HomeMy WebLinkAboutOctober 7, 2015----------------
Committee of Adjustment
Agenda
Meeting Number: 14
Date: Wednesday, October 7, 2015
(I)
(II)
(Ill)
(IV)
Adoption of Agenda
Committee of Adjustment
Agenda
Wednesday, October 7, 2015
7:00pm
Main Committee Room
Page Number
Adoption of Minutes from September 16, 2015 1-4
Reports
1. (Deferred at the September 16, 2015 meeting) 5-9
PICA 99115
J.Gatto & A. Siegel
481 0 Brock Road
2. PICA 101115 to PICA 103115 10-16
A. & R. Agraso
523 Rougemount Drive
3. PICA 104115 17-22
I. & C. Vienneau
1736 Walnut Lane
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-Vice-Chair
David Johnson -Chair
Eric Newton
Denise Rundle
Sean Wiley
Also Present:
Melissa Markham, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
(I) Adoption of Agenda
Moved by Eric Newton
Seconded by Tom Copeland
Committee of Adjustment
Meeting Minutes
Wednesday, September 16, 2015
7:00pm
Main Committee Room
That the agenda for the Wednesday, September 16, 2015 meeting be adopted.
(II) Adoption of Minutes
Moved by Eric Newton
Seconded by Denise Rundle
Carried Unanimously
That the minutes of the 12th meeting of the Committee of Adjustment held
Wednesday, August 26, 2015 be adopted.
Carried Unanimously
Page 1 of 4
1
2 Committee of Adjustment
(Ill) Reports
1. PICA 98115
OPB Realty Inc.
1355 Kingston Road
Meeting Minutes
Wednesday, September·16, 2015
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036, as amended by By-law
5994102 and 5806101 to permit a building to be located outside of the building
envelope with a minimum setback of 3.0 metres from the Pickering Parkway lot
line; whereas the by-law does not permit any building or part of a building to be
erected outside the building envelope having a minimum setback of 9.0 metres
from the Pickering Parkway lot line.
The applicant requests approval of this variance in order to obtain Site Plan
approval to construct a 629 square metre building to be occupied by a retail store.
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.
Jim Kotsopoulos, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
In response to questions from Committee Members, Jim Kotsopoulos provided
an overview of the proposed building, including the location of the main entrance
to the building, vehicular access to the building, parking location and landscaping
along the Pickering Parkway lot line. He stated that the building was brought
closer to the Pickering Parkway lot line to provide an enhanced streetscape and
an improved pedestrian connection through the site to the north. The agent also
stated that the owner is working closely with the City on the Site Plan Approval
process.·
Moved by Tom Copeland
Seconded by Eric Newton
That application PICA 98115 by OPB Realty Inc., be Approved on the grounds
that a building located outside of the building envelope with a minimum setback
of 3.0 metres from the Pickering Parkway 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 4
------------------
Committee of Adjustment
Meeting Minutes
Wednesday, September 16, 2015
7:00pm
Main Committee Room
1 .. That this variance apply only to the proposed 629 square metre building, as
generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain Site Plan Approval for the proposed building by
September 16, 2016, or this decision shall become null and void.
2. PICA 99/15
J. Gatto & A. Siegel
4810 Brock Road
Carried Unanimously
The applicant requests relief from Zoning By-law 3037, as amended, to permit an
accessory building (detached garage) that is not part of the main building to be
located in the side yard; whereas the by-law requires all accessory buildings that
are not part of the main building to be erected in the rear yard.
The applicant requests approval of this minor variance application in order to
permit a partially constructed detached garage to be located within the side yard.
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending deferral of the application. Written
comments were also received from the City's Engineering & Public Works
Department expressing no concerns.
Joshua Gatto and Alexandra Siegel, owners, were present to represent the
application. Karen Petersen and John Derlis of 4820 Brock Road were present
in support of the application.
Joshua Gatto explained the application and requested that Committee make a
decision on the application so that the owners can move forward with the
construction of the detached garage.
In response to questions from Committee M~mbers, the Secretary-Treasurer
stated that City staff has recommended a deferral on the application in order to
receive a recommendation from the Heritage Pickering Advisory Committee
regarding the location of the detached garage. A recommendation from the
Heritage Committee is required as the subject property is designated under Part
IV of the Ontario Heritage Act. The Committee of Adjustment application has
been circulated to the Heritage Pickering Advisory Committee for review and has
been tentatively scheduled to be heard at the September 23, 2015 Heritage
Committee meeting. Once the Heritage Pickering Advisory Committee has
reviewed the Committee of Adjustment application City staff will provide a
recommendation.
