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HomeMy WebLinkAboutAugust 13, 2025 Committee of Adjustment Agenda Hearing Number: 8 Date: Wednesday, August 13, 2025 pickering.ca Agenda Committee of Adjustment Wednesday, August 13, 2025 7:00 pm Electronic Hearing Members of the public may observe the hearing by viewing the livestream. Members of the public looking to provide a verbal delegation to Committee Members may do so through a virtual connection into the hearing. For more information, and to register to participate please visit pickering.ca/committeeofadjustment and complete the online participation form or email citydev@pickering.ca. Page Number 1.Disclosure of Interest 2.Adoption of Agenda 3.Adoption of Minutes from July 9, 2025 hearing 1-9 4.Reports 4.1 (Tabled at the October 9, 2024 Committee of Adjustment hearing) MV 60/24 – 1238 Bayview Street 10-17 4.2 MV 43/25 – 1883 Fifth Concession Road 18-24 4.3 MV 44/25 – 1053 Purus Path 25-31 5.Adjournment For information related to accessibility requirements please contact: Secretary-Treasurer or Assistant Secretary-Treasurer Telephone: 905.420.4617 Email: citydev@pickering.ca Committee of Adjustment Draft Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 1 of 9 Pending Adoption Present Omar Ha-Redeye Denise Rundle – Vice-Chair Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Jasmine Correia, Assistant Secretary-Treasurer Nilissa Reynolds, Assistant Secretary-Treasurer – Host 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, July 9, 2025, hearing be adopted. Carried Unanimously 3.Adoption of Minutes Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That the minutes of the 6th hearing of the Committee of Adjustment held Wednesday, June 11, 2025, be adopted. Carried Unanimously -1- Committee of Adjustment Draft Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 2 of 9 4. Minor Variance Reports 4.1 MV 38/25 H. & L. Henry 258 Hoover Drive The applicant requests relief from Zoning By-law 8149/24 to permit: • a minimum rear yard setback of 5.2 metres, whereas the By-law permits a minimum of 7.5 metres; and • a maximum lot coverage of 38.7 percent, whereas the By-law permits a maximum of 38 percent. The applicant requests approval of this minor variance application to obtain a building permit to construct a one-storey unheated sunroom addition to the existing dwelling. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Sections, and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant identified that due to physical and technical constraints on the site, constructing the sunroom without the requested variances would result in unreasonable dimensions. A minor variance is therefore required to facilitate the construction of a functional sunroom addition. Syed Ahmed, agent, was 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 38/25 by H. & L. Henry, 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 sunroom addition, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, date July 9, 2025). Carried Unanimously -2- Committee of Adjustment Draft Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 3 of 9 4.2 MV 39/25 S. & P. Furnell 5026 William Street The applicant requests relief from Zoning By-law 8149/24, to permit: • a maximum lot coverage of 16.0 percent, whereas the By-law requires a maximum lot coverage of 10.0 percent; and • a minimum (south) side yard setback of 2.1 metres and a minimum (north) side yard of 1.85 metres, whereas the By-law requires a minimum side yard setback of 3.0 metres on both sides. The applicant requests approval of this minor variance application to obtain a building permit to construct a two-storey addition to an existing detached dwelling. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services, the Toronto and Region Conservation Area (TRCA), and four area residents. In support of the application, the applicant identified that the application is required to provide additional living space for extended family. The current lot coverage is about 13.5 percent. Sherene Furnell, applicant, was present to represent the application. One area resident was present to speak on the application. The applicant stated the following in support of the application: the proposed application is similar to other homes on the west side of the street; the property will remain a detached single-family dwelling; the property is affected by two different zoning areas; and they are proposing to follow the existing floorplan. An area resident stated the following on the application: no objections to the proposal; concerns over the removal of large existing trees, resulting lack of shade. In response to the neighbour’s concerns the applicant confirmed one of the trees will be removed and one may be affected during construction, however they plan on replacing any trees affected. In response to a question from a Committee member, the applicant stated they are unsure whether one of the trees is a boundary tree. The Secretary-Treasurer confirmed there is not a tree by-law for private trees. -3- Committee of Adjustment Draft Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 4 of 9 Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That application MV 39/25 by S. & P. Furnell, 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 Bylaw, subject to the following conditions: 1. That these variances apply only to the proposed addition, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9 & 10 contained in the staff report to the Committee of Adjustment, dated July 9, 2025). 