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HomeMy WebLinkAbout06 May 22, 2013Committee of Adjustment Agenda Meeting Number: 6 Date: Wednesday, May 22, 2013 (I) Adoption of Agenda (II) Adoption of Minutes from May 1, 2013 (Ill) Reports 1. PICA 26113 J. & K. Sukhra 1101 Gossamer Drive 2. PICA 27113 G. Modica 481 Oakwood Drive 3. PICA 28113 H. & Z. Tieze 1877 Pine Grove Avenue 4. PICA 29113 G. & J. Timleck 691 Foxwood Trail (IV) Adjournment Committee of Adjustment Agenda Wednesday, May 22, 2013 7:00pm Main Committee Room Page Number 1-4 5-10 11-17 18-21 22-26 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 Bill Utton Shirley Van Steen -Vice-Chair Also Present: Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Committee of Adjustment Meeting Minutes 01 Wednesday, May 1, 2013 7:00pm Main Committee Room Chair, David Johnson brought the meeting to order and turned the proceedings over the Vice-Chair, Shirley Van Steen to Chair the remainder of the meeting. (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, May 1, 2013 meeting be adopted. (II) Adoption of Minutes Moved by David Johnson Seconded by Tom Copeland Carried Unanimously That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, April 10, 2013 be adopted. Carried Unanimously 1 Committee of Adjustment Meeting Minutes 0 2 Wednesday, May 1, 2013 7:00pm Main Committee Room (Ill) Reports 1. P/CA24/13 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 4407/73: • 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. 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 the City's Chief Building Official indicating consideration should be given to spatial separation issues, which will be reviewed at the building permit submission stage. Written comments were also received from CN Rail advising that by employing brick veneer, acoustically-upgraded windows and air conditioning units that the detached dwelling will not be further exposed to railway noise. John Meulensteen, owner, was present to represent the application. Caroline Kimble was present in favour of the application. Caroline Kimble indicated brick-veneer will be used for the proposed addition and expressed a concern with the acoustically-upgraded windows that CN Rail has recommended. Caroline Kimble provided clarification to the Committee regarding the CN Rail's recommendations and City staff concurred with the explanation. 2 Committee of Adjustment Meeting Minutes ... [\ 3 Wednesday, May 1, 2013 ,_ 7:00pm Main Committee Room Moved by Eric Newton Seconded. by Bill Utton That application PICA 24113 by J. & D. Meulensteen, be Approved on the grounds that 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 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 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. 2. PICA 25113 J. & J. Gray 699 Front Road Carried Unanimously 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. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering City Development Department recommending deferral to allow the Heritage Pickering Advisory Committee an opportunity to review and comment on the application. Written comments were received from the City's Chief Building Official indicating the proposed second storey addition above the existing dwelling may affect the existing foundations and will be addressed at the building permit stage. Written comments were also received from the City's Development Control Manager expressing no concerns. 3 Committee of Adjustment Meeting Minutes Wednesday, May 1, 2013 7:00pm Main Committee Room Jesse & Jodie Gray, owners, were 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 David Johnson That application PICA 25/13 by J. & J. Gray, be Deferred to the June 12, 2013 meeting to allow the Heritage Pickering Advisory Committee time to review and comment on the application. Carried Unanimously (IV) Adjournment Date Moved by Eric Newton Seconded by Bill Utton That the 5th meeting of the 2013 Committee of Adjustment be adjourned at 7:15 pm and the next meeting of the Committee of Adjustment be held on Wednesday, May 22, 2013. Carried Unanimously Vice-Chair Assistant Secretary-Treasurer 4 Report to ')-Committee of Adjustment ,. J From: Subject: Application Nilesh Surti, MCIP, RPP Application Number: PICA 26113 Meeting Date: May 22, 2013 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 26113 K. & J. Sukhra 1101 Gossamer Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 4113192 to permit a minimum rear yard depth of 3.4 metres to a roof extension within the rear yard, a maximum lot coverage of 39 percent to accommodate the existing roof extension in the rear yard, and an 8 square metre shed in the front yard with a minimum front yard depth and flankage side yard width of 0.6 metres, respectively; whereas the by-law requires a minimum rear yard depth of 7.5 metres, a maximum lot coverage of 38 percent and that all accessory