HomeMy WebLinkAboutMay 4, 2011�m m �ttep �t �
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Committee of Adjustment
Agenda
Wednesday, May 4, 2011
7:00 pm
Main Committee Room
(I)
���)
Adoption of Agenda
Adoption of Minutes from April 13, 2011
(III) Reports
1. P/CA 13/11 — J. & J. Ross
1843 Woodview Avenue
(Part Lot 12, Plan 282, Part 1, 40R-16115)
City of Pickering
2. P/CA 14/11 — Chirolion Urban Corporation
1505 —1525 Kingston Road
(Block 36, Plan 4�M-2089)
City of Pickering
3. P/CA 15/11 — PLVB. Inc.
503 Kingston Road
(Part Lot 30, Broken Front Concession, Range 3, Part Lot 30,
Part 1, 40R-4825)
City of Pickering
(IV) Adjournment
Page Number
1-6
7-10
11-14
15-19
ACC�551�J�e For information related to accessibility requirements please contact
+ Lesley Dunne
P I C K E F� L�N � T. 905.420.4660, extension 2024
TTY 905.420.1739
Email Idunne@cityofpickering.com
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Pending Adoption
Present:
Tom Copeland
David Johnson
Eric Newton
Bill Utton
Shirley Van Steen
Also Present:
Ross Pym, Secretary-Treasurer
Mila Yeung, Assistant Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
(I)
(II)
Adoption of Aqenda
Moved by Bill Utton
Seconded by Shirley Van Steen
Committee of Adjustment
Meeting Minutes
Wednesday, April 13, 2011
7:00 pm
Main Committee Room
That the agenda for the Wednesday, April 13, 2011 meeting be adopted.
Carried Unanimously
Adoption of Minutes
Moved by Shirley Van Steen
Seconded by Tom Copeland
That the minutes of the 4th meeting of the Committee of Adjustment held
Wednesday, March 23, 2011 be adopted.
Carried
David Johnson, Committee Chair acknowledged the presents of Bill McLean,
Regional Councillor Ward 2. Councillor McLean welcomed the new Committee
Members and wished them all the best for the next four years.
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(III) Reports
1. P/CA 10/11 — T. Kerr
1731 Spruce Hill Road
(Part Lot 30, Plan 820, Part 1, 40R-9425)
City of Pickering
Committee of Adjustment
Meeting Minutes
Wednesday, April 13, 2011
7:00 pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036 to permit an existing north
side yard width of 0.3 metre and a proposed south side yard width of 1.0 metre
to a proposed addition onto the detached dwelling, whereas the by-law requires
a minimum side yard width of 1.8 metres.
The applicant requests approval of this variance in order to obtain a building
permit.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval for the existing
north side yard width subject to conditions and refusal for the proposed south
side yard width.
Written comments were also received from the City's Chief Building Official
expressing several concerns with the application; the appropriateness, feasibility
and practicality of saving the south wall of the existing one storey garage through
underpinning of the south wall to suit the proposed rear basement, the proximity
of the neighbouring building and the potential of undermining adjacent
foundations, a professional engineer must be retained to address all building
design and construction which exceeds the scope of Part 9 of the Ontario
Building Code and the applicant should provide full details regarding the existing
site conditions and the proposed construction procedures where adjacent
properties may be impacted. In the absence of this information, it would be
inadvisable to approve this application for a building permit or a minor variance
Kevin Washington, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Kevin Washington explained the existing south wall of the garage will be
maintained and will be using the existing garage foundation for the proposed
addition.
2
Committee of Adjustment
Meeting Minutes
Wednesday, April 13, 2011
7:00 pm
Main Committee Room
In response to questions from Committee Members, the Secretary-Treasurer
indicated all Committee of Adjustment Notices are circulated to Fire Services for
comment. Fire Services also reviews building permits and the building permits
must meet Fire Code requirements.
Moved by Eric Newton
Seconded by Bill Utton
That application P/CA 10/11 by T. Kerr, be Approved on the grounds that the
existing north side yard width of 0.3 metre is a minor variance that is 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:
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That this variance apply only to the existing dwelling unit, as generally sited
and outlined on the applicanYs submitted plans with this applicati�n.
That the applicant obtains a building permit for the proposed construction
by April 12, 2013, or this decision shall become null and void.
