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HomeMy WebLinkAboutNovember 18, 2015------------------------- Committee of Adjustment Agenda Cttq o~ Meeting Number: 16 Date: Wednesday, November 18, 2015 (I) (II) (II I) (IV) Adoption of Agenda Committee of Adjustment Agenda Wednesday, November 18, 2015 7:00pm Main Committee Room Page Number Adoption of Minutes from October 28, 2015 1-6 Reports 1. Deferred at the October 28, 2015 meeting 7-11 PICA 106115 J. Lynch 1971 Bowler Drive 2. PICA 108115 12-17 G. Scholyar 2250 Highway 7 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 Eric Newton Denise Rundle Sean Wiley Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Tom Copeland-Vice-Chair (I) Adoption of Agenda Moved by Eric Newton Seconded by Sean Wiley Committee of Adjustment Meeting Minutes Wednesday, October 28, 2015 7:00pm Main Committee Room . That the agenda for the Wednesday, October 28, 2015 meeting be adopted. (II) Adoption of Minutes· Moved by Eric Newton Seconded by Denise Rundle Carried Unanimously That the minutes of the 14th meeting of the Committee of Adjustment held Wednesday, October 7, 2015 be adopted. Carried Unanimously Page 1 of 6 1 2 Committee of Adjustment (Ill) Reports 1. PICA 106/15 J. Lynch 1971 Bowler Drive Meeting Minutes Wednesday, October 28, 2015 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 4402/73 and By-law 843/78, to recognize an existing accessory structure (shed) greater than 1.8 metres in height to be setback a minimum 'Of 0.1 of a metre from the. rear lot line and 0.2 of a metre from the south side lot line; whereas the by-law requires all accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines. · The applicant requests approval of this variance in order to recognize the location of an existing accessory building (shed) in the rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending refusal. Written comments were received from the City's Engineering & Public Works Department stating that staff does not support the requested variance. Engineering standards state that a minimum of 0.6 of a metre from the property line is to remain undisturbed when any changes in grading take place, this is to allow proper drainage of rainwater and to provide for a drainage swale to direct water either to the front or the rear of the property. Written comments were also received from M. Stephens, previous owner of 1971 Bowler Drive, Gary Arnold and Heather Jefferys of 1973 Bowler Drive and David Bryans of 1969 Bowler Drive stating no objections to the requested variance. Jeanette Lynch, owner, was present to represent the application. Gary Arnold of 1973 Bowler Drive and Tricia Chin of 1978 Bowler Drive were present in favour of the application. Brian Snook of 1245 Lutterworth Court and Margaret Schaefer of 1244 Lutterworth Court were present in objection to the application. Jeanette Lynch indicated that the original shed on the property needed to be replaced due to safety concerns, and the new shed was installed on the same footprint. She stated that the new shed was constructed further away from the fence, without it interfering with the electrical and pool equipment. Page 2 of 6 Committee of Adjustment Meeting Minutes Wednesday, October 28, 2015 7:00pm Main Committee Room Gary Arnold spoke in favour of the variance. He stated that there are other sheds in the surrounding neighbourhood in violation to the same by-law. Gary Arnold spoke to comments previously submitted in support to the application. Tricia Chin spoke in favour of the variance. She indicated the shed needed to be replaced because the roof in the old shed was caving in. Brian Snook spoke in opposition to the variance. He expressed a concern with drainage in the rear yard of his property due to the landscape being altered on the subject property. Margaret Schaefer spoke in opposition to the variance. She expressed concern with the grade being raised around the fence and the roofline of the new shed. She stated that the applicant has hardscaped the entire backyard which adds to the ongoing drainage issues in her backyard. She stated that the replacement shed is oversized and all the water runs onto her property. Margaret Schaefer provided pictures for the Committee Members to review. A Committee Member asked the applicant if the shed could be moved and whether an eaves trough could be installed on the shed. In response to questions from Committee Members, Jeanette Lynch agreed to install eaves troughs on the shed. She indicated that the shed has been constructed as far away from the fence as possible without having to relocate the mechanical and piping for the pool currently located inside the shed. She stated that the replacement of the shed took place in June 2015. Jeannette Lynch advised the Committee Members that the previous owner approached the neighbours to try and resolve the drainage