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HomeMy WebLinkAboutSeptember 5, 2012Committee of Adjustment Agenda Meeting Number:11 Date:Wednesday,September 5,2012 Committee of Adjustment Agenda Wednesday,September 5,2012 7:00 pm Main Committee Room Page Number (I)Adoption of Agenda (II)Adoption of Minutes from August 15,2012 1-11 (III)Reports 1.Deferred from the July 25,2012 meeting 12-17 PICA 29/12 -M.&L.Raponi 334 Fiddlers Court (Part of Lot 18,Plan 228,Parts 1 &2,Plan 40R-15374) City of Pickering 2.PICA 50/12 -R.Ramos 2026 Erin Gate Boulevard (Lot 6,Plan 40M-1969) City of Pickering 3.PICA 52/12 -L &R.Gaskin 1105 Windgrove Square (Lot 1,Plan 40M-1706) City of Pickering (IV)Adjournment 18-22 23-28 I ! Accessible e-- PICKE~G For information related to accessibility requirements please contact Lesley Dunne T.905.420.4660,extension 2024 TTY 905.420.1739 Email Idunne@pickering.ca Committee of Adjustment Meeting Minutes Wednesday,August 15,2012 01 7:00 pm Council Chambers Pending Adoption Present: Tom Copeland David Johnson -Chair. Eric Newton -Vice-Chair Bill Utton Shirley Van Steen Also Present: Mila Yeung,Assistant Secretary-Treasurer Lesley Dunne,Assistant Secretary-Treasurer (I)Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton Thatthe agenda for the Wednesday,August 15,2012 meeting be adopted with an amendment to move application PICA 35/12 so that it will be the last application to be heard. Carried Unanimously (II)Adoption of.Minutes Moved by Bill Utton Seconded by Eric Newton That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday,July 25,2012 be adopted as amended. Carried Unanimously 1 02 Committee of Adjustment Meeting Minutes VVednesday,August 15,2012 7:00 pm Council Chambers (III)Reports 1.PICA 46/12 -P.&M.Gujol 1710 Greenvale Crescent (Lot 6,Plan 40M-1402) City of Pickering The applicant requests relief from Zoning By-law 3036,as amended by By-law 1837/84,to permit a rear yard depth of 5.3 metres to an existing sunroom and a lot coverage of 41 percent,whereas the by-law requires a rear yard depth of 7.5 metres and a maximum lot coverage of 38 percent. The applicant requests approval of these variances in order to obtain a building permit for the proposed sLinroom. 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. Pedrito Gujol,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 Bill Utton That application PICA 46/12 by P.&M.Gujol,be Approved on the grounds that a rear yard depth of 5.3 metres to a existing sunroom and a lot coverage of 41 percent 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 existing sunroom,as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtain a building permit for the proposed construction by August 15,2014 or this decision shall become null and void. Carried Unanimously 2 Committee of Adjustment Meeting Minutes VVednesday,August15,2012 7:00 pm Council Chambers 03 2.PICA 47/12 -L.Moran 626 Park Crescent (West Part of Lot 33,Plan 331,Part 2,40R-7555) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a front yard depth of 3.6 metres,eaves and sills to project 1.0 metre into the required yards and a lot coverage of 42 percent to a proposed 2 storey detached dwelling, whereas the by-law requires a minimum front yard depth of 5.98 metres, maximum projection of eaves and sills into a required yard of 0.4 metres and a maximum lot coverage of 33 percent. The applicant requests approval of these variances in order to obtain a building permit for the proposed dwelling. 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 indicating all runoff must be contained on the applicant's property and directed towards the street as much possible. Dana Saccoccio,agent,was present to represent the application.Paul Schotemeyer of 672 Marksbury Road and Reiner Ullius of 677 Victory Drive were present in objection to the application. Dana Saccoccio explained the application and agrees with Staff recommendation. In response to questions and concerns,Dana Saccoccio indicated drainage and grading will be reviewed during the building permit process and the drainage will be contained on the subject property.She also mentioned there is already a 2 storey dwelling on the property which should not affect the neighbor's view. Paul Schotemeyer indicated concerns that the proposed dwelling will not blend in with the surrounding neighbourhood,will create super houses and block the view from his backyard .. Reiner Ullius indicated concerns with the proposed dwelling and drainage onto his property as well as excavation during construction. 