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HomeMy WebLinkAbout10 August 14, 2013Committee of Adjustment Agenda Meeting Number: 10 Date: Wednesday, August 14, 2013 (I) Adoption of Agenda (II) Adoption of Minutes from July 24, 2013 (Ill) Reports 1. PICA 40113 to PICA 42113 C. Marshall 1897 VVoodview Avenue 2. PICA 43113 B. Sahota 1822 Fairport Road (IV) Adjournment Committee of Adjustment Agenda VVednesday,August14,2013 7:00pm Main Committee Room Page Number 1-3 4-9 10-14 Accessible •--For information related to accessibility requirements please contact: Lesley Dunne PICKE~G 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: Committee of Adjustment Meeting Minutes O l Wednesday, July 24, 2013 7:00pm Main Committee Room Melissa Markham, Principal Planner-Development Review (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, July 24, 2013 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton Carried Unanimously That the minutes of the 8th meeting of the Committee of Adjustment held Wednesday, July 3, 2013 be adopted. Carried Unanimously Page 1 of 3 02 (I II) 1. Reports PICA 39113 Squires Corp. 11 00 Squires Beach Road Committee of Adjustment Meeting Minutes Wednesday, July 24, 2013 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 2511, as amended by By-law 1247181: • to permit a warehouse industrial building having a maximum gross floor area of 27,530 square metres; whereas the by-law permits a maximum gross floor area of 26,700 square metres; and • to permit a canopy to project a maximum of 2.0 metres into the required front yard; whereas the by-law does not permit any obstructions into the required front yard The applicant requests approval of these variances in order to obtain Site Plan Approval to permit an internal second level mezzanine, containing accessory office space and a proposed canopy over the main entrance. Principal Planner-Development Review outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager expressing no concerns. Laurence Cud lip, 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 39113 by Squires Corp., be Approved on the grounds that the maximum gross floor area of 27,530 square metres and a canopy to project a maximum of 2.0 metres into the required front yard are 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, subject to the following conditions: 1. That these variances apply only to the internal second level mezzanine and proposed canopy, as generally sited and outlined on the applicant's submitted plans. Page 2 of 3 Committee of Adjustment Meeting Minutes 0 3 Wednesday, July 24, 2013 7:00pm Main Committee Room 2. That the applicant obtains Site Plan Approval for the proposed development by June 24, 2015, or this decision shall become null and void. 3. That the applicant obtains a building permit for the proposed construction by June 24, 2015, or this decision shall become null and void. Carried Unanimously (IV) Adjournment Date Chair Moved by Tom Copeland Seconded by Eric Newton That the 9th meeting of the 2013 Committee of Adjustment be adjourned at 7:04 pm and the next meeting of the Committee of Adjustment be held on VVednesday,August14,2013. Carried Unanimously Assistant Secretary-Treasurer Page 3 of 3 From: Subject: Application: Nilesh Surti, MCIP, RPP Report tQ Committee of Adjustment Application Number: PICA 40113 to PICA 42113 Meeting Date: August 14, 2013 Manager, Development Review & Urban Design Committee of Adjustment Applications PICA 40113 to PICA 42113 Craig Marshall 1897 Woodview Avenue Parts 8, 12, 17, Plan 40R-28022, Parts 9, 13, 14, 18, 19, 21 Plan 40R-28022, Part 10, 15, 16, 20, 22, Plan 40R-28022 The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 7274113: • to permit a covered platform and steps to project a maximum of 1.0 metre into the required front yard, whereas the by-law does not permit covered steps and platforms to encroach into the required front yard; and • to permit a maximum lot coverage of 45 percent, whereas the by-law permits a maximum lot coverage of 38 percent The applicant has requested these minor variances in order to obtain building permits for the construction of three proposed detached dwellings. Recommendation: The City Development Department considers the covered platform and steps to project a maximum of 1.0 metre into the required front yard and the maximum lot coverage of 45 percent to be minor in nature, 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: 1. That the requested variances apply only to the three detached dwellings on lots generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains building permits for the proposed detached dwellings, by August 14, 2015, or this decision shall become null and void. Report PICA 40113 to PICA 42113 Background: August 14, 2013 OS Page 2 A Zoning By-law Amendment was approved by Council on April 22, 2013 to permit the development of eight lots for detached dwellings having frontage on Sand hurst Crescent, and three lots for detached dwellings and two lots for four semi-detached dwellings having frontage on Nordane Drive (see attachment). The lots fronting Sandhurst Crescent were