HomeMy WebLinkAboutMarch 13, 2019city
PICKERING
Committee of Adjustment
Agenda
Meeting Number: 3
Date: Wednesday, March 13, 2019
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DICKERING
Agenda
Committee of Adjustment
Wednesday, March 13, 2019
7:00 pm
Council Chambers
(I) Disclosure of Interest
(II) Adoption of Agenda
(III) Adoption of Minutes from February 13, 2019
(IV) Reports
1. P/CA 11/19
P. Duffield
1825 Fairport Road
2. P/CA 12/19
M. Cummins
528 Laurier Crescent
3. P/CA 13/19
R. & C. Racioppo
660 Liverpool Road
4. P/CA 14/19
R. Bernie & A. Rose
226 Wilcroft Court
(V) Adjournment
Page Number
1-8
9-18
19-26
27-32
33-39
For information related to accessibility requirements please contact:
Samantha O'Brien
T. 905.420.4660, extension 2023
Email sobrien@pickering.ca
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DICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, February 13, 2019
7:02 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
Cody Morrison, Planner II, Observer
Absent
(1)
Adoption of Agenda
Moved by Eric Newton
Seconded by Denise Rundle
That the agenda for the Wednesday, February 13, 2019 meeting be adopted.
Carried Unanimously
(II) Adoption of Minutes
Moved by Eric Newton
Seconded by Tom Copeland
That the minutes of the 1st meeting of the Committee of Adjustment held Wednesday,
January 9, 2019 be adopted.
Carried Unanimously
Page 1 ' of 8
1
DICKERING
C4
Committee of Adjustment
Meeting Minutes
Wednesday, February 13, 2019
7:02 pm
Council Chambers
(111) Reports
1. P/CA 01/19
B.&N. Gray
708 Front Road
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.01
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions. Written comments were
received from the City's Engineering Services Department indicating no objection to the
proposal and that a grading plan be submitted with the building permit application, to
ensure no adverse impacts will occur on the neighbouring properties due to additional
roof drainage.
Ben 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, Ben Gray stated the application
was approved in previous years however it was not built due to lack of available funds.
Ben Gray also stated there is adequate amenity space in the side yard which is fenced
in, and the porch was existing at the time of purchase of the property in 2005.
Page 2 of 8
BICKERING
edy
Committee of Adjustment
Meeting Minutes
Wednesday, February 13, 2019
7:02 pm.
Council Chambers
Due to reviewing the staff report, that the height variance is quite minor, and that the
requested variances were previously approved by the Committee, Denise Rundle
moved the following motion:
Moved by Denise Rundle
Seconded by Eric Newton
That application P/CA 01/19 by B. & N. Gray, be Approved on the grounds that the
requested variances are minor in nature, desirable for the appropriate development of
the land and in keeping with the general intent and purpose of the Official Plan and the
Zoning By-law, subject to the following conditions:
1. That these variances apply only to the proposed addition and garage, as generally
sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3
contained in Committee of Adjustment Report dated February 13, 2019).
2. That the applicant obtain a building permit for the proposed construction by
February 12, 2021, or this decision shall become null and void.
Carried Unanimously
2. P/CA 05/19
Steele Valley Development Ltd.
1300 Kingston Road
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.
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.
Tracy Zhuag, 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, Tracy Zhuag stated that the
seasonal restrictions to only permit the outdoor display and sales (garden centre) use
between April 1
St and August 1St are acceptable.
Page 3 of 8
3
DICKERING
ti
Committee of Adjustment
Meeting Minutes
Wednesday, February 13, 2019
7:02 pm
Council Chambers
Moved by Tom Copeland
Seconded by Sean Wiley
That application P/CA 05/19 by Steele Valley Development 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 Pian and the Zoning By-law, 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
contained in Committee of Adjustment Report dated February 13, 2019).
2. That the operation of the outdoor display and sales (garden centre) shall only be
permitted from April 1st to,August 1st
3. That the outdoor display and sales (garden centre) use shall only be permitted
accessory to a food store located on the property.
Carried Unanimously
3. P/CA 07/19
J. Chin
1473 Highbush Trail
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.
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 from a resident of 1476 Highbush Trail were also
received in support of the application.
Janine Chin, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Page 4 of 8
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DICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, February 13, 2019
7:02 pm
Council Chambers
In response to questions from Committee Members, Janine Chin stated the structure is
glassed in and has walls and operating doors. The main purpose is to enclose a hot tub.
Janine Chin also stated it was built in 2018, and a contractor was used to construct it.
