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HomeMy WebLinkAboutMarch 19, 2014 Committee of Adjustment Agenda glat cit1Io1 PICIKEIUNG Meeting Number: 4 Date: Wednesday, March 19, 2014 City °it Committee of Adjustment Agenda I KERIN Wednesday, March 19, 2014 7:00 pm Main Committee Room Page Number (I) Adoption of Agenda (II) Adoption of Minutes from February 26, 2014 1-9 (III) Reports 1. P/CA 09/14 K. Belfon & N. Jones-Belfon 10-15 1984 Fairport Road 2. P/CA 19/14 Maddy Developments Inc. 16-22 433 & 437 Toynevale Road • 3. P/CA 20/14 A. & C. Daniels 23-28 848 Miriam Road (IV) Adjournment • Accessible For information related to accessibility requirements please contact: P I C" E° G Lesley Dunne I� G I������V--- T. 905.420.4660, extension 2024 TTY 905.420.1739 Email Idunne @pickering.ca Citq o¢� Committee of Adjustment Meeting Minutes 01 '- Wednesday, February 26, 2014 7:00 pm Main Committee Room Pending Adoption Present: 'Tom Copeland David Johnson —Chair • Eric Newton Bill Utton Shirley Van Steen—Vice-Chair Also Present: Ross Pym, Principal Planner— Development Review Lesley Dunne, Assistant Secretary-Treasurer Absent: Melissa Markham, Secretary-Treasurer (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, February 26, 2014 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Shirley Van Steen Seconded by Bill Utton That the minutes of the 2nd meeting of the Committee of Adjustment held Wednesday, February 5, 2014 be adopted as amended. Carried Unanimously • Page 1 of 9 • Cat/ 4 - Committee of Adjustment Meeting Minutes Wednesday, February 26, 2014 KAM- 01101 7:00 pm Main Committee Room (III) Reports 1. P/CA 12/14 & P/CA 13/14 J. Roche & J. Cusimano 1474 Rougemount Drive P/CA 12/14 (Proposed Retained Parcel) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.0 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. P/CA 13/14 (Proposed Severed Parcel) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.0 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of these variances in order to create one additional lot through a future Land Division Application with the Region of Durham Land Division Committee. The requested variances will also permit the construction of a two-storey dwelling on both parcels. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Services indicating no concerns with the application. City's Development Services did indicate a concern with the new shed location which may affect the lot to the south and would like to see a grading plan with details of the roof drainage. John Roche, owner, was present to represent the application and provided a history of the property and surrounding neighbourhood. William Tunstead of 1458 Rougemount Drive was present in objection to the application. Page 2 of 9 Cat/ oi4 Committee of Adjustment — Meeting Minutes a ,:y =="' Wednesday, February 26, 2014 ISt4It n 7:00 pm 3 Main Committee Room William Tunstead submitted written comments and pictures for the Committee to review. He stated concerns with loss of natural sunlight onto his property, decrease in property value and loss of privacy. Moved by Shirley Van Steen Seconded by Bill Utton That application P/CA 12/14 by J. Roche &J. Cusimano, be Approved on the grounds that the minimum lot frontage of 15.0 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling for the proposed retained parcel 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: 1. That the variances apply only to the proposed lot configuration for the proposed retained parcel, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance (coordinated with Minor Variance Application file number P/CA 13/14) by May 22, 2015, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction on the proposed retained parcel by February 26, 2016, or this decision affecting the proposed detached dwelling shall become null and void. That application P/CA 13/14 by J. Roche & J. Cusimano, be Approved on the grounds that the minimum lot frontage of 15.0 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling for the proposed severed parcel 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: 1. That the variances apply only to the proposed lot configuration for the proposed severed parcel, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance (coordinated with Minor Variance Application file number P/CA 12/14) by May 22, 2015, or this decision shall become null and void. Page 3 of 9 City 00 == Committee of Adjustment = , � • Meeting Minutes 4 - to-" "�'r'� "'�''' Wednesday, February 26, 2014 7:00 pm Main Committee Room 3. That the applicant obtain a building permit for the proposed construction on the proposed severed parcel by February 26, 2016, or this decision affecting the proposed detached dwelling shall become null and void. Carried Unanimously 2. P/CA 14/14 A. St-Denis 705 Victory Drive The applicant requests relief from Zoning By-law 2511, as amended, to permit a maximum lot coverage of 38 percent, whereas the by-law requires a maximum lot coverage of 33 percent. The applicant requests approval of this variance in order to obtain a building permit to construct a single-storey detached dwelling. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Development Services expressing no concerns. Written comments were received from Llewellyn Pereira & Maria Cordeiro of 709 Victory Drive and Brett& Christine Griggs of 701 Victory Drive along with a petition signed by six surrounding residents in objection to the application. They expressed concerns with water runoff, drainage•and tree removal. They would like to see the downspouts drain to the front or rear of the property and not to the sides which may cause flooding to the neighbouring properties. Angela St-Denis, owner, and Paul Murray, agent, were present to represent the application. Llewellyn Pereira & Maria Cordeiro of 709 Victory Drive, Christine Griggs of 701 Victory Drive and Lisa Martin of 712 Victory Drive were present in objection to the application. In response to a question from a Committee member Paul Murray indicated the trees on the property are well aged and will need to be manicured and/or cut back. Llewellyn Pereira stated the concerns that he raised in his written comments in addition to questioning the purpose of zoning by-laws if they are not going to be adhered to, the difference between minor and major variances and feels this area should be considered a historical community. In response to a question from a Committee member, he indicated the 33% lot coverage would provide more side yard fill for drainage. Page 4 of 9 City 00 Committee of Adjustment 1,1 Meeting Minutes 4 Wednesday, February 26, 2014 05 ���MAK 7:00 pm Main Committee Room Christine Griggs requested clarification on the side yard setbacks and the Principal Planner— Development Review explained the side yard setback for the subject property. Lisa Martin stated a concern with flooding and the large scale of homes that are being built in the neighbourhood. Moved by Bill Utton Seconded by Eric Newton That application P/CA 14/14 by A. St-Denis, be Approved on the grounds that the maximum lot coverage of 38 percent 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 proposed single-storey dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by February 26, 2016, or this decision shall become null and void. Carried Unanimously 3. P/CA 15/14 G. & J. Timleck 691 Foxwood Trail The applicant requests relief from Zoning By-law 3036, as amended by By-law 1543/82 to permit a 0.6 metre south side yard width to an existing accessory structure (deck and pergola) 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 (deck and pergola) associated with an above ground pool. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending refusal of the proposed variance. Page 5 of 9 City oq A Committee of Adjustment Meeting Minutes to G - Wednesday, February 26, 2014 111�� ����� 7:00 pm Main Committee Room • Written comments were also received from the City's Development Services expressing a concern the existing deck and pergola may be constructed within the existing drainage swale and thus affecting the drainage to the,rear of the lot. James Timleck, owner, was present to represent the application. Craig Cats of 689 Foxwood Trail, Douglas Kutz and Debbie King of 693 Foxwood Trail were present in favour of the application. James Timleck stated there were no complaints on the side yard width of the existing deck and pergola and if the deck was relocated or reduced it would not change the visual impact on surrounding neighbours