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HomeMy WebLinkAboutSeptember 26, 2012Committee of Adjustment Agenda Meeting Number: 12 Date: Wednesday, September 26, 2012 Committee of Adjustment Agenda Wednesday, September 26, 2012 7:00pm Main Committee Room (I) Adoption of Agenda (II) Adoption of Minutes from September 5, 2012 (Ill) Reports 1. Deferred from the September 5, 2012 meeting PICA 50112-R. Ramos 2026 Erin Gate Boulevard (Lot 6, Plan 40M-1969) City of Pickering Page Number 1-7 8-12 2. PICA 51112-CMC Homes Inc. 13-20 478 490 Kingston Road (Part Lot 161 and Lot 162, Plan 816, Part 1, 40R-4158) City of Pickering 3. PICA 53112-S. Ebejer & J. De Silva 21-25 1914 Glenview Road (Lot 35, Plan 509) City of Pickering 4. PICA 54112-M. & L. Gertsen 26-30 1929 Glenview Road (Lot 20, Plan 509) City of Pickering 5. PICA 55112-D. McAulay 31-35 178 Thicket Crescent (Lot 46, Plan 40M-1778) City of Pickering 6. PICA 57112-A. & J. Haggarty 36-41 5048 William Street (Lot 19, Plan 40M-1482) City of Pickering (IV) Adjournment Accessible •-- PICKER,~,G For information related to accessibility requirements please contact Lesley Dunne T. 905.420.4660, extension 2024 TTY 905.420.1739 Email ldunne@pickering.ca 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 Tom Copeland Seconded by Shirley Van Steen Committee of Adjustment Meeting Minutes Wednesday, September 5, 2012 01 7:00pm Main Committee Room That the agenda for the Wednesday, September 5, 2012 meeting be adopted with an amendment to move application PICA 29/12 so that it will be the last application heard. (II) Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton Carried Unanimously That the minutes of the 1Oth meeting of the Committee of Adjustment held Wednesday, August 15, 2012 be adopted as amended. Carried Unanimously 1 (Ill) 1. Committee of Adjustment Meeting Minutes Wednesday, September 5, 2012 7:00pm Main Committee Room Reports PICA 50112-R. Ramos 2026 Erin Gate Boulevard (Lot 6, 40M-1969) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5493199 to permit a flankage 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 flankage 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. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal to the rear yard depth to a newly constructed shed. The Planning & Development Department recommended approval for the variances related to the flankage side yard width to a newly constructed shed subject to a condition. Written comments were also received from the City's Development Control Manager indicating that all runoff from storm events must be contained on the applicant's property. Ruel Ramos, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Ruel Ramos noted a letter was submitted with the application that was signed by the owners of 2024 Eric Gate Blvd. giving their consent to build the shed less than 1.0 metre from the lot line. In response to a question from a Committee Member, Reul Ramos clarified the location of the shed in the rear yard and realized the site plan submitted with the application was incorrect. Moved by Shirley Van Steen S~conded by Bill Utton That application PICA 50112 by R. Ramos, be Deferred until the next meeting to allow the applicant time to resubmit an accurate site plan for the application. Carried Unanimously 2 Committee of Adjustment Meeting Minutes Wednesday, September 5, 2012 7:00pm Main Committee Room 2. PICA 52112 -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. 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 that all runoff from storm events must be contained on the applicant's property, and that the applicant has a shed located in a municipal storm sewer easement that should be removed from the easement lands. Pasha Afshar, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Eric Newton That application PICA 52112 by L. & R. Gaskin, be Approved on the grounds that the rear yard depth of 7.2 metres to a proposed sunroom and deck 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 proposed sunroom 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 03 (} l ,'t Committee of Adjustment Meeting Minutes Wednesday, September 5, 2012 7:00pm Main Committee Room 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. 3. (Deferred from July 25, 2012 meeting) PICA 29/12-M. & L. Raponi 334 Fiddlers Court Carried Unanimously (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. