HomeMy WebLinkAboutJanuary 8, 2020C4 4
PICKERING
Committee of Adjustment
Agenda
Meeting Number: 1
Date: Wednesday, January 8, 2020
pickering.ca
c4 4
DICKERING
Agenda
Committee of Adjustment
Wednesday, January 8, 2020
7:00 pm
Council Chambers
1. Disclosure of Interest
2. Adoption of Agenda
3. Adoption of Minutes from December 11, 2019
4. Reports
4.1 (Deferred from the December 11, 2019 Meeting)
P/CA 68/19
F. Daniel
129 Thicket Crescent
4.2
4.3
4.4
P/CA 01/20
Piret Holdings Inc.
1865 Clements Road
P/CA 03/20
9004807 Canada Inc. (Stonepay)
Tillings Road
P/CA 04/20
G. Slater
1305 Luna Court
6. Adjournment
For information related to accessibility requirements please contact:
Samantha O'Brien
T. 905.420.4660, extension 2023
Email sobrien@pickering.ca
Page Number
1-13
14-19
20-24
25-38
39-43
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DICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
Pending Adoption
Present
Tom Copeland — Vice -Chair (arrived at 7:15 pm)
David Johnson — Chair
Eric Newton
Denise Rundle
Sean Wiley
Also Present
Cody Morrison, Secretary -Treasurer
Samantha O'Brien, Assistant Secretary -Treasurer
Absent
Deborah Wylie, Secretary -Treasurer
1. Disclosure of Interest
No disclosures of interest were noted.
2. Adoption of Agenda
Moved by Eric Newton
Seconded by Denise Rundle
That the agenda for the Wednesday, December 11, 2019 meeting be adopted.
Carried
3. Adoption of Minutes
Moved by Eric Newton
Seconded by Sean Wylie
That the minutes of the 11th meeting of the Committee of Adjustmentheld Wednesday,
November 13, 2019 be adopted.
Carried
David Johnson, Chair, stated that he will abstain from voting on all applications heard
for the Wednesday, December 11, 2019 Committee of Adjustment meeting until the fifth
Committee Member arrives, in order to prevent a tie vote.
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PICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
4. Reports
4.1
P/CA 66/19
A. McKay & N. Sabourin
4959 Brock Road
The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06
to permit an accessory structure (shed) in the front yard, whereas the by-law requires all
accessory buildings that are not part of the main building to be erected in the rear yard.
The applicant requests approval of this variance in order to permit an existing accessory
structure (shed) in the front yard.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions.
Written comments were received from the City's Engineering Services. Department
expressing no comments on the application.
Written comments were received from the City's Building Services Section expressing
no comments on the application.
Written comments were received from 6 residents of Brock Road, Victoria Street, and
Henry Street in support of the application.
Written comments were received from 2 residents of Joseph Street and Wellington
Street in objection to the application.
Adam McKay, applicant, was present to represent the application. Todd Norris of
Wellington Street was present in objection to the application. No further representation
was present in favour of or in objection to the application.
Adam McKay spoke in support of the application stating the purpose of the accessory
building to be located in the front yard is for storage of seasonal maintenance
equipment.
Todd Norris spoke in opposition to the application stating the accessory structure is in
close proximity to the property line where he parks his vehicles, it is not aesthetically
pleasing and requests that it be removed or modified.
In response to a question posed by a Committee Member, Todd Norris explained his
request to modify the existing structure could be satisfied by lowering the perimeter
walls to reduce the overall height.
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city
Committee of Adjustment
Meeting Minutes
Wednesday, December '11, 2019
7:00 pm
Council Chambers
In response to questions from Committee Members, Adam McKay stated the accessory
structure was constructed around September 2019 and was purchased as a premade
kit to be assembled at home, reconfiguring the existing structure would be quite difficult.
Given the unique situation in determining the front yard, that the rear yard abuts the side
yard of the adjacent property, that an adequate streetscape is maintained, and that
views are not impacted; and as the four tests of the Planning Act as outlined by the City
Development Department are met, Denise Rundle moved the following motion:
Moved by Denise Rundle
Seconded by Sean Wiley
That application P/CA 66/19 by A. McKay & N. Sabourin, 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 condition:
1. That this variance apply only to the existing accessory structure (shed), as generally
sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in
the staff Report to the Committee of Adjustment dated December 11, 2019).
Carried
Vote
Eric Newton opposed
Denise Rundle in favour
Sean Wiley in favour
4.2 P/CA 67/19
G. Slater
1305 Luna Court
The applicant requests relief from Zoning By-law 2520, as amended by By-laws 173/75
and 406/76 to permit:
• a maximum building coverage of 41 percent, whereas the by-law requires a
maximum building coverage of 33 percent;
• a minimum side yard width of 0.3 of a metre to the east lot line, whereas the by-law
requires a minimum side yard width of 1.2 metres.
The applicant requests approval of these variances in order to obtain a building permit
for an existing covered platform.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions.
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Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
Written comments were received from the City's Engineering Services Department
stating no opposition to the proposed 0.3 of a metre setback considering it is a
semi-detached dwelling, and drainage from the covered platform will be directed to the
rear yard.
Written comments were received from the City's Building Services Section expressing
no comments on the application.
Written comments were received from two property owners of Luna Court in support of
the application.
Greg Slater, 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 posed by Committee Members, Greg Slater stated there was
an existing deck when the house was purchased approximately 5 years ago. He started
minor alterations in refinishing the deck and' received a building permit to complete the
work when the by-law violations were identified around July 2019. -
Given the comments heard from the applicant, and taking into account the City
Development Department's Report, as well as considering the drainage to be
self-contained onto the subject property, Sean Wiley moved the following motion:
Moved by Sean Wiley
Seconded by. Eric Newton
That application. P/CA 67/19 by G. Slater, 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 dwelling and platform, as generally sited
and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the
staff Report to the Committee of Adjustment dated December 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
December 11, 2020, or this decision shall become null and void.
Carried Unanimously
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DICKERING
Committee of Adjustment
Meeting Minutes
Wednesday, December 11., 2019
7:00 pm
Council Chambers
4.3 P/CA 68/19
F. Daniel
129 Thicket Crescent
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93
to permit an accessory structure (shed) to be setback 0.3 of a metre from the side and
rear lot lines, whereas the by-law requires a setback of 1.0 metres.
