Loading...
HomeMy WebLinkAboutJuly 4, 2012Committee of Adjustment Agenda Cilq o~ Meeting Number:8 Date:Wednesday,July 4,2012 .I Committee of Adjustment Agenda Wednesday,July 4,2012 7:00 pm Main Committee Room 1-9 10-17 Page Number (I)Adoption of Agenda (II)Adoption of Minutes from June 13,2012 (III)Reports 1.Deferred from the June 13,2012 meeting PICA 17/12 -L.Saunders 817 Fairview Avenue (Plan 814,Lot 19) City of Pickering 2.PICA 29/12 -M.&L.Raponi 18-22 334 Fiddlers Court (Part of Lot 18,Plan 228,Parts 1 .and 2,Plan 40R-15374) City of Pickering 3.PICA 30/12 -K.&P.Locke 23-27 1321 Commerce Street (Lot 14,Plan 407) City of Pickering 4.PICA 31/12 to PICA 33/12 -Pickering Shores Development 28-39 550,560 &576 Gillmoss Road (Lots 9,12,20,Plan 40M-2469) City of Pickering 5.PICA 35/12 -Winster Investments Limited 40-44 415 Toynevale Road (Part of Lots 64 to 66,Part 1,Plan 40R-19738) City of Pickering 6.PICA 36/12 -J.&G.Breen 45-50 4993 Brock Road (Part of Lot 3,Plan 12,Part 1,Plan 40R-5734) City of Pickering (IV)Adjournment Accessible •__ PICKEP~.G For information related to accessibility requirements please contact Lesley Dunne T.905.420.4660,extension 2024 TTY 905.420.1739 Email Idunne@pickering.ca Pending Adoption Present: Tom Copeland David Johnson -Chair Bill Utton Shirley Van Steen Also Present: Ross Pym,Secretary-Treasurer Lesley Dunne,Assistant Secretary-Treasurer Absent: Eric Newton -Vice-Chair (I)Adoption of Agenda Moved by Bill Utton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday,June 13,20:12 01 7:00 pm Main Committee Room That the agenda for the Wednesday,June 13,2012 meeting be adopted. Carried Unanimously (II)Adoption of Minutes Moved by Shirley Van Steen Seconded by Bill Utton That the minutes of the 6th meeting of the Committee of Adjustment held Wednesday,May 23,2012 be adopted as amended. Carried Unanimously 1 Committee of Adjustment Meeting Minutes r)"0 2 Wednesday,June 13,2012 7:00 pm Main Committee Room (III)Reports 1.PICA 17/12 -L.Saunders 817 Fairview Avenue (Plan 814,Lot 19) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit an existing lot frontage of 7.6 metres,an existing lot area of 295 square metres,a front yard depth of 1.6 metre to a proposed attached garage,a north side yard width of 0.5 metres, a south side yard width of 0.9 metres,a proposed lot coverage of 42 percent,a setback of 0.9 metres to an existing accessory building,and an existing total accessory building lot coverage of 6 percent to allow for the construction of the proposed 3 storey dwelling that will be built behind the existing dwelling and converting the existing dwelling into an attached garage whereas the by-law requires a minimum lot frontage of 15.0 metres,a minimum lot area of 460 square metres,a front yard depth of 7.5 metres,north side yard width of 1.5 metres, south side yard of 2.4 metres,a maximum lot coverage of 33 percent,accessory building setback of 1.0 metres to all lot lines and maximum lotcoverage of 5 percent for all accessory buildings. The applicant requests approval of these variances in order to obtain a building permit for the constructions of the proposed 3 storey dwelling and garage. Secretary-Treasurer outlined comments received from the City of Pickering Planning &Development Department recommending refusal to the front yard depth of 1.6 metres and recommends that the application be amended to request a front yard depth.of 6.0 metres to a proposed attached garage.The Planning &Development Department recommended approval for the variances related to the proposed 3 storey dwelling,subject to conditions.Written comments were also received from the City's Development Control Manager expressing no concerns. Leslie &Garry Saunders,owners,were present to represent the application. Murray Nicholson of 816 Fairview Avenue was present to obtain additional information and expressed concern with rear yard access.Alexander Seres of 815 Fairview Avenue was present in favour of the application. Leslie Saunders explained the neighbour to the south was granted a similar variance a few years ago and there are other similar situations in the surrounding neighbourhood.In response to a question from a Committee Member,Garry Saunders explained they would like to start construction right away. 2 Committee of Adjustment Meeting Minutes Wednesday,June 13,2012 03 7:00 pm Main Committee Room Murray Nicholson questioned the appropriateness of the side yard width and the ability to access the rear yard with equipment. Moved by Bill Utton Seconded by Tom Copeland That application PICA 17/12 by L.Saunders,be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Unanimously 2.PICA 22/12 -R.Persaud 712 Aspen Road (Lot 1,40M-1711) City of Pickering The applicant requests relief from Zoning By-law 3036,as amended by By-law 3477/90 to permit a proposed second storey deck resulting in a rear yard depth of 17.1 metres,whereas the by-law requires a rear yard depth of 18.0 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed deck and dwelling additions. 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. Ramcharran Persaud,owner,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 PICA 22/12 by R.Persaud,be Approved on the grounds that the rear yard depth of 17.1 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 Official Plan and the Zoning By':'law,subject to the following conditions: 1.That this variance apply only to the proposed second storey deck,as generally sited and outlined on the applicant's submitted plans. 3 04 Committee of Adjustment Meeting Minutes Wednesday,June 13,2012 7:00 pm Main Committee Room 2.That the applicant obtain a building permit for the proposed construction by June 13,2014,or this decision shall become null and void. Carried Unanimously 3.PICA 23/12 -P.&F.Wreglesworth 115 Secord Street (Lot 10,Plan 40M-1762) City of Pickering The applicant requests relief from Zoning By-law 3036,as amended by By-law 4271/93 to permit a rear yard depth of 6.0 metres,whereas the by-law requires a rear yard depth of 7.5 metres. The applicant requests approval of this varian'ce in order to obtain a building permit for the proposed rear yard second storey deck. 