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Home My WebLink AboutApril 13, 2011• �TTiTTi �i - - � �_' ►� Committee of Adjustment Agenda Wednesday, April 13, 2011 7:00 pm Main Committee Room (I) (II) Adoption of Agenda Adoption of Minutes from March 23, 2011 (III) Reports 1. (Deferred at the March 2, 2011 meeting) P/CA 10/11 — T. Kerr 1731 Spruce Mill Road (Part Lot 30, Plan 820, Part 1, 40R-9425) City of Pickering 2. P/CA 11/11 — N. Williams 1614 Burnside Drive (Lot 10, 40M-1603) City of Pickering 3. P/CA 12/11 — H. Kok 673 Front Road (Part Lot 4, Bock E, Plan 65) City of Pickering (IV) Adjournment Page Number 1-5 6-12 13-16 17-20 Accessible For information related to accessibility requirements please contact + Lesley Dunne P I C K E F�� G T. 905.420.4660, extension 2024 TTY 905.420.1739 Email Idunne@cityofpickering.com Pending Adoption Present: Tom Copeland David Johnson Bill Utton Shirley Van Steen Also Present: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Mila Yeung, Assistant Secretary-Treasurer Absent: Eric Newton (I) Adoption of Aqenda Moved by Bill Utton Seconded by Shirley Van Steen Committee of Adjustment Meeting Minutes Wednesday, March 23, 2011 7:00 pm � 1 Main Committee Room That the agenda for the Wednesday, March 23, 2011 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Bill Utton Seconded by Tom Copeland That the minutes of the 3�d meeting of the Committee of Adjustment held Wednesday, March 2, 2011 be adopted. Carried 1 � �� o¢� (III) Reports Committee of Adjustment Meeting Minutes Wednesday, March 23, 2011 7:00 pm Main Committee Room 1. P/CA 07/11 & P/CA 08/11 — W. Jeschke 1449 Old Forest Road (Part Lot 59, Lot 60, Plan 816, Part 1, 40R-7048 City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a lot frontage of 14.7 metres (P/CA 07/11) and a lot frontage of 14.8 metres (P/CA 08/11), whereas the by-law requires a minimum lot frontage of 15.0 metres. The applicant requests approval of these variances in order to finalize a land severance application and to obtain building permits. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no comments. Wilhelm Jeschke, owner, and Joe Hughes, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 07/11 & P/CA 08/11 by W. Jeschke, be Approved on the grounds that the lot frontage of 14.7 metres and 14.8 metres are minor variances that are 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: 1. That these variances apply only to the proposed severed properties, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That the owner receives final approval for land severance applications LD 001/11 and LD 002/11 or this decision shall be null and void. Carried Unanimously 2 2. P/CA 09/11 — C. Daniell 1979 Woodview Avenue (North Part Lot 18, Plan 329) City of Pickering Committee of Adjustment Meeting Minutes � 3 Wednesday, March 23, 2011 7:00 pm Main Committee Room That the applicant �equests relief from Zoning By-law 3036, as amended by By-law 3537/05 and 7060/10 to permit a lot area of 440 square metres, whereas the by-law requires a minimum lot area of 460 square metres. The applicant requests approval of this variance in order to finalize Land Division applications (LD 122/10, LD 123/10, LD 124/10) for the creation of four residential lots on Woodview Avenue. 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 Development Control Manager expressing no comments. Written comments were also received from Toronto and Region Conservation Authority expressing no objection to the application and indicated the proposed minor variance will facilitate the protection of the adjacent wetland complex by allowing the proposed Lot 4 to be configured in such a way it will provide an appropriate environmental buffer from the wetland. Gary Daniell, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 09/11 by C. Daniell, be Approved on the grounds that the lot area of 440 square metres 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: 1. That this variance apply only to the proposed lot as generally sited and outlined on the applicant's submitted plans with this application. 