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September 11, 2019
DICKERING Committee of Adjustment Agenda Meeting Number: 9 Date: Wednesday, September 11, 2019 pickering.ca Cly 4 DICKERING Agenda Committee of Adjustment Wednesday, September 11, 2019 7:00 pm Council Chambers 1. Disclosure of Interest 2. Adoption of Agenda 3. Adoption of Minutes from August 14, 2019 4. Reports 4.1 P/CA 47/19 R. & T. Skripka 1042 Longbow Drive 4.2 P/CA 48/19 L. Martinez & L. Pittman 1315 Anton Square 4.3 P/CA 49/19 Pickering Developments (401) Inc. North West Corner of Bayly Street & Church Street 4.4 P/CA 50/19 1020 Brock Road South Inc. 1020 Brock Road South 4.5 P/CA 51/19 M. Adham 198 Twyn Rivers Drive 4.6 P/CA 52/19 1262847 Ontario Limited 3260 3280 Highway 7 4.7 P/CA 53/19 W. Bouman 968 Essa Crescent 4.8 P/CA 54/19 C. Delaney 3435 Audley Road 5. Adjournment Page Number 1-9 10-16 17-22 23-29 30-35 36-41 42-46 47-51 52-58 For information related to accessibility requirements please contact: Samantha O'Brien T. 905.420.4660, extension 2023 Email sobrien@pickering.ca c4.6 DICKERING Committee of Adjustment 1 Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers Pending Adoption Present Tom Copeland — Vice -Chair David Johnson Chair Eric Newton Sean Wiley Also Present Deborah Wylie, Secretary -Treasurer Samantha O'Brien, Assistant Secretary -Treasurer Tanjot Bal — Planner I Absent Denise Rundle 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the revised agenda for the Wednesday, August 14, 2019 meeting be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Eric Newton Seconded by Sean Wiley That the minutes of the 7th meeting of the. Committee of Adjustment held Wednesday, July 10, 2019 be adopted, as amended. Carried Unanimously Page 1 of 9 2 cry o� DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers 4. Reports 4.1 P/CA 41/19 & P/CA 42/19 A. Asokkanth, M. Subramaniam & P. Santhiralingam 1981 Guild Road The applicant requests relief from Zoning By-law 3036, as amended: P/CA 41/19 (Proposed Part 1) • to permit minimum lot frontage of 15.5 metres, whereas the by-law requires 18.0 metres P/CA 42/19 (Proposed Part 2) • to permit minimum lot frontage of 15.5 metres, whereas the by-law requires 18.0 metres The applicant requests approval of these variances in order to create one additional lot through the Region of Durham Land Division Committee Application LD084/19. 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 and the City's Building Services Section expressing no comments on the application. Sadasivarao Gadde, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Given that the application meets the four tests of the Planning Act, and as presented and documented by the City Development Department's Recommendation Report, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded. by Eric Newton That applications P/CA 41/19 & P/CA 42/19 by A. Asokkanth, M. Subramaniam & P. Santhiralingam, be Approved on the grounds that the minimum lot frontages of 15.5 metres 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 final clearance for Land Division Application LD 084/19 by August 13, 2021, or this decision shall become null and void. Carried Unanimously Page2of9 PICKERING cd, Committee of Adjustment 3 Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers 4.2 P/CA 43/19 R. Sreedhar & S. Nair 1968 Calvington Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 6585/05, to permit an accessory dwelling unit within a townhouse dwelling, whereas the by-law states in any zone that permits a detached dwelling or semi-detached dwelling, an accessory dwelling unit is permitted within the detached dwelling or semi-detached dwelling. The applicant requests approval of this variance in order to obtain a permit for an accessory dwelling unit in the basement of a townhouse. 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 received from the City's Building Services Section stating Building permit application #19-103083 (construction to create an accessory dwelling unit with walkout) has been submitted for review and is awaiting zoning approval. Written comments were submitted by a resident of Calvington Drive in opposition to the application. Building Services also provided the Committee a written response to the comments related to the Ontario Building Code submitted in opposition to the application. Roshan Sreedhar, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Roshan Sreedhar stated that he is aware of the neighbour's concerns and has made efforts to address the matters. There is one smoke detector and carbon monoxide detector in each level, there are available parking spaces in the driveway with additional parking in the garage. In response to questions from Committee Members, Roshan Sreedhar stated there will not be a home-based business operating from the dwelling and the garage will be used solely for parking and not for storage of household items. The minor variance application has been submitted for the. purpose of renting, where both units may be rental properties in the future. Roshan Sreedhar also indicated the entrance to the accessory dwelling unit is separate from the main entrance of the primary dwelling, located at the rear and side. The Building Services comments in response to the neighbour's concerns have also been circulated to all parties involved. Page 3 of 9 4 Cfy of DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers A Committee Member stated the need for the municipality to review and update zoning by-laws regarding townhouses and accessory dwelling units, and cautioned the applicant about property maintenance. Moved by Eric Newton Seconded by Tom Copeland That application P/CA 43/19 by R. Sreedhar & S. Nair, 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 accessory dwelling unit within the townhouse, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated August 14, 2019). 2. That the applicant obtain a permit for the accessory dwelling unit by August 13, 2021, or this decision shall become null and void. Carried Unanimously 4.3 P/CA 44/19 R. & S. Bianchet 675 Pleasant Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18 to permit an uncovered platform (deck) not exceeding 0.8 of a metre in height above grade to project a maximum of 1.5 metres into the required side yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project not more than 1.0 metre into any required side yard. The applicant requests approval of this application 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 received from the City's Engineering Services Department stating the deck framing and foundations are not to impede the neighboring property. The applicant should ensure adequate drainage is maintained below deck and alongside yard lot line. No alterations to grading are permitted. Written comments were also received from the City's Building Services Section stating information was received of a rear yard deck already constructed. A building permit application was submitted after prompted by a Building Inspector. Page 4 of 9 C4 DICKERING Committee of Adjustment 5 Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers Ron Bianchet, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Given that neighbouring properties are setback 6 metres from a dwelling, the application meets the four tests of the Planning Act and as presented and documented by the City Development Department, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 44/19 by R. & S. Bianchet, be Approved on the grounds that the application is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed uncovered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated August 14, 2019). 2. That the applicant obtain a building permit for the proposed construction by August 13, 2021, or this decision shall become null and void. Carried Unanimously 4.4 P/CA 45/19 P. Premathas 1442 Old Forest Road The applicant requests relief from Zoning By-law 3036, as amended to permit a rear yard depth of 5.2 metres, whereas the by-law requires 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to recognize an existing non -conforming deck. 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 stating the applicant should ensure the. proposed deck does not adversely affect existing drainage patterns. No alterations to grading is permitted. Written comments were also received from the City's Building Services Section stating information was received in 2018 of a rear yard deck being constructed. It was determined that a building permit had not been applied for nor issued. A building permit application was applied for after being prompted by a Building Inspector. Choice of building material has resulted in the delay of permit issuance as was not permitted by the Ontario Building Code. Page 5 of 9 6 DICKERING c4 Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers Pratheeban Premathas, 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, Pratheeban Premathas stated it was assumed the previous owners received a building permit for the previously constructed deck. Pratheeban Premathas stated they were replacing wooden deck boards with composite wood, and was unaware they should obtain a building permit. In addition, the delay in building permit issuance was due to the owner's timing in receiving materials and the construction was completed approximately in August 2018. Given that the application meets the four tests of the Planning Act and is approved as documented and stated by the City Development Department, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Tom Copeland That application P/CA 45/19 by P. Premathas, 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 deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated August 14, 2019). 