Due to reviewing the staff report, that grading and streetscape will screen the structure,
and that a letter of support was received from a neighbour, Sean Wiley moved the
following application:
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 07/19 by J. Chin, be Approved on the grounds that the
requested variances are minor in nature, desirable for the appropriate -development of
the land, and inkeeping 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 (gazebo), as generally
sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in
Committee of Adjustment Report dated February 13, 2019).
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.
Carried Unanimously
4. P/CA 08/19
M. Senviczki
901 Reytan Boulevard
• 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 1.5 metres.
The applicant requests approval of this variance in order to obtain a building permit to
reconstruct the vestibule.
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 application. -
Les Elo, agent, was present to represent the application. Margaret Drake of 899 Reytan
Boulevard, was present in objection to the application. No further representation was
present in favour of or in objection to the application.
Page 5 of 8
5
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DICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, February 13, 2019
7:02 pm
Council Chambers
Les Elo spoke to the application stating he would like to close up the carport for the
garage since it is the only entrance into the house. The vestibule would be a secondary
entrance into the house.
Margaret Drake spoke in opposition to the application stating that while she has no
objection to the proposed variances, her concerns are that appropriate slopes, eaves
troughs and downspouts are provided to ensure the proposed vestibule does not cause
water to drain onto her property. Margaret Drake also stated a vestibule did not exist
prior, however patio stone and mosquito netting were present.
In response to questions from Committee Members, Les Elo stated a grading plan will be
submitted and he will consult with Margaret Drake to ensure drainage concerns are met.
Due to reviewing the staff report and confident that the drainage concerns will be
addressed through the building permit application, Denise Rundle moved the following
motion:
Moved by Denise Rundle
Seconded by Eric Newton
That application P/CA 08/19 by M. Senviczki, 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 reconstruction of the vestibule, as
generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2
contained in Committee of Adjustment Report dated February 13, 2019).
2. That the applicant obtain a building permit for the proposed construction by
February 12, 2021, or this decision shall become null and void.
Carried Unanimously
P/CA 10/19
Dunbarton-Fairport United Church
1066 Dunbarton Road
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.
Page 6 of 8
city o�
DICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, February 13, 2019
7:02 pm
Council Chambers
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.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval. Written comments were also received from the
City's Engineering Services Department expressing no comments on the application.
Ken Collins, agent, 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, Ken Collins stated the daycare
currently has an enrollment of 55 and has been advised by the Ministry that enrollment
can be increased beyond the maximum of 60 children permitted by the Zoning By-law.
He indicated the daycare has a waitlist and wishes to expand enrollment based on
ministry guidelines to a maximum of approximately 75. Ken Collins also stated the
daycare and church do not operate at the same time and there is no anticipated
concerns regarding parking and traffic since the site allows for 150 parking spaces.
While concerned about removing a zoning provision placed by Council, but
understanding that parking concerns are not expected as the church and daycare uses
do not operate at the same time, and that the daycare will be required to satisfy the
provisions of the Child Care and Early Years Act 2014, Denise Rundle moved the
following:
Moved by Denise Rundle
Seconded by Tom Copeland
That application P/CA 10/19 by Dunbarton-Fairport United Church, be Approved on the
grounds that the 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.
Carried Unanimously
Page7of8
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PICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, February 13, 2019
7:02 pm
Council Chambers
Adjournment
Moved by Eric Newton
Seconded by Sean Wiley
That the 2nd meeting of the 2019 Committee of Adjustment be adjourned at 7:31 pm and the
next meeting of the Committee of Adjustment be held on Wednesday, March 13, 2019.
Carried Unanimously
Date
Chair
Assistant Secretary -Treasurer
Page 8 of 8
C}y oh
DICKERING
Report to 9
Committee of Adjustment
Application Number: P/CA 11/19
Date: March 13, 2019
From:. Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Subject: Committee of Adjustment Application P/CA 11/19
P. Duffield ,
1825 Fairport Road
Application •
The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum
north side yard width of 1.6 metres and a minimum south side yard width of 1.2 metres;
whereas the by-law requires a minimum side yard width of 1.8 metres, where a garage is
erected as part of a detached dwelling.
The applicant requests approval of this variance in order to obtain a building permit to
construct a two-storey 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 Exhibits 2, 3, 4, 5 & 6).
2. That the applicant obtain a building permit for the proposed construction by March 12, 2021,
or this decision shall become null and void.
Background
The applicant initially submitted their application to request relief from Zoning By-law 3036, as
amended, to permit a minimum side yard width of 1.2 metres on both sides; whereas the
by-law requires a minimum side yard width of 1.8 metres. Notice of Public Hearing for the
requested variance was mailed on February 27, 2019.
