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HomeMy WebLinkAboutAugust 22, 2018city PICKERING Committee of Adjustment Agenda Meeting Number: 11 Date: Wednesday, August 22, 2018 pickering.ca Cly o� DICKERING Agenda Committee of Adjustment Wednesday, August 22, 2018 7:00 pm Council Chambers Page Number (I) Adoption of Agenda (II) Adoption of Minutes from August 1, 2018 1-12 (III) Reports 1. P/CA 62/18 13-23 D. Dufaj 700 Hillcrest Road 2. P/CA 65/18 D. Bowler & M. Tayler 1305 Cornell Court 3. P/CA 66/18 to P/CA 68/18 J. Butler & A. & K. Wald 467 & 471 Rosebank Road 4. P/CA 69/18 A. & J. Kimble 945 Essa Crescent 5. P/CA 70/18 S. Della Porta 220 Martins Street 6. P/CA 71/18 M. & S. Lall 2187 Duberry Drive 7. P/CA 73/18 1585708 Ontario Limited 1095 Kingston Road 8. P/CA 74/18 Emix Limited 1099 Kingston Road 9. (Tabled at the April 18th meeting) P/CA 29/18 C. Newton 631 Liverpool Road (IV) Adjournment 24-28 29-36 37-43 44-49 50-55 56-61 62-68 69-77 For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email Idunne@pickering.ca PICKERING c4 Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers Pending Adoption Present Tom Copeland — Vice -Chair David Johnson Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary -Treasurer Lesley Dunne, Assistant Secretary -Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Denise Rundle That the agenda for the Wednesday, August 10, 2018 meeting be adopted. Carried Unanimously (11) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, July 11, 2018 be adopted as amended. Carried Unanimously Page 1 of 12 1 2 DICKERING zy Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers (HI) Reports 1. P/CA 58/18 P. Dalglish 358 Rosebank Road The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum front yard setback of 6.35 metres, whereas the by-law requires a minimumfront yard setback of 7.5 metres • to permit a covered platform (porch) to project a maximum of 0.91 of a metre into the required front yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required front yard The applicant requests approval of these variances in order to obtain a building permit for the construction of an addition and covered porch in the front yard of the property. 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. Peter Barton, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Peter Barton stated the proposed addition and covered porch is to be used as a front foyer to provide additional space in the front entrance of the house. Moved by Sean Wiley Seconded by Eric Newton That application P/CA 58/18 by P. Dalglish, 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 these variances apply only to the construction of a front addition and covered porch, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment report dated August 1, 2018). 2. That the applicant obtain a building permit for the proposed construction by August 3, 2020, or this decision shall become null and void. Carried Unanimously Page 2 of 12 DICKERING zy Committee of Adjustment 3 Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers 2. P/CA 59/18 & P/CA 60/18 Mattamy (Seaton) Limited Part of Blocks 83 and 90, Draft Approved Plan of Subdivision SP -2009-13, Phase 2 The applicant requests relief from Zoning By-law 7364/14, as amended: P/CA 59/18 (Block 83, Unit 7): To permit a minimum flankage yard setback of 1.78 metres, whereas the by-law requires a minimum flankage yard setback of 2.4 metres. P/CA 60/18 (Block 90, Unit 8): To permit a minimum flankage yard of 0.80 of a metre, whereas the by-law requires a minimum flankage yard setback of 2.4 metres. The applicant requests approval of these variances in order to obtain a building permit for the construction of street townhouse dwellings with integrated private garages, accessed by a lane. 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. Alex Waring, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Alex Waring stated the street townhouses are in compliance with the zoning by-law with the exception of the flankage yard setback due to the corner rounding of the subject properties. In response to a question from a Committee Member, Alex Waring stated the balconies and garages will be located at the rear of the buildings. Moved by Denise Rundle Seconded by Eric Newton That application P/CA 59/18 by Mattamy (Seaton) Limited, 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 condition: 1. That this variance apply only to the proposed townhouse dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment report dated August 1, 2018). Page 3 of 12 4 c4 o� DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers That application P/CA 60/18 by Mattamy (Seaton) Limited, 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 condition: 1. That this variance apply only to the proposed townhouse dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 3 contained in Committee of Adjustment report dated August 1, 2018). Carried Unanimously 3. P/CA 61/18 K. Campbell & D. Coleman 565 Whitevale Road The applicant requests relief from Zoning By-law 2511, as amended: • to permit a maximum accessory building height of 4.38 metres, whereas the zoning by-law permits a maximum height of 3.5 metres The applicant requests approval of this variance in order to obtain a building permit for an existing accessory building (detached garage)... 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. Dave Coleman, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Dave Coleman stated the existing detached garage was unsafe and it needed to be repaired. He also stated the reason for the height variance is he wanted the roof line to match the existing building. He has consulted with the neighbours and is familiar with the Committee of Adjustment process. In response to a question from a Committee Member, Dave Coleman indicated that he has been in contact with Heritage Planning staff and the next Heritage Committee meeting will be August 22, 2018. Moved by Eric Newton Seconded by Sean Wiley That application P/CA 61/18 by K. Campbell & D. Coleman, be Tabled until Heritage Planning staff and the Heritage Pickering Advisory Committee have .reviewed the application and a heritage permit is obtained. Carried Unanimously Page 4 of 12 Gtr DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers P/CA 63/18 E. Bouchard 1006 Vistula Drive The applicant requests relief from Zoning By-law 2520, as amended, to permit a minimum west side yard width of 1.3 metres; whereas the by-law requires a minimum side yard width of 1.5 metres. The applicant requests approval of this variance in order to obtain a building permit to construct an addition (garage) to a 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 Services Department expressing no comments on the application. Ralph Allison, on behalf of the owner, 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, Ralph Allison stated they will be using the existing footprint of the carport and it will be enclosed by erecting three walls and installing a garage door. Ralph Allison also stated there is a breeze way between the dwelling and garage with plenty of room for maintenance and snow clearing. Moved by Sean Wiley , Seconded by Tom Copeland That application P/CA 63/18 by E. Bouchard, be Approved on the grounds that the west side yard width of 1.3 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 addition (garage), as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment report dated August 1, 2018). 2. That the applicant obtain a building permit for the proposed construction by August 3, 2020, or this decision shall become null and void. Carried Unanimously Page 5 of 12 5 6 DICKERING C4 Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers 5. P/CA 64/18 S. Ikovlena 1692 Central Street The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06: • to permit an existing minimum of 9 parking spaces; whereas the by-law requires a minimum of 15 parking spaces • to permit an existing minimum lot area of 691 square metres for an accessory dwelling unit; whereas the by-law requires a minimum lot area of 695 square metres for an accessory dwelling unit • to permit an existing minimum exterior side yard of 0.6 of a metre; whereas the by- law requires a minimum exterior side yard of 18 metres • to permit an existing minimum flankage yard of 0.6 of a metre; whereas the by-law requires a minimum flankage yard of 4.5 metres • to permit an existing maximum lot coverage of 44 percent; whereas the by-law requires a maximum lot coverage of 33 percent • to permit an existing minimum landscaped open space of 18 percent; whereas the by-law requires a minimum landscaped open space of 50 percent • to permit an existing accessory structure located in the rear yard to be setback a minimum of 0.0 metres from the west lot line and setback a minimum of 0.8 of a metre from the north lot line; whereas the by-law requires that accessory structures greater than 10.0 square metres in area shall be setback a minimum of 1.0 metre from all lot lines • to permit the existing building to the south to be setback 10.0 metres from the centerline of Brock Road; whereas the by-law requires that no building or structure be erected closer than 19.5 metres to the centerline of Brock Road • to permit an existing parking area abutting Central Street to be setback 0.0 metres; whereas the by-law requires that where a parking area abuts a road allowance there shall be a 3.0 metre setback therefrom • to permit an existing entrance and exit to a parking area to be paved for a minimum distance of 0.0 metres from the front lot line where itabuts a street; whereas the by-law requires that all entrances and exits to parking areas shall be paved for a minimum distance of 15.0 metres from the front lot line where it abuts a street The applicant requests approval of these variances in order to obtain a building permit for renovations in the northerly building and to recognize the existing site conditions. Page 6 of 12 Cts oh DICKERING Committee of Adjustment 7 Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers 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. Svetlana Ikovlena, 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 a Committee Member, Svetlana Ikovlena stated the existing detached garage is being used for storing wood not vehicles; there are four parking spaces allocated for the residential units and five parking spaces are allocated for the two commercial units. In response to a question from a Committee Member, the Secretary -Treasurer indicated a condition to obtain a building permit is not required because these the requested variances are existing site and building conditions. Due to the small interior renovation and to recognize the existing conditions on the subject site, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton Thatapplication P/CA 64/18 by S. Ikovlena, 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 condition: 1. That these variances apply only to the existing garage and two existing mixed-use buildings containing a total of four residential units and two commercial units, as generally sited and outlined on the applicant's submitted plans, and existing as of the date of this report and decision (refer to Exhibit 2 contained in Committee. of Adjustment report dated August 1, 2018). Carried Unanimously Page 7 of 12 8 cdy DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers 6. P/CA 42/18 to P/CA 44/18 M. Malik-Qasim & 10221058 Canada Ltd. 560 & 562 Marksbury Road P/CA 42/18 (560 Marksbury Road) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum- lot frontage of 14.2 metres, whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum north side yard setback of 1.2 metres, whereas the by-law requires a minimumside yard setback of 1.5 metres • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent -P/CA 43/18 (562 Marksbury Road) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum lot frontage of 14.7 metres, whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum south side yard setback of 1.2 metres, whereasthe by-law requires a minimum side yard setback of 1.5 metres • to permit a minimum flankage yard setback of 3.5 metres, whereas the by-law requires a minimum flankage yard setback of 4.5 metres • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit a covered porch and associated steps to project a maximum of 2.0 metres into the flankage yard, whereas the by-law does not permit uncovered steps or platforms to project into the flankage yard P/CA 44/18 (Proposed Lot 3) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum east side yard setback of 1.2 metres, whereas the by-law requires a minimum side yard setback of 1.5 metres • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit a maximum building height of 9.25 metres, whereas the by-law permits a maximum building height of 9.0 metres The applicant requests approval of these minor variance applications in order to facilitate the creation of one additional lot through the Region of Durham's Land Division Committee (File Numbers LD 042/18 & LD 043/18) and to obtain building permits for the construction of three single detached dwellings. Page 8 of 12 Gtr DICKERING Committee of Adjustment 9 Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers 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 applications. Written comments were received