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Home My WebLink AboutNovember 9, 2011-_ ,..0 � ��— � -- �=,,� !�Q�....,i�� (I) Adoption of Agenda Committee of Adjustment Agenda Wednesday, November 9, 2011 7:00 pm Main Committee Room Page Number (II) Adoption of Minutes from October 19, 2011 1-7 (III) Reports 1. P/CA 57/11 — OPB Realty Inc. 1355.Kingston Road (Part Lots 21 & 22, Concession 1) City of Pickering 2. P/CA 58/11 — S. & R. Fillingham 1820 Pine Grove Avenue (Part Lot 22, Plan 410) City of Pickering 8-11 12-15 3. P/CA 59/11 — William Peak Co-Operative Homes Inc. 16-22 1990 Whites Road (Part of Lot 29, Concession 1, Part 1, 40R-12467) City of Pickering (IV) Other Business 1. Adoption of 2012 Meeting Schedule (V) Adjournment 23 AC�e55ible For information related to accessibility requirements please contact • Lesley Dunne P I C K E R I�N G T. 905.420.4660, extension 2024 TfY 905.420.1739 Email Idunne@cityofpickering.com .. -_ „�.=, �� ,�� ,� Ei�� -. _ - - .��,. �_�� 1_�_�� Pending Adoption Present: Tom Copeland David Johnson — Chair Eric Newton — Vice-Chair Shirley Van Steen Also Present: Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Bill Utton (I) Adoption of Aqenda Moved by Eric Newton Seconded by Shirley Van Steen Committee of Adjustment Meeting Minutes Wednesday, October 19, 2011 7:00 pm Main Committee Room That the agenda for the Wednesday, October 19, 2011 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Tom Copeland Seconded by Shirley Van Steen That the minutes of the 13th meeting of the Committee of Adjustment held Wednesday, September 28, 2011 be adopted. Carried Unanimously 1 Q� • ' • � � �� e. � � ' • � ' � �I�— ,au? ,� irl.,�,�--il �; • •: � ' � � . • • � - 1 r Y Y __;. �,� �. .�!��,��—I�� • • ' � � • (III) Reports P/CA 48/11 — G. Ricupero 340 Whitevale Road (Concession 5, Part lot 32, Plan 21, Part lot 32, 33, 40R1140, Part 54 to 56, Part 71, subject to ROW over Part 54, 55) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law 2677/88 to permit a detached garage to be located in the front and side yard, whereas the by-law requires all accessory structures to be located in the rear yard. The applicant requests approval of this variance in order to obtain a building permit. 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 Durham Region Health Department expressing no objection to the application. Tekleab Schewai, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Tekleab Schewai explained the application indicating that the Heritage Pickering Advisory Committee approved the design of the detached garage to match the existing dwelling and surrounding area. Tekleab Schewai indicated if the garage was brought forward on the property it would block a window and conflict with the septic tank and he also provided an architectural drawing for the Committee to review. Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 48/11 by G. Ricupero, be Approved on the grounds that the detached garage to be located in the front and side yard 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: 2 C�� o� Committee of Adjustment �� Meeting Minutes _ � i Wednesday, October 19, 2011 �3 7:00 pm Main Committee Room 1. That this variance apply only to the proposed detached garage, as generally sited and outlined on the applicanYs submitted plans. 2. That the applicant obtains a building permit for the proposed construction by October 18, 2013, or this decision shall become null and void. Carried Unanimously Glyn Evans of 350 Whitevale Road arrived at the meeting after the decision of the application had been made by the Committee. The Committee Chair acknowledged his presence and advised the application had been approved. Glyn Evans was present to obtain additional information and clarification on the height of the proposed detached garage and the east side yard setback to the proposed garage. � 2. P/CA 53/11 — M. R. Iqbal & S. Zareen 1422 Major Oaks Road (Lot 58, Plan 40M-1753) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4183/93 to permit the parking of a cube van with a height of 2.9 metres and to permit a parking encroachment of 0.5 metres onto the City's road allowance whereas the by-law establishes 2.6 metres as the maximum permissible height of a vehicle to be parked on the exterior of any lot in a residential zone and requires that no vehicle is to encroach onto any road allowance. The applicant requests approval of this variance in order to obtain zoning compliance. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. A neighbourhood petition submitted with the application with six signatures indicting no objection to the application. Written comments were received from the City's Development Control Manager indicating the applicant should not be given permission to park within the City's right-of-way through this minor variance. • ' • � • � � "' im ' �a'r+� �c`�i��"�..:�+.1. -■ " 1 � . � • � � ' � • — r i s�=:. �:�� . _�_i�.�/_� ��_'�� 1 1 • . � - - ' � � Written comments were also received from the City's Supervisor, Engineering & Capital Works indicating Engineering Services does not approve the request to encroach on City property for vehicular parking. No representation was present to represent the application. Mohamed Sa�e of 1427 Major Oaks Road was present in favour of the appiication. Tim Waddell of 1419 Major Oaks Road was present in objection to the application. Mohamed Saffie indicated the cube van provides a family income and the application is minor in nature. Tim Waddell expressed several concerns with the application indicating the cube van is out of character to the surrounding neighbourhood, decrease property value and the safety of children. Tim Waddell also noted he agrees with staff recommendation for refusal and provided the Committee Members with pictures showing an orange like substance leaking from the cube van. Moved by Eric Newton Seconded by Tom Copeland That application P/CA 53/11 by M. R. Iqbal & S. Zareen, be Refused on the grounds that the parking of a cube van with a height of 2.9 metre and a parking encroachment of 0.5 metres onto the City's road allowance are 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 Official Plan and the Zoning By-law. Carried Unanimously M.R. Iqbal arrived at the meeting after the decision of the application had been made. The Committee had already considered other applications and the public that was present for the application had already departed. The Committee Chair acknowledged the presence of M.R. Iqbal and expiained that the application was refused by the Committee. M.R. Iqbal explained the application and asked the Committee to reconsider their decision to refuse the application. The Committee Chair explained to M.R. Iqbal that the Committee has made a decision on the application and they would not be reconsidering the matter. Further, the owner was advised of the right to appeal the Committee's decision to the Ontario Municipal Board. M. Yeung, Assistant Secretary-Treasurer explained the appeal process to M.R. Iqbal. 0 3. . =_ ,,,._, �� Tn �e�'_�'� —�_ 1 —.. �a �e.�r 5 IL �I-..:iai,l�a:-3T.'�. - - - -... _ _ � ��_�_��_�_� � P/CA 55/11 — R. Pacione 5465 Hoxton Street (North Part Lot 18, Concession 9) City of Pickering Committee of Adjustment Meeting Minutes Wednesday, October 19, 2011 7:00 pm Main Committee Room The applicant requests relief from Zoning By-law 3037, to permit a detached 3 car garage to be located in the front yard, whereas the by-law requires all accessory structures to be located in the rear yard. The applicant requests approval of this variance in order to obtain 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 received from the City's Development Control Manager expressing no concerns. Written comments were received from the Durham Region Health Department and the Toronto and Region Conservation Authority both indicating no objection to the application. Written comments were also received from P. Wood of Claremo nt in support of the application. Joe Pacione, agent, and Robert Pacione, owner, 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 Eric Newton That application P/CA 55/11 by R. Pacione, be Approved on the grounds that the detached 3 car garage to be located in the front yard 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 detached 3 car garage, as generally sited and outlined on the applicanYs submitted plans. 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 October 18, 2013, or this decision shall become null and void. Carried Unanimously 5 �5 � "' � ' � � � �. � �r-" �� El�i��,�:�j -i ' • � . � • � ' I � a va��._�_ ...