Through discussions with City staff, the applicant has agreed to revise their proposal to request
a minimum north side yard width of 1.6 metres and a south side yard width of 1.2 metres. As the
revised request is to allow for a lesser variance than was initially applied for, no new notice
was required to be sent out.
10Report P/CA 11/19
March 13, 2019
Page 2
Previous Approval
Minor Variance Application P/CA 45/69 was approved for the subject lands in 1969, to permit
the creation of a lot with a minimum lot frontage of 15.0 metres; whereas the by-law requires a
minimum lot frontage of 18.0 metres.
Comment
Appropriateness of the Application
Conforms to the Intent of the Official Plan
The Official Plan designates the majority of the subject property "Urban Residential Areas —
Low Density Areas" and a small portion of the rear of the property "Open Space System —
Natural Areas" within the Dunbarton Neighbourhood. Development on the property is subject
to the Dunbarton Neighbourhood Development Guidelines.
The Official Plan contains policies pertaining to protecting and enhancing the character of
established neighbourhoods by considering such matters as height, yard setbacks, lot
coverage, access to sunlight and the context of existing adjacent buildings. The Dunbarton
Neighbourhood Development Guidelines requires properties fronting Fairport Road, south of
the Dunbarton Creek (including the subject property) to maintain larger lot depths and building
setbacks. Specifically, minimum side yard widths shall be 1.5 metres,
The immediate area along Fairport Road contains an eclectic mix of newer development and
older detached dwellings. The lands to the north of the subject property, contain Tots with
generous lot depths and lot frontages of 15.0 metres or greater. Dwellings on those lots largely
maintain minimum side yard widths of 1.5 metres or greater, with the exception of two Tots
where variances were approved for side yard widths of 1.4 metres on one side.
Immediately south of the subject property, on the east side of Fairport Road, is a detached
dwelling fronting Fairport Road (1823 Fairport Road) and a residential common element
condominium development (known as 1815 Fairport Road), consisting of 31 detached
dwellings fronting onto a private road. 1823 Fairport Road was developed concurrently with the
condominium development and has a reduced front yard depth, increased lot coverage and side
yard widths of 1.5 metres on both sides. The northernmost dwelling within 1815 Fairport Road
(Unit 4) is located behind 1823 Fairport Road and also abuts the side yard of the subject
property. 1815 Fairport Road, Unit 4 has a side yard width of 1.25 metres.
The proposed south side yard width of 1.2 metres and north side yard width of 1.6 metres will
create a transition between the compact urban form of the development to the south, and the
more generous lot sizes and yard setbacks of the Tots fronting onto Fairport Road to the north.
The proposed dwelling will maintain a generous front yard depth of 31.2 metres, rear yard
depth of 71.3 metres, a lot coverage of 10.5 percent and a height of 9.2 metres at the front of
the dwelling.
Report P/CA 11/19 March 13, 2019 11
Page 3
The proposed variance will be in keeping with the character of the neighbourhood and with the
intent of the Dunbarton Neighbourhood Development Guidelines. 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 subject property is zoned "R3" — One Family Detached Dwelling Third Density Zone within
Zoning By-law 3036, as amended. The intent of a minimum side yard width requirement is to
provide an appropriate separation distance between structures on abutting properties in order
to ensure compatibility with the existing neighbourhood, provide appropriate pedestrian access
between dwellings, and to accommodate grading, drainage and residential services.
The applicant is requesting a variance to permit a minimum north side yard width of 1.6 metres
and a minimum south side yard width of 12 metres on a property with a lot frontage of
15.2 metres. The "R3" Zone requires a minimum side yard width of 1.8 metres on both sides,
and a lot frontage of 18 metres. Other zones in Zoning By-law 3036 which require minimum lot
frontages of 15 metres, require minimum side yard widths of 1.5 metres. A reduced north side
yard width of 1.6 metres is in keeping with comparable zone provisions in Zoning By-law 3036.
The proposed side .yard width of 1.2 metres is in keeping with the abutting properties to the
south. Both requested side yards will provide appropriate pedestrian access between dwellings
to accommodate grading, drainage and residential services.
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
With a building height of 8.0 metres and side yard width of 1.25 metres, the adjacent dwelling
to the south, 1815 Fairport Road, Unit 4, creates a substantial visual impact next to the existing
one -storey detached dwelling located on the subject property. The proposed dwelling will be
located partially adjacent to 1815 Fairport Road, Unit 4 and will mitigate the visual impact of
Unit 4 on the subject property.
