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Home My WebLink AboutApril 22, 2015-----~~~~~------- Committee of Adjustment Agenda Cttq o~ Meeting Number: 6 Date: Wednesday, April 22, 2015 (I) Adoption of Agenda (II) Adoption of Minutes from April1, 2015 (Ill) Reports 1. PICA 91114 Norris Holdings Limited 1705 Wellington Street 2. PICA 34115 J. Wills 3-361 Chickadee Court 3. PICA 35115 W. Weick 10-361 Chickadee Court 4. PICA 36115 K. Moody 1678 Heathside Crescent (IV) Adjournment Committee of Adjustment Agenda Wednesday, April 22, 2015 7:00pm Main Committee Room Page Number 1-6 7-18 19-24 25-30 31-35 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-Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Sean Wiley (I) Adoption of Rules of Procedures Moved by Tom Copeland Seconded by Eric Newton That the Rules of Procedures be adopted. (II) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, April 1, 2015 7:00pm Main Committee Room Carried Unanimously That the agenda for the Wednesday, April 1, 2015 meeting be adopted. (Ill) Adoption of Minutes Moved by Tom Copeland Seconded by Denise Rundle Carried Unanimously That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, March 11, 2015 be adopted. Carried Page 1 of 6 02 (IV) 1. Reports (Deferred at the March 11, 2015 meeting) PICA 13/15 -Revised K. Hamoui 860 Strouds Lane Committee of Adjustment Meeting Minutes Wednesday, April1, 2015 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: • to permit a revised minimum front yard setback of 5.5 metres; whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a revised minimum rear yard setback of 7.0 metres; whereas the by-law requires a minimum rear yard setback of 7.5 metres, and • to permit a revised maximum lot coverage of 40 percent; whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances 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 the approved grading plan shows a rear yard setback of 7.0 metres and providing this setback is maintained staff do not require the submission of a new grading plan until a building permit application is submitted. Brian Abby, agent, was present to represent the application. Theo Lespouridis of 862 Strouds Lane was present in objection to the application. Brian Abby explained that he has worked closely with his clients and City staff to revise the application since the last Committee of Adjustment meeting on March 11, 2015. He stated that the minor variance application was revised to address residents concern with the proposed front yard setback to the proposed dwelling. Brian Abby provided a site plan for the Committee members to review illustrating the differences between the original and revised applications. He also stated he has spoken with the concerned neighbour about replacing trees on the site. Theo Lespouridis expressed concerns with the increase in lot coverage and reduced front yard setback variances. He was concerned about the proposed dwelling and vehicles in the front yard obstructing the sightlines from his driveway. He was also concerned about drainage on the subject property and the replacement of trees. Theo Lespouridis submitted a petition signed by five surrounding neighbours in objection to any lot coverage greater than 35 percent. Page 2 of 6 f.1 .. 3 Committee of Adjustment Meeting Minutes Wednesday, April 1, 2015 7:00pm Main Committee Room In response to questions from Committee Members, the Secretary-Treasurer noted the road widening has not been taken from all properties along Strouds Lane and the City does not anticipate a road widening in the near future. In response to a question from a Committee Member the Secretary-Treasurer stated that if the road widening was not required to be conveyed to the City the lot coverage would comply. Moved by Denise Rundle Seconded by Eric Newton That application PICA 13115 by K. Hamoui, be Approved on the grounds that the revised minimum front yard setback of 5.5 metres, revised minimum rear yard setback of 7.0 metres, and revised maximum lot coverage of 40 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 dwelling, as generally sited and outlined on the applicant's submitted plans dated March 23, 2015. 2. That the previous variance application (PICA 62114) approved by the Committee of Adjustment on May 21, 2014 affecting the subject property, permitting a front yard depth of 4.5 metres to a proposed two-storey dwelling and maximum lot coverage of 41 percent be repealed. 