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HomeMy WebLinkAboutApril 12, 2023 Committee of Adjustment Agenda Hearing Number: 4 Date: Wednesday, April 12, 2023 pickering.ca Agenda Committee of Adjustment Wednesday, April 12, 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. Disclosure of Interest 2. Adoption of Agenda 3. Adoption of Minutes from March 8, 2023 hearing 1-6 4. Reports 4.1 P/CA 16/23 – Sandy Beach Road 7-16 4.2 P/CA 19/23 – 572 Maitland Drive 17-29 4.3 P/CA 21/23 – 2805 Seventh Concession Road 30-36 4.4 P/CA 22/23 – 2775 Peter Matthews Drive 37-43 5. Adjournment Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 1 of 6 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 Jasmine Correia, Assistant Secretary-Treasurer Kerry Yelk, Planner I Ziya Cao, Planner I Absent Not applicable. 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the agenda for the Wednesday, March 8, 2023 hearing be adopted. Carried Unanimously 3. Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the minutes of the 2nd hearing of the Committee of Adjustment held Wednesday, February 8, 2023 be adopted. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 2 of 6 4. Reports 4.1 P/CA 17/23 A. & C. Nurse 707 Front Road The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21 & 7900/22, to permit: • a minimum south side yard of 0.6 of a metre, whereas the By-law requires where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.5 metres; • an accessory building (detached garage) with a maximum height of 4.7 metres in a residential zone, whereas the By-law requires no accessory building shall exceed a height of 3.5 metres in any residential zone; • a covered platform (porch) with associated steps not exceeding 1.0 metre in height above grade, and not projecting more than 2.5 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; • uncovered steps not exceeding 1.0 metre in height above grade, and not projecting more than 8.9 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. • main eaves not projecting more than 0.9 of a metre into the required (north) side yard, whereas the By-law requires main eaves, belt courses, chimney breasts, sills or cornices not projecting more than 0.5 of a metre into required yard; and • a minimum front yard setback of 8.6 metres, whereas the By-law requires the minimum front yard setback shall be equal to the shortest existing front yard setback of the dwellings on the immediately abutting lots (9.22 metres). The applicant requests approval of these variances in order to facilitate a building permit submission to construct a single detached dwelling with a detached garage Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 3 of 6 In support of the application, the applicant indicated that in order to minimize the impact of the garage, the homeowner intends to build a rear yard detached garage. The proposed reduced side yard is only to the supporting piers on the ground level and the wall of the Master Bedroom above on the upper level. Alex Muzanovic, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent stated the applicant will work with Engineering Services to ensure concerns regarding the reduced side yard are adequately addressed. The Committee was requested to keep in mind that the reason for objection of the side yard variance is due to an engineering concern and not zoning concerns. In terms of zoning for the side yard variance, there are a number of reduced side yards on Front Road. In terms of zoning, he believes the proposal is in keeping with the neighbourhood. In response to questions from Committee members, the agent acknowledged the applicant may need to receive written consent from the adjacent property owner to the south in order to have the swale sit on the lot line. The agent would like to avoid compressing the design based on the interior room layout, it is not desirable to his clients. The agent confirmed they are prepared to meet the requirements of the recommended third condition. The total gross floor area of the house including the basement is 5, 693 square feet. The two-storey garage in the rear yard will be used for household storage and the applicant is not willing to compromise on the height as it would not allow for appropriate space for storage. The adjacent houses are at a higher grade than the subject property therefore no visual impact should be expected. The garage will not have any plumbing, just electricity for the garage opener and lighting. In response to a Committee member offering a deferral to the next hearing to give time for the applicant to mitigate some of Engineering Services’ concerns, the agent explained he would like to proceed with this hearing because he believes zoning issues and engineering issues should be separate to this hearing. The agent understands if this proposal is approved as is, that some changes may need to happen at the building permit stage to satisfy Engineering. After considering the additional information provided by the agent and the report provided by the City Development Department, noting these variances pass the four tests of the Planning Act, that the setbacks will not have a negative impact the streetscape, and the established neighbourhood guildelines are meeting the primary requirements, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Denise Rundle with an amendment to Condition 2 Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 4 of 6 That application P/CA 17/23 by A. & C. Nurse, 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 the variances apply only to the proposed detached dwelling and detached garage as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7 & 8 contained in the staff report to the Committee of Adjustment, dated March 8, 2023). 2. That prior to the issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed within the minimum south side yard of 0.6 of a metre, and if required to address the Engineering Design Criteria that the drawings be revised to the satisfaction of Engineering Services. 