Loading...
HomeMy WebLinkAboutMay 25, 2011Committee of Adjustment Agenda Meeting Number: 7 Date: Wednesday, May 25, 2011 Committee of Adjustment Agenda Wednesday, May 25, 2011 7:00 pm Main Committee Room Page Number (I) Adoption of Agenda (II) Adoption of Minutes from May 4, 2011 1-7 (III) Reports 1. P/CA 16/11 — N. Johal 8-12 464 Toynevale Road (Plan 350, Part Lot 121, now 40R-26017, Part 3, 4) City of Pickering 2. P/CA 17/11 — OPB Realty Inc. 1355 Kingston Road (Part Lot 21, 22, Concession 1) City of Pickering (IV) Adjournment 13-18 �������b�� � For information related to accessibility requirements please contact Lesley Dunne P I C I� E R N G T. 905.420.4660, extension 2024 TTY 905.420.1739 Email Idunne@cityofpickering.com Pending Adoption Present: Tom Copeland David Johnson — Chair Eric Newton — Vice-Chair Bill Utton Shirley Van Steen Also Present: Ross Pym, Secretary-Treasurer Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Aaenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes � � Wednesday, May 4, 2011 7:01 pm Main Committee Room That the agenda for the Wednesday, May 4, 2011 meeting be adopted. Carried Unanimously (II) Adoution of Minutes Moved by Eric Newton Seconded by Bill Utton That the minutes of the 5th meeting of the Committee of Adjustment held Wednesday, April 13, 2011 be adopted as amended. Carried Unanimously r � Q� C�� o¢� (III) Reports 1. P/CA 13/11 — J. & J. Ross 1843 Woodview Avenue (Part Lot 12, Plan 282, Part 1, 40R-16115) City of Pickering Committee of Adjustment Meeting Minutes Wednesday, May 4, 2011 7:01 pm Main Committee Room The applicant requests relief from Zoning By-law 3036 to permit a front yard depth of 5.1 metres to a proposed covered porch, whereas the by-law requires 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed house addition and covered .porch. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Jeff Ross, owner, was present to represent the application. Arnd Koechlin, of 1073 Pharmacy Avenue was present in support of the application. Jeff Ross indicated he agrees with staff recommendations and explained that if any trees have to be removed that they will be replaced. Moved by Eric Newton Seconded by Shirley Van Steen That application P/CA 13/11 by J. & J. Ross, be Approved on the grounds that the proposed front yard depth of 5.1 metres to a proposed covered porch 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 apply only to the proposed development, 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 May 3, 2013 or this decision shall become null and void. 2 ��� o¢� Committee of Adjustment Meeting Minutes Wednesday, May 4, 2011 �� 7:01 pm Main Committee Room 3. That the applicant prepares, to the satisfaction of the City of Pickering, a tree preservation/tree planting plan for the trees in the front yard of the subject property by November 4, 2011. Carried Unanimously 2. P/CA 14/11 — Chirolion Urban Corporation 1505 — 1525 Kingston Road (Block 36, Plan 40M-2089) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5891/01 to permit a condominium apartment building with a portion of the building having a maximum building height of 10.0 metres and 3-storeys and a portion of the building having a maximum building height of 35.0 metres and 12-storeys, whereas the by-law requires a minimum building height of 16.0 metres and 6-storeys and a maximum building height of 35.0 metres and 10-storeys. The applicant also requests relief to amend the definition of "Multiple Dwelling — Vertical" to allow a townhouse building containing three or more dwelling units attached horizontally but not all of which are attached vertically and to allow a minimum building height of 10.0 metres and 3-storeys for a portion of the townhouse building, whereas the by-law defines "Multiple Dwelling — Vertical" as having a building containing three or more dwelling units attached horizontally and vertically by an above grade wall or walls, or an above grade floor or floors or both. The applicant requests approval of this variance in order to obtain Site Plan approvaL 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 concerns. Correspondence received from Robert Lennox, indicated that if the City is going to allow for 12 floors on this site that the same would be allowed for his property that is located next to the subject property. Robert Lennox also questioned the access in and out of their