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Home My WebLink AboutMay 2, 2012Committee ofi Adjustment Agenda Meeting Number: 5 Date: Wednesday, May 2, 2012 .. „=,� �� LL, -�,,�,�p`; � � _ , x �_� �tr_:_s _:n.,��.��.. � �- �� iui �� (III) Adop#ion of Agenda Adoption of Minutes from April 11, 2012 Committee of Adjustment Agenda Wednesday, May 2, 2012 7:00 pm Main Committee Room Page Number : Reports 1. {Deferred at the March 21, 2012 meeting) 9-13 P/CA 12/12 — C. Lazar 932 Vistula Drive (Lot 376, Plan M17} City of Pickering 2. PICA 16112 — R. Gosling 14-17 425 Whitevale Road (Part of Lot 24, Lots 25 to 27, Parts 5& 6, 40R-1139} City of Pickering (IV) Adjournment �CC�551b�� For information related to accessibility requirements piease contact P I C I� E f� �j � Lesley Dunne T. 905.420.4660, extension 2024 - TTY 905.420.1739 Email Idunne@pickering.ca . , :- _ ,,,, . i . =ti.�uj� ��'� - �- �ti, �., s� � :��! - - _ _._ � �►,__ ��__�.� Pending Adoption Present: Tom Copeland David Johnson — Chair Eric Newton — Vice-Chair 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 Eric Newton Committee of Adjustment Meeting Minutes Wednesday, April 11, 2012 7:00 pm Main Committee Room That the agenda for the Wednesday, April 11, 2012 meeting be adopted. Carried Unanimously Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton That the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday, March 21, 2012 be adopted. Carried Unanimously 1 �� , :i jn=�. , �;Gj�� = �.. , � -- -,- �,�, - iti, ��;: -:.!�a.3��.. . ��•�� (Ili} Reports Committee of Adjustment Meeting Minutes Wednesday, April 11, 2012 7:00 pm {Deferred from March 21, 2012 meeting) P/CA 06/12 — T. FielderN. Marshall — Amended 1892 Liverpool Road (Lot 16, Plan 492) City af Pickering Main Committee Room The applicant has amended the application and submitted a revised site plan that requests relief from Zoning By-law 3036 to permit the parking of 3 trailers and 2 personal vehicles on a lot (2 trailers and 2 personal vehicles to be parked in the front yard and 1 trailer to be parked in the rear yard), a rear yard depth of 0.3 metres to an existing accessory building in the rear yard and an accessory building lot coverage of 6 percent, whereas the by-law allows a maximum parking of 4 vehicles, a minimum accessary building rear yard depth of 1.0 metre to accessory structures that are greater than 10 square metres and maximum lot coverage af 5 percent for all accessory buildings. The applicant requests approval of these variances in order to establish zoning compliance. M. Yeung, Assistant Secretary-Treasurer outiined comments received from the City of Pickering Planning & Development Department recommending refusal. Terry Fielder, owner, was present to represent the application. No further representation was present in favour of or in objection to the applicati�n. Terry Fielder explained that in his interpretation of "majority of the front yard being surfaced" would be 50 percent or more in area and he has calculated the current gravel surtace in the front yard is approximately 31 percent (about 4 vehicles wide). Therefore, the statement of "the majority of the front yard has been surtaced for vehicle parking in a negative streetscape appearance" in the Planning & Development department's recommendation repor# should be denied. Terry Fielder also indicated that the property is welE under the maximum building iot coverage requirement of the by-law. The total building lot coverage including the house and accessory structures is only 12'/z percent whereas the by-law permits a maximum building lot coverage of 33 percent. In response to a questian from a Committee Member, Terry Fielder indicated there is a possibility for the trailers to be relocated but it would only be a temporary situation but he needs a permanent solution. � , . =:� ,,,�,., �,= ��i� �� __ -. J �.7"+�—r �.=o,rtB � �. . .._� w M �..�+ia�si+� ��_��.��II�� Moved by Shirley Van Steen Seconded 6y Bill Utton Com m ittee of Ad j ustment Meeting Minutes �� Wednesday, April 11, 2012 ` 7:00 pm Main Committee Room That amended application P/CA 06/12 by T. FielderN. Marshall, be Refused on the grounds that the parking of 3 trailers and 2 personal vehicles on a lot is a major variance thaf is undesirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. And That amended application PICA 06112 by T. FielderN. Marshall, be Approved on the grounds that an existing accessory building rear yard depth of 0.3 metres and an existing accessory building lot coverage of 6 percent are minor variances that are desirable for the appropriate development of the land, and in keeping wi#h the general intent and purpose of the Zoning By-iaw. Carried Unanimously 2. P/CA 12112 — C. Lazar 932 Vistula Drive (�ot 376, Plan M17) City of Pickering The applicant requesfs relief from Zoning By-law 2520 to permit a front yard depth of 6.0 metres and a side yard width of 0.6 metres to a praposed garage addition to the existing dwelling, whereas the by-law requires a minimum front yard depth of 7.5 metres and a side yard width of 1.