HomeMy WebLinkAboutDecember 11, 2024Committee of Adjustment
Agenda
Hearing Number: 12
Date: Wednesday, December 11, 2024
pickering.ca
Agenda
Committee of Adjustment
Wednesday, December 11, 2024
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 November 13, 2024 hearing 1-10
4.Minor Variance Reports
4.1 MV 72/24 – 852 Antonio Street 11-21
4.2 MV 73/24 – 1220-1280 Squires Beach Road 22-29
4.3 MV 76/24 – 1461 Old Forest Road 30-38
4.4 MV 77/24 to MV 81/24 – 1189 – 1197 Elizabeth Mackenzie Drive 39-44
5.Other Business
5.1 Adoption of 2025 Hearing Schedule
5.2 Appointment of Chairperson
5.3 Appointment of Vice Chairperson
6. Adjournment
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 1 of 10
Pending Adoption
Present
Omar Ha-Redeye
Denise Rundle – Vice-Chair
Rick Van Andel
Also Present
Deborah Wylie, Secretary-Treasurer
Jasmine Correia, Assistant Secretary-Treasurer
Nilissa Reynolds, Assistant Secretary-Treasurer – Host
Isabel Lima, Senior Planner
Kerry Yelk, Planner II
Absent
Sakshi Sood Joshi
Sean Wiley – Chair
1.Disclosure of Interest
No disclosures of interest were noted.
2.Adoption of Agenda
Moved by Omar Ha-Redeye
That the agenda for the Wednesday, November 13, 2024 hearing be adopted.
Carried Unanimously
3.Adoption of Minutes
Moved by Omar Ha-Redeye
That the minutes of the 10th hearing of the Committee of Adjustment held Wednesday,
October 9, 2024 be adopted.
Carried Unanimously
-1-
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 2 of 10
4.Minor Variance Reports
4.1 (Deferred at the October 9, 2024 Committee of Adjustment Hearing)
MV 64/24 to MV 67/24
14532970 Canada Inc. & 14513703 Canada Inc.
145 & 151 Twyn Rivers Drive
MV 64/24 – 145 & 151 Twyn Rivers Drive (Parts 3 & 8)
The applicant requests relief from Zoning By-law 3036, as amended by By-laws
7874/21 and 7902/22, to permit:
•a minimum lot frontage of 16.4 metres, whereas the By-law requires a minimum lot
frontage of 18.0 metres;
•a minimum front yard setback of 7.5 metres, whereas the By-law requires a
minimum front yard setback of 35.3 metres;
•a minimum side yard (south) setback of 1.2 metres, whereas the By-law requires a
minimum side yard setback of 1.8 metres;
•a minimum flankage yard setback of 2.0 metres, whereas the By-law requires a
minimum flankage yard setback of 4.5 metres; and
•a maximum lot coverage of 36.4 percent, whereas the By-law requires a maximum
lot coverage of 33 percent.
MV 65/24 – 145 & 151 Twyn Rivers Drive (Parts 4 & 9)
The applicant requests relief from Zoning By-law 3036, as amended by By-laws
7874/21 and 7902/22, to permit:
•a minimum lot frontage of 15.2 metres, whereas the By-law requires a minimum lot
frontage of 18.0 metres;
•a minimum side yard (north and south) setback of 1.2 metres, whereas the By-law
requires a minimum side yard setback of 1.8 metres; and
•a maximum lot coverage of 34.1 percent, whereas the By-law requires a maximum
lot coverage of 33 percent.
-2-
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 3 of 10
MV 66/24 – 145 & 151 Twyn Rivers Drive (Parts 5 & 10)
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21
and 7902/22, to permit:
•a minimum lot frontage of 15.2 metres, whereas the By-law requires a minimum lot
frontage of 18.0 metres;
•a minimum side yard setback (north and south) of 1.2 metres, whereas the By-law
requires a minimum side yard setback of 1.8 metres; and
•a maximum lot coverage of 33.8 percent, whereas the By-law requires a maximum
lot coverage of 33 percent.
MV 67/24 – 145 & 151 Twyn Rivers Drive (Parts 6 & 11)
The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21
and 7902/22, to permit:
•a minimum lot frontage of 15.2 metres, whereas the By-law requires a minimum lot
frontage of 18.0 metres;
•a minimum front yard setback of 9.5 metres, whereas the By-law requires a
minimum front yard setback of 35.3 metres;
•a minimum side yard setback (north and south) of 1.2 metres, whereas the By-law
requires a minimum side yard setback of 1.8 metres; and
•a maximum lot coverage of 33.7 percent, whereas the By-law requires a maximum
lot coverage of 33 percent.
