HomeMy WebLinkAbout11 August 13, 2014L
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Committee of Adjustment
Agenda
Meeting Number: 11
Date: Wednesday, August 13, 2014
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(I) Adoption of Agenda
(II) Adoption of Minutes from July 23, 2014
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(Ill) . Reports
1. PICA 72114
R. Ficara
1739 Silver Maple Drive
2. PICA 73114
Vaster Construction Inc .
2585 Brock Road
3 . PICA 74114
K. &A. Moore
1591 Otonabee Drive
(IV) Adjournment
Committee of Adjustment
Agenda
VVednesday,August13,2014
7:00pm
Main Committee Room
Page Number
1-5
6-10 .
11-15
16-22
Acct;ssibJ~. • _"""""
PlCI<E~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
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Pending Adoption
Present:
Tom Copeland
David Johnson -Chair
Eric Newton
Bill Utton
Shirley Van Steen -Vice-Chair
Also Present:
Melissa Markham, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
(I) Adoption of Agenda
Moved by Bill Utton
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes 0 l
Wednesday, July 23, 2014
7:00pm
· Main Committee Room
That the agenda for the Wednesday, July 23, 2014 meeti~g be adopted.
11111 Carried Unanimously
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(II) Adoption of Minutes
Moved by Tom Copeland
Seconded by Shirley Van Steen
That the minutes of the 9th meeting of the Committee of Adjustment held
Wednesday, July 2, 2014 be adopted.
Carried Unanimously
Page 1 of 5
Committee of Adjustment
· Meeting Minutes
0 2 Wednesday, July 23, 2014
(Ill) Reports
1. PICA 67/14
J. Harbinson
1 002 Albacore Manor
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 2511, as amended by By-law
1299/81, to recognize an existing uncovered platform to project a maximum of
2.0 metres into the required rear yard; whereas the by-law does not permit an
uncovered platform to project into the required rear yard.
The applicant requests approval of this variance in order to obtain a building
permit for an uncovered platform (deck) currently under construction.
Secretary-Treasurer outlined staff recommendation from the .City Development
Department recommending approval subject to conditions. Written comments
were also received from the City's Engineering & Public Works Department
expressing no concerns.
Janis Harbinson, owner, was present to represent the application. Stephanie
Newitt wa~ present seeking information related to the application.
Stephanie Newitt indicated she has spoken with the home owner requesting that
the privacy fence on the east side of the deck be lowered so it does not block her
view of the bay.
In response to a question from a Committee Member, Janis Harbinson indicated
she would speak to the contractor about lowering the privacy fence on the east
side.
Moved by Shirley Van Steen
Seconded by Bill Utton
That application PICA 67/14 by J. Harbinson, be Approved on the grounds that
the uncovered platform projecting a maximum of 2.0 metres into the required rear
yard is minor in nature, desirable for the appropriate development of the la[ld,
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 variance applies only to the uncovered platform, as generally sited
and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the construction by
July 23, 2016, or this decision shall become null and void.
Carried Unanimously
Page 2 of 5
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2. PICA 68114 to PICA 71114
Nuteck Homes Ltd.
1825 1827Appleview Road
Committee of Adjustment
Meeting Minutes 0 3
Wednesday, July 23, 2014
7:00pm
Main Committee Room
PICA 68114 (Proposed Retained Lot-Appleview Road)
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum lot frontage of 15.2 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.
PICA 69114 (Proposed Severed Lot-Appleview Road)
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum lot frontage of 15.2 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.
PICA 70114 (Proposed Severed Lot-Heaths ide Crescent)
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum lot frontage of 12.0 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.
PICA 71114 (Proposed Severed Lot-Heaths ide Crescent)
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum lot frontage of 15.5 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 minor variance applications, to create
three additional lots (two fronting Appleview Road and two fronting Heathside
Crescent) through the Region of Durham Land Division Committee, in order to
permit a detached dwelling on the retained parcel and on each of the proposed
severed parcels. ·
Secretary-Treasurer outlined staff recommendation from the City Development
Department recommending that the applications be tabled. Written comments
were received from the Durham Region Health Department expressing no
concerns with the applications.
Page 3 of 5
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Committee of Adjustment
Meeting Minutes
Wednesday, July 23, 2014
7:00pm
Main Committee Room
Written comments were also received from the City's Engineering & Public
Works Department indicating the following concerns.
