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Home My WebLink AboutMay 23, 2012Com m ittee of Ad j ustment Agenda Meeting Number: 6 Date: Wednesday, May 23, 2012 ., _ ,,, , W S ll.4LLl 1 �,�,� I.-� .�.. '�._ 7�... t= � �rrrt �- . ... ..■ r�a�� ea.3siu.. �:��l� Committee of Adjustment Agenda Wednesday, May 23, 2012 7:00 pm Main Committee Room Page Number (I) Adoption of Agenda �Ily Adoption of Minutes from May 2, 2012 1-4 (III) Reports 1. (Tabled at the February 29, 2012 meeting) 5-10 P/CA 08/12 — Norris Holdings Limited 17Q5 Wellington Street (Part �at 16 & 17, Plan 43, Part 6, 4QR-18850) City of Pickering 2. P/CA 18/12 — R. & R. Cariaso 526 Laurier Crescent (Lot 112, Plan 40M-1242} City of Pickering 3. P/CA 19112 — �PB Realty Inc. 1355 Kingston Raad (Part Lot 21, 22, Concession 1} City of Pickering 11-15 16-19 4. P/CA 20/12 — C. 8� G. Colambo 20-25 5271 Brock Road (North Part of Lot 18, Concession 9, Part 4&7, 44R-185563} City of Pickering 5. PlCA 21/12 — 1700539 Ontario Limited 26-31 1101A Kingston Road (Part of Lot 24, Concession 1, Part of Part 4, Part 5, Plan 40R-12678) City af Pickering (1V) Adjournment l�c�e��ibre For information related to accessibility requirements please contact �► - - Jean Finn � I�� E�� j T. 905.420.4660, extension 2023 �y °�..i .-° TTY 905.420.1739 Email jfinn@pickering.ca �'`Y � 1 1 .S' �rn ' ,�-��'i�_ �. ,� , »,�— � a. �I�;�:�.��. _��_�� Pending Adoption Present: Tom Copeland David Johnson — Chair Eric Newtan — Vice-Chair Bill Utton Shirley Van Steen Also Present: Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ��) (II) Adoption of Aqenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, May 2, 2012 7:00 pm Main Committee Room That the agenda for the Wednesday, May 2, 2012 meeting be adopted. Carried Unanimously Adoption of Minutes Moved by Shirfey Van Steen Seconded by Tom Copeland That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, April 11, 2012 be adopted. Carried Unanimously 1 � � „ - r ,�,,.. , -t��i� �� ” »,"� r,��..s �� i�+a1�� •��_�� (III} Reports P/CA 12/12 — C. Lazar 932 Vistula Drive (Lot 376, Plan M17) City af Pickering Committee of Adjustment Meeting Minutes Wednesday, May 2, 2012 7:00 pm Main Committee Room The applicant requests relief from Zoning By-law 2520 to permit a front yard depth of 6.d 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 proposed garage addition. M. Yeung, Assistant Secreiary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal for a side yard width of the 0.6 metres and approval for a front yard depth of 6.0 me#res subject to conditions. Written comments were received from the City's Development Control Manager indicating downspouts should be directed so that drainage does not discharge onto the neighbouring property. Written comments were also received from Claude Flint and Sylvia Nikodem of 934 Vistula Drive in objection to the application due to the negative impact on the streetscape, the proposal causing a significant rainwater run-off on their property and negatively irnpact the amount of natural sunlight into their hame. Catinca Lazar, owner, Raul Apablaza were present to represent the application. No further representation was present in favour of or in objection to the application. In response to the neighbours concerns, Catinca Lazar explained the addition will be the same height as the existing garage and feels it would not affect the natural light onto the neighbours property, the addition would improve the surrounding neighbourhooti and not provide negative impact, and the water run-off will be directed to the front of the building onto the driveway. 