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. Carried Unanimously 4.2 P/CA 18/23 Mattamy (Seaton) Limited 2973 Heartwood Lane (Lot 279 40M2734) The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit a maximum driveway width of 11.3 metres and tapered so that the maximum width is 6.0 metres at the streetline, for a lot that is greater than 15.0 metres, where the wall of a private garage containing the opening for vehicular access faces an interior side lot line, whereas the By-law permits a maximum driveway width of 7.5 metres and tapered so that the maximum width is 6.0 metres at the streetline for lots that are greater than 15.0 metres, where the wall of a private garage containing the opening for vehicular access faces an interior side lot line. The applicant requests approval of this minor variance application in order to obtain a building permit for a two-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 5 of 6 In support of the application, the applicant identified this minor variance is required because this lot is uniquely shaped and poses a challenge to fit the “standard” driveway. Andrew Scott, 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 member, the agent confirmed the homes in the immediate neighbourhood are vacant. The ravine and woodlands behind the subject property will remain a natural feature and will not be developed. Given that no comments were received in response to this application and that the requested variance meets the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 18/23 by Mattamy (Seaton) Limited, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following conditions: 1. That this variance 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 March 8, 2023). 2. That prior to issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed. Carried Unanimously 5. Adjournment Moved by Rick Van Andel Seconded by Omar Ha-Redeye That the 3rd hearing of the 2023 Committee of Adjustment be adjourned at 7:29 pm and the next hearing of the Committee of Adjustment be held on Wednesday, April 12, 2023. Carried Unanimously Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 6 of 6 __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 1 of 6 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 Jasmine Correia, Assistant Secretary-Treasurer Kerry Yelk, Planner I Ziya Cao, Planner I Absent Not applicable. 1.Disclosure of Interest No disclosures of interest were noted. 2.Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the agenda for the Wednesday, March 8, 2023 hearing be adopted. Carried Unanimously 3.Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the minutes of the 2nd hearing of the Committee of Adjustment held Wednesday, February 8, 2023 be adopted. Carried Unanimously -1- Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 2 of 6 4.Reports 4.1 P/CA 17/23 A. & C. Nurse 707 Front Road The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21 & 7900/22, to permit: •a minimum south side yard of 0.6 of a metre, whereas the By-law requires where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.5 metres; •an accessory building (detached garage) with a maximum height of 4.7 metres in a residential zone, whereas the By-law requires no accessory building shall exceed a height of 3.5 metres in any residential zone; •a covered platform (porch) with associated steps not exceeding 1.0 metre in height above grade, and not projecting more than 2.5 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; •uncovered steps not exceeding 1.0 metre in height above grade, and not projecting more than 8.9 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. •main eaves not projecting more than 0.9 of a metre into the required (north) side yard, whereas the By-law requires main eaves, belt courses, chimney breasts, sills or cornices not projecting more than 0.5 of a metre into required yard; and •a minimum front yard setback of 8.6 metres, whereas the By-law requires the minimum front yard setback shall be equal to the shortest existing front yard setback of the dwellings on the immediately abutting lots (9.22 metres). The applicant requests approval of these variances in order to facilitate a building permit submission to construct a single detached dwelling with a detached garage Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. -2- Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 3 of 6 In support of the application, the applicant indicated that in order to minimize the impact of the garage, the homeowner intends to build a rear yard detached garage. The proposed reduced side yard is only to the supporting piers on the ground level and the wall of the Master Bedroom above on the upper level. Alex Muzanovic, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent stated the applicant will work with Engineering Services to ensure concerns regarding the reduced side yard are adequately addressed. The Committee was requested to keep in mind that the reason for objection of the side yard variance is due to an engineering concern and not zoning concerns. In terms of zoning for the side yard variance, there are a number of reduced side yards on Front Road. In terms of zoning, he believes the proposal is in keeping with the neighbourhood. In response to questions from Committee members, the agent acknowledged the applicant may need to receive written consent from the adjacent property owner to the south in order to have the swale sit on the lot line. The agent would like to avoid compressing the design based on the interior room layout, it is not desirable to his clients. The agent confirmed they are prepared to meet the requirements of the recommended third condition. The total gross floor area of the house including the basement is 5, 693 square feet. The two-storey garage in the rear yard will be used for household storage and the applicant is not willing to compromise on the height as it would not allow for appropriate space for storage. The adjacent houses are at a higher grade than the subject property therefore no visual impact should be expected. The garage will not have any plumbing, just electricity for the garage opener and lighting. In response to a Committee member offering a deferral to the next hearing to give time for the applicant to mitigate some of Engineering Services’ concerns, the agent explained he would like to proceed with this hearing because he believes zoning issues and engineering issues should be separate to this hearing. The agent understands if this proposal is approved as is, that some changes may need to happen at the building permit stage to satisfy Engineering. After considering the additional information provided by the agent and the report provided by the City Development Department, noting these variances pass the four tests of the Planning Act, that the setbacks will not have a negative impact the streetscape, and the established neighbourhood guildelines are meeting the primary requirements, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Denise Rundle with an amendment to Condition 2 -3- Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 4 of 6 That application P/CA 17/23 by A. & C. Nurse, 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 the variances apply only to the proposed detached dwelling and detached garage as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7 & 8 contained in the staff report to the Committee of Adjustment, dated March 8, 2023). 