And
That application P/CA 10/11 by T. Kerr, be Refused on the grounds that the
south side yard width of 1.0 metre to the proposed addition onto the detached
dwelling is a major variance that is undesirable for the appropriate development
of the land, and not in keeping with the general intent and purpose of the Zoning
By-�aw.
Vote
Tom Copeland
David Johnson
Eric Newton
Bill Utton
Shirley Van Steen
in favour
in favour
in favour
in favour
opposed
Carried
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2. P/CA 11/11 — N. Williams
1614 Burnside Drive
(Lot 10, 40M-1603)
City of Pickering
Committee of Adjustment
Meeting Minutes
Wednesday, April 13, 2011
7:00 pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036 as amended by By-law
2922/88 to permit a lot coverage of 47 percent and a rear yard depth of 4.3 metres
to a proposed house addition, whereas the by-law requires a maximum lot
coverage of 38 percent and a minimum rear yard depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain a building
permit for the new detached dwelling.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval for the existing lot
cover and refusal for lot coverage and rear yard depth to a proposed house
addition. Written comments were received from the City's Development Control
Manager expressing no concerns. Written comments were also received from
the Toronto and Region Conservation Authority having no objection to the
application.
John Lewandowski, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
John Lewandowski explained the proposed addition will be a glass enclosure to
the existing desk and the enclosure will not be heated. John Lewandowski also
indicated there is a similar enclosure just west of the subject property.
Moved by Eric Newton
Seconded by Bill Utton
That application P/CA 11/11 by N. Williams, be Refused on the grounds that the
lot coverage of 47 percent and a rear yard depth of 4.3 metres to a proposed
house addition are major variances that are not desirable for the appropriate
development of the land, and not in keeping with the general intent and purpose
of the Zoning By-law.
And
That application P/CA 11/11 by N. Williams, be Approved on the grounds that
the existing lot coverage of 40 percent to the existing dwelling is a minor variance
that is 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.
Carried Unanimously
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3. P/CA12/11 — H. Kok
673 Front Road
(Part Lot 4, Block E, Plan 65)
City of Pickering
Committee of Adjustment
Meeting Minutes
Wednesday, April 13, 2011
7:00 pm
Main Committee Room
The applicant requests relief from Zoning By-law 2511 to permit an existing lot
area of 361 square metres and a front yard depth of 6.0 metres to a proposed
stairway of a proposed detached dwelling, whereas the by-law requires a
minimum lot area of 460 square metres and front yard depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain a building
permit for the new detached dwelling.
The Secretary-Treasurer outlined comments received from the City of Pickering
Planning & Development Department recommending approval subject to
conditions.
Helen Kok, owner, was present t� represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Shirley Van Steen
Seconded by Tom Copeland
That application P/CA 12/11 by H. Kok, be Approved on the grounds that the
existing lot area of 361 square metres and a front yard depth of 6.0 metres to a
proposed stairway of a proposed detached dwelling are minor variances that are
desirable for the appropriate development of the land, and in keeping with the
general intent and purpose of the Official Plan and the Zoning By-law, subject to
the following conditions:
1
2
That these variances apply only to the proposed new dwelling, as generally
sited and outlined on the applicanYs submitted plans with this application.
That the applicant obtains a building permit for the proposed construction
by April 12, 2013, or this decision shall become null and void.
Carried Unanimously
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(IV) Adiournment
Moved by Bill Utton
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes
Wednesday, April 13, 2011
7:00 pm
Main Committee Room
That the 5th meeting of 2011 the Committee of Adjustment be adjourned at
7:18 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, May 4, 2011.
Carried Unanimously
Date
Chair
Assistant Secretary-Treasurer
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From
Report to
Committee of Adjustment
Application Number: P/CA 13/11
Meeting Date: May 4, 2011
Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 13/11
J. & J. Ross
1843 Woodview Avenue
(Part Lot 12, Plan 282, Part 1, 40R-16115)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3036 to permit a front yard depth of
5.1 metres to a proposed covered porch, whereas the by-law requires 7.5 metres.
The applicant requests approval of this variance in order to obtain a building permit for
the proposed house addition and covered porch.
