HomeMy WebLinkAboutMarch 9, 2016-------------------------
Committee of Adjustment
Agenda
Meeting Number: 3
Date: Wednesday, March 9, 2016
(I)
(II)
(Ill)
(IV)
Committee of Adjustment
Agenda
Wednesday, March 9, 2016
7:00pm
Council Chambers
Page Number
Adoption of Agenda
Adoption of Minutes from February 17, 2016 1-18
Reports
1. (Deferred from the January 27, 2016 meeting) 19-29
PICA 06116
2450734 Ontario Inc. (Marshall Homes)
1555 & 1575 Kingston Road
2. PICA 11116 30-36
SR & R Bay Ridges (Plaza II) Ltd.
1261 Bayly Street
3. PICA 12116 & PICA 13116 37-42
Marshall Homes (Copperfield) Ltd.
1423 Rougemount Drive
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
Sean Wiley
Also Present
Melissa Markham, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Absent
Denise Rundle
Committee of Adjust111ent
Meeting Minutes
.Wednesday, February 17, 2016
7:00pm
Main Committee Room
Tom Copland, Committee Vice-Chair, acknowledged the presence of Rick Johnson,
City Councillor-Ward 3
(I) Adoption of Agenda
Moved by David Johnson
Seconded by Eric Newton
That the agenda for the Wednesday, February 17, 2016 meeting be adopted.
(II) Adoption of Minutes
Moved by Eric Newton
Seconded by Dav-id Johnson
Carried Unanimously
That the minutes of the 1st meeting of the Committee of Adjustment held
Wednesday, January 27, 2016 be adopted.
Carried Unanimously
Page 1 of 18
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2
(Ill)
1.
Reports
Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
(Deferred from the January 27, 2016 meeting)
PICA 100/15
D. Rinneard
5034 Wixson
The applicant requests relief from Zoning By-law 3037, as amended:
• to permit a maximum lot coverage of 24 percent; whereas the by-law permits
a maximum lot coverage of 20 percent
• to permit a maximum lot coverage of all accessory buildings, excluding
private detached garages, to be 9 percent of the lot area; whereas the by-law
permits a maximum lot coverage of all accessory buildings, excluding private
detached garages, to be 5 percent of the lot area
• to recognize an existing front yard setback of 6.6 metres (Building 1 );
whereas the by-law permits a minimum front yard setback of 9.0 metres
• to recognize an existing unenclosed covered porch projecting a maximum of
2.0 metres into the required front yard (Building 1); 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 front yard
• to permit an existing accessory dwelling unit contained within an accessory
building (Building 2); whereas the by-law states that an accessory dwelling
unit shall mean oneself contained dwelling unit contained within a permitted
detached dwelling or semi-detached dwelling
• to permit an existing accessory building (Building 2) to be partially located in
the side yard; whereas the by-law requires all accessory buildings which are
not part of the main, building to be erected in the rear yard
• to permit an existing accessory building (Building 2) to be set back 0.4 of a
metre from the south side lot line; whereas the by-law permits accessory
buildings greater than 10.0 square metres in area to be set back a minimum
of 1.0 metre from all lot lines
• to permit an existing accessory building (Building 2) with a maximum height of
4.3 metres; whereas the by-law states that no accessory building shall
exceed a height of 3.5 metres in any residential zone
Page 2 of 18
Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
• to permit an existing accessory building (Building 3) to be set back 0.3 of a
metre from the rear lot line and 0.6 of a metre from the south side lot line;
whereas the by-law permits accessory buildings greater than 10.0 square
metres in area to be set back a minimum of 1.0 metre from all lot lines
• to permit an accessory building (Building 4) with a ma~imum height of
5.5 metres; whereas the by-law states that no accessory building shall
exceed a height of 3.5 metres in any residential zone
• to permit an existing accessory building (Building 4) to be set back 0.6 of a
metre from the rear lot line; whereas the by-law permits accessory buildings
greater than 10.0 square metres in area to be set back a minimum of
1. 0 metre from all lot lines
The applicant requests approval of this minor variance application to permit an
accessory dwelling unit to be located within an accessory building, an increase in
maximum lot coverage and maximum lot coverage of all accessory buildings, and
recognize existing setbacks to the main dwelling and accessory buildings and to
obtain a building permit to construct an addition to an existing accessory building
(detached garage).
Moved by David Johnson
Seconded by Sean Wiley
To dispense reading of the application.
Carried Unanimously
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending approval subject to conditions and
refusal for maximum height for a proposed addition to an existing building
(Building 4). Written comments were received from the City's Engineering &
Public Works Department expressing no concerns. Written comments were
received from the City's Building Services indicating no comment at this time.
Written comments were also received from the Durham Region Environmental
Health Division expressing no objection with the proposal and that a building
permit for a new private sewage disposal system to service both residential units
was approved on December 18, 2015 and is valid for one calendar year.
Duff Rinneard, owner, was present to represent the application. John Carruthers
of 1717 Joseph Street was present in favour of the application.
Page 3 of 18
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4 Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
Duff Rinneard provided pictures for the Committee Members to review of other
structures in the surrounding neighbourhood exceeding the height requirements.
In response to questions from Committee Members, Duff Rinneard stated the
proposed garage addition will not be used for commercial use and the height
requirement is for a stacking mechanism for storing vintage cars. Duff Rinneard
advised the Committee that he has worked with the truss engineers and have .
been able to reduce the height for the addition to 4.8 metres.
John Carruthers stated he has no objection to the height and feels this will
enhance the surrounding area.
In response to a question from a Committee Member, the Secretary-Treasurer
stated the City Development Department would like the maximum height for the
addition to meet the Zoning By-law requirements of 3.5 metres.
Moved by Sean Wiley
Seconded by David Johnson
That application PICA 100/15 by D. Rinneard, be Approved on the grounds that
the increase in maximum lot coverage to 24 percent of the lot area and a
maximum lot coverage of all accessory buildings, excluding private detached
garages, to be 9 percent of the lot area, 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
condition:
1. That these variances apply only to the lot and structures, as generally sited
and outlined on the applicant's submitted plans.
And
Building 1
That variances for Building 1 be Approved on the grounds that the existing front
yard setback of 6.6 metres and an existing unenclosed covered porch projecting
a maximum of 2.0 metres into the required front yard, 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 condition:
1. That these variances apply only to the existing building (Building 1 ), as
generally sited and outlined on the applicant's submitted plans.
And
Page 4 of 18
Building 2
·Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
That variances for Building 2 be Approved on the grounds that the existing
accessory dwelling unit contained within an accessory building that is partially
located in the side yard, set back 0.4 of a metre from the south side lot line, with
a height of 4.3 metres, 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 existing accessory building (Building 2), ·
as generally sited and outlined on the applicant's submitted plans.
2. Obtain and post a municipal address, as assigned by the City Development
Department, for the accessory dwelling unit contained within an accessory
building (Building 2) by May 17, 2016.
3. Obtain a building permit to reflect the building construction of Building 2 by
February 17, 2017, or this decision shall become null and void.
And
Building 3
That variances for Building 3 be Approved on the grounds that the existing
accessory building set back 0.3 of a metre from the rear lot line and 0.6 of a
metre from the south side lot line, 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
condition:
1. That the variance apply only to the existing accessory building (Building 3), as
generally sited and outlined on the applicant's submitted plans.