2. That prior to the issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed within the minimum south side yard of 0.6 of a metre, and if required to address the Engineering Design Criteria that the drawings be revised to the satisfaction of Engineering Services. 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. Carried Unanimously 4.2 P/CA 18/23 Mattamy (Seaton) Limited 2973 Heartwood Lane (Lot 279 40M2734) The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit a maximum driveway width of 11.3 metres and tapered so that the maximum width is 6.0 metres at the streetline, for a lot that is greater than 15.0 metres, where the wall of a private garage containing the opening for vehicular access faces an interior side lot line, whereas the By-law permits a maximum driveway width of 7.5 metres and tapered so that the maximum width is 6.0 metres at the streetline for lots that are greater than 15.0 metres, where the wall of a private garage containing the opening for vehicular access faces an interior side lot line. The applicant requests approval of this minor variance application in order to obtain a building permit for a two-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. -4- Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 5 of 6 In support of the application, the applicant identified this minor variance is required because this lot is uniquely shaped and poses a challenge to fit the “standard” driveway. Andrew Scott, 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 member, the agent confirmed the homes in the immediate neighbourhood are vacant. The ravine and woodlands behind the subject property will remain a natural feature and will not be developed. Given that no comments were received in response to this application and that the requested variance meets the four tests of the Planning Act, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 18/23 by Mattamy (Seaton) Limited, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following conditions: 1. That this variance 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 March 8, 2023). 2. That prior to issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed. Carried Unanimously 5. Adjournment Moved by Rick Van Andel Seconded by Omar Ha-Redeye That the 3rd hearing of the 2023 Committee of Adjustment be adjourned at 7:29 pm and the next hearing of the Committee of Adjustment be held on Wednesday, April 12, 2023. Carried Unanimously -5- Committee of Adjustment Hearing Minutes Wednesday, March 8, 2023 7:00 pm Electronic Hearing Page 6 of 6 __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer -6- Report to Committee of Adjustment Application Number: P/CA 16/23 Date: April 12, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 16/23 Triovest Sandy Beach Holdings Limited Sandy Beach Road (Concession BF Range 3 South Part Lot 20) Application The applicant requests relief from Zoning By-law 2511, as amended, to permit: • notwithstanding the office and industrial parking requirements, the minimum parking requirement for the proposed building shall be 1 space per 142 square metres of gross floor area, whereas the By-law requires a minimum parking requirement for an industrial use shall be 1 space per 56 square metres of gross floor area; and • side yard parking no closer than 1.5 metres from the (east) side lot line and 0.5 of a metre on the (west) side lot line, whereas the By-law requires side yard parking to be permitted no closer than 1.5 metres from the side lot line on one side and 7.5 metres on the other side. The applicant requests approval of this minor variance application in order to facilitate the construction of a one-storey industrial warehouse building with a gross floor area of 25,100 square metres. 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 subject property, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). Background In 2021, the applicant submitted Site Plan Application S 07/21 to facilitate the development of the land for a one-storey, 25,100 square metre industrial warehouse building with a total of 177 surface parking spaces. Access to the site is proposed by a new municipal road extension -7- Report P/CA 16/23 April 12, 2023 Page 2 from Dillingham Road. No vehicular access is proposed from Sandy Beach Road. The Natural Heritage Area (Exhibit 3), plus the associated 10.0 metre wide buffer will be conveyed to the City of Pickering to maintain the natural features. The City consulted with the surrounding neighbourhood through a virtual public open house held on March 8, 2022. 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. Comment Conforms to the Intent of the Official Plan The subject property is designated “Natural Area” and “Prestige Employment” within the Bay Ridges Neighbourhood. The proposed warehouse is entirely located within the “Prestige Employment” designation. Industrial uses including warehousing, light manufacturing, assembly and processing of goods, and office uses are permitted within the Prestige Employment designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “M1”, under Zoning By-law 2511. Light Manufacturing, Offices, and Warehouse are permitted uses within the Storage & Light Manufacturing Zone. Parking Requirement Variance The intent of regulating the minimum number of parking spaces is to ensure that parking demand can be accommodated on-site. The proposed building has a total area of 25,100 square metres, including a total 994 square metres comprising of office space. The By-law