2 �� a� Committee of Adjustment �� Meeting Minutes r� �-- � Wednesday, May 2, 2012 7:00 pm � � Main Committee Room Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA '�2112 by C. Lazar, be Approved on the grounds that a front yard depth of 6.0 metres and a side yard width of 0.6 metres ta a proposed garage addition to the existing 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. That these variances apply only to the proposed detached garage as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by May 2, 2014, or this decision shall become null and void. Carried Unanimously 2. P/CA 16/12 — R. Gosling 425 Whitevale Road (Part of lot 24, Lots 25 & 27, Plan 21) City af Pickering The applicant requests relief from Zaning 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 8� steps and 2.7 metres to an existing canopy, whereas the by-!aw requires a minimum front yard depth of 9.0 metres. The applicant requests approval of this variance in order to obtain site plan approval. M. Yeung, Assistant Secretary-Treasurer outlined camments received from the City of Pickering Planning & Development Depar#ment recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Richard Gasling, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. 3 �:�: ,. - .,,. � .: t�al .��, __ �� — :_ � . ,�,.: _:�,.�:��;, - _ .� .�.� ��•�� Moved by Shirley Van Steen Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, May 2, 2012 7:00 pm Main Committee Ronm That ap�lication P/CA 16/12 by R. Gosling, be Approved on the grounds that the front yard ctepths 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 apprapriate 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 oniy to the building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain site plan approval for the proposed modification of the site by May 1, 2015, or this decision shall become null and void. Carried Unanimously (IV) Adiournment Moved by Bill Utton Seconded by Eric Newton That the 5th meeting of the 2012 Committee of Adjustment be adjourned at 7:10 pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 23, 2012. Carried Unanimously Date Chair Assistant Secretary-Treasurer 4 �,= t� �� - ��_ � — r§-: �� .:�� -�m � ��,� . CY� � From Report to Committee of Adjustment Application Number: P/CA 08112 Meeting Date: May 23, 2012 tTabled from February 29, 2012 meeting) Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Cornmittee of Adjustment Application PJCA 08112 Norris Halding Limited 1705 Wellington Street {Part Lot 16 8� 17, Plan 43, Part 6, 40R 18850) City of Pickering Application: The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit an existing lot frontage of 15.0 metres, a Iot area of 535 square metres, a west side yard width of 1.2 metres, a lot coverage of 36 percent and a rear yard depth of 2.5 rnetres to permit the conversion of the existing building into a 3 storey detached dwelling with a second storey rear yard deck, whereas #he by-law requires a lot frontage of 22.0 metres, a lot area of 1,390 square metres, a minimum side yard width of 1.8 metres, a maximum lot coverage of 20 percent and a minimum rear yard depth of 9.0 metres. The applicant requests approval of these variances in order to obtain a building permit. Recommendation: The Planning & Development Departrnent considers an existing lot frontage of 15.0 metres, a lot area of 535 square metres, a west side yard width of 1.2 metres, a lot coverage of 36 percent and a rear yard depth of 2.5 metres to permit the conversion of the existing building into a 3 s#orey detached dwelling with a second starey rear yard deck 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 Zoning By-law, and therefore recommends Refusal. �� Report PtCA Q8/12 (Tabled from February 29, 2012 meeting) Background: May 23, 2012 Page 2 This application was heard by the Committee of Adjustment at the February 29, 2012 meeting. The Committee tabled the application in order for the Planning & Development Department to receive all technical matters necessary to enable a full evaluatian of the application. Since the Committee of Adjustment meeting, Planning & Development Depar#ment Staff met with the applicant to discuss the development proposal optians. The applicant was informed by City Staff that there are concerns with the application, the need for a structural engineer and geotechnical study to ensure the existing building can accommodate extra load for the proposed 3 storey given the existing cistern underneath the building. As a result, the applicant indicated he understood the implications and will explo�e their options prior to proceeding with the application. After the mee#ing the applicant requested staff to proceed with the application as submitted. Comment: Official Plan and Zoning By-law Pickering Official Plan — Rural Settlements — Oak Ridges Moraine Rural Hamlets within the Settlement of Claremont Zaning By-law 3037 as amended by By-law 6640106 —"ORM-R5" Appropriateness of the Application • the intent of the by-law containing performance standards is to ensure proper use of a lot, appropriate amount of yard space (amenity area) uncovered by buildings, apprapriate amount of buffer space between dwellings on abutting properties and maintaining/establishing the character of a neighbourhood • the existing garage building on the property was originally built and used as the Claremont Fire Hall that housed the City of Pickering's fire trucks • althaugh the property is currently zoned for residential, the existing building is not intended for residential use and habitation but a fall hall use • the praposal to convert the existing building into a detached dwelling does not represent an appropriate building design for a residential use while being sensitive to the character of the neighbourhood • the conversion of the property to a residential use should be through the removal of the existing building and siting a new dweiling that is in keeping with the neighbourhood • the application does not represent appropriate development fa� the property • the intent of the by-law is not maintained Report P/CA 08/12 (Tabled from February 29, 2012 meeting) Inpu# From Other Sources May 23, 2012 Page 3 �� Region af Durham • no objection ta the applicatiqn Health Department • this is nat granting authorization for the construction of a private sewage system Chief Building Official . applicant must retain a structural engineer to evaluate the capacity of the existing building structure to receive the loads due to the proposed additional starey and provided structural details as part of any building permits application • a geotechnical investigation wil! be necessary to confirm the adequacy of the existing soil conditions, as well as the assaciated bearing capacity and constructian requirements • there is a cistern below the existing garage floor slab that extends throughout a significant portion of the floor area; the structural and geotechnical engineers should address this with respect to the foundation design • the plans do not identify any information for HVAC systems or rooms to house the equipment. This wil! need to be addressed for any building permit application that is submitted to the City • other items for the applicant to address at the permit stage include provisions for : 1. Fire separations and gas proofing befinreen the garage and the remainder of the house 2. Pa�t 12 Energy Efficiency Design, and 3. Spatial Separation calculations, among other technical requirements Date of report: May 16, 2012 Comments prepared by: '�G Mila Yeung Planner II MY: RP:Id cola/repo�s/2012/pca08-12-Tebled.doc Enclvsures �./ap � Ross Pym, MCIP, RPP Principal Planner— Development Review ___._. _�. 1 To recognize a lot frontage of 15.2 metres and a lot area of 535.9 square metres permit a side yard !th of 1.2 metres Information Compiled From Applicant's Submitted Plan PICA 08/12 - Norris Holdings Ltd. I�J�LLINC��0�1 ��`��" �.� �� :� � � I � ---� � �� --�r.z '.z 1 —� � � .:e-i � ::; .__ . ._._. . � � . ,___ . _ � � ✓.L' i ., �. � x ; � �� 1.� . I i11 ' , �� I ExiSrira� i aro�r � BFiIGtC � StUCCt? BUIILDiNCs I � _._ �.�, I _1 ;' ' � PP�PiOBEt� �( �; I fI'i DEGC ; �� : .�:..-_ � _} �_ , 'S.2 �1 � To permit lot coverage 36 percent permit a rear yard �th of 2.5 metres �� +Y This map was produced by the city of Pickering Planniny 8 Development Department, Planning Inlormation Services �ivision Mapping and Design, Feb.14,2042. � 0 Information Compiled From Applicant's Submitted Plan P/CA 08/12 - . Norris Holdinas Ltd. ' �,, � / ;-, \ __ - <, ��, i� _ `\. �` '� � -- — =-_ _ � �- = �; � i �� ; ' , ;� � , - , ,, 1,. _ — �:= ._=\ ; , ,.., ,<_t:� _.: ,,x�. . , _,.�v...- - --.� _ -� -_ . I ,. _ � � �_____. ,....�...._.. � ; -- -- ; � � �t> _-�_� . I ; �--_. .. j '— --- ', — -- : ? s: � _� �;: '��.i��' I - L:��; ? I -- Cl��,�'�.�J�. , ; ..�. �,a �� J ��;1C � - =: ,.�_ti .__ -- . ,_. ; ,.;. � � ..