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HomeMy WebLinkAboutJuly 10, 2019DICKERING Committee of Adjustment Agenda Meeting Number: 7 Date: Wednesday, July 10, 2019 pickering.ca Cly 4 DICKERING Agenda Committee of Adjustment Wednesday, July 10, 2019 7:00 pm Council Chambers 1. Disclosure of Interest 2. Adoption of Agenda 3. Adoption of Minutes from June 12, 2019 4. Reports 4.1 4.2 4.3 P/CA 36/19 R. Gellel & R. Lennox 12-361 Chickadee Court P/CA 37/19 H. Antoniadis & E. Ntinos 1558 Rawlings Drive P/CA 40/19 M. Alexander 688 Layton Court 5. Adjournment Page Number 1-14 15-20 21-24 25-32 For information related to accessibility requirements please contact: Samantha O'Brien T. 905.420.4660, extension 2023 Email sobrien@pickering.ca Cty o/ DICKERING Committee of Adjustment Meeting Minutes Wednesday, June 12, 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 Samantha O'Brien, Assistant Secretary -Treasurer Absent 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Tom Copeland Seconded by Eric Newton That the agenda for the Wednesday, June 12, 2019 meeting be adopted. Carried Unanimously Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, May 8, 2019 be adopted. Carried Unanimously Page 1 of 14 1 2 Cts a� PICKERING Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 4. Reports 4.1 P/CA 26/19 & P/CA 27/19 W. & P. Sozanski 1893 Appleview Road P/CA 26/19 (Proposed Retained Parcel) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 157 metres; whereas the by-law requires a minimum lot frontage of 18.0 metres. P/CA 27/19 (Proposed Severed Parcel) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage. of 15.7 -metres; whereas the by-law requires a minimum lot frontage of 18.0 metres. The applicant requests approval of these minor variance applications in order to facilitate the creation of one additional lot through the Region of Durham Land Division Committee (File Number LD 056/19). New Detached dwellings are proposed for both severed and retained parcels. 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. Written comments were also received from two area residents opposed to the variance and severance of the property. The various concerns raised outlined opposition to the cul-de-sac and its proximity to existing houses; loss of green space and vegetation; vehicular parking, traffic and safety; zoning issues; snow clearing and storage; as well as drainage and storm servicing. Maurizio Rogato, agent, was present to represent the application. Albert Snyder of Appleview Road was present in objection to the application. Larry Debono of Heathsisde Crescent was present in objection to the application. No further representation was present in favour of or in objection to the application. Maurizio Rogato spoke in support of the application,. stating the applicant is in support of City staffs recommendation and that the Land Division application was conditionally approved on April 10, 2019. Page 2of14 C4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers Albert Snyder spoke to the application, stating his concern for the construction of a cul-de-sac and 8 foot difference in grade at the house which would cause the need for a retaining wall at the property line. Larry Debono spoke to the application, indicating his concerns with the cul-de-sac, vehicular speeding, height of the house due to grade, retaining wall installation, reduced value of the neighbourhood, as well as light and noise pollution. In response to the concerns raised by area residents, Maurizio Rogato stated the list of conditions for severance included no adverse impact on abutting lands, which would include a proper lot grading and drainage plan. He went on to indicate the cul-de-sac was designed in coordination with the City's Engineering Services Department, a civil engineer has reviewed the height, and there is no intention for light pollution which will also beevaluated during grading. Maurizio Rogato discussed the applicant's willingness to meet and work with area residents on having their concerns addressed. In response to. questions from Committee Members, Maurizio Rogato stated the cul-de-sac is not necessary, however the City's Engineering Services Department has made it a condition for severance to improve maintenance and waste collection. When asked about the impact on the parkette and greenspace, Maurizio Rogato stated the City's footpath will remain, with minimum impact to City lands. He advised the cedar trees are on private property where conditions of severance include tree compensation. In response to questions from Committee Members, the Secretary -Treasurer advised the City is satisfied with the half -bulb design turning circle and there are no future plans to complete a full circular design at this time. Given that the concerns from residents have been heard and are more adequately addressed at the Land Division Committee, the as of right lot is oversized and a change to the frontage is in character with the neighbourhood, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sean Wiley That applications P/CA 26/19 and P/CA27/19 by