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Home My WebLink AboutAugust 17, 2011- ...L,� ,-��_, -- / `-'�-Sti. i .�: � ..m ��a:3'i�... �1N\��\�l (I) (II) (III) (IV) Adoption of Agenda Adoption of Minutes from July 27, 2011 Reports 1. P/CA 30/11 — Plaza 23 Inc. 713 Krosno Blvd. (Plan M15, Block S) City of Pickering 2. P/CA 35/11 & P/CA 36/11 — G. Osgood 720 & 722 Front Road (South and West Part Lot 2, Plan M90) City of Pickering 3. P/CA 37/11 — R. Peters 584 Marksbury Road (South Part Lot 43, Plan 311) City of Pickering Adjournment Committee of Adjustment Agenda Wednesday, July 27, 2011 7:00 pm Main Committee Room Page Number. 1-6 7-10 11-14 15-18 ACCe55ible For information related to accessibility requirements please contact p•n' Lesley Dunne P �� K E i�.� G T. 905.420.4660, extension 2024 TTY 905.420.1739 , Email Idunne@cityofpickering.com ., -= im : �, u.�Ej�� -, �� . ,�, � , .�., ��.� v _�� Pending Adoption Present: Tom Copeland David Johnson — Chair Eric Newton — Vice-Chair Shirley Van Steen Also Present: Mita Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Ross Pym, Secretary-Treasurer Bill Utton (I) (II) Adoption of Agenda Moved by Eric Newton Seconded by Shirley Van Steen Committee of Adjustment Meeting Minutes Wednesday, July 27, 2011 7:00 pm Main Committee Room That the agenda for the Wednesday, July 27, 2011 meeting be adopted. Carried Unanimously Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, July 6, 2011 be adopted. Carried Unanimously 1 �� „ - 1 m.�: l . �r-” �� v_��"�� 1 '.-::� -.. �� - - = _��1��_ �� (III) Reports (Deferred from the July 6, P/CA 25/11 — K. Kwapich 1296 Commerce Street 2011 meeting) Committee of Adjustment (Part Lot 4, Block C, Plan 65, Part 3, 40R-11704) City of Pickering Meeting Minutes Wednesday, July 27, 2011 7:00 pm Main Committee Room The applicant requests relief from Zoning By-law 2511 to permit a front yard depth of 4.6 metres to a proposed addition to an existing detached dwelling, whereas the by-law requires a front yard depth of 7.5 metres. Th� applicant requests approval of this variance in order to obtain a building permit for a proposed addition to the existing detached dwelling. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Oevelopment Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Kamil Kwapich, 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 Shirley Van Steen That revised application P/CA 25/11 by K. Kwapich, be Approved on the grounds that the front yard depth of 4.6 metres to the proposed one-storey addition 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 this variance apply only to the proposed one-storey addition, as generally sited and outlined on the applicanYs revised submitted plans. 2. That the applicant obtains a building permit for the proposed construction by July 26, 2013 or this decision shall become null and void. Carried Unanimously 2 � ' • � • � ' � N1 �a-�+��l��a��i ' � • . 1 � '. . _�� /��_'�� 11 � • '�• • • - • : '- • 1952 Calvington Drive (Part of Block 5, 40M-2339) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6585/05 to permit a rear yard depth of 4.1 metres to a proposed raised deck and a side yard width of 0.0 metres, whereas the by-law requires a rear yard depth of 6.0 metres and a side yard width of 0.6 metres. The applicant requests approval of these variances in order to obtain a building permit for the proposed raised deck. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal for a side yard width of 0.0 metres and recommending approval subject to conditions and to amend the side yard width to 0.5 metres. Written comments were received from the City's Development Control Manager expressing no concerns. Wriitten comments were also received from the Toronto and Region Conservation Authority indicating the owner obtains a permit from TRCA prior to any development taking place within the Regulated Area on the subject lands and has no objection to the application. Anil Persaud, owner, 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 Eric Newton That application P/CA 27/11 by A. Persaud & C. Jairam-Persaud, be Approved on the grounds that the rear yard depth of 4.1 metres and the amended side yard width of 0.5 metres to the proposed raised deck 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: That these variances apply only to the raised deck, as generally sited and outlined on the applicanYs submitted plans. That the applicant obtains a building permit for the proposed construction by July 26, 2013, or this decision shall become null and void. Carried Unanimously • ' � � • s -` � m •a �, �� +c,-. ��'�� 1 :.� " � � . � • .i� �7ll+z..� -' -:. .a.