The applicant has indicated that the proposed north side yard width of 1.6 metres is required to
accommodate a breezeway and vehicular access to the garage located at the rear of the
dwelling. A side yard depth of 1.6 metres will allow the garage to be located at the rear of the
dwelling, reducing the visual prominence of the garage on the streetscape.
Staff is of the opinion that the requested variance is desirable for the appropriate development
of the land.
Minor in Nature
The proposed south side yard width of 1.2 metres will abut the side yard of 1815 Fairport Road,
Unit 4, and a portion of the rear yard of 1823 Fairport Road. The lands to the south have a
compact urban form with substantially reduced yard setbacks. The proposed south side yard
width of 1.2 metres is not anticipated to have any significant impact on the lands to the south.
1 2Report P/CA 11/19
March 13, 2019
Page 4
The proposed north side yard width of 1.6 metres will abut the rear yard of 1827 Fairport Road.
The north facade of the proposed dwelling will be articulated in such a way that only a portion
of the dwelling will have a 1.6 metres side yard width. Approximately one-third of the north
facade is set back an additional 3.2 metres. This articulation will reduce the massing and visual
impact on the adjacent property to the north. The proposed north side yard width of 1.6 metres
is not anticipated to have any significant impact on the lands to the north.
Staff is of the opinion that the requested variance is desirable for the appropriate development
of the land.
Staff is of the opinion that the requested variance is minor in nature, desirable for the
appropriate development of the land and maintains the intent and purpose of the Official Plan
and Zoning By-law.
Input From Other Sources
Engineering Services
Date of report: March 7, 2019
Comments prepared by:
Rory McNeil
Planner I
RM:DW:jc
J:DocumentslDeveIopmen9D-3700\29191PCA 11-19tReportlPCA 11-19 Report
Attachments
• no comments on the application
Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Exhibit 1
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PICKERING
City Development
Department
Location Map
File: P/CA 11/19
Applicant: P. Duffield
Property Description: Lot 104, Plan 1051 RCP (1825 Fairport Road)
Date: Feb. 07, 2019
The Corporation of pre Cny of Picketing Produced pn part) under license from:0 Queens Punter, Onlano Ministry of Natural Resources.
All rights reserved.s Her Majesty the Queen In Right of Canada, Department of Natural Resaurces.AA rights reserved.;
Tenant Enterprises Inc. and its supppers alldghts reserved.: ®Muu deal Property Assessment Corporation and h supp1ers all tights reserved:
SCALE: 1:5,000
THIS IS SOT A PLAN OF SURVEY.
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Submitted Plan
cdy4
File No: P/CA 11/19
PICKERING
Applicant: P. Duffield
Property Description: Lot 104, Plan 1051 RCP
City Development
(1825 Fairport Road)
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 22, 2019
L:\Planning\Corel\Planning\Apps\PCA\2019
Exhibit 3
L:\Planning\Corel\Planning\Apps\PCA\2019
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Exhibit 4
RN. 2ND FLOOR
FIN. In FLOOR
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PICKERING
City Development
Department
East Elevation
File No: P/CA 11/19
Applicant: R Duffield
Property Description: Lot 104, Plan 1051 RCP (1825 Fairport Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 22, 2019
L:\Planning\Corel\Planning\Apps\PCA12019
Exhibit 5
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PICKERING
City Development
Department
North Elevation
File No: P/CA 11/19
Applicant: P. Duffield
Property Description: Lot 104, Plan 1051 RCP (1825 Fairport Road)
FULL. SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 22, 2019
L:\Planning\Co reI\Plann ing\Ap p s\PCA\2019
Exhibit 6
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044
PICKERING
City Development
Department
South Elevation
File No: P/CA 11/19
Applicant: P. Duffield
Property Description: Lot 104, Plan 1051 RCP (1825 Fairport Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 22, 2019
L:\Planning\Core{ \Planning \Apps\P CA\2019
DICKERING
c4
Report to 19
Committee of Adjustment
Application Number: P/CA 12/19
Date: March 13, 2019
From: Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Subject: Committee of Adjustment Application P/CA 12/19
M. Cummins
528 Laurier Crescent
Application
The applicant requests relief from Zoning By-law 3036, as amended by By-law 1289/81 to:
• permit a minimum rear yard depth of 4.6 metres, whereas the by-law requires a
minimum rear yard depth of 7.5 metres
• permit a total lot coverage of 8 percent for all accessory buildings, whereas the by-law
requires a total lot coverage of all accessory buildings shall not exceed 5 percent of the
lot area
• permit accessory buildings which are not part of the main building shall be erected in
the side and rear yards, whereas the by-law requires all accessory buildings which are
not part of the main building shall be erected in the rear yard
The applicant requests approval of these variances in order to obtain a building permit for a
proposed covered gazebo and walkway and to bring existing accessory structures (pool house
and shed) into conformity with the Zoning By-law.