3 `� -- =.,,., Committee of Adjustment Meeting Minutes Wednesday, March 23, 2011 7:00 pm Main Committee Room 2. That the owner receives final approval for Land Division applications LD 122/10, LD 123/10 and LD 124/10 or this decision shall become null and void. � Carried Unanimously 3. P/CA 10/11 — T. Kerr 1731 Spruce Hill Road Part Lot 30, Plan 820, Part 1, 40R-9425) City of Pickering The app�icant requests relief from Zoning By-law 3036 to permit an existing north side yard width of 0.3 metre and a proposed south side yard width of 1.0 metre to a proposed addition onto the detached dwelling, whereas the by-law requires a minimum side yard width of 1.8 metres. The applicant requests approval of this variance in order to obtain a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval for the existing north side yard width subject to conditions and refusal for the proposed south side yard width. Written comments were also received from the City's Chief Building Official expressing several concerns with the application; the appropriateness, feasibility and practicality of saving the south wall of the existing one storey garage through underpinning of the south wall to suit the proposed rear basement, the proximity of the neighbouring building and the potential of undermining adjacent foundations, a professional engineer must be retained to address all building design and construction which exceeds the scope of Part 9 of the Ontario Building Code and the applicant should provide full details regarding the existing site conditions and the proposed construction procedures where adjacent properties may be impacted. In the absence of this information, it would be inadvisable to approve this application for a building permit or a minor variance. Tom Kerr, owner, and Kevin Washington, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. 0 Committee of Adjustment �� Meeting Minutes Wednesday, March 23, 2011 7:00 pm Main Committee Room Kevin Washington presented pictures for the Committee Members to review and explained the application. In response to questions from Committee Members, Kevin Washington explained the existing south wall of the garage will be maintained for the proposed addition and indicated if the garage was completely demolished there would be an extra expense, there is a full basement in the garage, will be using the existing garage foundation for the proposed addition and the owners would like to start construction as soon as possible. Moved by Bill Utton Seconded by Tom Copeland That application P/CA 10/11 by T. Kerr, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. Carried Unanimously (IV) Adiournment Moved by Bill Utton Seconded by Tom Copeland That the 4th meeting of 2011 the Committee of Adjustment be adjourned at 7:20 pm and the next meeting of the Committee of Adjustment be held on Wednesday, April 13, 2011. Carried Unanimously Date Chair Assistant Secretary-Treasurer � �G Report to Committee of Adjustment Application Number: P/CA 10/11 Meeting Date: April 13, 2011 (Deferred from March 23, 2011) From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 10/11 T. Kerr 1731 Spruce Hill Road (Part Lot 30, Plan 820, Part 1, 40R-9425) City of Pickering Application: The applicant requests relief from Zoning By-law 3036 to permit an existing north side yard width of 0.3 metre and a proposed south side yard width of 1.0 metre to a proposed addition onto the detached dwelling, whereas the by-law requires a minimum side yard width of 1.8 metres. The applicant requests approval of this variance in order to obtain a building permit. Recommendation: The Planning & Development Department considers the existing north side yard width of 0.3 metre 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 zoning by-law and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the existing dwelling unit with the proposed addition, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by April 12, 2013, or this decision shall become null and void. :�: The Planning & Development Department considers the south side yard width of 1.0 metre to the proposed addition onto the detached dwelling to be a major variance that is undesirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law, and therefore recommends Refusal of the proposed variance. Report PlCA 10/11 (Deferred from the March 23, 2011) April 13, 2011 Page 2 Comment: Official Plan and Zoning By-law Pickering Official Plan —"Urban Residential Area — Low Density Area" within the Dunbarton Neighbourhood Zoning By-law 3036 —"R3" — Third Density Residential Appropriateness of the Application North Side Yard Width Variance • the intent of the minimum side yard widths of 1.8 metres on both sides of a dwelling are to provide an appropriate buffer space between structures on abutting properties and to provide appropriate access to the rear yard • the side yard width of 0.3 metres to the existing dwelling is an existing situation that would maintain the character of the surrounding area and provide an appropriate buffer between the existing