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HomeMy WebLinkAboutApril 9, 2025Committee of Adjustment Agenda Hearing Number: 4 Date: Wednesday, April 9, 2025 pickering.ca Agenda Committee of Adjustment Wednesday, April 9, 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 March 12, 2025 hearing 1-14 4.Minor Variance Reports 4.1 MV 14/25 – 1875A Glendale Road 15-23 4.2 MV 17/25 – 405 Frontier Court 24-29 4.3 MV 23/25 – 1428 Parkham Crescent 30-33 4.4 MV 24/25 – 1837 New Street 34-44 4.5 MV 25/25 – 1486 Old Forest Road 45-51 4.6 MV 26/25 – 985 Brock Road 52-57 4.7 MV 27/25 – Whitevale Road (Lot 41, Block 92 on SP-2009-11) 58-63 5.Consent Reports 5.1 64-94 5.2 95-107 5.3 LD 03/25 & MV 12/25 – 900 Vistula Drive LD 04/25 & MV 16/25 – 696 & 692 Hillview Crescent LD 05/25 – Burnside Drive 108-116 6.Adjournment Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 1 of 14 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 Kerry Yelk, Planner II Ash Roy, Planner I 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, March 12, 2025 hearing be adopted. Carried Unanimously 3.Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the minutes of the 2nd hearing of the Committee of Adjustment held Wednesday,February 12, 2025 be adopted. Carried Unanimously -1- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 2 of 14 4.Minor Variance Reports 4.1 MV 06/25E. & J. Hansen 3635 Westney Road The applicant requests relief from Zoning By-law 8149/24, to permit a minimum (south) side yard setback of 1.2 metres, whereas the By-law requires a minimum side yard of 1.8 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct an attached private garage. 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 placement of garage addition is to line up garage entrance with existing driveway. Vladimir Bulakh, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent commented that the applicant is seeking relief to permit a 1.2 metre side yard setback in order to align the garage entrance to the driveway. The garage will not cause a shadow for the neighbour. In response to questions from a Committee member, the agent confirmed that the following: the tree will be preserved; the garage will not be used as a living space, the applicant will be using it for storage and as a workshop; and that they are aware of the recommended MZO condition and the Building comments regarding an ADU. Moved by Denise Rundle Seconded by Sakshi Sood Joshi That application MV 06/25 by E. & J. Hansen, 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 addition (garage), as generallysited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7 & 8 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). -2- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 3 of 14 2. That prior to the issuance of a Building Permit, the owner obtains appropriate approvals from the Ministry of Municipal Affairs and Housing to amend the Minister’s Zoning Order – Regulation Number 102/72, as amended by O. Reg 852/81. Carried Vote: Omar Ha-Redeye in favour Denise Rundle in favour Sakshi Sood Joshi in favour Rick Van Andel opposed Sean Wiley in favour 4.2 MV 07/25 C. Antonakes 1848 Appleview Road The applicant requests relief from Zoning By-law 8149/24 to permit: • a maximum dwelling depth of 26.5 metres, whereas the By-law permits a maximum of 20.0 metres; • a maximum front yard setback of 20.8 metres, whereas the By-law permits a maximum of 15.46 metres; • a minimum side yard setback of 2.4 metres, whereas the By-law requires a minimum of 3.0 metres; • a maximum accessory structure height of 4.1 metres, whereas the By-law permits a maximum height of 3.5 metres; • a maximum accessory structure lot coverage of 7 percent, whereas the By-law permits a maximum of 5 percent; and • an exterior entrance encroachment into the side yard with a minimum setback of 0.3 of a metre, whereas the By-law requires a minimum of 0.9 of a metre. The applicant requests approval of this minor variance application to obtain a building permit for the construction of a dwelling and a pavilion. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Toronto and Region Conservation Area (TRCA) and one are resident. -3- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 4 of 14 In support of the application, the applicant identified that the requested minor variances are minor in nature and consistent with the newer developments on the street. Constantina Nina Antonakes, applicant, and Sarah Molinaro, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The agent commented the following in support of the application: variances are minor and consistent with newer developments on the street; the structure is intended to be a residential accessory outdoor structure; very large property and depth; noise complaints are governed by the Noise By-law; pavilion will have two open sides and two closed sides; and the grade of the property dips towards the rear yard. In response to questions from Committee members, the agent stated the following: there will be two bathrooms in the pavilion and it is not intended to be used as an accessory dwelling unit; there are a lot of trees in the rear to block the view and noise from the pavilion; the lot is excessively large; they were told by Building Services that if this was approved this would be the only accessory structure allowed on the property, therefore they are looking to get the most out of this structure. A Committee member commented that the rear yard is very deep and private, the distance from rear of the house that backs onto this property to the shared property line is 300 feet. The property to the south has a large accessory building that is 60 feet long. In response to a question from a Committee member, the Secretary-Treasurer clarified that the maximum lot coverage for accessory structures is five percent, seeking a seven percent coverage may prevent any other additionally structures. Moved by Rick Van Andel That application MV 07/25 by C. Antonakes, 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 Bylaw, subject to the following condition: 1.That these variances apply only to the dwelling and pavilion, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11 contained in the staff report to the Committee of Adjustment, dated March12, 2025) Motion Lost -4- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 5 of 14 Moved by Denise Rundle Seconded by Omar Ha-Redeye That the variances for the dwelling depth, front yard setback, side yard setback, and exterior entrance encroachment in application MV 07/25 by C. Antonakes, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1.That these variances apply only to the dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11 contained in the staff report to the Committee of Adjustment, dated March 12,2025). And That the variances for the maximum accessory structure height and maximum accessory structure lot coverage in application MV 07/25 by C. Antonakes, be Refused on the grounds that the requested variances are not minor in nature, not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. Carried Vote: Omar Ha-Redeye in favour Denise Rundle in favour Sakshi Sood Joshi in favour Rick Van Andel opposed Sean Wiley in favour 4.3 MV 08/25 S. Afzal1156 Caliper Lane The applicant requests relief from Zoning By-law 8149/24 to permit stairs to a porch or deck to encroach to within 0.9 of a metre of an interior side lot line, whereas the By-law permits stairs to a porch or deck to encroach to within 0.6 of a metre of an interior side lot line. The applicant requests approval of the requested variance to obtain a building permit to construct a side yard entrance. -5- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 6 of 14 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 due to limited space on the opposite side of the house, creating an additional entrance there isn’t feasible. Installing a side door is essential to manage guest access and preserve privacy by avoiding the main entrance. Sameer Afzal, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant confirmed that there are no plans for a second suite. Moved by Omar Ha-Redeye Seconded by Rick Van Andel That application MV 08/25 by S. Afzal, 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 side yard entrance and associated steps, 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 March 12, 2025). 2. That the purpose of this side entrance is not for an Accessory Dwelling Unit. Carried Unanimously 4.4 MV 13/25 Durham Catholic District School Board 2460 Hibiscus Drive The applicant requests relief from Zoning By-law 8149/24, to permit a maximum front yard setback of 5.2 metres, whereas the By-law permits a maximum front yard setback of 4.5 metres. The applicant requests approval of this minor variance application to obtain a building permit for a two-storey elementary school. Input from other sources were received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. -6- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 7 of 14 In support of the application, the applicant identified that the school’s right-angle design contrasts with the irregular street grid, causing a non-compliant 5.2m setback at the northeast corner. This wider setback allows for a retaining wall, storm sewer, and better sightlines. Scott Grieve, applicant, and Bob Ferkul, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Omar Ha-Redeye Seconded by Omar, Denise, Sakshi, Rick That application MV 13/25 by Durham Catholic District School Board, 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 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 March 12, 2025). Carried Unanimously 4.5 MV 15/25 J. McBride 3230 North Road The applicant requests relief from Zoning By-law 8149/24, to permit a porch to encroach into any required setback to a maximum of 6.7 metres, whereas the By-law permits a porch to encroach into any required setback to a maximum of 2.0 metres. The applicant requests approval of the variance to obtain a building permit to construct a porch on an existing heritage dwelling. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section, and City’s Heritage Planning. In support of the application, the applicant identified that the proposed development aims to restore and revitalize an existing deteriorated heritage home while preserving its character. In collaboration with Heritage Planner Matthew Somerville, all heritage permit requirements have been met. Although the dwelling is legal non-conforming under the current by-law, formal approval is sought for the proposed reduced setback. -7- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 8 of 14 John McBride, applicant, and Phil Lamadeleine, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That application MV 15/25 by J. McBride, 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 front yard porch, 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 March 12, 2025). Carried Unanimously 4.6 MV 18/25 & MV 19/25 Claremont Developments Inc. 5050 & 5057 Franklin Street MV 18/25 – 5050 Franklin Street The applicant requests relief from Zoning By-law 8149/24, to permit a minimum of one parking space in an attached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.1 metres in length and shall have a minimum vertical clearance of 2.6 metres, whereas the By-law requires a minimum of one parking space in any attached or detached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.5 metres in length and shall have a minimum vertical clearance of 2.6 metres. MV 19/25 – 5057 Franklin Street The applicant requests relief from Zoning By-law 8149/24, to permit a minimum of one parking space in an attached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.1 metres in length and shall have a minimum vertical clearance of 2.6 metres, whereas the By-law requires a minimum of one parking space in any attached or detached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.5 metres in length and shall have a minimum vertical clearance of 2.6 metres. -8- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 9 of 14 The applicant requests approval of these minor variance applications to obtain building permits to construct a detached dwelling on each lot. Input from other sources were received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the applications, the applicant identified that floor plans were designed under former Parent By-law 3037, which did not contain interior parking space size regulations. Matthew Peticca, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent explained that the applications are required due to a recent change in the Zoning By-law. Moved by Sakshi Sood Joshi Seconded by Omar Ha-Redeye That applications MV 18/25 & MV 19/25 by Claremont Developments 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 detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). Carried Unanimously 4.7 MV 20/25 & MV 21/25 Claremont Developments Inc. 1756 & 1752 Samarillo Place MV 20/25 – 1752 Samarillo Place The applicant requests relief from Zoning By-law 8149/24, to permit a minimum of one parking space in an attached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.1 metres in length and shall have a minimum vertical clearance of 2.6 metres, whereas the By-law requires a minimum of one parking space in any attached or detached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.5 metres in length and shall have a minimum vertical clearance of 2.6 metres. -9- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 10 of 14 MV 21/25 – 1756 Samarillo Place The applicant requests relief from Zoning By-law 8149/24, to permit a minimum of one parking space in an attached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.1 metres in length and shall have a minimum vertical clearance of 2.6 metres, whereas the By-law requires a minimum of one parking space in any attached or detached private garage associated with a dwelling unit shall be required to meet the minimum dimensions of 3.1 metres in width by 6.5 metres in length and shall have a minimum vertical clearance of 2.6 metres. The applicant requests approval of these minor variance applications to obtain building permits to construct a detached dwelling on each lot. Input from other sources were received from the Applicant, City’s Engineering Services, and the City’s Building Services Section. In support of the applications, the applicant identified that floor plans were designed under the former Parent By-law 3037, which did not contain interior parking space size regulations. Frankie Borgaina, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent explained that the applications are required due to a recent change in the Zoning By-law. Moved by Rick Van Andel Seconded by Omar Ha-Redeye That applications MV 20/25 & MV 21/25 by Claremont Developments 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 detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). Carried Unanimously -10- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 11 of 14 5. Consent Reports 5.1 LD 01/25 J. Spring 1839 Pine Grove Avenue The applicant is proposing to sever a 1,152.6 square metre parcel of land (Part 1), retaining a 1,529.1 square metre parcel of land (Part 2). Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Region of Durham Community Growth and Economic Development and Works Departments. Tania Spring, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Denise Rundle Seconded by Rick Van Andel That application LD 01/25 by J. Spring, be Approved, with respect to Section 51(24) of the Planning Act criteria, subject to the conditions outlined within Appendices I, II and III. Carried Unanimously 5.2 LD 02/25, MV 09/25 & MV 10/25 GHR Investments Corp. & G. Torcivia 1494 Rosebank Road LD 02/25 The applicant is proposing to sever an 851.7 square metre parcel of land (Part 1), retaining a 937.4 square metre parcel of land (Part 2), creating one new lot. The existing dwelling is proposed to remain on Part 2. MV 09/25 – (Severed Parcel – Part 1) The applicant requests relief from Zoning By-law 8149/24, as it relates to the severed lot, to permit: • a maximum dwelling depth of 26.5 metres, whereas the By-law requires a maximum dwelling depth of 20.0 metres; • a maximum front yard setback of 12.7 metres, whereas the By-law permits maximum front yard setback of 9.3 metres; -11- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 12 of 14 • a maximum lot coverage of 34.5 percent, whereas the By-law requires a maximum lot coverage of 33.0 percent; and • minimum side yard setback: one side 1.4 metres and the other side 1.2 metres, whereas the By-law permits a minimum side yard setback: one side 1.5 metres and the other side 2.4 metres. MV 10/25 – (Retained Parcel – Part 2) The applicant requests relief from Zoning By-law 8149/24, as it relates to the retained lot, to permit: • minimum side yard setback: one side 1.5 metres and the other side 1.2 metres, whereas the By-law permits a minimum side yard setback: one side 1.5 metres and the other side 2.4 metres.; and • a maximum front yard setback of 13.95 metres, whereas the By-law permits maximum front yard setback of 13.41 metres. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and the Region of Durham Community Growth and Economic Development and Works Departments. In support of the applications, the applicant identified that the location of the property on a curved portion of the road means it is difficult in design to have a consistent building depth and setbacks. Cesare Gallo, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Due to the irregularity of the lot, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar, Denise, Sakshi, Rick That application LD 02/25 by GHR Investments Corp. & G. Torcivia, be Approved, with respect to Section 51(24) of the Planning Act criteria, subject to the conditions outlined within Appendices I, II and III. And That application MV 09/25 by GHR Investments Corp. & G. Torcivia, 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: -12- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 13 of 14 1. That these variances apply only to the severed lot (Part 1) and proposed development, as generally sited and outlined on the applicant’s submitted plan (refer to Exhibits 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). And That application MV 10/25 by GHR Investments Corp. & G. Torcivia, 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 retained lot (Part 2) and proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated March 12, 2025). Carried Unanimously -13- Committee of Adjustment Hearing Minutes Wednesday, March 12, 2025 7:00 pm Electronic Hearing Page 14 of 14 6. Adjournment Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the 3rd hearing of the 2025 Committee of Adjustment be adjourned at 8:06 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 -14- Report to Committee of Adjustment Application Number: MV 14/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 14/25 S. Sharieff 1875A Glendale Drive Application The applicant requests relief from Zoning By-law 8149/24, to permit a minimum parking requirement of 2.0 spaces in total, whereas the By-law requires a minimum of 2.0 parking spaces for a detached dwelling, plus 1.0 additional space for an Additional Dwelling Unit (ADU), for a total requirement of 3.0 parking spaces. The applicant requests approval of this minor variance application to obtain a building permit to construct a basement additional dwelling unit. 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 development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). 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”. -15- Report MV 14/25 April 9, 2025 Page 2 The subject property is designated “Urban Residential Areas – Medium Density Area” by the City of Pickering Official Plan. Lands within this designation are intended to accommodate residential uses including detached dwellings and additional dwelling units. 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 “X112” (SA-11) – Exception Zone 112 under Zoning By-law 8149/24. The applicant is seeking relief from Section 5.2 of the By-law which requires a minimum of 3.0 parking spaces for a detached dwelling with an additional dwelling unit (ADU), consisting of 2.0 spaces for the principal dwelling and 1.0 space for the ADU. The applicant is proposing to provide a total of 2.0 parking spaces, allocating 1.0 space for the detached dwelling and 1.0 space for the ADU. The intent of the parking requirement is to ensure sufficient on-site parking to accommodate residential occupants and to minimize parking spillover onto the surrounding streets. The subject property is located within an established residential neighbourhood, where on-street over-night parking may be limited. The applicant has indicated that the proposed parking arrangement is sufficient to meet the needs of the residents, given the available space on-site and anticipated parking demand. Additionally, the site is in proximity to transit services and active transportation infrastructure, which may reduce reliance on private vehicle use. The reduction in required parking is not anticipated to negatively impact the surrounding area, as the proposed provision aligns with emerging trends supporting compact and efficient land use. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law by providing a reasonable balance between required and available parking. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance will facilitate the provision of an ADU while maintaining adequate on-site parking for the property. The proposed reduction in parking is not anticipated to negatively impact the functionality of the site or the surrounding neighbourhood, as the provision of 2.0 parking spaces ensures that each dwelling unit will have an allocated space. The proposal aligns with broader housing objectives by supporting the integration of additional residential units while maintaining a balance between parking needs and land use efficiency. The presence of active transportation infrastructure and access to transit further supports the feasibility of a reduced parking requirement. Staff is of the opinion that the proposed variances are desirable for the appropriate development of the land and are minor in nature. -16- Report MV 14/25 April 9, 2025 Page 3 Input From Other Sources Applicant •Under the By-law, each dwelling unit must have a minimum of two parking spaces, provided either within an attached garage oras one space in an attached garage andone in the driveway immediately in front ofthe garage. Engineering Services •No comments. Building Services •No comments have been received as of thedate of writing this report. Durham Region Community Growth and Economic Development •No comments. Public Input •No written submissions were received fromthe public as of the date of writing this report. Date of report: April 3, 2025 Comments prepared by: Original Signed By Original Signed By Ash Roy, B.URPL. Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration AR:jc CityDevDept/D3700/2025/MV 14-25/7. Report/MV 14-25 Report.docx Attachments -17- Exhibit 1 C UL c Q) (.) Cl) ~ I\ 0 C Q) >--~ (ll ~ r---'-- .... ~ '- Glenanna Road Subject ~ 1)1 /' Lands ~ (ll :J 0-CJ) 2 ~ ... , C 2 Ill ~ ~ r-- Q) ""O (ll > ·;:: 0 0 0::: -~ 0 (ll 0 V ""O e-C Q) Q) > (9 ....I V ~ (ll :J \ 0-CJ) Q) c 2 Ill /y ~ I af:j of Location Map File: MV 14/25 PlCKERlNG Applicant: S. Sharieff City Development Municipal Address: 1875A Glendale Drive @ The Corporation of the City of Pickering Produced (in part) under license from: Date: Feb. 11, 2025 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: 1:2,000 I suppliers. All rights reserved.,@ Municipal Property Assessment Corporation and its suppliers. All rights reserved. THIS ISNOTAPLANOF SURVEY. C:\Users\shundal\AppData\Local\Temp\ArcGISProTemp22336\Untitled\Untitled.aprx -18- Ex h i b i t 2 to p e r m i t a m i n i m u m p a r k i n g re q u i r e m e n t o f 2 . 0 p a r k i n g NE I G H B O R U I N G P R O P E R T Y SE M I - D E T A C H E D H O M E sp a c e s i n t o t a l EX I S T I N G S I N G L E C A R GA R A G E EX I S T I N G A S P H A L T (P A R K I N G #1 ) DR I V E W A Y (P A R K I N G # 2 ) 18 7 5 A G L E N D A L E D R I V E , P I C K E R I N G , O N . EX I S T I N G : SI N G L E D E T A C H . 2 S T O R E Y FA M I L Y U N I T A/ C PR O P O S E D : B A S E M E N T A D U W I T H EX T E R I O R S I D E E N T R A N C E NE I G H B O R U I N G P R O P E R T Y SE M I - D E T A C H E D H O M E PORCH Su b m i t t e d S i t e P l a n Fi l e N o : MV 14 /2 5 Ap p l i c a n t : S. S h a r i e f f Mu n i c i p a l A d d r e s s : 18 7 5 A G l e n d a l e D r i v 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 : M a r c h 19 , 2 0 2 5 -19- Ex h i b i t 3 Su b m i t t e d Pr o p o s e d Ba s e m e n t F l o o r Pl a n Fi l e N o : MV 14 /2 5 Ap p l i c a n t : S. S h a r i e f f Mu n i c i p a l A d d r e s s : 18 7 5 A G l e n d a l e D r iv 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 : Ma r c h 27 , 2 0 2 5 -20- Ex h i b i t 4 Su b m i t t e d Pr o p o s e d G r o u n d F l o o r Pl a n Fi l e N o : MV 14 / 2 5 Ap p l i c a n t : S. S h a r i e f f Mu n i c i p a l A d d r e s s : 18 7 5 A G l e n d a l e D r iv 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 : M a r c h 27 , 20 2 5 -21- Ex h i b i t 5 Su b m i t t e d Ex i s t i n g S e c o n d F l o o r Pl a n Fi l e N o : MV 14 / 2 5 Ap p l i c a n t : S. S h a r i e f f Mu n i c i p a l A d d r e s s : 18 7 5 A G l e n d a l e D r iv 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 : Ma r c h 27 , 20 2 5 -22- Ex h i b i t 6 Su b m i t t e d Ri g h t E l e v a t i o n Pl a n Fi l e N o : MV 14 / 2 5 Ap p l i c a n t : S. S h a r i e f f Mu n i c i p a l A d d r e s s : 18 7 5 A G l e n d a l e D r iv 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 : Ma r c h 27 , 2 0 2 5 -23- Report to Committee of Adjustment Application Number: MV 17/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Committee of Adjustment Application MV 17/25 R. Navaratnam & N. Rasanayagam 405 Frontier Court Application The applicant requests relief from Zoning By-law 8149/24, to permit a maximum lot coverage of 43 percent, whereas the By-law requires a maximum lot coverage of 35 percent. The applicant requests approval of this minor variance application to obtain a building permit to recognize an existing uncovered deck. 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 rear yard deck, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). 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”. -24- Report MV 17/25 April 9, 2025 Page 2 The subject property is designated “Urban Residential Areas – Low Density Area” by the City of Pickering Official Plan. Lands within this designation are intended to accommodate residential uses including detached dwellings. 