The applicant requests approval of these minor variance applications to permit the
reduction in minimum lot frontages allowing the severance of the two properties
resulting in a total of four lots and to construct a detached dwelling on each of the lots
for a total of four detached dwellings.
Input from other sources were received from the Applicant, City’s Engineering Services,
the City’s Building Services Section and five area residents.
In support of the applications, the applicant submitted a cover letter-rationale.
Nadeem Irfan, agent, was present to represent the applications. No further
representation was present in favour of or in objection to the applications.
-3-
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 4 of 10
In support of the application the agent stated the following; these applications are to
facilitate land division applications that were approved last year at the Region of
Durham Land Division Committee; during the Land Division process the applicant had
not received any objections to the application from the Region’s Engineering
Department or City Planning staff; and that at the time of the land division approvals
there was only one variance required. The agent shared an alternate proposal to the
requested applications. In reference to the requested lot coverage, the agent explained
that the coverage includes the decks, the footprint of the dwellings is less than the
required lot coverage. That agent believes the applications before the Committee are in
good planning. The agent stated the applicant is willing to withdraw the lot coverage
variance.
In response to a question from a Committee member, the agent stated that the proposal
is in keeping with the character of the neighbourhood.
A Committee member stated that across the street from the subject sites are lots with
45 and 50 foot lots. The member commented that at the July Committee of Adjustment
hearing, the Committee had approved a similar application. Regarding concerns from
an area neighbour, the member commented that the Region had already approved the
land division applications, assuming that they would be able to service the proposed
four dwellings.
In response to a question from a Committee member, the agent confirmed that these
applications were heard at the October 9th Committee of Adjustment hearing and due to
a variance being left out of the public notice, they were deferred. The agent stated they
had had many conversations with Planning staff over the past year, along with Regional
Engineering staff, and did not receive any objections or concerns.
A Committee member mentioned the support from immediate neighbours who the
proposal would have the greatest impact on.
A Committee member commented that the subject properties are the gateway to the
enclave on Woodview Drive, which has deep estate style lots. The member does not
agree that the applications are infill properties, rather a redevelopment proposal.
A Committee member argued that due to the properties being a gateway to the
neighbourhood it would be more cohesive than if it were proposed in the middle of the
neighbourhood.
Regarding a question from a Committee member, the agent commented that the
proposal is consistent within itself. Right across the street is a commercial property with
a convenience store, giving the subject properties a unique character compared to the
rest of the neighbourhood.
-4-
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 5 of 10
In response to questions from a Committee member, the agent confirmed that the
intention was to always split the land into four lots. A new Zoning By-law has come into
effect, requiring further variances.
In response to the letter in objection to the applications from an area resident, the agent
stated all agencies had given their approval to the land division applications, indicating
no objections regarding servicing of the land and road access. Having the driveways on
Woodview Drive would be safer than on Twyn Rivers Drive.
Moved by Rick Van Andel
That applications MV 64/24 to MV 67/24 by 14532970 Canada Inc. & 14513703 Canada
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 lots and detached dwellings, as
generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2,
3, 4, 5, 6, 7, 8, 9, 10 & 11); and
2.That a Tree Inventory and Preservation Plan and Arborist Report, as per the City’s
comments for the associated Consent Applications LD 049/2023 to LD 052/2023
be submitted to the satisfaction of City staff showing the preservation of existing
mature trees to the greatest extent possible.
Motion Lost
Moved by Denise Rundle
That applications MV 64/24 to MV 67/24 by 14532970 Canada Inc. & 14513703 Canada
Inc., be Refused on the grounds that the requested variances are not in keeping with
the general intent and purpose of the Official Plan and the Zoning By-law.
Carried
Vote:
Omar Ha-Redeye in favour
Denise Rundle in favour
Rick Van Andel opposed
-5-
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 6 of 10
4.2 MV 68/24
Pickering Valley Developments Ltd.
1515 Pickering Parkway
The applicant requests relief from Zoning By-law 7553/17, as amended by By-law
8099/24, to permit a maximum podium height of 24.5 metres, whereas the By-law states
that the maximum height of a podium shall be 23 metres.
The applicant requests approval of this variance to obtain Site Plan Approval for a 40-
storey residential condominium building.
Input from other sources were received from the Applicant, City’s Engineering Services,
and the City’s Building Services Section.
In support of the application, the applicant has submitted a Planning Justification
Report. Please contact the City Development Department to receive a copy of this
report at citydev@pickering.ca.
