Loading...
HomeMy WebLinkAboutJune 1, 2016Committee of Adjustment Agenda Meeting Number: 7 Date: Wednesday, June 1, 2016 Cu.q "~ (I) Adoption of Agenda (II) Adoption of Minutes from May 11, 2016 (Ill) Reports 1. PICA 29116 & PICA 30116 C. Gallo & J. Ciancio 14 73 Rougemount Drive 2. PICA 32116 & PICA 33116 E. Ovide Holdings (Altona) Inc. 296 & 298 Shadow Place 3. PICA 34116 1868988 Ontario Inc. 1234 Kingston Road (IV) Adjournment Committee of Adjustment Agenda Wednesday, June 1, 2016 7:00pm Main Committee Room Page Number 1-8 9-17 18-21 22-26 Accessible •--For information related to accessibility requirements please contact: PICKE~G Lesley Dunne T. 905.420.4660, extension 2024 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 Absent Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, May 11, 2016 7:00pm Council Chambers That the agenda for the Wednesd~y, May 11, 2016 meeting be adopted. (II) Adoption of Minutes Moved by Tom Copeland Seconded by Sean Wiley Carried Unanimously That the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, April 20, 2016 be adopted. Carried Page 1 of 8 1 2 (Ill) 1. Reports PICA 23/16 A. & S. Gray 714 Simpson Avenue Committee of Adjustment Meeting Minutes Wednesday, May 11, 2016 7:00pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended by By-law 4139/92: • to permit a minimum front yard depth of 2.6 metres; whereas the by-law requires a minimum front yard depth of 5.0 metres • to permit a covered porch to project a maximum of 1.6 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 • to permit uncovered steps and a covered platform to project a maximum of 1.5 metres into the required rear yard; whereas the by-law does not permit uncovered steps and/or platforms to project into the required rear yard • to permit a maximum building height of 9.5 metres; whereas the by-law permits a maximum building height of 7.5 metres The applicant requests approval of these variances 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 received from the City's Engineering & Public Works Department expressing no concerns. Written comments were received from the Toronto and Region Conservation Authority (TRCA) indicating that the property is within a TRCA Regulated Area of the Frenchman's Bay Watershed and any development and/or site alteration on the property is subject to the criteria of O.Reg. 166/06 and requires TRCA permit approval. TRCA stated no objections to the replacement of the existing dwelling, and recommended a 10.0 metre and 6.0 metre setback for all new dwellings and ancillary structures from the natural features to the rear. Samantha Bateman, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 2 of 8 Moved by Sean Wiley Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, May 11, 2016 7:00pm Council Chambers That application PICA 23116 by A. & S. Gray, be Approved on the grounds that the minimum front yard depth of 2.6 metres, a covered porch to project a maximum of 1.6 metres into the required front yard, uncovered steps and a covered platform to project a maximum of 1.5 metres into the required rear yard, and a maximum building height of 9.5 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 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 May 11, 2018, or this decision shall become null and void. 2. PICA 24116 R. & M. Blair 1971 Glendale Drive Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended to permit an accessory building with a maximum height of 4.1 metres, whereas the by-law states that no accessory building shall 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 an accessory building (detached garage) in the rear yard. 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 the City's Building Services expressing no habitable space is permitted within accessory buildings. Rick Blair, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 3 of 8 3 4 Committee of Adjustment Meeting Minutes Wednesday, May 11, 2016 7:00pm Council Chambers In response to questions from Committee Members, Rick Blair stated the intended use for the accessory building is to park a large van which requires 9 foot doors, and the additional room within the garage is for a workshop. Moved by Eric Newton Seconded by Tom Copeland That application PICA 24116 by R. & M. Blair, be Approved on the grounds that the accessory building with a maximum height of 4.1 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 accessory building (detached garage), as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by May 11, 2017, or this decision shall become null and void. Carried Unanimously 3. PICA 25116 M. Mandarello 1789 Spruce Hill Road The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum south side yard width of 1.2 metres; whereas the by-law requires a minimum side yard width of 1.5 metres. 