and would be to narrow to use. Craig Cats stated he is the direct neighbour to the south and has no problem with the existing deck and pergola. Douglas Kutz stated he has no problem with the existing deck and pergola. Moved by Shirley Van Steen Seconded by Eric Newton That application P/CA 15/14 by G. & J. Timleck, be Approved on the grounds that the 0.6 metre south side yard width to an existing accessory structure (deck and pergola) not part of the main building is minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the existing accessory structure (deck and pergola), as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the existing accessory structure (deck and pergola) by May 26, 2014, or this decision shall become null and void. Carried Vote - Tom Copeland opposed David Johnson in favour Eric Newton in favour Bill Utton opposed Shirley Van Steen in favour Page 6 of 9 Clty o� Committee of Adjustment ' = Meeting Minutes Wednesday, February 26, 2014 0 7 MIME 7:00 pm Main Committee Room 4. P/CA 16/14 & P/CA 17/14 2307038 Ontario Inc. 1803, 1805, 1811 & 1817 Fairport Road P/CA 16/14 (Lot 12) The applicant requests relief from Zoning By-law 3036, as amended by By-law 7284/13, to permit a minimum lot frontage of 6.9 metres; whereas the by-law requires a minimum lot frontage of 8.5 metres. P/CA 17/14 (Lot 25) The applicant requests relief from Zoning By-law 3036, as amended by By-law 7284/13, to permit a minimum flankage side yard width of 1.5 metres; whereas the by-law requires a minimum flankage side yard width of 2.7 metres. . Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Services expressing no concerns. Brian Moss, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Tom Copeland Seconded by Bill Utton That application P/CA 16/14 by 2307038 Ontario Inc., be Approved on the grounds that the minimum lot frontage of 6.9 metres is 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: 1. That this variance apply only to the proposed lot, as generally sited and outlined on the applicant's submitted plan. 2. That the applicant obtain a building permit for the proposed construction by February 26, 2016, or this decision shall become null and void. • Carried Unanimously Page 7 of 9 City o¢i Committee of Adjustment �, � r Meeting Minutes 1 stir—� �,-�'1 08 —a '•'S ="''' '� Wednesday, February 26, 2014 . I IMMIX 7:00 pm Main Committee Room Moved by Tom Copeland Seconded by Eric Newton That application P/CA 17/14 by 2307038 Ontario Inc., be Approved on the grounds that the minimum flankage side yard width of 1.5 metres is 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: 1. That this variance apply only to the proposed dwelling, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by February 26, 2016, or this decision shall become null and void. Carried Unanimously 5. P/CA 18/14 J. &T. Arsenault 982 Essa Crescent The applicant requests relief from the following provisions of Zoning By-law 2520, as amended: • to permit a minimum front yard setback of 5.0 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a maximum lot coverage of 44 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit an existing uncovered platform (deck) not exceeding 1.0 metre in height, to project a maximum of 4.6 metres into the required rear yard, whereas the by-law does not permit uncovered steps and/or platforms to project into the required rear yard The applicant requests approval of this minor variance application in order to obtain a building permit for the construction of a two-storey addition, enclosed covered entryway and a 1 storey addition to the existing garage. Principal Planner— Development Review outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Services expressing no concerns. Jerry &Theresa Arsenault, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Page 8 of 9 Citrj 00 Committee of Adjustment � ,�_■, Meeting Minutes Wednesday, February 26, 2014 7:00 pm °9 Main Committee Room Moved by Tom Copeland Seconded by Shirley Van Steen That application P/CA 18/14 by J. & T. Arsenault, be Approved on the grounds that the minimum front yard setback of 5.0 metres, a maximum lot coverage of 44 percent and a maximum projection of 4.6 metres into the required rear yard for an existing platform (deck) 