Mallory Nievas and Merve Kolcak, agents, were present to represent the application. No
further representation was present in favour of or in objection to the application.
The agents made a brief presentation in support of the application.
Moved by Omar Ha-Redeye
That application MV 68/24 by Pickering Valley Developments Ltd., 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 this variance applies only to the proposed residential condominium building,
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
November 13, 2024).
Carried Unanimously
-6-
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 7 of 10
4.3 MV 69/24
STEC Holdings Inc.
1920 Silicone Drive
The applicant requests relief from Zoning By-law 2511, to permit:
• a minimum interior side yard setback of 4.5 metres, whereas the By-law permits a
minimum side yard setback of 7.5 metres; and
• front yard parking be limited to 47.7 percent (75 parking spaces) of the total
required parking, whereas the By-law limits front yard parking to 20 percent
(31 parking spaces) of the total required parking.
The applicant requests approval of these variances in order to obtain approval for a site
plan application for a proposed addition to an industrial building.
Input from other sources were received from the Applicant, City’s Engineering Services
and the City’s Building Services Section.
In support of the application, the applicant identified that best efforts have been made to
maintain the location of the existing parking area and proposed building addition.
Trinity Ho and Milica Zekanovic, agents, were present to represent the application. No
further representation was present in favour of or in objection to the application.
The agent noted that they had done their best to create a functional site plan to propose
these two additions, while maintaining as many existing conditions and mature
vegetation as possible.
Moved by Omar Ha-Redeye
That application MV 69/24 by STEC Holdings 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, as generally sited
and outlined on the applicant’s submitted plans (refer to Exhibit 2 contained in the
staff report to the Committee of Adjustment, dated November 13, 2024).
Carried Unanimously
-7-
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 8 of 10
4.4 MV 70/24
Claremont Developments Inc.
5230 Lehman Court (Lot 17)
The applicant requests relief from Zoning By-law 3037, as amended by By-law 7966/22
to permit a minimum lot area of 0.26 of a hectare, whereas the By-law requires a
minimum lot area of 0.27 hectares.
The applicant requests approval of this minor variance application to obtain a building
permit for a detached dwelling.
Input from other sources were received from the Applicant, City’s Engineering Services,
and the City’s Building Services Section.
In support of the application, the applicant identified that there was a surveyor’s error on
40M Plan and Lot Certificate. The noncompliance was flagged after subdivision
registration during the building permit review.
Rachel Grard, Jennifer Ormiston and Matthew Peticca, agents, were present to
represent the application. No further representation was present in favour of or in
objection to the application.
The agent commented that they became aware of this variance in October from a City
zoning examiner during registration.
Moved by Omar Ha-Redeye
That application MV 70/24 by Claremont Developments Inc., be Approved on the
grounds that the requested variance is minor in nature, desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of the
Official Plan and Zoning By-law, subject to the following condition:
1. That this variance applies only to the subject property, as generally sited and
outlined on the applicant’s submitted plans (refer to Exhibit 2 & 3 contained in the
staff report to the Committee of Adjustment, dated November 13, 2024).
Carried Unanimously
-8-
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 9 of 10
5 Consent Reports
5.2 LD 16/24 & LD 17/24
Maida Group Holdings Ltd.
1610 Goldenridge Road (Parts 1 & 2)
LD 16/24
The purpose of the application is to permit the severance of a 405.7 square metre
residential parcel of land (Part 1 on the Draft 40-R Plan), retaining a 812.4 square metre
residential parcel of land (Parts 2 & 3) as outlined on Exhibit 2.
LD 17/24
The purpose of the application is to permit the severance of a 405.9 square metre
residential parcel of land (Part 2 on Draft 40-R Plan), retaining a 406.2 square metre
residential parcel of land (Part 3), as outlined on Exhibit 3.
The effect of the applications is to create two additional residential lots and retain a
residential lot for a total of three lots.
Input from other sources were received from the Applicant, City’s Engineering Services,
City’s Building Services Section, The Toronto and Region Conservation Area and one
area resident.
Justin Mamone, agent, was present to represent the applications. No further
representation was present in favour of or in objection to the applications.
In support of the application, the applicant has submitted a Planning Justification
Report. Please contact the City Development Department to receive a copy of this
report at citydev@pickering.ca.
Regarding the concerns outlined in an area resident’s letter to the Committee, a
Committee member commented that they will be addressed through a condition outlined
Appendix II.
The agent stated they agree with the conditions proposed within the report by
Pickering’s City Development Department.
