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HomeMy WebLinkAboutOctober 9, 2019City f, DICKERING Committee of Adjustment Agenda Meeting Number: 10 Date: Wednesday, October 9, 2019 pickering.ca C4 66/ DICKERING Agenda Committee of Adjustment Wednesday, October 9, 2019 7:00 pm Council Chambers 1. Disclosure of Interest 2. Adoption of Agenda 3. Adoption of Minutes from September 11, 2019 4. Reports 4.1 (Deferred September 11, 2019) P/CA 51/19 M. Adham 198 Twyn Rivers Drive 4.2 P/CA 55/19 M. Brown 87 Finch Avenue 4.3 P/CA 56/19 R. Goncalves 2003 Shay Drive 4.4 P/CA 57/19 R. Shute & J. Brooks 1288B Commerce Street 4.5 P/CA 58/19 J. H. Long 1710 Lane Street 4.6 P/CA 59/19 Mattamy (Seaton) 1148 Dragonfly Avenue 4.7 P/CA 62/19 C. MacMillan 971 Mink Avenue 4.8 P/CA 63/19 G. Marquardt & S. Stanleigh 576 Westshore Boulevard 5. Adjournment Page Number 1-15 16-21 22-27 28-33 34-37 38-42 43-51 52-57 58-66 For information related to accessibility requirements please contact: Samantha O'Brien T. 905.420.4660, extension 2023 Email sobrien@pickering.ca Cdy oaf DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 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 Absent Denise Rundle 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Tom Copeland Seconded by Eric Newton That the revised agenda for the Wednesday, September 11, 2019 meeting be adopted. Carried Unanimously Adoption of Minutes Moved by Eric Newton Seconded by Tom Copland That the minutes of the 8th meeting of the Committee of Adjustment held Wednesday, August 14, 2019 be adopted, as amended. Carried Unanimously David Johnson, Chair stated that he will abstain from voting on all applications heard for the Wednesday, September 11 2019 Committee of Adjustment meeting in order.to prevent a tie vote. Page 1 of 15 1 cry DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 4. Reports 4.1 P/CA 47/19 R. & T. Skripka 1042 Longbow Drive 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. 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 Building Services Section stating the structure has been constructed without the benefit of a building permit which is required for this structure. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. The applicant was not present to represent the application. No further representation was present in favour of or in objection to the application. Committee Members stated their interest in posing questions to the applicant, where Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application P/CA 47/19 by R. & T. Skripka, be Deferred to the next Committee of Adjustment meeting to allow for representation to be present. Carried The Committee Members agreed to have this item be brought forward after the applicant and agent arrived late to the meeting. Tatiana Skripka, applicant, and Alexian Dementre, agent, were 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, Alexian Dementre stated construction originally began to repair and improve the existing covered platform structure. Page 2 of 15 DICKERING cdy Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers In response to questions from Committee Members, Tatiana Skripka stated she was unaware a building permit was required for the covered platform, and wishes to comply with all of the by-laws. Tatiana Skripka indicated there is no intention to enclose the structure or have it used as habitable space. Given that the application appears to meet the four tests of the Planning Act, and after consideration of the City Development Department's Recommendation Report, as well as reviewing the responses provided by the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Sean Wiley That application P/CA 47/19 by R. & T. Skripka, be Approved on the grounds that the variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, 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 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by September 11, 2020, or this decision shall become null and void. Carried 4.2 P/CA 48/19 L. Martinez & L. Pittman 1315 Anton Square 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. Page 3 of 15 3 4 64 �6 DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers The applicant requests approval of these variances in order to obtain a building permit for a sunroom and recognize an existing shed. 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 Building Services Section stating the structure has been constructed without the benefit of a building permit, which is required for this structure. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Lewis Pittman, 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 raised by a Committee Member, Lewis Pittman stated he was responsible for constructing the desk, replacing the previous deck with a two foot extension and has no plans for heating or plumbing installation. After consideration of the City Development Department's Recommendation Report, the responses provided by the applicant, and having no objections to the application, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 48/19 by L. Martinez & L. Pittman, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and, in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the sunroom and shed, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 3 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant obtain a building permit for the sunroom by September 10, 2021, or this decision shall become null and void. Carried Page 4 of 15 c4 �6 DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 4.3 P/CA 49/19 Pickering Developments (401) Inc. North West Corner of Bayly Street & Church Street 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 by-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. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval. Written comments were received from the Toronto and Region Conservation Authority stating no comments on the application. Written comments were received from the City's Building Services Section stating no comments on the application. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Page 5 of 15 5 cry DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Don Given, agent, and Tim Arnott, BA Consulting Group Ltd., were 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, Don Given and Tim Arnott stated the multi-level parking structure is to be located at the north-west corner of the subject site off Church Street and Squires Beach Road. An extensive study was conducted by BA Consulting Group Ltd., which further justifies the reduced number of parking spaces, rationalized in comparison to various casinos in the area, GTA and United States. Some locations do exceed the 0.7 parking spaces per gaming position rate, however that should be taken in context of nearby amenities, occupancy and demand; where 0.7 is the prevailing rate. The proposed parking rates are suitable for 3,300 and 3,700 gaming positions, when the H-2 Holding provision is lifted and after the completion of necessary road and traffic improvements. Additional land is available to construct additional parking structures if required. After consideration of the City Development Department's Recommendation Report, and the responses provided by the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application P/CA 49/19 by Pickering Developments (401) Inc., be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. Carried 4.4 P/CA 50/19 1020 Brock Road South Inc. 1020 Brock Road 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. The Secretary -Treasurer outlined the staff recommendation from the City Development. Department recommending approval subject to conditions. Page 6 of 15 Cly �f DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Written comments were received from the City's Building Services Section stating 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. Written comments were received from the City's Development Liaison stating this office supports this request. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Scott Turner, 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, Scott Turner advised the tenant has complied with the Stop Work Order. Interior alterations have begun with a contractor making cosmetic changes, including the removal of interior walls. After consideration of the City Development Department's Recommendation Report, and the responses provided by the applicant, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 50/19 by 1020 Brock Road South 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, 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. Carried Page 7 of 15 7 city �6 DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 4.5 P/CA 51/19 M. Adham 198 Twyn Rivers Drive 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). 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 Building Services Section' stating alterations have taken place without a building permit. The garage is not to be inhabited until authorized by the City. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. The applicant was not present to represent the application. No further representation was present in favour of or in objection to the application. Committee Members stated their interest in posing questions to the applicant, where Eric Newton moved the following motion: Page 8 of 15 DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Moved by. Eric Newton Seconded by Sean Wiley That application P/CA 51/19 by M. Adham, be Deferred to the next Committee of Adjustment meeting to allow for representation to be present and discussion to occur. Carried 4.6 P/CA 52/19 1262847 Ontario Limited 3260 3280 Highway 7 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. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments have not yet been received from the Ministry of Transportation regarding this application. Written comments were received from the Central Lakes Ontario Conservation Authority stating no comments on the application. Written comments were received from the City's Building Services Section stating no comments on the application. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Written comments received from two area residents offering conditions of approval to the application were provided to the Committee members. The suggested conditions related to the requirement for a garbage/waste management protocol, and signage to ensure the private entrance to the neighbouring property is not impeded. David Grant, 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, David Grant stated the intent is to have permits applied for by October 1, 2019, and occupancy by December 2019. Vehicle parking is set at 30 parking spaces, having 2 reserved for accessible parking. Page 9 of 15 9 10 ct5 0� DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Signage installation will be installed as required to ensure the registered access easement is kept clear of parking. A private contractor will be used for waste collection. The use is intended as a wellness centre for animals, to include pet food sales and grooming services. It will not be used as a kennel with overnight stays. David Grant continued to state that he will reach out to neighbours to address the concerns noted. When asked by a Committee Member when the repainting of the parking area can be completed, David Grant indicated it is to be scheduled in the coming months. After consideration of the City Development Department's Recommendation Report, and the responses provided by the applicant, Eric Newton moved the following motion: Moved by Eric Newton Seconded by Tom Copeland That application P/CA 52/19 by 1262847 Ontario Limited, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the existing commercial building, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant repaint the parking area to provide a minimum of 30 parking spaces which includes a minimum of 2 accessible parking spaces (1 Type A Space and 1 Type B Space), by the opening of the business or March 30, 2020, whichever is the earliest, or this decision shall become null and void. Carried 4.7 P/CA 53/19 W. Bouwman 968 Essa Crescent 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. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Page 10 of 15 DICKERING c4 Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers Written comments were received from the City's Building Services Section stating 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. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from 10 different area residents expressing objection to the application and provided to the Committee members. Andrew Palumbo of MHBC Planning Urban Design & Landscape Architecture, and George Kalamaris of Amari General Contracting were present to represent the application. Jagdish and Raji Shukla of Essa Crescent were present in opposition to the application. Edmund and Susan Reaney of Vistula Drive were present in opposition to the application. Richard and Rita Lepka of Essa Crescent were also present in opposition to the application. No further representation was present in favour of or in objection to the application. Andrew Palumbo spoke in support of the application in agreement with the City's recommendation of approval having met the four tests of the Planning Act. Andrew Palumbo distributed photographic surveys and Google Earth images of rear yards and decks (both covered and uncovered) of adjacent dwellings on the street. Jagdish Shukla spoke in opposition to the application stating the construction of the deck should have been taken into consideration and applied for during the construction of the house. The deck has a significant impact on privacy, and obstructs the view of the Shukla's home from their dining room and kitchen window. Jagdish Shukla advised the deck could in fact be constructed on the south side walkout unlike statements indicating it is not possible. Susan Reaney spoke in opposition to the application stating the deck projection does not appear to be minor. Susan Reaney indicated the design of the house indicates a deck is required and it should be constructed on other side of the dwelling by the walkway, where it would have no direct impact on adjacent neighbours. Richard Lepka spoke in opposition to the application reiterating previously stated comments about the deck not being in compliance with the existing by-laws, impeding neighbour's view of the bay, lacking privacy, and feasibility for relocation of the deck on the south side. Page 11 of 15 11 12 cty DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers George Kalamaris of Amari General Contracting spoke in support of the application stating he was unaware a building permit would be required for the construction of a deck. George Kalamaris also stated his firm was responsible for the construction of the house and the location of the existing walkout is the justification for the positioning of the deck in the rear yard over the south side yard. Additionally, George Kalamaris stated the homeowners have no plans to sell the property in the near future. In response to a question from a Committee Member, Andrew Palumbo stated the applicant will look into installing a privacy screen as part of the deck railing that is impacting the neighbours to the north. After consideration of the City Development Department's Recommendation Report, the concerns noted by area residents and the responses provided by the applicant, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Sean Wiley That application P/CA 53/19 by W. Bouwman, 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 platform, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by September 11, 2020, or this decision shall become null and void. Carried Vote Tom Copeland in favour Sean Wiley in favour Eric Newton opposed Page 12 of 15 DICKERING cdy Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 4.8 P/CA 54/19 C. Delaney 3435 Audley Road 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). The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the Central Lake Ontario Conservation Authority stating no objection to the requested application. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Christopher Delaney, applicant, was present to represent the application. Peng Liu of Audley Road also was present to receive additional information on the application. No further representation was present in favour of or in objection to the application. Peng Liu advised he was in attendance of the meeting to raise concerns regarding loud music and noise from a neighbouring property. In response to questions from Committee Members, Christopher Delaney stated the pool house is not habitable and has not been constructed yet, there will be no heating and plumbing, it will be used as a change room and storage of pool equipment. Moved by Sean Wiley Seconded by Eric Newton That application P/CA 54/19 by C. Delaney, 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: 13 Page 13 of 15 14 CGa �6 DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 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 contained in the staff Report to Committee of Adjustment dated September 11, 2019). 2. That the applicant obtain a building permit for the proposed construction by September 10, 2021, or this decision shall become null and void. Page 14 of 15 c4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 11, 2019 7:00 pm Council Chambers 5. Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 9th meeting of the 2019 Committee of Adjustment be adjourned at 8:37 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 9, 2019. Carried Unanimously Date Chair Assistant Secretary -Treasurer Page 15 of 15 15 is Clry 06( 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 17 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 maintain a 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. 