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Home My WebLink AboutJanuary 25, 2017 pickering.ca Committee of Adjustment Agenda Meeting Number: 1 Date: Wednesday, January 25, 2017 For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email ldunne@pickering.ca Agenda Committee of Adjustment Wednesday, January 25, 2017 7:00 pm Main Committee Room Page Number (I) Adoption of Agenda (II) Adoption of Minutes from December 7, 2016 1-8 (III) Reports 1. P/CA 53/16 B. Bremmers 2057 Blue Ridge Crescent 9-13 2. P/CA 01/17 M. Amire 661 Pleasant Street 14-17 3. P/CA 02/17 P. & L. Gonsalves 970 Rambleberry Avenue 18-22 4. P/CA 03/17 Ansar Medical Services Inc. 2177 & 2185 Brock Road 23-26 5. P/CA 04/17 S. & M. Shipton 3305 Eighth Concession Road 27-31 6. P/CA 05/17 R. Moore & B. Silver 860 Vicki Drive 32-35 7. P/CA 07/17 C. Rudderham & K. Sutherland 937 Duncannon Drive 36-39 8. P/CA 06/17, P/CA 08/17 to P/CA 10/17 Pickering Developments (Squires) Inc. 1740 Fairport Road 40-46 Agenda January 25, 2017 Committee of Adjustment Page 2 of 2 For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email ldunne@pickering.ca Page Number (IV) Other Business 1. Appointment of Secretary-Treasurer (V) Adjournment . Cd;;bf- P1CKER1NG Pending Adoption Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment 1 Meeting Minutes Wednesday, December 7, 2016 7:00pm Main Committee Room That the agenda for the Wednesday, December 7, 2016 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 14th meeting of the Committee of Adjustment held Wednesday, November 16, 2016 be adopted. Carried Unanimously Page 1 of 8 2 -at;; bf----- P1CKER1NG (Ill) Reports 1. PICA 46/16 1331854 Ontario Inc. 1735 Orangebrook Court Committee of Adjustment Meeting Minutes Wednesday, December 7, 2016 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 2511, as amended, to permit a minimum rear yard depth of 5.6 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain site plan approval for an addition to an existing industrial building. 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 Services Department expressing no comments on the application. Written comments were also received from the City's Economic Development Office indicating that the proposal further intensifies an existing industrial use on the property and the Brock Employment Park is nearing full build out, therefore infill intensification is critical to the continued expansion of existing business and/or the attraction of new investment. Marry Edelstein, agent, Doug Blanchard, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. Marry Edelstein stated that the application is minor as there is only one variance. He stated that a Site Plan Application has been submitted and is being reviewed by City staff and a building permit application has just been submitted. Moved by Sean Wiley Seconded by Eric Newton That application PICA 46/16 by 1331854 Ontario Inc., be Approved on the grounds that the minimum rear yard depth of 5.6 metres, is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed addition, as generally sited and outlined on the applicant's submitted plans. Page 2 of 8 -~6~ P1CKER1NG Committee of Adjustment 3 Meeting Minutes Wednesday, December 7, 2016 7:00pm Main Committee Room 2. That the applicant obtain site plan approval for the proposed construction by December 7, 2017, or this decision shall become null and void .. 3. That the applicant obtain a building permit for the proposed addition by December 7, 2017, or this decision shall become null and void. 2. PICA 66/16 Squire Beach Holdings Limited 1325 Squires Beach Road Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended, to permit: • front yard parking to be limited to 56 percent of the total required parking area; whereas the by-law requires front yard parking to be limited to 20 percent of the total required parking area • an accessory building to be erected in the front yard; whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard The applicant requests approval of these variances in order to obtain site plan approval for a concrete batching facility. 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 Services Department expressing no comments on the application. Written comments were also received from the City's Economic Development Office in support of the application. They indicated that the requested variances will have little to no impact on surrounding parcels or on other industrial operations, and that the variances are necessary for the successful business operation of the user. Written comments were also received from the Toronto and Region Conservation Authority (TRCA). They indicated that the site is regulated by TRCA with respect to its location adjacent to and encompassing a wetland area of interference. The property abuts lands that form part of a Provincially Significant Wetland, and includes wetlands along the north side of the property. Limits of the development along the north side of the site have not yet been determined, which may or may not affect the development configuration. TRCA requires that the applicant obtain a Permit under O.Reg. 166/06 for the proposed construction. Peter Heffernan, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 3 of 8 4 -Q4;oi- PJ(KERJNG Committee of Adjustment Meeting Minutes Wednesday, December 7, 2016 7:00pm Main Committee Room Peter Heffernan outlined the site characteristics, including the narrow lot frontage, and provided an overview of the requested variances. He stated that the functional area of the property is in the rear of the lot. He stated that the 5 parking spaces in the front yard are Tequired for the functionality of the site, it allows for the workers to park their cars in the front to not impede the truck movements required for the concrete plant in the rear. The accessory building in the front yard is a scale house for trucks to be weighed and the location is proposed for the most efficient layout of the property. In response to a question from a Committee Member, Peter Heffernan stated that on-site parking is provided only for employees, there will be no retail traffic at this site. Moved by Denise Rundle Seconded by Sean Wiley That application PICA 66/16 by Squire Beach Holdings Limited, be Approved on the grounds that the requested variances, are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed development, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain site plan approval for the proposed development by December 7, 2017, or this decision shall become null and void. 3. That the applicant obtain a Permit under 0. Reg. 166/06 from the Toronto and Region Conservation Authority for the proposed development by December 7, 2017, or this decision will become null and void. 4. That the applicant obtain a building permit for the proposed construction by December -7, 2017, or this decision shall become null and void. 3. P/CA67/16 B. & N. Gray 704 & 708 Front Road Carried The applicant requests relief from Zoning By-law 2511, as amended, to permit: • a minimum front yard depth of 0.3 of a metre; whereas the by-law requires a minimum front yard depth of 7.5 metres • to recognize an existing covered porch and steps to be setback 0.0 metres from the front lot line, whereas the by-law permits uncovered steps and platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required front yard Page 4 of 8 -04()f- P1CKER1NG Committee of Adjustment Meeting Minutes Wednesday, December 7, 2016 7:00pm Main Committee Room • a minimum rear yard depth of 1.5 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres The applicant requests approval of these variances in order to obtain a building permit to construct an addition to an existing dwelling. 