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Home My WebLink About11 September 4, 2013.Committee of Adjustment Agenda. Meeting Number:11 Date:Wednesday,September 4,2013 Committee of Adjustment Agenda Wednesday,September 4,2013 7:00 pm Main Committee Room Page Number (I)Adoption of Agenda (II)Adoption of Minutes from August 14,2013 1-4 (III)Reports 1.PICA 44/13 C.Shaw 1286 Commerce Street 5-9 (IV)Adjournment Accessible.__ PICKE~G For infbrmation related to accessibility requirements please contact: Lesley Dunne T.905.420.4660,extension 2024 TTY 905.420.1739 Email Idunne@pickering.ca Committee of Adjustment Meeting Minutes 01 Wednesday,August 14,2013 7:00 pm Main Committee Room Pending Adoption Present: Tom Copeland David Johnson -Chair Eric Newton Bill Utton (arrived 7:05 pm) Shirley Van Steen -Vice-Chair Also Present: Melissa Markham,Principal Planner -Development Review' Lesley Dunne,Assistant Secretary-Treasurer (I)Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the agenda for the Wednesday,August 14,2013 meeting be adopted. Carried Unanimously (II)Adoption of Minutes Moved by Shirley Van Steen Seconded by Eric Newton That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday,July 24,2013 be adopted. Carried Unanimously (III)Reports 1.PICA 40/13 to PICA 42/13 Craig Marshall 1897 Woodview Avenue The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 7274/13: •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 Page 1 of 4 02 Committee of Adjustment Meeting Minutes VVednesday,August14,2013 .7:00 pm Main Committee Room •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. Principal Planner,....Development Review outlined comments received from the City of Pickering City Development Department recommending approval subject to conditions.Written comments were received from the City's Development Control Manager expressing no concerns.Written comments were also received from K.&K.Cahill of 1425 Sandhurst Crescent in favour of the application. Brain Moss,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 Eric Newton That applications PICA 40/13 to PICA 42/13 by Craig Marshall,be Approved on the grounds that 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 is 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, 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. Carried Unanimously 2.PICA 43/13 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. Page 2 of 4 Committee of Adjustment Meeting Minutes VVednesday,August14,2013 03 7:00 pm Main Committee Room 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. 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. Amanda Lazaridis,agent,was present to represent the application.No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Bill Utton That application PICA 43/13 by B.Sahota,be Approved on the grounds that the minimum lot frontage of 16.5 metres 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: 1.That this variance apply only to the future retained lot created through Land Division Application LD 087/13,as generally sited and outlined on the applicant's submitted plans. 2.That the applicant obtains final clearance for Land Division Application LD 087/13 by September 26,2014,or this decision shall become null and void. Carried Unanimously Page 3 of 4 Committee of Adjustment Meeting Minutes04Wednesday,August 14,2013 7:00 pm Main Committee Room (IV)Adjournment Moved by Tom Copeland Seconded by Eric Newton That the 10th meeting of the 2013 Committee of Adjustment be adjourned at 7:09 pm and the next meeting of the Committee of Adjustment be held on Wednesday,September 4,2013. Carried Unanimously Date Chair Assistant Secretary-Treasurer Page 4 of 4 Report to Committee of Adjustment Application Number:PICA 44/13 Meeting Date:September 4,2013 fJ5 From: Subject: Application Ross Pym,MCIP,RPP Principal Planner,Development Review Committee of Adjustment Application PICA 44/13 C.Shaw 1286 Commerce Street The applicant requests relief from the following provisions of Zoning By-law 2511,as amended: •to permit a minimum 0.6 metre side yard width on the east side of the main building and a minimum 2.3 metres side yard width on the west side of the main building, whereas the by-law requires a minimum side yard width of 1.5 metres on one side and 2.4 metres on the other side •to permit a minimum 0.8 metre side yard width to an existing front porch on the west side of the lot,whereas the by-law requires a minimum side yard width of 2.4 metres . •to permit a maximum lot coverage of 37 percent,whereas the by-law permits 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 addition in the rear yard with an unenclosed covered second storey balcony in the rear yard.The applicant also seeks zoning compliance for an existing front porch to encroach into the required side yard. Recommendation The City Development Department considers the minimum 0.6 metre side yard width on the east side of the main building,the minimum 2.3 metres side yard width on the west 'side of the main building,the minimum 0.8 metre side yard width to an existing front porch on the west side of the lot and the maximum lot coverage of 37 percent to be 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,and therefore recommends Approval of the proposed variances,subject to the following conditions: 1.That these variances apply only to the proposed second storey addition attached to the main building,as generally sited and in accordance with the Department recommended variances. 