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HomeMy WebLinkAboutJanuary 7, 2015 - CoA - Special MeetingCommittee of Adjustment Agenda Meeting Number: 1 Date: Wednesday, January 7, 2015 Committee of Adjustment Agenda Wednesday, January 7, 2015 7:00pm Main Committee Room Page Number (I) Adoption of Agenda (II) (Ill) Adoption of Minutes from November 26, 2014 Reports 1. P/CA01/15 JMPM Holdings Ltd. 1635 Bayly Street (IV) Adjournment 1-7 8-11 Accessible •-·-·· _ For information related to accessibility requirements please contact: PICKE~~~G Lesley Dunne T. 905.420.4660, extension 2024 TTY 905.420.1739 Email ldunne@pickering.ca Pending Adoption Present: Tom Copeland David Johnson -Chair Eric Newton Bill Utton Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Shirley Van Steen -Vice-Chair (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 01 7:00pm Main Committee Room That the agenda for the Wednesday, November 26, 2014 meeting be adopted. (II) Adoption of Minutes Moved by Bill Utton Seconded by David Johnson Carried Unanimously That the minutes of the 15th meeting of the Committee of Adjustment held Wednesday, November 5, 2014 be adopted. Carried Page 1 of 7 02 (Ill) 1. Reports PICA 94/14 C. Newton 631 Liverpool Road Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 2520, as amended by By-law 5938/02: • 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. 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. Carlos Newton, owner, and Morry Edelstein, agent, were present to represent the application. Nancy Norris of 1305 Wharf Street, Deedee & David Terranova of 11 03 Wharf Street and Cleveland Gervais & Brittany Furnis of 1309 Wharf Street were present to obtain additional information and to express their concerns with the application. Morry Edelstein provided elevation drawings of the proposed building for the Committee Members to review. He stated that he has worked with City staff on the current Site Plan application for the proposed building. He stated that the proposed building will be compatible with the surrounding area and the massing and setbacks of the proposed building are compatible with the neighbourhood. Page 2 of 7 Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 03 7:00pm Main Committee Room Nancy Norris expressed many concerns such as the height of the building, loss of privacy and view of the lake, light pollution, noise from the parking lot and restaurant use, hours of operation for the uses, reduced width of two-way traffic aisle, delivery trucks at the site, and the location of the garbage bins abutting her property. She questioned the use of a gravel parking lot and was concerned with gravel and dirt coming onto her property as run-off from parking lot. She informed the Committee that there is a water problem in the area and was concerned that this development would make the problem worse. She stated that there is already a major concern with traffic on Liverpool Road and there is a lack of parking in the surrounding area. Nancy Norris questioned the number of residential units in the building, tree removal and would like more information on the placement of windows. She also stated she would like to see the installation of an eight foot privacy fence and questioned the need for an additional restaurant in the area. She has concerns about her property value decreasing with this development. David Terranova expressed a concern with losing the view of the lake and a decrease his property value. Brittany Furnis questioned if the restaurant use will be licensed and expressed a concern with potential litter of bottles and noise issues related to loud restaurant patrons in the late evening hours. In response to the concerns of residents, Merry Edelstein provided an overview of the site and explained that the building will be reconstructed on the existing footprint and the height of the building is consistent with existing buildings in the neighbourhood, which complies with the current zoning by-law. He explained that there will be no gate into the parking lot and the parking lot will be paved and not gravel, with drainage from the parking lot directed from west to east. He stated that goose neck lighting will be provided to reduce light pollution and glare, which is a requirement from the City, and garbage will be enclosed at the rear of the property. Carlos Newton explained that peak hours for the Martial Arts Studio are during the winter, and the restaurant use will be small, but will help offset the building costs during the down-season for the Martial Arts Studio. He mentioned that the hours of operation will range from 11:00 am or 3:00pm start for classes and 9:30 pm would be the last class. He mentioned that there will only be one or two windows on the north side of the building. In response to resident concerns Carlos Newton stated there will only be one residential unit and that he will look into relocating the garbage enclosure. Page 3 of 7 Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room That application PICA 94114 by C. Newton, be Tabled to allow the owner to work with surrounding neighbours to address their concerns before the application is brought back to the Committee. 2. PICA 104114 1155886 Ontario Inc. 425 Whitevale Road Carried Unanimously 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. 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. Richard Gosling, 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 Eric Newton That application PICA 104114 by 1155886 Ontario Inc., be Approved on the grounds that the a professional office having a maximum gross leasable floor area of 280 square metres and a minimum of 21 parking spaces 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 4 of 7 Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room 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. 3. PICA 105114 to PICA 108114 2415357 Ontario Inc. 1769 Woodview Avenue PICA 105114 (Part 3-Woodview Avenue) Carried Unanimously 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 106/14 (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. Page 5 of 7 •")5 I. . . ,, Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room 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. 