buildings detached from the dwelling shall be erected in the rear yard. The applicant requests approval of these variances in order to obtain a building permit for an existing roof extension within the rear yard and zoning compliance for an existing shed. Recommendations 1. The City Development Department considers the minimum rear yard depth of 3.4 metres to a roof extension within the rear yard, and a maximum lot coverage of 39 percent to accommodate the roof extension within the rear yard, to be minor in nature that are desirable for the appropriate development of the lands, 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: a. That these variances apply only to the roof extension, as generally sited and outlined on the applicant's submitted plans. b. That the applicant obtain a building permit for the proposed construction by May 22, 2015, or this decision shall become null and void. And Report PICA 26/13 May 22, 2013 Page 2 2. The City Development Department considers an 8 square metre shed within the front yard with a minimum front yard depth and flankage side yard width of 0.6 metres, respectively, is considered not to be 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. OR If the applicant were to request that the application be amended to allow an 8 square metres shed within the flankage yard with a minimum setback of 12.0 metres from the front lot line and a flankage side yard width of 0.6 metres, the following recommendation would apply: 1. The City Development Department considers an 8 square metres shed within the flankage side yard with a minimum setback of 12.0 metres from the front lot line and a minimum flankage side yard width of 0.6 metres to be 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 Zoning By-law and therefore, recommends Approval of the proposed variances, subject to the following condition: a. That these variances apply only to the shed that will be relocated to be in the west side yard of the lot by August 22, 2013, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -Urban Residential Area -Low Density Area within the Liverpool Neighbourhood Zoning By-law 3036 as amended by By-law 4113/92 -"83-3" Appropriateness of the Application Rear Yard Depth Variance and Lot Coverage Variance • the intent of the minimum rear yard depth is to ensure that a useable amenity space is provided within the rear yard • the intent of the maximum lot coverage requirement is to maintain an appropriate amount of yard (amenity area) uncovered by buildings on a lot, and to regulate the maximum size and massing of building on a lot Report PICA 26/13 May 22, 2013 Page 3 • the applicant has requested to increase the maximum lot coverage from 38 percent to 39 percent and reduce the maximum rear yard depth from 7.5 metres to 3.4 metres to facilitate the construction of a roof extension within the rear yard • since the requested variance are only for a roof extension, appropriate amenity area is provided within the rear yard and no additional building massing is proposed to reduce useable amenity space • there appears to be no adverse impact on surrounding properties • the requested variance is minor in nature and maintains the intent of the zoning by-law Accessory Structure in the Front Yard Variance • the intent of the requirement for accessory structures to be located in the rear yard is to maintain a visually attractive front yard and streetscape, maintain adequate buffer space between buildings on a property and street activity, and avoid adverse impact on the streetscape • permitting the shed within the front yard may establish a precedent for others to erect accessory structures within the front yard • staff recommends that the existing shed be relocated within the flankage yard which would be screened by existing fencing and landscaping thereby minimizing the visual impact of the shed along Gossamer Drive • the requested variance of permitting a shed within the front yard is not desirable and does not maintain the intent of the zoning by-law Date of report: May 16, 2013 Comments prepared by: L\f~l~~ Mila Yeung'-) ,J Planner II MY:NS:Id J:\Documents\Development\D-3700\Reports\2013\pca26-13.doc Enclosures urti, MCIP, RPP Manager, Development Review & Urban Design n7 ~------------7/~,----------------~o CHERRYWOOD TRANSFORMER STATION HYDRo City of Pickering / ' ~ / 0 \ / ~ / \ \ \ \ \ ............ \ \........ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ...... \ \ \ \ \ ...... ...... w x 0 w _j o_ <( i:;:l City Development Department PROPERTY DESCRIPTION 1101 Gossamer Drive (Lot 55, Plan 40M-1811) OWNER K. & J. Sukhra DATE Apr. 27, 2013 DRAWN BY JB FILE No. P/CA 26/13 SCALE 1 :5,000 CHECKED BY MY PN-12 To recognize a shed in the front yard ~--------------~-- I I L_ I I I il Information Compiled from Applicant's Submitted Plan I :I PICA 26/13 K. & J. Sukhra GOSSAMER OR\VE \---r 01 _.. 