And
Building 4
That variances for Building 4 be Approved on the grounds that the existing
accessory building set back 0.6 of a metre from the rear lot line having a height
of 5.5 metres and the maximum height of 4.8 metres. for an addition to an existing
accessory building, 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 condition:
Page 5 of 18
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6
Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
1. That these variances apply only to the existing accessory building and
proposed garage addition (Building 4), as generally sited and outlined on the
applicant's submitted plans.
Vote
Tom Copeland
David Johnson
Eric Newton
Sean Wiley
in favour
in favour
opposed
in favour
2. (Tabled at the January 27, 2016. meeting)
PICA 02116
Altona Road Subdivision Ltd.
1870 Altona Road
Moved by Sean Wiley
Seconded by David Johnson
Carried
That application PICA 02116 by Altona Road Subdivision Ltd. be lifted from the
table.
Carried Unanimously
The applicant requests relief from Zoning By-law 3036, as amended by By-law
4366193 and By-law 5537199:
• to permit Building B and Building D to be erected having a height of
13.0 metres; whereas the by-law states ttiat no building, part of a building,
or structure that exceeds a height of 12.0 metres shall be erected
• to pen-nit a minimum building height of 7.0 metres for Building E (located in
the area cross-hatched on Schedule I to By-law 5537199; whereas the by-law
states that in the area cross-hatched on Schedule I to By-law 5537199, the
minimum building height shall be 12.0 metres, and the maximum building
height shall be 18.0 metres ·
• to permit the aggregate of the gross leasable floor areas of all buildings on
the lands, except multiple dwellings, to be a minimum of 660 square metres;
whereas the by-law requires the aggregate of the gross leasable floor areas of
all buildings on the lands, except multiple dwellings, to be a minimum of
940 square metres
Page 6 of 18
Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
• to permit multiple dwelling -horizontal units with two parking spaces located
within a garage to provide no parking space between the vehicular entrance
of the private garage and the nearest traffic aisle, or public road; whereas the
by-law states that for each multiple dwelling -horizontal unit there shall be
. provided on the lands one parking space located between the vehicular·
entrance of the private garage and the nearest traffic aisle, or public road
The applicant has requested approval of these variances in order to obtain Site
Plan Approval for a proposed mixed use development consisting of 38 residential
townhouse units and a four-storey commercial building on the subject lands.
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. Written comments were also received from David Pickles,
Regional Councillor, Ward 3 in support of the application.
Written comments were received from the Toronto and Region Conservation
Authority (TRCA) expressing no concerns with the application and indicated the
eastern portion of the subject lands contain a portion of the Region Storm Flood
Plan associated with the Petticoat Creek, which is located north of the site
beyond Pine Grov~ Avenue and east of the site beyond Altona Road and the
subject lands are within the TRCA Regulated Area and any development will
require a TRCA permit.
Written comments were also received from J. and N. Kirwan of 1972 Pine Grove
Avenue expressing concerns with Block E (height, scale and massing) that is not
in keeping with the surrounding residential houses, with shadows and overlook
from balconies on existing residential and the entrance to the site from Pine
Grove Avenue is too close to Altona Road.
Melissa McKay, applicant, Sean Lawrence, architect, were present to represent
the application. Joseph Kirwan and Nicole Davis of 1972 Pine Grove Avenue,
Geoffrey Strong of 1978 Pine Grove Avenue and Tim Rheeder of 1993 Pine Grove
Avenue were present in objection to the application.
Nicole Davis asked questions to seek clarification with the gross leasable floor
area being reduced from 940 square metres to 660 square metres and she also
questioned if the vehicle access to the commercial units would be from Altona
Road or Pine Grove Avenue, She was also concerned with increased traffic and
no driveways being propos~d and the potential safety implications for children on
the road.
In response to a questions, the Secretary-Treasurer explained the variances that
were being requested by the applicant.
Page 7 of 18
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Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
Joseph Kirwan expressed a concern with having no parking spaces in the
driveways, safety related to not having a driveway, parking in the laneways,
increased traffic and a concern with the balconies overlooking existing residential
homes.
Tim Rheeder expressed a concern with the height of the buildings.
Sean Lawrence stated that the application met the minimum parking space
requirement in the current zoning by-law. He stated that the applicant has
worked with City staff to maximize the size of the tandem parking spaces by
increasing the interior size of the garage, beyond the by-law requirements. In
response to a residents comments he stated the entrance for the commercial
plaza will be on Pine Grove Avenue, in a location requested by the City. In
response to the concern related to building· heights he stated the height for
Block E is lower than the Zoning By-law requirements and advised that proposed
Blocks B and D require increased heights due to the grading of the site. He
stated that all of the buildings will be 3 storeys and will visually appear to be the
same height.
Melissa McKay provided an overview of the policies related to development of
the subject property as a focal point, which requires increase building heights at
the intersection of Altona Road and Pine Grove Avenue. She also stated that the
design of the subject lands proposes a utilitarian laneway for the use of vehicles,
and pedestrian elements along the outside of the development, facing public
roads. She also stated that all of the units with garages facing a public street will
maintain the parking space in the driveway. In response to a Committee Member
question she stated that the development will have a 6.5 metre private laneway.
Moved by David Johnson
Seconded by Sean Wiley
That application PICA 02/16 by Altona Road Subdivision Ltd., be Approved on
the grounds that Buildings B and D to be erected having a height of 13.0 metres,
a minimum building height of 7.0 metres for Building E, the aggregate of the
gross leasable floor areas of all buildings to be a minimum of 660 square metres
and permit multiple dwelling -horizontal units with two parking spaces located
within a garage to provide no parking space between the vehicular entrance of
the private garage and the nearest traffic aisle, or public road, 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 8 of 18
Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
1. That these variances apply only to the proposed development, as generally
sited and outlined on the applicant's submitted plans.
2. That the applicant obtain Site Plan Approval and building permits for the
proposed construction by February 16, 2018, or this decision shall become
null and void.
Carried Unanimously
3. PICA 03/16
G. Bevacqua
845 Third Concession Road
The applicant requests relief from Zoning By-law 3036, as amended:
• to permit an accessory building with a maximum height of 4.5 metres;
whereas the by-law states that no accessory building shall exceed a height of
3.5 metres in any residential zone
• to permit a total lot coverage of all accessory buildings, excluding private
detached garages, to be a maximum of 7.3 percent of the lot area; whereas
the by-law states that the total lot coverage of all accessory buildings,
excluding private detached garages, shall not exceed 5 percent of the lot area
The applicant requests approval of these variances in order to obtain a building
permit to construct a 372 square metre accessory building, to be located in the
rear yard.
The subject lands are located within Minister's Zoning Order (MZO}, Ontario
Regulation 154/03, which generally restricts land use to agricultural uses and
associated residential dwellings and accessory structures. The MZO requires
residential dwellings and accessory structures to have a maximum total lot
coverage of all accessory buildings or structures, excluding private detached
garage,. not exceeding 5 percent of the total lot area. The applicant has also
submitted an application to the Ministry of Municipal Affairs and Housing to
amend the MZO to permit the proposed accessory structure with a total lot
coverage of 7.3 percent.
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. Written comments were received from
J. Enright of 820 Jamar Avenue expressing no issues with the application for
minor variance proposed for the subject property. Written comments were
received from B. and J. Lytwynchuck of 827 Third Concession Road in objection
to the application.