The applicant requests approval of this variance in order to recognize an existing shed.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending deferral of the application to the January 8, 2020 meeting.
Neither the applicant nor an agent was present to represent the application. No further
representation was present in favour of or in objection to the application.
In response to a question posed by a Committee Member, the Secretary -Treasurer
stated the City Development Department is comfortable that all parties will have
reasonable time to gather the necessary information for the January 8, 2020 meeting.
Given the comments heard by City staff and the lack of representation from the
applicant, Tom Copeland moved the following motion:
Moved by Tom Copeland
Seconded by Eric Newton
That application P/CA 68/19 by F. Daniel, be Deferred to the next available meeting,
January 8, 2020, to allow staff to recirculate a revised Public Notice as it relates to the
variances requested.
Carried Unanimously
4.4 P/CA 69/19
First Simcha Shopping Centres Ltd. & Calloway REIT (Pickering)
1899 Brock Road
The applicant requests relief from Zoning By-law 3036, as amended by By-laws 551/99,
6961/09 & 6964/09, to permit:
o . a personal service shop, whereas the by-law permits personal service shop as an
accessory use to a business office, a discount department store, a professional office
and a retail store
• a commercial school, whereas the by-law does not permit commercial school as a
permitted use
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cdy
Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
• a maximum aggregate floor area for all restaurants — type F of 5,000 square metres,
whereas the by-law permits a maximum aggregate floor area for all restaurants — type F
of 2,000 square metres, unless at least one restaurant — type F has a minimum floor
area of 1,000 square metres, in which case the maximum aggregate floor area for all
restaurants — type F shall be 3,000 square metres
The applicant requests approval of this application to allow a personal service shop as
an independent use, to permit a commercial school as a new use and to increase the
maximum aggregate floor area for restaurants — type F from 2,000 to 5,000 square
metres.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions.
Written comments were received from the City's Engineering Services Department
expressing no comments on the application.
Written comments were received from the City's Building Services Section expressing
no comments on the application.
Written comments were received from the Toronto and Region Conservation Authority
expressing no objections to the application.
Tyler Peers, agent, was present to represent the application. No further representation
was present in favour of or in objection to the application.
In response to a question by a Committee Member, the Secretary -Treasurer read out -
the by-law definitions for personal service shop. The Secretary -Treasurer also stated
the by-law definition for restaurant — type F.
In response to questions posed by Committee Members, Tyler Peers stated the
requested variances are to be applied to the existing built -out spaces on the subject
lands. Tyler Peers indicated there has been a request for a children's tutoring service
facility at this site and the exact unit and tenants are undetermined at this time.
Denise Rundle moved the following motion:
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PJCKERJNG
Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
Moved by Denise Rundle
Seconded by Tom Copeland
That application P/CA 69/19 by First Simcha Shopping Centres Limited & Calloway
REIT (Pickering) 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, subject
to the following condition:
1. That where a commercial school is permitted the total floor area shall be limited to
464:5 square metres (5000 square feet).
Carried Unanimously
4.5 P/CA 70/19.
Y. Vienneau
1749 Hoxton Street
The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06,
to permit a covered platform not exceeding 0.5 of a metre in height above grade and not
projecting more than 2.4 metres into the required front yard, whereas the by-law permits
uncovered steps or platforms not exceeding 1.0 metres in height above grade and hot
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 to
construct an unenclosed covered platform in the front yard. The current building is
occupied by a fence and deck business.
The Secretary -Treasurer outlined the staff recommendation from the City Development
Department recommending approval subject to conditions.
Written comments were received from the City's Engineering Services Department
expressing no comments on the application.
Written comments were received from the City's Building Services Section expressing
limited construction work initiated by the landowner has begun to date in the form of
interior work, exterior cladding and roof repairs.
Written comments were received from the Canadian Pacific Railway expressing no
comments on the application.
Written comments were received from the Toronto and Region Conservation Authority
expressing no objections to the application and a TRCA permit will be required during
the building permit stage. •
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cdy
Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
Yvono Vienneau, applicant, was present to represent the application. No further
representation was present in favour of or in objection to the application.
In response to a question posed a Committee Member, the Secretary -Treasurer
advised the subject property is not listed on either the City's Municipal Heritage Register
or the Inventory of Heritage Properties.
In response to a question from a Committee Member, the applicant stated the purpose
of the deck to be located in the front yard is to facilitate.better access to the front of the
existing building.
Given that the application appears to meet the four tests of the Planning Act, as
documented and presented by the City Development Department and after reviewing
the comments by City staff and the Toronto and Region Conservation Authority,
Sean Wiley moved the following motion: .
Moved by Sean Wiley
Seconded by Eric Newton
That application P/CA 70/19 by Y. Vienneau, 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 covered platform, as generally sited and
outlined on the applicant's submitted plan (refer to Exhibit 2, 3 & 4 contained in the
staff Report to the Committee of Adjustment dated December 11, 2019).
2. That the applicant submit a site plan drawing illustrating the parking layout to
ensure compliance with the minimum parking requirements of Zoning By-law 3037,
as amended by June 1, 2020, or this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction by
December 10, 2021, or this decision shall become null and void.
Carried Unanimously
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Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
4.6 P/CA 71/19, P/CA 72/19 & P/CA 73/19
Marshall Homes (Copperfield) Ltd.
399 Frontier Court (Lot 1), 397 Frontier Court (Lot 2), 394 Frontier Court (Lot 4)
P/CA 71/19 (399 Frontier.Court (Lot 1))
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18:
• to permit a covered porch not exceeding 1.0 metre in height above grade to project
1.0 metre into the required front yard, whereas the by-law requires uncovered steps
or platforms not exceeding 1.0 metre in height above grade to project no more than
1.5 metres into any required front yard;
• to permit a rear yard setback of 5.5 metres to an uncovered platform and steps,
whereas the by-law requires a rear yard setback of 7.5 metres.