3 ./.....,...__ 5.5m --·-!----' ! I I EXISTING POOL 19.1m EXISTING 2 STOREY DWELLING To permit a rear yard depth of 3.4 metres !'-' 0 3 'i I I This map was produced by the City of Pickering City Development Department. Planning Information Services Mapping and Design, May 3, 2013. 10 _,_ ·r----·· --·--- Information Compiled from Applicant's Submitted Plan PICA 26/13 K. & J. Sukhra '1 --- 1 I __ j __ --· -----'j a , · ... ;; ~-1''. ~ ~ b I -L ------... _ _!..~~~~K--1\E_I!.f',~t£1_l~ _ ! iJ 1 :d.C. _ . ........ . . ' .. \ -·r·l-.L,., ... . ·' . ---~) Ej\_8_I£:bE:V A TI.QJ-1 ,:..c,..._.,,,~-,,·.r ---t•••• r ~---- _:: ___ _ ; This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, May 3, 2013. From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 27113 Meeting Date: May 22, 2013 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 27113 G. Modica 481 Oakwood Drive The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: • to permit a minimum south side yard width of 0.9 metres to a proposed attached garage; whereas the by-law requires a minimum side yard width of 1.5 metres • to permit a minimum flankage side yard width of 1.9 metres to a proposed covered entrance and to recognize a flankage side yard width of 1.3 metres to an existing two-storey detached dwelling; whereas the by-law requires a minimum flankage side yard width of 4.5 metres • to recognize a south side yard width of 0. 7 metres to an existing two storey detached dwelling and to an existing uncovered rear deck; whereas the by-law requires a minimum side yard width of 1.5 metres • to recognize a rear yard depth of 0.7 metres and a flankage side yard width of 0. 7 metres to an existing shed on a corner lot; whereas the by-law requires a minimum rear yard depth of 3.0 metres and a minimum flankage side yard width of 4.5 metres for all accessory buildings located on a corner lot The applicant requests approval of these variances in order to obtain a building permit to construct a covered entrance within the side yard and an attached garage within the front yard, as well as to obtain zoning compliance for the existing dwelling, uncovered rear deck and shed. Recommendation The City Development Department considers the minimum south side yard width of 0.9 metres to a proposed attached garage; the minimum flankage side yard width of 1.9 metres to a proposed covered entrance; the flankage side yard with of 1.3 metres to the existing two-storey detached dwelling; the south side yard widths of 0.7 metres to the existing two-storey dwelling and uncovered rear deck; and the rear yard depth and side yard width of 0. 7 metres to an existing shed on a corner lot 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: 11 12 Report PICA 27/13 May 22, 2013 Page 2 1. That these variances apply only to the proposed attached garage and attached side covered entrance as well as to the existing dwelling and shed, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains a building permit for the proposed construction by May 22, 2015, or this decision affecting the proposed detached garage and proposed covered entrance shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -Urban Residential -Low Density Area within the Rosebank Neighbourhood Zoning By-law 2511 -"R4"-Fourth Density Residential Zone Background Upon review of the application, the City of Pickering Building Services Section considers the proposed garage as a contiguous connection to the dwelling by means of a roof extension between the proposed garage and the existing dwelling. As a result, the applicant's designer has amended the proposed site plan to illustrate this change. The City's Planning & Design Section is satisfied that this amendment is in accordance with the spirit and intent of the applicant's requested variances and has revised the requested variances pertaining to the proposed garage as follows: Previous Relief Applied For Revised Requested Relief Applied For to permit a 52 square metre detached garage located in the front yard with a minimum front yard depth of 9.0 metres, a minimum south side yard to permit a minimum south width of 0.9 metres; whereas the by-law requires all side yard width of 0.9 metres accessory structures detached from the dwelling be to a proposed attached erected in the rear yard garage; whereas the by-law to permit a maximum height of 3.8 metres for a requires a minimum side yard proposed 52 square metre detached garage; width of 1 . 