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HomeMy WebLinkAboutFebruary 8, 2023 Committee of Adjustment Agenda Hearing Number: 2 Date: Wednesday, February 8, 2023 pickering.ca Agenda Committee of Adjustment Wednesday, February 8, 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 1-18 19-28 29-43 44-49 1.Disclosure of Interest 2.Adoption of Agenda 3.Adoption of Minutes from January 11, 2023 hearing 4.Reports 4.1 P/CA 13/23 – 1640 Kingston Road & 1964 Guild Road 4.2 P/CA 14/23 – 781 Oliva Street 4.3 P/CA 15/23 – 1800 Liatris Drive 5.Adjournment Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 1 of 18 Pending Adoption Present Tom Copeland – Chair Omar Ha-Redeye Denise Rundle – Co-Vice-Chair Rick Van Andel Sean Wiley – Co-Vice-Chair Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Lesley Dunne, Assistant Secretary-Treasurer Jasmine Correia, Assistant Secretary-Treasurer Isabel Lima, Planner II Kerry Yelk, Planner I Ziya Cao Absent Not applicable. 1.Appointment of Chairperson Moved by Sean Wiley Seconded by Denise Rundle That Tom Copeland be appointed as Chairperson for the 2023 term. Carried Unanimously 2.Appointment of Vice Chairperson Moved by Tom Copeland Seconded by Rick Van Andel That Denise Rundle and Sean Wiley be appointed as Co-Vice Chairperson for the 2023 term. Carried Unanimously 3.Appointment of Secretary-Treasurers Moved by Tom Copeland Seconded by Rick Van Andel -1- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 2 of 18 That Deborah Wylie and Cody Morrison be appointed as Secretary-Treasurers. Carried Unanimously 4. Appointment of Assistant Secretary-Treasurers Moved by Tom Copeland Seconded by Denise Rundle That Lesley Dunne and Jasmine Correia be appointed as Assistant Secretary-Treasurers. Carried Unanimously 5. Adoption of Rules of Procedure Moved by Rick Van Andel Seconded by Sean Wiley That the Rules of Procedures be adopted as amended. Carried Unanimously 6. Terms of Reference Moved by Sean Wiley Seconded by Tom, Omar, Denise, Rick, Sean That the revised Terms of Reference be forwarded to the Clerks Office. Carried Unanimously 7. Adoption of 2023 Hearing Schedule Moved by Rick Van Andel Seconded by Denise Rundle That the Committee of Adjustment Hearing Schedule for 2023 be adopted. 8. Disclosure of Interest 9. Adoption of Agenda Moved by Rick Van Andel Seconded by Denise Rundle That the agenda for the Wednesday, January 11, 2023 hearing be adopted. Carried Unanimously -2- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 3 of 18 10. Adoption of Minutes Moved by Sean Wiley Seconded by Denise Rundle That the minutes of the 10th hearing of the Committee of Adjustment held Wednesday, November 9, 2022 be adopted. Carried 11. Reports 11.1 P/CA 112/22 R. & P. Behera 1897 Bainbridge Drive 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. 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 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. Syed Ahmed, 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 confirmed a TRCA permit will still be required should the relief be granted. -3- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 4 of 18 Given that the applicant worked with TRCA to meet their requirements, no objections were received from the public or outside agencies, the application being minor in nature and agreeing with the City Development Department’s recommendation, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Denise Rundle That application P/CA 112/22 by R. & P. Behera, 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 proposed unheated sunroom, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated January 11, 2023). Carried Unanimously 11.2 P/CA 01/23 S. Ratnalingam 1771 Fairport Road Moved by Denise Rundle Seconded by Sean Wiley That application P/CA 01/23 by S. Ratnalingam, be put on hold until the applicant is present. Carried Unanimously 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). 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. -4- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 5 of 18 Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section and one area resident. In support of the application, the applicant identified the purpose of the shed is to store pool and gardening equipment. Sanchai Ratnalingam, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, the applicant explained the following: the shed will not be habitable; the shed will have electricity because it will be used to hold pool equipment, filter systems, etc.; shed does not have a second storey, the applicant plans to install a small platform for more storage space; and the setback from the fence to the sidewall is 1.0 metre and the applicant would not have the clearance to plant landscaping trees, but is not opposed to providing landscaping trees to the neighbour who is concerned with the screening of the accessory building. After listening to the responses from the applicant, the structure not being habitable and will only be used to house pool equipment, the subject property is on a deep lot, the request being reasonable in nature, and being satisfied the application will provide landscaping trees for the neighbour who provided comments, Denise Rundle move the following motion: Moved by Denise Rundle Seconded by Rick Van Andel That application P/CA 01/23 by S. Ratnalingam, 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 proposed accessory building (pool equipment shed), 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 January 11, 2023). Carried Unanimously -5- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 6 of 18 11.3 P/CA 02/23 M. Shero 530 Sheppard Avenue 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. 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 was received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified seeking to legalize the existing accessory dwelling unit. Mike Shero, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, the applicant stated the following: the ADU is in the garage, there are currently tenants occupying the first floor; he was not aware he needed a building permit to rent the building; he purchased the property with the garage being converted to an ADU; renovations were completed by him; there is assigned parking for the tenant; and the ADU house holds two families, each having their own separate entrances. Given the Province’s direction to increase housing, only looking for relief for the side yard; Building Services addressing any alterations that aren’t up to code, and parking being provided to the tenant, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Rick Van Andel That application P/CA 02/23 by M. Shero, 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: -6- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 7 of 18 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 contained in the staff report to the Committee of Adjustment, dated January 11, 2023). Carried Unanimously 11.4 P/CA 03/23 S. Jeyendran 1667 Autumn Crescent 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. 