Loading...
HomeMy WebLinkAboutDecember 6, 2017City �L DICKERING Committee of Adjustment Agenda Meeting Number: 16 Date: Wednesday, December 6, 2017 pickering.ca Cts 4 DICKERING Agenda Committee of Adjustment Wednesday, December 6, 2017 7:00 pm Main Committee Room Page Number (I) Adoption of Agenda (II) Adoption of Minutes from November 15, 2017 1-9 (III) Reports 1. (Deferred November 15, 2017) 10-15 P/CA 105/17 Pickering Holdings Inc. 775 Kingston Road (IV) Other Business 1. Appointment of Chairperson 2. Appointment of Vice Chairperson (V) Adjournment For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email Idunne@pickering.ca c44 DICKERING Committee of Adjustment Meeting Minutes Wednesday, November 15, 2017 7:04 pm Main Committee Room Pending Adoption Present Tom Copeland — Vice -Chair David Johnson — Chair Eric Newton Sean Wiley Also Present Deborah Wylie, Secretary -Treasurer Lesley Dunne, Assistant Secretary -Treasurer Absent Denise Rundle (1) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the agenda for the Wednesday, November 15, 2017 meeting be adopted. Carried Unanimously (I1) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 14th meeting of the Committee of Adjustment held Wednesday, October 25, 2017 be adopted. Carried Unanimously Page 1 of 9 2 cd, DICKERING Committee of Adjustment Meeting Minutes Wednesday, November 15, 2017 7:04 pm Main Committee Room (III) Reports 1. - P/CA 99/17 & P/CA 100/17 Louisville Homes Ltd. 887 & 891 Wingarden Crescent P/CA 99/17 (887 Wingarden Crescent) The applicant requests relief from Zoning By-law 3036, as amended: • to permit a minimum lot frontage of 12.4 metres; whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum side yard width of 1.2 metres and 0.6 of a metre; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling • to permit a maximum lot coverage of 40 percent; whereas the by-law requires a maximum lot coverage of 33 percent P/CA 100/17 (891 Wingarden Crescent) The applicant requests relief from Zoning By-law 3036, as amended: • to permit a minimum side yard width of 1.2 metres and 0.6 of a metre; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling • to permit a maximum lot coverage of 40 percent; whereas the by-law requires a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain building permits for the construction of two detached dwellings. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to. conditions for P/CA 99/17 and recommending P/CA 100/17 be tabled. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Amanda Lazaridis, applicant, was present to represent the applications. No further representation was present in favour of or in objection to the applications. In response to a question from a Committee Member, Amanda Lazaridis stated the south side yard for 891 Wingarden Crescent will be 1.2 metres. Page 2 of 9 DICKERING c44 Committee of Adjustment Meeting Minutes Wednesday, November 15, 2017 7:04 pm Main Committee Room Moved by Sean Wiley Seconded by Eric Newton That application P/CA 99/17 by Louisville Homes Ltd., be Approved on the grounds that the requested variances 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 the variances 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 dwelling by November 15, 2019 or this decision shall become null and void'. Carried Unanimously Moved by Sean Wiley Seconded by Eric Newton That application P/CA 100/17 for 891 Wingarden Crescent by Louisville Homes Ltd., be Tabled to allow for further discussion between the City and the applicant, and the submission of a revised detailed plan and revised variances. Carried Unanimously P/CA 101/17 J. Solomon 648 Sunbird Trail The applicant requests relief from Zoning By-law 3036, as amended by By-law 6176/03: • to permit a lot without one private garage, whereas the by-law requires that a minimum of one private garage shall be provided per lot • to permit a total of two parking spaces on the property where the accessory dwelling unit is located, whereas the by-law requires a total of three parking spaces to be provided on a lot where an accessory dwelling unit is located The applicant requests approval of these variances in order to obtain a building permit for an interior stairway to the basement and an accessory dwelling unit. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval for a lot without one private garage subject to conditions and recommending refusal to permit a total of two parking spaces where the accessory dwelling unit is located. Written comments were received from the City's Engineering Services Department expressing no comments on the.application. Page 3 of 9 3 c4001 DICKERING Committee of Adjustment Meeting Minutes Wednesday, November 15, 2017 7:04 pm Main Committee Room Written comments were also received from the residents of 646 Sunbird Trail expressing several concerns with the existing driveway does not provide enough space within the front yard for maintenance, including snow shoveling and leaf removal. Residents also expressed a concern with the absence of a garage will worsen the parking problem that currently exists on the property and will result in Tess space in the front yard for yard maintenance. Qiyang Ai, agent, and Johnathan Solomon, applicant, were present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Qiyang Ai stated the stairway was built by the previous owners and was not able to confirm if it was built by a contractor. Qiyang Ai was not able to confirm if the driveway has been expanded. He also stated the applicant would like to have an accessory dwelling unit. In response to a question from a Committee Member, the Secretary -Treasurer explained the minimum parking spaces required for an accessory dwelling unit is three spaces. Moved by Tom Copeland Seconded by Eric Newton That application P/CA 101/17 by J. Solomon, be Approved on the grounds that a lot without a private garage 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 apply only to the proposed stairway located within the existing garage, as generally. sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the interior stairway construction by November 9, 2019, or this decision shall become null and void. and That application P/CA 101/17 by J. Solomon, be Refused on the grounds that a property with a total of two parking spaces where an accessory dwelling unit is located, is a major variance, that is 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. Carried Unanimously Page 4 of 9 DICKERING ozre Committee of Adjustment Meeting Minutes Wednesday, November 15, 2017 7:04 pm Main Committee Room 3. P/CA 103/17 AMJ Canada Inc. 3505 Salem Road The applicant requests relief from Zoning By-law 3037, as amended by By-law 6577/05 to permit an accessory building (shed) to be erected in the front yard, whereas the by-law requires all accessory buildings which are not part of the main building shall be erected in the rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct an accessory building (shed) in the front 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 Services Department expressing no comments on the application. Written comments were also received from the City's Fire Services Department indicating the proposed water shed is designed to provide adequate water for firefighting purposes as required by the Ontario Building Code (OBC). Fire Services noted that there are other options for providing water, and the proposed design was not initiated or directed by the Fire Services and the proposal has not been formally reviewed through the permit revision. Fire Services noted that at a schematic level the proposal appears to meet the OBC requirements and would be a serviceable and easily maintained water supply. Fire Services also noted the shed would provide a secured housing with above ground connection point for easy access and would provide a means of tempering the water supply in the winter. Amatul Basit, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Amatul Basit explained there are no municipal water services available to the subject property and onsite water supply is required for firefighting purposes. Amatul Basit also explained the Ontario Building Code and Fire Codes require that a fire connection needs to be near an existing fire route and be within 90 metres from the front of the building. Amatul Basit also stated it is not feasible to have the water tank in the rear yard as the water pressure is lower. In response to questions from Committee Members, Amatul Basit stated the exterior of the shed will be siding and that it will not be visible from Salem Road as it is property line is heavily treed. Page 5 of 9 6 C144 DICKERING Committee of Adjustment Meeting Minutes Wednesday, November 15, 2017 7:04 pm Main Committee Room Moved by Tom Copeland Seconded by Eric Newton That application P/CA 103/17 by AMJ Canada Inc., be Approved on the grounds that the requested variance 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 shed, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by November 15, 2019, or this decision shall become null and void: Carried Unanimously 4. P/CA 104/17 C. Mathura & L. Thanabalasingam 1723 Dunchurch Street The applicant requests relief from Zoning By-law 3036, as amended by By-law 6992/09 to permit an accessory building (detached garage) with a maximum height of 4.5 metres in a residential zone; whereas the by-law requires that no accessory building shall exceed a height of 3.5 metres in any residential zone. The applicant requests approval of this variance 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 also received from the City's Engineering Services Department expressing no comments on the application. Lacksmanan Thanabalasingam, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Lacksmanan