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 covered gazebo, proposed walkway, and
existing accessory structures, as generally sited and outlined on the applicant's submitted
plans (refer to Exhibit 3, 4 & 5).
That the applicant obtain a building permit for the proposed construction by March 12, 2021,
or this decision shall become null and void.
2 0 Report P/CA 12/19
March 13, 2019
Page 2
Comment
Official Plan and Zoning By-law
Pickering Official Plan "Urban Residential Areas — Low Density Area" within the Amberlea
Neighbourhood
Zoning By-law 3036, as amended by By-law 1289/81 — "S1" - Single 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 Areas within the
City of Pickering's Official Plan. Detached dwellings are a permitted use within the designation
and one of the primary housing forms within the Amberlea Neighbourhood.
Staff is of the opinion that the requested variances to reduce the rear yard setback, increase
the total lot coverage by accessory structures and to recognize existing accessory structures in
the side yards meets the general intent and purpose of the Official Plan.
Conforms to the Intent of the Zoning By-law
The applicant is proposing to replace an existing deck with a covered walkway to a covered
gazebo. The proposed walkway and gazebo will result in a reduced rear yard setback and
increased accessory structure lot coverage. In addition, the applicant is bringing existing
accessory structures (pool house and shed) into conformity with the Zoning By-law.
The intent of the minimum rear yard setback requirement is to ensure that adequate amenity
space is maintained. The requested rear yard setback of 4.6 metres will not deplete the
amenity space for the subject property, as there is sufficient amenity area surrounding the
proposed gazebo and walkway. Staff is of the opinion that the variance meets the general
intent and purpose of the Zoning By-law.
The intent of the maximum accessory structure lot coverage requirement is to maintain an
appropriate amount of landscaped space uncovered by buildings on a lot. With a proposed lot
coverage of 8 percent for accessory structures and a total lot coverage of 27.7 percent for all
buildings and structures, the total lot coverage is below the maximum lot coverage permitted
for the entire lot. Staff is of the opinion that the variance meets the general intent and purpose
of the Zoning By-law
The intent of restricting accessory structures to the rear yard is to maintain an adequate side
yard setback and maintain the character of the neighbourhood. Since the accessory structures
in the side yards are existing and an adequate side yard setback is maintained, staff is of the
opinion that the variance meets the general intent and purpose of the Zoning By-law.
Report P/CA 12/19
March 13, 2019 21
Page 3
Desirable for the Appropriate Development of the Land
By constructing a covered walkway and gazebo, there will be no negative impacts on the
privacy of the neighbouring properties, nor will it result in deficient amenity space on the
subject lands. Staff is of the opinion that the proposed covered gazebo and,walkway extending
into the required rear yard setback is desirable for the appropriate development of the land.
Minor in Nature
The request to construct a covered gazebo and walkway that extends into the required rear
yard setback is not anticipated to have any significant impacts on the surrounding area, and
therefore is considered minor in nature. In addition, recognizing existing accessory structures
(pool house and shed) in the 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 variances to permit the construction of a covered
gazebo and walkway, and to recognize existing accessory structures (pool house and shed) in
the side yards, are 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 • The proposed changes will result in increase
in impervious area that will increase storm
runoff. As this may adversely impact the
-downstream storm system, the applicant will
be required to implement low impact
development (LID) measures to promote
evapotranspiration and/or infiltration.
Date of report: March 4, 2019
Comments prepared by:
Tanjot Bal
Planner I
TB:DW:jc
J:1Documents\Developmenl\D-3700120191PCA 12-191Repod'PCA 12-19 Repod.doc
Attachments
Deborah Wylie, ' CIP, RPP
Principal Planner, Development Review
Exhibit 1
iiiiiiiiiiiiiiui
Pineview Lane
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Broadoa'
Amberlea
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Sheppard Avenue
=1 11
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PICKERING
City Development
Department
Location Map
File: P/CA 12/19
Applicant: M. Cummins
Lightfoot Place
Property Description: Lot 111, Plan 40M-1242
(528 Laurier Crescent)
A The Corporaton of the City of Pickering Produced On pan) under license from: ® Queens Primer, Ontario Menstry of Natural Resources.
