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HomeMy WebLinkAboutJanuary 15, 2025 Committee of Adjustment Agenda Hearing Number: 1 Date: Wednesday, January 15, 2024 pickering.ca Agenda Committee of Adjustment Wednesday, January 15, 2025 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 December 11, 2024 hearing 1-9 4. Reports 4.1 (Deferred at the December 11, 2024 Committee of Adjustment Hearing) MV 72/24 – 852 Antonio Street 10-19 4.2 MV 71/24 – 901 Vistula Street 20-25 4.3 MV 74/24 – 1981 Treetop Way 26-31 4.4 MV 75/24 – 135 Secord Street 32-37 4.5 MV 82/24 – 1162 Caliper Lane 38-43 4.6 MV 01/25 – 1732 Samarillo Place (Lot 25) 44-50 5. Other Business 5.1 Adoption of Revised 2025 Hearing Schedule 51 5.2 Appointment of Secretary-Treasurer 6. Adjournment Committee of Adjustment Hearing Minutes Wednesday, December 11, 2024 7:00 pm Electronic Hearing Page 1 of 9 Pending Adoption Present Omar Ha-Redeye Denise Rundle – Vice-Chair Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Jasmine Correia, Assistant Secretary-Treasurer Nilissa Reynolds, Assistant Secretary-Treasurer – Host Liam Crawford, Planner II Kerry Yelk, Planner II Absent Not applicable. 1.Disclosure of Interest No disclosures of interest were noted. 2.Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the agenda for the Wednesday, December 11, 2024, hearing be adopted. Carried Unanimously 3.Adoption of Minutes Sean Wiley and Sakshi Sood Joshi abstained from voting on this item due to their absence at the last hearing. Moved by Rick Van Andel Seconded by Omar Ha-Redeye That the minutes of the 11th hearing of the Committee of Adjustment held Wednesday, November 13, 2024, be adopted. Carried -1- Committee of Adjustment Hearing Minutes Wednesday, December 11, 2024 7:00 pm Electronic Hearing Page 2 of 9 4.Minor Variance Reports 4.1 MV 72/24 S. Ramsarran 852 Antonio Street The applicant requests relief from Zoning By-law 2520, to permit: •a minimum (west) side yard setback of 0.3 metres, whereas the By-law requires a minimum side yard setback of 1.5 metres; •a minimum side yard setback for an accessory building containing an additional dwelling unit on lots with an area of 2,000 square metres or less shall be 1.0 metre, whereas the By law requires a minimum side yard setback for an accessory building containing an additional dwelling unit on lots with an area of 2,000 square metres or less shall be 1.2 metres; and •where an additional dwelling unit is located within an accessory building the gross floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: maximum lot coverage of 39.7 percent for all buildings (dwelling, carport, and detached ADU) on the lot, whereas the By-law requires where an additional dwelling unit is located within an accessory building the gross floor area of the additional dwelling unit shall be determined by the most restrictive of the following regulations: maximum lot coverage of 33 percent for all buildings on the lot. (Staff identified that this variance is no longer required due to recent provincial legislation where O. Reg 462/24 permits a maximum 45 percent lot coverage for all buildings and structures on a parcel where an additional residential unit is located). The applicant requests approval of these variances to obtain a building permit for an attached carport and additional residential unit in an accessory structure. Input from other sources were received from the Applicant, City’s Engineering Services, the City’s Building Services Section and one area resident. In support of the application, the applicant identified that the variances are required to convert a detached garage into an additional dwelling unit. The carport is in lieu of retrofitting the detached garage. Sunil Ramsarran, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. -2- Committee of Adjustment Hearing Minutes Wednesday, December 11, 2024 7:00 pm Electronic Hearing Page 3 of 9 The applicant has no objections to the recommendation of the City Development Department and the subsequent conditions. They are looking to have this application approved in order to create a space for elderly family members to live. After reading the report, making a site visit, no concerns from immediate neighbours, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Rick Van Andel That with respect to the variance to permit a minimum (west) side yard setback of 0.3 metres, application MV 72/24 by S. Ramsarran, 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 conditions: 1.That this variance applies only to the proposed carport, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7 contained in the staff report to the Committee of Adjustment, dated December 11, 2024); and 2.That applicant revises their submitted carport and building plans and site plans to the satisfaction of Engineering Services to show that the carport concrete footings are contained entirely within the subject property, and downspout(s) are directed to the front or rear of the building to avoid directly discharging to the neighbouring properties (refer to Exhibit 7 contained in the staff report to the Committee of Adjustment, dated December 11, 2024). And That with respect to the variance for a minimum (west) side yard setback to permit the additional residential unit in an accessory structure, application MV 72/24 by S.Ramsarran, be Tabled until Council adopts an amendment to Zoning By-law 2520 to implement the provincial regulations outlined in O. Reg 462/24 and for any other variances to be identified. Carried Unanimously -3- Committee of Adjustment Hearing Minutes Wednesday, December 11, 2024 7:00 pm Electronic Hearing Page 4 of 9 4.2 MV 73/24 Miller Waste Systems Inc. 1220, 1250 and 1280 Squires Beach Road The applicant is requesting relief from Zoning By-law 2511, as amended by By-law 61/74, to permit: •accessory structures (2 storage bunkers and 4 above-grade storage tanks) which are not part of the main building to be erected in the north side yard, whereas the By-law requires that all accessory buildings which are not part of the main building shall be erected in the rear yard; and •a reduced parking requirement of 226 parking spaces, whereas the By-law requires that the minimum parking for an industrial use shall be 1 space per 56 square metres of gross floor area (257 parking spaces). The applicant requests approval of this minor variance application to obtain approval of a Site Plan Amendment for an approved waste management facility. Input from other sources were received from the Applicant, City’s Engineering Services, the City’s Building Services Section and the Toronto & Region Conservation Authority. In support of the application, the applicant submitted a cover letter. Mike Kopansky, applicant, and Nick Pileggi and Christine Yee, agents, were present to represent the application. No further representation was present in favour of or in objection to the application. In support of the application the agent made a brief presentation. In response to questions from Committee members the representatives clarified the following: the number of staff currently on-site is unknown, employees work on shifts and due to this being a waste management activity facility the number of staff is less than what the By-law anticipates; and they are working with TRCA to fulfill any requirements. A Committee member commented that the nature of this proposal fits into the surrounding neighbourhood. Moved by Omar Ha-Redeye Seconded by Denise Rundle -4- Committee of Adjustment Hearing Minutes Wednesday, December 11, 2024 7:00 pm Electronic Hearing Page 5 of 9 That application MV 73/24 by Miller Waste Systems Inc., 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 these variances apply only to the proposed development (2 storage bunkers and 4 above-grade storage tanks), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4 contained in the staff report to the Committee of Adjustment, dated December 11, 2024). 