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HomeMy WebLinkAboutJanuary 11, 2023Committee of Adjustment Agenda Hearing Number: 1 Date: Wednesday, January 11, 2023 pickering.ca Agenda Committee of Adjustment Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page Number For information related to accessibility requirements please contact: Secretary-Treasurer or Assistant Secretary-Treasurer Telephone: 905.420.4617 Email: citydev@pickering.ca 1 2-17 1.Appointment of Chairperson 2.Appointment of Vice Chairperson 3.Appointments of Secretary-Treasurers 4.Appointments of Assistant Secretary-Treasurers 5.Adoption of Rules of Procedures 6.Terms of Reference 7.Adoption of the 2023 Hearing Schedule 8.Disclosure of Interest 9.Adoption of Agenda 10.Adoption of Minutes from November 9, 2022 11.Reports 11.1 P/CA 112/22 – 1897 Bainbridge Drive 18-25 11.2 P/CA 01/23 – 1771 Fairport Road 26-31 11.3 P/CA 02/23 – 530 Sheppard Avenue 32-39 11.4 P/CA 03/23 – 1667 Autumn Circle 40-47 11.5 P/CA 04/23 – 721 Sandcastle Court 48-54 11.6 P/CA 05/23 – 2299 Canterbury Crescent 55-61 11.7 P/CA 06/23 & P/CA 12/23 – 198 Twyn Rivers Drive 62-66 11.8 P/CA 07/23 – 1602 Goldenridge Road 67-72 11.9 P/CA 08/23 to P/CA 10/23 – 1774 & 1778 Fairport Road 73-90 91-9711.10 P/CA 11/23 – 1843 Westcreek Drive 12.Adjournment pickering.ca Committee of Adjustment Tentative Hearing Schedule for 2023 Hearing Date (Wednesday) Last Day for Filing (Tuesday) Sign Posting Due Date (Friday) Last Day to Appeal Committee’s Decision (Tuesday) January 11 December 6, 2022 December 16 January 31 February 8 January 10 January 27 February 28 March 8 February 7 February 24 March 28 April 12 March 14 March 31 May 2 May 10 April 11 April 28 May 30 June 14 May 16 June 2 July 4 July 12 June 13 June 30 August 1 August 9 July 11 July 28 August 29 September 13 August 15 September 1 October 3 October 11 September 12 September 29 October 31 November 8 October 10 October 27 November 28 December 13 November 14 December 1 January 2 -1- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 1 of 16 Pending Adoption Present Tom Copeland – Vice-Chair David Johnson – Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Jasmine Correia, Assistant Secretary-Treasurer Kerry Yelk, Planner I Ziya Cao, Planner I Absent (if applicable) 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, November 9, 2022 hearing be adopted. Carried Unanimously Due to her absence at the October 12, 2022 hearing, Denise Rundle abstained from voting. 3. Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 9th hearing of the Committee of Adjustment held Wednesday, October 12, 2022 be adopted. Carried Unanimously -2- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 2 of 16 4. Reports 4.1 (Deferred at the October 12, 2022 Hearing) P/CA 120/22 S. Chowdhury & S. Masrin 1969 Woodview Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 7389/14, to permit: • an uncovered platform (balcony) not exceeding 3.3 metres in height above grade and not projecting more than 3.7 metres into the required rear yard, whereas the By- law requires uncovered decks, platforms and steps not exceeding 1.5 metres in height above grade may encroach a maximum of 3.0 metres into the required rear yard; and • a maximum lot coverage of 42.5 percent, whereas the By-law requires a maximum lot coverage of 40 percent The applicant requests approval of this minor variance application in order to obtain a building permit for the construction of an uncovered platform (balcony). The Secretary-Treasurer outlined that based solely on the application and supporting documentation filed by the applicant, that City Development staff recommend approval subject to a condition. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant identified they are seeking to extend an existing balcony. Shakawat Chowdhury, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant clarified that they are on a corner lot with the ravine at the back and the side. The deck will be at the rear of the building/property. Having read the staff report and agreeing with the recommendation, receiving no objections from the Toronto and Conservation Authority and there is no public input, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton -3- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 3 of 16 That application P/CA 120/22 by S. Chowdhury & S. Masrin, 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 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 contained in the staff report to the Committee of Adjustment, dated November 9, 2022). Carried Unanimously 4.2 P/CA 121/22 M. Yousaf-Zai & L. Amiri 1935 Lodge Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 4325/73, to permit an accessory structure (gazebo) greater than 1.8 metres in height to be set back a minimum of 0.4 of a metre from the north side lot line. The applicant requests approval of this minor variance application in order to permit a proposed accessory structure (gazebo) in the rear yard. The Secretary-Treasurer outlined that based solely on the application and supporting documentation filed by the applicant, that City Development staff recommend approval subject to a condition. In support of the application, the applicant identified the proposed accessory structure (gazebo) does not meet the minimum setback requirements to the north side lot line. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and one area resident. Mohammad Yousaf-Zai, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant stated he would have moved the gazebo to another location but the posts are in the ground and it has interlocking around. He is requesting approval of this application, as it would be very costly to relocate. In response to questions from Committee members, the applicant stated the gazebo in the picture submitted to staff is the finished product, short of decorative features and reinforcing the structure. The gazebo roof slopes down to the back of the rear yard, similar to the primary dwelling, and an eavestrough is located at the front right side of the gazebo that directs water to the corner back of the property away from neighbouring houses. -4- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 4 of 16 After hearing from the applicant, and staff’s recommendation, Eric Newton moved the following motion: Moved by Eric Newton Seconded by Denise Rundle with an amended condition That application P/CA 121/22 by M. Yousaf-Zai & L. Amiri, 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 Zoning By-law, subject to the following conditions: 1. That this variance apply only to the subject property, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, dated November 9, 2022). 2. The maximum height of the accessory structure (gazebo) shall not exceed 2.3 metres and is to remain unenclosed. Carried Unanimously 4.3 P/CA 123/22 C. Leadbetter & K. Metcalfe 1290 Commerce Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18, to permit an accessory building (detached garage) with a maximum height of 5.2 metres in a residential zone. The applicant requests approval of this minor variance application in order to obtain a future building permit for the construction of an accessory building (detached garage). The Secretary-Treasurer outlined that based solely on the application and supporting documentation filed by the applicant, that City Development staff recommend refusal. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and five area residents. In support of the application, the applicant identified the existing house does not have enough storage space as there is no basement. A second floor is proposed on the detached garage for extra storage space. Corey Leadbetter, applicant, was present to represent the application. One area resident was present in favour of the application. -5- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 5 of 16 The applicant stated the following in support of the application: the height of the proposed garage is no taller than the principle dwelling; the height and design is based on the needs and requirements of his growing family; they own a 100 year old farmhouse with historic value that maintains character; building a detached garage will ensure the home remains as is; Engineering comments state the construction of the garage will result in removal of many trees, however only two trees need to be removed; the trees are Manitoba maples which are undesirable due to their fast and uncontrollable growth, short life span, brittle branches that break during storms; one of two trees are growing at a 45 degree angle which poses a danger to the family; back of the lot is covered with the invasive Japanese knotweed, it is beneficial to remove those and replant native trees; planting plan can be provided if requested; and the existing driveway is made out of gravel and plans on using gravel for the garage driveway. Alanna Turney, area resident; stated the following in support of the application: house on that lot is significant to the neighbourhood as it is one of the original farmhouses in Pickering, also making it a smaller house; the garage plans follow the exact look and feel of the primary residence; does not believe the height will cause any visual impact; garage will be located far in the back of the property; and also battles Japanese knotweed on her property that can damage home foundations. In response to questions from Committee members, the applicant explained the double garage doors that line up with the driveway will be for the vehicles. The other garage door if for a workshop area, so they may view the backyard from the shop. The last garage door area will be used for storage of yard equipment and demolished material. The applicant assured a business will not be conducted out of the garage. The primary dwelling does not have a basement and storage space is an issue for the family. The second level will solve that problem. The washroom on the ground level is for convenience due to a medical condition. The space upstairs will be open for storage. The purpose of the requested height is so that when you’re on the second level you’re not having to constantly crouch while moving storage boxes. The goal was to get rid of the three existing sheds on the property as they are old and decrepit. The two pedestrian doors are requested out of convenience due to the size of the building. The front gates are going to remain. After a site visit, and considering the following: it appears that Engineering Services and City Development concerns are addressed, the desire of the applicant wanting to maintain the historic elements of the property, that the size of the yard will accommodate a structure of this size, and there appears to be a good landscaping plan proposed by the applicant, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Denise Rundle with an amended condition -6- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 6 of 16 That application P/CA 123/22 by C. Leadbetter & K. Metcalfe, 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 Zoning By-law, subject to the following conditions: 1. That this variance apply only to the subject property, 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 November 9, 2022). 2. That prior to issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed. 3. That a planting plan and securities for the proposed value of the proposed planting be provided to the satisfaction of Engineering Services to compensate for the removal of trees and to provide screening for the adjacent properties. 