�.. . �� /��1,� 11 � • '�• 3. P/CA 28/11 — S. Gokool 1599,Kelvinway Lane (Lot 31, Plan 40M-1467) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85 to permit a rear yard depth of 5.9 metres to a proposed raised deck, whereas the by-law requires a rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to replace the existing raised deck with the proposed raised deck. M. Yeung, Assistant 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. Sandra Gokool, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Tom Copeland Seconded by Eric Newton That application P/CA 28/11 by S. Gokool, be Approved on the grounds that the rear yard depth of 5.9 metres to a proposed raised deck 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 this variance apply only to the proposed raised deck, as generally sited and outlined on the applicanYs submitted plans. That the applicant obtains a building permit for the proposed construction by July 26, 2013, or this decision shall become null and void. Carried Unanimously � ,. =- N o ��ei�� -:, �a ,.,,-�„—, �s�.�r -�_ �_�� ■�� 4. P/CA 29/11 — E. & V. Camara 1918 Fairport Road (Lot 38, Plan 818) City of Pickering Committee of Adjustment Meeting Minutes Wednesday, July 27, 2011 7:00 pm Main Committee Room The applicant requests relief from Zoning By-law 3036 to permit the replacement of an existing garage with a proposed two storey detached garage partially located in the side yard, and having a garage height of 6.0 metres and to recognize a side yard width of 0.3 metres to an existing shed, whereas the by-law requires all accessory structures not part of a main building to be erected in the rear yard, a maximum accessory structure height of 3.5 metres, a minimum side yard width to an accessory structure of 0.6 metres. The applicant requests approval of these variances in order to obtain zoning compliance and a building permit for the proposed garage. M.'Yeung, Assistant 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. Emanuel Camara, owner, was present to represent the application. Sophie Irwin of 1914 Fairport Road was present in objection to the existing shed location. Emanuel Camara agrees to staff recommendations. In response to questions from Committee Members, Emanuel Camara explained the flooding problem is an existing situation, the proposed two storey garage will be used for storage and the location of the garage will not affect the current swale. Saphie Irwin expressed concerns with the Iocation of the existing shed, the gr�ding and drainage problems that maybe affecting her property. Sophie Irwin provided a report and pictures of her property for the Committee Members to review the flooding problem. Sophie Irwin indicated a new swale would improve the drainage and flooding problems. In response to a question from a Committee Member, M. Yeung, Assistant Se�cretary-Treasurer, explained the grading and drainage will be reviewed during th� Building Permit process. 5 O5 , , -- . -. �. , . .r�, aW�wi�� . - � • . 1 Ea ,�, .—�. , 5�� •' : +ra.� v —��.��!�� 11 � • '�• Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 29/11 by E. & V. Camara, be Approved on the grounds that the proposed two storey detached garage partiaily located in the side yard, and having a garage height of 6.0 metres, and to recognize a side yard width of 0.3 metres to an existing rear yard shed are minor variances that are desirabie forthe 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 folfowing conditions: 1. That these variances apply only to the proposed garage and existing shed, as generally sited and outlined on the applicanYs submitted plans with this application. 2. As part of the building permit submission, the applicant ensures that no habitable space is proposed within the proposed detached garage. 3. That the applicant obtains a building permit for the proposed construction by July 26, 2013, or this decision shall become null and void. Carried Unanimously (IV) Adjournment Moved by Shirley Van Steen Seconded by Eric Newton That the 10th meeting of 2011 the Committee of Adjustment be adjourned at 7:30 pm and the next meeting of the Committee of Adjustment be held on Wednesday, August 17, 2011. Carried Unanimously ��- -.