� .. - � ; �__ �. i ; .. �•. 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I .�...---- - � ---- �,_.. ,ff �_� -r - i � I i/�1,�� _- - - _J ; �/ �� , _— i ,if' � f � � - " %i�� '� , ' ., � , , 'i ,. _'., Y /,�l�j � 1�,. ° r � _.___ ; __ � ='�' — � � I a. � _.� i � ��' i -- - -- - ; �� — �- - - --- - - ,� .— . ,... ; ,,,: ;\ . __ ._. -- . �. , . .: This map was produced by ihe city of Pickering Planning & Develapment Department, Planning Intormation Scrvices Division Mapping and �esign, Feb.14,2012, C��r �� Report #o ' ; - Committee of Adjustment I r Application Number: PlCA 18/12 �� Meeting Date: May 23, 2092 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 18/12 R. & R. Cariaso 526 Laurier Crescent (Lat 112, Plan 40M-1242) City of Pickering Application: The applicant requests relief from Zoning By-law 3036, as amended by By-law 1289/81 to permit a rear yard depth of 3.3 metres to a proposed grade related covered deck attached to the existing detached dwelling 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 buiiding permit. Recommendation: The Planning 8� Development Department considers a rear yard dep#h of 3.3 metres to a proposed grade related covered deck attached ta the existing detached dwelling to be a minor variance that is desirable f�r the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the 2oning By-faw, and therefore recommends Approval af the proposed variance, subject to the following conditions: 1. That this variance apply only to the proposed grade related covered deck attached to the existing dwelling, as generally sited and outlined an the applicant's submitted plans. 2. That the applicant receive a building permit for the proposed covered deck by May 23, 2Q14, or this decision shaEl become null and void. Comment: Official Plan and Zoning By-law Pickering Official Plan — Urban Residential, Low Density Areas within the Amberlea Neighbourhood Zoning By-law 3036 —"S1" — as amended by By-law 1289181 A� � i Report P/CA 18/12 Background May 23, 2a12 Page 2 In 2009, the owners applied for a Minor Variance (File Number P/CA 03/09} to permit a rear yard depth of 3.3 metres to a proposed two-storey deck. The application was approved by the Committee of Adjustment, however the application lapsed since the owners did not receive a building permit for the proposed construction within two years of the date of the Committee's decision. Appropriateness of the Application Rear Yard Depth Variance • the intent of #he minimurn 7.5 metre rear yard depth is to ensure that a useable amenity space is provided in the rear yard and to provide an appropriate buffer space between dwellings on abutting properties • due to the prope�ty's irregular shape, the proposed covered deck will provide an adequate rear yard amenity space and would pravide appropriate buffers between the abutting neighbours • the visual impact wvuld be minimal from the reverse lot street due to the property's close pr�ximity to the Canadian National Railway (CNR) right-of-way, and the fact Rosebank Road is significantly elevated at the rear of the subject property • there is a sufficient buffer befirveen the proposed covered deck and the travelled portion of Rosebank Road, due to the railroad grade separation • the intent of the zoning by-law would be maintained Input From Other Sources Manager, Development Control Date of report: May 16, 2012 Comments prepared by: ��r = � �x�`. i � ��s.�il.� ar�vaod, MCIP„ PP Planner II � AY: RP:Id corarreponsr2owpcel S-'IZ.aoc Enclosures • lot drainage may be affected by the construction of the deck; acceptable drainage should be maintained to ensure it does not negatively impact adjacent properties WW Ross Pym, MC , RPP Principal Planner — Development Review � ,�� Information Campiled From Applicants " Submitted Plan P1CA 18/12 - R. 8� R. Cariaso � � � Y Z m w � � � -3.3rr , I � T i N� N; � � , 1� � 3'! g��"�� _ ;��--- /- . � ,� � ."� \ �.�� , , EXISTING ` . DWELLING ' � � �'' 'J �„A� � s �� `�' � 3$ 3� � � � PROPOSED � COVERED DECK �, To permit a rear yard depth 3.3 met�es to a proposed covered deck � z w U � w � U w � � Q J ,/ � 1 � i THiS MAP WAS PRODUGED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT �EPARTMENT, PLANNING INFORMATION SERVIGES DIVISION MAPPINGAND DESIGN, APRIL 30, 2012.. i� Information Gompiled From Applicants �ubmitted Plan P/CA 18112 - R. � R. Cariaso . � -. � .