property at 1555-1575 Kingston Road. 3 Q� C�t� o¢� Committee of Adjustment Meeting Minutes Wednesday, May 4, 2011 7:01 pm Main Committee Room Correspondence received from Trevor Sone, Property Manager of DCC #93, 5 PresidenYs Committee, indicated that part of the 5 PresidenYs Committee met with the developers prior to the Committee of Adjustment meeting to obtain additional information. The 5 PresidenYs Committee has determined that they have no objection to the application subject to the following suggested conditions: 1) that the owner does not seek and act upon an easement for traffic onto Valley Farm Road or Avonmore Square and 2) that the owner shall insure appropriate above ground parking for the proposed retail stores and visitor parking. Jason Park, agent, was present to represent the application. Chuck Kent, Suzanne Adams and Frank Gillanders of 1890 Valley Farm Road and Lionel Berry of 1647 Avonmore Square were present in objection to the application. Jason Park provided a package for the Committee to review. Jason Park explained the layout of the property; building heights; above and underground parking; traffic flow through the development and the "Multiple Dwelling — Vertical" definition. In response to questions from residents and Committee Members, Jason Park noted the new owners are not pursuing the old Committee of Adjustment application P/CA 02/09 which will become null and void if this application is approved. The parking for the retail stores will be provided on the surface and underground and the retail uses that are permitted on the subject site are very limited. A trafFic study has not been required, however, if during the Site Plan process a study is required they have no problem providing a study. Jason Park also indicated that only the eastern portion of the property is being developed at this time, and there will be no proposed access from Lennox Lane to Avonmore Square. Chuck Kent, President of the DCC#93, outlined the comments that were received from Trevor Sone, Property Manager of DCC #93. Chuck Kent expressed concerns with density, the traffic coming into and exiting the development access for this development onto Valley Farm Road and parking for the retail uses proposed. Suzanne Adams expressed concerns with the density and the traffic coming into and exiting the development. Suzanne Adams also questioned if the mechanical units on top of the building is included in the 35.0 metres. Frank Gillanders questioned if a traffic survey has been conducted for the subject property and commented that traffic in the summer months is very heavy at that intersection of Valley Farm Road and Kingston Road. Lionel Berry expressed concerns with any proposed access road on Avonmore Square and Valley Farm Road. � �ity o� Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, May 4, 2011 7:01 pm � � Main Committee Room That application P/CA 14/11 by Chirolion Urban Corporation, be Approved on the grounds that a minimum building height of 10.0 metres and 3-storeys and a maximum building height of 35.0 metres and 12-storeys to a proposed condominium apartment building and a minimum building height of 10.0 metres and 3-storeys to a partially stacked townhouse block, and the definition of "Multiple Dwelling — Vertical" to allow a townhouse building containing three or more dwelling units attached horizontally but not all of which are attached vertically 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, subject to the following conditions: 1. That these variances apply only to the proposed condominium apartment building and a partially stacked townhouse block, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That Minor Variance Application P/CA 02/09 becomes null and void. 3. That the applicant obtains a Site Plan Approval and a building permit for the proposed construction by May 4, 2014, or this decision shall �ecome null and void. Carried Unanimously 3. P/CA 15/11 — PVLB Inc. 503 Kingston Road (Part Lot 30, Broken Front Concession, Range 3, Part Lot 30, Part 1, 40R-4825) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2030/85: • to permit a front yard depth �f 7.0 metres, whereas the by-law requires a minimum front yard depth of 13.5 metres • to permit a flankage side yard width of 7.0 metres, whereas the by-law requires minimum flankage side yard width of 12.0 metres • to permit a parking requirement of 3.0 