18Report 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 Report P/CA 51/19 September 11, 2019 1 9 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:Documents\Development0D-3700\2919\PCA 51-19 M. Adham\Report'PCA 51-19 Report.doc Attachments • Exhibit 1 a) 9 >' 0 0 0 0 0 0 Hogarth Street at* Woodview Tot Lot 1 11 Sweetbriar Court Brim=d Court m -D 0 0 0, 0 a) (1) `O - ...a Y 0 JI Itt Senator Street Lancrest Street 1-111 ' 4 11111111 Wa erford Gate MIR Ill/�/= U, 4 111045: 111111111= Subject Lands Lawson St eet 0 Twyn Rivers Drive , Howel Crescent Rouge Valley Park`. 0 Altona Road =. St. Monica's Separate School ,jiiiiiiiiiiiU pchardson S reetMI m111111111111M1 IIIII'IIIIIItIi', Street Al =, " (74 IM =I lIlioinvilisceito �11111D 111111111111111 0 Littleford a) o) 0 ID LI1 C11#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) 2, The Corporation of the Crty of Prckenng Produced (m pan) under license from:® Queens Printer, Ontario Ministry of Natural Resources. AN rights reserved,0 Her Majesty the Queen M Right of Canada, Department of Natural Resources. Al rights re served.; 9 Teanet Enterprises Inc. and its supersets all rights reserved.;® Municipal Property Assessment Corporation and ds suppders ao rights reserved.; SCALE: 1:5,000 THIS IS NGT A PLAN OF SURVEY. Date: Aug .19,2019 LAPLANNING101-Ma'FeeslPCM120191PCA 51-19 M. Ad hanPFCA51-19_Loca no Map.mrd Exhibit 2 21 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. Ci o� 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 \Planning\01-MapFiles\PCA\2019 22 CGS of DICKERING Report to Committee of Adjustment Application Number: P/CA 55/19 Date: October 9, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 55/19 M. Brown 87 Finch Avenue Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 6578/05 to permit a minimum east side yard setback of 1.2 metres, whereas the by-law requires 3.0 metres. The applicant requests approval of this variance in order to obtain a building permit to construct a detached dwelling. Recommendation The City Development Department considers the requested variance to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the detached dwelling, 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 October 8, 2021, or this decision shall become null and void. Background On September 13, 2017, the Committee of Adjustment approved Minor Variance Application P/CA 76/17, permitting a minimum east side yard setback of 1.2 metres for the subject property. The approval was subject to the condition that the applicant obtain a building permit for the proposed construction by September 13, 2019, or the decision is null and void. This decision lapsed as the applicant failed to clear all the conditions before the prescribed deadline. The current application, P/CA 55/19, is identical to the previously approved application. Report P/CA 55/19 October 9, 2019 23 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan "Open Space Systems — Natural Areas" within the Rouge Park Neighbourhood Zoning By-law 3036 — "A" — Rural Agricultural Conforms to the Intent of the Official Plan According to the City of Pickering's Official Plan, the property is designated "Open Space Systems — Natural Areas". Existing lawful residential dwellings are permissible under this designation. A detached dwelling, proposed to be demolished, occupies the property. This variance intends to facilitate the construction of a new detached dwelling. Conforms to the Intent of the Zoning By-law The intent of a side yard setback is to provide an appropriate separation between structures on abutting properties in order to maintain pedestrian access; vehicular access to detached garages; accommodate grading, drainage and residential services; and maintain the character of the neighbourhood. The applicant is proposing to reduce the east side yard setback to 1.2 metres while maintaining a west side yard setback of 3.3 metres. The proposed 1.2 metre setback will provide an adequate separation distance between the dwelling and the property line to the east to accommodate grading, drainage and residential services. Desirable for the Appriopriate Development of the Land The proposed east side yard setback of 1.2 metres will maintain the character of the neighbourhood, as the properties within the surrounding area have side yard setbacks ranging from 1.2 metres and 3.0 metres. Minor in Nature The reduction in the east side yard setback will have minimal impact on the abutting property to the east as the property is owned by the Parks Canada and is entirely screened by the Toronto and Region Conservation Authority. Conclusion Staff is of the opinion that the requested variance is minor in nature, desirable for the appropriate development of the land and maintains the intent and purpose of the Official Plan and Zoning By-law. 24 Report P/CA 55/19 October 9, 2019 Page 3 Input From Other Sources Engineering Services • No objections to the application. Building Services • No comments on the application. Toronto and Region Conservation Authority • No objections to the approval of a side yard setback variance as it pertains to 87 Finch Avenue. Date of report: October 2, 2019 Comments prepared by: Felix Chau Planner I FC:DW:so Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:1DooumentslDevelopmenl\D3700\20191PCA 55-19 M. BrownlReport\PCA 55-19 Repad.doc Attachments Exhibit 1 >_5 Finch Avenu `f Subject Lands 1 1 I I 1 1 I I 1 I Bralorne Trail ,a\en Crescent a 0 0 C4°01 Location Map . File: P/CA 55/19 PICKERING City Development Department Applicant: M. Brown Property Description: Pt Lt 35, Con 1 N, Now Pt 1, 40R-2504 (87 Finch Avenue) Date: Aug. 29, 2019 ri the Corporaton of the City or Hdrenng Produced in pad) under licensefrom:0 Queens Printer, (Warn Msd3ry of Natural Resources. All rights reserved.A Her Majesty the Queen In Right of Canada, Department of Natural Resources Ail rights reserved.; $ Terenet Enterprises Inc and 9s suppilersai rights reserved .; O Municipal Property Assessment Corpo2f»n and is suppliers al rights reserved.; SCALE: 1:4,000 THIS IS NOT A PLAN OF SURVEY. LV'LANNING101./AspFieMPCA120191PCA554 9 M. S mwn1PCAS5-19_LocationMap.mxd 26 Exhibit 2 To permit a minimum east side yard setback of 1.2 metres 6/ of PICKERING City Development Department Proposed Site Plan File No: P/CA 55/19 Applicant: M. Brown Property Description: Pt Lt 35, Con 1 N, Now Pt 1, 40R-2504 (87 Finch Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept. 13, 2019 L;\Planning\01-Ma p Fi les\PCA12019 Exhibit 3 f=lue arcn.Pto fnDaw fi mir.RWenu r� 11� ! .1A . ua�nwmlmtLlwlmuuwiiRumiumnmmu�nninnP� MuIM '•� [ .11 " =4r 1121 I. Mill MR Maya TIM. ? ANLRILmAsniIV tGnI1VIRlROIMP!� 04 4 PICKERING City Development Department Front Elevation File No: P/CA 55/19 Applicant: M. Brown Property Description: Pt Lt 35, Con 1 N, Now Pt 1, 40R-2504 (87 Finch Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept. 13 , 2019 L:\Plan Hing\01-Map Files\P CA\2019 'a ate og DICKERING Report to Committee of Adjustment Application Number: P/CA 56/19 Date: October 9, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 56/19 R. Goncalves 2003 Shay Drive Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 1976/85 to permit an uncovered deck not exceeding 2.9 metres in height above grade and not projecting more than 1.5 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. 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 uncovered deck, 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 October 8, 2021, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Areas" within the Brock Ridge Neighbourhood Zoning By-law 3036, as amended by By-law 1976/85 — "S4" Report P/CA 56/19 October 9, 2019 29 Page 2 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 are the primary built form in Brock Ridge Neighbourhood. Staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The applicant is proposing to reconstruct an uncovered deck that connects to the second floor rear entrance on the detached dwelling. There is currently an entrance constructed at the first and second storeys of the detached dwelling, into the rear yard. The intent of the provision 5.7 (b), restricting the height of uncovered steps and platforms to 1.0 metre, is to protect the privacy of abutting properties. All the houses along Shay Drive have decks constructed more than 1.0 metre in height, many of which encroach into the rear yard setback. In addition, the intent of the provision 5.7 (b) of Zoning By-law 3036, restricting the projection into the required rear yard setback by decks, is to ensure that adequate amenity space is maintained. The applicant has not requested to vary the rear yard projection, and therefore there is no depletion in amenity space. Staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land The proposed deck has a height greater than 1.0 metre and projects 1.5 metres into the required rear yard. Neighbouring properties also appear to have constructed decks greater than 1.0 metre in height since there is a backyard entrance constructed at the second storey of their detached dwellings. • Staff is of the opinion that the requested variance to permit the construction of an uncovered deck is desirable for the appropriate development of the land. Minor in Nature The request to construct an uncovered deck that is greater than 1.0 metre in height, 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 reconstruction of adeck 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. 