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HomeMy WebLinkAboutFebruary 13, 2019city PICKERING Committee of Adjustment Agenda Meeting Number: 2 Date: Wednesday, February 13, 2019 pickering.ca DICKERING cis, Agenda Committee of Adjustment Wednesday, February 13, 2019 7:00 pm Council Chambers Page Number (I) Adoption of Agenda (II) Adoption of Minutes from January 9, 2019 1-6 (III) Reports 1. P/CA 01/19 7-13 B. & N. Gray 708 Front Road 2. P/CA 05/19 14-18 Steele Valley Development Ltd. 1300 Kingston Road 3. P/CA 07/19 19-23 J. Chin 1473 Highbush Trail 4. P/CA 08/19 24-28 M. Senviczki 901 Reytan Boulevard 5. P/CA 10/19 29-32 Dunbarton-Fairport United Church 1066 Dunbarton Road (IV) Adjournment For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email Idunne@pickering.ca DICKERING zy Committee of Adjustment Meeting Minutes Wednesday, January 9, 2019 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 Samantha O'Brien, Assistant Secretary -Treasurer Absent (1) Appointment of Chairperson Moved by Tom Copeland Seconded by Eric Newton That David Johnson be appointed as Chairperson for the 2019 term. Carried Unanimously (II) Appointment of Vice Chairperson Moved by David Johnson Seconded by Eric Newton That Tom Copeland be appointed as Vice Chairperson for the 2019 term. Carried Unanimously (111) Appointment of Secretary -Treasurer Moved by Tom Copeland Seconded by Eric Newton That Deborah Wylie and Cody Morrison be appointed as Secretary -Treasurers. Carried Unanimously Page 1 of 6 1 2 DICKERING Committee of Adjustment Meeting Minutes Wednesday, January 9, 2019 7:00 pm Council Chambers (IV) Appointment of Assistant Secretary -Treasurers Moved by Tom Copeland Seconded by Denise Rundle That Lesley Dunne and Samantha O'Brien be appointed as Assistant Secretary -Treasurers. Carried Unanimously (V) Adoption of Rules of Procedure Moved by Eric Newton Seconded by Denise Rundle That the Rules of Procedures be adopted as amended. Carried Unanimously (VI) Terms of Reference Moved by Tom Copeland Seconded by Sean Wiley That the revised Terms of Reference be forwarded to the Clerks Office. Carried Unanimously (VII) Adoption of Agenda Moved by Sean Wiley Seconded by Eric Newton That the agenda for the Wednesday, January 9, 2019 meeting be adopted. Carried Unanimously (VIII) Adoption of 2019 Meeting Schedule Moved by Eric Newton Seconded by Sean Wiley That the Committee of Adjustment Meeting Schedule for 2019 be adopted. Carried Unanimously Page 2 of 6 C4 DICKERING 3 Committee of Adjustment Meeting Minutes Wednesday, January 9, 2019 7:00 pm Council Chambers (IX) Adoption of Minutes Moved by Sean Wiley Seconded by Tom Copeland That the minutes of the 14th meeting of the Committee of Adjustment held Wednesday, October 24, 2018 be adopted. Carried (X) Reports 1. P/CA 02/19 and P/CA 03/19 Mattamy (Seaton) Limited 2797 & 2799 Sapphire Drive The applicant requests relief from Zoning By-law 7364/14, as amended: P/CA 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/CA 03/19 (2799 Sapphire Drive; Block 87, Unit 3): • To permit a front yard 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. 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. Thomas Kastelic, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Thomas Kastelic stated there is a patio above the garage that will provide amenity space. Page 3 of 6 4 DICKERING c4 Committee of Adjustment Meeting Minutes Wednesday, January 9, 2019 7:00 pm Council Chambers Moved by Eric Newton Seconded by Sean Wiley That application P/CA 02/19 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 townhouse, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated January 9, 2019). That the applicant obtain building permits for the proposed construction by January 6, 2021, or this decision shall become null and void. That application P/CA 03/19 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 townhouse, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated January 9, 2019). That the applicant obtain building permits for the proposed construction by January 6, 2021, or this decision shall become null and void. Carried Unanimously 2. P/CA 04/19 K. Manmohan & H. Kumar 319 Toynavale Road The applicant requests relief from Zoning By-law 2511, as amended by By-law 2839/88 and 7610/18 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 yard; 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 steps. Page 4 of 6 Cty o� DICKERING Committee of Adjustment Meeting Minutes Wednesday, January 9, 2019 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 also received from the City's Engineering Services Department expressing no comments on the application. Nacleem Irfan, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Nadeem Irfan stated the steps were already constructed when a discrepancy between the grading plan and site plan was discovered. Moved by Tom Copeland Seconded by Denise Rundle That application P/CA 04/19 by K. Manmohan & H. Kumar, 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 