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.Written comments were also received from Robert Smerage of 122 Thicket Crescent in objection to the application. Correspondence received from Robert Smerage indicated a concern with lack of privacy because Secord Street is at a much higher grade level than Thicket Crescent and decks and balconies already overlook into their backyard. Paul Wreglesworth,owner,was present to represent the application.No further representation was present in favour of or in objection to the application. Paul Wreglesworth explained there are other decks in the neighbourhood very similar to his proposed rear yard second storey deck.In response to a question from a Committee Member,Paul Wreglesworth indicated he has no objection to provide additional landscaping for screening purposes. Moved by Tom Copeland Seconded by Shirley Van Steen That application PICA 23/12 by P.&F.Wreglesworth,be Approved on the grounds that the rear 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,subject to the following conditions: 4 Committee of Adjustment Meeting Minutes Wednesday,June 13,201'2 05 7:00 pm .Main Committee Room 1.That this variance apply only to the proposed rear yard second storey deck, as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtain a building permit for the proposed construction by June 13,2014,or this decision shall become null and void. Carried Unanimously 4.PICA 24/12 -M.&S.Wetzel 1144 Meadowlane Crescent (Lot 68,Plan M1222) City of Pickering The applicant requests relief from Zoning By-law 3036,as amended by By-law 1228/81 to permit a rear yard depth of 1.2 metres and a south side yard width of 0.5 metres to a proposed and existing multiple level deck,whereas the by-law requires a rear yard depth of 7.5 metres and side yard widths of 1.2 metres. The applicant requests approval of these variances in order to obtain a building permit for the proposed multiple level deck. Secretary-Treasurer outlined comments received from the City of Pickering Planning &Development Department recommending refusal for a rear yard depth of 1.2 metres and approval for a south side yard width of 0.5 metres subject to conditions.Written comments were received from the City's Development Control Manager expressing no concerns. Michael Wetzel,owner,Bryan Norris,agent,were present to represent the application.No further representation was present in favour of or in objection to the application. Michael Wetzel submitted six letters from surrounding neighbours indicating they are fully aware of the variances being requested and the scope of work being proposed and have no issues with the application.Michael Wetzel provided pictures and explained to the Committee Members the different grade levels in the rear yard and that he has already planted 12 foot high cedars along the property line to address any privacy issues. 5 06 Committee of Adjustment Meeting Minutes Wednesday,June 13,2012 7:00 pm Main Committee Room Moved by Shirley Van Steen Seconded by Bill Utton That application PICA 24/12 by M.&S.Wetzel,be Approved on the grounds that the rear yard depth of 1.2 metres,south side yard width of a 0.5 metres to a proposed and existing multiple level deck are minor variances that are desirable for the appropriate development of the land,and in keeping with the general intent and purpose of the Zoning By-law and Official Plan,subject to the following condition: 1.That this variance apply only to the existing deck and stairs,as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtain a building permit for the proposed construction by June 13,2014,or this decision shall become null and void. Carried Vote Tom Copeland David Johnson Bill Utton Shirley Van Steen in favour opposed in favour in favour 5.PICA 25/12 -N.Bhaloo 1355 Brands Court (Block F,Plan M998,Part 10,40R-2015) City of Pickering The applicant requests relief from Zoning By-law 3036,as amended by By-law 4325/73 to permit the construction of a cover over.an existing deck,resulting in a lot coverage of 47 percent,whereas the by-law permits a maximum lot coverage of 33 percent.. The applicant requests approval of this variance in order to obtain a building permit and zoning compliance for the existing cover on a deck. 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 were submitted from eight surrounding neighbours indicting support to allow the construction of a cover over the'deck. 6 Committee of Adjustment Meeting Minutes Wednesday,June 13,2012 07 7:00 pm Main Committee Room Nizar Bhaloo,owner,was present to represent the application.Mrs.Maw of 1350 Glenanna Road was present in objection to the application. Nizar Bhaloo indicated eight letters of support were received from surrounding neighbours.In response to questions from Committee Members and a concerned neigbour,Nizar Bhaloo indicated the deck will not be enclosed, covered only,and it does not take up the entire backyard. Mrs.Maw questioned if the extension is going to take up the entire back yard and she also expressed concern with current construction taking place in the rear yard other then the covered deck. Moved by Bill Utton Seconded by Shirley Van Steen That application PICA 25/12 by N.Bhaloo,be Approved on the grounds that the lot coverage of 47 to permit the construction of a cover over an existing 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: 1.That this variance apply only to the existing covered deck,as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtain a building permit for the covered deck construction by June 13,2014,or this decision shall become null and void. Carried Unanimously 6.PICA 26/12 to PICA 28/12 -Geranium Homes Development Inc. 434 &429 Stag horn Road and 562 Maitland Drive (Lots 9,2 &11,Plan 40M-2470) City of Pickering The applicant requests relief from Zoning By-law 2511,as amended by By-law 6993/09 to permit: 1.PICA 26/11 a front yard depth of 3.5 metres to a covered porch attached to a proposed two-storey detached dwelling,whereas the by-law requires a minimum front yard depth of 4.5 metres. 7 08 Committee of Adjustment Meeting Minutes Wednesday,June 13,2012 7:00 pm Main Committee Room 2.PICA 27/11 a front yard depth of 3.1 metres to a covered porch attached to a proposed two-storey detached dwelling,whereas the by-law requires a minimum front yard depth of 4.5 metres. 3.PICA 28/11 a front yard depth of 3.3 metres to a covered porch attached to a proposed two-storey detached dwelling,whereas the by-law requires a minimum front yard depth of 4.5 metres. The applicant requests approval of these variances in order to obtain building permits for three proposed covered porches. 