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 was received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified proposed is an addition to the building for use as family area. Mark Santana, agent, and Sanchai Jeyendran, applicant were present to represent the application. No further representation was present in favour of or in objection to the application. Given that minor relief is being asked for and not receiving any feedback from area residents or outside agencies, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Rick Van Andel -7- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 8 of 18 That application P/CA 03/23 by S. Jeyendran, 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 sunroom, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, & 5 contained in the staff report to the Committee of Adjustment, dated January 11, 2023). Carried Unanimously 11.5 P/CA 04/23 E. Welch 721 Sandcastle Court 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. 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 was received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified 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). Edward Welch, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Edward Welch, applicant, explained the following: the front stairs were unsafe when he purchased the home; the stairs will be the depth and width as the stairs that were there previously; there are 12 steps; the only change is the shape of the stairs will be more square shaped; a building permit was applied for; and will add soft landscaping. -8- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 9 of 18 In response to a question from a Committee member, the applicant indicated there is no sidewalk on his property. After reading the report, listening to the Applicant and receiving no objections from the public, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Rick Van Andel That application P/CA 04/23 by E. Welch, 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 proposed front porch, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4 contained in the staff report to the Committee of Adjustment, dated January 11, 2023). Carried Unanimously 11.6 P/CA 05/23 K. & A. Werner 2299 Canterbury Crescent 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. 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 was received from the Applicant, City’s Engineering Services, City’s Building Services Section and one area resident in support of the application. In support of the application, the applicant identified an existing drainage swale is located at the rear of the property, making it undesirable to construct an accessory structure in the rear yard. Kristian Werner, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. -9- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 10 of 18 The applicant indicated they are willing to work with Engineering Services and Building Services to meet their requirements. In response to a question from a Committee member, the Secretary-Treasurer clarified the required side yard setback for an accessory structure is 1.0 metre. In response to questions from Committee members, the applicant stated the following: the plans provided are preliminary, high level plans were provided for this application, more detailed drawings will be provided to Building Services to ensure everything is up to code; an aluminum chain-link fence separates this property and the one to the north; the door and the plantings indicated on the north side are no longer in the plan and will be modified, the door will instead be at the front of the house, facing the street, with large plantings as screening. After reading the report, reviewing the drawings, no objections from the neighbour and hearing the applicant’s responses, Denise Rundle moved the following motion: Moved by Denise Rundle with amended conditions Seconded by Rick Van Andel That application P/CA 05/23 by K. & A. Werner, 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 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, to be revised to show no pedestrian access on the north elevation, contained in the staff report to the Committee of Adjustment, dated January 11, 2023). 2. An Accessory Dwelling Unit shall not be permitted within the proposed accessory building (pool house). 3. That prior to issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed. Carried Unanimously -10- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 11 of 18 11.7 P/CA 06/23 & P/CA 12/23 A. Khaled 198 Twyn Rivers Drive (Parts 1 & 2) 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. 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 was received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified the existing property is just short of the lot frontage requirement of the Zoning By-law. Rafik Nassif, 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 confirmed a Land Division application has been submitted to the Region. Given that the applications meets the four tests of the Planning Act and the size of the properties keep the same size pattern on Twyn Rivers Drive, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Rick Van Andel -11- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 12 of 18 That application P/CA 06/23 & P/CA 12/23 by A. Khaled, 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 lots, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2 contained in the staff report to the Committee of Adjustment, dated January 11, 2023). Carried Unanimously 11.8 P/CA 07/23 T. Manoranjan & R. Paramalingam 1602 Goldenridge Road 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. 