Page 9 of 18
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10 Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
Correspondence received from B. and J. Lytwynchuck of 827 Third Concession
Road expres$ed several concerns such as the proposed accessory structure
size, height, total lot area, and the use of the structure to store cars (potential to
increase noise and traffic levels on Third Concession Road); the visual impact
from their property; negatively affect the view of the landscape, and the personal
enjoyment of property; the structure will be disproportionately large to any
structure on the property or in the general vicinity; negative impact on property
values of adjacent residential properties; and recommends that the applicant ·
comply with the Zoning· By-law requirements for height, 3.5 metres and total lot
coverage of 5 percent.
Giuseppe (Joe) Bevacqua, owner, Paul Filice, agent, were present to represent
the application. Bill Lytwynchuk of 827 Third Concession Road was present in
objection to the application.
Paul Filice provided an aerial map of the surrounding area and the subject
property for the Committee Members to review. In response to questions from
Committee Members, Paul Filice and Giuseppe Bevacqua stated the proposed
building will be used to store antique cars. The proposed structure will be metal
with required fire proofing and garage doors. Giuseppe Bevacqua indicated they
would be willing to add additional landscaping and plant more trees if required.
Paul Filice stated they have been working with the Ministry of Municipal Affairs
and Housing in order to amend the Minister's Zoning Order (MZO) to permit the
proposed accessory structure.
Bill Lytwynchuk expressed a concern with the size of the structure being
proposed on the subject property and that it is out of character with the rest of the
neighbourhood. He is concerned with the visual impact the structure will have
from his property. Bill Lytwynchuk also spoke to the correspondence that was
previously submitted in opposition to the application:
Moved by Eric Newton
Seconded by Sean Wiley
That application PICA 03/16 by G. Bevacqua, be Approved on the grounds that
the accessory building with a maximum height of 4.5 metres, and a total lot
coverage of7.3 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 accessory structure
(detached garage), as generally sited and outlined on the applicant's
submitted plans.
Page 10 of 18
Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
2. That the applicant obtain approval from the Ministry of Municipal Affairs
and Housing regarding Minister Zoning Order Amendment Application
(18-MZOA-158916), or this decision shall become null and void.
3. That the structure maintains an accessory status to the principal residential
use of the subject lands.
4. That the applicant obtain a building permit for the proposed construction by
February 8, 2018, or this decision shall become null and void.
4. PICA 04/16
A Bobat
1833 Misthollow Drive
Carried Unanimously
The applicant requests relief from Zoning By-law 3037, as amended by By-law
7020/1 0 to permit a maximum driveway width of 65 percent of the lot frontage;
whereas the by-law permits a maximum driveway width of 55 percent of the lot
frontage.
The applicant requests approval of this variance in order to recognize an existing
driveway that has been widened beyond the maximum permitted driveway width.
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending refusal. Written comments were also
received from the City's Engineering & Public Works Department indicating if the
application is refused any works that were completed on public property be
restored to original condition.
Ashraf Bobat, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Ashraf Bobat stated that he reviewed the City's website prior to widening his
driveway. He obtained an overview of the Driveway Widening & Curb Cuts from
the City's website that did not state that there were any restrictions in the
permitted width of a driveway. He stated that he followed the website in terms of
widening and he has three cars that he needs to park. In response to a question
from a Committee Member, Ashraf Bobat stated he has three vehicles, one is
parked in the garage and two are parked in the driveway.
Page 11 of 18
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12
Moved by David Johnson
Seconded by Sean Wiley
Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
That application PICA 04116 by A. Bobat, be Refused on the grounds that the
maximum driveway width of 65 percent of the lot frontage is a major variance that
is not desirable for the appropriate use of the land and not in keeping with the
general intent and purpose of the Zoning By-law.
5. PICA 05116
Lebovic Enterprises Ltd.
1603 Dusty Drive
Carried Unanimously
The applicant requests relief from Zoning By-law 3037, as amended by By-law ·
7022110, to permit a minimum flanking side yard width of 1.2 metres; whereas
the by-law requires minimum flanking side yard width of 2.4 metres.
The applicant requests approval of this variance in order to recognize an existing
two-storey detached dwelling.
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.
Glen Easton, agent, was present to represent the application. No further
representation was pre~ent in favour of or in objection to the application.
Moved by Sean Wiley
Seconded by David Johnson
That application PICA 05116 by Lebovic Enterprises Ltd., be Approved on the
grounds that the flanking side yard width of 1.2 metres, 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 condition:
1. That this variance apply only to the existing dwelling, as generally sited and
outlined on the applicant's submitted plans.
Carried Unanimously
Page 12 of 18
6. PICA 06/16
2450734 Ontario Inc. (Marshall Homes)
1555 & 1575 Kingston Road
Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036, as amended by By-law
6172/03:
• to permit a minimum building height of 12.0 metres and 4 storeys; whereas
the by-law states that no building, part of a building, or structure that is less
than 16.0 metres and 6 storeys in height, or greater than 35.0 metres and
12 storeys in h~ight, shall be erected on the lands
• to permit buildings to be located outside the building envelope having a
minimum setback of 1.8 metres from the Kingston Road lot line; whereas the
by-law states that all buildings and structures shall be located entirely within
the building envelope having a minimum setback of 4.5 metres from the
'Kingston Road lot line ·
• to permit buildings to be located outside the building envelope having a minimum
setback of 0.8 of a metre from the west lot line; whereas the by-law states that all
buildings and structures shall be located entirely within the building envelope
having a minimum setback of 4.5 metres from the west lot line
• to permit any portion of a building or structure in excess of 11.0 metres in
height, to be setback a minimum of 17.0 metres from the southern limits of
the "(H)RH/MU-1" zone; whereas the by-law states that any portion of a .
building or structure in excess of 11.0 metres in height, shall be setback a
minimum of 20.0 metres from the southern limits of the "(H)RH/MU-1" zone
• to permit a minimum of 1.0 parking space per dwelling unit for residents be
provided both above and below grade; whereas the by-law states that for
each multiple dwelling vertical there shall be provided and maintained a
minimum 1.2 parking spaces per dwelling unit for residents; all resident
parking is to be provided in a below grade structure
• to permit a minimum of 0.2 of a parking space per dwelling unit for visitors;
whereas the by-law states that for each multiple dwelling vertical there shall
be provided and maintained a minimum of 0.3 of a parking space per dwelling
unit for visitors
• to permit at grade parking lots to be no closer than 2.5 metres from the
southern limit of the "(H)RH/MU-1" Zone; whereas the by-law states that at
grade parking lots shall be permitted no closer than 3.0 metres from the limits
of the "(H)RH/MU-1" Zone
Page 13 of 18
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14 Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
• to permit at grade parking lots to be 0.0 metres from the western limit of the
"(H)RHIMU-1" Zone; whereas the by-law states that at grade parking lots shall
be permitted no closer than 3.0 metres from the limits of the "(H)RHIMU-1"
Zone
• to permit at grade parking lots to be no closer than 2.7 metres from the
eastern limit of the "(H)RHIMU-1" Zone; whereas the by-law states that at
grade parking lots shall be permitted no closer than 3.0 metres from the limits
of the "(H)RHIMU-1" Zone
The applicant is requesting approval of this minor variance application in order to
obtain Site Plan Approval for a residential development consisting of 136 stacked
townhouse units.
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending the application be deferred. Written
comments were also received from the City's Engineering & Public Works
Department expressing no concerns.
Samantha Bateman, Marshall Homes, was present to represent the application.
No further representation was present in favour of or in objection to the application.
Moved by David Johnson
Seconded by Eric Newton
That application PICA 06116 by 2450734 Ontario Inc. (Marshall Homes), be
Deferred in order to allow time for City staff to receive preliminary comments on
the Site Plan application and for the application to be brought to the City's Site
Plan Advisory Committee.
