HomeMy WebLinkAboutFebruary 5, 2014 Committee of Adjustment
Agenda
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Meeting Number: 2
Date: Wednesday, February 5, 2014
City 4 Committee of Adjustment
Agenda
1.71
Wednesday, February 5, 2014
7:00 pm
Main Committee Room
Page Number
(I) Adoption of Agenda
(II) Adoption of Minutes from January 15, 2014 1-6
(III) Reports
1. (Deferred from the January 15, 2014 meeting)
P/CA 01/14 7-11
M. & P. Beagan
122 Secord Street
2. P/CA 04/14
SSTI Granite Pickering, LLC 12-17
600 Granite Court •
3. P/CA 05/14
M. Abdelaziz 18-24
2000 Valley Farm Road
4. P/CA 06/14
Plaza 23 Inc. 25-30
713 Krosno Blvd.
5. P/CA 07/14
K. Selimovski 31-37
1756 Woodview Avenue
6. P/CA 10/14 & P/CA 11/14
J. &S. Janevski 38-42
1796 Spruce Hill Road
(IV) Adjournment
Accessible For information related to accessibility requirements please contact:
PICKE NG Lesley Dunne
T. 905.420.4660, extension 2024
TTY 905.420.1739
Email Idunne @pickering.ca
City 00 Committee of Adjustment
Meeting Minutes
fire CI WNW - Wednesday, January 15, 2014 et l
7:00 pm
Main Committee Room
Pending Adoption
Present:
Tom Copeland
David Johnson—Chair
Eric Newton
Bill Utton
Also Present:
Melissa Markham, Principal Planner—'Development Review
Absent:
Shirley Van Steen—Vice-Chair
Lesley Dunne, Assistant Secretary-Treasurer
(I) Adoption of Agenda
Moved by Bill Utton
Seconded by Eric Newton
That the agenda for the Wednesday, January 15, 2014 meeting be adopted.
Carried Unanimously
(II). Adoption of Minutes
Moved by Tom Copeland
Seconded by Bill Utton
That the minutes of the 16th meeting of the Committee of Adjustment held
Wednesday, December 18, 2013 be adopted.
Carried Unanimously
Page 1 of 6
City 4 Committee of Adjustment
Meeting Minutes
Fli
Wednesday, January 15, 2014.
02 61111176MIE 7:00 pm
Main Committee Room
(III) Reports
1. P/CA 01/14
M. & P. Beagan
122 Secord Street
The applicant requests relief from the following provisions of Zoning By-law 3036,
as amended by By-law 4271/93:
• to permit an accessory structure with a height of 3.1 metres to be set back
a minimum of 0.5 of a metre from the rear and side lot lines, whereas the
by-law requires an accessory structure greater than 1.8 metres in height to
be set back a minimum of 1.0 metre from all lot lines
The applicant requests approval of these variances in order to obtain a building
permit to construct an accessory structure 0.5 of a metre from the rear and east
side lot line.
Principal Planner— Development Review outlined the staff recommendation from
the City Development Department recommending approval subject to conditions.
Written comments were also received from the City's Development Control
expressing no concerns.
Matthew Beagan, owner, was present to represent the application. Steven
Ferreira of 125 Copley Street was present in objection to the application.
Steven Ferreira indicated that there are small rear yards in this neighbourhood.
He mentioned that there is a negative impact of the shed on his property, which
is directly behind the subject property. He stated that the shed is too tall and is
too close to the rear property line. He submitted pictures for the Committee to
review, to illustrate the location and height of the existing shed. He stated that
the shed negatively impacts the resale value of his home and there could be
drainage issues. He also stated he would like the By-law enforced with the
proper setbacks.
A Committee Member asked the owner if he built the shed himself. M. Beagan
stated that he built the shed and while he was aware of the building permit for a
larger shed he was not aware of the required setbacks. He informed the
Committee that the shed is currently 0.2 of a metre setback from the rear lot line
and he will be moving the shed to 0.5 of a metre from this lot line. He intends to
use the shed for storage.
Page 2 of 6
•
qty o0 Committee of Adjustment
Meeting Minutes
Wednesday, January 15, 2014 03
Niallottec 7:00 pm
mmi
C
Main Committee Room
Moved by Tom Copeland
Seconded by Bill Utton
That application P/CA 01/14 by M. & P. Beagan, be Deferred until the next
meeting in order to give the Committee Members an opportunity to visit the site.
Carried Unanimously
2. P/CA 02/14 & P/CA 03/14
M. Gaffney
1834 Fairport Road
P/CA 02/14 (Proposed Retained Parcel)
The applicant requests relief from Zoning By-law 3036, as amended to permit a
minimum lot frontage of 14.9 metres and a minimum north side yard width of 1.4
metres, whereas the by-law requires a minimum lot frontage of 18.0 metres and
a minimum side yard width of 1.8 metres.
P/CA 03/14(Proposed Severed Parcel)
The applicant requests relief from Zoning By-law 3036, as amended to permit a
minimum lot frontage of 14.9 metres and a minimum south side yard width of 1.4
metres, whereas the by-law requires a minimum lot frontage of 18.0 metres and
a minimum side yard width of 1.8 metres.
The applicant requests approval of these variances in order to obtain zoning
compliance to reduce the minimum lot frontage requirement to facilitate the future
severance of the property and to permit a reduction in minimum side yard depth
to the existing and proposed dwellings.
Principal Planner— Development Review outlined the staff recommendation from
the City Development Department recommending approval subject to conditions.
