HomeMy WebLinkAbout15 November 5, 2014Committee of Adjustment
Agenda
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Meeting Number: 15
Date: Wednesday, November 5, 2014
(I) Adoption of Agenda
(II) Adoption of Minutes from October 15, 2014
(Ill) Reports
1. PICA 95114
K. Belton & N. Jones-Belton
1984 Fairport Road
2. PICA 98114
A. & Z. Risteski
1736 Silver Maple Drive
3. PICA 99114
S. & B. Syed
721 Hillview Crescent
4. PICA 100114
R. & M. Kovatch
2323 Canterbury Crescent
5. PICA 101114
0. Barragan
846 Modlin Road
6. PICA 103114
2362953 Ontario Inc.
1449 Old Forest Road
(IV). Adjournment
Committee of Adjustment
Agenda
Wednesday, November 5, 2014
7:00pm
Main Committee Room
Page Number
1-8
9-14
15-19
20-24
25-28
29-34
35-38
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
Shirley Van Steen -Vice-Chair
Also Present:
Melissa Markham, Secretary-Treasurer
Lesley Dunne, Assistant Secretary-Treasurer
Absent:
Bill Utton
(I) Adoption of Agenda
Moved by Eric Newton
Seconded by Tom Copeland
Committee of Adjustment
Meeting Minutes
Wednesday, October 15, 2014
7:00pm
Main Committee Room
That the agenda for the Wednesday, October 15, 2014 meeting be adopted.
(II) Adoption of Minutes
Moved by Eric Newton
Seconded by Shirley Van Steen
Carried Unanimously
That the minutes of the 13th meeting of the Committee of Adjustment held
Wednesday, September 24, 2014 be adopted.
Carried
Page 1 of 8
Dl
Committee of Adjustment
Meeting Minutes
02 Wednesday, October 15, 2014
(Ill) Reports
1. PICA 89114
C. & L. Gertzos
1972 Glendale Drive
7:00pm
Main Committee Room
The applicant requests relief from the following provisions of Zoning By-law 3036,
as amended:
• to permit accessory buildings (detached garage and hot tub) to be partially
located in the required side yards; whereas the by-law requires all accessory
buildings which are not part of the main building to be erected in the rear yard
• to recognize a 0.8 of a metre south side yard width to an existing accessory
building (detached garage); whereas the by-law requires all accessory
buildings be set back a minimum of 1.0 metre from all lot lines, and
• to recognize an existing uncovered platform (deck) not exceeding 1.4 metres
in height above grade to project a maximum of 1.4 metres into the required
north side yard; whereas the by-law permits uncovered platforms not
exceeding 1.0 metre in height above grade to project a maximum of 0.5 of a
metre into the required side yard
The applicant requests approval of these minor variances in order to allow an
existing detached garage and hot tub to be partially located in the south and
north side yards respectively, and to recognize the location of an existing deck
within the required north side yard.
The Secretary-Treasurer outlined the 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.
Chris Gertzos, owner, 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 Eric Newton
That application PICA 89114 by C. & L. Gertzos, be Approved on the grounds
that the accessory buildings (detached garage and hot tub) to be partially located
in the required side yards; a minimum 0.8 of a metre south side yard width to an
existing accessory building (detached garage), and a maximum projection of
1.4 metres into the required north side yard for an existing uncovered platform
(deck) 1.4 metres in height above grade 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:
Page 2 of 8
Committee of Adjustment
Meeting Minutes
Wednesday, October 15, 2014 03
7:00pm
Main Committee Room
1. That these variances apply only to the existing detached garage, hot tub and
deck, as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed one-storey
addition as generally sited and outlined on the applicant's submitted plans, or
the decision affecting the existing detached garage and hot tub proposed to
be partially located in the south and north side yards respectively shall
become null and void.
2. PICA 90114
K. MacKay
830 Reytan Blvd.
Carried Unanimously
The applicant requests relief from Zoning By-law 2520, as amended, to permit an
unenclosed covered carport having a minimum front yard depth of 7.0 metres
and a minimum flankage side yard width of 3.0 metres; whereas the by-law
requires a minimum front yard depth of 7.5 metres and a minimum flankage side
yard width of 4.5 metres.
The applicant requests approval of these variances in order to obtain a building
permit to construct an unenclosed covered carport within the west side yard.
The Secretary-Treasurer outlined the 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.