7. PICA 07116
I. & S. Gandhi
220 Finch Avenue
Carried Unanimously
The applicant requests relief from Zoning By-law 3036, as amended:
• to permit uncovered steps with a height of 1.6 metres in height above grade
to project 2.3 metres into the required front 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 front yard
Page 14 of 18
Committee ·of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
• to permit a maximum lot coverage of 25 percent; whereas the by-law permits
a maximum lot coverage of 20 percent
The applicant requests approval of this minor variance application in order to
obtain a building permit to construct a two-storey detached dwelling.
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending approval subject to conditions.
Written comments were also received from the Toronto and Region Conservation
Authority expressing no objection to the variances proposed however, a Natural
Heritage Evaluation, revised Site Plan and Building Elevations are required prior
to issuance of final approval for the TRCA permit. ·
lnderjit Gandhi, 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 07/16 by I. & S. Gandhi, be Approved on the grounds that
the uncovered steps with a height of 1.6 metres in height above grade to project
2.3 metres into the required front yard and a maximum lot coverage of 25 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 two-storey detached
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
February 17, 2017, or this decision shall become null and void .
8. PICA 08/16
M. Bosnjak
1441 Highbush Trail
. Carried Unanimously
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum side yard width of 1.2 metres, and a maximum lot coverage of 34 percent;
whereas the by-law requires a minimum side yard width of 1.5 metres, and a
maximum lot coverage of 33 percent.
Page 15 of 18
15
16 Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
The applicant requests approval of this minor variance application in order to
obtain a building permit to construct a two-story detached dwelling.
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.
Filip Artukovic, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Moved by Eric Newton
Seconded by Sean Wiley
That application PICA 08116 by M. Bosnjak, be Approved on the grounds that
the proposed minimum side yard width of 1.2 metres, and a maximum lot
coverage of 34 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 two-storey detached
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
February 17, 2017, or this decision shall become null and void.
9. PICA 09116
D. Artukovic
1443 Highbush Trail
Carried Unanimously
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum side yard width of 1.2 metres, and a maximum lot coverage of 35 percent;
whereas the by-law requires a minimum side yard width of 1.5 metres, and a
maximum lot coverage of 33 percent.
The applicant requests approval of this minor variance application in order to
obtain a building permit to construct a two-story detached dwelling.
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending approval subject to conditions. Written
comments were also rece-ived from the City's Engineering & Public Works
Department expressing no concerns.
Page 16 of 18
Committef;! of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
Filip Artukovic, 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 09116 by D. Artukovic, be Approved on the grounds that
the proposed minimum side yard width of 1.2 metres, and a maximum lot
coverage of 35 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, su~ject to the following conditions:
1. That these variances apply only to the proposed two-storey detached
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
February 17,2017, or this decision shall become null and void.·
10. PICA 10116
Marshall Homes (Copperfield Ltd.)
Nordane Drive
Carried Unanimously
The applicant requests relief from Zoning By-law 3036, as amended by By-law
7274113, to permit a minimum lot frontage of 7.2 metres; whereas the by-law
requires a minimum lot frontage of 7.5 metres.
The applicant requests approval of this variance in order to facilitate the
development of a semi-detached dwelling on a lot.
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.
Brian Moss, agent, was present to represent the application. Samantha
Bateman, Marshall Homes, was also present.
Page 17 of 18
17
18
Moved by David Johnson
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes
Wednesday, February 17, 2016
7:00pm
Main Committee Room
That application PICA 10/16 by Marshall Homes (Copperfield) Ltd., be Approved
on the grounds that the minimum lot frontage of 7.2 metres, is minor in nature,
desirable for the appropriate development of the land, and in keeping with the
general intent and purpose of the Official Plan and the Zoning By-law, subject to
the following conditions:
1. That this variance apply only to the proposed lot configuration, as generally
sited and outlined on the applicant's submitted plan.
2. That the applicant obtain a building permit for the proposed construction by
February 17, 2017 or this decision shall become null and void.
Carried Unanimously
(IV) Adjournment
Date
Chair
Moved by David Johnson
Seconded by Sean Wiley
That the 2nd meeting of the 2016 Committee of Adjustment be adjourned at
8:45 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, March 9, 2016.
Carried Unanimously
Assistant' Secretary-Treasurer
Page 18 of 18
From:·
Report to
I
Committee of Adjustment
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
Application Number: PICA 06116
Meeting Date: March 9, 2016
Subject: Committee of Adjustment Application PICA 06/16
2450734 Ontario Inc. (Marshall Homes) Limited
1555 & 1575 Kingston Road
Application
The applicant requests relief from Zoning By-law 3036, as amended by By-law 6172103:
• to permit a minimum building height of 12.0 metres and 4 storeys; whereas the
by-law l:?tates that no building, part of a building, or structure that is less than
16.0 metres and 6 storeys in height, or greater than 35.0 metres and 12 storeys in
height, shall be erected on the lands
• to permit buildings to be located outside the building envelope having a minimum
setback of 1.8 metres from the Kingston Road lot line; whereas the by-law states
that all buildings and structures shall be located entirely within the building
envelope having a minimum setback of 4.5 metres from the Kingston Road lot line
• to permit buildings to be locat~d outside the building envelope having a minimum
setback of 0.8 of a metre from the west lot line; whereas the by-law states that all
buildings and structures shall be located entirely within the building envelope
having a minimum setback of 4.5 metres from the west lot line
• to permit any portion of a building or structure in excess of 11.0 metres in height, to
be setback a minimum of 17.0 metrE:!S from the southern limits of the "(H)RHIMU-1"
Zone; whereas the by-law states that any portion of a building or structure in
excess of 11.0 metres in height, shall be setback a minimum of 20.0 metres from
the southern limits of the "(H)RHIMU-1" Zone
• to permit a minimum of 1.0 parking space per dwelling unit for residents be
provided both above and below grade; whereas the by-law states that for
each multiple dwelling vertical there shall be provided and maintained a minimum
1.2 parking spaces per dwelling unit for residents; all resident parking is to be
provided in a below grade structure
• to permit a minimum of 0.2 of a parking space per dwelling unit for visitors;
whereas the by-law states that for each multiple dwelling vertical there shall be
provided and maintained a minimum of 0.3 of a parking space per dwelling unit for
visitors
• to permit at grade parking lots to be no closer than 2.5 metres from the southern
limit of the "(H)RH/MU-1" Zone; whereas the by-law states that at grade parking
lots shall be permitted no closer than 3.0 metres from the limits of the
"(H)RHIMU-1" Zone
19
20 . Report PICA 06/16 March 9, 2016
Page 2
• to permit at grade parking lots to be 0.0 metres from the western limit of the
"(H)RH/MU-1" Zone; whereas the by-law states that at grade parking lots shall be
permitted no closer than 3.0 metres from the limits of the "(H)RH/MU-1" Zone
• to permit at grade parking lots to be no closer than 2.7 metres from the eastern
limit of the "(H)RH/MU-1" Zone; whereas the by-law states that at grade parking
lots shal.l be permitted no closer than 3.0 metres from the limits of the
"(H)RH/MU-1" Zone
The applicant is requesting approval of this minor variance application in order to obtain
Site Plan Approval for a residential development consisting of 136 stacked townhouse
units.
