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Home My WebLink About16 November 26, 2014Committee of Adjustment Agenda Meeting Number: 16 Date: Wednesday, November 26, 2014 (I) (II) (Ill) (IV) Adoption of Agenda Committee of Adjustment Agenda Wednesday, November 26, 2014 7:00pm Main Committee Room Page Number Adoption of Minutes from November 5, 2014 1-8 Reports 1. PICA 94114 9-15 C. Newton 631 Liverpool Road 2. PICA 104114 16-21 1155886 Ontario Inc. 425 Whitevale Road 3. PICA 105114 to PICA 108114 22-27 2415357 Ontario Inc. 1769 Woodview Avenue Adjournment 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: David Johnson -Chair Bill Utton Shirley Van Steen -Vice-Chair Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Tom Copeland Eric Newton (I) Adoption of Agenda Moved by Bill Utton Seconded by Shirley Van Steen Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 7:02pm Main Committee Room That the agenda for the Wednesday, November 5, 2014 meeting be adopted. (II) Adoption of Minutes Moved by Shirley Van Steen Seconded by Bill Utton Carried Unanimously That the minutes of the 14th meeting of the Committee of Adjustment held Wednesday, October 15, 2014 be adopted. Carried Unanimously Page 1 of 8 02 (Ill) 1. Reports PICA 95114 K. Belton & N. Jones-Belton 1984 Fairport Road Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 7:02pm Main Committee Room 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. 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. Kofi Belton, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Shirley Van Steen That application PICA 95114 by K. Belton & N. Jones-Belton, be Approved on the grounds that the minimum flankage yard width of 1.5 metres and a maximum lot coverage of 34 percent 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 one and 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. Page 2 of 8 Committee of Adjustment Meeting Minutes q Wednesday, November 5, 2014 '·' 3 7:02pm Main Committee Room 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. Carried Unanimously 2. PICA 98/14 A. & Z. Risteski 1736 Silver Maple Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 4508/94 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. 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. Written comments were also received from Sherwin James of 1739 White Cedar Drive expressing concerns with lack of privacy, height and location of the deck from the rear lot line. Zorica Risteski, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member regarding the applicant's rationale for constructing a deck to provide a level amenity area, Zorica Risteski explained that there is not a slope in the rear yard, but uneven grading throughout the property. Page 3 of 8 Moved by Shirley Van Steen Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 7:02pm Main Committee Room That application PICA 98114 by A. & Z. Risteski, be Approved on the grounds that the 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 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 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. 3. PICA 99114 S. & B. Syed 721 Hillview Crescent Carried Unanimously 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. 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 indicating that the applicant must provide a grading plan and identify downspout discharge locations. Page 4 of 8 Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 n 5 7:02pm Main Committee Room Nadeem lrfan, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Shirley Van Steen That application PICA 99114 by S. & B. Syed, be Approved on the grounds that the minimum side yard width of 1.2 metres on both sides 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 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. Carried Unanimously 4. 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. 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 John Kirkwood of 2300 Abbott Crescent in support of the application. Page 5 of 8 Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 7:02pm Main Committee Room Robert Kovatch, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Shirley Van Steen Seconded by Bill Utton That application PICA 100114 by R. & M. Kovatch, be Approved on the grounds that 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 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 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. 5. PICA 101114 0. Barragan 846 Modlin Road Carried Unanimously 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. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending refusal of the application. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from D. Rigby of 814 Naroch Blvd. expressing concerns 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. Page 6 of 8 Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 rJ 7 7:02pm Main Committee Room Eduardo Barragan, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Eduardo Barragan stated that the requested variance to increase the length of a vehicle included the length of the trailer. He stated that the proposed location of the boat is currently used as a side yard, and not a front yard, as the dwelling fronts onto Naroch Boulevard and not Modlin Road. Eduardo Barragan stated that a new fence would be erected in the yard surrounding the boat to help obstruct the view of the boat and he would also be planting pine trees. In a response to a question from a Committee Member, he stated the boat will be higher than the proposed fence. Eduardo Barragan stated that the requested variance would allow him the convenience of storing his boat closer to his house than at a storage facility. Moved by Bill Utton Seconded by Shirley Van Steen That application PICA 101114 by 0. Barragan, be Refused on the grounds that the 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, is a major variance that is not desirable for the appropriate use of the land. 6. PICA 103114 2362953 Ontario Inc. 1449 Old Forest Road Carried Unanimously 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. 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. Diane Yu, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 7 of 8 08 Moved by Shirley Van Steen Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, November 5, 2014 7:02pm Main Committee Room That application PICA 103/14 by 2362953 Ontario Inc., be Approved on the grounds that the minimum north side yard width of 1.3 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 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. Carried Unanimously (IV) Acknowledgement David Johnson, Chair, noted that since this was the last meeting of the term for Shirley Van Steen he thanked for her involvement and contribution to the Committee during her four year term with the Committee of Adjustment. (V) Adjournment Date Chair Moved by Bill Utton Seconded by Shirley Van Steen That the 15th meeting of the 2014 Committee of Adjustment be adjourned at 7:34pm and the next meeting of the Committee of Adjustment be held on Wednesday, November 26, 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 94114 U 9 Meeting Date: November 26, 2014 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 94114 C. Newton 631 Liverpool Road The applicant requests relief from Zoning By-law 2520, as amended by By-law 5938102: • to permit a commercial school on the subject lands, whereas the by-law does not permit a commercial school • to permit a minimum rear yard setback of 20.0 metres, whereas the by-law requires a minimum rear yard setback of 25.0 metres • to permit a maximum projection of 1.3 metres into the required south side yard, whereas the by-law permits a maximum projection of 0.9 metres into a required side yard • to permit a minimum two-way access drive aisle width of 3.8 metres between Liverpool Road and the rear wall of the ground floor of the proposed building, whereas the by-law requires a minimum two-way access drive aisle width of 6.5 metres The applicant requests approval of these variances in order to obtain Site Plan Approval and a building permit for an addition to an existing building to accommodate a range of permitted uses and a commercial school. Recommendation The City Development Department considers the requested variance to permit a commercial school, a minimum rear yard setback of 20.0 metres, a maximum projection of 1.3 metres into the required south side yard and, a minimum two-way access drive aisle width of 3.8 metres between Liverpool Road and the rear wall of the ground floor of the proposed 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 variances, subject to the following conditions: 10 Report PICA 94/14 November 26, 2014 Page 2 1. That these variances apply only to the proposed development as generally sited and outlined on the applicant's submitted plans. 2. That all non-residential uses permitted within the "MU-13" zone category within Zoning By-law 2520, as amended by By-law 5938/02 and a commercial school may be permitted only within the ground floor and basement of the building, and shall not exceed 360 square metres of gross leasable floor area. 3. That the applicant obtains Site Plan Approval for the proposed construction by November 26, 2015, or this decision shall become null and void. Background On March 7, 2014, the applicant submitted a site plan application for a 712 square metre addition to a 195 square metre existing building to accommodate a commercial school within the basement and on the ground floor, a restaurant on the ground floor and a two-storey dwelling unit on the second and third floors of the building, for a total gross floor arec;t of 907 square metres. A total of 20 parking spaces are provided on-site to accommodate the various uses. On November 6, 2014, a copy of the proposed plans was sent to the Site Plan Advisory Committee for their review and comments. Official Plan and Zoning By-law The Official Plan designates the subject lands as "Urban Residential -Low Density Area" within the Bay Ridges Neighbourhood. The subject lands are further identified as being within the Liverpool Road Corridor which restricts permissible uses to permits retailing of goods and services, restaurants, offices, and