3. That the applicant obtain a building permit for the proposed construction by March 31,2017, or this decision shall become null and void. 2. (Deferred at the March 11, 2015 Meeting) PICA 14115-Revised N. Kalmoni 858 Strouds Lane Carried Unanimously The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: • to permit a revised minimum front yard setback of 5.0 metres; whereas the by-law requires a minimum front yard setback of 7.5 metres • to permit a revised minimum rear yard setback of 7.0 metres; whereas the by-law requires a minimum rear yard setback of 7.5 metres, and Page 3 of 6 04 Committee of Adjustment Meeting Minutes Wednesday, April 1, 2015 7:00pm Main Committee Room • to permit a revised maximum lot coverage of 40 percent; whereas the by-law permits a maximum lot coverage of 33 percent The applicant requests approval of these variances 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 the approved grading plan shows a rear yard setback of 7.0 metres and providing this setback is maintained staff do not require the submission of a new grading plan until a building permit application is submitted. Brian Abby, agent, was present to represent the application. Theo Lespouridis of 862 Strouds Lane was present in objection to the application. Moved by Tom Copeland Seconded by Eric Newton That application PICA 14115 by K. Kalmoni, be Approved on the grounds that the revised minimum front yard setback of 5.0 metres, revised minimum rear yard setback of 7.0 metres, and revised maximum lot coverage of 40 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 dwelling, as generally sited and outlined on the applicant's submitted plans dated March 23, 2015. 2. That the applicant obtains a building permit for the proposed construction by March 31, 2017, or this decision shall become null and void. Carried Unanimously 3. PICA 33115 Ontario Conference of Seventh-Day Adventist Church 1765 Meadowview Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-laws 4407173 and 113174 to permit a private school and an associated daycare centre, whereas the by-law does not permit a private school. The applicant requests approval of these variances in order to permit a private school use and an associated daycare centre on the subject property. Page 4 of 6 Committee of Adjustment Meeting Minutes Wednesday, April 1, 2015 7:00pm Main Committee Room 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. Ben Corbier, agent, and Norman Brown, owner, were present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Ben Corbier noted the school meets the curriculum requirements of the Ministry of Education and all safety requirements. The school will also work with the Ministry of Education to obtain any required approvals related to the daycare use. Moved by Eric Newton Seconded by Tom Copeland That application PICA 33/15 by Ontario Conference of Seventh Day Adventist Church, be Approved on the grounds that a private school and an associated daycare centre use 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 building, as generally sited and outlined on the applicant's submitted plans. 2. That the private school consists solely of elementary school children from Junior Kindergarten to Grade 8. 3. That the applicant obtain any necessary approvals from the Ministry of Education to permit the proposed daycare centre. Carried Unanimously Page 5 of 6 U5 CG (V) Date Chair Adjournment Moved by Eric Newton Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, April 1, 2015 7:00pm Main Committee Room That the 5th meeting of the 2015 Committee of Adjustment be adjourned at 7:32pm and the next meeting of the Committee of Adjustment be held on Wednesday, April22, 2015. Carried Unanimously Assistant Secretary-Treasurer Page 6 of 6 From: Subject: Application Melissa Markham, MCIP, RPP Report to 07 Committee of Adjustment Application Number: PICA 91114 Meeting Date: April 22, 2015 Principal Planner-Development Review Committ~e of Adjustment Application PICA 91114 Norris Holdings Limited 1705 Wellington Street The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 6640106: • to recognize an existing lot frontage of 15.0 metres; whereas, the by-law requires a minimum lot frontage of 22.0 metres • to recognize an existing lot area of 535 square metres; whereas, the by-law requires a minimum lot area of 1 ,390 square metres • to recognize an existing rear yard depth of 4.9 metres; whereas, the by-law requires a minimum rear yard depth of 9.0 metres • to permit a covered porch to project a maximum of 0.6 of a metre into the required side yard; whereas, the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 0.5 of a metre into any required side yard, and • to permit a maximum lot coverage of 33 percent; whereas, the by-law permits a maximum lot coverage of 20 percent The applicant requests approval of these variances in order to obtain a building permit to construct a second storey addition to an existing building with a covered side entrance porch. Recommendation The City Development Department considers an existing lot frontage of 15.0 metres, an existing lot area of 535 square metres, an existing rear yard depth of 4.9 metres, a covered porch to project a maximum of 0.6 of a metre into the required side yard, and a maximum lot coverage of 33 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 this approval only apply to the requested variances as outlined on the applicant's submitted plans. 