P/CA 72/19 (397 Frontier Court (Lot 2))
The applicant requests relief from Zoning By-law 2511, as amended by By=law 7610/18:
• to permit a covered porch not exceeding 1.0 metre in height above grade to project
1.5 metres into the required front yard, whereas the by-law requires uncovered steps
or platforms not exceeding 1.0 metre in height above grade to project no more than
1.5 metres into any required front yard.
P/CA 73/19 (394 Frontier Court (Lot 4))
The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18:
• to permit a covered porch not exceeding 1.0 metre in height above grade to project
2.2 metres into the required front yard, whereas the by-law requires uncovered steps
or platforms not exceeding 1.0 metre in height above grade to project no more than
1.5 metres into any required front yard.
The applicant requests approval of these variance in order to obtain building permits to
construct detached dwellings.
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 expressing
no comments on applications P/CA 71/19, P/CA 72/19 and P/CA 73/19.
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Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
Written comments were received from the City's Engineering Services Department for
P/CA 71/19 stating the applicant should ensure no adverse effects on the front yard and
rear yard soak away pits, as well as ensure no adverse effects on the rear yard trees as
platform and steps to not encroach onto drip line of existing trees.
Written comments were received from the City's Engineering Services Department for
P/CA 72/19 and P/CA 73/19 stating the applicant should ensure no adverse effects on
the front yard soak away pit.
Samantha Bateman, agent, was present to represent the application. Pavel Muresan of
Frontier Court was also present to find out more information about the project.
No further representation was present in favour of or in objection to the application.
Samantha Bateman spoke in support of the applications stating the applicant's
subdivision development on Frontier Court was not subject to rezoning applications and
has maintained the original zoning of the lands with the exception of the required minor
variances.
Pavel Muresan stated he is the property owner directly beside 399 Frontier Court.
Pavel Muresan and indicated he has concerns regarding the large size of the dwellings,
a proposed retaining wall between his property and the subject property at 399 Frontier
Court, and drainage and construction issues.
In response to concerns raised by Pavel Muresan, Samantha Bateman stated extensive
conversations have taken place between Marshall Homes staff and concerned
neighbours, where contractors have been advised each time a new issue was raised,
and Marshall Homes staff will continue to stay in touch with the concerned neighbours.
Samantha Bateman also noted that Marshall Homes staff have bi-weekly meetings with
City by-law staff present to discuss any concerns and progression of the project.
In response to questions from Committee Members, the Secretary -Treasurer indicated
improvements have been made to the subject sites regarding grading, drainage and
servicing to the satisfaction of the City and the Region of Durham.
Dave Johnson, Chair, advised Pavel Muresan it may be in his best interest to relay his
concerns to his City Councillor so they can speak with the City's Engineering Services
Department.
Given that the Committee Members are confident that the City's Engineering Services
staff will address the neighbour's concerns at the building permit stage, and the
applications appear to meet the four tests of the Planning Act as documented and
outlined by the City Development Department, Denise Rundle moved the following
motion:
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Committee of Adjustment 11
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
Moved by Denise Rundle
Seconded by Eric Newton
That application P/CA 71/19 by Marshall Homes (Copperfield) Ltd., be Approved on the
grounds that the requested variances are minor in nature, desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of the
Official Plan and the Zoning By-law, subject to the following conditions:
1. That these variances apply only to the proposed dwelling, as generally sited and.
outlined on the applicant's submitted plans (refer.to Exhibit 2 contained in the staff
Report to the Committee of Adjustment dated December 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
December 11, 2020, or this decision shall become null and void.
That application P/CA 72/19 by Marshall Homes (Copperfield) Ltd., be Approved on the
grounds that the requested variance is minor in nature, desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of the
Official Plan and the Zoning By-law, subject to the following conditions:.
1. That this variance apply only to the proposed dwelling, as generally sited and
outlined on the applicant's submitted plans (refer to Exhibit 4 contained in the staff
Report to the Committee of Adjustment dated December 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
December 11, 2020, or this decision shall become null and void.
That application P/CA 73/19 by Marshall Homes (Copperfield) Ltd., be Approved on the
grounds that the requested variance is minor in nature, desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of the
Official Plan and the Zoning By-law, subject to the following conditions:
1. That this variance apply only to the proposed dwelling, as generally sited and.
outlined on the applicant's submitted plans (refer to Exhibit 6 contained in the staff
Report to the Committee of Adjustment dated December 11, 2019).
2. That the applicant obtain a building permit for the proposed construction by
December 11, 2020, or this decision shall become null and void.
Carried Unanimously
Page 11 of 13
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Committee of Adjustment
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
5, Other Business
5.1 Appointment of Chairperson
Moved by Tom Copeland
Seconded by Denise Rundle
That David Johnson be appointed as Chairperson for the 2020 term.
Carried Unanimously
5.2 Appointment of Vice -Chairperson
Moved by Sean Wiley
Seconded by Eric Newton
That Tom Copeland be appointed as Vice -Chairperson for the 2020 term.
Carried Unanimously
5.3 Acknowledgement
David Johnson, Chair, noted this was the last meeting of the year and thanked City Staff
and Committee Members for their hard work and support throughout the year.
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Committee of Adjustment 13
Meeting Minutes
Wednesday, December 11, 2019
7:00 pm
Council Chambers
6. Adjournment
Moved by Eric Newton
Seconded by Denise Rundle
That the 12th meeting of the 2019 Committee of Adjustment be adjourned at 8:02 pm
and the next meeting.of the Committee of Adjustment be held on Wednesday, January
8, 2020.
Carried Unanimously
Date
Chair
Assistant Secretary -Treasurer
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Report to
Committee of Adjustment
Application Number: P/CA 68/19
Date: January 8, 2020
From: Deborah Wylie, MCIP, RPP
Principal Planner, Development Review .
Subject: Committee of Adjustment Application P/CA 68/19
F. Daniel
129 Thicket Crescent
Application
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93 to
permit:
• an accessory structure (shed) to be setback 0.4 of a metre from the side and rear lot lines,
whereas the by-law requires a setback of 1.0 metres;
• a partially covered platform and uncovered steps to project 2.86 metres into the required
rear yard.
The applicant requests approval of these variances in order to recognize an existing shed and
existing covered platform and steps.