parking spaces per 100 square metres of gross floor area, whereas the by-law requires a minimum of 5.5 parking spaces for each 93 square metres of gross floor area � � �i C�� o� Committee of Adjustment Meeting Minutes Wednesday, May 4, 2011 7:01 pm Main Committee Room • to permit a minimum parking space area of 13.7 square metres (2.6 metres by 5.3 metres), whereas the by-law requires a minimum parking space area of 15.95 square metres • to permit a gravel surface parking area, whereas the by-law requires all parking areas to be paved The applicant requests approval of this variance in order to obtain a building permit and site plan approval for the proposed site expansion. The Secretary-Treasurer out�ined comments received from the C�ty of Pickering Planning & Development Department recommending approval subject to conditions and recommending refusal to permit a gravel parking area. Written comments were also received from the City's Development Control Manager indicating the gravel surFace for the parking area is acceptable and the applicant will need to address drainage and on-site stormwater quality control with the site plan application. Kevin Tunney, agent, and Bob Verwey, owner, were present to represent the application, No further representation was present in favour of or in objection to the application. Kevin Tunney provided a site plan for the Committee to review and explained the variances being applied for. Kevin Tunney clarified that the proposed gravel parking area, as stated in the report, is actually an automotive compound that will only be used to store new vehicles, it will be completely enclosed, no through traffic and will be gated to provide security. Kevin Tunney also indicated that a sustainable requirement for a commercial design to maximize permeability is a minimum of 25% of the site not occupied by a building is permeable unpaved area. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 15/11 by PVLB Inc., be Approved on the grounds that the front yard depth of 7.0 metres, a flankage side yard width of 7.0 metres, a parking requirement of 3.0 parking spaces per 100 square metres of gross floor area, a minimum parking space area of 13.7 squa�e metres (2.6 metres by 5.3 metres) and a gravel surface for an automotive compound 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: C: Committee of Adjustment Meeting Minutes Wednesday, May 4, 201 �I 7:01 pm Main Committee Room 1. That these variances apply �nly to the proposed site expansion, as generally sited and outlined on the applicant's submitted plans with this application. 2 3 That the application obtains a site plan approval for the proposed development by May 3, 2013, or this decision shall become null and void. That the applicant obtains a building permit for the proposed construction by May 3, 2013, or this decision shall become null and void. Carried Vote Tom Copeland David Johnson Eric Newton Bill Utton Shirley Van Steen (IV) Adiournment opposed in favour opposed in favour in favour Moved by Bill Utton Seconded by Eric Newton That the 6th meeting of 2011 the Committee of Adjustment be adjourned at 8:00 pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 25, 2011. Carried Unanimously Date Chair Assistant Secretary-Treasurer 7 07 �' . CLry O� Report to Committee of Adjustment Application Number: P/CA 16/11 Meeting Date: May 25, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 16l11 N. Johal 464 Toynevale Road (Plan 350, Part Lot 121, now 40R-26017, Part 3, 4) City of Pickering Application: The applicant requests relief from Zoning By-law 3036 to permit a proposed west side yard width of 0.9 metre and a proposed east side yard width of 1.2 metre to a proposed new detached dwelling, whereas the by-law requires a minimum side yard width of 1.5 metres for both sides. The applicant requests approval of this variance in order to obtain a building permit. Recommendation: The Planning & Development Department considers the proposed east side yard width of 1.2 metres 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 proposed new detached 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 May 24, 2013, or this decision shall become null and void. I�Tit: The Planning & Development Department considers the west side yard width of 0.9 metre to the proposed new 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 P/CA 16/11 May 25, 2011 -_.