from the representatives of the Fairport Beach Neighbourhood Association indicating an agreement between the applicant and the representatives of the Neigbhourhood Association in support of the revised variances. The signatures indicate their support for the revised applications where all balconies are facing the front yards only, and where the building height proposed for the new lot fronting Surf Avenue is 9.25 metres. Written comments were also received from 21 residents in the West Shore Neighbourhood on Park Crescent, Marksbury Drive, Vicki Drive, Surf Avenue, Leaside Street and Sandstone Court in objection to the revised variances. Nadeem Irfam, agent, was present to represent the applications: Jasmine Rauh -Munch of 509 Marksbury Road, Carol Bamford of 528 Marksbury Road, Pegi Leybourne and Sherri Gustin of 556 Marksbury Road were present in objection to the applications. Kamran Adil of 568 Marksbury Road and Iffikhas Hussain of 581 Marksbury Road were present in support of the applications. The agent, Nadeem Irfam, outlined that following the deferral of the applications by the Committee on May 30, 2018, 3 meetings were held with the community (2 of the meetings were attended by Councillor Brenner and representatives of the Fairport Ratepayers Association, and the third meeting was with the community). As a result of these meetings, the Developer agreed to reduce the proposed building height for proposed Lot 3 to 9.25 metres and move all proposed balconies to the front of the buildings. A letter of agreement between the Developer and the Fairport Ratepayers Association supporting these revisions was submitted to the Committee. The agent further outlined that the requested 37 percent coverage is minor, the required front and rear yards are maintained, the reduced side yards do not impact existing lots, the requested building height variance is due to the grading of the proposed Lot 3, there is adequate accommodation for site drainage, and the proposed variances meet the 4 tests. Jasmine Rauh -Munch expressed several concerns with having large homes on small lots; and requesting 11 variances that are not minor in nature or desirable. She also indicated the area residents did not review the agreement between the Fairport Beach Neighbourhood Association and the Developer. Jasmine Rauh -Munch provided a history of development in the surrounding area and provided additional signatures opposed to the applications for the Committee Members to review. Page 9 of 12 10 cdy off DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers Carol Bamford agreed with comments made from Jasmine Rauh -Munch and expressed several concerns with the strain on the storm sewers; opposed to any height variance over the 9.0 metres; and the loss of privacy. Carol Bamford would like to see development stay within by-laws. Pegi Leybourne expressed several concerns with having large homes on small lots, does not want this in her backyard and is strongly against all variances. Sherri Gustin expressed a concern that the builder has not even started building yet and they are asking for relief from the by-laws and questioned why are there by-laws if no one is going to comply with them. Kamran Adil stated the new homes will improve the character of the surrounding neighbourhood; that large families require large homes and does not agree that these new homes will have an impact on the storm sewers. lffikhas Hussain indicated he supports both applications. In response to questions from Committee Members, Nadeem Irfam confirmed that all proposed balconies will be located on the front of the proposed buildings, and that an existing shed will be removed. In response to the question of why couldn't the 33 percent coverage provision be complied with, the Nadeem Irfam indicated that the resulting floor plan is not viable. Due to having heard residents' concerns regarding the massing of the proposed homes, the location of balconies, and storm drainage, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Tom Copeland That the minimum lot frontage of 14.2 metres for P/CA 42/18 by M. Malik-Qasim, be Approved on the grounds that this 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 condition: 1. That the applicant obtain final clearance for Land Division Applications LD 042/18 & LD 043/18 by May 3, 2019, or this decision shall become null and void. and That the minimum north side yard setback of 1.2 metres for P/CA 42/18 by M. Malik-Qasim be Approved on the grounds that this 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: Page 10 of 12 C4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers 1. That these variances apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by May 3, 2021, or this decision shall become null and void. 3. That any proposed balcony be permitted on the front facade of the dwelling only. and That the maximum lot coverage of 37 percent for P/CA 42/18 by M. Malik-Qasim be Refused on the grounds that this is a major variance, and not desirable for the appropriate development of the land. That the minimum lot frontage of 14.7 metres for P/CA 43/18 by 10221058 Canada Ltd, be Approved on the grounds that this 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 condition: 1. That the applicant obtain a final clearance for Land Division Applications LD 042/18 & LD 043/18 by May 3, 2019, or this decision shall become null and void. and That the minimum south side yard setback of 1.2 metres, a minimum flankage yard setback of 3.5 metres, and.a covered porch and associated steps to project a maximum of 2.0 metres into the flankage yard for P/CA 43/18 by 10221058 Canada Ltd. be Approved on the grounds that these 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 these variances apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 4). 2. That the applicant obtain a building permit for the proposed construction by May 3, 2021, or this decision shall become null and void. 3. That any proposed balcony be permitted on the front facade of the dwelling only. and That the maximum lot coverage of 37 percent for P/CA 43/18 by 10221058 Canada Ltd. be Refused on the grounds that this is a major variance, and not desirable for the appropriate development of the land. Page 11 of 12 11 12 Od DICKERING Committee of Adjustment Meeting Minutes Wednesday, August 1, 2018 7:05 pm Council Chambers That the minimum east side yard setback of 1.2 metres, and a maximum building height of 9.25 metres for P/CA 44/18 by M. Malik-Qasim, be Approved on the grounds that these 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 these variances apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 6). 2. That a minimum west side yard setback of 1.8 metres is provided. 3. That the applicant obtain a building permit for the proposed construction by May 3, 2021, or this decision shall become null and void. 4. That any proposed balcony be permitted on the front facade of the dwelling only. 5. That the existing shed be demolished prior to issuing a Building Permit (refer to Exhibit 6). and That the maximum lot coverage of 37 percent for P/CA 44/18 by M. Malik-Qasim, be Refused on the grounds that this is a major variance, not desirable for the appropriate development of the land. Carried Unanimously Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 10th meeting of the 2018 Committee of Adjustment be adjourned at 8:12 pm and the next meeting of the Committee of Adjustment be held on Wednesday, August 22, 2018. Carried Unanimously Date Chair Assistant Secretary -Treasurer Page 12 of 12 DICKERING 6-44 Report to13 Committee of Adjustment Application Number: P/CA 62/18 Date: August 22, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 62/18 D. Dufaj 700 Hillcrest Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a. maximum height of 10.6 metres; whereas the by-law requires a maximum height of 9.0 metres to permit covered platform (porch) and associated steps not exceeding 2.6 metres in height above grade to project a maximum of 5.5 metres into=the required front yard; whereas uncovered steps or platforms not exceeding 1.0 metre in height above grade may project not more than 1.5 metres into any required front yard The applicant requests approval of these variances in order to obtain a building permit to construct a detached dwelling. Recommendation The City Development Department considers the proposed variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3,,4, 5 & 6). 2. That the applicant obtain a building permit for the proposed construction by August 24, 2020, or this decision shall become null and void. Background Community Character and By-law 7610/18 In November 2016, City Council adopted Resolution 236/16 to commence a community engagement process to establish guidelines to encourage developers and builders to be mindful of established community character. 4 Report P/CA 62/18 August 22, 2018 Page 2 Through community consultation, maximum building height was identified as one of the key criteria in ensuring compatibility of replacement housing in established neighbourhoods. In 2017, the City initiated a Zoning By-law Amendment to add a height limit of 9.0 metres for lands zoned "R3" and "R4" within Zoning By-law 2511. City initiated By-law 7610/18, implementing the 9.0 metre height limit, was passed by Council on March 12, 2018 and is now in force. By-law 7610/18 is a measure to help ensure that replacement housing, in areas that were not subject to a maximum building height, is compatible with the predominant surrounding built form. Proposed Dwelling The proposed dwelling is located on a property with a substantial grade change from the rear of the property to the front. The applicant has indicated that the difference between the top of slope at the rear of the property and bottom of the slope at the street line is approximately 8.15 metres. The existing driveway has a grade of approximately 20 percent. Current engineering standards do not allow driveways with a grade greater than 8 percent. In order to comply with a maximum driveway grade of 8 percent and still accommodate an attached garage, the proposed dwelling has been set into the side of the hill. This results in the proposed two-storey dwelling having the appearance of three storeys with a height of 10.6 metres at the front, and two -storeys with a height of 7.5 metres at the rear (refer to Exhibits 4 & 5). The grade 'change from the driveway to the front door is approximately 2.6 metres, requiring steps having approximately 16 risers to access the door (refer to Exhibit 3). The resulting steps project approximately 5.5 metres into the required front yard (refer to Exhibit 2). With the exception of the steps and building height, the proposed dwelling meets or exceeds the other provisions of the by-law. Side yard widths of 1.5 metres and 2.7 metres, lot coverage of 30 percent and front yard depth of 7.7 metres are proposed. Comment Appropriateness of the Application Conforms to the Intent of the Official Plan The Official Plan designates the subject lands as "Urban Residential Areas — Low Density Areas" within the West Shore Neighbourhood. The Official Plan contains policies pertaining to protecting and enhancing the character of established neighbourhoods by considering such matters as height, yard setbacks, lot coverage, access to sunlight and the context of the existing adjacent buildings. The immediate area along Hillcrest Road has a particularly unique character due to a hill with a substantial slope running downhill from west to east. Dwellings located on the west side of Hillcrest Road are located on top of, or built into, the steep slope that drops from the rear lot lines down towards Hillcrest Road. On the east side of Hillcrest Road, the properties, continue to slope west to east down from the road to the rear lot line. The resulting dwellings on the east side of the road have the appearance of up to two -storeys in height at the front, but have walk- out basements and the appearance of up to three -storeys at the rear of the dwellings. Report P/CA 62/18 August 22, 201815 Page 3 The adjacent dwelling to the south of the subject property on the west side of Hillcrest Road is two -storeys in height and constructed at the top of the slope, closer to the rear lot line. The driveway cuts into the hill and a long series of stairs lead from the driveway to the front entrance of the dwelling. The adjacent dwelling to the north is also two -storeys in height and located part way up the slope with a driveway far exceeding the maximum driveway slope of 8 percent. Although both dwellings do not exceed two -storeys, due to their locations on the hill they are set well above the grade at street level. ' Two other properties on the west side of Hillcrest Road are set into the hill similarly to the proposed dwelling. To the south, 692 Hillcrest Road is built into the hill with two -storeys stacked on top of an attached garage, creating the effect of a three-storey dwelling. To the north, 724 Hillcrest Road is similarly designed with two -storeys stacked on top of an attached garage/basement, creating the visual effect of three -storeys and having a building height of 10.1 metres. Numerous properties on the west side of Hillcrest Road have prominent steps, porches, and balconies on the front elevations to accommodate the substantial grade change. Staff