Recommendation:
The Planning & Development Department considers the proposed front yard depth of
5.1 metres to a proposed covered porch be a minor variance that is desirable for the
appropriate development of the land, and in keeping with the general intent and purpose
of the Official Plan and the Zoning By-law, and therefore recommends Approval of the
proposed variance, subject to the following conditions:
1. That this apply only to the proposed development, as generally sited and
outlined on the applicanYs submitted plans with this application.
2. That the applicant obtains a building permit for the proposed construction by
May 3, 2013 or this decision shall become null and void.
3. That the applicant prepares, to the satisfaction of the City of Pickering, a tree
preservation/tree planting plan for the trees in the front yard of the subject
property by November 4, 2011.
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Report P/CA 13/11
Background:
May 4, 2011
Page 2
The notice of the public meeting indicated that the applicant requested a relief from the
by-law for a front yard depth of 4.1 metres to a proposed addition onto the side and front
of the existing detached dwelling. Since the mailing of the notice, the Planning &
Development department has deterrnined that the proposed steps to the proposed
covered porch is permitted under a encroachment provision of the by-law. Therefore,
the revised front yard depth is 5.1 metres to the proposed covered porch rather than the
initial 4.1 metres to the proposed steps projecting from the porch.
Comment:
Official Plan and Zoning By-law
Pickering Official Plan —"Urban Residential Area — Low Density Areas" within the
Highbush Neighbourhood
Zoning By-law 3036 —"R4" — Fourth Density Residential
Appropriateness of the Application
• the intent of the front yard depth requirement is to provide an adequate bufFer
space between street activity and to provide an adequate landscaped area in
the front of the property
• the proposed 5.1 metre front yard depth to the proposed covered porch would
maintain the neighbourhood character on Woodview Avenue, provide an
appropriate buffer space and provide an adequate landscaped area within the
front yard of the property
• it is noted that the neighbourhood character on the east side of Woodview
Avenue is well treed therefore, the owner should do all things possible to
preserve the existing front yard trees
• the intent of the zoning by-law would be maintained with a 5.1 metres front yard
depth
Date of report: April 28, 2011
Comments prepared by:
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Mila Yeu
Planner I
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Enclosures
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Principal Planner — Development Review
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION Part Lot 12, Pian 282. 40R-16115, Part 1 w
OWNER .1. & J. ROSS DATE April 11, 2011 DRAWN BY �B
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FILE No. P/CA 13/11 SCALE 1:5,000 CHECKED 8Y RP �
Te�on�elr�En[erpneea Ine Ond iti euppli!/S. All �igM1b Reamved. Not a plan o! ,�.��r. PN-10
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Information Compiled from ApplicanYs
Submitted Plan
P/CA 13/11
J. 8� J. Ross
To permit a front yard
depth of 5.1 metres
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PROPOSED
ADDITION
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This map wes produced by the Ciry oi Pickering Planning 8 Development Depariment,
Planning Information Services Mapping and Design, Apr. 13, 2011.
Reporfi to
Committee of Adjustment � �
Application Number: P/CA 14/11
Meeting Date: May 4, 2011
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 14/11
Chirolion Urban Corporation
1505 — 1525 Kingston Road
(Block 36, Plan 40M-2089)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3036, as amended by By-law 5891/01
to permit a condominium apartment building with a portion of the building having a
maximum building height of 10.0 metres and 3-storeys and a portion of the building
having a maximum building height of 35.0 metres and 12-storeys, whereas the by-law
requires a minimum building height of 16.0 metres and 6-storeys and a maximum
building height of 35.0 metres and 10-storeys. The applicant also requests relief to
amend the definition of "Multiple Dwelling — Vertical" to allow a townhouse building
containing three or more dwelling units attached horizontally but not all of which are
attached vertically and to allow a minimum building height of 10.0 metres and 3-storeys
for a portion of the townhouse building, whereas the by-law defines "Multiple Dwelling —
Vertical" as having a building containing three or more dwelling units attached
horizontally and vertically by an above grade wall or walls, or an above grade floor or
floors or both.
The applicant requests approval of this variance in order to obtain Site Plan approval.
