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HomeMy WebLinkAboutOctober 17, 2012Committee of Adjustment Agenda Meeting Number: 13 Date: Wednesday, October 17, 2012 -------------------------------------------------------------------------- Committee of Adjustment Agenda Wednesday, October 17, 2012 7:00pm Main Committee Room Page Number (I) Adoption of Agenda (II) Adoption of Minutes from September 26, 2012 1-10 (Ill) Reports 1. PICA 56/12-L. Cirone 11-16 1759 Woodview Avenue (Part of Lot 8, Plan 282, Parts 31 & 32, Plan 40R-11207) 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 ldunne@pickering.ca Pending Adoption Present: Tom Copeland David Johnson -Chair Eric Newton -Vice-Chair Bill Utton Shirley Van Steen Also Present: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Bill Utton Committee of Adjustment Meeting Minutes :11 Wednesday, September 26, 2012 7:00pm Main Committee Room That the agenda for the Wednesday, September 26, 2012 meeting be adopted. (II) Adoption of Minutes Moved by Bill Utton Seconded by Shirley Van Steen Carried Unanimously That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, September 5, 2012 be adopted. Carried Unanimously 1 I' ··z I .I •.J (Ill) 1. Committee of Adjustment Me~ting Minutes Wednesday, September 26, 2012 7:00pm Main Committee Room Reports (Deferred from September 5, 2012 meeting) PICA 50112 -R. Ramos 2026 Erin Gate Boulevard (Lot 6, 40M-1969) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5493199 to permit a side yard width of 0.5 metres and a rear yard depth of 0.9 metres to a newly constructed shed, whereas the by-law requires a minimum accessory structure setback of 1.0 metre to all lot lines. The applicant requests approval of these variances in order to obtain zoning compliance for the shed. Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager indicting all runoff from storm events must be contained on the applicant's property. Written comments were also received from the Owners of 2024 Erin Gate Boulevard indicating no objections to a shed with a less than 1.0 metre from their shared lot line. Ruel Romas, 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 50112 by R. Ramos, be Approved on the grounds that the side yard width of 0.5 metres and a rear yard depth of 0.9 metres to a newly constructed shed 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 Zoning By-law, subject to the following conditions: 1. That these variances apply only to the accessory shed, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant installs eaves that direct the runoff away from adjacent neighbours and ensures that all runoff from storm events will be contained on the applicant's property by December 17, 2012, or this decision shall be null and void. Carried Unanimously 2 Committee of Adjustment Meeting Minutes Wednesday, September 26, 2012 7:00pm Main Committee Room 2. PICA 51/12-CMC Homes Inc. 4 78 490 Kingston Road (Part Lot 161 and Lot 162, Plan 816, Part 1, 40R-4158) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2457/87 to permit a front yard depth of 3.0 metres, a flankage side yard width of 3.0 metres, a building height of 11.2 metres, 20 parking spaces and a canopy lot coverage of 11 percent, whereas the by-law requires a minimum front yard depth of 14.0 metres, a flankage side yard width of 14.0 metres, maximum building height of 10.0 metres a minimum 47 parking spaces and a maximum canopy lot coverage of 3 percent. The applicant requests approval of these variances in order to obtain site plan approval and building permits. Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were received from the Toronto and Region Conservation Authority expressing no objection. Written comments were received from the Site Plan Committee indicating the Committee endorsed the proposed variances on August 22, 2012 at the Site Plan Committee meeting. Written comments were also received from Bill Getsos of 512 Kingston Road and Joanne Dunsford of 1386 Old Forest Road in objection to the application. Correspondence received from Bill Getsos of 512 Kingston Road indicated concerns with the reduced front yard depth and flankage side yard width as they do not provide enough room for landscaping, the reduced parking spaces will worsen the existing illegal parking issues at 512 Kingston Road, and by permitting additional retail convenient store uses this will cause existing retail stores to struggle as Highway 2 is already overloaded with retail. These are major variances, not minor. Correspondence received from Joanne Dunsford indicated concerns with the setback of the proposed development to the existing four homes to the north and the impacts on those homes included lighting that will be coming off the development, loss of privacy, increased traffic, and noise and emissions from the drive through and convenience store. Joanne Dunsford has also requested a minimum of 2.5 metres high noise barrier fence buffered with large spruce trees and would like a consistent buffer of 4.0 metres blocking any lighting, sounds and emissions that will be produced. 