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal to the south side yard width and an east rear yard depth to a newly constructed shed. The Planning & Development Department recommended approval for the variances related to the north side yard width and an east rear yard depth to an existing shed subject to conditions. Written comments were also received from the City's Development Control Manager indicating all drainage from the structure must be contained on the subject property. Correspondence was received from 7 neighbouring residents in opposition to the proposed setback of 0.4 metres to the newly constructed shed. Correspondence was received from 5 neighbouring residents expressing no objection to the construction of a gazebo being within the 1.0 metre minimum setback and stated that the proposed gazebo will improve the visual appeal of the community. Mario Raponi, owner, was present to represent the application. Josiv Stevanovski of 336 Fiddlers Court, Maria Graefe of 1408 Rougemount Drive and Bill Peolis of 333 Fiddlers Court were present in objection to the application. 4 Committee of Adjustment Meeting Minutes Wednesday, September 5, 2012 n r· 7:00pm ,., J Main Committee Room Josiv Stevanovski provided a history of the property. He also provided pictures for the Committee Members to review of the water runoff onto his property that occurred from the recent rainfall. In response to a question from a Committee Member, Josiv Stevanovski explained the negative impact of this variance application is the drainage and water runoff onto his property and basement. Maria Graefe provided a history of the property. She also indicated at the time a complaint was placed with City in May the shed floor and two walls were already constructed and in June it was completed. The applicant should have been aware of the Zoning By-law requirements and the need to comply before building the shed. In response to a question from a Committee Member, Maria Graefe explained the negative impact of this variance application is the shed has been not built in compliance with the By-law. Bill Peolis indicated the applicant should have known the requirements of the local by-laws before building. He also stated he signed a petition in objection to the setback of the newly constructed shed in the rear yard. Moved by Shirley Van Steen Not Seconded That application PICA 29/12 by M. & L. Raponi, be Approved on the grounds that the 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 and the north side yard width and an east rear yard depth of 0.6 metres to an existing shed in the north east corner of the property 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 condition: 1. That these variances apply only to the existing rear yard shed located in the north east corner of the lot and the newly constructed shed located in the south east corner of the lot, as generally sited and outlined on the applicant's submitted plans. 5 Committee of Adjustment Meeting Minutes Wednesday, September 5, 2012 7:00pm Main Committee Room Moved by Eric Newton Seconded by Bill Utton That application PICA 29112 by M. & L. Raponi, be Refused on the grounds that 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 are 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 That application PICA 29112 by M. & L. Raponi be Approved on the grounds that a north side yard width and an east rear yard depth of 0.6 metres to an existing shed in the north east corner of the property 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 condition: 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. Vote Tom Copeland David Johnson Eric Newton Bill Utton Shirley Van Steen (IV) Adjournment Moved by Bill Utton in favour in favour in favour in favour opposed Seconded by Shirley Van Steen Carried That the 11th meeting of the 2012 Committee of Adjustment be adjourned at 7:55 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 26, 2012. Carried Unanimously 6 Date Chair Assistant Secretary-Treasurer Committee of Adjustment Meeting Minutes Wednesday, September 5, 2012 7:00pm 07 Main Committee Room 7 ns Report to Committee of Adjustment Application Number: PICA 50112 Meeting Date: September 26, 2012 (Deferred from September 5, 2012 meeting) From: Ross Pym, MCIP, RPP Subject: Application: Principal Planner-Development Review Committee of Adjustment Application PICA 50112 R. Ramos 2026 Erin Gate Boulevard (Lot 6, 40M-1969) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5493199 to permit a side yard width of 0.5 metres and a rear yard depth of 0.9 metres to a newly