08 Report PICA 91/14 April 22, 2015 Page 2 2. That the owner submits a signed Record of Site Condition (RSC) to the Ministry of Environment (MOE) (Ont. Reg. 511/09, as amended), which includes the MOE's Acknowledgement of Receipt of the RSC to the satisfaction of the Region of Durham by April21, 2016, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by April 21, 2016, or this decision shall become null and void. Background The existing building on the property was originally constructed in 1959 and used as the Claremont Fire Hall. In 1999, the City of Pickering deemed these lands surplus and sold the property. Norris Holdings Limited is the third owner of the property since the City sold these lands. In 2012, the owner submitted a Minor Variance Application (PCA 08/12) to permit the conversion of the existing building into a 3 storey detached dwelling with a second storey rear yard deck. The variance application was considered before the Committee of Adjustment on May 23, 2012. This application was not supported by City staff and the Committee of Adjustment refused the application. On September 18, 2014, after pre-consulting with City staff, the owner submitted a revised Minor Variance Application proposing a second storey addition to the existing building, with no rear yard deck. The applicant provided supporting information for the conversion of the existing building such as building elevations, floor plans, a landscape plan, and a letter with preliminary structural information from a qualified engineer (MINA Design Group Inc.) evaluating the capacity of the existing building structure to receive the loads due to the proposed additional storey. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as "Hamlet Residential" within the Claremont Settlement Area, which permits residential uses, home occupations and limited retail, office, and business uses. The subject lands are zoned -"ORM-R5" -Oak Ridge Moraine Residential Five Zone within Zoning By-law 3037, as amended by By-law 6640/06 which permits a detached dwelling and a home-based business. Appropriateness of the Application Lot Frontage, Lot Area, Lot Coverage and Rear Yard Depth Variances • the general intent of performance standards in a Zoning By-law is to ensure that individual properties maintain appropriate lot sizes, building height and massing and building setbacks that can appropriately site a dwelling and is complimentary with the character of the surrounding neighbourhood Report PICA 91/14 April22, 2015 Page 3 • the existing building was constructed in its current location in 1959 • the existing one-storey building (garage) is currently legal non-conforming • the applicant is requesting variances to recognize the existing lot area, lot frontage, lot coverage and rear yard setback in order to construct a second storey addition on top of the existing structure • the applicant is proposing to add a second storey to the existing building in order to create a living area for residential purposes and operate a home based business • the applicant is also requesting to increase the maximum lot coverage to 33 percent in order to recognize the current lot coverage of 32 percent for the existing building and an additional 1 percent for a proposed covered porch in the side yard • the applicant is proposing an addition, intended for residential purposes, which is more in keeping with the residential character of the neighbourhood • the requested variances are minor in nature, desirable for the appropriate development of the land and maintains the general intent of the Zoning By-law and the Official Plan Covered Platforms Projecting into Required Side Yard Variance • the intent of this provision is to allow for any stairs and/or a landing platform to encroach into the side yard when needed, to ensure adequate buffer space between buildings and the side lot line is provided, and to ensure an adequate soft landscaped area within the side yard is also provided • the by-law permits uncovered steps or platforms, not exceeding 1.0 metre in height above grade, to project a maximum of 0.5 of a metre into any required side yard • the applicant is requesting 0.6 of a metre encroachment into the required side yard in order to create a main entrance to the proposed dwelling from the side yard • the proposed covered porch will maintain an adequate buffer space between the proposed dwelling and the side lot line to provide an attractive residential feature and provide for weather protection when entering the dwelling • the reduced side yard width will not alter the character of the subject property but improve the residential character of the subject lands • the requested variance is minor in nature, desirable for the appropriate development of the lands and maintains the general intent of the Zoning By-law and the Official Plan !J9 10 Report PICA 91/14 April22, 2015 Page4 Comments from Agencies and Departments Region of Durham Planning • no objection to the application Department • the Region is satisfied with the submitted Region of Durham Public Health Department Engineering & Public Works Department Building Services· Phase I Environmental Site Assessment and has requested that the applicant file a Record of Site Condition (RSC), in accordance with the Ministry of Environment (Ont. Reg. 511/09, as amended) in support of the proposed Minor Variance Application • no objection to the application • the proposed change in use (residential and HVAC home based business) may result in an increase in daily sewage flow requiring the replacement of the holding tank for one with a greater volume. A permit