Page 3 of 4
3
4
Moved by Sean Wiley
Seconded by Denise Rundle
Committee of Adjustment
Meeting Minutes
Wednesday, September 16, 2015
7:00pm
Main Committee Room
That application PICA 99/15 by J. Gatto & A. Siegel, be Deferred in order for the
minor variance application to be reviewed by the Heritage Pickering Advisory
Committee.
Carried Unanimously
(IV) Adjournment
Date
Chair
Moved by Eric Newton
Seconded by Tom Copeland
That the 13th meeting of the 2015 Committee of Adjustment be adjourned at
7:18pm and the next meeting of the Committee of Adjustment be held on
Wednesday, October 7, 2015.
Carried Unanimously
Assistant Secretary-Treasurer
Page 4 of 4
From:
Subject:
Application
Report to
Committee of Adjustment
Application Number: PICA 99115
Meeting Date: October 7, 2015
(Deferred at the September 16, 2015 meeting)
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
Committee of Adjustment Application PICA 99115
J. Gatto & A. Siegel
481 0 Brock Road
The applicant requests relief from Zoning By-law 3037, as amended, to permit an
accessory building (detached garage) that is not part of the main building to be located
in the side yard; whereas the by-law requires all accessory buildings that are not part of
the main building to be erected in the rear yard.
The applicant requests approval of this minor variance application in order to permit a
partially constructed detached garage to be located within the side yard.
Recommendation
The City Development Department recommends that minor variance application
PICA 99/15 be Deferred in order for the minor variance application to be reviewed by
the Heritage Pickering Advisory Committee.
Background
The subject property is designated under Part IV of the Ontario Heritage Act
(By-law 3633191), and is known as the Thompson House, which was constructed circa
1845. Any changes to designated properties within the City require consultation with
the Heritage Pickering Advisory .Committee.
The application was heard at the Heritage Pickering Advisory Committee meeting on
September 23, 2015, however the Committee did not have quorum at this meeting.
The Chair has requested Committee members provide written comments prior to the
October 7, 2015 Committee of Adjustment meeting date, however no formal comments
had been provided by the me.rilbers as of the dat~ this report was written.
Comment
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject property as "Rural Settlements -
Rural Hamlet" within the Claremont Settlement Area. ·
5
6 Report PICA 99/15 October 7, 2015
Page 2
The. subject property is zoned "A"-Rural Agricultural Zone under Restricted Area
Zoning By-law 3037, as amended.
Date of report: October 1, 2015
Comments prepared by:
Lalita Paray, MCIP RPP
Planner I
LP:MM:df
ltV(·~
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2015\PCA 99-15 J. Gatto &A. Siegei\Report\PCA 99_15_def Oct 7 2015.doc
Enclosures
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APPLICANT: J. ~atto and A. Siegel
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PROPERTY DESCRIPTION: North Part of Lot 19, Concession 8
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10
From:
Subject:
Applications
Report to
Committee of Adjustment
Application Number: PICA 101115 to 103115
Meeting Date: October 7, 2015
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
Committee of Adjustment Application PICA 101/15 to PICA 103115
A. & R. Ag raso
513 & 523 Rougemount Drive
PICA 101115-Part 3 (Part Lot 46, Plan 350)
The applicant requests relief from Zoning By-law 2511, as amended, to permit a
minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres
where a garage is erected as part of a detached dwelling, whereas the by-law requires
a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres
where a garage is erected as part of a detached dwelling.
PICA 102115-Parts 4 & 5 (Part Lot 46, Plan 350)
The applicant requests relief from Zoning By-law 2511, as amended, to permit a
minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres
where a garage is erected as part of a detached dwelling, whereas the by-law requires
a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres
where.a garage is erected as part of a detached dwelling.
PICA 103115-Part 6 (Part Lot 47, Plan 350)
The applicant requests relief from Zoning By-law 2511, as amended, to permit a
minimum lot frontage of 15.6 metres and a minimum side yard width of 1.6 metres
where a garage is erected as part of a detached dwelling, whereas the by-law requires
a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres
where a garage is erected as part of a detached dwelling.
The applicant requests approval of these minor variance applications in order to create
three lots fronting the future extension of Mountain Ash Drive through Region of Durham
Land Division Applications LD 121115 ~oLD 124115, and obtain a building permit to
construct a detached dwelling on each of the proposed new lots.
Report PICA 101/15 to 103/15 October 7, 2015
Page 2
Recommendations
PICA 101115-Part 3 (Part Lot 46, Plan 350)
. The City Development Department considers a minimum lot frontage of 15.2 metres·
and a minimum side yard width of 1.5 metres where a garage is erected as part of a
detached dwelling 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 these variances apply only to the proposed lot configuration for the proposed
parcel (Part 3), as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain final clearance for Land Division Application LD 121/15, or
this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction on the
proposed parcel (Part 3) by October 6, 2017, or this decision affecting the minimum
side yard width shall become null and void.
