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Home My WebLink AboutOctober 24 2018DICKERING Committee of Adjustment Agenda Meeting Number: 14 Date: Wednesday, October 24, 2018 pickering.ca Cly 4 DICKERING Agenda Committee of Adjustment Wednesday, October 24, 2018 7:00 pm Council Chambers Page Number (I) Adoption of Agenda (II) Adoption of Minutes from October 3, 2018 1-13 (III) Reports 1. P/CA 92/18 14-19 M. & K. Balsdon 825 Sandy Beach Road 2. P/CA 93/18 20-27 M. Bishop 522 Sheppard Avenue 3. P/CA 94/18 28-32 G. & R. Hamdan 1505 Terracotta Court 4. P/CA 95/18 Mattamy (Seaton) Limited 1009 Dashwood Court 5. P/CA 96/18 1747482 Ontario Inc. 700 Front Road 6. P/CA 97/18 2545174 Ontario Inc. 490 Kingston Road 7 P/CA 98/18 J. Delaney 1615 Alwin Circle (IV) Adjournment 33-37 38-46 47-52 53-59 For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email Idunne@pickering.ca DICKERING 04 Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers Pending Adoption Present Tom Copeland — Vice -Chair David Johnson — Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary -Treasurer Lesley Dunne, Assistant Secretary -Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the agenda for the Wednesday, October 3, 2018 meeting be adopted. Carried Unanimously (11) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday, September 12, 2018 be adopted as amended. Carried Unanimously Page 1 of 13 2 cry DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers (III) Reports 1. (Tabled at the August 1, 2018 meeting) P/CA 61/18 D. Coleman &. K. Campbell 565 i hitevale Road Moved by Tom Copeland Seconded by Eric Newton That application P/CA 61/18 by D. Coleman & K. Campbell, be lifted from the table. Carried Unanimously The applicant requests relief from Zoning By-law 3037, as amended: • to permit a maximum accessory building height of 4.38 metres whereas the zoning by-law permits a maximum height of 3.5 metres The applicant requests approval of this variance in order to obtain a building permit for an existing accessory building (detached garage). The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Dave Coleman, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Dave Coleman explained since the application was tabled at the August 1st meeting they have applied for a Heritage permit and it was presented to the Heritage Committee on August 22nd. Dave Coleman stated the Heritage Committee recommend that a revised landscape plan be submitted to reduce the visual impact of the detached garage. He also stated that they have been working with City staff and have submitted a plan that reduces the gravel driveway to a•single lane, new sod in the existing gravel area, and planting of trees along the driveway to reduce the visual impact of the garage. Dave Coleman also stated the maximum height is to accommodate personal use and will provide extra storage. In response to a question from a Committee Member, Dave Coleman stated the garage has been under construction for approximately 3 1/2 years; and that they are not professional contractors and that a mistake was made by not obtaining a building permit. Page 2 of 13 CJS .� DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers In response to a question from a Committee Member, the Secretary -Treasurer explained there will be final inspections of the landscaping once completed, this is part of the permit process. Due to reviewing the staff report and satisfied with comments received from the Heritage Committee, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 61/18 by D. Coleman & K. Campbell, be Approved on the grounds that the requested variance 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 the variance apply only to the existing accessory building as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3, 4, 5, 6, & 7 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the construction by October 4, 2019. Carried Unanimously 2. (Deferred at the August 22, 2018 & September 12, 2018 meetings) P/CA 65/18 D. Bowler & M. Tayler 1305 Cornell Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 3385/90: ® to permit an accessory building (shed) to be located in the north side yard; whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard ® to permit an accessory building (shed) greater than 1.8 metres in height to be setback a minimum of 0.31 of a metre from the north lot line; whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines ® to recognize an accessory building (cabana) greater than 1.8 metres in height to be setback a minimum of 0.7 of a metre from the south lot line and 0.75 of a metre from the east lot line; whereas the by-law requires that accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines Page 3 of 13 3 Cf, �A DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers The applicant requests approval of these variances in order to permit an accessory building (shed) in the side yard and to recognize an accessory building (cabana) in the rear yard. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. David Saunders, agent, was present to represent the application. John Reid -Wilkinson of 2513 Linwood Street was present in objection to the application. David Saunders explained that since the last meeting on September 12th, City staff and Members of the Committee have done a site visit. John Reid -Wilkinson spoke to the. correspondence previously submitted in opposition to the application. John Reid. -Wilkinson questioned if the shed structure in its current position can be maintained then why was it necessary to trespass on his property to complete the back of the shed. John Reid -Wilkinson expressed several concerns that the fence needs to be replaced due to the adjustments that have been made by the applicant; the applicant has not provided any rationale on the location of the shed in the side yard; the shed is an invasion to sight lines and the visual impact may affect the resale value of his home. Due to reviewing the staff report, listening to residents' concerns, and being satisfied that the matter of impact on the neighbouring property is a private matter, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 65/18 by D. Bowler & M. Tayler, 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 condition: 1. That these variances apply only to the existing accessory buildings (shed and cabana), as generally sited and outlined on the applicant's submitted plans and existing on the day of this decision (refer to Exhibit 2 contained in Committee of Adjustment Report dated September 12, 2018). Carried Vote Tom Copeland in favour David Johnson in favour Eric Newton in favour Denise Rundle in favour Sean Wiley opposed Page 4 of 13 City o� DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers 3. P/CA 83/18 M. Siwak 1700 Conacher Crescent The applicant requests relief from Zoning By-law 3036, as amended by By-law 4365/93 to permit a partially covered platform (deck) 0.25 metres in height above grade to project a maximum of 6.1 metres into the required rear yard, whereas the by-law requiresuncovered steps or platforms not exceeding 1.0 metre in height to project not more than 1.5 metres into any required front or rear yard. The applicant requests approval of this variance in order to obtain a building permit for a partially covered deck. The east portion of the deck will feature a roof, however the entire structure will be unenclosed. 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 residents of 1702 Conacher Crescent, 2359 Southcott Road, 2357 Southcott Road and 2355 Southcott Road in support of the requested variance. Margaret Siwak, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Margaret Siwak submitted letters of support for. the Committee Members to review. In response to a question from a Committee Member, Margaret Siwak stated the construction started in May 2018. Due to the adequate space for maintenance and letters received in support of the application, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application P/CA 83/18 by M. Siwak, be Approved on the grounds that the requested variance 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 subject platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 4, 2019, or this decision shall become null and void. Carried Unanimously Page 5 of 13 6 Gly of DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers 4. P/CA 84/18 P. Chevelon & M. Ceraphin 1623 Dellbrook Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85 to permit an existing covered platform (deck) not exceeding 1.0 metre in height above grade to project a maximum of 3.65 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 this variance in order to obtain a building permit for an existing deck. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Phanor Chevelon, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Phanor Chevelon stated the deck was built in July 201.7 and was not aware that a building permit was required. Moved by Eric Newton Seconded by Sean Wiley That application P/CA 84/18 by P. Chevelon & M. Ceraphin, be Approved on the grounds that the requested variance 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 existing covered platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 4, 2019, or this decision shall become null and void. Carried Unanimously Page 6 of 13 ate DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers 5. P/CA 86/18 J. & S. Dennis 355 Rouge Hill Court The applicant requests relief from Zoning By-law 3036, as amended, to permit an uncovered platform (deck), not exceeding 2.7 metres in height above grade to project a maximum of 0.5 metres into the required rear yard and a maximum of 0.4 metres into the required side yard; whereas the by-law permits uncovered platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard and not more than 0.5 metres into the required side yard. The applicant requests approval of this variance in order to obtain a building permit for the construction of an enclosed, uncovered platform (deck) in the side and rear yards. 