3 ------------------------------------------- 04 Committee of Adjustment Meeting Minutes VVednesday,August 15,2012 7:00 pm Council Chambers Moved by Shirley Van Steen Seconded by Eric Newton That application PICA 47/12 by L.Moran,be Approved on the grounds that the front yard depth of 3.6 metres,eaves and sills to project 1.0 metre into the required yards and a lot coverage of 42 percent to a proposed 2 storey detached dwelling 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 2 storey detached dwelling, as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtain a building permit for the proposed construction by August 15,2014,or this decision shall become null and void.. Carried Unanimously 3.P/CA48/12 -D.&M.De Kerpel 1105 Ridgewood Court (Lot 39,Plan 40M-1607) City of Pickering The applicant requests relief from Zoning By-law 3036,as amended by By-law 2864/88,to permit a rear yard depth of 5.9 metres to a proposed second storey 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 for the proposed 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. Daan De Kerpel,owner,was present to represent the application.No further representation was present in favour of or in objection to the application. 4 Committee of Adjustment Meeting Minutes Wednesday,August 15,2012 05 7:00 pm Council Chambers Moved by Tom Copeland Seconded by Bill Utton That application PICA 48/12 by D.&M.De Kerpel,be Approved on the grounds that the rear yard depth of 5.9 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 deck,as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtain a building permit for the proposed construction by August 15,2014,or this decision shall become null and void. Carried Unanimously 4.PICA 49/12 -R.Koeder 661 Pleasant Street (Part Lot 1,Block D,Plan 65) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a f1ankage side yard width of 5.7 metres and a rear yard depth of 1.0 metre to a proposed detached garage,whereas the by-law requires a f1ankage side yard width of 7.5 metres and a rear yard depth of 3.0 metres. The applicant requests approval of these variances 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 also received from the City's Development Control Manager expressing no concerns. George Avramopoulos,agent,was present to represent the application.No further representation was present in favour of or in objection to the application. 5 06 Committee of Adjustment Meeting Minutes VVednesday,August15,2012 7:00 pm Council Chambers Moved by Eric Newton Seconded by Shirley Van Steen That application PICA 49/12 by R.Koeder,be Approved on the grounds that the f1ankage side yard width of 5.7 metres and a rear yard depth of 1.0 metre to a proposed detached garage 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 garage,as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtain a building permit for the proposed construction by August 15,2014,or this decision shall become null and void. Carried Unanimously 5.PICA 35/12 -Wintser Investments limited 415 Toynevale Road (Part of Lots 64 to 66,Part 1,Plan 40R-19738) City of Pickering The applicant requests relief from Zoning By-law 2511,as amended by By-law 1399/81 to permit a maximum of 73 children in a Day Nursery facility for the daytime care of children and a total of 300 children and students enrolled in either a day nursery or a private non-residential school at anyone time,whereas the by-law permits a day nursery facility for the daytime care of not more than 40 children at anyone time and a maximum total of 150 children and students .enrolled in either a day nursery or a private non-residential school at anyone time. The applicant requests approval of this variance in order to obtain zoning compliance to receive site plan approval. David Johnson,Committee Chair acknowledged the presence of Tracy MacCharles,MPP,Pickering-Scarborough East,Jennifer O'Connell,Regional Councillor -Ward 1,Peter Rodrigues,Regional Councillor -Ward 3 and Kevin Ashe,City Councillor -Ward 1. M.Yeung,Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning &Development Department recommending approval subject to conditions. 