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HomeMy WebLinkAbout05 May 1, 2013Committee of Adjustment _Agenda Meeting Number: 5 Date: Wednesday, May 1, 2013 (I) Adoption of Agenda (II) Adoption of Minutes from April10, 2013 (Ill) Reports 1. PICA 24113 J. & D. Meulensteen 818 Kate's Lane 2. PICA 25113 J. & J. Gray 699 Front Road (IV) Adjournment Committee of Adjustment Agenda Wednesday, May 1, 2013 7:00pm Main Committee Room Page Number 1-6 7-13 14-18 Accessible •-- PICKE~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 Shirley Van Steen -Vice-Chair Also Present: Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Bill Utton (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, April10, 2013 01 7:00pm Main Committee Room That the agenda for the Wednesday, April 10, 2013 meeting be adopted. (II) Adoption of Minutes Moved by Shirley Van Steen Seconded by Eric Newton Carried Unanimously That the minutes of the 3rd meeting of the Committee of Adjustment held Wednesday, March 20, 2013 be adopted. Carried Unanimously 1 n r; ··"' (II I) 1. Committee of Adjustment Meeting Minutes Wednesday, April 10, 2013 7:00pm Main Committee Room Reports PICA 21/13 Premier Real Estate Holdings Ltd. 680 Granite Court The applicant requests relief from Zoning By-law 2511, as amended by By-law 789/78, to permit a retail sales outlet accessory to a warehouse use, not exceeding 170 square metres and a minimum of 124 parking spaces; whereas the by-law does not permit a retail sales outlet accessory to a warehouse use and a minimum of 177 parking spaces. The applicant requests approval of these variances in order to establish an accessory retail sales outlet and to obtain Site Plan approval for a proposed vestibule and mezzanine additions. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were received from Dawn Mitchell, Property Manager, of 1815 Ironstone Manor in objection to the application. Written comments were also received from the City's Economic Development in support of the requested variance and indicated that seasonal peak uses of the retail sales outlet is more likely to occur during off hours, which may not create any traffic or parking issues on or around the site. Correspondence received from Dawn Mitchell indicates the proposal will reduce the required parking spaces by approximately 30 percent, the existing parking spaces close to the retail sales outlet are insufficient and may encourage customers to park on the street and the increased pedestrian, automobile and commercial vehicle traffic may cause additional traffic congestion and obstruct emergency response. John Owen, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. John Owen provided a site plan and floor plan for the Committee Members to review; he also explained the location of the proposed addition. In response to a question from a Committee Member, John Owen indicated parking will be contained on-site as there will be approximately 40 to 50 surplus parking spaces at any one given time. 2 Committee of Adjustment Meeting Minutes Wednesday, April10, 2013r_~ 3 7:00pm Main Committee Room Moved by Shirley Van Steen Seconded by Eric Newton That application PICA 21113 by Premier Real Estate Holdings Ltd., be Approved on the grounds that the retail sales outlet accessory to a warehouse use, not exceeding 170 square metres and a minimum of 124 parking spaces are minor in nature 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 construction and retail sales outlet, as generally sited and outlined on the applicant's submitted plans. 2. That only one retail sales outlet is permitted within the building. 3. That the applicant obtains Site Plan Approval for the proposed construction by April10, 2014, or this decision shall become null and void. 2. PICA 22113 A. Colella & C. McKinnon 720 Front Road Carried Unanimously The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: • to permit a minimum front yard depth of 6.0 metres; whereas the by-law requires a minimum front yard depth of 7.5 metres • to permit a maximum projection of 2.0 metres into the required front yard setback for a covered porch not exceeding 1.0 metre in height above grade; whereas the by-law requires a maximum projection of 1.5 metres into the required front yard setback for uncovered steps or platforms not exceeding 1.0 metre in height above grade • to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling 3 Committee of Adjustment Meeting Minutes Wednesday, April 10, 2013 7:00pm Main Committee Room • to permit a maximum lot coverage of 44 percent; whereas the by-law requires a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to obtain a building permit to construct a two-storey detached dwelling on a proposed severed lot, following the finalization of Land Division Application LD 058/12. lan McCullough explained that after speaking with City Development staff regarding the lot coverage, he would like to amend the variance request from 44 percent to 38 percent maximum lot coverage for the proposed detached dwelling. In response to a question from a Committee Member, lan McCullough explained the architect has been contacted with the lot coverage amendment and it may be the main floor that has to be modified. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering City Development Department recommending approval for the amended application subject to conditions. lan McCullough, agent, was present to represent the application. Mario Strasic of 724 Front Road was present in objection to the front yard depth of 6.0 metres. Mario Strasic expressed concerns with site line obstructions due to the reduction of the front yard depth to 6.0 metres. M. Yeung, Assistant Secretary-Treasurer explained that a front yard depth of 6.0 metres represents a more current performance standard used throughout the City of Pickering. Moved by Tom Copeland Seconded by Eric Newton That amended application PICA 22/13 by A. Colella & C. McKinnon, be Approved on the grounds that the minimum front yard depth of 6.0 metres, the maximum projection of 2.0 metres into the required front yard setback for a covered porch not exceeding 1.0 metre in height above grade, the minimum side yard widths of 1.2 metres where a garage is erected as part of a detached dwelling and the maximum lot coverage of 38 percent are minor in nature, 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: 4 Committee of Adjustment Meeting Minutes r15 Wednesday, April10, 2013 7:00pm Main Committee Room 1. That these variances apply only to the proposed detached dwelling, as generally sited and outlined on the applicant's submitted plans with the applicant's amendment to the variance to allow for a maximum lot coverage of 38 percent. 2. That the applicant finalizes Land Division Application LD 058112 by July 22, 2013, or this decision shall become null and void. 3. That the applicant obtains a building permit for the proposed construction by April10, 2015, or this decision shall become null and void. 3. PICA 23113 1700539 Ontario Limited 11 01A Kingston Road Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended by By-law 6777107 to permit a minimum of 72 parking spaces, whereas the by-law requires a minimum of 78 parking spaces. The applicant requests approval of this variance in order to construct a 154 square metres internal mezzanine for the purpose of storage of goods and materials. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were also received from the Toronto and Region Conservation Authority expressing no objection to the application. Allan Windrem, agent, 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 Tom Copeland That application PICA 23113 by 1700539 Ontario Limited, be Approved on the grounds that the minimum of 72 parking spaces is minor in nature 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: 5 ns '' ' •• <' Committee of Adjustment Meeting Minutes Wednesday, April10, 2013 7:00pm Main Committee Room 1. That this variance apply only to the proposed commercial building and mezzanine, as generally sited and outlined on the applicant's submitted plans. 2. That the mezzanine will not form part of the retail sales or administration area for this building. Carried Unanimously (IV) Adjournment Date Chair Moved by Eric Newton Seconded by Shirley Van Steen That the 4th meeting of the 2013 Committee of Adjustment be adjourned at 7:26 pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 1, 2013. Carried Unanimously Assistant Secretary-Treasurer 6 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 24113 Meeting Date: May 1, 2013 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 24113 J. & D. Meulensteen 818 Kate's Lane The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4407173: • to permit a minimum rear yard depth of 6.7 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a minimum south side yard width of 0.9 metres; whereas the by-law requires a minimum side yard width of 1.2 metres • to recognize a north side yard width of 0.1 metres to an existing shed (Shed #1) having a height of 2.0 metres, whereas the by-law requires a minimum side yard width of 1.0 metres for all accessory structures greater than 1.8 metres in height The applicant requests approval of these variances in order to obtain a building permit for a single storey addition to the rear of the existing building and ensure zoning compliance for Shed #1. Recommendation The City Development Department considers the minimum rear yard depth of 6. 