HomeMy WebLinkAboutJanuary 28, 2015 - CoACommittee of Adjustment
Agenda
Cttq o~
Meeting Number: 2
Date: Wednesday, January 28, 2015
(I)
(II)
(Ill)
(IV)
Adoption of Agenda
Adoption of Minutes from January 7, 2015
Reports
Committee of Adjustment
Agenda
Wednesday, January 28, 2015
7:00pm
Main Committee Room
Page Number
1-3
1. Tabled at the November 26, 2014 meeting 4-10
PICA 94114
C. Newton
631 Liverpool Road
2. PICA 02115 & PICA 03115 11-16
F. & J. Racz
317 Sheppard Avenue
3. PICA 04115 17-21
G. & S. MacGillivary
701 Cortez Avenue
4. PICA 05115 22-28
M. Labalestra & S. Mason
1246 Ilona Park Road
5. PICA 06115 29-33
M. Modica
557 Marksbury Road
Adjournment
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, January 7, 2015 0 1
7:00pm
Main Committee Room
That the agenda for the Wednesday, January 7, 2015 meeting be adopted.
(II) Adoption of Minutes
Moved by Tom Copeland
Seconded by Eric Newton
Carried Unanimously
That the minutes of the 16th meeting of the Committee of Adjustment held
Wednesday, November 26, 2014 be adopted as amended.
Carried Unanimously
Page 1 of 3
Committee of Adjustment
0 2 Meeting Minutes
(Ill) Reports
1. P/CA01/15
JMPM Holdings Ltd.
1635 Bayly Street
Wednesday, January 7, 2015
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 2511, as amended by By-law
6974/09:
• to permit an outdoor patio to be located outside of the building envelope with
a minimum setback of 0.8 of a metre from the north lot line
The applicant is requesting approval of this minor variance application in order to
obtain Site Plan Approval to construct an outdoor patio in association with a
proposed restaurant use.
The Secretary-Treasurer outlined the 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.
Mike Eveleigh, agent, was present to represent the application. Catherine Hodge
from the City of Pickering Economic Development Section of the City Development
Department and Radi Khory of 1622 Bayly Street were present in favour of the
application.
Catherine Hodge stated that she has been working closely with the owners of
1635 Bayly Street to find tenants for the vacant commercial buildings on the
property. She stated support for staff's recommendations and feels this
development would help to transform the area and is in keeping with the urban
design anticipated for the City Centre area.
Radi Khory stated that he is happy to see businesses moving into the vacant
commercial building and supports the variance application.
Moved by Tom Copeland
Seconded by Bill Utton
That application PICA 01/15 by JMPM Holdings Ltd., be Approved on the
grounds that the requested variance to permit an outdoor patio to be located
outside of the building envelope with a minimum setback of 0.8 of a metre from
the north lot line 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:
Page 2 of 3
Committee of Adjustment
Meeting Minutes 0 3
Wednesday, January 7, 2015
7:00pm
Main Committee Room
1. That the variance apply only to the proposed patio as generally sited and
outlined on the applicant's submitted plan.
2. That the applicant obtains Site Plan Approval for the proposed patio by
January 7, 2016 or this decision shall become null and void.
Carried Unanimously
(IV) Adjournment
Date
Chair
Moved by Bill Utton
Seconded by Eric Newton
That the 1st meeting of the 2015 Committee of Adjustment be adjourned at
7:06 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, January 28, 2015.
Carried Unanimously
Assistant Secretary-Treasurer
Page 3 of 3
From:
Subject:
Application
Nilesh Surti, MCIP, HPP
Report to
Committee of Adjustment
Application Number: PICA 94114
Meeting Date: January 28, 2015
(Tabled at the November 26, 2014 meeting)
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 94114
C. Newton
631 Liverpool Road
The applicant requests relief from Zoning By-law 2520, as amended by By-law 5938102:
• to permit a commercial school on the subject lands, whereas the by-law does not
permit a commercial school
• to permit a minimum rear yard setback of 20.0 metres, whereas the by-law
requires a minimum rear yard setback of 25.0 metres
• to permit a maximum projection of 1.3 metres into the required south side yard,
whereas the by-law permits a maximum projection of 0.9 metres into a required
side yard
• to permit a minimum two-way access drive aisle width of 3.8 metres between
Liverpool Road and the rear wall of the ground floor of the proposed building,
whereas the by-law requires a minimum two-way access drive aisle width of
6.5 metres
The applicant requests approval of these variances in order to obtain Site Plan Approval
and a building permit for an addition to an existing building to accommodate a range of
permitted uses and a commercial school.