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 fromthe residents of 353 Rouge Hill Court expressing no objection to the approval of the application. Jeff Dennis, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Jeff Dennis stated the deck is in keeping with the surrounding neighbourhood. Jeff Dennis also stated there are no concerns from the residents of 353 Rouge Hill Court and he has received a letter of support. Moved by Eric Newton Seconded by Tom Copeland That application P/CA 86/18 by J. & S. Dennis, be Approved on the grounds that the requested variance 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 platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 3, 2020, or this decision shall become null and void. Carried Unanimously Page 7 of 13 7 8 P1CKER1NG c4 Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers 6. P/CA 87/18 Duffins Point Inc. 2460 Brock Road The applicant requests relief from Zoning By-law 3037, as amended by By-law 7642/18: to permit an outdoor garden centre in association with a retail store, whereas the by-law does not permit an outdoor garden centre ® to permit a patio area associated with a restaurant use to be partially- located on the. adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists, whereas the by-law permits parking spaces for any uses in Section 5(1) of the by-law to be located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists • to permit a drive-through queuing lane associated with a restaurant use to be partially located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists, whereas the by-law permits parking spaces for any uses in Section 5(1) of the by-law to be located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists The applicant requests approval of these variances in order to obtain site plan approval for a proposed commercial development. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Michael Brown, applicant, was present to represent the application. Enrico Pistritto of 2465 Brock Road was present in objection to the outdoor garden centre component of the application. Enrico Pistritto indicated that he is only opposed to the outdoor garden centre variance and feels that the Committee should not be dealing with this variance at this time. Enrico Pistritto stated he owns an outdoor garden centre across the street at 2465 Brock Road that has been there for over 40 years and feels it is not appropriate to have another garden centre in this location. Due to reviewing the staff report, listening to residents' concerns, and being satisfied that the four tests of the Planning Act are met, that the variances pertain to a small portion of the site and that agreements will be secured through site plan approval, Denise Rundle moved the following motion: Page 8 of 13 DICKERING c4 Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers Moved by Denise Rundle Seconded by Sean Wiley That application P/CA 87/18 by Duffins Point 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 these variances apply only to the proposed commercial development, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain site plan approval for the proposed commercial development, or this decision shall become null and void. Carried Unanimously 7. P/CA 88/18 K. & K. Mortley 848 Liverpool Road The applicant requests relief from Zoning By-law 2520, as amended: • to permit an uncovered platform (deck) not exceeding 1.2 metres in height above grade to project a maximum of 1.5 metres into the front yard and 0.3 metres into the side yard; whereas the by-law requires platforms not exceeding 1.0 metres in height above grade to project a maximum of 1.5 metres into any required front yard and not more than 1.0 metres in any required side yard • to permit accessory structures greater than 1.8 metres in height set back a minimum of 0.8 metres from all lot lines; whereas the by-law requires accessory structures greater than 1.8 metres in height to be set back a minimum of 1.0 metres from all lot lines The applicant requests approval of these variances in order to obtain a building permit for the construction of an uncovered platform (deck) in the side yard and to recognize an existing legally nonconforming accessory structure (shed). The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Spencer Joy, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 9 of 13 PJCKERi NG Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers In response to questions from Committee Members, Spencer Joy stated the new deck is smaller and confirmed there is space around the shed for maintenance. Due to the adequate space for maintenance around the shed, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 88/18 by K. & K. Mortley, 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 uncovered platform (deck) and existing accessory structure (shed), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 3, 2020, or this decision shall become null and void. Carried Unanimously 8. P/CA 89/18 R. Willis & L. Kowalenko 668 Pleasant Street The applicant requests relief from Zoning By-law 2511, as amended: • to permit a minimum north side yard width of 1.7 metres, whereas the by-law requires 2.4 metres • to recognize an uncovered platform projecting a maximum of 4.0 metres into the north side yard, where as the by-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade may project not more than 1.0 metre into any required side yard The applicant requests approval,of these variances in order to obtain a building permit to construct a sunroom. The Chair advised that application P/CA 89/18 by R. Willis & L. Kowalenko has been Withdrawn. Page 10 of 13 cda P1CKER1 NG Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers 9. P/CA 90/18 K. Ngo 862 Fairview Avenue The applicant requests relief from Zoning By-law 2520, as amended to permit a minimum rear yard depth of 5.0 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this minor variance application in order to obtain a building permit for the completion of a sunroom addition currently under construction. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Nuno Barbosa, agent, was present to represent the application. Brian Anderson of 858 Fairview Avenue and Andrew Barkhouse of 856 Douglas Avenue were present in objection to the application. Nuno Barbosa advised that the variance before the Committee is the same variance that was approved by the Committee on March 28, 2018. As the applicant could not satisfy the condition of approval requiring the maximum height of the proposed one - storey addition from grade to be 12 feet, the March decision is null and void. Nuno Barbosa indicated that due to site conditions at that time it was difficult for the architect to determine the maximum height. Brian Anderson, owner of the property to the west, indicated that he thought this most recent variance was about height, and has concerns that the grade has been raised, fill has been brought in, and that the fence on the shared property line is listing. Brian Anderson's objective is to have no water or dirt coming onto his property and to have a new fence erected. Nuno Barbosa indicated that the City has yet to give final grading approval and that he is willing to revise the grading as may be required by the City. Andrew Barkhouse, owner of the property to the north, indicated that construction continued despite City inspection regarding grading and drainage. Due to hearing information provided by the applicant and concerns raised by the neighbours, recalling that the Committee previously tried to address height concerns while recognizing that the variance before the Committee is a variance to the minimum rear yard requirement and also recognizing that the City requires drainage from new development to be contained on site, Denise Rundle moved the following motion: Page 11 of 13 11 DICKERING C4 Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers Moved by Denise Rundle Seconded by Eric Newton That application P/CA 90/18 by K. Ngo, be Approved on the grounds that the rear yard depth of 5.0 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 subject sunroom addition, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 3 2019, or this decision shall become null and void. Carried Vote Tom Copeland opposed David Johnson in favour Eric Newton . in favour Denise Rundle in favour Sean Wiley opposed 10. P/CA 91/18 Mattamy (Seaton) Limited Part of Block 96, Plan 40M-2632 The applicant requests relief from Zoning By-law 7364/14: ® to permit a minimum front yard setback of 2.5 metres, whereas the by-law requires a minimum front yard setback of 3.0 metres ® to permit a minimum flankage yard setback of 1.8 metres, whereasthe by-law requires a minimum flankage yard setback of 2.4 metres The applicant requests approval of these variances in order to obtain a building permit for the construction of a back-to-back townhouse dwelling. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Liana Dimaranan, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 12of13 qty DICKERING Committee of Adjustment Meeting Minutes Wednesday, October 3, 2018 7:00 pm Council Chambers In response to a question from a Committee Member, the Secretary -Treasurer explained the City's Zoning Examiner has reviewed the entire site plan and has identified that only this lot requires a variance. Moved by Tom Copeland Seconded by Sean Wiley That application P/CA 91/18 by Mattamy (Seaton) 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 back-to-back townhouse dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 in Committee of Adjustment Report dated October 3, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 5, 2020, or this decision shall become null and void. Carried Unanimously (IV) Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 13th meeting of the 2018 Committee of Adjustment be adjourned at 8:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 24, 2018. Carried Unanimously Date Chair Assistant Secretary -Treasurer Page 13 of 13 13 14 Gly o,{ DICKERING Report to Committee of Adjustment Application Number: P/CA 92/18 Date: October 24, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 92/18 M. Lr K. Balsdon 825 Sandy Beach Road Application The applicant requests relief from Zoning By-law 2511, as amended: to permit an accessory structure (detached garage) in the side yard, whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard ® to permit an accessory structure (detached garage) to have a maximum height of 3.8 metres, whereas the by-law requires no accessory buildings to exceed a height of 3.5 metres in any residential zone The applicant requests approval of these variances in order to obtain a building permit to construct an accessory structure (detached garage) in the side 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 these variances apply only to the proposed accessory structure (detached garage), as generally sited and outlined in the applicant's submitted plans (refer to Exhibits 2 & 3). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. Comment Pickering Official Plan "Urban Residential Areas — Low Density" and "Open Space System — Natural Areas" within the Bay Ridges Neighbourhood Report P/CA 92/18 Wednesday, October 24, 2018 15 Page 2 Zoning By-law Zoning By-law 2511, as amended — "R2" — One -Family Detached Dwelling Appropriateness of the Application Conforms to the Intent of the Official Plan The subject property is designated as Urban Residential Areas — Low Density within the Bay Ridges Neighbourhood. Residential uses are a permitted use within the Low Density designation. Staff is of the opinion that the requested variances to permit an accessory building within the side yard and be greater than 3.5 metres in height, meets the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The intent of permitting accessory structures within the rear yard and a maximum height of 3.5 metres is to maintain a continual streetscape of the principle dwelling and protect the privacy of adjacent landowners. The applicant is proposing an accessory building (detached garage) 3.8 metre in height within the north side yard. The property will maintain a minimum 1.5 metre north side yard setback. The variance will not diminish the privacy of the adjacent property owners. Abutting the property to the north is a large vacant lot. To the south of the property are two residential dwellings. The property will maintain the existing streetscape as the subject property is screened with trees and shrubs. Staff is of the opinion that the requested variances to permit an accessory building within the side yard and be greater than 3.5 metres in height, meets the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land The property is larger in area than neighbouring residential properties and is heavily screened with vegetation (i.e., trees and shrubs). The neighbouring properties and streetscape will not be impacted by locating an accessory building in the side yard, opposed to in the rear yard. Staff is of the opinion that the requested variances to permit an accessory building within the side yard and be greater than 3.5 metres in height, is desirable for the appropriate development of the land. Minor in Nature The request to build an accessory building in the side yard 3.8 metres in height is not anticipated to have any significant impacts on the surrounding area. 1 6 Report P/CA 92/18 Wednesday, October 24, 2018 Page 3 Conclusion Staff is of the opinion that the requested variances to permit an accessory structure (detached garage) in the side yard and 3.8 metres in height 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. Input From Other Sources Engineering Services Date of report: October 16, 2018 Comments prepared by: Tanjot Bal Planner 1 TB:DW:jl ® no objections; however, the proposal is subject to the Tree Protection By-law 6108- 03 Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:\Documents\Development\D-3700 Committee of Adjustment (PCAAppllcalons)12018WCA 92-18 M. & K. Balsdon\Report\PCA 92-18 Repod.doc Attachments Exhibit 1 �.I 11111111WWIWhom ries10 WHO wow NOW WOO NOW -= 0 0 o- Do. > 0 I 0 c 0 (`0 0) 0 m m 0 EMI Alyssum Street__ 1111111111 NINO MINN Immo = ..m 1 mummar. numummillni Balaton Avenue 111110.0 Sir John A. Ell Macdonald N Public School = ME MIMI IIIIM MI /1111 MO NIEL Mil 1111 1111 • m • its WAIL tow Colmar Avenue II. 0 0 c J N w 0 0 C� Parkham Crescent Subject Lands 7 Location Map File: P/CA 92/18 of PICICERING City,Development Department Applicant: M. & K. Balsdon Property Description: South Part Lot 20 Range 3 Broken Front Con 825 Sandy Beach Road) Date: Sep. 14, 2018 0 he Carporadon Of the 0110 of kering Produced (in pan) under 'twice from. 0Oueens Pdnter, Ontario Ministry of Natural Resources. 411 rights reseroge ed.Her Mafesty the Queen In Right of Canada, Department of Natural Res)nr.ea. AO ifghls resented.: 0Teranet Enterprises Inc. end Its suppliers all rights reserved.)® Munlclpal Property AceessmenlCOrpornIlon and Rs suppeere ell rlgh(s reserved.; SCALE: 1:5,000 THIS Is NOTA FLAII op SURVEY. I 7 18 Exhibit 2 To permit an accessory structure (detached garage) to have a maximum height of 3.8 metres 0 Z ; < .5m,, E PIN Accessory Building' 15;24m STREAMSIDE COURT IFI- F To permit an accessory structure (detached garage) to be located in the side yard od PICKERING City Development Department Submitted Plan File No: P/CA 92/18 Applicant: M. & K. Balsdon Property Description: South Part Lot 20 Range 3 Broken Front Con (825 Sandy Beach Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 26, 2018 19 Exhibit 3 12 31 12 I3 01] PROPOSED RIGHT SIDE ELEVATION PROPOSED LL.; T SIDE ELEVATION MAX NEIGI T TOP OF PLATE TOP OF SLAB/GRADE MAX HEIGHT TOP OF PLATO TOP OF SLAB/GRADE PICKERING City Development Department Submitted Elevations File No: P/CA 92/18 Applicant: M. & K. Balsdon Property Description: South Part Lot 20 Range 3 Broken Front Con (825 Sandy Beach Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 26, 2018 20 od DICKERING Report to Committee of Adjustment Application Number: P/CA 93/18 Date: October 24, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 93/18 M. Bishop 522 Sheppard Avenue Application The applicant requests relief from Zoning By-law 3036, to permit the construction of an accessory structure (detached garage): ® to be located in the west side yard and partially in the front yard, whereas the by-law requires all accessory structures to be located at the rear of the main building ® to have a maximum height of 4.2 metres whereas the by-law requires a. maximum height of 3.5 metres for accessory structures The applicant requests approval of these variances in order to obtain a building permit. 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 these variances apply only to the accessory structure (detached garage), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, 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 Woodlands Neighbourhood Zoning By-law 3036 — "R4" Report P/CA 93/18 October 24, 2018 21 Page 2 Appropriateness of the Application Accessory Building Maximum Height Variance and Outside the Rear Yard Variance The applicant proposes to construct a detached garage measuring approximately 92 square metres (approximately 7.3 metres by 12.6 metres) to be located on the west side yard and partially within the front yard. The accessory building will have a maximum height of 4.2 metres. Conforms to the Intent of the Official Plan The Official Plan designated the subject lands as "Urban Residential Areas — Low Density Areas", within the Woodlands Neighbourhood. Lands designated "Urban Residential Areas — Low Density Areas" are intended to accommodate uses including residential uses. The proposed detached garage is accessory to the main residential use, as such, this application conforms to the intent of the Official Plan. Chapter 12.6(v) (Urban Neighbourhoods — Woodlands) of the Official Plan states that the new development on Sheppard Avenue should be compatible with existing development to recognize the,existing low density nature of this street. The area of the subject property is larger than the majority of the surrounding properties and features a smaller detached dwelling (66.3 square metres) relative to the neighbouring dwellings. Since the Official Plan designation permits uses associated with a residential use and there is an appropriate amount of space on the property to facilitate the structure, the existing low density residential nature of Sheppard Avenue within the Woodlands Neighbourhood can be maintained. Conforms to the Intent of the Zoning By-law The subject property is currently zoned "R4" within Zoning By-law 3036, as amended. The intent of the requirement for accessory buildings to be located in the rear yard is to minimize the visual impact of accessory buildings on the streetscape and adjacent properties, and to ensure that they are not the most prominent building on the property. Additionally, the intent of the maximum height of 3.5 metres for accessory buildings in a residential zone is to minimize the visual impact that these structures may have on abutting properties and on the streetscape, to protect the privacy of abutting property owners and to ensure that accessory buildings do not become the dominant buildings on the residential properties. An appropriate amount of space is presented on the property for the proposed detached garage in the west side yard while ensuring an adequate buffer to the westerly neighbour can be maintained. Accessory structures over 10 square metres in size or over 1.8 metres in height size are permitted to be located as close as 1.0 metre from all lot lines, the proposed 1.5 metre side yard setback from the side lot line complies with this provision. 2 2 Report P/CA 93/18 October 24, 2018 Page 3 The property is screened heavily from Sheppard Avenue by mature vegetation along the front and side property lines, as such, the visibility of the garage from the street is limited. With regards to the visibility of the proposed garage from the neighbouring property to the east at 526 Sheppard Avenue, the proposed location of the detached garage is west of the existing dwelling, is separated significantly from the detached garage and is buffered by mature vegetation. With respect to the westerly neighbour at 518 Sheppard Avenue, there are mature trees planted along the shared property line which will adequately buffer the proposed detached garage and the dwelling at 518 Sheppard Avenue. The side and front yard encroachment of the detached garage is due to the applicant's consideration of the sightlines from the windows of the detached dwelling at 518 Sheppard Avenue t� the west of the subject property. The detached garage will be set back further from the front lot line than the detached dwelling at 518 Sheppard Avenue. The detached garage will also be in line with the existing porch of dwelling at the subject property. The requested variance to permit a maximum accessory structure height of 4.2 metres will have minimal visual and privacy impact to neighbours as the proposed detached garage will be screened appropriately. The top of roof of the detached garage will be 5.6 metres in height which is lower than the top of roof of the existing dwelling at 6.6 metres. It is a proposed one storey garage which requires a variance for height to facilitate a 2.4 metre high garage door. In addition to the presence of mature vegetation, since the proposed location of the structure is set back 12.6 metres from the front property line, there will be a limited massing effect onto Sheppard Avenue. Desirable for the Appropriate Development of the