2.That a TRCA permit be obtained prior to the issuance of a building permit. Carried Unanimously 4.3 MV 76/24 R. Krishnan & V. Sinnathamby 1461 Old Forest Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21, to permit: •a maximum dwelling depth of 23.9 metres, whereas the By-law requires a maximum dwelling depth of 20.0 metres; •a minimum front yard setback of 12.1 metres, whereas the By-law requires a minimum front yard setback (as determined by the adjacent lot to the north) of 19.5 metres; •a maximum dwelling height of 10.5 metres, whereas the By-law requires a maximum dwelling height of 9.0 metres; and •a maximum driveway width of 9.2 metres, whereas the By-law requires a maximum driveway width of 6.0 metres. The applicant requests approval of these variances in order to obtain a building permit to construct a new detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section. In support of the application, the applicant identified that the configuration of the lot makes compliance with zoning provisions difficult to comply with. The road is diagonal to the lot frontage. The grade of the property at the rear is higher than the front portion of the lot. -5- Committee of Adjustment Hearing Minutes Wednesday, December 11, 2024 7:00 pm Electronic Hearing Page 6 of 9 Warren Sinnathanmby, applicant, and Bill Plewes, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The agent stated that this is an infill lot, and this application is required due to the road at the front of the house skewing on an angle, pushing the lots back, and an elevation change at the back of the property. They have worked with staff to propose this application. A Committee member confirmed that from the vantage point of Old Forest Road there are unique dimensions to the elevation of this property, which may speak to the necessity of these variances. Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application MV 76/24 by R. Krishnan & V. Sinnathamby, 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 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 contained in the staff report to the Committee of Adjustment, dated December 11, 2024). Carried Unanimously 4.4 MV 77/24 to MV 81/24 Elizabeth Homes Limited 1189, 1191, 1193, 1195 and 1197 Elizabeth Mackenzie Drive MV 77/24 – 1189 Elizabeth Mackenzie Drive The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit: an attached private garage, which is deemed to be part of the main building on the lot, is permitted provided that the wall of the private garage facing the lane is located no further than 15.8 metres from the rear lot line, whereas the By-law permits attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. -6- Committee of Adjustment Hearing Minutes Wednesday, December 11, 2024 7:00 pm Electronic Hearing Page 7 of 9 MV 78/24 – 1191 Elizabeth Mackenzie Drive The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit: an attached private garage, which is deemed to be part of the main building on the lot, is permitted provided that the wall of the private garage facing the lane is located no further than 14.0 metres from the rear lot line, whereas the By-law permits attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. MV 79/24 – 1193 Elizabeth Mackenzie Drive The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit: an attached private garage, which is deemed to be part of the main building on the lot, is permitted provided that the wall of the private garage facing the lane is located no further than 12.2 metres from the rear lot line, whereas the By-law permits attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. MV 80/24 – 1195 Elizabeth Mackenzie Drive The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit: an attached private garage, which is deemed to be part of the main building on the lot, is permitted provided that the wall of the private garage facing the lane is located no further than 10.3 metres from the rear lot line, whereas the By-law permits attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. MV 81/24 – 1197 Elizabeth Mackenzie Drive The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit: an attached private garage, which is deemed to be part of the main building on the lot, is permitted provided that the wall of the private garage facing the lane is located no further than 8.5 metres from the rear lot line, whereas the By-law permits attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane is located no further than 7.5 metres from the rear lot line. The applicant requests approval of these minor variance applications to obtain building permits to construct five residential units located within a block townhouse. Input from other sources was received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. -7- Committee of Adjustment Hearing Minutes Wednesday, December 11, 2024 7:00 pm Electronic Hearing Page 8 of 9 In support of the application, the applicant identified that the depth of the lot will require that the dwellings be increased in length to meet the maximum front yard setback of 4.5 metres and rear yard setback of 7.5 metres. The increase in square footage is beyond what would be affordable for the townhouse. Richard Vink, agent, 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, the agent confirmed that the houses are freehold, and that the garages back onto a laneway. There would be no negative impact to the adjacent properties as most of the development’s dwellings’ driveways back onto laneways. The variances would increase visibility. Moved by Omar Ha-Redeye Seconded by Rick Van Andel That application MV 77/24 to MV 81/24 by Elizabeth Homes Limited, 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 these variances apply only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, dated December 11, 2024). Carried Unanimously 5.Other Business 5.1 Adoption of 2025 Hearing Schedule Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the 2025 Hearing Schedule be adopted for the 2025 term. Carried Unanimously 5.2 Appointment of Chairperson Moved by Denise Rundle Seconded by Sakshi Sood Joshi That Sean Wiley be appointed as Chairperson for the 2025 term. Carried Unanimously -8- Committee of Adjustment Hearing Minutes Wednesday, December 11, 2024 7:00 pm Electronic Hearing Page 9 of 9 5.3 Appointment of Vice Chairperson Moved by Sean Wiley Seconded by Rick Van Andel That Denise Rundle be appointed as Vice Chairperson for the 2025 term. Carried Unanimously 6.Adjournment Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That the 12th hearing of the 2024 Committee of Adjustment be adjourned at 7:43 pm. Carried Unanimously __________________________ 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 -9- Report to Committee of Adjustment Application Number: MV 72/24 Date: January 15, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: (Deferred at the December 11, 2024 Committee of Adjustment Hearing) Minor Variance Application MV 72/24 S. Ramsarran 852 Antonio Street Application The