6 Committee of Adjustment Meeting Minutes Wednesday,August 15,2012 07 7:00 pm Council Chambers Written comments received from Ed Wilson,owner,requesting the application be deferred until a Traffic and Noise study be produced when the Blaisdale Montessori School is in full operation.Written comments were also received from City's Engineering Services and the Ministry of Education. A petition was received signed by property owners of 90 household in objection the application.A Commitment Statement was received with 120 signatures of summer school parents at the Blaisdale Montessori School to be respectful and courteous to the neightbours surrounding the school and in the community at large.Written comments were also received from Jennifer O'Connell,Regional Councillor -Ward 1,Norma Chittenden of 504 Rosebank Road,Richard Serville of 537 Lekani Court,Alex Tsoulis of 543 Mountain Ash Drive,Ian McFarland of 380 Toynevale Road in objection to the application. In response to questions and concerns from residents,M.Yeung,Assistant Secretary-Treasurer explained the background of the application,when the application was received,the Committee of Adjustment application process under the Planning Act,Committee of Adjustment Members role and responsibilities,the Ontario Municipal Board's role and responsibilities under the Planning Act.She also explained the comments received from the City's Engineering Services and the Ministry of Education. Lawrence Wilson,agent,was present to represent the application.He explained that a written request has been submitted to the City for a deferral until an independent traffic and noise study is completed when the Blaisdale Montessori School is in full operation.They anticipate that the studies should be available early October. Alex Tsoulis and Richard Amero of Mountain Ash Drive,Ian McFarland,Andy Emmink,Heather Wilkinson-Little,Marie Robinson,Carol &John King,Tony Prekas,Maureen Moosie,Catherine Coghlan and Elio Violo of Toynevale Road, Laura Kerr of Rosebank Road,Margaret Barnett,Pat Smith and Ruth Forfar of Oakwood Drive,Richard Serville,Teresa Bunting and Janice Mitchell of Lekani Court,Joseph Beckett of Frontier Court were present in objection to the "application.. Alex Tsoulis spoke on behalf of many residents that were present in objection to the application.Alex Tsoulis indicated the application should go to Council as this is a major variance and not "minor variance,Ministry of Education categories private schools as business w_hich is therefore unregulated by the Ministry of Education and not inspected by the government,the need for proper traffic and noise studies due to the major impact they have on the surrounding 7 08 Committee of Adjustment Meeting Minutes VVednesday,August 15,2012 7:00 pm Council Chambers neighbourhood,and compared the Montessori school site with Rosebank Public school site.Surrounding the Rosebank public school,there are crosswalks, school crossing signage and sidewalks on both sides of the street for children safety,whereas the Montessori school does not have crosswalks,signage,or proper sidewalks.Alex Tsoulis expressed concerns that the buildings are extremely close to houses surrounding the property,small play ground area,the number of children ana that the applicant's request for a deferral is by means a method for the applicant to start the upcoming school year with an enrollment number above the Zoning by-law permission. Andy Emmink expressed concerns for the safety of the children at this facility and if the application is deferred it will allow the Montessori school to operate illegally until a decision has been made.Andy Emmink also explained that under the Day Nursery Act reference checks on teachers are required bi-annually, whereas based on his investigation,no reference checks by the Montessori school has ever occurred. John King indicated the City's 2010 traffic counts on Toynevale Road is inaccurate because traffic sensors were set up east of the school site rather than west of the school site and was conducted on a Tuesday,Wednesday, Thursday a week before the Montessori school year started.John King expressed concerns with the length of time it takes to exit his driveway during peak times. Richard Amero indicated concerns with that the increased traffic during peak times is very disruptive,safety in and out of the neighbourhood and questioned if the Montessori school has a safety plan in place in the event of an emergency. Richard Amero noted there are traffic sensors currently on the road set up for the 2012 traffic counts and would like to see them placed west of the Montessori school entrance to get a true count of vehicles coming in and out of the site. Ian McFarland indicated he would have no problem filming the amount of traffic coming and going on Toynevale Road and submitting it to the City to review. Richard Serville indicated this application is not minor but a major variance. Richard Serville expressed concerns with the building being too close to the property line,the Ministry of Education grandfathered provisions and the City's lack of responsibility in reviewing and considering noise impacts. 