constructed shed, whereas the by-law requires 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 side yard width of 0.5 metres and a rear yard depth of 0.9 metres to a newly constructed shed 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 Zoning By-law, and therefore recommends Approval of the proposed variance subject to the following conditions: 1. That these variances apply only to the accessory shed, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant installs eaves that direct the runoff away from adjacent neighbours and ensures the all runoff from storm events will be contained on the applicant's property by December 17, 2012, or this decision shall be null and void. Background: The Committee of Adjustment heard a similar application on the subject property on September 5, 2012. The application was deferred by the Committee of Adjustment to the September 26, 2012 meeting to allow the applicant time to resubmit a site plan that accurately illustrates the proposed location of the newly constructed shed. The shed was originally indicated in the north-west corner of the rear yard whereas the revised plans show the shed in the south-west corner of the rear yard. Due to the revised plan submission, the Notice of Hearing was re-circulated. This report reflects the variances required for the accurate location of the proposed shed. Report PICA 50/12 Comment: Official Plan and Zoning By-law September 26, 2012 Page 2 [J 9 Pickering Official Plan..!'Urban Residential Areas-Low Density Areas'within the Zoning By-law 3036 as amended by 5493/99...!S4-3' Appropriateness of the Application • 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 and 0.9 metres setbacks to the newly constructed shed appears to have an adequate maintenance access to the sides of the structure • the applicant should provide eaves on the shed to ensure all runoff is directed away from abutting neighbours and that all runoff from storm events will be contained on the applicanfs property • the intent of the zoning by-law would be maintained Input From Other Sources Development Control Owner of 2024 (abutting property to the south) Date of report: September 19, 2012 Comments prepared by: ~~ Planner II MY:RP:Id cofa/reports/2012/pcaS0-12-deferred .doc Enclosures • all runoff from storm events must be contained on the applicanfs property • no objections to a shed with a less than 1.0 metres from their shared lot line R&£pp Principal Planner-Development Review 10 (/) w f- I ~~~~uu~~~UD~~ City of Pickering PROPERTY DESCRIPTION lot 6, Plan 40M-1969 OWNER A. Ramos FILE No. P/CA 50/12 Planning & Development Department DATE Aug. 8, 2012 DRAWN BY JB 1' SCALE 1 :5,000 CHECKED BY MY PN-10 0.9m _. w (J1 3 I< To permit an accessory structure rear yard depth of 0.9 metres Information Compiled From Revised Applicant's Submitted Plan PICA 50/12 -R. Ramos 11 ERIN GATE BOULEVARD 30.2m 3.9m EXISTING DWELLING ~r------------------- -.J 34.9m 0.6m To permit an accessory structure side yard width of 0.5 metres m ;;:o z G) ~ 6.1m m (.0 0 OJ 3 0 c r m _j ~ ;;:o 0 This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Aug 21, 2012. 12 l l I I T I I ~ Information Compiled From Revised Applicant's Submitted Plan PICA 50/12 • R. Ramos l l I l l I l I I I I I l I I I I I I l I I l I I I I I T 0 0 2.4m FRONT I l l T T I T T r I I l D E "<:!: N t+----1.7m ------....,.l---0.9m SIDE This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Aug 21,2012. From: Subject: Application: Ross Pym, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 51112 13 Meeting Date: September 26, 2012 Principal Planner-Development Review Committee of Adjustment Application PICA 51/12 CMC Homes Inc. 4 78 490 Kingston Road (Part Lot 161 and Lot 162, Plan 816, Part 1, 40R-4158) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 2457187 to permit a front yard depth of 3.0 metres, a flankage side yard width of 3.0 metres, a building height of 11.2 metres, 20 parking spaces and a canopy lot coverage of 11 percent, whereas the by-law requires a minimum front yard depth of 14.0 metres, a flankage side yard width of 14.0 metres, maximum building height of 10.0 metres a minimum 47 parking spaces and a maximum canopy lot coverage of 3 percent. The applicant requests approval of these variances in order to obtain site plan approval and building permits. Recommendation: The Planning & Development Department considers the front yard depth of 3.0 metres, a flankage side yard width of 3.0 metres, a building height of 11.2 metres, 20 parking spaces and a canopy lot coverage of 11 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 office building, gas station and convenience store, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. 