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. Paul Kennedy,agent,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 applications PICA 26/12 to PICA 28/12 by Geranium Homes Development Inc, be Approved on the grounds that the front yard depth of 3.5 metres (PICA 26/12), 3.1 metres (PICA 27/12)and 3.3 metres (PICA 28/12)for three proposed covered porches 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 variance apply only to the proposed covered porches,as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtain a building permit for the proposed construction by June 13,2014,or this decision shall become null and void. Carried Unanimously 8 Committee of Adjustment Meeting Minutes Wednesday,June 13,2012 09 7:00 pm Main Committee Room (IV)Adjournment Moved by Bill Utton Seconded by Tom Copeland That the 7th meeting of the 2012 Committee of Adjustment be adjourned at 7:55 pm and the next meeting of the Committee of Adjustment be held on Wednesday,July 4,2012. Carried Unanimously Date Chair Assistant Secretary-Treasurer 9 10 From: Subject: Application: Report to Committee of Adjustment Application Number:PICA 17/12 Meeting Date:July 4,2012 (Deferred from the June 13,2012 meeting) Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Application PICA 17/12 L.Saunders 817 Fairview Avenue (Plan 814,Lot 19) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit an existing lot frontage of 7.6 metres,an existing lot area of 295 square metres,a front yard depth of 1.6 metres to a proposed attached garage,a north side yard width of 0.5 metres,a south side yard width of 0.9 metres,a proposed lot c~verage of 42 percent,a setback of 0,9 metres to an existing accessory building,and an existing total accessory building lot coverage of 6 percent to allow for the construction of the proposed 3 storey dwelling that will be built behind the existing dwelling and converting the existing dwelling into an attached garage whereas the by-law requires a minimum lot frontage of 15.0 metres,a minimum lot area of 460 square metres,a front yard depth of 7.5 metres,north side yard width of 1.5 metres,south side yard of 2.4 metres,a maximum lot coverage of 33 percent,accessory building setback of 1.0 metres to all lot lines and maximum lot coverage of 5 percent for all accessory buildings. The applicant requests approval of these variances in order to obtain a building permit for the constructions of the proposed 3 storey dwelling and garage. Recommendation: The Planning &Development Department considers a front yard depth of 1.6 metres to an attached garage of a proposed 3 storey dwelling 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 recommends Refusal of the proposed variance. And Report PICA 17/12 (Deferred from the June 13,2012 meeting) July 4,2012 Page 2'"11 The Planning &Development Department recommends an amended front yard depth of 6.0 metres to the proposed attached garage. The Planning &Development Department considers the existing lot frontage of 7.6 metres, existing lot area of 296 square metres,an amended front yard depth of 6.0 metres, north side yard width of 0.5 metres,south side yard width of 0.9 metres,accessory building setback of 0.9 metres,accessory building lot coverage of 6 percent and a lot coverage of 42 percent 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 detached dwelling,as generally sited and outlined on the applicant's submitted plans subject to the revised front yard depth. 2.That the applicant obtain a building permit for the proposed construction by July 4,2014,or this decision shall become null and void. Background: This application was heard by the Committee of Adjustment at the June 13,2012 meeting.The Committee deferred the application in order for the Committee Members time to complete a site check of the subject property. Comment: Official Plan and Zoning By-law Pickering Official Plan -Urban Residential Areas -Low Density Areas within the Bay Ridges Neighbourhood Zoning By-law 2511 -"R4" Appropriateness of the Application Lot Frontage and Lot Area Variance •the intent of the minimum lot frontage and minimum lot area requirement is to ensure a usable lot size tlilat is compatible with the surrounding area •the subject property is an existing lot of record with a frontage of 7.6 metres and a lot area of 296 square metres that has been in existence for a long time •the intent and purpose of the zoning by-law would be maintained Report PICA 17/12 (Deferred from the June 13,2012 meeting) 12 July 4,2012 Page 3 Front Yard Depth Variances •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 an adequate landscaped area and parking space at the front of the property •parking spaces in front of garages are required to be completely on private property and not encroach onto the City's boulevard •given that the applicant proposes to construct a new dwelling,the applicant should be able to design to comply with the City's requirement for front yard parking on the private property •the recommended 6.0 metre front yard depth provides adequate buffer space between buildings and street activity,and provides adequate space for the parking of one vehicle •the recommended variance would maintain the neighbourhood character on Fairview Avenue,provide an appropriate buffer space and provide an adequate landscaped area within the front yard of the property •the requested 1.6 metre front yard depth is not desirable for the redevelopment of the property,would not maintain the intent of the zoning by-law and is considered a major variance •the revised front yard depth of 6.0 metres would meet the intent of the zoning by-law Side Yard Variances •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 widths of 0.5 metres and south side yard of . 