The owner was not 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 application PICA 90114 by K. MacKay, be Approved on the grounds that
the minimum front yard depth of 7.0 metres and minimum flankage side yard
width of 3.0 metres 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 these variances apply only to the proposed carport, as generally sited
and outlined on the applicant's submitted plans.
Page 3 of 8
Committee of Adjustment
Meeting Minutes
Wednesday, October 15, 2014
7:00pm
Main Committee Room
2. That the applicant removes/relocates the existing shed currently located in
the west flankage side yard to be in compliance with the zoning by-law
requirements prior to the issuance of a building permit.
3. That the applicant obtain a building permit for the proposed construction by
October 14, 2016, or this decision shall become null and void.
3. PICA 92/14
B. & J. Henderson
1731 Lane Street
Carried Unanimously
The applicant requests relief from Zoning By-law 3037, as amended by By-law
6640/06, to permit an addition to an existing accessory building (detached
garage) partially located within the west side yard; whereas the by-law requires
all accessory .buildings which are not part of the main building to be erected in
the rear yard.
The applicant requests approval of this variance in order to obtain a building
permit to construct an addition to an existing accessory building (detached
garage) partially located within the side yard.
The Secretary-Treasurer outlined the 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.
The owners were not 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 Shirley Van Steen
That application PICA 92/14 by B. & J. Henderson, be Approved on the grounds
that the addition to an existing accessory building (detached garage) partially
located within the west side yard 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 this variance applies only to the proposed addition to the detached
garage as generally sited and outlined on the applicant's submitted plans.
Page 4 of 8
Committee of Adjustment
· Meeting Minutes
Wednesday, October 15, 2014
7:00pm
Main Committee Room
2. That the applicant obtain a building permit for the proposed construction by
October 14, 2016, or this decision shall become null and void.
4. PICA 93114
C. Annable
1435 Altona Road
Carried Unanimously
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum lot frontage of 16.0 metres; whereas the by-law requires a minimum lot
frontage of 18.0 metres.
The applicant requests approval of this variance in order to create one additional
lot through the Region of Durham Land Division Committee for a detached
dwelling.
The Secretary-Treasurer outlined the staff recommendation from the City
Development Department recommending approval subject to conditions. Written
comments were received from the City's Engineering & Public Works Department
expressing no concerns. Written comments were also received from Kevin Ashe,
City Councillor, Ward 1 in support of the application.
Ryan Davidson, 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 Shirley Van Steen
That application PICA 93114 by C. Annable, be Approved on the grounds that
the minimum lot frontage of 16.0 metres 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 this variance applies only to the proposed retained parcel as generally
sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
October 14, 2016, or this decision shall become null and void.
Carried Unanimously
Page 5 of 8
05
CG
5. PICA 96114 & PICA 97114
Maddy Developments Inc.
578 & 580 Oakwood Drive
PICA 96114 (580 Oakwood Drive}
Committee of Adjustment
Meeting Minutes
Wednesday, October 15, 2014
7:00pm
Main Committee Room
The applicant requests relief from Zoning By-law 2511, as amended, to permit a
maximum lot coverage of 38 percent; whereas the by-law permits a maximum lot
coverage of 33 percent.
PICA 97114 (578 Oakwood 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 permits a maximum lot
coverage of 33 percent.
The applicant requests approval of these variances in order to obtain building
permits to facilitate the development of two lots for detached dwellings.
The Secretary-Treasurer outlined the 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.
Kevin Tunney, agent, was present to represent the application. Christine &
Richard Taylor of 569 Oakwood Drive and Abdul Yassine of 571 Oakwood Drive
were present in objection to the application.
Kevin Tunney explained the two proposed dwellings will be high quality homes.
In response to a question from a Committee Member, he stated that trees are
required to be planted in accordance with the landscape plan, which was
required through the land division process. He also stated the proposed
dwellings are in keeping with the surrounding neighbourhood.
Christine & Richard Taylor outlined written comments they previously submitted
to the Committee. They stated concerns such as: loss of tree canopy, demand
for smaller homes, building larger homes is only in the interest of the builder,
larger homes could attract multiple families in the same dwelling, an increase in
coverage would set a precedent for larger homes in the future and will change
the look of the streetscape.
Abdul Yassine indicated the development should be consistent with the rest of
the neighbourhood.