8 Committee of Adjustment Meeting Minutes Wednesday,August 15,2012 09 7:00 pm Council Chambers Elio Violo expressed concerns that the total of 300 children and students enrolled is a major variance,there are already too many day care facilities,the safety of children crossing,without crossing guard or sidewalks,and the ability to exit his own driveway in the mornings.Elio Violo noted this is a business and it does not belong on their neighbourhood. Laura Kerr indicated there are two or three new subdivisions being constructed in the area which will increase the amount of traffic.Laura Kerr expressed concern with the wear and tear on the road due to the increased traffic and questioned who will be responsible for the improvements and light signals. Jennifer O'Connell,Regional Councillor -Ward 1,indicated she does not support the request for deferral from the applicant and feels if the application is . deferred it will allow the Montessori school to accept enrollment for the upcoming year.Jennifer O'Connell explained the City's 2010 traffic counts are taken over a 24 hour period which does not show the real traffic impact in the neighbourhood during peak times.Jennifer O'Connell also recognized the City is guilty of not having policies in place for the review of noise impacts on City roads. Peter Rodrigues,Regional Councillor -Ward 3,concurs with the concerns outlined by Councillor O'Connell and encourages the Committee to refuse the application. Kevin Ashe,City Councillor -Ward 1,noted that he has received a number of letters and comments from area residents in objection to the application,this is the third time this application has come before the Committee and for the Committee of"Adjustment Members to listen to the public's comments and concerns when considering their decision. . Tracy MacCharles,MPP,Pickering-Scarborough East noted she is a Member, Standing Committee on Social Policy and the Parliamentary Assistant to the Minister of Children and Youth Services.Tracy also noted that she will forward all comments and concerns that are beyond the jurisdiction of the Committee of Adjustment to the proper Ministry and level of government dealing with those issues.Tracy MacCharles indicated she supports the community and commented on how strong this community is. 9 10 Committee of Adjustment Meeting Min utes VVednesday,August15,2012 7:00 pm Council Chambers Moved by Tom Copeland Seconded by Bill Utton That the request from Wintser Investments Limited to defer the application to allow time for a independent Traffic study and a Noise study to be produced by the applicant when the Blaisdale Montessori School is in full operation be Refused. The Committee discussed the motion and concluded the motion was out of order. Moved by Eric Newton Not Seconded That application PICA .35/12 by Wintser Investments Limited,be Deferred to allow a Traffic and Noise study to be completed by both the Applicant and the City by the end of October 2012. Tom Copeland,Committee member,provided his written comments and opinion on the application. The Committee Chair adjourned the meeting in order for the Committee. Members to review the document submitted by Tom Copeland. The Committee adjourned at 9:45 pm. The Committee reconvened at 10:05 pm. Tom Copeland requested that his written comments and opinion on the application be submitted into the file. Moved by Tom Copeland Seconded by Bill Utton That application PICA 35/12 by Wintser Investments Limited,be Refused on the grounds that the maximum of 73 children in a Day Nursery facility for the daytime care of children and a total of 300 children and students enrolled in either a day nursery or a private non-residential school at anyone time 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 10 Committee of Adjustment Meeting Minutes VVednesday,August 15,2012 7:00 pm Council Chambers 11 (IV)Adjournment Moved by Bill Utton Seconded by Eric Newton That the 10th meeting of the 2012 Committee of Adjustment be adjourned at 10:06 pm and the next meeting of the Committee of Adjustment be held on Wednesday,September 5,2012. Carried Unanimously Date Chair Assistant Secretary-Treasurer 11 ~PICKERING 12 Report to Committee of Adjustment Application Number:PICA 29/12 Meeting Date:September 5,2012 (Deferred from July 25,2012 meeting) From: Subject: Application: Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Application PICA 29/12 M.