3. That the applicant consolidate existing Roll Numbers, Property Identification Numbers (PINs) and Addresses into one number for each by September 26, 2013, or this decision shall become null and void Report PICA 51/12 September 26, 2012 Page 2 Background: The By-law for the subject property was passed by Council in 1987. A Community Meeting was also held by the owner in the 1990s after the passing of the by-law but the proposed development is only moving forward now. The subject development has been presented at the City's Site Plan Committee and the general concept is supported. The applicant is now evolving the detailed site design including landscaping, building design, and fencing (including a noise attenuation fence where the subject properties abut residential uses). Comment: Official Plan and Zoning By-law Pickering Official Plan -"Mixed Use Areas -Mixed Corridors" within the Woodlands Neighbourhood Zoning By-law 3036 as amended by By-law 2457/87-"SC-22/GS3" Appropriateness of the Application Front Yard Depth and Flankage Side Yard Width Variances • the intent of the front yard depth and flankage side yard width requirements are to provide an adequate buffer space between street activity • when the By-law was passed, Kingston Road was a provincial road that required larger setbacks, Kingston Road is now a Regional Road and streetscape design polices have changed to encourage a "mainstreet" design • since the passing of the by-law, the Region of Durham has acquired additional lands for road widening and therefore the flankage side yard setback to the building office have been further reduced • Pickering Official Plan designates Kingston Road as the Transit Spine and Rosebank Road as the Type C Arterial Roads • the proposed front yard depth and flankage side yard width of 3.0 metres provide an adequate buffer space between street activity and promotes a pedestrian oriented streetscapes that encourages pedestrian activity along .Kingston Road and Rosebank Road • the intent of the Official Plan and Zoning By-law will be maintained Building Height Variance • the intent of the maximum building height of 10.0 metres is to minimize the visual impact of buildings to abutting properties • with Kingston Road being a Transit Spine and Rosebank Road a the Type C Arterial Roads, the proposed building height of 11.2 metres is an appropriate height to create a mainstreet feel by providing an appropriate building massing • the intent of the Official Plan and Zoning By-law will be maintained Report PICA 51/12 September 26, 2012 Page 3 i5 Minimum Parking Space Variance • the intent of the minimum parking space requirement in the zoning by-law is to ensure an adequate amount of parking spaces are provided on-site to serve the property users • in a Parking Needs/Drive Through Assessment study submitted by the applicant the following conclusions were made: • peak parking demand was shown to be reduced by 25 to 35 percent when a drive through is provided • estimate 8 vehicles parking is required to accommodate the proposed gas station, convenience store and drive-through uses • estimate 14 vehicles parking is required to accommodate the proposed peak demand for the office component • peak parking demands for the office component compare to the gas station, convenience store and drive through differs and therefore, 20 vehicle parking spaces is adequate • the parking requirement in the by-law was based on a previous proposal and provided a fixed number of required parking spaces as opposed to a ratio of parking spaces to floor area • Kingston Road and Rosebank Road is a major intersection that should encourage alternative modes of transportation to support the Pickering's Official Plan objectives of making Kingston Road as the Transit Spine and mainstreet • the proposed number of parking spaces for the subject property appears to provide an adequate amount of parking spaces to serve the property users • the intent of the Official Plan and Zoning By-law will be maintained Canopy Lot Coverage Variance • the intent of the maximum lot coverage requirement is to ensure that there is an appropriate amount of area uncovered by a canopy and to regulate the maximum size and mass gas station canopy • an appropriate