Written comments were received from the City's Development Control
expressing no concerns. Written comments were received from Doug Dickerson
— City Councillor—Ward 2 supporting the applications. Written comments were
also received from Noel Williams of 1836 Fairport Road in objection to the
applications.
Martin Gaffney, owner, was present to represent the application. Noel Williams,
of 1836 Fairport Road was present in objection to the application.
Page 3 of 6
City 00 Committee of Adjustment
_ - Meeting Minutes
'•-5 = ' = '-
retlIMNIZI Wednesday, January 157:00, 2014 pm
Main Committee Room
Noel Williams stated that side yards in the area are required to be 1.8 metres and
he is concerned that the existing fence between his property and the subject
property is not on the property line, which will further impact the side yard width.
He expressed concerns that the proposed dwelling will be too close to the
existing dwelling located at 1836 Fairport Road, negatively impact side views,
natural sunlight, spatial separation between dwellings and decrease in property
values. He also expressed a concern with dust control and vibrations impacting
his foundation, during construction.
Martin Gaffney stated that the property has recently been surveyed and while the
existing fence is not on the property line, the requested variances are true to the
lot frontage and side yard widths required for the land division and variance
applications.
Moved by Tom Copeland
Seconded by Bill Utton
That application P/CA 02/14 by M. Gaffney, be Approved on the grounds that
the minimum lot frontage of 14.9 metres, a minimum north side yard width of
1.4 metres to an existing two-storey detached dwelling are minor in nature 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 the variances apply only to the proposed lot configuration and north
side yard width affecting the existing dwelling on the proposed retained
parcel as generally sited and outlined on the applicant's submitted plans.
2. That the applicant demonstrates, via calculations, that the location of the
proposed property/severance line will meet the spatial separation
requirements of the Ontario Building Code to the satisfaction of the Chief
Building'Official prior to receiving final clearance for a future land severance.
3. That the applicant obtains final clearance for a future land severance
(coordinated with P/CA 03/14) by April 24, 2015, or this decision shall
become null and void.
• Page4of6
City o� Committee of Adjustment
, � Meeting Minutes
'� "' Wednesday, January 15, 2014
10-KM �� 7:00 pm
Main Committee Room
That application P/CA 03/14 by M. Gaffney, be Approved on the grounds that
the minimum lot frontage of 14.9 metres and a minimum south side yard width of
1.4 metres to a proposed two-storey detached dwelling on the proposed severed
parcel are minor in nature 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 the variances apply only to the proposed lot configuration and the south
side yard width affecting the future dwelling on the proposed severed parcel,
as generally sited and outlined on the applicant's submitted plans.
2. That the applicant submits an Architectural Design Statement (ADS)to the
satisfaction of the City. The ADS should address matters in compliance with
the Dunbarton Neighbourhood Development Guidelines concerning, but not
limited to, building setbacks, height, front elevations, garage projections,
driveway widths and landscaping affecting the future dwelling.
3. That the applicant obtains final clearance for a future land severance
(coordinated with P/CA 02/14) by April 24, 2015, or this decision shall
become null and void.
4. That the applicant obtains a building permit for the proposed construction on
the proposed severed parcel by January 15, 2016, or this decision affecting
the proposed detached dwelling shall become null and void.
Carried Unanimously
(IV) Other Business
1. Appointment of Secretary-Treasurer
Moved by Eric Newton
Seconded by Bill Utton
That Melissa Markham be appointed as Secretary-Treasurer.
Carried Unanimously
Page 5 of 6
City o? rf Committee of Adjustment
Meeting Minutes
eel "—friit'_ ''T - Wednesday, January 15, 2014.
IdiO11 7:00 pm
Main Committee Room
(V) Adiournment
Moved by Bill Utton
Seconded by Eric Newton
That the 1st meeting of the 2014 Committee of Adjustment be adjourned at
7:39 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, February 5, 2014.
Carried Unanimously
Date
Chair
Assistant Secretary-Treasurer
Page 6 of 6
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Report to
° Committee of Adjustment
KERIN
Application Number: P/CA 01/14 7
Meeting Date: January 15, 2014
From: Nilesh Surti, MCIP, RPP
Manager, Development Review& Urban Design
Subject: Committee of Adjustment Application P/CA 01/14
M. & P. Beagan
122 Secord Street
Application •
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended by By-law 4271/93:
• to permit an accessory structure with a height of 3.1 metres to be set back a
minimum of 0.5 of a metre from the rear and side lot lines, whereas the by-law
requires an accessory structure greater than 1.8 metres in height shall be set
back a minimum of 1.0 metres from all lot lines
The applicant requests approval of these variances in order to obtain a building permit
to construct an accessory structure 0.5 of a metre from the rear and east side of lot line.
Recommendation
The City Development Department considers the accessory structure with a maximum
height of 3.1 metres at a minimum of 0.5 of a metre from the rear and side lot line to be
minor in nature, 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 accessory structure, as generally
sited and outlined on the applicant's submitted plans.
2. That no openings are permitted on the accessory structure walls facing the rear and
east side lot line.
3. That the applicant obtains a building permit for the proposed construction by January
15, 2016 or this decision shall become null and void.