is of the opinion that the requested variances meet the general intent and purpose of the Official plan. Conforms to the Intent of the Zoning By-law The subject property is zoned "R4" — One Family Detached Dwelling within Zoning By-law 2511, as amended by By-law 7610/18. The intent of the maximum building height is to minimize the visual impact of the main building on abutting properties and on the streetscape, and to ensure that the size and scale of the building is compatible with the character of the surrounding area. The zoning by-law requires that in the case of a peaked roof building height be calculated from the established grade to the mid -point of the roof. The established grade of a property is determined by taking the average elevation of the ground where it meets the front exterior of the building. This height calculation used in the zoning by-law applies one approach to calculating building height and does not recognize unique situations in grade such as the significant hills or slopes that exist along Hillcrest Road. Existing dwellings located on the west side of Hillcrest Road built on the slope of the hill, including both adjacent properties to the north and south, may have heights well in excess of 9.0 metres if measured from the grade at street -level at the bottom of the slope. The impact the proposed height of 10.6 metres will be in keeping with the appearance of other dwellings along Hillcrest Road having two -storeys located above an attached garage/basement. Further, at the rear of the property the proposed dwelling will be a two-storey dwelling having a height of 7.5 metres. Beyond removing an entire storey from the dwelling and building a one -storey bungalow with an attached garage/basement, the options for reducing the height of the proposed dwelling are limited. The intent of the zoning by-law in permitting a maximum porch projection into the required front yard is to ensure an adequate. buffer space between the buildings and street activity is provided, and to ensure an adequate landscaped area within the front yard is maintained. 1 6 Report P/CA 62/18 August 22, 2018 Page 4 With a front yard depth of 7.7 metres, the proposed porch and steps not exceeding 2.6 metres in height above grade and projecting 5.5 metres into the front yard provides an adequate buffer space and landscaped area within the front yard. Further, the existing dwelling located on the subject property is partially screened in the front yard by a number of mature trees planted along the front lot line. The applicant has indicated that they intend to preserve as many trees along the front lot line as possible, while acknowledging that some will have to be removed during construction of the driveway. Mature trees are also located along the north and south lot lines. The mature trees will partially screen the proposed dwelling and proposed porch and steps. Staff is of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land The substantial grade change from the rear of the property to the front creates a challenge to site a dwelling on the subject lands. Engineering Services and City Development staff had previously met with the applicant to discuss options for reducing the height of the dwelling. The proposed dwelling is designed in part to take the maximum driveway slope of 8 percent into consideration. The intention of a maximum driveway grade of 8 percent is to prevent vehicles from sliding in icy conditions and provides a more accessible path to the dwelling. Other properties along the west side of Hillcrest Road have addressed the challenge of siting a dwelling in a number of ways, not always resulting in the most desirable development of the land. The property adjacent to the south of the subject lands has addressed this challenge by cutting the driveway into the slope requiring a lengthy series of steps leading up the hill to the main entrance of the existing two-storey dwelling. The property to the north has a driveway exceeding the maximum 8 percent driveway grade. Porch and steps projecting into the required front yard for the subject site are necessary to access the dwelling from the driveway. If the dwelling were to be set further up the hill, more prominent and less accessible steps would likely be required. With a driveway grade not exceeding 8 percent, and the proposed dwelling being located closer to grade at street -level, staff is of the opinion that the requested variances are desirable for the appropriate development of the land. Minor in Nature The request to permit a maximum building height of 10.6 metres and to permit a porch and steps not exceeding 2.6 metres in height above grade and projecting a maximum of 5.5 metres into the required front yard, is not anticipated to have any significant impact on the surrounding area. Given how the proposed dwelling is to be built into the side of the slope and the height of 7.5 metres at the rear of the dwelling, no privacy or shadowing impact on adjacent properties is anticipated. Mature trees located on the front and side lot lines will further reduce the visual impact of the proposed dwelling on the streetscape and surrounding properties. Report P/CA 62/18 August 22, 201817 Page 5 The requested height of 10.6 metres, while creating a visual effect of a dwelling with three -storeys, will only allow for the development of a two-storey dwelling with an attached garage/basement; in keeping with other dwellings along Hillcrest Road that conform with the 9.0 metre height limit. Staff is of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the land and maintains the intent and purpose of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services • no comments on the application Petition Submitted by the Applicant • a petition containing signatures from residents of 8 properties along Hillcrest Road was received in support of the application • signees include the adjacent neighbours to the north and south, and neighbours to the east across Hillcrest Road Date of report: August 16, 2018 Comments prepared by: Rory. McNeil Planner RM:DW:jc J:tDocuments\Development\D-3700\2018\PCA 62-18 D. Dufaj\Report\ PCA 62-18 Repod.doc Attachments Deborah Wyfie, MCIP, RPP Principal Planner, Development Review Exhibit 1 -o 0 0 1, /14 �I Hampton Court • 00• *4 1111111111101 osigiAidio ini 1111 J or. umimmwv 1 0 w r 0 11 l(° v -a Oklahoma Drive muumuu" liar Stonebrid e Lane i',iz,ii EPP Carmel\ s�111111►� Nom 41111 mom NMI INN NIB Breda Avenue Moretta Avenue Sanok Drive Vicki Drive Subject , Lands to °Court a) 0 1 �1 MOM MEM MEM MEM MP AEI m MEM 0 0 m 0 co 11 _1— Tullo Street MOM IMO Surf Avenue @-1111111111 :IuIuIIIIIIot Lane m== M111111111111111111_ INS 0) 0 CO 0 a) PICKERING City Development Department Location Map File: P/CA 62/18 Applicant: D. Dufaj Property Description: Lot 129 Plan 331 (700 Hillcrest Road) he Corporation of the Cay of Plekenng Producedpn part) under ccense from; OOueero Pouter, Orta do Minstry of NaNai Resources. Ag rights reserved.0 Her Majesty the Queen in Right of Canada, Dee artmert of Natural Resources. Al rights resened.; Cr Telenet Enterprises Inc. and Its suppiH re all rights reserved.; 0 Municipal Property Assessrrert Corpora(on aid Ite suppEers a8 rights reserved.; Date: Jul, 06, 2018 SCALE: 1:5,000 THIS IS NOT A PLAN OF SURVEY. _ Exhibit 2 • — Dwelling INIo.704 ii —�� Top Of Roo(=110.86 /...." �� Doorsill -,105.73 // // \ \ \ 1 ,,,...,,,,. ,,, , , to permit a maximum height //// ° ° \; D„ 1 of 10.6 metres°� \\ I • 1 V • tir 001. 1 I o' ° p -F\o' y° N74.00100" (RP4m) ( } t I �� o 999 0 1 °�� a �, / .� ` 35.75 (841,1) {. b t ) °� 13.22 $y , N ■ 65(O.1T) I (0:! PROD) f._. °' (43'-4 / --�'' / /71 /'nth .ti O c • //, / y1.50 oa u�mraen i nrtxww u -1'-^-n . 1Ii: • I / F.52ti v _ \ / \ •� / PATIO /' /^=—/51 ,' / // . t�///'///! / / 6. z-..0-- .��, ;y1' 5 'ii.>uJ \ ,., 103.28 %;�% 1- 6.15-�--- / aPT 13.22.//� [43'-4 J 33.83 ' . - 35.75 ,,,,,1';',77%-.7.1••r (RP) (BM. P • i �'L °• 0) ` 4 ai4O' t -t QI- ., ° {� t 8.67 / 1 Min 7.90 E • N74'0D'00"E (RPde) 1 ,0 (m1 PROD) ' 2 `and to permit a covered platform (porch) /\ 1 stole,, Brick Dwellingproject No.696 associated steps not exceeding 2.6 metres in height above grade to a maxmimum of 5.5 metres into the required front yard - Submitted Plan city File No: P/CA 62/18 o' P I C KE RI N G Applicant: D. Dufaj ' Property Description: Lot 129 Plan 331 City Development (700 Hillcrest Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. : DATE:16, 2018 J JulyGC L:\Planping\Corel\Planning Opps\PCA\2018 Exhibit 3 115.05 TOP OF ROOF to permit a covered platform (porch) and associated steps not exceeding 2.6 metres in height above grade to project a maximum of 5.5 metres into the required front yard OP OF MAI 105.2 T 1 FLOOR LEVEL ENTANCE 104.31 HAI I R 1 FVF1 - 10005 ENTRANCE PORCH LEVEL n- —� 0-I01. [2.71 BASEMEN — MUDROOIA 101.60 FLOOR 'VEL 100.39 View from Hillcrest Road 7-7 ffi E 115.05 TOP OF ROOF 35 to permit a maximum height of 10.6 metres TOP OF SECOND 100.51 FLOOR LEVEL _ 5n ry TOP OF MAIN 105.21 FLOOR LEVEL • ENTRANCE 104.31 HAI 1 1 FVFL_ 10355 102.97 etTSHE1rE� — EXISTING GRADE U/S FOOTING 100.39 (GARAGE) (_itr7Do' PICKERING City Development Department East Elevation File No: P/CA 62/18 Applicant: D. Dufaj Property Description: Lot 129 Plan 331 (700 Hillcrest Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: July 16, 2018 L:\Planning\Corel\Planning\Apps\PCA\201 0 Exhibit 4 Atlk TOP OF ROOF - Allti TOP OF ROOF R ® TOP OF WALL + ,11 OiIIIiHu!J. 1 - l�lf� PLATE— 1E^ ` ilk WM O I 4 ti rE . TOP OF SECOND~ s. Hill 1 la E I TOP OF SECOND FLOOR LEVEL forst FLOOR LEVEL - _ ! ( - - t076t - - - - — - - -- - - - 11 ilii__ III1. -- -I- _._ _S.. r=. Id II �- RET WALL TOP t" �_ 1WN 111 i TOP OF MAIN —_- 1i2 PTf I. :f: 1- - - - - ELO(7R t FVFL- o ' f� 1• tr , Li1J1 :cif 2RQN ---��• I05.80 T/0 FIXIHMTpH VUiI :.i VOLE g T ENITRAINrCE 104.31 HAEYEL _ _ _��� _ t' t�.16 ?ORCHLEVEL • iril iiTlill' i7 20'-91' L2.711 tiA2E0 !aU, e6.7 wit 25,34' Men South Side Elevation South Elevation • 64 4 File No: P/CA 62/18 , PICKERING Applicant: D. Dufaj Property Description: Lot 129 Plan 331 City Development (700 Hillcrest Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: July 16, 2018 N. Y L:\Pl a n n i n g\C o re I\P la n n i n g \Ap p s\PCA\2018 Exhibit 5 L:\Planning\Corel\Planning \Apps\PCA\2018 ta3 TOP OF ROOF - - _ - d- c...5 TOP OF ROOF NI b - - - f R >. e It ��• p2 iu F WALL - _ /17�sa\ TOP of WALL _ _ PLA TE -------- —-- - - I -- I I 1 1fl - - _i — - -I •-I i i1 _ PLATE ( * UI o E IF fd b • E TOP OF SECOND _ .Mai 0oA1 FLOOR LEVET, r �: 109A1 FLOOR LEVEL ____-_tr - __-__-__-_ _-__-__ -__-__ __-__-__-----_-__-__-__--_-__-______- MI Illi t__ u b MI III ® ©' III /�LE189R 7_�DP��O_F MAIN RET WALL LEVEL i1�e8L PA( A-. h __-__-__-_-_ --_-_ � _, _ ter_ iIFaIIi"II - - - --"---'^-- - I7 T/0 R11.MOION 1vu ei ENTRMlCE it __ _IIIIf'�� - — — to�Te PORCHt (iin BASEMENT' 10.111 I y 10231 i' b l y ---------�I---- J i 1 _ OW= MM. rd�m--- -- 31'-C Dual �-3 Er. UIiPR.110ID OPFT1N65 CN11AA11gtS tems North Side Elevation North Elevation C4 4 File No: P/CA 62/18 PICKERING Applicant: D. Dufaj Property Description: Lot 129 Plan 331 City Development (700 Hillcrest Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OFPICKERING CIN DEVELOPMENT DEPARTMENT. DATE: July 16, 2018 L:\Planning\Corel\Planning \Apps\PCA\2018 Exhibit 6 L:\Planning\Corel\ Planning\Apps\PCA \2018 __—__—_ 775.05 TOP OF ROOF . Q in I_ 16 .. -- _ _ —___ 1 16 ., .- I — N N -- "' ® TOP OF WALL ---- ___ MIL - PLATE II I MT ill P all 7 6 ... - 1•,6• 7..6' m S' �'' = 7•_6' o lo y O -coO O N E LC so..sF r �soosF ' O = TOP OF SECOND `' 709.67 FLOOR LEVEL . — _ - - ------ -- ------ 'co -_,-.:::75==;: 1,Il,nuuuult iunU.L I __-- — . � r IT ff= 'ti SII f ~.1' (I. orm .�yA.i .= '' 41.35E =-- 'r r ''S 4505 , a TOP OFAIN r :' ' ti . 4r '~ mac 106.27 EL0_013.1Ey.EL__— ?A Binh `�.�,, �,':: :. Rear West Elevation West Elevation C44 File No: P/CA 62/18 PICKERING Applicant: D. Dufaj Property Description: Lot 129 Plan 331 City Development (700 Hillcrest Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATEJuly 16, 2018 N. : Y0. L:\Planning\Corel\ Planning\Apps\PCA \2018 24 c4 DICKERING Report to Committee of Adjustment Application Number: P/CA 65/18 Date: August 22, 2018 From:, Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 65/18 D. Bowler & M. Tayler 1305 Cornell Court Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 3385/90: • to permit an accessory building (shed) to be located in the north side yard; whereas the by-law requires all accessory buildings which are not part of the main building shall be erected in the rear yard • to permit an accessory building (shed) to be set back a minimum of 0.3 of a metre from the north lot line; whereas the by-law requires that accessory structures must be set back a minimum of 0.6 of a metre from all lot lines The applicant requests approval of these variances in order to permit an accessory building (shed) in the side yard. Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following condition: 1. That these variances apply only to the existing accessory building (shed), as generally sited and outlined on the applicant's submitted plans and existing on the day of this report. (refer to Exhibit 2) Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Areas" Zoning By-law 3036, as amended by By-law 3385/90 — "S3" Report P/CA 65/18 August 22, 201825 Page 2 Appropriateness of the Application Accessory Building in the Side Yard Variance The intent of the requirement for accessory buildings to be located in the rear yard, is to. maintain a visually attractive streetscape, maintain adequate buffer space between buildings on a property and street activity and avoid adverse impact on the streetscape. The applicant has requested this variance to permit an accessory building (shed) located in the side yard with an area of approximately 9.3 square metres. The subject shed replaced a previously existing shed located on the same footprint. As the shed is Tess than 10.0 square metres in size, no building permit was required for its construction. The shed has a front yard depth of over 15.0 metres and is well set back from the street. The accessory building has no impact on the streetscape, as it is fully screened from the street due to a fence with a gate and vegetation being located between it and the front lot line. Accessory Building Setback Variance The intent of the zoning by-law for accessory buildings to provide a minimum setback from lot lines is to ensure that adequate space is provided for maintenance, that the eaves/overhangs do not encroach on adjacent properties, and that the visual impact on adjacent properties is minimized. The by-law requires accessory structures to be set back a minimum of 0.6 of a metre from all lot lines. The applicant has constructed the shed to have a setback of 0.3 of a metre from the north lot line. The applicant has indicated that the subject accessory structure replaced a previously existing shed with the same side yard setback. Engineering Services recommends that the shed be set back a minimum of 0.6 of a metre from the lot line in order to accommodate grading and drainage issues. The eaves/overhang of the subject shed is flush with north wall of the shed and is peaked to ensure that rainwater will flow onto the subject property and not onto adjacent lands. The 9.3 square metre shed has a lot coverage of approximately 1.4 percent, and is not anticipated to affect the drainage of the site. The shed is partially screened by an existing fence along the north side yard, with the peaked roof being visible over the fence line. The subject shed appears to have minimal visual impact on adjacent lands. Staff is of the opinion that the, requested variances are 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. 26 Report P/CA 65/18 August 22, 2018 Page 3 Input From Other Sources Engineering Services Petition signed by Residents of Cornell Court and Linwood Street Date of report: August 16, 2018 Comments prepared by: Rory McNeil Planner I RM:DW:jt \\FS\CSDCWmandaldocs\templates\CA\ptogrammed\CA Repod.doc Attachments ® Engineering Services Lot Grading Criteria requires a 0.6 metre undisturbed strip along property boundary limits ® recommends that the accessory building be located a minimum of 0.6 of a metre from the north property line ® a petition in support of the application was received by the City containing signatures from 18 residents, including two directly adjacent residents Deborah Wylie, M IP, RPP Principal Planner — Development Review Exhibit 1 c7 Ferncl'ff Circle > 0 Q. N w LL w N -- %-47, iii ,41‘ ,,\ ,,0 ,,o_ 0 o (.. 2 ‘1, 0 Virl ,- 1 a t MIIP" up Avg° 0 mum Hydro Corridor Bridle o' "cam Mho Linwood Street iIIIIllllll 1111 N co J •a O O a 0) Subject Lands Parkdale Street Everton Street ft 0 Faylee Cresc%, Irk OU Finch Avenue -17 m 0 E 0) Poppy Lane Lodge Road 11 Fieldlight Bou evard r cily4 Location Map File: P/CA 65/18 . PICKERING City Development Department • Applicant: D. Bowler & M. Tayler Property Description: Blk 27, 40M1609, and Blk 39, 40M1682 1305 Cornell Court Date: Jul. 23, 2018 orpotaton oo *) o a enng ro treedtn pan)u •er cense .om- :oeena•n le, •Mane • nstryo alwa •esonr«a. All rights reserved., Her Madesy the Queen In Right of Canada, Department of Natural Resources.A® rights reserved.; 0 Tenni Entered..tn. and Rs supplNrs all rights reserved.; 0 Munklpal Pmperty Assessment CorpooNan and as supprers alt rights reserved_ SCALE: 1:5,000 THIS 15 NOT A PLAN OF SURVEY. Exhibit 2 To permit an accessory building (shed) to be set back a minimum of 0.3 of a metre from the north lot line To permit an accessory building (shed) to be located in -the north side yard 0.3m .Q Existing Detached Dwelling Shed (9.3m2) 4.0m 6.1m Cornell Court Existing Accessory Building OD cezy PICKERING City Development Department Submitted Plan File No: P/CA 65/18 Applicant: D. Bowler & M. Tayler Property Description: Blk 27, 40M1609, and Blk 39, 40M1682 (1305 Cornell Court) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING . CITY DEVELOPMENT DEPARTMENT. ' DATE: August 7, 2018 L:\Planning\Corel\Planning\ Apps\PCA\2018 C4 �f DICKERING Report to 29 Committee of Adjustment Application Numbers: P/CA 66/18, P/CA 67/18 & P/CA 68/18 Date: August 22, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Applications P/CA 66/18, P/CA 67/18 & P/CA 68/18 J. Butler & A. & K. Wald 467 Rosebank Road & 471 Rosebank Road Applications The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: P/CA 66/18 (Proposed Lot 1) • to permit a minimum lot frontage of 15.2 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum lot area of 509 square metres, whereas the by-law requires a minimum lot area of 550 square metres., • to permit a minimum front yard setback of 6.0 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a minimum side yard width of 1.2 metres on both sides, whereas the by, -law requires minimum side yard width of 1.8 metres where agarage is erected as part of a detached dwelling • to permit a maximum lot coverage of 51 percent, whereas the by-law permits a maximum lot coverage of 33 percent P/CA 67/18 (Proposed Lot 2) • to permit a minimum lot frontage of 15.2 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum lot area of 509 square metres, whereas the by-law requires a minimum lot area of 550 square metres • to permit a minimum front yard setback of 6.0 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a minimum side yard width of 1.2 metres on both sides, whereas the by-law requires minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling • to permit a maximum lot coverage of 51 percent, whereas the by-law permits a maximum lot coverage of 33 percent 30 Report P/CA 66/18, P/CA 67/18 & P/CA 68/18 August 22, 2018 Page 2 P/CA 68/18 (Proposed Lot 3) • to permit a minimum lot frontage of 15.2 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres • to permit a minimum lot area of 509 square metres, whereas the by-law requires a minimum lot area of 550 square metres • to permit a minimum front yard setback of 6.0 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a minimum side yard width of 1.2 metres, whereas the by-law requires minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling • to permit a minimum flankage yard setback of 2.5 metres, whereas the by-law requires a minimum flankage yard of 4.5 metres • to permit a maximum lot coverage of 46 percent, whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these minor variance applications in order to facilitate the creation of three additional lots through the Region of Durham's Land Division Committee (File Numbers LD 104/18, LD 105/18 & LD 106/18), and to obtain building permits for the construction of three single detached dwellings. Recommendation P/CA 66/17, P/CA 67/18 & P/CA 68/18 The City Development Department recommends that Minor Variance Applications P/CA 66/18, P/CA 67/18 & P/CA 68/18 be Tabled until additional information regarding the extension and/or completion of Gillmoss Road and Dunn Crescent is provided to the satisfaction of the City. Background The subject minor variance applications are associated with Region of Durham Land Division Applications LD 104/18, LD 105/18 & LD 106/18. Land Division Applications LD 104/18, LD 105/18 & LD 106/18 are intended to facilitate the creation of three new residential parcels to front onto Rosebank Road, while creating a Targe remnant parcel to the rear intended for future development. The applicant has submitted Minor Variance Applications P/CA 66/18, P/CA 67/18 & P/CA 68/18 in order to obtain zoning compliance for the three lots proposed to front on Rosebank Road. In a letter dated August 10, 2018, the City of Pickering City Development Department, recommended that the Region of Durham Land Division Committee table Land Division Applications LD 104/18, LD 105/18 & LD 106/18 until additional information regarding the extension and/or completion of Gillmoss Road and Dunn Crescent are provided. On August 13, 2018, the Region of Durham Land Division Committee tabled the subject Land Division Applications at the request of City staff. Report P/CA 66/18, P/CA 67/18 & P/CA 68/18 August 22, 201831 Page 3 The subject lands are located on the east side of Rosebank Road, directly south of Gillmoss Road and are within the Rosebank Neighbourhood (see attached Location Map, Exhibit 1). The Rosebank Neighbourhood Policies, Map 11 of the Pickering Official Planidentifies a number of proposed road connections within the immediate area of the subject lands. The proposed road connections include a proposed easterly extension to the west portion of Gillmoss Road to connect with east portion of Gillmoss Road. Also proposed through the Neighbourhood Policies is the northerly extension of Dunn Crescent to make a connection with Gillmoss Road. Currently, the west portion of the Gillmoss Road municipal right-of-way extends approximately 79.0 metres east from Rosebank Road prior to terminating at private property. The north terminus of Dunn Crescent is located south of the subject lands. An additional property is located between the terminus of Dunn Crescent and the subject lands (see attached Location Map, Exhibit 1). The applicant is proposing to create three new lots fronting Rosebank Road while creating a remnant parcel to the east for future development. Due to the subject lands strategic location in relation to proposed road connections as outlined under the Official Plan and the applicant's intention to create a parcel for future development, City staff will require additional information on the feasibility of extending Dunn Crescent north towards Gillmoss Road. City staff will also require information to be submitted that demonstrates how the extension and urbanization of Gilmoss Road (eastward from Rosebank Road) can occur. Staff consider the proposed Minor Variance Applications to be premature, as the details regarding the extension or termination of Gillmoss Road and the extension of Dunn Crescent have not been provided. In addition it is unclear if the proposed lots fronting Rosebank Road would be impacted in accommodating potential roadworks. City of Pickering staff will assess the appropriateness of the applicant's proposal and provide comments on the proposed variance applications following the submission of detailed information which addresses the potential extension and completion of Dunn Crescent and Gillmoss Road. Input From Other Sources Engineering Services Date of report: August 16, 2018 Comments • re • ared b Cody Morrison Planner CM:DW:jI • no comments on the application Deborah Wylie, MCIP, RPP Principal Planner — Development Review J:1Documents1Developmenl\D-3700 '20181PCA 68-18 to PCA 68-18 J. Butler & A. & K. WaId'Repor8PCA 66-18 to 68-18 Report.doc Attachment Exhibit 1 •3 2 0 -0 0 3 CIS 0 Rou • 0 U a 0 0 U 0 0 s Crescent 0 0 Staghorn Road 0 0 , '1, OP .11 No- sm— oc I r 0 r_ Foster Cou °OW!iiIi _W !Vtaiiuiiiii 'ui"i"iui 0 0 0 'er EL KMc4- U y emount Drive Subject Lands Nomad Road 0 0 0 v Wool Rodd Avenue 4 Location Map File: P/CA 66/18 to P/CA 68/18 PICKE RI NG City Development Department Applicant: J. Butler, A. & K. Wald Property Description: Lots 60, 61 Plan 418 467 & 471 Rosebank Road)e Date: Jul. 23,2018 ' he Corporadon al the City of Pickenng Produced (tn pa 51 un der hen 4o m:' ns Pnnter, Ontario I,(35y of Na lural Resources. AO rights reserved.;' Her Majesty the Oueen in Rlght of Canada, Department of Natural Resources. AO rights reserved.; 'Teranet Enterprises Inc. end its suppliers ail rights reserved.;' MuNdpal Property Assessment Corporation and Its suppers all rights reserved; SCALE: I.Jr r(](]Q THIS IS NOT A PLAIT OF SURVEY. Exhibit 2 Proposed Lots 1,2 & 3: To permit a minimum front yard setback of 6.0 metres Proposed Lots 1 & 2: To permit a maximum lot coverage of 51 percent Proposed Lots 1 & .2: To permit a minimum side yard width of 1.2 metres on both sides Proposed Lots 1,2 & 3: To permit a minimum lot frontage of 15.2 metres Lot 11Fr P/CA 66/18 t,2m [4' Lot 2-/` _P/CA 67/18_ ,~ I —1.2m [4'i..ot 3 P/CA 68/18 Remnant Parcel 2.5n, Proposed Lots 1,2 & 3: To permit a minimum lot area of 509 square metres Proposed Lot 3: To permit a maximum lot coverage of 46 percent Proposed Lot 3: To permit a minimum side yard width of 1.2 metres and a minimum flankage yard setback of 2.5 metres Gd PICKERING City Development Department Submitted Plan File No: P/CA 66/18, P/CA 67/18 & P/CA 68/18 Applicant: J. Butler & A. & K. Wald Property Description: Lots 60, 61 Plan 418 (467 & 471 Rosebank Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. 