uncovered, unenclosed steps, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated January 9, 2019). That the applicant obtain a building permit for the existing steps by January 8, 2020, or this decision shall become null and void. Carried Unanimously Page 5 of 6 5 6 GGg DICKERING Committee of Adjustment Meeting Minutes Wednesday, January 9, 2019 7:00 pm Council Chambers (XI) Adjournment Moved by Eric Newton Seconded by Denise Rundle That the 1st meeting of the 2019 Committee of Adjustment be adjourned at 7:12 pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 13, 2019. Date Chair Assistant Secretary -Treasurer Carried Unanimously Page 6of6 ty �a DICKERING 7 Report to Committee of Adjustment Application Number: P/CA 01/19 Date: February 13, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 01/19 B. & N. Gray 708 Front Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18 to: • permit a minimum rear yard depth of 1.5 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres • permit a minimum front yard depth of 0 metres, whereas the by-law requires a minimum front yard depth of 7.5 metres • permit a maximum building height of 9.15 metres, whereas the by-law requires a maximum building height of 9.0 metres • recognize an existing covered porch not exceeding 3.0 metres in height projecting to the front lot line, whereas the by-law requires uncovered steps and platforms not exceeding 1.0 metre in height may project a maximum of 1.5 metres into the required front yard The applicant requests approval of these variances in order to obtain a building permit for a proposed addition to an existing dwelling. 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 addition and garage, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3). 2. That the applicant obtain a building permit for the proposed construction by February 12, 2021, or this decision shall become null and void. 8 Report P/CA 01/19 February 13, 2019 Page 2 Background The applicant was previously (July 7, 2009 and December 7, 2016) granted relief from Zoning By-law 2511, as amended, to: • permit a minimum rear yard depth of 1.5 metres, whereas s the by-law requires a minimum rear yard depth of 7.5 metres • permit a minimum front yard depth of 0 metres, whereas the by-law requires a minimum front yard depth of 7.5 metres • recognize an existing covered porch not exceeding 3.0 metres in height projecting to the front lot line, whereas the by-law requires uncovered steps and platforms not exceeding 1.0 metre in height may project a maximum of 1.5 metres into the required front yard The applicant failed to fulfill the conditions of approval, therefore the applications lapsed and the decisions became null and void. Since the previous minor variance application in 2016, Council approved a City initiated zoning by-law amendment to introduce a maximum building height to Zoning By-law 2511 for parts of the established neighbourhoods of Rosebank, West Shore and Bay Ridges that did not have a maximum building height. The subject property is within the Bay Ridges Neighbourhood, therefore did not have a maximum height when the applicant previously submitted minor variance applications. This minor variance application is to grant relief from Zoning By-law 2511 for the rear yard, front yard, covered porch encroachment and height, and to recognize the existing building height. Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Medium Density Areas" within the Bay Ridge Neighbourhood Zoning By-law 2511, as amended by By-law 7610/18 — "R4" — Fourth Density Residential Zone Appropriateness of the Application Conforms to the Intent of the Official Plan The subject property is designated as Urban Residential Areas — Medium Density Areas within the City of Pickering's Official Plan. Detached dwellings are a permitted use within the designation and the primary housing form within the Bay Ridges Neighbourhood. Report P/CA 01/19 February 13, 2019 9 Page 3 Staff is of the opinion that the requested variances to permit a minimum rear yard of 1.5 metres, minimum front yard of 0 metres, maximum building height of 9.15 metres and to recognize an existing covered porch not exceeding 3.0 metres in height projecting to the front lot line meets the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The intent of the minimum front yard depth requirement of the zoning by-law is to provide an adequate separation between a .dwelling and street activity, and an adequate landscaped area; and to accommodate a parking space within the driveway. There is adequate landscaped area along Front Road located at the side of the dwelling. A driveway of sufficient depth to accommodate a parking space leading to the proposed garage is located at the side of the property and is accessed by a private laneway (Waterfront Street). The applicant has requested relief for the existing covered porch that encroaches into a municipal right-of-way. The road allowance has remained unopened, therefore planning