Report P/CA 01/14 January 15, 2014
08 Page 2
Comment
Official Plan and Zoning By-law
Pickering Official Plan—"Urban Residential— Low Density Areas"within the Highbush
Neighbourhood
Zoning By-law 3036, as amended by By-law 4271/93—"83"—Single Residential Zone
Appropriateness of the Application
•
Accessory Structure 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 subject property, and that the visual impact on
adjacent properties is minimized
• the proposed.setback of 0.5 metres to an existing shed provides adequate space
for maintenance, and ensures overhangs and roof drainage stays on the property
• the proposed setback of 0.5 metres does not appear to have any adverse impact
on adjacent properties
• the requested variance is minor in nature and maintains the intent of the zoning
by-law
Date of report: January 9, 2014
Comments prepared by:
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Deepak Bhatt, MCIP, RPP Nilesh burti, CIP, RPP
Planner II Manager, Development Review& Urban Design
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FILE No:P/CA 01/14
==y — —_.- APPLICANT: M. &P. Beagan
5 1 1� "3 1 1°C - PROPERTY DESCRIPTION: 122 Secord Street(Lot 28, Plan 40M-1762)
City Development
DATE: Dec.4,2013
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City FILE No: P/CA 1/14
.�' ' APPLICANT: M. & P Beagan
U(IS hi A t,i O[ PROPERTY DESCRIPTION:122 Secord Street(Lot 28, Plan 40M-1762)
City Development
Department
DATE:Dec.1 B,2013
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City 4 FILE No: P/CA 1/14
APPLICANT: M. &P Beagan
f rM M 1. PROPERTY DESCRIPTION:122 Secord'Street(Lot 28, Plan 40M-1762)
City Development
Department
DATE:Dec.18,2013
cif,/ . Report to
Committee of Adjustment
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Application Number: P/CA 04/14
12 Meeting Date: February 5, 2014
From: Nilesh Surti, MCIP, RPP
Manager, Development Review & Urban Design
Subject: Committee of Adjustment Application P/CA 04/14
SSTI Granite Pickering, LLC.
600 Granite Court
Application
The applicant requests relief from Zoning By-law 2511, as amended by By-law 789/78:
• to permit a sales outlet accessory to a self-storage facility use, not exceeding
100 square metres, whereas the by-law does not permit a sales outlet accessory
to a warehouse use
• to permit a minimum of 52 parking spaces, whereas the by-law requires a
minimum of 164 parking spaces
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• to permit front yard parking to be limited to 44 percent of the total required
parking area, whereas the by-law limits front yard parking to 20 percent of the
total required parking area.
The applicant requests approval of these variances in order to obtain site plan approval
to establish a self storage facility and an accessory sales outlet on the subject property.
Recommendation
The City Development Department considers the requested variance to permit a sales
outlet accessory to a self-storage facility use, not exceeding 100 square metres, a
minimum of 52 parking spaces and to permit front yard parking to be limited to 44 percent
of the total required parking area to be minor in nature 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 construction of a self-storage
facility, offices and an accessory sales outlet, as generally sited and outlined on the
applicant's submitted plans.
2. That only one sales outlet accessory to a self-storage facility is permitted within the
building.
Report P/CA 04/14 February 5, 2014
/3
Page 2
3. That the applicant obtains Site Plan Approval for the proposed construction by
February 5, 2015, or this decision shall become null and void.
Background
On December 13, 2013, the applicant submitted a site plan amendment application to
convert an existing industrial building to a self-storage facility. The applicant is
proposing a 99 square metre sales outlet and a 3,346 square metre second storey
addition within the existing building for a total gross floor area of 7,464 square metres.
Based on the changes to the existing building, a total of 164 parking spaces are required
to be provided on-site, whereas the revised site plan illustrates a total of 52 parking
spaces.
The proposed uses include a self-storage facility, rental office space and an accessory
sales outlet. The self-storage facility will feature secure indoor storage units, accessed
through common hallways within the building. To facilitate the proposal, the applicant is
requesting variances to reduce the total number of required parking spaces to
accommodate the increase in gross floor area within the existing building, to permit an
accessory sales outlet and to permit front yard parking to be limited to 44 percent of the
total required parking area.
On January 22, 2014, the Site Plan Advisory Committee reviewed the site plan
application and expressed no concerns with the requested variances.
Official Plan and Zoning By-law
The subject property is designated "Prestige Employment" in the Official Plan. This
designation provides for a variety of industrial uses including, but not limited to, light
manufacturing, assembly and processing of goods, and warehousing. Retailing sales
as a minor component of an industrial operation is also permitted.
The subject property is currently zoned "M1-1"—Storage and Light Manufacturing within
Zoning By-law 2511, as amended by By-law 789-78, which permits warehousing.
Appropriateness of the Application
Sales Outlet Variance
• the applicant proposes to convert the existing industrial building to a self-storage
facility with less than ten percent being utilized as office space
• the accessory sales outlet will be a minor function within the proposed industrial
building and represents less than one percent of the total gross floor area
• the function of the accessory sales outlet is for the rental of lockers; and the sale
of boxes, locks and storage packaging supplies to assist tenants in packing and
safekeeping of their goods and materials
i
Report P/CA 04/14 February 5, 2014
14 Page 3
• as noted above, the Official Plan permits sales as a minor component of an
industrial operation
• the requested variance to permit a sales outlet accessory to a self-storage facility
use is minor in nature and maintains the general intent and purpose of the
Official Plan and Zoning By-law
Minimum Parking Variance
• the intent of regulating the minimum number of required parking space is to
ensure that parking demand can be accommodated on-site
• the applicant has requested a relief to reduce the total number of required
parking spaces from 164 spaces to 52 spaces which will accommodate
employees, office tenants and self-storage facility customers
• in support of this variance, the applicant has submitted a Parking Reduction
Justification Report, prepared by Glen Schnarr&Associates, dated
December 2013 demonstrating that the proposed parking supply will satisfy the
needs of the facility .
