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Home My WebLink AboutSeptember 22, 2010. . �. , •.- ,. �. , ��_, - M��:��C� ��C � - - , , „ Page Number (I) Adoption of Agenda (II) Adoption of Minutes from September 1, 2010 1-7 (III) Reports 1. P/CA 30/10 — D. Rinneard 8-12 5034 Wixson Street (Lot 6, South Part Lot 7, 8, Plan 12) City of Pickering 2. P/CA 31/10 — 1262847 Ontario Ltd. 13-17 3260 3280 Highway 7 (South Part of Lot 3, Concession 6) City of Pickering 3. P/CA 32/10 — R. & N. Armstrong 18-22 1434 Rougemount Drive (Part of Lot 17, Plan 228, Part 3, 40R-16847) City of Pickering 4. P/CA 33/10 — T. & S. O'Gorman 23-26 537 Mountain Ash Drive (Lot 47 PIan40M-1866) City of Pickering 5. P/CA 34/10 — G. & A. Lomer 179 Thicket Crescent (Lot 54, Plan 40M-1778) City of Pickering (IV) Adjournment 27-30 Accessi ble �_ For information related to accessibility requirements please contact PICKER�NG LesleyDunne T. 905.420.4660, extension 2024 TTY 905.420.1739 Email Id unne@cityofpickering.com -- �,�� — � �� :1�1.��1\C PENDING ADOPTION PRESENT: Kevin Ashe David Johnson — Ghair Susan Kular Eric Newton — Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson Committee of Adjustment Meeting Minutes �1 Wednesday, September 1, 2010 7:00 pm Main Committee Room That the agenda for the Wednesday, September 1, 2010 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Eric Newton Seconded by Susan Kular That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, August 11, 2010 be adopted as amended. CARRIED UNANIMOUSLY ! ;9= �:.,�� —. *_1�� (III) REPORTS (Deferred from the May 19, 2010 meeting) P/CA 15/10 — R. Martin 1131 Ridgewood Court (Lot 52, 40M-1607) City of Pickering Committee of Adjustment Meeting Minutes Wednesday, September 1, 2010 7:00 pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 2864/88 to permit the parking of a commercial vehicle 2.8 metres in height and 7.0 metres in length in the front yard and a parking space to encroach onto a road allowance, whereas the by-law permits a maximum vehicle height of 2.6 metres and a maximum vehicle length of 6.7 metres to be parked in a front yard, and no vehicle parking is to encroach onto any road allowance. The applicant requests approval of this variance in order to obtain zoning compliance. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were received from the City's Development Control Manager indicating the encroachment should not be approved as part of this variance application as the City must maintain the road allowance free of encroachments to protect the cities use of the road allowance and the utilities and services that are placed within it. A neighbourhood petition was also received with 20 signatures indicating no objections to the parking of the truck on the driveway on the subject property. Ricky Martin & Dawn Cutler, owners, were present to represent the application. Ed Cutler of 8 Commonwealth Avenue was present in favour of the application. Ricky Martin & Dawn Cutler explained the driveway is large enough to park the truck and a car in front and there are other commercial vehicles in the surrounding area. Ed Cutler provided photos for the Committee Members to review and indicated there are cars parked on the City boulevard throughout the surrounding neighbourhood. :�_ �`!�'�� _— �} 7� �. �*��1��\�� Moved by Kevin Ashe Seconded by Susan Kular Committee of Adjustment Meeting Minutes Wednesday, September 1, 2010 !13 7:00 pm Main Committee Room That application P/CA 15/10 by R. Martin, be Approved on the ground that the parking of a commercial vehicle 2.8 metres in height and 7.0 metres in length in the front yard and a parking space to encroach onto a road allowance are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Offcial Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the commercial vehicle that is 2.8 metres in height by 7.0 metres in length to be parked in the front yard, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That this variance only applies to the owner of the property at the time of the decision on the application and will become null and void when the ownership of the property is transferred. 3. That no other vehicle is to be parked in front of the commercial vehicle on the municipal road allowance. G� Vote Kevin Ashe in favour David Johnson in favour Susan Kular infavour Eric New[on in favour Keith Wlkinson opposed P/CA 27/10 — N. & P. Daley 240 Twyn Rivers Drive (Lot 33, Con 1 South, Part 16, 40R-4767 and Part 88, 40R-4433) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit side yard widths of 1.5 metres on both sides of the existing dwelling, whereas the by-law requires a minimum side yard width of 1.5 metres on one side and 2.4 metres on the other side. C�� o� Committee of Adjustment ,: , Meeting Minutes Q4 __ � � Wednesday, September 1, 2010 7:00 pm Main Committee Room The applicant requests approval of this variance in order to obtain a building permit to transform the attached garage into living space. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Nelly & Paul Daley, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 27/10 by N. & P. Daley, be Approved on the grounds that the side yard widths of 1.5 metres on both sides of the existing dwelling is a minor variance that is 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 conditions: That the variance applies only to the existing dwelling, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by August 31, 2012, or this decision shall become null and void. CARRIED UNANIMOUSLY 3. P/CA 28/10 — 1585708 Ontario Ltd. 1095 Kingston Road (Lot 25, Con 1 South, Part 1, Part of Part 2& 3, 40R-1860) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4138/92 and 4361/93 to permit a Retail Warehouse Use with a minimum floor area of 2,500 square metres, whereas the by-law requires a minimum floor area of 5,000 square metres. The applicant requests approval of this variance in order to obtain a building permit. °-'�i�� '_- r N �� l�►�N_C�� Committee of Adjustment Meeting Minutes Wednesday, September 1, 2070 �5 7:00 pm Main Committee Room The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's O�ce of Sustainability expressing no objections to reducing the required warehouse size from 5,000 square metres to 2,500 square metres. Written comments were also received from the Toronto and Region Conservation Authority, expressing no objections to the application. Harvey Gefen, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 28/10 by 1585708 Ontario Ltd., be Approved on the grounds that the minimum floor area of 2,500 square metres for a Retail Warehouse Use is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Offcial Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to Unit 4 and 5, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by August 31, 2012, or this decision shall become null and void. CARRIED UNANIMOUSLY 4. P/CA 29/10 - C. Fournier 1510 Finch Avenue (Part Lot 20, Con 2 South, Part 2, 40R-2181) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit an existing flankage side yard width of 4.8 metres to an existing carport, to permit an existing flankage side yard width of 6.5 metres to an existing garage, to permit a rear yard depth of 0.7 metres to an existing carport, to permit a side yard width of 0.9 metres to an existing shed, to permit a lot coverage of 18 percent for all structures on the property and to permit a lot coverage of 7 percent for all accessory structures on the property, whereas the by-law requires a minimum flankage side yard width of 12.0 metres, minimum flankage side yard width of C�� o� Committee of Adjustment ,�, Meeting Minutes e� _ �� Wednesday, September 1, 2010 7:00 pm Main Committee Room 12.0 metres, a minimum setback of 1.0 metres from all lot lines for all accessory structures, a minimum setback of 1.0 metres from all lot lines for all accessory structures, maximum lot coverage of 12.2 percent for all structures and maximum lot coverage of 5 percent for all accessory structures. The applicant requests approval of this variance in order to obtain a building permit to construct a front door on the existing carport. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development DepaRment recommending approval subject to conditions.� Written comments were also received from the Toronto and Region Conservation Authority and the Durham Region Health Department, both expressing no objections to the application. Claude Fournier, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Keith Wilkinson Seconded by Susan Kular That application P/CA 29/10 by C. Fournier, be Approved on the grounds that the existing flankage side yard width of 4.8 metres to an existing carport, an existing flankage side yard width of 6.5 metres to an existing garage, a rear yard depth of 0.7 metres to an existing carport, a side yard width of 0.9 metres to an existing shed, a lot coverage of 18 percent for all structures on the property and a lot coverage of 7 percent for all accessory structures on the property are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the O�bial Plan and the Zoning By-law, subject to the following conditions: 1. That these variances applies only to the existing structures, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by August 31, 2012, or this decision shall become null and void. CARRIED UNANIMOUSLY ;�= �4i�� _ �� _ � ,N __..: �� \�N�� pv) ADJOURNMENT