requires a minimum parking of 1 parking space per 56 square metres of gross floor area of industrial use. Furthermore, the By-law requires a minimum of 5 parking spaces per 93 square metres of gross floor area for office uses. Therefore, the By-law requires 430 parking spaces for the warehouse use, and 54 parking spaces for the office use. The applicant has proposed a total of 177 parking spaces on site, deficient by 308 spaces as per the By-law 2511 requirements. In support of the proposed development and the reduction in parking spaces requested, the applicant submitted a Parking Justification Study prepared by Crozier & Associates. The proposed warehouse use was compared to the draft Comprehensive Zoning By-law parking requirements of 1.0 space per 100 m2 GLFA up to 2,000 m2 GLFA plus 0.5 spaces per 100 m2 GLFA over 2,000 m2 GLFA, and 3.5 spaces per 100m2 of office space. Under the draft Comprehensive Zoning By-law proposed parking ratio a total of 165 parking spaces would be required. Furthermore, the applicant expressed concerns that the requirement of 484 spaces will result in an oversupply of parking, which may impact storm water management and the overall functionality of the site. To further support the reduced parking supply, the Institute of Transportation (ITE) Parking Generation Manual 5th edition was used to estimate the peak parking demand. The outcome for small business office and warehouse use parking requirements resulted in a total of 130 parking -8- Report P/CA 16/23 April 12, 2023 Page 3 spaces required at peak times, which would result in a surplus of 47 spaces on site. The proposed development provides 177 parking spaces. According to the ITE Manual, a 47 parking space surplus is estimated during peak parking demand, which will provide sufficient parking on-site to accommodate employees and visitors. Furthermore, applying the draft Comprehensive Zoning By-law parking provisions, a total of 165 spaces would be required, less than what is proposed for the site. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Parking Space Setback Variance The applicant has proposed minimum side yard parking to be located 0.5 of a metre from the west side lot line, and minimum 1.5 metres from the east side lot line, whereas the By-law requires side yard parking to be setback a minimum 7.5 metres on one side and 1.5 metres on the other side. The intent of minimum setbacks for parking spaces is to minimize the visual impact of parking for adjacent lots, and to maintain an appropriate buffer between adjacent parking lots. The applicant has proposed a minimum 0.5 of a metre west side yard setback from the future boundary line for the conveyance of the western portion of the subject lands. The existing lands to the west of the development are generally comprised of natural heritage features. The applicant has worked with TRCA and City of Pickering to determine the appropriate natural hazard setback requirements. Furthermore, the applicant has proposed a 2.5 metre side yard setback from the east side yard lot line, which is setback beyond the minimum setback requirement of 1.5 metres. 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 proposed variances are desirable for the appropriate development of the land as the proposal is in keeping with the range of industrial uses within the Brock Industrial Neighbourhood and the Storage and Light Manufacturing Zone in Zoning By-law 2511. The reduced parking proposed will provide sufficient on-site parking to accommodate the peak demand of employees and visitors, and will have a minor impact on surrounding uses. The proposed parking spaces encroaching into the side yard parking setback requirements are a result of the required land conveyance, and will not result in a negative impact on the adjacent existing natural areas. Furthermore, the TRCA has worked with the applicant with siting the proposed development in a way that reduces the impact of the development on the adjacent Natural Heritage Area containing Significant Woodland and Wetland features. The existing natural area will act as a natural buffer between the existing residential and proposed industrial uses, which are over 40 metres apart. As such, the requested variances are desirable for the appropriate development of the land and are minor in nature. -9- Report P/CA 16/23 April 12, 2023 Page 4 Input From Other Sources Applicant •Refer to Planning Justification Letter and Parking Justification Study. Engineering Services •No comments. Building Services •No concerns. Public Input •No written submissions were received from the public as of the date of writing this report. Date of report: April 5, 2023 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Planner I KY:ld J:\Documents\Development\D-3700\2023\PCA 16-23\7. Report Attachments -10- Kr o s n o B o u l e v a r d Za t o r A v e n u e Colmar Avenue Alyssum Street Parkham Crescent Balaton Avenue Lu b l i n A v e n u e Bronwen Lane Sa n d y B e a c h R o a d Fel ds par Court R e y t a n B o ulevard Co r t e z A v e n u e Dillingham Ro a d BayridgesKinsmen ParkAlexRobertsonPark ParkhamParkette BiidaasigeMandaminPublic School Location MapFile:Applicant:Property Description: P/CA 16/23 Date: Mar. 27, 2023 Exhibit 1 ¯ Triovest Sandy Beach Holdings LimitedConcession BF Range 3 South Part Lot 20 HydroLands SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 16-23\PCA16-23_LocationMap_v2.mxd 1:5,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -11- Exhibit 2 Submitted Plan File No: P/CA 16/23 Applicant: Triovest Sandy Beach Holdings Limited Municipal Address: Concession BF Range 3 South Part Lot 20 CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: March 29, 2023 to permit side yard parking no closer than 2.5 metres from the (east) side lot line and 0.5 of a metre on the (west) side lot line notwithstanding the office and industrial parking requirements, the minimum parking requirement for the proposed warehouse shall be 1 space per 142 square metres of gross floor area -12- Exhibit 3 Submitted Plan File No: P/CA 16/23 Applicant: Triovest Sandy Beach Holdings Limited Municipal Address: Concession BF Range 3 South Part Lot 20 CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: March 29, 2023 Future Road Extension Proposed lot boundary Proposed Warehouse Building Proposed