W. & P. Sozanski, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1. That the applicant obtain a final clearance for Land Division Application LD 056/19 by July 1, 2020, or this decision shall become null and void. Carried Unanimously Page 3 of 14 3 4 DICKERING 6-4,1 Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm. Council Chambers 4.2 P/CA 28/19 G. & R. Demian 1528 Major Oaks Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85 to permit an uncovered deck not exceeding 2.9 metres in height above grade and not projecting more than. 3.2 metres into the required rear yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres into any required front or rear yard and not more than 0.5 of a metre in any required side yard. The applicant requests approval of this variance in order to obtaina building permit for an uncovered deck. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written. comment's were also received from the City's. Engineering Services Department expressing no comments on the application. Reda Demian, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Given that the application conforms to the overall character of the neighbourhood, the home has two rear entrances, the existing slope of the .yard, and, the application meets the four tests of the Planning Act, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application P/CA 28/19 by G. & R. Demian, 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 uncovered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant obtain a building permit for the proposed construction by June 11, 2021, or this decision shall become null and void. Carried Unanimously Page 4 of 14 Cid 6/ DICKERING Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 4.3 P/CA 29/19 S. Zielinski & C. McPhee 209 Gwendolyn Street The applicant requests relief from Zoning By-law 3036, as amended by By-law 1700/83 to permit an accessory structure (pool cabana) 2.8 metres in height to be set back 0.6 metres from the westerly side lot line and 0.6 metres from the rear lot line, whereas the by-law requires 1.0 metre from all lot lines. The applicant requests approval of this variance in order to obtain a building permit to construct an accessory structure (pool cabana). The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending .approval subject to conditions. Written comments were receivedfrom the City's Engineering Services Department expressing no comments on the application. Written comments were also received from residents of Gwendolyn Street and Rouge Valley Drive in support of the application. Paul guest, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Given that support was provided by neighbours and there were no comments from the Engineering Services Department, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 29/19 by S. Zielinski & C. McPhee, be Approved on the grounds that the variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1., That these variances apply only to the accessory structure (pool cabana), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant obtain a building permit for the proposed construction by June 11, 2021, or this decision shall become null and void. Carried Unanimously Page 5of14 5 6 rte DICKERING Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 4.4 P/CA 30/19 M. Thompson & E. Clements 531 Carmello Court The applicant requests relief from Zoning By-law 2511, as amended by By-law 4354/73 to permit: • a covered deck not exceeding 3.5 metres in height above grade and not projecting more than 2.7 metres into the required rear yard, whereas the by-law requires uncovered steps and platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required front yard, not 1.0 metre into any required side yard; and O a maximum lot coverage of 34 percent, whereas the by-law requires a maximum building coverage of 33 percent. The applicant requests approval of these variances in order to obtain a building permit for a covered deck. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Erin Clements, 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, the Secretary -Treasurer indicated that the requested variance as described in the report and exhibits to be correct. Moved by Eric Newton Seconded by Sean Wiley That application P/CA 30/19 by M. Thompson & E. Clements, be Approved on the grounds that 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 covered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant obtain a building permit for the proposed construction by June 11., 2021, or this decision shall become null and void. Carried Unanimously Page 6 of 14 Cdy PJCKERTNG 7 Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 4.5 P/CA 31/19 Seaton TFPM Inc. 1705 Whitevale Road The applicant requests relief from Zoning By-law. 3037, as amended by By-law 6577/05 to permit a temporary sales facility, whereas the by-law does not permit a temporary sales facility within an agricultural zone. The applicant requests approval of this variance in order to permit a temporary sales facility on the subject lands for a maximum of 10 years. 