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Home My WebLink AboutJanuary 9, 2019 pickering.ca Committee of Adjustment Agenda Meeting Number: 1 Date: Wednesday, January 9, 2019 For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email ldunne@pickering.ca Agenda Committee of Adjustment Wednesday, January 9, 2019 7:00 pm Council Chambers Page Number (I) Appointment of Chairperson (II) Appointment of Vice Chairperson (III) Appointment of Secretary-Treasurer (IV) Appointment of Assistant Secretary-Treasurer (V) Adoption of Rules of Procedure (VI) Terms of Reference (VII) Adoption of Agenda (VIII) Adoption of 2019 Meeting Schedule 1 (IX) Adoption of Minutes from October 24, 2018 2-12 (X) Reports 1. P/CA 02/19 & P/CA 03/19 Mattamy (Seaton) Limited 2797 & 2799 Sapphire Drive 13-17 2. P/CA 04/19 K. Manmohan & H. Kumar 319 Toynevale Road 18-22 (XI) Adjournment -Ct%t>f- p](KERJNG -at:;~f- P1CKER1NG Committee of Adjustment Tentative Meeting Schedule for 2019 Last Day to Meeting Date Last Day Sign Posting Appeal for Filing Due Date Committee's (Wednesday) (Tuesday) (Tuesday) Decision (Tuesday) January 9 December 11 Friday January 29 December 21 February 13 January 15 January 29 March 5 March 13 February 12 February 26 April 2 April 10 March 12 March 26 April 30 May8 April 9 April 23 May 28 June 12 May 14 May 28 July 2 July 10 June 11 June 25 July 30 August 14 July 16 July 30 September 3 . September 11 August 13 August 27 October 1 October 9 September 10 September 24 October 29 November 13 October 15 October 29 December 3 December 11 November 12 November 26 :12110011 December 31 1 2--C~6f-- ·Pl(KER]NG Pending Adoption Present Tom Copeland -Vice-Chair David Johnson -Chair Sean Wiley Also Present . . Deborah Wylie, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent Eric Newton Denise Rundle (I) Adoption of Agenda Moved by Tom Copeland Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers That the agenda for the Wednesday, October 24, 2018 meeting be adopted. · Carried Unanimously (II) Adoption of Minutes Moved by Tom Copeland Seconded by Sean Wiley That the minutes of the 13th meeting of the Committee of Adjustment held Wednesday, October 3, 2018 be adopted. Carried Unanimously Page 1 of 11 -C~()/- p](KER]NG (Ill) Reports 1. PICA 92118 M. & K. Balsdon 825 Sandy Beach Road Committee of Adjustment 3 Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers 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. 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 objections, however the proposal is subject to the Tree Protection By-law 6108103. . Peter Barton, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. , Peter Barton indicated this is a large unique property and the detached garage will be used to store old antique trackers. In response to questions from Committee Members, Peter Barton explained the existing garage .on the subject property will be used for personal vehicles and that there will be no running water, HVAC or hoist installed in the proposed detached garage. Due to the structure being heavily screened from the surrounding neighbours and satisfied with comments from the agent, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application PICA 92118 by M. & K. Balsdon, 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: Page 2 of 11 4--C~6f-- p](KER]NG Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers 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 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this· decision shall become null and void. 2. PICA 93/18 M. Bishop 522 Sheppard Avenue Carried Unanimously 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. 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 511 Sheppard Avenue, 514 Sheppard Avenue, 518 Sheppard Avenue, 526 Sheppard Avenue and 1481 Rosebank in support of the requested variances. Michael Bishop, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Michael Bishop explained the history of the property and in response to a question from a Committee Member, Michael Bish9p stated that there will be no running water, HVAC or hoist installed in the proposed detached garage. Due to reviewing the staff report and satisfied with comments from the applicant, Tom Copeland moved the following motion; Page 3 of 11 -C~6f-. - P1CKER1NG Moved by Tom Copeland Seconded by Sean Wiley Committee of Adjustment 5 Meeting Minutes · Wednesday, October 24, 2018 7:00 pm Council Chambers That application PICA 93118 by M. Bishop, 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 accessory structure (detached garage), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. Carri.ed Unanimously 3. PICA 94118 G. & R. Hamdan 1505 Terracotta Court The applicant requests _relief from Zoning By-law 3036, as amended by By-law 2015185 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 Uflcovered steps or platforms not exceeding 1.0rnetre 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. The Secretary-Treasurer outlined the staff