0.9 metres are existing situations •the proposed side yards widths to the proposed dwelling is designed to comply with the existing side yard widths of 0.5 metres and 0.9 metres •the intent of the zoning by-law would be maintained Accessory Building Setback Variance •the intent of the zoning by-law for accessory buildings to provide a minimum 1.0 metre setback from lot lines is to ensure that adequate space is available for maintenance,that the eaves/overhangs do not encroach on adjacent properties, that roof drainage stays on the property,and that the visual impact on adjacent properties is minimize •the proposed setback of 0.9 metres to an existing shed provides adequate space for maintenance,and ensures overhangs and roof drainage stays on the property •the setback does not appear to have any adverse impact on adjacent properties •the intent of the zoning by-law is maintained ,--------------- Report PICA 17/12 (Deferred from the June 13,2012 meeting) July 4,2012 Page 4 13 Accessory Building Lot Coverage Variance •the intent of the 5 percent maximum accessory building lot coverage is to ensure the maintenance of an appropriate amount of amenity area uncovered by buildings and to regulate the amount of building floor area occupied by accessory buildings on a lot •the proposed lot coverage of 6 percent for the existing accessory building is an existing situation •the intent of the zoning by-law would be maintained Lot Coverage Variance •the intent of the maximum lot coverage requirement is to ensure the maintenance of an appropriate amount of amenity area not covered by buildings,and to regulate the amount of ground floor area constructed on the lot •given the size of the lot,the proposed 42 percent lot coverage would accommodate the construction of a moderately sized dwelling and is not considered overdevelopment given the existing small lot •an acceptable amount of amenity space uncovered by buildings and building floor area will be provided relative to the size of the lot •the intent of the zoning by-law would be maintained Date of report:June 27,2012 Comments prepared by: ~A~ Mila Yeung Planner II MY:RP:ld cofa/reportsI20121pca17-12 deferred.doc Enclosures &,~~p Principal Planner -Development Review 14 ~£~~)~, Il~~~rr I \.'<~~~~L '.JTHERAN -V.~ViB~~,tR ~~U111DDU SCHURCH -hiV~~~~~~~- ::::!\\~~~~~-o?JY 0 -«::..--::J ?J«I -0 -::2......SOUTH EAST SHORE:~~=;c ==~~IT 1CKE:R.'~'OMMUNITY com~::0 -.WAYF RER LAWN ANO --r- j =~'v.lANE"RAV{E ~-,~ 'AYSHO ~- ~ TOT LOT -f--- - ST.MARTIN'S STREET -c:::ANGLICAN I ~ CHURCH [~-- ,~••...."/f-- L -PATMORE.l.-~{v '-.-L NEDOUGLAS#3~«;~<v -0c=J '?"~-<3~~PARK a:::---II --r-- I----:J ____C'1l '--~;i:5 ~- -1--f-a.._f-?i r-- U I-- 7 ) HALLER AVENUE-w I I I I-:J((z-w-~- ,- ~II-BJECT -PROPERty ~--OLD ORCHARD AVENUE ~~/)--I--(f)-[5 -:)'-'a::: FRENCHMAN'S BAY I (f)5 :J ~I II ~a:::-0fl0 MONICA COOK -I II I I.a:::~ J .«- ~::2~I--- ~~ LUNA C(Jr:-f----II I I'BROWNING AVE."'"CJ(F ~~-11\y IIzJILONA PARK -~-~ffiffiffiE lL:<« \~III --f---.,., f---~t 1~11 WR~:EL ~ROAD I WATERP~~~T -j L Jf 11 STR ETI f---J l-f II I City of Pickering Planning &Development Department PROPERTY DESCRIPTION Lot 19,Plan 814 l'OWNER L.Saunders DATE Apr.27,2012 DRAWN BY JB FILE No.PICA 17/12 .SCALE 1:5,000 CHECKED BY MYr0~ource.:PN-RURTeranetEnterprisesInc.and Ita euppHere.All rights ReserVed.Not a plan of survey. 2012 MPAC and It.eUDDII••.•.All rioht.R•••rved.Not a Dian of Survev. Information Compiled From Applicants Submitted Plan PICA 17/12.L.Saunders 15 To recognize an existing frontage of 7.6 metres To recognize an existing accessory structure lot coverage of 6 percentTorecognizeanexistingnorthside yard width of 0.5 metres E 1.2m 0>o To permit a lot coverage of 42 percent To recognize an existing lot area of 296 square metres To recognize an existing front yard depth of 1.6 metres To recognize a setback of 0.9 metres to the south lot line THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT.PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN.APRIL 27,2012 .. 16 Information Compiled From Applican,ts Submitted Plan PICA 17/12 -L.Saunders r-----------'- E~ ,1 !' Front Elevation THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN,APRIL 27,2012 .. Information Compiled From Applicants Submitted Plan PICA 17/12 •L.Saunders 17 II E.•.... N.•.... ii- I Ii I --'\- First Floor-..Second Floor Third Floor THiS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN,APRIL 27,2012 .. 18 Report to Committee of Adjustment Application Number:PICA 29/12 Meeting Date:July 4,2012 From: Subject: Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Application PICA 29/12 M.&L.Raponi 334 Fiddlers Court (Part of Lot 18,Plan 228,Parts 1 &2,Plan 40R-15374) City of Pickering Application: The applicant requests relief from Zoning By-law 3036 to recognize a north side yard width and an east rear yard depth of 0.6 metres to an existing shed and to permit a south side yard width and an east rear yard depth of 0.4 metres to a newly constructed shed,whereas the by-law requires a minimum 1.0 metres setback to all lot lines for all accessory structures. The applicant requests approval of this variance in order to obtain zoning compliance. Recommendation: The Planning &Development Department considers the south side yard width and an east rear yard depth of 0.4 metres to a newly constructed shed to be a 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 of the proposed variances. And The Planning &Development Department considers the north side yard width and an east rear yard depth of 0.6 metres to an existing shed 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 existing rear yard shed located in the north east corner of the lot,as generally sited and outlined on the applicant's submitted plans. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Area -Low Density Areas"within the Rougemount Neighbourhood Zoning By-law 3036 -"R4" Report PICA 29/12 July 4,201~, Page 2 19 Appropriateness of the Application Accessory Structures Setbacks Variances •the intent of the zoning by-law requiring accessory structures higher than 1.8 metres in height to be 1.0 metre setback from lot lines is to ensure that adequate maintenance access is available to the sides of the structures,ensure that the eaves do not encroach on the adjacent properties,ensure roof drainage stays on the subject property,and to minimize the visual impact that their location may have on adjacent properties •the existing north and east setbacks of 0.6 metres for the existing shed in the north, east corner of the property provides adequate maintenance access to the sides of the structures,ensures that eaves do not encroach on the adjacent properties and ensures roof drainage stays on the property •the exiting storage shed located in the north east corner of the lot does not appear to negatively impact the adjacent properties as it has been in its current