5 metres whereas the by-law permits a maximum height of 3.5 metres for all accessory buildings Since Staff considers the proposed attached garage as a contiguous connection to the dwelling, the same zoning requirements (such as building setbacks and height) which currently apply to the dwelling will also apply to the attached garage. Report PICA 27113 May 22, 2013 Page 3 On March 24, 1984, the City of Pickering Committee of Adjustment approved a Minor Variance Application (PICA 01184) to permit a south side yard width of 0.79 metres and a flankage side yard width of 1.58 metres to the existing dwelling. As part of this application, the applicant submitted a Surveyor's Certificate which illustrated a slight reduction to the Committee's approved flankage side yard and south side yard variances affecting the existing footprint of the dwelling. City records indicate that no new alterations to the original dwelling have been made since the Committee's decision in 1984. As a result, the City Development Department has requested that the applicant recognize the flankage side yard and south side yard setbacks as illustrated on the applicant's submitted Surveyor's Certificate. Appropriateness of the Application Side Yard Width Variance to the Proposed Attached Garage • the intent of a side yard width is to provide an appropriate separation distance 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 existing driveway entrance is off of Oakwood Drive • the proposed facade for the garage addition will feature garage doors and windows along Oakwood Drive and Staghorn Road providing a visual interest to the streetscape • an adequate separation distance between the garage and the property line to accommodate pedestrian access, grading and drainage will be maintained • the proposed southern wall on the proposed attached garage will be parallel with the existing dwelling • the requested variance is minor in nature and maintains the intent of the zoning by-law Flankage Side Yard Width Variance to the Dwelling and Proposed Covered Entrance • the intent of this provision is to provide an adequate separation distance between buildings and street activity within the flankage side yard, as well as provide an adequate landscaped area • the flankage side yard width of 1.3 metres to the existing building is an existing condition • the proposed flankage side yard width of 1.9 metres to a proposed covered entrance has no adverse impact on the streetscape • the requested variances are minor in nature and maintains the intent of the zoning by-law Side Yard Width Variance to the Dwelling and Uncovered Deck • the 0. 7 metre south side yard width to the existing dwelling and uncovered deck are existing conditions 13 r--~l--t5 1--I--tGt---+---1 r--I--51-----+----l 0 I--u 1-----t----1 1----------il----- -f-f---/ !;:: z C 0 U RT 'y--w ~ 1----t---l ~ _j t--~ ~ I I I I Fl I }-~ t---+---l~t---+--l ~ t5 l DRIVE 5 <t 1-----+----l "" ~ r--I I ~ 1-----t----IO 1------t----1~ t----+---1 '\~-t------1 I t----+----l8 t-----t----1 \.. 1-----f---1 VJI---t------1 t--1-----J_J 1-----+----1 '<-'\.-___l__-,lc-----1 1------lr-------l 4: t-1---+------l 1------+-----1~ 1--~:>-.......,.......,,...,.-----.. '\. J ~~ r-~ ~ ~ ..r-1----r-'--,-t-----+----+ 1---l ")3~<:) ~1--==--==--=j---1'~=--ljj~==~==:====j ~8=--,-.,...-rll MAITLAND D~E r---:21-----1----------l I I ~ I I \ '~ '--' HUL 1------J----J 8 f-r---- 1-----1----1 z 1-------1---l 1------J---l ::; --w -1----t---l 0::: 1---+---J 1----t---l 0 1-----t-----l 1-----t----J ~ r--f--1-- ~J ~\ll J I-- I-- City of Pickering City Development Department PROPERlY DESCRIPTION 481 Oakwood Drive(Pian 350, Pt. lot 110, 40R-24967, Part 1) OWNER G. Modica FILE No. P/CA 27/13 rO!,_O _?~Ur'"CeS: Te,.-onet Enterprises Inc. and its su.pJ:~Iie,.-s. All rights R4!1se~~d. Not a ~~on of survey. 2012 MPAC end its suppliers. All r'ighta Reserved. Not o ~ian of Survey. DATE Apr. 29, 2013 SCALE 1 :5,000 DRAWN BY JB CHECKED BY MY PN-1 Report PICA 27/13 May 22, 2013 Page4 • the dwelling's side yard width updates the side yard width previously approved through Minor Variance Application PICA 01/84 • the requested side yard width of 0.7 metres to the proposed dwelling and uncovered deck currently accommodates a pedestrian access, grading, drainage and residential utility services • the requested variances are minor in nature and maintain the intent of the zoning by-law Flankage Side Yard Width and Rear Yard Depth Variance to Accessory Structures on a Corner Lot • the intent of this provision is to provide an adequate separation distance between accessory buildings and street activity in the flankage side yard, provide an adequate separation distance between accessory buildings and the adjacent dwelling on the flanking street, and to regulate the location of accessory structures to adjacent dwellings on the flanking street • the owner constructed the shed in 2012 • the shed occupies a floor area of approximately 1 0 square metres • the existing shed does not appear to significantly obstruct the streetview of abutting property owners • the existing shed provides adequate maintenance accesses around the structure • the existing eaves/overhangs from the existing shed do not encroach onto adjacent properties or onto the municipal right-of-way • the City is satisfied that roof drainage will be