recommendation from the City Oevelopment Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. · · Rola Hamdan, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Rola Hamdan spoke to the letter of agreement with the concerned neighbour on Reeser Court. In response to a question from a Committee Member, Rola Hamdan stated the . . cedar trees will be planted in March 2019. . ' Due to the agreement the applicant has made with the concerned resident on Reeser Court, Sean Wiley moved the following motion: Page 4 of 11 Moved by Sean Wiley Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers That application PICA 94118 by G. & R. Hamdan, 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 deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 24, 2018). 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. 4. PICA 95118 Mattamy (Seaton) Limited 1009 Dashwood Court Carried Unanimously The applicant requests relief from Zoning By-law 7364114, 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. · . 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. In respor,se to questions from Committee Members, Liana Dimaranan stated since the last minor variance application in 2016, they will be constructing a larger model home. Liana Dimaranan also stated there will be no walkway at the rear of the property and feels there will be no adverse impact due to the space around the property. Page 5 of 11 Committee of Adjustment 7 Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers Due to reviewing the staff report and satisfied with comments from the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded ~y Sean Wiley That application PICA 95118 by Mattamy (Seaton) Limited, 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 detached dwelling, as generally sited. and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become null and void. · 5. PICA 96118 1747482 Ontario Inc. 700 Front Road Carried Unanimously The applicant requests relief from Zoning By-law 2511, as amended by By-:law 6919108: • 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 • 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. Page 6 of 11 8 -C016f- p](KER1NG Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on · the application. Written comments were also received from the Toronto and Region Conservation Authority expressing no objections to the approval of the application. Lee Gray, 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, Lee Gray $tated they will not be merging the properties because they plan on building a dwelling on the lot. ~ee Gray also stated the accessory structure was bui_lt in March 2018 and is used to store kayaks and canoes. Due to reviewing the staff report and that there are no comments from the City's Engineering Services and no objections from the Toronto Region and Conservation Authority, Sean Wiley moved the following motion: · Moved by Sean Wiley. Seconded by Tom Copeland That application PICA 96/18 by 1747482 Ontario 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 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 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2019, or this decision shall become null and void. 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). Carried Unanimously Page 7 of 11 -C~0/- p](KER]NG 6. P/CA97/18 2545174 Ontario Inc. 490 Kingston Road Committee of Adjustment 9 Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers 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). 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 512 Kingston Road requesting. the minor variance application be denied. The comments expressed several concerns that . parking in the surrounding area is already a problem. The parking lot of the Rosebank Plaza at 512 Kingston Road is frequently used as unauthorized overflow forthe library and community centre, and as visitor parking for townhouses in the area. Delivery vehicles for the subject property at 490 Kingston Road have used the 512 Kingston Road parking lot and the subject property at 490 Kingston Road has insufficient parking. Adding the requested uses will result in an increased level of unauthorized vehicles parking at 512 Kingston Road. These comments were received by the City Development Department prior to the applicant withdrawing the request for personal service shop use. Akbar Ali, agent, was present to represent the application. Bill Getsos of 133 Prohill Street was present in objection to the application. Akbar Ali provided a history of the subject property and explained the application. He stated that since filing the minor variance application they have withdrawn the request to ,include a personal service use (hair salon). Bill Getsos and Angelos Kessinis spoke to the correspondence previously submitted in opposition to the application. Bill Getsos and Angelos Kessinis expressed a concern that if the proposed use is approved It will require additional parking that will impact adjacent properties because of the lack of