2. That the applicant obtain a building permit for the proposed construction by August 14, 2021, or this decision shall become null and void. Carried Unanimously 4.5 P/CA 46/19 Pickering Developments (401) Inc. North West Corner of Bayly Street and Church Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7404/15 to permit for Gaming Establishments/Casinos a 2 -way Trip Generation Rate of 0.30 per Gaming positions, whereas the by-law requires a 2 -way Trip Generation Rate of 0.48 per Gaming positions. The applicant requests approval of this variance in order to comply the by-law requirement for trip generation rate for Gaming Establishment/Casino to allow for the appropriate rate of development for the subject lands. Page 6 of 9 cry DICKERING Committee of Adjustment 7 Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers The Secretary -Treasurer outlined the staff recommendation from City Development recommending approval subject to no conditions. Written comments were received from the City's Engineering Services Department stating no objection with the proposed reduced Trip Generation Rate of 0.30 per Gaming Positions. Written comments were received from the City's Building Services Section indicating no comments on the application. Written comments were received from the Regional Municipality of Durham stating the Planning and Economic Development Department does not object to the approval of this minor variance application subject to the applicant providing an undertaking to the satisfaction of the Region within 60 days of the approval of the minor variance application. The undertaking is to address various matters including the provision of a peer reviewed Transportation Monitoring Study, trip generation rates used in lifting of Holding (H) provisions, implementation of transportation demand management measures and implementation of off-site transportation improvements (see Region of Durham comment letter, Attachment #1 contained in the staff Report to the Committee of Adjustment dated August 14, 2019). Written comments were also received from the Toronto and Region Conservation Authority stating no objections and no permit is required. Tom Melymuk and Don Given, agents; Steve Apostalopoulos, applicant and Ira Kagen and Tim Arnott were present to represent the application. Stephen Shepherd of Keeble Crescent, Ajax was present for clarification of the term trip generation rate. No further representation was present in favour of or in objection to the application. Tom Melymuk noted a correction in two instances on page 2 of the covering letter for the minor variance application where all reference should be to Zoning By-law 7404/15. It was outlined that the site can only develop up to a certain level then the next Holding (H-2) symbol has to be lifted. The requested Trip Generation Rate of 0.30 per Gaming Positions would allow other uses when the Holding (H-2) symbol is lifted later this year. In response to questions from Committee Members, the applicant's representatives stated the following: • The film studios (next phase) would not be allowed under H-2 if a trip rate of 0.30 is not approved. • Durham Region had supported a rate of 0.30 at the OMB hearing for Ajax Downs. • The trip rate for Fallsview Casino is less than 0.30 due to its urban location. • Bus trips are considered in the trip generation rates. • It is assumed that 1,000 gaming positions are to open on Day 1. • A trip rate of 0.30 will open up 2,100 to 2,200 gaming positions but Holding (H-2) symbol needs to be lifted to support the full casino, hotel, arena (performance venue) and film studios. • Presently a 'box' is being constructed to accommodate the full casino and the By-law controls the number of gaming positions based on a trip generation rate. Page7of9 8 c4 o� DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers • Shuttle buses from both the Ajax and Pickering GO stations are being considered. • The applicant supports the recommendation of City staff without the Region's conditions. • The Region's conditions are inappropriate as By-law 7404/15 requires that the Region be satisfied before the City lifts the Holding (H-2 and H-3) symbols. • Trip generation rates drop as casinos get larger. • The Region's conditions change the nature of By-law 7404/15 by allowing whatever rate resulting from the Transportation Monitoring Study to be the rate applied in the future notwithstanding if the Committee approves a rate of 0.30. • The timelines in the Region's conditions cannot be met which will delay the film studios and other phases. • The Region requested a commitment letter that an undertaking will be executed, and the applicant expected City staff to be emailed by the Region before the meeting regarding the applicant's response. • A letter of credit for the improvements to four intersections was provided to the Region at the lifting of the Holding (H-1) symbol, detailed design drawings are underway. The Secretary -Treasurer advised Committee Members that the Region's conditions can be secured through lifting of the Holding symbols, site plan applications and site plan agreements. Both the City and the Region have to be satisfied at each stage of lifting the Holding symbols. Given the application meets the four tests of the Planning Act, and based on the information provided by the City Development Department and the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Sean Wiley That application P/CA 46/19 by Pickering Developments (401) Inc., 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. Carried Unanimously Page 8 of 9 C4 �f PICKERING Committee of Adjustment 9 Meeting Minutes Wednesday, August 14, 2019 7:00 pm Council Chambers 5. Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 8th meeting of the 2019 Committee of Adjustment be adjourned at 8:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 11, 2019. Carried Unanimously Date Chair Assistant Secretary -Treasurer Page 9 of 9 10 Gfry �f DICKERING Report to Committee of Adjustment Application Number: P/CA 47/19 Date: September 11, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 47/19 R. & T. Skripka 1042 Longbow Drive Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85 to permit a rear yard depth of 5.5 metres, whereas the by-law requires 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to construct a covered platform. Recommendation The City Development Department considers the variance to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the covered platform, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 3). 2. That the applicant obtain a building permit for the proposed construction by September 11, 2020, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan "Urban Residential Areas — Low Density Areas" within the Liverpool Neighbourhood Zoning By-law 3036, as amended by By-law 1998/85 — "S -SD" Report P/CA 47/19 September 11, 2019 11 Page 2 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 amenity area for a single detached dwelling. 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 5.5 metre rear yard depth maintains usable outdoor amenity space in the rear yard. Additionally, the proposed covered deck will maintain the existing amenity space in the rear yard. Desirable for the Appriopriate Development of the Land The proposed 5.5 metre setback to enhance the amenity area of a residential property is appropriate development of the land. The amenity area available to the property will remain the same. Minor in Nature The proposed deck will be in line with the rear yard decks of the neighbouring properties. Additionally, there are no dwellings immediately to the rear yard. The addition of a covered deck with a reduced rear yard setback of 5.5 metres will not significantly impact the immediate neighbours and is minor in nature. Conclusion Staff is of the opinion that the requested variance is considered 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 Zoning By-law. Input From Other Sources Engineering Services • no comments on the application Building Services • The structure has been constructed without the benefit of a building permit. A building permit is required for this structure. 1 2Report P/CA 47/19 September 11, 2019 Page 3 Date of report: September 3, 2019 Comments prepared by: Felix Chau Planner I FC:DW:so JADocuments Devetopment\D-370012019WCA 47-19 R. &T. Skripka'Repod\PCA 47-19 Reportdoc Attachments Deborah Wyli MCIP, RPP Principal Planner, Development Review Exhibit 1 �3 a) co Q tE rn 0 0 0 imbnimm +.4 C a) 0 L0 O) Forestbrook Park William Dunbar Public School Silverthorn Square 4 i d 0 0 U 0 0 x ' crescent #*1113 Road blabIlk WI/ 1. IIIIII Subject — NM Lands Mom M_ MIN �_ _MINI' 0 m 0 J I0 0 0 0 -O/v Crescent A C rescent 0 E _C 0 Rambleberry Avenue 0 03cr J Ajr 0 :x av`d Fa Parc( m � m e/rt e • • Vaughan Willard Public School David Farr Park Culross Avenue court 0 co m (44 PICKERING City Development Department Location Map File: P/CA 47/19 Applicant: R. & T. Skripka Property Description: Pt Lt 27, Plan 40M-1466 Now Pt 1, 40R-10941 (1042 Longbow Drive) P The Corporation of the City of Pickering Produced to pan) under license from:6 Oucens Printer, Ontario ! tnl3ry of Natural Resources. All rights resened.,O Her Majesty the queen in Right of Ca nide, Department of Natural Resource. All rights reserved.; ,P Teranet Enterprises Inc and ds suppliers al rights reserved.; O Municipal Property A ase.ment Corpora Ilan a rid Is suppliers al rights reserved.: Date: Aug. 06, 2019 SCALE: 1:4,000 THIS IS NOTA PLAN OF SURVEY. LAPLANNING101•P.tapFiesV'CAt2019tPCA 47-19 R. & T. SerpkalPCA47-19 LomtionMap.rr Exhibit 2 4. r.e. rrw 1� a c ar( LCr? , . Y Y = An Ape* -1 . S/Y 4.74.4,1•51c C. =I F. �Ca' 9 ,I�. a.Il S4O /rare) `T r, Y./ / //r /tom ? �''uj/ �c� eo s1:10.17: 0. n run/ ' S 1,t1; a: / .... - F .. . �� 6 f� .. c^ r. n1 A41 Pi [O.r l0! l a .: o r ;� �. c.rr / r co J r / f:::::•,./t W n « s ' // ,w.+ww� i� I2 z pa n t. L # 4r y �,:l' tie 21N 1.�. 1/! o r 9 ' $ es. Haay. e h '1. : nlA.o Ja F r' ;• �% /j/ f/1/J SAW .wW. 1112 a V m V i Vad�r , /...w ��•1aL. 1 k� + 7. d 4 0 6i A • x Idf t Nri..etfro'T tia.ar! f arc-" // / / !! � . A � ae� j:./.