created through a land division application, which was approved by Durham Region Land Division Committee, on May 22, 2013. The proposed relief from the zoning by-law deals with the encroachment of covered porches and steps into the required front yard and an increase in the lot coverage requirement for three lots fronting Sand hurst Crescent. Upon review of the applications, staff identified that the site specific zoning by-law (7274113), which was passed in April 2013, did not include a provision to allow porches or stairs to encroach into the required front yard. Comment: Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Area -Low Density Areas" within the Highbush Neighbourhood Zoning By-law 3036-"S3"-7274113 Requested Variances: Covered Platform and Steps Projecting into the Required Front Yard • the Zoning By-law does not permit covered steps or platforms to project into the required front yard • the applicant is requesting that a covered platform and steps project 1.0 metre into the required front yard • the intent of the by-law is to ensure adequate space is provided between the covered platform and steps and the street, and to provide an adequate landscaped area within the front yard • the by-law requires a minimum front yard depth of 4.5 metres; the covered platform and steps projecting 1.0 metres into the required front yard is appropriate • the covered platforms are approximately 6.0 square metres (65 square feet), and therefore increase the lot coverage by approximately 1 percent • the proposed building elevations with covered porches provide an enhanced architectural building fagade fronting onto Sandhurst Crescent 06 Report PICA 40113 to PICA 42113 August 14, 2013 Page 3 • the proposed covered porches maintain a common and consistent streetscape and building fagade within the existing neighbourhood • staff are of the opinion that the requested variances to permit covered platforms and steps to project into the required front yard would not have any adverse impacts on the abutting property owners • the requested variance is minor in nature and maintains the intent of the zoning by-law Increase in Lot Coverage • the Zoning By-law permits a maximum lot coverage of 38 percent • the intent of the maximum building lot coverage requirement is to maintain an appropriate amount of outdoor amenity area uncovered by buildings on a lot to regulate the scale and size of the buildings • the increase in lot coverage to 45 percent will not change the character of this property or the area • the proposed dwellings require variances for an increase in lot coverage without the covered platform and steps, the proposed lot coverage for the dwellings without the covered platform and steps is approximately 43 percent • there are no variances required for front, rear or side yard setbacks, therefore the proposed dwelling will be built within the allowable building envelope • staff are of the opinion that the requested variances to permit an increase in lot coverage would not have any adverse impacts on the abutting property owners • the requested variance is minor in nature and maintains the intent of the zoning by-law Date of report: August 8, 2013 Comments prepared by: ;n/(. tr/{rt})ci!V''- Melissa Markham, 'MCIP, RPP Principal Planner, Development Review MM:Id J:\Documents\Development\D-3700\2013\PCA 40-13 to PCA 42-13\Report\PCA 40-13 to PCA 42-13.docx Enclosures Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design 07 I A I I I Ill HH I I I H t~l N:-::C:::-H-;-L-J--\l......-_At:::lVLEN-UE.r::::::r-L__--__/) I I -- '---- ~r--- r-~~~~~z~~~~ w I 0 -(Jyz 0 ~ / FILE No: P/CA 40/13 to P/CA 42/13 APPLICANT: C. Marshall \ PROPERTY DESCRIPTION: 1897 Woodview Ave ~~ PLACE 111 IJIIIIIII - '"1 ~b Plan 329,Pt. Lot 24 & Plan 40M-1700, Blk 45, Pt Blk 44, 40R-17588, City Development Department Part 2, 3, 4 Data Sources: 0-Teronet Enterpl'"isl!ls Inc. and its suppliers. All ri9hts Reserved. Not o plan of survey. I@ 2013 MPAC and its suppliers. All rights Reserved. Not o plan of Surv<e:y_. DATE: July 24, 2013 SCALE 1:5,000 IPN-10 To pe r m i t a co v e r e d pl a t f o r m an d st e p s to pr o j e c t a ma x i m u m of 1. 0 me t r e s in t o th e re q u i r e d fr o n t ya r d \ SA N D H U R S T CR E S C E N T ·· · · · r · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·· · · · · · · · · · · · · · · · · · · · · - · · · · · · · · · · · · · · · · · · · · j ! 15 . 3 3 15 . 3 3 ~ ~ 15 . 3 3 r i : : f l : : ! : i ! i t : ! ! ! l i O J I " ) I !. 2 PR O P O S £ 0 2 ST O R F Y BR I C K OW F L L / N G P/C A 4 0 / 1 3 PR O P O S £ 0 2 ST O R F Y BR I C K OW F L L / N C PIC A 41 / 1 3 ! PR O P O S £ 0 PR O P O S £ 0 I ~ ~ ! : LJl~ ~ - - ~ = = = = = = = = = = - t ~ ~ - - ~ = = ~ ~ ~ - - ~ r - - 1 ~- - - - - - - - - , i To pe r m i t a ma x i m u m lo t i co v e r a g e of 45 pe r c e n t PR O P O S £ 0 2 ST O R F Y BR I C K OW F L L ! 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I I I I I I I I ..