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 received from the City's Engineering & Public Works Department expressing no concerns. Written comments were received from the owners of 1781 Spruce Hill Road, Rebecca & Francois Chahine, in objection to the application. Rebecca & Francois Chahine stated that they were opposed to the variance as the new dwelling would decrease the value of their property, the new dwelling would be too close to the property line and the view from the bedroom window will be changed to looking at a brick wall. Page 4 of 8 ------------------------------ Committee of Adjustment Meeting Minutes Wednesday, May 11, 2016 7:00pm Council Chambers Michael Mandarello, owner, and Cesare Gallo, agent, were present to represent the application. Rebecca & Francois Chahine of 1781 Spruce Hill Road were present in objection to the application. Michael Mandarello stated that he was seeking this variance in order to allow the future severance of the property. He stated that there is an easement along the north lot line for access to a land locked parcel to the rear of the property. He stated that the reduction in side yard setback to 1.2 metres is in keeping with the character of the neighbourhood. He also stated that he is trying to work with the landowner to have the easement removed. Cesare Gallo, agent, spoke regarding the existing easement. Francois Chahine is opposed to the application and is concerned that the proposed dwelling will be too close to their home. He stated that he is not in support of the proposed setback. He also discussed the existing easement, which provides access to his rear yard. A Committee Member asked staff about the existing setback of 1781 Spruce Hill Road from the north lot line. Staff stated that the side yard setback requireo in the by-law is 1.5 metres, as there have been no variances it is believed that the current setback is 1.5 metres. A Committee Member stated that the only issue being dealt with by the Committee is the reduction in the side yard setback and the easement along the north lot line is not b~ing dealt with through the Committee of Adjustment. Moved by Tom Copeland Seconded by Eric Newton That application PICA 25/16 by M. Mandarello, be Approved on the grounds that the proposed minimum south 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 conditions: 1. That this variance apply only to the proposed two-storey detached dwelling, as generally sited and outlined on the applicant's submitted plans. Page 5 of 8 5 6 Committee of Adjustment Meeting Minutes Wednesday, May 11, 2016 7:00pm Council Chambers 2. That the applicant obtain a building permit for the proposed construction by May 11, 2017, or this decision shall become null and void. Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley in favour in favour in favour opposed opposed 4. PICA 26116 to PICA 28116 Marshall Homes (Copperfield) Limited 1840, 1842 & 1845 Nordane Drive PICA 26116 (1840 Nordane Drive) Carried The applicant requests relief from Zoning By-law 3036, as amended, to permit a maximum lot coverage of 49 percent; whereas the by-law permits a maximum lot coverage of 40 percent. PICA 27116 (1842 Nordane Drive) The applicant requests relief from Zoning By-law 3036, as amended, to permit a maximum lot coverage of 46 percent; whereas the by-law permits a maximum lot coverage of 40 percent. PICA 28/16 (1845 Nordane Drive) The applicant requests relief from Zoning By-law 3036, as amended, to permit a maximum lot coverage of 40 percent; whereas the by-law permits a maximum lot coverage of 38 percent. The applicant requests approval of these variances in order to obtain building permits to construct two semi-detached dwellings and one 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. Brian Moss, agent, was present to represent the application. Nn further representation was present in favour of or in objection to the application. Page 6 of 8 Moved by Denise Rundle Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, May 11, 2016 7:00pm Council Chambers That application PICA 26116 by Marshall Homes (Copperfield) Limited, be Approved on the grounds that the maximum lot coverage of 49 percent, 