• the reduction in lot frontage to 12.0 metres, a preliminary grading and
drainage plan is required that demonstrates that lot drainage can be
accommodated without adversely affecting the lot to the north
• the proposed driveway locations related to the crossing at the boulevard
fronting the property to the north
• the location of the existing Canada Post Community Mailbox and street light
fronting the proposed lots on Heathside Crescent, and the requirement for the
relocation of each service
Sarah & Cesare Molinaro were present to represent the applications. Taylan Tatli
of 1638 Heathside Crescent, Johanna & Joe Debono of 1608 He13thside Crescent,
Margaret & Ivan Svendsen of Heathside Crescent and Annette Gatsis of 1651
Heathside Crescent were present in objection to the applications. Joan & Jim
Cushnie of 1610 Heathside Crescent were present representing their neighbours
on Heathside Crescent and the written comments previously received.
Secretary-Treasurer informed the Committee Members that a petition had been
submitted by area residents in opposition to the application stating loss of tree
canopy, small lot frontages, snow storage concerns, crowded on-street parking,
mailbox (elocation and disruption of existing water drainage. A letter was also
received from Jim and Jo13n Cushnie, who were in attendance.
Sarah Molinaro explained this infill development is similar to one that was done
on Rambleberry Avenue. Sarah Molinaro stated that there were concerns from
area residents related to maintaining the existing streetscape. She stated that
existing side yard setbacks along Heathside Crescent are 1.2 metres and the
applications are for a minimum 1.5 metre side yard setback, she also mentioned
that the lot coverage on the proposed lots is lower than what is permitted. She
also indicated the intent to preserve as many trees as possible on the site and
will work with a tree planting program to replace the trees that have been
removed.
Jim Cushnie expressed concerns with the development not in keeping with
existing streetscape and the area is different than Ramble berry Avenue. He
stated many concerns such as: safety, lack of on-street parking, snow storage,
loss of mature trees, re-location of community mailbox and ·street light, drainage
onto surrounding properties, the safety of the walkway along the fence line that is
used daily, the proposed distance between driveways and concern with the
-reduction in side yard setbacks. Jim Cushnie also submitted a written petition
signed by 33 surrounding residents in objection to the applications. He stated
that the applications to reduce lot frontage were not minor.
Page 4 of 5
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Moved by Tom Copeland
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes
Wednesday, July 23, 2014 05
7:00pm
Main Committee Room
That applications PICA 68114 to PICA 71114 by Nuteck Homes Ltd., be Tabled to
allow the owner to continue working with City staff to address technical grading
and driveway location concerns related to the proposed lots fronting Heathside
Crescent and to allow an opportunity for the Committee Members to visit the site
before the application is brought back to the Committee.
Carried Unanimously
(IV) Adjournment
Date
Chair
Moved by Bill Utton
Seconded by Eric Newton
That the 1Oth meeting of the 2014 Committee of Adjustment be adjourned at
7:35 p·m and the next meeting of the Committee of Adjustment be held ori
Wednesday, August 13, 2014. ·
Carried Unanimously
Assistant Secretary-Treasurer
Page 5 of 5
06
Cit.11 a~
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 72114
Meeting Date: August 13, 2014
Princ.ipal Planner-Development Review
Committee of Adjustment Application PICA 72114
R. Ficara
1739 Silver Maple Drive
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4508194:
• to permit a covered platform (deck) with a height of 1.2 metres above grade to
project a maximum of 2.1 metres into the required rear yard; whereas the by-law
permits uncovered steps or platforms not exceeding 1.0 metre in height above
grade to project a maximum of 1.5 metres into any required front or rear yard, and
• to permit a maximum lot coverage of 42 percent; whereas the by-law permits a
maximum lot coverage of 40 percent for a semi-detached dwelling
The applicant requests approval of these variances in order to obtain a building permit
to construct a covered deck in the rear yard ..
Recommendation
The City Development Department considers the covered platform (deck) with a height
of 1.2 metres above grade to project a maximum of 2.1 metres into the required rear
yard, and a maximum lot coverage of 42 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 covered p[atform (deck) as generally sited
and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
August 12, 2016, or this decision shall become null and void.
Comment
Official Plan and Zoning By-law
Pickering Official Plan designates the subject property as "Urban Residential Area-
Low Density" within the Amberlea Neighbourhood.