Moved by Eric Newton Seconded by Keith Wlkinson Committee of Adjustment Meeting Minutes Wednesday, September 1, 2010 0 7 7:00 pm Main Committee Room That the 12th meeting of 2010 the Committee of Adjustment be adjourned at 726 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 22, 2010. CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer c""°4 Report to �� _ ' � = Committee of Adjustment I R Application Number: P/CA 30/10 Meeting Date: September 22, 2010 From: Ross Pym, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 30/10 D. Rinneard 5034 Wixson Street (Lot 6, South Part Lot 7, 8 Plan 12) City of Pickering Application: The applicant requests relief from Zoning By-law 3037 to permit a detached garage partially located within a side yard, to permit a front yard depth of 5.8 metres to the � existing dwelling and to permit a front yard porch encroachment of 1.8 metres, whereas the by-law requires accessory structures to be located in the rear yard, a minimum front yard depth of 9.0 metres and a maximum front yard encroachment of 1.5 metres. The applicant requests approval of this variance in order to obtain zoning compliance and a building permit to renovate and extend the existing detached garage. Recommendation: The Planning & Development DepaRment considers the existing detached accessory building partially located in the side yard, a front yard depth of 5.8 metres to an existing dwelling, and an existing 1.8 metre porch encroachment into a front yard to be minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Offcial Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the existing structures, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by September 21, 2012 or this decision shall become null and void. Comment: Official Plan and Zoning By-law Pickering Official Plan — Rural Settlement — Oak Ridges Moraine Rural Hamlet within Claremont Zoning By-law 3037 —"ORM-R5" — Oak Ridges Moraine Village Residential Zone Report P/CA 30/10 Appropriateness of the Application Accessory Structure Located in Side Yard Variance September 22, 2010 Page 2 Q 3 • the intent of the requirement to locate detached accessory structures in the rear yard is to maintain the character of the area • the existing detached garage is mostly located in the rear yard and encroaches less than 2.0 metres into the side yard • the proposed renovations and addition will not worsen the existing condition and will have no adverse impact on the surrounding neighbours • the intent of the zoning by-law would be maintained Front Yard Depth and Encroachment Variance the intent of the minimum front yard depth requirement and maximum encroachment into the front yard is to maintain the character of the area, and provide an appropriate buffer from street activity the front yard depth of 5.8 metres to the existing house and the 1.8 metre porch encroachment are existing situations that have had no adverse impact on the surrounding neighbours the intent of the zoning by-law would be maintained Date of report: September 15, 2010 Comments prepared by: �� -7aa- Isa James, MCIP, RPP Planner II IJ:RP:Id Enclosures � �p✓?A �/c/�v�- Ross Pym, MCIP,RPP Principal Planner, Development Review �a Information Compiled from ApplicanYs Submitted Plan P/CA 30/10 D. 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(:AflACC E#ENSION .... ,... ��\ �., ..�..o .� �w.�. .•ww ,,.�_--_- _. �_ . � -__ m; - w=- _ - ! rnii maP w:: v,w��a cy me ary w caeen�q aa��mq a oe�iovme�� oea�me��. Planning Nlo�ma4on $erviyy CieiSion MappnB an0 Oazign. Aug 31, 2010. �`w °� Report to ' ; - Committee of Adjustment � 13 Application Number: P/CA 31/10 Meeting Date: September 22, 2010 From: Ross Pym, MciP, RPP Principal Planner - Development Review Subject: Committee of Adjustment Application P/CA 31/10 1262847 Ontario Ltd. 3260 3280 Highway 7 (Part of Lot 3, Concession 6) City of Pickering Application: The applicant requests relief from Zoning By-law 3037, as amended by By-law 2623/87 to recognize as a permitted use an existing 375 square metre vehicle repair shop (Meineke Car Care Centre) within a portion of an existing building and to permit the remaining portion (655 square metres) to be used for a foam insulation establiShment with accessory indoor storage, whereas the by-law only permits a vehicle sales or rental establishment as a permitted use. The applicant requests approval of these variances in order to obtain zoning compliance. Recommendation: The Planning & Development Department considers the existing 375 square metre vehicle repair shop to be a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance subject to the conditions listed below, and recommends Refusal to the proposed foam insulation establishment with accessory indoor storage as this variance is not desirable for the appropriate development of the land, not keeping with the general intent and purpose of the Zoning By-law and is considered a major variance. 