••••,.... ! +►w,../ • ' '2 3. I �.e. C . n 1.4.r tt t • w t.....II0 0, .1 . ir�g:y�`. tu.l,rraa yt:•U � . Y lx IF? 1 ��J ti 1 -... • n i j • D *I^ �` + uJ • i; CI • , • a rat" rLr�rMT7•PO'7d'£ :2, Zi • --ua• uszol g iz "a PLAN -1 .SeL • �� �M•!�6'6 LOT 30 = j7 Vi $ • 4, C: J• -'-r Survey 04 4 File No: P/CA 47/19 PICKERING Applicant: R. & T. Skripka Property Description: Pt Lot 27, Plan 40M-1466 Now Pt 1, 40R-10941 City Development (1042 Longbow Drive) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 22, 2019 L'\Planning\01-Map Files\PCA\2019 Exhibit 3 L.\Planning\01-MapFiles\P CA\2019 To permit a rear yard depth of.5.5 metres J ND 11 `W` •L �n ISS *.@ lMs V 3 AggfA'$=rye CD 1 A F t4 t � 1 it ti Site Plan File No: P/CA 47/19 P 1 CKE R1 N G Applicant: R. & T. Skripka Property Description: Pt Lot 27, Pian 40M-1466 Now Pt 1, 40R-10941 City Development (1042 Longbow Drive) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OFPICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 22, 201 L.\Planning\01-MapFiles\P CA\2019 Exhibit 4 L:\Planning\01-MapFiles\PCA\2D 19 Dig 7 133 7 12.0 5b s i) t K A 4 k 15 3 i k11. ce A ® 0 0 GRADE X ^)( X. n - Y > Y f X X X )(X 'XXX 1 )(X)(X X )(i X X XX X X X ): .._ »»»» _ __,. _ »,».„ _.»» � -4.0 A X X 1 1 t 111-6" Elevation City File No: P/CA 47/19 od PICKE RI NG Applicant: R. & T. Skripka Property Description: Pt Lot 27, Plan 40M-1466 Now Pt 1, 40R-10941 City Development (1042 Longbow Drive) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 22, 2019 L:\Planning\01-MapFiles\PCA\2D 19 DICKERING C4 Report to 17 Committee of Adjustment Application Number: P/CA 48/19 Date: September 11, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 48/19 L. Martinez & L. Pittman 1315 Anton Square Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 2261/86 to permit: • a minimum rear yard depth of 6.4 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres; • a maximum lot coverage of 45 percent, whereas the by-law requires a maximum lot coverage of 40 percent; and • to permit accessory structures setback a minimum of 0.4 of a metre from all lot lines, whereas the by-law requires accessory structures must be set back a minimum of 0.6 of a metre from all lot lines. The applicant requests approval of these variances in order to obtain a building permit for a sunroom and recognize an existing shed. 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 sunroom and shed, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 3). 2. That the applicant obtain a building permit for the sunroom by September 10, 2021, or this decision shall become null and void. 18 Report P/CA 48/19 September 11, 2019 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan Designation — "Urban Residential Areas — Low Density Area" within the Liverpool Neighbourhood Zoning By-law 3036, as amended by By-law 2261/86 — "SD" Conforms to the Intent of the Official Plan The subject property is designated "Urban Residential Areas — Low Density Area" within the Liverpool Neighbourhood. Residential uses are permitted within the designation, as well as home occupations, limited offices serving the area, and limited retailing of goods and services serving the area. The existing use of the property (residential) conforms with the intent of the Pickering Official Plan. Conforms to the Intent of the Zoning By-law The applicant has constructed an addition (sunroom) to the existing detached dwelling at 1315 Anton Square. The sunroom has been constructed on top of an existing deck. This deck does not require a building permit, as it is below 0.6 of a metre. The applicant has recently replaced the existing deck, constructed a roof and walls, and connected the structure to the existing dwelling. By constructing an addition to the dwelling, the applicant has reduced the rear yard setback from 10.1 metres to 6.4 metres. The required rear yard setback is 7.5 metres and this minimum rear yard setback requirement ensures properties have sufficient amenity space. There appears to be sufficient space in the rear yard. Staff are of the opinion that the requested variance conforms to the intent of the Zoning By-law. The Zoning By-law permits a total lot coverage of 40 percent for all structures on the property. Before the sunroom was constructed, the site had a total lot coverage of 36 percent. Construction of the sunroom increased the total lot coverage by 9.0 percent, requiring a variance to permit a total lot coverage of 45 percent. The By-law restricts the total lot coverage to ensure the property has sufficient area not covered by structures, for maintenance, amenity area and landscaping. The property has sufficient landscaping area in the front yard, sufficient space for maintenance in the side yards, and an adequate amount of amenity space in the rear yard. Staff is of the opinion that the requested variance conforms to the intent of the Zoning By-law. The Zoning By-law requires accessory structures less than 10 square metres in area and 1.8 metres in height to maintain a 0.6 of a metre setback from all lot lines. The minimum 0.6 of a metre setback ensures there is sufficient room for maintenance of the existing shed and prevents drainage issues. The requested minimum setback of 0.4 of a metre provides sufficient space between the side and rear lot lines to maintain the shed. In addition, the water flow at the rear of the property is not impacted by the shed, as the applicant has maintained a swale that travels underneath the base of the shed. Staff are of the opinion that the requested variance conforms to the intent of the Zoning By-law. Report P/CA 48/19 September 11, 2019 1 9 Page 3 Desirable for the Appriopriate Development of the Land The neighbourhood consists of a similar built form; single -detached dwellings with decks and sheds in the rear yard. The applicant has converted an uncovered deck into an addition (sunroom) to the existing dwelling. The roof of the sunroom compliments the roof for the detached dwelling, and the addition is aesthetically and visually appealing. Staff is of the opinion that the constructed addition does not negatively affect the neighbourhood and is an appropriate development for the subject property. Minor in Nature The request to recognize an addition (sunroom) constructed within the required rear yard setback, and existing shed constructed less than the minimum required setback to the lot lines, and a total lot coverage of 45 percent 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 obtain a building permit for a sunroom and recognize an existing shed 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 Building Services Date of report: September 5, 2019 Comments prepared by: Tanjot Bal Planner I TB:DW:nwb • No comments on the application. • Please note the structure has been constructed without the benefit of a building permit. A building permit is required for this structure. Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:1Documents\Development0-3700120191PCA 48-19 L. Martinez & L. Pillman Report'PCA 48-19 Report.doc Attachments Exhibit 1 1 1 1 Barnwood Square m 0 m a Glendale Park -o 0 0 n `m 0 0 (0 0 m o` LL Finch Avenue Pa kdale Street (0 1n 0 • Everton Street Subject Lands Glengrove Park Brands Court 0 0 N 11 11 C4 4 Location Map File: P/CA 48/19 PICKERING City Development Department Applicant: L. Martinez & L. Pittman Property Description: Pt Lt 7, Plan 40M-1447 NOW Pt 3, 40R-10628 (1315 Anton Square) Date: Aug. 12, 2019 8 The Corporaton of the Ctty of Pockedng Produced pn part) wnler I ensefrom: 0 Queens Pnrater, Ontam Msdstry of Natural Resumes. NI rghis reserved.;® Her Mares>y the Queen 6, Right of Canada, Department of Natural Resources NI rights reserved.; 9 Teranet Enterprises Inc.and as suppliers al dghts reserved.: 0Munbipel Property Assessment Corpo2ibn and ds suppliers at dghts reserved.; SCALE: 1:4,000 THIS IS NOTA PLAN OF SURVEY L1PLANNING101-MapFtesWCAl20 19WCA 4&19 L Martinez 8 L PSt manly CA40-19 Locot®Mlap.med Exhibit 2 REGt:JNAL MUNICIPALITY OF DURHAM AATIO 1 , 200 o' I 2 .1. 4 1 i0 290.2n .5 . 017(1CIINIE SURVEYING 5709041)0.1 1T0. ANTON •. © 1207 SQUARE ' - PARSEL S IREET5 - P SECT ION 401.4- 1447 - 5 2551 4 5111011 I '1 B! :BEAN 1030-. 14471 732- .04' 4e. E 14.10(' U) --+- 171as10 1--t--- 24.311/i tm •-•-,-5 12.313 12124271 -,-1-- `t l¢ It 11 1100 alt 8 ,,- Ilf . - 9.15 w - 15.41 Ill 1 1x.11 .10 n .9.15 _.. . St5 o 2 i I-E:A112LE tor 0 DI lit) ' '7 IAN 4041-2447 12.11 g 3i o -M '59251 , a • - Iurt 1 1315 1 DAT s /117 • Ca11.- - 101u11011. >S •4n - 7 - / 111J G14-001 110110711 ODOR N11Ydis 11214210 - :PLANtll. n r 4-0D4 'nlM� TO1o1TION ' tir.. - .101 1011144101 '.51244142 'SUN' 40 -1411 NxaR10,C.Waf1�, 41117 on 21 - 54! . / '3 3:' -t .2 _ 3 n - (PART 31 e. [PART 41 I-1- o. 4 in Z 9.15- I4i. of 1.. -14.M 11[71 o0 - AOM— S7 LOT 14.111n1.9at21 S.IS o T^. t - 9.15 - ILL 1.00 - o 12141 rlt4171' o : 10.ls ltl. 04575 L. L 11. I1 11,25111 -Y aY41. PART 9 . PART '10 R PLAN 115 .PARCEL 12-557-43-1. 'IP1200.45057- 43- LOT � �F3 ``,\ 11 '611541 PART 11 .. • 732 ` fr.TAROEL N-907- I 44-I -t- PART 12 P2.01E1. R-597. .t 44-2 94 ' ;� 1 . . a. R.30III t 1111----).4I44411y23-f-- PART 13 '4013- MM.MM.21-1207-45-4 - LOT -45-2 PART.'t4, 04' 1 PALM. 04351•t )572-45 3 in PART 15, - - PAR0EL31T'4e-931-1 4e-1• 1 �. 'LO -- PART 16 PARCEL.11.591-' 41-2 � 46 PA 45" KIEV: S' 'LOTS Site Plan - 62, 4 File No: P/CA 48/19 PI C KE R1 N G Applicant: L. Martinez & L. Pittman Property Description: Pt Lt 7, Plan 40M-1447 Now Pt 3, 40R-10628 City Development (1315 Anton Square) Department a De rtment FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. ti DATE: August 21, 2019'' g L:\Planning\01-MapFiles\PCA\2019 Exhibit 3 L:\ Planning \01-M a p F i l e s\PCA\2019 To permit a maximum lot coverage of 45 percent • eonoyn •-\ l r'suN �cM ,� A TON •..._ / � SOUARE �- rte\ — 1- 1315 HOUSE 103-12 ELEVATION YB �.