issues and was declined. Jeanette Lynch submitted comments from the City's Engin~ering & Public Works Department dated October 28, 2015 for the Committee Members to review. Moved by Eric Newton Seconded by Sean Wiley That application PICA 106/15 by J. Lynch, be Deferred to the next Committee of Adjustment meeting to allow the Committee Members to visit the subject property and 1244 Lutterworth Court. Carried Unanimously Page 3 of6 3 4 Committee of Adjustment 2. PICA 107/15 1864832 Ontario Limited 1300 Bayly Street Meeting Minutes VVednesday,October28,2015 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 2520, amended, in order to obtain Site Plan Approval to construct a gas bar with an accessory retail store, and an automatic car wash. The table below outlines the By-law requirements and the requested variances: By-law Requirement Relief Applied For an automobile service station must to permit an automobile service contain, within an enclosed building, a station that does not contain minimum of two enclosed service bays enclosed service bays or a and one hydraulic hoist and does not hydraulic hoist and permits a gas permit a gas bar or an accessory retail bar and an accessory retail store store minimum width of a lot for any automobile to permit a minimum width of a lot for an automobile service station to service station shall be 38 metres be 37 metres minimum front yard depth of 18.0 metres to permit a minimum front yard depth of 3.0 metres The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Sarj Me hat, owner, and Kevin Bechard, agent, were present to represent the application. No further representation w9s present in favour of or in objection to the application. Kevin Bechard provided a history of the subject property and agrees with staff's recommendations. Kevin Bechard stated there were similar Committee of Adjustment applications approved on Liverpool Road and Krosno Boulevard. In response to a question from a Committee Member, Sarj Mehat indicated no tenant has been confirmed for the drive-through restaurant due to the length of time it has taken for the site plan application. Page 4 of6 Moved by Sean Wiley Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, October 28, 2015 . 7:00pm Main Committee Room That application PICA 107/15 by 1864832 Ontario Limited, be Approved on the grounds to permit an automobile service station that does not contain enclosed service bays or a hydraulic hoist and ·permit a gas bar with an accessory retail store; a minimum width of a lot for an automobile service station to be 37 metres; and, a minimum front yard depth of 3.0 metres, are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That the variances apply only to the proposed, gas bar with an accessory retail store, and automatic car wash, as generally sited and outlined on the applicant's submitted plans. 2. · That the applicant obtain Site Plan Approval for the proposed gas bar with an accessory retail store, and automatic car wash by April 30, 2016, or this decision shall become null and void. Carried Unanimously Page 5 of6 5 6 Committee of Adjustment Meeting Minutes Wednesday, October 28, 2015 7:00pm Main Committee Room (IV) Adjournment Date Chair Moved by Eric Newton Seconded by Denise Rundle That the 15th meeting of the 2015 Committee of Adjustment be adjourned at 7:41 pm, and the next meeting of the Committee of Adjustment be held on Wednesday, November 18, 2015. Carried Unanimously Assistant Secretary-Treasurer Page 6 of 6 From: Subject:. Application Melissa Markham, MCIP, RPP _ Report to Committee of Adjustment Applicc;ttion Number: PICA 106115 Meeting Date: November 18, 2015 (Deferred from the October 28, 2015) Principal Planner-Development Review Committee of Adjustment Application PICA 106115 -Revised J. Lynch 1971 Bowler Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 4402173 and By-law 843178, to recognize an existing accessory structure (shed) greater than 1.8 metres in height to be setback a minimum of 0.1 of a metre from the rear lot line and 0.2 of a metre from the south side lot line; whereas the by-law requires all accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines. The applicant requests approval of this variance in order to recognize the location of an existing accessory building (shed) in the rear yard. Recommendation The City Development Department considers an existing accessory structure (shed) to be setback a minimum of 0.1 of a metre from the rear lot line and 0.2 of a metre from the south side lot line to be a major variance that is not considered to be desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law, and therefore recommends Refusal of the proposed variance. Official Plan and Zoning By-law The Pickering Official Plan designates the subject property as Urban Residential -Low Density Areas. The subject property is currently zoned "SA"-Single Attached Dwelling within Zoning By-law 3036, as amended by By-law 4402173 and By-law 843178. 