location for numerous years •the north and east setback of 0.6 metres to the existing shed in the north east corner of the property maintains the intent of the zoning by-law •the south and east setbacks of 0.4 metres to the newly constructed shed does not ensure adequate maintenance access is available to the sides of the structures and does not ensure roof drainage stays on the subject property •the setbacks of 0.4 metres appears to have an negative visual impact on adjacent properties and neighbouring residences •the 0.4 metres setback does not ensure that the eaves will not encroach on the adjacent properties and that roof drainage is controlled on the subject property •,the newly constructed shed could be relocated to be in compliance with the zoning by-law •the intent of the by-law would not be maintained Date of report:June 27,2012 Comments prepared by: ~~ Planner" MY:RP:ld cofaJreports/20121pca29-12.doc Enclosures j/oMf?,n Ross Pym,MCIP,RPP Principal Planner -Development Review ~\ \ \ ",", I ~II \\~ I I Ei::J_I 8 ROUGE HILL ~ ---j "I \ II SHEPPARn /;..11'"C" I l ~ w>0::o I-Z::Jo~w"::Joa::: \ r--- - \ I - - S'"~~) I II ,,,,,,"CUI/,R,,",,II ,,,,I ,,1 , \~,..r-- "----I - ELIZABETH B.PH IN PUBLIC SCHOOL,I FIDDLERS I ,,,'. r-"\ TOMLi 1\SON CRT • ~ ~ E?\~~'\ ~~\'-. BROOKRIDGE ~~'")..\I 1 ~1 CHURCH ~I-- OF THE r----'/'""'--NAZARENE TI J '--_ Planning &Development Department , I DRIVE \ ~I I oI(j 0:::'~ ,,,, I STREET ,, - IIv....STREET - .-~~EH~NJ ~=O~'----,..---- f-- -Of-- <{f-- CRESCENT ~'-- w- --1_(3- ~f--- LEI-- --.------ ST.MONICA's SEPARATE SCHOOL - I - II 111, 0::: W>g .--I STOVERI=/r ---- I ,,,, TWYN RIVERS RD ---- ELL -- ~~[=J-a::: -0 Rib ..\ARDSON CENT ,..--- I-- I ~RK -I HOOVER DRIVE \~~I/\'-~ll ~y;=r-o """Z /<1;/-- ~~~DOLYN '\~(Q..I I -'"~I'~S~REET ~W \-6<~0-'J....--DRIVE;==~r1 o~K\~==~~.=f---<_-Sj -,..-5 _ _[T1 ....--I_:z VALLEY GATE f---I r-\f---f--r=:\f--rA~\-}-~~ City of Pickering 20 PROPERTY DESCRIPTION Part Lot 18,Plan 228,Part 1,40R-15374 OWNER M.&L.Raponi FILE No,PICA 29/12 DATE June 7,2012 SCALE 1 :5,000 DRAWN BY JB . CHECKED BY MY a a ~ou,.ces: ~~Tercnet Enterprises Inc.and Its ltuppH.,...All MOhts.Reserved.Not a plan of survey. ~2012 """'PACand It ••uppll.rw.All right.R •••rv.d.Not a Dian of Surve .PN-5 21 Information Compiled from Applicant's Submitted Plan PICA 29/12 M.&L.Raponi EXISTING \rt1 SHED ~0.6m To recognize a 0.6 metre setback PROPOSED~~'04SHED.m~._------,--. Q''1 ~3 54.8m 54.8m ~+.IT0:::1 : ~0 () C/)l-E ,N0:::I'.'"W l~ .....J r0 0-LL To permit a 0.4 metre setback This map was produced by the City of Pickering Planning &Development Department, Planning Information Services division Mapping and Design,June 19,2012. 22 Information Compiled from Applicant's Submitted Plan PICA 29/12 M.&L.Raponi ~/. ///.....-'."'--.".-.,.'T'.:r=ll .I iiW EN N' I GAA~_',~'_~lL..-..34---.L.- ,\1 SaNa TUBE FOOTINGS , WEST ELEVATION ../"t-..•/'/"",,- ..•..•.•/'''-''-"~t -'....:--------H I"30m "I ~ 'c'..,.----.----GRADE-~-'-l:J;~'-'-'-/-U'~-- SaNa TUBE FOOTINGS SOUTH AND'EAST ELEVATION This map was produced by the City of Pickering Planning &Development Department, Planning Informalion Services division Mapping and Design,June 19,2012, Report to Committee of Adjustment Application Number:PICA 30/12 Meeting Date:July 4,2012 ')3 "" From: Subject: Application: Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Application PICA 30/12 K.&P.Locke 1321 Commerce Street (Lot 14,Plan 407) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a rear yard depth of 3.8 metres to a proposed rear deck extension,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 zoning compliance. Recommendation: The Planning &Development Department considers the proposed rear yard depth of 3.8 metres to a rear deck extension 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 condition: 1.That the variance apply only to the proposed rear deck extension,as generally sited and outlined on the applicant's submitted plans. Comment: Official Plan and Zoning By-law Pickering Official Plan -Urban Residential,Low Density Areas within the Bay Ridges Neighbourhood Report PICA 30/12 24 Zoning By-law 2511 -"R4"-Fourth Density Residential Zone Appropriateness of the Application Rear Yard Depth Variance July 4,2012 Page 2 •the intent of the minimum 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 •the lot is square-shaped and the dwelling is generally situated in the centre of the property •the proposed deck extension will occupy only a small portion of the rear yard, which will provide sufficient useable amenity area surrounding the deck •the height of the proposed deck extension is approximately 0.5 metres from established grade •tall trees exist along the rear property line which provides privacy from the rear abutting neighbours •an appropriate buffer space between dwellings will be maintained •the intent of the zoning by-law would be maintained Date of report:June 27,2012 R~+2. Ross Pym,MCIP,~ Principal Planner -Development Review AY:RP:ld cofaJreports/20 12/pca30-12 .doc Enclosures 25 < l' Planning &Development Department DATE June 12,2012 DRAWN BY JB SCALE 1 :5,000 CHECKED BY MY City of Pickering PROPERlY DESCRIPTION Lot 14,Plan 407 OWNER K.&P.Locke FILE No.PICA 30/12 ) =~_F~II v 1'~~PARK ~~~T ~~ __OLD ORCHARD AVENUE 6 0"'0 ~----1 IV\ =3e-~I\I ~j/~~/.~/ ~~i5 ~~~'/I I /I II I I I !3;'lir--0 MONICA COOK -l II I ~"......BOULEVAR[ gs I--===i""LUNA CRT.--I f--BROWNING AVE.'\.II I -_'"B=~-ill\'\.I FOXGLOVE AVENUE =,'"tr I---~.b ILONA PARK -a I -T BALATON ~ ~II c--~-nn -HOLY ~j ~~=:{~\ \'l;lA'I'IFtW ::riREELeiZ ROAD REDEEMER I---z SHEARER -~'2'..1 '1'1 T SEPARATE LA~E -\-i: ~ATERP ~NT -i I I.-,SCHOOL ~= STF~__-~I---\.....D6VE -~~= ~'::OMMERCE ,_,P I---ti ="-,\W I -STREET •"&;;n I ~-\I -PARK -1---- -S-\COMMERCE STREET COMMERCE STREET r---I \ PRO ESS 1 .~~I----n ~-COLMAR FRE:Jfy ~~'\;~-~--;'ROADVIEW STR~~=c--z-J~ PA ~~~_--ftj~-~E::=r::::1\} ~~NLA-:r -STREET ~~O}=~O~-FW =~r-I = FRENCHMAN'S BA Y STREETl~W=:\~!/ ~\]]Jt==~~~(!l \~~g~ ~~ I(r--:=~1\co _ ___II I~~)o,. LAKE ONT:'O ~\~ c~a _~_oul"'c"a:18 -Tor-gnet Enterprlaes Inc.end Ita auppllens.All rights Reserved.Not a plan of survey. ~20'2 MPAC and It ••uppll.,...All r.f<:i"ht.R•••rved.Not a -plan of Survev'-PN.3 26 Information Compiled from Applicant's Submitted Plan PICA 30/12 K.&P.Locke COMMERCE STREET 26.6 m ------------.---t r 3.9m •.