application must be completed to replace the holding tank • do not foresee any issues in the upgrading of the existing holding tank to suit the change of use and second storey addition • unable to comment on the shared water well situation as this is the jurisdiction of the Ontario Ministry of the Environment • no objection to the proposed addition • no objection to the application for a minor variance • the owner will need to address a number of existing site conditions, including the capacity of existing building (foundations and above grade structure) to receive the proposed construction loads, at the time of building permit application • construction requirements, including fire separations, gas proofing between the garage and the remainder of the house, Part 12 Energy Efficiency Design, and spatial separation calculations, among other technical requirements, will also be addressed at the building permit review stage Report PICA 91/14 Residents Comments April22, 2015 11 Page 5 A. McKay and N. Sabourin (4959 Old Brock Road) Letter of concern received March 12, 2015 Residents Concerns • traffic impact from commercial business (Extreme Commercial Mechanical) • parking of company commercial vehicles • potential impact to shared water well • property size not large enough to support a home • applicant's holding tank capacity Response to Residents Concerns • the applicant has advised the City that only the administrative part of the business (Extreme Commercial Mechanical) is operating from 1705 Wellington with an office space which occupies 5% of the living space and 1 0% of the space within the garage; all other materials are being stated at an offsite leased storage unit • once the addition is constructed the business would comply with the City Home Based Business zoning provisions • the applicant has advised the City that only a personal vehicle (pick up truck) with the company logo will be parked on the driveway; this vehicle complies with City by-laws and is therefore permitted to park on the driveway of this property • a three party easement is registered on title for shared well water; each of the parties has the free, uninterrupted and unobstructed right and easement over, upon and under the lands for the supply of water, including the use of the existing drilled well or any replacement well; the three parties are the owners of 4959 Old Brock Road, 1705 Wellington Street and the Masonic Hall at 4955 Brock Road • the existing lot is a legal lot of record currently designated and zoned for residential development • Durham Region Health Department has advised that the proposed change of use (residential and HVAC home business) may result in an increase in daily sewage flow requiring the replacement of the holding tank, the Health Department does not foresee any issues in upgrading the existing holding tank to suit the change of use and second storey addition 12 Report PICA 91/14 D. Dearing (4864 Victoria Street) April 22, 2015 Page 6 • the setback distance between the well and holding tank would be verified at the building permit application stage Letter of concern received March 12, 2015 Residents Concerns • home was built in 1865 and is on the property line, bordering the east side of subject lands • impact of proposed development on privacy • the existing structure was previously used for personal storage, which did not generate a lot of traffic • traffic generated from business operation and the current use of the land Response to Residents Concerns • the applicant has advised the City that given the proximity of the existing dwelling on the property line, a fence cannot be erected; as such, a detailed landscape plan has been prepared to create privacy between the two properties • the property is designated and zoned for residential uses, personal storage uses do not comply with the City's Official Plan or Zoning By-law • the applicant has advised that the site is currently being used as a home based business (Extreme Commercial Mechanical), however the applicant does not currently reside at this location as the existing building has no habitable space • the applicant has advised the City that only the administrative part of the business (Extreme Commercial Mechanical) is operating from 1705 Wellington and only a personal vehicle (pick up truck) with company logo is to be parked on the driveway, which cemplies with City by-laws 5. Mulveney (4951 Old Brock Road) Letter of concern received March 16, 2015 Residents Concerns • due to the addition, loss of privacy in the rear yard Response to Residents Concerns • the applicant has advised the City that a chain link fence will be erected in the rear and shrubs will be planted to provide for privacy; with respect to height, the proposed addition is in keep with the existing built form of the area (two-storey residential dwelling) Report PICA 91/14 Date of report: April 16, 2015 Comments prepared by: c/1$~ Lalita Paray, MCIP, RPP Planner I LP:MM:Id April22, 2015 Page 7 Melissa Markham, MCIP, RPP Principal Planner-Development Review J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2014\PCA 91-14 Norris Holdings Limited\Report\PCA 91-14.doc