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed garage addition. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recammending refusal for a side yard width of the 0.6 metres and approval for a front yard depth of 6.Q metres subject to conditions. Written comments were received from the City's Development Contro( Manager expressing downspouts should be directed so that drainage does not discharge onto the neighbouring property. Writ#en comments were also received from Claude Flint and Sylvia Nikodem of 934 Vistula Drive in objection to the application. �3 , _- ,. ,�,,..= � ��,�Gi�� _ _ �= ��,� � : �:._ s��! , . � ��_�/ �_�� Committee of Adjustment Meeting Minutes Wednesday, April 11, 2012 7:00 pm Main Committee Room Correspondence received from Claude Flint and Sylvia Nikodem, indicated concerns the construction will negatively impact the streetscape, the proposed garage may cause a significant run-off of rainwater onto their property and will negatively irnpact the amount of natural sunlight that is allowed onto their home. Claude Flint and Sylvia Nikodem also noted that it is unnecessary and unacceptable to grant a variance for the purpose of making it easier to park a large vehicle within the existing garage. Catinca Lazar, owner, Raul Apablaza were present to represent the application. Claude Flint of 934 Vistula Drive was present in objection to the application. further representation was present in favour of or in objection to the application. Catinca Lazar and Raul Apablaza explained the application and indicated the water runoff will drain to the front of the property and will not impact the overall development of the property. In response to a question from a Committee Member, Catinca Lazar explained the roof is #he same height as the existing garage and indicated that onfy the width and length is being extended and feels the addition would unlikely affect the natural light to the next door neighbour. Claude Flint presented pictures for the Committee Members to review and expressed concerns that the proposed garage addition would block the natural light coming into their kitchen and the potential root damage to the existing old pine tree during construction. Moved by Eric Newton Seconded by Bill Utton That application P/CA 12l12 by C. Lazar, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Vote Tom Copeland David Johnson Eric Newton Bill Utton Shirley Van Steen in favour in favour in favour in favour opposed Carried 0 C�� o� Committee of Adjustment �� Meeting Minutes n{ � � Wednesday, April 11, 2012 �a _ �r � 7:00 pm Main Committee Room 3. P/CA 13/12 — J. Pitino & D. Mullin 547 Rvdd Avenue (Block A, Plan 233, Part 1, 40R-19204} City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a front yard depth of 3.3 metres to a proposed staircase leading to a raised porch and front entrance and a flankage side yard width of 1.5 metres to a proposed detached dwelling, whereas the by-law requires a front yard depth of 7.5 metres and a flankage side yard of 4.5 metres. The applicant requests approvai of this variance in order to obtain a building permit far the proposed detached dwelling. 11lI. 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 and the City's Engineering Services indicating there are no current plans to open and maintain the road allowance that abuts the subject property. Written comments were received from Councillor Kevin Ashe in support of the staff recommendation. Form letters were also submitted from 15 neighbours indicating they have reviewed the application and are in full support and it will enhance the neighbourhood. .loe Pitino, owner, and Jermaine Lawrence, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Secanded by Bill Utton That application P/CA 13/12 by J. Pitino & D. Mullin, be Approved on the grounds #ha# the front yard depth of 3.3 metres to a proposed staircase leading to a raised porch and front entrance and the flankage side yard width of 1.5 metres to a proposed