All rights reserved.,® Her Majesty the Queen In Right of Canada, Deparimenl of Natural Resources. A§ dghls reserved.;
Teranet EMerpdses Inc. and Rs supplkn all rights reserved.;, Mur(clpal Property Assessment Corporation and Is suppers all rights reserved.;
Rainy Day DrnvA
JlJI 1
Date: Feb. 22, 2019
SCALE: 1:5,000
THIS IS NOTA PLAN OF SURVEY.
23
Exhibit 2
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Existing Site Plan
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PICKERING •
City Development
Department
•,
File No: P/CA 12/19
Applicant: M. Cummins
Property Description: Lot 111, Plan 40M-1242 (528 Laurier Crescent)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING pATE: Feb. 22, 2019
CITY DEVELOPMENT DEPARTMENT.
24
Exhibit 3
29 63 .__ -
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To permit a minimum rear
yard depth of 4.6 metres.
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Proposed Site Plan
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File No: P/CA 12/19
PICKERING
Applicant: M. Cummins •
City Development
Property Description: Lot 111, Pian 40M-1242 (528 Laurier Crescent)
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 22 2019
25
Exhibit 4
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CliP 4
File No: P/CA 12/19
P IC KE RI NG
Applicant: M. Cummins
City Development
Property Description: Lot 111, Plan 40M-1242 (528 Laurier Crescent)
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 22, 2019
26
Exhibit 5
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oii 4
File No: P/CA 12/19
PICKERING
Applicant: M. Cummins
City Development
Property Description: Lot 111, Plan 40M-1242 (528 Laurier Crescent)
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 22, 2019
DICKERING
c4
Report to 27
Committee of Adjustment
Application Number: P/CA 13/19
Date: March 13, 2019
From: Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Subject: Committee of Adjustment Application P/CA ,13/19
R. & C. Racioppo
660 Liverpool 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 4.1 metres, whereas the by-law requires 7.5 metres
a minimum flankage yard width of 4.5 metres where the main front entrance is facing
the flankage yard, whereas the by-law requires 7.5 metres
The applicant requests approval of these variances in order to obtain a building permit to
construct a new two-storey 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 dwelling, 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 March 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
Ridges Neighbourhood.
Zoning By-law 2511, as amended by By-law 7610/18 — "R4" — One -Family Detached Dwelling
Fourth Density Zone
28Report P/CA 13/19
March 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 requested variance is intended to facilitate the construction of a two-storey
detached dwelling.
The subject lands are further identified as being within the Liverpool Road Corridor in the
Waterfront Node of the Bay Ridges Neighbourhood. Official Plan policies restrict permissible
uses in the Liverpool Road Corridor to retailing of goods and services, restaurants, offices, and
community, cultural and recreational uses, to serve the tourist, recreation, boating and other
community needs, as well as residential uses.
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 zoning by-law requirement for a minimum rear yard depth of 7.5 metres is to
ensure that a useable amenity space is provided in the rear yard.
As determined by thezoning by-law provisions, the rear yard of this property is the yard
abutting the westerly lot line, despite having the main wall and access to the dwelling front onto
Annland Street. For corner lots, the zoning by-law requires the shortest lot line abutting a road
is to be the front lot line (easterly lot line) and the lot line opposite (westerly lot line) is the rear
lot line. The lot line abutting Annland Street is the flankage lot line.
The applicant proposed a rear yard setback of 4.1 metres to accommodate an attached
garage. Only 6.7 metres of the 13.3 metre length of the dwelling is set back 4.1 metres from
the rear property line. The remaining 6.6 metres of the dwelling is set back at least 7.6 metres
from the rear property line. As a result, sufficient useable amenity space is maintained in the
rear yard of the property.
The intent of the zoning by-law requirement for a flankage side yard of 7.5 metres where the
main front entrance is facing the flankage yard is to provide an adequate separation distance
between buildings and street activity, and to provide an adequate landscaped area and parking
space at the front of the dwelling.
For this lot the flankage yard width of 4.5 metres allows the front face of the dwelling to be
consistent with dwellings west of the property. Adequate separation between buildings and
street activity will be provided, as well as space for landscaping and parking at the front of the
dwelling.
Staff is of the opinion that the requested variances meet the general intent and purpose of the
Zoning By-law.
Report P/CA 13/19 March 13, 2019 29
Page 3
Desirable for the Appriopriate Development of the Land
The proposed dwelling is consistent with the existing Official Plan designation and zoning. The
residential nature of the immediate surrounding area suggests that maintaining a residential
use at the subject property is desirable and the appropriate development of this land. '
Staff is of the opinion that the requested variance is desirable for the appropriate development
of the land.