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: 1. That the variances apply only to the proposed additions and existing platform (deck) as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed additions by February 26, 2016, or this decision affecting the existing dwelling shall become null and void. Carried Unanimously (IV) Adjournment Moved by Bill Utton Seconded by Eric Newton That the 3`d meeting of the 2014 Committee of Adjustment be adjourned at 8:03 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 19, 2014. Carried Unanimously Date • Chair • Assistant Secretary-Treasurer Page 9 of 9 City o? Report to °A—'-i Committee of Adjustment I ealiNakE Q Application Number: P/CA 09/14 Meeting Date: March 19, 2014 From: Nilesh Surti,'MCIP, RPP Manager,Development Review & Urban Design Subject: Committee of Adjustment Application P/CA 09/14 K. Belfon & N. Jones-Belfon • 1984 Fairport Road Application The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: • to permit a minimum rear yard depth of 4.0 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a maximum lot coverage of 35 percent, whereas the by-law requires a maximum lot coverage of 33 percent • to recognize an existing accessory structure (pergola)to be setback a minimum of 0.3 of a metre from the north rear lot line, whereas the by-law requires all accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines The applicant requests approval of these variances in order to obtain a building permit to construct a one and a half storey addition with an attached garage and to recognize an existing pergola located in the rear yard on the north side of the building. Recommendation The City Development Department considers the minimum rear yard depth of 4.0 metres, the maximum lot•coverage of 33 percent and a north rear yard setback of 0.3 of a metre to an existing accessory structure 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 one and a half storey addition with an attached garage and to the existing pergola, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains a building permit for the proposed construction by March 18, 2016, or the decision affecting the proposed one and a half storey addition with an attached garage shall become null and void. Report P/CA 09/14 March 19, 2014 Page 2 11 Background The subject property is a corner lot. The front lot line is along Fairport Road and the flankage lot line is along Taplin Drive. For corner lots, the zoning by-law may deem the yard opposite the flankage lot line (opposite Taplin Drive) as the rear yard, requiring a minimum depth of 7.5 metres. The yard opposite the front lot line (opposite Fairport Road) may also be deemed an interior side yard, requiring a minimum side yard width of 1.5 metres. Since the main entrance and driveway access is along Taplin Drive, for the purpose of zoning compliance staff have deemed the yard opposite the flankage lot line (opposite Taplin Drive) as the rear yard and the yard opposite the front lot line (opposite Fairport Road) the interior side yard. Comment Official Plan and Zoning By-law Pickering Official Plan— "Urban Residential— Low Density Area"within the Dunbarton Neighbourhood Zoning By-law 3036—"R4"— Fourth Density Residential Zone Appropriateness of the Application Rear Yard Depth Variance • the intent of the minimum rear yard setback is to ensure that an appropriate amenity space is provided in the rear yard • the owners currently maintain a 4.0 metre rear yard setback between the north lot line and the north side of the dwelling • the proposed addition will not encroach within the existing 4.0 metre rear setback, ensuring that an appropriate amenity space will be maintained in the rear yard Lot Coverage Variance • the intent of the maximum lot coverage is to maintain an appropriate size, scale and massing of dwellings and to ensure an adequate amount of outdoor amenity area remains uncovered by buildings on a lot • a sufficient amount of outdoor amenity area will remain uncovered by buildings on the property • the proposed increase in lot coverage to 35 percent will provide for the appropriate development of the land Report P/CA 09/14 March 19, 2014 12 Page 3 Accessory Structure Setback Variance • the intent of the zoning by-law for accessory buildings