Recommendation
The City Development Department considers the requested variance to permit a
commercial school, a minimum rear yard setback of 20.0 metres, a maximum projection
of 1.3 metres into the required south side yard and, a minimum two-way access drive
aisle width of 3.8 metres between Liverpool Road and the rear wall of the ground floor
of the proposed building 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 PICA 94/14 January 28, 2015
(Tabled at the November 26, 2014 meeting)
Page 2
1. That these variances apply only to the' proposed development as generally sited and
outlined on the applicant's submitted plans.
2. That all non-residential uses permitted within the "MU-13" zone category within
Zoning By-law 2520, as amended by By-law 5938/02 and a commercial school may
be permitted only within the ground floor and basement of the building, and shall not
exceed 360 square metres of gross leasable floor area.
3. That the applicant obtains Site Plan Approval for the proposed construction by
January 28, 2016, or this decision shall become null and void.
Background
On March 7, 2014, the applicant submitted a site plan application for a 712 square
metre addition to a 195 square metre existing building to accommodate a commercial
school within the basement and on the ground floor, a restaurant on the ground floor
and a two-storey dwelling unit on the second and third floors of the building, for a total
gross floor area of 907 square metres. A total of 20 parking spaces are provided on-site
to accommodate the various uses.
On November 6, 2014, a copy of the proposed plans was sent to the Site Plan Advisory
Committee for their review and comments.
On November 26, 2014, the application was tabled at the Committee of Adjustment
meeting. On January 6, 2015, the owner met with the neigbouring residents to discuss
their concerns and further clarify the proposed development.
A revised Site Plan, as attached, has been submitted addressing concerns related to
location of garbage enclosure and parking surface treatment.
Official Plan and Zoning By-law
The Official Plan designates the subject lands as "Urban Residential -Low Density
Area" within the Bay Ridges Neighbourhood. The subject lands are further identified as
being within the Liverpool Road Corridor which restricts permissible uses to permits
retailing of goods and services, restaurants, offices, and community, cultural and
recreational uses, to serve the tourist, recreational, boating and other community needs,
as well as residential uses.
The subject property is zoned "MU-13"-Mixed Use within By-law 2520, as amended by
By-law 5938/02, which permits a bed and breakfast establishment, business office, club,
day nursery, detached dwelling, personal service shop, professional office, restaurant
type-A and retail store.
Report PICA 94/14 January 28, 2015
,, '"' (Tabled at the November 26, 2014 meeting)
I ~ . Page 3
Appropriateness of the Application
To Permit a Commercial School
• the intent of the by-law was to permit limited commercial uses on the subject
lands within the existing detached dwelling
• as noted above, the zone, by-law currently permits a bed and breakfast
establishment, business office, club, day nursery, detached dwelling, personal
service shop, professional office, restaurant type-A and retail store
• the applicant is requesting to permit a commercial school (Mixed Martial Arts) on
the subject lands, whereas the by-law does not permit a commercial school
• the overall size of the commercial school is approximately 330 square metres, of
total gross floor area which represents approximately 37 percent of the total
gross floor area of the development
• parking requirements for a commercial school is provided at a rate of 4.5 spaces
per 100 square metres of gross leasable floor area for a total of 15 parking
spaces
• based on the mix of uses within the proposed development, a total of 20 parking
spaces are illustrated on the site plan in accordance with the requirements of the
zoning by-law
• existing zoning by-laws to the south and to the west of the subject property
permit a range of commercial uses including a commercial school
• a commercial school is similar in operation to a Club, which is permitted on the
property, and will have little adverse impact on the surrounding neighbourhood
• the proposed uses are consistent with the permitted uses found within the
Liverpool Road Waterfro11t Node Development Guidelines
• the requested variance to permit a commercial school use is minor in nature and
maintains the general intent and purpose of the Official Plan and Zoning By-law
Minimum rear yard setback variance
• the intent of the minimum rear yard setback is to provide an appropriate
separation from abutting properties to ensure privacy, conform to the established