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 “X43” (R4-13) – Exception Zone 43 under Zoning By-law 8149/24. The applicant requests a maximum lot coverage of 43 percent, whereas the By-law permits a maximum lot coverage of 35 percent. The intent of this provision is to ensure that adequate space is provided for landscaping and private amenity in the rear, while protecting the privacy of abutting properties. The existing dwelling accounts for a significant portion of the lot coverage, while the uncovered deck contributes to the overall increase beyond the permitted maximum. Despite the increase in coverage, the minimum required setbacks are maintained, ensuring that there is sufficient open space for soft landscaping, stormwater infiltration, and outdoor amenity use. Staff is of the opinion that requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance will permit the existing uncovered deck, which serves as an extension of outdoor amenity space in the rear yard. The deck provides functional outdoor space while maintaining adequate setbacks to minimize any potential impacts on adjacent properties. The proposed lot coverage increase remains compatible with surrounding properties, as similar deck structures exist in the area. The variance is not expected to result in adverse impacts related to privacy, overlook, or drainage, as sufficient open space remains on the property. 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 • As the deck was constructed by the previous owner, the applicant respectfully requests to preserve the deck in its current condition. Engineering Services • Ensure the increased maximum lot coverage (if approved with this application) does not adversely affect the drainage patterns within the lot and surrounding area. -25- Report MV 17/25 April 9, 2025 Page 3 Building Services •No comments have been received as of thedate of writing this report. Durham Region Community Growth and Economic Development •No comments. Public Input •An area resident expressed concerns aboutan existing uncovered deck built without apermit by previous owners. The deck overlooks the backyard, reducing privacy.An above-ground pool was also installed,allowing individuals in the pool to see overthe fence into the backyard. No objections tothe current owners, but strong belief that a permit would not have been granted due toprivacy issues. Date of report: April 3, 2025 Comments prepared by: Original Signed By Original Signed By Ash Roy, B.URPL. Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration AR:jc CityDevDept/D3700/2025/MV 17-25/7. Report/MV 17-25 Report.docx Attachments -26- Exhibit 1 vv--~ I ✓ t,.O\ --------~ \\'-N~'l ~ 0,Q / --~ '--'\ n ~ ""O "' 0 0::: ~ I Frontier Court -2:-- V> C I\ "' \ Q) ~>') .c > .... ~~ u ·.:: 0 Subject~-,.. 111 c ::::, I Lands · 0 E I I I Q) Cl ::::, 0 0::: Toynevale Road Q) > ·.:: 0 ""O 0 0 3: -"' "' ~ 0 ::::, ' 0 c r-----u Q) C (.) Cl) -"' ~ -"' Q) u -' -""O N 0 ' Q) ~--= \ u 2 I I I i I I af:j of Location Map File: MV 17/25 PlCKERlNG Applicant: R. Navaratnam & N. Rasanayagam City Development Municipal Address:405 Frontier Court @ The Corporation of lhe Cily of Pickering Produced (in part) under license from: Date: Apr. 03, 2025 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: 1:2,500 I suppliers. All rights reserved .. @ Municipal Property Assessment Corporation and its suppliers. All rights reserved. THIS ISNOTAPLANOF SURVEY. L:\PLANNING\01-MapFiles\MV\2025\MV 17-25\MV 17-25.aprx -27- Exhibit 2 to permit a maximum lot coverage of 43 percent Submitted Site Plan File No: MV 17/25 Applicant: R. Navaratnam & N. Rasanayagam Municipal Address: 405 Frontier Court CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: March 19, 2025 -28- Ex h i b i t 3 Su b m i t t e d R e a r E l e v a t i o n P l a n Fi l e N o : MV 17 /2 5 Ap p l i c a n t : R. N a v a r a t n a m & N . R a s a n a y a g a m Mu n i c i p a l A d d r e s s : 40 5 F r o n t i e r C ou rt 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 : M a r c h 19 , 2 0 2 5 -29- Report to Committee of Adjustment Application Number: MV 23/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 23/25 A. Carinelli 1428 Parkham Crescent Application The applicant requests relief from Zoning By-law 8149/24, to permit a maximum lot coverage of 35.7 percent, whereas the By-law requires a maximum lot coverage of 33 percent. The applicant requests approval of this minor variance application to construct an addition to the existing detached dwelling. Recommendation The City Development Department recommends Deferral of Minor Variance Application MV 23/25 to the May 2025 Committee of Adjustment Hearing to allow for the applicant to prepare and submit a revised site plan that includes the deck as proposed in the building permit application, to the satisfaction of the City, in support the requested variance. Background The minor variance application was filed on February 24, 2025. The applicant confirmed that requested variance was not identified through the Building Permit application, application for Site Plan Approval or Zoning Certificate application process. A building permit application was submitted on February 25, 2025, which includes the proposed addition and a deck. During the zoning review, staff determined that both the addition and the deck together would result in a lot coverage that exceeds the requested variance of 35.7 percent. As the deck is not identified in the submitted site plan for both Building Permit and Minor Variance applications, staff are unable to accurately assess the full extent of the lot coverage or determine if the variance is sufficient. Staff request that a revised site plan for both applications be provided to include the proposed deck. The applicant is required to amend the requested variance, which will be identified through an updated zoning review. -30- Report MV 23/25 April 9, 2025 Page 2 Date of report: April 3, 2025 Comments prepared by: Original Signed By Original Signed By Figo Pham, B.ES Deborah Wylie, MCIP, RPP Zoning Technician Manager, Zoning & Administration FP:AR:jc https://pickeringo365.sharepoint.com/sites/CityDevDept/D3700/2025/MV 23-25/7. Report/Deferral (April 9)/MV 23-25 Report- Deferral.doc Attachments -31- Exhibit 2 Submitted Site Plan File No: MV 23/24 Applicant: A. Carinelli Municipal Address: 1428 Parkham Crescent CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: March 20, 2025 to permit a maximum lot coverage of 35.7 percent -33- Report to Committee of Adjustment Application Number: MV 24/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 24/25 2797373 Ontario Ltd. 1837 New Street Application The applicant requests relief from Zoning By-law 8149/24, to permit: •a maximum dwelling height of 9.6 metres, whereas the By-law permits a maximumdwelling height of 9.0 metres; and •a minimum side yard setback: one side (south) 1.5 metres and other side (north)1.8 metres, whereas the By-law permits one side 1.5 metres and other side 2.4 metres. The applicant requests approval of these variances to obtain a building permit to construct 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 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, 6 & 7). Background Consent Application LD 066/2021 was approved by the Durham Regional Land Division Committee on June 7, 2021, to sever the rear of 1868 Spruce Hill Road and create a new residential lot fronting along New Street. A condition of approval was for the applicant to enter into a development agreement with the City and to convey a portion of the lot to complete the bulb/elbow of New Street. However, after further discussion with Planning and Engineering Staff, it was determined that a development agreement including the conveyance to complete the New Street bulb/elbow was not necessary. -34- Report MV 24/25 April 9, 2025 Page 2 The request to realign the existing New Street bulb/elbow would create construction disruptions for the neighbourhood and would remove mature vegetation. The applicant has worked with City staff and the adjacent neighbours on designing the future driveway access for the newly created lot. Comment General Intent and Purpose of the Official Plan Under the Regional Official Plan, the subject property is designated “Urban System – Community Areas”. Furthermore, the City of Pickering Official Plan designates the subject site Urban Residential Areas – Low Density Area within the Amberlea Neighbourhood. Staff is of the opinion that the requested variances maintain the general intent and purpose of the Official Plan. General Intent and Purpose of the Zoning By-law The subject property is zoned “R1E” Detached Residential under Zoning By-law 8149/24. Dwelling Height The applicant has proposed a dwelling height of 9.6 metres, whereas the By-law requires 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. The requested variance for dwelling height is due to the significant downward grading of the lot. Dwelling Height is determined by the vertical distance between the average grade and the midpoint between the eaves and ridge. Average Grade is determined by the average elevation of the finished surface of the ground where it meets the exterior of the front of such building. A majority of the house maintains a height of less than or equal to 9.0 metres. However, due to the significant downward slope towards the southern portion of the lot, a height greater than 9.0 metres is measured at some points around the dwelling. As dwelling height is measured utilizing the average grade at the front of the dwellings, the dwelling height will still appear consistent with the existing detached dwellings along the street. In addition, the adjacent development to the west is zoned “R1F” and allows a maximum dwelling height of 12.0 metres. The proposed dwelling height maintains the character of the existing development along New Street. The applicant has proposed a greater front yard setback to mitigate shadowing and overlooking impacts to the adjacent dwellings. Staff are of the opinion that the increase in dwelling height maintains the general purpose and intent of the By-law. Side Yard Depth The applicant has proposed a south side yard of 1.5 metres and the other side (north) of 1.8 metres, whereas the By-law permits one side to have a minimum 1.5 metres side yard setback and the other side to have a minimum 2.4 metre side yard setback. -35- Report MV 24/25 April 9, 2025 Page 3 Prior to the Council-adoption of Consolidated Zoning By-law 8149/24, the subject property was subject to the provisions of Zoning By-law 3036. Section 5.18(d) of By-law 3036 included a provision where an attached garage was constructed as part of a detached dwelling, the minimum required side yards for a Residential "R4" Zone shall be 1.5 metres. City Development staff are considering an amendment to By-law 8149/24 to reestablish a similar zoning provision. The intent of this provision is to provide an appropriate separation between structures on abutting properties to maintain pedestrian access, and to accommodate grading, drainage, and other residential services. There is sufficient space between the proposed dwellings and adjacent development to the south to provide pedestrian access, and to accommodate grading, drainage and residential services. Staff are of the opinion that the reduced side yard 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 variances will facilitate the construction of a two-storey detached dwelling on the subject property. The proposed placement of the dwelling generally maintains a consistent streetscape and is compatible with the development along New Street. The proposed setbacks accommodate appropriate soft landscape coverage and allow for appropriate drainage. The proposed dwelling is of a size and scale that is similar to the existing development along New Street and will reflect the existing streetscape. Staff are of the opinion that the requested variances are desirable for the appropriate development of the land and are minor in nature. Input From Other Sources Applicant • The requests are minor in nature and consistent with the new development on the street Durham Region Community Growth and Economic Development • No comments. Engineering Services • Ensure the reduced lot frontage (if approved with this application) does not adversely affect the drainage patterns within the lots and surrounding area. • Ensure the reduced side yard setback (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. -36- Report MV 24/25 April 9, 2025 Page 4 Building Services •No comments have been received as of thedate of writing this report. Public Input •No written submissions have been receivedfrom the public as of the date of writing thisreport. Date of report: April 3, 2025 Comments prepared by: Original Signed By Original Signed By Kerry Yelk Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration KY:jc https://pickeringo365.sharepoint.com/sites/CityDevDept/D3700/2025/MV 24-25/7. Report/MV 24-25 - Report.docx Attachments -37- Ex h i b i t 2 Su b m i t t e d Si t e P l a n Fi l e N o : MV 24 /2 5 Ap p l i c a n t : 27 9 7 3 7 3 O n t a r i o L t d . Mu n i c i p a l A d d r e s s : 18 3 7 N e w 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 Co p i e s o f t h i s P l a n . Da t e : Ma r c h 2 4 , 2 0 2 5 to p e r m i t a m a x i m u m dw e l l i n g h e i g h t of 9. 