Moved by Rick Van Andel
That applications LD 16/24 & LD 17/24 by Maida Group Holdings Ltd., be Approved,
with respect to Section 51(24) of the Planning Act criteria and recommend, subject to
the following conditions:
-9-
Committee of Adjustment
Hearing Minutes
Wednesday, November 13, 2024
7:00 pm
Electronic Hearing
Page 10 of 10
1.City Development and Engineering Services have no objections to the consent
applications, subject to the applicant fulfilling the conditions outlined in Appendix I
& II contained in the staff report to the Committee of Adjustment, dated November
13, 2024; and
2.Regional Planning and Regional Works have no objections to the approval of the
consent applications, subject to the applicant fulfilling the conditions outlined in
Appendix III contained in the staff report to the Committee of Adjustment, dated
November 13, 2024.
Carried Unanimously
6 Adjournment
Moved by Denise Rundle
That the 11th hearing of the 2024 Committee of Adjustment be adjourned at 7:50 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
-10-
Report to
Committee of Adjustment
Application Number: MV 72/24
Date: December 11, 2024
From: Deborah Wylie
Manager, Zoning & Administration
Subject: 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 (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 identify 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.
Recommendation
The City Development Department recommends that the application with respect to the
variance for a minimum (west) side yard setback to permit the additional residential unit in an
accessory structure be Tabled until Council adopts an amendment to Zoning By-law 2520 to
implement the provincial regulations outlined in O. Reg 462/24.
and
-11-
Report MV 72/24 December 11, 2024
Page 2
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 permit a reduced
(west) side yard to permit a carport 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 s are recommended:
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); 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).
Background
O. Reg 299/19, as amended by O. Reg 462/24
On November 19, 2024, Ontario Regulation 462/24 was made and subsequently filed on
November 20, 2024 (Ontario Regulation 462/24). The performance standards outlined within
the provincial amendment include a maximum lot coverage of 45 percent for all buildings and
structures on a parcel where an additional residential unit is located, as well as requiring a
minimum seperation of 4.0 metres between each dwelling unit on a lot. The Provincial
regulations outlined in O. Reg 462/24 are now in force and effect and are applicable with
respect to the proposed additional residential unit in an accessory structure.
The requested variance to permit an additional residential unit within an accessory structure
will be tabled until the provincial regulations are implemented into Zoning By-law 2511.
Comment
General Intent and Purpose of the Official Plan
The subject site is designated “Urban Residential Areas – Low Density” within the Bay Ridges
Neighbourhood. The applicant is proposing to construct an attached carport . Staff is of the
opinion that the requested variance to permit a reduced side yard for an attached carport
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 attached garage or carport is permitted.
-12-
Report MV 72/24 December 11, 2024
Page 3
Side Yard Setback for Carport
The intent of the side yard setback requirement is to provide an appropriate separation between
structures on abutting properties to maintain pedestrian access, accommodate grading,
drainage and residential services; and be compatible with the character of the immediate
neighbourhood. The reduced side yard for the carport will not increase the overall massing of
the dwelling and maintains the character of the built form along Antonio Street, which consists
namely of detached and semi-detached dwellings with garages and carports.
The requested reduction in the south side yard setback requirement from 1.5 metres to 0.3 of a
metre does not compromise the function of the west side yard. Overall, the carport will not
adversely affect drainage and stormwater runoff, as the carport structure will cover an existing
impermeable driveway. There is a slight increase in lot grading along the west property line,
which will help mitigate drainage concerns for the adjacent lot. Stormwater runoff will be
managed and contained within the property. 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 for a reduced side yard will permit an attached carport. Overall, the
proposed carport will not restrict access to the front and rear yards and does not compromise
the overall massing of the dwelling on the lot. The existing development along Antonio Street
consists of attached carports and garages. Staff is of the opinion that the requested variance is
desirable for the appropriate development of the land and are minor in nature.
Input From Other Sources
Applicant •The variances are required to convert a detached
garage into an additional dwelling unit. The carport
is in lieu of retrofitting the detached garage.
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.
•Ensure the increased lot coverage (if approved
with this application) does not adversely affect the
drainage patterns within the lots and surrounding
area.
•Downspout(s) must be directed to the front or rear
of the building (if the application is approved) to
avoid directly discharging to the neighbouring
properties.