-�, Chair Assistant' Secretary-Treasurer 0 c��r �4! Report to ; ; Committee of Adjustment I E Application Number: P/CA 30/11 �% Meeting Date: August 17, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 30/11 Plaza 23 Incorporated 713 Krosno Boulevard (Block S, Plan M-15) City of Pickering Application: The appliCant requests relief from Zoning By-law 2520 as amended by By-law 5580/99 to permit a total gross leasable floor area of 439 square metres for restaurant — type A uses, whereas the By-law permits a maximum gross leasable floor area of 300 square metres for restaurant — type A uses plus a restaurant patio space of 53 square metres. The appli�ant requests approval of this variance in order to obtain an interior building permit for an expanded restaurant. Recommendation: The Planning & Development Department considers the request to permit an increase in the gro�s leasable floor area of 439 square metres for restaurant — type A plus a restaurant patio space of 53 square metres to permit an expansion to the existing restaurant 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: That this variance apply only to the proposed restaurant expansion, as generally sited and outlined on the applicanYs submitted plans with this application. 2. That the area of the restaurant expansion be limited to a maximum of 101 square metres. 3. That the applicant obtains an interior building permit for the proposed construction by August 16, 2013, or this decision shall become null and void. 1� Report P/CA 30/11 Comment: Official P�an and Zoning By-law August 17, 2011 Page 2 Pickering Official Plan —"Mixed Use Area — Local Node" within the Bay Ridges Neighbourhood — subject to The Liverpool Road Waterfront Node — Liverpool Road Corridor �evelopment Guidelines Zoning By-law 2520, as amended by By-law 5580/99 —"LCA-10" Commercial Appropriateness of the Application • the intent of the by-law is to ensure restaurant uses do not become the prominent use of the plaza •,the proposed size and location of the proposed restaurant expansion will not ' negatively impact the parking area for the existing commercial uses on the property • the proposed restaurant expansion will fill currently vacant space in the plaza • the intent of the zoning by-law would be maintained Input From Other Sources Development Control Manager Date of report: August 10, 2011 Comments prepared by: � ',a.�eo Isa J me' , MCIP, RPP Planne IJ:RP:Id co�erceoonvzm v�ao-n.mc Enclosures . no comment / �. o-� �� Ross Pym, MCIP, RPP Principal Planner — Development Review oo��s � � � � • „",""' """11" '�•� City of Pickering PROPERTY DESCRIPTION p10� M15, BIOGk S OWNER Pli�za 23 Inc. FILE No. PfCA 30/17 �1:�0 :i`c�i.rem.. m�. a�a n. .�onn.... �u rany n...�... r. NOL Y REDEEMER SEPARATE STREET PARK af �uvy. � BALSDON PARK �� Q 9 Planning & Development Department DATE JUIy 25, 2011 SCALE 1:5,000 DRAWN BV JB � CHECKE� 8Y Rp N PN3 �0 � �,, I LS� \ I � �: \�" Q C \ I ! �� i�,'.� ! \ �� ' � Cl'' �a e\ �� (� ` �' � i � �� u�, `� � ��_ �Y�`- ��/�;'"° �� i � _� �Y :� ' ,,.' �✓r-� , ; ° '� � ' � � i x f %� 7�� ; — < ''I � -,. nas�f rx Information Compiled from Applicant's Submitted Plan P/CA 30111 Plaza 23 Inc. �. � permit maximum oss leasable floor area 439 m' for all staurants Type'A' on : subject property � �: ;i �✓ .\ .. .\ ` ", � \ � � . �� f y. . _ /j; �•'Q � �' `� �; �`��. /� ~ � \ \ �� / � � \ � � �t� /��•�� \,\\ Jr � � j� ,�� i ��/ ' � � 1 / � � �/ �( �i. . � �� X � /\ • � ;, ., /i, �'. ��' � �•'1 %�i� `�. ' i',� ��, j i i l' �'.'..'.( ... .{ : .,��« .�.n..� .�_ .i r "\ �� a�� {�;�� `\ , i , r .s�•. , . �u .. '��G �i �1F ��.i I I,f�` �.'E�, \' \ F N This map was produced by Ihe Ciry of Pickering Planning 8 Development Department, Planning In(ormalion Services Mapping antl �esiqn, Juty 26. 2011. c�tv ��! Report to 1 � ; ; Committee of Adjustment I 1�1 Application Number: P/CA 35/11 & P/CA 36/11 Meeting Date: August 17, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Applications P/CA 35/11 & P/CA 36/11 Georgina Osgood 720 & 722 Front Road (South and West Parts Lot 2, Plan M90) City of Pickering Application: The applicant requests relief from Zoning By-law 2511 to permit minimum lot frontages of 14.4 metres and minimum lot areas of 435 square metres for two proposed lots for detached dwellings, whereas the by-law requires a minimum lot frontage of 15.0 metres and a minimum lot area of 460 square metres. The appliCant requests approval of these variances in order to obtain a proposed land severance and to obtain building permits. Recommendation: The Planning & Development Department considers the lot frontages of 14.4 metres and lot areas of 435 square metres for two proposed lots 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 the proposed variances, subject to the following conditions: 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 applicant receives approval and finalize the application to the Region of Durham Land Division Committee for the proposed lots by August 16, 2013 or this decision shall be null and void. Report P/CA 35/11 & P/CA 