&L.Raponi 334 Fiddlers Court (Part of Lot 18,Plan 228,Parts 1 &2,Plan 40R-15374) City of Pickering . The applicant requests relief from Zoning By-law 3036 to recognize a north side yard width and an east rear yard depth of 0.6 metres to an existing shed and to permit a south side yard width and an east rear yard depth of 0.6 metres to a newly constructed shed,whereas the by-law requires a minimum 1.0 metres setback to all lot lines for all .accessory structures. The applicant requests approval of this variance in order to obtain zoning compliance. Recommendation: The Planning &Development Department considers a south side yard width and an east rear yard depth of 0.6 metres to a newly constructed shed in the south east corner of the property to be major variances that are not desirable for the appropriate development of the land,and not in keeping with the general intent of the Zoning By-law, and therefore recommends Refusal of the proposed variances. And The Planning &Development Department considers a north side yard width and an east rear yard depth of 0.6 metres to an existing shed to the northeast corner of the 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 rear yard shed located in the north east corner of the lot,as generally sited and outlined on the applicant's submitted plans. Report PICA 29/12 Deferred from the July 25,2012 meeting September 5,2012 Page 2 13 Background: The Committee of Adjustment heard this application on July 4,2012 and on July 25,2012. At the July 4,2012 Committee of Adjustment meeting,the applicants requested that the Committee defer the application in order to give them time to review the application.On the July 25,2012 meeting,the applicants requested that the Committee defer the application in order for the Committee Members to do a site check. The Committee of Adjustment deferred the application on July 25,2012 to the September 5,2012 meeting in order to conduct a site visit and to provide an opportunity for the applicant to meet with the neighbours. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Area -Low Density Areas"within the Rougemount Neighbourhood Zoning By-law 3036 -"R4" Appropriateness of the Application Accessory Structures Setbacks Variances •the intent of the zoning by-law requiring accessory structures higher than 1.8 metres in height to be 1.0 metre setback from lot lines is to ensure that adequate maintenance access is available to the sides of the structures,ensure that the eaves do not encroach on the adjacent properties,ensure roof drainage stays on the subject property,and to minimize the visual impact that their Ibcation may have on adjacent properties •the existing north and east setbacks of 0.6 metres for the existing shed in the north east corner of the property is an existing situation that provides adequate maintenance access to the sides of the structures •the existing storage shed located in the north east corner of the lot has not negatively impact adjacent properties as it has been existing for numerous years •there have been no complaints regarding the roof drainage of the existing shed affecting abutting properties •the intent of the zoning by-law would be maintained •the applicant amended the'application to permit a south and east setbacks of 0.6 metres to the newly constructed shed whereas,the initial application was to permit setbacks of 0.4 metres to the south and east lot line •since the applicant is proposing to move the newly constructed structure,the applicant should move the structure to comply with the requirement of the By-law of 1.0 metres setback for accessory structures from all lot lines •given the subject property is a large lot,the applicant is able to effortlessly comply with the requirements of the By-law when constructing new structures 14 Report PICA 29/12 Deferred from the July 25,2012 meeting September 5,2012 Page 3 •the abutting neighbours that are most affect by the newly constructed shed provided their opposition to a reduced accessory structure setback to the south