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Home My WebLink AboutJuly 23, 2014Committee of Adjustment Agenda Cttq "~ Meeting Number: 10 Date: Wednesday, July 23, 2014 (I) Adoption of Agenda (II) Adoption of Minutes from July 2, 2014 (Ill) Reports 1. PICA 67114 J. Harbinson 1 002 Albacore Manor 2. PICA 68114 to PICA 71114 Nuteck Homes Ltd. 1825 1827 Appleview Road (IV) Adjournment Committee of Adjustment Agenda Wednesday, July 23, 2014 7:00pm Main Committee Room Page Number 1-5 6-9 10-14 Accessible •--For information related to accessibility requirements please contact: Lesley Dunne PICKE~_G T. 905.420.4660, extension 2024 TTY 905.420.1739 Email ldunne@pickering.ca Pending Adoption Present: Tom Copeland David Johnson -Chair Eric Newton Bill Utton Shirley Van Steen -Vice-Chair Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 01 7:00pm Main Committee Room That the agenda for the Wednesday, July 2, 2014 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton Carried Unanimously That the minutes of the 8th meeting of the Committee of Adjustment held Wednesday, June 11, 2014 be adopted. Carried Unanimously Page 1 of 5 02 (Ill) 1. Reports PICA 65114 M. Petersen 4865 Brock Road Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3037, as amended by By-law 4209193, to permit a 42.0 square metre accessory building in the front yard; whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard. The applicant requests approval of this minor variance application in order to obtain a building permit to construct an accessory building within the front yard. Secretary-Treasurer outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Shane Gregory, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question Shane Gregory stated that the proposed accessory building will be used for general storage and the open covered area will provide additional amenity space. Moved by Shirley Van Steen Seconded by Bill Utton That application PICA 65114 by M. Petersen, be Approved on the grounds that the 42.0 square metre accessory building in the front yard is 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, subject to the following conditions: 1. That the variance applies only to the proposed accessory building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the construction by July 4, 2016, or this decision shall become null and void. Carried Unanimously Page 2 of 5 2. PICA 66/14 Leading Auto Repair Inc. 5305 Brock Road Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 7:00pm 03 Main Committee Room The applicant requests relief from the following zone provisions of Zoning By-law 3037, as amended by By-law 6640/06: • to permit the enlargement of a lawful non-conforming building by 46.0 square metres containing a vehicle repair and auto body establishment and a metal fabricating establishment, and • to permit a minimum exterior side yard width of 2.3 metres to the proposed one-storey addition, whereas the by-law requires a minimum exterior side yard width of 6.0 metres The applicant requests approval of these variances in order to obtain a building permit to recognize a one-storey addition to the existing building currently used as a vehicle repair shop and auto body shop, and a metal fabricating establishment. Secretary-Treasurer outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Grant Morris, agent, was present to represent the application. lan Gillespie of 5329 Brock Road was present in objection to the application. Sandra and Jenna Fawcett of 5321 Brock Road were present seeking additional information and clarification related to the application. Grant Morris provided background information related to the minor variance application. He stated that the present use of the property was in existence prior to the passing of the current zoning by-law. He stated that the owner began construction on an addition to the existing building prior to obtaining a building permit. He stated that the City informed the owner that the enlargement of the lawful non-conforming use required a minor variance. Grant Morris stated that the variances are minor and meet all four tests of the Planning Act. I an Gillespie expressed a concern with the minor variance application and stated that the variance to reduce the side yard width to 2.3 metres was not minor. He also stated that the property has a lot of scrap cars being stored outside. Page 3 of 5 04 Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 7:00pm Main Committee Room In response to questions from Committee Members, the Secretary-Treasurer explained the zoning by-law and indicated there are no parking restrictions on the property or restrictions on the number or condition of vehicles that can be stored on the property. Sandra Fawcett explained the history of the property to the north. She was not opposed to the 2.3 metre side yard width beside her property, as the current building is located closer than the requested setback. She stated that she has built an 8 foot fence to obstruct the view of the vehicle repair and auto body establishment and smells from the paint spraying. She also indicated that she is in the process of cleaning up her property to improve the community. In response to a question from a Committee Member, Grant Morris stated the new addition will be used to prepare cars before going into the spray booth. He also stated the spray booth is in compliance