36/11 �2 Comment: Official Plan and Zoning By-law August 17, 2011 Page 2 Pickering a�cial Plan —"Urban Residential — Medium Density Area" within the Bay Ridges Neighbourhood Although the proposed severance with the proposed minimum lot frontages and lot areas does not meet the medium density requirements of the Offcial Plan, the plan also provides that in establishing performance standards for Urban Residential Areas, City Council may limit the residential densities below the minimums set out in the Official Plan if it can be demonstrated to the City's satisfaction that the design, site layout, blocking, and/or phasing of the project can be intensified over time. Zoning By-law 2511 —"R4" — Fourth Density Zone Appropriateness of the Application Lot Frontage and Lot Area Variances . the intent of the minimum 15.0 metres lot frontage requirement in the by-law is to establish a lot width that will ensure compatibility of housing forms and an attractive streetscape for an area . the proposed lot frontages of 14.4 metres will be compatible with the existing lots fronting onto Front Road • opportunity still exists to achieve medium density on the residential block through future development in the area • the proposed Iot areas of 435 square metres will be compatible with the existing lots fronting onto Front Road • the intent of the zoning by-law would be maintained Date of r�port: August 10, 2011 Comments prepared by: �,� av�eA Isa Ja es, MCIP, RPP Planner IJ:RP:Id coia�reponzrzonrpce?s-ii a pnoo-naoc Enclosures /�p�/J l� Ross Pym, MCIP,"RPP Principal Planner — Development Review 13 1� Information Compiled from Applicant's Submitted Plan P/CA 35/11 8 P/CA 36/11 G. Osgood � Q 0 � � z � � LL � This map was pmducetl by tAe Ci�y of PiAering Plannirg 8 Developmenl Department, Planning In(ortnation Services Mapping antl Design, July 26, 2011. c��y °� � Report to � `� ; ; Committee of Adjustment I ERI Application Number: P/CA 37/11 Meeting Date: August 17, 2011 From: Ross Pym, MCIP, RPP Principal Planner— Development Review Subject: Committee of Adjustment Application P/CA 37/11 R. Peters 584 Marksbury Road (South Part Lot 43, Plan 311) City of Pickering Application: The applicant requests relief from Zoning By-law 2511 to recognize an existing accessory structures Iot coverage of 7.6 percent, whereas the by-law permits a maximum,accessory structures lot coverage of 5 percent. The appliGant requests approval of this variance in order to obtain zoning compliance. Recommendation: The Planning & Development Department considers the existing accessory structures lot coverage of 7.6 percent 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 apply only to the existing accessory structures in the rear yard, as generally sited and outlined on the applicanYs submitted plans. Background: In 2008, an application to the Committee of Adjustment (P/CA 25/08) was submitted in order to obtain a building permit for a proposed one storey addition to the rear of the existing dwelling. A number of minor variances were requested for the proposed constructiqn and to recognize the existing structures including accessory buildings. The owner of the property is now requesting a minor variance to recognize an existing situation that was missed in the original minor variance application made in 2008. Report P/CA 37/11 �_ � Comment: Official Plan and Zoning By-law August 17, 2011 Page 2 Pickering Official Plan —"Urban Residential Area — Low Density Area" within the West Shore Neighbourhood Zoning By-law 2511 —"R4" — Fourth Density Zone Appropriateness of the Application • the intent of the 5 percent maximum accessory structures lot coverage is to ensure the maintenance of an appropriate amount of amenity area uncovered by buildings and to regulate the maximum size and mass of accessory buildings on a lot • the proposed 7.6 percent maximum accessory building lot coverage is an existing situation that have been recognized by the Committee of Adjustment in a previous minor variance application that allowed the accessory structures • the proposed accessory building lot coverage appears to have no adverse impact on the surrounding neighbours • the intent of the zoning by-law would be maintained Date of report: August 10, 2011 Comments prepared by: a�� Mila Yeung Planner I MY:RP:Id coie�repomrzonip.aazn eo� Enclosures � ` o� Ross Pym, M , RPP Principal Planner — Development Review 1� Information Compiled from ApplicanYs Submitted Plan P/CA 37/11 R. Peters MARKSBURY DRIVE �V' Thls map was pmducetl by Ne City of Pickering Planning 8 Oevelopment �epartment, Planning Iniorma�ion Servires Mappng antl Design, July 26, 2011.