applicant requests relief from Zoning By-law 2520, to permit a minimum side yard setback for an accessory building containing an additional dwelling unit on lots with an area of 2,000 square metres or less shall be 1.0 metre, whereas the By-law requires a minimum side yard setback for an accessory building containing an additional dwelling unit on lots with an area of 2,000 square metres or less shall be 1.2 metres. The applicant requests approval of this variance to obtain a building permit for an additional residential unit in an accessory structure. Recommendation For your information, and based solely on the application 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1.That this variance applies only to the additional residential unit in an accessory structure, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). Background The accessory building was initially constructed as a detached garage and has existed on the subject property for over 40 years without any records of a Building Permit application. Council Adoption of Consolidated Zoning By-law 8149/24 On December 16, 2024, City Council adopted the Consolidated Zoning By-law 8149/24. Notice of Passing of a By-law was dated and mailed on December 20, 2024, initiating a 20-day Appeal period to end on January 9, 2025. During this time, appeals of the Consolidated Zoning By-law may be submitted to the Ontario Land Tribunal (OLT). -10- Report MV 72/24 January 15, 2025 Page 2 Minor Variance applications submitted following the date of passing of the Consolidated Zoning By-law 8149/24 (December 16, 2024) will be reviewed for zoning compliance against both the applicable zoning provisions in the former Parent By-law (Zoning By-law as it was prior to December 16, 2024) and the adopted Consolidated Zoning By-law. Transition provisions of By-law 8149/24 allow for minor variance applications submitted prior to the date of passing of the Consolidated Zoning By-law (December 16, 2024) to be reviewed against the former Parent By-law provisions. Minor Variance application MV 72/24 was submitted prior to December 16, 2024, and is reviewed against the former Parent Zoning By-law 2520, as amended. Comment General Intent and Purpose of the Official Plan The More Homes Built Faster Act (Bill 23) made changes that removed statutory powers under the Planning Act from certain upper-tier municipalities including Durham Region. As of January 1, 2025, the applicable parts of the Regional Official Plan for Durham are now deemed to be part of Pickering’s Official Plan. In case of conflict, the Regional Official Plan prevails over Pickering’s Official Plan. Under the Regional Official Plan, the subject property is designated “Urban System – Community Areas”. The subject site is designated Urban Residential Areas – Low Density Area within the Bay Ridges Neighbourhood. The applicant is proposing to construct an attached carport and convert an existing detached garage into an additional dwelling unit. Official Plan Policy 6.7(a) permits one additional dwelling unit within a building accessory to a single detached dwelling. Furthermore, Official Plan Policy 6.4(e) encourages additional dwelling units in all residential areas, where appropriate, including in accessory buildings. Staff is of the opinion that the variance maintains the general intent and purpose of the Official Plan. General Intent and Purpose of the Zoning By-law The subject property is zoned “R4” – Detached Residential under Zoning By-law 2520, as amended. A detached dwelling along with two additional dwelling units are permitted on the subject property. Side Yard Setback for an Accessory Building containing an Additional Dwelling Unit The applicant is requesting a minimum side yard setback of 1.0 metres for an accessory building with an ADU, whereas the By-law requires a minimum setback of 1.2 metres. The intent of this provision is to regulate an appropriate setback for maintenance of yards and to maintain effective setback for stormwater drainage. -11- Report MV 72/24 January 15, 2025 Page 3 The existing accessory building was constructed prior to the adoption of the Additional Dwelling Unit By-law 8035/23. The accessory building previously complied with the setback requirements for accessory buildings under Section 5.19 of By-law 2520, which required a minimum rear yard setback of 1.0 metre. The existing placement of the accessory building has had no negative impacts with respect to stormwater drainage and lot maintenance. Staff is of the opinion that the variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variance will allow for an accessory building to contain an additional residential unit within the rear yard of the property. The placement and scale of the existing accessory building is in keeping with the character of the neighbourhood. The existing accessory building has remained on the lot for over 40 years with minimal negative impacts on the adjacent properties. Staff is of the opinion that the requested variance is desirable for the appropriate development of the land and is minor in nature. Input From Other Sources Applicant •The variances are required to convert a detached garage into an additional dwelling unit. Durham Region Planning and Economic Development •No comments. Engineering Services •Ensure the reduced side yard setback (if approved with this application) does not adversely affect the drainage patterns within the lots and surrounding area. Building Services •No concerns; permit application is on hold until Committee’s decision. Public Input •A neighbour has provided City Development staff with a letter, dated October 14, 2024, in support of the project and has no concerns regarding the impact of construction on their property. Date of report: January 9, 2025 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration KY:nr /CityDevDept/D3700/2024/MV 72-24/7. Report/January 15 Hearing/MV 72-24 Report.doc Attachments Original Signed by Original Signed by -12- Haller Avenue Old Orchard Avenue Patmore Lane ""O Cll 0 0::: 0 0 e-Q) > :.J af:j of PlCKERlNG City Development Department L:\PLANNING\01-MapFiles\MV\2024\MV 72-24\MV72-24.aprx 1'. Cll > ~ :, 0 a:i .c (.) e Cll z Location Map File: MV 72/24 Applicant: S. Ramsarran 1'. Cll > Q) :, 0 a:i Q) :0 0 C ~ ('.) Municipal Address:852 Antonio Street @ The Corporation of the City of Pickering Produced (in part) under license from: @ Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.,@ Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.;@ Teranet Enterprises Inc. and its suppliers. All rights reserved.,@ Municipal Property Assessment Corporation and its suppliers. All rights reserved. Exhibit 1 Garvolin Avenue ""O Cll 0 0::: C ""O 0 ~ Date: Nov. 04, 2024 SCALE: 1:2,500 I THIS ISNOTAPLANOF SURVEY. -13- Ex h i b i t 2 Su b m i t t e d S i t e P l a n ( R e v i s e d ) Fi l e N o : MV 72 /2 4 Ap p l i c a n t : S. R a m s a r r a n Mu n i c i p a l A d d r e s s : 8 5 2 A n t o n i o S t r e e t 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 : N o v e m b e r 2 5 , 2 0 2 4 to p e r m i t a m i n i m u m s i d e y a r d s e t b a c k fo r a n a c c e s s o r y b u i l d i n g c o n t a i n i n g a n ad d i t i o n a l d w e l l i n g u n i t o n l o t s w i t h a n ar e a o f 2 , 0 0 0 s q u a r e m e t r e s o r l e s s s h a l l be 1 . 