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Nh Pe.4cErr at 4' OO I- i 1 STEPPED FOOTING �L __, 1•" — sm Also SANT FLAN FCR exrer r I J I 1 L_-1 L_ -J — Submitted Front Elevation C-lYo� File No: P/CA 68/18 P 1 C KE R1 N G Applicant: J. Butler & A. & K. Wald Property Description: Lots 60, 61 Plan 418 City Development (467 & 471 Rosebank Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OFPICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 2, 2018 L:\Planning\Corel\Planning\Apps\PCA\2018 c44 DICKERING Report to 37 Committee of Adjustment Application Number: P/CA 69/18 Date: August 22, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 69/18 A. & J. Kimble 945 Essa Crescent Application The applicant requests relief from Zoning By-law 2520, as amended: • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit partially covered steps to project 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 The applicant requests approval of these variances in order to obtain a building permit for the construction of an addition to the existing dwelling. Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the detached dwelling, as generally sited and outlined on the applicant's submitted plans (refer to 'Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by August 24, 2020, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Areas" within the West Shore Neighbourhood Zoning By-law 2520 — "R4"- Residential Fourth Density Zone 38Report P/CA 69/18 August 22, 2018 Page 2 Appropriateness of the Application Lot Coverage Variance 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 ensure an adequate amount of outdoor amenity area remains uncovered by buildings. The Zoning By-law permits a maximum lot coverage of 33 percent. The applicant has requested a variance to increase the maximum lot coverage to 37 percent in order to account for both the existing dwelling and the construction of a new addition. • The proposed addition will maintain the required setbacks from the front, rear and side lot lines which will minimize any visual impacts on abutting properties. The size and scale of the proposed dwelling is appropriate for the size of the subject property. Additionally, the requested increase in lot coverage is marginal in nature and will ensure a sufficient amount of outdoor amenity space is left uncovered by the dwelling within the front and rear yards. Partially Covered Steps Variance The intent of the maximum permitted projection of uncovered steps or platforms into the required front yard is to accommodate a landing area and stairs, while ensuring an appropriate setback is maintained within the front yard to provide an adequate landscaped area and maintain a consistent streetscape. The by-law permits uncovered platforms and steps not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard. The applicant is requesting partially covered steps be permitted to be within the required front yard. The proposed steps will provide access to a small porch landing at the front of the dwelling and the front door. A total of two steps are required to obtain access to the landing, of which only a portion are covered by the dwelling's roof overhang. If the steps were not partially covered by the roof overhang, a variance would not be required. The applicant is maintaining the required front yard depth of 7.5 metres between the front lot line and the nearest exterior wall of the dwelling and the front porch landing. Therefore, the proposed steps will be sufficiently setback from the front lot line and will not result in a loss of landscaped open space within the front yard. These requested variances are minor in nature, desirable for the appropriate development of the property and maintain the purpose and intent of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services • no comments on the application Report P/CA 69/18 August 22, 2018 3 9 Page 3 Date of report: August 14, 2018 Comments prepared by: Cody\ ororrison Planner II` CM:DW:jc J9Documents\Developrnent0-370012016WCA 69-161ReportlPCA 69-18 Report.doc Attachments Deborah ylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 �+u gayly Stre Hillcrest Road Vicki Drive parkCrescet West Shore Boulevard wimplum liark- iiiiiil Cec Iia Court I1111111 Lynx Avenue Oliva Street ° m Vistula Drive :V/1////// leg fir Subject �'* ■ Lands I °4� ■ shore Court�• Timmins Gardens Ba 0) Oklahoma Drive m E n Mink Street Sunrise Avenue C44 Location Map File: P/CA 69/18 PICKERI NG City Development Department Applicant: A. & J. Kimble Property Description: Lot 629 Plan M18 945 Essa Crescent) Date: Jul. 20, 2018 e^o he Corporation of the Crty of Prckenng Produced VI part) under kerma from: QQueens Pdnler, Ontario WI miry of Natural Resources. All Fights reserved ,s Her Wiest/ the Queen in Right of Canada, Department of Natural Resources. Aff rights reserved.; D Tenant Enterprises Inc. and its suppli rs all dolts reserved.;® Municipal Property Assessment Corporation and Is suppSers all rights reserved.; SCALE. 1:5,000 THIS IS NOT A PLAN OF SURVEY. Exhibit 2 41 N 04 5520'E PROPERTY UNE 50-0' To permit a maximum lot coverage of 37 percent LOT 629 Ir (s.97x7 su PY'AI rsal' tt l 1 L. s O p.sh! r r B 4 Rµhq Ar, PROPOSED NEW GARAGE PND LAUNDRY ROOD .�.' , ;rt ;!:' X %/,.%. .v.%: .!' '�'%' �'••,:' EXISTING 2 STOREY DWELLING w Z 7 a %ti: �;•}, x �; �,.,%''.� EXISTING ENCL05E0 GARAGE TO BE REMOVED •rr:-;r, �'• z' �� w 7A-:'JY'�4- ;l f �< -' J O Z /./ r. : ;.', ' 2 8.21.0.04I PROPOSED NEW FRONT RAN EXTENSION To permit E. partially covered steps t6 project into the required front yard ,,, q b . N 04.5520'E PROPERTY UNE 500' ESSA CRESCENT • Site Plan • c4 4 File No: P/CA 69/18 PICKERING Applicant: A. &J. Kimble City Development Property Description: Lot 629 Pian M18 Department (954 Essa Crescent) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 2, 2018 g 42 Exhibit 3 Cz4 °4 PICKERING City Development Department Front and Rear Elevations File No: P/CA 69/18 Applicant: A. & J. Kimble Property Description: Lot 629 Plan M18 (954, Essa Crescent) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 2, 2018 Exhibit 443 PICKERING City Development Department Side Elevations File No: P/CA 69/18 Applicant: A. & J. Kimble Property Description: Lot 629 Plan M18 (954 Essa Crescent) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 2, 2018 44 c4 DICKERING Report to Committee of Adjustment Application Number: P/CA 70/18 Date: August 22, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 70/18 S. Della Porta 220 Martins Street Application The applicant requests relief from Zoning By-law 3036, as amended • to permit an accessory building (detached garage and cabana) with a maximum height of 5.7 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 • to permit an accessory building (detached garage and cabana) to be erected on the property outside of the rear 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 these variances in order to obtain a building permit to construct an accessory building (detached garage and cabana) as part of a proposal for a new detached dwelling. Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed accessory building (detached garage and cabana), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtains a building permit for the proposed construction by August 24, 2020, or this decision shall become null and void. Report P/CA 70/18 August 22, 201845 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan — "Rural Settlements — Rural Clusters" within the Hamlet of Cherrywood and Area Zoning By-law 3036, as amended — "R3" — One Family Detached Third Density Zone Appropriateness of the Application Accessory Building Maximum Height Variance and Outside the Rear Yard Variance The intent of the maximum height of 3.5 metres for accessory buildings in a residential zone is to minimize the visual impact that these structures may have on abutting properties, and on the streetscape, to protect the privacy of abutting property owners and to ensure that accessory buildings do not become the dominant buildings on residential properties. The applicant has requested a variance to permit an accessory building (detached garage and cabana) to have a maximum height of 5.7 metres. The proposed accessory building will be constructed in line with the rear yard and side yard setbacks of the proposed dwelling and will visually appear as an extension of the proposed one -storey dwelling. The proposed accessory building is in line with a carport/garage, that vehicles will drive through to access the proposed detached garage. The proposed increased height does not appear to subordinate the principal residential dwelling. The proposed detached garage will have minimal impact on the streetscape as it screened from the streetscape by the proposed dwelling. The proposed increase in height will have minimal impact on abutting properties, as it will be set back 1.8 metres from the east lot line, in line with the proposed dwelling. Accessory Building Not Located in the Rear Yard The intent of the requirement for accessory buildings to be located in the rear yard is to maintain a visually attractive streetscape, maintain adequate buffer space between buildings on a property and street activity and avoid adverse impact on the streetscape. Rear yard in Zoning By-law 3036 is defined as "the yard extending across the full width of the lot between the rear lot line and the nearest wall of any main building on the lot for which the yard is required". The proposed dwelling is designed in an L shape resulting in the proposed accessory building being located in line with the dwellings nearest wall to the rear yard, and the dwelling's nearest wall to the side yard. In effect, the proposed accessory building is not located in any yard of the property. The proposed accessory building will however be located behind the bulk of the main building and will be not visible from the streetscape. The location of the proposed accessory building maintains the intent of the zoning by-law. 4 6 Report P/CA 70/18 August 22, 2018 Page 3 Staff is of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the land and maintain the purpose and intent of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services Date of report: August 16, 2018 Comments prepared by: Com. Rory McNeil Planner I RM:DW:jl NTS \CSOC Wnandaidors\templates\CA1pro©rammedVCA Report.doc Attachments • no comments on the application Deborah Wylie, MCIP, RPP Principal Planner , Development Review Exhibit 1 7 Third Concession Subject Lands oad a CO0 0 ;•;••e Martins Street Davidson Street CI 0) Cherrywood Avenue a 0 0 ro 0 Q City Location Map . File: P/CA 70/18 of PICKERING City Development Department Applicant: S: Della Porta Property Description: Lot 11 Plan 538 220 Martins Street) Date: Jul. 31, 2018 9 he Corporation of the City of Pickering Produced(o part)under license from 0 Omens Flutter, Ontano Ministry of Natural Resources. All rights reserved,@ Her Majesty the Queen in Right of Canada, Department of Natural Reso groes. Al rights reserved.; 9 Tanner Enterprises Inn and its suppliers all rights rescued.;0 Murcdpal Plop eity Assessment Corporation and is suppfers all rights reserved.; SCALE. :5,000 THIS IS NOTA PLAN OF SURVEY. 48 Exhibit 2 .W7; �4e, ukf'sncc�`'si1` +r Z Vic' y 1 PJ PA/i'i ! 40R-4954 icy ilul.ail _ Gaur 7Nkns,.,°1 Or<3,q A' a,2 a E:. Proposed Dwelling 1bZ33T I •� iG.U. L 1 S i ,E1 „A). . 6+Nxac 2R e I 214 I 6z -4 I 28.98 nn I g •11' J Fircr 71'897., 61'4 As" �.es3< \, YyA 62 'a.Irar< of A.>=ar Pu.wmI a62• PIN 26370 - O4'4 (Fats; t /) �.9 F14,1-1' ,V 1R "-N RO 1 f) \ (Uy Rey>rrrvf Pec 339) OHP: SII 6'<' az: 112.6-' 52.15 &) okee nrsb,t E Slce: 4'336 577EET to permit an accessory building (detached garage and cabana) with a' maximum height of 5.7 metres in a residential zone to permit an accessory building (detached garage and cabana) to be erected on the property outside of the rear yard Proposed Garage and Cabana T PICKERING City Development Department Site Plan File No: P/CA 70/18 Applicant: S. Della Porta Property Description: Lot 11 Plan 538 (220 Martins Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 7, 2018 Exhibit 349 TO'P OF {¢GNESrnoCFPOTM Tt rWl11111111111111Y11t r=te I '— r�11w1..1r rrrr� u rrrr CI) MAY Illilinflattalf1011•111MINIMI rr rri�un•i irrjoi IMIEMEIM ■.rrs..rew r 1•f1OR1111i1•i! W rs•�oio111111111111301111.1011113110 . rrs =' lri� rrrrrrrr iiia/�irr as rrr mnE�ri Is_ r rMOM r TOP OF bOUBLETOP PLATE TOP OP GARAGE SLAB EL West Elevation a UIS OF FOOIIIJC EQUAL EQUAL 2' .SSSSSiiiii•iiiii■iiii► ••i.iii eiiiiii1 .Air i 2' ;I's_TOP OF H6HE51 ROOFPODJT na I'tzl..l-�A.�._t- r` -i :�l I ' 1 ' • saMININI.rmwrni rsrsr>rrrrMII rr J_1 TOP OFDOUBLE TCP PLATE TOP OF BARAGE9.A0 South Elevation U/S OF FOOTIN5 PICKERING City Development Department Submitted Elevations File No: P/CA 70/18 Applicant: S. Della Porta Property Description: Lot 11 Plan 538 (220 Martins Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 7, 2018 50 C4 0�1 DICKERING Report to Committee of Adjustment Application Number: P/CA 71/18 Date: August 22, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 71/18 M. & S. Lall 2187 Duberry Drive Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 2024/85: • to permit an uncovered platform (deck) not exceeding 1.4 metres. in height above grade to'project a maximum of 3.4 metres into the required rear 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 rear yard • to recognize an existing accessory structure setback a minimum of 0.9 metres from the north and east lot lines whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metres from all lot lines The applicant requests approval of these variances in order to obtain. a building permit for the construction of an uncovered platform (deck) within the rear yard and to recognize an existing accessory structure setback. Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends. Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed deck and existing accessory structure, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2). 2. That the applicant obtains a building permit for the proposed construction by August 24, 2020. Report P/CA 71/18 August 22, 201851 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Areas" within the Brock Ridge Neighbourhood Zoning By-law 3036 — "S3" Appropriateness of the Application Uncovered Deck Projecting into the Required Rear Yard Variance The intent of the zoning by-law provision requiring maximum projections of platforms into the rear yard is to ensure that any structures can be appropriately maintained without having to encroach onto abutting properties, to minimize any adverse impact on adjacent neighbours such as privacy and to ensure that an adequate outdoor amenity area is provided within the rear yard. The applicant has requested permission to construct an uncovered deck not exceeding 1.4 metres in height to project 3.4 metres into the required rear yard whereas the by-law permits a maximum projection of 1.5 metres into the required rear yard. The required rear yard for the zone is 7.5 metres and the applicant currently provides a rear yard of 4.25 metres from the existing dwelling to the rear lot line. The applicant would maintain a rear yard setback of 4.25 metres from the edge of the proposed deck to the rear lot line. The proposed projection of the uncovered deck into the .required rear yard would still allow for adequate space for maintenance and would ensure that an adequate outdoor amenity area is provided within the rear yard, as well as providing enough privacy and enjoyment of space for adjacent neighbours. Accessory Structure Rear and Side Yard Setback The intent of the minimum yard requirement is to provide an appropriate separation between structures on abutting properties, drainage and maintenance and to minimize the impact of structures on neighbouring amenity spaces. The existing accessory building (shed) is setback 0.9 of a metre from the east and north lot lines, whereas the by-law requires that an accessory structure with a height greater than 1.8 metres be setback minimum 1.0 metre from all lot lines. The proposed 'side and rear yard setbacks will provide an adequate separation between the dwelling and the property lines to accommodate maintenance access and drainage. It appears that the proposed setbacks will have minimal impact on the adjacent property to the east and north The requested variances are minor in nature, desirable for the appropriate development of the land and maintain the intent and purpose of the Official Plan and Zoning By-law. 52 Report P/CA 71/18 August 22, 2018 Page 3 Input From Other Sources Engineering Services Date of report: August 16, 2018 Comments prepared by: Elizabeth Martelluzzi Planner II, Heritage EM:DW:jc J:1DocumenIs\DevelopmenllD-370012018 PCA 71-18 ReporllPCA 71-18 Reporl.doc Attachments • no comments on the application //1 �Jl! Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 3 11 tri osurifsh• op NO mow N► Illiilll I�- �_= ,n♦ gin 8Esi, s p i�- —■ '11111I11Gate- v:■ !.5 kW. t 111 11I1� c IL4 I Subject " Lands' inn Amyl= 0 *NT ...r.r. -V = Ilitih `Couedge `..�i� �� �°' `� 1.1 1 44*�X11/1101111111,s �I, `�� onii MB 011111= 11/ 011116mo *di/ r..** . ifImas rot. .......*, ,e, ,`•i o Rayleen0 :roc Roa. [LI <<II(I Saffron Drive C4o/ PICKERING City Development Department Location Map File: P/CA 71/18 Applicant: M. & S. Lall Property Description: Lot 10 Plan 40M1380 (2187 DuberrDrive) it The Corporation of the City of PiJrenng Produced (m part) under license from:0 Cueens Printer, OMano Mstbuy o/NaturaI Resources. Ail tights reserved.I Her Majesty the Queen in Right of Canada, Deparlme5 or Natural Resources. Al dghs tesnvetl.; Teranel Enterpdses Inc. and Ns suppliers all rights reserved.; 0 MUN6pal Property Assessment Corpoalbn and Is suppEers all rights reservetl Date: Jul. 30, 2018 SCALE: 1:5,000 THIS IS NOT A PIAN OF SURVEY. Exhibit 2 L:\Planning\C ore r P Ian ning\Ap ps\PCA\2018 N 0, ., 2 m ' rel N 81' , 51 W 0.9m •30" E To recognize an LLi o co n 14.631P1 051 LOT H arafiartimmommenatatmorrar �� (x2; ' 7 12.5 (PLis L� ^1 0.9m (_�� 1 _ existing accessory structure setback a minimum of tr)_ !r I 1 3.G2 �-rr-:F772` 1.99 1'`6 :�J••''i -11I. ,l 4 ' _ _ 1-'/,l? 1 e 0.9 metres from the north and : /./7,''. I 178 1, , l ; I'II.J ! 4O1�_9 a 9l lot lines ,,,,4:\ :�,,, 7 east m O 0 A N , 4() 'v 8 To permit an uncovered platform (l ® CO r P• a N __ p M _/ m 0 >' `' �C/ � ! I.7i _ ry 11i) (deck) not m 3.62 ; �ll7" r `�\ exceeding 1.4 metres in height above grade to project a maximum z 0 P.C. •o c.F i, o 193_ I. I C.F , ®LL 0 , " R. SC S'-- l ZOO of 3.4 metres into ,title/ 80' the required rear yard. to ' 4' ?�. 0o ��'%'"k• N M w t2so twtas) o In 5 0 .:.°� tPLUSI 9.63 16 (PL9M1 v 12.50 _(_1157 � .. .. .._.__—td 61® 51' 30" E --__• PC. (GOVERNING OEARINGI . NI /\ DUBERRY - pi N DRIVE '. Submitted Plan (4 4 File No: P/CA 71/18 PICKERING Applicant: M. & S. Lall Property Description: Lot 10 Plan 40M1380 City Development (2187 Duberry Drive) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 2, 2018 L:\Planning\C ore r P Ian ning\Ap ps\PCA\2018 Exhibit 3 044 PICKERING City Development Department Submitted Elevation File No: P/CA 71/18 Applicant: M. & S. LaII Property Description: Lot 10 Plan 40M1380 (2187 Duberry Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 2, 2018 L\Planning\Core\Planning 'A p ps1PCA12018 56 DICKERING Report to Committee of Adjustment Application Number: P/CA 73/18 Date: August 22, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application.P/CA 73/18 1585708 Ontario Limited 1095 Kingston Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4138/92 to permit a Day Nursery as an accessory use to a Commercial -Recreational Establishment, whereas the by-law does not permit a Day Nursery use on the subject lands. The applicant requests approval of this variance in order to permit a Day Nursery use to operate accessory to a proposed Commercial -Recreational Establishment (indoor commercial playground). Recommendation The City Development Department considers the requested variance 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 condition: 1. That the proposed day nursery shall only be permitted within the area of the existing commercial building identified as Unit 1 on the applicant's submitted plan (refer to Exhibit 2). Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property "Mixed Use Areas - Mixed Corridors" within the Liverpool Neighbourhood. Permissible uses within this designation include, but are not limited to: residential; retailing of goods and services generally serving the needs of the surrounding neighbourhoods; offices and restaurants; community, cultural and recreational uses, and special purpose commercial uses. The City Development Department considers a Day Nursery to be a service use under the Official Plan. Report P/CA 73/18 August 22, 201857 Page 2 The subject property is currently zoned "M1-SC30" within Zoning By-law 3036, as amended by By-law 4138/92, which permits a variety of specifically defined uses, including: commercial - recreational establishment, home improvement centre, duplicating shop, furniture or appliance store, light manufacturing plant, retail warehouse, place of amusement/entertainment, restaurant and warehouse. Appropriateness of the Application Proposal The applicant is requesting to expand the list of permitted uses on the subject property to accommodate a Day Nursery that is accessory tp a Commercial -Recreational Establishment (indoor commercial playground). The applicant has advised that the requested variance will not result in any exterior alterations to the subject property or to the existing building. Should any future significant exterior alterations be proposed, a site plan approval application will be required. The applicant is currently in the process of obtaining a building permit for interior alterations to the existing building to accommodate an indoor commercial playground, intended for school - aged children. An indoor commercial playground is considered a commercial -recreational establishment, as defined the by the zoning by-law. As noted above, a commercial -recreational establishment is a permitted use on the subject property. The applicant is proposing to operate a day nursery accessory to the indoor playground. The day nursery is intended to provide after-school programs and childcare for school -aged children. Conforms to the Intent of the Official Plan The subject property is designated "Mixed Use Areas — Mixed Corridors" under the Pickering Official Plan. Lands designated "Mixed Use Areas — Mixed Corridors" are intended to accommodate a wide mix of uses that serve the needs of the surrounding community residents and businesses, including: residential; retailing of goods and services; offices and restaurants; community, cultural and recreational uses, and special purpose commercial uses. The proposed day nursery will provide after-school child care services to both the immediate community as well as those in the broader area. Staff are of the opinion that the requested variance to permit day nursery accessory to a commercial -recreation establishment is consistent with the intent of the Official Plan. Conforms to the intent of the Zoning By-law The subject property is currently zoned "M1-SC30" within Zoning By-law 3036, as amended by By-law 4138/92, which permits a variety of specifically defined commercial uses. A commercial recreational establishment is a permitted use on the subject lands. In accordance, with the permitted uses the applicant is proposing to operate an indoor commercial playground. 5.8 Report P/CA 73/18 August 22, 2018 Page 3 A day nursey use, is similar to the proposed commercial -recreational establishment as they both offer programming to school -aged children. The addition of a day nursery as a permitted use, operating accessory to a commercial recreation establishment, will allow the applicant to provide an extension of the offered programming and provide an additional service of childcare for school -aged children. The intent of the zoning by-law is to provide for a range of commercial uses, including a variety of services. The proposed variance maintains the general intent of the Zoning By-law as the addition of a day nursey expands the existing service uses permitted on the subject lands. Desirable for the Appropriate Development of the Land No exterior alterations to the existing building are proposed to accommodate the proposed use, however, interior alterations to the unit will be completed in order to accommodate the proposed use. In order to operate the proposed day nursery, which will provide temporary care and programming for school -aged children under 13 years old, the Ontario Ministry of Education requires the applicant obtain a license. In order to obtain a license, the operator must provide information outlining the businesses policies, operation plan and equipment to the satisfaction of the Ministry and undergo regular inspections. The proposed use will not result in any negative impacts on adjacent tenants or property owners as the programming and operation of the day nursery will be similar to that of a commercial -recreational establishment, which is currently a permitted use on the subject lands. The lands immediately to the east, on the adjacent side of Dixie Road are also zoned to provide for a wide variety of commercial uses, including a day nursery. The proposed day nursery use on the subject lands willbe consistent with the range of permitted uses within the immediate area. The proposed variance to permit a day nursery is desirable for the appropriate development of the land, as the proposed use will be accommodated within the existing building, will supplement similar uses currently permitted on the subject lands and will be compatible with the permitted uses within the immediate area. Minor in Nature The requested variance to permit a day nursery accessory to.a commercial -recreational establishment (indoor commercial playground) is minor in nature. The proposed use is similar in nature to the permitted uses on the subject lands. In addition, the proposed use will be accommodated within an existing unit (Unit 1) of the building, with no exterior alterations to the building being proposed. In conclusion, staff are of the opinion that 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. Report P/CA 73/18 August 22, 201859 Page 4 Input From Other Sources Engineering Services • no comments on the application Toronto & Region Conservation Authority • no objections to the approval of the application Date of report: August 15, 2018 Comments prepared by: Cody Planner 11 CM:DW:jc J:1Documents\Development\o3700\2018\PCA 73-18\Report PCA 73-18 Report.doc Attachments Deborah Wylie, MCIP, RPP Principal Planner, Development Review. Exhibit 1 00 Court Storringk Subject Lands C4 Location Map File: P/CA 73/18 o11 . PICKERING City Development Department Applicant: 1585708 Ontario Limited Property Description:South Part of Lot 25 Concession 1 Now Part 1 and Part of Parts 2 & 3, 40R1860 51 095 Kingston Road) Date: Aug. 08, 2018 O The Corporaion of the City of Pickering Produced( in part) under license from:® ns Pnnler, Ontano Ministry of Natural Resources. Alt rights hts reseed.Her Majesty the Oueen In Right of Canada, Department of Natural Resources. A@ rights reserved.; O Teranet Enterprises Inc. and ils supplkR all tights reserved.;® MuNdpal Property Assessment Corporation and 2s suppliers ail rights reserved, SCALE: 1:5,000 THIS IS NOT A PLAN OF SURVEY. Exhibit 2 cfl• u�. KINGSTON ROAD (HIGHWAY NO. 2) -- //4 H I \\\\\\\\\\\\\\\\\\\\\\\\\\`4 V I I I `\ UNIT,— — GR 14 -1384 it\ \ 1095 KINGSTON ROAD ,\ \ EXISTING ONE STOREY \ STEEL AND PRECAST BUILDING " nt i \le To permit a day nursery as an accessory use to a Commercial - Recreational Establishment (indoor commercial71 playground) ',� Re ��.