to provide a minimum 1.0 metre setback from lot lines is to ensure that adequate space is available for maintenance, that the eaves/overhangs do not encroach on adjacent properties, that roof drainage stays on the subject property, and that the visual impact on adjacent properties is minimized • the existing pergola has a permeable roof which makes the structure easy to maintain from its inside and ensures that roof drainage can be contained on the property • the existing setback of 0.3 of a metre does not appear to have any adverse impact on adjacent properties The requested variances above are minor in nature, desirable for the appropriate development of the subject lands, and are in keeping with the intent of the Official Plan and Zoning By-law. Date of report: March 13, 2014 Comments prepared by: I 'Ashley Yea •••, CIP, RPP Nilesh Su , MCIP, RPP Planner II Manager, Development Review& Urban Design AY:NS:Id J:1DocumentslDevelopment1D-3 7 0 01201 41PCA 09-1499epod\PCA 09-14.doc Enclosures 13 %.7?IIIt — == SHER -M 111 , 1'IMI 5== ' DRIVE " CR: il F 111 •► 11, �♦ /1/c1•. °ti• DARWIN IaIuI �11111 11I� / �/AL UI- 1 RfCNT 1,r 1 �0URT FINCH 111 # 111 AVENUE llk FOREST 4jul11 I CHAE 11,11_Il CHAPEL •UBJEC ROPE ►� ♦ 4STLE TAPLIN DRIVE mar i 43J!k Ii= I'I,,,,, ��oc�j 111►►► sj/ThE- ��u - °��►//////////// -: CC° °1 f�T -- --° _- -_a__�--a_Nom— ,'��� I -- ----- /I Ebel ��� --_ III// ° ��1 lif "Ill J__�__z�l�,//Am.,/I/''���� s C.•-d-- --I.--Q=tip--� — MIME MEM=I MU iU'--;-p=,, l' 0 � — GLENANN I I 11 W ,;,' ' ,I ��IIIC a _ - GABLEHURST `''' III I>f — CRESCENT C� a Lo o ra.l liii 1 1 1111 w ! o Location Map Citg 4 `' FILE No:P/CA 09/14 ' "`�-F -�.;- APPLICANT: K. Belfon & N. Jones-Belfon CM.i WI�1 11 1 PROPERTY DESCRIPTION: 1984 Fairport Road(Pt. Lot 7, Plan 818) City Development Department DATE: Jan 13,2014 Tarenet AC aP a It Inc. l d ita aupplts All d. Rea plan Not a plan of .�rvay. SCALE 1:5,OOD AN-7 2015 YPAC and tta auppllen. All riphte Reeerved. Not a plop of Survey. • To recognize a 0.3 of a To permit a minimum I'—"' metre rear yard depth rear yard depth of 4.0 4,.. to an existing metres accessory structure 12.1' v 2.9. ini . -- r _r_T i I.dn SETBACK _ Q I--- _N • I —EXISTING —I PERGOLA Y d —1 I ,:x8.3 ` N i I ► 4r :1} :.1 I O Le b 5 €: 18.2 ; : 'ft 14 1'. PROPOSED IX '"{ EXIST ,. BIDE err k; r 1'/z STOREY I- ' a f,,. PET- -4- NOM , 1 ADDITION Ce PROPOSED I _ • ;+ O ATTACHED i .► •(i ` I a mr GARAGE 2C ii ..■.' � — _-yi r 8.2 ■ p—�• �.5m SETHAgC o _ O O I EXISTING '9 _) r L•4 DRIVEWAY . I• ■•-•••■ • 410 • .. ..-. 0 . • ■...., ...,..-To permit a maximum lot coverage of 35 TAPLIN DRIVE percent 1\ Submitted Plan Chi 4 FILE No:P/CA 9/14 1-'1':"7.'.---;-'t APPLICANT:K.Belfon&N.Jones-Belfon UNINopm en PROPERTY DESCRIPTION:1984 Fairport Road(Pt.Lot 7,Plan 818) City Development Department DATE:Feb.10,2014 III non pia! 1111l1�JL�l7EE!HI__ =_- - .... SOUTH(TAPLIN DRIVE) ELEVATION Z i ni u III EAST(FAIRPORT ROAD) ELEVATION Submitted Plan gif FILE No:P/CA 9/14 ' APPLICANT:K.Belfon&N.Jones-Belfon IiiCerAM me PROPERTY DESCRIPTION:1984 Fairport Road(Pt.Lot 7,Plan 818) City Development i-1i Department V7 DATE:Feb.10,2014 • City o¢ Report to Committee of Adjustment Y6 SOMME Application Number: P/CA 19/14 Meeting Date: March 19, 2014 From: Nilesh.Surti, MCIP, RPP Manager Development Review& Urban Design Subject: Committee of Adjustment Application P/CA 19/14 Maddy Developments Inc. 433 &437 Toynevale Road Application The applicant requests relief from the following provisions of Zoning By-law 2511, as amended: • to permit a minimum south side yard width of 1.2 metres, whereas the by-law requires a minimum side yard width of 1.5 metres • to permit a minimum flankage side yard width of 4.4 metres, whereas the by-law requires a minimum flankage side yard width of 7.5 metres • to permit a covered, unenclosed porch to project a maximum of 0.8 metres into the required flankage side yard, whereas the by-law,requires uncovered steps or platforms not exceeding 1.0 metre in height above grade may project 1.0 metre into any required flankage side yard The applicant requests approval of these variances in order to obtain a building permit for the construction of a two-storey detached dwelling with a covered porch on a proposed corner