canopy size and amount of area uncovered by a canopy is proposed • the canopy lot coverage requirement was based on a design of a specific previous proposal that is not reflective of the current design • the intent of the By-law will be maintained Input From Other Sources Toronto and Region Conservation Authority Development Control • no objection • no comments Report PICA 51/12 Site Plan Committee Owner of 512 Kingston Road (north east corner lot of Rosebank Road and Kingston Road) Date of report: September 19, 2012 Comments prepared by: ~h Mila Yeung Planner II MY:RP:Id cofa/reports/2012/pca51-12.doc Enclosures September 26, 2012 Page4 • Committee endorsed the proposed variances on August 22, 2012 at the Site Plan Committee Meeting • in opposition of the requested variances • front yard depth and flankage side yard width reduction does not provide enough room for landscaping • major concern with the reduced parking spaces on the subject property as it will exacerbate the existing illegal parking issues on 512 Kingston ~oad • by allowing more retail convenient stores, it will cause existing retail stores to struggle as Highway 2 is already overloaded with retail • these are major variances not minor &£pp Principal Planner-Development Review 17 llc \ - - - r- r- r- r- 1-w > 1-cr: 1-0 r- r- I-- r- 1----1!--1-rrTiS'iTE~E~PrLET--r----,..,...,...~H IFlL 1------l-g I 1------l-~ t-'--...L.l..-f---l--L-LJ 1------l-:r: -~1-----1 STEEPLE i- i-I i- ,____ r- HILL r-1 ---4or---+---4 / Sr---+---4 HILL ~ COMMUNI ~ I \ ~ r----+..----r----r-1 !1------'~t::E:::::::\:Mt" CH: // c..? I ,r-----1,'\ IE ~~ / : ~t===!._--t-~"---~~ \ \ ROAD / ~21-------\\ PETTICOAT CRE. / / ---r-FIREHALL t-...... -..--J..--JJ.-.---,J__.,gl ~"'-RARY AND ~~V}vNo. 2 V H RO,UGIE HILIL )--.....,_\ OMMUN!TY BJECT \ ---.....____ CENTRE PR-(~PERTY ( ~~~-/~ ~ ;; I ~ -~ ~ ~~ ._o ~-<?<1o'<" PA K 'EEPL ~ VE ,,. 1-- City of Pickering Planning & Development Department PROPERTY DESCRIPTION Plan 816, Part Lot 161, RP 40R·4158, Part 2 and Plan 816 Lot 162 OWNER CMC Homes Inc. DATE Aug. 14,2012 DRAWN BY JB FILE No. P/CA 51/12 SCALE 1 :5,000 CHECKED BY MY PN-10 18 jl ·I !! .• To permit an accessory retail use / ' w (.) oz w!:!:! CI)Z oww a..>o:: ozo o::Ot- Cl..OCI) I Information Compiled From Applicant's Submitted Plan PICA 51/12- CMC Homes Inc. To permit 20 parking spaces To permit a canopy lot coverage of 11 pencent 1 1 t I To permit a lot front yard depth of 3.0 metres To permit a flankage side yard width of 3.0 metres To permit a building height of 11.2 metres This map was produced by the City of Pickering Planning & Development Department. Planning Information Services Division Mapping and Design, Sept 6, 2012. 19 Information Compiled From Applicant's Submitted Plan PICA 51/12 · REAR ELEVATION FRONT ELEVATION SIDE ELEVATIONS CMC Homes Inc. This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Sept 6, 2012. 20 BUSINESS OFFICE ELEVATION rr E E <!:!I "<t 0, "+-tt -r"" Ill ~ l E I J T l ~t~i~ 1 0~ j 1 ~,t--=r ~ ,, 1 -. : ...Ji j I < 1 J: 0 0 Information Compiled From Applicant's Submitted Plan PICA 51/12- CMC Homes Inc. -- I J ! I I I I rt - r r l [ l l L l l I I }/ I I J This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Sept 6. 2012. Citq o/ From: Subject: Application: Ross Pym, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 53112 21 Meeting Date: September 26, 2012 Principal Planner-Development Review Committee of Adjustment Application PICA 53112 S. Ebejer & J. De Silva 1914 Glenview Road (Lot 35, Plan 509) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a front yard depth of 6.5 metres to a proposed covered front porch and stairs, whereas the by-law requires a front yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed detached dwelling with a covered front porch. Recommendation: The Planning & Development Department considers the front yard depth of 6.5 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 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 covered front porch and stairs, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Area -Low Density Areas" within the Liverpool Neighbourhood Zoning By-law 3036 -"R3" Report PICA 53/12 September 26, 2012 22 Page2 Appropriateness of the Application Front Yard Depth Variance • the intent of the front yard depth requirement is to provide an appropriate buffer space between street activity, an adequate landscaped area within the front of the property and sufficient space for the parking of