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Committee of Adjustment
Agenda
Wednesday, October 19, 2011
7:00 pm
Main Committee Room
Page Number
(I) Adoption of Agenda
(II) Adoption of Minutes from September 28, 2011 1-7
(III) Reports
1. P/CA 48/11 — G. Ricupero 8-11
340 Whitevale Road
(Concession 5, Part lot 32, Plan 21, Part lot 32, 33, 40R-1140,
Part 54 to 56, Part 71, subject to ROW over Part 54, 55)
City of Pickering
2. P/CA 53/11 — M. R. Iqbal & S. Zareen
1422 Major Oaks Road
(Lot 58, Plan 40M-1753)
City of Pickering
3. P/CA 55/11 — R. Pacione
5465 Hoxton Street
(North Part Lot 18, Concession 9)
City of Pickering
4. P/CA 56/11 — K. & T. Corrigan
4873 Lorn Street
(Lot 52, 53, Plan 43)
Gity of Pickering
(IV) Adjournment
12-15
16-19
20-23
ACCe55ible For information related to accessibility requirements please contact
• Lesley Dunne
P I C K E R�N G T. 905.420.4660, extension 2024
TlY 905.420.1739
Email Idunne@cityofpickering.com
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Pending Adoption
Present:
Tom Copeland
David Johnson — Chair
Eric Newton — Vice-Chair (arrived at 7:05 pm)
Bill Utton
Shirley Van Steen
Also Present:
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 !? 1
Wednesday, September 28, 2011
7:00 pm
Main Committee Room
That the agenda for the Wednesday, September 28, 2011 meeting be adopted.
Carried Unanimously
Adoation of Minutes
Moved by Bill Utton
Seconded by Shirley Van Steen
That the minutes of the 12th meeting of the Committee of Adjustment held
Wednesday, September 7, 2011 be adopted.
Carried Unanimously
David Johnson, Committee Chair acknowledged the presence of Bill McLean, Regional
Councillor Ward 2.
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(III) RQq01'�S
P/CA 49/11 — Rule Estate Inc.
Committee of Adjustment
Meeting Minutes
Wednesday, September 28, 2011
7:00 pm
Main Committee Room
1310 1312 Altona Road
(Part of Lot 33, Broken Frontage Concession Range 3, Part 1, 40R-10160)
City of Pickering
The applicant requests relief from Zoning By-law 3036 to permit a series of
additions totaling 29 square metres onto the northern detached dwelling of the
existing legal non-conforming property that contains two detached dwellings,
whereas the by-law permits only one detached dwelling on an existing lot.
The applicant requests approval of this variance in order to obtain a building
permit.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending approval
subject to conditions. Written comments were received from the City's
Development Control Manager expressing no concerns. Written comments were
also received from the City's Coordinator, Economic Development indicating no
objection to the intensification of the site.
No representation was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Shirley Van Steen
Seconded by Bill Utton
That application P/CA 49/11 by Rule Estate Inc., be Approved on the grounds
that the series of additions totaling 29 square metres onto the northern detachec
dwelling of the existing legal non-conforming property 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, subject to
the following conditions:
That this variance apply only to the series of additions totaling 29 square
metres onto the northern detached dwelling, as generally sited and outlined
on the applicanYs submitted plans.
2. That the applicant obtains a building permit for the proposed construction by
September 30, 2013, or this decision shall become null and void.
Carried Unanimousiy
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1400 Church Street
(Parts 1, 4, 5, 8; 32, 34, 38-40, 46, 49-51, 40R-22677)
City of Pickering
The applicant requests relief from Zoning By-law 2511 to permit an expansion of
19,044 square metres onto the existing warehouse resulting in a total of 450
parking spaces for a warehouse building of up to 88,973 square metres of floor
area, whereas the by-law requires 1,589 parking spaces for a warehouse
building of up to 88,973 square metres.
The applicant requests approval of this variance in order to obtain site plan
approval and a building permit for the proposed 19,044 square metres
expansion.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending approval
subject to conditions. Written comments were received from the City's
Development Control Manager expressing no concerns. Written comments were
also received from the City's Coordinator, Economic Development indicating no
objection to the reduction in required parking.