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. Samantha Bateman, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Bill Utton That applications PICA 105114 to PICA 108114 by 2415357 Ontario Inc., be Approved on the grounds that a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling 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 these variances apply only to the proposed lot configuration, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for future land severances to create the lots by January 22, 2016, or this decision shall become null and void. 3. That the applicant obtains building permits for the proposed construction on the proposed lots by November 25, 2016, or this decision affecting the reduced side yard widths shall become null and void. Carried Unanimously (IV) Acknowledgement David Johnson, Chair, noted that this was the last meeting of the term for the current Committee of Adjustment. He thanked the Committee members and City staff for their support during the four year term of Committee of Adjustment. Page 6 of 7 Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room (V) Adjournment Date Chair Moved by Eric Newton Seconded by Bill Utton That the 16th meeting of the 2014 Committee of Adjustment be adjourned at 7:51 pm and the next meeting of the Committee of Adjustment be held in early 2015. Carried Unanimously Assistant Secretary-Treasurer Page 7 of 7 From: Subject: Application Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 01115 Meeting Date: January 7, 2015 Manager, Development Review & Urban Design Committee of Adjustment Application PICA 01115 JMPM Holdings Ltd. 1635 Bayly Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 6974109: • to permit an outdoor patio to be located outside of the building envelope with a minimum setback of 0.8 of a metre from the north lot line The applicant is requesting approval of this minor variance application in order to obtain Site Plan Approval to construct an outdoor patio in association with a proposed restaurant use. Recommendation The City Development Department considers the requested variance to permit an outdoor patio to be located outside of the building envelope with a minimum setback of 0.8 of a metre from the north lot line 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 the variance apply only to the proposed patio as generally sited and outlined on the applicant's submitted plan. 2. That the applicant obtains Site Plan Approval for the proposed patio by January 7, 2016 or this decision shall become null and void. Background On July 24, 2012 Site Plan Approval was granted to permit the development of four commercial buildings and an industrial building on the subject property. Two of the four commercial buildings were constructed without a tenant and currently remain vacant. The applicant has recently signed a lease agreement for Building B with a restaurant operator that requires an outdoor patio as part of their operation. The proposed patio is located along the north fagade of Building B fronting Bayly Street with a setback of 0.8 of a metre from the north lot line. Report PICA 01/15 January 7, 2015 Page 2 Official Plan and Zoning By-law The northerly portion of the subject property, containing the commercial building with the proposed patio, is designated as "Mixed Employment" within the Official Plan, which permits a range of uses, including but not limited to, offices; limited personal services; restaurants, and limited retailing of goods and services serving the area. The subject property is currently zoned as "MC-21" within Zoning By-law 2511, as amended by By-law 6974/09, which permits a variety of uses including restaurant- Type A. Schedule II to By-law 6974/09 establishes a building envelope with a minimum setback of 3.0 metres from all lot lines. The by-law also requires a 3.0 metre wide build-to-zone along the entire length of the property fronting Bayly Street. The applicant is requesting a variance to permit a patio to be constructed outside of the building envelope with a minimum setback of 0.8 of a metre from the north lot line abutting Bayly Street. Appropriateness of the Application • the intent of the building envelope and built-to-zone provisions in the site specific zoning by-law is to create a pedestrian friendly street edge, and to ensure that an adequate building ~etback is provided from all lot lines • the proposed patio is uncovered and delineated by a transparent 1.8 metre high fence • the proposed patio provides an adequate setback to allow for a landscape buffer between the edge of the patio and the property line • the proposed patio will enhance the architectural design of the building and create an active frontage along Bayly Street • reducing the minimum building setback from 3.0 metres to 0.8 of a metre from the north lot line to permit a patio will have minimal impact on abutting properties • Engineering and Planning staff have reviewed the submitted proposal and are generally satisfied with the location of the patio • 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 Date of report: January 2, 2015 Comments prepared by: ~;r~ Isabelle Janton Planner II-Site Planning IJ:NS:Id J:\Documents\Development\0·3700\2015\PCA 01-15\Report\PCA 01-15. doc Enclosures Nilesh urti, CIP, RPP Manager, Development Review & Urban Design 10 I /Yf~ I I~ t PLUMMER STREET ~ 0 (_) 0 Q::' 0:: 0 ~ m I~ _J >-<( ::r:: ()') FIREHALL_ p.. No. 5 / BAYLY STREET BAYLY I~ i " ~ SUBJECT ~ ~~~ WJ!PROPERTY \ \ I~ \ \ \~J m I ORANGEBROOK _(:~ 0 <( 0 0:: Q::' 0 0 DON -BEER Q::' Q::' ARENA 0 \.. u QUIGLEY STREET 0 <( 0 lg 0:: ~ 1' ~ (_) 0 0:: m ~4~ Location Map FILE No: P/CA 01/15 APPLICANT: JMPM Holdings Ltd. ~t; PROPERTY DESCRIPTION: 1635 Bayly Street (BFC Range 3 City Development N Pt Lot 19, 40R-1 0527, Pt Part 1) DATE: Oct. 14, 2014 Department B so~•c!•: ,"~fci~\';.'~~·':,"';:~od~ of ou.-vey. SCALE 1 :5,000 IPN-6 "'PAC -;r~d-lts suool;ers. ,,-~ o ;;f .. Su.-vey. lN 0 0 4.5 To permit an outdoor patio to be ocated outside of the building envelope with a minimum setback of 0.8 metre from Bayly Street lot line BAYLY STREET EXISTING 1 .5M CONC. SIDEWALK I PYLON SIGN 11 o FR BLDG 'B' ,..I a-7-.3-oo----.1 i,~ ~ ~ ;f F.F.E. 2 0 N m (Jl ~:d ' 2 0 8 o FR MH • 0 FR _.. _.. HC 0 8 I 5. J LS 6.5 CXl CB '"'---.5-. 3-r--~ 6. 5 1 1 1 o_ >-f-- 6 8 ST I~ ~ ~u TRANS SIZE A ~ / A I I I I I I I I I -',In I I I I I I I v~11 Rn I I - ""1 ~t City Development Department Submitted Plan FILE No: P/CA 01/15 APPLICANT: JMPM Holdings Ltd. PROPERTY DESCRIPTION: 1635 Bayly Street (BFC Range 3, N Pt Lot 19, 40R-10527, Pt Part 1) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Dec. 18,2014