units, the result would be on-street parking that would conflict with traffic operation ofthe intersection, and would impede maintenance operations. R1f:ds . Copy: Director, Operations & Emergenc:y I:\SITEPLAN\A18-0 1 Lot2Plan423 .docDec-O 1 3/21/2002 6:02 PM FROM: DEELtd. 4164399933 Don Eri Enterprises Ltd TO: 905-420-7648 PAGE: 002 OF 002 72 ATTACHMENT 11 / / TO REPORT It PO 3/ -0 d Don Eri Enterprises Ltd. 31 Ben Stanton Blvd. Toronto, ON MIH IN7 Tel. 416-438-2326 Fax: 416-439-9933 March 21,2002 Attention: Mr. Ross Pym, MCIP, RPP Planning & Building Department Pickering Civic Complex One The Esplanade Pickering, ON Ll V 6K7 RE ZONING ApPLICATION #A18-0l AMENDMENT Dear Mr. Pym: I represent Mr. & Mrs. F. & 1. Mastrorillo of 1495 Rosebank Road, Ward 1 in the City of Pickering, Ontario. In their re zoning application #AI8-0 1 under the present Zoning by-Law. At this time my client's would appreciate an opportunity to amend the re zoning application #18-01 Lot.#2 Plan #473 municipally known as 1495 Rosebank Road to apply the re zoning to accept three units and not four units as originally applied for. Amendment to the re IoDine application #A18-01 to be as follows: One unit to be the Main dwelling ofthe upper two floors. Two exclusively Batchelor units consisting of one bedroom, one kitchen, one bathroom in each of the two units. Trusting this amendment to the re zoning application #AI8-0 1 may receive a review prior to the Planning Development & Building Departments Committee meeting on Monday the 8th day of April 2002 Sincerely, Mr. G. F. D'Eri, LC Per Don Eri Enterprises Ltd. cc Client Office File Councillor Maurice Brenner, Ward 1 Aldine Construction Ltd. Platming Department Building Department Fire Prevention Officer 5/6/2002 11:07 PM FROM: OEELTO 4164399933 Don Eri Enterprises Ltd 'TO: 905-420-7648 PAGE: 002 OF 002 AfTACHMENT #_/.;( TO REPORT # PD 8/ ~o ~ 73 Don Eri Enterprises Ltd. 864 Midland Point Road Midland, ON L4R 5G2 Telephone: 705-526-0146 Fax: 705-526-0363 "" 31 Ben Stanton Blvd. Toronto, ON MIH IN7 Voice 416-438-2326 Fax 416-439-9933 Cell: 416-316-9933 May 6, 2002 Attention: Linda Taylor, MCIP, RPP Manager CUITent Operations Pickering Civic Complex One The Esplanade Pickering, ON Ll V 6K7 Re: Zoning Application A18-01 Dear Linda Taylor, I respectfully request a deferment of our appearance at the upcoming Planning Committee Hearing on Monday May 13, 2002 My clients have engaged the services ofa Planner, Mr. Anthony Biglieri of the Biglieri group, we require time until the next scheduled PlalUling Committee Hearing so as to allow Mr. Biglieri an opportunity to familiarize himself with this application. Please acknowledge if this request is acceptable to the Planning Committee and your office to the above Toronto numbers. 416-438-2326 Fax 416-439-9933 Sincerely, 9 !7. 'lJ Qri cc A. Biglieri S. Mastrorillo F. Mastrorillo File Ross Pym, MCIP, RPP , RECEIVED MAY 0 1 2002, 1 ~~~E:é9~~:~~h,,:;.' j 5/7/2002 11:49 AM FROM: DEELTD 4164399933 Don Eri Enterprises Ltd TO: 905-420-7648 PAGE: 002 OF 003 74 ¡.,f1Þ.CHMEN"1 #_J3 ~ IU REPORT 1/ PO ~ / -0:2. Don Eri Enterprises Ltd. 864 Midland Point Road Midland, ON L4R 5G2 Telephone: 705-526-0146 Fax: 705-526-0363 Cell: 416-.316-9933 31 Ben Stanton Blvd. Toronto, ON MIH IN7 Voice 416-.438-2326 Fax 416-439-9933 May 7,2002 Attention: Mr. Neil Carroll, MCIP, RPP Director, Planning & Development Pickering Civic Complex One The Esplanade Pickering, ON Ll V 6K7 Re: Re- Zonin(: Application # A18-01 Revision Dear Mr. CalToll: After further consultation with the client and their planner Mr. A Biglieri we respectfully