Thanabalasingam stated the existing garage is to be demolished and the increase in height is to provide extra storage. Page 6 of 9 01,4 PICKERING Committee of Adjustment 7 Meeting Minutes Wednesday, November 15, 2017 7:04 pm Main Committee Room Moved by Sean Wiley Seconded by Eric Newton That application P/CA 104/17 by C. Mathura & L. Thanabalasingam, be Approved on the grounds that the requested variance 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 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 November 15, 2019, or this decision shall become null and void. Carried Unanimously 5. P/CA 105/17 Pickering Holdings Inc. 775 Kingston Road Moved by Tom Copeland Seconded by Eric Newton To dispense reading of the application. Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 6690/06: • to permit a building to be erected on a lot where 0 percent of the entire length of the build -to -zone on the lot is occupied by a continuous portion of the exterior wall of the building or building(s), whereas the by-law requires that no building or portion of a building or structure shall be erected on a lot, unless 40 percent of the entire length of the build -to -zone on the lot is occupied by a continuous portion of the exterior wall of the building or buildings • to permit no more than two rows of parking or display of vehicles between buildings and Kingston Road, whereas the by-law permits no more than one row of parking or display of vehicles shall be permitted between buildings and Kingston Road • to permit outdoor storage or display of vehicles outside the building envelope, whereas the by-law requires any permitted outdoor storage or display to be provided within the building envelope Page 7 of 9 8 /;}„00 PICKERING Committee of Adjustment Meeting Minutes Wednesday, November 15, 2017 7:04 pm Main Committee Room • to permit the outdoor display of vehicles to be setback a minimum of 0.8 of a metre from the abutting lands owned by the Ministry of Transportation for Highway 401 and the Kingston Road/Highway 401 Ramp. Terminal Intersection, whereas the by-law requires all required parking, permitted outdoor display, above or below ground structures, stormwater management ponds, utility easement or emergency access routes shall be setback minimum of 14.0 metres from the abutting lands owned by the Ministry of Transportation for Highway 401 and the Kingston Road/Highway 401 Ramp Terminal Intersection The applicant requests approval of this Minor Variance Application in order to obtain Site Plan Approval for a vehicle sales establishment. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending deferral. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Neither the applicant nor agent were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Tom Copeland Seconded by Sean Wiley That application P/CA 105/17 by Pickering Holdings Inc., be Deferred to the next available meeting, December 6, 2017, to allow staff to recirculate a revised Public Notice that indicates the correct property address that is subject to the application. Carried Unanimously (IV) Other Business 1. Adoption of 2018 Meeting Schedule Moved by Eric Newton Seconded by Sean Wiley That the Committee of Adjustment Meeting Schedule for 2018 be adopted. Carried Unanimously Page 8 of 9 c44 PICKERING Committee of Adjustment Meeting Minutes Wednesday, November 15, 2017 7:04 pm Main Committee Room (V) Adjournment Moved by Tom Copeland Seconded by Eric Newton That the 15th meeting of the 2017 Committee of Adjustment be adjourned at 7:34 pm and the next meeting of the Committee of Adjustment be held on Wednesday, December 6, 2017. Carried Unanimously Date Chair Assistant Secretary -Treasurer Page 9 of 9 9 10 DICKERING Report to Committee of Adjustment Application Number: P/CA 105/17 Date: December 6, 2017 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 105/17 Pickering Holdings Inc. (Boyer) 775 Kingston Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 6690/06: • to permit a building to be erected on a lot where0 percent of the entire length of the build -to -zone on the lot is occupied by a continuous portion of the exterior wall of the building or building(s), whereas the by-law requires that no building or portion of a building or structure shall be erected on a lot, unless 40 percent of the entire length of the build -to -zone on the lot is occupied by a continuous portion of the exterior wall of the building or buildings • to permit no more than two rows of parking or display of vehicles between buildings and Kingston Road, whereas the by-law permits no more than one row of parking or display of vehicles shall be permitted between buildings and Kingston Road • to permit outdoor storage or display of vehicles outside the building envelope, whereas the by-law requires any permitted outdoor storage