Loading...
HomeMy WebLinkAboutNovember 8, 2023 Committee of Adjustment Agenda Hearing Number: 11 Date: Wednesday, November 8, 2023 pickering.ca Agenda Committee of Adjustment Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page Number For information related to accessibility requirements please contact: Secretary-Treasurer or Assistant Secretary-Treasurer Telephone: 905.420.4617 Email: citydev@pickering.ca 1. Disclosure of Interest 2. Adoption of Agenda 3. Adoption of Minutes from October 11, 2023 hearing 1-8 4. Reports 4.1 (Deferred at the October 11, 2023 Hearing) 9-19 P/CA 44/23 – 1285 Ilona Park Road 4.2 P/CA 47/23 – 1400 Rougemount Drive 20-32 4.3 P/CA 48/23 – 1467 Rosebank Road 33-44 4.4 P/CA 49/23 – 3490 Audley Road 45-51 4.5 P/CA 50/23 – 326 Dyson Road 52-64 5. Adjournment Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 1 of 8 Pending Adoption Present Omar Ha-Redeye Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Jasmine Correia, Assistant Secretary-Treasurer Isabel Lima, Planner II – Host Absent Denise Rundle – Vice Chair 1.Disclosure of Interest No disclosures of interest were noted. To avoid a tie vote, Sean Wiley will abstain from voting this hearing. 2.Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the agenda for the Wednesday, October 11, 2023 hearing be adopted. Carried 3.Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the minutes of the 9th hearing of the Committee of Adjustment held Wednesday, September 13, 2023 be adopted. Carried -1- Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 2 of 8 4.Reports 4.1 P/CA 44/23 C. Williams 1285 Ilona Park Road The applicant requests relief from Zoning By-law 2520, as amended by By-laws 7872/21, 7873/21, and 7901/22, to permit: •a total lot coverage of 7.3 percent for all accessory buildings excluding private detached garages, whereas the By-law permits a total lot coverage of all accessory buildings, excluding private detached garages, to be 5 percent of the lot area •a maximum lot coverage of 37.7 percent, whereas the By-law permits a maximum lot coverage of 33 percent The applicant requests approval of this minor variance application to obtain a building permit to install a prefabricated steel shed in the rear yard. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and Elexicon Energy. Michael Williams and Samantha Williams, agents, were present in favour of the application. No further representation was present in favour of or in objection to the application. The agent stated comments from Elexicon were received late and included minimum requirements for the shed. The proposed shed will be located at the southwest corner of the backyard and the pole line is on the southeast corner of the backyard. The shed is approximately 7.5 metres away from the pole. The shed is not obstructing any overhead wires. The site plan shows a power line from the fence line to the house. The roof line is inaccessible and is 3.0 metres from the voltage line. Elexicon stated they required 5.0 metres for horizontal clearance and 2.5 metres for vertical clearance. The Secretary-Treasurer stated the City is in receipt of Elexicon comments, dated October 6, 2023, indicating that specifications would have to be confirmed by the applicant. The applicant responded to Elexicon identifying the measurements of the proposed shed. A reply has not been received. The recommendation for deferral stands. Given that clearance from Elexicon is required, Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye -2- Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 3 of 8 That application P/CA 44/23 by C. Williams, be Deferred to the November 8, 2023 Hearing to allow Elexicon to provide comments. Carried 4.2 P/CA 42/23 L. Ali & R. Liaqat 636 Annland Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7872/21 & By-law 7900/22, to permit: • a minimum front yard setback of 7.5 metres based on the shortest front yard setback of adjacent dwellings, whereas the By-law permits a minimum front yard setback shall be equal to the shortest existing front yard setback (7.64 metres) of the dwellings on the immediately abutting lots located along the same side of the street and within the same block • a maximum building height of 11.6 metres, whereas the By-law requires a maximum building height of 9.0 metres • an uncovered platform (balcony) not exceeding 5.85 metres in height above grade and not projecting more than 1.5 metres into any required rear yard, whereas the By-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required rear yard • a covered platform (balcony) not exceeding 2.2 metres in height above grade and not projecting more than 1.5 metres into any required rear yard, whereas the By- law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required rear yard • a maximum lot coverage of 39.5 percent, whereas the By-law requires a maximum lot coverage of 33 percent • a parking space within a private garage with a minimum width of 3.0 metres and a minimum depth of 5.95 metres, whereas the By-law permits each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres The applicant requests approval of this minor variance application to facilitate a building permit submission to construct a two-storey detached dwelling with a limited roof top amenity area. -3- Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 4 of 8 Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified the variances are minor and are a result of the enactment of the Infill By-law on September 5, 2023. Nadeem Irfan, agent, was present to represent the application. One area resident was present in objection to the application. The agent stated the applicant is seeking extra lot coverage. The footprint is 36.5 percent. Based on the new interpretation of the By-law, decks are considered a part of the coverage, making the coverage 39.5 percent. The height of the building is 9.0 metres, however there is a staircase that leads to the rooftop that is 11.6 metres in height. The other proposed variances are incidental to each other. They have read the staff report and agree with the recommendation and proposed condition. One area resident stated the following concerns: worried the height being requested and window placements will impact the privacy of her property. In response to the resident’s concerns, the agent stated the height is only for the staircase which is approximately 6.0 to 7.0 metres recessed from the front wall. It is a screened off portion of the roof which will have a 5.0-metre-wide screen to protect the privacy of the occupant and neighbors. The roof access is in the middle of the dwelling. The windows are being installed based on the Building Code. In response to questions from Committee members, the agent replied the rooftop fenced area is setback from the side yards, front yard and rear yard therefore privacy will not be obstructed. There are many properties built recently that have a similar look within the neighbourhood. Some properties have uncovered and covered third storey decks. The outdoor amenity space being proposed tonight is much smaller than those, is well screened and setback appropriately. The Chair recommended the agent reach out to the neighbour to address any further concerns. On the basis that this application meets the four tests of the Planning Act, Omar Ha- Redeye moved the following motion: Moved by Omar Ha-Redeye Seconded by Rick Van Andel That application P/CA 42/23 by L. Ali & R. Liaqat, 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 Zoning By-law, subject to the following condition: -4- Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 5 of 8 1. That these variances apply only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9 & 10 contained in the staff report to the Committee of Adjustment, dated October 11, 2023). Carried 4.3 P/CA 43/23 W. Ngassam & C. Ngantchou 2137 Castle Hill Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 7541/17, to permit: • a private garage with a minimum width of 2.9 metres and a minimum depth of 6.0 metres with 6 interior steps within the depth, whereas the By-law permits a private garage to have a minimum width of 2.9 