30Report P/CA 56/19 October 9, 2019 Page 3 Input From Other Sources Engineering Services Building Services Date of report: October 2, 2019 Comments prepared by: Tanjot Bal, RPP Planner I TB:DW:so • No objections to the application. • No comments on the application. Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:1Documents\Development\D-3706120191PCA 56-19 R. Gonwlves'RepodlPCA 56-19 Repod.doc Attachments [(1111111] Exhibit 1 II ,,'417,40 yO hod'_ �r: 9e�hVe `ro`` I� jIIIj o �� P,Q. �j� IIj� ��� ♦ IIo a � ,,o Major, .... o,, ks /Zoa o d 11 C 4i11111 U `''1'1111 Dia -a .i.t1,-1 1111111111 `P'11111■ I-- 41 IHhIHIk_. III •uiniinilliimai ii ipiwinlip, '41 li'4Subject 4 Lands i� Mcbrady Crescent Brockridge Community Park 0 m m mi mum =E_ INEMill NMal a) N U N U Q) Q) Q) m co 0 Finch Avenue (0 a a O a it 0 0 0 Fa E Jade Street j MINN Saffron DrivE C4°1 Location Map File: P/CA 56/19 BICKERING City Development Department Applicant: R. Goncalves Property Description: Lot 59, Plan 40M-1379 (2003 Shay Drive) Date: Sep. 23, 2019 SThe Corporation orate City of Ptckenng Produced do pad) underlkense from Co Queens Pnnter, Ontano ACaSYry of tlaturaf Resources, 411,1ghlsreserved.;® Her /MJeay the Queen in Right of Canada, Department of Natural Resources All rights reserved; NTeranel Enterprkes Ino and is supplkrsa l rights re anted.;® Municipal Property Assessment Corporation and is supplkrs al dphts reserved.: SCALE. 1:4,000 THIS IS NOTA PLAN OF SURVEY. LPLANNING101-1.WpF/esWCA120191PCA 5619 R. GoncaAesiPCA55-19 t.ocatnntrapmad 32 Exhibit 2 PARCEL STREETS - I, SECTION 90M-1379 SHAY DRIVE (BY PLAN 40M-1379) N08° 29' 90"E ,P Ane sere 5] 3 85 \\\. • 2 40 (02 8 51'1\ .41 9 .01 0 rn 1 . • • R =50.00 A=CH=5,38 NO5°25'20"E :81.811 a 5ETI T. A:•89 W \ WI015 0 ✓ m. ry o 80 1n E• , --i m r•. -• : E \ i 5.1 .1Y1 b . n Ii ., \ 3 ( ac+,,aN (11 y AG \ aT. a1. W i W \ 13k10_5 \ LonW 19d-iW4 1 - \ • 'M or D . 1 N . \ C PLAN ! To permit an uncovered s deck not exceeding 2.9 °�°""'' `°�°`" 0 metres in height above i � L O 1 _Y ( sFARCEL 59-1, SECT. 40M -1379g grade and not projecting (3); - more than 1.5 metres into the required rear yard. \ 994 m • • ,T.;V. 11 l F, r' L� N08° 0N 90•'E 10.75 M:0g.60.5 1 a.800 F11 PARCEL 55-1, SECT. 90M -l379 LOT 55 15'37AgZ 111.1.. BZEV'ylJb 1715 '1• g PICKERING City Development Department Proposed Deck File No: P/CA 56/19 Applicant: R. Goncalves Property Description: Lot 59, Plan 40M-1379 (2003 Shay Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sep• 17, 2019 L:\Pla n ni ng101-M apFiles\PCA\2019 Exhibit 3 L:\PIan Hing\01-M apFiles\PCA12019 .3 D\f 1EN\I L07 5y r - L -'k'Q. Lt- J€E1- A �a flPe �T a x Co 1 co 76 k� } '' —�— mp X\O 4---- 7rT —t. Y" LEtse:E2- ct <p yy {{ s .9 6 {'OU1sDFsilo oo"C't l.� e, ,Qy 4— (oX (o / / SCDDLE 4-10" 5000 Elevation Drawing 4 File No: P/CA 56/19 PICKERING Applicant: R. Goncalves Property Description: Lot 59, Plan 40M-1379 City Development (2003 Shay Drive) . Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OFPICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sep. 17, 2019 L:\PIan Hing\01-M apFiles\PCA12019 34 Cdy DICKERING Report to Committee of Adjustment Application Number: P/CA 57/19 Date: October 9, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 57/19 R. Shute & J. Brooks 1288B Commerce Street Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18 to permit an uncovered platform not exceeding 1.0 metre in height to project a maximum of 2.9 metres into the required front yard, whereas the by-law requires a maximum projection of 1.5 metres into the required front yard. The applicant requests approval of this variance in order to recognize an existing platform in the front yard. 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 condition: 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). • Comment Official Plan and Zoning By-law Pickering Official Plan "Urban Residential Areas — Low Density Areas" within the Bay Ridges Neighbourhood Zoning By-law 2511, as amended by By-law 7610/18 — "R4" 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 (front yard porch) for a single detached dwelling. Report P/CA 57/19 October 9, 2019 Page 2 Conforms to the Intent of the Zoning By-law The by-law requires uncovered platforms not exceeding 1.0 metre in height to project not more than 1.5 metres into the required front yard. The intent of this provision is to provide the opportunity for any stairs and/or landing platform to encroach into the front yard when needed, to ensure adequate buffer space between buildings and street activity is provided, and to ensure an adequate landscaped area within the front yard is also provided. The nonconforming platform connects the conforming steps to grade in the front of the dwelling. Adequate buffer space between the building and street activity is maintained. Additionally, sufficient landscaped area is maintained in the front yard. Desirable for the Appriopriate Development of the Land The uncovered platform in the front yard enhances the amenity area in the front yard while ensuring adequate. landscaped area is maintained in the front yard. It does not negatively impact the streetscape since the setback of this dwelling is greater than the surrounding properties. Minor in Nature Thesubject dwelling appears to be set back further on its property than many of the surrounding dwellings. For this reason, the uncovered platform does not project significantly further into the front yard than many of the front walls of neighbouring dwellings. 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 Building Services Date of report: October 2, 2019 Comments prepared by: Felix Chau Planner I FC:DW:nwb J:1Documents\Develcpment\D-3700t2019\PCA 57-19'Repar\PCA 57-19 Repari.dac Attachments • No objections to the application. • No comments on the application. Deborah Wylie, MCIP, RPP Principal Planner, Development Review 35 15 Exhibit 1 aJ a) a) Browning Avenue Old Orchard Avenue Monica Cook Place Ilona Pa k Road Frenchman's Bay Progress Frenchman's Bay East Park 11 , • •A.. r, - Subject Lands a -o ca 0 0 0 Luna Court Foxglove Avenue 111111111111111 IIIIIIIIIIIIIII Hewson Drive Frenchman's Bay Rate Payers Memorial Park Commerce Street Wharf Street I Broadview Street Annland Stree Aldetwood Park c4 f Location Map File: P/CA 57/19 - o PICKERING City Development Department Applicant: R. Shute & J. Brooks Property Description: Pt Lot 6, Pt Bik B & E, Plan 65, Now, Pts 3,4,5, 40R-28836 (1288B Commerce Street) Date: Sep. 09, 2019 the Corpora. of the Crty ofPld<enng Produced Lin part) under Manse from 0 queens Printer, Ontario )Amishy of Natural Resources. I rights reserved.;® Her Majesty the Queen m Right of Ca Rada, Department of Natural Resources All rights reserved.; Tetanal Enterprises Ins and as suppliers al rights re witted.; 0 Mu Neal Property Assessment Corporation and ds swatters a I rights reserved.; SCALE: 1:4,000 THIS IS NOT A PLAN OF SURVEY. LWLANRINGOt-MapFiestPCAt20 I aWCA 5749 R. Shute B J. Rmoia1PCA57-19 Loceh Nap 37 Exhibit 2 w j 1,169'41'30T {(P2) N69'S0'10"E(MEAS) >< - 2.9 m projection into minimum 7.5 m required front yard Required 7.5 m minimum front yard 1.2 310 r1N 11.11 1448 CC ON CO PAD EETE CORNER 0.2 E 0.2 S To permit an uncovered platform not exceeding 1.0 metre in height to project a maximum of 2.9 metres into the required front yard. 0 FRAME GARAGE 1.61 a 8 N • m 2 m B n Di n�E))Tr� 5 'E(PidSE� N70'31' HAIN UNK FENCE .01 N 21.87(P283AEAS) Nil SE X x1934X 20.12 (D26SET) BOARD FENCE ri n'w - 1N NN { p FENCE Daw U rr (P3ddIFEAs)� Q. Y 1 STOREY 7 - BRICK DWELUNG.va�•z o. 1288 A ^t _7 • 5 ON LINE 0,2 S (P311 AEAS)ARE-0.073 ha.' 20.12 (D28SET) PART 4 FENCE 0.2 E 1 STOREY . BRICK DWELLING No. 1288 8 L P3 1 EAE --i (P3&MEAS) sTD028 f (P28u''ET1-- 8.23 (01,P4&SET) ■■� 22.65 x �005CE X S18 E 00 v 14.42 (JS, 281.1EAS) 22,73 (P5) <' COMMERCE STREET (BY REGISTERED PLAN No.65) PIN 26320-0353 0.1 N 16(1005) P2&MEA1 r-0. siefou) 0.3 W SIB2 IB 0)M rnt, Noa * N " d'. O 0.68 IB (JOB) 18 2.47 c F (P- 6 S..OLOT 6E R.P. 65 C44 PICKERING City Development Department Proposed Variance Application File No: P/CA 57/19 Applicant: R. Shute & J. Brooks Property Description: Pt Lot 6, Pt Blk B & E, Plan 65, Now, Pts 3,4,5, 40R-28836 (1288B Commerce Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Aug 27, 2019 . L:\Planking\01-MapFiles\PCA\2019 38 C4 DICKERING Report to Committee of Adjustment Application Number: P/CA 58/19 Date: October 9, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 58/19 J. H. Long 1710 Lane Street Application The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit an accessory building (detached garage) to be erected in the westerly 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 to construct an accessory building (detached garage). 