2. That the applicant takes measures during construction to preserve the trees in the north side yard. Trees impacted by the construction are to be replaced by the applicant to the satisfaction of the City Development Department. Carried Unanimously 4.3 MV 40/25 M. Boutet 1492 Rougemount Drive The applicant requests relief from Zoning By-law 8149/24, to permit a maximum accessory structure (garage) height of 5.1 metres, whereas the By-law requires a maximum height of 4.5 metres. The applicant requests approval of this minor variance application to construct a detached two storey garage. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services, and five area residents. In support of the application, the applicant identified that the height increase is proposed to accommodate the installation of a car lift and to provide additional ceiling height for a larger hobby studio. Marc Boutet, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee member, the applicant confirmed that the car lift will be used for personal use only. Moved by Omar Ha-Redeye Seconded by Denise Rundle -4- Committee of Adjustment Draft Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 5 of 9 That application MV 40/25 by M. Boutet, 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 two-storey detached garage located within the rear yard, as outlined and sited on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5 contained in the staff report to the Committee of Adjustment, dated July 9, 2025). Carried Unanimously 4.4 MV 41/25 S. Vaz 1315 Broadview Street The applicant requests relief from Zoning By-law 8149/24, to permit: • a total of three parking spaces, whereas the By-law requires a total of four parking spaces; and • a maximum driveway width of 9.25 metres, whereas the By-law requires a maximum driveway width of 6.0 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct an Additional Dwelling Unit. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services, and 11 area residents. In support of the application, the applicant identified that the R1E zone allows for two ADUs in addition to the principal unit but requires a driveway widening to accommodate the required parking spaces. Currently, two dwelling units exist with a third dwelling unit proposed. Stuart Vaz and Savio Vaz, applicants, were present to represent the application. Three area residents were present in objection to the application. An area resident stated the following concerns in objection to the application: no proper sewage drain; lower property value; violent tenants; no proper storage for garbage resulting in pests; and the property is poorly maintained. An area resident stated the following concerns in objection to the application: echoed the previous comments; and experienced multiple disturbances due to the Airbnb and rental tenants. -5- Committee of Adjustment Draft Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 6 of 9 An area resident stated the following in objection to the application: echoed the previous comments; and this proposal is not in keeping with the character of the neighbourhood. In response to neighbour comments the applicants stated the following: the Airbnb is no longer active; they are vetting tenants better than in the past; the zoning on the property allows for three dwellings; there is a property on Annland Street of this nature; there was a well in the backyard that was decommissioned, they are working to get a survey done of the property to find a better solution for the drainage issues; and a sealed container was built to house the garbage bins. In response to a question from a Committee member, the applicant stated he would agree to the condition that the property is not used for short-term rentals. A Committee member directed neighbours to contact the City regarding concerns with property standards and Engineering issues. In response to questions from a Committee member the applicant clarified that the property line bisects the driveway, therefore they are not allowed to consider the apron spaces as legal parking spaces. They cannot use the paved driveway on the west side of the property as they are required to provide a pathway for residents. A Committee member referred to a statement made by the Ontario Land Tribunal (OLT) in a decision