staff have no concern for recognizing the existing structure. The intent of a minimum rear yard depth is to ensure that an adequate amenity space is provided. There is adequate amenity space within the side yard. The Zoning By-law has a maximum height for residential dwellings to prevent the construction of massive dwellings that are out of character with the established neighbourhood. The variance of 0.15 of a metre to the permitted 9.0 metres height is minimal and is not detrimental to the character of the Bay Ridges Neighbourhood. The requested variances meet the general intent and purpose of Zoning By-law 2511. Desirable for the Appriopriate Development of the Land The proposed construction of an extension to the existing dwelling is appropriate for the subject property. The applicant proposes to construct an attached garage and addition to the front of the dwelling. The total lot coverage will not exceed the permitted maximum lot coverage. Staff is of the opinion that the requested variances to permit a minimum rear yard of 1.5 metres, minimum front yard of 0 metres, maximum building height of 9A5 metres and to recognize an existing covered porch not exceeding 3.0 metres in height projecting to the front lot line is desirable for the appropriate development of the land. Minor in Nature The request to build an attached garage and an extension to the existing dwelling at the front yard, is not anticipated to have any significant impacts on the surrounding area, and therefore is considered minor in nature. 10 Report P/CA 01/19 February 13, 2019 Page 4 Conclusion Staff is of the opinion that the requested variances to permit a minimum rear yard of 1.5 metres, minimum front yard of 0 metres, maximum building height of 9.15 metres, and to recognizean existing covered porch not exceeding 3.0 metres in height projecting to the front lot line, is 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 Date of report: February 1, 2019 Comments prepared by: Tanjot Bal Planner I TB:jc J:\Documents\Development\D-3799129191PCA 91-19\B-RepodlPCA 01-19 Repod.doc Attachments • no objections to the proposal; require a grading plan with the building permit process to ensure that the proposal will not have adverse impacts on the neighbouring properties especially with respect to additional roof drainage Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 11 Frenchman's Bay Beachpofnt Pro de > 0 c 2 Browmrg Avenue Subject Lands J!II) L Bayview 1 1 1IE 0 41 ►O•ofra m c O 0 m a� CL La C.) Haller Avenue 111111/1 111 11 111111111 Iiiiiln 11 Old Orchard Avenue Monica Cook P ace Ilona Park Road Frenchman's Bay. East Park co 0 0 o. 0 z 0 • oulevard Luna Court .oxglove Avenue Gull Crossing Commerce Street Progress11111j Wharf Street ri Broadview Street • Annland Street C4 4 Location Map File: P/CA 01/19 PICKERING City DevelopmentProperty Department Applicant: B. & N. Gray Description: Lot 47 and Part Lot 46, Plan M-90 708 Front Road? Date: Nov. 28, 2018 Alright m�erved.Sx rCity re: ned.""`"'IHeSa"e5' jestytn Quee In Right ofCa ada Depxnmentoiw tto, IResourrcce`s.AlrightMinistry LTeranet EntHedsesInc. and its suppliers all rights reserved.;® MwuGpel Properly Assessment Corporation and Is suppters all rights reserved.; SCALE: 1:5,000 THIS IS NOT A PLAN OF SURVEY. 12 Exhibit 2 To permit a minimum front yard depth of 0 metres. FRONT ROAD (FORMALLY PARK ROAD) BY REGISTERED PLAN M-90 Q PROPOSED ADDITION PART 37 24.04 1' -EXISTING PORCH 1 0 O 0 NO. 708 / 1 14-0'/ EXISTING (427 MI BUNGALOW LINE OF I --SECOND FLOOR EXISTING SI -ED TO BE REMOVES I 1„11 6.'1 GRADES AROUND BUILDING NE - 76.311 SE -76.463 NW - 76.765 SW - 76.822 AVERAGE GRADE - 76.590 PART 38 15.16 To recognize an existing covered porch not exceeding 3.0 metres in height projecting to the front lot line. LOT 47 8z -I. (25.02 M) PROPOSED DRIVEWAY PROPOSED SLOPE - 2.8E !17 To permit a minimum rear yard depth of 1.5 metres. LEGENOI �6,.03g EXISTING GRADE Vit. PROPOSED GRADE 4'4 Luuj ct cdp PICKERING City Development Department Submitted Plan File No: P/CA 01/19 Applicant: B. & N. Gray Property Description: Lot 47 and Part Lot 46, Plan M-90 (708 Front Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Jan. 17, 2019 Exhibit 3 L:\P Ian ni ng\Corel\P lann ing\Apps\PCA\2018 To permit a maximum building height of 9.15,E,,-....:, metres. w 1 pap, DES INS :'401 n mom___ .. •� ..1 ,dit�~"c p pm ..m.a. �I ..m o ... o r.' 1.17^101,j. F'- =1rnT1 0®010000 ❑DDD 4 ®®d _ t II ' t • i:p:' t 1 - ; r •ea- �seae all i ,, -� r', - - r .. mmanatw•em. • RxPOS'®1?f Six nPy TION r i ri 1 rs =At. fY . � ' '�•I ®t 11...:.....:. . 11""1 :..... J� 0. J 0_1 t ourriz000� 0 I Ism ....... ' Fe Fs I d II 1 I N / \ � ..IIIMOtaa"21% U NIDROOI frj,.t, ,. ........'/��'l�'s�itl inlw o I m1°°°Y`74.1 . �.,.. , „.