„, 94, O\ TyFi,N , o °S ti, ���` ° qrN. '4: 4°' ' ' 2 Submitted Plan . c44 File No: P/CA73/18 PICKERING Applicant: 1585708 Ontario -Limited Property Description: South Part of Lot 25 Concession 1 Now Part 1 and Part of Parts 2 & 3, 40R1860 City Development (1095 Kingston Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Auaust 2, 2018 L:\Planning\Corel\Plan n in g\Ap ps\PCA\2018 62 c4 DICKERING Report to Committee of Adjustment Application Number: P/CA 74/18 Date: August 22, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 74/18 Emix Limited 1099 Kingston Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 6777/07 to permit an animal boarding establishment in association with a Service Shop (dog grooming facility), whereas the by-law does not permit an animal boarding facility. The applicant requests approval of this variance in order to permit a portion of the existing building to be used for an animal boarding establishment in association with a proposed dog grooming facility. Recommendation The City Development Department considers an animal boarding establishment 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, subjectto the following conditions: 1. That an animal boarding establishment shall mean a building, structure or part thereof, where dogs, cats and other domesticated animals, excluding livestock, are groomed, trained or kept for a fee on a temporary basis and may include outdoor facilities. 2. That the proposed animal boarding establishment shall only be permitted within the area of the existing commercial building identified as Unit 7 on the submitted plan (refer to Exhibit 3). Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property "Mixed Use Areas — Mixed Corridors" within the Liverpool Neighbourhood. Permissible uses within this designation include, but are not limited to: residential; retailing of goods and services generally serving the needs of the surrounding neighbourhoods; offices and restaurants; community, cultural and recreational uses, and special purpose commercial uses. The City Development Department considers an animal boarding establishment to be a service use under the Official Plan. Report P/CA 74/18 August 22, 201863 Page 2 The subject property is currently zoned "MU -22" — Mixed Use Zone within Zoning By-law 3036, as amended by By-law 6777/07, which permits a variety of specifically defined uses, including: an assembly hall, business office, commercial -recreational establishment, commercial club, commercial school, day nursery, discount department store, drug store, dry cleaning depot duplicating shop, financial institution, furniture & appliance store, food store, outdoor storage, display and sale of retail and garden center products, personal service shops, professional office, place of amusement/entertainment, restaurant, retail store, service store, and residential apartments. Appropriateness of the Application Proposal The owner of the subject lands is requesting to expand the list of permitted uses on the subject property to include an animal boarding establishment in association with a Service Shop (dog grooming facility). The applicant has advised that the requested variances will not result in any exterior alterations to the subject property or the existing building, however internal alterations will be required to accommodate the proposed uses. The site plan for the existing building was approved in 1988. If any future significant exterior alterations are proposed, a site plan approval application will be required. The applicant is proposing to operate the animal boarding facility in association with a dog grooming facility. A dog grooming facility is currently a permitted use on the subject lands, as it is considered a Personal Service Shop use under Zoning By-law 6777/07. The dog grooming facility and animal boarding establishment are proposed to operate out of a unit within the existing commercial building; as indicated on Exhibit 3. Conforms to the intent of the Official Plan The subject property is designated "Mixed Use Areas — Mixed Corridors" under the Pickering Official Plan. Lands designated "Mixed Use Areas — Mixed Corridors" are intended to accommodate a wide mix of uses that serve the needs of the surrounding community and residents,, including: residential; retailing of goods.and services; offices and restaurants; community, cultural and recreational uses and special purpose commercial uses. The proposed use of an animal boarding establishment will provide a pet care service to the community, including residents and employees within the surrounding area. Therefore, staff are of the opinion that the requested variance to permit an animal boarding establishment in association with a dog grooming facility is consistent with the intent of the Official Plan. Conforms to the intent of the Zoning By-law The subject property is zoned "MU -22" — Mixed Use Zone within Zoning By-law 3036, as amended by By-law 6777/07, which permits a variety of specifically defined commercial uses, including offices, retailing, personal services and restaurants. As noted above, a permitted use on the subject property includes a "Personal Service Shop" and "Service Store". 64 Report P/CA 74/18 August 22, 2018 Page 3 A dog grooming facility is recognized as a personal service shop under this by-law. An animal boarding facility, as defined by the proposed conditions of approval, would be a similar use to that of a dog grooming establishment as it involves the supervision of domesticated animals through a specified period of time in the absence of an owner. Adding the use of an animal boarding facility will enable the business operation to care for animals without the requirement of being groomed as well as provide overnight boarding. The proposed variance would maintain the general intent of the Zoning By-law, which is to accommodate a wide range of commercial uses, including services, as the variance will expand the existing service uses permitted on the subject lands. Desirable for the Appropriate Development of the Land The subject lands are occupied by a two-storey commercial building, which accommodates,a wide range of commercial uses, as permitted by the zoning by-law. As indicated on Exhibit 3, the animal boarding establishment and dog grooming facility is proposed to operate within a unit (Unit 7) of the existing building. No exterior alterations are proposed, however, interior. alterations to the unit will be completed in order to accommodate the proposed use and ensure that no odor or noise impacts the adjacent unit tenants. Appropriate activity and rest space will also be provided within the unit to accommodate daily and overnight boarding. The proposed animal boarding establishment will be regulated by the City of Pickering Kennel By-law (By-law 6852/08). The operator will be required to obtain a license to operate the animal boarding establishment and will be required to meet specified criteria in relation to the care and housing of animals, facility standards, noise mitigation and waste. If the criteria as set by the Kennel By-law is not met, a license to operate can be revoked at any time at the discretion of the City Clerk. The lands immediately to the west, east and north are also all designated "Mixed Use Areas — Mixed Corridors" within the Pickering Official Plan. These lands are also zoned to provide for a wide variety of commercial uses, including retail, restaurant, offices and personal services. Therefore, the proposed use of an animal boarding establishment would be in keeping with the rangeof commercial uses permittedon the subject lands, adjacent lands and along Kingston Road. The proposed variance to permit an animal boarding establishment in association with a service shop is desirable for the appropriate development of the land, as the proposed use will be accommodated within the existing commercial building and will be compatible with the commercial uses permitted within the immediate area. Additionally, the proposed animal boarding establishment will be regulated by the City's Kennel By-law, which will ensure that the facilities are properly designed to accommodate the proposed used, while mitigating any negative noise or odor impact on adjacent tenants or land owners. Report P/CA 74/18 August 22, 201865 Page 4 Minor in Nature The request to add an animal boarding establishment use in association with a dog grooming facility (personal service shop) is minor in nature. The proposed use of an animal boarding establishment is similar in nature to the permitted uses on the subject lands, such as a personal service shop or service store. In addition, the proposed use will be accommodated within an existing unit (Unit 7) of the commercial building, with no exterior alterations to the building being proposed. In conclusion, staff are of the opinion that the requested variance is minor in nature, desirable for the appropriate development of the property and maintains the purpose and intent of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services • no comments on the application Toronto and Region Conservation Authority • no objection to the approval of the application Date of report: August 15, 2018 Comments prepared by: Cody Planner orri on CM:DW:jc • J:tDocuments\Developmenl\D-3700t2018\PCA 74-18 Emtx LtdMiepomPCA 74-18 ReporLdoc Attachments Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 'aT ii ii.°41, aNN, on A = ii„ m vigig C _mi = 11 0 re miom' II 0w—Amir 1 De4IW I. t � as hyo io �°r Lynall li\ O�°tea' issiio • ,i4pcs^, --,,, 0 0 1 Q MI111111111111 1 Meadowrdgo� 1111111,�y� 1111►_. kkbN/o��aston C Storrin� 111111 WQ(I ay qc'1 ,01•01' r gay Scree CO Sttee, o� `•`• Subject Lands at a ) ass ' C44 Location Map File: P/CA 74/18 PICKERING City Development Department Applicant: Emix Ltd. . Property Description:Part of Lot 24 Con 1 Now Parts 1 & 2, 40R12678 and Parts 2-4, 6-8, 40R16455 (1099 Kingston Road) Date: Aug. 02, 2018 ® The CorporMon of the Croy ofPtckenng Produced (tn pan) under license Iron Queens Printer, Ontano Ministry of Natural Resources. AS rights res erved.O Her Majesty the QUeen In Right of Canada, Department of Natural Resources. M rights reserved.; D Teranet Enlerpdses Inc. and lis suppfers aft rights reserved.; 0 Mn spat Property Assessment Corporation and its suppliers all rights reserved; SCALE: 1:5,000 THIS IS NOT APLAN OF SURVEY. Exhibit 2 4, _... ` • ! __._ . s,vent 7 nR+n NIGOO NG'S a K- 2 x ... ....>„� .....,.R THE KI / • moi s $ It a / /` R A• • .. �' O r +o P ti.. RT s .4.1. w �. •�.' R•ij�yTr ... `R°naa a .. ad is 1 �_r .;{ �' iiMr'� =.:�:, i_/ ------. 1 , 4.'4'44,, . ' "tt ,�=” _ " �' / •ea !gr.' . , /' THF � `, ��:�., / .fricwws — .=°�: � / \ --s.- `Submitted <,. o.. ,,• ~ // d �� 1 r J . To permit an animal boarding establishment use in association with a Service Shop (dog grooming facility) C4 4 SubmittedPlan File No: P/CA 74/18 PICKERING City Development Department Applicant: Emix*Limited Property Description: Part of Lot 24 Con 1 Now Parts 1 & 2, 40R12678 and Parts 2-4, 6-8, 40R16455 (1099 Kingston Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 8, 2018 L:\Planning\Core I\Planning \Apps \PCA\2018 Exhibit 3 71 X) 4.0 c4 U� PICKERING City Development Department Submitted Plan File No: P/CA 74/18 Applicant: Emix Limited Property Description: Part of Lot 24 Con 1 Now Parts 1 & 2, 40R12678 and Parts 2-4, 6-8, 40R16455 (1099 Kingston Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 8, 2018 L\Planning\Corel\Planning\Apps\PCA\201 B cis DICKERING Report to69 Committee of Adjustment Application Number: P/CA 29/18 Date: August 22, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 29/18 C. Newton 631 Liverpool Road Application The applicant requests relief from Zoning By-law 2520, as amended by By-law 5938/02, to permit a private school on the subject lands, whereas the by-law does not permit a private school. The applicant requests approval of this variance in order to expand the list of permitted uses on the subject property to include a private school. Recommendation The City Development Department considers the addition of a private school to be minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That the variance for a private school shall only be approved for a temporary period of two years from the date of this report. 