lands to be conveyed to City of Pickering Natural Heritage Area 10.0 metre Buffer 10.0 metre Buffer -13- Ex h i b i t 4 Su b m i t t e d No r t h E l e v a t i o n Fi l e N o: P /C A 1 6/ 2 3 Ap p l i c a n t : Tr i o v e s t S a n d y B e a c h H o l d i n g s L i m i t e d Mu n i c i p a l A d d r e s s : Co n c e s s i o n B F R a n g e 3 S o u t h P a r t L o t 2 0 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 : Ma r c h 2 9 , 2 0 2 3 -14- Ex h i b i t 5 Su b m i t t e d S o u t h El e v a t i o n Fi l e N o: P /C A 1 6/ 2 3 Ap p l i c a n t : Tr i o v e s t S a n d y B e a c h H o l d i n g s L i m i t e d Mu n i c i p a l A d d r e s s : Co n c e s s i o n B F R a n g e 3 S o u t h P a r t L o t 2 0 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 : Ma r c h 2 9 , 2 0 2 3 -15- Ex h i b i t 6 Su b m i t t e d Ea s t a n d W e s t El e v a t i o n s Fi l e N o: P /C A 16/ 2 3 Ap p l i c a n t : Tr i o v e s t S a n d y B e a c h H o l d i n g s L i m i t e d Mu n i c i p a l A d d r e s s : Co n c e s s i o n B F R a n g e 3 S o u t h P a r t L o t 20 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 : Ma r c h 2 9 , 2 0 2 3 Ea s t E l e v a t i o n W e s t El e v a t i o n -16- Report to Committee of Adjustment Application Number: P/CA 19/23 Date: April 12, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 19/23 W. & L. Paton 572 Maitland Drive Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18 and 7872/21, to permit a maximum lot coverage of 40 percent, whereas the By-law permits a maximum lot coverage of 33 percent. The applicant requests approval of this minor variance application in order to obtain a future building permit for a one-storey 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 conditions are recommended: 1. That this variance 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, 7 & 8). 2. That prior to the issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed. 3. That tree preservation plans and/or compensation for the tree loss be provided to the satisfaction of Engineering Services. Comment Background Infill & Replacement Housing By-laws: On September 27, 2021, City Council enacted the Infill and Replacement Housing in Established Neighbourhoods By-law 7874/21 (Infill By-law) to amend Zoning By-law 2511, to rezone all lands within the Established Neighbourhood Precincts to an “Established Neighbourhood Precinct Overlay Zone” category. The amending -17- Report P/CA 19/23 April 12, 2023 Page 2 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 property is subject to By-law 7874/21 and By-law 7902/22 (Infill By-laws). Staff have determined that the proposed dwelling would require variances to the Infill By-laws for maximum dwelling depth and lot coverage. However, due to the ongoing appeals, the Infill By-laws are not currently in force. As such, the City is required to issue a building permit for a dwelling that is in compliance with existing in force by-laws, but may not be in compliance with the Infill By-laws, which are not yet in force. The applicant has decided not to request variances to the Infill By-laws, and acknowledges that not requesting variances to the Infill By-laws at this time may result in non-compliance with the By-laws in the future, and building permit refusal and/or the requirement for further variances. Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential – Low Density Area” within the Rosebank Neighbourhood. Residential uses including detached dwellings are permitted within this designation. 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. Conforms to the Intent of the Zoning By-law The intent of the maximum lot coverage requirement is to the maintain an appropriate amount of yard space (for landscaping and amenity areas) uncovered by buildings on a lot, and to accommodate grading and drainage. The proposed dwelling (including the attached garage) accounts for approximately 40 percent of the lot coverage. The proposal will provide sufficient space for soft landscaping and outdoor amenity area, as a minimum front yard setback of 7.62 metres and a minimum rear yard setback of 16.64 metres will be maintained. A minimum setback of 1.52 metres are provided on the north and south side yards to ensure sufficient for grading and drainage. Desirable for the Appropriate Development of the Land and Minor in Nature The applicant has indicated that the proposal is limited to one-storey in height is to accommodate a family member with mobility issues. The increase in lot coverage is required to ensure adequate living space is provided on the ground floor. The dwelling has been designed to ensure a large rear yard setback is provided and the minimum required front yard setback -18- Report P/CA 19/23 April 12, 2023 Page 3 and side yard setbacks are maintained. Staff consider the size of the proposed dwelling to be appropriate relative to the size of the lot, and is of the opinion that the increase in lot coverage will not result in a great loss of yard space. Input From Other Sources Applicant •Family space requirements plus need for single floor house due to mobility issues. 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 amended soils) will be required at the Building Permit stage. A Stormwater Management Brief was approved with the previous Land Division application (LD 031/2021). The requirements of the Brief must be included with the Building Permit application. •The proposed house configuration is not consistent with the preliminary grading plan previously approved through the Land Division application (LD 031/2021). A number of trees were to be preserved on the lot, and the proposed design does not consider this tree preservation. •Tree preservation and/or compensation for tree loss through replanting or cash-in-lieu at the policy ratio and current rates must be addressed at the Building Permit Stage. Building Services •No concerns. Public Input •As of the date of writing this report, no public submissions are received. Date of report: April 5, 2023 Comments prepared by: Ziya Cao Planner I Deborah Wylie, MCIP, RPP Manager, Zoning & Administration ZC:ld J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 19-23\7. Report\PCA 19-23 Report.docx Attachments -19- Urban City of Pickering Established A 1 Appendix A Urban Design Guideline Checklist City