Harry Froussios, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Eric Newton
Seconded by Tom Copeland
That application P/CA 50/11 by Church Street Portfolio Inc., be Approved on the
grounds that the total of 450 parking spaces for a warehouse building of up to
88,973 square metres 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 O�cial Pian and the Zoning By-law, subject to the following conditions:
1. That this variance apply only to proposed and existing warehouse building, as
generally sited and outlined on the applicanYs submitted plans.
2. That the applicant obtains site plan approval and a building permit for the
proposed construction by September 27, 2013, or this decision shall become
null and void.
Carried Unanimously
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3. P/CA 51/11 — S. & M. Kinghorn
585 Marksbury Road
(Lot 30, Plan 311)
City of Pickering
Committee of Adjustment
Meeting Minutes
Wednesday, September 28, 2011
7:00 pm
Main Committee Room
The applicant requests relief from Zoning By-law 2511 to permit a flankage side
yard width of 4.8 metre to a proposed addition, to permit a rear yard depth of
1.8 metres to a proposed detached garage and to permit a height of 3.6 metres
for a proposed detached garage whereas the by-law requires a minimum
flankage side yard width of 7.5 metres, a minimum rear yard depth of 3.0 metres
for accessory structures on a corner lot and a maximum height of 3.5 metres for
accessory buildings.
The applicant requests approval of these variances in order to obtain building
permits for the proposed detached garage and addition onto the existing
dwelling.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending refusal for
a height oi 3.6 metres to a proposed garage and recommending approval
subject to conditions.
Scott & Mary Kinghorn, owners, were present to represent the application. Ron
Peters of 584 Marksbury Drive was present in favour of the application.
In response to a question from a Committee Member, Scott Kinghorn explained
that he is a landscaper and the height of the garage is to accommodate winter
tree storage. Scott Kinghorn indicated there a number of trees have been
planted around the property and the roof design for the proposed detached
garage is flat.
Moved by Shirley Van Steen
Seconded by Bill Utton
That application P/CA 51/11 by S. & M. Kinghorn, be Approved on the grounds
that the flankage side yard width of 4.8 metres to a proposed addition, and a rear
yard depth of 1.8 metres and a height of 3.6 metres to a proposed detached
garage 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:
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That these variances apply only to the proposed detached garage and
proposed addition to the existing dwelling, as generally sited and outlined on
the applicanYs submitted plans.
That the applicant obtains building permits for the proposed construction by
September 27, 2013, or this decision shall become null and void.
Carried Unanimously
4. P/CA 52/11 — D. McCormick
1317 Broadview Street
(Lot 18, Plan 407)
City of Pickering
The applicant requests relief from Zoning By-law 2511 to permit a rear yard
depth of 6.1 metres to a proposed one storey addition and uncovered deck,
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 the one storey addition and uncovered deck.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending approval
subject to conditions. Written comments were also received from the City's
Development Control Manager expressing no concerns.
David McCormick, owner, 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, David McCormick
indicated the deck will have approximately four steps and will not be enclosed.
Moved by Tom Copeland
Seconded by Eric Newton
That application P/CA 52/11 by D. McCormick, be Approved on the grounds that
the rear yard depth of 6.1 metres to a proposed one storey addition and
uncovered deck 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, subject to the following conditions:
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Committee of Adjustment
Meeting Minutes
Wednesday, September 28, 2011
7:00 pm
Main Committee Room
1. That this variance apply only to the one storey addition and uncovered deck,
as generally sited and outlined on the applicanYs submitted plans.
2. That the applicant obtains a building permit for the proposed construction by
September 27, 2013 or this decision shall become null and void.
Carried Unanimously
5. P/CA 54/11 — R. Peters
584 Marksbury Road
(South Part of Lot 43, Plan 311)
City of Pickering
The applicant requests relief from Zoning By-law 2511, to permit a proposed
second storey addition onto the existing dwelling resulting in a south side yard
width of 0.4 metres, a north side yard width of 2.2 metres, and to recognize an
existing lot frontage of 10.6 metres, a total lot coverage of 34 percent for all
buildings, an existing accessory structures lot coverage of 7.6 percent, a north
side yard width of 0.9 metres to an existing accessory building of 17.1 square
metres and existing north side yard widths of 0.2 metres to a 9.6 square metres
storage shed, a 7.0 square metres storage shed and a 5.9 square metres
covered hot tub, whereas the by-law requires a minimum south and north side
yard width of 1.5 metres and 2.4 metres respectively, a minimum lot frontage of
15.0 metres, a maximum lot coverage of 33 percent, a maximum lot coverage of
5 percent for all accessory structures, and minimum setbacks of 0.6 metres and
1.0 metres to all accessory structures less than 10 square metres and equal to or
greater than 10 square metres respectively.