lot. Recommendation The City Development Department considers a minimum south side yard width of 1.2 metres, a minimum flankage side yard width of 4.4 metres, and allow a covered platform to project a maximum of 0.8 of a metre into the required flankage side yard 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 the variances apply only to the proposed lot that is conditionally approved by the Region of Durham Land Division Committee through Land Division Application file numbers LD 131/13 and LD 132/13 as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed dwelling by March 18, 2016 or this,decision shall become null and void. Report P/CA 19/14 March 19, 2014 7 Page 2 Background: Where the main front entrance faces the flankage side yard on a corner lot(Toynevale Road), the zoning by-law requires a minimum flankage side yard width of 7.5 metres. Upon further review of the applicant's proposal, the City's Planning & Design Section has amended the required minimum flankage side yard width (as provided in the table below) affecting the proposed two-storey detached dwelling with a covered, unenclosed porch and is satisfied that this amendment is in accordance with the spirit and intent of the applicant's requested variances. Previous Relief Applied For Revised Requested Relief Applied For to permit a minimum flankage side yard to permit a minimum flankage side yard width of 4.4 metres, whereas the by-law width of 4.4 metres, whereas the by-law requires a minimum flankage side yard requires a minimum flankage side yard width of 4.5 metres width of 7.5 metres (where the main front entrance faces the flankage side yard) On October 21, 2013 the Region of Durham Land Division Committee approved four separate land division applications,-subject to conditions being fulfilled to the satisfaction of the City, to sever two existing residential lots with frontages along Toynevale Road and Oakwood Drive in order to facilitate the creation of five new lots for detached dwellings. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Urban Residential—Low Density Areas" within the Rosebank Neighbourhood. The subject property is presently zoned "R4"— Fourth Density Residential Zone, Zoning By-law 2511, as amended. Appropriateness of the Application: Side Yard Width & Flankage Side Yard Width Variances • the intent of a minimum 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 meters • the intent of a minimum flankage yard width is to provide an adequate separation distance between buildings and street activity and an adequate landscaped area • Report P/CA 19/14 March 19, 2014 • 18 Page 3 • • reducing the south side yard setback from 1.5 metres to 1.2 metres will maintain appropriate pedestrian access and will accommodate grading and drainage • reducing the required flankage side yard width to 4.4 metre will have no adverse impact to the streetscape Permit a covered, unenclosed porch to project into the required flankage side yard • the zoning by-law only permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project 1.0 metre into the required flankage side yard • the applicant has requested to permit a covered, unenclosed porch to project 0.8 metres into the flankage side yard • the proposed cover platform will provide weather protection and enhance the architectural design of the dwelling The requested variances above are minor in nature, desirable for the appropriate development of the subject lands and is in keeping with the intent of the Official Plan and Zoning By-law. Date of report: March 13, 2014 Co ent• prepared by: , ^ �eepa Bhatt, MCIP, RPP es Surd, MCIP, RPP Planner II Manager, Development Review & Urban Design DB:NS:Id J:1 Documents\Development0-3700\2 01 41PCA 19-141Report\PCA 19-14.doc . Enclosures . _ I/11 - ''. 19 Jlr _� a • _z C J KEN //,--- ao� a° // o / `1r r..0° .- III"' ,,,,,v_, - . ., 1 FRONTIER } Q TOYNEVALE ROAD o _ TOYNEVALE ROAD /o:� II „EI> SLIBJ:CT i V i*:•cc "���_� P ROPE"TIES .�.,p. 0 .... w ■_ ■__i o�� .•..�.. z Dv ow cn o iii i _____ ,0 -z MIMI F mum z COURT w z � �J_= I Q w 0 MEMO CC cF.