HomeMy WebLinkAboutAugust 24, 2016
pickering.ca
Committee of Adjustment
Agenda
Meeting Number: 10
Date: Wednesday, August 24, 2016
For information related to accessibility requirements please contact:
Lesley Dunne
T. 905.420.4660, extension 2024
Email ldunne@pickering.ca
Agenda
Committee of Adjustment Wednesday, August 24, 2016 7:00 pm Main Committee Room
Page Number
(I) Adoption of Agenda
(II) Adoption of Minutes from August 3, 2016 1-9
(III) Reports
1. (Deferred at the August 3, 2016 meeting)
P/CA 36/16
R. David
435 Foxwood Trail
10-14
2. P/CA 45/16
OPB Realty Inc.
1809 Liverpool Road
15-21
3. P/CA 47/16
G. & K. Dennis
1738 Greenvale Crescent
22-26
4. P/CA 48/16 & P/CA 49/16
A. & G. Snyders
1885 Appleview Road
27-31
(IV) Adjournment
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Pending Adoption
Present
Tom Copeland-Vice-Chair
David Johnson -Chair
Eric Newton
Denise Rundle
Also Present
Melissa Markham, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Absent
Sean Wiley
(I) Adoption of Agenda
Moved by Eric Newton
Seconded by Tom Copeland
Committee of Adjustment
Meeting Minutes
VVednesday,August3,2016
7:00pm
Main Committee Room
That the agenda for the Wednesday, August 3, 2016 meeting be adopted.
(II) Adoption of Minutes
Moved by Eric Newton
Seconded by Denise Rundle .
Carried Unanimously
That the minutes of the 8th meeting of the Committee of Adjustment held
Wednesday, July 13, 2016 be adopted.
Carried Unanimously
Page 1 of 9
1
2
(Ill) Reports
1. (Tabled at the April 20, 2016 meeting)
PICA 15116
A. Sparks
1885 Spruce Hill Road
Moved by Tom Copeland
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes
VVednesday,August3,2016
7:00pm
Main Committee Room
That application PICA 15116 by A. Sparks be lifted from the table.
Carried Unanimously
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum north side yard width of 1.2 metres and a maximum lot coverage of
38 percent; whereas the by-law permits 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-storey detached dwelling on the
proposed severed parcel (fronting Grayabbey Court) through Land Division
application LD 029116. ·
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 objections to the proposed development. Written comments were
also received from Deborah & .Jamie Holbrook of 1809 Grayabbey Court in
objection to the application.
Written correspondence received from Deborah & Jamie Holbrook. stated that,
. with the large lot frontage, 2 large homes can be accommodated without any
vari?nces being granted; side yard setbacks between the subject properties and
the increase in lot coverage are not necessary and is not in keeping with the
current neighbourhood design and could potentially impact property values on
Grayabbey Court. Deborah & Jamie Holbrook also expressed a concern with the
first floor drawings that include guest bedrooms that could potentially be used a
multiple family dwelling.
Page 2 of 9
Committee of Adjustment
Meeting Minutes
Wednesday, August 3, 2016
7:00pm
Main Committee Room
Amanda Lazaridis, agent, was present to represent the application. Michael
Mahoney of 1813 Grayabby Court and James Dutkiewicz of 1811 Grayabbey
Court were present in objection to the application.
Amanda Lazaridis stated that conceptual site plans were prepared and submitted
to the City and concerned residents that were in attendance at the last meeting.
Michael Mahoney expressed a concern with the conceptual plans that where
provided by the agent prior to the meeting and feels there will be changes during
the building process and questioned the architectural control of the proposed
dwellings.
In response to concerns from residents, Amanda Lazaridis stated there is no
intent to build modern dwellings. The dwellings are intended to be in keeping
with the character of the surrounding neighbourhood.
The Secretary-Treasurer explained that these applications will not be heard by
the Site Plan Committee, only Building Permits will be required.
James Dutkiewicz questioned why minor variances are considered on properties
where standards have been set and feels these are not minor variances.