The applicant requests approval of these variances in order to obtain a building
permit for a second storey addition.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending approval
subject to conditions. Written comments were also received from the City's
Development Control Manager expressing no concerns. Form letters submitted
with the application from five surrounding neighbours indicting no objection to the
application.
Ron Peters, owner, was present to represent the application. Scott & Mary
Kinghorn of 585 Marksbury Drive were present in favour of the application.
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Moved by Eric Newton
Seconded by Bill Utton
That application P/CA 54/11 by R. Peters, be Approved on the grounds that the
side yard widths of 0.4 metres and 2.2 metres on a proposed second storey
addition, the existing lot frontage of 10.6 metres, a total lot coverage of 34 percent
for all buildings, an existing accessory structures lot coverage of 7.6 percent, a
0.9 metres north side yard width to an existing accessory building of 17.1 square
metres and existing north side yard widths of 0.2 metres to a 9.6 square metres
storage shed, a 7.0 square metres storage shed and a 5.9 square metres covered
hot tub, 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. That these variances apply only to the proposed second storey addition and
existing accessory structures, as generally sited and outlined on the
applicanYs submitted plans.
2. That the applicant obtains a building permit for the proposed construction by
September 30, 2013, or this decision to recognize the proposed side yard
widths to permit the second storey addition shall become null and void.
Carried Unanimously
(IV) Adiournment
Moved by Bill Utton
Seconded by Shirley Van Steen
That the 13th meeting of 2011 the Committee of Adjustment be adjourned at
7:26 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, October 19, 2011.
Carried Unanimously
Date
Chair
Assistant Secretary-Treasurer
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c�fy °� Report to
�$ ; ; Committee of Adjustment
KER Application Number: P/CA 48/11
Meeting Date: October 19, 2011
From: Ross Pym, MCIP, RPP
Principal Planner— Development Review
Subject: Committee of Adjustment Application P/CA 48/11
G. Ricupero
340 Whitevale Road
(Concession 5, Part lot 32, Plan 21, Part lot 32, 33, 40R1140, Part 54 to
56, Part 71, subject to ROW over Part 54, 55)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3037, as amended by By-law 2677/88
to permit a detached garage to be located in the front and side yard, whereas the by-law
requires all accessory structures to be located in the rear yard.
The applicant requests approval of this variance in order to obtain a building permit.
Recommendation:
The Planning & Development Department considers the detached garage to be located
in the front and side yard to 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 variance apply only to the proposed detached garage, as generally
sited and outlined on the applicanYs submitted plans.
2. That the applicant obtains a building permit for the proposed construction by
October 18, 2013, or this decision shall become null and void.
Report P/CA 48/11
Comment:
Official Plan and Zoning By-law
October 19, 2011
Page 2 � �
Pickering Official Plan —"Rural Settlements — Rural Hamlets" within the Whitevale
Settlement Area
Zoning By-law 3037 as amended by By-law 2677/88 —"HMR3"
Appropriateness of the Application
Accessory Structure in Side Yard Variance
• the intent of the requirement to locate detached accessory structures in the
rear yard is to maintain the character of the area and to ensure adequate
access between the front yard and the rear yard of the lot is provided
• the proposed detached garage will provide sufficient separation between the
property lot lines and the proposed garage
• the proposed garage would not obstruct access between the front and rear
yards and have no ac�verse impact on the surrounding neighbours or
character of the neighbourhood
• the intent of the Zoning By-law will be maintained
Date of report: October 7, 2011
Comments prepared by:
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Mila Yeung
Planner I
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Enclosures
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Ross Pym, MCIP, RPP
Principa� Planner— Development Review
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Information Compiled from Applicant's
Submitted Plan
P/CA 48/11
G. Ricupero
26.15 mehr = 85.80'
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c�ty °� Report to
; ; Committee of Adjustment
I K I Application Number: P/CA 53/11
Meeting Date: October 19, 2011
From: Ross Pym, MCIP, RPP
Principal Rlanner — Development Review
Subject: Committee of Adjustment Application P/CA 53/11
M. R. Iqbal & S. Zareen
1422 Major Oaks Road
(Lot 58, Plan 40M-1753)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4183/93
to permit the parking of a cube van with a height of 2.9 metres and to permit a parking
encroachment of 0.5 metres onto the Citys road allowance whereas the by-law
establishes 2.6 metres as the maximum permissible height of a vehicle to be parked on
the exterior of any Iot in a residential zone and requires that no vehicle is to encroach
onto any road allowance.