dwelling and the abutting property • the intent of the zoning by-law would be maintained South Side Yard Width Variance • the intent of the minimum side yard widths of 1.8 metres on both sides of a dwelling is to provide an appropriate buffer space between structures on abutting properties and to provide appropriate access to the rear yard . the side yard width of 1.0 metre to a proposed new addition to the existing dwelling would not provide appropriate buffer between the abutting property and it would not provide appropriate access to the rear yard given the existing north side yard width is 0.3 metre •"R3" zoning requires a significant side yard width to the create a sense of openness between the dwellings that have significant Iot frontages of 18 metres or greater • the lot standards in the by-law are proportional to the size of a lot, the subject property has a lot frontage of 21. 3 metres with an existing reduced north side yard width of 0.3 metre, therefore, there is no justification or suppo�t for a further reduced side yard of 1.0 metre on the other side • the applicant provided no planning rationale for the proposed south side yard width variance with the exception of wanting to save the existing south wall of the existing detached garage to which the City's Chief Building Official has expressed significant construction concerns (see attached) • the applicants proposed elevations for the dwelling do not appear to demonstrated that the existing south wall of the detached garage is being maintained • the intend of the zoning by-law would not be maintained and is not appropriate development of the property • the variance for a reduced south side yard width is not a minor variance Q% � Report P/CA 10/11 (Deferred from the March 23, 2011) Input From Other Sources Chief Building Official Date of report: April 6, 2011 Comments prepared by: a��u� �� Mila Yeung Planner I MY:RP:Id co/a/repotlsl20Hlpcal0-1Llabletl.dac Enclosures �� April 13, 2011 Page 3 concerned with the appropriateness of demolishing the garage with the exception of the south wall during construction of the addition concerned with the feasibility and practicality of saving the south wall of the existing one storey garage through underpinning of the south wall to suit the proposed rear basement concerned with the proximity of the neighbouring building and the potential of undermining adjacent foundations a professional engineer must be retained to address all building design and construction which exceeds the scope of Part 9 of the Ontario Building Code the applicant should provide full details regarding the existing site conditions and the proposed construction procedures where adjacent properties may be impacted. In the absence of this information, it would be inadvisable to approve this application for a building permit or a minor variance (see attached) ��/�.�O.�.o c� Ross Pym, MCIP, RPP Principal Planner — Development Review I' � Q � � J J _ W U � � � � 1� Information Compiled from Applicant's Submitted Plan PlCA 10/11 T. Kerr 11T This map was produced 6y the City ot Pickering Planning & Deveiopment �epariment, PWnning Iniormation Services Mapping and Deslgn, Mac 8, 2011. To: From ,� , �� ru , � � PICKERIN� tan BIC[NTINNI.AL 2oi� Mila Yeung Planner I Kyle Bentley Chief Building Official Copy: Manager, Development Review & Urban Design Subject: Building Comments - 1731 Spruce Hill Road - File: P1CA 10/11 1� . �, March 16, 2011 Further to your request for comments on the minor variance application for 1731 Spruce Hill Road, my comments are as follows: 1. The application appears to include the construction of a one-storey addition to the existing one-storey dwelling, which currently has a walk-out basement to the rear of the property. �. - 2. There is one window identified on the south wall of the addition, which is recessed by 8 inches. The window area limits appear to conform with building code window size limit requirements for walls close to the property line. 3. Further review of the preliminary drawings indicates an existing garage to the south of the property. It is unclear from the drawings whether or not the garage has a basement level. Drawing A2 notes that the garage will be demolished, with the exception of the south wall. I would be concerned how the applicant intends to keep this wall in place during construction of the addition. If the existing garage is only one-storey, it would be necessary to underpin the existing south wall to suit the proposed rear basement. Underpinning is a very expensive and potentially impractical approach for the sake of preserving a one-storey wall. 4. The neighbouring residential dwelling south of 1731 Spruce Hill Road is close to the property line. It is unclear whether or not this neighbour's home has a basement or not. Construction for the proposed addition must take into account the proximity of the neighbouring buildings so as not to undermine adjacent foundations. 