Recommendation:
The Planning & Development Department considers a minimum building height of
10.0 metres and 3-storeys and a maximum building height of 35.0 metres and
12-storeys to a proposed condominium apartment building and a minimum building
height of 10.0 metres and 3-storeys to a partially stacked townhouse block, and the
definition of "Multiple Dwelling — Vertical" to allow a townhouse building containing
three or more dwelling units attached horizontally but not all of which are attached
vertically to be minor variances that are desirable for the appropriate development of
the land, and in keeping with the general intent and purpose of the Official Plan and
the Zoning By-law, and therefore recommends Approval of the proposed variances,
subject to the following conditions:
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Report P/CA 14/11
May 4, 2011
Page 2
1. That these variances appiy only to the proposed condominium apartment
building and a partially stacked townhouse block, as generally sited and
outlined on the applicanYs submitted plans with this application.
2. That Minor Variance Application P/CA 02109 becomes null and void.
3. That the applicant obtains a Site Plan Approval and a building permit for the
proposed construction by May 4, 2014, or this decision shall become null and
void.
Background
The Committee of Adjustment in January 2009 approved application P/CA 02/09 for the
subject property that was based on a different development design. The Committee
authorized minor variances to recognize a height reduction to 13.1 metres and 5-storeys
and to permit portions of a proposed 6 and 10-storey condominium apartment building
to have a 0.0 metre setback from the main wall of the building along Kingston Road.
Comment:
Official Plan and Zoning By-law
Pickering Official Plan —"Mixed-Use Areas — Downtown Core" within the Town Centre
Neighbourhood
Zoning By-law 3036 as amended by By-law 5891/01 — RMM-3 — Multi-Residential Mixed
Use Zone
Appropriateness of the Application
Reduction in Height Variance
• the intent of the minimum height requirement is to help ensure the provision
of the required residential density, building massing and to establish a
"downtown" character for the site
• the height reduction to 10.0 metres and 3-storeys will not compromise the
site's potential to meet the density objectives of the zoning by-law as it only
applies to a small portion of the front of the main building
• the proposed 3-storey height to the partially stacked-towrihouse block
provides a more appropriate transition between the proposed 12-storey
building and existing low-rise residential buildings along Avonmore Square
Rep�rt P/CA 14/11
May 4, 2011
Page 3 � 3
• the location of the partially stacked-townhouse block at a reduced minimum
height of 3-storeys will not negatively impact the intended character of the
neighbourhood
• the intent of the zoning by-law would be maintained
Increased Number of Stories Variance
• the intent of maximum storey requirement is to ensure the residential density
and building massing is adhered to as well as avoid site overdevelopment
• despite increasing the number of stories from 10 to 12, the applicant
proposes to maintain the maximum building height of 35.0 metres
• the proposed 12-storey building will not negatively impact the intended
character of the neighbourhood
• the intent of the zoning by-law would be maintained
"Multiple-Dwelling Vertical" Definition Variance
• the intent of the definition of "Multiple-Dwelling Vertical" is to ensure a variety
of built form and to encourage multi-storey development associated with mid
rise development projects
• a portion of the townhouse block will provide stacked townhouses and
therefore comply with the definition, while some of the townhouse units will
not be stacked
townhouses are commonly integrated with mid rise development projects
the intent of the zoning by-law would be maintained
Date of report: April 28, 2011
Co�nments prepared by:
Planner I
AY:RP:Id
r�r�reponsizoi vp�eia-i i eo�
Enclosures
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Ross Pym, MCIP, RPP
Principal Planner — Development Review
Information Compiled from Appiicant's
Submitted Plan
P/CA 14111
Chirolion Urban Corporation
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This map was produced by Ihe City of Pickering Planning 8 Development Department,
Planning Information Services Mapping and Design, Apc 7$ 2017.
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Report to
Committee of Adjustment
Application Number: PlCA 15/11
Meeting Date: May 4, 2011
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 15/11
PVLB Inc.
503 Kingston Road
(Part Lot 30, Broken Front Concession,
Range 3, Part Lot 30, Part 1, 40R-4825)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3036, as amended by By-law 2030/85:
• to permit a front yard depth of 7.0 metres, whereas the by-law requires a
minimum front yard depth of 13.5 metres
• to permit a flankage side yard width of 7.0 metres, whereas the by-law requires
minimum flankage side yard width of 12.0 metres
• to permit a parking requirement of 3.0 parking spaces per 100 square metres of
gross floor area, whereas the by-law requires a minimum of 5.5 parking spaces
for each 93 square metres of gross floor area
• to permit a minimum parking space area of 13.7 square metres (2.6 metres by
5.3 metres), whereas the by-law requires a minimum parking space area of
15.95 square metres
• to permit a gravel surface parking area, whereas the by-law requires all parking
areas to be paved
The applicant requests approval of this variance in order to obtain a building permit and
site plan approval for the proposed site expansion.