• td access the anticipated traffic and parking requirements, the consultant has
provided gate log information collected from a comparable self-storage facility at
4548 Dufferin Street in Toronto
• the Dufferin Street facility showed an average of 3.5 clients per hour, over
18 consecutive.hours on Saturday, June 25, 2011, and an average of 2.0 clients
per hour, over 18 consecutive hours on Sunday, June 26, 2011
• the consultant has advised that traffic generate by a self-storage facility is
typically very low and indicated that based on recorded usage, a maximum of
10 parking spaces for the proposed self-storage facility is adequate
• a maximum of 2 employees will be employed at this facility, which would require
2 parking spaces, and the remaining 40 parking spaces could accommodate the
tenants of the 18 proposed rental offices
• staff are satisfied that the proposed 52 parking spaces are sufficient to
accommodate the parking requirements for the proposed self-storage facility
• the requested variance is minor in nature and maintains the general intent and
purpose of the Official Plan and Zoning By-law
Front Yard Parking Variance
• the intent of limiting front yard parking to 20 percent of the total required is to
restrict the supply of parking within the front yard and to establish a well-defined,
visually appealing streetscape
• previous minor variance application P/CA 57/98, was approved by the
Committee, to allow 67.5 percent of the total required parking within the front
yard
• this percentage was based on a previously approved site plan to locate 25 of the
total 37 proposed parking spaces within the front yard
Report P/CA 04/14 February 5, 2014 15
Page 4
• the approved variance applied only to the subject property supporting an
industrial warehouse building with offices, with a maximum gross floor area of
4037 square metres
• due to the change in use and a proposed increase to the maximum gross floor
area, new variances, are required to facilitate the applicant's proposal for a
self-storage facility
• the applicant is proposing additional 15 parking spaces to be provided on-site for
a total of 52 spaces
• the proposed site plan shows a total of 23 parking spaces in the front yard which
constitutes 44 percent of the total required parking
• the existing landscaping along Granite Court is sufficient to screen the parking
area from the street
• the requested variance to permit front yard parking area to be limited to 44
percent of total required parking area is minor in nature and maintains the
general intent and purpose of the Official Plan and Zoning By-law
Date of report: January 30, 2013 .�
Comments prepared by:
Isabelle Janton i e h Surti, MCIP, RPP
Planner II —Site Planning Manager, Development Review & Urban Design
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Location Map
FILE No:P/CA 04/14
° ' ' °_ '- :Y,- APPLICANT: SSTI Granite Pickering, LLC
1-��/61�,11�L PROPERTY DESCRIPTION: 600 Granite Court(Part Lot 29, 30, Range 3,
City Development Part 7, 40R-11999) DATE: Dec.17,2013
Department rata 5a roe.:
C Teronat Enterpriss Ina. na it. suppn.rs All nghts Re..rvad. Nat a plan of survey. SCALE 1:5,000 PN-2
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To permit a minimum of 52 ` -'
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To permit front yard parking
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GRANITE COURT H
o� Submitted Plan
City __ FILE No:P/CA 04/14
`•--f -T=-' APPLICANT: SSTI Granite Pickering, LLC
i - hi �I I�C PROPERTY DESCRIPTION: 600 Granite Court(Part Lot 29, 30, Range 3,
City Development Part 7, 40R-11999)
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE:Dec.19,2013
City of
Report to
18
I I--I'-
Committee of Adjustment
• Application Number: P/CA 05/14
Meeting Date: February 5, 2014
From: Nilesh Surti, MCIP, RPP
Manager, Development Review & Urban Design
Subject: Committee of Adjustment Applications P/CA 05/14
Mohamed Abdelaziz
2000 Valley Farm Road
Applications
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended:
• to permit a minimum lot area of 1,124 square metres, whereas the by-law requires
a minimum lot area of 1,390 square metres for an existing lot;
• to permit a minimum front yard setback of 7.3 metres, whereas the by-law
requires a minimum front yard setback of 12.0 metres;
• to permit a minimum rear yard setback of 11.0 metres, whereas the by-law
requires a minimum rear yard setback of 12.0 metres;
• to permit a minimum southerly side yard width of 1.0 metre to an unenclosed
covered carport, whereas the by-law requires a minimum side yard width of
3.0 metres; and,
• to permit a maximum lot coverage of 28 percent, whereas the by-law requires a
maximum lot coverage of 20 percent.
The applicant requests approval of these variances in order to obtain a building permit
for the construction of two-storey additions within the front and rear yards and to
recognize the existing lot area.
Recommendation
The City Development Department considers a minimum lot area of 1,124 square
metres, a minimum front yard setback of 7.3 metres, a minimum rear yard setback of
11.0 metres, a minimum southerly side yard width of 1.0 metre to an unenclosed
covered carport, and a maximum lot coverage of 28 percent to be minor in nature,
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:
Report P/CA 05/14 February 5, 2014 9
Page 2
1. That the variances apply only to the proposed additions and existing lot as generally
sited and outlined on the applicant's submitted plans.
2. That the applicant submits a grading and drainage plan with the building permit
application to the satisfaction of the Director, Engineering & Public Works.
3. That the applicant obtains a building permit for the proposed additions by
February 5, 2016, or this decision affecting the existing dwelling shall become null
and void.
Comment
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject property as "Urban Residential— Low
Density Areas"within the Liverpool Neighbourhood.
The subject property is presently zoned "A"—Rural Agricultural Zone within Zoning
By-law 3036, as amended.