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, 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, Thomas Kastelic advised that the 10 -year plan for the property is to eventually take down the temporary structure and submit development applications for a mixed -corridor block development. Moved by Sean Wiley Seconded by Tom Copeland That application P/CA 31/19 by Seaton TFPM Inc., be Approved on the grounds that the temporary sales facility is minor in nature, desirable for the appropriate development of the land, and is 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 temporary sales facility, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain Site Plan Approval for the proposed temporary sales facility by June 11, 2021, or this decision shall become null and void. 3. That the temporary sales facility be setback a minimum of 15.0 metres from Brock Road and a minimum of 15.0 metres from Whitevale Road. 4. That the decision of the Committee shall be null and void after June 12, 2029. Carried Unanimously Page 7 of 14 8 C4 oa DICKERING Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 4.6 P/CA 32/19 C. Serroul 1427 Rougemount Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912/88 to permit a minimum side yard of 1.5 metres, whereas the by-law requires one side yard a minimum of 1.5 metres and the other side yard a minimum of 2.4 metres. The applicant requests approval of this variance in order to obtain a building permit for a two-storey detached dwelling. 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 concerns with the application. Muhammad Khan, 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, Muhammad Khan stated the steps are inset into the porch and will not encroach into the front yard. Given that the requested side yards are desirable, and the scale of the proposed construction is compatible with the neighbourhood, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 32/19 by T. Serroul, be Approved on the grounds that 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, subject to the following conditions: 1. That this variance apply. only to the proposed construction, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant obtain a building permit for the proposed construction by June 11, 2021, or this decision shall become null and void. Carried Unanimously Page 8 of 14 C4( PJCKERJN 9 Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 4.7 P/CA 33/19 Steele Valley Developments Ltd. 1300 Kingston Road The applicant requests relief from Zoning By-law 7553/17, as amended, to permit a 306 square metre outdoor display and sales use (garden centre) accessory to a food store, whereas a previous decision by the Committee of Adjustment permitted a 167 square metre outdoor display and sales use (garden centre) accessory to a food store, subject to conditions. The applicant requests approval of this variance in order to permit an outdoor seasonal garden centre accessory to a food store to be located in the food store's parking lot. 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 in opposition of the application from a resident. The various concerns addressed size; safety; traffic; lack of parking; location; and obstruction of accessible parking spaces. The resident requested unobstructed accessible parking, and the garden centre be relocated next to the building by the sidewalk, as originally approved by the Committee. Melissa Lin, 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, Melissa Lin stated the applicant would only take 1 to 2 days to make the necessary changes to the property as outlined in the conditions. Given the applicant's response to the conditions set out by the Committee and hearing staff's recommendation from the Report, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Denise Rundle That application P/CA 33/19 by Steele Valley Developments Ltd., be Approved oh 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 outdoor display and sales (garden centre) use, as generally sited and outlined on the applicant's submitted plans. Page 9 of 14 10 city DICKERING Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 2. That the outdoor display and sales (garden centre) use shall only be permitted accessory to a food store located on the property. 3. That the outdoor display and sales (garden centre) use shall not encumber the first row of parking spaces closest to the food store building, including any accessible parking space, and the last row of parking spaces closest to Kingston Road (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 4. That the applicant comply with Condition 3. within 7 days (June 19, 2019), or this decision shall become null and void. 5. That only one outdoor display and sales (garden centre) use shall be permitted on the property. 6. That the operation of the outdoor display and sales (garden centre) shall only be permitted from April 1 to August 1. Carried Unanimously 4.8 P/CA 34/19 .S. Batonga 1240 Maple Ridge Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 1104/80 to permit an uncovered deck not exceeding 2.6 metres in height above grade and not projecting more than 1.5 metres into the required rear yard and not more than 0.5 of a metre in any required side yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required rear yard and not more than 0.5 of a metre in any required side yard. The applicant requests approval of this variance in order to obtain a building permit for an uncovered deck. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Sean Loucks, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In support of the application, Sean Loucks advised that the construction of the new deck will be a replica of the existing deck with no change in size. Page 10 of 14 C4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers In response to a question from a Committee Member, the Secretary -Treasurer advised that the dwelling has a greater rear yard setback than required and the deck does not encroach into the rear yard. Moved by Sean Wiley Seconded by Eric Newton That application P/CA 34/19 by S. Batonga, 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 uncovered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the applicant obtain a building permit for the proposed construction by June 11, 2021, or this decision shall become null and void. Carried Unanimously 4.9 P/CA 35/19 R. & M. Fernandez 1102 Petunia Place The applicant requests relief from Zoning By-law 3036, as amended by By-law 1701/83 to permit: a covered platform projecting 2.6 metres into the required rear yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade to project not more than 1.5 metres into any required rear yard ® an accessory building (chimney) to be 4.2 metres in height, whereas the by-law requires no accessory buildings to exceed a height of 3.5 metres in any residential zone. The applicant requests approval of these variances in order to obtain a building permit to construct a covered platform. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were, also received from the City's Engineering Services Department expressing no comments on the application. Page 11 of 14 12 GGq,/ P1CKERJN Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers Ricardo Fernandez, applicant, was present to represent the application. Bruce Laidley of Gwendolyn Street was present to seek further clarification on the application. No further representation was present in favour of or in objection to the application. Bruce Laidley spoke to the application to receive clarification on the use of the chimney structure, requesting it not be used as a wood burning stove that could negatively impact adjacent properties. In response to questions from Committee Members, Ricardo Fernandez stated the intent of the structure is for family barbeques on a charcoal grill. He described the structure's height to be measured to the top of the flue of the chimney. Ricardo Fernandez also indicated that there are no future plans to enclose the sides of the structure as an indoor living space. In response to a question from a Committee Member, the Secretary -Treasurer advised that the height of the covered platform complies with the zoning by-law and the variance is required to permit the chimney as its height is measured to the top of the flue. Given that the Report and proposal has been given serious consideration, there are some concerns with the freestanding chimney due to the size and scale, the proposal could be amended to comply with the bylaws, the proposal is not in character with the neighbourhood and the proposal is an overdevelopment of the property, Denise Rundle moved the following motion: Moved by Denise Rundle Motion not seconded That application P/CA 35/19 by R. & M. Fernandez, be Refused on the grounds that the proposed variances are not considered to be minor in nature, desirable for the appropriate.development ofthe land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. Motion Lost Notwithstanding some reservations on the approach taken by this application, Sean Wiley moved the following motion subject to conditions: Moved by Sean Wiley Seconded by Tom Cop,eland That application P/CA 35/19 by R. & M. Fernandez, be Approved on the grounds that the proposed variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: Page 12 of 14 DICKERING C4 Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers 1. That these variances apply only to the covered platform and chimney structure, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the Committee of Adjustment Report dated June 12, 2019). 2. That the chimney structure be used only for the grilling of food and not wood burning. 