-./ _ 00 AI.D NICCI GRAT • .. _ __. _ . __ _ -•• •^• ^•••^ movm...m qua "". SEWN] STOREY ADDITION W/ RB8O. - WSWOSED Scvto, A• �an.0 1Y° • P4CR�12C71W B$ 708 FRONT ROAD CITY OF PICKERING TT PROPOS®HP+ATION AN7 SECTIONS FEB.16 OWG NO. e 3116 • r -o 5-087 A4 Submitted Elevations C` 4 File No: P/CA 01/19 2 PICKERING Applicant: B. & N. Gray Property Description: Lot 47 and Part Lot 46, Plan M-90 (708 Front Road) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Jan. 17, 2019 L:\P Ian ni ng\Corel\P lann ing\Apps\PCA\2018 14 C4o� PICKERING Report to Committee of Adjustment Application Number: P/CA 05/19 Date: February 13, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 05/19 Steele Valley Development Limited 1300 Kingston Road Application The applicant requests relief from Zoning By-law 7553/17, as amended, to permit a 167 square metre temporary outdoor display and sales (garden centre) use accessory to a food store use; whereas an outdoor display and sales (garden centre) use accessory to a food store use is not permitted by the by-law. The applicant requests approval of this variance in order to establish an outdoor garden centre use on a seasonal basis. 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 outdoor display and sales (garden centre) use, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2). 2. That the outdoor display and sales (garden centre) use shall only be permitted accessory to a food store located on the property. Background In May of 2018, the City's By-law Enforcement Department received a complaint regarding an outdoor garden centre encroaching onto a sidewalk in front of the Pacific Market food store. Upon further review it was determined that an outdoor garden centre use was not permitted under the new City Centre Zoning By-law. To rectify this non-compliance, the tenant applied for a minor variance to permit a temporary seasonal outdoor garden centre use on the site. Minor Variance Application P/CA 54/18 was approved in June 2018 to permit a temporary outdoor garden centre use, conditional on the variance becoming null and void on August 31, 2018. This intent of having the variance lapse was to allow the use to remain until the end of the season, but to let staff reassess the proposal at a later date. Report P/CA 05/19. February 13, 2019. 15 Page 2 Staff was concerned at the time of the previous variance that a zoning amendment would be a more appropriate process to add the use than a minor variance. However, after hosting a pre -submission consultation meeting with the applicant, staff is now satisfied that a minor variance is an appropriate process through which to add outdoor display and sales (garden centre) as a permitted use on the subject lands. Comment Appropriateness of the Application Conforms to the Intent of the Official Plan • The Pickering Official Plan designates the subject lands as "Mixed Use Areas — City Centre" within the City Centre Neighbourhood. This designation allows.for.the broadest range of uses including high density residential, retailing of goods and services, offices and restaurants, hotels, convention centres, and community, cultural and recreational uses. Staff is of the opinion that the requested variance to permit an outdoor display and sales (garden centre) use meets the general intent and purpose of the Official Plan. Conforms to. the Intent of the Zoning By-law The subject lands are zoned "CC1" — City Centre One within the City Centre Zoning By-law 7553/17, which permits a wide range of office, commercial, retail and residential uses, but does not permit an outdoor garden centre use. The Zoning By-law also places an "H" — Holding Symbol on the lands, which allows for the use of all existing lawful uses located in existing building or structures, but prevents development until such time that a block development plan is prepared and approved by City Council. The intent of the "CC1" Zone and the Holding Provision is to allow for currently existing uses and buildings, while also making provisions for the orderly redevelopment of the lands. The proposed use is intended to be accessory to the existing food store and does not represent a major redevelopment of the lands. A garden centre is a common accessory use to a food store. Within the City Centre, 1792 Liverpool Road is also zoned "CC1 and is currently occupied by Loblaws. The City Centre Zoning By-law contains an exception for 1792 Liverpool Road, which allows for a garden centre use on a seasonal basis., The proposed outdoor display and sales (garden centre) use accessory to a food store is consistent with other uses within the City Centre. The recommended conditions will ensure that the proposed outdoor display and sales (garden centre) use remains accessory to the existing food store use. Subject to the recommended conditions, staff is of the opinion that the requested variance meets the general intent and purpose of the Zoning By-law. 16 Report P/CA 05/19 February 13, 2019 Page 3 Desirable for the Appriopriate Development of the Land The proposed outdoor display and sales (garden centre) use is intended to be accessory to the existing food store use and will be located on the existing sidewalk outside the entrance to the food