Moved by Tom Copeland
Seconded by Eric Newton
That application PICA 15/16 by A. Sparks, be Approved on the grounds that the
minimum north side yard width of 1.2 metres and a maximum lot coverage of
38 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 final clearance for Land Division Application
LD 029/16 by May 29, 2017 or this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction by.
August 3, 2017, or this decision shall become null and void.
Carried Unanimously
Page 3 of 9
3
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1 4
2. (Tabled at the April 20, 2016 meeting)
PICA 16116
S. & H. Sparks
1891 Spruce Hill Road
Moved by Eric Newton
Seconded by Tom Copeland
Committee of Adjustment
Meeting Minutes
VVednesday,August3,2016
7:00pm
Main Committee Room
That application PICA 16116 by S. & H. Sparks be lifted from the table.
Carried Unanimously
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum south side yard width of 1.2 metres and a maximum lot coverage of
38 percent; whereas the by-law permits 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-storey detached dwelling on the
proposed severed parcel (fronting Grayabbey Court) through Land Division
application LD 030116.
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 objections to the proposed development. Written comments were
also received from Deborah & Jamie Holbrook of 1809 Grayabbey Court in
objection to the application.
Written correspondence received from Deborah & Jamie Holbrook stated that,
with the large lot frontage, 2 large homes can be accommodated without any
variances being granted; side yard setbacks between the subject properties and
the increase in lot coverage are not necessary and is not in keeping with the
current neighbourhood design and could potentially impact property values on
Grayabbey Court. Deborah & Jamie Holbrook also expressed a concern with the
first floor drawings that include guest bedrooms that could potentially be used a
multiple family dwelling.
Amanda Lazaridis, agent, was present to represent the application. Michael
Mahoney of 1813 Grayabby Court and James Dutkiewicz of 1811 Grayabbey
Court were present in objection to the applications.
Page 4 of 9
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Committee of Adjustment
Meeting Minutes
VVednesday,August3,2016
7:00pm
Main Committee Room
Amanda Lazaridis stated that conceptual site plans were prepared and submitted
to the City and concerned residents that were in attendance at the last meeting.
Michael Mahoney expressed a concern with the conceptual plans that where
provided by the agent prior to the meeting and feels there will be Changes during
the building process and questioned the architectural control of the proposed
dwellings.
In response to concerns from residents, Amanda Lazaridis stated there is no
intent to build modern dwellings. The dwellings are intended to be in keeping
with the character of the surrounding neighbourhood.
The Secretary-Treasurer explained that these applications will not be heard by
the Site Plan Committee, only Building Permits will be required.
James Dutkiewicz questioned why minor variances are considered on properties
where standards have been set and feels these are not minor variances.
Moved by Eric Newton
Seconded by Tom Copeland
That application PICA 16/16 by S. & H. Sparks, be Approved on the grounds
that the minimum south side yard width of 1.2 metres and a maximum lot
coverage of 38 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 final clearance for Land Division Application
LD 030/16 by May 29,2017, or this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction by
August 3, 2017, or this decision shall become null and void.
Carried Unanimously
Page 5 of 9
5
6
3. (Deferred at the July 13, 2016 meeting)
PICA 36/16
R. David
435 Foxwood Trial
Committee of Adjustment
Meeting Minutes
Wednesday, August 3, 2016
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036, as amended by By-law
6987/09, to recognize:
o an existing accessory structure (Shed A) with height of 2.5 metres, setback
0.4 of a metre from the south lot line and 0.3 of a metre from the west lot line;
whereas the by-law requires accessory structures, greater than 1.8 metres in
height to be setback a minimum of 1.0 metre from all lot lines
o an existing accessory structure (Shed B) with height of 2.5 metres, setback
0.4 of a metre from the south and east lot line; whereas the by-law requires
accessory structures, greater than 1.8 metres in height to be setback a
minimum of 1.0 metre from all lot lines
The applicant requests approval of these variances in order to recognize the
location of two existing accessory structures (sheds) in the rear yard.
