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HomeMy WebLinkAboutMay 13, 2015Committee of Adjustment Agenda Meeting Number: 7 Date: Wednesday, May 13, 2015 (I) (II) (Ill) Adoption of Agenda Adoption of Minutes from April 22, 2015 Reports Committee of Adjustment Agenda Wednesday, May 13, 2015 7:00pm Main Committee Room Page Number 1-10 1. (Deferred from the April 22, 2015 meeting) 11-22 PICA 91114 Norris Holdings Limited 1705 Wellington Street 2. PICA 41115 23-30 N. Barbosa 889 Douglas Avenue 3. PICA 42115 31-34 E. Gallo & M. Molinaro 1987 Guild Avenue 4. PICA 43115 35-39 G. Avramopoulos 1244A Bayview Street 5. PICA 45115 40-44 Golfour Property Services Inc. 1 050 Brock Road 6. PICA 46115 & PICA 47115 45-53 S. Baldey 1956 Fairport Road 7. PICA 48115 54-59 Hunley Homes et al Block 100 on SP-2008-06 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 Committee of Adjustment Agenda 8. PICA 49115 to PICA 70115 Zavala Developments Blocks 219-221 and Lots 173-176, 212 and 213 on SP-2008-05 (IV) Adjournment May 13, 2015 Page 2 of 2 Page Number 60-65 Accessible •--For information related to accessibility requirements please contact: PICKE~G Lesley Dunne T. 905.420.4660, extension 2024 TTY 905.420.1739 Email ldunne@pickering.ca Pending Adoption Present: Tom Copeland-Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Amendment to Agenda Moved by Eric Newton Seconded by Sean Wiley Committee of Adjustment Meeting Minutes 01 Wednesday, April 22, 2015 7:00pm Main Committee Room That Item #1 for PICA 91/14, Norris Holdings Limited, 1705 Wellington Street, be moved to the last item on the agenda. (II) Adoption of Agenda Moved by Sean Wiley Seconded by Eric Newton Carried Unanimously That the agenda for the Wednesday, April 22, 2015 meeting be adopted as amended. (Ill) Adoption of Minutes Moved by Tom Copeland Seconded by Eric Newton Carried Unanimously · . That the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, April 1, 2015 be adopted. Carried Unanimously Page 1 of 10 02 (IV) 1. Reports PICA 34115 J. Wills 3-361 Chickadee Court Committee of Adjustment Meeting Minutes Wednesday, April 22, 2015 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4645195: • to permit minimum side yard widths of 0.6 of a metre; whereas the by-law requires that a minimum 1.2 metre interior side yard width shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting interior side yard is not provided on the other lot • to permit a second-storey uncovered balcony to project a maximum of 1.8 metres into the required rear yard; whereas the by-law permits uncovered decks or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required rear yard The applicant requests approval of these variances in order to permit a second-storey uncovered balcony in the rear yard. 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. Alan Poullis, 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 from a Committee Member, Alan Poullis stated that there are no other existing balconies in the rear yard within the neighbourhood. Moved by Eric Newton Seconded by Tom Copeland That application PICA 34115 by J. Wills, be Approved on the grounds that the minimum side yard widths of 0.6 of a metre and a maximum projection of 1.8 metres into the required rear yard for a second-storey uncovered balcony are 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 10 Committee of Adjustment Meeting Minutes 0 3 Wednesday, April 22, 2015 · 7:00pm Main Committee Room 1. That these variances apply only to the proposed second-storey uncovered balcony, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by April 21, 2017, or this decision shall become null and void. Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley 2. PICA 35/15 W. Weick in favour in favour in favour opposed in favour 10-361 Chickadee Court Carried The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4645/95: • to permit minimum side yard widths of 0.6 of a metre; whereas the by-law requires that a minimum 1.2 metre interior side yard width shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting interior side yard is not provided on the other lot • to permit a second-storey uncovered balcony to project a maximum of 1.8 metres into the required rear yard; whereas the by-law permits uncovered decks or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required rear yard The applicant requests approval of these variances in order to permit a second-storey uncovered balcony in the rear yard. 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. Alan Poullis, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 3 of 10 04 Committee of Adjustment Meeting Minutes Wednesday, April 22, 2015 7:00pm Main Committee Room In response to a question from a Committee Member, Alan Poullis stated that there is currently no deck provided in the rear of the properties, just a railing at the door opening. Moved by Sean Wiley Seconded by Eric Newton That application PICA 35115 by W. Weick, be Approved on the grounds that the minimum side yard widths of 0.6 of a metre and a maximum projection of 1.8 metres into the required rear yard for a second-storey uncovered balcony are 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 these variances apply only to the proposed second-storey uncovered balcony, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by April 21, 2017, or this decision shall become null and void. Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley 3. PICA 36115 K. Moody in favour in favour in favour opposed in favour 1678 Heathside Crescent Carried The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: • to permit a covered unenclosed deck to project a maximum of 2.6 metres into the required rear yard; whereas the by-law permits uncovered steps or platforms, not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard Page 4 of 10 CommitteMe oft~djuM~tmet nt 0 5 ee mg mu es Wednesday, April 22, 2015 7:00pm Main Committee Room • to permit a minimum vehicular entrance of 4.5 metres from the front lot line; whereas the by-law requires a minimum vehicular entrance of 6.0 metres from the front lot line • to permit a maximum lot coverage of 48 percent; whereas the by-law permits a maximum lot coverage of 38 percent The applicant requests approval of these variances in order to obtain a building permit to construct a single storey detached dwelling with a covered unenclosed deck in the rear yard. 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. Neil Moody, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Sean Wiley Seconded by Eric Newton That application PICA 36/15 by K. Moody, be Approved on the grounds that the covered unenclosed deck projecting a maximum of 2.6 metres into the required rear yard, a minimum vehicular entrance of 4.5 metres from the front lot line, and a maximum lot coverage of 48 percent are 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 these variances apply only to the proposed dwelling, with a maximum lot coverage of 43 percent, and covered unenclosed deck, with a maximum lot coverage of 5 percent, for a total maximum lot coverage of 48 percent, as generally sited and outlined on the applicant's submitted plans dated March 27, 2015. 2. That the applicant obtain a building permit for the proposed construction by April 21, 2017, or this decision shall become null and void. Carried Unanimously Page 5 of 10 CG 4. PICA 91/14 Norris Holdings Limited 1705 Wellington Street Committee of Adjustment Meeting Minutes Wednesday, April 22, 2015 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 6640/06: • to recognize an existing lot frontage of 15.0 metres; whereas, the by-law requires a minimum lot frontage of 22.0 metres • to recognize an existing lot area of 535 square metres; whereas, the by-law requires a minimum lot area of 1 ,390 square metres • to recognize an existing rear yard depth of 4.9 metres; whereas, the by-law requires a minimum rear yard depth of 9.0 metres • to permit a covered porch to project a maximum of 0.6 of a metre into the not exceeding 1.0 metre in height above grade to project a maximum of 0.5 of a metre into any required side yard, and • to permit a maximum lot coverage of 33 percent; whereas, the by-law permits a maximum lot coverage of 20 percent The applicant requests approval of these variances in order to obtain a building permit to construct a second storey addition to an existing building with a covered side entrance porch. Written comments were received from the Region of Durham Planning Department expressing no objection to the application. The Region is satisfied with the submitted Phase I Environmental Site Assessment and has requested that the applicant file a Record of Site Condition (RSC), in accordance with the Ministry of Environment (Ont. Reg. 511/09, as amended) in support of the proposed minor variance application. Written comments were received from the Region of Durham Health Department expressing no objection to the application. The proposed change in use (residential and HVAC home based business) may result in an increase in daily sewage flow requiring the replacement of the holding tank for one with a greater volume. A permit application must be completed to replace the holding tank. The Health Department does not foresee any issues in the upgrading of the existing holding tank to suit the change of use and second-storey addition. The Health Department is unable to comment on the shared water well situation as this is the jurisdiction of the Ontario Ministry of the Environment. Page 6 of 10 Committee of Adjustment Meeting Minutes n? Wednesday, April 22, 2015 - 7:00pm Main Committee Room Comments were received from the City Development Department Building Services Section expressing no objection to the application. The owner will need to address a number of existing site conditions, including the capacity of the existing building (foundations and above grade structure) to receive the proposed