7 metres, the minimum south side yard width of 0.9 metres and the north side yard width of 0.1 metres to an existing shed to be minor in nature 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 single storey addition and Shed #1, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains a building permit for the proposed single-storey addition by May 1, 2015, or the decision affecting its rear and side yard setbacks shall become null and void. (' 8 ; -~ Report PICA 24/13 May 1, 2013 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan -Urban Residential -Low Density Area within the Amberlea Neighbourhood Zoning By-law 3036 -"S 1" -Single Residential Zone Background City Development Staff advised the applicant that the current location of both sheds do not comply with the zoning requirements. As a result, the applicant intends on relocating or removing Shed #2 to ensure zoning compliance, but has requested to recognize the location of Shed #1 through this variance application since it is attached to an existing concrete slab associated with an above-ground pool (see Information Compiled from Applicant's Submitted Plan diagram). Appropriateness of the Application Rear Yard Depth Variance • the intent of the minimum rear yard depth is to ensure that a useable amenity space is provided in the rear yard • the applicant has requested to reduce the rear yard depth from 7.5 metres to 6.7 metres • an adequate amenity area will be maintained within the rear yard • the proposed addition will not negatively impact surrounding properties • the requested variance is minor in nature and maintains the intent of the zoning by-law Side Yard Width Variance • the intent of a side yard width is to provide an appropriate separation between structures on abutting properties in order to maintain a pedestrian access, and to accommodate grading, drainage and residential services such as air conditioning units and utility metres • the applicant has requested to reduce the south side yard depth from 1.2 metres to 0.9 metres • the proposed addition will provide an appropriate separation between dwellings • sufficient access into the rear yard will be maintained on the north side of the dwelling • the proposed 0.9 metre side yard width is sufficient to accommodate grading, drainage and residential services • the requested variance is minor in nature and maintains the intent of the zoning by-law Report PICA 24/13 May 1, 2013 Page 3 Accessory Structure Setback Variance • the intent of establishing a minimum setback for accessory structures is to ensure that adequate space is available for maintenance, and to ensure that the eaves/overhangs do not encroach on the adjacent properties. • the applicant has requested to recognize the existing setback of 0.1 metres to Shed #1, whereas the by-law requires a minimum setback of 1.0 metres from all accessory structures greater than 1.8 metres in height • the owner constructed Shed #1 in 2003 • the shed is approximately 2.0 metres in height with a floor area of approximately 3 square metres • the shed is used as an equipment room accessory to the existing pool • the shed is attached to a concrete slab, which makes it difficult to relocate without significant alterations • no concerns have been received by abutting neighbours regarding rainwater runoff onto their property caused by the existing shed • the shed does not appear to create a visual distraction from abutting rear yards • the requested variance is minor in nature and maintains the intent of the zoning by-law Date of report: April 25, 2013 \ , RPP Nilesh Surti, MCIP, RPP Planner II Manager, Development Review & Urban Design AY:NS:Id J:\Documents\Development\D-3700\2013\PCA 24-13\Report\PCA 24-13.doc Enclosures 1..0 T 0 <( 0 ct: City of Pickering City Development Department PROPERTY DESCRIPTION 818 Kate's lane(Pian M1057, lot 56) OWNER J. & D. Meulensteen DATE Apr. 9, 2013 DRAWN BY JB FILE No. P /CA 24/13 SCALE 1 :5,000 CHECKED BY MY PN-11 To permit a north side yard width of 0.1 metres to an existing shed Relocated in accordance with the Zoning By~law requirements 11 Information Compiled from Applicant's Submitted Plan PICA 24/13 J. & D. Meulensteen LOT 56 .. · .... E c:o ..-..- To permit a rear yard depth of 6. 7 metres to a proposed single storey addition To permit a south side yard depth of 0.9 metres to a proposed single storey addition 1.-------'--....,.j<:.....,..r--1 . 