Appropriateness of the Application
Minimum Lot Area
• the lot was created prior to the passing of the zoning by-law
• the configuration and size of the existing lot is appropriate and compatible with
the surrounding residential area
• this variance will bring the existing legal non-complying lot into compliance with
the Zoning By-law
Front Yard, Rear Yard and Side Yard Setbacks to Proposed Two-Storey Additions
• the intent of a front yard setback is to ensure that an adequate landscaped area,
parking area and separation distance to the street activity is provided in the front
yard
• the intent of the minimum rear yard setback is to ensure that an appropriate
amenity space is provided in the rear yard
• the intent of a minimum side yard width is to provide an appropriate separation
distance between structures on abutting properties in order to maintain
pedestrian access, and to accommodate grading, drainage and residential
services such as air conditioning units and utility meters
• the existing lot is a corner lot, with the front yard facing Valley Farm Road, which
will still maintain an adequate landscaped area, parking area and separation to
the street activity in the front yard
• the proposed front yard setback is consistent with the surrounding
neighbourhood and will maintain the existing streetscape
Report P/CA 05/14 February 5, 2014
20 Page 3
•
• the majority of the dwelling complies with the required rear yard setback therefore
the reduction in the rear yard to the proposed addition is minor and will not
negatively impact the amenity space in the rear yard
• the proposed 1.0 metre side yard width to an unenclosed covered carport will still
provide an appropriate separation distance between structures on the abutting
property, sufficient pedestrian access and accommodation of residential services
Increase in Lot Coverage
• the intent of the maximum lot coverage is to maintain an appropriate size, scale
and massing of dwellings and to ensure an adequate amount of outdoor amenity
area remains uncovered by buildings on a lot
• the increase in lot coverage to 28 percent is minor and will provide for the
appropriate development of the land as the size and massing of the proposed
dwelling will be compatible with the surrounding character of the neighbourhood
The requested variances above are minor in nature, desirable for the,appropriate
development of the subject lands and is in keeping with the intent of the Official Plan
and Zoning By-law
Input From Other Sources
Engineering & Public Works • request a grading plan to be submitted
with the building permit application
Date of report: January 30, 2014
Comments repared by:
"
Amy Emm, MCIP, RPP Niles l Surti, MCIP, RPP
Planner II Manager, Development Review & Urban Design
• AE:NS:Id
J:1Doouments\DevetopmemVD-370012014 PCA 05-14\ReporITCA OS-14.docx
Enclosures
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Cali 00 `= FILE No:P/CA 05/14
-" ` ,;�� =f•- APPLICANT: M. Abdelaziz
URN N i N IIIII I PROPERTY DESCRIPTION: 2000 Valley Farm Road(North Part Lot 21,
City Development Concession 1) DATE: Jan 2,2014
Department -
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Submitted Plan
City 4 FILE No: P/CA 05/14
LLL ''-''''''_ APPLICANT: M. Abdelaziz
W AM NI O N I IC PROPERTY DESCRIPTION:2000 Valley Farm Road(North Part Lot 21,
City Development
Department Concession 1)
DATE:Jan.20,2014
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City Report to
Tu,� � Committee of Adjustment 25
eiNOWE
Application Number: P/CA 06/14
Meeting Date: February 5, 2014
From: Nilesh Surti, MCIP, RPP
Manager, Development Review & Urban Design
•
Subject: Committee of Adjustment Application P/CA 06/14
Plaza 23 Inc.
713 Krosno Boulevard
Application
The applicant requests relief from Zoning By-law 2520, as amended by By-law 5580/99
to permit an increase to the maximum permitted gross leasable floor area for
Restaurants-Type A to 495 square metres plus a restaurant patio space of 53 square
metres, whereas the by-law requires a maximum aggregate gross leasable floor area
for all Restaurants-Type A of 300 square metres.
The applicant requests approval of this variance in order to obtain a building permit for
interior alterations to accommodate an additional restaurant use on the subject lands.
Recommendation
The City Development Department considers the increase to the maximum permitted
gross leasable floor area for Restaurants-Type A to 495 square metres plus a
restaurant patio space of 53 squares metres to be minor in nature 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 applicant obtains a building permit for the proposed construction for the
proposed restaurant use by February 5, 2016, or this decision shall become null and
void.
Background
On November 15, 1999, Council passed a site-specific zoning by-law for the subject
property to permit various service commercial uses including, but not limited to:
• business offices
• dry cleaning depots
• personal service shops
• professional offices and •
• restaurants-type A
Report P/CA 06/14 February 5, 2014
6 Page 2
The site specific by-law included provisions to restrict the maximum aggregate gross
floor area for certain uses including Restaurant-Type A to ensure that no one single use •
dominates the building, and to ensure that adequate parking is provided to
accommodate such uses. The zoning by-law currently restricts Restaurant-Type A
uses to a maximum aggregate gross leasable floor area of 300 square metres. The City
of Pickering defines Restaurant-Type A uses for the subject property as:
"a building or part of a building where food is prepared and offered or kept
for retail sale to the public for immediate consumption on or off the
premises, or both..."
On August 17, 2011, the Committee of Adjustment approved a minor variance
application (P/CA 30/11) to increase the maximum aggregate gross leasable floor area
for Restaurant-Type A uses to 439 square metres and to recognize an existing
restaurant patio space totalling 53 square metres. The variance was required to
support an expansion to the existing Zerra by the Bay restaurant and an associated
outdoor patio on the south side of the building facing Liverpool Road.
Comment
Official Plan and Zoning By-law
Pickering Official Plan—"Mixed Use Area—Local Node"within the Bay Ridges
Neighbourhood
The property is also subject to the Liverpool Road Waterfront Node Development
Guidelines— Liverpool Road Corridor. The Guidelines provide direction on
neighbourhood development at a more detailed level than the Pickering Official Plan.