contained on the subject property • the applicant intends on erecting a fence to partially screen the shed from Staghorn Road • the requested variances are minor in nature and maintains the intent of the zoning by-law Date of report: May 16, 2013 Comments prepared by: , RPP Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design AY:NS:Id J:\Documents\Development\D-3700\Reports\2013\pca27 -13.doc Enclosures "'6 L Information Compiled from Applicant's Submitted Plan To recognize a 0.7 metre flankage side yard width to an existing shed on a corner lot ~ To permit a flankage side yard width of 1.9 metres to a covered entrance 0 <( I ~ J l 0.7m1 0 0:: z 0:: 0 I <.9 _..I I ~ (f) E ,.._ ··--~ SHED PICA 27/13 G. Modica 15.2m --------Q-- I I I To recognize a 0.7 metre rear yard depth to an existing shed on a corner lot To recognize a 0. 7 metre south side yard width to an existing uncovered deck ____. ~0.7m EXISTING EXISTING 2 STOREY DWELLING DECK PROPOSED ROOF EXTENSION To recognize a 0. 7 metre south side yard width to an existing dwelling To recognize a 1.3 metre flankage side yard width t an existing dwelling r-7.7m i -G--1 O."Bni-- E ~ m L To permit a south side yard of 0.9 metres to a proposed garage OAKWOOD DRIVE This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, May 3, 2013. [0 Information Compiled from Applicant's Submitted Plan Dl PICA 27/13 G. Modica WEST ELEVATION NORTH ELEVATION I ' I I -----------soUTH ELEVATION 17 This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, May 3, 2013. 18 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 28/13 Meeting Date: May 22, 2013 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 28/13 H. & Z. Tieze 1877 Pine Grove Avenue The applicant requests relief from Zoning By-law 3036, as amended to permit an east side yard width of 1.0 metre to an existing detached dwelling and an east side yard width of 0.8 metres to an existing deck in the rear yard, whereas the by-law requires a minimum side yard width of 1.5 metres. The applicant requests approval of these variances in order to obtain zoning compliance for a proposed land severance administered by the Region of Durham to create a new residential lot on the east side of the existing dwelling. Recommendation The City Development Department considers the proposed east side yard width of 1.0 metre to an existing detached dwelling and an east side yard width of 0.8 metres to an existing rear deck 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 existing building and rear deck on the proposed retained parcel, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant demonstrates, via calculations, that the location of the proposed new property/severance line meets the spatial separation requirements of the Ontario Building Code to the satisfaction of the Chief Building Official prior to receiving final clearance for a future land severance. 3. That the applicant obtains final clearance for a future land severance by November 30, 2014, or this decision shall become null and void. ------------------------------------------- Report PICA 28/13 May 22, 2013 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan -Urban Residential -Low Density Areas within the Highbush Neighbourhood Zoning By-law 3036 -"R4" -Fourth Density Residential Zone Background The applicant intends on severing the easterly portion of the subject property through a future land division application with the Region of Durham to create one additional lot. Approval of this Minor Variance Application will allow the owner to retain the existing dwelling and deck in its current location and ensure zoning compliance is achieved if a future land division application is approved by the Region of Durham Land Division Committee. Appropriateness of the Application Side Yard Width Variance • the intent of a side yard width is to provide an appropriate separation distance 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 proposed 1.0 metre side yard width to the existing dwelling and a 0.8 metre side yard width to the uncovered deck will provide an appropriate separation distance between structures effecting the future lot, maintain a pedestrian access and accommodate grading, drainage and residential utility services • the owner will need to confirm that the dwelling and the proposed line of severance complies with the spatial separation requirements under the Ontario Building Code • the requested variances are minor in nature and maintains the intent of the zoning by-law Date of report: May 16, 2013 Comments prepared by: A: ~2 /,...~:'";>tilt( Rl...>.'X.