6 me t r e s to p e r m i t a m i n i m u m s i d e ya r d s e t b a c k : o n e s i d e (s o u t h ) 1 . 5 m e t r e s a n d ot h e r s i d e ( n o r t h ) 1. 8 me t r e s New Street to p e r m i t a m i n i m u m l o t f r o n t a g e o f 14 . 7 m e t r e s -39- Ex h i b i t 3 Su b m i t t e d De t a i l e d Si t e P l a n Fi l e N o : MV 24 /2 5 Ap p l i c a n t : 27 9 7 3 7 3 O n t a r i o L t d . Mu n i c i p a l A d d r e s s : 18 3 7 N e w 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 : Ma r c h 2 4 , 2 0 2 5 New Street Su b j e c t pr o p e r t y 18 2 5 Ne w S t r e e t 18 4 1 Ne w S t r e e t -40- Ex h i b i t 4 Su b m i t t e d We s t E l e v a t i o n (F r o n t ) Fi l e N o : MV 24 /2 5 Ap p l i c a n t : 27 9 7 3 7 3 O n t a r i o L t d . Mu n i c i p a l A d d r e s s : 18 3 7 N e w 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 Co p i e s o f t h i s P l a n . Da t e : Ma r c h 2 4 , 2 0 2 5 -41- Ex h i b i t 5 Su b m i t t e d So u t h El e v a t i o n (Si d e ) Fi l e N o : MV 24 /2 5 Ap p l i c a n t : 27 9 7 3 7 3 O n t a r i o L t d . Mu n i c i p a l A d d r e s s : 18 3 7 N e w 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 Co p i e s o f t h i s P l a n . Da t e : Ma r c h 2 4 , 2 0 2 5 -42- Ex h i b i t 6 Su b m i t t e d Ea s t El e v a t i o n (Re a r ) Fi l e N o : MV 24 /2 5 Ap p l i c a n t : 27 9 7 3 7 3 O n t a r i o L t d . Mu n i c i p a l A d d r e s s : 18 3 7 N e w 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 Co p i e s o f t h i s P l a n . Da t e : Ma r c h 2 4 , 2 0 2 5 -43- Ex h i b i t 7 Su b m i t t e d No r t h El e v a t i o n (Si d e ) Fi l e N o : MV 24 /2 5 Ap p l i c a n t : 27 9 7 3 7 3 O n t a r i o L t d . Mu n i c i p a l A d d r e s s : 18 3 7 N e w 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 Co p i e s o f t h i s P l a n . Da t e : Ma r c h 2 4 , 2 0 2 5 -44- Report to Committee of Adjustment Application Number: MV 25/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 25/25 L. Cinco 1486 Old Forest Road Application The applicant requests relief from Zoning By-law 8149/24, to permit: •a maximum dwelling depth of 22.9 metres, whereas the By-law permits a maximum of20.0 metres; •a minimum side yard setback of 0.9 metres, whereas the By-law permits a minimum of1.5 metres; and •a maximum lot coverage of 36 percent, whereas the By-law permits a maximum of33 percent. The applicant requests approval of this minor variance application to obtain a building permit to construct a replacement 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 replacement dwelling, as generally sited andoutlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). 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. -45- Report MV 25/25 April 9, 2025 Page 2 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 Area” by the City of Pickering Official Plan. Lands within this designation are intended to accommodate residential uses including detached dwellings. 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 “R1E” – Residential First Density E under Zoning By-law 8149/24. Maximum Dwelling Depth Dwelling depth is the measurement of the distance between the required minimum front yard setback and the rear of the dwelling, which is a measurement of how deep a dwelling protrudes into a lot. The intent of requiring a maximum dwelling depth is to provide for the placement of rear walls consistent with those on neighboring properties, and to reduce potential shadowing, and massing and privacy impacts on adjacent dwellings and rear yards. The applicant is requesting a maximum dwelling depth of 22.9 metres, whereas the By-law permits 20.0 metres. Dwelling depth is measured by the required minimum front yard setback, which is determined by the shortest setback on the immediate adjacent lots, to the rear dwelling wall. The proposed dwelling depth of 22.9 metres will bring the rear wall of the proposed dwelling flush with the existing development on the adjacent lots to the south minimizing overshadowing and privacy impacts. Additionally, due to the existing reduced lot frontage, the increased dwelling depth allows for a more functional interior layout while ensuring compatibility with the surrounding built form. The proposed placement of the dwelling maintains the general character and consistency of the existing block of development in the area. Staff is of the opinion that the requested variance to permit a maximum dwelling depth of 22.9 metres maintains the general intent and purpose of the By-law. Side Yard Setback The applicant is requesting a minimum side yard setback of 0.9 metres, whereas the Zoning By-law requires a minimum of 1.5 metres. The purpose of side yard setback requirements is to ensure adequate separation between buildings for access, maintenance, and stormwater drainage, while also minimizing impacts on privacy and maintaining the character of the neighborhood. -46- Report MV 25/25 April 9, 2025 Page 3 The proposed reduction in the side yard setback will still provide reasonable space for maintenance access and drainage while maintaining appropriate separation from adjacent properties. Additionally, the reduced setback is consistent with similar development patterns in the area and does not result in significant impacts on privacy or shadowing. However, the reduced side yard may restrict the ability to provide access for any future opportunities to accommodate an accessory dwelling unit on the property. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Maximum Lot Coverage The applicant requests a maximum lot coverage of 36 percent, whereas the By-law permits a maximum lot coverage of 33 percent. The intent of this provision is to ensure that adequate space is provided for landscaping and private amenity in the rear, while protecting the privacy of abutting properties. The property retains sufficient outdoor amenity space within the front and rear yard. The requested variance does not appear to adversely affect stormwater runoff, drainage, or the use and enjoyment of adjacent properties. Staff is of the opinion that requested variance maintains 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 allow for the construction of a replacement dwelling that is in keeping with the existing character of the neighborhood. The proposed increases in dwelling depth and lot coverage, along with the reduced side yard setback, support a functional and appropriately scaled home while remaining compatible with surrounding properties. The increased dwelling depth aligns with adjacent properties, minimizing privacy and shadowing impacts. The reduced side yard setback of 0.9 metres, though less than the By-law requirement, still provides reasonable access for maintenance while maintaining adequate separation from neighboring properties. The slight increase in lot coverage retains sufficient open space for outdoor amenity use and stormwater drainage. The proposed variances do not result in significant impacts related to massing, privacy, or stormwater management. Staff is of the opinion that the requested variances are desirable for the appropriate development of the land and are minor in nature. Input From Other Sources Applicant •The average lot frontage in theneighborhood is 15.24 metres. However, this lot has a reduced frontage which would result in a house width of just 4.33 metres. -47- Report MV 25/25 April 9, 2025 Page 4 Engineering Services •Ensure the increased maximum dwellingdepth, and reduced side yard setback (ifapproved with this application) does not adversely affect the drainage patterns withinthe lot and surrounding area. •Ensure the increased maximum lotcoverage (if approved with this application) does not adversely affect the drainagepatterns within the lot and surrounding area. •Multiple Low Impact Development measures(such as infiltration galleries with downspout connections, rain gardens and 450mmamended soils) will be required at theBuilding Permit stage. Building Services •No comments have been received as of the date of writing this report. Durham Region Community Growth and Economic Development •No comments. Fire Services •The reduction of the side yard to 0.9m would limit the potential to accommodate an additional dwelling unit (ADU) if access isrequired through this narrowed space. Public Input •No written submissions were received from the public as of the date of writing thisreport. Date of report: April 3, 2025 Comments prepared by: Original Signed By Original Signed By Ash Roy, B.URPL. Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration AR:jc C:\Users\jcorreia\OneDrive - Corporation of the City of Pickering\D-3700 Committee of Adjustment - PCA Applications\2025\MV 25-25\7. Report\MV 25-25 Report.docx Attachments -48- Exhibit 1 'v'.___LIIIIIIII II I II I I 11 11 I \\ I l/ r--, Sheppard Avenue \ \ \ \ \ \ \ \ ~ I \ -\ ~ -v. \ ~ -xx \ ~l \ \ \/ \ \ \ /\ \ \ \ \ \ Subject ~ \~-Lands \ \ ~ \ \ \ i<l'? \ \ ~\ r-,. "\~ \\\ ~ \~\ ,\ \ ~ \ \ \ I \ \ \ \J ~ \ \\ ~ \ ~ \ \ I \ \ \ \ \ \ \ ) N ~ \ \ ~~ \ \ I I af:j of Location Map File: MV 25/25 PlCKERlNG Applicant: L. Cinco City Development Municipal Address: 1486 Old Forest Road @ The Corporation of the City of Pickering Produced (in part) under license from: Date: Mar. 03, 2025 Department @ King's Printer, Ontario Ministry of Natural Resources. All rights reserved.,@ His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.;@ Teranet Enterprises Inc. and its SCALE; 1;2,500 I suppliers. All rights reserved.,@ Municipal Property Assessment Corporation and its suppliers. All rights reserved. THIS ISNOTAPLANOF SURVEY. L:\PLANNING\01-MapFiles\MV\2025\MV 25-25\MV 25-25.aprx -49- Ex h i b i t 2 to p e r m i t a m a x i m u m l o t co v e r a g e o f 3 6 p e r c e n t to p e r m i t a m a x i m u m dw e l l i n g d e p t h o f 22 . 9 m e t r e s to p e r m i t a m i n i m u m si d e y a r d s e t b a c k o f 0. 9 m e t r e s Su b m i t t e d S i t e P l a n Fi l e N o : MV 25 /2 5 Ap p l i c a n t : L. C i n c o Mu n i c i p a l A d d r e s s : 14 8 6 O l d F o r e s t R o a d CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : M a r c h 19 , 2 0 2 5 -50- Ex h i b i t 3 Su b m i t t e d N o r t h E l e v a t i o n P l a n Fi l e N o : MV 25 /2 5 Ap p l i c a n t : L. C i n c o Mu n i c i p a l A d d r e s s : 14 8 6 O l d F o r e s t R d CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : M a r c h 2 4 , 2 0 2 5 -51- Report to Committee of Adjustment Application Number: MV 26/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 26/25 2706858 Ontario Ltd. 985 Brock Road Application The applicant requests relief from Zoning By-law 8149/24, to permit a maximum aggregate gross leasable floor area of 505 square metres for all restaurants on the lot, whereas the By-law permits the maximum aggregate gross leasable floor area of 400 square metres for all restaurants on the lot. The applicant requests approval of this minor variance application to obtain a building permit to permit an additional restaurant use within the existing commercial building. 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 not to be consistent with the Provincial Planning Statement 2024 (PPS), not in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and is not minor in nature. 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 restaurant use in the existing commercialbuilding, as generally sited and outlined on the applicant’s submitted plans (refer toExhibits 2 & 3). Comment Provincial Planning Statement, 2024 Section 3(5)(a) of the Planning Act requires decisions of any planning authority regarding planning matters including decisions of committees of adjustment be consistent with provincial policy statements that are in effect on the date of the decision, meaning that all land use planning decisions must be consistent with the Provincial Planning Statement 2024 (PPS). Section 2.8.2 1. of the PPS requires planning authorities to plan for, protect and preserve employment areas for current and future uses. -52- Report MV 26/25 April 9, 2025 Page 2 In protecting and preserving employment areas for current and future uses, section 2.8.2 3.b) outlines that planning authorities designate, protect and plan for uses that require employment area locations such as manufacturing, research and development by prohibiting, among other uses, commercial uses. The proposed restaurant use is a commercial use. The PPS includes a new definition of employment area which does not include commercial uses that are not associated with manufacturing and warehouse uses. Amendments to the Planning Act also introduced a corresponding definition for area of employment that also does not include commercial uses. It is the opinion of staff that increasing a maximum aggregate gross leasable floor area to permit an additional restaurant is not consistent with the PPS. General Intent and Purpose of the Official Plan Under the Regional Official Plan, the subject property is designated “Urban System – Employment Areas & Regional Corridor”. The Pickering Official Plan designates the subject site, Urban Employment Areas – Mixed Employment within the Brock Industrial Neighbourhood. A range of industrial uses including manufacturing, processing, light service and a mix of retailing and services are permitted uses within this designation. Municipal official plans must be consistent, or not conflict, with the policies of the PPS. The City of Pickering Official Plan is under review and