0 m e t r e -14- Ex h i b i t 3 Su b m i t t e d C a r p o r t E l e v a t i o n Fi l e N o : MV 72 /2 4 Ap p l i c a n t : S. R a m s a r r a n Mu n i c i p a l A d d r e s s : 8 5 2 A n t o n i o S t r e e t 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 : N o v e m b e r 2 5 , 2 0 2 4 Si d e ( W e s t ) E l e v a t i o n -15- Ex h i b i t 4 Su b m i t t e d A c c e s s o r y S t r u c t u r e w i t h A D U E l e v a t i o n Fi l e N o : MV 72 /2 4 Ap p l i c a n t : S. R a m s a r r a n Mu n i c i p a l A d d r e s s : 8 5 2 A n t o n i o S t r e e t 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 : N o v e m b e r 2 5 , 2 0 2 4 -16- Ex h i b i t 5 Su b m i t t e d A c c e s s o r y S t r u c t u r e w i t h A D U E l e v a t i o n s Fi l e N o : MV 72 /2 4 Ap p l i c a n t : S. R a m s a r r a n Mu n i c i p a l A d d r e s s : 8 5 2 A n t o n i o S t r e e t 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 : N o v e m b e r 2 5 , 2 0 2 4 -17- Ex h i b i t 6 Su b m i t t e d A c c e s s o r y S t r u c t u r e w i t h A D U E l e v a t i o n s Fi l e N o : MV 72 /2 4 Ap p l i c a n t : S. R a m s a r r a n Mu n i c i p a l A d d r e s s : 8 5 2 A n t o n i o S t r e e t 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 : N o v e m b e r 2 5 , 2 0 2 4 -18- Ex h i b i t 7 Su b m i t t e d S i t e R o o f P l a n f o r C a r p o r t Fi l e N o : MV 72 /2 4 Ap p l i c a n t : S. R a m s a r r a n Mu n i c i p a l A d d r e s s : 8 5 2 A n t o n i o S t r e e t 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 : D e c e m b e r 5 , 2 0 2 4 -19- Report to Committee of Adjustment Application Number: MV 71/24 Date: January 15, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 71/24 J. Ricketts 901 Vistula Drive Application The applicant requests relief from Zoning By-law 2520, as amended, to permit: • an accessory building (shed) to be erected in the flankage yard, whereas the By-law requires all accessory buildings which are not part of the main building to be erected in the rear yard; and • an accessory building (shed) with a height of 3.8 metres, whereas the By-law states no accessory building shall exceed a height of 3.5 metres in any residential zone. The applicant requests approval of this minor variance application to permit a shed in the flankage yard. Recommendation For your information and based solely on the application 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 not be minor in nature, not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. 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 existing shed, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). Background Council Adoption of Consolidated Zoning By-law 8149/24 On December 16, 2024, City Council adopted the Consolidated Zoning By-law 8149/24. Notice of Passing of a By-law was dated and mailed on December 20, 2024, initiating a 20-day Appeal period to end on January 9, 2025. During this time, appeals of the Consolidated Zoning By-law may be submitted to the Ontario Land Tribunal (OLT). -20- Report MV 71/24 January 15, 2025 Page 2 Minor Variance applications submitted following the date of passing of the Consolidated Zoning By-law (December 16, 2024) will be reviewed for zoning compliance against both the applicable zoning provisions in the former Parent By-law (Zoning By-law as it was prior to December 16, 2024) and the adopted Consolidated Zoning By-law. Transition provisions of By-law 8149/24 allow for minor variance applications submitted prior to the date of passing of the Consolidated Zoning By-law (December 16, 2024) to be reviewed against the former Parent By-law provisions. Minor Variance application MV 71/24 was submitted prior to December 16, 2024, and is reviewed against the former Parent Zoning By-law 2520, as amended. Comment Conforms to the Intent of the Official Plan The More Homes Built Faster Act (Bill 23) made changes that removed statutory powers under the Planning Act from certain upper-tier municipalities including Durham Region. As of January 1, 2025, the applicable parts of the Regional Official Plan for Durham are now deemed to be part of Pickering’s Official Plan. In case of conflict, the Regional Official Plan prevails over Pickering’s Official Plan. Under the Pickering Official Plan, the subject property is designated “Urban Residential Areas – Low Density Areas” within the West Shore Neighbourhood. Under the Regional Official Plan, the subject property is designated “Urban System – Community Areas”. Residential uses such as detached dwellings and associated accessory structures are permitted within this designation. Staff is of the opinion that the requested variances maintain the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The requested variances are to permit an existing shed with a maximum height of 3.8 metres and to be located within the flankage yard. The intent of locating accessory structures in the rear yard is to minimize the visual impact of accessory buildings on adjacent properties and the streetscape, ensure appropriate drainage, and to ensure that unobstructed access to the rear of the property is available. The intent of the maximum height requirement of 3.5 metres is to minimize the visual impact on adjacent properties. The applicant has indicated that the subject shed replaced a previously existing shed with the same side yard setback but a significantly lower height. As the shed is less than 15 square metres in size a building permit is not required for its construction. The previous shed was also not permitted within the side yard. The proposed shed is located within the side (flankage) yard and is measured at 3.8 metres in height. However, due to the structure's location and significant height, it will have visual impacts on the streetscape along West Shore Boulevard. -21- Report MV 71/24 January 15, 2025 Page 3 Staff is of the opinion that the requested variances do not maintain the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The proposed location of the shed will have a significant visual impact on the streetscape, which is in part due to the significant height of the shed in relation to the existing principal dwelling. Staff is of the opinion that the requested variances are not desirable for the appropriate development of the land and are not minor in nature. Input From Other Sources Applicant •To replace an existing shed in the side yard. Durham Region Planning and Economic Development •No comments. Engineering Services •Ensure the accessory building (shed) in the flankage yard does not adversely affect the drainage patterns within the lot and surrounding area. Building Services •No comments; building permit is not required since the shed is less than 15 square metres. Public Input •No written submissions have been received from the public as of the date of writing this report. Date of report: January 9, 2025 Comments prepared by: Bahar Ebrahimi Deborah Wylie, MCIP, RPP Senior Zoning Examiner Manager, Zoning & Administration BE:nr /CityDevDept/D3700/2024/MV 71-24/7. Report/MV 71-24 Report.docx Attachments Original Signed by Original Signed by -22- We s t S h o r e B o u l e v a r d Vistula Drive Highway 4 0 1 Ba t o r y A v e n u e Hillcrest Road Lynx Avenue Sanok Drive Bayly Street Cecylia Court Ma r i n e t C r e s c e n t VistulaRavine GlenRavine Park Location MapFile:Applicant:Municipal Address: MV 71/24 Date: Oct. 18, 2024 Exhibit 1 ¯ E J. Ricketts901 Vistula Drive SubjectLands L:\PLANNING\01-MapFiles\MV\2024\MV 71-24\MV71-24_LocationMap.mxd 1:2,000 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 DevelopmentDepartment -23- Exhibit 2 to permit a maximum height of 3.8 metres for an accessory building (shed) to permit an accessory building in the flankage yard Shed Submitted Plan File No: MV 71/24 Applicant: J. Ricketts Municipal Address: 901 Vistula Drive CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: November 25, 2024 -24- Exhibit 3 South Face Elevation File No: MV 71/24 Applicant: J. Ricketts Municipal Address: 901 Vistula Drive CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: November 25, 2024 to permit a maximum height of 3.8 metres for an accessory building -25- Report to Committee of Adjustment Application Number: MV 74/24 Date: January 15, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 74/24 D. Paripati & S. Satpute 1981 Treetop Way Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4508/94, to permit a minimum of 3 parking spaces, whereas the By-law requires a minimum of 4 parking spaces. The applicant requests approval of this variance to obtain a building permit for an additional residential unit in an accessory structure. Recommendation For your information, and based solely on the application 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance applies only to the additional residential unit in an accessory structure, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). Council Adoption of Consolidated Zoning By-law 8149/24 On December 16, 2024, City Council adopted the Consolidated Zoning By-law 8149/24. Notice of Passing of a By-law was dated and mailed on December 20, 2024, initiating a 20-day Appeal period to end on January 9, 2025. During this time, appeals of the Consolidated Zoning By-law may be submitted to the Ontario Land Tribunal (OLT). Minor Variance applications submitted following the date of passing of the Consolidated Zoning By-law (December 16, 2024) will be reviewed for zoning compliance against both the applicable zoning provisions in the former Parent By-law (Zoning By-law as it was prior to December 16, 2024) and the adopted Consolidated Zoning By-law. Transition provisions of By-law 8149/24 allow for minor variance applications submitted prior to the date of passing of the Consolidated Zoning By-law (December 16, 2024) to be reviewed against the former Parent By-law provisions. -26- Report MV 74/24 January 15, 2025 Page 2 Minor Variance application MV 74/24 was submitted prior to December 16, 2024, and is reviewed against the former Parent Zoning By-law 3036, as amended. Comment General Intent and Purpose of the Official Plan The More Homes Built Faster Act (Bill 23) made changes that removed statutory powers under the Planning Act from certain upper-tier municipalities including Durham Region. As of January 1, 2025, the applicable parts of the Regional Official Plan for Durham are now deemed to be part of Pickering’s Official Plan. In case of conflict, the Regional Official Plan prevails over Pickering’s Official Plan. Under the Regional Official Plan, the subject property is designated “Urban System – Community Areas”. The subject site is designated Urban Residential Areas – Low Density Area within the Bay Ridges Neighbourhood. The applicant is proposing to construct an attached carport and convert an existing detached garage into an additional dwelling unit. Official Plan Policy 6.7(a) permits one additional dwelling unit within a building accessory to a single detached dwelling. Furthermore, Official Plan Policy 6.4(e) encourages additional dwelling units in all residential areas, where appropriate, including in accessory buildings. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. General Intent and Purpose of the Zoning By-law The subject property is zoned “RM2-1” – Residential Multiple by Zoning By-law 3036, as amended by By-law 4508/94. A residential dwelling along with two additional dwelling units are permitted on the subject property. An additional dwelling unit was approved and exists within the principal residence. The principal residence requires a minimum of 1.5 parking spaces. Each additional dwelling unit requires one parking space. Therefore, a total of 4 parking spaces are required on the lot. Reduction in Parking Spaces Variance The purpose of requiring a total of four parking spaces is to ensure sufficient parking is provided for dwelling units located on a lot, and to ensure on-street parking is avoided. The applicant requests a variance to provide a total of three parking spaces, whereas Zoning By-law 4508/94 requires a total of four spaces comprised of 1.5 spaces for the principal dwelling, one parking space for the existing ADU within the principal residence and one parking space for the proposed second ADU within an accessory structure. Therefore, a total of 3.5 rounded up to 4 parking spaces are required on the lot. Presently, there are three parking spaces on the property (one in the garage, and two within the front yard). The subject property is situated within 300 metres from the nearest bus stop on Durham Region Transit Route 121, which provides connections to the Pickering GO Station for additional -27- Report MV 74/24 January 15, 2025 Page 3 regional transit options and access to services across the region. Furthermore, in April 2024, the Council amended the Traffic & Parking By-law 6604/05 to allow parking of vehicles on residential driveway aprons. This update allows for operative vehicles to be parked parallel or perpendicular to the road as long as they are not on the grass, overhanging the road or sidewalk. The applicant has demonstrated that the required fourth parking space could fit within a portion of the front of the property and the driveway apron, without encroaching into the road. Staff is of the opinion that the reduction in parking spaces on the lot maintains the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The approval of the requested variance will permit an ADU within an accessory structure on the lot. Based on the provincial direction, the proposal meets the requirements of the Planning Act. Staff is of the opinion that the proposed variance is desirable for appropriate development of the land and is minor in nature. Input From Other Sources Applicant Durham Region Planning and Economic Development Engineering Services Building Services Public Input •The house is located at the corner and the front lot line does not permit the creation of another parking space. •No comments. •The applicant is responsible for contacting the utility company and paying the associated fees to relocate the utility pedestal, if required and approved. No curb cuts will be permitted. •No concerns; Building Permit is required prior construction. •As of the date of writing this report, no written submission has been received from the public. Date of report: January 9, 2025 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration KY:nr /CityDevDept/D3700/2024/MV 74-24/7. Report/MV 74-24 Report.doc Attachments Original Signed by Original Signed by -28- Calvington Drive af:j of Location Map File: MV 7 4/24 PlCKERlNG Applicant: D. Paripati & S. Satpute City Development Municipal Address:1981 Treetop Way @ The Corporation of the City of Pickering Produced (in part) under license from: Department @ Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.,@ Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.;@ Teranet Enterprises Inc. and its suppliers. All rights reserved.,@ Municipal Property Assessment Corporation and its suppliers. All rights reserved. L:\PLANNING\01-MapFiles\MV\2024\MV 