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 building (detached garage), 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 October 9, 2020, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan "Rural Settlements — Oak Ridges Moraine Rural Hamlets" within the Claremont Settlement Zoning By-law 3037, as amended by By-law 6640/06 — "ORM-R5" Report P/CA 58/19 October 9, 2019 39 Page 2 Conforms to the Intent of the Official Plan The subject property is designated "Rural Settlements — Oak Ridges Moraine Rural Hamlets" within the City of Pickering's Official Plan. Lands within this designation are intended to accommodate residential uses with growth potential being limited to redevelopment and infilling. The requested variance intends to facilitate the construction a building accessory to a detached dwelling. Conforms to the Intent of the Zoning By-law 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 west side yard while maintaining an appropriate setback from the front and west side lot lines. Accessory structures over 10 square metres in size or over 1.8 metres in height are permitted to be located as close as 1.0 metre from the side or rear lot lines. Given the shallow nature of _the lot, the rear yard does not provide a sufficient amount of space to accommodate amenity area and an accessory structure. Adequate space is provided in the west side yard to accommodate this structure. The structure will be setback 13.72 metres from the front property line, thus it will not result in a negative visual impact on the streetscape. Desirable for the Appriopriate Development of the Land The proposed detached garage is accessory to the residential use on the subject land. Due to the shallow depth of the lot, the rear yard does not provide sufficient space for amenity area and an accessory building. This is compensated with a wide west side yard setback of 16.87 metres. As such, the proposed location of the detached garage in the west side yard is appropriate given the existing state of the lot. Minor in Nature The proposed detached garage will abut an accessory building on the property directly to the west. The existing dwelling on the property abutting to the rear is setback over 100 metres away from the proposed detached garage. The proposed detached garage will have minimal impact on the immediate neighbours and will not result in a negative visual impact on the streetscape. Conclusion Staff is of the opinion that the requested variance is minor in nature, desirable for the appropriate development of the land and conforms to the general intent of the Official Plan and Zoning By-law. 40 Report P/CA 58/19 October 9, 2019 Page 3 Input From Other Sources Engineering Services • No objections to the application. Building Services • A building permit has been submitted for review. Date of report: October 3, 2019 Comments prepared by: Felix Chau Planner I FC: DW: nwb J;1Documents\DevelopmentlD-3700@0191PCA 58-191Report1PCA 5B-19 Report.doc Attachments Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 a1 04 0) • a Lo 0 0 0 - Subject Lands Dow,Street Lane Street 1 644 Location Map File: P/CA 58/19 PICKERING City Development Department Applicant: J. H. Long Property Description: Pt Lt 18, Con 9 S, Now, Pt 1, 40R-19185 (1710 Lane Street) Date: Sep. 09, 2019 b The Corporation of the City of Pickering Produced Lin part) under license from:® Queens Punter, Criteria Moistly of Natural Resources. Ail rights reserved.0 Her Majesty the Queen h Right of Canada, Department al Natural Resources All fights reserved.; 9 Tent Enterprises ink and Is suppliers a0 rights te served.;® Mu nick's' Property Assessment Corporation and ds suppliers al dghts reserved.; SCALE: 1:4,000 THIS IS NOT A PLAN OF SURVEY. L:IPLANNING101-tlapFles'PCA120191P CA58-19A N. Long P CA58-19 Localbn Map.mitd Exhibit 2 - N74' 6` 54'E 44.72m cwsr. W . akcr. / / / C»5r, /// GFPCsa1 / ru T. rxausr (!7ka UY:E •STFFErt 1.66 To permit an accesory building (detached garage) to be erected in the westerly side yard EMS:, PaULT CdhLWhY _ W74' 4`i i0.PL3T¢n .79 ONE SWEET PICKERING City Development Department L:\P Ian nln g\01 -Map Ftl es\PCA\2019 Site Plan File No: P/CA 58/19 Applicant: J. H. Long Property Description: Pt Lt 18, Con 9 S, Now, Pt 1, 40R-19185 (1710 Lane Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 16, 2019 rte DICKERING Report to 43 Committee of Adjustment Application Number: P/CA 59/19 Date: October 9, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 59/19 Mattamy (Seaton) Limited 1148 Dragonfly Avenue Application The applicant requests relief from Zoning By-law 7364/14, as amended: • to permit a minimum front yard setback of 2.8 metres, whereas the by-law requires a minimum front yard setback of 3.0 metres • to permit stairs to a porch to encroach to within 0.01 metres of the front lot line, whereas the by-law permits stairs to a porch or deck to encroach to within 0.3 metres of a front lot line or flankage lot line • to permit stairs to a porch to encroach to within 0.28 metres of the flankage lot line, whereas the by-law permits stairs to a porch or deck to encroach to within 0.3 metres of a front lot line or flankage lot line The applicant requests approval of these variances in order to in order to obtain zoning compliance for a stacked townhouse condominium development. Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed development, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit #2). Background The proposed development, which consists of 92 stacked townhouse units within 8 building blocks, received Site Plan Approval on April 1, 2019. The approved development has not been altered since that time. The requested variances for a reduction in the minimum lot frontage and minimum stairs setback for Buildings 40 and 41 are required as a result of a 0.3 metre reserve that was not taken into account in the preparation of the Site Plan drawings. 44Report P/CA 59/19 October 9, 2019 Page 2 The 0.3 metre reserve is owned by the Region of Durham but was depicted as being a part of the subject lands on the Site Plan, which resulted in inaccurate building setbacks. The requested variance to reduce the minimum stair setback of Building 44 is required as a result of construction error. The zoning non-compliance matters were identified through a surveyed plan which was submitted in support of a Draft Plan of Condominium Application. Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — High Density Areas" within the Lamoreaux Neighbourhood Zoning By-law 7364/14 — "H" — High Density Appropriateness of the Application Conforms to the Intent of the Official Plan The subject property is within the Seaton Urban Area and is designated "Urban Residential Areas — High Density" within the Lamoreaux Neighbourhood. The Official Plan sets out objectives and policies for the Seaton Urban Area to achieve a sustainable urban community. Development within the High Density Area designation is intended to accommodate residential uses at over 80 units and up to and including 140 units per net hectare. Facilitating zoning compliance for the proposed stacked townhouse condominium development will contribute to achieving a more compact urban area with a diverse housing stock, within an area that is intended to accommodate residential uses. Staff is of the opinion that the requested variances meet the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The intent of the minimum front yard setback requirement of the zoning by-law is to ensure that adequate separation is provided between a dwelling and street activity and a sufficient landscaped area is maintained between a dwelling and the adjacent streets. The intent of the minimum stair setback requirement from the front and flankage lot line is to ensure that there is a sufficient setback in order to accommodate municipal public sidewalk maintenance and snow removal. The applicant has requested a reduction in the minimum front yard setback from 3.0 metres to 2.8 metres and a reduction of the minimum porch stair setback from the front lot from 0.3 metres to 0.01 metres in order to accommodate two stacked townhouse buildings fronting Taunton Road (Building 40 and 41), that are currently under construction. The requested variances for Building's 40 and 41 are required as a result of a 0.3 metre reserve along the entire Taunton Road frontage of the lands that is owned by the Region of Durham but was not indicated on the approved site plan or building permit drawings. The location of the buildings or stairs have not changed since the site plan was approved. 