3. That the applicant obtain a building permit for the proposed construction including the chimney structure by June 11, 2021, or this decision shall become null and void. Carried Vote Tom Copeland. in favour David Johnson in favour Eric Newton in favour Denise Rundle opposed Sean Wiley in favour Page 13 of 14 13 14 CGS DICKERING Committee of Adjustment Meeting Minutes Wednesday, June 12, 2019 7:00 pm Council Chambers Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 6th meeting of the 2019 Committee of Adjustment be adjourned at 8:29 pm and the next meeting of the Committee of Adjustment be held on Wednesday, July 10, 2019. Date Chair Assistant Secretary -Treasurer Carried Unanimously Page 14 of 14 aty �h P1CKERJNG 15 Report to Committee of Adjustment Application Number: P/CA 36/19 Date: July 10, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 36/19 R. Gellel & R. Lennox 12-361 Chickadee Court Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4645/95 to permit an uncovered deck not exceeding 3.3 metres in height above grade and not projecting more than 2.4 metres into the required rear yard, whereas the by-law requires uncovered steps, or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required front or rear yard and not more than 0.5 of a metre into any required side yard. The applicant requests approval of this variance in order to obtain a building permit for an uncovered deck. 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 uncovered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2, 3 & 4). 2. That the applicant obtain a building permit for the proposed construction by July 9, 2021, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan "Urban Residential Areas — Medium Density Areas" within the Highbush Neighbourhood Zoning By-law 3036, as amended by By-law 4645/95 — "RMM" 1 6 Report P/CA 36/19 July 10, 2019 Page 2 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. Townhouses are a permitted use within the designation and built form in the Highbush Neighbourhood. Conforms to the Intent of the Zoning By-law The intent of provision 5.7(b), restricting the height of decks to 1.0 metre above grade and the rear yard projection to 1.5 metres, is in place to protect the privacy of abutting properties and maintain sufficient amenity space. The applicant is proposing to construct an uncovered deck that connects to the rear second storey entrance on the townhouse which is 3.3 metres in height and projects 2.4 metres into the required rear yard. The neighbouring properties to the north have existing decks greater than 1.0 metre in height to connect to the rear second storey entrance. In addition, the proposed deck will not reduce the amenity space as it will be constructed on the second storey. Desirable for the Appriopriate Development of the Land The proposed deck is 2.4 metres in length and the required rear yard for the zone is 7:5 metres. A minimum rear yard setback of 5.1 metres from the edge of the proposed deck to the rear lot line would be maintained. Minor in Nature The request to construct an uncovered deck that is greater than 1.0 metre in height and projects more thanl .5 metres into the required rear yard, is not anticipated to have any significant impact on the surrounding area and therefore, is considered minor in nature. Conclusion Staff is of the opinion that the requested variance to permit the -construction of a deck is desirable for the appropriate development of land, maintains the intent and purpose of the Official Plan and Zoning By-law, and is minor in nature. Input From Other Sources Engineering Services Date of report: July 3, 2019 Comments prepared by: ori Tanjot Bal Planner I TB:nwb no comments on the application Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:\Documents\Development\D-37D0\20191PCA 36-19 R. Gellel & R. Lennox \ Report \PCA 36-19 Report.doc Attachments Exhibit 1 mom MEM Shadow Place 1 Hydro Corridor 41 NNE 10. I&t `QiyGO da Menus 1 Finch Avenue IIPV* glik Hydro Corridor mettailelf .011 ChicK' 0 U U 0, 111 Subject Lands 4 Location Map File: P/CA 36/19 PICKERING City Development Department Applicant: R. Gellel & R. Lennox Property Description: Blk 18, Plan 40M-1827 now Part 12, 13 & 26, Plan 40R-27385 (Unit 12, 361 Chickadee Court) Date: Jun. 19, 2019 the Corporaton of the Lily of Ihcaenng Produced (In part) under 'Sense from. 0 Queens Winder, DMarb Mhthery of Natural Resources Ali rphts resemd.;0 Her Majesty the Queen In Right of Canada, Department of Natural Resources All rights reserved; Q Teranet Enter/plena Inc and as suppliant al dghls reserved: 0 tdunblpal Property Aaevmeat Corpora Pon a nd es suppliers a[ rights reserve d.; SCALE: 1:4,�0� This 0 NOTA PLAN OF SNINEY. 7 Exhibit 2 co . • a:,focr :1a tot coat K• .Ly: wn = rat ).4.11 rjo-,���vxP401 lap LY.f."au Nit Os.A t.c* gjKtti ••• ,187. cr.r`r-ca • -"Ta-K ATr 'T -" ca 4 . ! i •�': •ca: • rro P-.2 i• Tor i e++Y 12Taa Xs= 111 :t I;;v1 LIR u kb. ma."tory i=ces;_. roP=us w . •.` NrMT"' -r a. auas- I-�,.�• '[i rlstit:� ccu- f dLGsot7 W W.. r - 1tit%3 EOM tilt 7S al PH6. tZL4.fi.;rrlf,:. k acu In Lc RN0441 Nf'G YL'MOtiell, nom • city T.u. FART n • M ▪ 354 MI• t . 'Strip I21' fre, tcw G 3' 12019 1/a..rsf .. 