3 ···.'4 i A '' Committee of Adjustment Meeting Minutes Wednesday, September 26, 2012 7:00pm Main Committee Room Scott Pomeroy, agent, was present to represent the application. Joanne Dunsford of 1386 Old Forest Road, Bill Getsos of 512 Kingston Road, Linda McNeil of 1424 Rosebank Road and Mary Jane Lloyd of 1384 Old Forest Road were present in objection to the application. In response to questions and concerns Scott Pomeroy indicated a traffic study has been done, the office building will have approximately five suites, through the site plan process there will be a landscape plan, and will address any light pollution from the development. Scott Pomeroy also explained the main street design for Kingston Road is to promote a pedestrian friendly image. Linda McNeil indicated concerns with increased traffic and noted the library adjacent to the subject property has recently installed speed bumps in the parking lot. Mary Jane Lloyd indicated concerns with increased traffic, light pollution onto her property, noise pollution from cars and questioned what type of noise barrier fence will be installed. In response to a question from a Committee member, the Secretary Treasurer explained the meaning of the main street design for Kingston Road. Moved by Shirley Van Steen Seconded by Tom Copeland That application PICA 51/12 by CMC Homes Inc., be Approved on the grounds that the front yard depth of 3.0 metres, a flankage side yard width of 3.0 metres, a building height of 11.2 metres, 20 parking spaces and a canopy lot coverage of 11 percent 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 office building, gas station and convenience store, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. 3. That the applicant consolidate existing Roll Numbers, Property Identification Numbers (PINs) and Addresses into one number for each by September 26, 2013, or this decision shall become null and void. Carried Unanimously 4 Committee of Adjustment Meeting Minutes Wednesday, September 26, 2012 7:00pm Main Committee Room 3. PICA 53112-S. Ebejer & J. De Silva 1914 Glenview Road (Lot 35, Plan 509) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a front yard depth of 6.5 metres to a proposed covered front porch and stairs, whereas the by-law requires a front yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed detached dwelling with a covered front porch. 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. Steven Ebejer, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Eric Newton That application PICA 53112 by S. Ebejer & J. De Silva, be Approved on the grounds that the front yard depth of 6.5 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 covered front porch 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 September 26, 2014, or this decision shall become null and void. Carried Unanimously 5 r· ·.· !. d 4. Committee of Adjustment Meeting Minutes Wednesday, September 26, 2012 7:00pm Main Committee Room PICA 54112-M. & L. Gertsen 1929 Glenview Road (Lot 20, Plan 509) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a front yard depth of 5.4 metres and a side yard width of 1.2 metres to the existing dwelling and proposed addition and covered porch, whereas the by-law requires a front yard depth of 7.5 metres and a minimum side yard width of 1.8 metres. The applicant requests approval of these variances in order to obtain a building permit for the proposed addition and covered porch. 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. Martin Gertsen, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Bill Utton That application PICA 54112 by M. & L. Gertsen, be Approved on the grounds that the front yard depth of 5.4 metres and side yard width of 1.2 metres to the existing dwelling and proposed addition with a covered porch 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 existing dwelling and proposed addition and covered porch, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. Carried Unanimously 6 Committee of Adjustment Meeting Minutes Wednesday, September 26, 2012 -t '1 7:00pm Main Committee Room 5. PICA 55/12-D. McAulay 178 Thicket Crescent (Lot 46, Plan 40M-1778) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93 to permit a proposed shed in the side yard with a side yard width of 0.6 metres, whereas the by-law requires all accessory structures to be located in the ree~r yard and a minimum accessory structure setback of 1.0 metres from all lot lines. The applicant requests approval of these variances in order to obtain zoning compliance. Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were also received from the City's Development Control Manager expressing no concerns. Donald McAulay, owner, was present to represent the application. Charles Battist of 368 Morrish Road and Rebecca Purnwasie of 178 Thicket Crescent were present in favour of the application. Laurin Jeffrey of 474 Woodmere Crescent and Karen Forbes of 180 Thicket Crescent were present in objection to the application. Donald McAulay explained the proposed shed will be well constructed and not preassembled from a store, will provide storage for lawn and garden tools and the height of the shed can be reduced if needed. Donald McAulay submitted four letters from surrounding neighbours in support of the application. Charles Battist indicated the shed will be well constructed and can be reduced in height if needed and it will be set back far from the street so it will not create a visual impact to the streetscape. Laurin Jeffery indicated concerns with the location of the shed in the side yard and the visual impact. Karen Forbes indicated concerns with the location of the proposed shed, the visual impact and the affect it may have on resale. 7 08 Moved by Shirley Van Steen Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, September 26, 2012 7:00pm Main Committee Room That application PICA 55112 by D. McAulay, be Refused on the grounds that the proposed shed in the side yard with a side yard width of 0.6 metres are major variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. 6. PICA 57112-A. & J. Haggarty 5048 William Street (Lot 19, Plan 40M-1482) City of Pickering Carried Unanimously The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640106 to permit a side yard width of 0.0 metre to a proposed addition for the installation of an elevator on the side of the existing dwelling, whereas the by-law requires a minimum side yard width of 1.8 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed side yard elevator addition. Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were also received from the City's Development Control Manager indicating the applicant must be made aware that the property line swales that provide lot drainage which may be affected by this addition and the final grading must ensure proper drainage away from the structure and not adversely affect the neighbouring property and the roof drainage must not be directed into the neighbouring property. Written comments received from Colin Barrand of 5046 William Street indicating no objection to the variance submitted. Written comments received from Aleta & Rodney Voss of 5045 William Street indicating they are in full support of the application to construct an elevator on the south side of the house. Written comments were received from Lucy Singh of 5074 William Street in support of the application. Written comments were also received from Joe Dickson, MPP, Ajax-Pickering in full support of the application. 8 Committee of Adjustment Meeting Minutes Wednesday, September 26, 2012 7:00pm ·3 Main Committee Room David Johnson, Committee Chair acknowledged the presence of Peter Rodrigues, Regional Councillor-Ward 3. Alan Haggarty, owner, Randy Sora, agent, were present to represent the application. Seven area residents were present in support of the application. Alan Haggarty explained his son is in a wheelchair and the installation of an elevator will assist him to access all levels of their home safely. Alan Haggarty submitted six letters in support of the application. Randy Sora explained he is an accessibility consultant and has worked with the Haggarty family for the past few years to make their home accessible for their son. Randy Sora explained multiple options for the elevator were considered and due to limited interior space and configurations these areas were not suitable. Peter Rodrigues, Regional Councillor-Ward 3 explained he is familiar with the Hamlet of Claremont and this community has larger lots and the elevator will not impede on the surrounding neighbours and is in full support of the application. Moved by Tom Copeland Seconded by Bill Utton That application PICA 57/12 by A. & J. Haggarty, be Approved on the grounds that side yard width of 0.0 metre is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Zoning By-law, subject to the following conditions: 1. That this variance apply only to a proposed addition for the installation of an elevator on the side of the existing dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. 3. That the applicant obtain and enter into an encroachment agreement with the owner of the abutting property to the south (5046 William Street) for the purpose of maintenance of the addition by September 26, 2013, or this decision shall become null and void. Carried Unanimously 9 Committee of Adjustment Meeting Minutes ]_ 0 Wednesday, September 26, 2012 7:00pm Main Committee Room (IV) Adjournment Date Chair Moved by Bill Utton Seconded by Eric Newton That the 12th meeting of the 2012 Committee of Adjustment be adjourned at 8:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 17, 2012. Carried Unanimously Assistant Secretary-Treasurer 10 From: Subject: Application: Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 56112 Meeting Date: October 17, 2012 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 56112 L. Cirone 1759 Woodview Avenue (Part of Lot 8, Plan 282, Parts 31 & 32, Plan 40R-11207) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended, to permit a maximum lot coverage of 38 percent for the lands to be severed, 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 for the construction of a new two-storey single detached dwelling on a future parcel of land to be severed. Recommendation: The Planning & Development Department considers a maximum lot coverage of 38 percent on a future parcel of land to be severed to be minor in nature and appropriate. Furthermore, the requested variance is in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. For these reasons, Staff recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the future severed lot fronting Oakburn Street, created through Land Division Application LD 103112, as generally sited and outlined on the applicant's submitted plans. 