PICA 102115 -Parts 4 & 5 (Part Lot 46, Plan 350)
The City Development Department considers a minimum lot frontage of 15.2 metres
and a minimum side yard width of 1.5 metres where a garage is erected as part of a
detached dwelling 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 these variances apply only to the proposed lot configuration for the proposed
parcel (Parts 4 & 5), as generally sited and outlined on the applicant's submitted
plans.
2. That the applicant obtain final clearance for Land Division Application LD 122/15 and
LD 124/15, or this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction on the
proposed parcel (Parts 4 & 5) by October 6, 2017, or this decision affecting the
minimum side yard width shall become null and void.
PICA 103115-Part 6 (Part Lot 47, Plan 350)
The City Development Department considers a minimum lot frontage of 15.6 metres
and a minimum side yard width of 1.6 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 1
12 Report PICA 101115 to 103115 October 7, 2015
Page 3
1. That these variances apply only to the proposed lot configuration for the proposed
parcel (Part 6), as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain final cle.arance for Land Division Application LD 123115, or
this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction on the
proposed parcel (Part 6) by October 6, 2017, or this decision affecting the minimum
side yard width shall become null and void.
Comment
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject properties as "Urban Residential -
Low Density Areas" within the Rosebank Neighbourhood.
The subject properties are currently zoned "R3"-Third Density Residential Zone within
Zoning By-law 2511, as amended.
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 surrounding neighbourhood
• the Zoning By-law requires a minimum lot frontage of 18.0 metres
• the applicant is requesting a minimum lot frontage of 15.2 metres (PICA 101115
and PICA 1 02115) and 15.6 metres (PICA 1 03115) for the proposed lots ·
• the existing lots to the north of the subject properties, along Mountain Ash Drive,
are zoned "R4-6", which permits a minimum lot frontage of 15.0 metres
• the proposed lot frontages of 15.2 metres and 15.6 metres are compatible with
the existing development to the north, along Mountain Ash Drive
• the proposed lot frontages are consistent with the existing lot frontages within the
immediate area and with the 15.0 metre minimum lot frontage requirement of the
Rosebank Neighbourhood Development Guidelines
• the requested variances to reduce the minimum required lot frontage will maintain
appropriate lot sizes and allow for the construction of detached dwellings that are
compatible with the surrounding neighbourhood
Side Yard Setback Variances
· • the intent of a minimum side yard width is to provide an appropriate separation
between structures on abutting properties in order to maintain a pedestrian
access, to accommodate grading, drainage and residential services such as air
conditioning units and utility meters, and to maintain the character of the
surrounding neighbourhood
----------------------------------------------------------
Report PICA 101115 to 103115 October 7, 2015
Page4
• the Zoning By-law requires a minimum side yard width of 1.8 metres
• the applicant is requesting a minimum side yard width of 1.5 metres (PICA 101115
and PICA 1 02115) and 1.6 metres (PICA 1 03115), where a garage is erected as
part of a detached dwelling
• the existing lots to the north of the subject properties, along Mountain Ash Drive,
are zoned "R4-6", which permits a minimum side yard width of 1.2 metres
• the proposed side yard widths of 1.5 metres and 1.6 metres are compatible with
the existing development to the north, along Mountain Ash Drive
• the proposed side yard width would maintain an adequate buffer space, provide
ari appropriate setback and separation from abutting properties with respect to
privacy, views and openness
• the proposed side yard width will maintain the character of 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
Date of report: September 30, 2015
Comments prepared by:
uy
Deepak Bhatt, MCIP, RPP
Planner II
DB:MM:Id
• no concerns with the application
JWL .. ~k!L
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
J:\Documents\Development\0~3700\2015\PCA 101·15 to PCA 103-15\Report\PCA 101 to 103-15 Report.doc
Enclosures
13
14
ROUGE
City Development
Department
TOYNEVALE
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Location Map
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FILE No: PICA 101115 to PICA 103115
APPLICANT: A. and R. Agraso
PROPERTY DESCRIPTION: Plan 350, Part lots 46 & 47
(523 Rougemount Drive) DATE: Aug. 26, 2015
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m DATE: Sept. 18, 2015
From: Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 104/15
Meeting Date: October 7, 2015
Principal Planner-Development Review
Subject: Committee of Adjustment Application PICA 104/15
I. & C. Vienneau
1736 Walnut Lane
Application
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4402/73
and By-law 843/78, to permit an accessory building (detached garage) with a maximum
height of 4.1 metres; whereas the by-law does not permit accessory buildings to exceed
a height of 3.5 metres in any residential zone.