community, cultural and recreational uses, to serve the tourist, recreational, boating and other community needs, as well as residential uses. The subject property is zoned "MU-13" -Mixed Use within By-law 2520, as amended by By-law 5938/02, which permits a bed and breakfast establishment, business office, club, day nursery, detached dwelling, personal service shop, professional office, restaurant type-A and retail store. Report PICA 94/14 November 26, 2014 Page 3 Appropriateness of the Application To Permit a Commercial School • the intent of the by-law was to permit limited commercial uses on the subject lands within the existing detached dwelling • as noted above, the zone by-law currently permits a bed and breakfast establishment, business office, club, day nursery, detached dwelling, personal service shop, professional office, restaurant type-A and retail store • the applicant is requesting to permit a commercial school (Mixed Martial Arts) on the subject lands, whereas the by-law does not permit a commercial school • the overall size of the commercial school is approximately 330 square metres, of total gross floor area which represents approximately 37 percent of the total gross floor area of the development • parking requirements for a commercial school is provided at a rate of 4.5 spaces per 1 00 square metres of gross leasable floor area for a total of 15 parking spaces • based on the mix of uses within the proposed development, a total of 20 parking spaces are illustrated on the site plan in accordance with the requirements of the zoning by-law • existing zoning by-laws to the south and to the west of the subject property permit a range of commercial uses including a commercial school • a commercial school is similar in operation to a Club, which is permitted on the property, and will have little adverse impact on the surrounding neighbourhood • the proposed uses are consistent with the permitted uses found within the Liverpool Road Waterfront Node Development Guidelines • the requested variance to permit a commercial school use is minor in nature and maintains the general intent and purpose of the Official Plan and Zoning By-law Minimum rear yard setback variance • the intent of the minimum rear yard setback is to provide an appropriate separation from abutting properties to ensure privacy, conform to the established setbacks on adjacent parcels of land, protect views, and to provide an adequate parking area for proposed commercial uses • the proposed addition would encroach into the rear yard setback by 5.0 metres and would be constructed on piers supporting the second and third floor residential dwelling in order to ensure that adequate parking is provided for the site • the required parking spaces would be located on the ground floor under the cantilevered building addition and in the remainder of the rear yard • the proposed addition would be in keeping with the character of the surrounding area, and would be of an appropriate scale of development in relation to the built form that has been established in the neighbourhood 11 12 Report PICA 94/14 November 26, 2014 Page4 • the reduction of r~ar yard setback from 25.0 metres to 20.0 metres is minor in nature and it would have minimal impact on the privacy of abutting property owners Maximum projection into required side yard variance • the intent of this provision is to ensure that 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 second floor balcony at the southwest corner of the building is uncovered, has a height of approximately 2.8 metres and projects 1.3 metres into the required south side yard • the proposed second storey balcony creates a covered porch on the ground floor which is in keeping with the Nautical Village design of street front presence and pedestrian access to the building • the proposed balcony will provide weather protection and enhance the architectural design of the dwelling • sufficient side yard setback is provided for maintenance, lot grading and drainage • the proposed projection into the required south side yard will have minimal impact on the privacy of abutting property owners Minimum drive aisle width variance • the intent of regulating the minimum width of a two-way access drive aisle is to provide sufficient width to allow vehicles to ingress and egress a site safely without adversely impacting traffic operation • the applicant has requested relief to reduce the minimum two-way access drive aisle width from 6.5 metres to 3.8 metres between Liverpool Road and the rear wall of the ground floor of the building • the existing building on the site is the original 1% storey Victorian farmhouse that dates back to the mid to late 1800s that the owner has made a commitment to preserve as part of the redevelopment • the existing 3.8 metre wide access drive aisle is located between the existing farmhouse and the north property • the vehicular entrance to the site can only accommodate one vehicle at a time • to accommodate a two-way operation, a yield sign will be placed at the rear wall of the building and sign stating "Single lane traffic, proceed