•A portion of the carport’s footing appears to
encroach onto the adjacent property. This is not
permitted and must be revised.-13-
Report MV 72/24 December 11, 2024
Page 4
Building Services •No concerns from Building Services; 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: December 5, 2024
Comments prepared by:
Kerry Yelk Deborah Wylie, MCIP, RPP
Planner II Manager, Zoning & Administration
KY:nr
CityDevDept/D3700/2024/MV 72-24/7. Report/MV 72-24 Tabled.doc
Attachments
Original Signed By Original Signed By
-14-
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Right of Canada , Department of Natural Resources. All rights reserved.;@ Teranet Enterprises In c. and its
supp li ers. All rights reserved.,@ Municipa l Property Assessment Corporation and its suppl iers. All rights rese rved.
Exhibit 1
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-21-
Report to
Committee of Adjustment
Application Number: MV 73/24
Date: December 11, 2024
From: Deborah Wylie
Manager, Zoning & Administration
Subject: Minor Variance Application MV 73/24
Miller Waste Systems Inc.
1220, 1250 and 1280 Squires Beach Road
Application
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.
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 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 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).
Background
The site is occupied by a waste management facility that is occupied by four buildings
(a processing plant and office, an employee training building, a maintenance shop and a
compost facility) and outdoor storage areas. The applicant has a Site Plan Agreement from
2005 that allows the buildings to be expanded from a total floor space of 11,370 square metres
-22-
Report MV 73/24 December 11, 2024
Page 2
to a total floor space of 15,792 square metres. To support the expansion, a Minor Variance
Application P/CA 50/05 was approved to permit a total of 154 parking spaces.
In September of 2024, the City received an application for Site Plan Amendment to reduce the
expansion of the compost facility, relocate the employee training building, expand on-site
parking, and introduce accessory storage structures within the outdoor storage areas. The total
approved floor space would be reduced from 15,792 square metres to approximately
14,399 square metres, and the total provided parking would be increased to 226 spaces.
The applicant is removing an isolated wetland to accommodate the portable and expanded
parking, and is working with the Toronto and Region Conservation Authority (TRCA) to
compensate for the wetland.
Comment
Conforms to the Intent of the Official Plan
The subject property is designated “Employment Areas – General Employment” within the
Brock Industrial neighbourhood. The General Employment designation permits a range of
industrial uses including warehousing, storage of goods and materials, waste transfer, and
recycling and waste processing.
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 subject property is zoned “M2S – Yard Storage and Heavy Manufacturing Zone” under
Zoning By-law 2511, as amended by By-law 61/74.
Requested Accessory Structures in the Side Yard
Miller Waste Systems Inc. is seeking to permit six detached accessory structures in the north
side yard, including two storage bunkers and four above-ground storage tanks, whereas
section 5.19 (a) of By-law 2511 requires any accessory structures to be located in the rear
yard. The intent this by-law provision is to minimize the visual impact to adjacent properties
and the streetscape.
The subject site has an existing landscape buffer along Squires Beach Road that would screen
the proposed accessory structures, which will be located far away from the street. For these
reasons, the structures would have a minimal visual impact to the streetscape in the east.
The subject site is in the middle of an industrial block and surrounded by non-sensitive land
uses that would have minimal visual impact from the proposed structures. The north side yard
of the site is currently used for outdoor storage, which the proposed bunkers will help organize
by sheltering leaf and yard waste storage. Furthermore, the bunkers and storage tanks will be
screened from the adjacent north property by another existing landscape buffer that is located
along the north lot line. There is no visual impact to the neighbouring property to the south, as
the north side yard is fully screened from view. There is minimal impact to the adjacent lands
-23-
Report MV 73/24 December 11, 2024
Page 3
to the west because they are vacant, subject to a rail line buffer that limits development, and
the proposed accessory structures are buffered from the west by a truck maneuvering lane
that runs along the west property line.
Staff is of the opinion that the proposed variance to permit accessory structures in the north side
yard is appropriate for the existing uses, will have a minimal visual impact on the streetscape
and surrounding land owners, and is in keeping with the general intent of the By-law.
Requested Parking Reduction
The applicant is seeking to permit a reduced parking requirement of 226 parking spaces, whereas
section 5.21.1.3 of By-law 2511 requires 1 space per 56 square metres of industrial gross floor
area (257 parking spaces in total). The intent of this provision is to minimize traffic impacts to
the industrial neighbourhood and to ensure there is sufficient parking for the user of the site.