Land A detached garage accessory to a detached dwelling is an .appropriate development of the subject property. The existing detached dwelling does not feature an attached garage. Residents of 511 Sheppard Avenue, 514 Sheppard Avenue, 518 Sheppard Avenue, 526 Sheppard Avenue, and 1481 Rosebank Road have signed a petition in support of the requested variances. Minor in Nature The applicant has indicated that the exterior design of the detached garage will match the exterior design of the main building. Had the proposed structure been an addition to existing dwelling rather than a detached structure, no variances would be required. The number of detached garages within close proximity of this property is minimal. However, most of these properties feature a detached dwelling with an attached garage whereas the existing detached dwelling at 522 Sheppard Avenue does not feature a detached garage. The proposed location of the detached garage is adequately set back from all property lines. A maximum height increase from 3.5 metres to 4.2 metres is minor as it is reasonably lower than the main building on the subject property, and lower than buildings on adjacent properties. Report P/CA 93/18 October 24, 2018 23 Page 4 Input From 'Other Sources Engineering Services ® no comments on the application Residents of 511 Sheppard Avenue, 514 Sheppard Avenue, 518 Sheppard Avenue, 526 Sheppard Avenue, and 1481 Rosebank Road Date of report: October 15, 2018 Comments.prepared by: Felix Chau Planner I FC:DW:jI ® in support of the requested.variances Deborah Wylie, MCIP, RPP Principal Planner, Development Review J;\Documents\Development D-3700t20181PCA 93-18 M. Blshop1RepodWCA 93-18 Repod..docx Attachments 24 Exhibit 1 i MOM M a� Mil L. ANIIIMIll um 111111111111111 Am /1111111111111111 mft Pineview LaneNM IMMO =Id1111111illllilii 1.-- IIIIIIIIIIIIIIIIIIIIIIIIIIIIII Autumn Crescent 4111111111u10 IIIIIIIIIIIIIIIIII0% aai U' a). 0. m Foxwood Trail Amberlea Park c a) a) 1111111111111111111 I I 4.4 MIK NEEL MIMI 11 MIL Sheppard Avenue —IT ' 1 I I Subject Lands Barry Drive 0 0 0 c 111111111 1111""' • o - ,o Sundown Crescent 'Daylight 0 Cat ail Go; Dumbarton High School Lightfoot Place Rainy Day Drive 1111111111 111 11111111111 11101111 Steeple Hill if 1,4 Cd# 4 Location Map File: P/CA 93/18 PICKERING City Development Department522 Applicant: M. Bishop Property Description: South Part Lot 30 Concession 1 Sheppard thePmduced(In pets) under license tram:0 queens Printer, Onlado A000y of Natural Re saurus. ,411ryhts teserved.O Her Ma'asfy the Queen In RI9h1 of Canada, asp admen of Halts -al Resources.A( dells Nseeted 1 0Teranel Enerpdsesln. amills sup(IkIs ell rights teseneel.;O Munfdpal Pnpedy AssossmsniCorperelen and Is suppler, elr53hts reserved.; SCALE: :5,000 THIS IS NOT APIAN OFSIIRVEY. 25 Exhibit 2 to permit an accessory structure (detached garage) to have a maximum height of 4.2 metres to permit an accessory structure (detached garage) to be located in the west side yard N 73 03' 80° E N 73 03' 80' E aam nrn SHEPPARD AVENUE to permit an accessory structure (detached garage) to be located in the front yard car' PICKERING City Development Department Submitted Plan File No: p/CA 93/18 Applicant: M. 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L• _.....+...........• 'i aL. • }[}rn -thrtf .�,�{r��{•�". a 5% • Si �+#v; ..-r. .3.\ I'j��J i�'l�i.48VI. a 9 4•..—.1104. ,, tl n :'vrYr • iJ ,1�St'�j+t i Nii•YV�• J'l i. %.av J�[1�4• t1 (6..,rr i rim 4 1' W a r a •�+ • 4 a e r 6 4 V• f 4 • a a r T 4 V •, r 4 v * Y•• r`rw 4444 4 +.6 +:• 4++ • r + c ---....4Y. • + Y•4 Y4 r I. `• O O rv4 ' ••• + .14 44. liII �h N 73 03' 80' E aam nrn SHEPPARD AVENUE to permit an accessory structure (detached garage) to be located in the front yard car' PICKERING City Development Department Submitted Plan File No: p/CA 93/18 Applicant: M. Bishop Property Description: Part Lot 30, Concession 1 (522 Sheppard Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 4, 2018 26 Exhibit 3 EXILIMMOF - - ir.Row19 r( PR2OSEOHLS IWO MEMO ROOF TOSE RR 0,M0 EITSUPrYFA /:�� 1.1,;'�1'�F CS -a ADDmON� • OF GEE/15,O 0901.050901.05E0)pos[r,u) 9' L1i1DnA �— 1W rrn:.AYilrt[%.H IDi�RW Of CG]S.tl QhLTM'05Fn) -1'''A-- in iEX tAO) l •-■ - • .I - ,. )I l�(fl ikindi �9 MID C�•sARoakin IL,i I in1 101 CI --- - N. µ b 1 --_ © ❑LJ © © Di ioi 1N liIRR Uu M n la CI ______ /)c Y_,��RjRlllD neon ® ® ®® © ® i[S GROWS, ,rl -P: Na,^ccr_ .21,.• . 4...r..TT.--------_...- �� ..- ~^ �J -4,I 'WN N10uM 'NAV sax R1TA. ., R kt4 R7 I�u 'r • 7 I'•JI-.1 I7 Y- • t • ,.4 0.1sE1E1lf 1N.0 4/110 1 11,1 _ MaOX9• (WOW) ' 141 1101 VI MR PI M1.1it1 fRa'o7kXiXO1I WALL... -rolMSEOFOOT.IV (AO.\TIHD RUB) -FROMM ROOF FHtiTOIttll. \' (fR111A51V11. PROPOSED SOUTH ELEVATION .. EASTNO EWA/W 1M. LTO KALI!) • • E)OaiAb ROOF 7altl ITOWIW II A Pry , RPM`• )AODRIO4 PROPOWO RPM` . --CaT°rS - ' ewsTII4( \ .si• --.- 2 a1 IWi1 •IOPFCoLLIO Ti !4I: illilli Mit . !!,1 _GpN'A�g1'�SL[ R.,„i+x-Ezwri 1.- ' C'm�aaouna -4.--v •. 1 j ♦'• .s:�♦"♦' "ISI I "I .' i-, Ili 11,1 I 1,11 1 . IMIJ 611 � r TM OF=TWOO .. i r .764 Ffl) 15,911 9E9 K• 9 II -I1 Tats BO 01 121-1,31IW P41 • L7S.TYIG rar,tWAW.Wut MiTt1O MOM PROPOSEOFOo1Ela (19 R9L4V) [TORENAI) (F.OAlatestAR) • PROPOSED NORTH ELEVATION Submitted Elevations city °d File No: P/CA 93/18 P I C KE RI N G Applicant: M. Bishop City Development Property Description: Part Lot 30, Concession 1 Department (522 Sheppard Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 4 2018 27 Exhibit 4 ItlO. TOP OF ROOF (PROPOSED) 103 TOP OF CEILING (p110pO6E0) 160 GROUND (VE)B11.1 OF FOOT NO POSED) 109. TCP OF ROOF (P ROP03E0) 103�TOP OF DE LING (FROPOSFA) 100.0 GROUND -WSW OPFDDT DO POREMO) r y 13109 (43'-3'1 PROPOSED ROOF itio tionRui lli'Iu��Di11,`�11'iJI iiiuI I��Ii1IIilt moIm!I{{IIIlIII 'il lliill�n�''lgm it 1 i;ur lglyIco ti�it amii'i,' i`lu illi tt�i'%'Ihi utriii'irS'iI�' 11 I1Il1 111 II�I11111i11IHIIIIIII IIIlIII1III l; IIIIIIIl l tllll II 111Il I1Q�111II! 1'1'III q1 I I; 1111/1it 111111 11111 Inr i 11111 1111H 111°Ii'p1111 it mi o,ii Rljl'tomitIIlIII IIIIIIIi'i'it1III i1IIIII li'nulI') ll�ljp�y�IIIuI )il�'�II�� I�Lfl��i�'ifiilo q u1,iil'u�ilgi��i'ii'n'�i� i'ij/mill ill'' �k11,'�ij''o,'m III. hl IhIIIt14NI 1(11111lull Ill 111111 IIi11 Ili 11�ih1;1191lI i��l��llllll(�l ll!>�II�Ir RI I11i�111�turitI11 iilllilmi 1 ; � mut 1 t som Mr. 7,31 tox6 5S Irtz IBM i (iN1rq>i_ P Art; .�'6y>;: s...z.� . r...—..`7 -V tr =rle' "n» a. (17 9223 Ss3� y. !*6 .i• 1220 3030 1220 3040 PROPOSED EXTERNAL WALL (1T•7'l 47 1107 1411 141'4'( P(10pO9E0 F0O7114G(FLOATINGSLAfl) • PROPOSED WEST ELEVATION 13160 (43''31 1ROPO5e'0 ROOF.. 11111h.11111111111 ll1111 11 1.: ll i' l irn ntiI111111' 1 11lIIllR''olll„ itti it i'anti:llililionitiulhIl lEN -dim I l ittigi lIlllill�i'IIIIIILIr 11111 11 11111111111 IIII�i, 1hlhl tiri1111111111111111lir1111 I1IIl 7hllIhII 1I. 111111 lull II airi l'i it"II , 1:11111111 n,NV MR thII.hlii' h Illi 1i11itt111 112;1111111111 111111 �ihllll�1111111111111111Illlllll111'11111111111111lIII11111UI1111111 111111111111111111111111111C110LIllll111111011 i111111111111 1111IL I 111111G11R,11(i.)Iflil1Tl111111111* 1111177,11.111 jUl_. I lIIllllrl 11111 1111111'J11X11111,1 0. 11111 1:1111.1110 111 i iiij 1111�1�1 IAli 11 11l!IIIIIIII` l� 1p1)111111111 iiili1111Iriil 11111 t ll1 I iI 11111�111111 111111/111 (11111 .111�r'lil01n111�11�I11.111 :1'f 1111.11 1 i l i 011 1 Ili111111SIiWh h ill 11t�11W111�11 i 1I l!l:1nn11un11Uu1lLfl1ul l!h l 11 1111111111�1411OL11l.l!Ii1111 I,, JJ((O3F `�-Ue£N'""i1'u4ucf74diu41r31i v?initNl4.ibfis3' .. �a smaes,�.� via '•.... ,44 111 3661 1121 PROPOSED E 16RNALWALL - 4F-2 [15,67 12E40 (46'--31 1220 x0411 (41 1101 [11 PROPOSED EAST ELEVATION MROP05E° FOOTRIG(FLOATINO SIAM v C of PICKERING City Development Department Submitted Elevations File No: P/CA 93/18 Applicant: M. Bishop Property Description: Part Lot 30, Concession 1 (522 Sheppard Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 4, 2018 28 Ctd .g DICKERING Report to Committee of Adjustment Application Number: P/CA 94/18 Date: October 24, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 94/18 G. & R. Hamdan 1505 Terracotta Court Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85 to permit an uncovered platform (deck) not exceeding 1.3 metres in height above grade to project a maximum of 4.1 metres into the required rear yard; whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade to project not more than 1.5 metres into any 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 the requested variance 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 deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant plant a row of cedar trees with heights of approximately 12 feet between the fence along the south property line and the proposed deck, prior to obtaining a building permit for the proposed construction. 3. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. Background On October 3, 2018, the Committee of Adjustment approved Minor Variance Application P/CA 82/1.8 to permit an uncovered platform (deck) not exceeding 1.0 metre in height above grade to project a maximum of 4.1 metres into the required rear yard. The application was approved conditional on the applicant constructing a 6 foot (1.8 metre) tall privacy screen/fence along the rear/south limit of the proposed deck, in order to satisfy an adjacent resident's privacy concerns. Report P/CA 94/18 October 24, 2018 2 9 Page 2 Since the October 3, 2018 meeting, the applicant has consulted with the adjacent resident and has agreed to plant a wall of 3.5 metre tall cedar trees along the south property line. With the potential privacy impact mitigated by the proposed trees, the applicant has requested that the height of the deck be increased to 1.3 metres above grade to allow direct access to the deck from main floor of the dwelling. With a height of 1.0 metre, steps would be required to access the deck from the entrance of the dwelling. The applicant and the adjacent resident have indicated satisfaction with the increased height conditional on the planting of the screen of trees. Comment Official Plan and Zoning By-law 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" Appropriateness of the Application The intent of the zoning by-law provision requiring maximum projections of platforms into the rear yard is to ensure that any structures can be appropriately maintained without having to encroach onto abutting properties, to minimize any adverse impact on adjacent neighbours such as privacy and to ensure that an adequate outdoor amenity area is provided within the rear yard. The by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade to project not more than 1.5 metres into any required rear yard. The applicant is proposing an uncovered platform (deck) not exceeding 1.3 metres in height above grade to project a maximum of 4.1 metres into the required rear yard. The proposed revised deck will be setback approximately 3.4 metres from the rear lot line and will cover a portion of the west side of the rear yard; providing an adequate buffer space between the deck and rear lot line as well as from abutting property owners. 