06 Report PICA 44/13 -----~~----------~~~~~~~--, September 4,2013 Page 2 2.That the applicant demonstrates that the location of the proposed two storey addition meets the spatial separation requirements of the Ontario Building Code to the satisfaction of the Chief Building Official prior to receiving a building permit. 3.That the applicant obtains a building permit for the proposed construction by September 4,2015,or this decision shall become null and void. Background Committee of Adjustment applications PICA 16/69 and PICA 45/01 were approved on April 10,1969 and September 5,2001 to recognize an existing non-complying dwelling on a non-complying lot,as well as existing setbacks to the main building and front porch.Upon Staff's review of the application it was determined that the existing front porch required a further side yard width reduction from 1.1 metres to 0.8 metres in order to comply witt-l the Zoning By-law. Comment Official Plan and Zoning By-law Pickering Official Plan -Urban Residential -Low Density Areas within the Bay Ridges Neigbhourhood Zoning By-law 2511 -"R4"-Fourth Density Residential Zone Appropriateness of the Application Side Yard Width Variance for Proposed Two Storey Addition •the intent of the minimum side yard width is to regulate the size,scale and massing of the dwelling to ensure that proposed structures are compatible with the existing community and provide an appropriate distance between structures on abutting properties,to allow for pedestrian access for property maintenance and appropriate lot grading and drainage •the by-law requires a minimum side yard width of 1.5 metres on one side and 2.4 metres on the other •the previous variance application (PICA 45/01)recognized side yard widths for an existing detached dwelling •the proposed two storey addition maintains the side yard widths of the existing dwelling,which is a 2.3 metre side yard width on the west side and a 0.6 metre side yard width on the east side •the proposed side yard widths provide adequate separation distance between the building and the property line to accommodate pedestrian access for property maintenance,lot grading and drainage •the requested variance is minor in nature and maintains the intent of the zoning by-law 'September 4,2013 Page 3 Side Yard Width Variance for Existing Front Porch •the reduction of the side yard width to 0.8 metres is to recognize an existing front porch •the 0.8 metre side yard width provides adequate distance to the property line, and does not adversely impact access,lot grading,drainage or privacy of adjacent properties •the requested variance is minor in nature and maintains the intent of the zoning by-law Increase in Lot Coverage •the intent of the maximum lot coverage requirement is to maintain an appropriate amount of outdoor amenity area uncovered by buildings on a .Iot and to regulate the scale and size of the buildings •the increase in lot coverage to 37 percent will not change the character of the subject property or the area •due to the existing non-complying lot area,which was recognized.on this lot by PICA 45/01,the lot is smaller than other "R4"lots •no variances are required to reduce front or rear yard depth,therefore adequate front and rear yard amenity space will be maintained •the requested variance is minor in nature and maintains the intent of the zoning by-law Date of report:August 28,2013 07 Comments prepared by: ~ Amy Emm,MCIP,RPP Planner II AE:RP:ld J:\Documents\Development\D-3700\2013\PCA 44-13\Report\PCA 44-13(revised).doc Enclosures &,~RPP Principal Planner,Development Review 08 - STREET BROADVIEW _I- - ---- - ~III liD ~BALSDON~ ~+~Oi ~PARK 3\~ ~O W~~% ~~V'j't\ ,,~I I I I"•.....H~I--AVENUE I--I-- f-I--tjl-- ~I--f-Ul'-- ~~ I-- DRIVE ~ f--I--I-- f----I-- I--STREET I-- f----r= I-- f----I-- 01--STREET Z I-- ~ 'rOMMERCE -STREET 0-PARK«~COMMERCE .AVENUE ORCHARD AVENUE I HALLER I I COMMERCE STREET \~~~~-~ ~~C---J ~~e- -'-----j Cl.ANNLAND ~t::J \WHARF STREET ~}~;; ~IINIIIJr-~t---=t--~~=t--=~-'\/~-'ooCl. v~~ R OLD ~IIC) 8R ~NIC:JCOOK~lull NAil ~ AVE."~1l\"I FOXGLOVEr----,ILONA.PARK -~I =-nn -HOLY ROAD REDEEMERTSEPARATE J SCHOOL ESS I I 1/ f-- r-- BROWNING ~~- f----a:::<e::;; - FRENCH N'S BAY £T PAR PRO - -w_::J-i5-?( --- 11IIIr 1'-- Ul FRENCHMANS BA Y --r--- -~f-- >~f-- i:1:l ~I~--~~6 I-- )~f-- 'LJ(lf ~III '1~t '1~11ff1R ~~ WATERP/).(NT \-l L STR1~~~i ~\ll Iff-s-\ \I ( - ~ City Development Department Location Map FILE No:P/CA 44/13 APPLICANT:C.SHAW PROPERTY DESCRIPTION:Plan 65,Block B Part Lot 5 1286 COMMERCE ST.DATE:Aug.15,2013 1.0m E C!9.1m 3.0m Eo<"i EXISTING SHEDS 1.0m To permit a maximum lot coverage of 37 percent E r p.Rop.os"E.[j -.l U1!COVERED i"":i BALCONY i 6.2m PROPOSED ETWOSTOREY~ADDITION r--E'<t ~ 2.3m 0.6m To permit a minimum 2.3 metre side yard on the west side of the main buildin To permit a minimum 0.8 metre side yard to an existing front porch on the west side of the lot 1.5m EXISTING E ONE STOREY ~DWELLING .•... 6.2m To permit a minimum 0.6 metre side yard on the east side of the main building COMMERCE STREET FILE No:PICA 44/13 APPLICANT:C.Shaw- PROPERTY DESCRIPTION:1286 Commerce St. Plan 65,Block B Part Lot 5 City Development Department DATE:Aug 19,2013