The applicant requests approval of this minor variance application in order to obtain a
building permit to construct a 53.5 square metre accessory building (detached garage)
with an increased maximum building height in the rear yard.
Recommendation
The City Development Department considers an accessory building (detached garage)
with a maximum height of 4.1 metres to be a major variance that is not desirable for the
appropriate development of the land and th.erefore recommends Refusal of the
proposed variance.
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject lands as "Urban Residential -Low
Density Areas" within the Liverpool Neighbourhood.
The subject lands are currently zoned "S1"-Detached Dwellings within
Zoning By-law 3036, as amended by By-law 4402/73 and By-law 843/78.
Appropriateness of the Application
Increase in Maximum Height for an Accessory Building
• the intent of permitting a maximum accessory building height is to minimize
the visual impact of accessory buildings on abutting properties and on the
streetscc;~pe, while still allowing for subordinate buildings and structures to be
located on a lot
17
18 Report PICA 1 04/15 October 7, 2015
Page 2
• the by-law requires all accessory buildings to be located in the rear yard with
a minimum setback of 1.0 metre from all lot lines and a maximum building
height of 3.5 metres in any residential zone
• the applicants have requested relief to permit an accessory building
(detached garage) to have a maximum height of 4.1 metres (from the finished
grade to the midpoint of the roof)
• a detached dwelling with an attached garage currently exists on the subject
property
• the applicants are proposing an additional garage on the subject property to
be located in the rear yard, with no driveway access
• the overall height of the proposed detached garage from the finished grade to
the peak of the roof is 5.8 metres
• the proposed detached garage has a ground floor area of 53.5 square
metres, which has a total lot coverage of approximately 4.9 percent
• the applicants have advised that the proposed detached garage will be used
to store small vehicles and seasonal items and will not include a loft space
• the proposed height, scale and massing of the detached garage is not
compatible with the surrounding neighbourhood
• the proposed detached garage is not accessible by a driveway, and the side
yard width to access the garage is not sufficient to provide vehicular access,
which is typically 3.5 metres for a one car driveway
• the subject property is surrounded by existing residential development to the
north, east and west, and commercial uses to the south
• the proposed location for the detached garage is treed, however given the
proposed height of the accessory building, it will be visual to abutting
homeowners
• the variance to increase the maximum height of a detached garage is not
supported by City staff as a height of 3.5 metres can be achieved through the
appropriate design of the accessory building to comply with the zoning by-law
• staff is of the opinion that the proposed increase in building height is not
minor and will create an accessory building with a size and massing tha.t is
undesirable for the development of the property
• staff is of the opinion that the proposed variance results in an inappropriate
scale of development in relation to the built form that has been established in
the neighbourhood and is not in keeping with the character of the surrounding
area
• staff is of the opinion that the proposed height, scale and massing of the
detached garage is not considered minor and not in keeping with the intent
and purpose of the zoning by-law, and therefore the requested variance is a
major variance that is not desirable for the appropriate development or use of
the land
Report PICA 104/15
Date of report: October 1, 2015
Comments prepared by:
~1/1:4
Lalita Paray, MCJP, RPP
Planner I
LP:MM:df
rwl. tWf!Jkr~
Melissa Markham, MCIP, RPP
October 7, 2015
Page 3
Principal Planner-Development Review
J:\Oocuments\Development\0-3700 Committee of Adjustment (PCA Applications)\2015\PCA 104-151. & C. Vienneau\Report\PCA 104_15.doc
Enclosures
19
20
City Development
Department
Location Map
FILE No: PCA 104/15
APPLICANT: I. & C. Vienneau
PROPERTY DESCRIPTION:Pian M1037 Lot 148 (1736 Walnut Lane
DATE: Sept. 8, 2015
SCALE 1 :5,000 PN-12
r------------------------------!
1
I EXISTING
I
I
DWELLING
L ~
I
I /
I
I
j
I
PROPOSED
GARAGE
I
I
I
I
I
I
City Development
Department
./
To permit an accessory building
(detached garage) with a
maximum height of 4.1 metres
Submitted Plan
FILE No: P/CA 104/15
APPLICANT: I. & C. Vienneau
PROPERTY DESCRIPTION: Plan M1 037 Lot 148
(1736 Walnut Lane)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT.
I
I
)
w z ::s
1--::l z ::s s
DATE: Sept. 18,2015
21
City Development
Department
~ ---~--~
~ ~ E
l
SOUTH ELEVATION
•••
DODD DODD D
II II II II I
EAST ELEVATION
WEST ELEVATION
Submitted Plan
FILE No: P/CA 104/15
APPLICANT: I. & C. Vienneau
'
" E (V)
N •
t
E (V)
N
...
PROPERTY DESCRIPTION: Plan M1037 Lot 148
(1736 Walnut Lane)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Sept. 18, 2015