45 Report P/CA 59/19 October 9, 2019 Page 3 The applicant has also requested a variance to reduce the minimum stair setback from the flankage lot line from 0.3 metres to 0.28 metres to accommodate stairs to Building 44 to be brought into zoning compliance. The requested 2.8 metre front yard setback will maintain a sufficient landscaped space to provide an adequate buffer between the proposed buildings and street activity along Taunton Road. The requested 0.01 metre stair setback from the front lot line will not compromise the City's or Region's ability to maintain the public multi -use path along Taunton Road as there will be a significant soft landscape space between the edge of the proposed stairs and path, which will be located in the municipal boulevard. The requested 0.28 metre stair setback from the flankage lot line represents a 2 centimeter reduction from the zoning by-law requirement, which will not negatively impact the City's ability to service and maintain the public sidewalk along Fall Harvest Crescent. Staff are of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land The proposed buildings are a part of an approved site plan for the subject lands. The stacked residential townhouse units are a permitted use of the zoning by-law. There are no changes to the use or the design of the building as a part of this minor variance application. The requested variance will allow the approved buildings that are currently under construction to be brought into zoning compliance. Staff are of the opinion that the requested variances are desirable for the appropriate development of the land. Minor in Nature The requested minimum front yard setback of 2.8 metres represents a reduction of 0.2 metres, from the zoning by-law requirement. The requested minimum front yard setback is marginal in nature and will not result in a negative visual or privacy impact on the streetscape as the proposed buildings location relative to Taunton Road remains unchanged. The requested minimum stair setback of 0.01 metres from the front lot line represents a reduction of 0.29 metres from the required setback of the zoning by-law. The requested minimum stair setback is only required for a total of five sets of stairs for Building 40 and 41, while the remainder will comply with the zoning by-law. Additionally the proposed stairs will maintain a minimum 2.25 metre setback from the future municipal multi -use pathway despite the requested reduction, which will ensure the proposed stairs do not impact the maintenance of the multi -use path within the right of way. The requested minimum stair setback from the flankage lot line from 0.30 metres to 0.28 metres represents a reduction of 0.02 of a metre. The proposed reduction is marginal in nature and will not limit the ability to appropriately maintain the public sidewalk along Fall Harvest Crescent. 46 Report P/CA 59/19 October 9, 2019 Page 4 Based on the foregoing, staff are of the opinion that the requested variances are minor in nature. Input From Other Sources Engineering Services Building Services Date of report: October 3, 2019 Comments prepared by: Cody Mo. rison Planner II ---------- CM:DW:nwb J:1DocumenlsVJevelopment0-3700@0191PCq 59-191RepodlPCA 59-19 Repod.doc Attachments ® No objections to the application. ® No comments on the application. / Deborah Wylie, MCIP, RPP Principal. Planner, Development Review Exhibit 147 Taunton Road 0 mu mu r Imo ■11/IIllls EC_ Silk Street 11111111 1111 1111111/1111■ Clipper Lane 11111111111% 11111111111111111 mos Foxtail Crescent iimintatj PIO m 0 Dra9or4 _ '',9goUlevard Subject Lands II I AU Ill I 644 Location Map File: P/CA 59/19 . PICKERING City Development Department Applicant: Mattamy (Seaton) Ltd. Property Description: Block 1, Plan 40M-2646 (1148 Dragonfly Avenue) Date: Sep. 20, 2019 The Corporatnn of the City of PRdtenng Produced In pan) under 'cense hom:O Queens Printer, Ontario f.tinlsry of Natural Resources. CI rights reserved.;© Her Malesy the Queen in night of Canada, Department of Natural Resources P/I rights reserved: 9 Teranet Enterprises to and is suppliers al dghts reserved .:®N neipal Property Assessment Corporates and is supplbrs al rights reserved.: SCALE: 1:4,000 TMS IS NOT A PIAN OF SURVEY. L:PIANNING101-MapFles'PCAt201SPCA59.19 Matta my Seaton LtdNCA59-19 Lo®Ienhlap.trud 48 Exhibit 2 Buildings 40 & 41: To permit stairs to a porch to encroach within 0.01 metres of the front lot Zine Buildings 40 & 41: To permit a minimum front TAUNTON ROAD yard setback of 2.8 metres iimr 01%, 'wont. Esr It 1111111111110 Building 44: To permit stairs to a porch to encroach within 0.28 metres of the flankage lot line 1N3OS3bO 1S3AdVH 11b3 11 PICKERING City Development Department Site Plan File No: P/CA 59/19 Applicant: Mattamy (Seaton) Ltd. Property Description: Block 1, Plan 40M-2646 (1148 Dragonfly Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sep 17, 2019 L 1Planning101-MapFiles1PCA\2019 Exhibit 3 L:\Planning\01-Ma p Files\PCA\2019 TAUNTON RO .Om 4„,N,„P.IC 7Rq/( Mr MFRS N X3.552 2.25 o o► .. 03.20 T 0 0. 0 0 0 0 CRESCENT 1441 X1.38 1. 76 \ /_ N " IQ m M o M M M M 1.10 0.8 o M n0.B0 m N N y cn N Off. O� N Go. N N N �N— 3.38 —. H LI > rY 2.88— _ RPE-BLK-40-FDN : — 1 < I 3.35 i i" rim O M Building 40 Setbacks to Nulti—Use Trail and regional deserve Building 40 C4 File No: P/CA 59/19 c6 PICKERING Applicant: Mattamy (Seaton) Ltd. Property Description: Block 1, Plan 40M-2646 City Development (1148 Dragonfly Avenue) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sep 17, 2019 L:\Planning\01-Ma p Files\PCA\2019 Exhibit 401 D L:\Plan ning\01-MapFiles\PCA\2019 TAUNTON 2.25 F J. =2.34E MUNICIPAL TRAIL (BY 07HERS) E 2.45 .. O r 0 0 O c O O O O C O O /O O N p\ O m 0 CV0.67 _ . J "0.67 ro m _ m o N N — N N '_ ' r i — --- _ �— - 3.30 r RPE-BLK-41-FDN — .14 — — ( 3.14 6 to 60 n 0 N o o 0 o o n rn �� r'; �� O° A• 13.55 3uilding 41 Setbacks to Vu ti—Use Trail and regional deserve cety 4 Building 41 File No: P/CA 59/19 P 1 C KE R1 N G City Development Department Applicant: Mattamy (Seaton) Ltd. Property Description: Block 1, Plan 40M-2646 (1148 Dragonfly Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sep 17, 2019 L:\Plan ning\01-MapFiles\PCA\2019 51 Exhibit 5 CESCENT yr 1• 3.04 /2.09 6 GO. MAILBOXES c rnrn CONCRETE \2.13 1 0.30 9.31 r \0.3 .29 /2.11 \2.13 0.31 ,0.30 / r \0.31 .28 \2.13 0.30 3.01 3.03-1 NOd 7V -N18 -3d J CONCRETE SIDEWALK I PROPOSFO 10k 5.59 5.67 D 2.07 D 5.65 2.07 Building 44 Setbacks to Multi—Use Trail and Regional Reserve PICKERING City Development Department Building 44 File No: P/CA 59/19 Applicant: Mattamy (Seaton) Ltd. Property Description: Block 1, Plan 40M-2646 (1148 Dragonfly Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sep 17, 2019 L.\Planning\01-Ma pFiles\PCA\2019 s2 qty DICKERING Report to Committee of Adjustment Application Number: P/CA 62/19 Date: October 9, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 62/19 C. MacMillan 971 Mink Avenue Application The applicant requests relief from Zoning By-law 2520, as amended: • to permit a rear yard setback of 3.5 metres, whereas the by-law requires 7.5 metres • to permit a side yard setback of 0.2 metres, whereas the by-law requires 2.4 metres The applicant requests approval of these variances in order to obtain a building permit to recognize an existing deck and associated ramp. 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 existing deck and ramp, 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 October 9, 2020, or this decision shall become null and void. Background A minor variance was approved in June of 1998 to facilitate the construction of a rear yard deck (P/CA 50/98). The approved variances permitted: • a rear yard setback of 5.0 metres, whereas the by-law required 7.5 metres • a side yard minimum of 0.6 metres, whereas the by-law required 2.4 metres Report P/CA 62/19 October 9, 2019 53 Page 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 2520, as amended — "RM1" 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 the designation are intended to accommodate residential uses including single detached dwellings. The requested variance is intended to accommodate an existing ramp for wheelchair access to the existing 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. P/CA 50/98 approved a 5.0 metre rear yard setback for the deck. Since this time, a ramp was constructed at the rear of the deck to facilitate wheelchair access to the elevated deck. A 3.5 metre rear yard depth remains and it maintains usable outdoor amenity space in the rear yard. The intent of the minimum side yard depth of 2.4 metres is to provide an appropriate separation between structures on abutting properties in order to accommodate grading, drainage and residential services. A 0.2 of a metre side yard will not impact the rear yard amenity space of the adjoining neighbour as their primary amenity space (patio) is located on the opposite side of the subject property. As such, the proposed setback maintains the intent of this provision. Desirable for the Appriopriate Development of the Land The proposed setbacks are intended to enhance the amenity area of a residential property and are appropriate development of the land. The ramp is intended to provide wheelchair access to the elevated platform in the rear yard. Minor in Nature The proposed setbacks are minor in nature as it will have no adverse impact on the immediate neighbours. The deck is considered usable amenity space. 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. 