rendered in 2024: “a variance is a privilege and not a right, and a variance will not be approved if it fails to meet all four tests”. Current or previous short-term rentals do not automatically validate or support a variance application. There are several ongoing historical planning issues with this property. A Committee member commented that the Planning staff report supports the proposal. The driveway will only be extended by an extra 2.5 feet, which will keep the tenants from parking on the road. A Committee member commented that while the By-law allows the applicant to have three dwellings, there are requirements in place to regulate the dwellings. The impact of the extended driveway width is considerable and not compatible with the existing character of the neighbourhood. A Committee member commented that Engineering services require permeable pavers to assist in drainage. A Committee member referred to an OLT decision stating “it is routine for Committee of Adjustment to receive recommendations from City staff and not follow those recommendations, especially where there is significant public input and that input may not have been available to City staff at the time of recommendation”. The question is whether this will exacerbate the existing parking situation on the street, and/or other planning issues raised by residents. -6- Committee of Adjustment Draft Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 7 of 9 Moved by Rick Van Andel That application MV 41/25 by S. Vaz, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following condition: 1. That these variances apply only to the proposed addition, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated July 9, 2025). Motion Lost Moved by Omar Ha-Redeye Seconded by Denise Rundle That application MV 41/25 by S. Vaz, 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 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 5. Consent Reports 5.1 (Tabled at the July 10, 2025, Land Division Committee meeting) LD 045/2023 M. Adham 198 Twyn Rivers Drive Moved by Omar Ha-Redeye Seconded by Rick Van Andel That application LD 045/2023 be lifted from the table. Carried Unanimously -7- Committee of Adjustment Draft Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 8 of 9 The applicant proposes to sever a 731.7 square metre residential parcel of land, retaining a 732.51 square metre residential parcel of land. An existing dwelling and detached garage are to be demolished. The applicant intends to construct a new detached dwelling on each of the severed and retained parcels. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, Durham Region Planning and Economic Development and the Toronto and Region Conservation Area (TRCA). Adham Mousa Khaled, applicant, and Loloa Alkasawat, agent, were 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 045/2023 by M. Adham, be Tabled for up to two years to allow the applicant to address the comments identified in the Toronto and Region Conservation Authority (TRCA) memo dated June 19, 2025, to the satisfaction of TRCA (refer to Attachment #1 contained in the staff report to the Committee of Adjustment, dated July 9, 2025). Carried Unanimously -8- Committee of Adjustment Draft Hearing Minutes Wednesday, July 9, 2025 7:00 pm Electronic Hearing Page 9 of 9 6. Adjournment Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the 7th hearing of the 2025 Committee of Adjustment be adjourned at 8:22 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 www.youtube.com/@CityPickering -9- Report to Committee of Adjustment Application Number: MV 60/24 Date: August 13, 2025 From: Isabel Lima Principal Planner, Development Review Subject: (Tabled at the October 9, 2024 Committee of Adjustment hearing) Minor Variance Application MV 60/24 100117575 Ontario Inc. 1238 Bayview Street Application The applicant requests relief from Zoning By-law 8149/24, to permit: • a minimum flankage side yard width of 1.5 metres, whereas the By-law requires a minimum flankage side yard width of 2.7 metres; • a minimum rear yard depth of 7.0 metres, whereas the By-law requires a minimum rear yard depth of 7.5 metres; • a maximum lot coverage of 49.5 percent, whereas the By-law requires a maximum lot coverage of 45 percent; and • a maximum building height of 9.0 metres, whereas the By-law requires a maximum building height of 7.5 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct a two-storey detached dwelling. Recommendation The City Development Department recommends Deferral of Minor Variance Application MV 60/24, to allow the applicant to address the comments identified in the Toronto and Region Conservation Authority (TRCA) memo dated August 6, 2025, to the satisfaction of the TRCA (refer to Attachment 1). Background On October 9, 2024, the Committee of Adjustment considered Land Division Application LD 15/24, along with the associated Minor Variance Applications MV 60/24 and MV 