parking spaces on the subject site. They also expressed a concern regarding the unauthorized overflow parking that occurs on weekends from the community centre and the library. Page 8 of 11 10 __ Cif:j bf . P1CKER1NG Committee of Adjustment Meeting Minutes Wednesday, October 24, 2018 7:00 pm Council Chambers In response to questions from Committee Members, Akbar Ali indicated there are no parking issues on the site and that there are approximately 7 to 8 empty parking spaces on ariy given day, and that the site is not impacted by the overflow parking on the weekends generated from the community centre and the library. Akbar Ali stated the proposed pharmacy use will not generate additional traffic or parking and the business hours would be until 6:00 pm and would be earlier on weekends. ' Due to the submission of a parking study supporting the proposed use and reviewing the staff report, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Sean Wiley That application PICA 97118 by 2545174 Ontario lnc.,_be Approved on the grounds that the addition of a retail store (pharmacy) is minor in nature, desirable for the appropriate . development of the land, ahd 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 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 pen:nitted accessory to a medical clinic or physician's office located within the same building. 7. PICA 98118 J. Delaney 1615 Alwin Circle Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 4356173: • 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. 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. Page 9 of 11 Committe~ of Adjustment 11 Meeting Minutes Wednesday, October 24, 2018 .7:00 pm Council Chambers Michael Ropret, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Michael Ropret stated there was a fire that had occurred early in the year and explained the purpose of the application. In response to a question from a Committee Member, Michael Ropret explained there was an open space between the house and cletached garage that the applicant wOuld like to enclose. Due to reviewing the staff report and satisfied with comments from the agent, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application PICA 98/18 by J. Delaney, 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 attached garage and existing side . yard setback, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4 contained in Committee of Adjustment Report dated October 24, 2018). 2. That the applicant obtain a building permit for the proposed construction by October 23, 2020, or this decision shall become. null and void. Carried Unanimously Page 10 of 11 , 2 __ Cdt; of-- p] ( KE R-J NG · (IV) Adjournment Moved by Tom Copeland Seconded by Sean Wiley Committee of Adjustment Mseting Minutes Wednesday, October 24, 2018 ,7:00 pm Council Chambers That the 14th meeting of the 2018 Committee of Adjustment be adjourned at 7:47 pm and the next meeting of the Committee of Adjustment be held in January 2019. Carried Unanimously Date Chair Assistant Secretary-Treasurer Page 11 of 11 -C1of- p](KER]NG. Report to 13 Comm_ittee of Adjustment Application Number: PICA 02119 & PICA 03119 Date: January 9, 2019 From: Subject: Application Deborah Wylie, MCIP, RPP Principal Planner, Development Review . . Committee of Adjustment Application PICA 02119 & PICA 03119 Mattamy (Seaton) Limited 2797 Sapphire Drive & 2799 Sapphire Drive The applicant requests relief from Zoning By-law 7364114, as amended: PICA 02/19 (2797 Sapphire Drive; Block.87, Unit 2): • To permit a front yard setback of 7.4 metres, whereas the by-law.requires a maximum setback of 4.5 metres. P/CA03/19 (2799 Sapphire Drive; Block 87, Unit 3): • To permit a front yar,d setback of 9.6 metres, whereas the by-law requires a maximum setback of 4.5 metres. · The applicant requests approval of these variances in order to obtain building permits for the construction of street townhouse dwellings. · Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the land, an·d 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 townhouse, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain building permits for the proposed construction by January 6, 2021, or this decision shall become null and void. Comment Official Plan and Zoning By-law . . Pickering Official Plan -"Mixed Use Areas -Mixed Corridors" within the Lamoreaux Neighbourhood Zoning By-law 7364114, as amended -"MC2-1" -Mixed Corridor Type 2 Exception 1 - with integrated private garage accessed from a lane · 14 Report PICA 02119 & PICA 03119 Appropriateness of the Application Conforms to the Intent of the Official Plan January 9, 2019 Page 2 The subject property is within the Seaton Urban Area and designated Mixed Use Areas - Mixed Corridors within the Lamoreaux Neighbourhood. The Official Plan sets out objectives and policies for the Seaton Urban Area to achieve a sustainable urban community. Development to maximum net residential densities and maximum floor space indices are encouraged