��,`EMI S I DRIVE v 1 ��� _ I I o o I ,,, AO, ■I. ' Ili 'V. X90 7 MAITLAND DRIVE o o , J w o mom O o Y=a z s I Ili �fl1 STAGHORN ROAD CAMIAN 4/400 � �� f� TTTI I 1 I Location Map Cali 4 $ FILE No:P/CA 19/14 APPLICANT: Maddy Developments Inc. • 15 � 1",1 PROPERTY DESCRIPTION: 433 and 437 Toynevale Road (Part Lot 66, City Development Plan 350) DATE: Feb.20,2014 Department rata Sa raa„ Teronot Enterap,rises Inc. nd Ito oupplters. All rights Reserved. Not a plan o/ .ur„<y. SCALE 1:5,000 PN-1 1013 NPAC d Its suppliers. All rights Ressrvad. Not a plan at Survey. 20 To permit a covered porch to project 0.8 of a metre into the required flankage side yard To permit a flankage side yard width of 4.4 metres to a proposed detached dwelling TOYNEVALE ROAD , 27.7m1 E Proposed Lot nr -1111111P Conditionally E all. ' Approved by Land . co I Division (LD r o it 131/13 & 132/13) . *(! W E i a) I PROPOSED L-----`n ,� p 2 STOREY 1 CI 7.6m DWELLING I 7.6m .;e ��;r E O — � I air0) iii f I O Q le --..�T-; _-1 - ,4 t O 9 32.4m i Z' t!' r r' To permit a south side • yard width of 1.2 metres to a proposed detached dwelling 1\ N Submitted Plan City 4 - FILE No: P/CA 19/14 --4: !' APPLICANT: Maddy Developments Inc. O(M�1zt1l 1 PROPERTY DESCRIPTION: 433 and 437 Toynevale Road (Part Lot 66, City Development Plan 350) Department DATE: Mar.4,2014 1 21 .AAIIP r"..-._ �ngrmunu�ra� . z _ — -=Pnn---_=€n® == s=_-__ - =- :_---- -'-i �►�.:,_== -- - -- --- max= mmiw _=�nM1_ --�nawmimn111_ ,....____.,__ _____.„. ... .1-=__--ami.---,—...._,_. ,_ 4 _ . ..„ ......_ .,_,..°Tajo' —=T.r9 r-- ems" ;. WEST(REAR) ELEVATION s + ! u►u - flU.�`'=��T1©= °° '_is IN im moo -_-s is MII nu i .RI.RI in n mnml®II�I nvm� � For �y = -C ®®i mmMmunumu wwwmmmwmnau _� rra-r _ LO N-: _tuiiimmindatnuimwaa nmmumuitimiimmpnn5�B=■IR■�i I n=NE p-n_— aaoo 0000 _m® _ �: .w aooa aoao= .- ; 1t EAST(FRONT) ELEVATION - Submitted Plan City 4 .- FILE No: P/CA 19/14 •-'= '= APPLICANT: Maddy Developments Inc. VS NI �,�,1 PROPERTY DESCRIPTION:433 and 437 Toynevale Road (Part Lot 66, City Development Plan 350 Department ) DATE:Mar.4,2014 22 . . I 1 ERI 1.■ '' ■_Ayr§gra——-.*'. .-,,t*NN,, _-„mm 4N Mii 1111 I■ 44 M■ICI=- I ==...---_--61121- i• ,- = 'air II 1 -a MI 1i a=_- Vi,i�._ ���3 __ - :2-11111-11M gr= I■ . �� ti-��111E■(r®1= ---'■■ME IM■■sue_ , _ ,=-- E I■!®— �1 1,o1 t il 1IU 1111 Iii ■■®8■a te I B.I an_I—. 3[I.1 I.r'! ? �-' m ��� II®a■siE � � —oaz- ii rI -• M 1 X 11 UI UII� ■UI ii 1111._W?=. — — 1111=E .�t .i �� 1.�B®�e =: f 0 B 1111 _ _: :?�! 7•---rte� . igisnyl� •-����'r��•L - i'!— NORTH(FLANKAGE) ELEVATION Submitted Plan Cliq'l FILE No: P/CA 19/14 APPLICANT: Maddy Developments Inc. Ef1NE41■C PROPERTY DESCRIPTION:433 and 437 Toynevale Road (Part Lot 66, City Development Plan 350) Department DATE:Mar.4,2014 city co = Report to =���k�3 i Committee of Adjustment 93 PICKERIN Application Number: P/CA 20/14 Meeting Date: March 19, 2014 From: Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Subject: Committee of Adjustment Application P/CA 20/14 C. Daniels 848 Miriam Road Application The applicant requests relief from Zoning By-law 2520, as amended, to permit a minimum front yard depth of 6.0 metres and a minimum south side yard width of 0.9 of a metre, whereas the by-law requires a minimum front yard depth of 7.5 metres and a minimum side yard width of 1.5 metres. The applicant requests approval of these variances in order to obtain a building permit to construct an enclosed covered entryway and an attached garage. • Recommendation The City Development Department considers the minimum front yard depth of 6.0 metres and the minimum south side yard width of 0.9 of a metre 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 enclosed covered entryway and attached garage, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by March 18, 2016, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan—"Urban Residential— Low Density Areas" within the Bay Ridges Neighbourhood Zoning By-law 2520—"RM1" — Multiple Family Dwelling — First Density Zone Report P/CA 20/14 March 19, 2014 Page 2 4 Appropriateness of the Application Front Yard Depth Variance • the intent of a front yard setback is to ensure that an adequate landscaped area, parking area and separation distance is provided between the dwelling and the front lot line • the proposed enclosed covered entryway and attached garage will maintain an adequate soft landscaped area and provide a sufficient parking area in front of the proposed