with caution" warning drivers entering the site there may be another driver leaving the site • the applicant has provided staff with hours of operations and average anticipated use of the commercial uses to illustrate that the potential on-site traffic will have minimal impact on vehicular traffic flow on Liverpool Road • Engineering and Planning staff have reviewed the submitted proposal and are generally satisfied with the on-site vehicular circulation • the requested variance is minor in nature and maintains the general intent and purpose of the Official Plan, Development Guidelines and the Zoning By-law Report PICA 94/14 Date of report: November 20, 2013 Comments prepared by: :f(~ Isabelle Janton Planner II-Site Planning IJ:NS:Id Nilesh urti, CIP, RPP November 26, 2014 ., 3 Page 5·"" Manager, Development Review & Urban Design J:\Documents\Development\0·3700 Committee of Adjustment (PCA Applications)\2014\PCA 94-14 Carlos Newton\Report\PCA 94-14.doc Enclosures 14 FRENCHMAN'S BAY LAKE ONTARIO City Development Department SCALE 1 :5,000 To pe r m i t a mi n i m u m tw o wa y ac c e s s dr i v e ai s l e wi d t h of 3. 8 me t r e s be t w e 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I DATE:Oct. 20, 2014 ~ c.n 16 From: Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 104114 Meeting Date: November 26, 2014 Manager, Development Review & Urban Design Subject: Committee of Adjustment Application PICA 104114 1155886 Ontario Inc. 425 Whitevale Road Application The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-laws 2677188, 5629100 and 6828108: • to permit one professional office having a maximum gross leasable floor area of 280 square metres; whereas the by-law only permits a professional office as an accessory component to a day spa use with a maximum gross leasable floor area of 300 square metres • to permit a minimum of 21 parking spaces; whereas the by-law requires a minimum of 26 parking spaces The applicant requests approval of these variances in order to obtain zoning compliance and a building permit to recognize an existing professional office (Landscape Architect firm) as a permitted use on the subject property. Recommendation The City Development Department considers a professional office having a maximum gross leasable floor area of 280 square metres and a minimum of 21 parking spaces 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 a maximum of one professional office containing non-medical and related uses with a maximum gross leasable floor area of 280 square metres shall be permitted, as generally sited and outlined on the applicant's submitted plan. 2. That the applicant obtains a building permit for interior alterations to allow for the professional office use by May 27,2015, or this decision shall become null and void. Report PICA 1 04/14 Background November 26, 2014 Page 2 17 Following the circulation of the Public Notice, Planning Staff recognized that the zoning by-law requires a minimum of 26 parking spaces instead of 25, based on the existing and proposed mix of uses within the building, and therefore has amended the minor variance application as follows: Previous Relief Applied For Revised Requested Relief Applied For to permit a minimum of 21 parking to permit a minimum of 21 parking spaces; whereas the by-law requires a spaces; whereas the by-law requires a minimum of 25 parking spaces minimum of 26 parking spaces · 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. In February 2008, Council approved a site specific Zoning By-law Amendment Application (A 11/06) to add additional uses including a bed & breakfast establishment, day spa with an associated professional office and restaurant. The proposed additional uses and the restoration of the existing building were considered compatible with the Hamlet of Whitevale, acceptable redevelopment and reuse of the existing mill and conformed to the policies of the Official Plan. To ensure that the scale of the proposed commercial uses remained appropriate for a Hamlet setting, floor area restrictions, appropriate parking ratios and specific definitions were included in the implementing by-law. The floor area restrictions were also required to ensure an appropriate supply of parking can be accommodated on-site to support the various uses. Additional Information The owner has advised City staff that the following uses will be occupied within the existing building: • one residence within the basement • two retail stores on the main floor • a bed & breakfast establishment on the third floor (currently vacant), and • a professional office (Landscape Architect firm), occupying portions of the first and second floors of the building as well as a mezzanine level The owner has also advised that the Landscape Architect firm currently employs 4 full-time staff and accommodate occasional client meetings. Based on their operation they require approximately 7 parking spaces. 