metres and a minimum depth of 6.0 metres, however 2 interior steps may be included in the depth • a window well to encroach a maximum of 1.0 metre into the 1.2 metre path of travel on the west side of the dwelling, whereas the By-law requires all lots containing additional dwelling units to provide a minimum 1.2 metres wide path of travel from the entrance of each additional dwelling unit a public or private street, cleared of obstructions (variance withdrawn by the applicant at the hearing) The applicant requests approval of this minor variance application to obtain a building permit for an additional dwelling unit within the existing detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified the stairs within the garage were previously installed and does not comply with the zoning by-law. William Ngassam, applicant, and Davis Chang, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The agent stated they have withdrawn the second variance from the proposal and has submitted revised drawings. The window well will be located at the rear of the property. Secretary-Treasurer confirmed moving the window to the rear is a viable option that staff has been discussing with the applicant and agent. -5- Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 6 of 8 The agent stated they are proposing a basement secondary suite and a new walkout in the rear yard. They would like approval for one less parking space when the required minimum is three parking spaces. This is due to insufficient space in the garage due to the staircase leading to the first floor, reducing the required minimum depth from 6.0 metres to 4.59 metres. Other Citys are beginning to approve a minimum of two parking spots rather than three parking spots for an additional dwelling units. In response to a question from the Chair, the Secretary-Treasurer clarified the application had been presented and circulated on the understanding that the applicant will be providing the minimum three required parking spaces but is requesting to reduce the parking stall size within the garage. The agent clarified they are looking to reduce the parking space in the garage from 6.0 metres to 5.3 metres. The Secretary-Treasurer commented that the variance is for the minimum interior garage width and not the parking spaces on the driveway. To simplify the variance being sought, the applicant is looking for allowance for the interior steps to encroach into the garage parking space. In response to questions from Committee members, the agent clarified there will be two parking spaces on the driveway and one in the garage with the variance of allowing the stall to be 5.3 metres. On the basis this application meets the four tests of the Planning Act, Rick Van Andel moved the following motion: Moved by Rick Van Andel Seconded by Omar Ha-Redeye That application P/CA 43/23 by W. Ngassam & C. Ngantchou, 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 Zoning By-law, subject to the following condition: 1. That these variances apply only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated October 11, 2023). Carried -6- Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 7 of 8 4.4 P/CA 45/23 I. Bhatti 598 Sheppard Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21 & By-law 7902/22, to permit: • a maximum front yard setback of 14.5 metres, whereas the By-law requires a maximum front yard setback of 12.6 metres • a maximum dwelling depth of 26.5 metres, whereas the By-law requires a maximum dwelling depth of 20.0 metres • a maximum dwelling height of 9.7 metres, whereas the By-law requires a maximum dwelling height of 9.0 metres • a maximum driveway width of 17.75 metres, whereas the By-law requires a maximum driveway width of 6.0 metres (variance withdrawn by the applicant at the hearing) • a parking space within a private garage with a minimum width of 2.9 metres and a minimum depth of 5.79 metres, whereas the By-law permits each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres The applicant requests approval of this minor variance application to obtain a building permit to permit a two-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Toronto & Region Conservation Authority. In support of the application, the applicant identified the applicant was unable to obtain a building permit prior to the change of zoning due to tenant not vacating the property for demolition. Yaso Somalingam, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent stated the project was ready for building permit issuance. The applicant had tenant issues that required the assistance of the Ontario Landlord Tenant Board. Once that process was complete, they went to have the building permit issued and were informed the Zoning By-laws had changed and these variances were now required. On the basis that this application meets the four tests of the Planning Act, Rick Van Andel moved the following motion: -7- Committee of Adjustment Hearing Minutes Wednesday, October 11, 2023 7:00 pm Electronic Hearing Page 8 of 8 Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application P/CA 45/23 by I. Bhatti, 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 Zoning By-law, subject to the following condition: 1. That the variances to permit the detached dwelling 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 contained in staff report to the Committee of Adjustment, dated October 11, 2023). Carried 5. Adjournment Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the 10th hearing of the 2023 Committee of Adjustment be adjourned at 7:42 pm. Carried __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer Please note the Committee of Adjustment Hearings are available for viewing on the City of Pickering YouTube channel https://www.youtube.com/user/SustainablePickering -8- Report to Committee of Adjustment Application Number: P/CA 44/23 Date: November 8, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: (Deferred at the October 11, 2023 Hearing) Committee of Adjustment Application P/CA 44/23 C. Williams 1285 Ilona Park Road Application The applicant requests relief from Zoning By-law 2520, as amended by By-laws 7872/21, 7873/21 and 7901/22, to permit: • a total lot coverage of 7.3 percent for all accessory buildings excluding private detached garages, whereas the By-law permits a total lot coverage of all accessory buildings, excluding private detached garages, to be 5 percent of the lot area; • a maximum lot coverage of 37.7 percent, whereas the By-law permits a maximum lot coverage of 33 percent. The applicant requests approval of this minor variance application to obtain a building permit to install a prefabricated steel shed in the rear yard. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That these variances apply only to the proposed accessory building (shed), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). -9- Report P/CA 44/23 October 11, 2023 Page 2 Background October 11, 2023 Committee of Adjustment Hearing The subject minor variance application was heard on the October 11, 2023 hearing. Staff recommended deferral of this application to allow Elexicon Energy (Elexicon) to provide comments as the proposed shed is partially located on the easement in their favour. Comments from Elexicon were received after the completion of the report and were forwarded to the applicant for action. The Committee of Adjustment deferred this application at the October 11, 2023, hearing to allow the applicant to address the comments provided by Elexicon. The applicant has indicated that the proposed location of the shed will maintain at least a 7.5 metre horizontal clearance from the pole line, and a 3.0 metre vertical clearance from the low voltage line (refer to Appendix A for the applicant’s response). Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential Areas – Low Density” within the Bay Ridges Neighbourhood. Residential uses such as detached dwellings and associated accessory structures are permitted within this designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “R4” under Zoning By-law 2520, as amended by By-laws 7872/21, 7873/21 and 7901/22. Detached dwellings and associated accessory structures are permitted within the R4 zoning. The applicant is proposing a 33.6 square metre prefabricated shed in the rear yard of the property. The proposed shed accounts for approximately 7.3 percent of the lot coverage of the property and will increase the total lot coverage from 30.5 percent to 37.7 percent. The applicant is requesting to increase the lot coverage for accessory buildings and structures to 7.3 percent and to increase the total lot coverage of the property to 37.7 percent to permit the proposed shed. The Zoning By-law permits a maximum lot coverage of 33 percent for a property within the ‘R4’ zone, and a maximum lot coverage of 5 percent for all accessory buildings and structures on the lot. The intent of these provisions is to ensure that an adequate amount of space is left uncovered by buildings on a lot, and to regulate the scale and size of a building. The proposed shed is located on the west end of the rear yard and is setback 1.0 metres from the west and south lot lines. Adequate rear yard amenity space can be provided on the remainder of the yard, as such, Staff is of the opinion that the requested variances are in keeping with the general intent and purpose of the Zoning By-law. -10- Report P/CA 44/23 October 11, 2023 Page 3 Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances will permit a prefabricated shed to be in the rear yard of the property to allow for additional storage space. The proposed shed is within the height requirements for accessory structures and provides adequate setbacks to allow for drainage. The increase in lot coverage is not expected to have a significant impact on the drainage pattern of the area. The applicant has also indicated that the location of the shed meets the horizontal clearance and vertical clearance requirements from Elexicon. Staff is of the opinion that the requested variances are desirable for the appropriate development of the land and are minor in nature. Input From Other Sources Applicant • The previous shed was destroyed, a new prefabricated shed was purchased for storage of outdoor displays and does not meet the zoning requirements. Engineering Services • Ensure the increased lot coverage does not adversely affect the drainage patterns within the lot and surrounding area. Building Services • No concerns from Building Services. Elexicon Energy • The new shed would have to maintain a minimum 5m horizontal clearance to the pole line and 2.5m vertical clearance to the low voltage line, on the contingency that the roof of the shed would not be considered “accessible”. These clearances are outlined in the attached Elexicon standard. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: November 1, 2023 Comments prepared by: Ziya Cao Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration ZC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 39-23\7. Report\PCA 39-23 Report.docx Attachments -11- -12- -13- -14- -15- Li v e r p o o l R o a d Gu l l C r o s s i n g Browning Avenue Ilona Park Road Bayview Street Do u g l a s A v e n u e Fr o n t R o a d Luna Court Pl e a s a n t S t r e e t Kr o s n o B o u l e v a r d Monica Cook Place Commerce Street Broadview Street Old O rc hard Avenue Progress Frenchman's Bay East Park Frenchman's Bay Rate Payers Memorial Park Location MapFile:Applicant:Municipal Address: P/CA 44/23 Date: Sep. 12, 2023 Exhibit 1 C. Williams 1285 Ilona Park Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 44-23\PCA44-23_LocationMap.mxd 1:2,500 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City Development Department -16- Exhibit 2 Submitted Site Plan File No: P/CA 44/23 Applicant: C. Williams Municipal Address: 1285 Ilona Park Road FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: Nov 1, 2023 to permit a total lot coverage of 7.3 percent for all accessory buildings excluding private detached garages to permit a maximum lot coverage of 37.7 percent on a RM1 zone *The proposed shed shall maintain a minimum 5.0 metres horizontal clearance from the pole line and the inaccessible roof line shall maintain a minimum 2.5 metres vertical clearance to the low voltage line, as per the Elexicon Standards* -17- Ex h i b i t 3 Su b m i t t e d El e v a t i o n Pl a n Fi l e N o : P/ C A 44 / 2 3 Ap p l i c a n t : C. W i l l i a m s Mu n i c i p a l A d d r e s s : 12 85 Il o n a P a r k R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T DE P A R T M E N T . Da t e : Se p t . 2 2 , 2 0 2 3 -18- Ex h i b i t 4 Su b m i t t e d Fo u n d a t i o n P l a n Fi l e N o : P/ C A 44 / 2 3 Ap p l i c a n t : C. W i l l i a m s Mu n i c i p a l A d d r e s s : 12 85 Il o n a P a r k R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T DE P A R T M E N T . Da t e : Se p t . 2 2 , 2 0 2 3 -19- Report to Committee of Adjustment Application Number: P/CA 47/23 Date: November 8, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 47/23 P. & K. Annalingam 1400 Rougemount Drive Application The applicant requests relief from Zoning By-law 3036, as amended by By-laws 2912/88, 3701/91, 7874/21 and 7902/22 to permit: • a maximum dwelling depth of 29.2 metres for a lot with lot depth greater than 40.0 metres, whereas the By-law permits a maximum dwelling depth of 20.0 metres for lots with depths greater than 40.0 metres • a private garage to extend 9.75 metres beyond the front wall of the dwelling to which it is attached, whereas the By-law permits an attached private garage to be extended no more than 2.0 metres beyond the front wall of the dwelling to which it is attached • a maximum front yard setback of 29.4 metres, whereas the By-law permits a maximum front yard setback of 21.0 metres The applicant requests approval of this minor variance application to obtain a future building permit to construct a two-storey detached dwelling. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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 recommends Approval of the proposed variances. After considering all public and agency input, should the Committee find merit in this application, the following conditions are recommended: 1. That the variances to permit the detached dwelling 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 Engineering Services shall be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. -20- Report P/CA 47/23 November 8, 2023 Page 2 3. That windows are prohibited on the first and second storeys facing the north and south side yards for the portion of the dwelling that exceeds the 20 metre maximum dwelling depth. 4. That landscape buffers along the side lot lines as shown on Exhibit 2 be maintained to provide screening of the additional dwelling depth. The applicant is to submit a Tree Preservation Plan to the satisfaction of the City to ensure that any existing trees screening the additional dwelling depth are protected and replaced if impacted during construction. Background Infill and Replacement Housing By-laws On September 27, 2021, City Council enacted the Infill and Replacement Housing in Established Neighbourhoods By-laws 7872/21, 7873/21 and 7874/21 (Infill By-laws) to amend Parent Zoning By-laws 2511, 2520 and 3036, to rezone all lands within specific Established Neighbourhood Precincts to an “Established Neighbourhood Precinct Overlay Zone” category. The Infill By-laws established a set of zoning provisions to help maintain the existing character of the surrounding area by introducing new provisions for yard setbacks, building height, dwelling depth, lot coverage and other zoning standards. On January 24, 2022, City Council adopted By-laws 7900/22, 7901/22 and 7902/22, to reinstate a maximum building height of 9.0 metres for all lands within the Established Neighbourhood Precincts. On September 5, 2023, the Ontario Land Tribunal (OLT) issued its Decision dismissing appeals of the Infill By-laws and ordering the Infill By-laws to be in force and in full effect. Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Rougemount Neighbourhood. This designation primarily provides for residential uses. The Official Plan policies encourage new development along Rougemount Drive to be compatible with the character of existing development. Staff have reviewed and made comment on the proposed dwellings using the Council-adopted Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts Checklist, which can be found as Appendix A to this report. Conforms to the Intent of the Zoning By-law The subject property is zoned “R3” – Third Density Residential Zone by Zoning By-law 3036, as amended by By-laws 2912/88, 3701/91, 7874/21 and 7902/22. -21- Report P/CA 47/23 November 8, 2023 Page 3 Maximum Dwelling Depth Dwelling Depth is the measurement of the distance between the minimum Front Yard Setback and the rear of the dwelling, which is a measure of how deep a dwelling protrudes into a lot. The intent of requiring a maximum dwelling depth of 20.0 metres is to provide for consistent placement of rear walls on neighbouring properties, and to reduce potential shadowing, massing, and privacy impacts on adjacent dwellings and rear yards. The applicant is requesting a maximum dwelling depth of 29.2 metres, whereas the By-law permits 20.0 metres. The minimum front yard setback requirement for 1400 Rougemount Drive is 19.9 metres, which is determined by the existing setback of the neighbouring property to the north (1404 Rougemount Drive). The proposed dwelling will have a dwelling depth of 29.9 metres, with the front wall of the dwelling meeting the minimum front yard setback of 19.9 metres. Existing dwellings along the same side of Rougemount have consistent rear wall alignments. The proposed dwelling will protrude approximately 7.3 metres past the existing rear wall of the property to the south (1396 Rougemount Drive), which is the property with a further rear wall placement of the two adjacent properties to the subject site. Additionally, a rear deck is proposed to extend approximately 3.4 metres from the rear wall of the proposed dwelling, adding further depth onto the development. The applicant has provided rationale for the requested variance, indicating that design features have been incorporated into the proposal to mitigate potential privacy and overshadowing impacts. The portion of the dwelling depth that exceeds the rear wall of the property to the south has incorporated greater side yard setbacks from the adjacent properties and features no windows on the first and second storeys. Additionally, the applicant has indicated that there is existing landscaping buffering to mitigate any potential impacts. Maximum Front Yard Setback and Garage Projection The intent of the maximum front yard setback requirement of the Infill By-law is to ensure that adequate separation is provided between a dwelling and street activity, a sufficient landscaped area is maintained between a dwelling and the adjacent streets, and that an appropriate setback is provided to maintain a consistent streetscape. The intent of limiting a private garage to extend up to two metres beyond the front wall of the dwelling is to mitigate the impacts of garages on the streetscape and the overall character of the neighbourhood. The maximum front yard setback is determined by the average of the two adjacent front yard setbacks, plus 1.0 metre. The front yard setback for the adjacent property to the north (1404 Rougemount Drive) is 19.9 metres and the front yard setback for the adjacent property to the south (1396 Rougemount Drive) is 20.1 metres. Therefore, the maximum front yard setback requirement for the subject property is 21.0 metres. The maximum front yard setback is applicable to only 80 percent of the dwelling width including any attached garage. The interpretation of the maximum front yard setback provision in the Infill By-laws is that 20 percent of the dwelling depth can be exempted from the maximum front yard requirement to accommodate any design features that require a further setback. The portion of the front wall that is setback further accounts for approximately 63 percent of the dwelling width, as such a variance for the maximum front yard setback is required. -22- Report P/CA 47/23 November 8, 2023 Page 4 The design of the dwelling proposes a three-car garage at the front of the dwelling with living space on top. Due to the L-shape design of the dwelling, the applicant is requesting variances to permit a maximum front yard setback of 29.4 metres and to permit a private garage to extend 9.75 metres beyond the front wall of the dwelling to accommodate the design. The proposed dwelling has been designed to orient the garage to face the side yard, and the front façade of the garage is designed to be incorporated into the front elevation of the dwelling to mitigate visual impacts to the streetscape. The proposed setback of the recessed front wall aligns with the existing dwelling design of the property to the south. Further, the applicant has indicated that existing trees will be preserved on the lot to alleviate the impacts on the street level. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variance will facilitate a two-storey detached dwelling on the subject property. The proposed development will feature a built form similar to existing dwellings along Rougemount Drive. Additionally, the applicant has demonstrated the proposal incorporates design considerations that will mitigate the impact of the development to the neighbouring properties, such as providing additional setbacks and separation distance to the neighbouring properties to the north and south on the portions of the dwelling that exceeds the dwelling depth, and the sloped roof design that complies with the height requirement to regulate the massing of the development. Windows are not proposed for the first and second storeys on the portions of the dwelling that exceeds the dwelling depth. Existing trees will be preserved to further assist with mitigating the visual impacts of the proposed development. Input From Other Sources Applicant • Refer to the Planning Justification Report, and additional justification email from the applicant dated October 31, 2023. Engineering Services • Ensure the increased dwelling depth and increased front yard setback (if approved with this application) does not adversely affect the drainage patterns within the lot and surrounding area. Multiple Low Impact Development measures (such as infiltration galleries with downspout connections, rain gardens and 450mm topsoil) will be required at the Building Permit stage. Building Services • No concerns from Building Services, a building permit is required prior to construction. Public Input • No written submissions were received from the public as of the date of writing this report. -23- Report P/CA 47/23 November 8, 2023 Page 5 Date of report: November 1, 2023 Comments prepared by: Ziya Cao Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration ZC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 47-23\7. Report\PCA 47-23 Report.doc Attachments -24- Urban City of Pickering Established A 1 Appendix A Urban Design Guideline Checklist City of Pickering Established Neighbourhood Precincts Urban Design Checklist Please note, if you mark “no” below please provide your rational in the adjacent “Comments” section either supporting, or not supporting the proposal. Yes No Comments X 1. Is the proposed dwelling height and roof pitch similar/compatible with the surrounding dwellings? (see Section 2.1: Guideline 1) 2. If the proposed new dwelling is significantly taller than an existing adjacent house, does the roof of the proposed new dwelling slope away from the existing adjacent house? (see Section 2.1: Guideline 2) N/A X 3. Is the maximum elevation of the Front Entrance 1.2 metres, or less, above grade? (see Section 2.2: Guideline 1) X 4. Is the main entrance visible from the street? (see Section 2.2: Guideline 2) X 5. Are the stairs to the main entrance designed as an integral component of the front façade? (Section 2.2: Guideline 7) X 6. Does the design of the front entrance reduce the visual dominance of the garage and driveway? (see Section 2.2: Guideline 9) X 7. Does the proposed dwelling have a similar Dwelling Depth to the adjacent dwellings along the street? (see Section 2.3: Guideline 