As mentioned in the Background Section above, the applicant is amending a Site Plan
Agreement by reducing the approved floor space, and increasing the number of parking
spaces. The table below summarizes the proposed changes to the Site Plan:
Total Floor Space
(After Expanding)
Parking Provided Parking Required by
By-law
Currently
Approved
15,792 square metres 154 parking spaces
(1 space per 102 square
metres of floor space)
282 parking spaces
(1 space per 56 square
metres of floor space)
Proposed 14,399 square metres 226 parking spaces
(1 space per 64 square
metres of floor space)
257 parking spaces
(1 space per 56 square
metres of floor space)
Change -971 square metres +72 parking spaces
The requested variance brings the provided parking rate closer to the by-law requirement and
the applicant is meeting the accessible parking requirement by providing seven accessible
spaces. The applicant provided a Traffic Impact Study as part of the submission, which
concludes that the increased parking will more than accommodate the parking needs of the
waste management facility, which is expected to employ 186 staff after all expansions are
completed. Additionally, the expanded facilities and increased parking is expected to generate
approximately four or five additional trips per hour, and will have virtually no traffic impact to
the surrounding industrial road network.
Staff is of the opinion that the requested variance to permit a parking reduction supports the
planned expansion of the waste service facility without impacting on -site parking or the
surrounding road network, and maintains the general intent and purpose of the Zoning By-law.
-24-
Report MV 73/24 December 11, 2024
Page 4
Desirable for the Appropriate Development of the Land and Minor in Nature
The requested variance will allow for better organization and functionality of the site by
permitting accessory structures in an area of the site that will have minimum impact to the
surrounding properties and streetscape. The additional parking will allow for increased
employment as the waste management facility expands to serve the needs of residents as
Durham Region grows. The applicant has worked with TRCA on removing an identified
wetland on the east side of the property. The removal of the wetland feature has been
reviewed and is agreed to, in principle, by TRCA and Ministry of Natural Resources and
Forestry. The proposed structures complement the existing uses on-site. The proposed
variances will collectively support the efficient operations of the facility on and off the site.
Staff is of the opinion that the proposed variances are desirable for the appropriate development
of the land and are minor in nature.
Input From Other Sources
Applicant •Please see Applicant’s Cover Letter.
Engineering Services •No comments.
Building Services •No concerns; Building Services will work
with applicant when they apply for the
necessary permits.
Toronto and Region Conservation Authority
(TRCA)
•TRCA has no objections to the approval
of the requested minor variances and are
continuing to work with the applicant
through the Site Plan and TRCA Permit
processes.
Public Input •No written submissions were received from
the public as of the date of writing this
report.
Deborah Wylie, MCIP, RPP
Manager, Zoning & Administration
Date of report: December 5, 2024
Comments prepared by:
Original Signed By
Bahar Ebrahimi
Senior Zoning Examiner
BE:nr
/CityDevDept/D3700/2024/MV 73-24/7. Report/MV 73-24 Report.docx
Attachments
Original Signed By
-25-
Exhibit 1
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File: MV 73/24
Applicant: Miller Waste Systems Inc.
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Municipal Address: 1220-1280 Squires Beach Road
@ The Corporation of the City of Pickering Produced (in part) under license from : Date: Nov. 20, 2024 @ 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: 1:5,500 I supp li ers. All rights reserved.,@ Municipa l Property Assessment Corporation and its suppl iers. All rights rese rved. THIS ISNOTAPLANOF SURVEY.
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-29-
Report to
Committee of Adjustment
Application Number: MV 76/24
Date: December 11, 2024
From: Deborah Wylie
Manager, Zoning & Administration
Subject: Minor Variance Application MV 76/24
R. Krishnan & V. Sinnathamby
1461 Old Forest Road
Application
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 variance s in order to obtain a building permit to
construct a new 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 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. 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 detached dwelling, as generally sited
and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5).
-30-
Report MV 76/24 December 11, 2024
Page 2
Comment
General Intent and Purpose of the Official Plan
The subject site is designated Urban Residential Areas – Low Density Area within the
Woodlands Neighbourhood. The applicant is proposing to demolish an existing residential
dwelling and proposes to construct a detached dwelling. Official Plan Policy 12.8(a)
encourages new development to be compatible with the character of the existing development
along Old Forest Road.
The subject property is located within the Rougemount Established Neighbourhood Precinct.
OPA 40 implemented the recommendations of the Infill and Replacement Housing in the
Established Neighbourhoods Study adding policies regarding building mass, dwelling height,
lot width, lot coverage and landscaping, and reinforcing established development patterns.
Staff has reviewed and commented 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 in Appendix A to this report.
Staff is of the opinion that the requested variances maintain the general intent and purpose of
the Official Plan and Infill and Replacement Housing in Established Neighbourhoods’
Guidelines.