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending refusal.
The applicant/agent was not in attendance. No further representation was
present in favour of or in objection to the application.
Moved by Denise Rundle
Seconded by· Eric Newton
That application PICA 36/16 by R. David, be Deferred to the next meeting to
allow the applicant to be present to answer questions from Committee Members.
Carried Unanimously
Page 6 of 9
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4. PICA 43/16
Chaldishur Investments Inc.
1144 Kingston Road
Committee of Adjustment
Meeting Minutes
VVednesday,August3,2016
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 3036, as amended by By-law
7432/15 to permit a parking area to be setback 0.0 metres from side lot lines,
whereas the by-law requires parking areas to be setback a minimum of
1 .5 metres from side lot lines.
The applicant requests approval of this variance in order to obtain site plan
approval for a two-storey medical/commercial building.
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 comments on the application.
Adrian Litavski, agent, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Adrian Litavski provided an overview of the application. He stated that the
zoning by-law for the proposed development was approved in 2015. He stated
that the proposed development has not changed from the original concept,
however the setback to parking areas was included in the zoning by-law in error.
He explained thatthe location of the proposed development only allows for a
right-in entrance along Kingston Road, all traffic exiting the site will be through an
access easement across the property to the east, to Walnut Lane. This access
easement to the rear of the property has no setback from property lines, and
therefore a variance, from the approved site specific zoning by-law, is required.
Moved by Tom Copeland
Seconded by Eric Newton
That application PICA 43/16 by Chaldishur Investments Inc., be Approved on
the grounds that the parking area to be setback 0.0 metres from the side lot lines,
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 medical/commercial
building and parking areas, as generally sited and outlined on the applicant's
submitted plans.
Page 7 of 9
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7
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Committee of Adjustment
Meeting Minutes
VVednesday,August3,2016
7:00pm
Main Committee Room
2. That the applicant obtain Site Plan Approval for the proposed development by
August 3, 2018, or this decision shall become null and void.
5. PICA 44116
S. Stavrev & E. Cooney
1430 Rosebank Road
Carried Unanimously
The applicant requests relief from Zoning By-law 3036, to permit a minimum
north side yard setback of 0.7 metres to an unenclosed covered carport, whereas
the by-law requires a minimum side yard setback of 1.5 metres.
The applicant requests approval of this variance in order to obtain a building
permit to construct an unenclosed covered carport.
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 comments on the application.
Steve Stavrev, owner, was present to represent the application. No further
representation was present in favour of or in objection to the application.
Steve Stavrev stated that the purpose of the application is to replace an existing
unenclosed covered carport.
Moved by Denise Rundle
Seconded by Tom Copeland
That application PICA 44116 by S. Stavrev & E. Cooney, be Approved on the
grounds that the minimum north side yard setback of 0.7 metres to an
unenclosed covered carport, 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 applies only to the unenclosed covered carport, as
generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
August 3, 2017, or this decision shall become null and void.
Carried Unanimously
Page 8 of 9
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(IV) Adjournment
Moved by Eric Newton
Seconded by Denise Rundle
Committee of Adjustment
Meeting Minutes
Wednesday, August 3, 2016
7:00pm
Main Committee Room
That the 9th meeting of the 2016 Committee of Adjustment be adjourned at
7:41 pm and the next meeting of the Committee of Adjustment be held on
VVednesday,August24, 2016.
Carried Unanimously
Date
Chair
Assistant Secretc;~ry-Treasurer
Page 9 of 9
9
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 36116
Meeting Date: July 13, 2016
Principal Planner-Development Review
Committee of Adjustment Application PICA 36116
R. David
435 Foxwood Trail
The applicant requests relief from Zoning By-law 3036, as amended by By-law 6987109, to
recognize:
o an existing accessory structure (Shed A) with height of 2.5 metres, setback 0.4 of a metre ·
from the south lot line and 0.3 of a metre from the west lot line; whereas the by-law requires
accessory structures, greater than 1.8 metres in height to be setback a minimum of
1.0 metre from all lot lines
o an existing accessory structure (Shed B) with height of 2.5 metres, setback 0.4 of a metre
from the south and east lot line; whereas the by-law requires accessory structures, greater ·
than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines
The applicant requests approval of these variances in order to recognize the location of two
existing accessory structures (sheds) in the rear yard.
