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HomeMy WebLinkAboutJanuary 12, 2022Committee of Adjustment Agenda Hearing Number: 1 Date: Wednesday, January 12, 2022 pickering.ca Agenda Committee of Adjustment Wednesday, January 12, 2022 7:00 pm Electronic Hearing Page Number 1.Disclosure of Interest 2.Adoption of Agenda 3.Adoption of Minutes from December 8, 2021 1-12 4. Report 4.1 (Tabled at the October 13, 2021 Hearing)13-24 P/CA 95/21 D. & K. Bridges 1003 Cloudberry Court 4.2 P/CA 01/22 25-33 C. & J. Flynn 917 Vistula Drive 4.3 P/CA 02/22 34-39 M.Wilson 1100 Begley Street, Unit 9 4.4 P/CA 03/22 to P/CA 30/22 40-49 Marathon Homes Limited 2622-2652 Delphinium Trail, and 2735-2749 & 2753-2759 Peter Matthews Drive 4.5 P/CA 31/22 50-56 P.Nelson 1707 Echo Point Court 4.6 P/CA 32/22 57-62 A.Gilani & S. Hakeem-Gilani 851 Surf Avenue 4.7 63-68P/CA 33/22 Infrastructure Ontario Lands within the Hydro Corridor located east of 915 & 935 Sandy Beach Road 5.Adjournment For information related to accessibility requirements please contact: Samantha O’Brien Telephone: 905.420.4660, extension 2023 Email: sobrien@pickering.ca Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 1 of 12 Pending Adoption Present Tom Copeland – Vice-Chair David Johnson – Chair Eric Newton Denise Rundle Sean Wiley Also Present Cody Morrison, Secretary-Treasurer Samantha O’Brien, Assistant Secretary-Treasurer Felix Chau, Planner II Isabel Lima, (Acting) Planner II 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 Tom Copeland That the agenda for the Wednesday, December 8, 2021 hearing be adopted. Carried Unanimously 3.Adoption of Minutes Moved by Tom Copeland Seconded by Denise Rundle That the minutes of the 11th hearing of the Committee of Adjustment held Wednesday, November 10, 2021 be adopted. Carried Unanimously -1- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 2 of 12 4.Reports 4.1 P/CA 44/21 and P/CA 45/21 Marvel Homes Incorporated 1424 Altona Road P/CA 44/21 – Part 1 The applicant requests relief from Zoning By-law 3036, as amended, to permit: •a minimum lot frontage of 12.8 metres, whereas the By-law requires a minimum lot frontage of 18.0 metres; •a minimum side yard setback of 1.2 metres on the north side yard, whereas the By-law requires a minimum side yard setback of 1.8 metres; and •a minimum side yard setback of 0.6 of a metre on the south side yard, whereas the By-law requires a minimum side yard setback of 1.8 metres. P/CA 45/21 – Part 2 The applicant requests relief from Zoning By-law 3036, as amended, to permit: •a minimum lot frontage of 12.8 metres, whereas the By-law requires a minimum lot frontage of 18.0 metres; •a minimum side yard setback of 0.6 of a metre on the north side yard, whereas the By-law requires a minimum side yard setback of 1.8 metres; and •a minimum side yard setback of 1.2 metres on the south side yard, whereas the By-law requires a minimum side yard setback of 1.8 metres. The applicant requests approval of these variances in order to facilitate a Land Division application through the Region of Durham’s Land Division Committee. The Secretary-Treasurer outlined that City staff are of the opinion that the requested variances meet the four tests of the Planning Act. Written comments were not received from the City’s Building Services Section on the application. Written comments were received from the City’s Engineering Services Department stating there would not be enough space between the lots for a rear lot catch basin (RLCB) lead and easement, should one be required for the future severance application. An alternate solution would be required. In support of the application, the applicant submitted a Planning Justification Report. -2- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 3 of 12 Brian Moss, agent, and Michael Perciasepe, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. Brian Moss spoke in support of this request stating the application is to facilitate the last lot fronting onto Altona Road within this development. The application requests to sever the property, and stated agreement with the staff report to the Committee of Adjustment. In response to questions from Committee Members, Michael Perciasepe stated the maple tree in the middle of the property is diseased and the neighbour is concerned with it falling down. The other tree nearest to Fawndale Road is in good health and will remain. Regarding the comments received from the City’s Engineering Services Department, there is a catch basin at the south-east corner of the property and extending it should not pose any issues. Committee Member Denise Rundle indicated she is pleased to see two infill lots maintain existing compatible elevations along Fawndale Road. With adjoining dwellings having similarly established setbacks and maintaining existing compatibility with the neighbourhood and streetscape, the applications appear to meet the four tests of the Planning Act, as such Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Denise Rundle That application P/CA 44/21 and P/CA 45/21 by Marvel Homes Incorporated, 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 these variances apply only to the subject property, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4 contained in the staff report to the Committee of Adjustment, dated December 8, 2021). Carried Unanimously -3- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 4 of 12 4.2 P/CA 109/21 and P/CA 110/21 S. Perks 1882 Appleview Road P/CA 109/21 – Part 1 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21, to: • permit a minimum lot frontage of 15.2 metres, whereas the By-law requires a minimum lot frontage of 18 metres; • permit minimum north and south side yards of 1.5 metres, whereas the By-law states that when a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.8 metres; and • permit a maximum dwelling depth of 20.6 metres, whereas the By-law states that the maximum dwelling depth for lots with depths greater than 40 metres shall be 20 metres. P/CA 110/21 – Part 2 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21, to: • permit a minimum lot frontage of 15.2 metres, whereas the By-law requires a minimum lot frontage of 18 metres; • permit minimum north and south side yards of 1.5 metres, whereas the By-law states that when a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.8 metres; • permit a maximum dwelling depth of 20.6 metres, whereas the By-law states that the maximum dwelling depth for lots with depths greater than 40 metres shall be 20 metres; and • recognize an existing accessory structure (shed) with a height of 4.3 metres, whereas the By-law states no accessory building shall exceed a height of 3.5 metres in any residential zone. The applicant requests approval of these minor variance applications in order to sever the property resulting in a total of 2 lots and to construct a detached dwelling on each lot. The Secretary-Treasurer outlined that City staff are of the opinion that the requested variances meet the four tests of the Planning Act. Written comments were received from the City’s Building Services Section expressing no concerns with the applications. -4- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 5 of 12 Written comments were received from the City’s Engineering Services Department expressing no comments on the applications. In support of the application, the applicant identified it is necessary to reduce the lot frontage and the side yards in order to accommodate two lots. With concerns being raised on the proposed elevations from the resident to the south, the applicant and agent have provided Committee Members with a letter and drawings of the corrected elevations of the dwelling on the proposed south lot. Grant Morris, agent, and Stephanie Molinaro and Trevor Perks, owners, were present to represent the application. Murray Tetford, resident of 1878 Appleview Road, was present to discuss the application. No further representation was present in favour of or in objection to the application. Grant Morris spoke in support of the application stating agreement with the staff report to the Committee of Adjustment and several lots along the street having similar lot frontages and depths comparable to those requested through the submitted applications. Grant Morris indicated the south elevations drawings were shared with the resident to the south. Murray Tetford who previously expressed concern with the application stated gratitude toward the applicants and agent for the additional elevation drawings and information that were provided, stating agreement with the proposal. In response to a question from a Committee Member, Grant Morris stated the existing attached brick garage will not remain. After reviewing the application and noting the consultation and clarification that was discussed during the Hearing, the applications appear to meet the four tests of the Planning Act and are compatible with the neighbourhood, as such Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 109/21 and P/CA 110/21 by S. Perks, 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 these variances apply only to the 2 proposed lots and detached dwellings, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated December 8, 2021). Carried Unanimously -5- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 6 of 12 4.3 P/CA 111/21 M. Vattipulusu & D. Akula 1817 Parkhurst