and east lot lines •the proposed reduce setback appears to adversely impact the adjacent property that is most visually affected by the proposed shed to the south of the property •the intent of the zoning by-law would not be maintained Input From Other Sources Development Control 7 neighbouring residents at: 333,336 &338 Fiddlers Court 1400,1404 &1408 Rougemount Drive 310 Tomlinson Court 5 Neighbouring Residents at: 306,309,325,329,&332 Fiddlers Court Date of report:August 29,2012 Comments prepared by: ~J,.tA}. MilaYeuner-\) Planner II MY:RP:ld cofaJreporlsl2012Jpca211-12-dflfll1fl'ld2.doc Enclosures •from a grading and drainage perspective all water which falls on top of these structures must be contained on the applicant's property •in opposition to the proposed setback of 0.4 metres to the newly constructed shed •no objection to the construction of a gazebo being within the 1.0 metre minimum setback •the proposed gazebo will improve the visual appeal of the community &£p Principal Planner -Development Review 15 \ """ J./ , I I ,,,{IN,.,,, """"" ) l;::II 8 ROUGE HILL ~~II \\ r-z:::Jo '"w'-':::Jo0: '-'\ I , f--- I-- I \, II FIDDLERS I o <50: DRIVE '\ I I ,,,,,,,ll,,,,,,,,,,,,,,,,,,,,, '"'''''''''''' \ \ I STREET ST.MONICA'S SoPARA To SCHOOL ~,,~ "'"'''''''' I - t-- I-- I I RD TWYN RIVERS=-== ,sLL~= ~w=;;:T I -0 ~RICrlARDSON CENT ,...- t-- ~RK •••....•STREET r--, _NI-- -~t--r-=V/'~ eJ _1-0=g STOVER CRESCENT ~==-I=/~==<31- -~I- HOOVER DRIVE L:::I-B I ==I-I a ,\I ~~I--==~L"~:~ tt>""DOLYN ~r-::e-~ ~~'I I ~~i \0'DRIVE -~,~"'- /I ==~~0-I I~<C_~V',~_0 L ~---...-~~~~==000 \.-';\-T-S -'---c '1 "- .---~~~'i.."- I-VALLEY GATE..---,BROOKRIDGE ~~>-\\=\-II \\0'llr---CHURCH (''-r--:A0 ~=Z';Z;~~No h .-r- I,City of Pickering Planning &Development Department PROPERTYDESCRIPTION Part Lol18,Plan 228,Part 1,40R-15374 OWNER M,&L,Raponl FILE No.PICA 29/12 DATE June 7,2012 SCALE 1 :5,000 DRAWNBY JB CHECKEDBY MY l' PN-5 16 Information Compiled from Applicant's Submitted Plan P/CA29/12 M.&L.Raponi To recognize a 0.6 metre setback --;j.77.:.7;;:/)~/".7,/'//>/7~7,~;~ (/,. !/~",") ]/.,~-;/EXISTING '>1 ~~DWELLING 1,./>'1f'>/'-~<~:~.~~'..:..~::,::/:>:',--::>:':.:'~~.::L::") E<0o-~•.-.. EXISTING'rT\11 SHED ~['06m PR~~~~EDCJ~O~ -----------.----Of -&-~- o '! '"3 54.8m 54.8m I-;1- 0:::II ~I 0U , (j)'-E I,~a:::,.10 .,~ W • --I I 0 r 0 f'l--,-u..,I To permit a 0.6 metre setback This map was produced by the City of Pickering Planning &Development Department. Planning Information Services division Mapping and Design,"June 19,2012. Information Compiled from Applicant's Submitted Plan PICA 29/12 M.&L.Raponi 17 .I ml.:lIf~"I.~ltT-.~Tl' \f SONO TUBE FOOTINGS WEST ELEVATION f ~o E N N SOUTH AND EAST ELEVATION This map was produced by the City of Pickering Planning &Development Department Planning Information Services division Mapping and Design,June 19.2012. 18 Report to Committee of Adjustment Application Number:PICA 50/12 Meeting Date:September 5,2012 From: Subject: Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Application PICA 50/12 R.Ramos 2026 Erin Gate Boulevard (Lot 6,40M-1969) City of Pickering Application: The applicant requests relief from Zoning By-law 3036,as amended by By-law 5493/99 to permit a f1ankage side yard width of 0.9 metres and a rear yard depth of 0.5 metres to a newly constructed shed,whereas the by-law requires a minimum f1ankage side yard width of 4.5 metres to an accessory structure and a minimum accessory structure setback of 1.0 metre to all lot lines. The applicant requests approval of these variances in order to obtain zoning compliance for the shed. Recommendation: The Planning &Development Department considers the rear yard depth of 0.5 metres to a newly constructed shed to be a major variance that is 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 variance. And The Planning &Development Department considers the f1ankage side yard width of 0.9 metres to a newly constructed shed 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 condition: 1.That this variance apply only to the accessory shed,as generally sited and outlined on the applicant's submitted plans. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Areas -Low Density Areas"within the Zoning By-law 3036 as amended by 5493/99 -"S4-3" Report PICA 50/12 Appropriateness of the Application September 5,2012 Page 2 19 Flankage Side Yard Variance •the intent of the 4.5 metres f1ankage side yard width requirement is to provide an adequate buffer space between street activity and to provide an adequate landscaped area in the f1ankage side yard of the property •there is an existing fence along the f1ankage side yard to distinguish private property from public property and street activity •the proposed f1ankage side yard width of 0.9 metres to the newly constructed shed provides an adequate buffer space between street activity and an adequate landscaped area is provided along the remainder of the f1ankage side yard •the intent of the zoning by-law would be maintained Accessory Structure Setback Variance •the intent of the zoning by-law requiring accessory structures that are higher than 1.8 metres to be 1.0 metre setback from all interior lot lines is to ensure that adequate maintenance access is available to the sides of the structures,ensure that the eaves do not encroach on the adjacent properties,ensure roof drainage stays on the subject property,and to minimize the visual impact that their location may have on adjacent properties •the proposed 0.5 metres setback to the newly constructed shed does not appear to provide adequate maintenance access to the sides of the structures •the intent of the zoning by-law would not be maintained Input From Other Sources Development Control Date of report:August 29,2012 Comments prepared by: 0J~~~ Mila Yeung Planner II MY:RP:ld cofalreporW20121pca50-12.doc Enclosures •all runoff from storm events must be contained on the applicant's property &,~p Principal Planner -Development Review 20 /V1 ~7~~w ...--:51 COURTt: I;;: ~\\- i"\-~-\ ~~)~) \ ~co",,\QO~~I .....•I~l V1 0-'"'"'"---0.., \S'1)i ~ij;1v I:::::::: Cl II 11\\'>-'"/r~fill .----'"-1==6 ~ ---I OJ ~~==SUBJECT I--:::::::::~ .IDARLIII~_f--PROPERTY~~~-l\'"--~==IC [3-~1111~r:::~~ !five ____ o RT ~==~-f---r~~= NAC ~= ~SWAN PLACE ~/ REGAL ~I-=I I II \)r-:r'cSCeNT -NfllllllIllllllll II/III :=1 /I =FINCH .AVENUE '"-- ~U "?,~\lllil ~""'"FINCH AVE'I I II~\~D PARKS/DE DRIVEf-r=--~~,~,r ~I --'I "- ~I ( ~~I--:TAPLINI:::/'ROAD Im/111111,II1III II1I ill ~\w ---j~-j I CELANO COURT ~\_Cl~~\ 111111111111 III IllflIr(i ~T\(:\\f--\COURT X ,,\ I I I I I I I I I I \\,./tr--\\ City of Pickering Planning &Development Department PROPERTY DESCRIPTION Lot 6,Plan 40M-1969 l'OWNER R.Ramos DATE Aug.8,2012 DRAWN BY JB FILE No.PICA 50/12 SCALE 1 :5,000 CHECKED BY MY '"••o••~c•••,PN-10~~o'"f2"~p~e~n':J.it.'~~.1~-:"!t~.lI""..r:~~:"'R••~~~Qd~tIINo~e':."'::""d~~;ts~~"."e>f .UI'Ve)'. ------------------------------~~~~-~----~----- 21 Information Compiled From Applicant's Submitted Plan PICA 50/12 -R.Ramos To permit an accessory structure rear yard de th of 0.5 metres 0.9m •• To permit an accessory structure fiankage side yard width of 0.9 metres ERIN GATE BOULEVARD 30.2m 05m __~S 2.4m SHED 3.9m EXISTING DWELLING 34.9m 0.8m 8.1m m;::0 Z G) ~m'"a OJ 3 0 Crm ~;::0o This map was produced by the City of Pickering Planning &Development Department,Planning Information Services Division Mapping and Design, Aug 21,2012. 22 Information Compiled From Applicant's Submitted Plan PICA 50/12 •R.Ramos I T T I I I I I I I T I r I \.,I 0 0 E ""N0 ... •2.4m FRONT 17m SIDE O.9m This map was produced by the City of Pickering Planning &Development Department,Planning Infonnation Services Division Mapping and Design, Aug 21,2012. ~ I I I1<ERrNG Report to Committee of Adjustment Application Number:PICA 52/12 Meeting Date:September 5,2012 23 From: Subject: Application: Ross Pym,MCIP,RPP Principal Planner -Development Review Committee of Adjustment Application PICA 52/12 L.&R.Gaskin 1107 Windgrove Square (Lot 1,Plan 40M-1706) City of Pickering The applicant requests relief from Zoning By-law 3036,as amended by By-law 3686/91 to permit a rear yard depth of 7.2 metres to a proposed sunroom and deck,and a lot coverage of 41 percent,whereas the by-law requires a rear yard depth of 11.0 metres and a maximum lot coverage of 38 percent. The applicant requests approval of these variances in order to obtain a building permit for the proposed sunroom onto part of the existing deck in the rear yard. Recommendation: The Planning &Development Department considers the rear yard depth of 7.2 metres to a proposed sunroom and deck and a lot coverage of 41 percent 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 sun room and existing deck,as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtains a building permit for the proposed construction by September 5,2014,or this decision shall become null and