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 Services Department indicating that a grading plan will be required through the building permit application process, demonstrating that redevelopment of the subject lands will not have any adverse impacts on the neighbouring properties with regards to drainage from the additional roof area being proposed·and to ensure that drainage from adjacent properties is not impacted. The grading plan should also include existing grades on the subject lands and on adjacent properties as well as proposed grades for the garage area. Written comments were also received from Murray Stroud Law Office on behalf of the owners of 701, 703 and 705 Front Road. The owners are in objection to the requested variances as they do not consider them minor. They are specifically opposed to the proposed rear yard setback of 1.5 metres and front yard setback of 0.3 metres. The owners are also concerned that the size of the proposal will block their sight line to the water. Peter Barton, agent, Ben & Nicole Gray, owners, were present to represent the application. Murray Stroud, on behalf of the owners of 701, 703 and 705 Front Road, was present in objection to the application. Peter Barton provided an overview of the requested variances. He stated that the owners are intending to square off the corner of the existing dwelling, which is currently at a 0.3 metre setback and legalize an existing porch that encroaches onto municipal · land. He stated that the driveway is located on a private street (Waterpoint Street) which crosses Lot 47 and the dwelling is located on Lot 46. He stated that Lots 46 & 47 have been merged to the satisfaction of the City's Legal Department. Murray Stroud stated that he is representing the landowners of 701, 703, and 705 Front Road to express their concerns related to the application. Murray Stroud stated that the owners do not agree that the variances are minor in nature. He stated that the owners believe this is a unique area and that these variances would set a bad precedence for the neighbourhood. The owners are concerned that the larger garage and dwelling would block views from their property and there would be a lot coverage issue if the subject lands were 2 lots. Page 5 of 8 5 6 -a£;oi- PJCKERJNG Committee of Adjustment Meeting Minutes Wednesday, December 7, 2016 7:00pm Main Committee Room Denise Rundle, Committee Member, addressed the concerns of the neighbours in opposition to the application. She stated that the existing dwelling is not in character with the neighbourhood as the character of the neighbourhood is changing. The subject lands are unique and the test for the Committee is not just the numbers being requested in the variances. She stated that the addition is being provided on the west side of the property and amenity space, for this unique corner lot, will be provided along the lands adjacent to Waterpoint Street. In response to a question from a Committee Member, Peter Barton stated the size of the second floor addition is approximately 1 ,000 square feet. Moved by Eric Newton Seconded by Denise Rundle That application PICA 67116 by B. & N. Gray, be Approved on the grounds that the requested variances, are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the existing dwelling and proposed addition, as generally sited and outlined on the applicant's submitted plans. 2-. That the applicant enters into an encroachment agreement with the City to recognize the existing covered porch and steps within the municipal right-of-way (Front Road) by December 7, 2017, or this decision shall become null and void . . 3. That the applicant obtain a building permit for the proposed construction by December 7, 2017, or this decision shall become null and void. 4. PICA 68116 251951.9 Ontario Inc. 1313 Wharf Street Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended, to permit uncovered steps with a height of 1.6 metres above grade to project 2.5 metres into the required front yard; whereas the by-law permits uncovered steps not exceeding a height of 1 .0 metre above grade to project a maximum of 1.5 metres into the required front yard. The applicant requests approval of this variance in order to obtain a building permit to construct a detached dwelling. Page 6 of 8 -Cf4oJ- PJCKERJNG Committee of Adjustment 7 Meeting Minutes Wednesday, December 7, 2016 7:00pm Main Committee Room The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were also received from the Toronto and Region Conservation Authority (TRCA) indicating no objections to the requested variance as the dwelling will be located outside of the floodplain limits and a TRCA permit was previously issued on August 26, 2016. Cade McMannis, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Cade McMannis stated that the proposed dwelling needed to be moved forward, closer to the street, to avoid the TRCA floodplain on the subject property. Moved by Tom Copeland Seconded by Eric Newton That application PICA 68/16 by 2519519 Ontario Inc., be Approved on the grounds that the uncovered steps with a height of 1.6 metres above grade projecting 2.5 metres into· the required front yard, is minor in'nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: · 1 . That this variance apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by December 7, 2017, or this decision shall become null and void. (IV) Other Business 1 . Appointment of Chairperson Moved by Eric Newton Seconded by Denise Rundle Carried Unanimously That David Johnson be appointed as Chairperson for the 2017 term. Carried Unanimously Page 7 of 8 8 2. Appointment of Vice-Chairperson Moved by David Johnson Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, December 7, 2016 7:00pm Main Committee Room That Tom Copeland be appointed as Vice-Chairperson for the 2017 term. Carried Unanimously 01) Acknowledgement David Johnson, Chair, noted this was the last meeting of the year and thanked City Staff and Committee Members for their hard work and support throughout the year. 0/1) Adjournment Date Chair Moved by Eric Newton Seconded by Tom Copeland That the 15th meeting of the 2016 Committee of Adjustment be adjourned at 7:31 pm and the next meeting of the Committee of Adjustment be held on Wednesday, January 25, 2017. Carried Unanimously Assistant Secretary-Treasurer Page 8 of 8 ~-- -C~()f p](KERlNG From: Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 53116 Date: January 25, 2017 Principal Planner-Development Review Subject: Committee of Adjustment Application PICA 53116 B. Bremmers 2057 Blue Ridge Crescent Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015185: • to permit a minimum rear yard depth of 7.1 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a minimum east side yard width of 0.0 metres, whereas the by-law requires a· minimum interior side yard width of 1.2 metres • to permit a maximum lot coverage of 41 percent, whereas the by-law permits a maximum lot coverage of 40 percent The applicant requests approval.of these variances in order to obtain building permit to construct a single-storey addition in