setbacks on adjacent parcels of land, protect views, and to provide an adequate
parking area for proposed commercial uses
• the proposed addition would encroach into the rear yard setback by 5.0 metres
and would be constructed on piers supporting the second and third floor
residential dwelling in order to ensure that adequate parking is provided for the
site
• the required parking spaces would be located on the ground floor under the
cantilevered building addition and in the remainder of the rear yard
• the proposed addition would be in keeping with the character of the surrounding
area, and would be of an appropriate scale of development in relation to the built
form that has been established in the neighbourhood
• the reduction of rear yard setback from 25.0 metres to 20.0 metres is minor in
nature and it would have minimal impact on the privacy of abutting property
owners
Report PICA 94/14 January 28, 2015
(Tabled at the November 26, 2014 meeting)
Page 4
Maximum projection into required side yard variance
• the intent of this provision is to ensure that appropriate setbacks are provided to
protect the privacy of abutting property owners and allow for appropriate access
for maintenance, lot grading and drainage
• the proposed second floor balcony at the southwest corner of the building is
uncovered, has a height of approximately 2.8 metres and projects 1.3 metres into
the required south side yard
• the proposed second storey balcony creates a covered porch on the ground floor
which is in keeping with the Nautical Village design of street front presence and
pedestrian access to the building
• the proposed balcony will provide weather protection and enhance the
architectural design of the dwelling
• sufficient side yard setback is provided for maintenance, lot grading and drainage
• the proposed projection into the required south side yard will have minimal
impact on the privacy of abutting property owners
Minimum drive aisle width variance
• the intent of regulating the minimum width of a two-way access drive aisle is to
provide sufficient width to allow vehicles to ingress and egress a site safely
without adversely impacting traffic operation
• the applicant has requested relief to reduce the minimum two-way access drive
aisle width from 6.5 metres to 3.8 metres between Liverpool Road and the rear
wall of the ground floor of the building
• the existing building on the site is the original 1% storey Victorian farmhouse that
dates back to the mid to late 1800s that the owner has made a commitment to
preserve as part of the redevelopment
• the existing 3.8"metre wide access drive aisle is located between the existing
farmhouse and the north property
• the vehicular entrance to the site can only accommodate one vehicle at a time
• to accommodate a two-way operation, a yield sign will be placed at the rear wall
of the building and sign stating "Single lane traffic, proceed with caution" warning
drivers entering the site there may be another driver leaving the site
• the applicant has provided staff with hours of operations and average anticipated
use of the commercial uses to illustrate that the potential on-site traffic will have
minimal impact on vehicula.r traffic flow on Liverpool Road
• Engineering and Planning staff have reviewed the submitted proposal and are
generally satisfied with the on-site vehicular circulation
• the requested variance is minor in nature and maintains the general intent and
purpose of the Official Plan, Development Guidelines and the Zoning By-law
17 l.J
Report PICA 94/14 January 28, 2015 O 8 (Tabled at the November 26, 2014 meeting)
Page 5
Date of report: January 22, 2015
Comments prepared by:
i~ ~
Isabelle Janton rti, MCIP, RPP
Planner II -Site Planning Manager, Development Review & Urban Design
IJ:NS:Id
J:\Documents\Oevelopment\0-3700\2014\PCA 94-14\Report\PCA 94-14-Tab!ed.doc
Enclosures
FRENCHMAN'S BAY
LAKE ONTARIO
City Development
Department
Location Map
FILE No: PICA 94/14
APPLICANT: C. Newton
HOLY
REDEEMER
SEPARATE
SCHOOL
PROPERTY DESCRIPTION:631 Liverpool Road (S Pt Lt 22, Rang 3, B.F.C
40R-20148 Part 1) DATE: Sept. 25, 2014
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-~ DATE:Jan. 14, 2015 ...... 0
From:
Subject:
Applications
Report to
Committee of Adjustment
Application Numbers: PICA 02115 and PICA 03115
Meeting Date: January 28, 2015
Nilesh Surti, MCIP, RPP
Manager, Development Review & Urban Design
Committee of Adjustment Applications PICA 02115 and PICA 03115
F. and J. Racz
317 Sheppard Avenue
PICA 02115 (Proposed Retained Parcel)
The applicant requests relief from Zoning By-law 3036 as amended, to permit a
minimum lot frontage of 15.2 metres, whereas the by-law requires a minimum lot
frontage of 18.0 metres.