detached dwelling are minor variances that are desirable for the appropriate develapment of the land, and in keeping with the general intent and purpase of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed detached dwelling, as generally sited and outlined on the applicant's submitted plans. � �� a� Commit#ee of Adjustment �� Meeting Minutes �, � � � � � Wednesday, Apri! 11, 2012 7:00 pm Main Committee Room 2. That the applicant obtain a building permit for the proposed construction by April 11, 2014, or this decision shall become null and void. Carried Unanimously 4. P/CA 14/12 — V. 8� L Klukiewicz 865 Darwin Drive {Lot 25, Plan 40M-1628) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2918/88 to permit a rear yard depth of 2.5 metres to a proposed deck, whereas the by-law requires a rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed deck. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal to the rear yard depth of 2.5 metres and recommending approval to the rear yard depth of 5.7 metres to a proposed raised deck with guardrails, subject to canditians. Written comments were recei�ed fram the City's Development Gontrol Manager expressing no concerns. Written comments were received fram Gouncillor Ke�in Ashe in support of the staff recommendation. Written camments were also received from Edward Bennett of 856 Darwin Drive in support of the application. Vic Klukiewicz, owner, Adam Malley, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Maved by Tom Copeland Seconded by Bill Utton That application P/CA 14/12 by V. & L. Klukiewicz, be Refused on the grounds that the rear yard depth af 2.5 metres is a major variance that is 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 14/12 by V. & L. Klukiewicz be Approved on the grounds that the rear yard depth of 5.7 metres to a proposed raised deck with guardrails is a minor variance that is desirable for the appropriate development of the land, and in keeping wi#h the general intent�and purpase of the Zoning By-law, subject to the following conditions: 6 C�� o� Committee of Adjustment �� Meeting Minutes �� -� Wednesday, April 11, 2012 �� 7:00 pm Main Committee Room 1. Tha# this variance apply only to the proposed raised deck and guardrail, as generally sited and out4ined on the applicant's submitted plans. 2. That the applicant revise the proposed development to exclude guardrails in the design of the deck where the deck is under O.fi metres in height. 3. That the applicant obtain a building permit for the proposed construction by April 11, 2014, or this decision shall become null and void. Carried Unanimously 5. P/CA 15/12 — B. Gamble & J. Wilcox 484 Oakwood Drive {Part Lot 97, Plan 350, Part 1, 40R-2552} City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a new detached 3 car garage having a height of 5.6 metres and a flankage side yard width of 4.5 metres to the proposed garage, whereas the by-law permits a maximum accessory building height of 3.5 metres and requires a minimum flankage side yard width of 7.5 metres to an accessory structure. The applicant requests approval of this variance in order to obtain a building permit for the proposed detached 3 car garage and obtain zoning compliance for the existing flankage side yard width. M. Yeung, Assistant Secretary-Treasurer stated she received correspondence from B. Gamble notifying he is withdrawing the application. Written comments were received from Dan Drumm ond and Sherry Hoerster of 482 Oakwood Drive in objection to the application. A petition was also received with 10 signatures from surrounding neighbours opposed to the new detached 3 car garage. 1Nritten comments were also received from the City's Development Control Manager indicating they can support a 6.0 metres flankage side yard width to allow for future access from Milton Road, shauld it ever be extended, if a 4_5 metres flankage side yard is permitted a 0.3 metres reserve will be required to restrict future access to Milton Road and a grading permit will be required if the application is approved. 