\ , Ye rw..oo , CIP, RPP lanner II AY:NS:Id J:\Documents\Development\D-3700\Reports\2013\pca28-13.doc Enclosures Nilesh urti, MCIP, RPP Manager, Development Review & Urban Design 20 ET CRESCENT II l CRESCENT r---- 1 I I I I I I I I I I 1 t--r-----------1 r-------------~w :J z w ~ STREET 7C -r-- 1-----+----t a: 1--r-- r--r--r:: r----- '---- ] City of Pickering City Development Department PROPERTY DESCRIPTION 1877 Pine Grove Avenue (Plan 282, Pt Lt. 6) OWNER H. & Z. Tieze FILE No. P/CA 28/13 a o ~ources: 10-Teronet Enterprises Inc. and Its suppliers. All rights Reserved. Not a plan of survey. ~ 2012 MPAC and Its suppliers. All ricjhta Reserved. Not a plan of Survey. DATE Apr. 29, 2013 SCALE 1 :5,000 DRAWN BY JB CHECKED BY MY PN-10 Information Compiled from Applicant's Submitted Plan PICA 28/13 H. & Z. Tieze PINE GROVE AVENUE E (J) 0 <D 18.2m ,[J SHED I I I I L---.J 33.4m 15.2m E 0 ...... <D 21 To permit a 1.0 metre east side yard width to an existing dwelling To permit a 0.8 metre east side yard width to an existing deck This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, May 7, 2013. From: Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 29113 Meeting Date: May 22, 2013 Manager, Development Review & Urban Design Subject: . Committee of Adjustment Application PICA 29113 G. & J. Timleck 691 Foxwood Trail Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 1543182 to permit a 0.2 metre south side yard width to an existing accessory structure (pergola attached to a deck) not part of the main building, whereas the by-law requires a minimum side yard width of 1.0 metre for all accessory structures not part of the main building. The applicant requests approval of this variance in order to obtain a building permit for an existing accessory structure (pergola attached to a deck) associated with an above ground pool. Recommendation The City Development Department considers the 0.2 metre south side yard width to an existing accessory structure (pergola attached to a deck) not part of the main building is not considered to be minor in nature; not desirable for the appropriate development of the land, building or structure; and not in keeping with the general intent and purpose of the Zoning By-law, and therefore recommends Refusal of the proposed variance. Comment Official Plan and Zoning By-law Pickering Official Plan -Urban Residential Areas -Low Density Areas within the Amberlea Neighbourhood Zoning By-law 3036 as amended by By-law 1543182-"S-SD-SA" Report PICA 29/13 Appropriateness of the Application Accessory Structure Setback Variance May 22, 2013 ~~ 3 Page 2 • the intent of the zoning by-law in requiring accessory structures to provide a minimum 1.0 metre setback from lot lines is to ensure that adequate space is available for maintenance, to ensure that the eaves/overhangs 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 applicant has installed an above ground pool and constructed a 1.0 metre high detached deck around the pool. In addition, the applicant has erected a 2.5 metre high pergola on top of the deck and a fence along the south side of the deck; these works have been constructed without obtaining a building permit • the existing detached deck has a south side yard setback of 0.2 metres and a rear yard setback of 1.0 metres • further reducing the south side yard setback would increase the visual impact on the adjoining properties and would also result in potential increase in the activities on the deck thus having greater negative impacts on the privacy of adjoining properties • this may also establish an undesirable precedent for property owners to construct decks beyond the by-law requirements • staff are of the opinion that the deck, pergola and fence would create an adverse impact on to the abutting neighbours and therefore staff are of the opinion that the requested variance is not minor in nature, not desirable and appropriate for the development of the land and does not meet the general intent of Zoning By-law • it should be noted that the applicant has submitted letters from 3 property owners in the neighbourhood indicating that they have no issue or objection to the proposed variance Date of report: May 16, 2013 Comments prepared by: ~~ Nile h Surti, MCIP, RPP Planner II Manager, Development Review & Urban Design MY:NS:Id J: \Oocuments\Development\Dw3700\Reports\20 1 3\pca29-13. doc Enclosures ~ J AMBERLEA PARK City of Pickering City Development Department PROPERTY DESCRIPTION 691 Foxwood Traii(Pian 40M-1254, Pt. Block 9, 40R-7440, Par116) OWNER G. & J. Timleck DATE Apr. 29, 2013 DRAWN BY JB FILE No. P/CA 29/13 SCALE 1 :5,000 CHECKED BY MY PN-10 ....J ~ 1- 0 0 0 ~ 0 LL E '<I" ai Information Compiled from Applicant's Submitted Plan PICA 29/13 G. & J. Timleck EXISTING DWELLING . '· 37.8m EXISTING PERGOLA To permit a side yard width of 0.2 metres ':5 This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, May 3, 2013. Information Compiled from Applicant's Submitted Plan PICA 29/13 G. & J. Timleck NORTH ELEVATION WEST ELEVATION ' = F ~( / F= E 1.0 ('I) ~ 0 1 This map was produced by the City of Pickering City Development Department, Planning Information Services Mapping and Design, May 3, 2013.