Enclosures 13 14 CENTRAL CLAREMONT PUBLIC SCHOOL '-----~ ---- STREET em,a~ ~ rt!t~ City Development Department Location Map FILE No: P/CA 91/14 APPLICANT: Norris Holdings Ltd. 40R-18850, Part 6} ~rees;: ~-Teranftt Enterprlsee Inc. and it:• auppllent. All rights Reae~ed. Not o ~~-~n of eurvey. f>_ 201.:5 t.APAC and ita suppliers. All ric hts Reserved. Not a plan of Survey. I I-- DATE: Mar. 9, 2015 SCALE 1 :5,000 IPN-RU To recognize an existing lot frontage of 15.0 metres To recognize an existing lot area of 535 square metres WELLINGTON STREET i I I j I 2.5 E 15.2m EXI&TINCS 1 &T~Y eRICK .t &TUCCO 6UIIL.DINCS I Q I 2.'1 ~I L() C"') • 15 To permit a maximum lot coverage of 33 percent ~----------------~~~------------------~ To recognize an existing rear yard depth of 4.9 metres To permit a covered porch to project a maximum of 0.6 of a metre into the required side yard City Development Department I j_ Submitted Plan FILE No: P/CA 91/14 15.2m APPLICANT: Norris Holdings Ltd. PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17, 40R-18850, Part 6) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Mar. 12, 2015 16 ~ n FINI!!t-lfD ~pp~ DDDDDD DDDDDD DDDDDD DDDDDD NORTH ELEVATION TOPOF~T_E _ SOUTH ELEVATION Submitted Plan FILE No: P/CA 91/14 APPLICANT: Norris Holdings Ltd. City Development Department PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17, 40R-18850, Part 6) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Mar. 12, 2015 17 EAST ELEVATION WEST ELEVATION Submitted Plan FILE No: PICA 91/14 APPLICANT: Norris Holdings Ltd. City Development Department PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17, 40R-18850, Part 6) DATE: Mar. 12, 2015 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT • 18 • • • PROPOSED GROUND FLOOR PLAN r----"----------------------------------- ~ ;~~ ~~~ ~ PROPOSED SECOND FLOOR PLAN City Development Department Submitted Plan FILE No: P/CA 91/14 APPLICANT: Norris Holdings Ltd. PROPERTY DESCRIPTION: 1705 Wellington Street (Plan 43, Pt Lt. 16 & 17, 40R-18850, Part 6) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Mar. 12,2015 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 34115 Meeting Date: April 22, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 34115 J. Wills 361 Chickadee Court-Unit 3 The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4645195: • to permit minimum side yard widths of 0.6 of a metre; whereas the by-law requires that a minimum 1.2 metre interior side yard width shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting interior side yard is not provided on the other lot • to permit a second-storey uncovered balcony to project a maximum of 1.8 metres into the required rear yard; whereas the by-law permits uncovered decks or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required rear yard The applicant requests approval of these variances in order to permit a second-storey uncovered balcony in the rear yard. Recommendation The City Development Department considers the minimum side yard widths of 0.6 of a metre and a maximum projection of 1.8 metres into the required rear yard for a second-storey uncovered balcony 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 second-storey uncovered balcony, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by April 21, 2017, or this decision shall become null and void. 19 20 Report PICA 34/15 Comment Official Plan and Zoning By-law April 22, 2015 Page 2 Pickering Official Plan -"Urban Residential -Medium Density Areas" within the Highbush Neighbourhood Zoning By-law 3036, as amended by By-law 4645/95-"RMM"-Multi-Unit Residential Zone Appropriateness of the Application Side Yard Width and Uncovered Steps and Porches Projecting into the required Rear Yard Variances • the intent of requiring interior side yard setbacks and maximum projections into the required rear yard for any additions or decks in the rear of townhouses is to ensure that any additions/structures can be appropriately maintained without having to encroach onto abutting properties, to minimize any adverse impact on adjacent neighbours such as privacy and to ensure that an adequate outdoor amenity area is provided within the rear yard • the by-law requires any structure that projects from a townhouse unit (which has a side yard setback of 0.0 metres) maintains a minimum side yard setback of 1.2 metres • the applicant is requesting to reduce the minimum required side yard width from 1.2 metres to 0.6 of a metre and to permit a maximum rear yard projection of 1.8 metres to accommodate the proposed second-storey uncovered balcony • the proposed second-storey uncovered balcony has a width of 4.2 metres and a length of 1.8 metres • the proposed 0.6 of a metre side yard setback to the uncovered balcony in the rear yard could be maintained without encroaching onto abutting properties • adverse impacts on adjacent neighbours will be minimized with the 0.6 of a metre side yard setback • there will be minimal adverse impacts on adjacent neighbours due to the projection of the second-storey balcony into the rear yard as the subject property abuts the Altona Forest to the rear • an adequate buffer space between the proposed