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 semi-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 May 11, 2017, or this decision shall become null and void. That application PICA 27116 by Marshall Homes (Copperfield) Limited; be Approved on the grounds that the maximum lot coverage of 46 percent, 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 semi-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 May 11, 2017, or this decision shall become null and void. That application PICA 28116 by Marshall Homes (Copperfield) Limited, be Approved on the grounds that the maximum lot coverage of 40 percent, 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 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 May 11, 2017, or this decision shall become null and void. Carried Unanimously Page 7 of 8 7 8 Committee of Adjustment Meeting Minutes Wednesday, May 11, 2016 7:00pm Council Chambers (IV) Adjournment Date Chair Moved by Eric Newton Seconded by Sean Wiley That the 6th meeting of the 2016 Committee of Adjustment be adjourned at 7:28 pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 1, 2016. Carried Unanimously Assistant Secretary-Treasurer Page 8 of 8 From: Subject: Applications Report to Committee of Adjustment Application Numbers: PICA 29116 & PICA 30116 Meeting Date: June 1, 2016 Melissa Markham, MCIP, RPP Principal Planner-Development Review Committee of Adjustment Applications PICA 29116 & PICA 30116 C. Gallo and J. Ciancio 14 73 Rougemount Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912188: • to permit a minimum lot frontage of 16.9 metres; whereas the by-law permits a minimum lot frontage of 18.0 metres • to permit a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law permits a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling • to permit a maximum building height of 9.6 metres; whereas the By-law 2912188 permits a maximum building height of 9.0 metres The applicant requests approval of these minor variance applications 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 and retained parcels. Recommendation (PICA 29/16 & PICA 30/16) The City Development Department considers a minimum lot frontage of 16.9 metres, a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling, and a maximum building height of 9.6 metres, to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances subject to the following conditions: 1. That these variances apply only to the proposed lot configuration, as generally sited and outlined as Lot A & Lot B on the applicant's submitted plans. 2. That the applicant obtain final clearance for a future Land Division Application by November 1, 2017, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by June 1, 2018, or this decision affecting the proposed detached dwellings shall become null and void. 9 10 Report PICA 29116 & PICA 30116 June1,2016 Page 2 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 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 16.9 metres • lot frontages in the area range from 15.0 metres to 38.0 metres • the reduced lot frontage from 18.0 metres to 16.9 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 lot frontages are generally consistent with the existing lotting pattern established along Rougemount Drive 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 Zoning By-law requires a minimum side yard width of 1.8 metres • the owner has requested to reduce the minimum side yard width to 1.5 metres • the proposed side yard width of 1.5 metres will ensure that the unique character along Rougemount Drive is maintained and protected • the proposed side yard width 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 width 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 residential community Report PICA 29/16 & PICA 30/16 June 1, 2016 Page 3 Maximum Building Height Variances • the intent of the maximum building height of 9.0 metres is to minimize the visual impact of new buildings/development on the existing streetscape and ensure that new development is compatible with the surrounding residential neighbourhood • the applicant has requested a variance to increase the maximum height of the proposed dwellings to 9.6 metres • the existing height and built form along Rouge mount Drive varies from one-storey to two-storey residential dwellings • the requested increase in height will have minimal visual impact on the streetscape as the applicant is proposing a 16.0 metre front yard setback to the dwellings · • the proposed height of the dwelling will not alter the character of the neighbourhood or have a negative impact on the existing streetscape • the proposed dwellings are compatible with the surrounding residential 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. Date of report: May 25, 2016 Comments prepared by: Lalita Paray, MCIP, RPP Planner I LP:MM:Id /JvL tW{rikrr!L Melissa Markham, MCIP, RPP Principal Planner-Development Review J:\Documents\Development\D-3700\2016\PCA 29-16 & PCA 30-16\Report\PCA 29 & 30-16.docx Enclosures 1 1 12 WJ P nw~N~R~IVE~R~S~~~DR~IV~E -.....