HomeMy WebLinkAboutFebruary 15, 2017
pickering.ca
Committee of Adjustment
Agenda
Meeting Number: 2
Date: Wednesday, February 15, 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, February 15, 2017 7:00 pm Council Chambers
Page Number
(I) Adoption of Agenda
(II) Adoption of Minutes from January 25, 2017 1-12
(III) Reports
1. (Deferred from the January 25, 2017 meeting)
P/CA 02/17
P. & L. Gonsalves
970 Rambleberry Avenue
13-17
2. P/CA 11/17
B. Gairey
538 West Shore Boulevard
18-21
3. P/CA 12/17
K. Ngo
862 Fairview Avenue
22-26
(IV) Adjournment
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Pending Adoption
Present
Tom Copeland-Vice-Chair
David Johnson -Chair
Eric Newton
Sean Wiley
Also Present
Ross Pym, Principal Planner-Strategic Initiatives
Lesley Dunne, Assistant Secretary-Treasurer
Absent
Denise Rundle
(I) Adoption of Agenda
Moved by Eric Newton
Seconded by Tom Copeland
Committee of Adjustment 1
Meeting Minutes
Wednesday, January 25, 2017
7:00pm
Main Committee Room
That the agenda for the Wednesday, January 25, 2017 meeting be adopted.
(II) Adoption of Minutes
Moved by Eric Newton
Seconded by Tom Copeland
Carried Unanimously
That the minutes of the 15th meeting of.the Committee of Adjustment held Wednesday,
December 7, 2016 be adopted.
Carried Unanimously
Page 1 of 12
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(Ill) Reports
1. PICA 53/16
B. Bremmers
2057 Blue Ridge Crescent
Committee of Adjustment
Meeting Minutes
Wednesday, January 25, 2017
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036, as amended ~y By-law 2015/85:
• 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 a building permit
to construct a single-storey addition in the rear yard.
The Principal Planner-Strategic Initiatives outlined the staff recommendation from the
City Development Department recommending refusal. The Principal Planner-
Strategic Initiatives also outlined if the applicant were to amend the application to allow
an east side yard width of 0.6 metres, staff recommendation would be 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 residents at 1510 Bentley Lane in objection to the application,
expressing concerns with the obstruction of view, noise pollution and a decrease in
property value.
Bart Bremmers, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application. ·
Bart Bremmers stated there are other properties in the surrounding neighbourhood that
·have 0.0 metre setbacks to the property line. He stated by amending the east side yard
width to 0.6 metres would not, in his opinion, have any benefit for maintenance, lot
grading and drainage. Bart Bremmers stated the 0.0 metre setback is preferred,
however, he would amend the application to 0.6 metres in order to receive an_approval.
In response to a question from a Committee Member, the Principal Planner-Strategic
Initiatives provided the intent of the minimum side yard width within the Zoning By-·law.
Page 2 of 12
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Committee of Adjustment
Meeting Minutes
Wednesday, January 25, 2017
7:00pm
Main Committee Room
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.
Carried Unanimously
3. 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.
The Principal Planner-Strategic Initiatives outlined the staff recommendation from the I City Development Department recommending refusal for the proposed platform (deck)
and recommending approval for the existing second-storey balcony and associated
steps subject to conditions. Written comments were also received from the City's
Engineering Services Department expressing no comments on the application.
Peter Gonsalves, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Peter Gonsalves stated a gabion wall was installed by the builder approximately six feet
away from the property line. He also provided pictures for the Committee Members to
review and stated the deck will allow better use of the rear yard. In response to a
question from a Committee Member, Peter Gonsalves stated the deck extends further
into the rear yard beyond the gabion wall.
Moved by Tom Copeland
Seconded by Eric Newton
That application PICA 02117 by P. & L. Gonsalves, be Deferred to the next Committee
of Adjustment meeting to allow the Committee Members to visit the subject property.
Carried Unanimously
Page 4 of 12
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4. PICA 03/17
Ansar Medical Services Inc.
2177 & 2185 Brock Road
Committee of Adjustment 5
Meeting Minutes
VVednesday,January25,2017
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7124/11,
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 7124/11; 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.
The Principal Planner -Strategic Initiatives 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 received from the City's Site
Plan Committee expressing no objections to the application. Written comments were
also received from Toronto and Region Conservation Authority expressing no objections
to the application.