• Existing Deck To permit a 3.8 metre rear yard depth •.•2.6m E EXISTING DWELLING ! I E Proposed Deck This map was produced by the City of Pickering Planning &Development Department, Planning Information Services division Mapping and Design,June 19,2012. 27 Information Compiled from Applicant's Submitted Plan PICA 30/12 K.&P.Locke s- I I I I != I I EI -~-- N 1 E EXISTING DWELLING o12.0 m--+II 4.8 m l 1 1 4.2 m i j~- WEST ELEVATION This map was produced by the City of Pickering Planning &Development Department. Planning Information Services division Mapping and Design.June 19,2012. 28 Report to Committee of Adjustment Application Number:PICA 31/12 to PICA 33/12 Meeting Date:July 4,2012 From: Subject: Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Applications PICA 31/12 to PICA 33/12 Name Application #Address Legal Description PCA 31/12 550 Gillmoss Road Lot 9,Plan 40M-2469 Pickering Shores PCA 32/12 560 Gillmoss Road Lot 12,Plan 40M-2469DevelopmentInc. PCA 33/12 576 Gillmoss Road Lot 20,Plan 40M-2469 Application: The applicant requests relief from Zoning By-law 2511,as amended by By-law 7082/10 to permit: 1.PICA 31/12 an east side yard width of 0.6 metres to a proposed two-storey detached dwelling,whereas the by-law requires a minimum side yard width of 1.2 metres. 2.PICA 32/12 a north side yard width of 0.6 metres to a proposed two-storey detached dwelling,whereas the by-law requires a minimum side yard width of 1.2 metres. 3.PICA 33/12 a south side yard width of 0.6 metres to a proposed two-storey detached dwelling,whereas the by-law requires a minimum side yard width of 1.2 metres. The applicant requests approval of these variances in order to obtain building permits for each lot. Recommendation: The Planning &Development Department considers the side yard widths of 0.6 metres for three proposed two-storey detached dwellings on three separate lots 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 of the proposed variances. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas"within the Rosebank Neighbourhood Zoning By-law 2511 as amended by By-law 7082/10 -"S3-7"-Single Detached Dwelling Report PICA 31/12 to PICA 33/12 Appropriateness of the Application Side Yard Width Variances July 4,2012 Page 2 29 •the intent of the side yard width requirement is to maintain an appropriate buffer space between dwellings and adjacent lots,to provide adequate access to the rear yard of lots and to establish or maintain the streetscape character of the neighbourhood •the proposed 0.6 metre side yard widths will not provide an adequate buffer space between street activity and the buildings •the proposed 0.6 metre side yard widths will not provide sufficient access into the rear yards •the proposed 0.6 metre side yard widths will not be in consistent in terms of building separation with the proposed neighbourhood character •the proposed lots are within a brand new subdivision that was recently approved by the Ontario Municipal Board (OMB) •the OMB approved zoning by-law establish performance standards that was accepted by all parties and formed part of Minutes of Settlement of the OMB Decision •the applicant should be designing to comply with the brand new zoning by-law •the intent of the zoning by-law would not be maintained Date of report:June 27,2012 Comments prepared by: ~~ ROSS~,MCI~. Principal Planner -Development Review RP:ld cofalreports/20121pca 31-12 to pea 33.12.doc Enclosures 30 GONSERVA nON AREA PETT/GOA T GREEK Planning &Development Department Z~ ~~s N8RT r\~~~.I I / '0f!3~;j0:: t---GILL ~A - g;1---1-- Z ZI----51--t3W-(/) D:::Wf---o D:::o _0:;;-- - - o ~~£MOR/AL PARK CIRCLJ"", 00"''''~-T:1'1 ~::::-':J A t 0 :tJ-r--0 CO RT I---=-~1- « -l I«o L-GILLMOSS ROAD ~"\rr ~~~.\\DRIVE ~_1/# f \f---ot--]k/l\1rO 0 ~~r-~r-i1?tP~\11)\<-,..~\~I \NOMAD RD.~\-111 Jeff\\1\/ ?J\:><:/ 0\~/b\m W /t:~J t=/ I In. I-Z Wo (/) WD:::o I I oo W~=jT ~- I I MAITLAND D~E II ~ I I 151--~r--:J~~r I~II STAGHORN ROAD-11 ~: I I I ooo5::><:« \t--0 I \[IrT ROUGEMOUNT ~ J I I \ \ I I - - --- ,\\ \ \R VGE \P K1",Ji!./ City of Pickering - -W-I ~~ DRIVE I~ PROPERTYDESCRIPTION Plan 40-M2469,Lot 9,12,20 OWNER Pickering Shores Development Inc. FILE No.PICA 31/12 to PICA 33/12 DATE June 12,2012 DRAWN BY JB SCALE 1 :5,000 CHECKED BY MY ~aT:,:~~tCE~~erprlses Inc.and Ita suppliers.All riQhta Reserved.Not a plan of survey. 2012 MPAC and It.eUDDliere.All rignt.Re••rved.Not a plan of Survey.PN.1 31 Information Compiled From Applicant's Submitted Plan PICA 31/12 Pickering Shores Development Inc. Eco cx:i..q- l I GILMOSS ROAD To permit an east side yard width of 0.6 metres THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES MAPPING AND DESIGN,JUNE 18,2012. 32 Information Compiled From Applicant's Submitted Plan PICA 31/12 Pickering Shores Development Inc. / / / / / / / / /.' //.',,, // / /./ FRONT ELEVATION THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES MAPPING AND DESIGN,JUNE 18,2012. 33 Information Compiled From Applicant's Submitted Plan PICA 31/12 Pickering Shores Development Inc. WEST SIDE ELEVATION !' EAST SIDE ELEVATION THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES MAPPING AND DESIGN,JUNE 18,2012 34 Information Compiled From Applicant's Submitted Plan PICA 32/12 Pickering Shores Development Inc. To permit a north side yard width of 0.6 metres 34.7m Eo N I I I I:l I SJEI.I I I ,f"...,I:,•t I '-••«-•.,__•«__••.....£)!t _..~l . •,••.•,.-.-•••••.••.)1;1' I,,,, PROPOSE 2 STORE,~..__...I DWELLIN 27.1m GILMOSS ROAD THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES MAPPING AND DESIGN,JUNE 18,2012. 35 Information Compiled From Applicant's Submitted Plan PICA 32/12 Pickering Shores Development Inc. FRONT ELEVATION THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES MAPPING AND DESIGN,JUNE 18,2012. 36 Information Compiled From Applicant's Submitted Plan PICA 32/12 Pickering Shores Development Inc. NORTH SIDE ELEVATION SOUTH SIDE ELEVATION THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES MAPPING AND DESIGN,JUNE 18,2012. ')s;:> EL{) N 37 Information Compiled From Applicant's Submitted Plan PICA 33/12 Pickering Shores Development Inc. GILMOSS ROAD 37.4m PROPOSED [_.,,- 6~~~~~~'Jr-----)...J 6.2m 39.2m E~o To permit a south side yard width of 0.6 metres THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES MAPPING AND DESIGN,JUNE 18,2012. 