- ,, Comment: Official Plan and Zoning By-law Pickering Official Plan —"Urban Residential Area — Low Density Area" within the Rosebank Neighbourhood Zoning By-law 2511 —"R4" — Fourth Density Residential and "G" — Greenbelt Appropriateness of the Application East Side Yard Width Variance • the intent of the minimum side yard widths of 1.5 metres on both sides of a dwelling are to provide an approp�iate buffer space between structures on abutting properties and to provide appropriate access to the rear yard • the east side yard width of 1.2 metre to a proposed new detached dwelling would maintain the character of the surrounding area and provide an appropriate buffer between the existing dwelling and the abutting property as the abutting property has no buildings or structures • the intent of the zoning by-law would be maintained West Side Yard Width Variance • the intent of the minimum side yard widths of 1.5 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 west side yard width of 0.9 metre to a proposed new detached dwelling would not provide appropriate buffer between the abutting property and it would not provide an appearance of openness between the proposed dwelling and the existing abutting dwelling •"R4" zoning requires a significant side yard width to create a sense of openness between dwellings that have significant lot frontages of 15.0 metres or greater in order to create a separation balance between the large dwellings • the need to establish a full side yard on the subject property is important due to the fact that the existing dwelling to the west has a side yard width of 0.7 metres • the subject lot was recently created through a land severance process and during the processing of the application the approved grading plans for the lot indicate a drainage swale located in the west side yard and that the grading for the first 0.6 metre abutting the property line is to remain as is to ensure the abutting property is not impacted by the development of the subject lands • the abutting property has a hedge located along the property line therefore the new house construction should not encroach into the side yard width to ensure the hedge is not impacted • the intend of the zoning by-law would not be maintained and is not appropriate development of the property • the variance for a reduced west side yard width is no� a minor variance Report P/CA 16/11 �� Input From Other Sources May 25, 2011 Page 3 Manager, Development Control . concern expressed with the potential for impacts on the dwelling on the abutting property as it is Iocated close to the property line Date of report: May 18, 2011 Comments prepared by: �;���,�`' �� Mila Yeung Planner I RP:MY:Id colBlraporlsl201t/pca1641 Enclosures o-� Ross Pym, MCIP, RPP Principal Planner — Development Review � � Information Compiled from ApplicanYs Submitted Plan P/CA 16/11 N. Johal � � � „ �F� � ��� I1�;� ; _f � - i i � x= , ��_ _ �,. : � , ,�� r.: �� i •-°� _ i � i "� � i r�;, . r � To permit a west side yard width of 0.9 metres � • �� I� i 3m } { YAINTnIN CX191NI3 Id2PpE5 !NO (�tN]IN<3 PROPOSED � DWELLING „� CARAGE X3:__ z 1.2m i+�,i, L � ��!�. .:; ; + � 1 N!2 K 5 ECMaee � '�� N]35400'E(P) N1( ���� i / CI ,..,�} i I J' .I, i i � '� �` '1� '"'i' -- DITI ,/i/���R � I ! I s.L � �.. 56 ,� � n � .e� ...___'_ "�'.._" _-�..,...__ � " E�GE W ASPHALi " TOYNEVALE AVENUE 11t This map was produced by ihe City of Pickering Planning & Development Oepartment, Planning Info�mation Services Mapping and Design, Apr. 13, 2011. Report to Committee of Adjustment �3 Application Number: P/CA 17J11 Meeting Date: May 25, 2011 From: Ross Pym, MCIP, RPP Principal Planner— Development Review Subject: Committee of Adjustment Application P/CA 17/11 OPB Realty Inc. 1355 Kingston Road Part of Lots 21 and 22, Concession 1 City of Pickering Application: The applicant requests relief from Zoning By-law 3036, as amended by By-law 5994/02 to permit an open air community market as a temporary use to be operated once a week from June to October of 2011, whereas the by-law does not specifically allow an open air community market as a permitted use on the subject property. The applicant requests approval of this variance in order to operate the c�en air community market. Recommendation: The Planning & Development Department considers the request to permit an open air community market as a temporary use, to be operated once a week from June to October of 2011, 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 open air community market, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That the variance shall apply from a period between June 2011 to October 2011, and that this Decision shall become null and void on November 1, 2011. 