74-24\MV 74-24\MV 74-24.aprx c Q) (.) Cl) ~ u Exhibit 1 Foxwood Trail Date: Nov. 04, 2024 SCALE: 1:2,500 I THIS ISNOTAPLANOF SURVEY. -29- 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 : MV 74 /2 4 Ap p l i c a n t : D . P a r i p a t i & S . S a t p u t e Mu n i c i p a l A d d r e s s : 1 9 8 1 T r e e t o p W a y 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 : D e c e m b e r 2 3 , 2 0 2 4 to p e r m i t a m i n i m u m of 3 p a r k i n g s p a c e s -30- Ex h i b i t 3 Su b m i t t e d E l e v a t i o n Fi l e N o : MV 74 /2 4 Ap p l i c a n t : D . P a r i p a t i & S . S a t p u t e Mu n i c i p a l A d d r e s s : 1 9 8 1 T r e e t o p W a y 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 : D e c e m b e r 2 3 , 2 0 2 4 -31- Report to Committee of Adjustment Application Number: MV 75/24 Date: January 15, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 75/24 M. Chinapen 135 Secord Street Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93, to permit uncovered steps or platforms not exceeding 1.3 metres in height above grade and not projecting more than 2.8 metres into the 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. The applicant requests approval of this minor variance application to obtain a building permit for a rear yard deck with associated steps. Recommendation For your information, and based solely on the application 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance applies only to the proposed rear yard deck, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). Background Council Adoption of Consolidated Zoning By-law 8149/24 On December 16, 2024, City Council adopted the Consolidated Zoning By-law 8149/24. Notice of Passing of a By-law was dated and mailed on December 20, 2024, initiating a 20-day Appeal period to end on January 9, 2025. During this time, appeals of the Consolidated Zoning By-law may be submitted to the Ontario Land Tribunal (OLT). -32- Report MV 75/24 January 15, 2025 Page 2 Minor Variance applications submitted following the date of passing of the Consolidated Zoning By-law (December 16, 2024) will be reviewed for zoning compliance against both the applicable zoning provisions in the former Parent By-law (Zoning By-law as it was prior to December 16, 2024) and the adopted Consolidated Zoning By-law. Transition provisions of By-law 8149/24 allow for minor variance applications submitted prior to the date of passing of the Consolidated Zoning By-law (December 16, 2024) to be reviewed against the former Parent By-law provisions. Minor Variance application MV 75/24 was submitted prior to December 16, 2024, and is reviewed against the former Parent Zoning By-law 3036, as amended. Comment Conforms to the Intent of the Official Plan The More Homes Built Faster Act (Bill 23) made changes that removed statutory powers under the Planning Act from certain upper-tier municipalities including Durham Region. As of January 1, 2025, the applicable parts of the Regional Official Plan for Durham are now deemed to be part of Pickering’s Official Plan. In case of conflict, the Regional Official Plan prevails over Pickering’s Official Plan. Under the Regional Official Plan, the subject property is designated “Urban System – Community Areas”. The subject property is designated “Urban Residential Areas – Low Density Areas” within the Highbush Neighbourhood. Residential uses such as detached dwellings and associated accessory structures are permitted within this designation. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The requested variance is to permit an uncovered deck, not exceeding 1.3 metres in height above grade and not projecting more than 2.8 metres into the required rear yard, whereas the By-law permits platforms (decks) not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into the required rear yard. The intent of this provision is to protect the privacy of abutting properties and to ensure that adequate space is provided within the rear yard for outdoor amenity space and soft landscaping. The deck minimizes privacy impacts on adjacent properties by maintaining a setback of 4.8 metres from the rear lot line. Furthermore, there appears to be existing mature vegetation within the rear yard of the subject property, which assists with screening the deck from adjacent properties. -33- Report MV 75/24 January 15, 2025 Page 3 The size of the deck and the layout of the rear yard, as shown in the applicant’s submitted plans, demonstrate that sufficient space is provided in the rear yard for outdoor amenity space and soft landscaping. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variance is intended to replace an existing deck, which is accessed from the first floor of the dwelling and contributes towards the total amount of usable amenity space in the rear yard. The deck's size and projection are consistent with existing rear yard decks along Secord Street. The deck is setback from all lot lines to allow for soft landscaping and drainage. Staff is of the opinion that the requested variance is desirable for the appropriate development of the land and is minor in nature. Input From Other Sources Applicant •To replace an existing deck to access the rear yard. Durham Region Planning and Economic Development •No comments. Engineering Services •Ensure the projection of the deck in the rear yard does not adversely affect the drainage patterns within the lot and surrounding area. Building Services •No comments; permit application is on hold until the Committee’s decision. Public Input •No written submissions have been received from the public as of the date of writing this report. Date of report: January 9, 2025 Comments prepared by: Bahar Ebrahimi Deborah Wylie, MCIP, RPP Senior Zoning Examiner Manager, Zoning & Administration BE:nr /CityDevDept/D3700/2024/MV 75-24/7. Report/MV 75-24 Report.docx Attachments Original Signed by Original Signed by -34- Exhibit 1 I J I V Sandcherry Court ~ :, 0 (.) t Q) .c -(.) I ""O C "' (/) r-- r- - - I r-- Copley Street Subject.., c Q) Lands (.) en ~ (.) ' I Q) \ .0£ c -~ .c Q) (.) I-en Secord Street ◄f ~ (.) Q) ~ Q) :, Ol C ~ ""O Q) ~ ii: > <t'. ~ >, Q) ~ > -e "' -> (9 Q) C ~ 0::: I/ i---l-.. I ~\ r-- I r-- r-- - I - White Pine Crescent West Lane I t-- 1-..... -~ I i ~ I /y -I I ~-~~ ./ I af:j of Location Map File: MV 75/24 PlCKERlNG Applicant: M. Chinapen City Development Municipal Address: 135 Secord Street @ The Corporation of the City of Pickering Produced (in part) under license from: Date: Nov. 08, 2024 Department @ Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.,@ Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.;@ Teranet Enterprises Inc. and its SCALE; 1;3,000 I suppliers. All rights reserved.,@ Municipal Property Assessment Corporation and its suppliers. All rights reserved. THIS ISNOTAPLANOF SURVEY. L:\PLANNING\01-MapFiles\MV\2024\MV 75--24\MV 75--24\MV 75--24.aprx -35- 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 : M V 7 5 / 2 4 Ap p l i c a n t : M . C h i n a p e n Mu n i c i p a l A d d r e s s : 1 3 5 S e c o r d S t r e e t 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 : D e c e m b e r 2 3 , 2 0 2 4 Se c o r d S t r e e t Valley Ridge Crescent Ex i s t i n g Dw e l l i n g Pr o p o s e d D e c k w i t h St e p s to p e r m i t u n c o v e r e d st e p s o r p l a t f o r m s n o t ex c e e d i n g 1 . 3 m e t r e s i n he i g h t a b o v e g r a d e a n d no t p r o j e c t i n g m o r e t h a n 2. 