4. No human habitation or kitchen amenities are permitted within the accessory building (detached garage). Carried Unanimously 4.4 P/CA 124/22 Met-Star Holdings Limited 1211 Kingston Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 6112/03 and 6218/04, to permit: • “Restaurant – Type B” shall mean a building or part of a building where the principal business is the preparation of food and drinks for retail sale to the public for immediate consumption on or off the premises, or both on and off the premises but shall not include a nightclub • the aggregate of the gross floor area of all restaurants on the lot shall not exceed the aggregate gross floor area permitted under Section 5(2)(c)(ii) of By-law 6112/03 The applicant requests approval of this minor variance application in order to obtain a building permit for the conversion of an existing retail unit into a take-out restaurant. The Secretary-Treasurer outlined that based solely on the application and supporting documentation filed by the applicant, that City Development staff recommend approval subject to a condition. -7- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 7 of 16 Input from other sources were received from the Applicant, City Engineering Services, City Building Services Section and the Toronto and Region Conservation Authority (TRCA). In support of the application, the applicant identified they are seeking to convert an existing retail unit into a takeout restaurant. Wajid Mansuri, agent, Yuija Hu, agent, and Hussain Naim, applicant were present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee member, the agent clarified the applicant is leasing the building from the property owner, the agent is representing the restaurant owner. It is believed there are two other restaurants on the property that went through the same process and was approved. In response to a question from a Committee member, the Secretary-Treasurer clarified that the definition of “Restaurant – Type B” is found within the Parent Zoning By-law 3036. It is proposed to permit the revised definition to include food consumption both on and off the premises. In response to a question from a Committee member, the agent explained once building permits are issued his client plans to begin working on the project diligently. After reading the staff report, listening to the intended use and desire to open a restaurant and considering the responses from the City Development Department, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Denise Rundle with an amended condition That application P/CA 124/22 by Met-Star Holdings 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 Zoning By-law, subject to the following conditions: 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 contained in the staff report to the Committee of Adjustment, dated November 9, 2022). 2. The aggregate of the gross floor area of all restaurants on the lot shall be the greater of 700 square metres or a total identified by the City Development Department based on the current application (City Development has identified a maximum of 1,000 square metres). Carried Unanimously -8- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 8 of 16 4.5 P/CA 125/22 to P/CA 127/22 J. Mauch 1235 Radom Street, Units 17, 83 & 88 P/CA 125/22 – 1235 Radom Street (Unit 17) The applicant requests relief from Zoning By-law 2520, as amended by By-laws 3991/71 & 1574/82, to permit: • an accessory dwelling unit within a multiple family dwelling unit, whereas the By-law permits an accessory dwelling unit within a detached dwelling or semi-detached dwelling; and • a total of 1.25 parking spaces are provided on the property where the accessory dwelling unit is located, whereas the By-law requires a total of 3 parking spaces provided on the property where the accessory dwelling unit is located P/CA 126/22 – 1235 Radom Street (Unit 83) The applicant requests relief from Zoning By-law 2520, as amended by By-laws 3991/71 & 1574/82, to permit: • an accessory dwelling unit within a multiple family dwelling unit, whereas the By-law permits an accessory dwelling unit within a detached dwelling or semi-detached dwelling; and • a total of 1.25 parking spaces are provided on the property where the accessory dwelling unit is located, whereas the By-law requires a total of 3 parking spaces provided on the property where the accessory dwelling unit is located P/CA 127/22 – 1235 Radom Street (Unit 88) The applicant requests relief from Zoning By-law 2520, as amended by By-laws 3991/71 & 1574/82, to permit: • an accessory dwelling unit within a multiple family dwelling unit, whereas the By-law permits an accessory dwelling unit within a detached dwelling or semi-detached dwelling; and • a total of 1.25 parking spaces are provided on the property where the accessory dwelling unit is located, whereas the By-law requires a total of 3 parking spaces provided on the property where the accessory dwelling unit is located The applicant requests approval of these minor variance applications in order to obtain permits for an accessory dwelling unit (ADU) in the basement each of three multiple family dwelling units. -9- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 9 of 16 The Secretary-Treasurer outlined that based solely on the applications and supporting documentation filed by the applicant, that City Development staff recommend approval subject to conditions. Input from other sources were received from the Applicant, City Engineering Services, City Building Services Section, the Toronto and Region Conservation Authority (TRCA) and 45 area residents. In support of the application, the applicant identified the minimum parking requirements for ADUs are out of date. ADUs are not permitted in a townhouse, as per the By-law. Jane Man-Hung Mauch, applicant, was present to represent the applications. Four area residents and a representative of Board of Ontario Condominium Corporation 11 were present in objection to the applications. The applicant stated the following: would like to split the units internally to create additional dwelling units; design is simple and easy to construct; design doesn’t disrupt any neighbours; anticipates having 5-6 people within the units; has rented out to single families and her tenants have been in keeping with the condo regulations; will be constructed according to Ontario Building Code; will provide affordable living units during this housing crisis in Pickering and all over Ontario; would like to provide housing to her elderly parents and children while still having her own privacy within the unit; and would like her family to stay together in the coming years. Shannon Penney, a representative from Rutherford & Matthews for the Board Members of Ontario Condominium Corporation 11, stated the following in objection to the applications: units in question are within the condominium property; the directives of the corporation have an obligation to ensure the owners comply with the Condominium Act and its own governing documents mainly the declaration, by-laws and the rules; the applications should not have been accepted as the City has no jurisdiction to permit the requested changes; the Corporation’s Declaration states a unit shall be occupied only as a one family residence and prohibits roomers and boards, meaning an owner cannot rent a unit in exchange for money, no owner can install a boundary or partition wall, toilet or bathtub or shall make any structural change without written consent from the Board of Directors; the applicant advised of approval from the Corporation was given however that is untrue; for the applicant to make the requested changes the Declaration would have to be amended to remain consistent and compliant, which is an expensive process and would not benefit all property owners; the condominium building is almost 50 years old and the changes could impact the integrity of the building; applicant is violating the Corporation’s governing documents by continuing construction on the units, as well as advertising a new section or suite is available to rent; and due to the additional uses of amenities by extra tenants which will increase monthly fees for all residents. -10- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 10 of 16 Martha Klopp, area resident, stated the following in objection to the applications: condominium declaration states we cannot have multiple units; there was no housing crisis when the applicant split unit 17 with two kitchens and a laundry room, and illegally moved two separate tenants in; and concerns about insurance costs and monthly fees going up as well as access for emergency services into the units. Aaron Phillips, area resident, stated the following in objection to the applications: lives in close proximity to units 83 and 88 and has witnessed construction continue while a Stop Order was placed; applicant is not following Condominium rules that every resident agrees to when purchasing; concerned with the integrity of the construction occurring and it not being up to Code; concerned condo fees will increase; and parking shortage in the complex. Ruth O’Shea, area resident, stated the following in objection to the applications: in addition to what has been said prior to her speaking, she is concerned with access to parking. Sue Passmore, area resident, stated the following in objection to the applications: agrees with the objections above; signed a Declaration when purchasing that all rules of the Condominium would be adhered to; the units have already been split; there are advertisements for the rental of these units; concerned with the integrity of the structures as these are older buildings; construction continuing while Stop Order has been issued; concerned with parking shortage; concerned with condo fees increasing, and the applicant owns 9 units at 1235 Radom Street, if these applications are approved she is concerned it would set precedent. In response to questions from Committee members, the Secretary-Treasurer advised unsure if Fire Services has inspected the units, however Building staff has completed inspections in all three units and indicated the work done without a building permit and issued a Stop Work Order on all three units. If an ADU is permitted all work must adhere to the Fire Code and Building Code. Details from Building staff were not received regarding the inspections. In response to questions from Committee members, the applicant stated in 2015 a building permit was obtained for unit 17 to erect two doors in the main floor hallway and the kitchen alcove and is rented out to a single family. No additional construction occurred after 2015. Unit 83 also has two doors erected and a bathroom in the basement, which was already constructed prior to purchasing the unit. Work has not continued after the Stop Work Order, she has only cleaned, painted and sanded the floor. She owns nine units within the complex. She is aware of the Condominium Declaration and has been in contact with the Condo board and the property manager. -11- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 11 of 16 Denise Rundle, Committee member, commented that on her site visit, she did have issues finding parking, it is a very old condominium complex. The solicitor was very clear on the requirements of Condominium unit owners on the Declaration. Concerned these applications are premature and the Committee will be setting precedent for this applicant and other property owners to submit applications for ADU. In past experiences it is the Condominium who makes the application of Zoning By-law Amendment and receives a thorough review before approving. Tom Copeland, Committee member, commented that this Committee has jurisdiction over a small section of the Planning Act. Should the Committee approve the applications the Condominium Board may not accept the new variances. Sean Wiley, Committee member, commented that these applications are about two things: parking and amending multi-family dwelling unit rules for an accessory dwelling unit. The Committee has not heard solutions about how the parking will be managed or any arguments as to why multi-family units should be permitted. After reading the staff report and recommendations, reading the information provided by the applicant, listening to the neighbours and Condominium Corporation’s counsel, with the lack of parking on site currently, and the lack of attention to the ADU, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That applications P/CA 125/22 to P/CA 127/22 by J. Mauch, be Refused on the grounds that the requested variances are not minor in nature, not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and Zoning By law. Carried Unanimously 4.6 P/CA 128/22 P. Cummins 1796 Fairport Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21 & 7902/22, to permit a minimum (north and south) side yard setback of 1.5 metres, where a garage is erected as part of a detached dwelling, whereas the By-law requires a minimum side yard setback of 1.8 metres, where a garage is erected as part of a detaching dwelling. The applicant requests approval of this minor variance application in order to obtain a building permit for the construction of a detached dwelling. -12- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 12 of 16 The Secretary-Treasurer outlined that based solely on the application and supporting documentation filed by the applicant, that City Development staff recommend approval subject to conditions. Input from other sources were received from the Applicant, City’s Engineering Services and City Building Services Section. In support of the application, the applicant identified they are requesting approval to maximize square footage of the lot. Jerry Stockla, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee member, the agent clarified the area is relatively flat and is unsure why a retaining wall is required by Engineering Services however after speaking with their Engineer it is feasible to comply with the Engineering requirements and consents to the Engineering condition. In response to a question from a Committee member, the Secretary-Treasurer explained the approved minor variance application from 2017 was for the same variance relief before the Committee tonight. After reviewing the City Development Department Report and hearing from the agent tonight and concerns with meeting Engineering Services requirements were satisfied and receiving no neighbour concerns, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application P/CA 128/22 by P. Cummins, 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 Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7 contained in the staff report to the Committee of Adjustment, dated November 9, 2022). 