2. That final approval is granted by the Region of Durham Land Division Committee respecting Land Division Application LD 1 03112 for the creation of the severed lot fronting Oakburn Street and that the Land Division application is final and binding. 3. That the applicant obtain a building permit for the proposed construction by October 17, 2014, or this decision shall become null and void. Report PICA 56/12 October 17, 2012 12 Page2 Comment: Official Plan and Zoning By-law Pickering Official Plan-"Urban Residential -Low Density Areas" within the Highbush Neighbourhood Zoning By-law 3036 -"R4" -Fourth Density Residential Zone Appropriateness of the Application Lot Coverage Variance • the intent of a maximum lot coverage of 33 percent is to maintain an appropriate amount of yard space (amenity area) uncovered by buildings on a lot and to regulate the maximum size and mass of buildings on a lot • the proposed lot coverage of 38 percent will provide the proposed parcel of land to be severed with an adequate amount of amenity area and will comply with the minimum required yard setbacks in the zoning by-law • the proposed parcel of land to be severed will have a similar lot frontage and area dimensions as other surrounding properties in the neighbourhood • the proposed size and height of the dwelling would be compatible with other dwellings in the neighbourhood • the intent of the zoning by-law would be m,aintained Date of report: October 11, 2012 Comments prepared by: ' ~~ ( ) &$~ ley_~ ood, MCIP,y.PP nner II -"~~/ ---~-- AY:NS:Id cofa/reports/2012/pca56~ 12. doc Enclosures Su i, MCIP, RPP Manager, Development Review & Urban Design 13 -_f-----1 -f-------1 - ...,Jr-----+---18 t----+---1 ~ 1----...r--------. _1_---t=~ 0 E; t-----r-'-1-----l I 3:: o f------- -r-----f-----1::.:: 01------11--- t-----L,-1_-1 ~t------'----13:: ...__ _ __._r_--1 r--f-------1 1--f-r-.--...-----l f--lit- EST LANE -II - - t-------1~ 'T-----ji---J 1--- w -I ~------~~ r--I~ t=j ~ r--l)--STREET -\ ~~~l L -~o"~ L II I I r-AswEETBR/AR ~ ~I II ITW~~D~~~ ~ ln<IIIJ ~v :s d B.ll =cr ~'--'--L-'-L-'---l-L.J.--L..L-L...L..l..._L__!__L-L..L_..Ll._LL.__L.__-L...j RR(JH :n,,, 1 n LJ ~ r--T"D_RI,_V_E-r-~-.r---' ..... w r-----r~~~~=~===T~W~YSN~~~=:=~-;R~IV~E;R:;:S:-1---huU...LU_l_lJ_j_l--:Dl-:RJt-dE I 1 I I ~-----~ w & J_ ~-----~---1'--~~L-t-t-+-+-~_j ~ 0 1----I-- F l? ~ t-t-t-t--+-il----t--1--'--'-----''-----l 1----_-ST. MONICA'S .____ I SEPARATE SCHOOL ~ BRIMWOOQ-ot------.-----1 t-----+~-HOWELL !---- ..;.;;..;.;.:. --,.....:c CF>!OURT ~~Io • = 1--------1~ ~[IT l - 0 Rlc\-\ARDSON STREET \ )\ City of Pickering 1-----~ CRESCENT ~ I I := /'il[l""L~ITit::::"-:LE='=~~O-::-R~D ..L...J......J I--Ct: f----t---1 t--0 f----t---1 1----r- - - I I vi-~STREET ~ EH Nj ~ == OUR 1--J ,---t--r- ROUGE VALLEY PARK 1----I--- (:j f----t---1 ffi t--1 r---o ~ -::l @) <(I- ;; o ---1 STOVER CRESCENT ~ 1-- I __ /f w- l'===i===l ;i '- 01--- l ~r- '--...,H..,..O!:-O::lV-:::E!:R:-'I.. ........... -'-;D::l;:R::-;:IVL:;E:1--1-L.....Ii1 r- ~\ I f- 1-- -~ f----t---1 -:::J -~t--t---1 Planning & Development Department PROPERTY DESCRIPTION Pt. lot 8, Plan 282, 40R·11207, Part 31,32 OWNER L. Cirone FILE No. PICA 56/12 g<a a _,:o_aur'c:ea: Ter-anet Enterp,.laea Inc. and Ita aupplle,... All r-IQhta Reae~!'d. Not a plan of aurvey. 2012 MPAC and Ita auocllenl. All ric hte Reeerved. Not a plan of Survey, DATE Sept. 6, 2012 DRAWN BY JB SCALE 1 :5,000 CHECKED BY MY PN-10 ,. I L':t Information Compiled From Applicant's Submitted Plan PICA 56/12- L. Cirone PROPOSED LOTTO BE SEV RED To permit a maximum lot coverage of 38 percent, on a future severed lot 1-w w 0::: 1- (/) z 0::: ::J ca ~ <( 0 This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Mapping and Design, Oct 2, 2012. -y- 1 [ El -', "' d llN.<I.<ONl~ j j J Nl J~r.,tPl.Sif~ ""=:J Information Compiled From Applicant's Submitted Plan PICA 56/12- L. Cirone ---m WEST(REAR) ELEVATION EAST(FRONT) ELEVATION 15 E 1'-- N This map was produced by the City of Pickertng Planning & Development Department, Planning Information Services Mapping and Design, Oct 2, 2012. i9 I ''f' -~~' .... ' ,.,. ,~-,., . Information Compiled From Applicant's Submitted Plan PICA 56/12- / / L. Cirone /' ----·--·------·--·" [I] :m: NORTH ELEVATION ill SOUTH ELEVATION This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Mapping and Design, Oct 2, 2012.