Crescent The applicant requests relief from Zoning By-law 3037, as amended by By-law 7020/10, to permit: • uncovered steps and a platform to be setback a minimum of 0.3 of a metre from an interior side lot line, whereas the By-law requires a covered or uncovered porch, veranda or balcony and with or without a foundation to be setback a minimum of 0.6 of a metre from an interior side lot line; and • a deck in the rear yard to be setback a minimum of 2.1 metres to the rear lot line, whereas the By-law requires uncovered decks of any height provided a minimum setback of 3.0 metres is provided to the rear lot line. The applicant requests approval of these variances in order to facilitate the construction of an above grade staircase leading to an entrance of an accessory dwelling unit and to recognize an existing rear yard platform (deck). The Secretary-Treasurer outlined that City staff are of the opinion that the requested variances meet the four tests of the Planning Act. Written comments were not received from the City’s Building Services Section on the application. Written comments were received from the City’s Engineering Services Department stating the applicant should ensure reduced setbacks do not adversely affect the drainage patterns within the lots and surrounding area. Written comments from the residents of 1815 Parkhurst Crescent were received in objection to the application, outlining concerns related to the staircase within the side yard and the safety and maintenance access between the adjacent dwellings. In support of the application, the applicant identified the existing by-law requires an interior side yard setback of 0.6 of a metre whereas 0.34 of a metre is being provided. Valiuddin Mohammed, agent, was present to represent the application. Subashini Thurairaja and Bharat Panner, of 1815 Parkhurst Crescent were present in objection to the application. No further representation was present in favour of or in objection to the application. -6- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 7 of 12 Subashini Thurairaja of 1815 Parkhurst Crescent spoke in opposition to the application, stating concerns with safety and discomfort with infringement onto their property due to the lack of space and privacy fence between the dwellings where the side yard steps and entrance are proposed to be located. In response to a question from a Committee Member; Subashini Thurairaja outlined there is not currently a fence located between the properties. In response to a question from a Committee Member regarding the permission of fences; Cody Morrison, Secretary Treasurer, stated fences are governed by the City’s Fence By-law. The City’s Fence By-law allows for fences to be erected within the front and side yards provided they maintain the height and material prescribed under the fence by-law. In response to questions from Committee Members, Valiuddin Mohammed stated intent to create a landscaped hard pathway from the front yard to the side entrance, as well as confirmed additional landscaping to be professionally finished for safe access of all parties. Neighbouring concerns can be addressed by relocating the air conditioning unit currently located on the north side of the dwelling to the rear of the property. The gas metre is located on the south wall, however it will not impede the access to the side entrance. New window wells are to be included as part of the building code requirements and will be located beyond the proposed steps. Valiuddin Mohammed stated larger furniture items can be accessed through the front or rear yard entrances, when required, however the side entrance will be the principal entrance to the accessory dwelling unit. The accessory dwelling unit will have two bedrooms and be located in the basement. Providing an alternative access to the basement is cost prohibitive. No other side yard comparisons were completed along this street referencing similar adjacent dwellings with such narrow side yards. After listening to the applicant, this proposal appears to provide very limited space to accommodate access. Basement occupants and guests visiting the property would be seemingly obtrusive to the neighbours and the application does not appear to meet the four tests of the Planning Act; as such Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Denise Rundle That application P/CA 111/21 by M. Vattipulusu & D. Akula, be Refused on the grounds that the requested variances do not appear to meet the four tests of the Planning Act. Carried Unanimously -7- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 8 of 12 4.4 P/CA 112/21 Marathon Homes Limited 2601 Delphinium Trail The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit: • a parking space to be a minimum of 2.6 metres in width and 3.8 metres in length, whereas the By-law requires parking spaces to be a minimum of 2.6 metres in width and 5.3 metres in length; and • a parking space to be within a daylighting triangle, whereas the By-law states no parking space shall be permitted within any daylighting triangle. The applicant requests approval of this minor variance application in order to permit an outdoor parking space that is partially located in a daylighting triangle. The Secretary-Treasurer outlined that City staff are of the opinion that the requested variances meet the four tests of the Planning Act. Written comments were received from the City’s Building Services Section expressing no concerns with the application. Written comments were received from the City’s Engineering Services Department expressing no comments on the application. In support of the application, the applicant identified the large daylight triangle does not permit the required parking space of 2.6 metres by 5.3 metres to be within the lot boundaries. Richard Vink, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Richard Vink spoke in support of the application stating the subject site is a corner lot of an eight unit townhouse block. Richard Vink indicated all efforts to alter the design have been made, save and except the requested variances due to the daylight triangle associated with parking. The encroachment resulting from the application is believed to have minimal effect and meet the four tests of the Planning Act. In response to a question from a Committee Member, Richard Vink stated the distance between the front property line and the travelled portion of Delphinium Trail is just under 4 metres, which also contains a sidewalk. -8- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 9 of 12 After review of the application, noting the irregular shape of the lot and the sufficient space between the parking space and the travelled portion of the road, the application appears to meet the four tests of the Planning Act; as such Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 112/21 by Marathon Homes Limited, 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 these variances apply only to the proposed outdoor parking space, 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 8, 2021). Carried Unanimously -9- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 10 of 12 4.5 P/CA 113/21 A. & R. Lopez 2124 Erin Gate Boulevard The applicant requests relief from Zoning By-law 3036, as amended by By-law 5493/99, to permit a total of two parking spaces on the property where an accessory dwelling unit is located, whereas the By-law requires a total of three parking spaces. The applicant requests approval of this variance in order to permit an accessory dwelling unit within a dwelling with two parking spaces on the lot. The Secretary-Treasurer outlined that City staff are of the opinion that the requested variance does not meet the four tests of the Planning Act. Written comments were not received from the City’s Building Services Section on the application. Written comments were received from the City’s Engineering Services Department expressing no comments on the application. In support of the application, the applicant identified that only a total of 2 parking spaces are possible at this property despite 3 parking spaces being required for a second dwelling unit in the basement. Ravinder Singh, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Ravinder Singh spoke in support of the application stating the second unit is located in the basement of the property and the lot is with an angled. A third parking space is not possible given the irregular shape of the lot. The proposal is to accommodate zero parking spaces for the accessory dwelling unit and 2 parking spaces for the primary dwelling unit. In response to questions from Committee Members, Ravinder Singh stated 1 bedroom is proposed in the basement apartment unit. To clarify, there was a typographical error on the site plan, which should indicate the property is a semi-detached dwelling. The basement is a walk-out, where the deck is connected to the first floor of the property, above the basement entrance. The main floor is occupied by the primary residents, having 2 vehicles. To enforce such parking arrangements, there could be a clause in the lease agreement stipulating no available parking to the tenants. In response to a question from a Committee Member, Felix Chau, Planner II, confirmed this property is a semi-detached dwelling, and the attached dwelling south of the subject lands may have been omitted in the drawings provided