the rear yard. Recommendation The City Development Department considers a minimum rear yard depth of 7.1 metres, a minimum east side yard width of 0.0 metres, and a maximum lot coverage of 41 percent to be major variances, that are not 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 variances. or If the applicant were to request that the application be amended to permit a minimum east side yard width of 0.6 metres, the following recommendation would apply: The City Development Department considers a minimum rear yard depth of 7.1 metres, a minimum east side yard width of 0.6 metres, and a maximum lot coverage of 41 percent to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1 . That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. -------------- 9 10 Report PICA 53/16 Comment Official Plan and Zoning By-law January 25, 2017 Page 2 Pickering Official Plan -"Urban Residential Areas -Low Density Areas" within the Brock Ridge Neighbourhood. Zoning By-law 3036, as amended by By-law 2015/85 -"S-SD-SA"-Single, Semi-Detached, Semi-Attached Residential Appropriateness of the Application Required Rear Yard Depth and Lot Coverage Variance • the intent of these provisions is to ensure adequate amenity space is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow appropriate access for maintenance, lot grading and drainage • the by-law requires a minimum rear yard depth of 7.5 metres and permits a maximum lot coverage of 40 percent • the applicant is requesting to permit a maximum lot coverage of 41 percent and a minimum rear yard depth of 7.1 metres • the proposed rear yard depth will maintain the necessary separation distance to provide appropriate access for maintenance, lot grading and drainage and allow for an appropriate amount of useable amenity space to be left uncovered by buildings in the rear yard • the proposed rear yard depth will have minimal impact on the privacy of abutting property owners as the addition would only be one storey in height • the requested variance to increase the maximum lot coverage by one percent is minor and will allow for an adequate amount of amenity space to remain uncovered by buildings on the lot • staff is of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the land and maintain the intent and purpose of the Official · Plan and Zoning By-law Required Interior Side Yard Width Variance • the intent of a minimum side yard width is to provide an appropriate separation distance between structures on abutting properties in order to maintain pedestrian access, accommodate grading, drainage and maintenance and protect the privacy of abutting property owners • the' by-law requires a minimum side yard width of 1.2 metres • the applicant is requesting a minimum side yard width of 0.0 metres in order to accommodate a single storey addition to the existing dwelling in the rear yard • the proposed 0.0 metre east side yard width does not provide sufficient space for appropriate access for maintenance, lot grading and drainage Report PICA 53/16 11 January 25, 2017 Page 3 • the proposed east side yard width will not provide an appropriate setback and separation from the abutting property to the east with respect to openness and visual impact, as the proposed addition will be located on .the shared property line • staff are of the opinion that the proposed east side yard width of 0.0 metres would have an adverse impact on the abutting neighbour to the east • however, staff is of the opinion that a minimum east side yard width of 0.6 of a metre would provide an adequate separation between the addition and the east property line to accommodate pedestrian access, grading, drainage and residential utility services • the requested variance is not minor in nature, not desirable for the appropriate development of the land and does not meet the intent of the Zoning By-law Input From Other Sources Engineering Services • no comments on the application Date of report: January 19, 2017 Comments prepared by: /11{ .. m;f[t)?Joln Melissa Markham, MCIP, RPP Principal Planner-Development Review CM:MM:Id J:\Documents\Development\D-3700\2016\PCA 53-16\Report\PCA 53-16 Report.docx Attachments 12 0 <: 0 0:: THIRD CONCESSION Location Map FILE No: P/CA 53/16 APPLICANT: B. Bremmers 0 <: ~"~"~_,~,-~------~TT~ ~ CENTENNIAL PARK 0 ~ u 0 0::: r-\I~TT-r.---~ m City Development Department PROPERTY DESCRIPTION: Part of Block 28, 40M1535 Parts 5, 6 2057 Blue Rid e Cresent DATE: Sept 6, 2016 SCALE 1 :5,000 PN-10 to permit a maximum lot coverage of 41% 1-41 ... 1-----7.6 m ___ .,....,i I Lm -----~-------~~ I I I I I I I I I I 7.6 m x 30.5 m = 232.4 m~ Dwelling & proposed 72.8 m + 17.8 m = 90.6 · mf Proposed lot coverage= 40.7~ I 1 --- ... 1 _...A_ 2057 Blue Ridge Cres Dwelling 72.8 m2 30.5 m { .Adjacent dwelling is flush .--~~~~~~----~~~--~--~L_ ~ Proposed 1.7 m seasonal Adjarent J dwelling extends y .J.6 rr endosure 1 l 21.8 m2 (235sf) ~ 1 I 1 ~ to permit a minimum side !!========r====:=!l yard width of 0.0 metres 1.6 m ---to,,..._.. ......... ~l ...... l---5. 9 m -----,~..___.~ I ~I I I 1.7 m past to permit a minimum rear yard depth of 7. 1 metres --OitJo/-- PlCKERJNG City Development Department I I I 7.1 m 1 I I I I 1' L -----...I___j Submitted Plan FILE No: P/CA 53/16 APPLICANT: B.Bremmers PROPERTY DESCRIPTION: Part ot Block 28, 40M1535 Now RP 40M1535 Parts 5, 6 (2057 Blue Ridge Cresent) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT [ DATE.: Dec. 15, 2016 13 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 01/17 Date: January 25, 2017 Principal Planner-Development Review Committee of Adjustment Application PICA 01/17 M.Amire 661 Pleasant Street The applicant requests relief from Zoning By-law 2511, as amended, to permit uncovered steps and a platform (deck) not exceeding 1.2 metres in height above grade to project a maximum of 1.8 metres into the required rear yard, whereas the by-law does not permit uncovered steps or platforms to project into the required rear yard. - The applicant requests approval of this variance in order to obtain a building permit to construct a deck in the rear yard. Recommendation The City Development Department considers uncovered steps and a platform (deck) not exceeding 1.2 metres in height above grade projecting a maximum of -1.8 metres into the required rear yard to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the proposed uncovered steps and platform (deck), as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Areas -Low Density Areas" within the Bay Ridges Neighbourhood. Zoning By-law 2511-"R4"-Fourth Density Residential Zone Report PICA 01/17 Appropriateness of the Application 15 January 25, 2017 Page 2 Uncovered Steps and Platform (Deck) Projecting into the Required Rear Yard Variance • the intent of this provision is to ensure an adequate amenity space is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow appropriate access for maintenance, lot grading and drainage • the by-law does not permit uncovered platforms and steps to project into the required rear yard • the applicant is proposing a deck and associated steps to project into the required rear yard • the proposed deck and steps will be setback 5.7 metres from the rear lot line, providing an adequate buffer space between the deck and the rear lot line as well as from abutting property owners • the proposed deck and steps will not be covered and will maintain the required south and north side yard setback requirements • staff are of the opinion that there will be no adverse impacts on adjacent neighbours due to the deck and steps and an adequate amount of outdoor private amenity area within the rear yard is being provided as an adequate buffer space between the deck and all lot lines will be maintained • 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 Zoning By-law Input From Other Sources Engineering Services • no comments on the application Date of report: January 19, 2017 . !111( , rv/fldlrrrrvt Melissa Markham, MCIP, RPP Principal Planner-Development Review CM:MM:Id J:\Doe:uments\Develapment\0-3700 Committee of Adjustment (PCA Applications)\2017\PCA 01-17 M. Amire\Report\PCA 01-17 Report.docx Attachments .. ,.. - 7 l..