Background
The Notice of Public Hearing, which was sent to residents within 60 metres of the subject site
on June 28, 2016, stated that accessory structures (sheds) are required to be setback a
minimum of 0.6 of a metre from all lot lines. However, the existing accessory structures ·
(sheds) are 2.5 metres in height, and therefore the By-law requires all accessory structures
greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines.
Recommendation
The City Development Department considers an existing accessory structure (Shed A) with a
height of 2.5 metres, setback 0.4 of a metre from the south lot line and 0.3 of a metre from the
west lot line, and an existing accessory structure (Shed B) with a height of 2.5 metres, setback
0.4 of a metre from the south and east lot line, to be major variances, that are not considered
to be desirable for the appropriate development of the land, and not in keeping with the
general intent and purpose of the Zoning By-law, and therefore recommends Refusal of the
proposed variances.
Report PICA 36/16 July 13, 2016 11
Page 2
or
If the applicant were to request that the application be amended to permit accessory structures
with a maximum height of 2.5 metres to be setback 0.6 of a metre to all lot lines the following
recommendation would apply:
The City Development Department considers an existing accessory structure (Shed A) with a
height of 2.5 metres, setback 0.6 of a metre from the south and west lot line, and an existing
accessory structure (Shed B) with a height of 2.5 metres, setback 0.6 of a metre from the
south and east lot line, to be minor in nature, desirable for the appropriate development of the
land; and in ke·eping 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 condition:
1. That the applicant obtain zoning compliance through the relocation of the shed by
September 13, 2016.
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject property as Urban Residential -Low
Density Areas. ·
Zoning By-law 3036, as amended by By-law 6987/09-"S-SD-4"-Single Residential Semi
Detached
Appropriateness of the Application
Reduction of the Minimum Setback Requirement for Accessory Structures
• the intent of the minimum 1.0 metre setback requirement for accessory structures,
· greater than 1.8 metres in height, is to ensure that adequate space is available for
maintenance, that the eaves/overhangs .do not encroach on adjacent properties, that roof
drainage stays on the subject property, and that the visual impact on adjacent prope~ies
is minimized
• the owner is requesting to allow for an existing accessory structure.(Shed A) setback
0.4 of a metre from the south lot line and 0.3 of a metre from the west lot line, and an
existing accessory structure (Shed B) setback 0.4 of a metre from the south and east lot
line
• the existing pool was constructed in 2014 and Shed A and B were both completed in the
Spring of2016
• following the construction of the sheds an adjacent landowner expressed concern to the
City's By-law Enforcement Division regarding the height of the existing sheds
• a By-law Officer conducted a site visit and determined that the two sheds met the City's
height requirement for accessory structures, however, noted that the sheds did not
maintain the appropriate setbacks to the lot lines and had advised the owner that the
sheds must be brought into compliance with the Zoning By-law
• the current location of the sheds does not appear to provide for adequate space to
maintain the accessory structures
1 2Report_ PICA 36/16 July'13, 2016
Page 3
o . the existing setbacks and eaves/overhangs do not ensure that roof drainage stays on
the subject property
o the existing height of the accessory structures has a visual impact on the adjacent
property which coulq be minimized by increasing the setbacks.