by the applicant. -10- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 11 of 12 After reading the staff report to the Committee of Adjustment, listening to comments and responses made by the applicant’s agent, the application appears to not to meet the four tests of the Planning Act; as such Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application P/CA 113/21 by A. & R. Lopez, be Refused on the grounds that the requested variance does not meet the four tests of the Planning Act. Carried Unanimously -11- Committee of Adjustment Hearing Minutes Wednesday, December 8, 2021 7:00 pm Electronic Hearing Page 12 of 12 5. Adjournment Moved by Eric Newton Seconded by Sean Wiley That the 12th hearing of the 2021 Committee of Adjustment be adjourned at 7:58 pm and the next hearing of the Committee of Adjustment be held on Wednesday, January 12, 2022. Carried Unanimously __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer -12- Report to Committee of Adjustment Application Number: P/CA 95/21 Date: January 12, 2022 From: Deborah Wylie, MCIP, RPP Manager, Zoning and Administration Subject: (Tabled at the October 13, 2021 Hearing) Committee of Adjustment Application P/CA 95/21 D. & K. Bridges 1003 Cloudberry Court Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 6992/09, to: •permit a minimum front yard of 3.2 metres, whereas the By-law requires a minimum front yard of 7.5 metres; •permit a minimum rear yard of 4.0 metres, whereas the By-law requires a minimum rear yard of 7.5 metres; •permit a minimum west side yard of 1.2 metres, whereas when a garage is erected as part of a detached dwelling, the By-law requires a minimum side yard of 1.8 metres; •permit a covered platform (front porch) not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into the required front yard, whereas the By-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required front or rear yard and not more than 0.5 metres in any required side yard; •permit a maximum lot coverage of 36 percent, whereas the By-law permits a maximum lot coverage of 33 percent; •permit an accessory building (detached garage) to be erected in the east 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; and •permit an accessory building (detached garage) with a height of 5.8 metres, whereas the By-law states no accessory building shall exceed a height of 3.5 metres in any residential zone. The applicant requests approval of this minor variance application in order to facilitate the submission of an Application for Building Permit to permit the construction of a detached dwelling and detached garage. -13- Report P/CA 95/21 January 12, 2022 Page 2 Recommendation The City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and is of the opinion that the requested variances meet the four tests. Staff recommend that the Committee of Adjustment consider all public and agency input in reaching a decision. Should the Committee find merit in this application, the following condition is recommended: 1. That these variances apply only to the proposed detached dwelling and detached garage, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7). Background Previous Committee of Adjustment Hearing At the October 13, 2021 Committee of Adjustment hearing, the Committee of Adjustment tabled application P/CA 95/21, to allow the applicant to work with Engineering Services to address the issues raised by Engineering, related to grading, drainage and stormwater management. The applicant has worked with Engineering staff to address their concerns, including submitting a revised grading & servicing plan, arborist report and arborist plans to Engineering Services. As noted in their comments (refer to Input from Other Sources), Engineering Services no longer has concerns with the requested variances. Previous Land Division Application Land Division Application LD 117/18 was approved by the Region of Durham Land Division Committee in 2018, to permit a severance of 1089 Dunbarton Road (the west abutting property), creating a total of 2 lots. The subject property, 1003 Cloudberry Court, is the resulting severed property. The owners of 1089 Dunbarton Road have applied for this minor variance application on behalf of a potential new owner of the subject property. Proposed Access The proposed dwelling and driveway access will front onto Cloudberry Court, as shown on Exhibit 2. Comment Conforms to the Intent of the Official Plan The subject site is designated Urban Residential Areas – Low Density Area within the Dunbarton Neighbourhood. The applicant is proposing to construct a detached dwelling, which is a permitted use within this designation and a built form within the Dunbarton Neighbourhood. -14- Report P/CA 95/21 January 12, 2022 Page 3 The subject property is not located within one of the established Neighbourhood Precincts in which the Urban Design Guidelines for the Infill and Replacement Housing in Established Neighbourhoods Study applies. Conforms to the Intent of the Zoning By-law Front Yard Variance The intent of the minimum front yard requirement of 7.5 metres is to maintain a consistent setback with abutting properties to mitigate views and privacy concerns, and to provide landscaped area and space for parking in the front yard. Due to the irregular configuration of the lot, the size of the front yard is greatly restricted. Nonetheless, the front wall of the proposed dwelling is situated generally in line with the only abutting dwelling to the west (1089 Dunbarton Road, the applicant). The dwelling to the west is setback approximately 4.0 metres from the front lot line, whereas the proposed dwelling is setback 3.2 metres. The proposed front yard is appropriate relative to the shape of the lot and is not anticipated to diminish views or privacy. The proposed attached garage and detached garage will provide a total of 5 parking spaces on the lot. There is sufficient room in the front yard for parking and landscaping. Rear Yard Variance The intent of the minimum rear yard requirement of 7.5 metres is to protect the privacy of abutting properties and to maintain sufficient outdoor amenity space. On the west side wall of the dwelling (which faces the abutting property to the west), only two small windows are proposed at the rear (refer to Exhibit 5). This will help mitigate issues related to privacy. To the south, the subject property backs onto Kingston Road. There is sufficient amenity space to the rear of the dwelling and attached garage for outdoor activities. West Side Yard Variance The intent of the minimum side yard requirement of 1.8 metres is to accommodate drainage and to provide sufficient room for the maintenance of a dwelling. The abutting dwelling to the west is setback approximately 5 metres from the shared property line. The proposed dwelling on the subject property and the dwelling immediately to the west will maintain a building separation of approximately 6.2 metres. There is sufficient room between the structures on the abutting properties to accommodate drainage and for the maintenance of each dwelling. Covered Front Porch Variance The requested variance is to permit a covered platform (front porch) to project not more than 1.5 metres into the required front yard, whereas the By-law permits only uncovered platforms to project into the front yard. The covered front porch will provide weather protection at the main entrance of the dwelling and is in keeping with the intent of the By-law. -15- Report P/CA 95/21 January 12, 2022 Page 4 Lot Coverage Variance The intent of the maximum lot coverage requirement of 33 percent is to maintain an appropriate amount of yard space (for landscaping and amenity areas) uncovered by buildings on a lot. The proposed dwelling and covered front porch account for 23 percent of the total lot coverage, whereas the detached garage and attached garage account for 14 percent of the total lot coverage. The property has adequate landscaping area in the front yard, and sufficient area in the rear and east side yards for outdoor amenity space. Staff are of the opinion that an increase of 3 percent lot coverage will not result in a great loss of yard space. Accessory Building Variances (Location and Height) The intent of locating accessory structures in the rear yard only is to minimize the visual impact on streetscape and adjacent properties, and to ensure the structures remain accessory to the principal use of the property. The intent of the maximum height requirement of 3.5 metres is to minimize the visual impact on adjacent properties. The proposed detached garage is setback 2.9 metres from the front property line, which will help reduce the visual impact of the structure on the streetscape. Considering that the detached garage is located in the east side yard, and that the subject property is a corner lot with no abutting property to the east or to the south, the structure is not anticipated to have a visual impact on neighbours. The garage is being used for vehicle parking and storage purposes only and is accessory to the proposed residential dwelling. The garage has been designed to have a similar architectural style to the dwelling. Desirable for the Appriopriate Development of the Land The requested variances are desirable for the appropriate development of the land, as they will facilitate the development of a vacant lot. Considering the irregular configuration