its policies will be updated to be consistent with the policies of the PPS. As municipal official plan policies are to be consistent with the PPS, it is the opinion of staff that the requested variance conflicts with the PPS and therefore does not meet the general intent and purpose of the Official Plan. General Intent and Purpose of the Zoning By-law The subject property is zoned “X69 (MC-22)” under Zoning By-law 8149/24. In addition to a range of employment uses that include food preparation plant, light manufacturing, and merchandise service shop, Exception Zone 69 permits, a maximum aggregate gross leasable floor area of 400 square metres on the lot for Restaurant Type ‘A’ uses. The applicant is proposing an additional restaurant use in Unit A3 of the existing building. Currently, a restaurant use exists in Unit C of the existing building, which has a total gross leasable floor area of 395 square metres. The proposed restaurant use in Unit A3 will have a total gross leasable floor area of 110 square metres. The applicant is requesting to increase the permitted gross floor area to 505 square metres to accommodate an additional restaurant within the existing building. The intent of the limiting the gross floor area of restaurants is to support a mix of employment uses within the building and to maintain sufficient parking on site. Staff is of the opinion that the requested variance to increase the maximum aggregate gross leasable for restaurant uses to permit an additional restaurant will limit the ability to support a mix of employment uses within the building and does not maintain the general intent and purpose of the Zoning By-law. -53- Report MV 26/25 April 9, 2025 Page 3 Desirable for the Appropriate Development of the Land, Building or Structure; and Minor in Nature The site-specific zoning permits a parking rate of 3.4 parking spaces per 93 metres of gross floor area for all uses. The applicant has not demonstrated that the parking provided is sufficient to accommodate an additional restaurant use. Staff is of the opinion that the requested variance to increase the maximum aggregate gross leasable for restaurant uses to permit an additional restaurant is not desireable for the appropriate development of the building. Input From Other Sources Applicant •The applicant has submitted a PlanningRationale in support of this application.Please contact the City DevelopmentDepartment to receive a copy of this rationale at citydev@pickering.ca. Durham Region Community Growth and Economic Development •No comments. Engineering Services •No comments Building Services •No comments have been received as of thedate of writing this report. Public Input •No written submissions have been received from the public as of the date of writing thisreport. Date of report: April 3, 2025 Comments prepared by: Original Signed By Deborah Wylie, MCIP, RPP Manager, Zoning & Administration DW:jc CityDevDept/D3700/2025/MV 26-25/7. Report/MV 26-25 - Report revd.docx Attachments -54- Exhibit 1 I Plummer Street Quartz Street " ""O (!) "' 0 :, C a::: (!) -"' > "' <l'. (/) >, Subject ~ I Lands \ I \__ "", Bayly Street XX X X X X ---X XX X X X X XX X X XX OJ \~ \ I, Dillingham Road ~ ~ Orangebrook Court r--- /y r---~ I ---- af:j of Location Map File: MV 26/25 PlCKERlNG Applicant: 2706858 Ontario Inc. City Development Municipal Address:985 Brock Road @ The Corporation of the City of Pickering Produced (in part) under license from: Date: Mar. 19, 2025 Department @ King's Printer, Ontario Ministry of Natural Resources. All rights reserved.,@ His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.;@ Teranet Enterprises Inc. and its SCALE: 1:3,500 I suppliers. All rights reserved.,@ Municipal Property Assessment Corporation and its suppliers. All rights reserved. THIS ISNOTAPLANOF SURVEY. L:\PLANNING\01-MapFiles\MV\2025\MV 26-25\MV 26-25.aprx -55- Ex h i b i t 2 Su b m i t t e d Si t e Pl a n Fi l e N o : MV 26 /2 5 Ap p l i c a n t : 27 0 6 8 5 8 O n t a r i o I n c Mu n i c i p a l A d d r e s s : 98 5 B r o c k R o a d CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : Ma r c h 2 4 , 2 0 2 5 to p e r m i t t h e m a x i m u m a g g r e g a t e g r o s s le a s a b l e f l o o r a r e a s h a l l b e f o r a l l re s t a u r a n t s o n t h e l o t : 5 0 5 s q u a r e m e t r e s -56- Ex h i b i t 3 Su b m i t t e d Bu i l d i n g F l o o r Pl a n Fi l e N o : MV 26 /2 5 Ap p l i c a n t : 27 0 6 8 5 8 O n t a r i o I n c Mu n i c i p a l A d d r e s s : 98 5 B r o c k R o a d CO N T A C T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : Ma r c h 2 4 , 2 0 2 5 to p e r m i t t h e m a x i m u m a g g r e g a t e g r o s s le a s a b l e f l o o r a r e a s h a l l b e f o r a l l re s t a u r a n t s o n t h e l o t : 5 0 5 s q u a r e m e t r e s Su b j e c t U n i t -57- Report to Committee of Adjustment Application Number: MV 27/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Minor Variance Application MV 27/25 Mattamy (Seaton) Limited Whitevale Road (Lot 41, Block 92 on SP-2009-11) Application The applicant requests relief from Zoning By-law 8149/24, to permit a minimum rear yard setback of 5.32 metres, whereas the By-law requires a minimum rear yard setback of 6.0 metres. The applicant seeks approval of this minor variance application to permit the construction of a single detached dwelling as part of Phase 2 of the Draft Approved Plan of Subdivision SP-2009-11. 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 development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). 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”. -58- Report MV 27/25 April 9, 2025 Page 2 The subject property is designated “Urban Residential Areas – Medium Density Area” by the City of Pickering Official Plan. Lands within this designation are intended to accommodate residential uses including detached dwellings. 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 “X381” (SMDDS-H) – Exception Zone 381 under Zoning By-law 8149/24. The applicant is requesting a minimum rear yard setback of 5.32 metres, whereas the By-law requires a minimum of 6.0 metres. The intent of the rear yard setback requirement is to provide adequate outdoor amenity space, maintain privacy for adjacent properties, and ensure appropriate separation between buildings. Rear yard setbacks help maintain the open character of residential areas and allow for access, landscaping, and stormwater management. The need for this minor variance arises due to the irregular shape of the corner lot. Additionally, the property’s rear yard is adjacent to a non-residential use, a proposed Elementary School Block, which further reduces potential impacts related to privacy or compatibility. The proposed reduction in the rear yard setback continues to provide sufficient rear yard space to support outdoor use and amenity. The remaining setback is expected to maintain appropriate separation from adjacent properties and does not result in significant impacts related to privacy, overlook, or shadowing. Furthermore, similar rear yard conditions exist within the surrounding neighborhood, indicating a consistent pattern of development. Staff is of the opinion that requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The proposed development represents the continued build-out of a planned residential subdivision and is consistent with the intended land use and built form anticipated through the subdivision approval process. The proposed reduction in rear yard setback supports the efficient use of the lot while maintaining appropriate separation from surrounding properties. The requested variance is not expected to result in significant impacts to privacy, shadowing, or the use and enjoyment of adjacent lands. The proposed dwelling remains compatible with the character of the surrounding area and conforms to the broader deelopment pattern established through the subdivision. 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 applicant has submitted a Cover Letter in support of this application. Please contact the City Development Department to receive a copy of this letter at citydev@pickering.ca. -59- Report MV 27/25 April 9, 2025 Page 3 Engineering Services •No comments. Building Services •No comments have been received as of the date of writing this report. Durham Region Community Growth and Economic Development •No comments. Public Input •No written submissions were received from the public as of the date of writing thisreport. Date of report: March 31, 2025 Comments prepared by: Original Signed By Original Signed By Ash Roy, B.URPL. Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration AR:jch CityDevDept/D3700/2025/MV 27-25/7. Report/MV 27-25 Report.docx Attachments -60- Exhibit 2 to permit a minimum rear yard setback of 5.32 metres Submitted Site Plan File No: MV 27/25 Applicant: Mattamy (Seaton) Limited Municipal Address: Whitevale Road (Lot 41, Block 92 on SP-2009-11) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: March 19, 2025 -62- Ex h i b i t 3 Su b m i t t e d L e g a l P l a n Fi l e N o : MV 27 /2 5 Ap p l i c a n t : Ma t t a m y ( S e a t o n ) L i m i t e d Mu n i c i p a l A d d r e s s : Wh i t e v a l e R oa d ( L o t 4 1 , B l o c k 9 2 o n S P - 2 0 0 9 - 11 ) 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 : M a r c h 19 , 2 0 2 5 -63- Report to Committee of Adjustment Application Numbers: LD 03/25 & MV 12/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Committee of Adjustment Applications LD 03/25 & MV 12/25 I. Syed 900 Vistula Drive Applications Consent Application LD 03/25 proposes the creation of one additional residential lot. The applicant is proposing to sever a 437.7 square metre residential parcel of land (Part 2), retaining an 806.8 square metre residential parcel of land (Part 1). The existing dwelling on Part 1 will remain (refer to Exhibit 2). Minor Variance Application MV 12/25 requests variances to permit a proposed dwelling on Part 2 (refer to Exhibits 3 & 4). This application will be considered concurrently with Consent Application LD 03/25. Requested Variances MV 12/25 – (Severed Parcel – Part 2) The applicant requests relief from Zoning By-law 8149/24, as it relates to the severed lot, to permit: • a maximum driveway width at the lot line for lots with frontage equal to or greater than 11.0 metres: 6.5 metres, whereas the By-law requires a maximum driveway width at the lot line for lots with frontage equal to or greater than 11.0 metres: 6.0 metres; • a minimum lot area of 430 square metres, whereas the By-law permits a minimum lot area of 460 square metres; • a maximum lot coverage of 37.5 percent, whereas the By-law requires a maximum lot coverage of 33.0 percent • a minimum rear yard setback of 3.4 metres, whereas the By-law requires a minimum 7.5 metres; and • to permit a deck to encroach into the required rear yard setback to a maximum of 3.05 metres or half the distance of the minimum required rear yard setback, whereas the By-law permits a balcony, porch or uncovered platform may encroach into any required setback to a maximum of 2.0 metres or half the distance of the minimum required setback. -64- Report LD 03/25 & MV 12/25 April 9, 2025 Page 2 Recommendations 1. Staff have reviewed Consent Application LD 03/25, with respect to Section 51(24) of the Planning Act criteria and have no objections to the consent application, subject to the conditions outlined within Appendices I, II, III & IV. 2. Staff have reviewed Minor Variance Application MV 12/25 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: i. That these variances apply only to the severed lot (Part 2) and proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 3, 4, 5 & 6). Background Prior to the final application submission for Consent and Minor Variance, the applicant has worked to address TRCA’s concerns of the existing natural heritage features along the rear of the property. TRCA staff reviewed various iterations of a proposed lot configuration with the applicant, staked the dripline of vegetation and top of bank, and reviewed an Environmental Impact Statement and Slope Stability Assessment. In 2024, through a revision of the proposed rear property line shared by Part 1 and Part 2 of 900 Vistula Drive, TRCA agreed to the following: • acceptance of an 8.0 metre setback from the confirmed Long-Term Stable Top of Slope (LTSTOS) understanding that the rear yard setback requirements from the City were challenging from a project feasibility perspective; • agreement to allow the existing inground pool to remain on the retained lot; and • re-naturalization of the 10.0 metre setback from the LTSTOS on and up to the newly created lot (8.0 metres on Part 1 and 2.0 metres located on Part 2). In the final application submission, the applicant has satisfied TRCA’s concerns identifying the previously agreed upon setback requirements as outlined above and identified on the plan to the TRCA’s satisfaction. The applicant was required to move the rear property boundary inward to ensure protection of existing trees along the rear of the property. -65- Report LD 03/25 & MV 12/25 April 9, 2025 Page 3 Comments Consent Application LD 03/25 Official Plan Under the Regional Official Plan, the subject property is designated “Urban System – Community Areas”. The subject lands are designated “Urban Residential Area - Low Density Areas” under the Pickering Official Plan, which permits residential uses. The