store. No alterations to parking or other permanent exterior modifications are proposed. The proposed use will not result in any negative impacts on adjacent tenants or property owners. Further, a seasonal garden centre is an appropriate and common accessory use for the operation of food stores. Subject to a condition limiting the size and location of the proposed use, 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 an outdoor display and sales (garden centre) use is not anticipated to have any significant impacts on the surrounding area or subject lands. The proposed use is limited in size and will be accessory to the food store. Staff is of the opinion that the requested variance to permit an outdoor display and sales (garden centre) use 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 Date of report: February 5, 2019 Comments prepared by: Rory McNeil Planner I RM:DW:jc J:1Documents\Development1D-3700120191PCA 05-19\Report Attachments • no comments on the application Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 7 U' U co2 CO 0) J Glengrove Park Brands 1�Court Glenanna Road 111111 1 1 1 111 Glengrove Public School -o (0 O Q) 0 • Subject Lands City 4 Location Map File: P/CA 05/19 I'1CKERING City Development Department Applicant: Steele Valley Developments Ltd. Property Description: Part of Lot 22, Concession 1; Part of Blocks A, B, Plan M998 now Parts 1-5, 12, 18-23, 40R-8184 (1300 Kingston Road) Date: Jan. 21, 2019 0 the Corporates of the Cary of Plchenrg Produced pn pan) under license from:0 Queens Pnrder, Ontario Ministry of Natural Resources. Ml rights reserved.9 Her Majesty the Queen to Right of Canada, Department of Natural Resownes. At rights reserved.; La -Fermat Enterprises Inc. and Es sump!, rs all rights reserved:esMunIclpal Property Assessment Corporallen and as samplers all rights rese reed.; SCALE. 1:5,000 THIS IS NOT A PLAN OF SURVEY. Exhibit 2 > ROAN. CE SiE • PCMPINZ GerCNV / / / 1 L v 10 1 <17 AS 7 / 1300 ,1( fl FO©t4 T 14,112, 1CCSE =EL AI cif lc F"ecfffl • -I V r EXISTING DRIVEWAY 1 Existing Food Store. Proposed, Garden Centre FASTING DRIVEWAY 24 • _ - —_ ExIs7lNGL,IND$cAPEAAREII�- Kingston Road EXISTING S)DEWALK EXISTING RETAIL To permit an outdoor display and sales (garden centre) use accessory to a food store use. CD 64 I PICKERING City Development Department Submitted Plan File No: P/CA 05/19 Applicant: Steele Valley Developments Ltd. Property Description: Part of Lot 22, Concession 1; Part of Blocks A, B, Plan M998 now Parts 1-5, 12, 18-23, 40R-8184 (1300 Kingston Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Jan. 18, 2019 L:\Planning\Carel\Planning'Apps\PCA\2019 ate o� DICKERING 19 Report to Committee of Adjustment Application Number: P/CA 07/19 Date: February 13, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 07/19 J. Chin 1473 Highbush Trail Application The applicant requests relief from Zoning By-law 3036, as amended, to recognize an existing accessory structure (gazebo): • erected in the front yard, whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard • having a maximum height of 4.3 metres, whereas the by-law permits a maximum height of 3.5 metres for accessory structures in any residential zone. 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 (gazebo), as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2). 2. That the applicant obtain a building permit for the existing accessory structure (gazebo) by February 12, 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, as amended — "R4" — Detached Dwelling Residential Fourth Density Zone 20 Report P/CA 07/19 February 13, 2019 Page 2 Appropriateness of the Application Conforms to the Intent of the Official Plan The property is designated "Urban Residential Areas — Low Density Areas" which permits residential uses. The gazebo is a subordinate structure to an existing detached dwelling, as such it is accessory to a residential use. The property is located within the Woodlands Neighbourhood boundary. Policy 12.8(a) of the Official Plan states, in the established residential areas development is encouraged and where possible, is required to be compatible with the character of the existing development. Since the proposed development is accessory to a residential use, the proposed development is compatible with the existing residential nature of the area. 