___----L_L_j !::::'-- -04()1- P1CKER1NG City Development Department Location Map File: PICA 01/17 Applicant: M. Amire Prooertv Descriotion:Part Lot 1, Block D Plan 65 (661 Pleasant St) ;;-,The Corporatwn of tne Ci~ of P~ekermg Produced {m part) under hoense lrom: C Queens Pnnter. Ontano M1mstry of Natlllll.l Resources ":"'_rights reserved.;C Her Majesty the Queen in Right of Canada, Dep21rtment of Natural Resources. All rights reserved.; Teranet Entemrtses Inc. and Its suooUers an rlahts reserved.: C Munlcloal Prooertv Assessment Coma~t~lion and its ~Doliers all riohts reserved.: r---f--!-- - _- Date: Nov. 22 2016 SCALE: 1:5,000 PN-12 THIS 1• "m • •• '" nF SURVEY --~D~- PJCKERJNG City Development Department ~ 11.8 11.7 tJ I i -___ "! _____ T -- 1 I I I ~ --l- J ~ -rot ~r. --r l i ~ ~k4 b-!_ . L \ I .... j I c -3.4 11.7 + 60.1 Submitted Plan File No: P/CA 01/17 Applicant: M. Amire Property Description: Part Lot 1 , Block D Plan 65 (661 Pleasant Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT . L:\PLANNING\COREL\PLANNING\APPS\PCA\2017 17 I DATE: Jan. 06, 2017 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 02117 Date: January 25, 2017 Principal Planner-Development Review Committee of Adjustment Application PICA 02117 P. & L. Gonsalves 970 Rambleberry Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998185 to recognize an existing second-storey uncovered balcony and associated steps not exceeding 2.5 metres in height above grade to project 4.5 metres into the required rear yard and to permit a platform (deck) not exceeding 0.8 of a metre in height of above grade to project a maximum of 6.1 metres into the required rear yard, whereas the by-law permits, uncovered steps or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required rear yard. The. applicant requests approval of these variances in order to permit a second-storey uncovered balcony in the rear yard, and obtain a building permit for a deck in the rear yard. Recommendation The City Development Department considers a second-storey uncovered balcony and associated steps not exceeding 2.5 metres in height projecting a maximum of 4.5 metres into the required rear yard to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this apply only to the existing second-storey balcony and associated steps, as generally sited and outlined on the applicant's submitted plans. and The City Development Department considers a platform (deck) not exceeding 0.8 of a metre in height of above grade projecting a maximum of 6.1 metres into the required rear yard, 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. Report PICA 02/17 Comment Official Plan and Zoning By-law January 25, 2017 1 9 Page 2 Pickering Official Plan -"Urban Residential Areas -Low Density Areas" within the Liverpool Neighbourhood Zoning By-law 3036, as amended by By-law 1998/85 -"S2"-Single Residential Appropriateness of the Application Uncovered Balcony and Associated Steps Projection into the Required Rear Yard Variance • the intent of this provision is to ensure an adequate outdoor private amenity area is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow appropriate access for maintenance, lot grading and drainage • the by-law permits uncovered platforms and steps not exceeding 1.0 metre in height above grade to project a maximum of 1 .5 metres into the required rear yard • the applicant is requesting an uncovered platform (balcony) and associated steps not exceeding 2.5 metres in height above grade to project a maximum of 4.5 metres into the required rear yard • the uncovered balcony and associated steps were constructed approximately 20 years ago • the existing balcony projects 3.5 metres into the required rear yard, while the stairs project an additional 1.0 metre, for a total projection of 4.5 metres • the existing balcony maintains the required south and north side yard setback requirements and is setback 3.1 metres from the rear lot line • the existing balcony offers additional outdoor amenity area for the dwelling and will continue to allow an adequate amount of soft landscaped space to be provide at grade in the rear yard • staff are of the opinion that the existing uncovered balcony and associated steps are sufficiently setback from all property lines and do not negatively impact abutting property owners • the requested variance is minor in nature and maintains the intent of the Official Plan and Zoning By-law and desirable for the appropriate development of the land Deck Projecting into the Required Rear Yard Variance • the intent of this provision is to ensure an adequate outdoor private amenity area is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow appropriate access for maintenance, lot grading and drainage • the by-law permits uncovered platforms and steps not exceeding 1.0 metre in height above grade to project a maximum of 1 .5 metres into the required rear yard • the applicant is requesting an uncovered platform (deck) not exceeding 0.8 metres in height above grade to project 6.1 metres into the required rear yard 20 ------~~---~---~-~--~·-·-·~··-.. -~---~.,~----~------···---·----~_ .. _,.._ Report PICA 02/17 January 25, 2017 Page 3 o the proposed uncovered deck is currently under construction o an accessory building (shed) has been constructed on top of the southern portion of the deck o the proposed deck is located approximately 1 .5 metres from the rear lot line o the subject property is located substantially higher in grade than the properties to the west o due to the significant grade differential at the rear of the property, staff are of the opinion that the proposed deck will result in a substantial visual and privacy impact on the abutting property owners to the west o the requested variance is not minor in nature, not desirable and appropriate for the development of the land and does not meet the general intent of Zoning By-law Input From Other Sources Engineering & Public Works Department o no comments on the application Date of report: January 19, 2017 Melissa.Markham, MCIP, RPP Principal Planner-Development Review CM:MM:Id J:\Documents\Development\D-3700\2017\PCA 02-17\Report\PCA 02-17 Report.docx Attachments r-----------~------------4~r-----~ ~--------~~----------~~r------L~--~ ~ ~~--~ 1-------------lw 't---------------15 t--------1 rT------------1~~----~--~~ 1-'<:------------1& -04c/- PJCKERJNG City Development Department <( t-----f-----1 Location Ma File: PICA 02/17 A L:\PLANNINGIARCVIEV\1\Map files\Location Maps\2017\CofA PN-12 22 17.7 m '~~--~----------------------~\· 20.0 m /1.5m J J I J. ~I f\4.0 m" l t E ~~ ! . C") ,_ _______ 1\ \ /..oT 118 to permit a platform( deck), not exceeding 0.8 of a metre in height above ~ grade to project a . maximum of 6.1 metres into the required rear yard RAMBLEBERRY AVE Submitted Plan . File No: P/CA 02/17 Applicant: P. & L Gonsalves • City Development Department Property Description: Lot 118, Plan 40M 1467 . (970 Rambleberry Avenue) 3.5 m to recognize an existing second storey balcony and associated steps not exceeding 2.5 metres in height to project 4.5 metres into the required rear yard FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE.CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT I DATE: Jan.05,2017 .