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Report PICA 72/14 August 13, 2014
Page 2
The subject property is currently zoned "S-SD-SA-2" ....: Single and Semi Detached
Residential Zone within Zoning By-law 3036, as amended by By-law 4508/94, which
provides site specific performance standards. ·
Appropriateness of the Application
Covered Platform Projecting into the Required Rear Yard Variance
• the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height
above grade to project a maximum of 1.5 metres into the required rear yard
• the intent of this provision is to ensure an adequate butdoor private amenity area
is provided within the rear yard, appropriate setbacks are provided to protect the
privacy of abutting property owners, and allow for appropriate access for
maintenance, lot grading and drainage
• the proposed covered platform (deck) projection of 2.1 metres into the required
rear yard maintains the required side yard setbacks and only affects part of the
lot; the remainder complies with the rear yard depth requirement
• an adequate amount of outdoor private amenity area will continue to be provided
within the rear yard and appropriate setbacks are provided to protect the privacy
of abutting property owners
• the requested variance is minor in nature and maintains the intent of the zoning
by-law
Increase in Lot Coverage Variance
• the by-law permits a maximum lot coverage of 40 percent
• the intent of the maximum lot coverage requirement 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
• due to the fact that the platform (deck) is covered by a permanent awning, the
deck area contributes to the overall lot coverage calculation
• the proposed increase in lot coverage to 42 percent will maintain an appropriate
amount of amenity. space uncovered by buildings on a lot
• the proposed variance appears to have minimal adverse impacts on the abutting
neighbours as an a~ceptable amount of buffer space will remain
• the requested variance is minor in nature and maintains the intent of the zoning
by-law
Date of report: August 7, 2014
Lalita Paray, MCIP, RPP
Planner I
LP:MM:Id
J:\Documents\Devetopment\D-3700\2014\PCA 72-14\Report\PCA 72_14.doc
Enclosures
Melissa Markham, MCIP,· RPP
Principal Planner -Development Review
07
City Development
Department
WOODSMERE
ALTONA
FOREST
PARK PUBLIC SCHOOL
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ST. ELIZABETH SETON
SEPARATE SCHOOL
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FILE No: PCA072/14
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APPLICANT: Robert Ficara
ROSE BANK
RESERVOIR
HIGH BUSH
PUBLIC SCHOOL
AMBERLEA
PARK
PROPERTY DESCRIPTION: Plan 40M181 0 Part of Lot 8, 40R16965 Part 6
DATE: July 21, 2014
Doto Sour"ces:
Teronet Enterprises Inc. ond its suppliers. All rights Reserved. Not o plan of survey. 2013 MPAC and its suppliers. All d hts Reserved. Not a plan of Survey. SCALE 1:5,000 PN-11
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Department
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Submitted Plan
FILE No: P/CA 72/14
APPLICANT: R. Ficarra
PROPERTY DESCRIPTION: 1739 Silver Maple Drive (Part of Lot 8,
40M-1810, Part 6 40R-16965)
I DATE: July 23, 2014
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From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment ll
Application Number: PICA 73114
Meeting Date: August 13, 2014
Principal Planner -Development Review
Committee of Adjustment Application PICA 73114
Vastor Construction Inc.
2585 Brock Road
The applicant requests relief from Zoning By-law 3037, as amended by By-law 7218/12
to permit a minimum of 138 parking spaces, whereas the by-law requires a minimum of
184 parking spaces.
The applicant requests approval of this variance in order to obtain site plan approval
and a building permit to construct a 3-storey commercial/office building (Brock Square).
Recommendation
The City Development Department considers a minimum of 138 parking spaces for a
proposed 3-storey commercial/office building 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 variance, subject to the following conditions:
1. That this variance applies only to the proposed development, as generally sited and
outlined on the applicant's submitted plans.
2. That the applicant obtain Site Plan Approval for the proposed construction by
August 12, 2016, or this decision shall become null and void.
Background
On December 18, 2013, the applicant submitted site plan applicationS 01114 proposing
a 3-storey mixed-use building, including 3,233 square metres of total gross floor area for
commercial, office and restaurant uses.
Based on the proposed uses within the building a total of 184 parking spaces were
required to be provided on-site for employees and customers, whereas the original site
plan illustrated a total of 145 parking spaces.
12
Report PICA 73/14 August 13, 2014
Page 2
During the site plan review process, the City had the application peer reviewed by the
City's Urban Design consultants (John G. Williams Limited, Architect) to ensure
conformity to the Development Guidelines for the Duffin Heights Neighbourhood and the
Mattamy Creekside (Phase 3) Supplementary Urban Design Brief. The site plan was
revised with respect to these policies and general principles of good design, which
further reduced the provided parking spaces to a total of 138. Revisions to the plan
included redesigning the proposed parking area to accommodate additional pedestrian
walkways and enhanced landscaping.