The Guidelines for the Liverpool Road Corridor encourage pedestrian walkability as well
as tourism and service commercial establishments that compliment the marina,
recreation and waterfront trail uses leading into the Waterfront Node. The proposal
generally conforms with the intent of the Liverpool Road Waterfront Node Development
Guidelines.
•
Zoning By-law 2520, as amended by By-law 5580/99—"LCA-10"— Local Central Area
•
Zone
Appropriateness of the Application
Variance to Increase the Maximum Aggregate Gross Leasable Floor Area for
Restaurants-Type A
• the intent of restricting the maximum aggregate gross leasable floor area for all
Restaurant-Type A uses is to provide a variety of commercial-related uses and to
ensure that adequate parking is provided on-site
Report P/CA 06/14 February 5, 2014
Page 3 27
• the applicant has advised that the proposed variance is intended to support a
future Subway restaurant within an existing commercial unit(totalling
approximately 106 square metres), located on the northwest corner of the building
• the applicant has advised that the site currently has 4 vacant units (the
equivalent of approximately 30 percent of the total gross floor area)
• with the increase in maximum aggregate gross leasable floor area to
accommodate the Subway restaurant, approximately 26 percent of the building
will contain Restaurant-Type A uses
• the proposed increase in aggregate floor area for Restaurant-Type A uses will
not preclude future opportunities to incorporate a variety of service-related
commercial uses on the subject property complimenting the Liverpool Road
Corridor
• the applicant has advised that the proposed restaurant will primarily
accommodate take-out customers which typically has a lower parking demand,
therefore the impact on parking is anticipated to be minimal
• no external expansions to the building are proposed through this application
• the requested increase to the maximum aggregate floor area for all Restaurant-
Type A uses are minor in nature and meets the intent and purpose of the Official
Plan, the Liverpool Road Waterfront Node Development Guidelines and the
Zoning By-law
Input From Other Sources
Doug Dickerson • supports the proposal
City Councillor—Ward 2 • the intersection of Liverpool Road and Krosno
Boulevard is the entry way into the Nautical Village •
• leasable space in the building has stood empty and
uninviting to the surrounding residents
• surrounding area has a number of excellent food
venues with numbers of customers continuing to
increase as the attraction of the Nautical Village and
Millennium Square becomes more widely known
Nick Givalas • objects to the applicant's proposal
711 Krosno Boulevard • did not object to the previous variance which was
granted in 2011 (which increased the maximum
aggregate floor area from 300 to 439 square
metres) since it had the potential to bring traffic into
the building
• applicant's proposal will increase to the original floor
area restriction for restaurants within the building by
65 percent
• the immediate area already provides a variety of
fast food choices for the public
•
Report P/CA 06/14 February 5, 2014
28
Page 4
• the immediate area currently experience problems
with nightly loitering
• the existing building should be marketed for
alternate commercial spaces for lease that will
benefit the neighbourhood
Date of report: January 30, 2014
Comments prepared by:
''r ./
A ey Yearw , CIP, RPP flesh Surti, MCIP, RPP
Planner II Manager, Development Review & Urban Design
AY:NS:Id
J:1DonanentsVeveldpment113-3700 CemMttee of Ad oslment(PGA AppOradons)120141PCA 0614 Building 23 Inc 1Repom'PCA 0614.doc
Enclosures
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City°i - FILE No:P/CA 06/14
" '-r- !V'. APPLICANT: Plaza 23 Inc.
NI NI° :4 vL PROPERTY DESCRIPTION: 713 Krosno Blvd (Blk 2, Plan M15)
City Development
DATE: Jan 6,2014
Department rata Souree.:
$Teranet Enterprises Inc. and Its suppllers. All rights Reserved. Not o plan of •urvy. SCALE 1:5,000 PN-3
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Submitted Plan
Obi 4 FILE No:P/CA 06/14
"=?-° APPLICANT: Plaza 23 Inc.
N WN a M\t PROPERTY DESCRIPTION: 713 Krosno Blvd(Blk 2,Plan M15)
City Development ,
Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE:Jan.16,2014
. J
city o? Report to
Committee of Adjustment
PI Cillahair
Application Number: P/CA 07/14 3.l
Meeting Date: February 5, 2014
From: Nilesh Surd, MCIP, RPP
Manager, Development Review& Urban Design
Subject: Committee of Adjustment Application P/CA 07/14
K.Selimovski
1756 Woodview Avenue
•
Application
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended:
• to permit a minimum rear yard depth of 6.0 metres to an existing covered deck
and a proposed second storey platform, whereas the by-law requires a minimum
rear yard depth of 7.5 metres
• to permit a maximum lot coverage of 35 percent, whereas the by-law permits a ,
maximum lot coverage of 33 percent
• to recognize an existing accessory structure (shed) setback a minimum of
0.4 metres from the rear lot line and 0.2 metres from the south side lot line,
whereas the by-law requires a minimum of 1.0 metre from all lot lines
The applicant requests approval of these variances in order to obtain a building permit
for an existing covered deck in the rear yard and to accommodate a proposed second
storey platform, including a railing, above the existing deck. The applicant is also
requesting zoning compliance for an existing accessory structure (shed) in the rear
yard.
Recommendation
The City Development Department considers the minimum rear yard depth of 6.0 metres
to a proposed second storey platform, including a railing, above the existing deck, 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.
The City Development Department considers the minimum rear yard depth of 6.0 metres
to an existing covered deck, with no second storey railing, maximum lot coverage of
35 percent and an accessory structure to be setback a minimum of 0.2 metres from the
south side lot line and 0.4 metres from the rear lot line 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 Zoning By-law, and therefore recommends Approval of the
proposed variances subject to the following conditions:
Report P/CA 07/14 February 5, 2014
32 Page 2
1. That these variances apply only to the existing covered deck, with no second'
storey railing, and existing shed as generally sited and outlined on the applicant's
submitted plans.