� . : , + .y..... ... _ ....... _. . � j �' 'l, 1 z ! . ' .. ; '-_ . aJ i --_ . ' } c I ��"F"' _ . � 1;'� � i . .. . . . ... . . . . .. . .. ... .. .i .. . . . ... _ ..... : ....... . _. -... . " ...._.. ..... 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South Elevation THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING 8 DEVEIOPMENT DEPARTMENT, PLANNING INF�RMATION SERVICES DIVISION MAPPING AND DESIGN, APRIL 30, 2D12.. �� D� Report to '` �' Committee of Adjustment � 1j ' ' I KERI Application Number: P/CA 19/12 Meeting Date: May 23, 2012 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Cammittee of Adjustment Application P/CA 19/12 OPB Realty Inc. 1355 Kingston Road (Part of Lots 21 and 22, Concession 1) City of Pickering Application: The appficant requests relief from Zoning By-law 3036, as amended by By-law 5994102 to permit an open air community market as a temporary use to be operated once a week from June to October of 2012, whereas the by-law does not specifically allow an open air community market as a perrnitted use on the subject property. The applicant requests approval of this variance in order to operate the open air community market in 2012. Recommendation: The Planning & Development Department considers the request to permit an open air community market as a temporary use, to be operated once a week from June to October of 2012, to be a minor variance that is desirable for the appropriate deveiopment of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approva! of the proposed variance, subject to the following conditions: 1. That this variance apply only to the open air community market, as generally sited and outlined on the applicant's submitt�d plans with this application. 2. That the variance shall apply from a period befirveen June 2012 to October 2012, and that this Decision shall become null and void on November 1, 2012. 3. That for the purpose of this variance an open air community market shal! be defined as an open area in which stalls, tent canopies, or sales areas are set aside and rented or otherwise provided where groups of individual sellers offer goods and produce, for sale to the public and will focus on food, arts and culture. Report P/CA 19/12 Comment: Official Plan and Zoning By-law May 23, 2012 _g � Page 2 Pickering O�cial Plan —"Mixed Use Area — Downtown Core" within #he Town Centre Neighbourhood — subject ta The Pickering Downtown Core and Kingston Road Urban Design and Development Guidelines Zoning By-law 3036, as amended by By-law 5994/02 —"MCA-1 ", "MCA-1 /CO-1 ", "MCA-1/CO-2" and "MCA-2" (Main Central Area) Appropriateness of the Application • this application is requesting the same variance the Committee of Adjustment approved on May 25, 2Q11 (PCA 17111 } that expired on November 1, 2011 • the intent of the by-faw is to provide a range of commercial and retail uses that are appropriate for the operation of a major shopping centre • the zoning by-law does not specifically permit a open air community market as a permit use however the use is compatible in the proposed location and will enhance the shopping options of the community • the timing and size of the open air community market should not consume needed parking spaces that would diminish the site's function •#he application is for a temporary use only for the next five months • while the subject appfication is considered to be a minor variance, the applicant should be requesting a change to the zoning of the property in order to permit the requested `open air market' as a permanent use • the intent of the zoning by-law would be maintained Date of report: May 16, 2�12 Comments prepared by: r�� Mila Yeung Planner II MY:RP:Id coFal2partsl201 Upce19-7 2.tloc Enclasures � � � Ross Pym, MCIP, RPP Principal Planner — Development Review � O� � O Q w • � . � ;- a _.� Information Compiled from Applicant's Submitted Plan P/CA 19/12 OPB Realty Inc. Z (KINGSTON ROADi THE KING'S HIGNWAY �� `^ __ .: ., _ r��`� �.._ iy. � : .., '��er •'� . � , ., " � .' . ' . • .r. � �. a - . . ' !e' .. .. � . . 