subject lands are located within the West Shore neighbourhood. The subject lands are identified in the Official Plan as being within Key Natural Heritage Features on the following schedules: • on Schedule III B, “Significant Woodlands” • on Schedule III C, “Shorelines, Significant Valley Lands and Stream Corridors” Table 18 of the Official Plan identifies minimum areas of influence and minimum vegetation protection zones related to key natural heritage and key hydrologic features. Lands within 120 metres of “Significant Valley Lands” or “Significant Woodlands” are within the Area of Influence. Lands within 30 metres of a top of bank for “Significant Valley Lands” and 10 metres from the dripline of “Significant Woodlands” are within a Minimum Vegetation Protection Zone, which do not permit development. As determined through the applicant’s Enivronmental Impact Statement submitted to TRCA, the proposed development will occur outside the minimum vegetation protection zones. Staff are of the opinion that the requested variances maintain the general intent and purpose of the Official Plan. Zoning By-law The subject property is zoned “R1E” under Zoning By-law 8149/24: Lots Zone Required Lot Area (m2) Proposed Lot Area (m2) Required Lot Frontage (m) Proposed Lot Frontage (m) Retained Parcel (Part 1) R1E 460.0 806.8 15.0 17.5 Severed Parcel (Part 2) R1E 460.0 437.7 15.0 17.4 The proposed retained lot appears to comply with the minimum lot area and lot frontage requirements of the Zoning By-law. However, the proposed severed lot does not comply with the minimum lot area requirements of the Zoning By-law. A variance to permit a reduced lot area for Part 2 is requested in Minor Variance Application MV 12/25. -66- Report LD 03/25 & MV 12/25 April 9, 2025 Page 4 Minor Variance Application MV 12/25 Maximum Driveway Width The applicant requests a maximum driveway width of 6.5 metres at the front lot line, whereas the By-law permits a maximum driveway width of 6.0 metres at the front lot line. The 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 proposed driveway is required to access the proposed two door garage. The requested variance is not expected to generate significant negative impacts to the streetscape. Staff are of the opinion that the variance maintains the general intent and purpose of the Zoning By-law. Minimum Lot Area The intent of the minimum lot area requirement of 460 square metres is to ensure a usable lot size that is compatible with the neighbourhood. Previously, the applicant had submitted a proposed severance plan that complied with the minimum lot area and lot frontage requirements of the By-law. However, the TRCA required that the rear lot line of the severed lot be beyond the approved 8.0 metre setback from the top of bank natural heritage feature. The existing lot pattern along Vistula Drive ranges in lot sizes between 470 square metres to 720 square metres. The existing subject property has an area of approximately 1,230 square metres, making it the largest lot in this block. The proposed staggered rear lot line is acceptable, as it ensures that the retained lot (Part 1) will preserve the key natural heritage features of the existing lot, and no further development will encroach into the existing natural heritage features. In addition, the proposed dwelling and associated rear deck are intended to be located outside the 10.0 metre setback from the top-of-bank. The applicant has demonstrated that a detached dwelling can be appropriately sited on the severed lot. Staff are of the opinion that the requested variance for the lot area maintains the general intent and purpose of the Zoning By-law. Maximum Lot Coverage The intent of the maximum lot coverage of 33 percent is to maintain an appropriate amount of permeable yard space (for landscaping and amenity areas) uncovered by buildings on a lot and to ensure appropriate lot drainage. The proposed dwelling accounts for 32 percent of the lot coverage (137.9 square metres), and the front yard porch and rear yard deck account for 5.5 percent. The proposed dwelling will provide sufficient space on the property left uncovered for landscaping and amenity areas. The dwelling maintains a staggered rear yard setback ranging between 3.4 metres to 9.5 metres for amenity space, and the applicant is proposing soft and hard landscaping in both the front and rear yard. In addition, the rear yard deck will supplement the amenity space within the rear yard. Staff are of the opinion that the requested variance for lot coverage maintains the general intent and purpose of the Zoning By-law. -67- Report LD 03/25 & MV 12/25 April 9, 2025 Page 5 Minimum Rear Yard Setback and Rear Yard Deck Encroachment The intent of the minimum rear yard setback and associated encroachment of decks is to maintain sufficient outdoor amenity space within the rear yard, and to maintain an appropriate separation between structures and abutting rear yards to mitigate privacy/overlook concerns. Due to the proposed staggered rear yard lot line, the proposed setback of the dwelling and deck, along the eastern portion of the lot, have a 3.4 metre rear yard setback. However, the rear yard setback of the dwelling along the western portion of the lot has a 9.5 metre rear yard setback. The proposed deck contributes to the overall amenity space in the rear yard. The owner should consider landscaping features that mitigate privacy concerns between the proposed yards of Part 1 and 2. Staff is of the opinion that the requested variances for rear yard setback and projection of the proposed deck maintain the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances will facilitate the development of a detached dwelling on the proposed severed lot. The proposed development is intended to be located outside of the Significant Woodland and Valleylands key natural heritage features, as determined by the applicant’s environmental impact statement and top-of-bank stability assessment. Staff consider the proposal to be desirable for the appropriate development of the land as it will intensify an underutilized lot. The siting of the proposed dwelling has been designed to maintain consistent alignment with the adjacent properties with similar setbacks. Staff are of the opinion that the requested variances are desirable for the appropriate development of the land and are minor in nature. Input From Other Sources Applicant • TRCA required rear lot line to be moved inward for tree protection. Toronto and Region Conservation Authorities • TRCA have no objections to the approval of Consent Application No. LD 03/25 subject to the conditions identified in Appendix IV. Building Services (LD 03/25 & MV 12/25) • No concerns from Building Services. Building Permit is required prior construction. Fire Services (LD 03/25) • No comments on the land division application. Engineering Services (LD 03/25) • Refer to the Engineering Services memo dated March 25, 2025, attached hereto as Appendix II, for conditions of approval for LD 03/25. -68- Report LD 03/25 & MV 12/25 April 9, 2025 Page 6 Engineering Services (MV 12/25) •Ensure the reduced rear yard setback (ifapproved with this application) does not adversely affect the drainage patterns within the lots and surrounding area. •Ensure the increased maximum lotcoverage (if approved with this application)does not adversely affect the drainage patterns within the lot and surrounding area. •Ensure the projection of the deck in the rearyard (if approved with this application) does not adversely affect the drainage patterns within the lot and surrounding area. •Multiple Low Impact Development measures(such as infiltration galleries with downspout connections, rain gardens and 450mm topsoil) will be required at the LandDivision/Building Permit stage. Region of Durham Community Growth and Economic Development and Works Departments (LD 03/25) •Refer to the letters dated March 26, 2025,attached hereto as Appendix III, for the conditions of approvals for LD 03/25. Regional Development Advisory Services (MV 12/25) •No comments. Public Input •No written submissions have been received from the public as of the date of writing thisreport. Date of report: April 1, 2025 Comments prepared by: Original Signed By Original Signed By Kerry Yelk Deborah Wylie, MCIP, RP Planner II Manager, Zoning & Admin P istration KY:jc https://pickeringo365.sharepoint.com/sites/CityDevDept/D3500/2025/LD 03-25 & MV 12-25/8. Report/LD 03-25, MV 12-25.docx Attachments -69- Appendix I April 9, 2025 Recommended Conditions of Approval for Consent LD 03/25 The City Development Department has reviewed the above application and provides the following conditions, to be fulfilled by the applicant/owner: 1. Submit one copy of a Draft Reference Plan to the satisfaction of the City of Pickering, prior to depositing the plan with the Land Registry Office, that confirms the dimensions of the proposed retained and severed parcels, and that a survey be submitted showing the location of any buildings and structures located thereon. 2. Submit one copy of a Deposited Reference Plan, to the satisfaction of the City of Pickering, upon completion of Condition 1 above. 3. Ensure that any zoning non-compliances identified through Condition 1 above, resulting from the proposed severance, be brought into compliance. 4. Ensure that any existing structure(s) on severed parcel or that straddle both the retained and severed parcels are removed. 5. Provide a certified cheque, made payable to the City of Pickering for cash-in lieu of parkland for each newly created lots. The parkland fee shall be in accordance with the City’s General Municipal Fees By-law in effect at the date of such payment (the current amount is $7,865.00 per each newly created lot). 6. Coordinate with the City of Pickering, City Development Department to assign an appropriate municipal address for the retained and severed parcels. 7. That the consent be subject to the following periods: • Last day for fulfilling Conditions is April 9, 2027. • Expiry Date of Application LD 03/25 is May 10, 2027. Upon fulfillment of these conditions the applicant must submit a cheque payable to the City of Pickering in the amount of $1,145.00 for the stamping of the deed package, to be prepared and submitted by a lawyer. Clearing Agencies 1. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City Planning Department that Conditions #1 to #6 have been carried out to its satisfaction. -70- Appendix I Page 2 of 2 2. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City Engineering Services Department that the Conditions in Appendix II have been carried out to its satisfaction. 3. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the Regional Planning and Economic Development Department that the Conditions in Appendix III have been carried out to its satisfaction. 4. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by Regional Works Department that the Conditions in Appendix III have been carried out to its satisfaction. 5. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the Toronto and Region Conservation Authority that the Conditions in Appendix IV have been carried out to its satisfaction. 6. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be satisfied that the time periods outlined in Condition #7 have been adhered to. Advisory Comments 1. Once all conditions contained in the Committee's Decision are fully satisfied by the applicant, the applicant’s solicitor must prepare and forward the legal document(s) with the applicable stamping fee to the City of Pickering Committee of Adjustment office, to the attention of the Secretary-Treasurer for review and approval with stamping. The document(s) will be returned to the solicitor for registration purposes. Failing receipt by the Secretary-Treasurer of the Deed Package by the requisite date, the application shall be deemed expired and shall lapse. -71- Memo To: Kerry Yelk March 13, 2025 Planner II From: Paal Helgesen Division Head, Water Resources & Development Services Copy: Manager, Zoning & Administration Supervisor, Development Approvals Subject: Land Division Application LD 03/2025 – Conditions -Iftekhar Ahmed Syed-900 Vistula Drive File: D-4400 Water Resources & Development Services has reviewed the above application and provide the following conditions: 1.A draft reference (40R) plan will be required. 2.The applicant will be required to provide an Engineering Review Fee of $1,750.00 for the proposed lot, and a fee of $2,330.00 for the clearance of Water Resources & DevelopmentServices conditions. A cheque, payable to the City of Pickering, in the amount of $4,080.00will be required. 3.As a condition of severance, the applicant must pay to the City $198.92 ($2,550.00/hectare) for their Stormwater Maintenance Fee. 4.A preliminary grading and drainage plan will be required as a condition of severance. Itmust contain sufficient information regarding existing and proposed grades such that it can be adequately determined that development of this property will not adversely affect adjacent properties. The plan must illustrate Low Impact Development Stormwater Management Measures for the proposed lots, including, but not limited to, amended topsoil,permeable pavers on the driveway, infiltration galleries, and rain gardens. The plan shouldindicate existing vegetation/trees within and adjacent to the property that may be affected. The plan should indicate the proposed driveway locations and existing utilities within theboulevard. Relocation of utilities will be the applicant’s responsibility. 