7 8 Report PICA 1 06/15 Appropriateness of the Application November 18, 2015 Page2 Reduction of the Minimum Setback Requirement for an Accessory Structure • the intent of the minimum 1.0 metre setback requirement for accessory structures greater than 1.8 metr~s in height is to ensure that adequate space is available for maintenance, that the eaves/overhangs do not encroach on adjacent properties, that roof drainage stays on the subject property, and that the visual impact on adjacent properties is minimized • the owner is requesting approval to allow for an existing shed in the rear yard to be located 0.1 of a metre from the rear lot line and 0.2 of a metre from the south side lot line • the.existing pool and accessory structure (shed) were constructed in 1994 by the previous home owner • the owner has stated that the original shed was dilapidated and was replaced with a new shed in the same location with similar dimensions (a height of 1.8 metres and a total area of 5.2 square metres) • the current location of the shed appears to have a negative impact on the adjacent neighbours and the existing drainage patterns for the subject lands • the existing setbacks do not ensure that roof drainage stays on the subject property and any proposed eaves/overhangs would encroach onto adjacent properties • staff is of the opinion that a minimum 0.6 metre setback from all property lines would ensure adequate space is available for maintenance and that eaves/overhangs would not encroach on adjacent properties, however the owner has stated that due to the existing landscaping around the pool the shed cannot be relocated • there is an existing wood privacy fence that has been erected along the perimeter of the rear yard, which minimizes the visual impact on adjacent property owners • staff is of the opinion that the requested variance is not minor in nature, does not meet the intent of the Zoning By-law, and is not desirable for the appropriate development of the land I \ Report PICA 106/15 Input From Other Sources November 18, 2015 Page 3 Engineering & Public Works Department • staff does not support the requested variance M: Stephens (previous owner of 1971 Bowler Drive) G. Arnold and H. Jefferys (1973 Bowler Drive) D. Bryans (1969 Bowler Drive) Date of report: November 12, 2015 Comments prepared by: 1) / / '1 r( '7 Lalit~ Paray, MCIP, RPP Planner I LP:MM:df • engineering standards state that a minimum 0.6 of a metre from the property line is to remain undisturbed when any changes in grading take place • the minimum distance of 0.6 of a metre is to allow for the pro'per drainage of rainwater and to provide for a drainage swale to direct water either to the front or rear of the property • no objection to the proposal • lived at 1971. Bowler Drive from approximately 1992 until2010 • confirmed that he constructed the original shed in 1994 in the south east corner of the property • no objection to the requested variance • existing shed is located 0.1 of a metre from their property line • existing sheds in the area with similar setbacks • no objection to the requested variance • existing sheds in the area with similar setbacks Melissa Markham, MCIP, RPP Principal Planner-Development Review J:\Documents\Development\D-3700 Committee of Adjustment (PCAAppllcations)\2015\PCA 106-15 J. Lynch\Report\PCA 106_15.doc Enclosures 9 10 VAUGHAN ·wiLLARD PUBLIC SCHOOL Location Map JOGUES SEPARATE SCHOOL FILE No: P/CA106/15 APPLICANT: J. Lynch w f---------1<;! 0 L-_j----tz w r-1---------10 I '=CT fiTI.t~ GLENDALE PARK City Development Department PROPERTY DESCRIPTION: Plan M1038 Pt Lot 443, 40R3922 part 3,10,14 (1971 Bowler Drive) DATE: Sept. 25, 2015 Dato Sources: Teronet Enterprises Inc. and Its suppliers. All rights Reserved. Not o plan of survey. 2013 MPAC and its supplii!rs. All nghts Reserved. Not o pion of Survey. SCALE 1:5,000 PN-12 w > '-0: Q 0: w .....1 s 0 m City Development Department Submitted Plan FILE No: P/CA 106/15 APPLICANT: J. Lynch to recognize an existing accessory structure (shed) greater than 1.8 metres in height to be. setback a minimum of 0.1 of a metre from the rear lot line and 0.2 ()fa metre from the south side lot line EXISTING· SHED E N 0 ·1' "' PROPERTY DESCRIPTION: Plan M1038 Pt Lot 443, 40R3922 part 3,10,14 (1971 Bowler Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWlNG AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE:" Oct. 9, 2015 11 12 From: Subject: Application Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 108115 Meeting Date: November 18, 2015 Principal Planner-Development Review Committee of Adjustment Application PICA 108115 G. Scholyar. 