construction loads, at the time of the building permit application. The construction requirements, including fire separations, gas proofing between the garage and the remainder of the house, Part 12 Energy Efficiency Design, and spatial separation calculations, among other technical requirements, will also be addressed at the building permit review stage. Written. comments were received from Brian Welsh indicating the applicant has worked diligently with City staff to address concerns and issues raised by surrounding neighbours. Brian Welsh stated the proposed development will be in keeping with the residential character of the neighborhood, improved streetscape and landscaping and feels an increase in property values in the surrounding neighourhood. Written comments were received from Shelagh and Ken Mulveney of 4951 Brock Road expressing concerns with adding stress on a shared well that servicing three buildings including a public hall; sewage disposal; run-off water disbursement, Claremont has a very high water table and may cause additional flooding/drainage; the existing structure not being able to support such a large dwelling; precedent it is setting for other infill or vacant lots in Claremont and a home-based business in the residential dwelling related to increased parking and traffic. Written comments were received from Dawn a Dearing of 4864 Victoria Street expressing concerns with the impact of the proposed development on privacy, traffic generated from a business operation and the current use of the land. Written comments were received from Adam McKay and Nathalie Sabourin of 4959 Brock Road, expressing concerns with the traffic impact from a commercial business; parking of company commercial vehicles, potential impact to a shared water well, the property size is not large enough to support a home and the applicant's holding tank capacity. Written comments were received from Todd Norris to address resident's issues and concerns. The administration part of the business will be operating from 1705 Wellington Street with an office space which occupies 5 percent of the living space and 10 percent of the space within the garage; all other materials are being stored off-site. Once the addition is completed the business would comply with the City's Home Based Business zoning provisions. Page 7 of 10 08 Committee of Adjustment Meeting Minutes Wednesday, April 22, 2015 7:00pm Main Committee Room Only a personal vehicle (pick up truck) with the company logo will be parked on the driveway, which complies with the City's by-laws. A fence will be erected along the rear property line and shrubs will be planted to provide privacy. The height of the proposed addition is in keeping with the existing built form of the surrounding area. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Todd Norris, owner, was present to represent the application. Brian Welsh of 1762 Joseph Street was present in favour of the application. Leslie Fisher of 2250 Hwy 7 and Dean Evans 5501 Barclay Street were present to obtain additional information and clarification on the application. Shelagh Mulveney of 4951 Brock Road, Cameron Paulikot, on behalf of Adam McKay and Nathalie Sabourin of 4959 Brock Road were present in objection to the application. In response to questions and concerns, Todd Norris indicated there will be a fence in the rear of the property and has agreed to extend the fence that currently exists. He stated that the large waste bin he currently has stored in the garage will be removed when his contract has expired. There will be approximately four full-time employees and one part-time employee. He stated that there are approximately three vehicles on the site and a maximum of five vehicles would be at the property at any one point in time. Cameron Paulikot stated he is representing Adam McKay and Nathalie Sabourin and spoke to comments that were previously received and distributed to the Committee Members to review. A petition was also submitted to the Committee Members which was signed by 67 residents of Claremont that do not agree with nor want these variances to the by-law to be accepted. Cameron Paulikot stated the variances being applied for are not minor in nature; do not meet the four tests of the Planning Act and they are the same variances as the previous application in 2012. He stated that his client did not receive proper notification for the application. He stated that there is an illegal use currently existing on the property. He stated that large trucks are routinely entering and exiting the site and industrial waste is being produced on a weekly basis to fill an industrial bin. He stated there is a shared well and any change, fill or alteration to the existing grade on the property will cancel the agreement for the shared well. Therefore, if the application is approved there will be no accessible water. He stated that approving this variance would set a dangerous precedent for this neighbourhood. Page 8 of 10 Committee of Adjustment Meeting Minutes Wednesday, April 22, 2015 7:00pm Main Committee Room In response to questions the Secretary-Treasurer stated that the staff recommendation report was sent to the residents the Monday prior to the meeting (April 20, 2015) when it had been finalized, as a courtesy prior to the meeting. The Secretary-Treasurer also stated that the City Solicitor had reviewed the easement agreement for the well and the condition related to fill or grading on the property does not affect the subject lands, 1705 Wellington Street. In response to questions from Committee Members the applicant stated that he will comply with City by-laws. He has secured a spot within the City for extra storage related to his business. He also stated that no clients are coming to his property. Moved by Tom Copeland Seconded by Eric Newton That application PICA 91/14 by Norris Holdings Limited, be Deferred to allow the applicant to discuss the easement related to the well and other concerns raised by the owner of the adjacent property, 4959 Brock Road. Carried Unanimously Page 9 of 10 Committee of Adjustment 10 Meeting Minutes Wednesday, April 22, 2015 7:00pm Main Committee Room (V) Adjournment Date Chair Moved by Eric Newton Seconded by Denise Rundle That the 6th meeting of the 2015 Committee of Adjustment be adjourned at 7:54pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 13, 2015. Carried Unanimously Assistant Secretary-Treasurer Page 10 of 10 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 91114 Meeting Date: April 22, 2015 Principal Planner-Development Review Committ~e of Adjustment Application PICA 91114 Norris Holdings Limited 1705 Wellington Street The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 6640106: • to recognize an existing lot frontage of 15.0 metres; whereas, the by-law requires a minimum lot frontage of 22.0 metres • to recognize an existing lot area of 535 square metres; whereas, the by-law requires a minimum lot area of 1 ,390 square metres • to recognize an existing rear yard depth of 4.9 metres; whereas, the by-law requires a minimum rear yard depth of 9.0 metres • to permit a covered porch to project a maximum of 0.6 of a metre into the required side yard; whereas, the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 0.5 of a metre into any required side yard, and • to permit a maximum lot coverage of 33 percent; whereas, the by-law permits a maximum lot coverage of 20 percent The applicant requests approval of these variances in order to obtain a building permit to construct a second storey addition to an existing building with a covered side entrance porch. Recommendation The City Development Department considers an existing lot frontage of 15.0 metres, an existing lot area of 535 square metres, an existing rear yard depth of 4.9 metres, a covered porch to project a maximum of 0.6 of a metre into the required side yard, and a maximum lot coverage of 33 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 this approval only apply to the requested variances as outlined on the applicant's submitted plans. 11 12 Report PICA 91/14 April22, 2015 Page2 2. That the owner submits a signed Record of Site Condition (RSC) to the Ministry of Environment (MOE) (Ont. Reg. 511/09, as amended), which. includes the MOE's Acknowledgement of Receipt of the RSC to the satisfaction of the Region of Durham by April 21, 2016, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by April 21, 2016, or this decision shall become null and void. Background The existing building on the property was originally constructed in 1959 and used as the Claremont Fire Hall. In 1999, the City of Pickering deemed these lands surplus and sold the property. Norris Holdings Limited is the third owner of the property since the City sold these lands. In 2012, the owner submitted a Minor Variance Application (PCA 08/12) to permit the conversion of the existing building into a 3 storey detached dwelling with a second storey rear yard deck. The variance application was considered before the Committee of Adjustment on May 23, 2012. This application was not supported by City staff and the Committee of Adjustment refused the application. On September 18, 2014, after pre-consulting with City staff, the owner submitted a revised Minor Variance Application proposing a second storey addition to the existing building, with no rear yard deck. The applicant provided supporting information for the conversion of the existing building such as building elevations, floor plans, a landscape plan, and a letter with preliminary structural information from a qualified engineer (MINA Design Group Inc.) evaluating the capacity of the existing building structure to receive the loads due to the proposed additional storey. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Hamlet Residential" within the Claremont Settlement Area, which permits residential uses, home occupations and limited retail, office, and business uses. The subject lands are zoned -"ORM-R5" -Oak Ridge Moraine Residential Five Zone within Zoning By-law 3037, as amended by By-law 6640/06 which permits a detached dwelling and a home-based business. Appropriateness of the Application Lot Frontage, Lot Area, Lot Coverage and Rear Yard Depth Variances • the general intent of performance standards in a Zoning By-law is to ensure that individual properties maintain appropriate lot sizes, building height and massing and building setbacks that can appropriately site a dwelling and is complimentary with the character of the surrounding neighbourhood Report PICA 91/14 • the existing building was constructed in its current location in 1959 April 22, 2015 Page 3 ? 3 • the existing one-storey building (garage) is currently legal non-conforming • the applicant is requesting variances to recognize the existing lot area, lot frontage, lot coverage and rear yard setback in order to construct a second storey addition on top of the existing structure • the applicant is proposing to add a second storey to the existing building in order to create a living area for residential purposes and operate a home based business • the applicant is also requesting to increase the maximum lot coverage to 33 percent in order to recognize the current lot coverage of 32 percent for the existing building and an additional 1 percent for a proposed covered porch in the side yard • the applicant is proposing an addition, intended for residential purposes, which is more in keeping with the residential character of the neighbourhood • the requested variances are minor in nature, desirable for the appropriate development of the land and maintains the general intent of the Zoning By-law and the Official Plan Covered Platforms Projecting into Required Side Yard Variance • the intent of this provision is to allow for any stairs and/or a landing platform to encroach into the side yard when needed, to ensure adequate buffer space between buildings and the side lot line is provided, and to ensure an adequate soft landscaped area within the side yard is also provided • the by-law permits uncovered steps or platforms, not exceeding 1.0 metre in height above grade, to project a maximum of 0.5 of a metre into any required side yard • the applicant is requesting 0.6 of a metre encroachment into the required side yard in order to create a main entrance to the proposed dwelling from the side yard • the proposed covered porch will maintain an adequate buffer space between the proposed dwelling and the side lot line to provide an attractive residential feature and provide for weather protection when entering the dwelling • the reduced side yard width will not alter the character of the subject property but improve the residential character of the subject lands • the requested variance is minor in nature, desirable for the appropriate development of the lands and maintains the general intent of the Zoning By-law and the Official Plan 14 Report P/9A 91/14 April 22, 2015 Page4 Comments from Agencies and Departments Region of Durham Planning • no objection to the application Department • the Region is satisfied with the submitted Region of Durham Public Health Department Engineering & Public Works Department Building Services· Phase I Environmental Site Assessment and has requested that the applicant file a Record of Site Condition (RSC), in accordance with the Ministry of Environment (Ont. Reg. 511/09, as amended) in support of the proposed Minor Variance Application • no objection to the application • the proposed change in use (residential and HVAC home based business) may result in an increase in daily sewage flow requiring the replacement of the holding tank for one with a greater volume. A permit application must be completed to replace the holding tank • do not foresee any issues in the upgrading of the existing holding tank to suit the change of use and second storey addition • unable to comment on the shared water well situation as this is the jurisdiction of the Ontario Ministry of the Environment • no objection to the proposed addition • no objection to the application for a minor variance • the owner will need to address a number of existing site conditions, including the capacity of existing building (foundations and above grade structure) to receive the proposed construction loads, at the time of building permit application • construction requirements, including fire separations, gas proofing between the garage and the remainder of the house, Part 12 Energy Efficiency Design, and spatial separation calculations, among other technical requirements, will also be addressed at the building permit review stage Report PICA 91/14 Residents Comments April 22, 2015 15 Page 5 A. McKay and N. Sabourin (4959 Old Brock Road) Letter of concern received March 12, 2015 Residents Concerns • traffic impact from commercial business (Extreme Commercial Mechanical) • parking of company commercial vehicles • potential impact to shared water well • property size not large enough to support a home • applicant's holding tank capacity Response to Residents Concerns • the applicant has advised the City that only the administrative part of the business (Extreme Commercial Mechanical) is operating from 1705 Wellington with an office space which occupies 5% of the living space and 1 0% of the space within the garage; all other materials are being stated at an offsite leased storage unit • once the addition is constructed the business would comply with the City Home Based Business zoning provisions • the applicant has advised the City that only a personal vehicle (pick up truck) with the company logo will be parked on the driveway; this vehicle complies with City by-laws and is therefore permitted to park on the driveway of this property • a three party easement is registered on title for shared well water; each of the parties has the free, uninterrupted and unobstructed right and easement over, upon and under the lands for the supply of water, including the use of the existing drilled well or any replacement well; the three parties are the owners of 4959 Old Brock Road, 1705 Wellington Street and the Masonic Hall at 4955 Brock Road • the existing lot is a legal lot of record currently designated and zoned for residential development. • Durham Region Health Department has advised that the proposed change of use (residential and HVAC home business) may result in an increase in daily sewage flow requiring the replacement of the holding tank, the Health Department does not foresee any issues in upgrading the existing holding tank to suit the change of use and second storey addition 16 Report PICA 91/14 D. Dearing (4864 Victoria Street) April 22, 2015 Page 6 • the setback distance between the well and holding tank would be verified at the building permit application stage Letter of concern received March 12, 2015 Residents Concerns • · home was built in 1865 and is on the property line, bordering the east side of subject lands • impact of proposed development on privacy • the existing structure was previously used for personal storage, which did not generate a lot of traffic • traffic generated from business operation and the current use of the land Response to Residents Concerns • the applicant has advised the City that given the proximity of the existing dwelling on the property line, a fence cannot be erected; as such, a detailed landscape plan has been prepared to create privacy between the two properties • the property is designated and zoned for residential uses, personal storage uses do not comply with the City's Official Plan or Zoning By-law • the applicant has advised that the site is currently being used as a home based business (Extreme Commercial Mechanical), however the applicant does not currently reside at this location as the existing building has no habitable space • the applicant has advised the City that only the administrative part of the business (Extreme Commercial Mechanical) is operating from 1705 Wellington and only a personal vehicle (pick up truck) with company logo is to be parked on the driveway, which c0mplies with City by-laws 5. Mulveney (4951 Old Brock Road) Letter of concern received March 16, 2015 Residents Concerns • due to the addition, loss of privacy in the rear yard Response to Residents Concerns • the applicant has advised the City that a chain link fence will be erected in the rear and shrubs will be planted to provide for privacy; with respect to height, the proposed addition is in keep with the existing built form of the area (two-storey residential dwelling) Report PICA 91/14 Date of report: April 16, 2015 Comments prepared by: ac?