5. It would be necessary for the applicant to retain a professional engineer to address all building design and construction which exceeds the scope of Part 9 of the Ontario Building Code. 1� � 6. The applicant should provide full details regarding the existing site conditions and the proposed construction procedure where adjacent properties may be impacted. In the absence of this information, it would inad�isable to approve this application for a building permit or a minor varianee. If there are any questions or concerns, please contact me. ,� ,��.�" �� % KB:jf � J:1DocumentslBuilding Serviceslbuilding comments -1731 Spruce HIII - 3-16.doc March 16, 2011 � Page 2 Building Comments — P/CA 10/11 �� Cfty o¢� Report to Committee of Adjustment Application Number: P/CA 11/11 Meeting Date: April 13, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 11/11 N. Williams 1614 Burnside Drive (Lot 10, 40M-1603) City of Pickering Application: The applicant requests relief from Zoning By-law 3036 as amended by By-law 2922/88 to permit a lot coverage of 47 percent and a rear yard depth of 4.3 metres to a proposed house addition, whereas the by-law requires a maximum lot coverage of 38 percent and a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the new detached dwelling. Recommendation: The Planning & Development Department considers a lot coverage of 47 percent and a rear yard depth of 4.3 metres to a proposed house addition to be major variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law, and therefore recommends Refusal of the proposed variances. And The Planning & Development Department considers the existing lot coverage of 40 percent to 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 purposed of Official Plan and the Zoning By-law, and therefore recommends Approval of the existing situation and variance. Report P/CA 11/11 �� Comment: Oificial Plan and Zoning By-law April 13, 2011 Page 2 Pickering Official Plan —"Urban Residential Area — Low Density Area" within the Village East Neighbourhood Zoning By-law 3036 as amended by By-law 2922/88 —"S4" Appropriateness of the Application • the intent of the minimum rear yard depth of a 7.5 metres requirement is to ensure that a usable amenity space is provided in the rear yard • the intent of the maximum lot coverage of 38 percent requirement is to ensure the maintenance of an appropriate amount of amenity area uncovered by buildings and to regulate the maximum size and mass of building on a lot • the existing dwelling currently exceeds the required maximum lot coverage with a lot coverage of 40 percent and should be recognized as a minor variance • a 9 percent increase from the zoning standard of 38 percent for the proposed addition is not considered appropriate given the site already exceeds the maximum lot coverage • the subject lot will not maintain adequate amenity space in the rear of the subject property as the proposed addition and stairway will significantly reduce the rear yard depth to 4.2 metres which is a 56 percent reduction from the required zoning standard of 7.5 metres • the propose lot coverage does not provide adequate amount of amenity area uncovered by buildings • the intent of the zoning by-law will not be maintained Date of report: April 6, 2011 Comments prepared by: �� Mila Yeung Planner I MY:RP:Id cafa/repotls�2a111pce1 b11 eoc Enclosures /�, �� ._� Ross Pym, MCIP, RPP Principal Planner — Development Review �O� 5 ��G � w � 0 �� Y U O � m SUBJECT � PROPERTY PICKERWG City of Pickering PROPERTY DESCRIPTION LOt 10, Plan 40M-1603 OWNER N. Williams FILE No. PJCA 11/11 < o,..�e.: Teronet Enlerpli306 Ine. on0 its �upplivs. All riqb[a Reservstl. Not a � PO R _ w > � RI�G PARK 01 wrvey. w > � 0 � 't"" � ==' ' �� Z 5 .. � _ I � � _- � �� • �� •��, � �� ,: PARKWAY Q�� I I ' I I 1'' 1 � � ' 1 I � 4 � �. � � � � i 1 ', . _ I i j _ 1 ��' � 1 O 1' 1' 1 1 1' U �'. � � _ � � i i'. �o ;a ; � ; 1', 1 1',, I, I I I I I Planning & Development Department DATE Mar. 1 S, 2011 SCALE 1:5,000 DRAWN BY JB � CHECKED 8Y Rp N PN-9 1� 1� �,� �� I � � � 4.3 i 5�- 8.'3 To permit a rear yard depth of 4.3 metres 0 � 0 � w � � � a�". � Information Compiled from Applicant's Submitted Plan PlCA 11/11 N. Williams �.