vehicles in front of a garage • the proposed front yard depth provides appropriate buffer space between street activity and the building and landscaped area within the front of the property • the proposed front yard reduction is only to the covered porch and steps and therefore is not impacting the parking of vehicles in a driveway in front of the dwelling · • the intent of the zoning by-law would be maintained Date of report: September 19, 2012 Comments prepared by: ~h Mila Yeung Planner II MY:RP:Id cofa/reports/20 12/pca53-12 .doc Enclosures K~~ Ross Pym, MCIP, RPP Principal Planner-Development Review - r--- -- - City of Pickering GLENGROVE PARK SUBJECT PROPERTY PROPERTY DESCRIPTION lot 35, Plan 509 OWNER S. Ebejer & J. DeSilva FILE No. P/CA 53/12 GLENGROV£ PUBLIC SCHOOL r---II LANE DATE Aug. 29,2012 DRAWN BY JB SCALE 1 :5,000 CHECKED BY MY 23 PN-12 ----------------------------- Information Compiled From Applicant's Submitted Plan PICA 53/12 · S. Ebejer & J. DeSilva 68.5m ' PROPOSED COVERED PORCH ADDITION ) ;--....... ':-•• .. ..--...r7"''.~f;-/-rr<".f ' ~ 1 ·~:r 6.5m_. ~ EXISTING t --~ . I ; DWELLING ~ . 4 j .r···"··"·-. ·l· ~i '{' ;,t, F }, o permit a front yard epth of 6.5 metres ! ·-""' -·; 0 <( 0 0::: s UJ > z UJ _J (9 This map was produced by the City of Pickering Planning & Development Department. Planning Information Services Division Mapping and Design, Sept. 6, 2012. I : I I .. J 25 Information Compiled From Applicant's Submitted Plan PICA 53/12- S. Ebejer & J. DeSilva r-1 , I ! i I I j_j :--1 I I . I l _ _j r·--1 I I I I L ____ _j FRONT (EAST) ELEVATION ,-I . I I i L __ _j [J This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Sept. 6, 2012. ----------------------------------- 26 From: Ross Pym, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 54112 Meeting Date: September 26, 2012 Principal Planner-Development Review Subject: Application: Committee of Adjustment Application PICA 54112 M. & L. Gertsen 1929 Glenview Road (Lot 20, Plan 509) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a front yard depth of 5.4 metres and a side yard width of 1.2 metres to the existing dwelling and proposed addition and covered porch, whereas the by-law requires a front yard depth of 7.5 metres and a minimum side yard width of 1.8 metres. The applicant requests approval of these variances in order to obtain a building permit for the proposed addition and covered porch. Recommendation: The Planning & Development Department considers the front yard depth of 5.4 metres and side yard width of 1.2 metres to the existing dwelling and proposed addition with a covered porch 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 dwelling and proposed addition and covered porch, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by September 26, 2014, or this decision shall become null and void. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Area -Low Density Areas" within the Liverpool Neighbourhood Zoning By-law 3036 -"R3" Report PICA 54/12 September 26, 2012 Page 2 Appropriateness of the Application Front Yard Depth Variance • the intent of the 7.5 metres front yard depth requirement is to provide an appropriate buffer space between street activity, an adequate landscaped area within the front of the property and sufficient space for the parking of vehicles in front of the garage • the proposed front yard depth of 5.4 metres provides adequate buffer space between street activity and the building • since the subject property is a wide lot, there is adequate landscaped area within the front of the property • the proposed front yard reduction is only to a portion of the lot width and the driveway on the property is a semi circle providing sufficient space for parking of vehicles • there appears to be no adverse impact to the subject property • the intent of the zoning by-law would be maintained Side Yard Width Variance • the intent of the minimum 1.8 metre side yard width is to provide an appropriate buffer space between structures on abutting properties • a side yard width of 1.2 metres provided an appropriate buffer space between structures on abutting properties • the existing dwelling with a side yard width of 1.2 metres is an existing situation • the intent of the zoning by-law would be maintained Date of report: September 19, 2012 Comments prepared by: ()ij}h Mila Yeung Planner II MY:RP:Id cofa/reports/20 12/pca54v 12. doc Enclosures R&£p Principal Planner-Development Review ') 7 t .. 