of the lot, staff are of the opinion that any proposed dwelling on the lot (with a desirable floor area) may require variances to the front and rear yard setbacks. The proposed attached and detached garages will provide for five indoor parking spaces and storage areas. This will reduce the number of cars parked outdoors in the front yard, which is desirable for this property, considering the reduced front yard. Minor in Nature Considering the irregular configuration of the lot, staff deem the requested variances to be minor in nature. -16- Report P/CA 95/21 January 12, 2022 Page 5 Input From Other Sources Applicant • The lot size and setbacks make it difficult for the clients to construct their two-storey dwelling to fit within the setbacks and lot coverage requirements. • The increase in building height for the detached garage is so that the exterior architectural features of the detached garage can follow the exterior architectural features of the house. • The house has certain roof pitches and roof height, and the detached garage has been designed to match that as much as possible. Engineering Services • No concerns with the requested variances. • This lot was created through a Land Division application (LD 117/18). The requested variances did not match the plans submitted with the aforementioned Land Division application and therefore, the applicant has provided a revised Grading & Servicing Plan, Arborist Report and Arborist Plans. • Ensure the LID (low impact development) measures, proposed tree plantings, etc. shown in the aforementioned documents are reflected on the plans submitted at the Building Permit stage. Building Services • Building Services do not have any concerns. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: January 5, 2022 Comments prepared by: Isabel Lima Deborah Wylie, MCIP, RPP (Acting) Planner II Manager, Zoning and Administration IL:jc J:\Documents\Development\D-3700\2021\PCA 95-21 D. & K. Bridges\7. Report Attachments -17- Sp a r t a n C o u r t Kings t o n R o a d Bayly Street Ra m b l e b e r r y A v e n u e W a l n u t L ane D i x i e Road D u n c h u r c h S t r e e t Fa l c o n c r e s t D r i v e Dunbart o n R o a d C lo u d b e rry C o u r t Gle n Eden Court Ke l v i n w a y L a n e Wo l l a s t o n C o u r t Meadowridge C rescent Highway 401 DalewoodRavine Vistula Ravine City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: P/CA 95/21 Date: Sep. 13, 2021 Exhibit 1 D. & K. Bridges1003 Cloudberry Court SubjectLands L:\PLANNING\01-MapFiles\PCA\2021\PCA 95-21 D. & K. Bridges\PCA95-21_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved.-18- Ex h i b i t 2 Su b m i t t e d Si t e Pl a n Fi l e N o : P/ C A 95 /2 1 Ap p l i c a n t : D. & K . B r i d g e s Mu n i c i p a l A d d r e s s : 10 0 3 C l o u d b e r r y C o u r t CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : Se p t e m b e r 2 2 , 2 0 2 1 to p e r m i t a m i n i m u m fr o n t y a r d o f 3 . 2 m e t r e s to p e r m i t a m i n i m u m re a r y a r d o f 4 . 0 m e t r e s to p e r m i t a m i n i m u m we s t s i d e y a r d o f 1. 2 me t r e s to p e r m i t a c o v e r e d p l a t f o r m (f r o n t p o r c h ) n o t e x c e e d i n g 1. 0 m e t r e i n h e i g h t a b o v e gr a d e a n d n o t p r o j e c t i n g mo r e t h a n 1 . 5 m e t r e s i n t o th e re q u i r e d f r o n t y a r d to p e r m i t a m a x i m u m l o t co v e r a g e o f 3 6 p e r c e n t to p e r m i t a n a c c e s s o r y bu i l d i n g w i t h a h e i g h t of 5 . 8 m e t r e s to p e r m i t a n a c c e s s o r y b u i l d i n g t o be e r e c t e d i n t h e e a s t s i d e y a r d -19- Ex h i b i t 3 Su b m i t t e d Fr o n t E l e v a t i o n P l a n - Dw e l l i n g Fi l e N o : P/ C A 95 / 2 1 Ap p l i c a n t : D. & K . B r i d g e s Mu n i c i p a l A d d r e s s : 10 0 3 C l o u d b e r r y C o u r t CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : Se p t e m b e r 2 2 , 2 0 2 1 to p e r m i t a c o v e r e d p l a t f o r m ( f r o n t p o r c h ) no t ex c e e d i n g 1 . 0 m e t r e i n h e i g h t a b o v e g r a d e a n d no t p r o j e c t i n g m o r e t h a n 1 . 5 m e t r e s i n t o t h e re q u i r e d f r o n t y a r d -20- Ex h i b i t 4 Su b m i t t e d Re a r El e v a t i o n P l a n - Dw e l l i n g Fi l e N o : P/ C A 95 / 2 1 Ap p l i c a n t : D. & K . B r i d g e s Mu n i c i p a l A d d r e s s : 10 0 3 C l o u d b e r r y C o u r t CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : Se p t e m b e r 2 2 , 2 0 2 1 -21- Ex h i b i t 5 Su b m i t t e d We s t S i d e El e v a t i o n P l a n - Dw e l l i n g Fi l e N o : P/ C A 95 / 2 1 Ap p l i c a n t : D. & K . B r i d g e s Mu n i c i p a l A d d r e s s : 10 0 3 C l o u d b e r r y C o u r t CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : Se p t e m b e r 2 2 , 2 0 2 1 -22- Ex h i b i t 6 Su b m i t t e d Ea s t Si d e El e v a t i o n P l a n - Dw e l l i n g Fi l e N o : P/ C A 95 / 2 1 Ap p l i c a n t : D. & K . B r i d g e s Mu n i c i p a l A d d r e s s : 10 0 3 C l o u d b e r r y C o u r t CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : Se p t e m b e r 2 2 , 2 0 2 1 -23- Ex h i b i t 7 Su b m i t t e d F r o n t El e v a t i o n P l a n - A cc e s s o r y Bui l d i n g Fi l e N o : P/ C A 95 / 2 1 Ap p l i c a n t : D. & K . B r i d g e s Mu n i c i p a l A d d r e s s : 10 0 3 C l o u d b e r r y C o u r t CO N T A C T T H E C I T Y O F PI C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : Se p t e m b e r 2 2 , 2 0 2 1 to p e r m i t a n ac c e s s o r y bu i l d i n g w i t h a he i g h t o f 5. 8 me t r e s -24- Report to Committee of Adjustment Application Number: P/CA 01/22 Date: January 12, 2022 From: Deborah Wylie, MCIP, RPP Manager, Zoning and Administration Subject: Committee of Adjustment Application P/CA 01/22 C. & J. Flynn 917 Vistula Drive Application The applicant requests relief from Zoning By-law 2520, as amended, to permit: • a minimum front yard setback of 6.0 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; • a minimum side yard setback of 1.1 metres, whereas the By-law requires a minimum side yard setback of 1.5 metres. The applicant requests approval of these variances in order to facilitate the construction of porch in the front yard projecting from the existing single-storey detached dwelling, and a two-storey addition on the west side of an existing single storey detached dwelling to accommodate an attached garage and a habitable second storey above the garage including a rear second-storey deck. Recommendation The City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and are of the opinion that the requested variances meet the four tests. Staff recommend that the Committee of Adjustment consider all public and agency input in reaching a decision. Should the Committee find merit in this application, the following condition is recommended: 1. That these variances apply only to the detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). Comment Conforms to the Intent of the Official Plan Pickering’s Official Plan designates this property as “Urban Residential Areas – Low Density Areas” within the West Shore Neighbourhood. This designation provides for residential uses including detached dwellings. -25- Report P/CA 01/22 January 12, 2022 Page 2 Conforms to the Intent of the Zoning By-law The subject property is zoned R4 within Zoning By-law 2520, as amended. The intent of the provision requiring a 7.5 metre front yard setback is to provide an adequate separation distance between the building and the street activity in the front yard, and to provide an adequate landscaped area and parking space in front of the property. The request to reduce the front yard setback to 6.0 metres is to facilitate a two-storey addition to an existing one-storey dwelling, and to construct a front yard platform (porch) attached the existing one- storey dwelling. The proposed two-storey addition and the front yard porch will be flush and maintain a 6.0 metre front yard setback. The proposed 6.0 metre front yard setback is generally consistent with the existing setbacks along Vistula Drive. The property abuts the rear yard of the property to the west which further mitigates potential impacts on the streetscape. The 6.0 metre front yard setback provides an adequate separation distance between the building and street activity, and provides for a sufficient landscaped area and parking in front of the property. The intent of the provision requiring a 1.5 metre side yard setback is to provide an appropriate separation between structures on abutting properties in order to maintain a pedestrian access, and to accommodate for grading, drainage, and other residential services. The request for a 1.1 metre side yard setback on the west side yard is due to an angled lot line, which results in a pinch point on the southwest corner of the proposed addition. As mentioned previously, the subject property abuts the rear yards of two properties on the west. As such, the 0.4 of a metre encroachment into the required setback will maintain an adequate separation between structures on abutting lots to provide pedestrian access. Furthermore, there are no concerns with the impact grading, drainage, or other residential services. Desirable for the Appriopriate Development of the Land and Minor in Nature The proposed addition will facilitate an attached garage to the existing single-storey dwelling. The subject dwelling is one of the only dwellings along Vistula Drive that does not currently have an attached garage. The addition must be integrated with the existing dwelling internally as only one dwelling unit is permitted on this lot. As only one contained dwelling unit is proposed, the addition represents appropriate development of the land, and the variances are minor in nature. Input From Other Sources Applicant • The lot is a pie shape with the front being larger than the back. The house is centered on the back lot line and was not built with an attached garage like most in the neighbourhood. The narrowing of the west property line makes it challenging to add a sufficiently sized garage to the property without moving the proposed building forward and slightly encroaching on the side yard setback. -26- Report P/CA 01/22 January 12, 2022 Page 3 Engineering Services • Ensure reduced setbacks do not adversely affect the drainage patterns within the lot and surrounding area. Building Services • No comments were received as of the date of writing this report. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: January 4, 2022 Comments prepared by: Felix Chau Deborah Wylie, MCIP, RPP Planner II Manager, Zoning and Administration FC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2022\PCA 01-22 C. & J. Flynn\7. Report\PCA 01-22 Report.doc Attachments -27- Ti m m i n s G a r d e n s We s t S h o r e B o u l e v a r d Hillcrest Road Sa n o k D r i v e Ba t o r y A v e n u e ElviraCourt Vi s t u l a D r i v e Samford Lane Lynx Avenue Bayshore Court Bayly Street Marin e t Crescent Highway 401 Cecylia Court Ol i v a S t r e e t Ess a C r e s c e n t BruceHanscombePark VistulaRavine GlenRavinePark West ShoreCommunityCentre Location MapFile:Applicant:Municipal Address: P/CA 01/22 Date: Nov. 24, 2021 Exhibit 1 ¯ E C. & J. Flynn917 Vistula Drive SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 01-22 C. & J. Flynn\PCA01-22_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -28- Ex h i b i t 2 Su b m i t t e d P l a n Fi l e N o : P/ C A 01 / 2 2 Ap p l i c a n t : C. & J . F l y n n Mu n i c i p a l A d d r e s s : 91 7 V i s t u l a D r i v e CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L CO P I E S O F T H I S P L A N . Da t e : De c . 1 4 , 2 0 2 1 to p e r m i t a m i n i m u m f r o n t ya r d s e t b a c k o f 6 . 0 me t r e s to p e r m i t a m i n i m u m s i d e ya r d s e t b a c k o f 1. 1 me t r e Th e pr o p o s e d d e c k wi l l b e r e v i s e d to co m p l y w i t h a l l Z o n i n g B y -la w pr o v i s i o n s pr i o r t o t h e i s s u a n c e o f a Bu i l d i n g P e r m i t . A B u i l d i n g P e r m i t wi l l n o t b e i s s u e d w i t h o u t f u l l z o n i n g co m p l i a n c e . -29- Ex h i b i t 3 Su b m i t t e d F r o n t E l e v a t i o n Fi l e N o : P/ C A 01 / 2 2 Ap p l i c a n t : C. & J . F l y n n Mu n i c i p a l A d d r e s s : 91 7 V i s t u l a D r i v e CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : De c . 1 4 , 2 0 2 1 -30- Ex h i b i t 4 Su b m i t t e d S i d e E l e v a t i o n – We s t Fi l e No : P/ C A 01 / 2 2 Ap p l i c a n t : C. & J . F l y n n Mu n i c i p a l A d d r e s s : 91 7 V i s t u l a D r i v e CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : De c . 1 4 , 2 0 2 1 Th e p r o p o s e d d e c k w i l l b e r e v i s e d t o co m p l y w i t h a l l Z o n i n g B y -la w pr o v i s i o n s . U p d a t e d d r a w i n g s w i l l b e pr o v i d e d p r i o r t o t h e C o m m i t t e e o f Ad j u s t m e n t m e e t i n g a n d w i l l b e in c l u d e d i n t h e a g e n d a . -31- Ex h i b i t 5 Su b m i t t e d R e a r E l e v a t i o n Fi l e N o : P/ C A 01 / 2 2 Ap p l i c a n t : C. & J . F l y n n Mu n i c i p a l A d d r e s s : 91 7 V i s t u l a D r i v e CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : De c . 1 4 , 2 0 2 1 Th e p r o p o s e d d e c k w i l l b e r e v i s e d t o co m p l y w i t h a l l Z o n i n g B y -la w pr o v i s i o n s . U p d a t e d d r a w i n g s w i l l b e pr o v i d e d p r i o r t o t h e C o m m i t t e e o f Ad j u s t m e n t m e e t i n g a n d w i l l b e in c l u d e d i n t h e a g e n d a . -32- Ex h i b i t 6 Su b m i t t e d S i d e E l e v a t i o n – Ea s t Fi l e N o : P/ C A 01 / 2 2 Ap p l i c a n t : C. & J . F l y n n Mu n i c i p a l A d d r e s s : 91 7 V i s t u l a D r i v e CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : De c . 1 4 , 2 0 2 1 -33- Report to Committee of Adjustment Application Number: P/CA 02/22 Date: January 12, 2022 From: Deborah Wylie Manager, Zoning and Administration Subject: Committee of Adjustment Application P/CA 02/22 M. Wilson 1100 Begley Street, Unit 9 Application The applicant requests relief from Zoning By-law 2511, as amended, to: •permit a minimum rear yard depth of 4.0 metres, whereas the By-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this minor variance application in order to obtain a building permit for the construction of an uncovered deck. Recommendation The City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and is of the opinion that the requested variance meets the four tests. Staff recommend that the Committee of Adjustment consider all public and agency input in reaching a decision. Should the Committee find merit in this application, the following condition is recommended: 1.That this variance apply only to the proposed uncovered deck, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2). Background In 2001 the Committee of Adjustment approved Minor Variance Application P/CA 10/01 to permit a minimum rear yard depth of 5.2 metres for the construction of an uncovered deck at the rear of 1100 Begley Street, Unit 9. The deck was constructed in 2001/2002 in accordance with the approved variance. In 2021, the applicant has indicated that the deck is deteriorating and is in an unsafe condition. The applicant is seeking to extend the a replacement deck into the permitted rear yard. -34- Report P/CA 02/22 January 12, 2022 Page 2 Comments Conforms to the Intent of the Official Plan and Zoning By-law The subject property is designated “Urban Residential Areas – Medium Density Area” within the Bay Ridges Neighbourhood. Townhouse dwellings are a permitted use within this designation. The applicant is proposing to extend an uncovered deck within the rear yard. The proposed deck will be setback a minimum of 4.0 metres from the rear property line and will be approximately 7.31 metres in width. The intent of a minimum rear yard setback of 7.5 metres is to protect the privacy of abutting properties and to maintain sufficient outdoor amenity space within the rear yard. The requested variance is intended to facilitate the construction of a deck that will contribute to the total amount of usable amenity space within the rear yard. The adjacent townhouse unit immediately to the west has also recently constructed a deck of a similar size to be located within the rear yard (P/CA 87/21). The lands immediately to the south, abutting the rear property line, are owned by the City of Pickering and form part of the natural area. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance will facilitate the construction of a deck, which will contribute towards the total usable amenity space of the townhouse dwelling. The proposed deck is larger than the previous deck which existed without any adverse impacts since its construction in 2001/2002. Due to the irregular rear lot line, the requested 4.0 metres variance is situated to the closest rear yard point, however, a deeper rear yard is provided at other points along the rear lot line. The proposed deck will not create an adverse visual or privacy impact on adjacent properties and will be adequately setback from the open space area located immediately to the south. Input From Other Sources Applicant • To accommodate a deck, it is necessary to reduce the rear yard setback. Engineering Services • No comments. Building Services • No concerns with the application. Toronto and Region Conservation Authority (TRCA) • TRCA staff reviewed the requested variance and have no objections to the proposal in principle. Public Input • No written submissions were received from the public as of the date of writing this report. -35- Report P/CA 02/22 January 12, 2022 Page 3 Date of report: January 5, 2022 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning and Administration KY:so J:\Documents\Development\D-3700\2022\PCA 02-22 M. Wilson\7. Report\PCA 02-22 Report.doc Attachments -36- Begley S t r e e t Tanzer Court St M a r t i n s D r i v e B a y l y S t r e et Radom Street Di x i e R o a d Kings t o n R o a d Highway 401 Douglas Park BayshoreTot Lot VistulaRavine Location MapFile:Applicant:Municipal Address: P/CA 02/22 Date: Dec. 14, 2021 Exhibit 1 ¯ E M. Wilson Frenchman's Bay 1100 Begley Street, Unit 9 SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 02-22 M. Wilson\PCA02-22_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -37- Ex h i b i t 2 Su b m i t t e d P l a n Fi l e N o : P/ C A 02 / 2 2 Ap p l i c a n t : M. W i l s o n Mu n i c i p a l A d d r e s s : 11 0 0 B e g l e y S t r e e t , Un i t 9 CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : De c 1 3 , 2 0 2 1 Exis t i n g Dec k Pr o p o s e d D e c k Pr o p o s e d 4 . 