38 /:/ Information Compiled From Applicant's Submitted Plan PICA 33/12 Pickering Shores Development Inc. /'.•......•..•.....•..•...•.... ." FRONT ELEVATION THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES MAPPING AND DESIGN,JUNE 18,2012. 39 Information Compiled From Applicant's Submitted Plan PICA 33/12 Pickering Shores Development Inc. NORTH SIDE ELEVATION •...__._-,-'---~..--".---_....-=--...":..'--' I SOUTH SIDE ELEVATION THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES MAPPING AND DESIGN,JUNE 18,2012, 40 Report to Committee of Adjustment Application Number:PICA 35/12 Meeting Date:July 4,2012 From: Subject: Application: Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Application PICA 35/12 Wintser Investments Limited 415 Toynevale Road (Part of Lots 64 to 66,Part 1,Plan 40R-19738) City of Pickering The applicant requests relieffrom Zoning By-law 2511,as amended by By-law 1399/81 to permit a maximum of 73 children in a Day Nursery facility for the daytime care of children and a total of 300 children and students enrolled in either a day nursery or a private non-residential school at anyone time,whereas the by-law permits a day nursery facility for the daytime care of not more than 40 children at anyone time and a maximum total of 150 children and students enrolled in either a day nursery or a private non-residential school at anyone time. The applicant requests approval of this variance in order to obtain zoning compliance to receive site plan approval. Recommendation: The Planning &Development Department considers a maximum of 73 children in a Day Nursery facility for the daytime care of children and a total of 300 children and students enrolled in either a day nursery or a private non-residential school at anyone time 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 day nursery and private non-residential school,as generally sited and outlined on the applicant's submitted plans. 2.That the owner provide detailed building plans or information to ensure the building complies with the Ontario Building Code related to the proposed number of children and students to the satisfaction of the Chief Building Official prior to the issuance of any building permit for the property. Report PICA 35/12 Background: July 4,2012 Page 2 41 The Committee of Adjustment previously approved an application for the subject property to permit 150 total number of children and students enrolled in either a day nursery or a private non-residential school at anyone time by Committee of Adjustment Decision PICA 78/86 on October 15,1986.Therefore,the maximum number of children and students permitted in the school is 150 and not 100 as stated in the Notice of Public Hearing. The Committee of Adjustment also previously approved minor variance application PICA 10/10 on May 19,2010 for the subject property to permit a side yard width of 3.9 metres to a proposed addition to the existing building and 0 bus parking spaces on-site.This Decision was appealed to the Ontario Municipal Board (OM B). The OMB held a hearing on August 30,2010 and issued its Decision on September 9,2012.The Board granted approval of these variances subject to a site plan application that included an appropriate landscaping plan.The applicant has since submitted a site plan application for the construction of the proposed new addition and a proper landscaping plan.In the City's review of the site plan application,the plans indicated the total number of students being 297 and thereby does not comply with the by-law.Consequently,this minor variance application is required to recognize the existing number of students attending the school.The applicant indicated that the school has been fu!",ctioning at the 297 students capaCity for the past 4 years and is seeking to obtain zoning compliance for site plan approval. It is noted that the only actual construction proposed is the addition that was approved by the OMB as a result of Committee of Adjustment application PICA 10/10. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Area -Low Density Area"within the Rosebank Neighbourhood Zoning By-law 2511 as amended by 1399/81 -"R4(DN)" Appropriateness of the Application •the intent of limiting the number of children permitted within a day nursery is to ensure that there is adequate area within the building and that adequate parking spaces,amenity area and drop-off/pick-up area is provided on-site for the permitted use •there appears to be adequate building area,parking space,amenity area and drop-off/pick up area provided on-site Report PICA 35/12 42 July 4,2012 Page 3 •the property provides the zoning by-law required number of parking spaces for the increased student yield •there have been no negative impacts regarding the overall site function and operation of the day nursery •the student capacity is an existing situation that needs to be recognized •the intent of the zoning by-law is maintained Date of report:June 27,2012 Comments prepared by: ~~ Mila Yeung Planner II MY:RP:ld cofa/reportsI20121pca35-12.doc Enclosures ~~Pp' Ross Pym,MCIP,RPP Principal Planner -Development Review 43 ~IT ~ - II 0«0~,-"'-----. « -lI«o -I-z//-~Y-w-~U I-Z W U(/Jw~ U oow ~=j7/-J I ~I MAITLAND DRIVE III r-- I I I TOYNEVALE R ooo~~«o I I---- r-- r-- I-- r-- r-- I------~b ~= ~I 03-JI w- --=1 8- --J l~~- STAGHORN ROAD CO'I ---1~:~ \r-- \I I---- I I r-- Planning &Development Department DATE June 12,2012 DRAWN BY JB SCALE 1 :5,000 CHECKED BY MY I -~-~Z=>o -2 I '\. ~\\\ \"t\c:.\%\.9-_\ City of Pickering PROPERTY DESCRIPTION Plan 350,Pt.Lot 64,65,&66 OWNER Wintser Investments Limited FILE No.PICA 35/12 TOYNEVALE ROAD ~~I -l I -~LL\;=~~r--~wi I----U -==r:;; %~1\,-~II I r-~~ ~."'l..-~:DRIVE '\.0 L_,~~,-- '\.I "(/J '\-«- '\.I ~ 18 ~QT:r:~~rC~~ter"Prteea Inc.and Ita auppllens.All rlQhtli Reserved."Not a plan of lIurvey. 