3m KATE'S LANE This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, April16, 2013 12 ~ JiXJ5lll/ G. Information Compiled from Applicant's Submitted Plan PICA 24/13 J. & D. Meulensteen SIDE (SOUTH) ELEVATION L-----------------------~~~~~--~~--------------------,-------------------------~--~--L-~RADc I I .I I I ~---::...-:.=....::._-....:::_-_-_-_-:._=.-:.JJ I . I 'I I I• I I 1---1' I -J~~~~-~-----~-~---~_=_-_-_-_~_=_~_-_: ___ --_-_: __ r~~--------~-----~--~21~-~~t~~=_-__ -_i_=_~_=_=_~-~------------------• 4-------'-------. 14.9 metres ____ __., SIDE (NORTH}ELEVATION I I I I L..----J 6.0 metres I ------i I ' I I --t I I I 1 !' I I L_ -~~:.c._-------__,._-=---~~=-------~_:::--_-_-_---_-_-_-:,:-----..G'3.V~~~~. ~~l!f,~~~~,· 21.6 metres-----------. This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, April 16, 2013. Information Compiled from Applicant's Submitted Plan PICA 24/13 J. & D. Meulensteen REAR (EAST) ELEVATION lEE]\ .. 3 1 ~~--'-....::c"-----~----1-~E3~~===~~~r~:::16~1_metr_es ?::.,-p· ~~~~tA Tl!. 1 =--=="'" '?.,;;.:o;;;,. ~ 6.1 metres --••: I I *---------,----!12.3 metres------. !~--~-----=::::-~ -,-:_-:. :..L:- 1 ,, ,J..::: _-_--= _: .::::---: =-=-----= :::: :_---::-~ s This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, April16, 2013. Ca.~1 "~ From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 25113 Meeting Date: May 1, 2013 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 25113 J. & J. Gray 699 Front Road The applicant requests relief from Zoning By-law 2511 to permit a front yard depth of 0.3 metres to a second storey addition above the existing dwelling and a front yard depth of 5.2 metres to a proposed two-storey addition supporting a covered vehicular entrance, whereas the by-law requires a minimum front yard depth of 7.5 metres. The applicant requests approval of these variances in order to obtain a building permit for a proposed addition to the existing dwelling Recommendation The City Development Department recommends that Minor Variance Application PICA 25113 be Deferred until the Heritage Pickering Advisory Committee has had an opportunity to review and comment on the application. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Area" within the Bay Ridges Neighbourhood Zoning By-law 2511-"R4"-Fourth Density Residential Zone Background The existing dwelling is a one storey frame structure and is estimated to have been built in the 1870's. It is known as the Mathew O'Brien House. The property is identified in the City of Pickering Inventory of Heritage Properties prepared by Unterman McPhail Associates, February 2002, but is not listed on the City of Pickering Municipal Heritage Register of Properties of Cultural Heritage Value or Interest. Report PICA 25/13 May 1, 2013 Page 2 Given the age of the structure and the potential for the property to have heritage value, the application has been forwarded to the Heritage Pickering Advisory Committee for comments. The next Heritage Pickering Advisory Committee meeting is scheduled for May 23, 2013. Staff recommend that the submitted minor variance application be deferred until the June 12, 2013 Committee of Adjustment meeting to allow the Pickering Heritage Advisory Committee to review and comment on the application and the proposed addition. On November 7, 1967, the City of Pickering expropriated approximately 4.0 metres of land across the property's frontage for road widening purposes. As a result, the expropriation caused the existing front porch to encroach within the City's road allowance. In order to recognize the porch encroachment, a formal agreement between the City and the owner was executed. Date of report: April 25, 2013 Comments prepared by: l '~pp Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design AY:NS:Id J:\Documents\Development\D-3700\2013\PCA 25-13\Report\PCA 25-13 (Deferred).doc Enclosures FRENCHMAN'S BAY City of Pickering 1T - I-- r---- I-- r-- I-- I-- Jll- HOLY REDEEMER SEPARATE SCHOOL City Development Department PROPERTY DESCRIPTION 699 Front Road(Pian M90, Pt. lot 55, 40R-24569, Part 3) OWNER J. & J. Gray DATE Apr. 9, 2013 DRAWN BY JB FILE No. P/CA 25/13 SCALE 1 :5,000 CHECKED BY MY PN-3 To permit a front yard depth of 0.3 metres to a proposed second storey addition above the existing dwelling 17 Information Compiled from Applicant's Submitted Plan PICA 25/13 J. & J. Gray FRONT ROAD To permit a front yard depth of 5.2 metres to a proposed two storey addition This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, April 16, 2013. 18 Information Compiled from Applicant's Submitted Plan PICA 25/13 J. & J. Gray Front Elevation This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, April16, 2013.