1 � r �' ° '. •• mr " �� 1 �� !1 • � + ` /�'/lf,//': � `fi��, � a�� - irr��. �� PICKERING ��,�„��n�� - TOWN CENTRE ,,,,,. ' ;,....—v ��n�_ � � ��ru�ui T ��ffMff�HHIH�H � Nf1N1fHfHfNff�Hf�}N1{ -------::� ffff�fNff�{H}N�ff}{�' �� _ . �`�l ��+�+�+t�t�f��i. �.� ._ .:, �: j �, � �� ii��ru�„(�rri�� „�t �rq�q ' � s � � ��`o� �`� ��1�=` �� 1,,,, ; � �r�iuunnir; ""'I(Ilir� � � ��,��uur�,�n� m,rnrN�►u,�j�}�� ^ To permit an "Open air � Market" as a temporary ° _ permitted use to aperate = - once a week from June to - - October of 2012 IIIIUIlilllllillNilqfUl(illIIIIIIIUIIIlIIf��II II III! PICKERiNG PARKWAY � fiis mop �as pro0uced by fhe Clty aI Plckenng, Plonning R-Oevebpmenf Oeportmen4 /nformotion d� Suppert Services, April JO 201? Ci�y a� Report to ; ; Committee of Adjustment I KERII� Appfication Number: P/CA 20/12 r, � Meeting Date: May 23, 2012 �::: From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Cammittee af Adjustment Application P/CA 20/12 C. � G. Colombo 5271 Brock Road (Nvrth Part of Lot 1$, Concession 9, Part 4& 7, 40R-185563) City of Pickering Application: The applicant requests reiief from Zoning By-law 3037 to permit an existing lot frantage of 23.6 metres, an existing lot area of 0.4 hectare, a front yard depth of.11.6 metres and a north side yard width of 1.8 metres to a proposed detached dweiling and the conversion of an existing barn into a detached garage with a maximum building height of 7.3 metres, whereas the by-law requires a minimum lot frontage of 60 metres, lot area of 0.8 hectare, front yard depth of '(2.0 metres, side yard width of 3.0 metres and maximum building height of 3.5 metres for accessory structures. The applicant requests approval of these variances in order to obtain a buifding permi# for the praposed detached dweliing and garage conversion. Recommendation: The Planning & Development Department considers the existing {ot frontage of 23.6 metres, existing lot area of 0.4 hectare, a front yard depth of 11.6 metres and a north side yard width of 1.8 metres to a proposed detached dwelling, the conversian of an existing barn into a detached garage with a maximum building height of 7.3 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 P1an and the Zoning By-law, and therefore recommends Approval of the praposed variances, subject to the following conditions: 1. That these variances apply only to the proposed detached dwelling and barn conversion, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a demolition permit for the accessory structure beside the existing barn by May 23, 2013, or this decision shall become null and void. 3. Tha# the applicant obtain a building permit for the proposed construction and building conversiort by May 23, 2014, or this decision shall become null and void. 4. That the applicant submit a letter requesting that the currently tabled Committee of Adjustment application PICA 25/10 be closed as it is no Ionger required by September 26, 2012. Report P/CA 20J12 Comment: Official Plan and Zoning By-law May 23, 2012 Page 2 � �. Pickering Official Plan — Rural Settlements — Oak Ridges Moraine Rural Hamlets within the Settlement of Claremont Zoning By-law 3037 — "ORM-R5 & 4RM-EP" Appropriateness of the Application Lot Area and Lot Frontage Variance • the intent of the minimum lot frontage and minimum lot area requirement is to ensure a usable lot si�e that is compatible with the surrounding area • the Eo# is an existing lot of record that is a long standing existing situation prior to the passing of this by-law • the existing lot area and lot frontage appears to be in keeping with the �arying sizes of other lots within the surrounding neighbourhood • the intent of the zoning by-law wauld be maintained Front Yard Qepth Variance • the intent of the front yard depth of 12.0 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 11.6 metres front yard depth would apply onfy to the proposed garage whereas the rest of the dwelling would comply with the minimum front yard depth • 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 Side Yard Width Variance • the intent of the