PICA 03115 (Proposed Severed Parcel)
The applicant requests relief from Zoning By-law 3036 as amended, to permit a
minimum lot frontage of 15.2 metres, whereas the by-law requires a minimum lot
frontage of 18.0 metres.
The applicant requests approval of these variances in order to create one additional lot
through the Region of Durham Land Division Committee in order to permit a two-storey
detached dwelling on the proposed severed parcel and to replace an existing dwelling
with a new two-storey dwelling on the proposed retained parcel.
Recommendation PICA 02115 (Proposed Retained Parcel)
The City Development Department considers the minimum lot frontage of 15.2 metres
for the proposed retained parcel 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 this variance applies only to the proposed lot configuration for the proposed
retained parcel, as generally sited and outlined on the applicant's submitted plan.
2. That the applicant obtains final clearance for Land Division Application file number
LD 001115 by April1, 2016, or this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction on the
proposed retained and severed parcels by January 27, 2017, or this decision shall
become null and void.
11
12
Report PICA 02115 and PICA 03115
Recommendation PICA 03/15 (Proposed Severed Parcel)
January 28, 2015
Page 2
The City Development Department considers the minimum lot frontage of 15.2 metres
for the proposed severed parcel 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 this variance applies only to the proposed lot configuration for the proposed
severed parcel, as generally sited and outlined on the applicant's submitted plan.
2. That the applicant obtains final clearance for Land Division Application file number
LD 001115 by April1, 2016, or this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction on the
proposed severed parcel by January 27, 2017, or this decision shall become null
and void.
Background
The applicant has submitted a Land Division Application (LD 001115) to the Region of
Durham Land Division Committee for the subject property to create two residential lots
with a minimum frontage of 15.2 metres along Sheppard Avenue.
Approval of these Minor Variance Applications will ensure zoning compliance is
achieved if a future Land Division Application is approved by the Region of Durham
Land Division Committee.
Comment
Official Plan and Zoning By-law
Pickering Official Plan -Urban Residential -Low Density Areas" within the Rougemount
Neighbourhood
Zoning By-law 3036 -"R3" -Third Density Residential Zone
Appropriateness of the Application
Reduced Lot Frontage Variances
• the intent of the minimum lot frontage requirement is to ensure a usable lot size
that is compatible with the neighbourhood
• the proposed lot frontages are consistent with the existing lotting pattern established
along Sheppard Avenue with frontages ranging from 15.0 to 20.0 metres
Report PICA 02115 and PICA 03115 January 28, 2015
Page 3
• the reduced lot frontages of 15.2 metres would ensure a usable lot size and allow
for the construction of a detached dwelling that is compatible and in keeping with
the neighbourhood character established along Sheppard Avenue
• the applicant intends to comply with all other zone provisions
• the requested lot frontages are minor in nature and meets the intent and purpose
of the Official Plan and the Zoning By-law
Resident Comments
J. & J. Stangroom
(325 Sheppard Ave)
Input From Other Sources
Engineering & Public Works
Department
• on January 18, 2015, a letter of concern
was received from the adjacent property
owner to the east, 325 Sheppard Ave,
identifying the following concerns:
• ongoing flooding issues since 2012 in
the basement and backyard caused by
surrounding properties
• potential for additional flooding caused
by the proposed Land Division
application to create two additional lots
• the applicant has submitted a preliminary
grading plan and site plan in support of the
Minor Variance applications and Land
Division application
• it appears that the applicant is making an
effort to reduce the amount of roof drainage
that would discharge to the rear of the
property by directing most of the roof
drainage to Sheppard Avenue
• staff has no objection to the request to
reduce the lot frontage from 18.0 metres to
15.2 metres
• the Minor Variance applications are
conditional upon the Land Division
application being approved, which is
administered by the Region of Durham
Land Division Committee
13
14
Report PICA 02115 and PICA 03115
Engineering & Public Works
Department (continued)
Date of report: January 22, 2015
Comments prepared by: /1/ / .. ~ ~~
Lalita Paray, MCIP, RPP
Planner II
LP:NS:Id
January 28, 2015
Page4
• staff will address technical matters such as
grading, drainage and flooding matters
through the concurrent Land Division
application process, this may include a
condition for an easement on 317 Sheppard
Avenue to alleviate the surrounding
drainage concern; detailed grading and
drainage plan for review and approval by
the City's Engineering & Public Works
Department to support future Land Division
Applications
1le h Surti, MCIP, RPP
Manager, Development Review & Urban Design
J:\Documents\Development\D-3700\2015\PCA 02-15 & PCA 03-15\Report\PCA 02-15 and PCA 03-15.doc
Enclosures
15
ST. MONICA :5'
SEPARATE SCHOOL
ORO
Cm,ol ~ ~b
City Development
Department
Location Map
ELIZABETH
B. PHIN
PUBLIC
SCHOOL
1----____L_-,------J ~ j----------1
t------+-----16 t----------1
r---~-~at----------1
1-----~-~0~-~--~ ~-~L--~~~========~
FILE No: PICA 02115 and PICA 03115
APPLICANT: F. & J. Racz
PROPERTY DESCRIPTION:317 Sheppard Avenue (Pt Lot 34, Plan 228)
Data Sources: Teranet Enterprises Inc. and Ita suppliers. All rights Reserved. Not o plan of survey. 2013 MPAC and Its suppliers. All ri hts Reserved. Not o plan of Surve .