with Ministry standards. Moved by Shirley Van Steen Seconded by Eric Newton That application PICA 66/14 by Leading Auto Repair Inc., be Approved on the grounds that the 46.0 square metre enlargement to a lawful non-conforming building and a minimum exterior side yard width of 2.3 metres to the proposed one-storey addition 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 these variances apply only to the proposed one-storey addition, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by July 3, 2015, or this decision shall become null and void. Vote Tom Copeland David Johnson Eric Newton Bill Utton Shirley Van Steen opposed in favour in favour in favour in favour Carried Page 4 of 5 Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 05 7:00pm Main Committee Room (IV) Adjournment Date ·Chair Moved by Bill Utton Seconded by Eric Newton That the gth meeting of the 2014 Committee of Adjustment be adjourned at 7:27 pm and the next meeting of the Committee of Adjustment be held on Wednesday, July 23, 2014. Carried Unanimously Assistant Secretary-Treasurer Page 5 of 5 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 67114 Meeting Date: July 23, 2014 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 67114 J. Hanbinson 1 002 Albacore Manor The applicant requests relief from Zoning By-law 2511, as amended by By-law 1299181, to recognize an existing uncovered platform to project a maximum of 2.0 metres into the required rear yard; whereas the by-law does not permit an uncovered platform to project into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit for an uncovered platform (deck) currently under construction. Recommendation The City Development Department considers an uncovered platform projecting a maximum of 2.0 metres into the required rear yard 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 variance subject to the following conditions: 1. That the variance applies only to the uncovered platform, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the construction by July 23, 2016, or this decision shall become null and void. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Medium Density" within the Bay Ridges Neighbourhood. The subject property is currently zoned "SA" -Single Residential within Zoning By-law 2511, as amended by By-law 1299181, which provides for site specific performance standards. Report PICA 67/14 July 23, 2014 Page 2 Appropriateness of the Application Increased Projection of Uncovered Platform • the intent of this provision is to ensure adequate amenity space is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow appropriate access for maintenance, lot grading and drainage • the existing platform (deck) is uncovered, has a height of approximately 2.4 metres and projects 2.0 metres into the required rear yard • sufficient side and rear yard setback is provided for maintenance, lot grading and drainage • the existing platform (deck) maintains an adequate outdoor private amenity area within the rear yard • the existing platform (deck) will have minimal impact on the privacy of abutting property owners as there is a pedestrian walkway to the west, one property owner to the east and a residential park to the south of the property • staff are of the opinion that the requested variance is minor in nature, desirable for the appropriate development of the property, and maintains the intent of the Pickering Official Plan and Zoning By-law Date of report: July 17, 2014 Comments prepared by: ___ .... ~.-/A· ·* ~ I ~ ~?~~~ Lalita Paray, MCIP, ~pp Planner II LP:Id J:\Documents\Development\D-3700\2014\PCA 67-14\Report\PCA 67 _14.doc Enclosures \ Nilesh Su ·, MCIP, RPP Manager, Development Review & Urban Design 07 08 FRENCHMAN'S Y ~ City Development Department Location Map FILE No: P/CA 67/14 ST. MARTIN'S ANGLICAN CHURCH APPLICANT: J. Harbinson DOUGLAS PARK PROPERTY DESCRIPTION: 1002 Albacore Manor (Pt Blk 14, Plan 40M-1281, Part 17, 18, 40R-7882) DATE: July a, 2014 Data Sources: Teronet Enterprises Inc. and its suppliers. All rights Reserved. Not o plcn of survey. 2013 ~PAC and its suppliers. All rights Reserved. Not o pion of Survey. SCALE 1 :5,000 N-2 To permit an uncovered platform to project a maximum of 2.0 metres into the required rear ard Submitted Plan FILE No: P/CA 67/14 EXISTING 2 STOREY DWELLING 6.2m EXISTING DECK 7.4m APPLICANT: J. Harbinson 09 PROPERTY DESCRIPTION: 1002 Albacore Manor (Pt Blk 14, City Development Department Plan 40M-1281 Part 17, 18, 40R-7882) DATE: July 8, 2014 10 From: Subject: Applications Report to Committee of Adjustment Application Numbers: PICA 68114 to PICA 71114 Meeting Date: July 23, 2014 Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Committee of Adjustment Applications PICA 68114 to PICA 71114 Nuteck Homes Ltd. 1825 1827 Appleview Road PICA 68114 (Proposed Retained Lot-Appleview Road) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. PICA 69114 (Proposed Severed Lot-Appleview Road) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. PICA 70114 (Proposed Severed Lot -Heaths ide Crescent) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 12.0 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. PICA 71114 (Proposed Severed Lot-Heathside Crescent) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.5 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of these minor variance applications, to create three additional lots (two fronting Appleview Road and two fronting Heathside Crescent) through the Region of Durham Land Division Committee, in order to permit a detached dwelling on the retained parcel and on each of the proposed severed parcels. Report PICA 68/14 to PICA 71/14 July 23, 2014 Page 2 ll Recommendations for PICA 68114 to PICA 71114 The City Development Department considers minor variance applications PICA 68/14 to PICA 71/14 to be premature and recommends that they be Tabled to allow the Owner to continue working with City staff to address technical grading and driveway location concerns related to the proposed lots fronting Heathside Crescent. Background Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Urban Residential-Low Density Areas. The proposed lots fronting onto Appleview Road are situated within the Dunbarton Neighbourhood, whereas the proposed lots fronting onto Heathside Crescent are situated within the Liverpool Neighbourhood. The Pickering Zoning By-law 3036 zones the subject property as "R3" -Third Density Residential Zone, which permits a detached dwelling with a minimum lot frontage of 18.0 metres and a minimum lot area of 550 square metres. Comments The applicant has requested four minor variance applications to reduce the minimum lot frontages and minimum side yard widths in order to facilitate the creation of four residential lots for detached dwellings (two fronting Appleview Road and two fronting Heathside Crescent) through the Region of Durham Land Division Committee. The City's Engineering & Public Works Department has indicated the following concerns with the proposed lots which need to be addressed: • preliminary grading and drainage for the proposed lots to ensure no adverse impact affecting the lot to the north • review proposed driveway locations related to the crossing at the boulevard fronting the property to the north • the location of the existing Canada Post Community Mailbox and street light fronting the proposed lots on Heathside Crescent, and the requirement for the relocation of each service • submission of a tree inventory and preservation plan to determine if any trees can be protected and a compensation strategy for the removed trees Prior to assessing the merit of the applicant's development proposal, City staff will require that the applicant provide a Preliminary Grading and Drainage Plan and a Tree Inventory Protection/Removal Plan for the subject property. In order to ensure orderly development of the subject property, staff is of the opinion that the applicant's proposal is premature and that the above-noted concerns should be explored further to the satisfaction of the Engineering & Public Works Department. 12 Report PICA 68114 to PICA 71114 Date of report: July 17, 2014 Comments prepared by: ~ 2:" f£11\~ ... or. ) ( , /) / 'Ashre:Vea oodJJVLCtF(RPP Planner II AY:NS:Id Nilesh Surti, MCIP, RPP July 23, 2014 Page 3 Manager, Development Review & Urban Design J:\Documents\Development\0-3700\2014\PCA 68-14 to PCA 71-14\Report\PCA 68-14 to PCA 71-14 (Tabled).doc Enclosures I STROUDS ==I I 1-- r--- 1-- 1-- 1-- 1-- 1-- 13 -------,-----1-'------J r-~---r--------------~-----J I I ~ "??:= City Development Department Location Map FILE No: P/CA 68/14 to P/CA 71/14 APPLICANT: Nuteck Homes Ltd. PROPERTY DESCRIPTION: 1827 Appleview Road (RCP Lot 18, Plan 1051) Dote Sources: 16'-Teronl!:t Enterpr-ises Inc. end its supplier'"s. All rights Reserved. Not a plan of survey. )e 2013 MPAC ond its suppliers. All rights Reserved. Not o pion of Survey. DATE: July 2, 2014 SCALE 1 :5,000 N-2 0 <{ 0 a:: ~ w > w _ j 0. . 0. . <{ PI C A · 6 8 1 1 4 PI C A 68 1 1 4 To pe r m i t a mi n i m u m si d e ya r d wi d t h of 1. 5 me t r e s To pe r m i t a mi n i m u m lo t fr o n t a g e of 15 2 me t r e s -· ·- - - - - - - - - -- -- - - - - - - - - - - I -- ~- - - l 76 2 m PR O P O S E D r \E ! lf 1 I TW O ST O R E Y ' PR O P O S E D RE T A I N E D PA R C E L PI C A 68 1 1 4 jN 1.0 I r-- - - ~ ·~-J l l l l I ! ___ _ _ _ _ _ ] PI C A 69 1 1 4 DW E L L I N G i - - _I -- - * - - - - · - · · PR O P O S E D TW O ST O R E Y DW E L L I N G -~ - ~ ~ - PI C A 69 1 1 4 PR O P O S E D SE V E R E D PA R C E L PI C A 69 1 1 4 To pe r m i t a mi n i m u m lo t fr o n t a g e of 15 2 me t r e s To pe r m i t a mi n i m u m si d e ya r d wi d t h of 1. 5 me t r e s Su b m i t t e d Pl a n - - -- - FI L E No : P/ C A 68 / 1 4 to P/ C A 71 / 1 4 - - ·· - · - - - - AP P L I C A N T : Nu t e c k Ho m e s Lt d . - -- PI C A 70 1 1 4 PI C A 70 1 1 4 To pe r m i t a mi n i m u m lo t fr o n t a g e of 12 . 0 me t r e s To pe r m i t a mi n i m u m si d e ya r d wi d t h of 1 5 me t r e s ~ r -·- "4 5 : 7 m - /.0 . . . . ' - .. E "" f 0 (' f ) PR O P O S E D SE V E R E D PA R C E L PI C A 70 1 1 4 18 . 3r r L __ _ _ "' / "v~ / '\~ / // . / / PI C A 71 1 1 4 PICA 71114 To permit a minimum lot frontage of 15 5 metres ///./ ,, PROPOSED TWO STOREY DWELLING PROPO~ED SEVERED _____ _ PARCEL PICA71114 36.6mc_ ----·····--~-~·--- To pe r m i t a mi n i m u m side ya r d wi d t h of 1 5 metres 1' PR O P E R T Y DE S C R I P T I O N : 18 2 7 Ap p l e v i e w Ro a d ( ~ C P Lo t 1 ~. P l a n 1 05 1 ) 1-' ~ Ci t y De v e l o p m e n t De p a r t m e n t FU L L SC I I L E CO P I E S OF TH I S PL A N li R E AV A I L A B L E FO R VI F W I N G Ar TH E CI T Y or PIC K E R I N G CI T Y DE V E L O P M E N T DE P A R T M E N T r-D~~E:J·u-1;;~ 2~1~