--~. · .. L:\PLANNING\CORELIPLANNING\APPSIPCA\2017 -Cfn;of- PJCKERJNG From: Melissa Markham, MCIP, RPP Report to 23 Committee of Adjustment Application Number: PICA 03117 Date: January 25, 2017 Principal Planner-Development Review Subject: Application Committee of Adjustment Application PICA 03117 Ansar Medical Services Inc. 2177 & 2185 Brock Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 7124111, to permit balconies to project a maximum of 1.5 metres beyond the south and west limits of the building envelope as illustrated on Schedule II to By-law 7124111; whereas the by-law requires that all buildings and structures be located entirely within the building envelope as illustrated on Schedule II to By-law 7124111. The applicant requests approval of this variance in order to obtain Site Plan Approval for a 5-storey mixed-use building, including ground floor commercial uses and 48 residential units. Recommendation The City Development Department considers balconies projecting a maximum of 1.5 metres beyond the south and west limits of the building envelope as illustrated on Schedule II to By-law 7124111, to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the proposed building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas" within the Brock Ridge Neighbourhood and the Duffins Precinct Development Guidelines Zoning By-law 3036, as amended by By-law 7124111 -"RHIMU-7" 2'Report PICA 03/17 Appropriateness of the Application January 25, 2017 Page 2 Balconies Projecting Beyond the Building Envelope Along the South and West Lot Line • the intent of the by-law in requiring a building envelope from the south and west lot line is to ensure that the building siting and massing provides an appropriate interface with existing development and Brock Road • the by-law requires buildings and structures to be located entirely within a building envelope, which is setback 5.0 metres from the south lot line and 3.0 metres from the west lot line • the applicant is proposing to permit balconies to project a maximum of 1.5 metres beyond the required building envelope, along the south and west lot line • the requested variance will not adversely impact the views from Brock Road or the abutting lands to the south • staff are of the opinion that the projection of the balconies beyond the building envelope along the south and west lot line is appropriate for the development of the lands • the requested variance is minor in nature, desirable for the appropriate development of the land, and maintains the purpose and intent of the Official Plan and Zoning By-law Input From Other Sources Engineering Services Site Plan Committee Date of report: January 19, 2017 Comments prepared by: Rory McNeil Planner I RM:MM:Id J:\Oocuments\Development\D-3700\2017\PCA 03-17 \Report\PCA 03-17 .doc:x Attachments • no comments on the application • no objections to the application Melissa Markham, MCIP, RPP Principal Planner-Development Review DELLBROOK AVENUE Q_J_ MAJOR OAKS ROAD rif,l~, I~ -~'---_I~ ->-_I~ -w z !~ -> 0 1---!----1 ==a:: ~ 1.., -Cl W-iJ: -)-, .co-ll -<( .______,---------, ~ -It-'-----1 -(/J c: L ._______,__. ~ -~D~ PJCKERJNG City Development Department h SUBJECTl PROPERTY( "'-._ I ~Ill F= l w zr-----~ \ ~ of--i=="A!-W-1E~:¥."'ET _1 o::f--~~ u.. u..-'1 z ~-$ (/J~ ~----~· ~ ,.............,..,...,"T'T'"'r'"1""'!'----'\ '---r I I I I I I I I USMAN ROAD Location Map File: PICA 03/17 Applicant: Ansar Medical Services Inc. \ Property Description: Part Lot 18, Con 2 S, RP 40R7062 Part 1 (2177 & 2185 Brock Road) Date: Dec. 06 2016 - 0 4 ~ 1 - Pl C K E R l N G R1 T U R E DE V E L O P M E N T TO P . Of'. FL :S U B Of FU J U R ' E BUI L D I N G . ·fi . E V . 0. 0 2 , . M . Su b m i t t e d Pl a n FI L E No : P/ C A 03 / 1 7 To pe r m i t ba l c o n i e s to pr o j e c t a ma x i m u m of 1. 5 me t r e s be y o n d th e so u t h an d we s t li m i t s of th e bu i l d i n g en v e l o p e as il l u s t r a t e d on sc h e d u l e II to By - l a w 71 2 4 / 1 1 AP P L I C A N T : An s a r Me d i c a l Se N i c e s In c .. r - - - - - , I \ I ' , I 81 0 - ' ! W J i . . N l l O N \ L \ I ' ' I ) L _ _ _ _ _ _ _ _ _ _ .. J PR O P E R T Y DE S C R I P T I O N : Pa r t Lo t 18 , Co n 2 S, RP 40 R 7 0 6 2 (2 1 7 7 & 21 8 5 B r o c k Ro a d ) Ci t y De v e l o p m e n t De p a r t m e n t FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CI T Y OF PI C K E R I N G CI T Y DE V E L O P M E N T DE P A R T M E N T . L: \ P L A N N I N G \ C O R E L \ P L A N N I N G \ A P P S \ P C A \ 2 0 1 7 -- " ~ .. ~ SITE PLAN . 5Cilte:1:300 1' DATE: Jan. 05, 2017 -ait;bi- PlCKERlNG From: Nilesh Surti, MCIP, RPP 27 Report to Committee of Adjustment Application Number: PICA 04117 Date: January 25, 2017 Manager, Development Review & Urban Design Subject: Application Committee of Adjustment Application PICA 04117 S. & M. Shipton 3305 Eighth Concession Road The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 6577105: • to permit an agricultural-related machine shop use accessory to an agricultural operation; whereas the by-law does not permit an agricultural-related machine shop • to recognize a minimum lot frontage of 142.7 metres; whereas the by-law requires a minimum lot frontage of 150 metres The applicant requests .approval of these variances in order to permit an existing agricultural-related machine shop for the repair of agricultural equipment and agricultural related vehicles. Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the lands, 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 only one agricultural-related machine shop accessory to an agricultural operation shall be permitted within a wholly enclosed building having a total gross floor area of 190 square metres. Comment Official Plan and Zoning By-law The Official Plan designates the majority of the subject lands as "Agricultural Areas", except for a small portion of the property at northeast quadrant designated as "Open Space System - Natural Areas". The subject lands are currently zoned as "A"-Rural Agricultural Zone within Zoning By-law 3037, as amended by By-law 6577105, which permits a residential dwelling, a home occupation, and a variety of agricultural and recreational uses. .....