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 was received from the Applicant, City’s Engineering Services, City’s Building Services Section and two area residents in support of the application. In support of the application, the applicant identified 1.0 metre height requirement is insufficient height to reach the main floor of the dwelling. Tasha Manoranjan, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee member, the applicant indicated they purchased the single detached home in 2019, and the home was built in 2016. The home was built with the doors but no landing. They would like to access the rear yard from those doors. After reading the report, listening to the applicant and making a site inspection, Denise Rundle moved the following motion: -12- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 13 of 18 Moved by Denise Rundle Seconded by Rick Van Andel That application P/CA 07/23 by T. Manoranjan & R. Paramalingam, be Approved on the grounds that the requested variances 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 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 contained in the staff report to the Committee of Adjustment, dated January 11, 2023). Carried Unanimously 11.9 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) 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 -13- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 14 of 18 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; • 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; -14- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 15 of 18 • 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. 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 was received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant submitted a Planning Justification Report. Paul Demczak, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee members, the agent identified the following: the front porch projection is to provide additional articulation for the front of the dwellings, the garage is flush with the front yard and the porch projects slightly above what is required in the by-law, they tried to meet what is intended in the City’s Urban Design Guidelines; the application for Land Division was approved in September 2022; the adjacent property to the west of the subject site was approved for minor variances in 2022, those three lots had frontages that were compliant with the zoning by-law but it did not include the same depth that they are proposing now, because of that reduced lot depth they still needed variances for reduced front yard setback, reduced lot coverage and reduced side yard setbacks; they are trying to keep the same streetscape in terms of front yard and side yard setback and building massing that aligns with the new streetscape along the south side of Walrus Street; the Planning Justification Report details how these applications cause less of an impact than the approved variances west of the subject site; it was intended that the applications for Land Division and Minor Variance be submitted jointly however there were design changes that occurred last fall which delayed his client submitting the Minor Variance applications at the same time, they have been in discussions with the City’s planning department to speak to both applications and had no objections to the proposed variances; his client has built -15- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 16 of 18 other homes in Pickering; the built form is consistent but with a variety of palettes both with materials and colours to provide variation in the built forms; and the west lots have front setbacks of 5.0 meres, there is a notch in the front of those dwellings where the setback is 6.0 metres where the recessed garage is located. After reading the report and visiting the site, finding the applications to be minor in nature and meeting the four tests of the Planning Act, and satisfied with the answers by the agent regarding the front projection, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Rick Van Andel That application P/CA 08/23 to P/CA 10/23 by A. & S. Rhemtulla, 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 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 contained in the staff report to the Committee of Adjustment, dated January 11, 2023). Carried Vote: Tom Copeland in favour Omar Ha-Redeye in favour Denise Rundle opposed Rick Van Andel in favour Sean Wiley in favour 11.10 P/CA 11/23 M. Nwobu 1843 Westcreek Drive 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 -16- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 17 of 18 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. 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 was received from the Applicant, City’s Engineering Services, City’s Building Services Section and three area residents in objection to the application. In support of the application, the applicant identified seeking to legalize the existing accessory dwelling unit. Mandy Nwobu, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee members, the applicant stated the following: they have tenants on the first floor that have been living there illegally and running an Airbnb, they have been served to vacate the unit, she is awaiting a hearing date from the Landlord and Tenant Board; one unit is empty and the other is occupied by the evicted tenants; and the garage is intended for parking uses however the applicant cannot access the garage due to the tenants locking it. In response to a question from a Committee member, the Secretary-Treasurer and Planner on file clarified the City’s by-law does not specify how parking spaces are arranged, in regards to tandem parking versus parallel parking, it only clarifies how many spaces are required. The Planning Act permits tandem parking for ADUs. Committee member, Denise Rundle, stated her concerns about conformity of the application with the intent of the zoning bylaw. While the Province’s direction allows for ADUs in townhomes, the City zoning bylaw does not. If this Committee permits this relief it sets precedent for the whole neighbourhood, which may cause serious on street parking problems. It is Council’s responsibility and duty to update the zoning bylaws in Pickering as it relates to ADUs in townhouses. A full study should be done and consideration of where in the City of Pickering and what type of townhouses to allow for ADUs, and do they wish to add provisions to it for issues like restricting the floor area or requiring additional parking. A Zoning Bylaw Amendment Application may be more appropriate. Committee member, Sean Wiley, stated his agreement with his Committee member. Direction from Council needs to be provided. Tandem parking is impractical and is not a solution to parking requirements. Paving part of the front yard for parallel parking would be a better solution. -17- Committee of Adjustment Hearing Minutes Wednesday, January 11, 2023 7:00 pm Electronic Hearing Page 18 of 18 In response to Committee members comments, the applicant stated the Planning Act currently allows for two dwelling townhomes. This house was purchased as a two family dwelling. Neighbours have been using tandem parking for a while now and have not had issues. After reading the