~ Lalita Paray, MCIP, RPP Planner I LP:MM:Id Melissa Markham, MCIP, RPP April22, 2015 17 Page 7 Principal Planner-Development Review J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2014\PCA 91-14 Norris Holdings Limrted\Report\PCA 91-14.doc Enclosures 18 /) / () I - t---I 1--- 0 I-w w 0:: <( 0 0 0:: 0 0:: I-U1 .. ::2 :;!; r--b- -' -' 3: Location Map FILE No: P/CA 91/14 APPLICANT: Norris Holdings Ltd. ! CL~lRRlV DNT I I I I .. ~ PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17, 40R-18850, Part 6) DATE: Mar. 9, 2015 Date Sources: IS~ Teranet Enterprises Inc. and Its s":p_?.llers. All rights Reserved. Not a plan of survey. Ei 2013 MPAC end its suppliers. All rights Reserved. Not a plan of Survey. SCALE 1:5,000 IPN-RU To recognize an existing lot frontage of 15.0 metres To recognize an existing lot area of 535 square metres To permit a covered porch to project a maximum of 0.6 of a metre into the required side yard City Development Department WELLINGTON STREET i 15.2m 2.5 E ~ .1.0 IM I. EXISTING I STOREY I e~ICK .e STUCCO eLIIILDING I -II I -ill ~ 4 I 1'1 -1 Lei 15.2m -·- Submitted Plan FILE No: PICA 91/14 APPLICANT: Norris Holdings Ltd. I 2.G!. Q I I .! I ~I 1.0 To permit a maximum lot C0 · coverage of 33 percent To recognize an existing rear yard depth of 4.9 metres 19 PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17, 40R-18850, Part 6) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Mar. 12, 2015 20 TOPOF~T_E _ i Cil FINISI-lED~~ DDODDLJ DDDDDD DODD DO DDDDDD NORTH ELEVATION TOP Of '=hAT_E _ ~ •• FJNISI-IED ~p~ SOUTH ELEVATION Submitted Plan FILE No: P/CA 91/14 DDDDDD DDDDDD DDDDDD DDDDDD APPLICANT: Norris Holdings Ltd. City Development Department PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17, 40R-18850, Part 6) FULL SCALE COPIES OF THIS PLAN ARE AVAILABlE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Mar. 12, 2015 21 EAST ELEVATION WEST ELEVATION Submitted Plan FILE No: P/CA 91/14 APPLICANT: Norris Holdings Ltd. City Development Department PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17, 40R-18850, Part 6) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIE\MNG AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT • DATE: Mar. 12, 2015 22 • • • PROPOSED GROUND FLOOR PLAN I I~ . J L~.J------_______ ~;~J PROPOSED SECOND FLOOR PLAN City Development Department Submitted Plan FILE No: P/CA 91/14 APPLICANT: Norris Holdings Ltd. PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17, 40R-18850, Part 6) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Mar. 12, 2015 From: Subject: Application Report to Committee of Adjustment Melissa Markham, MCIP, RPP Application Number: PICA 41115 Meeting Date: May 13, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 41115 N. Barbosa 889 Douglas Avenue The applicant requests relief from the following provisions of Zoning By-law 2520: • to permit a minimum front yard depth of 6.6 metres; whereas the by-law requires a minimum front yard depth of 7.5 metres • to permit a minimum flankage yard width of 4.4 metres; whereas the by-law requires a minimum flankage yard width of 4.5 metres • to permit a minimum rear yard depth of 4.4 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a covered porch to project a maximum of 0.3 of a metre into the required front yard; whereas the by-law permits uncovered decks or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required front yard • to permit a maximum lot coverage of 35 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 construct an addition with a covered front porch and an uncovered rear deck to an existing one-storey detached dwelling. · Recommendation The City Development Department con'siders a minimum front yard depth of 6.6 metres, a minimum flankage yard width of 4.4 metres, a minimum rear yard depth of 4.4 metres, a covered porch to project a maximum of 0.3 of a metre into the required front yard and a maximum lot coverage of 35 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: , .. ,3 '~· . u 24 Report PICA 41/15 May 13, 2015 Page 2 1. That these variances apply only to the proposed addition to the existing dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant relocates the existing fence partially situated within the Chapleau Avenue municipal right-of-way on or within the subject property's flankage lot line. 3. That the applicant obtain a building permit for the proposed construction by May 12, 2017, or this decision 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 Bay Ridges Neighbourhood. The subject property is currently zoned "R4"-Fourth Density Residential Zone within Zoning By-law 2520, as amended. Appropriateness of the Application Front Yard Depth and Covered Porch Projecting into the required Front Yard Variances • the intent of the zoning by-law in requiring a minimum front yard depth and maximum porch projection is to ensure an adequate separation distance 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 by-law requires a minimum front yard depth of 7.5 metres and permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard • the requested variances are required to permit a front yard depth of 6.6 metres to accommodate a proposed addition with a 0.3 of a metre projection to a proposed covered porch • the proposed dwelling and covered porch will not obstruct the streetview of abutting property owners, as this is a flankage lot, and will maintain an adequate landscaped area and parking spaces within the front yard • the proposed addition and covered porch in the front yard will enhance the residential streetscape and reorient the main entrance from the side of the existing dwelling to the front of the property along Douglas Avenue • the proposed addition will maintain an adequate separation distance from Douglas Avenue that is in character with the surrounding neighbourhood • the requested variances are minor in nature, are desirable for the appropriate development of the property and maintains the purpose and intent of the Official Plan and Zoning By-law Report PICA 41/15 Flankage Yard Width Variance May13,2015 25 Page 3 • the intent of a minimum flankage yard width is to provide an adequate separation distance between buildings and street activity and to maintain an adequate landscaped area • the by-law requires a minimum flankage yard width of 4.5 metres • the requested variance is to recognize an existing flankage yard setback of 4.4 metres to the existing one storey dwelling and proposed second storey addition • the existing sunroom in the flankage yard will be removed • the proposed development will maintain an adequate separation distance between the dwelling and street activity and would be in keeping with the established character of the neighbourhood • the requested variance is minor in nature, is desirable for the appropriate development of the property and maintains the purpose and intent of the Official Plan and Zoning By-law Rear Yard Depth Variance • the intent of the minimum rear yard depth is to ensure that an appropriate amount of useable amenity space is provided and left uncovered by buildings on a lot • the by-law requires a minimum rear yard depth of 7.5 metres • the requested variance is to permit a minimum rear yard depth of 4.4 metres to accommodate the proposed addition, bay window projection and uncovered deck and steps • the requested variance is required due to the irregular shape of the property in the rear • the proposed development will maintain an appropriate amount of useable amenity space left uncovered by buildings in the rear yard • the requested variance is minor in nature, is desirable for the appropriate development of the property and maintains the purpose and intent of the Official Plan and Zoning By-law Lot Coverage Variance • the intent of the maximum lot coverage of 33 percent is to maintain an appropriate size, scale and massing of dwellings and to ensure that an adequate amount of outdoor amenity area remains uncovered by buildings on a lot • the requested variance is required to permit a maximum lot coverage of 35 percent to accommodate the proposed addition • a private outdoor amenity area uncovered by buildings will be maintained on the property • staff believes that the requested variance to permit an increase in lot coverage would not have any adverse impacts on the abutting property owners or the existing lotting pattern style and character of the neighbourhood Report PICA 41/15 May 13, 2015 Page4 • the proposed variance to increase the lot coverage from 33 to 35 percent is minor in nature, is desirable for the appropriate development of the property and maintains the purpose and intent of the Official Plan and Zoning By-law Input From Other Sources Engineering & Public Works Department Date of report: May 5, 2015 Comments prepared by: AY:MM:Id J:\Documents\Development\0·3700\2015\PCA 41-15\Report\PCA 41-15.doc Enclosures • no objections to the proposed development !JV{ !Jiv (4tJJI(1tvl" Melissa Markham, MCIP, RPP Principal Planner-Development Review ST. MARTIN'S ANGLICAN CHURCH ~~ rmRil§b City Development Department f--f--f-- -f-- f-- Location Map FILE No: PICA 41/15 APPLICANT: N. Barbosa GO TRANSIT STATION ~ 11 ,,.,7 G PROPERTY DESCRIPTION: Plan M16, Lot 1189 (889 Douglas Avenue) ate Sources: Tercmet Enterprlees Inc. and its suppliers. All rights Reserved. Not a plan of survey. 2013 ~PAC and ita au 1lers. All rl hts Reserved. Not a plan of Surve • DATE: Apr. 16, 2015 SCALE 1 :5,000 PN-3 To permit a covered porch to project a maximum of 0.3 of a metre into the required front yard To permit a maximum lot coverage of 35 percent -··-·· -· .. - To permit a minimum rear yard depth of 4.4 metres \~ · . ...> \3 o· 0 \ \ ··-··-··-··-·j ~· -··-··-··----··-··-.. 32·.9m · To permit a minimum front yard depth of 6.6 metres To permit a minimum flankage yard width of 4.4 metres CHAPLEAU DRIVE Submitted Plan FILE No: P/CA 41/15 APPLICANT: N. Barbosa WOOD FENCE 0 PROPERTY DESCRIPTION: Plan M16, Lot 1189 (889 DouglasAvenue) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Apr. 24, 2015 E co co City Development Department ' mm· • _[~ WEST (FRONT) ELEVATION REAR) ELEVATION Submitted Plan FILE No: P/CA 41/15 APPLICANT: N. Barbosa 29 PROPERTY DESCRIPTION: Plan M16, Lot 1189 (889 Douglas Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Apr. 24,2015 30 City Development Department NORTH (SIDE) ELEVATION SOUTH (SIDE) ELEVATION Submitted Plan FILE No: P/CA 41/15 APPLICANT: N. Barbosa PROPERTY DESCRIPTION: Plan M16, Lot 1189 (889 Douglas Avenue) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Apr. 24, 2015 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment 31 Application Number: PICA 42115 Meeting Date: May 13, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 42115 E.Gallo & M. Molinaro 1987 Guild Road The applicant requests relief from Zoning By-law 3036, as amended, to recognize a minimum north 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 side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of this variance in order to recognize a detached dwelling under construction. Recommendation The City Development Department considers the minimum north side yard width of 1.5 metres where a garage is erected as part of a detached dwelling 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 existing detached dwelling under construction, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant shall submit, as a part of a revised building permit application, spatial separation calculations for the revised building location demonstrating compliance with the Ontario Building Code and obtain a revised building permit by May 12,2016 or this decision shall become null and void. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as "Urban Residential - Medium Density Areas" within the Village East Neighbourhood. The subject property is currently zoned "R3"-Third Residential Zone within Zoning By-law 3036, as amended. 32 Report PICA 42/15 Appropriateness of the Application Reduced Side Yard Width Variance May 13, 2015 Page 2 • the intent of a minimum side yard width is to provide an appropriate separation distance between structures on abutting properties in order to ensure compatibility with the existing neighbourhood, provide appropriate pedestrian access between dwellings, and to accommodate grading, drainage and residential services such as air conditioning units and utility meters • the Zoning By-law requires a minimum side yard setback of 1.8 metres, where a garage is erected as part of a detached dwelling, the applicant is proposing to recognize a north side yard width of 1.5 metres to a dwelling under construction • the proposed side yard width of 1.5 metres is appropriate for the development of these lands as it will provide appropriate separation distance between structures on abutting properties, maintain pedestrian access and accommodate grading, drainage and residential services • the requested variance is minor in nature and maintains the intent and purpose of the Official Plan and the Zoning By-law Input From Other Sources Engineering & Public Works Department Building Services Date of report: May 5, 2015 Comments prepared by: \P/ Deepak Bhatt, MCIP, RPP Planner II DB:MM:Id • no objections to the proposed development • revised building permit application is required showing appropriate spatial separation in compliance with the Ontario Building Code /lJ/{ rrvfd}v{?r'tA Melissa Markham, MCIP, RPP Principal Planner-Development Review J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2015\PCA 42-15 E. Gallo & M. Molinaro\Report\PCA 42-15.doc Enclosures 0 (§ 0::: I I -.",. ~t City Development Department Location Map FILE No: P/CA 42/15 APPLICANT: E. Gallo & M. Molinaro r----,__~ 6 ,---,_____J f-,___,____--1 LS ,___,____-I m r--r--- -- -- f--- f--- 33 f-:oL z 0 w 0 0 0::: i{] m ~---! 0::: 0 z w w _j ~ 0::: Fl PROPERTY DESCRIPTION: Plan 316 Lot 30 (1987 Guild Road) DATE: Apr. 16, 2015 SCALE 1 :5,000 PN-9 G) . c .... . . . (] 1 -r (] 1 0 3 :: : 0 0 )> 0 1- - Ci t y De v e l o p m e n t De p a r t m e n t ... . . . . 9. 8 m 8. 0 m - - r - I I Po r c h To re c o g n i z e a mi n i m u m no r t h si d e ya r d wi d t h of 1. 5 me t r e s 56 . 3 m EX I S T I N G TW O ST O R E Y DW E L L I N G 77 9 m ~~ ~l.---- ~------ ~ ~----- - _____ _ _ _ _ _ _ _ ._ ____ _ _ _ ._, ....... . . -..-~ .... . . . () ) 3 Su b m i t t e d Pl a n FI L E No : P/ C A 42 / 1 5 AP P L I C A N T : E. Ga l l o & M. Mo l i n a r o PR O P E R T Y DE S C R I P T I O N : P i a n 31 6 Lo t 30 (1 9 8 7 Gu i l d Ro a d ) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CIT Y OF PI C K E R I N G CIT Y DE V E L O P M E N T DE P A R T M E N T . ....... (]1 (]1 3 1' DATE: Apr. 27, 2015 w ........ From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment 35 Application Number: PICA 43115 Meeting Date: May 13, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 43115 G. Avramopoulos 1244A Bayview Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 4139192 to permit a minimum rear yard setback of 6.1 metres, whereas the by-law requires a minimum rear yard setback of 7.5 metres, and to permit a maximum lot coverage of 46 percent, whereas the by-law permits a maximum lot coverage of 45 percent. The applicant requests approval of these variances in order to obtain a building permit for an addition to an existing one-storey dwelling. Recommendation The City Development Department considers a minimum rear yard setback of 6.1 metres and a maximum lot coverage of 46 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 these variances apply only to the proposed addition to the existing dwelling as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by May 12, 2017, or this decision shall become null and void. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as "Urban Residential -Low Density Areas" within the Bayridges Neighbourhood. The subject property is currently zoned"S-SD-1"-Detached Residential Zone within Zoning By-law 2511, as amended by By-law 4139192. 36 Report PICA 43/15 May 13, 2015 Page 2 Appropriateness of the Application Rear Yard Depth and Lot Coverage Variances • the intent of the Zoning By-law is to provide an appropriate separation from abutting properties to ensure privacy, protect views, ensure openness and to provide an adequate amenity area uncovered by buildings on a lot • the by-law requires a minimum rear yard setback of 7.5 metres and permits a maximum lot coverage of 45 percent in order to encourage a style of development on the subject property which is compatible with the existing development in the neighbourhood • the owner has requested a minimum rear yard depth of 6.1 metres and a maximum lot coverage of 46 percent • the existing one-storey dwelling has a rear yard depth of 6.1 metres, the owner is requesting to construct an addition to the ground floor of the existing dwelling and to construct a second-storey while maintaining the existing 6.1 metre rear yard setback for the proposed addition • the proposed rear yard depth maintains an adequate buffer space between the proposed detached dwelling and the rear lot line to provide for a sufficient soft landscaped amenity area • the requested variances will provide an appropriate setback and separation from abutting properties with respect to privacy, views and openness • the requested variances are appropriate for the development of the land as the size and massing of the proposed dwelling will be compatible with the existing character within the surrounding neighbourhood • staff are of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the land and maintain the purpose and intent of the Official Plan and Zoning By-law Input From Other Sources Engineering & Public Works Department Date of report: May 5, 2015 Comments prepared by: \y'/ Deepak Bhatt, MCIP, RPP Planner II DB:MM:Id • no objections to the proposed development Melissa Markham, MCIP, RPP Principal Planner-Development Review J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2015\PCA 43-15 George Avramopoulos\Report\PCA 43-15.doc Enclosures CHURCH FRENCHMAN'S BAY -t City Development Department Location Map FILE No: P/CA 43/15 APPLICANT: G. Avramopoulos PROPERTY DESCRIPTION: Plan M90 Lot 25 Doto Sources: Teronet Enterprises Inc. and its suppliers. All rights Reserved. Not o pion of survey. 2013 IIAPAC end its suppliers. All ri9hts Reserved. Not o pion of Survey. 37 DATE: Apr. 16, 2015 SCALE 1 :5,000 PN-3 38 To permit a minimum rear yard setback of 6. 1 metres E 0.9m -- 9.1m EXISTING DWELLING --l-~ ~--------------------~~ PROPOSED ADDITION I E 1'-N To permit a maximum lot coverage of 46 percent L-----r---n·j;'--0.6m 9.1m BAYVIEW STREET Submitted Plan FILE No: P/CA 43/15 APPLICANT: G. Avramopoulos PROPERTY DESCRIPTION: Plan M90 Lot 25 (1244A Bayview Street) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT I DATE: Apr. 24, 2015 (. /: i- \ -I j-:-\ ! : .; \ - ' ,_ -i \ -i \ ··~ ~-. . \ -- \ ' l-- ! ' 7.5m .,.. :. .. ---,.,.~ :--~---~­ ···• -··--'----:-..:..,---'--'__._,._,. SOUTH (FRONT) ELEVATION Submitted Pl~n FILE No: P/CA 43/15 APPLICANT: G. Avramopoulos ' ' ·-----=--I ' 1 l_. 39 E 1.() h- lr PROPERTY DESCRIPTION: Plan M90 Lot 25 (1244A Bayview Street) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT [ DATE: Apr. 24,2015 40 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 45115 Meeting Date: May 13, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 45115 Golfour Property Services Inc. 1 050 Brock Road The applicant requests relief from Zoning By-law 2511, as amended by By-laws 2760188, 6704106 to permit one or more restaurants (Type A) not exceeding an aggregate gross leasable floor area of 750 square metres, whereas the by-law permits no more than one restaurant (Type A) not exceeding an aggregate gross leasable floor area of 625 square metres be established on the subject property. The applicant requests approval of this variance in order to permit the expansion of an existing restaurant within an existing building on the subject property. Recommendation The City Development Department considers the variance to permit one or more restaurants (Type A) not exceeding an aggregate gross leasable floor area of 750 square metres 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 a maximum of two restaurants (Type A) not exceeding an aggregate gross leasable floor area of 750 square metres be permitted on the subject property as generally sited and outlined on the applicant's submitted plans. 2. That the previous Minor Variance application (PICA 22192), approved by the Committee of Adjustment on May 29, 1992 affecting the subject property, permitting one or more restaurants not exceeding a maximum floor area of 625 square metres be repealed. 3. That the applicant obtain a building permit for the proposed construction by May 12, 2017, or this decision shall become null and void. Report PICA 45115 Background May13,2015 41 Page 2 On May 29, 1992, the Committee of Adjustment approved Minor Variance Application PICA 22192, which permitted one or more restaurants, not exceeding a total maximum gross floor area of 625 square metres in the existing building on the site. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Employment Areas - Mixed Employment" within the Brock Industrial Neighbourhood. Permissible uses under this designation include, but are not limited to: light manufacturing, research and development facilities, offices and restaurants serving the area. The subject property is zoned "MC-7''-Special Industrial-Commercial Zone under Restricted Area Zoning By-law 2511, as amended by By-laws 2760188, and 6704106. Appropriateness of the Application Increase the Maximum Aggregate Gross Leasable Floor Area and the number of Restaurant-Type A establishments • the intent of restricting the maximum aggregate gross leasable floor area for all Restaurant-Type A uses is to .ensure the primary use of the property is maintained for industrial and commercial-related uses and that restaurants do not become the dominant use of the property • the zoning by-law states that no more than one Restaurant-Type A shall be established and shall not exceed a gross leasable floor area of 625 square metres • the zoning by-law defines a Restaurant-Type A 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 the premises or off the premises, or both on and off the premises • the applicant is proposing a 175 square metre expansion to an existing Restaurant-Type A use (Island Mix Restaurant and Lounge) to accommodate an area devoted to food preparation and storage within an abutting unit (Unit 16) • two Restaurant-Type A uses currently exist on the subject property (Country Style Donuts-Unit 8 and Island Mix Restaurant and Lounge-Units 14A, 15 and 15A) • the primary use of the subject lands remains industrial and commercial-related uses • no new restaurant establishments are proposed on the subject property • adequate parking will be maintained on the subject property • staff is of the opinion that the variance to permit an expansion to an existing Restaurant-Type A on the subject lands is minor in nature, is desirable for the appropriate development of the property and maintains the purpose and intent of the Official Plan and Zoning By-law 42 Report PICA 45/15 Date of report: May 5, 2015 Comments prepared by: AY:MM:Id J:\Oocuments\Oevelopment\0-3700\2015\PCA 45-15\Report\PCA 45-15.doc Enclosures ;1 ~, ,J I ffli'/ (V[I 'Pztk!11"/\_ Melissa Markham, MCIP, RPP May 13, 2015 Page 3 Principal Planner-Development Review 43 ~I~ 2JI!W r ?(; 0 TlAND COURT IE OD 0:::: /I ! II/ II T II/ U 1 ~ 0 >--~ I VILLAGE '-' EAST t,-0\ PARK v---~ "~ p..'{ - n ~ 0 <( 0 w 0:: :::J z ~ w I > ((:-() <( 0::: 0 0 ')()()()()(X )()(X -SUBJE9h 0::: 0::: PROPER 0 '"'"' •v 0 :X PLUMMER STREET QUARTZ ST. Y: 0 () 0:::: 0 0:: 0 Y: m _j >->--<( 0 fJ) 1-I l FIREHALL_ -~u No. 5 ' BAYLY STREET ' \ \ 1' \ -1 ea.~. Location Map FILE No: PICA 45/15 APPLICANT: Golfour Property Services Inc. m~c PROPERTY DESCRIPTION:Con 1 S Pt Lot 19 (Save and Except City Development 40R-27678 Part 1) (1 050 Brock Road) DATE: Apr. 20, 2015 Department ~~o Sourc-: SCALE 1:5,000 ~-Teronet Enterpriae• ln~~:nd ita auf:liera. All riQhta Reae";'d. Not a ~:" of aurvey. N-4 2013 l.APAC and its au liera. All ri hta Re-rved. Not a lan of Surve . 44 UNIT 20 & 21 City Development Department To permit one or more restaurants (Type A) not. exceeding an aggregate gross leasable floor area of 750 square metres UNIT 1 . ..:-UNIT 2 ·~ d1~-'·-~.,;;;.,;.;.._ .. ... . 'UNIT3 PLUMMER STREET Submitted Plan FILE No: P/CA 45/15 APPLICANT: Golfour Property Services Inc. 0 <t: 0 a: ~ () 0 a: (() PROPERTY DESCRIPTION: Con 1 S Pt Lot 19 (Save and Except 40R-27678 Part 1) (1 050 Brock Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Apr. 24, 2015 From: Subject: Application Report to Committee of Adjustment Application Number: PICA 46115 & PICA 47115 Meeting Date: May 13, 2015 Melissa Markham, MCIP, RPP Principal Planner, Development Review Committee of Adjustment Application PICA 46115 & PICA 47115 S. Baldey 1956 Fairport Road PICA 46115 (Proposed Retained Parcel) The applicant requests relief from Zoning By-law 3036, as amended to permit a minimum lot frontage of 14.4 metres, a minimum side yard width of 1.2 metres, and a maximum lot coverage of 38 percent, whereas the by-law requires a minimum lot frontage of 15.0 metres, a minimum side yard width of 1.5 metres, and a maximum lot coverage of 33 percent. PICA 47115 (Proposed Severed Parcel) The applicant requests relief from Zoning By-law 3036, as amended to permit a minimum lot frontage of 14.4 metres, a minimum side yard width of 1.2 metres, and a maximum lot coverage of 38 percent, whereas the by-law requires a minimum lot frontage of 15.0 metres, a minimum side yard width of 1.5 metres, and a maximum lot coverage of 33 percent. The applicant requests approval of these two minor variance applications in order to create one additional lot through the Region of Durham Land Division Committee and to permit a detached dwelling on the proposed retained and severed parcels. Recommendation PICA 46115 (Proposed Retained Parcel) The City Development Department considers the proposed minimum lot frontage of 14.4 metres, a minimum side yard width of 1.2 metres, and a maximum lot coverage of 38 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 these variances apply only to the proposed lot configuration for the proposed retained parcel and future detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance (coordinated with PICA 47115) by May 13, 2016, or this decision shall become null and void. 45 46 Report PICA 46115 & PICA 47115 May 13, 2015 Page 2 3. That the applicant obtain a building permit for the proposed construction on the proposed retained parcel by May 12, 2017, or this decision shall become null and void. Recommendation PICA 47/15 (Proposed Severed Parcel) The City Development Department considers the proposed minimum lot frontage of 14.4 metres, a minimum side yard width of 1.2 metres, and a maximum lot coverage of 38 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 these variances apply only to the proposed lot configuration for the proposed severed parcel and future detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance (coordinated with PICA 46115) by May 13, 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 May 12, 2017, or this decision shall become null and void. Background Following the circulation of the notice, the applicant revised the application to increase the lot frontage for the proposed lots from 14.2 metres to 14.4 metres. The increase in lot frontage also resulted in increasing the lot area for the proposed lots to comply with the requirements of the Zoning By-law, and therefore the variance to reduce the proposed lot areas has been deleted from the application. The applicant intends on submitting a Land Division Application to the Region of Durham Land Division Committee for the subject property to create two residential lots with a minimum frontage of 14.4 metres along Fairport Road, as well as, a future development block in the rear of the subject site that will be part of a future land assembly. Approval of this Minor Variance Application will ensure zoning compliance is achieved if a future land division application is approved by the Region of Durham Land Division Committee. Report PICA 46115 & PICA 47115 May13,2015 47 Page 3 Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Urban Residential -Low Density Areas" within the Dunbarton Neighbourhood. The property 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 Guidelines require new lots along existing roads to have a minimum lot frontage of 15.0 metres, except on Fairport Road north of the creek, where minimum frontages may be 13.5 metres. The proposed lots will generally conform with the Dunbarton Neighbourhood Development Guidelines. The subject property is presently zoned as "R3" -Third Density Residential Zone within Zoning By-law 3036, as amended. Appropriateness of the Applications Reduced Lot Frontage Variances • the intent of the minimum lot frontage requirement is to ensure a usable lot size that is compatible with the surrounding neighbourhood • the existing Zoning By-law requires a minimum lot frontage of 15.0 metres • the Dunbarton Neighbourhood Development Guidelines requires a minimum lot frontage of 15.0 metres, except on Dunbarton Road where the minimum frontages may be 12.0 metres and on Fairport Road, north of the creek, where minimum frontages may be 13.5 metres • lot frontages in the area range from 13.5 metres to 26.0 metres • the proposed lot frontages of 14.4 metres will be consistent with the existing lotting pattern established along Fairport Road • the proposed lots maintain the intent of the neighbourhood design guidelines and are consistent with the development pattern within the immediate vicinity along Fairport Road Side Yard Setback Variances • the intent of a minimum side yard setback is to provide an appropriate separation between structures on abutting properties in order to maintain a pedestrian access, and to accommodate grading, drainage and residential services such as air conditioning units and utility meters • the applicant has requested a variance to reduce the minimum side yard width from 1.5 metres to 1.2 metres • the proposed side yard setbacks will provide an adequate separation between the dwelling and the property line to accommodate pedestrian access, grading, drainage and residential utility services 48 Report PICA 46115 & PICA 47115 May 13, 2015 Page4 • the proposed side yard setbacks will maintain the character of the existing residential community as the properties on the east side of Fairport Road have a minimum required side yard setback of 1.2 metres Maximum Lot Coverage Variances • the intent of the maximum lot coverage provision is to ensure that the size, scale and massing of a dwelling, and other accessory buildings are appropriate for the lot size and to ensure an adequate amount of outdoor amenity ar13a remains