Recommendation
The City Development Department considers the requested variances to be minor in
nature, desirable for the appropriate development of the land, and in keeping with the
general intent and purpose of the Official Plan and the Zoning By-law, and therefore
recommends Approval of the proposed variances, subject to the following conditions: -'
1. That the variances apply only to the proposed development, as generally sited and
outlined on the applicant's submitted plans.
2. That the applicant obtain Site Plan Approval for the proposed development by
March 9, 2017, or this decision shall become null and void.
Background
On February 17, 2016, the Committee of Adjustment deferred the minor variance
application in order to' allow the site plan and minor variance applications to be
considered by the City of Pickering Site Plan Advisory Committee. The applications were
considered by the Site Plan Advisory Committee on February 23, 2016, and the
Committee had no objection to the requested variances.
Comment
Official Plan and Zoning By-law
Pickering Official Plan -Mixed Use Areas -City Centre
Zoning By-law 3036, as amended by By-law 6172/03-"(H)RH/MU-1"-Multi
Residential/Mixed Use (Hold Zone)
Report PICA 06/16
Appropriateness of the Application
March 9, 2016
Page 3
Requested variance to reduce building height requirements along Kingston Road:
• the intent of the by-law in requiring a minimum building height is to ensure a type of
built form and massing along Kingston Road
• the by-law states that no building, part of a building or structure that is less than
16.0 metres and 6 storeys in height, or greater than 35.0 metres and 12 storeys in
height, shall be erected on the lands
• the existing site-specific zoning by-law definition for building height excludes roof
structures, including a roof top terrace and mechanical enclosure
• the applicant is proposing residential buildings with a minimum height of
12.0 metres with 4 storeys
• the City's Official Plan policies for lands within the City Centre state that all new
buildings are required to be at least three functional storeys
• the proposed residential buildings will appear to be 6 storeys in height, as the
buildings have been designed with a raised underground garage and a roof top
terrace
• if the proposed roof structure were calculated as part of the building height the
proposed buildings would have a total building height of approximately
15.75 metres
• the proposed height of the residential buildings adjacent to Kingston Road
achieves the City's urban design objective of providing a strong building presence
and an animated streetscape along Kingston Road
• staff are of the opinion that this requested variance is appropriate for the
development of the lands and i~ minor in nature
Requested variances to reduce setbacks from Kingston Road and the west lot line:
• the intent of the by-law in requiring a building envelope, is to maintain minimum
·setbacks from streets and abutting properties
• the site specific by-law also sets out a build-to-zone along Kingston Road and
along the western property line in order to ensure that the site design and layout of
the buildings located on the property provide for a strong and identifiable urban
edge
• the by-law requires a building envelope and build-to-zone as shown on Schedule I
to the By-law (6172/03), which illustrates a 4.5 metre setback along Kingston Road
and the west lot line and a 3.0 metre setback along the south and east lot lines
• the applicant is proposing to permit buildings to be located outside the building
envelope having a minimum setback of 1.8 metres from the Kingston Road lot line
and a minimum setback of 0.8 of a metre from the west lot line
• as part of the development of the subject site the applicant is required to convey a
6.0 metre wide road widening to the ~egion of Durham, along the Kingston Road
frontage
• the site specific by-law did not include the required 6.0 metre wide road widening
• the requested variance to reduce the building setback will provide an appropriate
and functional building setback for tl)e development from Kingston Road
21
22 Report PICA 06/16 March 9, 2016
Page4
• the required building envelope along the west lot line was to provide a strong urban
edge along a future public road
• the owner is currently in the process of purchasing the road allowance, which was
to be the future public road, along the west lot line to be developed as a private
condominium road
• as a result of the future purchase of the road allowance for a private condominium
road, the owner has designed and sited the buildings along the west lot line to
create a pedestrian friendly environment with patios projecting from the front of the
residential dwelling units
• the proposed development is compatible with the City Centre lands
• the applicant is requesting to reduce the required building envelope on the subject
lands, however the prescribed build-to-zone is being maintained
• staff are of the opinion that the reduced setbacks from Kingston Road and the west
lot line are appropriate for the development of the lands
Requested variance to reduce building setback from the south property line:
• the intent of the by-law in requiring buildings, in excess of 11-.0 metres in height, to
be setback a minimum of 20.0 metres from the southern limits of the zone is to
ensure that impacts from the development, such as overl9ok and privacy, are
minimized for the existing residential properties immediately to the south along
Avonmore Square
• the site specific by-law was approved for a residential apartment building and this
provision would ensure that an appropriate setback was maintained for any portion
of a building in excess of 11.0 metres
• the applicant is proposing to permit any portion of a building or structure in excess
of 11.0 metres in height, to be setback a minimum of 17.0 metres from the
southern limits of the zone ·
• the applicant is proposing a different built form, which will have a lesser impact on
the existing residential dwelling
• the City's Official Plan policies for lands within the City Centre state that new
development in close proximity to established low density residential areas are
required to be gradually transitioned in height
• staff have utilized a 45 degree angular plane from the south property line at grade
to provide a transition between the proposed development and the existing low
density residential development to the south in order to minimize any adverse
impact on the existing residents
• the applicant has submitted an illustration (attached to this report) demonstrating
that when applying a 45 degree angular plane from the south property line at grade
the proposed buildings will be below the 45 degree angular plane
• staff are of the opinion that the request to reduce the building setback from the
south property line will not adversely impact the existing low density residential
development to the south
• the requested variance meets the intent of the Official Plan, the Zoning By-law and
is appropriate and desirable for the development of the lands
Report PICA 06/16 March 9, 2016
Page 5
Requested variance to reduce the minimum number of required parking spaces:
• the intent of the by-law in requiring a minimum number of required parking spaces
is to ensure an adequate supply of on-site parking is available to accommodate the
parking requirements ofall permitted uses
• the by-law requires a minimum 1.2 parking spaces per dwelling unit within a
multiple dwelling vertical building to be provided in a below grade structure and a
minimum of 0.3 of a parking space per dwelling unit for visitors
• the applicant has submitted a Parking Justification Study, prepared by Trans-Plan,
dated January 2016
• the applicant is proposing a parking ratio of 1.0 parking space per dwelling unit for
residents and 0.2 of a parking space per dwelling unit for visitors
• the submitted site plan illustrate a total of 164 parking spaces to be provided on-
site including 136 parking spaces for residents and 28 parking spaces for visitors
at grade
• a total of 11 additional visitor parking spaces will be provided along the private
condominium road
• Trans-Plan indicates that the current parking standards that apply to the site can
be further reduced for the following reasons:
o the proposed unit sizes are relatively small and are comparable to typical
apartment sizes ·
o smaller unit sizes generally cater to fewer persons per unit, resulting in lower
auto ownership per unit and lower on-site parking demands
o transit use is generally higher in the study area and auto ownership is
generally lower compared to the rest of the City
• staff are of the view that proposed parking ratio is appropriate and a sufficient
supply of parking is provided on-site to serve the residents and visitors
Requested variance to setback for at grade parking lots from south, east and west lot
lines:
• the intent of the by-law in requiring at-grade parking spaces to be located no closer
than 3.0 metres from the limits of the zone is to ensure an appropriate landscape
strip can be provided
• . the applicant is proposing to reduce the required setback to 2.5 metres at the south
lot line, 0.0 metres from the west lot line and 2.7 metres from the east lot line
• an existing board-on-board privacy fence is along the south property line
• the applicant has submitted a landscape plan, prepared by Cosburn Nauboris Ltd.,
illustrating that the proposed 2.5 metre wide landscape buffer strip along the south
property line will accommodate deciduous tree and shrub plantings
• the 0.0 metre setback from the west lot line is due to the future purchase of the
adjacent lands to the west for a private condominium road
• the 2.7 metre setback from the east lot line abuts a hydro corridor
23
24 Report PICA 06/16 March 9, 2016
Page 6
• the proposed landscape buffer strips are of sufficient width to accommodate
landscaping and minimize any adverse impacts to the existing residents to the
south
• staff are of the opinion that the requested variance is minor in nature and is
appropriate for the development of the lands
Based on the discussion above, staff are of the opinion that the proposed variances are
minor in nature, appropriate for the development of the land and in keeping with the
general intent and purpose of the Zoning By-law and Official Plan.