�a:� .. —_ _ ��/��1�� 11 • . • - - ' � • 4. P/CA 56/11 — K. & T. Corrigan 4873 Lorn Street (Lot 52, 53, Plan 43) City of Pickering The applicant requests relief from Zoning By-law 3037 to permit an existing front yard depth of 7.8 metres to the existing dwelling and to permit a lot area of 1,148 square metres to facilitate a proposed land severance, whereas the by-law requires a minimum front yard depth of 9.0 metres and a minimum lot area of 1,390 square metres. The applicant requests approval of this variance in order to obtain zoning compliance for a future land severance. . M. Yeung, Assistant 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 concerns. Written comments were received from the Durham Region Health Department expressing no objection to the application. Written comments were also received from the City's Supervisor, Building Permits indicating the applicant should demonstrate, via calculations that spatial separation requirements in the Ontario Building Code are met, based on the location of the new property/severance line. Peter Barton, agenf, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Peter Barton explained that the primary and reserved areas illustrated on the applicant submitted plans are requirements according to the Lot Sizing Policy of the Region of Durham's Health Department for the future septic system for the future land severance application. Moved by Tom Copeland Seconded by Shirley Van Steen That application P/CA 56/11 by K. & T. Corrigan, be Approved on the grounds that the front yard depth of 7.8 metres to the existing dwelling and a lot area of 1,148 square 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: 0 C�� o� Committee of Adjustment �� Meeting Minutes _` � � Wednesday, October 19, 2011 �17 7:00 pm Main Committee Room 1. That these variances apply only to the existing dwelling and proposed severance, as generally sited and outlined on the applicanYs submitted plans. 2. That the applicant resolves all matters of building compliance in relation to the existing buiiding and the proposed lot line to the satisfaction of the Chief Building Official prior to receiving final clearance for a future land severance. 3. That the applicant obtains final approval from the Durham Region Land Division Committee for consent for the proposed severance by October 18, 2013, or this decision shall become null and void. Carried Unanimously (I�/) Adiournment Moved by Eric Newton Seconded by Shirley Van Steen That the 14th meeting of 2011 the Committee of Adjustment be adjourned at. 7:32 pm and the next meeting of the Committee of Adjustment be held on Wednesday, November 9, 2011. Carried Unanimously Date Chair Assistant Secretary-Treasurer 7 c�� °� Report to �$ ' ' Committee of Adjustment I KERI Application Number: P/CA 57/11 Meeting Date: November 9, 2011 From: Ross Pym, MCIP, RPP Principal Planner— Development Review Subject: Committee of Adjustment Application P/CA 57/11 OPB Realty Inc. 1355 Kingston Road (Part Lots 21 & 22, Concession 1) City of Pickering Application: The applicant requests relief from Zoning By-law 3036 amended by By-laws 5994l02, 5806/01, 2472187 and 1581/82 to permit a proposed restaurant in the southwest corner of Kingston Road and Glenanna Road that will provide a Kingston Road setback of 7.2 metres and a Glenanna Road setback of 4.0 metres, whereas the by-law requires a minimum Kingston Road setback of 14.0 metres and a minimum Glenanna Road setback of 9.0 metres. The applicant requests approval of this variance in order to obtain a building permit and site plan approval. Recommendation: The Planning & Development Department considers the Kingston Road setback of 7.2 metres and Glenanna Road setback of 4.0 metres 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: 1. That these variances apply only to the proposed restaurant, as generally sited and outlined on the applicanYs submitted plans. 2. That the app�icant obtains a building permit for the proposed construction by November 8, 2013, or this decision shall become null and void. Report P/CA 57/11 Comment: Official Plan and Zoning By-law November 9, 2011 Page 2 � � Pickering Official Plan —"Mixed Used Areas — Downtown Core" within the Town Centre Neighbourhood Zoning By-law 3036 as amended by By-laws 5994/02, 5806/01, 2472/87 and 1581/82 — "MCA-1" Appropriateness of the Application Setback Variances • the building setbacks for the subject property are intended to provide an appropriate and functional setbacks for development of the subject lands and to limit the location of future buildings to ensure that their location does not conflict with surrounding land uses • the proposed restaurant will provide a 7.2 metre Kingston Road setback and a 4.0 metre Glenanna Road setback which provides for an appropriate and functional development of the subject property and does not appear to conflict with surrounding land uses • the majority of the proposed building falls within the defined building envelopes as required by the zoning by-law • the intent of the zoning by-law would be maintained Date of report: November 2, 2011 Comments prepared by: �"�" Mila Yeung Planner I MY:RP:Id mreireponyzoi vpus�-i �.n« Enclosures �p/� �/�� Ross Pym, MCIP,'RPP Principal Planner— Development Review Information Compiled from ApplicanYs Submitted Pian P/CA 57/11 OPB Realty K I N G S T 0 N R 0 A D /_ _____ RETAI4MG WALL r-�-- ORNAMENTAL F=�'CE _ -�� '.'