0%1T= ro0* Ay..c-w4 Qtrany O 10 PAilf ID • S 9 GE P.1:C 1/a IMO c/rt T� 1x Inf. wvtt..fiat PART C4 o PICKERING City Development Department Reference Plan File No: P/CA 36/19 Applicant: R. Gellel & R. Lennox Property Description: Blk 18, Plan 40M-1827 now Part.12, 13 & 26, Plan 40R-27385 (Unit 12, 361 Chickadee Court) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 12, 2019 L:\Planning\Corel\Plan ni ng\Ap ps\P CA\2019 Exhibit 3 L:\Planning\Corel\Planning\Apps\P CA \2019 CO 40 USEw -v1 Cs 02NEL-- AL -14 - ll f t574 ; ci-4U4 L.J6414. guc� 4 , `/ • at. 8K 4.4- AA fryer Ce- .046 livuLz_fr 8 To permit an uncovered deck not exceeding 3.3 metres in height above ground and not projecting more than 2.4 metres into the required rear yard. 7L'1 - P\ -riroms-r Azo • 0-0-11-4 1-0u4 ( C�t-rai,i Prr;,Q.e iJ p A11— voyi Ast 5N . Proposed Deck - 6.4 4 File No: P/CA 36/19 PICKERING Applicant: R. Gellel & R. Lennox Property Description: Blk 18, Plan 40M-1827 now Part 12, 13 & 26, Plan 40R-27385 City Development (Unit 12, 361 Chickadee Court) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 12, 2019 L:\Planning\Corel\Planning\Apps\P CA \2019 CO Exhibit 4N) L:\Planning\Core!\Plann ing W pps\PCA\2019 To permit an uncovered deck not exceeding 3.3 metres �`�"` tQ 5 k'. V%i`,.( - in height above ground and not projecting more than 2A metres into the required rear yard. t 7 ) ('LAss%,,� e ,� �m`�L-- PRIV`f �� =mss ©-3 Ogg mai xr DQE'. 496 r 7 aim Side View of Proposed Deck 4 File No: P/CA 36/19 P I C KE RI N G Applicant: R. Geller& R. Lennox Property Description: Blk 18, Plan 40M-1827 now. Part 12, 13 & 26, Plan 40R-27385 City Development (Unit 12, 361 Chickadee Court) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 12, 2019 L:\Planning\Core!\Plann ing W pps\PCA\2019 C4 60i DICKERING 21 Report to Committee of Adjustment Application Number: P/CA 37/19 Date: July 10, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 37/19 H. Antoniadis & E. Ntinos 1558 Rawlings Drive Application •The applicant requests relief from Zoning By-law 3036, as amended by By-law 1493/82 to permit a rear yard depth of 6.0 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to construct a one -storey residential addition. 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 one -storey residential addition, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by July 9, 2021, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan "Urban Residential Areas — Low Density Area" within the Liverpool Neighbourhood Zoning By-law 3036, as amended by By-law 1493/82 — "S3" Conforms to the Intent of the Official Plan The subject property is designated "Urban Residential Areas — Low Density Areas' within the City of Pickering's Official Plan. Lands within this designation are intended to accommodate residential uses including single detached dwellings. The requested variance is intended to facilitate a residential addition. 22 Report P/CA 37/19 July 10, 2019 Page 2 Conforms to the Intent of the Zoning By-law The intent of the minimum rear yard depth of 7.5 metres is to ensure that a usable amenity space is provided in the rear yard. A 6.0 metre rear yard depth maintains usable outdoor amenity space in the rear yard. Outdoor amenity space will be maintained in the southwesterly portion of the property in conjunction with the wide flankage yard. An existing detached shed will be maintained and will' have approximately 1.1 metre of separation from the addition. This separation is adequate to allow for access and maintenance. Desirable for the Appriopriate Development of the Land The proposed 6.0 metre setback facilitating a rear yard addition to an existing dwelling is appropriate development of the land given its residential nature. Adequate amenity space will be maintained on property. The addition will allow for the rear wall to be more in line with the northerly neighbours' rear walls. Minor in Nature A 6.0 metre setback in the rear yard is minor in nature as adequate amenity space will be maintained. Despite being a corner lot, there will be minimal visual impact to the streetscape. Conclusion Staff is of the opinion that the requested variance is considered minor in nature, desirable for the appropriate development of the lands, and is in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services Date of report: July 3, 2019 Comments prepared by: Felix Chau Planner I FC:nwb no comments on' the application Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:1Documents\Development\D-370012019 \PCA 37-19 H. Antonledls & E. Ntinos\Repart\PCA 37-19 Report.doct Attachments Exhibit 123 \\== FORESTBROOK PARK William Dunbar Public School lin 6 0 c`a 0 a 0 O O &quar crescent 0 aa)) o � 111 , I • a ith# 111110 r _ .... .... _ ..____ _ _ _ , _ 1 a i - g ini IN -IN .ft Glenanna Road a I 0 0 m O J 07 0 a °Crescent 0 0 0 ca amII'k w S CD 0 O i 24 Exhibit 2 To permit a rear yard depth of 6.0 metres. ORT/ Qco 53,41(16.28T) N o 1 m 0 E EXISTING . 3'-2" rn E in of a SHED 0.96m m PROPOSED ONE •.. / 9.42' / ' STOREY ADDITION' f • 12.87m 18.86' of co NI • �' to ./722.