3. That for the purpose of this variance an open air community market shall be defined as an open area in which stalls, tent canopies, or sales areas are set aside and rented or otherwise provided where groups of individual sellers offer goods and produce, for sale to the public and will focus on food, arts and culture. �. � Report P/CA 17/11 Comment: Official Plan and Zoning By-law May 25, 2011 Page 2 Pickering Official Plan —"Mixed Use Area — Downtown Core" within the Town Centre Neighbourhood — subject to The Pickering Downtown Core and Kingston Road Urban Design and Development Guidelines Zoning By-law 3036, as amended by By-law 5994/02 —"MCA-1 ", "MCA-1 /CO-1 ", "MCA-1/CO-2" and "MCA-2" (Main Central Area) Appropriateness of the Application • the intent of the by-law is to provide a range of commercial and retail uses that are appropriate for the operation of a major shopping centre • the zoning by-law does not specifically permit a open air community market as a permit use however the use is compatible in the proposed location and will enhance the shopping options of the community • the timing and size of the open air community market should not consume needed parking spaces that would diminish the site's function • the application is for a temporary use only for the next six months and the property owner will then evaluate the success of the market and if appropriate will submit a zoning by-law amendment for the use • the intent of the zoning by-law would be maintained Input From Other Sources Peter Rodrigues Regional Councillor — Ward 3 Kevin Ashe City Councillor — Ward 1 Doug Dickerson City Councillor — Ward 2 in support of the application in support of the application in support of the application Coordinator, Economic Development . Urban Markets are a much desired and needed community activity, in keeping with the City's intent to create a vibrant downtown • this is a great opportunity to engage and promote our local agricultural community and, nurture sustained community partnerships • activities of this nature create a sense of place and encourage pedestrian traffic in a healthy downtown Report P/CA 17/11 Coordinator, Economic Development (continued) Date of report: May 18, 2011 Comments prepared by: �� Mila Yeung Planner I RP:MY:Id ��yre���o,,,o�a,,.,,.do� Enclosures May 25, 2011 Page 3 • the proposed location appears well suited to capture the majority of downtown residential traffic, to be accessed by residents using local transit and is easily supported by on-site parking. � �/ \., 0../� � Ross Pym, MCfFf, RPP Principal Planner — Development Review �5 . : :, . • -! . ,,� �, Information Compiled from Applicant's Submitted Plan P/CA 17/11 OPB Realty Inc. THE KIN��S HIGHWAY NO/ i� �-�"` } _ � .:' ; �. �. �° ��,� , � � - uinL_ �• _^ � �- � """"'ll'I�IIIIII'II.' � � ��'��f'� -` .�. , �� 4 , ��ti��� �..I11111 � � �� L � �. . � � : � • : A . , ,� . . 2 �KINGSTON ROA�) � p � r , :�.. r.. `.�•- w� PICKERING TOWN CENTRE � .�i�� J; ,,,,,,,,,,,,,,,, � �", � ,, ,,,;,. ; �; �Uqq�q�t , ���uq , �i���ihqiry � /////�� ` /"'/� � //m ` � � �,`° �' =T � P a�� '��/' � � ,,,,, , �IIIIIIIIIIIIY ` 1 �� � _; �� = 17 —�- �..._/ IIIIIIIIIIIII��������pllllllllll �i�„i„��,,,�,° To permit an °Open air � ' ; ,_ Market° as a temporary . _ _ permitted use to be operated - - - • ', ,', ., _ = once a week from June to = ° October of 2011 .. � � Illlllllllllllllllllllllllllllwunu� ����� �... . = PARKWqy fiis map was produced by the Gty a/ P/ckering, %nning G Oero/opment Oepartmenf, !n/ormatian d� Suppoif Services, Moy 70, 7011 �� � - l <�mous I'layen � a'.: h ja Information Compiled from Applicant's Submitted Plan P/CA 17111 OPB Realty Inc. �Veitdor l'arkin�� � — / �� � , � �� � R= � �` ` w^.aa s .;� ua;.-: �`��i78 rr: �; �. � ---,__ s ``�H , '-r3' -�-"_ � � �/ J -"' Sl'I1��J1111'C / -- Cily oCYickerin� —� � 5 �.rc[:nru: � - Recyl'u,g �- Vendar'1'cni �- �.ivc I�.nicrlainment � section N This map was produced �y the City of Pickering Planning & Davelopment Department, Planning Intormation Services Mapping and Oesign, May 5, 2011.