uncovered balcony and the rear lot line as well as from abutting property owners will be maintained • the proposed development will provide for additional outdoor amenity area and maintains an adequate soft landscaped area for the townhouse unit • the requested variances are minor in nature, desirable for the appropriate development of the land and maintains the intent of the Pickering Official Plan and zoning by-law Report PICA 34/15 Date of report: April 16, 2015 Comments prepared by: /Jr'{ trl/adkt\_ ~·· Ashley Yearwood, MCIP, RPP Planner II AY:MM:Id J:\Documents\Development\D-3700\2015\PCA 34-15\Report\PCA 34-15.doc Enclosures Melissa Markham, MCIP, RPP April 22, 2015 Page 3 Principal Planner-Development Review 21 22 ~ ~ City Development Department Location Map FILE No: P/CA 34/15 APPLICANT: J. Wills SUBJECT PROPERTY PROPERTY DESCRIPTION:Pian 40M-1827, Blk 18, 40R-27385 Parts 3, 17 (361 Chickadee Court Unit 3 Data Sources: Teronet Enterprises Inc. end its suppliers. All rights Res4!:rved. Not o plan of survey. 2013 ~PAC and its suppliers. All rights Reserved. Not o plan of Survey. DATE: Mar. 20, 2015 SCALE 1:5,000 PN-10 , .... l COMMON ELEMENT AREA 0~ D'lll PNil 1 PAAT 2 To permit minimum sid yard widths of 0.6 of a metre 5 ! ! --~1----~--l ---+ L~ ~..J L!'~ ~ ~ 1)'110 PAAl J ~ P.ART 4 ! ~ ~;! t I I 01'0 : PAR16 : I I I I ------i Submitted Plan To permit a second storey uncovered balcony to project a maximum of 1.8 metres into the required rear yard FILE No: P/CA 34/15 APPLICANT: J. Wills 2U1 1,,42 I I PARl11 I X I I 23.17 I ' .. l PAIIT g :1 -.1 :9.4'7 U:i1 ~ PART II ..... ..J 0 ~ I j PROPERTY DESCRIPTION: Plan 40M-1827, Blk 18, 40R-27385 Parts 3, 17 City Development Department (361 Chickadee Court Unit 3) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Apr. 1, 2015 24 r City Development Department rr--J-l l .I t 1 ·r T r 1 1 1 T T T l I 1 1 l T LI T 1 l 1 [ I T ·r l J J l T -1 .'-I T "] f Jl '\.l I l -= -I lUll I I ' 1111 LHII 1/IIH r=== / \ "'/ \ '\. ' I ... ~~~ IF.GL ~ - 1111111 1111111 II ' I IIlLI -............ ISJJri'INIP 'loooo 4.2m """ 1/ . """'c"-· . l::tP: ~ 1-ll-F --If IT ~~-ltf3 t::l r ISUO!tl)t; !DOOR ·., / b' ~ /" ~ "- ~ rt: ~'-- 001« .U.l I' r ~~ I, ' i ; ·' . ,. ~ . -~-.. .. , I ; ·,, . ':~ " • :.•'j ·-.<:• .. .,,. ~~. ,I,, 1:- SOUTH (REAR) ELEVATION Submitted Plan FILE No: P/CA 34/15 APPLICANT: J. Wills PROPERTY DESCRIPTION: Plan 40M-1827, Blk 18, 40R-27385 Parts 3, 17 (361 Chickadee Court Unit 3) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Apr. 1, 2015 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 35115 Meeting Date: April 22, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 35115 W. Weick 361 Chickadee Court-Unit 10 The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4645195: • to permit minimum side yard widths of 0.6 of a metre; whereas the by-law requires that a minimum 1.2 metre interior side yard width shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting interior side yard is not provided on the other lot • to permit a second-storey uncovered balcony to project a maximum of 1.8 metres into the required rear yard; whereas the by-law permits uncovered decks or platforms not exceeding 1.0 metre in height to project a maximum of 1.5 metres into the required rear yard The applicant requests approval of these variances in order to permit a second-storey uncovered balcony in the rear yard. Recommendation The City Development Department considers the minimum side yard widths of 0.6 of a metre and a maximum projection of 1.8 metres into the required rear yard for a second-storey uncovered balcony 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 second-storey uncovered balcony, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by April 21, 2017, or this decision shall become null and void. Report PICA 35/15 April 22, 2015 Comment Official Plan and Zoning By-law Pickering Official Plan-"Urban Residential -Medium Density Areas" within the Highbush Neighbourhood Page 2 Zoning By-law 3036, as amended by By-law 4645/95-"RMM"-Multi-Unit Residential Zone Appropriateness of the Application Side Yard Width and Uncovered Steps and Porches Projecting into the required Rear Yard Variances • the intent of requiring interior side yard setbacks and maximum projections into the required rear yard for any additions or decks in the rear of townhouses is to ensure that any additions/structures can be appropriately maintained without having to encroach onto abutting properties, to minimize any adverse impact on adjacent neighbours such as privacy and to ensure that an adequate outdoor amenity area is provided within the rear yard • the by-law requires any structure that projects from a townhouse unit (which has a side yard setback of 0.0 metres) maintains a minimum side yard setback of 1.2 metres • the applicant is requesting to reduce the minimum required side yard width from 1.2 metres to 0.6 of a metre and to permit a maximum rear yard projection of 1.8 metres to accommodate the proposed second-storey uncovered balcony • the proposed second-storey uncovered balcony has a width of 4.2 metres and a length of 1.8 metres • the proposed 0.6 of a metre side