%.27.27.27 5.75m 1 i / / / / / / / / / /EXISTING TWO / / STOREY DWELLING / / / • 1 I . I` 1!7)- v t. O ' � ' / //// 2 / 7 /I / / / 5.07m /// • ,/ /1 / /. ' 4.13' � `\ �7s \ 5s N 29.2'(8.91m) RAWLINGS /////////, EXISTING DRIVEWAY � 1' DRIVE 11.26m 1 Site Plan C4 4 File No: P/CA 37/19 PICKERING Applicant: H. Antoniadis & E. Ntinos City Development Property Description: Lot 100, Plan 40M-1333 Department • (1558 Rawlings Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 17, 2019 Gly �h DICKERING Report to25 Committee of Adjustment Application Number: P/CA 40/19 Date: July 10, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Revised. Subject: Committee of Adjustment Application P/CA 40/19 M. Alexander 688 Layton Court Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 2543/87 to: • recognize an accessory building (garden shed) setback a minimum of 0.4 of a metre from the north side yard, whereas the by-law requires accessory buildings must be setback a minimum of 0.6 of a metre from all lot lines; • permit an accessory building (pool house) not exceeding 3.3 metres in height and setback a minimum of 0.6 of a metre from all lot lines, whereas the by-law requires accessory buildings greater than 1.8 metres in height shall be set back a minimum of 1.0 metre from all lot lines; and • permit a total lot coverage of 5.3 percent for all accessory buildings, whereas the by-law requires the total lot coverage of all accessory buildings excluding private detached garages, shall not exceed 5 percent of the lot area. The applicant requestsapproval of these variances iri order to obtain a building permit for an accessory building (pool house) and to recognize an existing accessory building (garden shed). Recommendation The City Development Department considers an accessory building (pool house) not exceeding 3.3 metres in height, setback a minimum of 0.6 of a metre from all lot lines and a total lot coverage of 5.3 percent to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed accessory building (pool house), as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4). 2. That the applicant obtain a building permit for the proposed construction by July 9, 2021, or this decision shall become null and void. and 26 Report P/CA 40/19 July 10, 2019 Page 2 The City Development Department considers an accessory building (garden shed) setback a minimum of 0.4 of a metre from the north side yard, to be desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Zoning By-law, and therefore, recommends Approval of the proposed variance, subject to the following condition: 1. That this variance apply only to the existing accessory building (garden shed), as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2). Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Areas" within the West Shore Neighbourhood Zoning By-law 2511, as amended by By-law 2543/87 — "S4" 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 housingform within the West Shore Neighbourhood. Conforms to the Intent of the Zoning By-law The intent of the minimum rear yard depth and minimum side yard depth is to ensure that adequate space is available for maintenance, grading and drainage, that roof overhangs do not encroach on adjacent properties, that roof drainage stays on the subject property, and that the visual and privacy impact on adjacent properties is minimized. The owner is requesting to allow for an accessory building (pool house) not exceeding 3.3 metres in height be setback 0.6 of a metre from all lot lines. A minimum setback of 0.6 of a metre will provide adequate space for maintenance, grading and drainage, and there. will be no overhangs or roof drainage into neighbouring properties. The proposed pool house has a sloped roof, which decreases from 3.81 metres at the south building elevation to 2.78 metres in height at the north building elevation as it approaches the north side yard. As required by By-law 2511, building height is measured at the mean height level between the eaves and ridge which is 3.3 metres (see Exhibit 4). The sloped roof and resulting decrease in height reduces the visual impact on neighbouring properties. In addition, the visual impact on neighbouring properties is further reduced by the tree coverage along the north side yard. The owner is also requesting to recognize an existing accessory building (garden shed) setback a minimum of 0.4 of a metre from the north property line, whereas the by-law requires accessory buildings be setback a minimum of 0.6 of a metre from all lot lines. Report P/CA 40/19 July 10, 2019 27 Page 3 City Engineering Services staff previously commented that this existing garden shed be relocated to achieve a minimum setback of 0.6 of a metre from the north lot line to ensure there is sufficient space for maintenance and drainage. After conversations between the applicant, City Development staff and City Engineering Services staff, Engineering staff have determined a setback of 0.4 of a metre for the existing garden shed is acceptable. The garden shed has sufficient space between the property line and the shed for maintenance. In addition, the Engineering Services staff do not have any drainage concerns. As a result of the existing and proposed accessory buildings on the property, the applicant is requesting relief from the maximum lot coverage requirement of 5.0 percent. The intent of the total lot area of all accessory buildings, excluding private detached garages, is to maintain an appropriate amount of amenity area uncovered by buildings on a lot, and to ensure the massing, scale and size of accessory buildings are appropriate for the size of the lot. The