2) -25- Appendix A Urban Design Checklist Cont’d Urban City of Pickering Established A 2 Yes No Comments X 8. Does the proposed dwelling have a similar Side Yard Setback to the adjacent dwellings along the street? (see Figure 15) X 9. Has shadow on adjacent dwellings been mitigated with greater Side Yard Setbacks? (Section 3.1: Guideline 2) Greater setbacks provided for portions of the proposed dwelling that protrudes beyond the rear wall of the property to the south X 10. Is the garage flush or recessed from the main front wall? (see Section 3.2: Guideline 5) Projecting garage with living space on top X 11. Is the proposed driveway width the same as the permitted garage width? (see Section 3.3: Guideline 1) X 12. Does the plan preserve existing trees? (see Section 4.1: Guideline 1) Removal of one tree required to facilitate proposal. Existing trees along the property lines are preserved. -26- Ro u g e m o u n t D r i v e Hoover Drive Al t o n a R o a d E v e l y n A v e n u e Valley Gate Litt leford Street Fi d d l e r s C o u r t Fawnda l e R o a d Kingston Roa d Tomlins on Court Brookridge Gate D a l e w o o d D riv e Rouge Hill Court Highb u s h T r a i l South Petticoat Ravine Elizabeth B. Phin Public School Location MapFile:Applicant:Municipal Address: P/CA 47/23 Date: Oct. 12, 2023 Exhibit 1 ¯ E P. & K. Annalingam 1400 Rougemount Drive SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 47-23\PCA47-23_LocationMap.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City Development Department -27- Ex h i b i t 2   Su b m i t t e d S i t e P l a n Fi l e N o : P / C A 4 7 / 2 3 Ap p l i c a n t : P . & K . A n n a l i n g a m Mu n i c i p a l A d d r e s s : 1 4 0 0 R o u g e m o u n t D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t o b e r 2 3 , 2 0 2 3   to p e r m i t a m a x i m u m dw e l l i n g d e p t h o f 29 . 2 m e t r e s f o r a l o t wi t h l o t d e p t h g r e a t e r th a n 4 0 . 0 m e t r e s to p e r m i t a p r i v a t e g a r a g e to e x t e n d 9 . 7 5 m e t r e s be y o n d t h e f r o n t w a l l o f th e d w e l l i n g t o w h i c h i t i s at t a c h e d to p e r m i t a ma x i m u m fr o n t y a r d se t b a c k o f 29 . 4 m e t r e s -28- Ex h i b i t 3 Su b m i t t e d E l e v a t i o n P l a n (Ea s t ) Fi l e N o : P / C A 4 7 / 2 3 Ap p l i c a n t : P . & K . A n n a l i n g a m Mu n i c i p a l A d d r e s s : 1 4 0 0 R o u g e m o u n t D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t o b e r 2 3 , 2 0 2 3   -29- Ex h i b i t 4 Su b m i t t e d E l e v a t i o n P l a n (No r t h ) Fi l e N o : P / C A 4 7 / 2 3 Ap p l i c a n t : P . & K . A n n a l i n g a m Mu n i c i p a l A d d r e s s : 1 4 0 0 R o u g e m o u n t D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t o b e r 2 3 , 2 0 2 3   -30- Ex h i b i t 5 Su b m i t t e d E l e v a t i o n P l a n (So u t h ) Fi l e N o : P / C A 4 7 / 2 3 Ap p l i c a n t : P . & K . A n n a l i n g a m Mu n i c i p a l A d d r e s s : 1 4 0 0 R o u g e m o u n t D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t o b e r 2 3 , 2 0 2 3   -31- Ex h i b i t 6 Su b m i t t e d E l e v a t i o n P l a n (We s t ) Fi l e N o : P / C A 4 7 / 2 3 Ap p l i c a n t : P . & K . A n n a l i n g a m Mu n i c i p a l A d d r e s s : 1 4 0 0 R o u g e m o u n t D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t o b e r 2 3 , 2 0 2 3   -32- Report to Committee of Adjustment Application Number: P/CA 48/23 Date: November 8, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 48/23 T. & J. Brisebois 1467 Rosebank Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-laws 7874/21, and 7902/22 to permit: • a minimum front yard setback of 10.3 metres, whereas the By-law requires a minimum front yard setback of 12.5 metres, based on the shortest front yard setback of the adjacent dwellings • a maximum driveway width of 15.4 metres, whereas the By-law permits a maximum driveway width of 6.0 metres, or if the entrance of the garage is wider than 6.0 metres, the proposed driveway shall be no greater than the width of the entrance of the garage The applicant requests approval of this minor variance application to obtain a building permit to facilitate a second storey addition. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following conditions are recommended: 1. That the variances to permit the detached dwelling 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 a revised driveway design be provided to the satisfaction of Engineering Services prior to the issuance of a building permit. 3. That Engineering Services be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. -33- Report P/CA 48/23 November 8, 2023 Page 2 Background Infill and Replacement Housing By-laws On September 27, 2021, City Council enacted the Infill and Replacement Housing in Established Neighbourhoods By-laws 7872/21, 7873/21 and 7874/21 (Infill By-laws) to amend Parent Zoning By-laws 2511, 2520 and 3036, to rezone all lands within specific Established Neighbourhood Precincts to an “Established Neighbourhood Precinct Overlay Zone” category. The Infill By-laws established a set of zoning provisions to help maintain the existing character of the surrounding area by introducing new provisions for yard setbacks, building height, dwelling depth, lot coverage and other zoning standards. On January 24, 2022, City Council adopted By-laws 7900/22, 7901/22 and 7902/22, to reinstate a maximum building height of 9.0 metres for all lands within the Established Neighbourhood Precincts. On September 5, 2023, the Ontario Land Tribunal (OLT) issued its Decision dismissing appeals of the Infill By-laws and ordering the Infill By-laws to be in force and in full effect. Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Woodlands Neighbourhood. This designation primarily provides for residential uses. The Official Plan policies encourage new development along Rosebank Road to be compatible with the character of existing development. Staff have reviewed and made comment on the proposed dwellings using the Council-adopted Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts Checklist, which can be found as Appendix A to this report. Conforms to the Intent of the Zoning By-law The subject property is zoned “R4” – Fourth Density Residential Zone by Zoning By-law 3036, as amended by By-laws 7874/21 and 7902/22. Minimum Front Yard Setback The intent of the minimum front yard setback requirement of the Infill By-law is to ensure that adequate separation is provided between a dwelling and street activity, a sufficient landscaped area is maintained between a dwelling and the adjacent streets, and that an appropriate setback is provided to maintain a consistent streetscape. The minimum front yard setback requirement in the Infill By-law is taken from the shortest front yard setback of the adjacent dwellings. In this case, the minimum front yard setback is taken from the property to the north with a minimum setback of 12.5 metres. It is to be noted that the existing dwelling on the subject property has a minimum front yard setback of 10.4 metres to the attached garage. -34- Report P/CA 48/23 November 8, 2023 Page 3 The applicant is requesting a minimum front yard setback of 10.3 metres to facilitate a two-storey addition at the front of the dwelling, flush with the existing attached garage. As the requested variance will maintain a similar setback as the existing front yard setback of the existing dwelling, the addition is not expected to generate adverse impacts to the existing streetscape. Staff is of the opinion that the requested variance meets the general intent and purpose of the Zoning By-law. Maximum Driveway Width The intent of requiring a maximum driveway width is to ensure sufficient space is maintained in the front yard for landscaping, to accommodate grading and drainage, and to maintain the character of the street. With the proposed addition, the existing garage entrance will be re-oriented to face the street. The applicant is requesting a variance to permit a maximum driveway width of 15.4 metres to allow a half circle driveway requiring two separate entrances. It is noted that several properties along Rosebank Road have two-entrance driveway designs and a wider driveway width. However, Engineering Services has indicated that a secondary driveway access will not be permitted through the building permit application. As only one access is permitted, staff is supportive of the requested driveway width of 15.4 metres for a redesign of the driveway allowing vehicular movements within the property and permitting vehicles to enter and exit the property safely. The applicant will be required to provide a driveway design that is to the satisfaction of Engineering Services prior to the issuance of a building permit. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances will permit a two-storey addition to the front of the existing dwelling on the subject property. The proposal is in keeping with the existing built form and is consistent with the character of the neighbourhood. Staff is of the opinion that the requested variances are desirable for the development of the land and are minor in nature. Input From Other Sources Applicant • The proposed front yard setback variance is in line with the previous by-law and at the same time with the required GFA to make the interior space livable for a typical four bedroom house. • The driveway width and two entrances are in line with the community and previous by-law, many other properties in the street are having the same conditions, also in conformance with the needs of such a house. Furthermore, the extent of the variance are still in line with the community and general intent of the OP and by-law. -35- Report P/CA 48/23 November 8, 2023 Page 4 Engineering Services • Ensure the increased driveway width and reduced front yard setback (if approved with this application) does not adversely affect the drainage patterns within the lot and surrounding area. • The proposed driveway is to be constructed using permeable pavers and multiple Low Impact Development measures (such as infiltration galleries with downspout connections, rain gardens and 450mm topsoil) will be required at the Building Permit stage in order to address the increased imperviousness of the lot. • It should be noted that the City will not permit the secondary driveway access with the building permit application. Only one access will be permitted. A hammerhead driveway can be incorporated into the design if required to provide safe access onto Rosebank Road. Building Services • No concerns from Building Services. The building permit application is on hold until Committee approval. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: November 1, 2023 Comments prepared by: Ziya Cao Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration ZC:jc \\Fs\planning\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 48-23\7. Report\PCA 48-23 Report.doc Attachments -36- Urban City of Pickering Established A 1 Appendix A Urban Design Guideline Checklist City of Pickering Established Neighbourhood Precincts Urban Design Checklist Please note, if you mark “no” below please provide your rational in the adjacent “Comments” section either supporting, or not supporting the proposal. Yes No Comments X 1. Is the proposed dwelling height and roof pitch similar/compatible with the surrounding dwellings? (see Section 2.1: Guideline 1) 2. If the proposed new dwelling is significantly taller than an existing adjacent house, does the roof of the proposed new dwelling slope away from the existing adjacent house? (see Section 2.1: Guideline 2) N/A X 3. Is the maximum elevation of the Front Entrance 1.2 metres, or less, above grade? (see Section 2.2: Guideline 1) X 4. Is the main entrance visible from the street? (see Section 2.2: Guideline 2) X 5. Are the stairs to the main entrance designed as an integral component of the front façade? (Section 2.2: Guideline 7) X 6. Does the design of the front entrance reduce the visual dominance of the garage and driveway? (see Section 2.2: Guideline 9) X 7. Does the proposed dwelling have a similar Dwelling Depth to the adjacent dwellings along the street? (see Section 2.3: Guideline 2) No changes to the rear of the dwelling -37- Appendix A Urban Design Checklist Cont’d Urban City of Pickering Established A 2 Yes No Comments X 8. Does the proposed dwelling have a similar Side Yard Setback to the adjacent dwellings along the street? (see Figure 15) No changes to side yard setbacks 9. Has shadow on adjacent dwellings been mitigated with greater Side Yard Setbacks? (Section 3.1: Guideline 2) No changes to side yard setbacks X 10. Is the garage flush or recessed from the main front wall? (see Section 3.2: Guideline 5) X 11. Is the proposed driveway width the same as the permitted garage width? (see Section 3.3: Guideline 1) X 12. Does the plan preserve existing trees? (see Section 4.1: Guideline 1) -38- Sheppard Avenue Barry Drive E d m u n d D r i v e O l d F o r e s t R o a d Rainy Day Drive Steeple Hill Cattail Court Kingst o n R o a d Li g h t f o o t P l a c e Daylight Court Laurier CrescentAutumn Crescent Gardenvie wSquare Sundown Crescent H i g h b u s h T r a il Ro s e b a n k R o a d Ernie L. Stroud Location MapFile:Applicant:Municipal Address: P/CA 48/23 Date: Oct. 12, 2023 Exhibit 1 ¯ E T. & J. Brisebois 1467 Rosebank Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 48-23\PCA48-23_LocationMap.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City Development Department -39- Exhibit 2 Submitted Site Plan File No: P/CA 48/23 Applicant: T. & J. Brisebois Municipal Address: 1467 Rosebank Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Nov 1, 2023 to permit a minimum front yard setback of 10.3 metres based on the shortest front yard setback of adjacent dwellings to permit a maximum driveway width of 15.4 metres *Applicant to revise the driveway design to the satisfaction of Engineering Serivces* -40- Ex h i b i t 3 Su b m i t t e d E l e v a t i o n P l a n (We s t ) Fi l e N o : P / C A 4 8 / 2 3 Ap p l i c a n t : T . & J . B r i s e b o i s Mu n i c i p a l A d d r e s s : 1 4 6 7 R o s e b a n k R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Oc t 2 3 , 2 0 2 3 -41- Ex h i b i t 4 Su b m i t t e d E l e v a t i o n P l a n (Ea s t ) Fi l e N o : P / C A 4 8 / 2 3 Ap p l i c a n t : T . & J . B r i s e b o i s Mu n i c i p a l A d d r e s s : 1 4 6 7 R o s e b a n k R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Oc t 2 3 , 2 0 2 3   -42- Ex h i b i t 5 Su b m i t t e d E l e v a t i o n P l a n (No r t h ) Fi l e N o : P / C A 4 8 / 2 3 Ap p l i c a n t : T . & J . B r i s e b o i s Mu n i c i p a l A d d r e s s : 1 4 6 7 R o s e b a n k R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Oc t 2 3 , 2 0 2 3 -43- Ex h i b i t 6 Su b m i t t e d E l e v a t i o n P l a n (So u t h ) Fi l e N o : P / C A 4 8 / 2 3 Ap p l i c a n t : T . & J . B r i s e b o i s Mu n i c i p a l A d d r e s s : 1 4 6 7 R o s e b a n k R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Oc t 2 3 , 2 0 2 3   -44- Report to Committee of Adjustment Application Number: P/CA 49/23 Date: November 8, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 49/23 W. Syed & F. Khatoon 3490 Audley Road Application The applicant requests relief from Zoning By-law 3037, as amended by By-laws 6577/05 and 8037/23 to permit a detached garage to be located on the north side yard, whereas the By-law requires all accessory buildings that are not part of the main building to be erected in the rear yard. The applicant requests approval of this minor variance application to obtain a building permit for the existing detached garage on the north side yard. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That the variance applies only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). Comment Background The Building Services Section received a complaint regarding the detached garage at the subject property, which was not permitted by the Zoning By-law. After a site inspection was completed July 18, 2023, it was determined by City staff that the garage was constructed without a building permit. The applicant applied for a building permit and was notified by City staff on September 15, 2023, that a minor variance would be required prior to the issuance of a permit. -45- Report P/CA 49/23 November 8, 2023 Page 2 Conforms to the Intent of the Official Plan The subject property is designated “Natural Areas” in the Official Plan, which permits a variety of small scale uses, including residential, agricultural, community, cultural and recreational uses. Residential uses such as detached dwellings and associated accessory uses are permitted within this designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “A” – Rural Agricultural Zone under Zoning By-law 3037, as amended by By-laws 6577/05 and 8037/23. Accessory Structure Location Variance The intent of requiring accessory buildings and structures to be in the rear yard is to minimize the visual impact of the accessory buildings on adjacent properties and the streetscape, ensure appropriate drainage, and not obstruct access to and from the front and rear yards. The applicant has constructed the detached garage on the north side yard in alignment with the existing driveway. The garage is set back 41.33 metres from the north side lot line and 4.4 metres from the existing dwelling, allowing adequate space for drainage and access between the front and rear yards. The existing mature vegetation that surrounds the property will assist in minimizing the visual impacts of the garage on the adjacent property and streetscape. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variance will permit the existing detached garage and provide additional storage space for the subject property. The detached garage is well-screened by existing vegetation on the subject property and adjacent properties, and the requested variance does not expect to generate significant negative impacts to the surrounding properties. Staff is of the opinion that the requested variance is desirable for the appropriate development of land and is minor in nature. Input From Other Sources Applicant • Seeking to legalize the existing detached garage. Toronto and Region Conservation Authority (TRCA) • Although the subject property is partially located within the TRCA Regulated Area, the proposed works are not. As such, TRCA staff have no objection to the approval of the minor variance application and a TRCA permit is not required. Durham Health Department • This minor variance application has been reviewed by this department and we have no objection to the approval. Engineering Services • Ensure the erected garage in the side yard does not adversely affect the drainage patterns within the lot and surrounding area. -46- Report P/CA 49/23 November 8, 2023 Page 3 Building Services • There are no objections to this minor variance application. Building Services notes that the related building permit application for the garage is on hold until Committee approval. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: November 1, 2023 Comments prepared by: Liam Crawford Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration LC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 49-23\7. Report\PCA 49-23 Report.docx Attachments -47- Highway 7 Si d e l i n e 4 Au d l e y R o a d Location MapFile:Applicant:Municipal Address: P/CA 49/23 Date: Oct. 12, 2023 Exhibit 1 ¯ E W. Syed & F. Khatoon 3490 Audley Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 49-23\PCA49-23_LocationMap.mxd 1:8,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City Development Department -48- Ex h i b i t 2 Su b m i t t e d Si t e P l a n Fi l e N o : P/ C A 49 /23 Ap p l i c a n t : W. S y e d & F . K h a t o o n Mu n i c i p a l A d d r e s s : 34 9 0 A u d l e y R o a d Co n t a c t T h e C i t y o f P i c k e r i n g C i t y D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : Oc t o b e r 2 3 , 2 0 2 3 to p e r m i t a n a c c e s s o r y bu i l d i n g ( g a r a g e ) t o b e er e c t e d i n t h e s i d e y a r d -49- Ex h i b i t 3   Su b m i t t e d S o u t h (Si d e ) E l e v a t i o n Fi l e N o : P / C A 4 9 / 2 3 Ap p l i c a n t : W . S y e d & F . K h a t o o n Mu n i c i p a l A d d r e s s : 3 4 9 0 A u d l e y R o a d Co n t a c t T h e C i t y o f P i c k e r i n g C i t y D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : O c t o b e r 2 3 , 2 0 2 3   -50- Ex h i b i t 4   Su b m i t t e d E a s t (Fr o n t ) E l e v a t i o n Fi l e N o : P / C A 4 9 / 2 3 Ap p l i c a n t : W . S y e d & F . K h a t o o n Mu n i c i p a l A d d r e s s : 3 4 9 0 A u d l e y R o a d Co n t a c t T h e C i t y o f P i c k e r i n g C i t y D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : O c t o b e r 2 3 , 2 0 2 3   -51- Report to Committee of Adjustment Application Number: P/CA 50/23 Date: November 8, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 50/23 B. & Y. Javaid 326 Dyson Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7872/21 and 7900/22 to permit a maximum dwelling depth of 24.0 metres, whereas the By-law permits a maximum dwelling depth of 20.0 metres for a lot with a lot depth greater than 40.0 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct a two-storey detached dwelling. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following conditions are recommended: 1. That the variance to permit the detached dwelling applies 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 & 7) 2.That Engineering Services shall be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. 3. That the applicant provides a revised TRCA permit prior to the issuance of a building permit. -52- Report P/CA 50/23 November 8, 2023 Page 2 Background Infill and Replacement Housing By-laws On September 27, 2021, City Council enacted the Infill and Replacement Housing in Established Neighbourhoods By-laws 7872/21, 7873/21 and 7874/21 (Infill By-laws) to amend Parent Zoning By-laws 2511, 2520 and 3036, to rezone all lands within specific Established Neighbourhood Precincts to an “Established Neighbourhood Precinct Overlay Zone” category. The Infill By-laws established a set of zoning provisions to help maintain the existing character of the surrounding area by introducing new provisions for yard setbacks, building height, dwelling depth, lot coverage and other zoning standards. On January 24, 2022, City Council adopted By-laws 7900/22, 7901/22 and 7902/22, to reinstate a maximum building height of 9.0 metres for all lands within the Established Neighbourhood Precincts. On September 5, 2023, the Ontario Land Tribunal (OLT) issued its Decision dismissing appeals of the Infill By-laws and ordering the Infill By-laws to be in force and in full effect. Committee of Adjustment Application P/CA 34/23 A previous Application for Minor Variance P/CA 34/23, was heard by the Committee of Adjustment on August 9, 2023. This previous application was to permit a minimum north side yard setback of 1.2 metres to permit the construction of a two-storey detached dwelling. It was identified that the subject property is subject to the Infill By-laws, however, with the ongoing appeals at the time, the applicant had decided not to seek variances to provisions of the Infill By-laws. The application was refused by the Committee of Adjustment on the grounds that the requested variance was not minor in nature, not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and Zoning By law. Current Committee of Adjustment Application P/CA 50/23 The applicant has since revised their plans to comply with side yard setback requirements within Parent Zoning By-law 2511 to proceed with their building permit application. As the OLT dismissed the appeals to the Infill By-laws on September 5, 2023, several zoning non-compliances to the Infill By-laws were identified through the building permit review. The applicant has worked with staff and adjacent neighbours to further revise their plans and submits the current application. Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Rosebank Neighbourhood. This designation primarily provides for residential uses. -53- Report P/CA 50/23 November 8, 2023 Page 3 The Official Plan policies encourage new development along Dyson Road to be compatible with the character of existing development. Staff have reviewed and made comment on the proposed dwellings using the Council-adopted Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts Checklist, which can be found as Appendix A to this report. Conforms to the Intent of the Zoning By-law The subject property is zoned “R4” – Detached Dwelling – Fourth Density Zone and “G” – Greenbelt Zone by Zoning By-law 2511, as amended by By-laws 7872/21 and 7900/22. The proposed development is located on the R4 Zone. The intent of requiring a maximum dwelling depth of 20.0 metres is to provide for consistent placement of rear walls on neighbouring properties, and to reduce potential shadowing, massing, and privacy impacts on adjacent dwellings and rear yards. Dwelling depth is measured from the minimum front yard setback to the rear wall of the dwelling to regulate how deep a dwelling can protrude into a lot. The applicant is requesting a maximum dwelling depth of 24.0 metres, however, it is noted that the front yard setback of the proposed dwelling is 7.0 metres, which is in compliance with the maximum front yard setback requirement. The proposed siting of the dwelling will have a consistent front wall and rear wall placement as the existing dwelling to the south (324 Dyson Road) to mitigate potential shadowing, massing, and privacy impacts of the proposed dwelling. Staff is of the opinion that the requested variance is in keeping with the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The scope of the proposed development includes removing the existing dwelling and constructing a two-storey detached dwelling. The proposed dwelling is designed to be in keeping with the existing built form of the nieghbourhood, and the placement of the proposed dwelling will maintain consistent rear wall and front wall alignment with the existing dwellings within the neighbourhood. Staff is of the opinion that the requested variance will facilitate an infill development that will maintain the existing character of the community and is desirable for the appropriate development of the land and is minor in nature. Input From Other Sources Applicant • Under the new Infill By-law 7872/21 the dwelling depth permitted is 20m. The minimum front yard setback shall be equal to the shortest front yard setback of the existing dwellings on abutting lots on the same side of the street within the same block. The house on the north has reduced 4.45m front yard setback and hence the proposed house depth when measured from that setback doesn't comply with the zoning By- law. -54- Report P/CA 50/23 November 8, 2023 Page 4 Engineering Services • Ensure the increased dwelling depth (if approved with this application) does not adversely affect the drainage patterns within the lot and surrounding area. Multiple Low Impact Development measures (such as infiltration galleries with downspout connections, rain gardens and 450mm topsoil) will be required at the Building Permit stage. Building Services • No concerns from Building Services, building permit application is on hold until Committee approval. TRCA • TRCA staff reviewed the requested variances, and they have no impact on TRCA’s policies and programs. As such, TRCA has no objections and recommends the approval of Minor Variance Application No. P/CA 50/23 on the condition that the applicant proceeds with a permit revision with TRCA. Public Input • As of the date of writing this report, written submissions in support of the application were received from the residents of 312 Dyson Road, 320 Dyson Road, 322 Dyson Road, and 324 Dyson Road (adjacent property to the south). Date of report: November 1, 2023 Comments prepared by: Ziya Cao Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration ZC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 50-23\7. Report\PCA 50-23 Report.doc Attachments -55- Urban City of Pickering Established A 1 Appendix A Urban Design Guideline Checklist City of Pickering Established Neighbourhood Precincts Urban Design Checklist Please note, if you mark “no” below please provide your rational in the adjacent “Comments” section either supporting, or not supporting the proposal. Yes No Comments X 1. Is the proposed dwelling height and roof pitch similar/compatible with the surrounding dwellings? (see Section 2.1: Guideline 1) Flat roof design, max height at 9.0 metres 2. If the proposed new dwelling is significantly taller than an existing adjacent house, does the roof of the proposed new dwelling slope away from the existing adjacent house? (see Section 2.1: Guideline 2) N/A X 3. Is the maximum elevation of the Front Entrance 1.2 metres, or less, above grade? (see Section 2.2: Guideline 1) X 4. Is the main entrance visible from the street? (see Section 2.2: Guideline 2) X 5. Are the stairs to the main entrance designed as an integral component of the front façade? (Section 2.2: Guideline 7) X 6. Does the design of the front entrance reduce the visual dominance of the garage and driveway? (see Section 2.2: Guideline 9) X 7. Does the proposed dwelling have a similar Dwelling Depth to the adjacent dwellings along the street? (see Section 2.3: Guideline 2) Proposed dwelling is sited to have a similar rear wall placement as the adjacent property to the south X 8. Does the proposed dwelling have a similar Side Yard Setback to the adjacent dwellings along the street? (see Figure 15) -56- Appendix A Urban Design Checklist Cont’d Urban City of Pickering Established A 2 Yes No Comments X 9. Has shadow on adjacent dwellings been mitigated with greater Side Yard Setbacks? (Section 3.1: Guideline 2) X 10. Is the garage flush or recessed from the main front wall? (see Section 3.2: Guideline 5) X 11. Is the proposed driveway width the same as the permitted garage width? (see Section 3.3: Guideline 1) X 12. Does the plan preserve existing trees? (see Section 4.1: Guideline 1) Removal of one tree required to facilitate proposal -57- DunnCrescent Ro s e b a n k R o a d K i m tonCourt RoddAvenue Nomad Road Rougemount Drive W oodgrange A venue D y s o n R o a d B e l l a V i s t a D r i v e Rosebank South Park Location MapFile:Applicant:Municipal Address: P/CA 50/23 Date: Oct. 17, 2023 Exhibit 1 ¯ E B. & Y. Javaid 326 Dyson Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 50-23\PCA50-23_LocationMap.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City Development Department -58- Ex h i b i t 2 Su b m i t t e d S i t e P l a n Fi l e N o : P / C A 5 0 / 2 3 Ap p l i c a n t : B . & Y . J a v a i d Mu n i c i p a l A d d r e s s : 3 2 6 D y s o n R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t 2 3 , 2 0 2 3   Dyson Road Rouge National Urban Park -59- Ex h i b i t 3 Re v i s e d Su b m i t t e d Si t e Pl a n (E n l a r g e d ) Fi l e N o : P/ C A 5 0 / 2 3 Ap p l i c a n t : B. & Y . J a v a i d Mu n i c i p a l A d d r e s s : 32 6 D y s o n R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Oc t 2 6, 2 0 2 3 to p e r m i t a ma x i m u m dw e l l i n g d e p t h o f 2 4 m e t r e s fo r a l o t w i t h a l o t d e p t h gr e a t e r t h a n 4 0 m e t r e s Dyson Road -60- Ex h i b i t 4 Su b m i t t e d E l e v a t i o n P l a n (Ea s t ) Fi l e N o : P / C A 5 0 / 2 3 Ap p l i c a n t : B . & Y . J a v a i d Mu n i c i p a l A d d r e s s : 3 2 6 D y s o n R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t 2 4 , 2 0 2 3   -61- Ex h i b i t 5 Su b m i t t e d E l e v a t i o n P l a n (No r t h ) Fi l e N o : P / C A 5 0 / 2 3 Ap p l i c a n t : B . & Y . J a v a i d Mu n i c i p a l A d d r e s s : 3 2 6 D y s o n R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t 2 4 , 2 0 2 3   -62- Ex h i b i t 6 Su b m i t t e d E l e v a t i o n P l a n (So u t h ) Fi l e N o : P / C A 5 0 / 2 3 Ap p l i c a n t : B . & Y . J a v a i d Mu n i c i p a l A d d r e s s : 3 2 6 D y s o n R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t 2 4 , 2 0 2 3   -63- Ex h i b i t 7 Su b m i t t e d E l e v a t i o n P l a n (We s t ) Fi l e N o : P / C A 5 0 / 2 3 Ap p l i c a n t : B . & Y . J a v a i d Mu n i c i p a l A d d r e s s : 3 2 6 D y s o n R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : O c t 2 4 , 2 0 2 3   -64-