side yard width requirement is to maintain an appropriate buffer space between dwellings and adjacent lots, and to provide adequate access to the rear yard of lots • the proposed north side yard width of 1.8 metres appears to provide an appropriate buffer space befinreen dwellings and adjacent lots • the proposed south side yard width of 3.3 metres provides adequate access to the rear yard of the lot • the proposed north side yard reduction does not appear to have an adverse impact • the intent of the zaning by-law would be maintained Report P/CA 20/12 q, G�. Accessory Structure Height Variance May 23, 2012 Page 3 • the intent of the maximum accessory building height of 3.5 metres is to minimize the visuaf impact of accessory buildings on abutting properties and on the streetscape, and to ensure other yards are not significantly obstructed by these structures on #he property • since the struc#ure is an existing barn that is proposed to be converted into an accessory structure, there will be minimal to no visual impact on the abutting properties • the propased dwelling is to be built in front of the existing barn therefore there will be minimal to no visual impact of the accessory building on the streetscape • the intent of the zoning by-law wili be maintained Date of report: May 16, 2012 Comments prepared by: �� Mila Yeung Planner II MY:RP:Id �ra�allonSno i zr�zo-i z.doo Enclosures � Ross Pym, MCI , PP Principal Planner — Development Review �3 �A e�x `i � a� � �F � �. O IJ � �, � / Information Compiled From Applicants Submitted Plan PlCA 20l12 - C. 8� G. Colombo To recognize an existing lot frontage of 23.6 metres E � � , ��26.4m� ; r� � ;. .. ' ;%',�,/'�n,�\! 11.6m 1 e p, „ 4 t)? '� r ,:l{tt t x,��t � � c �, 5�.�!� 1(li;t �f t76 To permit a minimum north side yard width of 1.8 metres �g 6m �-- ~-_�=�_� � PF�OPOSEDIi, DWELLWG �; ��;•---� � � = _� r-- _...� � �.:,.,. ___--._ ,� ____..__-----.�.___.... M . 93.Srn ri To permit a minimum front yard depth of 'I9.6 metres To permit the conversion of an existing barn into a detached garage with a maximum building height of 7.3 metres 2� lrh � , .,. , ; � z2,2m ,�. ,; � � � � � Z � "� ' __._� , , _�_,___ , � �r � , .,. ��'C Q?q'J, �:T`3,; �,'..1. / .. �Cl�, � �ORM-RS��"� � � ��..�..�� ,,_�.� l.- N ORM-EP 1;� _� —_._ � ' ' ,,�_ ; -�,—z__ , --- -._ , ; To rewgnize an existing lot area of 0.� hectares +Y THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVIGES DIVISION MAPPING AND DESIGN, MAY 1, 2012.. � � 0 � Information Compiled From Applicants Submitted Plan P/CA 20112 - C. & G. Cotambo � ,.� ��..__-:, :�,_'r•_I _r :�-.:..-' > "i-:�• >,•.� ..�,- «,��.�� _ , West Elevation ��_.. 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MAY 1, 2012.. , ,,, :r A-�, ;�" `LL' �~'��'� � _, �,._. � ��_ : �}� � `�� From: Neil Carroll, MCIP, RPP Director, Planning & Development Report to Committee of Adjustment Application Number: PICA 21/12 Meeting Date: May 23, 2012 Subject: Gommittee of Adjustment Application P1CA 21/12 17Q0539 Ontario Limited 1101A Kingston Road (Part of Lot 24, Concession 1, Part of Part 4, Part 5, Plan 40R-12fi78) City of Pickering Application: The applicant requests relief from Zoning By-law 3036, as amended by By-law 6777/07 to permit a proposed commercial building that will have frontage onta an existing private right-of-way that connects to a municipal street, and provides a north building setback of 1.0 metre, a west building setback of 0.5 metres, and an east parking lot setback of 1.7 metres fram the limits of the "MU-22" Zone, whereas the by-law requires all buildings or structures on a lot to front onto an opened and maintained public street, a minimum north and west building setback of 3.0 metres from the property line and a minimum at grade parking Iot setback of 3.0 metres from the limits of the "MU-22" Zone. The applicant requests approval of these variances in order to obtain Site Plan Approval. Recommendation: The P{anning & Development Departrnent considers the proposed commercial building having frontage onto an existing private right-of-way that connec#s #o a municipal street, a north building setback of 1.0 metre, a west building setback of 0.5 metres, and an east parking Iot setback of 1.7 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 cammercial building and parking lot, as generally sited and outlined on the appiicant's submitted plans. 