applicant has requested a total lot coverage for all accessory buildings of 5.3 percent. The requested variance will maintain an appropriate amount of amenity area uncovered by buildings. Desirable for the Appriopriate Development of the Land The neighbourhood consists of similar lot sizes, with detached dwellings. Some of the lots have installed pools and an accessory building in the rear yard generally sited in similar locations. The requested relief from the by-law to permit a pool house 0.6 of a metre from the lot lines maintains an adequate separation from the property lines and the pool. In addition, the requested relief from the by-law to recognize the existing garden shed setback 0.4 of a metre from the north side yard maintains adequate separation from the north property line to accommodate maintenance and grading. Minor in Nature The applicant has been granted a permit for a pool, which is currently under construction. The proposed pool house will be located at the north corner of the property, next to the pool. Accessory buildings greater than 1.8 metres require a lot line setback of 1.0 metre. The applicant is proposing to construct the pool house closer to the rear and side lot line than the by-law permits. In addition the applicant is requesting to recognize an existing garden shed constructed 0.4 of a metre from the north side yard whereas the by-law requires a minimum setback of 0.6 of a metre. The proposed relief to the required setback from lot lines is considered minor in nature. Conclusion Staff is of the opinion that the requested variances to permit an accessory building (pool house) not exceeding 3.3 metres in height and setback a minimum of 0.6 of a metre from all lot lines, to permit an existing accessory building (garden shed) setback a minimum of 0.4 of a metre from the north side yard, and to permit a total lot coverage of 5.3 percent for all accessory buildings in order for the applicant to obtain a building permit for a pool house and recognize an existing garden shed are 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. 28 Report P/CA 40/19 July 10, 2019 Page 4 Input From Other Sources Engineering Services Date of report: July 5, 2019 Comments prepared by: �ilt ti Tanjot Bal. Planner I TB: DW: nwb • Revised comments Dated July 5, 2019: existing garden shed is not required to be relocated upon further assessment • Previous comments Dated June 26, 2019: relocate existing garden shed to achieve a minimum setback of 0.6 of a metre from the north side lot line 11)11// Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:11Documents\DevelopmenOD-3700@019WCA 40-19 M. Alexander \ReporlWCA 40-19 Reporl.doc Attachments Exhibit NTo Bidwell • t Lot Hampton Court Atwood Crescent Layton Court Dunmoore Park Callahan Street Oklahoma Drive ka IaiiIIiIIIIIOi t &iiIO1Abingdon IBYII Subject Lands PIM IiUHlOIHiiNNW N 0 1) C 4 Location Map . File: P/CA 40/19 PICKERING City Development Department Applicant: M. Alexander Property Description: Lot 138, Plan 40M-1571 (688 Layton Court) Date: Jun. 13, 2019 S The Corporation of me City o I Pickering Produced On part) under license from. a queens Printer, Ontario Mid sry of Natural Resources. All rights reserved.;© Her Ms. a)esty the queen In Right of Canada, Department of Natural ResourceAll rights reserved; 5 Teranet Enterprises Inc and is suppliers al rights reserved.;® Municipal Property Assessment Corporation and Its suppliers all rights reserved.; SCALL. 1:4,000 THIS IS NOT A PLAN HP SURVEY. I Exhibit 2 w To permit an accessory. structure (pool house) 3.3 metres in height and set back a minimum of 0.6 of a metre from all ilot lines. .95m-- 1..0v16 95m.. 0.62m J a x 301.0 sq ft 27.q&mA2 0 • a- 3r m m To permit an accessory structure (garden shed) setback a minimum of 0.4 of a metre from the north side yard. 63.97 sq ft 5.94m"2 Existing Garden Shed x I! a- 0.41 m 0 Lat Area / 6,59S.3b sq ft 3mA2 To permit a total lot coverage of 5.3% for all accessory buildings. DICKERING City Development Department Site Plan File No: P/CA 40/19 Applicant: M. Alexander Property Description: Lot 138, Plan 40M-1571 _(688 Layton Court) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 24, 2019 L:\Planning\Corel\Pla nni ng\Apps1P CA\2019 Exhibit 3 L:\Planning\C ore!\Plan ning\Apps\P CA\2019 I; • i r.- I k 36° 1Nide Exterior Door 1' High x 16' Nide Garage Door Segmented Style, Gass Lites All Lites to be Safety Glass South Elevation/Front View of Pool House File No: P/CA 40/19. ,c . PICKERING Applicant: M. Alexander Property Description: Lot 138, Plan 40M-1571 City Development (688 Layton Court) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 24, 2019 L:\Planning\C ore!\Plan ning\Apps\P CA\2019 Exhibit 4 w N L:\Planning\Corel\Planning\ pps\PCA\2019 Midpoint of Roof Measurement f N`,'E s m r- r t� q� Gr ade to Siding 3b" Vide Door East Elevation of Pool House city 4 File No: P/CA_ 40/19 PICKERING Applicant: M. Alexander Property Description: Lot 138, Plan 40M-1571 City Development (688 Layton Court) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 24, 2019 L:\Planning\Corel\Planning\ pps\PCA\2019