Recommendation
The City Development Department considers the requested variance to permit an accessory
. structure (shed) to be setback 0.4 of a metre from the side and rear 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 variance, subject to the following conditions:
1. That this variance apply only to the accessory structure (shed), as generally sited and
outlined on the applicant's submitted plans (refer to Exhibit 2).
2. That the applicant obtain a building permit by January 8, 2021, or this decision shall
become null and void.
and
The City Development Department considers the requested variance to permit a partially
covered platform and uncovered steps to project 2.86 metres into the required rear yard 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:
Report P/CA 68/19
15
January 8, 2020
Page 2
1. That this variance apply only to the partially covered platform and uncovered steps, as
generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2).
2. That the applicant obtain a building permit by January 8, 2021, or this decision shall
become null and void.
Comment
Conforms to the Intent of the Official Plan and Zoning By-law
The subject property is designated "Urban Residential Areas —'Low Density Areas" within the
Highbush Neighbourhood. Lands within this designation permit a range of residential uses
including semi-detached dwellings.
The subject property is zoned "SD -A" within Zoning By-law 3036, amended by By-law 4271/93.
Request to reduce side and rear yard setbacks for an accessory structure
The intent of the zoning by-law in requiring accessory structures to provide a minimum
1.0 metre setback from all lot lines is to ensure that adequate space is available for
maintenance, to ensure that the eaves/overhangs of the structure do not encroach on the
adjacent properties, ensure roof drainage stays on the subject property, and to minimize the
visual impact that their location may have on adjacent properties.
The proposed reduction from 1.0 metre to 0.4 of a metre is sufficient to provide for adequate
separation to maintain the accessory structure. The eaves/overhang of the shed do not
encroach on the adjacent properties. The shed is 2.26 metres in height whereas the maximum
height for accessory buildings in any residential zone is 3.5 metres. Furthermore, the shed is
buffered from the rear yard property by mature vegetation.
Request to project into the required rear yard setback
The by-law requires uncovered steps or platforms not to project not more than 1.5 metres into
the required rear yard. The intent of this provision is to provide the opportunity for any stairs
and/or platforms to encroach into the rear yard when needed, and to ensure an adequate
landscaped area within the rear yard is provided.
The requested variance to permit a projection of 2.86 metres into the required rear yard is to
facilitate a partially covered deck and uncovered steps within the rear yard. Adequate
landscaped area will be maintained within the rear yard as the platform is setback 5.65 metres
from the rear property line.
Minor in Nature and Desirable for the Appropriate Development of the Land
The aggregate lot coverage of all structures at the property is 36.1 %, well within the lot
coverage maximum percentage of 40%. The height of the partial platform roof is in compliance
with the zoning by-law requirement of 12 metres. As such, the impact of the variances are
16
Report P/CA 68/19 January 8, 2020
Page 3
minor in nature. The enhancement of the rear yard amenity area is desirable for the
appropriate development of the land.
Conclusion
Staff is of the opinion that the requested variances are desirable for the appropriate
development of land, maintain the intent and purpose of the Official Plan and Zoning By-law,
' and are minor in nature.
Input From Other Sources
Engineering Services
Building Services
Date of report: January 2, 2019
Comments prepared by:
Felix Chau
Planner I
FC:DW:so
• No comments on the application.
• No comments on the application.
Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
J:tDocumenlstDevelopment1D-3700120191PCA 68-197. Report PCA 68-19 Report (January 6).docx
Attachments
Exhibit 1
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Location Map
File: P/CA 68/19
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PICKERING
City Development
Department
Applicant: F. Daniel
Property Description: Pt'Lt 73, Plan 40M-1735 Now, Pt 13-15, 40R-15158
(129 Thicket Crescent)
Date: Nov. 14, 2019
0Th Corporalkn oldie Cltyo(Pickering Produced On part) under Ikense from :00ueens Printer, Ontario Madgry of Natural Rewurces.
All rights resetved.0 Her Majesty the Queen In Right of Canada, Department of Natural Resources All rights reserved;
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SCALE: 1:2,500
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Exhibit 2
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Submitted Plan
4
File No: P/CA 68/19
PICKERING
Applicant: F. Daniel
Property Description: Pt Lt 73, Plan 40M-1735 Now, Pt 13-15, 4014-15158
City Development
(129 Thicket Crescent) -
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Dec 17, 2019
L:\Planning\01-MapFiles\PCA\2019
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File No: P/CA 68/19
PICKERING
Applicant: F. Daniel
Property Description: Pt Lt 73, Plan 40M-1735 Now, Pt 13-15, 40R-15158
City Development
(129 Thicket Crescent)
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Dec 17, 2019 C
L:\Planning\01-M apFiles\P CA\2019
D
20
Cty a�
DICKERING
Report to
Committee of Adjustment
Application Number: P/CA 01/20
Date: January 8, 2020
From: Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Subject: Committee of Adjustment Application P/CA 01/20
Piret Holdings Inc.
1865 Clements Road
Application
The applicant requests relief from Zoning By-law 2511, as amended, to permit:
• a minimum of 240 parking spaces, whereas the bylaw requires a minimum of 1 space per
56 squares metres of gross floor area for manufacturing, warehousing, and research uses;
• 100 percent of the total required parking to be located in the front yard, whereas the by, -law
permits a maximum of 20 percent of parking in the front yard.
The applicant requests approval of these variances in order to reduce the minimum number of
parking spaces required.
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 industrial use (Trench Limited / Siemens
Canada Limited), as generally sited and outlined on the applicant's submitted plans
(refer to Exhibit 2).
2. That the applicant submit revised as built drawings to be added to the existing Site Plan
file prior to January 8, 2021 or the decision shall be null and void.
Comment
Background
The applicant is proposing to fence a rear parking area to provide a secure outdoor storage
area in close proximity to the existing loading area. Removal of the rear parking area
consisting of 76 parking spaces reduces the total number of parking spaces provided from
316 to 240. An existing parking area at the front of the property contains 240 spaces.