On June 25, 2014, the application was brought to the Site Plan Advisory Committee; the
Committee has expressed no concerns with t~e requested variance.
Comment
Official· Plan and Zoning By-law
The subject lands are designated "Mixed-Use Areas-Mixed Corridors" in the Official
· Plan within the Duffin Heights Neighbourhood. The "Mixed Corridor" designation is
intended primarily for residential, retail, community, cultural and recreational uses at a
sc~le serving the community.
The subject property is currently zoned "(H)MU-24"-Mixed Use within Zoning
By-law 3037, as amended by By-law 7218/12, which permits a commercial/office
building .
. The City's Zoning By-law requires that parking shall be provided and maintained at a
minimum of 4.0 parking spaces per 100 square metres of gross leasable floor area for
all permitted uses except restaurants that exceed a total aggregate gross leasable area
of 5QO square metres, which is to be calculated at 10 parking spaces per 100 square
metres of gross leasable floor area.
Appropriateness of the Application
Minimum Parking Variance
• the intent of regulating the minimum number of required parking spaces is to
ensure that parking demand can be accommodated on-site
• the applicant has requested to reduce the total number of required parking
spaces from 184 spaces to 138 spaces .
• in support of this variance, the applica·nt submitted a Traffic Impact and Parking
Study, prepared by Cole Engineering Group Ltd, dated January 29, 2014
demonstrating that ·a reduction in parking spaces would satisfy the proposed
commercial/office building
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Report PICA 73/14 August 13, 2014
Page 3
• the consultant also provided information on minimum parking requirements from
other GTA municipalities which use the following rates:
City of Pickering Town of Richmond Hill City of Toronto
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Retail 4 spaces/1 00 m2 GLFA 5 spaces/100m2 GLFA 1.5 spaces/100m2 GLFA
Office 4 spaces/1 00 m2 GLFA 3.2 spaces/100 tn2 GLFA 1.5 spaces/1 00 m2 GLFA
Restaurant 10 spaces/100m2 GLFA 3 spaces/1 00 m2 GLFA 5 spaces/100m2 GLFA
Total Parking 184 107 48
Spaces
Required
• the consultant has advised that the development is anticipated to be a local
centre and will serve residents within walking distance and therefore anticipated
that a majority of trips to the development will be made by walking or cycling
• the consultant stated that based on the rates established in the parking by-law
and proposed parking standards, the development should supply between 48 and
107 parking spaces, as more recent parking standards reflect current trends
toward reduced vehicle ownership and travel demand management practices
• staff are satisfied that the proposed 138 parking spaces are sufficient to
accommodate-the parking requirements for the proposed uses
• staff are of the opinion that the requested variance is minor in nature, desirable
for the appropriate development of the property, and maintains the intent of the
Pickering Official Plan and Zoning By-law
Date of report: August 7, 2014
~by:
Lalita Paray, MCIP, RPP
Planner I
LP:MM:Id
J:\Oocuments\Development\D-3700\2014\PCA 73-14\Report\PCA 73_14.doc
Enclosures
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
14
City Development
Department
y:
()
0 0:: CD
Location Ma
FILE No: P/CA 73/14
APPLICANT: Vastor Construction Inc
PROPERTY DESCRIPTION: 2585 Brock Road ock 13, Plan
DATE: July 21, 2014
SCALE 1 :5,000
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I I I I --;? ~ ::::,...... . 1' DATE: July 24, 2014 J-..d I CJll I
16
From:
Subject:
Application
Melissa Markham, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 74114
Meeting Date: A~gust 13, 2014
Principal Planner-Development Review
Committee of Adjustment Application PICA 74114
K. &A. Moore
1591 Otonabee Drive
The applicant requests relief from the following provisions of Zoning By-law 3036, as
amended by By-laws 4112192 and 4221193:
• to permit a minimum rear yard depth of 5.0 metres to a proposed sun room;
whereas the by-law requires a minimum rear yard depth of 7.5 metres
• to permit a maximum lot coverage of 43 percent; whereas the by-law permits a
maximum lot coverage of 38 percent, and
• to recognize an existing accessory structure (shed) setback a minimum of 0.6 of
a metre from the west and south lot lines; whereas accessory structures must 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-storey sunroom addition in the rear yard and receive zoning
compliance for an existing accessory structure (shed) in the rear yard.