report and understanding the policy direction from the Province in Bill 23 and Bill 108, it is more appropriate for Council to deal with applications of this nature as a zoning by-law amendment. The application not meeting the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sean Wiley That application P/CA 11/23 by M. Nwobu, 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 12. Adjournment Moved by Sean Wiley Seconded by Denise Rundle That the 1st hearing of the 2023 Committee of Adjustment be adjourned at 9:04 pm and the next hearing of the Committee of Adjustment be held on Wednesday, February 8, 2023. Carried Unanimously __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer -18- Report to Committee of Adjustment Application Number: P/CA 13/23 Date: February 8, 2023 From: Cody Morrison Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 13/23 Highmark (Pickering) Inc. 1640 Kingston Road & 1964 Guild Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 7860/21, to permit: • an air vent associated with a parking structure to be located between the building and a street line (Kingston Road), whereas the By-law states stairs, stair enclosures and air vents associated with a parking structure are not permitted between the building and a street line; • an air vent constructed in association with a below grade parking structure to project a maximum of 1.2 metres above established grade, and no closer than 1.5 metres to a street line, whereas the By-law permits air vents constructed in association with a below grade parking structure to project to a maximum of 1.2 metres above established grade, but no closer than 4.0 metres to a street line; and • no building or part of a building, or structure shall be erected outside the building envelope as illustrated on Schedule II attached hereto (minimum 4.0 metre setback from the Kingston Road lot line at the southwesterly corner), whereas the By-law permits no building or part of a building, or structure shall be erected outside the building envelope as illustrated on Schedule II attached hereto (minimum 4.5 metre setback from the Kingston Road lot line at the southwesterly corner). The applicant requests approval of this minor variance application in order to obtain site plan approval for a 16-storey and 12-storey apartment building, connected by a 5-storey podium. 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 proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). -19- Report P/CA 13/23 February 8, 2023 Page 2 Comment Background The applicant has submitted a Site Plan Application (S 04/21) for the subject properties to facilitate a residential condominium development containing 346 dwelling units. The proposal consists of two towers, 16 and 12 storeys in height, connected by a 5-storey podium. During the review of the Site Plan Application, staff identified the noted zoning non-compliances. The requested variances are required for the applicant to obtain Final Site Plan Approval. Conforms to the Intent of the Official Plan The subject property is designated “Mixed Use Areas - Mixed Corridor” and “Freeways & Major Utilities – Potential Multi-Use Areas" within the Village East Neighbourhood. The proposed development is located entirely within the “Mixed Use Areas - Mixed Corridor” designation. Mixed Use areas are intended to have the widest variety of uses and highest concentration of activity in the City. Residential apartments are permitted within this designation. The lands are also subject to a site specific Official Plan Amendment permitting a maximum residential density of 350 units per net hectare and maximum floor space index of 2.53 to facilitate the proposed development. Conforms to the Intent of the Zoning By-law The subject property is zoned “(H)RHII-5” and “OS”, under Zoning By-law 3036, as amended by By-law 7860/21. The proposed development is located entirely within the “(H)RHII-5” zone. The site-specific zoning by-law includes standards which restrict the location of air vents associated with underground parking garages and establishes a build-to-zone to restrict the location of a building on the subject lands. Air Vent Variances The intent of the provisions restricting the location of the air vents associated with below grade parking structures is to minimize the visual impact on the public realm and to ensure adequate space is provided for exterior maintenance. The proposed development is located on a corner lot with two street frontages (Kingston Road and Guild Road). The applicant has advised that an air vent must be located at each corner of the below grade parking structure to ensure adequate ventilation of the underground garage. As such, any placement of the air vent at the southeast corner of the proposed building will be located between the building and a streetline, resulting in non-compliance with the site-specific zoning by-law. The applicant has also requested to reduce the setback of the air vent to a streetline from 4.0 metres to 1.5 metres. -20- Report P/CA 13/23 February 8, 2023 Page 3 In order to minimize the visual impact of the air vent on the streetscape, the applicant has proposed significant landscaping plantings immediately to the south and east of the proposed air vent (refer to Exhibit 5 & 6). Staff are satisfied that appropriate screening will be provided through on-site plantings proposed by the applicant, which will be secured through the site plan approval process. The proposed air vent will be located namely at grade and will maintain a minimum setback of 1.5 metres from the nearest lot line. The air vent will be located directly beside the main wall of the building to maximum the setback from the public right-of way. The proposed setback will provide adequate space for maintenance of the air vent and surrounding landscape plantings. Staff is of the opinion that the requested variance meets the intent of the Zoning By-law. Building Envelop Variance The intent of establishing a building envelop is to ensure buildings are appropriately setback from streets and adjacent uses. The applicant has requested to reduce the minimum building envelope setback from the Kingston Road lot line at the southwesterly corner from 4.5 metres to 4.0 metres. The setback reduction in this location is a result of the 1.0 metre road widening required by the Region of Durham along the south property boundary. The conveyance of land will reduce the setback to the proposed building, however the buildings location and footprint has not changed and is consistent with the building envelop established through the site-specific zoning by-law. As such, staff is of the opinion that the requested variance maintains the intent of the Zoning By-Law. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances to permit the proposed air vent location in the southeast corner of the proposed development is necessary to ensure adequate ventilation of the below grade parking structure. The applicant has demonstrated through the submission of landscape plans, that appropriate landscaping can be provided for screening of the vent, minimizing any negative visual impact on the streetscape. The air vent has been located to maximize its setback from the south and east property lines and the proposed setback of 1.5 metres will provide for sufficient space for maintenance and landscaping. The requested variance to reduce the setback at the southwesterly corner of the building envelope represents a 0.5 metre change and is required solely as a result of a Regional Road widening. The road widening will effectively move the south property line further north and closer to the established building envelope. However, the location of the proposed building has not changed and is consistent with the limits of the building envelop established through the site-specific zoning by-law. Staff is of the opinion that the requested variances are desirable for the appropriate development of land and are minor in nature. -21- Report P/CA 13/23 February 8, 2023 Page 4 Input From Other Sources Applicant • The subject site has frontages onto two streets, various iterations of the air vent placements discussed with City staff and none of which would fully comply with the zoning provisions. The minor variances are requested to permit the air vent in the original location as it has the ability to provide appropriate landscaping and have the vent fully screened. Engineering Services • Screening of the air vent, in the form of either an architectural or landscape feature, will be required with the site plan application (S 04/21). Building Services • No concerns. Public Input • As of the date of writing this report, no public submissions are received. Date of report: February 2, 2023 Comments prepared by: Ziya Cao Cody Morrison Planner I Principal Planner, Development Review ZC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 13-23\7. Report\PCA 13-23 Report.docx Attachments -22- Kingston R o a d A v o n m o r e S q uar e D e n m a r Ro a d Finch Avenue Ro y a l R o a d Gu i l d R o a d Jay wi n Circ l e Alwin Circ l e Diana PrincessOf Wales Park Denmar Park BrockridgeCommunityPark Location MapFile:Applicant:Municipal Address: P/CA 13/23 Date: Jan. 27, 2023 Exhibit 1 ¯ Highmark (Pickering) Inc.1640 Kingston Road & 1964 Guild Road HydroLands SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 13-23\PCA13-23_LocationMap_v2.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment HydroLands HydroLands -23- 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 13 /2 3 Ap p l i c a n t : Hi g h m a r k ( P i c k e r i n g ) I n c . Mu n i c i p a l A d d r e s s : 16 4 0 K i n g s t o n R o a d & 1 9 6 4 G u i l d R o a d 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 : Ja n u a r y 1 9 , 2 0 2 3 -24- Ex h i b i t 3 Su b m i t t e d Si t e Pl a n (K i n g s t o n R o a d F r o n t a g e E x c e r p t ) Fi l e N o : P/ C A 13 /2 3 Ap p l i c a n t : Hi g h m a r k ( P i c k e r i n g ) I n c . Mu n i c i p a l A d d r e s s : 16 4 0 K i n g s t o n R o a d & 1 9 6 4 G u i l d R o a d FU L L SC 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 : Ja n u a r y 1 9 , 2 0 2 3 to p e r m i t a n a i r v e n t as s o c i a t e d w i t h a p a r k i n g st r u c t u r e t o b e l o c a t e d be t w e e n t h e b u i l d i n g a n d a st r e e t l i n e ( K i n g s t o n R o a d ) no b u i l d i n g o r p a r t o f a b u i l d i n g , o r st r u c t u r e s h a l l b e e r e c t e d o u t s i d e t h e bu i l d i n g e n v e l o p e a s i l l u s t r a t e d o n Sc h e d u l e II a t t a c h e d h e r e t o ( m i n i m u m 4. 0 me t r e s e t b a c k f r o m t h e K i n g s t o n R o a d lo t l i n e a t t h e s o u t h w e s t e r l y c o r n e r ) to p e r m i t a n a i r v e n t c o n s t r u c t e d i n as s o c i a t i o n w i t h a b e l o w g r a d e pa r k i n g s t r u c t u r e t o p r o j e c t a ma x i m u m o f 1 . 2 m e t r e s a b o v e es t a b l i s h e d g r a d e , a n d n o c l o s e r th a n 1 . 5 m e t r e s t o a s t r e e t l i n e -25- Ex h i b i t 4 Su b m i t t e d El e v a t i o n P l a n ( So u t h ) Fi l e N o : P/ C A 13 /2 3 Ap p l i c a n t : Hi g h m a r k ( P i c k e r i n g ) I n c . Mu n i c i p a l A d d r e s s : 16 4 0 K i n g s t o n R o a d & 1 9 6 4 G u i l d R o a d 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 : Ja n u a r y 1 9 , 2 0 2 3 Pr o p o s e d Lo c a t i o n o f Ai r V e n t -26- Ex h i b i t 5 Su b m i t t e d La n d s c a p e P l a n ( So u t h ea st A i r V e n t L o c a t i o n E x c e r p t ) Fi l e N o : P/ C A 13 /2 3 Ap p l i c a n t : Hi g h m a r k ( P i c k e r i n g ) I n c . Mu n i c i p a l A d d r e s s : 16 4 0 K i n g s t o n R o a d & 19 6 4 G u i l d R o a d 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 : Ja n u a r y 3 0 , 2 0 2 3 Ki n g s t o n R o a d Pr o p o s e d Ai r V e n t Lo c a t i o n -27- Ex h i b i t 6 Su b m i t t e d So u t h El e v a t i o n ( So u t h ea st A i r V e n t L o c a t i o n ) Fi l e N o : P/ C A 13 /2 3 Ap p l i c a n t : Hi g h m a r k ( P i c k e r i n g ) I n c . Mu n i c i p a l A d d r e s s : 16 4 0 K i n g s t o n R o a d & 1 9 6 4 G u i l d R o a d 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 : Ja n u a r y 3 0 , 2 0 2 3 -28- Report to Committee of Adjustment Application Number: P/CA 14/23 Date: February 8, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 14/23 G. Belcastro 781 Oliva Street Application The applicant requests relief from Zoning By-law 2520, to permit: • a minimum front yard setback of 7.0 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; • a covered platform and associated steps not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into the required front yard, whereas the By- law 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; • an uncovered platform and associated steps not exceeding 1.0 metres in height above grade and not projecting more than 2.9 metres into the 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; • a covered platform and associated steps not exceeding 1.25 metres in height above grade and not projecting more than 4.2 metres into the required rear 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 rear yard; • a second floor uncovered balcony with a minimum rear yard setback of 7.2 