� To permit a lot coverage of 47% I,.... _..\\ _ 3 � 4 � = GXI.S"i'INU SI�1T `" I f��O 5'1'QKY IlR1Ct; g� { � 'I't��(� caT � VF.NINF:UVI?12Wf)Of) Q� ��ruge � r.,��ti.��: �I f.t - i2.$ --- - .� ' _ 1$.� �. __. _ ..j..____. 33.SS Ei, 5 ' l.3 , � .: � . „ . ,.«,�, �.«, .,.�.,. , . . . ,.. . . .� l.9 .,�...7.0 �, C) 'T 10 PLr1N �OM-16�3 __ _,; i.� I . O '1' 1 1 iV W � � 0 W 0 V J z L.1_ � m This map was produced hy the City of Pickering Planning & Development DepaAment, Planning Information Services Mapping and Desigq Mar. 24, 2011. Report to Committee of Adjustment �7 Application Number: P/CA 12/11 Meeting Date: April 13, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 12/11 H. Kok 673 Front Road (Part Lot 4, Bock E, Plan 65) City of Pickering Application: The applicant requests relief from Zoning By-law 2511 to permit an existing lot area of 361 square metres and a front yard depth of 6.0 metres to a proposed stairway of a proposed detached dwelling, whereas the by-law requires a minimum lot area of 460 square metres and front yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the new detached dwelling. Recommendation: The Planning & Development Department considers the existing lot area of 361 square metres and a front yard depth of 6.0 metres to a proposed stairway of a proposed detached dwelling 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 Official Plan and the Zoning By-law, and therefore recommends Approval of #he proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed new dwelling, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by April 12, 2013, or this decision shall become null and void. Background A Committee of Adjustment application for the subject property was submitted earlier this year (P/CA 02/11) to seek numerous variances for a new detached dwelling. The Committee of Adjustment approved the minor variance application on January 19, 2011 to permit an existing lot frontage of 9.1 metres and an existing lot area of 373 square metres and a proposed north side yard width of 0.6 metre and a south side yard width of 1.2 metres to the proposed new detached dwelling. After completing a grading plan and land survey, the dwelling was re-design and the lot area was found to be less than originally shown. The applicant is submitting this application in order to rectify the inaccurate information illustrated on the initial site plan submitted with P/CA 02/11. Report P/CA 12/11 �� Comment: Official Plan and Zoning By-law April 13, 2011 Page 2 Pickering Official Plan —"Urban Residential Area — Low Density Area" within the Bay Ridges Neighbourhood Zoning By-law 2511 —"R4" — Fourth Density Zone Appropriateness of the Application Lot Area Variance • the intent of the minimum lot area requirement is to ensure a usable lot size that is compatible with the surrounding area • the proposed lot area of 361 square metres is in keeping with the character and size of existing lots within the surrounding area and is a long standing condition • the intent of the zoning by-law would be maintained Front Yard Depth Variance • the intent of the front yard depth requirement is to provide an adequate buffer space between street activity and to provide an adequate landscaped area within the front of the property; • the 6.0 metre front yard depth to an proposed stairway would maintain the neighbourhood character on Front Street, provides an appropriate buffer space and provides an adequate landscaped area within the front yard of the property; • the intent of the zoning by-law would be maintained. Date of report: April 6, 2011 Comments prepared by: � �� Mila Yeung Planner I MY: RP:Id cols/repons/2011lpce12-11.GOc Enclosures /�\ 0�/.2A � Ross Pym, MCIP, PP Principal Planner — Development Review ING AVE. WAT�R FRENCHM,4 N 'S B/� Y RO F_ SS \ RENC N'< BAY ST P,4 ►ECT � ERTY KE ONT/�RIO OLD AVENUE o 0 n. � w > J MONICA C ��N�uiN i��n�� ••� MMERCE City of Pickering . PROPERTY �ESCRIPTION part Lot 4, Block E, Plan 65 OWNER H. Kok FILE No. P/CA 12/11 TeronetrCEn[«pNam InG. Ond ils Aup011e�s. PII riqMS Reeervetl- Nol_o plan Of iurvry. WHARF � � � � � � 0 c � � w � J FO HOL Y REDEEMER SEPARA IE , AVENUE _ � � � 0 z ♦ GRIVE �� '11'�� , �.�■■1 �I �1111111��1 i' �� 111111�,�� STREET Planning & Development Department oATe Mar. 23, 2011 SCALE 1:5,000 DRAWN BY JB � CHECKED BY RP N PN-3 � 2 �l Information Compiled from Applicant's Submitted Plan P/CA 12/11 H. Kok N This map was produced by the City of Pickering Planning & Developrnen� Departmen�, Planning Information Services Mapping and Design, Mac 24, 20�1. .