21
Report P/CA 01/20 January 8, 2020
Page 2
Conforms to the Intent of the Official Plan and Zoning By-law
Pickering's Official Plan designates the subject property as "Employment Areas — General
Employment" within the Brock Industrial Neighbourhood. Lands within this designation are
intended to accommodate concentrations of manufacturing, assembly and warehousing uses,
and related,employment opportunities.
The intent of regulating the minimum number of parking spaces is to ensure that parking
demand is accommodated on-site. The by-law requires 1 parking space per 56 square metres
of gross floor area requiring a minimum of 316 parking spaces for the subject property.
The applicant indicates that the company has 250 shift work employees based out of this site.
The maximum number of employees that would be on site at any one time is 170. The existing
parking area at the front of the property consisting of 240 spaces is sufficient to accommodate
the parking demand for the 170 employees.
The intent of the by-law limiting parking to 20 percent of the total required parking to be located
in the front yard is to maintain the streetscape and character of the area. The approval of this
application will not change the amount of parking provided in the front yard. The existing
parking area consisting of 240 parking spaces will be maintained. The industrial nature of the
area where parking areas are located at the front of properties will be maintained. A previous
minor variance (P/CA 60/11) wasapproved to increase from 20 percent to 76 percent the
amount of parking permitted in the front yard. The change from the previously approved
76 percent of parking in the front yard to 100 percent is due to the removal of the parking area
consisting of 76 spaces in the rear yard.
Desirable for the Appriopriate Development of the Land
The ,proposed 100 percent of the total parking to be located in the front yard of the building is
intended to provide convenient access to the main entrance of the building. The rear yard
parking is located adjacent to the loading area and is to be fenced to provide a secure outdoor
storage area.
Minor in Nature
A reduction from 316 parking spaces to 240 parking spaces for the subject property will have
minimal impact as sufficient on-site parking will be maintained. The applicant indicates that a
total of 250 shift employees work at this site, and only a maximum of 170 employees will be
present at one time. As such, 240 parking spaces would be sufficient.
The existing condition of the front yard parking lot will be maintained. The increase from
76 percent of required parking spaces in the front yard to 100 percent is a function of the
removal of 76 parking spaces in the rear yard.
Conclusion
Staff is of the opinion that the requested variances 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.
22
Report P/CA 01/20 January 8, 2020
Page 3
Input From Other Sources
Engineering Services
Building Services
Date of report: January 2, 2020
Comments prepared by:
Felix Chau
Planner I
FC: DW: nwb
AFS ICSDCWmandaldocs\templates\CAtprogrammed\CA Report.doc
Attachments
• No comments on the application.
• No concerns with the application.
Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Exhibit 1,
Clements Road
McPherson Court
Subject
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Location Map
File: P/CA 01/20.
PICKERING
City Development
Department
Applicant: Piret Holdings Inc
Property Description:Pt Lot 22,25-27, Pt of Simon St, Plan M1040,
now Pt 1-3, 7, 8, 40R-27692 (1865 Clements Rd)
Date: Nov. 20, 2019
e, The Corporation of the City of Picketing Produced tin part) trader license from: 0 Queens Prints Ontario Mcdstry of Natural Resources.
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City Development
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Submitted Plan
File No: P/CA 01/20
Applicant: Piret Holdings Inc
Property Description: Pt Lot 22, 25-27, Pt of Simon St, Plan M1040; now Pt 1-3, 7, 8, 40R-27692
(1865 Clements Rd)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Dec 17, 2019
L:\Planning\01-MapFiles\P CA\2020
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DICKERING
25
Report to.
Committee of Adjustment
Application Number: P/CA 03/20
Date: January 8, 2020
From: Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Subject: Committee of Adjustment Application P/CA 03/20
9004807 Canada Inc. (Stonepay)
Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547
Application
The applicant requests relief from Zoning By-law 3037, as amended by By-law 7710/19, to
permit air conditioning units in the front yard between the front wall of the building or a dwelling
and a street.
The applicant requests approval of this variance in order to obtain site plan approval for
stacked townhouses with air conditioning units located between the front main wall of a
building and a street.
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 the variance apply only to the proposed stacked townhouses identified as Buildings
1 and 2 within Phase 1 of the overall development, on the applicant's submitted plans
(refer to Exhibits 2 and 3).
Background
On June 25, 2018, Council passed the site-specific zoning by-law for the applicant initiated
Zoning By-law Amendment application for the subject lands (see PLN 30-19, Attachment 1 and
Council Resolution #203-19, Attachment 2). Section 45(1.4) of the Planning Act, R.S.O. 1990;
c. P. 13 sets out a 2 -year 'time out' period requiring the applicant to wait until June 25, 2020
before seeking relief from the site specific provisions through a minor variance. However, the
Planning Act permits municipal councils to allow by resolution consideration of minor variance
applications within the time out period. The intent of the 2-year.time out period is to prevent
zoning provisions that Council determined to be important from being reversed through the
minor variance process. On December 16, 2019, City Council granted the applicant, 9004807
Canada Inc., an exemption to the 2 -year 'time out' period for applying for a minor variance
following the passing of an applicant initiated zoning by-law amendment.
26
Report P/CA 03/20 January 8, 2020
Page 2
Comment
Conforms to the Intent of the Official Plan and Zoning By-law
The subject lands are designated "Urban Residential Areas — Medium Density Areas" within
the Duffin Heights Neighbourhood. Stacked townhouses are an appropriate development
within the "Medium Density" designation.
Phase 1 of the overall development is zoned "MD -HM -1" in Zoning By-law 3037, as amended
by By-law 7710/19. Stacked Townhouses are a permitted use within the zone provided the
development conforms to the development standards set out in the By-law. During a zone
conformity check of the Phase 1 site plan application, staff noted that the location of air
conditioning units between the front main wall of stacked townhouse Buildings 1 and 2, and
Palmer's Sawmill Road did not comply with the site-specific zoning by-law. The applicant has
submitted this minor variance application for relief from this provision.
The Zoning By-law does not permit air conditioning units within the front yard or exterior side
yard (flank). Air conditioning units are permitted within the interior side yard or rear yard, out of
pedestrian view. The intent of the provision restricting the location of air conditioning units is to
shield views of the units from a public street and to maintain a high-quality public realm.