-----~--~-~~~~· ·--~·-·-· ~-~-· ~----~------· ---------------------~ 28 Report PICA 04/17 Appropriateness of the Application Agricultural-Related Machine Shop January 25, 2017 Page 2 o the applicant is requesting a variance to recognize an existing agricultural-related machine shop on the subject lands o the property currently contains the applicant's personal residence and a farm operation o the owner currently maintains and repairs agricultural and agricultural related equipment such as heavy agricultural equipment/machinery and vehicles (trucks and buses) to support the existing agricultural operation and other agricultural operations within the community , o the Pickering Official Plan permits a variety of agricultural-related uses on lands designated as Agricultural Areas, including farm-related businesses and agricultural industries o the Durham Regional Official Plan designated the subject lands as Prime Agricultural Area, which allows for a variety of agricultural and agricultural-related uses · o the Regional Official Plan defines agricultural-related uses as those farm related commercial and farm-related industrial uses that are small in scale, directly related to the farm operation and are required in close proximity to the farm operation o the existing agricultural-related machine shop use is small in scale and confined to an existing accessory structure having a total gross floor area of approximately 190 square metres, which covers less than 1% of the total land area o the accessory building is setback a minimum of 140 metres from the front lot line (Eighth Concession Road), a minimum of 9.0 metres from the west lot line, a minimum of 115 metres from the rear lot line, and a minimum of 130 metres from the east lot line o the setbacks provide an adequate buffer space between the use and the abutting properties to the west, south and east, and from Eighth Concession Road Reduced Lot Frontage o the applicant is requesting a variance to recognize the existing lot frontage of 142.7 metres o the by-law requires a minimum lot frontage of 150 metres o the proposed lot frontage will maintain a usable lot size and is of sufficient size to allow for continuing agricultural and agricultural-related uses . Staff are of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the lands, and maintains the intent and purpose of the Official Plan and Zoning By-law. Report PICA 04/17 Input From Other Sources Engineering Services Department Central Lake Ontario Conservation Authority (CLOCA) Date of report: January 19, 2017 Comments prepared by: r? ~~ Rory McNeil Planner I RM:NS:Id J:\Documents\Development\D-3700\2017\PCA 04-17\Report\PCA 04-17.docx Attachments 29 January 25, 2017 Page 3 • no concerns with the variance application • no objections to the requested variance • the lands are subject to Ontario Regulation 42/06, Regulations of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses • written permission from the Authority is required prior to any new development on the site 0. 'l,t'v _ ' ' Nilesh Suf\li. M , RPP Manager, [S)evelopment Review & Urban Design SUBJECT PROPERTY EIGHTH CONCESSION ROAD -Cifpc/- PJCKERJNG City Development Department Location Map File: PICA 04/17 N UJ z :::J r--------1~ U5 Applicant: S. & M. Shipton Property Description: Part Lot 3, Con 7 N (3305 Eigth Concession Road) \ I I Date: Dec. 22 2016 • ~0 .1 ~o --Cd;;cJ-- PlCKERJNG City Development Department to permit an agricultural related machine shop accessory to an agricultural operation 9.1 m to recognize a minimum lo ~~-J~-f:1f--1--l frontage of 142.7 metres Submitted Plan File No: P/CA 04/17 · Applicant: S. & M. Shi ton Property Description: Part Lot 3, Con 7 N (3305 Eigth Concession Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT . DATE: Jan. 05, 2017 L:\PLANNING\COREL\PLANNING\APPS\PCA\2017 31 32 -04~1- PlCKERlNG From: Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 05117 Date: January 25, 2017 Principal Planner-Development Review Subject: Application Committee of Adjustment Application PICA 05117 R. Moore & B. Silver 860 Vicki Drive The applicant requests relief from Zoning By-law 2520, as amended, to permit uncovered steps and a platform (deck) not exceeding 0.7 metres in height above grade to project a maximum of 3.3 metres into the required rear yard; whereas the by-law does not permit uncovered steps or platforms to project into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct a deck in the rear yard. Recommendation The City Development Department considers uncovered steps and a platform (deck) not exceeding 0.7 metres in height above grade projecting a maximum of 3.3 metres into the required rear yard, to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the proposed uncovered steps and platform, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25 ,2018, or this decision shall become null and void. Comment Official Plan and Zoning By-law · Pickering Official Plan -"Urban Residential -Low Density Areas" within the West Shore Neighbourhood. Zoning By-law 2520, as amended-"RM1"-Multiple Family Dwelling First Density Zone Report PICA 05/17 Appropriateness of the Application 33 January 25, 2017 Page 2 Uncovered Steps and Platform (Deck) Projecting into the Required Rear Yard Variance • the intent of this provision is to ensure an adequate amenity space is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow appropriate access for maintenance, lot grading and drainage • the by-law does not permit uncovered steps or platforms to project into the required rear yard • the applicant is proposing a deck and associated steps to project into the required rear yard; the deck is 3.6 metres in depth, however only 3.3 metres of the deck projects into the required rear yard (7;6 metres) • the proposed deck will be setback 4.3 metres from the rear lot line, providing an adequate buffer space between the deck and the rear lot line as well as from abutting property owners • there does not appear to be any adverse impacts on adjacent neighbours due to the proposed deck • the proposed deck will provide for additional outdoor amenity area and will maintain an adequate amount of soft landscaped area in the rear yard • the requested variance is minor in nature, desirable for the appropriate development of the land, and maintains the purpose and intent of the Official Plan and Zoning By-law Input From Other Sources Engineering Services Date of report: January 19, 2017 Rory McNeil Planner I RM:MM:Id J:\Documents\Development\D-3700\2017\PCA 05-17\Report\PCA 05-17 .doax Attachments • no comments on the applic9tion f/1!t rv1th Melissa Markham, MCIP, RPP Principal Planner-Development Review -04;()1- P1CKER1NG City Development Department c:u..-~ / 1- 1--- ,_ 1------1-----l tii 1--t----1 1------1-----l ~ 1--t----1 1------1-----l I-1--1-----l 1--+-~ en 1--1----1 1--+-~ ~ 1--1----1 1--+-~ ::J 1--t----1 1--+-~ 0 1--t----1 PN-12 --Ci4; Di·-- PlCKERlNG City Development Department ----------------------------------------...... Vicki Drive Submitted Plan File No: P /CA 05/1 7 Ap licant: R. Moore & B. Silver '~J: rJ---~ c-=- ~c~-- -·\ Property Description: Lot 322, "Plan M20 (860 Vicki Drive) to permit an uncovered steps and platform 0. 