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 requirement for accessory structures to be located in the rear yard is to maintain a visually attractive front yard and streetscape, maintain an adequate separation distance between buildings on a property and street activity and avoid adverse impact on the streetscape. The subject property is a corner lot and is flanked by Highbush Trail to the west and north. Since the northerly lot line is the shortest lot line that fronts onto a street, the accessory structure is considered to be in the front yard. Section 6.4 of the zoning by-law further defines the westerly lot line as the flankage yard, the southerly lot line as the side yard, and the easterly lot line as the rear yard. The dwelling is oriented such that the main wall of the dwelling faces the westerly flankage lot line, and the existing driveway access is also on this same side. For this reason, the visual impact on the streetscape is minimal because the accessory structure appears to be located at the side of the dwelling. The accessory structure is also enclosed in fencing within the amenity area of the dwelling. Adequate separation is maintained from neighbouring structures and is further buffered by existing vegetation. The intent of the zoning by-law requirement for a maximum height for an accessory structure of 3.5 metres is to minimize the visual impact of accessory buildings on abutting properties and on the streetscape, and to ensure other yards are not significantly obstructed by these structures on the property. The accessory structure measures 4.3 metres in height and is adequately separated from all neighbouring structures. Sufficient tall vegetation'in conjunction with a change in grade minimizes the impact of the accessory structure. From the westerly flankage yard, the accessory structure is visible due to the drop in grade despite the fencing and vegetation. However, as previously mentioned, the accessory structure appears to be at the side of the existing dwelling. Report P/CA 07/19 February 13, .2019 Page 3 Staff is of the opinion that the requested variance meets the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land The accessory structure, being a gazebo, contributes to the amenity area of the residential property. The structures on theproperty are oriented such that the amenity area is limited to the side of the dwelling. Staff is of the opinion that the requested variance is desirable for the appropriate development of the land. Minor in Nature The accessory structure is adequately buffered from neighbouring structures and there will be limited adverse impact to the surrounding properties. The visibility of the structure from the flankage yard is a function of a change in grade, as it would still be visible had it complied with the 3.5 metre height requirement. Staff is of the opinion that the requested variance is minor in nature. Input From Other Sources Engineering Services • no comments on the application Resident of 1476 Highbush Trail • letter in support of the application Date of report: February 6, 2019 Comments prepared by: Felix Chau Planner I FC:DW:jc J:1DocumentslDevelopnenllD-3799129191PCA 97-19\ReportlPCA 07-19 Report.doc Attachments Deborah Wylie, ' IP, RPP Principal Planner, Development Review 21 Exhibit 1 ilia 11111111= 0alvington Dr0 ox`f'jood it 1 111111111111d /1imumuun1 Pineview Lane 11111111111111111111 IIII1111111111111111111111110 Autumn Crescent ddlers Co u Subject Lands Sheppard Avenue a) PICKERING City Development Department Location Map File: P/CA 07/19 Applicant: J. Chin of c m a ml to sent fn a o' r 0) • • IM im Property Description: Lots 114 & 115, Plan 816 (1473 Highbush Trail) O The Corporation of he CM/ of Pickering Produced Gn pant under Imense from:O Oueens Mutter, Onlana Ministry of Natural Resources. All rights reserved.;® Her Majesty the Queen In Right of Canada, Opp ailment of Natural Reso um es. Al rights reserved.; O Yoram) Enterpnsea Inn. and Es supppa,e all rights reserved.; 0 Municipal Pmpeny Assessment Corporation end De suppers all rights reserved.; Date: Jan. 18, 2019 SCALE: 1:5,000 THIS IS NOTA PLAN OF SURVEY. Exhibit 2 L:\Planning\Corel\Planning\Apps\PCA \2D19 Highbush Trai83'-84„ . To permit an ac essory structure / r, s;1IW; AM (gazebo) to be erected in the front yard. 'r 1 • NW a - �'� To permit an OIP XIST?NG WOODPA EXISTING FENCE . LANDSCAPED PROPOSED SUNROOM accessory structure (gazebo) to have a maximum height of 4.3 metres. 15-64" AREA A . .:- _ • --t- H 2 Cn ,Li%. _ lc EXISTING TERLOCK1NG 'r-11:" ,�: ¢sslo tfi. CD � 04 2 74' LIU iffil OF 0 EXISTING DRIVEWAY 1473 HIGHBUSH TRAIL EXISTING DECK ` 1 h'-2^ PROPOSED PLAN A SITE '� 119.-32" 1473 HIGHBUSH TRAIL it SCALE: 0.-3$2'....V-0 ASP2 DATE: 2018/08/06 Submitted Plan Cdy File No: P/CA 07/19 002 PICKERING Applicant: J. Chin Property Description: Lots 114 & 115, Plan 816 (1473 Highbush Trail) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. IN DATE: Jan. 18, 2019 U L:\Planning\Corel\Planning\Apps\PCA \2D19 24 ct iy DICKERING Report to Committee of Adjustment Application Number: P/CA 08/19 Date: February 13, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 08/19 M. Senviczki 901 Reytan Boulevard Application The applicant requests relief from Zoning By-law, 2520, as amended, to permit a minimum side yard setback of 0.9 of a metre, whereas the by-law requires a minimum side yard setback of t5 metres. The applicant requests approval of this variance in order to obtain a building permit to reconstruct the vestibule. 