2. That the variance for the private school shall only be permitted to operate within the ground floor and basement of the existing mixed-use building as illustrated on the approved site plan, dated February 9, 2018. 3. That the private school shall be limited to a maximum gross leasable floor area of 335 square metres. 4. That the private school shall not exceed a maximum of 70 students. 5. That the private school shall be permitted to operate from September 1st to July 1st between the hours of 7:00 am and 6:00 pm. 6. That no other non-residential uses be permitted to operate on the subject property concurrent to the hours of operation of the private school as noted in Condition 5 above. 7. That failure to comply with and maintain the conditions of the Committee will render the approved variance null and void. 70 Report P/CA 29/18 August 22, 2018 Page 2 Background In 2015, the Committee of Adjustment approved Minor Variance Application P/CA 94/14 to permit a commercial school on the subject property; reduce the minimum rear yard setback from 25.0 metres to 20.0 metres; increase the maximum projection into the south side yard from 0.9 metres to 1.3 metres; and reduce the minimum width of the two-way access drive aisle width from 6.5 metres to 3.8 metres. The Committee approved the variances on condition that the non-residential uses occupy only the ground floor and basement of the building and not exceed 360 square metres of gross leasable floor area. On October 30, 2015, the City issued site plan approval to permit a 3 -storey mixed-use building containing commercial uses on the ground floor and basement, and residential uses on the second and third storeys. Subsequent site plan amendments were issued on January 25, 2016 and February 9, 2018 for architectural changes to the building. Presently one dwelling unit and one accessory dwelling unit are permitted to occupy the second and third floors, with the third floor currently under construction. Approximately 335 square metres of gross leasable floor area is vacant on the first floor and basement. A single -lane drive aisle with a width of 3.8 metres provides access to the parking area at the rear of the building. A total of 20 parking spaces are available on site. On March 21, 2018, the applicant submitted Minor Variance Application P/CA 29/18, which requested to add private school as a permitted use on the subject property. At the April 18, 2018 Committee of Adjustment Meeting, P/CA 29/18 was tabled to allow the applicant to submit a Transportation Impact Study, a Parking Justification Report and to provide further details regarding the operation of the private school. The applicant has since submitted a Traffic Impact Study, prepared by GHD, dated July 9, 2018, and a Revised Traffic Impact Study with a parking analysis, also prepared by GHD, dated July 18, 2018, addressing comments from the City of Pickering's Engineering Services Department. A letter prepared by the Owner/Principal of Montessori Learning Centre, dated April 19, 2018 was also received outlining details on the operation of the private school. The proposed private school will occupy the first floor and basement of the existing mixed-use building. The school will accommodate 40 to 75 students between grades 1 to 8 and up to 5 staff members. It is noted that the first floor and basement could accommodate up to 100 students. Academic hours will be between 8:45 am and 4:00 pm, but operational hours for drop-off and pickup of children is expected to occur between 7:00 am at the earliest and 6:00 pm at the latest. The school will operate under the Durham District school calendar system and will be closed for Christmas, March Break and summer months. On June 11, 2018 and July 16, 2018, Carlos Newton, owner of the subject property, submitted petitions signed by 20 business owners/operators along Liverpool Road and 46 residents along Liverpool Road, Wharf Street, Front Road and Tatra Drive indicating support of a private school at 631 Liverpool Road. Report P/CA 29/18 August 22, 2018 Page 3 Appropriateness of the Application Conforms to the Intent of the Official Plan The Official Plan designates the subject lands as "Urban Residential Areas — Low Density Areas" within the Bay Ridges Neighbourhood. The subject lands are further identified as being within the Liverpool Road Corridor in the Waterfront Node of the Bay Ridges Neighbourhood. Official Plan policies restrict permissible uses in the Liverpool Road Corridor to retailing of goods and services, restaurants, offices, and community, cultural and recreational uses, to serve the tourist, recreational, boating and other community needs, as well as residential uses. The Official Plan contains policies encouraging appropriate restrictions on non-residential developments within "Urban Residential Areas" to prevent excessive commercial development, or where neighbourhood character constraints warrant. To ensure that the scale of the proposed use is appropriate for this site and does not negatively affect residents or the operation of other businesses in the area, conditions are recommended to restrict the approval to a temporary period of two years, limit the size of the facility in both area and number of students, and restrict other non-residential uses from operating concurrently on the site. The private school use, subject to appropriate conditions, will serve community needs. Subject to the recommended conditions, staff is of the opinion that the requested variance to permit a private school meets the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The subject property is zoned "MU -13" — Mixed Use within Zoning By-law 2520, as amended by By-law 5938/02 and varied by P/CA 94/14. Uses permitted on 631 Liverpool Road through By-law 5938/02 and P/CA 94/14, include bed and breakfast, business office, club, day nursery, detached dwelling, accessory dwelling unit, personal service shop, professional office, restaurant — type A, retail store, and commercial school. The "MU -13" Zone is intended to provide a mix of uses including residential units and retailing of goods and services. As noted, a day nursery and a commercial school are two of the uses permitted through By-law 5938/02 and P/CA 94/14, respectively. A private school is similar to the uses currently permitted on the subject property as it involves the education or care of children for gain or profit. By-law 5938/02 requires parking for all non-residential uses on the site to be provided at a rate of 5 spaces per 100 square metres GLFA, and requires three residential parking spaces for the dwelling unit and accessory dwelling unit. With a total GLFA of 335 square metres, 17 parking spaces are currently required for non-residential uses. Accordingly, By-law 5938/02 requires a total of 20 parking spaces for the uses currently permitted on the subject property. A total of 20 spaces are illustrated on the approved site plan. The general provisions of Zoning By-law 2520 require parking for private schools to be provided at a rate of 1 space per staff member and 1 space per 10 students. Using a maximum of 70 students and 4 staff members, as indicated in the Revised Traffic Study, the private school will require a minimum of 11 parking spaces. 7 2 Report P/CA 29/18 August 22, 2018 Page 4 The 11 parking spaces for the private school are intended for the 4 staff members and for the pickup and drop-off of students. Provided that no other non-residential uses operate on the site at the same time as the private school, the proposal will require less parking than other uses currently permitted on the property. Subject to the recommended conditions, staff is of the opinion that the requested variance meets the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land The Revised Traffic Study, prepared by GHD, analyzed expected traffic impacts on Liverpool Road and nearby intersections. The consultant collected traffic volumes on Wednesday, June 27, 2018 between the hours of 7:00 am to 9:00 am and 4:00 pm to 6:00 pm at the site entrance and at the intersection of Liverpool Road and Wharf Street. A detailed intersection capacity analysis was carried out to assess 2018 conditions and projected 2023 conditions based on a maximum of 70 students and 4 staff members. The consultant concludes that there will be sufficient capacity in the study road network to accommodate the traffic from the study site operating with acceptable delay. The consultant notes that a private school use is expected to have less of a traffic impact than other uses currently permitted on the property. As the Revised Traffic Study used 70 students in their analysis, staff recommends a condition limiting a maximum of 70 students to the proposed use. The Revised Traffic Study was circulated to Engineering Services for review and comment. Engineering Services staff noted that the software used by the consultant to analyze traffic impact registered the single -lane drive aisle as a two-lane drive aisle. The software used by the consultant is not programmed to register one-way drive aisles and cannot be modified to do so at this time. As a result, the actual level of service may be worse than anticipated by the consultant. Staff recommends a condition limiting the approval to a temporary period of two years to ensure that the proposed use does not negatively affect the operation of the site or traffic in the surrounding area. After a period of two years, the operation of the private school can be re -assessed. The consultant also conducted a Collision and Safety Analysis and a Sightline Review as part of the Revised Traffic Study. The consultant concludes that the proposed use is not expected to pose any safety concerns to surrounding road users and that sightlines at the existing approved access are not of significant concern. Subject to the recommended conditions, staff is of the opinion that the requested variance is desirable for the appropriate development of the land. Minor in Nature The request to add a private school of limited size in the existing building is not anticipated to have any significant impacts on the surrounding area. The similarity of the proposed use to other uses currently permitted 'on the site, and the addition of appropriate conditions intended to limit the size and use of the private school and other non-residential uses, will ensure that the proposed use will have minimal impact on the operation of the site and the surrounding area. Report P/CA 29/18 August 22, 201873 Page 5 Staff is of the opinion that the requested variance to permit a private school is minor in nature, desirable for the appropriate development of the land, and maintains the intent and purpose of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services • the Traffic Report indicates that a restaurant use is expected to result in greater traffic generation than a private school; however no trip generation analysis for a restaurant was provided • the Report indicates that the school will generate 45 inbound and 37 outbound trips during the morning peak hours, operating with an excellent level of service and minimal delay; however the Synchro 9 software used in the analysis has considered the single -lane access as a two-lane access • due to the one-way access, site traffic will have to wait for each other to exit/enter the site; the actual level of service will go down because of this issue • the traffic report noted that the applicant may use passenger vans of 12 person capacity to transport students to the proposed school; this would be preferred because it would generate less traffic on Liverpool Road and have less of an issue with a single - lane access Date of report: August 16, 2018 Comments prepared by: i Rory McNeil Planner I RM:DW:jc Deborah Wylie, MCIP, RPP Principal Planner, Development Review JAD-ocoments'Development\D-3700\20181PCA 2940V2eport\PCA 29-18 Report REVISED(nilesh's edits).doc Attachments Exhibit 1 14 c Bat t el tree tcrpoint reet Ilona Park Road t Foxc 1 1 1 love Avenue r 9 (1) 0 c 0 3 fv Commerce Street 0 0 0 0 > Wharf Street 1111111111111 I 111111111111 I "- p Broadview Stree Annland Street Subject Lands Sneerer Line I 1 Colmar Avenue • 41 city 4 Location Map File: P/CA 29/18 . PICKERING City Development Department Applicant: C. Newton Property Description: S Pt Lt 22, Range 3, B.F.C. 40R-20148 Part 1 (631 Liverpool Road) Date: Mar. 29, 2018 b The Corporaoon of the Cly of Pickering Produced (n pan) under Ircense from: 0 Queers Pnrter, txtano Muisay of Natural Resouces. All rights reserved.s Her Majesty the queen In Right of Canada, Oepadmert of Nahral RessnM liees. AI dolts reserved.; 0 Teranel Enterprises Inc. and Its suppPers ell rights reserved.;0Mun`elpal PropPropertyAssessmert Corporation as woof ere el lights reserved.; SCALE. 1:5,000 A PLAN OF SURVEY. THIS IS 110T5 Exhibit 2 LAPlanning Corel Planning‘Apps\PCA\2018 - .i.... . .... / I ....: . - ' • , . V I / To permit a private school on the subject lands - . .? . . . 3 • r :. il I i . ' . l' ••••• EP' ,...4 Er- DoAao rEncE To RE LONNA*. DP 01411ER or -- sot uvERPooL RoAD 0(14010 CDIISITOJCIION /1 \ TOTCV:ArlellIVC I ./ .-/tI / /.. _. ICD.EOARD I7 • •.;, . 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