o staff is of the opinion that a minimum 0~6 metre setback from all property lines would
ensure adequate space is available for maintenance and that eaves/overhangs would
not encroach on adjacent properties _
o there is an existing wood privacy fence that has been erected along the perimeter of the
rear and side yards, which minimizes the visual impact on adjacent property owners
o staff is of the opinion that the requested variances are not minor in nature, do not meet
the intent of the Zoning By-law, and are not desirable for the appropriate development
of the land
Input From Other Sources
Engineering & Public Works
Department
M. Rezvannia
1580 Autumn Crescent
J. & C. Ferrari
433 Foxwood Trail
S. & E. Facchini
437 Foxwood Trail
Date of report: July 7, 2016
Comments prepared by:
Amy Emm, MCIP, RPP
Planner II
AE:MM:Id
J:\Documenls\Development\D-3700\2016\PCA 36-16\Report\PCA 36_16.doc
Attachments .
o staff have concern with the requested variance
o engineering standards state that a minimum 0.6 of a
metre from the property line is to remain
undisturbed to allow for proper drainage of rainwater
o no objection to location of the two sheds
o no objection to the location and dimensions of the
two·sheds
o no objection to the location and dimen$ions of the
two sheds
Melissa Markham, MCIP, RPP
· Principal Planner-Development Review
·~
City Development
Department
Location Map
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FILE No: P/CA 36/t6
APPLICANT: R. David .
HIGHBUSH
PUBLIC SCHO
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PROPERTY DESCRIPTION: Part of Lot 3, Plan 505 and Part Block 166,
Plan 40M-181 0, Part 2 and 9, 40R-25976 (435 Foxwood Trail) DATE: June10,2016
SCALE 1 :5000 PN-11
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Department Plan 40M-1810, Part 2 and 9,40R~25976 (435 Foxwood Trail)
FULL scALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING . j DATE: June 24,2016 CITY DEVELOPMENT DEPARTMENT. .
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PJCKERJNG
From: Melissa Markham, MCIP, RPP
15 Report to
Committee of Adjustment
Application Number: PICA 45116
Date: August 24, 2016
Principal Planner-Development Review
Subject:
Application
Committee of Adjustment Application PICA 45116
OPB Realty Inc.
1809 Liverpool Road
The applicant requests relief from Zoning By-law 3036, as amended by By-law 5994102 to
permit a minimum building setback of 3.0 metres from Liverpool Road, whereas the by-law
requires a minimum building setback of 9.0 metres.
The applicant requests approval of this application in order to obtain Site Plan Approval and a
building permit to construct a free standing commercial building for a restaurant use.
Recommendation
The City Development Department considers a minimum building setback of 3.0 metres from
Liverpool Road, to be minor in nature, desirable for the appropriate development of the land,
and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law,
and therefore recommends Approval of the proposed variance, subject to the following
conditions:
1. That this variance apply only to the proposed building, as generally sited and outlined on
the applicant's submitted plans.
2. That the applicant obtain Site Plan Approval for the proposed building by August24, 2017,
or this decision shall become null and void.
3. That the applicant obtain a building permit for the proposed construction by August 24, 2018,
or this decision shall become null and void.
Background
The Notice of Public Hearing included an additional variance to permit a structure (patio) to be
erected a minimum of 17.5 metre to the centre line of Liverpool Road, whereas the by-law
states that no building or structure shall be erected closer than 19.5 metres to the centre line of
Liverpool Road. After further review, staff have determined that this variance is not required
for the proposed development and has therefore been removed from the application.
1 6 Report PICA 45116 August24,2016
Page 2
On March 20, 2013, the Committee of Adjustment conditionally approved a previous Minor
Variance application (PICA 17113) for the subject lands to permit a minimum building setback
of3.0 metres to Liverpool Road. The application became null and void on March 20, 2015
since the conditions of approval were not completed. ·
Comment
Official Plan and Zoning By-law
The Pickering Official Plan designates the subject property as "Mixed Use Areas -City Centre"
within the City Centre Neighbourhood.
Zoning By-law 3036, as amended by By-law 5994/02-"MCA"-Main Central Area, permits a
wide range of commercial and retail uses.