1. That this variance applies only to the eastern section of the west building (3260 Highway 7), as generally sited and outlined on the applicanYs submitted plans with this application. 2. That only one vehicle repair shop (as a principle use) is permitted on the subject property. Report P/CA 31/10 lY Comment: O�cial Plan and Zoning By-law September 22, 2010 Page 2 Pickering Official Plan —"Rural Settlements — Rural Hamlets — Hamlet Commercial" within the Hamlet of Kinsale Zoning By-law — 3037 as amended by By-law 2623/87 —"CL-CA" Cluster — Vehicle Sales or Rental Establishment Zone Appropriateness of the Application Vehicle Repair Shop Use Variance . the intent of the by-law in specifying permitted uses is to ensure appropriate and desirable uses are permitted within a specific zone • the City's Official Plan — Settlement 9: Kinsale polices recognizes the subject � property as Hamlet Commercial and encourages small-scale commercial enterprises on suitable sites . the Zoning By-law permits a vehicle repair shop accessory to a vehicle sales or rental establishment use . the vehicle repair shop has been operating on the subject property for approximately 6 months . the use proposed for the property is similar, and has a reduced land use impact on the surrounding properties compared to a vehicle sales or rental establishment • the intent and purpose of the Zoning By-law would be maintained • the applicant is advised that if fa�ade modifications are proposed for the building, Site Plan Approval will be a requirement Foam Insulation Establishment Use the Committee of AdjustmenYs jurisdiction under the P/anning Act, upon any application where the use of land, building or structure permitted in the by-law are defined in general terms, may permit the use of any land building or structure for a purpose that in the opinion of the Committee, conforms with the uses permitted in the zoning by-law or is considered a minor variance to the existing permitted uses providing the prescribed tests for a committee of adjustment appliction have been meet the Planning & Development Department is of the opinion that the requested use is outside of the Committee of AdjustmenYs jurisdiction and is not similar to a vehicle sales or rental establishment through a previous Minor Variance Application (P/CA 12/10), the Planning Department was able to support a flooring and carpeting retail establishment on the subject property with the understanding that it consists of a retail Report PlCA 31/10 September 22, 2010 Page 3 1 5 showroom and display area for flooring/carpeting products which was considered similar to a vehicle sales or rental establishment as it also consists of a retail showroom and display • the requested foam insulation establishment use will comprise of a series of off-site contractors regularly leaving the site to provide a business for their clients and will function as a contractors yard • the Planning & Development Department is of the opinion that the requested use does not resembles the retail sales of a product, and a showroom (where the public can enter into a store, view, and purchase an item), but instead will resemble a commercial-industrial use similar to the warehousing of contractor's materials with accessory office and indoor storage • the Committee of Adjustment has no jurisdiction under the P/anning Act to add new uses to the subject property but can vary existing uses if they are a similar land use and the Committee is satisfed that the prescribed tests have been met • the intent of the Zoning By-law would not be maintained • the requested variance is not minor in nature • the applicant's proposal should more appropriately be considered by City Council through an application to amend the zoning by-law Input From Other Sources Public Health Inspector Durham Health Department Date of report: September 15, 2010 Comments prepared by: � �� Ashley rwood . fI AY: RP:Id Enclosures� no objection to the application �ct4A �� RoSS Pym, MCIP, RPP Principal Planner - Development Review � Information Compiled from Applicants Submitted plan PICA 31/10 1262847 Ontario Ltd. a foam builtling �___._ EXISTING OMMERCIAL BUILDIN� �- _�- —1. i � - ++ �_,_-_.� To recognize an existing vehicle repair shop wi�hin a potlion of�he existing bullding � ..— :.f �I i -�� n.� '{ � !