Minor in Nature
The proposed dwelling is adequately buffered from neighbouring structures. There is a
4.2 metre separation maintained from the rear of the subject dwelling and the neighbouring
dwelling to the west. Additionally, a 4.5 metre flankage yard setback is consistent with the front
yard setback of the neighbouring properties to maintain a consistent facade.
Staff is of the opinion that the requested variances are minor in nature.
Input From Other Sources
Engineering Services
Residents of 640 Liverpool Road • in support of the application
• no comments on the application
Date of report: March 6, 2019
Comments prepared by:
elix Chau
Planner I
FC:DW:jc
J:lDocuments\Cevelopment\D3700120191PCA 13-19lRepcA\PCA 13-19 RepoA.dac
Attachments
Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Exhibit 1
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Location Map
File: P/CA 13/19
PICKERING
City Development
Department
Applicant: R. & C. Racioppo
Property Description: Part of Lot 14, Block D, Plan 65 E
(660 Liverpool Road) .
Date: Feb. 11, 2019
bille Corporation of the Cdyo Pickering Produced<In part) under license from ®Queens Printer, OMano Mnrsuy of Natural Resources.
All rights reserved.p Her Majesty the Queen In Right of Canada, Department of Natural Resources. All rights reserved.;
D Teranet Enterprises Inc. and Its suppfere all rights reserved.;® Municipal Property Assessment Corporation and is suppters all rights reserved.;
SCALE. 1.5,000
THIS IS NOT A PLAN OF SURVEY.
31
Exhibit 2
To permit a rear yard
depth of 4.1 metres.
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Submitted Plan
Cr4 61
File No: P/CA 13/19
PICKERING
Applicant: R. & C. Racioppo
City Development
Property Description: Part of Lot 14, Block D, Plan 65 E
• Department
(660 Liverpool Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 22, 2019
Exhibit 3 w
TOP OF OFFICE PLATE
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FINISHED SECOND FLOOR
'FINISHED GROUND FLOOR
GRADE
Cts 61
PICKERING
City Development
Department
Submitted Elevation (View from Annland Street)
File No: P/CA 13/19
Applicant: R. & C. Racioppo
Property Description: Part of Lot 14, Block D, Plan 65 E
(660 Liverpool Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 22, 2019
L:\Planning\Co rel\Pla n ni ng\Apps\P CA\2019
DICKERING
ty
Report to 33
Committee of Adjustment
Application Number: P/CA 14/19
Date: March 13, 2019
From: Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Subject: Committee of Adjustment Application P/CA 14/19
R. Bernie & A. Rose
226 Wilcroft Court
Application
The applicant requests relief from Zoning By-law 3036, as amended by By-law 2964/88 to
permit:
• an uncovered deck not exceeding 2.5 metres in height and not projecting more than
4.1 metres into the required rear yard, whereas the by-law requires uncovered steps
and platforms not exceeding 1.0 metres in height may project a maximum of 1.5 metres
into the required rear yard
• an existing shed greater than 10 square metres in area to be set back a minimum of
0.1 of a metre from all lot lines
The applicant requests approval of these variances in order to obtain a building permit for a
proposed uncovered deck and recognize an existing shed.
Recommendation
The City Development Department considers the 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 uncovered deck and existing shed, 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 March 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 Highbush
Neighbourhood
Zoning By-law 2964/88, as amended by By-law 3036 — "S4"
34Report P/CA 14/19 March 13, 2019
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 primarily on large lots within the Highbush Neighbourhood.
Staff is of the opinion that the requested variances to permit a deck not exceeding 2.5 metres
in height which projects not more than 4.1 metres into the required rear yard, and to recognize
an existing shed with a setback of 0.1 of a metre from all lot lines meets the general intent and
purpose of the Official Plan.
Conforms to the Intent of the Zoning By-law
The applicant is proposing to replace an existing deck that has steps along the rear of the
house that are very steep. By reconstructing the deck, the applicant is able to increase the size
of the deck and provide steps in a safer and more suitable location.
The intent of the maximum uncovered steps and platform height of 1.0 metre is to protect the
privacy of abutting properties. The neighbouring property to the south has an existing deck
greater than 1.0 metre in height. In addition, the existing deck on the property is greater than
1.0 metre in height. As there is significant slope in the rear yard from the back wall of the
house to the rear lot line, a greater height is required to provide access from the deck to the
rear door. Staff is of the opinion that the variance meets the general intent and purpose of the
Zoning By-law.