The applicant requests approval of this variance in order to obtain zoning compliance.
Recommendation:
The Planning & Development Department considers the parking of a cube van with a
height of 2.9 metre and a parking encroachment of 0.5 metres onto the Citys road
allowance to be 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 Official Plan
and the Zoning By-law, and therefore recommends Refusal of the proposed variances.
Comment:
Official Plan and Zoning By-law
Pickering Official Plan='Urban Residential Area—Low Density Area�'within the Brock
Ridges Neighbourhood
Report P/CA 53/11
Appropriateness of the Application
October 19, 2011
Page 2 i 3
• the intent of the requirement to restrict the parking of oversized vehicles in the
front yard is to preserve the residential appearance of neighbourhoods
• the intent of the by-law is to provide parking for personal vehicles of the
residents that are used by the occupants of the dwelling and is not intended
for the parking of over-sized commercial vehicles
• the by-law permits larger vehicle parking in the side or rear yard of a
residential zone property within the property boundaries
• the proposed commercial vehicle is in the front yard of the subject property
• the over-sized vehicle cannot be accommodated within the driveway on the
private property and will result in a 0.5 metres encroachment onto the City's
road allowance
• the vehicle will visually impact the neighbourhood
• no side yard is available to park the vehicle
• the intent of the zoning by-law will not be maintained
Input From Other Sources
Development Control
Neighbourhood Petition
Date of report: October 11, 2011
Comments prepared by:
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Mila Yeung
Planner I
MY:RP:Id
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Enclosures
the applicant should not be given permission to
park within the City's right-of-way through this
minor variance
6 signatures
no objections to the parking of the truck on the
driveway of the subject property
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aV Principal Planner — Development Review
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Information Compiled from Applicant's
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Submitted Plan
P/CA 53/11
M. Rashid Iqbal 8� S. Zareen
io permrt a parKing
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Report to
Committee of Adjustment
Application Number: P/CA 55/11
Meeting Date: October 19, 2011
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 55/11
R. Pacione
5465 Hoxton Street
(North Part Lot 18, Concession 9)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3037, to permit a detached 3 car garage
to be located in the front yard, whereas the by-law requires all aocessory structures to
be located in the rear yard.
The applicant requests approval of this variance in order to obtain a building permit for
the proposed garage.
Recommendation:
The Planning & Development Department considers the detached 3 car garage to be
located in the front yard to 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 variance apply only to the detached 3 car garage, as generally sited
and outlined on the applicanYs submitted plans.
2. As part of the building permit submission, the applicant ensures that no
habitable space is proposed within the proposed detached garage.
3. That the applicant obtains a building permit for the proposed construction by
October 18, 2013, or this decision shall become null and void.