Input From Other Sources
Site Plan Committee • no objections to the requested
variances
Engineering & Public Works Department • no concerns with the requested
variances
Date of report: March 3, 2016
Comments prepared by:
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
MM:NS:df
Niles Surti, CIP, RPP
Manager, Development Review &
Urban Design
J;\Documents\Development\0~3700 Committee of Adjustment (PCA Applications)\2016\PCA 06w16 2450734 Ontario Inc. (Marshall Homes)\Report\PCA 06w16-Revised March 3.doc
Enclosures
City Development
Department
PICKERING
RECREATION
COMPLEX
Location Map
FILE No: PICA 06/16
0::::
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DIANA,
PRINCESS OF
WALES PARK
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APPLICANT: 2450734 Ontario Inc. (Marshall Homes)
VILLAGE
EAST
PARK
PROPERTY DESCRIPTION: Con 1. Pt. Lot 20, 40R~6095 Part 1,
(1555 & 1575 Kingston Road) DATE: Jan. 22,2016
SCALE 1 :5,000 PN·8
25
26
To permit buildings to
be located outside
the building envelope
having a minimum
setback of 1.8 metres
from the Kingston
Road lot line ·
To permit at grade
parking lots to be no
closer than 2.5
metres from the
southern limit of the
"(H}RHIMU-1" Zone
To permit buildings to
be located outside
the building envelope
having a minimum
setback of 0.8 of a
metre from the west
lot line
To permit at grade
parking lots to be 0.0
metres from the
western limit of the
"(H)RHIMU-1" Zone
To permit any portion
of a building or·
structure in excess of
11.0 metres in height,
to be setback a
minimum of
17.0 metres from the
southern limits ofthe
(H}RHIMU-1" zone
City Development
Department
D
--••. 1'
Submitted Plan
FILE No: P/CA06/16
APPLICANT: 2450734 Ontario Inc. {Marshall Homes)
To permit a minimum
building height of
12.0 metres and 4
To permit a minimum
of 0.2 of a parking
space per dwelling
unit for visitors
To permit a minimum
of 1.0 parking space
per dwelling unit for
residents be provided
both above and
below grade
To permit at grade
parking lots to be no
closer than 2.7
metres from the
eastern limit of the
"(H)RH/MU-1' Zone
PROPERTY DESCRIPTION: Con 1. Pt. Lot 20, 40R-6095 Part 1,
F L AL IES 0 IS AVA LA LE FOR VIE N
CITY DEVELOPMENT DEPARTMENT. DATE: Feb. 4, 2016
r-
f. =====
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t\i .,... ---·-_L
E 0 t\i
City Development
Department
TYPICAL SOUTH ELEVATION
TYPICAL NORTH ELEVATION
Submitted Plan
FILE No: P/CA 06/16
APPLICANT: 2450734 Ontario Inc. (Marshall Homes)
PROPERTY DESCRIPTION: Con 1. Pt. Lot 20, 40R-6095 Part 1,
(1555 & 1575 Kingston Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CllY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Feb. 4, 2016 .
27
28
City Development
Department
TYPICAL WEST ELEVATION
TYPICAL EAST ELEVATION
Submitted Plan
FILE No: P/CA 06/16
APPLICANT: 2450734 Ontario Inc. (Marshall Homes}
PROPERTY DESCRIPTION: Con 1. Pt. Lot 20, 40R-6095 Part 1,
(1555 & 1575 Kingston Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Feb. 4, 2016
I
i5
I~
I~ ·:::i l~i~----------~~----~----~~~i~
BLOCK4
WEST
Submitted Plan
FILE No: PICA 06/16
DRIVE AISLE
APPLICANT: 2450734 Ontario Inc. (Marshall Homes)
' I fi? ' io.
PROPERTY DESCRIPTION: Con 1. Pt. Lot 20, 40R-6095 Part 1,
City Development
Department (1555 & 1575 Kingston Road)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: Feb. 4, 2016
29
30
. From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 11116
Meeting Date: March 9, 2016
Principal Planner-Development Review
Committee of Adjustment Application PICA 11116
SR&R Bay Ridges (Plaza II) Ltd.
Bayly Street
The applicant requests relief from Zoning By-law 2520, as amended by By-law 6705106,
6786107 and 7006109:
• to permit covered and unenclosed porches, platforms and stairs to project a
maximum of 2.4 metres outside the building envelope (along Bayly Street), as
illustrated on Schedule II to By-law 6705106, as amended; whereas the by-law
states that buildings and structures shall be located entirely within the building
envelope as illustrated on Schedule II to By-law 6705106, as amended
• to permit a building to be located outside the building envelope with a minimum
setback of 3.0 metres from the south lot line, as illustrated on Schedule II to
By-law 6705106, as amended; whereas the by-law states that buildings and
structures shall be located entirely within the building envelope as illustrated on
Schedule II to By-law 6705/06, as amended
• for multiple dwelling-vertical buildings located within the "RHIMU-2" Zone and
within the build-to-zone, any portion of a building or structure in excess of two
.storeys in height, be setback a minimum of 0.0 metres from the main wall of the
building or structure; whereas the by-law states that for multiple dwelling-vertical
buildings located within the "RHIMU-2" Zone and within the build-to-zone, any
portion of a building or structure in excess of two storeys in height, shall be setback
a minimum of 3.0 metres from the main wall of the building or structure
• to permit below grade structures beyond the limits of the building envelope
identified on Schedule II to By-law 6705106, as amended, with a 0.0 metre setback
from the limits of the lands; whereas the by-law states that below grade structures
shall be permitted beyond the limits of the building envelope identified on Schedule
II to By-law 6705106, as amended, but no closer than 0.5 metres from the limits of
the lands
• to permit the minimum aggregate gross leasable floor area for all non-residential
uses to be 1,630 square metres; whereas the by-law states the minimum
aggregate gross leasable floor area for all non-residential uses shall be
2,410 square metres which can be built in three phases with the first phase having
a minimum of 1,300 gross leasable floor area non-residential uses
Report PICA 11/16 March 9, 2016 31
Page 2
The applicant is requesting approval of this minor variance application in order to obtain
Site Plan Approval for a 23-storey apartment building containing 214 units and a 3-storey
building containing 22 stacked units along Bayly Street.
Recommendation
The City Development Department considers the requested variances to be minor in
nature, desirable for the appropriate development of the land, and in keeping with the
general intent and purpose of the Official Plan and the Zoning By-law, and therefore
recommends Approval of the proposed variances, subject to the following conditions:
1. That the variances. apply only to the proposed development, as generally sited and
outlined on the applicant's submitted plans.
2. That the applicant obtain Site Plan Approval for the proposed development by
March 9, 2017, or this decision shall become null and void.