of Pickering Established Neighbourhood Precincts Urban Design Checklist Please note, if you mark “no” below please provide your rational in the adjacent “Comments” section either supporting, or not supporting the proposal. Yes No Comments x 1. Is the proposed dwelling height and roof pitch similar/compatible with the surrounding dwellings? (see Section 2.1: Guideline 1) 2. If the proposed new dwelling is significantly taller than an existing adjacent house, does the roof of the proposed new dwelling slope away from the existing adjacent house? (see Section 2.1: Guideline 2) Proposed dwelling is shorter than existing adjacent house. x 3. Is the maximum elevation of the Front Entrance 1.2 metres, or less, above grade? (see Section 2.2: Guideline 1) x 4. Is the main entrance visible from the street? (see Section 2.2: Guideline 2) x 5. Are the stairs to the main entrance designed as an integral component of the front façade? (Section 2.2: Guideline 7) x 6. Does the design of the front entrance reduce the visual dominance of the garage and driveway? (see Section 2.2: Guideline 9) x 7. Does the proposed dwelling have a similar Dwelling Depth to the adjacent dwellings along the street? (see Section 2.3: Guideline 2) The proposed dwelling proposes a greater dwelling depth to accommodate living space in a one-storey dwelling x 8. Does the proposed dwelling have a similar Side Yard Setback to the adjacent dwellings along the street? (see Figure 15) -20- Appendix A Urban Design Checklist Cont’d Urban City of Pickering Established A 2 Yes No Comments x 9. Has shadow on adjacent dwellings been mitigated with greater Side Yard Setbacks? (Section 3.1: Guideline 2) x 10. Is the garage flush or recessed from the main front wall? (see Section 3.2: Guideline 5) Projecting garage is proposed; however garage doors faces the interior side yard x 11. Is the proposed driveway width the same as the permitted garage width? (see Section 3.3: Guideline 1) 12. Does the plan preserve existing trees? (see Section 4.1: Guideline 1) Unclear at this time -21- Ro s e b a n k R o a d Oa k w o o d D r i v e Pike Court Dahlia Crescent Staghorn Road Ma i t l a n d D r i v e Mcleod Crescent Location MapFile:Applicant:Municipal Address: P/CA 19/23 Date: Mar. 10, 2023 Exhibit 1 ¯ E W. & L. Paton572 Maitland Drive SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 19-23\PCA19-23_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: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -22- 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 19 /2 3 Ap p l i c a n t : W . & L . P a t o n Mu n i c i p a l A d d r e s s : 57 2 M a i t l a n d 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 : M a r c h 1 7 , 2 0 2 3 to p e r m i t a ma x i m u m l o t co v e r a g e o f 40 pe r c e n t on e -st o r e y br i c k an d st o n e d w e l l i n g , wi t h a t t i c r o o m ab o v e g a r a g e -23- 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 ( Ea s t a n d W e s t ) Fi l e N o : P/ C A 19 /2 3 Ap p l i c a n t : W . & L . P a t o n Mu n i c i p a l A d d r e s s : 57 2 M a i t l a n d 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 : M a r c h 1 7 , 2 0 2 3 Fr o n t E l e v a t i o n ( E a s t ) Re a r El e v a t i o n ( We st ) -24- 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 Fi l e N o : P/ C A 19 /2 3 Ap p l i c a n t : W . & L . P a t o n Mu n i c i p a l A d d r e s s : 57 2 M a i t l a n d 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 : Ma r c h 1 7 , 2 0 2 3 -25- 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 Fi l e N o : P/ C A 19 /2 3 Ap p l i c a n t : W . & L . P a t o n Mu n i c i p a l A d d r e s s : 57 2 M a i t l a n d 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 : Ma r c h 1 7 , 2 0 2 3 -26- Ex h i b i t 6 Su b m i t t e d Fl o o r P la n o n t h e G r o u n d F l o o r Fi l e N o : P/ C A 19 /2 3 Ap p l i c a n t : W . & L . P a t o n Mu n i c i p a l A d d r e s s : 57 2 M a i t l a n d 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 : M a r c h 1 7 , 2 0 2 3 -27- Ex h i b i t 7 Su b m i t t e d Fl o o r P l a n (B a s e m e n t ) Fi l e N o : P/ C A 19 /2 3 Ap p l i c a n t : W . & L . P a t o n Mu n i c i p a l A d d r e s s : 57 2 M a i t l a n d 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 : M a r c h 1 7 , 2 0 2 3 -28- Ex h i b i t 8 Su b m i t t e d Fl o o r P l a n ( At t i c ) Fi l e N o : P/ C A 19 /2 3 Ap p l i c a n t : W . & L . P a t o n Mu n i c i p a l A d d r e s s : 57 2 M a i t l a n d 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 : M a r c h 1 7 , 2 0 2 3 -29- Report to Committee of Adjustment Application Number: P/CA 21/23 Date: April 12, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 21/23 D. Ashton & M. Kontopodis 2805 Seventh Concession Road Application The applicant requests relief from Zoning By-law 3037, as amended by By-law 6577/05 to permit: • the keeping of livestock (horses) on an Agriculturally “A” zoned parcel of land that is two acres in size, whereas the keeping of livestock shall be prohibited in any zone, except on Agriculturally "A" zoned parcels of land of more than five acres in size. • accessory structures in association with the raising of horses to be erected in the west side yard, whereas all accessory buildings which are not part of the main building shall be erected in the rear yard The applicant requests approval of this minor variance application to permit the keeping of livestock (horses) on an undersized lot. 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 variances. After considering all public and agency input, should the Committee find merit in this application, the following conditions are 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). 2. That approval of these variances apply only for the permission of up to five horses on the subject property. 3. That prior to the horses occupying the property fencing be installed by the applicant to the satisfaction of City Development to keep the horses within the property limits. 