void. 3.That the applicant removes the existing shed that is.currently sited on the municipal storm sewer easement by December 5,2012,or this decision shall be null and void. 24 Report PICA 52/12 Comment: Official Plan and Zoning By-law September 5,2012 Page 2 Pickering Official Plan -"Urban Residential Area -Low Density Areas"within the Liverpool Neighbourhood Zoning By-law 3036 as amended by 3686/91 -"S3-2" Appropriateness of the Application Rear Yard Depth Variance •the intent of the minimum 11.0 metre rear yard depth is to ensure that a useable amount of amenity space is provided in the rear yard,provide an appropriate buffer space between dwellings and the preservation of mature trees along the easterly boundary of the property •the proposed rear yard depth of 7.2 metres will provide a significant amount of useable amenity space in the rear yard,an appropriate buffer space between the west and east abutting dwellings and it will not disturb the mature trees along the easterly boundary of the property •no trees are proposed to be cut as a part of this application •the easterly property boundary is heavily vegetate with mature trees which will minimize the visual impact of the proposed sunroom to the abutting neighbours •the proposed variance appears to have minimal adverse impact on the abutting neighbours as an acceptable amount of buffer space will remain •the intent of the zoning by-law would be maintained Lot Coverage Variance . •the intent of the maximum 38 percent building lot coverage requirement is to maintain an appropriate amount of yard space (amenity area)uncovered by buildings on a lot and to regulate the maximum size and mass of buildings on a lot •the proposed lot coverage of 41 percent for the proposed sunroom provides an appropriate amount of yard space uncovered by buildings •the proposal appears to have no adverse impact •the intent of the zoning by-law would be maintained Input From Other Sources Development Control •all runoff from storm events must be contained on the applicant's property . •the applicant has a shed located in a municipal storm sewer easement that should be removed from the easement lands Report PICA 52/12 Date of report:August 29,2012 Comments prepared by: CVLtJ.h Mila Yeung . Planner II MY:RP:ld cofalreportsl2012JpclIS2.12.doc Enclosures September 5,2012 Page 3 &£p Principal Planner -Development Review 25 HYDRO. '---J '[I 1 U ~MAPLE GATE ROAD I r/'--W I-----TRAILWoo6""/=g 1 \T I::i~RT,--~N':/{~WE==g;!-Oar ~/"\'" -WILDROSE U::::--~~//7 m\--CEDARWOOD '.,.". -COURT ~'-I I \' RA ~'I,II SUBJETh ~ r1 MA~~Y I I TJ2-...\'III T PROPER '-'CORRIDOR~~..:::r ~\'II/IT!lIlT /1/-==--t.\:::.--_i==----.J WINDGROVE ~-LL I T v -I--==_-~RVsg ~-SU T ITT SHERMAN ~~,es";n ,~:::c ,,~"'r 0 ~'It'f''(T';!: \~I I /~-~~.•..D~/ U'COLONIAL STREhL I ~ff ~r"-- CRESCENT -(~~PLE RIDGE DRIVE \------1 ---1 1 1 °t==11 ~I ,/_C5 t==1--..,..VI--t= ~~BENTON ...----'"::.--- HEIGHTS !6 I I T I--I t=f-_PEBBLESTONE ~-~r t= PARK /"I--1----1==t Zw _,//_f---'-u -!/'I---~0 /-M 1-_ ~\:::=_7 I:::._rn-/=E r=i ~~-5=.lL -I--w _==eRES,"'0 -~-.L--__-_I--U __ I--==ll-_0 -_1.-="__'"ST.I$4AC f'1_<==JOGUES~-(L--f'1 =:===rT rr =ST.ISM'SEPARATE f---«-L---;::--1:::::====JOGUE!'f-SCHOOL f.--0 '-'-It=~~X\'\\,g ~IIIIII\\~~:t:~~~t=~rD7 ~ .'~ill-Jh~~\'\ T7A~~\ City of Pickering PROPERTY DESCRIPTION Lot 1,Plan 40M-1706 OWNER L.&R.Gaskin FILE No,PICA 52/12 - IREHALLI- NO.6 I-- TTTTTJl>b -):::::_L.-_1-======CJ-==u_=tJ=.:-"'-_u _FINCH AVE ~II ld~~s II III::::Y GLOUCESTER tl--w I ~g I--~~I-- f--".t--:I-- I ~f::::::~f-- f--I--LUTT'rnii "'".1 r s:I I ~1=1/CRT;=~A,J--ULMU t= Planning &Development Department DATE Aug.14,2012 DRAWN BY JB ""J'SCALE 1 :5,000 CHECKED BY MY PN.10 Information Compiled From Applicant's Submitted Plan PICA 52112- L.&R.Gaskin To permit a rear yard depth of 7.2 metres ~'"o3 , 'I -,4.2m _-.3M!!!..._._ a.6m ExISTINO I.- .26 ..4m._._.~._._._._.~HE __._? a.6m EXISTING DWELLING .,.-;-:-;~._._- .----.'.':":"':':-. 6.1m I~ .0 13 I L_.__._._._. 1-'-'-'-'-'-' I LU0:::«~a Cf) LU>o0:::<.9oz S To permit a lot coverage of 41 percent This map was produced by the City of Pickering Planning &Development Department,Planning Information Services Division Mapping and Design, Aug 21,2012. 28 Information Compiled From Applicant's Submitted Plan PICA 52/12 - L.&R.Gaskin This map was produced by the Cily of Pickering Planning &Development Department,Plann~g information SefVices Division Mapping and Design. Aug 21,2012.