The applicant is proposing to screen these air conditioning units located on balconies or on top
of porticos from a pedestrian's line of sight using decorative metal panels. The screening will
be reviewed and approved by staff through the site plan approval process. Staff is of the
opinion that the decorative. metal panels effectively screen the air conditioning units and will
maintain a high-quality public realm.
Desirable for the Appriopriate Development of the Land and Minor in Nature
The applicant has submitted sufficient information with the variance application to demonstrate
the location of air conditioning units within the front yard will result in the appropriate
development of the land. The requested variance to permit the development is considered
minor in nature.
Conclusion
Staff is of the opinion that the requested variance to permit air conditioning units in the front
yard between the front wall of the building or a dwelling and a street is desirable for the
appropriate development of land, maintains the intent and purpose of the Official Plan and
Zoning By-law, and is minor in nature.
Input From Other Sources
Engineering Services • No comments on this application.
Building Services • The proposed location of the air conditioning
units may present an issue with the required
guard height at the time of permit issuance.
The applicant is encouraged to contact
Building Services for further discussion.
27
Report P/CA 03/20 January 8, 2020
Page 3
Date of report: January 2, 2020
Comments prepared by:
Tanjot Bal, MCIP, RPP
Planner II
TB: DW: nwb
Deborah Wyli, MCIP, RPP
Principal Planner, Development Review
J:\Documents\Development0-3700 Committee of Adjustment (PCA Applicalions)\2020\PCA 03-20\7. RepoA'PCA 03-20 Report.doc
Attachments
Exhibit 1
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PICKERING
City Development
Department
Location Map
File: PICA 03/20
Applicant: 9004807 Canada Inc. (Stonepay)
Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5
40R-28547 (Tillings Road)
Date: Nov. 29, 2019
O The Corporation of the City of Pideedrg Produced (roped) under license from: P. Queens Printer, Ontario M.n19ry of Natural Reaurce,.
All rights reserved.;®Ner Majesty the Queen In Right of Canada, Department of Natural Resources All rights reserved.;
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SCALE: 1:10,000
Tills IS NOTA PLAN OF SURVEY.
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Exhibit 2
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PICKERING
City Development
Department
Submitted Overall Concept Plan
File No: P/CA 03/20
Applicant: 9004807 Canada Inc. (Stonepay)
Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5 40R-28547 (Tillings Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Nov 29, 2019
L•\Planning \01-MapFiles\P CA\2019
30
Exhibit 3
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PALMER'S SAWMILL- ROAD
To permit air conditioning units in the
front yard between the front wall of a
building or a dwelling and a street
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Submitted Phase 1 Site Plan
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PICKERING
City Development
Department .
File No: P/CA 03/20
Applicant: 9004807 Canada Inc. (Stonepay)
Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5 40R-28547
(Tillings Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CIN OF PICKERING DATE: Nov 29, 2019
CITY DEVELOPMENT DEPARTMENT.
L:\Plan ni ng\01-M apFlles\PCA\2020
oiy..f
DICKERING
Attachment #
Report to
Council
Report Number: PLN 30-19
Date: December 16, 2019
From: Kyle Bentley
Director, City Development & CBO
Subject: Two-year period Exemption Request for
Minor Variance Application P/CA 03/20
9004897 Canada Inc. (Stonepay)
Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547
Recommendation:
1. That Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act,
R.S.O. 1990; c. P.13 as amended, and permit the Committee of Adjustment to consider
Minor Variance Applications resulting from the further processing of the Site Plan or Building
Permit applications submitted by 9004897 Canada Inc. (Stonepay), for Part of Lots 19 and
20, Concession 3, Now Parts 1 to 5, 40R-28547 before the second anniversary of the day on
which an applicant initiated zoning by-law amendment was enacted for the subject lands.
Executive Summary: This report recommends that Council adopt a resolution in accordance
with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, permitting the
Committee of Adjustment to consider a Minor Variance Application submitted by 9004897 Canada
Inc. (Stonepay), owner of Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547
(see Location Map, Attachment #1). The applicant is requesting approval of a minor variance
application to permit air conditioning units to be located within the front yard for 2 residential
blocks along Palmer's Sawmill Road; whereas the site-specific zoning by-law amendment
prohibits air conditioning units to be located between the front wall of a building or a dwelling and
a public street.
Financial Implications: There are no direct financial implications arising from Council's
adoption of the recommendation of this report.
1. Discussion:
Bill 73, the Smart Growth for Our Communities Act, 2015, amended the Planning Act, R.S.O.
1990; c. P. 13 by removing the ability for an applicant to apply for a minor variance for
2 years following the passing of the applicant's initiated zoning by-law amendment.
However, the amendment also permits municipal Council to allow minor variance
applications to proceed on a case-by-case basis by Council resolution. The Province
indicated that the intent of the amendment is to prevent, for a 2 year period, zoning
provisions that Council determines to be important from being. reversed through the minor
variance process.
32
Report: PLN 30-19 December 16, 2019
Subject: 9004897 Canada Inc. (Stonepay) Page 2
2. Proposed Residential Development
In 2017, 9004897 Canada Inc. (Stonepay) submitted applications for Draft Plan of
Subdivision and Zoning By-law Amendment for lands located north of Third Concession
Road, south of Dersan Street, east of Tillings Road and west of Brock Road within the Duffin
Heights Neighbourhood (see Location Map, Attachment #1).
The applicant proposes to develop the subject lands for a phased residential condominium
development consisting of 4 blocks of 726 units including a mix of street townhouses,
stacked townhouses and back-to-back townhouses (see Submitted Overall Concept Plan,
Attachment #2).
On December 1, 2017 Stonepay filed appeals to its applications for Draft Plan of Subdivision
and Zoning By-law Amendment to the Local Planning Appeal Tribunal (LPAT) on the basis
that the City did not make a decision on the applications within the prescribed timelines as
set out in the Planning Act. On June 25, 2018, City Council adopted Resolution #458/18 that
the LPAT be advised that City of Pickering supports Draft Plan of Subdivision Application
SP -2017-02 and Zoning By-law Amendment Application A 05/17 submitted by Stonepay. On
July 31, 2019, the LPAT ordered that the appeals be allowed in part, that the draft plan of
subdivision be approved subject to conditions, and that Zoning By-law 7710/19 be enacted.