Recommendation
The City Development Department considers the minimum rear yard depth of 5.0 metres
to a proposed sunroom, a maximum lot coverage of 43 percent and the location of an
existing accessory structure (shed) setback a minimum of 0.6 of a metre from the west
and south lot lines 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-storey sunroom addition and
the existing shed, as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permitter the proposed construction by
August 12, 2016, or this decision, affecting the proposed one-storey sunroom
addition, shall become null and void.
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Report PICA 74/14 August 13, 2014
Page2
Comment
Official Plan and Zoning By-law
Pickering Official Plan-"Urban Residential Ar~as-Low Density Areas" within the
Amberlea Neighbourhood
Zoning By-law 3036, as amended by By-laws 4112/92 and 4221/93-"S1-E"-Single·
Detached Residential Zone
Appropriateness of the Application
Rear Yard Depth and Increased Lot Coverage Variances
• the intent of the minimum rear yard depth and maximum lot coverage provisions
is to ensure that the overall size, scale and massing of a dwelling is appropriate
for the lot size and to ensure an adequate amount of outdoor amenity area
remains uncovered by buildings on a lot
• the proposed rear yard depth of 5.0 metres will still provide a significant amount
of useable amenity space in the rear yard and an appropriate separation distance
between dwellings
• the proposed rear yard depth only affects part of the lot; the remainder complies
with the minimum rear yard depth requirement of 7.5 metres
• the increase in lot coverage to 43 percent will provide for the appropriate
development of the land as the size and massing of the proposed sunroom
addition will be in keeping with the character of the surrounding neighbourhood
• the proposed variances appear to have minimal impact on the abutting
neighbours as there is currently a deck in this location, which is being replaced
by the proposed sunroom
• the requested variances are minor in nature and will meet the intent and purpose
of the Official Plan and the Zoning By-law
Accessory Buildings Setback Variance
• the intent of the minimum 1.0 metre setback requirement for accessory structures
greater than 1.8 metres in height 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 setback of 0.6 of a metre to an existing shed provides adequate
space for maintenance, and ensures overhangs and roof drainage stays on the
property
• the existing setback of 0.6 of a metre does not appear to have any adverse
impact on adjacent properties
• the requested variance to recognize the existing shed is minor in nature and
maintains the intent and purpose of the Official Plan and the Zoning By-law
17
Report PICA 74/14 August 13, 2014
18 Page 3
Date of report: August 7, 2014
Comments prepared by:
Melissa Markham, MCIP, RPP
Principal Planner-Development Review
AY:MM:Id
J:\Documents\Development\D-3700\2014\PCA 74-14\Report\PCA 74-14.doc
Enclosures
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SQUARE
City Development
Department
Location Map
FILE No: P/CA 74/14
APPLICANT: K & A Moore
AVENUE
ST. MARY
PARK
ST. MARY
CATHOLIC
HIGH SCHOOL
19
PROPERTY DESCRIPTION: 1591 Otonabee Drive (Block 6, Plan 40M-1745
& Block 6, 40M-17 48 DATE: July 21, 2014
Dota Sources:
Tcranct Enterprises Inc. ond its =suppliers. All rights Reserved. Not o .pion of survey. 2013 MPAC and its :sup Hers. All ri hts Reserved. Not a pion of Surve • SCALE 1:5,000 PN-11
20
To recognize an existing
accessory structure setback of
0.6 metres from the west and
south lot lines
EXISTING
2 STOREY
DWELLING
PROPOSED
ONE STOREY
SUN ROOM
ADDITION
To permit a maximum lot
coverage of 43 percent
City Development
Department
Submitted Plan
FILE No: P/CA 74/14
To permit a minimum rear yard ·
depth of 5.0 metres to a
proposed sunroom
APPLICANT: K &A Moore
PROPERTY DESCRIPTION: 1591 Otonabee Drive Block 6, Plan 40M-1745
& Block 6, 40M-17 48)
DATE: July 23, 2014
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PROPERTY DESCRIPTION: 1591 Otonabee Drive Block 6, Plan 40M-1745
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DATE: July 23, 2014
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PROPERTY DESCRIPTION: 1591 Otonabee Drive Block 6, Plan 40M-1745
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DATE: July 23, 2014 .