7 metres in height above grade to project 3.3 ,..,.,,tro"• irito the required rear yard FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Jan. 06, 2017 35 L:\PLANNINGICOREL\PLANNING\APPS\PCA\2017 36_---'-~ bf-- P1CKER1NG From: Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 07/17 Date: January 25, 2017 Principal Planner-Development Review Subject: Application Committee of Adjustment Application PICA 07/17 C. Rudderham & K. Sutherland 937 Duncannon Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 2917/88, to permit uncovered steps and a platform (deck) not exceeding 2.6 metres in height above grade to project a maximum of 2.7 metres into the required rear yard; whereas 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 rearyard. The applicant requests approval of this variance in order to obtain a builqing permit to construct a deck in the rear yard. Recommendation The City Development Department considers uncovered steps and a platform (deck) riot exceeding 2.6 metres in height above grade projecting a maximum of 2.7 metres into the required rear yard, to be minor in nature, desirable for the appropriate development of the land, . and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. T_hat this variance apply only to the proposed uncovered steps and platform, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density A~eas" within the Liverpool Neighbourhood. Zoning By-law 3036, as amended by By-law 2917/88-"R3-3" Report PICA 07/17 January 25, 2017 37 Page 2 Appropriateness of the Application Uncovered Steps and Platform (Deck) Projecting into the Required Rear Yard Variance • the intent of this provision is to ensure an adequate amenity space is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners, and allow appropriate access for maintenance, lot grading and drainage • the 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 • the applicant is proposing a deck and associated steps to project into the required rear yard; the deck is 4.2 metres in depth with a height of 2.6 metres above grade • the lot is slightly irregular and the rear of the dwelling is not parallel to the rear lot line, the deck is parallel to the dwelling • the closest portion of the deck to the rear lot line is 4.8 metres will have a projection of 2. 7 metres into the required rear yard depth • a line of trees along the south east and west lot lines, in the rear yard, provides a visual buffer between the proposed deck and the abutting property owners to the east, south and west · • the proposed setback from the rear lot line provides an adequate buffer space between the deck and the rear lot line as well as from abutting property owners • there does not appear to be any adverse impacts on adjacent neighbours due to the proposed deck • the prop<?sed deck will provide for additional outdoor amenity area and will maintain an adequate amount of soft landscaped area in the rear yard • the requested variance is minor in nature, desirable for the appropriate development of the land, and maintains the purpose and intent of the Official Plan and Zoning By-law Input From Other Sources Engineering Services Date of report: January 19, 2017 Comments prepared by: __ ,-~·-~~~ , ... --·r~ // .... ,··· / {~ Rory McNeil Planner I RM:MM:Id J:\Documents\Development\D-3700\2017\PCA 07 -17\Report\PCA 07-17 .docx. ___ Attachments • no comments on the application Melissa Markham, MCIP, RPP Principal Planner-Development Review -Oft;c/- PJCKERJNG City Development Department Location Ma File: PICA 07/17 A C The Corporation or lhe City of PICII:erlng Produced (In part) under l1cense from: Cl Queens Printer, Ontario Ministry of Natural Resoun;es. 11 rights reserved.;«:! Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; Teranet Ente rises Inc. and Its s iers all rltlhts reserved.: C Municioal Property Assessment Cornoration and ns oliers an riahts r~IVed.: to permit an uncovered platform 2.6 metres in height above grade to project 2.7 metres into the required rear yard Submitted Plan File No: P /CA 07/17 Applicant: C. Rudderham and K. Sutherland City Development Department Property Description: Lot 28, Plan 40M 1627 (937 Duncannon Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. L:\PLANNINGICOREL\PLANNINGIAPPS\PCA\2017 DATE: Jan. 09, 2017 L____________________________________________________________________________ - 39 40 __ 0461-- PlCKERlNG From: Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Numbers: PICA 06117, PICA 08117, PICA 09117 & PICA 10117 Date: January 25, 2017 Manager, Development Review & Urban Design Subject: Applications Committee of Adjustment Applications: PICA 06117, PICA 08117, PICA 09117 & PICA 10117 Pickering Developments (Squires) Inc. 17 40 Fairport Road PICA 06117 {Proposed Lot 1), PICA 08117 {Proposed Lot 2) & PICA 09117 {Proposed Lot 3) The applicant requests relief from Zoning By-law 3036, as amended: • to permit a minimum lot frontage of 15.0 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum side yard width of 1.5 metres, whereas the by-law requires a minimum side yard width of 1.8 metres • to permit a maximum lot coverage of 35 percent, whereas the by-law permits a maximum lot coverage of 33 percent PICA 10117 {Proposed Lot 4) The applicant requests relief from Zoning By-law 3036, as amended: • to permit a minimum lot frontage of 4.5 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum side yard width of 1.5 metres to the east side lot line, whereas the by-law requires a minimum side yard width of 1.8 metres • to permit a minimum rear yard depth of 1.5 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a maximum lot coverage of 35 percent, whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to facilitate the creation of three additional lots through the Region of Durham's Land Division Committee, and obtain building permits for the construction of four single detached dwellings. ~----------- Reports PICA 06117, PICA 08117, PICA 09117 & PICA 10117 January 25, 2017 41 Page 2 Recommendation PICA 06117, PICA 08117 & PICA 09117 (Proposed Lots 1, 2, & 3) The City Development Department considers the requested variances 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 the applicant obtains final clearance for future land severance applications by January 25, 2018, or this decision shall become null and void. 2. That the applicant obtain a building permit for the proposed dwellings by January 25, 2019, or this decision shall become null and void. Recommendation PICA 10117 (Proposed Lot 4) The City Development Department considers a minimum frontage of 4.5, a minimum side yard width of 1.5 metres to the east side lot line, a minimum rear yard depth of 1.5 metres, and a maximum lot coverage of 35 percent to be major variances that are not considered to be desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and the Zoning by-law, and therefore recommends Refusal of the proposed variances. Comment Official Plan and Zoning By-law Pickering Official Plan-"Urban Residential Areas-Low Density Areas" within the Dunbarton Neighbourhood The property is also subject to the Dunbarton Neighbourhood Policies and the Dunbarton Neighbourhood Development and Design Guidelines. Zoning By-law 3036 -"R3" -Third Density Residential Zone Requested Variances for Proposed Lots 1, 2 & 3 (PICA 06117, PICA 08117 & PICA 09117) • the applicant has requested variances to reduce the minimum required lot frontage from 18.0 metres to 15.0 metres, reduce the minimum required side yard width from 1.8 metres to 1.5 metres, and increase the maximum lot coverage from 33 percent to 35 percent in order to facilitate the creation of three lots (Proposed Lots 1, 2 & 3) fronting onto Fairport Road • along Fairport Road, south of the Dunbarton Creek, the Dunbarton Neighbourhood Development and Design Guidelines require a minimum lot frontage of 15.0 metres and a minimum side yard width of 1.5 metres • lot frontages along Fairport Road, south of Dunbarton Creek, generally range between 13.5 metres and 41.0 metres ~ _ the proposed minimum lot frontage of15.0 metres and minimum_side yard width ~of1.5 metres are consistent with the existing lot frontages and side yard widths along Fairport Road, and maintains the intent of the