18 Report PICA 104/14 November 26, 2014 Page 3 Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Rural Settlements- Rural Hamlets" and "Hamlet Commercial" within the Whitevale Settlement Area. Uses permitted within the Hamlet Commercial designation include retail, office, business, professional service and employment uses, in addition to residential uses. The subject lands are currently zoned as "HMC9"-Hamlet Commercial Zone within Zoning By-law 3037, as amended by By-laws 2677/88 and 6828/08. The current zoning permits a residence, bed & breakfast establishment, day spa with an associated professional office, restaurant, retail, residential and a small implement repair shop. Appropriateness of the Requested Variances • the by-law currently permits a professional office in association with a day spa with a maximum gross leasable floor area of 300 square metres, with a requirement of 5.0 parking spaces per 100 square metres of gross leasable floor area • the intent of restricting the floor areas is to ensure that the scale of the commercial uses remain appropriate for a Hamlet setting and sufficient on-site parking can be provided to accommodate the various uses • the applicant is requesting to recognize the existing professional office (Landscape Architect firm) with a maximum gross leasable floor area of 280 square metres • based on the floor areas for the proposed and existing mix of uses within the building, a total of 26 parking spaces are required to be provided on-site, 15 of which are required for the Landscape Architect firm • additional on-site parking spaces cannot be provided on the property due to environmental constraints from the West Duffins Creek, which lies immediately west of the subject property • the owner has advised that the firm requires approximately 7 on-site parking spaces therefore reducing the demand for on-site parking • the firm will encourage commercial enterprises to serve the residents of Whitevale and the surrounding area at a scale which remains appropriate for the Hamlet setting • the applicant's proposal demonstrates an adaptive re-use of existing building stock in the Hamlet while maintaining its historic character and also appears to respect the interests of neighbouring residents • professional office use also allows for medical office and related uses which typically have a higher parking demand • to ensure sufficient parking is available, as a condition of approval medical and related uses will not be permitted within the building Report PICA 104/14 November 26, 2014 Page4 • the requested variances are minor in nature, desirable for the appropriate development of the land and maintains the purpose and intent of the Official Plan, Whitevale Settlement policies and the Zoning By-law Date of report: November 20, 2014 Comments prepared by: d, MCIP, RPP AY:NS:Id J:\Oocuments\Development\D-3700\2014\PCA 1 04-14\Report\PCA 1 04-14.doc Enclosures i, M IP, RPP Manager, Development Review & Urban Design 19 ) 0 <( 0 0:: <( z 0 ~ <( ~ City Development Department AL1~ ~ I I~ I ~ ,__________. I~ lu Location Map FILE No: PICA 104/14 APPLICANT: 1155886 Ontario Inc. PROPERTY DESCRIPTION:425 Whitevale Road (Plan 21 Lot 25 to 27, 40R~ 1139 Part 5, 6) DATE: Oct. 28, 2014 Data Sources: lei Teranet Enterprises Inc. and Its suppliers. All rights Reserved. Not a plan of survey. ~ 2013 ~PAC and Ita suppliers. All ri9hta Reserved. Not a plan of Surv~ SCALE 1 :5,000 IPN-RU To permit a minimum of 21 parking spaces WHITEVALE ROAD To permit one professional office, having a maximum gross leasable floor area of 0 "" 280 square metres ,o25n ±23~ t12._. EXIST SIDESETBAC!( I f)(ISTING BUILDING I E)(ISTINGFL.ANKAGE I -·-·-.-. ·-·-.-·-.-.-.-·-.--·-. 7.:.-;:;,-.;;:..:;:;;;;·-·-·-.-·-·-·-·-1-·-·-I·-·-·-.-·-·-·--·-·-·-·--·-·-·-.-·-·-·-. ;:-;; ·-.-·-.-.- -1---,...----------------------------------------------------------------------~---------------o---------------o------............ ..... BRIDG ~ EOOE:oF :.:t Submitted Plan I I FILE No: P/CA 104/14 APPLICANT: 1155886 Ontario Inc. 21 1' - "ol ~ City Development Department PROPERTY DESCRIPTION:425 Whitevale Road (Plan 21 Lot 25 to 27, 40R-1139 Part 5, 6} FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIE'MNG AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. I DATE:Nov.6,2014 From: Subject: Application Nilesh Surti, MCIP, RPP Rep.ort to Committee of Adjustment Application Number: PICA 105114 to 108114 Meeting Date: November 26, 2014 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 105114 to 108114 2415357 Ontario Inc. 1769 Woodview Avenue PICA 105114 (Part 3-Woodview Avenue) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling. PICA 106114 (Part 1-Woodview Avenue) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling. PICA 107114 (Part 2-Oakburn Street) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling. PICA 108114 (Part 4-Oakburn Street) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling. The applicant proposes to create a total of four residential lots for detached dwellings through the Region of Durham Land Division Committee (two fronting onto Woodview Avenue and two fronting onto Oakburn Street). To facilitate the future development of the detached dwellings, the applicant has requested approval of these four minor variance applications to reduce the