5.The City requires a stormwater management brief to be submitted for review. The briefshall address the following design criteria: •The 5-year post-development flow from the proposed development shall not exceedthe pre-development levels. The runoff in excess of the 5-year pre-development levelmust be retained on the site through implementation of low impact development (LID) Appendix II -72- March 13, 2025 Page 2 of 3 Land Division Application LD 03/2025 measures, such as soakaway pits/infiltration trenches (see attachment), pervious surface etc. The 5-year predevelopment flow should be determined using runoff coefficient of 0.2 and ‘old’ IDF parameters (A=2464, B=16, C=1). • All LID measures must be designed in accordance with the Low Impact Development Stormwater Management Planning and Design Guide (CVC, TRCA, 2010). Sizing calculations and design information for all proposed LIDs must be provided in the Stormwater Management Design Brief/Letter signed and sealed by a Professional. Locations and details of the proposed measures must be shown on the Site Servicing/Grading Plan. • All proposed LID measures must be located solely on private property and must be owned and maintained by the property owner. All necessary information regarding the function and maintenance of the LID must be included in the purchase agreements. A Section 119 Restrictive Covenant is to be registered on title prohibiting the alteration or removal of the LID measure(s). • Foundation/sump pumps discharge to the surface or LIDs. • A minimum of 450mm depth of amended soils shall be specified for all grassed areas such as front yards, side yards, and back yards. Add appropriate notes (including specifications of the soil) shall be on the grading plan. • P-1020 is attached as the typical detail for a private soakaway pit. 6. A Tree Inventory and Protection/Removal Plan, prepared by a certified Arborist is required. Indicate all trees on the subject properties and the ones on adjacent lands within 3 metres of the site that may be impacted by the proposed construction. Provide a tree protection plan, indicating all trees to be protected and/or removed and indicate the location of tree protection hoarding. This information should address matters such as existing tree species, diameter, health, protection/removal strategies, and a proposed replanting plan. Compensation for loss of tree canopy will be required as per the City’s Tree Compensation Policy (https://www.pickering.ca/en/city-hall/resources/tree-inventory-preservation-removal- compensation-requirements.pdf) and is over and above any required boulevard tree as per the Boulevard Tree Planting Program. Compensation can be made through on-site replanting and/or cash-in-lieu as per the current Development Services Fee Schedule. -73- March 13, 2025 Page 3 of 3 Land Division Application LD 03/2025 7. Planting of one boulevard tree is required for each new lot being created. Where the planting of a boulevard tree is not possible, cash-in-lieu is to be provided as per the current Development Services Fee Schedule. PH:pb Attachments: 2025 DS User Fees P-1020 Soakaway Pit Detail P-1100 Tree Preservation Protection Fencing P-1101 Tree Protection Notes -74- -75- -76- -77- -78- -79- -80- -81- If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. The Regional Municipality of Durham Community Growth and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-77111-800-372-1102Email: communitygrowth@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PLE Commissioner of Community Growth and Economic Development March 26, 2025 Kerry Yelk Planner II City Development Department City of Pickering One the Esplanade Pickering, Ontario L1V 6K7 Re: Application for Consent LD 03/25 Regional File No.: LD 005/2025 Applicant: Iftekhar Syed Location: 900 Vistula Drive Municipality: City of Pickering Hearing Date: April 9, 2025 RECOMMENDATION: That application LD 03/25 be approved, subject to the following conditions: i). That the applicant shall demonstrate to the satisfaction of the Region of Durham, that all the requirements listed in the attached letter from the Region of Durham Works Department, dated March 24, 2025, be satisfied. BACKGROUND The consent application LD 01/25 for the subject site to sever a 458.9 m2 parcel of land, retaining a 779.0m2 parcel has been revised and is now filed as LD 03/25. PURPOSE LD 03/25 (LD 005/2025): The purpose of this application is to sever 437.7 m2 residential parcel (Part B), retaining an 806.8 m2 residential parcel (Part A). CONFORMITY WITH THE REGIONAL OFFICIAL PLAN (ENVISION DURHAM), PROVINCIAL PLANNING STATEMENT, AND DELEGATED PROVINCIAL PLAN REVIEW RESPONSIBILITIES Please be advised effective January 1, 2025, the Region became an upper-tier municipality without planning responsibilities. As such, Appendix III -82- LD 005/2025 -2- comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region’s formerly delegated provincial plan review responsibilities fall under the purview of the respective area municipality. DEPARTMENTAL COMMENTS Regional Works Department The Regional Works Department has reviewed the above noted application and have no objection to the granting of approval provided that the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial, and otherwise. CONCLUSION The proposed application will permit the severance of the subject site to create a residential parcel for the proposed construction of a two-storey single family dwelling. We have no concerns with the proposed application, subject to the applicant fulfilling the conditions contained in this letter. Yours truly, Lauren Raney Lauren Raney Planning Analyst Attachment: 1. Regional Works comments cc: Michelle Rea, Regional Works Department -83- -84- -85- Appendix IV -86- -87- -88- -89- -90- Ex h i b i t 2 Su b m i t t e d Dr a f t R e f e r e n c e Pl a n Fi l e N o : LD 03/2 5 Ap p l i c a n t : I. S y e d Mu n i c i p a l A d d r e s s : 90 0 V i s t u l a D r i v 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 DE 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 : Ma r c h 24 , 2 0 2 5 Re t a i n e d Pa r c e l (P a r t 1 ) (80 6 .8 m2) LD 0 3/2 5 Co n s e n t t o s e v e r a 4 3 7 . 7 sq u a r e me t r e r e s i d e n t i a l pa r c e l o f l a n d (P a r t 2), re t a i n i n g a 80 6 .8 sq u a r e me t r e r e s i d e n t i a l pa r c e l o f la n d (P a r t 1). Se v e r e d Pa r c e l (P a r t 2 ) (43 7 .7 m 2) -92- Ex h i b i t 3 Su b m i t t e d Si t e P l a n Fi l e N o : MV 1 2 / 2 5 Ap p l i c a n t : I. S y e d Mu n i c i p a l A d d r e s s : 90 0 V i s t u l a D r i v e (P a r t 2 ) 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 : Ma r c h 24 , 2 0 2 5 MV 1 2 / 2 5 to p e r m i t a m a x i m u m dr i v e w a y w i d t h a t t h e lo t l i n e f o r l o t s w i t h fr o n t a g e eq u a l t o o r gr e a t e r t h a n 11 . 0 me t r e s : 6 . 5 me t r e s to p e r m i t a mi n i m u m r e a r ya r d o f 3. 4 me t r e s to p e r m i t a ma x i m u m l o t co v e r a g e o f 37 . 5 p e r c e n t to p e r m i t a mi n i m u m l o t ar e a o f 4 3 0 sq u a r e m e t r e s to p e r m i t a d e c k t o en c r o a c h i n t o t h e re q u i r e d r e a r y a r d se t b a c k t o a ma x i m u m o f 3 . 0 5 met r e s or h a l f t h e di s t a n c e o f t h e mi n i m u m r e q u i r e d re a r y a r d s e t b a c k -93- Ex h i b i t 4 Su b m i t t e d El e v a t i o n s ( W e s t L o t – Pa r t 2) Fi l e N o : MV 1 2 / 2 5 Ap p l i c a n t : I. S y e d Mu n i c i p a l A d d r e s s : 90 0 V i s t u l a D r i v e ( P a r t 2 – We s t L o 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 : Ma r c h 2 4 , 2 0 2 5 -94- Report to Committee of Adjustment Application Numbers: LD 04/25 & MV 16/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Committee of Adjustment Applications LD 04/25 & MV 16/25 B & M Marchand 692 & 696 Hillview Crescent Applications The applicant is proposing to sever a 375.6 square metre portion of land (Part 3) to convey it to the abutting land locked property to the west, municipally known as 692 Hillview Crescent, to provide access to Hillview Crescent. A 1,395.0 square metre parcel of land (Parts 2 & 3) is proposed to be retained. A variance is required to permit a reduced lot frontage for the severed parcel (Part 3) (refer to Exhibit 2). Requested Variances MV 16/25 – (692 Hillview Crescent & Part 3, 40R-32841) The applicant requests relief from Zoning By-law 8149/24, as it relates to the severed lands, to permit a minimum lot frontage of 6.0 metres, whereas the By-law permits a minimum lot frontage of 18.0 metres. Recommendations 1. Staff have reviewed Consent Application LD 04/25, with respect to Section 51(24) of the Planning Act criteria and have no objections to the consent application, subject to the conditions outlined within Appendices I, II & III. 2. Staff have reviewed Minor Variance Application MV 16/25 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: i. That this variance applies only to the severed land, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). -95- Report LD 04/25 & MV 16/25 April 9, 2025 Page 2 Background 692 Hillview Crescent was created prior to the passing of the former Zoning By-law 2511, which required lots with dwellings to have frontage on public roads. In 1966, a Minor Variance Application (P/CA 69/66) was submitted for 692 Hillview Crescent to recognize the lot without frontage on a public road. Access to 692 Hillview Crescent has been possible through is a registered right-of-way easement (Inst No. D481105) on the neighbouring lot 696 Hillview Crescent. The applicant is seeking to deregister the existing right-of-way and convey to 692 Hillview Crescent the lands subject to the easement being Part 3, 40R-32841. Comments Consent Application LD 04/25 Official Plan Under the Regional Official Plan, the subject property is designated “Urban System – Community Areas”. The subject lands are designated “Urban Residential Area - Low Density Areas” under the Pickering Official Plan, which permits residential uses. The subject lands are located within the West Shore neighbourhood. Staff are of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. Zoning By-law The subject property is zoned “R1D” under Zoning By-law 8149/24: Lots Zone Required Lot Area (m2) Proposed Lot Area (m2) Required Lot Frontage (m) Proposed Lot Frontage (m) Retained Parcel (Parts 1 & 2, 40R-32841) R1D 550.0 1,395.0 18.0 25.3 Severed Parcel (Part 3, 40R- 32841) R1D 550.0 375.6* 18.0 6.3 * To be conveyed to and combined with 692 Hillview Crescent. -96- Report LD 04/25 & MV 16/25 April 9, 2025 Page 3 The proposed retained lot appears to comply with the minimum lot area and lot frontage requirements of the Zoning By-law. However, the proposed severed land does not comply with the minimum lot frontage requirements of the Zoning By-law. A variance to permit a reduced lot frontage for Part 3, 40R-32841 is requested in Minor Variance Application MV 16/25. Minor Variance Application MV 16/25 (692 Hillview Crescent) The intent of the minimum lot frontage requirement of 18.0 metres is to ensure a usable lot size that is compatible with the neighbourhood. The applicant is proposing to convey lands from 696 Hillview Crescent (Part 3 on 40R-32841), which currently contains driveway access for 692 Hillview Crescent. The applicant intends to sever the land to add the existing right-of- way into the same ownership as 692 Hillview Crescent providing access to the land locked parcel and frontage on Hillview Crescent. A variance to permit a reduced lot frontage for 692 Hillview Crescent is required. It should be noted that the proposed “key lot” configuration is discouraged by City staff. However, the existing lot has been in existence for over 60 years with no apparent adverse impact on the usability of the property or surrounding area. The proposed severance will not make any significant changes to the existing character of the neighbourhood and will provide the owner with ownership of the driveway, access to the lot and frontage on Hillview Crescent. Overall, the conveyance will allow for appropriate access to the existing lot. Staff are of the opinion that the requested variance for the lot frontage 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 facilitate the conveyance of the existing right-of-way easement (identified as Part 3 on 40R-32841) to 692 Hillview Crescent. The proposed variance will bring the existing lot in compliance with the Zoning By-law by recognizing a long-standing situation which does not adversely affect the usability of the subject property or surrounding area. The request to permit a 6.3 metre lot frontage to permit the conveyance of land is desirable for the appropriate development of the land and is minor in nature. Input From Other Sources Applicant • Sever existing easement of 696 Hillview Crescent and add it to 692 Hillview Crescent. The purpose is to make the driveway part of 692 Hillview Crescent and no longer have an easement. Building Services (LD 04/25 & MV 16/25) • No concerns from Building Services. Fire Services (LD 04/25) • No comments. -97- Report LD 04/25 & MV 16/25 April 9, 2025 Page 4 Engineering Services (LD 04/25) •Refer to the Engineering Services memodated March 25, 2025, attached hereto as Appendix II, for conditions of approval for LD 04/25. Engineering Services (MV 16/25) •No comments. Region of Durham Community Growth and Economic Development and Works Departments (LD 04/25) •Refer to the letters dated March 26, 2025, attached hereto as Appendix III, for theconditions of approvals for LD 04/25. Regional Development Advisory Services (MV 16/25) •No comments. Public Input •No written submissions have been receivedfrom the public as of the date of writing thisreport. Date of report: April 3, 2025 Comments prepared by: Original Signed By Original Signed By Kerry Yelk Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration KY:jc C:\Users\jcorreia\OneDrive - Corporation of the City of Pickering\D-3500 Committee of Adjustment - LD Applications\2025\LD 04-25 & MV 16-25\8. Report\LD 04-25 & MV 16-25.docx Attachments -98- Appendix I April 9, 2025 Recommended Conditions of Approval for Consent LD 04/25 The City Development Department has reviewed the above application and provides the following conditions, to be fulfilled by the applicant/owner: 1. Submit one copy of a Draft Reference Plan to the satisfaction of the City of Pickering, prior to depositing the plan with the Land Registry Office, that confirms the dimensions of the proposed severed parcel added to 692 Hillview Crescent, and that a survey be submitted showing the location of any buildings and structures located thereon. 