General Intent and Purpose of the Zoning By-law
The subject property is zoned “R4” – Detached Residential under Zoning By-law 3036, as
amended by Infill By-law 7874/21. A detached dwelling along with accessory uses are
permitted.
Maximum Dwelling Depth and Minimum Front Yard Setback
Dwelling Depth is the measurement of the distance between the required 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 23.9 metres, whereas the By-law
permits 20.0 metres. The minimum front yard setback requirement for 1461 Old Forest Road is
19.5 metres, which is determined by the existing setback of the neighbouring property to the
north (1463 Old Forest Road).
The existing lot arrangement along Old Forest Road is staggered, resulting in each dwelling
having slightly offset front yard setbacks. The applicant intends to maintain existing vegetation
within the side yards to help reduce the visual impact on the adjacent lots. The proposed
placement of the dwelling maintains the general character and consistency of the existing
block of development along the east side of Old Forest Road. Staff is of the opinion that the
requested variance to permit a maximum dwelling depth of 23.9 metres and a minimum front
yard setback of 12.1 metres maintains the general intent and purpose of the Infill By-law.
-31-
Report MV 76/24 December 11, 2024
Page 3
Maximum Dwelling Height
The applicant is requesting a maximum dwelling height of 10.5 metres, whereas the By -law
permits a maximum dwelling height of 9.0 metres. The intent of this provision is to regulate the
scale of the proposed buildings and to reduce potential shadowing and overlooking impacts to
the adjacent dwellings. Under the Infill By-law, dwelling height is measured by the vertical
distance between the average grade as measured along the front wall of the dwelling .
The existing lot, along with the adjacent lots, has a significant increase in grade from the
streetline towards the rear property line. Due to the significant changes in grade along the east
side of Old Forest Road, an increased dwelling height appears along the front wall of the
proposed dwelling. According to the site plan, the dwelling’s front wall has a geodetic elevation
of approximately 115 metres, while the rear wall has a geodetic elevation of approximately
118 metres. From the front wall, the dwelling will have a maximum height of 10.5 metres,
whereas along the rear wall, the dwelling will have a maximum height of 7 .0 metres. From the
street, the dwelling appears to be three stories above grade, but at the rear, it is only two
stories above grade.
The proposed dwelling height will not negatively impact the adjacent development. Existing
vegetation will be maintained to reduce any visual and shadowing impacts on the adjacent lots.
Staff is of the opinion that the requested variance is in keeping with 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. The widest portion of the driveway is measured at 9.2 metres and
tapers down to a maximum width of 6.0 metres at the front property line. Overall, the applicant
has proposed a total area of 115 square metres of soft landscaping within the front yard, which
will allow sufficient space for landscaping a nd appropriate drainage. 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 Appriopriate Development of the Land and Minor in Nature
The requested variances will facilitate the construction of a two-storey detached dwelling on
the subject property. The proposed development will feature a built form similar to the existing
development along Old Forest Road, which consists of dwellings with greater setbacks. The
proposed placement of the dwelling generally maintains the consistent streetscape and is
compatible with the existing development along Old Forest Road. Due to the significant
increase in the lot grading from the front property line towards the rear of the property restricts
the configuration of a home on the subject site. The applicant has advised that the front yard
variance is being sought to ensure the proposed detached dwelling is positioned in line with
the neighbouring properties and dwellings, which are generally staggered along Old Forest
Road. Staff is of the opinion that the requested variances are desirable for the appropriate
development of the land and are minor in nature.
-32-
Report MV 76/24 December 11, 2024
Page 4
Input From Other Sources
Applicant • 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.
Engineering Services •Ensure the proposed dwelling depth, reduced front yard
setback, and increased driveway width (if approved with this
application) does not adversely affect the drainage patterns
within the lots and surrounding area.
•Multiple Low Impact Development measures (such as infiltration
galleries with downspout connections, rain gardens and 450mm
amended soils) will be required at the Building Permit stage.
Building Services •No concerns from Building Services, 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: December 5, 2024
Comments prepared by:
Kerry Yelk Deborah Wylie, MCIP, RPP
Planner II Manager, Zoning & Administration
KY:ld
/CityDevDept/D3700/2024/MV 76-24/7. Report/MV 76-24 Report.docx
Attachments
Original Signed By Original Signed By
-33-
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Location Map
File: MV 76/24
Applicant: R. Krishnan & V. Sinnathamby
City Development
Department
Municipal Address:1461 Old Forest Road
@The Corporation of the City of Picke ring 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 In c. and its
suppliers. All rights reserved., @Municipa l Property Assessment Corporation and its suppliers. All rights rese rved.