2250 Highway 7, Greenwood . The applicant requests relief from Zoning By-law 3037,as amended, in order to obtain Site Plan Approval to construct a canopy over existing fuel pumps associated with a legal non-conforming use (service station, automobile repair shop and convenience store) on the subject property. The requested variance is to permit a minimum front yard depth of 3.0 metres; whereas the by-law requires a minimum front yard depth of 12.0 metres. Recommendation The City Development Department considers the requested variance to permit a minimum front yard depth of 3.0 metres, to be minor in nature and desirable for the appropriate development of the land, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That the variance apply only to a proposed canopy over existing fuel pumps associated with the legal non-conforming use (service station, automobile repair shop and convenience store) on the subject property, a$ generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain Site Plan Approval for the proposed canopy by November 18, 2016, or this decision shall become null and void. Comment Official Plan and Zoning By-law The subject property is designated "Open Space System -Natural Areas" in the Official Plan. The subject property is currently zoned "A"-Rural Agricultural under Zoning By-law 3037, as amended. Report PICA 108/15 November 18, 2015 Page2 The subject property is also located within Minister's Zoning Order 1 (MZ0#1 ). The subject property has a site-specific Ontario Regulation Amendment (0. Reg. 311/83), which permits only agricultural uses, the continuance of an existing detached dwelling, and an automobile service station and building and structures accessory to those uses. Appropriateness of the Application Front Yard Setback Variance of a Legal Non-Conforming Use • the intent of a minimum front yard setback is to provide an adequate separation distance between buildings and street activity • the applicant is proposing to construct a canopy over existing fuel pumps associated with a legal non-conforming use • Section 45 (2) of the Planning Act provides the Committee of Adjustment with the authority to extend or enlarge buildings and structures if the use of the building or structure on the day the by-law was passed continued until the date of the application to the committee • the building and the service station, automobile repair shop and convenience store uses on the property existed and were lawfully used for such purposes prior to the passing of the existing zoning by-law • the applicant is requesting a reduction in the required front yard setback from 12.0 metres to 3.0 metres for a proposed canopy to be constructed over existing fuel pumps located in the front yard • the proposed canopy over existing fuel pumps, will be setback a minimum of 3.0 metres from Highway 7 • the requested variance to reduce the front yard setback will provide an appropriate separation distance from Highway 7 • the requested variance to reduce the minimum front yard setback of a legal non- conforming use is considered to be minor in nature and desirable for the appropriate development on the subject property Input From Other Sources Ministry of Municipal Affairs and Housing Ministry of Transportation (MTO) • ·no concerns with respect to the Minister's Zoning Order, Ontario Regulation 102/77 as amended by 0. Reg. 311/83 • an MTO Building & Land Use Permit and .Entrance Permit will be required for the proposed works • the applicant has obtained a Building and Land Use Permit from the Ministry of Transportation, dated October 14, 2015 and expires on April 8, 2016 13 14 Report PICA 108/15 Date of report: November 12, 2015 Comments prepared by: Amy Emm, MCIP, RPP Planner II AE:MM:Id J:\Documents\Development\0-3700\2015\PCA 1 08-15\Report\PCA 1 08-15.docx Enclosures November 18, 2015 Page 3 Melissa Markham, MCIP, RPP Principal Planner-Development Review ) ) I r t 0 <( 0 0:: ~ ~ r ~ / -~ ~. v \ /, HIGHWAY •1_7 ---SIX~ I I -·~~~ ~· City Development Department SUB~ECT PROPERTY I Lo.cation Map FILE No: P/CA 108/15 APPLICANT: G. Scholyar PROPERTY DESCRIPTION:Con 6 S. Pt. Lot 13, 40R-20455 Parts 1-6 (2250 Highway 7) DATE: Oct 28, 2015 Data Sources: !.;~ Teranet Enterprises Inc. ~nd Its euppllera. All rlghta Reeerved. Not a ~l_an of survey. !5 2013 MPAC and Ita liiiUDDilere. All rlohta Reserved. Not a olon of Survey. SCALE 1 :5,000 IPN-RU 15 City Development Department To permit a minimum front yard depth of 3.0 metres Submitted Plan FILE No: P/CA 108/15 APPLICANT: G. Scholyar PROPERTY DESCRIPTION: Con 6 S. Pt. Lot 13, 40R-20455 Parts 1-6 (2250 Highway 7) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct. 30, 2015 I] Elb I ~:~ I' ..ns E, , +I ! . ~I City Development Department r-----------10.9_£___ 1 NORTH c~t,~ELEVATION WEST CANOPY ELEVATION Submitted Plan FILE No: P/CA 108/15 APPLICANT: G. Scholyar PROPERTY DESCRIPTION: Con 6 S. Pt. Lot 13, 40R-20455 Parts 1-6 (2250 Highway 7) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Oct. 30,2015 17