2. That the applicant obtain a building permit for the existing covered deck and shed
by February 5, 2016, or this decision shall become null and void.
Background
In July 2012, the applicant submitted a minor variance application (P/CA 45/12) to
permit a rear yard depth of 6.0 metres to a proposed 2 storey deck onto the rear of the
existing detached dwelling, to permit a total lot coverage of 37 percent and to recognize
a west rear yard depth of 0.4 metres and a south side yard width of 0.2 metres to an
existing shed. The Committee of Adjustment approved the minor variances for the shed
and a covered one storey deck, by removing the railings on the second storey deck.
The decision of the Committee of Adjustment expired on July 25, 2013, as no building
permit had been obtained for the deck.
The current minor variance application is seeking similar permissions as the previous
application (P/CA 45/12).
Official Plan and Zoning By-law
Pickering Official Plan— "Urban Residential Area — Low Density Area"—within the
Rougemount Neighbourhood
Zoning By-law 3036—"R4— Single Detached Dwelling
Appropriateness of the Application
Rear Yard Variance to an Existing Covered Deck and a Proposed Second Storey
Platform
• the intent of the minimum rear yard setback is to provide an appropriate
separation from abutting properties to ensure privacy, protect views, ensure
openness and to provide an adequate amenity area
• staff are concerned that the second storey platform would negatively impact
adjoining properties to the south and west with respect to privacy, views and
openness and, given the size of the platform, it would also allow for potential
increases in the activities on the second storey which would have a greater
negative impact on adjoining property owners
• the impact of the proposed second storey deck would not be in keeping with the
character of the surrounding area, and would result in an inappropriate scale of
development in relation to the built form that has been established in the
neighbourhood
Report P/CA 07/14 February 5, 2014
Page 333
• staff continue to support the decision of the Committee of Adjustment from July
25, 2014 to approve the existing covered deck as it maintains adequate amenity
area and ensures separation from abutting properties to protect privacy
• the requested variance for the existing covered deck is minor, however staff
believe that the proposed second stored platform, including railings is a major
variance that is not desirable for the appropriate development of the land and not
in keeping with the intent and purpose of the Zoning By-law
Accessory Structure 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 subject property, and that the visual impact on
adjacent properties is minimized
• the existing setback of 0.2 metres and 0.4 metres to an existing accessory
structure is an existing situation that has not negatively impacted adjacent
properties, as it has been existing for numerous years
• there have been no complaints regarding the roof drainage, maintenance and
visual impact of the existing structure affecting abutting properties
• the requested variance is minor in nature, desirable for the appropriate
development of the subject lands and is in keeping with the intent of the Official
Plan and Zoning By-law
•
Lot Coverage Variance
• the intent of the maximum lot coverage provision is to maintain an appropriate
amount of outdoor amenity area that is uncovered by buildings or structures and
to regulate the maximum size and mass of buildings on a lot
• the increase in lot coverage is required due to the size of the accessory structure
and covered deck on the lot
• an adequate outdoor private amenity area is being provided on the lot
• the increase in lot coverage will not alter the character of the subject property or
the surrounding neighbourhood
• the requested variance is minor in nature, desirable for the appropriate
development of the subject lands and is in keeping with the intent of the Official
Plan and Zoning By-law
Agency Comments:
Engineering & Public Works • concerns with the location of the accessory
structure which may block drainage and the
roof drainage may cause issues on the
neighbour's property
• requested that the accessory structure be
moved to the minimum required setback of
1.0 metre
Report P/CA 07/14 February 5, 2014
34 Page 4
Date of report: January 30, 2014
•
Comments prepared by:
/4/ j/k4gdialk_
Melissa Markham, MCIP, RPP Nilesh Surti, MCIP, RPP
Principal Planner— Development Review Manager, Development Review &
Urban Design
MM:Id
J:1Documentseevelupnenf0-3700 Committee of Adjustment(PCA Appfications)120141PCA 07-14 K.SeInnovsk0RepordRepo0.00c
Enclosures
•
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4 FILE No:P/CA 07/14
`=h-= '�";•- APPLICANT: K. Selimovski
vs��a�� lIc PROPERTY DESCRIPTION: 1756 Woodview Ave (Lot 17, 40M-1692)
City Development
DATE:Jail 9,2014
Department Data 9auree,: -
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Submitted Plan
CBI/'If FILE No: P/CA 07/14
'' • °°• •' -- APPLICANT: K. Selimovski
��`�E, �1 PROPERTY DESCRIPTION:1756 Woodview Ave(Lot 17, 40M-1692)
City Development
Department
DATE:Jan.15,2014
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City 4 FILE No: P/CA 07/14
" -=`''''-'- APPLICANT: K. Selimovski
Cd(CI CI N I,C PROPERTY DESCRIPTION:1756 Woodview Ave (Lot 17, 40M-1692)
City Development
Department
DATE:Jan.15,2014
Cif 00 .
Report to
3 S Committee of Adjustment
l,-:_�\��,
Application Number: P/CA 10/14 & P/CA 11/14
Meeting Date: February 5, 2014
From: Nilesh Surti, MCIP, RPP
Manager, Development Review & Urban Design
Subject: Committee of Adjustment Applications P/CA 10/14 & P/CA 11/14
J. & S. Janevski
1834 Fairport Road
•
Applications
P/CA 10114(Proposed Retained Parcel)
The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum
side yard width of 1.2 metres and a maximum lot coverage of 36 percent, whereas the
by-law requires a minimum side yard width of 1.5 metres and a maximum lot coverage
of 33 percent.