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 reconstruction of the vestibule, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by February 12, 2021, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Areas" within the Bay Ridge Neighbourhood Zoning By-law 2520, as amended — "R4" — Fourth Density Residential Zone Report P/CA 08/19 February 13, 2019 25 Page 2 Appropriateness of the Application Conforms to the Intent of the Official Plan. The subject property is designated as Urban Residential Areas — Low Density Areas within the City of Pickering's Official Plan. Detached dwellings are a permitted use within the designation and the primary housing form within the Bay Ridges Neighbourhood. Staff is of the opinion that the requested variance to permit a minimum side yard of 0.9 of a metre meets the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The intent of the minimum side yard requirement of the zoning by-law is to provide an appropriate separation between structures on abutting properties and to accommodate pedestrian access to the rear yard. The requested side yard setback of 0.9 of a metre is sufficient to provide adequate separation between dwellings and to provide pedestrian access into the rear yard. The requested variance meets the general intent and purpose of Zoning By- law 2520. Desirable for the Appriopriate Development of the Land The vestibule was existing when the applicant purchased the property and encroached into the required side yard setback. Staff are not sure if the vestibule pre -dates Zoning By-law 2520. Therefore, staff is of the opinion that the requested variance to permit a minimum side yard of 0.9 of a metre is desirable for the appropriate development of the land. Minor in Nature The request to rebuild a vestibule that extends into the required side yard setback is not anticipated to have any significant impacts on the surrounding area, and therefore is considered minor in nature. Conclusion Staff is of the opinion that the requested variance topermit a minimum side yard of 0.9 of a metre, is 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 Toronto and Region Conservation Authority • no objections to the application 26 Report P/CA 08/19 February 13, 2019 Page 3 Date of report: February 1, 2019 Comments prepared by: Tanjot Bal Planner I TB:jc J:1Documents\Development1D-3700\20191PCA OB-191ReporAPCA OB -19 Repod.doc Attachments Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 9.7 mom%Poprad Aven irSubje, Lands 11! it Bayly Street 1 0 -o 0 Tatra Driv 11 ilIlIlIll 11110 ordon Avenue — NMI Bayview Heights Public School 11111111 Drava Street • 1*. WOO II ae 11111 111 IMOWO0111 Ism mowwow- .000 illaiwu — o IOW 101110111111—.i Bronwen Lane IOW IOW WOO 11011111 Regan Place IWO �= `MW OM 111011 111 111111 . OW MI �, III nu* 0.. 4,41 :1g roe ono owe arm 0 0 c v m O. L (D (1) Ib m Location Map File: P/CA 08/19 PICKERING City Development Department Applicant: M. Senviczki- Property Description: Lot 372, Plan M11 (901 Reytan Boulevard) Date: Jan. 16, 2019 9 The Corporation of the City of Pickering Produced (in pan) under (cense from: CP Queens Punter, Oka). Thbiry of Natural Resources. All rights reserved.(0 Her Ma)esty the Queen In Right of Canada, Depadment of Natural Resources. Al rights reserved.) o9 Tame Enterprises Inc. and Its suppliers all rights reserved.;® WuNdpal Property Assessment Corporation and Its euppEers on rights reserved.; SCALE. 1.5,000 THIS IS HOT A PLAN OF SURVEY. 28 Exhibit 2 Reytan Boulevard • To permit a minimum side yard setback of 0.9 of a metre. s e G �� VES :ULE ' 1 v I -<,,,v I-. 1 _ - y 1 `_ - = • y Submitted Plan 4 • Ci File No: P/CA 08/19 PICKERING Applicant: M. Senviczki Development Property Description: Lot 372, Plan M11 (901 Reytan Boulevard) City Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE' Jan. 17, 2019 DICKERING city Report to 29 Committee of Adjustment Application Number: P/CA 10/19 Date: February 13, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 10/19 Dunbarton-Fairport United Church 1066 Dunbarton Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 2285/86 to permit the maximum number of children in all day nurseries to be pursuant to the provisions of the Child Care and Early Years Act 2014, or any successor thereto, whereas the by-law requires a maximum of 60 children enrolled at any one time. The applicant requests approval of this variance to obtain a child care license from the Ministry of Education allowing the existing day nursery to increase the number of students. Recommendation The City Development Department considers the 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. Background In 1986, the applicant, Dunbarton-Fairport United Church, received approval for a Zoning By-law Amendment (A 29/86) to permit the establishment of a daycare facility in addition to the existing place of worship use. A special regulation within the site specific by-law (2285/86) implemented a maximum number of students permitted at the day nursery of 60. As described through Planning Report Number 56/86, the establishment of a maximum capacity was to ensure that the site does not become overcrowded. It was also acknowledged that the day nursery will likely not be operating at the same time as a church activity, as such overcrowding of the on-site parking was not an anticipated issue. 