or display to be provided within the building envelope • to permit the outdoor display of vehicles to be setback a minimum of 0.8 of a metre from the abutting lands owned by the Ministry of Transportation (MTO) for Highway 401 and the Kingston Road/Highway 401 Ramp Terminal Intersection, whereas the by-law requires all required parking, permitted outdoor display, above or below ground structures, stormwater management ponds, utility easement or emergency access routes shall be setback minimum of 14.0 metres from the abutting lands owned by the MTO for Highway 401 and the Kingston Road/Highway 401 Ramp Terminal Intersection The applicant requests approval of this Minor Variance Application in order to obtain Site Plan Approval for a vehicle sales establishment. 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. Report P/CA 105/17 December 6, 2017 11 Page 2 Background On October 20, 2017, a Minor Variance Application was submitted to the City Development. Department that noted the municipal address of the property subject to the application as 715 Kingston Road. The required Public Notice was prepared using this municipal address. However, the correct municipal address of the property subject to the application is 775 Kingston Road. On November 3, 2017, the Committee of Adjustment deferred Minor Variance Application P/CA 105/17 to the December 6, 2017 meeting of the Committee at the recommendation of the City Development Department. City staff recommended that Minor Variance Application P/CA 105/17 be deferred in order for staff to provide a revised Public Notice with the correct legal description, municipal address (775 Kingston Road) and location map. On November 22, 2017 the City Development Department provided Public Notice which reflected the correct legal description, municipal address and location map. Comment Official Plan and Zoning By-law Pickering Official Plan — "Mixed Use Areas — Mixed Corridors" within the Woodlands Neighbourhood. Zoning By-law 3036, as amended by By-law 6690 — "SPC -3" — Special Purpose Commercial. Appropriateness of the Application Build -to -Zone Variance o a build -to -zone is a defined area on a lot where a portion or all of the front facade of a building is required to be located within o the intention of the build -to -zone provision of the By-law is to create an architecturally pronounced, vibrant and pedestrian -friendly commercial corridor by bringing the facade of a building closer to the street and pedestrian activity o the required build -to -zone for 775 Kingston Road is identified by 'hatching' on "Exhibit 2" o the zoning by-law states that no building or portion of a building or structure shall be erected on a lot, unless 40 percent of the entire length of the build -to -zone on the lot is occupied by a continuous portion of the exterior wall of the building or buildings o the applicant is proposing to construct a building where 0 percent of the exterior facade will be located within the identified build -to -zone o the applicant has requested this variance in order to accommodate a drive aisle, fire route access and a row of customer parking between the proposed building and Kingston Road 12 Report P/CA 105/17 December 6, 2017 Page 3 o in order to compensate for the greater setback from Kingston. Road, landscape enhancements will be provided at the front of the property to create a visually appealing streetscape and contribute to creating an vibrant commercial corridor o the proposed building will be located approximately 2.0 metres outside of the required build -to zone and will maintain its visual presence from the streetscape as it will be two -storeys in height o the proposed development is currently subject to an active Site Plan application and the architectural and landscape details are subject to review and approval of the City Development Department and peer review architect Rows of Parking Variance o the •by-law permits no more than one row of parking or display of vehicles between buildings and Kingston Road o the intent of this provision is to limit vehicle display and parking between buildings and the roadway along major mixed -used corridors in order to create an active storefront and to minimize the visual impact of parking areas on the streetscape o the applicant is requesting two rows of parking or display of vehicles between the proposed building and Kingston Road o the applicant requires two rows of parking or vehicle display between the building and Kingston Road in order to accommodate customer and accessible parking spaces directly adjacent to the front entrance walkway and to provide a row of vehicle display abutting Kingston Road o the additional row of parking requested is a marginal increase to that which is currently permitted under the zoning by-law and will have minimal impact on the streetscape as it will be adequately