minimum side yard width. Report PICA 105114 to PICA 108114 November 26, 2014 Page 2 Recommendation PICA 105/14 (Part 3-Woodview Avenue) The City Development Department considers a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling 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 lot configuration Part 3, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain final clearance for a future land severance to create the lot by January 22, 2016, or this decision shall become null and void. 3. That the applicant obtains a building permit for the proposed construction on the proposed lot by November 25, 2016, or this decision affecting the reduced side yard width shall become null and void. Recommendation PICA 106/14 (Part 1-Woodview Avenue) The City Development Department considers a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling 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 lot configuration, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain final clearance for a future land severance to create the lot by January 22, 2016, or this decision shall become null and void. 3. That the applicant obtains a building permit for the proposed construction on the proposed lot by November 25, 2016, or this decision affecting the reduced side yard width shall become null and void. Recommendation PICA 107/14 (Part 2-Oakburn Street) The City Development Department considers a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling 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 lot configuration, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain final clearance for a future land severance to create the proposed lot by January 22, 2016, or this decision shall become null and void. ;· ( ... ' 3 Report PICA 105114 to PICA 108114 November 26, 2014 Page 3 3. That the applicant obtains a building permit for the proposed construction on the proposed lot by November 25, 2016, or this decision affecting the reduced side yard width shall become null and void. Recommendation PICA 108/14 (Part 4-Oakburn Street) The City Development Department considers a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling 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 lot configuration, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain final clearance for a future land severance to create the proposed lot by January 22, 2016, or this decision shall become null and void. 3. That the applicant obtains a building permit for the proposed construction on the proposed lot by November 25, 2016, or this decision affecting the reduced side yard width shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Areas -Low Density Areas" within the Highbush Neighbourhood Zoning By-law 3036-"R4-Fourth Density Zone Appropriateness of the Application Reduced 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 meters • the requested variance to reduce the minimum side yard width from 1.5 metres to 1.2 metres for all four lots will provide appropriate separation distances between structures on abutting properties, maintain pedestrian access, and accommodate grading, drainage and residential services • the proposed dwellings will be compatible with the character of the existing neighbourhood Report PICA 105114 to PICA 108114 November26,201~15 Page4 • the requested variances are minor in nature and maintains the intent and purpose of the Official Plan, the High bush Neighbourhood Development Guidelines and the Zoning By-law Input From Other Sources Engineering & Public Works Date of report: November 20, 2014 Comments prepared by: Deepak Bhatt, MCIP, RPP Planner II DB:NS:Id • no concerns Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design J:\Documents\Development\0-3700\2014\PCA 105-14 to PCA 108-14\Report\PCA 105 to 106 -14.doc Enclosures Me City Development Department ST. MONICA 's SEPARATE SCHOOL 228 Pt Lot DATE: Nov.3, 2014 SCALE 1 :5,000 PI C A 10 6 1 1 4 I r/ C A 10 8 / 1 4 To pe r m i t a mi n i m u m To pe r m i t a mi n i m u m si d e ya r d wi d t h of 1. 2 si d e ya r d wi d t h of 1. 2 me t r e s me t r e s E I N I '\ 58 . 5 m 58 . 5 m ' w :: J z ·E I~; ~ * I I LO T AR E A I N E 8'1 2 . 1 6 "l m !P A R T 11 w 1. 0 PR O P O S E D N !P A R T 21 Lri ~ ... - - DW E L L I N G .. - ~ w > _7 . 6 m 0 0 E N 0 Lri ~ .. - II .-, Ci t y De v e l o p m e n t De p a r t m e n t E I LO T AA E A I N tlf 2 . 4 1 sa m ui! !P A R T 41 .. - SE V E R E D PA R C E L 58 . 5 m 58 . 5 m .. - PI C A 10 7 1 1 4 PI C A 10 5 1 1 4 To pe r m i t a mi n i m u m To pe r m i t a mi n i m u m si d e ya r d wi d t h of 1. 2 si d e ya r d wi d t h of 1. 2 me t r e s me t r e s Su b m i t t e d Pl a n FI L E No : P/ C A 10 5 / 1 4 to P/ C A 10 8 / 1 4 AP P L I C A N T : 24 1 5 3 5 7 On t a r i o In c . PR O P E R T Y DE S C R I P T I O N : 1 7 6 9 Wo o d v i e w Av e n u e (P l a n 22 8 Pt Lo t 8) FU L L SC A L E CO P I E S OF TH I S PL A N AR E AV A I L A B L E FO R VIE W I N G AT TH E CI T Y OF PI C K E R I N G CI T Y DE V E L O P M E N T DE P A R T M E N T I E N .. - II· I 1--w w a: 1--(f) z I a: ::J ~I c::a .. - Lril ~ ..-<( 7.6m ' 0 E "! .. - 1' '-" -.] DATE: Nov. 7, 2014