�`-". .WEST ------ `\LOT To permit a minimum rear yard depth of 6.4 metres COVERAGE S ROOM -26•E3 1 l r T HOUSE + SUN R00M+SHED 135.89 �, 1' LOT 301.95 . 45% • LOT30"195 �' iiii1 REAR YARD 6.4 9.15 SHED S• 94 To permit accessory structures setback a - ll Mtn Required 7 5 ENCROACHMENT 1.1m minimum of 0.4 of a .SITE PLAN L.26c, from lot lines metre all _/ .SOUTH ELEVATION_ .v...-6.0'...'. PROPOSED SUN ROOM TX el I01 '- J 1315 ANTON SQUARE ARCHRIVAL DES1ON . >z 110 Sk 19 PICKERING 5L,,,,: 2 6!19 905426983'1 c -t- 1 1 Proposed Sun Room 4 File No: P/CA 48/19 PICKERING Applicant: L. Martinez & L. Pittman Property Description: Pt Lt 7, Plan 40M-1447 Now Pt 3, 40R-10628 City Development (1315 Anton Square) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 21, 2019 L:\ Planning \01-M a p F i l e s\PCA\2019 cry oh DICKERING Report to z3 Committee of Adjustment Application Number: P/CA 49/19 Date: September 11, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 49/19 Pickering Developments (401) Inc. North West Corner of Bayly Street and Church Street Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 7404/15 to permit: a minimum 0.7 parking space per gaming position parking rate for gaming establishment/casino, whereas the b(y-law requires a minimum parking rate for gaming establishment/casino of 1.0 space per gaming position; • a minimum 0.8 parking space per guest room for hotel; plus 10.0 spaces per 100 square metres of non-residential gross floor area used for public use including meeting rooms, conference rooms, recreational facilities, dining and lounge areas and other commercial facilities, but excluding bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairways and recreational facilities directly related to the function of the overnight accommodation, whereas the by-law requires a minimum parking rate for hotel of 1.0 space per guest room; plus 10.0 spaces per 100 square metres of non-residential gross floor area used for public use including meeting rooms, conference rooms, recreational facilities, dining and lounge areas and other commercial facilities, but excluding bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairways and recreational facilities directly related to the function of the overnight accommodation; and • a minimum 0.7 parking space per 100 square metres of gross floor area for film studio, whereas the by-law requires a minimum parking rate for all other uses of 4.0 spaces per 100 square metres of gross leasable floor area. The applicant requests approval of these variances in order to vary the parking rate for gaming establishment/casino, hotel and film studio within By-law 7404/15. 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. 24 Report P/CA 49/19 September 11, 2019 Page 2 Background Subsequent to the circulation of the Notice of Public Hearing, the applicant informed staff that in addition to varying the parking rate for film studio, the applicant is also requesting to vary a term within the parking provision. The request is to permit a minimum 0.7 parking space per 100 square metres of gross floor area for film studio whereas the Notice read, "a minimum 0.7 parking space per 100 square metres of gross leasable floor area for film studio". Comment Official Plan and Zoning By-law Pickering Official Plan Designation — "Employment Areas" — "Prestige Employment" and "Mixed Employment", and "Open Space Areas — Natural Areas" within the Brock Industrial Neighbourhood Zoning By-law 2511, as amended by 7404/15 — "UR" and "MTD(H-2)(H-3)" Conforms to the Intent of the Official Plan The majority of the lands are designated "Prestige Employment" while the "Mixed Employment" designation is located along the north side of Bayly Street. The lands designated "Open Space System — Natural Areas" are located in the southwest corner of the subject lands. A casino, hotel, arena, and film studio within the "Prestige Employment" designation are permitted uses and therefore conforms with the Official Plan. Conforms to the Intent of the Zoning By-law The lands that are subject to the Durham Live development (casino, hotel, arena and proposed film studio; see Exhibit 2) are zoned MTD(H-2)(H-3) by By-law 7404/15. The Holding (H-2) and (H-3) symbols limit the amount of development that can occur on the property prior to, amongst other matters, road improvements and agreements. Before lifting a Holding (H) symbol, appropriate agreements and technical studies will be required to the satisfaction of the City of Pickering, the Region of Durham and/or the Province of Ontario, as necessary. The applicant has completed an analysis of parking standards to determine revised parking rates for hotel, casino and film studio. The analysis completed proposes stand-alone parking rates for each use. Table 1 calculates the required parking based on the existing parking rates and the proposed parking rates. In addition, Table 2 demonstrations there will be sufficient parking spaces for the hotel, casino, arena and film studio based on the proposed parking required for these uses. Staff recognize there is a reduction of 1,753 parking spaces. Staff also recognize that persons staying in the hotel will be visiting the casino or attending a performance within the arena (performance venue), and therefore a reduced parking rate for all of these uses are justified. The justification for the reduced parking for the film studio is discussed below. The existing parking rate for hotel, not including non-residential area (meeting rooms, kitchen recreational facilities, etc.), is 1.0 space per room. The applicant has proposed a revised parking rate of 0.8 spaces per room based on an analysis of stand-alone hotels in Brampton, Oakville and Mississauga. The City is satisfied with the applicant's analysis and conclusion of reducing the parking rate to 0.8 spaces per room. Report P/CA 49/19 September 11, 2019 25 Page 3 The applicant is proposing a parking rate of 0.7 parking spaces per gaming position for gaming establishment/casino. An analysis was completed on six casinos, four of which are in Ontario and two of which are in the United States. The average peak hour parking rate is 0.7, and therefore staff is satisfied with the request for a parking rate of 0.7. When the Ontario Municipal Board approved By-law 7404/15, the parking rate for film studio was not an independent category; it was categorized as "all other uses". The parking rate for "all other uses" is 4.0 space per 100 square metres of gross leasable floor area. At the time the By-law was written, a film studio was not a proposed use. If it was proposed at that time, staff would have proposed a reduced parking rate based on an analysis of existing film studios. Staff have reviewed the analysis submitted with the application and support the reduced parking rate of 0.7 spaces per 100 square metres of gross floor area. The applicant is also requesting a change in the proposed variance regarding a term used within the provision to permit a minimum 0.7 parking space per 100 square metres of gross floor area for film studio whereas the Notice read, "a minimum 0.7 parking space per 100 square metres of gross leasable floor area for film studio". The use of gross floor area to calculate required parking results in slightly more required parking spaces than when gross leasable floor area is used. Gross floor area is the aggregate of all floor areas of a building but excludes any porch, veranda, cellar, mechanical room or penthouse. Gross leasable floor area only includes the floor area designed for tenant occupancy and exclusive use. As the use of gross floor area results in more required parking, staff support the request for this correction without further public notice. Table 1: Existing Parking Requirements versus Proposed Parking Requirements Use Existing Parking Rate Required Parking Proposed Parking Rate Proposed Parking Hotel 1.0 space per guest room; 1 275 . 0.8 space per guest room; 1 220 Gaming Establishment/Casino 1.0 space per gaming position 3,300 0.7 space per gaming position 2,310 Arena 1.0 space per 4 fixed seats 625 1.0 space per 4 fixed seats 625 Film Studio 4.0 spaces per 100 square metres of gross leasable floor area 859 (based on calculation using square metres of gross floor area) 0.7 spaces per 100 square metres of gross floor area 151 TOTAL 1 5,059 1 3,306 1 plus 10.0 spaces per 100 square metres of non-residential gross floor area used for public use including meeting rooms, conference rooms, recreational facilities, dining and lounge areas and other commercial facilities, but excluding bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairways and recreational facilities directly related to the function of the overnight accommodation 26 Report P/CA 49/19 September 11, 2019 Page 4 Table 2: Proposed Parking Parking Areas # of Parking Spaces Phase 1 Parking Parking 1 1,190 Parking 2 1,564 Surface Parking 848 Film Studio Parking 164 Parking Required by By-law 7404/15 3,766 Parking Based on Requested Variances 3,306 The request to reduce the parking rate required for gaming establishment/casino, hotel and film studio maintains the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land The minimum required parking rates within Zoning By-law 2511, amended by By-law 7404/15, are based on research completed in 2015. The applicant is requesting to vary the parking requirements for Hotel, Gaming Establishment/Casino and Film Studio based on recent research and analysis. Staff are comfortable with the Transportation Demand Management measures proposed by the applicant during a rare peak event (i.e., comprehensive management of production schedule, carpooling, shuttles to/from local GO Rail station, etc.), and therefore is of the opinion that the requested variances are desirable for the appropriate development of the land. Minor in Nature The proposed variances will not have significant impact on neighbouring properties, and