____1_ L---------------~ I I / / / / / :--~--~ ------" 09 10 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 43113 Meeting Date: August 14, 2013 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 43113 B. Sahota 1822 Fairport Road The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 16.5 metres, whereas the by-law requires a minimum lot frontage of 18.0 metres. The applicant requests approval of this variance in order to obtain zoning compliance to reduce the minimum lot frontage requirement to facilitate the future severance of a 2. 7 metre wide parcel of land intended to be conveyed to the adjoining property to the south, municipally addressed as 1816 Fairport Road. Recommendation The City Development Department considers the minimum lot frontage of 16.5 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 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 future retained lot created through Land Division Application LD 087113, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for Land Division Application LD 087113 by September 26, 2014, or this decision shall become null and void. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Urban Residential -Low Density Areas" within the Dunbarton Neighbourhood. ---------------------------- Report PICA 43/13 August 14, 2013 Page 2 The Dunbarton Neighbourhood Development Guidelines provides direction on neighbourhood development at a more detailed level than the Pickering Official Plan, including recommendations on lot sizes, lot areas, dwelling types and building setbacks. The Guidelines require new lots along existing roads to have a minimum lot frontage of 15.0 metres and a minimum lot depth of approximately 40.0 metres. The subject property is presently zoned as "R3" -Third Density Residential Zone within Zoning By-law 3036, as amended. Background The applicant has previously submitted a Land Division Application to the Region of Durham Land Division Committee for the subject property (LD 087/13), to convey a 2. 7 metre wide parcel of land to the adjoining property to the south, municipally addressed as 1816 Fairport Road. The Land Division Committeetabled the application at the request of City Development Staff until the applicant obtains approval from the Committee of Adjustment to reduce the minimum lot frontage for the retained parcel to 16.5 metres. The applicant has also submitted two additional Land Division Applications (LD 085/13 and LD 086/13), which were conditionally approved by the Land Division Committee, in order to assemble and consolidate lands with existing land holdings to the south (1814 and 1816 Fairport Road). The applicant intends to consolidate the lands in order to accommodate a future residential subdivision development immediately south of Wingarden Crescent and Shade Master Drive as well as to create three residential lots with minimum lot frontages of 15.0 metres along Fairport Road. Once the lands are consolidated, the applicant intends to file applications for Zoning By-Law Amendment and Draft Plan of Subdivision to facilitate the entire development. Appropriateness of the Application Reduced Lot Frontage Variance • the intent of the minimum lot frontage requirement is to ensure a usable lot size that is compatible with the neighbourhood • the reduced lot frontage of 16.5 metres would ensure a usable lot size that is compatible with the neighbourhood and would provide an appropriate transition from lots currently zoned "R3" to the north (requiring a minimum lot frontage of 18.0 metres) to the lots proposed to be zoned "R4" to the south (requiring a minimum lot frontage of 15.0 metres) • the proposed retained parcel will have sufficient depth and frontage to allow for the construction of a detached dwelling that is in keeping with the existing dwellings along Fairport Road. • the requested lot frontage meets the intent and purpose of the Official Plan, the Dunbarton Neighbourhood Development Guidelines and the Zoning By-law 11 Report PICA 43/13 August 14, 2013 12 Page 3 Date of report: August 8, 2013 Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design AY:NS:Id J:\Documents\Development\D-3700\Reports\201 3\pca43-13.doc Enclosures f---f------1 ~ ~L_---J~f------~------~------~ -f.--- - STROUDS I I - "al ~c City Development Department FILE No: PICA 43/13 APPLICANT: B. Sahota PROPERTY DESCRIPTION: 1822 Fairport Road Plan 819, Lot 26, 40R-25901, Part 2 and 5 Data Sources: o· Teronet Enterprises Inc. and its suppliers. All rights Reserved. Not a plan of survey. f) 2013 t.APAC and its suppliers. All r-ights Reserved. Not a plan of Survey. DATE: July 24, 2013 13 F s SCALE 1 :5,000 I PN-7 14 I I I To permit a minimum lot frontage of 16.5 metres ' 0 <C 0 ~ PROPOSED RETAINED PARCEL f- J ~ 0 PROPOSED LOT UNDER REVIEW BY LAND 44.0m ,, DIVISION .~ o_ APPLICATION (LD 087/13} 1822 I?. ~ ~ FAIRPORT ROAD f ~ - <C ~ -----------------. LL 1 ~ 1816 PROPOSED ~EVERED PARCEL 1'- FAIRPORT ROAD N TO BE ADDED TO E "<"'" 1816 FAIRPORT ROAD ("') N 1814 E FAIRPORT ROAD 0 0 N 1' C.U.ol FILE No: P/CA 43/13 APPLICANT: B. Sahota ~ I~ PROPERTY DESCRIPTION: 1822 Fairport Road Plan 819, Lot 26, 40R-25901, Part 2 and 5 City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEIMNG AT THE CITY OF PICKERING I DATE: July 31,2013 CITY DEVELOPMENT DEPARTMENT.