� � ! i i I� MEINEKE ' : � � I • � a > :��o ; Q�. ,y _ . w. ,. '=4. N �wi I. -1L HIGHWAY 7 �� ,.. EXISTING � )MMERCIAL , • BUILDING � ' .. ' � „i �� Tm: m.v.as prm��ea ey ine cay m ai�en�e via��mq a oe�eiopmam oeoanmem. aia��me i�a�auoo ser�ire: a��mo� mappmq a�a �e:�s�, see�. z zaio. <«v ^� Report to 1� ' ; Committee of Adjustment Application Number: P/CA 32/10 Meeting Date: September 22, 2010 FroRI: ROSS Pyf1l, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 32/10 R. & N. Armstrong 1434 Rougemount Drive (Part of Lot 17, Plan 228, Part 3, 40R-16847) City of Pickering Application: The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912/88 to permit a proposed attached private garage to extend a maximum of 9.6 metres beyond the front wall of an existing dwelling, whereas the by-law does not permit any attached private garage to eMend more than 2.0 metres beyond the front wall of the dwelling. The applicant requests approval of this variance in order to obtain a building permit. Recommendation: The Planning & Development Department considers the 9.6 metre private garage eutension beyond the front wall of the existing dwelling to be a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance applies only to the proposed private garage extension, as generally sited and outlined on the applicant's submitted plans with this application that includes the garage doors perpendicular to the front lot line and a residential fa�ade on the wall facing the street. 2. That the�applicant obtains a building permit for the proposed construction by September 22, 2012, or this decision shall become null and void. 3. That the applicant ensures that living space above the garage (with contiguous access into the existing building) is provided as part of its construction or this decision shall become null and void. Report P/CA 32/10 Comment: Official Plan and Zoning By-law September 22, 2010 Page 2 19 Pickering Official Plan —"Urban Residential — Low Density Area" within the Rougemount Neighbourhood Zoning By-law — 3036 as amended by By-law 2912/88 —"R3" — Single Residential Zone Appropriateness of the Application • the intent of the maximum 2.0 metre garage projection requirement is to encourage a style of development on the subject properties which is similar and compatible with existing development on Rougemount Drive by preventing the establishment of an attached garage signifcantly projecting beyond the front of the dwelling . the intent is also to maintain adequate buffer space between structures on a property and street activity, as well as avoiding adverse impact on the streetscape • dwellings along Rougemount Drive generally consists of a variety of custom built homes on large lots • the applicant has proposed an addition which consists of living space above the garage, accessible from the existing building • the proposed orientation of the garage doors in addition to residential floor space above the garage will blend in with the original building • proposed windows facing Rougemount Drive will also minimize the appearance of an eMended garage projection • the subject property is heavily vegetated which screens out surrounding neighbours • the intent of the zoning by-law would be maintained Date of report: September 15, 2010 Comments prepared by: � shle nvood P anner I AY:RP:Id Enclosurese Ross�� C�P, RPP Principal Planner — Development Review 2� Information Compiled from Applicants . Z 3 Submitted plan P/CA 32/10 R. & N. Armstrong F� W i � 0 � z � 0 � w c9 � O � � m�: map wa: prm��ea ey me c�ry m amke,mq Pia��mq a oe�eiovmem oeva�em, Planning Inlwmatim Services tlielson Mapping and �esign, $apt $ 4�ID. Z 2 Information Compiled from Applicants Submitted plan P/CA 32N 0 R. & N. Armstrong � .� - — - :I �,_ �Y m � ' \' I I �� ' \� _� � ' �.. m �� , � � _: . ��` '. i.��, �. � -� �fTTI,��`I�nn' �> 1Tf��T' s Fao�. - � ; -- i =__ � j�� i i '� �--- � �� I / � -- � ; � -- � ' \ �� 0000 ❑000 � � � � �� i �---- �- --' -_— ---- s�oE i � lMS map was pMUceO by Ne Li�y W Plckanng Planning d Oemlopmen� Oepa�menl, Planning Inlwmatim $ervias tlrvison MapOing antl �e5ign, Sept 4. 3010. �u� �� Report to ' ; Committee of Adjustment I Application Number: P/CA 33/10 z 3 Meeting Date:September22,2010 From: Ross Pym, MCiP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 33/10 T. & S. O'Gorman 537 Mountain Ash Drive (Lot 47 Plan 40M-1866) . City of Pickering Application: The applicant requests relief from Zoning By-law 2511 to permit two accessory structures located within a side yard, whereas the by-law requires accessory structures to be located in the rear yard. The applicant requests approval of this variance in order to construct two small sheds adjacent to the side wall of the house. Recommendation: The Planning & Development Department considers the proposed accessory buildings located in the side yard to be