28 GLEN GROVE PARK City of Pickering GLENGROVE PUBLIC SCHOOL PROPERTY DESCRIPTION Lot 20 Plan 509 OWNER M. & L. Gertsen FILE No. PICA 54/12 FINCH r--II LANE Planning & Development Department DATE Sept. 4, 2012 DRAWN BY JB SCALE 1 :5,000 CHECKED BY MY PN-12 0 <( 0 cr:: s UJ > z UJ _J (9 11 ~8.9m 5.4m ___... Information Compiled From Applicant's Submitted Plan PICA 54/12- M. & L. Gertsen To permit a front yard depth of 5.4 metres I .. 75.8m I I -· 2.7m EXISTING DWELLING 1- I I'-EXISTING 23 ____ :!I ll p SHED -id ---' \ --.. ~m 75.8m PROPOSED ADDITION To permit a side yard width of 1.2 metres This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Sept 6, 2012. 30 -h "' '".:l.. Information Compiled From Applicant's Submitted Plan PICA 54/12 · M. & L. Gertsen FRONT (WEST) ELEVATION -,~ "' -!:t:,._. ~--~~ :;!~ ':i.~ "t~ ~ '4-r. ---';:;.;-----"t---·~ ~. ·""· -···~ SIDE (NORTH) ELEVATION "' i ' ' - ' : " ' ,. q'l ' This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Sept 6, 2012. From: Ross Pym, MCIP, RPP Report to Committee of Adjustment 31 Application Number: PICA 55112 Meeting Date: September 26, 2012 Principal Planner-Development Review Subject: Application: Committee of Adjustment Application PICA 55112 D. McAulay 178 Thicket Crescent (Lot 46, Plan 40M-1778) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271193 to permit a proposed shed in the side yard with a side yard width of 0.6 metres, whereas the by-law requires all accessory structures to be located in the rear yard and a minimum accessory structure setback of 1.0 metres from all lot lines. The applicant requests approval of these variances in order to obtain zoning compliance. Recommendation: The Planning & Development Department considers the proposed shed in the side yard with a side yard width of 0.6 metres to be major variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law, and therefore recommends Refusal of the proposed variances. Comment: Official Plan and Zoning By-law Pickering Official Plan -Urban Residential Area -Low Density Area within the Highbush Neighbourhood Zoning By-law 3036-"S3"-4271193 Report PICA 55/12 32 Appropriateness of the Application Accessory Structure in the Side Yard Variance September 26, 2012 Page 2 • 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 rear yard of the lot is provided • the proposed location of a shed in the side yard would obstruct access between the front and rear yard • there are opportunities to locate the proposed shed in the rear yard which will be in compliance with the by-law • the intent of the zoning by-law will not 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 lot lines is to ensure that adequate maintenance access is available to the sides of the structures, ensure that the eaves/overhang 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 • there appears to be inadequate amount of maintenance access between the east lot line and the proposed shed, and the distances between the existing property and the proposed structure • the proposed accessory structure setback of 0.6 metres to the proposed shed appears to have a negative visual impact on the adjacent properties • there are opportunities on the subject property to construct a shed in accordance with the by-law requirements • the intent of the zoning by-law would not be maintained Date of report: September 19, 2012 Comments prepared by: ~j-u Roe~£p Planner II Principal Planner-Development Review MY:RP:Id cofa/reports/20 12/pca55-12. doc Enclosures -I I r I I I I City of Pickering PROPERTY DESCRIPTION lot 46, Plan 40M-1778 OWNER D. McAulay FILE No. P/CA 55/12 a a .:'~ureee: IC-Teranet Enterprl••• Inc. and it. auppllera. All r1Qhta Reaerved. Not a plan of eurvey. 16_ 2012 MPAC and It• auppllere. All ric hte Aeaerved. Not a Dian of Survev. 33 f----- f---- 1- ...... '---r - - ----- - --z - 0::: !-- ::> 1-(I) 1-~ <( !-- 0 !-- - -1-- r--r- r- f.--r- !-'- r---~~~ or-~ r---~~~~~--~~~~--~ t;J w 0::: r- UJ Planning & Development Department DATE Sept. 6, 2012 DRAWN BY JB SCALE 1 :5,000 CHECKED BY MY PN-10 34 E 0 ("') ("') Information Compiled From Applicant's Submitted Plan PICA 55/12- D. McAulay THICKET CRESCENT ! 12.9m EXISTING DWELLING 12.9m 0.6m -• ~ ~ .. w w 0 3 To permit an accessory structure in the side ard To permit a side yard width of 0.6 metres This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Aug 21, 2012. 35 Information Compiled From Applicant's Submitted Plan PICA 55/12- D. McAulay 0 .... I 1 ., l I I i 1 l < .4..-.--_.l.._ _____ J_ __ J. lc:;.