Page 6 of 8
Committee of Adjustment
Meeting Minutes
Wednesday, October 15, 2014. 7 7:00pm U
Main Committee Room
K. Tunney stated that the requested variances are minor in nature.
The Secretary-Treasurer explained the zoning requirements for the two proposed
dwellings and stated that the dwellings complied with all required yard setbacks.
Moved by Tom Copeland
Seconded by Shirley Van Steen
That application PICA 96114 by Maddy Developments Inc., be Approved on the
grounds that the maximum lot coverage of 38 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 this variance applies 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
October 14, 2016, or this decision shall become null and void.
That application PICA 97114 by Maddy Developments Inc., be Approved on the
grounds that the maximum lot coverage of 38 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 this variance applies 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
October 14, 2016, or this decision shall become null and void.
Carried Unanimously
Page 7 of 8
08
(IV)
Date
Chair
Adjournment
Moved by Shirley Van Steen
Seconded by Eric Newton
Committee of Adjustment
Meeting Minutes
Wednesday, October 15, 2014
7:00pm
Main Committee Room
That the 15th meeting of the 2014 Committee of Adjustment be adjourned at
7:34 pm and the next meeting ofthe Committee of Adjustment be held on
Wednesday, November 5, 2014.
Carried Unanimously
Assistant Secretary-Treasurer
Page 8 of 8
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 95114p 9
Meeting Date: November 5, 2014 ···
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 95114
K. Belton & N. Jones-Belton
1984 Fairport Road
The applicant requests relief from the following provisions of Zoning By-law 3036:
• to permit a minimum flankage yard width of 1.5 metres, whereas the by-law
requires a minimum flankage yard width of 4.5 metres
• to permit a maximum lot coverage of 34 percent, whereas the by-law requires a
maximum lot coverage of 33 percent
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 on the east and
south side of the existing dwelling.
Recommendation
The City Development Department considers the minimum flankage yard width of
1.5 metres and a maximum lot coverage of 34 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 one an·d a half storey addition with
an attached garage, as generally sited and outlined on the applicant's submitted
plans.
2. That the previous variance application (PICA 09114) approved by the Committee of
Adjustment on March 19, 2014 affecting the subject property, permitting a reduction
in the minimum rear yard depth and increased lot coverage be repealed.
3. That the applicant submits a landscaping plan for approval to the satisfaction of the
City, to ensure that the proposed attached garage is properly screened from Taplin
Drive.
4. That the applicant obtain a building permit for the proposed construction by
November 4, 2016, or this decision shall become null and void.
10
Report PICA 95114 November 5, 2014
Page 2
Background
On March 19, 2014, the Committee of Adjustment approved Minor Variance Application
PICA 09114, which permitted a reduction in the minimum rear yard depth from 7.5 metres
to 4.0 metres; an increase in the maximum lot coverage from 33 to 35 percent and to
recognize the location of an existing accessory structure (pergola) in the north rear yard.
The applicant requested the above-noted variances in order to support a one and a half
storey addition on the east side of the dwelling with an attached garage on the west side
of the dwelling.
Comment
Official Plan and Zoning By-law
Pickering Official Plan -"Urban Residential -Low Density Areas" within the Dunbarton
Neighbourhood
Zoning By-law 3036 -"R4" -Fourth Density Residential Zone
Appropriateness of the Application
Flankage Side Yard Width Variance
• the intent of a minimum flankage yard width is to provide an adequate separation
distance between buildings and street activity and to maintain an adequate
landscaped area
• the applicant's proposal intends to provide a larger amenity area within the north
and west rear yards of the property
• the proposed flankage yard width of 1.5 metres to a single-storey attached
garage would maintain an adequate separation distance between buildings and
street activity and maintain an adequate landscaped area within the flankage side
yard
• the proposed location of the attached garage from the flankage lot line will
maintain sight triangles between Taplin Drive and Fairport Road
• the applicant proposes to provide landscaping between the proposed garage and
the lot line (as shown on the Applicant's Submitted Plan) to reduce the visual
impact of the garage from Taplin Drive
• the requested flankage side yard width variance is minor in nature and meets the
purpose and intent of the Official Plan and the Zoning By-law
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 significant private outdoor amenity area uncovered by buildings will be provided
on the north and west rear yards of the property
Report PICA 95/14 November 5, 2014
Page 3 11
• the proposed increase in lot coverage to 34 percent is minor in nature and will
provide for the appropriate development of the land
• the requested lot coverage variance meets the purpose and intent of the Official
Plan and the Zoning By-law
Date of report: October 30, 2014
Comments prepared by:
Nilesh urti, MCIP, RPP
Manager, Development Review & Urban Design
AY:NS:Id
J:\Documents\Development\0-3700\2014\PCA 95-14\Report\PCA 95-14.doc
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From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 98114
Meeting Date: November 5, 2014 15
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 98114
A. & Z. Risteski
1736 Silver Maple Drive
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4508194
to permit an uncovered platform (deck) not exceeding 0.2 of a metre in height above
grade to project a maximum of 6.9 metres into the required rear yard, whereas the
by-law permits uncovered platforms not exceeding 1.0 metre in height above grade to
project a maximum of 1.5 metres into the required rear yard.