__ r-~~--,----r-n-S;:::.H;:E:,_:PP~ARD AVENUE 1----ST. MONICA'S SEPARATE SCHOOL City Development Department \ ~ I f-z :::> 0 :::;;: w I Cl :::> f--1 0 a:: \ ii:_l I =>I q, R 11r::1= <II u l Location Map FILE No:P/CA 29/16 to PICA 30/16 APPLICANT: C. Gallo & J. Ciancio PROPERTY DESCRIPTION: Part of Lot 31 and 32, Plan 228 (1473 Rougemount Drive) ate Soun::-: D' Teran.t Ent.rprt-• Inc:. and Ita euppllera. All r1v:ht. ~-·~· Not c -~'-~" of •urvey. ij 2013 MPAC and Ita •ucDI\era. All ric hb Ra.erved, Not a plan af Surv•Y· ll'>lt.VII::::WAN I IL \ ,\ I i\ f;~ \ 7 \ 'R. '\, " DATE: May. 6, 2016 SCALE 1 :5000 PN-1 0 16.9m · ~ 3 PICA 2916 to permit a minimum side yard width of 1.5 metres PICA 29116 to permit a maximum building height of 9.6 metres PICA 29116 to permit a minimum lot frontage of 16.9 metres ROUGEMOUNT DRIVE Submitted Plan FILE No: P/CA 29/16 &. PICA 30/16 APPLICANT: C. Gallo & J. Ciancio E -.:::1" <0 ....... ....... PICA 30116 to permit a minimum side yard width of 1.5 metres 1.5m PICA 30116 to permit a maximum building height of 9.6 metres PICA 30116 to permit a minimum lot frontage of 16.9 metres PROPERTY DESCRIPTION: Part of Lot 31 and 32, Plan 228 City Development Department (1473 Rougemount Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 18, 2016 13 E CD (j) PICA 29/16 to permit a maximum building height of 9.6 metres City Development · Department C:=J c::::::J DODD DODD D DO J:L..EVATION g Submitted Elevation 'Lot A' FILE No: P/CA 29/16 & P/CA 30/16 APPLICANT: C. Gallo & J. Ciancio PROPERTY DESCRIPTION: Part of Lot 31 and 32, Plan 228 (1473 Rougemount Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 18,2016 City Development Department I I II SIDE (WEST) ELEVATION SIDE (EAST) ELEVATION Submitted Elevation 'Lot A' FILE No: P/CA 29/16 & P/CA 30/16 APPLICANT: C. Gallo & J. Ciancio PROPERTY DESCRIPTION: Part of Lot 31 and 32, Plan 228 (1473 Rougemount Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. 15 DATE: May 18,2016 I ' ' ' ' ' ' ' --~~-----------' ' ' E <D 0'> PICA 30/16 to permit a maximum building height of 9.6 metres City Development Department / I ' \ "~\, FRONT (SOUTH) ELEVATION REAR (NORTH) ELEVATION Submitted Elevation 'Lot B' FILE No: P/CA 29/16 & PICA 30/16 APPLICANT: C. Gallo & J. Ciancio PROPERTY DESCRIPTION: Part of Lot 31 and 32, Plan 228 (1473 Rougemount Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 18,2016 City Development Department SIDE (WEST) ELEVATION SIDE (EAST) ELEVATION Submitted Elevation 'Lot 8' FILE No: P/CA 29/16 & P/CA 30/16 APPLICANT: C. Gallo & J. Ciancio PROPERTY DESCRIPTION: Part of Lot 31 and 32, Plan 228 (1473 Rougemount Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. 17 DATE: May 18, 2016 18 From: Subject: Applications Report to Committee of Adjustment Application Numbers: PICA 32116 & PICA 33116 Meeting Date: June 1, 2016 Melissa Markham, MCIP, RPP Principal Planner-Development Review Committee of Adjustment Applications PICA 32116 & PICA 33116 E. Ovide Holdings (Altona) Ltd. 296 & 298 Shadow Place The applicant requests relief from Zoning By-law 7394114 to permit a maximum lot coverage of 54 percent; whereas, the by-law permits a maximum lot coverage of 50 percent. The applicant requests approval of these minor variance applications in order to facilitate the development of two townhouse units. Recommendation (PICA 32/16 & PICA 33/16) The City Development Department considers a maximum lot coverage of 54 percent to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Officiaf Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed townhouse units, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by June 1, 2017, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas" within the Rouge Park Neighbourhood Zoning By-law 7394114-"MD-H9"-Multiple Dwelling Horizontal Report PICA 32116 & PICA 33116 June 1, 2016 Page 2 Appropriateness of the Applications Maximum Lot Coverage Variances • the intent of the maximum lot