--- 1 1.8m 3.3m _. _ __J 1 I E N ~ I This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Aug 21,2012. From: Subject: Application: Ross Pym, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 57112 Meeting Date: September 26, 2012 Principal Planner-Development Review Committee of Adjustment Application PICA 57112 A. & J. Haggarty 5048 William Street (Lot 19, Plan 40M-1482) City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640106 to permit a side yard width of 0.0 metre to a proposed addition for the installation of an elevator on the side of the existing dwelling, whereas the by-law requires a minimum side yard width of 1.8 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed side yard elevator addition. Recommendation: The Planning & Development Department considers a side yard width of 0.0 metre 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 Should the Committee of Adjustment see merit in the application and considers the side yard width of 0.0 metre to be a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Zoning By-law and the Official Plan, the Planning & Development Department recommends the following conditions to be attached to an approval: 1. That this variance apply only to a proposed addition for the installation of an elevator on the side of the existing dwelling, 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 26, 2014, or this decision shall become null and void. 3. That the applicant obtain and enter into an encroachment agreement with the owner of the abutting property to the south (5046 William Street) for the purpose of maintenance of the addition by September 26, 2013, or this decision shall become null and void. Report PICA 57/12 September 26, 2012 Page 2 3 7 Comment: Official Plan and Zoning By-law Pickering Official Plan -"Rural Settlements-Oak Ridges Moraine Rural Hamlets" within the Hamlet of Claremont Zoning By-law 3037 as amended by by-law 6640/06-"ORM-R6 and ORM-EP" Appropriateness of the Application Side Yard Width Variance • the intent of the minimum 1.8 metre side yard width is to provide an appropriate buffer space between structures on abutting properties, create an appearance of openness and to provide space for lot services (i.e. drainage) • a side yard width of 0.0 metres provides inappropriate buffer space between structures on abutting properties, no room for servicing and no appearance of openness • the intent of the zoning by-law would not be maintained Input From Other Sources Development Control • the applicant must be made aware that property line swales that provide lot drainage may be affected by this installation; the final grading must ensure proper drainage away from the structure and not adversely affect the neighbouring property; roof drainage must not be directed into the neighbouring property Date of report: September 19, 2012 Comments prepared by: cfvl~ f\l ~ Mila Yeung\j -J Planner II MY:RP:Id cofa/reports/2012/pca57 -12 .doc Enclosures R&£p Principal Planner-Development Review 38 I I I City of Pickering PROPERTY DESCRIPTION lot 19, Plan 40M-1482 OWNER A. & J. Haggarty FILE No. P/CA 57/12 a a ::oau.rcee: If!.· Teranet EnterprT••• Inc. and It• •upE_II•r•. All rfQht• R••·~~d. Not a ~~.<:'" of •urvey. li§ 2012 MPAC and ft. euppllera. All riahh Re•erved. Not a plan of Survey, I \ I - I 1---LA.,--IN-E-..---,---11 STREk Planning & Development Department DATE Sept. 6, 2012 DRAWN BY JB SCALE 1 :5,000 CHECKED BY MY PN-RUR ~~ I --- I E 0 ll(j N ~"' ---"·,,j - - Information Compiled From Applicant's Submitted Plan PICA 57/12- A. & J. Haggarty E C\i 149.0m ~------ [Iu EXISTING DRIVEWAY PROPOSED ELEVATOR FOR WHEELCHAIR ACCESS 39 I-w w 0::: I- C/) ~ <( 119.0m ______ _J ·-···-···--··-~----~··."-_J N To permit a 0.0 metre side yard width s This map was produced by the City of Pickering Planning & Development Department. Planning Information Services Division Mapping and Design, Aug 21, 2012 Information Compiled From Applicant's Submitted Plan PICA 57/12- A. & J. Haggarty PROPOSED FRONT ELEVATION PROPOSED REAR ELEVATION This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Aug 21, 2012. Information Compiled From Applicant's Submitted Plan PICA 57/12- A. & J. Haggarty 41 EXISTING SIDE ELEVATION ---------------------------- RELOCATE EXISTING WINDOW ,\ ( IL. '-....---" PROPOSED SIDE ELEVATION This map was produced by the City of Pickering Planning & Development Department, Planning Information Services Division Mapping and Design, Aug 21,2012.