DATE: Jan. 7,2014
SCALE 1:5,000 PN-6
16
To permit a minimum lot
frontage of 15.2 metres
City Development
Department
SHEPPARD AVENUE
E ~ N <D
PROPOSED
2STOREY
DWELLING
PART 1
P/CA 02/15
.. 15.2m
Submitted Plan
15.2m
PROPOSED
2STOREY
DWELLING
PART2
P/CA 03/15
.,.,15.2m
FILE No: P/CA 02/15 and P/CA 03/15
APPLICANT: F. & J. Racz
E ~
N <D
PROPERTY DESCRIPTION: 317 Sheppard Avenue (Pt Lot 34, Plan 228)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Jan. 9, 2014
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 04/15
Meeting Date: January 28, 2015
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 04/15
G. & S. MacGillivary
701 Cortez Avenue
The applicant requests relief from the following provisions of Zoning By-law 2520:
• to permit a minimum front yard depth of 4.8 metres, whereas the by-law requires
a minimum front yard depth of 7.5 metres
• to permit an uncovered platform and steps not exceeding 1.5 metres in height to
project a maximum of 1.5 metres into the required front yard, whereas the by-law
permits uncovered decks and/or platforms not exceeding 1.0 metre in height to
project a maximum of 1.5 metres into the required front yard
The applicant requests approval of these variances in order to obtain a building permit
to construct a one and a half storey sunroom addition in the front yard.
Recommendation
The City Development Department considers the minimum front yard depth of 4.8 metres
and an uncovered platform and steps not exceeding 1.5 metres in height to project a
maximum of 1.5 metres into the required front 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 variances, subject to the following conditions:
1. That these variances apply only to the proposed sunroom 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
January 27, 2017, or this decision shall become null and void.
Comment
Official Plan and Zoning By-law
Pickering Official Plan-"Urban Residential -Low Density Areas" within the Bay Ridges
Neighbourhood
Zoning By-law 2520-"RM1"-First Density Multiple Family Dwelling Zone
17
18
Report PICA 04/15
Appropriateness of the Application
January 28, 2015
Page 2
Front Yard Depth and Uncovered Platforms Projecting into the required Front Yard
Variances
• the intent of a minimum front yard depth is to ensure an adequate buffer space is
provided between the building and the street activity in the front yard, and to
provide an adequate landscaped area and parking space in front of the property
• the intent of the uncovered steps and/or platforms provision is to provide the
opportunity for any stairs and/or a landing platform to encroach into the front yard
when needed; to ensure an adequate buffer space between buildings and street
activity is provided, and to ensure an adequate landscaped area within the front
yard is also maintained
• the by-law permits uncovered steps and/or platforms not exceeding 1.0 metre in
height above grade to project not more than 1.5 metres into the required front
yard
• the front yard along Cortez Avenue currently functions as a side yard and does
not contain the parking area for the property
• the existing main dwelling and driveway access are off of Colmar Avenue
• the proposed front yard depth of 4.8 metres and 1.5 metre projection of an
uncovered platform and steps will provide a sufficient buffer space between the
dwelling and Cortez Avenue
• the proposed sunroom addition will be partially screened from the public's view
by an existing 2-metre high cedar hedge currently situated on the north (side),
west (front) and south (flankage) property lines and will not obstruct the
streetview of abutting property owners
• the proposed one and a half storey sunroom addition will maintain an adequate
landscaped area along Cortez Avenue
• the proposed sun room addition will not exceed the height of the existing
1.5 storey dwelling and will be compatible with the surrounding neighbourhood