setback from the front lot line o a large natural area (watercourse) that is regulated by the Toronto and Region Conservation Authority is located between the proposed rows of parking and Kingston Road and will provide a significant buffer from the streetscape Outdoor Display or Storage of Vehicles Variance o the by-law requires any permitted outdoor storage or display to be provided within the building envelope o the intent of this provision is to ensure that the storage or display of vehicles is adequately setback from all lot lines o the applicant is proposing the storage and display of vehicles outside the building envelope on north, south and east portion of the property, abutting Kingston Road and Highway 401, respectively o the nature of the vehicle sales use on the property requires the showcase and display of vehicles relatively close to major roadways o the proposed outdoor storage and display of vehicles will maintain a setback of 25 metres from Kingston Road to the north and 4.0 metres from the MTO lands to the south and 0.8 metres from the east o the proposed location of outdoor storage and display of vehicles will not result in a negative visual impact on Kingston Road or the MTO lands directly east and south Report P/CA 105/17 December 6, 2017 13 Page 4 Reduction in Minimum Setback from MTO Lands Variance o the by-law requires all required parking, permitted outdoor display, above or below ground structures, stormwater management ponds, utility easement or emergency access routes shall be setback minimum of 14.0 metres from the abutting lands owned by the Ministry of Transportation (MTO) for Highway 401 and the Kingston Road/Highway 401 Ramp Terrninal Intersection o the intent of this provision is to ensure that all structures, critical components of the site's operation and required parking are not located in an area that may, in the future, be required for the operation of Highway 401 o the applicant is requesting the outdoor display or storage of vehicles to be setback a minimum of 0.8 metres from the lands owned by the MTO on the east side of the subject property o the parking area abutting the MTO lands to the east and south will be solely for the display or storage of vehicles and are surplus to the needs of the development, as it will not be utilized to supply parking for customers or staff O the required vehicle parking can be adequately accommodated outside the minimum of 14.0 metres setback from the MTO lands Staff are of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the lands, and maintain the intent and purpose of the Official Plan and Zoning By-law. Input From Other Source Engineering Services Toronto and Region Conservation Authority 0 no objections to the requested variances O no comments on the application Date of report: November 29, 2017 Comments prepared by: Cody 1117i Planner I CM:DW:jc Deborah Wy ie, MCIP, RPP Principal Planner, Development Review J:Vor.a.lments0eveloprnant10-3700120171PCA 105-171Reporl1PCA 105-17 Reporl (Darerra0.00c Attachments Exhibit 1 COBBLERS COURT SHADY ROO DR VE SHE PARD AVENUE uJ cr 0 cc SUBJECT PROPERTY Lit Ilk ins #11111 HILLCREST ROAD INN EYER DR VE t\ltwist ofre Location Map File: P/CA 105/17 PICKERING City Development Department Applicant: Pickering Holdings Inc. Property Description: Con BF Range 3 PT Lot 27,28 Now RP 40R9869 Part 12,13, Part 14 To 16 PT (775 Kingston Road) Date: Nov. 07, 2017 0 The Corpora= ol trn City of Pickering Proeurso (to part) urger !Verve.. hors: 0 Otreans Plow Ontroio Idimistry of Natural Pommes All resereed_0 Hs, Majesty the Queen in Rn ioof Canada. Drape rinient of NaturaPRasouross. At crofts reitarreolz dolts 0 Tetanal Enteronsos Ins. and ft souphen A Kona resented.: FASOnsotpal Propstly A..........Gsuporains and its suppliers el rights restored.: SCALE: 1:5,000 TIM IS NOT A MAN OF SUS. Exhibit 21 5 Kingston Road To permit a building to be.,prected on a lot plow. where\`‘zqr&,percent of the etir,Oength of sn.nou r • • the build -to zone on the lot is occupied by a continuous portion of the exterior wall of the building or buildings. To permit outdoor storage or display of vehicles outside the building envelope I f 0, KEW /411111.1.01011M.EP PROPOSELIFILLONI inuart To permit no more than two rows of parking or display of vehicles between buildings and Kingston Road To permit the outdoor display of vehicles to be set back a minimum of 0.8 of a metre from the abutting lands owned by the Ministry of Transportation for Highway 401 and the Kingston Road /Highway 401 Ramp Terminal Intersection PICKERING City Development Department Submitted Plan File No: P/CA 105/17 Applicant: Pickering Holdings Inc. Property Description: Con BF Range PT Lot 27,28 Now RP 40R9869 Part 12,13, Part 14 To 16 PT (775 Kiniston Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING crry DEVELOPMENT DEPARTNIENT. DATE: Nov. 7, 2017