The intent of the minimum rear yard setback requirement is to ensure that adequate amenity
space is maintained. The requested rear yard setback of 4.1 metres will not deplete the
amenity space for the subject property, as there is sufficient amenity area north of the
proposed deck. Staff is of the opinion that the variance meets the general intent and purpose
of the Zoning By-law.
The applicant has an existing shed constructed a minimum of 0.1 of a metre from the rear and
side lot lines. The intent of setbacks from lot lines is to ensure that adequate space is available
for maintenance, to ensure that the eaves/overhangs do not encroach on the adjacent
properties, ensure roof drainage stays on the subject property and to minimize the visual
impact that their location may have on adjacent properties. There is an adequate space for
maintenance of the shed and the roof does not encroach the adjacent properties. In addition,
the roof drainage stays on the subject property. The neighbouring property to the south also
has constructed a shed less than a metre from the required side yard, therefore the location of
this shed does not impact the adjacent landowner. Staff is of the opinion that the variance
meets the general intent and purpose of the Zoning By-law.
Desirable for the Appriopriate Development of the Land
The existing deck that is proposed to be replaced has a height greater than 1.0 metre and
projects more than 1.5 metres into the required rear yard. Neighbouring properties appear to
also have constructed decks greater than 1.0 metre in height due to the increased slope from
the back wall of the house to the rear lot line.
Report P/CA 14/19 March 13, 2019 35
Page 3
Staff is of the opinion thatthe requested variances to permit a deck not exceeding 2.5 metres
in height which projects not more than 4.1 metres into the required rear yard, and to recognize
an existing shed with a setback of 0A of a metre from all lot lines is desirable for the
appropriate development of the land.
Minor in Nature
The request to reconstruct an uncovered deck that extends into the required rear yard setback
and is greater than 1.0 metre in height, is not anticipated to have any significant impacts on the
surrounding area and therefore, is considered minor in nature. In addition, recognizing existing
accessory structures constructed less than a metre from the lot lines 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 to permit the reconstruction of a deck, and
recognize an existing shed constructed a minimum of 0.1 of a metre from the lot lines, 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: March 4, 2019
Comments prepared by:
Tanjot Bal
Planner I
TB:DW:jc
J:1DocumentslDevelopmentlD-3700120191PCA 14-19\ReportJ CA 14-19 Reportdoe
Attachments
• it appears that the proposed deck will
require tree removals and as such,
compensation planting or cash -in -lieu
might be required
Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Exhibit 1
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PICKERING
City Development
Department
Location Map
File: P/CA 14/19
Applicant: R. Bernie & A. Rose
Sheppard Avenue
I I
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Property Description: Lot 119, Plan 40M-1630 (226 Wilcroft Court)
SI The Corporation of the City of Plckedng Produced (in pad) under license from: di Queens Pnnter, Ontario Ministry of Natural Resources.
All rights reserved.;® Her Majesty the Queen In Right of Canada, Dep aliment of Natural Resources. Al dghts reserved.; •
*Teranet Enlerydses Inc. and its suppliers all rights reserved.; ® Munidpal Properly Assessment Corporation and Its supphen all rights reserved.;
Date: Feb. 14, 2019
SCALE: 1:5,000
THIS IS NOT APLAN OF SURVEY,
Exhibit 2
To permit an existing
shed greater than 10
square metres in area
to be set back a
minimum of 0.1 of a
metre from all lot lines.
29 -1.10 J7 N b -1c1
oat
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To permit an
uncovered deck not
exceeding.2.5 metres
in height and not
projecting more than
4.1 metres into the
required rear yard.
Cctf4
PICKERING
City Development
Department
Site Plan
File No: P/CA 14/19
Applicant: R. Bernie & A. Rose
Property Description: Lot 119, Plan 40M-1630
(226 Wilcroft Court)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 26, 2019
L:\Planning\Corel\Pla n ni ng\Apps\PCA\2019
Exhibit 3w
co
PICKERING
City Development
Department
Height of Deck
File No: P/CA 14/19
Applicant: R. Bernie & A. Rose
Property Description: Lot 119, Plan 40M-1630
(226 Wilcroft Court)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 26, 2019
L:\Planning\Co reI\Planning \Apps\PCA\2019
Exhibit 4
DESt N #2
Door at 106' A.G
Top of Sill
Deck Outline
House Outline
Rail Outline
Deck at 106" A.G
Shed
9
ti
O4 4
PICKERING
City Development
Department
Proposed Deck
File No: P/CA 14/19
Applicant: R. Bernie & A. Rose
Property Description: Lot 119, Plan 40M-1630
(226 Wilcroft Court)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Feb. 26, 2019
L:\Planning\Corel\Plan ning\Apps\PCA\2019