2. Submit one copy of a Deposited Reference Plan, to the satisfaction of the City of Pickering, upon completion of Condition 1 above. 3. Ensure that any zoning non-compliances identified through Condition 1 above, resulting from the proposed severance, be brought into compliance. 4. Provide a Solicitor’s Undertaking to the City indicating that: a) The severed parcel being created through LD 04/25 will be conveyed and transferred in the same name as the owner of the abutting property to the west, municipally know as 692 Hillview Crescent; b) The parcels will be consolidated on title (Application Consolidation Parcels) immediately following the registration of the transfer; and c) The City will be provided with a copy of the registered transfer and the Application Consolidation Parcels within 30 days following their registration 5. That the consent be subject to the following periods: • Last day for fulfilling Conditions is April 9, 2027. • Expiry Date of Application LD 04/25 is May 10, 2025. Upon fulfillment of these conditions the applicant must submit a cheque payable to the City of Pickering in the amount of $1,145.00 for the stamping of the deed package, to be prepared and submitted by a lawyer. Clearing Agencies 1. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City Planning Department that Conditions #1 to #4 have been carried out to its satisfaction. -99- Appendix I Page 2 of 2 2. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City Engineering Services Department that the Conditions in Appendix II have been carried out to its satisfaction. 3. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the Regional Planning and Economic Development Department that the Conditions in Appendix III have been carried out to its satisfaction. 4. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by Regional Works Department that the Conditions in Appendix III have been carried out to its satisfaction. 5. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be satisfied that the time periods outlined in Condition #5 have been adhered to. Advisory Comments 1. Once all conditions contained in the Committee's Decision are fully satisfied by the applicant, the applicant’s solicitor must prepare and forward the legal document(s) with the applicable stamping fee to the City of Pickering Committee of Adjustment office, to the attention of the Secretary-Treasurer for review and approval with stamping. The document(s) will be returned to the solicitor for registration purposes. Failing receipt by the Secretary-Treasurer of the Deed Package by the requisite date, the application shall be deemed expired and shall lapse. -100- Memo To: Kerry Yelk March 25, 2025 Planner II From: Paal Helgesen Division Head, Water Resources & Development Services Copy: Manager, Zoning & Administration Supervisor, Development Approvals Subject: Land Division Application LD 04/2025 -B. & M. Marchand -696 Hillview CrescentFile: D-4400 Water Resources & Development Services has reviewed the above application and provide the following conditions: 1.We have reviewed the reference plan (40R-32841) and find it to be acceptable. 2.The applicant will be required to provide an Engineering Review Fee of $1,750.00 for thelot line adjustment. A cheque, payable to the City of Pickering will be required. PH:tj Appendix II -101- If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. The Regional Municipality of Durham Community Growth and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-77111-800-372-1102Email: communitygrowth@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PLE Commissioner of Community Growth and Economic Development March 26, 2025 Kerry Yelk Planner II City Development Department City of Pickering One the Esplanade Pickering, Ontario L1V 6K7 Re: Application for Consent LD 04/25 Regional File No.: LD 027/2025 Applicant: Maria & Ben Marchand Location: 696 Hillview Crescent Municipality: City of Pickering Hearing Date: April 9, 2025 RECOMMENDATION: That application LD 04/25 be approved. PURPOSE The purpose of this application is to sever a 375.6 m2 portion of land (Part 3) to convey it to the abutting land locked property to the west, municipally known as 692 Hillview Crescent, to provide access to Hillview Crescent. A 1,395.0 m2 parcel of land (Parts 2 & 3) is proposed to be retained, with the existing dwelling to remain. REGIONAL OFFICIAL PLAN, PROVINCIAL PLANNING STATEMENT POLICIES, AND PROVINCIAL PLAN REVIEW RESPONSIBILITIES Please be advised effective January 1, 2025, the Region became an upper-tier municipality without planning responsibilities. As such, comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region’s formerly delegated provincial plan review responsibilities fall under the purview of the respective area municipality. Appendix III -102- LD 027/2025 -2- DEPARTMENTAL COMMENTS Regional Works Department The Regional Works Department has reviewed the above noted application and has no objection or conditions to be imposed in connection with the proposed lot line adjustment application. There are no other Regional comments applicable to this application. CONCLUSION The proposed application will allow for the severance of the subject site to convey a parcel of land to the adjacent property to the west. The Region has no objections or concerns with the approval of the proposed application. Yours truly, Madison Mckinlay Madison McKinlay Student Planner & Lauren Raney Lauren Raney Planning Analyst Attachment: 1. Regional Works comments cc: Michelle Rea, Regional Works Department -103- If you require this information in an accessible format, please call 1-800-372-1102 extension 3753. The Regional Municipality of Durham Works Department 605 Rossland Rd. E. Level 5 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 works@durham.ca www.durham.ca Sent Via email March 24, 2025 Planning and Economic Development Regional Municipality of Durham 605 Rossland Road East, 4th Floor P.O. Box 623 Whitby, ON L1N 6A3 RE: File Number: LD 027/2025 (LD 04-25) Maria & Ben Marchand 696 Hillview Crescent Part 3 of Plan 40R-32841 City of Pickering Dear Mr. Trombino, Please be advised that our department has no objection or conditions to be imposed upon the consent to sever a vacant residential parcel of land, retaining a residential parcel of land with an existing dwelling to remain and the consent to permit a lot line adjustment. In the event you have any questions, please contact the undersigned. Sincerely, Michelle Rea Development Approvals Technician Michelle.Rea@durham.ca 905-668-7711 x 3400 -104- Ex h i b i t 2 Su b m i t t e d Re f e r e n c e Pl a n Fi l e N o : LD 04/2 5 Ap p l i c a n t : B. & M . Ma r c h a n d Mu n i c i p a l A d d r e s s : 69 6 H i l l v i e w C r e s c e n 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 : Ma r c h 5, 2 0 2 5 Re t a i n e d Pa r c e l (1, 3 9 5 .0 m2) LD 0 4/2 5 Co n s e n t t o s e v e r a 3 7 5 . 6 s q u a r e m e t r e p o r t i o n o f l a n d (P a r t 3 ) t o c o n v e y i t t o t h e a b u t t i n g p r o p e r t y t o t h e we s t , mu n i c i p a l l y k n o w n a s 6 9 2 H i l l v i e w C r e s c e n t . A 1, 3 9 5 . 0 s q u a r e m e t r e p a r c e l o f l a n d ( P a r t s 2 & 3 ) i s pr o p o s e d t o b e r e t a i n e d . Se v e r e d Pa r c e l (37 5 . 6 m 2) 69 2 H i l l v i e w Cr e s c e n t -106- Ex h i b i t 3 Su b m i t t e d Re f e r e n c e Pl a n Fi l e N o : MV 16 / 2 5 Ap p l i c a n t : B. & M . M a r c h a n d Mu n i c i p a l A d d r e s s : 69 6 H i l l v i e w C r e s c e n 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 : Ma r c h 24 , 2 0 2 5 MV 16 /2 5 69 2 H i l l v i e w Cr e s c e n t to p e r m i t a m i n i m u m fr o n t a g e o f 6 . 0 m e t r e s To b e c o n v e y e d t o 69 2 Hi l l v i e w C r e s c e n t -107- Report to Committee of Adjustment Application Number: LD 05/25 Date: April 9, 2025 From: Deborah Wylie Manager, Zoning & Administration Subject: Committee of Adjustment Applications LD 05/25 W. IqbalBurnside Drive (Plan 40M1603, Block 26) Application The applicant is proposing to sever a 611.9 square metre parcel of land (Part 1) while retaining a 387.3 square metre parcel of land (Parts 2 & 3). The subject lands are presently vacant. The applicant intends to construct new detached dwellings on the severed and retained parcels. Part 4 will be conveyed to the city for a future cul-de-sac. Recommendation Staff have reviewed Consent Application LD 05/25, with respect to Section 51(24) of the Planning Act criteria and request Tabling of the application, to allow the applicant to address the comments identified in the Toronto and Region Conservation Authority (TRCA) memo dated April 2, 2025, to the satisfaction of TRCA (refer to Attachment #1). Background The applicant’s previous consent application (LD 010/18) lapsed as the conditions were not fulfilled prior to February 22, 2019. The applicant resubmitted the same consent application in 2019 (LD 035/19). At the Committee hearing, the applicant requested that LD 035/19 be tabled for up to two years to address TRCA comments and concerns. The application was lifted from the table at the April 19, 2021, Regional Land Division Committee and was conditionally approved. However, the applicant was unable to satisfy all conditions prior to the application expiring. The applicant has now resubmitted the same application and proposal as previously reviewed through Consent Applications LD 010/2018 & LD 035/2019. As a considerable amount of time has passed since the historic application was reviewed and the floodplain mapping has since been updated, TRCA will be treating this proposal as a new application. Furthermore, TRCA recommends deferral to allow the applicant to submit an updated topographic survey, flood study, revised site plan, and finalized architectural drawings for further review. -108- Report LD 05/25 April 9, 2025 Page 2 Date of report: April 3, 2025 Comments prepared by: Original Signed By Original Signed By Ash Roy, B.URPL. Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration KY:AR:jc CityDevDept/D3500/2025/LD 05-25/8. Report/Deferral April 9/LD 05-25 - Deferral.docx Attachments -109- Attachment #1 -110- -111- -112- -113- -114- Exhibit 1 oJ j___,/ '-----j____j l eJ L-J '---1 1./ -I I \ ~ gj II 1111 r [ I I ( I \ \ ffiTI\ () Ci -co -."' >-~o. 11 ~ Finch Avenue ~0 ao "'\ofl v,:..,0-9 ~~ ~ ,-/ § ,,--..., / Ql > ·.:::: 0 3: Ql ·;; .J::. y-:5 0 IQ Cf) - [I ~ - -~ Ql > -\ ·.:::: 0 t-- \ ~ :, t-- 0 () t-- -Subject .J::. ~ t-- Ql -Lands ctl -> 2 ·.:::: -0 Ql - :!2 1/) - E J -:, OJ -1 E_ l\I - - ' --Bainbridge Drive >---" _, c C: Ql >-- Ql () () 1/) -1/) ~ ~ u -u "O -~ Ql ,_ IV -Ql 'E 'E ctl ~ - ctl LL LL f - af:j of Location Map File: LO 05/25 PlCKERlNG Applicant:W. Iqbal Municipal Address:Burnside Drive City Development © The Corporation of the City of Pickering Produced (in part) under license from: Date: Mar. 03, 2025 © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.,© His Majesty the King in Department Right of Canada, Department of Natural Resources. All rights reserved.;© Teranet Enterprises Inc. and its SCALE: 1:2,500 I suppliers. All rights reserved.,© Municipal Property Assessment Corporation and its suppliers. All rights reserved. THIS ISNOTAPLANa= SURVEY. L:\PLANNING\01-MapFiles\LD\2025\LD 05--2025\LD 05-2025.aprx -115- Ex h i b i t 2 Pa r t 4 , t o b e Se v e r e d co n v e y e d f o r Pa r c e l fu t u r e c u l - de -s a c (6 1 1 . 9 s q u a r e me t r e s ) Se v e r e d Pa r c e l (3 8 7 . 3 s q u a r e me t r e s ) Burnside Drive LD 0 5 / 2 5 Co n s e n t t o s e v e r a 6 1 1 . 9 s q u a r e me t r e p a r c e l o f la n d ( P a r t 1 ) w h i l e re t a i n i n g a 38 7 . 3 s q u a r e me t r e p a r c e l o f la n d ( P a r t s 2 & 3 ) Su b m i t t e d D r a f t R e f e r e n c e P l a n Fi l e N o : LD 0 5 /2 5 Ap p l i c a n t : W. I q b a l Mu n i c i p a l A d d r e s s : PL A N 4 0 M 1 6 0 3 B L O C K 2 6 ( B u r n s i d e D r i v 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 : M a r c h 5 , 2 0 2 5 -116-