are considered a minor change to the existing site-specific zoning by-law for Pickering Developments (401) Inc. Conclusion Staff is of the opinion that the requested variances reducing the parking rate required for gaming establishment/casino, hotel and film studio are desirable for the appropriate development of land, maintain the intent and purpose of the Official Plan and Zoning By-law, and are minor in nature. Input From Other Sources Engineering Services e no comments on the application Toronto and Region Conservation Authority • no comments on the application Building Services • no comments on the application Report P/CA 49/19 September 11, 2019 27 Page 5 Date of report: September 4, 2019 Comments prepared by: Tanjot Bal Planner I TB:DW:so Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:\Documents\DevelcpmentND-3700 )20191PCA 49-19 Pickering Developments (401) Inc17. Report\PCA 49-19 Report.doc Attachment Exhibit 1 Finch—Avenue 7 Denma a 0 0 0 Z \„,\ Town of Ajax ay y. ree city 4 PICKERING City Development Department ' l0 a 0 m cr (1) (0 N Clements Road • Subject Lands 0 cu _ _ S 0 0 U 1 0 licone j Town of Ajax Location Map File: P/CA 49/19 Applicant: Pickering Developments (401) Inc. Property Description: Pt Lots 15-17, Con 1, now Pts 1-4, 40R-5623, and Pts 1-3)) 40R-8440 01 he Corperepon of the City of lickenng Produced On part) under Acense Som:O Queens Pnnler, Ontano M,nislry of Natural Resources. All rights reser ved ,p Her Majesty the Ouee n In Right of Canada, Department of Natural Resources. All rights reserved.; Terenet Enterprises Inc. and Its suppliers Alights reserved.; ® Municipal Property Assessment Corporal km and As sup Ow's all rights reserved.; SCALE: 1:15,000 THIS IS NOTA PLAN OF SURVEY Date: Aug. 22, 2019 LAPLANNINGl01.MapFlIesWCAVOIS1PCA 49-tS Pickering Developments (401) IncWCA49-19_LocalbnMap.mxd 29 Exhibit 2 m?:• i r1. N FUTURE \ ^ :FILM STUDIO; a EXPANSION/ T 0 PICKERING CASINO RESORT DO SAYLY STREET` ' f fl n !tneAcs FAME. 3 \FUTURE DEVELOPMENT 1 .00K 1 4; 1 FUTURE DEVELOPMENT BLOCK FUTURE EVELOPMENT BLOCK • \\FUTURE DEVELOPMENT FLOCK PICKERING City Development Department Concept Plan File No: P/CA 49/19 Applicant: Pickering Developments (401) Inc. Property Description: Pt Lots 15-17, Con 1, now Pts 1-4, 40R-5623, and Pts 1-3, 40R-8440 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Aug 30, 2019 L:\Planning\01-M apFiles\PCA\2019 30 c4 DICKERING Report to Committee of Adjustment Application Number: P/CA 50/19 Date: September 11, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 50/19 1020 Brock Road South Inc. 1020 Brock Road Application The applicant requests relief from Zoning By-law 2511, as amended, to expand the list of permitted uses on the subject property to include a Place of Amusement (virtual reality entertainment centre) whereas the by-law does not list Place of Amusement as a permitted use. The applicant requests approval of this variance in order to permit a Place of Amusement use at the subject property. 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 subject property to a maximum gross leasable floor area of 175 square metres, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 11, 2020, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan "Employment Areas — Mixed Employment" within the Brock Industrial Neighbourhood Zoning By-law 2511, as amended — "M1" Storage & Light Manufacturing Report P/CA 50/19 September 11, 2019 31 Page 2 Conforms to the Intent of the Official Plan The property is designated "Employment Areas — Mixed Employment" within the City's Official Plan. This designation permits recreational uses with similar performance characteristics that are most appropriately located in the employment area. A Place of Amusement use to facilitate a virtual reality entertainment centre is appropriate in this designation. Conforms to the Intent of the Zoning By-law The "M1" zone of Zoning By-law 2511, as amended, permits uses that are in conformity with the City's Official Plan. Since a Place of Amusement is not permitted as of right in this zone, approval of the use must be obtained through a variance. A Minor Variance was approved at this property in 1978 (P/CA 11/78) to permit 118 parking spaces. The applicant's submitted plan shows a total of 131 parking spaces being provided. The applicant has indicated that one Place of Amusement (virtual reality entertainment centre) is being proposed in a unit with a gross leasable floor area of 175 square metres. Staff are recommending, as a condition of approval, a maximum gross leasable floor area of 175 square metres for a Place of Amusement. The existing parking lot provides an adequate amount of parking spaces since the proposed use is more likely to peak during evenings or weekends when other light manufacturing uses are typically closed. Desirable for the Appriopriate Development of the Land This use is desirable for the appropriate development of the land as it contributes to bringing the Zoning By-law further into conformity with the Official Plan designation. Minor in Nature The introduction of a Place of Amusement for a virtual reality entertainment centre will not have an adverse impact towards the surrounding land uses and therefore, is minor in nature. Conclusion Staff is of the opinion that the proposed variance is desirable for the appropriate development of the land, is minor in nature, and conforms to the intent and purpose of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services • No comments on the application. Building Services • Interior alterations have taken place against the direction of Building Services. An Order to Comply has now been issued against the property as a result. Provisions for life safety (by way of Building Code and Fire Code) have not been confirmed as construction has taken place without inspections. 32Report P/CA 50/19 September 11, 2019 Page 3 Development Liaison Date of report: September 5, 2019 Comments prepared by: Felix Chau Planner I FC:DW:nwb • This office supports this request, finding it in keeping with an anticipated transition of uses, already underway in this light industrial neighbourhood. It i's anticipated as the Durham Live Entertainment District opens, the City will experience more interest in establishing a variety of secondary, offsite commercial services. • This type of small scale, entertainment service is compatible to the other Tight industrial and commercial uses in the neighbourhood. The entertainment uses are more likely to see peak use in the evenings and on weekends. This can lessen the potential for adversely affecting the operating hours of commercial and industrial uses, many of which operate during daytime hours. Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:\Dacumenls\Development D-3700\2019\PCA 50-19 1020 Brock Road South InclReport\RCA 50-19 Reportdoc Attachments Exhibit 1 33 Recreation Complex Diefenbake— r�_ ?` C ance Road Diana • Princess Of Wales Park 4411111411% Portland Co //IICourt Village East Park 'O (0 O i9h�a`l q01 '/ Subject Lands Plummar Strati co vl 0: Oi O ■ a T Quartz Street ■ Bayly Stree ❑on.Beer Arena illingham Road 1 1 Quigley Street_, Orangebrook Court CelY 4 Location Map File: P/CA 50/19 PICKERING City Development Department Applicant: 1020 Brock Road South Inc Property Description: Con 1 Pt Lot 19 Now 40R-4686 Pt Part 1 (Save and Except 40R-27678 Part 2) (1020 Brock Road) E The Carporauon ofthe City of Pickering Produced pn part) under license from: tl Queens Printer, Ontario Mims by of Natural Resources. SCALE: Ali rights reseed.yR Her Mefesty the Queenin Right of Canada, Department of Natural Resources. Al Aghts reserved.; Date; Aug. 19,2019 OTeranel ENerprises Inc. and its 'upsilons an rights reserved.; 0 Alurdelpal Properly Assesamenl Corporation end 0s supplers off rights reserved.; THIS IS NOT A PLAN OFSURVEV._ ILIPLANNING101-MaphgeslPCA 120191PCA 50-151 1020 Brock Road South IneWCA50-19 LocalbMAap.msd Exhibit 2 w Plumnier'Strfeet R To expand the list of permitted uses on the subject property to include Place of Amusement (virtual reality entertainment centre) •4( t 11_ by 5o6oscs It o 0 o TOWN) OF PICKERING APPROVED MGM 6> J A.SILVR atax IV 8.01. B. AJDTA101 PINI 'Pe C• 4USN0 Pl11E- 14,11' FR a,..cs G .M� �C?. PENIS BOWAM(N ANCIIIII;C1 PIANNIN PICKERING City Development Department Site Plan File No: P/CA 50/19 Applicant: 1020 Brock Road South Inc Property Description: Con 1 Pt Lot 19 Now 40R-4686 Pt Part 1 (Save and Except 40R-27678 Part 2) (1020 Brock Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Aug 27, 2019 L:\Planning\ 01-M a p F iI es\ P C A12019 Exhibit 3 1 C� ST 17 u csoeGwcc.. OWN OF •P W'KERINCS PL:.rU Uri _ .T1,N; APf C DENIS`:BOWMAN ARCHITECT -PLANNER' C.GGLI G� PICKERING City Development Department Elevations File No: P/CA 50/19 Applicant: 1020 Brock Road South Inc Property Description: Con 1 Pt Lot 19 Now 40R-4686 Pt Part 1 (Save and Except 40R-27678 Part 2) (1020 Brock Road) FULL SCALE COPIES OF THIS PLAN AREAVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Aug 27, 2019 L:\Planning\01-Map Files\P CA\2019 36 any DICKERING Report to Committee of Adjustment Application Number: P/CA 51/19 Date: September 11, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 51/19 M. Adham 198 Twyn Rivers Drive Application The applicant requests relief from Zoning By-law 3036, as amended, for the following provisions: • to permit the existing accessory structure (Accessory Building) which is not part of the main building to be located in the front and westerly side yards, whereas the by-law requires all accessory buildings which are not part of the main building be erected in the rear yard; • to permit human habitation in the existing accessory structure (Accessory Building), whereas the by-law does not permit human habilitation in an accessory structure; and • to permit an accessory dwelling unit in the existing accessory structure (Accessory Building) subordinate to a detached dwelling provided a) a total of three parking spaces are provided on the property where the accessory dwelling unit is located, b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres, and c) a home-based business is prohibited in either dwelling units on this lot; whereas the by-law permits an accessory dwelling unit within a detached dwelling or semi-detached dwelling only. The applicant requests approval of these variances in order to recognize an accessory dwelling unit in an accessory structure (Accessory Building). Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the accessory building, 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 accessory building and/or accessory dwelling unit as determined by Building Services by September 10, 2021, or this decision shall become null and void. Report P/CA 51/19 September 11, 2019 3 7 Page 2 Background Staff have been unable to verify the exact date of construction for the accessory building. However, the accessory building in its current condition can be seen in 1993.aerial photos. Additionally, the accessory dwelling unit (ADU) in question is recognized in Municipal Property Assessment Corporation (MPAC) with a build date of 1995. It should be noted that within Zoning By-law 3036, the no human habitation in detached accessory buildings provision was introduced in March 1997. Additionally, ADU provisions were added to the By-law in November 2004. Staff will have regard for the construction dates relative to the introduction dates of certain provisions within Zoning By-law 3036. Comment Official Plan and Zoning By-law Pickering Official Plan "Urban Residential Areas — Low Density Areas" within the Rougemount Neighbourhood Zoning By-law 3036, as amended —,"R4" 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 and accessory dwelling units. The requested variances are to facilitate an accessory dwelling unit. Conforms to the Intent of the Zoning By-law Accessory structure located in the front and westerly side yards: The intent of the requirement for accessory structures to be located in the rear yard is to maintaina visually attractive front yard and streetscape, and maintain an adequate separation distance between buildings. The main building is setback significantly from the front property line. Having the accessory building in the front and side yard will not adversely impact the streetscape as it is generally in line with the main building. The main and accessory buildings are both situated significantly further back on the lot relative to the location of neighbouring dwellings. Adequate separation is maintained between buildings on neighbouring properties given the large front yard setback. Additionally, there is no immediate rear yard neighbour, as the property backs onto a rail line. 38 Report P/CA 51/19 September 11, 2019 Page 3 To permit human habitation in an accessory building and to permit an ADU in an existing accessory structure subordinate to a detached dwelling: The Planning Act, 2018 permits ADU's within a building or structure ancillary to detached, semi-detached, and row houses provided that the primary dwelling does not contain a second unit. It requires municipalities to update their zoning by-laws to reflect the requirements of the Planning Act. Since the City has not amended the zoning provisions for ADU's within Zoning By-law 3036, the applicant is required to submit an application to the Committee of Adjustment for a minor variance. As mentioned in the Background section of this report, MPAC recognizes the ADU with a build date of 1995. The provision to prohibit human habitation within detached accessory buildings (Section 5.18(f)) was introduced to By-law 3036 in 1997. Additionally, ADU provisions (Section 5.32) restricts all ADUs to be contained within a detached or semi-detached dwelling. Section 5.32 of Zoning By -law -3036 was established in 2004. The ADU predates the establishment of these provisions, however, a variance is required to recognize the ADU as a permitted use. The existing property has sufficient parking for 3 vehicles. The accessory building which contains a garage along with an ADU is 77.2 square metres in size. It will not have a home-based business in either dwelling unit. Desirable for the Appriopriate Development of the Land Staff support ADUs as a form of housing within the City, provided Building Services has issued a permit. In order for a permit to be issued, the ADU must adhere to the Zoning By-law, Ontario Building Code and Fire Code. Building Services will consider an application for an ADU, therefore staff is of the opinion that the requested variance to obtain a permit for an ADU is desirable for the appropriate development of the land. Minor in Nature The request to obtain a permit for an existing ADU within an accessory building is not anticipated to have any negative impact on the surrounding area and is considered to be minor in nature. Conclusion Staff is of the opinion that the requested variance to permit an ADU in an accessory building is desirable for the appropriate development of the land, is minor in nature, and maintains the intent and purpose of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services Building Services • no comments on the application • alterations have taken place without a building permit • garage not to be inhabited until authorized by the City 39 Report P/CA 51/19 September 11, 2019 Page 4 Date of report: September 5, 2019 Comments prepared by: Felix Chau Planner I FC:DW:nwb Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:1Documents\Development\D-3700120191PCA 51-19 M. AdhamlRepodlPCA 51-19 Repod.doe Attachments Exhibit 1 m 0 0, o' U, 0 Hogarth Street a4 Sweetbrier Court 0— 2' 11Woodview Tot Lot 17 0 0 11 Senator Street m 0 Lancrest Street °' — m 11 111111111�,, Waterford Gate MOE 4,1 111111111= Subject Lands Lawson Street CD 0 ti' 0 0 0 0 1111111111111111 -o 0' 0 • tOrn c"�d Court N /(*) 0 C 5 0 0 INIMMINIIIM 4 Twyn Rivers Drive Rouge Valley Park Howell Crescent ,0 St. Monica's Separa te School Di'1111111111111____Rch r son Street -'111111111111= o rni11I111111111111 via "Ima 1"" smi 11111: �l StoverCrescent !IIHIH111 .1111111111111 L ittleford Street CO0 -1�Immo m C 17 u'� Cr 4 Location Map File: P/CA 51/19 PICKERING City Development Department Applicant: M. Adham Property Description: Plan 282 Lot 7 Now Plan 84 Part 3 (198 Twyn Rivers Drive) D The Corporation of Cie City of plcknng Produced lin pen) under license from:0 Queens Pnnter, Ontario ).1o,ovy of Natural Resources. e Queen In of Canada, Department of Natural Resources. AI rights reserved.; al rights reserved.i0 Her Majesty mn R OTeranel Enterprises Inc. and lis auppil^_rs all rights reserved.;®Municipal Property Assessment Corporatbn and As suppliers all rights reserved.; SCALE: 1:5,000 THIS IS NOT A PIAN OF SURVEY Date: Aug. 19, 2019 LAPIANNING101-MapFilesWCA120191PCA 51-19 M.AdhammPCA51-19_Locationhlapmxd Exhibit 2 41 1. To permit the existing accessory structure (labelled "Accessory Building") which is not part of the main building, to be located in the front and westerly side yards 2. To permit human habitation in the existing accessory structure labelled "Accessory Building" 3. To permit an accessory dwelling unit in the existing accessory structure labelled "Accessory Building", subordinate to a detached dwelling provided: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling units on this lot; (d) an accessory dwelling unit is not permitted within an accessory dwelling that is permitted in Rural Agricultural Zone. PICKERING City Development Department Site Plan File No: P/CA 51/19 Applicant: M. Adham Property Description: Plan 282 Lot 7 Now Plan 84 Part 3 (198 Twyn Rivers Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Aug 26, 2019 L: \ P I a n n i n g101 -M a p F i l e s\ P C A\2019 42 cra �h DICKERING Report to Committee of Adjustment Application Number: P/CA 52/19 Date: September 11, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 52/19 1262847 Ontario Limited 3260 3280 Highway 7 Application The applicant requests relief from Zoning By-law 3037, as amended by By-law 2623/87 to permit a pet supply retail and service establishment, whereas the by-law permits a vehicle sales or rental establishment. The applicant requests approval of this variance in order to permit a pet supply retail and service establishment. Recommendation The City Development Department considers the requested variance to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the existing commercial building, as generally sited and outlined on the applicant's 'submitted plan (refer to Exhibit 2). 