Appropriateness of the Application
Building Setback from Liverpool Road Variance
• the use of building setbacks within the implementing Zoning By-law is intended to
provide an appropriate and functional setback for development of the subject lands and
to ensure future buildings do not conflict with surrounding land uses
• the by-law requires all buildings to be setback a minimum of 9.0 metres from
Liverpool Road
• the applicant is requesting a minimum 3.0 metre building setback from Liverpool Road
to allow for the construction of a 960 square metre restaurant use
• · the proposed building setback will provide an appropriate and functional building
setback for the development of the subject lands
• the application is in keeping with the Official Plan by locating the building closer to the
street to create a direct and accessible relationship between the sidewalk and the
building, and encourage pedestrian activity
• there will be minimal adverse impacts on surrounding lands as other restaurant and
commercial buildings have been approved to have reduced setbacks along Liverpool
Road (Moxies Restaurant), Pickering Parkway (Beer Store), and Kingston Road
(Jack Astor's Restaurant)
• an adequate buffer space between the proposed building and the street will be
maintained
• the proposed development will provide for additional commercial development in the
City Centre
• the requested variance is minor in nature, desirable for the appropriate development of ·
the land and maintain the intent of the Pickering Official Plan and zoning by-law
Report PICA 45/16
Input From Other Sources
Engineering & Public Works Department
Region of Durham (Public Works
Department)
Date of report: August 18, 2016
Comments prepared by:
August24,2016 17
Page 3
• no comments on the application
• no objection to the variance application
Lalita Paray, MCIP, RPP
Planner I
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
LP:MM:so
J:\Documents\DeveJopment\D-3700\2016\PCA 45-16\Report\PCA 45-16.docx
Attachments
18
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P1CKER1NG
City Development
Department
Location Map
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FILE No: PICA 45/16
~sUBJECT
PROPERTY
APPLICANT: OPB Realty Inc.
PROPERTY DESCRIPTION: Part of Lot 22. Concession 1 s. Plan 816
(1809 Liverpool Road) DATE: July 15, 2016
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From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 47116
Date: August 24, 2016
Principal Planner-Development Review
Committee of Adjustment Application PICA 47116
G. & K. Dennis
1738 Greenvale Crescent
The applicant requests relief from Zoning By-law 3036, as amended by By-law 1837184 & 1964185
to permit a rear yard depth of 5.8 metres, whereas the by-law requires a minimum rear yard
depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain a building permit to construct
a one-storey ad_dition in the rear yard.
Recommendation
The City Development Department considers a minimum rear yard depth of 5.8 metres, to be
minor in nature, desirable for the appropriate development of the land, and in keeping with the
general intent and purpose of the Official Plan and the Zoning By-law, and therefore
recommends Approval of the proposed variance, subject to the following conditions:
1. That this variance applies only to the proposed one-storey addition, as generally sited and
outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by August 24, 2017,
or this decision shall become null and void.
3. That the applicant obtain zoning compliance for the existing shed, as generally sited and
outlined on the applicant's submitted plans by February 24, 2017.
Additional Information
During the review of the minor variance application, staff identified an existing shed in the rear
yard which does not comply with the minimum setback requirements of the zoning by-law. The
owner has agreed to move the existing shed 1.0 metre from all lot lines, to comply with the
zoning by-law.
Report P /CA 4 7/16
Comment
Official Plan and Zoning By-law
August 24, 2016 23
Page 2
Pickering Official Plan -"Urban Residential -Low Density Areas" within the Amberlea
Neighbourhood.
Zoning By-law 3036, as amended by By-law 1837/34 & 1964/85-"S1"-Single Residential
Zone.