• the requested variances are minor in nature and maintains the intent of the
zoning by-law
Date of report: January 22, 2015
Comments prepared by:
l Nilesh rti, M IP, RPP
Manager, Development Review & Urban Design
AY:NS:Id
J:\Documents\Development\D-3700\2015\PCA 04-15\Report\PCA 04-15.doc
Enclosures
HOLY
REDEEMER
SEPARATE
SCHOOL
OM MERGE
STREET
PARK
City Development
Department
Location Map
FILE No: PICA 04/15
APPLICANT: G. & S. MacGillivary
0 <(
0 0:::
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CD
>-0 z
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(f)
19
PROPERTY DESCRIPTION:701 Cortez Avenue (Plan M12, Lot 848)
Data Sources: Teranet Enterprises Inc. and Its eupplle,.-a. All rights Reserved. Not a plan of survey. 2013 MPAC and ita suppliers. All ri hts Reserved. Not a plan of Survey.
DATE: Jan. 7,2014
SCALE 1 :5,000 PN-3
20
To permit an uncovered
platform and steps not
exceeding 1.5 metres in
height to project a
maximum of 1.5 metres
into the front yard
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To permit a front yard
depth of 4.8 metres
City Development
Department
COLMAR AVENUE
Submitted Plan
FILE No: P/CA 04/15
APPLICANT: G. & S. MacGillivary
PROPERTY DESCRIPTION:701 CortezAvenue (Plan M12, Lot 848)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Jan. 6, 2014
21
E co ...,;
l+-------6.1m ------~
(WEST) SIDE ELEVATION
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1 I
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(NORTH) REAR ELEVATION (SOUTH) FLANKAGE ELEVATION
City Development
Department
Submitted Plan
FILE No: P/CA 04/15
APPLICANT: G. & S. MacGillivary
PROPERTY DESCRIPTION:701 CortezAvenue (Plan M12, Lot 848)
. FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Jan. 6, 2014
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 05115
Meeting Date: January 28, 2015
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 05115
M. Labalestra and S. Mason
1246 Ilona Park Road
The applicant requests relief from Zoning By-law 2520, as amended:
• to permit a minimum front yard depth of 5.3 metres; whereas the by-law requires
a minimum front yard depth of 7.5 metres,
• to permit a minimum north side yard width of 0.6 of a metre and a minimum south
side yard width of 1.0 metre; whereas the by-law requires a minimum side yard
width of 1.5 metres, and
• to recognize an accessory structure (shed) greater than 1.8 metres in height to
be setback a minimum of 0.6 of a metre from the north lot line; whereas the
by-law requires accessory structures greater than 1.8 metres in height shall be
setback a minimum of 1.0 metre from all lot lines.
The applicant requests approval of this minor variance application in order to obtain a
building permit to construct an unenclosed covered carport and an unenclosed covered
front porch. The applicant also seeks to recognize an existing accessory structure
(shed) located in the rear yard.
Recommendation
The City Development Department considers the north side yard width of 0.6 of a metre
to an unenclosed carport, minimum front yard depth of 5.3 metres to an unenclosed
covered front porch, and an existing accessory structure (shed) to be setback a
minimum of 0.6 of a metre from the north 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 unenclosed carport, covered
front porch, and existing accessory structure (shed), as generally sited and
outlined on the applicant's submitted plans.
Report PICA 05/15 January 28, 2015 2 3
Page 2
2. That the applicant relocates the existing shed currently located in the rear yard to
0.6 of a metre from the north lot line by July 28, 2015.
3. That the applicant obtain a building permit for the proposed construction by
January, 27, 2017, or this decision shall become null and void
Background
Following the circulation of the notice, the applicant has revised the application to
relocate the existing accessory structure (shed) from 0.1 of a metre to 0.6 of a metre.