8 m e t r e s i n t o a n y re q u i r e d r e a r y a r d 7. 5 3 m 4. 7 9 m -36- Ex h i b i t 3 Su b m i t t e d E l e v a t i o n a n d F l o o r P l a n Fi l e N o : M V 7 5 / 2 4 Ap p l i c a n t : M . C h i n a p e n Mu n i c i p a l A d d r e s s : 1 3 5 S e c o r d S t r e e t 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 : D e c e m b e r 2 3 , 2 0 2 4 -37- Report to Committee of Adjustment Application Number: MV 82/24 Date: January 15, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 82/24 K. Kengatharampillai 1162 Caliper Lane Application The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit stairs to a porch or deck to encroach to within 0.95 of a metre of an interior side lot line, whereas the By-law requires stairs to a porch or deck may encroach to within 0.6 of a metre of an interior side lot line. The applicant requests approval of this minor variance application to obtain a building permit to construct a side yard entrance. Recommendation For your information, and based solely on the application 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance applies only to the side yard entrance and associated steps, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). Council Adoption of Consolidated Zoning By-law 8149/24 On December 16, 2024, City Council adopted the Consolidated Zoning By-law 8149/24. Notice of Passing of a By-law was dated and mailed on December 20, 2024, initiating a 20-day Appeal period to end on January 9, 2025. During this time, appeals of the Consolidated Zoning By-law may be submitted to the Ontario Land Tribunal (OLT). Minor Variance applications submitted following the date of passing of the Consolidated Zoning By-law (December 16, 2024) will be reviewed for zoning compliance against both the applicable zoning provisions in the former Parent By-law (Zoning By-law as it was prior to December 16, 2024) and the adopted Consolidated Zoning By-law. Transition provisions of By-law 8149/24 allow for minor variance applications submitted prior to the date of passing of -38- Report MV 82/24 January 15, 2025 Page 2 the Consolidated Zoning By-law (December 16, 2024) to be reviewed against the former Parent By-law provisions. Minor Variance application MV 82/24 was submitted prior to December 16, 2024, and is reviewed against the former Parent Zoning By-law 7364/14, as amended. Comment General Intent and Purpose of the Official Plan The More Homes Built Faster Act (Bill 23) made changes that removed statutory powers under the Planning Act from certain upper-tier municipalities including Durham Region. As of January 1, 2025, the applicable parts of the Regional Official Plan for Durham are now deemed to be part of Pickering’s Official Plan. In case of conflict, the Regional Official Plan prevails over Pickering’s Official Plan. Under the Regional Official Plan, the subject property is designated “Urban System – Community Areas”. The subject site is designated “Urban Residential Areas – Low Density Area” within the Lamoreaux Neighbourhood. Lands within this designation are intended to accommodate residential uses including detached dwellings. The proposed variance maintains the general intent and purpose of the Official Plan. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. General Intent and Purpose of the Zoning By-law The subject property is zoned “LD2” – Low Density Residential under Zoning By-law 7364/14, as amended by By-law 7857/21. The intent of the by-law provision to permit uncovered steps and a platform to be setback a minimum of 0.6 of a metre from an interior side lot line is to maintain an adequate buffer space between structures and to accommodate for pedestrian access, utility and residential services. The applicant is proposing to construct a platform with associated steps that will extend 0.95 of a metre into the required interior (east) side yard to provide access to a side entrance of the dwelling. The Fire Services department has indicated to staff that the proposed layout is satisfactory and will allow for access into the side yard entrance. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The side door entrance is elevated 0.5 of a metre above grade level requiring steps to safely access the entrance. The proposed platform has an area of 0.9 of a metre by 0.9 of a metre which results in a minor encroachment into the side yard. The proposed platform has a two-step crossover design allowing access from the front to rear yards. The requested variance is desirable for the appropriate development of the land and is minor in nature. -39- Report MV 82/24 January 15, 2025 Page 3 Input From Other Sources Applicant •There is a 0.6 metre level difference between the existing grade and proposed deck level. Therefore, a landing is required to comply with O.B.C requirements. Durham Region Planning and Economic Development •No comments. Engineering Services •No comments. Building Services •Finished basement and side door entrance was constructed without the benefit of building permit. Permit application is on hold until Committee’s decision. Public Input •No written submissions have been received from the public as of the date of writing this report. Date of report: January 9, 2025 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration KY:nr /CityDevDept/D3700/2024/MV 82-24/7. Report/MV 82-24 Report.doc Attachments Original Signed by Original Signed by -40- Burk h o l d e r D r i v e Azalea A v e n u e CactusCrescent Hibis c u s D r i v e Sepi a S q u a r e DrawstringLane Carin a T e r r a c e Citri n e S t r e e t EnchantedCrescent PeterMatthewsDrive Cerise M anor Balti c L a n e Calip e r L a n e Location MapFile:Applicant:Municipal Address: MV 82/24 Date: Dec. 11, 2024 Exhibit 1 ¯ E K. Kengatharampillai1162 Caliper Lane SubjectLands L:\PLANNING\01-MapFiles\MV\2024\MV 82-24\MV82-24_LocationMap.mxd 1:2,000 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 DevelopmentDepartment -41- Exhibit 2 Submitted Site Plan File No: MV 82/24 Applicant: K. Kengatharampillai Municipal Address: 1162 Caliper Lane CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: December 23, 2024 to permit stairs to a porch or deck may encroach to within 0.95 metres of an interior side lot line -42- Ex h i b i t 3 Su b m i t t e d E x i s t i n g S i d e E l e v a t i o n P l a n Fi l e N o : M V 8 2 / 2 4 Ap p l i c a n t : K. K e n g a t h a r a m p i l l a i Mu n i c i p a l A d d r e s s : 1 1 6 2 C a l i p e r L a n e 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 : D e c e m b e r 2 3 , 2 0 2 4 -43- Report to Committee of Adjustment Application Number: MV 01/25 Date: January 15, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 01/25 Claremont Developments Inc. 1732 Samarillo Place (Lot 25) Application The applicant requests relief from Zoning By-law 3037, as amended by By-law 7966/22, to permit a minimum lot area of 0.29 of a hectare, whereas the By-law requires a minimum lot area of 0.3 hectares. and The applicant requests relief from Zoning By-law 8149/24, Exception Zone 347, to permit a minimum lot area of 0.29 of a hectare, whereas the By-law requires a minimum lot area of 0.3 hectares. The applicant requests approval of this minor variance application to obtain a building permit for a detached dwelling. Recommendation For your information and based solely on the application 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance applies only to the detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2 & 3). Background In 1991, the Pickering District Plan required that development proceed in accordance with the Council adopted Hamlet of Claremont Development Plan. Section 4.1(b) of the Development Plan for the Hamlet of Claremont outlined that new lots may be created by a plan of subdivision, provided a minimum lot area of 0.3 of a hectare is maintained. Subsection(ii) further outlines that a smaller lot area may be approved provided the City and other authorities including the Region of Durham are satisfied. -44- Report MV 01/25 January 15, 2025 Page 2 When the Plan of Subdivision was approved and registered at the Land Registry Office, it was not noticed that the subject property (Lot 25) had a minimum lot area of 0.29 of a hectare. Council Adoption of Consolidated Zoning By-law 8149/24 On December 16, 2024, City Council adopted the Consolidated Zoning By-law 8149/24. Notice of Passing of a By-law was dated and mailed on December 20, 2024, initiating a 20-day Appeal period to end on January 9, 2025. During this time, appeals of the Consolidated Zoning By-law may be submitted to the Ontario Land Tribunal (OLT). Minor Variance applications submitted following the date of passing of the Consolidated Zoning By-law (December 16, 2024) will be reviewed for zoning compliance against both the applicable zoning provisions in the former Parent By-law (Zoning By-law as it was prior to December 16, 2024) and the adopted Consolidated Zoning By-law. Transition provisions of By-law 8149/24 allow for minor variance applications submitted prior to the date of passing of the Consolidated Zoning By-law (December 16, 2024) to be reviewed against the former Parent By-law provisions. Minor Variance application MV 01/25 was submitted after December 16, 2024, and is reviewed against both the former Parent Zoning By-law 3037 and Council adopted Consolidated Zoning By-law 8149/24. Comment Conforms to the Intent of the Official Plan The More Homes Built Faster Act (Bill 23) made changes that removed statutory powers under the Planning Act from certain upper-tier municipalities including Durham Region. As of January 1, 2025, the applicable parts of the Regional Official Plan for Durham are now deemed to be part of Pickering’s Official Plan. In case of conflict, the Regional Official Plan prevails over Pickering’s Official Plan. Under the Regional Official Plan, the subject property is designated “Rural System – Hamlet”. The subject property is designated “Oak Ridges Moraine – Countryside Area” under Schedule I of the Official Plan. The subject property is located outside the Claremont Settlement Area. Previously, the subject lands were subject to the Hamlet of Claremont Development Plan, which designated the lands for residential uses. Furthermore, the subject property was previously located within the Hamlet boundary under the Pickering District Plan. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The subject property is zoned “ORM-R6-7” – Oak Ridges Moraine Residential under Zoning By-law 3037, as amended by By-law 7966/22. -45- Report MV 01/25 January 15, 2025 Page 3 The intent of the minimum lot area requirement of 0.3 of a hectare is to ensure a usable lot size that is compatible with the neighbourhood and can accommodate private servicing (water and septic). The lots along this block all maintain a consistent lot size, with all lots maintaining a minimum of 0.3 of a hectare. The existing subject property has an area of approximately 0.29 of a hectare, making it slightly smaller than the adjacent lots. The applicant has demonstrated that a detached dwelling can be appropriately sited on the lot (refer to Exhibit 3), and that a dwelling with a desirable floor area complies with the maximum permitted lot coverage, including building setbacks. Desirable for the Appriopriate Development of the Land and Minor in Nature Through Durham Region Health’s review of the Draft Plan of Subdivision, the Region was satisfied with the proposed lot configuration and location of private servicing and that the proposed lots complied with the Region’s Lot Sizing Policy. Under the Region’s Lot Sizing Policy, each newly created vacant lot in a subdivision proposal must be suitable for the construction of a Class 4 conventional sewage system including a separate area for the replacement of a Class 4 conventional sewage system. The requested variance will facilitate the development of the subject property for a detached dwelling. The existing lot has an area of approximately 0.29 of a hectare, which is consistent with the existing residential lots within the neighbourhood block. The proposed lot with a minimum area of 0.29 of a hectare will be in keeping with the existing lotting pattern along the street. Input From Other Sources Applicant • Surveyor’s error on 40M Plan and Lot Certificate. Noncompliance was flagged after subdivision registration during the building permit review. Durham Region Planning and Economic Development • No comments. Engineering Services • No comments. Building Services • No concerns; permit application is on hold until the Committee’s decision. Public Input • As of the date of writing this report, no written submission has been received from the public. -46- Report MV 01/25 January 15, 2025 Page 4 Date of report: January 9, 2025 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration KY:nr /CityDevDept/D3700/2025/MV 01-25/7. Report/MV 01-25 Report.doc Attachments Original Signed by Original Signed by -47- Lane Street Bro c k R o a d Location MapFile:Applicant:Municipal Address: MV 01/25 Date: Dec. 20, 2024 Exhibit 1 ¯ E Claremont Developments Inc.1732 Samarillo Place SubjectLands L:\PLANNING\01-MapFiles\MV\2025\MV 01-25\MV01-25_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 DevelopmentDepartment Samarillo Place Loyst Avenue Le h m a n C o u r t Fr a n k l i n S t r e e t Br o c k R o a d -48- 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 : MV 01 /2 5 Ap p l i c a n t : C l a r e m o n t D e v e l o p m e n t s I n c . Mu n i c i p a l A d d r e s s : 1 7 3 2 S a m a r i l l o P l a c e ( L o t 25 ) 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 : D e c e m b e r 2 3 , 2 0 2 4 to p e r m i t a mi n i m u m l o t a r e a o f 0. 2 9 o f a h e c t a r e 17 3 2 S a m a r i l l o P l a c e -49- Ex h i b i t 3 Su b m i t t e d S i t i n g P l a n Fi l e N o : MV 01 / 2 5 Ap p l i c a n t : Cl a r e m o n t D e v e l o p m e n t s I n c . Mu n i c i p a l A d d r e s s : 17 3 2 S a m a r i l l o P l a c e ( L o t 25 ) 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 : D e c e m b e r 2 3 , 2 0 2 4 Lo c a t i o n o f p r o p o s e d dw e l l i n g Lo c a t i o n o f s e p t i c sy s t e m Samarillo Place -50- pickering.ca Committee of Adjustment Adopted Hearing Schedule for 2025 Hearing Date (Wednesday) Last Day for Filing (Tuesday) Sign Posting Due Date (Wednesday) Last Day to Appeal Committee’s Decision (Tuesday) January 15 November 26, 2024 Friday December 20 February 4 February 12 December 31, 2024 January 29 March 4 March 12 January 28 February 26 April 1 April 9 February 25 March 26 April 29 May 14 April 1 April 30 June 3 June 11 April 29 May 28 Wednesday July 2 July 9 May 27 June 25 July 29 August 13 Wednesday July 2 July 30 September 2 September 10 July 29 August 27 Wednesday October 1 October 8 August 26 September 24 October 28 November 12 October 1 October 29 December 2 December 10 October 28 November 26 December 30 -51-