The applicant requests approval of this variance in order to obtain zoning compliance
for an existing uncovered deck within the required rear yard. A building permit will not
be required since the existing platform is less than 0.6 of a metre above established
grade.
Recommendation
The City Development Department considers an uncovered platform (deck) not exceeding
0.2 of a metre in height above grade to project a maximum of 6.9 metres into the
required rear 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 variance, subject
to the following conditions:
1. That this variance apply only to the existing uncovered platform (deck) as generally
sited and outlined on the applicant's submitted plans.
2. That the owner provides confirmation to the satisfaction of the City Development
Department that the existing deck is situated 0.6 of a metre from the rear lot line by
May 1, 2015 or this decision shall become null and void.
16
Report PICA 98/14
Comment
Official Plan and Zoning By-law
November 5, 2014
Page 2
Pickering Official Plan -"Urban Residential -Low Density Areas" within the Amberlea
Neighbourhood
Zoning By-law 3036, as amended by By-law 4508/94-"S-SD-SA-2"-Single Detached,
Semi Detached and Single Attached Residential Zone
Appropriateness of the Application
Increased Projection of Uncovered Steps and Platforms
• the intent of this provision is to provide the opportunity for any stairs and/or a
landing platform to encroach into the required rear yard when needed; to ensure
an adequate setback is provided to protect the privacy of abutting property
owners, and to ensure an adequate outdoor and amenity area is provided within
the rear yard
• the by-law permits uncovered stairs or platforms not exceeding 1.0 metre in
height above grade to project not more than 1.5 metres into the required rear
yard
• the applicant's rationale for constructing the deck is to provide a level amenity
area in the rear yard due to existing uneven grades throughout the property
• the existing deck will be revised to project a maximum of 6.9 metres into the
required rear yard
• a useable, undeveloped amenity area will be maintained on the north side of the
rear yard
• privacy of abutting property owners appears to be maintained since the existing
deck is 0.2 of a metre above established grade
• appropriate access for maintenance, lot grading and drainage will be provided at
the rear of the property since the deck would accommodate a 0.6 of a metre
setback from the rear property line
• the requested variance is minor in nature and maintains the intent and purpose of
the Official Plan and the Zoning By-law
Input From Other Sources
Sherwin James
1739 White Cedar Drive
• opposes the application
• concerned about lack of privacy, height
and location of the deck from the rear
lot line
Report PICA 98/14
Date of report: October 29, 2014
Comments prepared by:
AY:NS:Id
i, MCIP, RPP
November 5, 2014
·~ 7 Page 3 .L
Manager, Development Review & Urban Design
J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2014\PCA 98-14 A. & Z. Risteski\Report\PCA 98-14.doc
Enclosures
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City Development
Department
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FILE No: P/CA 98/14
APPLICANT: A. & Z. Risteski
ROSEBANK
RESERVOIR
PROPERTY DESCRIPTION: 1736 Silver Maple Drive (Pt Lt 16, Plan
40M-181 0, 40R-16533, Part 5) DATE: Sept. 25, 2014
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DATE: Oct. 20,2014
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 99114
Meeting Date: November 5, 2014
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 99114
S. & B. Syed
721 Hillview Crescent
The applicant requests relief from Zoning By-law 2511, as amended, to permit a
minimum side yard width of 1.2 metres on both sides, where a garage is erected as part
of a detached dwelling; whereas the by-law requires 1.5 metres on both sides, where a
garage is erected as part of a detached dwelling.