2. That prior to the issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria for Lot Grading can be adequately addressed within the subject property. Carried Unanimously -13- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 13 of 16 4.7 P/CA 129/22 R. Subbian & K. & T. Rajasekar 1256 Barnwood Square The applicant requests relief from Zoning By-law 3036, as amended by By-laws 1104/80 & 1193/80, to permit a minimum interior (south) side yard width of 0.6 of a metre, whereas the By-law requires a minimum interior side yard width of 1.2 metres. The applicant requests approval of this minor variance application in order to permit an existing attached garage having a reduced interior (south) side yard. The Secretary-Treasurer outlined that based solely on the application and supporting documentation filed by the applicant, that City Development staff recommend approval subject to a condition. Input from other sources were received from the Applicant, City Engineering Services and City Building Services Section. In support of the application, the applicant identified a minor variance is required due to technical discrepancies after the issuance of a building permit. Rajasekar Subbian, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant explained they are looking for approval of this variance to fulfill a Zoning By-law requirement for an existing garage. The property had a preexisting garage that the Region of Durham demolished for infrastructure purposes. They had built a new garage and tried to follow all zoning by-laws however this one is not in compliance and requires a variance. In response to questions from a Committee member, the applicant explained when the property was purchased in October 2020 the original garage had already been demolished. In response to questions from Committee members, the Secretary-Treasurer confirmed a copy of the survey would have been required to apply for a building permit application. After reviewing the report, the application and submitted drawings you notice this is an odd shaped lot, the variance applies to a pinch point on the garage and the staff report explains the situation, and appears there is no impact on adjacent neighbours, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Tom Copeland -14- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 14 of 16 That application P/CA 129/22 by R. Subbian & K. & T. Rajasekar, 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 Zoning By-law, subject to the following condition: 1. That this variance apply only to the existing attached garage, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, dated November 9, 2022). Carried Unanimously 4.8 P/CA 130/22 Joriki Holdings Inc. 885 Sandy Beach Road The applicant requests relief from Zoning By-law 2511, as amended, to permit: • a minimum front yard setback of 25.3 metres when on the opposite side of the street is a Residential Zone, whereas the By-law requires a minimum front yard setback of 30.0 metres when on the opposite side of the street is a Residential Zone; • a minimum parking requirement for an industrial use to be 1 space per 192 square metres of gross floor area, whereas the By-law requires the minimum parking requirement for an industrial use shall be 1 space per 56 square metres of gross floor area; and • front yard parking to be limited to 22 percent of the total required parking area, whereas except for commercial zones used for commercial purposes, the By-law requires front yard parking to be limited to 20 percent of the total required parking area. The applicant requests approval of this minor variance application to facilitate an 8,114.0 square metre addition to an existing industrial building. The Secretary-Treasurer outlined that based solely on the application and supporting documentation filed by the applicant, that City Development staff recommend approval subject to conditions. Input from other sources were received from the Applicant, City Engineering Services, City Building Services Section, the Toronto and Region Conservation Authority (TRCA) and one area reasident. In support of the application, the applicant identified the following: • setback of addition matches the setback of the existing building; -15- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 15 of 16 • Traffic Report confirms that the provided parking spaces (101 spaces) is sufficient parking since the plant operates with 3 shifts; and • there is limited area available for parking at the rear of the building due to the presence of a floodplain. Bob Martindale, agent, Yogi Sennick, applicant, and Swan Im, traffic consultant, were present to represent the application. No further representation was present in favour of or in objection to the application. The agent explained the setback variance is a technical variance as they provide the necessary 30 metre setback from the existing limit of Sandy Beach Road, the City will be widening the road and they were asked to convey 3.0 metres of the front yard to the City resulting them to fall out of compliance with the By-law. In regards to the parking variances, the traffic consultant completed a Traffic Report study and determined the parking requirements in the By-law were not congruent with the parking demand. The number of parking spaces provided is in excess of what is required for the number of staff onsite. In response to a question from a Committee member, the applicant explained the site has transit on Bayly Street, which is walking distance on Sandy Beach Road. There are no bus stops on Sandy Beach Road. David Johnston, Chair, commented there is a transit stop on Krosno Boulevard, down the road where the variances are proposed. After reading the report, listening to the applicant and noting the front yard setback is due to a future road widening, the parking requirement variance was well addressed in the peer reviewed Transportation Impact Study and no objections from the public, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 130/22 by Joriki Holdings 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 Zoning By-law, subject to the following condition: 1. That these variances apply only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, dated November 9, 2022). Carried Unanimously -16- Committee of Adjustment Hearing Minutes Wednesday, November 9, 2022 7:00 pm Electronic Hearing Page 16 of 16 5. Adjournment Moved by Eric Newton Seconded by Sean Wiley That the 10th hearing of the 2022 Committee of Adjustment be adjourned at 9:03 pm and the next hearing of the Committee of Adjustment be held on Wednesday, January 11, 2022. Carried Unanimously __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer -17- Report to Committee of Adjustment Application Number: P/CA 112/22 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 112/22 R. & P. Behera 1897 Bainbridge Drive Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 2118/85, to permit a minimum rear yard depth of 5.9 metres for an unheated sunroom, whereas the By-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for an unheated sunroom addition, proposed at the rear of the existing dwelling. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance apply only to the proposed unheated sunroom, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5). Background This minor variance application was originally submitted in August of 2022. At that time, the Toronto and Region Conservation Authority (TRCA) requested that the application be deferred until TRCA staff could ensure the proposed sunroom addition met TRCA floodplain policy requirements and policies in the Pickering Town Centre Special Policy Area. The applicant has since worked with TRCA to sufficiently address their concerns (see comments from TRCA under Input from Other Sources). -18- Report P/CA 112/22 January 11, 2023 Page 2 Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Village East Neighbourhood. Residential uses such as detached dwellings and accessory uses are permitted within this designation. Conforms to the Intent of the Zoning By-law The intent of a minimum rear yard depth of 7.5 metres is to ensure that sufficient amenity space is provided in the rear yard. The proposed sunroom will provide sheltered amenity space in the rear yard. There is also sufficient outdoor amenity space located to the south and east of the proposed structure. Desirable for the Appriopriate Development of the Land and Minor in Nature The proposed sunroom will contribute towards the total usable amenity space in the rear yard. To mitigate privacy concerns, the applicant has opted to use a solid material (opposed to glass) along the west wall of the sunroom (refer to Exhibit 4), where the structure is located closest to the neighbouring property to the west. The proposed structure is not anticipated to have significant impacts on drainage or on the surrounding area. Input From Other Sources Applicant • The property is zoned “S4” under City Restricted Area Zoning By-law 3036, as amended by By-law 2118/85. The minimum rear yard setback for the “S4” Zone is 7.5 metres, where the proposed addition will be 5.92 metres. Engineering Services • Ensure the reduced setback for the accessory structure does not adversely affect the drainage patterns within the lot and surrounding area. Building Services • No concerns from Building Services. Toronto and Region • The subject site is located within a TRCA Regulated Area of Conservation Authority the Duffin’s Creek watershed and is regulated with respect to (TRCA) its location within the Regulatory Storm Floodplain associated with Duffin’s Creek. • The TRCA's Living City Policies (LCP) require that development be setback 10 metres inland from the greater of the limits of flooding on the subject site during a Regional Storm event. • TRCA Mapping shows that the subject site is located within the Regional Storm Floodplain of the Duffin’s Creek and is subject to a Regional Storm Floodplain Elevation of 84.94 metres. -19- Report P/CA 112/22 January 11, 2023 Page 3 The subject site is also located within the Pickering Town Centre Special Policy Area (SPA) which recognizes the existing commercial and residential development within the floodplain and allows new development/redevelopment in the area, subject to meeting the minimum 350-year flood- proofing requirements. • The topographical survey prepared by P & C Surveying Inc., along with the Elevation Plan and Justification Report prepared by Lifestyle Engineering Inc., signed and stamped by J. C. Pitre, P. Eng., on October 12, 2022, indicate that the subject site is elevated above the 350-year flood elevation by over a metre and will be floodproofed. Therefore, the proposal will have no impact on the storage and/or conveyance of floodwaters. As such, TRCA staff can confirm support for the requested variances. • In accordance with Ontario Regulation 166/06 (Development, Interference with Wetlands and Alterations to Shoreline and Watercourse Regulation), a permit is required from the TRCA prior to any new development. An Ontario Regulation 166/06 Permit Application was received by TRCA staff on October 19, 2022. The drawings circulated to TRCA as part of this minor variance application are consistent with the plans received with the TRCA permit revision application. • TRCA staff have no objections to the approval of Minor Variance Application No. P/CA 112/22. A TRCA permit is still required prior to the issuance of any municipal building permits. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: January 4, 2023 Comments prepared by: Isabel Lima Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration IL:jc J:\Documents\Development\D-3700\2022\PCA 112-22\7. Report Attachments -20- Ma r s h c o u r t D r i v e Banbury Court Bainbridge Drive No t i o n R o a d Beechlawn D r i v e Fairfield Crescent So u t h v i e w D r i v e BeechlawnPark Location MapFile:Applicant:Municipal Address: P/CA 112/22 Date: Aug. 17, 2022 Exhibit 1 ¯ E R. & P. Behera1897 Bainbridge Drive SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 112-22 R. & P. Behera\PCA112-22_LocationMap.mxd 1:2,000 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 -21- Exhibit 2 Submitted Site Plan File No: P/CA 112/22 Applicant: R. & P. Behera Municipal Address: 1897 Bainbridge Drive FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: December 14, 2022 5. 9 2 m 1.69 m 4.26 m to permit a minimum rear yard depth of 5.9 metres for an unheated sunroom -22- Ex h i b i t 3 Su b m i t t e d Re a r El e v a t i o n Fi l e N o : P/ C A 11 2 / 2 2 Ap p l i c a n t : R. & P . B e h e r a Mu n i c i p a l A d d r e s s : 18 9 7 B a i n b r i d g e D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 4 , 2 0 2 2 -23- Ex h i b i t 4 Su b m i t t e d We s t S i d e El e v a t i o n Fi l e N o : P/ C A 11 2 / 2 2 Ap p l i c a n t : R. & P . B e h e r a Mu n i c i p a l A d d r e s s : 18 9 7 B a i n b r i d g e D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 4 , 2 0 2 2 -24- Ex h i b i t 5 Su b m i t t e d Ea s t Si d e El e v a t i o n Fi l e N o : P/ C A 11 2 / 2 2 Ap p l i c a n t : R. & P . B e h e r a Mu n i c i p a l A d d r e s s : 18 9 7 B a i n b r i d g e D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 4 , 2 0 2 2 -25- Report to Committee of Adjustment Application Number: P/CA 01/23 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 01/23 S. Ratnalingam 1771 Fairport Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-laws 7874/21 & 7902/22, to permit an accessory building (pool equipment shed) with a maximum height of 3.9 metres within a residential zone, whereas the By-law permits a maximum height of 3.5 metres for accessory buildings within any residential zone. The applicant requests approval of this minor variance application in order to obtain a building permit for the construction of an accessory building (pool equipment shed). Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance apply only to the proposed accessory building (pool equipment shed), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential – Low Density” within the Dunbarton neighbourhood. Lands within this designation are intended for residential uses such as detached dwellings and uses accessory. The pool equipment shed appears to comply with and maintain the Dunbarton Neighbourhood Development and Design Guidelines. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. -26- Report P/CA 01/23 January 11, 2023 Page 2 Conforms to the Intent of the Zoning By-law 1771 Fairport Road is zoned “R3” – Single detached, Third Density, under Zoning By-law 3036, as amended by By-laws 7874/21 & 7902/22. The intent of the maximum accessory building height of 3.5 metres is to minimize the visual impact of accessory buildings on abutting properties and on the streetscape. The proposed accessory structure height of 3.9 metres will have minimal impact on the streetscape and on abutting properties. The accessory building will be setback a minimum of 1.02 metres from both the south and east property lines. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The proposed accessory building is intended to provide for the storage of pool equipment and be accessory to the residential use of the subject lands. The design and functionality of the pool equipment shed appears to be desirable for the appropriate development of the land. The location of the accessory building at the south east corner of the lot reinforces the accessory nature of the proposed structure in relation to the dwelling. At this time, there is a limited number of trees on the subject property due to on-going construction. The applicant has indicated that they will landscape and plant trees once construction is complete. The requested variance represents a 0.4 of a metre increase in height. The proposed accessory building will be situated within the rear yard and maintain an adequate setback from the adjacent residential lots immediately to the east and south. The accessory building is both desirable for the appropriate development of the land and is minor in nature. Input From Other Sources Applicant • The purpose of the shed is to store pool and gardening equipment. Engineering Services • No comments. Building Services • Accessory building have been constructed without the benefit of a building permit. Application is on hold until resolution comply with the Committee. Public Input • No written submissions were received from the public as of the date of writing this report. -27- Report P/CA 01/23 January 11, 2023 Page 3 Date of report: January 3, 2023 Comments prepared by: Kerry Yelk Planner I Deborah Wylie, MCIP, RPP Manager, Zoning & Administration KY:ld J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 01-23\7. Report\PCA 01-23 Report.docx Attachments -28- Fa i r p o r t R o a d Spruce Hill Road Go l d e n r i d g e R o a d DunbartonRoad Spartan Court M e r r i t t o n R o a d Rushton Road W i ngarden Cres c ent Welrus Street App l e vi e w Ro a d DalewoodRavine Location MapFile:Applicant:Municipal Address: P/CA 01/23 Date: Nov. 22, 2022 Exhibit 1 ¯ E S. Ratnalingam1771 Fairport Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 01-23\PCA01-23_LocationMap.mxd 1:3,000 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 -29- 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 0 1 / 2 3 Ap p l i c a n t : S. R a t n a l i nga m Mu n i c i p a l A d d r e s s : 17 7 1 Fa i r p o r t R o a d 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 e m b e r 20 , 2 0 2 2 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 ( p o o l e q u i p m e n t s h ed ) wi t h a m a x i m u m h e i g h t o f 3 . 9 me t r e s Fairport Road -30- Ex h i b i t 3 Su b m i t t e d El e v a t i o n Pl a n Fi l e N o : P/ C A 0 1 / 2 3 Ap p l i c a n t : S. R a t n a l i n g a m Mu n i c i p a l A d d r e s s : 17 7 1 F a i r p o r t R o a d 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 Pl a n . Da t e : De c e m b e r 2 0 , 2 0 2 2 -31- Report to Committee of Adjustment Application Number: P/CA 02/23 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 02/23 M. Shero 530 Sheppard Avenue Application The applicant requests relief from Zoning By-law 3036, as amended, to permit a side yard setback of 1.5 metres on the west side and 1.4 metres on the east side, whereas the By-law permits a minimum side yard setback of 1.5 metres on one side and 2.5 metres on the other side. The applicant requests approval of this minor variance application in order to obtain a building permit to legalize the existing Accessory Dwelling Unit (ADU) within a detached dwelling. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance applies only to the subject property, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5). Comment Background On June 27, 2022, the Building Services Department received a complaint regarding interior construction at the subject property. After a site inspection, it was determined by City staff that the interior construction was initiated without a building permit. The property owner was advised that a building permit would be required for the construction. -32- Report P/CA 02/23 January 11, 2023 Page 2 Minor Variance Decision P/CA 61/83 On December 15, 1983, the Pickering Committee of Adjustment approved Minor Variance Application P/CA 61/83 to permit a side yard setback of 1.47 metres on the east side to permit the attached garage. As the owner has converted the garage into an ADU, the east side yard setback approved in the Committee of Adjustment decision P/CA 61/83 no longer applies to the new use. As such, the owner requests approval of this minor variance application in order to recognize the existing east side setback. Should the Committee decide to approve Minor Variance Application P/CA 02/23, the decision will supersede the previous Committee of Adjustment decision P/CA 61/83. Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential Area - Low Density Areas” within the Woodlands Neighbourhood. Residential uses, such as detached dwellings and accessory dwelling units are permitted within this designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “R4”, under Zoning By-law 3036, as amended. The intent of the required side yard setback of 1.5 metres on one side and 2.5 metres on the other side is to provide an appropriate separation between structures on abutting properties, to maintain pedestrian access, and to accommodate grading, drainage and residential services. The west side yard setback maintains the required setback of 1.5 metres, while the east side yard setback will require a reduction from the required 2.5 metres to 1.4 metres in order to accommodate the existing setback to the structure. The change in use from the previous garage space to living space is not anticipated to reduce the existing pedestrian access, or have significant impact on the existing grading and drainage of the property. Staff is of the opinion that the requested variance meets the intent of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The approval of the requested variance will permit an ADU within an detached dwelling. ADUs are encouraged to be built within detached dwellings and semi-detached dwellings under the Official Plan policies. This application involves interior alterations to convert the existing garage space into living space, and no exterior changes or development are being proposed. The applicant has also demonstrated that a total of 3 parking spaces can be provided on the subject property (refer to Exhibit 2). The provide parking spaces satisfies the required parking for the detached dwelling and the ADU. Staff is of the opinion that the proposed variances are desirable for appropriate development of the land and are minor in nature. -33- Report P/CA 02/23 January 11, 2023 Page 3 Input From Other Sources Applicant •Seeking to legalize the existing accessory dwelling unit. Engineering Services •Ensure the reduced side yard setback does not adversely affect the drainage patterns within the lot and surrounding area. Building Services •ADU have been constructed without the benefit of a building permit. Application is on hold until resolution comply with the Committee. Public Input •No written submissions were received from the public as of the date of writing this report. Date of report: January 4, 2023 Comments prepared by: Ziya Cao Planner I Deborah Wylie, MCIP, RPP Manager, Zoning & Administration ZC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 02-23\7. Report\PCA 02-23 Report.docx Attachments -34- E d m u n d D r i v e Sheppard Avenue Barry Drive Foxw o o d T r a i l Braeburn Crescent Laur ier Cres c ent A ut umn Cres c en t Cattail Court Daylight Court G ardenview Square Ro s e b a n k R o a d Sundown Crescent Location MapFile:Applicant:Municipal Address: P/CA 02/23 Date: Nov. 22, 2022 Exhibit 1 ¯ E M. Shero 530 Sheppard Avenue SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 02-23\PCA02-23_LocationMap.mxd 1:3,000 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 Ro s e b a n k R o a d -35- 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 02 /2 3 Ap p l i c a n t : M. S h e r o Mu n i c i p a l A d d r e s s : 53 0 S h e p p a r d A v e n u e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b er 1 2 , 2 0 2 2 to p e r m i t a s i d e ya r d s e t b a c k o f 1. 5 m et r e s on t h e we s t si d e a n d 1. 