Shortly after that approval, the applicant submitted a Site Plan Application for the first phase
of the development (see Submitted Phase 1 Site Plan, Attachment #3). During the review of
the site plan, staff noted that the location of air conditioning units between the front main wall
of stacked townhouse Buildings 1 and 2, and Palmer's Sawmill Road did not comply with' the
site-specific zoning by-law approved by the LPAT.
3. Minor Variance Application P/CA 03/20, 9004897 Canada Inc. (Stonepay)
On November 29, 2019, the applicant submitted Minor Variance Application P/CA 03/20
requesting that Section 5.(1)(2)(g) of Zoning By-law 7710/19 be varied to permit
air conditioning units in the front yard between the front wall of a building or dwelling and a
street. The minor variance application falls within the 2 year "time out" provision of the
Planning Act. A Council resolution is required to enable the Committee of Adjustment to
consider this minor variance application.
The applicant has indicated that the variance is required as certain units only have frontage
or access to the front of the building. This results from the nature of the stacked townhouse
built form where it is difficult to avoid locating air conditioning units between the front main
wall and the street.
Report: PLN 30-19
Subject: 9004897 Canada Inc. (Stonepay)
33
December 16, 2019
Page. 3
The applicant is proposing to locate the
air conditioning units on unit balconies
or on top of porticos. The intent of the
provision restricting the location of air
conditioning units is to shield views of
the units from a public street and to
maintain a high-quality public realm. It is
proposed that air conditioning units
located between the main front wall and
Palmer's Sawmill Road will be screened
with decorative metal panels shielding
all views from the municipal right-of-way.
The decorative metal panels will match
seamlessly with the balcony railings to
provide an attractive fagade and
streetscape.
The proposed variance is in keeping
with the general intent and purpose of
the City's Official Plan and Zoning
By law, which is to permit primarily
housing and related uses. Staff have
reviewed the site plan application for
Phase 1 and consider the proposed
residential development to have been
designed to appropriately accommodate
the site and maintain a high quality
public realm. The requested variance is
considered to allow appropriate
development for the site and to be minor.
4. Conclusion•
Staff are of the opinion that the submitted minor variance application will facilitate the
intended use of the subject lands as residential condominium development, and is in keeping
with the general intent and purpose of the City's Official Plan and the site specific zoning
by-law amendment.
It is recommended that Council grant an exemption in accordance with Section 45 (1.4) of
the Planning Act, R.S.O. 1990; c. P. 13, and permit Minor Variance Application P/CA 03/20,
submitted by 9004897 Canada Inc. (Stonepay) to be considered by the Committee
of Adjustment along with any other Minor Variance Applications resulting from the further
processing of site plans or building permit applications.
34
Report: PLN 30-19
Subject: 9004897 Canada Inc, (StoriepaY)
December 16, 2019
Page 4
Attachments:
1, Location Map
2. Submitted Overall Concept Plan
3. Submitted Phase 1 Site Plan
iPrepa ,d By
I
Ni!cash Surti, M IP, RPP
Manager, Development Review
& Urban Design
NS:id
Approved/Endorsed By
Catherine Rose, MCIP, RPP
Chief Planner
•
Kyle 'Bentley, P; Eng.
DirectOr, City Development & CBO
Recommended for the consideration
ofPickering City Pound!
Tony Prevedel, P. Eng.
Chief Administrative Officer
35
Attachment #1 to Report #PLN 30-19
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PICKERING
City Development
Department
Location Map
File: P/CA 03/20
Applicant: 9004807 Canada Inc. (Stonepay)
Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5
40R-28547 (Tillings Road)
Date: Nov. 29, 2019
di The Cerporztbn of the City of Pickering Produced (In pan} oder license Gens Cf clans Printer. Om ado Nmis0y of Natural Resources.
All rights reserved.tiller thiesty the Queen In Right of C nada, Department of flalval Res.Geo. All rights reserved
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SCALE: 1:10,000
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LWANNING101-fdapriesPCA12020PCA 0}20-0004007 Ca 'In ds Inc. (Slonepa»I PCA02.-20_Larallon".nap.rnsd
Attachment #2 to Report #PLN 30-19
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Submitted Overall Concept Plan
c4 4
File No: P/CA 03/20
PICKERING
Applicant: 9004807 Canada Inc. (Stonepay)
Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5 40R-28547 (Tillings Road)
City Development
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Nov 29, 2019
L\Planning\01-M apFiles\PCA\2019
37
Attachment #3 to Report #PLN 30-19
To permit air conditioning units in the
front yard between the front wall of a
building or a dwelling and a street
Ue
PICKERING�
City Development
Department
Submitted Phase 1 Site Plan
File No: P/CA 03/20
Applicant: 9004807 Canada Inc. (Stonepay)
Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5 40R-28547
(Tillings Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Nov 29, 2019
L 1Planning101-MapFiles\PCA12020
ING
Attachment tt,,
Council Meeting Minutes
December 16, 2019
Council Chambers
7:00 pm
Comprehensive Zoning By-law Review (Account 2611.2392.0000), be
approved;
3. That Council authorize the Director, Finance & Treasurer to finance the
Phase 1 net project cost in the amount of $131,123.00 as follows:
a) The sum of $32,500.00 as approved in the 2019 Current Budget -
Planning & Design Cost Centre be increased to $42,615.00 to be
funded from property taxes;
b) The sum of $67,500.00 as approved in the 2019 Current Budget —
Planning & Design .Cost Centre be increased to $88,508.00 be funded
by a transfer from the Development Charges — Studies Reserve Fund;
and,
4. That the, appropriate City of Pickering staff be authorized to enter into any
agreements to give effect hereto.
Carried
9.9 Director, City Development & CBO, Report PLN 30-19
Two-year period Exemption Request for Minor Variance Application
P/CA 03/20
9004897 Canada Inc. (Stonepay)
Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547
Resolution #203/19
Moved by Councillor Cumming
Seconded by Councillor Brenner
That Council grant an exemption in accordance with Section 45 (1.4) of the
Planning Act, R.S.O. 1990; c. P.13 as amended, and permit the Committee of
Adjustment to consider Minor Variance Applications resulting from the further
processing of the Site Plan or Building Permit applications submitted by 9004897
Canada Inc. (Stonepay), for Part of Lots 19 and 20, Concession 3, Now Parts 1 to
5, 40R-28547 before the second anniversary of the day on which an applicant
initiated zoning by-law amendment was enacted for the subject lands.