The applicant requests approval of this variance in order to obtain a building permit to
construct a two-storey detached dwelling.
Recommendation
The City Development Department considers the minimum side yard width of 1.2 metres
on both sides 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 detached 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
November 4, 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 West Shore
Neighbourhood
Zoning By-law 2511 -"R4"-Fourth Density Residential Zone
Report PICA 99/14 November 5, 2014
Page 2
Appropriateness of the Application
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 side yard width of 1.2 metres will maintain an appropriate
separation distance between structures on the abutting properties
• appropriate pedestrian access between the side lot lines and the proposed
detached dwelling will also be maintained
• proposed grading, drainage and residential services beside the proposed
dwelling can be accommodated on the subject property
• the requested variance to reduce the side yard widths are minor in nature and
will not adversely impact the adjoining properties to the north and south
Date of report: October 30, 2014
Comments prepared by:
Deepak Bhatt, MCIP, RPP
Planner II
DB: NS: ld
J:\Documents\Development\D-3700\2014\PCA 99-14\Report\PCA 99-14 Report.doc
Enclosures
N1 esh urti, MCIP, RPP
Manager, Development Review & Urban Design
') 2 (-...( _-A.
FAIRPORT
BEACH
PUBLIC
SCHOOL
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Department
Location Map
FILE No: P/CA 99/14
APPLICANT: S. & B. Syed
PROPERTY DESCRIPTION:721 Hillview Crescent Lot 95, Plan 331
Dote Sources: Teronet Enterprises Inc. and Its suppliers. A1t rlohts Reserved. Not a plan of survey. 2013 MPAC and Its suppliers. All ri hts Reserved. Not a plan of Survey.
DATE: Oct. 9, 2014
SCALE 1:5,000 PN-2
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DATE: Oct. 21, 2014 ;;:'...,:) w
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City Development
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WEST (FRONT) ELEVATION
Submitted Plan
FILE No: P/CA 99/14 ~----------~----~-------------------------------------------------------~
APPLICANT: S. & B. Syed
PROPERTY DESCRIPTION: 721 Hillview Crescent (Lot 95, Plan 331)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Oct. 21, 2014
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 100114
Meeting Date: November 5, 2014
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 100114
R. & M. Kovatch
2323 Canterbury Crescent
The applicant requests relief from Zoning By-law 3036, as amended by By-law 4365193,
to permit a partially covered platform (deck and attached gazebo) not exceeding
1.0 metre in height above grade to project a maximum of 1.8 metres into the required
rear yard; whereas the by-law permits uncovered platforms not exceeding 1.0 metre in
height above grade to project a maximum of 1.5 metres into the required rear yard.
The applicant requests approval of this variance in order to obtain a building permit to
construct a partially covered deck in the rear yard.
Recommendation
The City Development Department considers the partially covered platform (deck and
attached gazebo) not exceeding 1.0 metre in height above grade to project a maximum
of 1.8 metres into the required rear 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 variance, subject to the following conditions:
1. That this variance applies only to the partially covered platform (deck and attached
gazebo) as generally sited and outlined on the applicant's submitted plans.