neighbourhood design guidelines 42Reports PICA 06117, PICA 08117, PICA 09117 & PICA 10117 January 25, 2017 Page 3 • the proposed side yard width of 1.5 metres will provide an adequate separation between the dwellings and the property lines to accommodate pedestrian access, grading, drainage and residential utility services • the requested variance to increase the maximum lot coverage by two percent is marginal in nature • · the increase in maximum lot coverage will still allow for an adequate amount of outdoor amenity space to remain uncovered by buildings on the lots and provide for an appropriately sized dwelling on proposed Lots 1, 2 and 3 that will be in keeping with the character of the neighbourhood • the requested variances to reduce the minimum lot frontage, reduce the minimum side yard width and increase the maximum lot coverage are minor in nature, desirable for the appropriate development of the subject property and are in keeping with the intent of the Official Plan and Zoning By-law Requested Variances for Proposed Lot 4 (PICA 10/17) • to facilitate the creation of a fourth lot immediate west of proposed Lots 1 to 3, which are oriented in a north-south direction, the applicant has requested variances to reduce the minimum required lot frontage from 18.0 metres to 4.5 metres, reduce the minimum side yard width to the east side lot line from 1.8 metres to 1.5 metres, reduce the minimum required rear yard depth from 7.5 metres to 1.5 metres, and increase the maximum lot coverage from 33 percent to 35 percent • in established residential areas between Spruce Hill Road and Appleview Road, including Fairport Road, the Dunbarton Neighbourhood Policies of the Official Plan encourage and where possible require new development to be compatible with the character of existing development • Section 13.1 O(c) of the Official Plan states that where new development is proposed within an existing neighbourhood or an established area, City Council shall encourage designs that reinforce and complement existing built patterns such as form, massing, height proportion, position relative to the street, and building area to site area ratios • Section 13. 1 O(f) of the Official Plan states that City Council shall encourage the orientation of the main front entrances to buildings towards the street whenever possible, and visible from the main pedestrian routes and vehicular approaches • as noted earlier, the Dunbarton Neighbourhood Development & Design Guidelines requires a minimum lot frontage of 15.0 metres for lots on Fairport Road, south of the Dunbarton Creek • existing lot frontages along Fairport Road, south of the creek, generally range between 13.5 metres and 41.0 metres • the established built pattern along Fairport Road, south of the creek, consists of residential lots having significant frontage onto a public or private street where the dwelling is oriented towards, and visible from, the street • the proposed variances would facilitate the creation of an irregular shaped lot that will not have sufficient frontage along Fairport Road, is not in keeping with the established lotting pattern along Fairport Road and would allow for the placement of a dwelling unit that cannot be visible from Fairport Road Reports PICA 06117, PICA 08117, PICA 09117 & PICA 10117 January 25, 2017 43 Page4 • the requested variance to reduce the minimum lot frontage from the required 15 metres within the Dunbarton Neighbourhood Development & Design Guidelines. to 4.5 metres represents a 70 percent reduction in lot frontage, which is considered too large to be minor • general guidelines for the Dunbarton Neighbourhood encourage the preservation and planting of trees • the requested variances to facilitate the creation of proposed Lot 4 would eliminate the ability to preserve any of the mature trees on the site • the requested variances to facilitate the creation of proposed Lot 4 are considered not to be minor in nature, are not desirable for the appropriate development of the lands and does not meet the general intent and purpose of Official Plan Input From Other Sources Engineering Services • applicant is to provide a preliminary grading plan that shows this development can be constructed without adversely affecting adjacent properties as well as demonstrate that grading for proposed Lot 4 will not have any impacts on proposed Lots 1 to 3 • applicant will need to demonstrate that a gravity connection for both sanitary and storm services can be provided from Fairport Road • the following Stormwater Management criteria would need to be met for any redevelopment of this property: • provide enhanced level of quality control (80% TSS) • retain a rainfall depth of 5mm across all impervious surfaces on-site • control post-development flows to pre-development levels for all storms from 2 year up to and including 1 00 year event Residents of 1746 Fairport Road • oppose the proposed applications • oppose the request to permit an increase in lot coverage from 33% to 35% and reduce the side yard width from 1.8 metres to 1.5 metres due to drainage, privacy and vegetation disturbance • the current property slopes west to east resulting in drainage issues along the mutual property line • concerned regarding loss of privacy between their property and proposed Lots 1 and Lot 4 • concerned regarding the loss of existing trees and vegetation on the subject lands which currently has over 40 mature trees in addition to over 20 trees on the south property line 44Reports PICA 06117, PICA 08117, PICA 09/17 & PICA 10/17 January 25, 2017 Page 5 Date of report: January 19, 2017 Comments prepared by: ~.....---v·, ....... ...._ /",. CM:NS:Id • requested variance to reduce lot frontage from minimum 18.0 metres to 4.5 metres for Lot 4, which would be 25% of the current lot frontage requirement • in addition, this frontage is not a true frontage of a property but a driveway to a lot. that does not face Fairport Road \ Nilesh S rti, MCIP, RPP Manager, Development Review & Urban Design J:\Documents\Development\0-3700\2017\PCA 06-17, PCA 0~14 to PCA 10-17\PCA 06-17, PCA 0~17 to PCA 10-17 Repon.docx Attachments -~o/ PlCKERlNG City Development Department KINGSTON ROAD Location Ma File: PICA 06117, PICA 08/17, PICA 09/17, and PICA 10/17 Applicant: Pickering Developments (Squires) lnc. (1740 Fairport Road) ne C.Orp~:~mtc~n gt tne Cny gf Fi'I;:.IU!nnp c=4 'm part) llr'ICII!!r UC!!!ns.e, tR>rn: ~Queens. Prmter, O!UIInt> Umstry gf fcnural Reswrce5. I nptds re..YVea..'CIIiel" U.jnZythe Oueen 11 Riptn ofC.nada, Depal"tm511 ofNabnl R~ Allriphts resef\lel1,.; ieranet E:~Riri-k1e..•nd h ~·II nplm reserved.: C t.-~•1 PrttpertyAa;es-m Conra~bon erd lm~:UJ~ple~ •I rigt~tt; reservecl; 5 Date: Jan. 09, 2017 THfS IS NOT A PLAN OF SURVEY. SCALE: 1:5,000 PN-12 46 60m Outdoor. Amenity Area Proposed Lot 4: to permit a minimum rear yard depth of 1.5 metres Proposed Lot 4: to permit a minimum width of 1.5 metres to the east side lot line Proposed Lots 1, 2, & 3: to permit a minimum side yard width of 1.5 metres Proposed Lots 1, 2, 3, & 4: to permit a maximum lot coverage of 35% Submitted Plan --~b~- PlCKERlNG City Development Department E ll) .,.... Proposed Lots 1,2 & 3: to permit a minimum lot frontage of 15.0 metres Proposed Lot 4: to permit a minimum lot frontage of 4.5 metres FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Jan. 05, 2017 L:\PLANNING\COREL\PLANNINGIAPPS\PCA\2017