2. That the applicant repaint the parking area to provide a minimum of 30 parking spaces and a minimum of 2 accessible parking spaces (1 Type A Spaces and 1 Type B Space), by September 11, 2020 or this decision shall become null and void. Background In 2010, the Committee of Adjustment approved an application to permit a Flooring and Carpeting Retail Establishment (Monster Flooring) in the building subject to this application. The Committee agreed with the staff recommendation that a flooring and carpeting business is similar and will have a reduced land use impact on the surrounding properties compared to a vehicle sales or rental establishment. Recently the business, Monster Flooring, has vacated the building. A prospective tenant is interested in renting the building for a use similar to vehicle sales or rental establishment. This new tenant is seeking relief from the uses permitted within the site specific by-law (By-law 2623/87) in order to permit a pet supply retail and service establishment. Report P/CA 052/19 September 11,2019 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan Designation — "Rural Hamlet" within the Kinsale Settlement Zoning By-law 3037, as amended by By-law 2623/87 — "CL -CA" Conforms to the Intent of the Official Plan The subject property is within the rural settlement of Kinsale. Majority of the lands are designated to permit residential uses, however the subject property is designated Hamlet Commercial to permit commercial uses, which are suitable for the site and the character of the village. The prospective tenant is proposing to use the existing, vacant commercial building as a pet supply retail and service establishment. The commercial use is suitable for the site and no alterations are proposed to the exterior of the building. The proposed variance conforms to the intent of the Official Plan. Conforms to the Intent of the Zoning By-law The prospective tenant is proposing to utilize the existing commercial building as a pet supply retail and service establishment. Twenty-five percent of the building (or 234 square metres) will be used for packaging of pet food, fifty percent of the building (or 468 square metres) will be used as retail space available to the public, and the 'remaining twenty-five percent of the building may be used for future pet grooming services. The proposed use of the commercial building has been described by the prospective tenant as "pet food packaging, distribution, retail sales, ancillary petproducts and grooming services". Staff find the proposed use is similar to a flooring and carpeting business and similar to a vehicle sales or rental establishment. The prospective tenant has indicated that in addition to the two business owners, the business may employ up to 12 full-time employees and the site can accommodate 30 to 40 parking spaces. The existing parking area has five painted parking spots and one loading area adjacent to the main entrance, and 15 parking spaces adjacent to Highway 7. There is sufficient space between these parking spaces to accommodate additional parking. The general parking provisions within the zoning by-law require 5.5 spaces per 93 square metres of gross floor area accessible to the public. Staff recommend a minimum of 30 parking spaces for employees and customers be available for the proposed business. Desirable for the Appriopriate Development of the Land and Minor in Nature The subject property is currently occupied by two commercial buildings. The building to the west is occupied by a vehicle repair facility and.a recreation vehicle sales/service business, and the building to the east is currently vacant. Sufficient parking for each commercial building is provided in the front yard. There is an easement registered on title between the buildings, providing access to the residential property to the north. 43 44Report P/CA 052/19 September 11, 2019 Page 3 Previously a non -vehicle related commercial use (floor and carpet retail) was permitted through a variance, and there were no adverse impacts to the surrounding uses. The proposed use is similar to the past tenant, and therefore staff is of the opinion that a pet supply retail and service establishment is appropriate development of the land and minor in nature. Conclusion Staff is of the opinion that the requested variance to permit a pet supply retail and service establishment 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 • no comments on the application Building Services • no comments on the application Central Lakes Ontario Conservation • no comments on the application Authority (CLOCA) Ministry of Transportation Date of report: September 4, 2019 Comments prepared by: Tanjot Bal Planner I TB:DW:nwb • comments have not yet been received Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:1DocumentslDevelopmentlD-3700\2019WCA 52-19 1262847 Ontario Ltdl5. Report PCA 52-19 Repod.doc Attachments Exhibit 145 Highway 407 i 1 tv c •-o CT) Subject Lands Pv•v•e•v•v4 Highway7r to 0 CO tv -a 4 Location Map File: P/CA 52/19 n G DICKERING City Development Department Applicant: 1262847'Ontario Ltd Property Description: Concession 6 South Part Lot 3 (3260 3280 Highway 7) 0 the Corparaeon of the City of Pickering Produced fin pug under Femme from:4l Queens Pnrder, Ontano Ministry of Natural Resources. 411 rights res erved.NO Her Majesty the the De n In Right of Canada, Department of Nates I Resources. AI rights reserved.; >d Terenet Enterpdses Inc. and Its supp(n all rights reserved.; ® Municipal Property Assessment Corporation and 2s supp8en all rights reserved.; SCALE: 1'10,000 ' THIS IS NOTA PLAN OF SURVEY. Date' Aug. 19, 2019 L:PLANNINGI01-MapFSes1PCA12019WCA 52.19 12 6264 7 Ontario Ltd\cCA52-19 LocalionMapmtd Exhibit 2 " _i. To permit a pet supply retail a FENCE 6 ► /JNE a fir Ta'f3allEM} 68:29 coarE MOH47EtSET) .oR sale a e3.41 s 69 and service establishment PEACE POST 0-473E x:s?'o•sapre 9 • •23 -- 4 •.01 A RT 2 ISA KM) .� Lti . FENCE (1470•2 = E H9'CaOWi147a 01838821 •UNgt'i 0101147 $ /A'S:' • A'= 02$4753 QIYO & m A Ot83862a sALAS.3 ec K9' tt 2zt- a' 01 cof 4K. o 14 -71 S.. itc�\ - . ti �7 vi ins/a ," -� Ci t1 ca .4= m r, ___._ : _,�,__ PART V" atm ® ... N .© .U` .4-� vt�Q2 I 9f9 9Q' As.r $►O d`\ viii POT_ !2 1 -- FENCE17.13-14, ... C1 5,.E &VOLE OF i's„ 4 y �9J �$ "'va° i • 69IliEAtJ SIELULtt)i (et .21 . 2�i " :. _ LOT'J• CLW S t�ccOROW67a�aNs-tori ��� TIfA,F,03 _ .� 4 �� . .t i ati$7: Ale ;0317 LB 1 vim Aost-aeG91 MATE D101147 Loaet.Jaip-'1 ateE e 7.. �r119r T:J210'3p�'EW14T&�2i3 it'i73'O6'40'�ElNSg. 0101 tail E �� 17 ski n 11 • 7799 V 1114/11 Al? -1. " L7P_"T"•72/1= er'A f •`►^wlwp••uoft ,.- A 1.'4 r .+ Site Layout File No: P/CA 52/19 o PICKERING Applicant: 1262847 Ontario Ltd Property Description: Concession 6 South Part Lot 3 City Development (3260 3280 Highway 7) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 21, 2019 L:\Planning\01-M a p Fi l es\P CA\2019 e4 PJCKERJNG 47 Report to Committee of Adjustment Application Number: P/CA 53/19 Date: September 11, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 53/19 W. Bouman 968 Essa Crescent Application The applicant requests relief from Zoning By-law 2520, as amended, to permit a rear yard depth of 4.8 metres for an uncovered platform, whereas the by-law requires 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to facilitate the construction of an uncovered platform. 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 uncovered platform, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by September 11, 2020, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan "Urban Residential Areas — Low Density Areas" within the West Shore Neighbourhood Zoning By-law 2520, as amended — "R4" 48 Report P/CA 53/19 September 11, 2019 Page 2 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 additional amenity space for a single detached dwelling. 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 4.8 metre setback to facilitate an uncovered platform for a single detached dwelling will enhance the available amenity space in the rear yard. Adequate space for maintenance in the rear and side yards will be maintained. Desirable for the Appriopriate Development of the Land The proposed uncovered platform will enhance the available amenity space in the rear yard of this property. It is desirable for the appropriate development of the land. Minor in Nature The property is adjacent to a City -owned park at the rear. The southerly side yard is adjacent to a City -owned path. The subject dwelling is situated closer to the rear lot line than the dwellings on the properties immediately north of the subject property. The existing dwelling is setback approximately 7.8 metres from the rear property line. As such, the encroachment in the rear yard is partially a function of the location of the dwelling as the required 7.5 metre setback would leave only 0.3 metres for an uncovered platform to comply, this would be insufficient to be considered usable space. Unlike the front and side yard setbacks, Zoning By-law 2520, as amended, does not permit structures to project into the required rear yard setback. The uncoveredplatform is proposed to be 3.0 metres in depth which is appropriate relative to the size of the dwelling and the property. In addition, the proposed uncovered platform maintains appropriate amenity space in the rear yard. The proposed uncovered platform is considered minor in nature. 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. Report P/CA 53/19 September 11, 2019 Page 3 Input From Other Sources Engineering Services Building Services Property Owners of 962 Essa Crescent Date of report: September 5, 2019 Comments prepared by: Felix Chau Planner I FC:DW:nwb J:1Docaments\DevelopmentlD-3700120191PCA 53-19 W. Rodman \ReportlPCA 53-19 Report.doc Attachments • No comments on the application. • The structure has been constructed beyond the scope of the existing building permit. An Order to Comply has been issued against the property. A building permit is required to reflect the new construction. • Concerned that the deck was constructed without a building permit. • Concerned that the deck is asymmetric and should have been constructed on the south side of the house, which would have less of an impact towards the northerly neighbour. • Suggests that a deck across the back wall of the house with the same width as the existing landing would have approximately the same area and would be much more visually appealing from the park view. • Concerned that the house is imposing and the final deck should fit in with the least amount of increased park -side profile, especially because it is high relative to the rest of the community. Deborah Wylie, MCIP, RPP Principal Planner, Development Review 49 R0 Exhibit 1 ise 0 t6 e U) U) t3 0 Lynx Avenue Q o 11Mrsionossaissis matatilionorra IIIIiI••I s Gardens Nom 1111/ 4 i'� 0 a,�111" Glen Ravane Ba shore Court Park y ► �I -1 �� tI CI ►i . m.tir• � r• Sig# bibmom ee2Y —m —_ id -- a1 Frenchman's Bay Public School co Oklahoma Drive • lob 1.1= Noma 1.1.