7 C�t� o¢� Committee of Adjustment �� Meeting Minutes a� � ��` � � Wednesday, April 11, 2012 7:00 pm Main Committee Room Correspandence received from Dan Drummond and Sherry Hoerster, indicated several concerns with the proposed detached garage, will it be used for fixing/repairing cars, rear yard access for emergency responders, snow removal, potential root damage during excavation and grading and an increase in water runoff into their rear yard and inground pool. Dan Drummond and Sherry Hoerster also noted that this is a rnajor variance and is unacceptable as it would create safety concerns, reduce quality of life and decrease property values. The applicant was not present to represent the application. Steve Hann of 479 Rougemount Drive and Dan Drummondof 4$2 Oakwood were present in abjection to the application. Moved by Bill Utton Seconded by Eric Newton That application P/CA 15/12 by B. Gamble & J. Wilcox, be Closed as the applican# has withdrawn the application. Carried Unanimously (IV} Adiournment Maved by Shirley Van Steen Seconded by Bill Utton That the 4th meeting of the 2012 Committee of Adjustment be adjourned at 7:35 pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 2, 2012. Carried Unanimously Date Chair Assistant Secretary-Treasurer 8 C��l a� Report to � ; ; Committee of Adjustment I KERI Application Number: P/CA 12/12 �� Meeting Date: May 2, 2012 (Deferred from April 11, 2012 meeting) From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 12/12 C.Lazar 932 Vistula Drive (Lot 376, Plan M17) City of Pickering Application: The applicant requests relief frorn Zoning By-law 2520 to permit a front yard depth of 6.0 metres and a side yard width of 0.6 metres to a proposed garage addition to the existing dwelling, whereas the by-law requires a minimum front yard depth of 7.5 metres and a side yard width of 1.5 metres. The applicant requests approval of these variances in order to obtain a building permit for the praposed garage addition. Recommendation: The Planning & Development Department considers a side yard width of 0.6 metres to a proposed garage addition to be a major variance that is 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 therefore recomrnends Refusal of the side yard width of 0.6 metres. /_Rl The Planning 8� Development Department considers a front yard depth of 6.0 metres 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 conditians: 1. That this variance apply only to the proposed detached garage that complies with the minimum side yard width �oning provision, as generally sited and outlined on the applicant's submitted plans. 2. That the appiicant obtain a building permit for the proposed canstruction by May 2, 2014, or this decision shall become null and void. Report P/CA 12/12 (Deferred from April 11, 2012 meeting) � �� Background: May 2, 2012 This application was heard by the Committee of Adjustment at the April 11, 2012 meeting. The Committee deferred the application to May 2, 2012 in order for the Committee to conduct a site visit of the subject property. Comment: Official Plan and Zoning By-law Page 2 Pickering Official Plan — Urban Residential Area — Medium Density Area within the West Shore Neighbourhood Zoning By-law 2520 — "R4" Appropriateness of the Application Front Yard Depth Vari�nce • the intent of the front yard depth of 7.5 metres is to provide an adequate buffer space between buildings and street activity, and to provide a� adequate landscaped area at the front of the property • the variance for a front yard depth of 6.O would apply only to the proposed garage addition which appears to provide an appropriate buffer space and provide an adequate landscaped area within the front yard of the property • the proposed variance would also maintain the neighbourhood character on Vistula Drive • the intent of the zoning by-law would be maintained Side Yard Variance • the intent of a 1.5 metres minimum side yard width is to provide an appropriate buffer space between structures on abutting properties • the proposed variance for a side yard width of 0.6 metre to the prvposed garage addition does not provide for adequate buffering between the existing structures on abutting properties • the applicant has provided no land use justification for the application and the proposal can be redesigned to accommodate the two car garage if this is the priarity of the owner • the praposed addition does not provide sufficient buffer space between structures and represents overdevelopment of the property • the proposed d�sign may impose negative visual impacts on the streetscape and it would be out of character with the neighbaurhood • the intent of the zaning by-law wauld not be maintained Report P/CA 12l12 (Deferred from April 11, 2012 meeting) Input From Other Sources Development Control Abutting Neighbour to the East at 934 Vistula Drive Date of report: April 25, 2012 Comments prepared by: i �� Mila Yeung Planner II MY:RP:Id catslreportsl2ot21pra12-12 aeremfo.ex Enclosures May 2, 2012 Page 3 downspauts should be directed so that drainage does not discharge onto the neighbouring property objects to the application due to the negative impact an the streetscape, the proposal causing a significant rainwater run-off onto their property and negatively impact the amount of natural sunlight into their home c�' � Ross Pym, MCIP, RPP Principal Planner — Development Review �� 2 Information Compiled From Applicant's Submitted Plan P/CA 12112 - C.Lazar 18.2m �r -_�=- EXISTING } SHEb ,;.,, ;, , ' I l��—� . EXlSTING --- _- POOL . �,; ... ...:.... :.... ..... .. . .: _.,a,-----�� . . --- I � �, , :'. , .