2. That the applicant receive Final Site Plan Approval for the proposed development by May 23, 2014, or this decision shall become null and void. Report P/CA 21(12 Comment: Official Plan and Zoning By-law May 23, 2012 Page 2 �? � Pickering Official Plan — Mixed Use Areas, Mixed Corridors within the Town Cen#re Neighbourhood Zoning By-law 3036 —"MU-22" — as amended by By-law 6777/07 Appropriateness of the Application Frontage onto an Opened and Maintained Public Street • the irttent that all lots have frontage on an opened public street maintained at public expense is to ensure that appropriate access is provided for individuals, services, and emergency vehicles, and to ensure orderly development of land • a private right-of-way which prov�des access to the Brookdale Centre (1105 Kingston Road) passes adjacent to the property at its easterfy limit • the development of the lands would be in keeping with the character of the immediate area • Site Plan Review wiEl ensure that appropriate access easements are granted in favour af the property, to the satisfaction of the City • should the subject property be merged in the future with the eastarly abut#ing praperty that fronts onto an opened and maintained public stree# (Kingston Road}, the property would then compfy with the frontage requirement of the by-law and this variance would no langer apply Building Envelope Setback Variance • the intent of the minimum 3.0 metre building envelope setback requirement in the by-faw is to maintain an appropriate buffer between the uses and activities on adjacent properties • an appropriate buffer would to be maintained between the subject property and the abutting properties to the narth and west since the reduced yard width only applies ta a"pinch point" in the north-west corner of the lot and to a loading dock an the west limit of the property • the material treatment of the loading dock component of the building will be addressed through the Site Plan review process • the intent of the zoning by-law would be maintained Report PICA 21/12 �� Parking Setback Variance May 23, 2012 Page 3 • the intent of the minimum 3.4 metre at grade parking lot setback requirement in the by-law is to maintain an appropriate buffer between zone boundaries on adjacent praperties and the private right-of-way • the proposed parking area will have an appropriate buffer space between the proposed parking spaces and the existing private aisle which services the Brookdale Centre • the proposed 1.7 metre parking setback would be in keeping with the character of existing parking setbacks on the east side of the private aisle • the intent of the zoning by-law would be maintained Input From Other Sources The subject application was reviewed by the City's Site Plan Review Committee on May 9, 2Q12 and they had no objection to the application. Date of report: May 16, 2012 Comments prepared t�y: `�-� ` PJCt17C ./ y earwood, IP, RPP Planner AY: NC:Id cnfWtepoAs201 Z/pce21-'12.doc Enclosures . ..,.. ..... .., ., ........ , . .. . Director, Planning & Development 1 :.: To permit an east parking lot setback of 1.7 metres Eh1S Information Compiled From Applicant's Submitted Plan P1CA 021/12 - 1700539 Ontario Limited J �oN ROP� 1��'S .__.-------'�— _. _ _. .. �-- —, .: , r--- . � � ��. i�ravcv,�c� I i � ( u�erwec.s � �s»ssu � flAPS yf- t � t dG A1 _IJi . `� , ✓ �, To permit a north and west � building setback of 1.0 metres,� ancf 0.5 metres respectively 1 �,.—��`�� , , 't l . �,:,::-._ , , � } f _ h, '� � i ' BLDG D " ' � �'F'ER9 �� , +�au� �aar 1 _ ; y— �rr•,� " � �;',y� nc �.� � t; 1 s. �'` 1 1 To permit the proposed building to front onto a private right-of- way /� 1 �- � 1 � I�SC ,,. . ! �1 lS , , ..- -� � � ��.� � /� ' �- . —_._' -- �� j ,_ �. ; `� l,_V U: ' I - l : '�_/ r�'"—�. - :/ / L_.'�1 C—:) � ['- / C� .i-7 C .:��,.� � "-+.� ,' ( ��- .. � . . . .. ,, . i ; , , ,(Y� . � \�._. � -.� -. ! 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