yard setback to the uncovered balcony in the rear yard could be maintained without encroaching onto abutting properties • adverse impacts on adjacent neighbours will be minimized with the 0.6 of a metre side yard setback • there will be minimal adverse impacts on adjacent neighbours due to the projection of the second-storey balcony into the rear yard as the subject property abuts the Altona Forest to the rear • an adequate buffer space between the proposed uncovered balcony and the rear lot line as well as from abutting property owners will be maintained • the proposed development will provide for additional outdoor amenity area and maintains an adequate soft landscaped area for the townhouse unit • the requested variances are minor in nature, desirable for the appropriate development of the land and maintains the intent of the Pickering Official Plan and zoning by-law 27 Report PICA 35/15 April 22, 2015 Page 3 Date of report: April16, 2015 Comments prepared by: ~~ rwl. rrlitdki11\_ .> Ashley Yearwood, MCIP, RPP , Planner II Melissa Markham, MCIP, RPP Principal Planner-Development Review AY:MM:Id J:\Documents\Development\0-3700\2015\PCA 35-15\Report\PCA 35-15.doc Enclosures 28 - ·al I I ~ City Development Department Location Map FILE No: P/CA 35/15 APPLICANT: W. Weick SUBJECT PROPERTY PROPERTY DESCRIPTION:Pian 40M-1827 Blk 18, 40R-27385 Parts 10,24 (361 Chickadee Court Unit 1 0) Data Sources: Teranet Enterpr'"ises Inc. and its supplii!ii'"S. All F'"i9hts Reserved. Not a plan of survey. 2013 MPAC and Its suppliers. All rights Reserved. Not a plan of Survey. DATE: Mar. 31, 2015 SCALE 1:5,000 PN-10 IUl To permit a second storey uncovered balcony to project a maximum of 1.8 metres into the required rear yard ~ PJJiT II 29 t: .. I COMMON ELEMENT AREA 017.1 0'11111 PNIT 1 PJ.JU 2 City Development Department ~ ! ~ --~1----~--l ---+:1"'-L~ ~...1 L!"-J ~ 1 ... ED.,., PART J ~PART .f ! ~ ,.~ t ' I OI"D I PAAT 6 ~ I I I I ------i 5.4m Submitted Plan FILE No: P/CA 35/15 APPLICANT: W. Weick U.i1 i I PAAT II ! I . I ------------..L-"1JII To permit minimum sid yard widths of 0.6 of a metre ' ' ' ' ... ' '\. ' ' PAAT 7 }-tUI " , ,,. , , , o..IIMIUt.ll tJ. PROPERTY DESCRIPTION: Plan 40M-1827 Blk 18, 40R-27385 Parts 10, 24 (361 Chickadee Court Unit 1 0) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Apr. 1, 2015 30 City Development Department rr-1 I I. I I I T T T I 1T T T 1: I l l i I T LT T 1 •t 1 l I T r l .I I l T ] ."i\J. l-1 f j '\l l -~ -:IUUI I ,I I IIIII~ l-= "'/ \ '\. '', ' ... ---------- U II II IU I!JJ Hl II I II ll'lllrtii\A!l 'IDOOO 4.2m p:: p:: I Submitted Plan FILE No: P/CA 35/15 APPLICANT: W. Weick I' PROPERTY DESCRIPTION: Plan 40M-1827 Blk 18, 40R-27385 Parts 10, 24 (361 Chickadee Court Unit 1 0) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Apr. 1, 2015 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 36115 Meeting Date: April 22, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 36115 K. Moody 1682 Heathside Crescent The applicant requests relief from the following provisions of Zoning By-law 3036, as amended: • to permit an covered unenclosed deck to project a maximum of 2.6 metres into the required rear yard; whereas the by-law permits uncovered steps or platforms, not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard • to permit a minimum vehicular entrance of 4.5 metres from the front lot line; whereas the by-law requires a minimum vehicular entrance of 6.0 metres from the front lot line • to permit a maximum lot coverage of 48 percent; whereas the by-law permits a maximum lot coverage of 38 percent The applicant requests approval of these variances in order to obtain a building permit to construct a single storey detached dwelling with a covered unenclosed deck in the rear yard. Recommendation The City Development Department considers a covered unenclosed deck projecting a maximum of 2.6 metres into the required rear yard, a minimum vehicular entrance of 4.5 metres from the front lot line, and a maximum lot coverage of 48 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 dwelling, with a maximum lot coverage of 43 percent, and covered unenclosed deck, with a maximum lot coverage of 5 percent, for a total maximum lot coverage of 48 percent, as generally sited and outlined on the applicant's submitted plans dated March 27, 2015. 2. That the applicant obtain a building permit for the proposed construction by April 21, 2017, or this decision shall become null and void. 31 3~ Report PICA 36/15 April 22, 2015 Page 2 . Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as 'Urban Residential -Low Density' within the Liverpool Neighbourhood. The subject property is currently zoned "S2" -Single Residential Zone within Zoning By-law 3036, as amended. Appropriateness of the Application Covered Unenclosed Deck Projecting into the Required Rear Yard and Lot Coverage Variances • the intent of these provisions is to maintain an appropriate size, scale and massing of dwellings and to ensure that an adequate amount of outdoor amenity area remains uncovered by buildings and structures on a lot • the by-law also requires appropriate building setbacks to minimize any adverse impact on adjacent neighbours such as privacy, and to allow for appropriate access for maintenance, lot grading and drainage • the by-law permits uncovered steps and platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard and permits a maximum lot coverage of 38 percent • the proposed dwelling, including the front covered unenclosed porch, is approximately 305 square metres in size and the proposed covered unenclosed deck is approximated 33 square metres in size • the proposed dwelling has a lot coverage of 43 percent and the proposed covered unenclosed deck in the rear yard has a lot coverage of 5 percent • the applicant is requesting to increase the maximum lot coverage from 38 percent to 48 percent for a proposed single storey dwelling • an appropriate outdoor amenity area uncovered by buildings and structures will be maintained in the rear yard of the property, as the proposed dwelling is setback 10.0 metres from the rear lot line • an appropriate setback between the covered unenclosed deck and the property lines will be maintained to provide for privacy from adjacent properties to allow access for maintenance, and ensure proper lot grading and drainage on the subject property • the increase in lot coverage and projection of the covered unenclosed deck in the rear yard will not have any adverse impacts of the abutting property owners or the existing lotting pattern style and character of the neighbourhood • the requested variances are minor in nature, desirable for the appropriate development of the lands and maintains the intent of the zoning by-law and Official Plan Report PICA 36/15 April 22, 2015 Page 3 Minimum Vehicular Entrance Distance from Front Lot Line Variance • the intent of requiring a minimum vehicular entrance of 6.0 metres is to ensure an adequate distance between the garage door and the front lot line is provided for a usable parking area on a driveway • the by-law requires a minimum of one private garage per lot attached to a main building, any vehicular entrance to which shall be located not less than 6.0 metres from the front lot line • the requested variance is seeking a reduction in the minimum vehicular entrance distance to 4.5 metres, which is the distance between the front wall of the garage and the front lot line • due to the proposed layout of the dwelling the vehicular entrance is interpreted to be 4.5 metres, however the vehicular entrance to the property faces the south side lot line and not the front lot line • the proposed vehicular entrance continues past the 4.5 metre setback to the front wall of the garage, therefore providing the minimum setback for a usable parking space on a driveway • the subject property provides the minimum number of required parking spaces within the proposed garage • the proposed vehicular entrance provides sufficient additional parking for the subject property and is in character with the surrounding neighbourhood • the requested variance is minor in nature, desiraple for the appropriate development of the lands and maintains the intent of the zoning by-law and Official Plan Input From Other Sources Engineering & Public Works • no objection to the proposed variances Department Date of report: April 16, 2015 Comments prepared by: Amy Emm, MCIP, RPP Planner II AE:MM:Id J:\Documents\Oevelopment\0~3700\2015\PCA 36·15\Report\PCA 36·15.doc Enclosures Melissa Markham, MCIP, RPP Principal Planner-Development Review 31 34 0 ~ 1-----L,----l 11-----.----l 61-------->,-/---------JGS t----'-----'--.-._ ~ ~ 'r----r--~--!·--_-_-_-_-_-_-_-_-_ -l-l~ 1-----------~,-,-;-_,___, Location Map I I FILE No: P/CA 36/iS APPLICANT: K. Moody WILLIAM DUNBAR PUBLIC SCHOOL ~ ~ PROPERTY DESCRIPTION: Plan 1051, RCP Pt Lt 4, 40R-137 46, Part 1 City Development Department {1682 Heathside Crescent) Data Sources: Teronet Enterprises Inc. and Its suppliers. All rights Reserved. Not a plan of survey. 201.3 MPAC and its suppliers. All ri hta Reserved. Not a lon of Surve • DATE: Mar. 31, 2015 SCALE 1 :5,000 PN-10 To permit a maximum lot coverage of 48 percent To permit a minimum vehicular entrance of 4.5 metres from the front lot line I 1!)(15TING CEDAR I-IEC@il E I . 1'-':- ~ E N r ....... 36.5m ....... ·~r---~--4r----~~~~~~~--~~~~ l-.f----"'f!. £.""'9"'-'m'-'-----4---+Jo.:--------------~--------~~?~-r----------~~.6 ~ "7- I I / I I 1 / I I 1 1'/ I I I " I E j j ~~,:~--------------------1 ~ m 0 l : , ',, : ~ : l An : 4.5m E l EXISTING )-----____ _ > • 4.Qm 1<-f ________ _l' DWELLING ? Jl I ', //~ r J : COVERE[ ',, : /..::..__ I •,' I "" I ,-----; --DE-GK--------'-1 ' ,." rJ : / : (;:-:-----~ \ ~ ~- ~. 17+ t I~ r.---Ia· ~ I..-"'-· ~- I u5.0m / : ', :_"\_ ';~-------tJ.+-~--~--j-7~~~~-~-':_~---_-_--_-_-_-_-_-_l _____________ -_~_',_,_l~J~'-~--~-----_-_-_-_-_-_-_-_-_-~~-+~----~ ~ ti A. !-';-- I To permit a covered deck to project a maximum of 2.6 metres into the required rear yard 36.5m Submitted Plan FILE No: P/CA 36/15 APPLICANT: K. Moody 8 . ~ I ~ 15 PROPERTY DESCRIPTION: Plan 1051, RCP Pt Lt 4, 40R-13746, Part 1 City Development Department (1682 Heathside Crescent) :r: m ]>. -t :r: (J) tJ m () /U m (J) ' FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT DATE: Apr. 2, 2015