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 rear of the subject property has an incline down from the existing dwelling to the property line. A deck with a height of 1.3 metres above grade will have some overlook into the rear yard of the adjacent property to the south. The applicant has proposed to mitigate the potential privacy impact by planting and maintaining a row of 3.5 metre tall cedar trees along the property line. Staff recommends a condition requiring the applicant to plant such screening prior to obtaining a building permit. Subject to the recommended condition, staff is of the opinion that 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. 30 Report P/CA 94/18 October 24, 2018 Page 3 Input From Other Sources Engineering Services Date of report: October 15, 2018 Comments prepared by: Rory McNeil Planner 1 RM:DW:jI J:\DocumenlslDevelopmenl1D3700128181PCA 82-1812eportIPCA 82-18 Reporldoc Attachments no comments on the application Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 I' VI IIIrII 1;111111TinjdR i • Valley Farm Public School(1) 0 (0 0 < ee< iPi Tawnbert. 0 0 ■ ■ ■ ■ ■ ►�e< Greenmout'tis�te' Subject Lands 1r o.„, Q ihN!I prrn fi Reesor Court Alpine Lane Hydro Corridor :J11 VIII- -_ AIM Beaton Way \M IMP, ■ PICKERING City Development Department Location Map File: P/CA 94/18 Applicant: G. & R. Hamdan Property Description: Part Lot 27 40M1542, Parts 5 & 6 40R11918 (1505 Terracotta Court) B The Corporation of the City of Plckenng Produced (In pan) under (cense from:O Queens Printer, Ontario Mbbtry of Natural Resources. All rights reserved.i9 Her Majesty the Queen In Right of Canada, Department of Natural Resources. All rights reserved,; 5Teranet Enterprises Inc. and Its suppress 0 rights reserved.; O Municipal Property Assessment Corporation and 3s supp)ers 0 rights reserved.; Date: Sep. 27, 2018 SCALE: 1:5,000 THIS IS NOT A Pt -All OF SURVEY. 32 Exhibit 2 Terracotta Court To permit an uncovered platform (deck) not exceeding 1.3 metre in height above grade to project a maximum of 4.1 metres into the required rear yard c4 o� PICKERING City Development Department Site Plan File No: P/CA 94/18 Applicant: G. & R. Hamdan Property Description: Part Lot 27 40M1542, Parts 5 & 6 40R11918 (1505 Terracotta Court) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 9, 2018 cry Obi DICKERING Report to 33 Committee of Adjustment Application Number: P/CA 95/18 Date: October 24, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 95/18 Mattamy (Seaton) Limited 1009 Dashwood Court Application The applicant requests relief from Zoning By-law 7364/14, as amended to permit a minimum rear yard setback of 5.2 metres, whereas the by-law requires a minimum rear yard setback of 5.5 metres. The applicant requests approval of this variance in. order to obtain a building permit to construct a detached dwelling. Recommendation The City Development Department considers the requested variance 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 detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. Background The applicant previously applied for a minor variance to request relief from the rear yard setback in 2016. The Committee of Adjustment approved P/CA 21/16 to permit a minimum rear yard setback of 5.5 metres, whereas the by-law requires a minimum rear yard setback of 6.0 metres. The applicant is requesting another minor variance to accommodate a different model home. 34 Report P/CA 95/18 Wednesday, October 24, 2018 Page 2 Comment Official Plan Pickering Official Plan "Urban Residential Areas — Low Density" within the Lamoreaux Neighbourhood Zoning Byelaw 7364/14 Low Density Type 2 (LD2) Low Density Type 2 Exception 1 (LD2-1) Appropriateness of the Application Conforms to the Intent of the Official Plan The subject property is within the Seaton Urban Area and designated as Urban Residential 'Areas — Low Density within the Lamoreaux Neighbourhood. The Official Plan policies requires the development in Seaton to create a sustainable urban community. The projected population for the Lamoreaux Neighbourhood is 17,500 persons by 2031. In order to reach higher densities, the Seaton Urban Area will be developed as a compact urban area with a diverse housing stock (i.e., detached dwellings, townhouses, apartments). Staff is of the opinion that the requested variance to permit a detached dwelling with a rear yard setback of 5.2 metres meets the general intent and purpose of the Official Plan. Conforms to the Intent to the Zoning By-law The intent of the minimum rear yard setback is to ensure that an adequate amenity space is provided in the rear yard and appropriate setbacks are provided to protect the privacy of abutting property owners. The Zoning By-law requires a minimum rear yard setback of 6 metres. Through a minor variance, the applicant reduced the rear yard setback to 5.5 metres in 2016. The applicant is proposing to construct a detached dwelling with a minimum rear yard setback of 5.2 metres. The property will have adequate amenity space in the rear yard as the property is an irregular shaped lot and the minimum rear yard setback of 5.2 metres does not extend the full width of the rear yard. Additionally, the variance will not diminish the privacy of adjacent property owners. The rear of the property abuts a pipeline corridor to the north, and an open space block to the west. A rear yard setback greater than 6 metres is achieved for the remainder of the property due to the irregular rear lot line. Staff is of the opinion that the requested variance to permit a detached dwelling with a rear yard setback of 5.2 metres meets the general intent and purpose of the Zoning By-law. Report P/CA 95/18 Wednesday, October 24, 2018 35 Page 3 Desirable for the Appropriate Development of the Land The subject property is part of an approved plan of subdivision (SP 2009-13) and there are no changes being proposed to the use of the development. The reduction in the rear yard setback is only for a small portion of the rear yard leaving sufficient amenity space. Therefore, staff is of the opinion that the requested variance to permit a detached dwelling with a minimum rear yard setback of 5.2 metres is desirable for the appropriate development of the land. Minor in Nature The request to reduce the rear yard setback to accommodate a detached dwelling is not anticipated to have any significant impacts on the surrounding area. The Lamoreaux Neighbourhood, located in Seaton, is a new neighbourhood currently under construction. Conclusion Staff is of the opinion that the requested variance to permit a detached dwelling with a rear yard setback of 5.2 metres 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. Date of report: October 16, 2018 Comments prepared by: Tanjot Bal Planner I TB:DW:jl J:\Documents\Development\D3700\2018'PCA 95.18\RepodWCA 95-18 Repod.doc Attachments Deborah Wylie, MCIP, RPP Principal Planner, Development. Review Exhibit 1 Taunton Road ,ght Cres MIN 1111 NM MOM mm 1111111011. maw NMI Silk Street oJ „Clipper, Lane odliatufBI_-� X11111 1111111111111 \au �._ VIII 111Foxtail Crescent x isoFix1 calci /► r v Subject .W Lands ��7 Dormer Avenue Dragonfly Avetl ro > 0 r e co COd e G 0 64 4 Location Map File: P/CA 95/18 PICKERI NG 1 City Development Department Applicant: Mattamy (Seaton) Limited Property Description: Lot 69 40M-2632 (1009 Dashwood Court) Date: Oct. 03, 2018 Q The Corporation of the City of Pickering Produced On part) under license from: 0 Queens Printer, Ontorio hibislry of Natural Resources. 411 rights reserved40 Her Majesty the Queen In Right of Canada, Department of Natural Resources. AI rights reserved.; 01reranet Enterprises Ina. and Its supptters all rights reserved.; 0 hluAcipal Properly Assessment Corporetfon and As suppliers all 63lits Me rved; SCALE. 1:5,000 'Ms 15 NOT A PLAN OF SURVEY, 37 Exhibit 2 to permit a minimum rearyard setback of 5.2 metres UPGRA(EXP (See App(sy�%d Slr U ELEVAIlOti(S) '00 t'sktkiJOi=r 69 177.83 178.15 s 4.9% HPY '?o a NAL1 I / 06(0 (n N r` 3.5% 27.50 Z05 �- -y 178.30 �3R A ALT GRND FLOOR FF 178.75 TFW 178.45 BF 176.16 UF 175.93 (-18) i(178.55 ` SUNKENI V 0 A300 '.3R178'05 (sE�) 1.25 1R 5.8J cNi r- 4.6x 1L72 1294 9 178.41 FF 18C TFW 175 BF 17i UF 17; U)W 0 178.81 178.61 3.5 178.61 ■ h9� o O O (-CO 0 (0 (On 0. O) 05 n (O 00 �.n-.r-.n- �S O No N r- 01 LLL. L(_ t- m c c'0:Tr 4C DIC) a 0 =) ��17 80 W ¶• '1 5m CNC SIDEWALK .9.47 0=8.39 2750 705 5.83 by i by `_ 1778.20 178.35 178.15 3.1% 178.39 178.35 178.55" Zv)) 3RT o O .-- co tA to (o ( too c4�t (V c 0^ r' rb t� ire,t±: 0 Lio Ltd�� 9. 2.75 27.50. 77.90 Z05 N O m (O N " N @F N ' 1 3.20, SAN 174.84 STM 174.84 r 178.09 177.89 178.09 2.7% 178.10 1 8.25 4 ()) U (0 M 0)coM- ro(0m(0 177.9 7 ❑ S.9%177.847 II1■ 7)) y°°• 1 ?sh E 4 1211.2 STOOP >>eM�'`� DECK ww LAE wog rn��m z t r-lDL( c IL1-C�� In Ci; oM a 10'10\ AK Gl 1R ®178 80 DASH WOOD COURT `w 4R 178.0` to 111 -'1\7 -Cr T Cts4 PICKERING City Development Department Submitted Plan File No: P/CA 95/18 Applicant: Mattamy (Seaton) Limited Property Description: Lot 69 40M-2632 (1009 Dashwood Court) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 3, 2018 38 CJS od P1CKER1NG Report to Committee of Adjustment Application Number: P/CA 96/18 Date: October 24, 2018 From:. Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 96/18 1747482 Ontario Inc. 700 Front Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 6919/08: • to permit.a detached accessory structure on the property known as Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165 (municipally known as 700 Front Road) to be considered a subordinate structure to the main building (single detached dwelling) located on the property known as Lot 8 Plan 65, Parts 7, 8, 9, & 10 40R-26165 (municipally known as 692 Front Road), whereas the by-law defines "accessory building" to mean a subordinate building, or structure on the same lot with the main building, or a part of the main building, devoted exclusively to an accessory use o to permit an accessory structure to have a maximum height of 4.0 metres whereas the by-law states that no accessory buildings shall exceed a height of 3.5 metres in any residential zone ® to permit a maximum total lot coverage of all accessory buildings of 11.8 percent whereas the by-law states that the total lot coverage of all accessory buildings excluding private detached garages, shall not exceed 5.0 percent of the lot area The applicant requests approval of these variances in order to recognize an accessory structure on a property without a main building. The accessory structure is located within the "R4-21" zone. 