Mohammed Jalaluddin, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Mohammed Jalaluddin agrees with staff. recommendations. In response to a question
from a Committee Member, Mohammed Jalaluddin stated the balconies are for ·
residential units and will be fully functional.
Moved by Eric Newton
Seconded by Tom Copeland
That application PICA 03117 by Ansar Medisal Services Inc., be Approved on the
grounds that the 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, 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 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.
Carried Unanimously
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5. PICA 04117
S. & M. Shipton
3305 Eighth Concession Road
Committee of Adjustment
Meeting Minutes
Wednesday, January 25, 2017
7:00pm
Main Committee Room
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.
The Principal Planner-Strategic Initiatives 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 Central Lake Ontario Conservation Authority
(CLOCA) indicating no objections to the requested variance, the lands are subject to
Ontario Regulation 42106, and written permission from the Authority is required prior to
any new development on the site.
Stephen Shipton, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Stephen Shipton agrees with staff recommendations. In response to questions from
Committee Members, Stephen Shipton stated the machine shop is to repair equipment
for local farmers and has been operating since 2010.
Moved by Sean Wiley
Seconded by Tom Copeland
That application PICA 04117 by S. & M. Shipton, be Approved on the grounds that the
requested variances are 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, 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.
Carried Unanimously
Page 6 of 12
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6. PICA 05117
R. Moore & B. Silver
860 Vicki Drive
Committee of Adjustment 7
Meeting Minutes
Wednesday, January 25, 2017
7:00pm
Main Committee Room
The ~pplicant requests relief from Zoning By-Jaw 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.
The Principal Planner-Strategic Initiatives outlined the staff recommendation from the
City Development Department recommending approval subject to conditions. Written
comments were also received from the City's Engineering Services Department
expressing no comments on the application.
Randy Moore, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
A Committee Member provided clarification to the applicant on the maximum projection
of 3.3 metres into the required rear yard even though the deck will be 3.6 metres.
Moved by Tom Copeland
Seconded by Eric Newton
That application PICA 05117 by R. Moore & B. Silver, be Approved on the grounds that
the 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, 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 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.
Carri~d Unanimously
Page 7 of 12
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7. PICA 07117
C. Rudderham & K. Sutherland
937 Duncannon Drive
Committee of Adjustment
Meeting Minutes
Wednesday, January 25, 2017
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036, as amended by By-law 2917188,
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-Jaw 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 requests approval of this variance in order to obtain a building permit to
construct a deck in the rear yard.
The Principal Planner-Strategic Initiatives outlined the staff recommendation from the
City Development Department recommending approval subject to conditions. Written
comments were also received from the City's Engineering Services Department
expressing no comments on the application.
Cory Rudderham and Karen Sutherland, applicants, were present to represent the
application. No further representation was present in favour of or in objection to the
application.
Moved by Eric Newton
Seconded by Sean Wiley
That application PICA 07117 by C. Rudderham & K. Sutherland, be Approved on the
grounds that the uncovered steps and a platform (deck) not 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,
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.
Carried Unanimously
Page 8 of 12
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Committee of Adjustment
Meeting Minutes
Wednesday, January 25, 2017
7:00pm
Main Committee Room
Correspondence received from the residents of 17 48 Fairport Road expressed several
concerns such as the requested variance does not reflect the current characteristics of
Fairport Road, particularly Lot 4 to be accessed by a private driveway; Lot 4 (PICA 1 0117)
would not enhance or be a part of the community, and questioned how emergency
services would access the dwelling.
Correspondence received from the residents of 1727, 1731and 1725 Spruce Hill Road
expressed several concerns such as the rear yard depth; loss of privacy; potential
shadowing; impact on views; lot coverage not compatible with surrounding properties;
Lot 4 (PICA 1 0117) would result in an increase in noise level, which will affect the
enjoyment of property; and the loss of mature trees.
Thomas Melymuk, agent, was present to represent the application. Edyta Dhillon of
17 46. Fairport Road, Penelope Lee of 1731 Spruce Hill and Aby Siva of 1727 Spruce Hill
Road were present in objection to the applications.
Thomas Melymuk stated that application PICA 10117 (proposed Lot 4) has been
withdrawn and there will only be three lots fronting Fairport Road instead of four. In
response to a question from a Committee Member, Thomas Melymuk stated the
applicant may distribute the 4.5 metres lot frontage from the withdrawn application to
the other three lots, making lot frontages of approximately 16.6 metres.