garage • the proposed 6.0 metre front yard setback will maintain an appropriate separation distance from street activity in the front yard and is generally consistent with the existing front yard setbacks along Miriam Road Side Yard Width Variance • • the intent of a minimum side yard width is to provide an appropriate separation distance between structures on abutting properties in order to maintain pedestrian access, and to accommodate grading, drainage and residential services such as air conditioning units and utility meters • the proposed attached garage will maintain an appropriate separation distance from the existing dwelling on the abutting property to the south (846 Miriam Road) • appropriate pedestrian access between the south property line and the proposed attached garage will also be maintained • proposed grading, drainage and residential services beside the proposed attached garage can be accommodated on the subject property The requested variances above are minor in nature, desirable for the appropriate development of the subject lands and is in keeping with the intent of the Official Plan and Zoning By-law. Date of report: March 12, 2014 Comments prepared by: -y Yea ••• u _ RPP Nilesh Surti, CIP, RPP Planner II Manager, Development Review & Urban Design n AY:NS:Id J:1D000men tslDevelopmem1D37ao\2aulPCA 20-14YteporflPCA 2O-14.doc Enclosures • - - 25 = _- � I% !R , I_ - -- MITCHEL o� - FUSCHIA — • a E BAY/IEW L —_r—z ce HEIGHTS - o x> w a PUBLIC SCHOOL _ r al we III _o —o0 et 0 PARK VIA SO, IINS..m _= N REGA -_ - 1111111111�1 s 0 o AVENUE - r - PATMORE oz GARV111100,'� r ,� a" Z D ��� w NM a o zE t ,/,►►,,,I'io� .". -- == �M� , ZATOR ���,= ! o MIi♦ . �- -�< - =on. °_- I �� osDgoi _°=� moo, Taos 3� /+50 o ��rn� ��➢ so ea�los ->-_ =� 11111.....1111111... 8 WEN =,D o EMO BOULEVARD • `jti�+E W -� ,,, �� a Deallllll 11111��1 I� ��,°G� sir - '� BALSDON �``` ,yN :� 01� I) . . . ALYSSUM ST. Os-,, PARK _Z',, *•��,'AIM ( /// �O• IP*1- : � .• rn G�11- la n�I111111 _ :_. w now_i d 111111111111H 111111!!1111! 1 ) —> LUNA CRT. 'll„� a w a - I lk IIIIIk ''1,,. U a a mum FOXGLOVE AVENUE BALATON w AVENUE -E fill!,= w SIR JOHN A. ti♦r*i I'- M .01 Mac DONALD w HOLY —N ��PUBLIC SCHOOL v Z REDEEMER -z SHEARER = �Zo ∎a - SEPARATE MN LASE i♦ SCHOOL Nti��' �_ Li Z DRIVE' i♦ ��' -� m kint,ATRE - OMMERCE � �-w Imo J ' o STREET lulL. —a PO v:i M111111 rn/111111/ _ao� COMMERCE STREET a COLMAR AVENUE 11.0 o- o z�—o 110"\' Ig BROADVIEW STREET a— < �-mounsu o� Location Map Cali �r�� FILE No:P/CA 20/14 = ,-=_r=u i _ APPLICANT: A. &C. Daniels U NI C/N N i& PROPERTY DESCRIPTION: 848 Miriam Road (Lot 599, Plan M11) City Development Department DATE: Mar.5,2014 Dote seerem: 2013 t AC anisit Inc. and Its suppliers- All rights t aerved. Not o Plon of "r.,ty. SCALE 1:5,000 PN-a 2013 YPAC and ih su PPfsrs, All rights Reserved. Net a Plan of Surety. . • 9.,6 . 1 To permit a front yard depth of 6.0 metres .-• 03 -N g 100 .11111 ---- -------------------- 53- 7P 5.8til --- .c° r'------------------------ 3°'7------------- --- --"------------------------- ---- ,3 • PROPOSED 'IMO . . . 1.5 STOREY al 0 ', DWELLING ENCLOSED ', 0) 1,3 COVERED ENTRYWAY . • , ' • . , 3 , . _ • , . . ,__--,------:--.------- . , . , . . PROPOSED • al , ' „ i•,) . ATTACHED -1•3 011 • 3 , . 3 GARAGE PROPOSED . a) I • . . , • . .. .0 DECK , ' , 6.7m I , ; _.. 3 . . . . , _... o iiimos It . CO 1111111 0 30. rn 'cs) 3 /3 . • To permit a south side yard width of 0.9 metres to a proposed attached garage N Submitted Plan City 4 - FILE No: P/CA 20/14 APPLICANT: A. &C. Daniels CiAitItNiilt PROPERTY DESCRIPTION:848 Miriam Road (Lot 599, Plan M11) City Development Department DATE:Mar.5,2014 '7 11 7.3m ►1 WEST ELEVATION 00000000 :1 ®®®01®01®® N MEM= WOO - �► 0101®®® fofk; 'a 5.1m - 3.6m -1- EAST(FRONT) ELEVATION • Submitted Plan FILE No: P/CA 20/14 -' APPLICANT: A. & C. Daniels ON`IMNIOC PROPERTY DESCRIPTION:848 Miriam Road (Lot 599, Plan M11) City Development Department DATE:Mar.5,2014 28 ti 13.7m NORTH ELEVATION C ") PROPOSED ATTACHED GARAGE rf=r 6.7m x 5.2m 0.4m `�� 3.0m 6.7m .1 SOUTH ELEVATION Submitted Plan City'l FILE No: P/CA 20/14 • M ��-0° ' APPLICANT: A. & C. Daniels PROPERTY DESCRIPTION:848 Miriam Road (Lot 599, Plan M11) City Development Department DATE:Mar.5,2014