0 8 m et r e s t o rea r y ar d l ot l i n e -38- Exhibit 3 Submitted Site Plan File No: P/CA 02/22 Applicant: M. Wilson Municipal Address: 1100 Begley Street, Unit 9 CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Dec 9, 2021 To permit a minimum rear yard depth of 4.0 metres -39- Report to Committee of Adjustment Application Numbers: P/CA 03/22 to P/CA 30/22 Date: January 12, 2022 From: Deborah Wylie, MCIP, RPP Manager, Zoning and Administration Subject: Committee of Adjustment Applications P/CA 03/22 to P/CA 30/22 Marathon Homes Limited 2622-2652 Delphinium Trail and 2735-2749 & 2753-2759 Peter Matthews Drive Applications P/CA 03/22 to P/CA 07/22 – 2622, 2624, 2626, 2628 & 2630 Delphinium Trail – Block 165, Lots 2 to 6 on Exhibit 2 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 10.0 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. P/CA 08/22 – 2632 Delphinium Trail – Block 165, Lot 7 on Exhibit 2 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 8.8 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. P/CA 09/22 – 2634 Delphinium Trail – Block 166, Lot 1 on Exhibit 3 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 8.6 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. P/CA 10/22 & P/CA 11/22 – 2636 & 2638 Delphinium Trail – Block 166, Lots 2 & 3 on Exhibit 3 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 10.1 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. -40- Report P/CA 03/22 to P/CA 30/22 January 12, 2022 Page 2 P/CA 12/22 – 2640 Delphinium Trail – Block 166, Lot 4 on Exhibit 3 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 9.0 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. P/CA 1 3/22 to P/CA 18/22 – 2642, 2644, 2646, 2648, 2650 & 2652 Delphinium Trail – Block 167, Lots 1 to 6 on Exhibit 4 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 9.2 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. P/CA 19/22 & P/CA 20/22 – 2759 & 2757 Peter Matthews Drive – Block 172, Lots 3 & 4 on Exhibit 5 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 8.3 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. P/CA 21/22 & P/CA 22/22 – 2755 & 2753 Peter Matthews Drive – Block 172, Lots 5 & 6 on Exhibit 5 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 8.6 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. P/CA 23/22 & P/CA 30/22 – 2749 & 2735 Peter Matthews Drive – Block 173, Lots 1 & 8 on Exhibit 6 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 8.1 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. -41- Report P/CA 03/22 to P/CA 30/22 January 12, 2022 Page 3 P/CA 24/22 to P/CA 29/22 – 2747, 2745, 2743, 2741, 2739 & 2737 Peter Matthews Drive – Block 173, Lots 2 to 7 on Exhibit 6 The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit the wall of a private garage facing a lane to be located no further than 8.6 metres from the rear lot line, whereas the By-law states that attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. The applicant requests approval of these minor variance applications in order to obtain building permits to facilitate the construction of residential townhomes. Recommendation The City Development Department has reviewed the applications with respect to Section 45(1) of the Planning Act and are of the opinion that the requested variances meet the four tests. Staff recommend that the Committee of Adjustment consider all public and agency input in reaching a decision. Should the Committee find merit in these applications, the following condition is recommended: 1. That these variances apply only to the proposed residential townhomes, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). Comment Conforms to the Intent of the Official Plan The subject properties are designated Urban Residential Areas – Medium Density Area within the Lamoureaux Neighbourhood. The residential use of the lands is permitted within this designation. Conforms to the Intent of the Zoning By-law The intent of the maximum rear yard setback of 7.5 metres between the private garage and the rear lot line is to ensure a vehicle parked outside on the driveway does not overhang onto the municipal boulevard. The minimum and maximum rear yard setbacks provide enough space for a single vehicle to be parked on the driveway, without overhang. The requested variances are to permit rear yard setbacks ranging between 8.1 and 10.1 metres between the proposed private garages and the rear lot lines. Staff are of the opinion that the proposed setbacks will provide enough space for one or two vehicles to be parked on the driveways, without creating overhang onto the municipal boulevards. In staff’s opinion, the requested variances are in keeping with the intent of the By-law. -42- Report P/CA 03/22 to P/CA 30/22 January 12, 2022 Page 4 Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variances will help facilitate the development of the subject properties for residential townhomes. Staff consider an increase in the maximum rear yard setback by no more than 2.6 metres to be minor in nature. Input From Other Sources Applicant • The depth of the lot would require the dwellings to be increased in length to meet the maximum setback. The increase in square footage beyond what would be affordable for a townhouse. Engineering Services • No comments. Building Services • Building Services do not have any concerns. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: January 5, 2022 Comments prepared by: Isabel Lima Deborah Wylie, MCIP, RPP (Acting) Planner II Manager, Zoning and Administration IL:jc J:\Documents\Development\D-3700\2022\PCA 03-22 to PCA 30-22 Marathon Homes\7. Report Attachments -43- A zalea Avenue S k y r i d g e B o u le v a r d Egan Mews De l p h i n i u m T r a i l Pe t e r M a t t h e w s D r i v e C h a t e a u C o u r t A q u a r i u s T r a i l Sp i n d l e M e w s Ap r i c o t L a n e So l s t i c e M e w s Location Map File: Applicant: Municipal Address: PCA003/22 to PCA 030/22 Date: Dec. 13, 2021 Exhibit 1 ¯ E Marathon Homes 2622-2652 Delphinium Trail and Subject Lands L:\PLANNING\01-MapFiles\PCA\2022\PCA 03-22 to PCA 30-22 Marathon Homes\PCA03_30-22_LocationMap.mxd 1:1,500 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City Development Department 2735-2749 & 2753-2759 Peter Matthews Drive Legend Block 165 Block 166 Block 167 Block 172 Block 173 -44- Exhibit 2 Submitted Site Plan - Block 165, Lots 2 to 7 File No: P/CA 03/22 to P/CA 08/22 Applicant: Marathon Homes Limited Municipal Address: 2622, 2624, 2626, 2628, 2630 & 2632 Delphinium Trail CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Dec, 13 2021 Lots 2 to 6: to permit the wall of a private garage facing a lane to be located no further than 10 metres from the rear lot line Lot 7: to permit the wall of a private garage facing a lane to be located no further than 8.8 metres from the rear lot line -45- Exhibit 3 Submitted Site Plan - Block 166, Lots 1 to 4 File No: P/CA 09/22 to P/CA 12/22 Applicant: Marathon Homes Limited Municipal Address: 2634, 2636, 2638 & 2640 Delphinium Trail CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Dec, 13 2021 Lot 1: to permit the wall of a private garage facing a lane to be located no further than 8.6 metres from the rear lot line Lots 2 & 3: to permit the wall of a private garage facing a lane to be located no further than 10.1 metres from the rear lot line Lot 4: to permit the wall of a private garage facing a lane to be located no further than 9.0 metres from the rear lot line -46- Exhibit 4 Submitted Site Plan - Block 167, Lots 1 to 6 File No: P/CA 13/22 to P/CA 18/22 Applicant: Marathon Homes Limited Municipal Address: 2642, 2644, 2646, 2648, 2650 & 2652 Delphinium Trail CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Dec, 13 2021 Lots 1 to 6: to permit the wall of a private garage facing a lane to be located no further than 9.2 metres from the rear lot line -47- Exhibit 5 Submitted Site Plan - Block 172, Lots 3 to 6 File No: P/CA 19/22 to P/CA 22/22 Applicant: Marathon Homes Limited Municipal Address: 2759, 2757, 2755 & 2753 Peter Matthews Drive CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Dec, 13 2021 Lots 5 & 6: to permit the wall of a private garage facing a lane to be located no further than 8.6 metres from the rear lot line Lots 3 & 4: to permit the wall of a private garage facing a lane to be located no further than 8.3 metres from the rear lot line -48- Exhibit 6 Submitted Site Plan - Block 173, Lots 1 to 8 File No: P/CA 23/22 to P/CA 30/22 Applicant: Marathon Homes Limited Municipal Address: 2749, 2735, 2747, 2745, 2743, 2741, 2739 & 2737 Peter Matthews Drive CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Dec, 13 2021 Lots 1 & 8: to permit the wall of a private garage facing a lane to be located no further than 8.1 metres from the rear lot line Lots 2 to 7: to permit the wall of a private garage facing a lane to be located no further than 8.6 metres from the rear lot line -49- Report to Committee of Adjustment Application Number: P/CA 31/22 Date: January 12, 2022 From: Deborah Wylie Manager, Zoning and Administration Subject: Committee of Adjustment Application P/CA 31/22 P. Nelson 1707 Echo Point Court Application The applicant requests relief from Zoning By-law 3036, as amended by Zoning By-law 1998/85, to: • permit a minimum rear yard depth of 4.2 metres, whereas the By-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this