within Mixed Use Areas. Facilitating zoning compliance for a proposed townhouse development will contribute to achieving a more compact urban area with a diverse housing stock. Staff is of the opinion that the requested variances meet the general intent and purpose of the Official Plan. · Conforms to the Intent of the Zoning By-law The intent of the maximum front yard setback requirement of the. zoning by-law is to ensure that adequate separation is provided between a dwelling and street activity, a sufficient landscaped area is maintained between a dwelling and the adjc;tcent streets, and that an appropriate setback is provided to maintain a consistent streetscape. The applicant has requested a reduction in the maximum front yard setback to 7.4 metres and 9.6 metres respectively whereas the by-law requires a maximum front yard setback of 4.5 metres. Adequate separation is being maintained from the front property line to the building. The building is unable to meet the required maximum front yard setback of 4.5 metres due to the irregular shape of the lot. The. driveway.access to this property is located at the rear of the lot,as such, sufficient landscaped area will be maintained at the front. Additionally, the setback of-the subject townhouse block is relatively consistent with the neighbouring blocks. Staff is of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land The subj$ct property is part of an approved plan of subdivision and no changes are being proposed to the use. Increasing the maximum front yard setbacks to 7.4 metres and 9.6 metres respectively, is desirable in facilitating the development of these. townhouses within · the Seaton Urban Area. Minor. in Nature The requested variances are a function of the irregular shapes of the lots. The front wall of the . . subject townhouse block is flush with the neighbouring blocks. There are no adverse impacts anticipated resulting in these requested variances. Report PICA 02119 & PICA 03119 Input From Other Sources Engineering Services Date of report: December 27, 2018 Comments prepared by: Felix Chau Planner I FC:DW:so January 9, 2019 15 Page 3 • no comments on the application Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:\Documents\DevelopmentlD-370012019\PCA 02-19 & PCA 03-19\Report\PCA 02-19 & 03-19 Report.docx Attachments -Cdt;ol-. P1CKER1NG City Development Department Exhibit 1 Plan 40M-2632 Date: Dec. 18, 2018 SCALE: 1 :5,000 THIS IS NOT APLAHOF SURVEY. "'"' ON w ~s > ~~ C/)C/) 0::: 0 w 0::: :r: a... a... <( DO CJ) ~~ !:::~ ~~ Cl)(/) I r :ti fD (C) ~t:: • ~~ "'"' PICA 03/19 To permit a maximum front yard setback of 9.6 metres OJ" 'b· (.J ~:J lJ< Eei .,,g ,...!Ul 3.()0 179.29 ~ • .s l'\j if 179.14 '\'!>' 3.3% 18.50 Submitted Plan 179.74 !!) PICA 02/19 To permit a maximum front yard·setback of 7.4 metres \ UFF"'17.8.33 FF-;;1B•.oo \ 1FW';;'1B•.oa Tm \ 179.B0 I 0 \ e UFR= 178.42 ~ 179.59 HP 1 55 " 179,74 2.0% 0.65 :;i ,,; (::. t N "' ~ " ,n I) fl: ::, "' "' co r- -.-at,{)1-· _· P1CKER1NG File No: P/CA 02/19 & P/CA 03/19 Applicant: Mattamy (Seaton) '"°imited m..,. ~~ m Ol ~~ 0.. :r: I I b Exhibit 2 3.0m CONC SIDEWALK UFF (}l r- oi ~ B~ I<: D. l'i City Development Department Property Description: Parts 2 & 3, Part Block 87, Plan 40M-2632 (2797 & 2799 Sapphire Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Dec 17, 2018 17 18 J -C~ofJ- Pl(KERJNG From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Report to Committee of Adjustment Application Number: PICA 04119 · Date: January 9, 20·19 Subject: Committee of Adjustment Application PICA 04119 K. Manmohan & H. Kumar 319 Toynevale Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 2839188 and 761011'8 to recognize existing uncovered, unenclosed steps measuring 1.5 metres in height above grade projecting a maximum of 2.6 metres into the required·front yarq; whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into any required front yard. · The applicant requests approval of this variance in order to obtain a building permit to recognize the existing step~. ' 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 existing uncovered, unenclosed steps, 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 existing steps by January 8, 2020, or this decision shall become null ahd void. Comment· Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Areas -Low Density Areas" within the Rosebank Neighbourhood Zoning By-law 2511, as amended by By-law 2839188 and 7610118 -"R4" -Detached Dwelling Residential Fourth Density Zone · Report PICA 04/19 Appropriateness of the Application Conforms to the Intent of the Official Pl~n January 9, 2019 1 9 Page 2 Within the Official Plan, the subject property is designated "Urban Residential Areas -Low Density Areas'; within the Rosebank Neighbourhood. Lands designated "Urban Residential Areas -Low Density Areas" are intended to accommodate uses including detached dwellings. The proposed variance is intended to facilitate zoning compliance for steps to compliment a · · detached dwelling. The steps are necessary as the main entrance of the detached dwelling is elevated. Chapter 12.3(a) (Urban Neighbourhoods -Rosebank) of the Official Plan states, in established residential areas including along Toynevale Road, to·encourage and where possible require new development to be compatible with the character of the existing development. The ·· neighbouring properties consists only of residential uses, as such, the detached dwelling is compatible with the surrounding land uses. Staff is of the opinion that the requested variance meets the general intent and purpose of the Official Plan. · · Conforms to the Intent of the Zoning By-law· The intent of the zoning by-law provision allowing a maximum encroachment into a required front yard is to provide the opportunity for any stairs and/or landing platform to encroach into the front yard when needed, to ensure that adequate separation is provided between a dwelling and street activity, a sufficient landscaped 'area is maintained. between a dwelling and the adjacent streets, and that an appropriate setback is provided to maintain a consistent streetscape. Section 5.8(b) of Zoning By-law 2511.which permits encroachments of uncovered steps or ··platforms not exceeding .1.0 metre in height to project not more than 1.5 metres into the required front yard. The applicants are seeking to recognize the existing uncovered, unenclosed steps not exceeding 1.5 metres in height above grade and projecting a maximum of 2.6 metres into the required front yard. The main dwelling is setback 7.7 metres from the front property line. The encroachment of the 7.5 metre mi_nimum front yard setback is limited to the steps which represents a minor portion of the front face of the dwelling. As such, adequate separation is maintained from the dwelling to the street. The subject dwelling's footprint is relatively consistent in size with the neighbouring dwellings. The 7.7 metre setback is consistent with the front yard setbacks of the immediate neighbours with the westerly neighbour maintaining a 7.7 metre setback and the easterly neighbour maintaining an 8.2 metre setback. The existing uncovered, unenclosed stairs will not obstruct the street view of abutting property owners. Staff is of the opinion that the requested variance meets the general intent and purpose of the Zoning By-law. ZO Report PICA 04/19 Desirable for the Appropriate Development of the Land ,January 9, 2019 Page 3 The steps are intended to facilitate pedestrian access to the elevated front entrance of the detached dwelling. The porch leading to the front entrance of the detached dwelling is elevated 1.6 metres above grade thus the steps are necessary to provide access. Staff is of the opinion that the requested variance to accommodate access to the front entrance of the detached dwelling is desirable for the appropriate development of the land. Minor in Nature The requested variance is intended to permit the steps to encroach into the required front yard setback of 7.5 metres by a maximum of 2.6 metres. The uncovered, unenclosed steps lead up to a wall that is 8.9 .metres away froni the front property line. The steps project from a porch adjacent to a wall that is set back 7.7 metres from the front property line. For this reason, the visual impact of the projection of the porch and the steps to the front entrance is reduced. Additionally, the steps-are slightly narrower than the porch it projects from, which contributes to mitigating the adverse impacts of the projection. Staff is of the opinion that the requested variance is minor in nature. Input From Other Sources Engineering Services Date of report: December 28, 2018 Comments prepared by: Felix Chau Planner I FC:DW:so J:\Documents\Development\D-3700\2019\PCA 04-19\Report\PCA 04-19 Report.docx Attachments · • no comments on the application MJ/J. Deborah Wylie, MCIP, RPP Principal Planner, Development Review -Cdt;o/- PJ(KERJNG City Development Department Exhibit 1 Location Ma File: PICA 04/19 22 72~59'00'E <RP) 72•4~'50"£ JB ,... z. tO,:;;:i ~b " fBN " :i;:; ~ '--". vCO ro"'-t 4..w dc::i (I) I') Mt<) 0 0 Toynevale Road PIN 26300-0149 (REFERENCE BEARING) 15.24 <P1&Set) --; ~ t<,z ~':) 10i "" «ii::i IX)~ ~I.,.. 't.... . ._., t:,,v 'L,.. ...., -~ q_'vl/f-# 319 2 STOREY DWELLING. FFEi=:108.80 3 PIN 26300-0170 l PART 2, PLAN 40R-28568 . ,.... :le:: ol5 0.. ~~ • D! p:i w ,._, IN Li...~ 0) 9 (P18.Set) . . (Pl&Set) 1.57 (M) Exhibit 2 To permit uncovered steps measuring 1.5 metres in height to project a maximum of 2.6 metres into the required front yard p N72'44'50"£ 15'.24 1. 2 <RP2> --ij,!O!!!!!"j--~-~~~;,--...~-t.,-M,..~-.h,-X--ill-x.-0.BE. BF 0.14S D.14E City Development Department BF PART 3, PL~N 40R-2B568 Submitted Plan File No: P/CA 04/19 Applicant: K. Manmohan BF d.07N 0.06E SJB(810) ) I ~ BF · 0.03N 0,23E .j\ Property Description: Part Lot 28, Plan 350 Now Part 2, 40R-28568 (319 Toynevale Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Dec 19, 2018