2. That the applicant obtain a building permit for the proposed construction by
November 4, 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 Brock
Ridge Neighbourhood
Zoning By-law 3036-"R3-7"-Detached Dwelling Zone
Report PICA 100/14 November 5, 2014
Page 2
Appropriateness of the Application
Partially Covered Platform Projecting into the Required Rear Yard Variance
• the intent of this provision is to ensure an adequate outdoor 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 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 proposed partially covered platform (deck and attached gazebo) projection of
1.8 metres into the required rear yard maintains the required side yard setbacks
and only affects part of the lot
• the proposed deck and partially covered gazebo will have minimal impact on the
privacy of abutting property owners and continues to provide an adequate
amount of outdoor private amenity area in the rear yard
• the requested variance is minor in nature, is desirable for the appropriate
development of the property and maintains the purpose and intent of the Official
Plan and Zoning By-law
Date of report: October 30, 2014
Comments prepared by:
Deepak Bhatt, MCIP, RPP
Planner II
DB:NS:Id
J:\Documents\Development\D-3700\2014 \PCA 100-14 \Report\PCA 1 00-14 Report.doc
Enclosures
Nilesh Surti, MCIP, RPP
Manager, Development Review & Urban Design
City Development
Department
CENTENNIAL
PARK
Location Map
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FILE No: P/CA 100/14
T. WILFRED's
SEPARATE
SCHOOL
APPLICANT: R. & M. Kovatch
27
PROPERTY DESCRIPTION:2323 Canterbur Crescent (Lot 114,
Plan 40M-1771) DATE: Oct. 14,2014
SCALE 1 :5,000 PN-13
')8 t..1
City Development
Department
Submitted Plan
FILE No: P/CA 100/14
PROPOSED
DECK
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covered platform( deck and
attached gazebo) not
exceeding 1.0 metre in
height above grade to
project 1.8 metres into the
required rear yard
APPLICANT: R. & M. Kovatch
PROPERTY DESCRIPTION: 2323 Canterbury Crescent (Lot 114,
Plan 40M-1771)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Oct. 20, 2014
From: Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment 2 9
Application Number: PICA 101114
Meeting Date: November 5, 2014
Manager, Development Review & Urban Design
Subject: Committee of Adjustment Application PICA 101114
0. Barragan
846 Modlin Road
Application
The applicant requests relief from Zoning By-law 2520, as amended:
• to permit a vehicle (boat) to be parked in the front yard, not on a driveway with a
maximum permissible height of 2.7 metres and a maximum permissible length of
9.7 metres; whereas the by-law permits no part of any front or flankage yard,
except a driveway, to be used for the parking or storage of vehicles, with a
maximum permissible height of 3.5 metres and a maximum permissible length of
8.0 metres
The applicant requests approval of these variances in order to allow an oversized boat
to be stored in the front yard.
Recommendation
The City Development Department considers a vehicle (boat) with a maximum
permissible height of 2.7 metres, and a maximum permissible length of 9.7 metres, to
be parked in the front yard, to be a major variance that is not desirable for the
appropriate use of the land and therefore recommends Refusal of the proposed
variance.
Background
Following the circulation of the Public Notice, Planning Staff recognized that the zoning
by-law defines the location of the proposed boat to be situated in the front yard instead
of the flankage yard, and therefore amended the minor variance application as follows:
Previous Relief Applied For Revised Requested Relief Applied For
to permit a vehicle (boat) to be parked in to permit a vehicle (boat) to be parked in
the flankage yard, not on a driveway; the front yard, not on a driveway;
whereas the by-law states no part of any whereas the by-law states no part of any
front or flankage yard, except a driveway, front or flankage yard except a driveway
is to be used for the parking or storage of is to be used for the parking or storage of
vehicles vehicles
30
Report PICA 101/14 November 5, 2014
Page 2
The City Development Department is satisfied that this amendment is in accordance
with the spirit and intent of the applicant's requested variances and has revised the
requested variances to reflect the requirements of the zoning by-law.
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 Residential Zone
Appropriateness of the Application
Oversized Vehicle (boat) Parked in the Front Yard
• the intent of the by-law is to accommodate vehicles commonly associated with
residential uses while restricting the location, the number and the size of the
vehicles in order to preserve and maintain the residential appearance of the
neighbourhood
• the zoning by-law states that in Residential Zones, a maximum of four vehicles,
only one of which may be a trailer, are permitted to park on the exterior of any lot
in a residential zone, provided that only one vehicle parked in a side or rear yard
can be of a size up to a maximum permissible height of 3.5 metres, and a
maximum permissible length of 8.0 metres
• the by-law further states that no part of any front or flankage yard except a
driveway is to be used for the parking or storage of vehicles and no vehicle is to
encroach onto any road allowance
• the by-law further states that the parking or storage of an inoperative vehicle is