Comment
Official Plan and Zoning By-law
Pickering Official Plan -"Urban Residential Low Density Areas" within the Bay Ridges
Neighbourhood
Zoning By-law 2520-"RM1"-Multiple Family Dwelling (First Density Zone)
Appropriateness of the Application
Front Yard Depth Variance
• the intent of a minimum front yard depth is to ensure that an adequate landscape
area, parking area, and separation distance is provided between the dwelling and
the property lot line
• the applicant is requesting to reduce the front yard depth in order to permit the
construction of an unenclosed front porch
• the reduced front yard depth to the front porch will still maintain an adequate
landscaped area and a parking area within the front yard
• the proposed front porch addition will enhance the architectural design of the
dwelling
• the reduced setback is generally in keeping with the established front yard
setbacks and streetscape along Ilona Park Crescent
• the request to reduce the front yard depth to the proposed front porch is minor in
nature and maintains the intent and purpose of the Official Plan and Zoning By-law
Side Yard Width Variance
• 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 metres
• the applicant is requesting to reduce the side yard width to permit the
construction of an unenclosed carport
Report PICA 05/15 January 28, 2015
Page 3
• the proposed 0.6 of a metre north side yard width provides an appropriate
separation distance between the dwellings and will maintain sufficient pedestrian
access and accommodate grading, drainage and residential services
• the proposed carport location is in keeping with the character of the
neighbourhood as many other properties on the street have similar carports
• the reduced side yard width will not alter the character of the subject property or
negatively impact adjacent properties
• the requested variance is minor in nature and maintains the intent of the zoning
by-law
Recognize an Accessory Structure (shed) to be Located in the North Lot Line
• the intent of the minimum 1.0 metre setback requirement for accessory structures
greater than 1.8 metres in height is to minimize the visual impact that their
location may have on adjacent properties, and to ensure that adequate access
for maintenance is available to the sides of the structures
• the existing accessory structure (shed) is 2.5 metres in height (to roof peak) and
2.3 metres in width, and is currently located 0.1 of a metre from the north lot line
• the applicant is requesting to relocate the shed 0.6 of a metre from the north
property line
• there is an existing privacy fence screening the height of the existing shed,
therefore minimizing the visual impact on adjacent properties
• the proposed 0.6 of a metre to the north lot line will provide for adequate space
for maintenance and drainage, sufficient pedestrian access, and an appropriate
separation distance between the shed and the adjacent property
• the requested variance is minor in nature and maintains the intent of the zoning
by-law
Input From Other Sources
Engineering & Public Works
Department
Date of report: January 22, 2015
Comments prepared by:
i. ~'v
Lalita Paray, RPP, MCIP
Planner II
LP:NS:Id
J:\Documents\Development\0-3700\201 5\PCA 05-15\Report\PCA 05-15_revised.doc
Enclosures
• recommended that the applicant relocate
the shed to a minimum 0.6 of a metre from
the property line; staff are now satisfied with
the revised 0.6 of a metre setback
Nilesh rti, MCIP, RPP
Manager, Development Review & Urban Design
FRENCHMAN'S BAY
City Development
Department
Location Map
FILE No: P/CA 05/15
HOLY
REDEEMER
SEPARATE
SCHOOL
OM MERGE
STREET
PARK
APPLICANT: M. Labalestra & S. Mason
PROPERTY DESCRIPTION: 1246 Ilona Park Road Plan M15, Lot 1118
Data Sources:
Teronet Enterprises Inc. and its suppliers. All rights Reserved. Not a plan of survey. 2013 MPAC end ita suppliers. All ri hts Reserved. Not o plan of Survey.
DATE: Jan. 7,2014
SCALE 1 :5,000 PN-3
To permit a minimum
front yard depth of 5.3
metres
-·
To permit a minimum
south side yard width of
1.0 metres
To permit a minimum
north side yard width of
0.6 of a metre
EXISTING
1.5 STOREY
DWELLING
Submitted Plan
FILE No: P/CA 05/15
APPLICANT: M. Labalestra & S. Mason
To recognize an
accessory structure (shed)
greater than 1.8 metres in
height to setback a
minimum of 0.1 of a metre
to the north lot line
i ! ! : \:
PROPERTY DESCRIPTION: 1246 Ilona Park Road (Plan M15, Lot 1118)
City Development
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Jan. 9, 2014
27
\ ____ l _-L~ ____ E~_I --'1-il
Porch E 0 cO
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l I I/
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.... ......_
Carport ~.........._
.. 7.4m I+ ...