54Report P/CA 62/19 October 9, 2019 Page 3 Input From Other Sources Engineering Services • No objections to the application. Building Services Date of report: October 3, 2019 Comments prepared by: Felix Chau Planner I FC:DW:nwb J:\Documents\Development\D-3700\20191PCA 62-19\7. Report\RCA 62-19 Report.doc Attachments • Structures are newly constructed without a building permit. Building permits are required for all construction associated with sunroom (as an addition to the dwelling), deck and access ramp. Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 155 a) o m E. 0 CO 0 0) O 11111111111111 MIN ENE MIN 0) 0) m U Oklahoma D ive 0) a) -o N (0 N J wok Nom mom mom 1111111 Bruce Hanscombe Pa tic_ Mink Street Sunrise Avenue Rotary Frenchman's Bay West Park Subject Lands Frenchman's Bay Lake Ontario L:WLANNING10I-MapF@sAPCAI2019WCA62-19 C.MadARanWCA62-t9 LocationUUp.mad Location Map File: P/CA 62/19 6t1 PICKERING City Development Department Applicant: C. MacMillan . Property Description: Pt Lot 797, Plan M19 E (971 Mink Avenue) Date: Sep. 13, 2019 Dthe Corporation of the Cly of Pkkenng Pmduckd (.1 pen)under loan. from :0 Queens Panter, Ontario l.9ntstry of Natural Resources. All rights reserved.;® Her Majesty the Queen in Right of Canada, Department of Natural Resources All rights reserved.; DTeranet Enterpdss Inc. and is kapok ers al rights remnied.;®Municipal Property Assessment Corporation and its suppfers all rights reserved.; SCALE: 1:4,000 THIS IS NOTA PIAN OF SURVEY. ...........__ L:WLANNING10I-MapF@sAPCAI2019WCA62-19 C.MadARanWCA62-t9 LocationUUp.mad 56 Exhibit 2 :1P t a n n i n g\O i -M a p F i l es PC A\2019 • • . • ....... • ,....... • ....... • ,.....r,......... MINK AVENUE .' ILim 1 1 • 1 EXISTING DECK• I� �2 1 / EXISTING SEMI DETACH DWELLING EXISTING ONE STOPDWELLING SEMI DErACN • .0-.41I E 1 to 1 1 I To permit a westerly side yard setback of 0.2 metres k.ATOW 11 , j ~9 I • / o-,ZI 0.2m•...�, .vn • DEr-lc SUN(Zu1" 1 yG - ,) T. *4\ .RAmP �'`'`- i s- i a.0 3.5m 1 LOT 798- LOT 797 ,F._ 1 • To permit a rear yard 3.5 setback of metres Site Plan oi,# 4 File No: P/CA 62/19 PICKERING Applicant: C. MacMillan City Development Property Description: Pt Lot 797, Plan M19 E Department (971 Mink Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 16, 2019 P :1P t a n n i n g\O i -M a p F i l es PC A\2019 57 Exhibit 3 so- U0R06"`• N)C.3`4:" u6r`NhC'4 ELEVATION OF DECK (izeivz ) 2t a Fieffe I I I l II 1 II II I 1 I I II II LJ lJ SIDE ELEVATION OF DECK 6ty 4 PICKERING City Development . Department Elevations File No: P/CA 62/19 Applicant: C. MacMillan Property Description: Pt Lot 797, Plan M19 E (971 Mink Avenue) FULL SCALECOPIESOF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CIN OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 16, 2019 L:\PI a nn ing\01-MapFiles\PCA\2019 58 6'4 ou DICKERING Report to Committee of Adjustment Application Number: P/CA 63/19 Date: October 9, 2019 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 63/19 G. Marquardt & S. Stanleigh 576 West Shore Boulevard Application The applicant requests relief from Zoning By-law 2511, as amended, to permit: • a minimum front yard of 5.9 metres, whereas the by-law requires a minimum front yard of 7.5 metres; • a platform not exceeding 1.2 metres in height above grade and not projecting more than 1.5 metres into the required front 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 the required front yard; • a minimum south side yard of 0.9 metres, whereas the by-law requires a minimum side yard of 1.5 metres; • an accessory structure setback of minimum of 0.1 of a metre from the rear lot line, whereas the by-law requires accessory structures to be setback a minimum of 0.6 of a metre from all lot lines; • an accessory structure greater than 10 square metres in area setback a minimum of 0.5 of a metre from the side lot line, whereas the by-law requires accessory structures greater than 10 square metres in area to be setback a minimum of 1.0 metres from all lot lines. The applicant requests approval of these variances in order to obtain a building permit for an extension to an existing attached garage, an addition to an existing detached dwelling, construction into the required front yard of a porch greater than 1.0 metre in height and to recognize existing accessory structures (sheds). Recommendation The City Development Department considers: • a minimum front yard of 5.9 metres, whereas the by-law requires a minimum front yard of 7.5 metres; • a platform not exceeding 1.2 metres in height above grade and not projecting more than 1.5 metres into the required front 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 the required front yard; and 59 Report P/CA 63/19 October 9, 2019 Page 2 • an accessory structure greater than 10 square metres in area setback a minimum of 0.5 of a metre from the side lot line, whereas the by-law requires accessory structures greater than 10 square metres in area to be setback a minimum of 1.0 metres from all lot lines to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed addition, and porch; and to the existing shed in the north-west corner of the rear yard 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 October 8, 2021, or this decision shall become null and void. The City Development Department considers: • a minimum south side yard of 0.9 metres, whereas the by-law requires a minimum side yard of 1.5 metres; and • an accessory structure setback of minimum of 0.1 of a metre from the rear lot line, whereas the by-law requires accessory structures to be setback a minimum of 0.6 of a metre from all lot lines to be major variances that are not desirable for the appropriate development of the land and not in keeping with the general intent and purpose of the Official Plan and Zoning By-law, and therefore recommends Refusal of the proposed variances. Comment Conforms to the Intent of the Official Plan The subject property is designated as "Urban Residential Areas — Low Density" within the West Shore Neighbourhood. Detached dwellings are a permitted use within this designation and a built -form within the West Shore Neighbourhood. The Official Plan states proposed development and re -development within established neighbourhoods should maintain the character of the neighbourhood as it evolves over time. The construction of a porch which is greater than 1.0 metre in height into the required front yard and the construction of a second storey addition to the detached dwelling which reduces the front yard setback to 5.9 metres, results in a development that is in keeping with the character of the neighbourhood and therefore conforms to the Official Plan. In addition, recognizing an existing shed setback 0.5 of a metre from the side lot line maintains the character of the neighbourhood and therefore conforms to the Official Plan. The proposed side yard setback of 0.9 of a metre to permit the proposed garage extension does not result in a development keeping with the character of the area. 60 Report P/CA 63/19 October 9, 2019 Page 3 In addition, recognizing an existing shed located 0.1 of a metre from the rear lot line does not maintain the character of the neighbourhood and therefore does not conform to the policies within the Official Plan. Conforms to the Intent of the Zoning By-law Reduction in Minimum Setbacks to Recognize Existing Accessory Structures There are two existing accessory structures (sheds) on the subject site. Accessory structures less than 10 square metres in area and less than 1.8 metres in height must maintain 0.6 of a metre setback from all lot lines. The smaller shed is roughly 7.5 square metres in area and less than 1.8 metres in height. This shed has a side yard setback of 0.1 of a metre. The purpose of the minimum 0.6 of a metre setback from lot lines is to ensure there is sufficient room to maintain the structure and to ensure no negative impacts occur to site drainage. Engineering Services recommend moving this shed to a minimum of 0.6 metres from the rear property line. Planning Staff also recommend the shed be relocated to maintain a 0.6 of a metre setback from all lot lines. The larger shed is approximately 31.7 square metres in area and 3.2 metres in height. The Zoning By-law requires accessory structures larger than 1.8 metres in height and larger than 10 square metres in area, to maintain a 1.0 metre setback from all lot lines. The shed currently is setback 0.5 of a metre from the north lot line. Staff believe the existing setback conforms to the intent of the Zoning By-law as there is sufficient room to maintain the structure and the shed does not affect site drainage. Reduction in Side Yard to Permit Extension of Existing Attached Garage The applicant is requesting a reduction from the required minimum side yard setback of 1.5 metres to permit a side yard setback of 0.9 of a metre in order to obtain a building permit to extend the existing attached garage. The existing attached garage, constructed without a building permit, does not comply with the Zoning By-law as it is setback 0.9 of a metre from the south lot line. The applicant has not requested that the existing attached garage setback be recognized. The existing side yard setbacks of neighbouring detached dwellings and garages conform to the Zoning By-law's minimum side yard setback requirement of 1.5 metres. The neighbouring property to the south (572 West Shore Boulevard) has voiced concerns with the proposed reduction of the side yard setback, and believe a minimum setback of 1.5 metres be maintained for fire safety and to maintain comparable setbacks to neighbouring properties. Building Services has indicated that through the processing of a building permit application, proposed structures will be required to meet Ontario Building Code requirements including fire resistance ratings. Staff do not support a reduced side yard setback. Reduction in Front Yard Setback to Permit Second Storey Addition The applicant is also requesting a variance to reduce the minimum front yard setback from 7.5 metres to 5.0 metres allowing a second storey addition to the existing detached dwelling, and the construction of a porch greater than 1.0 metre in height within the required front yard setback. Presently, the existing dwelling has a front yard setback of 6.5 metres and it is proposed to be further reduced to 5.9 metres. 