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres; • uncovered steps and platform not exceeding 1.25 metres in height above grade and not projecting more than 2.3 metres into the required rear 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 rear yard; • a maximum lot coverage of 38.5 percent, whereas the By-law requires a maximum lot coverage of 33.0 percent; and • to permit a main building on a corner lot with its main front entrance facing the front of such lot, with a minimum lot flankage width of 3.0 metres, whereas the By-law requires a main building on a corner lot with its main front entrance facing the front of such lot, with a minimum lot flankage width of 4.5 metres. The applicant requests approval of these variances in order to obtain a building permit for an addition to a detached dwelling. -29- Report P/CA 14/23 February 8, 2023 Page 2 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 not to meet the four tests, and therefore recommends Refusal 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, 5, 6, 7, 8, 9 & 10). Background In March 2021, the Committee of Adjustment approved P/CA 17/21 allowing a 35 percent lot coverage, a 3.0 metre flankage yard depth, and a rear yard deck with steps. The decision of the Committee was appealed to the Ontario Land Tribunal (OLT). On September 21, 2021, the appeal was dismissed by the OLT and authorized the variances approved by the Committee of Adjustment. On August 6, 2021, prior to the issuance of the OLT order dismissing the appeal, the owner was issued a building permit for an accessory dwelling unit in the basement, as well as a second-storey addition above the existing one-storey bungalow (refer Exhibit 6). On January 4, 2023, the owner submitted a Building Permit Application to permit a two-storey extension into the south side yard. Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential – Low Density Area” within the West Shore neighbourhood. Residential uses including single detached dwellings are permitted under the Urban Residential designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “R4” – Single Detached, Fourth Density, under Zoning By-law 2520. A detached dwelling is permitted within the lands zoned as “R4”. Lot Coverage Variance The intent of maximum lot coverage is to ensure the property has sufficient area uncovered by structures to accommodate usable amenity area, adequate drainage and landscaping. The “R4” zone permits a maximum lot coverage of 33 percent for all covered structures including stairs and decks. Approval of P/CA 17/21 increased the maximum lot coverage for the subject property to 35 percent. -30- Report P/CA 14/23 February 8, 2023 Page 3 The applicant is now requesting a maximum lot coverage of 38.5 percent to accommodate revised plans proposing a covered front yard porch and rear yard deck, and projected front wall and rear facing balcony. The proposed dwelling without the covered porch and deck has a total lot coverage of 35.5 percent, while the covered porch and deck make up an additional 3.0 percent of the total lot coverage. Staff is of the opinion that the requested variance to lot coverage accommodating the projected front and rear facing walls maintains the intent of the Zoning By-law. However, the increased lot coverage of 38.5 required for the dwelling and the covered porches and decks is not in keeping with existing lot coverage in the immediate area, will reduce the permeability of the lot, and does not maintain the intent of the Zoning By-law. Front Yard Setback Variance 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, to maintain a consistent lotting pattern with abutting properties to mitigate views and privacy concerns, and to accommodate parking in the driveway. In the area of the garage, a proposed front yard setback of 7.0 metres from the front lot line is proposed, whereas the By-law requires a 7.5 metre setback. The proposed 7.0 metre setback is requested to permit a projected garage to accommodate storage. There remains sufficient space in front of the garage to permit a minimum 6.0 metre driveway accommodating one parking space. In addition, there is sufficient room between the front wall of the proposed dwellings to the front lot line for front yard landscaping, and amenity space. City staff is of the opinion that the variance to the front yard setback conforms to the intent of the Zoning By-law. Projection of Covered Platform and Associated Steps into Front and Rear Yard Variance The proposed dwelling has a total of four entrances, each accompanied with a platform and associated steps. Front Yard 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 structures and the boulevard/street activity, and to ensure an adequate landscaped area within the front yard is provided. The applicant has proposed an uncovered porch with steps that projects 2.9 metres into the required front yard with a height of 0.76 of a metre, which allows approximately 4.6 metres of landscaped area between the associated steps and the front property line. It should be noted that the uncovered platform complies with the permitted encroachment of 1.5 metres, however, the steps leading to the porch are encroaching into the required front yard by an additional 1.32 metres. City staff are of the opinion that this requested variance conforms to the intent of the Zoning By-law. The applicant has proposed a second entrance along the front face of the dwelling containing a covered porch with steps. The porch complies with the encroachment and height provisions. As the By-law permits only uncovered porches, a variance is required to permit a covered porch. It is noted that uncovered porches are not included in the calculation of coverage while covered porches are included in lot coverage calculations. -31- Report P/CA 14/23 February 8, 2023 Page 4 City staff is of the opinion that the requested variance to permit the covered porch does not conform to the intent of the Zoning By-law. Rear Yard Both rear yard decks with associated steps count towards the total usable amenity space in the rear yard. Both decks leave approximately 4.8 metres of landscaped area between the edge of the decks and the rear property line. They are required to safely access the rear yard. The proposed setback adequately supplies space between neighbouring buildings and maintains landscaped area in the rear yard. 