61/24. The applicant proposed to sever the existing lot for one additional residential lot. At the Committee hearing, the applicant requested that LD 15/24, MV 60/24 & MV 61/24 be tabled due to revisions to their initial proposal. -10- Report MV 60/24 August 13, 2025 Page 2 In July 2025, the applicant withdrew the tabled Land Division Application LD 15/24 and Minor Variance Application MV 61/24 due to revisions to the proposal. The applicant wishes to proceed with the construction of one detached residential dwelling on the lot. The subject property is located within TRCA Regulatory Area. The TRCA was circulated the revised proposal through Minor Variance Application MV 60/24 and has requested a deferral of the application to complete a thorough review of the proposed development. Date of report: August 7, 2025 Comments prepared by: Kerry Yelk Isabel Lima Planner II Principal Planner, Development Review KY:jc /CityDevDept/D3500/2024/LD 15-24, MV 60-24 & MV 61-24/8. Report/August 13 Report/MV 60-25 Tabling.docx Attachments Original Signed By Original Signed By -11- Attachment 1 -12- -13- -14- -15- -16- Browning Avenue Commerce Street Fa i r v i e w A v e n u e Fr o n t R o a d Do u g l a s A v e n u e Bayview Street ProgressFrenchman'sBay East Park Location MapFile:Applicant:Municipal Address: MV 60/24 Date: July 24, 2025 ¯ E 1000117575 Ontario Inc.1238 Bayview Street SubjectLands L:\PLANNING\01-MapFiles\LD\2024\LD 15-24, MV 60-24 & MV 61-24 1000117575 Ontario Inc\LD 15-24, MV 60-24 & MV 61-24_LocationMap.mxd 1:2,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Exhibit 1 -17- Report to Committee of Adjustment Application Numbers: MV 43/25 & MV 45/25 Date: August 13, 2025 From: Isabel Lima Principal Planner Subject: Minor Variance Applications MV 43/25 & MV 45/25 Paradise Developments Brock Road Seaton Inc. 1885 & 1887 Fifth Concession Road Applications MV 43/25 – 1885 Fifth Concession Road The applicant requests relief from Zoning By-law 8149/24, to permit a minimum lot area of 111.3 square metres, whereas the By-law permits a minimum lot area of 140 square metres. MV 45/25 – 1887 Fifth Concession Road The applicant requests relief from Zoning By-law 8149/24, to permit a minimum lot area of 112.1 square metres, whereas the By-law permits a minimum lot area of 140 square metres. The applicant requests approval of these minor variance applications to obtain building permits to construct lane-based townhouses on two Lots in Block 249, as identified in Plan 40M-275. Recommendation For your information, and based solely on the applications and supporting documentation filed by the applicant, the City Development Department has reviewed the applications with respect to Section 45(1) of the Planning Act and considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law. After considering all public and agency input, should the Committee find merit in these applications, the following condition is recommended: 1. That these variances apply only to the proposed lane-based townhouses, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). Background The originally approved Site Plan for the subject properties, stamped January 30, 2024, indicated Zoning Approval; however, the lots did not meet the minimum lot area requirements at that time. A subsequent zoning review conducted in June 2025, based on the as-built conditions, confirmed this deficiency. As a result, minor variances are now required to recognize and accommodate the reduced lot area of the as-built lots. -18- Report MV 43/25 & MV 45/25 August 13, 2025 Page 2 Comment Conforms to the Intent and Purpose of the Official Plan As of January 1, 2025, following changes made by Bill 23, applicable parts of the Durham Regional Official Plan are now deemed to be part of Pickering’s Official Plan. Under the Regional Plan, the subject properties are designated “Urban System – Community Areas”. This designation permits a wide range of uses, including residential. The Pickering Official Plan designates the subject properties as “Urban Residential Areas – Low Density Area”, which are intended to accommodate residential uses. 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 properties are zoned “SLD1T” – Seaton Low Density Type 1 Townhouse under Zoning By-law 8149/24, which permits townhouses. The intent of the minimum lot area requirement of 140 square metres is to ensure that each lot provides a usable and functional space that is compatible with the surrounding neighbourhood. The existing subject properties, as constructed, have lot areas of 111.3 square metres and 112.1 square metres, which are smaller than the adjacent lots. However, the applicant has demonstrated that lane-based townhouse units can be appropriately sited on both lots. The proposed development is not expected to result in any negative impacts on the surrounding properties and will not alter the character of the neighbourhood. Staff