uncovered by buildings on a lot • the by-law permits a maximum lot coverage of 33 percent • the owner has requested a maximum lot coverage of 38 percent • the proposed lot coverage is appropriate for the development of the lands as the size and massing of the proposed dwellings will be compatible with the existing character of the surrounding neighbourhood as the properties on the east side of Fairport Road have a maximum lot coverage of 38 percent The requested variances are minor in nature, desirable for the appropriate development of the subject property and are in keeping with the intent of the Official Plan and Zoning By-law. Resident Comments X. & V. Bhatia (1960 Fairport Road) • on May 4, 2015, a letter of concern was received from the adjacent property owner to the north, 1960 Fairport Road, identifying the following concerns: • the removal of trees within the Tree Protection By-law Area • the requested variances are not "minor in nature" • negative impacts from the proposed development due to loss of privacy, increased noise, and density • the proposed development will change the character of the established neighbourhood • the lot sizes should be made larger to comply with the by-law Report PICA 46115 & PICA 47115 May 13, 2015 T. Wilson (1966 Fairport Road) Date of report: May 6, 2015 Comments prepared by: Amy Emm, MCIP, RPP Planner II AE:MM:Id Page 5 • on May 4, 2015, a letter of concern was received from a property owner to the north, 1966 Fairport Road, identifying the following concerns: • the size of the proposed dwellings are too large • the lot sizes should be made larger to comply with the by-law • the approval would create an unwanted precedence for future development in the area • the removal of trees within the Tree Protection By-law Area • that the proposed development will change the character of the established neighbourhood 11 ; .1A . I ! / ll /}. (I(' fH; l· (IV (Jd Ki1 • "~ Melissa Markham, MCIP, RPP Principal Planner, Development Review J:\Documents\Development\D-3700\2015\PCA 46-15 & PCA 47-15\Report\PCA 46-15 to PCA 47-15.doc Enclosures 50 HERSON RK 1----+----Jts 1--------!-----lfil------!-----+-----1 1----+-----tBil------!--------+-----1 Location Map FILE No: PICA 46/15 and P/CA 47/15 APPLICANT: S. Baldey PROPERTY DESCRIPTION: Plan 818 Lot 26 Pt Lot 24 City Development Department ata Sourc-: Teranet Enterpria.ee Inc. and lte eupplierw. All right. Reaerved. Not a plan of aurvey. 2013 ~PAC and its eu liars. All ri ht• Re-rved. Not a lan of Surv . DATE: Apr. 20, 2015 SCALE 1 :5,000 N-6 EX I S T I N G SH E D TO BE DE M O L I S H E D , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , \ ---~~· Q ! ! l _ ~ I ~-~ - - l I ,- - - - - - - - - - - - - - I : i : - ~ I I : : E I L _ _ _ _ J I I ~-- - - -, : ~I PR O P O S ' E i S - - <l 1-.;t L RE T A I N E D LA N D S UN D E R AN AG R E E M E N T - I -. ; t TW O ST O R E Y -- = r 5rn---l....t_ ,.- I OF PU R C H A S E & SA L E I "' " ' " I · 'rll I I BY M I C H A E L M A D D E N : .6 DW E L L I N G - ~ 41 i I • <L A N D As s E M B L Y > To pe r m i t a ma x i m u m lo t - - - - - - - - - - - - . -r t - ~ 1 I (1 9 3 8 sq . m . ) co v e r a g e of 38 p~rc e n t 1 PR O P O S E D - ~ , I I '1 r - - - - - - - - " -~ E 1• TW O ST O R E Y r.5nrj 1 1 ~ OJ Ql : -. ; t DW E L L I , . t - J Q _ _ I E I ~ E 8' I . I I I ·I l ~~ i ~I i 1 I L- - - - - - ~ I -- ~ ~ r - l U - - J - - J ~ - - - - - - - L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ j _ _ _ _ _ _ _ _ _ 32 . 0 ~ To pe r m i t a minimum lot To pe r m i t a mi n i m u m fr o n t a g e of 14.4 metres si d e ya r d wi d t h of 1. 2 me t r e s Su b m i t t e d Pl a n FI L E No : P/ C A 46 / 1 5 an d P/ C A 47 / 1 5 AP P L I C A N T : S. Ba l d e y PR O P E R T Y DE S C R I P T I O N : Pl a n 81 8 Lo t 26 Pt Lo t 24 (1 9 5 6 Fa i r p o r t Ro a d ) 0 <( 0 a: 1-a: 0 0... a: ~ 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 A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VI E W I N G AT TH E CIT Y OF PIC K E R I N G CIT Y DE V E L O P M E N T DE P A R T M E N T l DATE: Apr. 24,2015 U1 1-A 9 9 I I '' '' '' I I EA S T (F R O N T ) EL E V A T I O N WE S T (R E A R ) EL E V A T I O N Ci t y De v e l o p m e n t De p a r t m e n t Su b m i t t e d Pl a n FI L E No : P/ C A 46 / 1 5 an d P/ C A 47 / 1 5 AP P L I C A N T : S. Ba l d e y PR O P E R T Y DE S C R I P T I O N : P i a n 81 8 Lo t 26 Pt Lo t 24 (1 9 5 6 Fa i r p o r t Ro a d ) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VIE W I N G AT TH E CIT Y OF PI C K E R I N G CIT Y DE V E L O P M E N T DE P A R T M E N T . I I I I ! ! DATE: Apr. 24, 2015 CJ1 N ~ - - -- - - ~ - - L-~= ----~=_ c - ~,---,;_~":=:-."-' -_- -;- - - - - - - · - · - - ---- - - - - ~ - - - a - - .. - " " " " • m =r - - - - ~ SI D E EL E V A T I O N S Su b m i t t e d Pl a n FI L E No : P/ C A 46 / 1 5 an d P/ C A 47 / 1 5 AP P L I C A N T : S. Ba l d e y Ci t y De v e l o p m e n t De p a r t m e n t PR O P E R T Y DE S C R I P T I O N : P i a n 81 8 Lo t 26 Pt Lo t 24 (1 9 5 6 Fa i r p o r t Ro a d ) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VIE W I N G AT TH E CI T Y OF PI C K E R I N G CIT Y DE V E L O P M E N T DE P A R T M E N T DATE: Apr. 24, 2015 CJ1 ~ 54 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 48115 Meeting Date: May 13, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 48115 Hunley Homes et al Block 100 on Draft Approved Plan of Subdivision SP-2008-06 The applicant requests relief from Zoning By-law 7364114 (Seaton Zoning By-law) to permit a temporary sales facility, whereas the by-law does not permit a temporary sales facility within a residential high density zone. The applicant requests approval of this minor variance application in order to permit a temporary sales facility on the subject lands for a maximum of 1 0 years. Recommendation The City Development Department considers the temporary sales facility 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 apply only to the temporary sales facility, as generally sited and outlined on the applicant's submitted plans. · 2. That the applicant obtains Site Plan Approval for the proposed temporary sales facility by May 13, 2016 or this decision shall become null and void. 3. That the decision of the Committee shall be null and void after May 13, 2025. Background Hunley Homes et al has received draft plan approval for two draft plans of subdivision. Given the relatively long-term nature of the sales program anticipated for Seaton, Hunley Homes requires a sales centre associated with their model homes for up to a maximum of 10 years. The applicant will be submitting a site plan application to establish the location, built form, access, landscaping and other performance standards for the temporary sales facility. Report PICA 48/15 Comment Official Plan and Zoning By-law May 13, 2015 55 Page 2 The Pickering Official Plan designates the subject lands as a Residential High Density Area within the Seaton Community. The subject property is currently zoned "HD" -High Density Zone within Zoning By-law 7364/14, as amended. Appropriateness of the Application • the zoning by-law has no specific provisions related to sales facility uses, however the owner would like to market their development through the use of a temporary sales facility and associated model homes, which is typical of development of this scale • the owners are proposing an approximate 518 square metre temporary sales facility to be located on Taunton Road, on Block 100, directly across from 9 proposed model homes referenced in PCA 49/15 to PCA 57/15 • the proposed location is suitable for a temporary sales facility as this is an area which is most easily accessible and serviceable • the lands are currently zoned "HD"-High Density, however given the nature of high density uses, and their building program, the owner does not anticipate the subject lands to be developed in the 10 year time period in which the temporary sales facility will be required • the proposal to locate the temporary sales facility in Block 1 00 is appropriate for the development of the land in the short-term, and will not preclude high density development from occurring in the future • the request to allow a temporary sales facility on the subject lands is minor in nature and maintains the intent and purpose of the Official Plan and Zoning By-law as the prescribed land use can ultimately be achieved Date of report: May 5, 2015 Comments prepared by: Melissa Markham, MCIP, RPP Principal Planner-Development Review LP:MM:RP:Id J:\Documents\Development\D-3700\2015\PCA 48-15\Report\PCA 48-15.doc Enclosures 56 City Development Department TAUNTON Location Map FILE No: PICA 48/15 SUBJECT PROPERTY APPLICANT: Hunley Homes et al lD N w z ::J w 0 17i PROPERTY DESCRIPTION:Biock 100 on SP-2008-06 STREET DATE: Apr. 21, 2015 SCALE 1 :5,000 PN-16 '· I To permit a temporary sales facility M.ILINS--' 57 0 050 ~ ~~--------------~~~=~· City Development Department TAUNTON ROAD Submitted Plan FILE No: P/CA 48/15 APPLICANT: Hunley Homes et al PROPERTY DESCRlPTION: Block 100 on SP-2008-06 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. -~-----. DATE: Apr. 24,2015 58 Slo;NAI5E ..r I[ --- ____ , _____ , __ --'~-----"-'---•----' , __ -"'------h ~ ·~·if=-----------------------!"~----------------' :_: ___ ,_._, __ , ______ , __ --. S16NA15E SI6NA15E SOUTH (FRONT) ELEVATION -- 51GNAGE _!j_L • ~: -= --.:---== '-'" !r~ J·-x-Jt --.. ---.-.. -. ~: ~·. -~-~-::~_._:0~~~~: ____ ~,~~=-~~:~_;_._:o-_d •I ~::,_. ________ . ___ ------------_. __ _. __________ , _____ . _____ _.,_, __ ,_, __ _. __ _. ___ . : __ . ---. _._. _ _. __ , ___ _._,, __ , ___ , ____ , ________ _. _____ _. ______ -------' _. _ _. ____ -------------·:-~- .-------------- . --.-' ~="~ ··--··· -DO -··.. : ·. . : . - . -. .. ·.· ---.-: .. -.·. NORTH (REAR) ELEVATION City Development Department Submitted Plan FILE No: P/CA 48/15 APPLICANT: Hunley Homes et al PROPERTY DESCRIPTION: Block 100 on SP-2008-06 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. ·---.