Report P/CA 55/11
Comment:
Official Plan and Zoning By-law
October 19, 2011
Page 2 -� 7
Pickering Official Plan —"Other Designation — Oak Ridges Moraine Countryside Areas"
and "Rural Settlements — Oak Ridges Moraine Rural Settlements"
Zoning By-law 3037 —"ORM-A and ORM-EP"
Appropriateness of the Application
Accessory Structure in Front Yard Variance
• the intent of the requirement to locate detached accessory structures in the
rear yard is to maintain the character of the area and to ensure adequate
access between the front yard and the rear yard of the lot is provided
• the proposed detached garage will provide sufficient separation between the
property lot lines and the proposed garage
• the proposed garage would not obstruct access between the front and rear
yards and have no adverse impact on the surrounding neighbours or
character of the neighbourhood
• the proposed garage is entirely in the "ORM-A" Zone
• the intent of the zoning by-law will be maintained
Date of report: October 5, 2011
Comments prepared by:
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Mila Yeung
Planner I
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Enclosures
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Ross Pym, MCIP, RPP
Principal Planner— Development Review
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Information Compiled from Applicant's
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P1CA 55/11
R. Pacione
PROPOSED EXISTING
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c�ty o�! Report to
20 ; ; Committee of Adjustment
I I Application Number: P/CA 56/11
IVleeting Date: October 19, 2011
From: Ross Pym, MCIP, RPP
Principal Planner — Development Review
Subject: Committee of Adjustment Application P/CA 56/11
K. & T. Corrigan
4873 Lorn Street
(Lot 52, 53, Plan 43)
City of Pickering
Application:
The applicant requests relief from Zoning By-law 3037 to permit an existing front yard
depth of 7.8 metres to the existing dwelling and to permit a lot area of 1,148 square
metres to facilitate a proposed land severance, whereas the by-law requires a minimum
front yard depth of 9.0 metres and a minimum lot area of 1,390 square metres.
The applicant requests approval of this variance in order to obtain zoning compliance
for a future land severance.
Recommendation:
The Planning & Development Department considers the front yard depth of 7.8 metres
to the existing dwelling and a lot area of 1,148 square 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:
That these variances apply only to the existing dwelling and proposed
severance, as generally sited and outlined on the applicanYs submitted plans.
2. That the applicant �esolves all matters of building compliance in relation to the
existing building and the proposed lot line to the satisfaction of the Chief
Building Official prior to receiving final clearance for a future land severance.
3. That the applicant obtains final approval from the Durham Region Land Division
Committee for consent for the proposed severance by October 18, 2013, or
this decision shall become null and void.
Comment:
Official Plan and Zoning By-law
Pickering O�cial Plan —"Rural Settlements — Oak Ridges Moraine Rural Hamlets"
within the Claremont Settlement
Zoning By-1aw 3037 — "ORM-R5"
Report P/CA 56/11.
Appropriateness of the Application
Front Yard Depth Variance
October 19, 2011
Page 2 ` 1
• the intent of the front yard depth of 9.0 metres is to provide an adequate
buffer space between buildings and street activity, and to provide an
adequate landscaped area at the front of the property
• the variance for a 7.8 metres front yard depth would apply only to the existing
covered porch
• the proposed variance would maintain the neighbourhood character in
Claremont, provide an appropriate buffer space and provide an adequate
landscaped area within the front yard of the property
• the intent of the zoning by-law would be maintained
Lot Area Variance
• the intent of the minimum lot area requirement is to ensure a usable lot size
that is compatible with the surrounding area
• the proposed lot area of 1,148 metres complies with the zoning by-law
requirement for minimum lot frontage, and therefore from street view the
property will maintain the character of the surrounding area
• the proposed lot area is in keeping with the size of existing lots within the
surrounding area
• the intent and purpose of the zoning by-law would be maintained
Input From Other Sources
Supervisor, Building Permits . the applicant should demonstrate via calculations
that spatial separation requirements in the
subsection 9.10.15 of the Ontario Building Code
are met, based on the location of the new
property/severance line
Date of report: October 7, 2011
Comments prepared by:
"" V G'�G' �GZ�Z�'�� BZ'�-'
Mila Yeung oss Pym, MCIP, RPP
Planner I Principal Planner — Development Review
MY:RP:Id
cofe/reponslmll �pcas9-1 t?oc
Enclosures
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To permit an existing
(ront ya�d depth of 7.8 I
metres to the existing
dwelling '��..
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Information Compiled from Applicant's
Submitted Plan
PICA 56/11
K. & T. Corrigan
m
�sy T
Bg „za
-7.8 m � —►
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41.4 m
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y
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PROPOSED
SEVERANCE
LINE
RESERVE AREA
500 5�. M
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I PRIME AREA
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g 500 SO M.
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To permit a lot area oi
11483 square melres
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This map was protlucetl by Ihe City oi Pickenng Planning & �evelopment DepaRment,
Planning Intormalion Services Mapping antl Oasign, Sept 2].2011.