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 these variances apply only to the accessory structure on the property known as Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165 (700 Front Road), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2019, or this decision shall become null and void. Report P/CA 96/18 39 October 24, 2018 Page 2 3. That the structure be considered subordinate to a main building at Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165 (municipally known as 700 Front Road), should one be built. 4. That this decision become null and void, should the main' building (existing detached dwelling) at Lot 8 Plan 65, Parts 7, 8, 9, & 10 40R-26165 (municipally known as 692 Front Road) be demolished and no main building has been established at Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165 (municipally known as 700 Front Road). Background In 2008, the subject property (700 Front Road), along with 692 and 702 Front Road, were the subject of Zoning By-law Amendment Application A 9/08 to rezone the properties from Waterfront (O3B) Zone to Residential Fourth Density (R4) Zone and Open Space/Hazard Land (OS -HL) Zone. The intention of this rezoning application was to facilitate the zoning compliance of detached dwellings on each of the three properties (there was an existing detached dwelling at 692 Front Road, whereas detached dwellings were proposed for 700 and 702 Front Road). As a result, Zoning By-law 2511, as amended by By-law 6919/08, zones the eastern portion of the property R4-21 and the western (waterfront) portion of the subject property OS -HL. Subsequently, three Land Division applications were submitted and approved in 2009 (LD 36/09, LD 37/09, and LD 38/09) for lot line adjustments. The purpose was to achieve the 13.5 metre lot frontage minimum for each property, required by the R4-21 Zone. The subject property exists in its current configuration by way of these Land Division applications. Presently, a detached dwelling exists at the 692 Front Road property, and a gazebo exists at the 702 Front Road property. Both uses are permitted within the site-specific R4-21 zone. The property at 700 Front Road features a glass structure that is the subject of this Minor Variance application. The applicant has submitted an application for Minor Variance to recognize the glass structure as an accessory structure situated on a property with. no main building. Comment Official Plan and Zoning By-law Pickering Official Plan — "Open Space System — Marina Area" within the Bay Ridges Neighbourhood. Zoning By-law 2511, as amended by By-law 6919/08 — "R4-21" & "OS -HL" Appropriateness of the Application Proposal The applicant proposes to recognize an existing structure at 700 Front Road (Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165) as a detached accessory structure subordinate to a main building (detached dwelling) located at 692 Front Road (Lot 8 Plan 65, Parts 7, 8, 9, & 10 40R-26165). The applicant also seeks relief from the Zoning By-law to permit an accessory 40 Report P/CA 96/18 October 24, 2018 Page 3 structure height of 4.0 metres whereas 3.5 metres is the maximum permissible height, and to permit a maximum accessory structure lot coverage of 11.8 percent whereas 5.0 percent is the maximum allowable. Conforms to the Intent of the Official Plan The Official Plan designates the subject lands as "Open Space System — Marina Area", within the Bay Ridges Neighbourhood. Existing lawful residential dwellings and new residential dwellings on vacant lots are permissible uses within the "Open Space System -- Marina Area" • designation. The proposed variances to the structure will recognize it as accessory to a main building (detached dwelling) on the adjacent property. Associating the structure to an existing residential use brings it into conformity with the Official Plan. Chapter 12.3 (Urban Neighbourhoods — Bay Ridges) emphasizes the importance of respecting the existing built form and waterfront features within the Bay Ridges Neighbourhood. The structure is accessory to an existing residential property that abuts Frenchman's Bay. Conforms to the Intent of the Zoning By-law The subject property is currently zoned "R4-21" and "OS -HL" within Zoning By-law 2511, as amended by By-law 6919/08. The structure in question is located fully within the "R4-21" zone. The Zoning By-law defines an "accessory building" as meaning, "a subordinate building, or structure on the same lot with main building, or part of the main building, devoted exclusively to an accessory use". The intent of this definition is to ensure provisions within the Zoning By-law are interpreted and applied with consistency where "accessory buildings" are being considered. The properties at 692, 700, and 702 Front Road are three adjacent lots owned by the same owner. The properties appear to operate as one contiguous lot, with fencing and vegetation enclosing all three lots as one. A total of three structures exist between the three properties: a detached dwelling (692 Front Road), a gazebo (702 Front Road), and the structure subject to this application (700 Front Road). As the structure at 700 Front Road is adjacent to the proposed main building at 692 Front Road, with approximately 4.0 metres of separation between the buildings, the existing structure at 700 Front Road can reasonably be considered to be a subordinate structure to the detached dwelling at 692 Front Road. Due to the aforementioned reasons, where the definition specifies that an accessory building shall be located on the same lot with the main building, a variance to the definition of "accessory structure" can be considered to facilitate an accessory structure to be located on a different lot but still be subordinate to the main building. The intent of the maximum height of 3.5 metres for accessory buildings in a residential zone is to minimize the visual impact that these structures may have on abutting properties and on the streetscape, to protect the privacy of abutting property owners and to ensure that accessory buildings do not become the dominant buildings on residential properties. The subject structure is set back 14.3 metres from the front lot line of the property. The structure is appropriately setback from Front Road, thus ensuring that the increased maximum Report P/CA 96/18 October 24, 2018 Page 4 allowable height from 3.5 metres to 4.0 metres is will not impose significant visual impact towards abutting property owners. Additionally, the setback from the front property line mitigates the potential massing impact the structure could have with regards to the streetscape. Since the owner of the subject property also owns the properties abutting both side yards, in conjunction with the 14.3 metre front yard setback, there will virtually be no privacy concerns created from increasing the maximum height of this accessory structure to 4.0 metres. The intent of the maximum lot.coverage requirement of 5.0 percent of the total lot area of all accessory buildings, excluding private detached garages, is to maintain an appropriate amount of amenity area uncovered by buildings on a lot, and to ensure the massing, scale and size of accessory buildings are appropriate for the size of the lot. Since the three properties are currently functioning contiguously under the same owner, it is appropriate to regard the lot coverage of the accessory structure relative to size of all three . properties. The requirement fora variance to the accessory structure lot coverage is largely due to the smaller size of 700 Front Road relative to the two abutting properties. The property at 700 Front Road is the smallest property of the three, measuring 376.8 square metres whereas 692 and 702 Front Road measure 812.1 square metres and 3846.8 square metres, respectively. For this reason, permitting an increased accessory structure lot coverage from 5.0 percent to 11.8 percent will not create adverse impacts to the streetscape as the massing, scale and size the accessory building is appropriate when the properties are regarded in conjunction with one another. Desirable for the Appropriate Development of the Land The requested variances are desirable for the appropriate development of the land as it is facilitating an amenity structure accessory to a residential use. Minor in Nature The 'requested variances are minor in nature relative to the size of the three lots. The 14.3 metre front yard setback distances the structure from Front Road thus mitigating potential adverse impacts towards the streetscape and towards neighbouring properties. Input From Other Sources Engineering Services no comments on the application Toronto and Region Conservation Authority ® no objections to the approval of the application 41 42Report P/CA 96/18 October 24, 2018 Page 5 Date of report: October 16, 2018 Comments prepared by: Felix Chau Planner I FC:DW:jI J:1Docu m enis\D evel o pm enl1D-3700\Rep ods120131pce77-13.d o c Attachments Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 Frenchman's Bay Beaohpojnt Promenade St Martins Drive Fairview Avenue i BrownAvenue Subject Lands Bayview Street - 11� 1 1 - Haller Avenue 11111111111111111 11111111 MIN Old Orchard Avenue 1111111 �� X HIII1111 Monica Cook Place Ilona Park Road �. :won FAN X1111111111111 0 i 0 a) c a) a a 0 0 0 Luna Court e. Commerce Street 111 Annland Street Wharf Street Gull Crossing 1 111111 1111 Broadview Street \` 3 Location Map File: P/CA 96/18 o1 PICKERING City Development Department Applicant: 1747482 Ontario Inc. Property Description: Lot 9 M-917 & Pian 65, Part 5 & 6 40R-26165 (700 Front Road? Date:-Sep. 28, 2018 O The Corporation either 0y of Pickering Produced (n pan)under license from: 0 Queens Per, Ontario Ministry of Natural Resources. rim All rights reserved.;O Her Majesty the Queen A Right of Canada, Department of Natural Resources. A9 fights reserved.; R Teranel Enterprises Inc. and lissuppCers ell rights reserved.;® Municipal Property Asses omanmCorporallon and Is suppliers all rightsreserved.; SCALE. 