~· DATE: Apr. 24, 2015 516NA6E --• Jt-" ---=-"-= = 1:-:::'::' .. :-~~-~:~----~~~-:--~-~,_:_: ___ ~_:L::.._~_::::d-- _,_,._ -----------------':"-· _._, ------'-. ~. ,~:. -. __ , _____ . ___ _. --,:_:: ___ "···->··-·---··'------------·"'-'-•I · .. ··. · .• · · 51GNAeE .: .. .. ·_· ... · ... I I I I I I I -J. L ______ j __ j __________________________________________ l _______________ J EAST (SIDE) ELEVATION II 516NA6E ,,. ·-.r . .Jt::: -;__:::c.-----':~~-:__-~~~~~ ~fF ~--. -· . -'·,__; ___ _; _________ :_ . __________ ,._; ___ ~ ____ : ____ . . -~..:·· ::. ~;:_..:_ .. ·.·.· .-.. .·. · .. ·. 516NA6E . -.. · .... WEST (?IDE) ELEVATION City Development Department Submitted Plan FILE No: P/CA 48/15 APPLICANT: Hunley Homes et al PROPERTY DESCRIPTION: Block 100 on SP-2008-06 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. 59 I DATE: Apr. 24,2015 From: Subject: Applications Report to Committee of Adjustment Application Number: PICA 49115 to PICA 70115 Meeting Date: May 13, 2015 Melissa Markham, MCIP, RPP Principal Planner-Development Review Committee of Adjustment Applications PICA 49115 to PICA 70115 Zavala Developments Blocks 219-221 and Lots 173-176, 212 and 213 on Draft Approved Plan of Subdivision SP-2008-05 Blocks 219-221 (PICA 49115 to PICA 57115) The applicant requests relief from Zoning By-law 7364114 (Seaton Zoning By-law): • to permit detached dwellings in a "Mixed Corridor Type 1 (MC1 )"Zone; whereas, the by-law does not permit detached dwellings within the "Mixed Corridor Type 1 (MC1 )"Zone, and Lots 173 -176, 212 and 213 (PICA 58115 to PICA 70115) • to permit street townhouse dwellings in a "Low Density 1 (LD1)" Zone; whereas, the by-law does not permit street townhouse dwellings within the "Low Density 1 (LD 1 )" Zone The applicant requests approval of these minor variance applications in order to permit detached dwellings on Blocks 219 -221 and street townhouse dwellings on Lots 173-176, 212 and 213 in order to locate future model homes near a proposed temporary sales facility while relocating the townhouse dwelling units to balance the land use exchange. Recommendation Blocks 219-221 (PICA 49115 to PICA 57115) The City Development Department considers these minor variance applications to permit 9 detached dwellings (model homes) on Blocks 219-221 in a "Mixed Corridor Type 1 (MC1)" Zone 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 49115 to PICA 70115 May 13, 2015 Page 2 1. That these variances apply only to Blocks 219-221 on Draft Approved Plan of Subdivision SP-2008-05, as generally sited and outlined on the applicant's submitted plans. 2. That the proposed detached dwellings be constructed in accordance with Zoning By-law 7364114 "Low Density 1 (LD1)" Zone performance standards. 3. That prior to submitting building permit applications for the proposed detached dwellings the owner must execute a Model Home Agreement to the satisfaction of the City of Pickering. Lots 173 -176, 212 and 213 (PICA 58115 to PICA 70115) The City Development Department considers these minor variance applications to permit 13 street townhouse dwellings (units) on Lots 173-176, 212 and 213 in a "Low Density 1 (LD1)" Zone 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 Lots 173 -176, 212 and 213 on Draft Approved Plan of Subdivision SP-2008-05, as generally sited and outlined on the applicant's submitted plans. 2. That the proposed street townhouse dwellings be constructed in accordance with Zoning By-law 7364114 "Mixed Corridor Type 1 (MC1)" Zone performance standards. Background The owners of the subject lands are proposing to build 9 model homes in conjunction with a proposed temporary sales facility in order to promote the sale of units within the Seaton Community. The current zoning by-law on the subject lands does not include specific requirements for model homes. In order to build these model homes the owners are required to relocate approved street townhouse blocks of dwelling units with detached dwelling unit lots. The current zoning by-law requires a minimum number of medium density units to be located in this plan of subdivision. To ensure that the required number of medium density units is provided in the plan, the applicant must relocate the street townhouse dwellings from Blocks 219-221 to an alternative location within the same plan. 6'! 62 Report PICA 49115 to PICA 70115 May 13, 2015 Page 3 Comment Official Plan and Zoning By-law In 2006, the Central Pickering Development Plan (CPDP) came into effect providing a policy framework for a sustainable urban community (Seaton) integrated with a natural heritage system. The CPDP resulted in Amendment 22 to the Pickering Official Plan (OPA 22). The Pickering Official Plan designates Blocks 219-221 (PICA 49115 to PICA 57115) as "Mixed Corridor Type 1", and Lots 173-176, Lots 212 and 213 (PICA 58115 to PICA 70115) are designated "Low Density Area Type 1" within the Lamoreaux Neighbourhood. Blocks 219-221 (PICA 49115 to PICA 57115) are zoned "MC1"-Mixed Corridor Type 1, and Lots 173-176, Lots 212 and 213 (PICA 58115 to PICA 70115) are zoned "Low Density 1 (LD1)" Zone within Zoning By-law 7364114, as amended. Appropriateness of the Application Variance to Permit Detached Dwellings in a "MC1" Zone (Blocks 219-221) • a variance is required to allow for the development of detached dwellings to be used as model homes in a Mixed Corridor Type 1 Zone • the intent of the zoning by-law is to permit higher density uses in close proximity to major roads • the zoning by-law does not permit detached dwellings in this location • the owner is proposing to construct 9 model homes as detached dwellings where street townhouse dwellings are currently proposed • model homes are not identified in By-law 7364114 nor are any regulations established for this use • the owners are proposing 9 single detached model homes near a proposed temporary sales facility (PCA 48115) to promote the sales of units within the Seaton Community as this is an area which is most easily accessible and serviceable • the proposed model homes will be constructed in two phases and by various builders on various lands control by the owner • the first phase of model homes will be located close to a proposed temporary sales facility and the second phase will be built as overall development of Seaton proceeds • the proposed variance will be compatible with the surrounding proposed neighbourhood • the intent of the zoning by-law is being maintained as the required number of medium density units are still being provided in an appropriate location within the plan of subdivision • the requested variances to permit detached dwellings in a "MC1" Zone is minor in nature and maintains the intent and purpose of the Official Plan and Zoning By-law given the exchange of density proposed in the associated applications Report PICA 49115 to PICA 70115 May13,2015 63 Page4 Variance to Permit Street Townhouse Dwellings in a "LD1" Zone (Lots 173-176 and Lots 212 and 213) • a variance is required to permit street townhouse dwellings in a Low Density Type 1 Zone • the intent of the zoning by-law is to permit lower density residential uses behind higher intensity mixed corridor blocks • the zoning by-law does not permit street townhouse dwellings in this location • these variances are the result of 9 model homes being proposed within the Mixed Corridor lands (Blocks 219 -221) • in order to maintain the number of medium density units required in this plan the owner is proposing to exchange the unit types between Lots 173 -176 and Lots 212 and 213 • the proposed location of street townhouse dwellings within Lots 173 -176 and Lots 212 and 213 is appropriate as these lots are abutting other future street townhouse blocks (Blocks 172 and 233) • the requested variances are compatible with the surrounding neighbourhood • the intent of the zoning by-law is being maintained as the required number of medium density units are still being provided in an appropriate location within the plan of subdivision • the requested variances to permit street townhouse dwellings in a "LD1" Zone is minor in nature and maintains the intent and purpose of the Official Plan and Zoning By-law given the exchange in density proposed in the associated applications Date of report: May 5, 2015 Comments prepared by: /?U/ c;;::f:1«?"1 Lalita Paray, MCIP, RPP Planner I LP:MM:RP:Id fr1 rvv~Jl&rv'' Melissa Markham, MCIP, RPP Principal Planner-Development Review J:\Documents\Development\D-3700\2015\PCA 49-15 to PCA 70-15\Report\PCA 49-15 to PCA 70-15.doc Enclosures 64 Cifll(l~ L mmt City Development Department Location Map LOTS 173-176 LOTS \ 212-213 -~ FILE No: P/CA 49/15 to 70/15 APPLICANT: Zavala Developments <0 N w z ::J w 0 Ui ROAD PROPERTY DESCRIPTION:Biocks 219-221, Lots 173-76,212,213 SP-2008-05 DATE: Apr. 23, 2015 Data Sources: Teronet Enterprises Inc. and its suppliers. All ri9hts Reserved. Not o plan of survey. 2013 MPAC and its suppliers. All ri hts Reserved. Not o plan of Surve . SCALE 1 :5,000 PN-16 I ! I I I I I i I I o permit street townhouse dwellings in a "Low Density 1 (LD1 )"Zone To permit detached dwellings in a "Mixed Corridor Type 1 (MC1)" Zone TAUNTON Submitted Plan FILE No: P/CA 49/15 to 70/15 APPLICANT: Zavala Developments c.o N w z :::::i w 0 UJ 65 r----~---r i I ---~~ I ·:_J_ i -I I r· --1 i ).. I 81 M~1 I ~ l l i ! I ~--. ----/ I I I i \. _______ } ...-----------.... ~ 1 ! LoJ ~-------.------1 ~ i II I~ I i :· ! I l : rMfj~ , 1 I I I i I~ i I I I"' I I :f!'l·-[ l U)! ~---L.--1 I I I j :._ __________ ) L __ REET "1 ,r-·1 r·---~---l _____ _ :I r--1 -~-----] i--- 1 ! 1o L _______ J.._ __ _ ---1 /---· STREET / J ~--l ____ T _____ _ -~, r--I _l _ __j l____ ~ l_ __ [_j_=- STREIT ~ City Development Department PROPERTY DESCRIPTION: Blocks 219-221, Lots 173-76, 212, 213 SP-2008-05 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE:Apr.29,2015