4. That prior to the installation of the accessory buildings, that any required building permits be obtained from Building Services. -30- Report P/CA 21/23 April 12, 2023 Page 2 Comment Background Ministers Zoning Order – Ontario Regulation 102/72 The subject property is located within an area subject to the Minister’s Zoning Order (MZO), Ontario Regulation 102/72, administered by the Ministry of Municipal Affairs and Housing (MMAH). The MZO, Ontario Regulation 102/72 has been in effect since the early 1970s and its purpose is to regulate development in the vicinity of a future airport on lands owned by the federal government. In an email from MMAH, dated February 24, 2023, it noted that the MZO is silent regarding the tempoary structures as proposed by the applicant, and would look to the City of Pickering in that regard. Conforms to the Intent of the Official Plan The subject property is designated “Prime Agricultural Area” and “Natural Area” within Rural Pickering. Agricultural uses, such as the raising of livestock, are permitted within both designations. The applicant is proposing four temporary structures for the shelter of horses, three outdoor paddocks, and a manure pit to accommodate the introduction of horses on the subject property (refer to Exhibit 2). The proposed four temporary structures appear to be located entirely within the Prime Agricultural Area portion of the subject property, whereas the proposed three paddocks and manure pit are located within the Natural Area designation. As an existing creek runs north and south through the eastern portion of the subject property, new development is subject to the Minimum Vegetation Protection Zone (MVPZ) requirements outlined in Table 18 of the Official Plan, where a minimum setback of 30 metres is required from the top of bank or the limits of the floodplain. Based on the location of the proposed structures, it would appear that the MVPZ requirements can be met. Additionally, as there is existing development between the proposed location of the accessory structures and the feature, the MVPZ will not be further encroached upon by the proposal. Conforms to the Intent of the Zoning By-law The subject property is zoned A - Rural Agricultural Zone under Zoning By-law 3037, as amended by by-law 6577/05. Agricultural uses such as the raising of horses is permitted within this zone. Livestock Permission Variance The intent of requiring a minimum lot area of five acres for the keeping of livestock is to ensure adequate space is provided to accommodate the required farm buildings. The applicant proposes the keeping of up to five horses on the subject property. Four temporary structures, each with the size of 10 square metres, are proposed for sheltering of the horses. Staff is satisfied that the existing lot area can accommodate the proposed structures and paddocks. -31- Report P/CA 21/23 April 12, 2023 Page 3 Accessory Structures Variance The requested variance is to permit temporary accessory structures to be located in the west 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. As the subject property is located within Rural Pickering, where there are predominantly larger lots for agricultural operations, the placement of the accessory structures in the side yard is not expected to have significant visual impact to the adjacent properties and sufficient space can be provided for drainage and access to the front and rear yards. 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 surrounding uses of the subject property are primarily agricultural uses, the introduction of livestock on the subject property is a compatible use with the surrounding agricultural uses. The proposal is not anticipated to cause negative impact on the adjacent property or to the nearby natural feature. The requested variance is considered to be desirable for the appropriate development of the land and minor in nature. Comments from Building Services Building Services has commented that they have no concerns with the proposal, however, they suggested that prior to the construction of the accessory structures in the side yard, building permits be obtained. Typically, a building permit is required for accessory structures larger than 10 square metres, taller than one storey in height, attached to a building or other structure, or requires plumbing to be installed. Due the quality of the submitted plans, it is difficult to confirm during the minor variance application process whether a building permit is required. Should the requested variances be approved, it is recommended that the applicant confirm with Building Services to determine if a building permit is required prior to the installation of the accessory structures. It is noted that should a building permit be required for the structures proposed by this application, the applicant will be subject to comply with the Minimum Distance Separation (MDS) formulae. In the case where a building permit is required, the onus is on the applicant to provide confirmation that the MDS setbacks can be complied with. Additional variances may be required should it be demonstrated that the MDS setbacks cannot be complied with. -32- Report P/CA 21/23 April 12, 2023 Page 4 Input From Other Sources Applicant •Not possible to comply because the property is 2 acres in size, and unable to obtain more land to meet the required lot size. Engineering Services •No comments. Building Services •No concerns from Building Services, apply and obtain building permit prior construction of accessory building in the side yard. TRCA •TRCA staff have no objections to the variances pertaining to the introduction of livestock on the property. All (4) “temporary shelters” are located outside of the TRCA Regulated Area and a permit will not be required for these structures Public Input •As of the date of writing this report, no public submissions are received. Date of report: April 6, 2023 Comments prepared by: Ziya Cao Planner I Deborah Wylie, MCIP, RPP Manager, Zoning & Administration ZC:ld \\Fs\planning\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 21-23\7. Report\PCA 21-23 Report.docx Attachments -33- Seventh Concession Road Sideline6 Sa l e m R o a d Location MapFile:Applicant:Municipal Address: P/CA 21/23 Date: Mar. 16, 2023 Exhibit 1 ¯ E D. Ashton & M. Kontopodis2805 Seventh Concession Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 21-23\PCA21-23_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: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural 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- 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 21 /2 3 