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 rear yard is to protect the privacy of abutting properties. The applicant has proposed a covered deck with steps that projects 2.8 metres into the required rear yard, with a height of approximately 1.2 metres above grade. Due to a slight slope of the property grading, the applicant is unable to construct a deck and maintain the 1.0 metre permitted height. Engineering Services has commented that the applicant is to ensure increased lot coverage and any reduced setbacks do not adversely affect the drainage patterns within the lots and surrounding area. City staff is of the opinion that the requested variance for the covered deck does not maintain the intent of the Zoning By-law, as it may impact the drainage of the lot. Furthermore, the applicant has proposed an additional uncovered deck with steps along the rear face of the dwelling along the northern portion of the rear wall. The uncovered porch encroaches 2.3 metres into the rear yard with a height of 1.2 metres above grade. City staff is of the opinion that the uncovered deck with steps maintains the intent of the Zoning By-law. Rear Yard Setback Variance The intent of a minimum rear yard setback of 7.5 metres is to protect the privacy of abutting properties and to maintain sufficient outdoor amenity space within the rear yard. The proposed second storey balcony is setback 7.21 metres from the rear property line and located off the second floor on the southern portion of the rear wall reducing impact of views. City staff is of the opinion that the requested variance conforms to the intent of the Zoning By-law. Flankage Side Yard Variance 781 Oliva Street is a corner lot with the southerly lot line flanking onto Breezy Drive. The intent of the minimum flankage yard setback of 4.5 metres is to provide an adequate separation distance between buildings and the flanking street activity, and to provide an adequate landscaped area. The 3.0 metre setback along with the generous existing boulevard along Breezy Drive provides adequate separation distance between the single detached dwelling and the flanking street activity. City staff is of the opinion that the requested variance conforms to the intent of the Zoning By-law. -32- Report P/CA 14/23 February 8, 2023 Page 5 Desirable for the Appriopriate Development of the Land and Minor in Nature Overall, the variances pertaining to the dwelling which include a reduced flankage depth, front yard projection to accommodate a garage, and rear yard projection of the balcony are desirable for the appropriate development of the land and are minor in nature. The increase in lot coverage may increase the impervious surface and impact drainage of the lot. The front covered porch and rear covered deck with associated steps increases the total lot coverage. Staff are of the opinion that the requested variances to permit a 38.5 percent lot coverage combined with the number of variances requested are not desirable for the appropriate development of the land and are not minor in nature. Input From Other Sources Applicant • Requesting relief from By-law to allow for proper insulation, fire separation, and to construct a covered rear yard deck which contributes towards lot coverage. Engineering Services • Ensure increased lot coverage and any reduced setbacks (if approved with this application) do not adversely affect the drainage patterns within the lots and surrounding area. Multiple Low Impact Development measures (such as infiltration galleries with downspout connections, rain gardens and 450mm topsoil) will be required at the Building Permit stage. Building Services • No concerns from Building Services. Public Input • Residents of 782 and 784 Oliva Street, and 748 Breezy Drive have reviewed the site plan and are not in support of the work that is planned on the property. Date of report: February 2, 2023 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration KY:jc \\Fs\planning\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 14-23\7. Report\PCA 14-23 - Report.doc Attachments -33- VistulaDrive Sa n o k D r i v e P a r k C r e s c ent We s t S h o r e B o u l e v a r d Ti m m i n s G a r d e n s BreezyDrive Vicki Drive Ba t o r y A v e n u e Oklahoma Drive Ch i p m u n k S t r e e t Gr e y c o a t L a n e Breda Avenue Samford Lane Lynx Avenue Hillcrest Road Bayshore Court Mark s bury Road Vi c t o r y D r i v e Cecylia Court Moretta Avenue Le a s i d e S t r e e t Ye r e m i S t r e e t Mink Avenue Ol i v a S t r e e t Ess a C r e s c e n t BruceHanscombePark GlenRavinePark Frenchman's BayPublic School Location MapFile:Applicant:Municipal Address: P/CA 14/23 Date: Jan. 05, 2023 Exhibit 1 ¯ E G. Belcastro781 Oliva Street SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 14-23\PCA14-23_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -34- Exhibit 2 Submitted Site Plan (Revised) File No: P/CA 14/23 Applicant: G. Belcastro Municipal Address: 781 Oliva Street CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Jan. 24, 2023 to permit a covered platform and associated steps not exceeding 1.25 metres in height above grade and not projecting more than 4.2 metres into the required rear yard to permit a second floor uncovered balcony with a minimum rear yard setback of 7.2 metres to permit a main building on a corner lot with its main front entrance facing the front of such lot, with a minimum lot flankage width of 3.0 metres to permit a covered platform and associated steps not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into the required front yard to permit a minimum front yard setback of 7.0 metres to permit uncovered steps and platform not exceeding 1.25 metres in height above grade and not projecting more than 2.3 metres into the required rear yard to permit an ucovered platform and associated steps not exceeding 1.0 metres in height above grade and not projecting more than 2.9 metres into the required front yard to permit a maximum lot coverage of 38.5 percent -35- Exhibit 3 Submitted Site Plan (Revised) File No: P/CA 14/23 Applicant: G. Belcastro Municipal Address: 781 Oliva Street CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Jan. 24, 2023 Oliva Street Br e e z y D r i v e -36- Ex h i b i t 4 Su b m i t t e d So u t h El e v a t i o n Pl a n (R e v i s e d ) Fi l e N o : P/ C A 14 / 2 3 Ap p l i c a n t : G . B e l c a s t r o Mu n i c i p a l A d d r e s s : 78 1 O l i v a S t r e e 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 Co p i e s o f t h i s P l a n . Da t e : Ja n . 2 4 , 2 0 2 3 -37- Ex h i b i t 5 Su b m i t t e d No r t h El e v a t i o n Pl a n (R e v i s e d ) Fi l e N o : P/ C A 14 / 2 3 Ap p l i c a n t : G . B e l c a s t r o Mu n i c i p a l A d d r e s s : 78 1 O l i v a S t r e e 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 Co p i e s o f t h i s P l a n . Da t e : Ja n . 