. "�5.83 .. I ... .P , ��-_��' ��'�'' ---. \ ! _ . �^� � . i i � �" � r!` � �.______." � � 11.1', Y ` � . I , � 612.13 5M r6Sae sqrt) _I I _ I ! _ I—,1 I ! _j'�_ i� rmic a rcingstor setback of 7.2 To permit a Glenanna Road setback of 4.0 metres � r m, 7_ D � Z Z ;;.I � O �� `�,\ U ..\ ,��.....,;,\ N This mapwas produced by ihe City of Pickering Pianning 8 Developmen[ �epatlmen[, Planning Infortnation Serviws Mapping and Design. OcL 10, 201t. �z C�� °� Report to ' ; Committee of Adjustment I K 1 Application Number: P/CA 58/11 Meeting Date: November 9, 2011 From: Ross Pym, MCIP, RPP Principal Planner— Development Review Subject: Committee of Adjustment Application P/CA 58/11 S. & R. Fillingham 1820 Pine Grove Avenue (Part Lot 22, Plan 410) City of Pickering Application: The applicant requests relief from Zoning By-law 3036 to permit an existing shed to be located in the south side yard, whereas the by-law requires all accessory structures to be located in the rear yard. The applicant requests approval of this variance in order to obtain zoning compliance. Recommendation: The Planning & Development Department considers the existing shed located in the south 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 conditians: 1. That this variance apply only to the existing shed located in the south side yard, as generally sited and outlined on the applicanYs submitted plans. Report P/CA 58/11 Comment: Official Plan and Zoning By-law November 9, 2011 Page 2 � � Pickering O�cial Plan —"Urban Residential Areas — Low Density Areas" within the Highbush Neighbourhood Zoning By-law 3036 —"R4" — Fourth Density Zone Appropriateness of the Application Accessory Structure in Side Yard Variance • the intent of the requirement to locate detached accessory structures in the rear yard is to maintain the character of the area and to ensure adequate access between the front yard and the rear yard of the lot is provided • the existing shed provides sufficient separation behnreen the property lot lines and the existing shed • existing shed does not obstruct access between the front and rear yards and has no adverse impact on the surrounding neighbours or character of the neighbourhood • the shed is an existing situation that is heavily screen by existing mature trees • the intent of the zoning by-law will be maintained Date of report: November 2, 2011 Comments prepared by: `" U v � Mila Yeung � Planner I MY:RP:Id cormreponvmi upcesni i aoc Enclosures �u,/� �� Ross Pym, MCI ,� RPP Principal Planner— Development Review i4 r � ` .... � �I d� V i�,__ . �� a�l� �� T � Information Compiled from ApplicanYs Submitted Plan P/CA 58/11 S. 8. R. Fillingham 83.4 m _-• , __ � � �� k � �. , � ,�-- - � a' o� � s,i; `� Il � ,:A_ sm�e. l ��— ��( �.'.:_-°__ r_,.....___. � S1UkEy � NRqA pWf4lWG N9 1820 83.4 m •�"�.� _ �19.3 m - i `�'��.___ 20.2 m I� ml _�__'�'_' _ permit an existing ;d to be located in side yard ij W � Z w W � V W d N This map was pmtluced by Ihe Ciry of Pickering Plannirg 8 Devebpment DepartmenL Planning Inlormation Services MapPinq and Design, Ocl. te, 2011. ��w °� Report to -'-�' ' ' Committee of Adjustment I�KERI Application Number: P/CA 59/11 Meeting Date: November 9, 2011 From: Ross Pym, MCIP, RPP Principal Planner — Development Review Subject: Committee of Adjustment Application P/CA 59/11 William Peak Co-Operative Homes Inc. 1990 Whites Road (Part of Lot 29, Concession1, Part, 40R-12467) City of Pickering Application: The applicant requests relief from Zoning By-law 3036, as amended by By-law 2911/88 to permit a maximum of 75 children within a day nursery and to permit 181 parking spaces on the subject property, whereas the by-law permits a maximum of 40 children within a day nursery and requires a minimum of 186 parking spaces on the subject property. The applicant requests approval of these variances in order to obtain permanent zoning compliance as a previous temporary variance for the expanded day nursery will expire. Recommendation: The Planning & Development Department considers a maximum of 75 children within a day nursery and 181 parking spaces on the subject property 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: 1. That these variances apply only to the existing day nursery facility, as generally sited and outlined on the applicanYs submitted plans. 