not permitted on any lot in a residential zone, unless it is entirely within a fully
enclosed building or structure
• the subject property is a large corner lot with a 1.8 metre high wood privacy fence
in the rear yard, a 1.5 metre high decorative wood fence in the front yard along
Modlin Road, and a driveway access from Naroch Boulevard
• the requested variance is for the storage of an oversized boat on a trailer during
the months of November to April within the front yard, abutting Modlin Road
• the owner has indicated that the boat will be screened with a new 1.8 metre high
privacy wood fence, replacing the decorative fence in the front and north side
yard
• the City's Fence By-law (By-law No. 6943/09) permits either a fence of solid type
construction (e.g board on board fence with no gaps) having a maximum height
of 1.0 metre or a fence of open construction (e.g chain-link fence or wood fence
with gaps) having a maximum height of 1.5 metres within the front yard
• notwithstanding the height of the proposed new fence to be constructed by the
owner, the oversized boat will be visible by approximately 1.2 metres above the
fence, allowing it to still be visible from the street
Report PICA 101/14 November 5, 2014
Page 3 31
• storage of an oversized boat for a period of six months in the front yard does not
meet the intent of the zoning by-law, which is intended to permit the parking of
vehicles on a residential lot
• the oversized boat within the front yard would be highly visible from the street
and would have an adverse visual impact on the abutting neighbourhoods
• the requested variance is a major variance that is not in keeping with the intent
and purpose of the zoning by-law and is not an appropriate use of the lands
Input From Other Sources
D. Rigby
814 Naroch Boulevard
Date of report: October 30, 2014
Comments prepared by:
'\.·· /'J
-) tZ.;)1>-' I l
Lalita Paray, MCIP, RPP
Planner II
LP:NS:Id
J:\Oocuments\Development\0·3700\2014\PCA 1 01-14\Report\PCA 1 01_14.doc
Enclosures
• on October 29, 2014, a letter of concern
was received from the adjacent property
owner to the east, noting that a boat this
large should not be stored in the
neighbourhood and that there is the
potential for a negative visual impact from
her property
Nilesh Surti, MCIP, RPP
Manager, Development Review & Urban Design
32
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r--
I--
City Development
Department
Location Map
FILE No: P/CA 101/14
APPLICANT: E. Barragan
PROPERTY DESCRIPTION:846 Modlin Road (Plan M14 Lot 228)
DATE: Oct. 14, 2014
SCALE 1:5,000 PN-2
City Development
Department
To permit one vehicle
(boat) with a maximum
length of 9.7 metres
OCH eL\/0 N~R .
Submitted Plan
FILE No: P/CA 101/14
APPLICANT: E. Barragan
-33
To permit a vehicle (boat)
to be parked in the front
yard, not on a driveway
PROPERTY DESCRIPTION: 846 Modlin Road (Plan M14 Lot 228)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT DATE: Oct. 20, 2014
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FENCE DATE: Oct. 20, 2014
Citq "~
From:
Subject:
Application
Nilesh Surti, MCIP, RPP
Report to
Committee of Adjustment
Application Number: PICA 103114 35
Meeting Date: November 5, 2014
Manager, Development Review & Urban Design
Committee of Adjustment Application PICA 103114
2362953 Ontario Inc.
1449 Old Forest Road
The applicant requests relief from Zoning By-law 3036, as amended, to permit a
minimum north side yard width of 1.3 metres, whereas the by-law requires a minimum
side yard width of 1.5 metres.
The applicant requests approval of this variance in order to obtain a building permit to
facilitate the development of a two storey detached dwelling.
Recommendation
The City Development Department considers the minimum north side yard width of
1.3 metres 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 detached 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
November 4, 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 Woodlands
Neighbourhood
Zoning By-law 3036 -"R4" -Fourth Density Residential Zone
36
Report PICA 103/14 November 5, 2014
Page 2
Appropriateness of the Application
Side Yard Width Variances
• 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 metres
• the requested variance is due to the irregular grading of the site in order to
accommodate a carport to access the rear garage
• the proposed 1.3 metre north side yard width will provide an appropriate
separation distance between the abutting properties
• appropriate pedestrian access between the north side lot line and the proposed
detached dwelling will also be maintained
• proposed grading, drainage and residential services within the proposed north
side yard can be accommodated on the subject property
• the proposed variance is minor in nature, will not adversely impact the adjoining
properties, and maintains the intent of the Zoning By-law and the Official Plan
Date of report: October 30, 2014
Comments prepared by:
.1-~·
~ta Paray, MCIP, RPP
Planner II
LP:NS:Id
J:\Documents\Development\0·3700\2014\PCA 1 03~ 14\Report\PCA 1 03_14.doc
Enclosures
. sh urti, MCIP, RPP
Manager, Development Review & Urban Design
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Location Map
FILE No: PICA 103/14
APPLICANT: 2362953 Ontario Inc.
PROPERTY DESCRIPTION: 1449 Old Forest Road (Plan 816 Pt Lot 60,
40R-27348 Part 1) DATE: Oct. 14, 2014
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I DATE: Oct. 21 , 2014 w ~