4~.;..· ----9.9m ____ _..,..,
CARPORT ELEVATIONS
Submitted Plan
FILE No: P/CA 05/15
APPLICANT: M. Labalestra & S. Mason
PROPERTY DESCRIPTION: 1246 Ilona Park Road (Plan M15, Lot 1118)
City Development
Department
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Jan. 9, 2014
City Development
Department
r
0~ r C\J . C\J
t1
2.4m -•
.\
2.3m
SHED ELEVATIONS
Submitted Plan
FILE No: P/CA 05/15
APPLICANT: M. Labalestra & S. Mason
PROPERTY DESCRIPTION: 1246 Ilona Park Road (Plan M15, Lot 1118)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Jan. 9, 2014
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 06/15
Meeting Date: January 28, 2015
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 06/15
M. Modica
557 Marksbury Road
The applicant requests relief from the following provisions of Zoning By-law 2511:
• to permit a minimum front yard depth of 7.3 metres; whereas the by-law requires
a minimum front yard depth of 7.5 metres
• to permit a minimum north side yard width of 1.2 metres; whereas the by-law
requires a minimum side yard width of 1.5 metres
• to recognize an existing flankage side yard width of 1.1 metres to the ground
floor of the existing dwelling and to permit a minimum flankage side yard width of
2. 7 metres to a proposed second storey; whereas the by-law requires a minimum
flankage side yard width of 4.5 metres
• to permit uncovered steps not exceeding 1.7 metres in height to project a
maximum of 1.4 metres into the required flankage side yard; whereas the by-law
permits all uncovered decks or platforms not exceeding 1.0 metre in height to
project a maximum of 1.0 metre into a required side yard
• to permit an covered porch to project a maximum of 1.0 metre into the required
front yard; whereas the by-law permits an uncovered platform and/or steps not
exceeding 1.0 metre in height to project a maximum of 1.5 metres into a required
front yard, and
• to permit a maximum lot coverage of 37 percent; whereas the by-law permits a
maximum lot coverage of 33 percent
The applicant requests approval of these variances in order to obtain a building permit
to demolish portions of the existing single-storey dwelling and reconstruct a new
two-storey dwelling, partially on top of an existing foundation wall which supports the
existing one-storey detached dwelling.
29
Report PICA 06115
Recommendation
January 28, 2015
Page 2
The City Development Department considers minor variance application PICA 06115 to
be premature and recommends that it be Tabled to allow for the Owner to provide a
preliminary grading plan to the satisfaction of the City.
Background
On February 27, 1969, the Committee of Adjustment approved a minor variance
application (PICA 06169) which recognized an existing flankage side yard width of
1.5 metres to the existing dwelling .
. Comment
Official Plan and Zoning By-law
Pickering Official Plan -"Urban Residential -Low Density Areas" within the West Shore
Neighbourhood
Zoning By-law 2511 -"R4"-Fourth Density Residential Zone
Input From Other Sources
The City's Engineering & Public Works Department are concerned with the increase in
the impervious roof surface area caused by the proposed redevelopment and its
potential drainage impacts on adjacent properties.
Before City Development Staff can comment of the merits of the application, the City's
Engineering & Public Works Department requests that the applicant provide a
preliminary grading plan for their review. The plan must ensure compliance with the
City's grading and drainage standards and shall ensure that it will not negatively impact
adjacent properties.
Date of report: January 22, 2015
Comments prepared by:
Nilesh urti, MCIP, RPP
Manager, Development Review & Urban Design
AY:NS:Id
J:\Documents\Development\D-3700\2015\PCA 06-15\R.eport\PCA 06-15 (Tabled).doc
Enclosures
FATHER
FENELON
SEPARATE
SCHOOL
IIVilliiiiTn~l----+-----l
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Location Map
FILE No: PICA 06/15
APPLICANT: M. Modica
1-----
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FRENCHMAN:S
BAY
31
LAKE ONTARIO
City Development
Department
PROPERTY DESCRIPTION:557 Marksbury Road {Plan 311, Lot 37)
Data Sources:
Teranet Enterpl'"lsee Inc. and Its suppliers. All rights Reserved. Not o plan of survey. 2013 MPAC and its suppliers. All ri hts Reserved. Not o plan of Surve .
DATE: Jan. 7,2014
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