a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following condition: 1. That this variance apply only to the proposed structures, as generally sited and outlined on tFie applicant's plans submitted with this application. Comment: O�cial Plan and Zoning By-law Pickering Official Plan — Urban Residential Area — Low Density Area within the Rosebank Neighbourhood Zoning By-law 2511 as amended by 4622/95 —"R4-6" — Single Detached Dwelling ZY Report P/CA 33/10 Appropriateness of the Application September 22, 2010 Page 2 • the intent of the requirement to locate detached accessory structures in the side yard is to maintain the character of the area and ensure adequate access between the front yard and the rear yard of the lot • the proposed sheds would be located a minimum of 1.0 metre from the property line • the proposed sheds would not obstruct access between the front and rear yards and being low in height would have no adverse impact on the surrounding neighbours or character of the neighbourhood • the intent of the zoning by-law would be maintained Input from other Sources Supervisor, Building Permits Date of report: September 15, 2010 Comments prepared by: � K-ti^-¢n, Isa Ja � s, MCIP, RPP Planner II IJ: RP:Id u.�.ao,a��.,oe� Enclosures • the accessory structures will require a building permit if attached to the main dwelling or if greater than 10 square metres in area 1�0�� Ross Pym, MCIP, RPP Principal Planner, Development Review 25 ,�, 6 Information Compiled from ApplicanYs Submitted Plan P/CA 33N 0 T. 8 S. O'Gorman W % � � _ � Q Z �"' z � � � �� mi: mao •a: paawa W m. cay a aiaan�q va�m�a a o�.wp�am ow�mem, Plennmp IMOimelan Senkes ONiam MapP^R arM Ceepn, Pu031, 3010. C«y o� Report to ' ; Committee of Adjustment 27 I RI Application Number: P/CA 34/10 Meeting Date: September 22, 2010 From: Ross Pym, nnaa, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 34/10 G. 8 A. Lomer 179 Thicket Crescent (Lot 54, Plan 40M-1778) City of Pickering Application: The applicants request relief from Zoning By-law 3036, as amended by By-law 4271/93 to permit a 0.3 metre side yard width to an existing gazebo and 0.5 metre side yard width to an existing shed, whereas the by-law requires a minimum side yard width of 1.0 metre for all accessory structures. The applicants request approval of this variance in order to obtain zoning compliance. Recommendation: The Planning & Development Department considers the 0.3 metre and 0.5 metre side yard width to an existing rear yard gazebo and shed to be minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Offcial Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances applies only to the existing gazebo and shed, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That the applicant provides a gutter and ensures that rainwater runoff from the gazebo and shed roof is contained on the subject property. 3. That the applicant contacts the Planning & Development Department to arrange for an inspection of the gazebo and to confirm that the requirements of condition 2 have been satisfied by March 22, 2011 or this decision shall become null and void. Zg Report.P/CA 34/10 Comment: Official Plan and Zoning By-law September 22, 2010 Page 2 Pickering Offcial Plan –"Urban Residential – Low Density Area" within the Highbush Neighbourhood Zoning By-law – 3036 as amended by By-law 4271/93 –"S4-ES" – Single Residential Zone Appropriateness of the Application Accessory Structure Setback Variances . the intent of the zoning by-law in requiring accessory structures to provide a minimum 1.0 metre setback from lot lines is to ensure that adequate space is available for maintenance, to ensure that the eaves/overhangs do not encroach on the adjacent propeRies, ensure roof drainage stays on the �subject property, and to minimize the visual impact that their location may have on adjacent properties • both structures currently exist on the subject property . the gazebo is opened underneath the roof, which provides an opportunity to maintain the westerly side yard belween the existing fence . the existing 0.5 metre side yard width from the existing shed also provides an opportunity to maintain the westerly side yard belween the existing fence . the accessory structures does not create a visual distraction as it is screened by surrounding vegetation and fence found on the subjed property . the intent of the zoning by-law would be maintained Date of report: September 15, 2010 � Com ts prepared by: til�_ Ashley Y nvood I AY:RP:Id — Enclosures �� Ros�� mM C��P Principal Planner– Development Review z3 3 _1 Information Compiled from Applicants Submitted plan P/CA 34/10 G. & A. 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