Edyta Dhillon expressed a concern with the loss of mature trees, loss of privacy and
drainage. Edyta Dhillon also spoke to the correspondence that was previously
submitted in opposition to the application.
Penelope Lee and Aby Siva both stated since the application for the proposed Lot 4
(PICA 1 0117) has been withdrawn there are no further concerns.
Moved by Sean Wiley
Seconded by Eric Newton
That application PICA 06117 by Pickering Developments (Squires) Inc., 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 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.
Page 10 of 12
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Committee of Adjustment 11
Meeting Minutes
Wednesday, January 25, 2017 ·
7:00pm
Main Committee Room
That application PICA 08117 by Pickering Developments (Squires) Inc., 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 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.
That application PICA 09117 by Pickering Developments (Squires) Inc., 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 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 ..
(IV) Appointment of Secretary-Treasurer
Moved by David Johnson
Seconded by Eric Newton
Carried Unanimously
That Ross Pym be appointed as Secretary-Treasurer.
Carried Unanimously
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(V) Adjournment
Moved by Tom Copeland
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes
Wednesday, January 25, 2017
7:00pm
Main Committee Room
That the 1st meeting of the 2017 Committee of Adjustment be adjourned at 7:54 pm and
the next meeting of the Committee of Adjustment be held on Wednesday,
February 15, 2017.
Carried Unanimously
Date
Chair
Assistant Secretary-Treasurer
Page 12 of 12
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From: Melissa Markham, MCIP, RPP
13 -Report to
Committee of Adju~tment
· Application Number: PICA 02117
Date: January 25, 2017
Principal Planner-Development Review
Subject:
Application
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, wher~as 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 app_licant'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.
I
1 ~eport PICA 02/17
Comment
Official Plan and Zoning By-law
January 25, 2017
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 ~re
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 Requir~d 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
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From: Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 12117
Date: February 15, 2017
Manager, Development Review & Urban Design
Subject:
Application
Committee of Adjustment Application PICA 12117
K.Ngo
862 Fairview Avenue ·
The applicant requests relief from the following provisions of Zoning By-law 2520,
as amended:
• to permit a minimum frontyard depth of 4.6 metres; whereas the by-law requires a
minimum front yard depth of 7.6 metres
-.
• to permit a minimum flankage yard depth of 6.6 metres; whereas the by-law requires a
minimum flankage yard depth of 7.6 metres
• to recognize an existing uncovered platform and steps (deck) 0.6 metres in height
above grade to project a maximum of 3.5 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 these variances in order to obtain a building permit to
construct an addition to the existing detached dwelling ano to recognize an existing deck within
the rear yard.
Recommendation
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 obtain a building permit for the proposed construction by
February 15, 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 Bay Ridges ·
Neighbourhood.
Zoning By-law 2520, as amended-"RM1"-Multiple Family Dwelling First Density Zone
Report PICA 12/17 February 15, 2017 23
Page 2
Appropriateness of the Application
Reduced Front Yard Depth and Reduced Flankage Yard Depth Variances
• the intent of a minimum front yard depth and a minimum flankag-e yard depth is to
ensure than an adequate landscaped area, parking area, and separation distance is
provided between the dwelling and the adjacent streets
• the applicant is proposing a single storey addition (expansion to the existing garage)
with a roof top patio within the front yard and a second storey addition within the
flankage yard
• the applicant has requested variances to reduce the minimum front yard depth from
7.6 metres to 4.6 metres, and reduce the minimum flankage yard depth from 7.6 metres
to 6.6 metres
• the main entrance and driveway access is along the flankage yard abutting
Fairview Avenue
• the proposed flankage yard depth and front yard depth will provide for an adequate
landscaped area and building setbacks between the dwelling and the abutting streets
• an appropriate building setback is provided between the garage and the lot line along
Fairview Avenue to accommodate vehicular parking on the driveway
• the proposed additions will not obstruct the streetview of abutting property owners
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 to maintain the existing deck and associated steps projecting
into the required rear yard; the deck is 5.8 metres in depth, however only 3.5 metres of
the deck projects into the required rear yard (7.6 metres)
• the existing deck is be setback 4.1 metres from the rear lot line, providing an adequate
buffer space between the deck and the rear lot line as well as from abutting
prop·erty owners
• there does not appear to be any adverse impacts on adjacent neighbours due to the
existing deck
• the existing deck provides for additional outdoor amenity area and maintains an
adequate a.mount of soft landscaped area in the rear yard
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.