4 m et r e s on t h e ea s t si d e -36- Ex h i b i t 3 Su b m i t t e d Fl o o r Pl a n ( Ex i s t i n g Ba s e m e n t L a y o u t ) Fi l e N o : P/ C A 02 /2 3 Ap p l i c a n t : M. S h e r o Mu n i c i p a l A d d r e s s : 53 0 S h e p p a r d A v e n u e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 2 , 2 0 2 2 -37- Ex h i b i t 4 Su b m i t t e d Fl o o r Pl a n (P r o p o s e d B a s e m e n t L a y o u t ) Fi l e N o : P/ C A 02 /2 3 Ap p l i c a n t : M. S h e r o Mu n i c i p a l A d d r e s s : 53 0 S h e p p a r d A v e n u e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 2 , 2 0 2 2 -38- Ex h i b i t 5 Su b m i t t e d Fl o o r Pl a n ( Ex i s t i n g Fi r s t F l o o r La y o u t ) Fi l e N o : P/ C A 02 /2 3 Ap p l i c a n t : M. S h e r o Mu n i c i p a l A d d r e s s : 53 0 S h e p p a r d A v e n u e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 2 , 2 0 2 2 -39- Report to Committee of Adjustment Application Number: P/CA 03/23 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 03/23 S. Jeyendran 1667 Autumn Crescent Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4508/94, to permit: • a minimum rear yard depth of 6.8 metres for a sunroom addition, whereas the By-law requires a minimum rear yard depth of 7.5 metres; and • a maximum lot coverage of 42 percent, whereas the By-law permits a maximum lot coverage of 40 percent. The applicant requests approval of these variances in order to obtain a building permit for a sunroom addition, proposed at the rear of the existing semi-detached dwelling. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That these variances apply only to the proposed sunroom, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, & 5). Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Amberlea Neighbourhood. Residential uses such as semi-detached dwellings and accessory uses are permitted within this designation. -40- Report P/CA 03/23 January 11, 2023 Page 2 Conforms to the Intent of the Zoning By-law Rear Yard The intent of a minimum rear yard depth of 7.5 metres is to ensure that sufficient amenity space is provided in the rear yard. The proposed sunroom will provide sheltered amenity space in the rear yard. There is also sufficient outdoor amenity space located to the north of the proposed structure. Lot Coverage The intent of a maximum lot coverage of 40 percent is to maintain an appropriate amount of yard space (for landscaping and amenity areas) uncovered by buildings on a lot. The existing semi-detached dwelling accounts for approximately 37 percent of the total lot coverage, whereas the proposed sunroom accounts for approximately 5 percent of the total lot coverage. As noted above, the sunroom will provide a covered area for the owner to enjoy activities within the rear yard. There is sufficient yard space to the north of the structure. Desirable for the Appriopriate Development of the Land and Minor in Nature The proposed sunroom will contribute towards the total usable amenity space in the rear yard. The proposed structure is not anticipated to have significant impacts on drainage or on the surrounding area. Staff consider a reduction in the rear yard setback by 0.7 of a metre and an increase in lot coverage by 2 percent to be minor in nature. Input From Other Sources Applicant • Proposed building addition dimension is preferred for use as family area. Engineering Services • Ensure the reduced setback for the accessory structure does not adversely affect the drainage patterns within the lot and surrounding area. • Ensure increased lot coverage does not adversely affect the drainage patterns within the lots and surrounding area. Building Services • No concerns from Building Services. Public Input • No written submissions were received from the public as of the date of writing this report. -41- Report P/CA 03/23 January 11, 2023 Page 3 Date of report: January 4, 2023 Comments prepared by: Isabel Lima Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration IL:jc J:\Documents\Development\D-3700\2023\PCA 03-23\7. Report Attachments -42- Au t u m n C r e s c e n t Foxwood Trail Pineview Lane Location MapFile:Applicant:Municipal Address: P/CA 03/23 Date: Nov. 29, 2022 Exhibit 1 ¯ E S. Jeyendran1667 Autumn Circle SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 03-23\PCA03-23_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, 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 -43- 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 03 / 2 3 Ap p l i c a n t : S. J e y e n d r a n Mu n i c i p a l A d d r e s s : 16 6 7 Au t u m n C r e s c e n t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 4 , 2 0 2 2 6. 8 5 m 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 o f 6. 8 me t r e s f o r a su n r o o m a d d i t i o n 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 4 2 pe r c e n t -44- Ex h i b i t 3 Su b m i t t e d Re a r E l e v a t i o n Fi l e N o : P/ C A 03 / 2 3 Ap p l i c a n t : S. J e y e n d r a n Mu n i c i p a l A d d r e s s : 16 6 7 A u t u m n C r e s c e n t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 4 , 2 0 2 2 -45- Ex h i b i t 4 Su b m i t t e d We s t S i d e El e v a t i o n Fi l e N o : P/ C A 03 / 2 3 Ap p l i c a n t : S. J e y e n d r a n Mu n i c i p a l A d d r e s s : 16 6 7 A u t u m n C r e s c e n t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 4 , 2 0 2 2 -46- Ex h i b i t 5 Su b m i t t e d Ea s t Si d e El e v a t i o n Fi l e N o : P/ C A 03 / 2 3 Ap p l i c a n t : S. J e y e n d r a n Mu n i c i p a l A d d r e s s : 16 6 7 A u t u m n C r e s c e n t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 4 , 2 0 2 2 -47- Report to Committee of Adjustment Application Number: P/CA 04/23 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 04/23 E. Welch 721 Sandcastle Court Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18, to permit uncovered steps and a platform (front porch) not exceeding 2.1 metres in height above grade and not projecting more than 6.5 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 yard. The applicant requests approval of this variance in order to obtain a building permit for the construction of replacement stairs, located at the front of the existing dwelling. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance apply only to the proposed front porch, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the West Shore Neighbourhood. Residential uses such as detached dwellings are permitted within this designation. -48- Report P/CA 04/23 January 11, 2023 Page 2 Conforms to the Intent of the Zoning By-law The intent of limiting the height and projection of steps and platforms in the front yard is to ensure the front porch does not obstruct the street view of abutting properties and to ensure sufficient landscaping is maintained in the front yard. As shown on Exhibit 4, there is a grade difference of approximately 2.0 metres between the front entrance of the dwelling and the established grade in the front yard. As such, more than 10 steps are required to provide pedestrian access from the front yard to the entrance of the dwelling. The proposed stairs are uncovered and are therefore not expected to obstruct the view of abutting properties. In addition, there is sufficient space surrounding the porch to allow for landscaping in the front yard. Desirable for the Appriopriate Development of the Land and Minor in Nature The applicant has indicated that the existing stairs maintain a similar projection into the front yard (refer to the image below). The applicant has also indicated that the replacement stairs are required as the existing stairs have experienced extensive shifting and have become a safety hazard. The proposed front porch is integral to the function of the dwelling. As such, staff consider the requested variance to be desirable for the appropriate development of the land and minor in nature. Photo of existing stairs taken in August of 2018, provided by the applicant. Input From Other Sources Applicant • The Zoning By-law permits a maximum of 1.5 metres encroachment into front yard for staircase. But more than 1.5 metres space is required to provide a stairs with 11 steps, to reach to the entrance landing (porch). -49- Report P/CA 04/23 January 11, 2023 Page 3 Engineering Services • Ensure the reduced front yard setback does not adversely affect the drainage patterns within the lot and surrounding area. Building Services • Front porch has been constructed without the benefit of a building permit. A building permit application is on hold until resolution comply with the Committee of Adjustment. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: January 4, 2023 Comments prepared by: Isabel Lima Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration IL:jc J:\Documents\Development\D-3700\2023\PCA 04-23\7. Report Attachments -50- ParkCrescent Down l a n d D r i v e H i l l v i e w C r e s c e n t Sandcastle Court Hillc res t Road Stonebridge Lane LookoutPoint Park Location MapFile:Applicant:Municipal Address: P/CA 04/23 Date: Dec. 05, 2022 Exhibit 1 ¯ E E. Welch 721 Sandcastle Court SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 04-23\PCA04-23_LocationMap.mxd 1:2,000 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 -51- 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 04 / 2 3 Ap p l i c a n t : E. W e l c h Mu n i c i p a l A d d r e s s : 72 1 S a n d c a s t l e C o u r t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 4 , 2 0 2 2 to p e r m i t un c o v e r e d st e p s a n d a p l a t f o r m (f r o n t p o r c h ) n o t ex c e e d i n g 2 . 1 m e t r e s in h e i g h t a b o v e g r a d e an d n o t p r o j e c t i n g mo r e t h a n 6 . 5 m e t r e s in t o t h e r e q u i r e d f r o n t ya r d -52- Ex h i b i t 3 Su b m i t t e d El e v a t i o n Fi l e N o : P/ C A 04 / 2 3 Ap p l i c a n t : E. W e l c h Mu n i c i p a l A d d r e s s : 72 1 S a n d c a s t l e C o u r t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 DE P A R T M E N T . Da t e : De c e m b e r 1 5, 2 0 2 2 Dr a w i n g i s n o t t o s c a l e . -53- Ex h i b i t 4 Su b m i t t e d Se c t i o n D r a w i n g Fi l e N o : P/ C A 04 / 2 3 Ap p l i c a n t : E. W e l c h Mu n i c i p a l A d d r e s s : 72 1 S a n d c a s t l e C o u r t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 5, 2 0 2 2 2.03 m to p e r m i t u n c o v e r e d s t e p s a n d a 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 2 . 1 m e t r e s i n he i g h t a b o v e g r a d e a n d n o t p r o j e c t i n g m o r e th a n 6 . 5 m e t r e s i n t o t h e r e q u i r e d f r o n t y a r d -54- Report to Committee of Adjustment Application Number: P/CA 05/23 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 05/23 K. & A. Werner 2299 Canterbury Crescent Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 5548/99, to permit an accessory building (pool house) which is not part of the main building to be erected in the north side yard, whereas the By-law requires all accessory buildings which are not part of the main building to be erected in the rear yard. The applicant requests approval of this variance in order to permit an accessory building (pool house) in the north side yard. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following conditions are recommended: 1. That this variance apply only to the proposed accessory building (pool house), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). 2. That prior to issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed. Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Brock Ridge Neighbourhood. Lands within this designation are intended to accommodate residential uses including single detached dwellings and any associated accessory structure. -55- Report P/CA 05/23 January 11, 2023 Page 2 Conforms to the Intent of the Zoning By-law 2299 Canterbury Crescent is zoned “S2-13” – Single Detached Residential, under Zoning By-law 3036, as amended by By-law 5548/99. The requested variance is to permit an accessory building (pool house) that is located in the north side yard, whereas the By-law requires all accessory buildings to be located in the rear yard. The intent of this provision is to minimize the visual impact of accessory buildings on adjacent properties and the streetscape, ensure appropriate drainage, and provide access to and from the front and rear yards. Generally, the existing lot pattern along Canterbury Crescent does not provide sufficient space to place an accessory structure in the side yard. Due to the irregular configuration of the subject property, the applicant has the opportunity to construct an accessory building in the side yard and maintain the accessory building provisions as per the Zoning By-law. The pool house is setback 1.5 metres from the principal dwelling, and setback 1.1 metres from the north property line. The pool house is proposed to be setback approximately 17.5 metres from the front lot line and will have minimal impact on the streetscape, as an existing tree will help reduce the visual impact from the street. Furthermore, the location of the proposed pool house will not create significant impacts for accessing the front or rear yards, as there is an entrance at the rear wall of the dwelling, and a gate located in the south side yard. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The applicant has indicated that the purpose of placing the proposed pool house in the side yard is due to an existing drainage swale at the rear of the yard (refer to Exhibit 4). The pool house will contribute towards the total usable amenity space, maintaining a 30.78 square metre area, approximately 4 percent of the total lot coverage. Due to the irregular configuration of the lot, the applicant has chosen to propose the pool house in the side yard. The requested variance is considered to be desirable for the appropriate development of the land and minor in nature. Input From Other Sources Applicant • An existing drainage swale is located at the rear of the property, making it undesirable to construct an accessory structure in the rear yard. Engineering Services • A minimum side yard width of 1.5m is typically required along the side lot line to provide a swale along the side yard and the proposed accessory building does not provide this. Building Services • Apply and obtain building permit prior construction of accessory building in the side yard. -56- Report P/CA 05/23 January 11, 2023 Page 3 Public Input •Resident of 2301 Canterbury Crescent has reviewed the site plan and is in support of the work that is planned on the property. Date of report: January 3, 2023 Comments prepared by: Kerry Yelk Planner I Deborah Wylie, MCIP, RPP Manager, Zoning & Administration KY:ld J:\Documents\Development\D-3700\2023\PCA 05-23\7. Report Attachments -57- C a n t e r b u r y C r e s c e n t C o nacherCrescent S o uth c ott R o a d A b b o tt C r e s c e n t SouthcottPark Location MapFile:Applicant:Municipal Address: P/CA 05/23 Date: Dec. 05, 2022 Exhibit 1 K. & A. Werner2299 Canterbury Crescent SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 05-23\PCA05-23_LocationMap.mxd 1:3,500 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, 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 -58- 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 05 / 2 3 Ap p l i c a n t : K. & A . W e r n e r Mu n i c i p a l A d d r e s s : 22 9 9 Ca n t e r b u r y C r e s c e n 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 e m b e r 2 0 , 2 0 2 2 to p e r m i t an ac c e s s o r y b u i l d i n g i n th e ( n o r t h ) s i d e y a r d ex i s t i n g i n -gr o u n d p oo l pr o p o s e d p o o l hou s e -59- Exhibit 3 Submitted Elevation Plan File No: P/CA 05/23 Applicant: K. & A. Werner Municipal Address: 2299 Canterbury Crescent CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: December 20, 2022 North Elevation -60- Ex h i b i t 4 Su b m i t t e d La n d s c a p e Pl a n Fi l e N o : P/ C A 05 / 2 3 Ap p l i c a n t : K. & A . W e r n e r Mu n i c i p a l A d d r e s s : 22 9 9 Ca n t e r b u r y C r e s c e n 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 e m b e r 2 0 , 2 0 2 2 ex i s t i n g i n -gr o u n d poo l pr o p o s e d p o o l ho u s e ex i s t i n g d w e l l i n g ex i s t i n g d r a i n a g e sw a l e -61- Report to Committee of Adjustment Application Numbers: P/CA 06/23 and P/CA 12/23 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Applications P/CA 06/23 and P/CA 12/23 A. Khaled 198 Twyn Rivers Drive (Parts 1 & 2) Applications P/CA 06/23 – Part 1 The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 13.7 metres, whereas the By-law requires a minimum lot frontage of 15.0 metres; and P/CA 12/23 – Part 2 The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 13.7 metres, whereas the By-law requires a minimum lot frontage of 15.0 metres; The applicant requests approval of these minor variance applications in order to sever the property resulting in a total of 2 lots. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the applications with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in the applications, the following condition is recommended: 1. That these variances apply only to the proposed lots, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2). Comments Conforms to the Intent of the Official Plan The subject site is designated Urban Residential Areas – Low Density Area within the Rougemount Neighbourhood. Rougemount Neighbourhood Policy 12.7(a) encourages new development along Twyn Rivers Drive to be compatible with the character of the existing -62- Report P/CA 06/23 and P/CA 12/23 January 11, 2023 Page 2 neighbourhood. Architectural drawings for the proposed lots remain preliminary. However, the applicant has considered the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts for the future development of the proposed lots. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law 198 Twyn Rivers Drive is zoned “R4” – One Family Detached Dwelling – Residential Fourth Density, by Zoning By-law 3036, as amended by Zoning By-laws 7874/21 & 7902/22. A detached dwelling is permitted within the lands zoned “R4”. Variance to Lot Frontage (Parts 1 and 2) The intent of a minimum lot frontage of 15.0 metres is to ensure a useable lot size that is compatible with the neighbourhood and to maintain appropriate drainage patterns. The existing lot frontages for abutting and surrounding lots vary in size, ranging between 13.7 and 34.0 metres. The existing lot to the west of the subject property is larger in size, having a lot frontage of 31.0 metres. The size of the subject property is in keeping with the varied lotting pattern established along Twyn Rivers Drive to the west, ranging from 13.7 to 33.0 metre lot frontages. The proposed lot frontages will allow for the construction of detached dwellings that are appropriate relative to the size of the lots. The preliminary architectural plans for the proposed lots appear to comply with both Zoning By-law 3036, as well as the Council-adopted Infill By-laws 7874/21 & 7902/22. The proposed lot frontages for Parts 1 and 2 are in keeping with the lotting pattern established along Twyn Rivers Drive. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variances are to permit a reduced lot frontage to facilitate a severance of the lands for two residential lots. The requested variances are desirable for the appropriate development of the land and are minor in nature. Input From Other Sources Applicant • The existing property is just short of the lot frontage requirement of the Zoning By-law. Engineering Services • Ensure the reduced lot frontages do not adversely affect the drainage patterns within the lots and surrounding area. A preliminary grading and drainage plan will be required at the Land Division Application stage. Building Services • No concerns from Building Services Public Input • No written submissions were received from the public as of the date of writing this report. -63- Report P/CA 06/23 and P/CA 12/23 January 11, 2023 Page 3 Date of report: January 4, 2023 Comments prepared by: Kerry Yelk Planner I Deborah Wylie, MCIP, RPP Manager, Zoning & Administration KY:ld J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 06-23 & PCA 12-23\7. Report\PCA 06-23 and PCA 12-23 Report.docx Attachments -64- Wo o d v i e w A v e n u e Twyn Rivers Drive Hogarth Street Lawson Street Oa k b u r n S t r e e t Hoover D r i ve Ca s t l e S t r e e t Wo o d v i e w D r i v e H owell Cres c ent WoodviewTot Lot Location MapFile:Applicant:Municipal Address: P/CA 06/23 & P/CA 12/23 Date: Dec. 05, 2022 Exhibit 1 ¯ E A. Mousa-Khaled198 Twyn Rivers Drive SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 06-23\PCA06-23_LocationMap.mxd 1:2,000 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 -65- Exhibit 2 Submitted Plan File No: P/CA 06/23 & P/CA 12/23 Applicant: A. Mousa-Khaled Municipal Address: 198 Twyn Rivers Drive (Parts 1 & 2) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: December 20, 2022 Part 2 (P/CA 12/23) Part 1 (P/CA 06/23) -66- Report to Committee of Adjustment Application Number: P/CA 07/23 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 07/23 T. Manoranjan & R. Paramalingam 1602 Goldenridge Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 5928/01, to permit uncovered steps and platform (deck with steps) not exceeding 2.6 metres in height above grade and not projecting more than 1.5 metres into the required rear 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 The applicant requests approval of this application in order to obtain a building permit for the construction of a rear yard deck with steps. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance apply only to the proposed uncovered steps and platform (rear yard deck with steps), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Dunbarton Neighbourhood. Residential uses such as detached dwellings and accessory uses are permitted within this designation. The proposed deck with steps appears to comply and maintain both the Infill and Replacement Housing in Established Neighbourhood Design Guidelines and the Dunbarton Neighbourhood Development and Design Guidelines. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. -67- Report P/CA 07/23 January 11, 2023 Page 2 Conforms to the Intent of the Zoning By-law The subject property is zoned “R4-19” by Zoning By-law 3036, as amended by By-law 5928/01. The intent of limiting the projection of platforms and steps into the rear yard is to ensure adequate amenity space is maintained in the rear yard. The applicant is proposing to construct a rear deck that complies with the 1.5 metre encroachment into rear yard. However, due to the existing grading of the property, the applicant is required to obtain a minor variance to permit the deck height of 2.6 metres, whereas the By-law permits a maximum 1.0 metre height. The proposed deck is located at the west (rear) side of the existing dwelling and it is setback 6.5 metres from the rear property line. The proposed deck will contribute to the total amount of usable amenity space in the rear yard. Furthermore, it will provide the applicant with access to the rear yard. There is sufficient space to the southwest side of the proposed deck for landscaping and amenity purposes. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance is intended to facilitate the construction of an uncovered deck that will provide access to the rear yard from the dwelling, and contribute towards the total usable amenity space in the rear yard. The property gradually slopes down towards the rear of the property, causing a significant height from the rear of the dwelling. Due to the existing conditions, the applicant is unable to construct a deck, from the main level of the dwelling, that can comply with the maximum 1.0 metre height. The applicant has provided letters of support from the adjacent neighbours at 910 Dunbarton Road (to the west) and 1606 Goldenridge Road (to the north). The proposed deck is not anticipated to have any significant impacts on drainage or on the surrounding area. Staff is of the opinion that the requested variance is desirable and appropriate, and it is minor in nature. Input From Other Sources Applicant • 1.0 metre height requirement is insufficient height to reach the main floor of the dwelling. Engineering Services • No comments. Building Services • No concerns. Public Input • Residents of 910 Dunbarton Road & 1606 Goldenridge Road have reviewed the site plan and are in full support of the work that is planned on the property. -68- Report P/CA 07/23 January 11, 2023 Page 3 Date of report: January 4, 2023 Comments prepared by: Kerry Yelk Planner I Deborah Wylie, MCIP, RPP Manager, Zoning & Administration KY:ld J:\Documents\Development\D-3700\2023\PCA 07-23\7. Report Attachments -69- Go l d e n r i d g e R o a d Fa i r p o r t R o a d Merritton Roa d Dun b a r t o n R o a d Rushton Road Location MapFile:Applicant:Municipal Address: P/CA 07/23 Date: Dec. 05, 2022 Exhibit 1 ¯ E T. Manoranjan & R. Paramalingam1602 Goldenridge Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 07-23\PCA07-23_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, 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 -70- 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 07 / 2 3 Ap p l i c a n t : T. M a n o r a n j a n & R. P a r a m a l i n g a m Mu n i c i p a l A d d r e s s : 16 0 2 G o l d e n r i d g e R o a d 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 e m b e r 2 0 , 2 0 2 2 to p e r m i t un c o v e r e d s t e p s an d pl a t f o r m n o t e x c e e d i n g 2. 6 me t r e s 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 m o r e th a n 1 . 