= mum IIIIN Mink Street Bruce Hanscombe Park Subject Lands 4 Location Map File: P/CA 53/19 PICKERING City Development Department Applicant: W Bouman Property Description: Lot 585, Plan M18 (968 Essa Crescent) Date: Aug. 26, 2019 '91he Corporator, el the Cty of Puttering Produced en pan) uderIcense front 0 Queens Printer, Ontano Msnsry of Natural Resources. All rights reserved.;0 Her Majesty tiro Queen H Right of Canada, Department of Natural Resources. All rights reserved.; DTeranet Enterprises Inc. and As suppiters al rights reserved.;OAt nHipal Property Assessment Corporation and As suppIRrs al rights reserved.; SCALE: 1:4,000 THIS 15 NOT A PLAN OF SDRVEY LtPLANNING101.MepFiestPCA120191PCA534 9 W. EoumantPCA53-19 LomIHHIep.nud Exhibit 2 F: 1" cM11•ALP 10.?, '-- '45'W :x;: j -514L1 ,]S';RLF ii 4- .; 1F `,�_ry tt vl`_.___ -0-, ' ~t:[N,!£ 4Y,;i,i'l' ,• „.�-LjF ll I --6 TP 1 .'m'..7: c 17;. i'�tF ( -mac=. e , P1, i/ %%PTN 263 ..7..' _ X0/14A el -� ac7; 'I iF i, !` t •I•=�f>��a yi'Ca- tt '--3 Imo. (f G .79. r= ^.'D t c;;a'�,gI-=C . ' r t ' 3US: LOT 586 PIN 253!9 — 0114 (LT) 4114 t• .,t.T� u !q`iel_ �1 tip " 0 r^. ^'20PCcL D'9f.Q RE:F f P. -+-, 7S. El $t'f[1f2Er•':- 1 ,' <UNDER CONSTR CTIDN) ti c FFF eft , f .., .66 7B, 1f!! ' 79.7: zr 074 11.015 +75.09 ,- 78:Y2; A• 76, 90 f C'r• "-"�` .ra; -'-- .—._T{_ + 7�v �. �'i• �� I "z:=? 7 sh A.: �;:._.� I? •t 79ua NRSkD2`ja5ak• t3048.t' 7e.os ^I., 30.x, ' ?{ reJ 000,60 ee,nrtII A BLOCM< PA PIN 26319 — Dila (LT) Ian 4 HEDGE 'B 777 �v_Fs 4- 71,, 74 To permit a rear yard depth of 4.8 metres (uncovered platform) L t C4. z 0 1- 41:1 C7 Exlsil6k 6 !al T. y (:C/y 06/ PICKERING City Development Department Registered Plan File No: P/CA 53/19 Applicant: W. Bouman Property Description: Lot 585, Plan M-18 (968 Essa Crescent) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITYOF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Aug 27, 2019 C:1 L•\Planning\01-Map Files\PCA\2019 52 4 DICKERING Report to Committee of Adjustment Application Number: P/CA 54/19 Date: September 11, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 54/19 C. Delaney 3435 Audley Road Application The applicant requests relief from Zoning By-law 3037, as amended by By-law 6577/05 to permit an accessory structure (pool house) to be located in the side yard, whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard. The applicant requests approval of this variance in order to obtain a building permit for an accessory structure (pool house). 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 accessory structure (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 September 10, 2021, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan — "Open Space Systems — Natural Areas" Zoning By-law 3037 -- "A" — Rural Agricultural 53 Report P/CA 54/19 September 11, 2019 Page 2 Accessory Structure within the Side Yard Variance The applicant is proposing to construct an accessory structure (pool house) to be located in the south side yard. The proposed pool house is approximately 42 square metres in size and 4.5 metres in height at its peak. Conforms to the Intent of the Official Plan The Official Plan designates the subject lands as "Open Space System — Natural Areas". Lands designated "Natural Areas" are intended to accommodate a variety of conservation uses but also permits residential uses on an existing lot of record. The proposed pool house is accessory to the main residential use, as such, the proposed variance conforms to the general intent of the Official Plan. Conforms to the Intent of the Zoning By-law The subject property is currently zoned "A" within Zoning By-law 3037, as amended. The intent of the requirement for accessory buildings to be located in the rear yard is to minimize the visual impact of accessory buildings on the streetscape and adjacent properties, and to ensure that they are not the most prominent building on the property. An appropriate amount of space is available on the subject lands for the proposed accessory structure to be located within the south side yard while maintaining an appropriate setback from the front and south side lot line. Accessory structures over 10 square metres in size or over 1.8 metres in height size are permitted to be located as close as 1.0 metre from side or rear lot lines. Conversely the pool house will be setback approximately 24 metres from the south lot line, which will ensure the proposed structure will not result in a negative visual or privacy impact on the adjacent property immediately to the south. The subject lands are screened heavily from Audley Road by mature vegetation along the front lot line. Therefore the visibility of the pool house from the street is limited. Additionally, the proposed pool house will be located approximately 77 metres from the front lot line, which ensures an adequate setback is maintained and the proposed structure will not result in a negative visual impact on the streetscape. Based on the foregoing, staff is of the opinion that the requested variance conforms to the general intent of the zoning by-law. Desirable for the Appriopriate Development of the Land The proposed pool house is accessory to the residential use on the subject lands. The existing dwelling on the lands is oriented with the front entrance directly facing the north side lot line. As a result the rear of the dwelling is oriented southerly, with the amenity space being the south side yard. The proposed location of the pool house is appropriate given it is adjacent to the proposed pool and has direct access to the rear of the dwelling. Staff is of the opinion that the requested variance is desirable for the appropriate development of the land. 54 Report P/CA 54/19 September 11, 2019 Page 3 Minor in Nature The proposed accessory structure is significantly setback from the front lot line and south side lot line. As a result, the pool house will not result in a negative visual impact on the streetscape or the adjacent property immediately to the south. The proposed location will provide for the pool house to be in dose vicinity of the proposed pool and have immediate access to the rear of the proposed dwelling. Staff is of the opinion that the requested variance is minor in nature. Input From Other Sources Engineering Services Central Lake Ontario Conservation Authority Date of report: September 4, 2019 Comments prepared by: Cody Morrison PIan nelrl- CM:DW:nwb J:1Documenls\DevelopmentlD-3700t2019tPCA 54-19 C. DelaneykRepodtPCA 54-19 Report.doc Attachments no comments on the application • no objection to the requested application Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 b5 N ► I••••••••••••• ••••••••••••••••••••1•••• • 0••••••••••, •• •••••••••••••Q•�•�•�•�•�•• 1 ••••••••••••••••••••••••••, ►••••••,•••••••••••••—•••—•. Subject Lands N 0 0 0 tv m J 1144t*uuuf>.u1®u111.uum®1 Fifth Concession Road I lummoq.itu.umummisu,nui. u�Iutinm� 1 i 64S Location Map File: P/CA 54/19 PICKERING City Development Department Applicant: C. Delaney Property Description: Part of Lot 2 Concession 5 (3435 Audley Road) Date: Aug. 27, 2019 » The Corporation olgoe Cny of Pickering Produced (in pan) under thence from: to Oueens Printer, Ontario Ihnistry of Natural Resources. AiI rights reserved.;® Her Majesty the Queen In Right of Canada, Department of Natural Resources All rights reserved.; 19 Teranet Enterpr'see Ina and as suppliers al rights reserved .;C Ihunkifial Property Assessment Corporation and as suppikrsa6 rights reserved.; SCALE. 1:12,000 711IS IS NOTA PLAN OF SURVEY, I'PIANNINOI0 pFaes PCA12019PCA5419 C. OeleneyPCA5419_Locationhtep.mnd Exhibit 2 - f - 188, 71 _ —•—, , •— . ._ u ~ 1 v �\' rs o g 1 If =r I Remain. n of Pos! %—% i Wiro +~_< Fence • CONCESSION 5 b a TO REMAIN UNDIYNRDE0 a ea m d. q ', i - .n /HELL SUBACK-T i:= ^. /y r, o 03 I ---::7 PRpPOSEO •LRI�WAT" 101 WELL I TO REMAIN UNDISTURBED T. _1-{ `Re 1E w ..-E T w TO REMAIN UNDISTURBED Ia eats 78.59 — `0. - AREA I eAT0._ 7I { SEPTIC e.Ts J �4'a8L �"h / . '`; T. / . J.31.98e 6 T� ..iso ve ti r 2.0100E0 � DWELLING / •- rFE 12...%O J�9 M 4 ATO ^� ."„� rAaroAv NemeuNa 5,11,'INO PooL --- \�I o- x raaL C PoPle,r0r root PNCE 4..0.112m1 GNAW Le, h'I:H IS' MOON, ALL OL To OPL'V Arta__ ` _._ 11 TO REMAIN UN0107000ED m AR w'CLc POLL TC .I., . A L Pee,. L �CLJ'-LLc9f11 ILATLNIN9. ALL RL^1^.0 t S , OATO..S TO BL` MIN 40' MEN ON-LLIMDADLC 1D 171001N UNOISTURBCD To Moor POOL 0001_ i El ' o Frmoins of Post •, [Intl In. " Fa ._.—,_ E 9 Ice L„_l, _.�.—� w To permit an accessory structure (pool house) to be located in the side yard v� -:� .. -'T 23/.58 " 179.34 # 2420 AUOLEY ROAD Site Pion Site Plan c dl 4 File No: P/CA 54/19 PICKERING Applicant: C. Delaney Property Description: Part of Lot 2 Concession 5. City Development (3435 Audley Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Aug 27, 2019 L:\Planning\01-MapFiles\P CA12019 Exhibit 3 TOP OF(!5Y0 —_— ROOF TOP OF PLATE T/0_FLOOR EXTERIOR SIDING 22'-11" ASHPHALT SHINGLES oTAINEO CEDAR FINISH _.,7 ..„,,,,,,,,,,.. `EAVS AND -- DOWNSPOUTS ALL AROUND FRONT ELEVATION 19'-11" TOP OF (1-5'--?‘ ROOF TOP OF 7-10' PLATE T/0 _ 0':0" FLOOR EXTERIOR SIDING 22'-11" ASHPHALT SHINGLES • 1 a \EAVS AND DOWNSPOUTS ALL AROUND _ REAR ELEVATION _� 19'-11" PICKERING City Development Department Front and Rear Elevations File No: P/CA 54/19 Applicant: C. Delaney Property Description: Part of Lot 2 Concession 5 (3435 Audley Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Aug 27, 2019 L:\Plan nin g\01 -Map Files\PCA\2019 Exhibit 4 G'7 CM 23'-2 7/8" TOP OF / 15U \ _ ROOF -10' c i--. TOP OFT PLATE i 1'-6" 0 EXTERIOR SIDING - I i` T/O _O'= 0" _—_—__ RIGHT ELEVATION FLOOR 7'-31/4" 12'-0" -Y 1` 23'-2 7/8" ----------- ,` 15�-0" TOP OF c M I ROOF =10TOP OF PLATE 1'-6' 0 - I EXTERIOR SIDING i� _ LEFT ELEVATION _ \ 0' _0" T/0 _ FLOOR 12'-0" f T-3 1/4" , Side Elevations File No: P/CA 54/19 ' PICKERING Applicant: C. Delaney Property Description: Part of Lot 2 Concession 5 City Development (3435 Audley Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Aug 27, 2019 L.\Planning\01-Map Files\P CA12019