2012 MPAC and It.auppllenl.All MQhta Reaerved.Not 0 plan of Survey.PN.1 To permit a maximum of 73 children in a facility for the daytime care of children To permit a maximum of 300 children and students in a building to be used as a day- nursery and private non-residential school Information Compiled from Applicant's Submitted Plan PICA 35/12 Wintser Investments Ltd. TOYNEVALE ROAD 3.7m-+ 3.9m-+ ~ E0>,...: \ \ This map was produced by the City of Pickering Planning &Development Department, Planning Information Services division Mapping and Design,June 19,2012 Report to Committee of Adjustment It 5 Application Number:PICA 36/12 Meeting Date:July 4,2012 From: Subject: Application: Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Application PICA 36/12 J,&G.Breen 4993 Brock Road (Part of Lot 3,Plan 12,Part 1,Plan 40R-5734) City of Pickering The applicant requests relief from Zoning By-law 3037,as amended by By-law 6640106 to permit the enlargement and extension of a legal non-conforming detached dwelling by permitting an accessory dwelling unit in an accessory building,and to permit a 0.0 metre south side yard width to an existing accessory building,whereas the by-law does not, permit buildings used for residential purposes as a principal use on a property zoned for commercial purposes and requires a 1.0 metre side yard width for all accessory structures within a commercial zone. The applicant requests approval of this variance in order to obtain zoning compliance. Recommendation: The Planning &Development Department considers the enlargement and extension of a legal non-conforming detached dwelling by permitting an accessory dwelling unit in an accessory building and a 0.0 metre south side yard width to an existing accessory building 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 to the two existing building,as sited and outlined on the appli,cant's submitted plans with th,is application. 2.That the applicants either remove the encroachment onto the abutting property for the accessory structure or enter into an encroachment agreement with the owner of the abutting south property (4989 Brock Road)by January 4,2013 or the decision regarding the accessory building shall become null and void. 3.That the applicants provide confirmation to the Planning &Development Department that a fire inspection was conducted through the Fire Services Division,to the satisfaction of the City by January 4,2013,or the decision regarding the accessory building shall become null and void. Report PICA 36/12 46 Background: July 4,2012 Page 2 This application is requesting the same variances the Committee of Adjustment approved under application PICA 02/10 that became null and void as the conditions of approval were not met by the applicants. Comment: Official Plan and Zoning By-law Pickering Official Plan -Oak Ridges Moraine Rural Hamlets Zoning By-law 3037 as amended by By-law 6640/06 -"ORM-C2"General Commercial Zone Appropriateness of the Application Extension and Enlargement of Legal Non-Conforming Uses •Section 45 (2)of the Planning Act provides the Committee of Adjustment with the authority to grant permission to extend or enlarge legal non-conforming buildings and structures •the dwelling on the property existed,and was lawfully used for residential purposes,prior to the passing of the current by-law,and is therefore considered to be a legal non-conforming use •the existing residential use has been in existence on the subject property with no adverse affects on the surrounding area and neighbourhood •the applicants are not proposing to redevelop or expand the two existing buildings •no adverse impact is imposed on the streetscape •the enlargement and extension of the legal non-conforming use is to recognize an accessory dwelling unit in an accessory building and it is considered appropriate development for the subject property Accessory Structure Setback Variance •the intent of the zoning by-law in requiring accessory structures to provide a minimum 1.0 metre setback from lot lines is to ensure that adequate space is available for maintenance,to ensure that the eaves/overhangs do not encroach on the adjacent properties,ensure roof drainage stays on the subject property, and to minimize the visual impact that their location may have on adjacent properties ' •the accessory building has existed in its current location for a considerable time Report PICA 36/12 July 4,2012 Page 3 47 •the applicants must enter into an encroachment agreement with the abutting owner to the south (4989 Brock Road)for the purpose of acknowledging and authorizing part of the accessory building is located on the neighbours property and providing an adequate space to maintain the existing accessory building as the Committee of Adjustment has no jurisdiction to authorize building encroachment onto an abutting property •provided the encroachment agreement is entered into,the intent of the by-law would be maintained Date of report:June 27,2012 Comments prepared by: tf:MC~ Principal Planner -Development Review AY:RP:ld cofa/reports/20121pca36.12.doc Enclosures 48 ~1'0 ~ 1/'" ~II04;..0 i STREb I ~ LJt..NE I -I-- 0)«0t:;:j 0Ie:::0we:::e:::£'1T •••~F,M tNTI-(fJ CLAREMC NT IJNITF' ~CHURC '7~:::;«::J -l CTREb ~H ~CLARE.o IT I Ll PH Or1r ."" A fO r I-CHURCf~5ai I---w \"( e:::I-- I--(fJ -~'l-I- \(fJ (fJuA-m~z (fJ -::J ~-x I~-r ~ I T !r «OJe:::e::: ~--LL..«,....OJ----:.--------STREET EB CENTRAL ~H-y;;,1 J8~~(fJ---JUi "SUPJ ~l T ~ CLAREMONT -,~-ROP TY g PUBLIC SCHOOL ~~lJJ ~L1NGTON STR ET~~-J0 -~-HAlL ~ e:::I-..~'/-0g-00h- ()~/-----r---~CLARE:MONT >- f5 COMMUNITY \. t.::.j/::L CE:NTRE:Z600I- ~----=~2:/0 0 FlRE:HALL (fJ (fJ <..?J z 0:::NO.4 Z«m =;;:0 ::J CLARE:MONT PARK JIt-LANE /ACORN LE:GION HALL ~~ ~-I I City of Pickering Planning &Development Department PROPERTY DESCRIPTION Plan 12,Part Lot 3,40R-5734,Part 1 l'OWNER J.&G.Breen DATE June 12,2012 DRAWN BY JB FILE No.PICA 36/12 SCALE 1 :5,000 CHECKED BY MY a~a :liource:ll:PN.RURg-Teronet Enterprlae.Inc.and Ita auppU.I"8.All r'Qht.Rea.rved.Not a plan of .urvey. 2012 MPAC ond It.auppl1.ra.All rights Reaerved.Not a plan of Survey. 49 Information Compiled From Applicant's Submitted Plan PICA 36/12 J.&G.Breen CENTRAL STREET f .Vl•.:r7'777~¥'- rEXISTING VACCESSORya ~.tPWELLlNC;::~J ',;,'UNIT ,~ To recognize a 0,0 metre side yard width to an existing detached accessory building II. \ \ \' r--~EXISTING ~I.~DETACHED 3 ~-{;DWELLING,3 ,k.uLL~u.u-d fr~~-~-'--""'-' I I To permit the enlargement and extension of a legal non- conforming detached dwelling by permitting an accessory dwelling unit in an accessory building o«o0:: ~ ()o0:: COo --.Jo THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN,JUNE 19,2012, 5C ECD '<t Information Compiled From Applicant's Submitted Plan PICA 36/12 J.&G.Breen w ,••_.. I..........., I,,,,,, I FRONT ELEVATION THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES DIVISION MAPPINI3 AND DESIGN,JUNE 19,2012.