is of the opinion that the requested variances maintain the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variances will facilitate the development of the subject properties with lane- based townhouse units, which are consistent with the evolving built form of the area. The subject lots, having areas of approximately 111.3 square metres and 112.1 square metres, are compatible with the established and future residential lot fabric in the neighbourhood. The variances will enable development that is in keeping with the character of the area and will not result in any adverse impacts on adjacent properties. Staff is of the opinion that the requested variances are desirable for the appropriate development of the land and are minor in nature. -19- Report MV 43/25 & MV 45/25 August 13, 2025 Page 3 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. Engineering Services •No comments. Durham Region Community Growth and Economic Development •No comments. Building Services •No comments. Fire Department •No comments. Public Input •No written submissions have been received from the public as of the date of writing this report. Date of report: August 5, 2025 Comments prepared by: Ash Roy Isabel Lima Planner I Principal Planner AR:jc /CityDevDept/D3700/2025/MV 43-25 & MV 45-25/7. Report/Report MV 43-25 & MV 45-25.docx Attachments Original Signed By Original Signed By -20- Exhibit 1 Subject Lands \ Fifth Concession Road ~. ----11• I \ 1r - l I ") /i \ Raspberry Mews \ 111111 ) I I Gloxinia Street •II... \ ·- \ \ I Q) I :::J C Q) > <O <( ' "r .... I Q) cu C U) -Q) Ol 11:l C i:o .N cu Ill I .A Floribunda Gardens I i IV Irish Moss Square I ~ 04J 6f Location Map File: MV 43/25 & MV 45/25 PlCKERlNG Applicant: Paradise Developments Brock Road Seaton Inc. Municipal Address: 1885 & 1887 Fifth Concession Road © The Corporation of the City of Pickering Produced (in part) under license from: Date: Jul. 18, 2025 City Development © 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 ISNOTAPLANOFSURVEY. l:\PLANNING\01-MapFIles\MV\2025\MV 43-25 & 45-25\MV 43-25 & MV 45-25\MV 43-25 & MV 45-25.aprx -21- Exhibit 2 Submitted Site Plan File No: MV 43/25 & MV 45/25 Applicant: Paradise Developments Brock Road Seaton Inc. Municipal Address: 1885 & 1887 Fifth Concession Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: July 18, 2025 to permit a minimum lot area of 111.3 square metres to permit a minimum lot area of 112.1 square metres 1885 Fifth Concession Rd 1887 Fifth Concession Rd -22- Ex h i b i t 3 Su b m i t t e d W e s t a n d N o r t h E l e v a t i o n P l a n s Fi l e N o : M V 4 3 / 2 5 & M V 4 5 / 2 5 Ap p l i c a n t : P a r a d i s e D e v e l o p m e n t s B r o c k R o a d S e a t o n I n c . Mu n i c i p a l A d d r e s s : 1 8 8 5 & 1 8 8 7 F i f t h C o n c e s s i o n R oa 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 : J u l y 2 9 , 2 0 2 5 -23- Ex h i b i t 4 Su b m i t t e d E a s t a n d S o u t h E l e v a t i o n P l a n s Fi l e N o : M V 4 3 / 2 5 & M V 4 5 / 2 5 Ap p l i c a n t : P a r a d i s e D e v e l o p m e n t s B r o c k R o a d S e a t o n I n c . Mu n i c i p a l A d d r e s s : 1 8 8 5 & 1 8 8 7 F i f t h C o n c e s s i o n R oa 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 : J u l y 2 9 , 2 0 2 5 -24- Report to Committee of Adjustment Application Number: MV 44/25 Date: August 13, 2025 From: Isabel Lima Principal Planner, Development Review Subject: Minor Variance Application MV 44/25 N. Rajanathan & T. Nimalan 1053 Purus Path Application The applicant requests relief from Zoning By-law 8149/24 to permit a deck to encroach into the required rear yard to a maximum of 3.0 metres, whereas the By-law permits a deck to encroach into a required rear yard to a maximum of 2.0 metres. The applicant requests approval of this minor variance application to obtain a building permit for an existing deck in the rear yard. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and considers the requested 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 existing deck, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). Background In September 2023, the applicant submitted a building permit application to the City for the construction of a sunroom addition on the subject property. In May 2025, the City’s Building Services Department discovered that the applicant had constructed a covered deck on the subject property without notifying the City, and that the deck did not comply with the originally approved building permit drawings for the sunroom. Building Services issued a Stop Work Order and requested the applicant to revise the original building permit application to recognize the existing deck. Through the review of the revised application, it was determined that a portion of the deck did not comply with the setback requirement in the Zoning By-law. As such, the applicant requires approval of this minor variance application