coverage provision is to ensure that the size, scale and massing of a dwelling is appropriate for the lot size and to ensure an adequate amount of outdoor amenity area remains uncovered by buildings on a lot • the by-law permits a maximum lot coverage of 50 percent • the applicant has requested a maximum lot coverage of 54 percent • the proposed dwellings will maintain· a sufficient amount of outdoor amenity area that will remain uncovered and unobstructed on each lot • the two townhouse units that require the increased lot coverage are within a townhouse block that will be constructed within the allowable building envelope • the two townhouse units will maintain all setback requirement of the "MD-H9" zone • staff are of the opinion that the requested variances to permit an increase in lot coverage will have minimal impacts on abutting property owners • the requested variances are minor in nature and maintain the intent of the zoning by-law Input From Other Sources Engineering & Public Works Date of report: May 25, 2016 Comments prepared by: ( '-· Amy Emm, MCIP, RPP Planner II AE:MM:Id • no objections to approval Melissa Markham, MCIP, RPP Principal Planner-Development Review J:\Documents\Oevelopment\0·3700\2016\PCA 32~16 & PCA 33~16\Report\PCA 32-16 to 33-16.doc Enclosures 19 Olfol ~ rft:Bc City Development Department Location Map FILE No: PICA 32116 & PICA 33116 APPLICANT: E. Ovide Holdings (Altona) Ltd. PROPERTY DESCRIPTION: Part of Block 13, Parts 3 and 4, Plan 40M-2557 (296 & 298 Shadow Place) DATE: May. 6, 2016 SCALE 1 :5000 PN-14 ---------------------------------------- PICA 32116 to permit a maximum lot coverage of 54 percen~ City Development Department 6.0m 6.0m PROPOSED 2 STOREY DWELLING PROPOSED 2 STOREY DWELLING SHADOW PLACE Submitted Plan FILE No: P/CA 32/16 & P/CA 33/16 APPLICANT: E. Ovide Holdings (Altona) Ltd. PICA 33116 to permit a maximum lot coverage of 54 percent PROPERTY DESCRIPTION: Part of Block 13, Parts 3 and 4, Plan 40M-2557 (296 & 298 Shadow Place) FULL SCALE COPIES OF THIS PlAN ARE AVAilABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Apr. 4, 2016 21 22 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 34/16 Meeting Date: June 1, 2016 Principal Planner-Development Review Committee of Adjustment Application PICA 34/16 1868988 Ontario Inc. 1234 Kingston Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 7200/12: • to permit a maximum gross floor area of 600 square metres; whereas the By-law permits a maximum gross floor area of 220 square metres • to permit a parking area to be setback 0.0 metres from all side lot lines; whereas the By-law requires parking to be setback 3.0 metres from all side lot lines • to permit the permitted uses to occur within a building with a minimum front yard setback of 2.0 metres and a maximum front yard setback of 4.0 metres, a minimum side yard setback of 1.5 metres, and a minimum rear yard setback of 50.0 metres; whereas the By-law permits the permitted uses to occur only within the building which existed at the time of the passing of By-law 7200/12 The applicant is requesting approval of this minor variance application in order to obtain Site Plan Approval for a two-storey building to be used for commercial purposes. Recommendation The City Development Department consider~ the requested variances to permit a maximum gross floor area of 600 square metres, to permit a parking area to be setback 0.0 metres from all side lot lines and to allow the permitted uses to occur within a building with a minimum front yard setback of 2.0 metres and a maximum front yard setback of 4.0 metres, a minimum side yard setback of 1.5 metres, and a minimum rear yard setback of 50.0 metres to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed construction of a two-storey commercial/medical office building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by June 1, 2017, or this decision shall become null and void. Report PICA 34/16 June1,2016 Comment Official Plan and Zoning By-law Pickering Official Plan -Mixed Use Areas-Mixed Corridors within the Liverpool Neighbourhood Page 2 Zoning By-law 3036, as amended by By-law 7200/12-"MU-20"-Mixed Use Zone Background Information In 2012, a Zoning By-law Amendment Application was approved for the subject property in order to permit limited commercial uses within an existing building. The subject property supported a 146 square metre detached dwelling which was intended to be converted into a commercial building with a 61 square metre