Carried
9.10 Director, City Development & CBO, Report PLN 31-19
Request to deviate from Civic Number Protocol set out the
Municipal Addressing Standard Operating Procedure:
Durham Live Development
c4 o�
DICKERING
39
Report to
Committee of Adjustment
Application Number: P/CA 04/20
Date: January 8, 2020
From: Deborah Wylie, MCIP, RPP
Principal Planner, Development Review
Subject: Committee of Adjustment Application P/CA 04/20
G. Slater
1305 Luna Court, Pickering
Application
The applicant requests relief from Zoning By-law 2520, as amended by By-law 406/76 to
permit a rear yard setback of 6.6 metres, whereas the by-law requires 7.5 metres.
The applicant requests approval of this variance in order to obtain a building permit for an
existing covered platform.
Recommendation
The City Development Department considers the requested variance to be minor in nature,
desirable for the appropriate development of the land, and in keeping with the general intent
and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval
of the proposed variance, subject to the following conditions:
1. That this variance apply only to the covered platform, as generally sited and outlined on the
applicant's submitted plans (refer to Exhibits 2 & 3).
•
2. That the applicant obtain a building_ permit for the proposed construction by
January 8,2021, or this decision shall become null and void.
Background,
On December 11, 2019, the Committee of Adjustment considered Minor Variance Application
P/CA 67/19 to facilitate a covered deck, and approved, subject to conditions, the following two
variances:
• a maximum coverage of 41 percent, whereas the By-law requires a maximum building
coverage of 33 percent;
• a minimum side yard width of 0.3 of a metre to the east lot line, whereas the By-law
requires a minimum side yard width of 1.2 metres.
The Committee's decision includes a condition that requires the applicant to obtain a building
permit by December 11, 2020, requiring the entire structure to be in conformity with the Zoning
By-law.
Subsequent to the approval of P/CA 67/19, the zoning review for the building permit identified
a third variance required to facilitate the covered deck. The current Minor Variance Application
40 Report P/CA 04/20
January 8, 2020
Page 2
P/CA 04/20 intends to recognize this further deficiency and bring the covered deck into
compliance with the Zoning By-law.
Comment
Conforms to the Intent of the Official Plan and Zoning By-law
The subject property is designated "Urban Residential Areas — Low Density Areas".
This designation permits a range of residential uses including semi-detached dwellings. The
requested variance is intended to accommodate a covered platform within the rear yard of a
semi-detached dwelling lot.
The subject property is zoned "SD" within Zoning By-law 2520, amended by By-laws 173/75
and 406/76.
The intent of a rear yard depth requirement is to ensure that a useable amenity space is
provided in the rear yard. The proposed 6.6 metre rear yard setback is due to a covered deck
extending from the rear of the dwelling into the rear yard. The proposed setback will maintain a
sufficient soft landscaped area in the rear yard of the property. The covered platform will also
serve to enhance the amenity area in the rear yard.
Desirable for the Appriopriate Development of the Land and Minor in Nature
The covered platform does not impose any adverse impacts or privacy concerns for the
abutting owners to the east at 1307 Luna Court. The abutting owners at 1303 and 1307
Luna Court have submitted letters in support of the minor variance application P/CA 67/19,
which facilitated variances for the same covered deck structure. The requested variances do
not represent overbuilding of the lot and would not compromise the amount of outdoor amenity
area/space on the subject property
Conclusion
Staff is of the opinion that the requested variance to permit a rear yard setback of 6.6 metres is
desirable for the appropriate development of land, maintains the intent and purpose of the
Official Plan and Zoning By-law, and is minor in nature.
Input From Other Sources
Engineering Services • No comments on the application.
Building Services • No concerns with the application.
1303 and 1307 Luna Court (Owners) • In support of the application.
Date of report: January 2, 2020
Comments prepared by: -
Felix Chau
Planner I
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Attachments
Deborah Wyli=, MCIP, RPP
Principal Planner, Development Review
Exhibit 1
Old Orchard Avenue
Ilona Park Road
Monica Cook Place
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Balsdon Park
Subject
Lands
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Foxglove Avenue
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Hewson Drive
Frenchman's
Bay Rate Payers
Memorial Park
Commerce Street
I 1 1
A4T
Cd
Location Map
File: P/CA 04/20
of
PICKERING
City Development
Department
Applicant: G. Slater
Property Description:Pt Lt 11, Plan M1045 Now, Pt 41 & 42, 40R-2976
(1305 Luna Court)
Date: Dec. 19, 2019
IS The Corporation of the Cly of Pickering Produced Qn part) undo, license from: Ce Queens Primer, Warp Ministry of Natural Resources.
Alights reserved.ge Ner Majesty the Queen N Right or Canada, Depadment of Natural Resources All flights reserved.;
D Telenet Enterprises Inc. and 0s suppikrs el dghls re woad; Ps Mu Neal Properly Assessment Corporation and Is suppliers e0 dghin reserved,;
SCALE: 1:2,500
THIS IS NOT A PLAN OF SURVEY,
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Exhibit 2
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Luna Court
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To permit a minimum rear
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PICKERING
,City Development
Department
Submitted Plan
File No: P/CA 04/20
Applicant: G. Slater
Property Description: Pt Lt 11, Plan M1045 Now, Pt 41 & 42, 40R-2976
(1305 Luna Court)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FORVIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Dec 20, 2019
L:\Planning\01-MapFiles\P CA12020
Exhibit 3
06-4
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6.6 m
3 8-s
:no3 euni
PICKERING
City Development
Department
Submitted Plan
File No: P/CA 04/20
Applicant: G. Slater
Property Description: Pt Lt 11, Plan M1045 Now, Pt 41 & 42, 40R-2976
(1305 Luna Court)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT•THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
DATE: Dec 20, 2019
L:1PIan ning101-MapFiles\PCA12020