2. That the activity room floor area on the second floor be limited to a maximum of 84 square metres for a day nursery use. That the combined activity room floor area for the day nursery on the site be limited to a maximum of 254 square metres. 4. That the applicant provides evidences to the City of Pickering that appropriate up-to-date approvals and/or a license from the Ministry of Community and Social Service to recognize a maximum of 75 children within the daycare facility by November 9, 2012, or this decision shall become null and void. Report P/CA 59/11 Comment: Official Plan and Zoning By-law November 9, 2011 Page 2 i 7 Pickering O�cial Plan —"Urban Residential — Medium Density" within the Amberiea Neighbourhood Zoning By-law 3036 as amended by By-law 2911/88 —"RM1-3/DN3" Appropriateness of the Application Maximum Number of Children Permitted within a Day Nursery at any one time and Minimum Number of Parking Spaces Variance • the intent of limiting the number of children permitted within a day nursery is to ensure that day-care of on-site children is provided for residents of the co-op • the intent of providing a minimum number of parking spaces in the zoning by-law is to ensure that adequate on-site parking is provided to accommodate the amount of parking generated by all the uses of the property • the subject property was originally designed for a residential use with a day nursery as an accessory use • the Committee of Adjustment approved a similar variance for this property on October 22, 2008 for a three year period only that has now expired • by approving a temporary use of 3 years in 2008, the City has had an opportunity to monitored the site for 3 years and the results demonstrates that the site can accommodate the demands related to the increase of children attending the day nursery • the approved sites design does not provide the traditional day nursery requirements for drop-off/pick-up areas and parking as the day nursery's operation was intended for the residents of the residential complex • there has been no negative impacts regarding the overall site function and operation of the day nursery • the site has an existing total of 181 parking spaces, 40 of which are designated visitor parking and the remainder 141 parking spaces are reserved parking spaces dedicated to the residences of the co-op • the zoning by-law only requires 36 visitor parking spaces for the entire residential complex, whereas 40 is provided on-site • there are a total of 14 staff working for the day nursery facility and 5 of which are part time, therefore a maximum of 13 parking spaces out of the 40 visitor parking spaces at one time may be occupied by day nursery staff during the hours of operation (6:00 am to 6:00 pm), which are off-peak visiting hours on weekdays (morning to early evening) • the majority of the parents of the day nursery children unitizes the informal drop- off/pick up area rather than the visitor parking provided on-site Report P/CA 59/11 November 9, 2011 i $ Page 3 • the intention of the by-law was that the day nursery would function as an integrated component of the co-op facility for the residents of the co-op • the intent of the zoning by-law is maintained Input From Other Sources By-law Enforcement Services Development Control Date of report: November 2, 2011 Comments prepared by: � Mila Yeung Planner I MY: RP:Id colairepotlsnoll/pcas&11doc Enclosures . no complaints or concerns were expressed regarding the changes implemented in 2008 • it would not cause any problems to permit the continuance of the approval previously granted • no comments ��^ Ross ym, MCIP, RPP Principal Planner — Development Review 2� INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN P/CA 59/11 - WILLIAM PEAK CO-OPERATIVE HOMES INC � i � - _ __ - ____ _ _ ___ ___- _ - _- `- - : _ _ FINCH AVENUE - � - _ .- �, � . 3 .: ... 7 � .1! 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