Ap p l i c a n t : D. A s h t o n & M . K o n t o p o d i s Mu n i c i p a l A d d r e s s : 28 0 5 S e v e n t h C o n c e s s i o n 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 : Ma r c h 1 7 , 2 0 2 3 Se v e n t h C o n c e s s i o n R o a d To p e r m i t t h e k e e p i n g o f li v e s t o c k ( h o r s e s ) o n a n Ag r i c u l t u r a l l y “ A ” z o n e d pa r c e l o f l a n d t h a t i s t w o ac r e s i n s i z e . To p e r m i t ac c e s s o r y st r u c t u r e s i n as s o c i a t i o n wi t h t h e r a i s i n g of h o r s e s t o b e er e c t e d i n t h e we s t s i d e y a r d . -35- Ex h i b i t 3 Pr o p o s e d T e m p o r a r y S t r u c t u r e O p t i o n Fi l e N o : P/ C A 21 /2 3 Ap p l i c a n t : D. A s h t o n & M . K o n t o p o d i s Mu n i c i p a l A d d r e s s : 28 0 5 S e v e n t h C o n c e s s i o n 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 : Ma r c h 1 7 , 2 0 2 3 -36- Report to Committee of Adjustment Application Number: P/CA 22/23 Date: April 12, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 22/23 Marathon Homes Limited 2775 Peter Matthews Drive (Part 1, Block 171, 40M-2671) Application The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit an attached private garage, which is deemed to be part of the main building on the lot, is permitted provided that the wall of the private garage facing the lane is located no further than 7.7 metres from the rear lot line, whereas the By-law permits attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. The applicant requests approval of this minor variance application in order to permit an as-built condition and to facilitate a part lot control application. 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 development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). Comment Background In January 2022, a Building Permit was issued for the existing dwelling unit within the townhouse block. However, due to minor construction errors, various revisions were made to the siting of this Block, which included a shift in the block location. The most recent siting, illustrated a 7.5 metre setback, whereas the submitted survey plan illustrates a 7.7 metre setback, exceeding the maximum setback of 7.5 metre requirement. -37- Report P/CA 22/23 April 12, 2023 Page 2 Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential – Medium Density Area” within the Lamoureaux Neighbourhood. Residential uses including townhouses are permitted within this designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “MD-M”, under Zoning By-law 7364/14, as amended by By-law 7857/21. Block and Street Townhouse dwellings are permitted uses on lands zoned MD-M. The applicant requests the attached private garage accessed by a laneway to have a maximum rear yard setback of 7.7 metres, whereas the by-law permits attached private garages accessed by a laneway to have a maximum rear yard setback of 7.5 metres. The intent of the maximum rear yard setback of 7.5 metres between the private garage and the rear lot line is to ensure a vehicle parked outside on the driveway does not overhang onto the municipal boulevard. The minimum and maximum rear yard setbacks provide enough space for a single vehicle to be parked on the driveway, without overhang. The site plan was in compliance with a 7.47 metre setback. However, the as-built survey indicated a 7.7 metre rear yard setback, resulting in non-compliance with the Zoning By-law. The maximum 7.7 metre rear yard setback can provide appropriate access to the dwelling, and it can accommodate sufficient space for parking a vehicle entirely within the lot. 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 applicant is requesting a variance to permit a maximum rear yard setback to an attached private garage accessed by a laneway. The maximum setback will allow appropriate setback to the laneway, and will accommodate sufficient space to park a vehicle. Staff is of the opinion that the requested variance is desirable for the appropriate development of land and is minor in nature. Input From Other Sources Applicant • The as-built site condition fell short of the proposed building setback for a portion of the rear wall, due to an error in building placement. Engineering Services • No comments. Building Services • No concerns. Public Input • As of the date of writing this report, no public submissions are received. -38- Report P/CA 22/23 April 12, 2023 Page 3 Date of report: April 5, 2023 Comments prepared by: Kerry Yelk Planner I Deborah Wylie, MCIP, RPP Manager, Zoning and Administration KY:ld J:\Documents\Development\D-3700\2023\PCA 22-23\7. Report Attachments -39- S k y ri d g e Boulevard M a r a t h o n A v e n u e De l p h i n i u m T r a i l Sp i n d l e M e w s Chateau Court Aquarius Trai l Egan Mews Pe t e r M a t t h e w s D r i v e So l s t i c e M e w s Location MapFile:Applicant:Municipal Address: P/CA 22/23 Date: Mar. 16, 2023 Exhibit 1 ¯ E Marathon Homes Ltd.2775 Peter Matthews Drive SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 22-23\PCA22-23_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: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -40- Exhibit 2 Submitted Plan File No: P/CA 22/23 Applicant: Marathon Homes Limited Municipal Address: 2775 Peter Matthews Drive CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: March 29, 2023 7.7m to permit an attached private garage, which is deemed to be part of the main building on the lot, is permitted provided that the wall of the private garage facing the lane is located no further than 7.7 metres from the rear lot line. -41- Ex h i b i t 3 Su b m i t t e d Fr o n t E l e v a t i o n Pl a n (f r o m P e t e r M a t t h e w s D r i v e ) Fi l e N o : P/ C A 22 / 2 3 Ap p l i c a n t : Ma r a t h o n H o m e s L i m i t e d Mu n i c i p a l A d d r e s s : 27 7 5 P e t e r M a t t h e w 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 C o p i e s o f t h i s P l a n . Da t e : Ma r c h 2 9 , 2 0 2 3 -42- Ex h i b i t 4 Su b m i t t e d Re a r El e v a t i o n Pl a n (f r o m S p i n d l e M e w s ) Fi l e N o : P/ C A 22 / 2 3 Ap p l i c a n t : Ma r a t h o n H o m e s L i m i t e d Mu n i c i p a l A d d r e s s : 27 7 5 P e t e r M a t t h e w 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 : Ma r c h 2 9 , 2 0 2 3 -43-