� .-.�: � ,,. .... ,. , . , `� .-;_'__x_�_ _ � w 1� --»:--- ," 1 rn � 3 1.5m To permit a front yard depth of 6.Q metres ._.. , . .__._.u,____ . . -... _,� ._ ��:: �-��- :, iXISTING '� WELLlNG , 18.2m _ -- , , ,,; <. _ �. , _L_ - _ ( Y I. I I � .,, i. I � � � �,� M �„-, �...�.:. :'�'.1 ... rn vis�v�A�R�vE w rn �r 3 �3 To permit a side yard width of 0.6 meEres 6m N This map was produced by the city Of Pickering Planning R Develonmen7 Departmen�, Planning Intormation Services Divisioir Mapping and Desig�, Mac 23,2o12. �� Report to ,� � ' ' Committee of Adjustment �, I K Application Number: P/CA 16/12 Meeting Date: May 2, 2012 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustrnent Application P/CA 16/12 R. Gosling 425 Whitevale Road {Part of lot 24, Lots 25 & 27, Plan 21) City of Pickering Application: The applicant requests relief from Zoning By-law 3037, as amended by By-law 2677/88 to recognize front yard depths of 4.3 metres to an existing building, 3.3 metres to an existing covered deck & steps and 2.7 metres to an existing canopy, whereas the by-law requires a minimum front yard depth of 9.0 metres. The applicant requests appro�al of this variance in order to obtain site plan approval. Recommendation: The Planning & Devetopment Department considers the front yard depths of 4.3 metres to the existing building, 3.3 metres to the existing covered deck & steps and 2.7 metres to the existing canopy 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 building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain site plan approvaf for the proposed modification of the site by May 1, 2015, or this decision shall become null and void. Background: The Committee of Adjustment has previously approved the same variances for development of this property. Application P/CA 37/09 recognized front yard depths of 4.3 metres to an existing building, 3.3 metres to an existing covered deck & steps and 2.7 metres to an existing canopy. The applicant did not satisfy the condition of approval that required the applicant to obtain site plan approval therefore, the approval decision for P/CA 37/09 has lapsed. Report P/CA 16/12 Comment: Official Plan and Zoning By-law May 2, 2012 Page 2 Pickering Official Plan —"Rural Settlements — Rural Hamlets" within the Hamiet of Whitevale Zoning By-law 3037 as amended by By-law 2677/88— "HMC9" Appropriateness of the Application Front Yard Depth Variance • 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 within the front af the praperiy • the proposed front yard depth provides adequate buffer space between street activity and the building • the building, covered deck & steps and canopy are existing situations � the intent of the zoning by-law would be maintained Date af report: April 25, 2012 Comments prepared by: ` l� i� � Mila Yeung Planner II MY:RP:Id Go(ahepoA5/20171pca18-1Z.dDG Encfosures � . Ross Pym, MC I P, P Principal P(anner — Deveiopment Review �� Information Compiled From Applican#s Submitted Plan PlCA 16/12 - R. Gosling To recagnize a front yard depth ot To recognize a tront yard depth of 3.3 metres to a covered deck & step. 4.3 metres to an existing building. WHITEVALE — — �m..�.�:� �, --------- ._ - — — ---� _ "u}a. • �• � r �p3f . � • • � F d d � ..• ' ownei� � �•.• 0 'Q � � � I .• • � 1 � I�'� � g 4 / � I.. A � � � i:� ••. �: :•: ' 9�� _ i::: � „G ��vr� � �. � E.,�..,. ."'°"ie•wu�i.�w+ �� .�.a..... ...,. .�.r:-.----� �. u To �ecognize a front yard depth of 2.7 metres to an existing canopy. _ � . °L5 maeaauw .�� — � �� _ � ._�. �M.T�° \ p i .. �4 Iw�BaMEw�v EXISTING BUILDING e'�aw L6� anoN u I .. .��'� „i — ;;: � �;�;��. '��A; b9 '`:..n �� ../.. ".� � ' ' ��r • _ ' i:�:�:e:�:�. ' - � - - - :.�: - :;�.-. �:::.: �:-:.: .s. � .•�•:�•�'• �.. . . . . * •.'.•.� r�� ::�::�:::�:�:_:::::: :�i �. . . . . . YGnC . . . .�. .�. �'. "�." •FlEID • ::�e F.'.'. �'�'�'�'�'�".' �'�� .'.'.'.'.3 . . . 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