Date: Nov. 14, 2024
SCALE: 1:3,000 I
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-38-
Report to
Committee of Adjustment
Application Numbers: MV 77/24 to MV 81/24
Date: December 11, 2024
From: Deborah Wylie
Manager, Zoning & Administration
Subject: Committee of Adjustment Applications MV 77/24 to MV 81/24
S.Ramsarran
1189 – 1197 Elizabeth Mackenzie Drive
Applications
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.
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.
-39-
Report MV 77/24 to MV 81/24 December 11, 2024
Page 2
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.
Recommendation
For your information and based solely on the applications and supporting documentation filed
by the applicant, the City Development Department has reviewed the applications 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. After considering all public and
agency input, should the Committee find merit in these applications, the following condition is
recommended:
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).
Comment
General Intent and Purpose of the Official Plan
The subject property is designated “Urban Residential – Medium Density Area” within the
Lamoureaux Neighbourhood. Residential uses including townhouses are permitted within this
designation. Staff is of the opinion that the requested variance maintains the intent of the
Official Plan.
General Intent and Purpose of the Zoning By-law
The subject property is zoned “MD-M”, under Zoning By-law 7364/14, as amended by
By-law 7857/21. Block and Street Townhouse dwellings are permitted uses on lands
zoned MD-M.
The intent of the maximum rear yard setback of 7.5 metres between the attached private
garage and the rear lot line is to ensure a vehicle parked outside on the driveway does not
overhang onto the municipal boulevard. The minimum and maximum rear yard setbacks
provide enough space for a single vehicle to be parked on the driveway, without overhang.
-40-
Report MV 77/24 to MV 81/24 December 11, 2024
Page 3
The requested variances are to permit maximum rear yard setbacks ranging between 8.5 and
15.8 metres between the proposed private garages and the rear lot lines. Staff are of the
opinion that the proposed setbacks will provide enough space for one or two vehicles to be
parked on the driveways, without creating overhang onto the municipal boulevards. The
requested increase in maximum rear yard setback can provide appropriate access to the
dwelling, and it can accommodate sufficient space for parking a vehicle entirely within the lot.
Furthermore, the depth of the lot would require an overall increase in dwelling length, which
would be required to meet the maximum front and rear yard setback requirements of the
By-law provisions. The applicant has stated that the increase in square footage is beyond what
would be affordable for a townhouse. Staff is of the opinion that the requested variance
maintains the intent of the Zoning By-law.
Desirable for the Appropriate Development of the Land and Minor in Nature
The applicant is requesting a variance to permit an increased maximum rear yard setback to an
attached private garage accessed by a laneway. The maximum setback will allow appropriate
setback to the laneway and will accommodate sufficient space to park a vehicle. 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 •The depth of the lot will require that the dwellings be
increased in length to meet the maximum front yard setback
for 4.5 metres and rear yard setback of 7.5 metres. The
increase in square footage is beyond what would be
affordable for townhouse.
Engineering Services •No comments on the application
Building Services •No concerns from Building Services, permit application is on
hold until Committee’s decision;
Public Input •As of the date of writing this report, no public submissions are
received.
Date of report: December 5, 2024
Comments prepared by:
Original Signed By
Kerry Yelk
Planner II
Original Signed By
Deborah Wylie, MCIP, RPP
Manager, Zoning & Administration
KY:ld
D3700/2024/MV77-24 to MV 81-24/MV 77-24 t oMV81-24 Report.docx Attachments
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PlCKERlNG
City Development
Department
L:\PLANNING\01-MapFiles\MV\2024\MV 77-24 to 81 -24\MV 781081 -24 .aprx
Location Map
File: MV 77/24 to MV 81/24
Applicant: Elizabeth Homes Limited
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Exhibit 1
Municipal Address: 1189 , 1191 , 1193 , 1195 & 1197 Elizabeth Mackenzie Drive
@ The Corporation of the City of Picke ring Produced (in part) under li cense from : Date: Nov. 19, 2024 @ Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.,@ Her Majesty the Queen in
Right of Canada , Department of Natural Resources. All rights rese rved .;@ Te ranet Enterprises In c. and its SCALE: 1:3,000 I supp li ers. All rights rese rved.,@ Municipa l Property Assessment Corporation and its suppl iers. All rights rese rved. THIS ISNOTAPLANOF SURVEY.
-42-
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-44-
pickering.ca
Committee of Adjustment
Tentative 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 September 30 October 29 December 2
December 10 October 28 November 26 December 30