3 0 Report P/CA 10/19 February 13, 2019 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan "Urban Residential Areas — Low Density Areas" — within the Dunbarton Neighbourhood" Zoning By-law 3036, as amended by By-law 2285/86 — "I(C)-DN" Appropriateness of the Application Conforms to the Intent of the Official Plan The Pickering Official Plan designated the subject property as "Urban Residential — Low Density Areas" within the Dunbarton Neighbourhood. Permissible uses under this designation include, but are not limited to: residential uses, home occupations, limited offices serving the area, and limited retailing of goods and services servicing the area; community, cultural and recreational uses; community gardens; farmers' markets; compatible employment uses, and compatible special purpose commercial uses serving the area. The property is located within the Dunbarton Neighbourhood. Within "Chapter 12 — Neighbourhood 7" of Official Plan, the property is recognized as being one of three places of worship located within this Neighbourhood. Staff is of the opinion that the place of worship and day nursery uses are compatible with the provisions in this Official Plan designation. The requested variance maintains the purpose and intent of the Official Plan. Conforms to the Intent of the Zoning By-law The intent of limiting the number of students permitted within a day nursery is to ensure there is adequate area within the building and that adequate parking spaces, amenity area and drop- off/pick-up area is provided on-site for the permitted use. The multi -use building accommodates an institutional (place of worship) use and a day nursery. The day nursery and the place of worship activity generally do not operate at the same time, for this reason, it is anticipated that issues with regards to overcrowding and insufficient on-site parking will be minimal. Although this variance seeks to remove the maximum number of students permitted at the day nursery use from the Zoning By-law, the number of students permitted will still be regulated by the Ministry of Education through the Child Care and Early Years Act, 2014, and any successor thereto. Staff is of the opinion that the requested variance maintains the purpose and intent of the Zoning By-law. Report P/CA 10/19 February 13, 2019 31 Page 3 Desirable for the Appropriate Development of the Land The property was rezoned in 1986 to permit a day nursery use within the existing place of worship and the uses have been ongoing at this location since. There is no proposed development at this property. The requested variance is to facilitate an adjustment to a special regulation included in the site specific by-law. Staff is of the opinion that the requested variance is desirable for the appropriate development of the land. Minor in Nature For the following reasons, the requested variance will have a limited impact and is considered minor in nature: • Despite removing from the Zoning By-law the limit of the number of students permitted. at the day nursery, an appropriate maximum will still be implemented, as determined by the Ministry of Education through the Child Care and Early Years Act, 2014 and any successory thereto. • This variance does not facilitate any construction nor does it facilitate the introduction of a new use at this property. • It is proposed that the place of worship and the day nursery uses will continue their current hours of operation which is that they do not operate at the same times limiting the impact for on-site parking and issues of overcrowding. Staff is of the opinion that the requested variance is minor in nature. Input From Other Sources Engineering Services Date of report: February 4, 2019 Comments prepared by: Felix Chau Planner I FC:DW:jc J:tDocuments\Development\D-3700t2019PPCA 10-19\ReportlPCA 10-19 Report.doc Attachments • no comments on the application Deborah Wy ie, MCIP, RPP Principal Planner, Development Review Exhibit 1 3 2 \\x Nee side 0 J > 0 Crescent Foleyet Crescent Culross Avenue a) Meadow dge 0 O 0 0 Subject Lands 0.,vjay 401 • C> 4 Location Map File: P/CA 10/19 — PICKERING City Development Department Applicant: Dunbarton-Fairport United Church Property Description: Pt of Lot 25, Con 1, now Pts 1-6, 40R-8820 and Lots 45-51, 40M-1272 (1066 Dunbarton Road) Date: Jan. 24, 2019 tfTho Corporation of Mo City of Pfckenng Produced (lo pan) underlicense from. de Queens P.m, Onlarfa Mulkey of Natural Resources. esoues. AI rights reserved.; rlgMs reserved., (ler Majesty the the Queen In Right of Canada, Depadmeof Natural Ro BTeranel Cnlerprises Inc. end l(s euppEre all fights reserved.;0MoNcipat PropertyAsseesmont oorporatIon and Is super ere all rEo(O reserved.; SCALE. 1:5,000A(I THIS IS NOTAFLAN OF SURVEY.