partial second storey addition. In September 2015, the detached dwelling located on the subject lands was demolished. Appropriateness of the Application Location of Permitted Uses and Maximum Gross Floor Area Variances • the subject property is located within the Pine Creek flood plain • the intent of the zoning by-law in permitting uses to occur only within the building which existed at the time of the passing of the by-law, with a maximum gross floor area of 220 square metres, was to ensure compliance with the following Toronto and Region Conservation Authority (TRCA) requirements: • the building can increase its gross floor area by no more than 50 percent • no expansion to the existing footprint of the building • existing residential uses and other uses which are considered as high-risk could not be included as a permitted use on the subject property • development is restricted on lands designated as flood plain, however minor changes to existing structures may be considered, provided it is demonstrated that the existing building and parking area can be flood proofed in the event of a Regional flood and that the risk to property and loss of life is reduced • through discussions with City staff, the owner is proposing to locate a new commercial building closer to Kingston Road than the previous detached dwelling, and increase the gross floor area to include two functional storeys • the applicant is requesting to allow the permitted uses to occur within a new 600 square metre two-storey commercial building with a minimum front yard setback of 2.0 metres and a maximum front yard setback of 4.0 metres, a minimum side yard setback of 1.5 metres, and a minimum rear yard setback of 50.0 metres • the location of the proposed two-storey commercial building allows the building and parking to be elevated above the Regional Storm Flood level, to satisfy the TRCA 23 24 Report PICA 34/16 June1,2016 Page 3 • the location of the new building and increase in maximum gross floor area will not result in an increased flood risk as the proposed two-storey building has incorporated adequate flood proofing to satisfy TRCA requirements • the proposed two-storey building conforms to the Regional and Pickering Official ·Plans and addresses the objectives of the Urban Design Guidelines • the proposed two-storey building with a maximum gross floor area of 600 square metres is compatible with the surrounding neighbourhood and desirable for the appropriate development of the land Parking Area Setback Variance • the intent of the minimum 3.0 metre setback for parking areas is to maintain an appropriate buffer between parking areas and abutting properties • the applicant has requested to reduce the minimum parking area setback to 0.0 metres • the rear of the property, to the north of the proposed parking area, has been graded to provide flood plain storage as required by the TRCA • in order to accommodate the required parking, without encroaching into the flood plain storage located at the rear of the property, setbacks to the side property lines from the parking area have been reduced to 0.0 metres • the requested variance will not have any adverse impact on the privacy of abutting property owners as the property abuts an unopened road allowance, owned by the City, to the east and a 1.8 metre high wood fence will be constructed along west property line • the requested variance is minor in nature and maintains the intent of the zoning by-law Input From Other Sources Engineering & Public Works Date of report: May 25, 2016 Comments prepared by: Isabelle Janton Planner II-Site Planning IJ:MM:Id J:\Documents\Development\0~3700\2016\PCA 34-16\Report\PCA 34_16.doc Enclosures • no concerns m~[ }1/f/f;tkv\_ Melissa Markham, MCIP, RPP Principal Planner-Development Review City Development Department Location Map FILE No:P/CA34/16 APPLICANT: 1868988 Ontario Inc PROPERTY DESCRIPTION: Lot 17, Plan 489 (1234 Kingston Road) DATE: May. 10, 2016 SCALE 1 :5000 PN-12 25 26 to perm a p g area to be setback 0.0 metres from all side lot lines to allow the permitted uses to occur within a building with a minimum front yard setback of 2.0 metres and a maximum front yard setback of 4.0 metres, a minimum side yard setback of 1.5 metres, and a minimum rear yard setback of 50.0 metres ~ City Development Department Submitted Plan FILE No: PICA 34/16 APPLICANT: 1868988 Ontario Inc PROPERTY DESCRIPTION: Lot 17, Plan 489 to permit a maximum gross floor area of 600 square metres May 17,2016