Comment
Official Plan and Zoning By-law
Pickering Official Plan -Mixed Use Areas -Mixed Corridors within the Bay Ridges
Neighbourhood
Zoning By-law 2520, as amended by By-law 6705/06, 6786/07, 7006/09-"(H)RH/MU-2"-
Multi Residential/Mixed Use (Hold Zone)
Appropriateness of the Application
Requested variances to perm if parches, platforms and stairs outside of the building
envelope along Bayly Street
• the intent of the by-law in requiring a building envelope is to maintain certain setbacks
from streets and abutting properties
• the site specific by-law also sets out a build-to-zone along Bayly Street in order to
ensure that the site design and la"yout of the buildings located on the property provided
for a strong and identifiable urban edge
• the by-law requires a building envelope and build-to-zone as shown on Schedule II to
the By-law (6705/06), which illustrates a 3.0 metre setback along Bayly Street
• the applicant is proposing to permit covered and unenclosed porches, platforms and
stairs to project a maximum of 2.4 metres outside the building envelope along
Bayly Street
• the proposed development along Bayly Street has been design~d and sited with
minimum setbacks to the main wall of the multiple dwelling-vertical building, in order to
accommodate the proposed porches, platforms and stairs projecting from the front of
th~ building variances are required
32 Report PICA 11/16 March 9, 2016
Page 3
• the building facades adjacent to Bayly Street have been designed with principal
entrances facing the street to create an active streetscape
• an appropriate setback from the sidewalk and Bayly Street is being maintained
. • the proposed development is compatible with surrounding development
• staff are of the opinion that the encroachment of covered and unenclosed porches,
platforms and stairs into the setback from ·Bayly Street is appropriate for the
development of the lands
Requested variance to reduce building setback from the south lot line
• the intent of the by-law in requiring a building envelope from the south lot line is to
ensure that building siting and massing provides appropriate interfaces with existing
development and the Douglas Ravine
• the Bay Ridges Plaza Redevelopment Development Guidelines states that the
presence of the Douglas Ravine at the site's easterly periphery is a major asset and
that views into the Ravine, framed by an east-west road, should be provided
• the by-law requires a building envelope as shown on Schedule II to the By-law
(6705/06), which illustrates a minimum 4.0 metre setback along the south lot line
• the applicant is proposing to permit a building to be located outside the building
·envelope with a setback of 3.0 metres from the south lot line
• the proposed development will not impact access or views into Douglas Ravine
• the proposed location of the apartment building is setback greater than 21 metres from
the existing residential development to the south
• the requested variances to reduce the building setback from the south lot line will not
adversely impact the views to Douglas Ravine or development to the south
• staff are of the opinion that the reduced setback from the south lot line is appropriate
for the development of the lands
Requested variance to reduce the setback for below grade. parking structures
• the intent of the by-law in requiring a 0.5 metre setback for below grade parking
structures from the limits of the lands is to ensure that the structure does not encroach
onto other lands and impact adjacent landowners
• the applicant is requesting to permit below grade structures beyond the limits of the
building envelope with a 0.0 metre setback from the limits of the lands
• the applicant has requested this variance in order to accommodate the required
parking spaces in a more efficient manner within the below grade structure
• the requested variance to reduce the setback for below grade parking structure will
have no impact on the existing condominium development to the west
• staff is of the opinion that the reduction in setback for below grade parking structures
is minor in nature and is appropriate for the development of the lands
Report PICA 11/16 March 9, 2016
Page4
Requested variance to reduce the minimum set back required for buildings located with
the build-to-zone in excess of two storeys in height
• the intent of the by-law in requiring that any portion of a building or structure in excess
of two storeys in height be set back a minimum of 3.0 metres from the main wall of the
building or structure is to create a podium feature for a tower building and to establish
a pedestrian scale environment
• the applicant is proposing for multiple dwelling-vertical buildings located within the
"RH-MU-2" Zone and within the build-to-zone, any portion of a building or structure in
excess of two storeys in height, be setback 0.0 metres from the main wall of the
building or structure
• the site specific by-law was approved for a different built form along Bayly Street,
which contemplated a high-rise building with the need for a base or podium style of ·
development to ensure a pedestrian scale environment along Bayly Street
• building set backs above the second storey are typically required for mid-rise and
high-rise buildings (approximately 6 storeys or greater) based on the context of the
street, adjacent building relationships and building proportion
• the proposed multiple dwelling-vertical building along Bayly Street is three storeys
• the 0.0 metres setback above the second storey maintains the character of the
existing high-rise building to the west ·
• the proposed built form will maintain a well-defined street edge and pedestrian
environment
• staff are of the opinion that the reduced set back required for buildings located with the
build-to-zone in excess of two storeys in height is appropriate for the development of
the lands
Requested variance to reduce the minimum aggregate gross leasable floor area for
commercial space
• the intent of the by-law in requiring a minimum aggregate gross leasable floor area
(GLFA) of 2,410 square metres, which can be built in three phases, is to provide
sufficient commercial space to service surrounding community
• the design objectives for this redevelopment area is to create a higher intensity of
development and provide a mix of uses to create a vibrant urban community
• the applicant is not proposing any new GLFA within this phase of development
• the applicant is requesting to permit the minimum aggregate gross leasable floor area
for all non-residential uses to be 1 ,630 square metres, which was developed in
previous phases
• the by-law was intended to provide commercial space to serve some of the day-to-day
needs of the existing and future residents of the neighbourhood, which were
previously served by two commercial plazas; Bay Ridges Plaza (5,200 square metres)
and Square Boy Plaza (522 square metres) ·
• the recommendation report, for the site-specific by-law, stated that residents were
concerned with the loss of retail floor space resulting from the development of the
subject lands
33
34 Report PICA 11/16 March 9, 2016
Page 5
• in order to address residents' concerns, the initial phase of development at the
intersection of St. Martins Drive and Bayly Street was required to inclu.de commercial
floor space
• current tenants within the existing commercial space include a take-out restaurant,
food stores and a pharmacy
• 422 square metres of space is currently occupied and the applicant has tried to lease
the vacant commercial space with minimal success
• staff is of the opinion that the reduction in the minimum aggregate Gross Leasable
Floor Area to 1 ,630 square metres of commercial space is sufficient to service the
surrounding community and will not affect the design and land use objectives of the
neighbourhood
• the requested variance meets the intent of the Official Plan, the Zoning By-law and is
appropriate and desirable for the development of the lands
Input From Other Sources
Site Plan Committee • no objections to approval
Engineering & Public Works Department • no comments on minor variance
application
Date of report: March 4, 2016
Comments prepared by:
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
MM:NS:df
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\
Niles S rti, MCIP, RPP
Manager, Development Review &
Urban Design
J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2016\PCA 11-16 SR & R Bay Ridges (Plaza II) Ltd\Report\PCA 11~16.doc
Enclosures
ST. MARTIN'S
ANGLICAN
CHURCH
l I .• al-~t
City Development
Department
Location Map
FILE No: PICA 11/16
APPLICANT: SR&R Bay Ridges
PROPERTY DESCRIPTION. North Part o BlockY, Plan M16, Parts 5, 10 12, 13, 17-19,
• 40R-27468 Part 1 40R-27608 Parts 6-10 40R-28023 &
Parts 14, 15, 16, 40R-25170 (1261 Bayly Street) DATE: Feb. 22, 2016
SCALE 1 :5000 PN-3
35
permit below grade structures
beyond the limits of the building
envelope identified on Schedule II
to By-law 6705/06, as amended,
with a 0.0 metre setback from the
limits of the lands
To permit multiple
dwelling-vertical buildings located
within the "RH/MU-2" Zone, and
within the build-to-zone, any
portion of a building or structure
in excess of two storeys in
height, shall be setback a
minimum of 0.0 metres from the
main wall of the building or
structure
To permit a building to be
located outside the building
envelope with a minimum
setback of 3.0 metres from the
south lot line, as illustrated on
Schedule II to By-law 6705/06,
as amended
Submitted Plan
City Development
Department
FILE No: P/CA 11/16
APPLICANT: SR&R Bay Ridges
PROPERTY DESCRIPTION:
To permit covered and
unenclosed porches, platforms
and stairs to project a maximum
of 2.4 metres outside the building
envelope (along Bayly Street), as
illustrated on Schedule II to
By-law 67~5/06, as amended
DATE:Feb.22,2016
. Report to
Committee of Adjustment
Application Numbers: PICA 12116 & PICA 13116
Meeting Date: March 9, 2016
From: ·Melissa Markham, MCIP, RPP
Principal Planner-Development Review
Subject: Committee of Adjustment Applications PICA 12116 & PICA 13116
Marshall Homes (Copperfield) Ltd.