1:5,0 00 THIS IS NOT APLAN OF SURVEY. 3 Exhibit 2 L:\Planning\Corel\Plan ning\Apps\PCA\2018 to permit a detached accessory structure on the . property known as Lot 9 M-917 & Plan 65, Parts 5 & 6 40R-26165 (municipally known as 700 Front Road) to be considered a subordinate structure to the main building (single detached dwelling) located on the to permit a maximum total lot coverage of all g buildings of 11.8 percent to permit an accessory structure to have a maximum maximum height of 4.0 metres property known as Lot 8 Plan 65, Parts 7, 8, 9, & 10 40R-26165 (municipally known as 692 Front Road) r @` A Z r. 11 � e 1~ II-ti� m_______- LJT 'S0, is-^ WATER Lamar b s I LOT _. U PART :i Pt It, I 21 ( PMT 5 - — in - _ PIN r,:OZsaO'i:(V45.t) M1nH � PART a = r-: :431,09,11(0)a .marrow 1 ,- I a\ ! \ D ,yam tL?Y 4 u�, ;�� DETAIL"A°, 3 S;g1No:ms ris.u-,��i':• PM7 Z — ^ 3 ?AM, E�, .T o on- '- -.- ..01,...,-z0 Am Pb s -!, a FJw•��1 e..a- s \'k i' V — — — PMT a -. e\\ s PMT 10 u^ 1 7,'.:.,-,,______I .I .-♦a,=. P I l� (i �w _w,c ®ahs a n Et. L-- to ,c..\;;;,---;\,, Y.6"-`...' LRw . ,-.0?... \l rn 1 N \ e...,.� ..,��...,,��..�..., 00 \ 1j / loam's ED= PIN 7.431.-C6.03)? v eG zma,ue, \ t -a \J PIP f319 -ovum - ,d \ _ COMMERCE STREET \\ BY REC.ISTERED PLAN55 \ Submitted Plan c4 4 File No: P/CA 96/18 PICKERING Applicant: 1747482 Ontario Inc. - Property Description: Lot 9 M-917 & Plan 65, Part 5 & 6 40.R-26165 City Development (700 Front Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. - DATE: Oct 9, 2018 L:\Planning\Corel\Plan ning\Apps\PCA\2018 Exhibit 3 L:\Planning\Corel\Planning\Apps\PCA\2018 _I ' HSS 5" x 7" x 1/4'. WELD TO COLUMNS I HSS5-x7" x1/4" WELD TO COLUMNS OD I + ;� rrnetaf metal siding siding I . '74 1 grade grade L west side elevation L. east side elevation • Submitted Elevations cizy 4 File No: P/CA 96/18 PICKERING Applicant: 1747482 Ontario Inc. Property Description: Lot 9 M-917 & Plan 65, Part 5 & 6 40R-26165 City Development (700 Front Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 9, 2018 L:\Planning\Corel\Planning\Apps\PCA\2018 Exhibit 4 -p rn 5` x 7' x 1/4" hss ., weded. to columr. ' '� := ..,5,3 11111 11111 n 1111® 11111 ��. north side -_elevation .. grade 5', x 7" x 1/4" hss metal siding i 111111 . 11 111 111IIII . —_ — i -- grade south side elevation Submitted Elevations Cdy 4 File No: P/CA 96/18 PICKERING Applicant: 1747482 Ontario Inc. Property Description: Lot 9 M-917 & Plan 65, Part 5 & 6 40R-26165 City Development (700 Front Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 9, 2018 L:\Planning\Corel\Plan ning\Apps\PCA\2018 c4 P1CKER1NG 47 Report to Committee of Adjustment Application Number: P/CA 97/18 Date: October 24, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 97/18 2545174 Ontario Inc. 490 Kingston Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 2457/87 and By-law 3429/90 to permit a retail store, whereas the by-law does not permit a retail store. The applicant requests approval of this variance in order to expand the list of permitted uses on the subject property to include a retail store (pharmacy) Recommendation The City Development Department considers the addition of a retail store (pharmacy) 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 the retail store (pharmacy) shall be limited to a maximum gross leasable floor area of 70 square metres. 2. That the retail store (pharmacy) shall only be permitted accessory to a medical clinic or physician's office located within the same building. Background The original site specific Zoning By-law Amendment for the subject property was enacted by Council in 1987 to permit a business office and a professional office as uses on the lands. A further site specific Zoning By-law Amendment was enacted in 1990 to permit an automobile service station — type A and a restaurant — type A in addition to the office uses. In 2012 the Committee of Adjustment approved Minor Variance Application P/CA 51/12 to reduce the minimum front yard depth from 14.0 metres to 3.0 metres, to reduce the flankage side yard width from 14.0 metres to 3.0 metres, to increase the maximum building height from 10.0 metres to 11.2 metres, to reduce the required parking from 47 spaces to 20 spaces, and to increase the maximum canopy lot coverage from 3 percent to 11 percent. 48 Report P/CA 97/18 October 24, 2018 Page 2 These variances were requested to facilitate the development of a 12 pump gas bar, an associated Esso -On the Run store, an in-store Tim Hortons kiosk with drive-through. The development also included a three storey office building with a gross floor area of 644 square metres located at the south east corner of the property which is currently vacant. Site Plan Approval for this development was issued in October 2014 and the owners entered into a Site Plan Agreement with the City. As of the day of this report, some works required through the Site Plan Agreement, remain outstanding. The applicant and other stakeholders have been in contact with the City regarding the completion of those works. T he applicant initially applied for this Minor Variance to permit a retail store (pharmacy) and a personal service shop (hair salon). Through discussions with staff, the applicant has agreed to withdraw the request for the personal service shop. It is staff's opinion that a traffic study and parking brief would be required to fully assess the appropriateness of the requested personal service shop use. The applicant may at a future time reapply for a variance, to permit a hair salon with a supporting traffic/parking brief. The appropriateness of the hair salon proposal will be assessed through a separate application at a later time. The applicant has indicated that a doctor's office with associated pharmacy is a prospective tenant. The applicant has requested the subject variance in order to allow for more flexibility in leasing the building. Appropriateness of the Application Conforms to the Intent of the Official Plan The Official Plan designates the subject lands as "Mixed Use Areas - Mixed Corridor" within the Woodlands Neighbourhood. The subject lands are further identified as being within the Rougemount Village Precinct in the Kingston Road Corridor Urban Design Guidelines. Official Plan policies encourage a wide variety of uses and high level of activities, including the retailing of goods and services, offices, and restaurants for lands designated "Mixed Use Areas — Mixed Corridors". Staff is of the opinion that the requested variance to permit a retail store (pharmacy) meets the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The subject property is zoned "GS3/SC-22" within Zoning By-law 3036, as amended by By-law 2457/87 and By-law 3429/90. Uses permitted on 490 Kingston Road through the site specific zoning include automobile service station — type A, business office, professional office, and restaurant — type A. By-law 2457/87 was intended to provide a mix of office -type uses which are defined to include a range of public/private agency offices, medical, legal, or other professional services including a clinic, architect, accountant, engineer, lawyer or physician. Report P/CA 97/18 October 24, 2018 49 Page 3 By-law 3429/90 further added automobile service station — type A and restaurant — type A, which have been developed as an gas station with an associated Esso -On the Run store and an in-store Tim Hortons kiosk with drive-through. The office uses permitted through By-law 2457/87 include a medical clinic and physician's office which fall under the definition of "medical office" in recently passed City Zoning By-laws. The City Centre Zoning By-law, passed in 2017 includes pharmacies and dispensaries in the medical office definition. The Seaton Zoning by-law passed in 2014 includes pharmacies and dispensaries in the medical office definition, provided that they are limited to gross leasable floor area of 50 square metres. A pharmacist is a health professional and a pharmacy is similar to, and often associated with, uses currently permitted on the subject property such as a clinic and physician's office. To ensure that the proposed use is limited in size and not to include the sale of a wider range of retail goods, conditions are recommended to restrict the approval to 70 square metres (one unit in the existing building), and that the pharmacy be accessory to a clinic or a physician's office also established within the building. Subject to the recommended conditions, staff is of the opinion that the requested variance to permit a retail store (pharmacy) meets the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land In 2012 a.Parking Needs / Drive -Through Assessment, prepared by Tedesco Engineering was submitted in support of the minor variance to reduce the required parking from 47 spaces to 20 spaces for the combination of uses permitted on the site. The assessment was accepted and Minor Variance Application P/CA 51/12 was approved by the Committee of Adjustment. The proposed pharmacy use is intended to be accessory to the office of a physician and is expected to serve customers already using the associated officeuses within the building. It is therefore not anticipated that the proposed pharmacy use will have any significant impact on the parking needs for the site. The recommended conditions will ensure that the proposed pharmacy remains accessory to other medical office uses and does not evolve into a full retail store. Subject to the recommended conditions, staff is of the opinion that the requested variance is desirable for the appropriate development of the land. Minor in Nature The request to add a pharmacy of limited size in the existing building is not anticipated to have any significant impacts on the surrounding area. The similarity of the proposed use to other uses currently permitted on the site, and the addition of appropriate conditions intended to limit the size and use of the pharmacy, will ensure that the proposed use will have minimal impact on the operation of the site and surrounding area. 50 Report P/CA 97/18 October 24, 2018 Page 4 Staff is of the opinion that the requested variance to permit a retail store (pharmacy) 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 Zenith investments Ltd. (512 Kingston o Road) (Note: these comments were received by City Development prior to the applicant withdrawing the request for personal service shop use) Date of report: October 18, 2018 Comments prepared by: Rory McNeil Planner 1 RM:DW:jI \\FS\CSDC\Amanda1docs\templates\ CA\programmed\CA Report.dac Attachments 0 0 requests that the minor variance application be denied parking in the surrounding area is already a problem the parking lot of the Rosebank Plaza at 512 Kingston Road, across the road from the subject lands, is frequently used as unauthorized overflow for the library and community centre to the west, as well as for visitor parking for the townhouses to the east delivery vehicles making deliveries for 490 Kingston Road have used the 512 Kingston Road parking lot to make deliveries because they are unable to navigate the property 490 Kingston Road already has insufficient parking and adding the requested uses will result in an increased level of unauthorized vehicles parking at 512 Kingston Road Deborah Wylie, MCIP, RPP Principal Planner — Development Review 0 0 U Rouge Subject Lands )1'21 0 112 (n EL) of W -a 0 ebank Road 0 rY 1111 Sundown Crescent VIII a� O (0 O f a� 0 -o E Rainy Day Drive a Exhibit 1 51 I I I U" Cattail Goy_ Steeple Hill 'G as ♦.G Frontier Cnurt° Cd, 4 Location Map File: P/CA 97/18 P1CKER1 NG City Development Department Applicant: 2545174 Ontario Inc Property Description: Part Lot 161 Plan 816, Part of Part 1 40R-4158 490 Kingston Road) • Date: Oct. 01, 2018 he Corporation of the City of Pickering Producedlin pan) under license how 0()Leans Printer, On(ano Ministry of Natural Resources, rights reserved.