minor variance application in order to obtain a building permit for the construction of a covered and uncovered deck with steps. Recommendation The City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and are of the opinion that the requested variance does not meet the four tests. Staff recommend that the Committee of Adjustment consider all public and agency input in reaching a decision. Should the Committee find merit in this application, the following condition is recommended: 1. That this variance apply only to the proposed covered and uncovered deck with steps, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2). Background In 2020, the City of Pickering issued a building permit for the construction of a single detached 3-storey dwelling. In 2021, the applicant is seeking to obtain a building permit for the construction of an uncovered and covered deck with steps in the rear yard. -50- Report P/CA 31/22 January 12, 2022 Page 2 Comments Conforms to the Intent of the Official Plan and Zoning By-law The subject property is designated “Urban Residential Areas – Low Density Area” within the Liverpool Neighbourhood. Single detached dwellings are a permitted use within this designation. The applicant is proposing to construct a partially covered deck (under second floor overhang) and a uncovered deck within the rear yard. The proposed deck will be setback a minimum of 4.2 metres from the rear property line and will be approximately 7.57 metres in width and extend 3.3 metres into the rear yard setback. The intent of a minimum rear yard setback of 7.5 metres is to protect the privacy of abutting properties and to maintain sufficient outdoor amenity space within the rear yard. The requested variance is intended to facilitate the construction of a deck that will contribute to the total amount of usable amenity space within the rear yard. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance will facilitate the construction of a deck, which will contribute towards the total usable amenity space of the single detached dwelling. The architectural drawings submitted to City staff appear to propose a significantly raised upper-level deck which may compromise adjacent neighbours’ privacy. The proposed upper-level deck height of approximately 1.6 metres will dominate the surrounding neighbour’s privacy (refer to Exhibit 3). This concern was raised after reviewing the submitted South Elevation drawing (refer to Exhibit 3) which indicates a continuous downward slope from the front of the dwelling to the rear yard lot line. Concerns of privacy must be addressed as the upper-level deck may intrude on neighbour’s privacy due to the abutting rear yard properties situated at lower elevations. However, the lower-level deck will have limited privacy concerns for adjacent neighbours (refer to Exhibit 4). Input From Other Sources Applicant • To accommodate a deck, it is necessary to reduce the rear yard setback. Engineering Services • No Comments. Building Services • No concerns with the application. Toronto and Region Conservation Authority (TRCA) • No concerns with the application. Public Input • Comments received in opposition from 1013 Honeywood Crescent have been forwarded to the Committee. • Comments received in opposition from 1717 Echo Point Court have been forwarded to the Committee. -51- Report P/CA 31/22 January 12, 2022 Page 3 Date of report: January 6, 2022 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning and Administration KY:jc J:\Documents\Development\D-3700\2021\PCA 87-21 J. & J. Vincken\7. Report\PCA 87-21 Report.doc Attachments -52- Glenanna R o a d Rawlings Drive HuntsmillDrive Ap p l e v i e w R o a d Ridgewood Court Kitley Avenue Br o o k s h i r e S q u a r e Di x i e R o a d Deerbrook Drive Lo n g b o w D r i v e R a t h m o r e C r e s c e n t Pi necr e e k C o u r t Echo Poi nt Cou r t He a t h s i d e C r e s c e n t Honey wood Cr escent Rowntre eCres c ent RedbirdCrescent Fo l e y e t C r e s c e n t Si l v e r t h o r n S q u a r e ForestbrookPark Kitley Ravine David Farr Park DavidFarr Park William DunbarPublic School Vaughan WillardPublic School Location MapFile:Applicant:Municipal Address: P/CA 31/22 Date: Dec. 02, 2021 Exhibit 1 ¯ E P. Nelson 1707 Echo Point Court SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 31-22 P. Nelson\PCA31-22_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -53- Ex h i b i t 2 Su b m i t t e d Si t e Pl a n Fi l e N o : P/ C A 31 /2 2 Ap p l i c a n t : P. N e l s o n Mu n i c i p a l A d d r e s s : 17 0 7 E c h o P o i n t C o u r t CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : De c 9 , 2 0 2 1 to p e r m i t a m i n i m u m re a r y a r d d e p t h of 4 . 2 m e t r e s 4. 5 7 m et r e s 7. 5 7 m et r e s Co v e r e d P o r t i o n o f Pr o p o s e d D e c k Un c o v e r e d Po r t i o n o f Pr o p o s e d D e c k -54- Ex h i b i t 3 Su b m i t t e d So u t h E l e v a t i o n Fi l e N o : P/ C A 31 / 2 2 Ap p l i c a n t : P. N e l s o n Mu n i c i p a l A d d r e s s : 17 0 7 E c h o P o i n t C o u r t CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F TH I S P L A N . Da t e : Ja n . 1 2 , 2 0 2 2 -55- Exhibit 4 East Elevation File No: P/CA 31/22 Applicant: P. Nelson Municipal Address: 1707 Echo Point Court CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Jan 04, 2021 -56- Report to Committee of Adjustment Application Number: P/CA 32/22 Date: January 12, 2022 From: Deborah Wylie Manager, Zoning and Administration Subject: Committee of Adjustment Application P/CA 32/22 A.Gilani & S. Hakeem-Gilani 851 Surf Avenue Application The applicant requests relief from Zoning By-law 2511, as amended, to: •permit a minimum rear yard depth of 5.4 metres, whereas the By-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this minor variance application in order to obtain a building permit for the extension of an uncovered deck with steps. Recommendation The City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and is of the opinion that the requested variance meets the four tests. Staff recommend that the Committee of Adjustment consider all public and agency input in reaching a decision. Should the Committee find merit in this application, the following condition is recommended: 1.That this variance apply only to the proposed uncovered deck with steps, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2). Background In 2018, the City of Pickering issued a Building Permit to permit the construction of a single detached dwelling. In 2022, the applicant is seeking to obtain a building permit for the extension of an uncovered deck with steps in the rear yard. Comments Conforms to the Intent of the Official Plan and Zoning By-law The subject property is designated “Urban Residential Areas – Low Density Area” within the West Shore Neighbourhood. Single detached dwellings are a permitted use within this designation. -57- Report P/CA 32/22 January 12, 2022 Page 2 The applicant is proposing to extend an uncovered deck projecting into the rear yard. The proposed deck requires a minimum setback of 5.4 metres from the rear property line and will be approximately 4.93 metres in width. The intent of a minimum rear yard setback of 7.5 metres is to protect the privacy of abutting properties and to maintain sufficient outdoor amenity space within the rear yard. The requested variance is intended to facilitate the construction of a deck that will contribute to the total amount of usable amenity space within the rear yard. The adjacent two properties immediately to the east were recently rebuilt. The lands immediately to the south, abutting the rear yard property line, is a single-detached two-storey dwelling. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance will facilitate the construction of a deck, which will contribute towards the total usable amenity space of the single detached dwelling. The proposed deck will not create an adverse visual or privacy impact on adjacent properties. Presently, the existing deck does not have steps. The proposed deck is larger and has steps which will help users access the rear yard. Input From Other Sources Applicant • To accommodate a deck, it is necessary to reduce the rear yard setback Engineering Services • No Comments Building Services • No concerns with the application. Toronto and Region Conservation Authority (TRCA) • No concerns with the application. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: January 5, 2022 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning and Administration KY:jc J:\Documents\Development\D-3700\2021\PCA 87-21 J. & J. Vincken\7. Report\PCA 87-21 Report.doc Attachments -58- Urban City of Pickering Established A 1 Appendix A Urban Design Guideline Checklist City of Pickering Established Neighbourhood Precincts Urban Design Checklist Please note, if you mark “no” below please provide your rational in the adjacent “Comments” section either supporting, or not supporting the proposal. Yes No Comments X 1. Does the proposed dwelling have a sloped roof proposed such as a Hip, Gable, Mansard or Gambrel? (see Figure 5) X 2. Is the proposed dwelling height and roof pitch similar/compatible with the surrounding dwellings? (see Section 2.1: Guideline 1) X 3. For dwellings with a height greater than 8.5 metres – is the dwelling a maximum two storeys with a sloped roof back from the adjacent dwellings? (see Section 2.1: Guideline 2) X 4. Does the front entrance have 6 or less steps? (see Section 2.2: Guideline 1) X 5. Is the main entrance visible from the street? (see Section 2.2: Guideline 2) X 6. Is the design of the main entrance consistent with the architectural style of the dwelling? (Section 2.2: Guidelines 3 and 4) X 7. Does the main entrance include a porch, portico or other weather protection in keeping with the design of the dwelling? (see Section 2.2: Guideline 4) X 8. Are the stairs to the main entrance designed as an integral component of the front façade? (Section 2.2: Guideline 7) -59- Appendix A Urban Design Checklist Cont’d Urban City of Pickering Established A 2 Yes No Comments X 9. Does the design of the front entrance reduce the visual dominance of the garage and driveway? (Section 2.2: Guideline 9) X 10. Does the proposed dwelling have a similar Dwelling Depth to the adjacent dwellings along the street? (see Section 2.3: Guideline 2) X 11. Does the proposed dwelling have a similar Side Yard Setback to the adjacent dwellings along the street? (see Figure 15) X 12. Has shadow on adjacent dwellings been mitigated with greater setbacks? (Section 3.1: Guideline 2) X 13. If a projecting garage is permitted, does it have a sloped roof? (see Section 3.2: Guidelines 2 and 4) N/A X 14. If a double car garage is proposed, does it have 2 single doors or is it designed to look like 2 separate doors? (see Section 3.2: Guideline 3) 1 big door for 2 cars X 15. Is the garage flush or recessed from the main front wall? (see Section 3.2: Guideline 5) X 16. Is the proposed driveway width the same as the permitted garage width? (see Section 3.3: Guideline 1) X 17. Are sustainable design features or resilient landscaping proposed as part of the site design? (Section 3.3: Guideline 2 and Section 4.1: Guideline 5) X 18. Does the plan preserve existing trees? (see Section 4.1: Guideline 1) X 19. Does the plan include tree planting on private property? (see Section 4.1: Guideline 2) X 20. Does the plan include one or more native species street trees? (Section 4.2) -60- P a r k C r e s c e n t We s t S h o r e B o u l e v a r d Sunrise Avenue Petticoat Lane Ch i p m u n k S t r e e t V i c tory Drive DownlandDrive Tullo Street Surf Avenue H ill v i e w C r e s c e n t Br o a d g r e e n S t r e e t Ma r k s b u r y R o a d Sandc as tle Court Beachpo i n t P r o m e n a d e Stonebridge Lane Cliffview Road LookoutPoint Park CliffviewPark Location MapFile:Applicant:Municipal Address: P/CA 32/22 Date: Dec. 08, 2021 Exhibit 1 A. Gilani & S. Hakeem-Gilani851 Surf Avenue SubjectLands Lake Ontario L:\PLANNING\01-MapFiles\PCA\2022\PCA 32-22 A. Gilani & S. Hakeem-Gilani\PCA32-22_LocationMap.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -61- Exhibit 2 Submitted Plan File No: P/CA 32/22 Applicant: A. Gilani & S. Hakeem-Gilani Municipal Address: 851 Surf Avenue CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN.Date: Dec 9, 2021 2.13 metres 4.93 metres to permit a minimum rear yard depth of 5.4 metres -62- Report to Committee of Adjustment Application Number: P/CA 33/22 Date: January 12, 2022 From: Deborah Wylie, MCIP, RPP Manager, Zoning and Administration Subject: Committee of Adjustment Application P/CA 33/22 Infrastructure Ontario Lands within the Hydro Corridor located east of 915 & 935 Sandy Beach Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 88/74, to permit: • a Private Parking Lot use, whereas the By-law permits a Public Parking Lot use; • where a lot is used for a permitted purpose other than for garden purposes or as a public playground, and there are no buildings or structures thereon, the minimum front yard and side yard requirements of the zone shall not apply, whereas the By-law requires the minimum front yard and side yard requirements of the zone within which the lot is situated to be complied with as if there were a dwelling or structure on the lot. The applicant requests approval of these variances in order to permit surplus parking within a hydro corridor, associated with employment uses on an adjacent property. Recommendation The City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and are of the opinion that the requested variances meet the four tests. Staff recommend that the Committee of Adjustment consider all public and agency input in reaching a decision. Should the Committee find merit in this application, the following condition is recommended: 1. That these variances apply only to the Private Parking Lot use, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2). Comment Conforms to the Intent of the Official Plan Pickering’s Official Plan designates the property as “Freeways and Major Utilities – Potential Multi Use Areas” within the Brock Industrial Neighbourhood. Lands within this designation provide for public or private uses that are compatible with adjacent land uses and do not adversely affect the operation or use of the utility. The proposed private parking lot use would be permissible. -63- Report P/CA 33/22 January 12, 2022 Page 2 Conforms to the Intent of the Zoning By-law The property is zoned M2 within Zoning By-law 2511, as amended by By-law 88/74. The applicant requests that a private parking lot associated with employment uses at 915 and 935 Sandy Beach Road be extended into an existing Hydro Corridor. The proposed parking would be accessed through the entrance of the 915 and 935 Sandy Beach Road and is intended to be used by occupants of those buildings. Within the same Hydro Corridor, there is one existing parking lot which abuts and is associated with 940 Dillingham Road (Don Beer Arena). The properties at 884 and 910 Dillingham Road also utilize the Hydro Corridor for outdoor storage. The private parking lot will operate and appear very much like a public parking lot, which is a permitted use. The By-law requires uses on properties without structures to comply with the front and side yard setbacks as if there were a building on the property. However, with the surplus private parking use, the side yard setback cannot be conformed with as the surplus parking area will be paved and connected with the 915 and 935 Sandy Beach Road property. Additionally, the proposed location of the private parking are is set back significantly from Bayly Street, being the front yard. Desirable for the Appriopriate Development of the Land The private parking lot would provide additional parking spaces for any employment-type uses at 915 and 935 Sandy Beach Road. This would allow for future redevelopment of the property to accommodate larger footprint, high employment uses. The surplus parking is desirable for the appropriate development of the land. Minor in Nature The proposed private parking lot use is consistent with uses already within the same hydro corridor. It will only be accessed through 915 and 935 Sandy Beach Road and will provide opportunity for a larger scale employment use as an appropriate parking rate would be applicable. The private parking lot use will function similarly to a public parking lot use, which is permitted in the zone. As such, the proposed variances are minor in nature. Input From Other Sources Applicant • The applicant has submitted a Planning Justification Report in support of this application and has been provided to the Committee members. Members of the public requiring a copy of the applicant’s report are to contact the City Development Department at fchau@pickering.ca. Engineering Services • Ensure proposed parking lot within the hydro corridor does not adversely affect the drainage patterns of the surrounding area. -64- Report P/CA 33/22 January 12, 2022 Page 3 Building Services • No comments were received as of the date of writing this report. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: January 5, 2022 Comments prepared by: Felix Chau Deborah W ylie, MCIP, RPP Planner II Manager, Zoning and Administration FC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2022\PCA 33-22 Triple Properties III Inc\7. Report\PCA 33-22 Report.doc Attachments -65- K r o s n o B o u l e v a r d Sa n d y B e a c h R o a d Bayly Street D r a v a S treet R e y t a n B o u l e v a r d Balaton Avenue Br o c k R o a d Lu b l i n A v e n u e Co r t e z A v e n u e Al l i a n c e R o a d Sa l k R o a d Dillin g hamRoad Don BeerArena Location MapFile:Applicant:Municipal Address: P/CA 33/22 Date: Dec. 15, 2021 Exhibit 1 HydroCorridor Infrastructure OntarioLands east of 915 and 935 Sandy Beach Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 33-22 Triple Properties III Inc\PCA33-22_LocationMap.mxd 1:6,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment HydroCorridor 915 935 -66- Exhibit 2 Submitted Concept Plan File No: P/CA 33/22 Applicant: Infrastructure Ontario Municipal Address: Lands east of 915 and 935 Sandy Beach Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Dec 14 2021 to permit a Private Parking Lot use where a lot is used for a permitted purpose other than for garden purposes or as a public playground, and there are no buildings or structures thereon, the minimum front yard and side yard requirements of the Zone shall not apply -67- Exhibit 3 Submitted Aerial View of the Hydro Corridor File No: P/CA 33/22 Applicant: Infrastructure Ontario Municipal Address: Lands east of 915 and 935 Sandy Beach Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN.Date: Dec 14 2021 -68-