Appropriateness of the Application
Reduction in Required Rear Yard Setback Variance
• the intent of the minimum rear yard setback is to ensure adequate amenity space is
provided within the rear yard, appropriate setbacks are provided to protect the privacy of
abutting property owners and allow appropriate access for maintenance, lot grading and
drainage
• the by-law requires a minimum rear yard depth of 7.5 metres
• the applicant has requested a minimum rear yard depth of 5.8 metres to accommodate
a proposed one-storey addition
• the proposed development will maintain an appropriate amount of useable amenity
space left uncovered by buildings in the rear yard
• the proposed variance will have minimal impact on the privacy of abutting property
owners as the addition is one storey in height and will maintain existing side yard
setbacks
• the requested variance is minor in nature, desirable for the appropriate development of
the land and maintains the purpose and intent of the Official Plan and Zoning By-law
Input From Other Sources
Engineering & Public Works Department • no comments on the application
Date of report: August 17,2016
Comments prepared by:
Jt//1 .!JY/JdkrYL
Melissa Markham, MCIP, RPP
. Principal Planner-Development Review
CM:MM:so
J:\Documents\Development\D-3700\2016\PCA 47-16\Report\PCA 47-16.docx
Attachments
24
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APPLICANT: G. & K. Dennis
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DATE: August 2, 2016
From:
Subject:
Applications
Melissa Markham, MCIP, RPP
Report to 27
Committee of Adjustment
Application Numbers: PICA 48116 & PICA 49116
Date: August 24, 2016
Principal Planner-Development Review
Committee of Adjustment Applications PICA 48116 & PICA 49116
A. & G. Snyders
1885 Appleview Road
The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot
fro~tage of 15.2 metres and a minimum side yard width of 1.5 metres; whereas the by-law
requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 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 to permit the construction
of a detached dwelling on both the retained and severed parcels.
Recommendation (PICA 48116 & PICA 49116)
The City Development Department considers a minimum lot frontage of 15.2 metres and a
minimum side yard width of 1.5 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 on the applicant's submitted plans.
2. That the applicant obtains final clearance for a future land severance by February 24, 2018,
or this decision shall become null and void
3. That the applicant obtain building permits for the proposed construction by August 24, 2018,
or this decision affecting the reduced side yard widths shall become null and void.
28 Report PICA 48116 & PICA 49116
Comment
Official Plan and Zoning By-law
August24,2016
Page 2
Pickering Official Plan -"Urban Residential -Low Density Areas" within the Dunbarton
Neighbourhood.
Zoning By-law 3036, as amended by By-law 2423/87 -"R3"-Residential Third Density and
"S2" -Single Detached Residential.
Appropriateness of the Applications
Reduced Lot Frontage and Side Yard Width Variances
• the intent of a minimum lot frontage requirement is to ensure a usable lot size that is
compatible with the surrounding neighbourhood
• . 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 by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard
width of 1.8 metres, however the Dunbarton Neighbourhood Development Guidelines
permits a mi11imum lot frontage of 15.0 metres on existing roads
• the applicant is proposing to sever the subject lands and create two lots, fronting
Appleview Road, having a minimum lot frontage of 15.2 metres and a minimum side
yard width of 1 .5 metres
• the existing lot pattern surrounding the subject lands consist of minimum lot frontages of
15.0 metres and reduced side yard widths of 1.5 metres
• the requested variance to reduce the minimum lot frontage and side yard width will
create lots that are appropriately sized and will allow for the construction of two
detached dwellings that are compatible and in keeping with the character of the
established neighbourhood
• the requested variances are minor in nature and maintain the intent and purpose of the
Official Plan, the Dunbarton Neighbourhood Development Guidelines and the Zoning
By-law
Report PICA 48116 & PICA 49116 August24,2016 29
Input From Other Sources
Engineering & Public Works Department • no comments on the application
Date of report: August 17, 2016
Comments prepared by:
Amy Emm, MCIP, RPP
·Planner II
AE:MM:so
1/!Y[_. rn/(~
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
J:\Documents\Development\0~3700\2016\.PCA 48-16 & PCA 49-16\Report\PCA 48-16 & PCA 49-16.docx
Attachments
Page 3
30
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Fl LE No: P /CA 48/16 and P /CA 49/16
APPLICANT: A. & G. Snyders
PROPERTY DESCRIPTION: RCP Part Lot 4, Plan 1051 ,Part 3 Plan 40R-13746
(1885 Appleview Road) DATE: July 25, 2016
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-~ QO 1 DATE: August 3, 201.S.