1423 Rougemount Drive
Applications
PICA 12116 (Proposed Retained Parcel)
The applicant requests relief from Zoning By-law 3036 as amended, to permit a minimum
lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage
is erected as part of a detached dwelling, whereas the. by-law requires a minimum lot
frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is
erected as part of a detached dwelling.
PICA 13116 (Proposed Severed Parcel)
The applicant requests relief from Zoning By-law 3036 as amended, to permit a minimum
lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage
is erected as part of a detached dwelling, whereas the by-law requires a minimum lot
frontage of 18.0 metres and a minimum side yard width of 1.8 nietres where a garage is
erected as part of a detached dwelling.
The applicant requests approval of these variances in order to create one additional lot
through the Region of Durham Land Division Committee and obtain a building permit to
construct a two-storey detached dwelling on the proposed severed parcel and to replace
an existing dwelling with a new two-storey detached dwelling on the proposed retained
parcel.
Recommendation PICA 12/16 (Proposed Retained Parcel)
The City Development Department considers the minimum lot frontage of 15.2 metres for
the proposed retained parcel 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:
37
38 Report PICA 12116 & PICA 13116 March 9, 2016
Page 2
1. That the variance apply only to the proposed lot configuration for the proposed
retained parcel, as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain final clearance for Land Division Application LD 086112 by
October 24, 2016, or this decision shall become null and void.
3. That the applicant submit a preliminary site plan indicating proposed driveway
locations to the satisfaction of the City's Engineering & Public Works Department.
4. That the applicant obtain a building permit for the proposed construction on the
proposed retained parcel by February 18, 2017, or this decision affecting the proposed
detached dwelling shall become null and void .
. Recommendation PICA 13/16 (Proposed Severed Parcel)
The City Development Department considers the minimum lot frontage of 15.2 metres for
the proposed severed parcel 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 the variance apply only to the proposed lot configuration for the proposed
severed parcel, as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain final clearance for Land Division Application LD 086112 by
October 24, 2016, or this decision shall become null and void.
3. That the applicant submit a preliminary site plan indicating proposed driveway
locations to the satisfaction of the City's Engineering & Public Works Department.
4. That the applicant obtain a building permit for the proposed construction on the
proposed retained parcel by February 18, 2017, or this decision affecting the proposed
detached dwelling shall become null and void.
Background
On February 18, 2015, the Committee of Adjustment conditionally approved a previous
Minor Variance Application for the subject property (PICA 09115 and PICA 1 0115). The
previous minor variance application proposed a minimum lot frontage of 15.2 metres and
a minimum side yard width of 1.2 metres where a garage is erected as part of a detached
dwelling. The Committee of Adjustment conditionally approved a minimum lot frontage of
15.2 metres and a revised minimum side yard width of 1.5 metres where a garage is
erected as part of a detached dwelling.
Report PICA 12116 & PICA 13116 March 9, 2016
Page3
The applicant appealed the Committee's decision to the Ontario Municipal Board. The
application was heard by the Ontario Municipal Board on July 27, 2015. An Ontario
Municipal Board decision was received on January 19, 2016 approving the Committee of
Adjustment decision to permit a minimum lot frontage of 15.2 metres and a side yard
width of 1.5 metres. The application became null and void on February 17, 2016, since
the conditions of approval were not completed. '
Comment
Official Plan and Zoning By-law
Pickering Official Plan -"Urban Residential -Low Density Areas" within the Rougemount
· Neighbourhood
Zoning By-law 3036, as amended by By-law 2912188-"R3"-Third Density Residential .
Zone and "G" -Greenbelt-Conservation Zone
Appropriateness of the Application
Reduced Lot Frontage Variances
• the intent of the minimum lot frontage requirement is to ensure a usable lot size
that is compatible with the neighbourhood
• since the adoption of the 1988 area-specific zoning by-law amendment, the City
has approved several rezoning applications for a number .of properties along
Rougemount Drive, between Kingston Road and Altona Road, which established a
minimum lot frontage of 15.0 metres
• lot frontages in the area range from 15.0 metres to 38.0 metres
• the reduced lot frontage from 18.0 metres to 15.2 metres continues to provide a
usable lot size due to the increased depth of these lots
• the proposed lot frontages would allow for the development of detached dwellings
with appropriate performance standards to ensure compatibility of any future
development with the neighbourhood charaCter established along
Rougemount Drive
• the proposed 15.2 metre lots are generally consistent with the development pattern
along the northerly portion of Rougemount Drive
• the requested lot frontage variances are minor in nature and maintains the intent
and purpose of the Official Plan and the Zoning By-law
Reduced Side Yard Width Variances
• the intent of a minimum side yard width is to provide an appropriate separation
distance between structures on abutting properties in order to 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 current zoning by-law requires a minimum side yard setback of 1.8 metres, the
application is proposing a reduction to 1.5 metres
39
40 Report PICA 12116 & PICA 13116 March 9, 2016
Page4
• since the adoption of the 1988 area-specific zoning by-law amendment, the City
has approved several rezoning applications for a number of properties along
Rougemount Drive, between Kingston Road and Altona Road, which established a
minimum side yard width of 1.5 metres
• to ensure the unique character along Rougemount Drive is maintained and
protected, a minimum side yard width of 1.5 metres is to be provided
• 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
• the proposed side yard setbacks will provide an appropriate setback and
separation from abutting properties with respect to privacy, views and openness
• the proposed side yard setbacks will maintain the character of the existing 1
residential community
• the requested side yard width variances are 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 • no objections to approval
Date of report: March 3, 2016
Comments prepared by:
Amy Emm, MCIP, RPP Melissa Markham, MCIP, RPP
Planner II · Principal Planner, Development Review
AE:MM:df
J:\Oocuments\Development\D-3700 Committee of Adjustment (PCAApplicatlons)\2016\PCA 12-16 & PCA 13-16 Marshall Homes (Coppelfield) Ltd\Report\PCA 12-16 & PCA 13-16.doc
Enclosures
City Development
Department
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Location Map
FILE No: PICA 12116 & PICA 13116
APPLICANT: Marshall Homes {Copperfield) Ltd.
PROPERTY DESCRIPTION: Part of Lot 27 Plan 228
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LANDS TO BE CONVEYED TOTRCA PART3 N 1' DATE: Feb. 18,2016