(1 Her Majesty the Queen In Right of Canada, Department of Natural Resources. AS rights reserved.; OTeranei Enterprises Inc and its supplier. all rights reserved.; 0 Municipal Properly Assessment Corporation and As supplers all rights reserved.; SCALE. 1:5,000An THIS Is NOTAPLAN OF SURVEY. 52 Exhibit 2 Existing I i I `amu I _ .. , fl.WSLC°;FIHEP fiLL 6Ef.C:A a,P1L[IY a` Alth'r CY49EE0FIV CM/Mt CF iJdi30 Kimsr0:14°. office building AGE r I I Cci t ./El ..ie.CE VIE, COO Ei F:CII Fn„�cn fllr;E F ( —_ PF t?=ItSCrYO t1.••fC1,F. j. E- �E I / _ _-__ -. :, -rt Ayli1;E1C W'A,- 15, - H}I LG:IEEU .1s -n FE�i \ - _.- _ -_-_.-_._-_ C/ EPGfEFSiY LII:” Fi �OP3`lh` �x'e J L:ly' y\fir -�"—y I ''_J 1Y i ^^\\ 11 r,r :iPA.S�UG1Ji �: 1 U L Ay -,^.J -_ I- 1 i G 11 %y \ _ —.__ — . Ai AS PEQD ma. 0 `7 -. —FSEL FCtES ,fl, H;. W .� ��0/ -��'' 'r 1 ry '� to `°� 1 �e i o E ; / vm mc'i _ ' 1 _T L .n �,r�a •Irl. " Fn51rds / ° t 1 �� II / F1114i g. .__ -- - 1 1. _...1 f/ i ,:?.UI Trltl / G .--,A.,„,1,,, � � � It. �Fl115fG'1.tLF 1] ) r r. //////////I g ° 7/,/,-/��////tel�,/f/ /'% /� / lfivI \i % i'f9 ' f-4tl CEO _“,,I. ( III riI _L}. tc-t4 .. / EvCTi, E,_v. �� _ rfifl U'. fCl�i r 11 V .CHI - i/3.;i:=...01- -///�FrC - t_I >: LC_. EH LI +. •\ f 1 1 11 i LFu 111 .n — ,/c. Ec .rf1\ \ -3E,OLllC Lltl / '' /'� 1= _.� E. p (J --. %y 'a C� 1\• t3 , ` r re°- 13 \ J// ///I\, /'' �I r UES \ \. \-131Qe_Wdnr 611A _ k/ s' C . f( 411 ) 11 --1 tl 4 / - / \\`\ 4.., 1 •/ / \ \, le ?. fid, / ry ! J: / . , ,\ ; % j: \y/ ,�a,E, PEo, { w i. `�' Vii',, r /j: , D E,� e ti to permit a retail store on the subject lands I �/ / S/ j, ,. Jf / .w Q '\� qty ca / ' ,,,�I 7 ; -, / �' to permit a personal service shop on the - hxf ti� , , ��u,' �' subject lands N Submitted Plan C4 °" File No: P/CA 97/18 P 1 C KE R1 N G Applicant: 2545174 Ontario Inc. City Development Property Description: Part Lot 161 Pian 816, Part of Part 1 40R-4158 Department .(490 Kingston Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 9, 2018 .f. DICKERING Report to 53 Committee of Adjustment Application Number: P/CA 98/18 Date: October 24, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 98/18 J. Delaney 1615 Alwin Circle Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4356/73: • to permit a maximum building coverage of 36.5 percent, whereas the by-law requires a maximum building coverage of 33 percent • to permit a minimum side yard setback of 0.7 of a metre, whereas the by-law requires a minimum side yard setback of 1.0 metre The applicant requests approval of these variances in order to permit the construction of an attached garage and to recognize and existing side yard deficiency. 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 these variances apply only to the proposed attached garage and existing side yard setback, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. Background On March 27, 2018 a fire broke out at the subject property. The property owners are currently in the process of restoring the townhouse, however they require a minor variance to recognize an existing side yarddeficiency and to permit a lot coverage over 33 percent. The townhouse previously had a detached garage in the front yard. The applicant is proposing to construct an attached garage, which increases the lot coverage to 36.5 percent. Staff have identified an existing side yard deficiency of 0.3 of a metre. There are no changes proposed in the side yard. 54 Report P/CA 98/18 Wednesday, October 24, 2018 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan "Urban Residential Areas — Medium Density" within the Village East Neighbourhood Zoning By-law 3036, as amended by By-law 4356/73 — Single Detached Dwelling (SA) Appropriateness of the Application Conforms to the Intent of the Official Plan The subject property is designated as Medium Density within the Village East Neighbourhood. The Neighbourhood consists of a mix of detached, semi-detached, townhouse and apartment dwellings. Neighbouring properties consist of townhouse or detached dwellings with an attached garage in the front yard. Staff is of the opinion that the requested variances to permit a maximum building coverage of 36.5 percent and minimum side yard setback of 0.7 of a metre, meets the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The Zoning By-law uses maximum building coverage percentages to restrict the size of buildings and maintain a consistent built form. The applicant has requested a variance from the maximum building coverage percentage, to allow the construction of an attached garage after fire damage. The neighbouring properties have attached garages, therefore the proposal will maintain a consistent built form. The minimum side yard setback protects the privacy of neighbouring dwellings, and provides access to the rear of the property. The abutting properties to the south are townhouses, which share a wall with the subject property. The property to the north is a detached dwelling. The side yard setback of 0.7 of a metre has existed since the dwelling was constructed, therefore no further impact is proposed. Staff is of the opinion that the requested variances to permit a maximum building coverage of 36.5 percent and a minimum side yard setback of 0.7 of a metre meets the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land The proposed construction of an attached garage is appropriate for the subject property. Currently, the dwelling does not share a consistent built form with the neighbouring townhouses. The other townhouses have an attached garage, where as the subject property has a detached garage. Report P/CA 98/18 Wednesday, October 24,. 2018 55 Page 3 Staff is of the opinion that the requested variances to permit a maximum building coverage of 36.5 percent and a minimum side yard setback of 0.7 of a metre, is desirable for the appropriate development of the land. Minor in Nature The request to build an attached garage, increases the maximum building coverage to 36.5 percent is not anticipated to have any significant impacts on the surrounding area, and therefore considered minor in nature. Conclusion Staff is of the opinion that the requested variances to permit a maximum building coverage of 36.5 percent and a minimum side yard setback of 0.7 of a metre 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. Date of report: October 16, 2018 Comments prepared by: Tanjot Bal Planner I TB:DW:jI Deborah Wylie, MCIP, RPP Principal Planner; Development Review J:\Documents\Development1D-3700 Committee of Adjustment (PCA Applicalions)t20191PCA 9B-19 J. Delaney\RepodlPCA 9B-19 Repod.doc Attachments Exhibit 1 0 E LJ— T (6 Hydro Corridor 0 CC c9 0 T O S4UaC 4Pvo�moCe` sir 110•%:II````````• 111111,`````. Subject 10;ands Pickering Recreation Complex D efenbaker Court Hydro Corridor Getal 1 Dreyber Court iII� I I l Portland Court IIIlIIIlIII'I'I Village East Park a (6 0 0 O m CIEY 4 Location Map File: P/CA 98/18 PICKERI NG City Development Department1615 Applicant: J. Delaney Property Description: Lot 73 Pian M-1025 Alwin Circle) Date: Oct. 01;2018 A he Corporaoon of the City of Plckedng Produced( In pan) under license from: ©eueens Printer, Ontario M6rbtry of Natural Resources. All rights reserved.e Her Majesty the Queen In Right of Canada, Department of Naluml Resources. Al rights reserved.; A Terenet Enterprises Inc. and its suppliers all rights reserved.;® Municipal Properly Assessment Corporation and as suppers all r(ghb reserved; SCALE. 1:5,000 THIS IS NOT APLAU OF SURVEY. 57 Exhibit 2 GGGO jaultlloE OF OALcoNY L AIOOE FUDGE OUTLINE OFEXTERIOR WALL BELOW (IIP.) J1 RILOFOSEO MICA VARVJiCE (EA CLOSE SPACE BELOW) LJ 61) od PICKERING City Development Depattment Submitted Current Plan File No: P/CA 98/18 Applicant: J. Delaney Property Description: Lot 73 Plan M-1025 (1615 Alwin Circle) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 9, 2018 58 Exhibit 3 PP PDX. PROPERTY / FENCE LINE APPROX. PROPERTY/ FENCE LINE 7360- 24'-2" w DECK j- BALCONY e61000601,00 #1615 At.wiC�R-LL GARAGE 0.7m to permit a minimum side yard setback of 0.7 metres r--- • r • r •r _ //////// /IMP ad Cap qm Imp OM MI � to permit a maximum building coverage of 36.5 percent Cts o1 PICKERING City Development Department Submitted Proposed Plan File No:: P/CA 98/18 Applicant: J. Delaney Property Description: Lot 73 Plan M-1025 (1615 Alwin Circle) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct 9, 2018 59 Exhibit 4 I RI53 1 L_ —PROVIDE ilea GUMO AS 1,612011; 000 OA __ f s GO 11•q 9900 •e PH l^ ....-....• ®o ^ 4 01 (=cm NST 4,1 lir S.L. DS 11• g oRooq 15'-9 V2' 2300mm11E1GIR D i.31./5 Witt. FINISH DS v4 • 9'• 2' p^µ15 11 I1 tt. 0 D7 DU LAND04.1 N l ml NEWSTAWWAYANO WARD/HARMS& ' 0 /\DS ,_, -� AS PER 10110100.8 u F. D7 't 14211111 sari Ro0µ m a 3310 0 I 0 I1 @E0H4Z<HS q'.lo V2` _ 1180mm CERINS HEIGHT @0 I I 1/41 1 ` H•.4' EXTERIOR WALL: IIEIGHS0.0104. IsWEW110 L— '1 .$ i 11 1 ,21 —} • Mk 1O+H t/Y tL11 U — ROOOSED MIORVARWIEE (010405E3PAOE) L_:; S rr I �OUSuNa HAMGEW.VA � a G OF MOW ..iT • 40]5 1'•21/2• Z'===> Submitted Plan • 6fy 4 File No: P/CA 98/18 PICKERING Applicant: J. Delaney City Development Property Description: Lot 73 Plan M-1025 Department (1615 Alwin Circle) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE' Oct 91 2018