Recommendation:
The Planning & Development Department considers the front yard depth of 7.0 metres,
a flankage side yard width of 7.0 metres, a parking requirement of 3.0 parking spaces
per 100 square metres of gross floor area, and a minimum parking space area of
13.7 square metres (2.6 metres by 5.3 metres), to be minor variances that are desirable
for the appropriate development of the land, and in keeping with the general intent and
purpose of the Official Plan and the Zoning By-law, and therefore recommends
Approval of the proposed variances, subject to the following conditions:
1. That these variances apply only to the proposed site expansion, as generally
sited and outlined on the applicant's submitted plans with this application.
Report P/CA 15l11
May 4, 2011
Page 2 � 7
2. That the application obtains a site plan approval for the proposed
development by May 3, 2013, or this decision shall become null and void.
3. That the applicant obtains a building permit for the proposed construction by
May 3, 2013, or this decision shall become null and void.
. �
The Planning & Development Department considers a gravel surface for parking areas
to be a major variance that is not desirable for the appropriate development of the land,
not in keeping with the general intent and purpose of the Zoning By-law, and therefore
recommends Refusal of the proposed variance.
Comment:
Official Plan and Zoning By-law
Pickering Official Plan —"Mixed Use Areas — Mixed Corridors" within the Rougemount
Neighbourhood
Zoning By-law 3036 as amended by By-law 2030/85 —"CA3-1"
Appropriateness of the Application
Front Yard Depth and Flankage Side Yard Width Variances
• the intent of the front yard and flankage side yard setback requirements are to
provide an adequate buffer space between street activity and to provide an
adequate landscaped area in the front and side yards of the property
• the 7.0 metre front yard depth and flankage side yard width will have no
adverse impact on the streetscape
• the front yard depth and flankage side yard width of 7.0 metres will provide
adequate buffer space and an landscaped area within the front and side of
the property
• the intent of the zoning by-law will be maintained
Parking Ratio and Parking Space Variances
• the intent of the parking ratio is to ensure adequate parking is provided onsite
to support the site uses
• the intent of the minimum parking space area is designed to allow a vehicle
to move in and out easily of a space in order to promote safe and efficient
vehicular movement on the private property
Report P/CA 15/11
�
May 4, 2011
Page 3
• the proposed parking ratio of 3.0 parking spaces per 100 square metres of
gross floor area appears to be adequate and appropriate for this specific
development of a vehicle sales or rental establishment use
• the proposed parking space area of a minimum 13.7 square metres (2.6 metres
by 5.3 metres) represents the current requirement of a minimum parking
space area of 2.6 metres by 5.3 metres, and therefore will have no adverse
impact on the site function and operation
• the intent of the zoning by-law will be maintained
Gravel Surface Parking Area Variance
• the intent of the paved parking area is for the protection and preservation of
infrastructures, such as sewers, and to better control fugitive emissions from
impacting the natural environment
• a paved parking area allows for the ease of maintenance and the
maintenance of an attractive site appearance
• the gravel surfacing is easily moved by the natural and human forces into
infrastructures and onto other properties, therefore the proposed gravel
surface parking area would not allow for the protection and preservation of
infrastructures and properties
• the intent of the zoning by-law will not be maintained
Date of report: April 28, 2011
Comments prepared by:
r����" �
Mila Yeung
Planner I
MY:RP:�d
cofa/reports/2�11 i pce15-11.tlac
Enclosures
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Ross Pym, MCIP, RPP
Principal Planner — Development Review
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- PCA 15/11
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To permit a gravel �
surfaceforthe
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To permit a parking
standard of 3 parking
spaces per 100 square
metres of gross floor
area
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7hls moo wvs piaduced by the Clty o/ Plckenng,
P/anning & Oevelopment Oeparfinenf,
/nlcrmoGan & Suppoif Services.
Apr ]5, 2011