5 me t r e s i n t o a n y r e q u i r e d re a r y a r d -71- Ex h i b i t 3 Su b m i t t e d El e v a t i o n Pl a n Fi l e N o : P/ C A 07 / 2 3 Ap p l i c a n t : T. M a n o r a n j a n & R. P a r a m a l i n g a m Mu n i c i p a l A d d r e s s : 16 0 2 G o l d e n r i d g e R o a d 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 e m b e r 2 0 , 2 0 2 2 2.54 metres -72- Report to Committee of Adjustment Application Numbers: P/CA 08/23 to P/CA 10/23 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Applications P/CA 08/23 to P/CA 10/23 A. & S. Rhemtulla 1774 & 1778 Fairport Road (Parts 1, 2, 3, 6, 7, 8, 9, 10 & 11) Applications P/CA 08/23 – Parts 1, 8 & 9 The applicant requests relief from Zoning By-law 3036, as amended by By-laws 7874/21 and 7902/22, to permit: • a minimum lot frontage of 15.0 metres, whereas the By-law requires a minimum lot frontage of 18.0 metres • a minimum front yard setback of 6.2 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; • a minimum side yard (west) setback of 1.5 metres, whereas the By-law requires a minimum side yard setback of 1.8 metres; • a minimum side yard (east) setback of 1.5 metres, whereas the By-law requires a minimum side yard setback of 1.8 metres; • covered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 3.2 metres into any required front yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 1.5 metres into any required front yard; and • a maximum lot coverage of 36.0 percent, whereas the By-law requires a maximum lot coverage of 33.0 percent P/CA 09/23 – Parts 2, 7 & 10 The applicant requests relief from Zoning By-law 3036, as amended by By-laws 7874/21 and 7902/22, to permit: • a minimum lot frontage of 15.0 metres, whereas the By-law requires a minimum lot frontage of 18.0 metres • a minimum front yard setback of 6.2 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; • a minimum side yard (west) setback of 1.5 metres, whereas the By-law requires a minimum side yard setback of 1.8 metres; -73- Report P/CA 08/23 to P/CA 10/23 January 11, 2023 Page 2 • a minimum side yard (east) setback of 1.5 metres, whereas the By-law requires a minimum side yard setback of 1.8 metres; • covered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 3.2 metres into any required front yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 1.5 metres into any required front yard; and • a maximum lot coverage of 36.0 percent, whereas the By-law requires a maximum lot coverage of 33.0 percent P/CA 10/23 – Parts 3, 6 & 11 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21 and 7902/22, to permit: • a minimum lot frontage of 15.0 metres, whereas the By-law requires a minimum lot frontage of 18.0 metres • a minimum front yard setback of 6.2 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; • a minimum side yard setback (west) of 1.5 metres, whereas the By-law requires a minimum side yard setback of 1.8 metres; • a minimum side yard setback (east) of 1.5 metres, whereas the By-law requires a minimum side yard setback of 1.8 metres; • covered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 3.2 metres into any required front yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 1.5 metres into any required front yard; and • a maximum lot coverage of 36.0 percent, whereas the By-law requires a maximum lot coverage of 33.0 percent The applicant requests approval of these minor variance applications in order to facilitate land division applications conditionally approved by the Region of Durham Land Division Committee to sever the property resulting in a total of three lots and to facilitate the submission of building permits applications to permit three detached dwellings. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in these applications, the following condition is recommended: -74- Report P/CA 08/23 to P/CA 10/23 January 11, 2023 Page 3 1. That these variances apply only to the proposed lots and detached dwellings, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8 & 9). Background Land Division Applications LD 107/2022 to LD 109/2022 were conditionally approved by the Durham Region Land Division Committee to permit a severance of the subject property, resulting in a total of 3 lots with lot frontages of 15.0 metres, along Welrus Street. As a condition of approval, the applicant must ensure any zoning non-compliances resulting from the proposed severances be brought into compliance through applications for minor variances. Infill & Replacement Housing By-laws On September 27, 2021, City Council enacted By-law 7874/21 (the Infill By-law) to amend Zoning By-law 3036, to rezone all lands within the Established Neighbourhood Precincts to an “Established Neighbourhood Precinct Overlay Zone” category. The amending Infill By-law introduces new provisions for yard setbacks, building height, lot coverage and other zoning standards to ensure new built form is compatible with existing built form. Following adoption by Council, the City received appeals to the Infill By law. On January 24, 2022, City Council adopted By-law 7902/22, to reinstate a maximum building height of 9.0 metres for all lands within the Established Neighbourhood Precincts. The City also received appeals to this By-law. The Infill By-laws established a set of zoning provisions to help maintain the existing character of the surrounding neighbourhood. After reviewing the following minor variance applications, there are no requested variances to the Infill By-law. However, please note that due to the ongoing appeals, the Infill By laws are not currently in force. Comment Conforms to the General Intent and Purpose 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 on each of the three lots for a total of three detached dwellings. Detached dwellings are a permitted use within this designation and a built form within the Dunbarton Neighbourhood. The Dunbarton Neighbourhood Development Guidelines permit detached dwellings and require minimum lot frontages of 15.0 metres. The proposal conforms to the Dunbarton Neighbourhood Development Guidelines. -75- Report P/CA 08/23 to P/CA 10/23 January 11, 2023 Page 4 As shown in Exhibits 3, 4 and 5, the applicant has proposed similar house designs for each proposed dwelling. The Pickering Official Plan, the Dunbarton Neighbourhood Development Guidelines and the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts have a policies on minimizing garage projections from front wall of dwellings to ensure high quality residential landscapes. It appears that the applicant has addressed the design guidelines with front wall garage slightly recessed from the dwelling’s main front wall. Staff have reviewed and made comment on the proposed dwellings using the Council-adopted Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts Checklist, which can be found as Appendix A to this report. Staff is of the opinion that the requested variances conforms to the general intent and purpose of the Official Plan. Conforms to the General Intent and Purpose of the Zoning By-law 1774 & 1778 Fairport Road is zoned “R3” – One Family Detached Dwelling – Residential Third Density, under Zoning By-law 3036, as amended by Zoning By-laws 7874/21 & 7902/22. A detached dwelling is permitted within the lands zoned “R3”. Similar variances have been requested for each of the proposed three lots and dwellings. Lot Frontage Variances (Parts 1, 2, 3, 6, 7, 8, 9, 10 & 11) The intent of the minimum lot frontage of 18.0 metres is to ensure a useable lot size that is compatible with the neighbourhood. Presently, there are no existing lot frontages on Welrus Street. Overall, the existing lot frontages in the neighbourhood block vary in size, ranging between 15.0 and 30.0 metres. The size of the subject property is in keeping with the varied lotting pattern established along Fairport and Spruce Hill Road. The proposed lot frontages allow for the construction of detached dwellings that are appropriate relative to the size of the lots. Front Yard Variances (Parts 1, 2, 3, 6, 7, 8, 9, 10 & 11) The intent of the front yard setback is to provide an adequate separation distance between the building and the street activity in the front yard, and to maintain a consistent lotting pattern with abutting properties to mitigate views and privacy concerns. All three proposed dwellings are proposed to be setback from the front lot line by 6.2 metres, whereas the By-law requires a 7.5 metre setback. There is sufficient room between the front wall of the proposed dwellings to the front lot line for front yard landscaping, amenity space, and to accommodate one parking space on each of the driveways. Furthermore, the three dwellings front onto a easement, therefore, these houses will be sufficiently setback from Welrus Street. The applicant has suggested a reduction in the required front yard to allow for a greater rear yard depth to address privacy concerns of the abutting property to the rear. At the present moment, Welrus Street is used as an access route from Fairport to Spruce Hill Road, with most existing properties backing onto the street, with minimal streetscape. The proposed dwellings will help create a streetscape along Welrus Street. -76- Report P/CA 08/23 to P/CA 10/23 January 11, 2023 Page 5 Side Yard Variances (Parts 1, 2, 3, 6, 7, 8, 9, 10 & 11) The intent of a minimum side yard requirement of 1.8 metres is to accommodate drainage and to provide sufficient room for the maintenance of a dwelling. There is a minimum building separation of approximately 3.1 metres between the proposed dwellings on the west lot (P/CA 08/23) and the middle lot (P/CA 09/23), and a minimum building separation of 3.1 metres between the proposed middle lot (P/CA 09/23) and the east lot (P/CA 10/23). Engineering Services has indicated that the requested reduction in side yard setbacks will provide sufficient room between the structures to accommodate for a minimum 0.15 metre deep drainage swale. Covered Porch with Steps Variance (Parts 1, 2, 3, 6, 7, 8, 9, 10 & 11) The intent of the provision that requires uncovered platforms not exceeding 1.0 metre in height above grade to project not more than 1.5 metres into the required front yard is to ensure an adequate buffer space between buildings and to ensure an adequate landscaped area within the front yard is provided. The height of the covered porch is approximately 0.7 metres above grade, and projects 3.2 metres into the required front yard. The 3.2 metre projection into the required front yard leaves approximately 4.3 metres of landscaped area between the edge of the porch and the front property line. Lot Coverage Variances (Parts 1, 2, 3, 6, 7, 8, 9, 10 & 11) The intent of this provision is to maintain an appropriate amount of yard space (amenity area) uncovered by structures on a lot, and to regulate the scale and size of the building. The Zoning By-law permits a maximum lot coverage of 33 percent for all covered structures on the property. The By-law restricts the total lot coverage to ensure the property has sufficient area uncovered by structures to accommodate usable amenity area and landscaping. The proposed dwellings (including the attached private garage) accounts for approximately 32.5 percent of the total lot coverage, whereas the covered porch with steps in the front yard and the uncovered rear deck with steps in the rear yard accounts for approximately 3 percent of the total lot coverage. It appears that there will be a basement walkout below the rear yard deck, which accounts towards the total usable amenity space. The proposal will provide sufficient space on the property left uncovered for soft landscaping and outdoor amenity areas, as a minimum front yard setback of 6.2 metres and a minimum rear yard setback of 17 metres will be maintained. As shown on the overall site plan, adequate amenity space is preserved throughout this proposal. Staff is of the opinion that the requested variances conform to the general intent and purpose of the Zoning By law. Desirable for the Appropriate Development of the Land and Minor in Nature The proposed dwellings will be situated on deep residential lots in the Dunbarton Established Neighbourhood, and will provide consistency with the neighbouring lots and the general character of the neighbourhood. Presently, there are no dwellings containing a frontage onto Welrus Street. -77- Report P/CA 08/23 to P/CA 10/23 January 11, 2023 Page 6 The proposed three dwellings will help to create a streetscape, and introduce a neighbourhood character consistent with the Dunbarton Neighbourhood Development and Design Guidelines and Infill and Replacement Housing Design Guidelines. Staff is of the opinion that the requested variances are desirable for the appropriate development of the land and are minor in nature. Input From Other Sources Applicant • See Planning Justification Report. Building Services • No concerns regarding these applications. Engineering Services • Ensure any reduced setbacks and lot frontages and increased maximum lot coverages (if approved with this application) do not adversely affect the drainage patterns within the lots and surrounding area. A preliminary grading and drainage plan will be required with the Land Division Application. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: January 4, 2023 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration KY:ld J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 08-23 to PCA 10-23\7. Report Attachments Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts Checklist -78- Fa i r p o r t R o a d Shadybrook Drive Go l d e n r i d g e R o a d Kates Lane DunbartonRoad Jacq u eline Avenue Spruce Hill Road Rushton Road W ingarden Cres c ent Welrus Street Location MapFile:Applicant:Municipal Address: P/CA 08/23 to P/CA 10/23 Date: Dec. 06, 2022 Exhibit 1 ¯ E A. & S. Rhemtulla1774 & 1778 Fairport Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 08-23 to PCA 10-23\PCA08-23to10-23_LocationMap.mxd 1:3,000 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 -79- Ex h i b i t 2 Su b m i t t e d Ov e r a l l Si t e Pl a n Fi l e N o : P/ C A 08 / 2 3 t o P / C A 1 0 / 2 3 ( P a r t s 1 , 2 , 3 , 6 , 7 , 8 , 9 , 1 0 & 1 1 ) Ap p l i c a n t : R. C r o o k Mu n i c i p a l A d d r e s s : 17 7 4 & 1 7 7 8 F a i r p o r t Ro a d 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 e m b e r 1 4 , 20 2 3 P/ C A 0 8 / 2 3 (P a r t s 1 , 8 & 9 P/ C A 0 9 / 2 3 (P a r t s 2 , 7 & 1 0 ) P/ C A 1 0 / 2 3 (P a r t s 3, 6 & 1 1 ) We l r u s S t r e e t Fairport Road 17 7 8 F a i r p o r t R o a d 17 7 4 F a i r p o r t R o a d -80- Exhibit 3 Submitted Lot Plan (Parts 1, 8 & 9) File No: P/CA 08/23 Applicant: A. & S. Rhemtulla Municipal Address: 1774 & 1778 Fairport Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: December 20, 2022 to permit a minimum front yard setback of 6.2 metres to permit a side (west) yard setback of 1.5 metres to permit a maximum lot coverage of 36.0 percent to permit a side (east) yard setback of 1.5 metres Welrus Street Proposed Dwelling covered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 3.2 metres into any required front yard to permit a minimum frontage of 15.0 metres -81- Exhibit 4 Submitted Lot Plan (Parts 2, 7 & 10) File No: P/CA 09/23 Applicant: A. & S. Rhemtulla Municipal Address: 1774 & 1778 Fairport Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: December 20, 2022 to permit a minimum front yard setback of 6.2 metres to permit a side (west) yard setback of 1.5 metres to permit a maximum lot coverage of 36.0 percent to permit a side (east) yard setback of 1.5 metres Welrus Street Proposed Dwelling covered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 3.2 metres into any required front yard to permit a minimum lot frontage of 15.0 metres -82- Exhibit 5 Submitted Lot Plan (Parts 3, 6 & 11) File No: P/CA 10/23 Applicant: A. & S. Rhemtulla Municipal Address: 1774 & 1778 Fairport Road (Parts 3, 6 & 11) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: December 14, 2022 to permit a minimum front yard setback of 6.2 metres to permit a side (west) yard setback of 1.5 metres to permit a maximum lot coverage of 36.0 percent to permit a side (east) yard setback of 1.5 metres Welrus Street Proposed Dwelling covered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 3.2 metres into any required front yard to permit a minimum lot frontage of 15.0 metres -83- Ex h i b i t 6 Su b m i t t e d Ty p i c a l F r o n t E l e v a t i o n Fi l e N o : P/ C A 08 / 2 3 t o P / C A 1 0 / 2 3 Ap p l i c a n t : A. & S . R h e m t u l l a Mu n i c i p a l A d d r e s s : 17 7 4 & 1 7 7 8 Fa i r p o r t R o a d 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 DE 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 e m b e r 1 4 , 2 0 2 2 -84- Ex h i b i t 7 Su b m i t t e d T y p i c a l R e a r E l e v a t i o n Fi l e N o : P / C A 0 8 / 2 3 t o P / C A 1 0 / 2 3 Ap p l i c a n t : A . & S . R h e m t u l l a Mu n i c i p a l A d d r e s s : 1 7 7 4 & 1 7 7 8 F a i r p o r t R o a d 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 : D e c e m b e r 1 4 , 2 0 2 3 -85- Ex h i b i t 8 Su b m i t t e d Ty p i c a l We s t El e v a t i o n Fi l e N o : P/ C A 08 / 2 3 t o P / C A 1 0 / 2 3 Ap p l i c a n t : A. & S . R h e m t u l l a Mu n i c i p a l A d d r e s s : 17 7 4 & 1 7 7 8 F a i r p o r t R o a d 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 PL A N . Da t e : De c e m b e r 1 4 , 2 0 2 2 -86- Ex h i b i t 9 Su b m i t t e d Ty p i c a l Ea s t El e v a t i o n Fi l e N o : P/ C A 08 / 2 3 to P/ C A 1 0 / 2 3 Ap p l i c a n t : A. & S . R h e m t u l l a Mu n i c i p a l A d d r e s s : 17 7 4 & 1 7 7 8 Fa i r p o r t Ro a d 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 PL A N . Da t e : Ma r c h 3 0 , 2 0 2 2 -87- 22 Planning Justification Report 1774 - 1778 Fairport Road, Pickering, ON -88- 23 Planning Justification Report 1774 - 1778 Fairport Road, Pickering, ON -89- 24 Planning Justification Report 1774 - 1778 Fairport Road, Pickering, ON -90- Report to Committee of Adjustment Application Number: P/CA 11/23 Date: January 11, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 11/23 M. Nwobu 1843 Westcreek Drive Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4366/93, to permit: • an accessory dwelling unit in a townhouse, whereas the By-law permits an accessory dwelling unit within a detached dwelling or semi-detached dwelling; and • a total of two parking spaces are provided on the property where the accessory dwelling unit is located, whereas the By-law requires a total of three parking spaces provided on the property where the accessory dwelling unit is located The applicant requests approval of this minor variance application in order to obtain a building permit to legalize the existing Accessory Dwelling Unit within a townhouse dwelling. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 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). Comment Background On October 7, 2022, the Building Services Department received complaints regarding the Accessory Dwelling Unit (ADU) at the subject property, which was not permitted by the Zoning By-law. -91- Report P/CA 11/23 January 11, 2023 Page 2 After a site inspection, it was determined by City staff that the ADU was constructed without a building permit. The property owner was advised that a building permit would be required to legalize the existing ADU. Information provided by the property owner indicates that the ADU was constructed by a previous owner. Conforms to the Intent of the Official Plan The subject property is designated “Local Node” within the Highbush Neighbourhood. The Local Node designation is a Mixed Use Area within the Official Plan, and is intended to have the widest variety of uses and highest level of activities in the City. Residential uses, such as townhouses are a permitted use. Conforms to the Intent of the Zoning By-law The subject property is zoned “LCA-6”, under Zoning By-law 3036, as amended by By-law 4366/93. Accessory Dwelling Unit in Townhouse Unit Variance Under Section 5.32 of Zoning By-law 3036, Accessory Dwelling Units are permitted in any zone that permits a detached dwelling or a semi-detached dwelling. Furthermore, ADUs must maintain the following provisions: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. The Planning Act contains an “additional residential unit” framework introduced by Bill 108, More Home More Choices Act, 2019. This framework permits up to 3 residential units on one lot by allowing 2 units within detached, semi-detached and row homes (townhomes), and 1 unit in an ancillary structure on the same lot. Recent changes introduced by Bill 23, More Homes Built Faster Act, 2022, have updated this framework to permit 3 residential units in one house, or 2 residential units in one house and 1 residential unit in an ancillary structure within the same lot, on detached, semi-detached and row homes (townhomes) lots serviced by full municipal water and sewage services. Only the most recent zoning by-laws for City Centre 7553/17 and Seaton 7364/15 permit ADUs within townhomes, as the zoning provisions are based on the provincial direction for increased housing supply prior to the Bill 23 changes. Since the City has not amended the zoning provisions for ADUs within Zoning By-law 3036, the applicant is required to submit an application to the Committee of Adjustment for a minor variance. Reduction in Parking Spaces Variance The purpose of requiring three parking spaces for an ADU is to ensure sufficient parking is provided for both dwelling units, and to ensure on-street parking is avoided. The applicant requests a variance to provide a total of two parking spaces, whereas the Zoning By-law requires a total of three parking spaces on lots where an ADU is located. -92- Report P/CA 11/23 January 11, 2023 Page 3 Based on the Bill 23 changes to the Planning Act, it has also reduced the parking requirements for ADUs, where only one parking space is required to be provided and maintained per residential unit. The applicant has demonstrated that two parking spaces can be provided, which accounts for one parking space per dwelling unit. Furthermore, the subject property is located approximately 200 metres from the nearest bus stop on Durham Region Transit Route 103, which connects to the Pickering Parkway Terminal allowing for further transfers onto the GO station or to access services within the City Centre. It is also within walking distance to local retail and services at the intersection of Pine Grove Avenue and Altona Road. Staff is of the opinion that sufficient parking is provided for both units. Desirable for the Appropriate Development of the Land and Minor in Nature The approval of the requested variances will permit an ADU within an townhouse. Based on the provincial direction, the proposal meets the requirements of the Planning Act. Additionally, the subject property is located in a mixed use area, which is able to support the gentle intensification as proposed in this application. As such, staff is of the opinion that the proposed variances are desirable for appropriate development of the land and are minor in nature. Input From Other Sources Applicant •Seeking to legalize the existing accessory dwelling unit. Engineering Services •No comment. Building Services •ADU have been constructed without the benefit of a building permit. Application is on hold until resolution comply with the Committee. Public Input •As of the date of writing this report, one resident has indicated opposition to this application. Date of report: January 4, 2023 Comments prepared by: Ziya Cao Planner I Deborah Wylie, MCIP, RPP Manager, Zoning & Administration ZC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 11-23\7. Report\PCA 11-23 Report.docx Attachments -93- We s t c r e e k D r i v e P i n e G r o ve A ve n ue Tranquil Court Location MapFile:Applicant:Municipal Address: P/CA 11/23 Date: Dec. 13, 2022 Exhibit 1 ¯ E M. Nwobu1843 Westcreek Drive SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 11-23\PCA11-23_LocationMap.mxd 1:1,000 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 -94- 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 11 /2 3 Ap p l i c a n t : M. N w o b u Mu n i c i p a l A d d r e s s : 18 4 3 W e s t c r e e k D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 . Da t e : De c e m b e r 1 4 , 2 0 2 2 to p e r m i t a n ac c e s s o ry d w e l l i n g un i t i n a t o w n h o u s e to p e r m i t a t o t a l o f tw o ( 2 ) p a r k i n g sp a c e s o n a p r o p e r t y wh e r e t h e a c c es s o r y dw e l l i n g u n i t i s lo c a t e d -95- Ex h i b i t 3 Su b m i t t e d Fl o o r Pl a n ( Fi r s t F l o o r La y o u t ) Fi l e N o : P/ C A 11 /2 3 Ap p l i c a n t : M. N w o b u Mu n i c i p a l A d d r e s s : 18 4 3 W e s t c r e e k D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 DE P A R T M E N T . Da t e : De c e m b e r 1 4 , 2 0 2 2 -96- Ex h i b i t 4 Su b m i t t e d Fl o o r Pl a n (B a s e m e n t L a y o u t ) Fi l e N o : P/ C A 11 /2 3 Ap p l i c a n t : M. N w o b u Mu n i c i p a l A d d r e s s : 18 4 3 W e s t c r e e k D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A 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 DE P A R T M E N T . Da t e : De c e m b e r 1 4 , 2 0 2 2 -97-