P/CA 11/14 (Proposed Severed Parcel)
The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum
side yard width of 1.2 metres and a maximum lot coverage of 42 percent, whereas the
by-law requires a minimum side yard width of 1.5 metres and a maximum lot coverage
of 33 percent.
The applicant requests approval these two minor variance applications in order to
permit the construction of a two-storey detached dwelling on the proposed severed
parcel and to replace an existing dwelling with a new two-storey detached dwelling on
the proposed retained parcel.
Recommendation P/CA 10/14 (Proposed Retained Parcel)
The City Development Department considers a minimum side yard width of 1.2 metres
to a two-storey detached dwelling and a maximum lot coverage of 36 percent to be
minor in nature, 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 the variances apply only to the proposed lot configuration and side yard width
affecting the future dwelling on the proposed retained parcel, as generally sited and
outlined on the applicant's submitted plans.
2. That the applicant obtains final clearance for the Land Division Application LD122/13
by October 31, 2014, or this decision shall become null and void.
Report P/CA 10/14 & P/CA 11/14 February 5, 2014
• Page 239
3. That the applicant obtains a building permit for the construction of a detached
dwelling on the proposed retained parcel by February 5, 2016, or this decision shall
become null and void.
Recommendation P/CA 11/14 (Proposed Severed Parcel)
The City Development Department considers a minimum side yard width of 1.2 metres
to a two-storey detached dwelling and a maximum lot coverage of 42 percent to be
minor in nature, 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 the variances apply only to the proposed lot configuration and side yard width
affecting the future dwelling on the proposed severed parcel, as generally sited and
outlined on the applicant's submitted plans.
2. That the applicant obtains final clearance for the Land Division Application LD122/13
by October 31, 2014, or this decision shall become null and void.
3. That the applicant obtains a building permit for the construction of a detached
dwelling on the proposed retained parcel by February 5, 2016, or this decision shall
become null and void.
Background
On Monday September 16, 2013 the Region of Durham Land Division Committee
approved, with conditions, the severance of the subject property to create a new lot with
15.2 metres of frontage on Eastbank Road and a lot area of 650 square metres.
Comment
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject property as "Urban Residential— Low
Density Areas". The proposed severed parcel is within the Amberlea Neighbourhood
and the proposed retained parcel is within the Dunbarton Neighbourhood.
The retained parcel is also subject to the Dunbarton Neighbourhood Development
Guidelines. The Guidelines provide direction on neighbourhood development at a more
detailed level than the Pickering Official Plan, including recommendations on lot sizes,
lot areas, dwelling types and building setbacks. The proposed lots will generally
conform with the Dunbarton Neighbourhood Development Guidelines.
Report P/CA 10/14 & P/CA 11/14 February 5, 2014
Page 3
The subject property is presently zoned "R4"—Third Density Residential Zone within
Zoning By-law 3036, as amended.
Appropriateness of the Application
Side Yard Width Variances
.• the intent of a minimum side yard width is to provide an appropriate separation
distance between structures on abutting properties in order to maintain
pedestrian access, and to accommodate grading, drainage and residential
services such as air conditioning units and utility meters
• the proposed 1.2 metre side yard width provides an appropriate separation
distance between adjacent dwellings and will maintain sufficient pedestrian
access and accommodate grading, drainage and residential services
• several variances for reduced side yard width have been granted for
neighbouring properties along Spruce Hill Road
• the requested side yard variances are minor in nature and meet the intent and
purpose of the Official Plan and the Zoning By-law
Increase in Lot Coverage
• the intent of the maximum lot coverage provision is to maintain an appropriate
amount of outdoor amenity area uncovered by buildings on a lot and to regulate
the scale and size of the buildings
• the increase in lot coverage to 36 percent on the proposed retained parcel and
42 percent on the proposed severed parcel will not change the character of the
subject property or the area
• no variances are required to reduce front or rear yard depth, therefore adequate
front and rear yard amenity space will be maintained
• the requested variance is minor in nature and maintains the intent of the Official
Plan and the Zoning By-law
Date of report: January 30, 2014
Comme •repared by: _
4,
Amy Emm, MCIP, RPP Nilesh urti, MCIP, RPP
Planner II Manager, Development Review& Urban Design
AE:NS:Id
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Location Map
City°! - --- FILE No:P/CA 10/14 &P/CA 11/14
`11 °:n ice- ••• APPLICANT: J. &S. Janevski
V~■ g t,l,� PROPERTY DESCRIPTION: 1796 Spruce Hill Road(RCP Lot 48, Plan 1041)
City Development
Department DATE: Jan 13,2014 .
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PICA 11/14
To permit a minimum P/CA 11/14
side yard width of 1.2 To permit a maximum P/CA 10/14
metres to a new two lot coverage of 42 To permit a minimum
storey dwelling percent side yard width of 1.2
metres to a new two
storey dwelling I
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Z ue, 1 DWELLING RETAINED LOT 2 STOR Y
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PROPOSED
SEVERED LOT P/CA 10114
To permit a maximum
lot coverage of 36
, percent
I
Submitted Plan
4 FILE No: P/CA 10/14 to P/CA 11/14 .
•F_T'=
�[«;, C,''- APPLICANT: J.&S.Janevski
City Development PROPERTY DESCRIPTION: 1796 Spruce Hill Road(RCP Lot 48,Plan 1041)
Department
' DATE:Jan.15,2014
•
•