61 Report P/CA 63/19 October 9, 2019 Page 4 Staff are of the opinion that further reducing the existing front yard setback by 0.6 of a metre and permitting a porch 0.2 of a metre greater in height, conforms to the intent of the Zoning By-law. Desirable for the Appriopriate Development of the Land Construction of a porch greater than 1.0 metres in height and a second storey addition into the required front yard setback will result in a desirable and appropriate development. Staff is also of the opinion that the existing shed greater than 10 square metres in area is desirable for the appropriate development of the land. Staff agree with the neighbouring landowner, that a reduced side yard setback will result in a development (attached garage) that is not keeping with the character of the neighbourhood, and is not desirable for the appropriate development of the land. Staff is also of the opinion that the existing shed less than 10 square metres in area and setback 0.1 of a metre from the rear lot line is not desirable for the appropriate development of the land. Minor in Nature The proposed second storey addition to the detached dwelling that reduces the front yard setback to 5.9 metres and constructs a porch greater than 1.0 metres in height, is minor in nature. In addition, recognizing an existing shed 0.5 of a metre from the side lot line is also minor in nature. The proposed addition to the existing attached garage will further reduce the side yard setback from 1.0 metres to 0.9 of a metre. Staff is of the opinion that the requested variance is not minor in nature. In addition, recognizing an existing shed 0.1 of a metre from the rear lot line is also not minor in nature. Conclusion Staff is of the opinion that the requested variances to permit the construction of an addition to an existing detached dwelling into the required front yard, construction of a porch greater than 1.0 metres in height, and to recognize the existing shedlocated in the north-west corner of the rear yard 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. Staff is of the opinion that the requested variances to permit the construction of an extension to the existing attached garage.and to recognize the existing shed located in the south-west corner of the rear yard are not desirable for the appropriate development of land, do not maintain the intent and purpose of the Official Plan and Zoning By-law, and are not minor in nature. Staff recommend the shed be relocated 0.6 of a metre from all lot lines and the applicant submit a revised building permit for a new attached garage that conforms to the provisions of the Zoning By-law. 62 Report P/CA 63/19 October 9, 2019 Page 5 Input From Other Sources Engineering Services Building Services Property Owner of 572 West Shore Boulevard Property Owners of 584, 600 and 580 West Shore Boulevard; and 507 Cliffview Road Fairport Beach Neighbourhood Association Date of report: October 3, 2019 Comments prepared by: Tanjot Bal, RPP Planner I TB:DW:nwb • Recommend moving the smaller accessory structure (shed) to a minimum of 0.6 of a metre from the rear property line. • The applicant has submitted a building permit for the proposed construction. • Concerned that the proposed side yard setback of 0.9 of a metre to permit the garage extension is a fire safety hazard. • Unhappy that the neighbour does not maintain his/her property, and that the lack of upkeep has damaged his fence. • Commented in support of the variances stating the following: - the applicant plans to build on their existing home's footprint to upgrade the current outdated home to allow for the family's growth and development, - the current by-laws would push back the existing home's walls, - the applicant has done their due diligence by letting the community know their plans prior to submitting applications, and - the new design is tied to the old home's footprint and is similar to designs of neighbouring homes. • Commented in support and have no objections to the variances. J:1Documents\Developmenl\D-3700120191PCA 63-19\7. Report'PCA 63-19 Report.doc Attachments Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 163 0 J Sandcastle Court 0 m 0 T 0 U Subject Lands v 0 (f) E 0 Oklahoma Drive Mink Street Sunrise Avenue a) 0 m 0 (Ln 600 West Shore cn Boulevard 584 West Shore Boulevard 580 West Shore Boulevard Tullo Street 0 507 Cliffview Rd Cliffview Park co 0 0 Surf Avenue 1 572 West Shore Boulevard Rotary Frenchman's Bay West Park Lake Ontario e4 Location Map & Addresses of Public Comments File: P/CA 63/19 o) PICKERING City Development ,Department Applicant: G. Marquardt & S. Stanleigh Property Description: Lot 6, Plan 311 (576 West Shore Boulevard) Date: Oct. 02, 2019 - the Corporaron of the City of Pickering Produced tin part) under Ibense one ueens Pnnter, Orite dSry otu, Resources. Ail rights reserved.;® Her Vale* the Queen in Right of C3 nada, Department of Natural Resources All rights reserved.; Di -menet Enterprises Inc. and is supplbrs al rights reserve d.;0Munbtpiai Property Assessment Corporation and Is suppliers al rights reserved.; SCALE. 1.4,000 THIS IS NOTA PUN OF SURVEY. • Exhibit 2 cn To permit an accessory structure greater than 10 square metres in area setback a minimum of 0.5 of a metre from the side lot line 0.55 m To permit a minimum front yard of 5.9 metres COSTO SOO 0.13 m EAST'S SOO 25.38 m To permit an accessory structure setback a minimum of 0.1 of a metre from the rear lot line Eirsrosco 'Exi9ra rE,Arr y.k.7 TO I ,REWATI110,14,1,0 n I 1:1001.0 SOO 0 E co 35E-- ROORCORD WO. MOIR GTO rarolocrrentr..- ElOrlINO ATITRCREGGARAOR RRISTO AWN .0E MEL. r r faint, a • " E ArOArt rl TREPORLDRFLIEND RIOTER NOM ILEITC1110 Err= !MALMO...ROE MELO. rSICTIE OD 401 NO.576 rre.r.a.1: SE( rsnroxrpr.r.mcgrry ROX VerlDERM1' DUSTER. FROM-T/010i EKLLTOROPPOLT CRIVETOOT Eh 0.98 m To permit a minimum south side yard of 0.9 metres N To permit a platform not exceeding 1.2 metres in height above grade and not projecting more than 1.5 metres into the required front yard PICKERING City Development Department Site Plan File No: P/CA 63/19 Applicant: G. Marquardt & S. Stanleigh Property Description: Lot 6, Plan 311 (576 West Shore Boulevard) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 25, 2019 LAPlanning101-MapFiles PCA\ 2019 65 Exhibit 3 CUIS .n�xuroaE smee 1.16 m • 017 WV. INEM �:4van�i otp 4 PICKERING City Development Department Side Elevations File No: P/CA 63/19 Applicant: G. Marquardt & S. Stanleigh Property Description: Lot 6, Plan 311 (576 West Shore Boulevard) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 25, 2019 L.\PIa n ni ng\01-Ma pFi Ie s\PCA\2019 66 Exhibit 4 L:\PT a n n i n g\01 -M ap Files\P CA\2019 z III r�r 'JI II IJ 12J 12 IJ 1 I I r [ I 14 l I I I J I t 1 I I I 12 I I I l I 1 t I r 'Ji I;i 1 i I r ')1 i - III II''JI 111I IJI 1 V III 1 I I I I I I 1 1 11' 4 J I I r I 1 t C 1L t t 111 IJ l III IJ'IJI 11111 [JI 1 IJI I.1 t I � 31 I I p _ I ' NEW 60%$G IFaW 89X50 E o6 596 West Shore seriza I PR.vw I'2 ' MIR /EW SO WNW S IIIM t vim 7 I d I� �. I' I J 11-------1 l� _0 �p I �I' �m' 1 -- __ ; b jj II II II_ 1 II = 1 ,I NEW 160X206EClIONN QN OR JI d- _ 1 =i 1_l--=1 I'— 1 d1 moo '--I' alli _r inlin= iiii —11 Il II L, 11 11 I1 1 JJr I J .- d(STLOt�Ii �iE �Gim; MWAS xur SllxY,i£S ' I I y 1 ' I! t..WPREFIttAL 7-71 .---' ( 1. M.:1 MS HARM i JffJ11 ATI( CEWINIC154RO ASPYR.a®Ei:3 eY 0 ': I OCR.. t9 A%a k E15X!0 } 11 tO NdOY10 ITOO IIR �LSL DRS. TL%YI�� 1 t- —1 EX 61, ELGl. CRS. _ I Ex�1ro Front Elevations t,# 4 File No: P/CA 63/19 PICKERING Applicant: G. Marquardt & S. Stanleigh City Development Property Description: Lot 6, Plan 311 - Department (576 West Shore Boulevard) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT- DATE: Sept25, 2019 L:\PT a n n i n g\01 -M ap Files\P CA\2019