to obtain the building permit and legalize the existing deck. -25- Report MV 44/25 August 13, 2025 Page 2 Comment Conforms to the Intent and Purpose of the Official Plan As of January 1, 2025, following changes made by Bill 23, applicable parts of the Durham Regional Official Plan are now deemed to be part of Pickering’s Official Plan. Under the Regional Plan, the subject property is designated “Urban System – Community Areas”. This designation permits a wide range of uses, including residential. The Pickering Official Plan designates the subject property as “Urban Residential Areas – Low Density Area”. Lands within this designation are intended to accommodate residential uses including detached dwellings. Decks are common accessory structures within residential areas. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. Conforms to the Intent and Purpose of the Zoning By-law The subject property is zoned “SLD1” – Seaton Low Density Type 1 under Zoning By-law 8149/24. The intent of the by-law provision to permit a maximum deck encroachment of 2.0 metres into the required rear yard is to ensure that usable space is maintained for amenity purposes and soft landscaping. A small portion of the existing deck extends 3.0 metres into the required rear yard; however, the majority of the deck complies with the maximum permitted encroachment. The deck contributes to the functional amenity space within the rear yard and provides covered outdoor space that can be used throughout the different seasons. As illustrated on the applicant’s submitted plans, sufficient space is provided to the south of the deck for soft landscaping and other outdoor activities. Staff is of the opinion that the 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 deck is designed as a walkout extension from the ground floor of the principal dwelling, which provides grade-level access to the rear yard through an uncovered staircase. The encroachment maintains sufficient separation from the lot line and is consistent with similar encroachments in the area. The deck is not expected to create any significant visual or functional impact on adjacent properties or alter the overall character of the neighbourhood. Staff is of the opinion that the requested variance is desirable for the appropriate development of the land and is minor in nature. -26- Report MV 44/25 August 13, 2025 Page 3 Input From Other Sources Applicant •No comments. Engineering Services •Ensure the increased lot coverage area andreduced rear yard setback (if approved withthis application) does not adversely affectthe drainage patterns within the lot andsurrounding area. Durham Region Community Growth and Economic Development •No comments. Building Services •Construction not in accordance with thepreviously approved issued permit23-003134 BH (permit remains open).A revision to the permit was requested asa result of these unauthorized changes.No further construction is permitted until theCommittee has made a decision and therevised permit is issued. Fire Department •No comments. Public Input •No written submissions have been receivedfrom the public as of the date of writing thisreport. Date of report: August 6, 2025 Comments prepared by: Zoning Technician Principal Planner, Development Review FP:nr /CityDevDept/D3700/2025/MV 44-25/7. Report/MV 44-25 Report.docx Attachments Original Signed By Original Signed By Figo Pham Isabel Lima -27- -04;6/- PlCKERlNG City Development Department l:\PLANNING\01-MapFiles\MV\2025\MV 44-25\MV 44-25\MV 44-25.aprx Location Ma File: MV 44/25 Munici al Address: 1053 Purus Path © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.;© His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.;© Teranet Enterprises Inc. and its suppliers. All rights reserved.;© Municipal Property Assessment Corporation and its suppliers. All rights reserved. Exhibit 1 Date: Jul. 15, 2025 SCALE: 1:2,500 THIS ISNOTAPLANOFSURVEY. -28- Ex h i b i t 2 Su b m i t t e d S i t e P l a n Fi l e N o : MV 44 /2 5 Ap p l i c a n t : N . R a j a n a t h a n & T . N i m a l a n Mu n i c i p a l A d d r e s s : 1 0 5 3 P u r u s P a t h 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 : J u l y 2 5 , 2 0 2 5 to p e r m i t a d e c k t o e n c r o a c h i n t o t h e r e q u i r e d re a r y a r d t o a m a x i m u m o f 3 .0 m e t r e s -29- Ex h i b i t 3 Su b m i t t e d D e c k E l e v a t i o n P l a n Fi l e N o : MV 44 /2 5 Ap p l i c a n t : N . R a j a n a t h a n & T . N i m a l a n Mu n i c i p a l A d d r e s s : 1 0 5 3 P u r u s P a t h 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 : J u l y 2 5 , 2 0 2 5 -30- Ex h i b i t 4 Su b m i t t e d D e c k E l e v a t i o n P l a n Fi l e N o : MV 44 /2 5 Ap p l i c a n t : N. R a j a n a t h a n & T . N i m a l a n Mu n i c i p a l A d d r e s s : 10 5 3 P u r u s P a t h 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 : J u l y 2 5 , 2 0 2 5 -31-