2 4 , 2 0 2 3 -38- Ex h i b i t 6 Su b m i t t e d Fr o n t El e v a t i o n Pl a n (R e v i s e d ) Fi l e N o : P/ C A 14 / 2 3 Ap p l i c a n t : G . B e l c a s t r o Mu n i c i p a l A d d r e s s : 78 1 O l i v a S t r e e 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 : Ja n . 2 4 , 2 0 2 3 Ex i s t i n g D w e l l i n g -39- Ex h i b i t 7 Su b m i t t e d Re a r El e v a t i o n Pl a n (R e v i s e d ) Fi l e N o : P/ C A 14 / 2 3 Ap p l i c a n t : G . B e l c a s t r o Mu n i c i p a l A d d r e s s : 78 1 O l i v a S t r e e 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 of t h i s P l a n . Da t e : Ja n . 2 4 , 2 0 2 3 -40- Exhibit 8 Submitted Basement Floor Plan File No: P/CA 14/23 Applicant: G. Belcastro Municipal Address: 781 Oliva Street CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Feb. 2 2023 Oliva Street Br e e z y D r i v e -41- Exhibit 9 Submitted Ground Floor Plan File No: P/CA 14/23 Applicant: G. Belcastro Municipal Address: 781 Oliva Street CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Feb. 2 2023 Oliva Street Br e e z y D r i v e -42- Exhibit 10 Submitted Floor Plan File No: P/CA 14/23 Applicant: G. Belcastro Municipal Address: 781 Oliva Street CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Feb 2, 2023 Oliva Street Br e e z y D r i v e -43- Report to Committee of Adjustment Application Number: P/CA 15/23 Date: February 8, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 15/23 D. Vuong & T. Vu 1800 Liatris Drive Application The applicant requests relief from Zoning By-law 3037, as amended by By-law 7020/10, to permit an existing sunroom with a minimum rear yard depth of 4.2 metres, whereas the By-law requires a minimum rear yard depth of 7.0 metres. The applicant requests approval of this variance application in order to obtain a building permit to permit an existing sunroom addition (12.5 square metres) in the rear yard. Recommendation For your information, and based solely upon 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 existing sunroom addition, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). Background In 2017, the applicant applied for a minor variance to permit a sunroom addition in the rear yard. The Committee of Adjustment approved the application with a condition that the applicant must obtain a building permit by October 4, 2019, or the variance will become null & void. The applicant built the sunroom addition without the benefit of a building permit. In January 2023, the applicant was informed by City staff to apply for a building permit for the existing sunroom addition. -44- Report P/CA 15/23 February 8, 2023 Page 2 Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential – Medium Density Areas” within the Duffin Heights Neighbourhood. Residential uses including Single Detached dwellings are permitted under the Urban Residential designation. The subject property is subject to the Duffin Heights Development Guidelines. It appears the existing sunroom maintains the intent and purpose of the Duffin Heights Development Guidelines. Conforms to the Intent of the Zoning By-law The subject property is zoned “S-SD-SA-3” under Zoning By-law 3037, as amended by By-law 7020/10. Single detached dwelling is a permitted use. The intent of the minimum rear yard depth is to ensure adequate amenity space is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow appropriate access for maintenance, lot grading and drainage. The By-law requires a minimum rear yard depth of 7.0 metres, and permits a maximum lot coverage of 15.0 square metres for accessory structures on a lot. The applicant requires a minimum rear yard depth of 4.2 metres to accommodate the existing 12.5 square metre sunroom addition. The sunroom has been constructed on a small portion of the overall rear yard, on top of an existing rear deck; thereby maintaining an adequate amount of rear yard amenity space on the subject property. The sunroom is appropriate for the site and would not have any negative impacts on the adjacent properties. Desirable for the Appriopriate Development of the Land and Minor in Nature The sunroom is an existing structure that was previously approved by the Committee of Adjustment. The requested variance is minor in nature, desirable for the appropriate development of the land and maintains the purpose and intent of the Official Plan and Zoning By-law. Input From Other Sources Applicant •The existing three season sunroom was constructed in 2020 and the back yard offset could not be increased by any mean. The sunroom was constructed without the issuance of a Building Permit. Engineering Services •Ensure the reduced rear yard setback does not adversely affect the drainage patterns within the lot and surrounding area. Building Services •Sunroom addition has been constructed without the benefit of a building permit. Application is on hold until zoning has been resolved. -45- Report P/CA 15/23 February 8, 2023 Page 3 Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: February 1, 2023 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration KY:jc \\Fs\planning\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 15-23\7. Report\PCA 15-23 Report - Updated.doc Attachments -46- ev i r D n o s k c a J m a i l l W i Misthollow Drive en a L y n n e P L i a t r i s D r i v e Hayden Lane Kalmar Avenue CreeksidePark Park hurst Crescent Exhibit 1 Location MapFile:P/CA 15/22Applicant:Municipal Address:Date: Jan. 11, 2023 E ¯ D. Vuong & T. Vu1800 Liatris Drive SubjectLands City Development © The Corporation of the City of Pickering Produced (in part) under license from: Department © 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 Property 1:4,000Assessment Corporation and its suppliers. All rights reserved.TSHISC ISA NLOTE A: PLAN OF SURVEY. L:\PLANNING\01-MapFiles\PCA\2023\PCA 15-23\PCA15-23_LocationMap.mxd -47- 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 15 / 2 3 Ap p l i c a n t : D. V uo n g & T . V u Mu n i c i p a l A d d r e s s : 18 0 0 L i a t r i s Dr i v e Co n t a c t T h e C i t y o f P i c k e r i n g C i t y D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : Ja n u a r y 2 5 , 2 0 2 3 4. 2 m e t r e s exi s t i n g s u n r o o m to p e r m i t a r e a r y a r d se t b a c k o f 4 . 2 m e t r e s 3. 8 me t r e s -48- Ex h i b i t 3 Su b m i t t e d No r t h a n d E a s t E l e v a t i o n Pl a n s Fi l e N o : P/ C A 15 / 2 3 Ap p l i c a n t : D. V uo n g & T . V u Mu n i c i p a l A d d r e s s : 18 0 0 L i a t r i s D r i v e Co n t a c t T h e C i t y o f P i c k e r i n g C i t y D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l Co p i e s o f t h i s P l a n . Da t e : Ja n u a r y 2 5 , 2 0 2 3 -49-