request our original application # A18-0 1 to amend the zoning Bylaw submitted by Mr. & Mrs. F & J Mastrorillo on lands being Lot # (2), Plan # 473, Municipally known as 1495 Rosebank Road to allow for a building containing (4) dwelling units, The primary dwelling unit for the property owner on the main and upper floors and (3) basement dwelling units. Be revised to allow for a building containing (2) dwelling units consisting of the primary dwelling unit for the property owner on the main and upper floors and (1) basement dwelling unit. It has been stated in the Planning Director's Report #14-02, "Planning Staff would be supportive of a revised application to introduce one (1) additional dwelling unit in the existing dwelling." My clients are revising their initial Zoning By-Law Amendment application # A 18-01 to accept this revision as stated March 26, 2002 report PD 14-02 Page 5, Para. 1 .../2 .- '~RECEI\fED MA~ 0 7 '2002 \ ~;~6Y!;~.~:i!.. ?:X\':._.;~.., ~ 5/7/2002 11:49 AM FROM: DEELTD 4164399933 Don Eri Enterprises Ltd TO: 905-420-7648 Page 2 ATTACHMENT #_/'2_- TO r~EPORT Ii DO 3/::/)?-. PAGE: 003 OF 003 75 We ask this amendment be referred back to Staff with the appropriate conditions for approval. Sincerely, 9 !7: 7) Uri cc A Biglieri, BAA Planner S. Mastrorillo F. Mastrorillo File Linda Taylor, MCIP, RPP Manager Ross Pym, MCIP, RPP Principal Planner Maurice Brenner, Councillor, Ward 1 Planning Committee GD:gd. 66 ATTACHMENT' 5 TO REPORT' PO '~(-O2 Barbara Kotyk, 1454 Rosebank Road, Pickering, Ontario LI V IP4 RECEIVED-" DEC 2 0 2001 CITY OF PICKERING DE\' PLANNING AND ElOPMENTDEPAATMENT December 19,2001 Planning and Development Committee, City of Pickering, One The Esplanade, Pickering, Ontario. Dear Committee Members, This letter states my objection to the recent proposal by Mr. Frank Mastrorillo of 1495 Rosebank Road to rezone his home from that of a single family dwelling to one which is multi-tenanted. My reasons for opposing this are: Concern that other property owners in the neighbourhood will do the same, once a precedent has been set, thus changing the current single-family atmosphere, flavour and status of this street to a more congested one. . Presently, there are at least eight properties on the Rosebank Road block between Sheppard Avenue and Old Forest which are not owner-occupied. Five are rental properties in various states of disrepair, and the remaining are uninhabitable or vacant lots. (I will provide you with a list of these owners if requested, or they are on City tax roll records). If the present zoning is changed to allow multi-tenanted zoning, any property owner could then follow suit. I believe owners such as the non-residents of these eight rental and other properties would do so. After all, these owners are already in the rental business, and such zoning changes encourages the building of multiple rental units to maximize an owner's investment. The potential for increased congestion, overcrowding, transient population, parking problems, etc. is present and would impact negatively on the stability of our present community. I, and all other property owners on my street, bought our properties on Rosebank Road with full knowledge of its single-family zoning status. The purchase of our property implies our acceptance of this zoning and the laws and regulations that come with it. While I can appreciate Mr. Mastrorillo's desire, a property owner who wishes to build multi-tenanted facilities should seek out land appropriately zoned, or one in which his neighbours do not object. Sincerely, // /jeq 6ttltL +J~ Barbara Kotyk